HomeMy WebLinkAbout10-10-11 Regular Meeting of La Porte City CouncilLOUIS RIGBY
Mayor
JOHN ZEMANEK
Councilmember at Large A
DOTTIE KAMINSKI
Councilmember at Large B
MIKE MOSTEIT
Councilmember District 1
CHUCK ENGELKEN
Mayor Pro -Tem, Councilmember District 2
CITY COUNCIL MEETING AGENDA
DARYLLEONARD
Councilmember District 3
TOMMY MOSER
Councilmember District 4
JAY MARTIN
Councilmember District 5
MIKE CLAUSEN
Councilmember District 6
Notice is hereby given of a Regular Meeting of the La Porte City Council to be held October 10,
2011, beginning at 6:00 p.m. in the Council Chambers of City Hall, 604 West Fairmont Parkway,
La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are
subject to action. The City Council reserves the right to meet in a closed session on any agenda
item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of
the Texas Government Code.
1. CALL TO ORDER
2. INVOCATION — The invocation will be given by Michael Joe Thannisch of Congregation Benim
Avraham.
3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Mike
Clausen.
4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Delbert Landry, 316 S. 11 St. — Retention Pond (F216 Project)
6. CONSENT AGENDA
(a) Consider approval or other action of the minutes of the regular meeting of the La Porte
City Council held on September 26, 2011 — P. Fogarty
(b) Consider approval or other action to approve city council meeting dates for the months of
November and December 2011 as recommended by staff — R. Bottoms /P. Fogarty
(c) Consider approval or other action regarding an ordinance authorizing the City Manager to
execute approved form of Agreement Letter with companies located within the Battleground
Industrial District for the City of La Porte EMS — R. Nolen
(d) Consider approval or other action regarding an ordinance authorizing the City Manager to
execute a contract with Dr. Oscar Boultinghouse, M.D., for medical services — R. Nolen
(e) Consider approval or other action awarding Bid #12003 for Medical Supplies — S. Cream
(f) Consider approval or other action authorizing the City Manager to approve a lease
agreement with Dell Computers to replace laptop and desktop computers — J. Suggs
7. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Public Hearing to receive comments regarding the taxation of tangible personal property in
transit — M. Dolby
(b) Consider approval or other action regarding an ordinance authorizing the City of La Porte
to continue to tax "goods in transit," as allowed by Tex. Tax Code §11.2530 -1) — M. Dolby
(c) Public Hearing to receive comments regarding condemnation of the substandard building
at 1307 E. Main Street (this item has remained in public hearing status since the City Council
meeting held on September 26, 2011) — D. Wilmore
(d) Consider approval or other action of an ordinance condemning the building at 1307 E.
Main Street — D. Wilmore
(e) Public Hearing to receive public input on the Proposed 2010 La Porte Redistricting Plan
and Ordinance — T. Tietjens
(f) Consider approval or other action regarding an ordinance adopting the Proposed 2010
La Porte Redistricting Plan as recommended by the 2010 La Porte Redistricting Committee
— T. Tietjens
(g) Public Hearing regarding the annexation of an approximately 29 -acre tract of land in the
Battleground Industrial District and located within the City of La Porte's extraterritorial
jurisdiction — T. Tietjens
8. ORDINANCES
(a) Consider approval or other action of an ordinance declaring donation collection bins a
public nuisance and prohibiting same within the city limits — D. Wilmore
(b) Consider approval or other action of an ordinance adopting the revised hotel tax ordinance
— M. Dolby
9. RESOLUTIONS
(a) Consider approval or other action of a resolution authorizing the sale of Lots 1, 2 & 3,
Block 400, Town of La Porte — K. Powell
10. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding the phasing and funding of the Concrete Street
Program and provide staff with direction — J. Garza
11. STAFF REPORTS
(a) Receive Drainage Report — J. Garza
12. ADMINISTRATIVE REPORTS
(a) October 24, 2011 — City Council Meeting — 6:00 p.m.
13. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual
information or existing policies — Councilmembers Clausen, Martin, Moser, Kaminski, Zemanek,
Leonard, Engelken, Mosteit and Mayor Rigby
14. EXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should the need
arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government
Code, including, but not limited to, the following:
Texas Government Code, Section 551.072(1) — Deliberation regarding real property: Discussion
of the sale of property located at 908 and 912 W. Main Street.
Texas Government Code, Section 551.072(1) — Consultation with Attorney regarding pending or
contemplated litigation /settlement offer: Update regarding annexation of an approximately 29 -acre
tract of land in the Battleground Industrial District.
Texas Government Code, Section 551.074 — Deliberation concerning the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee: Ron Bottoms, City Manager.
15. RECONVENE into regular session and consider action, if any, on items discussed in executive
session.
16. ADJOURN
In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable
accommodations for persons attending public meetings. To better serve attendees, requests should be
received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.
CERTIFICATION
I certify that a copy of the October 10, 2011, agenda of items to be considered by the City Council was posted on the
City Hall bulletin board on October 4, 2011.
Patrice Fogarty, City Secretary
I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from
the City Hall bulletin board on the day of 2011.
Signature of person removing from bulletin board
Council Agenda Item
October 10, 2011
1. CALL TO ORDER
2. INVOCATION — The invocation will be given by Michael Joe Thannisch of Congregation
Benim Avraham.
3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember
Mike Clausen
4. PRESENTATOINS, PROCLAMATIONS AND RECOGNITIONS
5. PUBLIC COMMENTS (Limited to five minutes per person)
(a) Delbert Landry — Retention Pond (F216 Project)
**************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
LOUIS RIGBY
Mayor
JOHN ZEMANEK
Councilmember at Large A
DOTTIE KAMINSKI
Councilmember at Large B
MIKE MOSTEIT
Councilmember District 1
CHUCK ENGELKEN
Mayor Pro Tem
Councilmember District 2
DARYLLEONARD
Councilmember District 3
TOMMY MOSER
Councilmember District 4
JAY MARTIN
Councilmember District 5
MIKE CLAUSEN
Councilmember District 6
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
SEPTEMBER 26, 2011
The City Council of the City of La Porte met in a regular meeting on Monday, September 26, 2011, at the
City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the
following items of business:
CALL TO ORDER
Mayor Rigby called the meeting to order at 6:00 p.m. All members of Council were present. Also
present were City Secretary Patrice Fogarty, City Manager Ron Bottoms and Assistant City
Attorney Clark Askins.
2. INVOCATION - The invocation was given by Father Gary Rickles.
3. PLEDGE OF ALLEGIANCE - The pledge of allegiance was led by Councilmember Mike Mosteit.
4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Gideon Jones, 10403 Quiet Hill, La Porte, read a letter of thank you regarding the La Porte Airport
and Auto Show. Mr. Jones thanked staff members Dave Mick, Stacey Osborne and Anthony
Virgadamo.
Vicki Campise, 1902 Roscoe, La Porte, addressed City Council concerning the need for additional
parking, marked pedestrian crosswalks for safety and traffic lights on Main Street. Ms. Campise
also commented regarding beautification, stating it is a good idea; and she requested City Council
to consider changes to Main Street.
6. CONSENT AGENDA — Consent agenda items are considered routine by the City Council and will
be enacted by one motion. A Councilmember may remove any item for discussion and /or separate
action.
(a) Consider approval or other action of the minutes of regular meeting of La Porte City Council
held on September 12, 2011 — P. Fogarty
(b) Consider approval or other action authorizing a budget adjustment to increase the Golf
Course Tunnel Improvement Project total from $180,096 to $25,233 in Fund 049 — D. Mick
(c) Consider approval or other action awarding Bid #11029 for Bay Forest Golf Course Pond
Bulkhead Improvements —A. Osmond
(d) Consider approval or other action awarding Bid #11027 and authorizing the City Manager to
execute a contract for the Park Avenue Pedestrian Pathway and Sidewalk Replacement/
Infill Project — S. Barr
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September 26, 2011, City Council Meeting Minutes
(e) 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, to increase fees for the Sylvan
Beach Fishing Pier — S. Barr
(f) Consider approval or other action authorizing the City Manager to execute a lease
agreement with the Texas Commission on Environmental Quality (TCEQ) for the placement
of atmospheric testing equipment at the La Porte Municipal Airport — D. Mick
(g) Consider approval or other action regarding an Ordinance amending the Interlocal
Agreement between the City of La Porte and Harris County for fixed route bus service with
complementary paratransit services; and authorize the City Manager to execute
Amendment No. 1 — R. Bottoms
(h) Consider approval or other action authorizing the City Manager to enter into contracts for
the annual supply of water and sewer materials — S. Cream
Assistant City Attorney Clark Askins read the caption of Ordinance 3379, AN ORDINANCE
APPROVING AND AUTHORIZING AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE
CITY OF LA PORTE AND HARRIS COUNTY, FOR FIXED ROUTE BUS SERVICE WITH
COMPLEMENTARY PARATRANSIT SERVICES IN THE CITY OF LA PORTE, MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Consent items B, D, E, and F were pulled for individual discussion and comments; regarding Item
E, Councilmember Zemanek requested this item be voted on separately.
Regarding Item B, Councilmember Zemanek asked who the contractor is and the amount of fees
for services. Public Works Director Dave Mick informed him that Cobb Fendley is the contractor,
and the design of the project would require additional funding.
Regarding Item D, Councilmember Zemanek questioned if the project was one that City Council
requested to be delayed. Director of Parks and Recreation Stephen Barr informed him that the
project was approved by City Council in the last budget year.
Regarding Item E, Councilmember Zemanek questioned the necessity of increasing fees. Director
of Parks and Recreation Stephen Barr informed that due to the increase of traffic, Harris County
was requiring the concessionaire to pay for security during weekends in the summer and the need
to ensure payments would be collected from pier traffic. Councilmember Zemanek questioned how
much revenue had been generated from the increase of traffic. Mr. Barr informed him that the pier
has not been operational for a complete year, and it is too soon to calculate how much revenue has
been generated. Mayor Rigby asked who requested 24 -hour operation and whether there are
records of pier usage. Mr. Barr informed him that Harris County requested the 24 -hour operation
as per the agreement, and Concessionaire Ms. Witt advised there were not any records available at
the present time. Councilmember Martin commented he was not in favor of increasing fees for
seniors and children. Councilmember Kaminski commented she would need additional background
information before voting on an increase of fees. Ms. Witt informed Council she did not have an
issue with no increase in fees for seniors and children.
Regarding Item F, Councilmember Zemanek questioned if there would be a problem with noise and
if sound testing had been conducted. Public Works Director Dave Mick informed there would not
be any noise per the agreement with Texas Commission on Environmental Quality (TCEQ).
Councilmember Engelken moved to approve Consent Agenda Items A, B, C, D, F, G, and H
pursuant to recommendations by City Staff. Councilmember Clausen seconded.
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September 26, 2011, City Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: None
Councilmember Engelken moved to deny Consent Agenda Item E so that more information can be
brought back. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: None
7. AUTHORIZATIONS
(a) Consider approval or other action establishing the Tax Rate for the 2011 -2012 Fiscal Year,
consisting of maintenance and operation rate of $.605 and a debt service rate of $.105 for a
total tax rate of $71 per hundred dollar valuation — M. Dolby
Director of Finance Michael Dolby presented a summary.
Councilmember Clausen moved to approve establishing the Tax Rate for the 2011 -2012
Fiscal Year, consisting of a maintenance and operation rate of $.605 and a debt service rate
of $.105 for a total tax rate of $71 per hundred dollar valuation. Councilmember Zemanek
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: None
(b) Consider approval or other action regarding modifications to the City's Medical Plan and
premiums, based on recommendations of the Chapter 172 Committee — H. Weger
Human Resource Manager Heather Weger presented a summary.
Councilmember Clausen moved to adopt all recommendations as presented.
Councilmember Martin seconded. MOTION FAILED.
Ayes: Councilmembers Clausen, Engelken and Martin
Nays: Mayor Rigby, Councilmembers Mosteit, Moser, Kaminski,
Zemanek, and Leonard.
Councilmember Leonard moved to table the item in order to have staff and the Chapter 172
Committee provide additional alternatives for consideration. Councilmember Moser
seconded.
After further discussion, Councilmember Leonard amended his motion and moved to
approve all bulleted items on the agenda request except Items two and seven — changes to
out of network deductibles and the proposed increase in monthly premiums on the PPO 500
Plan — and for staff to come back with additional plans for these two items as recommended
after further review by the Chapter 172 Committee. Councilmember Moser amended his
second to include that language. MOTION PASSED.
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September 26, 2011, City Council Meeting Minutes
Ayes: Councilmembers Moser, Kaminski, Zemanek, Leonard, and
Mayor Rigby
Nays: Councilmembers Clausen, Martin, Engelken, and Mosteit
Mayor Rigby clarified the motion and provided direction to Human Resource Manager Heather Weger
by indicating bullet points on the agenda request as follows:
Bullet points one, three, four, five and six below were fine as presented.
• No changes to In- network benefits
• Increasing the coinsurance for out of network benefits from 40% to 50% for both Healthfund plans.
• Modifying the plan to pay out -of network benefits at 110% of Medicare allowable costs for
professional fees and 140% of Medicare allowable costs for facility fees.
• Increasing the copay for formulary brand name drugs from $25 to $30
• Increasing the copay for non - formulary brand name drugs from $50 to $60.
Bullet points two and seven are to come back with different options for consideration.
• Increasing the Out -of- network deductibles from $2,000 to $3,000 for the HealthFund 1000 plan and
from $1,000 to $3,000 for the PPO 500 plan
• Increasing the monthly premiums for active employees on the PPO 500 plan as follows:
o $20 for employee only coverage
o $40 for Employee + Spouse Coverage
o $60 for Employee + Children coverage
o $80 for Family coverage
8. PUBLIC HEARING AND ASSOCIATED MATTERS
(a) Public Hearing to receive comments regarding condemnation of the substandard building at
1307 E. Main — D. Wilmore
City Council opened the public hearing at 7:16 p.m., which is a continuance of the public hearing
from June 27, 2011, regarding condemnation of substandard building located at 1307 E. Main
Building Official Debbie Wilmore presented a summary and reported there has not been any
change to the property, and there was not a family representative present at the public hearing.
There was no public input.
Councilmember Zemanek moved to continue the public hearing to the next Council Meeting on
October 10, 2011. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: Councilmember Clausen
(b) Consider approval or other action of an ordinance condemning building located at 1307 E.
Main — D. Wilmore
There was no action taken on Item 8(b).
Page 4 of 7
September 26, 2011, City Council Meeting Minutes
9. ORDINANCES
(a) Consider approval or other action regarding an ordinance repealing the exemption from
collection of sales tax on telecommunication services under authority of Texas Tax Code
Section 321.210 — M. Dolby
Finance Director Michael Dolby presented a summary.
Councilmember Zemanek moved to deny adoption of the ordinance. Councilmember Martin
seconded. MOTION PASSED.
Ayes: Councilmembers Leonard, Zemanek, Engelken, Moser,
Kaminski, Clausen and Martin
Nays: Mayor Rigby and Councilmember Mosteit
10. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding pedestrian and vehicular safety measures on Main
Street including, but not limited to, traffic signals and cross walks — Mayor Rigby
Public Works Director Dave Mick presented a summary.
Councilmember Moser commented Main Street business owners were in favor of a traffic
light at 2n Street, and pedestrian safety and speeding traffic is a concern.
Assistant City Attorney Clark Askins discussed the Texas Tort Claims Act in addition to
advising that the City has discretion as to placing a traffic light on 2n and Main Street.
Councilmember Zemanek questioned if Pate Engineering conducted a study for a traffic
light. Director of Planning Tim Tietjens informed that Pate Engineering conducted an initial
traffic count, and a traffic light was not supported. Mr. Tietjens informed Council that the
business owners on Main Street would like parking along Main Street, and the City was
looking for additional parking.
Councilmember Martin commented there are safety concerns regarding parking along Main
Street and individuals exiting and entering their vehicles.
Councilmember Moser commented parking was the number one concern on Main Street.
Mayor Rigby questioned if City Council decided to place a traffic light at 2n Street, would an
alternative analysis still have to be completed. Public Works Director Dave Mick informed a
warrant analysis would not be completed if City Council decided to move forward with a
traffic light.
Councilmember Moser made a motion for staff to move forward with a traffic light at 2nd
Street. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Councilmembers Leonard, Zemanek, Engelken, Moser,
Kaminski, Mosteit, Martin and Mayor Rigby
Nays: None
(b) Discussion or other action regarding Pasadena Convention Center improvements — T.
Tietjens
City Engineer Julian Garza presented a summary, and Tom Ramsey, with Klotz and
Associates, presented a power point presentation.
Page 5 of 7
September 26, 2011, City Council Meeting Minutes
City of Pasadena Director of Public Works Robin Green spoke on behalf of the City of
Pasadena. Mr. Green advised the City of Pasadena has funded the first phase of the
project.
Councilmember Mosteit asked that City Council be assured that the City of La Porte
receives drainage benefits and proposed projects in the City of La Porte will not be delayed
based on what the City of Pasadena does. City of Pasadena Director of Public Works Robin
Green commented if La Porte City Council approved the project, an agreement would
clearly state the City of Pasadena would make improvements to drainage.
City Engineer Julian Garza advised City Council that drainage projects in La Porte will not
be delayed and are moving forward. Mr. Garza also advised the projects were on the Harris
County Flood Control District Improvement Plan, as well; and a meeting is planned with
Harris County Flood Control District for an update on these projects.
Councilmember Leonard questioned the purpose of control structures. Gary Struzik, with
Klotz and Associates, informed there are two purposes of the control structures, for
conveyance of storm water and to create a water feature.
Councilmember Engelken expressed his concerns regarding downstream effects not being
addressed, the fifty -seven homes destroyed in the Brookglen Subdivision, and the lack of
assistance from Harris County Flood Control District. Councilmember Engelken also
commented he was in favor of improving drainage but was opposed to the de- annexation.
Mayor Rigby commented he would contact Mayor Isbell and inform him of Council's
discussions and concerns.
(c) Discussion or other action regarding group homes, (aka community homes, residential
personal care homes, living centers and assisted living centers) — D. Wilmore
Chief Building Official Debbie Wilmore presented a summary.
City Council directed staff to send the issue of registration of group homes to the Planning
and Zoning Commission.
(d) Discussion or other action regarding a presentation by Marc Campos of Celanese
Corporation on their project to convert natural gas into ethanol. — Mayor Rigby
Marc Campos of Celanese Corporation provided a presentation on a project to convert
natural gas into ethanol. Mayor Rigby will sign a letter of support.
11. STAFF REPORTS
(a) Receive report from Perdue, Brandon, Fielder, Collins & Mott regarding the delinquent tax
collection process — K. Powell
Attorney Jason Bailey with Perdue, Brandon, Fielder, Collins & Mott provided a report on the
delinquent tax collection process.
Councilmember Zemanek questioned why properties with delinquent taxes since the 1980's
are still on the delinquent tax list. Mr. Bailey informed those delinquent tax properties are
either `upside down or underwater,' have deceased heirs, or are probate and /or bankrupt
properties that are to be resolved by Perdue, Brandon, Fielder, Collins & Mott.
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September 26, 2011, City Council Meeting Minutes
Councilmember Zemanek requested Mr. Bailey provide an update of the delinquent taxes
for East "A" Development for City Council. Mr. Bailey stated he would do so.
(b) Receive Drainage Report — J. Garza
Because drainage projects in the City were discussed earlier in the meeting, City Engineer
Julian Garza did not provide a Drainage Report.
(c) Receive CIP Update — T. Tietjens, S. Osborne, M. Boaze, D. Mick, J. Suggs, A. Osmond
and S. Barr
City Council received Capital Improvement Projects updates from Director of Planning Tim
Tietjens, Economic Development Coordinator Stacey Osborne, Fire Chief Mike Boaze,
Public Works Director Dave Mick, Emergency Coordinator Jeff Suggs, Golf Course Manager
Alex Osmond, and Director of Parks Stephen Barr.
12. ADMINISTRATIVE REPORTS — R. Bottoms
October 3, 2011 — La Porte Development Corporation Board Meeting — 5:00 p.m.
October 3, 2011 — Joint La Porte Development Corporation Board /City Council Meeting 6:00 p.m.
October 10, 2011 — City Council Meeting — 6:00 p.m.
October 24, 2011 — City Council Meeting — 6:00 p.m.
13. COUNCIL COMMENTS REGARDING MATTERS APPEARING ON AGENDA; RECOGNITION OF
COMMUNITY MEMBERS, CITY EMPLOYEES, AND UPCOMING EVENTS; INQUIRY OF STAFF
REGARDING SPECIFIC FACTUAL INFORMATION OR EXISTING POLICIES — Councilmembers
Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard and Mayor Rigby
Councilmember Martin thanked staff for the reports and Rebecca Collins, Editor of the Bay Area
Observer, for attending the meeting.
14. EXECUTIVE SESSION
There was no Executive Session.
15. There being no further business, Councilmember Engelken moved to adjourn the meeting at 10:15
p. M.
Respectfully submitted,
Patrice Fogarty, City Secretary
Passed and approved on the 10 of October, 2011.
Mayor Louis R. Rigby
Page 7 of 7
September 26, 2011, City Council Meeting Minutes
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested October 10, 2011
Requested By R. Bottoms/P. Fogarty
Department:
City Manager /City Secretary
Report: Resolution: Ordinance:
Exhibits:
Exhibits:
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YE NO
SUMMARY & RECOMMENDATION
The City Council has traditionally held one meeting per month during the months of November
and December. Staff is recommending the following changes to the regular meeting schedule to
accommodate this holiday meeting schedule:
• Conduct regular meeting on November 14, 2011
• Cancel the November 28, 2011 meeting due to the Thanksgiving Holiday
• Conduct regular meeting on December 12, 2011
• Cancel the December 26, 2011 meeting due to the Christmas /New Year Holidays
Should a need arise to conduct City business, a special called meeting would be scheduled.
Action Required by Council:
Consider and approve new meeting dates as recommended by staff.
Approved for City Council Agenda
Ron Bottoms, City Manager
Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 10, 2011
Requested By: Ray Nolen
Department: EMS
Report: Resolution: Ordinance X
Exhibits:
Coiy of BID Agreemen
Exhibits:
Cope of Agreement Invoice
Exhibits:
Cope of Agreement Cover Letter
Exhibits:
Ordinance
Appropriation
Source of Funds: N/A
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The existing annual agreements for EMS services with the Battleground Industrial District (Area
north of Hwy 225 between Battleground Rd. and Hwy 146) are set to expire on September 30,
2011. These agreements have worked well for the provision of emergency medical services in
the past and staff would like to continue the practice by renewing the agreements between the
City of La Porte EMS and the companies located within the Battleground Industrial District to
provide Emergency Medical Service for a period of thirty -six (36) months, which is expanded
from the current one year term.
The attached 2011 -12 agreement is calculated at a rate of $26.86 per employee, per year. This is
an increase of $4.10 per employee over the previous period's negotiated rate mostly due to the
cost of adding a third ambulance. The total agreement amount invoiced will be based on an
Average Daily Population at each company.
2009 -10 Revenues— Actual $59,914.00 / Calls-39
2010 -11 Revenues— Actual $66,481.96 / Calls-47
2011 -12 Revenues —Projected $70,000.00
Attached is an ordinance authorizing the City Manager to execute individual agreements
effective October 1, 2011 with the companies located within the Battleground Industrial District
for Emergency Medical Service. The agreements will expire on September 30, 2014.
Staff recommends authorizing the City Manager to execute the submitted agreement letter for
providing Emergency Medical Service to the companies located within the Battleground
Industrial District.
Action Required by Council:
Approve an Ordinance authorizing the City Manager to execute an Agreement Letter with the companies
located within the Battleground Industrial District for the City of La Porte EMS.
Approved for City Council Agenda
Ron Bottoms, City Manager
Date
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 1 st day of October,
2011, and ending on the 30 day of September, 2014, 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 $26.86 per person fee, and
shall be paid in full by the facility or business to LA PORTE, on or before the 1st day of January,
2011.
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 services 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, based on
changes to ADP, commencing October 1, 2011.
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 LaPorte.
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 become effective at 12:00 A.M. Central Time, on the 1 st day of
October, 2011 and shall remain in full force and effect until the 30th day of September, 2014
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.
10) This agreement shall remain in effect after September 30, 2014 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
. Such notice shall be sent
by the COMPANY to LA PORTE at 604 West Fairmont Parkway, La Porte, Texas, 77571,
Attention: City Manager.
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
1 20
Agreed to by the CITY OF LA PORTE
Attest:
Ron Bottoms, City Manager
Patrice Fogarty, City Secretary
Agreed to by COMPANY
By:
Authorized Representative
L 16 City of La Porte
0 Established 1892
INVOICE
AMBULANCE SERVICE FEE
October 1, 2011 — September 30, 2012
The ambulance service fee is $26.86 per on -site employee and shall include the number of
recurring contract workers. Please list the number of covered personnel at your site, figure in
the total fee due and forward this form along with your fees to the address listed below.
Date:
Company Name:
Number of Employees
Recurring Contract Workers
Total Covered Personnel
Total Fees Due
X $26.86
I certify that the above employee and contract worker count is accurate to the best of my
knowledge.
Signature of Site Manager
* * * * ** PLEASE RETURN THIS FORM * * * * **
THIS FORM MUST BE SIGNED BY THE SITE MANAGER AND RETURNED ALONG
WITH A CHECK NO LATER THAN JANUARY 1, 2012.
Make check payable and mail to: City of La Porte - EMS
P.O. Box 1359
LaPorte, Texas 77572 -1359
City of La Porte
Emergency Medical Services
604 West Fairmont Parkway
La Porte, Texas 77571
(281) 471 -9244
EMERGENCY 9 -1 -1
Ray Nolen
Chief
October 1, 2011
Emergency Medical Seivices — Provider Agreement
The current agreement between the City of La Porte and facilities located within the Battleground Industrial District
for Emergency Medical Seivices will expire on September 30, 2011.
The City of La Porte Avould like to re -neiv these particular agreements during the upcoming month to facilitate
continuous coverage of Emergency Medical Seivice for your facility for a period of 36 months. The current
agreement is based on a fee of $22.76 per on -site employee. The attached renewal agreement reflects an increase to
$26.86 per on -site employee based on increases mainly associated with the City of La Porte having to place an
additional 24 hour ambulance into service during the upcoming fiscal year to meet the call demand for the areas that
the City of La Porte EMS seines. This additional cost is fairly substantial and has to be shared 1vith contracted areas
as Avell as the citizens of La Porte to help better serve eveivone`s emergency medical needs.
This agreement Avill be valid for a period of 36 months with invoices being processed for payment amorally.
Facilities located ivid" the Battleground Industrial District that elect to not enter into an agreement and remit
associated fees will continue to receive Emergency Medical Seivices responses provided by the City of La Porte as
needed, however, a "Non- Member Fee" of $1500.00 will be charged to the Non - Member facility on a per response
basis. This fee will be separate from any customary patient billing.
Please review, sign and return all (3) copies of the agreement along with a copy of the completed invoice and your
payment.
Should any questions or concerns arise as a result of this notice, please feel free to contact me at your earliest
convenience.
This new agreement would expire September 30, 2014.
Thank v ou,
Rai Nolen
Chief
281.471.9244
nolenrWIlaportetx.gov
ORDINANCE NO.
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 LaPorte. 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.
Section 3. This Ordinance shall be effective from and after its passage and approval,
and it is so ordered.
PASSED AND APPROVED, this 10th day of October, 2011.
CITY OF LA PORTE, TEXAS
Louis R. Rigby
Mayor
ATTEST:
Patrice Fogarty
City Secretary
APPROVED:
Clark T. Askins
Assistant City Attorney
2
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 10/10/2011
Requested By: Ray Nolen
Department: EMS
Report: Resolution: Ordinance XXX
Exhibits: Contract with Medical Director
Exhibits: Conv of Ordinance
Exhibits
Appropriation
Source of Funds: General Fund
Account Number: 00150595225005
Amount Budgeted: '12,000.00
Amount Requested: $17,00000
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
This is a contract renewal between Dr. Oscar Boultinghouse and the City of La Porte to serve as
medical director for EMS. Dr. Boultinghouse has been the EMS medical director for the City of
La Porte for the last 13 years and has done an outstanding job in that capacity. The Medical
Director is ultimately responsible for all medical treatment performed by the paramedics that are
employed by the City of LaPorte.
Details of the contracts are as follows:
• Contract renewal period is Retro- active to October 1, 2011 through September 30, 2012.
• Contract renewal fee increased a total of $3,000.00 over last year. Prior to this request for
an increase, the last contract increase was requested and approved in the FY 2007 -08
budget period. This increase was approved in the FY2011 -12 budget process.
EMS medical directors are a covered party under the TML Incidental Medical Malpractice
Liability Coverage plan.
Staff recommends approval of an ordinance to renew the contract with Dr. Oscar Boultinghouse,
M.D.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with Dr. Oscar
Boultinghouse, M.D., Medical Director for the City of La Porte EMS.
Approved for City Council Agenda
Ron Bottoms, City Manager
Date
CONTRACT FOR MEDICAL DIRECTOR
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
CITY OF LA PORTE, TEXAS
This Contract entered into this the 1st day of October, 2011, by and between the
City of La Porte, Texas, a municipal corporation (hereinafter called "City ") acting by and
through its duly authorized City Manager, and Dr. Oscar Boultinghouse, M.D.,
(hereinafter sometimes called "Dr. Boultinghouse "),
WITNES SETH:
WHEREAS, there is a recognized need to provide high quality emergency
medical services and related medical care in the City of LaPorte, Texas; and
WHEREAS, the City desires to provide medical direction for its Department of
Emergency Medical Services through the use of a licensed physician; and
WHEREAS, the City desires to contract with Dr. Boultinghouse to serve as
Medical Director for the Department of Emergency Medical Services of the City and Dr.
Boultinghouse is willing to serve as Medical Director under the terms and conditions
stated herein;
NOW, THEREFORE, in consideration of the premises, the agreements herein
contained and other and valuable consideration, receipt of which is hereby
acknowledged, the parties hereby agree as follows:
Page 1
I.
MEDICAL DIRECTOR: Dr. Boultinghouse hereby contracts with the City
as an independent contractor to serve as Medical Director of the Department of the
Emergency Medical Services of the City (the "Medical Director ") for the term stated
below.
II.
RESPONSIBILITIES AND AUTHORITY OF MEDICAL DIRECTOR:
The responsibilities and authority of the Medical Director shall be as follows:
A. General
(1) Ultimate responsibility for all medical issues concerning the City
Department of Emergency Medical Services.
(2) The authority to make decisions affecting all medical aspects of the City
Department of Emergency Medical Services.
(3) Being responsible to but not governed by the EMS Chief of the City of La
Porte.
(4) Inspect, evaluate and make recommendations regarding medical equipment
purchased by the City Department of Emergency Medical Services.
B. Education
Responsibility for developing, implementing and participating in continuing
education and recertification programs for paramedics employed by the City.
C. Evaluation
(1) Responsibility for devising a system of ongoing review and education of
paramedic services rendered by the City Department of Emergency
Medical Services and providing rapid feedback to the paramedics.
Page 2
D. Personnel
(1) Ultimate responsibility for evaluating the competency of all paramedics
employed by the City. The Medical Director shall have the authority to
revoke any paramedics from their authorization to utilize
protocols /standing orders.
(2) All paramedics employed by the City must be cleared by the Medical
Director before being permitted to provide emergency medical services to
the public.
E. Community Liaison
(1) Provide liaison with the medical community; respond to questions from
physicians about the City Department of Emergency Medical Services.
(2) Provide public information as necessary about the medical aspects of
emergency medical services provided by the City Department of
Emergency Medical Services; respond to medical questions from the
media and the public.
(3) Make appearances as reasonably necessary to educate those using the
emergency medical system about its function.
F. Protocols /Standing Orders
Develop and revise standing orders to be used by paramedics in the field,
monitor their use and make adjustments based on experience with these
standing orders.
G. The Medical Director shall devote such of their time as is reasonably needed
to fulfill the responsibilities and duties of the Medical Director of the City
Department of Emergency Medical Services under the terms of this Contract.
It is understood that the Medical Director will continue to engage in private
medical practice while not performing duties under this Contract.
Page 3
III.
Term - The term of this Contract shall be for a period commencing as the date
hereof and ending on the 30th day of September, 2012 or if sooner, with
the first to occur of the following:
A. The death of Dr. Boultinghouse; or
B. Thirty (30) days following written notice by the City or by Dr. Boultinghouse;
provided, however, that prior to any written notice of termination under this
Section 313 by the City because of dissatisfaction with Dr. Boultinghouse's
performance as Medical Director under this Contract, the City shall convene a
meeting pursuant to written notice to the Medical Director setting forth the
basis for such dissatisfaction. At the meeting, which shall be held no sooner
than fifteen (15) days following such written notice, the parties shall attempt to
resolve any disagreements and conflicts.
IV.
Insurance - Throughout the term of this Contract, the City shall provide the
Medical Director with a policy on the minimum limits of three million dollars
($3,000,000.00) per occurrence and six million dollars ($6,000,000.00) annual aggregate
which covers the performance of their administrative duties as Medical Director. The
insurance policy shall provide that the City and the Medical Director shall be given thirty
(30) days written notice prior to any cancellation of this insurance.
1]
Compensation - In consideration for rendering the services of Medical Director
under the terms of this Contract, the City shall pay aggregate compensation at a
twelve month rate of Twelve Thousand Dollars ($12,000.00).
Page 4
VI.
Independent Contractor - This Contract shall not be construed as creating an
employer /employee relationship, a partnership, or a joint venture, since the intent is that
Dr. Boultinghouse shall be an independent contractor with the City. No party hereto shall
hold himself or itself out or act as an agent of any other party with respect to third parties
in any way.
VII.
Governing Law - This Contract shall be governed in accordance with the laws of
the State of Texas and shall be performable in Harris County, Texas.
IN WITNESS WHEREOF, Dr. Boultinghouse and the duly authorized
representative of the City of La Porte have executed this Contract as of the date and year
first above written.
CITY OF LA PORTE
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
Ron Bottoms
City Manager
City Of La Porte
Date
Dr. Oscar Boultinghouse, M.D.
Harris County, Texas
Date
Page 5
ORDINANCE NO.
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND DR. OSCAR BOULTINGHOUSE, M.D., TO SERVE AS
MEDICAL DIRECTOR OF THE DEPARTMENT OF EMERGENCY MEDICAL
SERVICES OF THE CITY OF LA PORTE, 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
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 LaPorte. 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.
Section 3. This Ordinance shall be effective from and after its passage and approval,
and it is so ordered.
PASSED AND APPROVED, this 10th day of October, 2011.
CITY OF LA PORTE, TEXAS
Louis R. Rigby
Mayor
ATTEST:
Patrice Fogarty
City Secretary
APPROVED:
Clark T. Askins
Assistant City Attorney
2
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 10, 2011
Requested B`: Susan Cream
Department: Purchasing
Report: Resolution: Ordinance
Exhibits: Bid Tabulation
Exhibits: Bidder's List
Exhibits:
Appropriation
Source of Funds:
General Fund
Account Number:
001 -5059 -522 -2055
Amount Budgeted:
'75,000
Amount Requested:
575,000
Budgeted Item:
YES
SUMMARY & RECOMMENDATION
Advertised Sealed Bid 412003 for Medical Supplies were opened on September 22, 2011. Bid
requests were mailed to eleven (11) vendors with seven (7) returning bids.
The bid was divided into two (2) sections: Medical Supplies and Pharmaceutical Supplies.
Bound Tree Medical bid the most items and submitted the lowest bid on both sections. Although
estimated quantities for the year amount to $85,050.01, the budget of $75,000 should not be
exceeded.
The total amount reflects approximately a twelve percent (12 %) increase over current pricing,
which was bid three (3) years ago.
The contract will be one (1) year with an option to renew for two (2) additional one -year periods,
upon agreement of both parties.
Staff Recommendation:
Approve award of medical supplies to Bound Tree Medical, low bidder meeting specifications.
In the event that the vendor cannot supply an item when requested, then the next lowest bidder
would become the bidder of choice.
Action Required by Council:
Award Bid 41200' - Medical Supplies to Bound Tree Medical or the next lowest bidder in the event that
the vendor cannot supply* an item when requested, in an amount not to exceed $75,000.
Approved for City Council Agenda
Ron Bottoms, City Manager
Date
BID TABULATION #12003 -ANNUAL MEDICAL SUPPLIES
ITEM
NO
DESCRIPTION
QTY
UOM
BOUND
TREE
MEDICAL,
LLC
MIDWEST
MEDICAL
SUPPLY
SOUTH -
EASTERN
EMERGENCY
EQUIPMENT
HENRY
SCHEIN
INC
PMI SUPPLY,
INC.
EMED
MEDICAL
COMPANY
PHARM-
AID, INC.
SECTION I - MEDICAL SUPPLIES
1
Blood -Y IV Administration set
50
sets
$2.36
$3.07
$4.29
$2.38
$3.8190
NB
NB
2
60 Drop IV Administration set with one 1 needle free & 1 needle site
100
sets
$0.69
$1.25
$1.33
$2.14
NB
NB
NB
3
10 Drop IV Administration set with one 1 needle free & 1 needle site
1000
sets
$0.88
$1.25
$1.21
$2.55
$2.1272
NB
NB
4
Veni- and IV Site Covering
1000
ea
$0.2429
$0.38
$0.38
$0.43
$0.4517
$3.42
NB
5
An iocath IV Catheter, 14 gauge, 1.25" Ion -Jelco - No Substitutions
100
ea
$1.89
$0.77
$0.79
$0.88
$2.3699
NB
NB
6
An iocath IV Catheter, 16 gauge, 1.25" Ion -Jelco - No Substitutions
100
ea
$1.89
$0.77
$0.79
$0.88
NB
$5.21
NB
7
An iocath IV Catheter, 18 gauge, 1.25" Ion -Jelco - No Substitutions
500
ea
$1.89
$0.77
$0.79
$0.88
$2.9424
$4.73
NB
8
An iocath IV Catheter, 20 gauge, 1.25" Ion -Jelco - No Substitutions
400
ea
$1.89
$0.77
$0.79
$0.88
$2.3699
$6.06
NB
9
An iocath IV Catheter, 22 gauge, 1" Ion -Jelco - No Substitutions
50
ea
$1.89
$0.77
$0.82
$0.88
$3.1024
$4.88
NB
11
Multi-Sample Luer Adapter - Excel No Substitutions
1000
ea
$0.1075
$0.1119
$0.1100
$0.11
NB
NB
NB
12
Blood Tube Holder - Excel No Substitutions
500
ea
$0.0880
$0.0808
NB
$0.07
NB
$1.13
NB
13
KED, Model 125 - Ferno No Substitutions
10
ea
$87.50
$97.27
$97.01
$69.57
$88.4978
$192.37
NB
14
Scoop Break-apart Stretcher, adjustable
10
1 ea
1 $230.77
$225.00
$438.99
$363.93
$232.1400
NB
NB
15
Traction Splint, Child - Traction Splints shall be Sager - No Substitutions
3
ea
1 $262.35
NB
$231.04
$306.16
$276.3524
NB
NB
16
Traction Splint, Adult - Traction Splints shall be Sager - No Substitutions
5
ea
$311.76
NB
$231.04
$216.04
$211.0532
NB
NB
17
Mechanical tourniquet
20
ea
$24.29
$31.54
$25.08
$30.61
$27.3590
NB
NB
19
Chest Decompression Sets
20
ea
$17.61
$89.02
$8.18
$12.61
$13.8984
NB
NB
20
Disposable Latex Tourniquets
1000
ea
$0.0691
$0.07
$0.08
$0.06
$0.0961
NB
NB
21
Needle Free Vale Connector
100
ea
$1.82
$1.17
NB
$0.23
NB
NB
NB
22
Alcohol Prep Pad
1200
bxs
$0.84
$1.25
$0.81
$1.35
$1.6859
$4.69
$4.10
23
Buretrol IV Solution set, 60 cc w/2 Injection Sites
20
sets
1 $4.61
$5.22
$6.94
$6.10
$10.3071
NB
NB
24
Adhesive Bandages, 3/4" x 3" Specify acka in and price per package
200
ea
1 $0.0174
$0.0125
$1.3000
$0.01
$0.0143
NB
$0.0948
25
Sterile 44 Sponges, 4- I No other sizes
1000
ea
$0.0326
$0.035
$0.028
$0.03
$0.0614
$6.80
$2.37
26
Non - Sterile Dressing, 44, 8-ply Specify acka in
2000
ea
$0.01305
$0.0117
$0.012
$0.01
$0.0224
NB
$3.73
27
Multi- Trauma Dressing, 10" x 30"
30
ea
$0.74
$0.92
$0.94
$1.01
$1.3335
NB
NB
28
Sterile Kerlix, 4 -1/2" x 4.1 Tds - D narex No Substitutions
200
ea
$0.70
$0.73
NB
$0.58
$1.4143
NB
$4.26
29
Tape, Trans ore, 1" x 10 yds - 3M No Substitutions
120
rolls
$0.44625
$0.84
$0.865
$0.83
$0.8605
$20.83
$1.48
30
Tape, Cloth, 2" x 10 yds - 3M No Substitutions
70
rolls
$1.6983
$1.40
NB
$0.59
NB
$20.83
$5.33
31
Tape, Cloth, 3" x 10 yds - 3M No Substitutions
70
rolls
$2.5475
$2.10
NB
$1.76
NB
$20.83
NB
32
Sterile Burn Sheet, 5'x 8' - Roeham ton No Substitutions
100
ea
$5.29
$6.45
$6.09
NB
$6.5385
NB
NB
33
Wire Ladder Fabric
20
ea
$1.93
$4.60
NB
1 $4.43
$5.0920
$8.17
NB
34
Disposable Cardboard Splint, 18" long
30
ea
$0.3647
$1.13
$0.98
$0.85
$1.8460
$5.53
NB
35
Disposable Cardboard Splint, 24" long
30
ea
$0.5681
$1.55
$1.31
$2.15
$2.0212
$7.11
NB
36
Triangular Bandage
200
ea
$0.23
$0.32
$0.29
$0.17
$0.6124
$1.99
NB
37
Padded Board Splint, 12" long
10
ea
$1.23
$1.85
$2.21
$1.29
$2.4679
$5.21
NB
38
Padded Board Splint, 36" long
10
ea
$2.34
$3.11
$3.51
$5.47
$4.5121
NB
NB
39
Infant /Pediatric Immobilization Board - LPS No Substitutions
10
ea
$199.98
$359.31
$272.31
$185.43
$386.4000
NB
NB
41
Petroleum Gauze, 3" x 9" only
720
ea
$0.63
$0.60
$0.61
$0.58
$0.6707
NB
NB
42
Trauma Shears, black handle
20
ea
$0.83
$0.82
$1.01
$0.82
$1.1065
NB
NB
43
Sureline CO2 sampleing line with Adult Nasel Cannula Tubing for Ph sico LP1
100
ea
$10.78
$13.86
NB
$10.90
$11.1590
NB
NB
44
Disposable CO2 Sample Line for Ph sico LP12
100
ea
$7.19
$12.48
NB
$6.95
$9.7124
NB
NB
45
Dis ocable Blood Presure Cuffs -Male Slip Tip LP12- edi thru adult
30
ea
$3.36
NB
NB
$9.72
$10.3157
NB
NB
46
Leg Fracture Pack, Adult, black vinyl splint w /Velcro closures
30
ea
$37.43
$25.33
$24.71
$37.42
NB
NB
NB
47
Arm Fracture Pack, Adult, black vinyl splint w /Velcro closures
20
ea
$19.74
$17.27
$34.18
$52.77
1 NB
NB
NB
48
Tape, white medical duct
50
rolls
$4.84
$5.38
$4.34
$5.42
$7.1790
NB
NB
49
Headbedll CID
600
ea
$3.99
$4.45
$3.91
$4.81
$5.2540
$9.29
NB
50
Ambu Perfit Mini ACE Extrication Collar -No Sub
100
ea
$4.25
$5.55
$5.04
$4.96
$5.4741
$8.29
NB
51
Ambu Perfit ACE Extrication Collar -No Sub
600
1 ea
1 $4.25
1 $5.55
$5.04
$4.96
$5.3541
$12.29
NB
ITEM
NO
DESCRIPTION
QTY
UOM
BOUND
TREE
MEDICAL,
LLC
MIDWEST
MEDICAL
SUPPLY
SOUTH -
EASTERN
EMERGENCY
EQUIPMENT
HENRY
S
NC
INC
PMI SUPPLY,
INC.
EMED
MEDICAL
COMPANY
PHARM-
AID, INC.
52
Oxygen Mask, non - rebreather, adult
1500
ea
$0.67
$0.64
$0.79
$1.39
$1.0085
NB
NB
53
Oxygen Mask, non- rebreather, pediatric
50
ea
$0.69
$0.71
$1.09
$1.14
$1.0085
NB
NB
54
Prep Razor
200
ea
$0.330
$0.348
$0.347
$0.110
$0.3728
$5.88
NB
55
Nasal Cannula, adult
700
ea
$0.29
$0.26
$0.26
$0.30
$0.4196
$2.99
$0.56
56
Oro har n eal Airway all sizes - Guedel No Substitutions
100
ea
$0.363
$0.32
$0.41
$0.64
$0.4670
$2.99
NB
59
Endotracheal Tube, uncuffed, sizes 2.0 thru 5.0 -Rusch - No Substitutions
15
ea
$1.09
$1.17
$1.13
$1.13
$1.3281
$4.13
NB
60
Endotracheal Tube, cuffed, sizes 6.0 thru 9.0 -Rusch - No Substitutions
75
ea
$1.15
$1.22
$1.21
$1.24
$1.3923
$8.99
NB
61
Endotrol Tube, sizes 7.0 thru 8.0 -Rusch - No Substitutions
20
ea
$8.79
$8.68
NB
$8.25
NB
$12.29
NB
62
Endotracheal Tube St let, adult -Rusch - No Substitutions
75
ea
$1.72
$1.82
$2.59
$2.53
$1.3281
NB
NB
63
Endotracheal Tube St let, pediatric-Rusch - No Substitutions
15
ea
$1.72
$1.82
$2.33
$2.56
$1.3281
NB
NB
65
Adult, child and infant bag/valve/mask - Ambu No Substitutions
80
ea
$8.48
$10.07
$11.89
$9.19
$13.5889
NB
NB
66
Oxygen Cylinder Wrench, small, metal - LSP No Substitutions
10
ea
$1.49
$1.54
NB
$1.37
NB
NB
NB
67
Reusable Oxygen Humidifier
10
ea
$1.88
$2.22
$26.39
$28.19
NB
NB
NB
68
Oxygen Flow Regulator, all brass internal parts, one 1 DISS port & one 1 b
10
ea
$59.76
$29.40
$38.84
$59.10
$41.1100
NB
NB
69
Rubber Gasket (replacement) for Oxygen Regulator
50
ea
$0.97
$0.50
$0.56
$0.46
$0.7559
NB
NB
70
Disposable Vent Circuit for Auto -vent 3000,
80
ea
$5.28
$6.71
$5.39
$5.27
$6.7684
NB
NB
71
Oxygen Supply Tubing, 7' with oxygen connections on each ends
50
ea
$0.21
$0.25
$0.34
$0.36
$0.6084
NB
NB
73
Medication Nebulizer with mouthpiece and tubing
100
ea
$0.72
$0.67
$0.83
$0.71
$3.6542
NB
NB
74
End Tidal CO2 Detector, adult and pediatric - Nelcor No Substitutions
50
ea
$9.60
$9.15
$8.99
$8.58
$9.7500
NB
NB
75
Magill Forceps, adult and pediatric
10
ea
$3.49
$4.88
$3.97
$3.46
$4.1150
NB
NB
76
Plastic Oxygen Stem Christmas tree), green ribbed plastic that allows oxygen
10
ea
$0.41
$0.38
$0.33
$0.88
$0.7214
NB
NB
tubing to connect to certain regulators
I
NB
NB
77
Big Yank Suction Tubbbing
100
ea
$8.93
$8.33
NB
$1.94
NB
NB
NB
78
Suction Tubing, 6' in length w/connecting tips on each end, typically made of v
50
ea
$0.75
$0.69
$0.78
$0.92
$1.2112
NB
NB
79
Yankauer Suction Tip, made of hard plastic
40
ea
$0.64
$0.40
$0.39
$0.54
$1.1100
NB
NB
80
Suction Tubing and Yank uer suction tip combination
50
ea
$1.13
$0.42
NB
$2.06
$1.8181
NB
NB
81
French Suction Catheter whistle tip), all even sizes 6 French thru 18 French
20
ea
$0.34
$0.33
NB
$0.35
NB
NB
NB
Rusch - No Substitutions
NB
NB
82
Combitube Airway Kit 37 FR
20
ea
$50.85
$41.50
$41.08
$39.15
$44.2107
NB
NB
83
Combitube Airway Kit 41 FR
20
ea
$50.85
$41.50
$41.08
$43.23
$44.2407
NB
NB
84
Bite Stick, approximately 4" long plastic
10
ea
$0.31
$0.31
$0.35
$0.32
$0.6269
NB
NB
85
Disposable Suction Canister w /sna -on lid, 800 cc
50
ea
$2.48
$2.07
$2.04
$1.93
$2.8608
NB
NB
86
V -Vac Hand -held Suction Replacement Canister
5
ea
$17.65
$17.02
$16.89
$15.92
$18.7676
NB
NB
87
V -Vac Hand -held Suction System, complete kit
5
kits
$72.50
$69.11
$71.04
$67.34
$75.8786
NB
NB
88
Pediatric Pulse Oximeter finger probe, disposable, compatible with Masimo
30
ea
$16.19
$10.16
NB
$9.87
$17.9800
NB
NB
89
Hand -held pulse oximeters adult finger compatible with Masimo
10
ea
$257.14
$10.16
NB
$332.73
NB
NB
NB
90
BAAM Intubation confirmation whistle
20
ea
$5.95
$10.88
$5.82
$7.92
$8.0600
NB
NB
91
Microflex Ultra One Gloves, small 50 /bx - No Substitutions
100
bxs
$11.31
$12.17
$12.17
$11.25
$13.1917
NB
NB
92
Microflex Ultra One Gloves, medium 50 /bx - No Substitutions
100
bxs
$11.31
$12.17
$12.17
$11.25
$13.1917
NB
NB
93
Microflex Ultra One Gloves, large 50 /bx - No Substitutions
200
bxs
$11.31
$12.17
$12.17
$11.25
$13.4917
NB
NB
94
Microflex Ultra One Gloves, XL 50 /bx - No Substitutions
200
bxs
$11.31
$12.17
$12.17
$11.25
$13.4917
NB
NB
95
Multiple Patient Triage Tags, color -coded for transport urgency categorizing
100
ea
$0.4192
$0.86
$0.846
$0.67
$0.8980
NB
NB
96
OB Kit, all necessary contents to manage all OB emergencies to include child
10
kits
$4.81
$5.06
$4.210
$4.59
$6.7760
NB
NB
97
Emesis bag, disposable
300
ea
$0.4146
$0.42
$0.339
$1.00
$1.6153
NB
NB
98
Adult ECG Electrodes, 25 per pack - Blue Sensor No Substitutions
2000
pks
$8.17
$8.66
$7.98
$7.31
$12.4210
NB
NB
99
Pediatric ECG Electrodes, Midi Foam 4 pack- Blue Sensor No Sub
20
pks
$1.11
$1.25
$1.11
$1.10
NB
NB
NB
100
Electrodes for 12 lead ECG's 50 Pack Midi Foram -Blue Sensor No Substitutioi
1000
ea
$0.225
$0.25
$0.236
$0.28
NB
NB
NB
101
Cariology Stethoscope, black - Littmann No Substitutions
10
ea
$41.19
$147.38
NB
$143.03
$54.0577
NB
NB
102
Ammonia Inhalants, single use
200
ea
$0.1442
$0.197
$0.16
$0.170
$0.2128
NB
$0.48
103
Ph sico Control Edge System Quik Combo defib.ECG/ acin Pads -Pedi
40
sets
$36.10
$13.63
NB
$7.89
$18.1725
NB
NB
104
Ph sico Control Edge System Quik Combo defib.ECG/ acin Pads -Adult
40
sets
NB
$13.63
NB
$9.69
$18.2325
NB
NB
105
Gastric Sum Tubes 12, 14, 16, 18
30
ea
$2.33
$0.75
$2.26
$2.05
$1.9375
NB
NB
106
Naso astric Tubes, sizes 8, 12, 16, and 18 French
30
ea
$0.72
$0.75
$0.86
$2.05
$1.0303
NB
NB
107
Sharps Shuttle, quart size - Sims No Substitutions
40
ea
$1.12
$1.64
$1.63
$1.44
NB
NB
NB
ITEM
NO
DESCRIPTION
QTY
UOM
BOUND
TREE
MEDICAL,
LLC
MIDWEST
MEDICAL
SUPPLY
SOUTH -
EASTERN
EMERGENCY
EQUIPMENT
HENRY
S
INC
NC
PMI SUPPLY,
INC.
EMED
MEDICAL
COMPANY
PHARM-
AID, INC.
108
ECG Paper for Ph sio- Control LP 12
300
ea
$1.662
$1.78
$3.666
$1.47
$2.0540
NB
NB
109
Defibrillation gel, resealable tube
10
ea
$1.29
NB
NB
$1.76
$3.0141
NB
NB
110
Blood Pressure Cuff, adult, black
20
ea
$6.25
$5.51
$17.89
$7.28
$5.9667
NB
NB
111
Replacement Manometer for above blood pressure cuff
20
ea
$7.14
$7.42
NB
$8.84
NB
NB
NB
112
Blood Pressure Cuff kit to contain all sizes from infant to thigh
2
ea
$64.20
$94.63
$81.89
$90.43
$48.4800
NB
NB
113
Digital Oral Thermometer Welch Allyn
5
ea
$235.00
$3.36
$9.98
$3.21
$2.4100
NB
NB
114
Probe Covers for above thermometer, single use, disposable Specify acka i
100
ea
$0.0416
$0.0208
$0.039
$0.02
$0.0221
NB
NB
115
Isopropyl Alcohol, 16 oz bottle
10
ea
$1.70
$1.30
$1.26
$0.86
$2.5576
NB
$2.94
116
Hydrogen Peroxide, 16 oz bottle
10
ea
$0.92
$0.62
$0.46
$0.54
$2.0916
NB
$2.15
118
Instant Cold Pack
200
ea
$0.2483
$0.50
$0.255
$0.26
$0.4713
NB
NB
119
Instant Hot Pack, 6" x 8"
48
ea
$0.3025
$0.64
$0.518
$0.26
$0.3403
NB
NB
120
Silver Swaddler Baby Wrap, one 1 per package
10
ea
$0.66
$4.36
$3.41
$4.56
$5.5949
NB
NB
121
Biohazard /infectious Waste Bag, 16 gallon
750
ea
$0.1104
$0.14
$0.126
$0.20
$0.1256
NB
NB
122
Sharps Container, 5 quart 12" Hight x 11.25' Wide x4.25' Depth)
50
ea
$2.78
$2.68
NB
$3.75
NB
NB
NB
123
Isolation Kit, complete
20
ea
$4.89
$3.78
$6.94
$3.47
$5.5941
NB
NB
124
Isolation Mask, N95, protection against TB
400
ea
$0.600
$0.865
$0.882
$0.360
$0.6028
NB
NB
125
Water-proof Blanket, disposable, yellow, one 1 per package
50
ea
$1.64
$1.27
$2.79
$2.88
$3.0652
NB
NB
126
Morgan Eye Irrigation, one 1 per pack
20
ea
$19.70
$20.66
$19.99
$4.65
NB
NB
NB
127
Ring Cutter
5
ea
$5.14
$11.96
$4.48
$1.23
$5.1800
NB
NB
128
Replacement Blade for Ring Cutter
5
ea
$1.29
$4.62
$1.24
$1.31
$1.4017
NB
NB
129
Sterile water for irrigation, 1000 ml bottle
50
ea
$1.12
$1.57
$1.54
$1.72
$3.1760
NB
$3.26
131
Gloves, latex -free, nitrile, small thru x -large 50 /bx - Safeskin No Substitutions
30
ea
$9.6700
$0.1518
$0.159
$0.14
NB
NB
NB
133
Quick Trach
10
ea
$122.56
$128.75
$138.18
$143.63
$144.4246
NB
NB
134
Retrograde Intubation Kit
10
ea
$104.21
$89.02
NB
$67.80
$109.3576
NB
NB
135
NG Tubes 10, 12, 14, 18
30
ea
$0.71
$0.75
$0.86
$2.05
$1.0081
NB
NB
137
Ouikclot ACS 100 gram pack
50
ea
$24.99
$26.55
$24.89
$24.23
$25.9024
NB
NB
138
JBoogie
30
ea
$5.12
$3.80
$4.84
$4.26
$4.9847
NB
NB
139
lContour Blood Suger Test Strips
70
ea
$17.07
$0.41
$0.487
$0.34
$0.4998
NB
$33.30
TOTAL
$69,157.37
$68,270.91
$60,649.37
$69,260.17
$79,554.93
$48,626.20
$19,204.56
Catalog Discount 18%
10% 10% 15.10% 15% 0 -20%
0%
Line Items #10.. #5& #72. #117. ae #130 r, discontinued ae removed from this tab -Bid" ?hJB) items r, calculate at the average of rather bidder's pricing for that item.. Bound Tree r as the Irv, ?est bidder ov.
ITEM
NO
DESCRIPTION
QTY
UOM
BOUND
TREE
MEDICAL,
LLC
MIDWEST
MEDICAL
SUPPLY
SOUTH -
EASTERN
EMERGENCY
EQUIPMENT
HENRY
SCHEIN
INC
PMI SUPPLY,
INC.
EMED
MEDICAL
COMPANY
PHARM-
AID, INC.
SECTION II - PHARMACEUTICAL SUPPLIES
1
Activated Charcoal w /Sorbital, 50 grams in 250 ml
30
ea
$8.48
$33.99
$24.25
$20.78
$16.7485
NB
NB
2
Adenosine, 6 mg in 2 ml syringe
60
ea
$22.00
$25.02
$29.29
$41.62
$23.4277
NB
NB
3
Atropine, 1 mg in 10 ml
80
ea
$2.40
$4.06
$2.55
$2.38
$3.6920
NB
NB
4
Atropine, multi -dose vial, 8 mg in 20 ml
20
ea
$16.80
$23.17
$19.98
$17.45
$21.4719
NB
NB
5
Xo enex Adult 1.25 m /3ml
100
ea
$5.72
$6.36
$7.05
$4.29
$6.0966
NB
NB
6
Baby Aspirin, 81 mg chewable Specify acka in and price per bottle
200
ea
$0.02194
$0.02194
$0.73000
$0.68000
$0.0424
NB
NB
7
Benadr I, 50 mg prefilled syringe
20
ea
$1.25
$1.79
$1.39
$1.13
NB
NB
8
Cordarone, 150 mg in 3 ml ampule
30
ea
$1.71
$2.02
$2.64
$1.71
NB
NB
9
Dopamine, 800 mg in 500 ml premixed drip
10
bag
$14.05
$17.02
$17.76
$14.90
$17.5209
NB
NB
10
D50W, 25 grams in 50 ml syringe
100
ea
$3.01
$6.44
$3.27
$2.23
$3.2156
NB
NB
11
Epinephrine 1:1000, 1 mg in 1 ml ampule
20
ea
$1.18
$1.76
$1.26
$1.11
$1.3272
NB
NB
12
Epinephrine 1:1000, 30 mg in 30 ml multi dose vial
100
ea
$6.10
$7.13
$6.91
$6.96
$6.9846
NB
NB
13
Gluca on, 1 mg pro-pack
20
ea
$109.00
$158.70
$139.00
$103.40
$119.3241
NB
NB
14
Instant Glucose, 12 gram tube
40
ea
$3.8567
$4.84
$4.20
$2.80
$3.9605
NB
NB
15
Furosemide, 40 mg in 4 ml vial
30
ea
$1.41
$0.56
$0.49
$2.70
$0.6987
NB
NB
16
Lidocaine, 2 %, 100 mg in 10 ml syringe
50
ea
$2.45
$4.06
$2.03
$1.69
$1.9383
NB
NB
17
Lidocaine, 2 grams in 500 ml premixed drip
20
bag
$6.55
$6.67
$6.34
$5.73
$6.6527
NB
NB
18
Magnesium Sulfate, 5 grams in 10 ml syringe
20
ea
$4.38
NB
$4.71
$3.22
$19.6973
NB
NB
19
Nitro Bid /Paste Foil Packs 2% 1 gram
30
ea
$1.361
$1.51
$1.56
$0.07
$24.3757
NB
NB
20
Naloxone, 2 mg in 2 ml ampule
40
ea
$14.40
NB
$18.30
$19.68
NB
NB
NB
21
Nitroglycerine Spray, multi dosespray bottle
10
ea
$205.00
$231.96
$205.00
$320.27
$172.7817
NB
NB
22
Normal Saline, 10 ml vial for flushing
30
ea
$0.380
$0.385
$0.460
$0.36
NB
NB
23
Xo enex Pedi .63m /3ml
50
ea
$5.265
$6.36
$7.15
$4.29
$5.6179
NB
NB
24
Sodium Bicarbonate, 50 mEq in 50 ml syringe
100
ea
$2.95
$6.44
$3.13
$3.09
$3.1402
NB
NB
25
Solu - Medrol, 125 mg flo- ack
100
ea
$5.93
$6.59
$3.79
$6.65
$5.9204
NB
NB
26
Succin Icholine, 200 mg in 10 ml ampule
20
ea
$2.35
$2.32
$2.85
$2.01
$1.8821
NB
NB
27
Thiamine, 100 mg in ml vial
75
ea
$12.05
NB
$13.07
$12.21
$12.9750
NB
NB
28
Vasotec, 2.5 mg in 2 ml vial
30
ea
$22.53
NB
$4.28
$0.13
NB
NB
29
Versed, 10 mg in 2 ml vial
75
ea
$1.098
NB
$1.35
$1.18
NB
NB
NB
30
Tetracaine Ophthalmic drops, 1/2% tube
10
ea
$8.50
$12.64
$9.97
$3.29
$12.9627
NB
NB
31
Zofran 4 m /2ml
100
ea
$0.60
$0.73
$0.59
$0.44
$1.3104
NB
NB
32
Rocuronium Bromide, 100 mg in 10 ml vial
30
ea
$8.54
NB
$10.89
$46.97
$10.9159
NB
NB
33
Morphine SDV 10 mg in 10 ml
100
ea
$1.26
NB
$1.45
$0.67
NB
NB
NB
34
Fentan I Citrate Amps 50 mcg in 5 ml
100
ea
$0.976
NB
$2.00
$0.39
NB
NB
NB
35
Midazolam HCL Inj MDV 10 mg in 10 ml
150
ea
$2.683
NB
$4.30
$2.17
NB
NB
NB
36
He rin 5000 units
20
ea
$2.98
NB
$5.09
$4.69
NB
NB
NB
37
Epinephrine 1:10,000
60
ea
$2.57
$4.06
$2.74
$2.39
NB
NB
NB
38
Racemic E i .5cc in 2.5 ml saline
20
ea
$1.63
$1.61
$1.72
$1.33
NB
NB
NB
39
Geadon 20 mg vial
15
ea
$17.311
$21.25
$22.65
$14.85
NB
NB
NB
40
Adult Tylenol Bottel 500 mg
10
ea
$12.07
$0.0151
$2.6900
$6.3700
NB
NB
NB
41
Tylenol Meltawa s
30
ea
$3.68
Disc
$2.39
$0.21
NB
NB
NB
42
Plavix 75 mg tablets
60
ea
$7.3412
NB
$10.85
$5.69
NB
NB
NB
43
Labetlol 5 mg vial
30
ea
$2.18
$2.17
$2.09
$1.65
$1.9191
NB
NB
44
Loraze am 4 mg vial
30
ea
$1.964
NB
$3.00
$12.74
NB
NB
NB
45
Etomitade 40 mg vial
30
ea
$9.02
$9.94
$9.74
$11.50
NB
NB
NB
46
Lactated Ringers 1000 ml
1000
bag
$1.05
$1.31
$1.67
$1.95
$2.8329
NB
NB
47
Sodium Chloride 1000 ml
50
bag
$0.91
$1.16
$1.32
$0.96
$2.2774
NB
NB
48
Cartizem 50 mg
30
ea
$3.70
NB
$1.85
$4.22
NB
NB
NB
TOTAL
$15,892.64
$15,898.34
$18,757.75
$19,869.80
$15,911.90
$0.00
$0.00
Catalog Discount
1
0%
10%
10% 10.90% 15%
0%
0%
Information reflects pricing only and other factors may be considered during the evaluation process
Bidders List
Sealed Bid #12003 - Annual Medical Supplies
BOUND TREE MEDICAL
5200 Rings Road, Suite A
Dublin, OH 43017
J & B MEDICAL SUPPLY
50496 W. Pontiac Trail
Wixon, MI 48393
EMERGENCY MEDICAL PRODUCT
1711 Paramount Court
Waukesha, WI 53186
HENRY SCHEIN MATRIX MEDICAL
PO Box 3227
Irmo, SC 29063
SOUTHEASTERN EMERGENCY EQUIP
PO Box 1196
Wake Forest, NC 27588
PROGRESSIVE MEDICAL
INTERNATIONAL
2460 Ash Street
Vista, CA 92081
WORLDWIDE MEDICAL
9751 Breeden Dr
Baton Rouge, LA 70811
INTERBORO PACKAGING CORP
114 bracken Rd.
Montgomery, NY 12549
PRIME SOURCE SERVICES, LLC
386 Route 59 Suite 300
Airmont, NY 10952
EMED MEDICAL COMPANY
12163 Bridgeton Square Dr
Bridgeton, MO 63044
PHARMA -AID, INC.
3634 Ocean Ranch Blvd.
Oceanside, CA 92056
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 10, 2011
Requested By: Jeff Suggs
Department: Administration /IT
Report: Resolution: Ordinance
Exhibits: Dell Financial Services Lease Proposal
Exhibits: DIR Contract No. DIR -SDD -890
Exhibits: Master Lease Agreement
Budget
Source of Funds: IT Budget
Account Number: 001- 6066 - 519 -2093
Amount Budgeted:
$145,000.00
$124,870.93
Amount Requested:
Budgeted Item: YES X NO
SUMMARY & RECOMMENDATION
In 2008, the City began utilizing a State of Texas Department of Information Resources (DIR) contract
with Dell Computers to replace computer workstations throughout the city*, including desktops and
laptops (See the Exhibits for a copy* of DIR Contract Number DIR -SDD -890). Purchasing items through
DIR contracts enables the DIR to leverage the purchasing power of all agencies when negotiating
contracts with the vendor community*. Utilizing DIR contracts can provide for reduced information
technology* costs, decreased administrative costs, and common IT procurement processes.
City* Council first approved use of the DIR contract on November 10, 2008 when the City* entered into a
three -Near lease agreement with Dell for the computer replacement program. The lease agreement
provides the City with continued customer support and maintenance work when needed.
Under the agreement, one -third of the computer fleet is replaced each Near and paid out over a three -Near
period (See the Exhibits for a copy* of the Master Lease Agreement). The City would like to continue
utilizing the DIR contract with Dell for replacement of additional workstations throughout the City. The
goal is to provide the City with new and updated computers eveiv three (3) years. The cost may vain
each year depending on the required level of specialty* for each computer (Ex: Engineering, Police
laptops, etc.) For FY 2012, the cost will increase due to the special features associated with the in -car
laptops that are being replaced for the Police Department (Ex: heat resistance, touch screen, impact
resistant casing, etc.). These laptops cost approximately* $1,000 more than regular laptops. Seventeen of
these laptops are being replaced in FY 2012.
COST BREAKDOWN FOR FY 2012:
Lease Year
Total Annual Cost
2010
$45,228.74
2011
$30, 842.53
2012
$48,799.66
TOTAL COST FOR FY 2012
$124,870.93
Action Required by Council:
Authorize the City Manager to approve a lease agreement with Dell Computers to replace laptop and
desktop computers.
Approved for City Council Agenda
Ron Bottoms, City Manager Date
inanCi y Services
DELL FINANCIAL SERVICES LEASE PROPOSAL
City of La Porte
September 21, 2011
Thank you for the opportunity to provide leasing information to you on the proposed acquisition of Dell products. Dell Financial Services
(DFS) is a leasing institution fully integrated into Dell Computers' systems and operations allowing you to benefit from one stop shopping
for all your hardware, software, peripherals, service, support, and financing needs.
If you have any questions or comments, please don't hesitate to call me at 800 - 955 -3355 ext. 7245095.
Thank you for your interest in Dell Financial Services.
Sincerely,
Missy Totten
Dell Financial Services
LEASE PROGRAM: Fair Market Value
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$ 11,286.71
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$ 1,376.19
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$ 38,533.32
Annual
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$ 11,328.80
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$ 843.50
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$ 75,071.50
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$ 22,071.02
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$ 2,293.20
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$ 2,293.20
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$ 714.33
$ 152,590.82 Property Management Fee: $ 3,398.81
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LESSEE: City of La Porte
LESSOR: Dell Financial Services LLC, and /or its successors and assigns.
END OF LEASE OPTIONS:
Fair Market Value
Options available to lessee upon completion of the base lease term are as follows:
1) Exercise the option to purchase the products for its then fair market value.
2) Return all products to lessor at lessee's expense. Or 3) Renew the Lease on a fair market renewal basis.
LEASE QUOTE: The Lease Quote is exclusive of shipping costs, maintenance fees, filing fees, licensing fees, property or use taxes, insurance
premiums and similar items which shall be for Lessee's account. Lessee will pay Payments and all other amounts without set -off, abatement
or reduction for any reason whatsoever. Additionally, Lessee shall declare and pay all sales, use and personal property taxes to the
appropriate taxing authorities. If you are sales tax exempt please fax a copy of your Exemption Certificate with the Lease Contract.
PURCHASE ORDER: The Purchase Order will be made out to Dell Financial Services, One Dell Way, RR3 Box 8405, Round Rock, TX 78682.
The Purchase Order will include the quote number, quantity and description of the equipment. Please be sure to indicate that the PO is for a
lease order and shows the type of lease, the term length, and payment frequency. The date of the lease quote referenced should be included.
Please be sure to include any applicable shipping costs as a line item. Please include your address as the SHIP TO destination.
INSURANCE: The risk of loss on the Equipment is borne solely by the Lessee. Lessee shall be required to purchase and maintain during the
Term (i) comprehensive public liability insurance naming Lessor as additional insured; (ii) "all- risk” physical damage insurance in a minimum
amount of the Purchase Price, naming Lessor as first loss payee; and, (iii) workmen's compensation insurance.
APPROPRIATION COVENANT: The Lease shall contain an appropriation of funds clause. The Lessee will covenant that it shall do all things
legally within its power to obtain and maintain funds from which the payments may be paid and Lessee will not give priority or parity in the
application of funds to any functionally similar equipment.
DOCUMENTATION: Duly executed Agreement and other appropriate documents, including, opinions of counsel, UCC financing statements,
audited financials and such other documentation as is reasonably requested by Lessor.
PROPOSAL VALIDITY /APPROVALS: This is a proposal based upon market conditions and is valid for 30 days, is subject to final credit
approval, review of the economics of the transaction, and execution of mutually acceptable documentation.
DIR Contract No. DIR -SDD -890
STATE OF TEXAS
DEPARTMENT OF INFORMATION RESOURCES
CONTRACT FOR PRODUCTS AND RELATED SERVICES
DELL MARKETING, L.P.
1. Introduction
A. Parties
This Contract for products and related services is entered into between the State of Texas,
acting by and through the Department of Information Resources (hereinafter "DIR ") with
its principal place of business at 300 West 15 Street, Suite 1300, Austin, Texas 78701,
and Dell Marketing, L.P. (hereinafter "Vendor "), with its principal place of business at
One Dell Way, MS RR8 -06, Round Rock, Texas 78682.
B. Compliance with Procurement Laws
This Contract is the result of compliance with applicable procurement laws of the State of
Texas. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State
Business Daily, Request for Offer (RFO) DIR- SDD -TMP -120, on April 1, 2008, for
Dell- Branded Hardware Products and Related Services. Upon execution of this Contract,
a notice of award for RFO DIR- SDD -TMP -120 shall be posted by DIR on the Electronic
State Business Daily.
C. Order of Precedence
This Contract; Appendix A, Standard Terms and Conditions For Products and Related
Services Contracts; Appendix B, Vendor's Historically Underutilized Businesses
Subcontracting Plan; Appendix C, Product and Pricing Index; Appendix D, Customer
Master Services Agreement; Exhibit 1, Vendor's Response to RFO DIR- SDD -TMP -120,
including all addenda; and Exhibit 2, RFO DIR- SDD -TMP -120, including all addenda;
are incorporated by reference and constitute the entire agreement between DIR and
Vendor. In the event of a conflict between the documents listed in this paragraph, the
controlling document shall be this Contract, then Appendix A, then Appendix B, then
Appendix C, then Appendix D, then Exhibit 1 and finally Exhibit 2. In the event and to
the extent any provisions contained in multiple documents address the same or
substantially the same subject matter but do not actually conflict, the more recent
provisions shall be deemed to have superseded earlier provisions.
2. Term of Contract
The term of this Contract shall be one (1) year commencing on the last date of approval
by DIR and Vendor. Prior to expiration of the original term, DIR and Vendor may extend
the Contract, upon mutual agreement, for up to three (3) optional one -year terms.
Page 1 of 15
DIR Contract No. DIR -SDD -890
3. Product and Service Offerings
A. Products
Products available under this Contract are limited to IT technology products, as
defined in the State of Texas Government Code, Chapter 2157 as sold by Vendor,
whether Dell- branded or third party products. Vendor may incorporate changes to
their product offering; however, any changes must be within the scope of products
awarded based on the posting described in Section 1.13 above.
B. Services
Services available under this Contract are limited to services related to IT Technology
Products described in Section 3.A. above. Vendor may incorporate changes to their
service offering; however, any changes must be within the scope of services awarded
based on the posting described in Section 1.13 above.
4. Pricing
A. Manufacturer's Suggested Retail Price (MSRP)
MSRP is defined as Dell's published retail price.
B. Customer Discount
The minimum Customer discount for all products and services will be the percentage
off MSRP as detailed in Appendix C Product and Pricing Index.
Vendor agrees that the DIR standard pricing discounts contained in Appendix C will
remain one percent (1 %) better than the Western States Contracting Alliance
(WSCA) Category A level, standardized discounts. This extension of competitive
volume sales pricing is intended solely to insure that DIR will, at a minimum, remain
competitive with the standard price rates set for WSCA as a whole. DIR may not
apply, without the express consent of Vendor, any pre- existing discount structure to
the WSCA pricing being offered to DIR by Vendor. DIR may either use DIR
discounted pricing or the WSCA pricing but may not combine, or compound the two.
In the event that DIR pricing fails to remain competitive to WSCA standardized,
category level pricing, Vendor shall extend such pricing to DIR. Vendor shall use its
commercially reasonable best efforts to notify DIR of such WSCA price change and
amend this Contract within thirty (30) days after the amendment to the Vendor's
WSCA contract. The introduction of the WSCA pricing to the DIR contract shall be
effective from the date of execution into the Contract by amendment. Both parties
agree that the pricing shall not be retroactive for DIR and shall not extend back to the
date that Vendor reduced WSCA catalog pricing. Further, the parties agree that DIR,
or the State of Texas, does not have the right to audit the WSCA contract held by the
Vendor. References to the Vendor's WSCA contract are only contained in this
Contract for purposes of referencing the pricing discounts contained therein. Both
parties acknowledge that the Vendor's WSCA contract and pricing are readily
available to the public and may be freely accessed by the internet for the purposes of
validation under the terms and conditions of this Contract.
Page 2 of 15
DIR Contract No. DIR -SDD -890
C. Customer Price
1) The price to the Customer shall be calculated as follows:
Customer Price = MSRP — Customer Discount
2) Customers purchasing products and services under this Contract may negotiate
more advantageous pricing or participate in special promotional offers. In such event,
a copy of such better offerings shall be furnished to DIR upon request.
3) During the term of this Contract, and except for promotional offers, if
substantially the same or a smaller quantity of the same product or type of service is
sold by the Vendor under like terms and conditions outside of this Contract at a lower
price, the price under this Contract shall be immediately reduced to the lower price.
D. DIR Administrative Fee
The administrative fee specified in Section 5 below shall not be broken out as a
separate line item when pricing or invoice is provided to Customer.
E. Shipping and Handling Fees
The price to the Customer under this Contract shall include all shipping and handling
fees. Shipments will be Free On Board Customer's destination. No additional fees
shall be charged to the Customer for standard shipping and handling. If the Customer
requests expedited delivery, Customer will be responsible for any charges for
expedited delivery. Title to all products shall pass upon shipment from Vendor's
dock. Risk of loss shall pass to the Customer upon delivery.
F. Tax - Exempt
As per Section 151.309, Texas Tax Code, Customers under this Contract are exempt
from the assessment of State sales, use and excise taxes. Further, Customers under
this Contract are exempt from Federal Excise Taxes, 26 United States Code Sections
4253(1) and 0). For any Customers who are not tax exempt, Vendor reserves the right
to charge applicable taxes.
G. Travel Expense Reimbursement
Pricing for services provided under this Contract are exclusive of any travel expenses
that may be incurred in the performance of those services. Travel expense
reimbursement may include personal vehicle mileage or commercial coach
transportation, hotel accommodations, parking and meals; provided, however, the
amount of reimbursement by Customers shall not exceed the amounts authorized by
the current State Travel Regulations. Travel time may not be included as part of the
amounts payable by Customer for any services rendered under this Contract. The DIR
administrative fee specified in Section 5 below is not applicable to travel expense
reimbursement. Anticipated travel expenses must be pre- approved in writing by
Customer.
Page 3 of 15
DIR Contract No. DIR -SDD -890
H. Changes to Prices
Vendor may change the price of any product or service at any time, based upon
changes to the MSRP, but discount levels shall remain consistent with the discount
levels specified in this Contract. Price decreases shall take effect automatically during
the term of this Contract and shall be passed onto the Customer immediately at the
time of submission of a purchase order, but shall not be retroactive to products for
which a purchase order has been received, or for services currently being rendered
under a prior purchase order.
5. DIR Administrative Fee
A) The administrative fee to be paid by the Vendor to DIR based on the dollar value of
all sales to Customers pursuant to this Contract Contract is one quarter of one percent
(0.25 %). Payment will be calculated for all sales, net of returns and credits. For example,
the administrative fee for sales totaling $100,000 shall be $250.00.
B) All prices quoted to Customers shall include the administrative fee. DIR reserves the
right to change this fee upwards or downwards during the term of this Contract, upon
written notice to Vendor. Any change in the administrative fee shall be incorporated in
the price to the Customer.
6. Notification
All notices under this Contract shall be sent to a party at the respective address indicated
below.
If sent to the State If sent to the Vendor
Sherri Parks, Director
Contracting & Procurement Services
Department of Information Resources
300 W. 15 St., Suite 1300
Austin, Texas 78701
Phone: (512) 475 -4700
Facsimile: (512) 475 -4759
Email: sherri.parks @dir.state.tx.us
Lorri Bailey
Dell Marketing L.P.
One Dell Way, M/S RR8 -35
Austin, TX 78682
Phone: (512) 723 -0016
Facsimile: (877) 248 -3734
Email Lorri_Bailey @Dell.com
7. Software License and Service Agreements
A. Software License Agreement
Compliance with any Software License Agreement sold through this Contract is the
responsibility of the Customer. DIR shall not be responsible for any Customer's
compliance with any Software License Agreement. If DIR purchases software
licenses for its own use under this Contract, it shall be responsible for its compliance
with the Software License Agreement terms and conditions.
B. Shrink/Click -wrap License Agreement
Vendor may sell third -party shrink/click -wrap software products as awarded under
this Contract. All software sold is subject to the license agreement provided with the
Page 4 of 15
DIR Contract No. DIR -SDD -890
software by the publisher. Customers are bound by, and will abide by all such
software licensing agreements.
C. Service Agreement
Services provided under this Contract shall be in accordance with the Service
Agreement as set forth in Appendix D of this Contract. No changes to the Service
Agreement terms and conditions may be made unless previously agreed to by Vendor
and DIR.
8. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product
and Related Services Contracts.
1. Appendix A, Section 5.A.2., Electronic and Information Resources Accessibility
Standards, As Required by 1 TAC Chapter 213 (Applicable to State Agency and
Institution of Higher Education Purchases Only), is hereby restated in its entirety
as follows:
2) Upon request by DIR, Vendor shall provide DIR with the URL to its Voluntary
Product Accessibility Template (VPAT) or a copy of the applicable VPAT for
reviewing compliance with the State of Texas Accessibility requirements (based on
the federal standards established under Section 508 of the Rehabilitation Act), or
indicate that the product/service accessibility information is available from the
General Services Administration `Buy Accessible Wizard"
( http: / /www.buyaccessible.gov Vendors not listed with the `Buy Accessible
Wizard" or supplying a URL to their VPAT must provide DIR with a report that
addresses the same accessibility criteria in substantively the same format. Additional
information regarding the `Buy Accessible Wizard" or obtaining a copy of the VPAT
is located at http: / /www.section508.�4ov /
2. Appendix A, Section 5.11.3., Purchase of Commodity Items (Applicable to State
Agency Purchases Only) is hereby restated in its entirety as follows:
3) Vendor agrees to coordinate all State agency commodity item sales by Vendor are
through existing DIR contracts. Vendor shall use commercially reasonable efforts so
that Order Fulfillers shall sell or license commodity items under this Contract.
Vendor will include this term as a standard term in its Order Fulfiller contracts.
Institutions of higher education are exempt from this Subsection 5.13.
3. Appendix A, Section 6.A., Service, Sales and Support of the Contract is hereby
restated in its entirety as follows:
A. Service, Sales and Support of the Contract
Vendor shall provide service, sales and support resources to serve all Customers
throughout the State. It is the responsibility of the Vendor to sell, market, and
promote products and services available under the Contract. Vendor shall use its best
efforts to ensure that potential Texas Customers are made aware of the existence of
the Contract. All sales to Customers for products and services available under the
Page 5 of 15
DIR Contract No. DIR -SDD -890
Contract shall be processed through the Contract when Customer specifies this
Contract number on the Purchase Order.
4. Appendix A, Section 6.D., Customer Site Preparation is hereby restated in its
entirety as follows:
D. Customer Site Preparation
Customers shall prepare and maintain its site in accordance with written instructions
furnished by Vendor or Order Fulfiller prior to the scheduled delivery date of any
product or service and shall bear the costs associated with the site preparation.
5. Appendix A, Section 6.E.I., Vendor Website is hereby restated in its entirety as
follows:
1) Vendor Website
Vendor will maintain a website specific to the products and services being offered
under the Contract which is clearly distinguishable from other, non -DIR contract
offerings at the Vendor's website. The website must include at a minimum:
A. The Contract number and a statement that the customer must reference the
Contract Number on their purchase order
B. A statement designating who can procure through the Contract
C. All products and services offered under the contract
D. All product and services specifications for products offered under the contract
E. Current Contract pricing
F. Contact information for Vendor business segments (i.e. State and Local, Higher
Education, K -12, Health, etc.)
G. Named Order Fulfillers and contact information for each designated Order
Fulfiller
H. Instructions for obtaining quotes and placing Purchase Orders through Dell direct
or through a designated Order Fulfiller
L Warranty policy terms and conditions
I Return policy terms and conditions.
The Vendor's website shall list the DIR Contract number, reference the DIR Go
DIRect program, display the DIR logo in accordance with the requirements in
paragraph F of this Section, and contain a link to the DIR website for the Contract.
6. Appendix A, Section 6.E.3., Website Compliance Checks is hereby restated in its
entirety as follows:
3) Website Compliance Checks
Periodic compliance checks of the information posted for the Contract on Vendor's
website will be conducted by DIR. Upon request by DIR, Vendor shall use
commercially reasonable efforts to provide verifiable documentation that pricing
listed upon this website is uniform with the pricing as stated in Section 4 of the
Page 6 of 15
DIR Contract No. DIR -SDD -890
Contract within thirty (30) days of the request.
7. Appendix A, Section 6.E.5., Use of Access Data Prohibited is hereby restated in its
entirety as follows:
5) Use of Access Data Prohibited
If Vendor stores, collects or maintains data electronically as a condition of accessing
Contract information, such data shall only be used internally by Vendor for the
purpose of implementing or marketing the Contract, and shall not be disseminated to
third parties, other than Order Fulfillers or Subcontractors, as necessary, or used for
other marketing purposes. The Contract constitutes a public document under the laws
of the State and Vendor shall not restrict access to Contract terms and conditions
including pricing, so long as DIR publically posts the document. However, Vendor
may agree with an individual Customer to implement security measures such as
password protected online ordering. Upon request, Vendor shall provide DIR with a
list of any Premier Pages existing under this Contract. By purchasing under this
Contract, a Customer acknowledges that DIR may request from Customer "read only
access" to Customer's online ordering page with Vendor that is under this Contract
(also known as a Dell Premier Page).
8. Appendix A, Section 6.H., Trade Show Participation is hereby restated in its
entirety as follows:
H. Trade Show Participation
At DIR's discretion, Vendor may be required to participate in no more than two (2)
DIR sponsored trade shows each calendar year. Vendor understands and agrees that
participation, at the Vendor's expense, includes providing a manned booth display or
similar presence. DIR will provide four months advance notice of any required
participation. Vendor must display the DIR logo at all trade shows in the State of
Texas that potential Customers will attend. DIR reserves the right to approve or
disapprove of the location or the use of the DIR logo in or on the Vendor's or Order
Fulfiller's booth.
9. Appendix A, Section 6.K., DIR Cost Avoidance is hereby restated in its entirety as
follows:
K. DIR Cost Avoidance
As part of the performance measures reported to state leadership, DIR must provide
the cost avoidance the State has achieved through the Contract. Vendor shall make
available to DIR a detailed report of the following information regarding a
representative sample of products sold under the Contract: product part number and
price to Customer under the Contract. Such information may be made available
through Vendor's website.
Page 7 of 15
DIR Contract No. DIR -SDD -890
10. Appendix A, Section 7.A., Purchase Orders is hereby restated in its entirety as
follows:
A. Purchases Orders
All Customer Purchase Orders will be placed directly with the Vendor and /or the
Order Fulfiller. Accurate Purchase Orders shall be effective and binding upon Vendor
when accepted by Vendor. Customer shall have the ability to order products through
electronic or paper submissions of purchase orders.
I1. Appendix A, Section 7.B., Invoices is hereby restated in its entirety as follows:
B. Invoices
1) Invoices shall be submitted by Vendor or the Order Fulfiller directly to the
Customer and shall be issued in compliance with Chapter 2251, Texas
Government Code. All payments for products and /or services purchased under the
Contract and any provision of acceptance of such products and /or services shall
be made by the Customer to Vendor or the Order Fulfiller.
2) Invoices must be timely and accurate. Each invoice must match Customer's
Purchase Order and include any written changes that may apply, as it relates to
products, prices and quantities. Invoices must include the Customer's Purchase
Order number or other pertinent information for verification of receipt of the
product or services by the Customer.
12. Appendix A, Section 7.D., Acceptance is hereby added in its entirety as follows:
D. Acceptance
A Customer shall determine whether all Products and Services delivered meet the
Vendor's published specifications. No payment shall be made for any Products or
Services until the Customer has accepted the Products or Services. Unless otherwise
agreed upon between the Customer and the Vendor, the Customer shall within fifteen
(15) calendar days from the date of the receipt of the Vendor's invoice, issue a written
notice of partial acceptance or rejection of the Products or Services; otherwise, the
Product or Services shall be deemed accepted.
13. Appendix A, Section 8.A.2., Vendor Contract Administrator is hereby restated in
its entirety as follows:
2) Vendor Contract Administrator
Vendor shall provide a dedicated Contract Administrator whose duties shall include
but not be limited to: i) supporting the marketing and management of the Contract, ii)
facilitating dispute resolution between Vendor or a Order Fulfiller and a Customer,
and iii) advising DIR of Vendor's or Order Fulfiller's performance under the terms
and conditions of the Contract. DIR reserves the right to require a change in Vendor's
then - current Contract Administrator if the assigned Contract Administrator is not, in
Page 8 of 15
DIR Contract No. DIR -SDD -890
the opinion of DIR, adequately serving the needs of the State. In such instance,
Vendor requests twenty (20) calendar days notice.
14. Appendix A, Section 8.B.I., Reporting Responsibility is hereby restated in its
entirety as follows:
1) Reporting Responsibility
a) Vendor shall be responsible for reporting all products and services purchased
from Vendor or through Order Fulfillers under the Contract. Vendor shall file the
monthly reports which contain sales by Order Fulfillers, and pay the
administrative fees in accordance with the due dates specified in this section.
b) DIR shall have the right to verify required reports and to take any actions
necessary to enforce its rights under this section, including but not limited to,
compliance checks of Vendor's purchase orders and invoices at DIR's expense.
Upon receipt of ten (10) days notice, Vendor shall grant DIR, during normal
business hours, necessary access to Customer purchase orders and invoices
generated under and pertaining to this Contract.
15. Appendix A, Section 8.B.2., Detailed Monthly Report is hereby restated in its
entirety as follows:
2) Detailed Monthly Report
Vendor shall electronically provide DIR with a detailed monthly report in the format
required by DIR showing the dollar volume of any and all sales under the Contract
for the previous month period. Reports shall be submitted to the DIR Go DIRect
Coordinator. Reports are due on the fifteenth (15th) calendar day after the close of
the previous month period, unless such day falls on a weekend or holiday, and then
the report shall be sent to DIR on the first business day thereafter. It is the
responsibility of the Vendor to collect and compile all sales under the Contract from
participating Order Fulfillers and submit one (1) monthly report. The monthly report
shall include, per transaction: the detailed sales for the period, the Order Fulfiller's
company name, Customer name, invoice date, invoice number, description, part
number, manufacturer, quantity, unit price, extended price, Customer Purchase Order
number, contact name, Customer's complete billing address, and other information as
required by DIR. Each report must contain all information listed above per
transaction or the report will be rejected and returned to the Vendor for correction in
accordance with this section.
16. Appendix A, Section 8.B.3.a., Historically Underutilized Businesses Subcontract
Report is hereby restated in its entirety as follows:
a) Vendor shall electronically provide DIR with a listing of their relevant purchases
from Vendor or through Order Fulfillers under this Contract, so DIR and Customer
can compile the appropriate Historically Underutilized Business Subcontracting
Report, pursuant to the Contract, as required by Chapter 2161, Texas Government
Code. Such listing of purchases shall be on the monthly report
Page 9 of 15
DIR Contract No. DIR -SDD -890
17. Appendix A, Section 8.B.4.a., DIR Administrative Fee is hereby restated in its
entirety as follows:
a) An administrative fee shall be paid by Vendor to DIR to defray the DIR costs of
negotiating, executing, and administering the Contract. The administrative fee is
specified in Section 5 of the Contract. Payment of the administrative fee shall be due
thirty (30) calendar days after the close of the previous month period.
18. Appendix A, Section 8.C.2., Records and Audit is hereby restated in its entirety as
follows:
2) Vendor shall maintain adequate records to establish compliance with the Contract
until the later of a period of four (4) years after termination of the Contract or until
full, final and unappealable resolution of all Compliance Check or litigation issues
that arise under the Contract. Such records shall include the monthly DIR reports that
contain: Customer name, invoice date, invoice number, description, quantity, unit
price, extended price, Customer Purchase Order number, contact name, Customer's
complete billing address, the calculations supporting each administrative fee owed
DIR under the Contract, Historically Underutilized Businesses Subcontracting
reports, and such other reasonable documentation as DIR may request.
19. Appendix A, Section 8.C.3., Records and Audit is hereby restated in its entirety as
follows:
3) Vendor shall grant access to items retained by Vendor in accordance with
generally accepted accounting principles relating to the requirements of this Contract
and relevant to the performance of the Contract to DIR, including the compliance
checks designated by DIR, the State Auditor's Office and of the United States, and
such other persons or entities designated by DIR for the purposes of inspecting,
Compliance Checking and /or copying such books and records. Vendor shall provide
electronic copies requested by DIR without charge. DIR shall provide Vendor ten
(10) business days' notice prior to inspecting, Compliance Checking, and /or
electronic records, shall be made available during regular office hours. Vendor
personnel familiar with the Vendor's books and records shall be available to DIR
staff and designees as needed.
Page 10 of 15
DIR Contract No. DIR -SDD -890
20. Appendix A, Section 9.A., Indemnification is hereby restated in its entirety as
follows:
A. Indemnification
1) Acts or Omissions
Vendor shall indemnify and hold harmless the State of Texas and Customers,
AND /OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES,
FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS, DEMANDS,
OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND
EXPENSES arising out of, and that result in personal injury or damage to
physical property resulting from any acts or omissions of the Vendor or its agents,
employees, subcontractors, Order Fulfillers, in the execution or performance of
the Contract and any Purchase Orders issued under the Contract. THE DEFENSE
SHALL BE COORDINATED BY THE OFFICE OF THE ATTORNEY
GENERAL FOR TEXAS STATE AGENCIES AND BY CUSTOMER'S
LEGAL COUNSEL FOR NON -STATE AGENCY CUSTOMERS.
2) Infringements
a) Vendor shall indemnify and hold harmless the State of Texas and Customers,
AND /OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, from any
and all third -party claims involving infringement of United States patents,
copyrights, trade and service marks, and any other intellectual or intangible
property rights for Vendor branded products or Vendor provided services in
connection with the PERFORMANCES OR ACTIONS OF VENDOR
PURSUANT TO THIS CONTRACT. VENDOR and the CUSTOMER agree to
furnish timely written notice to each other of any such claim. VENDOR AGREES
TO DEFEND AGAINST ANY AND ALL THIRD PARTY CLAIMS WITH
REGARDS TO VENDOR — BRANDED PRODUCT OR SERVICES, AT
VENDOR'S EXPENSE, WHETHER OR NOT SUCH CLAIMS BECOME THE
SUBJECT OF LITIGATION SHALL BE LIABLE TO PAY ALL COSTS OF
DEFENSE INCLUDING REASONABLE ATTORNEYS' FEES PROVIDED
THAT CUSTOMER (i) NOTIFIES VENDOR PROMPTLY OF SUCH CLAIM
(ii) GRANTS VENDOR CONTROL OVER THE DEFENSE AND
SETTLEMENT THEREOF AND (iii) REASONABLY COOPERATES IN
RESPONSE TO VENDOR'S REQUEST FOR ASSISTANCE. The defense shall
be coordinated by the Office of the Attorney General FOR TEXAS STATE
AGENCY CUSTOMERS AND BY CUSTOMER'S LEGAL COUNSEL FOR
NON -STATE AGENCY CUSTOMERS.
b) If Vendor becomes aware of an actual or potential claim, or Customer provides
Vendor with timely notice of an actual or potential claim, Vendor may (or in the
case of an injunction against Customer, shall), at Vendor's sole option and
expense: (i) procure for the Customer the right to continue to use the affected
portion of the product or service, or (ii) modify or replace the affected portion of
the product or service with functionally equivalent or superior product or service
so that Customer's use is non - infringing or (iii) accept return of the Product
freight collect and provide a reasonably depreciated refund for the Product.
Page 11 of 15
DIR Contract No. DIR -SDD -890
3) Independent Contractor
VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE
EXISTENCE OF THIS CONTRACT, IT IS FURNISHING SERVICES IN THE
CAPACITY OF AN INDEPENDENT CONTRACTOR AND THAT VENDOR
IS NOT AN EMPLOYEE OF THE CUSTOMER, DIR OR THE STATE OF
TEXAS.
21. Appendix A, Section 9.11., Taxes/Worker's Compensation/UNEMPLOYMENT
INSURANCE is hereby restated in its entirety as follows:
B. Taxes/Worker's Compensation/UNEMPLOYMENT INSURANCE
1) VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE
EXISTENCE OF THIS CONTRACT, VENDOR SHALL BE ENTIRELY
RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF VENDOR'S AND
VENDOR'S EMPLOYEES' TAXES OF WHATEVER KIND, ARISING OUT OF
THE PERFORMANCES IN THIS CONTRACT. VENDOR AGREES TO
COMPLY WITH ALL APPLICABLE STATE AND FEDERAL LAWS
APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING
WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. VENDOR
AGREES AND ACKNOWLEDGES THAT VENDOR ITS EMPLOYEES,
REPRESENTATIVES, AGENTS OR SUBCONTRACOTRS SHALL NOT BE
ENTITLED TO ANY STATE BENEFIT OR BENEFIT OF ANOTHER
GOVERNMENTAL ENTITY CUSTOMER AS A RESULT OF THIS CONTRACT
'AND/OR THE STATE SHALL NOT BE LIABLE TO THE VENDOR ITS
EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR
THE PROVISION OF UNEMPLOYMENT INSURANCE AND /OR WORKERS'
COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE
OR EMPLOYEE OF ANOTHER GOVERNMENTAL ENTITY CUSTOMER.
2) VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS CUSTOMERS,
THE STATE OF TEXAS AND /OR THEIR EMPLOYEES, AGENTS AND /OR
REPRESENTATIVES FROM ANY AND ALL ACTIONS, CLAIMS, DEMANDS,
OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES,
RELATING TO VENDOR'S TAX LIABILITY, VENDOR'S UNEMPLOYMENT
INSURANCE AND /OR WORKERS' COMPENSATION OR EXPECTATIONS OF
BENEFITS BY VENDOR, ITS EMPLOYEES, VENDOR'S AGENTS OR
VENDOR'S SUBCONTRACTORS IN ITS PERFORMANCE UNDER THIS
CONTRACT. VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE
FOR CLAIMS RELATED TO THIS CLAUSE INCLUDING ATTORNEYS' FEES.
THE DEFENSE SHALL BE COORDINATED BY THE OFFICE OF THE
ATTORNEY GENERAL FOR TEXAS STATE AGENCY CUSTOMERS AND BY
CUSTOMER'S LEGAL COUNSEL FOR NON -STATE AGENCY CUSTOMERS,
IF REQUESTED BY THE STATE OF TEXAS OR CUSTOMER THAT IS A NON -
STATE AGENCY.
Page 12 of 15
DIR Contract No. DIR -SDD -890
22. Appendix A, Section 9.C., Vendor Certifications is hereby restated in its entirety as
follows:
C. Vendor Certifications
Vendor certifies that it: (i) has not given, offered to give, and do not intend to give at
any time hereafter any economic opportunity, future employment, gift, loan, gratuity,
special discount, trip, favor, or service to a public servant in connection with the
Contract, (ii) is not currently delinquent in the payment of any franchise tax owed the
State of Texas and is not ineligible to receive payment under §231.006 of the Texas
Family Code and acknowledge the Contract may be terminated and payment withheld
if this certification is inaccurate, (iii) neither they, nor to the best of Vendor's
knowledge, anyone acting for them, has violated the antitrust laws of the United
States or the State of Texas, nor communicated directly or indirectly to any
competitor or any other person engaged in such line of business for the purpose of
obtaining an unfair price advantage, (iv) has not received payment from DIR or any
of its employees for participating in the preparation of the Contract, (v) under Section
2155.004, Texas Government Code, the vendor certifies that the individual or
business entity named in this bid or contract is not ineligible to receive the specified
contract and acknowledges that this contract may be terminated and payment
withheld if this certification is inaccurate, (vi) to the best of its knowledge and belief,
there are no suits or proceedings pending or threatened against or affecting it, which
if determined adversely to it will have a material adverse effect on the ability to fulfill
its obligations under the Contract, (vii) is not suspended or debarred from doing
business with the federal government as listed in the Excluded Parties List System
(EPLS) maintained by the General Services Administration, and (viii) as of the
effective date of the Contract, is not listed in the prohibited vendors list authorized by
Executive Order 413224, "Blocking Property and Prohibiting Transactions with
Persons Who Commit, Threaten to Commit, or Support Terrorism ", published by the
United States Department of the Treasury, Office of Foreign Assets Control. In
addition, Vendor acknowledges the applicability of §2155.444 and §2155.4441,
Texas Government Code, in fulfilling the terms of the Contract.
23. Appendix A, Section 9.I, Security of Premises, Equipment, Data and Personnel is
hereby restated in its entirety as follows:
I. Security of Premises, Equipment, Data and Personnel
Vendor may, from time to time during the performance of the Contract, have access
to the personnel, premises, equipment, and other property, including data, files and
/or materials (collectively referred to as "Data ") belonging to the Customer. Vendor
shall use their best efforts to preserve the safety, security, and the integrity of the
personnel, premises, equipment, Data and other property of the Customer, in
accordance with the instruction of the Customer. Vendor shall be responsible for
damage to Customer's equipment, workplace, and its contents when such damage is
caused by its employees or subcontractors. Customer shall be solely responsible for
backing up data on a routine basis as mutually agreed to by Vendor and Customer.
Page 13 of 15
DIR Contract No. DIR -SDD -890
24. Appendix A, Section 9.K, Limitation of Liability is hereby restated in its entirety as
follows:
K. Limitation of Liability
EXCEPT AS SPECIFICALLY SET FORTH IN SECTIONS 9.A.1 AND 9.A.2, AND
FOR PAYMENT OBLIGATIONS UNDER THIS CONTRACT, VENDOR AND
DIR EACH EXPRESSLY AGREE AND UNDERSTAND THAT THE OTHER
PARTY WILL NOT HAVE ANY LIABILITY FOR PRODUCTS NOT BEING
AVAILABLE FOR USE, OR FOR LOST OR CORRUPTED DATA OR
SOFTWARE. NEITHER PARTY SHALL BE LIABLE FOR ANY CLAIM OR
CAUSE OF ACTION ARISING UNDER OR RELATED TO THE CONTRACT: I)
NONE OF THE PARTIES SHALL BE LIABLE TO THE OTHER FOR
INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL
DAMAGES, EVEN IF IT IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES; AND 11) VENDOR'S LIABILITY FOR DAMAGES OF ANY KIND
TO THE CUSTOMER SHALL BE LIMITED TO THE LESSER OF ONE
MILLION DOLLARS ($1,000,000) OR THE U.S. DOLLAR EQUIVALENT OF
THE TOTAL DOLLAR VALUE OF PRODUCTS AND SERVICES PURCHASED
FROM VENDOR BY SUCH CUSTOMER UNDER THE CONTRACT DURING
THE TWELVE MONTHS IMMEDIATELY PRECEDING THE ACCRUAL OF
THE CLAIM OR CAUSE OF ACTION. IN THE EVENT THE LAW OF ANY
JURISDICTION WHICH APPLIES TO THIS CONTRACT PROHIBITS IN ANY
PART ANY LIMITATION IN THIS PARAGRAPH, THE PARTIES AGREE THAT
SUCH LIMITATION SHALL BE MODIFIED, WITHOUT FURTHER ACTION OF
EITHER PARTY, SO AS TO BROADLY APPLY TO THE MAXIMUM EFFECT
ALLOWED BY GOVERNING LAWS.
25. Appendix A, Section 9.L, Overcharges is hereby restated in its entirety as follows:
L. Overcharges
Vendor hereby assigns to DIR any and all of its claims for overcharges associated
with this contract which arise under the antitrust laws of the United States, 15
U.S.C.A. Section 1, et seq., and which arise under the antitrust laws of the State of
Texas, Tex. Bus. and Comm. Code Section 15.01, et seq. to the extent that the
overcharge suffered by the Vendor was, in fact, passed on the DIR or its Customers in
the products or other goods and /or services purchased by DIR or is Customers under
this Contract during the time period referenced in the litigation.
Page 14 of 15
DIR Contract No. DIR -SDD -890
This Contract is executed to be effective as of the date of last signature.
Dell Marketing, L.P.
The State of Texas, acting by and through the
Department of Information Resources
Authorized By: Signature on File
Name: John Mullen
Title: VP & GM Major Public Accounts
Education and State & Local
Government
Date: January 14, 2009
Authorized By: Signature on File
Name: Cindy Reed
Title: Deputy Executive Director
Operations & Statewide Technology Sourcing
Date: 1/14/09
Legal: Signature on File
Page 15 of 15
DOLL (Financial Services
EFFECTIVE DATE: January 05, 2009
MASTER LEASE AGREEMENT NO.
LESSOR: DELL FINANCIAL SERVICES L.L.C.
Pavnmt Address:
Payment Processing Center
4319 Collection Center Dr.
Chicago, IL 60693
LESSEE:City of La Porte, Texas
. d'n doai Address
604 W Fairmont Pkwy
La Porte , TX 77572
Fax:'
Attention:'
This Master Lease Agreement (this "Agreement), effective as of the Effedrve
Date set forth above, Is between the lessor and Lessee named above.
Capitairzed lerms have the meaning set forth in this Agreement.
1. LEASE.
Lessor hereby leases to Lessee and Lessee hereby teases the equipment
("Produ dsl, Software (defined below), and services or fees, where applicable,
as described in any lease schedule ("Schedule7. Each Schedule shall
Incorporate by reference the terns and conditions of this Agreement and
contain such other terms as are agreed to by Lessee and Lessor. Each
Schedule shall constitute a separate lease of Products rLeasel. in the event
of any oonflict between the terms of a Schedule and the terms of this
Agreement, the terms of the Schedule shall prevail. Lessor reserves all rights
to the Products not spedficalty granted to Lessee in this Agreement or in a
Schedule. Execution of this Agreement does not create an obligation of either
party to lease to or from the other.
2 ACCEPTANCE DATE, SCHEDULE.
(a) Subject to any right of return provided by the Product seller ('Seller)
named on the Schedule, Products are deemed to have been irrevocably
accepted by Lessee upon delivery to Lessee's ship to location (`Acceptance
bats`). Lessee shall be solely responsible for unpacking, inspecting and
Installing the Products.
(b) Lessor shall deliver to Lessee a Schedule for Products. Lessee agrees
to sign or otherwise authenticate (as defined under the Uniform Commercial
Code, 'UCC7 and return each Schedule by the later of the Acceptance Date
or five (5) days after Lessee receives a Schedule from Lessor. If the
Schedule is not signed or otherwise authenticated by Lessee within the time
provided in the prior sentence, then upon written notice from Lessor and
Lessee's failure to cure within five (5) days of such notice, Lessor may
require the Lessee to purchase the Products by paying the Product Cost
charged by the Seiler, plus any shipping charges, Taxes or Duties (defined
below) and interest at the Overdue Rate accrutng from the date the
Products are shipped through the date of payment. If Lessee rstums any
leased Products in accordance with the Setter's return policy, it will notify
Lessor. Wren Lessor receives a credit from the Seller for the returned
Product, the Schedule will be deemed amended to reflect the return of the
Product and Lessor will adjust its billing records and Lessee's invoice for the
applicable Lease. In addiion, Lessee and Lessor agree that a signed
Srvrhta may be amended by written notice from Lessor to Lessee provided
such notice Is (€) to corned the serial (or service tag) number of Products or n
to adjust the related Rent (defined below) on the Schedule (any increase up to
15% or any decrease) caused by any change made by Lessee in Lessee's
orderwith the Seller.
3. TERM.
The Initial term (the 'Primary Tern's for each Lease shall begin on the date
set forth on the Schedule as the Commencement Date (the
"Commencement Datel. The period beginning on the Acceptance Date
and ending on the last day of the Primary Terris, together with any renewals
or extensions thereof, is defined as the "Lease Tenn. The Lease is non -
cancelable by Lessee, except as expressly provided in Section S.
4. RENT; TAXES; PAYMENT OBLIGATION.
(a) The rental payment amount CRem, and the payment period for each
installment of Rent ('Payment Pedodl shall be stated in the Schedule. A
prorated portion of Rent calculated based on a 30 -day month, 9"ay quarter
or 360 -day year (as appropriate) for the period from the Acceptance Date to
the Conirmnoement Date shag be added to the first payment of Rent. All
Rent and other amounts due and payable under this Agreement or any
Schedule shall be paid to Lessor in lawful funds of the United States of
America at the payment address for Lessor set forth above or at such other
address as Lessor may designate in YA%V from time to fare. Whenever Rent
and other amounts payable under a Lease are not paid when due, Lessee
shall pay interest on such amounts at a rate equal to the lessor of 1% per
month or the highest such rate permitted by applicable law ('Overdue Rate).
Rent shall be due and payable whether or not Lessee has received an invoice
showing such Rent is due. Late charges and reasonable attorrhey's fees
necessary to recover Rent and other amounts owed hereunder are considered
an €ntegral part of this Agreement
(b) EACH LEASE SHALL BE A NET LEASE, in addition to Rent, Lessee
shall pay sales, use, excise, purchase, property, added value or other taxes,
fees, levies or assessments lawfully assessed or levied against Lessor or
with respect to the Products and the Lease ( "collectively "Taxed, and
customs, dupes or surcharges on imports or exports (collectively, ` Duties),
plus all expenses Incurred In connection with Lessor's purchase and
Lessee's use of the Products, Inducting but not limited to shipment, delivery,
installation, and Insurance. Unless Lessee provides Lessor with a tax
exemption certificate acceptable to the relevant taxing authority prior to
Lessor's payment of such Taxes, Lessee shall pay to Lessor all Taxes and
Duties upon demand by Lessor. Lessor may, at its option, invoice Lessee for
estirnated personal property tax with the Rent Payment Lessee shall pay all
utility and other charges Incurred In the use and maintenance of the
Products.
(c) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 5, LESSEES
OBLIGATION TO PAY ALL RENT AND OTHER AMOUNTS WHEN DUE
AND TO OTHERWISE PERFORM AS REQUIRED UNDER THIS
AGREEMENT AND EACH SCHEDULE SHALL BE ABSOLUTE AND
UNCONDITIONAL, AND SHALL NOT BE SUBJECT TO ANY ABATEMENT,
REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM, INTERRUPTION,
DEFERMENT OR RECOUPMENT FOR ANY REASON WHATSOEVER
WHETHER ARISING OUT OF ANY CLAIMS BY LESSEE; AGAINST
LESSOR, LESSOR'S ASSIGNS, THE SELLER, OR THE SUPPLIER OR
MANUFACTURER OF THE PRODUCTS, TOTAL OR PARTIAL. LOSS OF
THE PRODUCTS OR THEIR USE OR POSSESSION, OR OTHERWISE. If
any Product is unsatisfactory for any reason, Lessee shall make Its claim
solely against the Seller of such Product (or the Licensor in the case of
Software, as defined below) and shall nevertheless pay Lessor or its assignee
an amounts due and payable under the Lease.
S. APPROPRIATION OF FUNDS.
(a) Lessee Intends to continue each Schedule for the Primary Term and
to pay the Rent and other amounts due thereunder. Lessee reasonably
believes that legally available funds in an amount sufficient to pay all Rent
during the Primary Term can be obtained and agrees to do all things lawfully
within Its power to obtain and maintain funds from which the Rent and other
amounts due may be paid.
(b) Lessee may terminate a Schedule in whole, but not in part by giving
at least sixty (60) days notice prior to the end of the then current Fiscal
Period (as defined in the Lessee's SecrelarylCleries Certificate provided to
Lessor) certifying that: (1) sufficient funds were not appropriated and
budgeted by Lessee's governing body or will not otherwise be available to
continue the Lease beyond the current Fiscal Period; and (2) that the
Lessee has exhausted all furhds legally available for payment of the Rent
beyond the current Fiscal Period. Upon termination of the Schedule,
Lessee's obligations under the Schedule (except those that expressly
DFS Public MLMOU2008dohx Page 1 of 4
survive the end of the Lease Term) and any Interest in the Products shall
cease and l essee shall surrender the Products in accordance with Section
8. Notwithstanding the foregoing, Lessee agrees that, without creating a
pledge, Pen or encumbrance upon funds available to Lessee in other than
Its current Fiscal Period, it Wit use Its best efforts to take all action
necessary to avoid termination of a Schedule, including making budget
requests for each Fiscal Period during each applicable Lease Tern for
adequate funds to meet its Lease obligations and to continue the Schedule
in force.
(c) Lessor and Lessee Intend that the obligation of Lessee to pay Rent
and other amounts due under a Lease constitutes a current expense of
Lessee and is not to be construed to be a debt in contravention of any
applicable constitutional or statutory limitation on the creation of
indebtedness or as a pledge of funds beyond Lessee's current Fiscal
Period.
6, LICENSED MATERIALS.
Software means any operating system software or computer programs
inducted with the Products (collectively, "Software'). 'licensed Maleriats` are
arty manuals and documents, end user license agreements, evidence of
licenses, including %gthout limitation, any certificate of authenticity and other
media provided in connection with such Software, all as delivered with or
affixed as a label to the Products. Lessee agrees that this Agreement and any
Lease (including the safe of any Product pursuant to any purchase option)
does not grant any We or interest In Software or Licensed Materials. Any use
of the terms 'sell,' "purchase," "license," 'lease," and the take In this
Agreement or any Schedule with respect to Licensed Materials shall be
interpreted in accordance with this Section 6.
7. USE; LOCATION; INSPECTION.
Lessee shall (a) comply with all terms and conditions of any licensed
Materials and (b) possess and operate the Products only n in accordance
with the Seller's supply contract and any service provider maintenance and
operating manuals, documentation and applicable laws; and (i) for the
business purposes of Lessee. Lessee agrees not to crave Products from the
locations) specified in the Schedule without providing Lessor with at least 30
days prior written notice, and then only to a location within the continental
United States and at Lessee's expense. Without notice to Lessor, Lessee
may temporanly use laptop computers at other locations, including outside the
United States, provided Lessee oompites with the United States Export
Control Administration Ad of 1879 and the Export Administration Act of
1985, as those Acts are amended from time to time (or any successor or
similar legislation). Provided Lessor complies with Lessee's reasonable
security requirements, Lessee shall allow Lessor to inspect the premises
Mere the Products are located from time to time during reasonable hours
after reasonable notice in order to confirm Lessee's compliance with its
obligations under this Ag reement.
8. RETURN.
At the expiration or earlier termination of any Schedule, and except for
Products purchased pursuant to any purchase option under the Lease, if arty,
Lessee will (a) remove all proprietary data from the Products; and (b) return
them to Lessor at a place within the contiguous United States designated by
Lessor. Upon return of the Products, Lessee's right to the operating system
Software in returned Products will terminate and Lessee will return the
Products with the original certificate of autherhticlty (altar hed and unaltered) for
the original operating system Software. Lessee agrees to deinstall and
package the Products for return in a manner winch will protect them from
damage. Lessee shall pay all costs associated with the packaging and
return of the Products and shall promptly reimburse Lessor for all costs and
expenses for missing or damaged Products or operating system Software.
If Lessee fails to return all of the Products at the expiration of the Lease
Term or earlier termination (other than for non - appropriation) In accordance
with this Section, the Lease Term with respect to the Products that are not
returned shall continue to be renewed as described in the Schedule.
9. RISK OF LOSS; MAINTENANCE; INSURANCE.
(a) From the Ume the Products are delivered to Lessees ship to location
until the Products are returned to Lessor's designated return location or
purchased by Lessee, Lessee agrees: (i to assume the risk of loss or damage
to the Products; (It) to maintain the Products in good operating condition and
appearance, ordinary wear and tear excepted, (iii) to comply with all
requirements necessary to enforce all warranty rights; and (iv) to promptly
repair any repairable damage to the Products. For the Lease Term, Lessee
shall ensure that the Products are covered by a manufadurer approved
maintenance agreement or, with Lessor's prior consent. are self - maintained in
accordance with the standards set forth herein. Al alt times, Lessee shall
provide the following insurance: (x) casualty toss Insurance for the Products for
no less than the Stipulated Loss Value (defined below) naming Lessor as a loss
payee: (y) llabiity Insurance with respect to the Products for no less than an
amount as required by Lessor, with Lessor named as an additional Insured;
and (z) such other insurance as may be required by law which names Lessee
as an insured and Lessor as an additional Insured. Upon Lessor's prior written
consent, Lessee may provide this insurance pursuant to Lessee's existing self
insurance pokey or as provided for under state law. lessee shall provide
Lessor whth either an annual certificate of third party insurance or a written
deWpbon of its self insurance policy or relevant law, as applicable. The
certificate of Insurance x111 prnv€de that Lessor shall receive at least ten (10)
days prior written notice of any material change to or cancellation of the
Insurance pofrcy or Lessee's self4nsuranoe program If previously approved by
Lessor. If lessee does not give Lessor evidence of insurance In accordance
with the standards herein, Lessor has the right, but not the obligation, to obtain
such Insurance covering Lessors Interest in the Products for the Lease Term.
Including renewals. ti Lessor obtains such insurance, Lessor will add a
monthly, quarterly or annual charge (as appropriate) to the Rent to reimburse
Lessor for the insurance premium and Lessor's then current Insurance
administrative fee.
(b) If the Products are lost, stolen, destroyed, damaged beyond repair or
in the event of any condemnation, confiscation, seizure or expropriation of
such Products (Casualty Produclsj Lessee shall promptly m notify Lessor
of the same and OD pay to Lessor the Stipulated Loss Value for the Casualty
Products. The Stipulated Loss Value is an amount equal to the sum of (a) all
Rent and other amounts then due and ovdng (including interest at the
Overdue Rate from the due date until payment is received) under the Lease,
plus (b) the present value of all fiuture Rent to become due under the Lease
during the remainder of the Lease Term, plus (c) the present value of the
estimated in place Fair Market Value of the Product at the end of the
Primary Term as determined by Lessor, plus (d) all other amounts to
become due and owing during the remaining Lease Tent, finless priced as
a tax-exempt Schedule, each of (b) and (c) shall be calculated using the
federal funds rate target reported in the Wall Street Journal on the
Commencement Date of the applicable Schedule. The discount rate
applicable to fax - exempt Schedules shall be federal funds rate target
reported In the Wall Street Journal on the Commencement bate of the
applicable Schedule less 100 basis points.
10. ALTERATIONS.
Lessee shall, at its expense, make such alterations to the Products during the
Lease Term as are legally required or provided at no charge by Seller.
Lessee may make other alterations, additions or Improvements to the
Products proms that any alteration, addition or Improvement shall be readily
removable and shall not materially impair the value or utility of the Products.
Upon the return of any Product to Lessor, any alteration, addition or
improvement that is not removed by Lessee shall become the property of
Lessor free and clear of all Pens and encumbrances.
11. REPRESENTATIONS AND WARRANTIES OF LESSEE.
Lessee represents, warrants and covenants to Lessor and will provkfe to
Lessor at Lessor's request all documents deemed necessary or appropriate
by Lessor, including Cortificates of Insurance, financial statements, Secretary
or Cleric CerH Hates, essential use Information or documents (such as
affidavits, notices and similar Instruments in a form satisfactory to Lessor) and
Opinions of Counsel (in substantially such form as provided to Lessee by
Lessor and othenvLse satisfactory to Lessor) to the effect that, as of the time
Lessee enters into this Agreement and each Schedule that
(a) Lessee is an entity duly organized and existing under and by virtue of
the authorizing statute or constitutional provisions of its state and Is a state or
political subdivision thereof as described In Section 103(x) of the Internal
Revenue Coda of 1986, as amended, and the regulations promulgated
thereunder as in effect and applicable to the Agreement or any Schedule, with
hull power and authority to enter Into this Agreement and any Schedules and
perform an of Its obligations under the Leases;
(b) This Agreement and each Schedule have been duty authorized,
authenticated and delivered by Lessee by proper action of its governing
board at a regularly convened meeting and attended by the requisite
majority of board members, or by other appropriate official authentication,
as applicable, and all requirements have been met and procedures have
occurred In order to ensure the validity and enforceability of this Agreement
against Lessee;
(c) This Agreement and each Schedule constitute the valid, legal and
binding obligations of Lessee, enforceable in accordance with their terns:
rFS Public r, iA0262ppMdobc Page 2 of 4
(d) No other approval, consent or withholding of objection is required
from any federal, state or local governmental authority or instrumentality
with respect to the entering into or performance by Lessee of the Agreement
or any Schedule and the transactions contemplated thereby',
(a) Lessee fails to pay any Rent or other amounts payable under this
Agreement or any Schedule within 15 days after the date such payment is
due;
(b) Any representation or warranty made by Lessee to Lessor in connection
(e) Lessee has complied with such public bidding requirements and other with this Agreement, any Schedule or any other Docxmrents Is at the time
state and federal laws as may be applicable to the Agreement and any made materially untrue or € correct;
Schedule and the acquisition by Lessee of the Products;
(I) The entering into and performance of the Agreement or any Schedule
Wit not (i) violate any judgment, order, law or regulation applicable to
Lessee; (i) result in any breach of, or constitute a default under, any
instrument to which the Lessee is a party or by which it or its assets may be
bound; or (II) result In the creation of any lien, charge, security Interest or
other encumbrance upon any assets of the Lessee or on the Products, other
than those created pursuant to this Agreement;
(g) There are no actions, suits, proceedings, inquiries or investigations, at
law or In equity, before or by any court, public board or body, pending or
threatened against or affecting Lessee, nor to the best of Lessee's
knowledge and belief Is there any basis therefor, which If detenNned
adversely to Lessee will have a material adverse effect on the ability of
Lessee to fulfill Its obligations under the Agreement or any Schedule;
(h) The Products are essentlai to the proper, efficient and economic
operation of Lessee or to the services which Lessee provides to Its citizens.
Lessee expects to make immediate use of the Products, for which it has an
immediate need that is neither temporary nor expected to diminish during the
applicable Lease Tern. The Products wilt be used for the sole purpose of
perfornft one or more of Lessee's governmental or proprietary functions
consistent within the permissible scope of Lessee's authority, and
() Lessee has, In accordance with the requirements of law, fully
budgeted and appropriated sufficient funds to make all Rent payments and
other obligations under this Agreement and any Schedule during the current
Fiscal Period, and such funds have not been expended for other purposes.
12. WARRANTY ASSIGNMENT; EXCLUSION OF WARRANTIES;
LIMITATIONS ON LIABILITY; FINANCE LEASE.
(a) Provided no Event of Default has occurred and is cortttnuing, Lessor
assigns to Lessee for the Lease Term the benefit of any Product warranty and
right of return provided by any Seller.
(b) LESSEE ACKNOWLEDGES THAT LESSOR DID NOT SELECT,
MANUFACTURE, SUPPLY OR LICENSE ANY PRODUCT AND THAT
LESSEE HAS MADE THE SELECTION OF PRODUCTS BASED UPON ITS
OWN JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE ON
STATEMENTS MADE BY LESSOR OR ITS AGENTS, LESSOR LEASES
THE PRODUCTS AS-IS AND MAKES NO WARRANTY, EXPRESS,
IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES OF DESIGN, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE. LESSEE HEREBY WAIVES ANY CLAIM IT
MIGHT HAVE AGAINST LESSOR OR ITS ASSIGNEE FOR ANY LOSS,
DAMAGE OR EXPENSE CAUSED BY OR WITH RESPECT TO ANY
PRODUCTS.
(c) IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY ACTUAL,
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY SCHEDULE
OR THE SALE, LEASE OR USE OF ANY PRODUCTS EVEN iF LESSOR IS
ADVISED IN ADVANCE OF THE POSSIBILITY OR CERTAINTY OF SUCH
DAMAGES AND EVEN IF LESSEE ASSERTS OR ESTABLISHES A
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
PROVIDED IN THIS AGREEMENT.
(d) Lessee agrees that it is the intent of both parties that each lease qualify
as a statutory finance lease under Art€de 2A of the UCC. Lessee
acknowledges either (s) that Lessee has reviewed and approved any vMuen
supply contract covering the Products purchased from the Seller for lease to
Les or (fl that Lessor has Informed or advised Lessee, in writing, either
previously or by this Agreement, that Lessee may have rights tinder the supply
contract evidencing Lie purchase of the Products and that Lessee should
contact the Seller for a description of any such rights. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, LESSEE HEREBY WAIVES
ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY
ARTICLE 2AOF THE UGC.
13. EVENTS OF DEFAULT.
It shall be an event of default hereunder and under any Schedule ("Event of
Default`) it
(c) Lessee fails to comply with any other obligation or provision of this
Agreement or any Schedule and such failure shall have continued for 30 days
after notice from Lessor;
(d) Lessee () is generally not paying its debts as they become due or (It)
takes action for the purpose of invoking the protection of any bankruptcy or
Insolvency law, or any such law is invoked against or with respect to Lessee or
its property and such petition Is not dismissed within 60 days;
(e) Any provision of this Agreement ceases to be valid and binding on
Lessee, is declared null and void, or its validity or enforceability is contested
by Lessee or any governmental agency or authority whereby the loss of such
provision would materially adversely affect the rights or security of Lessor, or
Lessee denies any further liability or obligation under this Agreement; or
(f) Lessee is in default under any other lease, contract, or obligation now
existing or hereafter entered Into with Lessor or Seller or any assignee of
Lessor.
14. REMEDIES; TERMINATION.
(a) Upon an Event of Default under any Schedule, all of Lessee's rights
(Including its rights to the Products), but not Its obligations thereunder, shall
automatically be canceled without notice and Lessor may exercise one or
more of the following remedies in its sole discretion:
() require Lessee to return any and all such Products In accordance
with Section 8, or ff requested by Lessor, to assemble the products In a single
location designated by Lessor and to grant Lessor the might to enter the
premises where such Products are located (regardless of where assembled)
for ttha purpose of repossession;
(io sell, lease or otherwise dispose of any or all Products (as agent and
attorney -in -fact for Lessee to the extent necessary) upon such terns and In
such marcher (at public or private safe) as Lessor deems advisable in its sole
discretion CDisposttion');
(k) declare imxnedlately due and payable as a pre- estimate of liquidated
damages for loss of bargain and not as a penalty, the Stipulated Loss Value of
the Products In lieu of any further Rent, in which event Lessee shall pay such
amount to Lessor within 10 days after the date of Lessees demand; or
(rv) proceed by appropriate court action either at law or in equity
(Including action for specific performance) to enforce the performance by
Lessee or recover damages associated with such Event of Default or exercise
any other remedy available to lessor in law or In equity.
(b) Lessee shall pay all costs and expenses arising or incurred by Lessor,
including reasonable attorney fees, in connection with or related to an went
of Default or the repossession, transportation, re- furbishing, storage and
Disposition of any or all Products ('Default Expenses`}. In the event Lessor
recovers proceeds (net of Default Expenses) from its Disposition of the
Products, Lessor shall credit such proceeds against the owed S'ti'pulated Loss
Value. Lessee shall remain liable to Lessor for any deficiency. Wth respect
to this Section, to the extent the proceeds of the Disposition (net of Default
Expenses) exceed the Stipulated Loss Value owed under the Lease, or
Lessee has paid Lessor Lie Stipulated Loss Value, the Default Expenses and
all other amounts owing under the Lease, Lessee shall be entitled to such
excess and shall have no further obligations with resped to such Lease. All
rights of Lessor are cumulative and not alternative and may be exercised by
Lessor separately or together.
15. QUIET ENJOYMENT.
Lessor shall not Interfere with Lessee's right to possession and quiet
enjoyment of Products during the relevant Lease Term, provided no Event of
Default has occurred or is continuing. Lessor represents and warrants that as
of the Commencement Date of the applicable Schedule, Lessor has the right
to lease the Products to Lessee.
16. INDEMNIFICATION.
To the extent permitted by law, Lessee shall indemnify, defend and hold
Lessor, its assignees, and their respective officers, directors, employees,
representatives and agents harmless from and against, all claims, liabUdes,
costs or expenses, Including legal fees and expenses (collectively, 'Claims),
DFS Public MUL08252ONdorx Page 3 of 4
arising from or incurred in connection with this Agreement, any Schedule, or
the sele-don, manufacture, possession, ownership, use, condition, or return of
any Products tuidudlng Claims for personal injury or death or damage to
property, and to the extent Lessee is responsible, Clams related to the
subsequent use or Disposition of the Products or any data In or alteration of
the Products. This indemnity shall not extend to any loss caused solely by the
gross negligence or willful misconduct of Lessor. Lessee shall be responsible
for the defense and resolution of such Claim at its expense and shall pay any
amount for resolution and all costs and damages awarded against or incurred
by Lessor or any other person Indemnified hereunder, provided, however, that
any person inderwified hereur& -r shall have the right to participate in the
defense of such Claim with counsel of Its eholce and at its expense and to
approve any such resolution. Lessee shag keep Lessor Informed at all times
as to the status of the Claim,
17. OWNERSHIP; LIENS AND ENCUMBRANCES; LABELS.
As between Lessor and Lessee, title to the Products (other than the
Licensed Materials) is and shall remain vilth Lessor. Products are
considered personal property and Lessee shall, at Lessee's expense, keep
the Products free and dear of liens and encumbrances of arty kind (except
those arising through the acts of Lessor} and shall Immediately notify Lessor if
Lessor's interest is subject to compromise. Lessee shall not remove, cover, or
alter plates, labels, or other markings upon Products by Lessor, Seller or arty
other supplier.
18, NON - PERFORMANCE BY LESSEE.
If Lessee shall fail to perform any of its ob€igallons hereunder or under any
Schedule, Lessor shall have the right but not the Obligation to effect such
performance and Lessee shall promptly reimburse Lessor for all out of pocket
and other reasonable expenses Incurred in connection with such performance,
with interest at the Overdue Rate.
19. NOTICES.
Ail notices shall be given In writing and, except for billings and
communications in the ordinary course of business, shall be delivered by
overnight confer servioe, delivered personally or sent by cerfified mail, return
receipt requested, and shall be effective on the date of receipt unless mailed,
In which case the effective dale will be four (4) Business Days after the date of
malling. Notices to Lessor by Lessee shall be sent to: Dell Financial Services
L.L.C., Legal Department, One Dell Way, Round Rode, TX 78882, or such
other mailing address designated in writing by Lessor. Notice to Lessee shall
be to the address on the first page of this Agreement or such other marling
address designated in writing by Lessee.
20. ASSIGNMENT.
(a) LESSEE MAY ASSIGN THIS AGREEMENT OR ANY SCHEDULE, OR
SUBLEASE ANY PRODUCT(S) WITH THE PRIOR WRITTEN CONSENT OF
LESSOR (SUCH CONSENT NOT TO BE UNREASONABLY WITHHELD).
LESSOR, AT ITS SOLE DISCRETION, MAY ASSESS AN ADMINISTRATIVE
FEE FOR ANY APPROVED ASSIGNMENT OR SUBLEASE. No assignment
or sublease shall in any way discharge Lessee's obligations to Lessor under
this Agreement or Schedule.
(b) Lessor may at any time without notice to Lessee, but subject to the rights
of Lessee, transfer, assign,Dr grant a security interest in any Product, this
Agreement, any Schedule, or any rights and obligations hereunder or
thereunder in whole or in part Lessee hereby consents to such ass€gnrnents,
agrees to comply fully with the terms thereof, and agrees to execute and
deliver promptly such acknowledgments, opinions of counsel and other
Instruments reasonably requested to effect such assignment.
(c) Subject to the foregoing, this Agreerent and each Schedule shall be
binding upon and inure to the benefit of Lessor, Lessee and their successors
and assigns.
21. GOVERNING LAW; JUMDICTION AND VENUE; WAIVER OF JURY
TRIAL.
THIS AGREEMENT AND EACH SCHEDULE SHALL BE GOVERNED BY
Texas LAW WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES
AND, TO THE EXTENT APPLICABLE, THE ELECTRONIC SIGNATURES IN
GLOBAL AND NATIONAL. COMMERCE ACT. LESSEE CONSENTS TO
THE JURISDICTION OF ANY FEDERAL COURT LOCATED IN Harris
COUNTY, Texas AND WAIVES ANY OBJECTION TO VENUE IN SUCH
COURT, AND FURTHER WANES ANY RIGHT TO A TRIAL BY JURY.
22. MISCELLANEOUS.
(a) The headings used in this Agreement are for convenience only and
shall have no legal effect. This Agreement shall be Interpreted without any
strict construction In favor of or against ether party.
(b) The provisions of Sections 6, 8, 11, 12(b), 12(c), 12(d), 16, 21 and 22
shall continue in full force and effect even after the terrnination or expiration of
this Agreement or any Schedule.
(e) Failure of Lessor at any time to require Lessee's performance of any
obligation shah not affect the right to require performance of that obligation.
No term, condition or provision of this Agreement or any Schedule shall be
waived or deemed to have been waived by Lessor unless it Is in writing and
signed by a duly authorized representative of Lessor. A valid waiver is limited
to the specific situation for which it was given.
(d) Lessee shall furnish such financial statements of Lessee (prepared In
accordance with generally accepted accounting princtples) and other
information as Lessor may from time to time reasonably request.
(a) If any provision(s) of this Agreement is deemed invalid or unenforceable
to any extent (other than provisions going to the essence of this Agreement)
the sane shalt not in any respect affect the validity, legality or enforceabii€ty (to
the fullest extent permitted by law) of the remainder of this Agreement and the
parties shall use their best efforts to replace such illegal, Invalid or
unenforceable provision with an enforceable provision approximating, to the
extern possible, the original Intent of the parties.
(t) Unless otherwise provided, all obligations hereunder shah be performed
or observed at the respective party's expense.
(g) Lessee shall take any action reasonably requested by Lessor for the
purpose of fully effectuating the intent and purposes of this Agreement or any
Schedule. if any Lease is determined to be other than a true lease, Lessee
hereby grants to Lessor a first priority security Interest in the Products and all
proceeds thereof. Lessee admawledges that by signing this Agreement,
Lessee has authorized Lessor to file any financing statements or related filings
as Lessor may reasonably deem necessary or appropriate. Lessor may file a
copy of this Agreement or any Sd)edule in lieu of a financing statement
(h) This Agreement and any Schedule may be signed in any number of
counterparts each of which when so executed or otherwise authenticated and
delivered shall be an original but all counterparts shall together constitute one
and the same Instrument. To the extent each Schedule would constitute
chattel paper as that term is defined in the UCC, no security Interest may be
created through the transfer or control or possession, as applicable, of a
counterpart of a Schedule other than the original In Lessor's possession
marked by Lessor as either `original' or "Counterpart Number V.
(I) This Agreement and the Schedules hereto between Lessor and Lessee
set forth all of the understandings and agreements between the parties and
supersede and merge all prior written or oral communications,
understandings, or agreements between the parties relating to the subject
matter contained herein. Except as perrnitted herein, this Agreement and any
Schedule may be amended only by a writing dirty signed or otherwise
authenticated by Lessor and Lessee.
(1) If Lessee delivers this signed Master Lease, or any Schedule,
amendment or other document related to the Master Lease (each a
"Document") to Lessor by facsimile transmission, and Lessor does not
receive all of the pages of that Document, Lessee agrees that, except for
any pages which require a signature, Lessor may supply the missing pages
to the Document from Lessor's database which conforms to the version
number at the bottom of the page. if Lessee delivers a signed Document to
Lessor as an e-mail attachment, facsimile transmission or by U.S. mail,
Lessee acknowledges that Lessor is relying on Lessee's representation that
the Document has not been altered. Lessee further agrees that,
notwithstanding any rule of evidence to the contrary, in any hearing, trial or
proceeding of any kind with respect to a Document, Lessor may produce a
tangible copy of the Document transmitted by Lessee to Lessor by facsimile
or as an e-mail attachment and such signed copy shalt be deemed to be the
original of the Document. To the extent Of any) that the Document
constitutes chattel paper under the Uniform Commercial Code, the
authoritative copy of the Document shall be the copy designated by Lessor
or its assignee, from time to time, as the copy available for access and
review by Lessee, Lessor of its assignee, All other copies are deemed
Identified as copies of the authoritative copy. in the event of Inadvertent
destruction of the authoritative copy, or corruption of the authoritative copy
for any reason or as the result of any cause, the authoritative copy may be
restored from a backup or archive copy, and the restored copy shall become
the authoritative copy. At Lessor's option, this electronic record may be
converted into paper form. At such time, such paper copy will be designated
DFS Pubft MLA.0825200MoU Page 4 of 4
copy of the Dowment.
the dates set forth below, to be effective
of
BY:
DELL FINANCIAL SERVICES L -t_.C.
'i.essce
BY:
TITLE:
OM Publfc M[A08252Wdobc Page 5 of 4
SECRETARYICLERK CERTIFICATE
I, S _ar - 01/1 H ta , do hereby certify that:
(1) I am the duly elected, qualified, and acting
Secretary, etc.) of City of La Porte, Texas, a public entity (the "Public Entity`).
(Clerk,
(Ii) Each of the persons whose name, title and ture appear below Is a duly authorized
representative of the Public Entity and holds on the date of this 9ertifkpate the formal title set forth opposite
his/her name and the signature appearing opposite each such per on's lame is his/her genuine signature:
NAME OF AUTHORIZED
SIGNATORY
ovv 8Q rR - U - Yyls
TITLE OF AUTHORIZED
SIGNATORY
5_NAME OF AUTHORIZED
GNATORY
(iii) Each such representative is duty authorized for and on behalf of the Public Entity to
execute and deliver that certain Master Lease Agreement No. (the 'Agreement") and
any related Lease Schedules from time to time thereunder (the 'Schedules') between the Public Entity and Dell
Financial Services L.L.C., or its assignee (collectively, `Lessor "), and all agreements, documents, and
instruments in connection therewith, including without limitation, schedules, riders and certificates of
acceptance.
( €v) The execution and delivery of any such Agreement and /or Schedule and all
agreements, documents, and instruments in connection therewith for and on behalf of the Public Entity are not
prohibited by or in any manner restricted by the terms of the Charter or other document pursuant to which it Is
organized or of any loan agreement, Indenture or contract to which the Public Entity is a party or by which it or
any of its property Is bound.
(v) (STRIKE IF NOT APPLICABLE] The Public Entity did, at a duly called
(regular or special) meeting of the governin boQdy of the Public Entity attended throughout by the r u €site
majority of the members thereof held on I 200q, by motion duly made, seconded and carried, in
accordance with all requirements of law, ap rove and authorize the execution and delivery of the Agreement,
the related Schedule(s) and all agreements, documents, and Instruments In connection therewith on its behalf
by the authorized representatives) of the Public Entity named in paragraph (11) above. Such action approving
the Agreement, the related Schedule(s) and all agreements, documents, and Instruments in connection
therewith and authorizing the execution thereof has not been altered or rescinded by the Public Entity.
(vi) No event or condition that constitutes, or with the giving of notice or the lapse of time
or both would constitute, an Event of Default (as such term is defined In the Agreement) exists at the date
hereof.
Public Entity.
(vii) All insurance required In accordance with the Agreement is currently maintained by the
(viii) The Public Entity has, in accordance with the requirements of law, fully budgeted and
appropriated sufficient funds for the current budget year to make the Rent payments scheduled to come due
during the first Fiscal Period and to meet its other obligations for the first Fiscal Period (as such terms are
defined in the Agreement) and such funds have not been expended for other purposes,
q [ 3o jq4 (€x) The Fiscal Period of the Public Entity Is from 10 1 1 1 n 2
to
WS Public SeeretaryClerk Certificate.00208
(x) The foregoing authority and Information shall remain true and in full force and effect,
and Lessor shall be entitled to rely upon same, until written notice of the modification, rescission, or revocation
of same, in whole or in part, has been delivered to Lessor, but In any event, shall be effective with respect to
any documents executed or actions taken in reliance upon the foregoing authority prior to the delivery to
Lessor of said written notice of said modification, rescission or revocation,
set my hand this day of tl UA >' 200 .
SHARON HARRIS
Mil C.ottuntWorl B QA,eyj,
aerr�b.r 12, 2009 ks Z � �� r Name: Title: SSi
Subscribed to and sworn before me this ES day of A LA 2001 .
Notary Public
My commission expires _
❑FS Public SceretatyCleok Cati$cete.012208
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested October 10, 2011
Requested By Michael Dolby
Department: Finance
Report Resolution: Ordinance XX
Exhibits: Texas Property Tax Law Changes Sec 11.253
Exhibits: Ordinance
Exhibits: Letter from Robert Mott of Perdue Brandon
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The governing body of each taxing unit in the state may act to tax goods -in- transit.
Before acting to tax the exempt property, the governing body must conduct a public
hearing as required by the Texas Constitution, Article VIII, Section 1 -n(d). Goods -in-
transit made subject to taxation by a taxing unit remain so by that taxing unit until the
unit by official action rescinds or repeals it previous action to tax the property. In 2007
the City passed Ordinance 2007 -3023 to tax goods in transit.
Section 11.253 was originally passed with HB 621 and in the 2011 session, the Texas
Legislature passed SB 1, which amended Texas Property Tax Code section 11.253 (a)(2)
to modify the definition of "goods -in- transit' to mean tangible personal property stored
under a contract of bailment by a public warehouse operator at one or more public
warehouses that are not in any way owned or controlled by the owner of the personal
property, rather than prohibiting direct or indirect ownership interest.
If no action is taken these goods will first become exempt in 2012; if the City of La Porte
chooses to continue to tax these types of goods; the City of La Porte must adopt an
ordinance to tax such "goods -in- transit'. Staff recommends that they City Council pass
an ordinance authorizing the City to continue to tax "goods -in- transit'.
Action Required by Council:
1) Call Public Hearing to discuss "Goods -in- transit'
2) Approve an ordinance allowing the City of La Porte to continue to tax "Goods -in-
transit."
Approved for City Council Agenda
Ron Bottoms, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested October 10, 2011
Requested By Michael Dolby
Department: Finance
Report Resolution: Ordinance XX
Exhibits: Texas Property Tax Law Changes Sec 11.253
Exhibits: Ordinance
Exhibits: Letter from Robert Mott of Perdue Brandon
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The governing body of each taxing unit in the state may act to tax goods -in- transit.
Before acting to tax the exempt property, the governing body must conduct a public
hearing as required by the Texas Constitution, Article VIII, Section 1 -n(d). Goods -in-
transit made subject to taxation by a taxing unit remain so by that taxing unit until the
unit by official action rescinds or repeals it previous action to tax the property. In 2007
the City passed Ordinance 2007 -3023 to tax goods in transit.
Section 11.253 was originally passed with HB 621 and in the 2011 session, the Texas
Legislature passed SB 1, which amended Texas Property Tax Code section 11.253 (a)(2)
to modify the definition of "goods -in- transit' to mean tangible personal property stored
under a contract of bailment by a public warehouse operator at one or more public
warehouses that are not in any way owned or controlled by the owner of the personal
property, rather than prohibiting direct or indirect ownership interest.
If no action is taken these goods will first become exempt in 2012; if the City of La Porte
chooses to continue to tax these types of goods; the City of La Porte must adopt an
ordinance to tax such "goods -in- transit'. Staff recommends that they City Council pass
an ordinance authorizing the City to continue to tax "goods -in- transit'.
Action Required by Council:
1) Call Public Hearing to discuss "Goods -in- transit'
2) Approve an ordinance allowing the City of La Porte to continue to tax "Goods -in-
transit."
Approved for City Council Agenda
Ron Bottoms, City Manager Date
Texas Property Tax Law Changes 2011
described by this section. Property may not be exempted under
subsection (a) after the fifth anniversary of the date on which the
transferring organization acquired the property.
Effeetive June 17, 2011, but applies to the taxation ofrealproperty
beginning with the 2011 tax year.
Section 11.1825
HB 3133 amends subsection (f) to provide that an exemption
under this section may be granted for multifamily and single -
family housing.
The bill adds subsection (p -1) to provide that the transfer of
property from an organization described by this section to a
nonprofit organization that claims an exemption for the prop-
erty under Section 11.181(a) is a proper use of and purpose for
owning the property under this section.
The bill amends subsection (q) to require the chief appraiser
to use the income method of appraisal described by Section
23.012 regardless of whether the chief appraiser considers that
method to be the most appropriate method.
Effeetive June 17, 2011, but applies to the taxation ofrealproperty
beginning with the 2011 tax year.
HB 2702 amends subsection (s) and (v) to increase the popula-
tion minimums to 1.8 million (formerly 1.4 million).
Effective September 1, 2011.
Section 11.1827
SB 402 adds this section to provide a local option property tax
exemption for land owned by a community land trust created or
designated under Local Government Code Section 373B.002, to-
gether with housing units located on the land if the units are owned
by the trust. The exemption must be adopted by the governing
body of the taxing unit before July 1. To receive the exemption, the
trust must meet certain requirements of a charitable organization
under Sections 11.18 (e) and (f); own the land for the purpose of
leasing it and selling or leasing housing units located on the land;
and engage exclusively in the sale or lease of housing as provided
in this section. This property cannot be exempted after the third
anniversary of the date on which the trust acquires the property
unless the trust is offering to sell or lease or is leasing the property
as provided by Local Government Code 373B.
The section also provides a property tax exemption for any real
or tangible personal property the trust owns and uses in the
administration of its acquisition, construction, repair, sale or
leasing of property. This property must be used exclusively by
the trust, except for use by persons for activities incidental to
the trust's use that benefit the beneficiaries of the trust.
To receive an exemption, a trust must have an annual inde-
pendent audit with specified information and send that audit
to specified local governments and the chief appraiser within a
certain time period.
Effective January 1, 2012, but applies only to ad valorem taxes
imposed for a tax year beginning on or after the effective date.
SB 1 (1st CS) amends subdivision (a)(2) to modify the definition
of "goods -in- transit" to mean tangible personal property stored
under a contract of bailment by a public warehouse operator at one
or more public warehouses that are not in any way owned or con-
trolled by the owner of the personal property, rather than prohibit-
ing direct or indirect ownership interest. The terms "assembling,"
"manufacturing" "processing" and "fabricating," are deleted from
the definition as acceptable activities to qualify for the exemption.
The bill adds subdivision (a)(5) and (a)(6) to create the defini-
tions for "bailee" and "warehouse," assigning the same mean-
ings as in Business and Commerce Code Section 7.102, and
defines "public warehouse operator" to mean a person who is
both a bailee and a warehouse owner and stores tangible per-
sonal property owned by other persons solely for their account
and not for the operator's account.
The bill modifies subsection (e) and (h) to make conforming
changes.
To tax personal property that would otherwise qualify for the
"goods -in- transit" exemption, the bill adds subsection (j -1) to
require taxing units to take official action on or after October
1, 2011 after holding a public hearing. Official action to tax the
property must be taken before January 1 of the first tax year in
which the governing body proposes to tax the property. If such
official action is taken, the property remains subject to taxation
by that taxing unit until the unit by official action rescinds or
repeals its previous action to tax the property.
Subsection (j -2) is added to allow taxing units to continue to
tax "goods -in- transit" if the taxing unit took action to tax the
property before October 1, 2011 and pledged those taxes to the
payment of debt until the debt is discharged.
Effective January 1, 2012, but applies only to an ad valorem tax
year that begins on or after January 1, 2012, except fbr provisions
( -1) and ( - 2) relating to taxing units taking official action to tax
goods -in- transit which are effective October 1, 2011.
Section 11.31
HB 2280 amends subsection (n) to require that at least one
member of the advisory committee that advises TCEQ regard-
ing determinations related to pollution control property tax
exemptions be a representative of a school district or junior col-
lege district in which property is located that is or was subject
to an exemption under this section.
Effective June 17, 2011.
SB 201 adds subsection (e) to allow a person who qualifies for
the 100 percent or totally disabled veteran exemption under
Section 11.131 after January 1 of a tax year to receive the ex-
emption for the applicable portion of that tax year immediately
on qualification for the exemption.
Effective January 1, 2012, but applies only to an ad valorem tax
year that begins on or after the effective date.
Texas Comptroller of PublicAccouras • Property Tax Assistance Division 5
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF LA PORTE TO TAX TANGIBLE
PERSONAL PROPERTY IN TRANSIT WHICH WOULD OTHERWISE BE
EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 11.253
WHEREAS, the 82 Texas Legislature in Special Session, enacted Senate Bill 1, to take effect on
September 1, 2011, which would require a taxing unit to take action, in the required manner, after October
1, 2011, to provide for the taxation of goods -in- transit; and
WHEREAS, Tex. Tax Code §11.2530 -1) as amended allows the governing body of a taxing unit,
after conducting a public hearing, to provide for the continued taxation of such goods -in- transit; and
WHEREAS, the City Council (or Commission) of the City of La Porte, having conducted a public
hearing as required by Section 1 -n (d), Article VIII, Texas Constitution, and Tex. Tax Code §11.2530 -1)
is of the opinion that it is in the best interests of the City to continue to tax such goods -in- transit;
NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE THAT: The goods -in- transit, as defined Texas Tax Code Section 11.253(a)(2), as amended by
Senate Bill 1, enacted by the 82 Texas Legislature in Special Session, shall remain subject to taxation by
the City of La Porte, Texas.
Dated this 10 day of October, 2011.
Mayor Louis R Rigby
Attested:
City Secretary Patrice Fogarty, TRMC, MMC
Approved:
Clark Askins, Assistant City Attorney
A`rTOF 2NLYS AT LAW U
Howard Perdue
(1933 -2005)
Larry Brandon
James O. Collins
Terry Ann White
R. Bruce Medley
Robert Mott
Kevin Brennen
Harold Lerew
Jeanmarie Baer
David A. Ellison
Laura J. Monroe
Tab Beall
B. Lynn Stavinoha
Michael J. Darlow
Joseph T. Longoria
David S. Crawford
Donald B. Roseman
Carl O. Sandin
Jason Bailey
Owen M. Sonik
David Hudson
R. Gregory East
Elizabeth Banda Calvo
Yolanda M. Humphrey
John T. Banks
Sandra Griffin
Sergio E. Garcia
E. Stephen Lee
Clients of the Firm
1235 North Loop West
Suite 600
Houston, Texas 77009
Telephone: 713 -862 -1860
Facsimile: 713- 896 -0030
pbfcm.com
September 28, 2011
RE: New Exemption of "Goods -in- Transit" —Local Option to Tax
Dear Client:
D'Layne Peeples Carter
Hiram A. Gutierrez
Michael J. Siwierka
Thelma Banduch
Christopher S. Jackson
Eboney Cobb
Charles E. Brady
Adam J. Walker
Alesha L. Williams
Leslie M. Schkade
Carol Barton
D'Arwyn Daniels
Galen Gotten, Jr.
Pamela Gleason
E. Derick Mendoza
W. Tracy Crites. Jr.
Michael W. Balcezak
Veronica Leal Vasquez
Guy A. "Tony" Fidelie, Jr.
Jonathan Garza
Otilia R. Gonzales
Elizabeth A. Wiehle
George Dowlen*
Terry G. Wiseman*
C. David Fielder *
Gregg M. McLaughlin*
*Retired
In the 2007 session, the Texas Legislature passed Tax Code section 11.253 or the "Goods -in-
Transit" exemption as it is more commonly known. This legislation implemented a constitutional
amendment that was passed several years before. This legislation was very similar to the "Freeport
exemption" passed many years ago, but it had a potentially larger impact as time passed. At that time, we
wrote you and advised you of your option to tax "goods -in- transit" and most of you did.
During the 2011 special session, the legislature acted to significantly limit the applicability of
section 11.253. This exemption now applies only to goods that are stored in a public warehouse owned by
someone other than the owner of the goods. The law no longer exempts goods that are in a location for
assembly, manufacturing, fabrication or processing, as was the case under the law passed in 2007. The
legislature revised and narrowed the law to address the author's issue: competition between Texas and
New Mexico warehouse facilities. New Mexico does not tax such goods at all, so New Mexico
warehouse owners had a competitive advantage.
This update to the law requires that you act within a narrow window of time if you want to
continue to tax these goods for 2012. The update provides that you must take action after October 1,
2011 but before December 31, 2011, if you want to continue to tax such goods in 2012. You may later
elect to tax such goods for subsequent years if you fail to act this year.
AMARILLO ARLINGTON AUSTIN HOUSTON LUBBOCK
MCALLEN MIDLAND SAN ANTONIO TYLER WICHITA FALLS
What is Exempted?
This law exempts goods, principally inventory, that are stored under a contract of bailment by a
public warehouse operator at a public warehouse facility, that is in no way owned or controlled by the
owner of the goods, provided such property is moved to another location in this state or out of state
within 175 days after the goods were acquired in Texas or imported into Texas. The movement
requirement could be satisfied by simply moving the goods to another warehouse across the street.
Certain specific types of goods are presently excluded from this exemption: oil, natural gas,
petroleum products, aircraft, dealer's motor vehicle inventory, dealer's vessel and outboard motor
inventory, dealer's heavy equipment inventory, or retail manufactured housing inventory. Petroleum
products are defined to be only the immediate derivatives of oil and natural gas, so some goods that you
might think of as petroleum products may actually be exempted from taxation by this new law.
What is the Impact on Your Tax Base?
At present, this new law will probably have a limited impact because most goods are kept in
facilities owned by the owners of the goods. However, this may change. Some owners of goods that
presently store them may move their goods into a public warehouse in order to obtain the tax exemption.
It should be noted, however, that this pared down exemption has much less potential to reduce your tax
base than the original statute.
What Can You Do?
The governing body of each taxing unit in the state may act to tax these goods in the year
following the year in which the governing body takes action. These goods will first become exempt in
2012. So if you wish to continue to tax these types of goods in 2012, you must act to tax the goods after
October 1, 2011 and before December 31, 2011. You must inform all the appraisal districts in which your
local government is located that you have acted to tax these goods. A copy of a resolution, order, or
ordinance is the best way to document your decision to your appraisal district.
Before you act to tax these goods, you must hold a public hearing on the question of whether to tax
them or whether to let them become exempt. The legislature has prescribed no special procedures for this
hearing, so it may be held at a meeting of the governing body called for other purposes. The item must be
listed on the agenda for that meeting as an action item in compliance with the Open Meetings Act, but
there is no additional public notice required.
The legislature required that each taxing unit act in the manner required for official action by the
governing body of the taxing unit. For counties, this means that action should be taken by an order of the
commissioner's court. For cities, this means that action should be taken by an ordinance. For school
districts and other taxing units, this means that action should be taken by resolution. A sample order,
ordinance and resolution form is attached to this letter.
Special Note for School Districts
The wealth lost to this exemption will be deducted from the taxable wealth of the school district as
determined by the Comptroller for purposes of calculating state aid. Until the hold harmless provisions of
House Bill 1 are removed, this will have little impact on the amount of state aid your school district
receives. At present, the Comptroller's wealth estimate affects only the additional four cents that a school
district may impose and the amount of certain types of facilities aid the district receives from the state
(existing debt allotment and instructional facilities allotment).
We hope that this letter and the attached forms will help you make an informed decision on behalf
of the taxpayers that you represent. If you should have any questions concerning this matter, please feel
free to call your attorney at your local office or call me in Houston.
Sincerely,
Robert Mott
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 10, 2011
Requested By: D. Wilmore
Department: Planning
Report: X Resolution: Ordinance X
Exhibits: Inspection Report
Exhibits Condemnation Ordinance
Budget
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
On March 28, 2011 City Council reviewed the findings of the Dangerous Building Inspection
Board and granted an April 25, 2011 public hearing date. On April 25 the hearing on 1307 E.
Main was continued until June 27, 2011. The June 27 meeting was continued until September
26 and the September 26 meeting was continued until October 10, 2011. Subsequent to the
first public hearing meeting, legal notices in accordance with Article VIII; Section 82 -475 of the
Code of Ordinance, were provided to the structure owner. The individual attended all but the last
public hearing. To keep the individual informed, staff has left phone messages and provided
meeting reminder letters via regular mail.
The owner of the property is deceased and a son is handling the probate of the property. At June
27 meeting, the son advised the probate was underway but not complete and their potential
buyer was still interested in purchasing the property.
No change at the property has occurred and staff has left messages requesting an update on the
probate process; however, at time of this agenda preparation, no new information has been
received. A condemnation ordinance has been prepared to allow Council flexibility of
condemnation versus continuance of the public hearing should the representative provide
Council with an update that involves a request for more time.
Action Required by Council:
Consider passage of ordinance or other action regarding condemnation of the substandard
building at 1307 E. Main.
Approved for City Council Agenda
Ron Bottoms, City Manager
Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 10, 2011
Requested By: D. Wilmore
Department: Planning
Report: X Resolution: Ordinance X
Exhibits: Inspection Report
Exhibits Condemnation Ordinance
Budget
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
On March 28, 2011 City Council reviewed the findings of the Dangerous Building Inspection
Board and granted an April 25, 2011 public hearing date. On April 25 the hearing on 1307 E.
Main was continued until June 27, 2011. The June 27 meeting was continued until September
26 and the September 26 meeting was continued until October 10, 2011. Subsequent to the
first public hearing meeting, legal notices in accordance with Article VIII; Section 82 -475 of the
Code of Ordinance, were provided to the structure owner. The individual attended all but the last
public hearing. To keep the individual informed, staff has left phone messages and provided
meeting reminder letters via regular mail.
The owner of the property is deceased and a son is handling the probate of the property. At June
27 meeting, the son advised the probate was underway but not complete and their potential
buyer was still interested in purchasing the property.
No change at the property has occurred and staff has left messages requesting an update on the
probate process; however, at time of this agenda preparation, no new information has been
received. A condemnation ordinance has been prepared to allow Council flexibility of
condemnation versus continuance of the public hearing should the representative provide
Council with an update that involves a request for more time.
Action Required by Council:
Consider passage of ordinance or other action regarding condemnation of the substandard
building at 1307 E. Main.
Approved for City Council Agenda
Ron Bottoms, City Manager
Date
City of La Porte
DANGEROUS BUILDLIG INSPECTION FORM
HATE: 2- 2I -2a1 ]
STREET ADDRESS: 1307 E. MAIN
OR'NEiL' JANE Ft.T UA LEAS P. O. BOX 7] 8 LA PORTS TX 77572 -II778
DEED ORTNE T LA PORTS TX 77571
OTHER: GREG LEWTS 731a PINE SHADOWS LN BAY OWN. TX 77521
LEGAL: BLK 989 LT 8 -16 LA PORTE
OCCUPANCY TYPE: M ZONING: ' R -2
NON - CONFORMING ISSUES:
FACILITIES AVAILABLE: WATER X SEWER X
ELECTRICAL:
NO.OF DWELLING UNITS:
GA$: X
VACANT: X OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE 130ARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMD MD
THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR
THE FOLLOWING REASONS:
Sec. 82 -473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
1. A building that is vacant, and is not up to current building code standards.
These vacant buildings can be either open to trespass or boarded up;
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood,
or by any other cause to such an extent that the structural strength or stability thereof is
materially less than it was before such catastrophe and is less than the minimum requirements of
the building code for new buildings of similar structure, purpose or location;
)N 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage propertY;
tit 4. Whenever the building or structure, or any portion thereof, because of (a)
dilapidation, deterioration, or decay; (b) faulty construction; (e) the removal, movement or
instability of any portion of the ground necessary for the purpose of supporting the building;
(d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely
to partially or completely collapse;
5. Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose of which it is being used;
Dangerous Bufldings Inspect€on Farm
Page 2
� 6, Whenever the building or structure has been so damaged by fire, wind, earthquake, or
flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a
harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing
unlawful acts;
4 7. Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is
determined by the Board to be unsanitary, unfit for human habitation,or in such a condition that is
likely to cause sickness or disease;
4 S. 'Vi'henever any building or structure, because of obsolescence, dilapidated
condition,
deterioration, damage, inadequate exits, lack of sufficient fire- resistive
construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is
determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical Installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applicable:
1. Whenever any protective or safety device specified in The Electrical Cade and of this
title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to
fail or function as originally intended;
� 2. Whenever any installation or any portion thereof because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance,
which in relation to existing use constitutes a hazard to life, bealth, property or safety;
3, u'benever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property
or safety;
4. Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fire code so as to constitute a potential hazard
to life, health, property or safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION
SELECT OPTION 91: PAWABLE - RESJDRt `IAL
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDWG REGULATIONS THE 2009
114TERNATIONAL RESIDENTIAL CODE AND TBE 2008 NATIONAL ELECTRICAL CODE AS ADOPTED
AMEND AND ENACTED BY CITY ORDINANCES #04 -2700. #96- 2079 -K AND #96- 2079 -L. USING THE
REGULATIONS AND CODE AS ITS GUIDE PT IS THE OPINION OF TILE laAIdGEROUS I3UlLDING
INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS BUT STTL REPAIRABLE. ALL
REQ UIRED REPAW OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE
CITY OF LA PORTE CODES AND ORDINANCES. IF TIE REPAIR OR ALTERATION ORDER IS NO T
COMPLIED WII H WITFIIN THE TIMETABLE SET OUT IN ARTICLE SECTIO 82 478 IT IS 7
THE OPINION OF THIS BOARD THAT THIS BIMQING BE DEMOLISHED.
BUILDING OFFICIALS OFFICE DATE
C-
FME MARSHALS OFFICE DATE
X
Fun CHIEF'S OFFI DATE
Dangerous Building Inspection Form
Page 3
SACity Phnn'ig Sharel04- 1NSPECnGN 9l6NL4LLOTFMR SnTnCodt EnLm-in -Man Bwldin �2[Fllf 1EMAINll1SP
FORMA
BU L.DING FV6LUATIO1t CFIECI:LIST
A = Adequate
D = Deficient
N/A = Not Applicable
I. STRUCTURAL
COUNT 1 EXPLANATION
A. Foundation
1. Slab
NIA
2. Pier & Beam
a. Footings
A
b. Sills
UNK
NOT VISIBLE
C. Joists
UNK
NOT VISIBLE
B. Walls
1. Exterior
A
2, interior
UNK
UNABLE TO ACCESS
C. Means of Egress
1. Doors
a. Interior
UNK
LINABLE TO ACCESS
b. Exterior
A
2. Porches, Steps,
Stairs
A
3. Windows
A
D. Roof
1. Rafters
D
ROT
2. Deck, Shingles
D
SINGLES MISSING, FACIA ROT
Ir. Ceilings
1. Joists
UNK
NOT VISIBLE
2. Ceiling
D
FALLING IN SEVERAL SPOTS
F. Floors
UNK
UNABLE TO VIEW
G. Other
11. A4EHCANICAL SYSTEMS
A. Electrical
1. $twice Entrance
& Panel
D
NO DEAD FRONT
2. Wiring
UNK
UNABLE TO ACCESS
3. Lights, Switches
UNK
UNABLE TO ACCESS
4. Outlets
UNK
UNABLE TO ACCESS
5. Other
R. Plumbing
1. Fixtures
a_ Sink
UNK
UNABLE TO ACCESS
b. Lavatories
UNK
UNABLE TO ACCESS
c. Water /Closets
UNK.
UNABLE TO ACCESS
d. TuMhower
UNK
UNABLE TO ACCESS
e. Water heater
UNK
UNABLE TO ACCESS
2. Water Piping
UNK
UNABLE TO ACCESS
3, Drain, Taste
& Vent
UNK.
UNABLE TO ACCESS
4. Sswer /Septic tank
UNK
UNABLE TO ACCESS
5. Gas System
UNK
UNABLE TO ACCESS
C. Heating & A/C
1. Heating
UNK
UNABLE TO ACCESS
2. Air Conditioning
UNK
EXISTING UNIT
III. PROPERTY CONDITIONS
1. Accessory Structures
D
3 ACC BLDGS• BAD ROOFS & ROT
2. Condition of Grounds
A
3. Other
Comments: SEPTIC TANK ON SITE
SACity Phnn'ig Sharel04- 1NSPECnGN 9l6NL4LLOTFMR SnTnCodt EnLm-in -Man Bwldin �2[Fllf 1EMAINll1SP
FORMA
ORDINANCE NO.
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 989, LTS 8 -I6,
LA PORTE , HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDING(S) CONDEMNED; FINDING THAT JANE FUQUA LEWIS JANE
LEWIS & GREG LEWIS ARE THE RECORD OWNER(S) OF SAID PROPERTY,
ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN
THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING
THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID
BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS
ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID
BUILDINGS) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to
be composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out of the necessary duties of such member, or by reason of a complaint of any
citizen of the City or of the City Council, that a dangerous building exists, the Board shall make
a thorough inspection of such building(s); and
WHEREAS, Section 82 -474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members of the City
Council and to the City Attorney. Such report shall state the circumstances and the condition of
the building(s) upon which such conclusion was based. The report shall be filed in all cases no
matter what conclusion is stated by the Board; and
Ordinance No.
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located at BLK 989, LTS 8 -16, LA PORTE which is further described as 1307 E MAIN ST.,
Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as
established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board has heretofore made and filed its written report, dated
FEBRUARY 21, 2011 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, _ JANE FUQUA LEWIS , whose address is P. O. BOX 718, LA PORTE, TX
77572 -0718, and JANE LEWIS whose address is 1307 E MAIN ST„ LA PORTE, TX 77571,
and GREG LEWIS, whose address is 7310 PINE SHADOWS LN., BAYTOWN, TX 77521
that a hearing as provided in Section 82 -477 of said Ordinance would be held at 6:00 PM on
APRIL 25, 2011 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall,
City of La Porte, Texas, at which time the Council would hear evidence for and against the
conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owner(s), by registered mail, return receipt requested, which return receipt indicated that said
owner(s) received said notice on POST OFFICE RETURNED "NOT DELIVERABLE AS
ADDRESSED - UNABLE TO FORWARD" ON APRIL — 1 2011 BOX 718 ADDRESS AND
AS "NO MAIL RECEPTACLE" ON APRIL 1, 201l(FOR 1307 E MAIN ST. ADDRESS) AND
ON APRIL 2 2011 PINE SHADOWS LN. ADDRESS , a date more than ten (10) days
before the date set for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct
such public hearing, at which time evidence was presented both for and against the conclusions
of the Board; the April 25"' public hearing was continued for 60 days, to June 27, 2011; and the
June 27 "' public hearing was continued for 90 days, to September 26, 2011; and the September
26 public hearing was continued for 14 days, to October 10, 2011;
Ordinance No.
Page 3
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on October 10, 2011 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders of the City Council of the City of La Porte, based upon the evidence presented at said
hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report of the Board, in full, and incorporates such by reference herein as fully
as though set out herein.
Section 3. The City Council hereby finds, determines and declares such building(s)
to be a public nuisance, and orders such building(s) condemned.
Section 4. The City Council hereby finds, determines and declares that JANE
FUQUA. LEWIS, , who resides at P. O. BOX 718, LA PORTE, TX 77572 -0178, and JANE
LEWIS who resides at 1307 E MAIN ST., LA PORTE, TX 77571, and GREG LEWIS who
resides at 7310 PINE SHADOWS LN., BAYTOWN, TX 77521 and are the record owner(s) of
the property on which this building is situated, and that as such record owner(s), the said JANE
FUQUA LEWIS, JANE LEWIS, and GREG LEWIS have been duly and legally notified of those
proceedings.
Section 5. The City Council hereby orders the said JANE FUQUA LEWIS, JANE
LEWIS, and GREG LEWIS to entirely remove or demolish such building(s), and further orders
the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS to commence such removal
within ten (10) days from the effective date of this Ordinance, and to complete said removal or
demolition within thirty (30) days from the effective date of this ordinance.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more
conspicuous places on the exterior of the building(s), which notice or notices shall not be
removed or defaced by any person, under penalty of law.
Ordinance No. Page 4
Section 7 . The City Council hereby orders the City Secretary to forward a certified
copy of this Ordinance, to the record owner(s) of said property (the said JANE FUQUA LEWIS,
JANE LEWIS, and GREG LEWIS_) and to any and all lienholders or mortgagees, by registered
mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary;
and, publish in the official newspaper of the city a notice containing: 1) the street address or legal
description of the property, 2) the date of the public hearing, 3) a brief statement indicating the
results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may
be obtained.
Section S. Should the said JANE FUQUA LEWIS, JANE LEWIS, and GREG
LEWIS not comply with the orders contained in this Ordinance relating to the removal or
demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of
La Porte shall enter upon the said premises with such assistance as it may deem necessary, and
cause the said building(s) to be removed or demolished without delay, and the expenses of such
procedure shall be charged against the said JANE FUQUA LEWIS, JANE LEWIS, and GREG
LEWIS record owner(s) of said property, and shall thereupon become a valid and enforceable
personal obligation of said owner of such premises, and the said Board shall carefully compute
the cost of such removal or demolition, which cost shall be hereafter assessed against the land
occupied by such building(s), and made lien thereon.
Section 9 . The City Council officially finds, determines, and 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 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the day of , 2011.
Ordinance No.
ATTEST:
Patrice Fogarty, City Secretary
APPROVED:
Clar T. Askins, Assist. City Attorney
Page 5
CITY OF LA PORTE
ml
Louis R. Rigby, Mayor
REQUEST FOR CITY COUNCIL AGENDA ITEM
Xgenda Date Requested: October 10, 2011
Requested By: Tim Tietjens
Department: Planning
Report: Resolution: Ordinance X
Exhibit: Public Hearing Notice
Exhibit: 2010 Proposed LaPorte Redistricting Plan Map
Exhibit: 2010 La Porte Redistricting Ordinance
Budget
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
City Council conducted a workshop on September 12, 2011 to review the Draft 2010 La Porte
Redistricting Plan as recommended by the 2010 La Porte Redistricting Committee. Based upon
direction received from City Council, the plan is formally presented for consideration of
approval to enable the subsequent submittal to the U. S. Department of Justice for required pre-
clearance. As part of the approval process, a public hearing is being conducted as well.
Attached is the Proposed 2010 La Porte Redistricting Plan map in final form showing each
proposed district and the demographic representation of population within each proposed district.
The map also includes in the adjacent districts, the territory north of S. H. 225 within city limits
as discussed September 12th. The associated Ordinance describes the districts by metes and
bounds within the body of the document.
Action Required by Council:
1. Conduct public hearing to receive public input, and
2. Consider approval of the Proposed 2010 LaPorte Redistricting Plan and Ordinance.
Approved for City Council Agenda
Ron Bottoms, City Manager
Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Xgenda Date Requested: October 10, 2011
Requested By: Tim Tietjens
Department: Planning
Report: Resolution: Ordinance X
Exhibit: Public Hearing Notice
Exhibit: 2010 Proposed LaPorte Redistricting Plan Map
Exhibit: 2010 La Porte Redistricting Ordinance
Budget
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
City Council conducted a workshop on September 12, 2011 to review the Draft 2010 La Porte
Redistricting Plan as recommended by the 2010 La Porte Redistricting Committee. Based upon
direction received from City Council, the plan is formally presented for consideration of
approval to enable the subsequent submittal to the U. S. Department of Justice for required pre-
clearance. As part of the approval process, a public hearing is being conducted as well.
Attached is the Proposed 2010 La Porte Redistricting Plan map in final form showing each
proposed district and the demographic representation of population within each proposed district.
The map also includes in the adjacent districts, the territory north of S. H. 225 within city limits
as discussed September 12th. The associated Ordinance describes the districts by metes and
bounds within the body of the document.
Action Required by Council:
1. Conduct public hearing to receive public input, and
2. Consider approval of the Proposed 2010 LaPorte Redistricting Plan and Ordinance.
Approved for City Council Agenda
Ron Bottoms, City Manager
Date
CITY �F LA 1' QRT1
TICE OF PUBLIC F -A;
Notce is t give, that the La Ram- it C;auncA wfll
dU
S , ht 0-
cored t uc a pLi� a
hewing t 6m P.M. on the lot
of to r,, 2011, tine Counbfl Chambors of adIll
804 West Faif m0nt Nrkway La Pwts, Tkas
Tt'te Puvf4se of ihs hewing is tcj receive ptjN- icy in t
on a Rachis%dric tin g P r by 1ho t -Pof
2010 P diSVICtifig. W, m-mille.'e.
Folki r the pttk hear ft-, Ifle Ofty C l wifi a
upon, tt putAic he-wing item, -and cordiuc othor matims
partaining tD lhe CounciL
zem wisfing ID address the ComcA pro or con
Owk th, o public hearing are re- quirAed 0 sip, in bobie tide
rn, 9-e "�, is oxmnadl
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Cj ITY, OF LA R T E : Pla trka Fpp r ly 4 Ofty S-- w t
ary
ORDINANCE NO.
AN ORDINANCE DETERMINING THE POPULATION OF THE CITY OF LA PORTE
AS ESTABLISHED BY THE 2010 U.S. CENSUS; FINDING THAT THE
DISTRIBUTION OF POPULATION AMONG THE VARIOUS COUNCIL DISTRICTS IS
MATERIALLY UNBALANCED; ESTABLISHING NEW DISTRICT BOUNDARIES FOR
THE RESIDENCE AND ELECTION OF DISTRICT COUNCILPERSONS;
CONFIRMING EXISTING POLLING PLACES; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; 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 has heretofore, on February
14, 2011, appointed a City Council Re- Districting Committee to recommend the
establishment of new single- member council district boundaries for the residence and
election of District Councilpersons, pursuant to the requirements of Section 2.01 of the
Home Rule Charter of the City of La Porte, which requires an investigation and
determination of the population of each of the Council Districts from which District
Councilpersons are to be elected, after each federal census. The City Council Re-
Districting Committee, after conferring at a series of public meetings, submitted its final
recommendations to the La Porte City Council on October 10, 2011, at which time a
duly advertised public hearing was held to receive and consider comments from the
general public. A copy of the public hearing notice is attached hereto as Exhibit "K,
incorporated by reference herein, and made a part hereof for all purposes.
Section 2. The City Council of the City of La Porte finds that the population of
the City of La Porte as of March 24, 2011, as determined by the 2010 Federal Census
was 33,800.
Section 3. The population and ethnic breakdown of each current Council District
is as shown on Exhibit "B" attached hereto, incorporated by reference herein and made
a part herein and made a part hereof for all purposes. The City Council of the City of La
Porte finds, determines and declares that the distribution among the various Council
Districts is materially unbalanced.
Section 4. The City Council of the City of La Porte hereby establishes new
district boundaries for the residence and election of District Councilpersons, effective
with the election of May 12, 2012, the boundaries of which are indicated on the map
attached hereto as Exhibit "C ", incorporated by reference herein, and made a part
hereof for all purposes, and additionally, defined by the legal descriptions on Exhibit "D"
attached hereto, incorporated by reference herein, and made a part hereof for all
purposes, and additionally,
Section 5. The City Council ratifies and confirms the existing polling places
for early voting and regular elections.
Section 6. 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 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 content and posting
thereof.
Section 7. This Ordinance shall be effective from the date of its passage and
approval, and it is so ordered.
PASSED AND APPROVED THIS THE 10th DAY OF OCTOBER, 2011.
CITY OF LA PORTE, TEXAS
R
Louis R. Rigby, Mayor
ATTEST:
Patrice Fogarty,
City Secretary
APPROVED:
By: 6 1 t&h
_
Clark T. Askins
Assistant City Attorney
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 10, 2011
Requested By: Tim Tietjens
Department: Planning
Report: X Resolution: Ordinance
Exhibits: Public Hearing Notice
Exhibits: Service Plan
Exhibits: Proposed Annexation Map
Budget
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
At the August 22, 2011 City Council meeting, Resolution 2011 -08 was passed authorizing the City to
conduct two Public Hearings as required for the Annexation of approximately 29 acres in the
Battleground Industrial District within the La Porte extra- territorial jurisdiction. City Council also
previously directed the Planning Department to prepare a service plan, which was presented on August 22
as well.
This item is the first of two consecutive public hearings scheduled for public input on October 10 and 24,
2011. Attached is a copy of the public notice as well as the service plan and associated map.
Action Required by Council:
Conduct the first of two public hearings and receive input.
Approved for City Council Agenda
Ron Bottoms, City Manager
Date
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 10, 2011
Requested By: Tim Tietjens
Department: Planning
Report: X Resolution: Ordinance
Exhibits: Public Hearing Notice
Exhibits: Service Plan
Exhibits: Proposed Annexation Map
Budget
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
At the August 22, 2011 City Council meeting, Resolution 2011 -08 was passed authorizing the City to
conduct two Public Hearings as required for the Annexation of approximately 29 acres in the
Battleground Industrial District within the La Porte extra- territorial jurisdiction. City Council also
previously directed the Planning Department to prepare a service plan, which was presented on August 22
as well.
This item is the first of two consecutive public hearings scheduled for public input on October 10 and 24,
2011. Attached is a copy of the public notice as well as the service plan and associated map.
Action Required by Council:
Conduct the first of two public hearings and receive input.
Approved for City Council Agenda
Ron Bottoms, City Manager
Date
IaClU111
NOTICE. E. F ANNEXATION
N EXATIO N
PUBLIC
The City of La Porte, Texas proposes to institute annexation proceedings to enlarge and
extend the bmndary limits of said city to include the following territory, to - wit:
„ `-ft� frtte yl , r tr'ai3 l rrd vwitu n a l t pettiQn� ef. C t1r of Ln Porte° ;
extraterritariai jurisdiction known as the Battleground Industrial District and
frorrtting western corporate limits of La Porte and eastbound lanes of State Highway
frontage road, and more particularly described as follows:
A tract of land located within that portion of the City of La Pbrte's extra - territorial
jurisdiction known as the Battleground Industrial District; said tract 00"taining
appro fimately 28.65 acres and being more particularly described as foiiows;
Beginning at the svutltwest corner of the Exel Logistics Distribution Corporafion
tract identified by Harris County Aippraisal District parcel number 064.223- 000 - 0021.
said point being on the north right -of -way line of State Highway 225;
THENCE proceeding in a northwesterly direction along: the north right -of -ways of
State Highway 225 to a point located at the southwest corner of a tract of a tract
owned by Ted Booker being identified by Harris County Appraisal District parcel
number 04114 -099. 000 -0023, said point being on the north right -of -way line of State
Highway 225;
THENCE proceeding in a northerly direction along the west fine of the Teed 'Rooher
tract identified by Harris County Appraisal District pa;rcrrl number 044.099- 000 -0023
to a point at the northwest carnet of the Harris County Appraisal District parcel
number 044- 099 -fW -0023;
THENCE proceeding in an easterly direction along the north: line of the Ted Booker
tract identified by Harris County Appraisal District parcel number 044 -09 000 = 0023,
bo a point at the northeast corner of Harris County Appraisal District parcel number
044- M- M -OD23;
THENCE proceeding in a northerly direction along the west line of the Ted Baoher
tract identified by Harris County Appraisal district parcel numbers 023 - 145.000. 01623-
and 023 - 145 -000 -9635 tor the northwest corner of the Ted Booker tract identified by
Harris County Appraisal district parcel number 023 - 145- 00"35;
THENCE proceeding in a northerly direction to the northwest corner of the Southern
Paerfic Railroad Company trait identified by Harris County Appraisal District parcel
number 023- 145.ODD- 011.1;
THENCE proceedings in an easterly direction: along the north boundary of the
Southern Pacific Railroad Company tract identified by Harris County Appraisal
District parcel number 023 -145- 000 -0641 continuing east to the northeast corner
of the l en:terpoint Energy, tract identified by Harris County Appraisai District parcel
number 1323-145-ODD-
THENCE proceeding in a southerly, directly along the east boundary of the
Centerpoint Energy tracts identified by Harris County Appraisal District :parcel
numbers 023 -145- 040.0625 and 023 -145- 000.0624 to the southeast corner of the
C" rpoint Energy tract identified by Harris County Appraisal District parcel number
023- 145- M -01324, said point being print of Beginning of the herein - described tract .
containing approximately 28.66 acres.
Notice is hereby given that on the 1 Oth day of October, 2011, at 6:00 p.m. at #ate La Porte
City Phil Council Chambers, located at 604 West Fairmont Parkway, La Porte, Texas, the La
Porte City Council will hold a public hearing giving all interested persons the right to appear
and be heard on the proposed annexation.
By order of the City Council of the City of La Porte, Texas on the 22nd day of August, 2011
by pasmage of Resolution #2011 -06,
Citizens wishing to address the Council pro or can daring the public hearing are required
to sign in before the meeting is convened.
CiTY OF LA PORTE: Patrice Fogarty, City Secretary
SERVICE PLAN
FOR PROPOSED ANNEXATION OF FIVE TRACTS OF LAND
COMPRISING APPROXIMATELY 28.65 ACRES
WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT
L INTRODUCTION
This service plan ( "Plan ") is made by the City of LaPorte, Texas ( "City ")
pursuant to Section 43.056, of the Texas Local Government Code ( "Code "). This
Plan relates to the annexation by the City of five tracts of land ( "Tracts ") within a
portion of the the Battleground Industrial District (Re: Exhibit "B "). These tracts
are described by metes and bounds in Exhibit "A" attached to this Plan and to the
annexation ordinance of which this Plan is a part.
IL TERM, EFFECTIVE DATE
This plan shall be in effect for a term of ten years commencing on the effective
date of the annexation of the Tract. Renewal of this Plan shall be at the discretion
of the City. Such option may be exercised by the adoption of an ordinance by the
City Council which refers to this Plan and specifically renews this Plan for a
specified period of time.
III. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (i) the Early Action
Program and (ii) a Capital Improvement Program, both described below.
B. Scope and Quality of Services. Services under this Plan shall equal or exceed
the number and level of services both in existence in the Tracts prior to the
annexation and are available in other areas of the City with land uses and
population densities similar to those reasonably projected in the newly
annexed Tracts. It is not the intent of this Plan to provide a uniform level of
services to all areas of the City (including the Tracts) where differing
characteristics of topography, land utilization and population density are
considered as sufficient basis for providing differing levels of service.
C. Definitions.
1. As used in this Plan, providing services includes services funded in
whole or in part by City taxation and provided by the City within its
full- purpose boundaries. The City provision of services may be by any
means or methods by which it extends the services to any other area of
the City. This may include causing or allowing private utilities,
governmental entities and other public service organizations to provide
such services, in whole or in part.
2. As used in this Plan, the phrase "standard policies and procedures"
means those policies and procedures of the City applicable to a
particular service which are in effect at the time that the service is
requested or at the time the service is made available or provided and
are in accordance with or related to provisions in Title 12, Chapter 395
of the Code.
D. Early Action Program.
1. Statutory Services. The statutory services will be provided to the
Tracts upon the effective date of this Plan, unless otherwise indicated.
The statutory services are as follows:
a. Police Protection. The Police Department of the City will
provide protection and law enforcement to the Tracts.
These activities will include normal patrols and responses,
the handling of complaints and incident reports, and other
usual and customary police services.
b. Fire Protection. The Fire Department of the City will
provide fire protection to the Tracts.
C. Solid Waste Collection. Residential collection services will
be provided by City forces. Non - residential non - hazardous
service will be provided by City contract service provider.
Future residential and non - residential non - hazardous
collection services will be provided in accordance with
standard policies and procedures. Non - residential non-
hazardous will be the responsibility of the property owner
in accordance with State and Federal guidelines.
d. Oberation and Maintenance of Water and Wastewater
Facilities. There are no existing City water and wastewater
facilities located in the area proposed for annexation. Any
extensions of utilities as addressed in the Capital
Improvements Program, below, will be provided normal
maintenance services.
e. Maintenance of Public Roads and Streets including
Lighting. The Department of Public Works of the City will
provide maintenance of roads and streets over which the
City will have jurisdiction. Those roads and streets under
jurisdiction of other governmental entities will be
maintained by those entities. The City will provide
services relating to traffic control for roads and streets over
which it has jurisdiction. Maintenance of Public Roads and
2
streets under the jurisdiction of other governmental entities
will be provided by the respective governmental entity.
Existing street lighting for public roads and streets will be
maintained through the services of CenterPoint Energy.
New street lighting for public roads and streets will be
constructed by CenterPoint Energy upon authorization from
the City.
f Maintenance of Parks, Playgrounds and Swimming Pools.
There are no existing Public Park facilities to be
maintained. Should any such facilities be constructed in
the Tracts in accordance with the Capital Improvements
Program below, the City will provide maintenance services.
g. Maintenance of Any Other Publicly —owned Facility,
Building or Service. There are no other publicly -owned
facilities, buildings or services in the Tract. Should any
such facilities, buildings or services be constructed or
located by the City in the Tract, an appropriate City
department will provide the necessary maintenance
services.
2. Additional Services. Certain services, in addition to the statutory
services, will be provided within the Tract to the same extent they are
provided to similar areas elsewhere in the City. These are as follows:
a. Library services from existing facilities and future facilities
outside the Tract.
b. Health services will continue to be provided by Harris
County.
C. Emergency and ambulance services by the City's
Emergency Medical Services division, in accordance with
standard policies and procedures.
d. Enforcement of all City codes and ordinances.
E. Capital Improvements Program. The City will initiate the construction or
acquisition of capital improvements deemed necessary for providing
municipal services for the Tract. Those improvements which are necessary
are indicated below, and any necessary construction shall begin within two
and one -half (2 -1/2) years of the effective date of this Plan, except as
otherwise indicated.
1. Police Protection. Police protection for the Tracts can be provided
using existing facilities. While no improvements are necessary at this
time, the Tracts will be included with other territory in connection with
planning for new, revised or expanded police protection.
2. Fire Protection. Fire protection for the Tract can be provided by using
existing facilities and equipment. While no improvements are
necessary at this time, the Tract will be included with other territory in
connection with planning for new, revised or expanded fire protection.
3. Solid Waste Collection. No capital improvements are necessary at this
time to provide solid waste collection to the Tract as described in the
Early Action Program. The Tract will, however, be included with
other territory in planning for new, revised or expanded solid waste
collection service facilities.
4. Water and Wastewater Facilities. Currently there are no water or
wastewater facilities in the area proposed for annexation of which the
City will assume control following annexation. The City proposes the
following means to provide improvements deemed necessary for water
and wastewater services:
a. Domestic water and wastewater service. Currently
domestic water and wastewater are self - provided by the
individual property owners either through wells or by
purchasing water from adjoining property owners. The City
has a twelve inch (12 ") waterline within the north right of
way of S. H. 225 approximately one hundred twenty feet
(120') east of the tract. Upon application request by owners
of the annexed area, the City will allow the extension of
water and /or sanitary sewer lines for domestic services in
accordance with standard utility extension policies and
procedures as referenced in Chapter 74, Utilities, Article
III, Division 4, of the La Porte Code of Ordinances within
two (2) years. These policies and procedures include the
imposition of utility extension fees in accordance with
Section 395.019 of the Local Government Code. Should a
property owner elect to construct the improvements sooner
than the schedule established in this Plan, the owner may
construct or finance the improvements and the costs
incurred or funds advanced will be credited against the
utility extension fees due from that property owner. As
utility extension fees are collected from other property
owners, these fees may be refunded to the property owner
who constructed or funded the construction of those capital
improvements per City policy guidelines.
4
b. Industrial Process Water. Currently process water is
provided by on -site wells, water purchased from other
property owners or from non - potable water purchased from
the Coastal Industrial Water Authority (CIWA). As the
City does not provide dedicated industrial process water
services within its corporate boundaries, it does not propose
to acquire or construct capital improvements for the
provision of industrial process water services to the area
proposed for annexation.
C. Industrial Process Wastewater. Currently wastewater
service to the Tracts is provided by individual treatment
facilities, treatment by adjoining property owners or by
other private entities. As the City does not provide
dedicated industrial process wastewater services within its
corporate boundaries, it does not propose to acquire or
construct capital improvements for the provision of
industrial process wastewater services to the area proposed
for annexation. However, the discharge of wastewater
resulting from industrial uses is subject to permitting
requirements under the City's Industrial Waste Ordinance,
Chapter 74 of the La Porte Code of Ordinances.
5. Roads and Streets includin4 Lighting. In general, the City maintains
no dominion, control, and jurisdiction in, over and under public roads
and streets serving the Tracts for annexation. Pursuant to Art. 1175,
V.A.T.S., and similar provisions, maintenance of existing frontage
roads and streets serving the tracts is subject to the jurisdiction of other
governmental entities. Additional roads, streets or related facilities are
not necessary at this time to serve the Tracts. Future extensions of
roads or streets and future installation of related facilities such as
traffic control devices or street lights will be governed by standard
policies and procedures. The Tracts will be included with other
territory in connection with planning for new, revised, widened or
enlarged roads, streets or related facilities.
6. Parks, Playgrounds and Swimming Pools. These services can be
provided by using existing facilities. While no additional capital
improvements are necessary at this time, the Tract will be included
with other territory in connection with planning for new, revised or
expanded parks, playgrounds or swimming pools.
7. Other Publicly Owned Facilities, Buildings or Services, Additional
Services. In general, other City functions and services, and the
additional services described above, can be provided to the Tract using
5
existing facilities. While no additional capital improvements are
necessary at this time, the Tract will be included with other territory in
connection with planning for new, revised or expanded services,
facilities and functions, including the additional services described
above.
IV. AMENDMENT, GOVERNING LAW
This Plan may not be amended or repealed except as provided by the Code or
other controlling law. Neither changes in the methods or means of implementing
any part of the service programs nor changes in the responsibilities of the various
departments of the City shall constitute amendments to this Plan, and the City
reserves the right to make such changes. This Plan is subject to, and shall be
interpreted in accordance with the Code, the Constitution and laws of the United
States of America and the State of Texas, and the orders, rules and regulations of
governmental bodies and officers having jurisdiction.
V. FORCE MAJEURE
Should a force majeure interrupt the services described herein, the City shall
resume services under this Plan within a reasonable time after the cessation of the
force majeure. "Fore majeure", for the purposes of this Plan, shall include, but
not be limited to, acts of God, acts of the public enemy, war, blockade,
insurrection, riots, epidemics, landslides, lighting, earthquakes, fires, storms,
floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of
government, explosions, collisions and any other inability of the City, whether
similar to those enumerated or otherwise, which is not in control of the City.
VI. ENTIRE PLAN
This document contains the entire and integrated service plan relating to the Tract
and supersedes all other negotiations, representations plans and agreements,
whether written or oral.
Plan produced July, 2011 by La Porte Planning Department
6
EXHIBIT "A"
A tract of land located within that portion of the City of La Porte's extra - territorial
jurisdiction known as the Battleground Industrial District; said tract containing
approximately 28.65 acres and being more particularly described as follows;
Beginning at the southwest corner of the Exel Logistics Distribution Corporation tract
identified by Harris County Appraisal District parcel number 064 - 223 - 000 -0021, said
point being on the north right -of -way line of State Highway 225;
THENCE proceeding in a northwesterly direction along the north right -of -way of State
Highway 225 to a point located at the southwest corner of a tract of a tract owned by Ted
Booher being identified by Harris County Appraisal District parcel number 044- 099 -000-
0023, said point being on the north right -of -way line of State Highway 225;
THENCE proceeding in a northerly direction along the west line of the Ted Booher tract
identified by Harris County Appraisal District parcel number 044 - 099 - 000 -0023 to a
point at the northwest corner of the Harris County Appraisal District parcel number 044-
099- 000 -0023;
THENCE proceeding in an easterly direction along the north line of the Ted Booher tract
identified by Harris County Appraisal District parcel number 044 - 099 - 000 -0023, to a
point at the northeast corner of Harris County Appraisal District parcel number 044 -099-
000 -0023;
THENCE proceeding in a northerly direction along the west line of the Ted Booher tract
identified by Harris County Appraisal District parcel numbers 023 - 145- 000 -0623 and
023 - 145- 000 -0635 to the northwest corner of the Ted Booher tract identified by Harris
County Appraisal District parcel number 023 - 145- 000 -0635;
THENCE proceeding in a northerly direction to the northwest corner of the Southern
Pacific Railroad Company tract identified by Harris County Appraisal District parcel
number 023 - 145- 000 -0641;
THENCE proceeding in an easterly direction along the north boundary of the Southern
Pacific Railroad Company tract identified by Harris County Appraisal District parcel
number 023 - 145- 000 -0641 continuing east to the northeast corner of the Centerpoint
Energy tract identified by Harris County Appraisal District parcel number 023- 145 -000-
0641;
THENCE proceeding in a southerly directly along the east boundary of the Centerpoint
Energy tracts identified by Harris County Appraisal District parcel numbers 023 -145-
000 -0625 and 023 - 145- 000 -0624 to the southeast corner of the Centerpoint Energy tract
identified by Harris County Appraisal District parcel number 023 - 145- 000 -0624, said
point being Point of Beginning of the herein - described tract containing approximately
28.65 acres.
7
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 10, 2011
Requested By Michael G. Dolbv, CPA
Department: Finance
Report: Resolution: Ordinance: X
Exhibits: 1998 Hotel Tax Ordinance
Exhibits: Proposed Hotel Tax Ordinance
Exhibits:
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted:
N/A
Amount Requested:
N/A
Budgeted Item: YES
NO
SUMMARY & RECOMMENDATION
The current hotel tax ordinance in place at the City of La Porte was adopted in 1983. Since that
time there have been changes to the code of ordinances, most recently in 1998 when the City
changed the hotel occupancy tax from 4% to 7 %. Therefore, staff has drafted proposed changes
to the previous ordinance. Some of the changes of the new ordinance are: (1) changes the
required reporting and payment from quarterly to monthly, enabling the city to more closely
monitor the collection of hotel taxes and the taxpayers can more efficiently monitor the cash
flow of taxes; (2) provides for registration of lodging providers; (3) incorporates new code
reference of Chapter 66 and includes new definitions, and (4) changes the penalty amount from
$200 to $500 for failure to collect tax, keep adequate records or filing a false return.
Action Required by Council:
Recommend that the Council adopt the revised hotel tax ordinance.
Approved for City Council Agenda
Ron Bottoms, City Manager
Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requeste October 10, 2011
Requested By: D. W ilmore
Department: Planning
Report: Resolution Ordinanc X
Exhibits: Ordinance
Exhibits:
Budget
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
In late July, staff was asked to research how other cities address donation collection bins.
Information was collected from the American Planning Association (APA) and nine (9) area
cities were polled. That data was provided to City Council at the September 12 meeting. Upon
conclusion of that discussion, staff was asked to develop regulations prohibiting the use of
donation collection bins within the City.
Since Chapter 34 (Environment) of the City's Codes of Ordinances deals with other public
nuisance issues such as weeds, debris, junked motor vehicles, etc., the new regulations are being
incorporated into that chapter rather than the zoning chapter. The attached ordinance declares
donation collection bins a public nuisance and provides the necessary enforcement tools for the
prohibition of the bins.
Please note that the effective date of the ordinance is shown as January 1, 2012. This delayed
implementation will allow staff an opportunity to notify the various donation collection bin
entities and request removal of said bins prior to or no later than the effective date of the
ordinance.
Action Required by Council:
Approve ordinance prohibiting donation collection bins within the City limits
Approved for City Council Agenda
Ron Bottoms, City Manager
Date
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT ", OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY ADDING NEW ARTICLE
VII "DONATION COLLECTION BINS "; PROVIDING A REPEALING CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, donation collection bins as defined herein below often overflow with dumped
clothing, furniture, appliances, rubbish and unsanitary items; and
WHEREAS, such overflow causes unsightly and unsanitary items to accumulate around the
donation collection bins, which provides a place of harborage for vermin and constitutes a
possible and probable medium of transmission of disease, and creates a potential fire hazard; and
WHEREAS, donation collection bins are often placed in walkways, drive aisles, parking areas,
landscape buffers, rights-of-way and utility easements without regard for setbacks and
regulations which would prohibit such intrusions; and
WHEREAS, such placement at times may obstruct or interfere with the view of a driver of a
motor vehicle or otherwise prevent a traveler on any street or driveway from obtaining a clear
view of approaching vehicles; and
WHEREAS, such obstruction causes unnecessary risk of injury, death and damages to persons
and property while within the City; and
WHEREAS, in order to protect the public health, safety and welfare, the City Council hereby
finds and declares donation collection bins to be a public nuisance, which must be abated and
removed within the corporate limits of the City; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1 : That Chapter 34, "Environment ", of the Code of Ordinances, LaPorte, Texas is
hereby amended by adding new Article VII, "Donation Collection Bins ", which shall hereafter
read as follows:
Ordinance No.
"Sec. 34.350. Definitions.
Page 2
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Director means the City's Director of Planning or his /her duly authorized representative.
Donation Collection Bin means any metal, plastic or wooden box, bin, container, trailer,
accessory structure, or similar facility located outside of an enclosed building or in a parking lot
or public place, provided by a person, organization, or collection center for the primary purpose
of receiving or storing donated items including household goods and clothing. (Exception: A
donation collection bin that is used exclusively for the collection of recyclable paper or plastic.)
Donation Collection Entity means any organization that collects or resells donated items.
Operator means any person or organization who owns, operates, or is otherwise in control of a
donation collection bin located in the City.
Recyclable paper or plastic means any paper or plastic that is able to be used again after
processing.
See. 34 -351. Authority to enforce article provisions.
(a) The City's Director of Planning, and/or his/her employees shall administer the
provisions of this article for the identification and removal of donation collection bins.
(b) To the extent authorized by law the City's Director of Planning and/or his/her
employees, or his authorized agent, or any peace officer, may enter upon private property for the
purposes specified in this article, including to examine donation collection bins, to obtain
information as to ownership, and to remove or cause the removal of said donation collection bins
declared to be a nuisance pursuant to this article.
(c) The municipal court of the City shall have authority to issue all orders necessary to
enforce this article.
2
Ordinance No. Page 3
Sec. 34 -352. Location or presence within City deemed a public nuisance; exceptions.
(a) The presence of donation collection bins on private or public property presents a
danger to motorists on adjacent roadways, promotes the accumulation of trash and refuse, tends
to reduce the value of private property, invites vandalism, is harmful to the economic welfare of
the city by producing urban blight which is adverse to the maintenance and continuing
development of the city, and is detrimental to the safety and welfare of the general public and is
therefore declared to be a public nuisance.
(b) It shall be unlawful and a violation for any person or organization to place, operate or
maintain or any person or organization to allow the placement of a donation collection bin on
property owned or leased by the person within the City.
(c) It is an exception to the application of this article that the donation collection bin or
bins are used exclusively for the collection of recyclable paper or plastic.
Sec. 34 -353. Removal of Donation collection bin.
The Director shall provide a 30 -day written notice in person, or by registered/certified and
regular mail to the last known address of the owner of the property, as recorded in the appraisal
records of the appraisal district in which the property is located. In addition, a 30 -day notice shall
also be given to the donation collection entity, if the name and address is conspicuously noted on
the bin. A notice shall also be posted on the donation collection bin. A notice which the United
States Postal Service returns as refused or unclaimed shall not affect the validity of the notice.
Such notice shall be sufficient if it generally describes the location of the bin, gives notice that
the bin is prohibited within the corporate limits of the city, advises the bin must be removed
within 30 -days after the date of such notice, and specifies that failure to timely remove the bin
will result in removal by the city and the assessment of a charge against the operator.
Sec. 34354. Costs.
If a donation collection bin is removed by the City, the operator will be charged the actual costs
of such removal plus an administrative charge of $100.00 per donation collection bin location.
Sec. 34 -355. Penalties.
This section shall be operative within the city limits of the city and in addition to any costs
assessed for removal of bins, any person who violates any provisions of this section, upon
conviction in the City's municipal court, shall be subject to a fine not to exceed $500. Each and
every day such violation continues shall constitute a separate offense. Neither allegation nor
evidence of a culpable mental state is required for the proof of an offense defined in this article.
Ordinance No.
Sees. 34- 356 --- 34.380. Reserved."
Page 4
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: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 4 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall
be punished by a fine not to exceed FIVE HUNDRED DOLLARS ($500.00).
Section 5. 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 is 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 Chapter 551, Tx. Gov't 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 6 . This Ordinance shall be effective January 01, 2012. The City Secretary shall give
notice of the passage of this ordinance by causing the caption hereof to be published in the
official newspaper of the City of La Porte at least once within ten (10) days after passage of this
ordinance.
PASSED AND APPROVED this the day of , 2011.
14 l!I�AalWN.11'I4
IC
Louis R. Rigby, Mayor
4
Ordinance No,
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
Page 5
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 10, 2011
Requested By Michael G. Dolbv, CPA
Department: Finance
Report: Resolution: Ordinance: X
Exhibits: 1998 Hotel Tax Ordinance
Exhibits: Proposed Hotel Tax Ordinance
Exhibits:
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted:
N/A
Amount Requested:
N/A
Budgeted Item: YES
NO
SUMMARY & RECOMMENDATION
The current hotel tax ordinance in place at the City of La Porte was adopted in 1983. Since that
time there have been changes to the code of ordinances, most recently in 1998 when the City
changed the hotel occupancy tax from 4% to 7 %. Therefore, staff has drafted proposed changes
to the previous ordinance. Some of the changes of the new ordinance are: (1) changes the
required reporting and payment from quarterly to monthly, enabling the city to more closely
monitor the collection of hotel taxes and the taxpayers can more efficiently monitor the cash
flow of taxes; (2) provides for registration of lodging providers; (3) incorporates new code
reference of Chapter 66 and includes new definitions, and (4) changes the penalty amount from
$200 to $500 for failure to collect tax, keep adequate records or filing a false return.
Action Required by Council:
Recommend that the Council adopt the revised hotel tax ordinance.
Approved for City Council Agenda
Ron Bottoms, City Manager
Date
ORDINANCE NO. 98-2220 0 W �' i N A L
AN ORDINANCE AMENDING SECTION 66 -123 OF THE CODE OF ORDINANCES OF THE CITY
OF LA PORTE, A SECTION ENTITLED "HOTEL OCCUPANCY TAX "; CONTAINING A REPEALING
CLAUSE; CONTAINING A SEVERABILITY 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. Section 66 -123 of the Code of Ordinances is hereby amended, to hereafter read as
follows, to -wit:
There is hereby levied a tax upon the cost of occupancy of any room or space furnished by
any hotel where such costs of occupancy is at the rate of two dollars ($2.00) or more per
day, such tax to be equal to seven percent (7 %) of consideration paid by the occupant of
such rooms to such hotel.
Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase,
or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the
remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council
to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact
that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid.
Section 4. 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.
Section 5 . This Ordinance shall be in effect and in force on April 1, 1998.
PASSED AND APPROVED this the 9th day of February, 1998.
A T:
S
a
City ecre ary
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE IV "HOTEL OCCUPANCY TAX" OF
CHAPTER 66 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE,
REGARDING COLLECTION OF HOTEL AND MOTEL OCCUPANCY TAX;
CONTAINING A REPEALING CLAUSE, CONTAINING A SEVERABILITY
CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETING LAW;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND
UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE
HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Chapter 66 "Taxation ", Article IV. "Hotel Occupancy* Tax" of the Code of Ordinances is
hereby* repealed in its entirety* and shall hereafter read as follows, to wit:
"Sec.66 -121. - Definitions
The following words, terms and phrases shall, for the purposes of this ordinance and except where the
context clearly* indicates a different meaning, be defined as follows:
City. The City* of La Porte, wherein the city* government is empowered to impose this tax by Chapter 351
of the Texas Tax Code.
Finance Director. The duly* appointed Finance Director of the city* or his designee.
Due date. The last day* after the close of the monthly* period for which the tax is to be computed.
Folio. Primaiv documentation produced by a hotel that demonstrates interaction between the lodging
provider and the occupant, and which, at a minimum, reflects the name and address given by the occupant, the
date(s) of occupancy*, and the amount of rent charged for each date together with the amounts of applicable tax,
and the means of payment.
Guest. Any person who, for a consideration, uses, possesses, or has the right to use or possess any guest
room in a hotel under any* lease, concession, permit, right of access, license, contract, or agreement.
Guest room. A room in a hotel occupied, or intended, arranged, or designed for sleeping, and rented for
more than two dollars ($2.00) per day*.
Hotel. Anv structure or any portion of a structure, including any hotel, motel, inn, tourist house, tourist
court, lodging house, rooming house, or bed and breakfast, containing guest rooms and which is occupied, or is
intended or designed for occupancy, by paying guests, whether rent is paid in money, goods, labor, or otheixvise.
The meaning does not include any hospital, sanitarium, nursing home, or the dormitoiv facilities at an institution
of higher education.
Lodging Provider. Any person operating a hotel in the city, including, but not limited to, the owner or
proprietor of such premises, lessee, sublessee, lender in possession, licensee or any other person operating such
hotel and who is subject to collecting and remitting the tax imposed upon guests.
Monthly period. The calendar months of any year.
Occupancy. The use or possession, or the right to the use or possession of any guest room in a hotel.
Permanent resident. Any guest who, as of a given date, has or shall have occupied or has or shall have
established the right of occupancy to any guest room in a hotel for more than thirty (30) continuous days.
Person. Any individual, firm, partnership, joint adventure, association, social club, fraternal organization,
joint stock company, corporation, cooperative, estate, trust, receiver, trustee, syndicate, or any other group or
combination acting as a unit, the plural as well as the singular number.
Rent. The consideration charged for the occupancy of a guest room, valued in money, whether received in
money or otheitivise, including all receipts, cash, credits, and property or services of any kind or nature, and also
the amount for which credit is allowed by the lodging provider to the guest, without any deduction there from
whatsoever.
Code.
Tax. The tax on occupants imposed by this ordinance, as provided for by Chapter 351 of the Texas Tax
Sec. 66 -122. - Levy of Tax.
There shall be paid by the guest for eveiv occupancy of a guest room in the city a tax at the rate of seven
percent (7 %) of the amount of rent unless an exception is provided under section 66 -124 of this article.
Sec. 66 -123. - Collection of tax by lodging provider.
(a) EveiN- lodging provider who collects the tax required by this article shall provide a receipt to each
guest, which receipt shall reflect both the amount of rent and the amounts of this and other tax
applicable. This tax shall be due from the guest, and shall be collected by the lodging provider at the
same time that the rent is collected. The lodging provider shall be liable to the city for the full amount
received or collected as tax, whether collected appropriately or inappropriately; and for any amount of
tax that should have been collected, but was not.
(b) Any person who receives or collects the tax or any consideration represented to be the tax from
another person holds the amount so collected in trust for the benefit of the city and is liable to the city
for the full amount collected, plus penalty.
(c) An individual who controls or supervises the collection of the tax from another person, or an
individual who controls the accounting for or remittance of the tax, and who willfully fails to remit or
cause to be remitted the tax is liable as a responsible individual for an amount equal to the tax not
remitted or caused to be remitted, plus penalty. The dissolution of a corporation, partnership or other
business or fraternal association does not affect a responsible individual's liability under this
sub - section. Furthermore, the liability imposed by this sub - section shall be in addition to any other
penalty provided by law.
Sec. 66 -124. — Exceptions to payment of tax.
(a) No tax shall be collected from a guest after becoming a permanent resident. A guest becomes a
permanent resident either after thirty O continuous days' occupancy, or upon noti�Ting the lodging
provider in writing of his intention to occupy a guest room for longer than thirty (30) continuous days
and then proceeding to actually occupy the guest room for such period. A guest who would express
intent, but fails to stay thirty (30) continuous days, is not a permanent resident and is not excepted
from the tax. However, a guest who expresses intent and does stay is excepted from the tax as of the
date he notified the lodging provider of his intention.
(b) No tax shall be collected from the federal government nor an officer or employee of said government
when traveling on government business and presenting official identification. The American Red
Cross, federally chartered credit unions and the regional home loan banks are recognized as
instrumentalities of the federal government.
(c) No tax shall be collected from the following Texas quasi - governmental entities formed under the
Texas Local Government, and Health and Safety Codes, nor an officer or employee of any thereof
when presenting a Hotel Occupancy Tax Exemption Certificate: public facility corporations, housing
authorities, housing finance corporations, and health facilities development corporations.
(d) No tax shall be collected from electric cooperatives formed under Chapter 161 of the Texas Utilities
Code, nor telephone cooperatives formed under Chapter 162, nor an officer or employee of either
thereof when presenting a Hotel Occupancy Tax Exemption Certificate.
(e) No tax shall be collected from a State of Texas officer or employee when presenting a photo
identification card or other documentation that indicates that the bearer is exempt from paying hotel
occupancy tax.
(f) No tax shall be collected from a foreign sovereign when presenting a tax exemption card issued by
the United States Department of State.
Sec. 66 -125. - Registration of lodging provider, form and contents, execution, certificate of
authority.
Eveiv person engaging or about to engage in business as a lodging provider in the city shall immediately
register with the finance director on a form provided by said official. Persons engaged in such business must so
register not later than thirty (30) days after the date that this ordinance becomes effective. Such registration shall
set forth the name under which such person transacts business or intends to transact business; the location of his
place(s) of business and such other information which would facilitate the administration of the tax as prescribed
by the finance director. The registration shall be signed by the owner if a natural person in case of ownership by
an association or partnership, by a member or partnering case of ownership by a corporation, by an officer. The
finance director shall, after such registration, issue without charge a certificate of authority to each lodging
provider to collect the tax from the occupant. A separate registration shall be required for each place of business
of a lodging provider. Each certificate shall state the name and location of the business to which it is applicable.
Sec. 66 -126. - Remittance generally.
(a) Due date of taxes.
All amounts of such tax shall be due and payable to the finance director monthly on or before the
twentieth day (20 "') day of the month next succeeding the respective monthly period. The tax shall
become delinquent for any monthly period after the twentieth day of the succeeding month m which it
remains unpaid.
(b) Penalty for failure to pay tax by due date.
A lodging provider who fails to make any return or to pay the amount of tax as prescribed, shall be
assessed a specific penalty to be added to the tax in the amount of fifteen percent (15 %).
(c) Acceptance of delinquent return and remittance without imposing penalty, authority, requirements.
If the failure to make any return or to pay the amount of tax by the due date results from providential
cause shown to the satisfaction of the governing authority of the city by affidavit attached to the
return, and remittance is made within ten (10) days of the due date, such return may be accepted
exclusive of penalty.
(d) Waiving of penalty.
Only the governing authority of the city may waive the penalty prescribed.
(e) Return, remittance, time of filing, lodging providers required to file, contents.
On or before twentieth day of the month succeeding each monthly period, a return for the preceding
monthly period together with appropriate remittance shall be filed with the finance director. The
return shall report the gross rent, taxable rent, and non - taxable rent earned, the amount of tax
collected or othei due for the period and such other information as may be required by the
finance director.
(f) Extension of time of filing, authority, requirements, remittance, penalty.
The governing authority of the city may, for good cause, extend the time for making returns for not
longer than thiit5r (30) days. No extension shall be valid unless granted in writing upon written
application of the lodging provider. A lodging provider granted an extension shall remit tax equaling
not less than one hundred percent (100 %) of the tax paid for the corresponding period of the prior
fiscal Near, such remittance to be made on or before the date the tax would otheitivise come due
without the grant of extension. No penalty shall be charged during the extension period.
(g) Collection fee allowed lodging providers.
Lodging providers collecting the tax shall be allowed a percentage of the tax due and accounted for
and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount
due, if the amount is not delinquent at the time of payment. The rate of the deduction shall be one
percent (1 %) of the amount due, but only if the amount due was not delinquent at the time of payment.
Sec. 66 -127. - Deficiency determinations.
(a) Recomputation of tax, authority to make, basis of recomputation.
If the finance director is not satisfied with the return or returns of the tax or the amount of the tax
required to be paid to the city by any lodging provider, he may compute and determine the amount
required to be paid upon the basis of any information within his possession or that may come into his
possession. One (1) or more deficiency determinations may be made of the amount due for one (1) or
more monthly periods.
(b) Penalty.
Penalty shall be assessed upon the amount of any determination, as provided by Section 66 -126 of
this article.
(c) Notice of determination, service of
The finance director shall give to the lodging provider written notice of his determination. The notice
may be served personally or by mail if by mail, such service shall be addressed to the lodging
provider at his address as it appears in the records of the city. Service by mail is complete when
delivered by certified mail with a receipt signed by the addressee, or when made by statutoiv
overnight deliver*.
(d) Time within which notice of deficiency determination to be mailed.
Except in cases of failure to make a return or of fraud, ever* notice of deficiency determination shall
be mailed within four (4) years after the last day of the calendar month following the monthly period
for which the amount is proposed to be determined, or within four (4) years after the return is filed,
whichever period should last expire.
(e) Appeal or protest of deficiency determination.
Within ten (10) days of being served a notice of deficiency determination, the lodging provider may
contest such in writing addressed to the finance director. The lodging provider shall include such
documents as he believes may present grounds for abatement of the determination. The finance
director shall give written notice of his decision to the lodging provider in the same manner as
provided in Section 7(c). The decision of the finance director shall be deemed final unless an appeal
is made in writing to the governing authority within ten (10) days of the lodging provider having been
served with the finance director's decision. The governing authority shall approve or disapprove the
appeal, and notifi- the appellant of its decision.
Sec. 66 -128. Determination if no return made.
(a) Estimate of gross receipts.
If any lodging provider fails to make a return, the finance director shall make an estimate of the
amount of the gross receipts of the lodging provider, or as the case may be, of the amount of total
rentals in the city which are subject to the tax. The estimate shall be made for the period or periods in
respect to which the lodging provider failed to make the return, and shall be based upon the returns
filed for the State Hotel Occupancy Tax for such periods or, in their absence, from returns made to
the city for the preceding calendar Near. This estimate shall be considered "prima facie" correct.
Written notice shall be given in the manner prescribed in Section 66- 127(c), and the lodging provider
shall enjoy the same rights of protest as prescribed in Section 66- 127(e).
(b) Penalty.
Penalty shall be assessed upon the amount of any determination, as provided by Section 66 -126 of
this article.
Section 66 -129. Collection of tax by city.
(a) Action for delinquent tax, time for.
At any time within four (4) years after any tax or any amount of tax required to be collected becomes
due and payable, and at any time within four (4) years after the delinquency of any tax or any amount
of tax required to be collected, the governing authority may bring an action in a court of competent
jurisdiction in the name of the city to collect the amount delinquent together with penalty, court fees,
filing fees, attorney's fees and other legal fees incident thereto. The governing authority may also seek
to have the lodging provider enjoined from operating the hotel until such time as the delinquency is
paid, as well as to require forfeiture of any applicable collection fee retained by the lodging provider.
(b) Lodging provider selling or quitting business.
If any lodging provider liable for any amount under this ordinance sells out his business or quits his
business, he shall make a final return and remittance within fifteen (15) days after the date of selling
or quitting the business.
(c) Duty of successors or assignees of lodging provider to withhold tax from purchase money.
If any lodging provider liable for any amount of tax interest or penalty under this ordinance sells out
his business or quits the business, his successors or assignee shall withhold sufficiently from the
purchase price to cover such amount until the former owner produces from the finance director either
a receipt reflecting full payment or a certificate stating that no amount is due.
(d) Liability for failure to withhold.
If the purchaser of a business fails to withhold from the purchase price as required, he shall be
personally liable for the payment of the amount required to be withheld by him to the extent of the
purchase price.
(e) Credit for tax or penalty paid more than once or erroneously or illegally collected.
Whenever the amount of any tax or penalty has been paid more than once, or has been erroneously or
illegally collected or received by the city, it may be refunded by the governing authority. If the
lodging provider or person determines that he has overpaid or paid more than once, which fact has not
been determined by the finance director, such person shall have four (4) years from the date of
payment to file a claim in writing stating the specific ground upon which the claim is founded. The
claimant may request a hearing before the governing authority at which the claim and any other
information available will be considered. The governing authority shall approve or disapprove the
claim, and notifi- the claimant of its action.
Sec. 66 -130. - Administration of ordinance, recordkeeping.
(a) Authority* of finance director.
The finance director shall administer and enforce the provisions of this ordinance for the collection of
the tax.
(b) Records required from lodging providers, etc., form.
Eveiv lodging provider renting guest rooms in the city* shall preserve, for a minimum of four (4)
Nears, all folios, receipts, certificates of exemption and such other documents as the finance director
may prescribe, and in such form as he may require. Said records shall at all times be available for
examination within the city.
(c) Examination of records, audits.
The finance director or any* person authorized in writing by him may examine the books, papers,
records, financial reports, equipment and other facilities of any lodging provider renting guest rooms
and any lodging provider liable for the tax, in order to verifi- the accuracy* of any return made, or if no
return is made bN- the lodging provider, to ascertain and determine the amount required to be paid.
Such examination shall be conducted at the place of lodging provision, unless the finance director
shall authorize another place within the city*. In the event that the Tax has been delinquent for at least
(2) complete fiscal quarters, the reasonable cost of the examination may* be assessed against the
lodging provider.
(d) Authority* to require reports, contents.
In administration of the provisions of this ordinance, the finance director may* require the filing of
reports by any person or class of persons having in their possession or custody* information relating to
the rental of guest rooms which are subject to the tax. The reports shall be filed with the finance
director when required by said official, and shall set forth the rental charged for each occupancy*, the
date(s) of occupancy*, the basis for exemption, or such other information as the finance director may
prescribe.
Sec. 66 -131. - Penalties for violation of article.
(a) Any lodging provider who fails, neglects or refuses to collect the tax as provided by Section 3 shall be
deemed guilty* of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not
more than five hundred dollars ($500.00).
(b) Any lodging provider who fails or refuses to make any return as provided by Section 66 -126 of this
article, to keep adequate records or to open them for inspection by the city*, or to furnish other data
reasonably* requested by the governing authority* shall be deemed guilty* of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00)
(c) Any lodging provider who makes a false or fraudulent return with intent to evade the tax shall be
deemed guilty* of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not
more than five hundred dollars ($500.00).
(d) Neither allegation nor evidence of a culpable mental state is required for the proof of an offense
defined in this article. Each and eveiv day during any portion of which any violation is committed,
continued or permitted, shall constitute a separate offense and shall be punished accordingly."
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 bV this ordinance.
Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the
application to any person or circumstance for any reasons thereof ineffective or inapplicable, such
unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or
invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and
remain in full force and effect and to this end the provisions of this ordinance are declared to be severable.
Section 4 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the
ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to
exceed FIVE HUNDRED DOLLARS ($500.00).
Section 5. 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 is 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 Chapter 551, Tx.
Gov't 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 6 . This Ordinance and the tax levied hereby shall become effective on . The City
Secretaiv shall give notice of the passage of this ordinance by causing the caption hereof to be published in the
official newspaper of the City of La Porte at least once within ten (10) days after passage of this ordinance.
PASSED AND APPROVED, this day of
2011.
CITY OF LA PORTE
Louis R. Rigby, Mayor
ATTEST:
Patrice Fogarty, City Secretary
APPROVED:
Clark T. Askins, Assistant City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 10, 2011
Requested B` Kathv Powell
Department: Finance
Report: _Resolution: X Ordinance:
Exhibits: Resolution
Exhibits: Deed
Exhibits: Map
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: (YES) NO
SUMMARY & RECOMMENDATION
If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit
may sell the property at any time by public or private sale. The City of La Porte has had this
property on the public resale list for more than an adequate amount of time and has received a
bid for the minimum bid amount set by the judgment or higher.
P127 — Lots 1, 2 & 3Block 400 Town of La Porte — Offer $3,469.74
(Adjudged Value $2,300.00 Taxes + Cost $3,469.74)
Staff recommends the City Council to pass a resolution to approve the sale of this property for
the amount that has been offered.
Action Required by Council:
Consider approval of the Resolution authorizing the sale on the properties listed above.
Approved for City Council Agenda
Ron Bottoms, City Manager Date
RESOLUTION 11-
RESOLUTION AUTHORIZING THE RESALE OF CERTAIN PROPERTY
WHEREAS the City of La Porte (City), in the course of its function as a taxing entity in the State of
Texas, obtains title to real property in the capacity as Trustee for itself and other taxing units that tax the
property; and
WHEREAS it is necessary for various reasons that sonic of the property so obtained must be resold by
the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and
WHEREAS Section 34.05 of the Texas Property Tax Code requires that when real property is sold for
less than the aggregate amount of taxes, penalties, interest and costs, the sale must be approved by all
taxing units that tax the property; and
WHEREAS the City has adopted procedures designed to provide all parties the opportunity to submit
offers to purchase such real property and to secure the best offer for such property that is sufficient to pay
at least the costs of suit and sale of such property; and
WHEREAS it is desirable that resale of the property be free and clear of all claims of the taxing units, for
all taxes, penalties interest and costs that have accrued up to the date of resale
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
Section 1 . That the City of La Porte, as Trustee, resells the real properties described in the attached
Exhibit "A ", for the amounts set for on said Exhibit "A ", in full satisfaction of taxes, penalties, interest
and costs that have accrued on the property tip to the date of sale.
Section 2 . That 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 offices of City of La Porte 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 resolution and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council further
ratifics, approves and confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED this the 10th day of October 2011.
CITY OF LA PORTE, TEXAS
Louis R. Rigby, Mayor
ATTEST; APPROVED:
Patrice Fogarty, City Secretary C r Askins, City Attorney
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
(Language pursuant section 11.008 of the Texas Property Code)
THE STATE OF TEXAS §
§ TAX RESALE DEED
COUNTY OF HARRIS §
KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the
use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the STATE OF
TEXAS, COUNTY OF HARRIS AND ALL TAXING ENTITIES FOR WHICH IT COLLECTS
( "HARRIS COUNTY "), and the SAN JACINTO COMMUNITY COLLEGE DISTRICT, acting
by and through its duly elected officials ( "GRANTOR ") as authorized by Section 34.05, Texas
Property Tax Code, for and in consideration of the sum of TEN DOLLARS AND 00 /100
($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by
ENTERPRISE CRUDE PIPELINE, LLC ( "GRANTEE ") the receipt of which is hereby
acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey
and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE, THE
LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, and the SAN
JACINTO COMMUNITY COLLEGE DISTRICT in the property herein conveyed, acquired by
tax foreclosure sale heretofore held, in Cause No. 1999 - 24792, styled City of LaPorte, LaPorte
Independent School District, the San Jacinto Community College District, and Harris County vs.
John Austin Risher, et al, said property being described as:
LOTS 1, 2 & 3, BLOCK 400, OF THE TOWN OF LA PORTE, AN ADDITION IN
HARRIS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN A
ADMINISTRATOR'S DEED FILED IN THE REAL PROPERTY RECORDS OF
HARRIS COUNTY, TEXAS UNDER CLERK'S FILE #B 158696
(ACCOUNT NUMBER 024 - 046- 010 - 0001).
This conveyance is made and accepted subject to the following matters to the extent that
the same are in effect at this time: any and all rights of redemption, restrictions, covenants,
conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the
hereinabove described property, but only to the extent they are still in effect, shown of record in
the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances
of municipal and /or other governmental authorities, if any but only to the extent that they are still
in effect, relating to the hereinabove described property.
TO HAVE AND TO HOLD said premises, together with all and singular the rights,
privileges and appurtenances thereto in any manner belonging unto the said CITY OF LA
PORTE, its successors and assigns forever, so that neither the LA PORTE INDEPENDENT
SCHOOL DISTRICT, HARRIS COUNTY or the SAN JACINTO COMMUNITY COLLEGE
DISTRICT, or any person claiming under it or them shall at any time hereafter have, claim or
demand any right or title to the aforesaid premises or appurtenances, or any part thereof.
1
IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and
benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY,
and the SAN JACINTO COMMUNITY COLLEGE DISTRICT has caused these presents to be
executed this day of 2011.
CITY OF LA PORTE, TRUSTEE
LOUIS R. RIGBY, MAYOR
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared LOUIS R.
RIGBY, Mayor of the City of LaPorte, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed same for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2011.
NOTARY PUBLIC, in and for the
STATE OF TEXAS
My Commission Expires:
After Recording
Return To: Enterprise Crude Pipeline, LLC
Kyle L. Webster
PO Box 4324
Houston, TX 77210 -4324
2
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested October 10, 2011
Requested By: Julian Garza
Department: Planning
Report: X Resolution: _Ordinance:
Exhibit: Exhibit 1, Phasing
Exhibit: Exhibit 2A, 2B and 2C, Cost Estimates
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: _YES _NO
SUMMARY & RECOMMENDATION
On JuIv 11, 2011 Cobb, Fendlev & Associates, Inc. presented a report to determine the engineering,
planning, and construction cost associated with phased construction of concrete streets, curb and gutter,
and associated storm sewers in the area bound by Main Street, South Broadwav, Fairmont Parlcwav and
SH 146. Council asked for additional information and a proposal for the phasing and funding for the
project, which will be discussed this evening.
As part of the Hurricane Ilse Disaster Recover* Program, the City of La Porte applied for a Grant
currentIv valued at approximately $4,500.000.00, which could be used to fund Phases 1, 3, and 4 ( )
Street from Fairmont Parlcwav to Main Street) of the Concrete Street Program. The total estimated cost of
Phases 1, 3, and 4 is $4,142,000. Reconstruction of Third Street would provide an additional 36 foot
wide North/South Arterial within an 80 foot right -of -way capable of containing the storm sewer trunk
system for the area.
Third Street was identified as the prime candidate for the Storm Sewer Truck System due to the direct
outfall into the Third Street Right -of -Way Drainage Channel. Redirecting portions of the Drainage Area
to the Third Street Right -of -Way Drainage Channel reduces the drainage area in Phase Two and would
allow for completion of Third Street Reconstruction beriveen Fairmont Parlcwav and Main Street.
Action Required by Council:
Receive report and provide Staff with direction.
Approved for City Council Agenda
Ron Bottoms, City Manager Date
Client: City of LaPorte Project Name: Concrete Street Program Study Date: 7/7/2011
Cost Estimate 1 - Overall Construction, Engineering, Surveying, and Contingencies
an
CVV1 �4.11dl III
OVERALL PROJECT
Item Item Description Unit Quantity
No.
Unit Price
Extended Price
BASE BID ITEMS: For 639 STA of Roadway
GENERAL
1
Mobilization
LS
1
$ 1,278,000.00
$ 1,278,000.00
2
Traffic Control and Regulations
LS
1
$ 639,000.00
$ 639,000.00
3
Remove and Replace all si na e
LS
1
$ 223,650.00
$ 223,650.00
4
Clearing and Grubbing
LS
1
$ 191,700.00
$ 191,700.00
5
SWPPP Protection
LS
1
$ 127,800.00
$ 127,800.00
6
Sodding
SY
224,000
$ 3.50
$ 784,000.00
GENERAL ITEM SUBTOTAL
$ 3,244,150.00
PAVING
7
Roadway Excavation
STA
639
$ 1,800.00
$ 1,150,200.00
8
7" Reinforced Concrete Pavement, complete -in-
place
SY
84,000
$ 45.00
$ 3,780,000.00
9
6" Reinforced Concrete Pavement, complete -in-
place
SY
135,200
$ 35.00
$ 4,732,000.00
9
6" Lime Stabilized Subgrade
SY
249,000
$ 2.50
$ 622,500.00
10
6" Reinforced Concrete Curb
LF
127,800
$ 3.00
$ 383,400.00
11
Lime (8%)
TON
5,400
$ 160.00
$ 864,000.00
12
7" Reinforced Concrete Driveways
SY
10,000
$ 47.00
$ 470,000.00
13
6" Reinforced Concrete Driveways
SY
41,100
$ 37.00
$ 1,520,700.00
14
Adjust Existing Inlets, Manholes, and Valve
Boxes to Grade
LS
1
$ 95,850.00
$ 95,850.00
15
4" Concrete Sidewalk, complete -in -place
SF
544,000
$ 4.50
$ 2,448,000.00
16
Curb Ramps, complete-in-place
EA
340
$ 1,500.00
$ 510,000.00
17
5" Concrete Trail (8 or 10 ft wide, Complete -in-
Place
SF
95,000
$ 5.00
$ 475,000.00
18
Parking Off - Street, 6" Concrete Pavement, 6"
Curb, and 6" Sub-grade, complete-in-place
SY
13,000
$ 42.00
$ 546,000.00
PAVING ITEM SUBTOTAL
$ 17,597,650.00
DEMOLITION
19
Remove and Dispose of Pavement, Street,
Drives, and Sidewalk, All Thicknesses (02221)
SY
162,900
$ 4.00
$ 651,600.00
20
Remove and Dispose of Storm Sewer - pipe
size 15" and less
LF
3,200
$ 8.00
$ 25,600.00
21
Remove and Dispose of Storm Sewer - pipe
size 18"
LF
9,300
$ 10.00
$ 93,000.00
22
Remove and Dispose of Storm Sewer - pipe
size 24"
LF
15,600
$ 12.00
$ 187,200.00
23
Remove and Dispose of Storm Sewer - pipe
1 size 30 " -42"
1 LF
5,600
$ 14.00
$ 78,400.00
DEMOLITION ITEM SUBTOTAL
$ 1,035,800.00
STORM SEWER
23
Inlets and Manholes (Conc.) - All types and
depths
EA
980
$ 2,600.00
$ 2,548,000.00
23
12" Drain Basins
EA
960
$ 675.00
$ 648,000.00
24
8" PVC Storm Sewer
LF
35,200
$ 20.00
$ 704,000.00
25
24" Storm Sewer
LF
24,200
$ 55.00
$ 1,331,000.00
26
30" Storm Sewer
LF
4,400
$ 70.00
$ 308,000.00
27
36" Storm Sewer
LF
8,500
$ 80.00
$ 680,000.00
28
42" Storm Sewer
LF
1,800
$ 90.00
$ 162,000.00
29
48" Storm Sewer
LF
2,100
$ 100.00
$ 210,000.00
30
54" Storm Sewer
LF
600
$ 150.00
$ 90,000.00
31
60" Storm Sewer
LF
1,400
$ 210.00
$ 294,000.00
32
66" Storm Sewer
LF
100
$ 260.00
$ 26,000.00
33
72" Storm Sewer
LF
1,000
$ 300.00
$ 300,000.00
34
78" Storm Sewer
LF
100
$ 325.00
$ 32,500.00
35
84" Storm Sewer
LF
500
$ 425.00
$ 212,500.00
36
96" Storm Sewer
LF
1,000
$ 450.00
$ 450,000.00
37
108" Storm Sewer
LF
1,000
$ 475.00
$ 475,000.00
38
114" Storm Sewer
LF
700
$ 500.00
$ 350,000.00
39
Channel Improvements Downstream of 3rd
Street Outfall (Weir or culvert, and etc.)
LS
1
$ 250,000.00
$ 250,000.00
STORM SEWER ITEM SUBTOTAL
$ 9,071,000.00
MISC. UTILITY ITEM SUBTOTAL
40 General Utility Adjustments LS 1
$ 400,000.00
$ 400,000.00
MISC UTILITY ITEM SUBTOTAL
$ 400,000.00
$ 31,348,600.00
BASE BID ITEM SUBTOTAL
En ineerin , Surve in , and Contingencies
1
Surve in g
I LS
1
$ 515,000.001
$ 515,000.00
2
Engineering(Design and Construction including
Geo -tech)
I LS
1
$ 4,150,000.00
$ 4,150,000.00
3
1 Contingencies (20 %)
1 LS
1
$ 6,269,720.00
$ 6,269,720.00
Engineering, Surveying, and Contingency Item Subtotal
$ 10,934,720.00
ESTIMATED TOTAL COST
$ 42,283,320.00
D: \cfa\ 2010 \12056.la _porte_ concrete \ENG \HEATH \Cost Estimate_7- 5- 11.x1s 1 of 1
Client: City of LaPorte Project Name: Concrete Street Program Study Date: 7/7/201
Cost Estimate 2 - Overall Construction and Phases 1 -10
MEN / '�Ir
■ �.�J - ` 1 11 ff
OVERALL PROJECT
(Construction only)
PHASE 1
PHASE 2
PHASE 3
PHASE 4
Item Item Description Unit Quantity
N o.
Unit Price
Extended Price
Quantity
Extended Price
Quantity
Extended Price
Quantity
Extended Price
Quantity
Extended Price
BASE BID ITEMS: For 639 STA. of Roadway
Overall Project
GENERAL
1
Mobilization
LS
1
$ 1,27 8,00 0.0 0
$ 1 27 8,00 0.00
1
$ 200,000.00
1
$ 36,000.00
1
$ 38,000.00
1
$ 37,000.00
2
Traffic Control and Regulations
LS
1
$ 639,000.00
$ 639,000.00
1
$ 75,000.00
1
$ 18,000.00
1
$ 19,000.00
1
$ 18,500.00
3
Remove and Replace all signage
LS
1
$ 223,650.00
$ 223,650.00
1
$ 3,500.00
1
$ 6,300.00
1
$ 6,650.00
1
$ 6,475.00
4
Clearing and Grubbing
LS
1
$ 191,700.00
$ 191,700.00
1
$ 3,000.00
1
$ 5,400.00
1
$ 5,700.00
1
$ 5,550.00
5
SWPPP Protection
LS
1
$ 127,800.00
$ 127,800.00
1
$ 2,000.00
1
$ 3,600.00
1
$ 3,800.00
1
$ 3,700.00
6
Sodding
SY
224,000
$ 3.50
$ 784,000.00
3,500
$ 12,250.00
6,300
$ 22,050.00
6,650
$ 23,275.00
6,475
$ 22,662.50
GENERAL ITEM SUBTOTAL
$ 3,244,150.00
$ 295,750.00
$ 91,350.00
$ 96,425.00
$ 93,887.50
PAVING
7
Roadway Excavation
STA
639
$ 1,800.00
$ 1,15 0,20 0.00
10
$ 18,000.00
18
$ 32,400.00
19
$ 34,200.00
19
$ 33,300.00
8
Reinforced Concrete Pavement, complete -in-
place
7 l ace
SY
84,000
$ 45.00
$ 3,78 0,00 0.00
4,000
$ 180,000.00
7,200
$ 324,000.00
7,600
$ 342,000.00
7,400
$ 333,000.00
9
6" Reinforced Concrete Pavement, complete -in-
place
SY
135,200
$ 35.00
$ 4,73 2,00 0.00
2,000
$ 70,000.00
3,600
$ 126,000.00
3,800
$ 133,000.00
3,700
$ 129,500.00
9
6" Lime Stabilized Subgrade
SY
249,000
$ 2.50
$ 622,500.00
4,500
$ 11,250.00
8,100
$ 20,250.00
8,550
$ 21,375.00
8,325
$ 20,812.50
10
6" Reinforced Concrete Curb
LF
127,800
$ 3.00
$ 383,400.00
1,667
$ 5,000.00
3,000
$ 9,000.00
3,167
$ 9,500.00
3,083
$ 9,250.00
11
Lime (8%)
TON
5,400
$ 160.00
$ 864,000.00
100
$ 16,000.00
180
$ 28,800.00
190
$ 30,400.00
185
$ 29,600.00
12
7 " Reinforced Concrete Driveways
SY
10,000
$ 47.00
$ 470,000.00
160
$ 7,520.00
288
$ 13,536.00
304
$ 14,288.00
296
$ 13,912.00
13
6" Reinforced Concrete Driveways
SY
41,100
$ 37.00
$ 1,52 0,70 0.00
650
$ 24,050.00
1,170
$ 43,290.00
1,235
$ 45,695.00
1,203
$ 44,49270
14
Adjust Existing Inlets, Manholes, and Valve
Boxes to Grade
LS
1
$ 95,850.00
$ 95,850.00
1
$ 1,500.00
1
$ 2,700.00
1
$ 2,850.00
1
$ 2,775.00
15
4" Concrete Sidewalk, complete -in -place
SF
544,000
$ 4.50
$ 2,44 8,00 0.00
8,500
$ 38,250.00
15,300
$ 68,850.00
16,150
$ 72,675.00
15,725
$ 70,762.50
16
Curb Ramps, complete -in -place
EA
340
$ 1,500.00
$ 510,000.00
5
$ 7,500.00
9
$ 13,500.00
10
$ 14,250.00
9
$ 13,875.00
17
5" Concrete Trail (8 or 10 ft wide, Complete -in-
Place
SF
95,000
$ 5.00
$ 475,000.00
1,500
$ 63,000.00
2,700
$ 113,400.00
2,850
$ 119,700.00
2,775
$ 116,550.00
1 8
Parking rb, a Off - nd , Street, 6" Concrete Pavement, 6" Sub - grade, complete -in -place
Cu
I SY
13,000
$ 42.00
$ 546,000.00
200
$ 8,400.00
360
$ 15,120.00
380
$ 15,960.00
370
$ 15,540.00
PAVING ITEM SUBTOTAL
$ 17,597,650.00
$ 450,470.00
$ 810,846.00
$ 855,893.00
$ 833,369.50
DEMOLITION
19
Remove and Dispose of Pavement, Street,
Drives, and Sidewalk, All Thicknesses (02221)
SY
162,900
$ 4.00
$ 651,600.00
2,600
$ 10,400.00
4,680
$ 18,720.00
4,940
$ 19,760.00
4,810
$ 19,240.00
20
Remove and Dispose of Storm Sewer - pipe size
15" and less
LF
3,200
$ 8.00
$ 25,600.00
20
$ 160.00
20
$ 160.00
20
$ 160.00
20
$ 160.00
21
Remove and Dispose of Storm Sewer -pipe size
18"
LF
9,300
$ 10.00
$ 93,000.00
60
$ 600.00
60
$ 600.00
60
$ 600.00
60
$ 600.00
22
Remove and Dispose of Storm Sewer -pipe size
24"
LF
15,600
$ 12.00
$ 187,200.00
120
$ 1,440.00
120
$ 1,440.00
120
$ 1,440.00
120
$ 1,440.00
23
Remove and Dispose of Storm Sewer - pipe size
30 " -42"
LF
5,600
$ 14.00
$ 78,400.00
40
$ 560.00
40
$ 560.00
40
$ 560.00
40
$ 560.00
DEMOLITION ITEM SUBTOTAL
$ 1,035,800.00
$ 13,160.00
$ 21,480.00
$ 22,520.00
$ 22,000.00
STORM SEWER
23
Inlets and Manholes (Cone.) - All types and
depths
EA
980
$ 2,600.00
$ 2,548,000.00
20
$ 52,000.00
36
$ 93,600.00
38
$ 98,800.00
37
$ 96,200.00
23
12" Drain Basins
EA
960
$ 675.00
$ 648,000.00
20
$ 13,500.00
36
$ 24,300.00
38
$ 25,650.00
37
$ 24,975.00
24
8" PVC Storm Sewer
LF
35,200
$ 20.00
$ 704,000.00
550
$ 11,000.00
990
$ 19,800.00
1,045
$ 20,900.00
1,018
$ 20,350.00
25
24 Storm Sewer
LF
24,200
$ 55.00
$ 1,331,000.00
380
$ 20,900.00
684
$ 37,620.00
722
$ 39,710.00
703
$ 38,665.00
26
30" Storm Sewer
LF
4,400
$ 70.00
$ 308,000.00
0
$
800
$ 56,000.00
0
$
0
$
27
36" Storm Sewer
LF
8,500
$ 80.00
$ 680,000.00
0
$
0
$
0
$
0
$
28
42 Storm Sewer
LF
1,800
$ 90.00
$ 162,000.00
0
$
0
$
0
$
0
$
29
48" Storm Sewer
LF
2,100
$ 100.00
$ 210,000.00
0
$
0
$
0
$
475
$ 47,500.00
30
54" Storm Sewer
LF
600
$ 150.00
$ 90,000.00
0
$
0
$
0
$
0
$
31
60" Storm Sewer
LF
1,400
$ 210.00
$ 294,000.00
0
$
475
$ 26,125.00
0
$
0
$
32
66" Storm Sewer
LF
100
$ 260.00
$ 26,000.00
0
$
0
$
0
$
0
$
33
72 Storm Sewer
LF
1,000
$ 300.00
$ 300,000.00
0
$
0
$
0
$
950
$ 285,000.00
34
78" Storm Sewer
LF
100
$ 325.00
$ 32,500.00
0
$
700
$ 227,500.00
0
$
0
$
35
84" Storm Sewer
LF
500
$ 425.00
$ 212,500.00
0
$
0
$
475
$ 47,500.00
0
$
36
96" Storm Sewer
LF
1,000
$ 450.00
$ 450,000.00
0
$
0
$
950
$ 142,500.00
0
$
37
108" Storm Sewer
LF
1,000
$ 475.00
$ 475,000.00
475
$ 47,500 00
0
$
475
$ 47,500.00
0
$
38
114" Storm Sewer
LF
700
$ 500.00
$ 350,000.00
650
$ 97,500.00
0
$
0
$
0
$
39
Channel Improvements Downstream of3rd
Street Outfall (Weir or culvert, and etc.)
LS
1
$ 250,000.00
$ 250,000.00
1
$ 250,000.00
0
0
0
STORM SEWER ITEM SUBTOTAL
$ 9,071,000.00
$ 492,400.00
$ 484,945.00
$ 422,560.00
$ 512,690.00
M ISC. UTILITY ITEM S
40 General Utility Adjustments LS 1
$ 400,000.00
$ 400,000.00
1
$ 6,500.00
1
$ 11,700.00
1
$ 12,350.00
1
$ 12,025.00
M ISC UTILITY ITEM SUBTOTAL
$ 400,000.00
$ 31,348,600.00
$ 6,500.00
$ 1,258,280.00
$ 11,700.00
$ 1,420,321.00
$ 12,350.00
$ 1,409,748.00
$ 12,025.00
$ 1,473,972.00
BASE BID ITEM TOTAL
D: \cfa\ 2010 \12056.la_porte_concrete \ENG \HEATH \Cost Estimate_7- 5- 11.xls 1 of 2
Client: City of LaPorte Project Name: Concrete Street Program Study Date: 7/7/201
Cost Estimate 2 - Overall Construction and Phases 1 -10
mom /
it d 1he 3101 -_ [ 4..�J x
PHASE 5
PHASE 6
PHASE 7
PHASE 8
PHASE 9
PHASE 10
Item Item Description Unit Quantity
N o.
Quantity
Extended Price
Quantity
Extended Price
Quantity
Extended Price
Quantity
Extended Price
Quantity
Extended Price
Quantity
Extended Price
BASE BID ITEMS: For 639 STA. of Roadway
Overall Project
GENERAL
1
Mobilization
LS
1
1
$ 45,000.00
1
$ 42,000.00
1
$ 46,000.00
1
$ 50,000.00
1
$ 46,000.00
1
$ 48,000.00
2
Traffic Control and Regulations
LS
1
1
$ 22,500.00
1
$ 21,000.00
1
$ 23,000.00
1
$ 25,000.00
1
$ 23,000.00
1
$ 24,000.00
3
Remove and Replace all signage
LS
1
1
$ 7,875.00
1
$ 7,350.00
1
$ 8,050.00
1
$ 8,750.00
1
$ 8,050.00
1
$ 8,400.00
4
Clearing and Grubbing
L2
1
1
$ 6,750.00
1
$ 6,300.00
1
$ 6,900.00
1
$ 7,500.00
1
$ 6,900.00
1
$ 7,200.00
5
SWPPP Protection
LS
1
1
$ 4,500.00
1
$ 4,200.00
1
$ 4,600.00
1
$ 5,000.00
1
$ 4,600.00
1
$ 4,800.00
6
Sodding
SY
224,000
7,875
$ 27,562.50
7,350
$ 25,725.00
8,050
$ 28,175.00
8,750
$ 30,625.00
8,050
$ 28,175.00
8,400
$ 29,400.00
GENERAL ITEM SUBTOTAL
$ 114,187.50
$ 106,575.00
$ 116,725.00
$ 126,875.00
$ 116,725.00
$ 121,800.00
PAVING
7
Roadway Excavation
STA
639
24
$ 43,200.00
21
$ 37,800.00
24
$ 43,200.00
25
$ 45,000.00
25
$ 45,000.00
25
$ 45,000.00
8
Reinforced Concrete Pavement, complete -in-
7 l ace
place
SY
84,000
9,000
$ 405,000.00
8,400
$ 378,000.00
9,200
$ 414,000.00
10,000
$ 450,000.00
9,200
$ 414,000.00
9,600
$ 432,000.00
9
Reinforced Concrete Pavement, complete -in-
6l place
pla
SY
135,200
4,500
$ 157,500.00
4,200
$ 147,000.00
4,600
$ 161,000.00
5,000
$ 175,000.00
4,600
$ 161,000.00
4,800
$ 168,000.00
9
6" Lime Stabilized Subgrade
SY
249,000
10,125
$ 25,312.50
9,450
$ 23,625.00
10,350
$ 25,875.00
11,250
$ 28,125.00
10,350
$ 25,875.00
10,800
$ 27,000.00
10
6" Reinforced Concrete Curb
LF
127,800
3,750
$ 11,250.00
3,500
$ 10,500.00
3,833
$ 11,500.00
4,167
$ 12,500.00
3,833
$ 11,500.00
4,000
$ 12,000.00
11
Lime (8 %)
TON
5,400
225
$ 36,000.00
210
$ 33,600.00
230
$ 36,800.00
250
$ 40,000.00
230
$ 36,800.00
240
$ 38,400.00
12
7 " Reinforced Concrete Driveways
SY
10,000
360
$ 16,920.00
336
$ 15,792.00
368
$ 17,296.00
400
$ 18,800.00
368
$ 17,296.00
384
$ 18,048.00
13
6" Reinforced Concrete Driveways
SY
41,100
1,463
$ 54,112.50
1,365
$ 50,505.00
1,495
$ 55,315.00
1,625
$ 60,125.00
1,495
$ 55,315.00
1,560
$ 57,720.00
14
Adjust Existing Inlets, Manholes, and Valve
Boxes to Grade
LS
1
1
$ 3,375.00
1
$ 3,150.00
1
$ 3,450.00
1
$ 3,750.00
1
$ 3,450.00
1
$ 3,600.00
15
4" Concrete Sidewalk, complete -in -place
SF
544,000
19,125
$ 86,062.50
17,850
$ 80,325.00
19,550
$ 87,975.00
21,250
$ 95,625.00
19,550
$ 87,975.00
20,400
$ 91,800.00
16
Curb Ramps, complete -in -place
EA
340
11
$ 16,875.00
11
$ 15,750.00
12
$ 17,250.00
13
$ 18,750.00
12
$ 17,250.00
12
$ 18,000.00
17
5" Concrete Trail (8 or 10 ft wide, Complete -in-
Place
SF
95,000
3,375
$ 141,750.00
3,150
$ 132,300.00
0
$ -
0
$ -
0
$ -
0
$ -
18
Parking Off - Street, a Concrete Pavement, 6"
Curb, and 6" Sub-grade, complete -in -place
SY
13,000
450
$ 18,900.00
420
$ 17,640.00
460
$ 19,320.00
500
$ 21,000.00
460
$ 19,320.00
480
$ 20,160.00
PAVING ITEM SUBTOTAL
$ 1,016,257.50
$ 945,987.00
$ 892,981.00
$ 968,675.00
$ 894,781.00
$ 931,728.00
DEMOLITION
19
Remove and Dispose of Pavement, Street,
Drives, and Sidewalk, All Thicknesses (02221)
SY
162,900
5,850
$ 23,400.00
5,460
$ 21,840.00
5,980
$ 23,920.00
6,500
$ 26,000.00
5,980
$ 23,920.00
6,240
$ 24,960.00
20
Remove and Dispose of Storm Sewer - pipe size
15" and less
LF
3,200
20
$ 160.00
20
$ 160.00
20
$ 160.00
20
$ 160.00
20
$ 160.00
20
$ 160.00
21
Remove and Dispose of Storm Sewer -pipe size
18"
LF
9,300
60
$ 600.00
60
$ 600.00
60
$ 600.00
60
$ 600.00
60
$ 600.00
60
$ 600.00
22
Remove and Dispose of Storm Sewer - pipe size
24"
LF
15,600
120
$ 1,440.00
120
$ 1,440.00
120
$ 1,440.00
120
$ 1,440.00
120
$ 1,440.00
120
$ 1,440.00
23
Remove " and Dispose of Storm Sewer - pipe size
30 " -4 2
LF
5,600
40
$ 560.00
40
$ 560.00
40
$ 560.00
40
$ 560.00
40
$ 560.00
40
$ 560.00
DEMOLITION ITEM SUBTOTAL
$ 26,160.00
$ 24,600.00
$ 26,680.00
$ 28,760.00
$ 26,680.00
$ 27,720.00
STORM SEWER
23
Inlets and Manholes (Conc.)- All types and
depths
EA
980
45
$ 117,000.00
42
$ 109,200.00
46
$ 119,600.00
50
$ 130,000.00
46
$ 119,600.00
48
$ 124,800.00
23
12" Drain Basins
EA
960
45
$ 30,375.00
42
$ 28,350.00
46
$ 31,050.00
50
$ 33,750.00
46
$ 31,050.00
48
$ 32,400.00
24
8" PVC Storm Sewer
LF
35,200
1,238
$ 24,750.00
1,155
$ 23,100.00
1,265
$ 25,300.00
1,375
$ 27,500.00
1,265
$ 25,300.00
1,320
$ 26,400.00
25
24" Storm Sewer
LF
24,200
855
$ 47,025.00
798
$ 43,890.00
874
$ 48,070.00
950
$ 52,250.00
874
$ 48,070.00
912
$ 50,160.00
26
30" Storm Sewer
LF
4,400
0
$
0
$
475
$ 33,250.00
0
$
475
$ 33,250.00
900
$ 63,000.00
27
36" Storm Sewer
LF
8,500
475
$ 38,000 00
0
$
0
$
950
$ 76,000.00
950
$ 76,000.00
450
$ 36,000.00
28
42" Storm Sewer
LF
1,800
0
$
475
$ 42,750.00
0
$
0
$
950
$ 85,500.00
0
$
29
48" Storm Sewer
LF
2,100
475
$ 47,500 00
0
$
450
$ 45,000.00
0
$
0
$
450
$ 45,000.00
30
54" Storm Sewer
LF
600
0
$
0
$
450
$ 67,500.00
0
$
0
$
0
$
31
60" Storm Sewer
LF
1,400
100
$ 5,500 00
0
$
450
$ 24,750.00
0
$
0
$
0
$
32
66" Storm Sewer
LF
100
0
$
0
$
0
$
0
$
0
$
0
$
33
72" Storm Sewer
LF
1,000
0
$
0
$
0
$
0
$
0
$
0
$
34
78" Storm Sewer
LF
100
0
$
0
$
0
$
0
$
0
$
0
$
35
84" Storm Sewer
LF
500
0
$
0
$
0
$
0
$
0
$
0
$
36
96" Storm Sewer
LF
1,000
0
$
0
$
0
$
0
$
0
$
0
$
37
108" Storm Sewer
LF
1,000
0
$
0
$
0
$
0
$
0
$
0
$
38
114" Storm Sewer
LF
700
0
$
0
$
0
$
0
$
0
$
0
$
39
Channel Improvements Downstream of3rd
Street Outfall (Weir or culvert, and etc.)
LS
1
0
$ -
0
$ -
0
$ -
0
$ -
0
$ -
0
$ -
STORM SEWER ITEM SUBTOTAL
$ 310,150.00
$ 247,290.00
$ 394,520.00
$ 319,500.00
$ 418,770.00
$ 377,760.00
MISC. UTILITY ITEMS
40 JGeneral Utility Adjustments LS 1
1
$ 14,625.00
1
$ 13,650.00
1
$ 14,950.00
1
1 $ 16,250.00
1
$ 14,950.00
1
$ 15,600.00
MISC UTILITY ITEM SUBTOTAL
$ 14,625.00
$ 1,481,380.00
$ 13,650.00
$ 1,338,102.00
$ 14,950.00
$ 1,445,856.00
$ 16,250.00
$ 1,460,060.00
$ 14,950.00
$ 1,471,906.00
$ 15,600.00
$ 1,474,608.00
BASE BID ITEM TOTAL
D: \cfa\ 2010 \12056.la_porte_concrete \ENG \HEATH \Cost Estimate_7- 5- 11.xls 2 of 2
Client: City of LaPorte Project Name: Concrete Street Program Study Date: 7/21/2011
Cost Estimate 3 - Overall Construction and Pavement Reduction Options
a {
obb ''�■�'�,7{ ehnadl .
OVERALL PROJECT
(Construction o nly)
CURRENTLY INCLUDED IN OVERALL
BASE CASE
(28'CONC. W /CURB)
OPTION "A"
ONE -WAY CASE
(12'CONC. W /OUT CURB)
OPTION "B"
MID -BLOCK BOLLARD CASE
(20'CONC. W /OUT CURB -TWO WAY ST.)
OPTION "B"
MID -BLOCK BOLLARD CASE (20'
DRIVABLE GRASS W /OUT
CURB -TWO WAY ST.
Item Item Description Unit Quantity
N o.
Unit Price
Extended Price
Quantity
Extended Price
Quantity
Extended Price
Quantity
Extended Price
Quantity
Extended Price
BASE BID ITEMS: For 639 STA. of Roadway
GENERAL
1
Mobilization
LS
1
$ 1,278,000.00
$ 1,278,000.00
0
$
0
$
0
$
0
$
2
Traffic Control and Regulations
LS
1
$ 639,000.00
$ 639,000.00
0
$
0
$
0
$
0
$
3
Remove and Replace all si na e
LS
1
$ 223,650.00
$ 223,650.00
0
$
0
$
0
$
0
$
4
Clearing and Grubbing
LS
1
$ 191,700.00
$ 191,700.00
0
$
0
$
0
$
0
$
5
SWPPP Protection
LS
1
$ 127,800.00
$ 127,800.00
0
$
0
$
0
$
0
$
6
Sodding
SY
224,000
$ 3.50
$ 784,000.00
0
$
0
$
0
$
0
$
GENERAL ITEM SUBTOTAL
$ 3,244,150.00
$ -
$ -
$ -
$ -
PAVING
7
Roadway Excavation
STA
639
$ 1,800.00
$ 1,150,200.00
0
$
0
$
0
$
0
$
8
7" Reinforced Concrete Pavement, complete -in-
place
Sy
84,000
$ 45.00
$ 3,780,000.00
0
$ -
0
$ -
0
$ -
0
$ -
9
Reinforced Concrete Pavement, complete -in-
6 l ace
pl
Sy
135,200
$ 35.00
$ 4,732,000.00
22,050
$ 771,750.00
9,450
$ 330,750.00
15,750
$ 551,250.00
0
$ -
9
6" Lime Stabilized Subgrade
Sy
249,000
$ 2.50
$ 622,500.00
22,050
$ 55,125.00
9,450
$ 23,625.00
15,750
$ 39,375.00
15,750
$ 39,375.00
10
6" Reinforced Concrete Curb
LF
127,800
$ 3.00
$ 383,400.00
14,000
$ 42,000.00
0
$
0
$
0
$
11
Lime (8%)
TON
5,400
$ 160.00
$ 864,000.00
460
$ 73,600.00
0
$
375
$ 60,000.00
375
$ 60,000.00
12
7 " Reinforced Concrete Driveways
Sy
10,000
$ 47.00
$ 470,000.00
0
$
0
$
0
$
0
$
13
16 " Reinforced Concrete Driveways
Sy
41,100
$ 37.00
$ 1,520,700.00
0
$
0
$
0
$
0
$
14
Adjust Existing Inlets, Manholes, and Valve
Boxesto Grade
LS
1
$ 95,850.00
$ 95,850.00
0
$ -
0
$ -
0
$ -
0
$ -
15
4" Concrete Sidewalk, complete -in -place
SF
544,000
$ 4.50
$ 2,448,000.00
0
$
0
$
0
$
0
$
16
Curb Ramps, complete-in-place
EA
340
$ 1,500.00
$ 510,000.00
0
$
0
$
0
$
0
$
17
5" Concrete Trail (8 or 10 ft wide, Complete -in-
Place
SF
95,000
$ 5.00
$ 475,000.00
0
$ -
0
$ -
0
$ -
0
$ -
18
Parking Off - Street, 6" Concrete Pavement, 6"
Curb, and 6" Sub - grade, complete -in -place
Sy
13,000
$ 42.00
$ 546,000.00
0
$ -
0
$ -
0
$ -
0
$ -
PAVING ITEM SUBTOTAL
$ 17,597,650.00
$ 942,475.00
0
$ 354,375.00
$ 650,625.00
$ 99,375.00
DEMOLITION
19
Remove and Dispose of Pavement, Street,
Drives, and Sidewalk, All Thicknesses (02221)
Sy
162,900
$ 4.00
$ 651,600.00
0
$ -
0
$ -
0
$ -
0
$ -
20
Remove and Dispose of Storm Sewer - pipe size
15" and less
LF
3,200
$ 8.00
$ 25,600.00
0
$ -
0
$ -
0
$ -
0
$ -
21
Remove and Dispose of Storm Sewer - pipe size
18"
LF
9,300
$ 10.00
$ 93,000.00
0
$ -
0
$ -
0
$ -
0
$ -
22
Remove and Dispose of Storm Sewer - pipe size
24"
LF
15,600
$ 12.00
$ 187,200.00
0
$ -
0
$ -
0
$ -
0
$ -
23
Remove and Dispose of Storm Sewer - pipe size
30 " -42"
LF
5,600
$ 14.00
$ 78,400.00
0
$ -
0
$ -
0
$ -
0
$ -
DEMOLITION ITEM SUBTOTAL
$ 1,035,800.00
$ -
$ -
$ -
$ -
STORM SEWER
23
Inlets and Manholes (Cone.) -All types and
depths
EA
980
$ 2,600.00
$ 2,548,000.00
0
$ -
0
$ -
0
$ -
0
$ -
23
12" Drain Basins
EA
960
$ 675.00
$ 648,000.00
0
$
0
$
0
$
0
$
24
8" PVC Storm Sewer
LF
35,200
$ 20.00
$ 704,000.00
0
$
0
$
0
$
0
$
25
24" Storm Sewer
LF
24,200
$ 55.00
$ 1,331,000.00
0
$
0
$
0
$
0
$
26
30" Storm Sewer
LF
4,400
$ 70.00
$ 308,000.00
0
$
0
$
0
$
0
$
27
36" Storm Sewer
LF
8,500
$ 80.00
$ 680,000.00
0
$
0
$
0
$
0
$
28
42" Storm Sewer
LF
1,800
$ 90.00
$ 162,000.00
0
$
0
$
0
$
0
$
29
48" Storm Sewer
LF
2,100
$ 100.00
$ 210,000.00
0
$
0
$
0
$
0
$
30
54" Storm Sewer
LF
600
$ 150.00
$ 90,000.00
0
$
0
$
0
$
0
$
31
60" Storm Sewer
LF
1,400
$ 210.00
$ 294,000.00
0
$
0
$
0
$
0
$
32
66" Storm Sewer
LF
100
$ 260.00
$ 26,000.00
0
$
0
$
0
$
0
$
33
72" Storm Sewer
LF
1,000
$ 300.00
$ 300,000.00
0
$
0
$
0
$
0
$
34
78" Storm Sewer
LF
100
$ 325.00
$ 32,500.00
0
$
0
$
0
$
0
$
35
84" Storm Sewer
LF
500
$ 425.00
$ 212,500.00
0
$
0
$
0
$
0
$
36
96" Storm Sewer
LF
1,000
$ 450.00
$ 450,000.00
0
$
0
$
0
$
0
$
37
108" Storm Sewer
LF
1,000
$ 475.00
$ 475,000.00
0
$
0
$
0
$
0
$
38
114" Storm Sewer
LF
700
$ 500.00
$ 350,000.00
0
$
0
$
0
$
0
$
39
Channel Improvements Downstream of 3rd
Street Outfall (W eir or culvert, and etc.)
LS
1
$ 250,000.00
$ 250,000.00
0
$ -
0
$ -
0
$ -
0
$ -
STORM SEWER ITEM SUBTOTAL
$ 9,071,000.00
$ -
$ -
$ -
$ -
MISC. UTILITY ITEMS
40 lGeneral Utility Adjustments LS 1 1
$ 400,000.00
$ 400,000.00
0
$
0
$
0
$
0
$
MISC UTILITY ITEM SUBTOTAL
$ 400,000.00
$ 31,348,600.00
$ -
$ 942,475.00
$ -
$ 354,375.00
$ -
$ 650,625.00
$ -
$ 99,375.00
BASE BID ITEM SUBTOTAL
ALTERNATE
PAVEMENT REDUCTION ITEMS
1
Grass Pavers (2'x2' m ats)
y
SF
0
$ 1.50
$
0
$
0
$
0
$
140,000
$ 210,000.00
2
6" C ru s hed Concrete
TO N
0
$ 30.00
$
0
$
0
$
0
$
5,000
$ 150,000.00
3
2" Clean Sand
TON
0
$ 20.00
$
0
$
0
$
0
$
1,700
$ 34,000.00
4
lBollards
I LS
1 0
$ 10,000.00
$
0
$
0
$
1
$ 10,000.00
1
$ 10,000.00
ALTERNATE PAVING REDUCTION ITEM SUBTOTAL
$ -
$ -
$ -
$ 10,000.00
$ 404,000.00
BASE PLUS ALTERNATE BID ITEM TOTAL FOR SCENARIO
$ 31,348,600.00
$ 942,475.00
$ 354,375.00
$ 660,625.00
$ 503,375.00
D: \cfa\ 2010 \12056.1e._ p orte_ con ere te \EN G \HEATH \Cost Estimate_7- 5- 11.x1s 1 of2
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 10, 2011
Requested By: Julian Garza
Department: Planning
Report: X Resolution: _Ordinance:
Exhibit: Drainage Report
Appropriation
Source of Funds N.A.
Account Number: N.A.
Amount Budgeted: N.A.
Amount Requested: N.A.
Budgeted Item: _YES NO
SUMMARY
At the request of the Drainage Committee, staff is providing an update of active projects for Council
review. The update to the drainage projects is attached as Exhibit One. Staff will be present to answer
any questions that Council may have regarding the projects in the report.
Action Required by Council:
Receive Drainage Report.
Approved for City Council Agenda
Ron Bottoms, City Manager Date
CITY COUNCIL DRAINAGE REPORT
October 10, 2011
Contract Design and Construction
• Design of Sheet Flow Relief Structure Improvements to Creekmont, Fairmont
Park West, Brookglen and Fairmont Park East. Pre - construction meeting held
June 22, 2011. Construction contracts executed July 12, 2011. Contractor
complete with work at Fern Rock and Brandridge. Contractor has mobilized to
Lazy Brook. CP gas has completed offsetting gas conflicts and relocating gas
mains at Roseberry. CP Electric processing work order to relocate power pole at
Valley Brook, design of relocation underway, estimated time for relocation is
mid- October.
• BrookWen Detention. Construction is complete, Final Inspection conducted on
September 15, 2011.
• North and South 16 Streets. Design in progress; plans at 90 %.
In -House Design and Construction of City- Initiated Projects.
• South La Porte Bay Outfalls Oakhurst — Contractor approximately 80%
complete, project substantial completion date expected at end of October.
• F -216 Regional Detention Project. Contractor approximately 40% complete.
• Coordination with Harris County Flood Control District Consultant's agreements
have been executed and work begun on Battleground Estates and Shady River.
• Battleview Area Survey complete, design 90 %.
• East Main. Design is complete, pending HCPID approval, to bid this month.
• Browning Street. Public Works expects to have work completed by Dec. 2011.
• Adams Street. Addressing pipeline conflict.
In -House Drainage Maintenance Activities.
• North Shady Lane Working with HOA to secure easement for drainage swale.
• Sunrise and Broadway. Plans are complete. Project will be constructed by Public
Works and is scheduled to start October 2011.
• In -Fill Drainage Maintenance. Public Works working on re- grading ditches in
Spenwick.
Council Agenda Item
October 10, 2011
12. ADMINISTRATIVE REPORTS
(a) October 24, 2011 — City Council Meeting — 6:00 p.m.
13. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of
community members, city employees, and upcoming events; inquiry of staff regarding
specific factual information or existing policies — Councilmembers Clausen, Martin,
Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit and Mayor Rigby
14. EXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should
the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the
Texas Government Code.
Texas Government Code, Section 551.072(1) — Deliberation regarding real property:
Discussion of the sale of property located at 908 and 912 W. Main Street.
Texas Government Code, Section 551.072(1) — Consultation with Attorney regarding
pending or contemplated litigation /settlement offer: Update regarding annexation of an
approximately 29 -acre tract of land in the Battleground Industrial District.
Texas Government Code, Section 551.074 — Deliberation concerning the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer
or employee: Ron Bottoms, City Manager.
15. RECONVENE into regular session and consider action, if any, on items discussed in
executive session.
16. ADJOURN
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