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HomeMy WebLinkAbout08-25-08 Regular Meeting of the La Porte City Council STATE OF TEXAS )( COUNTY OF HARRIS)( CITY OF LA PORTE)( City Council Agenda Notice is hereby given of a Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council to be held August 25, 2008 at 6:00 p.m. in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, regarding the items of business according to the agenda listed below Next. Ord.3095 Next Res. 2008-08 1. Call to Order 2. Invocation—Dan Chappell—Ministerial Alliance 3. Pledge of Allegiance- Mayor Porter 4. Presentations/Proclamations Receive Report from Goodyear Plant Company-J. Suggs 5. Consent Agenda A. Consider approving minutes of the Regular Council Meeting for Budget Workshop Meetings on Proposed Budget and Public Hearings on Recommendations of Planning and Zoning Commission, and other matters of the La Porte City Council held on August 11 and 12, 2008— M. Gillett B. Consider approval or other action authorizing the City Manager to execute agreement letters between La Porte EMS and companies located within the Battleground Industrial District for emergency medical services (Ord.3095)—R. Nolen C. Consider approval or other action authorizing the City Manager to execute a Utility Attachment Agreement for On-System Bridges (Ord.3096)—S. Gillett D. Consider approval or other action regarding an agreement between the City and the La Porte - Bayshore Chamber of Commerce for use of$55,000 annual allocation from city hotel occupancy tax (Ord.3097) — R. Bottoms E. Consider approval or other action regarding Ordinances authorizing the City Manager to enter into an Industrial Agreement, Water Services Agreement and Sanitary Sewer Service Agreement with Bayport II Mountain West Houston, LLC. (Ord. 3098, 3099 and 3100)—T. Tietjens- F. Consider approving an Ordinance approving Industrial District Agreement (Ord. 2007- IDA-109) between the City of La Porte and US Industrial REIT II. - R. Bottoms 6. Petitions, Remonstrances, Communications, Citizens and Tax Payers wishing to address Council—(Limited to five minutes) Bill King-(Galveston Bay Foundation)—Thank you for the Lyondell "Bike by the Bay" 7. Public Hearing- Discuss City's 2008-2009 Fiscal Year Proposed Budget—M. Dolby Open Public Hearing Review by Staff Public Input Recommendation of Staff Close Public Hearing 8. Consider approval or other action regarding an Ordinance approving and adopting the Budget for the City of La Porte, Texas for the period of October 1, 2008 through September 30, 2009- (Ord.3101)—M. Dolby 9. Consider approval or other action ratifying the projected increase in property tax revenues collected as reflected in the FY 2008-2009 Budget—M. Dolby 10. Consider approval or other action regarding an ordinance amending Chapter 50, "Appendix A- Fees", of the Code of Ordinances of the City of La Porte, by increasing golf course use fees- (Ord.2837-F)— M. Dolby 11. Consider approval or other action regarding a Resolution for acceptance of the Harris County Certified Tax Appraisal Roll -(Res.2008-08)—M. Dolby 12. Consider approval or other action regarding an Ordinance establishing the Tax Rate for the 2008-2009 Fiscal Year at$.71 cents for hundred dollar valuation - (Ord.3102)— M. Dolby 13. Consider approval or other action regarding an Ordinance amending Chapter 34 "Environment" and Appendix A "Fees" of the Code of Ordinances regarding method of giving notice of nuisance or prohibited condition on real estate in city- (Ord. 2003-2623-C)— D. Wilmore 14. Consider approval or other action regarding an Ordinance authorizing the City Manager to Execute a Letter Agreement with C. Berdon Lawrence, to release and convey existing sanitary sewer easement and lift station site, and authorizing installation of an alternate sanitary sewer service (Ord. 3103 )—J. Joerns 15. Consider approval or other action regarding a Resolution requesting Federal Funding Assistance for State Highway 146 (Res.2008-09) -J. Joerns 16. Consider approval or other action regarding an Ordinance authorizing the City Manager to to execute an Interlocal Agreement between the City of La Porte and City of Shoreacres to operate a joint venture park located at the west fork of Taylor Bayou (Ord.3104) - S. Barr 17. Consider approval or other action authorizing the City Manager to execute an Agreement between the City of La Porte and Randall-Porterfield Architects, Inc., and appropriating a sum not to exceed $317,000.00 from Fund 48, to provide design services, bid, and construction monitoring for the West Side Park property—S. Barr 18. Consider approval or other action regarding an Ordinance authorizing the City Manager to execute an Ingress and Egress easement granting Sabino Ornelas access to residential property, across a portion of the alley in Block 1445 (Ord.3105)—T. Tietjens 19. Consider approval or other action regarding an Ordinance awarding the bids S08002 and S08003 to highest bidders Oakland Land and Development, LLC and Mississippi Land Co., Inc. for sale of surplus real property- (Ord. 3106) S. Kelley 20. Consider approval or other action of a 60 day extension for Frontier Logistics related to delivery of items required by exhibit C and to consider a 120 day extension for a La Porte Real Property LLC and Frontier Logistics for submission of items required in paragraph (3) of the agreement- J. Joerns. 21. Receive Report from the La Porte Development Corporation Board- C. Engelken 22. Receive Report from Drainage and Flooding Committee— M. Mosteit 23. Close Regular Meeting and Open Workshop Meeting- Mayor Porter A. View"Fly through Video"—R. Bottoms B. Update on Gateway Enhancement Projects—Jan Lawler/R. Bottoms C. Update City Council on status of 3rd Quarter progress of Capital Improvement Projects assigned to the Planning Department-T. Tietjens D. Review proposed amendments to the Ordinance pertaining to truck terminals and truck routes and provide staff with direction—T. Tietjens E. Review possible changes to electric fence regulations and provide staff with direction- T. Tietjens F. Review of Ordinance 759A(front-foot fees) and provide staff with direction—T. Tietjens 24. Close Workshop Meeting and reconvene to Regular Meeting —Mayor Porter 25. Administrative Reports—R. Bottoms A. City Council Meeting- September 8, 2008- 6: 00 p.m. B. La Porte Development Corporation Board Meeting —Wednesday, September 10, 2008 6:00 p.m. C. USCPFA-Houston Annual Dinner- Ocean Palace, 11215 Bellaire Blvd. D, Houston- Sept. 12, 2008 6:00 p.m. D. 2008 Chamber of Commerce "Industry of the Year" (Lyondell-Basell) Banquet, September 25, 2008- Sylvan Beach Pavilion- E. TIRZ Meeting —August 27, 2008—6:00 p.m. 26. Council Comments: Black, Malone, Ebow, Engelken, Mosteit, Clausen Rigby, Moser, and Porter 27. Executive Session —pursuant to provision of the Open Meetings Law, Chapter 551, Texas Government Code, Sections 551.071 through 551.076, 551.087 (consultation with attorney, deliberation regarding real property, deliberation regarding prospective gift or donation personnel matters, deliberation regarding security devices, or excluding a witness during examination of another witness in an investigation, deliberation regarding economic development negotiations) A. 551.072(Deliberation regarding Real Property) Meet with City Manager and City Attorney to discuss the purchase, exchange, lease or value of real property B. 551.072 (Deliberation regarding Real Property) Meet with City Manager and City Attorney to discuss Happy Harbor site C. 551.074 (Personnel Matter) Evaluation of City Secretary 28. Considerations and possible action on items considered in executive session 29. Adjournment If during the course of the meeting covered by this agenda the Council should determine that a closed or executive meeting or session of the Council should be held or is required in relation to an item noticed in this agenda, then such closed or executive meeting or sessions authorized by the Open Meetings Law, Chapter 551, Texas Government Code; will be held by the Council at that date, hour and place given in the meeting notice or as soon after the commencement of the meeting covered by the meeting notice as the Council may conveniently meet in such closed or executive meeting or session concerning any and all subjects and for any and all purposes permitted by Sections 551.071 through 551.076, and 551.087 of said Open Meetings Law, including, but not limited to: Section 551.071 — For the purpose of a private consultation with the Council's attorney on any subject or matter authorized by law. Section 551.072—For the purpose of deliberating the purchase, exchange, lease or value of real property. Section 551.073 — For the purpose of deliberating a negotiated contract for a prospective gift or donation to the City. Section 551.074 — For the purpose of deliberating the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges against a public officer or employee, unless the officer or employee requests a public hearing. Section 551.075—for the purpose of conferring with an employee or employees of the City, only for the purpose of receiving information from the employee or employees or to ask questions of the employee or employees; provided, however, that no discussion of public business or City policy that affects public business shall take place between the members of the City Council during the conference. Section 551.076 — To consider deployment, or specific occasions for implementation, of security personnel or devices. Section 551.087 —To discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281471-5030 FOR FURTHER INFORMATION. Approved: Martha Gillett, TRMC, CMC City Secretary 5 A MINUTES OF CITY COUNCIL MEETING FOR BUDGET WORKSHOP MEETINGS ON PROPOSED BUDGET AND PUBLIC HEARINGS ON RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION, AND OTHER MATTERS OF THE LA PORTE CITY COUNCIL AUGUST 11 & 12, 2008 August 11, 2008 1. Call to order The meeting was called to order by Mayor Porter at 6:00 p.m. Members of City Council Present: Mayor Porter, Mayor Pro-Tern Mike Clausen, Council members Tommy Moser, Mike Mosteit, Louis Rigby, John Black, Chuck Engelken, Howard Ebow and Georgia Malone. Members of Council absent: None Members of City Executive Staff and City Employees Present: Assistant City Attorney Clark Askins, City Secretary Martha Gillett, City Manager Ron Bottoms, Police Chief Kenith Adcox, Human Resources Manager Heather Weger, Building Official Debbie Wilmore, Purchasing Manager Susan Kelley, Police Office Coordinator Melisa Lanclos, Finance Director Michael Dolby, Assistant City Manager John Joerns, Director of Public Works Steve Gillett, Economic Development Coordinator Gretchen Larson, EMS Chief Ray Nolen, Secretary Michelle Bedford, GIS Manager Brian Sterling, Assistant Fire Chief Donald Ladd, Golf Pro Alex Osmond, Main Street Coordinator Debra Dye, Director of Parks & Recreation Stephen Barr, Director of Planning Tim Tietjens, Assistant Police Chief Ron Parker, Fire Chief Mike Boaze, and a number of other employees. Others present: Adam Yanelli of the Bayshore Sun, Paul Chavez, David Janda, Colleen Hicks, Barry Beasley, Connie Fortune, Al Fortune, Jeff Heintschel, Marie Meehan, Marcus Deal, Sandra Terry, Michael Martin, Mary Cummings, Bud Cummings, Marice Meehan, Roy Fuller, Pat Brock, Diane Campbell, Betty Wallace, Denny Beecham, Johnny Wehba and Dr. Wayne Spears, Fairmont Park Church. 2. Dr. Wayne Spears of Fairmont Park Church led the invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. Council to consider approving minutes of the Regular Meeting and Workshop Meeting of the La Porte City Council held on July 28, 2008. - M. Gillett Motion was made by Councilmember Engelken to approve the minutes as written. Councilmember Mosteit seconded the motion. Motion carried. Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter. Nays: None Special Called Regular Meeting, Public Hearings and Budget Workshop Meeting 2 August 11 & 12, 2008 Abstain: None Absent: None Councilmember Rigby requested Council consider allowing any individuals who may want to address Council be allowed to speak. City Secretary Martha Gillett advised the only persons requesting to speak were on public hearing items. 5. Public Hearing —Council to consider recommendation of Planning and Zoning Commission to approve Special Conditional Use Permit(SCUP) Request#SCU08-003 for operating a women's substance abuse recovery center in a Light Industrial Zone, at 942 South 14th Street. Open Public Hearing—Mayor Porter opened the Public Hearing at 6:05 p.m. Planning Director Tim Tietjens presented summary and recommendation and answered Council questions. Public Input-The following citizens addressed Council: Marie Meehan, Director of House for Woman —spoke in favor of the request. Diane Campbell—of Lutheran Church—spoke in favor of the request. Theresa Bayer—member of Lutheran Church—spoke in favor of the request. Connie Fortune—309 S. Virginia—works for Alanon --spoke in favor of the request. Mary Cummings—teacher at La Porte Elementary—spoke in favor of the request. The Public Hearing was closed at 6:23 p.m. Recommendation of Planning and Zoning Commission - recommended approval of Special Conditional Use Permit#SCU08-003 for operating a women's substance abuse recovery center in a Light Industrial Zone, at 942 S. 14th Street. 6. Council to consider approval or other action regarding Ordinance 1501-F6 and Special Conditional Use Permit#SCU08-003 for operating a women's recovery center at 942 S. 14th Street. Assistant City Attorney Clark Askins read: 1501-F6-AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT#SCU08-003 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 2.44 ACRE TRACT DESCRIBED AS LOTS 1 THRU 32, BLOCK 867, INCLUDING TR A (ABANDONED ALLEY), JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING A WOMEN'S Special Called Regular Meeting, Public Hearings and Budget Workshop Meeting 3 August 11 & 12, 2008 RECOVERY CENTER AT 942 SOUTH 14TH STREET IN A LIGHT INDUSTRIAL (LI) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; Motion was made by Councilmember Engelken to approve Ordinance 1501-F6 and Special Conditional Use Permit SCU08-003 as presented by Mr. Tietjens. Councilmember Malone seconded the motion. Motion carried. Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter. Nays: None Abstain: None Absent: None 7. Public Hearing —Council to consider recommendation of Planning and Zoning Commission regarding Rezone Request#R08-001, for rezone of a 21.289 tract of land described as Lots 367, 368, 369A and 370, La Porte Outlots, at 1241 Underwood Road from General Commercial (GC) and Large Lot Residential (LL) to Planned Unit Development(PUD). Open Public Hearing —Mayor Porter opened the Public Hearing at 6:26 p.m. Planning Director Tim Tietjens presented summary and recommendations and answered Council's questions. Public Input—The following citizens addressed City Council: Johnny Wehba—9915 N. P Street—informed Council of his concerns with flooding. He is not in favor of request unless flooding issues are resolved Denny Beecham—9823 N. Ave. P. —read a letter from another resident expressing concerns with the SCUP request. Property owners are concerned with a loss of property values, noise, drainage and aesthetics. Mary Cummings—9822 North P. —informed Council she is not in favor of this request. Roy Fuller—9919 N. P. —spoke in favor of the request. Marcus Deal—of Shaw Maintenance, Inc. — 1241 Underwood Rd. —explained the company's reason for the request and encouraged Council to approve. He noted the expansion was for storage and a lay down yard. Recommendation of Planning and Zoning Commission —City Council to consider approval of Rezone Request#R08-001, rezoning the reference property from General Commercial (GC) and Large Lot Residential (LL) to Planned Unit Development(PUD) The Public Hearing was closed at 6:58 p.m. Special Called Regular Meeting, Public Hearings and Budget Workshop Meeting 4 August 11 & 12, 2008 8. Council to consider approval or other action regarding Ordinance 1501-G6. Assistant City Attorney Clark Askins read Ordinance 1501-G6, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM GENERAL COMMERCIAL AND LARGE LOT RESIDENTIAL TO PLANNED UNIT DEVELOPMENT AS REQUESTED FOR 21.289 ACRE TRACT OF LAND DESCRIBED AS LOTS 367,368,369A AND 370, LA PORTE OUTLOTS (VOLUME 61, PAGE 374 AS PER H.C.D.R.) BEING SITUATED IN THE ENOCH BRINSON SURVEY, ABSTRACT NO. 5 AND N. CLOPPER SURVEY, ABSTRACT NO. 198, CITY OF LA PORTE, HARRIS COUNTY, TEXAS, LOCATED AT 1241 UNDERWOOD ROAD; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; Motion was made by Councilmember Malone to deny the rezoning request. Seconded by Councilmember Mosteit. Motion carried. Ayes: Mosteit, Clausen, Rigby, Moser, Malone, Engelken, Ebow and Porter. Nays: Black Abstain: None Absent: None 9. Public Hearing - Council to consider recommendation of Planning and Zoning Commission regarding Special Conditional Use Permit (SCUP) Request#SCU08-004 for a 21.289 acre tract of land described as lots 367,368,369A and 370, La Porte Outlots, at 1241 Underwood Road, for exterior material storage and operation of lay down yard in PUD Zone. On advice of the City Attorney, the public hearing was dismissed by the City Council and not held due to the action taken on item 8 to deny the rezoning request for the same property. 10. Council to consider approval or other action regarding Ordinance 1501-H6. On advice of the City Attorney, consideration of the ordinance was dismissed by the City Council and not held due to the action taken on item 8 to deny the rezoning request for the same property. 11. Public Hearing-Council to consider recommendations of Planning and Zoning Commission to approve Special Conditional Use Permit(SCUP) Request#SCU08-005 for a 10.64 acre tract being Reserve D out of±207 acres of land located along Old Underwood Road south of State Highway 225, for development of office/warehouse facility in PUD Zone. Open Public Hearing — Mayor Porter opened the Public Hearing at 7:04 p.m. Special Called Regular Meeting, Public Hearings and Budget Workshop Meeting 5 August 11 & 12, 2008 Planning Director Tim Tietjens presented summary and recommendations and answered Council's questions. Public Input—There was no public wishing to address Council on this item. The Public Hearing was closed at 7:05 p.m. Recommendation of Planning and Zoning Commission —recommended approval of Special Conditional Use Permit(SCUP) Request#SCU08-005 for a 10.64 acre tract being Reserve D out of+ 207 acres of land located along Old Underwood Road south of State Highway 225 and approval of Ordinance 1501-16. 12. Consider approval or other action regarding Ordinance 1501- 16 and SCU08-005. Assistant City Attorney Clark Askins read ordinance 1501-16, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT#SCU08-005 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO WIT: 10.64 ACRE TRACT, BEING RESERVE D, OUT OF + 207 ACRES OF LAND (ALONG OLD UNDERWOOD ROAD SOUTH OF STATE HIGHWAY 225) IN THE ENOCH BRINSON SURVEY, ABSTRACT-5, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING OFFICE/WAREHOUSE FACILITY, "PACKWELL II" IN A PLANNED UNIT DEVELOPMENT(PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; Motion was made by Councilmember Engelken to approve Ordinance 1501-16 and SCU08-005 as presented by Mr. Tietiens Seconded by Councilmember Clausen. Motion carried. Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter. Nays: None Abstain: None Absent: None 13. Council to consider approval of the action regarding the decision of the La Porte Development Corporation Board to approve a contract with Avalanche Consulting, Inc. for the completion of a City-Wide Economic Development Strategic Plan, in an amount not to exceed $125,000. Economic Development Coordinator Gretchen Larson presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Clausen to approve the recommendation as presented by Ms. Larson. Seconded by Councilmember Ebow. Motion carried. Special Called Regular Meeting, Public Hearings and Budget Workshop Meeting 6 August 11 & 12, 2008 Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter. Nays: None Abstain: None Absent: None 14. Council to consider approval or other action regarding Ordinance 2004-2782-W appointing various members to Boards and Commissions. Mayor Porter presented summary and recommendations and answered Council's questions. Assistant City Attorney Clark Askins read Ordinance 2004-2782-W, AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE, PROVIDING A SEVERABILITY CLAUSE, CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN METINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Ebow to approve ordinance 2004-2782-W appointing persons to the various boards and commissions. Seconded by Councilmember Mosteit. Motion carried. Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter. Nays: None Abstain: None Absent: None The following persons were appointed: Fire Code Review Committee—District 1 —Jack Oliphant Planning and Zoning Commission—Chairman—Hal Lawler Planning and Zoning Commission—District 6—Les Bird Planning and Zoning Commission —Alternate One—David Janda Planning and Zoning Commission —Alternate Two—Lou Ann Martin Southeast Texas Housing Finance Corporation Director—Lou Ann Martin Building Codes Appeals Board—Position 6—Michael Reedy Animal Shelter Advisory Committee—Rabies Control Authority—Kenith Adcox, Police Chief Special Called Regular Meeting, Public Hearings and Budget Workshop Meeting 7 August 11 & 12, 2008 A position still remains vacant on the La Porte Area Water Authority. This position will be discussed at a future meeting once Council advises the City Secretary they have a person to fill the vacant slot. 15. Discussion concerning the proposed 2008-2009 City of La Porte Budget Discussion held Monday, August 11, 2008. City Manager Ron Bottoms opened with a general overview of the budget. Finance Director Michael Dolby provided an overview of revenues/expenditures. Departmental budgets including Emergency Services (Fire Prevention, Fire Suppression, and EMS), Police Department(Police Patrol, Criminal Investigation, Police Support), Emergency Management, Administration, Community Investment Fund, Hotel/Motel, Main Street Program, Fund 38-4B, Human Resources, Insurance Funds, Municipal Court, Purchasing, City Secretary's Office, City Council, Legal, Finance, Tax and Non- departmental budgets were discussed. Mr. Bottoms provided council with an overview of each department outlining the major decreases, increases and capital requests. Mr. Bottoms noted capital items would be discussed separately in detail later in the meeting. Council requested a new sound system be considered for the Council Chambers. The meeting was recessed on August 11, 2008, at 9:35 p.m. The meeting is scheduled to reconvene on August 12, 2008, at 6:00 p.m. August 12, 2008 The meeting was reconvened on August 12, 2008 at 6:01 p.m. Members of City Council Present: Mayor Alton Porter, Malone, Black, Engelken, Ebow, Moser and Rigby. Members of Council Absent: Clausen and Mosteit. Members of Staff Present: City Manger Ron Bottoms, Assistant City Manager John Joerns, City Attorney Knox Askins, Assistant City Attorney Clark Askins, City Secretary Martha Gillett, Director of Public Works Steve Gillett, Assistant Director of Public Works Don Pennell, Construction Inspector Regan McPhail, Budget Officer Shelley Wolny, Finance Director Michael Dolby, Accountant Gay Collins, Purchasing Manager Susan Kelley, Police Chief Kenith Adcox, EMS Chief Ray Nolen, Parks and Recreation Director Stephen Barr, Golf Pro Alex Osmond, Fire Chief Mike Boaze, Emergency Management Coordinator Jeff Suggs, Fire Marshal Cliff Meekins, Controller Phyllis Rinehart, Interim IT Manager James Janoch, City Engineer Rodney Slaton, Planning Director Tim Tietjens, Office Coordinator Peggy Lee, GIS Manager Brian Sterling, Office Coordinator Melissa Lanclos and Assistant Fire Chief Donald Ladd. Special Called Regular Meeting, Public Hearings and Budget Workshop Meeting 8 August 11 & 12, 2008 Citizens Present: Collen Hicks. Council took the Executive Session out of order at this time. See#16. for details. The following departmental budgets were discussed: Utility Billing, Non-departmental, Public Works Administration, Street Division, Solid Waste Division, Commercial Solid Waste Division, Water Production, Water Distribution, Wasewater Collection, Wastewater Treatment, Airport, La Porte Area Water Authority, Motor Pool, Vehicle Maintenance, Parks and Recreation Administration, Parks Maintenance, Parks Recreation, Special Services, Sylvan Beach Pavillion, Park Zones, Planning, Engineering, GIS, Inspections, Golf Course, Golf Course Clubhouse, Golf Course Maintenance, IT(Maintenance and Repair) and CIP Projects. 16. Executive Session— PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) A 551.074 (Personnel Matter) Meet with Municipal Court Judge, City Attorney and Assistant City Attorney to discuss terms of employment Council retired into Executive Session at 6:02 p.m. on August 12, 2008. Council returned to the Special Called Regular Meeting/Budget Workshop Meeting and reconvened at 6:30 p.m. on August 12, 2008 with no action taken. 17. Considerations and possible action on items in executive session. There was no action taken in the Executive Session. 18. There being no further business to come before Regular Meeting and Workshop Meeting was duly adjourned at 8:35 p.m. Respectfully submitted, LiniattifA,Vte Martha Gillett, TRMC, CMC City Secretary Passed and approved on this 25th day of August 2008. Special Called Regular Meeting, Public Hearings and Budget Workshop Meeting 9 August 11 & 12, 2008 Mayor Alton E.f..nr B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 25,2008 Appropriation Requested By: Ray Nolen Source of Funds: N/A Department: EMS Account Number: Amount Budgeted: Report: Resolution: Ordinance: X Amount Requested: Exhibits: Copy of BID Agreement Budgeted Item: YES NO Exhibits: Copy of Agreement Invoice&Letter Exhibits: SUMMARY & RECOMMENDATION Annual agreement renew-al between the City of La Porte EMS and the companies located within the Battleground Industrial District(North of Hwy 225 between Battleground Rd. and Hwy 146)for Emergency Medical Service for a period of twelve months. The attached 2008-09 agreement is calculated at a rate of$20.19 per employee,per year.This is an increase of.83 cents per employee over the previous year's negotiated rate.The total agreement amount invoiced will be based on an Average Daily Population at each company. Attached is an ordinance authorizing the City Manager to execute individual agreements effective October 1.2008 with the companies located within the Battleground Industrial District for Emergency Medical Service. The agreements will expire on September 30. 2009. 2006-07 Revenues-Actual $54.493.04 2007-08 Revenues—Actual $69,850.88 2008-09 Revenues—Projected $72.000.00 Recommend that council approve the City Manager to execute the submitted agreement letter for providing Emergency Medical Service to the companies located within the Battleground Industrial District. .n Required by Council: App lye an Ordinance authorizing the City Manager to execute an Agreement Letter with the corn lies loc. ed within the Battleground Industrial District for the City of La Porte EMS. A 1 !,Ted for 1 Council Agenda iii /cIvi/Dig 'on Botto s, City Manager Date ORDINANCE NO. 2008- 30q5" AN ORDINANCE APPROVING AND AUTHORIZING AGREEMENT LETTERS BETWEEN THE CITY OF LA PORTE AND COMPANIES LOCATED WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT, FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby approves and authorizes the agreements, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such documents and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council of the City of La Porte officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 2008- 30q5- PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 25th day of August, 2008 YF LA POE By: - L, l ,"`y Alton E. Porter, Mayor ATTEST:it0. 4, 1 ar ha A. Gillett, City Secretary APPRO D:, �/e/ 1 4r o W. Askins, City Attq'rney LETTER AGREEMENT This Letter Agreement is made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the (Company Name) GAO/= JO 700 Sr7a,56- , a private industrial operation and/or business located within the Battleground Industrial District of Harris County, Texas hereinafter referred to as"COMPANY", COMPANY is in need of emergency medical services for the benefit of the people and property located at COMPANY'S facility or facilities within the Battleground Industrial District. The City of La Porte has expressed its willingness to provide such emergency medical services to COMPANY, upon the terms, conditions, and covenants described as follows: 1) It is hereby agreed that for and during the year beginning on the 1st day of October, 2008, and ending on the 30th day of September, 2009, LA PORTE will furnish to COMPANY emergency medical services consisting of ambulance / EMT-P response and assistance, and transportation to hospitals, as necessary. 2) LA PORTE shall transport patients to one of the nearest hospitals that provides emergency services as defined by the "Transport Policy" of the City of La Porte Emergency Medical Services, a copy of which is available at the LA PORTE EMS Headquarters. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council, and codified in the La Porte Code of Ordinances Chapter 30,Appendix A. 3) For and in consideration of the governmental services to be provided by LA PORTE under this letter agreement, COMPANY agrees to pay LA PORTE the annual sum listed on the completed ambulance service invoice, which will be forwarded to COMPANY. The annual fee to be assessed on the ambulance service invoice shall be based on a $20.19 per person fee, and shall be paid in full by the facility or business to LA PORTE, on or before the 1st day of October, 2008. 4) COMPANY agrees that the cost of the services provided under this agreement shall be based on an Average Daily Population ("ADP") of personnel working at the COMPANY, and will be subject to an annual cost adjustment. The formula for cost of adjustment under this agreement shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the agreement year, and shall be subject to review and adjustment annually, commencing October 1,2009. 5) A COMPANY which is in default of its payments to LA PORTE hereunder, shall be subject to a "Non-Member Fee" of Fifteen Hundred Dollars ($1500.00) per EMS response as provided in LA PORTE's Emergency Medical Service Fee Ordinance, codified in the La Porte Code of Ordinances Chapter 30, Appendix A. LA PORTE will forward an invoice to COMPANY within 30 days after the rendering of any service to which the "Non-Member Fee" applies. 6) Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE's Emergency Medical Services) and dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. 7) LA PORTE agrees to operate its ambulances in accordance with the requirements of the State and Federal law, and applicable municipal or county ordinances, as the same now exists, and as may be amended from time to time hereafter. 8) During the term of this Agreement and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; and ($300,000.00) for each accident. Furthermore, LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall also maintain collision and liability insurance on the ambulances, with at least maximum limits of($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; ($300,000.00) for each single occurrence for bodily injury or death; and uninsured and under-insured motorists coverage providing at least ($100,000.00) for each person, and ($300,000.00) for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq. of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. 9) This agreement shall remain in effect after September 30, 2009 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. Either the COMPANY or LA PORTE may cancel this agreement without cause, so long as said 90 days notice is first given. Suck notice be sent I.Dy LA PORTE to COMPANY at /0'7©0 5yPDLt 11) , of b,tJ Jit --7>s-').)Such notice shall be sent by the COMPANY to LA PORTE at 604 West Fairmont Parkway, La Porte, Texas, 77571, Attention: City Manager. 10) This agreement shall become effective at 12:00 A.M. Central Time, on the 1St day of October, 2008 and shall remain in full force and effect until the 30th day of September, 2009 unless otherwise canceled as provided in the previous paragraph. This agreement is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable state and federal laws. 11) This agreement constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This agreement may be amended only by a written instrument signed by all parties, and shall be governed by and construed in accordance with the laws of the State of Texas. 2 EXECUTED IN DUPLICATE ORIGINALS, as of this the day of _, 20� Agreed to . the C .FLA '0 TE By: Ron Bottoms, City Manager Attest: //klittdr2dad Martha Gillett, City Secretary Agreed to by COMPANY By: i,iii1/11111 �i/<<f Authorized Re. -sentative 3 } LETTER AGREEMENT This Letter Agreement is made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the (Company Name) ‘lZ�,F. /t, ;5b S 772-4,d-- , a private industrial operation and/or business located within the Battleground Industrial District of Harris County, Texas hereinafter referred to as "COMPANY", COMPANY is in need of emergency medical services for the benefit of the people and property located at COMPANY'S facility or facilities within the Battleground Industrial District. The City of La Porte has expressed its willingness to provide such emergency medical services to COMPANY, upon the terms, conditions, and covenants described as follows: 1) It is hereby agreed that for and during the year beginning on the 1st day of October, 2008, and ending on the 30th day of September, 2009, LA PORTE will furnish to COMPANY emergency medical services consisting of ambulance / EMT-P response and assistance, and transportation to hospitals, as necessary. 2) LA PORTE shall transport patients to one of the nearest hospitals that provides emergency services as defined by the "Transport Policy" of the City of La Porte Emergency Medical Services, a copy of which is available at the LA PORTE EMS Headquarters. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council, and codified in the La Porte Code of Ordinances Chapter 30, Appendix A. 3) For and in consideration of the governmental services to be provided by LA PORTE under this letter agreement, COMPANY agrees to pay LA PORTE the annual sum listed on the completed ambulance service invoice, which will be forwarded to COMPANY. The annual fee to be assessed on the ambulance service invoice shall be based on a $20.19 per person fee, and shall be paid in full by the facility or business to LA PORTE, on or before the 1st day of October, 2008. 4) COMPANY agrees that the cost of the services provided under this agreement shall be based on an Average Daily Population ("ADP") of personnel working at the COMPANY, and will be subject to an annual cost adjustment. The formula for cost of adjustment under this agreement shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the agreement year, and shall be subject to review and adjustment annually, commencing October 1, 2009. 5) A COMPANY which is in default of its payments to LA PORTE hereunder, shall be subject to a "Non-Member Fee" of Fifteen Hundred Dollars ($1500.00) per EMS response as provided in LA PORTE's Emergency Medical Service Fee Ordinance, codified in the La Porte Code of Ordinances Chapter 30, Appendix A. LA PORTE will forward an invoice to COMPANY within 30 days after the rendering of any service to which the "Non-Member Fee" applies. 6) Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA • PORTE's Emergency Medical Services) and dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. 7) LA PORTE agrees to operate its ambulances in accordance with the requirements of the State and Federal law, and applicable municipal or county ordinances, as the same now exists, and as may be amended from time to time hereafter. 8) During the term of this Agreement and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; and ($300,000.00) for each accident. Furthermore, LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall also maintain collision and liability insurance on the ambulances, with at least maximum limits of($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; ($300,000.00) for each single occurrence for bodily injury or death; and uninsured and under-insured motorists coverage providing at least ($100,000.00) for each person, and ($300,000.00) for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq. of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. 9) This agreement shall remain in effect after September 30, 2009 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. Either the COMPANY or LA PORTE may cancel this agreement without cause, so long as said 90 days notice is first iven. S ch noticgg ^wshall be sent by LA PORTE to COMPANY at /6 $Sb 5 ��- ►� L�-�'a� '7 , `7'7 S'7/ . Such notice shall be sent by the COMPANY to LA PORTE at 604 West Fairmont Parkway, La Porte, Texas, 77571, Attention: City Manager. 10) This agreement shall become effective at 12:00 A.M. Central Time, on the 1St day of October, 2008 and shall remain in full force and effect until the 30th day of September, 2009 unless otherwise canceled as provided in the previous paragraph. This agreement is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable state and federal laws. 11) This agreement constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This agreement may be amended only by a written instrument signed by all parties, and shall be governed by and construed in accordance with the laws of the State of Texas. 2 • t. EXECUTED IN DUPLICATE ORIGINALS, as of this the day of , 20_ Agreed o by TY O i A PORTE By: Ron Bottoms, City Manager Attest: arth�� 014(Z/ a Gillett, City Secretary Agreed t• .y COMP;. Y • A.a ed Represen .tive 3 LETTER AGREEMENT This Letter Agreement is made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the (Company Name) 60L..f% 5rA-rc, f 4-Tcs?M4L-s a private industrial operation and/or business located within the Battleground Industrial District of Harris County, Texas hereinafter referred to as "COMPANY", COMPANY is in need of emergency medical services for the benefit of the people and property located at COMPANY'S facility or facilities within the Battleground Industrial District. The City of La Porte has expressed its willingness to provide such emergency medical services to COMPANY, upon the terms, conditions, and covenants described as follows: 1) It is hereby agreed that for and during the year beginning on the 1st day of October, 2008, and ending on the 30th day of September, 2009, LA PORTE will furnish to COMPANY emergency medical services consisting of ambulance / EMT-P response and assistance, and transportation to hospitals, as necessary. 2) LA PORTE shall transport patients to one of the nearest hospitals that provides emergency services as defined by the "Transport Policy" of the City of La Porte Emergency Medical Services, a copy of which is available at the LA PORTE EMS Headquarters. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council, and codified in the La Porte Code of Ordinances Chapter 30, Appendix A. 3) For and in consideration of the governmental services to be provided by LA PORTE under this letter agreement, COMPANY agrees to pay LA PORTE the annual sum listed on the completed ambulance service invoice, which will be forwarded to COMPANY. The annual fee to be assessed on the ambulance service invoice shall be based on a $20.19 per person fee, and shall be paid in full by the facility or business to LA PORTE, on or before the 1st day of October, 2008. 4) COMPANY agrees that the cost of the services provided under this agreement shall be based on an Average Daily Population ("ADP") of personnel working at the COMPANY, and will be subject to an annual cost adjustment. The formula for cost of adjustment under this agreement shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the agreement year, and shall be subject to review and adjustment annually, commencing October 1, 2009. 5) A COMPANY which is in default of its payments to LA PORTE hereunder, shall be subject to a "Non-Member Fee" of Fifteen Hundred Dollars ($1500.00) per EMS response as provided in LA PORTE's Emergency Medical Service Fee Ordinance, codified in the La Porte Code of Ordinances Chapter 30, Appendix A. LA PORTE will forward an invoice to COMPANY within 30 days after the rendering of any service to which the "Non-Member Fee" applies. 6) Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA a PORTE's Emergency Medical Services) and dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. 7) LA PORTE agrees to operate its ambulances in accordance with the requirements of the State and Federal law, and applicable municipal or county ordinances, as the same now exists, and as may be amended from time to time hereafter. 8) During the term of this Agreement and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; and ($300,000.00) for each accident. Furthermore, LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall also maintain collision and liability insurance on the ambulances, with at least maximum limits of($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; ($300,000.00) for each single occurrence for bodily injury or death; and uninsured and under-insured motorists coverage providing at least ($100,000.00) for each person, and ($300,000.00) for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq. of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. 9) This agreement shall remain in effect after September 30, 2009 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. Either the COMPANY or LA PORTE may cancel this agreement without cause, so long as said 90 days notice is first given. Such notice shall be sent by LA PORTE to COMPANY at ee9 e 14 2 s 1.4Ai,.7-E Tic TT57 z . Such notice shall be sent by the COMPANY to LA PORTE at 604 West Fairmont Parkway, La Porte, Texas, 77571, Attention: City Manager. 10) This agreement shall become effective at 12:00 A.M. Central Time, on the 1st day of October, 2008 and shall remain in full force and effect until the 30th day of September, 2009 unless otherwise canceled as provided in the previous paragraph. This agreement is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable state and federal laws. 11) This agreement constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This agreement may be amended only by a written instrument signed by all parties, and shall be governed by and construed in accordance with the laws of the State of Texas. 2 EXECUTED IN DUPLICATE ORIGINALS, as of this the day of , 20_ Agreed to y the F L• PotRTE By: Ron Bottoms, City Manager Attest: t€ J1I/ Martaa Gillett, City Secretary Agreed to by COMPANY By: i<<-►c..e Authorized Representative 3 LETTER AGREEMENT This Letter Agreement is made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the (Company Name) , a private industrial operation and/or business located within the Battleground Industrial District of Harris County, Texas hereinafter referred to as "COMPANY", COMPANY is in need of emergency medical services for the benefit of the people and property located at COMPANY'S facility or facilities within the Battleground Industrial District. The City of La Porte has expressed its willingness to provide such emergency medical services to COMPANY, upon the terms, conditions, and covenants described as follows: 1) It is hereby agreed that for and during the year beginning on the 1St day of October, 2008, and ending on the 30th day of September, 2009, LA PORTE will furnish to COMPANY emergency medical services consisting of ambulance / EMT-P response and assistance, and transportation to hospitals, as necessary. 2) LA PORTE shall transport patients to one of the nearest hospitals that provides emergency services as defined by the "Transport Policy" of the City of La Porte Emergency Medical Services, a copy of which is available at the LA PORTE EMS Headquarters. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council, and codified in the La Porte Code of Ordinances Chapter 30, Appendix A. 3) For and in consideration of the governmental services to be provided by LA PORTE under this letter agreement, COMPANY agrees to pay LA PORTE the annual sum listed on the completed ambulance service invoice, which will be forwarded to COMPANY. The annual fee to be assessed on the ambulance service invoice shall be based on a $20.19 per person fee, and shall be paid in full by the facility or business to LA PORTE, on or before the 1st day of October, 2008. 4) COMPANY agrees that the cost of the services provided under this agreement shall be based on an Average Daily Population ("ADP") of personnel working at the COMPANY, and will be subject to an annual cost adjustment. The formula for cost of adjustment under this agreement shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the agreement year, and shall be subject to review and adjustment annually, commencing October 1, 2009. 5) A COMPANY which is in default of its payments to LA PORTE hereunder, shall be subject to a "Non-Member Fee" of Fifteen Hundred Dollars ($1500.00) per EMS response as provided in LA PORTE's Emergency Medical Service Fee Ordinance, codified in the La Porte Code of Ordinances Chapter 30, Appendix A. LA PORTE will forward an invoice to COMPANY within 30 days after the rendering of any service to which the "Non-Member Fee" applies. 6) Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE's Emergency Medical Services) and dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. 7) LA PORTE agrees to operate its ambulances in accordance with the requirements of the State and Federal law, and applicable municipal or county ordinances, as the same now exists, and as may be amended from time to time hereafter. 8) During the term of this Agreement and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; and ($300,000.00) for each accident. Furthermore, LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall also maintain collision and liability insurance on the ambulances, with at least maximum limits of($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; ($300,000.00) for each single occurrence for bodily injury or death; and uninsured and under-insured motorists coverage providing at least ($100,000.00) for each person, and ($300,000.00) for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq. of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. 9) This agreement shall remain in effect after September 30, 2009 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. Either the COMPANY or LA PORTE may cancel this agreement without cause, so long as said 90 days notice is first given. Such notice shall be sent by LA PORTE to COMPANY at 11 C125S— 14-U-)1 o 7-1775>7/ . Such notice shall be sent by the COMPANY to LA PORTE at 604 West Fairmont Parkway, La Porte, Texas, 77571, Attention: City Manager. 10) This agreement shall become effective at 12:00 A.M. Central Time, on the 1st day of October, 2008 and shall remain in full force and effect until the 30th day of September, 2009 unless otherwise canceled as provided in the previous paragraph. This agreement is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable state and federal laws. 11) This agreement constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This agreement may be amended only by a written instrument signed by all parties, and shall be governed by and construed in accordance with the laws of the State of Texas. 2 EXECUTED IN DUPLICATE ORIGINALS, as of this the day of , 20_ Agreed to .y the 'Y OF L PORTE By: 1 4 Ron Bottoms, City Manager Attest: M a Gillett, City Secretary Agreed to by COMPAN By: /, 61.14"-C. Authorized Representative 3 LETTER AGREEMENT This Letter Agreement is made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the (Company Name) PRA?At(Z , ( niC , a private industrial operation and/or business located within the Battleground Industrial District of Harris County, Texas hereinafter referred to as "COMPANY", COMPANY is in need of emergency medical services for the benefit of the people and property located at COMPANY'S facility or facilities within the Battleground Industrial District. The City of La Porte has expressed its willingness to provide such emergency medical services to COMPANY, upon the terms, conditions, and covenants described as follows: 1) It is hereby agreed that for and during the year beginning on the 1St day of October, 2008, and ending on the 30th day of September, 2009, LA PORTE will furnish to COMPANY emergency medical services consisting of ambulance / EMT-P response and assistance, and transportation to hospitals, as necessary. 2) LA PORTE shall transport patients to one of the nearest hospitals that provides emergency services as defined by the "Transport Policy" of the City of La Porte Emergency Medical Services, a copy of which is available at the LA PORTE EMS Headquarters. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council, and codified in the La Porte Code of Ordinances Chapter 30, Appendix A. 3) For and in consideration of the governmental services to be provided by LA PORTE under this letter agreement, COMPANY agrees to pay LA PORTE the annual sum listed on the completed ambulance service invoice, which will be forwarded to COMPANY. The annual fee to be assessed on the ambulance service invoice shall be based on a $20.19 per person fee, and shall be paid in full by the facility or business to LA PORTE, on or before the 1st day of October, 2008. 4) COMPANY agrees that the cost of the services provided under this agreement shall be based on an Average Daily Population ("ADP") of personnel working at the COMPANY, and will be subject to an annual cost adjustment. The formula for cost of adjustment under this agreement shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the agreement year, and shall be subject to review and adjustment annually, commencing October 1, 2009. 5) A COMPANY which is in default of its payments to LA POR IL hereunder, shall be subject to a "Non-Member Fee" of Fifteen Hundred Dollars ($1500.00) per EMS response as provided in LA PORTE's Emergency Medical Service Fee Ordinance, codified in the La Porte Code of Ordinances Chapter 30, Appendix A. LA PORTE will forward an invoice to COMPANY within 30 days after the rendering of any service to which the "Non-Member Fee" applies. 6) Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE's Emergency Medical Services) and dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. 7) LA PORTE agrees to operate its ambulances in accordance with the requirements of the State and Federal law, and applicable municipal or county ordinances, as the same now exists, and as may be amended from time to time hereafter. 8) During the term of this Agreement and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; and ($300,000.00) for each accident. Furthermore, LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall also maintain collision and liability insurance on the ambulances, with at least maximum limits of($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; ($300,000.00) for each single occurrence for bodily injury or death; and uninsured and under-insured motorists coverage providing at least ($100,000.00) for each person, and ($300,000.00) for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq. of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. 9) This agreement shall remain in effect after September 30, 2009 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. Either the COMPANY or LA PORTE may cancel this agreement without cause, so long as said 90 days notice is first given. Such notice shall be sent by LA PORTE to COMPANY at Ca box 1927 1.4 Po KTE, TX 7 75 la . Such notice shall be sent by the COMPANY to LA PORTE at 604 West Fairmont Parkway, La Porte, Texas, 77571, Attention: City Manager. 10) This agreement shall become effective at 12:00 A.M. Central Time, on the 1st day of October, 2008 and shall remain in full force and effect until the 30th day of September, 2009 unless otherwise canceled as provided in the previous paragraph. This agreement is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable state and federal laws. 11) This agreement constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This agreement may be amended only by a written instrument signed by all parties, and shall be governed by and construed in accordance with the laws of the State of Texas. 2 EXECUTED IN DUPLICATE ORIGINALS, as of this the day of s✓Cc �.J�c�3��1 , 20a . Agreed t• .y the ' "i Y OF • PORTE By: Ron Bottoms, City Manager Attest: 7/G► .G% 1 Martha Gillett, City Secretary Agreed to b0 ANY By: Authorized Representative 3 LETTER AGREEMENT This Letter Agreement is made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, e as, hereinafter referred to as "LA PORTE" and the (Company Name) ��e�nn�� C�C���'�iCtr , a private industrial operation and/or business located within the'Battleground Industrial District of Harris County, Texas hereinafter referred to as "COMPANY", COMPANY is in need of emergency medical services for the benefit of the people and property located at COMPANY'S facility or facilities within the Battleground Industrial District. The City of La Porte has expressed its willingness to provide such emergency medical services to COMPANY, upon the terms, conditions, and covenants described as follows: 1) It is hereby agreed that for and during the year beginning on the 1St day of October, 2008, and ending on the 30th day of September, 2009, LA PORTE will furnish to COMPANY emergency medical services consisting of ambulance / EMT-P response and assistance, and transportation to hospitals, as necessary. 2) LA PORTE shall transport patients to one of the nearest hospitals that provides emergency services as defined by the "Transport Policy" of the City of La Porte Emergency Medical Services, a copy of which is available at the LA PORTE EMS Headquarters. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council, and codified in the La Porte Code of Ordinances Chapter 30, Appendix A. 3) For and in consideration of the governmental services to be provided by LA PORTE under this letter agreement, COMPANY agrees to pay LA PORTE the annual sum listed on the completed ambulance service invoice, which will be forwarded to COMPANY. The annual fee to be assessed on the ambulance service invoice shall be based on a $20.19 per person fee, and shall be paid in full by the facility or business to LA PORTE, on or before the 1st day of October, 2008. 4) COMPANY agrees that the cost of the services provided under this agreement shall be based on an Average Daily Population ("ADP") of personnel working at the COMPANY, and will be subject to an annual cost adjustment. The formula for cost of adjustment under this agreement shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the agreement year, and shall be subject to review and adjustment annually, commencing October 1, 2009. 5) A COMPANY which is in default of its payments to LA PORTE hereunder, shall be subject to a "Non-Member Fee" of Fifteen Hundred Dollars ($1500.00) per EMS response as provided in LA PORTE's Emergency Medical Service Fee Ordinance, codified in the La Porte Code of Ordinances Chapter 30, Appendix A. LA PORTE will forward an invoice to COMPANY within 30 days after the rendering of any service to which the "Non-Member Fee" applies. 6) Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE's Emergency Medical Services) and dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. 7) LA PORTE agrees to operate its ambulances in accordance with the requirements of the State and Federal law, and applicable municipal or county ordinances, as the same now exists, and as may be amended from time to time hereafter. 8) During the term of this Agreement and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; and ($300,000.00) for each accident. Furthermore, LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall also maintain collision and liability insurance on the ambulances, with at least maximum limits of($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; ($300,000.00) for each single occurrence for bodily injury or death; and uninsured and under-insured motorists coverage providing at least ($100,000.00) for each person, and ($300,000.00) for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq. of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. 9) This agreement shall remain in effect after September 30, 2009 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. Either the COMPANY or LA PORTE may cancel this agreement without cause, so long as said 90 days rotice is first given. Such notice shall be sent by LA PORTE to COMPANY at a 59 0 Lc. 'oc-t2 71 5 . Such notice shall be sent by the COMPANY to LA PORTE at .04 West Fairmont Parkway, La Porte, Texas, 77571, Attention: City Manager. 10) This agreement shall become effective at 12:00 A.M. Central Time, on the 1St day of October, 2008 and shall remain in full force and effect until the 30th day of September, 2009 unless otherwise canceled as provided in the previous paragraph. This agreement is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable state and federal laws. 11) This agreement constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This agreement may be amended only by a written instrument signed by all parties, and shall be governed by and construed in accordance with the laws of the State of Texas. 2 EXECUTED IN DUPLICATE ORIGINALS, as of this the day of , 20_ Agreed to .y the. .TY •F LA PORTE By: • Ron Bottoms, City Manager (1)Atar7 Attest: Martha Gillett, City Secretary Agreed to by COMPANY By: Authorized Representative 3 LETTER AGREEMENT This Letter Agreement is made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the (Company Name) is 4k44,/ A;4,2-0-- �,,.,,"/ L , a private industrial operation and/or business located within the Battleground Industrial District of Harris County, Texas hereinafter referred to as "COMPANY", COMPANY is in need of emergency medical services for the benefit of the people and property located at COMPANY'S facility or facilities within the Battleground Industrial District. The City of La Porte has expressed its willingness to provide such emergency medical services to COMPANY, upon the terms, conditions, and covenants described as follows: 1) It is hereby agreed that for and during the year beginning on the 1St day of October, 2008, and ending on the 30th day of September, 2009, LA PORTE will furnish to COMPANY emergency medical services consisting of ambulance / EMT-P response and assistance, and transportation to hospitals, as necessary. 2) LA PORTE shall transport patients to one of the nearest hospitals that provides emergency services as defined by the "Transport Policy" of the City of La Porte Emergency Medical Services, a copy of which is available at the LA PORTE EMS Headquarters. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council, and codified in the La Porte Code of Ordinances Chapter 30, Appendix A. 3) For and in consideration of the governmental services to be provided by LA PORTE under this letter agreement, COMPANY agrees to pay LA PORTE the annual sum listed on the completed ambulance service invoice, which will be forwarded to COMPANY. The annual fee to be assessed on the ambulance service invoice shall be based on a $20.19 per person fee, and shall be paid in full by the facility or business to LA PORTE, on or before the 1st day of October, 2008. 4) COMPANY agrees that the cost of the services provided under this agreement shall be based on an Average Daily Population ("ADP") of personnel working at the COMPANY, and will be subject to an annual cost adjustment. The formula for cost of adjustment under this agreement shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the agreement year, and shall be subject to review and adjustment annually, commencing October 1, 2009. 5) A COMPANY which is in default of its payments to LA PORTE hereunder, shall be subject to a "Non-Member Fee" of Fifteen Hundred Dollars ($1500.00) per EMS response as provided in LA POR1E's Emergency Medical Service Fee Ordinance, codified in the La Porte Code of Ordinances Chapter 30, Appendix A. LA PORTE will forward an invoice to COMPANY within 30 days after the rendering of any service to which the "Non-Member Fee" applies. 6) Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA • 'PORTE's Emergency Medical Services) and dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. 7) LA PORTE agrees to operate its ambulances in accordance with the requirements of the State and Federal law, and applicable municipal or county ordinances, as the same now exists, and as may be amended from time to time hereafter. 8) During the term of this Agreement and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; and ($300,000.00) for each accident. Furthermore, LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall also maintain collision and liability insurance on the ambulances, with at least maximum limits of($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; ($300,000.00) for each single occurrence for bodily injury or death; and uninsured and under-insured motorists coverage providing at least ($100,000.00) for each person, and ($300,000.00) for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq. of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. 9) This agreement shall remain in effect after September 30, 2009 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. Either the COMPANY or LA PORTE may cancel this agreement without cause, so long as said 90 days notice is first given. Such notice shall be sent by LA PORTE to COMPANY at -7 3.= 4s .4-0/ Tx 7?5-7/ . Such notice shall be sent by the COMPANY to LA PORTE at 604 West Fairmont Parkway, La Porte, Texas, 77571, Attention: City Manager. 10) This agreement shall become effective at 12:00 A.M. Central Time, on the 1st day of October, 2008 and shall remain in full force and effect until the 30th day of September, 2009 unless otherwise canceled as provided in the previous paragraph. This agreement is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable state and federal laws. 11) This agreement constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This agreement may be amended only by a written instrument signed by all parties, and shall be governed by and construed in accordance with the laws of the State of Texas. 2 EXECUTED IN DUPLICATE ORIGINALS, as of this the day of , 20 Agreed to .y th; Y •F A PORTE By: . Ron Bottoms, City Manager Attest: LlieQCG2%(', Martha Gillett, City Secretary Agreed to by COMPANY By: ,/(7 Authorized Representative 3 LETTER AGREEMENT This Letter Agreement is made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harri County, Texas, hereinafter referred to as "LA PORTE" and the (Company Name) GJ CA , a private industrial operation and/or business located within the Battleground Industrial District of Harris County, Texas hereinafter referred to as "COMPANY", COMPANY is in need of emergency medical services for the benefit of the people and property located at COMPANY'S facility or facilities within the Battleground Industrial District. The City of La Porte has expressed its willingness to provide such emergency medical services to COMPANY, upon the terms, conditions, and covenants described as follows: 1) It is hereby agreed that for and during the year beginning on the 1St day of October, 2008, and ending on the 30th day of September, 2009, LA PORTE will furnish to COMPANY emergency medical services consisting of ambulance / EMT-P response and assistance, and transportation to hospitals, as necessary. 2) LA PORTE shall transport patients to one of the nearest hospitals that provides emergency services as defined by the "Transport Policy" of the City of La Porte Emergency Medical Services, a copy of which is available at the LA PORTE EMS Headquarters. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council, and codified in the La Porte Code of Ordinances Chapter 30, Appendix A. 3) For and in consideration of the governmental services to be provided by LA PORTE under this letter agreement, COMPANY agrees to pay LA PORTE the annual sum listed on the completed ambulance service invoice, which will be forwarded to COMPANY. The annual fee to be assessed on the ambulance service invoice shall be based on a $20.19 per person fee, and shall be paid in full by the facility or business to LA PORTE, on or before the 1st day of October, 2008. 4) COMPANY agrees that the cost of the services provided under this agreement shall be based on an Average Daily Population ("ADP") of personnel working at the COMPANY, and will be subject to an annual cost adjustment. The formula for cost of adjustment under this agreement shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the agreement year, and shall be subject to review and adjustment annually, commencing October 1, 2009. 5) A COMPANY which is in default of its payments to LA PORTE hereunder, shall be subject to a "Non-Member Fee" of Fifteen Hundred Dollars ($1500.00) per EMS response as provided in LA PORTE's Emergency Medical Service Fee Ordinance, codified in the La Porte Code of Ordinances Chapter 30, Appendix A. LA PORTE will forward an invoice to COMPANY within 30 days after the rendering of any service to which the "Non-Member Fee" applies. 6) Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE's Emergency Medical Services) and dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. 7) LA PORTE agrees to operate its ambulances in accordance with the requirements of the State and Federal law, and applicable municipal or county ordinances, as the same now exists, and as may be amended from time to time hereafter. 8) During the term of this Agreement and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; and ($300,000.00) for each accident. Furthermore, LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall also maintain collision and liability insurance on the ambulances, with at least maximum limits of($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; ($300,000.00) for each single occurrence for bodily injury or death; and uninsured and under-insured motorists coverage providing at least ($100,000.00) for each person, and ($300,000.00) for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq. of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. 9) This agreement shall remain in effect after September 30, 2009 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. Either the COMPANY or LA PORTE may cancel this agreement without cause, so long as said 90 days notice is first given. Such notice shall be sent by LA PORTE to COMPANY at NAG, t u- 14 Lie', '7 ��2 . Such notice shall be sent by the COMPANY to LA PORTS at 604 West Fairmont Parkway, La Porte, Texas, 77571, Attention: City Manager. 10) This agreement shall become effective at 12:00 A.M. Central Time, on the 1st day of October, 2008 and shall remain in full force and effect until the 30th day of September, 2009 unless otherwise canceled as provided in the previous paragraph. This agreement is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable state and federal laws. 11) This agreement constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This agreement may be amended only by a written instrument signed by all parties, and shall be governed by and construed in accordance with the laws of the State of Texas. 2 EXECUTED IN DUPLICATE ORIGINALS, as of this the day of , 20^ Agreed to b, the '' O • PORTE By: _ 4 Ron Bottoms, City Manager Attest: Martha Gillett, City Secretary Agreed to by CO ANY r By: yl ; t Authorized Representative 3 C REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 25,20.08 Appropriation % Requested By: S. Gillett ' f,'�/4• Source of Funds: N/A Department: Public Works Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Agreement Budgeted Item: N/A Exhibits SUMMARY & RECOMMENDATION TxDOT is replacing the bridge on South Broadway ay Little Cedar Bayou in the near future. The city operates an eight inch (8") waterline adjacent to the bridge on the east side. The existing waterline is on wooden pilings, which will need to be removed to accommodate the wider span to be constructed. TxDOT has agreed to provide hangers for the future location of the waterline. During construction, the city will remove the existing line. The contractor will remove the existing pilings. When the bridge is complete, the line will be hung from supports built into the new bridge. The absence of this section of line during construction will have no effect on water pressure or quality. The ordinance authorizes the execution of the Utility Attachment Agreement for On-System Bridges. Action Required by Council: Approve an ordinance authorizing the city Manager to execute a t ity Attachment Agreement for On-System Bridges. As s r ed for • Council Agenda 61)94 RonRon Botto , 1t' anager ate ORDINANCE NO. 2008- 30Rt° AN ORDINANCE APPROVING AND AUTHORIZING A UTILITY ATTACHMENT AGREEMENT FOR ON-SYSTEM BRIDGES BETWEEN THE CITY OF LA PORTE AND THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR ATTACHMENT OF A CITY WATERLINE TO THE PROPOSED BRIDGE REPLACEMENT PROJECT ON SOUTH BROADWAY AT LITTLE CEDAR BAYOU; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE : Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte . The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents . Section 2 . The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof . Section 3 . This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 25th day of August, 2008 . TY OF LA TE By: Alton E. Porter, Mayor ATTEST: M rt a A. Gillett City Secretary APPROVED: Knox W. Askins City Attorney 2 CITY OF LA PORTE PUBLIC WORKS DEPARTMENT Menlo To: Martha Gillett From: Steve Gillett, Director of Public Works CC: Date: October 23, 2008 Re: Signed Contract from TxDOT Attached please find the original executed agreement from TxDOT approved by City Council on August 25,2008. It was Item C on the consent agenda. R -6)1 9•S* Rns radd: \14tilk •Page 1 = * Ar Texas Department of Transportation P.O. BOX 1386• HOUSTON,TEXAS 77251-1386• (713) 802-5000 September 29, 2008 CONTACT:DOM Bridge Attachment Harris County BS 146 D at Little Cedar Bayou Bridge Control Section 389-15 Mr. Steve Gillett Director of Public Works City of La Porte 2963 North 23rd Street La Porte, Texas 77571 Dear Mr. Gillett: Attached is one executed bridge attachment agreement covering the installation, operation, and maintenance of an eight-inch water line at the BS 146 D at Little Cedar Bayou Bridge. If you have any questions, please contact Mr. Leonard E. Polk, P.E., Maintenance Support Engineer, at(713) 802-5554. Sincerely, 04J it Michael W. Alford, P.E. Director of Maintenance Houston District LEP Attachments cc: Mr. Leonard E. Polk, P.E. THE TEXAS PLAN REDUCE CONGESTION •ENHANCE SAFETY•EXPAND ECONOMIC OPPORTUNITY• IMPROVE AIR QUALITY INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS An Equal Opportunity Employer CSJ: 0389-15-014 District: Houston - 12 Code Chart 64: 23900 NBI # 12-102-0-0389-15-346 THE STATE OF TEXAS § COUNTY OF TRAVIS § ORIGINAL UTILITY ATTACHMENT AGREEMENT FOR ON-SYSTEM BRIDGES THIS AGREEMENT BY AND BETWEEN the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of La Porte, a home-rule municipality of the State of Texas hereinafter called the "City", acting by and through its City Council and by virtue of the authority shown on Exhibit B, attached hereto and made a part hereof. WITNESSETH WHEREAS, Transportation Code, Chapter 203, Subchapter E, Transportation Code §227.015, Transportation Code, §203.092 authorize the State to regulate the placement of public utility facilities along a state highway; and, WHEREAS, the State owns a bridge on BS 146 D over Little Cedar Bayou in Harris County, Texas, and the City desires to use the bridge for the purpose of installing, attaching thereto, and supporting an 8-inch water line; and WHEREAS, it would be difficult and costly for the City to carry its facilities on an independent structure; and WHEREAS, the bridge is capable of supporting the load imposed by the attachment when carried as indicated on Exhibit A, attached hereto and made a part hereof. NOW, THEREFORE, in consideration of the premises and of mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and City agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and City will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. This agreement is to continue in force for as long as the City, its successors or assignees maintain and operate said 8- Version UAcity-01 Page 1 of 5 Date: 11/1/06 CSJ: 0389-15-014 District: Houston - 12 Code Chart 64: 23900 NBI# 12-102-0-0389-15-346 inch water line attached to said bridge, in actual use or in reserve for future use, unless terminated sooner pursuant to terms of this agreement. Article 2. Project Funding and Work Responsibilities The City shall, at its own expense, provide the necessary conduit, fittings, brackets, plates, and/or other materials for the installation. All labor, tools, equipment and incidental items shall be furnished by the City, which shall assume the entire cost of the work authorized hereunder, to the extent permitted by law. Any future relocation of the installation due to highway construction or reconstruction shall be made without cost to the State. The City also agrees to install and maintain its facilities so as not to inconvenience or interfere with highway traffic and shall comply with governing laws and the policies and procedures of the State. Traffic control measures shall be in accordance with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways. The City shall notify the State at least 48 hours prior to the commencement of any installation or maintenance activity in the event inspection by State forces is considered necessary. Should the City fail to maintain its facilities in a condition acceptable to the State, the State, after notifying the City, will perform the required maintenance and bill the City for the cost thereof or take other appropriate action to ensure the safety and convenience of motorists. The City may request for the State to include the engineering, materials, and/or installation of the attachment in an associated State let construction contract. The City also agrees to reimburse the State for all associated costs with said utility attachment. Exhibit C of this agreement provides an estimated cost to the State. Article 3. Termination This agreement may be terminated in the following manner: • by mutual written agreement and consent of both parties • by either party upon the failure of the other party to fulfill the obligations set forth herein • by the State if it determines that the performance of the Project or utility work is not in the best interest of the State. If the agreement is terminated in accordance with the above provisions, City will be responsible for the payment of Project costs incurred by the State on behalf of City up to the time of termination. Article 4. Right of Access The State hereby grants to the City the right, privilege and authority to install, operate and maintain the 8-inch water line as shown on Exhibit A. Version UAcity-01 Page 2 of 5 Date: 11/1/06 CSJ: 0389-15-014 District: Houston- 12 Code Chart 64: 23900 NBI# 12-102-0-0389-15-346 It is expressly understood that the State does not purport hereby to grant any right, title, or easement in or upon this highway. It is further understood that the State may require the City, at the entire cost of the City, and to the extent permitted by law, to temporarily or permanently remove any installation made by virtue of this agreement, subject to the provisions of governing laws, by giving written notice, when such removal is necessary to repair, construct, reconstruct, and/or make changes in said bridge, provided reasonable time shall be allowed the City to secure the materials and make necessary changes. It is understood and agreed, however, that in the event of abandonment by the State or the destruction of all or a part of said bridge by flood, fire, or other causes, the State shall be under no obligation to furnish any facilities to the City under this agreement. Article 5. Responsibilities of the Parties and Indemnity City acknowledges that it is not an agent, servant, employee of the State, nor is it engaged in a joint enterprise, and it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. To the extent permitted by law, City agrees to indemnify and hold harmless the State, its agents and employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any person or property in consequence with the performance of design, construction, installation, existence, use, maintenance, operation, or removal of the utility facility and does hereby agree to indemnify the State against all court costs, attorney fees and all expenses in connection with suits for damage and shall, if so requested in writing, assist or relieve the State from defending any such suits brought against it. Such indemnity includes but is not limited to any claims or amounts arising or recovered under the "Worker's Compensation Law", the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as time to time may be amended. The City also agrees to pay all damages accruing to the State, to the extent permitted by law, by reason by injuries to the right of way, roadbed, pavement and/or bridge owned by the State, when such damages are caused by the installation, existence, use, maintenance, or removal of the City's facilities from the property of the State. Article 6. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between City and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 7. Successors and Assigns The State and City each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Version UAcity-01 Page 3 of 5 Date: 11/1/06 CSJ: 0389-15-014 District: Houston - 12 Code Chart 64: 23900 NBI # 12-102-0-0389-15-346 Article 8. Amendments By mutual written consent of the parties, the scope of work and payment provisions of this agreement may be amended prior to its expiration. Article 9. Inspection and Conduct of Work The State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All work will be performed in accordance with the Utility Accommodation Rules as set forth in 43 Texas Administrative Code §21.31 et. seq. adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 10. Maintenance Upon completion of the Project, the City will assume responsibility for the maintenance of the completed utility facility on the bridge. Article 11. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: City: State: Steve Gillett, Director Mr. Gary K Trietsch, P.E. District Engineer City of.;LaaPorte - Public Works Texas Department of Transportation 2963 N. 23rd P.O. Box 1386 Houston, Texas La Porte, Texas 77571 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 12. State Auditor's Provision The State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a Version UAcity-01 Page 4 of 5 Date: 11/1/06 CSJ: 0389-15-014 District: Houston - 12 Code Chart 64: 23900 NBI # 12-102-0-0389-15-346 subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. Article 13. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE CITY have executed duplicate counterparts to effectuate this agreement. FOR CITY Name By 7- Date O S1 CM Typed or Print: ame and Title Ron Bottoms City Manager Attest: By4 411-Crit 3V-Lt t Date l A-S1 0(S THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Date 9— Willia m R. Cox, P.E. Director, Bridge Division Version UAcity-01 Page 5 of 5 Date: 11/1/06 D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested:August 25,2008 Approariation Requested By: Ron Bottoms,City Manager Source of Funds: Hotel/Motel Department: Administration Account Number: 03760465106016 Report: Resolution: Ordinance: X Amount Budgeted: 555,000 Exhibits: Ordinance 2008- Amount Requested: $55,000 Exhibits: Agreement Budgeted Item: Yes Exhibits: SUMMARY & RECOMMENDATION At the July 28 Council meeting,staff reported that during negotiations,it was agreed to renew the agreement with the Chamber at a base contribution of$55,000 per year with no additional annual allocations.Based on the attached report,the Sylvan Beach Festival has had an increase in net income since the City's$30,000 annual contribution to the Chamber for this special event.Another change in the Agreement is the date for which the Chamber should submit to the City,their budget.The first year of the 3-year Agreement remains in October,but the remaining 2 years should be submitted by July 5th in order for it to be reviewed before the City's budget process. The contract between the City of La Porte and the La Porte-Bayshore Chamber of Commerce will expire September 30,2008. Therefore,staff recommends Council approve renewal of an agreement with the La Porte-Bayshore Chamber of Commerce for a base contribution not to exceed$55,000 per year. Action Required by Council: C' i ider a •royal of an ordinance approving an agreement between the City and the La Porte-Bayshore Chamber of ommerce. i i A edWEFT ncil A.enda (91,4e Ron Bottoms, City Manager Date ORDINANCE NO. 2008- 3 oen AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE-BAYSHORE CHAMBER OF COMMERCE; MAILING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially fmds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED,this 25th day of August, 2008. YOFLAPO By: Alton E. Porter, Mayor ATTEST: LInattiLtOlia City Secretary APPRO D: JA17A4 City Attorney E REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:August 25,2008 Source of Funds: N/A Requested By: Tim Tietjens Account Number: N/A Department:Planning Amount Budgeted: N/A Report: Resolution: Ordinance: X Amount Requested: N/A Exhibits: Budgeted Item:_YES ../L_NO 1. Ordinance for Industrial District Agreement 2. Industrial District Agreement 3. Ord.for Water&Sewer Service Agreements 4. Water Service Agreement 5. Sanitary Sewer Service Agreement 6. Area Map SUMMARY & RECOMMENDATION Vantage Companies, Houston Division has recently sold its property located at the southeast corner of Fairmont Parkway and Underwood Road in Bayport North Industrial Park II, Bayport Industrial District. The property's new owner has requested that all current agreements for the property (under Vantage Development#39) be assigned to Bayport II Mountain West Houston, LLC. The terms and conditions of the current Industrial District Agreement (IDA), Water Service Agreement (WSA) and Sanitary Sewer Service Agreement(SSSA)will remain unchanged. The term of the agreements are valid through December 31, 2019, plus any renewals and extensions thereof. However, the agreements shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if the city exercises the right of termination. Action Required of Council: A.*rove an ordinance authorizing the City to enter into an Industrial District Agreement, Water Service g - -ment and Sanitary Sewer Service Agreement with Bayport II Mountain West Houston, LLC • I Ai for r.i ouncil A.ends 411 7/38 Ron Bottoms, City Manager Date ORDINANCE NO. 2007-IDA- MO ( 30gg ) AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYPORT II MOUNTAIN WEST HOUSTON, LLC, FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE : Section 1. BAYPORT II MOUNTAIN WEST HOUSTON, LLC, has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2008 , and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes . Section 2 . The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof . Section 3 . The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof . Section 4 . This Ordinance shall be effective from and after its passage and approval, and it is so ordered. /09/7-1 PASSED AND APPROVED, this 25th day of August, 2008 . CITY OF LA PORTE By: )-)( -\+e Alton E. Porter ATTEST: M rt 44Gillett City Secretary APPROVED: Clark T. Askins, City Attorney 2 F REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 25,2008 Appropriation Requested By: Ron Bottoms Source of Funds: Department:City Manager's Office Account Number: Report:_Resolution:_Ordinance:X Amount Budgeted: Exhibits: Ordinances Amount Requested: Exhibits: Industrial District Agreement Budgeted Item: (YES) NO Exhibits: SUMMARY & RECOMMENDATION The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve year period. The current agreements expired on December 31, 2007,the common date for the Battleground and Bayport Industrial Districts. This property was a split from Goodyear in late 2007 and the previously signed Industrial Agreement and was approved in October 2007. A new company was formed from this split and requires a new Industrial District Contract. Staff recommends City Council authorize the execution of Industrial District Agreement with the following industry: • Ordinance No.2007-IDA-109 US Industrial REIT II Action Required by Council: Consider approval of the ordinance 2007-IDA-109 authorizing the execution by the City of La Porte of Industrial is •ct Agreement listed above. A•,. ov• • i Council Agenda R di v� Ron Bottoms,City Manager Date 7/ 8 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested:August 25,2008 Appropriation Requested By: Michael Dolby,CPA("----' Source of Funds: N/A Department: Finance Account Number: N/A Report: Resolution: Ordinance: Amount Budgeted: N/A Exhibits: Notice of Public Hearing Amount Requested: N/A Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY& RECOMMENDATION In accordance with Article IV, Section 4.03 of the City's Charter, Council shall determine the place and time of the Public Hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven (7) days after date of publication, at which council will hold a Public Hearing on the proposed budget. On July 14th, Council approved that a Public Hearing for the Fiscal Year 2008-2009 Proposed Budget be held on Monday, August 25, 2008, at the regularly scheduled Council meeting, which begins at 6:00 p.m. Action Required by Council: Conduct the Public Hearing on the City's FY 2008-2009 Proposed Budget. AI I Ap$ o • i'Mni ouncil Agenda 4 Ron Bottoms, " ity Managerill( THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of La Porte will hold a Public Hearing on the 25th day of August 2008, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, beginning at 6:00 P.M. The purpose of this hearing is to provide citizens the opportunity to comment on the overall budget. This budget will raise more total property taxes than last year's budget by $846,887, or 6.8%. It is not known at this time the amount of tax revenue to be raised from new property added to the tax roll this year because the certified tax rolls are not yet available. The City of La Porte, must, by Charter requirement, adopt its fiscal budget by September 30, 2007. Within thirty days thereafter, copies of the adopted budget will be available for public inspection and copying at the office of the City Secretary, City Hall, 604 West Fairmont Parkway, La Porte, Texas, and the La Porte Community Library, 600 South Broadway, La Porte, Texas, during normal business hours. CITY OF LA PORTE Martha A. Gillett, TRMC, CMC City Secretary { i CLASSIFIEDS F i.4 281 -471 -1234 Free Non- Comm Word Ads -20 words or less: For Sale Ads 1 Wed. Only -$7.50 • Sun. Only -$6.20 Wed. & Sun. -$13.70 Items listed in Free Ads m .10¢for each additional word limited to 20 words. Limite9 Classifieds deadline: PLACE YOU Wednesday paper- 10 a.m.Tuesday Sunday paper- 10 a,m. Friday. THE BAY S H O PUBLIC NOTICES THE STATE OF TEXAS) or lack of clearness in training room immediately SEALED BID COUNTY OF HARRIS) stating the prices in the atter the closing hour for REHABILITA CITY OF LA PORTE) bid, the city reserves the the bids on said date. An LIFT STATIC)/LA PORTE INDE- right to consider the most elevator is not available. CITY OF LA PENDENT SCHOOL DIS- NOTICE OF PUBLIC advantageous bid thereof Please contact purchas- NOTICE TO I TRICT is accepting HEARING or to reject the bid. ing at 281-470-5126 if ac- sealed proposals for an- commodations are All sealed bid nual state-required nosubmitted inch q Notice is hereby given needed. marked origins load safety inspections for that the City Council of SEALED BID#08021- duplicate on 1 five (5) elevators. CSP the City of La Porte will 2008 CITY-WIDE SIDE- No late bids will be forms and 0808-001 is due August hold a Public Hearing on WALK IN-FILL considered marked with I 18. 2008 at 2:00 PM. No the 25th day of August PROJECT and descriptio. late or faxed proposals 2008, in the Council Specifications and bid- will be receie will be considered. Send Chambers of the City CITY OF LA PORTE ding documents may be Purchasing 01 all proposals by the dead- Hall, 604 West Fairmont viewed and/or secured for N 23rd Street line to La Porte ISD, Pur- Parkway, La Porte, NOTICE TO BIDDERS Forty Dollars ($40.00) per TX, 77571 until chasingDepartment, Monday, Au, eP Texas, beginning at 6:00 set, which sum will not be 4008. , 1002 San Jacinto Street, P.M. The purpose of this All sealed bids shall be refunded, from the office La Porte, Texas, 77571. hearing is to provide citi- submitted, including one of: The bids will t Please mark the proposal zens the opportunity to marked original and one and publicly rt number on the envelope. comment on the overall duplicate on the original LJA Engineering&Sur- uastairs Pull9 g training room • Proposal packets can be budget. forms and clearly veying,Inc.,11821 East after the closin obtained by calling Pur- marked with bid number Freeway Suite 400 the bids on sail 1 chasing at 281-604-7061. This budget will and description. Bids Houston,Texas 77029 elevator is no For all other questions, will be received at 2963 N Please contact raise more total call Teresa Burnett at 23rd Street, La Porte, Plans and/or Exhibits and ing at 281-470 property taxes thancommodations 281-604-7164. TX, 77571 Attn: Susan Specifications may be ex- 1 last year's budget by Kelley, Purchasing Man- amined at the following needed i LA PORTE INDE- $846,887.00. or 6.8%. ager until 2:00 P.M. location: No late bids will b PENDENT SCHOOL DIS- It is not known at Monday, August 18, City of La Porte, 2963 N. Copies of ti TRICT is accepting this time what por- 2008. 23rd Street, La Porte, documents mat sealed proposals for pest tion of this amount Texas 77571 (281) tamed at the and termite control in- will be raised from The bids will be opened 471-9650 Claunch & I spedions. CSP and publicly read in the upon a NO 0808-002 is due August new property added Public Works upstairs A pre-bid meeting will be ABLE payment 18, 2008 at 2:00 PM. No to the tax roll this training room, 2963 N. held Monday, August 11 dollars $70.001 late or faxed proposals year because the 23rd Street, La Porte, TX 2008 at 1 :00 a.m. in the ment will& Millbe e will be considered. Send certified tax rolls are 77571, immediately after Public Works Training Claun all proposals by the dead- not yet available the closing hour for the Room, 2963 N 23rd biddinggh docuther be mailed, then line to La Porte ISD, Pur- from the Harris bids on said date. An ele- Street. La Porte. TX postage and ht chasing Department, vator is not available. 77571. All Drosoective will be added. County Appraisal 1002 San Jacinto Street, District- Please contact purchas- bidders, suppliers, etc. Claunch&Mi La Porte, Texas, 77571. ing at 281-470-5126 if ac- are encouraged to attend Please mark the proposal commodations are this meeting. 4635 South number on the envelope. The City of La Porte, needed. Freeway,Sur Proposal packets can be must, by Charter require- Houston,Texa All Bids shall be accom- obtained by calling Pur- ment, adopt its fiscal No late bids will be panied by a cashier's or Attn: John Pete budget by September 30, certified check upon a na- 713-622-4 chasingat 281-604-7061. considered. For all other questions, 2008. Within thirty days tional or state bank in the Plans can be e call Teresa Burnett at thereafter, copies of the Interested contractors amount of five percent the Public Ni 281-604-7164. adopted budget will be may obtain plans, specifi- (5%) of the total maxi- available partment an Notice of Public Meeting spection and copying rat cations and necessary mum bid price payable GenDoderal e and t thee office of the City Sec- bidding information at no without recourse to the plan rooms. Texas Parks and Wildlife retary, City Hall, 604 cost. City of La Porte, La Porte, seeks public input on the West Fairmont Parkway, Texas, or a bid bond in A Non-Mandator proposed sale of the La La Porte, Texas, and the City of La Porte the same amount from a conference to b Porte Regional Office lo- La Porte Community Li- Purchasing Division reliable surety company, the Public Wo 2963 N 23rd Street as a guarantee that bid- ing, 2963 N. 2 cated at 105 San Jacinto braxy, 600 South Broad- La X 77571 der will 'enter into a Con- La Porte, Texa Street in La Porte. Pro- way, La Porte, Texas, ceeds from the sale are to during normal business (281}281)47 47i-9650 tract. The notice of award 14,2008,at 10:00 be dedicated to the con- hours. of Contract shall be given The City of struction of a new Region A pre-bid meeting will be by the Owner within sixty hereby notifies ; 4 State Parks headquar- SEALED BID#08014- held at City Hall within the (60) days following the that in regard - ters office. Texas Parks BRASS AND Council Chambers at opening of ni is Ch ' ''�o-� THE BAYSHORE SUN • SUNDAY,AUGUST 10,2008• Page 9 E E • . ..,,,,. . ,„ ,.Y , , , .„, .,,,,.. . , , ,s-i, ercial Merchandise 'The $ F Es r , . .,.. re S� )n WednesdaysServing The Bayshore Area Since 1947 lust be $100 or less and are REPORT ERRORS PROMPTLY! ii,1 I to I ad per family per week. 'Please check your ad the first day it appears. . •In the event of an error that materially affects the meaning of an ad, i • FREE AD IN The Bayshore Sun assumes liabilitry to the extent of ONE make-good insertion. ESUN TODAY! •No claim will be allowed for more thasn one incorrect insertion. #08023- Wood Fences Hiring part-time LV N REAL ESTATE TION OF IS NO.38 & Decks care-givers WANTED TO BUY PORTS Free Estimates for 2pm-6:30pm shift $1 000 RENT/LEASE UDDERS Apply at s shall be ALM Interests Funcare Children's ding one 281-850-5489 Center sign-On 308 Apartments : and one bonus ��}..� he original Serving La Porte,Deer 10235 Fairmont Pkwy Town Apartments' � clearly Park&the Pasadena Areas La Porte ANAHUAC HEALTH- n. number 281-471-0050 in. Bids No Job Too Big CARE CENTER now Furnished Efficiencies ed at the Talk to Lacy hiring LVNS!Com- Irice, 2963 or Too Small and one bedrooms. La Porte, petitive rates&benefits 2:00 p.m. Customer Service/ available for full time Some Utilities paid sunt 25, Honey DOS Admin Assist/ employees!EOE.For NO PETS Repair Marketing/ information,call ourat: be opened Administrator or our !ad in the We install,fix,hang, Telemarketing 121 Iowa,Apt.4 b Works g DON at(409)267-3164 immediately adjust,replace,repair, Vesseeks versatile, or apply in person 210 South Iowa hour for motivate a d person who wants 9 date. An take off and put on. to grow with our firm. Mon-Fri,9am-4pm La Pow I available. Whatever,we do it. Fax resume to ANAHUAC RENT Carpentry,lighting, 281-867-0313 Healthcare Center FOR RENT 5126 if a e electrical,plumbing or email to 300 Hospital Drive and painting. 1 dlangevescoip.com Anahuac 1 Bedroom considered Specializing in Experienced Sheet CO2 t;Bla ters Meeed d ai Garage Apt. fulle �biddiinbg small jobs. Metal Building least 21 or Older. Drug Single Only • offices of 832-276-6546 Erector Needed Screen Background Adler, Inc. Check, Industrial Plant 281-455-0351 N-REFUND- For Local Contractor. Experience, Current Driv- of seventy er's License with a Clean or 281-471-1169 1. pay- DRYWALL PAINTING- Must Have Own T001s- Driving Record. CDL A made to One day service. Will fix Transportation&Pass Plus. Apply in person at Ask for Larry r, Inc. If any holes, cracks, etc. p 1110 Sens Rd., LaPorte, its are to Cheaper than you think. Drug Drug Screen. Tx 77571 from 8:30-3:30. i a $8.00 Always Guaranteed. Ph:281471-0362 [#cling fee Dwayne, 281-470-8267 Call310 Houses POSTAL JOBS anytime. tier,Inc. 281-471-2593 $17.89-$28.27/hr,now 3/2/ Storage Building. west hiring.For application Custom home with . curb to 1000 HOME REPAIRS and �� &ffree government job appeal. Available now. is 77027 Remodeling. Call Tom info,call American 5618 Stone Creek, La- wson,P.E. 281-542-1996. Ref. ANAHUAC HEALTHCARE Asso.of Labor porte. Large rooms. Pets 264 available. CENTER now hiring CNAS! 1-913-599-8226, OK. $1,000.00/month and kamined at Must be State certified. 24 hrs.emp.serv. deposit. 832-452-3433 rks De- EMPLOYMENT Competitive rates&benefits leave message. d F.W. available for full time FOR SALE. Associated employees!EOE.For For Rent 11806 E. Field- information,call our 115 Furniture crest 3-1 1/2 -1 Lomax 109 ,,eip Needed Administrator or our DON at are. Nice, clean, Big ry pm-bid (409)267-3164 Yard. 281-867-4401 Eve- e held in or apply in person For Sale nings $1000/month + rks Build- Snack Bar Mon-Fri,9am-4pm King Size Bed w/ $1000 deposit 3rd Street, He- Wanted ANAHUAC Mattress,Computer/ s, August p Healthcare Center Student Desk,5 Shelf 311 Townhomes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 25,2008 Appropriation Requested By: Michael Dolby,CPA � Source of Funds: N/A Department: Finance I Account Number: N/A Report: Resolution: Ordinance: XX Amount Budgeted: N/A Exhibits: Copy of Public Hearing Notice Amount Requested: N/A Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY& RECOMMENDATION The City Council held budget workshops on August 11 through August 12,2008 to discuss proposed budgets for the fiscal year beginning October 1,2008 and ending September 30,2009. The Summary of Funds,which is shown below,represents the result of the workshops held with City Council. All changes made by Council were incorporated into the various budgets. Revised 2008 Proposed 2009 General Fund $32,366,110 $36,382,175 Grant Fund 674,311 1,923,528 Street Maintenance Sales Tax Fund 1,647,981 700,000 Community Investment 302,842 386,575 Hotel/Motel Occupancy Tax 677,507 463,749 La Porte Development Corporation 2,292,012 4,339,685 Tax Increment Reinvestment Zone 0 0 Utility 7,716,952 8,689,854 Sylvan Beach 299,654 217,690 Airport 19,985 23,483 La Porte Area Water Authority 1,464,032 1,005,288 Golf Course 1,313,415 1,324,826 Motor Pool 1,740,547 2,640,159 Insurance Fund 4,495,923 4,575,547 Technology Fund 1,395,920 1,255,818 General Capital Improvement 6,439,708 11,177,355 Utility Capital Improvement 1,026,172 0 Sewer Rehabilitation Capital Improvement 535,630 350,000 1998 General Obligation Bond Fund 600,767 590,195 2000 General Obligation Bond Fund 134,413 149,109 2002 General Obligation Bond Fund 10,386 1,990 2004 Certificates of Obligation Bond Fund 0 861,883 2005 Certificates of Obligation Bond Fund 407,383 341,678 2005 General Obligation Bond Fund 235,697 73,824 2006 Certificates of Obligation Bond Fund 17,917 2,212,267 2006 General Obligation Bond Fund 1,234,321 18,021 2007 Certificates of Obligation Bond Fund 6,593,462 1,640,317 Transportation&Other Infrastructure Fund 649,650 0 General Debt Service 3,477,278 3,345,768 Utility Debt Service 479,105 463,850 La Porte Area Water Authority Debt Service 758,532 750,069 Total of All Funds $79,007,612 $85,904,703 There is no change in the Tax Rate,which has remained constant for the last twenty years. Action Required by Council: Conduct Public Hearing Adopt Ordinance approving Fiscal Year 2008-09 Proposed Budget. As r. uncil A s ends NW, 4111//914 R nBoto 'T ms, ty Manager Date ORDINANCE NO. 08- 3 I 0 AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE,TEXAS, FOR THE PERIOD OF OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte,Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2008, through September 30, 2009, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 25, 2008, and a public hearing scheduled for August 25, 2008 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and incorporated hereto by reference, is hereby adopted as the Budget for the said City of La Porte,Texas,for the period of October 1, 2008, through September 30, 2009. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 4: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 25th day of August, 2008. CITY OF LA PQRTh, TEXAS Cilaay,_,L V. Alton Porter, Mayor � AT�TEST: I ititilL Martha Gillett, City Secretary APP-OV ): Aid_af1. 41 Clark T. Askins, Assistant City Attorney CLASSIFIEDS F D 1 28 1 -47 1 -1 234 FreeNon- comms Word Ads -20 words or less: For Sale Ads i Wed. Only -$7.50 • Sun. Only -$6.20 Wed. & Sun. - $13.70 Items listed in Free Ads Ili ,10¢for each additional word limited to 20 words. Limitel y ; i Classifieds deadline: PLACE YOU I Wednesday paper- 10 a.m.Tuesday Sunday paper- 10 a.m. Friday. THE BAYS H O PUBLIC NOTICES THE STATE OF TEXAS) or lack of clearness in training room immediately SEALED BID COUNTY OF HARRIS) stating the prices in the after the closing hour for REHABILITA CITY OF LA PORTE) bid, the city reserves the the bids on said date. An LIFT STAT101 LA PORTE INDE- right to consider the most elevator is not available. CITY OF LA PENDENT SCHOOL DIS- NOTICE OF PUBLIC advanta9eous bid thereof Please contact purchas- NOTICE TO I TRICT is accepting HEARING or to reject the bid. ing at 281-470-5126 if ac- sealed proposals for an- commodations are sul sealed bid kinch nual state-required no Notice is hereby given needed. load safety inspections for that the City Council of . SEALED BID408021- markeddorigins five elevators. CSP 2008 CITY-WIDE SIDE- forms on ) (5) the City of La Porte willNo late bids will be forms and; 0808-001 is due August hold a Public Hearing on WALK IN-FILL considered marked with l 18, 2008 at 2:00 PM. No the 25th day of August PROJECT and descriptio, late or taxed proposals 2008, in the Council Specifications and bid- will be receiv will be considered. Send Chambers of the . City CITY OF LA PORTE ding documents may be Purchasing OI all proposals by the dead- Hall, 604 West Fairmont viewed and/or secured for N 23rd Stree ntil line to La Porte ISO, Pur- Parkway, La Porte, NO77CETO BIDDERS Forty Dollars ($40.00) per Monday.TX, 775Au chasing Department, Texas,y beginning at 6:00 • - set, which sum will not be 0Aui. 1002 San Jacinto Street, P.M. The purpose of this All sealed bids..shall be refunded, from the office La Porte, Texas, 77571. hearing is to provide cili- submitted,7 including one of: The bids will Please mark the proposal zens the opportunity to marked original and one and publicly a number on the envelope. comment on the overall duplicate on the original LJA Engineering&Sur- upstairstrPubi1 Proposal packets can be budget. forms and clearly vein Inc.,11821 East after theg room obtained bycallingPur- g marked with bid number y g' after cloale Freeway Suite 400 the bids on sale chasing at 281-604-7061. This budget will and description. Bids Houston,Texas 77029 elevator is no 1 For all other owes ti•ns wit be received at 2963 N Please contact raise more total call Teresa Burnett at 23rd Street, La Porte, Plans and/or Exhibits and ing at 281-470 281604-7164 property taxes thanTX, 77571 Attn: Susan Specifications may be ex- commodations last year's budget by Kelley, Purchasing Man- amined at the following needed. LA PORTE. INDE- $846,887.00, or 6.8%. ager until 2:00 P.M. location: No late bids will b PENDENT SCHOOL DIS- It is not known at Monday, August 18. City of La Porte, 2963 N. Copies of ti TRICT is accepting this time what por- 2008. 23rd Street, La Porte, documents m ay sealed proposals for pest tion of this amount Texas 77571 (281) tamed at the and termite control in- The bids will beopened will "be raised from 471-9650 Claunch & I spections. CSP e and publicly read in the upon a NO new property 0808-002 is due August p p rt added Public Works upstairs A ore-lid meeting will be ABLE payment I 18, 2008 at 2:00 PM. No to the tax roll this training room, 2963 N. held Monday, August 11 dollars ($70.00) late or faxed proposals year because the 23rd Street, La Porte, TX 2008 at 10:00 a.m. in the merit will bell will be considered. Send certified tax rolls are 77571, immediately after public Works Training Claung & Milfe all proposals the dead- the closinghour for the bidding documei p ops bynot yet available Room. 2963 N 23rd be mailed, the' line to La Porte ISD, Pur- from the Harris bids on said date. An ele- Street. ' La Porte. TX postage and hi chasing Department, County Appraisal valor is not available. 77571. All prospective will be added. 1 1002 San Jacinto Street, Please contact purchas- bidders, suppliers, etc. ; La Porte, Texas, 77571. District, ingat 281-470-5126 if ac- Claunch&MI Please mark the proposal ire encouraged to attend4635 commodations • are this meeting Freeway,Set number on the envelope. The City of La Porte, needed. Sud Proposal packets can be must, by Charter require- All Bids shall be accom- Houston,Tex1 obtained by calling Pur- ment, adopt its fiscal No late bids will be panied by a cashier's or Attn:John Ped chasing at 281-604-7061. budget by September 30, considered. certified check upon a na- 713622-9 •For all otherquestions, 2008. Within thirty days tions/ or state bank in the Plans can be e th call Teresa Burnett .at ereafter, copies of the Interested contractors amount of five percent the Public W 281-604-7164 adopted budget will be may obtain plans, specifi- (5%) of the total maxi- partment ani Notice of Public Meetingavailable for public in- cations and necessary mum bid price payable Dodge and spection and copying at bidding information at no without recourse to the General the office of the City Sec- cost City of La Porte, La Porte, plan rooms. Texas Parks and Wildlife retary, City Hall, 604 • seeks public input on the west Fairmont Parkway, Texas, or a bid bond in A Non-Mandate proposed sale of the La La Porte, Texas, and the City of La Porte the same amount from a conference to RegionOffice la La Porte Community Li- Purchasing Division reliable surety company, the Public .We Porte Reg cated at ion San Jacinto 2963 N 23rd Street as a guarantee that bid- ing, 2963 N. Street atin La0 Porte. Pro- way, 600 South Broad- La Porte,TX 77571 der will 'enter into a Con- La Porte, Tex way, La Porte, Texas, 281 471-9650 ceeds from the sale are to during normal business ( ) tract. The notice of award 14,2008,at 10:001 _ be dedicated to the con- hours. of Contract shall be given The City of struction of a new Region A pre-bid meeting will be by the Owner within sixty hereby notifies 1 4 State Parks headquar• SEALED BID#08014- held at City Hall within the (cm days following the rtior , -.r r`.„_,,:, rte_—`___ • tars nffico r.fte D.A...r- --- THE BAYSHORE SUN • SUNDAY,AUGUST 10,2008• Page 9 EE . ..,...,„,,,,,, . ' ,..._. . . . _ . ....., , ,.., ,,, _ ..„,,,,,„,,, ; :::, • re Sun rc►a! Merchandise , e eB p , , ?n g The Ba Wednesdays Servin shoreArea Since 1947Y , ; gust be $100 or less and are . II REPORT ERRORS PROMPTLY! i to 1 ad per family per week. •Please check •In the event of an error that materially affects the meaning of an ad, FREE AD IN The Bayshore Sun assumes liabilitry to the extent of ONE make-good ' insertion. ESUN TODAY! •No claim will be allowed for more thasn one incorrect insertion. _ #08023- Wood Fences Hiring part-time LV N s REAL ESTATE,.. TI NO 3acare-givers WANTED TO BUY PORTS & Decks for 2pm-6:30pm shift O O 0 • IIDDERS Free Estimates Apply at RENT/LEASE: 5 shall be ALM Interests Funcare Children's uding one Center sign-on 308 Apartments I and one 281-$50-5489 10235 Fairmont Pkwy bonus ` he original Serving La Porte,DeerTown Apartments clearly Park&the Pasadena Areas La Porte ANAHUAC HEALTH- rid number 281-471-0050 CARE CENTER now Furnished Efficiencies ,n. Bids No Job Too Big ed at the or Too Small Talk to Lacy hiring LVNSI Com- and one bedrooms. fice, 2963 petitive rates 8 benefits ��utilities paid , La Porte, Customer Service/ available for full time 2:00 p.m. HoneyDo's NO PETS gust 25 Admin Assist/ employees)EOE.For Repair Marketing/ information,call our Inquire at: be openedAdministrator or our !ad in the We install,fix,hang, Telemarketing DON at(409)267-3164 121 South Iowa,Apt. c WorksVesco seeks versatile, or 210 South Iowa immediateiy adjust,replace,repair, motivated person who wants or apply in person g hour for take off andut on. Mon-Fri,9am-4pm La Porte I date. An P to grow with our firm. RENT I available. Whatever,we do it. Fax resume to ANAHUAC FOR purchas- Carpentry,lighting, 281-867-0313 Healthcare Center 5126 if ac-electrical,plumbing or email to 300 Hospital Drive aand painting. t dlang p'evescol com Anahuac 1 Bedroom !consideredCO2 Blasters needed for Garage Apt. Specializing in Experienced SheetgP full time work. Must be at e �biddinbg small jobs. Metal Building least 21 or Older. Drug Single Only offices b- Screen Background Hiller, Inofc. 832-276-6546 Erector Needed Check,' Industrial Plant 281-455-0351 N-REFUND- For Local Contractor. Experience, Current Driv- of seventy , ers cense with a Clean or 281-471-1169 I. Pay- DRYWALL PAINTING- Must Have Own Toos. DrivingrRecord. CDL A made to One day service. Will fix Transportation&Pass Plus. Apply in person at Ask for Larryr, Inc. If any holes, cracks, etc. P1110 Sens Rd., LaPorte, its are to Cheaper than you think. _ Drug Drug Screen. Tx 77571 from 8:30-3:30. I a $8.00 Always Guaranteed. Ph:281471-0362 310 Houses codling fee Dwayne, 281-470-8267 Call POSTAL JOBS anytime. 281-471-2593 $17.89-$28.27/hr,now 32/ Storage Building. Iler,inc. hiring.For application Custom home with . curb west HOME REPAIRS and �� 8 free government job appeal. Available now. s 1000 7 Remodeling. Call Tom info,call American 5618 Stone Creek, La- r ,P. La- wson, 281-542-1996 Ref. ANAHUAC HEALTHCARE Asso.of Labor porte. Large rooms. Pets son1-913-599-8226, OK. $1,000.00/month and 264 available. CENTER now hiring CNAS! 24 hrs.em serv. deposit. 832 452-3433 Must be State certified. p' leave message. xamined at Competitive rates&benefits kirks De- EMPLOYMENT available for full time FOR SALE Associated employees!EOE.For For Rent 11806 E. Field- information,call our 115 Furniture crest 3-1 1/2 -1 Lomax ;ontractors 109 Help Needed Administrator or our DON at are. Nice, clean, Big (409) 267-3164Yard. 281-867-4401 Eve- ry pre-bid or apply in person For Sale pings $1000/month + rks Build- e held in Snack Bar Mon-Fri,9am-4pm King Size Bed w/ $1000 deposit 3rd Street, Apin Wanted ANAHUAC Mattress,Computer/ 311 Townhomes • City of La Porte Public Hearing August 25, 2008 OF�L ,,,,,,„„,.4 m � Budget Highlights for Fiscal Year 2009 ▪ No increase in property tax rate ■ Fund employee pay plan (merit — 4% funding pool) ■ No increase in employee health care ■ Overall employee workforce reduced by one ■ Capital projects of $20+ million ▪ Vehicle replacement of$1 .5 million ■ General & Utility Fund excess reserve balances reallocated for CIP ■ Reduced Liability Fund reserve balance to offset City's health contribution ■ Set aside $1 .6 million bond issue for debt retirement 8/26/2008 5:07 PM 2 Expenditure Assumptions ■ Merit — 4% funding pool ■ Health Insurance — City contribution 16% decrease ($7793 to $6537) ■ TMRS rate — 14.71% (increased from 13.75% or $ 127,095) Gas — 42% Increase over FY2008 budget ■ Computer Maintenance Fees — 20% decrease (drawing down balance) ■ Computer Lease Fees — 8% decrease due to fully funded AS400 leases Vehicle Lease Fees — 12.6% decrease — (drawing down balance) 8/26/2008 5:07 PM 3 Expenditures - All Funds Debt Service Funds General Fund Capital 5% 43% Improvement Funds 20% 11111111140111) 4. Internal Sery ice Other Funds Enterprise Funds Governmental 10% 13% Funds 9% 8/26/2008 5:07 PM 4 Consolidated Summary of All Funds (In millions) Working Working Capital FY 08-09 FY 08-09 Capital 09/30/08 Revenues Expenses 09/30/09 General Fund 13.39 33.72 36.38 10.73 Special Revenue 6.14 5.21 7.81 3.54 Enterprise 4.33 11.06 11.26 4.13 Internal Service 6.65 6.99 8.47 5.17 Capital Improvement 7.86 11.22 17.42 1.66 Debt Service 2.52 4.13 4.56 2.10 Total All Funds 40.89 72.34 85.90 27.33 8/26/2008 5:07 PM 5 Revenues - All Funds (In millions) Actual Budget Revised Projected Description 2006-07 2007-08 2007-08 2008-09 General Property Taxes 12.99 12.83 13.43 13.70 Franchise Fees 2.06 1.99 2.02 2.04 Sales Taxes 5.23 5.04 5.40 5.40 Industrial Payments 8.19 7.69 7.86 10.11 Other Taxes 0.51 0.48 0.51 0.58 License & Permits 0.92 0.67 0.58 0.63 Fines & Forfeits 1.24 1.06 1.54 1.86 Charges for Services 7.39 7.69 8.55 7.93 Parks & Recreation 0.22 0.24 0.24 0.24 Recreation& Fitness Center 0.23 0.28 0.22 0.23 Employee Health Service 3.54 3.99 3.92 3.28 Water Revenue 4.78 5.61 5.82 5.99 Wastewater Revenue 2.76 3.44 3.50 3.63 Intergovernmental 0.72 0.75 0.52 1.30 Miscellaneous 0.22 0.04 0.05 0.04 Operating Transfers 6.54 4.53 8.48 13.54 Other Financing Sources 8.20 0.85 0.85 0.84 Interest 2.73 2.00 1.84 0.98 Grand Total All Revenue 68.47 59.17 65.34 72.31 8/26/2008 5:07 PM 6 Employee Positions — Citywide Personnel Growth 500 .� 4500 mg. - -- irk- 400 350 300- ' 250 ' --- — 200 150 100 ' — — 50 0 FY 04-05 FY 05-06 FY 06-07 FY 07-08 FY 08-09 0 Part-time 76 90 53 56 56 ■Full-time 376 378 385 386 385 8/26/2008 5:07 PM 7 General Fund Days of Working Capital 200 180 - 160 140 - ISI v 120 on o 100 3 O >. 80 a Q — 60 ___fii 40 iil , 11 ) ) _i. i_ 20 __i Ili_ ___ ..__, iii i cf1c) oc''\ o61' e .) e ,) ,6c) 1 ti , , ti ti ti ti ti ti ,ti ,,,c, •<3 e, ' 8/26/2008 5:07 PM 8 General Fund Revenue Sources Where the Money Comes From •General Property Taxes(35%) ❑ Franchise Taxes(6%) ® Sales Tax (9%) • Industrial Payments(29%) ■ Other Taxes(<1%) ■ License& Permits(2%) --fir A ■ Fines& Forfeits(4%) L-- ■ Charges for Services(10%) • Parks& Recreation (I%) amen ❑ Rec& Fitness Center (1%) • Fund Balance Usage ■ Miscellaneous (<1%) $2,657,729 ■ Operating Transfers(1%) • Total Revenues • Interest Income (1%) $33,724,383 — 8/26/2008 5:07 PM 9 General Fund Revenues Revenues: Actual Budget Estimated Projected Percent (in millions) 2006-07 2007-08 2007-08 2008-09 Change General Property Taxes 11.1 11.1 11.6 11.8 6.66% Franchise Taxes 2.0 1.9 2.0 2.0 2.37% Sales Taxes 3.0 2.9 3.1 3.1 7.02% Industrial Payments 8.0 7.5 7.7 9.9 31.47% Other Taxes 0.1 0.1 0.1 0.1 19.57% Licenses & Permits 0.9 0.7 0.6 0.6 -6.24% Fines Forfeits 1.0 0.8 1.4 1.4 86.08% Charges for Services 3.5 3.4 4.2 3.5 2.65% Parks & Recreation 0.2 0.2 0.2 0.2 -1.14% Recreation& Fitness 0.2 0.3 0.2 0.2 -18.35% Intergovernmental 0.0 0.0 0.0 0.0 0.00% Miscellaneous 0.1 0.0 0.0 0.0 -4.17% Operating Transfers 0.4 0.4 0.4 0.5 7.31% Interest 0.9 0.8 0.7 0.5 -41.59% Total Revenues 31.4 30.0 32.1 33.7 12.37% 1 I $ 2.1 8/26/2008 5:07 PM 10 General Fund Revenues In Lieu of Taxes & Ad Valorem Taxes 12,000,000 — 11,000,000 10,000,000 9,000,000 - 8,000,000 7,000,000 ° 6,000,000 - -- 5,000,000 5,000,000 4,000,000 3,000,000 I e 2,000,000 1,000,000 In Lieu of Taxes Ad ValoremTaxes ■ Actual ■ Actual ❑ Budget ❑ Revised ■ Projected 2005-06 2006-07 2007-08 2007-08 2008-09 8/26/2008 5:07 PM 11 Property Tax Rate* Last Ten Fiscal Years 0.80 V General Fund .575 General Fund .611 Debt Service .135 Debt Service .099 0.70 -z !/ / 0.50 0.40 / 0.30 0.20 0.10 44.0 JIM JINN JIM ier 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 ❑General Fund ❑ Debt Service *Council has not raised in 20 years 8/26/2008 5:07 PM 12 What you get for your tax dollars Average Home Value - $118,838* City taxes paid by average household per year - $675.01 Per month - $56.25 to support these city services: • 24 hour Police Protection • 24 hour Emergency Medical Services • 24 hour Fire Protection • Animal Control services • Maintenance of all public streets (211 miles of paved streets) • Park facilities including softball fields (21 parks with a total of 191 acres) • Recreational facilities & activities • Building Inspections & permitting services • Code Enforcement Services *Based on 2007 average home value with 20%homestead exemption. 8/26/2008 5:07 PM *($0.71/$100 Valuation) 13 Industrial Payments (General Fund) Historical Trends 12,000,000 10,000,000 8,000,000 ------- ____ r- -----71. I 6,000,000 I 4.000,000 2,000,000 :: , _ 1 Liluir l_jill 1 RI ����cp foo �•' �,1 �1,' �b< � ' OZ �'\' SRI' • • • • • • • • sza�' meati 4'G PG �G Q'� F~� PG P�� PG e,`11� �G, 8/26/2008 5:07 PM 14 General Fund Revenues Sales Tax, Franchise Taxes, Residential Solidwaste and Interest 3,500,000 3,000,000 2,500,000 i • • 2,000,000 •. • 1,500,000 — . ti } ti ti 1 1,000,000 ::: 0 :. ,kt _ „... 500,000 ,.. .;, , ., -:-::::•:::! w.v.-. 44, :i. I::: 1 1:: 451::, ...:... 1:-....:-:.::!.:.:: . ..• Sales Taxes Franchise Fees Residential Solid Interest Income Waste • Actual ® Actual O Budget Revised • Projected 2005-06 2006-07 2007-08 2007-08 2008-09 8/26/2008 5:07 PM 15 Sales Tax Trends 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 j 0 'L�pO 'L�p1 'LQP'L 'LOp� 'L�p�` 'LOpS rl#1 reel re(6 re() • General Fund ■ Section 4B ■ Street Maintenance 8/26/2008 5:07 PM 16 Municipal Court Revenue Growth 1,400,000 - 1,200,000 1,000,000 800,000 600,000 400,000 ffi 200,000 2000 2001 2002 2003 2004 2005 2006 2007 2008* 2009** ■Revenues 395,883 547,101 593,490 611,280 538,084 668,319 856,691 953,880 1,396,640 1,392,605 *Estimated 8/26/2008 5:07 PM **Projected 17 General Fund • Emergency Services • Police Administration • Finance • Public Works • Parks & Recreation • Planning & Engineering 8/26/2008 5:07 PM 18 Expenditures by Activity EMERGENCY SERVICES NON-DEPARTMENTAL 11% 25% POLICE 26% PLANNING 41011100 5% PARKS 10% ADMINISTRATION PUBLIC WORKS FINANCE 7% 13% . 3% 8/26/2008 5:07 PM 19 General Fund Expenditures Expenditures: Actual Budget Estimated Projected Percent (in millions) 2006-07 2007-08 2007-08 2008-09 Change Emergency Services 3.6 4.0 3.9 4.1 2.51% Police 8.2 9.2 8.8 9.1 -1.55% Administration 2.4 2.7 2.6 2.7 -0.77% Finance 1.2 1.3 1.2 1.2 -7.69% Non-Departmental 4.2 2.8 6.1 8.8 213.95% Public Works 4.4 4.8 4.7 4.9 1.75% Parks 3.1 3.5 3.3 3.7 7.20% Planning 1.6 1.9 1.8 1.9 -2.14% Total Expenditures 28.6 30.3 ° 32.4 j 36.4 20.21% 1 $2.1 8/26/2008 5:07 PM 20 Utility Fund Water Production Water Distribution ■ Wastewater Collection ■ Wastewater Treatment ✓ Utility Billing ■ Non-Departmental 8/26/2008 5:07 PM 21 ____ Utility Fund Days of Working Capital — 300 -- 250 200 jI 150 1.30. ca U bn 100 o 3 0 50 CS i I !il 1 r f ( if �qqq �o°o �°ti �o°ti �o°� ��D, ja . o°b �o°\ �o°� ado°q (50) �c'`4' (100) 4 (I50) 8/26/2008 5:07 PM 22 Utility Fund Comparison Revenues vs. Expenses 10,000,000 / 9,000,000 8,000,000 7,000,000 ._ 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 " 1,000,000 X Actual Actual Budget Revised Projected 2005-06 2006-07 2007-08 2007-08 2008-09 ■Revenues ■Expenses 8/26/2008 5:07 PM 23 Water & Sewer Sales Trends 4.50 4.00 3.50 0 3.00 2.50 I 2.001 .50 - -1 .00 0.50 -- — Actual Budget Revised Projected 2006-07 2007-08 2007-08 2008-09 IN Water Sales 3.13 3.86 3.90 4.10 ■ Wastewater Sales 2.64 3.31 3.32 3.49 8/26/2008 5:07 PM 24 Utility Fund Revenues & Expenses Revenues: Actual Budget Estimated Projected Percent (in millions) 2006-07 2007-08 2007-08 2008-09 Change Water Revenue 3.69 4.41 4.65 4.80 8.85% Sewer Revenue 2.67 3.36 3.36 3.53 5.16% Interest 0.09 0.08 0.05 0.03 -68.96% Other Revenue 0.00 0.01 0.01 0.01 0.00% Total Revenue 6.51 7.91 8.12 8.37 5.82% Expenses: Water Production 0.5 0.5 0.5 0.5 -3.95% Water Distribution 0.7 0.8 0.7 0.8 5.05% Wastewater Collection 0.8 0.9 0.9 0.9 5.52% Wastewater Treatment 0.9 1.0 0.9 1.0 -5.01% Utility Billing 0.6 0.6 0.6 0.6 -1.07% Non Departmental 3.2 4.2 4.1 4.8 14.21% Total Expenses 6.8 8.1 7.7 8.7 7.49% (In millions) 8/26/2008 5:07 PM 25 Other Enterprise Funds Sylvan Beach Fund a Airport Fund La Porte Area Water Authority Golf Course Fund 8/26/2008 5:07 PM 26 Sylvan Beach Fund Comparison Revenues vs. Expenses 300,000 250,000 200,000 i .150,000 100,000 Z. 7. 50,000 Actual Actual Actual Estimated Projected 2004-05 2005-06 2006-07 2007-08 2008-09 D Revenues D Expenses 8/26/2008 5:07 PM 27 Sylvan Beach Fund Revenues & Expenses Revenues: Actual Budget Estimated Projected Percent (in thousands) 2006-07 2007-08 2007-08 2008-09 Change Charges for Services 189.3 173.4 176.7 178.2 2.78% Other Financing Sources 28.5 68.9 68.9 25.0 -63.72% Interest 12.8 11.9 8.8 4.4 -63.02% Total Revenue 230.6 254.2 2.54.4 207.6 -18.33% Expenses: Sylvan Beach Pavilion 206.8 238.1 218.8 217.7 -8.56% Total Expenses 206.8 238.1 218.8 217.7 -8.56% Net Revenues over Expenses 23.8 16.1 35.6 (10.1) 8/26/2008 5:07 PM 28 Airport Fund Comparison Revenues vs. Expenses 60,000 mow iiiimm. inew 50,000 - 40,000 . i 30,000 Amor , 20,000 P mg 10,000 Actual Actual Actual Estimated Projected 2004-05 2005-06 2006-07 2007-08 2008-09 0 Revenues D Expenses 8/26/2008 5:07 PM 29