HomeMy WebLinkAbout1997-09-08 Regular Meeting of City Council
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MINUTES OF THE REGULAR
MEETING OF LA PORTE CITY COUNCIL
SEPTEMBER 8, 1997
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
Chuck Engelken, Bob McLaughlin, Alton Porter, Deotis Gay, and Jerry Clarke.
Members of Council Absent: Councilpersons Guy Sutherland, Howard Ebow
and Jack Maxwell.
Members of City Executive Staff and City Employees Present: City Manager
Robert T. Herrera, Assistant City Manager John Joerns, Assistant City Manager
Jeff Litchfield, City Attorney Knox Askins, Police Chief Bobby Powell,
Director of Public Works Steve GiJlett, City Secretary Martha GiIJett, Planning
Director Guy Rankin, Fire Chief Joe Sease, E.M.S. Chief Chris Osten, City
Engineer Doug Kneupper, Director of Administrative Services Louis Rigby,
Assistant Finance Director Cynthia Alexander, Accounting Manager Kathy
Hutton, Cash Manager Rick Overgaard, Crime Prevention Officer Jerome
McKown, and Sergeant Ed Butchee.
Others Present: Lou Lawler, Ramona Gatsberry, Barry Beasl y and a number of
La Porte Citizens.
2. INVOCATION - BY REVEREND OLIVER STILLWELL - FIRST
ASSEM,BL Y OF GOD
'Reverend Stillwel.l delivered the invocation.
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING
AUGUST 25,1997.
Motion was made by Councilperson McLaughlin to approve the minutes of
August 25. 1997 as presented. Second by Councilperson Clarke. The motion
carried, 4 ayes, 0 nays, and 2 Abstain.
Ayes: Councilpersons McLaughlin, Gay, Clarke, and Mayor Norman Malone.
Nays: None
Abstai.n: Councilpersons Engelken and Porter.
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Public Hearing and
Regular Meeting Minutes
La Porte City Council
September 8, 1997, Page 2
4. PRESENTATIONS:
DISTINGUISHED BUDGET PRESENTATION AWARD - R.T. Herrera
City Manager Robert T. Herrera presented the Distinguished Budget
Presentation Award to Jeff Litchfield and recognized the Finance Department
and Department Directors for an outstanding job.
5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND
CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL.
Ms. Peggy Jones, 3237 Clarksville, La Porte, Texas addressed Council
regarding items she addressed at the last Council Meeting. Ms. Jones indicated
she wanted to extend an apology to the Inspections Division for inaccurate
information she previously presented to Council. She advised she met with Mr.
Rankin, Debbie Wilmore and Myara Toledo and was very pleased with the
outcome of the meeting.
Mr. Ben Ritchie, 435 Shady Lane, La Porte, Texas addressed the Council
regarding his business located at 170 I S. Broadway, La Porte, Texas. Mr.
Ritchie advised his business has been in La Porte since 1977. Mr. Ritchie has
concerns with Zoning Ordinance 1501. He stated his property was rezoned
from commercial to residential sometime between 1987-1989 and he was not
notitied for over ten years. He further advised this will not allow him to sell his
property as commercial, unless it continues as the same type of business. He
indicated this would cause him substantial financial loss.
6. PUBLIC HEARlNG - CITY BUDGET FY 97-98
OPEN PUBLIC HEARING
Mayor Malone opened the public hearing at 6: 17 P.M.
REVIEW BY STAFF
Director of Financel Assistant City Manager Jeff Litchfield reviewed the
Summary of Funds representing the result of the workshops held with City
Council. Mr. Litchfield reported that all changes made by Council are
incorporated into the various
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Minutes Regular Meeting and Public Hearing
La Porte City Council
September 8, 1997
Page 3
budgets shown in the summary. The total of all funds for the budget is
$39,000,205. Mr. Litchtield reported on each of the Summary of Funds that
total the $39,000,205.
PUBLIC INPUT
There were no citizens wishing to address Council regarding the budget for FY
1997-98.
RECOMMENDATION OF STAFF
Mr. Litchfield reported that staff recommends this budget be approved as
presented.
CLOSE PUBLIC HEARING
Mayor Malone closed the public hearing at 6:23 P.M.
7. CONSIDER APPROVAL OR OTHER ACTION REGARD.1NG AN
ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE
CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1,
1997 THROUGH SEPTEMBER 30, 1998 (Ord. 97-2'192) - J. Litchfield
Director of Finance! Assistant City Manager Jeff Litchfield recommended the
City Council adopt the budget as presented.
City Attorney read: ORDlNANCE 97-2]92 - AN ORDINANCE APPROVING
AN ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS,
FOR THE PERIOD OF OCTOBER 1, 1997 THROUGH SEPTEMBER 30,
1998; FINDING THAT ALL THINGS REQUISITE AND NECESSARY
HA VE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID
BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Porter to approve Ordinance 97-2192
adopting the budget for the fiscal year 1997-98 as re.:1.d by City Attorney.
Second by Councilperson Gay. The motion carried, 6 ayes, 0 nays.
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Minutes Regular Meeting and Public Hearing
La Porte City Council
September 8, 1997
Page 4
Ayes: Councilpersons Engelken, McLaughlin, Porter, Gay, Clarke and Mayor
Malone.
Nays: None
8. CONSIDER APPROVAL OR OTHER ACTION REGARDING A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, ADOPTING THE 1997 APPRAISAL ROLL OF THE HARRIS
COUNTY APPRAISAL DISTRICT (Res. 97-06) -.I. Lit.chfield
Director of Finance! Assistant City Manager Jeff Litchfield reviewed the
summary and recommendation for the acceptance of the 1997 Certified Tax Roll
showing the total appraised value of $1 ,290,582,870 and a total taxable value of
$1,159,299,400. Mr. Litchtield recommended the adoption of Resolution
97-06, that adopts the 1997 Appraisal Roll of the Harris County Tax Appraisal
District.
City Attorney read: RESOLUTION 97-06 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 1997
APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT.
Motion was made by Councilperson McLaughlin to approve Resolution 97-06
adopting the 1997 Appraisal Roll of the Harris County Appraisal District.
Second by Councilperson Clarke. The motion carried, 6 ayes, and 0 nays.
Ayes: COllncilpersons Engelken, Mclaughlin, Porter, Gay, Clarke and Mayor
Malone.
Nays: None
9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AND
ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY
LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF
LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT
MAINTENANCE AND IMPROVEMENT OF THE CITY GOVERNM,ENT
(Ord. 97-2193) - J. Lit.chfield
Finance Director/Assistant City Manager Jeff Litchtield reviewed the summary
and recommendation for the adoption of Ordinance 97-2193 establishing the tax
rate for Fiscal Year 1997-98 at $0.71 cents per hundred dollar valuation with
breakdown of:
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City of La Porte Public Hearing
and Regular Meeting Minutes
La Porte City Council
September 8. 1997, Page 5
General Fund = .57 per hundred dollar valuation
Debt Service = .14 per hundred dollar valuation
City Attorney read: ORDINANCE 97-2193 - AN ORDINANCE LEVYING
T AXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT
TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING
APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND
IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA
PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN
PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING' A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Porter to approve Ordinance 97-2193 as
read by the City Attorney. Second by Councilperson Gay. The motion carried,
6 ayes, and 0 nays.
Ayes: Councilpersons Engelken, McLaughlin, Porter, Gay, Clarke and Mayor
Malone.
Nays: None
10. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE AMENDING ORDINANCE 1587, E..c;TABLISHING USER
FEES AND RULES AND REGULATIONS FOR BA Y FOREST GOLF
COURSE (Ord. 1587-1) - J. Litchfield
Director of Finance! Assistant City Manager Jeff Litchtield spoke regarding the
summary and recommendation for the approval of Ordinance 1587-1, changing
certain fees and rules and regulations at the Bay Forest Golf Course. Mr.
Litchtield addressed Council questions.
Motion was made by Councilpersol1 Clarke to approve Ordinance 1587-1 as read
by City Attorney. Second by Councilperson Gay. The Illotion carried 6 ayes
and 0 nays.
Ayes: COllncilperson Engelken, McLaughlin, Porter, Gay, Clarke
and Mayor Malone.
Nays: None
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City of La Porte
Public Hearing
and Regular Meeting Minutes
La Porte City Council
September 8, 1997, Page 6
11. CONSlDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE AMENDING CHAJYfER 26, ARTICLE II, "WATER,
SEWERS, AND SEWAGE DISPOSAL," OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE; ESTABLISHING A NEW
RATE AND FEE STRUCTURE (Ord. 97-2194) - J. Lit.chfield
Finance Directorl Assistant City Manager Jeff Litchfield reviewed the summary
and recommendation to change the sewer rate for La Porte customers. In
addition to the rate changes, the residential cap for sewer charges will decrease
from $37.50 to $35.00 per month.
City Attorney read: ORDINANCE 97-2194 - AN ORDINANCE AMENDING
CHAPTER 26, ARTICLE II, "WATER, SEWERS, AND SEWAGE
DISPOSAL," OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE; ESTABLISHING A NEW RATE AND FEE STRUCTURE;
CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Porter to approve Ordinance 97-2194 as
read by City Attorney. Second by Councilperson Engelken. The motion
carried, 6 ayes, 0 nays.
Ayes: Counci,lperson Engelken, McLaughlin, Porter, Gay, Clarke and Mayor
Malone.
Nays: None
1.2. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE APPROVING AND AUTHORIZING AN EXTENSION OF
SOUTHWESTERN BELL TELEPHONE FRANCHISE AGREEMENT, AS
CONTAINED IN ORDINANCE 1834, PASSED AND APPROVED ON
JULY 8, 1992, FOR A TERM EXPIRING SEPTEMBER 30,1997;
EXTENDING SAID FRANCHISE AGREEMENT THROUGH MARCH 31,
1998 (O."d. 97-2195) - K. Askins
City Attorney Knox Askins reviewed summary and recommendation for the
request to extend the present Franchise Agreement wit.h Southwestern Bell, until
a new Franchise Agreement can be negotiated and approved.
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Public Hearing
and Regular Meeting Minutes '
La Porte City Council
September 8, 1997, Page 7
City Attorney read: ORDINANCE 97-2195 - AN ORDINANCE APPROVING
AND AUTHORIZING AN EXTENSION OF SOUTHWESTERN BELL
TELEPHONE FRANCHISE AGREEMENT, AS CONTAINED IN
ORDINANCE NO. 1834, PASSED AND APPROVED ON JULY 8, 1992,
FOR A TERM EXPIRING SEPTEMBER 30, 1997; EXTENDING SAID
FRANCHISE AGREEMENT THROUGH MARCH 31,1998; MAKING
V ARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Gay to approve Ordinance 97-2195 as read
by the City Attorney. Second by Councilperson Clarke. The motion carried, 6
ayes, 0 nays.
Ayes: Councilpersons Engelken, McLaughlin, Porter, Gay, Clarke and Mayor
Malone.
Nays: None
13. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE AUTHORIZING THE CITY OF LA PORTE TO ENTER
INTO A PROFESSIONAL SERVICES AGREEMENT WITH TURNER,
COLLIE AND BRADEN, INC. FOR ENGINEERING SERVICES TO
PREPARE A PRELIMINARY ENG.INEERING REPORT FOR TRUNK
SANITARY SEWER MAIN TO SOUTHEAST LA PORTE (97-2196) D.
Kneupper
City Engineer Doug Kneupper reviewed the summary and recommendation for
the request to approve an Agreement for Services with Turner, Collie &
Braden, Inc. to provide engineering services for preliminary engineering design
of sanitary sewer facilities. Mr. Kneupper answered questions from Council.
City Attorney read: ORDINANCE 97-2196 - AN ORDINANCE APPROVING
AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA
PORTE AND TURNER, COLLLIE & BRADEN, INC., TO PROVIDE
PROFESSIONAL ENGINEERING SERVICES FOR A PRELIMINARY
ENGINEERING DESIGN OF SANITARY SEWER FACILITIES;
APPROPRIATING NOT TO EXCEED $18,930.00 TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
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Public Hearing
and Regular Meeting Minutes
La Porte City Council
September 8, 1997, Page 8
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilperson Gay to approve Ordinance 97-2196 as read
by City Attorney. Second by Councilperson Engelken. The motion carried, 6
ayes, 0 nays.
Ayes: Councilpersons Engelken, McLaughlin, Porter, Gay, Clarke and Mayor
Malone
Nays: None
14. CONSIDER APPROVAL OR OTHER ACTION REGARDING A
RESOLUTION DECLARING INTENTION TO REIM.BURSE CERTAIN
EXPENDITURES WITH BORROWING PROCEEDS (Res. 97-07) J.
J oerns
Assistant City Manager John Joerns reviewed the summary and recommendation
to allow the City the option of reimbursing itself for pre-bond issuance expenses
if a resolution declaring this intention is passed. Mr. Joerns recommended the
Council approve resolution declaring intention to reimburse certain expenditures
with borrowing proceeds with regards to the above mentioned project with
Turner, Collie and Braden. Mr. Joerns addressed questions from Council.
City Attorney read: RESOLUTION 97-07 - RESOLUTION DECLARING
INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH
BORROWING PROCEEDS.
Motion was made by Councilperson Porter to approve Resolution 97-07 as read
by City Attorney. Second by Councilperson Clarke. The motion carried, 6
ayes, 0 nays.
Ayes: Councilperson Engelken, McLaughlin, Porter, Gay, Clarke and Mayor
Malone.
Nays: None
15. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY
OF LA PORTE AND ASSOCIATION OF BA YPORT COMPANIES FOR
E.M.S. SERVICES (97-2197) -.J. Sease
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Public Hearing and Regular Meeting
Minutes - La Porte City Council
September 8, 1997
Page 9
Fire Chief Joe Sease reviewed the summary and recommendation for the City of
La Porte Emergency Medical Service to enter an agreement with the
Association of Bayport Companies. Mr. Sease answered questions of City
Council.
City Attorney read: ORDINANCE 97-2197 - AN ORDINANCE APPROVING
AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA
PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC., FOR
EMERGENCY AMBULANCE SERVICE; MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LA W; PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Porter to approve Ordinance 97-2197 as
read by the City Attorney. Second by Councilperson Clarke. The motion
carried, 6 ayes, 0 nays.
Ayes: COllncilpersons Engelken, McLaughlin, Porter, Gay, Clarke and Mayor
Malone.
Nays: None
16. ADM.INISTRA TIVE REPORTS
City Manager Robert T. Herrera advised Council the City of La Porte will be
. introducing a resolution on Propane Gas and the 1997 TML Conference. He
also reminded Council of the Chamber of Commerce Steak Cookout on
September 18, 1997, and the Plant Manager's Breakfast on September 17, 1997.
17. COUNCIL ACTION
COllncilpersons Engelken, McLaughlin, Porter, Gay and Mayor Malone brought
items to Council's attention.
'18. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LA W, CHAPTER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSULTATION WITH
ATTORNEY, DELIBERATION REGARDING REAL PROPERTY,
DEL1BERATION REGARDING PROSPECTIVE GIFT OR DONATION,
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Public Hearing and Regular Meeting
Minutes - La Porte City Council
September 8,1997
Page 10
PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES
DELIBERA TION REGARDING SECURITY DEVICES, OR
EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER
WITNESS IN AN INVESTIGATION)
A. Section 551.074 - (PERSONNEL)
MEET WITH CITY MANAGER TO DISCUSS PERSONNEL MATTERS.
Council retired into executive session at 7:00 p. m. under Section 551.074
(PERSONNEL), to discuss personnel matters regarding the City Manager.
Council returned to the table at 8: 12 p.m. with no action taken.
19. CONSIDERA TION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION.
There was no consideration for this item.
20. ADJOURNMENT
There being no further business to come before Council, the meeting was duly
adjourned at 8: 13 p. ITI.
Respectfully submitted,
~tlAUt~ a. J4dM;l
Martha A. Gillett, City Secretary
.~ed a~d..... AP~.AO~l "the 22nd day of September, 1997
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PRESENTATION
DISTINGUISHED BUDGET PRESENTATION AWARD
GRANTED BY
THE
GOVERNMENT FINANCE OFFICERS ASSOC.IATION (GFOA)
OF
THE UNITED STATES AND CANADA
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GOVERNMENT FINANCE
OFFICERS ASSOCIATION
180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601
312/977-9700. Fax: 312/977-4806
July 7, 1997
Mr. Robert T. Herrera
City Manager
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
Dear Mr. Herrera:
I am pleased to notify you that the City of La Porte, Texas has received the Distinguished Budget
Presentation Award for the current year, from the Government Finance Officers Association
(GFOA). This award is the highest form of recognition in governmental budgeting and
represents a significant achievement by your organization.
When a Distinguished Budget Presentation award is granted to an entity, a Certificate of
Recognition for Budget Presentation is also presented to the individual or depaltment designated
as being primarily responsible for its having achieved the award. This has been presented to:
JeffF. Litchfield, Assistant City Manager
We hope you will arrange for a formal public presentation of the award, and that appropriate
publicity will be given to this notable achievement. A press release is enclosed for your use.
We appreciate your participation in GFOA's Budget Awards Program. Through your example,
we hope that other entities will be encouraged to achieve excellence in budgeting.
Sincerely,
1frPr/~
JLE/af
Jeffrey L. Esser
Executive Director
Enclosure
WASHINGTON OFFICE
1750 K Street, N.W., Suite 650, Washington, DC 20006
202/429-2750 . Fax: 202/429-2755
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July 7, 1997
GOVERNMENT FINANCE
OFFICERS ASSOCIATION
180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601
312/977-9700. Fax: 312/977-4806
PRESS RELEASE
For Further Information Contact
RELEASE IMMEDIATELY Stephen J. Gauthier (312) 977-9700
******************************************************************************
Chicago-- The Government Finance Officers Association of the United States and Canada
(GFOA) is pleased to announce that tqe City of La Porte, Texas has received the GFOA's
Distinguished Budget Presentation Award for its budget.
The award represents a significant achievement by the entity. It reflects the commitment of the
governing body and staff to meeting the highest principles of governmental budgeting. In order
to receive the budget award, the entity had to satisfy nationally recognized guidelines for
effective budget presentation. These guidelines are designed to assess how well an entity's
budget serves as:
G a policy document
o a financial plan
G an operations guide
() a communication device
Budget documents must be rated "proficient" in all four categories to receive the award.
When a Distinguished Budget Presentation award is granted to an entity, a Certificate of
Recognition for Budget Presentation is also presented to the individual or department designated
as being primarily responsible for its having achieved the award. This has been pres~nted to: Jeff
F. Litchfield, Assistant City Manager.
Since the inception of the GFOA's Distinguished Budget Presentation Awards Program in 1984,
approximately 700 entities have received the Award. Award recipients have pioneered efforts to
improve the quality of budgeting and provide an excellent example for other governments
throughout North America.
The Government Finance Officers Association is a nonprofit professional association serving
12,650 government finance professionals throughout North America. The GFOA's
Distinguished Budget Presentation Awards Program is the only national awards program in
governmental budgeting.
WASHINGTON OFFICE
1750 K Street, N.W., Suite 650, Washington, DC 20006
202/429-2750 · Fax: 202/429-2755
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RAEST FOR CITY COUNCIL AGENDA .M
AGENDA DATE Se~tember 8. 1997 REQUESTED BY Jeff ~Chfield, Finance Director(AC~
_ REPORT; _ RESOLUTION; XX ORDINANCE;- ()
The City Council held budget workshops on August 18, 19, and 20, 1997 to discuss proposed
budgets for the fiscal year beginning October 1, 1997 and ending September 30, 1998.
The Summary of Funds, which is shown below, represents the result of the workshops held with
City Council. All changes made by Council were incorporated into the various budgets.
General Fund
Hotel/Motel Occupancy Tax
Economic Development
Utility
Sylvan Beach
Airport
La Porte Area Water Authority
Golf Course
Motor Pool
Computer Fund
Employee Health Services
General Capital Improvement
Utility Capital Improvement
Sewer Rehabilitation Capital Improvement
General Debt Service
Utility Debt Service
La Porte Area Water Authority Debt Service
Total of All Funds
20,387,074
111,000
100,000
5,938,780
149,281
16,244
1,565,762
1,313,647
1,360,677
92,012
1,495,000
2,025,600
446,500
350,000
2,061,422
763,193
824.013
39,000,205
Incorporated into the budget are various rate changes. In the Golf Course, a new rate category
will be created for a single rider cart rate for 18 holes, and the definition of Weekend Rate will
change to begin at 11 :00 am on Friday. In the Utility Fund; the base sewer rates will be reduced
approximately 20%. There is no change in the Tax Rate, which has remained constant for the
last eight years.
ACTION REQUIRED BY COUNCIL: Adopt Ordinance Approving Fiscal Year 1997-98 Budget.
FUND N/A
ACCT NUM: N/A
FUNDS AVAILABLE: N/A
APPROVED FOR CITY COUNCIL AGENDA
G~ T. H~
ROBERT T. HERRERA, CITY MANAGER
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DATE
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~(O)[P~
ORDINANCE NO. 97-2192
AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS,
FOR THE PERIOD OF OCTOBER 1, 1997 THROUGH SEPTEMBER 30, 1998; FINDING THAT ALL
THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF
SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that
an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the
beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said
Budget; and
WHEREAS, the Budget for the fiscal year October 1, 1997, through September 30, 1998, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on August 12, 1997, and a public hearing scheduled for September 8, 1997 was duly advertised
and held. .
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and attached hereto by reference
as Exhibit "A", is hereby adopted as the Budget for the said City of La Porte, Texas, for the period of October
1, 1997, through September 30, 1998.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice
of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to
the public at the City Hall of the City for the time required by law preceding this meeting, as required by the
Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this Ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
SECTION 4: This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 8th day of September, 1997.
A;Q"~~!r~ - Q. l.{
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City Secretary
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REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE Sep-Iember 8, 1997 REQUESTED BY Jeff Litchfield, Finance Director/ACM ~
_ REPORT; XX RESOLUTION; _ ORDINANCE; V
On August 21, 1997, the City of La Porte received the Certified Appraisal Roll from the Harris
County Appraisal District.
Section 26.04 of the State Property Tax Code requires the submission of the Appraisal Roll to the
Governing Body.
The 1997 Certified Tax Roll for the City of La Porte, as received from the Harris County Appraisal
District (HCAD), shows a total appraised value of $1,290,582,870 and a total taxable value of
$1,159,299,400. .
ACTION REQUIRED BY COUNCIL:
Approve Resolution for acceptance of the appraisal roll.
FUND N/A
ACCT NUM: N/A
FUNDS AVAILABLE: N/A
APPROVED FOR CITY COUNCIL AGENDA
~~ 1". \.l~
ROBERT T. HERRERA, CITY MANAGER
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DATE
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~cQ)[j2)Y
RESOLUTION NO. 97-06
A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 1997
APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT.
WHEREAS, the Harris County Appraisal District has submitted to the City Council of the City of La Porte,
for approval, the 1997 tax appraisal roll; and
WHEREAS, the City Council is of the opinion that the 1997 appraisal roll with the amounts shown therein
should be adopted;
WHEREAS, the Harris County Appraisal District has reported to the City Council that there was situated in
the City of La Porte, as of January 1, 1997, property with a total appraised value of $1,290,582,870 and a
total taxable value of $1,159,299,400;
WHEREAS, new personal property added to the appraisal roll had a total taxable value of $2,543,200 as
of January 1, 1997;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT:
Section 1. THAT, the 1997 taxable roll in the amount of $1,159,299,400, as submitted by the Harris County
Appraisal District is hereby adopted;
Section 2. That 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 offices of City of La Porte 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 resolution and the subject matter
thereof has been discussed, considered and formally aded upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED this the 8th day of September, 1997.
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City Secretary
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REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE Seotember 8. 1997 REQUESTED BY Jeff Utchfield. Finance Director/AC~
_ REPORT; _ RESOLUTION; XX ORDINANCE;
The Fiscal Year 1997~98 Budget was built around a tax rate of 71 cents per hundred dollar
valuation.
A breakdown of the tax rate is as follows:
General Fund = 57 cents per hundred dollar valuation
Debt Service = 14 cents per hundred dollar valuation
The tax rate of 71 cents is the same rate that has been adopted for the last eight years.
ACTION REQUIRED BY COUNCIL:
Approve Ordinance establishing the tax rate for Fiscal Year 1997-98 at 71 cents per hundred
dollar valuation.
FUND N/A ACCT NUM: N/A
APPROVED FOR CITY COUNCIL AGENDA
GJ.~ I. \t~
ROBERT T HERRERA, CITY MANAGER
FUNDS AVAILABLE: N/A
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DATE
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ORDINANCE NO. 97-2193
AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO
TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT,
MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE;
FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS
HELD; CONTAINING A REPEALING CLA~SE; 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. That there is hereby levied for the fiscal year beginning October 1, 1997, and ending September
30, 1998, on all real property situated and all personal property owned within the taxable limits of the said
City of La Porte, on the first day of January, 1997, except so much as may be exempt under the constitution
and laws of the United States, this State, and the City of La Porte, the following taxes:
(1) An Ad Valorem Tax of and at the rate of fifty-seven cents ($.57) on the one hundred dollars
($100.00) cash value thereof, estimated in lawful currency of the United States for the current
expenses for the support, maintenance, and improvement of the City Govemment of said
City of La Porte; and
(2) An Ad Valorem Tax of and at the rate of fourteen cents ($.14) on the one hundred dollars
($100.00) cash value thereof, estimated in lawful currency of the United States, to pay
current interest on and provide one year's sinking fund and to pay all of the Principal and
Interest accruing on all outstanding general obligation bonds and certificates of obligation
lawfully issued by the City of La Porte.
That this provides the sum of total Ad Valorem tax at the rate of seventy-one cents ($.71) on the one
hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States.
Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on a ratio of
one hundred percent (100%) of the estimated market value thereof.
Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied be and
the same are hereby appropriated for the support, maintenance, and improvement of the City Government
of the City of La Porte. -
Section 4. The City Council officially finds, determines, recites and declares that all notices required by law
have been published, and that a public hearing as required by law was duly called and held, and that all
matters prerequisite to the establishment and levy of an ad valorem tax have been accomplished, all as
required by the laws of the State of Texas, and the Home Rule Charter of the City of La Porte.
Section 5. 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.
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Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict only.
Section 7. 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.
Section 8. This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 8th day 'Of September, 1997.
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City Secretary
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City Attorney
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RluEST FOR CITY COUNCIL AGENDA .M
AGENDA DATE September 8.1997 REQUESTED BY Jeff Litchfield. Finance Director/ACM
_ REPORT; _ RESOLUTION; XX ORDINANCE;
The 1997-98 Golf Course Budget included an allowance for certain changes to the rates at the
Bay Forest Golf Course.
Specifically, a new rate category was created for single riders of golf carts. This rate was
established at $9.00 for 9 holes and $12.00 for 18 holes. Also, the definition of Weekend Rate
was changed to begin at 11 :00 am on Friday.
ACTION REQUIRED BY COUNCIL:
Approve Ordinance 1587-1, changing certain rates at the Bay Forest Golf Course.
FUND N/A ACCT NUM: N/A
APPROVED FOR CITY COUNCIL AGENDA
6<~ 'T~ ~
ROBERT T HERRERA, CITY MANAGER
FUNDS AVAILABLE: N/A
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DATE
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ORDINANCE NO.1587-1
AN ORDINANCE AMENDING ORDINANCE 1587, AN ORDINANCE ESTABLISHING USER FEES
AND RULES AND REGULATIONS FOR THE CITY OF LA PORTE'S BAY FOREST GOLF COURSE;
CONTAINING A REPEALING 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: Effective October 1, 1997, the City Council of the City of La Porte hereby establishes the
following user fees for cart rental and green fees for the Bay Forest Golf Course.
Golf Cart:
$9.00/ 9 holes, single
$12.00/18 holes, single
Green Fees:
Weekend rates are effective Saturday, Sunday, legal holidays and after 11 :00 am Friday.
Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
Section 3. The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that
this meeting has been open to the public as required. -.
Section 4. This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 8th day of September, 1997.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE September 8,1997 REQUESTED BY Jeff Litchfield, Finance Director/ACM
{;
_ REPORT; _ RESOLUTION; XX ORDINANCE;
Included in the 1997-98 Fiscal Year budget was a change in the sewer rate for La Porte
customers. The rate decrease approximates 20% of the base rate.
The current and new base rates for sewer charges assessed monthly by the City are as follows:
Current Proposed
Residential $ 11.95 $ 9.45
Multi-unit $ 7.95 $ 6.45
Commercial:
3/4" meter. or smaller meter $ 21.15 $ 16.95
1" meter: 31.20 25.95
1 %" meter. 63.45 50.95
2" meter: 107.40 85.95
3" meter: 232.90 186.95
4" meter, or larger: 408.55 326.95
In addition to these rate changes. the residential cap for sewer charges will decrease from
$37.50 to $35.00 per month.
Rates for sewer consumption have not changed and will still be based on 85% of water
consumption.
The impact of this rate decrease will be to lower all residential sewer bills by $2.50 per month or
$30.00 per year. The impact on a commercial property will vary according to the size of service
they have.
The projected impact of these rate changes are to reduce total sewer revenues paid by residents
by $301,033 per year and for commercial customers by $48,015 per year.
ACTION REQUIRED BY COUNCIL:
Approve Ordinance lowering sewer rates for customers of La Porte.
FUND N/A ACCT NUM: N/A
APPROVED FOR CITY COUNCIL AGENDA
~~T.~
ROBERT T HERRERA. CITY MANAGER
FUNDS AVAILABLE: N/A
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ORDINANCE NO. 97-2194
AN ORDINANCE AMENDING CHAPTER 26, ARTICLE II, "WATER, SEWERS, AND SEWAGE
DISPOSAL," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; ESTABLISHING A
NEW RATE AND FEE STRUCTURE; CONTAINING A REPEALING CLAUSE; 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. Section 26-15 of Ordinance No. 1284 as amended by Ordinance No. 1441, Ordinance
No. 1666, and Ordinance 1748 is hereby amended, to hereafter read as follows, to-wit:
RATES FOR SEWER SERVICES
The following rates shall be applicable for sewage treatment by the City of La Porte computed on
a monthly basis;
A. Residential Use:
A minimum charge, per month, shall be $9.45.
B. Apartment Units, Duplex Units, Individual Mobile Homes In Mobile Home Parks, with units
not individually metered for water:
A minimum charge per month, shall be $6.45 per living unit.
C. Commercial and Industrial Use:
'A minimum charge per month shall be made in accordance with the size of the meter utilized
to measure service to the customer in accordance with the following schedules:
3/4"
1"
1 'Vz"
2"
3"
4"
meter, or smaller meter
meter:
meter:
meter:
meter:
meter, or larger:
$ 16.95
$ 25.95
$ 50.95
$ 85.95
$186.95
$326.95
D. Volume Charges:
(5) Computation of Volume based on water purchased:
Residential:
The volume of sewage treated shall be based on 85% of the resident's water
volume billed each month. However, the maximum residential charge will be
limited to $35.00 in any given month.
Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
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Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase,
or dause, 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 dedared 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.
Sedion 4. The City Council officially finds, detennines, 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.
Section 5. This Ordinance shall be in effect and in force on October 1, 1997.
~~S,TI"Ll O. lI~tALUli
~ary
PASSED AND APPROVED this the 8th day of September, 1997.
OF LA PORTE, TEXAS
4~"
N nnan Malone, ayor
APPROVED:(;/~
City Attorney .
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RluEST FOR CITY COUNCIL AGENDA ~M
AGENDA DATE September 8. 1997 REQUESTED BY Knox Askins. City Attornev
_ REPORT; _ RESOLUTION; XX ORDINANCE;
The City's Franchise Agreement with Southwestern Bell Telephone expires on September 3D,
1997. The City and Southwestern Bell are in negotiations for a new Franchise Agreement.
Approval of the attached ordinance will authorize extension of the present Franchise Agreement,
until a new Franchise Agreement can be negotiated and approved.
ACTION REQUIRED BY COUNCIL:
Approve Ordinance authorizing extension.
FUND N/A ACCT NUM: N/A
APPROVED FOR CITY COUNCIL AGENDA
~~T,~
ROBERT T HERRERA, CITY MANAGER
FUNDS AVAILABLE: N/A
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ORDINANCE NO. 97-2195
AN ORDINANCE APPROVING AND AUTHORIZING AN EXTENSION OF SOUTHWESTERN
BELL TELEPHONE FRANCHISE AGREEMENT, AS CONTAINED IN. ORDINANCE NO.
1834, PASSED AND APPROVED ON JULY 8, 1992, FOR A TERK EXPIRING
SEPTEXBER 30, 1997; EXTENDING SAID FRANCHISE AGREEMENT THROUGH
MARCH 31, 1998; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 10 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 20
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
ci ty 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 30 This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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80RDXHAHCE HO. 97-2195
ATTEST:
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PASSED AND APPROVED, this 8th day of September, 1997.
~M Dvillr\LL Ct. ~~l
Martha A. Gillett
City Secretary
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nox W. Askins,
City Attorney
, CITY OF LA PORTE
By:~g.~~k
N man L. Ma 0, ----
Mayor
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ASKINS & ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W, FAIRMONT PARKWAY
P,O, BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W, ASKINS
.JOHN D, ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
CHARI.ES R, HUBER. .JR,
BOARD CERTlF'IE:O ~ CIVIL TRIAL LAW
TEXAS SOARD OF" LEGAL SPECIALIZATION
August 28, 1997
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Gentlemen:
The city's Franchise Agreement with Southwestern Bell Telephone
expires on September 30, 1997. The City and Southwestern Bell are
in negotiations for a new Franchise Agreement. Approval of the
attached ordinance will authorize extension of the present
Franchise Agreement, until a new Franchise Agreement can be
negotiated and approved.
Y~very trulY./
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Knox W. Askins
city Attorney
City of La Porte
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Enclosures
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City- of l..a Porte
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September 8, 1997
Mr. Barry Beasley
Area Manager-External Affairs
Southwestern Bell Telephone
1031 Lee, Room B2
Pasadena, TX 77506
Re: Extension of City of La Porte - Southwestern Bell Telephone
Franchise Agreement Dated July 8, 1992, as described in City
of La Porte Ordinance No. 1834.
Dear Mr. Beasley:
At a regular meeting of the City Council of the City of La Porte on
September 8, 1997, the City of La Porte agreed to extend the terms
of the above referenced franchise agreement between the City of La
Porte and Southwestern Bell Telephone Company, through March 31,
1998.
The purpose of this extension is to allow the City of La Porte and
Southwestern Bell Telephone Company to negotiate terms of a new
agreement between the City and Southwestern Bell. This extension
may be terminated by either party after ninety (90) days written
notice, or may be terminated by a new ordinance passed by the City
of La Porte and accepted by Southwestern Bell Telephone Company.
Yours very truly,
CITY OF LA PORTE
By:
(7? I...{ ~,,\ "\, ~~~---,
Robert T. Herrera
City Manager
ACCEPTED AND AGREED,
this day of September, 1997,
SOUTHWESTERN BELL TELEPHONE COMPANY
By:
Barry Beasley
Area Manager-External Affairs
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ACCEPTANCE
WHEREAS, the City Council of La Porte, Texas did on the 8th day of September, 1997,
enact Ordinance Number 97-2195 entitled:
AN ORDINANCE APPROVING AND AUTHORIZING AN EXTENSION OF
SOUTHWESTERN BELL TELEPHONE FRANCHISE AGREEMENT, AS
CONTAINED IN ORDINANCE NO. 1834, PASSED AND APPROVED ON JULY
8, 1992, FOR A TERM EXPIRING SEPTEMBER 30, 1997; EXTENDING SAID
FRANCmSE AGREEMENT THROUGH MARCH 31, 1998; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
and WHEREAS, Ordinance No. 1834 was on the 8th of July 1992, duly approved by the
Mayor of the City of La Porte, Texas, (hereinafter L'City") and the Seal of said City was thereto
affixed and attested by the City Secretary, establishing, among other things, the reasonable
regulations governing Southwestern Bell Telephone Company's (hereinafter "Telephone
Company") use of the public rights-of-way within the City, and compensation therefor;
WHEREAS, Ordinance No. 97-2195 was on the 8th day of September, 1997, duly
approved by the Mayor of the City and the Seal of the City was thereto affixed and attested by the
City Secretary;
and WHEREAS, Ordinance No. 97-2195 purports to extend the terms and conditions of
Ordinance No. 1834 for a period through March 31, 1998;
and WHEREAS, Ordinance No. 97-2195 refers to Ordinance No. 1834 as having granted
Telephone Company "a franchise agreement";
And WHEREAS, Ordinance No. 1834 does not use the word "franchise";
and WHEREAS, the Telephone Company is willing to accept an extension of the terms
and conditions of Ordinance No. 1834 for a period through March 31, 1998, as set forth in the
letter agreement addressed to Mr. Barry Beasley and executed by Mr. Robert T. Herrera, City
Manager, dated September 8, 1997, for the purpose of allowing the City and Telephone Company
additional time to discuss the terms and conditions of a successor ordinance, but not for the
purpose of changing the terms and conditions of Ordinance No. 1834;
NOW, THEREFORE, Southwestern Bell Telephone Company hereby accepts
Ordinance No. 97-2195 for the limited purpose of extending Ordinance No. 1834 for a period
through March 31, 1998, and files this its written limited acceptance with the City Secretary of
the City of La Porte, Texas in his or her Office.
ACCEPTANCE
Page 1 of2
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Dated this J. ~ - day of . Oe,-/<J}x I""'
,1997.
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SOUTHWESTERN BELL TELEPHONE CO.
By: ~C~
David Cole
Title: President-Texas
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Acceptance filed in the office of the City Secretary of the City of La Porte, Texas this
I[~ day ofJI1 01 j,1/1'Yl,( ~ , 1997.
ACCEPTANCE
Page 2 of2
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City Secretary
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@ Southwestern Bell Telephone
"'The One to Can On" Sf A
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Marsha Pate
Area Manager -
Municipal Affairs
October 30, 1997
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The Honorable Norman Malone
Mayor, City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
Dear Mayor Malone:
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Attached are two originals of Southwestern 8ell Telephone Company's signed
acceptance of amending Ordinance 97-2195. This ordinance was passed by the
City of La Porte on September 8, 1997 to provide for a longer term and becomes
effective on October 1, 1997.
After the filing date has been noted by the City Secretary, one original ,
countersigned acceptance document should be returned to me for filing with
Southwestern Bell Telephone's official records. A self-addressed erwelope is
also attached for your convenience.
Please feel free to contact me if there are any questions.
Sincerely,
Attachments
CC: Barry Beasley
One Bell Plaza
Room 3020,30
P.O. Box 655521
Dallas. Texas 75265.5521
Ph~e (214) 464.3070
Fax (214) 464.5838
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REQUE~FOR CITY COUNCIL AGENA ITEM
Agenda Date Requested: September 8, 1997
Requested By: Guy Rankin / Doug K.neupp~~epartment: Planning
Report
Resolution
xx
Ordinance
Exhibits:
Ordinance
Proposal and Agreement for Engineering Services
Area Map
Summary &: Recommendation
On July 7, 1997 Council approved a Special Conditional Use Permit for a 176 unit apartment project
located at the comer ofSH 146 and McCabe Road. Sanitary sewer service currently is not available in
this area of La Porte. For this proposed development to proceed, a Utility Extension Agreement, between
the City and Developer, will be required to be in place before final development approval. The developer
has indicated a willingness to participate with the City to construct sanitary sewer facilities. Staffhas
prepared a preliminary layout and construction cost for a sanitary sewer trunk main. Additional
engineering study is needed to analyze alternatives and construction costs.
The engineering firm of Turner, Collie & Braden was selected to submit a proposal for professional
engineering services to perform a Preliminary Engineering Design for the proposed Sanitary Sewer Trunk
Main and Lift Station Facilities. TC&B is familiar with our Comprehensive Plan and our wastewater
treatment plant. They have also prepared a separate utility study for Carrington Weems.
The Proposal is for engineering services to prepare a Preliminary Engineering Report for a Sanitary
Sewer Trunk Main and Lift Station Facilities to serve Southeast La Porte. The fee is a lump sum amount
of $18,930. The recommended source of funds for this study is DEVELOPER PARTICIPATION /
OVERSIZING REQUESTS which has an estimated unencumbered balance of $39,300. Also, on
tonight's agenda is a resolution that would allow reimbursement of Fund 003 from the proceeds of a
future bond sale, if Council so desires.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute an Agreement For Services
with Turner, Collie.& Braden, Inc. to provide engineering services for a preliminary engineering
design of sanitary sewer facilities.
A vaiIability of Funds:
General Fund
XX Capital Improvement
Other
Water /W astewater
General Revenue Sharing
Account Number: 003-9890-725-1100
Funds Available: XX Yes
No
Approved for City Council Agenda
G7J~ T. ~
Robert T. Herrera
City Manager
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ORDINANCE NO. 97-2196
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF LA ~ORTE AND' TURNER, COLLIE &
BRADEN, INC., TO PROVIDE PROFESSIONAL ENGINEERING
SERVICES FOR A PRELIMINARY ENGINEERING DBSXGN OF
SANITARY SEWER FACILITIES; APPROPRIATING NOT TO EXCEED
$18,930.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section JI.. 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. The City Council appropriates the sum not to
exceed $18,930.00 from Utility Capital Improvement Fund 003 to fund
said contract.
Section 2. The City Council offIcially fInds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
su bject 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
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ORDINANCE mo. 97- 2196
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
confrrms 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 8th day of September, 1997.
By:
CITY OF LA PORTE
-l'~/.'tr.~
rman L. alone,
Mayor
ATIEST:
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AGREEMENT FOR SERVICES
(G@rP1!
1!f-,.H:- ~r ~
This Agreement entered into as ofth~ day of {U; 1997, by and between Turner
Collie & Braden Inc., hereinafter referred to as the "Engineer", and the City of La Porte, Texas,
hereinafter referred to as the "Owner".
WITNESSETH
WHEREAS, the Owner has requested engineering services of the Engineer with respect to
the preliminary engineering design for the proposed Sanitary Trunk Main 'and Lift Station Facilities
to serve undeveloped areas adjacent to the Weems Tract (hereinafter referred to as the Project).
NOW, THEREFORE, Owner and Engineer hereby agree as follows:
1. Engagement of Emrineer - Engineer hereby agrees to perform the services required
under the Project's scope of services as set out in Exhibit A, attached hereto and made a part hereof,
and to provide Owner with copies of the information, opinions', design calculations, and contract
documents associated with such services. Engineer agrees to initiate services upon receipt of an
executed copy of this Agreement.
2. Availability of Information - Owner agrees to provide Engineer with all available
information pertinent to the Project. Owner will also provide copies of reports, drawings, and other
data, and will, at Engineer'.5 request, provide written authorization to review Owner' s files relative
to the Project, which may be in possession of third parties. Engineer agrees to return all original
documents to Owner upon completion of the Project, but reserves the right to make and keep
reproducible copies of all such material.
~. . Access to Facilities - Owner will provide access for the Engineer to enter the property
and facilities of Owner as necessary for Engineer to perform services required under the Project.
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4. Instruments of Service - All documents prepared in accordance with this contract
including exhibits, field notes, laboratory data, original drawings, and specifications are the property
of the Owner. The Engineer is given the right to use any of this data in connection with future
engineering projects. The Engineer may. retain copies or reproducibles of any information prepared
for this Project.
5. Determination of Fees - The fees for the scope of services as stated in Exhibit A
provided by Engineer under this Agreement will be based on a Lump Sum Amount of $18,930.
6. Pavrnent and Fee Schedule - The Engineer will submit a monthly invoice for services
rendered. The invoice will be based upon the Engineer's estimate of the proportion of the total
services actually completed at the time of the invoice.
7. Terms of Pavrnent - Payment of fees as determined under Paragraph 5 hereinabove
shall be due and payable by Owner within thirtY (30) days following receipt of Engineer's monthly
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InVOIce.
8. Termination - The Owner may terminate this contract at any time by giving seven (7)
days' notice in writing to the Engineer. If the contract is terminated by the Owner in accordance
with this provision, Engineer shall be paid for all services performed to the date of termination.
Provided the Engineer is not at fault, Engineer may terminate this contract upon seven days' written
notice in the event of substantial failure by the Owner to perform in accordance with the terms of
.this Agreement. On termination, all finished or unfinished documents and other materials produced
under this contract shall become the Owner's property.
9. Notices - All notices required or permitted hereunder shall be in writing and shall be
deemed delivered three (3) day~ ~fter deposit with the United States Postal Service (certified mail.
return receipt requested), addressed to the respective other party at the addresses shown below:
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Turner Collie & Braden Inc.
P. O. Box 130089
Houston, Texas 77219-0089
Attention: Mr. Min Chu, P.E.
City of La Porte, Texas
P.O. Box 1115
La Porte, Texas 77572-1115
Attention: Mr. John Joems
10. Govemine Law - This Agreement shall be deemed to have been made under, and
shall be construed and interpreted in accordance with the laws of the State of Texas. The venue of
any suit for enforcement or construction of this contract shall be in Harris County, Texas.
11. Dispute Resolution - The parties will attempt in good faith to resolve any controversy
or claim arising out of or relating to this Agreement promptly by negotiation between senior
executives of the parties who have authority to settle the controversy.
The disputing party shall give the other party written notice of the dispute. Within ten days
after receipt of said notice, the receiving party shall submit to the other a written response. The
notice and response shall include (a) a statement of each party's position and a summary of the
evidence and arguments supporting its position, and (b) the name and title of the executive who will
represent that party. The executives shall meet at a mutually acceptable time and place within
twenty days of the date of the disputing party's notice and thereafter as often as they reasonably
deem necessary to exchange relevant information and attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty days of the meeting of the
senior executives, the parties shall endeavor to settle the dispute by mediation under the Center for
Public Resources Model Procedure for Mediation of Business Disputes or pursue amicable
termination.
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If the matter has not been resolved pursuant to the aforesaid mediation procedure within sixty
days of the commencement of such procedure (which period may be extended by mutual agreement),
if either party will not participate in a mediation, or if the parties cannot agree on a mediator, the
parties shall pursue amicable termination or arbitration in accordance with section 12.
12. Arbitration
12.1 All claims, counterclaims, disputes and other matters in 'question between the parties
hereto arising out of or relating to this Agreement or the breach thereof will be decided by
arbitration in accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association then obtaining, subject to the limitations and restrictions stated in paragraphs
12.3 and 12.4 below. This Agreement so to arbitrate and any other agreement or consent to arbitrate
entered into in accordance herewith as provided in this paragraph will be specifically enforceable
under the prevailing law of any court having jurisdiction.
12.2 Notice of demand for arbitration must be filed in writing with the other parties to this
Agreement with the American Arbitration Association. The demand must be made within sixty (60)
days time after the claim, dispute or other matter in question has arisen. In no event may the
demand for arbitration be made after the date when institution of legal or equitable proceedings
based on such claim, dispute or other matter in question would be barred by the applicable statue
of limitations.
12.3 All demands for arbitration and all answering statement thereto which include any
monetary claim must contain a statement that the total sum or value in controversy as alleged by the
party making such demand or answering statement is not more than $200,000 (exclusive of interest
and costs) 'and the arbitrators will not have jurisdiction, power or authority to render a monetarY
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award in response thereto against any party which totals more than $200,000 (exclusive of interest
and costs). The arbitrators will not have jurisdiction, power or authority to consider, or make
finding (except in denial of their own jurisdiction) concerning any claim, counterclaim, dispute or
other matter in question where the amount in controversy of any such claim, counterclaim, dispute
or matter is more than $200,000 (exclusive of interest and costs).
12.4 No arbitration arising out of or relating to this Agreement may include, by
consolidation, joinder or in any other manner, any person or entity who is not a party to this
Agreement.
12.5 By written consent signed by all the parties to this Agreement and containing a
specific reference hereto, the limitations and restrictions contained in paragraphs 12.3 and 12.4 may
be waived in whole or in part as to any claim, counterclaim, dispute or other matter specifically
described in such consent. No consent to arbitration in respect of a specifically described claim,
counterclaim, dispute or other matter in question will constitute consent to arbitrate any other claim,
counterclaim, dispute or other matter in question which is not specifically described in such consent
or in which the sum or value in controversy exceeds $200,000 (exclusive of interest and costs) or
which is with any party not specifically described therein.
12.6 The award rendered by the arbitrators will be final, judgement may be entered upon
it in any court having jurisdiction thereof, and will not be subject to modification or appeal except
to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 D.S.C. 10,11).
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ENTERED INTO AND AGREED TO by the parties hereto as of the day and year first
written.
TURNER COLLIE & BRADEN INC.
By:
O;v~ ce--
Min Chu, P.E.
Vice President
,CITY OF LA PORTE, TEXAS
By: G?~ T. \\-~
ATTEST:
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BUS-DEV\LAPORTE\AGREEMNT.897
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EXHIBIT "A"
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Turner Collie (fJBraden Inc.
Engineers · Planners · Project Managers
September 4, 1997
p.o. Box 130089
Houslon. Texas 77219-0089
5757 Woodwav iiOS7-l599
713 780-.1100
Fax 713 780-1)838
Mr. John Joerns
City of La Porte
604 West Fairmont Parkway
P. O. Box 1115
La Porte, Texas 77572-1115
Attention:
Mr. Douglas K. Kneupper, P.E.
City Engineer
Re: Proposal for Preliminary Engineering Services
for a Sanitary Sewer Trunk Main and Lift Station Facilities
to Serve Undeveloped Areas Adjacent to the Weems Tract
TC&B Job No. 13-01997-999, Task 0009
Gentlemen:
Turner Collie & Braden Inc. (TC&B) is pleased to submit this proposal to perform
preliminary engineering services relating to the design of a Sanitary Sewer Trunk Main and
Lift Station Facilities to serve undeveloped areas adjacent to the Weems Tract and future flow
diversion from the former BaywfUD area. It is our understanding that the proposed
improvements will be designed to satisfy the conditions described below. The facilities
location and alignment, tract ownership and lift station designations referred to herein are
based on the exhibit entitled "Proposed Sanitary Sewer for New Development", provided by
the City of La Porte.
1. The proposed trunk sewer will be tied to the existing 21-inch sanitary sewer adjacent to
the L.C.B. Park area.
2. The trunk sewer will be constructed along the boundary of the existing golf course and
future Weems tract alignment.
3. A lift station facility will be constructed along McCabe which will allow the future
abandonment of existing L.S. 12, as well as provide sufficient capacity for future tie-in
from L.S. 40. L.S. 40 presently receives flows from the former BayMUD, with
discharge to the Gulf Coast Waste Disposal Authority Plant.
4. Existing L.S. 6 and its force main, as well as the downstream discharge sewer, will be
analyzed to determine if it can be enlarged to handle the additional flow. It is our
understanding that L.S. 6 is located in the road right-ot:way and therefore may require
acquisition of property to encompass the improvements.
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TEXAS -\USTIN I-DALLAS I FORT I,\ORTH: HOUSTON/RIO GRANDE '. ~.LLEY COlORADO DENVER
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Turner Collie (6Braden Inc.
September 4, 1997
Mr. John Joems
City of La Porte
Page 2
5. A gravity sewer will be constructed along McCabe from existing L.S. 12 to the proposed
lift station facility. The existing lift station will be abandoned.
6. Existing L.S. 40 will be altered to allow redirection of flows to the new lift station
facility to be located on McCabe Street.
7. A force main will be installed to convey flows from L.S. 40 to the new lift station
facility.
The following scope of services describes the work required to perform the preliminary
engineering services in compliance with the above stated conditions.
SCOPE OF SERVICES
A preliminary engineering study will be performed which consists of the following services:
· Obtain and review plans of existing facilities as well as the "Comprehensive Wastewater
Collection and Treatment Plan" and previous studies performed for the Weems Estate.
· Investigate collection system improvement alternatives based on projected land use, flow
redirection, and phasing with regards to future growth.
· Develop recommendations for improvements to L.S. 6, its force main and downstream
discharge sewer.
· Recommend location and size of site for the proposed lift station on McCabe.
· Prepare a cost estimate for construction of the three alternatives investigated.
· Prepare a Preliminary Engineering Report containing discussion of the above described
tasks, cost estimates, conclusions and recommendations. Supporting data and exhibits
will be included in the report.
TIME OF COMPLETION
We understand time is of the essence on this project due to the City's current negotiations
with developers of an apartment project. The Preliminary Engineering Report will be
delivered to the City of La Porte within four weeks following receipt of authorization to
proceed.
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TurnerCollie@Braden Inc.
September 4, 1997
Mr. John Joerns
City of La Porte
Page 3
BASIS OF COMPENSATION
TC&B requests compensation in the lump sum amount of $18,930 to perform the Preliminary
Engineering Services described herein. Attachment "A" provides an estimate of hours and
labor rates for the various employee categories, as well as non-labor costs needed to complete
the work. We trust you will fmd the terms of this proposal acceptable and we look forward
to receipt of your authorization to proceed.
Please feel free to call Tony Sartori at (713) 267-2829 or myself at (713) 267-2957 if you
have any questions or require additional information.
Very truly yours,
Q;vL-.~
Min Chu, P.E.
Vice President
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MC:AGS:lf
BUS-DEV\LAPORTE\EXHIBIT.A
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ATTACHMENT "A"
CITY OF laPORTE, TEXAS
PRELIMINARY ENGINEERING SERVICES for SANITARY TRUNK MAIN and UFT STATION FACIUTIES
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Principal Project Elect Slruct. Mech. Engr. I CADD Admin. Subtotal Labor
Mgr. Engr. Engr. Engr. Dsgnr. Oprtr. Support ($)
. ($150) ($110) ($110) ($11 0) ($85) ($80) ($65) ($50)
ASK 1 PREUMINARY ENGINEERING STUDY 8 46 6 6 30 30 60 25 $17.680
NON-LABOR
Computer $900
Travel $150
Printing I Miscellaneous $200
SUBTOTAL NON-LABOR $1,250 $1,250
TOTAL S18,930
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TUl:'lr't COllie &. '2r3cen. In::.
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N.T.S.
GALVESTON
BAY
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RAEST FOR CITY COUNCIL AGENDA .M
A TT ACHMENT: Letter from Bond Counsel
AGENDA DATE September 8.1997 REQUESTED BY John J
_ REPORT; XX RESOLUTION; _ ORDINANCE;
The Sanitary Sewer Trunk Main and Lift Station Facilities to Southeast La Porte Project is a
potential Bond Fund project. The Tax Reform Act of 1986 made changes that severely limited
the ability of a City to reimburse itself (from bond funds) for expenses incurred on a project prior
to the issuance of bonds for the project.
In visiting with the City's Bond Counsel, Mr. M. Paul Martin, we found that amendments to the
Internal Revenue Code and State Law now permit the City the option of reimbursing itself for
pre-bond issuance expenses if a resolution declaring this intention is passed. The attached
resolution meets this requirement.
The purpose of the attached resolution is to leave the City with the option of reimbursing itself
for expenses incurred prior to issuance of bonds on the above mentioned project. At the time
the bonds are sold, the City can decide whether to reimburse itself or not.
Staff believes this is a beneficial tool to use with this and other future bond projects. Where it
would be especially beneficial is when a project is ready to be started but the bond sale is still
several months away. Progress could continue on the project with funds advanced from
another source and reimbursed when the bonds are sold.
I would like to draw you attention to Section 2 of the resolution. The wording of this section is to
imply that the bonds sold may be general obligation or utility revenue and that the total amount
of the issue is estimated to be $4,250,000. These funds would be available for several projects,
including the above mentioned project. The amount of the total issue is being stated since the
actual cost of this project is not known at this time.
ACTION REQUIRED BY COUNCIL:
Approve resolution declaring intention to reimburse certain expenditures with borrowing
proceeds.
FUND N/A
ACCT NUM: N/A
FUNDS AVAILABLE: N/A
APPROVED FOR CITY COUNCIL AGENDA
GL '[ ~
ROBERT T. HERRERA, CITY MANAGER
'1/4 }q,
DATE
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RESOLUTION NO. 97-07
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RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES
WITH BORROWING PROCEEDS
WHEREAS, the City of La Porte, Texas (the Klssuer") desires to pay expenditures in connection with the
design, planning, acquisition, construction, equipping, and/or renovating the project or facilities described
as the Sanitary Sewer Trunk Main and Lift Station' Facilities to Southeast La Porte project (the
Project).
WHEREAS, Article 717k-6, Vernon's Texas Civil Statutes, as amended CUArticle 717k-6j, permits the
Issuer to use the proceeds of obligations to reimburse the Issuer for costs attributable to the Project paid
or incurred before the date of issuance of such obligations; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the
payment of such expenditures will be appropriate and consistent with the Objectives of the Issuer's
programs and, as such, chooses to declare its intention, in accordance with the provisions of Section
1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues
obligations to finance the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS
THAT:
Section 1. This Resolution declares the intention of the Issuer to reimburse the expenditures for the
Project with the proceeds of obligations. The Issuer presently intends to reimburse the expenditure by
incurring obligations issued under Texas law the interest on which is excludable from gross income under
section 103 of the Intemal Revenue Code of 1986, as amended.
Section 2. The Issuer reasonably expects to incur debt, in one or more series of obligations, in an
aggregate maximum principal amount now estimated to be equal to $4,250,000 for the purpose of paying
the costs of the Project.
Section 3. The Issuer intends to reimburse the expenditures hereunder not later than 18 months after the
date the original expenditure is paid or the date the Project is placed in service or abandoned, but in no
event more than three years after the original expenditure is paid unless the Project is a construction
project for which the Issuer and a licensed architect or engineer have certified that at least five years are
necessary to complete the Project in which event the maximum reimbursement period is fIVe years after
the date of the original expenditure.
Section 4. The Issuer intends that this Resolution satisfy the official intent requirement set forth in
Section 1.150-2 of the Treasury Regulations and evidences its intentions under Article 717k-6.
Section 5. This Resoluti(m shall be liberally construed to evidence the intent of the Issuer to comply with
state law and federal income tax law in the issuance of tax-exempt obligations for the Project.
PASSED AND APPROVED this the 8th day of September, 1997.
1rST: 0 III ':id
i 0 ll-t~ft ~. /f'ULt'i"1
ity Secretary
crT'(" F LA PORTE, TEXAS
.& /~t . '_/
Nrman Malone, Mayor - ;L'
APPROVED: G- ~/ .~), /' <,j.
~!-,.)f- C'(., I Le.~~'~
City Attorney
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AKIN, GUMP. STRAUSS. HAUER & FELD. L.L.P.
ATTORNEYS AT LAW
AUSTIN
BRUSSELS
DALLAS
HOUSTON
MOSCOW
NEW YORK
PHILADELPHIA
WASHINGTON, D.C.
A REGISTERED LIMITED LIABILITY ='RTNERSHIP
INCLUDING PROFESSIONAL CORPORATIONS
1500 NATIONSBANK PLAZA
300 CONVENT STREET
SAN ANTONIO. TEXAS 78205
(210) 270-0800
FAX (2101 224-2035
Direct Dial: 12101 270-0824
August 8, 1997
Mr. Jeff Litchfield
City of La Porte
P.O. Box 1115
La Porte, TX 77571
Dear Jeff:
I enjoyed our visit on July 22. At that time we discussed two matters:
1. Senior citizen discount - We do not find any impediment to the City's providing a discount to
senior citizens in the water and sewer service billings.
2. Reimbursement resolution - As I mentioned to you, it is important that the City adopt a
reimbursement resolution any time the City wishes to spend current funds on a capital project but retain
the option of later reimbursing the general fund with proceeds of a tax-exempt borrowing. Enclosed is
a form we use for this purpose.
Please telephone me if you have any questions.
??(un.
M. Paul Martin
MPMldma
Enclosure
cc: Knox Askins
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'ce. Q~\e.. ~o iN"\~\~"f'f\.~f\\ -t~'e ~T\~O( ~\~l.etJ '\:)t:)Co\3t.)\- \).rt\\ o..Sk.r
-\""'-~ f\ew U\\\\~ ~~\\\t'\.~ S'1s\~1'(\ \~ '~~Te.\\eJ.. We. "'-(')~~ to
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REOUES",OR CITY COUNCIL AGEN"DA ITE.
Agenda Date Requested: September 8. 1997
Requested By: lL. Sease f!l-nepartment:
I
_ Report _ Resolution X
Fire / EMS
Ordinance
Exhibits:
Ordinance 97- 2197
Contract Example
Graphs
SUMMARY & RECOMMENDATION
The City of La Porte currently charges a fee of Five (5) dollars per employee, annually, to industrial
companies outside the City of La Porte for ambulance service. This fee amount has been in effect since our
original contract with the Association of Bay po It Companies.
Since the original contract, the City's EMS budget has increased for $552,69\ to $1,024,548, Since 1994,
the number of calls for service had increased by 24%, and calls for service to Bayport have increased for 3%
to 5.4%. Staff is recommending an increase on the base fee to $10.00 for each on-site employee, This
increase brings the Association of Bayport Companies (ABC) in line with budget increases and other outside
contracts for services. The term remains at three (3) years. All other provisions are essentially the same.
The agreement presented here proposes an increase in the annual payment from $5.00 to $10.00 per on-site
employee.
Action Required by Council:
Approve the ordinance authorizing an agreement between ABC and the City of La Porte for Emergency Medical
Service.
Availability of Funds:
General Fund Water/Wastewater
_ Capitall.mprovement_ General Revenue Stuu-ing
Other
Account Number: N/A
Funds AV~lil:lble:
YES
NO
ApllrOved for City Council A2:enda
~<\~
Robert T. Herrera
City M~,"ager
q- 4- "
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ORDINANCE NO~ 97-2197
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES,' INC.,
FOR EMERGENCY AMBULANCE SERVICE; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAPORTE:
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
hereby authorized to
execute
such document
Ci ty Manager is
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
Ci ty 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 subj ect matter thereof has been discussed,
considered and formally acted upon.
The Ci ty 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.
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(G(Q)[PW
ORDINANCE NO. 97-2197
PASSED AND APPROVED, this 8th day of September, 1997.
CITY OF LA PORTE
BY:~~~~
ATTEST:
vf!J1Q;Lff1~ a - /I4,Lltlt{
Martha A. Gillett
City Secretary
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A~~tf ;Jt/~~
Knox W. Askins
City Attorney
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CCQ)[j2)W
Southern
Ionies
Incorporated
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November 7, 1997
Mr. Robert T. Herrera, City Manager
P.O. Box 1115
La Porte, TX 77572-1115
RE: Agreement for Emergency Medical Service
Dear Mr. Herrera:
Please find enclosed Ordinance 97-2197, the agreement between the Association of
Bayport Companies (ABC) and the City of La Porte for Emergency Medical Service.
The Agreement has been signed by Paul Grissom, President, ABC. When you have
signed it, please forWard a fully executed copy to me for ABC records.
We are currently collecting the $10.00 per on-site employee from each of our member
companies. The payment for the 1997-1998 period should be delivered early next year.
:z;~
Greg Heausler
Site Manager
Enclosures
copy: Paul Grissom, Akzo Nobel
file
wordlgreglmedagree/jg
12901 'Say Park Road · Pasadena. TX 77507 · (281) 474-4826 · Fax (281) 474-4973
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City of La Porte
Established 1892
September 15. 1997
Mr. Greg Heausler
c/o Association of Bayport Companies
PO Box 691
La Portc. Texns 77572-0(,9 I
RE: Agrecmcnt for Emcrgency Medicnl Scrvice
Denr Mr. Henusler:
Encloscd is thc Ordinnnce 97-2197 nuthorizing nn ngrcemcnl between Associnlion of Ba:vport Compnnies (ABC)
and the City of La Porte. This ordinancc wns npproved by Cily Council on Seplcmber R, 1997, Once ABC has
had an opportunity to review nnd npprove the contract. plense return an executed copy. We will then sign the
. Agrcement and forwnrd n fully cxeculcd copy to ABC.
As mentioned previously. lherc is an increase in the cost per employee since we hnve gone nine (9) years wilhout
any adjustments. The agreement provides lar a payment of $10.00 per on-sile employee. This increase brings
ABC in line with budget incrcnses expcrienced by lhe City nnd wilh othcr oulsidc conlrncts lar Emergency
Mcdicnl Scrvice.
The lenn of the agreemenl is lor a lhree-year period from October I. 1997. lo Seplember 30.2000. All other
fealures of the previous agreement essenlially remain the same. The only modificalions arc:
I. Delclcd Scction III. paragrnph 4-d of previous conlract.
2. Added phrase regnrding EMS lransport policy lO Section V
I rccognize lhat acccplancc by ABC cannot occur until your ncxl Associalion Meeting. I also recognize lhat it
will tnkc another (j(l days or so lO COIlCCl pnymcnls for deli\'ery lo lhc Cily. Wc underSland thc necd lar Ilexibilily
'during this lime period nnd will of coursc conlinuc lo provide uninlernlpled service.
Sincerely.
G<J.~ T \\-~~
Robert T. Herrcra
City Managcr
RTH/dly
Enclosures
C: John Jocrns. Assislant Cily Managcr
Jeff Litchlicld. Direclor of Finance / ACM
Joc Seasc. Fire Chief
P.O;..Box 1115 0 La Porte, Texas 77572-1115 0 (281) 471-5020
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ORDINANCE NO. 97-2197
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC.,
FOR EMERGENCY .AMBULANCE SERVICE; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAPORTE:
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 he~ein by this reference. The
hereby authorized to execute such document
documents on behalf of the City of La Porte.
Ci ty Manager is
and all related
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 f~nds, 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
Ci ty 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 subj ect 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.
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ORDINANCE NO. 97-2197
PASSED AND APPROVED, this ath day of September, 1997.
CITY OF LA PORTE
By: ,~~//<<~
ATTEST:
~fJh~a .)4,LlcU).
Martha A. Gillett
City Secretary
Knox W. Askins
City Attorney
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CONTRACT
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
THIS CONTRACT AND AGREEMENT made and entered into on this the
1st day of October, 1997, by and between ASSOCIATION OF BAYPORT
COMPANIES, INC., a Texas Non-Profit Corporation, hereinafter called
"A.B.C.", and CITY OF LA PORTE, a Texas Municipal Corporation,
hereinafter called "CONTRACTOR", and containing all terms of the
agreement between said parties.
WIT N ESE T H:
That Contractor agrees, as an independent contractor, at its
own cost and expense, to furnish Emergency Medical Service (EMS) on
Service Area as outlined on Exhibit "A", attached hereto and fully
incorporated by reference herein, 'which shall hereafter be referred
to as the "Service Area", in compliance with the terms and
conditions, covenants and agreements hereinafter set forth;
provided, however, that A.B.C. hereby agrees and promises to pay
Contractor the sum specified in paragraph XIV below per year, in
advance, for such services.
Contractor will provide space for
housing ambulances and personnel.
I.
AMBULANCES PROVIDED
As part of the consideration expressed herein, Contractor
agrees to furnish ambulances and the personnel to man those
ambulances, said Emergency Medical Service being available on a
constant basis. Contractor shall regularly maintain said ambulance
units, keep them in good working condition at all times, normal
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wear accepted.
Contractor shall further keep in full force and
effect, collision and liability insurance on said ambulances in
accordance with the provisions of paragraph IX il1fra. A. B. C. shall
be named as an additional insured on said policies.
II.
EMERGENCY AMBULANCE SERVICE REOUIREMENTS
Contractor covenants and agrees to furnish ambulance service
in compliance with" the following requirements:
(1) Contractor shall have and maintain at least two (2)
ambulances and crews available twenty-four (24)
hours daily for emergency dispatch, in conformity
wi th the standards set forth in Paragraph III
hereof. 'Contractor reserves the right to arrange
for back-up units when both of the two (2)
ambulances are in service, and the further right to
activate mutual assistance agreements with other
governmental entities in the event of calamity or
disaster conditions. Nothing set forth herein is
meant to diminish the ability of Contractor to
arrange for baCk-Up units when both of the two
ambulances are in service, or diminish the. right of
Contractor to activate mutual assistance agreements
with other governmental entities in the event of
calamity or disaster conditions.
(2) Equipment and crews shall be located at a point or
points within the City of La Porte to be selected
by Contractor. It is the intention of the parties
that same shall be so located that an ambulance can
reach any area wi thin thE! Service Area wi thin a
reasonable period from time of dispatch, and it is
w"i thin the contemplation of the parties that ten
(10) minutes is deemed to be a reasonable period of
time.
III.
STANDARDS REQUIRED FOR AMBULANCES
AND ACCESSORY EOUIPMENT
Contractor covenants and agrees to furnish at his ow~ expense
ambulances and accessory equipment which comply with the following
standards:
(1) A total of not less than two (2) Mobile Intensive
Care ambulances shall be furnished by the
Contractor twenty-four (24) hours a day, to the
Service Area.
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Provided, that said two (2) ambulance requirements
shall not apply, when either or both of said units
are engaged in providing emergency ambulance
service to a point or points as contemplated within
the $ervice Area, said Service Area specified in
paragraph XIII. One of said units may be on call
at a backup location within the City of La Porte or
the Service Area upon dispatch of the initial unit
required to be maintained wi thin the City of La
Porte. Each vehicle must have a patient capacity
of not less than two (2) patients.
(2) All ambulances must be inspected and approved by
the Chief of Emergency Medical Services of the City
of La Porte and must be of a type and design
suitable for transporting injured persons. Said
vehicles shall be at all times in a state of good
mechanical repair and shall be equipped with tires
in good condition and not showing unusual wear.
(3) All such ambulances must be licensed as Mobile
Intensive Care units in compliance with Article
44470 of the Revised civil Statutes of the State of
Texas, and amendments thereto, and in compliance
with the Rules and Regulations of the State Board
of Health.
(4) (a) Each-ambulance shall be equipped with a two-
way radio which transmi ts and receives on _ ___
frequencies designated for use by the City of
La Porte.
(b) Radios will be operated on City of La Porte
local government frequency 155.625
megacycles, or such other frequency which the
City may designate.
(c) Radios must be maintained to meet current
F.C.C. specifications. The maintenance costs
will be borne by the Contractor.
(d) Contractor will comply with all F.C.C.
regulations. The assigned radio frequency is
shared with other City services. Contractor
shall keep all radio messages brief and clear,
and shall avoid unnecessary transmissions.
(7) The Emergency Medical Services Chief of the City of
La Porte shall determine the standards for
ambulance equipment. In determining the adequacy
of the equipment, the Emergency Medical Services
Chief shall take into consideration the current
list of minimal equipment for ambulances as
required by Article 44470 of the Revised Civil
statutes of the State of Texas.
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IV.
INSPECTION AND APPROVAL OF AMBULANCES
AND ACCESSORY EOUIPMENT BY CITY
All ambulances and acces~ory equipment shall be subject to
inspection by the Emergency Medical Services Chief of the City of
La Porte, or his duly appointed representative, and if at any time
same are not in compliance with the provisions hereof, or if any
ambulance is in need of mechanical repairs in order to insure its
satisfactory condition, then such ambulance shall not be used until
all defects are remedied to the satisfaction of the Emergency
Me~ical Services Chief. Appropriate substitute equipment shall be
provided in the event any vehicle or equipment is not available for
service for one (1) week, and immediate written notice of such
shall be furnished by Contractor to A.B.C..
V.
TRANSPORTATION .TO HOSPITAL
Contractor shall transport patient to the nearest hospital
providing an emergency service, that will take the patient, unless
the patient's safety or the patient him or herself specifically
requests otherwise and said request is within Contractor's
transport policy. In the event that the patient is incapacitated,
the Paramedic attendant shall designate transportation of patient
to the nearest hospital.
VI.
CHARGES PERMITTED CONTRACTOR
Contractor shall be permitted to charge the following base
charge, to-wit:
(1) Ambulance Service and Invalid Coach Service:
(a) . Contractor shall be entitled to charge fees
for its services rendered, said fees being
subject to change from time to time upon
thirty (30) days written notice from
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Contractor to A.B.C.. The fees chargeable by
Contractor to A.B.C. on the effective date of
this Contract are specifically enumerated on
Exhibit "B", attached hereto and fully incor-
porated by reference herein. Contractor shall
be entitled to change said fees upon written
notice to A.B. C., said fee change becoming
effective on the thirtieth (30th) day
following delivery of the written notice from
Contractor to A.B.C..
(b) Method of dividing cost among patients if
more than one is carried in the same
ambulance simultaneously to one hospital:
One and one-half (1 1/2) times the
regular rate, di vided by the number of
patients transported; each patient to pay
equal amount.
Contractor shall never deny emergency
service because of a person's inability
to pay.
(c) The collection of such fees shall be the
sole responsibility of the said
Contractor. Contractor shall vigorously
pursue the collection of any such fees.
VII.
DISPATCHING
Contractor shall have its own telephone number, with a minimum
of two (2) incoming lines. Emergency calls shall be received by
Contractor at the 911 Emergency ~~:~i?e number.
VIII.
COMPLIANCE WITH LAW AND ORDINANCES
Contractor agrees to operate the ambulances in accordance with
the requirements of the State and Federal law, and applicable
municipal or county ordinances, as the same now exist, and as may
be amended from time to time hereafter.
IX.
LIABILITY INSURANCE
During the term of this contract and any extensions thereof,
Contractor shall purchase and keep in full force and effect, public
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liability insurance on each of its ambulance units, workers
compensation, and professional liability insurance (malpractice
insurance>. on each of its employees administering patient care,
with minimum liability limits established in the Texas Torts Claims
Act, Vernon's civil Practice and Remedies Code, Chapter 101.
Contractor shall file certificates of insurance coverage with
A.B.C. during the term of this contract and any extensions thereof.
On all said insurance policies, A.B.C. shall be named as an
additional named insured.
x.
INDEPENDENT CONTRACTOR
It is expressly agreed and understood by all parties hereto
that Contractor is an independent contractor in its relationship to
A.B.C..
Nothing herein contained at any time or in any manner
shall be construed to (1) effect an agreement of partnership or
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j oint venture, or (2) render any party hereto the employer or
master of any other party and/or its employees, agents or
representatives, and (3) Contractor shall be deemed sole provider
to the A.B.C..
XI.
INDEMNIFICATION AND ASSUMPTION OF LIABILITY
Contractor covenants and agrees to indemnify, and does hereby
indemnify, hold harmless and defend, A.B.C., its agents, servants
or employees, from and against any and all claims for damages or
injuries to persons or property of whatsoever kind or character,
whether real or asserted, arising out of or incident to the
operation of its emergency ambulance service and all other of its
operations arising under or otherwise incident to the provisions of
this contract; and Contractor hereby assumes all liability and
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responsibility for injuries, claims or suits for damages to persons
or property, of whatever kind or character, whether real or
asserted, occurring during the term of this agreement, arising out
of or by reason of the operation of its emergency ambulance service
and all other of its operations arising under or otherwise incident
to the provis ions of this contrclct; provided, however, the
liability of Contractor hereunder shall be limited as provided in
the Texas Tort Claims Act, Vernon's Civil Practice and Remedies
Code, Chapter 101.
XII.
REVOCATION OF CONTRACT
A.B.C. and Contractor may cancel this contract, without cause,
after ninety (90) days prior written notice from the cancelling
party to the other party. Such notice shall be sent by Contractor
to A.B.C. at: Post Office Box 691, La Porte, Texas 77572-0691.
Such notice shall be sent by A.B.C. to Contractor at: City of La
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Porte, Post Office Box 1115, La Porte, Texas 77572-1115, Attn:
City Manager.
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XIII.
SERVICE AREA
A.B.C. and Contractor agree that Contractor's service area
includes the Cities of La Porte; Morgan's Point; and Shoreacres;
and the Battleground and Bayport Industrial Districts, and any
other entities within the extraterritorial jurisdiction of the City
of La Porte with which ci ty may hereafter enter into service
agreements. Contractor shall not enter into any ambulance service
contract with any other entity providing fees for services shown on
Exhibit liB" more favorable to any other entity, than those provided
for herein.
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XIV.
PAYMENTS TO CONTRACTOR
A.B.C. shall make a payment to Contractor on or before the 1st
day of October, 1997, of Ten Dollars ($10.00) per on-site employee
of the ASSOCIATION OF BAYPORT COMPANIES members, comprised within
the service area. The employee count, which A.B.C. represents to
Contractor to be approximately between Five Thousand (5,000) and
six Thousand (6,000), on an annual basis, shall be based upon the
number of full-time equivalent, on-site employees and shall include
the number of recurring-contract workers (such as maintenance
contracts that are used for scheduled plant maintenance). The
number of covered personnel is to be estimated by each individual
plant within the service area and furnished to the ASSOCIATION OF
BAYPORT COMPANIES for the computation of the annual fee, which
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shall occur on or before October 1, the anniversary date of each
year of this contract. A.B.C. shall furnish to Contractor said
census count furnished to them from the ASSOCIATION OF BAYPORT
COMPANIES during the month of September during each year of this
contract.
XV.
TERM
This Contract shall become effective at 12:01 a.m. Central
Daylight Time, on the 1st day of October, 1997, and shall remain in
full force and effect until the 30~h day of September, 2000, unless
otherwise cancelled as provided in paragraph XII above.
This
Contract is entered into subject to the Charter and Ordinances of
the City of La Porte, and all applicable state and federal laws.
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By:
By:
By:
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EXECUTED IN DUPLICATE ORIGINALS, effective as of the 1st day
of October, 1997.
ASSOCIATION OF BAYPORT COMPANIES, INC.
By:
~du~
President
ATTEST: .
~;g~
Secretary
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CITY OF LA PORTE
By: G~ T. \4~
Robert T. Herrera
City Manager
ATTEST':
UfY1 f}.:tte; it- a { .}4JLtI1tj
Martha A. Gillett
City Secretary
APPrO FOR F~RM~
. .c.1/l-7~ ';:', : ~'.~C'7L/~"
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Knox w. Ask~ns,
City Attorney
City of La Porte
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City of La Porte E.M.S.
Patient call volume
1992 to 1996
3,000
P 2,508
A 2,500
T 2,023
I 2,000 1,752
E
N 1,500
T
S 1,000
500
0
1992 1993 1994 1995 1996
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City of La Porte E.M.S.
Contract Patient Volume Fact Sheet
June 1, 1996 to June 1, 1997
Calls to contract areas
1. Association of Bayport Companies
2. Battleground Industrial District
3. Port of Houston
133 (5.4%)
37 (1.5%)
33 (1.3%)
Total Patient Volume
2,469
Contract Patient Volume Graph
June 1, 1996 to June 1, 1997
5%
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III A.B.C.
II Battleground
o Port of
Houston
D Total Patient
volume
93%
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ORDINANCE NO. 1799
AN ORDINANCE ESTABLISHING
STRUCTURE FOR THE CITY OF
CLAUSE; FINDING COMPLIANCE
AN EFFECTIVE DATE HEREOF.
A NEW EMERGENCY MEDICAL SERVICS RATE
LA PORTE; CONTAINING A SEVERABILITY
WITH THE OPEN MEETINGS LAW; AND PROVIDING
_._ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The following rate structure is hereby established
for the provision of emergency medical services by the City of La
Porte Emergency Medical Service.
1. Transpor tation: .
$150.00 + $2.50 per
loaded mile
2. Emergency handling:
(extrication and Code 2
emergency traffic)
3. Life flight/alternate transport:
4. Infection control: .
(if mask and/oc aprons are needed
for cleanup after infectious patient)
25.00
150.00 + cost of
supplies
15.00
5. Spinal immobilization:
6. ECG moni tor:
25.00
15.00
7. Medicine:
10.00 per pcesc:iption
8. Oxygen set up:
15.00
9. Splinting package:
10.00
10. Mast pants:
(military anti shock trouser
application)
10.00
11. Thumper:
15.00
12. CPR
10.00
13. Blood draw:
10.00
14. LV. set up
20.00 per site
15. Bandage (includes hot pacl(s,
cold packs, etc.)
20.00
16. E.'r. package:
(endotracheal intubation)
15.00
Ii. EOA or EGTA package:
(esophageal gastric tube ai:way)
50.00
18. o.a. kit:
25.00
19. Intraosseous package:
40.00
20 Bag Valve Mask:
2: .00
21 Suction Package:
15.00
Section 2.
The cates established hereunder shall be ef=ective
the 1st day of January, 1992.
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EXHIBIT B
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ORDINANCE NO.
PAGE 2
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 the City Council to have passed each
section, sentences, 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 declare~ 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 5. This Ordinance shall be effective from and after
its passage and approval, and it is 90 ordered.
PASSED AND APPROVED, this 9th day of December, 1991.
CITY OF LA PORTE 1
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BY v~;.-.t,.,/L/~~' .
~larmari L. Maldne, Mayor
ATTEST:
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Cherie Black
City Secretary
AP~VED:
a;~"1A .
Knox W. Askins
City Attorney
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City of La Porte
Eswblished I 139 ~
September 3, 1997
Mr. Frank Sturzl
Executive Director
Texas Municipal League
182.1 Rutherford Lane, Suite 400
Austin, Texas 78754-5128
RE: Resolution for 1997 TML Annual Conference
Dear Frank:
I enclose a proposed resolution for introduction at the 1997 TML Annual Conference along with
the required cover sheet. We do not believe this specific resolution, concerning regulation of
propane gas, will present any controversy.
The City of La Porte appreciates any assistance YOll could provide to permit the introduction of
this resolution to the Resolutions Committee.
1 look forward to seeing you at the conference.
Sincerely,
G<~ T. ~
Robert T. Herrera
City Manager
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Enclosures (2)
c Council member Alton Porter
~'I.) i~fX~il~" :..)~\'I:t:".Tt.:'.:.i"'-;~-:
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1997
TML RESOLUTION COVER SHEET
Sponsoring Entity: City of La Porte
(City, TML Affiliate, and/or TML Region)
Brief Background: Recognize propane as an alternate fuel source and to treat
it as such.
What the Resolution is Intended to Accomplish:
Recognizing propane as an alternate fuel source with the Texas Railroad Commission.
Statewide Importance:
Eauality of local rules and regulations governing propane that are consistent with uniform
fire codes. and other nationallv recognized fire protection standards that serve to encourage
greater economic growth.
Submitted by:
Name: Robert T. Herrera
Title: City Manager
City: City of La Porte
Telephone: 281/471-5020
PLEASE DO NOT WRITE ON THE BACK OF TillS FORM
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TEXAS MUNICIPAL LEAGUE
RESOLUTION No.
WHEREAS, the Texas Municipal League has established a good working
relationship with the Texas Railroad Commission on the issue of harmonization of local
rules and regulations governing propane gas; and
WHEREAS, members of the Texas Municipal League and the Texas Railroad
Commission have formed a task force toward that end to assure the health, safety and
welfare of the citizens of Texas; and
WHEREAS, the Texas Municipal League and the Texas Railroad Commission
work closely with fire departments, fire marshals, building inspectors, city managers and
law enforcement officials; and
WHEREAS, the Texas Municipal League and the Texas Railroad Commission
have expressed their desire to promote greater efficiency in the regulation of propane
gas so as to reduce barriers to the economic development and economic growth of
propane gas as an alternative fuel; and
WHEREAS, the Texas Municipal League and the Texas Railroad Commission
have committed to a close working relationship to develop the best and most reasonable
standards for the storage and handling of propane gas throughout the state of Texas.
NOW, THEREFORE BE IT RESOL YED that the Texas Municipal League work
with the Texas Railroad Commission to encourage efforts and initiatives that promote
the use of environmentally friendly alternative fuels like propane that serve the greater
interests of all Texans through the reduction ofwmecessary economic barriers; and
BE IT FURTHER RESOLVED that the Texas Municipal League member cities
and member municipalities endorse the adoption of ordinances that are consistent with
uniform fire codes and other nationally recognized fire protection standards that serve
to encourage greater economic growth, greater cooperation and hannony among propane
marketers, cities and fire protection officials in the Texas Municipal League and
throughout Texas.