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HomeMy WebLinkAbout1995-12-11 Regular MeetingMINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL DECEMBER 11, 1995 1. CALL TO ORDER The meeting was called to order by Mayor Norman L. Malone at 6:00 P.M. Members of City Council Present: Mayor Norman L. Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell Members of Council Absent: Councilpersons Bob Thrower and Jerry Clarke Members of City Staff Present: City Manager Robert T. Herrera, Assistant City Manager John Jcerns, City Attorney Knox Askins, Assistant to the City Secretary Rita Lacey, Dir~tor of Finance/ACM Jeff Litchfield, Director of Administrative Services Louis Rigby, Director of Public Works Steve Gillett, Director of Planning Guy Rankin, Assistant Finance Director Cynthia Alexander, City Engineer Fred Thompson, Chief Building Official Mark Lewis, Police Chief Bobby Powell Others Present: Rev. Oliver Stillwell, Chip Collins representing the Accord Group, Ben Rosenberg representing HTE, Inc., Jim Cummins representing J.A.C. Interests, Inc., and several La Porte citizens 2. INVOCATION BY REV. OLIVER STII.LWELL -FIRST ASSEMBLY OF GOD CHURCH Rev. Oliver Stillwell pastor of First Assembly of God Church delivered the invocation. 3. CONSIDER APPROVING MINiJTES OF REGULAR MEETING NOVEMBER 13, 1995 Motion was made by Councilperson Cooper to approve the minutes of November 27 as presented. Second by Councilperson Sutherland. The motion carved, 7 ayes, 0 nays Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, and Mayor Malone Nays: None 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCII. There were no citizens wishing to address Council. 5. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING UPDATED SERVICE CREDTTS AND INCREASED ANNUITIES FOR 1996 (Ord. 95-1875-C) - L. Rigby Director of Administrative Services Louis Rigby reviewed the summary and recommendation for the request. Mr. Rigby reviewed changes to the Ordinance with Council. Councilperson Gay brought items to Council's attention. Councilperson Maxwell stepped away from the table before the voting, because he is a retiree. • • Minutes Regular Meeting La Porte City Council December 11, 1995, Page 2 City Attorney read: ORDINANCE 1875-C - A ORDINANCE AMENDING ORDINANCE 1875, AND ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF LA PORTS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Sutherland to approve Ordinance 95-1875-C as read by the Citv Attorney. Second by Councilperson Gay. The motion carved, 6 ayes and 0 nays. (Councilperson Maxwell stepped away for the vote) Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, and Mayor Malone Nays: None 6. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING AN EXTENSION OF THE PRIME CABLE TELEVISION FRANCHISE AGREEMENT (Ord. 95-2080) - K. Askins City Attorney Knox Askins reviewed the summary and recommendation for the request. City Attorney read: AN ORDINANCE APPROVING AND AUTHORIZING AN EXTENSION OF THE PRIME CABLE TELEVISION FRANCHISE AGREEMENT, WHICH EXPIRES ON DECEMBER 31, 1995, THROUGH JUNE 30, 1996; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made b~Councilgerson McLaughlin to approve Ordinance 95-2080 as read by the City Attorney. Second by Councilperson Cooper. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, and Mayor Malone Nays: None 7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING, AND CLOSING ALLEYS WITHIN BLOCKS 865; 899; 900, & CLOSING PORTIONS OF THE SOUTH 12TH STREET, SOUTH 13TH STREET, AND WEST "I" STREET IN THE TOWN OF LA PORTS (Ord. 95-2081) - G. Rankin Director of Planning Guy Rankin reviewed summary and recommendation for the request. Jim Cummins, President of J.A.C Interest, Inc. ask for We Councils consideration in passing the Ordinance and thanked staff for their support. Councilperson Gay, Porter, and City Manager R. T. Herrera brought items to Council's attention. City Attorney read: AN ORDINANCE VACATING, ABANDONING AND CLOSING ALLEYS WITHIN BLOCKS 865; 899; 900, TOWN OF LA PORTS, AND FURTHER VACATING, • • Minutes Regular Meeting La Porte City Council December 11, 1995, Page 3 ABANDONING, AND CLOSING PORTIONS OF THE SOUTH 12TH STREET, SOUTH 13TH STREET, AND WEST "I" STREET RIGHTS-OF-WAY, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson McLaughlin to approve Ordinance 95-2081 as read by the City Attorney. Second by Councilperson Sutherland. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, and Mayor Malone Nays: None 8. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPOINTING A MEMBER TO THE LA PORTE AREA WATER AUTHORITY (Ord. 95-2082) - R. T. Herrera City Manager Robert T. Herrera reviewed summary and recommendations for request. Mr. Herrera suggested that Council take it to Executive Session. Councilperson Gay stated that there was no need for an Executive Session and recommended Rob Roy for the position. Councilperson Maxwell seconded the recommendation. Councilperson McLaughlin recommended Joe Gold with no second recommendation. City Attorney read: AN ORDINANCE APPOINTING A MEMBER TO THE LA PORTE AREA WATER AUTHORITY, FOR A TERM EXPIRING MAY 30, 1997; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Gay to approve Ordinance 95-2082 as read by the City Attorney appointing Rob Roy to Position 1 of the La Porte Area Water Authority. Second by Councilperson Maxwell. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, and Mayor Malone Nays: None 9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AND ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CTTY OF LA PORTE AND HTE, INC., FOR COMPUTER HARDWARE, SOFTWARE, AND MAINTENANCE (Ord. 95-2083) - J. Litchfield Finance Director/ACM Jeff Litchfield presented the summary and recommendations for request. Mayor Malone and Councilperson Gay brought items to Council's attention. City Attorney read: AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HTE, INC., FOR COMPUTER HARDWARE, SOFTWARE, AND MAINTENANCE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. • Minutes Regular Meeting La Porte City Council December 11, 1995, Page 4 Motion was made by Councilperson Cooker to approve Ordinance 95-2083 as read by the City Attorney. Second by Councilperson Sutherland. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, and Mayor Malone Nays: None 10. CONSIDER AWARDING BID FOR THE REPLACEMENT OF A DUMP TRUCK TO BAYOU CITY FORD AND REJECT THE TRADE-IN ALLOWANCE - S. Gillett Director of Public Works Steve Gillett reviewed the summary and recommendation for the request. Councilperson Cooper and Sutherland brought items to Council's attention. Motion was made by Councilperson Cooper to approve the Bid award as presented Second by Councilperson Porter. The motion carved, 7 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, and Mayor Malone Nays: None 11. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reminded Council about naming a committee to work on the Seabreeze Park property. Mr. Herrera stated "Staff is anxious to get started". Mayor Malone stated "I have passed around a list of names of people that have served before". 12. COUNCIL ACTION Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, and Mayor Malone brought items to Council's attention. 13. EXECUTIVE SESSION -PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) There were no items to be discussed in an executive session, therefore none was held. 14. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION ~ . • Minutes Regular Meeting La Porte City Council December 11, 1995, Page 5 There were no items to be considered in an executive session, therefore there was no action required for item 13. 15. ADJOURNMENT There being no further business to come before Council, the meeting was duly adjourned at 7:30 P.M. Respectfully submitted, .~ Rita Lacey, Assistant to the City S retary Passed and Approved this the 8th day of January, 1996 ~~~/ t ~. Norman L. Malone, Mayor ~ • • REQ~T FOR CITY COUNCIL AGEND~M Agenda Date Requested: December 11. 1995 1 Requested By: ui Rib Department: Human Resources Report Resolution ~:XX Ordinance Exhibits: Ordinance Updated Service Credit and Annuity Increase Study 5[.TNIlViARY & RECOMMENDATION The Texas Municipal Retirement System (TMRS) Act allows member cities to adopt Updated Service Credits and Annuity Increases, providing cities the opportunity to upgrade retirement benefits for both active employees and retirees who are currently receiving a monthly annuity from the System. In November of 1992, Council adopted an ordinance which accomplished this upgrade and asked that they be able to review these upgrades on an annual basis. By adopting the 100 % Updated Service Credit effective January 1, 1996, a member's retirement benefits will be recalculated based on the member's average monthly salary for the three year period of 1992, 1993, and 1994. The member's retirement benefits are "updated" based on the higher wages earned in recent years. Adoption of the ordinance also increases the monthly annuities being paid to its retirees. The increase that can be granted to retirees is calculated based on a maximum of 7096 of the change in the Consumer Price Index, less any previously granted increases. This ordinance is non-repeating and will be effective January 1, 1996. Any future updates will require adoption of a new ordinance. With the adoption of this ordinance, the City's contribution rate will increase from 10.46 to 10.4996 of gross salaries. Approval would increase the City's contribution by approximately 52,160 for 1996. Adopting this ordinance would allow the City to have 2S years in which to amortize the additional cost. Action Required by Council: Adoption of an ordinance authorizing Updated Service Credits and increased annuities for 1996. Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Various Funds Available: X Yes No A~aroved for City Council Agenda QiC~~~ 1 ~ ~~~ 12- ~ - ~i5 Robert T. Herrera Date City Manager ORDINANCE NO. 95-1875 - C AN ORDINANCE AMENDING ORDINANCE 1875, AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF LA PORTS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. ~c~tion 1 Authorization of Undated Service Credits (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date has at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is 1 0 of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) On the terms and conditions set out in Section 853.601 of said title, any member of the System who is eligible for Updated Service Credits on the basis of service with this City, and who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on the 1st day of January of the calendar year preceding such allowance, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said 853.601. (c)'In accordance with the provisions of subsection (d) of Section 853.401 of said title, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from after the date aforesaid on the full amount of such person's earnings as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of this City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of annuity increase under this Section is computed as the sum of the prior and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this ordinance. ORDINANCE NO. 95-1~ - C • PAGE 2 (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the System. Section 4. The City Council finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ection Subject to approval by the Boazd of Trustees of Texas Municipal Retirement System, the updated service credits and increases in retirement annuities granted hereby shall be and become effective on the 1st day of January, 1996. PASSED AND APPROVED, this the 11th day of December, 1995. CITY OF LAP RTE B Norman .Malone, Mayor T• Sue Le s City Secretary APPROVED: 2~ Knox W. 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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all _ such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. • ~ ORDINANCE NO. 95- 2080 PAGE 2 PASSED AND APPROVED, this 11th day of December, 1995. ATTEST: CITY OF LA PORTE By: , / N ma L. M to e, Mayor ~~ ~ - Sue Le es, City Secretary APPROVED: C~(/~ Knox W. Askins, City Attorney • ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIR MONT PARKWAY P. O. BOX 1218 LA PORT E, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CHARLES R. HUGER, JR. BOARD CERTIFIED - CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPE CIALtZ ATION November 29, 1995 Hon. Mayor & City Council City of La Porte City Hall La Porte, Texas Re: Prime Cable Franchise Gentlemen: TELEPHONE 713 471-1886 TELECOPIER 713 471-2047 As you know, Prime Cable is in negotiations to merge its system into TCI Cablevision. Prime Cable's franchise with the City of La Porte has previously been extended to December 31, 1995. In order to give us time to complete negotiations for the new franchise agreement, I recommend that City Council again extend the existing franchise through June 30, 1996. I have prepared and enclose an ordinance to that effect. Y rs very trul , Knox W. Askins City Attorney City of La Porte KWA:sw Enclosure cc: Mr. Robert T. Herrera City Manager City of La Porte Ms. Kathleen Abel Director of Community Affairs Prime Cable 4201 FM 1960 West, Suite 300 Houston, TX 77068-3414 • • . REOliEST FOR CI T Y COUi`i~1GENDA ITEiVi Agenda Date Requested: December 11. 1995 Requested By: Gum Rankin ~1'~ Department: Planning Report Resolution X Ordinance Exhibits: 1. Ordinance SUMMARY & RECOMMENDATION J.A.C.Interests, Inc. (J.A.C.)has made application for the closure and vacation of various streets and alleys. The rights-of--way for which closure has been requested comprise approximately 4 acres and are in and adjacent to the property being platted as the Kroger - Fairmont Parkway Center. Included in the application are the alleys in Blocks 865; 899; 900; Town of La Porte survey tract. Also included are portions of the South 12th,South 13th, and West "I"Street rights- of-way. These rights-of--way are more specifically described in the attached ordinance. On November 27, 1995, City Council passed Resolution 95-12. This Resolution expressed Council's intent to proceed with closure of these streets and alleys. The attached closure ordinance is substantially the same as the draft ordinance that was attached to Council's November Resolution. The key points of the closure ordinance are as follows: • Payment to the City for closure is $168,785. • Two temporary easements are retained; one in West "I"Street for a City sanitary sewer main and one in South 13th Street for H.L.&P. power lines. These easements will be abandoned once the scheduled relocation of utilities has been completed. • Payment for closure must be made to the City within 30 days of ordinance passage. Staff recommends passage of this closure ordinance. Action Required by Council: Consideration of an ordinance approving t$e vacations abandonment, and closure of the street and alley rights-of--way described abpve. Availability of Funds: N/A General Fund _ Water/Wastewater _ Capital Improvement _ General Revenue Sharing Other Account Number: Funds Available: YES NO Approved for City Council Agenda Robert "I'. Herrera DATE City Manager • • ORDINANCE NO. 95- 2081 AN ORDINANCE VACATING, ABANDONING AND CLOSING ALLEYS WITHIN BLOCKS 865; 899; 900, TOWN OF LA PORTS, AND FURTHER VACATING, ABANDONING, AND CLOSING PORTIONS OF THE SOUTH 12TH STREET, SOUTH 13TH STREET, AND WEST "I"STREET RIGHTS-OF-WAY, IN THE TOWN OF LA PORTS, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by record owners of all of the properties abutting the hereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and abutting the hereinafter described portions of the South 12th Street, South 13th Street, and West "I"Street rights-of--way, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close the alleys within Blocks 865; 899; 900, Town of La Porte and to vacate, abandon, and permanently close portions of the South 12th Street, South 13th Street, and West "I"Street rights-of--way; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and the hereinafter described portions of the South 12th Street, South 13th Street, and West "I" Street rights-of--way, Town of La Porte, Harris County, Texas, are not suitable, needed, or beneficial to the public as public roads, streets and alleys, and that the closing of the hereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and the hereinafter described portions of the South 12th Street, South 13th Street, and West "I"Street rights-of--way, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described alleys within Blocks 865; 899; 900, Town of La Porte, and the hereinafter described portions of the South 12th Street, South 13th Street, and West "I"Street rights-of- way, should be vacated, abandoned, and permanently closed. • Ordinance 95- 2081 Page 3 of 4 Said easement shall be retained until such time as a replacement sewer main has been constructed, accepted by the City of La Porte, and placed in service. At such time as the above conditions have been satisfied, this temporary easement shall be permanently .abandoned together with all rights appurtenant thereto. Further provided that the City of La Porte, for benefit of Houston Lighting and Power Company, a duly authorized franchise utility company of the City of La Porte, retains a temporary aerial and ground utility easement for the operation of electrical service lines located in the alleys of Town of La Porte Blocks 865 and 900, bounded by the North right-of--way line of Fairmont Parkway, crossing the West "I "Street Right-of--Way, and bounded by the South right-of--way line of West "H"Street. Said easement being further described by map illustration attached to this ordinance, identified as Exhibit "C"and fully incorporated by reference herein. Said easement shall be retained until such time as replacement electrical utility lines have been constructed, accepted by Houston Lighting and Power Company and placed into service. At such time as the above conditions have been satisfied, this temporary easement shall be permanently abandoned together with all rights appurtenant thereto. Section 2. The City of La Porte and J.A.C. Interests, Inc., contemplate entering into a Utility Extension Agreement to provide public utilities in the project. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, 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 4. This ordinance shall be effective upon the performance of the following conditions: • • Ordinance 9~- 2081 Page 4 of 4 (1) Payment from applicant to City of the sum of $168,785, in certified funds, on or before January 15, 1996, as consideration hereunder. The cash consideration shall be subject to future adjustment, based on final review of utility plans submitted by applicant to City. Any such adjustment, deficit or credit, shall be refunded by City or paid by applicant, upon execution of the Utility Extension Agreement. (2) Execution of the Utility Extension Agreement provided for in Section 2 hereof on or before March 15, 1996. No building permits shall be issued and no construction of public improvements within the proposed subdivision shall commence until the above (2) conditions have been performed. If the above (2) conditions have not been met within the time frame specified, this ordinance shall be null and void. PASSED AND APPROVED, this ~_ day of 1995. CIT OF LA PORTE BY Orman L. Malone, Ma ATT -~ 0 City Sec Lary APP ED: ~, L~l/ City Attorney ACCEPTED AND AGREED: J.A.C. Interests, Inc. Bv: (Applicant} I I I I( I I I "' 1 ! ~ i ~ %' ! 'l~ ~ i' ~ ~ l ~ ~ III 8 2 8 I~ 8 ~4 1 ~~5 I! ;-~ ~ , lr ~ ~ J: IwEST " ~f" ST. ' ~ I ~~ '~/ l i ~ 8 6 8 5 i '. i I i ~~~ I~~ ~I i ~ ~ ~~ ~ ~ ! I' _ C./7 ~ ~ I f! 8 8 8 9 9 0 1 FAIRMOi T PARKWAY ~--; .. .. ~ ~ ~ ~ `~ (~ ~ 0 100 200 400 : : (~ : SiRE~S & ALLEYS i 0 BE CLOSED ~~~ ~ ~'~ ll~~ 1" = 200' I~ 8 2 i~ ~ C~ ,^ ;~ ~~ N ~- 5 W. '~ H" ST. 7 ~ 8 6 ' 8~5 EXISTING SANftARY SEWER LNE II i it i~~~ ~~V . ~ ~ ~ . ~~ 1 ~ I FAI R X10 T PAR KU~/AY I I ~i ~I y' .; ~i ....~~~ ~ EXiST. SA.N. SEWER LINE C : EXIST. Shy. SEWER MANHOI F ~ ~ ~ o ~ oo ~ 200 ~ goo .... ........................... EXHIBIT °B° ~'~ 1" - 200' \i I ~ I jj jj I I I~ ~~ ~ ~ ~ I ~~~;~ ~~ .' tj Ida 188 rAIRMO L- C~ .-~ ~ 1~i ~I y ~ ~ ,~ 8 ~- N ~, ~~ i EXIST. H.L& P. ELECTRICAL LINE ~~~ v ~ ~' r ~ ~ ~ i '~ ~ I / I I ~~ ~~ ~ ~~~~ l ~ I ' li j r 5 i ~~ I 1 PARK ' ~1ST1NG N.L& P. OVERHEAD ELECTRICAL SERVICE LINE - E 0/H 0 100 200 400 ~~~ : EXHIBIT eC" V~1. " H" S I . ~ • ORDINANCE NO. 95- 2082 AN ORDINANCE APPOINTING A MEMBER TO THE LA FORTE AREA RATER AUT$ORITY, FOR A TERM ERPIRING MAY 30, 1997; 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 FORTE: Section 1. The City Council of the City of La Porte hereby appoints the following member to the La Porte Area Water Authority, for term expiring May 30, 1997, or until his successor shall have been duly appointed and qualified: Position 1 - George Robert Roy Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been-open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 11th day of December, 1995. o ~ ies, City Sec: 'D : /, ./ ~/ CITY OF LA FORTE s' By : ~~ o,man L. Malon Mayor ~.~~ ~ Knox W: Askins, City Attorney • RESUME NAME: Joe E. Gold ADDRESS: 902 Gardenwalk La Porte, Tli 77571 PHONE: 471-0155 AGE: 59 LA PORTE RES 1 DENT: 2 years SHORERCRES RES 1 DENT: 30 years • COMMITTEES: Shoreacres Planning ~ Zoning - 8 years Bay Point Architectual Committee - 4 years WORK HISTORM: I.B.E.W. Local 527 Member Journeyman Wireman - 28 years Ebasco General Superintendent - 7 years Home Repair Business - 10 years Bay Point Townhomes Owners Association Co-Manager 1 1 /2 years - REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE December 11. 1995 .REQUESTED BY Jeff Litchfield. Finance Director REPORT; RESOLUTION; XX ORDINANCE; Attachments: Executive Summary; Benefits of Proposed System; Contract In 1988, the City had a study prepared on the state of its computer system. The study indicated the City needed to replace its current system in a planned manner. The first stage of the plan was to bring the Police and Court system up to date. This was accomplished in 1992-93 by the purchase of the Police computer system. The second stage of the replacement was for the retirement of the Data General system the City currently operates. In September, 1994, the City requested proposals for the replacement of its current Financial Computer System. Proposals were received from six vendors. During the early part of 1995, the City participated in demonstrations from three of the vendors and selected two finalists with which to conduct site visits. As a result of those site visits, the firm of HTE., Inc. was selected as the most responsive proposer. Negotiations were began for a contract with HTE to provide our Financial and Administrative Data Processing needs. Because of the sophistication of HTE's system, we expanded the scope of our plan to include other areas, including work order management and our Planning department. At this time, we are prepared to enter into an operations contract with HTE for the provision of a system. The proposed costs for the system are: Non-Recurring Recurring Total Software $ 221,217 29,900 251,117 Hardware 206,435 4.718 211.153 Totals 427,652 34,618 462,270 Non-recurring costs are those costs to procure the system install and train for the software and convert existing data into the new system. Recurring costs are the annual maintenance costs for the systems and are covered in divisional maintenance budgets. The proposed amounts for software are fairly rigid, the only area for variance is in the area of conversion and training. The proposed amounts for hardware are to be viewed as not to exceed amounts because of certain items that will be determined by technology standards that are changing daily. The conversion from our current system to the new system will realistically take place over an 18 to 24 month period. This is indicative of the big step we are taking from the current system to the new system's capabilities. Payments to HTE are triggered by certain deliverables and accordingly will be spread over the 18 to 24 month period. At this time, we are requesting the entering of an operations contract with HTE to provide the proposed system and to also establish a contingency amount of $25,000 which is about 58 of the total. The capital portion of this agreement, along with a contingency is $452,652 and exceeds our current budgeted funds of $425,000 by $27,652. This variance is caused by the addition of functions to the system, as mentioned earlier. Since the project will not be completed prior to the end of the current fiscal year, we are not requesting a budget adjustment at this time but will include the amount needed in the fiscal year 1996-97 budget process. ACTION REQUIRED BY COUNCIL: Approve Ordinance authorizing City Manager to execute contract with HTE., Inc. for the procurement of a Financial and Administrative Data Processing System, at a cost capital costs not to exceed $427,652, recurring maintenance costs of $34,618 to be funded from normal maintenance budgets, and a contingency of $25,000 for a total of $487,270. FUND Various ACCT NUM: Various FUNDS AVAILABLE: Yes APP2ROVED FOR CITY COUNCIL AGENDA ERT T HERRERA, CITY MANAGER DATE ~ ~ ORDINANCE NO. 95- 2083 AN ORDINANCE APPROVING AND AIITHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HTE, INC., FOR COMPIITER HARDWARE, SOFTWARE, AND MAINTENANCE; HARING VARIOIIS FINDINGS AND PROVISIONS RELATING TO THE SIIBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all _ such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ~ ~ • ORDINANCE NO. 95- 2083 PAGE 2 PASSED AND APPROVED, this 11th day of December, 1995. CITY OF LA PORTE By: Orman al e, Mayor ATTEST: e Le es, City Secretary APPR ED: G~ , Knox W. Askins, City Attorney Financial and Administrative Data Processing System Executive Summary in 1988, the City received a report from the Accord Group, its computer system consultant. The report indicated that the City needed to upgrade its computer system in the next couple of years. The process of upgrading the system was complicated by the fact that the system not only ran financial software but also supported public safety. We made a decision to bring the public safety system up to date first and then follow with the replacement of the financial system. In September of 1994, the City requested "requests for proposals" (RFP) to provide a new Financial and Administrative Data Processing System. The preparation of a RFP for a project of this size is enormous. It took almost nine months to complete. It involved over 10 City employees in its preparation and review. We tried to keep it as concise and short as possible and still ended up with 170 pages. The RFP contained background information on our operation as well as 1,451 detailed questions on how their software handles specific transactions. There were three main items we wanted from the successful proposer. First, we wanted a system that had multiple installations that had been installed for several years. This is so we could check references and determine the actual working status of their system and answer questions concerning the installation and conversion to the new system. Second, we wanted a system that had a large presence in Texas. This was important to us because of the hardships we have encountered by our current system where they only had a handful of customers in Texas. A large Texas presence provides the City with a local network of users we can visit with to discuss characteristics of the system. With our current system, it was cost prohibitive to send many users to their training and user conference because it was always held in North Carolina. A large presence in Texas lends to the creation of local users group that can meet periodically to discuss issues. Thirdly, we wanted a system that we could install and use without any modification or customization. This was important to us again because of our current system. When the base software is modified, that modification had to be remembered and repeated in later upgrades. In our current system, we once tried to upgrade to a newer release of their software. It was disastrous because of the modifications that had been made to the system in the early 80's. Neither La Porte staff nor the software company knew what those modifications were. In a new system, we want one that meets our needs from the beginning. Ali of these items were covered in the RFP. We received six responses to our RFP. City staff reviewed the responses and checked references on all six respondents. This was a very detailed and extensive process. There were 9 employees involved in the reference checks and we had each one check the reference with their counterpart in other cities operating the respondents software. Each employee checked three references for each respondent. From this process, we obtained a minimum of 27 reference checks for each respondent. • The second phase was to review the responses to the RFP and the information we obtained from the reference checks to narrow the group to the top three. The top three were invited to provide a two day demonstration to our city employees. There were approximately 15 employees who participated in these demonstrations. As a result of these demonstrations, we were able to narrow our list to the top two. The City sent employees for one day visits to local sites for the top two respondents. After these visits, the group was able to narrow the selection to the top respondent. Once the top respondent was identified, City staff reviewed any questions to the RFP where they had provided an answer other than "the current system will meet the requirement". The majority of the questions not answered in that manner involved reporting issues which they indicated could be handled through IBM's standard query report writer. Staff is familiar with the report writer and reverified that the information it needs can be obtained from the system with the report writer and that no modifications are necessary. At this time, we are very comfortable that the top respondent, HTE, can meet our needs. Highlights of HTE and our process are: They had the highest response of positive answers to our RFP questions; ^ They had the largest presence of entities similar to our size and operation in Texas. Some of their thirty Texas locations in our vicinity include Sugar Land, Pearland, League City, Bryan, College Station, Beaumont and Port Arthur. They also provide software for the Texas Municipal League. One added benefit of this is a currently established user group of HTE users. There is currently a user's group in Texas called the THUG (Texas HTE User Group). In our discussion with other cities, we found that they meet periodically to discuss the software and that several changes they have recommended to the operation of the software have been adopted by HTE and incorporated into the next update submitted to all users. They have software that can be installed in La Porte without any modifications, thereby providing us the ability to keep current with new revisions of their software when needed. During the review process and because of the abilities of the HTE software, we expanded our scope of software needs. The proposed procurement of software from HTE includes the following software areas: Accounts Receivable Cash Receipts Extended Reporting GMBA (General Ledger) Land Management Payroll/Personnel Utility Billing Asset Management Building Permits Code Enforcement Occupational Licenses Work Orders/Facility Management Purchasing/Inventory We expect it to take between 18 and 24 months to convert to the new software. • • Throughout the entire process, the City has been assisted and received guidance from Mr. Chip Collins of the Accord Group. In closing, the City currently is operating using computer software that is outdated. The current software provider quit providing support on the software 15 months ago. The hardware is old and is very unreliable. On Monday, December 4, 1995, the system was down all day because of a hardware failure. It went down again on Tuesday and Wednesday for similar reasons. These break downs are very costly to the City in lost productivity by employees and also damages our reputation with our citizens/customers. When a customer calls with a question, the response "The computer is down, I'll have to call you back" is getting old. Hopefully, this summary has provided background information on where we are and where we want to go. We can not find words to accurately describe the type of change we will realize when we change systems, it will be similar to the increased mobility one experiences in changing from a bicycle to a car for their transportation needs. If you desire further information about the system, I have included a separate package that describes a few of the benefits of the new system. If you have any questions, please feel free to visit with Mr. Litchfield. • • BENEFITS OF PROPOSED COMPUTER SYSTEM Listed below are several benefits of the new system. 1. Will receive support from the computer software provider. Our current provider went out of business 14 months ago. We are currently operating a system without any software support, if it breaks, we are in deep trouble. 2. Will receive the benefit of new technology. The current system was originally designed in 1982. New methods and practices have evolved since that time because of improvements in computer hardware. A few examples of the improvements we will realize are listed below: A. The current system is a total batch system, which means that transactions are entered into the system in batches. Currently, information is updated to the system at the end of the month. We do not know until the end of the month what the status of a budget line item is. This creates problems, especially in very active capital projects. The new system records its transactions live. For example, when an expense is paid, it directly hits the expenditure account. We will be able to tell project and account status immediately after the transaction is processed. B. The current system does not allow multiple periods or years to be open at the same time. At the end of our fiscal year, we can not close the current fiscal year until 60 days after the end of the fiscal year. This causes us to not be able to process October and November transactions for the new year until mid December. This is very cumbersome and does not provide Department Directors with the ability to review expenses for the first two months of the year. The new system allows multiple periods and years to be open at the same time. We will always know where we stand on an account or project. C. The proposed system will allow us to track information on a project, function or cost collection center basis. A comparison of the current and new methods are shown below. Current System Under the current system, either a new division has to be created or, when we need information on a specific facility, we have to review detailed transactions and make a lot of assumptions. Proposed System With the new system, individual expenses can be coded with a project or cost collection center number. When an expense relates to a certain facility (recreation center) or to a specific function (ADA compliance), we will be able to code the expense item where we can produce reports on that specific project, regardless of where it is being charged. • D. The proposed system will allow us to operate more efficiently when dealing with our different departments. Under the current system, almost every activity has to be coordinated with the Accounting division. If any department needs information, they have to contact the Accounting division and have the information produced. Under the proposed system, each department will be connected to the new system and will be able to interact with the main computer located at city hall. Benefits of this new ability are: Current System Reporting Under the current system, when a report is needed or information needs to be reviewed, the department needing the information has to contact the Accounting division and let them research it or produce a report that they can then review to find their answers. This method is time consuming and cumbersome. Most departments would like their information more timely. Budgeting Under the current system, all budgeting is done manually. Departments have to prepare their budgets with very little computer support. The computer support they get is provided by in house programs and spread sheets they have developed over the years. This method is inefficient and very time consuming. Payroll Under the current system, all payroll information is manually prepared by the department and then sent to the Accounting division for manual input into the system. The only reporting is total hours available for the pay period. Proposed System Reporting With the new system, each department would be able to review their transactions in the system and be able to produce reports, at their site, of the information they need. Bud eQ ting With the new system, budgeting will be performed on line. Information on payroll will be fed into the budget module and all budget input will be controlled by the requesting department. Once their requested budget has been prepared, the information will be available to the City Manager and Assistant City Managers for their review and for the compilation of the budget that will be proposed to council. Payroll With the new system, the payroll or time information will be entered directly into the computer by each department, versus being written on the time sheet. By entering this information directly into the computer, it greatly cuts down on the processing time of the system and also provides us with better reporting capabilities. Department managers will be able to review hours and days worked on line. • • Purchasing Under the current system, all purchasing is done manually. A department has to manually prepare the requisitions, they then send or carry the requisition to the Purchasing division for their processing. They also have to call the purchasing division to check on the status of items they have requested. Purchasing Under the new system, the requisition information will be prepared on line by the requesting department. After the request has been approved, via a computer signature, the request will be automatically sent, via the system, to the Purchasing division. The Purchasing Agent will receive the requisition in a log file, where they can continue the process of procuring the item. At any time, the Purchasing division and the requesting department will have access to the status of the request. E. We currently do not have a city wide work order system. The new system does. It allows a work order to be entered and tracked and reported on a city wide basis. A working example is the building of a new home. Shown below is a list of our manual system versus the new system. Current System Proposed System Under the current system, a customer Under the new system, all reporting contacts the Inspections division to and tracking would be done on line. get a water and sewer tap. This The work order would be created by information is recorded on a manual the Inspections division, it would form and sent to Public Works for then be immediately submitted to the performance. After the water tap is Public Works division where they put in, they forward paperwork to could schedule the activity. Once the Utility Billing division. Also, the job was completed, the after the sewer tap is put in, they information would then be have to forward additional paperwork immediately transmitted to the to the Utility Billing division. Utility Billing division for their This method is very cumbersome and input into the Utility Billing causes concern for our Utility system. Billing staff. F. Another benefit of the work order system is the ability to view all information on a specific location in the City. Since all modules tie together, we can prepare an inquiry on a specific location in town that shows all work order, complaints, code violations and utility billing information on that address. This will be an excellent management tool for our employees. • • G. Under the current system, the various functions or modules of the system do not communicate with each other. This creates a tremendous amount of additional work load on staff by causing redundant entries. An excellent example of the time currently being wasted by staff involves a review of the Utility Billing area, which processes over 110,000 transaction per year. Some examples of this wasted time include. Current System Proposed System Billings Billings Under the current system, when With the new system, The journal utility accounts are billed, entry for billings will be employees have to manually prepare automatically prepared and posted to entries and forward them to the general ledger. This will occur accounting to have them entered. when the billing is ran. This wastes a tremendous amount of time for the Utility Billing staff by having them manually prepare a journal entry from information that is already in the system. More time is wasted by the accounting staff because they have to enter into the general ledger information that is already in the computer, just in a different module. Payments Under the current system, Utility Billing payments are very inefficient. A payment is received by the City and entered into the Utility Billing system by batch. At the end of the day, the utility billing personnel have to manually prepare a report on the days activity and report it to the Cash Management division. The Cash Management division then has to reconcile the information and enter data into the General Ledger system. The information is then processed by the Accounting division for updating to the General Ledger. Payments With the new system, all aspects, including payment recording are automated or are prepared by the computer and transferred between modules. The new system has the capability of processing bills through the use of bar coded bills. Once the payment has been recorded by the Utility Billing division, all further reporting and transactions are automated. Current System Proposed System Refunds Under the current system, when a customer closes their account and has money owed them, the Utility Billing division has to final their account and then manually prepare a check requisition to be forwarded to the Accounting division where they enter the information into the Accounts Payable system for the issuance of a check to the customer. Refunds With the new system, the information on the refund to the customer is automatically sent to the Accounts Payable module of the system for immediate processing. Closing These are just a few of the new features that we will be able to get with the new system. There are whole areas of improvement that I have not even touched on. ~ • RE T FOR CITY COUNCIL AGENDA TEM Agenda Date Requested: December il. 1995 Requested By: S. Gillett ~ Department: Public Works XXXX Report Resolution Ordinance Exhibits: Bid Tabulation and Bidder List SUMMARY & RECOMMENDATION Sealed bids were opened on December 4, 1995 for the replacement of a dump truck for the Street Division. Bids were sent to seven (7) vendors, with three (3) returning bids. No local vendors submitted bids. Low bid was submitted by Bayou City Ford in the amount of $41,728. Additionally, vendors were invited to submit a trade-in price for the existing vehicle. Bayou City Ford submitted a price of $2,050 for the existing vehicle. Past auctions have resulted in an average price of $6,200 for dump trucks. It is recommended that the trade-in price offered be rejected. A total of $44,100 is budgeted in the Motor Pool replacement Fund for this purchase. Action Required by Council: Award bid for the replacement of dump truck to Bayou City Ford in the amount of $41,728, and reject the trade-in allowance of $2,050. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing XXXX Other - Motor Pool Account Number: 009-700-701-892 Funds Available: XX YES NO A roved for Cit Council A enda 2 Rober ~ H rrera DATE City ager • BIDD$R'S LIST S$ALSD HID #0666 - 6 YARD DUMP TRUCK JOE CAMP FORD 621 HWY 146 SOUTH LA PORTE, TX 77571 LES MARKS CHEVROLET P.O. BOX 1119 LA PORTE, TX 77572 BAYOU CITY FORD P.O. BOX 21321 HOUSTON, TX 77226 LONE STAR/WHITE GMC P.O. BOX 21127 HOUSTON, TX 77226 OLYMPIC INTERNATIONAL 8900 N. LOOP EAST HOUSTON, TX 77029 BAYSHORE SUN PUBLISH DATES: NOVEMBER 19, 1995 NOVEMBER 26, 1995 KNAPP CHEVROLET P.O. BOX 4179 HOUSTON, TX 77210 MCREE FORD INC. P.O. BOX 577 DICKINSON, TX 77539 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 BID TABULATION -SIX (6) YARD DUMP TRUCK DESCI~PTION BAYOU CITY FORD TRUCK LONE STAR WHITEJGMC OLYIrAPIC TRUCK SALES 1) 6 YARD DUMP TRUCK $41,728.00 $44,975.00 $47,296.66 OPTIONAL TRADE-IN ALLOWANC 52,050.00 5;3,975.00 $2,200.06 TOTAL WITRADE-IN 539,678.00 541,000.00 $45,096.60