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HomeMy WebLinkAbout2000-12-11 Regular Meeting and Special Called Workshop Meeting0 0 9 0 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. • 0 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. 0 • 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 0 - 0 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 0 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: 0 0 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 2 0 0 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 3 0 0 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. 4 0 0 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 E 0 0 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. 6 0 City Manager Gary Smith City Clerk CITY OF BAYTOWN, TEXAS APPROVED: Date Date City of La Porte, TEXAS APPROVED: Authorized Official Date Attest Date 7 I] • (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 0 0 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 0 • ATTEST: ,Ind, Martha A. Gillett City Secretary APPROVED: Knox W. Askins City Attorney 0 0 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. 2 0 0 "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. 3 0 • 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. 4 0 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 5 • 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 0 0 • 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. 7 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. 0 0 r7 LJ 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 0 • 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 2 (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 11 0 • 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 E 0 • 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 10 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 12 0 0 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. 13 0 0 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 • 0 ATTEST: M rt a A. Gillett City Secretary APP VE Knox W. Askins City Attorney 0 • 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 t- . r.o _ Sa. � -a c ppve 00., a c' em it q P)mr- ff : a t - �w:.r l �� P � � F � 1 r�q�`s'•ZF'A,�t`-F 3.'�,s '. i�3. viS. �. Iii N rN I 112_; 1 a 2 --'-"-'2 IlA A"ItA PoulsUhie Wave, of, OW i 0 ur t L bay �:'w Northwest 0 P" t-11111111 a* f IS�.Is Palm Beach at Mood The San Jacinto -Pool " provides an opportunity to intA opportunities for the citizens of Vie. 6 creational r/'i.al,ty P(),-,lo s vs., nal.-.Poo,Js. 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' t k. _ .�z �r��'`.w��•�i Y.:W �: '' � 1 � � .r � �. � ; � � ,N �"� � 1 1 r• ��, �' i � ..� � � u �..; _: .}�,.. i � •r. , 4. �• r.' � ;� � - ,�'v- p ti:- � �tx�T Y 'r fin:. - - � � r:� � { ,�:' wr.. 4,.f fit' ':� � � � � - 3P- } s � • z t . °�1"h^�.�i;��•: y a e-e-r. µ • W also from timeo time, y from the Wave pool when the 600 Fw ,b r lit r is reached Tuun. 9, -:0 a V ar :`� 1-4 yam;'..g S w or S h c -1-itt e,..rb'- h-, s o t t I no -of ......... ro za - -- - - - - - - - tit i J­ J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ra� WS 6"logg"Al . Mg 4-V 1-f 6QI — I I Is :,oil ,�, s� . �.:': t:.. �; ' -i :��.:; _ �� 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