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City of Webster
101 Pennsylvania Ave. ● Webster, Texas 77598 Phone: (281) 332-1826
Fax (281) 332-5834
www.cityofwebster.com
AGENDA
City Council Regular Meeting
101 Pennsylvania, Webster, Texas
January 6, 2015
6:00 P.M.
NOTICE is hereby given of a Regular Meeting of the City Council of the City of Webster, County
of Harris, State of Texas, to be held on Tuesday, January 6, 2015, at 6:00 p.m. at: City Hall Council
Chambers, 101 Pennsylvania, Webster, Texas, for the purpose of considering the following
numbered items. The City Council of the City of Webster, Texas, reserves the right to meet in
closed session on any of the below items should the need arise and if applicable pursuant to
authorization by Title 5, Chapter 551, of the Texas Government Code.
1.
Call to Order.
2.
Invocation and Pledge of Allegiance.
3.
Roll Call and Certification of a Quorum.
4.
Proclamations and Special Recognitions.
5.
Requests or Petitions from the Public.
6.
PUBLIC HEARING: to receive all comments regarding the proposed zone change from
PD (Planned Development District) to C-2 (Second Commercial District) of approximately
3.3 acres located at 20930 Gulf Freeway.
Applicant: Zfam Properties Katy Corporation
OLD BUSINESS
7.
CONSIDERATION/ACTION to adopt an ordinance of which the caption reads:
AN ORDINANCE OF THE CITY OF WEBSTER AMENDING THE
CODE OF ORDINANCES, SIGNS ORDINANCE, CHAPTER 66;
ARTICLES I (IN GENERAL), ARTICLE II (ADMINISTRATION AND
ENFORCEMENT) & ARTICLE III (REGULATIONS); REPEALING
INCONSISTENT ORDINANCES; CONTAINING A SAVINGS CLAUSE;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
This is the SECOND of two readings.
8.
CONSIDERATION/ACTION to adopt an ordinance of which the caption reads:
AN ORDINANCE OF THE CITY OF WEBSTER TO DESIGNATE “NO
PARKING” CURB ZONES FROM 7:15 AM TO 8:30 AM AND 3:00 PM
TO 4:00 PM ON PORTIONS OF WALNUT STREET INCLUDING THE
City of Webster City Council Meeting Agenda
January 6, 2015
WEST SIDE OF WALNUT STREET, APPROXIMATELY FROM
MAGNOLIA AVENUE TO NASA PARKWAY AND THE EAST SIDE OF
WALNUT, APPROXIMATELY FROM PENNSYLVANIA STREET TO
MAGNOLIA AVENUE; REPEALING ORDINANCE #122076-A AND
OTHER ORDINANCES IN CONFLICT; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION
THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
This is the SECOND of two readings.
NEW BUSINESS
9.
CONSIDERATION/ACTION to adopt an ordinance of which the caption reads:
AN ORDINANCE OF THE CITY OF WEBSTER AMENDING THE
ZONING CLASSIFICATION OF APPROXIMATELY 3.3 ACRES
LOCATED AT 20930 GULF FREEWAY FROM PD (PLANNED
DEVELOPMENT DISTRICT) TO C-2 (SECOND COMMERCIAL
DISTRICT), AND ALSO FINDING THAT ALL PROPER NOTICES
HAVE BEEN GIVEN AND PUBLIC HEARINGS HELD; REPEALING
INCONSISTENT ORDINANCES; CONTAINING A SAVINGS CLAUSE;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
This is the FIRST of two readings.
10.
CONSIDERATION/ACTION to adopt a resolution of which the caption reads:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEBSTER, TEXAS, SUPPORTING THE SUBMITTAL OF THE
PROPOSED HARRIS COUNTY BIKE LANE PLAN AND
CONNECTIVITY
BY
THE
TEXAS
DEPARTMENT
OF
TRANSPORTATION AS PART OF THE TRANSPORTATION
ALTERNATIVES PROGRAM TO HOUSTON GALVESTON AREA
COUNCIL
FOR
THE
TRANSPORTATION
IMPROVEMENT
PROGRAM’S 2015 CALL FOR PROJECTS.
11.
CONSIDERATION/ACTION to award the bid and authorize the Mayor to execute a
contract for the “Packer Court Reconstruction” (City of Webster bid #14-03) Project.
12.
CONSIDERATION/ACTION to adopt an ordinance of which the caption reads:
AN ORDINANCE OF WEBSTER, TEXAS, ALTERING THE PRIMA
FACIE SPEED LIMIT ESTABLISHED FOR VEHICLES UNDER THE
PROVISIONS OF § 545.356, TEXAS TRANSPORTATION CODE, ON
BRAD COURT, THE SPEED LIMIT SHALL BE 15 MPH; UPON THE
BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION,
WITHIN THE CORPORATE LIMITS OF THE CITY OF WEBSTER, AS
SET FORTH IN THIS ORDINANCE; AUTHORIZING THE POSTING
2
City of Webster City Council Meeting Agenda
January 6, 2015
OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES,
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A PENALTY
FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
This is the FIRST of two readings.
13.
CONSIDERATION/ACTION to approve the purchase of seven dual-band radio
consolettes, sixteen multi-band portable radios, fifteen multi-band mobile radios, and
various accessories from Motorola Solutions, Inc. in the amount of $194,199.37 using 2014
UASI LETPA funds.
14.
CONSIDERATION/ACTION to approve the minutes:
●Regular Meeting of December 2, 2014
15.
Excused Absences.
16.
Agenda Requests from Councilmembers.
17.
Reports or Requests from the City Manager.
●Calendar of Events
18.
Adjournment.
This notation indicates that this agenda item is the product of a specific directive
resulting from the Council Planning Sessions.
ALL AGENDA ITEMS ARE SUBJECT TO ACTION
In compliance with the Americans With Disabilities Act, the City of Webster will provide for
reasonable accommodations for persons attending City Council Meetings. Requests should be
received 48 hours prior to the meetings. Please contact the City Secretary’s office at 281-332-1826.
I certify that a copy of this notice of the City Council Meeting for January 6, 2015 was posted
at City Hall, 101 Pennsylvania, Webster, Texas, on Wednesday, December 31, 2014 by 5:30 P.M.
__________________________
Pauline Small, TRMC, MMC
City Secretary
3
Item 6
CITY COUNCIL
AGENDA
CITY COUNCIL MEETING
DATE: January 6, 2015
AGENDA ITEM: Public hearing to receive all comments regarding the proposed zone change from PD
(Planned Development District) to C-2 (Second Commercial District) of approximately 3.3 acres located at
20930 Gulf Freeway.
Applicant: Zfam Properties Katy Corporation
PURPOSE STATEMENT: This agenda item is the required Public Hearing as required by the City of
Webster’s Zoning Ordinance under Sec. 98-212.
SUMMARY/BACKGROUND (WHY): See action item.
STAFF RECOMMENDATIONS:
EXPENDITURE:
See action item.
N/A
AMOUNT BUDGETED:
FUNDING SOURCE:
N/A
N/A
FINANCE DEPT. APPROVAL:
PRIORITY/CAPITAL IMPROVEMENT PROGRAM:
PREPARED BY: Evan DuVall, AICP, City Planner
APPROVAL BY DEPT. DIRECTOR: Derhyl Hebert, CFM
APPROVAL BY CITY MANAGER: ___________________________
YES ___
N/A
NO _X__
Item 7
CITY COUNCIL
AGENDA
SECOND READING
ORDINANCE NO. 15-__
AN ORDINANCE OF THE CITY OF WEBSTER AMENDING THE
CODE OF ORDINANCES, SIGNS ORDINANCE, CHAPTER 66;
ARTICLES I (IN GENERAL), ARTICLE II (ADMINISTRATION
AND ENFORCEMENT) & ARTICLE III (REGULATIONS);
REPEALING INCONSISTENT ORDINANCES; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
WHEREAS, the City Council of Webster, Texas, wishes to further clarify the Signs
Ordinance by removing inconsistencies;
WHEREAS, the City Council of Webster, Texas, wishes to provide an option for
temporary signs to businesses that are significantly burdened by substantial public roadway
construction projects within the City;
NOW THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEBSTER, TEXAS:
SECTION 1: That Chapter 66, of the Code of Ordinances, City of Webster, Texas, is
hereby amended as follows:
Strikethrough = Text to be deleted
Underline = Text to be added.
All other text to remain as-is
Sec. 66-1. - Definitions.
…
Minor sign repair means the painting, replacement of bulbs and minor aesthetic changes
that do not require electrical work or the changing of the face of the sign.
…
Reader board portion means a permanently constructed changeable copy bulletin board,
electronically or detachable precut letters and figures, lighted or unlighted. An electronic reader
board such as a light-emitting diode (LED) is not permitted in single-family residential
neighborhoods due to light pollution caused by these electronic devices.
…
Street facing means the characteristic of a business location having an unobstructed
perpendicular pathway from an entire exterior wall elevation to an improved public street
Ordinance No. 15-____
without traveling over 400 feet or crossing an intervening property boundary or, in the case of I45, the characteristic of a property being within 400 feet of the right-of-way.
Temporary business sign means a temporary placed sign that is permitted on the property
during a substantial public right-of-way project. This sign purpose is to allow a small sign on the
property to offset the challenges faced by business during a substantial roadway project.
Wall sign means a noncombustible sign located on a single two-dimensional vertical
exterior surface or a building, not extending above or below the surface to which it is attached,
not extending more than three feet above the adjacent roofline. For this purpose, plastic materials
which burn at a rate no faster than 2½ inches per minute when tested in accordance with ASTM
D635 shall be deemed approvable.
…
Sec. 66-7. Nonconforming signs.
(a) All existing signs, on the effective date of the ordinance from which this section
derives, must be registered within 120 days from the date of this chapter or three years
from the date of issuance of such permits, whichever is longer in time. Any sign not
registered within that period will be considered an unpermitted sign and subject to
removal. Within this notification period, anyone may request an exemption to this
chapter, on the basis that the sign was in existence prior to March 5, 1984 or was
permitted after March 5, 1984 and that it complies with city Ordinance 84-05.
Exemptions will be reviewed and approved on a case-by-case basis, subject to a review
of the documentation provided to justify the claim.
(ba) A sign erected without a permit either prior to or after the effective date of the
ordinance from which this section derives is an illegal sign if a permit was required for its
erection according to the law in effect at the time the sign was erected. It shall be
unlawful to maintain any illegal sign. It is a defense to prosecution under this subsection
if the sign has been made to comply with this section so that a permit may be issued.
(cb) All signs which were legally erected pursuant to a valid permit or which were
legally maintained and which do not conform to this chapter are nonconforming signs.
Nonconforming signs shall be removed or modified so as to conform with the
requirements of this section within ten years of the date the sign became nonconforming
with the following exceptions:
(1) Signs which constitute a hazard to pedestrian or vehicular traffic, unauthorized
signs or portions thereof which are located on or extended over public property,
snipe signs, signs with spinners, streamers, pennants or the like, and portable signs
shall be removed or made to conform within 60 days after the effective date of the
ordinance from which this section derives.
(2) No nonconforming sign shall be repaired or renovated at a cost in excess of 60
percent of the replacement cost of the total sign structure, unless such sign is
2
Ordinance No. 15-____
brought into conformity with this section. No nonconforming sign shall be repaired
or renovated where the effect of such repair or renovation shall be to enlarge or
increase the structure of the nonconforming sign. For the purpose of this
subsection, routine maintenance shall not be considered to be repair or renovation.
(3) A permit will not be issued for a nonconforming freestanding sign if there is a
change in ownership or a change in the type of business unless such sign is brought
into compliance with this section.
…
Sec. 66-128. - Duration and renewal.
Any sign permit that is issued by the city under authority of this chapter or any prior sign
regulations shall become invalid and void 120 days from the effective date of the ordinance from
which this section derives or three years from the date of issuance of such permit, whichever is
longer in time. However, such permits shall be renewed at the time the permit becomes invalid
and void, upon receipt of approval by the director as to the structural soundness of the sign,
compliance with all sections of this chapter and payment for inspection fees as approved by
council.
Sec. 66-129. - Revocation.
Under this division, any permit secured before and after the effective date of the ordinance from
which this section derives which, in the opinion of the director, has been secured through
subterfuge and not in full compliance with this chapter shall be revoked by the director, and all
permit fees previously paid shall, in all respects, be forfeited to the city.
Secs. 66-13028—66-155. - Reserved.
…
Sec. 66-156. Required.
Any person wishing to engage in leasing, repairing, constructing or erecting an electrical
sign or a freestanding ground sign 25 feet or higher shall first obtain a State of Texas license for
an Electrical Sign Contractor from the city.
3
Ordinance No. 15-____
Sec. 66-157. Fee.
Any person required to obtain a license under this division shall pay a license fee as
determined by the city council from time to time and on file in the office of the city secretary and
the director.
Sec. 66-1587. Insurance.
Each person licensed under this division shall submit a certificate of insurance showing
that the performance of work in connection with each sign will be covered by approved public
liability and property damage insurance in the amount stipulated by the State of Texas for a sign
contractor. of $100,000.00 for any person injured, $300,000.00 for injury to more than one
person and $100,000.00 for property damage. These certificates and polices shall provide that
cancellation shall not be permitted without giving 30 days' prior written notice to the city. Any
notice of cancellation shall be given in writing to the city by registered or certified mail.
Whenever any policy of insurance is cancelled, the director shall require that all work to which
such policy applies be stopped immediately. No permit shall be issued until such time that the
person complies with these insurance requirements.
Sec. 66-1598. Electrical sign contractors.
Each person licensed under this division whose operations include signs that in any
manner include the use of electricity shall adhere to the requirements of the city electrical code
and shall pass such examinations and tests required to qualify for a license as an electrical sign
contractor.
Secs. 66-16059—66-185. Reserved.
…
Sec. 66-186. Construction and maintenance.
…
(d) A permit is not required for repainting or minor sign maintenance of a sign. Any electrical
work should shall be in accordance with the city building codes.
…
Sec. 66-216. - Business and industrial districts.
…
(d) Special sales. An unlimited number of 12-inch balloons and aA wall sign to advertise special
sales for individual businesses shall be allowed once each quarter for a period not to exceed 14
days.
(1) Size and number. One temporary sign, which may be in the form of a banner, of a size
not to exceed 32 square feet shall be permitted.
(2) Location and height. A wall sign advertising a special sale may not project above the
roofline of a building except for buildings with parapet walls, in which case this sign
4
Ordinance No. 15-____
shall be flush with the wall and shall not project above the parapet. Wall signs identifying
business special sales shall be limited to one side of a building which fronts upon a street
or faces upon a customer parking area.
…
(i) Temporary business signs. One temporary monument sign not exceeding 32 square feet shall
be allowed during a substantial public roadway construction project. The building department
will issue a permit for a temporary business sign; this permit will require a site plan, size and
details regarding the sign for permitting. This sign will be allowed to remain until either the
public roadway project is substantially completed or permanent signage is installed.
…
Sec. 66-217. Shopping center or integrated business development.
(a) Freestanding ground sign. In shopping center projects, freestanding ground signs shall be
permitted as follows:
(1) All business establishments located within a shopping center shall utilize pylon-type
signs for all outdoor advertising purposes except as provided in this section. Individual
business establishments located within a shopping center development shall not be
permitted to erect freestanding outdoor signs to advertise their individual business except
as provided in this section. Monument-type signs shall be permitted in conjunction with
pylon signs if the following specifications and conditions are met:
...
b. The maximum sign area shall not be more than 60 72 square feet;
…
Sec. 66-218. Individual business establishments.
…
(g) Hospital complex signs. In addition to the signs otherwise allowed by this chapter, hospital
complexes with a gross floor area exceeding 300,000 square feet shall be allowed the following:
Directional signs meeting the following criteria:
Maximum height—9 feet 0 inches.
Maximum area—6072 square feet.
…
Sec. 66-219. R-2 general residential district.
…
(b) Freestanding ground sign. Freestanding ground signs shall be subject to the following:
(2) Size. The maximum sign area shall not be more than 6072 square feet.
…
Sec. 66-221. R-1 or R-1A residential districts.
…
Reader board In addition to the above permitted wall sign and monument sign, each church in a
residential [district] is allowed a non-electronic reader board in connection with one of the
5
Ordinance No. 15-____
permitted signs. Such sign shall be installed in such a location so as not to visually obstruct
vehicular and pedestrian traffic.
…
SECTION 2: It is hereby found and declared that the City has complied with all of the
statutory requirements concerning notice and hearing of the proposed amendment.
SECTION 3: If any provisions, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void, or invalid, such invalidity
shall not affect the validity of the remaining provisions of this ordinance or their application to
other persons or sets of circumstances and to this end all provisions of this ordinance are
declared to be severable.
SECTION 4: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
SECTION 5: This Ordinance shall become effective after its approval and adoption upon
second and final reading
PASSED AND APPROVED ON first reading this 2nd of December 2014.
PASSED, APPROVED, AND ADOPTED on this the ______ of ___________ 2015.
CITY OF WEBSTER, TEXAS
_______________________________________
Donna Rogers, Mayor
ATTEST:
________________________________________
Pauline Small, City Secretary
6
Item 8
CITY COUNCIL
AGENDA
SECOND READING
ORDINANCE NO. 15-__
AN ORDINANCE OF THE CITY OF WEBSTER TO DESIGNATE
“NO PARKING” CURB ZONES FROM 7:15 AM TO 8:30 AM AND
3:00 PM TO 4:00 PM ON PORTIONS OF WALNUT STREET
INCLUDING THE WEST SIDE OF WALNUT STREET,
APPROXIMATELY FROM MAGNOLIA AVENUE TO NASA
PARKWAY
AND
THE
EAST
SIDE
OF
WALNUT,
APPROXIMATELY FROM PENNSYLVANIA STREET TO
MAGNOLIA AVENUE; REPEALING ORDINANCE #122076-A AND
OTHER ORDINANCES IN CONFLICT; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH
VIOLATION THEREOF; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
WHEREAS, the City Council of Webster, Texas, has determined that in the interest of
public safety, the portions of Walnut Street depicted by Exhibit “A,” shall be designed as a “no
parking” curb zones during appropriate times to better correspond to the adjacent public schools
during drop-off and pick-up times;
NOW THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEBSTER, TEXAS:
SECTION 1: That the City Council of the City of Webster, Texas, pursuant to the
provisions of Texas Transportation Code Chapter 545 and Section 82-212 of Code of Ordinances
of the City of Webster, does declare that the following area shall be declared a “No Parking”
curb zone in which vehicles are prohibited from parking during school hours;
a) The west side of Walnut Street, approximately from Magnolia Avenue to NASA
Parkway and the east side of Walnut Street approximately from Pennsylvania Street
to Magnolia Avenue from 7:15 AM to 8:30 AM and 3:00 PM to 4:00 PM when
school is in session.
SECTION 2: The City of Webster is authorized and directed to place appropriate signs
displaying the no stopping, standing and parking restrictions as described in this ordinance.
SECTION 3: It shall be unlawful for a driver of a vehicle to disobey the instructions of a
signed placed in accordance with the provisions of this ordinance, unless at the time otherwise
directed by a police officer.
SECTION 4: If any provisions, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void, or invalid, such invalidity
Ordinance No. 15-_____
shall not affect the validity of the remaining provisions of this ordinance or their application to
other persons or sets of circumstances and to this end all provisions of this ordinance are
declared to be severable.
SECTION 5: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
SECTION 6: Any person who shall violate any provision of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more
than Two Hundred and No/100 Dollars ($200.00).
SECTION 7: This Ordinance shall become effective after its approval and adoption upon
second and final reading
PASSED AND APPROVED ON first reading this 2nd of December 2014
PASSED, APPROVED, AND ADOPTED on this the ______ of ___________ 2015
CITY OF WEBSTER, TEXAS
_______________________________________
Donna Rogers, Mayor
ATTEST:
________________________________________
Pauline Small, City Secretary
2
Item 9
CITY COUNCIL
AGENDA
CITY COUNCIL MEETING
DATE: January 6, 2015
AGENDA ITEM: Consideration/Action to approve a requested zoning change from PD (Planned
Development District) to C-2 (Second Commercial District) of approximately 3.3 acres located at
20930 Gulf Freeway.
Legal Description: Reserve B, Block 1 of Gulf Freeway Park Section 1 (HCAD #
1292850010002).
Applicant: ZFam Properties Katy Corporation
PURPOSE STATEMENT: The City of Webster has received an application for rezoning a
property located at 20930 Gulf Freeway from PD (Planned Development District) to C-2 (Second
Commercial District). The applicant, ZFam Properties Katy Corporation, has said that this request
would be the first step to the future redevelopment of this property for a new commercial business.
SUMMARY/BACKGROUND (WHY): This zone change would be the first step of redeveloping
the property at 20930 Gulf Freeway. This request is for one property along the Gulf Freeway just
west of the NASA bypass extension.
Existing Conditions:
This property does not satisfy the current requirements for the City of Webster’s Ordinances, such
as requirements of Vegetation and Zoning, but is a legal non-conforming property. The subject
property has two existing businesses, a hot tub business and a professional office utilized for a
moving company. This proposed zone change would enable the zoning to be in conformance with
the Comprehensive Plan, and furthermore, during the redevelopment phase all non-conformities
will be eliminated. There are numerous non-conforming aspects of this property including
landscaping, screening of outdoor storage and parking.
Annexation/Zoning History:
This property was annexed into the City in 1995 under ordinance #95-13. According to the Harris
County Appraisal District, this property has four buildings that were built between 1953 and 1982.
Since this property was annexed into the City, there has not been any additional development.
Zoning Request and Analysis:
The subject property is currently zoned PD (Planned Development District), which is designed to
promote flexibility and allow more creativity than a traditional zoning district would allow (See
Sec. 98-51). This property has never submitted planned development guidelines as required in the
Planned Development Zone. The subject site is substantially smaller than the recommended size of
ten (10) acres or more for a Planned Development District. This request is for a zone change to C-2
(Second Commercial District), a general commercial zoning district within the City of Webster (See
Sec. 98-47). When deciding a zone change, the City of Webster has to evaluate the Comprehensive
Plan for guidance.
CITY COUNCIL MEETING
Zoning Ordinance: Section 98-51 PD (Planned Development District)
Intent: This district is created to accommodate planned associations of uses developed as integral land
use units, either of single-family and multifamily residential, mixed residential and commercial uses, or
industrial and commercial uses. It is designed to permit flexibility and encourage a more creative,
efficient, and aesthetically desirable design and placement of buildings, open spaces, circulation patterns,
and parking facilities in order to best utilize the special features of topography, size, or shape. Although
more flexible than standard zoning districts, PD districts shall include features rendering them superior in
design to standard districts and shall in no instance be utilized with the intent of circumventing the
standard zoning regulations.
Zoning Ordinance: Section 98-47 C-2 (Second Commercial District)
Intent: This district is intended to allow larger, more community-level retail uses in general proximity to
residential areas. It is particularly intended for those uses which are dependent upon higher traffic
volumes and locations along or adjacent to major arterial streets. The regulations in this district are
designed to provide maximum convenience and ease of access to and around such uses. This district is
appropriate for the larger retail centers along major highways.
Conformance with the Comprehensive Plan:
The Comprehensive Plan is the guiding document when it comes to evaluating zone changes. This
property is within future land use designation of “General Commercial.” This future land use
designation is intended for commercial uses adjacent to major roadways. This request for a change
to C-2 (Second Commercial District) is compliant with this land use designation of General
Commercial.
PUBLIC HEARING COMMENTS: During the Public Hearing, Mrs. Booker, owner of NASA
Wholesale Barkyard, expressed concern on whether this zone change would affect their property
directly to the north of this rezoning request. At the Planning and Zoning Commission Meeting, it was
explained that this proposed rezoning would not affect the northerly property known as the NASA
Wholesale Barkyard, however, it was mentioned that this will allow the property with the existing Hot
Tub and Moving Company office to be more readily redeveloped.
STAFF RECOMMENDATION: Staff recommends approval of the requested zoning change from
PD (Planned Development District) to C-2 (Second Commercial District) as this request is in
conformance with the City of Webster’s Comprehensive Plan and will allow this property in the future
to resolve non-conformities during redevelopment.
PLANNING AND ZONING RECOMMENDATION: On December 10, 2014 the Planning and
Zoning Commission unanimously recommended approval of the requested zoning change from PD
(Planned Development District) to C-2 (Second Commercial District).
CITY COUNCIL MEETING
EXPENDITURE:
N/A
FUNDING SOURCE: N/A
AMOUNT BUDGETED:
N/A
FINANCE DEPT. APPROVAL:
PRIORITY/CAPITAL IMPROVEMENT PROGRAM:
YES ___
PREPARED BY: Evan DuVall, AICP, City Planner
APPROVAL BY DEPT. DIRECTOR: Derhyl Hebert, CFM
APPROVAL BY CITY MANAGER: ___________________________
ATTACHMENTS:
1. Proposed Ordinance
2. Planning and Zoning Commission Report
3. PowerPoint for January 6, 2015
4. Application Packet from Planning and Zoning Commission
N/A
NO _X__
FIRST READING
ORDINANCE NO. 15-_____
AN ORDINANCE OF THE CITY OF WEBSTER AMENDING THE ZONING
CLASSIFICATION OF APPROXIMATELY 3.3 ACRES LOCATED AT 20930
GULF FREEWAY FROM PD (PLANNED DEVELOPMENT DISTRICT) TO C-2
(SECOND COMMERCIAL DISTRICT), AND ALSO FINDING THAT ALL
PROPER NOTICES HAVE BEEN GIVEN AND PUBLIC HEARINGS HELD;
REPEALING INCONSISTENT ORDINANCES; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
____________________________________________________________________________
WHEREAS, ZFam Properties Katy Corporation has requested a rezoning on the above
described property from the PD (Planned Development District) to C-2 (Second Commercial District)
zoning district.
WHEREAS, the City of Webster has found that said rezoning is appropriate for the subject
property, is compatible with the surrounding area, and is in conformance with the Comprehensive
Plan;
WHEREAS, on the 10th day of December, 2014, a public hearing was held by the Planning and
Zoning Commission of City of Webster, Texas, notice being given by publication in the official
newspaper of the City; and
WHEREAS, on the 10th day of December, 2014, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed rezoning
application by ZFam Properties Katy Corporation whereby the Commission recommended approval of
proposed rezoning from PD (Planned Development District) to C-2 (Second Commercial District); and
WHEREAS, on the 6th day of January, 2015, a public hearing was held by the City Council of
City of Webster, Texas, notice being given by publication in the official newspaper of the City; and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, City
Council considered this application and the recommendation of the Planning and Zoning Commission
at a regular meeting on 6th day of January, 2015; and
WHEREAS, The City Council having fully heard the testimony and argument of all interested
parties, having been fully advised in the premises, finds that in the case judgment of City Council,
would justify the approval of said application; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEBSTER,
TEXAS:
SECTION 1: It is hereby found and declared that the City has complied with all of the
statutory requirements concerning notice and hearing of a proposed change in zoning classification.
SECTION 2: That approximately 3.3 acres located at 20930 Gulf Freeway, more specifically,
Reserve B, Block 1 of Gulf Freeway Park Section 1 and further described in Exhibit “A” is hereby
reclassified from PD (Planned Development District) to C-2 (Second Commercial District).
SECTION 3: If any provisions, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or set of circumstances shall for any
reason be held unconstitutional, void, or invalid, such invalidity shall not affect the validity of the
remaining provisions of this ordinance or their application to other persons or sets of circumstances
and to this end all provisions of this ordinance are declared to be severable.
SECTION 4: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating
and governing the subject matter covered by this ordinance.
SECTION 5: This Ordinance shall become effective after its approval and adoption upon second and
final reading.
PASSED AND APPROVED ON first reading this ____ day of ________________ 2015.
PASSED, APPROVED AND ADOPTED on the second and final reading this ___ day of
_______________ 2015.
CITY OF WEBSTER, TEXAS
______________________
Donna Rogers, Mayor
ATTEST:
_______________________
Pauline Small, TRMC, MMC
City Secretary
Exhibit “A” Vicinity Map
PLANNING AND ZONING COMMISSION REPORT
RE: 20930 GULF FREEWAY REZONING
Page 1 of 1
www.cityofwebster.com
December 10, 2014
Re: Recommendation/Report on proposed Rezoning from PD (Planned Development District) to C-2
(Second Commercial District) at 20930 Gulf Freeway
Honorable Mayor and City Council Members:
At the Planning and Zoning Commission Meeting on December 10, 2014, the Planning and Zoning
Commission considered the proposed rezoning at 20930 Gulf Freeway. After staff presentation, the
Planning and Zoning Commission has provided the City Council with guidance by recommending
approval of the proposed request.
Planning Commissioner Leo Waltz made a motion to recommend approval of the proposed
Rezoning to the City Council. This motion was seconded by Commissioner Tim Hughes. The
vote was 4-0, in favor of recommending approval, the motion passed.
Sincerely,
Evan M. DuVall City Planner On behalf of the Planning and Zoning Commission Evan DuVall, AICP
City Planner
[email protected]
City of Webster
101 Pennsylvania Avenue
Webster, TX 77598
Main: 281.332.1826
Direct: 281.316.4122
Fax: 281.332.5834
City Council
January 6, 2015
Proposed Rezoning from PD (Planned
Development District) to C-2 (Second
Commercial District)
1
Staff Presentation
Applicant has requested a
zone change from PD
(Planned Development
District to C-2 (Second
Commercial District)
2
Existing
Conditions:
1. Hot Tub Spa
business and an
office is located
on this property.
3
Hot Tub Business
4
Moving Company Office
5
Examples of C-2
Businesses
•
•
•
•
•
•
•
•
Offices
Minor Car Repair
Shopping Centers
General Retail
Medical Office
Theaters
Health and Fitness Club
Animal Hospital without outside pens
6
Comprehensive Plan
Guidance
GP Recommends:
General Commercial,
which is compatible
with the C-2 (Second
Commercial District)
- Size of the parcel is
too small for a
recommendation to
remain PD (Planned
Development)
7
Planning and Zoning
Commission Recommendation:
• On December 10, 2014 the Planning and Zoning
Commission unanimously recommended approval of
the requested zoning change from PD (Planned
Development District) to C-2 (Second Commercial
District).
8
PLANNING & ZONING
COMMISSION MEETING
DATE: December 10, 2014
AGENDA ITEM: Consideration/Action to recommend approval for a requested zoning change
from PD (Planned Development District) to C-2 (Second Commercial District) of approximately 3.3
acres located at 20930 Gulf Freeway.
Legal Description: Reserve B, Block 1 of Gulf Freeway Park Section 1 (HCAD #
1292850010002).
Applicant: ZFam Properties Katy Corporation on behalf of Mary A. Flex, property owner.
PURPOSE STATEMENT: The City of Webster has received an application for a rezoning of the
property at 20930 Gulf Freeway from PD (Planned Development District) to C-2 (Second
Commercial District)..
SUMMARY/BACKGROUND (WHY): The applicant, ZFam Properties Katy Corporation, has
said that this request for a zone change would be the first step to the future redevelopment of this
property for a new commercial business.
Overview of Zoning Request: This request is for one property along the Gulf Freeway just west of
the NASA bypass extension. This property currently does not satisfy the current requirements for
the City of Webster’s Ordinances, such as requirements of Vegetation and Zoning, but is a legal
non-conforming property. When considering a zone change, the Planning and Zoning Commission
must formulate a recommendation based on the Comprehensive Plan and not whether a certain
permitted use is, or is not, desirable.
Existing Conditions: The subject property has two existing businesses, a Hot Tub Spa business and
a professional office utilized for a moving company. This proposed zone change would enable the
zoning to be in conformance with the Comprehensive Plan and during the development phase,
remove existing non-conformities.
Annexation History: This property was annexed into the City in 1995, under Ordinance #95-13.
According to the Harris County Appraisal District, this property had four buildings built between
1953 and 1982. Since this property became part of Webster, no additional development has
occurred.
Zoning Request and Analysis: The subject property is currently zoned PD (Planned Development
District), which is designed to promote flexibility and would allow more creativity than a traditional
Zoning District (See Sec. 98-51). This property has never submitted planned development
guidelines which is a requirement in the Planned Development Zoning District. The subject site is
substantially smaller than the recommended size of ten (10) acres or more for a Planned
PLANNING & ZONING
COMMISSION MEETING
Development District. This request is for a zone change to C-2 (Second Commercial District), a
General Commercial Zoning District within the City of Webster (See Sec. 98-47).
Zoning Ordinance: Section 98-51 PD (Planned Development District)
Intent: This district is created to accommodate planned associations of uses developed as integral land
use units, either of single-family and multifamily residential, mixed residential and commercial uses, or
industrial and commercial uses. It is designed to permit flexibility and encourage a more creative,
efficient, and aesthetically desirable design and placement of buildings, open spaces, circulation patterns,
and parking facilities in order to best utilize the special features of topography, size, or shape. Although
more flexible than standard zoning districts, PD districts shall include features rendering them superior in
design to standard districts and shall in no instance be utilized with the intent of circumventing the
standard zoning regulations.
Zoning Ordinance: Section 98-47 C-2 (Second Commercial District)
Intent: This district is intended to allow larger, more community-level retail uses in general proximity to
residential areas. It is particularly intended for those uses which are dependent upon higher traffic
volumes and locations along or adjacent to major arterial streets. The regulations in this district are
designed to provide maximum convenience and ease of access to and around such uses. This district is
appropriate for the larger retail centers along major highways.
Conformance with the Comprehensive Plan:
The Comprehensive Plan is the guiding document when it comes to evaluating a zone changes.
This property is within future land use designation of “General Commercial.” This future land use
designation is intended commercial uses adjacent to major roadways. This request for a change to
C-2 (Second Commercial District) is compliant with this land use designation of General
Commercial.
STAFF RECOMMENDATION: Staff recommends approval of the requested zoning change from
PD (Planned Development District) to C-2 (Second Commercial District) as this request is in
conformance with the City of Webster’s Comprehensive Plan and will allow this property in the future
to resolve non-conformities during redevelopment.
EXPENDITURE:
AMOUNT BUDGETED:
N/A
N/A
FUNDING SOURCE: N/A
FINANCE DEPT. APPROVAL:
PRIORITY/CAPITAL IMPROVEMENT PROGRAM:
YES ___
N/A
NO _X__
PLANNING & ZONING
COMMISSION MEETING
PREPARED BY: Evan DuVall, AICP, City Planner
APPROVAL BY DEPT. DIRECTOR: Derhyl Hebert, CFM
ATTACHMENTS:
1.) Vicinity Map
2.) Future Land Use Plan
3.) Zoning Map
4.) Notification Map
5.) Application Packet
Map produced by City of Webster
Planning Division
Aerial dated Feb. 2012
NOTE: This map has been made from best
available data. It is not a legal document and
nor is it a substitute for a survey.
0
CITY OF WEBSTER
237.5
Vicinity Map
20930 Gulf Freeway
475 Feet
O
Legend
Subject Parcel
Jump N Jungle
Fred Astaire
SOU
Roberts Carpet
20
81
Michiru Sushi
C
0
Kings Bingo
Marble Slab
McAlister's Deli
20
Goodwill
20
81
20
2
81
4
20
Mattress
Firm
20
93
Quick Weight
Loss Center
Hans
Mongolian
Barbeque
Unicare
Dental
Amco
Insurance
Dance
University
20
91
1
Twin
Peaks
Restaurant
93
1
NASA
Wholesale
Barkyard
0
NASA M
Pat's Toyotors Inc.
Arre Rac s Motorcycles
ing Engin
es
93
0
Aahhh
Comfort
Spa
Schlitzber
gerDavidson
Monumen
ts
Chuy's
Restaurant
20
Steak &Shake
97
1
20
97
5
MAGN
21
20
0
21
Cheddar's
00
1
Map produced by City of Webster
Planning Division
Aerial dated Feb. 2012
NOTE: This map has been made from best
available data. It is not a legal document and
nor is it a substitute for a survey.
0
215
CITY OF WEBSTER
Future Land Use Map
430 Feet
20930 Gulf Freeway
O
Subject Property
20801
20794
20798
20839
SOUTH TEXAS A
General Commercial
20810
20911
20740
20931
20930
N AS A
SS
Y PA
1B
21200
20971
20975
MAGNOLIA AVENU
21001
1125
20930 GULF FWY.
0
431
22
200 Ft. Notification Radius Map
200
400 Feet
FM 528
1419
20710
20760
20770
20784
20710
20790
1427
20794
I-45 GULF FREEWAY
20701
20798
1423
20839
45
20810
20911
20740
20931
200 ft. Notification Buffer
20930
SITE
20971
MAGNOLIA AVE.
21001
21200
NASA 1 BYPA
SS
Legend
Parcels
200 ft. Radius of Site Parcel Perimeter
Parcels within 200 ft. Notification Buffer
map produced 11/20/2014, city of webster gis sect., file m:requests/arcinfomaps/i45/20930 gulf fwy buffer map 200ft.mxd
20
Item 10
CITY COUNCIL
AGENDA
CITY COUNCIL MEETING
DATE: January 6, 2015
AGENDA ITEM: Consideration/Action to adopt a resolution supporting the submittal of the
Proposed Harris County Bike Lane Plan and Connectivity by Texas Department of Transportation
to Houston Galveston Area Council for the Transportation Improvement Program’s 2015 Call for
Projects.
PURPOSE STATEMENT: As the Proposed Harris County Bike Lane Plan and Connectivity
enhances the City’s vitality, mobility, and economic development, the opportunity to grow
Webster’s network of pedestrian and bicycle lanes by utilizing funding from other sources is
financially beneficial and accords with the City’s Comprehensive Plan.
SUMMARY/BACKGROUND (WHY): In October 2014, City Council adopted Resolution No.
14-20 supporting the Proposed Harris County Bike Lane Plan and Connectivity. The Houston
Galveston Area Council’s Transportation Policy Council has approved the Transportation
Improvement Program’s 2015 Call for Projects that is estimated to have $160 million allocated for
approved projects. The Proposed Harris County Bike Lane Plan and Connectivity will be a TxDOT
project on TxDOT right-of-way. If Houston Galveston Area Council’s Transportation Policy
Council selects the Proposed Harris County Bike Lane Plan and Connectivity for the Transportation
Improvement Program, the project will be eligible to receive federal reimbursement of 80% of
allowable costs.
The estimated cost of the Webster portion of this project is $1,924,070.16, of which the City of
Webster would fund 20% or $384,814.03. To accommodate both pedestrian and bicycle traffic, the
project will include a five-foot buffer from the edge of the vehicular lane to the start of the eightfoot bike/pedestrian lane. The estimated project cost consists of all construction costs, including
asphalt paving and drainage. TxDot would oversee the construction of the project, as well as fully
fund all design work. If the Proposed Harris County Bike Lane Plan and Connectivity is selected
by Houston Galveston Area Council’s Transportation Policy Council for funding, then Webster City
Council would be presented with an Advanced Funding Agreement between TxDOT and the City
of Webster. There is money currently available in the Street Construction Fund to pay for this
project.
Bicycle/pedestrian lanes promote an alternative mode of travel with designated routes and ample
crosswalks for safe mobility and enhance a community’s recreational and economic vitality. This
proposed bike/pedestrian lane plan corresponds to the City of Webster’s Comprehensive Plan,
Section 5.7 – Bikeways and Pedestrian Routes.
STAFF RECOMMENDATIONS: Staff recommends adopting the Resolution supporting the
submittal by Texas Department of Transportation of the Proposed Harris County Bike Lane Plan
and Connectivity.
CITY COUNCIL MEETING
EXPENDITURE:
N/A
AMOUNT BUDGETED: N/A
FUNDING SOURCE:
N/A
FINANCE DEPT. APPROVAL: Wm. Michael Rodgers, CPA
PRIORITY/CAPITAL IMPROVEMENT PROGRAM:
YES ___
NO _X__
PREPARED BY: Karen Coglianese, Economic Development Specialist and Transportation Liaison
APPROVAL BY DEPT. DIRECTOR: Dr. Betsy Giusto
APPROVAL BY CITY MANAGER: _____________________________
ATTACHMENTS: Proposed Resolution with Exhibit “A” map of Proposed Harris County Bike Lane Project and
Connectivity
RESOLUTION NO. 15A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEBSTER, TEXAS, SUPPORTING THE SUBMITTAL OF THE
PROPOSED HARRIS COUNTY BIKE LANE PLAN AND
CONNECTIVITY
BY
THE
TEXAS
DEPARTMENT
OF
TRANSPORTATION AS PART OF THE TRANSPORTATION
ALTERNATIVES PROGRAM TO HOUSTON GALVESTON AREA
COUNCIL FOR THE TRANSPORTATION IMPROVEMENT
PROGRAM’S 2015 CALL FOR PROJECTS.
WHEREAS, the City Council of Webster, Texas, in October 2014 adopted Resolution No. 14-20
supporting the Texas Department of Transportation Proposed Harris County Bike Lane Plan and
Connectivity; and
WHEREAS, the opportunity to foster pedestrian and bicycling activity throughout Webster via
the use of safe and ample crosswalks, sidewalks, and bikeways accords with the City’s Comprehensive
Plan and results in invaluable community development; and
WHEREAS, the Transportation Alternatives Program was created by the Moving Ahead for
Progress in the 21st Century Act (also known as Map-21) to provide federal funding for a variety of
alternative transportation projects; and
WHEREAS, the Texas Department of Transportation seeks to submit the Proposed Harris
County Bike Lane Plan and Connectivity to the Houston Galveston Area Council’s Transportation
Improvement Program’s 2015 Call for Projects; and
WHEREAS, the Proposed Harris County Bike Lane Plan and Connectivity will provide a vital
link of alternative mobility from South Houston to League City; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WEBSTER, TEXAS THAT:
Section 1. The City Council hereby declares its support of funding the 20% match required by the
Houston Galveston Area Council’s Transportation Improvement Program’s 2015 Call for Projects for the
Proposed Harris County Bike Lane Plan and Connectivity, as illustrated on map Exhibit “A” attached
hereto, and
Section 2. This Resolution shall become effective immediately after its approval and adoption.
Resolution No. 15PASSED, APPROVED, AND ADOPTED on this 6th day of January 2015.
CITY OF WEBSTER, TEXAS
_____________________________________
Donna Rogers, Mayor
ATTEST:
______________________________________
Pauline Small, City Secretary
R
!
R
!
PROPOSED
HARRIS COUNTY
BIKE LANE PLAN AND CONNECTIVITY
PASADENA
Exhibit A
_
^
R
!
SOUTH HOUSTON
_
^
_
^
R
!
CLEAR LAKE
R
!
_
^
NASSAU BAY
R
!
_
^
Legend
_
^
Metro Park and Rides
Existing Bike Facilities
R
!
R
!
WEBSTER
FRIENDSWOOD
Proposed TxDOT Bike Lane
Proposed Bike Facilities by Others
LEAGUE CITY
Proposed Shared Roadway
R
!
City of Webster Boundaries
HOUSTON DISTRICT
1.5
0.75
0
1.5
Miles
E
Item 11
CITY COUNCIL
AGENDA
CITY COUNCIL MEETING
DATE: January 6, 2015
AGENDA ITEM: Consideration/Action to award the bid and authorize the Mayor to execute a
contract for the “Packer Court Reconstruction” (City of Webster bid #14-03) Project.
PURPOSE STATMENT: The purpose of this item is to award the bid and authorize a contract to
G.W. Phillips Concrete Construction, Inc., who was the low bidder for the “Packer Court
Reconstruction” Project.
SUMMARY/BACKGROUND (WHY): Staff received two bids for the above referenced project.
The bids ranged from $390,501 to $587,644. The City requested three separate options relating to
the existing underground storm sewer system. They are as follows:
1. Remove and replace the existing storm pipe with reinforced concrete pipe (RCP)
2. Remove and replace the existing storm sewer pipe with HDPE pipe
3. Slip line the existing RCP with HDPE pipe
The low bid was submitted by G.W. Phillips Concrete Construction, Inc., for all three options. The
bid summary is as follows:
G.W. Phillips Concrete Construction, Inc.
D & W Contractors, Inc.
Option 1
$421,326
$448,129
Option 2
$400,351
$460,829
Option 3
$393,176
$587,644
Staff believes utilizing option 3, slip lining the existing storm pipe on Packer Court, should reduce
the amount of inconvenience the local residents experience, as compared to options 1 or 2.
Based on references provided by the contractor and a recommendation from KSA Engineering, Inc.,
staff believes this contractor to be qualified for this project.
STAFF RECOMMENDATIONS: Staff recommends awarding the bid to G.W. Philips Concrete
Construction, Inc., for the bid sum of $393,176.00.
EXPENDITURE:
$393,176.00
AMOUNT BUDGETED: $650,000.00
FUNDING SOURCE: Street Construction Fund – Project 138
FINANCE DEPT. APPROVAL: Wm. Michael Rodgers, CPA
PRIORITY/CAPITAL IMPROVEMENT PROGRAM:
YES _X__
NO ___
PREPARED BY: David Glasco
APPROVAL BY DEPT. DIRECTOR: __Shannon Hicks, P.E._____________
APPROVAL BY CITY MANAGER: _____________________________
ATTACHMENTS:
KSA Engineering, Inc. Bid Tabulation and Award Letter; Contract
816 Park Two Drive
Sugar Land, TX 77478
P: 281-494-3252
December 16, 2014
Mr. Dave Glasco
Manager- Engineering & Construction
City of Webster
855 Magnolia
Webster, Texas 77598
Also Via Email
[email protected]
RE: Packer Ct
Bid Tabulation and Award Letter
Dear Mr. Glasco:
Bids for the above referenced project were received at 2:00 p.m. on Wednesday, December 2, 2014,
at the City of Webster, 101 Pennsylvania Ave., Webster, Texas 77598 and publicly read at the same
time, date, and location. Two (2) bids were received on this project. KSA Engineers, Inc. has
reviewed the bid and prepared the attached Bid Tabulation for your use indicating the bid results.
The low bidder is G.W. Phillips Constrcution, Inc. of Houston, Texas. From a review of the
qualifications and references submitted with the bid proposal, the low bidder appears to be qualified
to perform the work required and is ready to proceed if so awarded.
The bid included three altnerates. The possible award can be as follows:
Bid Option
Description
1
Packer Ct Reconstruction
with RCP storm sewer
2
Packer Ct Reconstruction
with HDPE storm sewer
Reconstruct street and replace existing
concrete storm sewer with concrete storm
sewer pipe
Reconstruct street and replace existing
concrete storm sewer with HDPE storm sewer
pipe
3
Packer Ct Reconstruction
with sliplining 42” storm
sewer
Reconstruct street and slip line existing 42”
storm with HDPE pipe and replace existing
24”storm sewer with 24” concrete storm sewer
Low
Bidder
G.W.
Phillips
Low Bid
$421,326.00
G.W.
Phillips
$400,351.00
G.W.
Phillips
$393,176.00
G.W. Phillips submitted the low bid for all three bid options. The City of Webster, therefore, has the
distinct advantage of being able to choose any bid option from G.W. Phillips. The City should decide
and vote on whichever option serves the best interest of the City.
From a review of the bid proposal submitted, the qualification information submitted with the bid
proposal, we recommend the contract for the above referenced project be awarded to G.W. Phillips
Construction, Inc.
This document has important legal consequences; consultation with an attorney is encouraged with
respect to its use or modification. This document should be adapted to the particular circumstances of
the contemplated Project and the controlling Laws and Regulations.
SUGGESTED FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR FOR
CONSTRUCTION CONTRACT (STIPULATED PRICE)
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly by
AMERICAN COUNCIL OF ENGINEERING COMPANIES
______________________
ASSOCIATED GENERAL CONTRACTORS OF AMERICA
______________________
AMERICAN SOCIETY OF CIVIL ENGINEERS
_______________________
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A Practice Division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
Endorsed by
CONSTRUCTION SPECIFICATIONS INSTITUTE
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
This Suggested Form of Agreement has been prepared for use with the Standard General Conditions
of the Construction Contract (EJCDC C-700, 2007 Edition). Their provisions are interrelated, and a
change in one may necessitate a change in the other. The language contained in the Suggested
Instructions to Bidders (EJCDC C-200, 2007 Edition) is also carefully interrelated with the language
of this Agreement. Their usage is discussed in the Narrative Guide to the 2007 EJCDC Construction
Documents (EJCDC C-001, 2007 Edition).
Copyright © 2007 National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(703) 684-2882
www.nspe.org
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474
www.acec.org
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
(800) 548-2723
www.asce.org
Associated General Contractors of America
2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308
(703) 548-3118
www.agc.org
The copyright for this EJCDC document is owned jointly by the four
EJCDC sponsoring organizations and held in trust for their benefit by NSPE.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
INTRODUCTION
This Suggested Form of Agreement between Owner and Contractor for Construction Contract (Stipulated
Price) (“Agreement”) has been prepared for use with the Suggested Instructions to Bidders for Construction
Contracts (“Instructions to Bidders”) (EJCDC C-200, 2007 Edition); the Suggested Bid Form for Construction
Contracts (“Bid Form”) (EJCDC C-410, 2007 Edition); and the Standard General Conditions of the
Construction Contract (“General Conditions”) (EJCDC C-700, 2007 Edition). Their provisions are interrelated,
and a change in one may necessitate a change in the others. See also the Guide to the Preparation of
Supplementary Conditions (EJCDC C-800, 2007 Edition), and the Narrative Guide to the 2007 EJCDC
Construction Documents (EJCDC C-001, 2007 Edition).
This Agreement form assumes use of a Project Manual that contains the following documentary
information for a construction project:
•
Bidding Requirements, which include the advertisement or invitation to bid, the Instructions to Bidders,
and the Bid Form that is suggested or prescribed, all of which provide information and guidance for all
Bidders; and
•
Contract Documents, which include the Agreement, performance and payment bonds, the General
Conditions, the Supplementary Conditions, the Drawings, and the Specifications.
The Bidding Requirements are not Contract Documents because much of their substance pertains to the
relationships prior to the award of the Contract and has little effect or impact thereafter, and because many
contracts are awarded without going through the bidding process. In some cases, however, the actual Bid may
be attached as an exhibit to the Agreement to avoid extensive rekeying. (The definitions of terms used in this
Agreement, including “Bidding Documents,” “Bidding Requirements,” and "Contract Documents," are set
forth Article 1 of the General Conditions.)
Suggested provisions are accompanied by “Notes to User” to assist in preparing the Agreement. The
provisions have been coordinated with the other forms produced by EJCDC. Much of the language should be
usable on most projects, but modifications and additional provisions will often be necessary. When modifying
the suggested language or writing additional provisions, the user must check the other documents thoroughly
for conflicts and coordination of terms and make appropriate revisions in all affected documents.
All parties involved in construction projects benefit significantly from a standardized approach in the
location of subject matter throughout the documents. Experience confirms the danger of addressing the
same subject matter in more than one location: doing so frequently leads to confusion and unanticipated
legal consequences. When preparing documents for a construction project, careful attention should be
given to the guidance provided in the Uniform Location of Subject Matter (EJCDC N-122).
EJCDC has designated Section 00520 for this Agreement. If this convention is used, the first page of the
Agreement would be numbered 00520-1. If CSI’s MasterFormat 04™ is being used for the Project Manual,
consult MasterFormat 04 for the appropriate section number and number the pages accordingly.
For brevity, paragraphs of the Instructions to Bidders are referenced with the prefix “I,” those of the Bid
Form are referenced with the prefix “BF,” and those of this Agreement are referenced with the prefix “A.”
NOTE: EJCDC publications may be purchased from any of the organizations listed on the page immediately
following the cover page of this document.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page i
SUGGESTED FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
THIS AGREEMENT is by and between
City of Webster
G. W. Phillips Concrete Construction, Inc.
(“Owner”) and
(“Contractor”).
Owner and Contractor hereby agree as follows:
ARTICLE 1 – WORK
1.01
Contractor shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows: The removal of existing concrete pavement, asphalt, curb
and gutter, storm sewers, inlets, and sidewalks. They shall be replaced with lime treated
subgrade, new reinforced concrete streets, sidewalks, curbs, driveways, and storm sewers
ARTICLE 2 – THE PROJECT
2.01
The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows: Packer Court Reconstruction, the removal of existing concrete
pavement, asphalt, curb and gutter, storm sewers, inlets, and sidewalks. They shall be replaced
with lime treated subgrade, new reinforced concrete streets, sidewalks, curbs, driveways, and
storm sewers
ARTICLE 3 – ENGINEER
3.01
The Project has been designed by KSA Engineers, Inc. (Engineer), which is to act as Owner’s
representative, assume all duties and responsibilities, and have the rights and authority assigned
to Engineer in the Contract Documents in connection with the completion of the Work in
accordance with the Contract Documents.
ARTICLE 4 – CONTRACT TIMES
4.01
Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for
final payment as stated in the Contract Documents are of the essence of the Contract.
4.02
Days to Achieve Substantial Completion and Final Payment
A. The Work will be substantially completed within 150 days after the date when the Contract
Times commence to run as provided in Paragraph 2.03 of the General Conditions, and
completed and ready for final payment in accordance with Paragraph 14.07 of the General
Conditions within 180 days after the date when the Contract Times commence to run.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 1 of 9
4.03
Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above
and that Owner will suffer financial loss if the Work is not completed within the times specified
in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of
the General Conditions. The parties also recognize the delays, expense, and difficulties involved
in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is
not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor
agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner
$200 for each day that expires after the time specified in Paragraph 4.02 above for Substantial
Completion until the Work is substantially complete. After Substantial Completion, if
Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract
Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $200 for
each day that expires after the time specified in Paragraph 4.02 above for completion and
readiness for final payment until the Work is completed and ready for final payment.
ARTICLE 5 – CONTRACT PRICE
5.01
Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
Paragraphs 5.01.A below:
A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.
1. Contractor’s Bid is attached as an exhibit and listed as a Contract
Document in A-9.
ARTICLE 6 – PAYMENT PROCEDURES
6.01
Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the General
Conditions.
6.02
Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of
Contractor’s Applications for Payment on or about the 30 day of each month during
performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be
measured by the schedule of values established as provided in Paragraph 2.07.A of the General
Conditions (and in the case of Unit Price Work based on the number of units completed) or, in
the event there is no schedule of values, as provided in the General Requirements.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below but, in each case, less the aggregate of payments previously
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 2 of 9
made and less such amounts as Engineer may determine or Owner may withhold, including
but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General
Conditions.
a. 95 percent of Work completed (with the balance being retainage). If the Work has been
50 percent completed as determined by Engineer, and if the character and progress of
the Work have been satisfactory to Owner and Engineer, then as long as the character
and progress of the Work remain satisfactory to Owner and Engineer, there will be no
additional retainage; and
b. 95 percent of cost of materials and equipment not incorporated in the Work (with the
balance being retainage).
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments
to Contractor to 95 percent of the Work completed, less such amounts as Engineer shall
determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 200
percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on
the tentative list of items to be completed or corrected attached to the certificate of Substantial
Completion.
6.03
Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the
General Conditions, Owner shall pay the remainder of the Contract Price as recommended by
Engineer as provided in said Paragraph 14.07.
ARTICLE 7 – INTEREST
7.01
All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
interest at the rate of 0.0 percent per annum.
ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS
8.01
In order to induce Owner to enter into this Agreement, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents and the other related
data identified in the Bidding Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions relating to
existing surface or subsurface structures at the Site (except Underground Facilities), if any, that
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 3 of 9
have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing
reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions,
if any, at the Site that have been identified in Paragraph SC-4.06 of the Supplementary
Conditions as containing reliable "technical data.".
E. Contractor has considered the information known to Contractor; information commonly known
to contractors doing business in the locality of the Site; information and observations obtained
from visits to the Site; the Contract Documents; and the Site-related reports and drawings
identified in the Contract Documents, with respect to the effect of such information,
observations, and documents on (1) the cost, progress, and performance of the Work; (2) the
means, methods, techniques, sequences, and procedures of construction to be employed by
Contractor, including any specific means, methods, techniques, sequences, and procedures of
construction expressly required by the Contract Documents; and (3) Contractor’s safety
precautions and programs.
F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor
does not consider that further examinations, investigations, explorations, tests, studies, or data
are necessary for the performance of the Work at the Contract Price, within the Contract Times,
and in accordance with the other terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by Owner and others at the
Site that relates to the Work as indicated in the Contract Documents.
H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
ARTICLE 9 – CONTRACT DOCUMENTS
9.01
Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 1 to 10, inclusive).
2. Performance bond (pages 1 to 3, inclusive).
3. Payment bond (pages 1 to 3, inclusive).
4. Other bonds
a. Maintenance Bond (pages 1 to 1, inclusive).
5. General Conditions (pages 1 to 67, inclusive).
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 4 of 9
6. Supplementary Conditions (pages 1 to 11, inclusive).
7. Specifications as listed in the table of contents of the Project Manual.
8. Drawings consisting of 14 sheets with each sheet bearing the following general title: Packer
Ct. Reconstruction
9. Addenda (numbers 1 to 3, inclusive).
10. Exhibits to this Agreement (enumerated as follows):
a. Contractor’s Bid (pages 1 to 13, inclusive).
11. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a. Notice to Proceed ( 1 page)
b. Work Change Directives.
c. Change Orders.
B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly
noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in
Paragraph 3.04 of the General Conditions.
ARTICLE 10 – MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and the
Supplementary Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding
on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may
not be assigned without such consent (except to the extent that the effect of this restriction may
be limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 5 of 9
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
10.05 Contractor’s Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this Paragraph
10.05:
1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value
likely to influence the action of a public official in the bidding process or in the Contract
execution;
2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence
the bidding process or the execution of the Contract to the detriment of Owner, (b) to
establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner
of the benefits of free and open competition;
3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or
without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial,
non-competitive levels; and
4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or
their property to influence their participation in the bidding process or affect the execution
of the Contract.
10.06 Other Provisions
NOTAPPLICABLE
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 6 of 9
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been
delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been
identified by Owner and Contractor or on their behalf.
This Agreement will be effective on
(which is the Effective Date of the Agreement).
NOTE TO USER
The Effective Date of the Agreement and the dates of any Construction
Performance Bond (EJCDC C-610) and Construction Payment Bond
(EJCDC C-615) should be the same, if possible. In no case may the date of
any bonds be earlier then the Effective Date of the Agreement.
OWNER:
CONTRACTOR
City of Webster
G.W. Phillips Concrete Construction, Inc.
By:
By:
Title:
Title: President
(If Contractor is a corporation, a partnership,
or a joint venture, attach evidence of authority
to sign.)
Attest:
Attest:
Title:
Title:
Address for giving notices:
101 Pennsylvania
Address for giving notices:
117 Oates Road
Webster, TX 77598
Houston, TX 77013
George W. Phillips, III
License No.:
(If Owner is a corporation, attach evidence
of authority to sign. If Owner is a public body,
attach evidence of authority to sign and resolution
or other documents authorizing execution
of this Agreement.)
(Where applicable)
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 7 of 9
EXHIBIT A
$400,351.00 * error
found and corrected by
KSA
$393,176.00 * error
found and corrected by
KSA
Item 12
CITY COUNCIL
AGENDA
CITY COUNCIL MEETING
DATE: January 6, 2015
AGENDA ITEM: Consideration/Action to adopt an ordinance setting the speed limit along Brad
Court. The proposed new speed limit would be 15 mph in lieu of the prima facie 30 mph speed
limit that currently exists on Brad Court.
PURPOSE STATEMENT: The purpose of this item is to set the speed limit on Brad Court at
15 mph.
SUMMARY/BACKGROUND (WHY): Currently, there is no posted speed limit for Brad
Court; therefore, the prima facie speed of 30 mph prevails. In November 2014, the City of
Webster conducted a speed study on Brad Court. Based on the results of the speed study, it was
determined that the street speed limit needs to be established at 15 mph.
STAFF RECOMMENDATIONS: Staff recommends adopting an ordinance establishing a
speed limit of 15 mph on Brad Court to replace the prima facie speed limit that currently exists.
_________________________________________________________________________________________
EXPENDITURE:
FUNDING SOURCE:
AMOUNT BUDGETED:
FINANCE DEPT. APPROVAL:
PRIORITY/CAPITAL IMPROVEMENT PROGRAM:
YES ___
PREPARED BY: David Glasco, Manager, Engineering and Construction
APPROVAL BY DEPT. DIRECTOR: Shannon Hicks, Director of Public Works
APPROVAL BY CITY MANAGER: _____________________________
ATTACHMENTS:
Proposed Ordinance
Brad Court Speed Study
NO
√
FIRST READING
ORDINANCE NO. 15- ______
AN ORDINANCE OF WEBSTER, TEXAS, ALTERING THE PRIMA
FACIE SPEED LIMIT ESTABLISHED FOR VEHICLES UNDER
THE PROVISIONS OF § 545.356, TEXAS TRANSPORTATION
CODE, ON BRAD COURT, THE SPEED LIMIT SHALL BE 15 MPH;
UPON THE BASIS OF AN ENGINEERING AND TRAFFIC
INVESTIGATION, WITHIN THE CORPORATE LIMITS OF THE
CITY OF WEBSTER, AS SET FORTH IN THIS ORDINANCE;
AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING
CONFLICTING ORDINANCES, CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A PENALTY FOR EACH VIOLATION
THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
WHEREAS, §545.356 of the Texas Transportation Code provides that whenever
the governing body of the City shall determine that any prima facie speed therein set
forth is greater or less than is reasonable or safe under the conditions found to exist at any
intersection or other place or upon any part of a street or highway within the City, taking
into consideration the width and condition of the pavement and other circumstances on
such portion of said street or highway, as well as the usual traffic thereon, said governing
body may determine and declare a reasonable and safe prima facie speed limit thereat or
thereon by the passage of an ordinance, which shall be effective when appropriate signs
giving notice thereof are erected at such intersection or other place or part of the street or
highway;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEBSTER, TEXAS:
Section 1: Upon the basis of an engineering and traffic investigation heretofore made as
authorized by the provisions of § 545.356, Texas Transportation Code, the following
prima facie speed limits hereafter indicated for vehicles are hereby determined and
declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of
speed indicated for vehicles traveling upon the named streets and highways, or parts
thereof, described as follows:
ALONG BRAD COURT, IN ITS ENTIRETY, WESTBOUND AND
EASTBOUND, FROM ITS INTERSECTION WITH WALNUT STREET, THE
SPEED LIMIT SHALL BE 15 MPH.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this ordinance shall be cumulative
of other ordinances regulating and governing the subject matter covered by this
ordinance.
Section 3: If any provisions, section, exception, subsection, paragraph, sentence, clause
or phrase of this ordinance or the application of the same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such
invalidity shall not affect the validity of the remaining provisions of this ordinance or
their application to other persons or sets of circumstances and to this end all provisions of
this ordinance are declared to be severable.
Section 4: Any person who shall violate any provision of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than
One and No/100 Dollar ($1.00) nor more than Two Hundred and No/100 Dollars
($200.00), as provided in Texas Transportation Code§ 542.404.
Section 5: This Ordinance shall become effective after its approval and adoption upon
second and final reading and its publication pursuant to law.
Passed and Approved on first reading this _______day of January 2015.
Passed, Approved, and Adopted on second and final reading this _______ day of
_______________ 2015.
CITY OF WEBSTER
_____________________________
Donna Rogers, Mayor
ATTEST:
______________________________
Pauline Small, City Secretary
Item 13
CITY COUNCIL
AGENDA
CITY COUNCIL MEETING
DATE: January 6, 2015
AGENDA ITEM: Consideration/Action to approve the purchase of seven dual-band radio
consolettes, sixteen multi-band portable radios, fifteen multi-band mobile radios, and various
accessories from Motorola Solutions, Inc. in the amount of $194,199.37 using 2014 UASI LETPA
funds.
PURPOSE STATEMENT: Grant funds can be used to purchase these items that would otherwise
be acquired in the future with General Fund money.
SUMMARY/BACKGROUND (WHY):
The City has been awarded a 2014 Urban Areas Security Initiative (UASI) Law Enforcement
Terrorism Prevention Activities (LETPA) grant in the amount of $200,000.00. This specialized
form of UASI grant is directly related to the prevention of terrorism. These funds will pay for seven
dual-band radio consolettes used for dispatching, sixteen multi-band portable radios, fifteen multiband mobile radios, and various accessories from Motorola Solutions, Inc. All of the radios will be
used by the Police Department. The $194,199.37 cost is reimbursable by the Federal government
via the State of Texas Department of Public Safety. There is no City match.
The $5,800.63 of remaining grant funds will pay for three vehicular modems that will facilitate
communication through the Harris County broadband wireless network for public safety. These
items are currently being reviewed by the State. Once approved, the City will move forward with
the acquisition of the modems.
STAFF RECOMMENDATIONS: Staff recommends approval of the purchase of seven dual-band
radio consolettes, sixteen multi-band portable radios, fifteen multi-band mobile radios, and various
accessories from Motorola Solutions, Inc. in the amount of $194,199.37 using 2014 UASI LETPA
funds.
EXPENDITURE: $194,199.37
FUNDING SOURCE: 042-82601-01-3902 Grant Fund
AMOUNT BUDGETED: $200,000.00 FINANCE DEPT. APPROVAL: Wm. Michael Rodgers, CPA
PRIORITY/CAPITAL IMPROVEMENT PROGRAM:
YES _X__
PREPARED BY: Wm. Michael Rodgers, CPA
APPROVAL BY DEPT. DIRECTOR: Wm. Michael Rodgers, CPA
APPROVAL BY CITY MANAGER: _____________________________
ATTACHMENTS:
Motorola Solutions, Inc. equipment list
NO ___
Interoperable Communications Review Form - Equipment
Project's Name / Location:
Subgrantee Name:
Vendor
Vendor Contact Name:
0
Vendor Phone #:
City of Webster
Motorola Solutions, Inc
Vendor eMail:
Ben Zotyka
(832)657-5086
[email protected]
Equipment Cost Total:
Line
#
Make/Manufacturer
Model #
Description (plain language)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
21
22
23
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
L30URS9PW1 N
APX7500 DUAL BAND 700/800/VHF
CA01598
ADD: AC LINE CORD US
G361
ADD: P25 TRUNKING SOFTWARE
24
25
26
27
28
29
30
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
H97TGD9PW1 N
APX7000 DIGITAL PORTABLE RADIO
QA00569
ADD: 7/800MHZ PRIMARY BAND
QA00574
ADD: VHF SECONDARY BAND
QA00579
ADD: ENABLE DUAL BAND OPERATION
QA00577
ADD: LARGE COLOR DISPLAY
G51
ENH: SMARTZONE OPERATION APX
G806
ENH: ASTRO DIGITAL CAI OP APX
GA00306
ADD: VHF MP SECONDARY BAND
GA00579
ADD: ENABLE DUAL BAND OPERATION
G996
ENH: OVER THE AIR PROVISIONING
G78
ENH: 3 YR REPAIR SERVICE ADVANTAGE
GA00244
ADD: 7/800MHZ PRIMARY BAND
GA00469
ENH: EXTENDED DISPATCH APX CONSOLETTE
L999
ADD: FULL FP W/05/KEYPAD/CLOCK/VU
QA01648
ADD: ADVANCED SYSTEM KEY - HARDWARE KEY
G90
ADD: NO MICROPHONE NEEDED
G843
ADD: AES ENCRYPTION APX
GA00580
ADD: TDMA OPERATION
GA01767
APX MOBILE RADIO AUTHENTICATION
DSTWIN6328A
G298
ADD: FOOTPEDAL SWITCH
G843
ADD: AES ENCRYPTION APX
ADD: ENCRYPTION P25 & MDC OTAR
Q806
ADD: ASTRO DIGITAL CAI OPERATION
H38
ADD: SMARTZONE OPERATION
P25
(Y/N)
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
A
B
C
Qty
Original Unit
Price
Discount %
$ 194,199.37
D
(B x C = D)
E
(A x D = E)
Discounted
Unit Price
Final Price
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
7
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
5,425.55 contract price
0%
0%
0%
0%
0%
750.00
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
500.00
0%
0%
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
16
16
16
16
16
16
16
$
$
$
$
$
$
$
4,740.12 contract price $
0%
0%
0%
0%
0%
0%
5,425.55
750.00
500.00
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
37,978.85
5,250.00
3,500.00
-
4,740.12 $
$
$
$
$
$
$
75,841.92
-
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Q361
ADD: P25 9600 BAUD TRUNKING
QA00580
ADD: TDMA OPERATION
G996
ADD: PROGRAMMING OVER P25 (OTAP)
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Motorola
Q947
ADD: RADIO PACKET DATA
QA01648
ADD: ADVANCED SYSTEM KEY - HARDWARE KEY 01A7
QA01767
ADD: APX 7000 RADIO AUTHENTICATION
Q887
ADD:4 YR REPAIR SERVICE ADVANTAGE
QA00583
ENH: BLUETOOTH ACTIVATION
QA00782
ENH: GPS ACTIVATION
Q629
ENH: AES ENCRYPTION
Q498
ENH: MDC & ASTRO P25 OTAR W/ MULTIKEY
NNTN7038A
IMPRES LiIon 2900mAh Submersible (IP67) Battery
WPLN7080
IMPRES Single Unit Charger
PMMN4069
IMPRES RSM, 3.5mm Jack, IP55
M25URS9PW1 N
APX6500 7/800 MHZ MID POWER MOBILE
G806
ENH: ASTRO DIGITAL CAI OP APX
G51
ENH: SMARTZONE OPERATION APX6500
QA01648
ADD: ADVANCED SYSTEM KEY - HARDWARE KEY 01A7
G361
ADD: P25 TRUNKING SOFTWARE
G442
ADD: APX O5 CONTROL HEAD
G444
ADD: CONTROL HEAD SOFTWARE
G67
ADD: REMOTE MOUNT MID POWER
G174
ADD: ANT 3DB LOW-PROFILE 762-870
B18
ADD: AUXILARY SPKR 7.5 WATT
W947
ADD: RS232 PACKET DATA INTERFACE
G996
ENH: OVER THE AIR PROVISIONING
G24
ENH: 2 YR REPAIR SERVICE ADVANTAGE (Total of 3 years)
GA00580
ADD: TDMA OPERATION
GA01767
ADD: APX6500 RADIO AUTHENTICATION
W22
ADD: PALM MICROPHONE
G298
ADD: ENCRYPTION P25 & MDC OTAR
G843
ADD: AES ENCRYPTION APX
Insert Rows above as needed.
16
16
16
16
16
16
16
16
16
16
16
24
16
16
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
$
$
$
$
$
$
$
$
$
$
$
162.00
125.00
90.00
500.00
-
$
99.75
$
88.75
$
78.10
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
2,874.20 contract price
0%
0%
0%
0%
0%
0%
128.00
0%
0%
0%
0%
0%
0%
0%
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0%
500.00
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0%
$
$
$
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$
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$
$
$
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$
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$
$
162.00 $
125.00 $
90.00 $
500.00 $
$
99.75 $
88.75 $
78.10 $
2,874.20
128.00
500.00
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
2,592.00
2,000.00
1,440.00
8,000.00
2,394.00
1,420.00
1,249.60
43,113.00
1,920.00
7,500.00
-
$ 194,199.37
Item 14
CITY COUNCIL
AGENDA
MINUTES
City Council Regular Meeting
101 Pennsylvania, Webster, Texas
December 2, 2014
6:00 P.M.
1.
Call to Order.
Mayor Donna Rogers called the meeting to order at 6:00 p.m.
2.
Invocation and Pledge of Allegiance.
Mayor Rogers gave the Invocation and led the Pledge of Allegiance.
3.
Roll Call and Certification of a Quorum.
City Secretary Pauline Small called the roll and certified a quorum. Present were Mayor
Donna Rogers, Councilmembers Diana Newland, Alexandra Dietrich, Larry Tosto,
Natalie Dolan, and Martin Graves. Councilmember Doug North was absent. Others
present were City Manager Wayne Sabo, Director of Finance and Administration Mike
Rodgers, Director of Community Development Derhyl Hebert, Police Chief Danny
Presley, Fire Chief Patrick Shipp, Director of Economic Development Betsy Giusto and
City Attorney Chris Gregg.
4.
Proclamations and Special Recognitions.
There were none.
5.
Requests or Petitions from the Public.
There were none.
OLD BUSINESS
6.
CONSIDERATION/ACTION to adopt an ordinance of which the caption reads:
AN ORDINANCE OF THE CITY OF WEBSTER, TEXAS, AMENDING
VARIOUS ARTICLES AND SECTIONS OF CHAPTER 18 OF THE
CODE OF ORDINANCES OF THE CITY OF WEBSTER, KNOWN AS
“BUILDING AND BUILDING REGULATIONS,” BY AMENDING,
ADDING, OR DELETING SPECIFIC PROVISIONS AND WORDING
CONTAINED THEREIN; CONTAINING A SAVINGS CLAUSE;
REPEALING INCONSISTENT ORDINANCES; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
This is the SECOND of two readings. (Updating Various International Codes)
City Attorney Chris Gregg read the caption of the propose ordinance.
Councilmember Dolan moved to approve the second reading of the proposed ordinance as
captioned. Councilmember Dietrich seconded the motion.
City of Webster City Council Meeting Minutes
December 2, 2014
AYES: Rogers, Newland, Dietrich, Tosto, Dolan, Graves.
NOES: None.
The motion carried. Ordinance No. 14-15 is adopted.
NEW BUSINESS
7.
CONSIDERATION/ACTION to adopt an ordinance of which the caption reads:
AN ORDINANCE OF THE CITY OF WEBSTER AMENDING THE
CODE OF ORDINANCES, SIGNS ORDINANCE, CHAPTER 66;
ARTICLES I (IN GENERAL), ARTICLE II (ADMINISTRATION AND
ENFORCEMENT) & ARTICLE III (REGULATIONS); REPEALING
INCONSISTENT ORDINANCES; CONTAINING A SAVINGS CLAUSE;
AND PROVIDNG FOR THE EFFECTIVE DATE THEREOF.
This is the FIRST of two readings.
City Attorney Chris Gregg read the caption of the proposed ordinance.
City Planner Evan DuVall gave an overview of the proposed changes. He stated the purpose
of this item is to resolve inconsistencies found in the Sign Ordinance and to add temporary
business signs for large roadway projects such as the I-45 expansion.
Council discussed the maximum square footage of signs. Building Official Erich Pen gave a
history overview of the square footage requirements for signs.
Councilmember Dolan moved to approve the first reading of the proposed ordinance as
captioned. Councilmember Tosto seconded the motion.
AYES: Rogers, Newland, Dietrich, Tosto, Dolan, Graves.
NOES: None.
The motion carried.
8.
CONSIDERATION/ACTION to adopt an ordinance of which the caption reads:
AN ORDINANCE OF THE CITY OF WEBSTER TO DESIGNATE “NO
PARKING” CURB ZONES FROM 7:15 AM TO 8:30 AM AND 3:00 PM
TO 4:00 PM ON PORTIONS OF WALNUT STREET INCLUDING THE
WEST SIDE OF WALNUT STREET, APPROXIMATELY FROM
MAGNOLIA AVENUE TO NASA PARKWAY AND THE EAST SIDE OF
WALNUT, APPROXIMATELY FROM PENNSYLVANIA STREET TO
MAGNOLIA AVENUE; REPEALING ORDINANCE #122076-A AND
OTHER ORDINANCES IN CONFLICT; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION
THEREOF; AND PROVIDNG FOR THE EFFECTIVE DATE
THEREOF.
This is the FIRST of two readings.
City Attorney Chris Gregg read the caption of the proposed ordinance.
2
City of Webster City Council Meeting Minutes
December 2, 2014
City Planner Evan DuVall gave an overview. He stated the purpose of this agenda item is to
realign the “no parking” zones adjacent to McWhirter Elementary School and Clear View
High School to better augment public schools hours.
Councilmember Dolan moved to approve the first reading of the proposed ordinance as
captioned. Councilmember Graves seconded the motion.
AYES: Rogers, Newland, Dietrich, Tosto, Dolan, Graves.
NOES: None.
The motion carried.
9.
CONSIDERATION/ACTION to adopt a resolution of which the caption reads:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEBSTER, TEXAS, AMENDING CERTAIN CHARGES FOR
MISCELLANEOUS FEES WITHIN THE CITY, INCLUDING FEE
SCHEDULE SECTION 3-ANIMAL AND FOWL CONTROL, SECTION
4-CONSTRUCTION PERMITS PLANNING AND BUILDING, SECTION
5-FIRE PERMIT FEES, SECTION 18-UTILITY FEES AND CHARGES,
SECTION 21-PARKS AND RECREATION FEES AND COSTS, AND
SECTION 24-COPY FEE; REPEALING OTHER FEE SCHEDULES
PERTAINING TO THOSE FEES HERETOFORE ADOPTED BY
RESOLUTION OR MOTION OF THE CITY COUNCIL; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Chris Gregg read the caption of the proposed resolution.
Director of Finance and Administration Mike Rodgers gave an overview of the proposed fee
changes.
Council questioned if the customer received notice of the amount of tap fees in advance. Mr.
Sabo stated that the exact cost of the tap fee is related to the customer prior to installation.
Discussion followed regarding construction permit fees. Building Official Pen stated that
there were no changes in fees, only listing them and omitting outdated reference to the
Standard Building Code. Council questioned the deletion of tag fees for pets. Assistant
Director of Public Works John Warnement stated this was an effort to protect public safety
by encouraging everyone to license their pets, since there would be no cost.
Councilmember Dolan moved to approve the resolution as captioned.
Graves seconded the motion.
AYES: Rogers, Newland, Dietrich, Tosto, Dolan, Graves.
NOES: None.
The motion carried. Resolution No. 14-21 is adopted.
3
Councilmember
City of Webster City Council Meeting Minutes
December 2, 2014
10.
CONSIDERATION/ACTION to adopt a resolution of which the caption reads:
A RESOLUTION OF THE CITY OF WEBSTER, TEXAS ADOPTING
ADMINISTRATIVE DIRECTIVES REGULATING THE TIME, PLACE,
AND MANNER OF CERTAIN POLITICAL SIGNS USED FOR
ELECTIONEERING ON PUBLIC PROPERTY; PROVIDING FOR AN
EFFECTIVE DATE.
City Attorney Chris Gregg read the caption of the proposed resolution.
City Secretary Pauline Small gave an overview. She stated the Texas Legislature in the
83rd Legislative Session enacted House Bill 259 which provides that a public entity that
owns or controls a public building being used as a polling place may not; at any time during
the voting period prohibit electioneering on the building’s premises outside of the 100 foot
prohibited electioneering area. She stated that the current Directives in the form of a
resolution are revised to comply with the current legislation. As in the past, no political
signs are allowed at the Police Station, Fire Station, City Parks or Recreational Facilities,
and City Utility or Public Works Facilities. Ms. Small is requesting to adopt these
directives by council resolution for consistency and tracking ability. This resolution only
applies to city owned properties.
Councilmember Dietrich moved to approve the proposed resolution as captioned.
Councilmember Dolan seconded the motion.
AYES: Rogers, Newland, Dietrich, Tosto, Dolan, Graves.
NOES: None.
The motion carried. Resolution No. 14-22 is adopted.
11.
CONSIDERATION/ACTION to adopt a resolution of which the caption reads:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEBSTER, TEXAS, SUPPORTING THE SUBMITTAL OF THE NORTH
LANDING BOULEVARD/NASA ROAD 1 BYPASS EXTENSION, AS A
JOINT SPONSOR WITH LEAGUE CITY, TO THE HOUSTONGALVESTON
AREA
COUNCIL’S
TRANSPORTATION
IMPROVEMENT PROGRAM 2015 CALL FOR PROJECTS.
City Attorney Chris Gregg read the caption of the proposed resolution.
Economic Development Specialist Karen Coglianese gave an overview. She stated that
Staff recommends adopting the Resolution supporting the submittal of the North Landing
Boulevard/NASA Road 1 Bypass Extension to HGAC Transportation Improvement
Program’s 2015 Call for Projects.
Councilmember Dietrich moved to approve the proposed resolution as captioned.
Councilmember Newland seconded the motion.
AYES: Rogers, Newland, Dietrich, Tosto, Dolan, Graves.
NOES: None.
The motion carried. Resolution No. 14-23 is adopted.
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City of Webster City Council Meeting Minutes
December 2, 2014
12.
CONSIDERATION/ACTION to appoint a Chairman of the Board of Directors of the
City of Webster Tax Increment Reinvestment Zone No. 1 (TIRZ) for a term ending
January 1, 2016.
Mayor Rogers read the caption.
Councilmember Dietrich moved to appoint Donna Rogers by acclamation, Chairman of the
Board of Directors of the City of Webster Tax Increment Reinvestment Zone No. 1 (TIRZ)
for a term ending January 1, 2016. Councilmember Tosto seconded the motion.
AYES: Rogers, Newland, Dietrich, Tosto, Dolan, Graves.
NOES: None.
The motion carried.
13.
CONSIDERATION/ACTION to cancel the second scheduled City Council Meeting for
December 16, 2014.
Mayor Rogers read the caption.
Councilmember Dolan moved to approve this item as captioned. Councilmember Dietrich
seconded the motion.
AYES: Rogers, Newland, Dietrich, Tosto, Dolan, Graves.
NOES: None.
The motion carried.
14.
CONSIDERATION/ACTION to approve the Mayor and City Council’s annual cost of
living stipend.
Mayor Rogers read the caption.
Director of Finance and Administration Mike Rodgers gave an overview. He stated data
extracted on October 31, 2014 shows the 12-month change (CPI-U) to be 2.6 percent.
Although a 5 percent increase was budgeted for FY 2014-15, the City Charter limits any pay
increase to the CPI amount.
Councilmember Tosto moved to approve a 2.6 percent increase to the Mayor and City
Council’s annual cost of living stipend. Councilmember Dolan seconded the motion.
AYES: Rogers, Dietrich, Tosto, Dolan.
NOES: Newland, Graves.
The motion carried.
15.
CONSIDERATION/ACTION to authorize the City to sell three surplus police vehicles
complete with all emergency equipment, radios, MCT’s, radars, and other aftermarket
equipment to Liberty County for $5,000.00 each, for a total of $15,000.00.
Mayor Rogers read the caption.
5
City of Webster City Council Meeting Minutes
December 2, 2014
Police Chief Danny Presley gave an overview. He stated this will be the fourth time that we
have sold surplus vehicles to Liberty County.
Councilmember Tosto moved to approve this item as captioned. Councilmember Dietrich
seconded the motion.
AYES: Rogers, Newland, Dietrich, Tosto, Dolan, Graves.
NOES: None.
The motion carried.
16.
CONSIDERATION/ACTION to approve the minutes:
●Regular Meeting of November 4, 2014.
Mayor Rogers read the caption.
Councilmember Dolan moved to approve this item as captioned. Councilmember Newland
seconded the motion.
AYES: Rogers, Newland, Dietrich, Tosto, Dolan, Graves.
NOES: None.
The motion carried.
17.
Excused Absences.
Mayor Rogers read the caption.
Councilmember Newland moved to excuse the absence of Doug North. Councilmember
Dietrich seconded the motion.
AYES: Rogers, Newland, Dietrich, Tosto, Dolan.
NOES: Graves.
The motion carried.
18.
Agenda Requests from Councilmembers.
Councilmember Dietrich asked to bring back an agenda item discussion for video
streaming and conferencing.
Councilmember Tosto requested a report from the City Manager regarding training
devices for police officers.
19.
Reports or Requests from the City Manager.
●Calendar of Events
City Manager Sabo reminded Council of the Council Special Meeting on December 3,
the Orion launch on December 4, and the Senior Christmas Luncheon on December 11.
20.
Adjournment.
There being no further business, Mayor Rogers adjourned the meeting at 6:38 p.m.
6
City of Webster City Council Meeting Minutes
December 2, 2014
Passed, Approved and Adopted this the 6th day of January 2015.
____________________________
Donna Rogers, Mayor
ATTEST:
____________________________
Pauline Small, TRMC, MMC
City Secretary
7