HomeMy WebLinkAbout10-25-21LOUIS R. RIGBY
Mayor
BRANDON LUNSFORD
Councilperson At Large A
BRENT McCAULLEY
Councilperson At Large B
MANDI WILLIAMS
Councilperson District 1
CITY COUNCIL MEETING AGENDA
CHUCK ENGELKEN
Councilperson District 2
BILL BENTLEY
Councilperson District 3
THOMAS GARZA
Councilperson District 4
JAY MARTIN
Mayor Pro Tem
Councilperson District 5
ROBBIE McLARRIN
Councilperson District 6
Notice is hereby given of a regular meeting of the La Porte City Council to be held October 25, 2021,
beginning at 6:00 pm in the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte,
Texas, for the purpose of considering the following agenda items. All agenda items are subject to
action.
Remote participation is available, also. Attend via a screen using this link:
https://us02web.zoom.us/j/83259067706?pwd=enhZR3hBa3djaOt2NmZQUVoxMjBOdzO9
Join by phone at 877-853-5257 or 888-475-4499. The meeting ID is 832 5906 7706 and the
passcode is 711656.
1. CALL TO ORDER
2. INVOCATION — The invocation will be given Rev. Dee Spears, Fairmont Park Church.
PLEDGES — Will be led by Councilperson Bill Bentley.
U.S. Flag
Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one,
and indivisible.
3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS
(a) Proclamation in recognition of Rotary World Polio Day. [Louis R. Rigby, Mayor]
(b) Proclamation in recognition of Wellby Day. [Louis R. Rigby, Mayor]
(c) Recognition of City employees for years of service. [Louis R. Rigby, Mayor]
4. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the time
may be reduced if there is a high number of speakers or other considerations.)
5. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance
with staff recommendations provided. An item may be removed from the consent agenda and added to the
Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.)
(a) Approve the minutes of the regular City Council meeting held on October 11, 2021. [Louis R.
Rigby, Mayor]
(b) Approve Resolution 2021-62 to join as a party with the State of Texas and participating
political subdivisions in the Texas Opioid Settlement Agreement secured by the Texas
Attorney General and authorizing the City Manager to execute all related documents. [Corby
Alexander, City Manager]
(c) Authorize staff to accept quote from Athletic Field Specialists for the reconstruction of all ten
(10) fields at Pecan Park, in the amount of $64,000.00, utilizing BuyBoard Contract #641-21.
[Lindsay French, Recreation Superintendent]
(d) Authorize the City Manager to execute a contract with Kraftsman, LLC, in the amount of
$535,488.94, utilizing BuyBoard Contract #592-19, for the installation of a new Splash Park,
shade structures, and picnic tables in Fairmont Park West, with a contingency amount of
$53,548.89, for a total authorization of $589,037.83. [Lindsay French, Recreation
Superintendent]
(e) Approve contract renewal with Datavox, Inc. for upgrade of the City of La Porte's networking
hardware, in the amount of $364,736.90, utilizing Texas DIR contract DIR-TSO-4167. [Grady
Parker, IT Manager]
(f) Approve the purchase of twenty-seven (27) new Dell computer tablets from Dell for use by the
La Porte Police Department in patrol units, utilizing Texas DIR contract DIR-TSO-3763, in the
amount of $67,187.88. [Grady Parker, IT Manager]
(g) Award the purchases of vehicles and equipment approved for replacement in the City of La
Porte FY 2021-2022 Budget through the Texas BuyBoard Cooperative Purchasing Program,
with an authorization of $575,289.03. [Ray Mayo, Director of Public Works]
6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) The City Council will hold a public hearing to receive comments regarding a recommendation
by the Planning and Zoning Commission to adopt Ordinance 2021-3847, amending the City's
Future Land Use Map Component of the Comprehensive Plan for an approximately 5.4-acre
tract of land located at the 800 Block of McCabe Road, legally described as Part of Tract 5E,
Abstract 30, WP Harris Survey, Harris County, Texas, by changing the land use designation
from "Low Density Residential" to "Mid -High Density Residential"; followed by discussion and
possible action to consider adopting Ordinance 2021-3847, amending the City's Future Land
Use Map Component of the Comprehensive Plan for an approximately 5.4-acre tract of land
located at the 800 Block of McCabe Road, legally described as Part of Tract 5E, Abstract 30,
WP Harris Survey, Harris County, Texas, by changing the land use designation from "Low
Density Residential" to "Mid -High Density Residential". [Teresa Evans, Planning and
Development Director]
(b) The City Council will hold a public hearing to receive comments regarding a recommendation
by the Planning and Zoning Commission to adopt Ordinance 2021-3848, amending the Code
of Ordinances of the City of La Porte, Chapter 106 "Zoning", by granting Special Conditional
Use Permit #21-91000004, to allow for a senior living multi -family development on a 5.4-acre
tract of land located at the 800 Block of McCabe Road, legally described as Part of Tract 5E,
Abstract 30, WP Harris Survey, Harris County, Texas in the Planned Unit Development (PUD)
zoning district; followed by discussion and possible action to consider adopting Ordinance
2021-3848, amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning",
by granting Special Conditional Use Permit #21-91000004 to allow for a senior living multi-
family development on a 5.4-acre tract of land in the Planned Unit Development (PUD) zoning
district. [Teresa Evans, Planning and Development Director]
7. REPORTS
(a) Receive report on the La Porte Development Corporation Board meeting, [Councilperson
Engelken]
8. ADMINISTRATIVE REPORTS
• Drainage and Flooding Committee meeting, Nov 8
• La Porte Development Corporation Board meeting, Nov 8
• City Council meeting, Nov 8
• Planning and Zoning Commission meeting, Nov 18
9. COUNCIL COMMENT Hear announcements concerning matters appearing on the agenda; items of
community interest; and/or inquiries of staff regarding specific factual information or existing policy
from the Mayor, Councilpersons, and City staff, for which no formal action will be discussed or taken.
10. ADJOURN
If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or
Executive Session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code,
Chapter 551, Section 551.071 - consultation with counsel on legal matters; Section 551.072 - deliberation regarding purchase,
exchange, lease or value of real property; Section 551.073 - deliberation regarding a prospective gift; Section 551.074 - personnel
matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee; Section 551.076 - implementation of security personnel or devices; Section 551.087 - deliberation regarding economic
development negotiation; Section 551.089 - deliberation regarding security devices or security audits, and/or other matters as
authorized under the Texas Government Code. If a Closed or Executive Session is held in accordance with the Texas Government
Code as set out above, the City Council will reconvene in Open Session in order to take action, if necessary, on the items
addressed during Executive Session.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the
City Secretary's office (281-470-5019), two working days prior to the meeting for appropriate arrangements.
Pursuant to Texas Government Code Sec. 551.127, on a regular, non -emergency basis, members may attend and participate in the
meeting remotely by video conference. Should that occur, a quorum of the members will be physically present at the location noted
above on this agenda.
CERTIFICATE
I, Lee Woodward, City Secretary, do hereby certify that a copy of the October 25, 2021, City Council agenda was posted on the City Hall
bulletin board, a place convenient and readily accessible to the general public at all times, and to the City's website, www.LaPorteTX.gov, in
compliance with Chapter 551, Texas Government Code.
DATE
TIME
TAKEN DOWN
Lee Woodward, City Secretary
rortamatton
Office of the '41 por
1HEREAS, Rotary is a global network of neighbors, friends, leaders, and problem
DIvers who unite and take action to create lasting change in communities across
ie globe, including La Porte; and
WHEREAS, the Rotary motto, Service Above Self, inspires members to provide
humanitarian service, follow high ethical standards, and promote goodwill and peace in the
work; and
WHEREAS, Rotary, in 1985, launched PolioPlus and, in 1988, helped establish the Global
Polio Eradication Initiative, which today includes the World Health Organization, U.S.
Centers for Disease Control and Prevention, UNICEF, and the Bill & Melinda Gates
Foundation, and Gavi, the Vaccine Alliance, to immunize the children of the world against
polio. To date, Rotary has contributed more than $2.2 billion and countless volunteer hours
to protecting nearly 3 billion children in 122 countries; and
WHEREAS, polio cases have dropped 99.9% since 1988 and the world stands on the
threshold of eradicating the disease. These efforts are providing much -needed operational
support, medical staff, laboratory equipment, and educational materials for health workers
and parents; and
WHEREAS, there are over 1.2 million Rotary members in 36,000 clubs throughout the
world that sponsor service projects to address such critical issues as poverty, disease,
hunger, illiteracy, and the environment in their local communities and abroad;
NOW, THEREFORE, I, Louis R. Rigby, Mayor, do hereby proclaim the 241" day of October
2021, as
Uorrb J)olio Dap
In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be
affixed hereto, this the 25t" day of October, 2021.
Citp of la J)orte
Louis R. Rigby, Mayor
rortamatton
Office of the '41 por
VHEREAS, JSC Federal Credit Union has been a longstanding
artner of the space community and the Bay Area of Space City,
elping more than 100,000 people achieve their financial goals; and
WHEREAS, JSC Federal Credit Union is embarking on a significant
member -focused transformation that launches their next 60 years of
unparalleled member service through a refreshed brand - Wellby, Powered
by JSC FCU - that is focused on supporting member and community well-
being; and
WHEREAS, Wellby, Powered by JSC FCU remains rooted in its long-
standing legacy as the credit union created to support the people who put
the first person on the moon, the member -owned credit union and not -for -
profit financial cooperative offers financial products and services to help the
Greater Houston Metro take control of their financial well-being; realize their
goals; secure funds for needs and major life milestones; save, invest, and
plan; and receive financial support and guidance when needed; and
WHEREAS, the City of La Porte does hereby commend JSC Federal Credit
Union on their transformation to Wellby, Powered by JSC FCU, and wishes
the entire organization much success in our region over the coming years.
NOW, THEREFORE, I, Louis R. Rigby, Mayor, do hereby proclaim October
21, 2021, as
In Witness Whereof: I have hereto set my hand and caused the Seal of the
City to be affixed hereto, this the 251" day of October, 2021.
City of La Porte
Louis R. Rigby, Mayor
Service Awards — October 25, 2021
The four employees being recognized tonight have a combined 90
years of service to the La Porte community.
Charlene Fox, Telecom municator (20 years)
Charlene joined the team in October of 2001 as a
Telecom municator. For the past two decades she has served the La
Porte community by fielding calls for service for Police, Fire, EMS,
and other City services. Charlene is certified as a Master
Telecom municator by the Texas Commission on Law Enforcement,
and has been nominated for Employee of the Quarter on 4
different occasions. Charlene has played a critical role in improving
the public safety of La Porte for the past 20 years.
Thank you for your service Charlene.
Chris Muska, Senior Park Maintenance Worker (25 years)
Chris began work with La Porte as a Park Maintenance Worker I in
October of 1996. He was promoted to level II in 2000 and the Senior
level in 2001. Chris leads the Special Events Crew which is
responsible for playground installations, Christmas decoration
installation and removal, and a numerous other special projects.
Chris is also a Certified Playground Inspector and takes great pride
in ensuring that all of our City playgrounds and parks are safe for
residents and visitors.
Chris, thanks for all you do for the La Porte community.
Kenneth Creeks, Senior Equipment Operator (25 years)
On the same day as Chris Muska, Kenneth Creeks began his career
with La Porte in the Parks Maintenance division. Kenneth moved
over to Public Works in 2005 as an Equipment Operator I, and was
later promoted to level II and then his current role as Senior
Equipment Operator. Kenneth is a trusted member of the Streets
division where he is skilled in using a variety of equipment to get jobs
done well and often ahead of schedule.
Kenneth thank you for your 25 years of service to La Porte.
Tim Klemin, Mechanic Assistant (25 years)
Tim Klemin had spent a few months as a contract solid waste worker
when he saw a job posting for Mechanic Assistant on a bulletin
board. He applied and has been helping to take care of La Porte's
fleet of vehicles ever since. Tim is well known to fellow employees
across the City as "Tim the Tire Man" due to his knowledge of the
various tires and wheels needed to keep City vehicles rolling along
smoothly and safely. Tim is a great source of knowledge and wisdom
for the entire fleet maintenance division.
Thanks Tim for everything you do for the City of La Porte
LOUIS R. RIGBY
Mayor
BRANDON LUNSFORD
Councilperson At Large A
BRENT McCAULLEY
Councilperson At Large B
MANDI WILLIAMS
Councilperson District 1
CHUCK ENGELKEN
Councilperson District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
OCTOBER 11, 2021
BILL BENTLEY
Councilperson District 3
THOMAS GARZA
Councilperson District
JAY MARTIN
Mayor Pro Tem
Councilperson District 5
ROBBIE McLARRIN
Councilperson District 6
The City Council of the City of La Porte met in a regular meeting on Monday, October 11, 2021, at
the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the
following in attendance:
Councilpersons present: Louis Rigby, Brandon
Engelken, Bill Bentley,
Councilpersons attending remotely: None
Councilpersons absent: None
Lunsford, Brent McCaulley, Mandi Williams, Chuck
Thomas Garza, Jay Martin, Robbie McLarrin
Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary;
Clark Askins, Assistant City Attorney
CALL TO ORDER — Mayor Riqbv called the meetinq to order at 6:00 p.m.
2. INVOCATION — The invocation was given by Clark Askins, Assistant City Attorney and pledges were
led by Councilperson Brandon Lunsford.
3. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the
time may be reduced if there is a high number of speakers or other considerations.)
Terry Matthews spoke about responsible flood plain development. Barbara Norwine thanked
Councilpersons who voted against the duplexes on Main Street.
4. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in
accordance with staff recommendations provided. An item may be removed from the consent agenda
and added to the Statutory Agenda for full discussion upon request bya member of the Council present
at this meeting.)
a. Approve the minutes of the regular City Council meeting held on September 27, 2021. [Louis
R. Rigby, Mayor]
b. Approve or deny Ordinance 2021-3840 regarding amendments to Chapter 98 - "Mobile
Homes and Mobile Home Parks" of the City of La Porte Code of Ordinances to allow for
placement of recreational vehicles in mobile home/manufactured home parks. [Teresa
Evans, Director of Planning and Development]
c. Approve Ordinance 2021-3849 regarding amendments to Chapter 94 - "Floods" of the City
of La Porte Code of Ordinances to comply with the new Class 8 prerequisite of the National
Flood Insurance Program (NFIP) Community Rating System (CRS). [Teresa Evans, Director
of Planning and Development]
d. Authorize Ordinance 2021-3824 allowing the City Manager to execute a professional
services agreement with Halff Associates, Inc., to provide design and construction phases
services in connection with development of a 100 acre-foot detention pond project, in
accordance with amended interlocal agreement with the City of Pasadena. [Ray Mayo,
Director of Public Works]
Page 1 of 3
October 11, 2021, Council Meeting Minutes
e. Authorize the City Manager to execute an interlocal agreement with Harris County to receive
Harris County partnership funds for the Bayside Terrace Subdivision Drainage
Improvements Project. [Ray Mayo, Director of Public Works]
f. Award the purchases of vehicles and equipment approved for replacement and additions to
the city vehicle and equipment fleet in the City of La Porte FY 2021-22 Budget through Texas
Buy Board and GSA Cooperative Purchasing Programs, with an authorization of
$1,026,741.97 [Ray Mayo, Director of Public Works]
g. Adopt Resolution 2021-59, approving a nomination for Mike Sullivan as the Harris County
Appraisal District (HCAD) board member representing cities other than the City of Houston.
[Louis R. Rigby, Mayor]
Mayor Rigby noted item d authorized a professional services agreement; the referenced ordinance
was adopted earlier in the year. City Manager Alexander noted items d. and e. went before the
Drainage and Flooding Committee this evening and were recommended for approval. Mayor Rigby
noted the BuyBoard agreement for WC Tractors was not for the location referenced, so the total to
be considered was $909,385.37. Councilperson Garza pulled item b. Councilperson Engelken
moved to adopt the consent agenda, less item b., and with the amendment to the amount in item
f.; the motion was seconded by Councilperson Bentley; the motion was adopted, 9-0.
Councilperson Garza moved to adopt Ordinance 2021-3840 regarding amendments to Chapter 98
- "Mobile Homes and Mobile Home Parks" of the City of La Porte Code of Ordinances to allow for
placement of recreational vehicles in mobile home/manufactured home parks; the motion was
seconded by Mayor Pro Tern Martin; the motion was adopted. 9-0.
5. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
a. Conduct Public Hearing and receive public input on LSP Partners, L.P.'s application to the
Texas Department of Housing and Community Affairs for 2022-2023 Housing Tax Credits for
Seville Apartments located at 3701 Luella Blvd., La Porte, Texas. [Corby Alexander, City
Manager]
Mayor Rigby opened the public hearinq at 6:20 p.m. Johnathan Campbell of the Southeast Texas.
Housing Finance Corporation provided a short presentation and introduced the investor. Mayor
Riqbv closed the public hearinq at 6:30 p.m.
6. STATUTORY AGENDA
a. Consider and/or approve Resolution 2021-60 of no objection to LSP Partners, LP's
application to the Texas Department of Housing and Community Affairs for 2022-2023
Housing Tax Credits for Seville Apartments located at 3701 Luella Blvd., La Porte, Texas.
[Corby Alexander, City Manager]
Councilperson Engelken moved to adopt Resolution 2021-60 of no objection to LSP Partners, LP's
application to the Texas Department of Housing and Community Affairs for 2022-2023 Housing
Tax Credits for Seville Apartments located at 3701 Luella Blvd., La Porte, Texas; the motion was
seconded by Councilperson Bentley; the motion was adopted, 9-0.
b. Presentation, discussion, and possible action regarding updates received from
administrative staff on the La Porte Recreation and Fitness Center Renovation Project.
[Lindsay French, Superintendent of Recreation]
Lindsay French, Superintendent of Recreation, provided an updated on the proposals.
Councilperson McCaulley moved to approve Phase I; the motion was seconded by Councilperson
Bentley; the motion was adopted, 8-1, Councilperson Garza voting against.
c. Presentation, discussion, and possible action to elect the City of La Porte representative
and alternate from the City Council to the Houston -Galveston Area Council (H-GAC) 2022
General Assembly and Board of Directors, and adopt Resolution 2021-58 in support of same.
[Louis R. Rigby, Mayor]
Page 2 of 3
October 11, 2021, Council Meeting Minutes
Mayor Pro Tern Martin moved to adopt Resolution 2021-58 and reappoint Chuck Engelken as the
Representative and Bill Bentley as the alternate; the motion was seconded by Councilperson
McCaulley; the motion was adopted, 9-0.
d. Presentation, discussion, and possible action to select meeting dates for regular City
Council meetings in November and December 2021. [Louis R. Rigby, Mayor]
Councilperson Garza moved to keep the regular meeting schedule; the motion was not seconded
and was not considered. Councilperson Engelken moved to forego holding the second meetings in
November and December 2021; the motion was seconded by Councilperson Bentley.
Councilperson Garza moved to amend the motion to add that the Council forfeit half of their pay for
November and December; Mayor Riqbv seconded the motion; the motion was not adopted, 1-8,
Councilperson Garza votinq in favor.
The main motion was adopted, 8-1, Councilperson Garza votinq against.
7. REPORTS
a. Receive report on the Drainage and Flooding Committee meeting. [Mayor Pro Tern Martin,
Chair]
Mayor Pro Tern Martin shared that the Committee had met, received updates, recommended the
adoption of items 4.d. and e., and set the next meeting for November 8.
8. ADMINISTRATIVE REPORTS
• Planning and Zoning Commission meeting, October 21
• La Porte Development Corporation Board meeting, October 25
• City Council meeting, October 25
• Zoning Board of Adjustment meeting, October 28
City Manager Alexander said the Council would be receiving a notice of a FEMA webinar on flood
insurance rates and that he recommended they attend. He also introduced new Parks and Recreation
Director Tim Miller and thanked Lindsay French for her interim work.
9. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda;
items of community interest; and/or inquiries of staff regarding specific factual information or
existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will
be discussed or taken.
Councilpersons welcomed new Parks and Recreation Director Tim Miller and thanked Lindsay French
for her interim work; commended Parks and other departmental staff for the Kids Rodeo over the
weekend; suggested the City's state and federal legislators be contacted in connection to the FEMA
changes; reminded all that Councilpersons could make donations to the Animal Shelter; lauded the
Chamber's Family Night last week; urged fellow Councillors to reflect on Barbara Norwine's comments
that she urges residents to reach out to their City Council representatives; and noted Council and staff
attendance at the TML annual conference last week.
ADJOURN — Without objection, the Council adjourned at 7:21 p.m.
Lee Woodward, City Secretary
Page 3 of 3
October 11, 2021, Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 25, 2021
Requested By: Corby Alexander, City Mgr.
Department: Administration/CMO
Report • Resolution (` Ordinance
Exhibits: Resolution 2021-62 includina exhibits
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: r Yes r. No
SUMMARY & RECOMMENDATION
The people of the State of Texas and its communities, including La Porte, have been
harmed through the national and statewide epidemic caused by the sale, use and
distribution of opioids within the State of Texas. The City has been provided information
indicating that certain drug companies and their corporate affiliates, parents,
subsidiaries, and such other defendants as may be added to the litigation (collectively,
"Defendants") have engaged in fraudulent and reckless marketing as well as fraudulent
distribution of opioids that have resulted in addictions and overdoses. These actions,
conduct, and misconduct have resulted in the death of many Texans and has resulted
in the devastation of families and communities across the State. Local governments
have been on the front lines of the opioid crisis, which has resulted in significant
financial costs to them related to the expenditures and continuing costs for healthcare
services, social services, law enforcement, and the criminal justice systems.
On May 13, 2020, the State of Texas, through the Office of the Attorney General, and
a negotiation group for Texas political subdivisions entered into an agreement entitled
Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet
(hereafter, the Texas Term Sheet) approving the allocation of any and all opioid
settlement funds within the State of Texas. Special Counsel/City Attorney and the State
of Texas have recommended that the City Council of the City of La Porte support the
adoption and approval of the Texas Term Sheet in its entirety. Participating in the Texas
Term Sheet increases the State of Texas' opportunity to maximize its share of opioid
settlement funds and will provide a method to ensure that needed resources reach
communities once all negotiations are finalized. Based upon the settlement agreement,
La Porte is entitled to receive a settlement amount of $91,532.
Staff is recommending City Council authorize the City Manager to execute the
Subdivision Settlement Participation Form, attached hereto as Exhibit "B" in
accordance with the provisions set forth in the attached exhibit "A", and incorporated
herein for all purposes and further authorizes the City Manager to take any additional
actions necessary to implement the intent of Resolution 2021-62. The City Council finds
and determines that it is in the best interest of the health, safety, and welfare of the City
to participate in the Texas Term Sheet.
ACTION REQUIRED BY CITY COUNCIL
Approve Resolution 2021-62 authorizing the City Manager to execute the
Subdivision Settlement Participation Form, attached hereto as Exhibit "B" in
accordance with the provisions set forth in the attached exhibit "A", and
incorporated herein for all purposes and further authorizes the City Manager to
take any additional actions necessary to implement the intent of this Resolution.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager
Date
RESOLUTION 2021-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS ("CITY")
JOINING WITH THE STATE OF TEXAS AND POLITICAL SUBDIVISIONS OF THE STATE
AS A PARTY IN THE TEXAS OPIOID SETTLEMENT AGREEMENTS SECURED BY THE
OFFICE OF THE ATTORNEY GENERAL; AUTHORIZING THE CITY MANAGER TO
EXECUTE SETTLEMENT PARTICIPATION FORMS; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of La Porte, Texas is a Home Rule municipal corporation formed and organized
pursuant to the constitution and laws of the State of Texas; and
WHEREAS, the people of the State of Texas and its communities, including La Porte, have been harmed
through the national and statewide epidemic caused by the sale, use and distribution of opioids within the
State of Texas; and
WHEREAS, the City has been provided information indicating that certain drug companies and their
corporate affiliates, parents, subsidiaries, and such other defendants as may be added to the litigation
(collectively, "Defendants") have engaged in fraudulent and reckless marketing as well as fraudulent
distribution of opioids that have resulted in addictions and overdoses; and
WHEREAS, these actions, conduct and misconduct have resulted in the death of many Texans and has
resulted in the devastation of families and communities across the State; and
WHEREAS, local governments have been on the front lines of the opioid crisis, which has resulted in
significant financial costs to them related to the expenditures and continuing costs for healthcare services,
social services, law enforcement and the criminal justice systems; and
WHEREAS, on May 13, 2020, the State of Texas, through the Office of the Attorney General, and a
negotiation group for Texas political subdivisions entered into an agreement entitled Texas Opioid
Abatement Fund Council and Settlement Allocation Term Sheet (hereafter, the Texas Term Sheet)
approving the allocation of any and all opioid settlement funds within the State of Texas. The Texas Term
Sheet is attached hereto as Exhibit "A" and incorporated for all purposes; and
WHEREAS, Special Counsel/City Attorney and the State of Texas have recommended that the City
Council of the City of La Porte support the adoption and approval of the Texas Term Sheet in its entirety;
and
WHEREAS, participating in the Texas Term Sheet increases the State of Texas' opportunity to maximize
its share of opioid settlement funds and will provide a method to ensure that needed resources reach
communities once all negotiations are finalized; and
WHEREAS, the City Council finds and determines that it is in the best interest of the health, safety, and
welfare of the City to participate in the Texas Term Sheet.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS, THAT:
Section 1. The City Council hereby authorizes the City Manager to execute the Subdivision Settlement
Participation Form, attached hereto as Exhibit `B" in accordance with the provisions set forth
in the attached exhibit "A", and incorporated herein for all purposes and further authorizes the
City Manager to take any additional actions necessary to implement the intent of this
Resolution.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are
hereby made a part of this Resolution for all purposes and are adopted as part of the judgment
and finding of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this
Resolution are hereby repealed to the extent of such conflict, and the provisions of this
Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of
Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person or circumstance
shall be held to be invalid, the remainder of this Resolution and the application of such
provision to other persons and circumstances shall nevertheless be valid, and the City Council
hereby declares that this Resolution would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is
adopted was open to the public and public notice of the time, place, and subject matter of the
public business to be considered at such meeting, including this Resolution, was given, all as
required by Chapter 551, Texas Government Code, as amended.
Section 7. This resolution shall be in force and effect from and after its final passage, and it is so resolved.
PASSED and APPROVED this, the 25th day of October, 2021.
ATTEST:
CITY OF LA PORTE, TEXAS
Louis R. Rigby, Mayor
APPROVED AS TO FORM:
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
EXHIBIT A
TEXAS OPIOID ABATEMENT FUND COUNCIL AND
SETTLEMENT ALLOCATION TERM SHEET
TEXAS OPIOID ABATEMENT FUND COUNCIL AND
SETTLEMENT ALLOCATION TERM SHEET
WHEREAS, the people of the State of Texas and its communities have been harmed
through the National and Statewide epidemic caused by licit and illicit opioid use
and distribution within the State of Texas; and now,
WHEREAS, the State of Texas, though its elected representatives and counsel,
including the Honorable Ken Paxton, Attorney General of the State of Texas, and
certain Political Subdivisions, through their elected representatives and counsel, are
separately engaged in litigation seeking to hold those entities in the supply chain
accountable for the damage caused; and now,
WHEREAS, the State of Texas, through its Attorney General and its Political
Subdivisions, share a common desire to abate and alleviate the impacts of the
epidemic throughout the State of Texas; and now,
THEREFORE, the State of Texas and its Political Subdivisions, subject to
completing formal documents effectuating the Parties' agreements, enter into this
State of Texas and Texas Political Subdivisions' Opioid Abatement Fund Council
and Settlement Allocation Term Sheet (Texas Term Sheet) relating to the allocation
and use of the proceeds of any Settlements as described.
A. Definitions
As used in this Texas Term Sheet:
1
1. "The State" shall mean the State of Texas acting through its Attorney
General.
2. "Political Subdivision(s)" shall mean any Texas municipality and county.
3. "The Parties" shall mean the State of Texas, the Political Subdivisions, and
the Plaintiffs' Steering Committee and Liaison Counsel (PSC) in the Texas
Opioid MDL, In Re: Texas Opioid Litigation, MDL No. 2018-63587, in
the 152d District Court of Harris County, Texas.
4. "Litigating Political Subdivision" means a Political Subdivision that filed
suit in the state courts of the State of Texas prior to the Execution Date of
this Agreement, whether or not such case was transferred to Texas Opioid
MDL, or removed to federal court.
5. "National Fund" shall mean any national fund established for the benefit
of the Texas Political Subdivisions. In no event shall any National Fund
be used to create federal jurisdiction, equitable or otherwise, over the
Texas Political Subdivisions or those similarly situated state -court litigants
who are included in the state coalition, nor shall the National Fund require
participating in a class action or signing a participation agreement as part
of the criteria for participating in the National Fund.
6. "Negotiating Committee" shall mean a three -member group comprising
four representatives for each of (1) the State; (2) the PSC; and (3) Texas'
2
Political Subdivisions (collectively, "Members"). The State shall be
represented by the Texas Attorney General or his designees. The PSC shall
be represented by attorneys Mikal Watts, Jeffrey Simon, Dara Hegar, Dan
Downey, or their designees. Texas' Political Subdivisions shall be
represented by Clay Jenkins (Dallas County Judge), Terrence O'Rourke
(Special Assistant County Attorney, Harris County), Nelson Wolff (Bexar
County Judge), and Nathaniel Moran (Smith County Judge) or their
designees.
7. "Settlement" shall mean the negotiated resolution of legal or equitable
claims against a Pharmaceutical Supply Chain Participant that includes the
State and Political Subdivisions.
8. "Opioid Funds" shall mean monetary amounts obtained through a
Settlement as defined in this Texas Term Sheet.
8. "Approved Purpose(s)" shall mean those uses identified in Exhibit A
hereto.
9. "Pharmaceutical Supply Chain" shall mean the process and channels
through which opioids or opioids products are manufactured, marketed,
promoted, distributed, or dispensed.
3
10."Pharmaceutical Supply Chain Participant" shall mean any entity that
engages in or has engaged in the manufacture, marketing, promotion,
distribution, or dispensing of an opioid analgesic.
11. "Texas Opioid Council" shall mean the Council described in Exhibit A
hereto, which has the purpose of ensuring the funds recovered by Texas
(through the joint actions of the Attorney General and the Texas Political
Subdivisions) are allocated fairly and spent to remediate the opioid crisis
in Texas, using efficient and cost-effective methods that are directed to the
hardest hit regions in Texas while also ensuring that all Texans benefit
from prevention and recovery efforts.
B. Allocation of Settlement Proceeds
1. All Opioid Funds distributed in Texas shall be divided with 15% going to
Political Subdivisions ("Subdivision Share"), 70% to the Texas Opioid
Abatement Fund through the Texas Opioid Council (Texas Abatement
Fund Share) identified and described on Exhibits A and C hereto, and 15%
to the Office of the Texas Attorney General as Counsel for the State of
Texas ("State Share"). Out of the Texas Opioid Abatement Fund,
reasonable expenses up to 1% shall be paid to the Texas Comptroller for
the administration of the Texas Opioid Council pursuant to the Opioid
21
Abatement Fund (Texas Settlement) Opioid Council Agreement, Exhibit
A hereto.
2. The Subdivisions Share shall be allocated in accordance with the division
of proceeds on Exhibit B hereto.
3. The Texas Abatement Fund Share shall be allocated to the Opioid Council
to be apportioned in accordance with the guidelines of Exhibit A, and
Exhibit C hereto.
4. In the event a Subdivision merges, dissolves, or ceases to exist, the
allocation percentage for that Subdivision shall be redistributed as directed
by the settlement document, and if not specified, equitably based on the
composition of the successor Subdivision. If a Subdivision for any reason
is excluded from a specific settlement, the allocation percentage for that
Subdivision shall be redistributed as directed by the settlement document,
and if not specified, equitably among the participating Subdivisions.
5. Funds obtained from parties unrelated to the Litigation, via grant, bequest,
gift or the like, separate and distinct from the Litigation, may be directed
to the Texas Opioid Council and disbursed as set forth below.
6. The Subdivision share shall be initially deposited and paid in cash directly
to the Subdivision under the authority and guidance of the Texas MDL
Court, who shall direct any Settlement funds to be held in trust in a
5
segregated account to benefit the Subdivisions and to be promptly
distributed as set forth herein and in accordance with Exhibit B.
7. Nothing in this Texas Term Sheet should alter or change any Subdivision's
rights to pursue its own claim. Rather, the intent of this Texas Term Sheet
is to join all parties to disburse settlement proceeds from one or more
defendants to all parties participating in that settlement within Texas.
8. Opioid Funds from the Texas Abatement Fund Share shall be directed to
the Texas Opioid Council and used in accordance with the guidelines as
set out on Exhibit A hereto, and the Texas Abatement Fund Share shall be
distributed to the Texas Opioid Council under the authority and guidance
of the Texas MDL Court, consistent with Exhibits A and C, and the by-
laws of the Texas Opioid Council documents and disbursed as set forth
therein, including without limitation all abatement funds and the 1%
holdback for expenses.
9. The State of Texas and the Political Subdivisions understand and
acknowledge that additional steps may need to be undertaken to assist the
Texas Opioid Council in its mission, at a predictable level of funding,
regardless of external factors.
C. Payment of Counsel and Litigation Expenses
9
1. Any Master Settlement Agreement settlement will govern the payment of
fees and litigation expenses to the Parties. The Parties agree to direct
control of any Texas Political Subdivision fees and expenses to the "Texas
Opioid Fee and Expense Fund," which shall be allocated and distributed
by the Texas MDL Court, In re: Texas Opioid Litigation, MDL No. 2018-
63587, in the 152nd District Court of Harris County, Texas, and with the
intent to compensate all counsel for Texas Political Subdivisions who have
not chosen to otherwise seek compensation for fees and expenses from any
federal MDL common benefit fund.
2. The Parties agree that no portion of the State of Texas 15% allocation
share from any settlement shall be administered through the National
Fund, the Texas MDL Court, or Texas Opioid Fee and Expense Fund,
but shall be directed for payment to the State of Texas by the State of
Texas.
3. The State of Texas and the Texas Political Subdivisions, and their
respective attorneys, agree that all fees — whether contingent, hourly,
fixed or otherwise — owed by the Texas Political Subdivisions shall be
paid out of the National Fund or as otherwise provided for herein to the
Texas Opioid Fee and Expense Fund to be distributed by the 152nd
7
District Court of Harris County, Texas pursuant to its past and future
orders.
4. From any opioid-related settlements with McKesson, Cardinal Health,
ABDC, and Johnson & Johnson, and for any future opioid-related
settlements negotiated, in whole or in part, by the Negotiating
Committee with any other Pharmaceutical Supply Chain Participant,
the funds to be deposited in the Texas Opioid Fee and Expense Fund
shall be 9.3925% of the combined Texas Political Subdivision and
Texas Abatement Fund portions of each payment (annual or otherwise)
to the State of Texas for that settlement, plus expenses from the
National Fund, and shall be sought by Texas Political Subdivision
Counsel initially through the National Fund. The Texas Political
Subdivisions' percentage share of fees and expenses from the National
Fund shall be directed to the Texas Opioid Fee and Expense Fund in
the Texas MDL, as soon as is practical, for allocation and distribution
in accordance with the guidelines herein.
5. If the National Fund share to the Texas Political Subdivisions is
insufficient to cover the guaranteed 9.3925%, plus expenses from the
National Fund, per subsection 4, immediately supra, or if payment from
the National Fund is not received within 12 months after the date the
first payment is made by the Defendants pursuant to the settlement, then
the Texas Political Subdivisions shall recover up to 12.5% of the Texas
Political Subdivision Share to make up any difference.
6. If the National Fund and the Texas Political Subdivision share are
insufficient to cover the guaranteed 9.3925%, plus expenses from the
National Fund, or if payment from the National Fund is not received
within 12 months after the date the first payment is made by the
Defendants pursuant to the settlement, then the Texas Political
Subdivisions shall recover up to 8.75% of the Abatement Fund Share
to make up any difference. In no event shall the Texas Political
Subdivision share exceed 9.3925% of the combined Texas Political
Subdivision and Texas Abatement Fund portions of any settlement,
plus expenses from the National Fund. In the event that any payment
is received from the National Fund such that the total amount in fees
and expenses exceeds 9.3925%, the Texas Political Subdivisions shall
return any amounts received greater than 9.3925% of the combined
Texas Political Subdivision and Texas Abatement Fund portions to
those respective Funds.
9
7. For each settlement utilizing a National Fund, the Texas Political
Subdivisions need only make one attempt at seeping fees and expenses
there.
8. The total amount of the Texas Opioid Fee and Expense Fund shall be
reduced proportionally, according to the agreed upon allocation of the
Texas Subdivision Fund, for any Texas litigating Political Subdivision
that (1) fails to enter the settlement; and (2) was filed in Texas state
court, and was transferred to the Texas MDL (or removed before or
during transfer to the Texas MDL) as of the execution date of this
Agreement.
D. The Texas Opioid Council and Texas Abatement Fund
The Texas Opioid Council and Texas Abatement Fund is described in detail
at Exhibit A, incorporated herein by reference.
E. Settlement Negotiations
1. The State and Negotiating Committee agree to inform each other in
advance of any negotiations relating to a Texas -only settlement with a
Pharmaceutical Supply Chain Participant that includes both the State and
its Political Subdivisions and shall provide each other the opportunity to
participate in all such negotiations. Any Texas -only Settlement agreed to
with the State and Negotiating Committee shall be subject to the approval
10
of a majority of litigating Political Subdivisions. The Parties further agree
to keep each other reasonably informed of all other global settlement
negotiations with Pharmaceutical Supply Chain Participants and to include
the Negotiating Committee or designees. Neither this provision, nor any
other, shall be construed to state or imply that either the State or the
Negotiating Committee is unauthorized to engage in settlement
negotiations with Pharmaceutical Supply Chain Participants without prior
consent or contemporaneous participation of the other, or that either party
is entitled to participate as an active or direct participant in settlement
negotiations with the other. Rather, while the State's and Negotiation
Committee's efforts to achieve worthwhile settlements are to be
collaborative, incremental stages need not be so.
2. Any Master Settlement Agreement (MSA) shall be subject to the approval
and jurisdiction of the Texas MDL Court.
3. As this is a Texas -specific effort, the Committee shall be Chaired by the
Attorney General. However, the Attorney General, or his designees, shall
endeavor to coordinate any publicity or other efforts to speak publicly with
the other Committee Members.
4. The State of Texas, the Texas MDL Plaintiff's Steering Committee
representatives, or the Political Subdivision representatives may withdraw
11
from coordinated Settlement discussions detailed in this Section upon 10
business days' written notice to the remaining Committee Members and
counsel for any affected Pharmaceutical Supply Chain Participant. The
withdrawal of any Member releases the remaining Committee Members
from the restrictions and obligations in this Section.
5. The obligations in this Section shall not affect any Party's right to proceed
with trial or, within 30 days of the date upon which a trial involving that
Party's claims against a specific Pharmaceutical Supply Chain Participant
is scheduled to begin, reach a case specific resolution with that particular
Pharmaceutical Supply Chain Participant.
F. Amendments
The Parties agree to make such amendments as necessary to implement the
intent of this agreement.
Acknowledgment of Agreement
We, the undersigned, have participated in the drafting of the above Texas
Term Sheet, including consideration based on comments solicited from Political
Subdivisions. This document has been collaboratively drafted to maintain all
individual claims while allowing the State and its Political Subdivisions to cooperate
in exploring all possible means of resolution. Nothing in this agreement binds any
party to any specific outcome. Any resolution under this document will require
12
acceptance by the State of Texas and a majority of the Litigating Political
Subdivisions.
We, the undersigned, hereby accept the STATE OF TEXAS AND TEXAS
POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND
SETTLEMENT ALLOCATION TERM SHEET. We understand that the purpose of
this Texas Term Sheet is to permit collaboration between the State of Texas and
Political Subdivisions to explore and potentially effectuate earlier resolution of the
Opioid Litigation against Pharmaceutical Supply Chain Participants. We also
understand that an additional purpose is to create an effective means of distributing
any potential settlement funds obtained under this Texas Term Sheet between the
State of Texas and Political Subdivisions in a manner and means that would promote
an effective and meaningful use of the funds in abating the opioid epidemic
throughout Texas.
13
Executed this 13 day of May, 2020.
FOR THE STATE OF TEXAS:
KENNETH PAXTON, JR.
ATTORNEY GENERAL
FOR THE SUBDIVISIONS
AND TEXAS MDL PSC:
44*/aGr-
NIIKAL WATTS
WATTS GUERRA LLP
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SIMON GiEENSTONE PANA'ITER, PC
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EXHIBIT A
Opioid Abatement Fund (Texas) Settlement
Opioid Council
As part of the settlement agreement and upon its execution, the parties will form the Texas Opioid
Council (Council) to establish the framework that ensures the funds recovered by Texas (through
the joint actions of the Attorney General and the state's political subdivisions) are allocated fairly
and spent to remediate the opioid crisis in Texas, using efficient and cost-effective methods that
are directed to the hardest hit regions in Texas while also ensuring that all Texans benefit from
prevention and recovery efforts.
I. Structure
The Council will be responsible for the processes and procedures governing the spending of the
funds held in the Texas Abatement Fund, which will be approximately 70% of all funds obtained
through settlement and/or litigation of the claims asserted by the State and its subdivisions in the
investigations and litigation related to the manufacturing, marketing, distribution, and sale of
opioids and related pharmaceuticals.
Money paid into the abatement fund will be held by an independent administrator, who shall be
responsible for the ministerial task of releasing funds solely as authorized below by the Council,
and accounting for all payments to and from the fund.
The Council will be formed when a court of competent jurisdiction enters an order settling the
matter, including any order of a bankruptcy court. The Council's members must be appointed
within sixty (60) days of the date the order is entered.
1/ - I S' -a�i �i�i�
The Council shall be comprised of the following thirteen (13) members:
1. Statewide Members.
Six members appointed by the Governor and Attorney General to represent the State's
interest in opioid abatement. The statewide members are appointed as follows:
a. The Governor shall appoint three (3) members who are licensed health
professionals with significant experience in opioid interventions;
b. The Attorney General shall appoint three (3) members who are licensed
professionals with significant experience in opioid incidences; and
c. The Governor will appoint the Chair of the Council as a non -voting member.
The Chair may only cast a vote in the event there is a tie of the membership.
2. Regional Members.
Six (6) members appointed by the State's political subdivisions to represent their
designated Texas Health and Human Services Commission "HHSC" Regional Healthcare
1
Partnership (Regions) to ensure dedicated regional, urban, and rural representation on the
Council. The regional appointees must be from either academia or the medical profession
with significant experience in opioid interventions. The regional members are appointed as
follows:
a. One member representing Regions 9 and 10 (Dallas Ft -Worth);
b. One member representing Region 3 (Houston);
c. One member representing Regions 11, 12, 13, 14, 15, 19 (West Texas);
d. One member representing Regions 6, 7, 8, 16 (Austin -San Antonio);
e. One member representing Regions 1, 2, 17, 18 (East Texas); and
f. One member representing Regions 4, 5, 20 (South Texas).
ICE
All members of the Council are appointed to serve staggered two-year terms, with the terms of
members expiring February 1 of each year. A member may serve no more than two consecutive
terms, for a total of four consecutive years. For the first term, four (4) members (two (2) statewide
and two (2) for the subdivisions) will serve a three-year term. A vacancy on the Council shall be
filled for the unexpired term in the same manner as the original appointment. The Governor will
appoint the Chair of the Council who will not vote on Council business unless there is a tie vote,
and the subdivisions will appoint a Vice -Chair voting member from one of the regional members.
C. Governance
1. Administration
The Council is attached administratively to the Comptroller. The Council is an
independent, quasi -governmental agency because it is responsible for the statewide
distribution of the abatement settlement funds. The Council is exempt from the following
statutes:
a. Chapter 316 of the Government Code (Appropriations);
b. Chapter 322 of the Government Code (Legislative Budget Board);
c. Chapter 325 of the Government Code (Sunset);
d. Chapter 783 of the Government Code (Uniform Grants and Contract
Management);
e. Chapter 2001 of the Government Code (Administrative Procedure);
f. Chapter 2052 of the Government Code (State Agency Reports and Publications);
g. Chapter 2261 of the Government Code (State Contracting Standards and
Oversight);
h. Chapter 2262 of the Government Code (Statewide Contract Management);
2
i. Chapter 262 of the Local Government Code (Purchasing and Contracting
Authority of Counties); and
j. Chapter 271 of the Local Government Code (Purchasing and Contracting
Authority of Municipalities, Counties, and Certain Other Local Governments).
2. Transparency
The Council will abide by state laws relating to open meetings and public information,
including Chapters 551 and 552 of the Texas Government Code.
i. The Council shall hold at least four regular meetings each year. The Council may
hold additional meetings on the request of the Chair or on the written request of
three members of the council. All meetings shall be open to the public, and public
notice of meetings shall be given as required by state law.
ii. The Council may convene in a closed, non-public meeting:
a. If the Commission must discuss:
1. Negotiation of contract awards; and
2. Matters specifically exempted from disclosure by federal and
state statutes.
b. All minutes and documents of a closed meeting shall remain under seal,
subject to release only order of a court of competent jurisdiction.
3. Authority
The Council does not have rulemaking authority. The terms of each Judgment, Master
Settlement Agreement, or any Bankruptcy Settlement for Texas control the authority of
the Council and the Council may not stray outside the bounds of the authority and power
vested by such settlements. Should the Council require legal assistance in determining
their authority, the Council may direct the executive director to seek legal advice from the
Attorney General to clarify the issue.
The independent administrator will set aside up to one (1) percent of the settlement funds for the
administration of the Council for reasonable costs and expenses of operating the foregoing duties,
including educational activities.
1. Executive Director
The Comptroller will employ the executive director of the Council and other personnel as
necessary to administer the duties of the Council and carry out the functions of the Council.
The executive director must have at least 10 years of experience in government or public
administration and is classified as a Director V/1330 under the State Auditor's State
Classification. The Comptroller will pay the salaries of the Council employees from the
one (1) percent of the settlement funds set aside for the administration of the Council. The
Comptroller will request funds from the Texas Abatement Fund Point of Contact.
2. Travel Reimbursement
A person appointed to the Council is entitled to reimbursement for the travel expenses
incurred in attending Council duties. A member of the Council may be reimbursed for
actual expenses for meals, lodging, transportation, and incidental expenses in accordance
with travel rates set by the federal General Services Administration.
IL Duties/Roles
It is the duty of the Council to determine and approve the opioid abatement strategies and funding
awards.
The Council will develop the approved Texas list of abatement strategies based on but not limited
to the existing national list of opioid abatement strategies (see attached Appendix A) for
implementing the Texas Abatement Fund.
1. The Council shall only approve strategies which are evidence -informed strategies.
2. The Texas list of abatement strategies must be approved by majority vote. The majority
vote must include a majority from both sides of the statewide members and regional
members in order to be approved, e.g., at least four (4) of six (6) members on each side.
The Council will determine a single point of contact called the Abatement Fund Point of Contact
(POC) to be established as the sole entity authorized to receive requests for funds and approve
expenditures in Texas and order the release of funds from the Texas Abatement Fund by the
independent administrator. The POC may be an independent third party selected by the Council
with expertise in banking or financial management. The POC will manage the Opioid Council
Bank Account (Account). Upon a vote, the Council will direct the POC to contact the independent
administrator to release funds to the Account. The Account is outside the State Treasury and not
managed by any state or local officials. The POC is responsible for payments to the qualified
entities selected by the Council for abatement fund awards. The POC will submit a monthly
financial statement on the Account to the Council.
An independent auditor appointed by the Council will perform an audit on the Account on an
annual basis and report its findings, if any, to the Council.
4
The Council is the sole decision -maker on the funding allocation process of the abatement funds.
The Council will develop the application and award process based on the parameters outlined
below. An entity seeking funds from the Council must apply for funds; no funds will be awarded
without an application. The executive director and personnel may assist the Council in gathering
and compiling the applications for consideration; however, the Council members are the sole
decision -makers of awards and funding determination. The Council will use the following
processes to award funds:
1. Statewide Funds. The Council will consider, adopt and approve the allocation
methodology attached as Exhibit C, based upon population health data and prevalence
of opioid incidences, at the Council's initial meeting. Adoption of such methodology
will allow each Region to customize the approved abatement strategies to fit its
communities' needs. The statewide regional funds will account for seventy-five (75)
percent of the total overall funds, less the one (1) percent administrative expense
described herein.
2. Targeted Funds. Each Region shall reserve twenty-five (25) percent of the overall
funds, for targeted interventions in the specific Region as identified by opioid incidence
data. The Council must approve on an annual basis the uses for the targeted abatement
strategies and applications available to every Region, including education and outreach
programs. Each Region without approved uses for the targeted funds from the Council,
based upon a greater percentage of opioid incidents compared to its population, is
subject to transfer of all or a portion of the targeted funds for that Region for uses based
upon all Regions' targeted funding needs as approved by the Council on an annual basis.
3. Annual Allocation. Statewide regional funds and targeted funds will be allocated on an
annual basis. If a Region lapses its funds, the funds will be reallocated based on all
Regions' funding needs.
The Council will establish an appeal process to permit the applicants for funding (state or
subdivisions) to challenge decisions by the Council -designated point of contact on requests for
funds or expenditures.
1. To challenge a decision by the designated point of contact, the State or a subdivision
must file an appeal with the Council within thirty (30) days of the decision. The Council
then has thirty (30) days to consider and rule on the appeal.
2. If the Council denies the appeal, the party may file an appeal with the state district court
of record where the final opioid judgment or Master Settlement Agreement is filed. The
Texas Rules of Civil Procedure and Rules of Evidence will govern these proceedings.
The Council may request representation from the Attorney General in these proceedings.
W,
In making its determination, the state district court shall apply the same clear error
standards contained herein that the Council must follow when rendering its decision.
3. The state district court will make the final decision and the decision is not appealable.
4. Challenges will be limited and subject to penalty if abused.
5. Attorneys' fees and costs are not recoverable in these appeals.
INWI . ,
The Council may determine that a percentage of the funds in the Abatement Fund from the targeted
funds be used to develop an education and outreach program to provide materials on the
consequences of opioid drug use, prevention and interventions. Any material developed will
include online resources and toolkits for communities.
Ci
EXHIBIT B
Exhibit B: Municipal Area Allocations: 15% of Total ($150 million
(County numbers refer to distribution to the county governments after payment to cities within
county borders has been made. Minimum distribution to each county is $1000.
Municipal Area
Allocation
Municipal Area
Allocation
Abbott
$688
Lakeport
$463
Abernathy
$110
Lakeside
$4,474
Abilene
$563,818
Lakeside City
$222
Ackerly
$21
Lakeview
$427
Addison
$58,094
Lakeway
$31,657
Adrian
$181
Lakewood Village
$557
Agua Dulce
$43
Lamar County
$141,598
Alamo
$22,121
Lamb County
$50,681
Alamo Heights
$28,198
Lamesa
$29,656
Alba
$3,196
Lampasas
$28,211
Albany
$180
Lampasas County
$42,818
Aledo
$331
Lancaster
$90,653
Alice
$71,291
Laredo
$763,174
Allen
$315,081
Latexo
$124
Alma
$1,107
Lavaca County
$45,973
Alpine
$29,686
Lavon
$7,435
Alto
$3,767
Lawn
$58
Alton
$11,540
League City
$302,418
Alvarado
$29,029
Leakey
$256
Alvin
$113,962
Leander
$88,641
Alvord
$358
Leary
$797
Amarillo
$987,661
Lee County
$30,457
Ames
$5,571
Lefors
$159
Amherst
$22
Leon County
$67,393
Anahuac
$542
Leon Valley
$23,258
Anderson
$19
Leona
$883
Anderson County
$268,763
Leonard
$8,505
Andrews
$18,983
Leroy
$176
Andrews County
$37,606
Levelland
$46,848
Angelina County
$229,956
Lewisville
$382,094
Angleton
$62,791
Lexington
$2,318
Angus
$331
Liberty
$72,343
Anna
$9,075
Liberty County
$531,212
Annetta
$5,956
Liberty Hill
$2,780
Annetta North
$34
Limestone County
$135,684
(Table continues on multiple pages below)
Annetta South
$602
Lincoln Park
$677
Annona
$738
Lindale
$24,202
Anson
$5,134
Linden
$3,661
Anthony
$4,514
Lindsay
$1,228
Anton
$444
Lipan
$44
Appleby
$1,551
Lipscomb County
$10,132
Aquilla
$208
Little Elm
$69,326
Aransas County
$266,512
Little River -Academy
$798
Aransas Pass
$57,813
Littlefield
$7,678
Archer City
$10,554
Live Oak
$32,740
Archer County
$45,534
Live Oak County
$39,716
Arcola
$7,290
Liverpool
$1,435
Argyle
$11,406
Livingston
$73,165
Arlington
$735,803
Llano
$23,121
Armstrong County
$974
Llano County
$115,647
Arp
$2,009
Lockhart
$49,050
Asherton
$112
Lockney
$3,301
Aspermont
$9
Log Cabin
$1,960
Atascosa County
$176,903
Lometa
$1,176
Athens
$105,942
Lone Oak
$1,705
Atlanta
$30,995
Lone Star
$8,283
Aubrey
$15,141
Longview
$482,254
Aurora
$1,849
Loraine
$188
Austin County
$76,030
Lorena
$3,390
Austin
$4,877,716
Lorenzo
$11,358
Austwell
$109
Los Fresnos
$11,185
Avery
$138
Los Indios
$159
Avinger
$1,115
Los Ybanez
$0
Azle
$32,213
Lott
$1,516
Bailey
$950
Lovelady
$249
Bailey County
$15,377
Loving County
$1,000
Bailey's Prairie
$5,604
Lowry Crossing
$783
Baird
$2,802
Lubbock
$319,867
Balch Springs
$27,358
Lubbock County
$1,379,719
Balcones Heights
$23,811
Lucas
$5,266
Ballinger
$9,172
Lueders
$508
Balmorhea
$63
Lufkin
$281,592
Bandera
$2,893
Luling
$29,421
Bandera County
$86,815
Lumberton
$36,609
Bangs
$3,050
Lyford
$3,071
Page 2
Bardwell
$362
Lynn County
$6,275
Barry
$200
Lytle
$7,223
Barstow
$61
Mabank
$19,443
Bartlett
$3,374
Madison County
$49,492
Bartonville
$8,887
Madisonville
$11,458
Bastrop
$46,320
Magnolia
$26,031
Bastrop County
$343,960
Malakoff
$12,614
Bay City
$57,912
Malone
$439
Baylor County
$29,832
Manor
$12,499
Bayou Vista
$6,240
Mansfield
$150,788
Bayside
$242
Manvel
$12,305
Baytown
$216,066
Marble Falls
$377039
Bayview
$41
Marfa
$65
Beach City
$127505
Marietta
$338
Bear Creek
$906
Marion
$275
Beasley
$130
Marion County
$547728
Beaumont
$6837010
Marlin
$217634
Beckville
$1,247
Marquez
$17322
Bedford
$947314
Marshall
$1087371
Bedias
$3,475
Mart
$928
Bee Cave
$127863
Martin County
$10,862
Bee County
$977844
Martindale
$27437
Beeville
$247027
Mason
$777
Bell County
$6507748
Mason County
$3,134
Bellaire
$417264
Matador
$17203
Bellevue
$56
Matagorda County
$1357239
Bellmead
$147487
Mathis
$157720
Bells
$17891
Maud
$423
Bellville
$77488
Maverick County
$1157919
Belton
$727680
Maypearl
$986
Benavides
$152
McAllen
$3647424
Benbrook
$437919
McCamey
$542
Benjamin
$951
McGregor
$97155
Berryville
$147379
McKinney
$4507383
Bertram
$182
McLean
$14
Beverly Hills
$47336
McLendon -Chisholm
$411
Bevil Oaks
$549
Mcculloch County
$207021
Bexar County
$770077152
Mclennan County
$5297641
Big Lake
$547
Mcmullen County
$17000
Big Sandy
$47579
Meadow
$17121
Page 3
Big Spring
$189,928
Meadowlakes
$905
Big Wells
$236
Meadows Place
$18,148
Bishop
$8,213
Medina County
$48,355
Bishop Hills
$323
Megargel
$611
Blackwell
$31
Melissa
$15,381
Blanco
$6,191
Melvin
$345
Blanco County
$49,223
Memphis
$7,203
Blanket
$147
Menard
$991
Bloomburg
$1,010
Menard County
$14,717
Blooming Grove
$352
Mercedes
$21,441
Blossom
$198
Meridian
$3,546
Blue Mound
$2,888
Merkel
$10,117
Blue Ridge
$1,345
Mertens
$239
Blum
$1,622
Mertzon
$29
Boerne
$45,576
Mesquite
$310,709
Bogata
$3,649
Mexia
$21,096
Bonham
$100,909
Miami
$455
Bonney
$2,510
Midland County
$279,927
Booker
$1,036
Midland
$521,849
Borden County
$1,000
Midlothian
$95,799
Borger
$69,680
Midway
$78
Bosque County
$71,073
Milam County
$97,386
Bovina
$173
Milano
$904
Bowie
$83,620
Mildred
$286
Bowie County
$233,190
Miles
$93
Boyd
$6,953
Milford
$6,177
Brackettville
$8
Miller's Cove
$97
Brady
$27,480
Millican
$417
Brazoria
$11,537
Mills County
$19,931
Brazoria County
$1,021,090
Millsap
$34
Brazos Bend
$462
Mineola
$48,719
Brazos Country
$902
Mineral Wells
$92,061
Brazos County
$342,087
Mingus
$189
Breckenridge
$23,976
Mission
$124,768
Bremond
$5,554
Missouri City
$209,633
Brenham
$54,750
Mitchell County
$20,850
Brewster County
$60,087
Mobeetie
$52
Briarcliff
$572
Mobile City
$2,034
Briaroaks
$57
Monahans
$5,849
Bridge City
$80,756
Mont Belvieu
$19,669
Page 4
Bridgeport
$33,301
Montague County
$94,796
Briscoe County
$977
Montgomery
$1,884
Broaddus
$31
Montgomery County
$2,700,911
Bronte
$99
Moody
$828
Brooks County
$20,710
Moore County
$40,627
Brookshire
$6,406
Moore Station
$772
Brookside Village
$1,110
Moran
$50
Brown County
$193,417
Morgan
$605
Browndell
$152
Morgan's Point
$3,105
Brownfield
$14,452
Morgan's Point Resort
$8,024
Brownsboro
$3,176
Morris County
$53,328
Brownsville
$425,057
Morton
$167
Brownwood
$166,572
Motley County
$3,344
Bruceville-Eddy
$1,692
Moulton
$999
Bryan
$246,897
Mount Calm
$605
Bryson
$1,228
Mount Enterprise
$1,832
Buckholts
$1,113
Mount Pleasant
$65,684
Buda
$10,784
Mount Vernon
$6,049
Buffalo
$11,866
Mountain City
$1,548
Buffalo Gap
$88
Muenster
$4,656
Buffalo Springs
$188
Muleshoe
$4,910
Bullard
$7,487
Mullin
$384
Bulverde
$14,436
Munday
$2,047
Bunker Hill Village
$472
Murchison
$2,302
Burkburnett
$37,844
Murphy
$51,893
Burke
$1,114
Mustang
$7
Burleson County
$70,244
Mustang Ridge
$2,462
Burleson
$151,779
Nacogdoches
$205,992
Burnet
$33,345
Nacogdoches County
$198,583
Burnet County
$189,829
Naples
$4,224
Burton
$937
Nash
$7,999
Byers
$77
Nassau Bay
$11,247
Bynum
$380
Natalia
$625
Cactus
$4,779
Navarro
$334
Caddo Mills
$43
Navarro County
$103,513
Caldwell
$18,245
Navasota
$37,676
Caldwell County
$86,413
Nazareth
$124
Calhoun County
$127,926
Nederland
$44,585
Callahan County
$12,894
Needville
$10,341
Callisburg
$101
Nevada
$237
Page 5
Calvert
$772
New Berlin
$4
Cameron
$11,091
New Boston
$6,953
Cameron County
$537,026
New Braunfels
$307,313
Camp County
$28,851
New Chapel Hill
$288
Camp Wood
$422
New Deal
$338
Campbell
$1,116
New Fairview
$2,334
Canadian
$1,090
New Home
$9
Caney City
$2,005
New Hope
$1,024
Canton
$56,734
New London
$4,129
Canyon
$26,251
New Summerfield
$442
Carbon
$620
New Waverly
$2,562
Carl's Corner
$48
Newark
$520
Carmine
$385
Newcastle
$914
Carrizo Springs
$1,671
Newton
$6,102
Carrollton
$310,255
Newton County
$158,006
Carson County
$29,493
Neylandville
$163
Carthage
$18,927
Niederwald
$16
Cashion Community
$322
Nixon
$2,283
Cass County
$93,155
Nocona
$16,536
Castle Hills
$12,780
Nolan County
$50,262
Castro County
$4,420
Nolanville
$4,247
Castroville
$4,525
Nome
$391
Cedar Hill
$70,127
Noonday
$226
Cedar Park
$185,567
Nordheim
$697
Celeste
$1,280
Normangee
$6,192
Celina
$18,283
North Cleveland
$105
Center
$58,838
North Richland Hills
$146,419
Centerville
$385
Northlake
$8,905
Chambers County
$153,188
Novice
$76
Chandler
$17,364
Nueces County
$1,367,932
Channing
$2
O'Brien
$76
Charlotte
$4,257
O'Donnell
$27
Cherokee County
$156,612
Oak Grove
$2,769
Chester
$1,174
Oak Leaf
$612
Chico
$2,928
Oak Point
$9,011
Childress
$37,916
Oak Ridge
$358
Childress County
$50,582
Oak Ridge North
$33,512
Chillicothe
$172
Oak Valley
$7
China
$522
Oakwood
$148
China Grove
$598
Ochiltree County
$15,476
Page 6
Chireno
$1,568
Odem
$7,420
Christine
$354
Odessa
$559,163
Cibolo
$13,690
Oglesby
$29
Cisco
$7,218
Old River-Winfree
$21,653
Clarendon
$114
Oldham County
$10,318
Clarksville
$20,891
Olmos Park
$9,801
Clarksville City
$54
Olney
$6,088
Claude
$26
Olton
$1,197
Clay County
$72,050
Omaha
$4,185
Clear Lake Shores
$6,682
Onalaska
$31,654
Cleburne
$228,184
Opdyke West
$479
Cleveland
$96,897
Orange
$311,339
Clifton
$9,939
Orange County
$689,818
Clint
$375
Orange Grove
$1,677
Clute
$51,350
Orchard
$867
Clyde
$17,287
Ore City
$6,806
Coahoma
$2,291
Overton
$7,900
Cochran County
$3,389
Ovilla
$13,391
Cockrell Hill
$512
Oyster Creek
$9,633
Coffee City
$1,087
Paducah
$125
Coke County
$5,522
Paint Rock
$141
Coldspring
$447
Palacios
$14,036
Coleman
$5,442
Palestine
$178,009
Coleman County
$4,164
Palisades
$240
College Station
$258,147
Palm Valley
$1,918
Colleyville
$46,049
Palmer
$12,666
Collin County
$1,266,721
Palmhurst
$4,660
Collingsworth County
$19,234
Palmview
$7,577
Collinsville
$1,831
Palo Pinto County
$124,621
Colmesneil
$2,211
Pampa
$67,227
Colorado City
$8,405
Panhandle
$9,536
Colorado County
$49,084
Panola County
$80,699
Columbus
$6,867
Panorama Village
$1,292
Comal County
$396,142
Pantego
$12,898
Comanche
$16,503
Paradise
$52
Comanche County
$50,964
Paris
$201,180
Combes
$1,710
Parker
$10,307
Combine
$1,892
Parker County
$476,254
Commerce
$33,869
Parmer County
$15,866
Como
$415
Pasadena
$356,536
Page 7
Concho County
$3,859
Pattison
$1,148
Conroe
$466,671
Patton Village
$9,268
Converse
$27,693
Payne Springs
$1,770
Cooke County
$200,451
Pearland
$333,752
Cool
$731
Pearsall
$11,570
Coolidge
$243
Pecan Gap
$719
Cooper
$362
Pecan Hill
$229
Coppell
$86,593
Pecos
$7,622
Copper Canyon
$489
Pecos County
$46,997
Copperas Cove
$133,492
Pelican Bay
$1,199
Corinth
$75,298
Penelope
$415
Corpus Christi
$1,812,707
Penitas
$312
Corral City
$143
Perryton
$23,364
Corrigan
$21,318
Petersburg
$1,691
Corsicana
$87,310
Petrolia
$17
Coryell County
$123,659
Petronila
$5
Cottle County
$875
Pflugerville
$86,408
Cottonwood
$289
Pharr
$144,721
Cottonwood Shores
$1,203
Pilot Point
$11,613
Cotulla
$1,251
Pine Forest
$3,894
Coupland
$266
Pine Island
$3,141
Cove
$387
Pinehurst
$32,671
Covington
$519
Pineland
$4,138
Coyote Flats
$1,472
Piney Point Village
$15,738
Crandall
$12,094
Pittsburg
$20,526
Crane
$10,599
Plains
$129
Crane County
$26,146
Plainview
$60,298
Cranfills Gap
$128
Plano
$1,151,608
Crawford
$383
Pleak
$270
Creedmoor
$16
Pleasant Valley
$308
Cresson
$1,086
Pleasanton
$29,011
Crockett
$23,403
Plum Grove
$258
Crockett County
$18,210
Point
$1,519
Crosby County
$18,388
Point Blank
$355
Crosbyton
$1,498
Point Comfort
$447
Cross Plains
$4,877
Point Venture
$588
Cross Roads
$244
Polk County
$370,831
Cross Timber
$542
Ponder
$1,282
Crowell
$6,335
Port Aransas
$31,022
Crowley
$22,345
Port Arthur
$367,945
Page 8
Crystal City
$19,412
Port Isabel
$9,802
Cuero
$24,689
Port Lavaca
$11,752
Culberson County
$789
Port Neches
$38,849
Cumby
$5,320
Portland
$76,517
Cuney
$606
Post
$2,332
Cushing
$1,120
Post Oak Bend City
$1,034
Cut and Shoot
$2,141
Poteet
$6,767
DISH
$19
Poth
$3,974
Daingerfield
$12,476
Potter County
$371,701
Daisetta
$5,370
Pottsboro
$12,302
Dalhart
$11,609
Powell
$110
Dallam County
$21,686
Poynor
$1,180
Dallas County
$8,538,291
Prairie View
$7,600
Dallas
$2,999,902
Premont
$3,321
Dalworthington Gardens
$6,060
Presidio
$148
Danbury
$4,231
Presidio County
$787
Darrouzett
$101
Primera
$2,958
Dawson
$600
Princeton
$19,245
Dawson County
$46,911
Progreso
$8,072
Dayton
$47,122
Progreso Lakes
$39
Dayton Lakes
$38
Prosper
$22,770
De Kalb
$1,035
Providence Village
$508
De Leon
$8,218
Putnam
$14
De Witt County
$68,895
Pyote
$22
DeCordova
$13,778
Quanah
$207
DeSoto
$72,400
Queen City
$4,837
Deaf Smith County
$34,532
Quinlan
$7,304
Dean
$141
Quintana
$492
Decatur
$56,669
Quitaque
$8
Deer Park
$49,388
Quitman
$15,619
Del Rio
$59,056
Rains County
$53,190
Dell City
$15
Ralls
$3,967
Delta County
$30,584
Rancho Viejo
$3,836
Denison
$210,426
Randall County
$278,126
Denton
$458,334
Ranger
$12,186
Denton County
$1,132,298
Rankin
$1,613
Denver City
$2,104
Ransom Canyon
$930
Deport
$42
Ravenna
$685
Detroit
$965
Raymondville
$7,466
Devers
$191
Reagan County
$25,215
Page 9
Devine
$4,354
Real County
$5,073
Diboll
$25,533
Red Lick
$23
Dickens
$71
Red Oak
$26,843
Dickens County
$1,873
Red River County
$29,306
Dickinson
$83,683
Redwater
$1,058
Dilley
$2,633
Reeves County
$103,350
Dimmit County
$33,294
Refugio
$8,839
Dimmitt
$1,012
Refugio County
$46,216
Dodd City
$1,211
Reklaw
$1,136
Dodson
$447
Reno
$3,791
Domino
$196
Reno
$11,164
Donley County
$22,370
Retreat
$52
Donna
$13,798
Rhome
$12,285
Dorchester
$231
Rice
$1,972
Double Oak
$4,765
Richardson
$260,315
Douglassville
$574
Richland
$210
Dripping Springs
$811
Richland Hills
$24,438
Driscoll
$39
Richland Springs
$2,234
Dublin
$14,478
Richmond
$77,606
Dumas
$26,229
Richwood
$12,112
Duncanville
$58,328
Riesel
$1,118
Duval County
$49,109
Rio Bravo
$8,548
Eagle Lake
$4,882
Rio Grande City
$25,947
Eagle Pass
$56,005
Rio Hondo
$3,550
Early
$14,838
Rio Vista
$4,419
Earth
$242
Rising Star
$1,933
East Bernard
$5,554
River Oaks
$11,917
East Mountain
$2,494
Riverside
$858
East Tawakoni
$2,723
Roanoke
$275
Eastland
$15,896
Roaring Springs
$461
Eastland County
$52,275
Robert Lee
$85
Easton
$329
Roberts County
$547
Ector
$1,108
Robertson County
$44,642
Ector County
$480,000
Robinson
$18,002
Edcouch
$4,101
Robstown
$40,154
Eden
$497
Roby
$428
Edgecliff Village
$2,232
Rochester
$674
Edgewood
$13,154
Rockdale
$20,973
Edinburg
$120,884
Rockport
$54,253
Edmonson
$136
Rocksprings
$25
Page 10
Edna
$18,194
Rockwall
$114,308
Edom
$2,149
Rockwall County
$168,820
Edwards County
$975
Rocky Mound
$280
El Campo
$31,700
Rogers
$3,818
El Cenizo
$621
Rollingwood
$4,754
El Lago
$5,604
Roma
$16,629
El Paso
$1,224,371
Roman Forest
$8,610
El Paso County
$2,592,121
Ropesville
$2,122
Eldorado
$50
Roscoe
$778
Electra
$15,716
Rose City
$4,012
Elgin
$26,284
Rose Hill Acres
$2,311
Elkhart
$301
Rosebud
$1,489
Ellis County
$315,372
Rosenberg
$126,593
Elmendorf
$746
Ross
$147
Elsa
$7,720
Rosser
$549
Emhouse
$83
Rotan
$1,493
Emory
$3,878
Round Mountain
$454
Enchanted Oaks
$1,299
Round Rock
$475,992
Encinal
$1,515
Round Top
$140
Ennis
$81,839
Rowlett
$99,963
Erath County
$102,616
Roxton
$47
Escobares
$40
Royse City
$23,494
Estelline
$909
Rule
$800
Euless
$92,824
Runaway Bay
$6,931
Eureka
$334
Runge
$255
Eustace
$2,089
Runnels County
$33,831
Evant
$2,068
Rusk
$17,991
Everman
$7,692
Rusk County
$151,390
Fair Oaks Ranch
$8,077
Sabinal
$1,811
Fairchilds
$81
Sabine County
$46,479
Fairfield
$1,245
Sachse
$23,400
Fairview
$32,245
Sadler
$925
Falfurrias
$2,221
Saginaw
$31,973
Falls City
$41
Salado
$3,210
Falls County
$34,522
San Angelo
$536,509
Fannin County
$131,653
San Antonio
$4,365,416
Farmers Branch
$94,532
San Augustine
$25,182
Farmersville
$10,532
San Augustine County
$37,854
Farwell
$343
San Benito
$40,015
Fate
$3,473
San Diego
$11,771
Page 11
Fayette County
$92,440
San Elizario
$7,831
Fayetteville
$391
San Felipe
$1,498
Ferris
$13,873
San Jacinto County
$197,398
Fisher County
$5,518
San Juan
$28,845
Flatonia
$5,661
San Leanna
$36
Florence
$3,949
San Marcos
$325,688
Floresville
$21,699
San Patricio
$4,213
Flower Mound
$215,256
San Patricio County
$271,916
Floyd County
$9,049
San Perlita
$2,219
Floydada
$6,357
San Saba
$10,057
Foard County
$5,764
San Saba County
$17,562
Follett
$212
Sanctuary
$17
Forest Hill
$26,132
Sandy Oaks
$9,863
Forney
$80,112
Sandy Point
$1,637
Forsan
$576
Sanford
$308
Fort Bend County
$1,506,719
Sanger
$22,237
Fort Stockton
$4,411
Sansom Park
$223
Fort Worth
$2,120,790
Santa Anna
$329
Franklin
$3,931
Santa Clara
$87
Franklin County
$25,783
Santa Fe
$33,272
Frankston
$274
Santa Rosa
$2,138
Fredericksburg
$56,486
Savoy
$2,349
Freeport
$72,973
Schertz
$60,110
Freer
$3,271
Schleicher County
$5,695
Freestone County
$50,495
Schulenburg
$2,560
Friendswood
$140,330
Scotland
$148
Frio County
$19,954
Scottsville
$708
Friona
$2,848
Scurry
$1,110
Frisco
$405,309
Scurry County
$73,116
Fritch
$4,548
Seabrook
$30,270
Frost
$321
Seadrift
$991
Fruitvale
$2,344
Seagoville
$17,106
Fulshear
$5,272
Seagraves
$7,531
Fulton
$1,602
Sealy
$20,637
Gaines County
$54,347
Seguin
$376,538
Gainesville
$153,980
Selma
$22,429
Galena Park
$13,093
Seminole
$16,092
Gallatin
$1,253
Seven Oaks
$3,917
Galveston
$488,187
Seven Points
$7,452
Galveston County
$1,124,093
Seymour
$14,218
Page 12
Canado
$5,510
Shackelford County
$1,288
Garden Ridge
$11,351
Shady Shores
$594
Garland
$420,244
Shallowater
$1,907
Garrett
$2,510
Shamrock
$4,328
Garrison
$3,555
Shavano Park
$3,178
Gary City
$450
Shelby County
$109,925
Garza County
$8,944
Shenandoah
$47,122
Gatesville
$26,994
Shepherd
$147
George West
$6,207
Sherman
$330,585
Georgetown
$225,896
Sherman County
$7,930
Cholson
$1,505
Shiner
$4,042
Giddings
$12,674
Shoreacres
$958
Gillespie County
$63,191
Silsbee
$66,442
Gilmer
$33,951
Silverton
$14
Cladewater
$24,638
Simonton
$1,906
Glasscock County
$1,000
Sinton
$23,658
Glen Rose
$540
Skellytown
$400
Glenn Heights
$16,593
Slaton
$154
Godley
$3,115
Smiley
$655
Goldsmith
$677
Smith County
$758,961
Coldthwaite
$1,225
Smithville
$17,009
Goliad
$3,563
Smyer
$300
Goliad County
$34,660
Snook
$1,422
Colinda
$100
Snyder
$9,018
Gonzales
$14,882
Socorro
$11,125
Gonzales County
$33,230
Somerset
$1,527
Goodlow
$221
Somervell County
$57,076
Goodrich
$9,643
Somerville
$3,806
Gordon
$365
Sonora
$7,337
Coree
$749
Sour Lake
$17,856
Gorman
$3,107
South Houston
$25,620
Graford
$23
South Mountain
$154
Graham
$235,428
South Padre Island
$30,629
Cranbury
$71,735
Southlake
$70,846
Grand Prairie
$445,439
Southmayd
$7,096
Grand Saline
$36,413
Southside Place
$885
Grandfalls
$65
Spearman
$14,000
Grandview
$6,600
Splendora
$7,756
Granger
$2,741
Spofford
$7
Granite Shoals
$11,834
Spring Valley Village
$16,404
Page 13
Granjeno
$43
Springlake
$3
Grapeland
$7,287
Springtown
$14,244
Grapevine
$129,195
Spur
$427
Gray County
$65,884
St. Hedwig
$111
Grays Prairie
$17
St. Jo
$7,360
Grayson County
$539,083
St. Paul
$21
Greenville
$203,112
Stafford
$75,145
Gregg County
$243,744
Stagecoach
$3,036
Gregory
$4,697
Stamford
$398
Grey Forest
$474
Stanton
$3,838
Grimes County
$94,878
Staples
$19
Groesbeck
$5,745
Star Harbor
$151
Groom
$965
Starr County
$99,896
Groves
$40,752
Stephens County
$35,244
Groveton
$8,827
Stephenville
$83,472
Gruver
$1,166
Sterling City
$62
Guadalupe County
$146,824
Sterling County
$939
Gun Barrel City
$36,302
Stinnett
$4,097
Gunter
$4,609
Stockdale
$741
Gustine
$34
Stonewall County
$1,822
Hackberry
$94
Stratford
$8,378
Hale Center
$6,042
Strawn
$987
Hale County
$79,150
Streetman
$5
Hall County
$8,933
Sudan
$32
Hallettsville
$6,895
Sugar Land
$321,561
Hallsburg
$272
Sullivan City
$6,121
Hallsville
$10,239
Sulphur Springs
$124,603
Haltom City
$71,800
Sun Valley
$4
Hamilton
$3,581
Sundown
$2,592
Hamilton County
$66,357
Sunnyvale
$3,248
Hamlin
$4,656
Sunray
$2,571
Hansford County
$16,416
Sunrise Beach Village
$2,083
Happy
$327
Sunset Valley
$9,425
Hardeman County
$15,219
Surfside Beach
$6,530
Hardin
$100
Sutton County
$6,541
Hardin County
$379,800
Sweeny
$4,503
Harker Heights
$113,681
Sweetwater
$68,248
Harlingen
$165,429
Swisher County
$7,251
Harris County
$14,966,202
Taft
$5,861
Harrison County
$185,910
Tahoka
$430
Page 14
Hart
$86
Talco
$372
Hartley County
$786
Talty
$9,124
Haskell
$10,829
Tarrant County
$6,171,159
Haskell County
$22,011
Tatum
$972
Haslet
$1,908
Taylor
$57,945
Hawk Cove
$674
Taylor County
$351,078
Hawkins
$7,932
Taylor Lake Village
$412
Hawley
$931
Taylor Landing
$153
Hays
$506
Teague
$1,714
Hays County
$529,489
Tehuacana
$12
Hearne
$16,824
Temple
$280,747
Heath
$28,751
Tenaha
$4,718
Hebron
$687
Terrell
$148,706
Hedley
$70
Terrell County
$5,737
Hedwig Village
$13,067
Terrell Hills
$9,858
Helotes
$15,790
Terry County
$25,423
Hemphill
$8,035
Texarkana
$192,094
Hemphill County
$14,394
Texas City
$298,702
Hempstead
$21,240
Texhoma
$156
Henderson
$59,966
Texline
$865
Henderson County
$327,965
The Colony
$114,297
Henrietta
$2,720
The Hills
$1,004
Hereford
$20,423
Thompsons
$1,897
Hewitt
$19,776
Thorndale
$1,595
Hickory Creek
$16,510
Thornton
$270
Hico
$5,534
Thorntonville
$87
Hidalgo
$26,621
Thrall
$825
Hidalgo County
$1,253,103
Three Rivers
$4,669
Hideaway
$922
Throckmorton
$29
Higgins
$43
Throckmorton County
$5,695
Highland Haven
$320
Tiki Island
$2,178
Highland Park
$43,383
Timbercreek Canyon
$369
Highland Village
$50,315
Timpson
$12,642
Hill Country Village
$6,485
Tioga
$2,390
Hill County
$127,477
Tira
$185
Hillcrest
$5,345
Titus County
$70,611
Hillsboro
$46,609
Toco
$4
Hilshire Village
$859
Todd Mission
$1,680
Hitchcock
$28,796
Tolar
$2,369
Hockley County
$46,407
Tom Bean
$2,293
Page 15
Holiday Lakes
$1,795
Tom Green County
$282,427
Holland
$77
Tomball
$34,620
Holliday
$5,910
Tool
$14,787
Hollywood Park
$9,424
Toyah
$40
Hondo
$115,288
Travis County
$4,703,473
Honey Grove
$7,196
Trent
$63
Hood County
$292,105
Trenton
$3,089
Hooks
$2,702
Trinidad
$5,859
Hopkins County
$149,518
Trinity
$23,652
Horizon City
$7,520
Trinity County
$105,766
Horseshoe Bay
$48,173
Trophy Club
$29,370
Houston County
$78,648
Troup
$7,918
Houston
$7,021,793
Troy
$5,320
Howard County
$89,330
Tulia
$8,911
Howardwick
$84
Turkey
$737
Howe
$9,177
Tuscola
$138
Hubbard
$3,635
Tye
$1,766
Hudson
$6,840
Tyler
$723,829
Hudson Oaks
$15,637
Tyler County
$131,743
Hudspeth County
$985
Uhland
$1,545
Hughes Springs
$4,442
Uncertain
$185
Humble
$73,952
Union Grove
$994
Hunt County
$309,851
Union Valley
$666
Hunters Creek Village
$14,708
Universal City
$28,428
Huntington
$8,792
University Park
$50,833
Huntsville
$80,373
Upshur County
$128,300
Hurst
$99,187
Upton County
$8,499
Hutchins
$9,551
Uvalde
$18,439
Hutchinson County
$74,630
Uvalde County
$36,244
Hutto
$38,346
Val Verde County
$117,815
Huxley
$738
Valentine
$207
Idalou
$1,999
Valley Mills
$2,228
Impact
$8
Valley View
$1,824
Indian Lake
$473
Van
$6,206
Industry
$604
Van Alstyne
$43,749
Ingleside on the Bay
$142
Van Horn
$211
Ingleside
$40,487
Van Zandt County
$248,747
Ingram
$5,243
Vega
$974
Iola
$3,164
Venus
$9,792
Iowa Colony
$4,090
Vernon
$81,337
Page 16
Iowa Park
$23,487
Victoria
$84,598
Iraan
$56
Victoria County
$520,886
Iredell
$216
Vidor
$95,620
Irion County
$9,105
Vinton
$622
Irving
$427,818
Volente
$333
Italy
$5,349
Von Ormy
$513
Itasca
$8,694
Waco
$512,007
Ivanhoe
$26
Waelder
$3,427
Jacinto City
$14,141
Wake Village
$174
Jack County
$14,799
Walker County
$184,624
Jacksboro
$23,254
Waller County
$126,206
Jackson County
$37,984
Waller
$11,295
Jacksonville
$80,179
Wallis
$2,698
Jamaica Beach
$4,913
Walnut Springs
$183
Jarrell
$2,423
Ward County
$67,920
Jasper
$78,422
Warren City
$66
Jasper County
$248,855
Washington County
$83,727
Jayton
$63
Waskom
$5,346
Jeff Davis County
$8,500
Watauga
$33,216
Jefferson
$11,194
Waxahachie
$152,094
Jefferson County
$756,614
Weatherford
$207,872
Jersey Village
$36,347
Webb County
$505,304
Jewett
$9,338
Webberville
$1,280
Jim Hogg County
$12,718
Webster
$53,202
Jim Wells County
$166,539
Weimar
$5,830
Joaquin
$810
Weinert
$234
Johnson City
$3,581
Weir
$443
Johnson County
$408,692
Wellington
$9,111
Jolly
$26
Wellman
$383
Jones County
$22,001
Wells
$1,357
Jones Creek
$5,078
Weslaco
$73,949
Jonestown
$6,419
West
$3,522
Josephine
$881
West Columbia
$17,958
Joshua
$20,619
West Lake Hills
$17,056
Jourdanton
$9,600
West Orange
$42,452
Junction
$4,825
West Tawakoni
$6,995
Justin
$8,575
West University Place
$34,672
Karnes City
$11,632
Westbrook
$43
Karnes County
$35,249
Westlake
$41,540
Katy
$52,467
Weston
$266
Page 17
Kaufman
$27,607
Weston Lakes
$189
Kaufman County
$353,047
Westover Hills
$4,509
Keene
$38,296
Westworth Village
$7,842
Keller
$79,189
Wharton
$31,700
Kemah
$28,325
Wharton County
$72,887
Kemp
$6,419
Wheeler
$447
Kempner
$330
Wheeler County
$26,273
Kendall County
$100,643
White Deer
$1,273
Kendleton
$13
White Oak
$15,305
Kenedy
$676
White Settlement
$23,304
Kenedy County
$1,000
Whiteface
$155
Kenefick
$416
Whitehouse
$29,017
Kennard
$132
Whitesboro
$18,932
Kennedale
$21,024
Whitewright
$7,098
Kent County
$939
Whitney
$73
Kerens
$1,924
Wichita County
$552,371
Kermit
$5,652
Wichita Falls
$832,574
Kerr County
$218,452
Wickett
$87
Kerrville
$190,357
Wilbarger County
$55,124
Kilgore
$105,583
Willacy County
$24,581
Killeen
$535,650
Williamson County
$1,195,987
Kimble County
$20,480
Willis
$24,384
King County
$1,000
Willow Park
$26,737
Kingsville
$20,083
Wills Point
$43,765
Kinney County
$2,142
Wilmer
$426
Kirby
$8,752
Wilson
$12
Kirbyville
$10,690
Wilson County
$121,034
Kirvin
$2
Wimberley
$724
Kleberg County
$124,109
Windcrest
$12,908
Knollwood
$1,160
Windom
$1,087
Knox City
$1,962
Windthorst
$3,385
Knox County
$11,730
Winfield
$290
Kosse
$2,468
Wink
$120
Kountze
$19,716
Winkler County
$61,163
Kress
$186
Winnsboro
$28,791
Krugerville
$1,508
Winona
$319
Krum
$9,661
Winters
$6,229
Kurten
$686
Wise County
$289,074
Kyle
$51,835
Wixon Valley
$441
La Feria
$10,381
Wolfe City
$5,466
Page 18
La Grange
$9,623
La Grulla
$1,708
La Joya
$8,457
La Marque
$98,930
La Porte
$91,532
La Salle County
$14,975
La Vernia
$3,217
La Villa
$572
La Ward
$321
LaCoste
$159
Lacy -Lakeview
$11,599
Ladonia
$2,011
Lago Vista
$13,768
Laguna Vista
$3,689
Lake Bridgeport
$232
Lake City
$2,918
Lake Dallas
$25,314
Lake Jackson
$75,781
Lake Tanglewood
$613
Lake Worth
$20,051
Wolfforth
Wood County
Woodbranch
Woodcreek
Woodloch
Woodsboro
Woodson
Woodville
Woodway
Wortham
Wylie
Yantis
Yoakum County
Yoakum
Yorktown
Young County
Zapata County
Zavala County
Zavalla
$4,022
$267,048
$9,617
$358
$1,012
$1,130
$122
$20,340
$25,713
$376
$114,708
$2,072
$34,924
$20,210
$5,447
$44,120
$56,480
$38,147
$1,088
Page 19
EXHIBIT C
Exhibit C: TX Opioid Council & Health Care Region Allocations plus Administrative Costs
70% of Total ($700 million)
Health Care Region Allocation*: $693 million; Administrative Costs: $7 million
Region Counties in Health Care Region Allocation
Anderson, Bowie, Camp, Cass, Cherokee, Delta, Fannin, Franklin, Freestone, Gregg,
1 Harrison, Henderson, Hopkins, Houston, Hunt, Lamar, Marion, Morris, Panola, Rains,
Red, River, Rusk, Smith, Titus, Trinity, Upshur, Van, Zandt, Wood
$38,223,336
2
Angelina, Brazoria, Galveston, Hardin, Jasper, Jefferson, Liberty, Nacogdoches, Newton,
Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Tyler
$54,149,215
3
Austin, Calhoun, Chambers, Colorado, Fort Bend, Harris, Matagorda, Waller, Wharton
$120,965,680
4
Aransas, Bee, Brooks, De Witt, Duval, Goliad, Gonzales, Jackson, Jim Wells, Karnes,
Kenedy, Kleberg, Lavaca, Live Oak, Nueces, Refugio, San Patricio, Victoria
$27,047,477
5
Cameron, Hidalgo, Starr, Willacy
$17,619,875
6
Atascosa, Bandera, Bexar, Comal, Dimmit, Edwards, Frio, Gillespie, Guadalupe, Kendall,
Kerr, Kinney, La Salle, McMullen, Medina, Real, Uvalde, Val Verde, Wilson, Zavala
$68,228,047
7
Bastrop, Caldwell, Fayette, Hays, Lee, Travis
$50,489,691
8
Bell, Blanco, Burnet, Lampasas, Llano, Milam, Mills, San Saba, Williamson
$24,220,521
9
Dallas, Kaufman
$66,492,094
10
Ellis, Erath, Hood, Johnson, Navarro, Parker, Somervell, Tarrant, Wise
$65,538,414
Brown, Callahan, Comanche, Eastland, Fisher, Haskell, Jones, Knox, Mitchell, Nolan,
11
Palo Pinto, Shackelford, Stephens, Stonewall, Taylor
$9,509,818
Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth,
Cottle, Crosby, Dallam, Dawson, Deaf Smith, Dickens, Donley, Floyd, Gaines, Garza,
12
Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Lamb,
Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall,
Roberts, Scurry, Sherman, Swisher, Terry, Wheeler, Yoakum
$23,498,027
13
Coke, Coleman, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Pecos,
Reagan, Runnels, Schleicher, Sterling, Sutton, Terrell, Tom Green
$5,195,605
14
Andrews, Brewster, Crane, Culberson, Ector, Glasscock, Howard, Jeff Davis, Loving,
Martin, Midland, Presidio, Reeves, Upton, Ward, Winkler
$12,124,354
15 El Paso, Hudspeth $17,994,285
16 Bosque, Coryell, Falls, Hamilton, Hill, Limestone, McLennan $9,452,018
17 Brazos, Burleson, Grimes, Leon, Madison, Montgomery, Robertson, Walker, Washington $23,042,947
18 Collin, Denton, Grayson, Rockwall $39,787,684
Archer, Baylor, Clay, Cooke, Foard, Hardeman, Jack, Montague, Throckmorton, Wichita,
19 Wilbarger, Young $12,665,268
20 Jim Hm, Maverick, Webb, Zapata
Administrative Costs $7,000,000
* Each Region shall reserve 25% of its allocation for Targeted Funds under the guidelines of Exhibit A.
EXHIBIT B
SUBDIVISION SETTLEMENT PARTICIPATION FORM
EXHIBIT K
Subdivision Settlement Participation Form
Governmental Entity:
State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated July 21, 2021 ("Distributor Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Distributor Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
The Governmental Entity is aware of and has reviewed the Distributor Settlement,
understands that all terms in this Participation Form have the meanings defined therein,
and agrees that by signing this Participation Form, the Governmental Entity elects to
participate in the Distributor Settlement and become a Participating Subdivision as
provided therein.
2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the
filing of the Consent Judgment, secure the dismissal with prejudice of any Released
Claims that it has filed.
3. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Distributor Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Distributor
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's role
as provided in, and for resolving disputes to the extent provided in, the Distributor
Settlement. The Governmental Entity likewise agrees to arbitrate before the National
Arbitration Panel as provided in, and for resolving disputes to the extent otherwise
provided in, the Distributor Settlement.
K-1
7. The Governmental Entity has the right to enforce the Distributor Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Distributor Settlement, including, but not limited to, all provisions of
Part XI, and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in their official
capacity elected or appointed to serve any of the foregoing and any agency, person, or
other entity claiming by or through any of the foregoing, and any other entity identified in
the definition of Releasor, provides for a release to the fullest extent of its authority. As a
Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably
covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or
claimed, or to otherwise seek to establish liability for any Released Claims against any
Released Entity in any forum whatsoever. The releases provided for in the Distributor
Settlement are intended by the Parties to be broad and shall be interpreted so as to give
the Released Entities the broadest possible bar against any liability relating in any way to
Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Distributor Settlement shall be a complete bar to any Released
Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Distributor Settlement.
10. In connection with the releases provided for in the Distributor Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release, and that if known by him or
her would have materially affected his or her settlement with the debtor or
released parry.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the Effective Date, any and all Released Claims that may
exist as of such date but which Releasors do not know or suspect to exist, whether
through ignorance, oversight, error, negligence or through no fault whatsoever, and
which, if known, would materially affect the Governmental Entities' decision to
participate in the Distributor Settlement.
K-2
11. Nothing herein is intended to modify in any way the terms of the Distributor Settlement,
to which Governmental Entity hereby agrees. To the extent this Participation Form is
interpreted differently from the Distributor Settlement in any respect, the Distributor
Settlement controls.
I have all necessary power and authorization to execute this Participation Form on behalf of the
Governmental Entity.
Signature:
Name:
Title:
Date:
K-3
EXHIBIT K
Settlement Participation Form
Governmental Entity:
State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated July 21, 2021 ("Janssen Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Janssen Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
The Governmental Entity is aware of and has reviewed the Janssen Settlement,
understands that all terms in this Election and Release have the meanings defined therein,
and agrees that by this Election, the Governmental Entity elects to participate in the
Janssen Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the
filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has
filed.
3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Janssen
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's role
as provided in, and for resolving disputes to the extent provided in, the Janssen
Settlement.
7. The Governmental Entity has the right to enforce the Janssen Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Janssen Settlement, including but not limited to all provisions of
86
Section IV (Release), and along with all departments, agencies, divisions, boards,
commissions, districts, instrumentalities of any kind and attorneys, and any person in
their official capacity elected or appointed to serve any of the foregoing and any agency,
person, or other entity claiming by or through any of the foregoing, and any other entity
identified in the definition of Releasor, provides for a release to the fullest extent of its
authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally,
and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be
brought, filed, or claimed, or to otherwise seek to establish liability for any Released
Claims against any Released Entity in any forum whatsoever. The releases provided for
in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted
so as to give the Released Entities the broadest possible bar against any liability relating
in any way to Released Claims and extend to the full extent of the power of the
Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to
any Released Claim.
9. In connection with the releases provided for in the Janssen Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release that, if known by him or her,
would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the Effective Date, any and all Released Claims that may
exist as of such date but which Releasors do not know or suspect to exist, whether
through ignorance, oversight, error, negligence or through no fault whatsoever, and
which, if known, would materially affect the Governmental Entities' decision to
participate in the Janssen Settlement.
10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to
which Governmental Entity hereby agrees. To the extent this Election and Release is
interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement
controls.
I have all necessary power and authorization to execute this Election and Release on behalf of
the Governmental Entity.
Signature:
Name:
Title:
Date:
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 25, 2021
Requested By: Lindsay French, Rec. Super.
Department: Parks & Recreation
• Report c - Resolution (- Ordinance
Exhibits: Athletic Field Specialists Quote
BuyBoard Verification
Photos
Appropriation
Source of Funds: 032 (Park Zone #1)
Account Number:
Amount Budgeted: $64,000
Amount Requested: $64,000
Budgeted Item: �*' Yes �' No
SUMMARY & RECOMMENDATION
Laser grading and lip removal is recommended to be completed on a regular basis. It
was decided in 2017, that we would laser grade and complete heavy infield maintenance
on ballfields every three (3) years. Laser grading ensures that ballfields are sloped
correctly to allow for optimal drainage as well as providing a better playing surface for the
infield. Removing the infield lips allows for better drainage as well as preventing the
baseball / softball from unpredictable bounces. With improved drainage, drying times after
rains, and field maintenance due to standing water is greatly reduced. The last heavy
infield maintenance took place in 2017. Athletic Field Specialists has supplied us with the
attached quote to get the project completed in calendar year 2021. The work would be
completed in December, after Sunday Select and Fall Ball is finished. This completion
time would be contingent on any weather delays. Athletic Field Specialists is a Buy Board
Vendor, so a formal bid process is not required. Athletic Field Specialists is our provider
for higher quality red dirt and also completed the infield maintenance in 2017 Also, La
Porte ISD uses this vendor to work on their High School Baseball Fields, as well as the
football fields at Lomax Junior High and La Porte Junior High.
Maintenance on all ten (10) fields will cost $64,000 and include the following:
• Remove lips on all fields as needed and replace
• Add red infield dirt and till with existing dirt
Laser grade each field
Rebuild pitching mounds and sod the area in front of mounds
Add infield conditioner to each field
Staff recommends that City Council authorize Staff to accept the quote and award the
project to Athletic Field Specialists.
ACTION REQUIRED BY CITY COUNCIL
Authorizing staff to accept the quote from Athletic Field Specialist utilizing
BuyBoard Contract #641-21 in the amount of $64,000 for the reconstructing all 10
fields at Pecan Park.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager
Date
Athletic Field Specialists
15059 FM 1094
Cat Spring, Texas 78933
Name / Address
City of La Porte
604 W. Fairmont Parkway
LaPorte, Texas 77571
Estimate
Date
Estimate #
9/7/2021
1201
Description
Qty
Cost
Total
Pecan Park Field Renovations:
64,000.00
64,000.00
Fields 1, 2, 3, & 4:
Sod cut lips back 4ft.
Laser grade fields
Fields 5 & 6:
Install 2 trucks of clay for each field
Sod cut lips back 4ft.
Sod cut around mounds
Rebuild both mounds
Laser grade
Fields 7 & 8:
Install 2 trucks of clay for each field
sod cut lips
Laser grade
Fields 9 & 10:
Install 1 truck of clay for each field
Sod cut lips
Laser grade
Add conditioner to all fields and new sod after lip removal
Subtotal
Sales Tax (6.75%)
Phone # Total
281-961-2528
Accepted by
Page 1
Athletic Field Specialists
15059 FM 1094
Cat Spring, Texas 78933
Name / Address
City of La Porte
604 W. Fairmont Parkway
LaPorte, Texas 77571
Estimate
Date
Estimate #
9/7/2021
1201
Description
Qty
Cost
Total
BuyBoard Contract #641-21
Indoor and Outdoor Sports Surfaces, Repair and Renovation and
Gym Floor Refinishing
Subtotal $64,000.00
Sales Tax (6.75%) $0.00
Phone # Total
281-961-2528 $64,000.00
Accepted by
Page 2
Vendor Name
Athletic Field Specialists
Contact
Kelly Webb
Phone Number
2819612528
Email
afskellyann@gmail.com
Website
www.athleticfieldspecialists.com
Federal ID
20-1105051
Accepts RFQs
Yes
Address Line 1
15059 FM 1094
Vendor City
Cat Spring
Vendor Zip
78933
Vendor State
TX
Vendor Country
USA
Delivery Days
5
Freight Terms
FOB Destination
Payment Terms
Net 30 days
Shipping Terms
Pre -paid and added to invoice
Ship Via
Common Carrier
Is Designated Dealer
No
EDGAR Forms Received
Yes
Service -Disabled Veteran Owned
No
Minority Owned
No
Women Owned
No
Is National
Yes
No Excluded Foreign Terrorist Orgs Yes
No Israel Boycott Certificate
Yes
Is MWBE
No
Regions Served
3, 4, 5, 6, 12, 13, 20
States Served
Texas
Contract Name
Indoor and Outdoor Sports Surfaces, Repair and Renovation
and Gym Floor Refinishing
Contract #
641-21
Effective Date
06/01/2021
Expiration Date
05/31/2024
Quote Reference Number
641-21
Return Policy
Depends on items being returned.
10/7/2021 8:59:42 AM
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4
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:October 25, 2021
015 -EDC
Requested By:Lindsay French, Rec. Super.Source of Funds:
Department:Parks & Recreation
015-8080-552-1100
Account Number:
$600,000
Amount Budgeted:
ReportResolutionOrdinance
$589,037
Amount Requested:
Exhibits:Krafstman, LLCQuote #Q71092, Kraftsman,
Budgeted Item:YesNo
LLCSite Plan
SUMMARY& RECOMMENDATION
The addition of a splash park at Fairmont Park West was discussed with City Council at
the March 23, 2019 Pre-Budget Retreat. The approved budget for this project totals
$600,000and is funded through the Economic Development Corporation Fund
($400,000) and General Fund ($200,000).
Priorto 2020, Fairmont Park West had a neighborhood pool that was managed by the
Homeowners AssociationThe pool was removed inOctober of 2020 with plans to place
a playground and splash parkat the site. The City installed the playground in May 2021.
The Parks and Recreation Department is now ready to begin installation of the splash
park in hopes to have it completed by March 2022. The splash park will be approximately
3000 square feet, have 16 water features and will be equipped with a wired activator
button for use($509,980.61). In addition to the Splash Park, the quote includes the
installation ofsix (6) picnic tables allwith shade structures as well as two(2)sidewalks to
attach the parking lot to the Splash Park and the playground($62,639.76). Miscellaneous
fees for construction documents, bonds,etcPurchasing the splash park
and amenities through this BuyBoard contractwill allow the city to realize a savings of
$74,242.21.
Staff recommends authorizing the City Manager to execute a contract with Kraftsman,
LLCfor purchase and installation of a newSplash Park, shade structures and picnic
tables at Fairmont Park Westin the amount of $535,488.94, under Texas buy Board
Contract Number 592-19, including a contingency amount of $53,548.89for a total
authorization of $589,037.83.
ACTION REQUIRED BY CITY COUNCIL
Authorize the City Manager to execute a contract with Kraftsman, LLC utilizing
BuyBoard Contract #592-19 in the amount of $535,488.94for the installation of a
new Splash Park, shade structures and picnic tables and Fairmont Park West
with a contingency amount of $53,548.89 for a total authorization of $589,037.83.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
Vendor Contract Information Summary
Vendor NameKraftsman Commercial Playgrounds and Water Parks
ContactTonia Bennett
Phone Number2813539599
Emailbuyboard@kraftsmanplay.com
Websitewww.kraftsmanplay.com
Federal ID26-0435158
Accepts RFQsYes
Address Line 119535 Haude Road
Vendor CitySpring
Vendor Zip77388
Vendor StateTX
Vendor CountryUSA
Delivery Days150
Freight TermsFOB Destination
Payment TermsNet 30 Days
Shipping TermsPre-paid and added to invoice
Ship ViaCommon Carrier
Is Designated DealerNo
EDGAR Forms ReceivedYes
Service-Disabled Veteran OwnedNo
Minority OwnedNo
Women OwnedNo
Is NationalYes
No Excluded Foreign Terrorist OrgsYes
No Israel Boycott CertificateYes
Is MWBENo
Regions ServedAll Texas Regions
States ServedArkansas, Louisiana, Oklahoma, Tennessee, Texas
Contract NameParks and Recreation Equipment and Field Lighting Products
Contract #592-19
Effective Date10/01/2019
Expiration Date09/30/2022
Quote Reference Number592-19
Return Policy20% + shipping and handling
10/7/2021 8:52:54 AM
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KraftsmanQuote#Q71092
COMMERCIAL PLAYGROUNDS &
Page: 1
WATER PARKS
19535 Haude Road
Date:9/7/2021
Spring, TX 77388
21144
Project:
Phone: (281) 353-9599 Fax: (281) 353-2265
David Ondrias
By:
:
:
o
La Porte Parks & Recreation Department
o
La Porte, City of
T
T
d
Lindsay French
p
Mr. Scott Bradley
l
i
o
h
S
La Porte Rustic Gate Fairmont Park West SplashPark
S
La Porte Rustic Gate Fairmont Park West SplashPark
1322 South Broadway
9801 Rustic Gate
La PorteTX77571
La PorteTX77571
Phone:Fax:
Main Phone:Mobile Phone:
281-470-5138
281-470-5141281-204-5293
Terms:
Percentage Completed Draws Monthly
QtyProduct DescriptionSizeWeightColorUnit PriceExt. Price
Option 5
Drawing KPS-21144A-5
Dated 08/23/2021
DISCBBProposal includes Discount on
BuyBoard Purchase, BuyBoard
Contract #592-19
1W010A Mushroom Maze™ (no Activator).30-404,651.004,651.00
By: Water Odyssey.
1CUSTOMTHECustom Theme Painting of Water465.10465.10
MEOdyssey Feature
1W011B Jet Way™. By: Water Odyssey.91,453.001,453.00
1CUSTOMTHECustom Theme Painting of Water145.30145.30
MEOdyssey Feature
1W071C Water Flower™. By: Water101,889.001,889.00
Odyssey.
1CUSTOMTHECustom Theme Painting of Water188.90188.90
MEOdyssey Feature
1W085D Splash-O-Lator™. By: Water71,889.001,889.00
Odyssey.
1CUSTOMTHECustom Theme Painting of Water188.90188.90
MEOdyssey Feature
1W185-LCE Tidal Bucket™, NO CONTROLLER,5-1031,316.0031,316.00
with top cover. By: Water Odyssey.
1CUSTOMTHECustom Theme Painting of Water3,131.603,131.60
MEOdyssey Feature
3W350F Flutterby Ring™ (single coil Water1011,336.0034,008.00
Ring™) with carved butterfly figurine
by Water Odyssey
1CUSTOMTHECustom Theme Painting of Water3,400.803,400.80
MEOdyssey Feature
1W292G Little Sqwerts™ Frog Sprayer. By:129,592.009,592.00
Water Odyssey
1W294H Little Sqwerts™ Turtle Sprayer. By:129,592.009,592.00
Water Odyssey
KraftsmanQuote#Q71092
COMMERCIAL PLAYGROUNDS &
Page: 2
WATER PARKS
19535 Haude Road
Date:9/7/2021
Spring, TX 77388
21144
Project:
Phone: (281) 353-9599 Fax: (281) 353-2265
David Ondrias
By:
1FF3023I Fun Forms™ Beatrice Butterfly Aqua3 GPM4,796.004,796.00
Spout by Water Odyssey@ 3
PSI
1FF3025J Fun Forms™ Delilah Dragonfly Aqua8 GPM5,959.005,959.00
Spout by Water Odyssey@ 4
PSI
1FF3020K Fun Forms™ Sunflower Aqua Spout1 GPM2,761.002,761.00
by Water Odyssey@ 15
PSI
1W061L Daisy Raindrop™. By: Water1517,149.0017,149.00
Odyssey.
1CUSTOMTHECustom Theme Painting of Water1,714.901,714.90
MEOdyssey Feature
1FF2040M Fun Forms™ Petunia Aqua Sprayer20 GPM17,585.0017,585.00
by Water Odyssey@ 5
PSI
1W006N Aqua Arch™. By: Water Odyssey.51,599.001,599.00
1CUSTOMTHECustom Theme Painting of Water159.90159.90
MEOdyssey Feature
1W043O Dandelion Dome™. By: Water51,744.001,744.00
Odyssey.
1CUSTOMTHECustom Theme Painting of Water174.40174.40
MEOdyssey Feature
1W125Simple Spray™. By: Water Odyssey18brass1,308.001,308.00
1W009Touch & Go™ Vibration Bollard,4,360.004,360.00
Wired, Hockey Puck Style with
handprint by Water Odyssey
1WMF-16PWater distribution Manifold, Flanged28,049.0028,049.00
4" Stainless Steel Manifold for Wall
Mount Installation w/pressure gauge,
drain valve, water hammer arrestor,
(2) Full Flanged 4"S inlet
connections; (16) discharge
assemblies each w/(1) true union ball
valve and (1) 24VAC glass filled
plastic solenoid valve. NOTE: Water
pressure to the manifold must not
exceed 50 psi. The installer must
ensure this requirement is met. By
Water Odyssey
1DSC-16-16Dynamic Sequence Controller with 1611,336.0011,336.00
hard-wired inputs and 16 outputs
mounted in a NEMA4X housing. By:
Water Odyssey.
1AKWFS200Aquakraft Water Filtration System -39,445.0039,445.00
200 GPM
KraftsmanQuote#Q71092
COMMERCIAL PLAYGROUNDS &
Page: 3
WATER PARKS
19535 Haude Road
Date:9/7/2021
Spring, TX 77388
21144
Project:
Phone: (281) 353-9599 Fax: (281) 353-2265
David Ondrias
By:
1CRS-5Pulsar CRS System, 5 gallon5 gal.2,778.002,778.00
container, with pumps. CRS™
improves water clarity and efficiently
traps Crypto. Pulsar CRS should be
used in conjunction with a proper
sanitizer as another layer of
protection in a total risk management
program. Pulsar CRS works by
trapping microorganisms such as
Cryptosporidium in stable flocs that
are carried to the filter media and
then filtered out. Consult Health
department guidelines for proper
chlorine residuals, water balance and
equipment maintenance should
always be followed
1WRHT4Water Reservoir Holding Tank, 4000400026,895.0026,895.00
Gallon, Concrete with epoxy coatedGallon
interior, with access lid and hatch;
1½” Automatic fill valve with wall
penetration; overflow and all
penetrations as required by project
design, delivered by AquaKraft
2SPLASHDRAISplashPark Large capacity deck drain3502,200.004,400.00
N24” square, 8” side outlet, withGPM
Fiberglass grate. By Kraftsman
1ENCLOSURE1Chain Link fence enclosure with21,175.0021,175.00
6X12X8lockable walk gate and metal roof to
protect and cover filtration
equipment, pumps, and feature
controllers.
256CONC5RBConcrete Pad, 5” thick concrete pad13.503,456.00
with, rebar reinforced, broom finish,
minimum 500 sq. ft.
2945SPLASHDECKSpray Play Pad, 5” thick concrete padSF14.4542,555.25
with slope to drains, rebar reinforced,
light broom finished to help prevent
the possibility of slippage (no
coloring or top coat), By: Kraftsman
2945KRAFTKOATKraftKoat Spray Play Deck coating,sfchoice 1 of9.0026,505.00
1000 SF minimum, modified19
cementious top coating concrete
overlay. Coating is to provide slip
resistance, cool deck surface (when
used with light colored sealers) and
architectural appearance. Single
color from selection of 19 standard
colors.
Addit. Improvements
KraftsmanQuote#Q71092
COMMERCIAL PLAYGROUNDS &
Page: 4
WATER PARKS
19535 Haude Road
Date:9/7/2021
Spring, TX 77388
21144
Project:
Phone: (281) 353-9599 Fax: (281) 353-2265
David Ondrias
By:
3KSHCANTILECustom T, Cantilever Shade Canopy,6,788.0020,364.00
VER20’ x 15’ x 8’ eave height with glide
elbows,2 columns mounted on base
plates below surface, by Superior
Shade
25842
6PIERS24X060Concrete piers, for pavilion & canopy24”1,887.0011,322.00
columns, with anchor bolts set ifX60”
required, By: Kraftsman
580CONC5RBConcrete Pad for two T-Cantilevers,13.507,830.00
5” thick concrete pad with, rebar
reinforced, broom finish, picnic table
area.
456CONC5RBConcrete Pad for 3rd, stand-alone, T-13.506,156.00
Cantilever, 5” thick concrete pad
with, rebar reinforced, broom finish.
323CONC5RBConcrete Sidewalk to SplashPark, 5”13.504,360.50
thick concrete pad with, rebar
reinforced, broom finish.
277CONC5RBConcrete Sidewalk to existing13.503,739.50
playground entry ramp, 5” thick
concrete pad with, rebar reinforced,
broom finish.
4T6RCRegal 6 Ft Rectangular Table, 26’1,054.314,217.24
Attached 6Ft. Seats, Rounded
Corners, 3/4" #9 Expanded Metal,
Two 2 3/8" Legs, Portable by
Superior Site Amenities
2T6RCHDCPRegal 6 Ft ADA Table, 2 Attached 46’1,039.232,078.46
Ft. Seats, Rounded Corners, 3/4" #9
Expanded Metal, Two 2 3/8" Legs,
Portable by Superior Site Amenities
12CLAMPSurface Mount Clamp for Portablen/a28.00336.00
Tables (set of 2) by Superior Site
Amenities
3TR32UL32 Gallon UltraLeisure Trash32 Gal325.23975.69
Receptacle, Standard Expanded
Metal, Liner and Lid Not Included, by
Superior Site Amenities
3LINER 32Rigid Plastic Liner for TR 32 byblack63.54190.63
Superior Site Amenities
3DOME32SSteel Dome Top for TR 22 and TR 32275.00825.00
By Superior Site Amenities
3CABLE-HDWECable and hardware to attach TR lids10.5031.50
to trash receptacle, by Superior Site
Amenities
KraftsmanQuote#Q71092
COMMERCIAL PLAYGROUNDS &
Page: 5
WATER PARKS
19535 Haude Road
Date:9/7/2021
Spring, TX 77388
21144
Project:
Phone: (281) 353-9599 Fax: (281) 353-2265
David Ondrias
By:
3TR-INGInground Mount Assembly for TR71.08213.24
trash receptacle by Superior Site
Amenities
1SRPSURCHGSMaterial Surcharge on Site Amenities1,247.461,247.46
ITEby Superior Recreational Products
1CONSTDOCSConstruction documentation, plans &8,500.008,500.00
as-builts by Kraftsman (no
engineered stamps or plans included)
1BOND1Performance & Payment Surety Bond,16,064.6716,064.67
and processing of the bond
documentation.
1INSURANCE-Name customer as additional insured0.00
AIon General Liability Policy and
processing of coverage.
1TRAIN 1One day of technical support0.00
personnel on site to assist with
balancing features, system start up,
and 4 hours of staff training. By:
Kraftsman
Subtotal:
$456,266.94
Shipping & Handling:
$11,298.65
Discount:
($74,242.21)
Equipment Subtotal:
$393,323.38
Tax:
$0.00
Install:
$142,165.56
Total:
$535,488.94
KraftsmanQuote#Q71092
COMMERCIAL PLAYGROUNDS &
Page: 6
WATER PARKS
19535 Haude Road
Date:9/7/2021
Spring, TX 77388
21144
Project:
Phone: (281) 353-9599 Fax: (281) 353-2265
David Ondrias
By:
General Terms and Conditions
Sold To:La Porte Parks & Recreation Department Ship To:La Porte Rustic Gate Fairmont Park
West SplashPark
Terms:Percentage Completed Draws Monthly
CONDITIONS OF SALE
1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an
extra charge over and above the contract.
2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman. All returns are subject to restocking fee
of 25% plus freight charges incurred for return to original shipment origination.
3. Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to
enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is
not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to
Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive
any damages or costs due as awarded by the court.
4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue in Harris County.
5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and
workmanship. See catalogs or attached drawings for specific layouts, warranties, and specifications .
6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors.
7. A service charge of 1.5% per month will be assessed on all past due amounts.
8. Payments to Kraftsman by credit card will incur a processing fee of 4% for Visa and MasterCard, and 6% for American Express.
9. Installation services include all labor, equipment required to complete the job, and insurance coverage’s as required by law. Extra
installation charges will incur for abnormal sub surfaces, ie. rock, landfill, etc. Price quoted includes Kraftsman’s standard insurance
coverages of $2 million in General Liability & Completed operations, $1 million in Automobile Liability, $1 million per occurrence/$2 aggregate
in Workman’s Compensation. Any charges by Kraftsman’s insurance carrier or agents for adding General Contractor or Owner as additional
insured, waivers of subrogation, or changes to standard coverage shall be added to contract charges. No performance bond or labor and
material payment bonds shall be provided by Kraftsman, unless listed as individual line item in proposal.
10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities, and irrigations systems during
installation. It is the customers responsibility to locate all underground utilities.
11. Building permits required by local or state authorities & municipalities are not included and are the responsibility of the owner of the
property, unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our
office and we will provide a quote if not included as a line item within this proposal.
12. This proposal may be withdrawn by Kraftsman if not accepted within thirty (30) days.
Respectfully Submitted: ______________________________________ Date:September 7, 2021
David Ondrias
Acceptance of Proposal:
The prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through
probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees
incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract.
Authorized Signature: _________________________________
PO#:
Printed Name & Title : _________________________________
Date of Acceptance: _________________________
Authorized Signature: _________________________________
Printed Name & Title : _________________________________
WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT
Thank You! We Appreciate Your Business!
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:October 25, 2021
023-TechnologyFund
Requested By:Grady Parker, IT Manager
001 General Fund
Source of Funds:
Department:Administration/IT
023-9900-580.8023
001-6066-519.5007
Account Number:
ReportResolutionOrdinance
$364,737
Amount Budgeted:
Exhibits:Switches & RoutersUpgradeQuote.pdf
$364,736.90
Amount Requested:
Firewall Upgrade Quote.pdf
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
In 2016,the City of La Porteupgraded all the networking equipment in all city owned
facilities using Cisco branded devices. After six (6)years of service the hardware is
coming to their end of life cycle. In order to remainCriminal Justice Information Services
(CJIS) compliant, theCity must make sure all devices that have contact with CJIS
material are supported by the manufacture.
The City has a great working relationship with Datavox. This is the same vendor the
Citypurchased equipment from as well as received assistance for the initial installof
the equipment.Technology staff met with three (3)different vendors:1) Datavox,who
is a Cisco reseller, 2)Fortinet,who has their own proprietary networking equipment,
and 3) Waypoint,who is a reseller of Dell networking devices. All three (3)vendors
have great products and are top in the networking industry.The cost of the Cisco
hardware throughDatavox is $364,7363.90 compared to Fortinet at $531,299.79 and
Waypoint at $543,558.76. After reviewing their products as well as their hardware
quotes, Staff is recommending we continue using the Cisco networking hardware and
purchase this productthrough Datavox.The Cisco (Datavox) product is the best value
and staff has previous experience working with Cisco products, which aids in
productivity due to not having to learn another vendors product (i.e. Fortinet or
Waypoint).
Benefits:
The renewal is withDatavox,the City has worked with them overthe past 10
yearsandhas provided the City with great networking support.
The renewal ensures the Citycontinues to be CJIS compliant.
The renewalsupport and
warranty for the next 6 years.
Liabilities:
None noted
Staff recommends City Council approvethe upgrade of the networking hardware
with Datavox utilizing Texas DIR contract DIR-TSO-4167, in the amount of
$364,736.90.
ACTION REQUIRED BY CITY COUNCIL
Approve the upgrade of the networking hardware with Datavox
utilizing Texas DIR contract DIR-TSO-4167 in the amount of $364,736.90.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:October 25, 2021
023-TechnologyFund
Source of Funds:
Requested By:Grady Parker, IT Manager
Department:Administration/IT
023-9900-580.4050
Account Number:
$100,000
Amount Budgeted:
ReportResolutionOrdinance
$67,187.88
Amount Requested:
Exhibits:Quote.pdf
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
For the past three (3)years the Technology Division and the La Porte Police
Department (LPPD) havebeen replacing old outdated in-car Coban computer systems
with new mobile Dell tablets at a rate of four (4) per year.For the past year Technology
staff has been keeping the oldCoban computers functioning,but due to the rate of
failure staff isconfident the current Coban systems will not last another year. The
current Coban computer systems are no longer under warranty and replacement parts
are no longer being sold by the manufacture. Technology staff has been unable to
locate any spare devices or parts to keep in stock for potential failures.
Technology staff is recommendingthe replacement of the remaining 27
patrol units in-car computers with new Dell tablets, at a cost of $67,187.88. This will
keep all the LPPDpatrol units with one single technology foot print as well ensures
LPPD patrol hardware does not fail at a critical time.
Benefits:
This purchase will replace all the old and outdated Coban computers with new
Dell tablets.
By moving to a tablet based system when they reach end of life they will be
easily replaced without replacing cables.
Liabilities:
None noted
Staff recommends approval of the purchase of new Dell tabletsfrom Dell utilizing the
Texas DIR contract DIR-TSO-3763,inthe amount of $67,187.88.
ACTION REQUIRED BY CITY COUNCIL
Approve thepurchase of 27 new Dell tabletsfor the La Porte Police Department
to be installed in remaining patrol units with Dell utilizing Texas DIR contract DIR-
TSO-3763, in theamount of $67,187.88.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 25, 2021
Requested By:Ray Mayo, Director Source of Funds:Various 009
Department: Public Works
Account Number:N/A
Amount Budgeted:$825,130.00
ReportResolutionOrdinance
Amount Requested:$575,289.03
Exhibits:Vehicle and Equipment Quotes
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
Quotes were received through the Texas BuyBoardcooperative Purchasing Programs
for vehicles, equipmentand up-fittingeligible for replacement in the FY202122
Vehicle Replacement Program.This is the secondround of FY 2021-22 equipment
replacement purchase approvals.
There will be a replacement with the same type vehicle forten(10) Chevrolet police
package (PPV) Tahoes. One 2020 PPV Tahoe is being replaced asit was damaged in
an accident and totaled. TML has paid the claim in the amount of $39,800.00and the
balance is coming from motor pool lease fees.One truck is being upgradedfor EMS
for increased towing capabilities. There is onesame-type replacement for both Golf
Courseand Street Department.
VENDORBUDGET ITEMBUDGETEDBIDUSER
Caldwell (11) Chevrolet Tahoe $581,140.00$404,595.00PD Patrol
CountryPPV
Grapevine (1)Dodge Ram 2500$56,669.00$39,626.00EMS
Dodge
Chrysler
Jeep
WC Tractor (1)TS-6 New Holland $174,147.00$117,356.60Streets
Inc.Tractor w/
Maverick Boom
deck
Professional (1)Greens-Pro $13,174.00$13,711.43Golf
Turf Greens Roller
Products
Totals825,130.00575,289.03
Miscellaneous:
a) The vehicles to be purchased with this agenda request will replace existing vehicles
that are now at the end of their service lives with funding from the Vehicle Replacement
Fund, with the exception of one 2020 Patrol Tahoe.
b) The budgeted amount listed in the table for the replacement vehicles represents the
total funds deposited by each department through FY 2020-21 in the form of lease fees
paid by the department over the lease term designated for each vehicle. The amount
of $39,800.00 was provided by TML as an insurance claim.
c) The amounts listed in the table for vehicles/equipment are the funding amounts
approved by Council for the FY 2021-22 budget for equipment replacement. Each
division will pay lease fees over the life of the units to establish a funded amount for
future replacements.
d) The balance remaining (funded amount minus replacement costs) either remains in
the divisional motor pool account to pre-fund a portion of the replacement vehicle or is
sometimes utilized by the division for up-fitting equipment. (e.g. light bar, trailer hitch,
patrol unit up-fitting).
Staff recommends purchase of the listed vehicles and equipment through cooperative
purchasing programs. The Purchasing Division of the Finance Department has
reviewed the recommendation for vehicle and equipment purchases and is in support
of this recommendation. Contract pricing was checked on Cooperative Purchasing
Programs.
ACTION REQUIRED BY CITY COUNCIL
Approval or other action awarding the following purchases:
1. Eleven (11) Chevrolet Tahoes to Caldwell Country Chevrolet for $404,595.00;
2. One (1) Dodge Ram 2500 to Grapevine Dodge Chrysler Jeep for $39,626.00;
3. One (1) TS-6 New Holland Tractor with 28 foot Maverick Boom and Mower
deck to WC Tractor, Inc. for $117,356.60, and
4. One (1) Greens-Pro Greens Roller to Professional Turf Products, L.P. for
$13,711.43
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:October 25, 2021
N/A
Requested By:Teresa Evans, Director Source of Funds:
Department:Planning and Development
N/A
Account Number:
N/A
Amount Budgeted:
ReportResolutionOrdinance
N/A
Amount Requested:
Exhibits:Ordinance 2021-3847, Proposed land
Budgeted Item:YesNo
use map, Existing land use map, P & Z letter of
recommendation
SUMMARY& RECOMMENDATION
This item is a request for consideration to amend the City’s Future Land Use Plan
(FLUP) in conjunction with a request by Dawna Boudreaux of PALT Inc., applicant; on
behalf of Charles and Marjorie Pollard, owners; who are seeking approval of a Special
Conditional Use Permit (SCUP) in the Planned Unit Development (PUD) zoning district.
The proposed SCUP would allow for the development of a senior living (55+) multi-
family residential development on a 5.4-acre tract of land. The property in question is
located atthe 800 Block of McCabe Road, and legally described Part of Tract 5E,
Abstract 30, WP Harris Survey, Harris County, Texas.
The City’s Future Land Use Plan (FLUP) identifies this property as “Low Density
Residential” land use. In order to accommodate the proposed development, the FLUP
would need to be amended to allow for “Mid-High Density Residential” use.
The Planning and Zoning Commission, at their September 16, 2021, regular meeting,
voted 6-0 to recommend approval of the proposed Future Land Use Amendment.
ACTION REQUIRED BY CITY COUNCIL
Approve or deny Ordinance 2021-3847, an ordinance amending the City's Future
Land Use Map Component of the Comprehensive Plan for an approximately 5.4-
acre tract of land located at the 800 Block of McCabe Road and legally described
as Part of Tract 5E, Abstract 30, WP Harris Survey, Harris County, Texas, by
changing the land use designation from “Low Density Residential” to “Mid-High
Density Residential.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCENO.2021-3847
ANORDINANCE ADOPTING ANUPDATE TOTHE FUTURELAND USE MAP
COMPONENT OF THE COMPREHENSIVE PLAN OFTHECITY OF LA PORTE,
TEXAS, UPONRECOMMENDATION OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF LA PORTE,TEXAS,BY CHANGING THE
DESIGNTION OF A 5.4-ACRE TRACT OF LAND AT THE 800 BLOCK OF McCABE
ROAD AND BEING LEGALLY DESCRIBEDAS PART OF TRACT 5E, ABSTRACT 30,
WP HARRIS SURVEY, HARRIS COUNTY, TEXAS, FROM “LOW DENSITY
RESIDENTIAL” TO “MID-HIGH DENSITY RESIDENTIAL”; FINDING COMPLIANCE
WITH THE OPEN MEETINGSLAW;AND PROVIDING AN EFFECTIVE DATE
HEREOF
WHEREAS, Section 211.004 of the Texas Local Government Code provides that zoning
regulations must be adopted in accordance with a Comprehensive Plan; and
WHEREAS, Section 213.003 of the Texas Local Government Code provides that a
municipality may amend a Comprehensive Plan by ordinance, afterpublichearing and
review by the municipality's planning commission or department; and
WHEREAS, Section 213.003 of the Texas Local Government Code alsoprovidesthat
amunicipality mayestablish, in itscharter or by ordinance, procedures for adopting
and amending a Comprehensive Plan; and
WHEREAS, Chapter 106, "Zoning" Article I, Section 106-3, and Article II, Section 106-
65 of the Code of Ordinances of the City of La Porte, delegates to the Planning and
Zoning Commission the duty to review and make recommendations relevant to
modifications of the Comprehensive Plan and Zoning Ordinance; and
WHEREAS, the City of La Porte has a Comprehensive Plan, which Plan was adopted
by theCityCouncil of the City ofLa Porte,Texas in1986, and which Planhas beenthe
subject of multiple amendments since its adoption;
WHEREAS, pursuant to mandate of Chapter 106, "Zoning" of the Code ofOrdinances
ofthe City of La Porte, thePlanningand Zoning Commission of the City of LaPorte
has reviewed all elements of theComprehensive Plan, andas duly approved by the
City Councilof the City of La Porte, to consider possible amendments thereto; and
WHEREAS, at the La Porte Planning and Zoning Commission meeting which occurred
on September 16, 2021, the La Porte Planning and Zoning Commission reviewed the
Future Land Use Map component of the Comprehensive Plan for the purpose of
considering proposed amendments thereto, to change the designation for that 5.4-acre
tract of land located at the 800 Block of McCabe Road; legally described as Part of Tract
5E, Abstract 30, WP Harris Survey, Harris County, Texas, from its present designation of
“Low Density Residential”, to “Mid-High Density Residential”, and at the conclusion of such
review the La Porte Planning and Zoning Commission voted to recommend to the La
Porte City Council that it approve such amendment to the Future Land Use Plan component
;
of the Comprehensive Plan, to the La Porte City Council
NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITYOFLA
PORTE, TEXAS,THAT:
Section 1.That an amendmenttothe Future Land Use Map componentof the
Comprehensive Plan of the City of La Porte, Texas, which is incorporated
to this ordinance by reference herein and attached hereto asExhibit A,be
and ishereby authorized,approved, and adopted by the City Council of the
City of La Porte, Texas, after duly noticed public hearing held at its October
25, 2021, meeting, pursuant to the recommendations of the Planning and
Zoning Commission of the City of La Porte, Texas.
Section 2.TheCitySecretaryoftheCityof LaPorteorherdesignatedrepresentative
shall be required tomake thisamendment to the Comprehensive Plan
available to the public and duly mark and note the updated reference on
the Future Land Use Plan component of the Comprehensive Plan of the
City of La Porte, Texas.
Section 3. The City Council officially finds, determines, recites anddeclaresthat a
sufficientwritten notice of the date, hour, place and subject to this meeting
of the City Council was posted at a place convenient to the public at the
City Hall of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open tothepublicas required by law
at all times during which this ordinanceand the subject matter thereof has
been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents
and posting thereof.
Section 4. Thisordinance shall be in effect from and after its passage and approval.
th
PASSED ANDAPPROVED this, the 25day of OCTOBER, 2021.
CITY OF LA PORTE, TEXAS
______________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED:
__________________________ ____________________________
Lee Woodward,City SecretaryClark Askins, Assistant City Attorney
MHDR
JU
NIPE
R
PO
PROPOSED
FLUP MAP
SCUP
#21-91000004
PI
C
ORA
L
800 Block of
McCabe Rd.
Legend
MC CABE
Subject Parcel
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
LDR
1 inch = 188 feet
SEPTEMBER 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
MHDR
CURRENT
JU
NIPE
R
PO
FLUP MAP
SCUP
#21-91000004
PI
800 Block of
McCabe Rd.
Legend
MC CABE
Subject Parcel
LDR
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
1 inch = 226 feet
LLOW TREE
HO
SEPTEMBER 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
City of La Porte Planning and Development Department
Established 1892 Teresa Evans, Director
September 17, 2021
Honorable Mayor Rigby and CityCouncil
City of La Porte
RE:Request #21-91000004to Amend the Future Land Use Map
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a meeting on September 16, 2021
forarequestto amend the City’s Future Land Use Plan as adopted in the Comprehensive
Plan for a5.4acretract of land located at the 800 Block of McCabe Rd.; legally described
as Part of Tract 5E, Abstract 30, WP Harris Survey, Harris County, Texas. The request
was for approval of a change of the future land use designation from “Low Density
Residential” use to “Mid-High Density Residential” use.
The Commission voted 6-0to recommend approval of the proposed amendments to the
City’s Future Land Use Map.
Respectfully submitted,
On Behalf of thePlanning and Zoning Commission
City of La Porte 604 W. Fairmont ParkwayPhone: (281) 471-5020
Planning and Development La Porte, TX 77571-6215Fax: (281) 470-5005
www.laportetx.gov
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:October 25, 2021
Requested By:
Teresa Evans, Director Source of Funds:N/A
Department:
Planning & Development
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits: Ordinance2021-3848, P&Z Letter of
Budgeted Item:YesNo
Recommendation, Area map, Zoning map, Future
Land Use map, andApplication
SUMMARY&RECOMMENDATION
Dawna Boudreaux of PALT Inc., applicant; on behalf of Charles and Marjorie Pollard, owner;
requestsapproval of Special Conditional Use Permit (SCUP) 21-91000004, to allow for
the development of a senior living multi-family complex. The 5.4-acre site is located at
the 800 Block ofMcCabe Rd., and legally described as Part of Tract 5E, Abstract 30, WP
Harris Survey, Harris County, Texas.
The proposed site will consist of four (4) multi-family buildings with sixteen (16) units in
each building fora total ofsixty-four (64) units. The planalso includesan office
building/clubhouse, fitness center, swimming pool, and outdoor picnic areas.
As part of the SCUP approval process,the Planning and Zoning Commission has
recommendedeleven (11) conditions of approval.A number of these conditions were
added followingcomments from concerned citizens that were present for the Public
Hearing held on September 16, 2021. The majority of the concerns raised by the
residents centered on building height, drainage, lighting, and removal of existing
trees/landscaping on the site. The recommended conditions are as follow:
1.A site development plan shall be submitted in accordance with applicable
requirements of the CityofLaDevelopmentOrdinanceandshall
complywithallprovisionsofChapterofCodeof
Ordinances and all otherdepartmentreviewsand applicable laws and
ordinancesoftheCityofLaPorteandtheStateof Texas.
2.Permitted use on site will be described as Senior Living Multi-family and shall
be restricted toresidentsthatare55yearsofageandolder.
3.Except as otherwise provided in this SCUP, all use and area requirements
established in Chapter 106 of the La Porte Code of Ordinances for multi-family
residential developments in R-3 zoning districts shall apply.Allmulti-family
developmentrequirementswillneedtobemet.
4.Developmentshallincludeaclubhouse,fitnesscenter,andpool.
5.Permitteddensitywillnotexceed14units/acre.
6. No building or other structure shall exceed forty-five (45) feet in total height.
7. On site drainage and detention requirements must meet minimum Harris
County Flood Control District (HCFCD) standards.
8. Any onsite lighting or combination of lights which casts light on adjacent
residential property shall not exceed 0.4 foot-candles (meter reading) as
measured from such property.
9. A Traffic Impact Analysis (TIA) will be performed and submitted to the City for
review prior to the approval of the required site plan.
10. There shall be at minimum, a one hundred (100) foot wide landscape buffer
along the southern property line adjacent to the Shady River Subdivision. All
existing viable landscaping/vegetation shall remain within this buffer. No
structures, improved surface, or fill of any kind shall be permitted within this
required buffer.
11. Any substantial modifications to this Special Conditional Use Permit will
require an amendment to this SCUP in accordance with Chapter 106,
of the Code of Ordinances.
The Planning & Zoning Commission held a public hearing on this item at their
September 16, 2021 regular meeting. At the meeting, the applicant provided some
details on the proposed development and provided images of other similar projects that
they have completed in the Houston area. There was much discussion among the
Commissioners and applicant regarding the size of the buffer between the project and
the adjacent residential as well as building height, drainage, and lighting concerns. All
of these items have been addressed as recommended conditions in the SCUP
document.
Staff mailed a total of twenty-two (22) public notices to property owners located within
200 feet of the subject property. Staff received three (3) returned comment sheets in
opposition of the proposed SCUP request.
The Commission voted on a motion to recommend approval of the SCUP request, as
presented with the eleven (11) conditions. The vote was 6-0, and the motion was
approved.
ACTION REQUIRED BY CITY COUNCIL
Approve or deny Ordinances 2021-3848 for SCUP request #21-91000004, to allow
for the development of a senior living multi-family complex on a 5.4- acre tract of
land located at the 800 Block of McCabe Rd. and legally described as Part of Tract
5E, Abstract 30, WP Harris Survey, Harris County, Texas.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2021-3848
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL
USE PERMIT NO. 21-91000004, TO ALLOW FOR A SENIOR LIVING MULTI-FAMILY
DEVELOPMENT IN THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT,
ON A 5.4 ACRE TRACT OF LAND LOCATED AT THE 800 BLOCK OF McCABE ROAD
AND BEING LEGALLY DESCRIBED AS PART OF TRACT 5E, ABSTRACT 30, WP
HARRIS SURVEY, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF
FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. Chapter 106 “Zoning” of the Code of Ordinances is hereby amended by
granting Special Conditional Use Permit #21-91000004,attached hereto as
Exhibit A and incorporated by reference for all purposes, to allow for a senior
living multi-family development in the Planned Unit Development (PUD)
zoning district, on a 5.4 acre tract of land located at the 800 Block of
McCabe Road and legally described as Part of Tract 5E, Abstract 30, WP Harris
Survey, Harris County, Texas , and situated within a PUD zoning district.
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, suchunconstitutionality, illegality, invalidity,
or ineffectiveness of such section or part shall in no way affect, impair or
invalidate the remaining portions thereof; but as to suchremaining portion
or portions, the same shall be and remain in full force and effect and to this
endthe provisionsofthis ordinance are declared to be severable.
Section 4. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting
of the City Council is posted at a place convenient to the public at the City
Hall of the city for the time required by law preceding this meeting, as
required by Chapter 551, TX. Gov’t Code; and that this meeting has been
open to the public asrequired by law atalltimes duringwhichthis ordinance
and the subject matter thereof has been discussed, considered and formally
acted upon. The CityCouncil further ratifies,approves and confirms such
written notice and the contents and posting thereof.
Section 5. The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet (200’) of the
properties underconsideration.
Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that
all prerequisites of law have been satisfied and hereby determines and declaresthat
the amendments to the City of La Porte Zoning Classification contained inthis
Ordinance as amendments thereto are desirable and in furtherance of the goals and
objectives stated in the City of La Porte’s Comprehensive Plan.
Section7.Thisordinanceshallbeeffectiveafteritspassageandapproval.
th
PASSED AND APPROVEDthis, the 25 day of OCTOBER, 2021.
CITY OF LA PORTE, TEXAS
______________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED:
__________________________ ____________________________
Lee Woodward, CitySecretary Clark Askins, Assistant City Attorney
EXHIBITA
CityofLaPorte
SpecialConditionalUsePermit
#21-91000004
Applicant:DawnaBoudreauxofPALTInc.
OwnerorAgent
1813High Falls Ln.Pearland,TX77581
Address
DevelopmentName/Type:SeniorLivingMulti-FamilyComplex
Location:800BlockofMcCabeRd.
LegalDescription:PartofTract5E,Abstract30,WPHarrisSurvey,HarrisCounty
Zoning:PUD,PlannedUnitDevelopment
Use:Seniorlivingmulti-familycomplex
PermitConditions:
ThisSpecialConditionalUsePermit(SCUP)isapplicableforthesubjectproperty,acopyofwhichshallbe
maintainedinthefilesoftheCity’sPlanningandDevelopmentDepartmentuponapproval.Project
developmentshallbeinaccordancewiththefollowingconditions:
1.A site development plan shall be submitted in accordance with applicable requirements of the City
ofLaPorte’sDevelopmentOrdinanceandshallcomplywithallprovisionsofChapter106 “Zoning”of
the City’sCodeofOrdinances and all otherdepartmentreviewsand applicable laws andordinances
oftheCityofLaPorteandtheStateof Texas.
2.Permitted use on site will be described as Senior Living Multi-family and shall be restrictedto
residentsthatare55yearsofageandolder.
3.Except as otherwise provided in this SCUP, all use and area requirements established in Chapter 106
of the La Porte Code of Ordinances for multi-family residential developments in R-3 zoning districts shall
apply.Allmulti-familydevelopmentrequirementswillneedtobemet.
4.Developmentshallincludeaclubhouse,fitnesscenter,andpool.
5.Permitteddensitywillnotexceed14units/acre.
6.Nobuildingor other structure shallexceedforty-five(45)feetintotalheight.
7.On site drainage and detention requirements must meet minimum Harris County Flood Control
District(HCFCD)standards.
8.Any onsite lighting or combination of lights which casts light on adjacent residential property shall
notexceed0.4foot-candles(meterreading)asmeasuredfromsuchproperty.
9.A Traffic Impact Analysis (TIA) will be performed and submitted to the City for review prior to the
approvaloftherequiredsiteplan.
10.There shall be at minimum, a one hundred (100) foot wide landscapebuffer along the southern
property line adjacent to the Shady River Subdivision. All existing viable landscaping/vegetationshall
remainwithinthisbuffer.Nostructures, improved surface,orfillofanykindshallbepermittedwithin
thisrequiredbuffer.
11.Any substantial modifications to this Special Conditional Use Permit will require an amendment to
thisSCUPinaccordancewithChapter106,“Zoning”oftheCity’sCodeofOrdinances.
Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of
a special conditional use permit shall void the permit as approved, except upon an extension of time granted
after application to the Planning and Zoning Commission.
If contract or agreement is terminated after completion of any stage and there is ample evidence that further
development is not contemplated, the ordinance establishing such special conditional use permit be
rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning
Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the
portion which is undeveloped.
Validation Date: ___________________
____________________________________ ______________________________________
Director of Planning and Development City Secretary
City of La PortePlanning and Development Department
Established 1892 Teresa Evans, Director
September 17, 2021
Honorable Mayor Rigby and City Council
City of La Porte
RE: Special Conditional Use Permit Request #21-91000004
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a regular meeting on September 16,
2021 to hear a Special Conditional Use Permit request by, Dawna Boudreaux of PALT
Inc., applicant; on behalf of Charles and Marjorie Pollard, owner; for approval of a SCUP
to allow for a senior living multifamily complex to be developed in the Planned Unit
Development (PUD) zoning district, on a 5.4 acre tract of land located at the 800 Block of
McCabe Rd.; legally described as Part of Tract 5E, Abstract 30, WP Harris Survey, Harris
County, Texas. The subject site is zoned Planned Unit Development (PUD) and Section
106-659 of the Code of Ordinances requires a Special Conditional Use Permit in order for
the above referenced use to be permitted within the PUD zoning district.
The Commission voted 6-0 to recommend approval of the proposed SCUP amendment, as
presented with the suggested conditions along with four (4) additional conditions.
Respectfully submitted
Ian Clowes, City Planner
On behalf of the Planning and Zoning Commission
City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020
Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005
www.laportetx.gov
Area Map
SCUP
#21-910000004
800 Block of
McCabe Rd.
MC CABE
Legend
Subject Parcel
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
LLOW TREE
HO
1 inch = 226 feet
SEPTEMBER 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
Zoning Map
MH
SCUP
#21-910000004
R-3
800 Block of
McCabe Rd.
MC CABE
Legend
PUD
Subject Parcel
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
R-1
survey and represents only the
approximate relative location of
property boundaries
LLOW TREE
HO
PUD
1 inch = 226 feet
SEPTEMBER 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
PO
FLUP Map
MHDR
SCUP
PI
#21-910000004
800 Block of
McCabe Rd.
MC CABE
Legend
Subject Parcel
LDR
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
LLOW TREE
HO
1 inch = 226 feet
SEPTEMBER 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
LEGEND:
PROJECT LOCATION