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11-11-13 Regular Meeting of La Porte City Council
LOUIS R. RIGBY Mayor JOHN ZEMANEK Councilmember At Large A DOTTIE KAMINSKI Councilmember At Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 CITY COUNCIL MEETING AGENDA DARYL LEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Mayor Pro-Tem 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 November 11, 2013, 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. 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Don Hill, La Porte Inter Church Council. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Dottie Kaminski. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Recognition — La Porte Police Department — Texas Police Chiefs Association Best Practices Recognition — Mayor Rigby 5. PUBLIC COMMENTS (Limited to five minutes per person.) 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the regular council meeting held October 28, 2013 — P. Fogarty (b) Consider approval or other action regarding a Resolution appointing one representative and one alternate to the H-GAC 2014 General Assembly and Board of Directors — P. Fogarty (c) Consider approval or other action regarding a Resolution casting a ballot vote for the election of Ed Heathcott to the Harris County Appraisal District Board of Directors and authorizing the Mayor to sign the Certificate of Ballot — P. Fogarty (d) Consider approval or other action regarding the Fiscal Year 2013 Audit/Asset Forfeiture Report and associated financial records — K. Adcox (e) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing a portion of the West "E" Street right-of-way and the South 14th right-of-way; approve easements for existing public facilities within the subject rights -of -way, and authorize the execution and delivery of a deed to the adjoining landowners — T. Tietjens (f) Consider approval or other action regarding an agreement with Sungard Public Sector for Naviline and OneSolution systems — J. Suggs 7. AUTHORIZATIONS/RESOLUTIONS/ORDINANCES (a) Consider approval or action regarding a Resolution of the City of La Porte, Texas, opposing the Centennial Gate Concept in its current form being proposed by the Rice University, SSPEED Center (Severe Storm Prediction, Education and Evacuation From Disasters), and providing for the delivery of such resolution to the SSPEED Center as well as Regional Economic Development Agencies and State Legislators that represent La Porte — T. Tietjens 8. REPORTS (a) Receive report of La Porte Development Corporation Board — Councilmember Engelken (b) Receive demonstration of proposed tourism website for the City of La Porte — T. Leach 9. ADMINISTRATIVE REPORTS (a) Receive report from City Manager • Zoning Board of Adjustment Meeting, Tuesday, November 12, 2013 • Thanksgiving Holiday, Thursday November 28, 2013 and Friday, November 29, 2013 • City Council Meeting, Monday, December 9, 2013 • La Porte Development Corporation Board Meeting, Monday December 9, 2013 • Christmas Holidays, Tuesday, December 24, 2013 and Wednesday, December 25, 2013 10. 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 Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, Moser and Mayor Rigby. 11. 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. 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. 13. 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 November 11, 2013, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on November 5, 2013. Council Agenda Item November 11, 2013 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Don Hill, La Porte Inter Church Council. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Dottie Kaminski. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Recognition — La Porte Police Department — Texas Police Chiefs Association Best Practices Recognition — Mayor Rigby 5. PUBLIC COMMENTS (Limited to five minutes per person.) ************************************************************************ Council Agenda Item November 11, 2013 CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the regular council meeting held October 28, 2013 — P. Fogarty (b) Consider approval or other action regarding a Resolution appointing one representative and one alternate to the H-GAC 2014 General Assembly and Board of Directors — P. Fogarty (c) Consider approval or other action regarding a Resolution casting a ballot vote for the election of Ed Heathcott to the Harris County Appraisal District Board of Directors and authorizing the Mayor to sign the Certificate of Ballot — P. Fogarty (d) Consider approval or other action regarding the Fiscal Year 2013 Audit/Asset Forfeiture Report and associated financial records — K. Adcox (e) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing a portion of the West "E" Street right-of-way and the South 14tn right-of-way; approve easements for existing public facilities within the subject rights -of -way, and authorize the execution and delivery of a deed to the adjoining landowners — T. Tietjens (f) Consider approval or other action regarding an agreement with Sungard Public Sector for Naviline and OneSolution systems — J. Suggs *********************************************************************************** LOUIS RIGBY Mayor JOHN ZEMANEK Councilmember At Large A DOTTIE KAMINSKI Councilmember At Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE OCTOBER 28, 2013 DARYL LEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Mayor Pro Tem Councilmember District 5 MIKE CLAUSEN Councilmember District 6 The City Council of the City of La Porte met in a regular meeting on Monday, October 28, 2013, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:02 p.m. to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:02 p.m. Members of Council present: Councilmembers Engelken, Leonard, Zemanek, Kaminski, Clausen, Martin, and Moser. Absent: Councilmember Mosteit. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City Attorney Clark Askins. Councilmember Clausen arrived at 6:03 p.m. 2. INVOCATION - The invocation was given by Assistant City Attorney, Clark Askins. 3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Tommy Moser. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Recognition — "Employees of the (Third) Quarter" — Chris Muska, Chris Gaitan and Jeff Ellison (Parks and Recreation) — Mayor Rigby Mayor Rigby recognized Chris Muska, Chris Gaitan and Jeff Ellison as "Employees of the Third Quarter." Stephen Barr and Scott Bradley offered words of praise. (b) Recognitions — Retirement of Nicola Wells (Human Resources) — Mayor Rigby Mayor Rigby recognized the retirement of Nicola Wells. Allison Curry offered words of praise. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Ken Schick, 4105 Crawford Rd., Spicewood TX, spoke in favor of Item 7, the proposed zoning change located northwest of Sens Road and Spencer Highway from commercial to low -density residential. President of Spencer Landing Homeowners' Association Rick Helton, 345 Joshway, spoke in opposition to Item 7 and requested Council table the item until more accurate information becomes available. Robert Guerra, 342 Joshway, spoke in opposition to Item 7 and requested Council table the item until more accurate information becomes available. 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the regular council meeting held October 14, 2013 — P. Fogarty Page 1 of 8 October 28, 2013, Council Meeting Minutes (b) Consider approval or other action to authorize two real estate appraisals related to the La Porte Airport — C. Alexander (c) Consider approval or other action regarding an amendment to the bus service agreement between Harris County and the City of La Porte for local bus service for the period beginning November 1, 2013, and ending October 31, 2014 — T. Leach (d) Consider approval or other action appointing Jeffrey Plemons and Leo Trim to the La Porte Police Reserve Force — K. Adcox (e) Consider approval or other action authorizing the City Manager to execute an agreement for participation in the Regional DWI Task Force and a budget amendment to increase the grant account from $6,000.00 to $12,131.00 — K. Adcox (f) Consider approval or other action for the purchase of 12 Haenie scales from sole source vendor LoadOMeter — K. Adcox (g) Consider approval or other action authorizing the City Manager to execute an annual contract for rehabilitation of sanitary sewer using sliplining, pipe bursting — D. Mick (Postponed at the October 14, 2013, meeting until October 28, 2013, meeting.) (h) Consider approval or other action authorizing the City Manager to execute an agreement between the City of La Porte and Patriot Court Systems, Inc., under its Texas Buy Board contract, to provide and install a basketball court and related equipment for Fairmont Park — S. Barr (i) Consider approval or other action adopting an Ordinance amending Fiscal Year 2013-2014 Budget — M. Dolby (j) Consider approval or other action regarding a Resolution amending the City of La Porte's Investment Policy — M. Dolby City Manager Corby Alexander recommended Item F be removed from the Consent Agenda and brought back at the December meeting in order for staff to obtain additional information. Regarding Item C, Councilmember Martin questioned if staff can provide ridership numbers. Assistant City Manager Traci Leach advised the latest numbers are from August 2013, but she can obtain updated numbers and provide them to Council. Councilmember Martin questioned why the City's share of the bus service agreement was $3,000.00 less than last year. Ms. Leach responded it is due to fewer rides for paratransit services. Regarding Item H, Councilmember Martin questioned why the half court has to be removed and who is responsible for the removal. Parks and Recreation Director Stephen Barr responded the half court will be removed in-house, and it is the potential site for the spraypark. Councilmember Leonard moved to approve the Consent Agenda Items A-E and G-J pursuant to staff recommendations. Councilmember Engelken seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken, Kaminski, Zemanek, Leonard and Moser Nays: None Absent: Councilmember Mosteit Prior to Council vote, Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3500: AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF Page 2 of 8 October 28, 2013, Council Meeting Minutes SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public Hearing to receive comments regarding recommendation by the Tax Increment Reinvestment Zone No. 1 Board of Directors to accept and adopt amendments to TIRZ No. 1 Project Plan and Reinvestment Zone Financing Plan in connection with proposed enlargement of TIRZ No. 1 boundaries — S. Livingston The public hearing was opened at 6:20 p.m. Economic Development Coordinator Scott Livingston presented a summary Jeff Anderson, Beazer Homes, addressed Council and advised the proposed homes are 2200-2300 square feet on average and are valued from $196,000.00-$200,000. Councilmember Zemanek commented he has concerns with the proposed information and feels people are being misled with the information given. Councilmember Martin commented Beazer is a good builder with a nice product. Paul Groman provided information regarding projects in various cities with Beazer Homes and the good quality of the homes being built. Mr. Groman also added if the home cost of $175,000.00 is not achieved, it is a tremendous financial loss due to not being able to obtain the TIRZ incentives. It is to their advantage to ensure homes are sold at $175,000 and above. Councilmember Zemanek read the agenda request and commented his concern was a proposed subdivision with 73 homes starting at $175,000.00. Mr. Groman responded with 14 neighborhoods complete and 7 more in process, the numbers are achievable, plus a good margin. Ken Schick, 4105 Crawford Rd., Spicewood TX, addressed Council as the landowner of the 32 acres and requested the entire piece of property be approved into the TIRZ. Robert Guerra, 342 Joshway, addressed Council and requested the item be tabled until it can be researched. David Janda, 412 Spencer Landing East, addressed Council also in favor of postponing the item Economic Development Coordinator Scott Livingston advised the Tax Increment Reinvestment Zone No. 1 Board of Directors recommended enlarging the boundaries of TIRZ No. 1, City of La Porte, Texas. The public hearing was closed at 6:42 p.m. (b) Consider approval or other action regarding an Ordinance enlarging the boundaries of TIRZ No. 1, City of La Porte, Texas — S. Livingston Councilmember Zemanek moved to table Items 7b, c, e, and g until the December 9, 2013, Council meeting. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Zemanek, Leonard and Moser Nays: Councilmembers Clausen and Martin Absent: Councilmember Mosteit Page 3 of 8 October 28, 2013, Council Meeting Minutes (c) Consider approval or other action regarding an Ordinance accepting and adopting the amended TIRZ No. 1 Project Plan and Reinvestment Zone Financing Plan — S. Livingston Item tabled until the December 9, 2013, meeting. See minutes for Item 7b. (d) Public Hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve an update to the Future Land Use Plan component of the Comprehensive Plan of the City of La Porte to change future land use classification for tract located northwest of Sens Road and Spencer Highway from commercial to low -density residential — T. Tietjens Item tabled until the December 9, 2013, meeting. See minutes for Item 7b. (e) Consider approval or other action regarding an Ordinance adopting an update to the Future Land Use Plan component of the Comprehensive Plan of the City of La Porte to change future land use classification for tract located northwest of Sens Road and Spencer Highway, from commercial to low -density residential — T. Tietjens Item tabled until the December 9, 2013, meeting. See minutes for Item 7b. (f) Public Hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve Rezone Request # 13-92000002, for the rezoning of a 17.3705-acre-tract of land located northwest of Sens Road and Spencer Highway, from General Commercial (GC) to Low Density Residential (R-1) — T. Tietjens Item tabled until the December 9, 2013, meeting. See minutes for Item 7b. (g) Consider approval other action regarding an Ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte by changing the zoning classification of a 17.3705-acre-tract of land located northwest of Sens Road and Spencer Highway from General Commercial (GC) to Low Density Residential (R-1) — T. Tietjens Item tabled until the December 9, 2013, meeting. See minutes for Item 7b 8. AUTHORIZATIONS/RESOLUTIONS/ORDINANCES (a) Consider approval or other action awarding bid # 13023 to Aztec Remodeling and Landscape in the amount of $195,082.00 and adding an additional $25,000.00 for contingency for a total project budget of $220,082.00 for new Fire Station No. 1 — D. Ladd/R. McPhail (Postponed at the October 14, 2013, meeting until October 28, 2013, meeting.) Assistant Fire Chief Donald Ladd presented a summary. Councilmember Moser questioned if the lighting for the parking lot has been resolved. Assistant Fire Chief Donald Ladd responded the lighting was in the pricing of the bid. Mr. Ladd and staff will look at additional lighting to match the Fire Station better which will tie into that on San Jacinto. Mr. Ladd also added there is decorative lightning that matches the Fire Station, and no cheap box lighting will be used. Councilmember Moser asked if it will address the concern of the neighbors on the south side of the Fire Station. Mr. Ladd responded the lightning concern is being looked at by staff, and bids have been received; but it is not a part of this project. Mr. Ladd also added money is set aside for the project, and staff is working to make sure the lights will tie in with the low voltage in order for all of the lights to come on at the same time. Councilmember Moser moved to approve the award bid #13023 as presented by staff. Councilmember Kaminski seconded. MOTION PASSED. Page 4 of 8 October 28, 2013, Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken, Kaminski, Zemanek, Leonard and Moser Nays: None Absent: Councilmember Mosteit (b) Consider approval or other action authorizing the Fire Department to place an order for the third fire truck in the 5-truck series agreement, with an additional 1.5% for additional safety equipment — D. Ladd Assistant Fire Chief Donald Ladd presented a summary. Councilmember Engelken moved to authorize the Fire Department to place an order for the third fire truck in the 5-truck series agreement, with an additional 1.5% for additional safety equipment as presented by staff. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken, Kaminski, Zemanek, Leonard and Moser Nays: None Absent: Councilmember Mosteit 9. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding Quarterly Report on Planning Audit — T. Tietjens Planning Director Tim Tietjens presented a summary. City Manager Corby Alexander advised Council the Quarterly Report on the Planning Audit is to let Council know where staff is on implementing recommendations that were generated during the audit. Councilmember Zemanek commented he doesn't recall discussing a mission statement. Planning Director Tim Tietjens advised the department updated its mission statement, guiding principles and primary objectives. Councilmember Moser asked why the change of the department name. Mr. Tietjens responded Planning and Development more accurately reflects the services provided. (b) Discussion or other action regarding adoption of a City Council policy regulating publication of Councilmember(s)-specific newsletters — Mayor Rigby Mayor Rigby presented a summary and advised if the practice of distributing individual Council newsletters continues, a policy should be considered in regards to publishing close to election dates and the proper use of taxpayers' dollars. Councilmember Engelken commented when he sent out a newsletter four years ago, it was sent to address a specific need; and if a policy is adopted, it should specify that if a certain need arises, it can be addressed after being brought to Council for approval. Councilmember Leonard commented he is not in favor of limiting a quarterly report to two districts and would rather have it open for all of Council due to some districts may have very limited news available. Councilmember Leonard then questioned if news becomes available in between quarterly newsletters, can another newsletter be issued in case of an emergency? Assistant City Manager Traci Leach responded it is up to Council; and whatever they wish to do in regards to a policy, staff will comply. Councilmember Zemanek commented the newsletter can be generic for the entire city and not Council specific with pictures but maybe a picture of the entire Council. Page 5 of 8 October 28, 2013, Council Meeting Minutes Councilmember Engelken commented he agreed each Councilmember could have a page in the newsletter if they have news to report. Mayor Rigby and Councilmember Kaminski agreed with having a quarterly newsletter. Councilmember Leonard commented all of Council will have input for the newsletter, and names are unimportant. Council agreed on a quarterly newsletter consisting of news for the entire city, and staff will come to Council for approval of any district -specific newsletter. No policy was adopted. 10. REPORTS (a) Receive report of Fiscal Affairs Committee — Councilmember Engelken Councilmember Engelken provided a report of the Fiscal Affairs Committee which took place at a meeting held just prior to this council meeting. (b) Receive report from Perdue Brandon of Delinquent Tax accounts — K. Powell Jason Bailey with Perdue Brandon provided a report of Delinquent Tax accounts. Councilmember Leonard questioned how the Debakey property will be settled. Mr. Bailey advised the probate will be reviewed to see if a specific Debakey own the property or if all of the heirs will be sued. Councilmember Zemanek questioned if the 52 properties are the only ones with delinquency issues, and will the other delinquent properties be resolved in the fiscal year. Mr. Bailey responded no. Councilmember Zemanek questioned what happened to the delinquent reports dating back from 1986 to present. Mr. Bailey responded City reports indicate rolls that have already gone through the process and have been struck off but continue to appear until they have been sold. Councilmember Moser questioned if the 12 25-foot lots were inventory. Mr. Bailey responded no, they are not in suit or inventory of the City and have not been put into with litigation. Mayor Rigby asked Council if they wanted the firm to expedite the properties that are marketable. All of Council was in agreement. Councilmember Zemanek advised he would like the firm to proceed with Tax Account I.D. # 933, 871, and 137 that have marketable issues. Mr. Bailey informed the firm can only foreclose on 41.62% interest of the property of Tax Account I.D. # 933 because the other interest is undivided interest and is not delinquent. Mr. Bailey added the City would not be able to transfer 100% ownership in the interest and would not be able to sell or own the entire piece of property. Councilmember Zemanek advised he would still like the firm to proceed. Mayor Rigby asked Council if they all agreed to expedite the nine properties and accomplish what can be done with the 22 properties, confirm with the neighbors on the single lots with notice and include the three lots Councilmember Zemanek would like to be included. All of Council agreed. (c) Receive Delinquent Tax Report — T. Leach Assistant City Manager Traci Leach provided a Delinquent Tax Report and asked Council if they would like to continue receiving the report. Council advised they would like to continue receiving the report once a month, including the delinquent taxes that are paid. Page 6 of 8 October 28, 2013, Council Meeting Minutes 11. ADMINISTRATIVE REPORTS (a) Receive report from City Manager • La Porte Development Corporation Board Meeting, Monday November 11, 2013 • City Council Meeting, Monday, November 11, 2013 • Thanksgiving Holiday, Thursday November 28, 2013 and Friday, November 29, 2013 • City Council Meeting, Monday, December 9, 2013 • La Porte Development Corporation Board Meeting, Monday December 9, 2013 City Manager Corby Alexander congratulated the Finance Department for receiving the GFOA Popular Reporting Award, the Distinguished Budget Award and the Distinguished Financial Reporting Award. Mr. Alexander expressed his appreciation to the Finance Department. 12. 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 Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, and Mayor Rigby. Councilmember Moser congratulated Finance Director Michael Dolby and staff, the "Employees of the (Third) Quarter" Chris Muska, Chris Gaitan and Jeff Ellison and commented Nicola Wells' presence will be missed; Councilmembers Kaminski, Zemanek, Leonard and Engelken congratulated Finance Director Michael Dolby and staff, the "Employees of the (Third) Quarter" Chris Muska, Chris Gaitan and Jeff Ellison and commented Nicola Wells' presence will be missed, and commented the Gala at Sylvan Beach Pavilion was a wonderful event; Councilmember Clausen congratulated Finance Director Michael Dolby and staff, the "Employees of the (Third) Quarter" Chris Muska, Chris Gaitan and Jeff Ellison and wished Nicola Wells the best during her retirement and future endeavors, apologized for not being able to attend the Gala at Sylvan Beach Pavilion and commended the Police Department for their work during the Shelter In Place last Friday; Councilmember Martin commented he attended the ribbon cutting and the Gala at Sylvan Beach Pavilion, congratulated the Groundbreaking for the Animal Shelter, congratulated Nicola Wells on her retirement, advised everyone about the Thanksgiving Day Meal that will be held at the Neighborhood Center and sent a shout out to Denny Lundy for a job well done; and Mayor Rigby wished Nicola Wells well in her retirement and commended the individuals who organized the Gala at Sylvan Beach Pavilion. 13. 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 551.071 (2) — Consultation with City Attorney: Meet with City Attorney, City Manager and Municipal Court Judge to discuss Municipal Court 2013 Assessment Report. City Council recessed the regular meeting to convene an executive session at 7:45 p.m. to meet with the City Attorney, City Manager and Municipal Court Judge to discuss Municipal Court's 2013 Assessment Report 14. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The regular meeting was reconvened at 8:45 p.m. City Council received an executive summary of the Municipal Court audit and the changes implemented during the audit and received legal advice. Page 7 of 8 October 28, 2013, Council Meeting Minutes 15. ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at 8:47 p.m. Councilmember Leonard seconded. MOTION PASSED. Patrice Fogarty, City Secretary Passed and approved on November 11, 2013. Mayor Louis R. Rigby Page 8 of 8 October 28, 2013, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested November 11, 2013 Requested By: Patrice Eogartj: Department: Q4, c Report Resolution: X Ordinance: Exhibit: Resolution Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N4A Budgeted Item: YES NO SUMMARY & RECOMMENDATION According to H-GAC's bylaws, the City is authorized to select one councilmember as a representative and one as an alternate to the H-GAC General Assembly and Board of Directors. H-GAC's bylaws stipulate that the representative is also the General Assembly delegate; and as such, is also designated to serve on H-GAC's Board of Directors. The 2014 designated representatives begin their terms of office the first of January. The 2013 representative is Chuck Engelken, and the alternate is Jay Martin. Both have indicated a willingness to serve again should Council name them. Action Required by Council: Consider approval or other action of a Resolution appointing one representative and one alternate to the H-GAC 2014 General Assembly and Board of Directors. Approved for City Council Agenda Corby D. Alexander, City Manager Date 'A a ; �' 0 ; - Section 1. That the following individuals be and are hereby selected as the representative and alternate of the General Assembly of the Houston -Galveston Area Council for the year 2014: REPRESENTATIVE: UIRI NZY-11ill I Section 2. That the hereinabove named representative and alternate are hereby selected as the representative and alternate to the Board of Directors of the Houston -Galveston Area Council for the year 2014. Section 3. That the Executive Director of the Houston -Galveston Area Council be notified' of the selection of the hereinabove named representative and alternate. Patrice Fogarty City Secretary # 26 IN Louisi Mayor Clark T.WAskins Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested November 11, 2013 Requested By Patrice Fogarty Department: Q4, Swratary Report Resolution: X Ordinance: Appropriation Source of Funds: Account Number: Amount Budgeted: Exhibits: Harris County Appraisal District Memo Amount Requested: Exhibits: Resolution and Certificate of Ballot Budgeted Item: YES NO SUMMARY & RECOMMENDATION The procedures for selecting members of the board of directors of the Harris County Appraisal District are as follows: cities, school districts, junior college districts and conservation & reclamation districts nominate and elect one member to the board of directors by majority vote of the governing body. The process for cities, other than the City of Houston, involves two steps: nomination and election. The City of La Porte is at the ELECTION stage. At the September 9, 2013, City Council meeting, Council adopted a Resolution nominating Mr. Ed Heathcott to the Harris County Appraisal District Board of Directors for a two-year term commencing January 1, 2014. Before Council is a Resolution casting the City's ballot for the election of Mr. Heathcott. There are no other candidates representing cities other than the City of Houston. This Resolution and Certificate of Ballot must be sent to the Chief Appraiser of the HCAD no later than Monday, December 16, 2013. Should Council desire to cast the City's ballot for Ed Heathcott's election to the Harris County Appraisal District Board of Directors, for a two-year term commencing January 1, 2014, staff recommends Council adopt this Resolution, and authorize the Mayor to sign and the City Secretary to attest the Certificate of Ballot for Board of Directors Harris County Appraisal District for forwarding to the Harris County Appraisal District. Action Required by Council: Consider approval or other action of a Resolution casting a ballot vote for the election of Ed Heathcott to the Harris County Appraisal District Board of Directors and authorizing the Mayor to sign the Certificate of Ballot. Approved for City Council Agenda Corby D. Alexander, City Manager Date OCT 2 2 2013 CITY SECRETARY'S OFFICE Harris County Appraisal District Interoffice Memorandum TO: presiding 017ficers of Taxing Units Served by the Hari -is Connty Appraisal District FROM: Sands Stiefer, Chiel'Appraiser SUBJECT: Election of Board of'Directors ofthe Harris County Appraisal District DATE: October 17, 2013 The nomination period for board candidates representing the sniall cities, school districts, junior college districts and conservation & reclarriatio-ti districts closed October 15, 2013. The names of all candidates officially nominated to nic on or before that date are reflected on the enclosed „Certification of Ballot" forms. Candidates for contested positions are listed alphabetically on the ballots in the manner required by the Texas Tax Code. Katherine (Toni) Trumbull was the only person nominated for the board position representing school districts other than Houston IS) and thejunior college districts. Ed Heafficott was the only person nominated for the board position representing cities other than the City of Houston, Glenn Peters, Charles Johnson and Howard Martin, Jr, are norrilnees for the position representing the conservation and reclan-iation, districts. To assist you in the election procedure, I have enclosed a Certification ol'Ballot and a sugoested Z=1 form of resolution for casting your vote for the candidate representing YOUr type of taxing unit. Ballotfirms.for allfi)ur types qfunits are enclosed to make you aware of all nominees, eveii though only laxing units qj'a particular tvpe mtky vole in the electioii applicable it) that type qf unit. 1'he governing body of each taxing unit is entitled to one vote for the candidate of its choice frorn the marries appearing on the appropriate Certification of Ballot, Please note, the Presiding Of of Taxing Units October 17, 2013 Page 2 junior unior college districts vote collectively. Each board of trustees for the respective junior college districts may file vote by resolution with the chief appraiser, however, the collective vote of the ,junior college districts will thereafter be cast for the candidate who receives the most votes from among the junior college districts. Each governing body must cast its vote for one of the nominees, formally adopt a resolution naming the person for whom it votes, and submit a certified copy to the chief appraiser. The vote must be by resolution. The resolution, or a certified copy thereof, together with the completed Certification of Ballot, must be delivered to Sands Stiefer, Chief Appraiser, 13013 Northwest Freeway, Houston, Texas 77040, or mailed to P. 0. Box 920975, Houston, Texas 77292-0975 to arrive before 5:00 p.m. Monday, December 16, 2013. The outside of the envelope should be marked "'Ballot for Board of Directors." Ballots that arrive after that day and time will not be counted. On Tuesday, December 17, 2013, the chief appraiser will count the votes, declare the results, and notify the winners, the nominees, and the presiding officers of each taxing unit. A tie vote will be resolved by a method of chance chosen by the chief appraiser. These procedures do not apply to Harris County, the City of Houston, or the Houston tridependent School District. Those units will, select their board mernber by adopting a resolution appointing such member by December 16, 2013, and delivering an original or certified ,copy, to the Office of the Chief Appraiser. If you have questions about the board selection process, please call me at 713/957-5299. WITIMIMM c: HCAD Board Members Tax Assessors Attorneys A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, i EXAS, CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL, DISTRICT. WHEREAS, the chief appraiser of the Harris County Appraisal District has delivered to the Mayor of the City of La Porte the names of those persons duly nominated as candidates to serve in that position on, the board of directors of the Harris County Appraisal District, representing and to be filled by the cities other than the City of Houston, participating in said appraisal district; and WHEREAS, the City of La Porte deems, it appropriate and in the public interest to cast its vote for the candidate of its choice to fill: such position; now, therefore Section 1. That the facts and recitations set forth in the preamble of this resolution be, and they are herby, adopted, ratified, and confirmed. Section 2. That the City of La Porte does hereby cast its vote for Ed Heathcott, to fill the position on the board of directors of the Harris County Appraisal District, representing and to be filled by the cities, other than the City of Houston, participating in the appraisal district. Section 3., That the mayor be, and he is hereby, authorized and directed to deliver or cause to be delivered an executed or certified copy of this resolution to the chief appraiser of the Harris County Appraisal District no later than December 16, 20,13. 0 Patrice Fogarty City Secretary MINK0121ML0012" Louis R. Rigby Mayor 1521TIJIVI-003M Ckrrk T. Askins Assistant City Attorney CERTIFICATION OF BALLOT FOR BOARD OF DIRECTORS HARRIS COUNTY APPRAISAL DISTRICT I, LOUIS R. RIGBY, certify that on the 111" day of November, 2013, the City Council of the City of La Porte did by resolution cast its ballot for the following nominee to serve as a member of the Board of Directors of the Harris County Appraisal District. Ed Heathcott [ X ] I further certify that a true and correct copy of the resolution casting such ballot is attached hereto. WITNESS MY HAND this day of November, 2013. Louis R. Rigby Mayor ATTEST: Patrice Fogarty, City Secretary REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 11, 2013 Requested By: David Mick Department: Public Works Report: Resolution: Ordinance: Exhibit: Cobb Fendlev Professional Services Proposal Budget 019 (Drainage Fee) Source of Funds: 033 (Street Tax) Account Number: 019 ($ 60,000) Amount Budgeted: 033 (%150,000) 019 ($ 18,000) Amount Requested: 033 ($109,950) Budgeted Item: YES NO SUMMARY & RECOMMENDATION The FY 14 budget includes an allocation for the design of Catlett (Valleybrook to Farrington), Belfast (Valleybrook to Farrington), and Pineybrook (Antrim to Carlow). The City of La Porte staff has reviewed the enclosed professional services proposal from Cobb, Fendley & Associates, Inc. to provide professional engineering services for the design, bidding, and construction phase services for this project. The price proposal submitted by Cobb Fendley (attached) totaled $117,950.00. The total request is $127,950.00 including a $10,000 contingency and is within budget. Budgeted Design Cost: $230,000 (FY 13_14) Requested Design Allocation: $127,950 (FY 13 14)** Preliminary Construction Budget Estimate: $2,300,000 (FY 14_15) Updated Construction Budget Estimate: $1,700,000 (FY 14 15)** ** Work required on the existing storm, water/sewer facilities will not be as extensive as was contemplated with the preliminary budget estimate. The design fee and construction budget estimates are reduced accordingly. The price proposal references Phase 1 and Phase 2 areas. Staff directed Cobb Fendley to consider the potential for a phased project with the proposal in the event that budget dictated a need to reduce the project scale. Phase 1 includes Pineybrook and the segments of Catlett and Belfast between Valleybrook and Pineybrook. Phase 2 includes the segments of Catlett and Belfast from Pineybrook to Farrington. The HDR street inspection rating was 2 of 9 (9 being the best) for the Phase 1 area; 3 of 9 for the Phase 2 area. Staff recommends constructing both phases simultaneously to complete the improvements from Valleybrook (reconstructed in 2008) to Farrington (currently under construction). Anticipated completion of the design is March, 2014. At least one public meeting with the residents is anticipated during the design process along with other resident contacts to identify any access or other considerations of the residents. Benefits: The project will address several of the lower rated concrete street segments identified in the 2013 comprehensive street inspection report. Liabilities: Deferring the project construction would add to future year maintenance responsibilities unless substituted with a like project. Operating Costs: Slight decrease in operating costs. Action Required by Council: Consider approval or other action of this request to grant the City Manager authority to enter into a professional services contract with Cobb, Fendley and Associates, Inc. for the design, bidding and construction phase services for reconstructing roadway segments of Catlett, Belfast and Pineybrook with a total authorization of $127,950 including a $10,000 contingency. Approved for City Council Aeenda Corby D. Alexander Date October 30, 2013 Mr. Dave Mick Public Works Director City of La Porte 2963 North 23rd Street La Porte, Texas 77571 Re: Proposed Fairmont Park Ph. 1 & Ph. 2 Paving and Drainage Improvements Contract for Professional Engineering Services Dear Dave: ��� CobbFendley VIA EMAIL Cobb, Fendley & Associates, Inc. ("CobbFendley") is pleased to propose professional engineering services to the City of La Porte (City) in connection with a portion of the Fairmont Park Phase 1 & Phase 2 Paving and Drainage Improvements project. PROJECT This Fairmont Park Phase 1 & Phase 2 project will consist of replacement of the concrete pavement and drainage improvements on Catlett Lane, Belfast Road, and Piney Brook Drive. Phase 1 consists of improvements on Catlett Lane and Belfast Road from Valley Brook Drive to Piney Brook Drive as well as improvements on Piney Brook Drive from Antrim to Carlow Lane. Phase 2 consists of improvements on Catlett Lane and Belfast Road from Piney Brook Drive to Farrington Street. Additional project details are further described in Attachment "A". CobbFendley will prepare bidding documents for each phase to use on the project. AGREEMENT When accepted by the signature of the City's authorized representative, this Authorization and the documents referenced herein shall constitute the entire agreement between the City and CobbFendley with respect to this project. The specific tasks to be performed by CobbFendley in conjunction with this project are described in Attachment A, Scope of Services. Compensation for our services is also specified in Attachment A. Further provisions of this agreement are contained in the Provisions of the Authorization for Professional Services which is attached and constitutes a part of this agreement. SCHEDULE OF SERVICES CobbFendley is authorized to begin work on this project immediately upon receipt of the City's signature on this Authorization. CobbFendley will use reasonable efforts to complete the plans and contract documents within twelve weeks of its receipt of written authorization to commence services. C:\Users\hlyle\Documents\_PROJECTS\La Porte Fairmont Park\Fairmont Park Proposal.doc City of La Porte October 30, 2013 Page 2 of 5 PROPOSAL ACCEPTANCE If this proposal is agreeable to you, please indicate your acceptance by signing in the space provided below and return one copy to us for our file. This proposal is void if not accepted within sixty days of the date hereon. The opportunity to propose professional surveying and engineering services to the City of La Porte is appreciated and we look forward to serving you on this project. Sincerely, This proposal accepted by: COBB, FENDLEY & ASSOCIATES, INC. CITY OF LA PORTE, TEXAS 4W�m Heath Lyle, P.E. Project Manager Attachments Signature Print Name Title Date of Authorization C:\Users\hlyle\Documents\_PROJECTS\La Porte Fairmont Park\Fairmont Park Proposal.doc PROVISIONS OF THE AUTHORIZATION FOR PROFESSIONAL SERVICES 1. AUTHORIZATION TO PROCEED Signing this Agreement shall be construed as authorization by CITY for Cobb, Fendley & Associates, Inc. (Cobb Fendley) to proceed with the services, unless otherwise provided for in this agreement. 2. INTERPRETATION OF FEES Unless specified as hourly, the fees shown herein are considered lump sum amounts. 3. DIRECT PERSONNEL EXPENSE Direct Labor Costs means salaries and wages paid to Cobb Fendley's employees plus payroll related costs and benefits such as payroll taxes, worker's compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay applicable hereto. 4. DIRECT EXPENSES 5. 6. 8. 9. 10. CobbFendley's direct expenses shall be those costs incurred on or directory for the CITY'S project, including but not limited to necessary transportation costs including mileage at the current IRS rate, meals and lodging, laboratory tests and analyses, and printing and binding charges. These direct expenses shall be billed in accordance with the attached rate schedule, or at actual cost plus a 10% administrative fee. OUTSIDE SERIVICES When technical or professional services are furnished, with approval by the CITY, by an outside source; an additional 10% administrative fee shall be added to the cost of these services by CobbFendley to cover CobbFendley's administrative costs. COST PROJECTIONS Any cost projections by CobbFendley will be on a basis of experience and judgment, but since it has no control over market conditions or bidding procedures, Cobb Fendley cannot warrant that bids or ultimate construction costs will not vary from these cost projections. PROFESSIONAL STANDARDS CobbFendley will be responsible, to the level of competency presently maintained by other practicing professionals providing the same type of services in CITY'S community, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other services and materials furnished under this Agreement. Cobb Fendley makes no other warrant, expressed or implied. TERMINATION Either CITY or CobbFendley may terminate this Agreement by giving 30 days written notice to the other party. In such event, CITY shall forthwith pay Cobb Fendley in full for all services previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Agreement shall be terminated upon completion of all applicable requirements of this Agreement. OWNERSHIP OF DOCUMENTS CobbFendley retains the ownership of all drawings, documents, specifications, exhibits and reports produced by Cobb Fendley. Copies of these documents will be made available to the CITY upon request. INDEMNIFICATION To the fullest extent permitted by law, CobbFendley shall indemnify and hold harmless the CITY and OWNER and their respective officers and employees from and against all claims, actions, proceedings, liabilities, losses, damages, costs and expenses, including reasonable legal fees, which the CITY and OWNER and their respective officers and employees may sustain to the extent or degree on a comparative basis of fault arising from the negligent acts, errors or omissions of CobbFendley, its officers, employees or subconsultants, arising from the services provided herein. To the fullest extent permitted by law, the CITY shall indemnify and hold harmless CobbFendley and its respective officers, employees and subconsultants from and against all claims, actions, proceedings, liabilities, losses, damages, costs and expenses, including reasonable legal fees, which CobbFendley and its respective officers, employees or subconsultants may sustain to the extent or degree on a comparative basis of fault arising from the negligent acts, errors or omissions of the CITY. 11. LIMITATION OF LIABILITY THE LIABILITY OF COBB FENDLEY TO THE CITY SHALL BE LIMITED TO SERVICES PERFORMED SOLELY BY COBBFENDLEY. THE LIABILITY OF COBB FENDLEY TO THE CITY FOR ANY CAUSE OR COMBINATION OF CAUSES IS, IN THE AGGREGATE, LIMITED TO AN AMOUNT NO GREATER THAN THE FEE EARNED UNDER THIS AGREEMENT. COBBFENDLEY IS NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES THAT MAY BE SUSTAINED BY THE CITY OR THE CITY'S AGENTS. 12. MEDIATION If all claims, counterclaims, disputes and other matters in questions between the CITY and CobbFendley arising out of or relating to this Agreement or the breach thereof cannot be settled through direct discussion, the parties hereto agree to first endeavor to settle the dispute in an amicable manner by nonbinding mediation under the Construction Industry Mediation Rules of American Arbitration Association, before having recourse to arbitration or any other judicial forum. 13. LEGAL EXPENSES In the event that legal action is brought by CITY or Cobb Fendley against the other party to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 14. PAYMENT TO COBB FENDLEY Monthly invoices will be issued by CobbFendley for all services performed under the terms of this agreement. Invoices are due and payable upon receipt. Interest at the rate of 1.5% per month may be charged on all past -due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. If CITY is not the OWNER, CITY agrees to pay Cobb Fendley within 10 working days of receipt of payment from OWNER. 15. ADDITIONAL SERVICES Any services not included in the Scope of Services in this proposal shall be provided by CobbFendley, when specifically authorized in writing by the CITY, on a per diem and expense basis in accordance with the attached Rate Schedule. A copy of our "Supplement to Original Agreement' is attached. C:\Users\hlyle\Documents\_PROJECTS\La Porte Fairmont Park\Fairmont Park Proposal.doc City of La Porte October 30, 2013 Page 4of5 Attachment A Scope of Services Project Description Fairmont Park Phase 1 & Phase 2 Paving and Drainage Improvements This Fairmont Park Phase 1 & Phase 2 project will consist of replacement of the concrete pavement and drainage improvements on Catlett Lane, Belfast Road, and Piney Brook Drive. Phase 1 consists of improvements on Catlett Lane and Belfast Road from Valley Brook Drive to Piney Brook Drive as well as improvements on Piney Brook Drive from Antrim to Carlow Lane. Phase 2 consists of improvements on Catlett Lane and Belfast Road from Piney Brook Drive to Farrington Street. CobbFendley will perform services as follows: provide survey for the project limits, provide general designs required to bid the project, prepare bidding documents, attend pre -bid meeting, attend bid - opening meeting, and provide limited construction administrative services. DesiLrn Phase Tasks Upon receiving the City's authorization, CobbFendley will proceed with the project as follows: 1) Authorize the geotechnical engineer to proceed with exploration and report development. 2) Authorize the surveyor to procure the topographical information. 3) Analyze all relevant information and develop engineering designs. 4) Proceed to develop contract documents. Bid Phase Services: CobbFendley will assist the City in the bidding process, including attendance at a prebid meeting if desired, bid opening, tabulation and evaluation of the bids. CobbFendley will also make a recommendation for the contract award to the City. Construction Phase Services: CobbFendley will provide limited construction phase services as follows: ■ Attendance at preconstruction meeting. ■ Construction contract administration services throughout the construction phases. This will include review of pay estimates, and response to contractor's inquiries. ■ Provide communication between the City and the Contractors and consult with and advise the City. ■ Participate in the final acceptance inspections. ■ Construction inspection services and construction period site visits have not been included in this proposal. CobbFendley has construction inspection staff available should the City find it necessary to seek assistance in this area. C:\Users\hlyle\Documents\_PROJECTS\La Porte Fairmont Park\Fairmont Park Proposal.doc City of La Porte October 30, 2013 Page 5 of 5 COMPENSATION: The compensation to be paid to CobbFendley for providing the described engineering services will be as follows: Fairmont Park Phase 1 Paving and Drainage Improvements 1) Phase 1 Services (LS) a) Topographic survey.............................................................................................. $11830.00 b) Geotechnical Exploration and Report..................................................................$3 800.00 c) General Design -Paving, Drainage, Traffic Control, Details, SWPPP, Bidding phase services, limited construction admin, and (2) meetings ........ $51,200.00 Phase 1 Services Total...............................................................................................................$70,830.00 Fairmont Park Phase 2 Paving and Drainage Improvements 1) Phase 2 Services (LS) a) Topographic survey.............................................................................................. $10,520.00 b) Geotechnical Exploration and Report..................................................................$2,900.00 c) General Design -Paving, Drainage, Traffic Control, Details, SWPPP, Bidding phase services, limited construction admin, and (2) meetings......... $33,700.00 Phase 2 Services Total............................................................................................................... $47,120.00 Fairmont Park Phase 1 & 2 Total............................................................................................ $117,950.00 ADDITIONAL SERVICES: Additional service items that are more general in nature may be defined at a later date. These items, when specifically agreed to in writing by the City and CobbFendley, will be invoiced at direct personnel expense times a multiplier of 2.4 as called for in the original base contract with the City. Additional Services may include such things as: • Construction Surveying or Staking. • Construction period inspection or site visitation services. • Materials testing services (subgrade compaction, lime content, concrete testing.) • Services rendered in resolution of extensive claims by Contractor or City. • Comprehensive review of Bidder Qualifications C:\Users\hlyle\Documents\_PROJECTS\La Porte Fairmont Park\Fairmont Park Proposal.doc REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Requested By: Kenith Adeox Department: 11-11-13 Report: X Resolution: Ordinance: Exhibits: FY 2013 Chapter 59 Asset Forfeiture Report By Law Enforcement A2encv and Related Financial Records Back Up Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Per Chapter 59 of the Texas Code of Criminal Procedure, Article 59.06 (g) (1), "All law enforcement agencies and attorneys representing the state who receive proceeds or property under this chapter shall account for the seizure, forfeiture, receipt, and specific expenditure of all such proceeds in an audit, which is to be performed annually by the commissioners court or governing body of a municipality, as appropriate." In accordance with this requirement, a completed FY 2013 Chapter 59 Asset Forfeiture Audit Report By Law Enforcement Agency is attached, along with a summary of the fund balance, revenues and expenditures provided by the Finance Department, a financial print out for all revenues and expenditures reported under the state seizure project number (SZST) and copies of all expenditure receipts are attached for council review. Action Required by Council: 1. Review report; and 2. Consider approval or other action of the attached FY 2013 audit/asset forfeiture report and associated financial records as required by Chapter 59 of the Texas Code of Criminal Procedure. Approved for City Council Agenda Corby D. Alexander Date FY 2013 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY Agency Name: Repotting Period: La Porte Police Department (local fiscal year) 10-01-12 to 09/30/13 Agency Mailing example: 01/01/13 to 12/31/13, Address: 3001 North 23rd Street 09/01/12 to 08/31/13 etc. La Porte, TX 77571 Phone Number: 281-842-3101 County: Harris Email Address: This should be a adcoxk@laportetx.gov permanent agency email address NOTE,; PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE, DOLLAR. 1. SEIZED FUNDS A) Beginning Balance: $ o B) Seizures During Reporting Period: 1) Amount seized and retained in your agency's custody. 0 $ C) 2) Amount seized and transferred to the District Attorneypending forfeiture. Interest Earned on Seized Funds During Reporting Period: $ 0 $ 0 D) Amount Returned to Defendants/Respondents: $ 0 F,) Amount Transferred to Forfeiture Account: $ 0 F) Other Reconciliation Items: $ 0 G) Ending Balance: Instructious: Add lines A, B(1), C andF, subtract lines D and E, put total in line G. 0 $ II. FORFEITED FUNDS A) Beginning Balance: s57,577.42 13) Amount Forfeited to and Received by Reporting Agency (Including Interest) During Reporting Period; 48,51 6.00 $ C) Interest Earned on Forfeited Funds During Reporting Period : $ 136.83 D) Proceeds Received by Your Agency From Sale of Forfeited Property: s2,500.00 E) Amount Returned to Crime Victims: $ 0 F) Other Reconciliation Items; $ 0 G) Total Expenditures of Forfeited Funds During Reporting Period: $ 31 , 055.96 H) EudingBalancc: Instructions; Add lines A, B, C, D & F, subtract lines E & G, place total in line H, 77,674.29 $ Form Dale 1/15113 Page 1 Ill. OTHER PROPERTY Please note - this should be a number not a SEIZED FORFEITED TO RETURNED TO PUT INTO USE currency amount. Example 4 cars seized, 3 cars AGENCY DEFENDANTS / BY AGENCY forfeited and Q cars put into use. RESPONDENTS 1) MOTOR VEHICLES (Include cars, motorcycles, 2 tractor trailers, etc.) 2) REAL PROPERTY (Count each parcel seized as one item) 3) COMPUTERS (Include computer and attached system eomponents, such as printers and monitors, as one item) 4) FIREARMS (Include only firearms seized for forfeiture under Chapter 59. Do not include weapons disposed under Chapter 19.) 5) Other Property -Description: Other Property -Description: Other Property -Description: IV. FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY A) Motor Vehicles: # B) Real Property: 0 # C) Computers: 0 # D) Firearms: Q # E) Other: 0 # V. FORFEITED PROPERTY TRANSFERRED OR LOANED TO ANOTHER AGENCY A) Motor Vehicles: Q # B) Real Property. 0 # C) Computers: 0 # D) Firearms: 0 # E) Other: 0 # VT. EXPENDITURES A) SALARIES 1, 2. 3. 4. Farm Dab 1/15/13 Increase of Salary, Expense, or Allowance for Employees (Salary Supplements): Salary Budgeted Solely From Forfeited Funds: Number of Employees Paid Using Forfeiture Fonds: TOTAL SALARIES PAID OUT OF CHAPTER 59 FUNDS: $ 0 $ 0 # 0 $ o Page 2 B) OVERTIME 1, For Employees Budgeted by Governing Body: $ 0 2. For Employees Budgeted Solely out of Forfeiture Funds: $ 0 3. Number of Employees Paid Using Forfeiture Funds: ff 0 4. TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS: $ 0 C) EQUIPMENT 1. Vehicles: $ 0 2. Computers: s11,007.49 3. Firearms, Vests, Personal Equipment: 5 486.59 4. Furniture: $ 0 5. Software: $ 7,523.40 6. Maintenance Costs: $ 3,755.71 7. Uniforms: $ 8. K9 Related Costs: $ 552.77 9. Other (Provide Detail on Additional Sheet): $ 0 14. TOTAL EQUIPMENT PURCHASED WITH CHAPTER 59 FUNDS: S 23,325.96 D) SUPPLIES 1. Office Supplies: $ 0 2. Cellular Air Time: $ 0 3. Internet: $ 0 4. Other (Provide Detail on Additional Sheet) : Lock It Or Lose It Signs $ 600.00 5. TOTAL SUPPLIES PURCHASED WITH CHAPTER 59 )4UN'DS: E) TRAVEL 1. Total In State Travel a) Transportation: b) Meals & Lodging: e) Mileage: d) Incidental Expenses: 2. Total Out of State Travel a) Transportation: b) Meals & Lodging: c) Mileage: 3. TOTAL TRAVEL PAID OUT OF CHAPTER 59 FUNDS: $ 0 r'onn DHre IA 5113 Page 3 F) TRAINING 1. Fees (Conferences, Seminars): s7,130.00 2. Materials (Books, CDs, Videos, etc): $ o 3. Other (Provide Detail on Additional Shcct): $ o 4. TOTAL TRAINING PAID OUT OF CHAPTER 59 [FUNDS $ 7,130.00 G) INVESTIGATIVE COSTS 1. Informant Costs: $ 0 2. Buy Money: $ o 3. Lab Expenses: $ 0 4. Other (Provide Detail on Additional Sheet) ; $ o 5. TOTAL INVESTIGATIVE COSTS PAID OUT OF CHAPTER 59 FUNDS: $ 0 i-I) PREVENTION/TREATiYIENTPROGRAMS /FINANCIAL,ASSISTANCE 1 DONATIONS 1. Total Prcvcntion/Treatment Programs (pursuant to 59.06 (h), Q): $ 0 2. Total Financial Assistance (pursuant to Articles 59.06 (n) and (o)): $ 0 3. Total Donations (pursuant to Articles 59.06 (d-2)): $ 0 TOTAL PREVENTION/TREATM-ENT PROGRAMS I FINANCIAI, 4. ASSISTANCE / DONATIONS (pursuant to Articles 59.06 (11), 0), (n), (o) (d- 2)): 0 $ 1) FACILITY COSTS 1. Building Purchase: $ 0 2. Lease Payments: $ o 3. Remodeling: $ o 4. Maintcnaacc Costs: $ o 5. Utilities: $ o 6. Other (Provide Detail on Additional Sheet): $ o T TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: $ 0 J) MISCELLANEOUS FEES I. Court Costs: so 2. Filing Fees; $ 0 3. Insurance: $ 0 4. Witness Fees: $ 0 5, Audit Costs and Fees: $ 0 6. Other (Provide Detail on Additional Sheet): $ o 7. TOTAL MISCELLANEOUS FEES PAID OUT OF CHAPTER 59 FUNDS: $ 0 Pami Date 111510 Page 4 I{) PAID TO STATE TREASURY I GENERAL FUND / HEALTH & HUMAN SERVICES COMMISSION: 1. Total paid to State Treasury due to laek ofloeal agreement pursuant to 59.06 (c): $ 0 2. Total paid to State Treasury due to participating in task force not established in accordance with 59.06 (q)(1): $ 3. Total paid to General Fund pursuant to 59.06 (C-3) ( c) (Texas Depatsnent of 1 0 Public Safety only): $ 0 4.) Total forfeiture funds transferred to the Health and Human Services Commission pursuant to 59.06 (p): $ 0 5) TOTAL PAID TO STATE TREASURY I GENERAL FUND I HEALTH & HUMAN SERVICES COMMISSION OUT OF CHAPTER 59 FUNDS: $ L) TOTAL PAID TO COOPERATING AGENCY(IES) PURSUANT TO $ 0 LOCAL AGREEMENT: M) TOTAL OTHER EXPENSES PAID OUT OF CHAPTER 59 FUNDS WHICH ARE NOT ACCOUNTED FOR IN PREVIOUS CATEGORIES S 0 (provide detailed descriptions on additional sheet(s) and attaeb to this report): N) TOTAL EXPENDITURES: $ 31 ,055.9 NOTE: BOTH CERTIFICATIONS MUST BE COMPLETED AUDITOR I TREASURER I ACCOUNTING PROFESSIONAL CERTIFICATION I swear or affirm that the Commissioners Court, City Council or Agency Head (if no governing body) has requested that I conduct the audit required by Article 59.06 of the Code of Criminal Procedure and that upon diligent inspection of all relevant documents and supporting materials, I believe that the information eonlained in this report is true and correct. AUDITOR, TREASURER or ACCOUNTING PROFESSIONAL (Printed Name): TITLE: I-1 in e{ v, e4e— bi ✓ eic— SIGNATURE: DATE: to I � 3't (4 1 '� AGENCY HEAD CERTIFICATION I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of CriminalProcednre, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law. AGENCY HEAD (Printed Namc): \iQ ^ 5 l-`` 'R - �\a Coy Form Dale UM 13 Page 5 SIGNATURE: DATE: RETURN COMPLETED FORM TO \012IbI 43 Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711-2548 Attn: Kent Richardson (512)463-1591 Chapter59AuditReportu tcxasattorneygeneral.gov WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE ADDRESS ABOVE. Farm➢afe llli/13 Page 6 City of La Porte Seized Funds Reserve Balance Adjustment Beginning Balance 10-1-12 Add: Receipts Less: Expenditures State (a) $ 57,577.42 51,016.00 (032-0000-407-34-00) (Project SZST) (31,055.96) (Project SZST) Balance to transfer to reserve (b) 19,960.04 Add: Interest earnings fiscal year 2013 Ending Balance 9-30-13 (afbfc) _IJ . L, 136.83 $ 77,674.29 r �r ❑ r , W O , O O o O W, U- r o N N O t0 W M V tl' N N , O , MOD W (D h W (W Lo LO N ], Z rC . r r r r O O p p O p p O p p , . O O o O O O C. 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We'd like to let you know that Amazon has received your order, and is preparing it for shipment. Your estimated delivery date is below. If you would like to view the status of your order or make any changes to it, please visit Your Orders on Amazon.com. Your estimated delivery date is: Tuesday, April 23, 2013 - Friday, April 26, 2013 Your shipping speed: Standard [DrKer_6 talii Order Details Order #112-8006903-6572233 Placed on Wednesday, April 17, 2013 Your order was sent to: Michelle Bedford - La Porte Police Department - Gi 3001 N 23RD ST LA PORTE, TX 77571-3185 United States Futronic F888 Fingerprint scanner Electronics In Stock Sold by Fulcrum Biometrics ZC S $88.00 Item Subtotal: $88.00 Shipping & Handling: $9.49 Total Before Tax: $97.49 Estimated Tax: $0.00 Order Total: $97.49 1 From: sales@idwholesaler.com Sent: Tuesday, April 02, 2013 10:36 AM To: Bedford, Michelle Subject: Your ID Wholesaler Order (3003221 - $489.001 Sales Receipt C" fii o0. Sales Office, Remit To Address; H,_. W ho l e!sul e:r., ID Wholesaler North ID Wholesaler South printoidentificatian1ttiv 18640 Lake Drive East 1501 NW 163rd St Chanhassen, MN 55317 Miami, FL 33169 (800) 321-4405 (800) 321-4405 orders MWholesaler corm orders(@IDWholesaler.com Thank you for ordering from ID Wholesaler. This is your sales receipt. For orders using UPS Next Day Air delivery, our goal Is to ship in -stock items within 24 hours (holidays and weekends excluded), pending credit card veCMcation. For orders using LIPS ground, 2 Day Air or 3 Day Select, our goat is to ship in -stock Items within 48 hours, pending credit card verification (holidays and weekends excluded). Orders consisting of two or more types of items may be shipped from multiple locations: If you have any questions, please contact our Customer Support Team at supgort a 1DWhoiesaler.coM or by phone at (800) 321-4405 x 3 Please Note, A representativa from our accounting team may be in contact with you via telephone to verify your use of this credit card, This is typically a one-time veriflcatlon, Thank you in advance for your help in keeping our prices as low as possible. 113 Wholesaler Representative (if assigned); Todd ToOerg - Phone Ext. 137 Bill To: Michelle Bedford City of La Porte Police Department 3001 forth 23rd Street La Porte, TX 77571 281-471-3811 x 721 281-470-1590 be�rclrn�dlaportetx. croy Ship To, Michelle Bedford City of La Porte Police Department 3001 North 23rd Street La Porte, TX 77571 281-471-3811 x 721 281-470-1590 bed fordm@lanortetx. aov Order 1'r Umber. 3003221 Placed, 04/02/2013 11:35,39 EDT Payment Type, Payment Type: MasterCard XXXXXXXXXXXX3213 Code Name Quantity Price/Ea. Total F-P134-USB-R Topaz IDGem 4000 Fingerprint Scanner 1 $160.00 $160.00 86425 Upgrade to Asure ID Express 7 from Express S.x - 86425 1 $329.00 $329.00 1 Enter Your Current Asure ID Serial Number: 382TO50- $0, 00 $0, 00 DCOBYNI Shipping; FREE UPS Ground E}:0@ Sales Tax $ .00 TOTAL $489.00 Thank you for shopping with ID Wholesaler. Please contact ID Wholesaler Customer Support with any questions at (600) 321-4405 x 3. Tracking numbers are generally available within 24 hours of shipment. Click here to track Your order online. Click here to view our return aoRcy Note: To ensure that email correspondence from ID Wholesaler gets to you safely, please add us to your 5gfe Senders H t in your email client. 04 .ldertiSys Itientisys Inc, 768o Ct3rnni:erce Way, EdenPralrle,'MN 55344 RL:IY1It LO. P.O. 110k 10H6, M Intl4-tonICa, MN S5345-00$6 F=`a ,z.�s4.i�nn TDtt-fr°eo:13f3-ri,�37;�17s� r-.�sz-s75.a�6a Feel IDtf �l1-193f3'.567 Dts<fili {]444f�C}4Fs8 Bill To-, City of La Porte Attn; Accounts Payable 604 W Fairmont Parkway La Porte, TX 77571 INVOICE Invoice No: 160749-R Date, 2/25/2013 Account No: C084 Ship To; City of La Porte Police Dept Attn: Michelle Bedford PC# 130204 3001 With 23rd St La Porte, TX 77571 Sales Order No P. 0. Number Ship Method Payment Terms 'Payment Due 100521 130201 UPS Ground Due upon receipt 2/25/2013 "Remarks Sales Person This order contains a 36 month oa-site warranty forth-, pr)nter valid until 02125116, and Installation and training Colin Brofman for Zone A. iz5x5758036986-8816 Item No Description Serial No . Order Ship Blip UM- 'Price.' Disc Amount Z83.0000000US0 Zebra ZXP Series 811) Card Printer 069130400002 1.0 1.0 0.0 EA $4,799.00 $4,799.00 0 Dual -Sided w/ Single -Side Lamination 800012-180 Zebra I Series color ribbon 5 Panel 1.0 1.0 0.0 EA $169.00 $169,00 YMCKK, 500 Images 800012-601 Zebra I Series transfer film, 1250 1,0 1.0 0.0 EA $95.00 $95.00 images (single -sided), 62S Images (dual -sided) 000082-008 iSERIE5IMll-LAMINATE,ZXP 1.0 1.0 0.0 EA $99.00 $99.00 TOP, HOLO "SAFE",625 CAROS 7510 ISO Card HIP Prox CDmp2dble 600.0 600.0 0.0 EA $3.25 $1,950.00 ZXPB-IQT-A ZXPB Install and Quick Train Zone A 1.0 1.o 0.0 EA $639.00 $639.00 7XP8-OSW-A ZXP 8 upgrade to On5ite Zone A 1.0 1.0 0.0 EA $2,830.00 $2,830.00 ZXPB-OY2-A 7XP8 2nd year on5ita zone a 1.0 1.0 0.0 EA $0.00 $0.00 -ZXPB-OYJ-A 7XP8 3rd year onsite zone a 1.0 1.0 0.0 EA $0.00 $0.00 SR2013 Thank you for your order 1.0 1.0 0.0 EA $0.00 $0.00 TF113 Thank you for your order. 1.0 1.0 0.0 EA $0:00 $0.00 902-�,-h-, . A Lc- (- z ) Subtotal $10,581.00 Discount $D-OD Freight $D.DD Safes Tax $O.OD Invoice Total $iD,581.DD Balance Due $1D,S81AD Page I of 1 C3 i S y 3491 Mission Oaks Blvd. • Camarillo, CA 93011-6010 INV: 2432669 PAID: CREDIT CARD EXP: 02/15 SHIP: 01-02-13 VIA: CTC MICHELLE BEDFORD LA PORTE POLICE DEPARTMEN 3001 N 23RD ST LA PORTE TX 77571 MICHELLE BEDFORD LA PORTE POLICE DEPARTMEN RES-CODE: B : 3001 N 23RD ST : LA PORTE TX 77571 PHONE: 281 842-3190 CN#$ 155G04600 PRO #It 11994-6 PRO #2: LN SYM ITEM DESCRIPTION OR BO RF SP W.O. THRU TAX ADJUST 40.14 c PRICE EXTEN BO CODE PAID ISSUED CHKNO MDSE TAX FREIGHT HANDLNG . 01/09/13 01/08/13 40.14 ADJUSTMENT / REFUND THESE COMMODITIES, TECHNOLOGY OR SOFTWARE WERE EXPORTED FROM THE UNITED STATES IN ACCORDANCE WITH THE EXPORT ADMINISTRATION REGULATIONS. DIVERSION CONTRARY TO U.S. LAW IS PROHIBITED. 63Z 5z535��za�s ji L TOTAL 40.14 Dove, Melissa From: Bedford, Michelle Sent: Monday, December 31, 2012 4:14 PM To: Dove, Melissa Subject: FW: Harbor Freight Toofs Order Confirmation Melissa, Charge to 03252535212015 -- SZST They will refund tax later once I send in certificate. lust wanted to go ahead and send this for FYI should it post. -----Original Message ----- From: cs� arborf rei8ht.com [mailto:cspharborfreighht.com] Sent: Monday, December 31, 2012 4:12 PM To: Bedford, Michelle Subject: Harbor Freight Tools Order Confirmation Thank You for Ordering from Harbor Freight Tools Here is your Order Confirmation Order ID:2432.669 Order Date:2012-12-31 14:12:06.711 ***Order Summary*** 40 69295-VGA 12 Ft. 8 Gauge Heavy Duty Booster Cables $479.60 Subtotal: 479.60 / l Tax Rate: 0.0825 f 1 Tax Total: 40.14 !!! ! Shipping: 6.99,�Q, Handling: 0.00 (�'4 TOTAL: $526.73�'` your order will be sent via HFT Shipping ***NOTE: This is a copy of your order. Charges are not final until the order is processed.*** To check status of your order please call 1-800-444-3353. Please be sure to have your order number. These commodities, technology, or software were exported from the United States in accordance with the Export Administration regulations. Diversion contrary to U.S. Law is prohibited. I C5 Anderson Software, LLC NEW ADDRESS: 1222 Virginia Drive Kerrville, TX 78028 (936)585-4874 BIIITo , Steve Deardorff La Porte Campus Crime Stoppers 3001 N 23rd St LaPorte, TX 77571-3185 USA Anderson Software, LLC Invoice bate ?InVolce# 10/01/2012 5660 Terms ., Due on receipt I'1eaNe Jelnch Iop Portion and rerurn Nvidi your payment Ainount;E7ue ' Enclosed $299.40 Date Account S.utticnary , Amount: ' 10/01/2011 Balance Forward $299.40 01/09/2012 Payment received -299.40 New charges (see details below) 299.40 Total Amount Due $299.40 ,DescriptionRate ArrioLin t ;. . • DynaSite Web Package 12 24.95 299,40 • Subscription Period: NOV 8 2012 THRU NOV 8 2013 1 0.00 0.00 is 1 �,l 1 rF - L-'-r•' Thank you... we appreciate your business and Total Of New Charges $299.40 confidence in our products. Total Amount Due $299,40 roll-- vA UVAa. 11VaDV 1V11111 jJaY11LG11L 111 V.J. dollars only or payment will not be accepted and a $20 USD service charge will be applied. (936)585-4874 Invoice 5660, 10/0112012 kev@andersofi.com TEXAS WORKFORCE COMMISSION Texilrlsv-rt AUSTIN, TEXAS Workpice TWC INVOICE# PC2295 4 0 11 ft I & I 1 6 N November 30, 2012 Contract #2912PEN014 flvffie kaugP-7-Plifil; NP A N I L Texas Workforce Commission (320) La Porte Police DeDartment Revenue and Trust Management 3001 N. 23rd Street P.O. Box 322 LaPorte, TX 77571 Austin, Texas 78767-0322 Contact: Warren Collier Contact: Betsy Bergeron Phone: (612) 463-8650 Phone, (281) 842-3173 R, swtPtlpftl",'-' pi till --ih IMP !-";N TWC shalt December 1, 2012 November 30, 2013 1-10 $1,600.00 $1,500.00 La Porte Police Departnient with online "read-only" access to LJ) screens. $1,500.00 D i'Msdf K-T Agency authorizes on-line "read-only" access to the following Agency mainframe computer screens: 1) Wage Record File (BN74 screen) 2) Ul Claims Function - limited access 3) Employer Master File Inquiry $1,600.00 Total $1,600.00 service Provldqr Manager's Signature., Date Agency Certification - I certify that the above services were rendered, or goods fecelved and that they correspond In every particular with the contract under which they were procured and that the Invoice is true, and unpaid and that the olalru was presented to the 818te within the applicable llmltation8 period, I TWCEmpi yea SlUnature; Date I I I exas Workforce Commission A Member of Texas Worldorce Solutions November 30, 2012 6on Ms. Betsy Bergeron CID Specialist La Porte Police Department�� 3001 N. 23rd Street La Porte, TX 77571 Re: TWC Invoice #PC2295 Contract #2912PEN014 Dear Ms. Bergeron: Andres Alcantar, Chairman Commis,.ioner Minwenling die Public Ronald C. Congleron Commimioncr Rcpresenling Labor Tom Paukcn, Commissioner kcpresrnring Employers Larry E. 'lcrnhle Executive Direclor According to provisions of the contract between the Texas Workforce Commission (TWC) and the La Porte Police Department, "online, read-only computer access" to specific TWC mainframe computer screens is provided to authorized employees. As per Section 3.1.1 of Attachment A of the contract, enclosed is the annual ipvoice for the period of December 1, 2012 to November 30, 2013 in the amount Qf'�$1,600.00. Please remit payment to the address below within 30 days of the receipt 8�ti�ietts -.---- Please include the TWC Invoice number on the payment. Texas Workforce Commission ATTN. Revenue and Trust Management P.O. Box 322 Austin, Texas 78767-0322 If you have any questions regarding this request for payment, please contact me in Revenue and Trust Management at (512) 463-8550. Sincerel , Warren Collier, CPA Director, Revenue and Trust Management Enclosures 101 E. kith Strcet • Austin, Teas 78778-0001 e (512) 463-2222 ° Relny'rexas; 800-735-2989 (TDD) 800-735-2988 (Voice) • ivwmtexnstvarkfbrec.arg Equal Opportunity Employer I Services —V 5XAS— WGRKFORCE SOLUTIONS —****F— r v�e p�rwl PublicEngineg"' Creators of CriineReports, CommandCentrai and TipSoft 11781 South lone Peak Parkway Suite 200 Draper, UT 84020 La Porte Campus Crime Stoppers Attn: Accounts payable/Steve Deardorff 3001 North 23rd Street La Porte TX 77571 111/9/2012 11/8/2013 TipSoft v5 Online, WebTips & SMS Text Tips Annuai Subscription Renewal Agency Contact: Steve Deardorff Billing questions? 1=mafl or calf prior to due date: accounting@publicengines.com 1 (801) 828-2719 Remittance Slip Invoice # 16571 Amount Due $1,200.00 Amount Paid Please Enter Your Credit Card Information Type, Discover Master Card VISA American Express Credit Card #: Expiration Date: Month _Year Signature: — Completed credit card information may be faxed to.(801) 998-3093 or scanned and emaiied to accounting@pubifcengines.com. Federal Tax II]# 65-129549B Invoice Invoice Date 10/1/2012 Invoice # 16571 Due Date 10/31/2012 Agency ID # 119748 Net 30 11 1,200.00 [ 1,200,001 Invoice Total $1,200.00 Public Engines, Inc. Make Checks Payable To Public Engines, Inc. 11781 South Lone Peak Parkway Suite 200 Draper UT 84020 rNAW.!"'. Inv®ice r 00 ®u ® `� l TM invoice Date 9/1/2012 ® Creators of CrimeReports, Command Central and TipSoft Invoice # 16305 11781 South Lone Peak Parkway Due Date 10/1/2012 Suite 200 Draper, UT 84020 Agency ID # 111598 UH11-on La Porte Police Department Attn. Accounts Payable 3001 N 23rd LaPorte TX 77571-3185 Billing questions? Email or call prior to due date: accounting@publicengines.com 1 (801) 828-2719 Invoice Total $3,588.00 Remittance Slip Public Engines, Inc Invoice # 16305 Amount Due $3,588.00 Amount Paid Please Enter Your Credit Card Information Make Checks Payable To Type: Discover Master Card VISA American Express Public Engines, Inc. Credit Card #; 11781 South Lone Peak Parkway Expiration Date; Month Year Suite 200 Signature; Draper UT 84020 Completed credit card Information may be faxed to (801) 998-3093 or scanned and emailed to accounting@publicengines.com. Federal Tax ID# 65-1295498 <pdfexpjode> </pdfexplode> Barbara I Schott Harris County Auditor 1001 Preston, Suite 800 Houston, TX 77002 Ph: (713) 755-1160 La Porte, City of - Police Dept Attn: Accounts Payable 604 W. Fairmont LaPorte , Tx 77571 Page# Invoice Date: 811l2012 Invoice Number Customer # Total Due 2012070000633 746001552 1,134.00 REMIT PAYMENT TO: Amt Paid Harris County Treasurer Orlando Sanchez 1001 Preston, Room 652 Houston, TX 77002 This invoice is for County services. Amounts are due upon receipt of the invoice. If you have any questions contact Accounts Receivable at (713) 755-1160. Please detach and mail this top portion with payment. y ork Order# Asset # SertaI# Date In Date Out ! PO Reference ivll_ii : Co"ritac 20001519 500CFX2437 500CFX2437 2012-06-29 2012-06-29 PD Police Department Sgt Stewart Description of Services -Q—t C Price IteM Total Align/Adjust 0.75 72.00 54.00 Diagnostics 1.00 72.00 7100 FCC Check 0.25 72.00 18.00 Firmware Upgrade 0.50 72.00 36.00 Programming - Radio 0.25 72.00 18.00 Service Rea: Program mobile radio With channel 3 supervisor -written approval recieved Action Taken: Diagnostics, Unit Needs and Performed PM, Aignment, Firmware Update and Reprogramming , Tested Unit for Proper Operations, Radio Works at County's Specs, Returned Unit Back to Customer. 6/29/2012 EP ** See Atachment for Aproval Superviser Channel ** A Work Order Total: 198.00 to) 20001557 MULTI -ASSET 2012-07-03 2012-07-03 PD Police Department GARY RICE `J Description of Services G1ty Price Item Total 4 Programming - Radio 1.00 72.00 72.00 }�� 1 �i J e' Template Maintenance 12.00 72.00 864.00 Service Rea: RE PROGRAM RADIOS Action Taken: Updated clone for emergency, Programmed four radios for testing. Work Order Total: 936.00 NIP Ticket Count: 2 Parts Total: 0.00 Labor Total: 1,134.00 INVOICE TOTAL_ 1,134.00 ��� - J¢orsefon .��far�afor� ..Ytic. 1835 N. Shepherd Dr. Houston, TX 77008 S-2 --MnTORRiJILT EB' SC/ 4/19/2013 1055 affi"� Ell lim CO rn a o 0 0 0 a O cu a p C } O � �- C13 R — m 899M 1 899.00 www.HoustoDMerna(or.com $899,00 281-353-8677 INVOICE STORE HOURS 1-888-590-4769 PICKUP SPECIALTIES 9-5:34 M-F TRUCK ACCESSORIES SUPERCENTER 2445 FM 2920 FAX 281-651-8510 www.pickupspecialties.com SPRING, TX 77388 ALL AMERICA SALES C/O MIKE 1410 COLLEGE AVE ORDER DATE 2120/ 13 ORDER NUMBER SALES DATE 3126M 3 PO 130226 INVOICE 178231 SALESMAN Rochelle South Houston TX 77587 713-944-8400 MIKE 281-898-0278 DANNY ordered by bedfordm@laportetx.gov Rochelle YEAR TRUCK MAKE INTERNET RENTAL DIST 2013 FORD EXPEDITION X SERIAL # PRICE CAMPER MODEL COLOR CODE VIN # INSTALLER ---i QTY PART I DESCRIPTION RACK PRICE EXTENDED 1 TRUCK VAULT ONP DRAWER MAGNUM $1965.001 $1965.04 1 MID SIZE 3rd seat installed and folded. $0.00 1 5 BUTTON SIMPLEX KEY OIR LOCK $0,00 1 BLACK COMP DRAW. FRONT $O.flO 1 BLACK CARPET IN AND OUT $0,00 1 DISCOUNT -$196,50 -$196.54 hienir�c� SHIPPING AND HANDLING GROUND $200,00 Install Charge L STATUS SUB TOTAL 0% TAX TOTAL DEPOSIT BALANCE Paid Po 130226 $1,768.50 $0.00 NO $1,968.50 INTERNET $1,968 50 EXR R LF NO RETURNS ON SPECIAL ORDERS, 15% RESTOCKING FEE ON ALL RETURNED MERCHANDISE, $25.00 FEE ON ALL RETURNED CHECKS Rental Disclaimer 1 NORTH LOOP AUTO SUPPLY 201 EAST 20TH HOUSTON, TEXAS 77008 DUPLICATE (713)869-6516 FAX 863-8944 SOLD TO LA PORTE POLICE 3002 NORTH 23RD TYPE OF PMT : CASH LA PORTE TX 77571 TRANSACTION REP $# CASH INVOICE 000363340 DATE PAGE 02/11/13 1 TIME: 8:24 SHIP TO SAME CUST PO## SHIP VIA A/N CLR JOB # SLP TERMS ------------------------------------------------------------------------------------------------ L20 RWD ORD SHP TRC MFG PART ## DESCRIPTION SELL PR TOTAL 1 1 I ** PICS141PT TRAILER WIRE ✓ '00 22.14 22.14 2 2 I ** PET426-10 MODULE BOX +^ 37.92 17.23 34.46 4 4 I ** PET426-18 GROMMET ✓" 4.18 1.59 6.36 4 4 1 ** PET431--491 PLUG ✓ 4.39 1.58 6.32 2 2 1 ** PETV42GR STOP/TAIL►^ 14.79 6.16 12.32 2 2 I ** PFTM426R-24V LIGHTS 22.25 11.42 22.82 NOR] HLOUP AUTO SUPPLY 201 E 20TH ST HOUSTON, TX 77008 713-869-6516 02/11/2013 05:5�;03 Merchant ID; XX?0000 `?.X 8082 Device TO: 1123 TerminalID.,PD061, CREDIT CARD MC SALE CARD #7 )00X00=30? TRANS # 001 Batch 4: 0 Approval Cade; 083157 TRANS ID; MCFEP3GAW0211 Entry Method; manuai SEPTEMBER 3 2011 Mode: Online J CLOSED ON SATURDAYS Tax Amount; Card Code; SALE AMOUNT $104,42 SUBTOTAL: 104.42 .00 GRAND TOTAL: 104.42 STORE PRONE 11 281 470-228° FIRST Auto Paris ALUM- 409 WEST FAIRvONT PART{ AY LA PORTE TX 7757i—E-W Far.PrafessranaIs M-11T TI]s PO BOX 9464 i BILL TO SHIP TO SPRINGFIELD IrIU 6` 801-94G4 Im93689 05zd-2l?6855 CIT1' OF LA PORTE M1. MID SALE 6011 VEST FAIRI-IONT PI(WY LA PORTE TX 77571 1117/13 COUNTERi SPECIAL INSTRUCTIONS SHIP VIA CUSTOMER '"POE OF FILLED CHECKED N0. ORDER NO. OROFR ! 13Y ny I I ; 7Ak C Dri. LINE ITEAi NUh79ER. hAS.lCD, DESCRIpTIDN PR CISTE NET ° r PRICE I O°AC PRICE E PRICEED l-) f r•ee Q5 �Biscl Pro lift C r I i�illlll-h:the PklrVI18S1- Df WO in' Uitiva pr ollixfS �� i 8 8i1 609 EI 6l r,00 PLUG 15. �! ' 8. 99 ? : - 92 �l;NiaUIT i!ARDPC xxxxxxxxx YX3119" RIIri1; 3017A1@45157 iAUTH CA: 96475 i ; I 8 CtJ� -1 - - — - f TBTALS� I "Wa npprec'6tc your LNsiness" i ry 7 y ` SUB -TOTAL vl€° Y 11: �JF 1. 71a • - I MISC. CUSTOMER SIGNATURE � ✓ CASHTEND, - TAXIFEES aQC1 CHANGE 1 i TOTAL 71.92 Mac Motors, Inc. Fort Polk 1271 Entrance Road, Suite 4 Leesville, LA 71446 FAX 337-537-0446 PHONE: (337) 537-0231 Remit to 635 Louis Dr WarminsterPA 18974 CusT No: 77571 TERMS: CASHJCHECKIBANKCARD RESALE NO: 9999 APPLY T0: REFERENCE: ORDR # 607962 J013 No: 000 DEL. DATE: 1I9/13 PAGE NO 1 u. < r rI h r DATE: 1I9I13 TIME:11:22 CLERK: JASON TERMINAL:562 SALESPERSON: H HOUSE ACCOUNT TAX: DEFNon-Taxable ORDER: 607952 INVOICE G07954 MFG 'PART NUMBER - ORDERED SHIPPED BKO LOCATION NET NET CORE EXT. AMOUNT 1 FSN 6220-01-322-2271 1 1 BB502 57.96 57.96 CN CONTROL 2 HUM 11613631 1 1 CA26A 78.03 78.03 CN FLASHER -SOLID STATE 3 00-789-3706 4 999 F 1 1 9.00 9.00 *N FREIGHT 6 1Z40V9E60349917430 6 Number of packages=1 7 Total Weight 3.00 Returns w/o MacMolors assigned RGA#s will be RE>~USED!1111!1!1 ✓ •' s l '* PAID IN FULL ** 144.99 TAXABLE 0.00 NON-TAXABLE 144.99 SUBTOTAL 144.99 �j TAX AMOUNT 0.00 TOT WT: 11.10�,1 BANKCARD PAYMENT 144.99 VTOTA 144.9BKCRD# X Received y LOHMAN GLASS COMPANY 228 N. 81h Street Invoice La Porte, TX 77571 Business: (281) 471-9452 .- 020837 Fax: (281) 471-0830 �- - 1012612012 Lieutenant Rice La Porte Police Department La Porte, TX,77571 COD 281-898-0263 Lawrence Marshall Replace (6) windows for Police Vehicle w/ 1/4" Clear Laml (2) @ 1.00 $153.88 $153.88 16"x38"With Pattern Cut ,(2) @ 20x15",(2) @21'x 15". Labor and Installation 1.00 $188.00 $188.00 r.�d -mot& $341.88 $0.00 � ace©ITI�� •U m m .y. 4 N >v r x Ica zj zj ~ _ d cc 4V F m C+] W N � $341.88 $0.00 4 $341,88 n 90 days Total $0.00 $0.00 m M 56 MI ROA R. P - - go in m C�3 Z M p 0(T) 0�7 i 0) a ) C? C D W� �0�1 C�ui O LO co Wes- f-- r. 0 V Lo "lk Qi+Mcn �-4 00 W .. MM t` i^- XX O -4 Ch Li OO (D LLI O C7 'fa [V U �D CD Cacl l- �V I l Lam• ci NT O C3 W S H�� LL dJ JJ L�� % = -4-4 LLIi1 rn.Hr W CI-4. Ld x fo EEcOna Q Ldinoo LWu O x CV U3 NKL �!!1 F` ¢ U X W WXh Co oM oO c co ww LS3 D_ } ,/ U 04 �JRX Cl d X ` W JWn Ls. 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Cl 4 CI t`1 LOU3Q£VNNNLL(i]4SOOO'CT7 .,�'13 C)r-rn��o (nv C%j iV CC9 °0 cq -4 Loo U-)-4r�-+1M000 CD mco� L"- r- n ([� C7 CD r` f-+ L- L-1- r- r• C�1 C4 "� ,i -i 0�-r N "C"4 C4 CN LV N r- r- r� rl 00 00 i- L- t- L- r- r• L- �1C°3c�C'3C*iC?MC)C9M6'�MM Op�pPOO�Qpppppp OC3C:�OC7(7C)CD C] o a L _0 a Ot3 X � C:)C L 7Q m , . it ] c7 0 a 3 t6� O C 3 N 4 O C) [Ltl m IZS L +-j �^ m (n I Q m �Ci7 dO M 00 \J C � Ix C V 1 _ 117 H LY rr- C7 C CCD LIJ DCF)V>2f X IU O LLL x ecnc!: x L to co ca Jcccx° LLuut�3� �4LL[�jxHI~[� Lit -ICCW`3 n1V�Xrti I---F-Q Ld mOCD � I NC:� N CD d r LaPorte, TX 77571 United States Payinent, jnfoiniation Payment Method: Credit Card Name on Card: Jesse Arenivas Card Type: MC Last Four Digits: 3502 Shipping' nfoarmaton. Recipient I Jesse Arenivas 5 K9 3001 N. 23rd st LaPorte, TX 77571 United States (832) 964-6997 Comments: Shipping Method: UPS Ground Qty 'Rein # _ I)escjrlp PIU, Pxice 2 ET6420 Stainless Steel Feed Pans $15.98 5 Quart 3 ET6034 Stainless Steel No -Tip Feed Pans $47.97 96 Ounce Subtotal: $63.95 Garand Totals: Subtotal: $63.95 Shipping Total: $10.00 Tax Total: $0.00 Grand Total: $73.95 In -stock items ordered after 4pm EST will be shipped the following business day. 2 United States Pay;ent'rnfo m-"Ation Payment Method: Credit Card Name on Card: Jesse Arenivas Card Type: MC Last Four Digits: 3502 Sli Mg' - 1 i M.01on, Recipient 1 Jesse Arenivas 5 K9 3001 N. 23rd St LaPorte, TX 77571 United States (832) 964-6997 Comments: Shipping Method: UPS Ground ite Qty" .m # DescriptiQi Price 2 BB01-64 64oz Buddy Bowl $49.98 1 OP145 Durapet Stainless Steel Bowls $18.99 4 1/2 Quart Grand Totals: Subtotal: $68.97 Subtotal: $68.97 Shipping Total: $10.00 Tax Total: $0.00 Grand Total: $78.97 In -stock items ordered after 4pm EST will be shipped the following business day. 2 ,z � Coupland Crafts &5igns Inv(,. 118 South 5th Street La Porte, TX 77571 DATE INVOICE ; Phone 281-867-0678 3/5/2013 27376 Fax 281--867-0679 Order Location BILL To City Of LaPorte 604 West Fairmont Parkway LaPorte, Tx. 77571 Wif aeeFnr • MAStERCARD • DISCOVER REP P.O. NO, TERMS SHIP VIA CUSTOMER NAME PHONE DC Due on receipt WILL CALL Jeff Tippit 281-842-3174 QTY ITEM DESCRIPTION RATE AMOUNT 40 j aluminum 11x17 Hid it Lock it signs 15.00 600.00 GUUPLAkI) GRAFTS & Si&NS 118 SO4TH 5TH ST LA PORTS TX 77571 281-867-0578 Merchatijt ID: 000600210129 Ref N: 0005 Sale KKKK99997791 10STERORD Entry Method: Saiped 'fatal: $ OR 03i1V13 15:16:07 lnu u: WN6 kpr Cade: 082887 Apprud: Online 6atchR: M377 Customer COPY THANK YOU COME AGAIN Thai E-mail copesigns@ciol.com Web www.couplandsigns.com Total $600,00 Fl Joe serlo Get the Nerve to Succeed October 2, 2013 To: Lee Stewart La Porte Police Department From: Joe Serio, Ph.D. Joe Serio Enterprises Keynote Speaker and Trainer Manage Your Fear, Time, Communication, and Leadership INVOICE Re: Leadership and Legacy class at La Porte Police Department Please remit $980.00 for nineteen (19) attendees at the Leadership and Legacy class held at La Porte Police Department on Tuesday, September 24. Please make payment payable to: Joe Serio 2801 Wells Branch Parkway #432 Austin, TX 78728 If you have any questions, please feel free to contact me at joe@joescrio.com 0 2013 Joe Serio Fnterprises. 2801. Wells Branch Pkwy #432, Austin, TX 78728 1 936-577-8345 info@joeserio.com Facebook: /JoeSerioEnterprises I Twitter: @JoeSerioEnt Sgt.Brian Harris Alert Group Law Enforcement Training Services 18015 Spell Brook Drive, Houston Texas 77084 077548529 Bih101697 cr,hotmail,com 281-732-3434 Course; Dates: July 24, 2013 Fees: P.R.W.T.I.M.E. Interviewing Open 675 Total Cost *675 1. Per agreement instructor will/has provided host agency with T.C.L.E.O. S.E, approved lesson plan 2. Instructor will provide Class handout booklets that is bound over 150 pages of colored resource material, for as many as 50 3. Instructor will provide his own transportation, meals, 4. Payment is due on or before the first hour of instruction, 5. Instruction day consists of eight hours of classroom time each day of instruction 6, Instructor will provide host agency with a copy of the power point used, it is to be kept for auditing purposes only and is the property of the instructor. (Host agency can charge what ever fees necessary to outside agencies as per agreement between the host agency and any other agency that may attend the seminars) Class time will begin at 0800 hours and end at 1700 hours. The training will consist of 8 hours. The services rendered are on a quarterly basis for the Laporte Police department. All checks should be made payable to Brian Harris Sgt.Brian Harris Alert Group Law Enforcement Training Services 18015 Spell Brook Drive, Houston Texas 77084 077548529 _ B j h i 01697aa,hotm_ail. corn 281-732-3434 Course: P.A.I.M.T.I.M.E. Interviewing Dates: Tuesday June 4, 2013 Fees: 675 Open Total Cost *675 1. Per agreement instructor will/has provided host agency with T.C.L.E.O.S.E. approved lesson plan 2. Instructor will provide Class handout booklets that is bound over 150 pages of colored resource material, for as many as 50 3. Instructor will provide his own transportation, meals . 4. Payment is due on or before the first hour of instruction. 5. Instruction day consists of eight hours of classroom time each day of instruction 6. Instructor will provide host agency with a copy of the power point used, it is to be kept for auditing purposes only and is the property of the instructor. (Host agency can charge what ever fees necessary to outside agencies as per agreement between the host agency and any other agency that may attend the seminars) Class time will begin at 0800 hours and end at 1700 hours. The training will consist of 8 hours. The services rendered are on a quarterly basis for the La Porte Police Department. All checks should be made payable to Brian Harris biUORPORATE JTRATEGMS BYSKILIPATH` I Tininiq • Decxlopmear • Cunddog 0 Invoice #137090 Federal I.D. #43-1685651 Duns # 87-820-6937 March 25, 2013 Contact Information: Marcus Upchurch Sgt La Porte Police Department La Porte, TX 77571 Training Start Date: May 10, 2013 Consecutive Days of Training: 1 Training Location: La Porte, TX Training Topic: The Conference on Leadership Development & Teanibuilding Attendees: 25 Purchase Order #: Payment via Credit Card: ❑ AMEX ❑ MC ❑VISA Card#: Name on Card: Bill To: Via e-mail to: upchure[iiii@lapoitetx.gov Contract Price: $3,500,00 Amount Due: $3,500.00 Due Upon Completion of Training Carol will be charged upon receipt Exp. Date: Payment receipt emailed to: _ If applicable — note daily charge limit amount: To ensure proper credit to your account: • Make payments payable to Corporate Strategies by SkillPath • Reference invoice number 137090 with your payment • Send checks on lo: Corporate Strategies by SkillPath P.O. Box 803839 Kansas City, MO 64180-3839 • Email or Fax thispyge ivith credit eard infornrrrlion to Lhartiiian@skillpath.com 1 {913} 677-5224 Thank You For Choosing Corporate ,Strategies by SkillPath For Of ce use Only — 278091 / Micheal Jackson 10MMME 6900 Squibb Road • Mission, KS 66202 • 800.767,7545 IMN UORPORATE JTRATEGIES BYSTOLLPAT11' i Trniuir • De[relalarrru[ • Cunthirg PAYMENT CONFIRMATION STEP ONE — Please confirm that the contact listed below is correct for payment inquiries: Organization: La Porte Police Department Address: La Porte, TX 77571 ContactPerson(s): Marcus Upchurch Office Phone: (281) 842-3171 Fax: E-Mail Address: upehurelian@laportetx.gov STEP TWO — If above information is not correct, please provide alternate billing information: Contact Person(s): Organization: Address: City, State, Zip: Phone: Fax: E Mai] Address: STEP THREE —Does your company require a Purchase Order for payment? Yes or No If so, please provide the P0ff here: STEP FOUR— Please specify any additional information to ensure timely payment of vendor invoices, Please fax the updated information to SWIPath at (913) 677 5224 For Office Use Only — 137090 / 278091 Micheal Jackson MEM 6900 Squibb Road . Mission, KS 66202 • 900.767.7545 UORPORATE STRATEGIES BY SKILLPATH' 1 TmiWag • Developurenr • Gbeidjiq Letter of Agreement March 25, 2013 Marcus Upcburclr Sgt La Porte Police Department La Porte, TX 77571 Thank you for choosing Corporate Strategies by SkillPath for your current training needs. Please take a moment and review this Letter of Agreement. We have already begun the necessary steps to ensure a successful training experience for you and your associates. Invoice: #137090 Training Topic: The Conference on Leadership Development & Teambuilding Training Start Date: May 10, 2013 Consecutive Days of Training: 1 Training Time: 8:00 a.m. to 3:00 p.m. Training Location: 3001 N 23rd St La Porte, TX 77571 Training Cost: $3,500.00 Attendees: Includes all costs for up to 25 attendees. Additional attendees may be trained for $75 per participant. Corporate Strategies by SkillPath agrees to provide: La Porte Police Department agrees to: • a professional trainer • provide a meeting facility • workbooks for attendees • provide audio/visual equipment • certificates of attendance • no video or audio taping of the seminar Payment Terms: Due upon completion of training. Cancellation or Rescheduling: If La Porte Police Department cancels the training date(s), SkillPath will invoice for 50% of the training fee(s) to cover business costs incurred. If La Porte Police Department changes any scheduled training date(s) within 45 days of the training date(s), SkillPath will invoice $750.00 per date to cover business costs incurred. Please note that changes to training topics or times could result in additional charges, SkillPath Contracted Trainers and Materials: LaPorte Police Department agrees not to enter into any direct contract with SkiliPath trainers. La Porte Police Department also agrees to contact a SkillPath representative to coordinate any and all future work with SkillPath trainers. Additionally, the Training materials and content are the property of Corporate Strategies by SkillPath. La Porte Police Department acknowledges that the copyright, interest in and title to the training materials and content and any trademarks or service marks relating thereto remain with SULPath. Neither La Porte Police Department nor its authorized users shall have the right, title or interest in the training materials and content except as expressly set forth in this Agreement. This document serves as a binding contract between SkillPath and La Porte Police Department, If any information contained in this confirmation is incorrect, or if you have any questions, please contact me immediately at M7ackson@skillpath.com or call me at (913) 677-6275. We look forward to working with you on this important training initiative. Sincerely, Micheal Jackson Account Manager SLX4 278091 l Him 6900 Squibb Road . Mission, KS 66202 . 800.767.7545 Form-9 Request for Taxpayer (Rev.December 2nf1) 1dentlf catlon Number and Certification peparlmen' e1 Iho Treasury Internet Revenue Service Marne (as shown on your tncome tax return) Graceland College Center for Professional Development and Llfeiong Learning, Inc. N Business nameldisregarded entity name, if different from above U Corporate Strategies by SkillPath a Check appropriate box for loderal tax classification: c o ❑ fndlvUuallsc1e ro rlelor ✓ C Corporation s corporation p ❑ Trusllestate a p p ❑ A ❑ A ❑ Partnership m c fl o ❑ Limited fiablRy company. Emer the tax ctaaOlcatloa (C=C corporalton, S=S corporatlen, P-partnership) h o 2 c V p u ❑ other (see Instructions) 0- Address (number, street, and apt, or suite no.) Requester N6900 Squibb Road q1 City, slate, and ZIP code ar N Mission, Kansas 66201.2768 accowl numberfs) here Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withho(dfng. For individuals, this is your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the Part 1 Instructions on page 3. For other enMlas, it Is your employer identifleatioli number (EIN). If you do not have a number, see How fo get a T;N on page 3. Note. If the account Is in more than one name, see the chart on page 4 for guidelines on whose number to enter. name Give Form to the requester. Do not send to the iRS. Exempt payee Under penalties of perjury, i certify that: 1. ]he number shown on this tonn Is my correct taxpayer idantillcatlon number (or I am waiting for a number to be Issued to me), and 2, [ am not subject to backup Withholding because; (a) I am exempt from backup withholding, or (b) [ have nW been notified by the Inlernat Revenue Service (IRS) that I am subject 10 backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3, 1 am a U,S, citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by [he IRS that you are currently subject to backup withholding because you have tailed to report all interest and dividends on your tax return, For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured properly, cancellation of debt, contributions to an Individual retirement arrangement {IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN, See the Instructions on page 4, Sign Signaplure of Flare u.s. General instructions Sectlon references are to the [nternal Revenue Code unless olherWise noted. Purpose of Dorm A person who is required 10 file an Information return with ilia IRS must obtain your correct taxpayer Wenlifiealion number (TIN) to report, for example, Income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U,S. person (including a resident alien), to provide your correct TIN 10 the person requesting if ((he requester) and, when applicable, to; 1, Certify that the TIN you are giving is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3, Claim exemption from backup withholding it you are a U,S, exempt payee. if applicable, you are also certifying that as a U,S. person, your allocable share of any partnership income from a U,S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note, If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U,S, person, Forfederal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, A partnership, corporation, company, or association created or organized in the United Stales or under the laws of the United States, 6 An as tale (other than a foreign estate), or +A domestic trust (as defined In Regulations section 301.7701-7), Special rules for partnerships, Partnerships that conduct a trade or business In the United Stales are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, (n certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the wllhholding lax. - lierefora, if you are a U.S, person that Is a partner in a partnership conducting a trade or business In tho United Slates, provide Form W-9 to the partnership to establish your O.S. status and avoid wl[hholdtng on your share of partnership Income. Cal, No. 10231X Form W-9 (Rev.12-2011) Sgt.Brian Harris Alert Group Law Enforcement Training Services 18015 Spell Brook Drive, Houston Texas 77084 077548529 Bjh101697@hotmail.com 281-732-3434 Course: P.R.I.M.T.I.M.E. Interviewing Dates: 3-6-2013 Fees: $675 Total Cost $675 1. Per agreement instructor will/has provided host agency with T.C.L.E.O.S.E. approved lesson plan 2. Instructor will provide Class handout booklets that is bound over 150 pages of colored resource material, for as many as 50 3. Instructor will provide his own transportation, meals . 4. Payment is due on or before the first hour of instruction. 5. Instruction day consists of eight hours of classroom time each day of instruction 6. Instructor will provide host agency with a copy of the power point used, it is to be kept for auditing purposes only and is the property of the instructor. (Host agency can charge what ever fees necessary to outside agencies as per agreement between the host agency and any other agency that may attend the seminars) Class time will begin at 0800 hours and end at 1700 hours. The training will consist of 8 hours. The services rendered are on a quarterly basis for the La Porte Police Department. All checks should be made payable to Brian Harris Sgt.Brian Hargis Alert Group Law Enforcement Training Services ,5 18015 Spell Brook Drive, Houston Texas 77084 077548529 Bjh101697@hotmail.com 281-73:1-3434 Course:; Dates: Fees: Basic F16rnicide Investigations October 24, 2012 625.00 Total Cost *625.00 1. 625.00 includes discount of 375.00 dollars since host agency is providing use of training facility. -'The discount is due to on -going agreement for one day training seminars at a cost of 625.00 a day each quarter. If training is not satisfactory or there is an unforeseen reason for cancellation of future training Only monies due are from services performed. Training room needs ability for power --point projection with speakers and sound. 2. Per agreement instructor will/has provided host agency with T.C.L.E.O.S.E. approved lesson plan (Host agency can charge what ever fees necessary to outside agencies as per agreement between the host agency and any other agency that may attend the training.) Class ti#ie will begin at 0800 hours and end at 1600 hours. The training will consist of 8 hours of trainig. Attendance, Lesson plans and any handout will be maintained by the Laporte Police Department training coordinator. *3. Up to 50 Handouts of a 50 page color handout will be made available for attendees. 4. Payment for training is expected by the day of scheduled training. Total costs includes expenses and meals. Fees are not based on number of attendees and the agency aan set the fee they want to charge for the course for any outside student. Brian Harris Instructor REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 11, 2013 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: 1. Ordinance 2. Utility Easements (2) 3. Deed to Adjacent Owners (3) 4. Area Map Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: _YES X NO SUMMARY & RECOMMENDATION The City has received and processed an application from Mr. Walter Johnson and Mr. Alton Ogden to vacate, abandon and close the West "E" Street Right -of -Way between South 151h Street and South 16m Street and the South 14m Street Right -of -Way between West "D" Street and West "E" Street (see Exhibit 4). In its review, Staff has determined that sanitary sewer and drainage facility exist within the W. "E" St. Right-of-way and a sanitary sewer trunk main exists within the South 14m St. Right -of -Way. As part of the closing process, utility easements will be retained for each of these facilities (see Exhibit 3). Additionally, Centerpoint Energy has obtained an easement for its existing facilities within the subject area. Both AT&T and Comcast have each issued letters of no objection to the closing. In accordance with Section 62.35 of the Code of Ordinances, an independent appraisal of the subject rights -of -way has been conducted to determine fair market value. The appraisal has established a value of $1.75 per square foot. The City has subsequently received payment from the applicants in the amount of $52,447.50 (75% of Fair Market Value per the ordinance) for these closings. Staff recommends vacating, abandoning and closing of the West "E" Street and South 14m Street Rights -of -Way as requested and retaining utility easements for existing City facilities located within the closing area. Action Required of Council: Consider approval or other action regarding an ordinance vacating, abandoning, and closing a portion of the West "E" Street Right -of -Way and the South 14m Street Right -of -Way; approve easements for existing public facilities within the subject rights -of -way, and authorize the execution and delivery of a deed to the adjoining landowners. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2013- AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE, WEST "E" STREET RIGHT-OF-WAY AND THE SOUTH 14TH STREET RIGHT-OF- WAY, LA PORTE, HARRIS COUNTY, TEXAS; RETAINING UTILITY EASEMENTS AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owners of all of the property abutting the hereinafter described portion of the West "E" Street Right - of -Way and the South 14th Street Right -of -Way, to vacate, abandon, and permanently close the hereinafter described portion of the West "E" Street Right -of -Way and the South loth Street Right -of -Way, La Porte, Harris County, Texas; and, WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described portion of the West "E" Street Right -of - Way and the South loth Street Right -of -Way is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described portion of the West "E" Street Right -of -Way and the South loth Street Right -of - Way is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the West "E" Street Right -of -Way and the South loth Street Right -of -Way should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the 2 hereinafter described portion of the West "E" Street Right -of - Way and the South 14th Street Right -of -Way is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: "TRACT ONE" - WEST "E" STREET: A 15,960 square foot portion of the West "E" Street Right -of -Way (60, wide), being generally illustrated on Exhibit "A" incorporated by reference herein, and further described by metes & bounds as follows: BEGINNING at a point at the intersection of the east line of the South 15th Street Right -of -Way and the south line of West "E" Street Right -of -Way, said point being the northwest corner of Block 826, La Porte; THENCE in an easterly direction, along the south right-of-way line of West "E" Street, a distance of 266 feet to a point at the northeast corner of Block 826, La Porte, said point being on the west line of the South 14th Street Right -of -Way; THENCE in a northerly direction, crossing the West "E" Street Right -of -Way, a distance of 60 feet to a point at the southeast corner of Block 795, La Porte; THENCE in a westerly direction, along the north right- of-way line of West "E" Street, a distance of 266 feet to a point at the southwest corner of Block 795, La Porte; THENCE in a southerly direction, along the projected east right-of-way line of South 15th Street, a distance of 60 feet to the northwest corner of Block 826, La Porte and the POINT OF BEGINNING of the herein described Tract One. "TRACT TWO" - SOUTH 14TH STREET: A 24,000 square foot portion of the South 14th Street Right -of -Way (60, wide) being generally illustrated on Exhibit "A" incorporated by reference herein, and further described by metes & bounds as follows: BEGINNING at a point at the intersection of the west line of the South 14th Street Right -of -Way and the south line of West "D" Street Right -of -Way, said point being the northeast corner of Block 795, La Porte; 3 THENCE in an easterly direction, along the projected south right-of-way line of West "D" Street, a distance of 60 feet to a point at the northwest corner of Block 794, La Porte, said point being on the east line of the South 14th Street Right -of -Way; THENCE in a southerly direction, along the east line of the South 14th Street Right -of -Way, a distance of 400 feet to a point at the southwest corner of Block 794, La Porte; THENCE in a westerly direction, along the projected north line of the West "E" Street Right -of -Way to its intersection with the west line of the South 14th Street Right -of -Way, to a point at the southeast corner of Block 795, La Porte; THENCE in a northerly direction, along the west line of the South 14th Street Right -of -Way, a distance of 400 feet to the POINT OF BEGINNING of the herein described Tract Two. Section 2. The City of La Porte hereby retains for itself, its successors and assigns, the following easements to wit: "EASEMENT ONE" - 20' WIDE PUBLIC UTILITY EASEMENT: A 5,320 square foot area out of the West "E" Street Right -of -Way (60, wide), being generally illustrated on Exhibit "B" incorporated by reference herein, and further described by metes & bounds as follows: BEGINNING at the northwest corner of Block 826, La Porte; THENCE in an easterly direction, along the south line of the West "E" Street Right -of -Way, a distance of 266 feet to a point at the northeast corner of Block 826, La Porte; THENCE in a northerly direction, along the west line of the projected South 14th Street Right -of -Way, a distance of 20 feet to a point on the projected west line of the South 14th Street Right -of -Way; El THENCE in a westerly direction, along a line located 20 feet north of and parallel to the south line of the West "E" Street Right -of -Way, a distance of 266 feet to its intersection with the projected east line of the South 15th Street Right -of -Way; THENCE in a southerly direction, a distance of 20 feet along the projected east line of the South 15th Street Right -of -Way to the northwest corner of Block 826, La Porte, and the POINT OF BEGINNING of the herein described tract. "EASEMENT TWO" - 20' WIDE SANITARY SEWER EASEMENT: An 8, 000 square foot area out of the South 14th Street Right -of -Way (60' wide), being generally illustrated on Exhibit "B" incorporated by reference herein, and further described as follows: A 20' foot wide centerline easement situated 10' either side of the centerline of an existing 24" sanitary sewer trunk main located within that portion of the South 14th Street Right -of -Way situated between the projected north line of the West "E" Street Right - of -Way and the north line of the West "D" Street Right -of -Way. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 4. This ordinance shall be effective from and after its passage and approval, and it is so ordered. k PASSED AND APPROVED THIS DAY OF 2013. I= ATTEST: Patrice Fogarty, City Secretary APPROVED: ;�V' "�ZL. Knox W. Askins, City Attorney CITY OF LA PORTE Louis R. Rigby, Mayor n h . -1 1 i11lIqkVfi1':r-11 0111211111001011 MEM a I Im That MISSISSIPPI LAND COMPANY, INC. ("Grantor"), for and in consideration of Ten and no/100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF LA PORTE ("Grantee"), a Municipal Corporation, the receipt and sufficiency of which is hereby acknowledged and confessed, have this day GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto said GRANTEE, and to its successors and assigns the perpetual right, privilege and easement, with appropriate rights of ingress and reasonable working area for construction and maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair and remove A PUBLIC SANITARY SEWER MAIN AND DRAINAGE DITCH together with all necessary appurtenances, over, across, through and under that certain tract or parcel of land lying and being situated in Harris County, Texas and being more particularly described on Exhibits "A" & "B" attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD the above described easement, together with all an - singular the rights and appurtenances thereto in anywise belonging unto sai GRANTEE, and its successors or assigns, in accordance with the terms an conditions hereinabove set forth. The GRANTOR does hereby bind, itself, i successors or assigns to WARRANT AND FOREVER DEFEND, all and singul the said easement unto the GRANTEE, its successors or assigns, against evel person whomsoever lawfully claiming or to claim the same or any part thereof. 1%e-e �-1 WITNESS THE EXECUTION HEREOF on this the day ofr_c-e.o,-, 249+2. BY:, 'Grantor 5WFe—d—Rep;t-five This instrument was acknowledged before me on the 2`,' day ofC�,--e. ,2041-2- by A Public, State of Texas AF P& 10 F , SURD C ec. 1, 2014 Mailing Address of Grantee City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 P� An 8,000 square foot area out of the South 14 th Stre Right -of -Way (601 wide) , being generally illustrat on Exhibit "B" incorporated by reference herein, a further described as follows: I A 201 foot wide centerline easement situated 101 either side of the centerline of an existing 24" sanitary sewer trunk main located within that portion of the South 14 th Street Right -of -Way situated between the projected • line ♦ the West "Ell Street Right - of -Way and the north line of the West I'D" Street Right -of -Way. .�.. EXHIBIT d "r " P I ... 9 NOT �so scgeE 20 ' WIDE CENTERLINE ESMT. 10° EITHER SIDE OF EXIST. 24' SAN. SEWER TRUNK MAIN WW a ST (80-) . ......... ... ..... .... �.,.. 1 1 b, ® u ` 1 L WY E ST (60 ) co r to _ u t I That OAKLAND LAND & DEVELOPMENT, L.L.C. ("Grantor"), for and in consideration of Ten and no/100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF LA PORTE ("Grantee"), a Municipal Corporation, the receipt and sufficiency of which is hereby acknowledged and confessed, have this day GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto said GRANTEE, and to its successors and assigns the perpetual right, privilege and easement, with appropriate rights of ingress and reasonable working area for construction and maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair and remove A PUBLIC SANITARY SEWER MAIN AND DRAINAGE DITCH together with all necessary appurtenances, over, across, through and under that certain tract or parcel of land lying and being situated in Harris County, Texas and being more particularly described on Exhibits "A" & "B" attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto in anywise belonging unto said GRANTEE, and its successors or assigns, in accordance with the terms and conditions hereinabove set forth. The GRANTOR does hereby bind itself, its successors or assigns to WARRANT AND FOREVER DEFEND, all and singular the said easement unto the GRANTEE, its successors or assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS THE EXECUTION HEREOF on this the ��"day of BY: Grantor K oIr/ f2ed Rep ative UO This instrument was acknowledged before me on the day of 201 o- TJ Public, Ste of Tex Mailing Address of Grantee AMY H, KINGSAFER City of La Porte ,COFVMWon Expires.: 604 West Fairmont Parkway ..March 24, 2015 La Porte, Texas 77571 6 A 5,320 square foot area out of the West "E" Street Right -of -Way (60f wide), being generally illustrated on Exhibit "B" incorporated by reference herein, and further described by metes & bounds as follows: BEGINNING at the northwest corner of Block 826, La Porte; THENCE in an easterly direction, along the south line of the West "Ell Street Right -of -Way, a distance of 266 feet to a point at the northeast corner of Block 826, La Porte; THENCE in a northerly direction, along the west line of the projected South 14 th Street Right -of -Way, a distance of 20 feet to a point on the projected west line of the South 14 th Street Right -of -Way; THENCE in a westerly direction, along a line locatef 20 feet north of and parallel to the south line of the WestStreet Right -of -Way, a distance of 266 feet to its intersection with the projected east line of the South 15 th Street Right -of -Way; THENCE in a southerly direction, a distance of 20 feet along the projected east line of the South 15 th Street Right -of -Way to the northwest corner of Block 826, La Porte, and the POINT OF BEGINNING of the herein described tract. DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: , 2013 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: La Porte Commercial Properties, L.P. Mailing Address: 1000 Uptown Park Blvd., #61, Houston, TX 77056 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): TRACT ONE: A 12,000 square foot portion of the South 14t' Street Right -of -Way (60' wide), being generally illustrated on Exhibit "B" incorporated by reference herein can be further described by metes and bounds on Exhibit "A" attached hereto and made a part hereof. TRACT TWO: A 7,980 square foot portion of the West "E" Street Right -of -Way (60' wide), being generally illustrated on Exhibit `B" incorporated by reference herein, and further described by metes and bounds on Exhibit "A" attached hereto. Containing a total of nineteen thousand nine hundred eighty (19,980) square feet, which Street Right -of -Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2013- , passed and approved by the City Council of the City of La Porte on , 2013. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. City of La Porte Corby D. Alexander City Manager Attest: Patrice Fogarty City Secretary Approved: r �zg P. Knox W. Askins City Attorney STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the day of , 2013, by Corby D. Alexander, City Manager of the City of La Porte, a municipal corporation. AFTER RECORDING RETURN TO: ASKINS & ASKINS, P.C. P.O. Box 1218 LaPorte, TX 77572-1218 Notary Public, State of Texas PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. P.O. Box 1218 LaPorte, TX 77572-1218 EXHIBIT "A" TRACT ONE: A 12,000 square foot portion of the South 14th Street Right -of -Way (60' wide), being generally illustrated on Exhibit "B" incorporated by reference herein, and further described by metes & bounds as follows: BEGINNING at a point at the intersection of the west line of the South 14t" Street Right -of -Way and the south line of the West "D" Street Right -of -Way, said point being the northeast corner of Lot 32, Block 795, La Porte and the northwest corner of the herein described tract; THENCE in an easterly direction, along the projected south right-of-way line of West "D" Street, a distance of 30 feet to a point at the centerline of the South 14th Street Right -of -Way, and being the northeast corner of the herein described tract; THENCE in a southerly direction, along the centerline of the South 14th Street Right -of -Way, a distance of 400 feet to a point at its intersection with the projected north line of the West "E" Street Right -of -Way, and being the southeast corner of the herein described tract; THENCE in an westerly direction, along the projected north line of the West "E" Street Right -of - Way, a distance of 30 feet to its intersection with the west line of the South 14th Street Right -of -Way, said point being the southeast corner of Lot 16, Block 795, La Porte, and the southwest corner of the herein described tract; THENCE in a northerly direction, along the west line of the South 14th Street Right -of -Way, a distance of 400 feet to the POINT OF BEGINNING of the herein described tract. EXHIBIT "A" TRACT TWO: A 7,980 square foot portion of the West "E" Street Right -of -Way (60' wide), being generally illustrated on Exhibit "B" incorporated by reference herein, and further described by metes & bounds as follows: BEGINNING at a point at the intersection of the east line of the South 15th Street Right -of -Way and the north_ _line_of the West ""Ell Street Right -of -Way, said point being the southwest corner of Lot 16, Block 795, La Porte and the northwest corner of the herein described tract; THENCE in an easterly direction, along the north line of the West "E" Street Right -of -Way, a distance of 266 feet to a point on the west line of the South 14th Street Right -of -Way, and being the northeast corner of the herein described tract; THENCE in a southerly direction, along the projected west line of the South 14th Street Right -of - Way, a distance of 30 feet to a point at the centerline of the West "E" Street Right -of -Way, and being the southeast corner of the herein described tract; THENCE in an westerly direction, along the centerline of the West "E" Street Right -of -Way, a distance of 266 feet to its intersection with the projected east line of the South 15th Street Right -of - Way, and the being the southwest corner of the herein described tract; THENCE in a northerly direction, along the projected east line of the South 15th Street Right -of - Way, a distance of 30 feet to the POINT OF BEGINNING of the herein described tract. EXHIBIT "B" wnr ro K�� TRACT ONE (30' x 400' = 12,000 SQ. FT.) W D ST (80') TRACT TWO (30' x 266' = 7,980 SO. FT.) W E ST (601 0 a V W CA DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: 2013 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Mississippi Land Co., Inc. Mailing Address: Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): A 12,000 square foot portion of the South 14t' Street Right -of -Way (60' wide), being generally illustrated on Exhibit "B" incorporated by reference herein, can be further described by metes and bounds on Exhibit "A" attached hereto and made a part hereof, which Street Right -of -Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2013- , passed and approved by the City Council of the City of La Porte on , 2013. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. City of La Porte Corby D. Alexander City Manager Attest: Patrice Fogarty City Secretary City Attorney STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the day of , 2013, by Corby D. Alexander, City Manager of the City of La Porte, a municipal corporation. AFTER RECORDING RETURN TO: ASKINS & ASKINS, P.C. P.O. Box 1218 LaPorte, TX 77572-1218 Notary Public, State of Texas PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. P.O. Box 1218 LaPorte, TX 77572-1218 EXHIBIT "A" A 12,000 square foot portion of the South 14th Street Right -of -Way (60' wide), being generally illustrated on Exhibit "B" incorporated by reference herein, and further described by metes & bounds as follows: BEGINNING at a point at the intersection of the east line of the South 14th Street Right -of -Way and the south line of the West "D" Street Right -of -Way, said point being the northwest corner of Lot 1, Block 794, La Porte and the northeast corner of the herein described tract; THENCE in an westerly direction, along the projected south right-of-way line of West "D" Street, a distance of 30 feet to a point at the centerline of the South 14th Street Right -of -Way, and being the northwest corner of the herein described tract; THENCE in a southerly direction, along the centerline of the South 14th Street Right -of -Way, a distance of 400 feet to a point at its intersection with the projected north line of the West "E" Street Right -of -Way, and being the southwest corner of the herein described tract; THENCE in an easterly direction, along the projected north line of the West "E" Street Right -of - Way, a distance of 30 feet to its intersection with the east line of the South 14th Street Right -of -Way, said point being the southwest corner of Lot 16, Block 794, La Porte, and the southeast corner of the herein described tract; - THENCE in a northerly direction, along the east line of the South 14th Street Right -of -Way, a distance of 400 feet to the POINT OF BEGINNING of the herein described tract. EXHIBIT "B" LOCATION OF TRACT (30' x 400 ` = 12,000 SQ. FT.) W D ST (80') 0 uo H N H M r W E ST (60') � O N � S N DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: , 2013 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Oakland Land and Development, LLC, a Mississippi Limited Liability Company Mailing Address: Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): A 7,980 square foot portion of the West "E" Street Right -of -Way (60' wide), being generally illustrated on Exhibit "B" incorporated by reference herein, and further described by metes and bounds on Exhibit "A" attached hereto and made a part hereof, which Street Right -of -Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2013- , passed and approved by the City Council of the City of La Porte on , 2013. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. By: City of La Porte Corby D. Alexander City Manager Attest: Patrice Fogarty City Secretary Approved: Knox W. Askins City Attorney STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the day of , 2013, by Corby D. Alexander, City Manager of the City of La Porte, a municipal corporation. Notary Public, State of Texas AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. ASKINS & ASKINS, P.C. P.O. Box 1218 P.O. Box 1218 LaPorte, TX 77572-1218 LaPorte, TX 77572-1218 EXHIBIT "A" A 7,980 square foot portion of the West "E" Street Right -of -Way (60' wide), being generally illustrated on Exhibit "B" incorporated by reference herein, and further described by metes & bounds as follows: BEGINNING at a point at the intersection of the projected east line of the South 15th Street Right -of - Way and the south line of the West "E" Street Right - of -Way, said point being the northwest corner of Lot 1, Block 826, La Porteandthe.southwest corner of -the herein described tract; THENCE in an easterly direction, along the south line of the West "E" Street Right -of -Way, a distance of 266 feet to a point on the west line of the South 14th Street Right -of -Way, and being the southeast corner of the herein described tract; THENCE in a northerly direction, along the projected west line of the South 14th Street Right -of - Way, a distance of 30 feet to a point at the centerline of the West "E" Street Right -of -Way, and being the northeast corner of the herein described tract; THENCE in an westerly direction, along the centerline of the West "E" Street Right -of -Way, a distance of 266 feet to its intersection with the projected east line of the South 15th Street Right -of - Way, and the being the northwest corner of the herein described tract; THENCE in a southerly direction, along the projected east line of the South 15th Street Right -of - Way, a distance of 30 feet to the POINT OF BEGINNING of the herein described tract. EXHIBIT "B" i LOCATION OF TRACT (30' x-266'=T,9E0-SQ.--FT.�- - - W E ST (60') t0 � N � H N T N W F ST (80') REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 11, 2013 Requested By: Jeff Suggs Department: IT Report: Resolution: Ordinance: Exhibits: Sungard Agreement Exhibits: Slides from FY 14 Budget Presentation Budget Source of Funds: 001 Account Number: 00160665194055 Amount Budgeted: $ 246,000.00 Amount Requested: $176,058.00 (FY14) Budgeted Item: YES SUMMARY & RECOMMENDATION On December 8, 2008, Council approved a contract with Sungard Public Sector for the current ASP and Naviline system. This system is used to process the City's financial information, utility billing, tax collection, permitting, and code enforcement. The system is hosted off -site, which allows for redundancy during an emergency or disaster. The term of the original contract was for a period of five (5) years and is currently up for renewal (expires December 31, 2013). Staff proposes renewal of the agreement with Sungard for an additional five (5) year term. During the term of the proposed agreement, the City proposes to move certain pieces of the current Naviline system to OneSolution, which had been discussed with Council in the recent past at budget retreats and hearings (see attached exhibit from the 2013 Budget Presentation held August 12, 2013). With OneSolution, the City's financial and human resources applications will be moved to OneSolution to better streamline current processes, both internally and externally. This year, the Finance and Human Resources departments went through a 3-day business process review to determine the best fit for their current work flow. These workflow exercises provided an opportunity to examine the current Naviline system and discover ways to eliminate bottlenecks and increase performance. The new OneSolution software will speed up current processes by providing a single, consistent method of providing services. In turn, this will allow the City to better serve both internal and external customers (citizens). Naviline is not yet at the end of life, but at the end of development. OneSolution will be able to continue to develop and change as the City adapts its processes over the next 5 years. The proposed transition to OneSolution would occur in October of 2014. An initial start up fee for the implementation of OneSolution will total $442,545.00 over a period of approximately 18 months, and will be included in the proposed budget for FY 2014-2015. This figure is not reflected in the pricing in the charts below. The total monthly pricing for OneSolution, excluding the initial start up fee, will be as follows: FY 2013 2014 Monthly Fee Total January Is'- September 30t , 2014 (Naviline) $19,562.00 $176,058 00 1st - December 31st, 2014 (Move to OneSolution) Monthly Fee $22,500.00 TotalPer Year $45,000.00 January 1st - December 31s', 2015 $22,500.00 $270,000.00 January 1st - December 31s', 2016 $23,175.00 $278,100.00 January 1st- December 31s', 2017 $23,870.25 $286,443.00 Janua 1st - December 31s', 2018 $24,586.36 1 $295 036.32 TOTAL PER 5-YEAR CONTRACT (Excluding;start up fee) At this time, staff recommends approval of the five-year contract and funding in the amount of $176,058 for Naviline services from January 1, 2014 through September 30, 2014. Action Required by Council: Consider approval or other action of a five (5) year agreement with Sungard Public Sector for Naviline and OneSolution systems. Approved for City Council Agenda Corby D. Alexander, City Manager Date SUNGARW PUBLIC SECTOR Supplement to the SunGard Public Sector Inc. Application Service Provider Agreement Schedule A - Order Form This Schedule A - Order Form is entered into under the terms and conditions of the SunGard Public Sector Inc. Application Service Provider Agreement dated December 8, 2008 (Agreement), between SunGard Public Sector Inc. (SunGard Public Sector) and City of La Porte, TX (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. 2. Customer Name: City of La Porte, TX Yes No Initial Order Form X Agreement Number: LAPO-1 743LG-1 30538-1 -Replacement Order Form X -Replaces Order Dated Initial Term: Begins January 1, 2014 and expires sixty (60) months from the date the initial Annual Access Fee is due under this Schedule A — Order Form. ❑nniiicafinn C:rn,inc- Prnfaccinnal Service Fee_ Start -Up Fees and Annual Access Fees Applications and/or Services Professional Start-up Fee Monthly Service Fee Fees Migration - ONESolution ONESolutionGeneral Ledger -(OS-FIN-GL),ONESolution Job/Project Ledger - (OS- $ 438,045-00 $ 10,000.00 $22,500.00 Products FIN-JL), ONESolution Budget Item Detail - (OS -FIN -BD), ONESolution Accounts (Currently Licensed) Payable wlBank Reconciliation -(OS-FIN-AP,OS-FIN-BK),ONESolutionPurchasing - (OS -FIN -PO), ONESolution Stores Inventory- (OS-FIN-SI), ONESolution Fixed Assets - (OS -FIN -FA), ONESolution Accounts Receivable - (OS -FIN -AR), ONESolution Payroll - (OS-FIN-PY), ONESolution Human Resources - (OS-FIN-HR), ONESolution Position Budgeting - (OS-FIN-PB), ONESolution Click, Drag & Drill - (OS-FIN-CDD), ONESolution Documents Online - (OS -FIN -DO), ONESolution Easy Laser Forms (ELF) - (OS -FIN -ELF), ONESolution Workflow - (OS -FIN -WORKFLOW, )ON ESolution Desktop - (OS -DESKTOP), ONESolution Cash Receipts - (OS-CRCPT), ONESolution SPSONE Security- (OS-OSEC) New ONESolution Products ONESolution Employee Online - (OS-FIN-EO), ONESolution Applicant Online - (OS- Included in Included in Included in (Not Currently Licensed) FIN -AO), ONESolution Contract Management -(OS-FEN-CM),ONESolution Personnel Prof Service Startup Fee Monthly Fee Action Forms - (OS-FIN-PAF) Fee New 3rd Party Products ONESolution Financial Core - (OS-FCORENV), ONESoluflon Global Core - (OS- Included in Included in Included in (Not Currently Licensed) GCORENV),Cognos BI: Base Bundle -(BICORE), Cognos BLAdvBusinessAuthor Prof Service Startup Fee Monthly Fee Bundle - (2) - (OS-Q8-AB5) Fee Professional Services Includes Auditing, Configuration Mapping, Consulting Services, Conversion, Custom Included in NA NA ONESolution/Cognos Development, Project Management, Report Development, Training, Workflow Prof Service Development, Cognos BI: Onsite Training Package Bundle (MAX) - (COGNOS-TRAIN- Fee Conversions - ExecuT€me Transition Fees from NaviLine to ONESolution 4,500.00 NA NA ONESolution Hosting Services ONESoluflon Hardware Configuration and Setup, Disaster Recoveryfor SunGard NA Included in Included in Public Sector Applications Startup Fee Monthly Fee Concurrent Sessions 30 production, 10 test NA NA Included 7n Monthly,Fee Existing NaviLine Products & GMBAwith Extended Reporting - (GM), Purchasingfinventory- (PI), Procurem ant Card NA NA Included in Hosting Services Tracking - (PC), Payrol€!Personnel - (PR), Asset Management I - (FA), Accounts Monthly Fee Receivable - (MR), Cash Receipts - (CR), Work Orders/Facilities Management- (WF), LandiParcel Management-(LX), Building Permits -(BP), Code Enforcement-(CE), Planning & Engineering - (PZ), Occupational Licenses - (OL), Tax Billing & Collections - (TX), Customer Information System - (CN, Click2Gov Core Module - (K1), CI ick2Gov CX - (K2), Click2Gov BP - (K3), CI ick2Gov OL - (K6), Click2Gov PZ - (K7), Click2Gov CE - (KO), Click2GovTX- (KC), Click2Gov Purchasing - (K9), C[ick2Gov MR & LN - (KR), One Point Coro Module - (KL), One Point Paint -of -Sale - (KM), RecTrac Interface to GM- (VG), RecTrac Interface to CR - (VI), Cash Receipts Interface/Lockbox- (CA), Document Management Services - (DX), QRep Catalogs: GM, PI, PC, PR, MR, CR, FA, WF, CX, LX, BP, CE, PZ, OL, TX, KL, K1- (CJ), Private Shared/Se[ect Environment, ExgcuTi 31e Software, Time Keeping Interface - (TC), HELP Card SP1, Kiosk Interface Core Bundle - (K1 K), Kiosk (Outside) - (Kiosk -out) , Maintenance for 23 retrofit objects Existing 3rd Party Products QRep fidmin (1) - (CG Admin), QRep End User (9) - (CG), QRep Web Intranet (40) - NA NA Included in (Currently Licensed) (Ql) Monthly Fee Total Proposed System: $ 442,545.00 $ 10,000.00 $ 22,600.00 Page 1 of 6 3. Payment Terms: The amounts noted above shall be payable as follows: Start -Up Fee: 100% on the Execution Date. Annual Access Fee: The initial Monthly Access Fee will be due January 1, 2014. Subsequent Monthly Access Fees will be due on the first of the month thereafter_ Monthly Access Fees will be invoiced in advance on a Monthly basis for a term of sixty (60) months at the rates listed below. Months 1 -- 9 $19,562.00 per month or $176,058.00 per partial year; Months 10 -12 $22,500.00 per month or $45,000.00 per partial year; Months 13 - 24 $22,500.00 per month or $270,000.00 per year; Months 25 - 36 $23,175.00 per month or $278,10D.00 per year; Months 37 - 48 $23,870.25 per month or $286,443.00 per year; Months 49 - 60 $24,586.36 per month or $295,036.32 per year. Professional Services Fees (includes Conversion and Training): Due as incurred. Travel and Living Expenses: Travel and living expenses are in addition to the prices quoted above and will be invoiced as incurred and shall be governed by the SunGard Public Sector Corporate Travel and Expense Reimbursement Policy. Travel and living expenses actually incurred in prior months for which SunGard Public Sector is seeking reimbursement, shall also be invoiced monthly. Notes: ' Monthly Access Fees listed above are for the Applications and Services listed in this Schedule A -Order Form only. 2 Following the execution of this Schedule A -Order Form, any new Modification Retrofits provided by SunGard Public Sector will be added to the next annual renewal period, pursuant to Section 4 below. 4. Modification Retrofits. For each non-standard Application in library HTEMOD that was written by SunGard Public Sector or any Application that has had custom modifications performed by SunGard Public Sector at the Customer's request, SunGard Public Sector will perform all necessary programming to ensure that the program is compatible with each new software release, version, or program temporary fix made available by SunGard Public Sector_ Fees for Modification Retrofits to be maintained are determined on an annual basis. This determination is based upon the number of modified objects prior to the beginning of each annualized ASP Term multiplied by the then current rate charged per object. 5. ONESolution Transition. Customer will be transitioned from SunGard Public Sector's NaviLine ASP Environment To' the ONESolution ASP Environment. SunGard Public Sector shall continue to provide Customer with access and maintenance of both ASP Environments until Customer is live in the ONESolution ASP Environment, Live is defined as Customer's use of the ONESolution ASP Environment in a production environment. Once the transition is complete Customer's access to the NaviLine ASP Environment shall terminate. 6. Third tarty Software and Hardware. Unless otherwise provided for herein, warranty, modification retrofit and maintenance offerings by SunGard Public Sector for its Licensed Program(s) do not apply to any third party hardware or third party software supplied under this Supplement. SunGard Public Sector does not make any warranties nor provide any source code for any non-SunGard Public Sector products unless otherwise provided herein. The return and refund policy of each individual third party hardware or third party software supplier shall prevail unless otherwise provided herein. 2 of 6 7. Access rights. SunGard Public Sector agrees to provide access to the Applications requested by Customer on Schedule A - Order Form (or any supplemental or replacement Order Form(s)) for the number of terminals indicated so long as Customer is current in its payment obligations hereunder. Information regarding access to the Applications and related responsibilities for both parties under the Application Services is as provided in Appendix A. City of La Porte, TX SunGa ublic Sector BY: BY: ..� PRINTED NAME: F91.1011111WO DATE SIGNED: Ray Perkey, vice President Professional Servicc PRINTED NAME:Sungard public sector Inc PRINTED TITLE: DATE SIGNED: 3 of 6 CLOUD SOLUTIONS Appendix A Hosted ONESolution Standards Sheet 1. System Availability The scheduled hours of availability for the hosted applications are 24 hours per day Monday —Saturday. The system is reserved for maintenance on Sundays from 12 a.m. — 5 p.m., customer local time. There are special considerations for software updates and emergency situations; please reference Sections 3.4 and 3.5 (Maintenance and Upgrades) for details. System Backups 1.1. Daily System Backups Incremental backups are performed Monday through Saturday. Retention of the backups will be as follows: daily backups - 1 month, weekly backups - 1 month, monthly backups -1 year, yearly backups - 3 years. 1.2. Weekly System Backups Full system backups will occur on Sunday beginning at 12 a.m. (Customer local time). These backups consist of the Operating System, databases, transaction logs, and system configuration. System backups will be rotated to a secure, off -site storage facility. 1.3. Restores Restores will be performed on an as needed basis taking into consideration both Customer and SunGard Public Sector functionality, availability, and necessity. System Management SunGard Public Sector Inc. will provide system management of the hosted Systems including hardware, software, security, and data communication as well as: 1.4. System Monitoring The hosted Systems will be monitored on a 24-hour basis through the use of automated monitoring software and/or hardware as selected by SunGard Public Sector Inc. System operations to be monitored include: • Services - to ensure they are active, operational, and without pending errors messages. • Critical system messages - Monitoring for hardware errors, system functionality errors, operating system errors, system integrity errors, etc • System and Network Information - Samples of system and network information to be monitored include: • Storage • CPU Utilization • Bandwidth utilization • Memory utilization • Security violation attempts • Backup completion • Other pertinent system information as determined by SunGard Public Sector Inc. 1.5. Night Processing Specified processor -intensive jobs, as determined by SunGard Public Sector Inc., may be required to be run outside normal business hours to ensure that acceptable system performance standards are met. e4of6 1.6. System Maintenance SunGard Public Sector Inc. will provide all necessary hosted Systems and network maintenance as deemed appropriate and necessary by SunGard Public Sector Cloud Solutions. 1.7. SunGard Public Sector Application Maintenance and Upgrades Software maintenance and upgrades will be performed outside of each customer's standard business hours whenever possible. Emergency situations will be handled on a case -by -case basis in such a manner as to provide the least possible disruption to overall system operations and availability without negatively affecting system stability and integrity. The primary Customer contact will be notified, when possible, via the on file e-mail address, prior to software upgrades being performed. 1.7.1. SunGard Public Sector Inc. Applications Upgrades and updates to SunGard Public Sector Inc. applications will be performed on scheduled dates during the year. 1.8. Hardware Maintenance and Upgrades Hardware maintenance and upgrades will be performed outside of each customer's standard business hours whenever possible. Emergency situations will be handled on a case -by -case basis in such a manner as to cause the least possible disruption to overall system operations and availability without negatively affecting system stability and integrity. The primary Customer contact will be notified, when possible, via the on file e-mail address, prior to hardware upgrades being performed. 1.9. System Security (Logical) System security values will be set to provide for system integrity and data security as deemed appropriate by SunGard Public Sector Inc. This will include such items as password length and makeup, change intervals, system security level, etc. Customer users will only have access to appropriate Customer data. Security auditing will be enacted to provide for the ability to audit security violations, changes, etc., with periodic system security reviews conducted by SunGard Public Sector Inc. Datacenter security will include implementation of an industry standard firewall, secure sockets layer, virtual private networks, Intrusion Prevention, IP address translation, and/or a combination thereof. 1.10. Authorized Third Party Software SunGard Public Sector Inc. has partnered with a number of third party vendors for purposes such as time & attendance, form printing, mapping, etc. Only authorized third party software will be supported in the hosted environment. System Requirements The following are hardware specifications to enable the Customer to access the host systems. These requirements are the responsibility of Customer. 4.1 Personal Computers Each personal computer that will access the hosted environment should achieve the following hardware specifications for access: Supported Operating Systems • Microsoft Windows XP Professional SP3 • Microsoft Windows 7 (Business, Enterprise & Ultimate) Processor: Multi -Core x86 based CPU at 2.OGHz or faster Memory (RAM): 4 GB or Higher Storage: 15 GB for data plus 25% Free Space for 1/0 Performance e5of6 Video: 1024x768 XGA or higher resolution (adapter and monitor) Software: Microsoft Office 2007/2010 SunGard Public Sector does not provide "Minimum" specifications for the ONESolution applications. ff a user desires to implement hardware that does not meet the specifications in this document they can submit the hardware configuration to a SunGard Solutions Architect for review. 4.2 Customer Connectivity • Internet bandwidth is determined by the customer. It is based on Saturation level: a combination of connection speed, number of users on the system, size of files being accessed over the internet, etc. • All LAN connections should be 100Mblsec or faster and in a switched environment. • Any WAN connections should be evaluated based on concurrent usage statistics. Please contact your SunGard account representative before any WAN implementations. • SunGard Public Sector will provide a pre -configured Cisco router to establish a site to site VPN connection to the SunGard datacenter. The Customer is required to provide a technical resource to install and successfully test the VPN connection during implementation. • Cellular wireless connections are not supported. 4.3 Recommended Customer Hardware An industry standard firewall used to protect the customer's internal network is required for connectivity into the hosted network. Host Site Performance Performance monitoring and tuning will be performed as necessary to maintain an average in network interactive response time. "in network" is defined as any point between which the data packet enters the SunGard Public Sector Inc. environment and subsequently departs the SunGard Public Sector Inc. environment. Any point of communications outside of the SunGard Public Sector Inc. protected network environment, shall be deemed as "out of network." SunGard Public Sector Inc. is not responsible for Internet connectivity and/or performance outside the internal SunGard Public Sector Inc. host site infrastructure. Standard Application Support SunGard Public Sector Inc. provides standard Application Support Monday -- Friday 5:00 am to 5:00 pm customer local time. The toll -free application support line is 1-888-ONE-SUPPORT or 1-888-663-7877. Cloud Solutions Hosted Support Host site technical hardware and host operating system support shall be provided 24hours a day, 365 days per year. This includes support for technical issues related to hosted Systems access, and hosted Systems functionality. SunGard Public Sector Inc. is not responsible for Customer hardware, non-SunGard Public Sector Inc. related software, Internet access, and/or connectivity issues. SunGard Public Sector Inc. will provide guidance to Customer in obtaining technical support for on -site hardware and connectivity issues. The toll -free Cloud Solutions support line is 1-888-ONE-SUPPORT or 1-888-663-7877, options 4 and 2. 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Lu r-i REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 11, 2013 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: 1. Ordinance 2. Area Map Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: Budgeted Item: _YES X NO SUMMARY & RECOMMENDATION The City has processed an application from Mr. Gus Brieden to vacate, abandon and close the South 18th St. Right -of -Way between Blocks 726 & 727, La Porte, and the northernmost 48.5' of the alley in Block 727, LaPorte, consisting of 19,226 square feet of land. Mr. Brieden has cited a desire to create a single unit of land as the reason for this request. City staff and the City's franchised utility companies (Centerpoint Energy, AT&T & Comcast) have each reviewed the applicant's request and expressed no objection to the closings as requested. In accordance with Section 62.35 of the Code of Ordinances, an independent appraisal of the subject rights -of -way has been conducted and has established a value of $.90 per square foot. The applicant has made payment to the City in the amount of $18,330.30 (75% of Fair Market Value per the ordinance) which includes fees associated with the previous closing of the 6,400 sq. ft. alley in Block 751, La Porte (re: Ordinance 2009-3169). Staff recommends vacating, abandoning, and closing the South 18th St. Right -of -Way between Blocks 726 & 727, La Porte and the northernmost 48.5' of the alley in Block 727, La Porte as requested by the applicant. Action Required of Council: Consider approval or other action of an ordinance vacating, abandoning, and closing the South 18th St. Right -of -Way between Blocks 726 & 727, La Porte and the residual 48.5' of the alley in Block 727, La Porte and authorize the execution and delivery of a deed to the applicant. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2013- AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE SOUTH 18T" STREET RIGHT-OF-WAY AND THE NORTHERNMOST PORTION OF THE ALLEY IN BLOCK 727, LA PORTE, HARRIS COUNTY, TEXAS, AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of property abutting the hereinafter described portion of the South 18th St. Right - of -Way and the northernmost portion of the alley in Block 727, La Porte, to vacate, abandon, and permanently close the hereinafter described portion of the South 18th St. Right -of -Way and the northernmost portion of the alley in Block 727, La Porte, and, WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described portion of the South 18th St. Right -of -Way and the northernmost portion of the alley in Block 727, La Porte is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described portion of the South 18th St. Right -of -Way and the northernmost portion of the alley in Block 727, La Porte, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the South 18th St. Right -of -Way and the northernmost portion of the alley in Block 727, La Porte, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: K Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portion of the South 18th St. Right -of -Way and the northernmost portion of the alley in Block 727, La Porte, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: "TRACT ONE" - SOUTH 18th STREET RIGHT-OF-WAY: An 18,450 square foot portion of the South 18th Street Right -of -Way (60' wide), being generally illustrated on Exhibit "A" incorporated by reference herein, and further described by metes 6 bounds as follows: BEGINNING at a point at the intersection of the east line of the South 18th Street Right -of -Way and the north line of West "A" Street Right -of - Way, said point being the southwest corner of Block 726, La Porte, and being the southeast corner of the herein described tract; THENCE in an westerly direction, along the projected north line of the West "A" Street Right -of -Way, a distance of 60 feet to a point at the southeast corner of Block 727, La Porte, said point being on the west line of the South 18th Street Right -of -Way and being the southwest corner of the herein described tract; THENCE in a northerly direction, along the west line of the South 18th Street Right -of -Way, a distance of 307.50 feet to a point at the northeast corner of Block 727, La Porte, and being the northwest corner of the herein described tract; THENCE in an easterly direction, along the south line of the West Main Street Right -of -Way, a distance of 60 feet to a point at the northwest corner of Block 726, La Porte, and being the northeast corner of the herein described tract; 3 THENCE in a southerly direction, along the east line of the South 18th Street Right -of -Way, a distance of 307.50' to the POINT OF BEGINNING of the herein described Tract One. "TRACT TWO" - PORTION OF ALLEY IN BLOCK 727, LA PORTE: A 776 square foot tract comprised of the northernmost 48.5 feet of the alley in Block 727, La Porte, being generally illustrated on Exhibit "A" incorporated by reference herein, and further described by metes & bounds as follows: COMMENCING at the intersection of the east line of the South 18th Street Right -of -Way and the projected north line of the West "A" Street Right -of -Way; THENCE in a northerly direction along the east line of the North 18th Street Right -of -Way, a distance of 307.50' to its intersection with the south line of the West Main Street Right -of -Way; THENCE in a westerly direction along the south line of the West Main Street Right -of -Way, a distance of 185' to its intersection with the east line of the 16' alley in Block 727, La Porte (as illustrated by a Survey of Block 727, prepared by Civil Concepts, Inc. - Project No. 45-04, Dated 1/22/2007) to the POINT OF BEGINNING and the northeast corner of herein described tract; THENCE continuing in a westerly direction along the south line of the West Main St. Right -of -Way, a distance of 16' to the west line of the alley in Block 727, La Porte, said point being the northwest corner of the herein described tract; THENCE in a southerly direction, along the west line of the alley in Block 727, La Porte, a distance of 48.50 feet to a point being the southwest corner of the herein described tract; THENCE in an easterly direction, along the north line of that portion of the alley in Block 727, La Porte, vacated, abandoned and closed by Ordinance No. 451, dated 8/21/1953, a distance of 16 feet to a point on the east line of the alley 4 of Block 727, La Porte, being the southeast corner of the herein described tract; THENCE in a northerly direction, along the east line of the alley in Block 727, La Porte, a distance of 48.50' to the POINT OF BEGINNING of the herein described Tract Two. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED THIS DAY OF 2013. CITY OF LA PORTE By: Louis K. Kigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: L Clark T. Askins, City Attorney 5 EXHIBIT "A" to ORD. # Mor rb scue TRACT TWO PT. ALLEY BLOCK 727, LA PORTE (16' x 48.50' = 776 SQ. FT.) W MAIN ST TRACT ONE SOUTH 18TH ST. R-O-W (60' x 307.5-' = 18,450 SQ. FT.) a W "A" ST Legend IM Abandoned Right -of --Way REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 11, 2013 Requested By: Tim Tietiens Department: Planning Report: _Resolution: X Ordinance: Exhibits: Resolution Description Memo SSPEED Center Graphic Slides Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: _YES _NO SUMMARY & RECOMMENDATION After Hurricane Ike, Rice University Professor Philip Bedient, through the SSPEED Center (Severe Storm Prediction, Education and Evacuation from Disasters), studied and recently proposed two structural alternatives, known as "Centennial Gate," to protect certain areas from storm surge. The concept is an alternative to the "Ike Dike," but instead of being located at the mouth of Galveston Bay, it would be in the Fred Hartman Bridge area. Its purpose is to protect the region's industrial economy and environment by preventing damage to Ship Channel industries, but it fails to protect other low lying areas of La Porte and other communities fronting Galveston Bay. Centennial Gate would only withhold water that had already amassed in Galveston Bay from the ship channel beyond one of two points currently being considered. "Option A" is alongside the Fred Hartman Bridge linking La Porte and Baytown, while "Option B" extends from the end of Morgan's Point across Atkinson Island over to Baytown. Both Option A and B would also have moveable components capable of withholding a 25 foot surge, but they would not be based upon a levee or seawall at the shoreline. Instead, to withhold water it would use a combination of SH146 and an inland levee constructed to a top elevation of 25 feet until it reaches that elevation of natural topography. Attached is a recent memo generated by the Planning Department and associated graphics provided by the SSPEED Center, which further show the concept and its intended purpose. According to the discussion at a recent SSPEED Center meeting, the water levels would rise an additional six inches above what would have otherwise been the surge level of a major hurricane. A slide showing the areas of additional inundation was presented at the meeting, but is not on the SSPEED website at this time. The Centennial Gate project would need a coalition of public money, industry investment and federal funds that, at this time, are unfunded. Staff recommends approval of the attached Resolution opposing both options for the Centennial Gate proposal. Action Required by Council: Consider approval or other action on the proposed resolution opposing both options for the Centennial Gate proposal. Approved for City Council Agenda Corby Alexander, City Manager Date RESOLUTION NO. A RESOLUTION OF THE CITY OF LA PORTE, TEXAS, OPPOSING THE CENTENNIAL GATE CONCEPT IN ITS CURRENT FORM BEING PROPOSED BY THE RICE UNIVERSITY, SSPEED CENTER (SEVERE STORM PREDICTION, EDUCATION AND EVACUATION FROM DISASTERS), AND PROVIDING FOR THE DELIVERY OF SUCH RESOLUTION TO THE SSPEED CENTER AS WELL AS REGIONAL ECONOMIC DEVELOPMENT AGENCIES AND STATE LEGISLATORS THAT REPRESENT LA PORTE. WHEREAS, the City of La Porte, Texas is a coastal community with 3.1 miles of sea level frontage on Galveston Bay and a significant population of residents and businesses that can be affected by storm surge and sub -tropical coastal rain events, and WHEREAS, a storm -surge suppression concept called Centennial Gate has been developed by the SSPEED Center as a structural means to protect Houston Ship Channel areas upstream of the Fred Hartman Bridge, and WHEREAS, Centennial Gate has been proposed in one of two proposed locations known as Option A and Option B, and WHEREAS, the Centennial Gate concept, if constructed in either of its currently proposed locations, is projected to cause six additional inches of flooding beyond the otherwise -expected storm surge, for the low -elevation areas seaward of Centennial Gate, and WHEREAS, any such increase in storm surge will not only affect the physical state of improvements of La Porte residents and businesses contending with such an event, but will also exacerbate flood insurance costs with increasing depth of flooding for those unprotected by Centennial Gate. WHEREAS, the City of La Porte does not accept the notion that areas of lower elevation seaward of Centennial Gate within any community fronting Galveston Bay should be considered collateral damage from the impacts of a storm surge, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS THAT: Section 1. City Council finds that the recitals above are true and correct. Section 2. City Council hereby agrees that industries along the Houston Ship Channel should be protected, but opposes the Centennial Gate concept in its current form due to storm surge impacts that have been represented to disproportionately increase damage for unprotected areas of the City of La Porte and communities that front Galveston Bay. Section 3. City Council hereby directs the City Secretary to send this Resolution to the SSPEED Center as well as area regional economic development agencies and all State of Texas Legislators that represent La Porte, Texas. PASSED AND APPROVED, this day of , 2013. CITY OF LA PORTE, TEXAS Mayor Louis R. Rigby Attest: City Secretary lz&&4Z -7� City Attorney CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 yLkw.liaortQL,gov Phone: f2811471-5020 / Fax (281) 470-5005 To: Mayor and Members of City C0111101 "I"I") From: Tim Tietjens, Director of Planning Through: Corby Alexander, City Manager Date: 10-10-13 Ile: Centennial Gate Concept I recently attended a workshop meeting at the Rice University SSPEED Center (Severe Storm Prediction, Education and Evacuation froin Disasters), regarding the "Centennial Gate" concept, It is one of the various Structural alternatives proposed by Professor Philip Bedient after Hurricane Ike to enhance the regions ability to protect certain areas from storm surge. Led by Rice University, the SSPEED Center organizes universities, researchers, emergency managers, and private and public entities to address severe storm prediction and its impact on the Gulf Coast area. According to studies discussed at the meeting, a major hurricane hitting near San Luis Pass, could push a surge of Lip to 25 feet into Galveston Bay and the Houston Ship Channel causing nearly $150 billion in estimated damage — from flooded industrial facilities, downtime, productivity loss, clean -Lip and the likely environmental catastrophe. In order to protect the region's overall economy and environment, the Centennial Gate project would need a coalition of public money, industry investment and federal funds that, at this time, are unfunded. Tile Centennial Gate concept is a structural successor to the "Ike Dike" with the notable exception that is much farther up into Galveston Bay. The Ike Dike would withhold a 25 foot storm surge at the Mouth of Galveston Bay and the San Luis Pass using large, movable components, and using Galveston Island and Bolivar Peninsula as a barrier with extensions, to the seawall. The surge effects would be theoretically withheld and dissipated in the gulf. Centennial Gate, on the other hand, would only withhold water that had already amassed in Galveston Bay from the ship channel beyond one of two points currently being considered. "Option A" is alongside the Fred Hartman Bridge linking La Porte and Baytown, while "Option B" extends from the end of Morgans Point across Atkinson Island over to Baytown. Both Option A and B would also have moveable components capable of withholding a 25 foot surge, but they would not be based upon a levee or seawall at the shoreline. Instead, to withhold water it would use a combination of SH146 and an inland levee constructed to a top elevation of 25 feet until it reaches that elevation of natural topography. In the case of Option B, it was reported that the inland levee would exist within Barbours Cut Blvd, and would need to be about six feet high. The first attached slide shows the two location options proposed on a reap. The red line indicates the gate systern and the levee while the yellow circles indicate cross -access points that would be some form of gate system. The second attached slide shows a perspective view of the proposed structure looking southward into the bay.. Surge effects for both options of Centennial Gate would mean an increase of flood levels for the unprotected areas of La Porte. There was an acknowledgement that there will be "collateral damage" - those areas unprotected by Centennial Gate, The dome of surge water, once ➢n Galveston Bay, would have no place to go but further inland for all bay shoreline areas. The third slide attached contains bullet points presented regarding this collateral damage. Both options claim to have "minimal effect on any increases nearby" although Option B shows a "slightly larger effect than option A". According to the discussion at the meeting, the water levels for such a major storm would rise an additional six inches above what would have otherwise been the surge level. A slide showing the areas of additional inundation was presented at the meeting, but is not on the SSPEED website at this time. The forth slide attached shows Centennial Gate on a rnap with LiDAR elevations. It appears to show an elevation on Barbours cut of something less than 19 feet, which throws into question the c➢aim that the Barbours cut levee would only be six feet high. The fifth slide attached includes their bullet points regarding conclusions and future work. It states the positive impacts on areas upstream of the gate but for those seaward of the gate, the suggestion seems to only be "expanding the current warning systems for the bay area, and educating the public as they move into the surge zone". The argument was made that such a gate would also very likely increase industrial investment in the ship channel, knowing that facilities built there would be hardened against the region's sole major natural disaster. While this is very likely true, the obvious effect, seaward of the gate, would be the opposite effect.The notion that there is only a minimal effect to the unprotected areas is a poor argument at best. Any increase at all opens the concept up to legal challenge not to mention the moral effects of such a value judgment of who is expendable and who is not. The slides included in this presentation are a part of the conference presentation which can be viewed at &&W, then click on the "events" tab, scroll down to "prior events", click on the Hurricane Ike conference "link to slides", Cr Traci Leach, Assistant City Manager Dave Mick, Acting City Engineer Em is Council Agenda Item November 11, 2013 8. (a) Receive report of La Porte Development Corporation Board — Councilmember Engelken *********************************************************************************** REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested November 11, 2013 Requested By: Traci Leach Department: Administration Report X Resolution: Ordinance: Appropriation Source of Funds: Account Number: Amount Budgeted: Exhibits: Screenshot of Proposed Website I Amount Requested: Exhibits: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Since November 1, 2013, the City has been handling tourism promotion efforts on behalf of the 12 hotel/motel properties located in La Porte. As part of this effort, several initiatives have been implemented or are underway. Staff is in the process of meeting personally with each hotelier and has been developing a marketing plan to maximize stays in La Porte and address areas of need, as identified by the hoteliers. At this time, staff will demo the proposed tourism website for the City. It links seamlessly to the City's current site but makes it very easy for potential visitors to La Porte to find everything from lodging to restaurants to activities and events. A screen shot of the Home page for the visitor site is attached as an exhibit to provide the Council with an idea of the visual look and feel of the site. Should Council desire to move forward with this site, it can be live by November 15, 2013. Action Required by Council: None. Approved for City Council Agenda Corby D. Alexander, City Manager Date Council Agenda Item November 11, 2013 9. ADMINISTRATIVE REPORTS (a) Receive report from City Manager • Zoning Board of Adjustment Meeting, Tuesday, November 12, 2013 • Thanksgiving Holiday, Thursday November 28, 2013 and Friday, November 29, 2013 • City Council Meeting, Monday, December 9, 2013 • La Porte Development Corporation Board Meeting, Monday December 9, 2013 • Christmas Holidays, Tuesday, December 24, 2013 and Wednesday, December 25, 2013 10. 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 Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, Moser and Mayor Rigby. 11. 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. 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. *********************************************************************************** Council Agenda Item November 11, 2013 13. ADJOURN *********************************************************************************** 71, ] f ! | ! f \ ) | { | m o \/ k� q - \ }) 0 j \ } / \ ) ) ) } LOUIS R. RIGBY Q L DARYL LEOMRD Mayor CourcRmember DM&t3 IOHNZEMANEK 'L 9 TOMMYMOSER 0mrdlmember At Urge A ~ '4 Coundimember Dishid4 DOME KAMINSKI O , � � m Councilmember At Urge B ,r MARTIN tp MIKE MOSTER -�} MayorCioT 5 Cmncllmember District ,_ faKAe / CwndlmemIKE LAUSEN CHUCK ENOELKEN MIKE CIAUSEN Coundlme.Wr Darla 2 Comrdnwrnter Datrid 6 AGENDA ADDENDUM Notice Is hereby given of an ADDENDUM to the regular meeting agenda of items coming before the City Council of La Porte City at a meeting to be held on Monday, November 11, 2013, at 6:00 p.m. at: City Hall — Council Chambers, 604 West Fairmont Parkway, LaPorte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. 7. AUTHORIZATIONSIRESOLUTIONSIORDINANCES (b) Consider approval or other action authorizing the City Manager to draft an amendment to the La Porte-Bayshore Chamber of Commerce Contract and include the additional funding in the upcoming quarterly budget amendment—T. Leach In compliancewith the Americans with Disabilities Act, the City of LaPorte 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 281.470.6019. CERTIFICATION I certify that a Copy of the November 11, 2013, Agenda Addendum of items to be Considered by the City Council was posted on the City Hall bulletin board on November 7, 2013, at 2:50 p.m. 'G&WcL '�j�'"n 7� REQUEST FOR CITY Cf. Agenda Date Requested November 11. 2013 Requested By: Mayor Rigby Department: Report Resolution: Ordinance: Exhibits: Chamber of Commerce Contract Exhibit$: untelMotem..d Roamnsry WNCIL AGENDA ITEM Appropriation Source of Funds: 037 Account Number: Amount Budgeted: Jn 6000 Amount Requested: TBD by Council Budgeted Item: YES NO Exhibit: Proposal from Chamber of Commerce SUMMARY & RECOMMENDATION The City is in the final year of a three-year contract with the La Porte-Bayshom Chamber of Commerce, which expires on September 30, 2014. The annual payment to the Chamber is $70,000 for the promotion and attraction of tourism to the City. The largest tourist event hosted by the Chamber is the Sylvan Beach Day Festival. Ms. Colleen Hicks, president of the Chamber, has requested that the Council consider additional funding to the Chamber for the purpose of securing higher quality musical acts to the Sylvan Beach Day Festival. Ms. Hicks will be present to discuss this item with the Council. Should the Council desire to provide additional funding, staff requests authorization to: 1. Draft a contract amendment to include any additional funding amount; and 2. Include this amount in the upcoming quarterly budget amendment. Action Required by Council: Provide direction to staff on whether to move forward with an amendment to the Chamber of Commerce contract and include the additional funding in the upcoming quarterly budget amendment. Approved for City Couuctl Amm tCorby .Alexander, ty Manager Date THESI'AIEOFTEXAS COUNTY OF HARRIS This agreement made and entered into effective the 14 day of October 2011, by and heuveen the City of IA Porte, a anmuipat corporation, hereinafter called "City' and The Ia ibne — Bayshom Chamber of Conumtce, a non,pmfit corporation dtatterod ruder the mess of the State of Tens, hereinafter called "Chamber," WHEREAS, City, as audioHud by Texas Tax Code Chapter 351, has an ordinance providing for the assessment and m➢ection of a Hotel Occupancy tax in the City of Ia Porte of seven percent (701o) of the consideration paid by the occupant of a room, space or facility in nay hotrl/moW;and WHEREAS, the Chamber is equipped to advertise and conduct solicitation programs to acquaintpomtlal uses vAth public meeting and convention facilities and to ptmmte mudsm and advertise the CityoflaPotle; and WHRIUKA.S, itis to the mutual benefit of the City andChataber that the Cityprovide funds to the Chamber for the above stated purposes and that the Chamber use such funds for the above stated purposes; NOW, TFIEWFORE, inconsideration of the premises and of the mutual covenants herein cones, City and Chsnilrerhereby agree as folloax SEt.CITON I. Chamber shall employ its lest er%re for general promotional and tourist advertising of the City of la Pone and conducting solicitation and operating programs and conducting ape" programs to coattact conventions and visitors, including the establishment and operation by Chamber of a mnveMbnandvisitots bureau. SECTION II. As a consideration for the services set forth in Section 1 heaoi and as part of its obligation under Chapter 351 of the Texas Tax Code to use local hold occupancy tau fiords for attracting and protecting tourism and the convention and hotel industry, City agrees to pay to Chamber an amount not to exceed $70,000.00 from funds received by City from its Hotel Occupancy Tax, in any City fiscal year (being October I to September 30 of the Mow!% calendar ycac during the temu of this ggreement according to the payment schedule established in Section V, herein. However, if in any yeat duting the Lean of this contract (bepinmitrgnvith the 2011- 2012 fiscal year) the Chlotber's Sylvan Beach Festival fuadraim should yidd more than $50,000.00 in net proceeds, Chamber agrees to remit to City fifty percent (STA) of each dollar relsed in excess of said $50,000.00 thteshold In the event a remittance is nude to the City such funds shall be deposited into City's hotel occupancy tax fired The City's obligation to fmrVEad paymcrt as established herein is subject to its right to terminate this agreerneat at say point doting City's fiscal year widr 30 days advance written notice, as authorized in Section =of this agreement Tus� The term of this contract is for three (3) pears, beginnitrg on October 1, 2011 and expiring on September 30, 2014. No less thanninety M days prior to the expiration of the initial 3- yen tom of this agreement, the City and Chamber may renegotiate the cap level as established in Section 11. Any increase in the base contribution Nv& be based on the annual paformencereport and the wood budget subnutwl by the Chamber and shall be approved by City Council SF=CN IV. r In the event 30 days advance written notice of teooimtion is notreceived by the other patty to this ag,,,mmt at least ninety K days prior to the contract conclusion date at the expiration of the initial three (d) year term, this agreement slid be extended on the same terms and conditions for one additional tm (2) year tern. SECiTON V. The City shall, on or before the 45" day following the end of each gnatter, pay $17,500.00 or V. of $70,000.00 to the Cbambm The quarters .vi l end on the 31' day of March, the 3& day of June, the 30a' day of September and the 33t1`' day of December of each year. For purposes of tthis he Wcemerr,'tC y shall make 30 rill[, ' liH�nt on or before the 45m day foibwing 9nntec ending ptembrr SECITON VL Chamber agrees that any and all Hotel OccupanryTax funds paid to it by City shall be used only in the following specific areas: (1) The fumi ddilg of facilities, personnel, and materials for the registration of convention delegates or registrants; (2) Advertising and conducting solicitations and prormtional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity, or (3) Advertising and conductiogsdicitations and Promotional programs to encourage tourists and convmtiondelegates On visitpirsetved historic sifts or museums. Chamber agrees to conduct a continuing program of advertising and promotion for the purpose of attracting vishots, tourists, and conventions to the local area and to City by publishing and distnbuting brochures and community information packets, by advertising in various tourists publications and general media publications which are appropriate, by representing the City at travel shows and other such events, by participating with state and regional agencies in tourist development of benefit to the local area and to City, and by using all appropriate means to increase the traveling public's awareness of the resort and recreational advantages of the local area and City. Chamber further agrees that it will seek to achieve economic bmefit fat City through all such activities, that it will provide tourist - related infomntion about City upon request, and that it will serve as an advisory body to Cityr upon request, in metiers related to eapandaig the tourist-deurved economy. SPCMN VZ The Chamber agrees thatit wiLLrecord expenditures involved in this program on a monthly basis in separate accounts. The boobs of accountwill be maintained an a form approved by the City of I.a Pone. The Chamber agrees to forward a quarterly report to the City on expenditures involving the use ofCuy fluids. Chamber finthet agrees that the reportwiillbe forwarded on or before the 300, day following the end of the quarter. SEMON VIQ. The Clamber agrees, yeatly, to prepare an an nal budget on the use of Hotel Occupancy Tier fiends received from the City of Ire Pone and to submit it to the Ia Porn City Council for approval. The budget submitted to City Council will. coincide with the City's fiscal7can For the year of this sgmemmtS the CI agrees to submit its budget for the 2011-2012 fiscal yese to City Council on or before October 1, 2011. For all future years, Chamber agrees to submit its budget on or before]uly 5i of each yen Any special program promoted by the Chamber of Commerce should be included in the annual budget and reporting submitted by the Chamber. SECTION IX Thirty (30) days after September 30, ax the end of every City fiscal year included under the terms of this agreement, the Chamber will famish to City a performance report of its work under this sumac[, wlddr shall reflect Overall activity, meetings, coirvartiais and conferences conducted, identity, and amount of advertising conducted, copies of literature produced as well. as a description of direct mailings in the last year, and the expendimms during the yea rof the funds received pursuant to this contract SEMON X. The City reserves the right to audit, utilizing its staff or outside assistance, the annual B,sraclal activity of the Chamber that relates to the use of funds from CiWs Hotel OccT2A4T Tat It is understood and agreed by Cuyand Chamber that Hotel OmupncyTax funds may be spent by Chamber for day -today operations including supplies, salaries, office rental, navel expensm, and other administrative costs, if sane have been previously Approved in the budget and if directly related to the promotion of tourism The position of the total adnlwztative costs for which Hotel Occupancy Tax revenues Are expended may not exceed the Actual admieistative costs for these activities. SECTION XL It is understood and agreed that Chamber shall not in airy sense be considered a painter or joint ventures with City, nor shall Chamber be considered not in any manoerbold itself out As an agent or offidal representative of City. Citambec shall be considered an independent contractor for the purposes of this Agreement and shall in no manner incur any expanses or liability on behalf of City. SECLYONXB. Chamber does further agree to hold City hamtle� from any and all claims byy third parties for myinjnries, damage of ]mbiilty occasioned by Chamberlin connection with this agreement SECTIONXIQ. It is understood and agreed that this contract shall be terminated upon occurrence of say of the follmving events: a. Tee giving of 30 days advance written notice of nomination by either party to the other party, if received by thenon-temvoating party at least ninety M days poor to the date of conclusion of this contract at the end of either the initial term or the two (2) year renewal term; b.The termination of the corporate existence of Chanalo , e.Tbeinadvem7 ofChamber,the fling ofapetition. mbanlouptcy, eitberbyaagainst Chamber or an assignment by Chamber for the benefitofcterbton, d.The breach by Chamber of Any of the knits and conditions of this ogteenen t and the oontiouation of such breach for a period of ten (10) days Aft written notice is given by City to Chamber of such breach, In the event of the temminatlon of this+greernent as provided in Section XnI hcteot the City aheRpto-ate, to the date of ternioation, the gaamrlypsyments made in Section V. This contract is not assWmbk. SECnONXn Any notice required to be given muler the term and provisions of this agreement shall be efkctm if and when given in writing and deposited in the United Sates 1Ka wttified of repteted ma8, return rcccipt requested, on the dam so deposited and addressed to the mspwdve parties as hollows: Cary bfaoaget OtyoflsPatm 664 WmtFAm mtPa&way IaPotm,Texas 77571 t WIN gIR a. 01 t' G9YMa CORMAUII AR the tens, condition and stipulations of this contact am subject to all applicable federal haws, and Charttir of the City of Le Pow, eIl ordinances passed putsnent thaem and all judicial demmoinations relative them". WTINL S 01AHA1= dkth, the Ip day of October, 2311. City of Ia Porte IaulwKR%by,Mayot City Secretary By: Attaa REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: A -- 22 2011 Reguested By: Roo Bonomr hI Manager Depar ftt: As i k. fi-n Report: Resolution: Ordinance: Exhibits: Agreement EWbita: SourceorFuuds: Botel/Motel Meouut Number. 03760635656016 Amount Badgered: 170000 Amount Regoeeted:S? .^ ^0a Budgeted It.: Yea Erbibhs SUMMARY & RECOMMCNDATION The existing contract between the City of La Porte and the Le, Porte-Bayshore Chamber of Commerce for the purpose of advertising the City and conducting solicitation programs to promote tourism within the City will expire on September 30, 2011. During negotiations, it was agreed to anew the agreement with the Chamber with an increased base contribution of $70,000 per year (up from $50,D00) based on the following key provision: • If, in any year during this contract (beginning with the 2011-2012 fiscal year), the Chamber's Sylvan Beach Festival fundraiser should yield more than $50,000 in net proceeds, the Chamber agrees to remit to the City fifty percent of each dollar raised in excess of said $50,000. Any remittance of funds under this provision would be deposited in the Hotel Motel Fund of the City. There were no other changes made to the agreement and it remains the same as the previous 3- year agreement. The proposed agreement would expire on September 30, 2014. Action Reouired by Council: Consider approval of an agreement between the City of La Porte and the La Porte-Bayshore Chamber of Commerce. Approved for City Council Agenda Ron Bottoms, City Manager Dale City of La Porte HotellMotel Occupancy Tax Fund (037) Summary Beginning FhndBdance 913412 $ 1,030,518 Plus Estimated 12-13 Revenues 505,500 Less Estimated 12-13 OpetatirgHMrnditures 566,669 Reaerse for Mainsheet 25,632 Total Expenditures & Commitments 592,301 "located FuadBaimwn 913W3 943,717 Plus 13-14 Revmd.: Ououpaucy Tax 500,000 lnterest Income 1,500 Total Revenue 501,500 Erryab Td&Resmrrex 1,443,217 Less M14 Expenditures: Hntel /Motel Operation 414,373 TYanfa to Oanaal CIP Fund 165,000 Total Expenditures 579,379 BndlagFLadBdanee9B&74 $ 365,939 Estimated Projected 2012-13 2013-14 Revenues $ 505,500 S 501,500 Expenditures &Commitments 592,301 579,379 Revonues over Expenditures S (86,801) S (77,878) / k f . ! (!ƒ a k|m !26! \ 02 r EM / �® m § ! - ); ) ;| ) } ] \ \ \ 0 CD E r ! ) ) \ / \ \