HomeMy WebLinkAbout2000-12-11 Regular Meeting and Special Called Workshop Meeting0 0
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MINUTES OF THE REGULAR MEETING
AND SPECIAL CALLED WORKSHOP MEETING
OF LA PORTE CITY COUNCIL
DECEMBER 11, 2000
1. Call To Order
The meeting was called to order by Mayor Pro Tem Jerry Clarke at 6:00 p.m.
Members of City Council Present: Council members Guy Sutherland, Chuck Engelken,
Howard Ebow, Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young and Jerry
Clarke.
Members of Council Absent: Mayor Norman Malone
Members of City Executive Staff and City Employees Present: City Manager Robert T.
Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, City Secretary
Martha Gillett, Finance Director Cynthia Alexander, Assistant Finance Director Mike
Dolby, Public Works Director Steve Gillett, Planning Director Doug Kneupper,
Purchasing Manager Susan Kelley, Emergency Services Director Joe Sease, Parks and
Recreation Director Stephen Barr, Assistant Parks and Recreation Director Mike Davis
and Police Chief Richard Reff.
Others Present: Jean Young, Spero Pomonis, Sib Carpenter, Bill Scott and a number of
citizens.
2. Council member Howard Ebow delivered the invocation.
3. Council considered approving the minutes of the Regular Meeting of Council held
November 27, 2000.
Motion was made by Council member Sutherland to approve the minutes of the Regular
Meeting held November 27, 2000 as presented. Second by Council member Engelken.
The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young and Clarke.
Nays: None
Abstain: None
4. Petitions, Remonstrances, Communications, and Citizens and Taxpayers wishing to
address Council.
There were no citizens wishing to address City Council.
Council considered approval or other action regarding a resolution authorizing a
Grant Agreement to continue participation in the Harris County Organized Crime
and Narcotic Task Force - R. Reff.
Richard Reff Police Chief presented summary and recommendation and answered City
Council's questions.
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City Council Minutes 12/11/00 — Page 2
Motion was made by Council member Porter to approve the Resolution 2000-18 as
presented. Second by Council member Griffiths. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young and Clarke
Nays: None
Abstain: None
6. Council considered approving an ordinance approving and authorizing an
Interlocal Agreement between the City of La Porte, Harris County, and
Reinvestment Zone Number One — J. Joerns.
Assistant City Manager John Joerns presented summary and recommendation and
answered Council's questions.
City Attorney read: (ORDINANCE 2000-2456) AN ORDINANCE APPROVING AND
AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA
PORTE, HARRIS COUNTY, AND REINVESTMENT ZONE NUMBER ONE, CITY
OF LA PORTE, TEXAS, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Gay to approve Ordinance 2000-2456 as
presented. Second by Council member Young. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young and Clarke.
Nays: None
Abstain: None
7 & 8. (7) Council considered approval or other action regarding an ordinance approving
and creating the La Porte Redevelopment Authority — J. Joerns.
(8) Council considered approval or other action regarding a resolution approving
the articles of incorporation and bylaws of the La Porte Redevelopment Authority —
J. Joerns.
Assistant City Manager John Joerns presented summary and recommendation and
answered Council's questions.
City Attorney read: (ORDINANCE 2000-2457) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LA PORTE APPROVING THE APPLICATION TO
THE MAYOR AND CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, FOR
CREATION OF THE LA PORTE REDEVELOPMENT AUTHORITY; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
City Attorney read: (RESOLUTION 2000-19) A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA PORTE APPROVING THE ARTICLES OF
INCORPORATION AND BYLAWS OF THE LA PORTE REDEVELOPMENT
AUTHORITY; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
City Council Minutes — 12-11-00 — Page 3
Motion was made by Councilmember Engelken to approve items 7 and 8 as presented.
Second by Council member Ebow. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young and Clarke.
Nays: None
Abstain: None
9. Council considered approval or other action regarding an Ordinance authorizing
the City Manager to execute a contract with Cardinal Roofing, Inc., in the amount
of $112,888.00 and further authorizing $5,650.00 contingency for the roof
replacement at the Sylvan Beach Pavilion Building — D. Kneupper
Planning Director Doug Kneupper presented summary and recommendation and
answered Council's questions.
City Attorney read: (ORDINANCE 2000-2458) AN ORDINANCE APPROVING AN
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
CARDINAL ROOFING, INC., FOR THE ROOF REPLACEMENT AT THE SYLVAN
BEACH PAVILION BUILDING; APPROPRIATING $118,538.00 TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Griffiths to approve the Ordinance as presented.
Second by Council member Ebow. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young and Clarke.
Nays: None
Abstain: None
10. Council considered approval or other action regarding an Ordinance authorizing
the City Manager to execute amendment no. 1 to the grant for routine maintenance
between the City of La Porte and the Texas Department of Transportation, and
appropriate the $8,315.00 necessary matching funds from the airport fund balance —
S. Gillett.
Public Works Director Steve Gillett presented summary and recommendation and
addressed Council's questions.
City Attorney read: (ORDINANCE 2000-2459) — AN ORDINANCE APPROVING
AND AUTHORIZING AN AMENDMENT TO THE GRANT AGREEMENT
BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF
TRANSPORTATION, FOR ROUTINE AIRPORT MAINTENANCE AT THE LA
PORTE MUNICIPAL AIRPORT; APPROPRIATING $8,315.00, 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.
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City Council Minutes—12-11-00 — Page 4
Motion was made by Council member Engelken to approve the Ordinance as presented.
Second by Council member Ebow. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young and Clarke.
Nays: None
Abstain: None
11. Consider approval or other action regarding an ordinance appointing a redistricting
committee, and establishing its powers and duties — N. Malone
Mayor pro tem Jerry Clarke and City Attorney Knox Askins presented summary and
requested each Council member make a recommendation for their committee nominee.
Nominations by Council members:
Mayor — Mayor pro tem Jerry Clarke nominated Sydney Grant as chairperson on behalf
of Mayor Norman Malone.
Motion was made by Council member Sutherland to approve Sydney Grant as
Chairperson of the Redistricting Committee. Second by Council member Griffiths. The
motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young and Clarke.
Nays: None
Abstain: None
Guy Sutherland — District 1- Council member Sutherland nominated Betty Waters as the
redistricting committee member for District 1.
Motion was made by Council member Sutherland to approve Betty Waters as the
member for District 1 on the Redistricting Committee. Second by Council member
Griffiths. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young and Clarke.
Nays: Gay
Abstain: None
Chuck Engelken — District 2 — Council member Engelken nominated Betty Stoumbaugh
as the redistricting committee member for District 2.
Motion was made by Council member Young to approve Betty Waters as the member for
District 1 on the Redistricting Committee. Second by Council member Griffiths. The
motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young and Clarke.
Nays: None
Abstain: None
City Council Minutes — Page 5 — 12-11-00
Howard Ebow — District 3 — Council member Ebow nominated Kirby Linscomb, Jr. as
the redistricting committee member for District 3.
Motion was made by Council member Young approve Kirby Linscomb, Jr. as the
member for District 3 on the Redistricting Committee. Second by Council member
Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young and Clarke.
Nays: None
Abstain: None
Deotis Gay — District 4 — Council member Gay nominated himself as the redistricting
committee member for District 4.
Motion was made by Council member Gay to approve Council member Deotis Gay as
the member for District 4 on the Redistricting Committee. Second by Council member
Ebow.
The motion failed.
Ayes: Gay
Nays: Sutherland, Engelken, Ebow, Griffiths, Porter, Young and Clarke.
Abstain: None
Charlie Young — District 5 — Council member Young nominated Bernard Legrand as the
redistricting committee member for District 5.
Motion was made by Council member Griffiths to approve Bernard Legrand as the
member for District 5 on the Redistricting Committee. Second by Council member
Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young and Clarke.
Nays: Gay
Abstain: None
Jerry Clark — District 6 — Council member Clarke informed Council he would not be
nominating Charlcya Wheeler because she no longer lives in his district. He nominated
Bob Capen as the member for District 6 on the Redistricting Committee.
Motion was made by Council member Young to approve Bob Capen as the member for
District 6 on the Redistricting_ Committee. Second by Council member Ebow. The
motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young and Clarke.
Nays: None
Abstain: None
City Council Minutes — Page 6 — 12-11-00
Peter Griffiths — At Large Position A — Council member Griffiths nominated Claudia
Zapata as the member for At Large Position A on the Redistricting Committee.
Motion was made by Council member Griffiths to approve Claudia Zapata as the member
for the At Large Position A on the Redistricting Committee. Second by Council member
Young. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young and Clarke.
Nays: None
Abstain: None
Alton Porter — At Large Position B — Council member Porter nominated Ed Matuszak as
the member for At Large Position B on the Redistricting Committee.
Motion was made by Council member Porter to approve Ed Matuszak as the member for
the At Large Position B on the Redistricting Committee. Second by Council member
Engelken.^ The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young and Clarke.
Nays: Gay
Abstain: None
Peter Griffiths — At Large Position A — Council member Griffiths nominated Dina
Martinez as the alternate member for At Large Position A on the Redistricting
Committee.
Motion was made by Council member Engelken to approve Dina Martinez as the
alternate member for the At Large Position A on the Redistricting Committee. Second by
Council member Gay. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Gay and Clarke.
Nays: None
Abstain: None
Mayor Pro Tem Jerry Clarke suggested Council consider Charlcya Wheeler as a possible
alternate member. Council member Deotis Gay suggested Charlie Perry as an alternate
member for District 4.
It was the consensus of Council to nominate and vote on alternate members at the next
City Council meeting.
City Attorney read: (ORDINANCE 2000-2460) — AN ORDINANCE APPOINTING A
RE -DISTRICTING COMMITTEE, AND ESTABLISHING ITS POWERS AND
DUTIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Minutes — Page 7 — 12-11-00 City Council Meeting
Motion was made by Council member Porter to approve the Ordinance with the approved
members as nominated by Cily Council. Second by Council member Young. The
motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young and Clarke.
Nays: Gay
Abstain: None
12. Council considered declaring an emergency and authorizing the repair of the non -
directional beacon by Conroe Avionics, Inc., in the amount of $30,944.00 and
appropriate the necessary funds from the airport fund.
Public Works Director Steve Gillett presented summary and recommendation and
answered Council's questions.
Motion was made by Council member Sutherland to declare the emergency and authorize
the necessary funds as requested. Second by Council member Engelken. The motion
carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Gay and Clarke.
Nays: None
Abstain: None
13. Council considered the Consent Agenda.
A. Consider awarding bid for water and sewer supplies
B. Consider awarding bid for cab and chassis with aerial lift.
C. Consider awarding bid for Tractor with 35' rotary boom mower.
Motion was made by Council member Engelken to approve the consent agenda as
presented and vote all items at once. Second by Council member Griffiths. The motion
carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Gay and Clarke.
Nays: None
Abstain: None
Council took a brief break from 8:00 — 8:15 P.M. There was no action taken during the
break.
14. Call to order Workshop Meeting
Mayor Pro Tern Jerry Clarke called the Workshop Meeting to order at 8:16 P.M.
Council discussed options presented by Parks and Recreation Director Stephen Barr
regarding the San Jacinto Pool.
Council directed Mr. Barr to proceed forward with the "sprayground" concept for the San
Jacinto Pool.
Page 8 — City Council Minutes — 12-11-00
15. The Workshop Meeting adjourned at 8:53 P.M.
16. Administrative Reports
City Manager Robert T. Herrera reminded Council of the following events.
A. Chamber of Commerce Holiday After Hours and Mini Business Expo — Tuesday,
December 12, 2000 — 4-7 P.M. — Evelyn Kennedy Civic Center
B. City Closed in Observance of Christmas Holidays — December 25 and 26, 2000
C. December 25, 2000 City Council Meeting Cancelled
D. New Year's Holiday Observed — Monday, January 1, 2001
In addition, Mr. Herrera reminded Council of the Christmas Dinner at City Hall to be
held on Wednesday, December 20, 2000.
17. Council Action
Councilpersons Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young and Clarke
brought items to Council's attention.
18. CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT
CODE, - EXECUTIVE SESSION — PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, (CONSULTATION WITH ATTORNEY, DELIBERATION
REGARDING REAL PROPERTY, DELIBERATION REGARDING
PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS,
CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING
SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION).
19. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION.
Due to no Executive Session there was no action taken.
20. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 9:06 PM.
Respectfully submitted, `� G�#illett
klAo l
Martha
City Secretary
Passed and approved on this 8th day of January, 2001.
Norman Malone, Mayor
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Agenda Date Requested: December 1
Requested By:
Department: Polinn
Report: Resolution: x Ordinance:
Exhibits: Resolution and Agreement.
Exhibits:
Exhibits:
Appropriation
Source of Funds: FEDERAL FUNDING
Account Number. 001-5256-521.1010
Amount Budgeted: 32Xd&00
Amount Re qu ,660 00
Budgeted Item. YES NO
SUACKARY & RECOMMENDATION
The La Porte Police Department has been a member of the multi- jurisdictional Harris County Organized Crime and
Narcotic Task Force since it became a Texas Narcotic Control Program in 1990. This Task Force is funded yearly
by grant funds issued by the Texas Narcotic Control Program. The Task Force is applying for a $3,577,000.00 grant
for the next grant year, which is June 2001 to May 2002.
The City of La Porte has been and desires to continue to participate in the Task Force by assigning a Sergeant and
Investigator to the Task Force. The grant provides for reimbursement of these officer's salaries at $97?980.00 with
the balance of their salaries serving as the City's match which is $32,660.00
The Task Force has proven to be an affective tool in coordinating enforcement activities against narcotic trafficking.
Additionally, they have and will continue to provide personnel and technical support to the La Porte Police
Departments narcotic investigations.
Action Required by Council: Request authorization for the City Manager to sign the resolution and grant
agreement to continue participation in the HCOCNTF.
Approved for City Council Agenda
(3,4"t i Neu- vz s-vo
Robert T. Herrera, City Manager Date
RESOLUTION— _ , oc)c-A
WHEREAS, The La Porte City Council finds it in the best interest of the citizens
of La Porte that the Harris County Organized Crime and Narcotics Task Force be
operated for the 12t' year, and
WHEREAS, La Porte City Council has considered the proposed application for
State and Federal Assistance for said project, in the amount of $3,577,000 to be
submitted to the Office of the Governor, Criminal Justice Division, T.N.C.P.
Program, and
WHEREAS, La Porte will receive a maximum of $97,980 in Criminal Justice
Division funds for its portion of manpower assigned to said project, and
WHEREAS, La Porte City Council has agreed to provide matching funds for the'
said project in the amount of $32,660, as required by the grant application, and
WHEREAS, La Porte City Council has agreed that in the event of loss or misuse
of the $97,980 in Criminal Justice .Division funds, La Porte City Council assures
that the funds will be returned to the Criminal Justice Division in full.
NOW THEREFORE, BE IT RESOLVED that La Porte City Council approves
submission of the grant application for the Harris County Organized Crime and
Narcotics Task Force to the Office of the Governor, Criminal Justice Division,
T.N.C.P. Program in the amount of $3,577,000.
Authorized Official
Passed and Approved this I j/111- day of &(t: m6E--k , 2 CC t
city. Clerk
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INTERLOCAL AGREEMENT
HARRIS COUNTY ORGANIZED
CRIME AND NARCOTICS TASK FORCE GRANT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Interlocal Agreement ("the Agreement") is entered into between the City of Baytown, a municipal
corporation situated in Harris County, Texas ("Baytown"), and the City of La Porte ("La Porte"), a
municipal corporation situated in Harris County, Texas pursuant to the Interlocal Cooperation Act,
Tex. Gov't Code Ann. §§ 791.001 — 791.014 (Vernon 1994).
WITNESSETH
WHEREAS, Baytown, through its Police Department, ("BPD"), has applied for a grant from the
Criminal Justice Division, Office of the Governor, State of Texas, in the amount of $3,577,000, entitled
"Harris County Organized Crime and Narcotics Task Force Grant" ("the Grant");
WHEREAS, the target geographic area of such Grant includes both incorporated and unincorporated
areas of Harris and Ft. Bend Counties;
WHEREAS, the Baytown Police Department, the La Porte Police Department ("L.P.P.D ") and
representatives of nine (9) other law enforcement agencies in the target geographic area have combined
their resources to form the Harris County Organized Crime and Narcotics Task Force ("the Force");
WHEREAS, Baytown and La Porte have agreed to contribute a total of $1,323,000 in matching funds
for purposes of the grant;
WHEREAS, the grant funds, in part, will be expended to pay personnel costs, costs of equipment and
supplies, and operation expenses as set out in Exhibit "A" to be used in the investigation, prosecution and
prevention of organized and narcotics related crime;
WHEREAS, Baytown and La Porte believe it is in their best interest to enter into this Agreement to
carry out the Grant program; and,
WHEREAS, Baytown and La Porte agree to abide by all pertinent federal, state and local laws and
regulations;
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
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ARTICLE I.
Purrose
1.01 The purpose of this Agreement is to provide for the responsibilities of Baytown and La Porte as
members of the Force in regards to the investigation, prosecution and prevention of organized
and narcotics related crime.
ARTICLE II.
2.01 The Agreement shall be deemed to be effective on June 1, 2001, and shall terminate on the
Grant expiration date (including renewals) or on the termination date of any extension thereof
granted by the Criminal Justice Division, Office of the Governor, State of Texas, hereinafter
referred to as the "CJD", whichever is later.
It is the intent of Baytown and La Porte that this Agreement remains in effect for the entire term
of the Grant, including renewals. Baytown and La Porte acknowledge that Baytown must apply
each year for continuation of this Project and that the Grant can be discontinued at any time by
CJD. Should the Grant be terminated or not renewed by CJD for any reason, Baytown and La
Porte agree to terminate this Agreement on the date the Grant is terminated by CJD.
Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or
insufficient funds are appropriated and budgeted by the governing body of Baytown or are
otherwise not available for any reasons whatsoever in any fiscal period to meet cash match
requirements or any other obligation agreed to under this Agreement, this Agreement shall
terminate on the last day of the fiscal period for which sufficient funds were appropriated. Written
notification of such non -appropriation will be delivered to La Porte within thirty (30) days after its
occurrence.
ARTICLE III.
3.01 As consideration for La Porte's performance under this Agreement, Baytown agrees to reimburse
La Porte for seventy-five percent (75%) of the personnel expenses for L.P.P.D. employee(s) as
provided in Exhibit "A", attached hereto and incorporated herein for all intents and purposes, for
each grant year this Agreement remains effective. In no event shall Baytown's obligation to pay
La Porte personnel expenses for services provided hereunder by the L.P.P.D. personnel exceed
$130,640 annually, except as provided under Article 3.04 hereof. Release of any funds
hereunder is subject to the approval of CJD. Baytown and La Porte acknowledge that the
amounts provided in Exhibit "A" may change as Baytown's application for renewal of grant
funding in future years is reviewed by CJD or if additional funding is made available to Baytown.
3.02 Payments for reimbursable personnel and other expenses shall be made monthly upon
presentation of the L.P.P.D.'s statement of expenses incurred and in accordance with Exhibit "A"
3.03 La Porte will be paid on the basis of monthly -itemized invoices submitted by La Porte and
approved by Baytown showing the services performed and the attendant fee. Baytown shall
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make payment to La Porte within thirty (30) days of the receipt by Baytown of such invoices. If
any items in any invoices submitted La Porte are disputed by Baytown for any reason, including
lack of supporting documentation, Baytown shall temporarily delete the disputed item and pay the
remaining amount of the invoice. Baytown shall promptly notify La Porte of the dispute and
request clarification and/or remedial action. After any dispute shall have been settled La Porte
shall include the disputed amount on a subsequent regularly scheduled invoice or on a special
invoice for the disputed item only. The decision of Baytown regarding all disputes involving La
Porte shall be final.
3.04 Baytown and La Porte acknowledge that Baytown may receive additional Grant funds with which
it may pay La Porte personnel expenses for services provided hereunder in subsequent years by
L.P.P.D. personnel assigned to the Force over and above that amount provided in Article 3.01
hereof and on "Exhibit A" hereto. No warranties or representations are being made by Baytown
as to whether such additional funds will be available, nor that Baytown will apply for such funds.
It is further acknowledged that any additional application for Grant funds and award of funds for
use in payment of L.P.P.D. services may require a cash match by La Porte. Upon Baytown's
notification to La Porte of the amount of the cash match required, La Porte shall either pay the
match or terminate this Agreement.
ARTICLE IV
4.01 The equipment, hardware and other non -expendable items used during performance under this
Agreement may be owned by Baytown, La Porte, other members of the Force, or purchased with
Grant Funds. Upon termination of this Agreement, ownership and possession of equipment,
hardware and other non -expendable items will revert to the respective owner. All parties
participating in the Force may donate property to the Force for its participants' use from time -to -
time during performance of this Agreement, and it is understood that the respective owner will
retain ownership of such property unless otherwise agreed in writing. Possession of any
equipment, hardware or other non -expendable item purchased with Grant funds will revert to
Baytown upon termination of this Agreement, unless otherwise approved by CJD and agreed in
writing.
4.02 It is acknowledged and agreed that L.P.P.D. personnel may use BPD-owned and leased
automobiles. Such use is authorized by this Agreement and no other permission will be required
or deemed necessary. It is further agreed that the owner of such vehicles shall maintain in full
force and effect all necessary insurance as provided herein and that such coverage shall extend
to any and all members of the Force.
4.03 La Porte acknowledges and agrees that all property seized by any participants in the Force while
performing in accordance herein or as a member of or on behalf of the Force shall belong to BPD
for use by the Force. La Porte waives all rights to any such property and to any proceeds
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derived therefrom and agrees to execute any document or record and to assist in any manner to
establish such ownership in BPD.
ARTICLE V.
Scope of Services
5.01 La Porte agrees to perform those services provided in Exhibit "B" attached hereto and
incorporated herein for all intents and purposes.
5.02 La Porte warrants that:
(a) Services performed by L.P.P.D. assigned to the Grant program and any property
acquired by Grant funds or owned by Baytown and delivered to La Porte for their use,
hereinafter "Property', are directly and exclusively devoted to the Grant program and that
the amounts paid for personnel expenses are not in excess of La Porte's actual cost of
same.
(b) Baytown will be notified of the location of all Property placed in La Porte's possession or
under its control and that such Property will not be removed from such location without
the expressed written permission of BPD.
(c) L.P.P.D. personnel assigned to the Grant program are not receiving dual compensation
from La Porte and Baytown for the same services performed under the terms of this
Agreement.
(d) La Porte will cooperated with CJD, its agents, representatives and employees and any
other State of Texas agency in regards to any audit, investigation or inquiry concerning
the Grant.
(e) All performance hereunder shall conform to the professional standards prevailing in
Harris County, Texas, with respect to the scope, quality, due diligence and care of the
services and products of the type to be provided hereunder.
5.03 La Porte agrees to comply with the regulations, policies, guidelines and requirements provided in
the Grant, and OMB Circulars No. A-122, A-110, A-102 and A-87 as they relate to the Agreement
and use of Federal Funds.
5.04 Baytown and La Porte agree that L.P.P.D. personnel assigned to work with the Force shall at all
times be and remain employees of La Porte.
5.05 La Porte agrees that L.P.P.D. personnel assigned to the Grant program will be subject to the
disciplinary rules, operating procedures and professional standards of L.P.P.D., and are also
subject to the disciplinary rules, operating procedures and professional standards of the Force.
Where there is conflict between the disciplinary rules, operating procedures or professional
standards of L.P.P.D. and the Force, the respective disciplinary rules, operating procedures and
professional standards of L.P.P.D. will control.
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ARTICLE VI.
Information/Data
6.01 La Porte shall keep all materials to be prepared hereunder and all Baytown data it receives in
strictest confidence, excluding those documents and records filed in the courts or otherwise
classified as "public record". La Porte shall not divulge such information except as approved in
writing by Baytown or as otherwise required by law.
6.02 La Porte, except as otherwise required by law, shall make no announcement or release of
information concerning this Agreement until such release has been submitted to and approved in
writing by Baytown and CJD. When issuing statements, press releases, producing printed
materials, audio visuals and other documents describing or related to the Grant program, such
material shall clearly state that funding for the grant project was provided to the City of Baytown
through a grant from the Texas Narcotics Control Program, Criminal Justice Division, Office of the
Governor, State of Texas. Any such publicity shall be in a form approved by CJD, Baytown and
in accordance with State law.
6.03 Baytown shall have the right to perform, or cause to be perform, (1) audits of the books and
records of La Porte pertaining to La Porte's performance under this Agreement, and (2)
inspections of all places where work is undertaken in connection with this Agreement. La Porte
shall be required to keep such books and records available for such purpose to ensure the
availability, usability and safety of such records. The locations of such records shall be disclosed
to Baytown upon request. Such records cannot be destroyed unless agreed in writing by
Baytown and CJD.
6.04 La Porte agrees to make all data, reports, books, papers, documents and all other information in
any form, electronically produced or otherwise, that were prepared, collected or assembled during
performance of this Agreement, concerning, derived from or as a result of the Grant, available to
Baytown, through any authorized representative, within a reasonable time upon request.
ARTICLE VII.
Insurance and Release of Liability
7.01 Insurance
(a) Tort Claims — Baytown and La Porte as state political subdivisions, are governed by the
Texas Tort Claims Act, Chapter 101.001 et sea., Civil Practices and Remedies Code,
which sets forth certain limitations and restrictions of the types of liability and the types of
insurance coverage that can be required of state agencies. Baytown and La Porte
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warrant and represent to each other that they are self -insured or commercially insured for
all claims falling within the Tort Claims Act.
(b) Each party to this Agreement agrees that it shall have no liability whatsoever for the
actions or omissions of an individual employed by another party, regardless of where the
individual's actions occurred. Each party is solely responsible for the actions and/or
omissions of its employees and officers.
8.01 To the extent required by law, La Porte shall comply with all applicable laws, standards, orders
and regulations regarding equal employment which are applicable to La Porte's performance of
this Agreement, including Executive Order No. 11246, as amended, and 41 C.F.R., which are
incorporated herein by reference.
ARTICLE IX.
Amendments
9.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing to be
attached to and incorporated into this Agreement.
ARTICLE X.
Legal Constructions
10.01 In case any one or more of the provisions contained in this Agreement shall be held to be invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect
any other provision thereof and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
ARTICLE XI.
Entire Agreement
11.01 This Agreement supersedes any and all other agreements, either oral or in writing, between the
parties hereto with respect to the subject matter hereof, and no other agreement, statement or
promise relating to the subject matter of this Agreement which is not contained herein shall be
valid or binding.
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City Manager
Gary Smith
City Clerk
CITY OF BAYTOWN, TEXAS
APPROVED:
Date
Date
City of La Porte, TEXAS
APPROVED:
Authorized Official Date
Attest Date
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(05
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date
Requested By
Department:
Report: Resolution: Ordinance: X
Exhibits:
1. Ordinance No.
2. Interlocal Agreement between City of La Porte,
Harris County, and Reinvestment Zone Number
One
Aanrouriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: _YES _NO
SUMMARY & RECOMMENDATION
A key element of our Tax Increment Reinvestment Zone is the Tax Participation Agreement between the City,
the Board, and the participating taxing entities.
On August 23, 1999, City Council approved an interlocal agreement between City of La Porte, La Porte
Independent School District, and Reinvestment Zone Number One. This agreement outlined and authorized La
Porte Independent School District's participation in Reinvestment Zone #1. The City focused on completing the
agreement with La Porte Independent School District because of a legislative deadline of September 1, 1999
affecting school district participation in tax increment zones.
The City and David Hawes then initiated discussions with Harris County regarding their participation. After
agreement was reached in principle, the City drafted a proposed interlocal agreement which was reviewed by
Harris County without any significant changes.
Harris County did request the City revise Exhibit "A" to include a description of the projects the County is
agreeing to participate in and the City requested some clarifying language on Harris County participation in
bond financing costs.
Harris County's agreed participation is 75% of the tax increment attributed to the captured appraised value in
the La Porte Zone (75% of $.39/100 valuation). Harris County's participation is limited to the projects
described in Exhibit A.
On October 19, Harris County provided the City with a copy of the final draft agreement, which was approved
by Commissioner's Court on October 24, 2000. The TIRZ Board of Directors approved the interlocal
Agreement at their meeting on November 29, 2000.
Staff and the TIRZ Board of Directors recommend City Council approve the interlocal Agreement between the
City of La Porte, Harris County, and Reinvestment Zone Number One, City of La Porte, Texas.
Action Required by Council:
Consider approval of Ordinance No. Do"a+� 4 approving the interlocal Agreement between the City of La
Porte, Harris County, and Reinvestment Zone Number One, City of La Porte, Texas.
AnDrwr9'ffX0 OtMouncil Agenda
.e 07 0 0
bert T. rrera, City Manager Date
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ORDINANCE NO. 2000- 2 1JSlr,
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LA PORTE, HARRIS COUNTY, AND REINVESTMENT ZONE
NUMBER ONE, CITY OF LA PORTE, TEXAS, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The Mayor is hereby authorized to execute such document
and all related documents on behalf of the City of La Porte. The
City Secretary is hereby authorized to attest to all such
signatures and to affix the seal of the City to all such documents.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this lath day of December, 2000.
CITY OF LA PORTE
By:
Norman L. Malone, Mayor
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ATTEST:
,Ind,
Martha A. Gillett
City Secretary
APPROVED:
Knox W. Askins
City Attorney
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THE STATE OF TEXAS
COUNTY OF HARRIS
INTERLOCAL AGREEMENT
I. PARTIES
A. Address
THIS INTERLOCAL AGREEMENT ("Agreement") is made by and between the CITY
OF LA PORTE, TEXAS ("City"), a municipal corporation and home -rule city of the State of Texas
principally situated in Harris County, acting by and through its governing body, the City Council;
HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, acting by
and through its governing body, the Harris County Commissioners Court ("Harris County"), and
REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS ("LaPorte Zone"),
a reinvestment zone created by the City of La Porte pursuant to Chapter 311 of the Texas Tax Code,
acting by and through its Board of Directors. This Agreement is made pursuant to Chapter 791 of
the Texas Government Code and Chapter 311 of the Texas Tax Code.
The initial addresses of the parties, which any party may change by giving written notice of
its changed address to the other parties, are as follows:
Citv
City Manager
City of La Porte
604 West Fairmont Parkway
P.O. Box 1115
LaPorte, Texas 77572-1115
La Porte Zone
Reinvestment Zone Number One,
City of LaPorte, Texas
c/o City Manager
604 West Fairmont Parkway
P.O. Box 1115
LaPorte, Texas 77572-1115
Attention: John Joerns
Harris County
Harris County
Harris County Administration Building
1001 Preston Avenue, Ninth Floor
Houston, Texas 77002
Attention: Director, Department of Management
Services
B. Index
The City, Harris County and the La Porte Zone hereby agree to the terms and conditions of
this Agreement. This Agreement consists of the following sections:
Section
Description
Page
I.
Parties
1
II.
Definitions
2
III.
Background
3
IV.
Obligations of Harris County
4
V.
Obligations of City and
La Porte Zone
6
VI.
Tenn and Tennination
7
VII.
Miscellaneous
8
C. Parts Incorporated
All of the above described sections and documents are hereby incorporated into this
Agreement by this reference for all purposes.
II. DEFINITIONS
As used in this Agreement, the following terms shall have the meanings set out below:
"Agreement" means this agreement between the City, Harris County and the La Porte Zone.
"Agreement Tenn" is defined in Section VI.
"Captured Appraised Value" means the captured appraised value of the La Porte Zone, as
defined by Chapter 311, Texas Tax Code.
"City" is defined in Section I of this Agreement and includes its successors and assigns.
"Harris County" is defined in Section I of this Agreement and includes Harris County and
its successors and assigns.
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"Harris County Tax Increment Participation" means the amount of the Harris County tax
contribution to the La Porte Zone pursuant to Section IV of this Agreement.
"LaPorte Zone" means Reinvestment Zone Number One, City of La Porte, Texas, created
by the City on May 24, 1999 by Ordinance No. 99-2325, and enlarged by Ordinance No. 99-2350,
and includes its successors and assigns.
"Project Plan" means the project plan and reinvestment zone financing plan for the La Porte
Zone adopted by the board of directors of the La Porte Zone and approved by the City Council of
the City on August 23, 1999 by City of La Porte Ordinance No.99-2352.
"Tax Increment Fund" means the tax increment fund created by the City in the City Treasury
for the La Porte Zone.
Otherwise, the tenns used herein have the meanings ascribed to them in Chapter 311, Texas
Tax Code.
III. BACKGROUND
On May 24, 1999, the City created the La Porte Zone by adoption of City of La Porte
Ordinance No. 99-2325, for the purposes of development and redevelopment in the La Porte Area.
On August 9, 1999, the City approved the enlargement of the La Porte Zone by adoption of City of
La Porte Ordinance No.99-2350. The Board of Directors of the La Porte Zone initially adopted a
project plan and reinvestment zone financing plan, which was approved by the City on August 23,
1999 by City of LaPorte Ordinance No.99-2352. The City has agreed to participate in the LaPorte
Zone by contributing tax increments produced in the La Porte Zone to the Tax Increment Fund.
Harris County now desires to enter into a formal agreement with the La Porte Zone in consideration
for the agreements set forth below.
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IV. OBLIGATIONS OF HARRIS COUNTY
A. Tax Increment Participation by Harris County
For and in consideration of the agreements of the parties set forth herein, and subject to the
remaining subsections of this section, the parties agree that Harris County's participation in the La
Porte Zone is a contribution, to the extent authorized by law, to the Tax Increment Fund during the
term of this Agreement of seventy-five percent (75%) of the tax increment attributed to the Captured
Appraised Value in the La Porte Zone attributable to Harris County for the period January 1, 2001
through December 31, 2029; and that the contributions of the Port of Houston Authority of Harris
County, Texas, the Harris County Flood Control District, the Harris County Hospital District, the
Harris County Department of Education, and any other taxing entity for whom Harris County
imposes taxes, either now or in the future, shall be zero percent (0%) of the tax increment attributed
to the Captured Appraised Value in the La Porte Zone attributable to the Port of Houston Authority
of Harris County, Texas, the Harris County Flood Control District, the Harris County Hospital
District, the Harris County Department of Education, and any other taxing entity for whom Harris
County imposes taxes, either now or in the future. Harris County's participation and use of funds
is limited to the projects described in Exhibit A to this Agreement. In addition, Harris Countv, at
its option, may choose to manage the construction of any project to which it will contribute. All
increments contributed by Harris County shall be restricted for use only on those projects and in the
amounts set out in Exhibit A, attached hereto and made a part hereof. In the event of bond financing,
Harris County's tax increments may be dedicated to bond repayment, however, in that event, a
portion of the bond proceeds equal to the total of all of Harris County's proposed participation set
out in Exhibit A, shall be restricted for use only on those projects and in the amounts set out in
Exhibit A.
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B. Tax Increment Limitation
Harris County is not obligated to pay its Harris County Tax Increment Participation from any
source other than taxes collected by Harris County on the Captured Appraised Value. Furthermore,
Harris County has no duty or obligation to pay the Harris County Tax Increment Participation from
any other Harris County taxes or revenues, or until the Harris County Tax Increment Participation
in the La Porte Zone is actually collected. Any portion of the taxes representing the Harris County
Tax Increment Participation that are paid to Harris County and subsequently refunded pursuant to
the provisions of the Texas Tax Code shall be offset against future payments to the Tax Increment
Fund. The obligation to pay the Harris County Tax Increment Participation accrues, as taxes
representing the Harris County Tax Increment Participation are collected by Harris County, and
payment shall be due as provided in section 311.013(c) of the Texas Tax Code. No interest or
penalty will be charged to Harris County for any late payment received from Harris County;
provided however, that penalty and interest received by Harris County on any delinquent taxes from
the Harris County Tax Increment Participation shall be paid to the Tax Increment Fund in the
amounts required by section 311.013(c) of the Texas Tax Code.
C. Expansion of La Porte Zone
The obligation of Harris County to participate in the La Porte Zone is limited to the area
described in City of La Porte Ordinance Nos. 99-2325 and 99-2350. Harris County's participation
does not extend to the tax increment on any additional property added to the La Porte Zone by the
City or any amendment to the Project Plan by the La Porte Zone and the City that would increase
the total amount of project costs unless Harris County specifically agrees to participate in the
additional area or amendment to the Project Plan. In addition, Harris County's participation does
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not extend to any dedication of revenue from the Tax Increment Fund by the La Porte Zone for
projects outside the La Porte Zone, unless Harris County agrees to participate in the dedication.
D. Board of Directors
Notwithstanding anything to the contrary in City of La Porte Ordinance No. 99-2325, which
created the La Porte Zone, pursuant to the provisions of Section 311.009(a), Texas Tax Code, Harris
County shall have the unequivocal right to appoint and thereafter at all times maintain one (1)
member on the La Porte Zone Board of Directors. Harris County may also appoint and maintain as
many non -voting ex officio members on the La Porte Zone Board of Directors as Harris County may
desire.
V. OBLIGATIONS OF CITY AND LA PORTE ZONE
A. Project Plan
Any member of the Harris County Commissioners Court may review and comment upon any
amendment to the Project Plan before any amendments thereto are submitted to the City Council for
City approval. The City agrees to provide Harris County with a copy of any proposed amendments
at least 14 days prior to their submission to the City Council for approval.
B. Disposition of Tax Increments
Upon termination of the La Porte Zone, and after all bonded indebtedness of the La Porte
Zone has been paid, the City and the La Porte Zone shall pay to Harris County, within sixty (60)
days of said termination, all monies remaining in the Tax Increment Fund that are attributable to the
Harris County Tax Increment Participation paid by Harris County into the Tax Increment Fund.
C. Audits
The City shall provide to Harris County a copy of each of the audits required by the
Agreement by and between the City of LaPorte, Texas, Reinvestment Zone Number One, City of
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La Porte, Texas and the La Porte Redevelopment Authority approved by City of La Porte Ordinance
.; 000 -
No. � , as it may be amended from time to time, within thirty (30) days of receipt of each audit.
In addition, the City shall provide to Harris County a copy of all reports, studies and analyses
prepared by the City, the Redevelopment Authority or others that concern the expenditure of Tax
Increment Funds of said Zone.
VI. TERM AND TERMINATION
A. Agreement Term
This Agreement becomes effective as of the date of the final signature hereto. The term of
this Agreement shall commence with the tax year beginning on January 1, 2001. This Agreement
shall terminate on the earlier of December 31, 2029, or when Harris County contributions are no
longer required to cover bond debt service, unless earlier tenninated by the parties hereto, or when
the increments contributed by all participating taxing entities total $46,444,762, or when the
increments contributed by Harris County total $10,054,000, whichever occurs first. In the event
bonds are issued, Harris County's participation may increase by I 1 % of the bond financing cost, not
to exceed $5,429,000. It is the intent of the parties that Harris County's participation in the La Porte
Zone, or any expansion thereof, is limited to the term stated herein. Nothing in this Agreement,
however, limits the authority of the Harris County Commissioners Court to extend the term of this
Agreement or increase the amount of the Harris County Tax Increment Participation in the La Porte
Zone, as set forth in Section IV of this Agreement. Upon termination of this Agreement, the
obligation of Harris County to contribute to the Tax Increment Fund for the La Porte Zone shall end.
However, the obligations of the City and the La Porte Zone to refund any overpayment by Harris
County shall survive such termination.
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B. Early Termination
The La Porte Zone may terminate pursuant to the provisions of Texas Tax Code Section
311.017.
VII. MISCELLANEOUS
A. Severability
In the event any term, covenant or condition herein contained is held to be invalid by any
court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition
herein contained.
In the event any term, covenant or condition shall be held invalid and affects in any manner
the limitations on Harris County's, or any other party's contributions or participation, then neither
Harris County nor any other party shall have any liability for any incremental or other payments as
may otherwise be provided for in this Agreement.
B. Entire Agreement
This Agreement merges the prior negotiations and understandings of the parties hereto and
embodies the entire agreement of the parties, and there are no other agreements, assurances,
conditions, covenants (express or implied) or other terms with respect to the covenants, whether
written or verbal, antecedent or contemporaneous, with the execution hereof.
C. Written Amendment
Unless otherwise provided herein, this Agreement may be amended only by written
instrument duly executed on behalf of each party.
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D. Notices
All notices required or permitted hereunder shall be in writing and shall be deemed delivered
when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal
Service post office or receptacle with proper postage affixed (certified mail, return receipt requested)
addressed to the respective other party at the address prescribed in Section I of this Agreement or
at such other address as the receiving party may have theretofore prescribed by notice to the sending
party.
E. Non -Waiver
Failure of any party hereto to insist on the strict performance of any of the agreements herein
or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall
not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict
compliance with any other obligation hereunder or to exercise any other right or remedy occurring
as a result of any future default or failure of perfonnance.
F. Assignment
No party shall assign this Agreement at law or otherwise without the prior written consent
of the other parties. No party shall delegate any portion of its performance under this Agreement
without the written consent of the other parties.
G. Successors
This Agreement shall bind and benefit the parties and their legal successors. This Agreement
does not create any personal liability on the part of any officer, agent or employee of the City, the
La Porte Zone or Harris County.
H. No Waiver of Immunity
No party hereto waives or relinquishes any immunity or defense on behalf of itself, officers,
employees, and agents as a result of its execution of this Agreement and performance of the
covenants contained herein.
IN WITNESS «'HEREOF, the City, Harris County and the La Porte Zone have made and
executed this Agreement in multiple copies, each of which is an original.
ATTEST/SEAL:
Martha A. Gillett
City Secretary
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
MICHAEL P. FLEMING
County Attorney
CITY OF LA PORTE
BY av) lj� _-2Norn an L. " afone
Mayor
Date Signed:
HARRIS COUNTY
BY Y
ICHOLAS J. LYKOS RT ECKELS
Assistant County Attorney County Judge
Date Signed: OCI 2 4 2000
IN
C
REINVESTMENT ZONE NUMBER ONE,
CITY OF LA PORTE, TEXAS (La Porte Zone)
By
Alton Porter, Chairman, Board of Directors
Date Signed: L�— ZC, &95
ATTEST/SEAL:
By: '
-` Date
Title: Peggy Antone, Secretary, Board of Directors
[The remainder of this page is intentionally left blank.]
C:\DOCUMENTS AND SETTINGS\SCOTTC\LOCAL SETTINGS\TEMPORARY INTERNFiTI LES\OLMLAPORTE INTERLOCAL DRAFT 42.DOC
EXHIBIT A
Project Description Projected County
Cost Participation
Powell Road $ 3,000,000 $1,000,000
4 lane concrete roadway with curb and gutter and center median
Length of roadway: 7,700 linear feet
Lime stabilization: 41,100 sq. yds.
Concrete paving: 10" thick; 4 1, 100 sq. yds.
Storm sewer: 3,850 linear feet
Curb and gutter: 30,800 linear feet
Powell Road South $ 1,170,000 390,000
2 lane concrete roadway with curb and gutter
Length of roadway: 2,200 linear feet
Lime stabilization: 8,800 sq. yds.
Concrete paving: 10" thick; 8,800 sq. yds.
Storm sewer: 1,100 linear feet
Curb and gutter: 4,400 linear feet
McCabe Road (east of SH146) $ 2,200,000 733,000
4 lane concrete roadway with curb and gutter
Length of roadway: 4,300 linear feet
Lime stabilization: 22,900 sq. yds.
Concrete paving: 10" thick; 22,900 sq. yds.
Storm sewer: 2,150 linear feet
Curb and gutter: 8,600 linear feet
McCabe Road (west of SH146) $ 605,000 202,000
2 lane concrete roadway with curb and gutter
Length of roadway: 1,200 linear feet
Lime stabilization: 4,800 sq. yds.
Concrete paving: 10" thick; 4,800 sq. yds.
Storm sewer: 600 linear feet
Curb and gutter: 2,400 linear feet
San Jacinto Street from Main to Park $ 2,400,000 800,000
4 lane concrete roadway with curb and gutter
Length of roadway: 4,700 linear feet
Lime stabilization: 25,600 sq. yds.
Concrete paving: 10" thick; 25,600 sq. yds.
Storm sewer: 2,350 linear feet
Curb and gutter: 9,400 linear feet
Park Street from San Jacinto to Garfield $ 1,700,000 567,000
2 lane concrete roadway with curb and gutter
Length of roadway: 3,400 linear feet
Lime stabilization: 13,600 sq. yds.
Concrete paving: 7" thick; 13,600 sq. yds
Storm sewer: 1,700 linear feet
Curb and gutter: 6,800 linear feet
Bayshore Drive $ 1,700,000 567,000
2 lane concrete roadway with curb and gutter
Length of roadway: 3,600 linear feet
Lime stabilization: 13,600 sq. yds.
Concrete paving: 7" thick; 13,600 sq. yds.
Storm sewer: 1,700 linear feet
Curb and gutter: 6,800 linear feet
Sens Road (26`h Street) from Spencer Hwy. To Avenue D $ 1,010,000 337,000
5 lane concrete roadway with curb and gutter
Length of roadway: 2,000 linear feet
Lime stabilization: 13,350 sq. yds.
Concrete paving: 10" thick; 13,350 sq. yds.
Storm sewer: 1,000 linear feet
Curb and gutter: 4,000 linear feet
Broadway Street from McCabe Road to Main Street
$ 1,960,250 653,000
4 lane concrete roadway with curb and gutter and center median
Length of roadway: 8,000 linear feet
Lime stabilization: 42,700 sq. yds.
Concrete paving: 10" thick; 42, 700 sq. yds.
Storm sewer: 4,000 linear feet
Curb and gutter: 32,000 linear feet
Note: the cost estimate for Broadway only reflects contributions from
the TIRZ. Other agencies are anticipated to participate in this project.
Fairmont Parkway Overpass
$ 4,250,000 1,417,000
Construction of a grade separation (overpass) of Fairmont Parkway
over Union Pacific Railroad right-of-way. Project contributions from
other agencies are anticipated.
Sylvan Beach Shoreline Protection
$ 1,750,000 583,000
Sylvan Beach Park has approximately 2,500 linear feet of shoreline.
Much of this shoreline is either unprotected or has an aged and failing
bulkhead. This project would provide new shoreline protection.
Sylvan Beach Park Entrance Improvements
$ 500,000 167,000
Improvements to roadway entrance to Sylvan Beach Park, landscaping,
marquee and signage, etc.
Sylvan Beach Park Facility Improvements
$ 750,000 250,000
Various improvements to Sylvan Beach Park. Proposed projects include
parking lot improvements, traffic circulation improvements, pedestrian walkways,
marina, boat launch improvements, gazebos, etc.
Buffer Walls
$1,695,000 565,000
Buffer walls along SH146, Weems Boulevard and Mc Cabe Road to isolate
anticipated residential areas from these high traffic corridors.
Sidewalks
$ 975,000 325,000
Sidewalks for pedestrian movements are proposed along major roadways in
residential and business/commercial areas.
Drainage Projects $ 4,095,000 1,365,000
Extension of Harris County Flood Control District facilities and
acquisition/construction of detention basin(s) necessary to provide efficient
drainage and flood protection for increased stormwater runoff due to development
within the TIRZ.
Zone Administration (over 30 year life of Zone) $ 324,000 108,000
Zone Creation Costs $ 75,000 25,000
Total Without Bond Financing $ 30,159,250 10,054,000
Bond Financing Costs (Contingent upon issuance of Bonds) $ 16,285,512 5,429,000
Total With Bond Financing $ 46,444,762 15,483,000
•
THE STATE OF TEXAS §
COUNTY OF HARRIS §
The Commissioners Court of Harris County, convened at a meeting of said Court
at the H s County Administration Building in the City of Houston, Texas, on the
day of OCT 2 4 200(P-000, with the following members present, to -wit:
Robert Eckels
County Judge
El Franco Lee
Commissioner, Precinct No. 1
James Fonteno
Commissioner, Precinct No. 2
Steve Radack
Commissioner, Precinct No. 3
Jerry Eversole
Commissioner, Precinct No. 4
and the following members absent, to -wit: , constituting a
quorum, when among other business, the following was transacted:
ORDER APPROVING TAX INCREMENT CONTRIBUTION TO REINVESTMENT
ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS
Commissioner introduced an order and made a motion that
the same be adopted. Commissioner seconded the motion for
adoption of the order. The motion, carrying with it the adoption of the order, prevailed
by the following vote:
Vote of the court:
AYES: AYES: 4 (commissioners Lee, Fonteno, Radack, and Eversoltl
NAYS: NOES: 0
ABSTENTIONS: ABSTENTIONS: 1 (Judge Eckels)
The County Judge thereupon announced that the motion had duly and lawfully
carried and that the order had been duly and lawfully adopted. The order thus adopted
follows:
RECITALS:
On or about May 18, 1999, the City of La Porte, Texas, pursuant to TEX. TAX CODE ANN.
§ 311.003(f), made a formal presentation to the Commissioners Court of Harris County
concerning the proposed creation of a tax increment zone located in the City of La Porte,
Texas; and
On or about May 24, 1999, the City Council of the City of La Porte, Texas, pursuant to
chapter 311 of the Texas Tax Code, adopted Ordinance No. 99-2325 designating a certain
area as Reinvestment Zone Number One, City of La Porte, Texas and describing the
boundaries of said Zone; and
Presented to Commissioners' Court
OCT 2 4 2000
APPROVE
Recorded Vol Page__,
On or about August 9, 1999, the City Council of the City of La Porte, Texas, pursuant to
chapter 311 of the Texas Tax Code, adopted Ordinance No. 99-2350 enlarging the
boundaries of Reinvestment Zone Number One, City of La Porte, Texas; and
On or about August 9, 1999, the City Council of the City of La Porte, Texas adopted
Ordinance No. 99-2352 approving a project plan and reinvestment zone financing plan
for Reinvestment Zone Number One, City of La Porte, Texas; and
The Commissioners Court of Harris County, pursuant to TEx. TAX CODE ANN. §
311.013, makes the determination on behalf of Harris County only and not on behalf of
any other political subdivision within Harris County, to pay to the Tax Increment Fund,
to the extent authorized by law, seventy-five percent (75%) of the tax increment
attributed to the taxes collected by Harris County on the Captured Appraised Value in
Reinvestment Zone Number One, City of La Porte, Texas, for the tax years commencing
on January 1, 2001 and terminating on December 31, 2029; and
The Commissioners Court of Harris County desires to approve the County's entering into
an interlocal agreement with the City of La Porte, Texas and Reinvestment Zone Number
One, City of La Porte, Texas based on the aforesaid representations. NOW,
THEREFORE,
BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY,
TEXAS THAT:
Section 1: The recitals set forth in this order are true and correct.
Section 2: The Interlocal Agreement is approved and the County Judge of Harris
County or his designee is authorized to execute the Interlocal Agreement with the City of
La Porte, Texas and Reinvestment Zone Number One, City of La Porte, Texas for the
thirty-year period commencing on January 1, 2001 and terminating on December 31,
2029. The Agreement is attached hereto and made a part hereof for all purposes.
Section 3: The Clerk of Commissioners Court shall transmit a copy of this Order to
the Harris County Appraisal District, the Assessor and Collector of Taxes for Harris
County, the Mayor and City Council of the City of LaPorte, Texas and the Board of
Directors of Reinvestment Zone Number One, City of LaPorte, Texas.
2
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: D r 11 2000
Requested By: John Joerns W�� —
"M —
Department: Administration
Report: Resolution: X Or inance: X
Exhibits:
1. Ordinance No. 000' M57
2. Application to the Mayor and City Council of the
City of La Porte, Texas, for Creation of the La
Porte Redevelopment Authority, and Approval of
Articles of Incorporation and Bylaws Thereof
Exhibit A — Articles of Incorporation of La
Porte Redevelopment Authority
Exhibit B — Bylaws of the La Porte
Redevelopment Authorit
3. Resolution No. "
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: _YES _NO
Note:
The following documents were previously circulated to City Council, the TIRZ Board, the city attorney, and
appropriate staff
❖ Application to the Mayor and City Council of the City of La Porte, Texas, for Creation of the La Porte
Redevelopment Authority, and Approval of Articles of Incorporation and Bylaws Thereof.
❖ Articles of Incorporation of the La Porte Redevelopment Authority
❖ Bylaws of the La Porte Redevelopment Authority
SUMMARY & RECOMMENDATION
The TIRZ Project Plan anticipates creating a Redevelopment Authority for the purpose of aiding, assisting, and
acting on behalf of the City and TIRZ Board in certain areas. The creation of a Redevelopment Authority provides
access to broader powers (granted by the State) than those granted to a TIRZ Board. It is anticipated that the
Redevelopment Authority (with Council's approval) will be active in the following areas:
❖ in the implementation of the Project Plan and Financing Plan for the La Porte Reinvestment Zone and the
preparation and implementation of amendments thereto.
❖ in the development of a policy to finance development and redevelopment of residential, educational
facilities, commercial, and park/open space properties in the La Porte area; and
❖ in the development and implementation of a redevelopment policy for the La Porte area, including the
acquisition of land for redevelopment purposes.
❖ issue bonds, notes or other obligations.
❖ acquisition of land.
❖ negotiate and enter development agreements.
The documents being considered this evening were presented to and reviewed by the TIRZ Board at their
November 29 meeting. After review, the TIRZ Board unanimously recommended Council create the
Redevelopment Authority. It has been Council's intent that the TIRZ Boardmembers also serve on the
Redevelopment Authority. Therefore, the Articles of Incorporation have been drafted with the TIRZ Board serving
as the initial Directors of the Redevelopment Authority.
The creation of the Redevelopment Authority requires (at least) 3 applicants for the creation of the authority and (at
least) 3 incorporators for the Articles of Incorporation of the La Porte Redevelopment Authority. These persons
must be a citizen of the State of Texas, a resident of the City, and over the age of eighteen years.
At the TIRZ meeting on November 29, Peggy Antone, Norman S. Cook, and Lindsay Pfeiffer agreed to serve as
applicants for the Redevelopment Authority. Also at the November 29 TIRZ meeting, Lindsay R. Pfeiffer, Norman
S. Cook, Chester Pool, and Horace Leopard agreed to act as incorporators for the Articles of Incorporation of the La
Porte Redevelopment Authority.
Staff and the TIRZ Board recommends City Council approve the application for creation of a Redevelopment
Authority and further recommends the form of the following documents:
❖ Application to the Mayor and City Council of the City of LaPorte, Texas, for Creation of the La Porte
Redevelopment Authority, and Approval of Articles of Incorporation and Bylaws Thereof.
❖ Articles of Incorporation of the La Porte Redevelopment Authority
❖ Bylaws of the La Porte Redevelopment Authority
Action Required by Council:
Consider approval of Ordinance No. I n00-9q S 7 approving the Application for Creation of the La Porte
Redevelopment Authority and authorizing filing the Articles of Incorporation. The following agenda item
requests Council consider approval of Resolution No. DUD-- 19 approving the Articles of
Incorporation and Bylaws of the La Porte Redevelopment Authority.
Approved for City Council Agenda
44�o— --
ert T. rera, City M nager
,? 0 710
Date
ORDINANCE NO. 2000-.)qS%
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE APPROVING
THE APPLICATION TO THE MAYOR AND CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS, FOR CREATION OF THE LA PORTE REDEVELOPMENT AUTHORITY;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
approves the Application to the Mayor and City Council of the City
of La Porte, Texas, for creation of the La Porte Redevelopment
Authority, and authorizes the filing of Articles of Incorporation
creating said La Porte Redevelopment Authority.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this llth day of December, 2000.
CITY OF LA PO7&"6)
By: �
Norman L . Mal 7io , Mayor
0
ATTEST:
--4111ficl�tfL 0A �,�kiJf
Martha'A. Gillett
City Secretary
APPROVED:
Knox W. Askins
City Attorney
APPLICATION TO THE MAYOR AND CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS, FOR CREATION OF THE LA PORTE REDEVELOPMENT
AUTHORITY, AND APPROVAL OF ARTICLES OF INCORPORATION AND
BYLAWS THEREOF
Section 7 of Chapter 1241, Acts of the 71St Legislature of Texas. Regular Session.
1989 (now codified as Subchapter D of Chapter 431, Texas Transportation Code),
authorizes the creation and organization of public non-profit local government
corporations to act as a duly constituted authority of a city to aid and assist the city in the
performance of one or more governmental or proprietary functions.
A local government corporation is created pursuant to the provisions of Chapter
394, Vernon's Texas Codes Annotated, Local Government Code (the "Local Government
Code"). A local government corporation may have and exercise all of the powers
prescribed by Article 1396, Vernon's Texas Civil Statutes and Chapter 431, Texas
Transportation Code. A local government corporation's articles of incorporation and
bylaws shall be in the form and be executed, approved, and filed in the manner prescribed
by Chapter 394, Local Government Code.
Chapter 394 of the Local Government Code requires as a condition to the creation
of a local government corporation that at lease three (3) residents of the city who are
citizens of the state and at least eighteen (18) years of age, submit a written application
for the incorporation of the local government corporation.
NOW, THEREFORE, the undersigned petition and make application to the
honorable Mayor and City Council of the City of La Porte, Texas, (the "City") and
represent to the City as follows:
1. Pursuant to and in accordance with Chapter 394, Local Government Code,
the undersigned individuals, each of whom is a citizen of the State of
Texas, a resident of the City and over the age of eighteen (18) years, make
application to and request the Honorable Mayor and City Council of the
City, to approve and authorize the creation of a public non-profit local
government corporation to be designated and known as the La Porte
Redevelopment Authority (the "Corporation"). The corporation shall have
and exercise all of the powers prescribed by Article 1396, Vernon's Texas
Civil Statutes and Chapter 431, Texas Transportation Code.
2. The undersigned further request the City Council of the City to approve
the incorporation of the Corporation with Articles of Incorporation and
Bylaws in substantially the form attached hereto as Exhibits "A" and "B"
respectively.
3. The undersigned further represent that duly executed original counterparts
of this application have been presented to and filed with the City Council
of the City in proper and due time, form, and manner, that this Application
•
0
constitutes a proper and sufficient application to the City Council of the
City for approval and authorization of the creation of a public non-profit
local government corporation as required by Chapter 394, Local
Government Code, and that the City Council of the City may properly
consider and act upon this Application.
WHEREFORE, the undersigned respectfully request the Honorable Mayor
and City Council of the City to approve this Application in all respects and to
grant the relief requested and to take such further and additional actions and
proceedings as may be deemed necessary and proper in connection therewith.
Submitted this Jag. day of&.Mje_V',2000.
Peggy, "one �—
Norman S. Cook
C.�
Lindsay R. Pfeiffer
THE STATE OF TEXAS
COUNTY OF HARRIS
B FORE ME, the undersigned authority, on this day personally appeared
n , known to me to be the person whose name is subscribed
to regoing instrument and acknowledged to me that she executed the same for the
purposes and consideration therein expressed.
6 G VEN UNDER MY HAND AND SEAL OF OFFICE, this the o q day of
2000.
axk'-i /? -
Not Public in and for
The State of Texas
;ttY"Y roc, CRYSTAL N. SCOTT
* '" MY COMMISSION EXPIRES
F; August 2, 2004
(S
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE Mthe undersigned authority, on this day personally appeared
NO,rr`y n S . ` v v �, , known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the_Z, day of
MI ,— , 2000.
Notary Public in and for
The State of Texas
CRYSTAL N. SCOTT
* te. MY COMMISSION EXPIRES
August 2004
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE Mthe dersigned authority, on this day personally appeared
K r E known to me to be the person whose name is subscribed
to the fo&4oing instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed.
n"p GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the o? q day of
IVor� ►�be2 .2000.
Notary Public in and for
The State of Texas
,•�"'"_; CRYSTAL N. SCOTT
*' *= MY COMMISSION EXPIRES
S fi August 2, 200a
3
• •
EXHIBIT A
ARTICLES OF INCORPORATION
OF
THE LA PORTE REDEVELOPMENT AUTHORITY
We, the undersigned natural persons, each of whom is at least eighteen (18) years of age or
more, and a resident and a qualified voter of the City of La Porte, Texas (the "City") and a citizen of
the State of Texas, acting as incorporators of a corporation under the provisions of Subchapter D of
Chapter 431, Texas Transportation Code (the "Act"), and Chapter 394, Vernon's Texas Codes
Annotated, Texas Local Government Code (the "Local Government Code"), do hereby adopt the
following Articles of Incorporation for such corporation:
ARTICLE I
The name of the corporation is LA PORTE REDEVELOPMENT AUTHORITY (the
"Authority").
ARTICLE II
The Authority is a public non-profit corporation.
ARTICLE III
The period of duration of the Authority shall be perpetual.
ARTICLE IV
The Authority is organized for the purpose of aiding, assisting, and acting on behalf of the
City in the performance of its governmental functions to promote the common good and general
welfare of the area included in Reinvestment Zone Number One, City of La Porte, Texas (the "La
Porte Reinvestment Zone") and neighboring areas, as more particularly described in City Ordinance
No. 99-232.5 and Ordinance No. 99-235-Q, and as the boundaries may be amended from time to time
(the " Area"); to promote, develop, encourage and maintain housing, educational facilities,
employment, commerce and economic development in the City.
The Authority is further organized to aid, assist and act on behalf of the City and the Board
of Directors of the La Porte Reinvestment Zone:
(a) in the implementation of the Project Plan and a Financing Plan for the La Porte
Reinvestment Zone and the preparation and implementation of amendments thereto;
(b) in the development of a policy to finance development and redevelopment of residential,
educational facilities, commercial, and park/open space properties in the La Porte area; and
(c) in the developmen*d implementation of a redevelopmepolicy for the La Porte
area, including the acquisition of land for redevelopment purposes.
The Authority is formed pursuant to the provisions of the Act as it now or may hereafter be
amended, and Chapter 394, Texas Local Government Code, which authorizes the Authority to
assist and act on behalf of the City and to engage in activities in the furtherance of the purposes for
its creation, provided that the Authority shall not be authorized to make or acquire home mortgages,
or to make loans to lending institutions, the proceeds of which are to be used to make home
mortgages or to make loans on residential developments.
The Authority shall have and exercise all of the rights, powers, privileges, authority, and
functions given by the general laws of Texas to non-profit corporations incorporated under the Act
including, without limitation, Article 1396, Vernon's Texas Civil Statutes.
The Authority shall have all other powers of a like or different nature not prohibited by law
which are available to non-profit corporations in Texas and which are necessary or useful to enable
the Authority to perform the purposes for which it is created, including the power to issue bonds,
notes or other obligations, and otherwise exercise its borrowing power to accomplish the purposes
for which it was created, provided that the Authority shall not issue bonds without the consent of
the City Council of the City.
The Authority is created as a local government corporation pursuant to the Act and shall be
a governmental unit within the meaning of Subdivision (2), Section 101.001, Texas Civil Practice
and Remedies Code. The operations of the Authority are governmental and not proprietary
functions for purposes of the Texas Tort Claims Act, Section 101.001 et seq., Texas Civil Practice
and Remedies Code. The Authority shall have the power to acquire land in accordance with the
Act as amended from time to time.
ARTICLE V
The Authority shall have no members and shall have no stock.
ARTICLE VI
All powers of the Authority shall be vested in a Board composed of the same persons as
those appointed to the Board of Directors of the La Porte Reinvestment Zone. An appointment of a
director to the La Porte Reinvestment Zone shall constitute an appointment to serve as Director of
the Authority. The Authority in accordance with the provisions of the Bylaws may add additional
persons to the Board. The Board shall initially consist of nine (9) directors, and the initial directors
of the Authority ("Director" or "Directors") shall be those persons named in Article VIII. Each
initial Director named in Article VIII hereof shall serve for the term prescribed in the Bylaws.
Subsequent Directors shall be appointed by position to the Board as prescribed in the Bylaws.
Except as provided in the Articles of Incorporation, each Director shall serve for the term provided
in the Bylaws. Any Director may be removed from office at any time, with or without cause, by the
City Council.
The initial Chairperson shall be Alton Porter, and the Mayor of the City shall designate each
subsequent Chairperson of the Board.
2
The following personsir their designee, shall serve as an ex-00io, non -voting members
of the Board.
(1) City Manager;
(2) Assistant City Manager
(3) Director of Finance; and
(4) City Attorney;
In addition, the Board of Directors of the Authority may designate one or more
representatives of the La Porte Independent School District, Harris County or other political
subdivisions as ex officio, non -voting members of the Board of Directors.
All other matters pertaining to the internal affairs of the Authority shall be governed by the
Bylaws of the Authority, so long as such Bylaws are not inconsistent with these Articles of
Incorporation, or the laws of the State of Texas.
ARTICLE VII
The street address of the initial registered office of the Authority is 604 W. Fairmont
Parkway, La Porte, Texas, 77572, and the name of its initial registered agent at such address is John
Joerns.
ARTICLE VIII
The number of Directors initially constituting the Board is nine (9). The names, addresses,
and positions of the nine (9) initial Directors, each of who resides within the City are as follows:
Name and Address
Peggy Antone Position One
P.O. Box 1115
LaPorte, Texas 77572-1115
Deotis Gay Position Two
P.O. Box 1115
LaPorte, Texas 77572-1115
Alton Porter, Chairman Position Three
P.O. Box 1115
LaPorte, Texas 77572-1115
Horace Leopard Position Four
P.O. Box 1115
LaPorte, Texas 77572-1115
Norman S. Cook Position Five
P.O. Box 1115
LaPorte, Texas 77572-1115
3
0 0
Lindsay R. Pfeiffer Position Six
P.O. Box 1115
LaPorte, Texas 77572-1115
David Webb Position Seven
P.O. Box 1115
LaPorte, Texas 77572-1115
Chester Pool Position Eight
P.O. Box 1115
LaPorte, Texas 77572-1115
John Black Position Nine
P.O. Box 1115
LaPorte, Texas 77572-1115
ARTICLE IX
The names and street addresses of the incorporators, each of whom resides within the City
are as follows:
Lindsay R. Pfeiffer
P.O. Box 1115
LaPorte, Texas 77572-1115
Norman S. Cook
P.O. Box 1115
LaPorte, Texas 77571
Chester Pool
P.O. Box 1115
LaPorte, Texas 77572-1115
Horace Leopard
P.O. Box 1115
LaPorte, Texas 77572-1115
ARTICLE X
Resolution No. '10 (1 L - ) 91 approving the form of these Articles of Incorporation has
been adopted by the City Council of the City on t) rC r iY 6- i- 11 , 2000.
2
• ARTICLE XI 0
No Director shall be liable to the Authority for monetary damages for an act or omission in
the Director's capacity as a Director, except for liability (i) for any breach of the Director's duty of
loyalty to the Authority, (ii) for acts or omissions not in good faith or which involve intentional
misconduct or a knowing violation of law, (iii) for any transaction from which the Director received
an improper benefit, whether or not the benefit resulted from an act taken within the scope of the
Director's office, or (iv) for acts or omissions for which the liability of a Director is expressly
provided by statute. Any repeal or amendment of this Article by the Directors shall be prospective
only, and shall not adversely affect any limitation on the personal liability of a Director existing at
the time of such repeal or amendment. In addition to the circumstances in which a Director is not
personally liable as set forth in the preceding sentences, a Director shall not be liable to the fullest
extent permitted by any amendment to the Texas statutes hereafter enacted that further limits the
liability of a Director.
ARTICLE XII
In accordance with the provisions of Section 501(c)(3) of the U.S. Internal Revenue Code of
1986, as amended (the "Code"), and regardless of any other provisions of these Articles of
Incorporation or the laws of the State of Texas, the Authority: (a) shall not permit any part of the
net earnings of the Authority to inure to the benefit of any private individual (except that reasonable
compensation may be paid for personal services rendered to or for the Authority in effecting one or
more of its purposes); (b) shall not devote more than an insubstantial part of its activities to
attempting to influence legislation by lobbying -or otherwise; (c) shall not participate in, or intervene
in (including the publication or distribution of statements), any political campaign on behalf of any
candidate for public office; and (d) shall not attempt to influence the outcome of any election for
public office or to carry on, directly or indirectly, any voter registration drives. Any income earned
by the Authority after payment of reasonable expenses, debt and establishing a reserve shall accrue
to the City.
The City shall, at all times, have an unrestricted right to receive any income earned by the
Authority, exclusive of amounts needed to cover reasonable expenditures and reasonable reserves
for future activities. Unless otherwise directed by the City, any income of the Authority received by
the City shall be deposited into the Reinvestment Zone Number One, City of LaPorte, Texas, Tax
Increment Fund, or its successor. No part of the Authority's income shall inure to the benefit of any
private interests.
If the Board of Directors determines by resolution that the purposes for which the Authority
was formed have been substantially met and all bonds issued by and all obligations incurred by the
Authority have been fully paid, the Board shall execute a certificate of dissolution which states
those facts and declares the Authority dissolved in accordance with the requirements of Sec-
tion 394.026 of Vernon's Texas Codes Annotated, Local Government Code, or with applicable law
then in existence. In the event of dissolution or liquidation of the Authority, all assets will be
turned over to the Finance and Administration Department of the City, or its successor, for deposit
into the Reinvestment Zone Number One, City of La Porte, Texas, Tax Increment Fund unless the
City Council shall otherwise direct.
Any capital project(s) of the Authority as well as all plans and specifications of any
improvement to be made by the Authority shall be approved by the Director of the Department of
Public Works and Planning of the City.
F7
•
ARTICLE XIII
If the Authority is a private foundation within the meaning of Section 509(a) of the Code,
the Authority: (a) shall distribute its income for each taxable year at such time and in such manner
as not to become subject to the tax on undistributed income imposed by Section 4942 of the Code;
(b) shall not engage in any act of self -dealing as defined in Section 4941(d) of the Code; (c) shall
not retain any excess business holdings as defined in Section 4943(c) of the Code; (d) shall not
make any investments in such manner as to subject it to tax under Section 4944 of the Code; and (e)
shall not make any taxable expenditures as defined in Section 4945(d) of the Code.
ARTICLE XIV
The City Council may at any time consider and approve an ordinance directing the Board to
proceed with the dissolution of the Authority, at which time the Board shall proceed with the
dissolution of the Authority in accordance with applicable state law. The failure of the Board to
proceed with the dissolution of the Authority in accordance with this Section shall be deemed a
cause for the removal from office of any or all of the Directors as permitted by Article VI of these
Articles of Incorporation.
ARTICLE XV
These Articles may not be changed or amended unless approved by the City Council of the
City.
� IN WITNESS WHEREOF, we have hereunto set our hands this day of
1� tJy.P-ml2�—, 2000.
Lindsay . P er Incorporator
n
THE STATE OF TEXAS
COUNTY OF HARRIS '
BEFORE ME, the undersigned authority, on this day personally appeared /i ►�' Pi+�{-�e�
known to me to be the person whose name is subscribed to the foregoing instrumd
acknowledged to me that she executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND
inn v- .2000.
CRYSTALN.SCOTT
MY COMMISSION EXPIRES
August 2, 2004
THE STATE OF TEXAS
COUNTY OF HARRIS
SEAL OF OFFICE, this the °9q day of
• 1061-
Notary f ublic in and for
The State of Texas
BEFORE ME, the undersigned authority, on this day personally appeared N (mu,n S , opk
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the A day of
2000.
CRYSTAL N. SCOTT
MY COMMISSION EXPIRES
August 2, 2004
THE STATE OF TEXAS
COUNTY OF HARRIS
( j�
"C. - --
Not ublic in and for
The State of Texas
BEFORE ME, the undersigned authority, on this day personally appeared Ae4e- ✓ J;a I
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
VEN UNDER MY HAND AND SEAL OF OFFICE, this the a t day of
�MOUTUL 52000.
AT
CRYSTAL N. SCOTT
"- MY COMMISSION EXPIRES
August 2, 2004
No Public in and for The State of Texas
7
i
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared 2 ��vord
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
NEN UNDER MY HAND AND SEAL OF OFFICE, this the a day of
2000.
(S No Public in and for The State of Texas
CRYSTAL N. SCOTT
`•: *= MY COMMISSION EXPIRES
August 2, 2004
E:3
0
Exhibit B
BYLAWS
OF THE
LA PORTE REDEVELOPMENT AUTHORITY
A Texas Local Government Corporation
(Created on behalf of the City of La Porte)
Date of Adoption: 01 CC C 1116(-, ( I I , 2000
TABLE OF CONTENTS
ARTICLEI PURPOSES...........................................................................................................................1
ARTICLE11 BOARD OF DIRECTORS.....................................................................................................2
Section 1. Appointment, Classes, Powers, Number, and Term of Office ............................. 2
Section 2. Meetings of Directors......................................................................................... 3
Section3. Annual Meetings................................................................................................ 3
Section4. Regular Meetings............................................................................................... 3
Section 5. Special and Emergency Meetings....................................................................... 3
Section6. Quorum..............................................................................................................4
Section 7. Conduct of Business.......................................................................................... 4
Section 8. Executive Committee, Other Committees........................................................... 4
Section 9. Compensation of Directors................................................................................. 5
Section 10. Director's Reliance on Consultant Information..................................................... 5
ARTICLE III OFFICERS....................................................................
Section 1.
Titles and Term of Office .............................
Section 2.
Powers and Duties of the Chairperson ........
Section 3.
Powers and Duties of the Vice Chairperson.
Section 4.
Powers and Duties of the President .............
Section 5.
Vice Presidents ...........................................
Section 6.
Treasurer ....................................................
Section 7.
Secretary ....................................................
Section 8.
Compensation .............................................
Section 9.
Officer's Reliance on Consultant Information
ARTICLE IV MISCELLANEOUS PROVISIONS ........
Section 1.
Fiscal Year and Audits ........
Section 2.
Seal ....................................
Section 3.
Notice and Waiver of Notice
Section 4.
Resignations .......................
Section 5.
Gender ................................
Section 6.
Appropriations and Grants..
5
5
5
6
6
6
6
6
7
7
............................................................ 7
............................................................ 7
............................................................ 8
............................................................ 8
............................................................ 8
............................................................ 8
............................................................ 8
ARTICLE V INDEMNIFICATION OF DIRECTORS AND OFFICERS.......................................................8
Section 1.
Right to Indemnification......................................................................................
8
Section2.
Advance Payment..............................................................................................9
Section 3.
Indemnification of Employees and Agents..........................................................
9
Section 4.
Appearance as a Witness...................................................................................
9
Section 5.
Non -exclusivity of Rights..................................................................................10
Section6.
Insurance.........................................................................................................10
Section7.
Notification.......................................................................................................10
Section8.
Savings Clause......................................................................•.........................10
ARTICLE VI PROVISIONS RELATING TO MINORITY CONTRACTING...............................................10
ARTICLEVII CODE OF ETHICS...........................................................................................................11
Section 1.
Policy and Purposes............................................................................11
Section 2.
Conflicts of Interest..............................................................................11
Section 3.
Acceptance of Gifts.............................................................................12
Section4.
Bribery .................................................................................................12
Section5.
Nepotism.............................................................................................13
ARTICLEVIII AMENDMENTS...............................................................................................................13
•
ARTICLE I
PURPOSES
The La Porte Redevelopment Authority (the "Authority") is organized for the purpose
of aiding, assisting, and acting on behalf of the City of La Porte, Texas (the "City") in the
performance of its governmental functions to promote the common good and general
welfare of the area included in Reinvestment Zone Number One, City of La Porte, Texas
(the "La Porte Reinvestment Zone") and neighboring areas in La Porte (the " La Porte
Area"); to promote, develop, encourage and maintain housing, educational facilities,
employment, commerce and economic development in the City.
The Authority is further organized to aid, assist and act on behalf of the City and the
Board of Directors of the La Porte Reinvestment Zone:
(a) in the implementation of the Project Plan and a Financing Plan for the La
Porte Reinvestment Zone and the preparation and implementation of amendments thereto;
(b) in the development of a policy to finance development and redevelopment of
residential, public and commercial properties in the La Porte Area; and
(c) in the development and implementation of a redevelopment policy for the La
Porte Area, including the acquisition of land for redevelopment purposes.
The Authority is formed pursuant to the provisions of the Act as it now or may
hereafter be amended, and Chapter 394, Local Government Code, which authorizes the
Authority to assist and act on behalf of the City and to engage in activities in the furtherance
of the purposes for its creation, provided that the Authority shall not be authorized to make
or acquire home mortgages, or to make loans to lending institutions, the proceeds of which
are to be used to make home mortgages or to make loans on residential developments.
The Authority shall have and exercise all of the rights, powers, privileges, authority,
and functions given by the general laws of Texas to non-profit corporations incorporated
under the Act including, without limitation, Article 1396, Vernon's Texas Civil Statutes.
The Authority shall have all other powers of a like or different nature not prohibited
by law which are available to non-profit corporations in Texas and which are necessary or
useful to enable the Authority to perform the purposes for which it is created, including the
power to issue bonds, notes or other obligations, and otherwise exercise its borrowing
power to accomplish the purposes for which it was created, provided that the Authority shall
not issue bonds without the consent of the City Council of the City.
The Authority is created as a local government corporation pursuant to the Act and
shall be a governmental unit within the meaning of Subdivision (2), Section 101.001, Texas
Civil Practice and Remedies Code. The operations of the Authority are governmental and
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not proprietary functions for purposes of the Texas Tort Claims Act, Section 101.001 et
seq., Texas Civil Practice and Remedies Code. The Authority shall have the power to
acquire land in accordance with the Act as amended from time to time.
ARTICLE II
BOARD OF DIRECTORS
Section 1. Appointment, Classes, Powers, Number, and Term of Office. All
powers of the Authority shall be vested in the Board of Directors (the 'Board"). The Board
shall initially consist of nine (9) persons. The Directors of the Board shall be increased to
the number of directors on the board of the La Porte Reinvestment Zone in the event such
board is increased to more than nine (9) directors. Directors of the Authority shall be
appointed by position to the Board by the Mayor of the City with the consent and approval
of City Council and shall be the same persons appointed to the corresponding position of
the board of the La Porte Reinvestment Zone. Appointment of a person to the
corresponding position of the board of the La Porte Reinvestment Zone shall constitute
appointment of such person to the corresponding position of the Board by the City. Each
taxing unit that appoints a directors to the La Porte Reinvestment Zone shall be assigned a
position number on the Board corresponding to the position number of that taxing unit
appointee on the board of the La Porte Reinvestment Zone. Appointment of a person to
the corresponding position of the board of the La Porte Reinvestment Zone by any taxing
unit shall constitute nomination of such person to the corresponding position of the Board
by such taxing unit. The Mayor of the City shall always appoint the Chairman of the Board.
Each Director shall serve for a term which expires on the date set forth below for the
position to which such person was appointed, or until his or her successor is appointed by
the City unless such Director has been appointed to fill an unexpired term in which case the
term of the Director shall expire on the expiration date of the term of the Director whose
position he or she was appointed to fill. Any Director may be removed from office at any
time, with or without cause, by the City Council. The number of Directors may only be
increased or decreased by an amendment to the Bylaws with the consent of the City
Council of the City.
The term of each position shall be coterminous with the term of the corresponding
position on the board of the La Porte Reinvestment Zone as established by City Ordinance
99-= as may be amended from time to time.
The following persons, or their designee, shall serve as an ex-officio, non -voting
members of the Board.
(1) City Manager;
(2) Assistant City Manager
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(3) Director of Finance, and
(4) City Attorney;
Any person designated as an ex-officio member of the Board is entitled to notice of
and to attend meetings of the Board.
In addition, the Board of Directors of the Authority may designate one or more
representatives of the La Porte Independent School District, Harris County or other political
subdivisions as ex officio, non -voting members of the Board of Directors.
Section 2. Meetings of Directors. The Directors may hold their meetings and
may have an office and keep the books of the Authority at such place or places within the
City as the Board may from time to time determine; provided, however, in the absence of
any such determination, such place shall be the registered office of the Authority in the
State of Texas.
The Board shall meet in accordance with and file notice of each meeting of the
Board for the same length of time and in the same manner and location as is required of a
City under Chapter 551, Government Code (the "Open Meetings Act").
The Authority, the Board, and any committee of the Board exercising the powers of
the Board are subject to Chapter 552, Government Code (the "Open Records Act').
Section 3. Annual Meetings. The annual meeting of the Board shall be held at
the time and at the location in the City designated by the resolution of the Board for the
purposes of transacting such business as may be brought before the meeting.
Section 4. Regular Meetings. Regular meetings of the Board shall be held at
such times and places in the City as shall be designated, from time to time, by resolution of
the Board.
Section 5. Special and Emergency Meetings. Special and emergency meetings
of the Board shall be held whenever called by the Chairperson of the Board or the
Secretary or by a majority of the Directors who are serving duly appointed terms of office at
the time the meeting is called.
The Secretary shall give notice of each special meeting in person, by telephone, fax,
mail or telegraph at least three (3) days before the meeting to each Director and to the
public in compliance with the Open Meetings Act. Notice of each emergency meeting shall
also be given in the manner required of the City under Section 551.045 of the Open
Meetings Act. Unless otherwise indicated in the notice thereof, any and all matters
pertaining to the purposes of the Authority may be considered and acted upon at a special
or emergency meeting. At any meeting at which every Director shall be present, even
3
though without any notice, any matter pertaining to the purposes of the Authority may be
considered and acted upon to the extent allowed by the Open Meetings Act.
Section 6. Quorum. A majority of the appointed position of the Board shall
constitute a quorum for the consideration of matters pertaining to the purposes of the
Authority. If at any meeting of the Board there is less than a quorum present, a majority of
those present may adjourn the meeting from time to time. The act of a majority of the
Directors present and voting at a meeting at which a quorum is in attendance shall
constitute the act of the Board, unless the act of a greater number is required by law, by the
Articles of Incorporation, or by these Bylaws.
A Director who is present at a meeting of the Board at which any corporate action is
taken shall be presumed to have assented to such action unless his dissent shall be
entered in the minutes of the meeting or unless he shall file his written dissent to such
action with the person acting as the secretary of the meeting before the adjournment
thereof or shall forward such dissent by registered mail to the Secretary of the Authority
immediately after the adjournment of the meeting. Such right to dissent shall not apply to a
Director who voted in favor of the action.
Section 7. Conduct of Business. At the meetings of the Board, matters pertaining
to the purposes of the Authority shall be considered in such order as from time to time the
Board may determine.
At all meetings of the Board, the Chairperson shall preside, and in the absence of
the Chairperson, the Vice Chairperson shall preside. In the absence of the Chairperson
and the Vice Chairperson, the Board from among the Directors present shall choose a
chairperson.
The Secretary of the Authority shall act as secretary of all meetings of the Board, but
in the absence of the Secretary, the presiding officer may appoint any person to act as
secretary of the meeting.
Section S. Executive Committee, Other Committees. The Board may, by
resolution passed by a majority of the Directors, designate three (3) or more Directors to
constitute an executive committee or other type of committee. To the extent provided in the
authorizing resolution, a committee shall have and may exercise all of the authority of the
Board in the management of the Authority, except where action of the Board is specified by
statute. A committee shall act in the manner provided in the authorizing resolution. Each
committee so designated shall keep regular minutes of the transactions of its meetings and
shall cause such minutes to be recorded in books kept for that purpose in the office of the
Authority, and shall report the same to the Board from time to time. Committees authorized
to exercise the powers of the Board shall give notice of any meeting in the manner required
for a meeting of the Board.
Section 9. Compensation of Directors. Directors, as such, shall not receive any
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salary or compensation for their services as Directors; provided, that nothing contained
herein shall be construed to preclude any Director from receiving compensation which is
not excessive and which is at commercially reasonable rates for personal services
(rendered in other than a "Director" capacity) which are reasonable and necessary in carry-
ing out the Authority's purposes.
Section 10. Director's Reliance on Consultant Information. A Director shall not be
liable if while acting in good faith and with ordinary care, he relies on information, opinions,
reports, or statements, including financial statements and other financial data, concerning
the Authority or another person, that were prepared or presented by:
(a) one or more other officers or employees of the Authority,
(b) legal counsel, public accountants, or other persons as to matters the officer
reasonably believes are within the person's professional or expert
competence; or
(c) a committee of the Board of which the Director is not a member.
ARTICLE III
OFFICERS
Section 1. Titles and Term of Office. The officers of the Authority shall be a
chairperson of the Board, one or more vice chairpersons of the Board, a president, one or
more vice presidents, a secretary, a treasurer, and such other officers as the Board may
from time to time elect or appoint. One person may hold more than one office, except that
neither the Chairperson of the Board nor the President shall hold the office of Secretary.
The term of office for each officer (other than the Chairperson) shall be two (2) years com-
mencing with the date of the annual meeting of the Board at which each such officer is
elected. The Chairperson shall serve for the term designated by the Mayor of the City.
All officers (other than the Chairperson and the President) shall be subject to
removal, with or without cause, at any time by a vote of a majority of the whole Board.
A vacancy in the office of any officer (other than the Chairperson and the President)
shall be filled by the Board.
Section 2. Powers and Duties of the Chairperson. The Chairperson shall be a
member of the Board and shall preside at all meetings of the Board. The Mayor of the City
shall designate the Chairperson. He or she shall have such duties as are assigned by the
Board. The Chairperson may call special or emergency meetings. of the Board. The
Chairperson shall also serve as the President.
Section 3. Powers and Duties of the Vice Chairperson. The Vice Chairperson
shall be a member of the Board. The Vice Chairperson shall perform the duties and
exercise the powers of the Chairperson upon the Chairperson's death, absence, disability,
or resignation, or upon the Chairperson's inability to perform the duties of his or her office.
Any action taken by the Vice Chairperson in the performance of the duties of the
Chairperson shall be conclusive evidence of the absence or inability to act of the
Chairperson at the time such action was taken. The Vice Chairperson shall also serve as a
Vice President.
Section 4. Powers and Duties of the President. The President shall be the
principal executive officer of the Authority and, subject to the Board, he or she shall be in
general charge of the properties and affairs of the Authority. In furtherance of the purposes
of the Authority and subject to the limitations contained in the Articles of Incorporation, the
President, Chairperson, or Vice Chairperson may sign and execute all bonds, notes, deeds,
conveyances, franchises, assignments, mortgages, notes, contracts and other obligations
in the name of the Authority.
Section 5. Vice President. A Vice President shall have such powers and duties
as may be assigned to him or her by the Board or the President, including the performance
of the duties of the President upon the death, absence, disability, or resignation of the
President, or upon the President's inability to perform the duties of his or her office. Any
action taken by the Vice President in the performance of the duties of the President shall be
conclusive evidence of the absence or inability to act of the President at the time such
action was taken.
Section 6. Treasurer. The Treasurer shall have custody of all the funds and
securities of the Authority, which come into his or her hands. When necessary or proper,
he or she may endorse, on behalf of the Authority, for collection, checks, notes and other
obligations and shall deposit the same to the credit of the Authority in such bank or banks
or depositories as shall be designated in the manner prescribed by the Board; he or she
may sign all receipts and vouchers for payments made to the Authority, either alone or
jointly with such other officer as is designated by the Board; whenever required by the
Board, he or she shall render a statement of his or her case account; he or she shall enter
or cause to be entered regularly in the books of the Authority to be kept by him or her for
that purpose full and accurate accounts of all moneys received and paid out on account of
the Authority; he or she shall perform all acts incident to the position of Treasurer subject to
the control of the Board; and he or she shall, if required by the Board, give such bond for
the faithful discharge of his or her duties in such form as the Board may require. The
Treasurer shall also act as Secretary.
Section 7. Secretary. The Secretary shall keep the minutes of all meetings of the
Board in books provided for that purpose; he or she shall attend to the giving and serving of
all notices; in furtherance of the purposes of the Authority and subject to the limitations
contained in the Articles of Incorporation, he or she may sign with the President in the
name of the Authority and/or attest the signatures thereof, all contracts, conveyances,
C�
franchises, bonds, deeds, assignments, mortgages, notes and other instruments of the
Authority; he or she shall have charge of the Authority's books, records, documents and
instruments, except the books of account and financial records and securities of which the
Treasurer shall have custody and charge, and such other books and papers as the Board
may direct, all of which shall at all reasonable times be open to the inspection of any
Director upon application at the office of the Authority during business hours; and, he or
she shall in general perform all duties incident to the office of Secretary subject to the
control of the Board.
Section 8. Compensation. Officers may be entitled to receive such salary or
compensation for personal services, which are necessary, and reasonable in carrying out
the Authority's purposes as the Board may from time to time determine, provided, that in no
event shall the salary or compensation be excessive. Board members, even in their
capacity as officers, are not entitled to compensation except as otherwise provided in
Article II, Section 9.
Section 9. Officer's Reliance on Consultant Information. In the discharge of a
duty imposed or power conferred on an officer of the Authority, the officer may in good faith
and with ordinary care rely on information, opinions, reports, or statements, including
financial statements and other financial data, concerning the Authority or another person,
that were prepared or presented by:
(a) one or more other officers or employees of the Authority, including members
of the Board; or
(b) legal counsel, public accountants, or other persons as to matters the officer
reasonably believes are within the person's professional or expert competence.
ARTICLE IV
MISCELLANEOUS PROVISIONS
Section 1. Fiscal Year and Audit. The fiscal year of the Authority shall begin
October 1 of each year.
At the end of each fiscal year (beginning with the fiscal year or fraction thereof during which
this Agreement is executed), the Authority will have at its own expense an audit prepared
by an independent Certified Public Accountant for that fiscal year that shall be submitted to
the Authority, the Zone and the City within one hundred twenty (120) days after the end of
the fiscal year. The Authority shall furnish copies of the audit without cost to the City and
the Zone Board.
Section 2. Seal. The seal of the Authority shall be the Board may approve such
as from time to time.
Section 3. Notice and Waiver of Notice. Whenever any notice other than public
notice of a meeting given to comply with the Open Meetings Act, is required to be given
under the provisions of these Bylaws, such notice shall be deemed to be sufficient if given
by depositing the same in a post office box in a sealed postpaid wrapper addressed to the
person entitled thereto at his or her post office address, as it appears on the books of the
Authority, and such notice shall be deemed to have been given on the day of such mailing.
A waiver of notice, signed by the person or persons entitled to said notice, whether before
or after the time stated therein, shall be deemed equivalent thereto.
Section 4. Resignations. Any Director or officer may resign at any time. Such
resignations shall be made in writing and shall take effect at the time specified therein, or, if
no time be specified, at the time of its receipt by the President or Secretary. The
acceptance of a resignation shall not be necessary to make it effective, unless expressly so
provided in the resignation.
Section 5. Gender. References herein to the masculine gender shall also refer
to the feminine in all appropriate cases and vice versa.
Section 6. Appropriations and Grants. The Authority shall have the power to
request and accept any appropriation, grant, contribution, donation, or other form of aid
from the federal government, the State, any political subdivision, or municipality in the
State, or from any other source.
ARTICLE V
INDEMNIFICATION OF DIRECTORS AND OFFICERS
Section 9. Right to Indemnification. Subject to the limitations and conditions as
provided in this Article V and the Articles of Incorporation, each person who was or is made
a party or is threatened to be made a party to or is involved in any threatened, pending or
completed action, suit or proceeding, whether civil, criminal, administrative, arbitrative or
investigative (hereinafter a "proceeding"), or any appeal in such a proceeding or any inquiry
or investigation that could lead to such a proceeding, by reason of the fact that he or she, or
a person of whom he or she is the legal representative, is or was a Director or officer of the
Authority or while a Director or officer of the Authority is or was serving at the request of the
Authority as a director, officer, partner, venturer, proprietor, trustee, employee, agent or
similar functionary of another foreign or domestic corporation, partnership, joint venture,
sole proprietorship, trust, employee benefit plan or other enterprise shall be indemnified by
the Authority to the fullest extent permitted by the Texas Non -Profit Corporation Act, as the
same exists or may hereafter be amended (but, in the case of any such amendment, only to
the extent that such amendment permits the Authority to provide broader indemnification
rights than said law permitted the Authority to provide prior to such amendment) against
judgments, penalties (including excise and similar taxes and punitive damages), fines,
settlements and reasonable expenses (including, without limitation, attomeys' fees) actually
incurred by such person in connection with such proceeding, and indemnification under this
Article V shall continue as to a person who has ceased to serve in the capacity which
initially entitled such person to indemnity hereunder. The rights granted pursuant to this
Article V shall be deemed contract rights, and no amendment, modification or repeal of this
Article V shall have the effect of limiting or denying any such rights with respect to actions
taken or proceedings arising prior to any such amendment, modification or repeal. It is
expressly acknowledged that the indemnification provided in this Article V could involve
indemnification for negligence or under theories of strict liability.
Section 2. Advance Payment. The right to indemnification conferred in this
Article V shall include the right to be paid in advance or reimbursed by the Authority the
reasonable expenses incurred by a person of the type entitled to be indemnified under
Section 1 who was, is or is threatened to be made a named defendant or respondent in a
proceeding in advance of the final disposition of the proceeding and without any
determination as to the person's ultimate entitlement to indemnification; provided, however,
that the payment of such expenses incurred by any such person in advance of the final
disposition of a proceeding, shall be made only upon delivery to the Authority of a written
affirmation by such Director or officer of his or her good faith belief that he or she has met
the standard of conduct necessary for indemnification under this Article V and a written
undertaking, by or on behalf of such person, to repay all amounts so advanced if it shall
ultimately be determined that such indemnified person is not entitled to be indemnified
under this Article V or otherwise.
Section 3. Indemnification of Employees and Agents. The Authority, by adoption
of a resolution of the Board, may indemnify and advance expenses to an employee or
agent of the Authority to the same extent and subject to the same conditions under which it
may indemnify and advance expenses to Directors and officers under this Article V; and the
Authority may indemnify and advance expenses to persons who are not or were not
Directors, officers, employees or agents of the Authority but who are or were serving at the
request of the Authority as a Director, officer, partner, venturer, proprietor, trustee,
employee, agent or similar functionary of another foreign or domestic corporation,
partnership, joint venture, sole proprietorship, trust, employee benefit plan or other
enterprise against any liability asserted against him or her and incurred by him or her in
such a capacity or arising out of his or her status as such a person to the same extent that it
may indemnify and advance expenses to Directors under this Article V.
Section 4. Appearance as a Witness. Notwithstanding any other provision of this
Article V, the Authority shall pay or reimburse expenses incurred by a Director or officer in
connection with his or her appearance as a witness or other participation in a proceeding
involving the Authority or its business at a time when he or she is not a named defendant or
respondent in the proceeding.
Section 5. Non -exclusivity of Rights. The right to indemnification and the
advancement and payment of expenses conferred in this Article V shall not be exclusive of
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any other right which a Director or officer or other person indemnified pursuant to Section 3
of this Article V may have or hereafter acquire under any law (common or statutory),
provision of the Articles of Incorporation of the Authority or these Bylaws, agreement, vote
of shareholders or disinterested Directors or otherwise.
Section 6. Insurance. The Authority may purchase and maintain insurance, at its
expense, to protect itself and any person who is or was serving as a Director, officer,
employee or agent of the Authority or is or was serving at the request of the Authority as a
Director, officer, partner, venturer, proprietor, trustee, employee, agent or similar
functionary of another foreign or domestic corporation, partnership, joint venture, proprietor-
ship, employee benefit plan, trust or other enterprise against any expense, liability or loss,
whether or not the Authority would have the power to indemnify such person against such
expense, liability or loss under this Article V.
Section 7. Notification. Any indemnification of or advance of expenses to a
Director or officer in accordance with this Article V shall be reported in writing to the
members of the Board with or before the notice of the next regular meeting of the Board
and, in any case, within the 12-month period immediately following the date of the
indemnification or advance.
Section 8. Savings Clause. If this Article V or any portion hereof shall be
invalidated on any ground by any court of competent jurisdiction, then the Authority shall
nevertheless indemnify and hold harmless each Director, officer or any other person
indemnified pursuant to this Article V as to costs, charges and expenses (including
attorneys' fees), judgments, fines and amounts paid in settlement with respect to any action,
suit or proceeding, whether civil, criminal, administrative or investigative, to the full extent
permitted by any applicable portion of this Article V that shall not have been invalidated and
to the fullest extent permitted by applicable law.
ARTICLE VI
PROVISIONS RELATING TO MINORITY CONTRACTING
The Authority shall attempt to stimulate the growth of disadvantaged businesses
inside the City by encouraging the full participation of disadvantaged businesses in all
phases of its procurement activities and affording those disadvantaged businesses a full
and fair opportunity to compete for Authority contracts. The Authority shall establish one or
more programs designed to increase participation by disadvantaged businesses in contract
awards, which will conform to City approved programs. Any program established by the
Authority shall provide that disadvantaged businesses certified by the City shall be the
disadvantaged businesses certified for Authority contracts.
ARTICLE VII
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CODE OF ETHICS
Section 1. Policy and Purposes.
(a) It is the policy of the Authority that Directors and officers conduct themselves
in a manner consistent with sound business and ethical practices; that the public interest
always be considered in conducting corporate business; that the appearance of impropriety
be avoided to ensure and maintain public confidence in the Authority; and that the Board
establish policies to control and manage the affairs of the Authority fairly, impartially, and
without discrimination.
(b) This Code of Ethics has been adopted as part of the Authority's Bylaws for
the following purposes: (a) to encourage high ethical standards in official conduct by
Directors and corporate officers; and (b) to establish guidelines for such ethical standards
of conduct.
Section 2. Conflicts of Interest.
(a) Except as provided in subsection (c), a Director or officer is prohibited from
participating in a vote, decision, or award of a contract involving a business entity or real
property in which the Director or the officer has a substantial interest, if it is foreseeable that
the business entity or real property will be economically benefited by the action. A person
has a substantial interest in a business (i) if his or her ownership interest is ten percent or
more of the voting stock or shares of the business entity or ownership of $15,000 or more of
the fair market value of the business entity, or (ii) if the business entity provides more than
ten percent of the person's gross income. A person has a substantial interest in real
property if the interest is an equitable or legal ownership with a fair market value of $2,500
or more. An interest of a person related in the second degree by affinity or the third degree
by consanguinity to a Director or officer is considered a substantial interest.
(b) If a Director or a person related to a Director in the first or second degree by
affinity or the first, second, or third degree by consanguinity has a substantial interest in a
business entity or real property that would be pecuniarily affected by any official action
taken by the Board, such Director, before a vote or decision on the matter, shall file an
affidavit stating the nature and extent of the interest. The affidavit shall be filed with the
Secretary of the Board.
(c) A Director who has a substantial interest in a business entity that will receive
a pecuniary benefit from an action of the Board may vote on that action if a majority of the
Board has a similar interest in the same action or if all other similar business entities in the
Authority will receive a similar pecuniary benefit.
(d) An employee of a public entity may serve on the Board.
Section 3. Acceptance of Gifts. No Director or officer shall accept any benefit as
11 ,
consideration for any decision, opinion, recommendation, vote or other exercise of
discretion in carving out official acts for the Authority. No Director or officer shall solicit,
accept, or agree to accept any benefit from a person known to be interested in or likely to
become interested in any contract, purchase, payment, claim or transaction involving the
exercise of the Director's or officer's discretion. As used here, "benefit" does not include:
(a) a fee prescribed by law to be received by a Director or officer or any other
benefit to which the Director or officer is lawfully entitled or for which he gives legitimate
consideration in a capacity other than as a Director or officer;
(b) a gift or other benefit conferred on account of kinship or a personal, profes-
sional, or business relationship independent of the official status of the Director or officer;
(c) an honorarium in consideration for legitimate services rendered above and
beyond official duties and responsibilities if:
(1) not more than one honorarium is received from the same
person in a calendar year;
(2) not more than one honorarium is received for the same service;
and
(3) the value of the honorarium does not exceed $250 exclusive of
reimbursement for travel, food, and lodging expenses incurred
by the Director or officer in performance of the services;
(d) a benefit consisting of food, lodging, transportation, or entertainment
accepted as a guest and reported as may be required by law.
Section 4. Bribery. A Director or officer shall not intentionally or knowingly offer,
confer or agree to confer on another, or solicit, accept, or agree to accept from another:
(a) any benefit as consideration for the Director's or officer's decision, opinion,
recommendation, vote, or other exercise of discretion as a Director or officer;
(b) any benefit as consideration for the Director's or officer's decision, vote,
recommendation, or other exercise of official discretion in a judicial or administrative
proceeding; or
(c) any benefit as consideration for a violation of a duty imposed by law on the
Director or officer.
Section 5. Nepotism. No Director or officer shall appoint, or vote for, or confirm
the appointment to any office, position, clerkship, employment or duty, of any person
related within the second degree by affinity (marriage relationship) or within the third
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degree of consanguinity (blood relationship) to the Director or officer so appointing, voting
or confirming, or to any other Director or officer. This provision shall not prevent the ap-
pointment, voting for, or confirmation of any person who shall have been continuously
employed in any such office, position, clerkship, employment or duty at least 1 year prior to
the appointment of the Director or officer so appointing or voting.
ARTICLE VIII
AMENDMENTS
A proposal to alter, amend, or repeal these Bylaws shall be made by the affirmative
vote of a majority of the full Board at any annual or regular meeting, or at any special
meeting if notice of the proposed amendment be contained in the notice of said special
meeting. However, any proposed change or amendment to the Bylaws must be approved
by the City Council of the City to be effective.
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RESOLUTION NO. 2000- 191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE APPROVING
THE ARTICLES OF INCORPORATION AND BYLAWS OF THE LA PORTE
REDEVELOPMENT AUTHORITY; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
approves the Articles of Incorporation and Bylaws of the La Porte
Redevelopment Authority, which are attached as Exhibits "A" and "B"
to the Application to the Mayor and City Council of the City of La
Porte, Texas, for creation of the La Porte Redevelopment Authority,
and approved by Ordinance No. 2000-1��, dated December 11, 2000.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this resolution and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 11th day of December, 2000.
CITY OF LA PORTE
B
Y�
Norman . Makofie, Mayor
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ATTEST:
M rt a A. Gillett
City Secretary
APP VE
Knox W. Askins
City Attorney
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7-
�7-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 11 2000
Requested By: Doug Kneu er XL(
Department: Planning
Report: Resolution: Ordinance: X
Exhibits: Ordinance
Letter of Recommendation
Bid Tabulation
Bidder's List
Appropriation
Source of Funds: Sylvan Beach Fund
Account Number: 008-9894-790-1100
Amount Budgeted: $182,500.00
Amount Requested: $118,538.00
Budgeted Item: i NO
SUMMARY & RECOMMENDATION
As part of the FY 00-01 Budget for Sylvan Beach Fund, City Council approved $182,500.00 for
replacement of the roof at the Sylvan Beach Pavilion Building.
Design and engineering were performed on this pro)ect utilizing DCW Architects, Inc. On November
27, 2000, the City received competitive bids from four qualified contractors (see attached Bid
Tabulation). Cardinal Roofing, Inc. of Houston, Texas submitted the low bid in the amount of
$112,888.00. Contract time for completion shall be 30 consecutive calendar days after "Notice to
Proceed" is issued.
Planning staff has reviewed the bids as submitted, and determined that the low bid from Cardinal
Roofing, Inc. is within the budgeted amount and they are qualified to perform this work. Staff
recommends that the City Council authorize the City Manager to execute a contract with Cardinal
Roofing, Inc. in the amount of $112,888.00 and further authorize $5,650.00 (50/6) contingency for the
roof replacement at the Sylvan Beach Pavilion Building.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with Cardinal
Roofing, Inc. in the amount of $112,888.00 and further authorizing $5,650.00 contingency for the roof
replacement at the Sylvan Beach Pavilion Building.
Approved for City Council Agenda
Robert T. Herrera, City Manager Date
ORDINANCE NO. 2000- ,� 45
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND CARDINAL ROOFING, INC.
FOR THE ROOF REPLACEMENT AT THE SYLVAN BEACH PAVILION
BUILDING; APPROPRIATING $118,538.00 TO FUND SAID
CONTRACT; 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 LA
PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement, or other undertaking described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The City
Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affix the seal of the City
to all such documents. City Council appropriates the sum of
$118,538.00 from Sylvan Beach Fund 008 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
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
•
ORDINANCE NO. 2000- . 459
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this December 11, 2000.
CITY OF LA PIORTE
Norman L. Malbne,
Mayor
ATTEST:
Martha Gillett,
City Secretary
zl
APP OV .
a'e4 -A), �� -
Knox W. Askins,
City Attorney
Project Manual
for
ROOF REPLACEMENT: PAVILION BLDG.
CLP Project No. 2000-5301
City of La Porte
Planning Department
604 W. Fairmont Parkway
La Pone, Texas 77571
(281) 471-5020
November 7, 2000
ARCHITECTS, INC.
2425 Fountain View • Suite 2_5 • Houston, Texas 77057 * (713) 787-9063 • Fax (71 3) 78 7-9065
fit,
r]
0
Due to the volume of this contract, a copy
is available for your review in the City
Secretary's Office
CMeyer Chaskin, A.I.A.
Conrad G. Walton, A.I.A.
Vincent C. Stasio, A.I.A.
ARCHITECTS, Inc. 2425 Fountain view • Suite 225• Houston,
' PIING
Texas 77057 • (713) 787-9063 • Fax (713) 787-9065
November 28, 2000
City Council, City of La Porte
P. O. Box 1115
LaPorte, TX 77572-1115
r" Un. ivit. Duugias K. Kneupper, RE.
City Engineer
Re: Roof Replacements for:
Sylvan Beach Pavilion Bldg.
City of La Porte, Texas; Project No. 2000-5301
DCW File No. 991207B
Gentlemen:
The proposal in the amount of $112,888 from Cardinal Roofing, Inc., dated 11/27/2000
appears to be complete and conforms to proposal requirements.
We recommend that this low bid proposal be accepted.
Sincerely,
Conrad G. Walton, AIA, President
DCW Architects, Inc.
CGW/bm
An Architectural Corporation
CITY OF LA PORTE
Sylvan Beach Pavilion Roof Replacement
CLP PROJECT #2000-5301
BID TABULATION
CONTRACTOR NAME
BID
DAYS TO
BASE BID
BOND I
COMPLETE
Cardinal Roofing, Inc.
y
30
$ 112,888.00
Four Seasons Development Co.
I
60
$ 152,955.00
Construction Services
y
60
$ 172,000.00
Marton Roofing
y
60
$ 215,000.00
0
0
CITY OF LA PORTE
Roof Replacement at Sylvan Beach Pavilion Building
CLP PROJECT #2000-5301
Advertising
The Bayshore Sun — November 121h and 19`h, 2000
Angel Brothers. Inc.
PO Box 570
Baytown, TX 77522
FAX (281)421-2344
Derk Harmsen Construction
2820 Center Street
Deer Park. TX 77536
FAX (281)478-5115
W T Byler
15203 Lillja
Houston TX 77060
FAX (281)445-4356
All Tex Roofing Corporation
5605 Creekmont Dr.
Houston, TX 77091
Competition Roofing, Inc.
7310 Fairview
Houston. TX 77041
Liqua Tech
1819 Milby Rd.
Houston TX 77003
Bid Notice Faxed
Conrad Construction
PO Box 841134
Houston, TX 77284
FAX (713)9371172
Follis Construction
111 N. Broadway
La Porte, TX 77571
FAX (281)471-6038
Jaho, Inc.
2003 Wilson Road
Humble, TX 77396
FAX (281) 446-6839
Cardinal Roofing, Inc.
5430 East Hampton
Houston, TX 77039
Construction Services
PO Box 714
Humble, TX 77347
Four Seasons Development
8815 Emmott, Ste. 100
Houston. TX 77040
JRC Construction
6418 Coley Park
Sugar Land, TX 77479
FAX (281)494-6127
FORCE Corp.
PO Box 1079
LaPorte, TX 77572-0853
FAX (281)471-9627
JTR Constructors
4718 Green Trail
Houston, TX 77084
FAX (281) 859-2939
Pyramid Waterproofing
122 Berry Road
Houston, TX 77022
Dale Dobbins.
PO Box 55546
Houston, TX 77255
Marton Roofing
5207 Ashbrook
Houston, TX 77081
Contractors That Picked Up Plans & Specifications
All Tex Roofing Corporation Cardinal Roofing, Inc. Pyramid Waterproofing
5605 Creekmont Dr. 5430 East Hampton 122 Berry Road
Houston, TX 77091 Houston, TX 77039 Houston, TX 77022
Competition Roofing, Inc.
7310 Fairview
Houston, TX 77041
Construction Services
PO Box 714
Humble, TX 77347
Dale Dobbins.
PO Box 55546
Houston, TX 77255
Liqua Tech Four Seasons Development Marton Roofing
1819 Milbv Rd. 8815 Emmott. Ste. 100 5207 Ashbrook
Houston TX 77003 Houston, TX 77040 Houston, TX 77081
• 0
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 11 2000
Requested By: S. Gillett
Department: Public Works
Report: Resolution: Ordinance: XX
Exhibits: Ordinance No. 2000-
Exhibits: Letter from TexDOT, Aviation Division
Exhibits: Amendment No. 1 — Grant for Routine
Maintenance — Year 2000-01 Funding
Appropriation
Source of Funds: Airport Fund
Account Number: Fund 010
Amount Budgeted: 0
Amount Requested: $8,315
Budgeted Item: YES NO XX
SUMMARY & RECOMMENDATION
The City of La Porte accepted a grant offer from the Aviation Division of TexDOT on August
24, 2000 for the restriping of runways at the La Porte Municipal Airport. Total cost to the City
was $20,000. Since that time, the State has requested that the Project Description be changed to
include the application of a pavement rejuvenator for Runways 12-30 and 5-23. The additional
$8,315.00 requested is the City's share of the additional needed. This will extend the life of the
pavement significantly, and will reduce costs associated with the original striping proposal.
Additionally, the State has agreed to fund up to 50% of the material costs associated with fencing
and relocation of the entrance road, which was budgeted in the 1999-2000 CIP. This Project was
delayed due to the presence of the Air Quality Study at the Airport last summer. The City is
currently negotiating with a prospective tenant in this area.
Funding for the original grant was appropriated from the CIP project. The additional funding
needed ($8,315.00) needs to be appropriated from the Airport Fund balance.
Action Required by Council: Approve Ordinance No. 2000-;authorizing the City Manager to
execute Amendment No. 1 to the Grant for Routine Maintenance between the City of La Porte
and the Texas Department of Transportation, and appropriate the $8,315.00 necessary matching
funds from the Airport Fund balance.
Approved for City Council Agenda
('-0 � �,t T,
Robert T. Herrera, City Manager
i z- rj- C)C)
Date
ORDINANCE NO. 2000-A45-'l
AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO THE GRANT
AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF
TRANSPORTATION, FOR ROUTINE AIRPORT MAINTENANCE AT THE LA PORTE
MUNICIPAL AIRPORT; APPROPRIATING $8,315.00, 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 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents. City Council appropriates the sum not to exceed
$8,315.00 from the City of La Porte Airport Fund 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 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.
0
0
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of December, 2000.
CITY OF LA PORTE
By:
Norman L. Ma one
Mayor
ATTEST:
Martha . Gillett
City Secretary
APPRqy-�D : /
Knox W. Askins
City Attorney
TEXAS DEPARTMENT OF TRANSPORTATION
GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM
(Grant for State Assisted Airport Routine Maintenance)
Amendment No. 01
TxDOT Project No.: AM 200ILPRTE
TxDOT CSJ No.: M112LPRTE
The City of LaPorte, referred to as the "Sponsor", and the Texas Department of
Transportation, referred to as the "State," have entered into a Grant For Routine Airport
Maintenance Program, TxDOT CSJ Number M012LPRTE, executed by the Sponsor on August
28, 2000, and by the State on August 31, 2000, for the routine maintenance of the La Porte
Municipal Airport; and
It is in the mutual interest of the Sponsor and the State to amend the Grant at this time to
update the necessary maintenance items for fiscal year 2000 and identify the maintenance items
for fiscal year 2001 and extend the term of the grant for the new fiscal year.
The following amendment to the Grant shall become effective upon execution of this
Amendment by the Sponsor and the State.
The Grant is amended to include Attachment A - Scope of Services attached and made a
part of this agreement.
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
Page 1 of 4
AVN4301 A-DOC(9/2000)
0
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
CHARLES R. HUBER, JR.
BOARD CERTIFIED - CIVIL TRIAL LAW
TEXAS BOARD OF LEGAL SPECIALI-ATION
CLARK T. ASKINS
November 30, 2000
Norman Malone
Mayor
amity of La Porte
City Hall
La Porte, Texas
Robert T. Herrera
City Manager
City of La Porte
City Hall
La Porte, Texas
Gentlemen:
TELEPHONE 281 471-1886
TELECOPIER 261 471-2047
I enclose proposed agenda request for Mayor Malone, and proposed
form of ordinance, for December 11, 2000, meeting.
Yours'yAry truly,
Knox W. Askins
City Attorney
City of La Porte
KWA:sw
Enclosures
6
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 12/11/00
Requested By: Mayor Norman Malone
Department: Mayor's Office
Report: Resolution: Ordinance: X
Exhibits: Letter from K. Askins
Exhibits: Ordinance
Exhibits: Agreement
Appropriation
Source of Funds: n/a
Account Number: n/a
Amount Budgeted: n/a
Amount Requested: n/a
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
I am requesting that an ordinance appointing a Re -Districting Committee, and establishing its powers and duties, be
placed on the December 11, 2000, City Council Agenda.
I have requested that each member of City Council nominate one member to the Committee. To my knowledge, the
City Council members have turned in to the City Secretary's Office the following names:
Chairperson: Sydney Grant
District 1:
Betty Waters
District 2:
Betty Straumbaugh
District 3:
Kirby Linscomb
District 4:
Deotis Gay
District 5:
Bernard Legrand
District 6:
Charlcya Wheeler
Position A:
Claudia Zapata
Position B:
Ed Matuszak
Alternate 1:
Dina Martinez
Alternate 2:
Alternate 3:
A consensus of City Councilmembers, at the Workshop discussion on November 13, 2000, was that City
Councilmembers not serve on the Committee.
When this matter comes up on the City Council agenda on December 11, 2000, it is my plan to go around the table,
and have each City Councilperson make their nomination, and give a brief background on the person they have
nominated. I will then call for a vote on each separate nominee. Then, I will call for a vote on the main ordinance.
Action Required by Council: Consider approval or other action voting on each separate nominee and
the voting on the main ordinance.
Anproved for Citr,69uncil Agenda
Rob t . era, City Manager Date
ORDINANCE NO. 2000-2460
AN ORDINANCE APPOINTING A RE -DISTRICTING COMMITTEE, AND
ESTABLISHING ITS POWERS AND DUTIES; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
appoints the following residents of the City of La Porte to a Re -
Districting Committee, to -wit:
Chairperson: Sydney Grant
District 1: Betty Waters
District 2: Betty St�a�g�i
District 3: Kirby Linscomb, Jr.
District 4: (Unfilled)
District 5: Bernard Legrand
District 6: Bob Capen
Position A: Claudia Zapata
Position B: Ed Matuszak
Alternate 1: Dina Martinez
Alternate 2: (Unfilled)
Alternate 3: (Unfilled)
The Chairman shall appoint alternates as required to establish
a quorum at any meeting.
Section 2. Following publication of the 2000 Federal Census,
the Re -Districting Committee shall conduct an investigation and
determine the population of the City, and the population of each of
the districts from which district Councilpersons are elected. Each
such determination shall be based upon the best available data,
including, but not limited to, the 2000 Federal Census. Each such
determination shall be reported by the Re -Districting Committee to
City Council, which shall express the results of such determination
in an ordinance, which shall be a final determination for purposes
of the Home Rule Charter of the City of La Porte. After any such
determination, if the distribution of population among the various
districts is determined by City Council to be materially
unbalanced, the Re -Districting Committee shall, following public
notice and an opportunity for public input, recommend to City
Council the establishment of new boundaries for the election of
district Councilpersons.
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 effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of December, 2000.
CITY OF LA PORTE
By: �
Norman L. Mal ne, Mayor
2
ATT ST: Y/, 6 t, C/,/ �- , X. 6 4t -
Martha A. -Gillett
City Secretary
APPROVED'
Knox W. Askins
City Attorney
0 0
0
0
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 11 2 00
Requested By: S. Gillett
Department: Public Works
Report: XX Resolution: Ordinance:
Exhibits: Letter from Conroe Avionics, Inc.
Exhibits: Letter from Southern Avionics Co.
Exhibits:
Appropriation
Source of Funds: Airport Fund
Account Number: 010-7077-531-4003
Amount Budgeted: $2,100
Amount Requested: $30,944.00
Budgeted Item: YES NO XX
SUMMARY & RECOMMENDATION
On Friday, November 10, 2000, at 2:30 AM, and aircraft aborted its takeoff and crashed at the La Porte Municipal
Airport, striking and destroying the Non Directional Beacon (NDB). The NDB is used for non -precision approaches
to the Airport, and is an important navigational aid to pilots.
I contacted the City's contract maintenance technician, Conroe Avionics, Inc. to determine the damage, and estimate
the cost to restore. Attached is a letter from Conroe Avionics, Inc. estimating the cost of restoration. Note that the
transmitter coupler is no longer manufactured, and total replacement of the transmitter will be required. The cost to
restore the NDB is as follows:
Equipment Cost $23,694.00
Installation Cost 7,250.00
Total Cost $30,944.00
I have requested Conroe Avionics, Inc. to proceed with ordering the necessary parts, and to dismantle the damaged
portions of the installation. It is anticipated that the NDB will be back in service within one month, subject to FAA
ground and flight inspection. Because of the critical nature of the installation, the City has proceeded with
restoration prior to City Council approval.
Funds for this repair are not budgeted. The aircraft, owned by H&R Aviation, Inc. was piloted by a renter at the
time of the incident. H&R's insurance carrier has been contacted and is awaiting results of the FAA investigation
before responding to the City's claim for damages. Any insurance settlement will replace the funds expended for
the repair. Adequate funds are available in the Airport Fund for this expenditure.
Action Required by Council: Declare an emergency and authorize the repair of the NDB by Conroe
Avionics, Inc. in the amount of $30,944.00 and appropriate the necessary funds from the Airport Fund.
Approved for City Council Agenda
Robert T. Herrera, City Manager Date
• Pagel + • November 20, 2000
Steve Gilletts
City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
Thursday, November 16, 2000
Reference: NDB RESTORATION
To: Steve Gilletts
Dear Steve,
On Friday November 10, 20001 surveyed the damage to the NDB facility caused by the aircraft
accident. I found that the Transmitter antenna and the antenna coupler were damaged and cannot be
repaired. The damage to the facility fence and building can be repaired.
contacted the equipment manufacture, Southern Avionics Company, on Monday and requested a
quote on the parts to restore the NDB to service. They responded that the Transmitter Coupler is not in
production and they do not have a substitute that will work with the existing SA 250E NDB Transmitter
at your facility. They did provide a quote for the equipment necessary to restore the facility to operation
in accordance with FAA Regulations using equipment available and in production. This quote is
attached to this letter.
The restoration of the facility may be broken down into the following phases:
A: SITE PREPARATION
1. Removal of existing damaged equipment.
B: ANTENNA INSTALLATION
1. Installation of antenna system
2. Installation of antenna coupler
C: ELECTRONIC EQUIPMENT INSTALLATION AND TUNE-UP
1. Transmitter installation
2. Installation of interconnecting cables
3. Transmitter and Antenna Coupler Tune-up
D: FAA INSPECTIONS
1. FAA ground inspection support
2. FAA flight inspection support
• Page 2 0 0 November 20, 2000
E: FACILITY RESTORATION AND CERTIFICATION
The restoration costs are not included in the maintenance contract between Conroe Avionics, Inc. and
the City of La Porte. Therefore I have provided the following quote to restore the facility to a condition
that it existed prior to the accident and returned to service, certified in accordance with FAA regulations.
Equipment cost (refer to the enclosure) $23694.00
Installation cost $ 7250.00
TOTAL $30944.00
Please let me know what additional information and in what format you require so that we can restore
this facility as soon as possible.
Charles W. Brown Jr.
President
Conroe Avionics, Inc.
Enclosure(1)
• Page 3 0
0
November 20, 2000
ENCLOSURE1
Southern Avionics(r) Company
Manufacturer of Non Directional Radiobeacons and Associated Products
Box 5345, Beaumont, Texas 77726-5345
Phone: 409-842-1717 Fax: 409-842-2987 / 409-842-1324
Email: sales@southernavionics.com Web: www.southernavionics.com
Tuesday, November 14, 2000
From: Jerry Ellis
To: Charlie Brown
Conroe Avionics
Dear Sir,
Please note that your SS-250B is not compatible with our current line of
Antenna Couplers. Your transmitter is approx. 20 years old.
SA25 AC/DC Single Transmitter: One 5 to 25 watt AM transmitter synthesized
for operation in the 190 to 535 KHz frequency range housed in a
weather -tight enclosure suitable for indoor or outdoor installation.
Transmitter input power supplied from 115/230VAC, or 24VDC, or both, with
change over to batteries in the event of AC power loss. One technical
manual included. P/N SA25 AC -DC.
Shipping 1 box (37"x23"xl9") 48 pounds.
List Price $6,995.
PC-1000C Antenna Coupler: Antenna tuning unit for matching 200-1500pF and
2-25 ohms antenna load. Frequency range is 190-625KHz. The coupler has an
autotune feature, which automatically maintains system tuning in changing
environmental conditions. RF power input 500 watts peak. SAC transmitter
or optional 115/230VAC internal power supply supplies operating power. P/N
PC1000C.
Shipping 1 box (30"x28"x26") 61 pounds.
List Price $3,985.
Load Center/Battery Charger: Provides for transmitter safety disconnect and
charging of batteries. Contains AC and DC mains circuit breaker, 10 Amp
fast/float charge battery charger, and AC convenience outlet for test
equipment. Suitable for indoor or outdoor mounting. Two (2) each 12VDC 105
AH deep cycle marine type batteries NOT included (to be sourced locally.)
P/N SLE11001 (110VAC)
P/N SLE11002 (220VAC).
Shipping 1 box (31"x16"x15") 26 pounds.
List Price $1,995.
50 Foot Guyed Mast Antenna: Consists of 50' (16M) of hot dipped galvanized
triangular lattice tower. Includes two sets of insulated guy wire
assemblies, earth anchors, and all associated hardware and tackle. The
antenna system also includes a sixteen radial ground system with wire,
ground rods, clamps and associated hardware. Installation kit priced
separately. P/N 50 FT. MAST ANT.
Shipping 1st box (122"x25"x14") 186 pounds.
2nd box (122"x20"x12") 125 pounds.
• Page 4 .
10 November 20, 2000
3rd box (37"x21 "x16") 139 pounds.
w/ counterpoise
4th box (15"x16"x9") 45 pounds.
5th box (75'W"x4") 67 pounds.
List Price $4,975.
Two Year Spares SA25 Single: Consists of plug-in modules, printed wiring
boards and discrete components for the transmitter and coupler for rapid
field troubleshooting and repair. P/N SLF50003.
Shipping (packed with transmitter).
List Price $2,744.
Best Regards,
Jerry Ellis
V.P. Marketing
Southern Avionics Company
5000 Belmont
Beaumont, TX 77707
Phone: 409-842-1717
Fax: 409-842-2987
Email: jery@southemavionics.com
0 0
0
6 46
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 11,2000
10
Requested By: S. Gillett
Department: Public Works
Report: XX Resolution: Ordinance:
Exhibits: Letter from Conroe Avionics, Inc.
Exhibits: Letter from Southern Avionics Co.
Exhibits:
Appropriation
Source of Funds: Airport Fund
Account Number: 010-7077-531-4003
Amount Budgeted: $2,100
Amount Requested: $30,944.00
Budgeted Item: YES NO XX
SUMMARY & RECOMMENDATION
On Friday, November 10, 2000, at 2:30 AM, and aircraft aborted its takeoff and crashed at the La Porte Municipal
Airport, striking and destroying the Non Directional Beacon (NDB). The NDB is used for non -precision approaches
to the Airport, and is an important navigational aid to pilots.
I contacted the City's contract maintenance technician, Conroe Avionics, Inc. to determine the damage, and estimate
the cost to restore. Attached is a letter from Conroe Avionics, Inc. estimating the cost of restoration. Note that the
transmitter coupler is no longer manufactured, and total replacement of the transmitter will be required. The cost to
restore the NDB is as follows:
Equipment Cost $23,694.00
Installation Cost 7,250.00
Total Cost $30,944.00
I have requested Conroe Avionics, Inc. to proceed with ordering the necessary parts, and to dismantle the damaged
portions of the installation. It is anticipated that the NDB will be back in service within one month, subject to FAA
ground and flight inspection. Because of the critical nature of the installation, the City has proceeded with
restoration prior to City Council approval.
Funds for this repair are not budgeted. The aircraft, owned by H&R Aviation, Inc. was piloted by a renter at the
time of the incident. H&R's insurance carrier has been contacted and is awaiting results of the FAA investigation
before responding to the City's claim for damages. Any insurance settlement will replace the funds expended for
the repair. Adequate funds are available in the Airport Fund for this expenditure.
Action Required by Council: Declare an emergency and authorize the repair of the NDB by Conroe
Avionics, Inc. in the amount of $30,944.00 and appropriate the necessary funds from the Airport Fund.
Approved for City Council Agenda
Robert T. Herrera, City Manager Date
0
�J
BID TABULATION #819 -WATER & SEWER SUPPLIES
HUGHES
MDN
GOLDEN
POWER
DESCRIPTION
QTY
SUPPLY
ENTRPRS
TRIANGLE
SEAL
U.S. FILTER -
ITEM # 1A - SERVICE MATERIAL
1. 3/4" x 118" Meter Gasket
700
$0.10
$0.09
$0.10
NB
NB
2. 1" x 1/8" Meter Gasket
200
$0.13
$0.11
$0.13
NB
NB
3. 314" Meter Coupling w/gasket
702
$1.38
$2.29
$2.50
NB
NB
4. 1"Meter Coupling w/gasket-
10
$2.25
$3.79
$3.90
NB
NB
5. 3/4" Curb Stop compAran w/kockwing
55
$10.15
$10.84
$10.30
NB
NB
6. 1" Curb Stop comp/iron w/bckwing
160
$18.10
$25.76
$22.95
NB
N/B.
7. 7 Curb Stop comp/iron wilockwing
12
$59.00
$67.76
$66.10
NB
NB
8. 314" Curb Stop ironfiron w/lockwing
10
$8.60
$9.17
$9.70
NB
NB
9. 1" Curb Stop iron/iron w/lockwing
1
$15.15
$23.14
$20.65
NB
NB
10. 3/4" Corporation ccicompression
12
$8.50
$8.99
$8.40
NB
NB
11. 1" Corporation cctcompression
126
$12.90
$12.99
$12.75
NIB
NB
12. 2" Corporation cc/co,pressoin
15
$54.90
$58.58
$57.20
NB
NB
13. 3/4" x 1" Tapping Bushing cc thread
13
$3.20
$5.65
$4.15
NB
NB
14. 314" - 3 Part Union comp/comp
77
$4.65
$4.97
$4.60
NB
NB
15. 1" - 3 Part Union comp/comp
89
$5.30
$5.68
$5.70
NIB
NB
16. 1" x 314" - 3 Part Union comp/comp
24
$5.40
$5.76
$5.70
NB
NB
17. 2" - 3 Part Union comp/comp
12
$22.00
$23.43
$21.70
NB
NB
18.3/4" Male Adaptor comp/iron
34
$3.80
$4.07
$3.80
NB
NB
19. 1" Male Adaptor comp/iron
23
$4.50
$4.82
$4.46
NB
NB
20.2" Male Adaptor comp/iron
14
$16.50
$17.61
$16.30
NB
NB
21. 3/4" Female Adaptor comp/iron
18
$4.00
$4.28
$3.95
NB
NB
22. 1" Female Adaptor comp/iron
11
$5.40
$5.81
$5.38
NB
NB
23.2" Female Adaptor compfiron
15
$17.20
$18.40
$17.05
NB
NB
24. 314" Brass Gate Valve
2
$2.35
$6.47
$3.00
NIB
NB
25. 1" Brass Gate Valve
2
$3.20
$8.75
$4.50
NB
NB
26. 1-1/2" Brass Gate Valve
2
$6.00
$14.42
$8.00
NB
NB
27.2" Brass Gate Valve
5
$9.10
$20.08
$12.50
NB
NB
28.7" x 3/4" Meter Riser w/lockwing
2
$22.85
$24.83
$25.00
NB
NB
29. 9" x 314" Meter Riser w/lockwing
2
$23.15
$25.67
$26.00
NB
NB
30.3/4" x 1" U-Branch w/ockwing
36
$31.80
$30.25
$32.15
NB
NB
6-1/2" center
SUB -TOTAL ITEM #1A
$11,325.01
$13,643.03
$13,116.21
ITEM # 113- BRASS FITTINGS & COUPLINGS
1. 3/4" Brass Coupling
2
$0.85
$1.83
$1.95
NB
NB
2. 3/4" Brass 90 Degree Ell
5
$1.00
$2.08
$2.22
NB
NB
3. 2' Brass 90 Degree Ell
3
$4.90
$10.90
$11.70
NB
NB
4. 314" x 3/4" Brass Tee iron/iron
2
$1.20
$2.59
$2.80
NB
NB
5. 3/4" Brass Bushing.
115
$0.85
$1.83
$1.95
NB
NB
6. 3/4" x 1-1/4" Brass Bushing
50
$1.45
$3.11
$3.35
NB
NB
7. 1" x 2" Brass Bushing
13
$3.30
$5.46
$5.85
NB
NB
8.1-1/2" x 2" Brass Bushing
5
$2.75
$5.46
$5.85
NB'
NB
9. 3/4" x Close All Thread Nipple
4
$0.65
$1.13
$0.75
NB
NB
10. 3/4" x 2" Brass Nipple
2
$0.85
$1.42
$0.95
. NIB
NB
11. 3/4" x 4" Brass Nipple
2
$1.45
$2.49
$1.65
NB
NIB
12. 3/4" x 6" Brass Nipple
10
$2.10
$3.63
$2.45
NB
NIB
13. 1" x Close AU Thread Nipple
4
$1.00
$1.67
$1.15
NB
NB
14. 1" x 2" Brass Nipple
5
$1.20
$2.06
$1.40
NB
NB
15. 1" x 4" Brass Nipple
2
$2.10
$3.60
$2.40
NB
NB
16. 1" x 6" Brass Nipple
5
$3.10
$5.30
$3.55
NB
NB
17.1-1/2" x 4' Brass Nipple
4
$3.70
$6.32
$4.25
NB
NB
18.1-1/7 x 6" Brass Nipple
4
$5.50
$9.33
$625
NB
NB
19. 2' x 2" Brass Nipple
4
$2.90
$4.98
$3.35
NB
NB
20.2" x 4" Brass Nipple
10
$4.80
$8.121
$5.45
NB
NB
21.2" x 6" Brass Nipple
45
$7.00
$11.991
$8.05
NB
NB
22. 2' x 2" Brass tee
1 5
. $6.90
$15.061
$16.15
NB
INB
SUB -TOTAL ITEM #18
$754.50
$1,YN.061
$1,172.50
•
•
HUGHES-
MDN
GOLDEN
POWER
DESCRIPTION
QTY
SUPPLY
ENTRPRS
TRIANGLE
SEAL
U.S. FILTER
ITEM #1C - SERVICE SADDLES
1. 2' x 1" Tapping Saddle PVC 315
29
$16.30
$17.23
$15.15
$13.83
N/B
2.3"x 1" Tapping Saddle AC 315
6
$16.70
$17.66
$14.95
$1520
NB
3.4" x 1" Tapping Saddle AC 315
10
$14.81
$15.30
$15.30
$1523
NB'
4. 6" x 3/4" Tapping Saddle AC 315
13
$16.80
$17.80.
$17.75
$20.10
NB
5. 6" x 1" Tapping Saddle AC 315
36
$16.80
$17.80
$17.80
$20.10
NB
6. 8" x 1" Tapping Saddle AC 315
35
$20.00
$21.13
$21.10
$21.05
NB
7. 12" x1' Tapping Saddle AC 315
10
$25.25
$26.70
$26.70
$26.60
NB
8. 6"x2" Tapping Saddle AC 315
5
$19.75
$20.86
$20.85
$20.74
NB
9. 8' x2" Tapping Saddle AC 315
7
$23.70
$25.11
$25.10
$24.89
NB
10. 12" x 2" Tapping Saddle AC 315
7
$31.00
$32.77
$33.65
$32.56
NB
SUB -TOTAL ITEM #1 C
$2,978.35
$3,146.56
$3,074.60
$3,138.07
ITEM # 1 TOTAL
$15.057.86
$18,183.65
$17,363.31
$3,138.07
ITEM #.2 A REDI CLAMPS
SMITH BLAIR 2" OR APPROVED EQUAL
1. 3/4" x 3" Red! Clamp
7
$7.00
$9.69
$10.15
$10.04
$10.17
2. 314" x 6" Redi Clamp
3
$14.67
$20.51
$21.50
$16.72
$21.51
3. 1" x 3" Red! Clamp
4
$7.33
$10.10
$10.75
$8.80
$10.76
4. 1" x 6" Red! Clamp
5
$14.77
$20.64
$21.65
$17.64
$21.67
5. 2' x 3" Redi Clamp
3
$7.73
$10.71
$11.30
$9.28
$11.32
6. 2" x 6" Red! Clamp
3
$15.24
$21.20
$22.35
$18.56
$22.36
SMITH BLAIR 245 OR APPROVED EQUAL
1. 2" x 3" Red! Clamp
3
$4.42
$5.36
$3.85
3.52
$3.86
2. 2" x 6" Redi Clam
3
$7.15
$9.72
$7.00
7.04
$7.00
SUB -TOTAL ITEM # 2 A
$299.80
$413.93
$420.30
$359.04
$420.73
ITEM #20 - FULL CIRCLE CLAMPS
SMITH BLAIR 226 OR APPROVED EQUAL
1.2.35 - 2.63 x 7.5"
70
$22.13
$26.00
$22.50
$16.96
$22.54
2. 2.35 - 2.63 x 12"
20
$33.67
$41.74
$40.00
$28.54
$40.03
3. 3.46 - 3.70 x10"
1
$28.70
$43.19
$37.90
$3026
$37.91
4. 3.73 - 4.00 x 12"
1
$38.37
$45.33
$45.70
$33.46
$45.75
5. 3.96 - 425 x 7.5"
37
$24.00
$28.16
$28.40
$20.19
$28.43
6.4.45 - 4.73 x 7.5"
1
$23.51
$29.33
$29.40
$22.93
$29.43
7.4.74 -5.14 x 7.5"
2
$30.29
$29.33
$30.45
$22.93
$30.46
8.4.74 - 5.14 x 12"
2
$38.17
$49.44
$49.90
$37.55
$49.91
9.4.95 - 5.35 x 7.5"
15
$30.61
$29.33
$30.75
$22.93
$30.78
10.4.95 - 5.35 x 12"
3
$38.17
$49.44
$52.50
$37.55
$52.54
11.6.56 - 6.96 x 7.5'
8
$27.32
$34.61
$35.15
$27.06
$35.18
12.6.56 - 6.96 x 12"
5
$42.66
$55.35
$56.60
$43.26
$56.68
13.6.84 - 7.24 x 7.5"
6
$32.58
$34.61
$35.90
$27.06
$35.94
14.6.84 - 7.24 x 12
2
$44.23
$55.35
$57.45
$4326
$57.50
15.7.05 - 7.45 x 7.5
49
$32.93
$34.61
$36.45
$27.06
$36.48
16. 7.05 - 7.45 x12"
11
$44.69
$55.35
$58.40
$4326
$58.44
17. 7.45 - 7.85 x 7.5
3
$3225
$34.61
$37.40
$27.06
$37.43
18. 8.54 - 8:94 x 10"
1
$38.16
$53.77
$56.07
$42.86
$56.12
19. 8.99 - 9.39 x 7.5"
5
$30.94
$40.63
$42.95
$32.37
$43.01
20. 8.99 - 9.39 x 12"
2
$43.29
$65.08
$68.80
$51.84
$68.87
21. 9.27 - 9.67 x 7.5"
28
$31.04
$40.63
$43.90
$32.37
$43.95
22. 927 - 9.67 x 10"
2
$34.61
$53.77
$59.10
$42.86
$2820
23. 9.27 - 9.67 x 12"
2
$44.30
$65.08
$70.35
$51.84
$70.38
24. 13.40 - 13.80 x 15"
1
$75.39
$120.50
$119.65
$88.86
$119.74
25. 14.37 - 15.13 x 15"
1
$129.20
$210.69
$228.15
$162.03
$228.35
26. 18.46 - 1920 x 15"
1
$151.04
$216.43
$262.10
$180.541
$262.33
SUB -TOTAL ITEM #2 B
$8,491.38
$10,150.98
$10,259.82
$7,569.46 $10,208.68
ITEM # 2C -DRESSER COUPLINGS
SMITH BLAIR 411 OR APPROVED EQUAL
1. 3/4" Dresser Coupling
2
$12.05
$10.38
$10.95
NB
$10.96
2. 1" Dresser Coupling
4
$12.63
$10.74
$11.35
NB
$11.35
3. 1- 114" Dresser Coupling.
2
$13.55
$11.221
$11.86
N/B
$11.86
4. 1- 1/2 " Dresser coupling
5
$15.61
$13.42
$1420
N/B
$14.18
5. 2" Dresser Coupling
35
$19.97
$19.72
$16.051
$16.08
SUB -TOTAL ITEM #2 C
1
$878.72
$843.461
$723.771
1 $724.74
MON
HUGHES
ENTERPRIS
GOLDEN
POWER
DESCRIPTION
QTY
SUPPLY
ES
TRIANGLE
SEAL
U.S. FILTER
ITEM # 20 - Couplings
MAXISTEP OR APPROVED EQUAL
1. 3" Coupling
4
$52.21
$47.36
$39.70
$W.64
$39.73
2. 4' Coupling
4
$57.94
$47.36
$48.60
$47.56
$48.63
3. 6" Coupling
6
$81.18
$60.04
$68.50
$67.05
$68.56
4. 8" Coupling
6
$92.35
$75.35
$79.95
$79.83
$80.00
5. f2" Coupling
4
$175.35
$131.89
$118.85
$118.71
$118.95
SUB TOTAL - ITEM #2 D
$2,183.18
$1,718.78
$1,719.30
$1,704.92
$1,720.60
ITEM TOTAL #2
$11,853.08
$13,127.15
$13,123.19
$9,633.42
$13,074.75
ITEM # 3A - RUBBER ADAPTORS
FERNCO OR APPROVED EQUAL
1.4"PVC x 4" PVC
38
$2.06
$2.06
$1.95
NIB
NB
2. 4" PVC x 4" Clay
10
$2.06
$2.06
$1.95
NIB
NB
3.4" PVC x 4" Concrete
30
$2.06
$2.06
$1.95
NB
NIB
4. 6" PVC x 4" PVC
2
$4.75
$4.92
$4.50
NB
NB
5. 6" PVC x 6" PVC
10
$4.40
$4.31
$4.15
NB
NB
6. 6" PVC x 6" Clay
20
$4.40
$4.51
$4.15
NB
NB
7.6" PVC x 6" Concrete
20
$4.50
$4.31
$4.15
NB
NB
8. 8" PVC x 8" PVC
3
$6.40
$6.63
$6.40
NB
NB
9. 8" PVC x 8" Clay
23
$6.40
$7.41
$6.40
NB
NB
10. 8" PVC x 8"Concrete
21
$6.40
$6.63
$6.40
NIB
NB
11. 10" PVC x 10' PVC
2
$8.80
$9.22
$8.90
NB
NB
12. 10" PVC x 10" Concrete
2
$8.80
$9.22
$9.10
NB
NB
13. 12" PVC x 12" Clay
2
$10.30
$10.76
$10.40
NB
NB
14. 15" PVC x 15" Clay
2
$17.80
$18.45
$17.80
NB
NB
SUB - TOTAL ITEM # 3 A
$784.38
$814.87
$761.80
ITEM #3B. - SDR 35 SEWER FITTINGS & SADDLES
1.4" Coupling
60
$0.47
$0.54
$0.50
NIB
NIB
2. 6" x 4" Reducer
17
$2.30
$2.66
$2.45
NB
NIB
3. 6' 45 Degree Ell
5
$2.82
$326
$3.05
NB
NB
4. 6' Cleanout w/plug
14
$7.31
$8.47
$7.90
NIB
NB
5. 6" x 4" Gasketed Saddle Tee w/ss bands
6
$15.14
$15.98
$15.80
NIB
NB
6. 8" x 4' Gasketed Saddle Tee w/ss bands
8
$16.66
$17.59
$17.35
NB
NIB
7. 10" x 4" Gasketed Saddle Tee w/ss bands
2
$19.17
$2023
$20.00
NIB
NB
8. 12' x 4" Gasketed Saddle Tee w/ss bands
2
$20.12
$2123
$21.00
NIB
NB
9. Universal Saddle
54
$17.99
$17.12
$18.80
NIB
NB
10. 6" x 6" Gasketed Saddle Tee w/ss bands
2
NB
$22.63
NS
NIB
NB
11. 8" x 6" Gasketed Saddle Tee w/ss bands
2
$21.74
$22.94
$22.70
NB
NB
12. 6" x 6" Coupling
2
$1.73
$1.99
$1.85
NIB
NB
SUB - TOTAL # 3 8
$1,504.84
$1.551.62
$1,577.40
ITEM #3C.- DWV FITTINGS & LUBES
1.4" Coupling
76
$1.09
$0.81
$1.10
NIB
NB
2.4" 16 Degree Ell
42
$3.04
$224
$3.00
NB
NB
3. 4" 45 Degree Ell
32
$1.93
$1.41
$1.90
NB
NB
4. 4" 90 Degree EI
42
$2.39
$1.77
$2.38
NB
NIB
5. 4' Slip Cap
50
$2.49
$2.69
$3.73
NIB
NB
6. 4* x 4' x 4" Tee
68
53.70
$2.75
$3.70
NIB
NB
7.4" Cleanout w/ plug
90
$3.35
$2.49
$2.80
NB
NB
8. 4' Plug only
12
$1.17
$0.87
$0.63
NB
NB
9. PVC Glue (qt can)
34
$4.00
$4.86
$3.37
NB
NIB
10. PVC Primer (qt can)
32
$3.50
$4.00
$4.03
NB
NIB.
11. PVC Lubricant (qt can)
6
$2.06
$2.201
S2.051
NB
NIB
12. Talcote 5 gallon can
24
$18.50
$19.501
$18.651
NIB
NB
SUB -TOTAL ITEM # 3 C
$1,768.66
$1,605.581
$1,771.46
MON
HUGHES
ENTERPRIS
GOLDEN
POWER
DESCRIPTION
QTY
SUPPLY
ES
TRIANGLE
SEAL
U.S. FILTER
ITEM #3D: POLYETHELENE/PLASTIC METER BOXES
1. 314" CTS Service Tubing 200 PSI
1000
$0.15
0.16
$0.12
NB
NB
2. 1" CTS Service Tubing 200 PSI
4700
$0.21
021
$0.19
NB
N/B
3. 2" CTS Service Tubing 200 PSI
1000
$0.65
0.68
$0.65
NB
NB
4. Single Plastic Meter Box w/ lid
175
$7.15
7.77
$7..W
NB
NB
5. Dual Plastic Meter Box w/ lid
178
$7.15
7.77
$7.55
NB
NB
6. Single Plastic Lids only
93
$3.40
3.66
$2.90
NB.
NB
7. Commercial Jumbo Meter Box w/ lid
22
$18.50
17.75
$16.00
. NB
NB
SUB- TOTAL ITEM # 3 D
$5,034.15
5,300.69
$4,949.85
N/B
NB
TOTAL ITEM # 3
$9,092.03
$9,272.76
$9,060.51
ITEM #4: gate VALVES WIACCESSORIES
1. 2" Cl Screw type
16
$114.00
$112.50
$113.00
NB
NB
2.4" MJ
3
$197.00
$188.50
$196.30
NB
NB
3. 6" MJ
8
$252.00
$255.50
$25.1.00
NB
NB
4. 8" MJ
4
$397.00
$393.50
$394.00
N/B
NB
ITEM TOTAL # 4
$6,019.00
$5,983.50
$5,980.90
N/B
N/B
ITEM # 5A. - DUCTILE FITTINGS W/ACCESSORIES
1. 4" 45 Degree Ell
1
$26.65
$37.66
$28.90
NB
NB
2.4" 90 Degree Ell
1
$27.62
$39.27
$30.10
NB
N/B
3. 6" x 7" Solid Sleeve
3
$33.68
$47.88
$35.20
NB
N/B
4. 6" x 12" Solid Sleeve
2
$41.06
$58.64
$43.50
NB
N/B
5. 8" x 7" Solid Sleeve
2
$42.31
$60.79
$45.10
NB
NB
6. 8" x 12" Solid Sleeve
1
$52.58
$74.78
$55.75
NB
N/B
SUB - TOTAL # 5 A
$374.63
$534.21
$397.55
N/B
N/B
ITEM #513 CAST IRON FITINGS W/ACCESSORIES
1. 4" Cleanout Shoe
4
$33.00
$34.00
$33.25
N/B
NB
2. 18" x 24 " Valve Box
38
$14.00
$18.50
$15.40
NB
N/B
3.24" x 36" Valve Box
23
$18.50
$19.75
$21.45
NB
N/B
4. Valve Box Lid only
2
$3.90
$7.50
$6.45
NB
N/B
5. 23-1/2" Manhole Ring & Cover
26
$95.00
$116.75
$109.00
NB
NB
SUB -TOTAL # 5 B
$3,567.30
$4,343.75
$4,058.45
NB
N/B
ITEM # 5C.- CONCRETE MISCELLAENOUS
1. 3" Concrete Riser
58
$14.00
$10.50
$9.35
NB
NB
2. Concrete Double Meter Box Lid only
3
15.05
$15.34
$11.90
N/B
N/B
SUB - TOTAL # 5 C
$857.15
$655.02
$578.00
NB
- NB
ITEM # 5D. - MISCELLAENOUS
1. Hydrelock
12
$92.00
$93.19
$190.00
NB
NB
2. 3/4" x 4" - 1/2" T Bolt w/nuts (Corten)
20
$2.08
$1.90
$0.60
NB
N/B
3. 3/4" x 4" - 1/2" EYE -Botts w/nuts
48
$1.30
$3.40
$0.70
N/B
NB
4. 5/8" ALL Thread Rods (10')
120
$0.60
$8.40
$7.50
N/B
N/B
5. 5/8" nuts
36
$0.20
$0.20
$0.15
NB
NB
SUB - TOTAL # 5 D
$1,287.201
$2,334.68
$3.231.00
N/B
NB
ITEM TOTAL #5
$6,086.28
$7,867.66
$8,265.00
ITEM #'6 - WATER METERS
5/8" x 3/4" SENSUS SR II
435
NB
$46.00
NB
$35.50
TOTAL ITEM 06
$20,010.00
$15,442.50
GRAND TOTAL
$48,108.25
$54,434.72
$73,802.91
$12,771.49
$28,51725
OPTION
23- 1/2" MANHOLE RING & COVER w/logo
10
$115.00
$116.67
$115.00
NB
NB
OPTION TOTAL
$1,150.00
$1,166.70
$1,150.00
GRAND TOTAL W/OPTION
$49,25825
$55,601.42
$74,952.911
$12,771.49
$28,517.25
0 0
BIDDER'S LIST
SEALED BID # 0819- WATER & SEWER SUPPLIES
ACT PIPE & SUPPLY, INC.
8921 FREY ROAD
HOUSTON, TX 77034
HUGHES SUPPLY, INC.
7022 EAST HAVEN BLVD
HOUSTON, TX 77017
MUNICIPAL PIPE
6825 WALLISVILLE
HOUSTON, TX 77020
POWER SEAL
P.O.BOX 1011
MONTGOMERY TX, 77356
CHAMBER OF COMMEERCE
P.O.' BOX 996
LA PORTE TX, 77571
GOLDEN TRIANGLE PIPE
P.O. BOX 20137
BEAUMONT, TX 77720
MDN ENTERPRISES
1148 NEW CANEY
NEW CANEY, TX 77357
U.S.FILTER DISTRIBUTION
4053 HOMESTEAD ROAD
HOUSTON TX, 77028
BAYSHORE SUN - PUBLISH DATES
OCTOBER 15, 2000
OCTOBER 22, 2000
0
0 0
C
•
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 11 2000
Requested By: S- Gillett
Department: Public Works
Report: XX Resolution: Ordinance:
Exhibits: Bid Tabulation and Bidder's List
Exhibits:
Appropriation
Source of Funds: Motor Pool
Account Number: 009-7071-531-8050
001-7071-531-8021
Amount Budgeted: $135,732
Amount Requested: $129,252
Budgeted Item: YES XX NO
SUMMARY & RECOMMENDATION
Sealed bids were received on November 27, 2000 for the replacement of a Cab and Chassis with Aerial Lift and an
additional Tractor with 35' Rotary Slope Mower. Bid requests were mailed to five (5) vendors, with two (2)-
returning bids for the Cab and Chassis with Aerial Lift. Bid requests were mailed to four (4) vendors, with three (3)-
returning bids for the Slope Mower.
Low bid was submitted as follows:
Equipment Bidder Low Bid Budget
Cab and Chassis w/ Hi -Tech Rigging $ 51,982.00 $ 52,732.00
Aerial Lift & Equipment
Tractor with 35' Lansdowne Moody $ 77,270.00 $ 83,000.00
Delivery time for truck is 160 to 180 days. Delivery time for tractor is 120 to 150 days. Funds are budgeted for the
replacement of the truck in the Motor Pool Fund. Funds are budgeted for the addition of the tractor in the Street
Division Capital Budget.
Action Required by Council: Award low bid for the replacement of Cab and Chassis w/ Aerial Lift to
Hi -Tech Rigging for a cost of $51,982.00. Award low bid for the addition of Tractor with 35' Rotary
Boom Mower to Lansdowne Moody for a cost of $77,270.00.
Approved for City Council AEenda
•. l vex �-•�. � '2 - - �;
Robert T. Herrera, City Manager Date
BID TABULAnoN
BID #0823 - CAB & CHASSIS WITH AERIAL LIFT REBID
HI -TECH
TRUCK
RIGGING &
RIVER CITY
DESCRIPTION
QTY
EQUIP
HYDRAULICS
Cap & Chassis w/Aerial Lift
1
$51,982.00
$56,725.00
BIDDER'S UST
SEALED BID #0823
CAB & CHASSIS WITH AERIAL LIFT — REBID
HI -TECH TRUCK RIGGING & EQUIP LIFT ALL, DIV. OF HYDRATECH, INC.
610 MARTIN PO BOX 9738
HOUSTON, TX 77018 FT. WAYNE, IN 46899
ATTN: DANNY SMITH ATTN: MIKE
RIVER CITY HYDRAULICS
1411 NORTH HACKBERRY
SAN ANTONIO, TX 78208
ATTN: RALPH LaBORDE
TIME MANUFACTURING
PO BOX 20368
WACO, TX 76702
ATTN: LEROY MATHIS
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996
TG INDUSTRIES, INC.
PO BOX 109
ARMSTRONG, IA 50514
ATTN: CATHY EYGABROAD
BAYSHORE SUN PUBLISH DATES:
NOVEMBER 12, 2000
NOVEMBER 19, 2000
• 0
BID TABULATION
BID #0824 - TRACTOR WITH 35' ROTARY SLOPE MOWER
DESCRIPTION
QTY
LANSDOWNE-
MOODY CO
OIL CITY
TRACTORS
DALLAS FORD
NEW
HOLLAND
Tractor w/35' Rotary Slope Mower
1
$71,281.00
$72,163.00
$76,400.00
Option
Joy stick control
1
$5,989.00
$6,063.00
$6,395.00
Total w/Option
$77,270.00
$78,226.00
$82,795.00
BIDDER'S LIST
SEALED BID #0824
TRACTOR WITH 35' ROTARY SLOPE MOWER
DALLAS FORD NEW HOLLAND EWALD TRACTOR
1351 SOUTH LOOP 12 PO BOX 1287
IRVING, TX 75060 SEGUIN, TX 78156
LANSDOWNE MOODY
8445 1-10 East
HOUSTON, TX 77029
ATTN: BRAD FRYER
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996
OIL CITY TRACTOR
PO BOX 20419
BEAUMONT, TX 77720
ATTN: WESLEY RUSSELL
BAYSHORE SUN PUBLISH DATES:
NOVEMBER 12, 2000
NOVEMBER 19, 2000
0 0
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date
Requested By: Stephen Barr
Appropriation
of Funds: Bond Funds
Department: Parks & Recreation I I Account Number: GEN 833
Report: X Resolution:,,,_Ordinance:
Exhibits: San Jacinto Pool Replacement
Rresentatoon
Exhibits: C.I.P. Budget Sheet
Amount Budgeted: $450,000
Amount Requested: n/a
Budgeted Item: YES X NO
Exhibits:
SUMMARY & RECOMMENDATION
The City operates six swimming pools as a part of its park and recreation system. Three of the
six swimming pools; the Wave Pool, Northwest Pool and the RFC Pool; are specialty pools.
Next to the Wave Pool, our most successful pool in terms of attendance and revenue generation
is the Northwest Pool. Attendance at our three traditional pools is relatively low in comparison to
that of the specialty pools. Now that the City is in a position to replace the San Jacinto Pool, we
are looking at an alternative approach to the traditional pool concept.
Staff has been working with Mr. Terry Brannon of the Brannon Corporation, on a conceptual
approach for the San Jacinto Pool Replacement Project that was approved by voters as a part
of the 1999 Bond Election and supplemented with additional funding in this year's Budget. The
accompanying presentation details the approach and staff recommendation for the project
Staff feels that this type of pool would provide an additional needed feature to our aquatic
system that will improve the variety of recreation opportunities for our City. After reviewing with
Council, staff asks favorable consideration for proceeding with a contract for engineering and
architectural services with the Brannon Corporation to implement the "sprayground" concept in
the design of the San Jacinto Pool Replacement Project
Action ,�tQ, aWMd by Council:
Give direction on San Jacinto Pool Replacement Project
w.
Apgrovedt1d City Coung1 Agenda
/-00
rt T. Herrera, City Manager Date
SAN JACINTO SWIMMING POOL REPLACEMENT
In January 1999 voters approved the sale of $250,000 in general obligation
bonds for replacement of San Jacinto Swimming Pool. In providing estimates for
this proposed project, staff overlooked two key areas: 1) no estimates were
provided for demolition of the existing pool and 2) the estimate was derived from
an older project that did not reflect the recent increases in construction costs for
the Houston metropolitan area. Realistic estimates provided by an engineering
consultant for replacement of the San Jacinto Swimming Pool are on the order
of $450,000. Staff recommends Fund 036 as the source of additional funding of
$200, 000.
Proposed Budget $450,000
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creational
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_ ��
SAN JACINTO SWIMMING POOL REPLACEMENT
In January 1999 voters approved the sale of $250,000 in general obligation
bonds for replacement of San Jacinto Swimming Pool. In providing estimates for
this proposed project, staff overlooked two key areas: 1) no estimates were
provided for demolition of the existing pool and 2) the estimate was derived from
an older project that did not reflect the recent increases in construction costs for
the Houston metropolitan area. Realistic estimates provided by an engineering
consultant for replacement of the San Jacinto Swimming Pool are on the order
of $450,000. Staff recommends Fund 036 as the source of additional funding of
$200,000.
Proposed Budget $450,000
0 •
MEETING HANDOUTS