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HomeMy WebLinkAbout1986-06-09 Regular Meeting of La Porte City Council e e MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JUNE 9, 1986 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of Citv Council Present: Mayor Norman Malone, Councilpersons John Lloyd, Ed Matuszak, Alton Porter, Lindsay Pfeiffer, Deotis Gay (arrived at 6:35 P.M.) Members of Citv Council Absent: Councilpersons Betty Waters, B. Don Skelton, Linda Westergren Members of Citv Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager Richard Hare, Director of Community Development John Joerns, Chief Building Official David Paulissen, Acting Director of Public Works Steve Gillett, Assistant City Attorney John Armstrong, EMS Director Mike Martinez, Assistant EMS Director Gary Williams, Director of Parks and Recreation Stan Sherwood, Recreation Director Tim Anderson, Parks Director Bert Clark, Lt. Robert Hall, Fire Chief Joe Sease, Purchasing Agent Tim Blackwell Others Present: Nathan Crawford; C. H. Van Metre, Dow Chemical; John Cutler, Monica Simpson, Kevin Shanley, SWA; Neil Bishop, Turner Collie & Braden; Stan Self, James Benefits; Delbert Walker; Charles Hudgins and Melissa Lestarjette, Bayshore Sun; approximately 21 citizens 2. The invocation was given by Mayor Malone. 3. Council considered approving the minutes of the regular meeting held May 12, 1986. Motion was made bv Councilperson Llovd to approve the minutes of the Mav 12 meeting as oresented. Second by Councilperson Pfeiffer. The motion carried, 5 ayes and 0 nays (Councilperson Gay had not yet arrived). Ayes: Councilpersons Lloyd, Matuszak, Porter, Pfeiffer and Mayor Malone Nays: None e e Minutes, Regular Meeting, City Council June 9, 1986, Page 2 4. Council considered approving the minutes of the emergency called meeting held May 14, 1986. Motion was made bY Councilperson Pfeiffer to approve the minutes of the May 14 meeting as oresented. Second by Councilperson Matuszak. The motion carried, 4 ayes, 0 nays, 1 abstain (Councilperson Gay had not yet arrived). Ayes: Councilpersons Lloyd, Matuszak, Pfeiffer and Mayor Malone Nays: None Abstain: Councilperson Porter (was not present at meeting of May 14) 5. Mayor Malone presented an appreciation plaque to former Councilperson Delbert Walker, for his service to the City during his term of office. 6. Mr. Nathan Crawford addressed Council regarding theft of gas and property at his residence. Mrs. Adair Sullivan presented pictures showing front yard fences to Council. 7. Council considered a resolution approving issuance of Industrial Development Bonds to Dow Chemical Company. The City Attorney explained the bond issue to Council. Mr. Charles Van Metre addressed Council to explain the pollution control project for which the bonds will be used. The City Attorney read: RESOLUTION 86-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE AGREEING TO THE ISSUANCE OF BONDS BY THE BRAZOS HARBOR INDUSTRIAL DEVELOPMENT CORPORATION TO FINANCE A PROJECT FOR THE DOW CHEMICAL COMPANY Motion was made bY Councilperson Matuszak to approve Resolution 86-14. Second by Councilperson Lloyd. The motion carried, 5 ayes and 0 nays (Councilperson Gay had not yet arrived). Ayes: Councilpersons Lloyd, Matuszak, Porter, Pfeiffer and Mayor Nalone Nays: None e e Minutes, Regular Meeting, La Porte City Council June 9, 1986, Page 3 8. Council considered an ordinance establishing new emergency medical services rates. The City Attorney read: ORDINANCE 1500 - AN ORDINANCE ESTABLISHING A NEW EMERGENCY MEDICAL SERVICES RATE STRUCTURE FOR THE CITY OF LA PORTE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF Motion was made bv Council~erson to adopt Ordinance 1S00. Second by Councilperson Pfeiffer. The City Attorney pointed out that an effective date for the rates needed to be established. Motion was made bv Councilperson Pfeiffer for an effective rate date of July 1. Second by Councilperson Porter. The motion failed, 0 ayes and 5 nays. Ayes: Nays: None Councilpersons Lloyd, Matuszak, Porter, Pfeiffer and Mayor Malone (Councilperson Gay had not yet arrived). Motion was made bY Councilperson Matuszak for an effective rate date of June 10. Second by Councilperson Lloyd. The motion carried, 5 ayes and 0 nays. Ayes: Councilpersons Lloyd, Matuszak, Porter, Pfeiffer and Mayor Malone (Councilperson Gay had not yet arrived) Nays: None The original motion was voted on and carried, 5 ayes and 0 nays. Ayes: Councilpersons Lloyd, Matuszak, Porter, Pfeiffer and Mayor Malone (Councilperson Gay had not yet arrived) Nays: None 9. Council considered approving annual contracts with Port of Houston and West Gulf Maritime (for EMS). Motion was made bY Council~erson Porter to ap~rove the annual contracts for emergency medical services with the Port of Houston and West Gulf Maritime. Second by Councilperson Lloyd. The motion carried, 5 ayes and 0 nays. e e Minutes, Regular Meeting, La Porte City Council June 9, 1986, Page 4 Ayes: Councilpersons Lloyd, Matuszak, Porter, Pfeiffer and Mayor Malone (Councilperson Gay had not yet arrived) Nays: None 10. Council considered adopting the zoning ordinance text. Motion was made bv Councilperson Matuszak to amend 10-S02 of the ordinance. Second by Councilperson Lloyd. The motion carried, 5 ayes and 0 nays. Ayes: Councilpersons Lloyd, Matuszak, Porter, Pfeiffer, Gay and Mayor Malone Nays: None The City Attorney read: ORDINANCE 1501 - AN ORDINANCE CONTAINING FINDINGS OF FACT AND DIRECTIVES TO THE PLANNING COMMISSIONj AND ADOPTING A NEW ZONING ORDINANCE FOR THE CITY OF LA PORTE, SAID NEW ZONING ORDINANCE TO REGULATE: THE LOCATION AND USES OF BUILDINGS, STRUCTURES, LAND, LOTS, AND USES AS DEFINEDj THE HEIGHT AND SIZE OF BUILDINGS, STRUCTURES, AND USES BOTH PRIMARY AND ACCESSORYj THE DENSITY AND INTENSITY OF POPULATION AND USES, BOTH PRIMARY AND ACCESSORYj THE SIZE AND LOCATION OF YARDS, SETBACKS, CONSERVATION AREAS, AND OPEN SPACESj THE LOCATION AND DENSITY OF PARKING, LOADING, EXTERIOR STORAGE, FENCING, AND LANDSCAPING; PROVIDING FOR PLANNED UNIT DEVELOPMENTSj PROVIDING A SPECIAL CONDITIONAL USE PROCEDURE; RE-ESTABLISHING A PLANNING AND ZONING COMMISSION AND A BOARD OF ADJUSTMENTj AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCEj FOR SAID PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONSj PROVIDING THAT ANY PERSON, FIRM, OR CORPORATION VIOLATING ANY OF THE TERMS OR PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION SHALL BE LIABLE TO FINE NOT THE EXCEED ONE THOUSAND DOLLARS ($1,000.00); WITH EACH DAY OF VIOLATION CONSTITUTING A SEPARATE OFFENSEj PROVIDING A SAVINGS CLAUSEj PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS HEREOF AS OF THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilperson Matuszak to adopt Ordinance 1S01 as amended. Second by Councilperson Lloyd. The motion carried, 6 ayes and 0 nays. e e Minutes, Regular Meeting, La Porte City Council June 9, 1986, Page 5 Ayes: Councilpersons Lloyd, Matuszak, Porter, Pfeiffer, Gay and Mayor Malone Nays: None 11. Council considered adopting an amendment to the junk vehicle ordinance. The City Attorney read: ORDINANCE 1387-A - AN ORDINANCE AMENDING ORDINANCE NO. 1387 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; CHANGING THE DEFINITION OF THE "JUNKED VEHICLE" CONTAINED IN SAID ORDINANCE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilperson Matuszak to adopt Ordinance 1i87-A as read bv the Citv Attornev. Second by Councilperson Lloyd. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Lloyd, Matuszak, Porter, Pfeiffer, Gay and Mayor Malone Nays: None 12. Council considered approving a resolution authorizing coveyance of land to Harris County for right-of-way for widening of Barbour's Cut Boulevard. The City Attorney read: RESOLUTION 86-15 - A RESOLUTION AUTHORIZING CONVEYANCE OF A 2.4633 ACRE TRACT OF LAND TO HARRIS COUNTY, TEXAS, FOR RIGHT-OF-WAY FOR THE WIDENING OF BARBOUR'S CUT BOULEVARD. Motion was made by Councilperson Pfeiffer to approve Resolution 86-1S as read by the City Attornev. Second by Councilperson Matuszak. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Lloyd, Matuszak, Porter, Pfeiffer, Gay and Mayor Malone None: None e e Minutes, Regular Meeting, La Porte City Council June 9, 1986, Page 6 13. Council considered a resolution approving a $1.00 admission charge to Sylvan Beach Park for Parks and Recreation Department's 4th of July festivities. The City Attorney read: RESOLUTION 86-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, SHOWING ITS APPROVAL OF A $1.00 ADMISSION CHARGE TO SYLVAN BEACH PARK FOR THE PARKS AND RECREATION DEPARTMENT'S 4TH OF JULY FESTIVITIES; SHOWING AN INTENT TO OBTAIN PROPER SECURITY FOR THE EVENT; AND PROVIDING PROOF OF LIABILITY INSURANCE TO HARRIS COUNTY, PRECINCT 2, TO COVER THE EVENT AND ITS PATRONS. Motion was made bv Councilperson Llovd to approve Resolution 86-16 as read bv the Citv Attornev. Second by Councilperson Porter. The motion carried, 4 ayes and 2 nays. Ayes: Nays: Councilpersons Lloyd, Porter, Pfeiffer and Mayor Malone Councilpersons Matuszak and Gay 14. Council considered proposed rate increase of James Benefits administrative fees. Stan Self of James Benefits addressed Council regarding this item. Motion was made bv Councilperson Matuszak to delav this item pending further studv for alternate ways to charge administrative fees. Second by Councilperson Gay. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Lloyd, Matuszak, Porter, Pfeiffer, Gay and Mayor Malone Nays: None 15. Council considered approving jail modification and authorizing a budget transfer of $3,500.00 from the Contingency fund to cover the cost. Motion was made bv Councilperson Gay to approve the jail modification and to transfer $~,~OO.OO from the Contingencv fund to cover the cost. Second by Councilperson Lloyd. The motion carried, 6 ayes and 0 nays. e e Minutes, Regular Meeting, La Porte City Council June 9, 1986, Page 7 Ayes: Councilpersons Lloyd, Matuszak, Porter, Pfeiffer, Gay and Mayor Malone Nays: None 16. Item 17 was considered at this time. 17. Council considered the Master Plan for Little Cedar Bayou Park. Representatives from SWA were present and showed slides depicting the Master Plan for the park. t40t ion was made Master Plan for begin Phase I. carried, 6 ayes bv Councilperson Matuszak to approve the Little Cedar Bayou Park and to allow SWA to Second by Councilperson Lloyd. The motion and 0 nays. Ayes: Councilpersons Lloyd, Matuszak, Porter, Pfeiffer, Gay and Mayor Malone Nays: None Council then considered Item 16, consider a contract for an environmental study of Little Cedar Bayou Park. Motion was made bY Councilperson Gay to approve SWA to do an environment studY of Little Cedar Bayou Park, in an amount not to exceed $i,500.00 without authorization. Second by Councilperson Pfeiffer. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Lloyd, Matuszak, Porter, Pfeiffer, Gay and Mayor Malone Nays: None 18. Council considered a consent agenda: A. Consider awarding a bid for bank sand. B. Consider awarding a bid for automotive supplies. C. Consider awarding a bid for front load containers. After a brief discussion on item A, motion was made bY Councilperson Lloyd to aoprove the consent agenda. Second by Councilperson Matuszak. The motion carried, 6 ayes and 0 nays. e e Minutes, Regular Meeting, La Porte City Council June 9,1986, Page 8 Ayes: Councilpersons Lloyd, Matuszak, Porter, Pfeiffer, Gay and Mayor Malone Nays: None 19. Workshop Item: Report from Administration on revisions of Chapters 7 and 8 of the personnel policies. Assistant City Manager Richard Hare presented this report, a copy of which will be attached to these minutes for the file. 20. Administrative Reports: Mr. Owen announced that RFPs are being prepared for services to provide the City with assistance in the management of the planning coordination and construction of selected capital improvement projects. The draft will be presented to Council as soon as possible. 21. Council Action: Councilpersons Lloyd, Matuszak, Porter, Pfeiffer, Gay and Mayor Malone brought items to Council's attention. 22. Executive Session - Council adjourned into executive session at 8:07 P.M. to discuss the claim of American Constructors, Inc., with the City Attorney and to confer with the City Attorney concerning Northwest Park property and Little Cedar Bayou Golf Course property. Council reconvened at 9:30 P.M. 23. There being no further business to come before the Council, the meeting was duly adjourned at 9:30 P.M. Respectfully' submitted: ~Md Cherie Black City Secretary Passed and Approved this the 23rd day of June, 1986 i:~~ . e PREFACE Resolution No. 86-14 would approve a pollution control bond issue for Dow Chemical Company (formerly Upjohn Plant). This bond issue is in the amount of $8,000,000.00 and will be issued through Brazos Harbor Industrial Development Corporation. The Administration recommends City Council approve Resolution No. 86-14 . e e KNOX W. ASKINS, J. D., p, C. ATTORNEY AT LAW .JOHN D. ARMSTRONG, ..J.D. ASSOCIATE 702 W. F"AIRMONT PARKWAY P. O. BOX 1218 LA PORTE, TEXAS 77571-1218 TELEPHONE 713 471-1886 June 3, 1986 Honorable Mayor and City Council city of La Porte City Hall La Porte, Texas 77571 Dear Ladies and Gentlemen: You will recall that some months ago, Dow Chemical Company, which has acquired UpJohn Company, asked for Ci ty of La Porte approval of a pollution control bond issue for their La Porte facilities. That issue was a part of a larger issue, which was authorized by the Brazosport Industrial Development Corporation board of directors. Now, in the same manner, Dow wishes to induce $8,000,000.00 of additional pollution control bonds for its La Porte facility. As on the previous issue, I feel that this is a net plus for the City of La Porte, as it adds $8,000,000.00 in industrial revenue values to the Battleground Industrial District, while at the same time the facilities will improve the quality of our environment. Attached is a letter from Mr. James A. Thomassen, of Vinson & Elkins' Austin office, bond attorneys for this project. I had asked him in our recent phone conversation, to have engineers from Dow-UpJohn available at the meeting, to answer any questions which Council might have about the project. I recommend approval of the resolution. Yours very truly, Knox W. Askins City Attorney City of La Porte KWA:zlw . e :. VINSON & ELKINS ATTORNEYS AT LAW FIRST CITY CENTRE 816 CONGRESS AVENUE AUSTIN, TEXAS 78701-2496 TELEPHONE 512 495-6400 3300 FIRST CITY TOWER 1001 FANNIN HOUSTON, TEXAS 77002 -6760 TELEPHONE 713 651.2222 CA8LE VINELKINS-TELEX 762 /46 47 CHARLES ST.,6ERKELEY SQUARE LONDON WIX 7PB. ENGLAND TELEPHONE 01 441 491.7236 CABLE VINELKINS LONDON WI-TELEX 24140 SUITE 900 1101 CONNECTICUT AVE. N, W. WASHINGTON. C. C. 20036-4303 TELEPHONE 202 662-6500 CABLE VINELKINS-TELEX 89680 June 3, 1986 VIA FEDERAL EXPRESS Knox W. Askins, Esq. 702 West Fairmont Parkway La Porte, Texas 77571 Dear Knox: Enclosed are execution copies of the inducement resolu- tion for The Dow Chemical Company pollution control facil- ities. I am sending execution copies because of the short- ness of time, but please do review the resolution as I can still send you substitute pages if something needs to be changed. After adoption of the resolution, please return four of the executed resolutions and certificates to me, keeping one for the City's records. '$. Grant Holland will be attending the meeting, and will bring one of his environmental engineers with him. I have advised him that the City Council meeting will start at 6: 00 p.m. on Monday, June 9, 1986. Please advise him if there are any changes in the time or date. I have told Grant that he or the engineer should be prepared to answer questions and to give a brief description of the facilities if the Council so desires. I would appreciate it if you could inform the Council that the passage of this resolution is a preliminary step in the process of the issuance of bonds, and that before any bonds are actually issued the matter will be brought back to the City Council again. As I believe we discussed, this resolution is an inducement resolution in the same nature as those which have been adopted by the La Porte Industrial Development Corporation for bonds they were contemplating issuing. . - ~ Knox W. Askins, Esq. June 3, 1986 Page 2 As you may be aware, pollution control facilities will not be eligible for bond funding under the new Tax Reform Act. However , it appears that the Act is not likely to become effective prior to some time this fall, and bonds issued before that date will probably not be affected by that Act. If in some unforeseen manner the bonds would be affected, the only consequence would be that Dow might have to redeem the bonds early. The reason pollution control facilities have been taken out of the category of eligible facilities remains somewhat of a mystery. There appears to be no real quarrel with the purpose of such bonds, and thus their exclusion from the eligible facilities list seems to be strictly a revenue raising decision. I appreciate your help on this matter. Please do not hesitate to call me if you have any questions or comments or if I can provide any additional information. Sincerely, - 7~ c:=7.~ ~ (3J,.c1'Uft~ ~A. Thomassen 0492:2230 Enclosures . . RESOLUTION NO. 86- ;4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE AGREEING TO THE ISSUANCE OF BONDS BY THE BRAZOS HARBOR INDUSTRIAL DEVELOPMENT CORPORATION TO FINANCE A PROJECT FOR THE DOW CHEMICAL COMPANY WHEREAS, the City Council (the "Governing Body") of the City of La Porte, Texas (the "City") is desirous of providing for financing for the construction of certain pollution control facilities located within the City of La Porte and described on Exhibit "A" attached hereto (the "La Porte Facilities") constituting a portion of a project (the "Proj- ect") to be constructed by The Dow Chemical Company (the "Company"); and WHEREAS, the Brazos Harbor Industrial Development Corporation (the "Issuer") has adopted a resolution agreeing to issue bonds to provide funds to defray all or part of the cost of acquiring, constructing and improving the Project, but the Issuer anticipates that construction of such facilities will commence prior to the sale and delivery of such bonds; and WHEREAS, pursuant to the provisions of the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes Annotated, as amended (the "Act") the City may authorize the Issuer to exercise its powers under the Act to issue bonds to finance the La Porte Facilities; and WHEREAS, the Company has requested that the City adopt a resolution with respect to such bonds or take some other similar official action toward the issuance of such bonds prior to the commencement of con- struction or acquisition of such facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT: 1. The Governing Body hereby agrees to authorize and request the Brazos Harbor Industrial Development Corporation to exercise its powers under the Act and to issue bonds to finance the construction of the La Porte Facilities. 2. The Resolution of the Issuer agreeing to issue bonds. substan- tially in the form attached hereto as Exhibit "B," is hereby approved, e e the aggregate principal amount of bonds to be issued for the La Porte Facilities to not exceed $8.000,000. 3. The Company shall (i) be responsible for and pay any and all costs of the La Porte Facilities incurred by it prior to issuance of the Bonds and will pay all such costs which are not or cannot be paid or reimbursed from the proceeds of the bonds and (ii) at all times. indem- nify and hold harmless the City and its governing body against all losses, costs. damages, expenses and liabilities of whatsoever nature (including but not limited to attorneys' fees. litigation and court costs. amounts paid in settlement and amounts paid to discharge judg- ments) directly or indirectly resulting from. arising out of or related to the issuance, offering. sale or delivery of the Bonds. or the design. construction. installation, operation. use. occupancy, maintenance or ownership of the La Porte Facilities. 4. This Resolution shall be deemed and construed as a resolution authorizing the issuance of the aforesaid bonds or some other similar official action toward the issuance of the bonds within the meaning of 26 C.F.R. Section 1.103-8(a)(5). c;:z:l PASSED AND APPROVED this L day of June, 1986. J I . I ~ CITY OF LA PORTE , , / ./ 1 II I, I) I, \" , . By4~$z 1L~ ATTEST: By Jj~/ ~L,L City Secretary APPROVED: By 6:;6X z:J d~ City Attorney -2- " e e EXHIBIT nAn POLLUTION CONTROL FACILITIES IDENT. "NO. A-43 W-167 TITLE Blow-down Systems Elephant A, K, L, M A-I e e EXHIBIT "B" RESOLUTION AGREEING TO ISSUE BONDS (THE DOW CHEMICAL COMPANY PROJECT) WHEREAS, the Brazos Harbor Industrial Development Corporation (the "Corporation") is authorized by the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes Annotated, as amended (the "Act"), to issue revenue bonds for the purpose of paying all or part of the cost of a "project," as defined in the Act, and to sell or lease the project to others or loan the proceeds of the bonds to others to finance all or part of the cost of the project; and WHEREAS, the Corporation now desires to authorize the issuance and sale of its tax-exempt pollution control revenue bonds, to the extent authorized by law, to provide funds to defray all or part of the cost of acquiring, constructing and improving certain pollution control facili- ties to be constructed by or to be leased or sold to The Dow Chemical Company, a Delaware corporation (the "Company"), but the Corporation anticipates that construction of such facilities will commence prior to the sale and delivery of such bonds; and WHEREAS, the Company has requested that the Corporation adopt a bond resolution with respect to such bonds or take some other similar official action toward the issuance of such bonds prior to the commence- ment of construction or acquisition of such facilities; and WHEREAS, the Brazos River Harbor Navigation District of Brazoria County, Texas (the "Unit"), has authorized and approved creation of the Corporation to act on behalf of the Unit for the public purpose of financing the cost of projects to promote and develop industrial and manufacturing enterprises, including pollution control facilities, to promote and encourage employment and the public welfare; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRAZOS HARBOR INDUSTRIAL DEVELOPMENT CORPORATION THAT: Section 1: The Corporation hereby authorizes and agrees that it will issue and sell its pollution control revenue bonds (the "Bonds") from time to time in one or more series pursuant to the provisions of Texas law in a principal amount sufficient to pay all or part of the cost of acquiring, constructing and improving the project described in Exhibit "A" attached hereto (the "Pollution Control Facilities"), together with all costs of authorization, sale and issuance of the B-1 e e Bonds. The Bonds will be issued and sold in an aggregate principal amount (excluding bonds issued to refund any of the Bonds) now estimated to be not more than $17,500,000. The obligation of the Corporation to issue the Bonds is specifically subject to the ability of the Corpora- tion to issue such Bonds in compliance with the "Volume Cap" provisions of Section 103(n) of the Internal Revenue Code of 1954, as amended (the "Code"), "Limitation on Aggregate Amount of Private Activity Bonds Issued During Any Calendar Years," and to any applicable rules or regulations of the Texas Economic Development Commission relating thereto. Any officer or other member of the Board of Directors of the Corporation is hereby authorized to take any action and file any notifi- cation required to reserve for the Bonds a portion of the state alloca- tion for "private activity bonds," as defined in the Deficit Reduction Act of 1984. The obligation of the Corporation to issue the Bonds in an amount sufficient to finance the facilities numbered A-43 and W-167 on Exhibit "A" is specifically subject to the approval of such issuance by the City of La Porte, Texas. Section 2: The Company may commence with the acquisition, con- struction and improvement of the Pollution Control Facilities, which Pollution Control Facilities will be in furtherance of the public purposes of the Corporation and the Unit as aforesaid, and the Company will provide, or cause to be provided, at its expense, the necessary interim financing to expedite the commencement and continuation of the acquisition, construction and improvement of the Pollution Control Facilities. On or prior to the issuance of the Bonds, the Company will enter into a purchase, lease or loan agreement on an installment payment basis (herein called the "Agreement") with the Corporation under which . the Corporation will sell or lease the Pollution Control Facilities to the Company or make a loan to the Company for the purpose of providing temporary or permanent financing of all or part of the costs of the Pollution Control Facilities and the Company will make installment payments sufficient to pay the principal of and any premium and interest on such series of Bonds. The Bonds shall never constitute an indebted- ness or pledge of the faith and credit of the State of Texas (the "State"), of the Unit or of any other political corporation, subdivision or agency of the State within the meaning of any State constitutional or statutory provision, and the Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation or any other funds of the Unit, and shall be payable from the funds of the Corpo- ration derived from or in connection with the sale or lease of the Pollution Control Facilities or the loan of the proceeds of the Bonds. Section 3: On receipt of a ruling from the Internal Revenue Service (or the opinion of nationally recognized bond counsel) that interest paid on the Bonds is exempt from federal income taxation, the Corporation hereby agrees to issue, pursuant to the terms of the Act, B-2 ., e e the Bonds, or from time to time the portion thereof as may be the subject of such a ruling or opinion as aforesaid, in an appropriate principal amount not exceeding that which is the subject of a ruling or opinion as aforesaid, maturing in such amount and times, bearing inter- est at the rates, payable on the dates and having such optional and mandatory redemption features and prices as are approved in writing by the' Company. The Corporation will deliver the Bonds to the purchaser designated by the Company and will cooperate to the fullest extent in facilitating delivery of the Bonds. Section 4: The Bonds may be issued either at one time or in several series from time to time as the Company shall request in writ- ing; provided, however, that the Bonds will be issued in an aggregate principal amount as will not exceed the amount which is the subject of a ruling or rulings or opinion or opinions as aforesaid. A request in writing for issuance of one or more series of Bonds shall not affect the obligation hereunder of the Corporation to issue the remaining Bonds as written requests therefor are received. The proceeds of the Bonds or portions thereof whether or not issued in a series, shall not be invest- ed so as to constitute the Bonds or a portion thereof as arbitrage bonds within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and applicable regulations promulgated pursuant thereto. Section 5: The payment of the principal of and any premium and interest on the Bonds shall be made solely from moneys realized from the sale or lease of the Pollution Control Facilities or from moneys re- alized from the loan of the proceeds of the Bonds to finance all or part of the costs of the Project. Section 6: The costs of the Pollution Control Facilities (herein- after the "Project Costs") may include any cost of acquiring, construct- ing, reconstructing, improving and expanding the Pollution Control Facilities. Without limiting the generality of the foregoing, the Project Costs shall specifically include the cost of the acquisition of all land, rights-of-way, property rights, easements and interests, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction whether or not capitalized, necessary reserve funds, costs of estimates and of engineering, financial advisory and legal services, plans, specifications, surveys, estimates of cost and of revenue, other expenses necessary or incident to determining the feasibility and practicability of acquiring, constructing, reconstructing, improving and expanding the Pollution Control Facilities, administrative expenses and such other expenses as may be necessary or incident to the acquisition, construction, reconstruction, improvement and expansion of the Pollution Control Facilities, the placing of the Pollution Control Facilities in B-3 e . operation and all incidental expenses, costs and charges relating to the Pollution Control Facilities not enumerated above. The Company shall (i) be responsible for and pay any Project Costs incurred by it prior to issuance of the Bonds'and.wi11 pay all Project Costs which are not or cannot be paid or reimbursed from the proceeds of the Bonds and (ii) at all times, indemnify and hold harmless the Corporation, its Board of Directors, the Unit, its Board of Navigation and Canal Commissioners and the Texas Economic Development Commission against all losses, costs, damages, expenses and liabilities of whatsoever nature (including but not limited to attorneys' fees, litigation and court costs, amounts paid in settlement and amounts paid to discharge judgments) directly or indirectly resulting from, arising out of or related to the issuance, offering, sale or delivery of the Bonds, or the design, construction, installation, operation, use, occupancy, maintenance or ownership of the Pollution Control Facilities. Section 7: This Resolution shall be deemed and construed as a resolution authorizing the issuance of the aforesaid Bonds or some other similar official action toward the issuance of the Bonds within the meaning of 26 C.F.R. Section 1.103-8(a)(5). Section 8: The Board of Directors of the Corporation hereby finds, determines and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Article 6252-17, Texas Revised Civil Statutes Annotated, as amended, and the Act. PASSED AND APPROVED this 22nd day of May, 1986. ------------------------------------------------------------------------ B-4 . . EXHIBIT "A" POLLUTION CONTROL FACILITIES IDENT. NO. TITLE W-162 Class I Landfill W-163 Magnesium Slag Disposal W-164 P. O. Vents/Bottoms Treatment W-165 RCL Stripping A-43 Blow-down Systems W-167 Elephant A, K, L, M B-5 '. e e " CERTIFICATE OF RESOLUTION THE STATE OF TEXAS fi fi COUNTY OF HARRIS fi I, the undersigned officer of the City of La Porte, Texas (the "City"), do hereby execute and deliver this Certificate for the benefit of all persons interested in proceedings of the City Council (the "Governing Body") of the City and the validity thereof, and do certify as follows: 1. I am the duly chosen, qualified and acting officer of the City for the office shown below my signature; as such I am familiar with the facts herein certified; and I am duly authorized to execute and deliver this Certificate. 2. The Governing Body convened its meeting on the 9th day of June, 1986, and the roll was called of the duly constituted officers and members of the Governing Body and all of said persons were present except the following absentees: Waters, Skelton, Westerqren , thus constituting a quorum. Whereupon, among other business, a written resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE AGREEING TO THE ISSUANCE OF BONDS BY THE BRAZOS HARBOR INDUSTRIAL DEVELOPMENT CORPORATION TO FINANCE A PROJECT FOR THE DOW CHEMICAL COMPANY was introduced for the consideration of the Governing Body. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolu- tion, prevailed and carried by the vote of 5 Ayes, 0 Noes, and o Abstentions. 3. A true and complete copy of the aforesaid Resolution adopted at the meeting is attached to and follows this Certificate. 4. Such Resolution has been duly and lawfully adopted by the Governing Body and has been duly recorded in the minutes of the Govern- ing Body for such meeting. , I I '/. ~ I} " I, I \ \\'. e . 5. Written notice of the date. hour. place and subject of.the meeting of the Governing Body-was posted on a bulletin board located at a place convenient to the public in the City Hall of the City of La Porte. Texas. for at least 72 hours preceding the scheduled time of such meeting; such place of posting was readily accessible to the general public at all times from such time of posting until the sched- uled time of such meeting; and such meeting was open to the public as required by law at all times during which the Resolution and the subject matter thereof were discussed. considered and formally acted upon. all as required by the Open Meetings Act. Article 6251-17.' Texas Revised Civil Statues Annotated. as amended. SIGNED AND SEALED this 10th day of June. 1986. ,J'" I I!~~~~ City Secretary .. (SEAl,.) ! .. , -2- e e PREFACE City Council is asked to consider an Ordinance establishing a new rate structure for Emergency Medical Services. The Ordinance would restructure the rates charged for services from itemized to a flat rate of $100.00 for transportation to fac il it ies wi thin fifteen (15) miles from point of pick up to destination. A flat rate of $125.00 shall be charged for transportation to facilities outside of fifteen (15) miles from point of pick up to destination. The EMS Division will begin to accept Medicare assignment for senior citizens. The new rate structure is estimated to generate sufficient revenue to balance out the 20% loss occured through Medicare assignment. The Administration recommends City Council approve this Ordinance. ADMINISTRATION~ e RE, if &bo~ % C I TV OF L/\ PORTE E i' s'... emel~gency \~ medical . . ~ services TO: Richard Hare, ASSistpnt Cit~Manager FROM: EMS Chi ef Martinez SUBJECT: Medicare assignm nt DATE: 6/4/86 I, Effective June 15,1986 the EMS division will begin to accept assignment with Medicare. By accepting assignment, the EMS division will accept whatever Medicare approves to pay less 20%, It is recommended that Finance department allocate a specific line item on our budget where we can insert the 20% deficit,in order to keep track of the total amount absorbed. If the rate restructure is approved, the revenue generated by this change will be about 20% which should balance out the de- ficit outlined above. Please advise if I can be of further service. Thank You. MM/lk o 0 ORDINANCE NO. 1500 AN ORDINANCE ESTABLISHING A NEW EMERGENCY MEDICAL SERVICES RATE STRUCTURE FOR THE CITY OF LA PORTE: CONTAINING A SEVERABILITY CLAUSE: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This rate structure is hereby established for the provision of Emergency --Medical Services by the City of La Porte Emergency Medical Service. Said base rate shall be as follows, to-wit: A flat rate of $100.00 shall be charged for trans- portation to facilities within fifteen (15) miles from point of pick up to destination. A flat rate of $125.00 shall be charged for trans- portation to facilities outside of fifteen (15) miles from point of pick up to destination. Section 2. Transition Provisions. This Ordinance shall take effect and be in force from and after its passage and approval. The rates established hereunder shall be effective ~ day of r · 1986. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the city Hall of the City for the time required by law preceding o o Ordinance No. 1500 , Page 2. this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated~ and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ()~ PASSED AND APPROVED this -I day of r~ , 1986. CITY OF LA PORTE By ,(~~7g~~l!lt!o-/-- N ____ a Ma 1 e , yo ATTEST: lj~Mck- City Secretary o () PREFACE City Council is asked to consider the annual contracts with Port of Houston and West Gulf Maritime for Emergency Medical Services. The contracts provide the following monthly fees for such services. Port of Houston $600.00 per month. West Gulf Maritime Association $1,200.00 per month. The Administration recommends Council approve the contracts for EMS service with Port of Houston and West Gulf Maritime. e e PREFACE Citf Council is asked to consider the final draft of the proposed Zonlng Ordinance. All changes requested by Council during the review process have been completed. No property is rezoned with the passage of this text. The text will be placed in "hold ing pattern" awaiting the passage of the proposed Zoning map. The Administration recommends Council approve the proposed Zoning Ordinance. e e ORDINANCE NO. 1501 AN ORDINANCE CONTAINING FINDINGS OF FACT AND DIRECTIVES TO THE PLANNING COMMISSION: AND ADOPTING A NEW ZONING ORDINANCE FOR THE CITY OF LA PORTE, SAID NEW ZONING ORDINANCE TO REGULATE: THE LOCATION AND USES OF BUILDINGS, STRUCTURES, LAND, LOTS, AND USES AS DEFINED: THE HEIGHT AND SIZE OF BUILDINGS, STRUCTURES, AND USES BOTH PRIMARY AND ACCESSORY: THE DENSITY AND INTENSITY OF POPULATION AND USES, BOTH PRIMARY AND ACCESSORY: THE SIZE AND LOCATION OF YARDS, SETBACKS, CONSERVATION AREAS, AND OPEN SPACES: THE LOCATION AND DENSITY OF PARKING, LOADING, EXTERIOR STORAGE, FENCING, AND LANDSCAPING: PROVIDING FOR PLANNED UNIT DEVELOPMENTS: PROVIDING A SPECIAL CONDITIONAL USE PROCEDURE: RE- ESTABLISHING A PLANNING AND ZONING COMMISSION AND A BOARD OF ADJUSTMENT: AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE: FOR SAID PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS: PROVIDING THAT ANY PERSON, FIRM, OR CORPORATION VIOLATING ANY OF THE TERMS OR PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION SHALL BE LIABLE TO FINE NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00): WITH EACH DAY OF VIOLATION CONSTITUTING A SEPARATE OFFENSE: PROVIDING A SAVINGS CLAUSE: PROVIDING A SEVERABILITY CLAUSE: PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS HEREOF AS OF THE EFFECTIVE DATE OF THIS ORDINANCE: AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: The City Council of the City of La Porte makes the following findings of fact: (a) The Zoning Ordinance attached to this orainance as Exhibit IIDII comprises only the text of the Zoning Ordinance of the City of La Porte: (b) The City Council of the City of La Porte acknowledges that the official Land Use Plan and Zoning Map referred to in Section 2-100 et. seq. of Exhibit IIDII is as yet to be adopted by the Planning Commission and is as yet to be reported and recommended to the City Council of the City of La Porte by the Planning Commission: (c) It is anticipated by the City Council of the City of La Porte that the Land Use Plan and Zoning Map will be adopted by separate ordinance of the City Council, with due notice given and hearings held as required by law, by an ordinance to be effective on the first day of January, 1987, said ordinance to incorporate the provisions of this ordinance by reference, with both ordinances becoming fully effective and competent simultaneously on the first day of January, 1987. The City Council of the City of La Porte hereby directs the Planning Commission of the City of La Porte to expeditiously undertake a review of the Land Use Plan and Zoning Map referred to in Section 2-100 et seq of the Zoning Ordinance, and to report their findings and make a recommendation of the Land Use Plan and Zoning Map to be adopted by the City Council on or before September 1, 1986. e e Ordinance No. 1501, Page 2 WHEREAS, the City Council of the City of La Porte, Texas, deems it necessary in order to lessen congestion on streets, to secure safety from fire, panic, and other dangers: to promote health and general welfare: to provide adequate light and air: to prevent the overcrowding of land: to avoid undue concentration of population: to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements: to conserve the value of property and encourage the most appropriate use of land throughout the City of La Porte, County of Harris, State of Texas, all in accordance with the provisions of the Comprehensive Plan of the City of La Porte, as adopted by the Planning and Zoning Commission of the City of La Porte: and WHEREAS, Article 1011a et seq of the Revised Civil Statutes of the State of Texas empowers the City to enact a Land Use Plan and Zoning Ordinance, and to provide for its administration, enforcement, and amendment: and WHEREAS, the City Council of the City of La Porte deems it necessary for the purpose of promoting the health, safety, morals, and general welfare of the community to enact such an ordinance: and WHEREAS, the City Council of the City of La Porte, pursuant to the provisions of Article 101lf of the Revised Civil Statutes of the State of Texas, has appointed a Planning and Zoning Commission to recommend the boundaries of the various original districts and the appropriate regulations to be enforced therein: and WHEREAS, the Planning and Zoning Commission of the City of La Porte has divided the City of La Porte into land use districts and has prepared regulations in accordance with the provisions of the Comprehensive Plan of the City of La Porte, as adopted by said Planning and Zoning Commission of the City of La Porte, specifically designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers: to promote health and the general welfare: to provide adequate light and air: to prevent the overcrowding of e e Ordinance No. 1501, Page 3 '--- land: to avoid undue concentration of population: to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements: and WHEREAS, the Planning and Zoning Commission has in all respects given reasonable consideration to the character of the land use districts and their peculiar suitability for particular land uses, and with a view to conserving the value of buildings and encourage the most appropriate use of land throughout the City of La P~rte: and WHEREAS, the Planning and Zoning Commission has made a preliminary report, and after due notice has been given, a certified copy of which is attached to this ordinance as Exhibit IIAII, attached hereto and fully incorporated by reference herein, has held a lawfully constituted public hearing on said preliminary report, said hearing being held the 15th day of August, 1985, at 7:00 p.m. at the City Hall of the City of La Porte, 604 West Fairmont Parkway, La Porte, Harris County, Texas: and WHEREAS, subsequent to said public hearing, the Planning and Zoning Commission of the City of La Porte, has, by letter dated october 11, 1985, a copy of which is attached to this ordinance as Exhibit liB II , attached hereto and fully incorporated by reference herein, submitted its final report of the Zoning Ordinance to the City Council of the City of La Porte: and WHEREAS, the City Council of the City of La Porte has held a lawfully constituted public hearing on the ordinance, due notice of which is attached to this ordinance as Exhibit "CII, attached hereto and fully incorporated by reference herein, on the 25th day of November, 1985, at 6:00 p.m. at the City Hall of the City of La Porte, 604 West Fairmont Parkway, La Porte, Harris County, Texas: and WHEREAS, all requirements of Article 1011f of the Revised Civil Statutes of the State of Texas, with regard to the preparation of reports, public hearings, and notice have been met by the Planning and Zoning Commission of the City of La Porte and the City Council of e e Ordinance No. 1501, Page 4 the City of La Porte: NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE. Section I. The Zoning Ordinance of the City of La Porte, which is attached to this ordinance as Exhibit liD II , and is fully incorporated by reference herein, is hereby adopted as the text of the Zoning Ordinance of the City of La Porte. Section 2. If any section, sentence, phrase, clause,_ or any part of any section, sentence, phrase, or clause of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of the City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or any part thereof, may be declared invalid. Section 3. All rights or remedies of the City of La Porte, County of Harris, State of Texas, are expressly saved as to any and all violations of the Zoning Ordinance or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance are hereby expressly reserved: and as to such accrued violations, any Court of competent jurisdiction shall have all the powers that existed prior to the effective date of this ordinance: and that all existing violations of previous zoning ordi- nances which would otherwise become non-conforming uses under this ordinance shall be considered violations of this ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. Section 4. Any person, firm, or corporation in violation of any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of not more than ONE THOUSAND DOLLARS ($1,000.00). Each day such e . Ordinance No. 1501, Page 5 violation continues shall constitute a separate offense. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure, or land is used in violation of the general law or of the terms of this ordinance, the City of La Porte, in addition to imposing the penalty above provided, may institute any appropriate action or proceedings in a Court of competent jurisdiction to provide such unlawful erection, construction, reconstruction, al~eration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, or to prevent the occupancy of such building, structure, or land, to prevent the illegal act, conduct, or use, in or about such land: and the definition of any violation of the terms of this ordinance as a misdemeanor shall not preclude the City of La Porte from invoking the civil remedies given it by law in such cases, including collection of reasonable attorney's fees and court costs, for the same shall be cumulative of and in addition to the penalties prescribed for such violation. Section 5. This ordinance comprises the text of the Zoning Ordinance of the City of La Porte. At the time of the effective date of this ordinance as specified below, all ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed insofar as the same are in conflict with the provisions hereof, particularly including the repeal of Ordinance No. 780 of the City of La Porte, together with all amendments thereto. Section 6. This ordinance shall be in full force and effect from and after 12:01 a.m., January 1, 1987. As an additional condition precedent to enacting this ordinance into full force and effect, the caption of this ordinance shall be published by the City Secretary of the City of La Porte in the official newspaper of the City of La Porte, Texas, as required by the City Charter. e . Ordinance No. 1501, Page 6 Section 7. The City Council officially finds, determines, re- cites, and declares that if sufficient written notice of the date, hour, place, and subject of this meeting of the City Council is posted in a place convenient to the public, the City Hall of the City of La Porte, for the time required by law preceding this meeting, is required by the open meetings law, Article 6252-17, Texas Revised Civil Statutes Annotated: as certified to by the City Secretary of the City of La Porte in Exhibit liE II , attached hereto and fully incorporated into this reference, and that this meeting has been open to the public as required by law at all times during which the ordinance and the subject matter thereof has been discussed, considered, and fully acted upon. The City Council further ratifies, approves, and confirms such written notice of the content and posting thereof, all as certified on Exhibit IIEII attached to this ordinance. PASSED AND APPROVED this the 9th day of June, 1986. CITY OF LA PORTE , .i / ATTEST: ~Ud/ Cherie Black, City Secretary e e PREFACE City Council is asked to consider a proposed amendment to the City's Junk Vehicle Ordinance. The proposed amendment would track a recent change in State law amending the definition of a junk vehicle to one that has an expired inspection or an expired license plate or is inoperable for 4S days. The Administration recommends City Council approve the Ordinance amendment. e e ORDINANCE NO. l387-A AN ORDINANCE AMENDING ORDINANCE NO. 1387 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE: CHANGING THE DEFINITION OF THE IIJUNKED VEHICLE" CONTAINED IN SAID ORDINANCE: PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00): CONTAINING A SEVERABILITY CLAUSE: FINDING COMPLIANCE WITH THE OPEN MEETING LAW: AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Section 1 of Ordinance No. 1387 of the Code of Ordinances of the City of La Porte, is hereby amended, to read as follows, to-wit: JUNKED VEHICLE. Means any motor vehicle as defined in Section 1, of Article 670ld-ll, Vernon's Texas Civil Statutes, as amended, which: (a) that is inoperative: and (b) that does not have lawfully affixed to it either an unexpired license plate or valid motor vehicle safety inspection certi- ficate: that is wrecked, dismantled, partially dismantled, or discarded: or that remains inoperable for a continuous period of more than 45 days. PERSON. Any individual, firm, partnership, association, corpora- tion, company, or organization of any kind. DEMOLISHER. Any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise wreck or dismantle motor vehicles. . Section 2. Any person, as defined in Section 1.07 (27) Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. e e .. I ~ r Ordinance No. l387-A, ,Page 2 Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subjec~ of t~is 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, Article 6252-17, Texas Revised Civil Statutes Annotated: and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance.shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the 7 # day of r , 1986. CITY OF LA PORTE BY'~77/&..~!l~ o man Malone, May r ATTEST: ~Ud City Secretary e e PREFACE Resolution No. 86-i5 would authorize conveyance of a 1.976 acre tract of land to Harris County, Texas, for right-of-way for the widening of Barbour's Cut Boulevard. Harris County is nearing the construction stage of their project to four-lane Barbour's Cut Boulevard and wants ownership of all the right-of-way in the project. The Administration No. 86-15 . recommends Council approve Resolution . e CITY OF LA PORTE INTER-OFFICE MEMORANDUM FROM: Knox Askins City Attorn~ Bob Speake City Enginee TO: DATE: SUBJECT: May 8, 1986 Barbour's Cut Boulevard CLP 1184-4402 Harris County is nearing the construction stage with its project to four-lane Barbour's Cut Boulevard. The County wants ownership of all the right-of-way involved in the project. City staff met with the County, Morgan's Point and the Port Authority in February to discuss transfer of the right-of-way to the County. Most of the parcels to be transferred are owned by the Port Authority and are in Morgan's Point. The parcel in La Porte is on our City Road Log. The vehicle the County will use for transfer of the City's portion of the right-of-way is the right-of-way deed enclosed with this memorandum. Staff has checked Exhibit "A" and it is correct. We are passing said deed to you for processing through Council. John and I will be happy to serve as a resource when it is presented to Council. BS/tla Enclosure xc: John Joerns e e RESOLUTION 86- 15 A RESOLUTION AUTHORIZING CONVEYANCE OF A 1.9706 ACRE TRACT OF LAND TO HARRIS COUNTY, TEXAS, FOR RIGHT-OF-WAY FOR THE WIDENING OF BARBOUR'S CUT BOULEVARD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby authorizes the execution and delivery to Harris County, Texas, of a Right-of-way Deed in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes, the purpose of said Deed being for the expansion of Barbour's Cut Boulevard to four (4) lanes. There will be no cash consideration to the City of La Porte from Harris County, Texas, for this Deed. The consideration to the City of La Porte is the benefits to be derrived by the City of La Porte, from the construction of the widened four (4) lane Barbour's Cut Boulevard. The Mayor of the City of La Porte is authorized to execute, and the City Secretary of the City of La Porte is authorized to attest the execution, of the Deed in form attached hereto as Exhibit IIAII. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated: and that this meeting has been open to the public as required by law at all times during'which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the 9th day of June 1986. e RESOLUTION 86- 15 PAGE TWO ATTEST: e CITY OF LA PORTE BY Norman Malone, Mayor Cherie Black, City Secretary APPROVED: cJ Knox W. Ask~ns, City Attorney Tr. 2, Crestlane Street #~~1440- 3/FL/r,g 4-30-86 e e RIGHT OF WAY DEED THE STATE OF TEXAS ) COUNTY OF HARRIS ) KNOW ALL MEN BY THESE PRESENTS: That The City of LaPorte, a body corporate and politic under the laws of the State of Texas, acting herein, by and through its duly authorized officers, of the County of Harris, State of Texas, for and in consideration of the sum of TEN AND NO/100 ($10.00)------------------------------------------0011ars, to it in hand paid by the County of Harris, receipt of which is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said County of Harris, a body corporate and politic under the laws of the State of Texas, all that certain tract or parcel of land situate in the County of Harris, State of Texas, described as follows, to-wit: 1.9706 acre tract of lanQ out of the Johnson Hunter League Survey, Abstract No. 35, Harris County, Texas, said 1. 9706 acre tract of lai'1d, nore or less, being nore particularly described in Exhibit "A" attached hereto and made a part hereof. e e TO HAVE Arm TO HOLD the above descri bed premi ses, together with all and singular the rights and appurtenances thereto in anY\'Jise belonging, unto the said County of Harris, its successors and assigns forever; save and except the following reservations and provisions: The Grantor(~) reserve(s) all of the oil, gas and sulphur in and under said land, but waive(s) all rights of ingress and egress for the purpose of exploring, developing, mining or drilling for the same; however, nothing in this reservation shall affect the rights of the County of Harris to use said land and other minerals and materials thereon, therein or thereunder for road purposes, it being specifically understood that the County of Harris and its assigns shall be vested with the title to and the right to take and use, without additional compensation, any sand, stone, earth, gravel, caliche or any other materials or minerals upon, in and under said land, except oil, gas and sulphur, for the construction and maintenance of the Road System of Harris County, Texas. And ~) the sai d The City of LaPorte, a body corporate and politic under the la\\'6 of the state of 'l'exas, acting herein, by and through its duly authorized officers, and assigns, do~ hereby bind itself, its successors/ heirs, executors and administrators to warrant and forever defend all and singular the said premises unto the said County of Harris, its successors and assigns, against every person whomsoever la\'Jfully claiming or to claim the same, or any part thereof, by, through, or under ;it, but not othe:rwise. EXOCUl'ED ~~, this the _ day of ,19 CITY OF LA PORTE NO~1Al~ L. IvU\LOI~E, ~!AYOR A'lTES'l'F.D : -- - --------Secretary - e e SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS ) COUNTY OF HARRIS ) BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person(s) whose name(s) subscribed to the foregoing instrument, and acknowledged to me that --pe__ executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ___ day of , 19 NOTARY PUBLIC in and for HARRIS COUNTY, T E X A S JOINT ACKNOWLEDGMENT THE STATE OF TEXAS ) COUNTY OF HARRIS ) BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared known to me to be the persons whose names are subscribed to the foregoing instru- ment, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. And the said , wife of , having been examined by me privily and apart from her husband, and having the same by me fully explained to her, she, the said wife, acknowledged such instrument to be her act and deed and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ____ day of , 19 NOTARY PUBLIC in and for HARRIS COUNTY, T E X A S CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS ) COUNTY OF HARRIS ) BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared NOFIV'lAN L. .l-1ALONE, MJWOR 0 f THE CITY OF IA PORlE , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said THE CITY OF IA PORTE , a corporation; and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIV EN UNDER MY I-lAND AND SEAL OF OFFICE, thi s day of ,19_ NOTARY PUBLIC in and for HARRIS COUNTY, T E X A 5 e e ~~ .' Barbours Cut Boulevard Tract 2 All that certain tract or parcel of land containing 1.9706 acres, more or less, of land in the City of La Porte in the Johnson Hunter League, Abstract 35, Harris County, Texas, said 1.9706 acre tract or parcel of land being more particularly described by metes and bounds as follows, to wit: COMMENCING at a 5/8-inch diameter carriage bolt with a 2-inch round head at the intersection of the center lines of the 100- foot wide rights-of-way of North Broadway and Barbours Cut Boulevard, said bolt having coordinates X = 3,263,858.19 and Y = 690,407.44 (coordinates and bearings herein refer to the Texas Plane Coordinate System, South Central Zone); THENCE, N.86054'49I1E. along and with the said center line of the aforesaid Barbours Cut Boulevard right-of-way, a distance of 662.00 feet to a point lying in the west boundary line of a tract of land described in a deed from Robert R. Greer to Galveston, LaPorte and Houston Railway Company (now Southern Pacific Transportation Company) dated March 8, 1895, and record- ed in Volume 83, Page 243 of the Deed Records of Harris County Texas; THENCE, continuing N.86054'49I1E. along and with the said cen- ter line of Barbours Cut Boulevard right-of-way projected eastward, across the said Southern Pacific Transportation Company's tract of land a distance of 185.00 feet to a point lying in the east boundary of such Southern Pacific Transporta- tion Company's tract of land, for corner; THENCE, N. 3 005 'lll1,W. along and with the said east boundary of the said Southern Pacific Transportation Company's t::-act of land a distance of 30.00 feet to the POINT OF BEGINNING" of the tract of land herein described, said point also lying or. the north city limit line of the City of La Forte, which is also the south city limit line of the City of Morgan I s Point and the north right-of-way line of North F Stree:: (now Barbours Cut Bo~levard) 80-foot wide right-of-way; THENCE, N.86054'49I1E. along and with the aforesaid city limit line which is also -:he north right-of-way line of the afore- said North F Street (no~ Barbours Cut Boulevard) 80-foot wic: right-of-way, a distance of 1,073.00 feet to a point, for corner, said point being in an imaginary line coincident with and extending from the west right-of-way line of Brownell Street; THENCE, S.3005'IIIlW. along aforesaid imaginary line a distance of 80 feet to a point in the south right-of-way line of North F Street (now Barbours Cut Boulevard), said point being in the '.'.1 r" -" ,"' I' _-v>J e e ~~ . .' Dal UUUI ~ ~~v ~~~._.-.- Tract 2 r , Page 2 west right-of-way line of Brownell Street and being the north- east corner of Block 978, and said imaginary line being the city limit line between the cities of La Porte and Norgan' s Point; THENCE, S. 86054' 49"W. along and with the south right-of-way line of North F Street (now Barbours Cut Boulevard) 80-foot wide right-of-way, a distance of 1,073.00 feet to a point lying in the east boundary of the aforesaid Southern Pacific Transportation Company's tract of land, for corner; THENCE, N.3005'llI1W. along and with the said east boundary of the said Southern Pacific Transportation Company's tract of land a distance of 80.00 feet to the POINT OF BEGINNING of the tract or parcel of land herein described, ~ontaining 1.9706 acres, more or less, of land. Office of the Director of Engineering of the Port of Houston Authority March 7, 1986 EXHIBIT "A" e e PREFACE Resolution No. 86-16 would approve a $1.00 admission charge to Sylvan Beach Park for the Parks & Recreation Department's 4th of Jul y Fest i vi ties. Mon ies collected from this admi ss ion charge will go towards offsetting the expense of the Fireworks display. The Administration No. 86-16 recommends Council approve Resolution e . RESOLUTION NO. 86-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, SHOWING ITS APPROVAL OF A $1.00 ADMISSION CHARGE TO SYLVAN BEACH PARK FOR THE PARKS AND RECREATION DEPARTr~NT'S 4TH OF JULY FESTIVITIES; SHOWING AN INTENT TO OBTAIN PROPER SECURITY FOR THE EVENT; AND PROVIDING PROOF OF LIABILITY INSURANCE TO HARRIS COUNTY, PRECINCT 2, TO COVER THE EVENT AND ITS PATRONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. A $1.00 admission charge will be charged at the gate of the Parks and Recreation Department's Fourth of July Celebration to be held at Sylvan Beach Park. The admission charge of $1.00 will only apply to the day of July 4, 1986, between the hours of 8:00 A.M. and 10:00 P.M. Monies collected from this admission charge will go towards offsetting the expense of the Fireworks Display. Alternate arrangements will be made for those people wishing to use the Sylvan Beach Park pier and not wanting to partake of the festivities. Alternate space will be provided for those wishing to picnic in the park and not partake of the festivities. Section 2. The City of La Porte will provide adequate security at Sylvan Beach Park on the day of July 4, 1986, between the hours of 8:00 A.M. and 10:00 P.M. Section 3. The City of La Porte will provide to Harris County, Precinct 2, proof of liability insurance to cover the said event and its patrons at Sylvan Beach Park on July 4, 1986. PASSED AND APPROVED this the 9th day of June, 1986. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: City Secretary APPROVED: City Attorney e e PREFACE City Council is requested to approve the new agreement with James Benefits which has two fees built into it. James Benefits is propos ing to inc rease its admin istra t ion fees from 3.5% of pa id claims to 4.4% of paid claims. The consulting fee is proposed to remain 1% per paid claim. The monthly charge will increase from 4.5% to 5.4% of paid monthly claims. Benefi& FRED. S. JAMES & CO. 350 Glenborough Drive. Suite 100. Houston, Texas 77067-3699 (713) 873-7509 May 9, 1986 Mr. Richard T. Hare Ass i stant City -Manager City of La Porte P.O. Box 1115 La Porte, TX 77571 ,- .1.. /:...:~<) ., '. . Re: Revised Administration and Consulting Contract Dear Ri chard: Enclosed are duplicate copies of a revised Administration and Consulting Contract. The revision reflects the requested increase in administration fees from the current 3.5% of paid claims to 4.4% of paid claims. To this, again, is added a 1% per paid claim consulting fee. Should Council approve the proposed fee increase both copies will need to be signed and returned for countersigning. I will call next week to confirm my participation at the council meeting of May 19. If in the meantime, any questions arise, please contact me. Sincerely, JJ~ ~ -..... . .. . ..~.. ro~ ,,'1" '\ '-.' ~ --.- ,g/,~ _ ~ i;1i..V;,~c, - ~:-- Stanley R/ Sel!.~i' Account Itxecutl v I I I , 1-- SRS/cm ! ' cc: Jack Owen Clair G. Naylor Consultants, Administrators & Actuaries BenEf~ FRED. S. JAMES & CO. 350 Glenborough Drive, Suite 100. Houston, Texas 77067-3699 (713) 873-7509 l' 1;-, - ,..,' , 1fj~h .. ,-:Jv April 29, 1986 t.S31~. f.~i :&:' :1: :'.. ~_:'" " ~ ~~0' - ~.~ ~ ~~'.-: Mr. Richard T. Hare Assistant City Manager City of La Porte P.O. Box 1115 La Porte, TX 77571 Re: Claims Administration Fee Dear Richard: This letter will confirm our recent discussion concerning the need for an increase in the fee to administer the City of La Porte group medical plan. As shown on the attached illustration, paid claims in the coming 86/87 plan year will reach approximately $479,000. Our projection also indicates that the number of processed claims will reach 2,500. We have found that, in order to maintain a reasonable profit level plus cover the expenses of operation, our claims administration fee needs to produce an income per processed claim of $8.50. When we apply this guide- line to the City of La Porte projections, we find that total income needed for the 86/87 plan year is approximately $21,000. However, if the current 3.5% fee is applied to the projected paid claims, income produced would only reach $16,750. Therefore, it is proposed that the fee be increased to 4.4% of paid claims effective May 1, 1986 in order to correct the shortage. Let us assure you that this increase is not intended to recover any past deficit but is needed to provide adequate compensation for the coming year. It has always been our objective to make each client's fee structure self supporting. Bear in mind that the negotiating and bid process which was recently com- pleted produced a savings of approximately $10,000 for the City considering the reduction in the stop loss insurance costs as compared to Hartford's proposed renewal. In other words, the need for the increase in the claims administration fee is more than offset by the savings as a result of the bidding procedures. Consultants. Administrators & Actuaries e e Page 2 Mr. Richard T. Hare April 29, 1986 We place great value on having the City of La Porte as a client and look forward to a mutually beneficial business relationship in the future. Your acceptance of this necessary fee increase will allow us to continue the quality of service that you have come to expect. Richard, if you should have any questions, please feel free to give us a call. Yours truly, [fddr Lar';;1itt Marketing Manager LH/cm cc: Clair G. Naylor Stanley R. Self rGil~.. !'. ~. . i ll~rt:: I,ll'.. I ~ James Benefits e e EXHIBIT E Claims Administration Fee Calculation Projection of Paid Claims for 86/87 Plan Year Paid Claims 3/1/85 - 2/28/86 Inflation Trend to 3/31/86 (13 mos. @ 12% annually) Projected Paid Claims Plan Year 86/87 Projection of Processed Claims for 86/87 Plan Year Average Paid Claim in 85/86 Projected Number of Paid Claims for 86/87 Projected Number of Processed Claims for 86/87 (111% of paid claims) Income Needed Per Processed Claim Total Income Needed for 86/87 Income Produced at Current 3.5% Fee Increase Needed Proposed Renewal Fee: 4.4% of Paid Claims -5- $423,555. 13% $478,617. $ 215. 2,226. 2,471. $ 8.50. $ 21,003. $ 16,75~. 25.4% ,.' " '. ADMINISTRATION AND CONSULTING CONTRACT THIS ADMINISTRATION AND CONSULTING CONTRACT, made and executed the 18th day of ~1arch , 19---8.L, by and between Ci ty of I n Pnrtp. Texas hereinafter referred to as "Plan Sponsor", and JAMES/GALBRAITH & GREEN, INC., hereinafter referred to as the "Contract Administratqr,and Consult- ant." RECITALS The Contract Administrator and Consultant is engaged in the business of performing services as Employee ,Benefit Consultants and Administrators. The Plan Sponsor hereby engages the services of the Contract Administrator and Consultant to pro- vide administration services for Ci t.,Y- of La Porte Employee t1edi ca 1 Fund hereinafter referred to as "Plan." For and in consideration of the mutual covenants and the monetary consideration herein recited, it is mutually agreed as follows: 1. Services to be Pertor'med The Contract Administrator and Consultant shall perform for the Plan Sponsor administrative and consulting services in conjunction with the administration and operation of the Plan. The administrative services to be performed by the Contract Administrator and Consultant are set forth in Exhibit "A", attached hereto and by reference made a part hereof for all purposes. The consulting services to be performed by the Contract Administrator and Consultant are set forth in Ex- hibit "B", attached hereto and by reference made a part hereof for all purposes. (a) As a part of the services to be performed by the Contract Administrator and Consultant, the Con- tract Administrator c;lnd Consultant shall maintain and operate an administrative office for such pur- poses and to paY.811 normal costs and expenses for such maintenance and operation (except as herein set forth). (b) The Contract Administrator and Consultant shall employ a sufficient staff of employees or others to provide the administrative and consulting services to be performed by the Contract Administrator and Consultant hereunder. However, the Contract administrator and Consultant will not provide or be responsible for the expense and cost of legal counsel, actuaries, consulting physicians or den- tists, certified public accountants, investment counselors, investment analysts or similar type ser- vices performed for the Plan Sponsor; the Contract Administrator and Consultant shall not be authorized to engage such services or incur any expense or cost therefore without the written con- sent of the Plan Sponsor. In the event that such services are engaged by the Contract Administrator at the request of the Plan Sponsor, the Plan Sponsor shall be responsible for such services and the cost and expense thereof. (c) The services to be performed by the Contract Adminstrator and Consultant shall be ministerial in nature and shall be performed within the framework of policies, interpretations, rules, practices and procedures made or established by the Plan Sponsor. The Contract Administrator and Consultant shall not have discretionary authority or discretionary controls respecting management of any trust fund and shall not have authority to nor exercise any control respecting management or disposition of the assets of any trust fund and shall not render investment advice with respect to any money or other property of any trust fund. 2. Service Fee The Plan Sponsor agrees to pay to the Contract Administrator and Consultant for the services to be performed hereunder the following fees: (a) An initial one-time fee of $ 800. payable on or before Apri 1 1. 1983 (b) Monthly fee of 4. 5% of net paid medi ca 1 cl aims The Contract Administrator and Consultant shall provide a statement of the above fees and deduct the amount from the Plan account on or before the 10th of each month; based on enrollment the first of the month. In the event that sufficient funds are not available in the account. or if the Plan Sponsor does not submit to the Contract Administrator and Consultant the information to deduct the fees, in- terest will be charged on the fees due the Contract Administrator and Consultant at the rate of one and one-half percent (1'12 %) per month or the maximum rate allowed by law, whichever is less. 3. Term The term of this Administration and Consulting Contract would be for the period of one year, beginning -Agri 1 I, 198.3_ and ending March 31. 1983 . At the end of the contract year, if neither party requests a change the contract shall be automatically renewed. The fees stated in paragraph two (2) are subject to negotiation on the anniversary date of the contract, or on any monthly due date after the initial one year period providing the Contract Administrator and Consultant has given timely James / Galbrath & Green FR:D, S. JAMES & co. J/G&G AdmIn &Cons. SF-120.1 4/82 C,')nsultanls. AdmlnlSlralors 6. ACluaues ," . I notice of intent to adjust the ees. The new fe,es, and contract would then be in force for one year from the effective date Either party shall' have the right to terminate or re-negotiate the contract after the initial one year period by giving to the other party written notice of such termination or re-negotiation of the terms of the contract at least thirty (30) days in advance. In the event timely notice of intent to re-negotiate the terms of the contract is given by either party the contract shall continue until such re-negotiated terms are agreed,to in writing. In the event that such.re-negotiated terms are not agreed to in writing by both par- ties within thirty (30) days following the expiration date of the then current contract year, this contract shall terminate upon thirty (30) days notice. The Contract Administrator and Consultant will have no fur- ther responsibility or obligation hereunder upon termination of this contract. In the event of termination of this contract, if claims are to be processed after the termination date, the fees for services shall be either the specified percentage of claims or dollars per claim, or based on the average of fees. during the last twp months of the contract, as follows: -. :'. '100% of the average fees during the first month after termination, 75% the second month, 50% the third month, and 25% thereafter until no further claims are process- . ,- "ed, or services required.. , 4. Records and Files The Contract Administrator and Consultant shall maintain all records in conjunc- tion with the administrative services to be performed hereunder. The confidentiality of such records shall be maintained by the Contract Administrator and Consultant and the information therein shall not be divulged or disclosed or made available to persons other than the Plan Sponsor without the prior written approval of the Plan Sponsor or a court of competent jurisdiction. In the event of the termination of this contract, the Contract Administrator and Consultant shall deliver to the Plan Sponsor, upon written re- quest, at a time period mutually agreeable, but not to exceed six months from date of termination, the in- . formation on all claim histories for the past two years. If the claim history is requested, the Plan Sponsor will pay all costs incurred by the Contract Administrator and Consultant in providing the history, including the cost of programmipg, computer charges, mailing cost, etc. This information will be provided on a magnetic tape with in.dustry standard labels, and will be in the standard format of the James/Galbraith & Green data base. If additional information is requested by the Plan Sponsor subsequent to the termination of this Contract. the Plan Sponsor will pay all costs incurred by the Contract Administrator and Consultant in providing such information, including the cost of programming, computer charges, mailing costs, etc. The Contract Administrator and Consultant shall be entitled to retain copies of any such records at his own expense. 5. Liabilities and Obligations The Contract Administrator and Consultant shall have no responsibility, risk, liability or obligation for the funding of the Plan. The responsibility and obligation for funding the Plan shall be solely and totally the responsibility of the persons or entities so provided in the Plan. (a) It is further understood and agreed that the Contract Administrator and Consultant shall have no responsibility or obligation to take action, legal or otherwise, against any employer or employees or other._person to enforce provisions of the ~Ian. In the_ev~nt t~a~ ~~e Pia!) ~pon_s.or ge~irEi!!li to en.Q~g~ the stfrvi ces of-the GCh-l raefACfriii ill s fr,aforran~ercNism t~rinor:S:u c h'p u rposes,'s ucti servrces 5 h,all' DE;! 'e'ng ago ei::l ahci" renderea only. pursuant to 'ci separate written agreement between the parties. . .. , .' (b) It is further understood and agreed that the Contract Administrator and Consultant shall not be responsible or obligated for the investment of any assets or funds of the Plan. However, the Contract Administrator and Consultant agrees to prepare and maintain records of the investment of the assets of funds of the Plan if the Plan Sponsor requests the Contract Administrator and Consultant to do so and provide the information and documents necessary to prepare and maintain such record. (c) The Contract Administrator and Consultant will process and pay benefits in accordance with the plan or policy adopted by the Plan Sponsor. It is agreed that the Contract Administrator and Consultant will incorporate sound business practices and be responsible for reasonable internal audits. Where an error exists the Contract Administrator and Consultant shall use reasonable efforts for recovery of any loss resulting therefrom, but will not be required to initiate legal process for any such recovery. 6. Independent Contractor lt is understood and agreed that the Contract Administrator and Consultant is engaged to perform services under this Agreement as an independent contractor. The Contract Ad- ministrator and Consultant shall use its best efforts to implement such written instructions, if any, as to pOlicy and procedures which may be given by the Plan Sponsor provided that such instructions are con- sistent and compatible with the description of services to be performed by the Contract Administrator and Consultant and are not in violation of or contrary to any laws or regulations, including but not limited to the Employee Retirement Income Security Act of 1974, as amended. 7. Plan Sponsor The term "Plan Sponsor" shall be defined to include the employer or corporation spon- soring the Plan or Trustees of the Trust sponsoring the Plan who serve at the time of execution of this Con- tract and shall also include trustees serving from time to time during the term of the Contract. The Con- tract Administration and Consultant shall be entitled to rely upon the actions, notice or instructions taken or given by the Plan Sponsor. _Kames / Galbraith & Green FRED, S, JAMES & co, Consultants. Administrators & Actuaries J/G&G Admin & Cons. SF.120-2 4/82 " .' . omissions not caused by gross negligence, willful misconduct or lack of good faith or want of r~ason~ble and ordin~ry care. 10. Additional Services A~y changes in the Plan, found to be compatible with existing systems and procedures and approved by the Contract Administrator which require additional programming, reports or services will be at the expensE! of .the Plan Sponsor. The Plan Sponsor agrees to make changes in benefits only at the beginnfng of the plan year allowing sixty (60) days prior notice to the Contract Ad- r.T.l~nistr~~or. Exceptions.,n:\Ust b~ agreed upon the by Contract Administrator. . 11. O,ther Applicable Agreements The following James/Galbraith & Green agreements are by this reference incorporated in this agreement: . Form;.Number . . ;.Plan Sponsor's Initials ...... ':. SF-120-4 4/82 .J ,~ Title of Agreement Exhibit A - Admin- ,istrative Services Exhibit B - Consul- ting Services Date March 18, 1983 SF-122-3 4/82 March 18,1983 By" ,. "Plan Sponsor" Date By "Contract Administrator" Date ..... :.. .......:. - ~ . - _.. ~.:~ I ~ ~ i-...... ,0 I..:....): .... ~. " I;'" i.. <<-. " . . I' . . . servicas of tile Contract Administrl'!ior ann ~crn,l; ~r)~ ~;..~ ;;~;: ~'~~:~"J'~~~'~~;~~':' ;~ ',-,::~~: ~. : ~;~'~:;:. .,.:.--- ~ :'. ", ~.' .' .... r" .. :.. . .. .. - I -" -.- - .. . James / Galbraith & GrEEn FRED, S, JAMES & co. Consullants. Administrators & ACluarles J/G&G Admin, SF,121.3 4/82 " . . EXHIBIT A ADMINISTRATIVE SERVICES , .,1.. Answer all telephone and mail inquiries from participants as to benefits provided fonhem and their ,cj~'pe,ndelJts. _ 2. 'Provide information concerning the plan benefits and eligibility of participants to all providers and :. participants based on eligibility information provided by the Plan Sponsor. 3. Receive claims and claim documents from the participants of the plan and verify the eligibility of the - 'c~~}~~n~s ,fC?r ~e~efits based on..eligibility information provided by the Plan Sponsor. . 4~ --'Review all claims thoroughly and coordinate them with doctors, hospitals, and other providers of services, to determine that the charges made are necessary, reasonable and customary. 5. Correspond with claimants if additional information is needed for payment of their claims. 6. Coordinate benefits with other benefit plans, insurance plans, and health maintenance organiza- tions. 7. Handle all claims expeditiously. 8. Process, issue and distribute the claims, checks or drafts to the participants, hospitals, doctors, or others as applicable and provide documents to support these disbursements. 9. Furnish standard Administrator's internal forms and coordinate with the Plan Sponsor the design and printing of claim forms, ID cards, and other supplies designed specifically for the Plan Sponsor. 10. Notify claimants in writing of ineligible claims filed, indicating the reason for the declination of same. 11. Provide the following claims report: A. Explanation of benefits 8. Claim analysis by line of coverage and total C. Claim list by participant D. Coordination of benefits savings E. Incurred claim lag study F. Claims pending reports G. Cash transaction register H. Report to IRS regarding payment to health providers 12. Provide the necessary data to the Plan Sponsor for preparation of ERISA reports and filings. 13. Attend meetings IIyith Plan $ponsor (trust or corporate) as necessary for proper administration of the Plan. . ' 14. Provide the Plan Sponsor or participating groups of the plan instruction for reporting their employees' eligibility to the Contract Administrator. 15. Provide a monthly financial report to the Plan Sponsor showing the financial status of the plan as of the end of the preceding month to include the following: A. Contributions and Income 8. Claims paid and expenses Jcmes / Galbraith & Green FRED, S, JAMES & co, '':onSUllants. AOmlnlSlrators & ACluarles J/G&G Admin & Cons. SF.120.4 4/82 .e e . , ... EXHIBIT B CONSULTING SERVICES 1. Counsel, advise and suggest to the Plan Sponsor a specific set of benefits which will accomplish the aims of the Plan.- - .. - . - 2. When a specific set of benefits has been agreed upon, perform the marketing function of negotiating ~'ith-appropriate insurance carriers.. .. . 3. Prepare a detailed written report concerning the companies that have been considered. This report will contain basically the following material. A. Plan Provisions B. Service Facilities C. Net Cost .. D. Claim Reserves E. Dividends F. Retentions 4. Provide the consulting, underwriting, and planning to initiate a self.funded plan where applicable. 5. Provide the consulting as to contribution levels for present benefits. 6. Provide evaluation and underwriting data for contract changes and provisions such as benefit in- creases and decreases. 7. Keep the Plan Sponsor advised of the innovations and developments in the field of health and welfare which would be helpful or of interest. 8. Counsel with the Plan Sponsor concerning the financial future of the Plan to assure the accumula. tion of proper reserves. 9. Provide medical cost data and medical cost trends in the area involved which would aid in designing the benefits. 10. Coordinate with legal counsel and others in regard to ERISA requirements and information. 11. Assist in the preparation of a Plan Document outlining all benefits and provisions of the Plan. 12.,Assist in preparing the announcement material and Summary Plan Description which will be design- ed to advise the Participant of the benefits available and the eligibility requirements. p. A$si.st ttJ~ .Plan Sponsor ,in .obtaining prop~r efl.roll,m.en), d,a.tc}~ '., _ . _. . 1",'\~~:""IIL.IIIC\Jllll,:::,,~~"I. ~'..' ,.... ....\.." __ a.or(:<.~::/I::.'.',,~::=-, . . ,. :.I..;...r;.tf::-:I-'.~:-'. 14. Consult and assist in deSign of the required administrative forms; enrollment cards, cralm forms, claim explanation of benefits, drafts. 15. Provide a review of marginal or questionable claims. 16. After the Plan has been implemented, remain at the service of the Plan Sponsor for advice or counsel on any problems that may arise in relation to the Plan. 17. Act as "Agent of Record" on the following coverages: Life Accidental neath and ni~memherment ~~~~ir~~Psi~~r,~~~s This service includes competive bidding of various insured plans as requested. .Jans==; / Galbraith & Green FRED, s, JAMES & co, Consullanas. Allmlnlsualors & ACluaues J/G&G Cons. SF.122.3 4/82 AD~ISTRATION AND CONSULTING CONTRACT THIS ADMINISTRATION AND ~NSULTlNG CONTRACT, made and exled the' May , 19-a6-, by and between City of La Porte. Texas hereinafter referred to as "Plan Sponsor," and JAMES BENEFITS, a division of Fred. S. James & Co., hereinafter referred to as the "Contract Administrator and Consultant." 19 day of RECITALS The Contract Administrator and Consultant is engaged in the business of performing services as Employee Benefit Consul- tants and Administrators. The Plan Sponsor hereby engages the services of the Contract Administrator and Consultant to provide administrative ser- vices for City of La Porte Employee Medical Fund , hereinafter referred to as "Plan." For and in consideration of the mutual covenants and the monetary consideration herein recited, it is mutually agreed as follows: 1. Services to be Performed. The Contract Administrator and Consultant shall perform for the Plan Sponsor administrative and consulting services in conjunction with the administration and operation of the Plan. The administrative services to be performed by the Contract Administrator and Consultant are set forth in Exhibit A, attached hereto and by reference made a part hereof for all purposes. The consulting services to be performed by the Contract Administrator and Consultant are set forth in Exhibit B, attached hereto and by reference made a part hereof for all purposes. (a) As a part of the services to be performed by the Contract Administrator and Consultant, the Contract Adminis- trator and Consultant shall maintain and operate an administrative office for such purposes and pay all normal costs and expenses for such maintenance and operation (except as herein set forth). (b) The Contract Administrator and Consultant shall employ a sufficient staff of employees or others to provide the administrative and consulting services to be performed by the Contract Administrator and Consultant hereunder. However, the Contract Administrator and Consultant will not provide nor be responsible for the expense and cost of legal counsel, actuaries, consulting physicians or dentists, certified public accountants, investment counselors, in- vestment analysts or similar type services performed for the Plan Sponsor; the Contract Administrator and Consul- tant shall not be authorized to engage such services or incur any expense or cost therefore without the written consent of the Plan Sponsor. In the event that the Contract Administrator and Consultant engages such services at the request of the Plan :Sponsor.. the .Plan Sponsor sh~ll_ b~ responsible for such services and the cost and expense thereof. 1 (c)'?r1\e !Se!tvi€.es'lo-"l:5e-perrormed by-tl1~ CtUUfllalA"dministrator and Consultant shall be -minist~rial iI1r!lature.and !!hall be performed within the framework of policies, interpretations, rules, practices and procedures made or established by the Plan Sponsor. The Contract Administrator and Consultant shall have neither discretionary authority nor discre- tionary controls respecting management of the plan's funds; and, shall not have authority to nor exercise any control respecting management or disposition of the assets of such funds; and, shall not render investment advice with respect to any money or other property of such funds; and therefore, shall not be considered a fiduciary of the Plan as defined in the Employee Retirement and Income Security Act of 1974. 2. Service Fee. The Plan Sponsor agrees to pay to the Contract Administrator and Consultant for the services to be per- formed hereunder the following fees: (a) An initial onetime fee of $ (b) A Monthly fee of $ 5. 4% of payable on or before net paid medical claims (4.4%-Admin., 1.O%-r.nn,,"1ting) - 0 - N/A The monthly fee stated in this agreement is based upon a maximum monthly expected claims utilization (claims submitted per 100 employees per month) of N/ A . Should claim utilization exceed this figure, the Plan Sponsor shall pay an additional fee of $ N / A per claim. Actual utilization figures will be reviewed periodically, and mutually agreeable adjustments may be made. The Contract Administrator and Consultant shall provide a statement of the above f.:.es and deduct the amount from the Plan account on or before the 10th of each month, based on enrollment the first of the month. If the Plan Sponsor so requests in writing, the Contract Administrator or Consultant shall provide a statement of the above fees to the Plan Sponsor who shall then make payment to the Contract Administrator and Consultant, on or before the 10th of each month. In the event that insufficient funds are available in the account, or if the Plan Sponsor does not submit to the Contract Administrator and Consultant the information to deduct or charge for the fees, interest will be charged on the fees, due the Contract ACC 7/85 1 Administrator and Consultant at the. of one and one-half percent (1 Y207o) per.nth or the maximum rate allowed by law, whichever is less. 3. Term. The term of this Administration, and Consultin..g Contract shall be for one year, beginning June 1, 1986 and ending May 31, 1987 . , At the end of the contract year, if neither party requests a change, the contract shall be automatically renewed. The fees stated in paragraph two (2) are subject to negotiation on the anniversary date of the contract, or on any monthly due date after the initial one year period, providing the Contract Administrator and Consultant has given timely.notice of intent to adjust the fees. The new fees and contract will continue in force for one year from the effective date. Either party shall have the right to terminate or renegotiate the contract after the initial one year period by giving to the other party written notice of such termination or renegotiation of the terms of the contract at least thirty (30) days in advance. In the event timely notice of intent to renegotiate the terms of the contract is given by either party the contract shall continue until such renegotiated terms are agreed to in writing. In the event that such renegotiated terms are not agreed to in writing by both parties within thirty (30) days following the expiration date of the then current contract year, this contract shall terminate upon thirty (30) days notice. The Contract Ad- ministrator and Consultant will have no further responsibility or obligation hereunder upon termination of this contract. In the event of termination of this contract, if claims are to be processed after the termination date, the fees for services shall be either the specified percentage of claims or dollars per claim, or based on the average of fees during the last two months of the contract, as follows: 100% of the average fees during the first month after termination, 75% the second month, 50% the third month, and 25% thereafter until no further claims are processed, or services required. 4. Records and Files. The Contract Administrator and Consultant shall maintain all records in conjunction with the ad- ministrative services to be performed hereunder. The confidentiality of such records shall be maintained by the Contract Ad- ministrator and Consultant and the information therein shall not be divulged or disclosed or made available to persons other than the Plan Sponsor without the prior written approval of the Plan Sponsor or a court of competent jurisdiction. In the event of the termination of this contract, the Contract Administrator and Consultant shall deliver to the Plan Sponsor, upon written request, within a time period mutually agreeable, but not to exceed six months from date of termination, the informa- tion on all claim histories for the past two years. If the claim history is requested, the Plan Sponsor will pay all costs incurred by the Contract Administrator and Consultant in providing the history, including the cost of programming, computer charges, mailing costs, etc. This information will be provided on a magnetic tape with industry standard labels, and will be in the stan- dard format of the James Benefits database. If additional information is requested by the Plan Sponsor subsequent to the termination of this Contract, the Plan Sponsor will pay all costs incurred by the Contract Administrator and Consultant in providing such information, including the cost of programming, computer charges, mailing costs, etc. The Contract Administrator and Consultant shall be entitled to retain copies of any such records at his own expense. C'" ''''1,(' ~''I.r,;'" t.,. I........ T..... ....._I'P(....., )....,. . h, ( ,n:-rr"'l 1\,.f"19ro.'P' ...... ..,....,.. "II.llip r' ...~.,.:, ,.... p" . I' ...~ -, . \ ..1" 5. Liabilities 'and Obiigations. The Contract A.'dirii~istrato:r'a~d C~ns~ltani shall' have no responsibility, 'ri;k: lia~mty' ~r obligation for the funding of the Plan. The responsibility and obligation for funding of the Plan shall reside solely and totally with the Plan Sponsor, entities, and/or participants as provided in the Plan while the Plan is effective and for all extended liabilities of the Plan whether necessary because of Plan termination or because of change to fully or partially insured funding methods. (a) It is further understood and agreed that the Contract Administrator and Consultant shall have neither responsibil- ity nor obligation to take action, legal or otherwise, against any employer or employees or other person to enforce provisions of the Plan. In the event that the Plan Sponsor desires to engage the services of the Contract Administrator and Consultant for such purposes, such services shall be engaged and rendered only pursuant to a separate written agreement between the parties. (b) It is further understood and agreed that the Contract Administrator and Consultant shall not be responsible or obligated for the investment of any assets or funds of the Plan. However, the Contract Administrator and Consultant agrees to prepare and maintain records of the investment of the assets of funds of the Plan if the Plan Sponsor re- quests the Contract Administrator and Consultant to do so and provides the information and documents necessary to prepare and maintain such record. (c) The Contract Administrator and Consultant will process and pay benefits in accordance with the plan(s) or policy(ies) adopted by the Plan Sponsor. It is agreed that the Contract Administrator and Consultant will incorporate sound business practices and be responsible for reasonable internal audits. When or where an error exists the Contract Ad- ministrator and Consultant shall use reasonable efforts for recovery of any loss resulting therefrom, but will not be required to initiate legal process for any such recovery. ACC 7/85 2 6. Independent Contractor. It is un~ood and agreed that the Contract Admini_or and Consultant is engaged to per- form services under this Agreement as. independent contractor. The Contract A~istrator and Consultant shall use its best efforts to implement such written instructions, if any, as to policy and procedures which may be given by the Plan Sponsor provided that such instructions are consistent and compatible with the description of services to be performed by the Contract Administrator and Consultant and any laws or regulations, including but not limited to the Employee Retirement Income Security Act of 1974, as amended. 7. Plan Sponsor. The term "Plan Sponsor" shall be defined to include the employer or corporation sponsoring the Plan or Trustees of the Trust sponsoring the Plan who serve at the time of execution of this Contract and shall also include suc- cessors or successor trustees serving from time to time during the term of the Contract. The Contract Administrator and Con- sultant shall be entitled to rely upon the Plan Sponsor's notice or instructions. 8. Assignment. The Contract Administrator and Consultant shall neither assign nor delegate to any person or entity the duties, obligations or responsibilities of this contract without prior written approval from the Plan Sponsor. 9. Indemnification. The Contract Administrator and Consultant agrees to be responsible for reasonable damages as provi- ded by law for any acts or omissions wherein the Contract Administrator and Consultant is finally adjudged or willfully acknowledges it is guilty of want of reasonable and ordinary care, gross negligence, willful misconduct or lack of good faith. The Plan Sponsor agrees to indemnify, hold harmless and defend the Contract Administrator and Consultant for any acts or omissions of the Contract Administrator and Consultant not caused by gross negligence, willful misconduct or lack of good faith or want of reasonable and ordinary care. 10. Additional Services. Any changes in the Plan found to be compatible with existing systems and procedures and approved by the Contract Administrator and Consultant which require additional programming, reports or services will be at the ex- pense of the Plan Sponsor. The Plan Sponsor agrees to make changes in benefits effective only at the beginning of the plan year, allowing sixty (60) days prior notice to the Contract Administrator and Consultant. Exceptions must be agreed upon by the Contract Administrator and Consultant. 11. Other Applicable Agreements. The Following James Benefits' agreements are by this reference incorporated in this Contract: Form Number Plan Sponsor's Initials Title of Agreement Exhi bit A Administrative Services Exhibit B Consulting Services Date AX 7/85 CX 7/85 5/19/86 5/19/86 12. Additional Agreements. This contract may not be modified, changed, or additions made, without putting the modifications, changes, or additions in writing and having both parties to this contract sign such writing. By Plan Sponsor Date By Contract Administrator and Consultant Date ACC 7/85 3 e EXHIBIT A e ADMINISTRATIVE SERVICES I. Answer all telephone and mail inquiries from participants regarding benefits provided to them and their dependents. 2. Provide information concerning the plan benefits and eligibility of participants to all providers and participants based on eligibility information provided by the Plan Sponsor. 3. Receive claims and claim documents from the participants of the plan and verify the eligibility of the claimants for benefits based on eligibility information provided by the Plan Sponsor. 4. Review all claims thoroughly and coordinate them with doctors, hospitals, and other providers of services, to determine that the charges made are usual, reasonable and customary and/or related to diagnostic related groups, preferred provider organization agreements or other industry standards. 5. Correspond with claimants if additional information is needed for payment of their claims. 6. Coordinate benefits through the employee for potential payments from other benefit plans, insurance plans, health maintenance organizations and government sponsored plans. 7. Handle all claims expeditiously. 8. Process, issue and distribute the explanations of benefits and checks or drafts to the participants, hospitals, doctors, Plan Sponsor, or others as applicable, and provide documents to support these disbursements. 9. Furnish standard Administrator's internal forms and coordinate with the Plan Sponsor the design and printing of claim forms, ID cards, and other supplies designed specifically for the Plan Sponsor. 10. Notify claimants in writing of ineligible claims filed, explaining why a particular claim is ineligible for payment. II. Provide the following claims reports: A. Explanation of benefits B. Claim analysis by line of coverage and total C. Claim list by participant D. Coordination of benefits savings .. ..,:.rE'.;(m~hrie(n:i~iritlagstudf ;1"'1" 10111>:" .I.II!__,..' . I I ~ ( , . . :.;'lIL ,.....: it.. F. Claims pending reports G. Cash transaction register H. Report to IRS regarding payment to health providers 12. Provide the necessary data to the Plan Sponsor for preparation of ERISA reports and filings. 13. Attend meetings with Plan Sponsor (trust or corporate) as necessary for proper administration of the Plan. 14. Provide the Plan Sponsor the plan instruction for reporting its employees' eligibility to the Contract Administrator. AX 7/85 e EXHIBIT B e CONSULTING SERVICES 1. Counsel, advise and suggest to the Plan Sponsor a specific set of benefits that will accomplish the aims of the Plan. 2. When a specific set of benefits has been agreed upon, the consultant shall market it and negotiate with appropriate in- surance carriers. 3. Prepare a detailed written report concerning the insurance companies that have been considered. This report will detail basically six aspects: A. Plan Provisions B. Service Facilities C. Net Cost D. Claim Reserves E. Dividends F. Retentions 4. Provide the consulting, underwriting, and planning to initiate a self-funded plan where applicable. 5. Provide the consulting to determine reasonable contribution levels for present benefits. 6. Provide evaluation and underwriting data for contract changes and contract provisions such as benefit increases and decreases. 7. Apprise the Plan Sponsor of the innovations and developments in the field of health and welfare that would be helpful or of interest. 8. Counsel with the Plan Sponsor concerning the financial future of the PlaQ to ensure the accumulation of proper reserves. 9. Provide medical cost data and medical cost trends in the area involved that would aid in designing the benefits. 10. Coordinate with legal counsel and others in regards to ERISA requirements and information. II. Assist. in t~e preparation ~f a Plan Document outlining all benefits and provisions of the Plan. 12. Assist in preparing the announcement material and Summary Plan Description that are designed to advise the Participants of the benefits available and the eligibility requirements. 13. Assist the Plan Sponsor in obtaining proper enrollment data. 14. Consult and assist in designing the required administrative forms: e.g., enrollment cards, claim forms, explanation of benefits, and drafts. 15. Provide for a review of marginal or questionable claims. 16. After the Plan has been implemented, continue to advise and counsel the Plan Sponsor on any problems that may arise in relation to the Plan. 17. Act as "Agent of Record" on the following coverages: Life, Accidental Death and Dismemberment, Aggregate Stop Loss, Specific Stop Loss, and other coverages which the Plan Sponsor may designate at a later date. This service includes competitive bidding of various insured plans as requested. ex 7/85 ADIISTRATION AND CONSULTING CONTRACT THIS ADMINISTRATION AND NSUL TING CONTRACT, made and ex.ed the May , 19--8L, by and between City of I a Portp, Texa~ hereinafter referred to as "Plan Sponsor," and JAMES BENEFITS, a division of Fred. S. James & Co., hereinafter referred to as the "Contract Administrator and Consultant." 19 day of RECIT ALS The Contract Administrator and Consultant is engaged in the business of performing services as Employee Benefit Consul- tants and Administrators. The Plan Sponsor hereby engages the services of the Contract Administrator and Consultant to provide administrative ser- vices for City of La Porte Employee Medical Fund , hereinafter referred to as "Plan." For and in consideration of the mutual covenants and the monetary consideration herein recited, it is mutually agreed as follows: I. Services to be Performed. The Contract Administrator and Consultant shall perform for the Plan Sponsor administrative and consulting services in conjunction with the administration and operation of the Plan. The administrative services to be performed by the Contract Administrator and Consultant are set forth in Exhibit A, attached hereto and by reference made a part hereof for all purposes. The consulting services to be performed by the Contract Administrator and Consultant are set forth in Exhibit B, attached hereto and by reference made a part hereof for all purposes. (a) As a part of the services to be performed by the Contract Administrator and Consultant, the Contract Adminis- trator and Consultant shall maintain and operate an administrative office for such purposes and pay all normal costs and expenses for such maintenance and operation (except as herein set forth). (b) The Contract Administrator and Consultant shall employ a sufficient staff of employees or others to provide the administrative and consulting services to be performed by the Contract Administrator and Consultant hereunder. However, the Contract Administrator and Consultant will not provide nor be responsible for the expense and cost of legal counsel, actuaries, consulting physicians or dentists, certified public accountants, investment counselors, in- vestment analysts or similar type services performed for the Plan Sponsor; the Contract Administrator and Consul- tant shall not be authorized to engage such services or incur any expense or cost therefore without the written consent of the Plan Sponsor. In the event that the Contract Administrator and Consultant engages such services at the request of the Plan Sponsor, the Plan Sponsor shall be responsible for such services and the cost and expense thereof. (c) The services to be performed by the Contract Administrator and Consultant shall be ministerial in nature and shall be performed within the framework of policies, interpretations, rules, practices and procedures made or established by the Plan Sponsor. The Contract Administrator and Consultant shall have neither discretionary authority nor discre- tionary controls respecting management of the plan's funds; and, shall not have authority to nor exercise any control respecting management or disposition of the assets of such funds; and, shall not render investment advice with respect to any money or other property of such funds; and therefore, shall not be considered a fiduciary of the Plan as defined in the Employee Retirement and Income Security Act of 1974. 2. Service Fee. The Plan Sponsor agrees to pay to the Contract Administrator and Consultant for the services to be per- formed hereunder the following fees: (a) An initial onetime fee of $ (b) A Monthly fee of $ 5.4% payable on or before of npt paid mpdi~al claims (4 4%-Admin - 0 - N/A 1 O%-Consulting) The monthly fee stated in this agreement is based upon a maximum monthly expected claims utilization (claims submitted per 100 employees per month) of N / A . Should claim utilization exceed this figure, the Plan Sponsor shall pay an additional fee of $ N / A per claim. Actual utilization figures will be reviewed periodically, and mutually agreeable adjustments may be made. The Contract Administrator and Consultant shall provide a statement of the above f\.<,:s and deduct the amount from the Plan account on or before the 10th of each month, based on enrollment the first of the month. If the Plan Sponsor so requests in writing, the Contract Administrator or Consultant shall provide a statement of the above fees to the Plan Sponsor who shall then make payment to the Contract Administrator and Consultant, on or before the 10th of each month. In the event that insufficient funds are available in the account, or if the Plan Sponsor does not submit to the Contract Administrator and Consultant the information to deduct or charge for the fees, interest will be charged on the fees due the Contract ACC 7/85 1 Administrator and Consultant at the. of one and one-half percent (l YzOJo) per_nth or the maximum rate allowed by law, whichever is less. 3. Term. The term of this Administration and Consulting Contract shall be for one year, beginning June 1 t 1986 and ending May 31, 1987 At the end of the contract year, if neither party requests a change, the contract shall be automatically renewed. The fees stated in paragraph two (2) are subject to negotiation on the anniversary date of the contract, or on any monthly due date after the initial one year period, providing the Contract Administrator and Consultant has given timely ,notice of intent to adjust the fees. The new fees and contract will continue in force for one year from the effective date. Either party shall have the right to terminate or renegotiate the contract after the initial one year period by giving to the other party written notice of such termination or renegotiation of the terms of the contract at least thirty (30) days in advance. In the event timely notice of intent to renegotiate the terms of the contract is given by either party the contract shall continue until such renegotiated terms are agreed to in writing. In the event that such renegotiated terms are not agreed to in writing by both parties within thirty (30) days following the expiration date of the then current contract year, this contract shall terminate upon thirty (30) days notice. The Contract Ad- ministrator and Consultant will have no further responsibility or obligation hereunder upon termination of this contract. In the event of termination of this contract, if claims are to be processed after the termination date, the fees for services shall be either the specified percentage of claims or dollars per claim, or based on the average of fees during the last two months of the contract, as follows: 100% of the average fees during the first month after termination, 75% the second month, 50% the third month, and 25% thereafter until no further claims are processed, or services required. 4. Records and Files. The Contract Administrator and Consultant shall maintain all records in conjunction with the ad- ministrative services to be performed hereunder. The confidentiality of such records shall be maintained by the Contract Ad- ministrator and Consultant and the information therein shall not be divulged or disclosed or made available to persons other than the Plan Sponsor without the prior written approval of the Plan Sponsor or a court of competent jurisdiction. In the event of the termination of this contract, the Contract Administrator and Consultant shall deliver to the Plan Sponsor, upon written request, within a time period mutually agreeable, but not to exceed six months from date of termination, the informa- tion on all claim histories for the past two years. If the claim history is requested, the Plan Sponsor will pay all costs incurred by the Contract Administrator and Consultant in providing the history, including the cost of programming, computer charges, mailing costs, etc. This information will be provided on a magnetic tape with industry standard labels, and will be in the stan- dard format of the James Benefits database. If additional information is requested by the Plan Sponsor subsequent to the termination of this Contract, the Plan Sponsor will pay all costs incurred by the Contract Administrator and Consultant in providing such information, including the cost of programming, computer charges, mailing costs, etc. The Contract Administrator and Consultant shall be entitled to retain copies of any such records at his own expense. -;- .' I......... f' .;.. ".., .. ..~ ,". . .. -.:.:. " ','" 5. Liabilities' and Obligations. The Contract Administrator and Consultant shall have no responsibility, risk, liability 'or obligation for the funding of the Plan. The responsibility and obligation for funding of the Plan shall reside solely and totally with the Plan Sponsor, entities, and/or participants as provided in the Plan while the Plan is effective and for all extended liabilities of the Plan whether necessary because of Plan termination or because of change to fully or partially insured funding methods. (a) It is further understood and agreed that the Contract Administrator and Consultant shall have neither responsibil- ity nor obligation to take action, legal or otherwise, against any employer or employees or other person to enforce provisions of the Plan. In the event that the Plan Sponsor desires to engage the services of the Contract Administrator and Consultant for such purposes, such services shall be engaged and rendered only pursuant to a separate written agreement between the parties. (b) It is further understood and agreed that the Contract Administrator and Consultant shall not be responsible or obligated for the investment of any assets or funds of the Plan. However, the Contract Administrator and Consultant agrees to prepare and maintain records of the investment of the assets of funds of the Plan if the Plan Sponsor re- quests the Contract Administrator and Consultant to do so and provides the information and documents necessary to prepare and maintain such record. (c) The Contract Administrator and Consultant will process and pay benefits in accordance with the plan(s) or policy(ies) adopted by the Plan Sponsor. It is agreed that the Contract Administrator and Consultant will incorporate sound business practices and be responsible for reasonable internal audits. When or where an error exists the Contract Ad- ministrator and Consultant shall use reasonable efforts for recovery of any loss resulting therefrom, but will not be required to initiate legal process for any such recovery. ACC 7/85 2 6. Independent Contractor. It is un~ood and agreed that the Contract Admini_tor and Consultant is engaged to per- form services under this Agreement a_ independent contractor. The Contract A~istrator and Consultant shall use its best efforts to implement such written instructions, if any, as to policy and procedures which may be given by the Plan Sponsor provided that such instructions are consistent and compatible with the description of services to be performed by the Contract Administrator and Consultant and any laws or regulations, including but not limited to the Employee Retirement Income Security Act of 1974, as amended. 7. Plan Sponsor. The term "Plan Sponsor" shall be defined to include the employer or corporation sponsoring the Plan or Trustees of the Trust sponsoring the Plan who serve at the time of execution of this Contract and shall also include suc- cessors or successor trustees serving from time to time during the term of the Contract. The Contract Administrator and Con- sultant shall be entitled to rely upon the Plan Sponsor's notice or instructions. 8. Assignment. The Contract Administrator and Consultant' shall neither assign nor delegate to any person or entity the duties, obligations or responsibilities of this coQtract without prior written approval from the Plan Sponsor. 9. Indemnification. The Contract Administrator and Consultant agrees to be responsible for reasonable damages as provi- ded by law for any acts or omissions wherein the Contract Administrator and Consultant is finally adjudged or willfully acknowledges it is guilty of want of reasonable and ordinary care, gross negligence, willful misconduct or lack of good faith. The Plan Sponsor agrees to indemnify, hold harmless and defend the Contract Administrator and Consultant for any acts or omissions of the Contract Administrator and Consultant not caused by gross negligence, willful misconduct or lack of good faith or want of reasonable and ordinary care. 10. Additional Services. Any changes in the Plan found to be compatible with existing systems and procedures and approved by the Contract Administrator and Consultant which require additional programming, reports or services will be at the ex- pense of the Plan Sponsor. The Plan Sponsor agrees to make changes in benefits effective only at the beginning of the plan year, allowing sixty (60) days prior notice to the Contract Administrator and Consultant. Exceptions must be agreed upon by the Contract Administrator and Consultant. II. Other Applicable Agreements. The Following James Benefits' agreements are by this reference incorporated in this Contract: Form Number Plan Sponsor's Initials Title of . . Agreement Exh,b,t A Administrative Services Exhibit B Consulting Services Date AX 7/85 5/19/86 CX 7/85 5/19/86 12. Additional Agreements. This contract may not be modified, changed, or additions made, without putting the modifications, changes, or additions in writing and having both parties to this contract sign such writing. By Plan Sponsor Date By Contract Administrator and Consultant Date ACC 7/85 3 e EXHIBIT A e ADMINISTRATIVE SERVICES 1. Answer all telephone and mail inquiries from participants regarding benefits provided to them and their dependents. 2. Provide information concerning the plan benefits and eligibility of participants to all providers and participants based on eligibility information provided by the Plan Sponsor. 3. Receive claims and claim documents from the participants of the plan and verify the eligibility of the claimants for benefits based on eligibility information provided by the Plan Sponsor. 4. Review all claims thoroughly and coordinate them with doctors, hospitals, and other providers of services, to determine that the charges made are usual, reasonable and customary and/or related to diagnostic related groups, preferred provider organization agreements or other industry standards. 5. Correspond with claimants if additional information is needed for payment of their claims. 6. Coordinate benefits through the employee for potential payments from other benefit plans, insurance plans, health maintenance organizations and government sponsored plans. 7. Handle all claims expeditiously. 8. Process, issue and distribute the explanations of benefits and checks or drafts to the participants, hospitals, doctors, Plan Sponsor, or others as applicable, and provide documents to support these disbursements. 9. Furnish standard Administrator's internal forms and coordinate with the Plan Sponsor the design and printing of claim forms, 10 cards, and other supplies designed specifically for the Plan Sponsor. 10. Notify claimants in writing of ineligible claims filed, explaining why a particular claim is ineligible for payment. 11. Provide the following claims reports: A. Explanation of benefits B. Claim analysis by line of coverage and total C. Claim list by participant O. Coordination of benefits savings \. "i.,;. . .." '1.,1 .\ (,..... : . r" r '.. ,- . f'. ' -E. incurred chiim'lag study , F. Claims pending reports G. Cash transaction register H. Report to IRS regarding payment to health providers I' ,;' 12. Provide the necessary data to the Plan Sponsor for preparation of ERISA reports and filings. 13. Attend meetings with Plan Sponsor (trust or corporate) as necessary for proper administration of the Plan. 14. Provide the Plan Sponsor the plan instruction for reporting its employees' eligibility to the Contract Administrator. AX 7185 e EXHIBIT B e CONSULTING SERVICES I. Counsel, advise and suggest to the Plan Sponsor a specific set of benefits that will accomplish the aims of the Plan. 2. When a specific set of benefits has been agreed upon, the consultant shall market it and negotiate with appropriate in- surance carriers. 3. Prepare a detailed written report concerning the insurance companies that have been considered. This report will detail basically six aspects: A. Plan Provisions B. Service Facilities C. Net Cost D. Claim Reserves E. Dividends F. Retentions 4. Provide the consulting, underwriting, and planning to initiate a self-funded plan where applicable. 5. Provide the consulting to determine reasonable contribution levels for present benefits. 6. Provide evaluation and underwriting data for contract changes and contract provisions such as benefit increases and decreases. 7. Apprise the Plan Sponsor of the innovations and developments in the field of health and welfare that would be helpful or of interest. 8. Counsel with the Plan Sponsor concerning the financial future of the Plan to ensure the accumulation of proper reserves. 9. Provide medical cost data and medical cost trends in the area involved that would aid in designing the benefits. 10. Coordinate with legal counsel and others in regards to ERISA requirements and information. II. Assist in the preparation of a Plan Document outlining all benefits and provisions of the Plan. ... ,,' '. .... .' ~ .; 12. Assist in preparing the announcement material and Summary Plan Description that are designed to advise the Participants of the benefits available and the eligibility requirements. 13. Assist the Plan Sponsor in obtaining proper enrollment data. 14. Consult and assist in designing the required administrative forms: e.g., enrollment cards, claim forms, explanation of benefits, and drafts. 15. Provide for a review of marginal or questionable claims. 16. After the Plan has been implemented, continue to advise and counsel the Plan Sponsor on any problems that may arise in relation to the Plan. 17. Act as "Agent of Record" on the following coverages: Life, Accidental Death and Dismemberment, Aggregate Stop Loss, Specific Stop Loss, and other coverages which the Plan Sponsor may designate at a later date. This service includes competitive bidding of various insured plans as requested. ex 7/85 e e PREFACE Council is requested to authorize modification to the City of La Porte Jail Area and the transfer of funds to cover the necessary costs of the modifications. Overall cost of the modifi- cation request is $3,500.00. The Administration recommends City Council approve the modifica- tions and the transfer of funds from Contingency to the Police Department to cover costs. e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jack Owen, City Manager DATE: June 3, 1986 FROM: C. E. Smith, Chief of Police SUBJECT: Modification to Jail Area As per the request from Praxis Corporation concerning the needed modifications to our jail, I have taken these steps towards overall improvements: (1) Installation of six (6) new heavy duty fire extinguishers....Purchased, awaiting .....delivery. (2) Install at ion of three (3) new commerc ial grade remote smoke detectors Purchased......awaiting delivery. (3) Installation of one (1) Zone Fire Alarm Control Panel, four (4) smoke detectors, one (1) manual pull station and one (1) interconnect to smoke ejection system....Bidded at $976.00 (4) Installation of heavy duty blower/extractor 100' metal ducting, two (2) intake vents, one (1) exhaust vent and miscellaneous hardware....Bidded at $1,775.00. Items 3 and 4 were bidded by Ascot, Inc. Alarm signal company., total cost for installation of these items should be $2,751.00. Terms of the bid is that we will have to furnish an electrician for electrical hook-up. This will add approximately $500.00 to cost for an approximate total of $3,500.00. Because this is an unbudgeted item, I am requesting that money be transferred to cover these costs. CS/jb e e PREFACE City Council is asked to consider contract from SWA for an environmental study of Little Cedar Bayou Park. This study was not included in their contract for the Master Plan and is required by the State during the application of State funds. Fee for the environmental study is $3,500.00. The Administration recommends Council approve the SWA contract for the environmental study. . e CITY OF LA PORTE INTER-OFFICE MEMORANDUM JUNE 4, 1986 TO: Jack Owen, City Manager Stan Sherwood, Director Parks & Recreation~ FROM: SUBJECT: Environmental Assessment of Little Cedar Bayou Attached is a contract from S.W.A. for an environmental study of Little Cedar Bayou Park. This was not part of their contract for the master plan but is required by the State for applying for State funds. Fee for this service is $3,500.00. Any further questions please call. SS/ms e . PREFACE City Council is asked to consider the Master Plan for Little Cedar Bayou Park to be presented by SWA. ~ The SWA Group 1245 West 18th Street Houston, TX 77008 713-868-1676 o f' o PHASING AND COST ESTIMATE, LITTLE CEDAR BAYOU PARK City of La Porte (LAP 65l) June 9, 1986 PHASE ONE - NO STATE MATCHING FUNDS Approximate Cost $1,279,000.00 Park Facilities lh M Street improved. 2 Softball fields with lighting. 2 Softball fields, no lighting. 1 Soccer field, no lighting. 2 Tennis courts with lighting. 1 Concession stand with restroom. 1 Swimming pool. 1500 SF Bath house. Picnic areas. Small play structure. Fishing pier, no lighting, self-contained toilet. Canoe launch. Nature tra ils. Trees. ( il The SWA Group. 1245 West 18th Street Houston, TX 77008 713-868-1676 o o Phasing & Cost Estimate, Little Cedar Bayou Park (LAP 651) June 9, 1986 Page 2 PHASE ONE - WITH STATE MATCHING FUNDS Approximate cost $2,029,000.00 ($750,000.00 maximum state funds) Park Facilities 1/2 M Street improved 2 Softball fields with lighting. 2 Softball fields, no lighting. 1 Soccer field with lighting. 4 Tennis courts with lighting. 2 Concession stands with restrooms. 1 Recreational pool. 3000 SF Bath house. Additional picnic facilities. Large play structure. Fishing pier with lighting and upgraded toilet facility. Canoe launch. Nature trails. Trees. Concrete walks. Lake footbridge. Boardwalks at natural areas. Play hill. u The SWA Group 1245 West 18th Street Houston, TX 77008 713-868-1676 o o Phasing & Cost Estimate, Little Cedar Bayou Park (LAP 651) June 9, 1986 Page 3 MASTER PLAN - ULTIMATE BUILDOUT Approximate Cost $4,313,000.00 Park Facilities M Street and P Street completed. 4 Softball fields with lighting. 4 Tennis courts with lighting. 2 Concession stands with restrooms. 1 Soccer field with lighting. 1 Recreational pool. 3000 SF Bath house. Picnic facilities. Large play structure. Fishing pier with lighting and restrooms. Canoe launch. Nature trails. Trees. Concrete walks. Lake footbridge. ,Boardwalks at natural areas. Play hill. Amphitheater bowl. Gymnasium facility. Lighted parking. Additional trails north of bayou. Bridge crossing bayou. Walk lighting. e e PREFACE Consent Agenda City Council is asked to approve the following items on a consent agenda: 1. Award one (1) year contract for bank sand to Walker Sand Truck, Inc. for $4.25 per cubic yard. 2. Award one (1) year supply for automobile supplies. agreement to Chickering supplies. agreement to Jones Oil Company Award one (1) year supply Oil & Supply for automobile 3. Award to May Fabricating, Beeville, Texas for front load containers. The Administration recommends approval of the consent agenda. e e INTER-OFFICE MEMORANDUM May 15, 1986 TO: J. Hodge - Director of Public Works T. Blackwell - Purchasing Agent ~ Sealed Bid #0147 - Supply Agreement for Bank Sand FROM: SUBJECT: Advertised, sealed bids #0147 for bank sand to supply various departments were opened and read in City Council Chambers May 13, 1986 at 4 p.m. Sealed bid invitations were mailed to seven (7) area sand suppliers and trucking companies with the following two returning bids: (1) Bay town Sand and Gravel and (2) Walker Dump Truck, Inc. Bidders were asked to submit delivered pricing for bank sand conforming to Texas Highway Dept. Specifications #131, Type A, Select Borrow, bank sand. Sand will be ordered on an as needed basis in full truckload quanti- ties with 24-hour response time required. The current contract price is $4.45 per cubic yard. Low bid was submitted by Walker Dump Truck, Inc. in the amount of $4.25 per cubic yard. I recommend that the City of La Porte award a one year agreement for bank sand to Walker Dump Truck, Inc. on the basis of low bid meeting specifications. Please submit your recommendation along with an Agenda Request Form and all attachments to the City Manager's Administrative Assistant no later than 5:00 p.m. on the Monday preceding the next regular Council meeting. If there is a need to delay bringing this bid to the Council, you should contact me immediately so that arrangements can be made to extend the quoted bids. Attachment: Bid Tabulation cc: R. Hare S. Sherwood . e , Sealed Bid 110147 Walker Bay town ,Dump Truck, Sand and Supply Agreement for Bank Sand Inc. Clay 1. Bank Sand - Price per Yard 4.25/vd 4.50/vd full 16 Yard Truck Loads ., . - I - . Q e e INTER-OFFICE MEMORANDUM May 23, 1986 TO: Dick Root - Superintendent Equipment Services FROM: Tim Blackwell - Purchasing Agent~ SUBJECT: Sealed Bid #0150 - Assorted Automobile Supplies Advertised, sealed bids #0150 for the annual supply agreement for automotive supplies were opened and read in City Council Chambers May 19, 1986 at 4 p.m. Bid invitations were mailed to fifteen area wholesalers and supply houses with the following vendors returning bids; (1) H&W Distri- buting Co., (2) Pettigrew Smith Auto Supply, (3) Jones Oil Inc., (4) Chickering Oil and Supply, (5) Bayou City Ford Truck, (6) Motor Machine and Supply Co., (7) Major Brand Oil and (8) Fischer Auto. Bidders were asked to submit firm prices for a one year period on all items included in supply agreement. Items will be released by blanket order by Equipment Services personnel for inventory and or as needed to maintain service level in the maintenance of City of La Porte rolling stock. Based on estimated annual quantities Jones Oil Company was low bid on Section I - Bulk Oils, Greases and Transmission Fluid. Chickering Oil and Supply was low bid on Section II - Antifreeze and Lubricants and Section III - Assorted Supplies. Recommended bid awards by Section are as follows: Section I: Award one year supply agreement to Jones Oil Co. - low bid meeting specifications. Section II & III - Award one year supply agreement to Chickering Oil and Supply - low bid meeting specifications. Please submit your recommendation along with an Agenda Request Form and all attachments to the City Manager's Administrative Assistant no later than 5:00 p.m. on the Monday preceding the next regular Council meeting. If there is a need to delay bringing this bid to the Council, you should contact me immediately so that arrangements can be made to extend the quoted bids. TB/mb Attachment: Bid Tabulation ~. " e e SeaJ.ed Bjp 110150 \ \ ~ChiCkerinB\BaYou City \ Motor \ H&W Dist. \ettiBrew Jones Oil Assorted Automotive Supplies Smith Aut Oil & Ford Truck Machine & Supply Supply \ \ \ \ i , i \ ; Section I \ \ 1. ExxonllFld 1156 bulk"or' eq." 3.26/gal 3.99/gal 2.665/gal 1. 69/gal No Bid No Bid 2. Blk Mtr Oil HDX 30 or eq. 2.60/gal 3.81/gal 2.436/gal 3.43/gal No Bid No Bid 3. Blk Tran Fld Dex II or eq 2.50/gal 5.31/gal 2.53/gal 2.16/gal No Bid No Bid 4. Blk Oil 85-140 Hypoid or q .45/lb .74/lb .4424/lb .421/lb No Bid No Bid Sample Pricing 5.64 12.00 1.00 2.00 Section II 1. Mtr Oil HDX 1130 wt. .75/qt. 1. 19/qt .849/qt 1.01/qt No Bid No Bid 2. Mtr Oil HDX10W-40 .96/qt 1. 24/qt .87/qt. .86/qt. No Bid No Bid 3. Mtr Oil HDX10W-30 .91/qt 1.32/qt 1. 122/qt .83/qt No Bid No Bid 4. Antifreeze 55 Gal. 2.98/gal 3.62/gal 3.01/gal 3.00/gal No Bid No Bid 5. Two Cvc Mtr. Oil 30 Wt. 1. 25/qt 1. 46/qt 1.2217/qt 1. 15/qt No Bid No Bid 6. Chassis Grease Qt. St. .81 .92 1. 0056 .525 No Bid No Bid Section III 1. Oil Dry Florco 50 II Bag 3.15 4.28 No Bid 4.05 No Bid 3.95 2. Armor All 4 oz bottle 1.40 1. 41 No Bid 1. 057 No Bid No Bid 3. Windshield Washer Fluid 1. 27 1.55 No Bid .925 10.28 .61 4. Penetrating Oil WD40 12 0 2.43 2.07 No Bid 1.655 No Bid 1. 51 5. Starting Fluid Solder M38 5 1.07 1.13 No Bid .919 2.21 .96 6. Carburetor Cleaner #7450 1.53 1. 91 No Bid 1. 65 3.38 2.18 7. Hand Cleaner Go Jo 1115 2.88 4.80 No Bid 4.426 8.89 4.56 8. Spark Plug Autolite 1124 1.14 .96 No Bid .93 1.14 .96 9. .. .. .. fl26 1.14 .96 No Bid .93 1. 14 .96 10. .. .. .. III 7 1.14 .96 No Bid .93 1. 14 .96 11. .. .. .. 1165 1.14 .96 No Bid .93 1. 14 .96 12. .. .. .. fl75 1. 00 .89 No Bid .81 1. 00 .84 f .,. . y e e Sealed Bid 110150 A'.ssortt~d Automotive \ \ H&W Dist. Pettigrew \ Jones Oil Chickering raYOn City \ Motor Supplies Smith Auto Oil Ford Truck Machine & \ Supply , I \ \ I i , Section III (continued) \ \ \ i 13. Oil Filter QS8A or eq. 2.25 2.63 No Bid 1. 88 3.48 2.30 14. Oil Filter OS13 or eq. 2.25 3.14 No Bid 1.88 3.91 2.58 15. Oil Filter OS19 or eq. 3.27 3.24 No Bid 2.42 3.91 2.27 16. Oil Filter QS30 or eq. 2.25 3.10 No Bid 1.88 3.64 2.55 17. Oil Filter QS43 or eq. 2.25 2.78 No Bid 1.88 3.64 2.29 18. Air Filter QSA-146 or eq 2.71 3.57 No Bid 2.34 3.57 2.50 19. Air Filter QSA184 or eq. 3.56 3.85 No Bid 2.34 4.00 2.80 20. Air Filter QSA192 or eq 3.13 3.39 No Bid 2.78 3.52 2.46 21. Air Filter QSA305 or eq. 2.99 3.44 No Bid 2.34 3.82 2.67 22. Air Filter QSA327 or eq 2.88 4.30 No Bid 2.34 4.46 3.12 23. Air Filter QSA351 or eq 2.39 3.51 No Bid 2.34 4.25 2.56 . 24. Hvd Filter FRC1702 6.26 9.52 No Bid 7.14 I 9.52 6.66 25. Hvd Filter FRCl721 2.65 4.30 No Bid 3.23 ! 4.30 3.01 26. Fleet Filter Kit FK3352 27.70 31. 20 No Bid 23.40 No Bid 21. 84 27. Breather Filter FRCA-19 1. 22 1.42 No Bid 1.07 1.42 .99 28. Air Filter CA189PL 2.40 2.83 No Bid 2.16 2.94 2.06 , 29. Air Fil ter CA224 23.69 25.52 No Bid 19.14 25.52 17.86 30. Air Filter CA321 24.90 27.61 No Bid 20.71 27.61 19.33 31. Air Filter CA326 2.88 4.55 No Bid 3.48 4.45 3.31 32. Air Filter CA324A 3.27 3.83 No Bid 2.95 3.97 2.78 33. Air Filter CA3324 7.13 7.45 No Bid 5.59 8.49 5.22 34. Air Filter CA3501 7.45 8.07 No Bid 6.05 8,07 5.65 35. Air Filter CAK253 11. 83 12.84 No Bid Q';1 12.84 8.99 36. Air Filter CAK255 10.12 24.95 No Bid 17.82 23.76 16.63 37. Air Fil ter CAK258 13.49 14.45 No Bid 10.84 14.45 10.12 .- -- --.. - I ~ e e \ \ \ , Sealed B~d 110150 \ \ Assorted Automotive H&W Dist. \pettigrew Jones Oil Chickering\ Bayou City \ Motor Suppies Smith Oil \ Ford Truck Machine Auto \ I Supply \ \ \ I \ \ \ , , \ i \ i 38. Oil Filter FRPH20 3.08 3.40 No Bid 2.25 3.40 2.38 39. Oil Filter Ph373 6.63 7.17 No Bid 5.38 8.02 5.02 40. Oil Filter PH977A 4.35 4.73 No Bid 3.55 5.27 3.31 41. Oil Filter PH2849A 3.27 3.89 No Bid 2.85 3.89 2.72 42. Fuel Filter FR G-2 2.16 2.01 No Bid 1. 51 2.01 1. 41 43. Fuel Filter CG-ll .79 .75 No Bid .56 .75 .53 44. Fuel Filter FRCG-12 .87 .82 No Bid .62 2.01 .57 45. Fuel Filter FRCG-20 1.44 1.30 No Bid .98 1.83 .91 46. Fuel Filter P3318 5.37 5.97 No Bid 4.48 5.97 4.18 47. Fuel Filter FRP3319 5.15 5.79 No Bid 4.34 5.79 4.05 ~ost Plus Cost Plus p-obber Pric 48. New Filter Requirements 10% 10% No Bid -- 9% less 30% Section I - Low Bid Jones Oil Co. Section II & III - Low Bid - Chickering Oil I I ~ . ,. e e Sealed Bid 110150 0# " \ \ Fischer \ \ \ Major Assorted Automotive Brand Oil \ Auto \ Supplies \ I \ , I \ I \ \ \ i I " \ \ i Section I \ \ i 1. Exxon Fld 1156 Bulk or eq. 3.39 All items 2. Blk Mtr Oil HDX 30 or eq. 3.24 12% Disc. -, 3. Blk Tran Fld Dex II or eq 3.32 Off Price ~.....~~.. 4. Blk Oil 85-140 Hypoid or e q .37 Sample Pricing Free for Kandom Sampling Sec tion II 1. Mtr Oil HDX 1130 wt. 1.03 2. Mtr Oil HDX10W-40 .99 3. Mtr Oil HDX10W-30 1.10 4. Antifreeze 55 gal. 2.74 5. Two Cyc Mtr Oil 30 Wt .98 6. Chassis Grease Qt. St. .88 Section III No Bid I I I "- ~--- -- e e '" CITY counCIL AGENDA ITEMS TO: CITY MANAGER Jack Owen FROM: Jerry Hodge Public Works Director DATE: June 3, 1986 REQUEST FOR CITY COUNCIL AGENDA ITEM 1. Agenda Date Requested: June 9, 1986 2. x REPORT; RESOLUTION; ORDINANCE 3. PROJECT SUMMARY: Front load garbage containers. 4. ACTION REQUIRED: Co~ncil approval/rejection. 5. ALTERNATIVE: Rebid. 6. RECOMMENDATION: Award to May Fabricating, Beeville, Texas. ~ 7. EXHIBITS: See attachment. 8. AVAILABILITY OF FUNDS: x General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing 9. ACCOUNT NUMBER: 001-700-703-821 FUNDS AVAILABLE: X YES _NO Jerry L. Hod'ge TYPE NAME N REQUESTED BY: 10. AGENDA 6 ~ ~- g~ DATE OFFICE . . . . INTER-OFFICE MEMORANDUM MAY 27, 1986 TO: Sonny Hubbard - Solid Waste Superintendent FROM: Tim Blackwell - Purchasing Agent ~~~.. SUBJECT: Sealed Bid #0148 - Front Load Containers Advertised, sealed bids #0148 for Front Load Containers were opened and read in City Council Chambers May 19, 1986 at 4:00 p.m. Bid invitations were mailed to eleven manufacturers with the following vendors returning bids: (1) May Fabricating Co., (2) Pleasant Mfg. Co., (3) Duncan Equipment Inc., (4) Scott and Hill Steel Corp., (5) Bayou Metal Products and (6) Industrial Dispo- sal Supply. Vendors were asked to submit firm pricing on three (3), four (4), six (6) and eight (8) yard front load containers. Successful vendor will be required to deliver containers as needed to the City of La Porte upon request of the Purchasing Agent. Overall low bid meeting specifications was submitted by May Fabricating Co. May Fabricating bid $23,240.02 and Scott and Hill Steel Corp. bid $23,055.00; but May Fabricating also,has payment terms of 2% 10 Net 30 which reduces their bid to $22,775.22. Scott and Hill Steel Corp. payment terms are net 30 per Mr. C. R. Hill, President of Scott and Hill Steel Corp. I therefore recommend that the City of La Porte issue a contract for front load containers to May Fabricating Company. Please submit your recommendation along with an Agenda Request Form and all attachments to the City Manager's Administrative Assistant no later than 5:00 p.m. on the Monday preceding the next regular Council meeting. If there is a need to delay bringing this bid to the Council, you should contact me immediately so that arrangements can be made to extend the quoted bids. TB/mb cc: R. Hare Attachment: Bid Tabulation , A I [\ ,':I, 'l~\.j \t , , ~ , I.. .. ., ~ . . Sealed Bid 110148 . i \ Fbi \1 \ D . \s tt & ~ Mtl\Id t i 1 F.;:ont ..oad Containers May a r - easant uncan co ayou e a n us r a cating Co. Mfg. Co. Equip. , Inc Hill Steel Products \DiSPOSal Corp. Supply \ \ \ \ i I , , , \ : i 1. 3 Cu. Yd. Container 291. 06 290.00 330.00 285.00 315.00 299.00 w/Plastic Lids - 22 ea. 2. 4 Cu. Yd. Container 328.06 336.00 365.00 317.00 369.00 339.00 w/Plastic Lids - 30 ea. 3. 6 Cu. Yd. Container 421.06 437.00 521. 00 450.00 516.00 429.00 w/Plastic Lids - 8 ea. 4. 8 Cu. Yd. Container 518.06 535.00 589.00 525.00 566.00 No Bid ) w/Plastic Lids - 7 ea. 2% 10 5. Terms Net 30 -- -- Net 30 -- -- Total 23,240.02 23,701. 00 26,501.00 23,055.00 26,090.00 -- Delivery Time in Days 7 days 30 days 20 days 60 days 21 days 15 days Lid Props 10 ga. bott m 7 ga. Exceotions No Chain 12 ga. side bumper pad 72x42x48 Metal Tabs 6 gussets 1 1/4" Drab - - -- .----.-- ---- - -