HomeMy WebLinkAbout01-23-17 Regular Meeting of the La Porte City Council
LOUIS R. RIGBYCHUCK ENGELKENCHUCK ENGELKEN
MayorCouncilmember District 2Councilmember District 2
JOHN ZEMANEKDARYL LEONARD
Councilmember At Large ACouncilmember At Large ACouncilmember District 3Councilmember District 3
DOTTIE KAMINSKIDOTTIE KAMINSKIKRISTIN MARTIN
Councilmember At Large BCouncilmember At Large BCouncilmember District 4Councilmember District 4
DANNY EARPJAY MARTIN
Mayor Pro-TemCouncilmember District 5Councilmember District 5
Councilmember District 1Councilmember District 1 MIKE CLAUSEN
Councilmember District 6Councilmember District 6
CITY COUNCIL MEETING AGENDACITY COUNCIL MEETING AGENDA
Notice is hereby given of a Regular Meeting of the La Porte City Council to be held January 23, 2017, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held
January 23, 2017,
beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La
Porte, Texas,
for the purpose of considering the following agenda items. All agenda items are subject to action.for the purpose of considering the following agenda items. All agenda items are subject
to action.
1.CALL TO ORDERCALL TO ORDER
2.INVOCATIONINVOCATIONThe invocation will be given by Assistant City Attorney Clark Askins.The invocation will be given by Assistant City Attorney Clark Askins.
3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCEThe Pledge of Allegiance will be led by Councilmember Daryl Leonard.The Pledge of Allegiance will be led by Councilmember Daryl Leonard.
4.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.)
5.CONSENT AGENDACONSENT AGENDA(All consent agenda items are considered routine by City Council and will beenacted by (All consent agenda items are considered routine by City Council
and will beenacted by
one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember
requests an item be
removed and considered separately.)removed and considered separately.)
(a)(a)Consider approval or other action regarding minutes of the meeting held on January 9, 2017 Consider approval or other action regarding minutes of the meeting held on January 9,
2017 Consider approval or other action regarding minutes of the meeting held on January 9, 2017 Consider approval or other action regarding minutes of the meeting held on January 9,
2017 -
P. FogartyP. Fogarty
(b)Consider approval or other action appointing Christopher Cargile to the City of La Porte Police Consider approval or other action appointing Christopher Cargile to the City of La
Porte Police
Reserve Force Reserve Force -- K. Adcox K. Adcox
(c)Consider approval or other action regarding an Ordinance amending the City of La Porte Consider approval or other action regarding an Ordinance amending the City of La Porte
Fiscal Year 2016Fiscal Year 2016--2017 Budget 2017 Budget -- S. Wolny S. Wolny
(d)Consider approval or other action awarding Bid #17004 for Little Cedar Bayou Phase II Consider approval or other action awarding Bid #17004 for Little Cedar Bayou Phase II
Improvements Improvements -- D. Pennell D. Pennell
(e)Consider approval or other action awarding Bid #17009 for Main Street Elevated Water Tank Consider approval or other action awarding Bid #17009 for Main Street Elevated Water Tank
-
D. PennellD. Pennell
(f)Consider approval or other action regarding a Memorandum of Agreement with Fairmont Park Consider approval or other action regarding a Memorandum of Agreement with Fairmont Park
Homeowners Association for a community cooperation project providing for fence installation Homeowners Association for a community cooperation project providing for fence installation
along portions of Farrington Blvd., and along Collingswood Dr., both abutting Fairmont Park for along portions of Farrington Blvd., and along Collingswood Dr., both abutting Fairmont
Park for
a total City contribution of $5,000.00 a total City contribution of $5,000.00 -- T. Leach T. Leach
(g)Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement
with the City of Shoreacres for municipal court services with the City of Shoreacres for municipal court services -- D. Mitrano D. Mitrano
(h)Consider approval or other action regarding an Ordinance authorizing the issuance of City of Consider approval or other action regarding an Ordinance authorizing the issuance of City
of
La Porte, Texas Certificates of Obligation, Series 2017 La Porte, Texas Certificates of Obligation, Series 2017 -- P. Rinehart P. Rinehart
6.AUTHORIZATIONS/ORDINANCESAUTHORIZATIONS/ORDINANCES
(a)(a)Consider approval or other action awarding Bid #17002 for the LPISD Historic Colored School Consider approval or other action awarding Bid #17002 for the LPISD Historic Colored
School Consider approval or other action awarding Bid #17002 for the LPISD Historic Colored School Consider approval or other action awarding Bid #17002 for the LPISD Historic Colored
School
ReconstructionReconstruction--Phase 2 Rebid Phase 2 Rebid -- D. Pennell D. Pennell
(b)Consider approval or other action regarding funding to the Bay Area Coastal Protection Consider approval or other action regarding funding to the Bay Area Coastal Protection
Alliance for the production of new video to promote a coastal spine Alliance for the production of new video to promote a coastal spine -- C. Alexander C. Alexander
(c)Consider approval or other action regarding an Ordinance amending Chapter 34 Consider approval or other action regarding an Ordinance amending Chapter 34
Environment,Environment,of the Code of Ordinances of the City of La Porte, Texas for the purpose of of the Code of Ordinances of the City of La Porte, Texas for the purpose of
enacting regulations for utilization of donation collection bins enacting regulations for utilization of donation collection bins --C. AlexanderC. Alexander
7.DISCUSSION AND POSSIBLE ACTIONDISCUSSION AND POSSIBLE ACTION
(a)Discussion and possible action regarding the reassignment of the detective position assigned Discussion and possible action regarding the reassignment of the detective position assigned
to Internet Crimes Against Children (ICAC) to the Patrol Division to Internet Crimes Against Children (ICAC) to the Patrol Division -- K. Adcox K. Adcox
8.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS
Zoning Board of Adjustment Meeting, Thursday, January 26, 2017Zoning Board of Adjustment Meeting, Thursday, January 26, 2017
City Council Meeting, Monday, February 13, 2017City Council Meeting, Monday, February 13, 2017
City Council Meeting, Monday, February 27, 2017City Council Meeting, Monday, February 27, 2017
Planning and Zoning Commission Meeting, Thursday, February 16, 2017Planning and Zoning Commission Meeting, Thursday, February 16, 2017
Zoning Board of Adjustment Meeting, Thursday, February 23, 2017Zoning Board of Adjustment Meeting, Thursday, February 23, 2017
9.COUNCIL COMMENTSCOUNCIL COMMENTS regarding matters appearing on the agenda; recognition of regarding matters appearing on the agenda; recognition of
communitymembers, city employees, and upcoming events; inquiry of staff regarding specific factual communitymembers, city employees, and upcoming events; inquiry of staff regarding specific
factual
information or existing policies. Councilmembers Leonard, Engelken, Earp, Clausen, J. Martin, K. information or existing policies. Councilmembers Leonard, Engelken, Earp, Clausen, J.
Martin, K.
Martin, Kaminski, Zemanek and Mayor Rigby.Martin, Kaminski, Zemanek and Mayor Rigby.
10.10.ADJOURNADJOURNADJOURNADJOURN
The City Council reserves the right to meet in closed session on any agenda item should the need arise and if 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 (the Texas open applicable pursuant to authorization by Title 5, Chapter 551, of the Texas
Government Code (the Texas open
meetings laws).meetings laws).
In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable 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 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 281.470.5019.24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.
CERTIFICATIONCERTIFICATION
I certify that a copy of the January 23, 2017 , agenda of items to be considered by the City Council was posted on the City I certify that a copy of the January 23, 2017 , agenda of
items to be considered by the City Council was posted on the City
Hall bulletin board on January 18, 2017.Hall bulletin board on January 18, 2017.
Council Agenda Item Council Agenda Item
January 23, 2017 January 23, 2017
1.CALL TO ORDERCALL TO ORDER
2.INVOCATIONINVOCATIONThe invocation will be given by Assistant City Attorney Clark Askins.The invocation will be given by Assistant City Attorney Clark Askins.
3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCEThe Pledge of Allegiance will be led by Councilmember Daryl Leonard.The Pledge of Allegiance will be led by Councilmember Daryl Leonard.
4.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.)
****************************************************************** ******************************************************************
Council Agenda Item Council Agenda Item
January 23, 2017 January 23, 2017
5.CONSENT AGENDACONSENT AGENDA(All consent agenda items are considered routine by City Council and will beenacted by (All consent agenda items are considered routine by City Council
and will beenacted by
one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember
requests an item be
removed and considered separately.)removed and considered separately.)
(a)Consider approval or other action regarding minutes of the meeting held on January 9, 2017 Consider approval or other action regarding minutes of the meeting held on January 9, 2017
-
P. FogartyP. Fogarty
(b)Consider approval or other action appointing Christopher Cargile to the City of La Porte Police Consider approval or other action appointing Christopher Cargile to the City of La
Porte Police
Reserve Force Reserve Force -- K. Adcox K. Adcox
(c)Consider approval or other action regarding an Ordinance amending the City of La Porte Consider approval or other action regarding an Ordinance amending the City of La Porte
Fiscal Year 2016Fiscal Year 2016--2017 Budget 2017 Budget -- S. Wolny S. Wolny
(d)(d)Consider approval or other action awarding Bid #17004 for Little Cedar Bayou Phase II Consider approval or other action awarding Bid #17004 for Little Cedar Bayou Phase II Consider
approval or other action awarding Bid #17004 for Little Cedar Bayou Phase II Consider approval or other action awarding Bid #17004 for Little Cedar Bayou Phase II
Improvements Improvements -- D. Pennell D. Pennell
(e)Consider approval or other action awarding Bid #17009 for Main Street Elevated Water Tank Consider approval or other action awarding Bid #17009 for Main Street Elevated Water Tank
-
D. PennellD. Pennell
(f)Consider approval or other action regarding a Memorandum of Agreement with Fairmont Park Consider approval or other action regarding a Memorandum of Agreement with Fairmont Park
Homeowners Association for a community cooperation project providing for fence installation Homeowners Association for a community cooperation project providing for fence installation
along portions of Farrington Blvd., and along Collingswood Dr., both abutting Fairmont Park along portions of Farrington Blvd., and along Collingswood Dr., both abutting Fairmont Park
for a total City contribution of $5,000.00 for a total City contribution of $5,000.00 -- T. Leach T. Leach
(g)Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement
with the City of Shoreacres for municipal court services with the City of Shoreacres for municipal court services -- D. Mitrano D. Mitrano
(h)Consider approval or other action regarding an Ordinance authorizing the issuance of City of Consider approval or other action regarding an Ordinance authorizing the issuance of City
of
La Porte, Texas Certificates of Obligation, Series 2017 La Porte, Texas Certificates of Obligation, Series 2017 -- P. Rinehart P. Rinehart
****************************************************************** ******************************************************************
LOUIS RIGBY
CHUCK ENGELKEN
Mayor
Councilmember District 2
JOHN ZEMANEK
DARYL LEONARD
Councilmember At Large A
Councilmember District 3
DOTTIE KAMINSKI
KRISTIN MARTIN
Councilmember At Large B
Councilmember District 4
DANNY EARP
JAY MARTIN
Mayor Pro-Tem
Councilmember District 5
Councilmember District 1
MIKE CLAUSEN
Councilmember District 6
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
JANUARY 9, 2017
The City Council of the City of La Porte met in a regular meeting on Monday, January 9, 2017, at the City Hall
Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items
of business:
1. Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers
Engelken, K. Martin, Leonard, Earp, Zemanek, Clausen, and Kaminski. Absent: Councilmember J.
Martin. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant
City Attorney Clark Askins.
2. INVOCATION The invocation was given by Clark Askins, Assistant City Attorney.
3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember John Zemanek.
4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a) Recognition Winners of the 2016 Christmas Parade Mayor Rigby
Mayor Rigby recognized
the winners of the 2016 Christmas Parade.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Catherine Focke, 111 South Y St., addressed Council with concerns of tenants residing at 202 South Y
St., and not abiding by City ordinances. She requested Council address these issues.
Charlotte Mahoney, 227 South Y St., addressed Council with concerns of the tenants residing at 202
South Y St., and not abiding City ordinances. She requested Council address these issues.
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 minutes of meeting held on December 12, 2016
P. Fogarty
Page 1 of 6
Jan. 9, 2017, Council Meeting Minutes
(b) Consider approval or other action regarding an Ordinance ordering the May 6, 2017, General
Election of the City of La Porte P. Fogarty
(c) Consider approval or other action regarding a Resolution of the City Council of the City of
La Porte, Texas opposing any legislation that increases the maximum transport haul weights
over roadways in the City of La Porte, to include heavy haul corridor(s) T. Leach
(d) Consider approval or other action authorizing the Mayor to sign a letter advocating the Texas
Legislature to change language of Section 505.258(1), Local Government Code to allow the La
Porte Development Corporation to continue to collect sales tax as long as bonds, projects, or
other obligations of the Corporation exists T. Leach
(e) 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 of twelve (12)
months with the approval of Harris County T. Leach
(f) Consider approval or other action awarding Bid # 17006 for Water and Sewer Supplies D.
Pennell
(g) Consider approval or other action awarding Bid # 17001 for Browning and Golden Drainage
Improvements Project D. Pennell
(h) Consider approval or other action awarding Bid # 17008 for Clarifier Rehabilitation at the City of
La Porte Wastewater Treatment Facility D. Pennell
(i) Consider approval or other action regarding an Ordinance
of the Code of Ordinances of the City of La Porte, by adopting rules for electronic submission of
bids and proposals in accordance with Section 252.0415, Texas Local Government Code C.
Daeumer
(j) Consider approval or other action regarding a professional services agreement with HDR
Engineering, Inc., for on-going GIS technical services B. Sterling
Consent Item D, was removed from consideration at the request of City Manager Corby Alexander.
Councilmember Earp asked questions regarding Consent Items E, G, H, I and J.
Regarding Item E, Councilmember Earp asked how many citizens used the services last year.
Assistant City Manager Traci Leach advised 7,896 for October-June 2016; 8,848 for Fiscal Year 2015;
8447 for Fiscal Year 2014 and 6,913 for Fiscal Year 2013.
Regarding Item G, Councilmember Earp asked if points were given to the locally owned business.
Assistant Director of Public Works Don Pennell responded they did not meet the criteria for designation
as a local vendor.
Regarding Item H, Councilmember Earp asked if the
previous three that were replaced. Assistant Director of Public Works Don Pennell responded yes.
Page 2 of 6
Jan. 9, 2017, Council Meeting Minutes
Regarding Item I, Councilmember Earp asked if the City currently uses the service and will there be an
increase in cost. Purchasing Manager Cherell Daeumer advised the City is currently using the service,
and there will not be an increase for the City or vendors.
Regarding Item J, Councilmember Earp asked if the item goes out for bid. GIS Manager Brian Sterling
responded no. Councilmember Earp asked if another company provides the service. Mr. Sterling
responded there may be others that provide the service; but HDR Engineering, Inc., is used because of
their municipal experience.
Councilmember Engelken made a motion to approve Consent Agenda Items 6 a, b, c, e-j pursuant to
staff recommendations. Councilmember Earp seconded the motion. MOTION PASSED
UNANIMOUSLY 8/0. Councilmember J. Martin was absent.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-3661: AN
ORDINANCE ORDERING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE, TEXAS; DESIGNATING
ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR A JOINT ELECTION WITH THE LA PORTE
INDEPENDENT SCHOOL DISTRICT AND SAN JACINTO COLLEGE DISTRICT; PROVIDING FOR THE USE OF VOTING
MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD, LOCATIONS AND DATES OF EARLY
VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES
OF SAID ELECTION; PROVIDING FOR A RUN-OFF ELECTION IF NECESSARY, ON THE SECOND SATURDAY IN JUNE;
PROVIDING FOR NOTICE; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETING LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-3662: AN
ORDINANCE
LA PORTE, TEXAS BY ADOPTING RULES FOR ELECTRONIC SUBMISSION OF BIDS AND PROPOSALS IN
ACCORDANCE WITH SECTION 252.0415, TEXAS LOCAL GOVERNMENT CODE; FINDING COMPLIANCE WITH THE
OPEN MEETINS LAW; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
7. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments on the recommendation of the Dangerous Building
Inspection Board for condemnation of dangerous/substandard buildings located at 403 Arizona;
223 Bayside Dr.; 2823 S. Broadway #1 and 211 N. Forrest; consider approval or other action
regarding Ordinances for condemnation of dangerous/substandard buildings located at 403
Arizona; 223 Bayside Dr.; 2823 S. Broadway #1 and 211 N. Forrest M. Collier
The public hearing opened at 6:20 p.m.
Deputy Building Official Mike Collier presented a summary of four structures, 403 Arizona; 223 Bayside
Dr.; 2823 S. Broadway #1; and 211 N. Forrest, which were discussed at the September 12, 2016,
council meeting, and given a 120-day extension to either complete or substantially complete repairs or
be demolished.
Mr. Collier recommended 223 Bayside be removed from the dangerous building list, requested an
additional 30-45 days to conduct a complete evaluation of 211 N. Forrest and recommended 2823 S.
Broadway #1 and 403 Arizona be demolished due to no improvements.
Rand Nicols, 223 Bayside Dr., addressed Council and provided an update on the improvements made
to his property.
Page 3 of 6
Jan. 9, 2017, Council Meeting Minutes
Abe Castaneda, 2823 S. Broadway #1, addressed Council requesting not to tear down the entire
building.
John Braniff, 3135 Fondren, addressed Council regarding 2823 S. Broadway #1 and requested the
building be demolished.
Nancy Doize, 211 N. Forrest, addressed Council with an update on the improvements being made on
her property and requested additional time for repairs before selling the home.
Randall Sexton, 403 Arizona, addressed Council and requested additional time to retrieve personal
belongings from the property.
The public hearing was held open until February 13, 2017.
Councilmember Zemanek made a motion to remove 223 Bayside Dr., from the dangerous building list;
continue the public hearing until February 13, 2017, for 211 N. Forrest; and follo
recommendation to demolish 2823 S. Broadway #1 and 403 Arizona. Councilmember Engelken
seconded the motion. MOTION PASSED UNANIMOUSLY 8/0. Councilmember J. Martin was
absent.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-3663: AN
ORDINANCE DECLARING THE COMMERCIAL BUILDING LOCATED AT 0.138 ACRE TRACT DESCRIBED AS TRACTS
33B AND 34D, ABSTRACT 30, W.P., HARRIS, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 2823 S.
BROADWAY ST. #1. TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT BRETT
COE, EDWARD SOLIZ, AND ABRAHAM CASTANEDA ARE THE RECORD OWNERS OF SAID PROPERTY; ORDERING
THE SAID OWNERS TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUIDLING; ORDERING THE SAID OWNERS TO
COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A
NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO
SAID OWNERS; PROVIDING FOR THE REMOVAL OF SAID BUILDING BY THE CITY OF LA PORTE IF NOT REMOVED
BY SAID OWNERS IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-3664: AN
ORDINANCE DECLARING THE PRIMARY RESIDENTIAL DWELLING LOCATED AT LOTS FOUR (4) AND FIVE (5) AND
SOUTH ½ OF LOT THREE (3), BLOCK 223, CITY OF LA PORTE, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN
AS 403 ARIZONA ST. TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT
RANDALL E. SEXTON IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY
REMOVE OR TEAR DOWN SUCH BUIDLING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID
REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE;
ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING; ORDERING
THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE
REMOVAL OF SAID BUILDING BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNERS IN THE MANNER
PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW.
8. AUTHORIZATIONS
(a) Consider approval or other action authorizing the purchase of one horizontal grinder from
RotoChopper for a total amount of $270,158.00 D. Pennell
Page 4 of 6
Jan. 9, 2017, Council Meeting Minutes
Assistant Public Works Director Don Pennell presented a summary.
Councilmember Zemanek made a motion to authorize the purchase of one horizontal grinder from
RotoChopper for a total amount of $270,158.00. Councilmember Earp seconded the motion. MOTION
PASSED UNANIMOUSLY 8/0. Councilmember J. Martin was absent.
9. DISCUSSION AND POSSIBLE ACTION
(a) Discussion and possible action regarding appointments to fill vacancies on the City of La Porte
Zoning Board of Adjustment P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Councilmember Kaminski made a motion to move Dennis Oian from Alternate 2 position to Position 4;
Shelley Fuller to Alternate 1 position and Thomas Deen to Alternate 2 position, on the Zoning Board of
Adjustment. Councilmember Engelken seconded the motion. MOTION PASSED UNANIMOUSLY 8/0.
Councilmember J. Martin was absent.
10. REPORTS
(a) Receive report of La Porte Development Corporation Board Councilmember Engelken
No report was provided.
11. ADMINISTRATIVE REPORTS
City Manager Corby Alexander advised Council that Staff will reach out to the citizens who addressed
Council with concerns of potential code violations and animal control issues at 202 South Y St.
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.
Councilmember Zemanek welcomed everyone back and hoped everyone had a happy and safe
holiday;
Councilmember Leonard wished everyone a Happy New Year;
Councilmember Engelken wished everyone a Happy New Year and commented the meeting was good;
Councilmember Earp passed on making comments;
Councilmember Clausen wished everyone a Happy New Year;
Councilmember K. Martin wished everyone a Happy New Year and congratulated the parade winners;
Councilmember Kaminski Martin wished everyone a Happy New Year; and congratulated the parade
winners;
Mayor Rigby wished everyone a Happy New Year and best wishes for 2017.
13. EXECUTIVE SESSION The City reserves the right to meet in closed session on any agenda item
should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas
Government Code, including, but not limited to, the following:
Page 5 of 6
Jan. 9, 2017, Council Meeting Minutes
Texas Government Code, Section 551.072 Deliberation regarding Real Property: Meet with City
Manager and City Attorney to discuss acquisition of real property adjacent to the Fitness Center.
City Council recessed the regular Council meeting to convene an executive session at 7:09 p.m.
regarding the item listed above.
14. RECONVENE into regular session and consider action, if any on item(s) discussed in executive
session.
City Council reconvened into the regular Council meeting at 7:23 p.m.
Regarding the discussion acquisition of real property adjacent to the Fitness Center, Councilmember
Engelken made a motion to direct Staff to negotiate the property adjacent to the Fitness Center.
Councilmember Zemanek seconded. MOTION PASSED 8/0. Councilmember J. Martin was absent.
15. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the
meeting at 7:24 p.m. Councilmember Leonard seconded the motion. MOTION PASSED
UNANIMOUSLY 8/0. Councilmember J. Martin was absent.
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on January 23, 2017.
________________________________
Mayor Louis R. Rigby
Page 6 of 6
Jan. 9, 2017, Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
January 23, 2017January 23, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/AN/A
Kenith AdcoxKenith AdcoxSource of Funds:Source of Funds:
Requested By:Requested By:
PolicePoliceAccount Number:Account Number:
Department:Department:
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
Other:Amount Requested:Amount Requested:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Article III, Section 54Article III, Section 54--61 of the Code of Ordinances and the Texas Government Code, Section 341.012, 61 of the Code of Ordinances and the Texas Government Code,
Section 341.012,
both entitled Police Reserve ForcePolice Reserve Force, , require that persons appointed by the Chief of Police as reserve require that persons appointed by the Chief of Police as
reserve
police officers must be approved by City Council before they may carry a weapon or otherwise act as a police officers must be approved by City Council before they may carry a weapon
or otherwise act as a
peace officer.peace officer.
The Department is requesting that City Council approve the appointment of Christopher Cargile to the The Department is requesting that City Council approve the appointment of Christopher
Cargile to the
Police Reserve Force. Police Reserve Force. Mr. Cargile holds a current Peace Officers License with the State of Texas and Mr. Cargile holds a current Peace Officers License with the
State of Texas and
has met all the same criteria (qualifications, training, screening, etc.) required for a fullhas met all the same criteria (qualifications, training, screening, etc.) required for a
full--time police time police
officer position with the La Porte Police Department.officer position with the La Porte Police Department. Mr. Cargile was also recently hired as a partMr. Cargile was also recently
hired as a part--time
jailer for the La Porte Police Department. jailer for the La Porte Police Department.
Action Required of Council:Action Required of Council:
Consider approval or other action to appoint of Christopher Cargile to the La Porte Police Reserve Consider approval or other action to appoint of Christopher Cargile to the La Porte
Police Reserve
Force.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: January 23, 2017
Source of Funds: N/A
Requested By: Michael Dolby, CPA
Account Number: N/A
Department: Finance
Amount Budgeted: N/A
Report: Resolution: Ordinance: XX
Amount Requested: N/A
Exhibits: Ordinance
Budgeted Item: YES NO
Exhibits: Excerpt from FY 2017 Adopted Budget
& Amended Budget (Exhibit A & B)
Exhibits: Explanations / Backup for Amendment (Exhibit C)
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2016-17 Budget on September 26, 2016.
The Summary of Funds, which is shown below, represents the amendments which council previously approved to the
FY 2016-17 Budget. (*denotes funds with current changes)
Proposed
Original Budget Amended Budget
General Fund $ 47,089,127 $ 47,089,127
Grant Fund 1,417,967 1,537,967 *
Street Maintenance Sales Tax Fund 1,605,313 1,605,313
Emergency Services District Sales Tax Fund 1,302,632 1,302,632
Hotel/Motel Occupancy Tax 836,241 836,241
Economic Development Corporation 2,631,181 2,631,181
Tax Increment Reinvestment Zone 6,309,824 6,309,824
Utility 7,322,478 7,322,478
Airport 186,773 186,773
La Porte Area Water Authority 1,391,802 1,391,802
Motor Pool 2,591,574 2,861,732 *
Insurance Fund 7,850,066 7,850,066
Technology Fund 100,000 100,000
General Capital Improvement 3,769,150 3,769,150
Utility Capital Improvement 1,040,000 1,040,000
Sewer Rehabilitation Capital Improvement 350,000 350,000
Drainage Improvement Fund 365,000 365,000
2015 Certificates of Obligation Bond Fund 3,227,687 3,227,687
General Debt Service 3,913,706 3,913,706
La Porte Area Water Authority Debt Service 326,400 326,400
$93,626,921 $94,017,079
Action Required by Council:
Adopt Ordinance Amending Fiscal Year 2016-17 Budget for the following items:
A.$120,000 in the Grant Fund for an agreement with the Head Start Program for a paving project.
B.$270,158 in the Motor Pool Fund for replacement of a horizontal grinder.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
EXHIBIT A
(ORIGINAL BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 16-17FY 16-17
RevenuesExpenses
Governmental Fund Types:
General Fund42,853,397$47,089,127
Grant Fund1,004,1001,417,967
Street Maintenance Sales Tax1,108,7501,605,313
Emergency Services District1,107,7501,302,632
Hotel/Motel Occupancy Tax651,500836,241
Economic Development Corporat2,221,0002,631,181
Tax Increment Reinvestment6,727,7986,309,824
Total Governmental Types55,674,29561,192,285
Enterprise:
Utility8,097,9007,322,478
Airport61,000186,773
La Porte Area Water Authority1,544,8871,391,802
Total Enterprise9,703,7878,901,053
Internal Service
Motor Pool3,108,7352,591,574
Insurance Fund7,667,3137,850,066
Technology Fund448,325100,000
Total Internal Service11,224,37310,541,640
Capital Improvement:
General2,945,2003,769,150
Utility2,123,0001,040,000
Sewer Rehabilitation301,000350,000
Drainage Improvement Fund272,000365,000
2015 C/O Bond Fund-3,227,687
Total Capital Improvement5,641,2008,751,837
Debt Service:
General3,872,7953,913,706
La Porte Area Water Authority-326,400
Total Debt Service3,872,7954,240,106
Total All Funds$86,116,450$93,626,921
EXHIBIT B
(AMENDED BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 16-17FY 16-17
RevenuesExpenses
Governmental Fund Types:
General Fund42,853,397$47,089,127
Grant Fund1,124,1001,537,967
Street Maintenance Sales Tax1,108,7501,605,313
Emergency Services District1,107,7501,302,632
Hotel/Motel Occupancy Tax651,500836,241
Economic Development Corporat2,221,0002,631,181
Tax Increment Reinvestment6,727,7986,309,824
Total Governmental Types55,794,29561,312,285
Enterprise:
Utility8,097,9007,322,478
Airport61,000186,773
La Porte Area Water Authority1,544,8871,391,802
Total Enterprise9,703,7878,901,053
Internal Service
Motor Pool3,108,7352,861,732
Insurance Fund7,667,3137,850,066
Technology Fund448,325100,000
Total Internal Service11,224,37310,811,798
Capital Improvement:
General2,945,2003,769,150
Utility2,123,0001,040,000
Sewer Rehabilitation301,000350,000
Drainage Improvement Fund272,000365,000
2015 C/O Bond Fund-3,227,687
Total Capital Improvement5,641,2008,751,837
Debt Service:
General3,872,7953,913,706
La Porte Area Water Authority-326,400
Total Debt Service3,872,7954,240,106
Total All Funds$86,236,450$94,017,079
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
January 23, 2017January 23, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
032 CDBG Grant032 CDBG Grant
Don PennellDon PennellSource of Funds:Source of Funds:
Requested By:Requested By:
032.9892.530.1100032.9892.530.1100
Public WorksPublic WorksAccount Number:Account Number:
Department:Department:
$1,500,000.00$1,500,000.00
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
Amount Amount
Other:
$541,355.59$541,355.59
Requested:Requested:
AttachmentsAttachments : :
Budgeted Item:Budgeted Item:YESYESNONO
1.Bid TabulationBid Tabulation
2.Bid RecommendationBid Recommendation
3.Project Area MapProject Area Map
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Phase II of the Little Cedar Bayou drainage improvements runs from Madison St. right of way to 450 feet Phase II of the Little Cedar Bayou drainage improvements runs from Madison St.
right of way to 450 feet
thththth
south of Spencer Highway generally along the 13th, 14south of Spencer Highway generally along the 13th, 14 & 15 & 15 blocks and Street Right of ways. The blocks and Street Right of
ways. The
project consists of widening the drainage channel and cleaning out and straightening the existing project consists of widening the drainage channel and cleaning out and straightening
the existing
channel. This project is funded by the Texas General Land Office for communities impacted by the 2008 channel. This project is funded by the Texas General Land Office for communities
impacted by the 2008
hurricanes. Funds for the project were allocated by the United States Department of Housing and Urban hurricanes. Funds for the project were allocated by the United States Department
of Housing and Urban
Development through the Community Development Block Grant Disaster Recovery Program (CDBG) Development through the Community Development Block Grant Disaster Recovery Program (CDBG)
July 7, 2011.July 7, 2011.
Bid #17004-Little Cedar Bayou Phase II Improvements was advertised on October 20 & 27, 2016 in the Little Cedar Bayou Phase II Improvements was advertised on October 20 & 27, 2016 in
the
Bay Area Observer, posted on Public Purchase and the cityBay Area Observer, posted on Public Purchase and the citys website. Thirtys website. Thirty--three vendors downloaded three
vendors downloaded
the bid package. Bid #17004 was opened and read on December 13, 2016, seven bids were received. the bid package. Bid #17004 was opened and read on December 13, 2016, seven bids were
received. the bid package. Bid #17004 was opened and read on December 13, 2016, seven bids were received. the bid package. Bid #17004 was opened and read on December 13, 2016, seven
bids were received.
Paskey Inc. submitted the low bid at $492,141.59 which includes the base bid ($463,390.37) and Paskey Inc. submitted the low bid at $492,141.59 which includes the base bid ($463,390.37)
and
Alternate Bid 1 ($28,751.22.00). Paskey Inc. has successfully completed construction projects for the Alternate Bid 1 ($28,751.22.00). Paskey Inc. has successfully completed construction
projects for the
City of La Porte in the past. City of La Porte in the past.
Contingency: Staff is requesting a $49,214.00 contingency equal to 10.0%. Contingency: Staff is requesting a $49,214.00 contingency equal to 10.0%.
The overall project budget is $1.5 million. After land acquisition costs, grant administration, and design The overall project budget is $1.5 million. After land acquisition costs,
grant administration, and design
costs, the remaining balance for construction is $651,725. costs, the remaining balance for construction is $651,725.
Benefits:
The project will address drainage and flooding issues in the area and allow for future drainage The project will address drainage and flooding issues in the area and allow for future
drainage
improvements upstream.improvements upstream.
Liabilities:
Deferring the project construction would add to future drainage and flooding issues.Deferring the project construction would add to future drainage and flooding issues.
Operating Costs: Operating Costs:
Vegetative growth control.Vegetative growth control.
Action Required of Council:Action Required of Council:
Consider approval or other action to award Bid #17004 to Paskey Inc., for the Little Cedar Bayou Phase Consider approval or other action to award Bid #17004 to Paskey Inc., for the Little
Cedar Bayou Phase
II Improvements and authorize the City Manager to enter into a construction contract in the amount of II Improvements and authorize the City Manager to enter into a construction contract
in the amount of
$492,141.59 with a total project funding allocation equal to $541,355.59 including a $49,214.00 $492,141.59 with a total project funding allocation equal to $541,355.59 including a $49,214.00
construction contingency. construction contingency.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
TABULATION OF BIDS
Little Cedar Bayou Phase II Improvements
CITY OF LA PORTE
12/15/16
RECEIVED AND OPENED ON 12/13/2016 AT 2:00 PM
Prepared By: JMB
BIDDER NUMBER 6 BIDDER NUMBER 7
BIDDER NUMBER 1 BIDDER NUMBER 2 BIDDER NUMBER 3 BIDDER NUMBER 4
BIDDER NUMBER 35 ENGINEER'S OPINION OF PROBABLE
G.W. PHILLIPS CONCRETE AFFOLTER CONTRACTING COMPANY,
CONSTRUCTION COST
PASKEY INCORPORATED CRYSTALLINE DEVELOPMENT, LLC RAC INDUSTRIES,
LLC TLC TRUCKING AND CONTRACTING, INC. MAR- CON SERVICES, LLC
CONSTRUCTION, INC. INC.
Item Unit
Unit PriceUnit PriceUnit PriceUnit PriceUnit PriceUnit PriceUnit PriceUnit Price
Item DescriptionQuantityTotal AmountTotal AmountTotal AmountTotal AmountTotal AmountTotal AmountTotal AmountTotal Amount
No.Meas.
Construction Fence, Complete-in-Place, In Accordance with the Plans and
1
$3.99$10,254.30$3.00$7,710.00$2.00$5,140.00$2.83$7,273.10$1.90$4,883.00$2.00$5,140.00$3.50$8,995.00$6.00$15,420.00
SpecificationsLF2,570
Project Identification Sign, Complete-in-Place, In Accordance with the Plans
2
$2,250.00$2,250.00$1,500.00$1,500.00$950.00$950.00$847.50$847.50$684.30$684.30$500.00$500.00$5,000.00$5,000.00$1,500.00$1,500.00
and Specifications
EA1
Debris & Trash Removal and Disposal in a Landfill, Complete-in-Place, In
3
$29.00$7,250.00$20.00$5,000.00$40.00$10,000.00$46.00$11,500.00$40.10$10,025.00$25.00$6,250.00$60.00$15,000.00$25.00$6,250.00
Accordance with the Plans and SpecificationsCY250
Remove & Dispose of Concrete Rubble, Complete-in-Place, In Accordance
4
$15.79$3,947.50$20.00$5,000.00$40.00$10,000.00$55.00$13,750.00$34.50$8,625.00$18.00$4,500.00$85.00$21,250.00$30.00$7,500.00
with the Plans and SpecificationsCY250
Site Preparation & Restoration, Including Clearing & Grubbing, and Care &
5
Control of Water, Complete-in-Place, In Accordance with the Plans and
$72,488.00$72,488.00$50,000.00$50,000.00$78,700.00$78,700.00$94,280.00$94,280.00$138,287.50$138,287.50$100,000.00$100,000.00$172,000.00$172,000.00$85,000.00$85,000.00
SpecificationsEA1
Excavation & Removal, Off-site Disposal, Complete-in-Place, In Accordance
6
$9.99$259,580.16$9.00$233,856.00$11.80$306,611.20$11.50$298,816.00$11.90$309,209.60$12.00$311,808.00$11.00$285,824.00$15.00$389,760.00
with the Plans and Specifications
CY25,984
Filter Dam - Type 2, Complete-in-Place, In Accordance with the Plans and
7
$23.00$1,610.00$50.00$3,500.00$35.00$2,450.00$34.00$2,380.00$64.40$4,508.00$45.00$3,150.00$50.00$3,500.00$40.00$2,800.00
SpecificationsLF70
Stabilized Construction Access, Complete-in-Place, In Accordance with the
8
$19.73$15,330.21$30.00$23,310.00$20.00$15,540.00$38.00$29,526.00$17.80$13,830.60$18.00$13,986.00$20.00$15,540.00$15.00$11,655.00
Plans and SpecificationsSY777
Turf Establishment - Hydroseeding with Mulch, > 5 Acres, Complete-in-Place,
9
$1,499.00$10,493.00$1,300.00$9,100.00$1,700.00$11,900.00$1,921.00$13,447.00$1,322.50$9,257.50$1,600.00$11,200.00$4,000.00$28,000.00$2,000.00$14,000.00
In Accordance with the Plans and SpecificationsAC7
Anchored Sodding, Complete-in-Place, In Accordance with the Plans and
10
$4.97$24,154.20$8.00$38,880.00$9.00$43,740.00$6.73$32,707.80$4.60$22,356.00$5.35$26,001.00$5.00$24,300.00$4.00$19,440.00
Specifications
SY4,860
Planting of 400 3-Gallon Trees and 100 Pounds of Native Seed Mix, including
11
Material, Installation, and Warranty, Complete-in-Place, In Accordance with
$39,999.00$39,999.00$100,000.00$100,000.00$24,076.00$24,076.00$27,120.00$27,120.00$20,470.00$20,470.00$36,000.00$36,000.00$80,000.00$80,000.00$30,000.00$30,000.00
the Plans and SpecificationsLS1
Temporary Irrigation (Water Truck) Complete-in-Place, In Accordance with
12
$579.00$3,474.00$4,000.00$24,000.00$1,200.00$7,200.00$3,955.00$23,730.00$115.00$690.00$6,000.00$36,000.00$14,000.00$84,000.00$5,000.00$30,000.00
the SpecificationsMO6
Reinforced Silt Fence, As Directed by Engineer, Complete-in-Place, In
13
$1.27$635.00$2.00$1,000.00$2.00$1,000.00$2.00$1,000.00$2.10$1,050.00$2.00$1,000.00$4.00$2,000.00$2.00$1,000.00
Accordance with the Plans and SpecificationsLF500
14
Extra Machine Excavation as Directed by the Engineer, Complete-in-Place, In
$10.00$2,500.00$10.00$2,500.00$10.00$2,500.00$10.00$2,500.00$10.00$2,500.00$10.00$2,500.00$12.00$3,000.00$10.00$2,500.00
Accordance with the Specifications (Minimum Bid $10/CY )CY250
15
Extra Hand Excavation as Directed by the Engineer, Complete-in-Place, In
$15.00$1,500.00$15.00$1,500.00$15.00$1,500.00$15.00$1,500.00$15.00$1,500.00$15.00$1,500.00$25.00$2,500.00$15.00$1,500.00
Accordance with the Specifications (Minimum Bid $15/CY )CY100
Contractor's Notice of Intent (NOI) Application Fee
16 EA1$325.00$325.00$325.00$325.00$325.00$325.00$325.00$325.00$325.00$325.00$325.00$325.00$325.00$325.00$325.00$325.00
17 TCEQ Annual Water Quality FeeEA1
$100.00$100.00$100.00$100.00$100.00$100.00$100.00$100.00$100.00$100.00$100.00$100.00$100.00$100.00$100.00$100.00
18 Migratory Bird Preconstruction SurveyEA1$7,500.00$7,500.00$7,500.00$7,500.00$7,500.00$7,500.00$7,500.00$7,500.00$7,500.00$7,500.00$7,500.00$7,500.00$7,500.00$7,500.00$7,500.00$7,500.00
Imported Fill, Complete-in-Place, In Accordance with the Plans and
19
$9.99$28,751.22$10.00$28,780.00$18.00$51,804.00$15.00$43,170.00$19.80$56,984.40$20.00$57,560.00$18.00$51,804.00$20.00$57,560.00
SpecificationsCY2,878
SUBTOTAL BASE BID ITEMS$463,390.37$514,781.00$529,232.20$568,302.40$555,801.50$567,460.00$758,834.00$626,250.00
ALTERNATE BID 1 - IMPORTED FILL$28,751.22$28,780.00$51,804.00$43,170.00$56,984.40$57,560.00$51,804.00$57,560.00
$492,141.59$543,561.00$581,036.20$611,472.40$612,785.90$625,020.00$810,638.00$683,810.00
TOTAL BASE BID & ADD ALTERNATE BID 1 - IMPORTED FILL
12/16/2016
153100
December 27, 2016
Corby Alexander
City Manager
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
Reference: Little Cedar Bayou Phase II Improvements from
Madison Street to 450-Feet South of Spencer Highway
Contractor Award Recommendation
BBI Job No. 153100
Dear Mr. Alexander:
Bids were publicly opened and read at 2:00 pmonDecember 13, 2016for the above-referenced
project. The following is a summary of our bid evaluation.
1.Bid Tabulation-A copy of the bid tabulation is attached. A summary of the total amount for
each of the submitted bids is as follows.
ContractorBase BidPlus AddAlt. 1
Paskey Incorporated$463,390.37$492,141.59
Crystalline Development, LLC$514,781.00$534,561.00
RAC Industries, LLC $529,232.20$581,036.20
TLC Truckingand Contracting, Inc.$568,302.40$611,472.40
Mar-Con Services, LLC $555,801.50$612,785.90
G.W. Phillips Concrete Construction, Inc.$567,460.00*$625,020.00*
Affolter Contracting Company, Inc. $758,834.00$810,638.00
*Corrected BidAmount
Binkley & Barfield, Inc. examined the bids and found G.W. Phillips Concrete Construction,
Inc.hadamathematical error. Bid Item 4total amountwas listed as $3,750.00, but should
have totaled $4,500.00. This error increased the total amount bid by $750.00.
2.Bid Bond–Paskey Incorporatedprovided a bid bond through an “A” rated bonding company.
The Contractor’s ability to bond this project indicates a level of financial stability.
Paskey Incorporatedhas beena responsible firmon previous projects for numerous clients and
is capable of performing thespecifiedwork in a satisfactory manner.
Binkley & Barfield, Inc. recommends that the City of La Porteaward theLittle Cedar Bayou
Phase II Improvements from Madison Street to 450 feet south of Spencer Highwayto Paskey
Binkley & Barfield, Inc. | TBPE F-257• 1710 Seamist Drive -Houston, Texas 77008 • Tel: 713.869.3433 | Fax: 713.869.6702 • www.BinkleyBarfield.com
Mr.Alexander
City Manager
Page 2
December 27, 2016
Incorporatedfor the Base Bid plus Add Alternate No. 1 amount ofFour Hundred Ninety-two
Thousand, One Hundred Forty-oneDollars and Fifty-nineCents ($492,141.59).
If you have any questions, please contact me.
Sincerely,
Binkley & Barfield, Inc.
Consulting Engineers
Jason Brock, P.E.12/27/16
Project Manager–Public Works
Attachment
G:\\153100_La Porte PH II Little Cedar Bayou\\3.00_Bidding\\3.07_BidTab\\Letter of Recommendation_LCB Phase II Improvements.doc
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
January 23, 2017January 23, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
051051
Don PennellDon PennellSource of Funds:Source of Funds:
Requested By:Requested By:
051.7085.533.1100051.7085.533.1100
Public WorksPublic WorksAccount Number:Account Number:
Department:Department:
$394,975$394,975
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
Amount Amount
Other:
$93,500$93,500
Requested:Requested:
AttachmentsAttachments : :
Budgeted Item:Budgeted Item:YESYESNONO
1.Bid TabulationBid Tabulation
2.LogoLogo
3.Bid Notification ReportBid Notification Report
4.Engineer's Recommendation LetterEngineer's Recommendation Letter
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The approved FY 16 budget includes a line item for Painting Elevated Water Tanks. The Main Street The approved FY 16 budget includes a line item for Painting Elevated Water Tanks. The
Main Street
Water Tank was evaluated and the consultant recommended recoating the tank and performing some Water Tank was evaluated and the consultant recommended recoating the tank and performing
some
repairs to include vent and screen replacement, install conduit and lights, Detach and reattach existing repairs to include vent and screen replacement, install conduit and lights, Detach
and reattach existing
conduit, protect existing antennas, welding repair on balcony, remove safety climb devices and install conduit, protect existing antennas, welding repair on balcony, remove safety climb
devices and install
new after painting is complete. The inside of the tank was rehabilitated with a previous contract. new after painting is complete. The inside of the tank was rehabilitated with a previous
contract.
The Bulldog logo will be in the north and south quadrant (at 0 and 180 degrees). The word La Porte will The Bulldog logo will be in the north and south quadrant (at 0 and 180 degrees).
The word La Porte will
be in the east and west quadrant (at 90 and 270 degrees). be in the east and west quadrant (at 90 and 270 degrees).
st
Bid #17009 for the Main Street Elevated Water Tank Rehabilitation Project was advertised on Dec 1Bid #17009 for the Main Street Elevated Water Tank Rehabilitation Project was advertised
on Dec 1
thth
and Dec 8, posted on Public Purchase and the City, posted on Public Purchase and the Citys website. Thirtys website. Thirty--three vendors downloaded the three vendors downloaded
the
bid and 9 bids were received. The low bidder, Central Tank Coatings Inc., submitting a base bid of bid and 9 bids were received. The low bidder, Central Tank Coatings Inc., submitting
a base bid of
$85,000.00. Dunham Engineering, Inc., the City$85,000.00. Dunham Engineering, Inc., the Citys engineering firm that designed the rehabilitation, s engineering firm that designed the
rehabilitation,
reviewed the bids and prepared a recommendation letter. reviewed the bids and prepared a recommendation letter.
A balance of $394,975.00 remains in the Painting Elevated Water Tanks project after completion of A balance of $394,975.00 remains in the Painting Elevated Water Tanks project after
completion of
other projects. other projects.
Staff recommends awarding Bid #17009 for the Main Street Elevated Water Tank Rehabilitation Project Staff recommends awarding Bid #17009 for the Main Street Elevated Water Tank Rehabilitation
Project
to low bidder Central Tank Coatings Inc. for $85,000.00 with an $8,500.00 contingency.to low bidder Central Tank Coatings Inc. for $85,000.00 with an $8,500.00 contingency.
Benefits:
Recoating the tank now will eliminate shrouding and sandblasting the tank in a few years and extend the Recoating the tank now will eliminate shrouding and sandblasting the tank in a
few years and extend the
life of the tank.life of the tank.
Liabilities:
Cost.
Action Required of Council:Action Required of Council:
Consider approval or other action to award Bid No. 17009 to Central Tank Coatings Inc. in the amount of Consider approval or other action to award Bid No. 17009 to Central Tank Coatings
Inc. in the amount of
$85,000.00 and authorize an additional $8,500.00 allocation to be utilized as a project contingency for a $85,000.00 and authorize an additional $8,500.00 allocation to be utilized as
a project contingency for a
total project authorization of $93,500.00. total project authorization of $93,500.00.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
BidTabulationtoSealedBid#17009MainStreetElevatedWaterTank
BidDueDate:December20,2016at2:00p.m.
GulfStatesTMIPittsburgE.J.Chris
TheBase
CentralTankProtectiveUtilityServiceCoatings,McGuireIron,BlastcoTank&TowerContracting,
Group,Inc.
Coatings,Inc.Coatings,Inc.Co.,Inc.Inc.Inc.Texas,Inc.MaintCo.Inc.Inc.
Section1BASEBIDITEMS
ItemNo.of
No.DescriptionUnits
PricePricePricePricePricePricePricePricePrice
Furnishmaterialandlabortoovercoatthe
exteriorcoatingpertheTechnical
Specifications
1LS$57,000.00$53,500.00$64,400.00$76,000.00$95,758.00$69,000.00$85,000.00$98,000.00$207,000.00
Furnishthematerialandlabortorepairthe
elevatedtankpertheTechnicalSpecifications
2LS$18,000.00$6,500.00$46,300.00$30,000.00$23,800.00$49,400.00$51,500.00$42,645.00$31,000.00
Furnishmaterialandlabortoinstallthe4
3quadrantlogosonthetankatbalconylevelLS$10,000.00$34,800.00$10,000.00$15,000.00$5,500.00$19,500.00$25,000.00$27,000.00$10,000.00
TotalBaseBid$85,000.00$94,800.00$120,700.00$121,000.00$125,058.00$137,900.00$161,500.00$167,645.00$248,000.00
BidBondYesYesYesYesYesYesYesYesYes
AlternateBidAddorDeduct
Furnishalternatecoatingsystemperthe
technicalspecificaitonsforalumpsumof
LS
Add:
nobidnobidnobidnobidnobidnobidnobidnobidnobid
Deduct:
nobidnobidnobidnobidnobidnobidnobid$3,500.00nobid
AccessReport
AgencyCity ofLaPorte(TX)
BidNumber17009
BidTitleMainStreetElevatedWaterTankRehabilitationProject
VendorNameAccessedFirstTimeDocuments
GULF STATES PROTECTIVE COATIN2016-11-30 02:45 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Hearn Company2016-11-30 04:01 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Tank Pro, Inc.2016-11-30 03:10 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
E.J. Chris Contracting, Inc.2016-12-06 10:54 AM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Utility Service Co Inc2016-11-30 02:26 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Onvia2016-11-30 06:01 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Central Tank Coatings, Inc.2016-12-01 09:22 AM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Dodge Data & Analytics2016-12-08 11:57 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
CFG Industries, LLC2016-12-14 10:02 AM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Southern Global Safety Services, Inc.2016-11-30 03:18 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Perkens WS Corporation2016-12-01 11:30 AM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Sam Anderson Pvt Ltd2016-11-30 09:05 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Durba Construction2016-12-05 12:17 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
North America Procurement Council2016-11-30 09:10 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Horizon Bros Painting Corp2016-12-02 07:44 AM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Preferred Tank & Tower Maintenance2016-12-05 08:25 AM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
J.T.B. Services Inc2016-11-30 02:15 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
HDR Engineering, Inc.2016-12-04 11:27 AM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
The Blue Book Building & Construction2016-11-30 09:49 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Test Account2016-12-16 12:14 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Utility Service Co., Inc.2016-12-29 10:14 AM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Lindsay Circle, LLC2016-12-12 10:56 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Construction Software Technologies2016-12-01 08:44 AM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
the base group2016-12-01 01:56 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Inland Environments Ltd.2016-11-30 04:14 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Pittsburg Tank & Tower Maintenance C2016-12-02 07:56 AM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Tankez Coatings, Inc.2016-12-01 12:21 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Dale Dobbins2016-12-04 08:44 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Clean Harbors2016-11-30 02:20 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
D.E.M Enterprises LLC.2016-12-15 03:09 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Blastco Texas, Inc.2016-12-01 04:15 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
TMI Coatings, Inc.2016-11-30 02:18 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
Maguire Iron, Inc.2016-12-01 12:53 PM CSTBid 17009 Main Streeet Elevated Water Tank Rehab Final.pdf
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: January 23, 2017
Source of Funds: General Fund CIP
Requested By: Traci E. Leach
Account Number:
Department: Administration
Amount Budgeted:$30,000
Report: Resolution: Ordinance:
Amount Requested:$5,000.00
Exhibits:MOA for Fairmont Park HOA
Budgeted Item:YES
Exhibits: Email from HOA President
Exhibits: Fencing Quote
Exhibits: Location Map
SUMMARY & RECOMMENDATION
As part of the FY 2017 budget, the Council approved funding for Community Co-op projects,
where the City would partner with HOAs and other neighborhood groups to complete small
beautification and quality of life projects. A total of $30,000 was budgeted with a maximum City
contribution per project of $5,000, with $10,000 of this funding coming from the La Porte
Development Corporation to fund projects within City parks.All projects would be considered on
a first come, first served basis. At this time, staff is working with several groups on potential
projects; however, only one project is ready for Council consideration.
Fairmont Park HOA has obtained a quote for fencing. The first section of fence will be 4
black powder coated, wrought iron along Farrington Blvd and extends from the corner of
Collingswood and Farrington south for approximately 220 linear feet. The second stretch of fence
will be approximately 250 linear feet of 4wrought iron fencing along the parking lot in front
of the Splashpad and extending out to Collingswood.
The total project cost is $12,000 based on the lowest quote received. The City will contribute
$5,000 for the project. The HOA has committed to fund the remainder of the project cost. Pursuant
to the attached Memorandum of Agreement, the City will handle the procurement. Installation of
the improvements is included in the price of the fencing. The HOA will provide a check to the
City for the HOA share of the project within 30 days of execution of this Agreement.
As this would be an addition to a City-owned and maintained facility, the on-going maintenance
responsibility would lie with the City.Estimated maintenance costs are expected to be minimal,
as the life of the proposed improvements are somewhere in the 15-20 year range.
Action Required by Council:
Consider approval or other action of a Memorandum of Agreement with Fairmont Park HOA for
acommunity cooperation project (fence installation) for a total City contribution of $5,000.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
10207
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City Limits
3703
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3707
10315
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Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground
survey and represents
only the approximate relative location of property boundaries. Gov. C. §2501.102. The user is encouraged to independently verify all information contained in this product. The City of
La Porte makes no representation
or warranty as to the accuracy of this product or to its fitness for a particular purpose. The user: (1) accepts the product AS IS, WITH ALL FAULTS; (2) assumes all responsibility for
the use thereof; and (3) releases
the City of La Porte from any damage, loss, or liability arising from such use.
1 " = 217 '
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
La Porte GIS Mapping
(281) 471-5020
I
www.laportetx.gov
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: January 23, 2017
Source of Funds:N/A
Requested By: Denise Mitrano
Account Number:N/A
Department: Municipal Court
Amount Budgeted:N/A
Report: Resolution: Ordinance:
Amount Requested:N/A
Exhibits:Interlocal Agreement Municipal Court
Budgeted Item:YESNO
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
Background: The City of La Porte was recently approached by representatives from the City of
Shoreacres to provide municipal court services. The proposed Interlocal Agreement Municipal
Court is for a term of three years, commencing on February 1, 2017. The proposed fee for each
year is $37,207for the first 1,800 citations processed through La Porte Municipal Court and
$31.00 per citation processed above 1,800. This payment shall be prorated and paid monthly.
Under the proposed agreement, the City of La Porte would provide municipal court clerical
services and provide facilities for the Shoreacres judge and prosecutor to prepare for and hold
court. The clerical services would include assisting defendants, issuing and clearing warrants,
receiving and depositing payments, maintaining court records, submitting monthly and quarterly
reports to the state, creating court dockets, and issuing jury summons. The City of Shoreacres
shall provide and pay for judicial, prosecutorial and bailiff personnel. The City of Shoreacres
shall also provide a Part Time Deputy Court Clerk.
A copy of the proposed Interlocal Agreement Municipal Court is attached.
Staff recommends approval of the Interlocal Agreement with Shoreacres for the provision of
municipal court clerical services.
Action Required by Council:
Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement with
the City of Shoreacres for municipal court clerical services.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
THE STATE OF TEXAS §
§ INTERLOCAL AGREEMENTMUNICIPAL COURT
COUNTY OF HARRIS §
Whereas, the City of La Porte, Texas, and the City of Shoreacres, Texas are adjacent to one another,
and City of Shoreacres finds that efficiency of city services will be better served by the use of City of La
Porte; and
Whereas, the parties enter into this Agreement for the purpose of providing municipal court services for
the benefit of their communities;
Now, therefore, the City Councils of the City of La Porte and the City of Shoreacres mutually agree as
follows:
I.
City of La Porte and City of Shoreacres enter into this Agreement by and through their duly elected
officials, and it is the intention of both parties to conform this Agreement in all respects with Chapter 791 of
the
II.
City of La Porte shall:
(a) Provide municipal court clerical services. This includes collecting and receipting fines and court
of moving traffic convictions to the Department of Public Safety and all other reasonable and necessary
functions of a municipal court. City of La Porte shall collect fines and costs in connection with citations issued
by the City of Shoreacres, process citations in the dedicated court software; answer questions from defendants,
enter and clear warrants and cases in SETCIC, Incode and OMNI; and perform other municipal court duties as
required in the normal course of business.
(b) Pay all wages, salaries, and other compensation of the court clerks including payroll taxes,
retirement, social security taxes, if any, and any other payroll expenses for the services provided by City of La
Porte, except as provided in Paragraph VII of this Agreement, herein;
(c) Provide facilities for the municipal court judge and prosecutor for City of Shoreacres to prepare
for and hold court, and conduct such activities as are necessary to the fulfillment of court obligations. City of
La Porte will provide a municipal court clerk to act for the municipal court of City of Shoreacres when court is
in session.
(d) Timely deposit all fines and costs collected for the City of Shoreacres to the financial institution
of their designation.
III.
City of Shoreacres shall:
(a) Pay to City of La Porte for the municipal court services described above the sum of $37,207.00
for each twelve (12) month period (beginning February 1 and ending January 31) during the term of this
Agreement, for the first 1,800 citations processed through City of La Porteduring the
applicable twelve (12) month period, and will pay $31.00 per citation above 1,800. This payment shall be
prorated and paid monthly. This Agreement shall become effective on February 1, 2017.
(b) Provide whatever Ordinances may be necessary to give City of La Porte the full authority,
power, rights, and privileges to act for City of Shoreacres in accordance with this agreement; and
(c) Appoint and provide judicial, prosecutorial and bailiff personnel, including the Municipal Court
Judge, Associate or Alternate Court Judge, Prosecuting Attorney, Assistant Prosecuting Attorneys and Clerk of
the Court. City of Shoreacres shall be solely responsible for the payment of any fees due to these appointees,
except as provided in Section II (b) of this Agreement.
(d) All case records with final dispositions shall be stored at City of Shoreacres.
(e) All dockets will take place at the City of La Porte Courthouse.
(f) Make necessary arrangements for cash/check deposit on a timely basis.
(g) Provide a means for credit card payment.
(e) Will ensure that its court software is consistent with that used by City of La Porte. Any costs
required for licenses, set up, repair, updates, interfaces, or maintenance to the court management software shall
be borne solely by City of Shoreacres. City of La Porte shall provide the work station to house City of
Shoreacres court software at City of La Porte Municipal Court. City of Shoreacres agrees to pay the costs of
printing citation books and court files.
(f) Will adopt a window fine schedule and standing orders that are identical to those of City of La
Porte.
IV.
This Agreement shall be for a term of three years, commencing on February 1, 2017, and extending
through January 31, 2020; provided, however, that this Agreement shall automatically extend for two (2)
successive one year terms unless notice of non-renewal is given at least thirty (30) days prior to the end of any
term. Provided further, that either party may terminate this Agreement, with or without cause, by giving notice
to the other party at least ninety (90) days prior to the date of termination. All written notice shall be sent to the
address of the parties shown herein.
V.
In order to have a more effective relationship between the parties, and to provide the best possible
municipal court operations, it is mutually agreed that all questions arising under this Agreement shall be
handled and resolved between the City Administrator of City of Shoreacres and the City Manager of City of La
Porte, or their designee, and they may also bring any questions to the governing bodies of the respective cities.
2
VI.
(a) At all times this agreement is in force, the municipal court clerk of City of La Porte shall be
under the supervision of the appropriate staff at City of La Porte, and is fully an employee of the City of La
Porte. City of Shoreacres shall have no supervisory role or obligation for employment conditions.
(b) Each party shall pay for services provided under this Agreement out of current annual funds.
(c) Each party agrees that this Agreement fairly compensates each party for the services and
functions performed under this Agreement.
(d) To the extent permitted by law, no public official or employee of either City of Shoreacres or
City of La Porte shall be personally liable for any action arising from the performance of duties under this
Agreement.
(e) The City of Shoreacres municipal court staff and police force have been responsible for issuance
of tickets and all legal requirements related to the processing of citations through their own municipal court, and
will continue to have its own police force issue tickets within its boundaries. City of Shoreacres agrees to hold
the City of La Porte harmless as to any errors in the issuance of citations, paperwork or other court management
activities that City of La Porte has no involvement in or control over.
VII.
(a) Shoreacres shall provide and assign to the La Porte Municipal Court one (1) Part Time Deputy
Court Clerk position, for the duration of this Agreement.
(b) The Part Time Deputy Court Clerk shall be an employee of Shoreacres and will be compensated
directly by Shoreacres out of its budgeted funds. However, the Part Time Court Clerk position shall be posted
and filled by the City of La Porte through the office of the court administrator of the La Porte Municipal Court.
Furthermore, the individual hired to fill the Part Time Court Clerk position, while remaining an employee of
Shoreacres, shall report to, and be under the direct supervision and control of, the court administrator of the La
Porte Municipal Court.
(c) The Part Time Deputy Court Clerk shall perform the functions and duties specified in Exhibit
of La Porte shall from time-to-time assign, or cause to be assigned. The work schedule for the Part Time Deputy
Court Clerk shall be as determined and assigned by the court administrator of the La Porte Municipal Court.
(d) The City of La Porte will be responsible for any disciplinary action taken against the Part Time
Deputy Court Clerk, including without limitation, termination. However, in the event La Porte encounters
performance and/or disciplinary issues with the Part Time Court Clerk, before taking any action the City of La
Porte court administrator will immediately notify Shoreacres. Once Shoreacres receives notice form La Porte
under this paragraph, La Porte and Shoreacres shall meet to discuss the issues concerning the Part Time Deputy
Court Clerk position. After consultation with Shoreacres in accordance with this paragraph, any decision made
3
by La Porte with respect to the Part Time Deputy Court Clerk position shall be final. Any action taken by La
Porte will be in accordance with applicable law and La Port
(e) Nothing herein shall be construed as creating the relationship of employer and employee, or
principal and agent, between the part-
VIII.
Independent Contractor. Both parties mutually agree that City of La Porte is an independent contractor,
and shall have exclusive control of performance hereunder, and is in no way to be considered an employee of
the City of Shoreacres. Nothing herein shall be deemed or construed by the parties hereto, or by any third
party, as creating the relationship of principal and agent, partners, joint-venturers, or any similar relationship.
IX.
Risks. Each party agrees to carry such policies of insurance as each deems appropriate to cover any risks
arising out of this Agreement; provided further that City of La Porte agrees to carry, as a minimum, insurance
available for inspection by City of
Shoreacres upon request.
X.
No third party beneficiaries. This Agreement inures to the benefit of and obligates only the parties
executing it. No term or provision of this Agreement shall benefit or obligate any person or entity not a party to
it.
XI.
No waiver of immunity. Nothing in this Agreement shall be construed to waive any immunities from
suit or liability enjoyed by the parties, their past or present officers, employees, or agents.
XII.
Venue. Venue for any dispute arising under this Agreement shall lie exclusively in the state and federal
courts of Harris County, Texas.
XIII.
Amendments. This agreement may be modified, changed, or altered at any time, upon mutual agreement
of parties, provided that any such modification, change, or alteration be reduced to writing.
IXV.
4
Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal,
unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and
effect, and the parities shall be deemed to have contracted as if said clause, section, paragraph or portion had not
been in the Agreement initially.
XV.
Notice. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered,
whether or not actually received, when deposited in the United States Mail, postage pre-paid, certified mail,
return receipt requested, addressed to either party, as the case may be, at the addresses contained below:
For City of La Porte: City Manager, City of La Porte, 604 W. Fairmont Pkwy., La Porte, Texas 77571
For City of Shoreacres: City Administrator, City of Shoreacres, 601 Shore Acres Blvd. Shoreacres, Texas
77571
IN WITNESS WHEREOF, we have hereunto set our hands effective the ______ day of
_______________, 2017, in duplicate originals in Harris County, Texas.
CITY OF LA PORTE CITY OF SHOREACRES
By: ________________________ By: ________________________
Louis R. Rigby, Mayor (Shoreacres) Mayor
ATTEST: ATTEST:
_______________________________ ______________________________
Patrice Fogarty, City Secretary (Shoreacres), City Secretary
5
CITY OF LA PORTE
DEPUTY COURT CLERK
JOB DESCRIPTION
FLSA CLASSIFICATION: Non-Exempt PAY RANGE: 012
DEFINITION
To assist with the daily operations of the municipal court requiring a specialized knowledge of court operations and
municipal court law while possessing strong organizational and basic accounting skills.
DISTINGUISHING CHARACTERISTICS
This is the journey level of the general clerical series. This class may be distinguished from the Clerk I level
by the difficulty and complexity of work performed.
6
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Court Administrator and Assistant Court Administrator.
ESSENTIAL JOB FUNCTIONS
Duties may include, but are not limited to, the following:
Processing citations
Collecting fines and fees
Scheduling hearings, court dates and trials
Maintaining warrants database
Preparing court dockets, jury charges, and summons.
Assisting with the preparation of complaints, appeals, cases transfers and judgments
Corresponding with defendants and attorneys
Serving as courtroom clerk.
Data entry and reporting convictions to DPS.
Responding to complaints and requests for information on procedures relating to responsibilities assigned.
Working with other departments to insure the timely processing of paperwork.
Providing a professional level of customer service at all times.
Perform general clerical work including filing, payroll and purchasing information.
PHYSICAL REQUIREMENTS
For indefinite periods of time - mobility within an office environment; writing; walking; typing; stooping;
standing; squatting; sorting; sitting; seeing; filing; data entry; cleaning; reading; decision making; lifting and
carrying up to 20 pounds; reaching above shoulder level; using both hands for simple and firm grasping;
clarity of hearing; communicating clearly and effectively, in person and by telephone; fine finger manipulation;
operation of calculator, personal computer and typewriter; operation of a variety of office tools and
equipment.
QUALIFICATIONS
Knowledge of:
English usage, grammar, spelling, and punctuation.
Modern office methods, procedures, and equipment and business letter writing.
Record keeping principles and procedures.
Ability to:
7
Understand the organization and operation of the City and of outside agencies as necessary to assume
assigned responsibilities.
Communicate clearly and concisely, both orally and in writing.
Learn department policies, procedures, organization and operating details.
Work cooperatively with other departments, City officials, and outside agencies.
Type at a speed necessary for adequate job performance.
Operate a personal computer.
TRAINING AND EXPERIENCE
High School Diploma or GED. Level 1 Court Clerk Certification preferred, and one year experience as a court
clerk required.
LICENSES AND CERTIFICATES
Possession of a valid Texas Driver's License.
*Please note this job description is not designed to cover or contain a comprehensive listing of activities, duties,
or responsibilities that are required of the employee for this job.
*Duties, responsibilities and actions may change at any time with or without notice.
8
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: January 23, 2017
Source of Funds:N/A
Requested By: Michael G. Dolby, Dir of Finance
Account Number:N/A
Department: Finance
Amount Budgeted:
Report: Resolution: Ordinance: xx
Amount Requested:N/A
Exhibits: Ordinance
Budgeted Item:
Exhibits: Plan of Finance
Exhibits: Combined Calculations
SUMMARY & RECOMMENDATION
At this time, the City would like to issue Certificates of Obligation for the planning, acquisition,
design and construction of wastewater system improvements and professional services.
Therefore, staff is requesting consideration and approval of an ordinance authorizing the issue of
approximately $10,635,000 in City of La Porte Texas Certificates of Obligations, Series 2017.
ple options for financing
including going to the public markets as it did with the Series 2015 Certificates of Obligation.
However, given the nature of the utility improvements that are the focus of this financing, the
City has the additional option of seeking funding through the Texas Water Development Board
(TWDB) under the Clean Water State Revolving Fund (CWSRF). The significant advantage of
this program is that the State charges below market interest rates on this program on the basis of
funds received from the Federal Government under the Clean Water Act. As a result of this
subsidy, the TWDB has estimated an interest rate on this loan of 2.5%.It is our recommendation
that the City avail itself of this program with its subsidized borrowing rates.
City Council authorized the notice of intent publication in the Bay Area Observer on
December 22, 2016 and December 29, 2016.
Section 3.3; Exhibit B; and Exhibit C will be completed by Bond Attorney at time of loan
issuance.
Action Required by Council:
Consider approval or other action of an ordinance authorizing the issuance of approximately
$10,635,000.00 of City of La Porte, Texas, Certificates of Obligation, Series 2017 and other
related matters.
Approved for City Council Agenda
Corby Alexander, City Manager Date
ORDINANCE AUTHORIZING ISSUANCE OF
CITY OF LA PORTE, TEXAS,
CERTIFICATES OF OBLIGATION, SERIES 2017
Adopted January 23, 2017
HOU:3746876.1
TABLE OF CONTENTS
Page
ARTICLE I FINDINGS AND DETERMINATIONS .................................................................... 1
Section 1.1: Findings and Determinations .............................................................................. 1
ARTICLE II DEFINITIONS AND INTERPRETATIONS ........................................................... 2
Section 2.1: Definitions .......................................................................................................... 2
Section 2.2: Interpretations ..................................................................................................... 3
ARTICLE III TERMS OF THE CERTIFICATES......................................................................... 3
Section 3.1: Amount, Purpose and Authorization .................................................................. 3
Section 3.2: Designation, Date and Interest Payment Dates .................................................. 3
Section 3.3: Numbers, Denomination, Interest Rates and Maturities .................................... 3
Section 3.4: Redemption Prior to Maturity ............................................................................ 4
Section 3.5: Manner of Payment, Characteristics, Execution and Authentication ................. 5
Section 3.6: Authentication .................................................................................................... 5
Section 3.7: Ownership .......................................................................................................... 5
Section 3.8: Registration, Transfer and Exchange ................................................................. 5
Section 3.9: Book-Entry Only System ................................................................................... 6
Section 3.10: Replacement Certificates .................................................................................... 7
Section 3.11: Cancellation ........................................................................................................ 8
ARTICLE IV FORM OF CERTIFICATES ................................................................................... 8
Section 4.1: Form of Certificates ............................................................................................ 8
ARTICLE V SECURITY FOR THE CERTIFICATES ................................................................. 8
Section 5.1: Pledge and Levy of Taxes and Revenues ........................................................... 8
Section 5.2: Debt Service Fund .............................................................................................. 9
Section 5.3: Further Proceedings .......................................................................................... 10
ARTICLE VI CONCERNING THE PAYING AGENT/REGISTRAR ...................................... 10
Section 6.1: Acceptance ....................................................................................................... 10
Section 6.2: Trust Funds ....................................................................................................... 10
Section 6.3: Certificates Presented ....................................................................................... 10
Section 6.4: Unclaimed Funds Held by the Paying Agent/Registrar ................................... 10
Section 6.5: Paying Agent/Registrar May Own Certificates ................................................ 11
Section 6.6: Successor Paying Agents/Registrars ................................................................ 11
ARTICLE VII PROVISIONS CONCERNING SALE AND APPLICATION OF PROCEEDS OF
CERTIFICATES ........................................................................................................................... 11
Section 7.1: Sale of Certificates; Insurance .......................................................................... 11
Section 7.2: Approval, Registration and Delivery ................................................................ 11
Section 7.3: Private Placement Memorandum ..................................................................... 11
i
HOU:3746876.1
Section 7.4: Deposit of Proceeds; Escrow Agreement ......................................................... 11
Section 7.5: Covenants to Maintain Tax Exemption ............................................................ 12
Section 7.6: Related Matters ................................................................................................. 14
ARTICLE VIII CONTINUING DISCLOSURE UNDERTAKING ............................................ 15
Section 8.1: Annual Reports ................................................................................................. 15
Section 8.2: Material Event Notices ..................................................................................... 15
Section 8.3: Identifying Information. All documents shall be provided to the MSRB in an electronic
format and accompanied by identifying information, as prescribed by the MSRB. ................ 16
Section 8.4: Limitations, Disclaimers and Amendments ..................................................... 16
Section 8.5: Definitions ........................................................................................................ 17
ARTICLE IX SPECIAL PROVISIONS RELATING TO THE TEXAS WATER DEVELOPMENT BOARD
...................................................................................................................................................... 17
Section 9.1: 17
Section 9.2: Construction Fund; Timely Use of Proceeds. .................................................. 18
Section 9.3: Records; Final Accountings ............................................................................. 18
Section 9.4: Annual Audit .................................................................................................... 18
Section 9.5: Investment of Proceeds .................................................................................... 18
Section 9.6: Surplus Proceeds .............................................................................................. 18
Section 9.7: Insurance .......................................................................................................... 18
Section 9.8: Water Conservation Program ........................................................................... 18
Section 9.9: TWDB Remedies ............................................................................................. 18
Section 9.10: Environmental Determination .......................................................................... 19
Section 9.11: Environmental Indemnification ........................................................................ 19
Section 9.12: Compliance with Davis-Bacon ......................................................................... 19
Section 9.13: Federal Funding Accountability and Transparency Act ................................... 19
Section 9.14: American Iron and Steel Requirement ............................................................. 19
Section 9.15: Additional Covenants Related to Tax-Exempt Status ...................................... 19
ARTICLE X MISCELLANEOUS ............................................................................................... 20
Section 10.1: Defeasance ........................................................................................................ 20
Section 10.2: Ordinance a Contract - Amendments ............................................................... 20
Section 10.3: Legal Holidays ................................................................................................. 21
Section 10.4: Power to Revise Form of Documents............................................................... 21
Section 10.5: No Recourse Against City Officials ................................................................. 21
Section 10.6: Further Proceedings .......................................................................................... 21
Section 10.7: Severability ....................................................................................................... 21
Section 10.8: Open Meeting ................................................................................................... 21
Section 10.9: Repealer ............................................................................................................ 22
Section 10.10: Effective Date ................................................................................................... 22
EXHIBIT A - FORM OF CERTIFICATE
EXHIBIT B - FORM OF SPECIAL ESCROW DEPOSIT AGREEMENT
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ORDINANCE NO. ____
ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF LA PORTE, TEXAS,
CERTIFICATES OF OBLIGATION, SERIES 2017; AND CONTAINING OTHER MATTERS
INCIDENT THERETO
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
ARTICLE I
FINDINGS AND DETERMINATIONS
Section 1.1: Findings and Determinations. The City Council hereby officially finds and determines
that:
(a)
and in accordance with the provisions of Texas Local Government Code, Chapter 271, Subchapter C, as
obligations to be incurred for the construction of public works and the purchase of materials, supplies,
equipment, machinery, buildings, land and rights-of-way for authorized needs and purposes and for the
payment of contractual obligations for professional services, to wit: (i) the planning, acquisition, design and
construction of wastewater system improvements, and (ii) professional services rendered in connection
therewith.
(b) The City Council authorized the publication of a notice of intention to issue its City of La Porte,
tentatively scheduled to meet at 6:00 p.m. on January 23, 2017, at its regular meeting place to adopt an
ordinance authorizing the issuance of the Certificates to be payable from an ad valorem tax levied, within the
limits prescribed by law, on the taxable property located within the City, and a pledge of surplus net revenues
(c) Such notice was published on December 22, 2016 and December 29, 2016 in The Bay Area
Observer.
(d) No petition signed by at least five percent (5%) of the qualified voters of the City has been filed
with or presented to any official of the City protesting the issuance of such Certificates on or before the date of
passage of this Ordinance.
(e) The City has determined that it is in the best interests of the City and that it is otherwise desirable to
issue the Certificates to provide all or part of the funds to pay contractual obligations to be incurred for the
purposes authorized by the Act.
(f) The Certificates herein authorized for issuance are to be delivered to the Texas Water
aggregate amount of the Certificates.
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ARTICLE II
DEFINITIONS AND INTERPRETATIONS
Section 2.1: Definitions. As used herein, the following terms shall have the meanings specified,
unless the context clearly indicates otherwise:
torney General of the State of Texas.
Series 2017, authorized by this Ordinance.
te, its City Council.
by that name created pursuant to Section 5.2 hereof.
-month period
beginning on the first day of October of a calendar year and ending on the last day of September of the next
succeeding calendar year and each such period may be designated with the number of the calendar year in
which such period ends.
each March 15 and September 15 thereafter until maturity or earlier redemption of such Certificate.
d supplements hereto.
Certificates theretofore and thereupon delivered pursuant to this Ordinance except: (a) any Certificates
canceled by or on behalf of the City at or before such date; (b) any Certificates defeased pursuant to the
defeasance provisions of this Ordinance or otherwise defeased as permitted by applicable law; and (c) any
Certificates in lieu of or in substitution for which a replacement Certificate shall have been delivered pursuant
to this Ordinance.
and its successors in that capacity.
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the month in which the applicable Interest Payment Date occurs.
in which
are maintained the names and addresses of, and the principal amounts registered to, each Registered Owner of
Certificates.
Register.
Section 2.2: Interpretations. All terms defined herein and all pronouns used in this Ordinance shall
be deemed to apply equally to singular and plural and to all genders. The titles and headings of the articles and
sections of this Ordinance have been inserted for convenience of reference only and are not to be considered a
part hereof and shall not in any way modify or restrict any of the terms or provisions hereof. This Ordinance
and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein
and to sustain the validity of the Certificates and the validity of the levy of ad valorem taxes to pay the principal
of and interest on the Certificates.
ARTICLE III
TERMS OF THE CERTIFICATES
Section 3.1: Amount, Purpose and Authorization. The Certificates shall be issued in fully
registered form, without coupons, under and pursuant to the authority of the Act in the total authorized
aggregate principal amount of TEN MILLION SIX HUNDRED THIRTY FIVE THOUSAND DOLLARS
($10,635,000) for the purpose of providing all or part of the funds to pay contractual obligations to be incurred
for the purposes described in paragraph 1.1(a) hereof, and to pay the costs of issuing the Certificates.
Section 3.2: Designation, Date and Interest Payment Dates. The Certificates shall be designated
The Certificates shall bear interest at the rates set forth in Section 3.3 below, from the later of the Issuance Date,
or the most recent Interest Payment Date to which interest has been paid or duly provided for, calculated on the
basis of a 360-day year of twelve 30-day months, payable on September 15, 2017, and each March 15 and
September 15 thereafter until maturity or earlier redemption.
If interest on any Certificate is not paid on any Interest Payment Date and continues unpaid for thirty
(30) days thereafter, the Paying Agent/Registrar shall establish a new record date for the payment of such
interest, to be known as a Special Record Date. The Paying Agent/Registrar shall establish a Special Record
Date when funds to make such interest payment are received from or on behalf of the City. Such Special
Record Date shall be fifteen (15) days prior to the date fixed for payment of such past due interest, and notice of
the date of payment and the Special Record Date shall be sent by United States mail, first class, postage prepaid,
not later than five (5) days prior to the Special Record Date, to each affected Registered Owner as of the close
of business on the day prior to mailing of such notice.
Section 3.3: Numbers, Denomination, Interest Rates and Maturities. The Certificates shall be
initially issued bearing the numbers, in the principal amounts and bearing interest at the rates set forth in the
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following schedule, and may be transferred and exchanged as set out in this Ordinance. The Certificates shall
mature on March 15 in each of the years and in the amounts set out in such schedule. Certificates delivered in
transfer of or in exchange for other Certificates shall be numbered in order of their authentication by the Paying
Agent/Registrar, shall be in the denomination of $5,000 or integral multiples thereof and shall mature on the
same date and bear interest at the same rate as the Certificate or Certificates in lieu of which they are delivered.
Certificate Year of Principal Interest
Number Maturity Amount Rate
R-1 3/15/2016 $375,000 3.000%
R-2 3/15/2017 $340,000 3.000%
R-3 3/15/2018 $350,000 3.000%
R-4 3/15/2019 $360,000 3.000%
R-5 3/15/2020 $375,000 3.000%
R-6 3/15/2021 $385,000 3.000%
R-7 3/15/2022 $395,000 3.000%
R-8 3/15/2023 $410,000 3.000%
R-9 3/15/2024 $420,000 3.000%
R-10 3/15/2025 $435,000 3.000%
R-11 3/15/2026 $445,000 2.250%
R-12 3/15/2027 $905,000 2.500%
R-13 3/15/2028 $925,000 2.500%
R-14 3/15/2029 $950,000 3.000%
R-15 3/15/2030 $700,000 3.000%
Section 3.4: Redemption Prior to Maturity.
(a) The Certificates maturing on and after March 15, 2028, are subject to redemption prior to maturity,
at the option of the City, in whole or in part, in inverse order of maturity, on March 15, 2027, or any date
thereafter, at par plus accrued interest to the date fixed for redemption.
(b) Certificates may be redeemed in part only in integral multiples of $5,000. If a Certificate subject to
redemption is in a denomination larger than $5,000, a portion of such Certificate may be redeemed, but only in
integral multiples of $5,000. In selecting portions of Certificates for redemption, each Certificate shall be
treated as representing that number of Certificates of $5,000 denomination which is obtained by dividing the
principal amount of such Certificate by $5,000. Upon presentation and surrender of any Certificate for
redemption in part, the Paying Agent/Registrar, in accordance with the provisions of this Ordinance, shall
authenticate and deliver in exchange therefor a Certificate or Certificates of like maturity and interest rate in an
aggregate principal amount equal to the unredeemed portion of the Certificate so surrendered.
(c) Notice of any redemption, identifying the Certificates or portions thereof to be redeemed, shall be
sent by United States mail, first class, postage prepaid, to the Registered Owners thereof at their addresses as
shown on the Register, not less than thirty (30) days before the date fixed for such redemption. By the date
fixed for redemption, due provision shall be made with the Paying Agent/Registrar for the payment of the
redemption price of the Certificates called for redemption. If such notice of redemption is given, and if due
provision for such payment is made, all as provided above, the Certificates which are to be so redeemed
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thereby automatically shall be redeemed prior to their scheduled maturities, they shall not bear interest after the
date fixed for redemption, and they shall not be regarded as being Outstanding except for the purpose of being
paid with the funds so provided for such payment.
Section 3.5: Manner of Payment, Characteristics, Execution and Authentication. The Paying
Agent/Registrar is hereby appointed the paying agent for the Certificates. The Certificates shall be payable,
shall have the characteristics and shall be executed, sealed, registered and authenticated, all as provided and in
the manner indicated in the FORM OF CERTIFICATES set forth in Article IV of and Exhibit A to this
Ordinance. If any officer of the City whose manual or facsimile signature shall appear on the Certificates shall
cease to be such officer before the authentication of the Certificates or before the delivery of the Certificates,
such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer
had remained in such office.
The approving legal opinion of Andrews Kurth Kenyon LLP, Houston, Texas, Bond Counsel, may be
printed on the back of the Certificates over the certification of the City Secretary, which may be executed in
facsimile. CUSIP numbers also may be printed on the Certificates, but errors or omissions in the printing of
either the opinion or the numbers shall have no effect on the validity of the Certificates.
Section 3.6: Authentication. Except for the Certificates to be initially issued, which need not be
authenticated by the Registrar, only such Certificates as shall bear thereon a certificate of authentication,
substantially in the form provided in Article IV of and Exhibit A to this Ordinance, manually executed by an
authorized representative of the Paying Agent/Registrar, shall be entitled to the benefits of this Ordinance or
shall be valid or obligatory for any purpose. Such duly executed certificate of authentication shall be conclusive
evidence that the Certificate so authenticated was delivered by the Paying Agent/Registrar hereunder.
Section 3.7: Ownership. The City, the Paying Agent/Registrar and any other person may treat the
person in whose name any Certificate is registered as the absolute owner of such Certificate for the purpose of
making and receiving payment of the principal thereof and interest thereon and for all other purposes, whether
or not such Certificate is overdue, and neither the City nor the Paying Agent/Registrar shall be bound by any
notice or knowledge to the contrary. All payments made to the person deemed to be the Registered Owner of
any Certificate in accordance with this Section shall be valid and effective and shall discharge the liability of the
City and the Paying Agent/Registrar upon such Certificate to the extent of the sums paid.
Section 3.8: Registration, Transfer and Exchange. The Paying Agent/Registrar is hereby
appointed the registrar for the Certificates. So long as any Certificate remains Outstanding, the Paying
Agent/Registrar shall keep the Register at its office in Houston, Texas, in which, subject to such reasonable
regulations as it may prescribe, the Paying Agent/Registrar shall provide for the registration and transfer of the
Certificates in accordance with the terms of this Ordinance.
Each Certificate shall be transferable only upon the presentation and surrender thereof at the principal
corporate trust office of the Paying Agent/Registrar, accompanied by an assignment duly executed by the
Registered Owner or his authorized representative in form satisfactory to the Paying Agent/Registrar. Upon due
presentation of any Certificate for transfer, the Paying Agent/Registrar shall authenticate and deliver in
exchange therefor, within seventy-two (72) hours after such presentation, a new Certificate or Certificates,
registered in the name of the transferee or transferees, in authorized denominations and of the same maturity
and aggregate principal amount and bearing interest at the same rate as the Certificate or Certificates so
presented and surrendered.
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All Certificates shall be exchangeable upon the presentation and surrender thereof at the principal
corporate trust office of the Paying Agent/Registrar for a Certificate or Certificates of the same maturity and
interest rate and in any authorized denomination, in an aggregate principal amount equal to the unpaid principal
amount of the Certificate or Certificates presented for exchange. The Paying Agent/Registrar shall be and is
hereby authorized to authenticate and deliver exchange Certificates in accordance with the provisions of this
Section. Each Certificate delivered by the Paying Agent/Registrar in accordance with this Section shall be
entitled to the benefits and security of this Ordinance to the same extent as the Certificate or Certificates in lieu
of which such Certificate is delivered.
All Certificates issued in transfer or exchange shall be delivered to the Registered Owners thereof at the
principal corporate trust office of the Paying Agent/Registrar or sent by United States mail, first class, postage
prepaid.
The City or the Paying Agent/Registrar may require the Registered Owner of any Certificate to pay a
sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the
transfer or exchange of such Certificate. Any fee or charge of the Paying Agent/Registrar for such transfer or
exchange shall be paid by the City.
The Paying Agent/Registrar shall not be required to transfer or exchange any Certificate called for
redemption in whole or in part during the forty-five (45) day period immediately prior to the date fixed for
redemption; provided, however, that this restriction shall not apply to the transfer or exchange by the Registered
Owner of the unredeemed portion of a Certificate called for redemption in part.
Section 3.9: Book-Entry Only System. (a) The definitive Certificates shall be initially issued in the
form of a separate single fully registered Certificate for each of the maturities thereof. Upon initial issuance, the
ownership of each such Certificate shall be registered in the name of Cede & Co., as nominee of DTC, and
except as provided in subsection (b) hereof, all of the Outstanding Certificates shall be registered in the name of
Cede & Co., as nominee of DTC. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the
effect that DTC has deretermined to substitute a new nominee in place of Cede & Co., and subject to the
provisions in this Ordinance with respect to interest checks being mailed to the Registered Owner at the close of
DTC.
With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the City and the
Paying Agent/Registrar shall have no responsibility or obligation to any DTC Participant or to any person on
behalf of whom such a DTC Participant holds an interest in the Certificates. Without limiting the immediately
preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with
respect to (a) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any
ownership interest in the Certificates, (b) the delivery to any DTC Participant or any other person, other than a
holder of the Certificate, as shown on the Register, of any notice with respect to the Certificates, including any
notice of redemption or (c) the payment to any DTC Participant or any other person, other than a holder of the
Certificate, as shown in the Register of any amount with respect to principal of Certificates, premium, if any, or
interest on the Certificates.
Except as provided in subsection (c) of this Section 3.9, the City and the Paying Agent/Registrar shall be
entitled to treat and consider the person in whose name each Certificate is registered in the Register as the
absolute owner of such Certificate for the purpose of payment of principal of, premium, if any, and interest on
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Certificates, for the purpose of giving notices of redemption and other matters with respect to such Certificate,
for the purpose of registering transfer with respect to such Certificate, and for all other purposes whatsoever.
The Paying Agent/Registrar shall pay all principal of Certificates, premium, if any, and interest on the
Certificates only to or upon the order of the respective owners, as shown in the Register as provided in this
Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and
effective to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium,
if any, and interest on the Certificates to the extent of the sum or sums so paid. No person other than an owner
shall receive a Certificate evidencing the obligation of the City to make payments of amounts due pursuant to
this Ordinance.
(b) Payments and Notices to Cede & Co. Notwithstanding any other provision of this Ordinance to
the contrary, as long as any Certificates are registered in the name of Cede & Co., as nominee of DTC, all
payments with respect to principal of, premium, if any, and interest on the Certificates, and all notices with
respect to such Certificates shall be made and given, respectively, in the manner provided in the representation
letter of the City to DTC.
(c) Successor Securities Depository; Transfer Outside Book-Entry Only System. In the event that
the City or the Paying Agent/Registrar determines that DTC is incapable of discharging its responsibilities
described herein and in the representation letter of the City to DTC, and that it is in the best interest of the
beneficial owners of the Certificates that they be able to obtain certified Certificates, the City or the Paying
Agent/Registrar shall (a) appoint a successor securities depository, qualified to act as such under Section 17(a)
of the Securities and Exchange Act of 1934, as amended, notify DTC of the appointment of such successor
securities depository and transfer one or more separate Certificates to such successor securities depository or (b)
notify DTC of the availability through DTC of Certificates and transfer one or more separate Certificates to
DTC Participants having Certificates credited to their DTC accounts. In such event, the Certificates shall no
longer be restricted to being registered in the Register in the name of Cede & Co., as nominee of DTC, but may
be registered in the name of the successor securities depository, or its nominee, or in whatever name or names
holders of the Certificates transferring or exchanging Certificates shall designate, in accordance with the
provisions of this Ordinance.
Section 3.10: Replacement Certificates. Upon the presentation and surrender to the Paying
Agent/Registrar of a damaged or mutilated Certificate, the Paying Agent/Registrar shall authenticate and deliver
in exchange therefor a replacement Certificate, of the same maturity, interest rate and principal amount, bearing
a number not contemporaneously outstanding. The City or the Paying Agent/Registrar may require the
Registered Owner of such Certificate to pay a sum sufficient to cover any tax or other governmental charge that
may be imposed in connection therewith and any other expenses connected therewith, including the fees and
expenses of the Paying Agent/Registrar and the City.
If any Certificate is lost, apparently destroyed or wrongfully taken, the City, pursuant to the applicable
laws of the State of Texas and ordinances of the City, and in the absence of notice or knowledge that such
Certificate has been acquired by a bona fide purchaser, shall execute, and the Paying Agent/Registrar shall
authenticate and deliver, a replacement Certificate of the same maturity, interest rate and principal amount,
bearing a number not contemporaneously outstanding, provided that the Registered Owner thereof shall have:
(a) furnished to the City and the Paying Agent/Registrar satisfactory evidence of the ownership of and
the circumstances of the loss, destruction or theft of such Certificate;
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(b) furnished such security or indemnity as may be required by the Paying Agent/Registrar and the City
to save and hold them harmless;
(c) paid all expenses and charges in connection therewith, including, but not limited to, printing costs,
legal fees, fees of the Paying Agent/Registrar and any tax or other governmental charge that may be imposed;
and
(d) met any other reasonable requirements of the City and the Paying Agent/Registrar.
If, after the delivery of such replacement Certificate, a bona fide purchaser of the original Certificate in lieu of
which such replacement Certificate was issued presents for payment such original Certificate, the City and the
Paying Agent/Registrar shall be entitled to recover such replacement Certificate from the person to whom it was
delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the
security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the City
or the Paying Agent/Registrar in connection therewith.
If any such mutilated, lost, apparently destroyed or wrongfully taken Certificate has become or is about
to become due and payable, the City in its discretion may, instead of issuing a replacement Certificate, authorize
the Paying Agent/Registrar to pay such Certificate.
Each replacement Certificate delivered in accordance with this Section shall be entitled to the benefits
and security of this Ordinance to the same extent as the Certificate or Certificates in lieu of which such
replacement Certificate is delivered.
Section 3.11: Cancellation. All Certificates paid or redeemed in accordance with this Ordinance, and
all Certificates in lieu of which exchange Certificates or replacement Certificates are authenticated and
delivered in accordance herewith, shall be canceled and destroyed upon the making of proper records regarding
such payment or redemption. The Paying Agent/Registrar shall periodically furnish the City with certificates of
destruction of such Certificates.
ARTICLE IV
FORM OF CERTIFICATES
Section 4.1: Form of Certificates
Registration Certificate, Form of Paying Agent/Registrar Authentication Certificate, Form of Assignment and
Form of Statement of Insurance, if any, shall be in substantially the form set forth in Exhibit A hereto, with such
omissions, insertions and variations as may be necessary or desirable, and not prohibited by this Ordinance.
ARTICLE V
SECURITY FOR THE CERTIFICATES
Section 5.1: Pledge and Levy of Taxes and Revenues. (a) To provide for the payment of principal
of and interest on the Certificates, there is hereby levied, within the limits prescribed by law, for the current year
and each succeeding year thereafter, while the Certificates or any part of the principal thereof and the interest
thereon remain outstanding and unpaid, an ad valorem tax upon all taxable property within the City sufficient to
pay the interest on the Certificates and to create and provide a sinking fund of not less than 2% of the principal
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amount of the Certificates or not less than the principal payable out of such tax, whichever is greater, with full
allowance being made for tax delinquencies and the costs of tax collection, and such taxes, when collected, shall
be applied to the payment of principal of and interest on the Certificates by deposit to the Debt Service Fund (as
hereinafter defined) and to no other purpose.
(b) The City hereby declares its purpose and intent to provide and levy a tax legally sufficient to pay
the principal of and interest on the Certificates, it having been determined that the existing and available taxing
authority of the City for such purpose is adequate to permit a legally sufficient tax. There is hereby
appropriated, from current funds on hand and legally available therefor, funds sufficient to pay the debt service
coming due on the Certificates prior to receipt of taxes levied therefor.
(c) In addition, pursuant to the authority of Chapter 1502, Texas Government Code, the City also
hereby pledges th
after the payment of all operation and maintenance expenses thereof, and all debt service, reserve and other
ions (now or hereafter outstanding) that are secured
principal of and interest on the Certificates. The City shall such Surplus Revenues to the credit of the Debt
Service Fund created pursuant to Section 5.2 hereof to the extent necessary to pay the principal of and interest
on the Certificates. If Surplus Revenues are used in lieu of ad valorem taxes for the payment of the debt
service requirements of System debt, the City shall maintain and collect sufficient rates and charges to produce
System revenues in any amount necessary to meet the debt service requirements of all outstanding obligations
payable from System revenues. The City further agrees to maintain the funds established by and required by
the Certificates.
(d) If Net Revenues are actually on deposit in the Debt Service Fund prior to the annual tax levy, the
City shall reduce the amount of the tax levy by the amount of Net Revenues on deposit in the Debt Service
Fund on such date. However, if the determination of Net Revenues to be deposited in the Debt Service Fund is
based on budgeted amounts, (i) the City shall transfer and deposit in the Debt Service Fund each month an
th
amount not less than 1/12 of the annual debt service on the Certificates until the amount on deposit in the
Debt Service Fund equals the amount required for annual debt service on the Certificates; (ii) the City shall not
transfer any pledged Net Revenues to any fund other than the Debt Service Funds until such time as an amount
equal to the annual debt service on the Certificate for the then current fiscal year has been deposited in the
Debt Service Fund; (iii) each year that the Certificates are outstanding, and prior to the time taxes are to be
levied for such year, the City shall establish, adopt, and maintain an annual budget that provides for either the
monthly deposit of sufficient Net Revenues, ad valorem tax revenues or other legally available funds, or a
combination thereof, into the Debt Service Fund for the repayment of the Certificates; and (iv) the City will
either maintain and collect sufficient rates and charges to produce revenues in an amount not less than 1.10
times debt service requirements for all outstanding obligations of the City secured by Net Revenues, or shall
provide documentation evidencing the levy and collection of an ad valorem tax rate sufficient to provide for
the payment of annual debt service requirements.
Section 5.2: Debt Service Fund
shall establish and maintain such fund at an official City depository and shall keep such fund separate and apart
from all other funds and accounts of the City. Any amount on deposit in the Debt Service Fund shall be
maintained by the City in trust for the Registered Owners of the Certificates. Such amount, plus any other
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amounts deposited by the City into such fund and any and all investment earnings on amounts on deposit in
such fund, shall be used only to pay the principal of, premium, if any, and interest on the Certificates.
Section 5.3: Further Proceedings. After the Certificates to be initially issued have been executed, it
shall be the duty of the Mayor to deliver the Certificates to be initially issued and all pertinent records and
proceedings to the Attorney General for examination and approval. After the Certificates to be initially issued
shall have been approved by the Attorney General, they shall be delivered to the Comptroller for registration.
Upon registration of the Certificates to be initially issued, the Comptroller (or a deputy lawfully designated in
writing to act for the Comptro
herein to be affixed or attached to the Certificates to be initially issued, and the seal of said Comptroller shall be
impressed, or placed in facsimile, thereon.
ARTICLE VI
CONCERNING THE PAYING AGENT/REGISTRAR
Section 6.1: Acceptance. Amegy Bank, a division of ZB, National Association is hereby appointed
as the initial Paying Agent/Registrar for the Certificates pursuant to the terms and provisions of the Paying
Agent/Registrar Agreement by and between the City and the Paying Agent/Registrar in substantially the form
presented at the meeting at which this Ordinance was approved. The Mayor is hereby authorized to execute and
deliver such Paying Agent/Registrar Agreement on behalf of the City in multiple counterparts and the City
and any successor Paying Agent/Registrar, by undertaking the performance of the duties of the Paying
Agent/Registrar hereunder, and in consideration of the payment of any fees pursuant to the terms of any
contract between the Paying Agent/Registrar and the City and/or the deposits of money pursuant to this
Ordinance, shall be deemed to accept and agree to abide by the terms of this Ordinance.
Section 6.2: Trust Funds. All money transferred to the Paying Agent/Registrar in its capacity as
Paying Agent/Registrar for the Certificates under this Ordinance (except any sums representing Paying
d in trust for the benefit of the City, shall be the property of the City and
shall be disbursed in accordance with this Ordinance.
Section 6.3: Certificates Presented. Subject to the provisions of Section 6.4, all matured
Certificates presented to the Paying Agent/Registrar for payment shall be paid without the necessity of further
instructions from the City. Such Certificates shall be canceled as provided herein.
Section 6.4: Unclaimed Funds Held by the Paying Agent/Registrar. Funds held by the Paying
Agent/Registrar that represent principal of and interest on the Certificates remaining unclaimed by the
Registered Owner thereof after the expiration of three years from the date such funds have become due and
payable (a) shall be reported and disposed of by the Paying Agent/Registrar in accordance with the provisions
of Title 6 of the Texas Property Code, as amended, to the extent such provisions are applicable to such funds, or
(b) to the extent such provisions do not apply to the funds, such funds shall be paid by the Paying
Agent/Registrar to the City upon receipt by the Paying Agent/Registrar of a written request therefor from the
City.
The Paying Agent/Registrar shall have no liability to the Registered Owners of the Certificates by virtue
of actions taken in compliance with this Section.
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Section 6.5: Paying Agent/Registrar May Own Certificates. The Paying Agent/Registrar in its
individual or any other capacity, may become the owner or pledgee of Certificates with the same rights it would
have if it were not the Paying Agent/Registrar.
Section 6.6: Successor Paying Agents/Registrars. The City covenants that at all times while any
Certificates are Outstanding it will provide a legally qualified bank, trust company, financial institution or other
agency to act as Paying Agent/Registrar for the Certificates. The City reserves the right to change the Paying
Agent/Registrar, as long as any such notice is effective not less than 60 days prior to the next succeeding
principal or interest payment date on the Certificates. Promptly upon the appointment of any successor Paying
Agent/Registrar, the previous Paying Agent/Registrar shall deliver the Register or a copy thereof to the new
Paying Agent/Registrar, and the new Paying Agent/Registrar shall notify each Registered Owner, by United
States mail, first class, postage prepaid, of such change and of the address of the new Paying Agent/Registrar.
Each Paying Agent/Registrar hereunder, by acting in that capacity, shall be deemed to have agreed to the
provisions of this Ordinance.
ARTICLE VII
PROVISIONS CONCERNING SALE AND
APPLICATION OF PROCEEDS OF CERTIFICATES
Section 7.1: Sale of Certificates. The sale of the Certificates to the Purchaser at a price of par
pursuant to a loan commitment received from the Purchaser is hereby approved. The City shall pay a 1.85%
origination fee to the Purchaser. It is hereby found, determined and declared that the price and terms of the
Certificates are the most advantageous reasonably obtainable by the City. The Mayor and all other officers,
agents and representatives of the City are hereby authorized to do any and all things necessary to provide for the
issuance and delivery of the Certificates.
Section 7.2: Approval, Registration and Delivery. The Mayor is hereby authorized to have control
and custody of the Certificates and all necessary records and proceedings pertaining thereto pending their
delivery, and the Mayor and other officers and employees of the City are hereby authorized and directed to
make such certifications and to execute such instruments as may be necessary to accomplish the delivery of the
Certificates and to assure the investigation, examination and approval thereof by the Attorney General and the
registration of the initial Certificates by the Comptroller. Upon registration of the Certificates, the Comptroller
istration Certificates prescribed herein to be
attached or affixed to each Certificates initially delivered and the seal of the Comptroller shall be impressed or
printed or lithographed thereon.
Section 7.3: Private Placement Memorandum. The City Council hereby approves the form and
content of the Private Placement Memorandum prepared in connection with the sale of the Certificates, and
approves the delivery of the Private Placement Memorandum to the Purchaser, with such changes therein or
additions thereto as the officials executing the same may deem advisable, such determination to be conclusively
evidenced by their execution thereof.
Section 7.4: Deposit of Proceeds; Escrow Agreement. Immediately following the delivery of the
Certificates and prior to the deposit of the proceeds from the sale of such Certificates in the Construction Fund
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referenced in Section 9.2 of this Ordinance, such proceeds shall be held in trust and in escrow pursuant to the
written escrow agreement described below pending written authorization to release said proceeds.
A "Special Escrow Deposit Agreement" by and between the City and Amegy Bank, a division of ZB,
National Association, Houston, Texas, attached hereto as Exhibit B and incorporated herein by reference as a
part of this Resolution for all purposes, is hereby approved as to form and content, and the Mayor and City
Secretary are hereby authorized and directed to execute such Agreement in substantially the same form and
content herein approved.
Section 7.5: Covenants to Maintain Tax Exemption.
(a) Definitions. When used in this Section, the following terms have the following meanings:
before the Issue Date.
section 1.148 1(b) of the Regulations.
f the City is the respective date on which such
Certificates or other obligations of the City, is delivered against payment therefor.
ng stated in section 1.148 1(b) of the Regulations.
-1(b) of the Regulations.
-3 of the Regulations.
Tax Regulations applicable to the Certificates
issued pursuant to sections 141 through 150 of the Code. Any reference to a section of the Regulations shall
also refer to any successor provision to such section hereafter promulgated by the Internal Revenue Service
pursuant to sections 141 through 150 of the Code and applicable to the Certificates.
(1) any Investment shall be computed in accordance with section 1.148-5 of the Regulations,
and
(2) the Certificates shall be computed in accordance with section 1.148-4 of the Regulations.
(b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of or omit to
use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of
which is to be financed directly or indirectly with Gross Proceeds) in a manner which, if made or omitted,
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respectively, would cause the interest on any Certificates to become includable in the gross income, as defined
in section 61 of the Code, of the owner for federal income tax purposes. Unless and until the City has received
a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to
comply with such covenant will not adversely affect the exemption from federal income tax of the interest on
any Certificate, the City shall comply with the specific covenants in this Section.
(c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the
regulations and rulings relating to section 141 of the Code, the City shall, at all times prior to the last stated
maturity of the Certificates,
(1) exclusively own, operate, and possess all property the acquisition, construction, or
improvement of which is to be financed directly or indirectly with Gross Proceeds of the Certificates and
not use or permit the use of such Gross Proceeds or any property acquired, constructed, or improved
with such Gross Proceeds in any activity carried on by any person or entity other than a state or local
government, unless such use is solely as a member of the general public, or
(2) not directly or indirectly impose or accept any charge or other payment for use of Gross
Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to
be financed directly or indirectly with such Gross Proceeds other than taxes of general application and
interest earned on investments acquired with such Gross Proceeds pending application for their intended
purposes.
(d) No Private Loan. Except to the extent permitted by section 141 of the Code and the regulations
and rulings relating to section 141 of the Code, the City shall not use Gross Proceeds of the Certificates to make
or finance loans to any person or entity other than a state or local government. For purposes of the foregoing
constructed or improved with Gross Proceeds is sold or leased to such person or entity in a transaction which
creates a debt for federal income tax purposes, (2) capacity in or service from such property is committed to
such person or entity under a take or pay, output, or similar contract or arrangement, or (3) indirect benefits, or
burdens and benefits of ownership, of such Gross Proceeds or such property are otherwise transferred in a
transaction which is the economic equivalent of a loan.
(e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the
regulations and rulings relating to section 148 of the Code, the City shall not, at any time prior to the earlier of
the final stated maturity or final payment of the Certificates, directly or indirectly invest Gross Proceeds of such
Certificates in any Investment (or use such Gross Proceeds to replace money so invested), if as a result of such
investment the Yield of all Investments allocated to such Gross Proceeds whether then held or previously
disposed of, exceeds the Yield on the Certificates.
(f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the
regulations and rulings relating to section 149(b) of the Code, the City shall not take or omit to take any action
which would cause the Certificates to be federally guaranteed within the meaning of section 149(b) of the Code
and the regulations and rulings relating to section 149(b) of the Code.
(g) Information Report. The City shall timely file with the Secretary of the Treasury the information
required by section 149(e) of the Code with respect to the Certificates on such forms and in such place as such
Secretary may prescribe.
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(h) Payment of Rebate Amount. Except to the extent otherwise provided in section 148(f) of the
Code and the regulations and rulings relating to section 148(f) of the Code, the City shall:
(1) account for all Gross Proceeds (including all receipts, expenditures and investments
thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and
investments thereof) and shall retain all records of such accounting for at least six years after the final
Computation Date. The City may, however, to the extent permitted by law, commingle Gross Proceeds
of the Certificates with other money of the City, provided that the City separately accounts for each
receipt and expenditure of such Gross Proceeds and the Certificates acquired with these proceeds.
(2) calculate the Rebate Amount with respect to the Certificates, not less frequently than each
Computation Date, in accordance with rules set forth in section 148(f) of the Code, section 1.148 3 of
the Regulations, and the rulings thereunder. The City shall maintain a copy of such calculations for at
least six years after the final Computation Date.
(3) as additional consideration for the purchase of the Certificates by the initial purchaser and
the loan of the money represented by this purchase, and in order to induce such purchase by measures
designed to ensure the excludability of the interest from the gross income of the owners for federal
income tax purposes, pay to the United States the amount described in paragraph (2) above at the times,
in the installments, to the place, in the manner and accompanied by such forms or other information as is
or may be required by section 148(f) of the Code and the regulations and rulings relating to section
148(f) of the Code, and
(4) exercise reasonable diligence to assure that no errors are made in the calculations
required by paragraph (2) and, if such error is made, to discover and promptly to correct such error
within a reasonable amount of time, including payment to the United States of any interest and any
penalty required by the Regulations.
(i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and
the regulations and rulings relating to section 148 of the Code, the City shall not, at any time prior to the earlier
of the final stated maturity or final payment of the Certificates, enter into any transaction that reduces the
amount required to be paid to the United States pursuant to Subsection (h) of this Section because such
transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at
(j) Not Hedge Bonds. The City will not invest more than 50 percent of the Proceeds of the
Certificates in Nonpurpose Investments having a guaranteed yield for four years or more. On the Closing Date,
the City will reasonably expect that at least 85 percent of the Net Sale Proceeds of the Certificates will be used
to carry out the governmental purpose of such series within three years after the Closing Date.
Section 7.6: Related Matters. In order that the City shall satisfy in a timely manner all of its
obligations under this Ordinance, the Mayor, the Mayor Pro-Tem, City Secretary and all other appropriate
officers, agents, representatives and employees of the City are hereby authorized and directed to take all other
actions that are reasonably necessary to provide for the issuance and delivery of the Certificates, including,
without limitation, executing and delivering on behalf of the City all certificates, consents, receipts, requests,
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Ordinance and to direct the transfer and application of funds of the City consistent with the provisions of this
Ordinance.
ARTICLE VIII
CONTINUING DISCLOSURE UNDERTAKING
Section 8.1: Annual Reports. The City shall provide annually to the MSRB the audited financial
statements of the City. Any financial statements so to be provided shall be (1) prepared in accordance with the
generally accepted accounting principles as applicable to government units prescribed by the Government
Accounting Standards Board and (2) audited, if the City commissions an audit of such statements and the audit
is completed within the period during which they must be provided. If the audit of such financial statements is
not complete within 12 months after any such fiscal year end, then the City shall file unaudited financial
statements within such 12-month period and audited financial statements for the applicable fiscal year, when
and if the audit report on such statements becomes available.
If the City changes its fiscal year, it will notify the MSRB of the change (and of the date of the new
fiscal year end) prior to the next date by which the City otherwise would be required to provide financial
information and operating data pursuant to this Section.
The financial information and operating data to be provided pursuant to this Section may be set forth in
full in one or more documents or may be included by specific reference to any document (including an official
statement or other offering document, if it is available from the MSRB) that theretofore has been provided to
the MSRB or filed with the SEC.
Section 8.2: Material Event Notices. The City shall notify the MSRB, in a timely manner, of any of
the following events with respect to the Certificates (not in excess of ten (10) business days after the occurrence
of the event):
(a) Principal and interest payment delinquencies;
(b) Non-payment related defaults;
(c) Unscheduled draws on debt service reserves reflecting financial difficulties;
(d) Unscheduled draws on credit enhancements reflecting financial difficulties;
(e) Substitution of credit or liquidity providers, or their failure to perform;
(g) Adverse tax opinions or events affecting the tax-exempt status of the Certificates;
(h) Modifications to rights of holders of the Certificates;
(i) Certificate calls;
(j) Defeasances;
(k) Release, substitution, or sale of property securing repayment of the Certificates;
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(l)
(m) bankruptcy, insolvency, receivership, or similar event of the City;
(n) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or
substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive
agreement to undertake such action, or the termination of a definitive agreement relating to any such actions,
other than pursuant to its terms, if material; and
(o) the appointment of a successor or additional trustee or change of name of the trustee, if material.
For these purposes, any event described in the immediately preceding paragraph (n) is considered to
occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City
in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law
in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or
business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and
officials or officers in possession but subject to the supervision and orders of a court or governmental authority,
or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or
governmental authority having supervision or jurisdiction over substantially all of the assets or business of the
City.
The City shall notify the MSRB, in a timely manner, of any failure by the City to provide financial
information or operating data in accordance with Section 8.1 of this Ordinance by the time required by such
Section.
Section 8.3: Identifying Information. All documents shall be provided to the MSRB in an
electronic format and accompanied by identifying information, as prescribed by the MSRB.
Section 8.4: Limitations, Disclaimers and Amendments. The City shall be obligated to observe
and perform the covenants specified in this Article for so long as, but only for so long as, the City remains an
event will give the notice required by Section 8.2 of any Certificate calls and defeasance that cause the City to
The provisions of this Article are for the sole benefit of the holders and beneficial owners of the
Certificates, and nothing in this Article, express or implied, shall give any benefit or any legal or equitable right,
remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information,
operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Article
and does not hereby undertake to provide any other information that may be relevant or material to a complete
information provided in accordance with this Article or otherwise, except as expressly provided herein. The
City does not make any representation or warranty concerning such information or its usefulness to a decision
to invest in or sell Certificates at any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR
BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT,
FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY,
WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN
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THIS ARTICLE, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR
TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR
MANDAMUS OR SPECIFIC PERFORMANCE.
No default by the City in observing or performing its obligations under this Article shall constitute a
breach of or default under the Ordinance for purposes of any other provision of this Ordinance.
Nothing in this Article is intended or shall act to disclaim, waive, or otherwise limit the duties of the
City under federal and state securities laws.
The provisions of this Article may be amended by the City from time to time to adapt the changed
circumstances that arise from a change in legal requirements, a change in law, or a change in the identity,
nature, status, or type of operations of the City, but only if (1) the provisions of this Article, as so amended,
would have permitted an underwriter to purchase or sell the Certificates in the primary offering of the
Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to
the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority
in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that
authorizes such an amendment) of the outstanding Certificates consent to such amendment or (b) a person that
is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will
not materially impair the interests of the holder and beneficial owners of the Certificates. If the City so amends
the provisions of this Article, it shall include with any amended financial information or operating data next
provided in accordance with Section 8.1 an explanation, in narrative form, of the reasons for the amendment
and of the impact of any change in the type of financial information or operating data so provided. The City
may also amend or repeal the provisions of this Article if the SEC amends or repeals the applicable provisions
of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the
City also may amend the provisions of this Article in its discretion in any other manner or circumstance, but in
either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter
from lawfully purchasing or selling Certificates in the primary offering of the Certificates, giving effect to (a)
such provisions as so amended and (b) any amendments or interpretations of the Rule.
Section 8.5: Definitions. As used in this Article, the following terms have the meanings ascribed to
such terms below:
ans SEC Rule 15c2-12, as amended from time to time.
ARTICLE IX
SPECIAL PROVISIONS RELATING TO THE TEXAS WATER
DEVELOPMENT BOARD
Section 9.1: ns.
The City will comply with all of the requirements contained in the resolution or resolutions adopted by the
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Section 9.2: Construction Fund; Timely Use of Proceeds. The proceeds of the Certificates shall be
shall be kept separate from all other accounts and funds of the City. The City shall maintain project accounts in
accordance with generally accepted accounting principles (GAAP), including standards relating to the reporting
of infrastructure assets. Monies on deposit in the Construction Fund shall be applied in accordance with the
applicable requirements of the Texas Water Code and the rules and regulations of the TWDB. All funds
deposited to the credit of the Construction Fund will be used in a timely and expeditious manner, as required by
federal statute and EPA regulations, and the City will adhere to the project schedule approved by the Executive
Administrator.
Section 9.3: Records; Final Accountings. The City will keep and maintain full and complete
records and accounts pertaining to the construction of the projects financed with the proceeds of sale of the
Certificates, including the Construction Fund, in accordance with the standards set forth by the Government
Accounting Standard Board. Within 60 days of completion, the City will submit to the TWDB a final
accounting of the total costs of the projects financed with the Certificates.
Section 9.4: Annual Audit. So long as any Certificates are held by the TWDB, the City will
copy of its annual audited financial statements prepared in accordance with generally acceptable auditing
standards by a certified public accountant.
Section 9.5: Investment of Proceeds. Proceeds from the sale of the Certificates shall be held at a
designated state depository institution or other properly chartered and authorized institution in accordance with
the Public Funds Investment Act, Government Code, Chapter 2256, and the Public Funds Collateral Act,
Government Code, Chapter 2257.
Section 9.6: Surplus Proceeds. Any proceeds of the Certificates that are determined to be remaining
unused funds unspent after the original approved project described in Section 3.1 hereof is completed shall be
used for enhancements to the original project that are explicitly approved by the Executive Administrator. If
no enhancements are authorized by the Executive Administrator, the City shall submit a final accounting and
disposition of any unused funds. Proceeds of the Certificates determined to be surplus funds remaining after
completion of the projects described in Section 3.1 hereof and completion of a final accounting shall be used for
the following purposes as approved by the Executive Administrator of the TWDB: (1) to redeem, in inverse
annual order, the Certificates owned by the TWDB, (2) deposit into the Interest and Sinking Fund for the
payment of interest or principal on the Certificates owned by the TWDB, or (3) deposit into a reserve fund.
Section 9.7: Insurance. The City will maintain insurance on the projects financed with the proceeds
of the Cer
Section 9.8: Water Conservation Program. The City has implemented or will implement an
approved water conservation program required by the TWDB for so long as the Certificates are outstanding.
Section 9.9: TWDB Remedies. The TWDB may exercise all remedies available to it in law or
shall be of no force and effect.
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Section 9.10: Environmental Determination. The City will comply with any special conditions
discharged.
Section 9.11: Environmental Indemnification. Proceeds of the Certificates shall not be used by the
City when sampling, testing, removing or disposing of contaminated soils and/or media at the project site. The
City shall indemnify, hold harmless and protect the TWDB from any and all claims, causes of action or
damages to the person or property of third parties arising from the sampling, analysis, transport, storage,
treatment and disposition of any contaminated sewage sludge, contaminated sediments and/or contaminated
media that may be generated by the City, its contractors, consultants, agents, officials and employees as a result
of activities relating to the project, to the extent permitted by law.
Section 9.12: Compliance with Davis-Bacon. All laborers and mechanics employed by contractors
and subcontractors for projects be paid wages at rates not less than those prevailing on projects of a similar
character in the City in accordance with the Davis-
implementing regulations and all project contracts shall mandate compliance with the Davis-Bacon Act. All
contracts and subcontracts for the construction of the project carried out in whole or in part with proceeds of the
Certificates shall insert in full in any contract in excess of $2,000 the contracts clauses as provided by the
TWDB.
Section 9.13: Federal Funding Accountability and Transparency Act. The City shall provide the
TWDB with all information required to be reported in accordance with the Federal Funding Accountability and
Transparency Act of 2006, Pub. L. 109-282. The City shall obtain a Data Universal Numbering System
Number and shall register with the System for Award Management, and maintain such registration while the
Certificates are outstanding.
Section 9.14: American Iron and Steel Requirement. The City will abide by all applicable
construction contract requirements related to the use of iron and steel products produced in the United States, as
required by the 2014 Federal Appropriations Act and related State Revolving Fund Policy Guidelines.
Section 9.15: Additional Covenants Related to Tax-Exempt Status.
(a) The City will not use any portion of the proceeds of the Certificates in a manner that would cause
Regulations.
(b) No portion of the proceeds of the Certificates will be used, directly or indirectly, in a manner that
Regulations, including to acquire or to replace funds which were used, directly or indirectly to acquire
Nonpurpose Investments (as defined in the Code and Regulations) which produce a yield materially higher than
e Investments acquired with:
(1)
period of up to three (3) years after the issue date of the Source Series Bonds until such proceeds are
needed for the facilities to be financed;
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(2) amounts invested in a bona fide debt service fund, within the meaning of Section 1.148-
1(b) of the Regulations; and
(3) amounts deposited in any reasonably required reserve or replacement fund to the extent
such amounts do not exceed the least of the maximum annual debt service on the Certificates, 125% of
the average annual debt service on the Certificates, or 10% of the stated principal amount (or, in the case
of a discount, the issue price) of the Certificates.
(c) Neither the City nor a related party thereto wi
an amount related to the amount of the Certificates.
.
ARTICLE X
MISCELLANEOUS
Section 10.1: Defeasance. The City may defease the provisions of this Ordinance and discharge its
obligations to the Registered Owners of any or all of the Certificates to pay the principal of and interest thereon
in any manner now or hereafter permitted by law, including by depositing with the Paying Agent/Registrar, a
trust company or commercial bank other than the Paying Agent/Registrar, or with the Comptroller of Public
Accounts of the State of Texas either:
(a) cash in an amount equal to the principal amount of such Certificates and premium, if any, and
interest thereon to the date of maturity or redemption; or
(b) pursuant to an escrow or trust agreement, cash and/or (i) direct noncallable obligations of United
States of America, including obligations that are unconditionally guaranteed by the United States of America;
(ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are
unconditionally guaranteed or insured by the agency or instrumentality and that are rated as to investment
noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state
that have been refunded and that are rated as to investment quality by a nationally recognized investment rating
s equivalent, which, in the case of (i), (ii) or (iii), may be in book-entry form, and
the principal of and interest on which will, when due or redeemable at the option of the holder, without further
investment or reinvestment of either the principal amount thereof or the interest earnings thereon, provide
money in an amount which, together with other moneys, if any, held in such escrow at the same time and
available for such purpose, shall be sufficient to provide for the timely payment of the principal of and interest
thereon to the date of maturity or earlier redemption;
provided, however, that if any of the Certificates are to be redeemed prior to their respective dates of maturity,
provision shall have been made for giving notice of redemption as provided in this Ordinance. Upon such
deposit, such Certificates shall no longer be regarded to be Outstanding or unpaid. Any surplus amounts not
required to accomplish such defeasance shall be returned to the City.
Section 10.2: Ordinance a Contract - Amendments. This Ordinance shall constitute a contract with
the Registered Owners from time to time, be binding on the City, and shall not be amended or repealed by the
City so long as any Certificate remains Outstanding except as permitted in this Section. The City may, without
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the consent of or notice to any Registered Owners, from time to time and at any time, amend this Ordinance in
any manner not detrimental to the interests of the Registered Owners, including the curing of any ambiguity,
inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Registered
Owners who own in the aggregate 51% of the principal amount of the Certificates then Outstanding, amend,
add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Registered
Owners of Outstanding Certificates, no such amendment, addition, or rescission shall (i) extend the time or
times of payment of the principal of and interest on the Certificates, reduce the principal amount thereof, the
redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the
principal of or interest on the Certificates, (ii) give any preference to any Certificate over any other Certificate,
or (iii) reduce the aggregate principal amount of Certificates required to be held by Registered Owners for
consent to any such amendment, addition, or rescission.
Section 10.3: Legal Holidays. In any case where the date interest accrues and becomes payable on
the Certificates or principal of the Certificates matures or the date fixed for redemption of any Certificates or a
Record Date shall be in the City a Saturday, Sunday, legal holiday or a day on which banking institutions are
authorized by law to close, then payment of interest or principal need not be made on such date, or the Record
Date shall not occur on such date, but payment may be made or the Record Date shall occur on the next
succeeding day which is not in the City a Saturday, Sunday, legal holiday or a day on which banking
institutions are authorized by law to close with the same force and effect as if (i) made on the date of maturity or
the date fixed for redemption and no interest shall accrue for the period from the date of maturity or redemption
to the date of actual payment or (ii) the Record Date had occurred on the fifteenth calendar day of that month.
Section 10.4: Power to Revise Form of Documents. Notwithstanding any other provision of this
Ordinance, the Mayor is hereby authorized to make or approve such revisions, additions, deletions, and
variations to this Ordinance and in the form of the documents attached hereto as exhibits as, in the judgment of
the Mayor, and in the opinion of Bond Counsel to the City, may be necessary or convenient to carry out or
assist in carrying out the purposes of this Ordinance, the Preliminary Official Statement, the final Official
Statement, or as may be required for approval of the Certificates by the Attorney General of Texas; provided,
however, that any changes to such documents resulting in substantive amendments to the terms and conditions
of the Certificates or such documents shall be subject to the prior approval of the City Council.
Section 10.5: No Recourse Against City Officials. No recourse shall be had for the payment of
principal of or interest on any Certificates or for any claim based thereon or on this Ordinance against any
official of the City or any person executing any Certificates.
Section 10.6: Further Proceedings. The Mayor, Mayor Pro-Tem, City Secretary and other
appropriate officials of the City are hereby authorized and directed to do any and all things necessary and/or
convenient to carry out the terms of this Ordinance.
Section 10.7: Severability. If any Section, paragraph, clause or provision of this Ordinance shall for
any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such Section, paragraph,
clause or provision shall not affect any of the remaining provisions of this Ordinance.
Section 10.8: Open Meeting. It is hereby found, determined and declared that a sufficient written
notice of the date, hour, place and subject of the meeting of the City Council at which this Ordinance was
adopted was posted at a place convenient and readily accessible at all times to the general public at City Hall for
the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
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Government Code, and that this meeting has been open to the public as required by law at all times during
which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon.
The City Council further ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 10.9: Repealer. All orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are hereby repealed to the extent of such inconsistency.
Section 10.10: Effective Date. This Ordinance shall be in force and effect from and after its
passage on the date shown below.
\[Signature page follows.\]
22
HOU:3746876.1
DULY PASSED AND APPROVED this the 23rd day of January, 2017.
______________________________________
Mayor
ATTEST:
__________________________________________
City Secretary
APPROVED AS TO FORM AND CONTENT:
_________________________________________
City Attorney
S-1
HOU:3746876.1
EXHIBIT A
FORM OF CERTIFICATE
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF LA PORTE, TEXAS,
CERTIFICATE OF OBLIGATION
SERIES 2017
NUMBER DENOMINATION
1
R-$________________
REGISTERED REGISTERED
222
INTEREST RATE: ISSUANCE DATE: MATURITY DATE: CUSIP:
% October 20, 2017 March 15, ____
DATED DATE: February 1, 2017
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
value received, hereby promises to pay to the Registered Owner identified above or its registered assigns, on the
Maturity Date specified above (or on earlier redemption as herein provided), upon presentation and surrender of
this Certificate at the principal corporate trust office of Amegy Bank, a division of ZB, National Association, or
not have been paid or deemed to have been paid upon prior redemption) payable in any coin or currency of the
United States of America which on the date of payment of such principal is legal tender for the payment of
debts due to the United States of America, and to pay interest thereon at the rate shown above, calculated on a
basis of a 360-day year composed of twelve 30-day months, from the later of the Issuance Date identified above
3
or the most recent interest payment date to which interest has been paid or duly provided for. Interest on this
1
Initial Certificate shall be numbered T-1.
2
Omitted from initial Certificate.
3
The first sentence of the initial Certificate shall read as follows:
to pay to the Registered Owner identified above or its registered assigns, on March 15 of each of the years and in the principal
amounts set forth in the following schedule: \[Insert information regarding years of maturity, principal amounts and interest rates from
Section 3.3 of the Ordinance.\] (or on earlier redemption as herein provided), upon presentation and surrender of this Certificate at the
or deemed to have been paid
upon prior redemption) payable in any coin or currency of the United States of America which on the date of payment of such
principal is legal tender for the payment of debts due to the United States of America, and to pay interest thereon at the rate shown
A-1
HOU:3746876.1
Certificate is payable on September 15, 2017, and each March 15 and September 15 thereafter until maturity or
earlier redemption of this Certificate, by check sent by United States mail, first class, postage prepaid, by the
Paying Agent/Registrar to the Registered Owner of record as of the close of business on the fifteenth calendar
day of the month immediately preceding the applicable interest payment date, as shown on the registration
books kept by the Paying Agent/Registrar. Any accrued interest payable at maturity or earlier redemption shall
be paid upon presentation and surrender of this Certificate at the principal corporate trust office of the Paying
Agent/Registrar. Notwithstanding the foregoing, while the Certificates are held by the Texas Water
federal funds wire transfer, at no cost to the Purchaser, to an account at a financial institution located in the
United States designated by the Purchaser.
THIS CERTIFICATE IS ONE OF A DULY AUTHORIZED SERIES OF CERTIFICATES (the
of $10,635,000 issued pursuant to an ordinance adopted by the
funds to pay contractual obligations to be incurred for the construction of public works and the purchase of
materials, supplies, equipment, machinery, buildings, land and rights-of-way for authorized needs and purposes
and for the payment of contractual obligations for professional services, to wit (i) improvements and extensions
to
professional services rendered in connection with the above listed projects.
THE CITY RESERVES THE RIGHT, at its option, to redeem, prior to their maturity, Certificates
maturing on or after March 15, 2028, in whole or in part, in inverse order of maturity, on March 15, 2027, or
any date thereafter, at par plus accrued interest to the date fixed for redemption.
THE CERTIFICATES MAY BE REDEEMED IN PART only in integral multiples of $5,000. If a
Certificate subject to redemption is in a denomination larger than $5,000, a portion of such Certificate may be
redeemed, but only in integral multiples of $5,000. In selecting portions of Certificates for redemption, each
Certificate shall be treated as representing that number of Certificates of $5,000 denomination which is obtained
by dividing the principal amount of such Certificate by $5,000. Upon surrender of any Certificate for
redemption in part, the Paying Agent/Registrar, in accordance with the provisions of the Ordinance, shall
authenticate and deliver in exchange therefor a Certificate or Certificates of like maturity and interest rate in an
aggregate principal amount equal to the unredeemed portion of the Certificate so surrendered.
NOTICE OF ANY SUCH REDEMPTION, identifying the Certificates or portions thereof to be
redeemed, shall be sent by United States mail, first class, postage prepaid, to the Registered Owners thereof at
their addresses as shown on the books of registration kept by the Paying Agent/Registrar, not less than thirty
(30) days before the date fixed for such redemption. By the date fixed for redemption, due provision shall be
made with the Paying Agent/Registrar for the payment of the redemption price of the Certificates called for
redemption. If such notice of redemption is given, and if due provision for such payment is made, all as
provided above, the Certificates which are to be so redeemed thereby automatically shall be redeemed prior to
their scheduled maturities, they shall not bear interest after the date fixed for redemption, and they shall not be
regarded as being outstanding except for the purpose of being paid with the funds so provided for such
payment.
above, calculated on a basis of a 360-day year composed of twelve 30-day months, from the later of the Issuance Date identified
above or the most recent interest payment date to which interest has been paid or duly provided for.
A-2
HOU:3746876.1
THIS CERTIFICATE IS TRANSFERABLE only upon presentation and surrender at the principal
corporate trust office of the Paying Agent/Registrar, accompanied by an assignment duly executed by the
Registered Owner or its authorized representative, subject to the terms and conditions of the Ordinance.
THIS CERTIFICATE IS EXCHANGEABLE at the principal corporate trust office of the Paying
Agent/Registrar for a Certificate or Certificates of the same maturity and interest rate and in the principal
amount of $5,000 or any integral multiple thereof, subject to the terms and conditions of the Ordinance.
THE PAYING AGENT/REGISTRAR is not required to accept for transfer or exchange any Certificate
called for redemption, in whole or in part, during the forty-five (45) day period immediately prior to the date
fixed for redemption; provided, however, that such limitation shall not apply to the transfer or exchange by the
Registered Owner of an unredeemed portion of a Certificate called for redemption in part.
THE CITY OR PAYING AGENT/REGISTRAR may require the Registered Owner of any Certificate to
pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the
transfer or exchange of a Certificate. Any fee or charge of the Paying Agent/Registrar for a transfer or
exchange shall be paid by the City.
THE REGISTERED OWNER of this Certificate by acceptance hereof, acknowledges and agrees to be
bound by all the terms and conditions of the Ordinance.
IT IS HEREBY DECLARED AND REPRESENTED that this Certificate has been duly and validly
issued and delivered; that all acts, conditions and things required or proper to be performed, exist and to be done
precedent to or in the issuance and delivery of this Certificate have been performed, exist and have been done in
accordance with law; that the Certificates do not exceed any constitutional or statutory limitation; and that
annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate,
as such interest comes due and such principal matures, have been levied and ordered to be levied, within the
limits prescribed by law, against all taxable property in the City and have been irrevocably pledged for such
payment, and that this Certificate is additionally secured by and payable from a pledge of the Surplus Revenues
tions
(now or hereafter outstanding) that are payable from all or a part of said revenues, all as provided in the
Ordinance.
REFERENCE IS HEREBY MADE TO THE ORDINANCE, a copy of which is filed with the Paying
Agent/Registrar, for the full provisions thereof, to all of which the Registered Owners of the Certificates assent
by acceptance of the Certificates.
THIS CERTIFICATE shall not be valid or obligatory for any purpose or be entitled to any benefit under
the Ordinance unless this Certificate is authenticated by the Paying Agent/Registrar by due execution of the
4
authentication certificate endorsed hereon.
4
In the initial Certificate, this paragraph shall read:
the Ordinance unless this Certificate is registered by the Comptroller of Public Accounts of the State of Texas by
A-3
HOU:3746876.1
IN WITNESS WHEREOF, the City has caused its corporate seal to be impressed or placed in facsimile
hereon and this Certificate to be signed by the Mayor, countersigned by the City Secretary by their manual,
lithographed or printed facsimile signatures.
CITY OF LA PORTE, TEXAS
Mayor
(SEAL)
COUNTERSIGNED:
City Secretary
A-4
HOU:3746876.1
* * *
The follo
Certificates initially delivered:
THE STATE OF TEXAS
REGISTER NO. _________
OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS
I hereby certify that this certificate has been examined, certified as to validity and approved by the
Attorney General of the State of Texas, and that this certificate has been registered by the Comptroller of Public
Accounts of the State of Texas.
WITNESS MY SIGNATURE AND SEAL OF OFFICE this _______________.
Comptroller of Public Accounts
of the State of Texas
\[SEAL\]
* * *
The following form of authentication certificate shall be printed on the face of each of the Certificates
other than those initially delivered:
AUTHENTICATION CERTIFICATE
This Certificate is one of the Certificates described in and delivered pursuant to the within-mentioned
Ordinance; and, except for the Certificates initially delivered, this Certificate has been issued in exchange for or
replacement of a Certificate, Certificates, or a portion of a Certificate or Certificates of an issue which originally
was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public
Accounts of the State of Texas.
A-5
HOU:3746876.1
AMEGY BANK, A DIVISION OF ZB, NATIONAL
ASSOCIATION,
as Paying Agent/Registrar
By:
Authorized Signature
Date of Authentication:
* * * *
FORM OF ASSIGNMENT
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto_________________
______________________________________________________________________________
(Please print or type name, address, and zip code of Transferee)
______________________________________________________________________________
(Please insert Social Security or Taxpayer Identification Number of Transferee)
the within certificate and all rights thereunder, and hereby irrevocably constitutes and appoints
_________________________________ attorney to transfer such certificate on the books kept for registration
thereof, with full power of substitution in the premises.
DATED: _____________________________
Signature Guaranteed:
Registered Owner
NOTICE: The signature above must
correspond to the name of the Registered
NOTICE: Signature must be guaranteed by a
Owner as shown on the face of this certificate
member firm of the New York Stock Exchange
in every particular, without any alteration,
or a commercial bank or trust company.
enlargement or change whatsoever.
* * * *
A-6
HOU:3746876.1
EXHIBIT B
FORM OF SPECIAL ESCROW DEPOSIT AGREEMENT
(TAB 7)
HOU:3746876.1
EXHIBIT C
TWDB RESOLUTION
(TAB 2)
HOU:3746876.1
Robert V. Henderson
Managing Director,
Phone: (210) 805-1118
Facsimile: (210) 805-1119
robert.henderson@rbccm.com
C ITY OF L A P ORTE, T EXAS
P RELIMINARY P LAN OF F INANCE
D ATED: N OVEMBER 21, 2016
I NTRODUCTION:
-term capital planning, the City has anticipated significant improvements to its
combined utility system. The City Manager, the Director of Finance
advisors,
improvements with minimal financial impact to the citizens of La Porte. Given the focus on maintaining
competitive utility rates in the area, this examination has primarily focused on the debt capacity of the General
Fund within the historical 10.5 cent Interest and Sinking Fund tax rate. The purpose of this report is to provide
the results of that analysis and to provide a formal recommendation as to a Plan of Finance to fund the needed
improvements
F INANCIAL B ACKGROUND:
Including the recently issued General Obligation Refunding Bonds Series 2016, the City of La Porte currently
has ten ad valorem property tax secured debt obligations outstanding as follows:
Original Currently Final
Issue: Amount: Outstanding: Maturity:
Certificates of Obligation, Series 2005 $1,800,000 $ 90,000 3/15/2017
General Obligation Bonds, Series 2005 7,675,000 400,000 3/15/2017
Certificates of Obligation, Series 2006 5,765,000 315,000 3/15/2017
General Obligation Bonds, Series 2006 1,200,000 140,000 3/15/2018
Certificates of Obligation, Series 2010 6,265,000 4,535,000 3/15/2026
General Obligation Ref. Bonds, Series 2010 4,295,000 1,705,000 3/15/2020
General Obligation Ref. Bonds, Series 2012 9,435,000 9,125,000 3/15/2025
General Obligation Ref. Bonds, Series 2014 9,300,000 8,310,000 3/15/2025
Certificates of Obligation, Series 2015 7,770,000 7,395,000 3/15/2030
General Obligation Ref. Bonds, Series 2016 3,165,000 3,135,000 3/15/2029
D EBT C APACITY IN THE G ENERAL F UND:
The City continues to enjoy growth in it taxable assessed valuation (TAV). However, for the purposes of this
analysis, the TAV is assumed to be the recent figure of $2.65 billion. We also assume a conservative 98.5%
collection ratio. With the savings derived from the January 2016 refunding and the rapidity of existing debt
repayment, the debt capacity within l Interest and Sinking Fund tax rate of
10.5 cents is calculated to be approximately $10,000,000 assuming a 20-year final maturity. Meaning, this debt
can be issued with no tax rate increase.
303 Pearl Parkway, Suite 220 (210) 805-1118 RBC Capital Markets
San Antonio, TX 78215 Member NYSE/SIPC
City of La Porte, Texas
November 21, 2016
Page 2
F INANCING A LTERNATIVES:
to the public markets as it did with the Series 2015 Certificates of Obligation. However, given the nature of the
utility improvements that are the focus of this financing, the City has the additional option of seeking funding
through the Texas Water Development Board (TWDB) under the Clean Water State Revolving Fund (CWSRF).
The significant advantage of this program is that the State charges below market interest rates on this program
on the basis of funds received from the Federal Government under the Clean Water Act. As a result of this
subsidy, the TWDB has estimated an interest rate on this loan of 2.5% (please keep in mind this is an estimate
provided by the TWDB prior to the Presidential election and is subject to change). Based on this interest rate
estimate, the Debt Capacity of the City is increased to approximately $10,800,000. This amount exceeds the
$10,635,000 value of the application submitted to the TWDB. It is our recommendation that the City avail itself
of this program with its subsidized borrowing rates.
C OMPLETING THE F INANCING:
City adminis
Consequently, resolutions requesting TWDB assistance and applications have already been filed and approved.
Of course, the City is not obligated pending City Council approval. Should the Council approve, the next step
would be to pass a resolution giving and authorizing publication of a Notice of Intent to issue Certificates. This
State law requires this notice be published in a newspaper of local circulation twice, the first publication being
not less than 30 prior to the Council taking action to actually issue the Certificates. Given that requirement and
the dates of the regularly scheduled City Council meetings, this indicates the action to actually sell the
Certificates cannot take place before the January 23, 2017 meeting. If approved by the Council on that date, the
issue would close in mid-February at which time the City would take delivery of the full value of borrowing
less fees and expenses.
As a reminder from previous written plans submitted to the Council, there are three generally prescribed
methods for selling public debt; Selling by competitive bid, selling on a negotiated sale basis and conducting a
private placement. Selling the Certificates of Obligation to the TWDB constitutes a private placement method.
As a result, the City will be able to avoid the costs of ratings, the preparation of public offering documents and
the expenses related to an underwriting firm. However, please be aware that the TWDB does charge a fee for
this program designed to approximate the avoided costs. It is our opinion that the subsidized interest rates more
than offsets the TWDB related fees.
T IMING:
Timing has largely been discussed above but to recap:
Council gives Notice of Intent to Issue: December 12, 2016
Council meets to approve Issuance: January 23, 2016
Anticipated Closing: February 15, 2017
S UMMARY:
303 Pearl Parkway, Suite 220 (210) 805-1118 RBC Capital Markets
San Antonio, TX 78215 Member NYSE/SIPC
City of La Porte, Texas
November 21, 2016
Page 3
The City has multiple options with respect to financing these improvements. The result of our analysis is that
the most cost effective of these alternatives is the private placement of Certificates of Obligation with the Texas
Water Development Board. Further, our analysis indicates that the City can issue and pay for this debt while,
barring unforeseen circumstances, keeping its Interest and Sinking Fund at its recently historical rate of 10.5
cents. It is our recommendation that the City proceed with the TWDB option.
303 Pearl Parkway, Suite 220 (210) 805-1118 RBC Capital Markets
San Antonio, TX 78215 Member NYSE/SIPC
City of La Porte, Texas
Debt Capacity Analysis - Interest and Sinking Fund Supported
Last Revised:12/5/2016
Base Case Study @ 10.5 Cent I & S Tax Rate
ABCDEFGHIJKLMNOPQRST
FiscalCurrently Outstanding I & S Tax Supported DebtFiscal
YearNet TaxableTotalOtherTotalProjectedProjectedPrjctdYear
EndingAssessedLT BondsCert ObligGen ObligCert ObligGen ObligCert ObligGO RefGO RefGO RefCert ObligOutstndngAvailableNetPrjctdCert ObligTotal NetTotal Ending
9-30ValuationSer 2002Ser 2005Ser 2005Ser 2006Ser 2006Ser 2010Ser 2010Ser 2012Ser 2014Ser 2015Debt ServFundsDebt ServI & SSeries 2017Debt ServI & S 9-30
2016$ 275,8052,639,625,327$ 39,824$ 404,338$ 155,949$ 72,365$ 549,619$ 349,156$ 147,289$ 241,859$ 568,539$ 2,804,742$ 75,000$ $ 0.10502,729,742
-$ 2,729,742$ 0.10502016
2017 -3,018,139,000 38,276 408,250 155,949 74,305 548,369 336,789 146,754 285,519 544,263 2,538,474 75,000
0.08292,463,474 657,500 0.10503,120,9742017
2018 -3,093,592,475 - - - 71,435 549,769 323,773 190,556 496,391 543,913 2,175,837 50,000
0.06982,125,837 676,263 0.09202,802,1002018
2019 -3,170,932,287 - - - - 548,669 309,745 283,011 665,051 543,263 2,349,739 135,000 0.07092,214,739
676,263 0.09262,891,0012019
2020 -3,170,932,287 - - - - 546,969 215,475 279,115 699,045 547,238 2,287,841 75,000
0.07082,212,841 676,263 0.09252,889,1042020
2021 -3,170,932,287 - - - - 549,569 - 773,687 473,137 545,838 2,342,231
75,000 0.07262,267,231 676,263 0.09422,943,4932021
2022 -3,170,932,287 - - - - 547,331 - 768,210 476,246 544,138 2,335,925
75,000 0.07242,260,925 676,263 0.09402,937,1872022
2023 -3,170,932,287 - - - - 545,088 - 765,345 472,199 547,062 2,329,693
75,000 0.07222,254,693 676,263 0.09382,930,9562023
2024 -3,170,932,287 - - - - 546,591 - 758,976 473,419 544,612 2,323,598
75,000 0.07202,248,598 676,263 0.09362,924,8612024
2025 -3,170,932,287 - - - - 546,700 - 752,878 253,062 546,788 2,099,428
75,000 0.06482,024,428 676,263 0.08652,700,6912025
2026 -3,170,932,287 - - - - 545,700 - - - 545,255 1,090,955
75,000 0.03251,015,955 676,263 0.05421,692,2182026
2027 -3,170,932,287 - - - - - - - - 988,937 988,937
- 0.0317988,937 676,263 0.05331,665,2002027
2028 -3,170,932,287 - - - - - - - - 986,062 986,062
- 0.0316986,062 676,263 0.05321,662,3252028
2029 -3,170,932,287 - - - - - - - - 985,250 985,250
- 0.0315985,250 676,263 0.05321,661,5132029
2030 -3,170,932,287 - - - - - - - - 710,500 710,500
- 0.0227710,500 676,263 0.04441,386,7632030
2031 -3,170,932,287 - - - - - - - - - -
- -- 676,263 0.0217676,2632031
2032 -3,170,932,287 - - - - - - - - - -
- -- 676,263 0.0217676,2632032
2033 -3,170,932,287 - - - - - - - - - -
- -- 676,263 0.0217676,2632033
2034 -3,170,932,287 - - - - - - - - - -
- -- 676,263 0.0217676,2632034
2035 -3,170,932,287 - - - - - - - - - -
- -- 676,263 0.0217676,2632035
2036 -3,170,932,287 - - - - - - - - - -
- -- 676,263 0.0217676,2632036
$ 78,100275,805$ 812,588$ 311,897$ 218,105$ 6,024,372$ 1,534,938$ 4,865,821$ 4,535,928$ 9,691,658$ 28,349,212$ $ 27,489,212$ 13,506,488$ 40,995,700
Notes:1. Assumed current tax rate collection ratio is 98.5%
2. Using $2,650,000,000 Assessed Value for FYE 2016; assumes a growth rate of 2.5% per year for 4 years; at 0% thereafter.
3. Series 2017 Debt Service figures are based on a $10,635,000 issue with a 20 year debt structure assuming 2.5% .
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
January 23, January 23, AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
20172017
Source of Source of
015 General Fund015 General Fund--032 CDBG Grant032 CDBG Grant
Funds:Funds:
Don PennellDon Pennell
Requested By:
Account Account
Public WorksPublic Works
Department:
015.9892.700.9150/015.9892.665.1100/032.9892.530.1100015.9892.700.9150/015.9892.665.1100/032.9892.530.1100
Number:Number:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Amount
Other:$100,000/$160,000/$572,000$100,000/$160,000/$572,000
Budgeted:Budgeted:
Amount Amount
Attachments :
$54,612/$10,000/$538,888$54,612/$10,000/$538,888
Requested:Requested:
1.Bid Tabulation
Budgeted Budgeted
2.Bid RecommendationBid Recommendation YESYESNONO
Item:Item:
3.Access Report
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
LPISD Historic Colored School Reconstruction Phase 2 Rebid consists of redesign, renovate, and expand the existing LPISD Historic Colored School Reconstruction Phase 2 Rebid consists
of redesign, renovate, and expand the existing
approximately 1,120 square foot former school building , bring it up to current code, and adding 720 square feet to the approximately 1,120 square foot former school building , bring
it up to current code, and adding 720 square feet to the
building. This project was approved for funding by Harris County on March 31, 2015 from funds allocated by the United building. This project was approved for funding by Harris County
on March 31, 2015 from funds allocated by the United
States Department of Housing Community Development Block Grant Program (CDBG). Additional funding was approved by States Department of Housing Community Development Block Grant Program
(CDBG). Additional funding was approved by
City Council 2015 CIP budget and the 2017 CIP contingency. City Council 2015 CIP budget and the 2017 CIP contingency.
To date there are approximately $183,112.00 in expenditures and encumbered expenses from the CDBG grant and the To date there are approximately $183,112.00 in expenditures and encumbered
expenses from the CDBG grant and the
2015 CIP budget for design, research, demolition, geotechnical evaluation, grant management etc. 2015 CIP budget for design, research, demolition, geotechnical evaluation, grant management
etc.
Bid #17002 Bid #17002-- LPISD Historic Colored School Reconstruction Phase 2 Rebid was advertised on October 27 & November 3, LPISD Historic Colored School Reconstruction Phase 2 Rebid
was advertised on October 27 & November 3, LPISD Historic Colored School Reconstruction Phase 2 Rebid was advertised on October 27 & November 3, LPISD Historic Colored School Reconstruction
Phase 2 Rebid was advertised on October 27 & November 3,
2016 in the Bay Area Observer, posted on Public Purchase and the city2016 in the Bay Area Observer, posted on Public Purchase and the citys website. 93 vendors downloaded the bid package.
s website. 93 vendors downloaded the bid package.
Bid #17002 was opened and read on December 6, 2016, seven bids were received. Portfolio Builders submitted the low bid Bid #17002 was opened and read on December 6, 2016, seven bids
were received. Portfolio Builders submitted the low bid
at $603,500.00 which includes the base bid ($599,000.00) and extra work items ($4,500.00). The extra work item is to reat $603,500.00 which includes the base bid ($599,000.00) and extra
work items ($4,500.00). The extra work item is to re
construct wooden windows for the building. The Design Architect is recommending award of bid to Portfolio Builders. construct wooden windows for the building. The Design Architect
is recommending award of bid to Portfolio Builders.
Benefits:
Development of historic site in La Porte promoting tourism and visitors. Development of historic site in La Porte promoting tourism and visitors.
Liabilities:
Annual building & grounds maintenance.Annual building & grounds maintenance.
Operating Costs:
Costs will increase as building and grounds age.Costs will increase as building and grounds age.
Action Required of Council:Action Required of Council:
Consider approval or other action to award Bid #17002 to Portfolio Builders., for the LPISD Historic Colored School Consider approval or other action to award Bid #17002 to Portfolio
Builders., for the LPISD Historic Colored School
Reconstruction Phase 2 Rebid and authorize the City Manager to enter into a construction contract in the amount of Reconstruction Phase 2 Rebid and authorize the City Manager to enter
into a construction contract in the amount of
$603,500.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
BIDTABULATION
BID17002LPISDHISTORICCOLOREDSCHOOLRECONSTRUCTIONPHASE2REBID
DUE:December6,2016AT2:00P.M.
GeneralContractor
DescriptionServices,Inc.AmersonConstructionPortfolioBuilders
ReconstructionfortheLPISDhistoriccoloredschool
Perplansandspecifications
LumpSumTotal$708,579.00$687,000.00$599,000.00
ExtraWorkItems
Reconstructwoodwindows includedinbaseBid
UnitPrice$1,500.00$800.00$4,500.00
BidBondYesYesYes
AcknowledgeofAddendaYesYesYes
Ms. Cherell Daeumer, CPPB08 December 2016
Purchasing Manager
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Re: #17002 LPISD Historic Colored School Phase 2 Rebid
Ms. Daeumer:
I have received the tabulation of the bids received 06December2016 for the Phase 2
portion of the LPISD Historic Colored School – City of La Porte Project #17002. I have
reviewed the proposal submitted by Portfolio Builders, Inc., the low bidder, and spoken
briefly with Christian Frisch, the proposed project manager. The firms appears well
qualified to perform the work. Assuming their proposal is responsive to and in
compliance with the bidding criteria established by the City and the bid amount of
$599,000.00 is within the budget limitations of the project, it is our recommendation
that the City enter into an agreement with Portfolio Builders, Inc. for the work.
Should you have any questions, Please do not hesitate to contact me.
Regards,
Richard P. Hollington II, Principal
Access Report
AgencyCity of La Porte (TX)
Bid Number17002
Bid TitleLPISD Historic ColoredSchool Reconstruction Phase 2 Rebid
VendorNameAccessedFirstTimeDocuments
Cadence McShane Construction LLC2016-10-20 06:09 PM CDT
MLG Construction2016-10-21 11:28 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Koasati Construction Management, LL2016-11-08 10:13 AM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Sage Commercial Group2016-10-25 08:56 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
iSqFt2016-10-21 12:22 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Charter Communications2016-10-23 11:51 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
AAR Incorporated2016-11-02 04:43 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Hearn Company2016-10-21 11:24 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
The Bid Calendar2016-11-18 02:33 PM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Triumph Cabling Services2016-10-24 09:03 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Aziaa Corp2016-10-25 03:15 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Onvia2016-10-20 06:01 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
TBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
LMC Corporation 2016-10-20 05:10 PM CD
Dodge Data & Analytics2016-10-21 05:03 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
D. H. Griffin of Texas, Inc.2016-10-21 10:54 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Lloyd D. Nabors Demolition2016-10-21 08:10 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
BidClerk2016-10-20 10:46 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Mitchell Construction Company, Inc.2016-10-20 05:09 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Portfolio Builders, Inc.2016-12-06 09:18 AM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Scogin, John2016-11-18 09:45 AM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Emerson Construction Company , Inc2016-10-21 08:10 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Lee Construction and Maintenance2016-10-21 08:38 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
M.J. Boyle General Contractor, Inc.2016-10-21 03:50 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
y2016-10-21 12:41 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Grant Mackay Compan
Perkens WS Corporation2016-10-24 04:18 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
GP Industrial Contractors, Inc.2016-11-21 11:10 AM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
CZS DEVELOPERS LLC2016-10-21 08:08 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
SparkleBlast2016-10-21 08:51 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Rains construction2016-10-24 08:28 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
CMD Group2016-11-03 08:44 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Sam Anderson Pvt Ltd2016-10-20 09:54 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Durba Construction2016-11-11 01:41 PM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Blackmon Mooring of Texas, Inc.2016-10-21 08:53 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
CROWNHILL BUILDERS, INC2016-11-09 09:45 AM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Vaquero Group LLC2016-10-31 01:34 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Hendee Enterprises 2016-10-21 08:52 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
global soft inc2016-10-27 03:18 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Complex Contracting Inc.2016-10-25 09:42 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Urbanovsky Advanced Construction, L2016-10-21 09:12 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
iSqFt and Houston AC2016-11-03 12:41 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Ultimate Roofing Systems2016-10-24 10:42 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
DDA2016-11-15 10:55 AM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Glynn's Contracting Service2016-10-20 07:09 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
TBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
North America Procurement Council2016-10-22 03:31 AM CD
Curran Contracting Company2016-11-15 01:01 PM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Hudson Building Systems2016-10-24 09:53 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Teamwork Cnstruction2016-12-01 11:15 AM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Brannan Paving Co., Ltd2016-10-21 08:07 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Davenport Construction2016-10-20 05:32 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
aztec remodeling &landscaping comp2016-10-23 05:49 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
ZGL Engineering Services, Inc. DBA Z2016-10-20 05:46 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Dodge Data & Analytics2016-11-29 02:25 PM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
GrantWorks2016-10-21 01:07 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Grand Cayon Minority Contractors As2016-11-17 08:22 AM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
TBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
General Contractor Services, Inc.2016-10-21 02:32 PM CD
Amerson Construction LLC2016-11-29 10:43 AM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
CERK Security2016-10-31 01:41 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
ceaserlandscaping2016-10-20 07:06 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Construction Market Data2016-12-07 09:33 AM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
The Blue Book Building & Constructio2016-10-27 04:00 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Slate Construction, LLC2016-11-28 03:23 PM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Jerdon Enterprise, L.P.2016-11-16 06:02 PM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
smith painting solutions2016-11-16 05:08 PM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Stoddard Construction Management I2016-10-21 02:08 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Amphibio Technologies2016-11-16 04:15 PM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
TBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
O'Haver Contractors2016-10-21 08:00 AM CD
Ausmis Inc2016-10-21 02:13 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Lindsay Circle, LLC2016-10-26 10:32 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Construction Software Technologies2016-11-07 06:37 AM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Braun Intertec2016-10-31 02:14 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Lappe Construction Inc2016-11-18 11:39 AM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
North Star Services2016-12-08 06:37 PM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
iSqFt / AGC Houston2016-11-11 02:16 PM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
IMS2016-10-21 10:53 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
El Dorado Services Inc.2016-10-26 06:47 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Smith & Company Architects2016-10-24 08:36 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Smith & Company Architects2016-10-21 08:16 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
PRC Environmental, Inc.2016-10-21 08:17 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
DAE & Associates, LTD2016-12-05 11:05 AM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
ASD Consults, Inc.2016-10-21 01:55 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Axis Builders2016-11-29 10:34 AM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
c2016-11-21 01:00 PM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
amerson construction ll
Joe Funk Construction2016-10-21 10:29 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Dodge Data & Analytics2016-11-29 02:19 PM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
joshua dade contractors2016-10-25 07:44 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
ILCOR Builders2016-10-21 12:50 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Reed Construction Data2017-01-10 03:30 PM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
BIO-WEST, Inc.2016-11-16 10:42 AM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Patak Construction, Inc.2016-10-21 03:44 PM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Double T Construction Inc. 2016-10-21 07:43 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
McGraw-Hill Construction DODGE/Mc2016-11-21 01:24 AM CSTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Tukmol General Contractor2016-10-21 03:25 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
TBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
Maguire Iron, Inc.2016-12-01 01:15 PM CS
Cherry Companies2016-10-21 09:33 AM CDTBid 17002 LPISD Historic Colored School Reconstruction Phase 2 Rebid Fi
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: January 23, 2017
Source of Funds: General Fund
Requested By: Corby D. Alexander
Account Number: Contingency
Department: Administration
Amount Budgeted: $0
Report: Resolution: Ordinance:
Amount Requested: $10,000
Exhibits: Letter for Bay Area Coastal Protection Alliance
Budgeted Item: No
Exhibits: Space City Film Proposal
SUMMARY & RECOMMENDATION
After Hurricane Ike, there were many discussions about the best way to protect the communities
along Galveston Bay from storm surge. Some of the concepts would prove to be very detrimental
to some communities, La Porte included. In an effort to promote a solution that would protect all
of the communities along the Bay, the Bay Area Coastal Protection Alliance (BACPA)
commissioned a video advocating for the construction of the Ike Dike. This would be the second
video produced by BACPA. This video will be geared to encourage state and federal legislatures
to take action. The concept of the coastal spine to suppress storm surge is among a number of
competing alternatives that are vying for federal funds for the necessary engineering and
environmental design, as well as ultimate construction.
This video has been used in numerous venues to ensure that the Ike Dike concept remains a viable
alternative and remains competitive for the limited amount of funding and resources available for
storm surge protection. The video itself is quite dated at this point and BACPA is moving forward
with plans to update and revamp it. BACPA is asking key stakeholders to assist in funding the
update.
The total cost of updating the video is $61,770 and La Porte has been asked to participate in
funding a portion of the cost for the new video.If Council is interested in providing funding for
this effort, staff recommends funding up to $10,000 of the production cost.
Action Required by Council:
Consider approval or other action to provide funding to the Bay Area Coastal Protection Alliance
for the production of new video to promote a coastal spine (ie the Ike Dike).
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
BayAreaCoastalProtectionAlliance
P.O.Box58724,Houston,Texas77258-8724Phone:832.536.3255Fax:832.536.3258
October27,2017
DearFriends,
BayAreaCoastalProtectionAlliance(BACPA)isanonprofitcorporationorganizedin
October2014underthelawsoftheStateofTexas.Thepurposeofourorganizationis
tofacilitateresearchandstudiesregardingalternativesprovidingprotectionfromhurri-
caneandotherstormsurgeintheGulfCoastregion,toprovideinformationandre-
sourcestoeducatethepublicabouttheeconomic,security,andpublicsafetybenefitsof
suchalternatives,andtocarryonothercharitable,scientific,literaryoreducationalac-
tivitieswithinthemeaningofSection501(c)(3)oftheInternalRevenueCodeof1986,
asamended.
ThecurrentfocusofBACPAisraisingthenecessaryfundstosupportandcompletethe
“IkeDike”researchandeconomicimpactstudythatisalreadyunderwaywithDr.Wil-
liamMerrellofTexasA&MGalvestonastheprincipalinvestigator.Dr.Merrell,islead-
ingthemostnotedexpertsinthisfieldincludingDelftUniversityofTechnologyinthe
Netherlands,theDept.ofHomelandSecurity’sCoastalHazardsCenter,JacksonState
University,economistRichardGilmoreattheUniversityofHouston’sC.T.BauerCol-
legeofBusinessandotherstocompletethisfar-reachingstudy.Theresultsofthisef-
fortarealreadyprovingthefeasibilityofsucharegionalsurgeprotectionaswellasthe
nationalimpactandcostofnotprotectingourcoastalregionfromfuturedisasters.
In2015,BACPAfundedaneducationalvideo,producedbySpaceCityFilms,thathas
nowgoneviralandhashadover200,000“hits.”Thevideocanbeviewedat
http://www.tamug.edu/ikedike/.Muchhasbeenaccomplishedsincethisvideowascom-
pletedanditisnowtimetobringeveryoneuptodatewithanewmediapiecetoshare
thisinformationandhelpeducatethegeneralpublicanddecisionmakersonthematter.
Attachedistheproposalforsuchavideothatwearenowraising$61,770tosupport.
ItwasdevelopedbySpaceCityfilminconsultationwithDr.Merrellandhiscolleagues.
Wehopeyouwilljoinusinthisefforttheraisethenecessaryfunds.
Sincerely,
FredellPollakRosen,President
Texas A&M University Galveston
Ike Dike Ship Channel Protection
Program Treatment
The Proposal
This proposed program treatment is submitted in response to a request from the Center for Texas
Beaches and Shores to create a short film that informs and educates the viewer about the danger of
storm surge, flooding, and runoff to the Port of Houston as a result of storms and hurricanes, and how
the Ike Dike will mitigate the risks to property, commerce and human life.
Working in cooperation with the Center for Texas Beaches and Shores and Texas A&M University -
Galveston, Space City Films will provide the creative and production resources needed to design,
develop, and produce a professional, broadcast-quality high definition video program that achieve the
established objectives.
The program will address two primary audiences: The first is Texas state representatives, urging them
to add their name to the growing list of Ike Dike supporters to push for federal aid. The second
primary audience is representatives on a national level, with the intent of demonstrating the federal
governmentÈs crucial role in the construction of the Ike Dike.
Audience Profile
The primary State audience consists of 142 males and 36 females, fairly evenly divided through the
ages of 35 and 65, with the highest concentration in their late fifties. The majority of the members are
white, with an additional 63 minority members. All but 11 members have a BachelorÈs degree or
higher.
The primary National audience consists of the Senate and House of Representatives, whose average
age is 57 and 61, respectively. The overwhelming majority of both are college educated. Of the 441
members, 102 are minorities. There are 108 women.
The secondary audience consists of residents and businesses along the upper Texas Gulf Coast,
chambers of commerce, insurance companies, bankers, investors, and developers.
Communications Objectives
Purpose
The purpose of these programs is to capture the viewersÈ attention and provide a solid explanation of
the Coastal Spine concept and why it is necessary to protect the Port of Houston. The program will
engage and inform the target audience in a dramatic, interesting manner, present the potentially
disastrous scenario, and motivate them to take action in favor of the Coastal Spine. At the end of the
program, the audience will come away with knowledge and understanding of the very real threat of
storm surge, knowledge of the leading solution, and a sense of urgency to prevent catastrophe.
Key Messages
The film will include content about the many businesses and refineries in the Port, its extensive
import/export function, and the many nationwide effects that will be felt by its potential destruction.
There will be a description of the Coastal Spine as a preventative solution for protecting the Port;
specifically focused on the Ike Dike component.
The Texas coastal region is one of the fastest-growing coastal regions in the United States - one in
every four Texans lives along the Gulf Coast. Most residents are not aware of the risks associated with
living along the coast.
Texas has sixteen major ports and more than 3,300 miles of bays and estuaries.
The area made up of Galveston, Harris, and Chambers Counties is one of the most flood-prone areas
of the United States.
The Port of Houston produces a large percentage of import, chemical, and manufacturing activity in
the United States, and has an economic impact of billions of dollars annually.
A direct hit of a major storm and the resulting storm surge could potentially destroy business,
refineries, and specialty chemical plants along the Houston Ship Channel and Port of Houston à a
catastrophic loss that could cripple the U.S. economy.
A storm is coming: 4,000 day drought. We have passed the 8-year tipping point.
Description of the Coastal Spine as a proven, economically viable solution.
Storm damage prevention is cheaper than repair.
The elderly and poor are especially vulnerable and disproportionately affected by catastrophic
weather.
The construction of the Coastal Spine creates jobs and protects existing ones.
The Coastal Spine is cheaper than the response aid that went to New York for Hurricane Sandy and
New Orleans for Hurricane Katrina, and would protect a larger population and infrastructure.
Specific State Messages:
The federal government must pay the majority of the construction costs as part of a non-partisan effort
to save lives, the economy, and the region.
The Coastal Spine concept has widespread support from coastal cities, organizations, counties,
industry unions, and advocacy groups à all of which make up the voter constituency.
The Coastal Atlas tool provides evidence of the potential billions of dollars in damage if the area is left
unprotected.
The Army Core of Engineers is moving too slowly to make meaningful change.
Specific National Messages:
After Hurricane Katrina, the U.S. Government provided $16 Billion in Federal funding to rebuild the
levees and build a coastal spine.
After Super Storm Sandy, the U.S. Government provided $5 Billion in Federal funding.
After Hurricane Ike, the U.S. Government has provided ZERO funding to date, even though the
population density along the upper Texas coast is one of the largest in the country, and the Gulf of
Mexico and Houston Ship Channel are at extremely high risk if another storm of IkeÈs size were to hit.
And it à it is just a matter of time.
Protecting the Port of Houston is a matter of national security as the majority of weapon and aircraft
related fuels and chemicals are produced here.
Damage to the Port and Ship Channel will result in a potential nationwide economic catastrophe.
Industries in congressional districts across the country will be negatively impacted.
The Ike Dike has the full support of the Texas legislature and constituency.
The Creative Concept
Length
The programs will be approximately eight to ten minutes long.
Look and Feel
The film will include a dramatic introductory scenario, high-end motion graphics and animations,
green screen composites, enhanced reality scenarios, and imagery recorded on location and in-studio.
Images shall be crisply lit, meticulously composed, and interesting to view. The pace will be dramatic
and serious, but will not idle or move slowly. Quick editing and a pointed message will keep the
viewer interested. All graphics and animation will be bright, clean, and have a legible, stylish look
that incorporates special effects to augment the images.
The Production Approach
Our goal in planning the production of this program is to create a visual and verbal message that
communicates urgency and the danger of a potential storm surge, and the importance of the Coastal
Spine.
The project will be shot on location in the greater Houston and Galveston areas. Program location
components will be recorded in 4K Ultra High Definition video in a 16x9 widescreen format.
Supplemental b-roll and historic footage will complement the captured imagery to demonstrate the
reality of failed storm suppression.
Program Outline
I. Program Open
A. Cinematic intro of executives and plant workers preparing for a storm
B. News segment describes most severe storm in history
C. The two men cross paths and deal with the damaged plantÈs effect on their job à representing
both the common man/civil aspect, and logistic/national industry aspect
II. Storm Legacy à Extreme Danger to Texas Gulf Coast
A. Long history of dangerous storms
B. Currently in a ÅdroughtÆ and overdue for another major storm
III. Problem à Consequences of Inaction
A. Risk to ship channel - Catastrophic consequences
B. Risk to Port of Houston
C. Risk to national economy and industry
D. Risk to human life
IV. Solution ÃCoastal Spine
A. Introduce Coastal Spine
B. Dr. Merrell
C. Explain what the Spine is (3 parts), focusing on Ike Dike component
D. Benefits of proactive protection and construction
V. Close / Call to action
A. State à Support Ike Dike concept and push to federal government
B. National à adopt proposal and fund construction.
EXHIBIT ÅAÆ
Production Specifications and Budget Proposal
The production specifications and proposed budgetare based on a proposed three-day shoot in
Galveston, the Houston Ship Channel, and the Port of Houston with a crew of five and Space City
FilmsÈ 4K ultra high definition camera package, recorded in 16x9 widescreen format. The prime crew
includes Producer, Director, Director of Photography, and Key Grip. The production specifications
also includes costs for story and script, graphics development, digital compositing and special effects,
talent, talent agent fees, music license fees, animation, motion graphics, and post-production editing
of the finished program.
Script Writing (40 hrs. @ $85/hr.) $ 3,400.00
Producer (30 hrs. @ $85/hr.) $ 2,550.00
Director (30 hrs. @ $95/hr.) $ 2,850.00
Director of Photography (30 hrs. @ $80/hr.) $ 2,400.00
Key Grip (30 hrs. @ $55/hr.) $ 1,650.00
Gaffer (30 hrs. @ $55/hr.) $ 1,650.00
Narrator (1 hr. @ $650/hr.) $ 650.00
HD Camera Package (30 hrs. @ $75/hr.) $ 2,850.00
Lights, Grip and Audio Package (30 hrs. @ $60/hr.) $ 1,800.00
Stock and Music License Fee (3 cuts @ $250/cut) $ 750.00
Recording Studio and Sound Engineer (2 hrs. @ $250.hr.) $ 500.00
Review Digitize Footage (8 hrs. @ $85/hr.) $ 680.00
Post Production Editing (50 hrs. @ $215/hr.) $ 10,750.00
Motion Graphics (16 hrs. @ $165/hr.) $ 2,640.00
Footage Encoding & Digital Files (3 hrs. @ $150/hr.) $ 450.00
Total Production Costs for Two Films (State and National) $ 35,570.00
Optional Products and Services
Below please find separate costs for resources that would add both production value and
content value if the budget allows.
Option 1 includes costs for helicopter rental and camera package for aerial photography along the
Ship Channel, Bolivar, Galveston Island, and the proposed Ike Dike site. This footage can be
leveraged across any and all current and future products.
Option 2 includes costs for travel and production expenses to shoot interviews and b-roll at two
locations - on the East Coast (travel is budgeted for the Washington DC area) and in mid-America for
potential downstream customers that would be affected by a shutdown, i.e. Goodyear or companies
that rely on product from the plants along the ship channel, lawmakers, etc. This option would be
valuable to demonstrate the impact on businesses and voters in the states and districts of national
representatives.
Option 1 - Aerial Cinematography
Helicopter, Camera Package, and Crew for Aerials $11,300.00
Total Cost for Aerials $ 11,300.00
Option 2 - Remote Location Production and Travel Budget
Production and Travel - Two Remote Locations (for National messaging) $ 14,900.00
Total Cost for Location Production and Travel $ 14,900.00
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: January 23, 2017
Source of Funds: NA
Requested By: Corby D. Alexander
Account Number: NA
Department: Administration
Amount Budgeted: NA
Report: Resolution: Ordinance:
Amount Requested: NA
Exhibits: Ordinance
Budgeted Item:
Exhibits: Property Owner Consent Form
SUMMARY & RECOMMENDATION
Council has directed staff to draft an ordinance that would impose restrictions of donation bins
within the City of La Porte. The proposed ordinance will:
Require that any collection bin be owned/operated by a bonafide charitable organization
(ie no for profit operations).
Implement an annual permitting process for any collection bin to be located in La Porte
with an associated fee of $150.
Limit each charitable organization to no more than two collection bins in the City.
Require written approval of the property owner, where collection bin is to be located.
Require that the bin owner/operator empty the bin as least weekly and that the bins are not
permitted to overflow.
Require collection bin be at least 500 feet away from any residential dwelling.
Give the City the authority to revoke permit and confiscate collection bins found to not be
in compliance with this ordinance.
Action Required by Council:
Consider approval or other action regarding ordinance regulating donation collection bins in the
City of La Porte.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO.
, OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY ADDING NEW ARTICLE VII
; PROVIDING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A
SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, donation collection bins as defined herein often overflow with dumped clothing, furniture,
appliances, rubbish and unsanitary items; and
WHEREAS, such overflow causes unsightly and unsanitary items to accumulate around the donation collection
bins, which provides a place of harborage for vermin and constitutes a possible and probable medium of
transmission of disease, and creates a potential fire hazard; and
WHEREAS, donation collection bins are often placed in walkways, drive aisles, parking areas, landscape
buffers, rights-of-way and utility easements without regard for setbacks and regulations which would prohibit
such intrusions; and
WHEREAS, such placement at times may obstruct or interfere with the view of a driver of a motor vehicle or
otherwise prevent a traveler on any street or driveway from obtaining a clear view of approaching vehicles; and
WHEREAS, such obstruction causes unnecessary risk of injury, death and damages to persons and property
while within the City; and
WHEREAS, in order to protect the public health, safety and welfare, the City Council hereby finds and declares
that donation collection bins should be permitted before placed on property in the City of La Porte.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: , of the Code of Ordinances, La Porte, Texas is hereby amended
by adding new Article VIIDonation Collection Binswhich shall hereafter read as follows:
Article VII. - Donation Collection Bins.
Sec. 34-350. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different meaning:
Charitable Organization means any entity determined by the Federal Internal Revenue Service to be a tax-
exempt organization pursuant to Section 50l(c)(3) of the Internal Revenue Code which is established for any
benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary purpose, or for the
benefit of law enforcement personnel, firefighters or other persons who protect the public safety.
City means the City of La Porte, Texas
Director and Development or his/her duly authorized representative.
Donation Collection Bin means any metal, plastic or wooden box, bin, container, trailer, accessory structure, or
similar facility located outside of an enclosed building or in a parking lot or public place, provided by a person,
organization, or collection center for the primary purpose of receiving or storing donated items including
household goods and clothing, or other salvageable personal property. The definition of donation collection bin
shall not include trailers with or without personnel to accept donations.
Operator means any charitable organization who owns, operates, manages or is otherwise in control of a
donation collection bin located in the City and who is issued a donation collection bin permit.
Recycling container means any box, building, trailer or other receptacle that is intended for use as a collection
point for the collection of recyclable material that will be subject to recycling by any person.
Sec. 34-351. Donation collection bins prohibited without permit.
(a) It shall be unlawful for any charitable organization to place or maintain, or allow to be placed or maintained,
any donation collection bin within the City of La Porte, without having first secured from the City a permit and
donation collection bin permit decal in compliance with the provisions of this Article.
(b) Any donation collection bin located within the jurisdiction of the City of La Porte that does not have a
current, valid permit and display a permit decal shall be subject to impoundment by the City. Any donation
collection bin impounded by the City shall be released to the donation collection bin owner or operator at such
time as the owner or operator secures a permit, and remits payment of an impound fee of $200.00, as well as a
daily storage fee of $20.00 for each day the donation collection bin is in City possession after impoundment. It
such cases it shall be the responsibility of the owner or operator of the donation collection bin to arrange for the
pick up and transportation of the impounded donation collection bin. Any donation collection bin left in
impoundment more than ten (10) consecutive calendar days shall be considered by the City to be abandoned by
the owner or operator of the donation collection bin.
(c) Notwithstanding any other provision of the Article, no provisions of this Article shall apply to recycling
containers.
Sec. 34-352. Authorizing or allowing unpermitted donation collection bins on real property prohibited.
2
It shall be unlawful for any person that owns, leases or is entitled to possession of real property within the City
of La Porte, to authorize or allow any donation collection bin to be placed on or remain on such real property if
the operator of the donation collection bin has not been issued a permit from the City or if the donation
collection bin does not display a valid permit decal in compliance with the provisions of this Article.
Sec. 34-353. Application for Permit.
(a) Applicants for permits under this Article shall file a written sworn application with the Planning and
Development Department. The application shall include the written authorization from the property owner
allowing the donation collection bin to be located on the property. The person receiving a permit to place or
maintain a donation collection bin must be registered to operate in the State of Texas as a charitable
organization.
(b) An applicant is limited to a maximum of two (2) permits for use in the city limits. The number of donation
collection bins allowed for each property by a permit holder shall not exceed one (1).
(c) A separate permit and application shall be required for each container regardless of the ownership thereof.
Permits issued under the provisions of this Article shall be valid only at the address stated in the permit.
(d) The property owner provides written authorization allowing the donation collection bin to be located on the
property, on a form to be provided by the City. The written consent shall acknowledge that the city shall hold
both the property owner and the charitable organization liable for violation of this Article.
(e) The annual permit fee for a donation container shall be $150.00. All permits shall expire on December 31st
of each calendar year, regardless of the date of issuance. The permit fee shall not be prorated for permits,
regardless of purchase date.
(f) Any person denied a permit shall have the right to appeal such action. In such case, the procedure to appeal
denial of issuance of a permit shall be the same for appeal of revocation of a permit, as established in Section
34-355 of this Article.
Sec. 34-354. Donation Collection Bin standards and requirements.
As a condition for the issuance of a permit and decal by the Planning and Development Department to allow a
donation collection bin to be located on property in the City, the following standards and requirements for the
use of a donation collection bin must be met:
1. The permit holder/operator shall be responsible to ensure that each donation collection bin is regularly
emptied at least once every week and not permitted to overflow to the point where the contents are visible from
the outside. The ground area immediately adjacent to the bin (within three feet of the bin on all sides) shall be
kept free of donated clothing or other debris.
2. The visual and structural integrity of the donation collection bin must be maintained continuously. Donation
collection bins shall not have structural damage, holes, or visible rust.
3
3. The placement of the donation collection bin shall not impede traffic nor visually impair any motor vehicle
operation within a parking lot, driveway or street.
4. The donation collection bin shall not be located in a required building setback, buffer yard, access easement,
drainage easement, floodplain, driveway, utility easement or fire lane.
5. A minimum of one (1) stacking or parking space per donation collection bin shall be required on-site.
6. Occupation of any parking spaces by the donation collection bin shall not reduce any required parking spaces
for the principal use on a lot.
7. The permit holder placing or maintaining the donation collection bin shall display current contact information
for the operator including street address and telephone number on the donation collection bin. This information
must be legible and clearly visible to the public.
8. The current permit decal for the specific donation collection bin must be affixed and displayed at all times on
the outside of the donation collection bin.
9. All signage shall comply with requirements established in Chapter For
the purposes of on-premises signs, signage visible on the donation collection bin shall be considered an attached
sign.
10. All donation materials must fit into and be placed inside the donation collection bin. The collection or
storage of any materials outside the donation collection bin is prohibited.
11. The donation collection bin shall be located at least 500 feet away from any residential dwelling.
12. The maximum number of donation collection bins allowed for each property shall not exceed two (2).
13. The size of each donation collection bin shall not exceed four (4) cubic yards.
14. Each donation collection bin must have an attached sign that is conspicuously located on at least 2 sides,
indicating that all donations must fit into and be placed inside the container, and that stacking of material
outside of the donation collection bin is prohibited.
15. No donation collection bin shall be permitted in a residentially zoned district or within 150 feet of a
residential zoning district unless the property on which the bin is situated is owned or leased by a governmental
entity or non-profit organization.
16. All donation collection bins must be removed from the City, or stored indoors, at least forty-eight (48)
hours before landfall of a hurricane.
17. No donation collection bin shall be placed or located on a vacant lot.
18. The permit holder must maintain general liability insurance for each donation container, at a minimum level
of $1,000,000.00, holding the city and property owner harmless.
4
Sec. 34-355. Revocation of permit.
(a) Grounds. Any permit issued hereunder shall be revoked by the Director of the Planning and Development
Department if the permit holder is in violation of any of the provisions of this Article or has knowingly made a
false material statement in the application or otherwise becomes disqualified for the issuance of a permit under
the terms of this Article.
(b) Notice. Notice of the revocation shall be given to the permit holder in writing, with the reasons for the
revocation specified in the notice, served either by personal service of such notice upon the permit holder or by
certified United States mail to their last known address. The revocation shall become effective the day
following personal service or if mailed, three (3) days from the date of mailing.
(c) Appeal; hearing. The permit holder shall have ten (10) calendar days from the date of such revocation in
which to file notice with the Director of Planning and Development of their appeal. Upon receipt of a timely
filed appeal, the Director of Planning and Development shall cause the appeal to be set for hearing before the La
Porte City Council on a date no later than thirty (30) days after the notice of appeal is received. After holding a
hearing on such revocation, the La Porte City Council shall either sustain the action of the Director of Planning
and Development Department or issue an order reinstating the permit.
(d) In the event of the filing of an appeal from a revocation issued under the provisions of this Article, then until
such appeal has been finalized, such revocation order shall be stayed.
(e) In the event a permit is revoked by City Council after an appeal hearing, the charitable organization placing
or maintaining the donation collection bin shall remove such donation collection bin from the property not later
than ten (10) days after such final decision. Any donation collection bin not removed after the ten (10) day
deadline will be immediately impounded by the City, and will be subject to an impound fee of $200.00, as well
as a daily storage fee of $20.00 for each day the donation collection bin is in City possession after
impoundment. Any donation collection bin left in impoundment more than ten (10) consecutive calendar days
shall be considered by the City to be abandoned by the owner or operator of the donation collection bin.
(f) In cases where the owner or operator of donation collection bin does not appeal a permit revocation or files
an appeal after the deadline, the donation collection bin shall be immediately impounded, and will be subject to
an impound fee of $200.00, as well as a daily storage fee of $20.00 for each day the donation collection bin is in
City possession after impoundment. Any donation collection bin left in impoundment more than ten (10)
consecutive calendar days shall be considered by the City to be abandoned by the owner or operator of the
donation collection bin.
(g) In the event the permit of any person issued under the provisions of this Article shall be revoked by the
Director of the Planning and Development Department, as provided herein, no second or additional permit shall
be issued to such person within one year of the date such permit was revoked.
Sec. 34-355. Transfer of permit prohibited.
5
No permit issued under the provisions of this Article is transferable and the authority a permit confers shall be
conferred only on the permit holder named therein.
Sec. 34-356. Maintenance and Upkeep.
The permit holder and the property owner shall be held jointly and severally liable and responsible for the
maintenance, upkeep, and servicing of the donation collection bin and clean up and removal of any donations
left on the property outside of the container. The City shall have the authority to abate nuisances and attach a
lien on any property for abatement of any violations of this Article that is deemed a public nuisance under the
procedures contained in Chapter 34, Article , of the
Code of Ordinances, City of La Porte, Texas.
Sec. 34-357. Existing donation drop boxes.
(a) Operators of existing donation collection bin shall be given written notice that they have thirty (30) days to
obtain a permit. If the operator does not apply for a permit, the operator and the property owner shall have
thirty (30) days to remove the donation collection bin.
(b) If an operator cannot be reached, a letter will be mailed to the address on the donation collection bin, if
available, and posted on the donation collection bin itself. The operator shall have thirty (30) days from the day
the letter is mailed or posted on the box.
(c) If the city removes the donation collection bin, the property owner or the operator shall be billed the removal
and storage costs, in accordance with Section 34-351 of this Article.
Sec. 34-358. Penalties.
Any person who violates any provisions of this article, upon
guilty of a misdemeanor and subject to a fine not to exceed $500. Each and every day such violation continues
shall constitute a separate offense. Neither allegation nor evidence of a culpable mental state is required for the
proof of an offense defined in this article.
Secs. 34-359---34-380. Reserved.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby
repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other
respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter
covered by this ordinance.
Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the
application to any person or circumstance for any reasons thereof ineffective or inapplicable, such
unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair
or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and
remain in full force and effect and to this end the provisions of this ordinance are declared to be severable.
6
Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of
the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to
exceed FIVE HUNDRED DOLLARS ($500.00).
Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of
the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public
at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx.
ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 6. This Ordinance shall be effective on _______________________. The City Secretary shall give
notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of
the City of La Porte at least once within ten (10) days after passage of this ordinance.
PASSED AND APPROVED this the______ day of _________________, 2017.
CITY OF LA PORTE, TEXAS
By:
Louis R. Rigby, Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
7
AUTHORIZATION BY PROPERY OWNER FOR CHARITABLE ORGANIZATION TO PLACE CITY PERMITTED
DONATION COLLECTION BIN ON PREMISES
I, ______________________________, owner of or authorized agent for
________________________________________, which owns real property located at
_____________________________________, a charitable organization, to place one (1) donation collection
bin on the Property.
The foregoing authorization is valid only so long as __________________________________ is in receipt of
and holds a valid permit issued by the City of La Porte, Texas for the placement of a donation collection bin on
the Property.
______________________________________, owner of the Property, acknowledges that it is subject to the
filing of criminal charges based on the violation of regulations promulgated under Chapter 34, Article VII of
the Code of Ordinances of the City of La Porte, Texas for the permitting, placement, and condition of donation
collection bins, and further acknowledges that each charge carries a maximum fine of $500.
Furthermore, ______________________________________ acknowledges that the City of La Porte shall have the
authority to abate nuisances associated with the display of a donation collection bin on the Property and that it may
attach a lien on the Property for abatement of any violation that is deemed a public nuisance under the procedures
City of La Porte, Texas.
__________________________________
By:
__________________________________
Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: 1-23-17
Source of Funds:
Requested By: Kenith Adcox
Account Number:
Department: Police
Amount Budgeted:
Report: X Resolution: Ordinance: X
Amount Requested:
Exhibits: Ordinance
Budgeted Item: YES NO
Exhibits: ICAC PowerPoint Presentation
SUMMARY & RECOMMENDATION
On January 25, 2010 City Council approved the addition of one Police Officer due to the
assignment of a grant funded position in which a detective would be assigned to the Houston Area
Internet Crimes Against Children (ICAC) task force.
The current incumbent of that position has submitted his retirement effective 2-28-17 after 37 years
of distinguished service.
The Police Department does not intend to replace the detective assigned to ICAC, but will continue
participating in the ICAC mission.
Due to increases in local demand for police services, the Police Department is asking City Council
to consider allowing reassignment of the position to general patrol duties. The position is already
fully funded in the 2016-2017 fiscal year budget, however, effective March 1, 2017 the City will
no longer continue receiving reimbursement from the ICAC grant.
The Department has not received additional positions for patrol officers since November 8, 1999.
At that time five (5) officers were added through COPS grant funding, and eventually absorbed
into the City budget.
Since that time, the City of La Porte’s population and demand for police services (i.e. generated
calls for service) have significantly increased, justifying the need for additional police officers.
A more detailed explanation and justification is provided in the attached presentation.
Action Required by Council:
Provide direction regarding reassignment of the detective position assigned to ICAC to the patrol
division.
Approved for City Council Agenda
Corby D. Alexander Date
ICACHistory
•The Internet Crimes Against Children (ICAC) Task Force Programis a national networkof
61 coordinated task forces, funded primarily through the U.S. Department of Justice. These
groups are continually engaged in proactiveand reactive investigations, as well as
prosecutions of persons involved in child abuse and exploitation involving the internet.
•The Houston Area ICAC Task Force is administered by the Houston Police Department and funded
through various Federal and Regional Grants.
•The Task Force is staffed mostly by HPD personnel, however, there are several investigators and
prosecutors assigned full-time from other agencies. Agencies may, however, be a participating
member of the ICAC, without providing full-time personnel to the Task Force.
•The La Porte Police Department has been a member of ICAC since it’s inception in 2010. Due to
the LPPD having uniquely qualified individuals, we were also asked to provide a full-time
investigator to the ICAC group. The investigator is assigned to work cases for the entire region (not
just La Porte) and, as such, a majority of the investigator’s salary is paid through the ICAC grant.
•City Council approved the initial ICAC request in August 2010, increasing the police department’s
authorized patrol officer strength by 1 in order to accommodate the new grant-funded position.
ICACHistorycont.
•The police department has been participating AND assigning a full-time investigator to the
Houston ICAC ever since. LPPD Detective David Huckabee is currently assigned to ICAC
and has formally announced his intention to retire, after 37 years of distinguished service,
effective February 28, 2017.
•LPPD does not have a replacement investigator uniquely qualified to take Det. Huckabee’s
place without having a direct negative impact on the La Porte Community.
•LPPD will continue to be a participating member of ICAC, but will no longer provide a full-
time investigator to assist the Task Force with it’s regional investigative responsibilities. The
ICAC group will fill this grant-funded position with an investigator from a different agency,
who will effectively take over Det. Huckabee’s responsibilities.
•As the LPPD will no longer be assigning an officer to ICAC, the City of La Porte’s Civil
Service Ordinance will either need to be amended, reducing LPPD officer staffing by one, or
the position can be reassigned to general department patrol duties, in which case no
amendment will be necessary.
•As the Police Department has not had an increase to general patrol officer staffing in more
than 17 years (since November 1999), it is recommended that the position be placed in
general patrol to provide direct public safety services to the La Porte community. Note:
Additional SRO’s, a sergeant, a lieutenant, and the ICAC positions were added since 1999.
Det.IǒĭƉğĬĻĻƭcurrentcost,salaryandbenefits:
$104,437.(70%$73,10630%=$31,331)
Currentcostfornewofficer(3.5yearsofservice),salary
andbenefits:$80,100.
Averageannualworkload/activitiesofanofficer:
1880hoursofcommunitypatrol
1300callsforservice
700selfinitiatedcontacts(i.e.trafficstops,suspicious
subjectchecks,etc.)
65arrests
300citations
19992016Comparison
19992016Diff.
Population33,47435,1481674
#ofOfficerstotal/71754*
#ofpatrolofficers
#ofOfficersper1000citizens2.12.10
FBIAverage:2.3(2015)
Crimes/CrimeRate733/2.2668/1.965/
0.3
*Thefourofficersince1999increaseincludes1additionalpositionforanSRO,asergeant,alieutenant,andtheICACpositioninquestion.It
isalsoimportanttonotethat,since1999,theDepartmenthasactuallyincreasedschooldedicated/fundedSROpositionsby3officers(not
just1),meaningthe2additionalSROpositionsmusthavebeenpulleddirectlyfrompatrol.
CallsforServiceTrend
+9%
+16%
-0%
+13%
-9%-10%
43,046
39,592
38,080
37,988
37,190
34,086
33,721
ͻͺͻͺͺͻͺͻͻͺͼͻͺͽͻͺ;ͻͺͿ
CrimeRateTrend
-8%
-6%
-5%+7%
-0%
-3%
22.3
20.59
19.34
19.01
18.39
18.35
17.75
#±¨¬¤²¯¤±ͺǾ±¤²¨£¤³²
ͻͺͻͺͺͻͺͻͻͺͼͻͺͽͻͺ;ͻͺͿ
Council Agenda Item Council Agenda Item
January 23, 2017 January 23, 2017
8.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS
Zoning Board of Adjustment Meeting, Thursday, January 26, 2017Zoning Board of Adjustment Meeting, Thursday, January 26, 2017
City Council Meeting, Monday, February 13, 2017City Council Meeting, Monday, February 13, 2017
City Council Meeting, Monday, February 27, 2017City Council Meeting, Monday, February 27, 2017
Planning and Zoning Commission Meeting, Thursday, February 16, 2017Planning and Zoning Commission Meeting, Thursday, February 16, 2017
Zoning Board of Adjustment Meeting, Thursday, February 23, 2017Zoning Board of Adjustment Meeting, Thursday, February 23, 2017
9.COUNCIL COMMENTSCOUNCIL COMMENTS regarding matters appearing on the agenda; recognition of regarding matters appearing on the agenda; recognition of
communitymembers, city employees, and upcoming events; inquiry of staff regarding specific factual communitymembers, city employees, and upcoming events; inquiry of staff regarding specific
factual
information or existing policies. Councilmembers Leonard, Engelken, Earp, Clausen, J. Martin, K. information or existing policies. Councilmembers Leonard, Engelken, Earp, Clausen, J.
Martin, K. information or existing policies. Councilmembers Leonard, Engelken, Earp, Clausen, J. Martin, K. information or existing policies. Councilmembers Leonard, Engelken, Earp,
Clausen, J. Martin, K.
Martin, Kaminski, Zemanek and Mayor Rigby.Martin, Kaminski, Zemanek and Mayor Rigby.
10.ADJOURNADJOURN
The City Council reserves the right to meet in closed session on any agenda item should the need arise and if 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 (the Texas open applicable pursuant to authorization by Title 5, Chapter 551, of the Texas
Government Code (the Texas open
meetings laws).meetings laws).
In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable 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 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 281.470.5019.24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.
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