AGENDA - COUNCIL MEETING - TUESDAY - NOVEMBER 10, 2009 - 9:00 A. M.

COUNCIL CHAMBER - SECOND FLOOR - CITY HALL

901 BAGBY - HOUSTON, TEXAS

 

 

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

 

 

PRAYER AND PLEDGE OF ALLEGIANCE - Council Member Gonzalez

 

 

9:00 A. M. - ROLL CALL

 

 

ADOPT MINUTES OF PREVIOUS MEETING

 

 

9:30 A. 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

 

 

HEARINGS - 9:00 A.M.

 

1.      PUBLIC HEARING on proposals for the City of Houston to enter into or amend separate strategic partnership agreements with the below named districts in Harris County and Fort Bend 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

 

a.      Cinco Southwest Municipal Utility District No. 4,

b.      Cy Champ Public Utility District,

c.      Harris County Fresh Water Supply District No. 52

d.      Fort Bend County Municipal Utility District No. 50

e.      Bridgestone Municipal Utility District

f.        Greens Parkway Municipal Utility District

g.      Harris County Municipal Utility District No. 191

h.      Mason Creek Utility District

i.         North Belt Utility District

j.         North Forest Municipal Utility District

k.       Timber Lane Utility District

l.         Harris County Municipal Utility District No. 61

m.    Cimarron Municipal Utility District

n.      Cinco Southwest Municipal Utility District No. 3

o.      Tattor Road Municipal District

p.      Cypress Forest Public Utility District

q.      Fort Bend County Municipal Utility District No. 118

r.        Forest Hills Municipal Utility District

s.      Harris County Municipal Utility District No. 105

t.        Harris County Municipal Utility District No. 149

u.      Harris County Water Control and Improvement District No. 114

v.       Harris-Fort Bend Counties Municipal Utility District No. 5

w.     Northwest Harris County Municipal Utility District No. 15

x.       Richey Road Municipal Utility District

y.       Spring West Municipal Utility District


 

2.      PUBLIC HEARING relating to the retail gas rates to be observed within the City of Houston to be charged by CENTERPOINT ENERGY RESOURCES CORP. d/b/a CENTERPOINT ENERGY ENTEX and as CENTERPOINT ENERGY TEXAS GAS

 

 

 

MAYOR’S REPORT

 

 

CONSENT AGENDA NUMBERS 3 through 46     

 

MISCELLANEOUS - NUMBERS 3 through 7 

 

3.      REQUEST from Mayor for confirmation of the appointment or reappointment of the following to the HOUSTON CLEAN CITY COMMISSION, for terms to expire February 1, 2011:

District A  -  MS. JANICE GABRIEL, reappointment

District B  -  MS. THERESA CARMOUCHE-LEDE, reappointment

District C -  MS. JANICE S. ROSE, reappointment

District D -  MS. MARGARET A. JENKINS, appointment

District E  -  MR. FRANK G. WEARY, appointment

District F  -  MR. RAZI ASADUDDIN, appointment

District G -  MR. HARRY J. PHILLIPS, JR., reappointment

District H  -  MS. CHRISTINA L. MORELAND, appointment

District I   -  MR. RAMIRO FONSECA, reappointment

 

4.      REQUEST from Mayor for confirmation of the appointment of MS. CATHERINE CLARK MOSBACHER to Position Five of the JOINT CITY/COUNTY COMMISSION ON CHILDREN for a term to expire December 31, 2010

 

5.      RECOMMENDATION from Director General Services Department for approval of Computer Image for Dedication Plaque for Hiram Clarke Multi-Service Center and Vinson Branch Library - DISTRICT D - ADAMS

 

6.      RECOMMENDATION from Director General Services Department for approval of Computer Image for Dedication Plaque for Kendall Library Replacement/Community Center - DISTRICT G ‑ HOLM

 

7.      RECOMMENDATION from Director General Services Department for approval of Computer Image for Dedication Plaque for Bracewell Library Replacement - DISTRICT E - SULLIVAN

 

ACCEPT WORK - NUMBERS 8 and 9   

 

8.      RECOMMENDATION from Director Department of Public Works & Engineering for approval of final contract amount of $972,948.80 and acceptance of work on contract with ACM CONTRACTORS, INC for Safe Sidewalk Program J1 Work Authorization Project - 0.12% over the original contract amount - DISTRICTS C - CLUTTERBUCK; D - ADAMS; F - KHAN; G ‑ HOLM; H - GONZALEZ and I - RODRIGUEZ

 

9.      RECOMMENDATION from Director Department of Public Works & Engineering for approval of final contract amount of $3,668,660.63 and acceptance of work on contract with INSITUFORM TECHNOLOGIES, INC for Sanitary Sewer Rehabilitation by Cured-In-Place Pipe Method - 1.48% over the original contract amount - DISTRICTS A - LAWRENCE; B - JOHNSON; C ‑ CLUTTERBUCK; D - ADAMS; E  SULLIVAN; F - KHAN and I ‑ RODRIGUEZ

 

PROPERTY - NUMBERS 10 through 12  

 

10.  RECOMMENDATION from Director Department of Public Works & Engineering, reviewed and approved by the Joint Referral Committee, on request from Louis Macey of Macey Family Properties, LTD. [Macey Properties, Inc. (Louis Macey, President) General Partner], for sale of fee-owned land, which is the remainder of Block 120, from Rusk Avenue to Capitol Avenue, within South Side Buffalo Bayou, an unrecorded subdivision out of the J. S. Holman Survey, A-323, Parcel SY10-017 - DISTRICT I - RODRIGUEZ

 

11.  RECOMMENDATION from Director Department of Public Works & Engineering, reviewed and approved by the Joint Referral Committee, on request from Tommy Holmes and Norma Jacobi Holmes, for abandonment and sale of excess Garrow Street right-of-way, from Adams Street east ±131.65 feet, located in the Oak Lawn Addition, out of the S. M. Williams Survey, Parcel SY9-060 - DISTRICT H - GONZALEZ

 

12.  RECOMMENDATION from Director Department of Public Works & Engineering, reviewed and approved by the Joint Referral Committee, on request from Kenneth E. Hamilton Jr., for abandonment and sale of Tern Avenue, from Craighead Drive west to its terminus, located within the Albion Subdivision, out of the B. B. B. & C. Railroad Survey, Sections 1029 and 1030, Parcels SY10-002 and SY10-014 - DISTRICT C - CLUTTERBUCK

 

PURCHASING AND TABULATION OF BIDS - NUMBERS 13 through 18 

 

13.  CHANNING BETE COMPANY, INC for Development and Distribution of Disaster/Emergency Preparedness Education Materials for Houston Department of Health & Human Services  $224,337.50 - Grant Fund

 

14.  EPPENDORF NORTH AMERICA for epMotion 5075 LH System (to detect acute HIV Infections) for Houston Department of Health & Human Services - $66,382.95 - Grant Fund

 

15.  ORDINANCE appropriating $345,566.88 out of Police Consolidated Construction Fund for Purchase of Benches, Lockers Flooring, Staging Units and Construction Services at the Police Academy’s Facility for the Houston Police Department

 

a.      CUSTOM SPORTS SURFACING, INC - $260,929.57 and A. BARGAS & ASSOCIATES, LLC - $63,054.20 for Benches, Lockers and Construction Services for Improvements at the Police Academy’s Facility through the Texas Local Government Purchasing Cooperative (BuyBoard) for the Police Department - DISTRICT B - JOHNSON

 

16.  NORTEX MODULAR SPACE for Modular Office Building from the State of Texas Procurement and Support Services Contract through the State of Texas Cooperative Purchasing Program for Houston Police Department - $203,985.76 - General Fund - DISTRICT A - LAWRENCE

 

17.  ORDINANCE appropriating $906,955.50 out of Equipment Acquisition Consolidated Fund for Purchase of Medium and Heavy Duty Trucks for Public Works & Engineering Department

 

a.      RUSH TRUCK CENTERS OF TEXAS, L.P. - $2,062,484.00 and TEXAS UNDERGROUND, INC - $142,162.14 for Medium- and Heavy-Duty Cabs & Chassis and Truck Bodies through the Interlocal Agreement for Cooperative Purchasing with the Houston-Galveston Area Council for Department of Public Works & Engineering - Enterprise, Stormwater & Grant Funds

 

18.  TEXAS WASTE EQUIPMENT, INC dba HEIL OF TEXAS for Equipment, Petersen Loader Replacement Parts and Repair Services for Solid Waste Management Department - $600,000.00  General Fund

 

RESOLUTIONS AND ORDINANCES - NUMBERS 19 through 46  

 

19.  RESOLUTION approving and adopting a revised Investment Policy for the City of Houston, Texas and making various provision related to the subject

 

20.  RESOLUTION approving the creation of the HARDY/NEAR NORTHSIDE REDEVELOPMENT AUTHORITY; approving the Articles of Incorporation and the Bylaws thereof; confirming the appointment of the initial directors and chairperson - DISTRICT H ‑ GONZALEZ

 

21.  ORDINANCE AMENDING ARTICLES IX AND X OF CHAPTER 26 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, relating to booting in parking facilities; containing findings and other provisions relating to the foregoing subject; providing an effective date; providing for severability

 

22.  ORDINANCE finding and determining that public convenience and necessity no longer require the continued use of a portion of a 30-foot-wide drainage easement (Parcel SY7-052); vacating and abandoning said easement to Hudson Brothers Real Estate Limited Partnership, owner, in consideration of its conveyance to the City of a 30-foot-wide drainage easement (Parcel LY9‑022), all located within the Unrestricted Reserve A, West Oaks Place Subdivision, William White Survey, A-836, Houston, Harris County, Texas, and owner’s payment to the City of $54,665.00 - DISTRICT G - HOLM

 

23.  ORDINANCE finding and determining that public convenience and necessity no longer require the continued use of a portion of Brazos Street (Parcel SY10-005) and abandoning and vacating said portion to the General Services Administration, a Federal Agency, abutting owner, in exchange for a 20-foot-wide utility easement (Parcel VY10-001), both parcels located in the John Austin Two League Grant, A-1, Houston, Harris County, Texas; approving and authorizing an agreement outlining various rights and responsibilities between the City and owner; dedicating certain on-street parking on Brazos and Capitol Streets for use by Federal Security and Law Enforcement Agencies - DISTRICT I - RODRIGUEZ

 

24.  ORDINANCE finding and determining that public convenience and necessity no longer require the continued use of Hopson Street, from Gillette Street to its terminus, and of Bailey Street, from West Dallas Avenue to Hopson Street (Parcels SY9-094A and SY9-094B, respectively); vacating and abandoning said parcels to the City of Houston, the abutting owner; both parcels being within the John Austin Survey, A-1, Houston, Harris County, Texas - DISTRICT I - RODRIGUEZ

 

25.  ORDINANCE consenting to the addition of 2.358 acres of land to FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 25, of Fort Bend County, Texas, for inclusion in its district; repealing Ordinance 2007-785

 

26.  ORDINANCE consenting to the addition of 29.44 acres of land to GRANT ROAD PUBLIC UTILITY DISTRICT, for inclusion in its district

 

27.  ORDINANCE establishing the east and west sides of the 1100 block of Tabor Street within the City of Houston as a special building line requirement area pursuant to Chapter 42 of the Code of Ordinances, Houston, Texas - DISTRICT H - GONZALEZ

 

28.  ORDINANCE establishing the north and south sides of the 700 block of Le Green Avenue within the City of Houston as a special minimum lot size requirement area pursuant to Chapter 42 of the Code of Ordinances, Houston, Texas - DISTRICT H - GONZALEZ

 

29.  ORDINANCE approving and authorizing Grazing License Agreement between Terry McDonald, as Licensee, and the City of Houston, Texas, for 78.87 acres of land at George Bush Intercontinental Airport - DISTRICT B - JOHNSON

 

30.  ORDINANCE appropriating $3,500,000.00 out of Airports Improvement Fund as additional funding for contract for Professional Consulting Services between the City and DEREK CONSULTING GROUP, INC; amending Ordinance No. 2007-327 to increase the maximum contract amount - $2,513,000.00 Enterprise Fund - DISTRICTS B - JOHNSON; E - SULLIVAN and I - RODRIGUEZ

 

31.  ORDINANCE appropriating $8,002,067.00 out of HAS-FAA Grants Fund, $2,852,000.00 out of HAS-SublienBond 2000B NONAMT Construction Fund and $668,909.87 out of HAS-Consolidated 2001 NONAMT Construction Fund and awarding Construction Contract to W. W. WEBBER, LLC for Rehabilitation of Runway 4-22 and Taxiway “C” at William P. Hobby Airport (Project 462); setting a deadline for the bidder’s execution of the contract and delivery of all bonds, insurance and other required contract documents to the City; holding the bidder in default if it fails to meet the deadlines; providing funding for engineering testing services and for contingencies relating to construction of facilities financed by such funds - DISTRICT I - RODRIGUEZ

 

32.  ORDINANCE appropriating $250,000.00 out of TIRZ Affordable Housing Fund 2409 and approving and authorizing Grant Agreement between the City and THAI XUAN VILLAGE CONDOMINIUM OWNERS ASSOCIATION to cover  costs in connection with the improvement of the exterior-front and other  common areas of the Thai Xuan Village Condominium located at 8200 Broadway, Houston, Texas - DISTRICT I - RODRIGUEZ

 

33.  ORDINANCE approving and authorizing Modification Agreement between the City of Houston and LITTLE YORK VILLAS, L.P. to amend the Loan Agreement and related documents authorized pursuant to Ordinance 2004-459, as amended, to change certain requirements related to a 128 Unit Apartment Complex in the 6200 block of Nuben, Houston, Texas - DISTRICT B - JOHNSON

 

34.  ORDINANCE appropriating $620,000.00 out of Tax Increment Reinvestment Zone (TIRZ) Affordable Housing Fund (Fund 2409) to support the development of Affordable Single-Family Housing in Trinity Gardens and Fourth Ward for low to moderate income families - DISTRICTS B ‑ JOHNSON and I - RODRIGUEZ

 

35.  ORDINANCE approving and authorizing contracts between the City of Houston and (1) AETNA LIFE INSURANCE COMPANY, (2) KS PLAN ADMINISTRATORS LLC, (3) SELECTCARE OF TEXAS, L.L.C., (4) TEXAS HEALTHSPRING, LLC and (5) UNITEDHEALTHCARE INSURANCE COMPANY for Medicare Health Plans for City Retirees and their dependents; providing a maximum contract amount - 5 Years - $44,183,073.00 - General, Enterprise and Other Funds - DISTRICT I - RODRIGUEZ

 

36.  ORDINANCE appropriating $72,500.00 out of Equipment Acquisition Consolidated Fund for Purchase of Information Technology Equipment for the Houston Public Library

 

37.  ORDINANCE approving and authorizing Four Task Order Construction Contracts between the City of Houston and ARROW SERVICES, INC, PfP ABATEMENT GROUP, LLC, J.T.B. SERVICES, INC and INLAND ENVIRONMENTS, LTD., for Asbestos Abatement and Demolition Services for Houston Police Department; providing maximum contract amounts - $2,000,000.00 for each contract - 5 Years  - Dangerous Building Consolidated Fund

 

38.  ORDINANCE appropriating $134,819.00 out of Solid Waste Consolidated Construction Fund and approving and authorizing Professional Architectural Services Contract between the City of Houston and REY DE LA REZA ARCHITECTS, INC d/b/a RdlR ARCHITECTS, INC for Design of 9003 N. Main Building  Renovation; providing funding for the Civic Art Program - DISTRICT H ‑ GONZALEZ

 

39.  ORDINANCE appropriating $244,200.00 out of Woodlands Regional Participation Fund as an additional appropriation for Professional Landscape Architectural Services Task Order Contract with SWA GROUP (Approved by Ordinance No. 2008-1015)

 

40.  ORDINANCE appropriating $3,587,875.00 out of Public Library Consolidated Construction Fund as an additional appropriation for the Oak Forest Library Expansion under an existing Construction Management At-Risk  Contract with TEAL CONSTRUCTION COMPANY; providing funding for engineering and testing services, air monitoring, Civic Art Program, and contingencies relating to construction of facilities financed by the Public Library Consolidated Construction Fund - DISTRICT A - LAWRENCE

 

41.  ORDINANCE  approving  and  authorizing  License Agreement, for ten (10) years with two (2) renewals of ten (10) years each, between AMERICAN TOWERS, INC, or its affiliate, Licensor, and the City of Houston, Texas, Licensee, with a monthly License Fee of $4,500.00 for Fiscal Year 2010,  with annual increases, other costs and site improvement fees for a total cost for the initial ten (10) year base term of $619,049.48,  to allow the Radio Communications Division of the Information Technology Department to install equipment on one (1) communications tower and  ground space in connection with a new Public Safety Radio System located at 819 Battle Ground Road (a/k/a Independence Parkway), Deer Park, Texas

 

42.  ORDINANCE  approving  and  authorizing  License Agreement, for ten (10) years with two (2) renewals of ten (10) years each, between AMERICAN TOWERS, INC, or its affiliate, Licensor, and the City of Houston, Texas, Licensee, with a monthly License Fee of $4,699.50 for Fiscal Year 2010,  with annual increases, other costs and site improvement fees for a total cost for the initial ten (10) year base term of  $617,404.58,  to allow the Radio Communications Division of the Information Technology Department to install equipment on one (1) communications tower and  ground space in connection with a new Public Safety Radio System located at 310 Englewood, Houston, Texas - DISTRICT B - JOHNSON

 

43.  ORDINANCE appropriating $353,614.00 out of Street & Bridge Consolidated Construction Fund and approving and authorizing Professional Engineering Services Contract between the City of Houston and PIERCE GOODWIN ALEXANDER & LINVILLE, INC for Paving Extension of Kirby Drive from Holmes Road to Reed Road, Reed Road to Airport Boulevard and North of Sims Bayou to Orem Drive; providing funding for contingencies relating to construction of facilities financed by the Street & Bridge Consolidated Construction Fund - DISTRICT D - ADAMS

 

44.  ORDINANCE appropriating $1,613,397.00 out of Water & Sewer System Consolidated Construction Fund, awarding contract to NORTH HOUSTON POLE LINE, L.P. for New Front Easement Reconnections (UM); setting a deadline for the bidder’s execution of the contract and delivery of all bonds, insurance, and other required contract documents to the City; holding the bidder in default if it fails to meet the deadlines; providing funding for engineering and testing, and contingencies relating to construction of facilities financed by the Water & Sewer System Consolidated Construction Fund


 

45.  ORDINANCE appropriating $3,087,123.00 out of Water & Sewer System Consolidated Construction Fund, awarding contract to HUFF & MITCHELL, INC for Sanitary Sewer Rehabilitation by Sliplining and Pipe Bursting Methods; setting a deadline for the Bidder’s Execution of the contract and delivery of all bonds, insurance, and other required contract documents to the City; holding the bidder in default if it fails to meet the deadlines; providing funding for engineering and testing, and contingencies relating to construction of facilities financed by the Water & Sewer System Consolidated Construction Fund

 

46.  ORDINANCE appropriating $1,677,500.00 out of Water & Sewer System Consolidated Construction Fund, awarding contract to MCKINNEY CONSTRUCTION, INC for Water Line Replacement in Walnut Bend; setting a deadline for the bidder’s execution of the contract and delivery of all bonds, insurance, and other required contract documents to the City; holding the bidder in default if it fails to meet the deadlines; providing funding for engineering, testing, project management, construction management, and contingencies relating to construction of facilities financed by the Water & Sewer System Consolidated Construction Fund - DISTRICT G - HOLM

 

 

 

 

END OF CONSENT AGENDA

 

 

 

CONSIDERATION OF MATTERS REMOVED FROM THE CONSENT AGENDA

 

 

 

NON CONSENT AGENDA - NUMBERS 47 and 48   

 

 

MISCELLANEOUS

 

47.  RECEIVE nominations for the City of Houston representative of the HARRIS COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS, for a two year term ending December 31, 2009

 

48.  SET HEARING DATE regarding amendment to the Project Plan and Reinvestment Zone Financing Plan for the TAX INCREMENT REINVESTMENT ZONE NUMBER TWENTY-ONE (HARDY/NEAR NORTHSIDE ZONE) - DISTRICT H - GONZALEZ

      SUGGESTED HEARING DATE - 9:00 A. M. - WEDNESDAY - DECEMBER 2, 2009

     

 

MATTERS HELD - NUMBERS 49 and 50   

 

49.  ORDINANCE AMENDING CHAPTER 40 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, relating to the seizure, impoundment and destruction of newsracks; establishing a fee for seizure and impoundment of newsracks; containing findings and other provisions relating to the foregoing subject; containing a repealer; providing for severability; establishing an effective date

      TAGGED BY COUNCIL MEMBER JONES

      This was Item 21 on Agenda of November 4, 2009


 

50.  ORDINANCE amending Ordinance No. 2007-846, the first amended and restated ordinance relating to the issuance of City of Houston, Texas, General Obligation Commercial Paper Notes, Series G; and declaring an emergency

      TAGGED BY COUNCIL MEMBER LOVELL

      This was Item 23 on Agenda of November 4, 2009

 

 

 

MATTERS TO BE PRESENTED BY COUNCIL MEMBERS - Council Member Holm 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, NOVEMBER 10, 2009 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.