AGENDA - COUNCIL MEETING - TUESDAY - APRIL 9, 2013 - 1:30 P. M.

COUNCIL CHAMBER - SECOND FLOOR - CITY HALL

901 BAGBY - HOUSTON, TEXAS

 

 

INVOCATION AND PLEDGE OF ALLEGIANCE - Council Member Rodriguez

 

 

 

1:30 P. M. - ROLL CALL

 

 

 

ADOPT MINUTES OF PREVIOUS MEETING

 

 

 

2:00 P. M. - PUBLIC SPEAKERS - Pursuant to City Council Rule 8, City Council will hear from members of the public; the names and subject matters of persons who had requested to speak at the time of posting of this Agenda are attached; the names and subject matters of persons who subsequently request to speak may be obtained in the City Secretary’s Office

NOTE: If a translator is required, please advise when reserving time to speak

 

 

5:00 P. M. - RECESS

 

RECONVENE

 

 

WEDNESDAY - APRIL 10, 2013 - 9:00 A. M.

 

 

DESCRIPTIONS OR CAPTIONS OF AGENDA ITEMS WILL BE READ BY THE CITY SECRETARY PRIOR TO COMMENCEMENT

 

 

HEARINGS - 9:00 A.M.

 

1.    PUBLIC HEARING on proposals for the City of Houston to enter into separate Strategic Partnership Agreements with the below named Districts in Harris County, Fort Bend County and Montgomery County; on separate proposals by the City of Houston to annex for limited purposes certain territory within said Districts; and on separate proposals by the City of Houston to annex for limited purposes certain territory in the vicinity of certain Districts:

1.    Harris County Municipal Utility District No. 120

2.    Fort Bend County Municipal Utility District No. 194

3.    White Oak Bend Municipal Utility District

4.    Cinco Municipal Utility District No. 12

5.    Harris County Municipal Utility District No. 345

6.    Cornerstones Municipal Utility District

7.    Harris County Water Control and Improvement District No. 109

8.    Northwest Harris County Municipal Utility District No. 5

9.    Dowdell Municipal Utility District

 

2.    PUBLIC HEARING regarding the designation of a TAX ABATEMENT REINVESTMENT ZONE for CYRUS ONE, LLP (CYRUS ONE ZONE) - DISTRICT A - BROWN

 

3.    PUBLIC HEARING to consider amendments to Chapter 42 of the Code of Ordinances, including portions of Article I, Article II (Divisions 1, 2 and 3) and Article III (Divisions 1, 2, 3, 4, 7 and 8)


 

 

MAYOR’S REPORT

 

 

CONSENT AGENDA NUMBERS 4 through 34     

 

 

MISCELLANEOUS - NUMBER 4  

 

4.    REQUEST from Mayor for confirmation of the appointment or reappointment of the following individuals to the REINVESTMENT ZONE NUMBER FIVE, CITY OF HOUSTON, TEXAS (MEMORIAL HEIGHTS ZONE) BOARD OF DIRECTORS:

               Position One     -  J. ANDREW MACPHILLIMY, appointment, for a term to expire 12/31/2014

               Position Two     -  ANN LENTS, reappointment, for a term to expire 12/31/2013, and appointment to serve as Chair, for a term to expire

                                             12/31/2013

               Position Three  -  BRYAN BROWN, reappointment, for a term to expire 12/31/2014

               Position Five     -  ALEJANDRO COLOM, reappointment, for a term to expire 12/31/2014

 

ACCEPT WORK - NUMBERS 5 through 8  

 

5.    RECOMMENDATION from Director General Services Department for approval of final contract amount of $143,851.00 and acceptance of work on contract with TRI-POINT CONSTRUCTION SERVICES INCORPORATED for Edgewood Park Gym Demolition - 6.93% over the original contract amount and under the 10% contingency - DISTRICT D - ADAMS

 

6.    RECOMMENDATION from Director Department of Public Works & Engineering for approval of final contract amount of $765,370.70 and acceptance of work on contract with TIKON GROUP, INC for Safe Sidewalk Project - 1.58% over the original contract amount and under the 5% contingency - DISTRICTS D - ADAMS and I - RODRIGUEZ

 

7.    RECOMMENDATION from Director Department of Public Works & Engineering for approval of final contract amount of $1,364,709.50 and acceptance of work on contract with INDUSTRIAL TX CORP. for Bissonnet No. 2 and Belle Park No. 3 Lift Station Replacement - 7.68% under the original contract amount - DISTRICTS F - HOANG and J - LASTER

 

8.    RECOMMENDATION from Director Department of Public Works & Engineering for approval of final contract amount of $2,318,337.71 and acceptance of work on contract with DCE CONSTRUCTION, INC for Water Line Replacement in Janowski Area - 1.82% under the original contract amount - DISTRICT H - GONZALEZ

 

PROPERTY - NUMBER 9   

 

9.    RECOMMENDATION from Director Department of Public Works & Engineering, reviewed and approved by the Joint Referral Committee, on request from David Hulsey, on behalf of Bulmaro Espinoza and L. McBride, declining the acceptance of, rejecting, and refusing the dedication of Charles Street, from Stabler Lane west to its terminus, located within the Mixon Place Subdivision, out of the H.&T.C.R.R. Survey, A-1016, Parcel SY13-004 - DISTRICT H ‑ GONZALEZ

 

PURCHASING AND TABULATION OF BIDS - NUMBER 10  

 

10.  CALDWELL AUTOMOTIVE PARTNERS, LLC d/b/a CALDWELL COUNTRY FORD for Medium-Duty Cab & Chassis and Aerial Bucket Lift Truck Body for the Department of Public Works & Engineering - $72,745.00 - Enterprise Fund  


 

RESOLUTIONS AND ORDINANCES - NUMBERS 11 through 34  

 

11.  RESOLUTION declaring members of the Technical Advisory Group of Houston Forensic Science LGC, Inc, to be “covered persons” within the meaning of Chapter 2, Article X, of the Code of Ordinances, City of Houston, Texas

 

12.  ORDINANCE AMENDING SECTION 39-2 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, relating to disturbing or removing contents of garbage containers; containing other provisions relating to the foregoing subject; providing for severability

 

13.  ORDINANCE supplementing the City of Houston, Texas Combined Utility System Master Ordinance; providing for the issuance of Combined Utility System First Lien Revenue and Refunding Bonds, Series 2013B in one or more series or subseries as may be further designated; authorizing the Mayor and City Controller to approve the amounts, interest rates, prices, and terms thereof and certain other matters relating thereto; providing for the payment thereof; making other provisions regarding such bonds including the use of a Preliminary Official Statement and authorizing the preparation and distribution of an Official Statement and matters incident thereto; awarding the sale of the bonds; authorizing the defeasance, final payment, and discharge of Certain Outstanding Combined Utility System Commercial Paper Notes; authorizing the execution and delivery of an Escrow Agreement; authorizing the purchase of and subscription for Certain Escrowed Securities; authorizing Escrow Verification and engagement of an Escrow Agent; authorizing a Co-Bond Counsel Agreement and a Special Disclosure Co-Counsel Agreement; authorizing the execution and delivery of a Paying Agent/Registrar Agreement, and other related documents; making other provisions regarding such bonds; and declaring emergency

 

14.  ORDINANCE continuing the City’s Juvenile Curfew Ordinance; containing findings and other provisions relating to the foregoing subject; providing for severability

 

15.  ORDINANCE approving and authorizing an agreement for Behavioral Surveillance Services between the City of Houston and THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON; establishing a maximum contract amount - $1,500,000.00 - Grant Fund

 

16.  ORDINANCE approving and authorizing contract between the City and the UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON for Tuberculosis Physician Services; providing a maximum contract amount - $78,000.00 - Grant Fund

 

17.  ORDINANCE approving and authorizing first amendment to contract between the City of Houston and AIDS COALITION OF COASTAL TEXAS, INC, to extend the original contract and provide an additional $322,060.00 in Housing Opportunities for Persons With AIDS Funds for the continuing administration of a Tenant-Based Rental Assistance and Short-Term Rent, Mortgage, and Utility Assistance Program, and the provision of supportive services

 

18.  ORDINANCE approving and authorizing agreement between the City of Houston and BERING OMEGA COMMUNITY SERVICES to provide a $1,100,000.00 grant of Federal Community Development Block Grant Funds for costs associated with the acquisition of property located at 2920 Fannin Street, Houston, Texas, to be used as the site for a community facility which will serve low- and moderate-income persons - DISTRICT D - ADAMS

 

19.  ORDINANCE appropriating $1,140,640.00 out of Equipment Acquisition Consolidated Fund for the purchase of Capital Equipment for the Houston Fire Department

 

20.  ORDINANCE appropriating $150,000.00 out of Equipment Acquisition Consolidated Fund for the Active Directory and Exchange Program (Approved by Ordinance No. 2012-0608)

 

21.  ORDINANCE approving and authorizing contract between the City of Houston and the HOUSTON PARKS BOARD for the provision and acceptance of Local Funds for the construction of projects funded by the US DOT Transportation Investment Generating Economic Recovery (TIGER) Grant (Approved by Ordinance No. 2011-912) - DISTRICTS A ‑ BROWN; C - COHEN; D - ADAMS; H ‑ GONZALEZ and I - RODRIGUEZ

 

22.  ORDINANCE approving and authorizing contract between the City of Houston and BUFFALO BAYOU PARTNERSHIP for the provision and acceptance of Local Funds for the construction of projects funded by the US DOT Transportation Investment Generating Economic Recovery (TIGER) Grant (Approved by Ordinance No. 2011-912) - DISTRICT I ‑ RODRIGUEZ

 

23.  ORDINANCE approving and authorizing contract between the City of Houston and the GREATER EAST END MANAGEMENT DISTRICT for the provision and acceptance of Local Funds for the design and construction of projects funded by the US DOT Transportation Investment Generating Economic Recovery (TIGER) Grant (Approved by Ordinance No. 2011-912) - DISTRICTS H ‑ GONZALEZ and I - RODRIGUEZ

 

24.  ORDINANCE awarding contract to SUPERIOR BUILDING SERVICES, INC for Window and Building Surface Cleaning Services for the Houston Airport System; providing a maximum contract amount - 3 Years with two one-year options - $1,060,664.45 - Enterprise Fund

 

25.  ORDINANCE approving and authorizing the Concession Agreement between the City of Houston and MARK LATIGUE dba MARK LATIGUE CATERING CO. for Operation of the Concession Services at the Houston Permitting Center - ($15,000.00 - Building Inspection Fund for build out)  Revenue - DISTRICT H ‑ GONZALEZ

 

26.  ORDINANCE consenting to the addition of 3.60 acres of land to HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 230, for inclusion in its district

 

27.  ORDINANCE consenting to the addition of 8.8557 acres of land to NORTHAMPTON MUNICIPAL UTILITY DISTRICT, for inclusion in its district

 

28.  ORDINANCE consenting to the addition of 12.949 acres of land to REMINGTON MUNICIPAL UTILITY DISTRICT NO. 1, OF HARRIS COUNTY, TEXAS, for inclusion in its district

 

29.  MUNICIPAL  Setting  Designation  Ordinance  prohibiting  the  use of  designated  groundwater beneath  a  tract  of  land  containing  an  aggregate  of  2.2587  acres  commonly  known  as 1600 / 1714 / 1716 / 1720  Memorial  Drive  and  1708  State  Street,  Houston,  Harris  County, Texas;  and  supporting  issuance of a Municipal Setting Designation by the Texas Commission on Environmental  Quality - DISTRICT H - GONZALEZ

 

30.  MUNICIPAL  Setting  Designation  Ordinance  prohibiting  the  use of  designated  groundwater beneath  a  tract  of  land  containing  1.931  acres  commonly  known  as  8600  Commerce Park Drive,  Houston,  Harris  County,  Texas;  and  supporting  issuance of a Municipal Setting Designation by the Texas Commission on Environmental  Quality - DISTRICT J - LASTER

 

31.  ORDINANCE appropriating $347,303.00 out of Street & Traffic Control & Storm Drainage DDSRF and approving and authorizing Professional Engineering Services Contract between  the City of Houston and DANNENBAUM ENGINEERING CORPORATION for Laura Koppe Road Paving & Drainage: Hirsch to Homestead; providing funding for contingencies relating to construction of facilities financed by the Street and Traffic Control & Storm Drainage DDSRF - DISTRICT B ‑ DAVIS

 

32.  ORDINANCE appropriating $1,515,500.00 out of Water & Sewer System Consolidated Construction Fund and approving and authorizing Professional Engineering Services Contract  between the City of Houston and GUPTA & ASSOCIATES, INC for Southwest Wastewater Treatment Plant Improvements (Package 3); providing funding for CIP Cost Recovery relating to construction of facilities financed by the Water & Sewer System Consolidated Construction Fund  DISTRICT C - COHEN

 

33.  ORDINANCE appropriating $345,000.00 out of Water & Sewer System Consolidated Construction Fund as an additional appropriation to Professional Engineering Services Contract between the City of Houston and JONES & CARTER, INC for the Design of On-Call Water Facility Projects (Approved by Ordinance No. 2009-0308); providing funding for CIP Cost Recovery relating to construction of facilities financed by Water & Sewer System Consolidated Construction Fund

 

34.  ORDINANCE appropriating $2,585,500.00 out of Water & Sewer System Consolidated Construction Fund and approving and authorizing Professional Engineering Services Contract between the City of Houston and CDM SMITH, INC for Engineering Services associated with the Replacement and Rehabilitation of Valves, Control Devices and Rapid Mixers at Plants 1, 2 & 3 at the East Water Purification Plant; providing funding for CIP Cost Recovery relating to construction of facilities financed by the Water & Sewer System Consolidated Construction Fund - DISTRICT E ‑ MARTIN

 

 

 

END OF CONSENT AGENDA

 

 

 

CONSIDERATION OF MATTERS REMOVED FROM THE CONSENT AGENDA

 

 

 

NON CONSENT AGENDA - NUMBER 35   

 

MISCELLANEOUS

 

35.  SET A PUBLIC HEARING DATE regarding the fourth amendment to the Project Plan and Reinvestment Zone Financing Plan for REINVESTMENT ZONE NUMBER SIXTEEN (UPTOWN ZONE) - DISTRICTS C - COHEN; G - PENNINGTON and J - LASTER

HEARING DATE - 9:00 A.M. - WEDNESDAY - APRIL 24, 2013

 

 

MATTERS HELD - NUMBERS 36 through 39  

 

36.  ORDINANCE AMENDING CHAPTER 47 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, relating to City water service and water service charges; containing other provisions relating to the foregoing subject; providing for severability

TAGGED BY COUNCIL MEMBERS COHEN and BRADFORD

This was Item 9 on Agenda of April 3, 2013

 

37.  ORDINANCE authorizing the issuance of the City of Houston, Texas Qualified Energy Conservation Tax Notes (QECB Direct Pay to Issuer), Series 2013Q; authorizing the Mayor, City Controller and/or certain other designated City Officials to approve the sale, principal amount, interest rates, prices and terms thereof; authorizing and approving a Purchase Contract, Paying Agent/Registrar Agreement and other related Documents; approving the use of a Preliminary Official Statement and authorizing the preparation and distribution of an Official Statement in connection with such offerings; ratifying the designation of Bond Counsel and Special Disclosure Counsel; making certain findings and other provisions regarding such notes and matters incident thereto; and declaring an emergency

TAGGED BY COUNCIL MEMBER PENNINGTON

This was Item 12 on Agenda of April 3, 2013

 

38.  ORDINANCE pursuant to and implementing the provisions of Ordinance No. 2012-685, appropriating $1,800,000.00 of Section 108 HUD-Guaranteed Loan Funds; allocating $5,550,000.00 of EDI Grant Funds; approving and authorizing the issuance of non-recourse City of Houston notes in the amount of $1,800,000.00, a contract for loan guarantee assistance and related loan documents between the City of Houston and the UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT and a Loan Agreement and related documents between the City of Houston and 806 MAIN, LLC to provide a $7,350,000.00 Second Lien Loan to finance acquisition, furniture and equipment costs related to the redevelopment of the building located at 806 Main Street, Houston, Texas - DISTRICT I ‑ RODRIGUEZ

TAGGED BY COUNCIL MEMBER BROWN

This was Item 14 on Agenda of April 3, 2013

 

39.  ORDINANCE approving and authorizing Revenue Contract between the City of Houston and ELEMENT MARKETS, LLC for Emission Credit Brokerage Services for the Public Works & Engineering Department

TAGGED BY COUNCIL MEMBER BROWN

This was Item 17 on Agenda of April 3, 2013

 

 

 

 

MATTERS TO BE PRESENTED BY COUNCIL MEMBERS - Council Member Davis first

 

 

 

 

ALL ORDINANCES ARE TO BE CONSIDERED ON AN EMERGENCY BASIS AND TO BE PASSED ON ONE READING UNLESS OTHERWISE NOTED, ARTICLE VII, SECTION 7, CITY CHARTER

 

 

 

NOTE - WHENEVER ANY AGENDA ITEM, WHETHER OR NOT ON THE CONSENT AGENDA, IS

      NOT READY FOR COUNCIL ACTION AT THE TIME IT IS REACHED ON THE AGENDA, THAT ITEM SHALL BE PLACED AT THE END OF THE AGENDA FOR ACTION BY COUNCIL WHEN ALL OTHER AGENDA ITEMS HAVE BEEN CONSIDERED

 

      CITY COUNCIL RESERVES THE RIGHT TO TAKE UP AGENDA ITEMS OUT OF THE ORDER IN WHICH THEY ARE POSTED IN THIS AGENDA.  ALSO, AN ITEM THAT HAS BEEN TAGGED UNDER CITY COUNCIL RULE 4 (HOUSTON CITY CODE §2-2) OR DELAYED TO ANOTHER DAY MAY BE NEVERTHELESS CONSIDERED LATER AT THE SAME CITY COUNCIL MEETING


 

 

 

 

 

 

NOTICE OF MEETING

OF THE

CITY COUNCIL OF THE CITY OF HOUSTON

 

 

            NOTICE is hereby given that a Regular Meeting of the City Council of the City of Houston will be held TUESDAY, APRIL 9, 2013 at 1:30 p.m. and WEDNESDAY, APRIL 10, 2013 at 9:00 a.m. with the reading of the descriptions, captions or titles of the agenda items by the City Secretary to begin not earlier than 60 minutes before the scheduled commencement, in the Council Chamber, Second Floor, City Hall, 901 Bagby, for the purpose of conducting the regular business and affairs of the City of Houston listed on the attached Agenda.