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05-09-11 Regular Meeting of La Porte City Council
D REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: 5/9/11 Source of Funds: Requested By: Stacey Osborne Account Number: Department: Administration Amount Budgeted: Report: x Resolution: Ordinance: Amount Requested: Budgeted Item: YES NO Exhibits: BAHEP Contract Exhibits: Exhibits: SUMMARY & RECOMMENDATION Bay Area Houston Economic Partnership ( BAHEP) has focused their efforts on providing economic development services to the City of La Porte and other cities /areas along the ship channel. The organization has a three -year contract with the City of La Porte that expires in 2012. When Council approved the contract last year, it was requested that BAHEP give periodic updates regarding their efforts on behalf of the City of La Porte. Tonight, President Bob Mitchell and Marketing Director Paul Chavez will give a brief presentation about BAHEP's activities in the past year, and answer any questions Council may have. The BAHEP Contract with the City of La Porte is attached for reference. Action Required by Council: Receive the presentation from BAHEP. A. rCi uncilA.enda l(1 Ron Bottoms, ay Ma . ger date • AGREEMENT THIS AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES ( "Agreement "), as described in PROPOSAL (Exhibit A) TO THE CITY OF LA PORTE is made effective as of the Effective Date (defined below) between the City of La Porte ( "City ") and the Bay Area Houston Economic Partnership ( "Contractor "), a Texas 501 (c)(6) not for profit organization. Contract Term: This Agreement is effective on the Effective Date and remains in effect for three (3) years thereafter, unless sooner terminated under this agreement. Services; Contractor agrees to provide the services described in Exhibit A. Payment Term: The City shall pay $20,000 per year, in semi - annual installments, for Contractor's economic development services rendered under this Agreement. Initial payment to Contractor is due within thirty- (30) days of the Effective Date. Effective Date: This Agreement shall be effective as of January 1, 2010 Termination for Convenience by the City: The City may terminate this Agreement at any time by giving 30 days' written notice to Contractor. The City's right to terminate this Agreement for convenience is cumulative of all rights and remedies, which exist now or in the future. On receiving the notice, Contractor shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement and cancel all existing orders and subcontracts that are chargeable to this Agreement, As soon as practicable after receiving the termination notice the City shall then honor payment terms for services rendered under this agreement unless the fees exceed the allocated funds remaining under this Agreement. TERMINATION OF THIS AGREEMENT AND RECEIPT OF PAYMENT FOR SERVICES RENDERED ARE CONTRACTOR'S ONLY REMEDIES FOR THE CORPORATION'S TERMINATION FOR CONVENIENCE, WHICH DOES NOT CONSTITUTE A DEFAULT OR BREACH OF THIS AGREEMENT. CONTRACTOR 1 WAIVES ANY CLAIM (OTHER THAN ITS CLAIM FOR PAYMENT AS SPECIFIED IN THIS SECTION), IT MAY HAVE NOW OR IN THE FUTURE FOR FINANCIAL LOSSES OR OTTER DAMAGES RESULTING FROM THE CITY'S TERMINATION FOR CONVENIENCE. Termination for Cause by Contractor: Contractor may terminate its performance under this Agreement only if the City defaults and fails to cure the default after receiving written notice of it. Default by the City occurs if the City fails to perform one or more of its material duties under this Agreement. If a default occurs and Contractor wishes to terminate the Agreement, then Contractor must deliver a written notice to the city manager describing the default and the proposed termination date. The date must be at least 30 days after the city manager receives notice. Contractor, at its sole option, may extend the proposed termination date to a later date. If the City cures the default before the proposed termination date, then the proposed termination is ineffective. If the City does not cure the default before the proposed termination date, then Contractor may terminate its performance under this Agreement on the termination date. To effect final termination, the contractor must notify the city manager in writing. Termination for Cause by City: If Contractor defaults under this Agreement, the city manager may either terminate this Agreement or allow Contractor to cure the default as provided below. The City's right to terminate this Agreement for Contractor's default is cumulative of all rights and remedies, which exist now or in the future. Default by Contractor occurs if: (1) Contractor fails to perform any of its duties under this Agreement; (2) Contractor becomes insolvent; (3) all or a substantial part of Contractor's assets are assigned for the benefit of its creditors; or (4) a receiver or trustee is appointed for Contractor. If a default occurs, the city manager may, but is not obligated to, deliver a written notice to Contractor describing the default and the termination date. The city manager, at his or her sole option may extend the termination date to a Iaer date. If the city manager allows Contractor to cure the default and Contractor does so to the city manager's satisfaction before the termination date, then the termination is ineffective. If Contractor does not cure the default before the termination date, then the city manager may terminate this Agreement on the termination date, at no further obligation of the Corporation. To effect final termination, the city manager must notify Contractor in writing. After receiving the notice, Contractor shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement, and promptly cancel all orders or subcontracts chargeable to this Agreement. 2 1 { Signatures: The Parties have executed this Agreement in multiple copies, each of which is an original. ATTEST /SEAL: BAY AREA HOUSTON ECONOMIC CINDY L PERKINS PARTNERSHIP ' � MY Cr 2 pines May 2A, 2011 ! .. .r2-. — -- - - n.,o-1 / By: y: � y: Nance; Cindy ekins Bob Mitchell Tittle: Office Manager President CITY OF LA PORTE • B (04d By: A 11 l Marta A. Gillett Ron : ottoms 1111 City Secretary City Manager 1 3 • Exhibit A 1. Bay Area Houston Economic Partnership will assist the City of La Porte to work within the established framework as outlined in the City of La Porto's 2000 -2020 Comprehensive Plan. • Provide the City of La Porte direct access to Bay Area Houston Economic Partnership's research capability for information regarding studies, forward planning and research. • Attract diversified industry that will contribute to the tax base as well as provide jobs for a variety of diverse workers in the community without conflicting with other land uses in La Porte, while encouraging younger citizens to remain in the community. • Ensure that all existing and future commercial development is attractive, highly utilized and without negative influence on adjacent residential uses. • Facilitate meetings with county and state officials in order to develop a positive working relationship; in regards to mutual goals for development of lands and thoroughfares within the city limits. • Assist the City of La Porte to improve the community character of La Porte to make it a more desirable place to live, work and visit. 2. Utilize Comprehensive Plan objectives to assist the City of La Porte achieve economic development goals. 3. Include the City of La Porte in specific Bay Area Houston Economic Partnership communications, as follows: • Inclusion of City La Porte material on the Bay Area Houston Economic Partnership Web site. • Inclusion of the City of La Porte in Bay Area Houston Economic Partnership printed materials and electronic newsletters. • Advise the City of La Porte in development of marketing materials for the city Web site and for print and video distribution. 4. Include the Mayor, other elected officials or city staff in two CEO visits per year. 5. Coordinate representation of the City of La Porte at two trade shows per year, with Bay Area Houston Economic Partnership staff working separately with city staff on the best methods to promote the City of La Porte's economic development objectives. 6. Include the City of La Porte and local businesses in four business workshops, seminars or similar programs each year. 7. Continue to engage industry representatives from the industrial complex, City of La Porte and Bay Area Houston Economic Partnership to identify constraints and barriers to economic vitality of the petrochemical industry and determine appropriate resolution. 8. Along with an annual written report documenting progress, Bay Area Houston Economic Partnership representatives will meet every six months with the Mayor of the City of La Porte and/or his designated representative(s). 4 • • 3 o A ( ,\. Akt re XP Proposal to the City of La Porte for Economic Development Services Submitted by Bay Area Houston Economic Partnership December 1, 2009 BAY AREA HOUSTON ECONOMIC PARTNERSHIP Bay Area Houston Economic Partnership is a 501 (c)(6) not for profit organization focusing on the growth of the region through retention, expansion, plus recruitment of high performance jobs and business. The current service area includes the City of La Porte and the Bayport Industrial Complex on the east, Ellington Airport and City of Pasadena on the north, the City of Friendswood on the west and the City of Dickinson on the south. The region encompasses parts or all of 13 cities which included the southeast portion of Houston and parts of two counties. The estimated population for 2008 of the Bay Area Houston region is 416,369 (Source: Sites on Texas). Bay Area Houston Economic Partnership currently has more than 260 members employing over 170,000 people who reside in Harris and Galveston counties, including the economic partner cities of La Porte, Clear Lake Shores, Dickinson, El Lago, Friendswood, Houston, Kemah, League City, Nassau Bay, Pasadena, Seabrook, Taylor Lake Village and Webster. Private and public partners include those in the aerospace and specialty chemical industries, as well as real estate brokers and developers, banks, healthcare and education. PURPOSE As the City of La Porte continues to focus on diversity and expanding the economy, the Bay Area Houston Economic Partnership looks forward to continuing its partnership with the City of La Porte and assisting in the continued development and implementation of an enhanced economic development strategy. ECONOMIC DEVELOPMENT SERVICES Economic Development Goals and Direction Bay Area Houston Economic Partnership will provide the following services: a. Assist the City of La Porte in setting economic development goals and objectives. b. Recommend policies, processes, and procedures that enable City of La Porte to successfully compete for new business within our target industries but not limited to Aerospace, Biotechnology and Specialty Chemicals. c. Alert City of La Porte of potential loss or addition of business due to changes in policy, State or federal law, or other impacts. d. Develop business linkages for City of La Porte, given the city's economic development goals. e. Provide opportunities for City of La Porte officials to sit on Bay Area Houston Economic Partnership committees. f. Consult with City of La Porte officials or their designees on issues related to economic development. g. Create, expand, or nurture partnerships with other municipalities or agencies to promote and enhance the City La Porte's economic development strategy. h. Include the City of La Porte in any and all discussions hosted by Bay Area Houston Economic Partnership with its allies that are related to regional economic development issues. Economic Development Marketing and Sales Bay Area Houston Economic Partnership will provide the following services: a. Organize and conduct coordinated marketing and sales programs that build from the City of La Porte's strengths to influence positively the national and international decision makers who decide where to locate, relocate, or expand. b. Target and recruit businesses and companies most likely to result in business location, relocation, and expansion. c. Solicit jobs from employers that result in a broader, more diversified tax base. d. Assist the City of La Porte in the development of a city plan for economic development. e. Provide relevant background information about the City of La Porte, the region, and the State of Texas, as appropriate to the business opportunity. f. Invite City of La Porte officials to meetings with executives who are interested in business location, relocation, and expansion. g. Coordinate City of La Porte in the Bay Area Houston comprehensive communications program geared to national and international business opportunities through conferences, advertising, and other means of disseminating information about the City of La Porte's business climate and business activities. Business Assistance Programs Bay Area Houston Economic Partnership will provide the following services: a. Include City of La Porte officials and business persons in workshops, seminars, programs, and other educational or training programs designed to assist the City in promoting new business development, start-up business, entrepreneurship, business expansion, and other business assistance ventures. b. Include the City of La Porte representatives in business development activities. Special Services Bay Area Houston Economic Partnership will provide the following additional special services at no cost to the city: a. Collaborate with the economic development director and other regional organizations to protect and grow the Ellington Airport assets and expand the military presence at Ellington Field. BAHEP will work with the Houston Airport System broker and Colliers International, to market Ellington Airport and perform economic development activities to protect and grow assets related to aerospace. BAHEP through the Ellington Field Task Force will work with local businesses and elected officials in a strategic manner focusing on areas which most substantially benefit the military presence at Ellington Field. Such as including Alert Fighter aircraft replacement, Predator unmanned aerial vehicles, quality of life for Joint Armed Forces Reserve Base, and Regional Homeland Security Defense Operations Center. h. BAHF,P will develop a plan and work to secure a Space Shuttle Orbiter for display near the City of La Porte when the Space Shuttle fleet is retired in 2010. BAHEP will collaborate with public and private organizations to secure funding for transport and installation of the orbiter in its new Bay Area Houston home. c. BAHEP's International Maritime Advisory Committee will work with the surrounding districts to develop curriculum for new maritime classes to be offered at the high school level. This initiative is the first step in developing an education pipeline that will include San Jacinto College District, Texas A &M Galveston and University of Houston — Clear Lake to meet the growing workforce demand by the region's maritime industry. FUNDING USES Funding will be used specifically for the economic development services stated below: "Deliverables" 1. Bay Area Houston Economic Partnership will assist the City of La Porte to work within the established framework as outlined in the City of La Porte's 2000 -2020 Comprehensive Plan. • Provide the City of La Porte direct access to Bay Area Houston Economic Partnership's research capability for information regarding studies, forward planning and research. • Attract diversified industry that will contribute to the tax base as well as provide jobs for a variety of diverse workers in the community without conflicting with other land uses in La Porte, while encouraging younger citizens to remain in the community. • Ensure that all existing and future commercial development is attractive, highly utilized and without negative influence on adjacent residential uses. • Facilitate meetings with county and state officials in order to develop a positive working relationship; in regards to mutual goals for development of lands and thoroughfares within the city limits. • Assist the City of La Porte to improve the community character of La Porte to make it a more desirable place to live, work and visit. 2. Utilize Comprehensive Plan objectives to assist the City of La Porte achieve economic development goals. 3. Include the City of La Porte in specific Bay Area Houston Economic Partnership communications, as follows: • Inclusion of City La Porte material on the Bay Area Houston Economic Partnership Web site. • Inclusion of the City of La Porte in Bay Area Houston Economic Partnership printed materials and electronic newsletters. • Advise the City of La Porte in development of marketing materials for the city Web site and for print and video distribution. 4. Include the Mayor, other elected officials or city staff in two CEO visits per year. 5. Coordinate representation of the City of La Porte at two trade shows per year, with Bay Area Houston Economic Partnership staff working separately with city staff on the best methods to promote the City of La Porte's economic development objectives. 6. Include the City of La Porte and local businesses in four business workshops, seminars or similar programs each year. 7. Continue to engage industry representatives from the industrial complex, City of La Porte and Bay Area Houston Economic Partnership to identify constraints and barriers to economic vitality of the petrochemical industry and determine appropriate resolution. 8. Along with an annual written report documenting progress, Bay Area Houston Economic Partnership representatives will meet every six months with the Mayor of the City of La Porte and/or his designated representative(s). FUNDING REQUEST Bay Area Houston Economic Partnership is requesting a three -year funding partnership with the City of La Porte, at an investment level of $20,000 per year for several specific economic development services as outlined above, which will directly benefit the City of La Porte and its extra territorial jurisdiction (ETJ). The funding will be paid in semi- annual installments per year. Optional Economic Development Service Bay Area Houston Economic Partnership is proposing to provide a service over and above the service level the City of La Porte is receiving with its membership. If the City of La Porte desires to expand its scope of work with Bay Area Houston Economic Partnership, this economic development tool will be provided, for additional funding, as agreed upon by the City of La Porte and Bay Area Houston Economic Partnership. Space Alliance Technology Outreach Program Business Retention Tool - $2,500/year The Space Alliance Technology Outreach Program (SATOP) staff will assist La Porte's initiatives in business retention and expansion by participating in city - sponsored business visits and marketing the program to the city's small businesses. Bay Area Houston Economic Partnership will provide the services of SATOP to small businesses through free technical assistance from its Alliance Partner engineers. SATOP has assembled a unique network of engineers and scientists from NASA field centers, aerospace contractors, colleges and universities to provide up to 40 engineering hours of free technical assistance to provide solutions to technical problems. The program provides businesses with access to knowledge, skills and materials that were previously unknown or unavailable to the private sector. B REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: May 9, 2011 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Planning Amount Budgeted: N/A Report: Resolution: Ordinance: X Amount Requested: N/A Exhibits: Budgeted Item: _ YES X NO 1. Ordinance 2. Deed to Grantee 3. Area Map SUMMARY & RECOMMENDATION The City has received an application from La Porte Real Property, LLC to vacate, abandon and close the alleys in Blocks 373, 374 & 376, La Porte. The applicant desires to close these alleys to unify his property for future development of the former Harris County Landfill site located on North Broadway. Staff, as well as the City's franchised utility companies (i.e. Centerpoint Energy, AT &T and Comcast) have each reviewed the request and have stated no objection to the closings. In accordance with Section 62.35 of the Code of Ordinances, Staff has ordered an independent appraisal of the alley in question to determine its fair market value. The appraisal determined the fair market value of the alley at $2.40 per square foot. The City has subsequently received payment from the applicant in the amount of $34,560 (75% of Fair Market Value per the ordinance). Recommendation: Staff recommends vacating, abandoning, and closing the subject alleys as requested by the applicant. Action Required of Council: Approve an ordinance vacating, abandoning, and closing the alleys in Blocks 373, 374 & 376, La Porte and authorizing the execution and delivery of a deed to the adjoining landowner. ppr for City ouncil Agenda - l Ron Bottoms, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 9, 2011 Budget Requested By: Tim Tietjens Source of Funds: N/A Department: Planning Account Number: N/A Report: X Resolution: Ordinance: X Amount Budgeted: N/A Amount Requested: N/A Exhibits: Letter of Request Budgeted Item: YES NO Exhibits: Ordinance Exhibits: Deed Exhibits: Area Map SUMMARY & RECOMMENDATION Over the past several years, the City of La Porte has'assisted the La Porte Chapter of Bay A Humanity by donating numerous tax foreclosure properties or other properties owned by the purpose of providing families meeting specific income requirements the opportunity to fulfi of home ownership. The Bay Area Habitat for Humanity has requested the City provide foul building sites to facilitate construction of four homes over the next program year in the nortl Porte. The City currently owns eight platted lots (four buildable sites) on N. 7` Street just north of lialima Street that were originally intended for the North Side Neighborhood Program funded in part County. However, the economic downturn and mortgage crisis caused a lack of qualified bu) participation in the program was temporarily suspended. Because the lots are idle, it was sug, Bay Area Habitat utilize two of the four buildable sites at this time, with a possibility of two more pater in the year. For visual consistency, the Bay Area Habitat has agreed to use a brick facade in keeping with the North Side Neighborhood Program homes. As the fee title owner of the lots, the donation would require no additional cost to the City. Home ownership is the single most effective way for many families to build personal wealth. The Habitat for Humanity program utilizes sweat equity of the recipient families and volunteer labor in construction to achieve affordability and long term success of the recipients. Action Required by Council: • Approve o •' ce authorizing the Mayor to execute a Special Warranty Deed for Lots 17 -18 and Lots 19 -20, t ock 1'1, Town of La Porte to the Bay Area Habitat for Humanity. 1 t rove • 8 Cit . u . Agenda on 5� i� Bottoms, City Manager Date A dA ler4i Ron Bottoms, ` anager Date Bay Area . .itt Habitat Now More Than Ever for Humanity® Help Build It! Houston City of LaPorte 604 W. Fairmont Pkwy LaPorte, TX 77571 Dear Ron Bottoms, Bay Area Habitat For Humanity- Houston, Inc. is a non -profit 501(c)(3) housing ministry that builds safe, decent homes in partnership with families earning less than 60% of the area medium income. We are an affiliate of Habitat for Humanity International which builds in over 100 countries. • We follow a nondiscriminatory process of selecting families based on need, willingness to partner and the ability to repay the loan. Families must invest at least 300 hours of "sweat equity" into building Habitat homes before buying their home. Hones are built with volunteer labor and are sold as cost with a twenty year no- interest mortgage. Homes cost about $70,000 and appraise for around $90,000. Volunteers provide labor, funding and in -kind donations and homeowner mortgages help fund additional hones. As we look to expand our ministry and change the lives of many more needy families, Bay Area Habitat for Humanity-Houston respectfully requests the support of the City of LaPorte. We are requesting four building sites on North 7 Street. Our program provides families with affordable housing and helps increase wealth by asset building through homeownership. Your assistance will increase the number of families we can serve and extend the social and economic benefits our organization provides in LaPorte. Should you have any questions concerning our mission and organization, please do not hesitate to call me at the office # 281 337 3590 or nainsworth @bahIh.org. Thank you for considering our application to support our mission to eliminate poverty housing. 1 artn ti. hi._, alie a ian -Ai sw rt Executive Director P.O. Box 1284, Dickinson, TX 77539 Phone: (281) 337 -3590 Fax: 281- 337 -3590 (call first) www.bahth.org ORDINANCE NO. 2011- 50) t AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYS IN BLOCKS 373, 374, AND 376, LA PORTE, HARRIS COUNTY, TEXAS, AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of the property abutting the hereinafter described alleys in Blocks 373, 374, and 376, La Porte; to vacate, abandon, and permanently close the hereinafter described alleys in Blocks 373, 374, and 376, La Porte, Harris County, Texas; and, WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described alleys in Blocks 373, 374, and 376, La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described alleys in Blocks 373, 374, and 376, La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described alleys in Blocks 373, 374, and 376, La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described alleys in Blocks 373, 374, and 376, La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: 2 TRACT ONE: The alley in Block 373, La Porte, situated between Lots 1 through 16 and Lots 17 through 32 of said block, containing a total of 6,400 square feet and generally illustrated on Exhibit "A" incorporated by reference herein. TRACT TWO: The alley in Block 374, La Porte, situated between Lots 1 through 16 and Lots 17 through 32 of said block, containing a total of 6,400 square feet and generally illustrated on Exhibit "A" incorporated by reference herein. TRACT THREE: The alley in Block 376, La Porte, situated between Lots 1 through 16 and Lots 17 through 32 of said block, containing a total of 6,400 square feet and generally illustrated on Exhibit "A" incorporated by reference herein. 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. 3 PASSED AND APPROVED THIS DAY OF(../hay 2011. CITY OF LA PORTE By: AA A L. 's R ' i gby, Mayor ATTEST: 0 _lam �.r.�. Patrice Fog. , CiAy Secretary APPROVED: Knox W. Askins, City Attorney 4 EXHIBIT "A" EXHIBIT "A" to ORDINANCE -Al w NW E S 24 - 7 '' 8 3 Na PROP. ALLEY CLOSING IN BLOCK 376, LA PORTE � 5 c 80 9 376 • t mom j PROP. ALLEY CLOSING 1 IN BLOCK 374, LA PORTS ir 8 s 374 N $3 P ROP. ALLEY CLOSING , o IN BLOCK 373, LA PORTE i r I ' • 11 3r 8 • 3a9 0 1 inch = 200 feet DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: May 9, 2011 Grantor: City of La Porte a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: La Porte Real Property, LLC a Texas limited liability company Mailing Address: 1655 Louisiana, Beaumont, TX 77701 Consideration: Ten and No /100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): TRACT ONE: The alley in Block 373, La Porte, Harris County, Texas, situated between Lots 1 through 16 and 17 through 32, as generally illustrated on Exhibit "A" attached hereto and made part hereof, containing a total of sixty -four hundred (6,400) square feet, which alley Right -of -Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2011 - �.T '7 , passed and approved by the City Council of the City of La Porte on May 9, 2011. TRACT TWO: The alley in Block 374, La Porte, Harris County, Texas, situated between Lots 1 through 16 and 17 through 32, as generally illustrated on Exhibit "A" attached hereto and made part hereof, containing a total of sixty -four hundred (6,400) square feet, which alley Right -of -Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2011- 3q , passed and approved by the City Council of the City of La Porte on May 9, 2011. TRACT THREE: The alley in Block 376, La Porte, Harris County, Texas, situated between Lots 1 through 16 and 17 through 32, as generally illustrated on Exhibit "A" attached hereto and made part hereof, containing a total of sixty -four hundred (6,400) square feet, which alley Right -of -Way was vacated, abandoned, nd closed by City of La Porte Ordinance No. 2011 -, passed and approved by the City Council of the City of La Porte on May 9, 2011. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in . 023 of the Texas Property Code (or its successor) are excl .ed. / City • La . to Ai By: 4, iigglIP on ' :. •ms, City Manager A est: Patrice p g Y City Secretary App d: Knox W. Askins City Attorney STATE OF TEXAS § § COUNTY OF HARRIS § • This instrument was acknowledged before me on the I/ ay of �/ , 2011, by Ron Bottoms, City Manager of the City of La Porte municipal corporation. '•,,, YVONNE GARRISON :1-11Lai � �'ta MY COMMISSION EXPIRES rY Pu•lic, State o Texas ' k81.,, October 28, 2013 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: CITY OF LA PORTE ASKINS & ASKINS, P.C. 604 West Fairmont Parkway P.O. Box 1218 La Porte, TX 77571 La Porte, TX 77572 -1218 4 EXHIBIT "A" If I I I N I EXHIBIT "A" to ORDINANCE 1. s 24 397 398 PROP. ALLEY CLOSING IN BLOCK 376, LA PORTE f :,-----,.=,, e « 38 0 9 376 375 . . . .! Y PROP. ALLEY CLOSING ' ;: .1 ." IN BLOCK 374, LA PORTE ` 377 78 373 :374 y Y a PROP. ALLEY CLOSING IN BLOCK 373, LA PORTS i- ' , , :1_ 352 - 1 8 . r 6 34 9 )50 1 inch = 200 feet C ORDINANCE NO. 9- )(-1c6 1 AN ORDINANCE APPROVING AND AUTHORIZING THE DONATION OF LOTS 17 -18 AND LOTS 19 -20, BLOCK 101, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY, A TEXAS NON - PROFIT CORPORATION, FOR THE CONSTRUCTION OF AFFORDABLE HOUSING; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, CONTAINING A REPEALING CLAUSE, 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 documents which are attached hereto and incorporated herein by this reference. The Mayor 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. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. 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, 1 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. ��•,(�� PASSED AND APPROVED, this �a of 2011. Y CITY OF LA •O, By: Louis R.''_b Mayor ATT. Ali. !dWA ,d._101 .. Patrice Fogarty if • City Secretary APPROVED: ' s Knox Askins City Attorney 2 askins & askins P.C. ATTORNEYS and COUNSELORS RECEIVED Knox W. Askins g �} Clark T. Askins , JUN 2 1. L 01 1 CITY SECRETARY'S arm' June 20, 2011 Habitat or Humanity P.O. x 2087 La orte, TX 77572 Dear Sir /Madam: I enclose herewith original Special Warranty Deed from the City of La Porte, which was recorded on June 10, 2011, under Harris County Clerk's File No. 20110237822. I have rendered this property in the name of Habitat for Humanity with the Harris County Appraisal District as tax exempt. A copy of my letter to the Appraisal District is enclosed for your file. It was my pleasure to have been of service to you in this matter. Your ver ruly, Knox W. Askins KWA:sw Enclosures cc: Ms. Peggy Lee Planning Department City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 pis. Patrice Fogarty City Secretary City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572 -1218 281.471.1887 phone • 281.471.2047 fax • knoxaskins @comcast.net • ctaskins @swbell.net SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: May 9, 2011 Grantor: CITY OF LA PORTE, a municipal corporation Mailing Address: 604 West Fairmont Parkway La Porte, TX 77571 Grantee: LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY - HOUSTON, INC. ' i' '`' Mailing Address: P.O. Box 2087, La Porte, TX 77572 ;mo �l15i r ; Consideration: Ten and No /100 Dollars ($10.00) cash and other good ( and valuable considerations Property (including any improvements): Tract 1: Lots Seventeen (17) and Eighteen (18), in Block One 0 Hundred One (101), Town of La Porte, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in the Office of the County Clerk of Harris County, Texas. Tract Lots Nineteen (19) and Twenty (20), in Block One Hundred One (101), Town of La Porte, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in the Office of the County Clerk of Harris County, Texas. Reservations from and Exception to Conveyance and Warranty: Taxes for the current year have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. CITY •F `L rt k.....' IRT By: , r i. 1i,} LOU . RIGBY ' Mayo-- y d k AT ST: w c4=7 , ( i. 40evalt-V = , City Secretar : -t n ,A --- ti '11C f. r a STATE OF TEXAS § : c-•; § ,1 COUNTY OF HARRIS § This instrument was acknowledged before me on the day of , 2011, by LOUIS R. RIGBY, Mayor of the City of La Port , a municipal corporation. . 4, ' i � 1 ,s1__ ,L mot._ No': y Public, State of Texas 1 I -,- u SHARON HARRIS 0 LI My Commission Expires September 12, 2013 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. ' ' ASKINS & ASKINS, P.C. P.O. Box 1212 '�C P.O. Box 1218 La Porte, TX 77572 -1218 La Porte, TX 77572 -1218 UG di µ1 1 r ANY FA SOI CEA YOGI FES= DE SALE PM, CA USE OF DE MGM FIFA. vt FUSTY FirASEIO CACAAlaISNO VIS! f£ M. AYl. THE STATE OF TEXAS COUNTY OF HARRIS I toebF csj td lip iea7aaed was RED si Poe Ades Sepeaa on Ce dzte aed d b km Ovid PaIca bi mud was dukMOOED. Meta filicPam%c AealFircattdtkros 1 L : S Cork TIPS JUN 102011 x` h a Mie j .. Z . � COUNTY CLERK �,;, HARRIS COUNTY, TEXAS D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 5 -9 -11 Budget Requested By: Kenith Adcox Source of Funds: Department: Police Account Number: Report: Resolution: Ordinance: Amount Budgeted: Amount Requested: Exhibits: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Article III, Section 54 -61 of the Code of Ordinances and the Texas Government Code, Section 341.012, both entitled "Police Reserve Force ", require that persons appointed by the Chief of Police as reserve police officers must be approved by City Council before they may carry a weapon or otherwise act as a peace officer. The Department is requesting that City Council approve the appointment of recently retired Officer Jerome McKown to the Police Reserve Force. Jerome McKown holds a current Peace Officers License with the State of Texas. Action Required by Council: Approve the appointment of Jerome McKown to the La Porte Police Reserve Force. prow for City Council Agenda cili Ron Bottoms, City Manager Date 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 9, 2011 Appropriation Requested By: Michael Dolby, Dir of Finance Source of Funds: General Fund 001- 6146 -515 -4001 Department: Finance /Purchasing 002-6176-515-4001 Account Number: Report: Resolution: Ordinance: Amount Budgeted: 42,192.00 Exhibits: Contract Amount Requested: 44,427 Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The City currently leases a mail solution system through Pitney Bowes. During June 2008, Council awarded the contract for 60 months for the mail system including printer, sorter, folder, stuffer for $3,516 monthly over a 60 -month period. Staff would like to enhance the services received by Pitney to implement e- government billing. The new add -on has a faster spool time for processing and it will allow staff to utilize lock box payments, re -print single statements, email statements, save cost on printing, track payments by mail, and email direct deposit statements. Staff is satisfied with existing Pitney Bowes solution software and processing equipment. The additional pro -rated cost for the new add -on services is $2,235 this year. Staff recommends that the additional funding be split between general and utility fund contingency funds for this budget year. The remaining budget years funding will come from the appropriate line items without the need for contingency. Pitney Bowes mail solution system is available through Buy Board purchasing coop. Buy Board is a Texas Local Government Purchasing Cooperative that provides public agencies the opportunity to comply with state bidding requirements, by utilizing their bidding process. The Buy Board complies with state regulations when bidding the base product and provides multiple options, allowing the best "fit" for each entity according to their needs. Council entered into an interlocal agreement with BuyBoard on December 13, 2004. Staff Recommendation: Award contract to Pitney Bowes for a mail solution system in the amount of $3,963 per month for 60 months. Action Required by Council: • •prov award for mail solution system through Buy Board for a total of $47,556.00 per year for a five- , ear pe iod. , • r . ed : Ci L [ ouncil A. enda v ain Ron :r ity anager to PITNEY BOWES GLOBAL FINANCIAL SERVICES STATE & LOCAL FAIR MARKET VALUE LEASE AGREEMENT 1 1 1 1 1 1 1 1 1 PRICING IS CONSISTENT WITH TX BUYBOARD CONTRACT 328-09 Agreement Number Your Business information CITY OF LAPORTE Full Legal Name of Lessee DBA Name of Lessee Tax ID # (FEIN/TIN) 604 W FAIRMONT PKWY LA PORTE TX 77571 - 6215 . Billing Address: Street City State 21p +4 18833708862 Billing Contact Name Billing Contact Phone # Billing CAN # 604 W FAIRMONT PKWY LA PORTE TX 77571 -6215 Installation Address (l/ different from billing address): Street City State Zip +4 18833708862 , Installation Contact Name Installation Contact Phone # Installation CAN # Credit Card # Name on card Exp date Type of card Tax exempt # State fax (if applicable) Fiscal period (from -1o) Your Business Needs Check flans to be Included In customer's payment Qty Business Solution Description Service Level Agreement Mail Stream Solution - 1 X llert• AOwAesrepav and mature/ante servioe for egrpmen!('StandaMStA7 1 Document Processing Professional SeMCeS — Tier 2 - Provides Standard SSA plus Raining and print/lead replacement 1 Document Processing Professional Services — 1 Document Processing Professional Services Tier 3- Provides Rer2plus GUa anMed41lour Response Time 1 Document Processing Project Management 1 1 Connect.^r Advant age (elgible items are indicated bye) Third Party Products - 7 X j Software Maintenance {addnionai !ems appty)• revision updates 6fecMCa / assistance 1 Document Processing Professional Services ! ) Soh -0ua da>Subscd iton •Aovdes p postal and carrier updates 1 Document Processing Professional Services ❑ If you do not choose Soh- GuardA protection volts your lease, you wll automatically receive updates al Pars current rates. 1 PianetPress Image 1 PianetPress Production © InlellLlnk® Subsoipto Meter Rental • Provides simpd fed hiring and includes postage resets ( ) Value Based Service* 1 On -Site PianetPress Standard Training - 2 Days (x) Purchasa Power® credit me 2 Per Diem for Onsite Visit Permit mail Payment Service- Anon you to consolidate permit postage weh metered Additional Items on following page postage under one account As permit mad user, we need USPS forms 600t, 6002, and - 6003. along with the Permit Enrolment form, to activate your Pemvt Mad Payment seMce. Your Payment Plan Number of months 1 Monthly amount Billed Quarterly at' f $11,889 ( }Required advance check of S( ) received First 60 $3,963 ( ) Tax exempt certificate attached 'Goes not Include any appreabre taxes. Yo • :tune ou agree to , e bound by all - - terms and conditions of this Agreement, Including those contained on page 2 and those located in the Pitney Bowes Terms (Version 11 . , lch are a : able at ww,rw.pb.com/terms and are incorporated by reference. The Lease will be binding on PBGFS only after PBGFS has complete c dit and . % r entation approval process and an authorized PBGFS employee signs below. _c if, < lo li Sig :lure c Date 6 MIS V Print Name Ti . e Email Address Ronald Eidemire 040 Account Rep District Office PBGFS Acceptance PITNEY BOWES GLOBAL FINANCIAL SERVICES STATE & LOCAL FAIR tYIARKET VALUE LEASE AGREEMENT I 1 1_ 1 ( t 1 1 1 l PRICING IS CONSISTENT WITH TX BUYBOARD CONTRACT 328 -09 Agreement Number Your Business Information i CITY OF LAPORTE Full Legal Name of Lessee DBA Nemo of Lessee Tax 1D U (FEIN/TIN) 604 W FAIRMONT PKWY LA PORTE TX 77571 -6215 , Billing Address: Street City State 4+4 18833708862 Bitting Contact Name Billing Contact Phone # Billing CAN # 604 W FAIRMONT PKWY LA PORTE TX 77571 -6215 lnstellaUon Address (11 different from billing address): Street City State 21p +4 18833708862 installation Contact Name Installation Contact Phone # Installation CAN # Credit Card # Name on card Exp date Type of card Tax exempt # State tax (If applicable) Fiscal pedod (from. to) Your Business Needs check Senate M lneluded In customers payment l Qty Business Solution Description Smite Level Agmoment Mali Stream Solution -1 ( © Merl, ProKdeseepar end (mhl enancs lot egtipneNr3UOdantSEA) 1 Document Processing Prafessionai Services ■ Utz 2• Pee*Ma Under/ S Aplus Teaming andpYrthead reptsaement 1 Document Processing Professional Services ■ Der S , pm iekrs ykr2pus Curanhedl lair Responre line 1 Document Processing Professional Services 1 Document Processing Protect Management O Connect + Advonlpa (ttgbto lams sea indicated by it Thifd Patsy Products • 1 © Selteue Maintenance taddittonetSemis 004• Prdridea redtlon updates a ra ht,WIartntanda 1 _ Document Processing Professional Services banaurdasubocdptton Peace*: six/ ande -erfer updates 1 Document Processing Professional Services ❑ rtyoudo not choose SOb• CUardapmtedionwlhyourlease , you eat autamercalymetro • 1 PlanetPresa Image Wales at Para ovnere tales. 1 PlanelPress Production © rnitnu w nkmsubserseeVMa tarn► a• ft Brides sIparednaiemennefudesporlagomelt • 1 On-Site PlanelPress Standard Trainin 2 s t1 Parsaaes Peened) m sred tr 9 - Y SO l Purehaes Poredn me • 2 Per Diem for Onslte Visit El ems tell Payment Setvrct -Moves you f adsordala armtpoeage rah ',Weed Additional items on following page pottage Odermte eeoow, . Asa panne mg user we need USPS loans 6001, 6002, and 6001, eland wth the Perrot Enmsmenl form, to activate your Pern1iMad Payment service. Your Payment Plan Number of months Monthly amount Billed quarterly at' First 60 $3,963 $11,ggg ( } Required advance check of S( ) received ( ) Tex exempt certificate attached 'Does not Include any spp6cabb Was. Yo ture agree to !e bound by all 1 • = terms and conditions of ihls Agreement, Including those contained on page 2 and those located In the Pitney Bowes Terms ( ou ersion 11 • , Itch are a : able at u ob.comnns te and are incorporated by reference. The Lease will be binding on PBGFS only after PBGFS has omp let c dii end . r . entation approval process and an authorized PBGFS employee signs below. C ( I < Ito•%` re Stg• lu ?....sx).4.10 Date cAt. Print Name Ti e 4 Email Address Ronald Eldemlre 040 S 0...i-trt Q P%-4.A.-27T0. Account Rep District Office PBGFS Acceptance r .... trau -:ax ta•. a. m•t...: >•, toy e,,,:,•e IN, 1uio, .• 'n :rbtrrj 0n4.: rum:. , da; :ro :r.' Iran: ♦..t y..wrl.n.; • LEASE'TERMS AND CONDITIONS This is a tease with Pitney Bowes Global Financial Services LLC (PBGFS), Pitney Bowes' leasing company. PBGFS provides leasing options to our customers. PBGFS does not warrant, service or otherwise support the equipment. Those services are provided by Pitney Bowes inc. (P81) as stated In the Pitney Bowes Terms. Due to federal regulations, only P81 can own an inteliillnk Control Center or Meter. Therefore, those items are rented to you rather than teased. Unlike the other equipment you may lease from us, you cannot purchase an intelliLink Control Center or Meter at the end of the Agreement. L1. DEFINITIONS L9. RISK OF LOSS AND VALUEMAX' PROGRAM L1.1 All capitalized terms that are not defined in this document are Because we own the equipment while you lease it from us, we need to make defined in the °Definitions" section of the Pitney Bowes Terms. sure It is protected white it is In your possession. You can demonstrate to L2. AGREEMENT us that the equipment will be protected either by showing us that your L2.1 You are leasing the Equipment listed the Order. You will make insurance will cover the equipment or by enrolling In our fee -based each Monthly Payment by the due date shown on our invoice. VatueMAX program. The terms of that program are listed In Section 19.2. L2.2 You may not cancel this Lease for any reason except as expressly set forth in Sections 110 and 111 below. All payment obligations are unconditional. L9.1 Risk of Loss. L2.3 Our remedies for your failure to pay an time or other defaults are (a) You bear the entire risk of loss to the Equipment from the date of set forth in the "Default and Remedies" section of the Pitney shipment by PBI until the end of the Lease Term (including any Bowes Terms. extensions), regardless of cause, ordinary wear and tear L2.4 You authorize us to file a Uniform Commercial Code financing excepted ('Loss "). statement naming you as debtor/lessee with respect to the (b) No Loss will relieve you of any of your obligations under this Equipment. Lease. You must immediately notify us in writing of the L3. PAYMENT TERMS AND OBLIGATIONS occurrence of any Loss. 13.1 We will invoice you in arrears each month for all payments on the (c) You will keep the Equipment insured against Loss for its full Order (each, a "Monthly Payment"), except as provided in any replacement value under a comprehensive policy of Insurance or SOW attached to this Agreement. other arrangement with an insurer of your choice, provided that it L3.2 Your Monthly Payment may include a one -time origination fee, is reasonably satisfactory to us ("Insurance"). YOU MUST CALL amounts carried over from a previous unexpired lease, and other US AT 1 -800- 243 -9506 AND PROVIDE US WiTH EVIDENCE OF costs. INSURANCE. L3.3 If you request, your intelliLink Control Center/Meter Rental fees, L9.2 ValueMAX Program. Service Level Agreement fees, and Soft-Guarcr payments ("P8I (a) If you do not provide evidence of insurance and have not enrolled Payments ") will be included with your Monthly Payment and begin in our own program (VaIueMAX), we may include the Equipment with the start of the Lease Term. Your Monthly Payment will in the ValueMAX program and charge you a fee, which we will increase if your PBI Payments increase. include as an additional charge on your invoice. 14. EQUIPMENT OWNERSHIP (b) We will provide written notification reminding you of your L4.1 We own the Equipment. PBI owns any intelliLink Control Center insurance obligations described above in Section L9.1(c). or Meter. Except as stated in Section L6.1, you will not have the (c) If you do not respond with evidence of insurance within the time right to become the owner at the end of this Agreement. frame specified in the notification we may Immediately include the L5. LEASE TERM Equipment in the VatueMAX program. L5.1 The Lease term is the number of months stated on the Order (d) if the Equipment is included in the ValueMAX program and any ( "Lease Term "). damage or destruction to the Equipment occurs (other than from L6. END OF LEASE OPTIONS your gross negligence or willful misconduct, which is not covered 16.1 During the 90 days prior to the end of your Lease, you may, if not by VarueMAX), we will (unless you are in default) repair or replace in default, select one of the following options: the Equipment. (a) enter into a new lease with us: (e) If we are required to repair or replace the Equipment under the (b) purchase the Equipment as is, where is for fair market ValueMAX program and we fail to do so within 20 days of value; or receiving your written notice of loss or damage, you may (c) retum the Equipment, InIeltiLink Control Center and /or Meter terminate this Lease. in its original condition, reasonable wear and tear excepted. (f) We are not liable to you if we terminate the ValueMAX program. If you return the Equipment, IntelliLink Control Center and /or By providing the ValueMAX program we are not offering or selling Meter, at our option you will either (1) properly pack them and you insurance; accordingly, regulatory agencies have not insure them for their full replacement value (unless you are reviewed this Lease, this program or its associated fees, nor are enrolled in the ValueMAX® program) and deliver them they overseeing our financial condition. aboard a common carrier, freight prepaid, to a destination L10. NON - APPROPRIATION within the United States that we specify, or ((ii) properly pack L10,1 You warrant that you have funds available to pay all payments and return Them in the return box and with the shipping label until the end of your current fiscal period, and shall use your best provided by us and, in either case, pay us our then efforts to obtain funds to pay all payments in each subsequent applicable processing fee. fiscal period through the end of your Lease Term. If your L6.2 If you do not select one of the options in Section L6.1, you shall appropriation request to your legislative body, or funding authority i be deemed to have agreed to enter into successive 12 -month ("Governing Body ") for funds to pay the payments is denied, you annual extensions of the term of this Agreement. You may opt to may terminate this Lease on the last day of the fiscal period for I cease the automatic extensions by providing us with written notice which funds have been appropriated, upon (1) submission of within 120 days (but no Less than 30 days or such shorter period documentation reasonably satisfactory to us evidencing the as may be contemplated by taw) prior to the expiration of the Governing Body's denial of an appropriation sufficient to continue then - current term of this Agreement. Upon cancellation, you this Lease for the next succeeding fiscal period, and (ii) agree to either return all items pursuant to Section L6.1(c) or satisfaction of all charges and obligations under this Lease purchase the Equipment. incurred through the end of the fiscal period for which funds have LT. WARRANTY AND LIMITATION OF LIABILITY been appropriated, including the retum of the Equipment at your L7.1 WE (PBGFS) MAKE NO WARRANTIES, EXPRESS OR expense. IMPLIED, INCLUDING ANY WARRANTY OF 111. EARLY TERMINATION MERCHANTABILITY, FITNESS FOR A PARTICULAR L11.1 You further warrant that you intend to enter into this Lease for the PURPOSE, OR FREEDOM FROM INTERFERENCE OR entire Stated Term and you acknowledge that we have relied INFRINGEMENT. upon such represented intention when determining the applicable L7.2 P81 provides you with and we assign to you our rights in) the pricing plan. If you cancel or terminate this Lease prior to Limited warranty in the Pitney Bowes Terms, expiration of the Stated Term (other than for non - appropriations), L7,3 WE ARE NOT LIABLE FOR ANY LOSS, DAMAGE (INCLUDING you shall pay a termination charge equal to the nel present value INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES), of the monthly payments remaining through the completion of the OR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE term, discounted to present value at a rate of 6% per year. The EQUIPMENT. foregoing paragraph shall supercede Section G5.2(b) of the Pitney Bowes Terms. L8. EQUIPMENT OBLIGATIONS L12. MISCELLANEOUS L8.1 Condition and Repairs. You will keep the Equipment free from 112.1 If more than one Lessee is named in This Lease, liability is joint liens and encumbrances and in good repair, condition, and and several. working order. 112.2 YOU MAY NOT ASSIGN OR SUBLET THE EQUIPMENT OR L8.2 Inspection. We may inspect the Equipment and any related THIS LEASE WITHOUT OUR PRIOR WRITTEN CONSENT, maintenance records. WHICH CONSENT WILL NOT BE UNREASONABLY L8.3 Locatton. You may not move the Equipment from the location WITHHELD. specified on the Order without our prior written consent. L12.3 We may sell, assign, or transfer all or any part of this Lease or the Equipment. Any sale, assignment, or transfer will not affect your rights or obligations under this Agreement, Page 2 of 2 SIG FMV Lease Agreement (Rev. 1/11) See Pitney Bowes Terms for additional terms and conditions PITNEY BOWES GLOBAL FINANCIAL SERVICES STATE & LOCAL FAIR MARKET VALUE LEASE AGREEMENT 11 1 1 1 1 1 1 1 1 I PRICING IS CONSISTENT WITH TX BUYBOARD CONTRACT 328 -09 Agreement Number Your Business Information CITY OF LAPORTE Full Legal Name of Lessee DBA Name of Lessee Tax ID # (FEIN/TIN) 604 W FAIRMONT PKWY LA PORTE TX 77571 -6215 Billing Address: Street City State Zip$4 18833708862 Billing Contact Name Billing Contact Phone # Billing CAN # 604 W FAIRMONT PKWY LA PORTE TX 77571 -6215 Installation Address (if different from billing address): Street City State Zipt4 18833708862 Installation Contact Name Installation Contact Phone # Installation CAN # Credit Card # Name on card Exp date Type of card Tax exempt # State tax (if applicable) Fiscal period (from - to) Your Business Needs 1 Airfare for On -Site Visit Mail Stream Solution - 2 1 High Speed Laser Printer with Feeder 1 PB First Base License, Includes first 5 applications 1 Document Formatting Option 1 Advanced Checking Option for Document Formatting 1 SmatlMaiter Interface Option for PB FIRST(SmartMailer Not 1 Document Processing Professional Services 1 01950 4 Feeder Tower , High Capacity Sheet Feeder , 90 in, T 1 Scanning Installation & Operator Training 1 Operator Training for 01900/D1950 1 Installation & Training for High Capacity Sheet Feeder Additional Items on following page PITNEY BOWES GLOBAL FINANCIAL SERVICES STATE & LOCAL FAIR MARKET VALUE LEASE AGREEMENT 1 1 1 1 1 1 1 1 I 1 I PRICING IS CONSISTENT WITH TX BUYBOARD CONTRACT 328 -09 Agreement Number Your Business Information CITY OF LAPORTE Full Legal Name of Lessee DDA Name of Lessee Tax ID # (FEIN/TIN) 604 W FAIRMONT PKWY LA PORTE TX 77571 -6215 Billing Address: Street City State Zip +4 18833708862 Billing Contact Name Billing Contact Phone # Billing CAN # 604 W FAIRMONT PKWY LA PORTE TX 77571 -6215 Installation Address (If different from billing address): Street City State Zip +4 18833708862 Installation Contact Name Installation Contact Phone At Installation CAN # Credit Card # Name on card Exp date Type of card Tax exempt # Stale tax (if applicable) Fiscal period (from - to) Your Business Needs 1 Install & Training for Stackers 1 OptiFiow Power Stacker t Exit Transport 2 Sheet/Flat Env. Tray 2 Insert Tray 1 18 in. Table Extension 1 30 in. Table Extension 1 Scanner Mounting Kit for High Capacity Sheet Feeder 1 Bottom Address Inverter Kit 1 High Capacity Sheet Feeder Fixed Beam OMR & Barcode Sc 1 Tower OMR & Barcode Scanning Hardware wI Basic Integrity SendSuite - 1 Additional Items on following page PITNEY BOWES GLOBAL FINANCIAL SERVICES STATE & LOCAL FAIR MARKET VALUE LEASE AGREEMENT 1.1 1 I I I I I I I PRICING IS CONSISTENT WITH TX BUYBOARD CONTRACT 328 -09 Agreement Number Your Business Information 1 CITY OF LAPORTE Full Legal Name of Lessee DBA Name of Lessee Tax ID # (FEIN/TIN) 604 W FAIRMONT PKWY LA PORTE TX 77571 -6215 Billing Address: Street City State Zip +4 18833708862 Billing Contact Name Billing Contact Phone # Biking CAN # 604 W FAIRMONT PKWY LA PORTE TX 77571 -6215 Installation Address (If different from billing address): Street City State Zip +4 18833708862 Installation Contact Name Installation Contact Phone # Installation CAN # Credit Card # Name on card Exp date Type of card Tax exempt # State tax (if applicable) Fiscal period (from - to) Your Business Needs 1 Basic Single Site Multiple Workstations 1 SendSuite e- Certified Mail 1 Email Notification 1 SendSuite e- Return Receipt 1 USPS Activation 1 RDI - Single Site 1 UPS Activation 1 Software Meter Interface - per meter 1 Software Maintenance 1 SendSuite Installation Project Single Workstation 1 1 JB75 100 Ib. Tabletop Scale Additional Items on following page PITNEY BOWES GLOBAL FINANCIAL SERVICES l STATE & LOCAL FAIR MARKET VALUE LEASE AGREEMENT 1 1 1 1 1 1 1 1 T PRICING IS CONSISTENT WITH TX BUYBOARD CONTRACT 328 -09 Agreement Number Your Business Information , CITY OF LAPORTE Full Legal Name of Lessee DBA Name of Lessee Tax 1D 4 (FEIN/TIN) 604 W FAIRMONT PKWY LA PORTE TX 77571 -6215 Billing Address: Street City State Zipr4 18833708862 Billing Contact Name Billing Contact Phone 4 Billing CAN It 604 W FAIRMONT PKWY LA PORTE TX 77571 -6215 Installation Address (if different from billing address): Street City State Zip +4 18833708862 Installation Contact Name Installation Contact Phone 4 Installation CAN # Credit Card # Name an card Exp date Type of card Tax exempt 4 State tax (if applicable) Fiscal period (from - to) Your Business Needs 1 J776 Non - Contact Programmable Wedge Scanner 1 1E05 Laser Printer 1 PC wf Flat Panel Monitor: 2.8 Gin Pent 4, 512 M8 RAM, 40 G Mall Stream Solution - 3 1 Refinance DJW3 - 0008136 1 Refinance DMPS - 2001195 1 Refinance DJFO - 0010291 1 Refinance DJ80 - 0015759 May 9, 2011 La Porte City Council Meeting Relocation and Enlargement of Fire Station #1 PETITION against FIRE STATION #1 We the residents and owners of the homes in the 100 block of 3rd St. oppose the new fire station being built on Tots 11- 12- 13- 14 -15 -16 of 3 ST. We also are against the removal of the large trees on these lots. The city owns other properties in this area that should be used, eliminating the adverse effects of such a large fire station. There are no other fire stations in our city located so close to homes. This will cause adverse conditions to our quality of life • Noise • Vibrations • Bright lights at night • Increased drainage problems • Parking • Safety of our children PETITION against FIRE STATION #1 NAME ADDRESS PHONE 1 _ 3 ZS - o -3a8� 3 i - ii_ a- a. _ -3rC)1/4 ` 410 . N3L � 4 ai.7,2r 1,e'‹ - ''4 NS> 5 44 s . tz L f- x44 t Iz 6 (" \ 2 / 7 eaDAi c 540 VC _54 3t 2 - zzr S'v3�T 8 . .5/7 • " 95)6c-UJ'c 9 VZ Alb ik-ji A I )() 3 1(cj -54 & (DV/ D AW/ ( v 12 C cl _s(j' ! 1 3 s 3/7 5 13 ( ialt7-. l Q 3 3 G 1 0 7 f - Q , 7 5 b 7 7 S 7f 0 , 2 8 / - ( 6 1 - 4 0 0 P Z PETITION against FIRE STATION #1 NAME ADDRESS PHONE 14 �S t CSC -C repC, (o 9e 5 3 r/ 21vY4-T 7ZS" ?/ g5)„.°167-134. `732 -173/ 15 ta /q (I S, Rai )-", A 0, /.:e f/ , 75 16 17 18 19 20 21 22 23 24 25 26 27 4 �1 w . .. t' < 3,;t:', ,e,,_ " /. Fig'. • % " t - , ? r ` 1. Why there has been no notification to the public about relocating the . Y P g fire station or the increased size of it. , ,�' - ` 2. What studies have been done pertaining to NOISE and VIBRATION levels 4N 4----0 , -.--e2 , r te► r :� that will be experienced by the residents? --- !' 3. Lights and loud noise will be a problem at night for all residents on the CIWN block f` T:z.DrA �tdlW 4. What has been done to address the existing drainage problem in the 100 block of 3 rd and what studies have been done to evaluate the effect of all the proposed new concreted areas? 5. The elevation of the new station will add to the existing problem of yard flooding. 6. The proposed location will be . ft. from the outside wall of the home at 113 s. 3rd. N ° °ne should be forced to live this close to a fire station. 7. Street parking is the only parking for residents on this section of 3rd What accommodations will be made for this? 8. What Justification is there for the removal of the large pecan trees on lot 11, they do not cause a pedestrian or vehicular hazard as required for removal. New buildings are to be built to accommodate the trees. 9. This is an improper location for a fire station of this size .This will be the largest fire station in the city. There are no other fire stations located so close to homes anywhere in the city. 10. Building the fire station here will lower the property value and desire to live in any of the homes on this block of the street 11. We do not think the fire station will be a good neighbor much like the port just a lot of noise, vibration, and light on a 24 hour period 12. The city owns other properties in the area that will accommodate the new fire station as designed elimilating the multitude of problems it will cause in the 100 block of 3 St °- ^l y i 5 4 7 , ,I ,.4:4,,A t.... 1 0 CC-- Ea-itlYNS.. ••••11'"-.4.1/1"■___t 11 -Clal ,T," 2. f LA....p.,.......ez.. , i -5 3 1 7/ ,-. --------- tAi- , N-4,,,k-. ,, C_r- - s:( ` 'L-CN '-' ...11(...i 1 ,v. -.) A- 4:-.`2,1-1..._ A N...,$C j•--- - -- '' • ..,_._ \ c„ i z o\. , A::KIA-)/ i k . :34\ . •-C jt:aus2.,„ 5t. t___,I, O -.. 1,5 i -- VI' ---1:. ej LC:a....U...SYL \A-I , ...f,....L 41 i i ...,,,, t. t rt . r.r).......x....4.0..0, ,.... 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