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Home My WebLink About2001-09-24 Regular Meeting, Public Hearing and Special Called Workshop Meeting ...... e e e e MINUTES OF THE REGULAR MEETING, PUBLIC HEARING AND SPECIAL CALLED WORKSHOP MEETING OF LA PORTE CITY COUNCIL SEPTEMBER 24, 2001 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 7:00 p.m. Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken, Howard Ebow, Peter Griffiths, Alton Porter, James Warren, Charlie Young, Jerry Clarke, and Mayor Norman Malone. Members of Council Absent: None Members ofCitv Executive Staff and City Employees Present: City Manager Robert T. Herrera, Assistant City Attorney John Armstrong, Assistant City Manager John Joerns, City Secretary Martha Gillett, Finance Director Cynthia Alexander, Director of Administrative Services Carol Buttler, Parks and Recreation Director Stephen Barr, Public Works Director Steve Gillett, Purchasing Manager Susan Kelley, Emergency Services Director Joe Sease, Planning Director Doug Kneupper, Police Chief Richard Reff, Golf Pro Alex Osmond, Fire Marshal Paul Hickenbottom, Secretary to Assistant City Manager Crystal Scott, Building Official Debbie Wilmore, and Support Services Lieutenant Ron Parker. Others Present: Monica Lopez, Sib Carpenter, Thran G. Nguyen, Que Trinh, John Sparks, Kathleen Fine, B. Don Skelton, A. R. Moosa, Roy Myers, Laura Hernandez, Sean Dilacros, Travis Barnett, Makiesha Harden, Long V 0, Mary Morgan, Dave Turnquist, and Silvio Rocha. 2. Reverend David Morgan, First Baptist Church of La Porte, delivered the invocation. 3. Council considered approving the Minutes of the Special Called Workshop Meeting of La Porte City Council held on September 8, 2001, and the Minutes of the Regular Meeting, Public Hearings, and Workshop Meeting of La Porte City Council held on September 10, 2001. Motion was made by Councilperson Ebow to approve the minutes ofthe Special Called Workshop Meeting held on September 8. 2001 and the minutes of the Regular Meeting. Public Hearings. and Workshop Meeting of La Porte City Council Meeting held on September 10. 2001as presented. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None e e City Council Minutes 09-24-01 - Page 2 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND T AXP AYERS WISHING TO ADDRESS COUNCIL The following citizens addressed City Council: Dr. A. R. Moosa - 1007 S. Broadway, La Porte, TX 77571 - Thank you to Inspections for their professional and timely service on a job well done. October 30th is Open House at his new office. Thank you to all of La Porte's citizens for being supportive during the nation's time of crisis. Mayor Malone read a letter from Gerard Robins Company complimenting the Inspections Department. 5. PRESENTATIONS John Joerns presented Crystal Scott with the award for Employee of the Year for 2000. Ms. Scott was accompanied by her son, Jeremy McNeal, and her father, Lawrence McNeal. Richard Reffpresented Ron Parker with the award for Manager of the Year for 2001. Mr. Parker was accompanied by his wife, Mrs. Parker. 6. Open Public Hearing - Mayor Malone opened the Public Hearing at 7: 18 PM. Review by Staff - Debbie Wilmore presented summary and recommendation of dangerous buildings by the Building Board of Inspection. B. Don Skelton - 518 S. 4th Street, La Porte, TX 77571 spoke on behalf of his brother. He informed Council his brother is disabled and wants to be provided three months to clean out the home and have it demolished. Council agreed to his request. Monica Lopez - 916 Sharie, Deer Park, TX 77536 (9602 Andricks, warehouse on Andricks) requested Council provide her with three months time to demolish the building herself. Council agreed to her request. Que Thi Trinh - 2815 & 2817 Old Highway 146, La Porte, TX 77571 explained to the Council that he purchased the property and was not aware of any problems. After the purchase, he discovered the surveyor had provided him with a survey of a different property. He asked Council to consider not condemning the structure to allow him to file against the title company and surveyor. Mr. Trinh acknowledged he had no problem with the City. Council agreed to grant him a three-month time period to take care of his business. Assistant City Attorney Armstrong recommended Mr. Trinh contact his attorney and have him contact Mr. Armstrong. e e City Council Minutes 9-24-01 - Page 3 Recommendation ofthe Board ofInspection - Debbie Wilmore informed City Council the Building Board recommended demolition. Close Public Hearing - Mayor Malone closed the Public Hearing at 7:57 PM. 7. Council considered approving Ordinances 2001-2511(A-G): Assistant City Attorney read: ORDINANCE 2001-2511-A-G - ORDINANCES DECLARING THE BUILDINGS LOCATED ON LOT(S) SPECIFIED IN EACH ORDINANCE CAPTION; ADDITION Town of La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT NAMES SPECIFIED IN EACH ORDINANCE ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Motion was made by Councilperson Porter to approve Ordinances 200 1-2511( A-G) as presented by Ms. Wilmore and allowing the three persons the requested additional three months and place them at the end of the demolition list. Second by Councilperson Griffiths. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 8. Council considered approving or other action regarding a Resolution 2001-10 authorizing representative and alternate for the H-GAC 2001 General Assembly and Board of Directors. Mayor Norman Malone presented summary and recommendation and answered Council's questions. A RESOLUTION 2001-10 OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, DESIGNATING AS THE REPRESENTATIVE AND AL TERNA TE OF THE GENERAL ASSEMBLY OF THE HOUSTON-GALVESTON AREA COUNCIL FOR THE YEAR 2002 BE COUNCILMAN GUY SUTHERLAND, WITH AL TERNA TE BEING JERRY CLARKE. Motion was made by Councilperson Porter to appoint Sutherland as the Representative and Clarke as the Alternate and to approve Resolution 2001-10 as presented by Mayor Malone. Second by Councilperson Engelken. The motion carried. e e City Council Minutes 09-24-01 - Page 4 Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 9. Council considered approving Resolution 2001-11 approving the closing of West Main Street between First Street and Fourth Street in the City of La Porte, Texas, on November 3,2001 from 6:45 AM. to 6:00 P.M. City Manager Bob Herrera presented summary and recommendation and answered Council's questions. Assistant City Attorney read: A RESOLUTION 2001-11 OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, APPROVING THE CLOSING OF WEST MAIN STREET BETWEEN FIRST STREET AND FOURTH STREET IN THE CITY OF LA PORTE, TEXAS, ON NOVEMBER 3, 2001 FROM 6:45 AM. TO 6:00 P.M. Motion was made by Councilperson Engelken to approve Resolution 2001-11 presented by Mr. Herrera. Second by Councilperson Clarke. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 10. Council considered approval or other action regarding Resolution 2001-12 establishing intent to promote and utilize East "E" Street right-of-way from North First Street to the alley between North Seventh and North Eighth streets as a buffer between commercial areas on Barbour's Cut and residential areas. Assistant City Manager John Joerns presented a summary and made a recommendation and answered Council's questions. Assistant City Attorney read: THIS IS A RESOLUTION 2001-12 ESTABLISHING INTENT TO PROMOTE AND UTILIZE NORTH "E" STREET RIGHT-OF-WAY FROM NORTH FIRST STREET TO THE ALLEY BETWEEN NORTH SEVENTH AND NORTH EIGHTH STREET AS A BUFFER BETWEEN COMMERCIAL AREAS ON BARBOUR'S CUT BOULEVARD AND RESIDENTIAL AREAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Warren to approve Resolution 2001-12 as presented by Mr. Joerns. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None e e City Council Minutes 09-24-01- Page 5 11. Council considered approval or other action regarding Ordinance 2001-2512 between the City of La Porte and the Port of Houston Authority of Harris County, Texas, for fire suppression services. Emergency Services Director Joe Sease presented summary and made a recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2001-2512 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR FIRE SUPPRESSION SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Ebow to approve Ordinance 2001-2512 as presented by Mr. Sease. Second by Councilperson Clarke. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 12. Council considered approval or other action regarding Ordinance 2001-2513 authorizing a contract between the City of La Porte and the Association of Bayport Companies, Inc., for emergency medical services. Emergency Services Director Joe Sease presented summary and made a recommendation and answered Council's questions. City Attorney read: ORDINANCE 2001-2513 -AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC., FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Griffiths to approve Ordinance 2001-2513 as presented by Mr. Sease. Second by Councilperson Porter. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None e e City Council Minutes 09-24-01 - Page 6 13. Council considered approval or other action regarding Ordinance 2001-2514 approving and authorizing a contract between the City of La Porte and the City of Morgan's Point, for emergency 911 dispatch and jail services, fire suppression services, and emergency medical services. Emergency Services Director Joe Sease presented summary and made a recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2001-2514 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE CITY OF MORGAN'S POINT, FOR EMERGENCY 911 DISPATCH AND JAIL SERVICES, FIRE SUPPRESSION SERVICES, AND EMERGENCY MEDICAL SERVICES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Griffiths to approve Ordinance 2001-2514 as presented by Mr. Sease. Second by Councilperson Young. There was further discussion on the matter and Motion was made by Councilperson Porter to table the item until the next City Council Meeting. Second by Councilperson Griffiths. Ayes: Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: Sutherland Abstain: None 14. Council considered approval or other action regarding Ordinance 2001-2515 approving and authorizing a contract between the City of La Porte and the Port of Houston Authority of Harris County Texas, for emergency medical services. Emergency Services Director Joe Sease presented summary and made a recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2001-2515 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR EMERGENCY MEDICAL SERVICES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Ebow to approve Ordinance 2001-2515 as presented by Mr. Sease. Second by Council person Clarke. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None e e City Council Minutes 09-24-01- Page 7 15. Council considered approval or other action regarding Ordinance 2001-2516 approving and authorizing an agreement between the City of La Porte and RCC Consultants, Inc., to perform Phase I of the communications project, including needs assessment, conceptual system design, and preparation of budgetary cost estimates. Emergency Services Director Joe Sease presented summary and made a recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2001-2516 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND RCC CONSULTANTS, INC., TO PERFORM PHASE I OF THE COMMUNICATIONS PROJECT, INCLUDING NEEDS ASSESSMENT, CONCEPTUAL SYSTEM DESIGN, AND PREP ARA TION OF BUDGETARY COST ESTIMATES, APPROPRIATING NOT TO EXCEED $99,227.50, 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. Motion was made by Councilperson Young to approve Ordinance 2001-2516 as presented by Mr. Sease. Second by Councilperson Clarke. There was further discussion on this item. Motion was made by Porter to table the item until a future City Council Meeting. Second by Councilperson Griffiths. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 16. Council considered approval or other action regarding Ordinance 2001-2517 authorizing the City Manager to execute a professional services contract with Geographic Technologies Group, Inc., for GIS needs assessment and implementation planning. Planning Director Doug Kneupper presented summary and made a recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2001-2517 - AN ORDINANCE AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND GEOGRAPHIC TECHNOLOGIES GROUP, INC., FOR PROVIDING A GIS NEEDS ASSESSMENT AND IMPLEMENTATION PLAN; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Ebow to approve Ordinance 2001-2517 as presented by Mr. Kneupper. Second by Councilperson Clarke. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None e e City Council Minutes 09-24-01 - Page 8 17. Council considered a consent agenda as follows: A Consider awarding annual contract to furnish reinforced concrete pipe to Hanson Pipe and Products in the amount of $25,710. B. Consider awarding bid for Section I to Carr's City Tire and Sections II & III to A to Z Tire Company, low bidders meeting specifications. C. Consider awarding bid for heavy trucks and acceptance of optional trade in allowances to Houston Freightliner, low bidder. D. Consider awarding bid for vehicles for Items 1,2,5 & 7 to Philpott Ford and Items 3,4 & 6 to Lawrence Marshall. Item D was removed for discussion. Mr. Gillett recommended Items 1,2,5 & 7 be awarded to Philpott Ford and Items 3 & 6 to Lawrence Marshall. Motion was made by Councilperson Engelken to approve the Consent Agenda with changes as presented by Steve Gillett. Second by Councilman Griffiths. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None 18. Workshop was called to order by Mayor Malone at 8:57 PM. The following items were discussed during the workshop session: A Discuss approval of Ordinance establishing a new rate and fee structure for Bay Forest Golf Course to be effective October 1,2001 - A Osmond. B. Discuss request submitted by Casual Catering to sublease a portion of the Tri-Star Aviation lease at La Porte Municipal Airport - J. Joerns. Council recommended not to send through the Planning and Zoning Committee for land use recommendation. Council favors the concept of a restaurant at the airport. FAA regulations will be considered. Close Workshop Meeting and reconvene Regular Meeting at 9:45 P.M. 19. Consider approval or other action regarding an Ordinance 1587-L establishing a new rate and fee structure for Bay Forest Golf Course to be effective October 1,2001. Motion was made by Councilperson Clarke to table this item as presented by Mr. Osmond until the next Council Meeting on October 8. 2001. Second by Councilperson Griffiths. The motion carried. e e City Council Minutes 09-24-01 - Page 9 Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None 20. Administrative Reports City Manager Bob Herrera thanked City Council for attending the Council Retreat. He reminded Council of the upcoming Salute to Industry Banquet on September 27, 2001 and the Redistricting Meetings to be held October 1 st, 15th and 29th. 21. Council members Young, Warren, Porter, Griffiths, Ebow, Engelken, Sutherland, Clarke and Mayor Malone brought items to Council's attention. There being no further business to come before Council, the Regular Meeting was duly adjourned at 9:57 PM. Respectfully submitted, i!l~~j1AM City Secretary Passed and approved on this 8th day of October 2001. !b~!:t:I~ e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 24, 2001 Appropriation D. Wilmore ~~ Source of Funds: General Funds Requested By: Department: Planning Account Number: #001-9092-524-6021 Report: X Resolution: Ordinance: X Amount Budgeted: $54.000.00 Amount Requested: List of Dangerous Buildings and Owners Exhibits: Budgeted Item: YES NO Mailing List for Neighbors Exhibits: Exhibits: Inspection Reports and Slide Presentation Exhibits: Condemnation Ordinances SUMMARY & RECOMMENDATION City Council is asked to consider condenming and ordering the demolition of seven (7) substandard structures. A Council regular meeting was held on August 27,2001, to review the fmdings of the Board of Inspection and authorize a public hearing to consider these structures. Subsequent to this meeting, as required by Ordinance #97- 2198; Article VIII; Section 82-478 of the Code of Ordinances, a notice was published in the Bayshore Sun. Certified letters containing public notices were mailed to the owner(s) of the buildings in questions. The pwpose of this public hearing is to take property owner and citizen comments as to why each of the structures should or should not be condemned and demolished. Following the close of the hearing, Council will be asked to consider condemnation of the structures. A separate ordinance is required to condemn each of the structures. As of the preparation of this request, all seven (7) structures remain and a condemnation ordinance has been prepared for each structure. One complete ordinance is attached for reference. As the ordinances are all in a standardized form, in the interest of reducing the bulkiness of the agenda packet, only cover pages and inspection reports have been included for the other ordinances. The Dangerous Building Board of Inspection (Chief Building Official, Fire Marshal and Fire Chief) unanimously recommend that all seven (7) of the dangerous buildings be condemned and demolished. Action Required by Council: 1. Conduct Public Hearing. 2. Consider passing ordinances condenming each of the seven (7) substandard structures. Approved for City Council A2enda q.f\1.0l Date e e DANGEROUS BUILDING. SUMMER 2001 GROUP Mailing List to Interested Parties The following list represents a list of the parties who received a letter notifying them of the public hearing date. The parties shown are property owners and/or neighbors within the same block or parties who have voiced concerns regarding the structures. 1) 606 So. Utah David L. Couch - 9910 N. Avenue H - La Porte, Tx 77571-2518 Bob H. Harper - 622 S. Utah St. - La Porte, Tx 77571-5563 Lillian Inez Lunday - 618 S. Utah St. - La Porte, Tx 77571-5563 Mark Anthony & Laura Gomez - 614 S. Utah St. - La Porte, Tx 77571-5563 Evelyn M. Moore - 610 S. Utah St. - La Porte, Tx 77571-5563 Andrew A. Jr. & Arvie D. Palmer - 602 S. Utah St. - La Porte, Tx 77571-5563 Manuel & Consuelo Gamez - 601 S. Utah St. - La Porte, Tx 77571-5562 Shirley Ann Ekstrom - 609 S. Utah St. - La Porte, Tx 77571-5562 Mrs. Betty Norwine - 613 S. Utah St. - La Porte, Tx 77571-5562 W. Ethyllene Wyatt - 617 S. Utah St. - La Porte, Tx 77571-5562 John S. Swint - 621 S. Utah St. - La Porte, Tx 77571-5562 2) 110 So. 3rd Street Kevin & Chad Smith - Box 1022 - La Porte, Tx 77572-1022 Marion S. Jr. & Vicki L. Capise - 319 W. Main St. - La Porte, Tx 77571-5001 Ralph & Mary Boyd - 321 W. Main St. - La Porte, Tx 77571-5001 Robert L. Biaza, Jr. & Brenda G. Brown - Box 162 - La Porte, Tx 77572-0162 Robert L. Gans - 1103 Baymeadow Dr. - Houston, Tx 77062-2707 HaroldD. Wood-8503 LazyBrookLn.-LaPorte, Tx 77571-3771 George W. & Lue Ella Merritt % James C. Counts - 10219 Belfast Rd.- La Porte, Tx 77571-4203 Royce N. Hovey, Jr. & Mary E. Jackson - 310 S. 1st - La Porte, Tx 77571-0000 Gilbert Lopez - 608 E. Main St. - La Porte, Tx 77571-5522 G. David Bruk - 421 Slossen St. - Webster, Tx 77598-5111 3) 212 N. 8th Street Doyle B. Lohman - 228 N. 8th St. - La Porte, Tx 77571-3216 Edward D. & Virginia Dietze - 5202 Crestway Dr. - La Porte, Tx 77571-2808 La Porte Worship Center - Box 77 - La Porte, Tx 77572-0077 Process Products, Inc. - Box 1724 - La Porte, Tx 77572-1724 e e Mailing List to Interested Parties - Dangerous Buildings, Summer 2001 Page 2 4) 518 So. 4th Street Charles Martin - 1424 Waseca St. - Houston, Tx 77055-4412 Baldemar & Maria S. Lozano - 511 S. 4th St. - La Porte, Tx 77571-5035 Severo & Julie G. Jaime - 513 S. 4th St. - La Porte, Tx 77571-5035 Gustavo M. & Dayandra Aguilera - 527 S. 4th St. - La Porte, Tx 77571-5035 W. S. Baker - 531 S. 4th St. - La Porte, Tx 77571-5035 Kenneth Crumpler - 3030 County Rd. 62 - Rosharon, Tx 77583-6110 Noel Trevino - 508 S. 4th St. - La Porte, Tx 77571-5036 5) liON. 5th Street Gerald B. Carpenter - 606 W. Main St. - La Porte, Tx 77571-4962 R. L. Reeder - Box 700 - La Porte, Tx 77572-0700 Alfonso Jr. & Maria N. Gutierez - 129 N. 5th St. - La Porte, Tx 77571-3425 Allen & Kerber Parts, Inc. - 518 W. Main St. - La Porte, Tx 77571-5006 Brent Heckendom-3511 W. Country Club Dr.-LaPorte, Tx 77571-7142 6) 2815&281701dHwy.146 John A. & Jerry Harp - 3911 Dolphin Ln. - La Porte, Tx 77571-7326 David C. Steelhammer - 5922 Beaudry Dr. - Houston, Tx 77035-2306 H. Carlos Smith & James Beck - Box M - La Porte, Tx 77571-1943 Steve Valerius - 55 Waugh Drive - P. O. Box 1343 - Houston, Tx 77251 William O. Jr. & Frances Strong - 2711 Crescent Dr. - La Porte, Tx 77571 7) 9605 E. Andricks Anatex Corp. -7222 Spencer Hwy. - Pasadena, Tx 77505-1808 Russell Wayne French -726 Canyon Springs Dr. - La Porte, Tx 77571-2744 Russell W. French - 9617 E. Andricks Rd. - La Porte, Tx 77571-3893 Gary L. & Cynthia Botkin -7115 Lovers Ln. - Gatesville, Tx 76528-0000 David A. & Jane M. Chelette - 9614 E. Andricks - La Porte, Tx 77571-3892 S. Paulette Hale - 3102 Andricks Rd. - La Porte, Tx 77571-3814 Frederick Damian, Sr. - 3106 Andricks Rd. - La Porte, Tx 77571-3814 Nolan & Jill Champagne - 3109 Andricks Rd. - La Porte, Tx 77571-3813 S:\CPShare\Code Enforcement\Neighbor's Mailing List.doc Rev. Sept. 200 I e e DANGEROUS BUILDINGS NOTIFICATION LIST Summer 2001 Group September 11,2001 1) 606 So. Utah (Single Family Dwelling in Residential Zone) Tax Roll: John D. Sparks - 606 So. Utah 5t. - La Porte, Tx 77571-5563 Deed: John D. Sparks, Jr. - 606 So. Utah St. - La Porte, Tx 77571-5563 07/06/01 : Courtesy letter to tax roll owner - No verbal or written response 09-11-01 Certified letter & copy by regular mail sent to tax & deed names. HCAD: #024-017-052-0025 Taxes: $6,349.19 Balance Mowing/Clean-UplLiens: $ 75.00 Balance 2) 110 So. 3rd Street (Single Family Dwelling in General Commercial Zone) Tax Roll: C.O. Crenshaw Est. C/O Edward J. Cade 114 N. 3rd St. - La Porte, Tx 77571 Deed: Edward J. Cade, Trustee - 114 N. 2nd Street - La Porte, Tx 77571 07/06/01: Courtesy letter to tax roll owner - No verbal or written response 09-11-0 I Certified letter & copy by regular mail sent to tax & deed names. HCAD: #023-177-040-0024 Taxes: $19,876.47 Balance Mowing/Clean-Up Liens: $ 122.88 Balance 3) 212 N. 8th Street (Single Family Dwelling in General Commercial Zone) Tax Roll: Johnny Joe Evans - 212 N. 8th Street - La Porte, Tx 77571 Deed: Johnny Joe & Patricia Althea Evans - 212 N. 8th Street La Porte, Tx 77571 07/06/01: Courtesy letter to tax roll owner - No verbal or written response 09-11-0 I Certified letter & copy by regular mail sent to tax & deed names. HCAD: #023-198-068-0010 Taxes: $15,005.21 Balance Mowing/Clean-Up Liens: $ 75.00 Balance 4) 518 So. 4th Street (Single Family Dwelling in Residential Zone) Tax Roll: Kerry L.Skelton - P. O. Box 953 - La Porte, Tx 77572-0953 Deed: Same 07/06/01: Courtesy letter to tax roll owner - No verbal or written response 09-11-01 Certified letter & copy by regular mail sent to tax & deed names. HCAD: #023-221-013-0022/0023 Taxes: $ 0 Balance Mowing/C1ean-Uo Liens: $ 0 Balance e e Notification List on Dangerous Buildings Page 2 5) 110 N. 5th Street (Single Family Dwelling in General Commercial Zone) Tax Roll: C. B. Ashlock (Capt.) - 10806 N. Avenue P - La Porte, Tx 77571 La Porte, Tx 77572-0953 Deed: Virginia & Caleb Ashlock-l0806 N. Avenue P La Porte, Tx 77571 07/06/01: Courtesy letter to tax roll owner - Mrs. Ashlock contacted City by telephone, has no objection to the demolition. 09-11-0 I: Certified letter & copy by regular mail sent to tax & deed names. HCAD: #023-189-000-0007 Taxes: $ 0 Balance Mowing/Clean-Up Liens: $ 0 Balance 6) 2815 & 2817 Old Hwy 146 (Commercial Buildings in Residential Zone) Tax Roll: Deed: 07/06/01 : Que Thi Trinh - 2815 Old Hwy. 146 - La Porte, Tx 77571 Joann V. Carter - 2701 Patio St. - Longview, Tx 75605-2137 Courtesy letter to tax roll owner - Staff spoke with Mr. & Mrs. Trinh at site, they are filing against others for what they feel is mis-representation of the property. Certified letter & copy by regular mail sent to tax & deed names. #040-244-001-0056 $2,990.12 Balance $ 0 Balance 09-11-01 : HCAD: Taxes: Mowing/Clean-Up Liens: 7) 9605 E. Andricks (Commercial Building in Residential Zone) Tax Roll: Jesse & Monica Lopez - 916 Sharie - Deer Park, Tx 77536-3326 Deed: A. Janie Simmons - 9815 Dover Hill- La Porte, Tx 77571 07/06/01: Courtesy letter to tax roll owner - No verbal or written response 09-11-01: Certified letter & copy by regular mail sent to tax & deed names. HCAD: #084-289-000-0178 Taxes: $1,886.15 Balance Mowing/Clean-Up Liens: $ 0 Balance e e City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: AUlZUSt 09. 2001 STREET ADDRESS: 606 So. Utah John D. Soarles Jr. - 606 So. Utah Sl. - La Porte. Tx 77571-5563 OWNER (DEED): OWNER (TAX ROLL): LEGAL: John D. Soarles - 606 So. Utah Sl. - La Porte. Tx 77571-5563 Blk. 252: Lots 25.26: Town of La Porte OCCUPANCY TYPE: Residential Y ZONING: R-l FACILITIES A V AILABLE: WATER: Y SEWER: ELECTRICAL: Y Y GAS: VACANT: NO.OF DWELLING UNITS: OCCUPIED: Y AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (l) 1) LXJ 2) LXJ 3) LXJ 4) BECAUSE OF F AUL TY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY A COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDmON OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SUCH STRUCTURE; OR . BECAUSE OF ITS CONDmON, IT IS DANGEROUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBO~G STRUCTURES. ~: SEE BUILDING EV ALUA TION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: IN ACCORDANCE WITH THE 1994 EDmON OF THE STANDARD HOUSING CODE. AS ADOPTED AND ENACTED BY THE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE VI. SECTION 82-411 AND ORDINANCE #97-2198. USING THE CODE AS ITS GUIDE. IT IS THE OPINION OF THIS INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. NOT REPAIRABLE. AND SHOULD BE DEMOLISHED. THIS BUILDING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STANDARDS DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A THREAT TO PUBLIC SAFETY. HEALTH AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE. ~\ ~ ~ ~~L/~7~ OFFICE OFFICE xQ,~~~ BUILDING OFFICIAL'S OFFICE e e A = Adequate BUTI..DING EVALUATION CHECKLIST N/A = Not Applicable l. STRUCTURAL A. Foundation 1. Slab . 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls I. Exterior 2. Interior C. Means of Egress I. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof I. Rafters 2. Deck, Shingles E. Ceilings I. Joists 2. Ceiling F. Floors G. Otber II. MEHCANICAL SYSTEMS A. Electrical I. Service Entrance & Panei 2. Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing I. Fixtures a. Sink b. Lavatories c. Water/Closets d. Tub/Shower e. Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC I. Heating 2. Air Conditioning m. PROPERTY CONDITIONS D = Deficient ~ ~ ~ ~ ~ ~ --1L- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ---IL- -A- -A- -1L- ~ ...!In!L ...lli!!L ~ ~ --1lnL I. Accessory Structures 2. Condition of GroWlds ~ 3. Other Comments: Suildinl!: has Seoarated Possible Seotic Tank in Back Yard COMMENT / EXPLANATION Unable to Insoect Due to Debris N/A N/A N/A Holes Visible Holes. Detiorated Hard to Ooen/Close Missinl!: Missinl!: Framinl!: Rotten Rotted Rot. Hole in Roof Rotted Fallinl!: In. Holes Unable to Insoect Due to Debris Not to Code Not to Code Not to Code Not to Code Missinl!: Fallinl!: Down Missinl!: Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect No Outside Unit N/A City has to Mow N/A 08-2001 Rev. S:\CfShare\Code Enforcement\D B Insp Form Sparks.doc e e City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: AUl!ust 09 2001 STREET ADDRESS: 110 So. 3'" Street OWNER (DEED): Edward 1. Cade. Trustee -114 N.:zM Street- La Porte. Tx 77571 OWNER (TAX ROLL): C. O. Crenshaw Est. C/O Edw 1. Cade -114 N. 3'" - La Porte. Tx 77571-3410 LEGAL: BIle 40: Lots 24~28: Town o(La Porte OCCUPANCY TYPE: Residential ZONING: G.C. F ACll.ITIES A V AILABLE: WATER: Y SEWER: Y ELECTRICAL: Y GAS: Y NO.OF DWELLING UNITS: VACANT: Y OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: uu 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR uu 2) BECAUSE OF F AUL TY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY A COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SUCH STRUCTURE; OR BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALlli AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEAL lli OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. (-l 3) U 4) NOTE: SEE BUILDING EV ALUA TION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: IN ACCORDANCE Willi THE 1994 EDITION OF THE STANDARD HOUSING CODE. AS ADOPTED AND ENACTED BY THE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE VI. SECTION 82-411 AND ORDINANCE #97-2198. USING THE CODE AS ITS GUIDE. IT IS THE OPINION OF THIS INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STll.L REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR AL TERA TION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VITI. SECTION 82-478 OF THE CITY'S CODE OF ORDINANCES. IT IS THEN THE OPINION OF THIS INSPECTION BOARD THAT THIS BUILDING BE DEMOLISHED. X~8?iJ::iW BUILDING OFFICIAL'S OFFICE ~~~~~~ IRE HAL'S / IRE CHIEFS OFFICE . OFFICE A = Adequate D = Deficient N/A = Not Applicable I. STRUCTURAL COMMENT / EXPLANA IION A. Foundation I. Slab N/A 2. Pier & Beam a. Footings --IL- House Sittinll on the Ground b. Sills --IL- Rotted c. Joists ~ Unable to Insoect B. Walls I. Exterior --IL- Holes Visible 2. Interior ~ Unable to Insoect C. Means of Egress I. Doors a. Interior ~ Unable to Insoect b. Exterior ----A- 2. Porches, Steps, Stairs --IL- Porch Needs Reoair. Rotten 3. Windows --IL- Sills Need Reoair D. Roof I. Rafters ~ Unable to Insoect 2. Deck, Shingles --IL- SilZlls of Rot E. Ceilings I. Joists ~ Unable to Insoect 2. Ceiling ~ Unable to Insoect F. Floors ~ Unable to Insoect G. Other e II. MEHCANICAL SYSTEMS A. Electrical I. Service Entrance & Panel 2. Wiring 3. Lights, Switches 4. Outlets 5. Other ,.... B. Plumbing I. Fixtures a. Sink b. Lavatories c. Water/Closets d. Tub/Shower e. Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC I. Heating 2. Air Conditioning Ill. PROPERTY CONDITIONS e BUILDING EVALUATION CHECKLIST ~ ~ ~ ~ Interior Panel - Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect ~ .3.l!!L- --!.l.n!L ~ ~ ~ Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect .Jln!L --!.l.n!L ~ Unable to Insoect U nab Ie- to Insoect Unable to Inspect --!.l.n!L ~ Unable to Inspect No Unit Visible N/A PropertY Mowed N/A I. Accessory Structures 2. Condition of Grounds ----A- 3. Other Comments: House Secured - Unable to Insoect Interior - Exterior Insoection Onlv 08-2001 Rev. S:\Cli'Share\Code Enforcement\D B Insp Form Cade.doc e e City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: AUlZust 09. 2001 STREET ADDRESS: 212 N. 8th Street OWNER (DEED): Johnny Joe & Patricia Althea Evans - 212 N. 8111 Street - La Porte. Tx 77571-3216 OWNER (TAX ROLL): Johnnv Joe Evans - 212 N. 8111 Street- La Porte. Tx 77571-3216 LEGAL: Blk. 68: Lots 10-12: Town o[La Porte OCCUPANCY TYPE: Residential ZONING: FACILITIES AVAll.,ABLE: WATER: Y SEWER: G.C. Y ELECTRlCAL: Y GAS: Y NO.OF PWELLING UNITS: VACANT: Y OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: UU I) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR U 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY A COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR UU 3) BECAUSE OF ITS CONDmON OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SUCH STRUCTURE; OR BECAUSE OF ITS CONDmON, IT IS DANGEROUS TO PUBLIC HEALTH AND MA Y CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCllPANTS OF IT OR NEIGHBORING STRUCTURES. ~: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF TIllS REPORT. .r ,#1~... UU 4) FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: IN ACCORDANCE WITH THE 1994 EDITION OF THE STANDARD HOUSING CODE. AS ADOPTED AND ENACTED BY THE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE VI. SECTION 82-411 AND ORDINANCE #97-2198. USING THE CODE AS ITS GUIDE. IT IS THE OPINION OF TIllS INSPECTION BOARD THAT TIllS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR AL TERA TIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR AL TERA TION ORDER IS NOT COMPLIED WITH wmnN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478 OF THE CITY'S CODE OF ORDINANCES. IT IS THEN THE OPINION OF TIllS INSPECTION BOARD THAT TIllS BUILDING BE DEMOLISHED. ~ BUILDING OFFICIAL'S OFFICE G& .~ / ~ :<'l?rIc, ~::::=-J< ~ IRE MARSHAL'S 4.- / CffiEF'S . OFFICE OFFICE e e A = Adequate BUILDING EVALUATION CHECKLIST N/A = Not Applicable 1. STRUCTURAL A. Foundation I. Slab 2. Pier & Beam a. F cotings b. Sills c. Joists B. Walls I. Exterior 2. Interior C. Means of Egress I. Doors a. Interior b. Exterior 2. Porches. Steps. Stairs 3. Windows D. Roof I. Rafters 2. Deck. Shingles E. Ceilings I. Joists 2. Ceiling F. Floors G. Other II. MEHCANICAL SYSTEMS A. Electrical I. Service Entrance & Panel 2. Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing I. Fixtures a. Sink b. Lavatories c. Water/Closets d. Tub/Shower e. Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. . Gas System C. Heating & AlC I. Heating 2. Air Conditioning III. PROPERTY CONDITIONS D = Deficient -1lnL. ---IL- -1lnL. -1lnL. ~ ~ ---6..- ---IL- ---IL- -1lnL. -1lnL. -1lnL. -1lnL. -1lnL. -1lnL. -1lnL. -1lnL. -1lnL. -1lnL. -1lnL. -1lnL. -1lnL. ~ -1lnL. . -1lnL. -1lnL. -1lnL. I. Accessory Structures 2. Condition of Grounds ---IL- 3. Other Comments: COMMENT / EXPLANATION Exterior Cracks Visible - Walls Shiftinl! N/A N/A N/A Exterior Cracks Visible Unable to Insoect Unable to Insoect Rotted Hole in Roof Unable to Insoect Unable to Insoect Unable to Insoect Exterior Panel Locked - Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Has Outside Unit N/A City has to Mow N/A House Secured - Unable to Insoect Interior - Exterior Insoection OnIv S:\C~Share\Code Enforcement\D B Insp Form Evans.doc 08-2001 Rev. e e City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: AUl!ust 09.2001 OWNER: STREET ADDRESS: N/A 518 So. 4th Street Kerry Lamond Skelton AGENT: MAILING ADDRESS: LEGAL: P.O. Box 953 La Porte Tx 77572-0953 Blk. 113: Lots 21-24: Town of La Porte OCCUPANCY TYPE: Residential Y ZONING: R-l F ACILITIES AVAILABLE: WATER: Y SEWER: ELECTRICAL: Y GAS: Y VACANT: NO.OF DWELLING UNITS: Y OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECfION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: UO I) lX.J 2) (~ 3) lX.J 4) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER.CAUSE, IT IS LiABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY A COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LA WFUL OCCUPANTS OF SUCH STRUCTURE; OR BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEAL TIl AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. NOTE: SEE BUILDING EV ALUA TION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF TIllS REPORT. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: IN ACCORDANCE WITH THE 1994 EDITION OF THE STANDARD HOUSING CODE. AS ADOPTED AND ENACTED BY THE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE VI. SECTION 82-411 AND ORDINANCE #97-2198. USING THE CODE AS ITS GUIDE. IT IS TIlE OPINION OF TillS INSPECTION BOARD THAT TIllS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITIl ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE vm. SECTION 82-478 OF THE CITY'S CODE OF ORDINANCES. IT IS THEN THE OPINION OF TIllS INSPECTION BOARD TIIA T TIllS BUILDING BE DEMOLISHED. xkil~~J~ BUILDING OFFICIAL'S OFFICE e- e A = Adequate BUll..DING EVALUATION CHECKLIST N/A = Not Applicable l. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls I. Exterior 2. Interior C. Means of Egress I. Doors a. Interior - b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MEHCANICAL SYSTEMS A. Electrical - I. Service Entrance & Panel 2. Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing I. Fixtures a. Sink b. Lavatories c. Water/Closets d. Tub/Shower e. Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning m. PROPERTY CONDITIONS D = Deficient ....llnL --1L- ---1L- --1L- ....llnL ....llnL --1L- --1L- ~ --1L- --1L- ....llnL ....llnL ....llnL ....llnL ....llnL ....llnL ....llnL ~ ....llnL ....llnL ....llnL ....llnL ....llnL ..lli!L ....llnL ....llnL ....llnL ....llnL I. Accessory Structures --1L- 2. Condition of Grounds --6- -3. Other Comments: COMIvlENT / EXPLANA nON N/A Unable to Inseect Rotted Rotted Rotted Unable to Inseect Unable to Inseect Rear Door Detiorated Porches Rotten Rotted FallinlZ In. Rotted Unable to Inseect Unable to Inseect Unable to Inseect Unable to Inseect Unable to Inseect Unable to Inseect Unable to Inseect Unable to Insoect Unable to Inseect Unable to Insoect Unable to Inseect Unable to Inseect Unable to Inseect Unable to Inseect Unable to Inseect Unable to Inseect Unable to Inseect No Outside Unit Not Maintained House Secured - Unable to Insoect Interior - Exterior Inseection Only Gara2e and Accessorv BuildinlZS on Site S:\Cp,;ihare\Code Enforcement\D B Insp Fono Skelton.doc 08-2001 Rev. e e City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: Aueust 09. 2001 STREET ADDRESS: 110 N. 5th Street OWNER (DEED): Vireinia & Caleb Ashlock -10806 N. Avenue P -La Porte. Tx 77571 OWNER (TAX ROLL): C. B. Ashlock (Caul.) - 10806 N. Avenue P - La Porte. Tx 77571 LEGAL: Blk. 56' Lots 1-9 & 34' Town oCLa Porte OCCUPANCY TYPE: Residential ZONING: G.C. SEWER: Y GAS: Y VACANT: Y OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: ClL> I) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY A ,COLLAPSE OR FALL OF ANY PART OF ~AID STRUCTURE; OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS A V AlLABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LA WFUL OCCUPANTS OF SUCH STRUCTURE; OR BECAUSE OF ITS CONDITION, IT IS DANGERQUS TO PUBLIC HEALTH AND MA Y CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. U 2) ClL> 3) U 4) NOTE: SEE BUILDING EV ALUA TION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: IN ACCORDANCE WITH THE 1994 EDITION OF THE STANDARD HOUSING CODE. AS ADOPTED AND ENACTED BY THE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE VI. SECTION 82-411 AND ORDINANCE #97-2198. USING THE CODE AS ITS GUIDE. IT IS THE OPINION OF TIllS INSPECTION BOARD THAT TIllS BUILDING IS IN FACT DANGEROUS. BUT STILL REP AlRABLE. ALL REOUIRED REPAIRS OR AL TERA TIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR AL TERA TION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478 OF THE CITY'S CODE OF ORDINANCES. IT IS THEN THE OPINION OF THIS INSPECTION BOARD THAT THIS BUILDING BE DEMOLISHED. x~1L,~lV~ BUILDING OFFICIAL'S OFFICE ~~~, 'S /' CHIEFS OFFICE ' OFFICE " ,,~~~ e e A = Adequate BUILDING EV ALVA nON CHECKLIST N/A = Not Applicable I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. WaUs 1. Exterior 2. Interior C. Means ofEgres~ 1. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof I. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Otber II. MEHCANICAL SYSTEMS A. Electrical I. Service Entrance & Panel 2. Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing I. Fixtures a. Sink b. Lavatories c. Water/Closets d. Tub/Shower e. Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC I. Heating 2. Air Conditioning III. PROPERTY CONDmONS D = Deficient --1L- --1L- --1JnL --1L- --!.lnL --!.lnL ~ --1L- -L- --1L- --1L- --1JnL --1L- --1JnL --1JnL --1JnL --1JnL -1!nL --1JnL --1JnL -1J.n!L --1JnL --1JnL --1JnL ..J.1nL --1JnL -1J.n!L --1JnL -1!nL I. Accessory Structures 2. Condition of Grounds --1L- 3. Other Comments: COMMENT / EXPLANA nON N/A S i ttimz on Ground Rotted Unable to Insoect Holes Unable to Insoect Unable to Insoect Porch Needs Reoair Rotted Rotted. Holes Unable to Insoect Fallen Ceilimz - Visible from Window Unable to Insoect Interior Panel - Unable to Insoect Unable to Inspect . Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect . Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect Unable to Insoect No Unit Visible N/A Outside Storal!e in Rear N/A House Secured - Unable to Insoect Interior. Exceot Throul!h Window{s) S:\Cl1Share\Code EnforcementlD B "Insp Fonn Ashlock.doc 08-2001 Rev. e e City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: AUlZllst 09.2001 STREET ADDRESS: 2815 & 2817 Old Hwv. 146 OWNER (TAX ROLL): Oue Thi Trinh - 2815 Old Hwv. 146 - La Porte. Tx TI571 VENDOR'S LIEN (DEED): lOaM V. Carter- 2701 Patio St. - Lonl!:view. Tx 75605-2137 LEGAL: Trs. 33A & 34C: Abst. 30. W. P. Harris OCCUPANCY TYPE: Commercial ZONING: R-I FACILITIES A V AILABLE: WATER: Y SEWER: Y ELECTRICAL: Y GAS: Y NO.OF DWELLING UNITS: N/A VACANT: Y OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN F ACf A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: UU I) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR UU 2) BECAUSE OF F AUL TY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY A COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDmON OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SUCH STRUCTURE; OR BECAUSE OF ITS CONDmON, IT IS DANGEROUS TO PUBLIC HEALTII AND MA Y CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTII OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. UU 3) UU 4) NOTE: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: IN ACCORDANCE WITH THE 1994 EDmON OF THE STANDARD BUILDING CODE. AS ADOPTED AND ENACTED BY THE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE II. SECTION 82-31 AND ORDINANCE #97-2198. USING THE CODE AS ITS GUIDE. IT IS THE OPINION OF THIS INSPECTION BOARD THAT THIS BUILDING IS IN F ACf DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR AL TERA TION ORDER IS NOT COMPLIED WITII WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478 OF THE CITY'S CODE OF ORDINANCES. IT IS THEN THE OPINION OF TillS INSPECTION BOARD THAT THIS BUILDING BE DEMOLISHED. ~ BUILDING OFFICIAL'S OFFICE ~~ . ~~ 'S ~ OFFICE e e A = Adequate BUILDING EV ALUA nON CHECKLIST N/ A = Not Applicable I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls I. Exterior 2. Interior C. Means o( Egress I. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof I. Rafters 2. Deck, Shingles E. Ceilings I. Joists 2. Ceiling F. Floors G. Other n. .MEHCANICAL SYSTEMS A. Electrical I. Service Entrance & Panel 2. Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing I. Fixtures a. Sink b. Lavatories c. Water/Closets d. Tub/Shower e. Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC I. Heating 2. Air Conditioning m. PROPERTY CONDITIONS D = Deficient --1L- --1L- --1L- .-A..- --1L- -'L- --1L- --1L- --1L- --1L- .-A..- --1L- --1L- --1L- --1L- .-A..- .-A..- .-A..- .-A..- --1L- --1L- ---A- ...JlnL ...JlnL ...JlnL ...JlnL I. Accessory Structures 2. Condition of Grounds .-A..- 3. Other Comments: Two Buildings on Site COMMENT I EXPLANATION Cracking Visible N/A N/A N/A Holes Visible Holes Visible Missing. Won't Close N/A Missing Broken Panes Rotted Rot. Leaks Visible in Ceiling Rotted Falling In. Holes Not to Code. Cover Missinl!. Wires EXDOsed Exposed Lil!ht Fixtures Missinl! Outlet Covers Missing Wires Exposed Missinl! Disconnected Unable to Inspect Unable to Inspect Unable to Insoect Has Outside Unit N/A S:\CIIShare\Code Enforcement\D B Insp Form Trinh & Carter. doc 08-2001 Rev. e e City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: AulZUst 09. 2001 STREET ADDRESS: 9605 E. Andricks OWNER (TAX ROLL): VENDOR'S LIEN (DEED): Jesse & Monica Looez - 916 Shane - Deer Park Tx 77536-3326 A. Janie Simmons - 9815 Dover Hill- La Porte. Tx 77571 LEGAL: BII<. 10: Lots 177.178: Soenwick Place. S. 2 OCCUP ANCY TYPE: Commercial ZONING: R-I FACILITIES A V AILABLE: WATER: Y SEWER: Y ELECTRICAL: Y GAS: Y NO.qF DWELLING UNITS: ~ VACANT: Y OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: U 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR LX.J 2) BECAUSE OF F AUL TY CONSTRUCTION OR ANY OTHER. CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY A COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LA WFUL OCCUPANTS OF SUCH STRUCTURE; OR BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING STRUCTURES. (-X-) 3) lX.J 4) NOTE: SEE BUILDING EV ALUA TION CHECKLIST ON REVERSE SIDE FOR THE REMAINDER OF THIS REPORT. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: IN ACCORDANCE WITH THE 1994 EDITION OF THE STANDARD BUILDING CODE. AS ADOPTED AND ENACTED BY THE CITY OF LA PORTE'S CODE OF ORDINANCES ARTICLE II SECTION 82-31 AND ORDINANCE #97-2198. USING THE CODE AS ITS GUIDE. IT IS THE OPINION OF THIS INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR AL TERA TION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478 OF THE CITY'S CODE OF ORDINANCES. IT IS THEN THE OPINION OF THIS INSPECTION BOARD THAT THIS BUILDING BE DEMOLISHED. x~~ ~\;) BUILDING OFFICIAL'S OFFICE e A = Adequate 1. STRUCTURAL A. Foundation I. Slab 2. Pier & Beam a. Footings b. Sills c. 10ists " ;,"" B. Walls I. Exterior 2. Interior C. Means of Egress I. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof I. Rafters 2. Deck, Shingles - E. Ceilings I. 10ists 2. Ceiling F. Floors G. Otber II. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel 2. Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing I. Fixtures a. Sink b. Lavatories c. Water/Closets d. Tub/Shower e. Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC I. Heating 2. Air Conditioning m. PROPERTY CONDmONS e BUILDING EVALUATION CHECKLIST o = Deficient N/A = Not Applicable COMMENT / EXPLANATION ~ N/A N/A N/A --1L- --1L- Fire DamalZed - Shoo Fire DamalZed - Shoo ~ ~ ---1L- N/A Fire DamalZed - Shoo --1L- --1L- Fire DamalZed - Shoo Fire DamalZed - Shoo --1L- --1L- Fire DamalZed - Shoo Fire DamalZed - Shoo ~ --1ln!L.- --1L- --1L- --1L- Unable to Insoect Fire Dama!!ed - Shoo Fire DamalZed - Shoo Fire DamalZed - Shoo --1ln!L.- --1ln!L.- --1ln!L.- --1ln!L.- --1ln!L.- --1ln!L.- Unable to Insoect - Office Unable to Insoect - Office Unable to Insoect - Office Unable to Insoect - Office Unable to Insoect - Office Unable to {nsocct - Office ~ --1ln!L.- --1ln!L.- Unable to Insocct - Office Unable to Insocct - Office Unable to Insoect - Office --1ln!L.- --1ln!L.- Unable to Insoect - Office Unable to Insoect - Office N/A I. Accessory Structures 2. Condition of Grounds ~ 3. Other -1L- Adiacent to ExistinlZ Food Establishment Comments: Fire was Februarv 19. 1998 DamalZed BuildinlZ is Located in a Residential Nei!!hborhood. Adiacent to Commercial Develooments and is Located in the Rear Yard of an Occuoied SinlZle-Familv Dwellin!! Located on the Same PropertY. S:\CItShare\Code Enforcement\D B lnsp Form Lopez & Simmons.doc 08-2001 Rev. T,;DOT Form 1560 (Rev 0212001) Previous ees of this form may not be used. Page 1 of 2 e Texas Department of Transportation (TxDOT) CERTIFICATE OF INSURANCE Prior to the beginning of wor!<, the Contractor shall obtain the minimum insurance and endorsements specified. Only the TxDOT certificate of insurance form is acceptable as proof of insurance for department contracts. Agents should complete the form providing all requested information then either fax or mail this form directly to the address listed on the back of this form. Copies of endorsements listed below are not required as attachments to this certifICate. Insured: Main Street Association StreeVMailing Address: P.O. Box 1794 City/StatelZip: La Porte, TX 77572-1794 Phone Number: Area CodeZ81) 471-5551 Workers' Compensation Insurance Coverage: Endorsed with a Waiver of Subroaation in favor of TxDOT. Carrier Name: Carrier Phone #: Address: City, State, Zip: TVDe of Insurance PolicvNumber Effective Date EXDiration Date Limits of Liability: Workers' Compensation Not Less Than: Statutory - Texas Comprehensive General Liability Insurance: Endorsed with TxDOT as Additional Insured and with a Waiver of Subroaation in favor of TxDOT. Carrier Name: Scottsdale Ins. Co. Carrier Phone #: 800-666-0345 Address: % Delta General Agency, P. O. Box 20 .'City, State, Zip: Houston, TX 77252 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Comprehensive General Not Less Than: Liability Insurance Bodily Injury $ 500,000 each occurrence Property Damage $ 100,000 each occurrence OR $ 100,000 for aggregate Commercial General OR Liabilitv Insurance CLS-0783807 10/01/01 10/01/02 , $ 600,000 combined single limit Comprehensive Automobile Liability Insurance: E d d' h T aT Add' . II d d . h W' fS b . f fT aT n orse WIt xD as Itlona nsure an Wit a alver 0 u roaatlon In avor 0 . xD Carrier Name: Carrier Phone #: Address: City, State, Zip: Type of Insurance: Policy Number: . Effective Date: Expiration Date: Limits of Liability: Comprehensive Automobile Liability Insurance OR Texas Not Less Than: Business Automobile Policy $ 250,000 each person Bodily Injury $ 500,000 each occurrence Property Damage $ 100,000 each occurrence Umbrella Policy (if applicable): Carrier Name: Carrier Phone #: Address: City, State, Zip: Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Umbrella Policy Authorized Agent name address and zip code Bavshore Insurance Agency, Inc., P. O. Box 1459, La Porte, TX 77572-1459 This Certificate of Insurance neither affirmatively nor negatively amends, extends, or alters the coverage afforded by the above insurance policies issued by the named insurance company. Cancellation of the insurance policies shall not be made until THIRTY DAYS AFTER the-agent or the insurance company has sent written notice by certified mail to the contractor and the Texas Department of Transportation. THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named meet all the requirements stipulated and such policies are in full force and effect. If this form is sent by facsimile machine (fax), the sender adopts the document received by TxOOT as a duplicate original and adopts the signature produced by the receiving fax machine as the senders original signature. 9/17/01 Date Area Code (281) 471-2111 Authorized Agent's Phone Number . Page 20f2 'xas Department of Transportat! NOTES TO AGENTS: Agents must provide all requested information then either fax or mail this form directly to the address listed below. Pre-printed limits are the minimum required, if higher limits are provided by the policy, enter the higher limit amount and strike-through or cross-out the pre-printed limit. To avoid work suspension, an updated insurance form must reach the address listed below one business day prior to the expiration date. Insurance must be in force in order to perform any work. Binder numbers are not acceptable for policy numbers. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect. Do not refer to specific projects/contracts on this form. The TxDOT certificate of insurance form is the only acceptable proof of insurance for department contracts. List the contractor's legal company name, including the DBA (doing business as) name as the insured or list both the contractor,and staff leasing service as insured when a staff leasing service is providing insurance. Over-stamping and/or over-typing entries on the certificate of insurance are not acceptable if such entries change the provisions of the certificate in any manner. This form may be reproduced. The SIGNATURE of the agent is required. Stamped/typed/printed signatures are not acceptable. CERTIFICATE OF INSURANCE REQUIREMENTS: WORKERS' COMPENSATION INSURANCE: The contractor is required to have Workers' Compensation Insurance if the contractor has any employees including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers' Compensation Law. GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers' Compensation. COMPREHENSIVE GENERAL LIABILITY INSURANCE or COMMERCIAL GENERAL LIABILITY INSURANCE: If coverages are specified separately, they must be at least these amounts: Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence $100,000 for aggregate MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive General Liability Insurance or Commercial General Liability Insurance. COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE or TEXAS BUSINESS AUTOMOBILE POLICY: The coverage amount for a Texas Business Automobile Policy or Comprehensive Automobile Liability may be shown as a minimum of $600,000 Combined Single Limit by a typed or printed entry and deletion of the specific amounts listed for Bodily Injury and Property Damage. BASIC AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for Comprehensive Automobile Liability Insurance or Texas Business Automobile Policy. ACORD.. CERTIFIC OF LIABILITY INSU N C I<<SR SK ~NS-1 09/17/01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DATE (MM/DDIYY) PRODUCER Bayshore Insurance Agy., Inc. P.O. Box 1459 La Porte TX 77572-1459 Phone: 281-471-2111 Fax:281-471-7315 INSURED INSURERS AFFORDING COVERAGE Main street Association P. O. Box 1794 La Porte TX 77572-1794 INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: Scottsdale Insurance Co COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMs, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~f: TYPE OF INSURANCE POLICY NUMBER b~flfJ.,M/DD1YYj . DATEiMMIDDlYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 - 10/01/01 10/01/02 A X COMMERCIAL GENERAL LIABILITY CLS-0783807 FIRE DAMAGE (Anyone fire) $ _____~_002_ -- II CLAIMS MADE ~ OCCUR --.--.- MED EXP (Anyone person) $ 1,000 ...!. $500 Ded. PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $1,000,000 Xl POLICY n ~~8T nLOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - (Ee accident) $ ANY AUTO . - ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY - (Per accident) $ NON-OWNED AUTOS - - PROPERTY DAMAGE $ (per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ =1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ t=J OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TORY LIMITS I IOJ~' EMPLOYERS' LIABILITY C.L. EACH ACCIO"NT ~ E.L DISEASE - EA EMPLOYEE $ E. L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSlLOCATlONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION CITY-LP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA nON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN - NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of La Porte IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P. O. Box 1115 La Porte TX 77572-1115 REPRESENTATIVES. Ken strum Insuranoe ~e'l.'t9 L .. l' " ...... t.'I ~ au.. I ~""';.'6JJ. ACORD 25..$ (7/97) @ACORD CORPORATION 1988 e" e ACTION OF CITY COUNCIL On this, the ~4J1- day of .s ~OTl?rn ~f.( , 20...o.L, the City Secretary of the City of La Porte, having received the above and foregoing report from the Board of Inspection of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notifY the owner in writing in accordance with the provisions of Article VITI, Section 82-478, of the Code of Ordinances of the City of La Porte. CITY OF LA PORTE By: C:XJ~ T: ~ ATTEST: 1Jj ()JJj[r;.jl.u;iL Clt Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on the ~ rrt1- day of 5~ &..f(, 20~ I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with Article VITI, Section 82-478, of the Code of Ordinances of the City of La Porte. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. ~1k ,.)1"111/-- M ha Gillett City Secretary S:\CPShare\Code Enforcement\Action by City Council Form.doc Aug. 2001 Rev. e e ORDINANCE NO. 2001-~ 1t1~ A AN ORDINANCE DECLARING THE BUILDINGS LOCATED ON LOT(S) 25.26: BLOCK 252; ADDITION Town of La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT John D. Sparks ARE THE RECORD OWNER (S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) of said Section provide that: Whenever it shall come to the attention of the Board of Inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason ofa complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall; within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 82-474 (c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases not matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Block 252: Lots 25.26: Town of La Porte. which is further described as 606 S. Utah Harris County, Texas, has, for the reason of neglect or misuse, been allowed to Ordinance No. 200 I-J5If." Page 2 e deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 82-473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated August 09. 2001 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, John D. Sparks, whose address is 606 S. Utah - La Porte. TX 77571-5563 that a hearing as provided in Section 82-477 of said Ordinance would be held at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on September 13.2001 a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Boarcl of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on September 25.2001 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusion, based upon the evidence presented at said hearing. Ordinance No. 2001-~11-' Page 3 e Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that John D. Sparks. who resides at 606 S. Utah - La Porte. TX 77571 - 5563 and who resides at are the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said John D. Sparks have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said John D. Sparks to entirely remove or tear down such building, and further orders the said John D. Sparks to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board ofInspection of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property, the said John D. Sparks. by registered mail, return receipt requested. Section 8. Should the said John D. Sparks not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board ofInspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said John D. Sparks. record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Ordinance No. 2001- ~6l1fPage 4 e Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject ofthis 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 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 24th day of September, 200 I. CI~LAPORTE . By: !((fit ~ ... Mayor ATTEST: ~a, a .I1-l./Jd) City Secretary <2- City Attorney S:\CPShare\Code Enforcement\D B Ord Form.doc Aug. 2001 Rev. e e ACTION OF CITY COUNCIL On this, the ~~ day of ~~ie.IY\e,.e(" . 20J2l, the City Secretary of the City of La Porte, having received the above and foregoing report from the Board of Inspection of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of Article VIII, Section 82-478, of the Code of Ordinances of the City of La Porte. CITY OF LA PORTE By: ATTEST: Lf}[tiIlfr~ a.l1~ City Secretary CITY SECRETARY'S CERTIFICATE '1 hereby certify that on the ~ r}I1- day of ~e(, . 20..Ql, I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with Article VIll, Section 82-478, of the Code of Ordinances of the City of La Porte. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. ~ttf1l1Ijt<.1.l/ M a Gillett City Secretary S:\CPShare\Code Enforcement\Action by City COWlcil Form.doc Aug. 2001 Rev. e e ORDINANCE NO. 2001-~511-I3 AN ORDINANCE DECLARING THE BUILDINGS LOCATED ON LOT (S) 24 - 28: BLOCK 40; ADDITION Town of La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT e.O. Crenshaw Est. C/O Edw 1. Cade ARE THE RECORD OWNER (S) OF SAID PROPERTY; ORDERING THE SAID OWNER (S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER (S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) of said Section provide that: Whenever it shall come to the attention of the Board of Inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall; within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 82-474 (c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases not matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Block 40: Lots 24 - 28: Town of La Porte. which is further described as 110 S. 3rd Street Harris County, Texas, has, for the reason of neglect or misuse, been allowed to Ordinance No. 2001- ~SIJ' Page 2 e deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 82-473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated August 09. 2001 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, C.O. Crenshaw Est. C/O Edw 1. Cade. whose address is 114 N. 3rd - La Porte. TX 77571-3410 that a hearing as provided in Section 82-477 of said Ordinance would be held at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on September 13.2001 , a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on September 25.2001 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusion, based upon the evidence presented at said hearing. Ordinance No. 200 1- ~ 1-' Page 3 e Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that C.O. Crenshaw Est. C/O Edw J. Cade. who resides at 114 N. 3rd - La Porte. TX 77571 - 3410 and who resides at are the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said C.O. Crenshaw Est. C/O Edw 1. Cade have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said C.O. Crenshaw Est. C/O Edw 1. Cade to entirely remove or tear down such building, and further orders the said C.O. Crenshaw Est. C/O Edw 1. Cade to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board ofInspection of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property, the said C.O. Crenshaw Est. C/O Edw J. Cade. by registered mail, return receipt requested. Section 8. Should the said C.O. Crenshaw C/O Edw 1. Cade not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board ofInspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said C.O. Crenshaw C/O Edw 1. Cade. record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, e Ordinance No. 2001-~511./B, Page 4 e which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially finds, determines, and 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 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 24th day of September. 2001. CI~ LA PORTE / . By. ~ -M-r1-- ' { Mayor ATTEST: . ~dA1:h1v fl, jf~ CIty Secretary City Attorney S:\CPShare\Code Enforcement\D B Ord Form.doc Aug. 2001 Rev. e e ACTION OF CITY COUNCIL On this, the ;; l.}:U.. day of S~P1-e m BJ<.r , 20J2L, the City Secretary ofthe City of La Porte, having received the above and foregoing report from the Board of Inspection of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of Article vm, Section 82-478, of the Code of Ordinances of the City of La Porte. CITY OF LA PORTE By:G~T.~ ATTEST: ~dJ1fi~{j lILtLtti Cit Secretary CITY SECRETARY'S CERTIFICATE 'I hereby certify that on the 'd-f111-- day of f:e'PrtJYl~;:-, 2001 . I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with Article vm, Section 82-478, of the Code of Ordinances of the City of La Porte. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. S:\CPShare\Code Enforcement\Action by City Council Form..doc Aug. 2001 Rev. e e ORDINANCE NO. 2001- ~511-G AN ORDINANCE DECLARING THE BUILDINGS LOCATED ON LOT (S) 10 -12; BLOCK 68; ADDITION Town of La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Johnny Joe Evans ARE THE RECORD OWNER (S) OF SAID PROPERTY; ORDERING THE SAID OWNER (S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER (S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council ofthe City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) of said Section provide that: Whenever it shall come to the attention of the Board of Inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall; within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 82-474 (c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases not matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board ofInspection that the building located on Block 68: Lots 10 - 12: Town of La Porte. which is further described as 212 N. 8th Street .Harris County, Texas, has, for the reason of neglect or misuse, been allowed to Ordinance No. 200 1-)571.! Page 2 e deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 82-473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated August 09.2001 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, Johnny Joe Evans, whose address is 212 N. 8th Street - La Porte. TX 77571- 3216. that a hearing as provided in Section 82-477 of said Ordinance would be held at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on September 13.2001 , a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on September 25.2001 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusion, based upon the evidence presented at said hearing. Ordinance No. 200 1-.:7 5'11 ! Page J e Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Johnny Joe Evans. who resides at 212 N. 8th Street - La Porte. TX 77571- 3216 and who resides and are the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Johnnv Joe Evans have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Johnny Joe Evans to entirely remove or tear down such building, and further orders the said Johnny Joe Evans to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board ofInspection of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property, the said Johnnv Joe Evans. by registered mail, return receipt requested. Section 8. Should the said Johnny Joe Evans not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Johnny Joe Evans. record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. e Ordinance No. 2001- "'5'1 t ,~ Page 4 e Section 9. The City Council officially finds, determines, and 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 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 24th day of September , 2001. CITY OF LA PORTE BY;~#< ~/ lVrayor ATTEST: lJ4Mild., (). .;1/$11 CIty Secretary APPROVED: __ / &4tY ~~ City Attorney S:\CPShare\Code Enforcement\D B Ord Form.doc Aug. 2001 Rev. e e ACTION OF CITY COUNCIL On this, the ~day of ~1v18 f1 , 20-&, the City Secretary of the City of La Porte, having received the above and foregoing report from the Board of Inspection of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of Article VITI, Section 82-478, of the Code of Ordinances of the City of La Porte. CITY OF LA PORTE By: G<~~ ~ ATTEST: CITY SECRETARY'S CERTIFICATE 'I hereby certify that on the ';;J. fd-day of ,~Mt:. 20Qi., I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with Article VITI, Section 82-478, of the Code of Ordinances of the City of La Porte. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. Lf!J tbfiItdJ.1it 41/ Martha Gillett City Secretary S:\CPShare\Code Enforcement\Action by City Council Form.doc Aug. 2001 Rev. e e ORDINANCE NO. 2001- i),51/-- 0 AN ORDINANCE DECLARING THE BUILDINGS LOCATED ON LOT (S) 21-24; BLOCK 113; ADDITION Town of La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Kerry Lamond Skelton ARE THE RECORD OWNER (S) OF SAID PROPERTY; ORDERING THE SAID OWNER (S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER (S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) of said Section provide that: Whenever it shall come to the attention of the Board of Inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall; within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 82-474 (c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases not matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Block 113: Lots 21 - 24: Town of La Porte. which is further described as 518 S. 4th Street. Harris County, Texas, has, for the reason of neglect or misuse, been allowed to -- Ordinance No. 2001-~J1'P , Page 2 e deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 82-473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated August 09. 2001 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, Kerry Lamond Skelton, whose address is P.O. Box 953 - La Porte. TX 77572- 0953. that a hearing as provided in Section 82-477 of said Ordinance would be held at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on September 13.2001 . a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on September 25.2001 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusion, based upon the evidence presented at said hearing. e Ordinance No. 200l-)SII~{) , Page 3 e Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that ~ Lamond Skelton. who resides at P.O. Box 953 - La Porte. TX 77572-0953 and who resides and are the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Kerry Lamond Skelton have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Kerry Lamond Skelton to entirely remove or tear down such building, and further orders the said Kerry Lamond Skelton to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board ofInspection of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner( s) of said property, the said Kerry Lamond Skelton. by registered mail, return receipt requested. Section 8. Should the said Kerry Lamond Skelton not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Kerry Lamond Skelton. record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. e Ordinance No. 2001- :J.S/ J..tJ, Page 4 e Section 9. The City Council officially finds, determines, and 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 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 24th day of September , 2001. CITY OF LA PORTE BY~#1dt~ Mayor ATTEST: ~,a. (1~ CIty Secretary APPROVED: ~tJ City Attorney S:\CPShare\Code Enforcement\D B Ord Form.doc Aug. 2001 Rev. -.e e ACTION OF CITY COUNCIL On this, the .~ LfU- day of ~ 20l2l the City Secretary of the City of La Porte, having received the above and foregoing report from the Board of Inspection of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of Article VITI, Section 82-478, of the Code of Ordinances of the City of La Porte. CITY OF LA PORTE By: GJ~ T. ~ ATTEST: CITY SECRETARY'S CERTIFICATE I hereby certify that on theJrrrl- day of ~ 2ct)-L I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with Article VITI, Section 82-478, of the Code of Ordinances of the City of La Porte. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. 0/Y) I1JM{A )1~ Mart~a Gillett City Secretary S:\CPShare\Code Enforcement\Action by City CoWlci1 Form.doc Aug. 2001 Rev. e e ORDINANCE NO. 2001- J. Sll- ~ AN ORDINANCE DECLARING THE BUILDINGS LOCATED ON LOT (S) 1-9 & 34; BLOCK ~ ADDITION Town of La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT C.B. Ashlock (Capt.) ARE THE RECORD OWNER (S) OF SAID PROPERTY; ORDERING THE SAID OWNER (S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER (S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN (10) DA YS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) of said Section provide that: Whenever it shall come to the attention of the Board of Inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall; within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 82-474 (c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases not matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Block 56: Lots 1-9 & 34: Town of La Porte. which is further described as 110 N. 5th Street. Harris County, Texas, has, for the reason of neglect or misuse, been allowed to . Ordinance No. 2001-dSI/.t , Page 2 e deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 82-473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board ofInspection has heretofore made and filed its written report, dated August 09. 2001 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, C.B. Ashlock (Capt.), whose address is 10806 N. Avenue P - La Porte. TX 77571. that a hearing as provided in Section 82-477 of said Ordinance would be held at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on September 13.2001 . a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on September 25. 2001 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusion, based upon the evidence presented at said hearing. Ordinance No. 2001..JS/J.' Page 3 e Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that C.B. Ashlock (Capt.). who resides at 10806 N. Avenue P - La Porte. TX 77571 and who resides and are the record owner( s) of the property on which this building is situated, and that as such record owner(s), the said C.B. Ashlock (Capt.) have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said C.B. Ashlock (Capt.) to entirely remove or tear down such building, and further orders the said C.B. Ashlock (Capt.) to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board ofInspection of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property, the said C.B. Ashlock (Capt.). by registered mail, return receipt requested. Section 8. Should the said C.B. Ashlock (Capt.) not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said C. B. Ashlock (Capt.). record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. e Ordinance No. 2001- ;;.5J1.€, Page 4 e Section 9. The City Council officially finds, determines, and 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 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 24th day of September , 2001. C~.AP.. ORTE. B' ~~~ Mayor ATTEST: ~ ftll1J4J a. ~ City Secretary APPa~ a! ~ City Attorney S:\CPShare\Code Enforcement\D B Ord Form.doc Aug. 2001 Rev. e e ACTION OF CITY COUNCIL On this, the J yJ-J- day of .5fPTE~ B...er , 20QL, the City Secretary of the City of La Porte, having received the above and foregoing report from the Board of Inspection of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of Article VIII, Section 82-478, of the Code of Ordinances of the City of La Porte. CITY OF LA PORTE By: G~T~ ATTEST: 1tl~,(j )/~ Clt Secretary CITY SECRETARY'S CERTIFICATE 'I hereby certify that on the [)1t1- day of~.frrlJ?Jti:. 20 IJ I. I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with Article vrn, Section 82-478, of the Code of Ordinances of the City of La Porte. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. 4ra~M Martha Gillett City Secretary S:\CPShare\Code Enforcement\Action by City Council Fonn.doc Aug. 2001 Rev. . e ORDINANCE NO. 2001- J..51" 1= AN ORDINANCE DECLARING THE BUILDINGS LOCATED ON TRS. 33A & 34C; ABST. .N.;. ADDITION W. P. Harris. HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Que Thi Trinh ARE THE RECORD OWNER (S) OF SAID PROPERTY; ORDERING THE SAID OWNER (S) TO ENTIREL Y REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER (S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) of said Section provide that: Whenever it shall come to the attention of the Board of Inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason ofa complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall; within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 82-474 (c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases not matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Trs. 33A & 34C:Abst. 30: W. P. Harris. which is further described as 2815 & 2817 Old Hwy. 146. Harris County, Texas, has, for the reason of neglect or misuse, been allowed e Ordinance No. 2001-)'sII~F , Page 2 e to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 82-473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board ofInspection has heretofore made and filed its written report, dated August 09. 2001 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, Que Thi Trinh, whose address is 2815 Old Hwy. 146 - La Porte. TX 77571. that a hearing as provided in Section 82-477 of said Ordinance would be held at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on September 13.2001 , a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on September 25.2001 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusion, based upon the evidence presented at said hearing. Ordinance No. 2001-~511' Page 3 e Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Que Thi Trinh. who resides at 2815 Old Hwy 146 - La Porte. TX 77571 and who resides and are the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Que Thi Trinh have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Que Thi Trinh to entirely remove or tear down such building, and further orders the said Que Thi Trinh to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board ofInspection of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner( s) of said property, the said Que Thi Trinh. by registered mail, return receipt requested. Section 8. Should the said Que Thi Trinh not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (to) days after hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Que Thi Trinh. record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. e Ordinance No. 2001-;2SIl-F , Page 4 e Section 9. The City Council officially finds, determines, and 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 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 24th day of September, 2001. CITY ~ ~ORTE BY;i;. ~ ~~~. rviayor ATTEST: 111 0AliltL (). ~ City Secretary City Attorney S:\CPShare\Code Enforcement\D B Ord Form.doc Aug. 2001 Rev. " e e - 17, 1999 (FO # 10) had disclosed many defects not revealed In the Seller's Disclosure or by . .' Daigle. , Damages to the roof and ceiling (FO # 11); foundation (FO # 12); Interior walls (FO # 13) and; , plumbing (FO # 14) exceeded that YAlich was revealed by the Seller's Discfosure (see FO # 1) or by Daigle, nor was the asbestos siding on exterior walls (FO # 15) revealed by either. Carpenter has toJ~ Nguyen that Carpenter had told respondents about the February 18, 1999 tnspection lind had given them a copy (see FO # 10). Nguven and Trinh have filed dViI'Sl:Iit against the~lIer and respondents.. , '-. Nguyen will testify at a hearing. Andrew L. Rolf, broker respondent, designated officer of La Porte Main Properties Inc., 202 W. ~ . Main St., La Porte, TX n571, business # 281-470-0055 upon personaJ Interview at the foregoing location and In the presence of Attorney Cyrus F. Rea'll on December 28, 2000 stated In substance: Rolf Is aware of and has received a copy of the complaint. Rolf personally listed the property at 2815 S. Broadway for the seller JoAnn Santi Carter on August 9, 1997 (FO# 16). Prior to that Rolf had listed the property for Carter's mother VIola Rogers Y.tlo sold it to a Mr Hanson by contract for . d~ln 1991. Hanson defaulted and abandoned the property and Carter assumed title. Hanson and his wife had used the property for various Commercial purposes and by City of La Porte ordnance applicable to that particular area the property reverted to residential R-3 after 90 days of non commerciai use, to Indude abandonment. . Rolf ,believes that utilities were then cut off also. Rolf obtained a dty permit to turn on the electricity for showing only. The latest bill for electricity Rolf has of record Is for the period ending April 12; 1999 (Fa # 17) but he believes that there were later bills which were forwarded to Carter. ~oIf ~ieves that the electricity was on when Nguyen was shown the property but that there wasn'~ much lighting Inside. fYbn? ~r$;o-z-. During the time that the property was listed for sale by Rolf there were severalloquiries and Rolf told everyone that anyone Interested In purchasing the property needed to check with the City of La Porte concerning Intended use. .Once they did that, I never heard from them again.. When Rotf listed the property he met Carter at the property but Is not sure he or Carter entered either . .' building. Rolf is unsure how familiar Carter was with the property and doesn't remember whether the Seller's Disclosure was ~ at Rolfs office or If Carter mailed it back to Rolf after the listing. Daigle drew up the Trinh purchase offer and that Is the only time Rolf met Nguyen. Rolf has never met or spoken to Trinh. Rolf thought that Nguyen was Trinh. Rolfs only input into the purchase offer was Instructing Daigle to have the wording MIt shall be the sole responsibility' of 'the buyer to determine that the subject property shall conform to the zoning ordnances of the City of La Porte as to their partiCUlar use of the subject property" In special provisions (See FO # 4). In January 2000 Rolf received a demand letter from Trinh (Fa # 18) stating that Trinh believed that Carter and respondents had not told the truth about the condition of the property and Page 3 of 7 ... ,,-.; '[.~ . . .' :i% '~i ! ......~.. i.:~ ',;.1 'q .~ r. 'r '~ . ..~ ';1 ';:~ :;~ 111 ".'....."..'..~~..I.~. ". '.!f. .;;':' }-, ',,:m! ,).',. -1 .., lJ.f~ '.':'. ;;,':.r: . . ~~ ".;1 '\i {:j ',., :t! . ;':~f. r.~' .~.. '. '~, ",.t ,"i;1 ',','l j . .;~i. . .,~ .; I. .... .....-...... "' " -- -.. -- -- - -- -- e e La po~t~: ~~x 7~~~~-1115 (281)471-5020 ext 259,286 INSPECTION LINE: 471-9662 .**.ZONING PERMIT**** . -----~---------------------------------------------------------------------- Application Number . . . . . Property Address . . . . HCAD Number . . . . . . . . . Application description . . . Subdivision Name . . . . Property Use . . . . P.roperty Zoning Property owner Owner address . . . . 97-00000547 2815 S BROADWAY ST 040-244-001-0056 ZONING PERMIT ABST 30 W PHARRIS REAL RES SINGLE FAMILY Date 2/24/00 Other struct info STANSEL JIM & BETTY 2815 S BROADWAY ST LA PORTE (. ) SIC,CODE (ZONING PERMITS) TX 775716529 ' ---------------------------------------------------------------------------- Permi t . . . . . Additional desc . . Permit Fee . Issue DQte Expiratfon Date ZONING PERMIT SIC CODE 10000 .00 . 7/17/97 1/14/98 Valuation . . . . o ---------------------------------------------------------------------------- Special' Notes and Comments FOR REAL ESTATE PURPOSES ONLY Fee summary Charged P.id . Credited Due ----------------- ---------- ---------- ---------- --~-----~- Permit Fee Total .00 .00 .00 Grand Total .00 .00 .00 .00 .00 "'--.' . PJ-O),f.;({.. ~Ln-. =t:I r f R t'~ pift.Y1~' . /> '0 .. .. - .. ---------------------------------------------------------------------------- THIS FERMIT BECOMES INVALID WITH ANY CHANGE OF USE, . OCCUPANCY, TENANCY OR OWNERSHIP OF THIS BUILDING OR LEASE SPACE. OWNER OR AGENT _DATE ZONING ADMINISTRATOR DATE "'J.. ',;:: '.,' - , e ~tt~fn:' ./lJ2Jd.: , . "i> . ;(<;/5 dId ~y /</1> (~ J3/"O{(.~) ,\;, . ,... ..... /} ) , C-.-clfblf'y ^ CJ" ~ S LO- ~ ~ - '1'.' '.~ ' . :},. . .'. I,.b 1 .'~. 'l-{j- . ,~,.: ~(:<:',,' , 'J ,." , ;;:;T;<) III .MJ';"p)td-flG./J ''/-r5 .s h. ~w- ";. prl9pos~ l.~Ve.Jop)YJemL- . ' I;1~F':"3}" jJon'.,. ~orrfot/n//zq SH-~~e _,~ :n;:,;.> · f&- rArfLod- c1. (f1-2 <2- '1,\ :~~+.~.. ," . - "", . -', .: . '}; : .... ':,' : ~..~ . ....... :;:[;/ ' rre- ..... " · . j . f~;. ~) '\:> iJnv . Pkt'IY1,-+ n. -e..e.rl-eJ - .~n ~... .... ~So-Perrn./T -f $.z.s-o ~ b -e.fq.sr~ ':1 ~( .' -. ~ ~o n.+1-f{ C:f-oJ-.s R e4> 'd ~Jt ~, L ftNJoI '1~ l1;~; . . ' ~r 'r" .\ ~~:' " -rss IJ ~ C" ' tr if .' t'-'" "l. \. ~ .... f~ ~., .,...... - y ~t-cl 4.r e If.s/seftAC/<5 l~ " . .!~ r.~..;J " . .-.:..~ Lur c 011. 'f'.."'~ t. '. Pi! Rk//Lo. . "'~ _ '. '~ "P f.. ~I . . ' ~~ ' ."'. , ,~,jl' ' .f~~ :" ~' . j ~ ... ......... "'- '.......-..-.....-.-.........-...-..-.-.. . e (.': "':' ." ....~; ,.. . .;. . ...... . ., . ..... .... : ..~~. .~een. ~pect~<;l amfME!TS ~ ,CitY.:~M'La Porte Buildin ....:.. " '., '.F' ,. ., . . :.:...:1'.. . " . . .:....:..:.C~e:f.or: (check on~ .... _ . ';:~"""~" !..'!o,.. _., ..' :;>, ~mwING 'liELECTRIC~ 'PLrivt!k. " ./ . ......~ . . ','. . . . .. '. ". .' . . '- ~D.W. J .~:.,. . . 11 . . .Jfi. "'-~ , ,I J .\ e e with respondents and the City otLa Porte officials. Trinh deferred to Nguyen to respond to the interview. . . Trinh will testify at a hearing. Mr. Truong Nguyen, witness. 614 Fairfield, La Porte, TX 77571, residence # 281-842.7015 upon " persona) Interview at 2815 S. Broadway, La Porte, TX on December 28, 2000 stated il1 su~nqt: , . . , Nguyen was shown the property, consisting of one residential building and a fonner commercial building now zoned residential...' at 2815 S. Broadway, La Porte, Harris County, TX by sales respOndent Daigle on or about June 1, 1999. Nguyen does not remember whether Daigle explained agency or provided Nguyen an Infoonation About Brokerage Services form. Daigle did , provide Nguyen with a Seller's Disclosure (FO ., 1) and Muttlple Ustlng Service printout (FO ., 2). · Daigle and Nguyen spent about an hour looking at'the property inside and outside of the buildings. Although there was a City of La Porte Inspection sticker on the electric meter Indicating that the electrical system was approved (FO # 3), there ~re no lights inside and they had to use DaIgle's , flashlight because the windCMIS were boarded up. fJ-1:>wl Co7n~;S-r:/~ Nguyen noted at the time that the buildings were full of debris, there were numerous loose and exposed electrical wires Inside and outside of the buildings. and that ceilings and walls were severely damaged by apparent water penetration. Ngliyen has had extensive prior experience In , "fIXer up. properties and believed that the buildings were within his capacity to repair and therefore . did not require structural and mechanic:allns~ons.. While examining the exterior of the property Daigle told Nguyen that the property had a 100' frontage along S. Broadway and In depth It extendeqfrom a chain link fence in the rear of the buildings 100' towards S. Broadway which would have placed the front edge of the property approximately 5' to l' from the street surface, allowing ample parking space for the residence. Nguyen submitted a purchase offer In Trinh's name which was accepted by the seller on June 8, 1999 (FO # 4) and the purchase closed at Alamo Title Co. on June 22, 1999 (FO" 5). Nguyen then began to make the repairs necessary to convert the former commerclal property to residential and to clean and repair the residential building. ~guyen removed the second stOlY structure of the commercial building and while doing so was Infonned by Tommy Carpenter, a City of La Porte building Inspector, that Nguye~ could not pa~ In front of the buildings, between the buildings and the street, because that was county right of Way. This was contrary to what the Seller's Disclosure indicated (FO # 6) and what Qj!igle had told Nguyen. Nguyen then had to remove the roof that had covered the area between the commercial and residential buildings in order to park on the property (FO # 7) and also had to obtain pennits from the City of La Porte in order to continue working on the property. As Nguyen continued he found that the Seller's Disclosure was false In that there were many conQltions which materially affected the physical health or safety of an indivldual,- (FO # 8);. When he applied for construction pennlts Nguyen learned that any sale of the property invalidated the zoning pennit (FO # 9) and that a previous inspection by Carpenter on February Page 2 of 7 . ...- ~';, H{ * ~lt :''f~~ :.~.. if I ir~ :, ;;'!~ }~ ;'1' '. ~..'.'.'.. ..:::: '.'.';11.....'. : 1~ F' ~l : ,i! ' ;11. ') ; 'fl~ ' .fYi. , ~.. "I ':~...' . ~~ ~~ ~ r.I.:1ffi ~il1!J ""..1....". ~t, :',~~. ~ "'.j: '.' :....;;lw. , )~J! :fjj, ,t\:~1 :. ':~}!~~ h_" : .;r/,~ ,;.,", .- ~ . .'_: i. ,l>':'" [ ~j~ft: .:':~lL ;\{-\: ',r,,):. , ~ ~.: ;,; '; ,/:~.~':',~ .......................-............,,-....,.....'.. .i 1, ) e e 7. CONSIDER APPROV AI,. "OR OTHER ACTION REGARDlNG ORDINANCES CONDEMNING (7) SUBSTANDARD STRU~TURES AS FOLLOWS (Ord. #2001-2511) _ D. Wilmore: 606 S. Utah - HCAD #024-017-052-0025 110 S. 31ll Street-HCAD #023-177-040-0024 / l 212N. SthStreet-HCAD#023-198-06S_0010 If. f!i-" !/c/J~,..~F;"'-L, , -~:~::~~:~~~~~ --C:~0&b ~<-~~~f7r-J-c-- - 2815 & 2817 Old Hwy 146 - HCAD #040-244-001-0056 _ "t?r r-! l ""1"- 9605E.Andricks-HCAD#084-289-000-0178 - L-I;([L - IP.~.AL'\T"ry 8. - CONSIDER APPROVAL OR. O~ ACTION REGARDING A RESOLUTION AU1HORIZING A REPRESENTATIVE AND ALTERNATE FOR THE H-GAC 2002 GENERAL ASSEMBLY AND BOARD OF DIRECTORS - (Res. 2001-10) - Mayor Malone 9. CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUTION APPROVING THE CLOSlNG OF WEST MAIN STREET BETWEEN FIRST STREET AND FOURTH STREET IN THE CITY OF LA PORTE, TEXAS, ON NOVEMBER: 3, 2001 "FROM 6:45 A.M. TO 6:00 P.M. (Res. 2001-11) R T. Herrera 10. CONSIDER APPROVAL OR OTHER ACTION ESTABUSHlNG INTENT TO PROMOTE AND UTILIZE EAST ''E'' STREET RIGIIT-DF-WAY FROM NORTH FIRST STREET TO THE ALLEY BETWEEN NORTH SEVENTH AND NORTH EIGHTH STREETS AS A BUFFER ~ BETWEEN COMMERCIAL AREAS ON BARBOUR'S cur AND RESIDENTIAL AREAS _ (Res. 2001-12)-J. Joems 12. -.13. 14. 11. CONSIDER APPROVAL OR OTHER ACTION AU1HORlzING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON Au:mO~ OF HARRIs COUNTY, TEXAS, FOR FIRE SUPPRESSION SERVICES - (Ord. ~J: Sease CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUlHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE ASSOC~n0N-OF BAYPORT COMPANIES, INC., FOR EMERGENCY MEDICAL SERVICES -{Ord.~,,::,J.Sease " CONSIDER APPROVAL OR OTHER ACTION REGARDlNG AN ORDINANCE APPROVING AND AU1HORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE CITY OF MORGAN'S POINT, FOR EMERGENCY 911 DISPATCH AND JAIL SERVICES, FIRE SUPPRESSION SERVICES, AND EMERGENCY MEDICAL SERVICES (Ord. 2001-2514) _ J. Sease '. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE -:.AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND mE PORT OF HOUSTON,AUTHORITY OF HARRIs COUNTY TEXAS, FOR EMERGENCY MEDICAL SERVICES (Ord. 2001-2515)-J. Sease " e e - 17, 1999 (FO # 10) had disclosed many defects not revealed in the Seller's Disclosure or by , .' Daigle. J Damages to the roof and ceiling (FO # 11); foundation (FO # 12); interior walls (FO # 13) and; plumbing (FO # 14) exceeded that which was revealed by the Seller's Disclosure (see FO # 1) or by Daigle, nor was the asbestos siding on exterior walls (FO # 15) revealed by either. Carpenter has tol~ Nguyen that Carpenter had told respondents about the February 18. 1999 inspection ~nd had given them a copy (see FO # 10). Nguven and Trinh have filed clvil.suit against the seller and respondents. . .-. Nguyen will testify at a hearing. Andrew L. Rolf, broker respondent, designated officer of La Porte Main Properties Inc., 202 W. Main St.:'La Porte. TX n571, business # 281-470-0055 upon personal Interview at the foregoing location and In the presence of Attorney Cyrus F. Rea'lI on December 28, 2000 stated In substance: Rolf is aware of and has received a copy of the complaint. Rolf personally listed the property at 2815 S. Broadway for the seller JoAnn Santi Carter on August 9, 1997 (FO # 16). Prior to that Rolf had listed the property for Carter's mother Viola Rogers who sold it to a Mr Hanson by contract for . d~-In 1991. Hanson defaulted and abandoned the property and Carter assumed title. Hanson and his wife had used the property for various Commercial purposes and by City of La Porte ordnance applicable to that partiCUlar area the property reverted to residential R-3 after 90 days of non commercial use. to include abandonment. Rolf believes that utilities were then cut off also. Rolf obtained a clty pennit to turn on the electricity for showing only. The latest bill for electricity Rolf has of record is for the period ending April 12; 1999 (FO # 17) but he believes that there were later bills which were forwarded to Carter. Rolf believes that the electricity was on when Nguyen was shown the property but that there wasn'~ much lighting inside. fYbn7 Ccrn"]o"n."t.,.t')~;O""1-, During the time that the property was listed for sale by Rolf there were several inquiries and Rolf told everyone that anyone interested in purchasing the property needed to check with the City of La Porte concerning Intended use. "Once they did that. I never heard from them again." When Rolf listed the property he met Carter at the property but is not sure he or Carter entered either . .' building. Rolf is unsure how familiar Carter was with the property and doesn't remember whether the Seller's Disclosure was ~ at Rolfs office or if Carter mailed it back to Rolf after the listing. Daigle drew up the Trinh purchase offer and that is the only time Rolf met Nguyen. Rolf has never met or spoken to Trinh. Rolf thought that Nguyen was Trinh. Rolfs only input into the purchase offer was instructing Daigle to have the wording "It shall be the sole responsibility' of 'the buyer to determine that the subject property shall conform to the zoning ordnances of the City of La Porte as to their particular use of the subject property" in special provisions (See FO # 4). In January 2000 Rolf received a demand letter from Trinh (FO # 18) stating that Trinh believed that Carter and respondents had not told the truth about the condition of the property and Page 3 of 7 ... ......~ :'"',...... - - -4 - - -- - - - -- A P.O. Box 1115 A ,., La Porte, Tx 77572-1115 ,., (281)471-5020 ext 259,286 INSPECTION LINE: 471-9662 ****ZONING PERMIT**** ---------------------------------------------------------------------------- Application Number Property Address . . . . HCAD Number . . . . . . . Application description . Subdivision Name . . . Property Use. ... Property zoning ... Property owner . . . Owner address . ... 97-00000547 2815 S BROADWAY ST 040-244-001-0056 ZONING PERMIT ABST 30 W PHARRIS REAL RES SINGLE FAMILY Date 2/24/00 i l i ~ ;1 'I .~ I i , ~ 1 ; ~ ~ i ~ i j ~ 1 ~ Other struct info STANSEL JIM & BETTY 2815 S BROADWAY ST LA PORTE ( ) SIC.CODE (ZONING PERMITS) TX 775716529 ' ---------------------------------------------------------------------------- Permit . . . . . . . Additional desc . . Permit Fee . Issue De,te Expiratfon Date ZONING PERMIT SIC CODE 10000 .00 . 7/17/97 1/14/98 Valuation o ---------------------------------------------------------------------------- Special' Notes and Comments FOR REAL ESTATE PURPOSES ONLY Fee summary Charged p.id' Credited Due ----------------- ---------- ----~----- ---------- --~-----~- Permit Fee Total Grand Total .00 .00 .00 .00 .00 .00 .00 .00 ";. '--' f ;-o),.uc: ~iL-h-, .::tt r f R {'<$ pi;~-n~. , , /~ ~ .' ---------------------------------------------------------------------------- THIS PERMIT BECOMES INVALID WITH ANY CHANGE OF USE, . OCCUPANCY, TENANCY OR OWNERSHIP OF THIS BUILDING OR LEASE SPACE. OWNER OR AGENT _DATE ZONING ADMINISTRATOR DATE 1.,' '-.. .... ,::',.~J.. e _: J . e . /7 J/.fLd' . '. .' ;;($'/5 did fwy /'I~ I'~ J3rolldw~) \.'," ..' ....../ J ) , C-.-dfblf I~CJ.p. SL(j- II ~ - .~. . '..,1 · . . J.b 1 . -.LC\ . . '.' .:. ~ ,.J , , 1 ~ . ..f.~.t,' '"c";: . J ..' , . .' .~ ';"'.:' ;<) ILf .!10.-,l:npJo+pla./J 'i-(j .s it. ~w-I i." prt<)pc)s~ J.~Vd()plYJen-I- .1 . 'fm ~ir / /) Or ^. I , . ..... ..:::w. : - . :.~l /t:f,. '7' /V~ w~ l" ::;;: · . .'. - :5 ~ -/.'~'~', , ;f~ ..;....._..,--~ ....;i:."'., . .:'~;.." \":. ~J. ~) '~-e.m.'O Pkr-/YJ/~+ 'fl-€-e1d - . lr ""';..' b -'- J. aI (f'O t\ id., ~...., . fPSo-Perrn./~/ I 6.z5o ~ u ~fas'^rr:; ~r . - ~ Q.on.+J-ctC/-of-.5 Re1/d ~Jt ~ /.L pe.r..."1Ji;l i ;t:.S 5 l-( 1:.5.: n ~T :. . v ..... I It '^ e A. ~ ~ efJ,U/<5 fU t ,'. I_I~~' ~ft ~f ~i~~~~~~ COLI. . .1'J'..1.1............. ...) . H: 'J~.~.~<ti, ! .... .:1. t~ ~ i~ ,r~;.': :- ~. ~ . I "'j . "i , ,", .', ,. . ." ." ....".... --- ".. ....---.. ......._-..... ..........-...-.. '. . . .' ~'". . . " . ..' .~~. .~een. ~p'ec_t~c;i an(fME;ETS ~e,City':~~'LI Porte Buildin . :'.. . . . . . '. r'.' ..,. -: .' ....:.. . ..,... . ,'_. " :--_c- Code.for: (check onst _. - -. -. _ .~ :>)~~ING _- f~~p4 .'- :.~.,..: .. . BO 4LKD.W. /. ." e ~ ..~. ." ,:,', ." .... . ." ...-, .~~~":';~,;~., ---. .. . ... ',' ,f. .. .} e 1 ',' . -/ft...:: ~ .... }. "U j i I i I i ! ,~ .~ :1 ':, ~\ :$: , ~. .! it" ',I,:,: }~ i'j, r i" ",i 'I ,( [ .1 \ ' ! e e -.. I " , '.. , ::-:',;,:. ','\',:': . I~ I , ,tI:1 " ~ , tI} , ,'.r; " . CD ~I' '.' ..>:.:~ , ..~. . ... . . ~. '''ci ' ::.,,;~ t7" r: j::', ~ . 1....t · .' ~ ';,'. ~ .. I' ~', ,." ~ I. L.J .~ (. i. ' . J -.........- .\ e e with respondents and the City otLa Porte officials. Trinh deferred to Nguyen to respond to the interview. Trinh will testify at a hearing. Mr. Truong Nguyen, witness, 614 Fairfield, La Porte. TX n571 , residence # 281-842-7015 upon . perso~1 interview at 2815 S. Broadway, La Porte, TX on December 28, 2000 stated il1 su~~: I . . Nguyen was shown the property, consisting of one residential building and a former commercial building nON zoned residentia~1' at 2815 S. Broadway, La Porte, Harris County, TX by sales respOndent Daigle on or about June 1, 1999. Nguyen does not remember whether Daigle exptained agency or provided Nguyen an Information About Brokerage Services form. Daigle did provide Nguyen with a Seller's Disclosure (FO # i) and Multiple Usting Service printout (FO # 2). · Daigle and Nguyen spent about an hour looking at the property inside and outside of the buildings. AIthougq there was a City of La Porte inspection sticker on the elecbic meter indicating that the electrical system was approved (FO # 3), there were no lights Inside and they had to use Daigle's flashlight because the windows were boarded up. ",- (Yowl Co7n~'S-r;:/~ Nguyen noted at the time that the buildings were full of debris, there were numerous loose and exposed electrical wires inside and outside of the buildings. and that ceilings and walls were severely damaged by apparent water penetration. Ngliyen has had extensive prior experience In "fIXer up" properties and believed that the buildings were within his capacity to repair and therefore , did not require structural and mechanical Inspections.. While examining the exterior of the property Daigle told Nguyen that the property had a 100' frontage along S. Broadway and In depth it extencleq from a chain link fence in the rear of the buildings 100' towards S. Broadway which would have placed the front edge of the property approximately 5' to 7' from the street surface, allowing ample parking space for the residence. Nguyen submitted a purchase offer in Trinh's name which was accepted by the seller on June 8, 1899 (FO # 4) and the purchase closed at Alamo Title Co. on June 22, 1999 (FO # 5). Nguyen then began to make the repairs necessary to convert the former commercial property to residential and to clean and repair the residential building. Nguyen removed the second stOlY structure of the commercial building and while doing so was informed by Tommy Carpenter, a City of La Porte building Inspector, that Nguye~ could not pa~ In ~ront of the buildings, between the buildings and the street, because that was county right of way. This was contrary to what the Seller's Disclosure indicated (FO # 6) and what Qj!igle had told Nguyen. Nguyen then had to remove the roof that had covered the area between the commercial and residential buildings in order to park on the property (FO # 7) and also had to obtain permits from the City of La Porte in order to continue working on the property. As Nguyen continued he found that the Seller's Disclosure was false In that there were many conQitions which materially affected the physical health or safety of an individual,. (FO # 8);. When he applied for construction pennlts Nguyen learned that any sale of the property invalidated the zoning permit (FO # 9) and that a previous inspection by Carpenter on February Page 2 of 7 . ....- e e ACTION OF CITY COUNCIL On this, the ~ 4t~ day of 5e-PrElYl5-eJ , 20i2L, the City Secretary of the City of La Porte, having received the above and foregoing report from the Board of Inspection of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of Article VITI, Section 82-478, of the Code of Ordinances of the City of La Porte. CITY OF LA PORTE By: CKM T ~\.L-J ATTEST: ~()Ul/Jd- Atitu CIty ecretary CITY SECRETARY'S CERTIFICATE '1 hereby certify that on thed r,4- day of ,5efJrDvJdt'/~, 20~ I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with Article VIII, Section 82-478, of the Code of Ordinances of the City of La Porte. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. LjrJ {jff/i~JI)J/ Martha Gillett City Secretary S:\CPShare\Code Enforcement\Action by City Council Form.doc Aug. 2001 Rev. e e ORDINANCE NO. 200 1- ~ 511- q AN ORDINANCE DECLARING THE BUILDINGS LOCATED ON LOT(S) 177.178; BLOCK ~ ADDITION Spenwick Place. S.2 , HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT Jesse and Monica Lopez ARE THE RECORD OWNER (S) OF SAID PROPERTY; ORDERING THE SAID OWNER (S) TO ENTIREL Y REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER (S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN (10) DA YS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) of said Section provide that: Whenever it shall come to the attention of the Board of Inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason ofa complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall; within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 82-474 (c) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases not matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board ofInspection that the building located on Block lO;Lots 177.178; Spenwick Place. S.2 . which is further described as 9605 E. Andricks. Harris County, Texas, has, for the reason of neglect or misuse, been allowed e Ordinance No. 2001-;'51/-6, Page 2 e to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 82-473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated August 09. 200 I finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, Jesse and Monica Lopez, whose address is 916 Sharie - Deer Park. TX 77536- 3326, that a hearing as provided in Section 82-477 of said Ordinance would be held at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by regular mail and by registered mail, return receipt requested, which notices were delivered to the United States Postal Service on September 11. 2001 (Neither of said notices or the signed return receipt having been returned to the City), a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on September 25.2001 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusion, based upon the evidence presented at said hearing. Ordinance No. 2001- ) SI/. 'page 3 e Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that Jesse and Monica Lopez. who resides at 916 Sharie - Deer Park. TX 77536-3326 and who resides and are the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Jesse and Monica Lopez have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Jesse and Monica Lopez to entirely remove or tear down such building, and further orders the said Jesse and Monica Lopez to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty oflaw. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property, the said Jesse and Monica Lopez. by registered mail, return receipt requested. Section 8. Should the said Jesse and Monica Lopez not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Jesse and Monica Lopez. record owner( s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. e Ordinance No. 200l-;2SIl.~ Page 4 e Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice ofthe 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 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 24th day of September, 2001. CITY OF ~PORTE By: J;/>1~~/~ Mayor ATTEST: ~0Jiil(~ O.lfdiL City Secretary APPROVED: ~-- ,/ /" City Attorney S:\CPShare\Code Enforcement\D B Ord Fonn.doc Aug. 2001 Rev. e e Houston-Galveston Area Council Office of the Executive Director PO Box 22777. 3555 Timmons. Houston, Texas 77227-2777. 713/627.3200 September 11, 2001 The Honorable Norman Malone Mayor, City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 RECEIVED SEP 1 3 2001 CITY SECRETARY'S OFFICE Dear Mayor Malone: I am writing regarding the appointment of La Porte's representative to H-GAC's 2002 General Assembly and Board of Directors. H-GAC's Bylaws authorize each member city with a population of at least 25,000 but not in excess of 99,999 according to the last preceding Federal Census (2000) to select one member of its governing body as its representative and one member of its governing body as an alternate to the H-GAC General Assembly. H-GAC's Bylaws also stipulate that your Board of Directors representative shall be the General Assembly delegate. Therefore, the official chosen to serve as the General Assembly representative will also be designated to serve on H-GAC's Board of Directors. I have enclosed the appropriate form for your convenience. The 2002 designated representatives begin their terms of office at the first of January. If more information concerning General Assembly and Board of Directors membership would be useful, please contact me or Mary Ward of the staff. Thanks for your help in selecting H-GAC's 2002 General Assembly and Board of Directors. Sincerely, ~ Jack Steele JS/mw Enclosure cc: City Secretary o Recycled e e DESIGNATION OF REPRESENT A TIVES HOUSTON-GALVESTON AREA COUNCIL 2002 GENERAL ASSEMBLY AND BOARD OF DIRECTORS ********************************* ~f}"'-IO BE IT RESOLVED, by the City Council of La Porte, Texas that the following be and are hereby designated as the representative and alternate of the General Assembly of the Houston-Galveston Area Council for the year 2002: REPRESENTATIVE MUll 5 uTl-l <<U1fJP I ALTERNATE 1errll CAait e. / FURTHER THAT, they are hereby, designated as the representative and alternate to the Board of Directors of the Houston-Galveston Area Council for the year 2002. THAT, the Executive Director of the Houston-Galveston Area Council be notified of the designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED, this the 1 tfII-- day of Se:Pre. m 8 er , 2001. APPROVED: ~?~~~ M or ATTEST: ~~ O./llll:fj e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Se tember 24 2001 Appropriation Requested By: Source of Funds: NA Department: City MllRllger'~ Office Account Number: NA Report: Resolution: XX Ordinance: Amount Budgeted: NA Exhibits: Resolution No. Amount Requested: N I\. Exhibits: TxDOT A2reement Budgeted Item: YES NO Exhibits: Letter from Main Street Association Exhibits: Certificate of Insurance Exhibits: Letter from City Manaeer Exhibits: Letter from Police Chief Exhibits: Traffic Control Plan SUMMARY & RECOMMENDATION Council is aware that in 1999 the City of La Porte was notified the Texas Department of Transportation (TxDOT) revised their policies and procedures for permitting the temporary closure of State Rights-of-Way under their jurisdiction. Previous community events as well as display of banners had to satisfy basic requirements only. Any event exceeding four (4) hours in length requires submission of a formal agreement and City Resolution. The La Porte Main Street Association's Casino Games/Auction and Trade Day is requesting to close Main Street in excess of four (4) hours, which requires City Council to approve a Resolution as well as TxDOT's agreement. Main Street Association will be responsible for the Insurance Certificate, with City of La Porte listed as an additional insured. City Staff has completed processing our portion of the permit. Action Required bv Council: Approve Resolution No. 2001-11 and TxDOT's Agreement for the Temporary Closure of State Right-of-Way for Main Street Association's event. Approved for City Council A1!enda ~~~ Robert T. Herrera, City Manager ~ .,g.O( Date . e RESOLUTION NO. 2001-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, APPROVING THE CLOSING OF WEST MAIN STREET BETWEEN FIRST STREET AND FOURTH STREET IN THE CITY OF LA PORTE, TEXAS, ON NOVEMBER 3,2001, FROM 6:45 A.M. TO 6:00 P.M. WHEREAS the La Porte Main Street Association enjoys a mutually beneficial relationship with the City of La Porte, Texas; and WHEREAS the La Porte Main Street Association requests the closing of West Main Street between First and Fourth Streets for a Casino Games/Auction and Trade Day; and WHEREAS the City Engineer has presented a traffic control plan indicating barricades and detour routing, and has reviewed the plan and concurs with its concept; and WHEREAS the La Porte Police Officers will be present at the establishment and removal of barricades and will oversee traffic control during the event BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE THAT: Section I. the City Council has determined that Main Street Association's request for the closure of West Main Street in La Porte, Texas, was given with sufficient notice as required by Texas Department of Transportation; and that the City Engineer concurs with the submitted traffic plan; and that La Porte Police Officers will be present at the establishment and removal of barricades and during the event. PASSED AND APPROVED this the 24th Day of September 2001. CITY OF LA PORTE, TEXAS ~f~~ ATTEST: ~(). Jf4./d Ma ha GIllett, City Secretary e e STATE OF TEXAS COUNTY OF j-lQ,rri S s s AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT-OF-WAY THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department ofTranspOliation, hereinafter called the "State," and the City of La Porte, a municipal corporation, acting by and through its duly authorized officers, hereinafter called the "City." WITNESSETH WHEREAS, the State owns and operates a system of highways for public use and benefit, including West Main Street, in Harris, County; and WHEREAS, the City has requested the temporary closure of West Main Street for the purpose of a Casino Games/Auction and Trade Day, as described in the attached "Exhibit A," hereinafter identified as the "Event;" and WHEREAS, the Event will be located within the City's incorporated area; and WHEREAS, the State, in recognition of the public purpose of the Event, wishes to cooperate with the City so long as the safety and convenience of the traveling public is ensured and that the closure of the State's right-of-way will be performed within the State's requirements; and WHEREAS, on the 24th day of September, 2001, the La Porte City Council City Council passed Resolution No. :J.. 00 1- II ' attached hereto and identified as "Exhibit B," establishing that the Event serves a public purpose and authorizing the City to enter into this agreement with the State; and CLOSURE (Incorporated) 1 of8 7-00 e e WHEREAS, 43 Tex. Adm. Code, Section 22.12 establishes the rules and procedures for the temporary closure of a segment of the State highway system; and WHEREAS, this agreement has been developed in accordance with the rules and procedures of 43 Tex. Adm. Code, Section 22.12; AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: I. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Event or unless terminated or modified as hereinafter provided. 2. EVENT DESCRIPTION The description of the Event, including the proposed schedule of start and stop times, approximate number of people attending the Event, and equipment involved shall be attached hereto and identified as "Exhibit C." 3. OPERATIONS OF THE EVENT A. The City shall assume all costs for the operations associated with the Event, to include but not limited to, plan development, materials, labor, public notification, providing protective barriers and barricades, protection of highway traffic and highway facilities, and all traffic control and temporary signing. B. The City shall submit to the State for review and approval the construction plans, if construction or modifications to the State's right-of-way is required, the traffic control and signing plans, traffic enforcement plans, and all other plans deemed necessary by the CLOSURE (Incorporated) 20f8 7-00 e e State. C. The City will not initiate closure prior to 24 hours before the scheduled Event and all barriers and barricades will be removed and the highway reopened to traffic within 24 hours after the completion of the Event. D. The City will provide adequate enforcement personnel to prevent vehicles from stopping and parking along the main lanes of highway right-of-way and otherwise prevent interference with the main lane traffic by both vehicles and pedestrians. The City will prepare a traffic enforcement plan, to be approved by the State in writing at least 48 hours prior to the scheduled Event. Additionally, the City shall provide to the State a letter of certification from the law enforcement agency that will be providing traffic control for the Event, certifying that they agree with the enforcement plan and will be able to meet its requirements. E. The City hereby assures the State that there will be appropriate passage allowance for emergency vehicle travel and adequate acc~ss for abutting property owners during construction and closure of the highway facility. These allowances and accesses will be included in the City's traffic control plan. F. The City will avoid or minimize damage, and will, at its own expense, restore or repair damage occurring outside the State's right-of-way and restore or repair the State's right-of-way, including roadway and drainage structures, signs, and pavement, etc. to a condition equal to that existing before the closure, and, to the extent practicable, restore the natural environment, including landscape features. 4. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City CLOSURE (Incorporated) 30f8 7-00 e e will remain the property of the City. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. 5. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By the State upon determination that use of the State's right-of-way is not feasible or is not in the best interest of the State and the traveling public. (3) By either party, upon the failure of the other party to fulfill the obligations as set forth herein. (4) By satisfactory completion of all services and obligations as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred. The City must remedy the breach as outlined by the State within ten (10) days from receipt of the State's notification. In the event the City does not remedy the breach to the satisfaction of the State, the City shall be liable to the State for the costs of remedying the breach and any additional costs occasioned by the State. 6. DISPUTES Should disputes arise as to the parties' responsibilities or additional work under this agreement, the State's decision shall be final and binding. CLOSURE (Incorporated) 40f8 7-00 e e 7. INDEMNIFICATION To the extent permitted by law, the City shall indemnify and save harmless the State, its officers, employees, agents and contractors from all claims and liabilities due to the activities of the City, its officers, employees, agents and contractors performed under this agreement which result from an error, omission or negligent act of the City, its officers, employees, agents or contractors. Additionally, to the extent permitted by law, the City shall save harmless the State, its officers, employees, agents and contractors from any and all expenses, including attorney's fees and court costs which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the City, their officers, employees, agents or contractors. 8. INSURANCE A. Prior to beginning any work upon the State's right-of-way, the City and/or its contractors shall furnish to the State a completed "Certificate of Insurance" (TxDOT Form I ?60, latest edition) and shall maintain the insurance in full force and effect during the period that the City and/or its contractors are encroaching upon the State right-of- way. B. In the event the City is a self-insured entity, the City shall provide the State proof of its self-insurance. The City agrees to pay any and all claims and damages that may occur during the period of this closing of the highway in accordance with the terms of this agreement. 9. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the CLOSURE (Incorporated) 50f8 7-00 e e parties hereto shall be enacted by written amendment executed by both the City and the State. 10. COMPLIANCE WITH LAWS The City shall comply with all applicable federal, state and local environmental laws, regulations, ordinances and any conditions or restrictions required by the State to protect the natural environment and cultural resources of the State's right-of-way. II. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 12. NOTICES All notices to either party by the other required under this agreement shall be delivered persona}lY or sent by certified U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State: Texas Department of Transportation City: La Porte, Texas 604 West Fairmont Parkway La Porte, Texas 77571 CLOSURE (Incorporated) 60f8 7-00 e e All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 13. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. CLOSURE (Incorporated) 70f8 7-00 e e IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF !--Ct- P Or-re' By: GJ~ 'T. ~ City Official ,TEXAS Robert T. Herrera Typed Name City Manager Title Date: q I ~Lflr[) I I ( ATTEST: BY:~ dAJka, fl. /1J.1U.f City Secretary THE STATE OF TEXAS Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretof~re approved and authorized by the Texas Transportation Commission. By: District 1o/D~ ;& ~~ RvU~ -JJO l1~f ~e ff/ (II?-} nLt e Or' LJ OUL~ -Iv l'f fI(fI-- of e!oSu (-t. District Engineer Date: CLOSURE (Incorporated) 80f8 7-00 n nn nn LA PORTE MAIN STREET CASINO GAMES AND TRADE DAY U TrJEJTRrJtJ ULJz w. POLK ST. Co - ~ o )> o ~ -< LEGEND BARRICADE 'DETOUR'SIGN 'ROAD ClOSED AHEAD' SIGN I ... . (j) "% V 10 ~ :;A o (J) CD ~ o )> o ~ -< (J) ..... en - W. "A" ST. -4 (J) :--l (J) N Z o (J) :--l DOUG KNEUPPER. P.E. PLANNING DIRECTOR CITY OF LA PORTE (J) ~ -l I (J) :--l z o ;0 -l I 01 -l I (J) :--l e e (5&[!/$~ ~ 0ejxzrtnzem; ,-F'- \. (~/~ -:: ~Y'-' ~I\ ( ) . ,... 0':='-, ". "'~~.."'''''''-'~-;''''"'- RICHARD E. REFF CHIEF OF POLICE 915 SOUTH 8TH LA PORTE, TEXAS 77571 PHONE 281-471-2141 September 12, 2001 James Keener TXDOT P.O. Box 1386 Houston, TX 77025-1386 The City of La Porte's Main Street Association will be hosting a " Casino Games/Auction and Trade Day" from 10:00 am to 6:00 pm on November 3, 2001. This activity will necessitate W. Main Street from 4th Street east to Broadway Street to be closed. The City Engineer has presented a traffic control plan indicating barricades and detour routing. I have reviewed the plan and concur with its concept. La Porte Police Officers will be present at the establishment of the barricade, during the event, and removal of the barricades and traffic control divisions. If there are any additional questions, please contact me. Respe~, I....d diilt'ir~ Chief of'Police e e LA lPOBTm .AIR ~~0 A~liO(fZIATIGR P.O. BOX 1794 LA PORTE, TEXAS 77572-1794 (281) 471-4600 Mr. R. Herrera City of La Porte P. O. Box 1115 La Porte, tx. 77572 In compliance with city ordinance # 1608a section 7, the La Porte Main Street association submits the following plan for approval: Casino Games/Auction and Trade Day November 3,2001 10:00 a.m. to 6:00 p.m. West Main from First to Fourth $ 1,000,000.00 general liability policy will be provided by Bayshore Insurance. The association will not sell food or alcoholic beverages. W. Main will be closed to trafik from First Street to Fourth Street between the hours of 6:45 a.m. to 6:00 p.m. . Third Street will be closed from Polk to West A . N. Third will be used for staging and entertainment. S. Third will be used for emergency vehicles. Property owners on Main Street req\,lest.that alleys be keep free of trafiic. To avoid hazardous situations, nothing will be placed in the center of Main Street except for trash containers. The rented 40' x 40' tent will be made of fire retardant material. B F I will furnish four portable toilets, two will be handicapped. Trash containers will be emptied regularly by. Sea Scouts or Boy Scouts and contents placed into a B F I dumpster. Available from the La Porte Police Department / reserves two for Casino Games/ Auction area and bicycle patrol on W. Main. Will be held inside a tent placed on our vacant lot in the 300 block ofW. Main Street. Play money will be sold for the games and to purchase auction items. No one under the age of 18 will be permitted to play any game. Rules will be posted at each game. The Seabrook Elks Club will oversee this operation. The games will operate from 11 a.m. until 2:00 p.m. The Auction will start at 3:00 p.m. and is scheduled to be completed by 5:00 p.m.. The profits from the games and auction will go to charity. The enclosed map shows barricade placement. u have questions please call Jim France @ 281-471-5551 Jim Fr e, President La Porte MainStreet Association . . PRESER.VINg YESTER.YEAR.... BUJ1DINg TOMOR.R.OW Dear Mr. Herrera Event: Date: Time: Location: Insurance: Barricades: Fire & Emerg~ncies Sanitation: Trash: Security: Casino Games: .. ACORD.. CERTIFICA OF LIABILITY INSU N C MSR SK ~INS-1 09/17/01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DATE (MM/DDIYY) PRODUCER Bayshore Insurance Agy., Inc. P.O. Box 1459 La Porte TX 77572-1459 Phone:281-471-2111 Fax:281-471-7315 INSURED INSURERS AFFORDING COVERAGE Main Street Association P. O. Box 1794 La Porte TX 77572-1794 INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: Scottsdale Insurance Co COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'rf; TYPE OF INSURANCE POLICY NUMBER DATE-IMM/DDIYYI Pci'A TE IMM/DDIYVI' LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - 10/01/01 10/01/02 A X COMMERCIAL GENERAL LIABILITY CLS-0783807 FIRE DAMAGE (Anyone fire) ~._____5J!.!__Q.9~_ -'-' -I CLAIMS MADE [!J OCCUR _'_h_._..._n_.__..__ MED EXP (Anyone person) $ 1,000 X $500 Oed. PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $1,000,000 Xl n PRO- nLOC X POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - (Ea accident) $ ANY AUTO - ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ tJ OCCUR o CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TORY L1MrrS I IUE~' EMPLOYERS' LIABILITY C.L. EACH ACCIDi:;NT $ E.L. DISEASE. EA EMPLOYEE $ E.L DISEASE. POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER: A . CANCELLATION CITY-LP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN - NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of La Porte IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR P. O. Box 1115 La Porte TX 77572-1115 REPRESENTATIVES. I Ken ~~~!J L . L anStlD.u. strum Insurance ACORD 25-5 (7/97) @ACORD CORPORATION 1988 'rxDOT Form 1560 (Rev 0212001) Previous e.s of this form may not be used, Page 1 of 2 e Texas Department of Transportation (TxDOT) CERTIFICATE OF INSURANCE Prior to the beginning of work, the Contractor shall obtain the minimum insurance and endorsements specified. Only the TxDOT certificate of insurance form is acceptable as proof of insurance for department contracts, Agents should complete the form providing all requested information then either fax or mail this form directly to the address listed on the back of this form. Copies of endorsements listed below are not required as attachments to this certificate. Insured: Main Street Association Street/Mailing Address: P.O. Box 1794 City/StatelZip: La Po rt e, TX 77 572 -1794 Phone Number: Area Code~81) 471-5551 Workers' Compensation Insurance Coverage: E f S . t f TOOT ndorsed with a Waiver 0 ubroQation In avor 0 x Carrier Name: Carrier Phone #: Address: City, State, Zip: Type of Insurance Policy Number Effective Date Exoiration Date Limits of Liability: -- Workers' Compensation Not Less Than: Statutory - Texas Comprehensive General Liability Insurance: Ed' T DOT Ad' I d d h W' f S b , f f TOOT n orsed with x as dltional nsure an wit a alver 0 u rOQatlon In avor 0 x Carrier Name: Scottsdale Ins. Co. Carrier Phone #: 800-666-0345 Address: % Delta General Agency, P. O. Box 20/ bty, State, Zip: Houston, TX 77252 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Comprehensive General Not Less Than: Liability Insurance Bodily Injury $ 500,000 each occurrence Property Damage $ 100,000 each occurrence OR $ 100,000 for aggregate Commercial General OR Liability Insurance CLS-0783807 10/01/01 10/01/02 I $ 600,000 combined single limit Comprehensive Automobile Liability Insurance: E d d 'th TOOT AddT II d d 'th W' fS b r . t f TOOT n orse WI x as Ilona nsure an WI a alver 0 u roaalonln avoro. x Carrier Name: Carrier Phone #: Address: City, State, Zip: Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Comprehensive AutomobiJe Liability Insurance OR Texas Not Less Than: Business Automobile Policy $ 250,000 each person Bodily Injury $ 500,000 each occurrence Property Damage $ 100,000 each occurrence I Umbrella Policv (if apolicable): Carrier Name: Carrier Phone #: Address: City, State, Zip: Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Umbrella Policy Authorized Agent name address and zip code Bavshore Insurance Agency, Inc., P. O. Box 1459, La Porte, TX 77572-1459 This Certificate of Insurance neither affirmatively nor negatively amends, extends, or alters the coverage afforded by the above insurance policies issued by the named insurance company. Cancellation of the insurance policies shall not be made until THIRTY DAYS AFTER the agent or the insurance company has sent written notice by certified mail to the contractor and the Texas Department of Transportation. THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named meet all the requirements stipulated and such policies are in full force and effect. If this form is sent by facsimile machine (fax), the sender adopts the document received by TxOOT as a duplicate original and adopts the signature produced by the receiving fax machine as the senders original signature. 9/17/01 Date Area Code (281) 471-2111 Authorized Agent's Phone Number Page 2 of 2 e e Texas Department of Transportation NOTES TO AGENTS: Agents must provide all requested information then either fax or mail this form directly to the address listed below. Pre-printed limits are the minimum required, if higher limits are provided by the policy, enter the higher limit amount and strike-through or cross-out the pre-printed limit. To avoid work suspension, an updated insurance form must reach the address listed below one business day prior to the expiration date. Insurance must be in force in order to perform any work. Binder numbers are not acceptable for policy numbers. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect. Do not refer to specific projects/contracts on this form. The TxDOT certificate of insurance form is the only acceptable proof of insurance for department contracts. List the contractor's legal company name, including the DBA (doing business as) name as the insured or list both the contractor.and staff leasing service as insured when a staff leasing service is providing insurance. Over-stamping and/or over-typing entries on the certificate of insurance are not acceptable if such entries change the provisions of the certificate in any manner. This form may be reproduced. The SIGNATURE of the agent is required. Stamped/typed/printed signatures are not acceptable. CERTIFICATE OF INSURANCE REQUIREMENTS: WORKERS' COMPENSATION INSURANCE: The contractor is required to have Workers' Compensation Insurance if the contractor has any employees including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers' Compensation Law. GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers' Compensation. COMPREHENSIVE GENERAL LIABILITY INSURANCE or COMMERCIAL GENERAL LIABILITY INSURANCE: If coverages are specified separately, they must be at least these amounts: Bodily, Injury Property Damage $500,000 each occurrence $100,000 each occurrence $100,000 for aggregate MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive General Liability Insurance or Commercial General Liability Insurance. COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE or TEXAS BUSINESS AUTOMOBILE POLICY: The coverage amount for a Texas Business Automobile Policy or Comprehensive Automobile Liability may be shown as a minimum of $600,000 Combined Single Limit by a typed or printed entry and deletion of the specific amounts listed for Bodily Injury and Property Damage. BASIC AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for Comprehensive Automobile Liability Insurance or Texas Business Automobile Policy. e e e e Agenda Date Requested: Se OR CITY COUNCIL AGENDA ITEM Appropriation Requested By: Source of Funds: nla Department: Account Number: nla Report: Resolution: X Ordinance: Amount Budgeted: nfa Exhibits: Resolution Amount Requested: ilIa Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Northside neighborhood leaders and the City of La Porte collaborated with the consulting fIrm, Hawes, Hill, and Associates, to develop a Northside Community Neighborhood Plan which was adopted by City Council on November 13,2000. The purpose of the plan is to guide the residents, the City and others regarding opportunities to enhance the quality of life in the Northside Community. This plan will provide a guide for decisions and actions designated to lead the Northside area toward continued community improvement and revitalization. In several meetings the Northside neighborhood leaders and residents consistently expressed their concern that the commercial activities on Barbour's Cut Boulevard would eventually overwhelm the residential neighborhood. This resolution would utilize the unimproved East "E" Street right-of-way as a buffer to further insulate the neighborhood from the commercial activities along Barbour's Cut Boulevard. Staff recommends approval ofa resolution establishing intent to promote and utilize East "E" Street right-of-way from North 1 51 Street to the alley between North 7th Street and North 8th Street as a buffer between commercial areas on Barbour's Cut Boulevard and residential areas. Action Required bv Council: Consider approval of a resolution establishing intent to promote and utilize East "E" Street right-of-way from North 1 51 Street to the alley between North 7th Street and North 8th Street as a buffer between commercial areas on Barbour's Cut Boulevard and residential areas. Approved for City Council A!!enda cY~ T,t\~ Robert T. Herrera, City Manager q. ~O'D\ Date e e RESOLUTION NO. 01- I ^ THIS IS A RESOLUTION ESTABLISHING INTENT TO PROMOTE AND UTILIZE NORTH "E" STREET RIGHT -OF-WAY FROM NORTH 1ST STREET TO THE ALLEY BETWEEN NORTH 7TH AND NORTH 8TH STREET AS A BUFFER BETWEEN COMMERCIAL AREAS ON BARBOUR'S CUT BOULEV ARD AND RESIDENTIAL AREAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council adopted the Northside Neighborhood Plan on November 13,2000. WHEREAS, the purpose of the Northside Neighborhood Plan is to guide the residents, the City of La Porte, and others regarding the quality of life within the Northside Community. WHEREAS, unimproved North "E" Street right-of-way provides a convenient boundary between the commerciallbusiness industrial zoning district and the residential districts to the south. WHEREAS, there is opportunity to utilize the unimproved North "E" Street right-of-way as a buffer to further insulate the neighborhood from the commercial activities along Barbour's Cut Boulevard. WHEREAS, City Council determines there is no public need at this time, to utilize North "E" Street right-of-way for vehicular access. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. City Council does hereby promote the use of the unimproved North "E" Street right-of-way from North 1 st Street to the alley between North 7th and North 8th Street as a buffer between the commercial activities on Barbour's Cut Boulevard aIld residential areas and hereby directs Planning and Zoning Commission, staff and others to consider this resolution when dealing with matters of development bordering unimproved North "E" Street right-of-way. e e 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, Tx Gov't 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 contents and posting thereof. Section 3. This Resolution shall be effective upon its passage and approval. PASSED AND APPROVED this ~ day of September 2001. CITY OF LA PORTE ATTEST: By: '. \ e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 24. 2001 Requested By: J. L. Sease Appropriation Source of Funds: NIA Department: Emerl!encv Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: COpy of Contract Amount Requested: Exhibits: COpy of Ordinance Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The City has negotiated a new contract with the Port of Houston for secondary fire suppression service to the Barbour's Cut Terminal for a period of two years. The contract, effective October 1, 2001, is for two years with an automatic increase built in for the second year with a minimum of2.5%. The first year is for $2,625.00 monthly or $31,500.00 annually. Attached is an ordinance authorizing the City Manager to execute a contract with the Port of Houston for secondary fire suppression service at Barbour's Cut Terminal. Action Required bv Council: Approve an Ordinance authorizing the City Manager to execute a contract with the Port of Houston for secondary fire suppression service. Approved for City Council A!!enda ~T.~ Robert T. Herrera, City Manager tt-li'Ol Date e e ORDINANCE NO. 2001-~~/~ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR FIRE SUPPRESSION SERVICES, 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. 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. e ORDINANCE NO. 2001-~SI" e PASSED AND APPROVED, this 24th day of September, 2001. ATTEST: iflaAt/JdJ a . .)(.vdt Mar ha A. Gillett City Secretary APPROVED: . /1~ ~1c! ~~ Knox W. Askins City Attorney By: CITY OF LA PORTE ~~---- 'N man L. Ma on . Mayor P1lGE 2 . \U~ \' .,r Ct. \ ~ -) \u" \\L ':-.rnt.WV:, II-=> R TOMl1'< "~'~l.; t, t\UO\iO, RR\"" CI;,.i'" ....". C u" ;:,.. ",\(.'-.1 --:,. /,.i ,,) I,t"< ,",OUS \ Ie ... '" 8~ 20 ()2 J~~ - 3 t.:n e e fHfI Hie {VO. aooo-03'f' CONTRACT STATE OF TEXAS s s s KNOW ALL MEN BY THESE PRESENTS: This Agreement made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE' and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County, Texas hereinafter referred to as "PORT", WITNESSETH: WHEREAS, PORT is in need of certain governmental services for the benefit of the pec;>ple and property at its Barbour's Cut Terminal; and WHEREAS, LA PORTE is able and willing to provide said governmental services to PORT, upon the terms, conditions, and covenants herein contained: NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is hereby agreed as follows: I. A. GENERAL PROVISIONS For and during the year beginning on the 1st day of October, 2001, and ending on the 30th day of September, 2003, LA PORTE agrees to furnish to PORT, the secondary fire suppression services hereinafter more described. This agreement shall remain in effect after September 30,2003 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. II. cxr# 11/'17101 e e II. For and in consideration of the governmental services to be provided by LA PORTE, to PORT, PORT agrees to pay LA PORTE the monthly sum of Two Thousand Six Hundred Twenty Five Dollars, $2,625.00. Such charges to be paid in full by ,PORT to LA PORTE, on or before the tenth day of the month following the month in which such services were rendered. ANNUAL COST OF CONTRACT ADJUSTMENT - Beginning October 1, 2002 .and in subsequent years thereafter, there shall be a cost of contract adjustment of the rates. The annual cost of contract adjustment shall be calculated by multiplying the previous annual rate by a factor of the larger of 2.5 percent (2.5%) or the Consumer Price Index -Urban (CPI-U) using September 2001 as the base. However, the annual rate increase shall not exceed five percent (5%). III. LA PORTE will not be liable for loss or damage to person or property arising from or caused by or resulting from alleged negligence of LA PORTE, its officers, employees, or volunteers, in carrying out this contract. PORT agrees to release and hold harmless, from any such claim for loss or damage by itself, or by any person, firm, corporation, or association, in connection with this contract. PORT further agrees to reimburse LA PORTE the fair market value of any of LA PORTE'S equipment damaged or destroyed while engaged in fire suppression services in behalf of PORT hereunder. IV. PORT shall provide primary fire suppression service, which routinely includes nuisance type fire calls, and Life Flight landings. LA PORTE agrees to provide secondary fire suppression services for structural fires, rescue calls beyond the capability of the PORT, and catastrophic events within PORT'S Barbour's Cut Terminal, (but not including on board vessel fires), for the term of this agreement, upon the terms and conditions herein contained, when in the judgement of PORT employees, such service is necessary to deal with a specific emergency. V. Sole discretion will rest with the LA PORTE Fire Chief, or his duly authorized assistants, as to the personnel and equipment that will answer each call for assistance from the PORT, provided that protection will be adequate (meaning e e reasonable protection, considering available personnel and equipment of LA PORTE'S Fire Department). VI. PORT agrees to authorize LA PORTE duly authorized officers the right to inspect or tour property within PORT'S Barbour's Cut Terminal, with a member of the PORT'S management or marine operations present. Additionally, during calls for assistance, LA PORTE will determine safe operation areas on PORT property that include, but are not limited to, closure of roadways, trucks, cranes, tractors, etc. for the protection of LA PORTE'S personnel and equipment. VII. This contract shall come effective at 12 am Central Time, on the 1st day of October 2001, and shall remain in full force and effect until the 30th day of September 2003, unless otherwise cancelled as provided in Paragraph I. Above. This contract is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable State and Federal Laws. EXECUTED IN DUPLICATE ORIGINALS, as of this the 1st day of October 2001. CITY OF LA PORTE By: Qob.J: -r: t-\~ Robert T. Herrera, City Manager A lTEST: By:\v/nJ (tLtfICL. a IiI cEal City Secretary By: ,~ AlTEST: BY: / / I -I fJ"''''e-r t/l/c. "') ~1'C;'"T.7i"L-t.' Ll){ze"" d~. t.L. L;Ocr {' d-f; fL 'f.-l' l =-~ ;;,/... '/J /... 1-':;' ./i ~. /7""'- 1 r J 4' -17 /~ 1,L.~. (!~/;';&7'A' 0-c.'~-c.~. . J &-117'?~t,f'J,t., I /'14. u~ ~~~(~~/~ 1/2/1' -v PURCHASE ORDER PORT OF HOUSTON AUTHORITY P.O. BOX 2562 HOUSTON, TEXAS 77252 PHONE (713) 670-2460 e 84190-000 PAGE 0001 _ORDER DATE 12/26/01 r.lUST BE SHOl'm ON ALL IN. VOICES OR IrlVOICES WILL BE RETURNED TO VENDOR PURCHASE ORDER NUMBER FREIGHT pX'bpaid TO 1858 BGT In\foice. tfY mail CITY OF LA POF.:rE ATTN : CASE MJl..NAGE"l>1Eh'T P 0 Bm: 1115 LA PCP~ IX 77572-1115 SHIP TO BARBOUF..3 CUT TEPNINAL 1819 EAST Bl...F.EOtJR.S~ CUT BLVD M(JP,GMIS poniT XX 77571 BUYER DESCRIPTION 713 670-246.0 C;T.m:nS ROSE I UNIT PRICE TOTAL ATTN: ITEM YVETTE RAMl'1 QUANTITY @Eill :t~,..",...~..",'.ti:,:\,~,*".:t:t*..*" Deliver - 12/;:6/01 *;r1:",*..,+>t-*1"*1r*'~***'" * r H T)rllf;:S~ ()therW15e 3peci tied by l.ine i tern U H Purcha5e Order Cu:crency; tlnitRd states Do.l.lar.s a:: 0 ..3' l- ..3' 0':";1') ~<..:: 0 :<~~ 7: j>-...- -=r :-- . :-~ ?: ';:::::;.W N "'01- I "'U.fJ) : ::r. ~::. ::z -'- ...-::c ) 0''':::C: -:l .C:: N -< :z: a 1 Fl...l rni Sri S€! CI)r.dary 'r ire sl..lppre::'lst.nn servic'~ f,;;;.x;.:.;a"1.ue-t:~d of twc; years to 'Barp~1t~;;:;~t;'X,arIfi'1n~:I';:~ the annlial cc.:;t ..9t~1};<5lliIe( jl.Jiifj fii~~~ear. ;..~N~!U',ql'~..;>__1.t~~2E. t'qJ;- ,'l~;" .:~r 'T'~te" at...e"'.....t..."'.n. :..'.. .; f. !". >1'.(' ""I ...........1!i',J. " <,. .l.. ~, d:' ","', "',0' ~. 't. { !-.i ....;~nr.;u. ill' cost. .~.'~.iu5ttr..eti't.. s~aj..l ;He ~..", .(.'/ " .;;; - \'..!.. , ~~ ;:'''' t. "'\.;--alculat..d tf.J;multiijlv.lt..~. - n..~i"'ev~cu.::: /"f '.. I ~'< ..,. ""1 ...l ,<r .~.J;~", "if, .-; '" a;1:ttual .rat.~.:~.;'if.'~:i~ or C~J:-tU.-! ~ t,;:. f/ .f. _, ~::c~ert $t.1 j.~:lU '7r,"r""'" \'. ::....~, f~t //; ;.',,-' iOAJijf::.' .... aR'h":o,,t.t:::Jt~OOi\..(ir"'.fld8 /' I --.,.' .',,' - .. ........E!\\ '.- Y: 1 ~.-, ifEA~n:L~.;i! Q I !6'''\~, ;r /.-1 'f,' . . . :~A. ."::: ",.,,)1i' .~~:::j.n:~:7 .J;", ,;...",) p 31, 500.000~:;P-"~ ~rF.E'SUP..~. ~~.., " ,to ", +~/OOOQ 'if'''; .,. F'I;lrnish j.Seo?>nda-=l:::',J lrire Sflii:'viIC*,,1/;::; . ,.,. '.." :,,", ~J ~.:- .. 10. .// "'::}]I :/,'1{ t. "" .' . . ". . p'" ~.'Jl , , ~ '....~,.. ~/... ''':J. ,,'i' .~.... ,,,-,<f( Purchase orae:e TC"iaJ.~; /,' ~ ,',~ ri", -'...co.. ., .1'~/ ~'" ~_/ r \, Z',,"c,iituct, IR.tal: ..:;:'::/. ...I\..p' '4 i,J [,~'",.?( /\ 'i' ;.:~~ :.::: .....~ \': ;,., " ~;;;... ~i?tal 'j,\m~uritltr': '~,. .r:-s? ""~".r'\ I, . '...... t l .. 'tj ...._....:;,."";tw End O!\'~ll:i~I~~f~1'a~ 84190-000 31,500.00 31,500.00 31,500.00 DIRECTOR CONDITIONS ON BACK ARE A PART OF THIS AGREEMENT ORIGINAL FUNDS ARE AVAILABLE TO MEET THIS OBUGATION WHEN DUE //} r . . COUNTY AUDITOR / ~;' J~~ BY: c.-ct:a. _i . .,' . .. TAX EXEr.1PTION FORr\lS ON REVERSE SIDE e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 24. 2001 Appropriation Requested By: J. L. Sease Source of Funds: N/A Department: Emer2encv Se Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: COpy of Contract Amount Requested: Exhibits: COpy of Ordinance Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Staff has met with the Association of Bayport Companies, Inc. Staff (A.B.C.) and developed a new contract for EMS Service to the Bayport Industrial Area. The present contract is for the annual sum of $15.00 per employee. The new contract calls for a five percent increase or the annual sum of $15.75 per employee. This employee contract includes all full time contractors on site. The contract, effective October 1, 2001, is for two years with an automatic increase built in for the second year with a minimum of 2.5%. Action Required bv Council: Approve an Ordinance authorizing the City Manager to execute a contract with the Association of Bayport Companies for emergency medical service. Approved for City Council A!!enda ~f,~~ Robert T. Herrera, City Manager -.!LJ f{ '0\ Date e e ORDINANCE NO. 2001-dS/3 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC., FOR EMERGENCY MEDICAL SERVICES, 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. 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. e ORDINANCE NO. 2001-~SI) e PASSED AND APPROVED, this 24th day of September, 2001. ATTEST: ~11l0AJiJ a.~ (), . JjJ lit Mar ha A. Gillet City Secretary Knox W. Askins City Attorney CITY OF LA PORTE By: yw~---- ~~1 L. Malon Mayor PAGE 2 e e CONTRACT STATE OF TEXAS 9 9 9 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS THIS CONTRACT made and entered in to by and between the CITY OF LA PORTE, a municipal corporation of Harris county, Texas, hereinafter referred to as "LA PORTE" and the ASSOCIATION OF BAYPORT COMPANIES, INC., a Texas Non- Profit Corporation, hereinafter referred to as "AB.C.", WITNESSETH: WHEREAS, AB.C. is in need of certain Emergency Medical Services for the benefit of the people at its Service Area as outlined on Exhibit "A", attached hereto; and WHEREAS, LA PORTE is able and willing to provide said governmental services to AB.C., upon the terms, conditions, and covenants herein contained: I. GENERAL PROVISIONS For and during the year beginning on the 1st day of October, 2001, and ending on the 30th day of September, 2003, LA PORTE agrees to furnish to ABC, the emergency medical services hereinafter more specifically described. This agreement shall remain in effect after September 30, 2003 until canceled by either party hereto / giving ninety (90) days written notice to the other party hereto. II. For and in consideration of the emergency medical services to be provided by LA PORTE, ABC agrees to pay LA PORTE the sum of Fifteen and 75/100 Dollars ($15.75) per on-site employee of the ASSOCIATION OF BAYPORT COMPANIES members, comprised with in the service area. Such payment shall be made on or before the 1 st day of October, 2001. The employee count, which AS.C. represents to LA PORTE to be approximately between Five Thousand (5,000) and Six Thousand (6,000) on an annual basis, shall be based upon the number of full-time equivalent, on-site employees and shall include the number of recurring-contract workers (such as maintenance contracts that are used for scheduled plant maintenance). The number of covered personnel is to be provided by each individual plant within the service area and furnished to AB.C. for the computation of the annual fee, which shall occur on or before October 1, 2001. AB.C. shall furnish to LA PORTE said census count furnished to them during the month of September during each year of this contract. e e ANNUAL COST OF CONTRACT ADJUSTMENT - Beginning October 1, 2002 and in subsequent years thereafter, there shall be a cost of contract adjustment of the rates. The annual cost of contract adjustment shall be calculated by multiplying the previous annual rate by a factor of the larger of 2.5 percent (2.5%) or the Consumer Price Index - Urban (CPI-U) using September 2001 as the base. However, the annual rate increase shall not exceed five percent.(5%). III. LA PORTE agrees to provide emergency medical services at A.B.C.'s Service Area. LA PORTE shall transport patients to one of the nearest hospitals providing emergency services that is defined by the transport policy of the City of La Porte Emergency Medical Services. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council. IV. Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE's Emergency Medical Services) and dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. V. COMPLIANCE WITH LAW AND ORDINANCES LA PORTE agrees to operate the ambulances in accordance with the requirements of the State and Federal law, and applicable municipal or county ordinances, as the same now exists, and as may be amended from time to time hereafter. VI. LIABILITY INSURANCE During the term of this Contract and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of e e its employees administering patient care, with minimum limits of ($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; and ($300,000.00) for each accident. LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall maintain collision and liability insurance on the ambulances, with at least maximum limits of $100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; ($300,000.00) for each single occurrence for bodily injury or death; and uninsured and under-insured motorists coverage providing at least ($100,000.00) for each person, and ($300,000.00) for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq. Of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. The City shall file certificates of insurance coverage with AS.C. during the terms of this Contract and any extension thereof. On all said insurance policies, AS.C. shall be named as an additional insured. VII. REVOCATION OF CONTRACT Either AS.C. or LA PORTE may cancel this Contract, without cause; after giving at least ninety (90) days written notice to the non-canceling party. Such notice shall be sent by LA PORTE to AS.C. at Post Office Sox 691, La Porte, Texas 77572-0691. Such notice shall be sent by AS.C. to LA PORTE at P. O. Sox 1218, La Porte, Texas, 77572-1218, Attention: City Manager. VIII. TERM This contract shall become effective at 12:00 AM. Central Time, on the 1st day of October, 2001, and shall remain in full force and effect until the 30th day of September, 2003, unless otherwise canceled as provided in paragraph VIII above. This Contract is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable state and federal laws. IX. This Contract constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This Contract may be amended only by a written instrument signed by all parties. e e This contract shall be governed by and construed in accordance with the laws of the State of Texas. EXECUTED IN DUPLICATE ORIGINALS, as of this the Lday of "'GToMR. , 2001. ASSOCIATION OF B~COMPANIES' INC. By: ;{;tJ , , President ATTEST: ~ '4cL- Colleen Hicks, Secretary CITY OF LA PORTE By:CX~ \. ~~~ Robert T. Herrera, City Manager ATTEST: ~~ /V/L<<-' Ma ha Gillett, City Secretary e - e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 24. 2001 Requested By: J. L. Sease .f#- Department: Emerl!encv se~es Appropriation Source of Funds: NI A Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: Copv of Contract Amount Requested: Exhibits: Copv of Ordinance Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Staff has developed a new contract for contract services to the City of Morgan's Point. We provide Emergency 911 Dispatch, Jail, Fire Protection, and EMS service to Morgan's Point. The new contract is a five percent increase over the current contract. The contract, effective October 1, 2001, is for two years with an automatic increase built in for the second year, with a minimum of2.5%. Action Required bv Council: Approve an Ordinance authorizing the City Manager to execute a contract with the City of Morgan's Point for Dispatch, Jail, Fire, and Emergency Medical service. Approved for City Council A!!enda Qol~ T \-\~ Robert T. Herrera, City Manager 3.,K'O( Date e -1l1b/ecl CV~~ri ORDINANCE NO. 2001-~/~ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE CITY OF MORGAN'S POINT, FOR EMERGENCY 911 DISPATCH AND JAIL SERVICES, FIRE SUPPRESSION SERVICES, AND EMERGENCY MEDICAL SERVICES, 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. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, p~ace 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. e ORDINANCE NO. 2001-"51~ e PASSED AND APPROVED, this 24th day of September, 2001. ATTEST: ~~ a. ,~A1J11 a ha A. Gille t city Secretary APPROVED: ~ ~ 7'2:;Ad z:tI ~ Knox W. Askins City Attorney By: CITY OF LA PORTE 4~~ N .man L. Malo . Mayor P1\.GE 2 e e AGRFFMFNT STATE OF TEXAS s s s KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS This Agreement made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the CITY OF MORGAN'S POINT, a municipal corporation of Harris County, Texas, hereinafter referred to as "CITY", WTTNFSSFTH WHEREAS, CITY is in need of certain governmental services for the benefit of the people and property within its city limits, and WHEREAS, LA PORTE is able and willing to provide said governmental services to CITY, upon the terms, conditions, and covenants herein contained: NOW, THEREFORE, pursuant to the authority granted by Chapter 791, "Interlocal Cooperation Contracts", Texas Government Code, and in consideration of the mutual covenants, agreements, and benefits to both cities, it is hereby agreed as follows: A GFNFRAT. PROVTSTONS I. For and during the year beginning on the 1st day of October, 2001, and ending on the 30th day of September, 2003, LA PORTE agrees to furnish to CITY, the governmental services hereinafter more specifically described. This agreement supersedes any prior agreement between the partners on the subject matter hereof. This agreement shall remain in effect after September 30, 2003 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. II. For and in consideration of the governmental services to be provided by LA PORTE to CITY, CITY agrees to pay LA PORTE as follows, to wit: (1) Monthly base charge as follows: Total $ 567.00 1,567.00 1 ,1 RR 00 $3,322.00 Emergency 911 Dispatch and Jail Service Fire Protection Emergency Ambulance Service ANNUAL COST OF CONTRACT ADJUSTMENT - Beginning October 1,2002 and in subsequent years thereafter, there shall be a cost of contract adjustment of the rates. The annual cost of contract adjustment shall be calculated by multiplying the previous annual rate by a factor of the larger of2.5 percent (2.5%) or the Consumer Price Index -Urban (CPI-U) using September 2001as the base. However, the annual rate increase shall not exceed five percent (5%). 1 e e (2) A further sum of $Jl4Q per prisoner per day or any fraction thereof. The total of such base charges, plus charges for said specific services, to be paid in full by CITY to LA PORTE, on or before the tenth day of the month following the month in which such services were rendered. Payments by CITY shall be made from current revenues available to CITY. m. LA PORTE will not be liable for loss or damage to person or property arising from or caused by or resulting from alleged negligence of LA PORTE, its officers or employees or volunteers in carrying out the terms of this agreement. CITY agrees to indemnify, and save and hold LA PORTE harmless, from any such claim for loss or damage by itself, or by any person, firm, corporation, or association, in connection with this agreement. IV. Either party to this agreement may cancel by giving sixty (90) days written notice to the other party. Such notice will be effective as of midnight of the last day of the calendar month after the expiration of such sixty (90) days notice. V. CITY personnel shall abide by all LA PORTE rules, regulations, and policies, as they now exist, or may be amended hereafter, relating to the services rendered including the use of facilities made available to the CITY under the terms of this agreement. R EMERGENCY 911 DTSPATCH SERVTCES I. LA PORTE agrees to receive telephone calls and to dispatch radio calls to CITY patrol units. II. LA PORTE further agrees that a dispatcher will be available at the LA PORTE Police Department to render this service twenty-four (24) hours a day for the duration of this agreement. C T AlT. I. LA PORTE agrees to allow CITY to temporarily confine persons arrested by CITY's law enforcement officers in the LA PORTE City Jail until such time as they can be properly released or conveniently moved by the proper authorities to the Harris County Jail. II. CITY agrees to keep certifications current of all law enforcement officers, required by the Texas Commission on Law Enforcement standards and education or other appropriate regulatory authority having jurisdiction, and shall provide copies of same to LA PORTE, if so requested. III. CITY will be solely responsible for all medical care for, and all transportation of arrestees brought to and/or being taken from the LA PORTE jail. In addition, CITY shall be solely responsible for the security of the arrestee during said transportation. 2 e e IV. LA PORTE may suspend service and may refuse to accept any arrestee from CITY, in its sole discretion. J) FTRF PROTFrTTON I. LA PORTE agrees to provide fire protection for real and personal property situated within CITY, for the term of this agreement, upon the terms and conditions herein contained. II. Sole discretion will rest with the LA PORTE Fire Chief, or his duly authorized assistants, as to the fire fighters and equipment that will answer each fire alarm, provided that protection will be adequate (meaning reasonable protection, considering available fire fighters and equipment of LA PORTE'S Fire Department) and sending of fire fighters and equipment to protect property within CITY will be subordinate to requests for, and rendering of, fire protection within LA PORTE. III. CITY agrees to pay LA PORTE for fire protection services, the amounts, and in the manner, hereinabove specified. F FMFRGFNrV AMRTJT.ANrF SFRVTrF I. As part of the consideration expressed herein, LA PORTE agrees to furnish ambulances and the personnel to man those ambulances, said ambulance service being available on a constant basis. LA PORTE shall regularly maintain said ambulance units, keep them in good working condition at all times, normal wear excepted. , II. LA PORTE shall transport patients to the nearest hospital providing emergency service, that will take the patient, unless the patient's safety or unless the patient specifically dictates otherwise. In the event the patient is incapacitated, the ambulance attendant shall designate transportation of patient to the nearest hospital. III. LA PORTE shall be permitted to charge patients the following base charge, to-wit: (1) Amhllhmce Service Hncl TnvHlic1 rOHch Service: (a) LA PORTE shall be entitled to charge fees for its services rendered. (b) Method of dividing cost among patients if more than one is carried in the same ambulance simultaneously to one hospital: One and one-half (1 1/2) times the regular rate, divided by the number of patients transported; each patient to pay equal amount. LA PORTE shall never deny emergency service because of a person's inability to pay. 3 e e IV. LA PORTE agrees to operate the ambulances in accordance with the requirements of the State and Federal Law, and applicable ordinances of CITY, as same now exist, and as may be amended from time to time hereafter. V. LA PORTE's primary obligation hereunder is to serve the area described as the corporate limits of the City of La Porte, plus the area within the City of La Porte's Battleground Industrial District, the City of La Porte's Bayport Industrial District, and the corporate limits of the City of Morgan's Point. LA PORTE, however, shall have the right and privilege to furnish ambulance service to other entities, including cities and water districts, within the boundaries of the La Porte Independent School District; provided, that the basic level and quality of service to the City of Morgan's Point, as provided for herein, is not diminished. LA PORTE shall be entitled to retain revenues received under such other contracts. LA PORTE shall charge its usual and customary fees for such service within such other cities and entities, which fees shall not be less than those prescribed hereunder. F ORDTNANrF. CITY shall promptly enact, and vigorously enforce, an Ordinance making it a misdemeanor for any person to make a "false alarm" to the LA PORTE Dispatch Service, for any emergency servIces. 4 e e WITNESS OUR HANDS and the Seals of our respective Cities, effective as of the 1 st day of October, 2001. PASSED AND APPROVED by the City Council of the City of La Porte, by its Ordinance No. 01- a~1 tf-, on the~. day of 6 f:"in . ,2001. PASSED AND APPROVED by the City Council of the City of Morgan's Point, by its Ordinance No. ,on the day of ,2001. CITY OF LA PORTE BY:~ T \-\~ City Manager ~d- (} .HJJJJJ City ecretary CITY OF MORGAN'S POINT By: Mayor ATTEST: City Secretary 5 .e e tJL u e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 24. 2001 Appropriation Department: Emerl!encv Source of Funds: N/A Requested By: J. L. Sease Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: COpy of Contract Amount Requested: Exhibits: COpy of Ordinance Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The City has negotiated a new contract with the Port of Houston for emergency medical service to the Barbour's Cut Terminal for a period of two years. The contract, effective October 1, 2001, is for two years with an automatic increase built in for the second year with a minimum of 2.5%. The first year is for $2,000.00 monthly or $24,000.00 annually. Attached is an ordinance authorizing the City Manager to execute a contract with the Port of Houston for emergency medical service at Barbour's Cut Terminal. Action Required bv Council: Approve an Ordinance authorizing the City Manager to execute a contract with the Port of Houston for emergency medical service. Approved for City Council A!!enda ~ LJl~ Robert T. Herrera, City Manager ~. tcg .0\ Date e e ORDINANCE NO. 2001-~/5' AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR EMERGENCY MEDICAL SERVICES, 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. 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. e ORDINANCE NO. 2001-~~/~ e PASSED AND APPROVED, this 24th day of September, 2001. ATTEST: By: Lf!laufiL fi. fl.uur Mar ha A. Gillett City Secretary o~zv!~ Knox W. Askins City Attorney CITY OF LA PORTE /4~~../~ NQrma L. Malone Mayor PAGE 2 flfff fi/~ (l}1J. 'ir- ~ e CONTRACT STATE OF TEXAS 9 9 9 KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE' and the PORT OF HOUSTON AUTHORITY, a body P91itic of Harris County, Texas hereinafter referred to as "PORT", WITNESSETH: WHEREAS, PORT is in need of certain governmental services for the benefit of the people and property at its Barbour's Cut Terminal; and WHEREAS, LA PORTE is able and willing to provide said governmental services to PORT, upon the terms, conditions, and covenants herein contained: NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is hereby agreed as follows: I. GENERAL PROVISIONS For and during the year beginning on the 1st day of October, 2001, and ending on the 30th day of September, 2003, LA PORTE agrees to fumish to PORT, 'the emergency medical services hereinafter more specifically described. This agreement shall remain in effect after September 30, 2003 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. II. For and in consideration of the governmental services to be provided by LA PORTE, PORT agrees to pay LA PORTE the monthly sum of Two Thousand DOllar~oO.OO) [Twenty Four Thousand Dollars ($24,000.00) annually]. JJ- Such es to be paid in full by PORT to LA PORTE, on or before the tenth day . of the month following the month in which such services were rendered. ANNUAL COST OF CONTRACT ADJUSTMENT - Beginning October 1, 2002 and in subsequent years thereafter, there shall be a cost of contract adjustment of the rates. 1r1l "It? lol e e The annual cost of contract adjustment shall be calculated by multiplying the previous annual rate by a factor of the larger of 2.5 percent (2.5%) or the Consumer Price Index - Urban (CPI-U) using September 2001 as the base. However, the annual rate increase shall not exceed five percent (5%). III. LA PORTE agrees to provide emergency medical services at PORT's Barbour's Cut Terminal. LA PORTE shall transport patients to one of the nearest hospitals providing emergency services that is defined by the transport policy of the City of La Porte Emergency Medical Services. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council. IV. Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE's Emergency Medical Services),and dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. V. COMPLIANCE WITH LAW AND ORDINANCES LA PORTE agrees to operate the ambulances in accordance with the requirements of the State and Federal law, and applicable municipal or county ordinances, as the same now exists, and as may be amended from time to time hereafter. VI. LIABILITY INSURANCE During the term of this Contract and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of ($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; e e and ($300,000.00) for each accident. LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall maintain collision and liability insurance on the ambulances, with at least maximum limits of $100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; ($300,000.00) for each single occurrence for bodily injury or death; and uninsured and under-insured motorists coverage providing at least ($100,000.00) for each person, and ($300,000.00) for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq. of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. The City shall file certificates of insurance coverage with the PORT during the terms of this Contract and any extension thereof. On all said insurance policies, PORT shall be named as an additional insured. VII. REVOCATION OF CONTRACT Either the PORT or LA PORTE may cancel this Contract,. without cause; after giving at least ninety (90) days written notice to the non-canceling party. Such notice shall be sent by LA PORTE to the PORT at P. O. Box 2562, Houston, Texas 77252- 2562, Attention: Director of Protection Services. Such notice shall be sent by the PORT to LA PORTE at P. O. Box 1218, La Porte, Texas, 77572-1218, Attention: City Manager. VIII. TERM This contract shall become effective at 12:00 A.M. Central Time, on the 1st day of October, 2001, and shall remain in full force and effect until the 30th day of September, 2003, unless otherwise canceled as provided in paragraph VII above. This Contract is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable state and federal laws. IX. This Contract constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This Contract may be amended only by a written instrument signed by all parties. , I e e This contract shall be governed by and construed in accordance with the laws of the State of Texas. ~ EXECUTED IN DUPLICATE ORIGINALS, as of this the j()l. day of O:1fJfEL ' 2001. , CITY OF LA PORTE By:Q~ T. t.\~ Robert T. Herrera, City Manager ATTEST: ~iUti1~ tl.lI1J.U;{ Marth Gillett, City Secretary PORT OF HOUSTON AUTHORITY OF HAR IS TV, TEXAS APPROVED AS TO FORM: APPROVED: ~~~ !!t~. Counsel . J4~~ Protection Services Director FUNDS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE: ~:r PURCHASE ORDER PORT OF HOUSTON AUTHORITY P.O. BOX 2562 HOUSTON, TEXAS n252 PHONE (713) 670-2460 e 84279-000 . PAGE 0001 ,., ORDER DATE 01i18i02 MUST BE SHOWN :ON. ALL IN. VOICES OR ItlVOICES ~'IILL BE RETURNED TO VE~DOR. PURCHASE ORDER NUMBER FREIGHT prepaid TO 1858 EXEC Invoice by mail CITY OF LA PORTE ATTN: CASH lvlANAGEMENT POBOX 1115 LA PORTE r.< 77572-1115 SHIP TO P.H.lI. E.XECUTIVE OFFICES. 111 EAST LOOP NORTB. (EXIT 29\ HOUSTON TX 77029 BUYER ATTN: ITEM YVETTE HAJo..W QUANTITY l~ DESCRIPTION 713 670-2450 C1.T.RTIS ROSE I . UNIT PRICE I TOTAL :\':!-;-**.*-:I********** Deliver - 01/13/02 "***'*'%"'.:t,*,***.t*~**T H** Unless otherwise specified J,y line it.am U,\"'" Purchase Order Currency: Unit.ed states Dollars C;: c '...r;;;..- ?:: ~-5 U: =::'::':"":l .:;: a~:-<(:"; w ~-...... L'~,; > ci ;.: i-- 'w 1'-: ~ 4:: .:..:> -, :::; :;:~ w.... 0).- Z."- c...:. Cf; ~o:n:::.l J:;::;::2 0-...... ~ 0::: <:: =r: o (''';' Cit.y of I,aporte - Furnish Ambulance service~..a-t";l?a-r~5 Cut Terminal at the an~J:;:C:-6~:~;o.r))I,~~'~'~fii~. for .2 years ..~':t!rl.~idg::-~~~,-(JC}~!Of oct;,~\\er 2001 and ..c.;end~\1gt \the _~O.tb_dayr~frSe~e~.ber 2003. .-;;r Tfier~-" a.f::t~f:-'arl-'inn:u~!...tQ'st!t~;u5tment /;';. 4>eg~nnlng oct\ I, 2002,-,^?n!U ~ calculat- ~.f C'~~/~Y multiJi~.ir..g the t;.~,e~~st.j:ate by a ~1 ! ..... ~fctoJ: .of'~J;;k.-:~rg~E...Of~\. $.!"Olt~th8 . ;.1.''''-~ ~~~H,:~.~\~~l!to;-ill~~~i}.\2~~' \\ r;1.J ~n ,.....I~~... ieOAAi!{M~ .~ r..l-iPJ.1.;r:'Z7.il . f/J ... r~ :::.:..: jPRA mr~.:'il1Jt:I~ 1~:;:~I'it':.l';~~\. I} :~D~ . ~/). .......... !lA ,t;. -1 ~":'~ ~ "1. .!)i. I. : #' ,.. .... '. ""' .. .,'.... 1,.-:] ~ -..",~ ,_.. ,-.... // 1<...... t 24iQOO.OOO~4EA-'." ~TJLAN~;;; ;.YJ!f!.:'"\ ..~ .1;..,.,. . .~oooo . ~ .!-.:A~ulan~.;.1-e-rvi;:~e.. \~ BCT>. ...~" f1 V(~ ....1...., L. '\,,!/---- .....:.:). //.:~: .i.l PurChase o.rde~:. 1:~?:lS.~; ,/' ., !-~t \.il~ 'P,rotl.uct. lotal: ...:::..-7! ~ ,.lor 'Ifl '...-'j ....::...,......:.. ..-.....,..., ~ \j ~ ,. :! .,.. . : . . - -. . . ..''''.''; ..&:.:/ 11, .....~. ',.. , fl ~. ..J'I 'iI\~~al'Am~u,nt>.~". i .!., .~.::;.~ '\ ',,'1"\. . .v.l ? .''-f ,..-:",w::;.'" "'\"Vt..,.. .;f~~'\j.....~ End ol"<l-'-Wt~~~:roer 64279-000 24,000.00 .. co :c <:: N N 2: cc::: J N o 24,000.00 24,000.00 CONDITIONS ON BACK ARE A PART OF THIS AGREEMENT FUNDS ARE AVAILABLE TO MEET THIS OBUGATlON WHEN DUE 0, . COUNTY AUD':OR . ~.. ;'....-<...-- .Y.+C::.e?Ag6,~ I"""\n,I"""a., A I . e e lP CID IB3. 11 CID IF ]]] CID ill ~ 11 CID TI Ai ill 11 ]]] CID IB3. TI 11 Y{ EXECUTIVE OFFICES: III EAST LOOP NORTH . HOUSTON, TEXAS 77029-4327 MAIUNG ADDRESS: P.O. BOX 2562 . HOUSTON; TEXAS 77252-2562 TELEPHONE: (713) 670-2400 . FAX: (713) 670-2465 CURTIS R. ROSE Purchasing Manager (713) 670-2460 January 24,2002 City of La Porte POBox 1115 i...a Porte TX 77572-1115 Attn: Yvette Hamm: Subject: Ms. Hamm: Ambulance Services at Barbours Cut Terminal I PHA File No: 85-0019 Attached find our executed copy of contract relating to the captioned project and our P. O. Number 84279-000. You are authorized to proceed as provided by contract dated October 10, 2001. Regards, ~/lh Curtis R. ~ose,-C.P.M. ~~ Purchasing Manager ... ~ CRR:cb Attachments C: Central Records File e . . e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 24. 2001 Appropriation Requested By: J. L. Sease Source of Funds: Capital Improvement Funds Department: Account Number: 015-9892-802-1100 Report: _Resolution: _Ordinance:-L Amount Budgeted: $250.000.00 Exhibits: COpy of Ordinance Amount Requested: $99.227.55 Exhibits: COpy of Consultant Services Al!reement Budgeted Item: X YES NO Exhibits: COpy of Certificate of Liability Insurance SUMMARY & RECOMMENDATION The City of La Porte has identified a need to upgrade the entire communication systems within the City. Staff identified the areas where they knew the City needed to improve and a Request for Qualifications was prepared and sent to potential firms to respond. Four firms responded to the request and a firm with the best qualifications was identified. The firm selected was RCC Consultants, Inc. RCC Consultants, Inc. was requested to submit a cost proposal to the City for Phase I of the project. Staff is recommending that the Council approve an ordinance hiring RCC Consultants, Inc. to do Phase I of the Communications Project in the amount of $99,227.55. Phase I of the project is a Needs Assessment, Conceptual System Design, and preparation of budgetary cost estimates. Action Required bv Council: Approve an ordinance authorizing the City Manager to enter into a contract with RCC Consultants, Inc. to perform Phase I of the Communications Project, in an amount not to exceed $99,227.55. Approved for City Council A!!enda Gi~ ~W<-d Robert T. Herrera, ity Manager ..1./f'ol Date e ffmBLnJ 9/J4/0j ORDINANCE NO. 2001-J5/~ AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND RCC CONSULTANTS, INC., TO PERFORM PHASE I OF THE COMMUNICATIONS PROJECT, INCLUDING NEEDS ASSESSMENT, CONCEPTUAL SYSTEM DESIGN, AND PREPARATION OF BUDGETARY COST ESTIMATES, APPROPRIATING NOT TO EXCEED $ 9 9 , 227 . 55 , 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 not to exceed $99,227.55 from the city of La Porte Capital Improvement Fund Account No. 015-9892-802-1100 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. e ORDINANCE NO. 2001-~SI~ e PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 24th day of September, 2001. ATTEST: ~~tt/J iliLUj- Mar a . Gillett, city Secretary APP~ tJ/ Knox W. Askins, City Attorney CITY OF LA PORTE By: ~~~44- /Nofman L. alone, . Mayor e e CONSULTANT SERVICES AGREEMENT TillS AGREEMENT is made and entered into as of September ~ 2001, by and between City of LaPorte, Texas ("Client") and RCC Consultants, Inc., a Delaware corporation with headquarters offices at 100 Woodbridge Center Drive - Suite 201, Woodbridge, New Jersey 07095-1125 ("RCC"). W! T N E ~ ~ E T H: In consideration of the mutual promises herein contained, the parties hereto, intending to be legally bound, agree as follows: ARTICLE I - Scope of Work RCC shall perform all Phase I services set forth in that certain proposal, dated February 23, 2001, a copy of which is annexed hereto as Appendix "A" and incorporated herein by this reference (the "SOW"). The SOW shall not be modified except by written agreement of the parties hereto. Anything herein to the contrary notwithstanding, if and to the extent Client requests RCC to perform additional services not included in the SOW, absent a further written agreement between the parties, Client shall compensate RCC for the performance of such additional services on a time and materials basis in accordance with RCC's hourly rate schedule then in effect and the provisions of Article II hereof. ARTICLE II - Fees and Expenses As compensation for the services performed under this Agreement, Client shall pay RCC a fee in accordance with this Agreement and RCC's price proposal, dated June 5,2001, a copy of which is annexed hereto as Appendix "B" and incorporated herein by this reference. This fee shall be based on actual time and materials used by RCC to perform the work. The amount shown on Exhibit "B" shall not be exceeded without written permission from Client. Client shall reimburse RCC for all costs incurred by RCC for travel, lodging, meals, and other out-of-pocket expenses related to the services performed under this Agreement, and for third-party products and services procured by RCC on Client's behalf, at RCC's cost therefor, plus an administrative charge equal to ten percent (10%) of such cost. Each month during the term hereof, RCC will submit to Client an invoice for the services performed and expenses incurred during the previous month. Client shall pay RCC the amount on each such invoice within thirty (30) days of receipt and any amount not paid within such thirty-day period shall accrue interest at a rate equal to the lesser of (i) one and one-half percent (1.5%) per month, or (ii) the highest rate permitted by law. ARTICLE III - Submission of Reports e e During the term of this Agreement, RCC shall provide to Client or its designee such oral or written reports as the latter may reasonably require, and as are specified in the SOW. ARTICLE IV - Period of Performance The performance of RCC's services hereunder shall commence as soon as practicable after the execution and delivery of this Agreement by both parties and, subject to the provisions of ARTICLE VII hereof, shall terminate upon delivery by RCC of materials and reports specified in the SOW, and payment to RCC by Client for all services performed and expenses incurred in connection with this Agreement. ARTICLE V - Independent Contractor RCC's relationship with Client shall at all times be that of an independent contractor. The method and manner in which RCC's services hereunder shall be performed shall be determined by RCC, in its sole discretion, and Client will not exercise control over RCC or its employees except insofar as may be reasonably necessary to ensure performance and compliance with this Agreement. The employees, methods, equipment and facilities used by RCC shall at all times be under its exclusive direction and control. Nothing in this Agreement shall be construed to designate RCC, or any of its employees, as employees or agents of Client. ARTICLE VI - Notice Any notice, request or other communication to either party by the other concerning the terms and conditions of this Agreement shall be in writing and shall be deemed given when actually received by the addressee, having been hand delivered or sent postage prepaid, by certified or registered United States mail, return receipt requested, addressed as follows: If to RCC: RCC Consultants, Inc. 100 Woodbridge Center Drive - Suite 201 Woodbridge, New Jersey 07095-1125 Attn: Michael W. Hunter President and Chief Executive Officer With a copy to: RCC Consultants, Inc. 10700 North Freeway - Suite 610 Houston, Texas 77037-1146 Attn: Gregory A. Munchrath, P .E. Vice President and General Manager - Southwestern Region If to Client: City of LaPorte 604 W. Fairmont Parkway -2- e e LaPorte, Texas 77571 Atln: Joe Sease Director of Emergency Services The person and the place to which notices are to be mailed to either party may be changed from time to time by notice given in accordance with the provisions of this ARTICLE VI. ARTICLE VII - Termination Either party may terminate this Agreement at any time with or without cause by giving thirty (30) days written notice to the other party, in which event Client's sole obligations shall be to compensate RCC for work actually performed and expenses incurred up to the date of termination. In no event will any payment pursuant to this ARTICLE VII exceed the compensation provided for in ARTICLE II. ARTICLE VIII - Confidentiality RCC shall not publish, copyright, or otherwise disclose or permit to be disclosed or published, the results of any reports to Client concerning the work to be performed pursuant to this Agreement, or any particulars thereof, including forms or other materials developed exclusively for Client in connection with the performance by RCC of its services hereunder during the period of this Agreement, without prior written approval of Client. RCC, cognizant of the sensitive nature of much of the data supplied by Client, agrees to protect the confidentiality of any information designated by Client to be privileged or proprietary except to the extent that (i) such information enters the public domain, (ii) is obtained by RCC from independent third parties not subject to any confidentiality or similar agreement with Client, or (iii) disclosure of such information is required by law, rule or regulation or the valid order of a court or administrative agency. ARTICLE IX - Personnel A. Notwithstanding the provisions of ARTICLE V hereof, RCC will assign qualified professional personnel and other RCC support staff, as necessary, to complete the services contemplated by this Agreement. In the event that the employment of any such person should be terminated prior to the termination hereof, then in such event RCC shall, at its discretion, assign such other persons, as necessary, to complete the services. B. Client understands and agrees that RCC has a significant investment in the recruitment, training, and deployment of its personnel and that, if such personnel are hired directly by Client, then RCC will incur substantial direct costs to recruit, train, and deploy new personnel of similar quality and experience and will suffer concomitant disruption of its business interests. Therefore, in order to preserve and further the positive business relationship between Client and RCC, it is agreed that, during the term hereof and for a period of one (1) year after the completion or earlier termination of this Agreement: (1) If Client hires, or induces any other person, firm or entity to hire, an - 3 - e e RCC employee, or any person that was an RCC employee within the preceding three- month period, then Client will pay a release fee to RCC equivalent to the greater of: (a) thirty percent (30%) of the annual compensation (including salary, bonus, and other compensation such as sales commission and deferred compensation) that Client or such other person, fIrm or entity has agreed to pay to such person; or (b) the actual costs incurred by RCC in connection with the recruitment, training, and deployment of a new RCC employee of substantially equal skills and experience. (2) Such release fee will be billed by RCC to Client when the candidate formally accepts the position offered by Client or such other person, firm, or entity and is due and payable upon receipt ofRCC's InVOIce. ARTICLE X - Indemnity I Liabilitv RCC will indemnify Client and hold it, and its officers, agents, representatives and employees hannless from any and all claims, damages, costs, including attorney's fees, and liabilities of any kind directly resulting from the willful misconduct of RCC or its employees, representatives, or agents or the negligent performance of RCC's obligations under this Agreement; except to the extent such claims, damages, costs and liabilities result from the negligence or willful misconduct of Client or its employees, representatives, or agents. In no event shall RCC be liable for lost profIts, special, incidental, consequential, or indirect damages suffered by Client. The parties agree that in no event will RCC's liability exceed the amount of compensation paid to RCC by Client, or RCC's insurance coverage, whichever is less. ARTICLE XI - Insurance RCC shall take out and carry during the entire term of this Agreement, property damage insurance and general public liability insurance with adequate limits to protect both RCC and Client from liability. RCC shall insure the payment of compensation to its employ~es in accordance with applicable Worker's Compensation Laws. RCC will maintain adequate General Liability and Auto Liability insurance. RCC will provide Client with a Certificate of Liability Insurance evidencing the insurance coverage provided for herein. ARTICLE XII - Taxes. Unemployment Insurance and Related Items RCC hereby accepts full and exclusive responsibility for the payment of any and all contributions or taxes, or both, for any unemployment insurance, medical and old age retirement benefits, pensions, and annuities now or hereinafter imposed under any law of the United States . or any State, which are measured by the wages, salaries or other remuneration paid to persons employed by RCC on the work covered by this Agreement or in any way connected therewith; and RCC shall comply with all administrative regulations and rulings thereunder with respect to any of the aforesaid matters; and RCC shall reimburse Client for any of the aforesaid contributions or taxes, or both, or any part thereof, if by law Client may be required to pay the same or any part thereof. -4- e e ARTICLE XITI - General A. Modifications - This Agreement or any part thereof may not be modified, except by written agreement of the parties signed by the duly authorized representatives of the parties. B. No Waiver - No omission or delay by either party to this Agreement at any time to enforce any right or remedy reserved to it, or to require performance of any of the terms of this Agreement, shall be a waiver of any such right or remedy to which either party is entitled, nor shall. it in any way affect the right of either party to enforce such provisions thereafter. c. Applicable Law - This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. D. Severability - If any provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity of all other provisions hereof shall in no way be affected thereby. E. Successors and Assigns - Neither party shall assign or transfer this Agreement or any of its rights hereunder without the prior written consent of the other party, which consent shall not be wrreasonably withheld or delayed. Any request to assign or transfer this Agreement shall be deemed to be granted if the recipient of such a request has not acted upon such request within thirty (30) days of its receipt. Notwithstanding the foregoing, RCC shall have the right, without the consent of Client, to assign this Agreement and its rights and obligations hereunder to RCC's parents, subsidiaries or affiliates or to any partnership in which RCC or any parent, subsidiary or .a:ffiliate of RCC is a general partner, or to a successor of RCC by consolidation or merger or to a purchaser of all, or substantially all, of RCC's assets. This Agreement shall inure to the benefit of the parties and their respective permitted successors and assigns. F. Force Majeure - In the event that performance by either party of any of its obligations or undertakings under this Agreement shall be interrupted or delayed by any occurrence not occasioned by the conduct of either party hereto, whether such occurrence be an act of God such as lightning, earthquakes, floods or other like causes, the common enemy, the result of war, riot, strike, lockout, civil commotion, sovereign conduct, explosion, fire or the act or conduct of any person or persons not a party to or under the direction or control of a party hereto, then such performance shall be excused for such period of time. as is reasonably necessary after such occurrence to remedy the effects thereof. G. Entire Agreement - This Agreement constitutes the entire Agreement between the parties and supersedes all previous agreements and understandings relating to the services to be performed under this Agreement. The terms and conditions contained in any purchase order issued by Client, to the extent not in conflict with the terms and conditions contained in this Agreement, are incorporated herein by this - 5 - e e reference. H. Counterparts - This Agreement may be signed in any number of counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. I. Dispute Resolution - The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by negotiation between senior executives of the parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten (10) days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who will represent that party. The executive shall meet at a mutually acceptable time and place within twenty (20) days of the date of the disputing party's notice and thereafter as often they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty (30) days of the meeting of the senior executives, the parties shall endeavor to settle the dispute by mediation under the Center for Public Resources Model Procedure for Mediation of Business Disputes or pursue amicable termination. If the matter has not been resolved pursuant to the aforesaid mediation procedure within sixty (60) days of the commencement of such procedure, (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the parties shall pursue amicable termination. - 6 - e e IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first written above. ATTESTlWIlNESS: CITY OF LaPORTE, TEXAS By: Name: Title: By: Name: Title: ATTESTIWITNESS: RCC CONSULTANTS, INC. By: Name: Title: By: Name: Title: AP1%:;;l~ Knox Askins, City Attorney City of La Porte -7- e e APPENDIX A SECTION 1 Our Understanding e e SECTION 1 Our Understanding 1.1 Our Understandine- of the Current Situation The City of La Porte currently operates in the VHF (150 MHz) frequency band, with a single repeated channel for Police and EMS, plus a single repeated channel for Fire. Both Police and Fire have voting receiver sites to enhance portable radio coverage throughout the city area. Both agencies also have the appropriate State Wide VHF radio channels available to them. However, it has been RCC's experience that agencies of your size are very constrained in their operations by having to do dispatch and coordinate incidents all on the same channel. There is also a simplex (non-repeated) channel used by all other city departments. Again, this situation likely causes extreme radio channel congestion for the end users. The City has a primary PBX operating at City Hall with Public Works, Police and Fire having off premise extensions from this system into their own local telephone systems. The other agencies also have their own direct lines into their systems. In addition, many other city buildings have their own direct lines. We can only assume that this situation may cause some confusion on the part of citizens trying to reach various departments though the City Hall PBX, wherein it may be impossible to transfer the caller to the appropriate person. The City operates two IBM AS-400 systems, combined with a number of Local Area Network servers housed both in City Hall and in other facilities. All servers are connected to the primary servers in City Hall via leased Tl or ISDN channels. 1.2 Proiect Goals As we understand, the primary goals of Phase I of the project is to perform a detailed review of all communications systems, determine requirements for systems improvements and provide recommendations,. along with budgetary cost estimates, to implement the improvements. Phase II of the project will encompass developing detailed designs for approved improvements, acquiring vendor proposals and selection/contract negotiations for the new equipment and services. The goal of Phase III will be to successfully implement the new systems, provide acceptance testing and assure appropriate end user training prior to actual system cutover. City of La Porte, TX Proposal- 2/23/01 Section 1, Page 1 e e SECTION 2 Our Approach e e SECTION 2 Our Approach 2.1 General Approach Any successful consulting project is a result of three factors: · A competent team of consultants, knowledgeable in the specific issues facing the client · A proven methodology which provides discipline and focus to the consulting team's efforts · Strong communications between the client and project team regarding the team's progress Our proposed project team consists of full-time RCC personnel whose background and prior experience include the skills necessary to successfully complete this project. The team will be directed from our Houston office with particular emphasis on those key individuals who have worked with Local Government and Public Safety Services providers and have up to the minute experience in the communications issues facing the City of La Porte. The methodology we propose is designed to provide the City of La Porte with an unbiased assessment of specific radio and voice/data telecommunications needs and provide recommendations for developing and implementing the selected technologies. Our approach to a total project, which will support the City of La Porte through implementation of the new and/or upgraded systems is divided into three phases. Each phase is followed by a logical breakpoint, which allows management review and approval before continuing with the next phase. The three phases provide a comprehensive and structured m~ans of: · Phase I - Assessing the City of La Porte's telecommunications needs and requirements and translating those needs into an implementation strategy. This includes a Needs Assessment, Conceptual Alternatives, Budgetary Cost Estimates, and a Final Report with recommendations. · Phase II - Detailed system design, specification development, Requests for Proposals, proposal solicitation, vendor evaluation, and contract negotiation. · Phase III - Implementation assistance for equipment installation, system testing, performance evaluation, and [mal system acceptance. City of La Porte, TX Proposal- 2/23/01 Section 2, Page 1 e e 2.2 Project W orkulan Phase I: Needs Assessment ~ Task 1 - Proiect Initiation and Team Orientation . Define City of La Porte's project team members and desired roles . Review project scope, objectives, plans, and requirements with the project team . Review. our current understanding of the radio, telephone and data communications operations and the nature of operating relationships among the various service areas and agencies . Prepare finalized Phase I plans, calendar, and milestones including: Complete list of tasks, timetables, deliverables, and meeting schedules Schedule progress meetings for key milestones, in addition to regular contact with the project team .:. Deliverables include: Project Team Organization Chart Updated Phase I project work plan ~ Task 2 - Understand Current System and Issues . Assemble and review a listing of the communication equipment and networks Description of existing two-way radio network, dispatch locations and tower sites Existing listing(s) of equipment and FCC licenses Existing and/or planned data communications networks Information, billing and maintenance contracts on telephone systems . Collect relevant forms, reports, statistical data, and existing documentation. This data collection will assist RCC in understanding or verifying: How major functions are performed The flow of voice and data information through the city's various service areas User perceptions of the existing system's (voice, data, radio) effectiveness, and opportunities for improvement Maintenance problems/concerns relating to the existing systems Traffic/call volume data will be requested during this task City of La Porte, TX Proposal- 2/23/01 Section 2, Page 2 e e · Review capabilities of existing communications facilities, including: Adequacy of existing facilities, and their ability to support future communications requirements Age and suitability of existing communication facilities, available space for new equipment, and any construction necessary to develop these facilities ~ Task 3 - Interview Personnel · Interview City of La Porte personnel to determine the specific operational needs for new system's, both currently and projected through at least the next five years. F or purposes of this proposal, five group interviews have been included. Additional interviews can be added, if deemed necessary by the city. Typically, an interview session requires about one half of a day of professional time (two hours interview time, two hours documentation). The anticipated individuals/groups to be interviewed include: ~ City Manager & Assistant City Manager ~ Police Department ~ Fire/EMS Department ~ Public Works Department ~ City IT Department The interview sessions for radio user departments are generally preceded by a questionnaire, which will be reviewed during the interview. ~ Prepare typed interview summaries to be returned to each person or group interviewed for review and approval. This helps ensure that our engineers clearly understood the messages conveyed during the interviews and provides interviewees an opportunity to make changes or additions if needed. .:. Deliverable: Interview Summaries City of La Porte, TX Proposal- 2/23/01 Section 2, Page 3 e e ~ Task 4 - Analyze Requirements and Needs Analyze user requirements and needs, including: . Radio coverage requirements for vehicular based mobile radios, portable radios on street, & in buildings. Specific characteristics about how users use their portable radios will be addressed. Portable radios generally operate with lower transmitter power and less efficient antenna systems which necessitates a different infrastructure configuration. These issues must be addressed to help ensure that final system performance matches the users' expectations. . Departmental interoperability needs . Equipment requirements, including forecasted growth · System redundancy issues including backup equipment, system control links and auxiliary power systems for critical components. . Telephone intercommunication needs among departments and requirements for Voice Mail, Automated Attendant and Automatic Call Distribution . Telephone access to city departments by citizens · Current and forecasted requirements for both Local and Wide Area Networking within and between various city departments. .:. The deliverable for this task will be a section in the Needs Assessment Report which summarizes the needs and requirements for the new system's. ~ Task 5 - Develop Conceptual Approaches and Budgetary Cost Estimates Bevelop conceptual system approaches capable of meeting the city's radio and voice/data needs and requirements. The conceptual alternatives will incorporate redundancy and backup issues and will consider both public and private networks. Consideration will be given to reusing city resources whenever possible. · Develop conceptual system configurations, which can be utilized to Improve overall communications in: )> Two- way radio communications )> Voice and data communications · Deliverables include: Conceptual System's Alternatives Budgetary cost estimates for each system alternative City of La Porte, TX Proposal- 2/23/01 Section 2, Page 4 e e ~ Task 6 - Prepare and Present Report · Review [mdings' recommendations with the City of La Porte project team and finalize conclusions. Provide docwnentation to support recommendations and conclusions · Prepare a draft of the [mal report identifYing all of the work completed to date, specific [mdings, system alternatives, implementation strategies for the short and long-term, and budgetary estimates to acquire the approved technologies. The report will include an implementation plan outlining the estimated time frames required to implement system improvements. · Present draft report for comments by the project team and modify, if appropriate. · Present final report to City of La Porte. In many such projects, funding of system implementation often requires a City Council approval. RCC has developed nwnerous presentations to public and private officials, and if deemed appropriate, RCC will assist the City of La Porte project team in development of a presentation to the City COWlcil. Oral presentations by RCC to the Council would be optional :m.d we would quote costs based on the time and number of trips required for presentations. City of La Porte, TX Proposal- 2/23/01 Section 2, Page 5 e e Phase II: Detailed Desiiro. FCC Licensin!!. RFPs. and Vendor(s) Selection The focus of Phase II is to refine the selected conceptual system approach, develop detailed specifications and Request for Proposals (more than one may be required), evaluate vendor responses and select the best system(s) for City of La Porte. The detailed system design would be incorporated into each Request for Proposals. The RFP's would be the basis upon which each proposal would be judged. Each vendor should be required to respond to all sections of the RFP and include, where applicable, which features are optional and at what cost. In addition, vendors should be required to submit the cost data separately to enable the project team to evaluate technical responsiveness apart from costs. This approach assures objectivity during the vendor evaluation. The RFPs would address specific technical and procedural areas, as well as support areas such as training and maintenance. These areas include: · RFP Response Procedures · System Functional and Operational Requirements · System Design and Performance · Equipment Design and Performance · Optional Equipment · Maintenance Options and Local Support · SystemN endor Information and Qualifications · Installation Requirements · Training Requirements ~ Task 1 - Proiect Initiation and Team Orientation · Review Phase II scope, objectives, plans, and requirements with the appropriate team members · Prepare detailed plans, calendar, and milestones including: Completing list of tasks, timetables, deliverables, and meeting schedules. Progress meetings proposed on an approximate monthly basis, in addition to regular contact with City of La Porte personnel .:. Deliverable consists of a Phase II work plan City of La Porte, TX Proposal- 2/23/01 Section 2, Page 6 e e ~ Task 2 - Develop Detailed System Designs · Develop detailed system designs including fmalized system configurations, system functionality, uptime, capacity, and response requirements, and hardware/ software lists for user equipment. · Review detailed designs with the City of La Porte project team and modifY if necessary. ~ Task 3 - Assist in Preparation of FCC /FAA Licensing Documents. if required · Assist City of La Porte in the preparation of the frequency coordination request and FCC Form 600, if needed. Assist City of La Porte with FAA filings should new tower sites be required. · All frequency coordination and FCC licensing fees would be paid by City of La Porte. ~ Task 4 - Develop RFP's · Develop draft RFP's including: Description of existing systems and services, project background, goals, and objectives Administrative requirements including response format, due date, place and person to whom responses should be addressed, bidders' conference schedule, and evaluation criteria (if desired) Technical requirements including functional and administrative requirements, site preparation, radio coverage, throughput capacity, implementation, system testing and acceptance, back-up/recovery, product reliability, and performance requirements Business requirements including cost sheets for communications equipment, discounts available, maintenance, training, upgrades and expansions, financing proposal options, vendor information, and legal and insurance requirements · Review the draft RFPs with the City of La Porte project team and modifY draft accordingly if necessary · Issue the RFPs to the qualified vendors and schedule a bidder's conference approximately fifteen (15) days after the issuance of the RFPs · Assist City of La Porte in conducting the bidder's conferences and give the vendors an opportunity to ask questions or clarifY information in the RFPs City of La Porte, TX Proposal- 2/23/01 Section 2, Page 7 e e · Allocate an appropriate amount of time for vendors to prepare responses, depending on the scope of the project. .:. Deliverables: Approved RFPs Bidder's conference documentation ~ Task 5 - Develop Proposal Evaluation Criteria and Evaluate Responses · Define evaluation criteria for: Vendor qualification System performance, expansion capabilities and versatility System redundancy Overall cost including initial purchase and support Availability of maintenance support and spare parts locally System Training Organization and quality of proposal and oral presentation · Review evaluation criteria with City of La Porte project team · Utilize established evaluation criteria and review all vendor proposals · Arrange off-site visits to view vendors' proposed systems in operation at other customers' premises · Attend oral presentations by vendors · Provide the City of La Porte team with written results of the evaluation process and vendor recommendations .:. Deliverables include: An evaluation criteria for vendor proposals Proposal clarification addenda A written evaluation report City of La Porte, TX Proposal- 2/23/01 Section 2, Page 8 . - e e ~ Task 6 - Assist With Contract Negotiations · Assist City of La Porte in the review of vendor contracts. Our assistance does not include legal representation, but rather help in identifying clauses or statements that are not in the company's best interest. The company's legal council should also review all contract documents. · Develop initial Acceptance Test Plans (ATPs). Our experience has shown that acceptance testing procedures and requirements are more readily agreed to by prospective vendors during the contract negotiation process. Stringent test requirements may be more difficult to negotiate after the purchase contract is signed. City of La Porte, TX Proposal- 2/23/01 Section 2, Page 9 . - e e Phase III: Proiect Manaeement. Performance Evaluation. and Final System Acceptance The focus of Phase ill is to help ensure proper installation planning, adequate user training, acceptance testing, and a coordinated cut-over to the new mobile data network. The following paragraphs describe, in general, the major activities in Phase ill. ~ Task 1 - Project Initiation and Team Orientation . Review Phase III scope, objectives, plans, and requirements with the appropriate team members . Prepare detailed plans, calendar, and milestones including: Complete list of tasks, timetables, deliverables, and meeting schedules Progress meetings proposed on an approximate monthly basis, in addition to regular contact with team members .:. Deliverable consists of a Phase ill workplan ~ Task 2 - Attend Vendor Design. Review Meeting(s) . Attend vendor design review meeting(s) at City of La Porte to discuss and review the successful vendor's final system design and implementation schedule. ~ Task 3 - Monitor Progress and Resolve Issues . Monitor vendors' compliance with the proposed implementation schedule . Inspect the assembled systems at the appropriate staging areas . Conduct "as needed" on-site inspections of installed equipment at the various locations . Notify vendor of discrepancies, if they occur . Coordinate the resolution of implementation problems, if they occur . Prepare monthly project status reports, conduct on-site monthly project implementation meetings, and monitor vendor's progress billing .:. Deliverable: Implementation progress reports City of La Porte, TX Proposal- 2/23/01 Section 2, Page 10 .. " e e ~ Task 4 - Develop Final Acceptance Test Program and Assist the Team in Acceptance Testing . Utilizing the initial A TP developed at the conclusion of contract negotiations, work with City of La Porte's technical staff to develop final acceptance testing. procedures for the new systems including: Equipment delivery Equipment installation (physical and electrical) Functional operation including software Radio coverage System response times Recovery from failure 30 day operation without a major failure · Work with City of La Porte's technical staff to monitor acceptance testing prior to system acceptance. .:. Deliverables include: Acceptance Testing Plan Acceptance Testing Results ~ Task 5- Assist in the Training and Cut-over to the New Communication Systems · Assist the Team in developing a system cut-over plan, coordinate City of La Porte's needs with the successful vendor to help ensure a smooth transition to the new system · Assist City of La Porte and the vendor in the development and scheduling of user training , · Monitor system cut-over and first days of service for each involved system .:. Deliverable is a cut-over plan City of La Porte, TX Proposal- 2/23/01 Section 2, Page 11 . - e e 2.3 Summary ofneliverables Timely completion and delivery of the communication products and services required by City of La Porte are dependent on realistic planning, monitoring of the project, timely quality control, and identification of slippages in the work schedule. We have provided for each of these by virtue of our approach and methodology. In achieving the objectives of this project, City of La Porte will be provided with the following deliverables in: ~ Phase I · A detailed work plan prepared at the beginning of the project · Interview summaries · Alternative system designs and Budgetary Cost Estimates · A final Needs Assessment Report comprising the in-depth assessment of radio, voice & data communications needs, fmdings, conclusions, budgetary costs, and appropriate recommendations for system configurations In the event that City of La Porte needs RCC's assistance in Phases n and III, the anticipated major deliverables from the projected follow-on phases of our work plan include: ~ Phase n · A detailed work plan prepared at the beginning of Phase n · Monthly progress reports · Detailed system designs · Completed FCC/F AA licensing forms .' Approved Request for Proposal · Documentation of bidder's conference · Vendor evaluation of all proposals submitted · Assistance with vendor contract negotiations ~ Phase III · A detailed work plan prepared at the beginning of Phase In · Monthly implementation progress reports · Detailed installation schedule · Acceptance Test Plans · Documented A TP results City of La Porte, TX Proposal - 2/23/01 Section 2, Page 12 .. - e e 2.4 Project Manai!ement and Control RCC has developed project administration standards which we will use on this project. Our standards set forth a uniform, documented method of administering projects. These standards will provide the means to effectively monitor and control an important project such as this one. Included in the standards is a method for initiating and maintaining an indexed file of all work papers, such as interview notes, memos, status reports, etc., complied and catalogued during the life of the project. This indexed set of work papers would be organized in the same phase/task/sub-task sequence as the detailed work plans. All information will be available to any authorized City of La Porte staff. To achieve effective project control, project team personnel will: . Develop detailed work plans to the phase and task level . Schedule and assign the work on a task-by-task basis . Check interrelated tasks to give reasonable assurance that there are no scheduling conflicts . Estimate the time required to perform each task . Develop staff requirements . Compare project progress against the original work plan's completion dates . Report project status In summary, effective control of this project will rest on three key elements: . Detailed work plans and well documented working papers . A strong team organization staffed with experienced consultants . Frequent communications with City of La Porte personnel City of La Porte, TX Proposal - 2/23/01 Section 2, Page 13 . " e e SECTION 3 Profile of RCC Consultants, Inc. ., " e e SECTION 3 ProfIle ofRCC Consultants, Inc. 3.1 Introduction to RCC Consultants. Inc. RCC Consultants, Inc. (RCC) is an independent consulting fIrm specializing in providing consulting services for public and private industry. We currently employ a staff of over 120 people, of which approximately 50 are degreed engineers. Our services include system analysis, evaluation, planning, engineering design, development, project management, testing and licensure ofland mobile communications systems, Mobile Data Communication (MDC) systems, Automatic Vehicle Location (A VL) systems, Computer Aided Dispatch (CAD) and Records Management (RMS) systems, Enhanced 9-1-1 Systems, Geographic Information Systems (GIS), Rural Addressing, PBX systems, and Wide and Local Area data networks, for our clients in the following business categories: · Local Government · Public Safety · Emergency Medical Services · Public Transit · Industrial · Utilities · Commercial . Cellular · Transit · Radio Common Carrier RCC is staffed by personnel with extensive practical experience in both the technical and human engineering aspects of communications systems. Our expertise includes the design, integration, and implementation of the following systems and sub-systems: · 800-935 MHz trunking radio systems providing local, wide-area, statewide or nationwide radio coverage · Conventional two-way radio systems in all currently available frequency bands · Mobile data systems (MDT) · Automatic Vehicle Location systems (A VL) · Computer Aided Dispatch (CAD) · Records Management Systems (RMS) City of La Porte, TX Proposal- 2/23/01 Section 3, Page 1 "WI' -- e e · Geographic Information Systems (GIS) · Simulcast systems - for paging and land mobile radio systems · E 9-1-1 systems, including MSAG database · Design of Public Safety Dispatch centers · Telephone PBX systems with Voice Mail & ACD · Local and Wide Area Data Networks · Data transmission and carrier systems · Fiber optic transmission systems · Public address and information systems · Microwave radio networks · Subscriber and/or private RF paging · Mobile telephone - conventional and cellular · Alarm and control systems · Supervisory Control and Data Acquisition (SCADA) · Antenna site engineering and management · Point to multi-point data systems in the 900 MHz band · Radiating cable systems for tunnels and subsurface communications In the 800 MHz Trunked Radio arena, we have been competitively awarded over 60 projects. Our staff has up to the minute experience, since we have several trunked radio projects currently underway. Our radio system experience ranges from small systems to very large systems such as our project with the Commonwealth of Pennsylvania which involves 88 counties and supports 15,000 radios. The City of Atlanta selected RCC to develop and implement a new citywide trunked radio system to help support the 1996 summer Olympics which were held in Atlanta. We recently completed the conceptual design for a system to support all agencies in the State of Texas with almost 30,000 radios. Our staff has developed and fully implemented Motorola, Com-Net Ericsson, and E.F. Johnson radio systems. A summary listing of some of our projects has been provided in this proposal. City of La Porte, TX Proposal- 2123fOl Section 3, Page 2 - " e e In the Mobile Data Systems (MDT) aren~ RCC has more experience developing and implementing systems than any other consulting firm in the United States. RCC designed and implemented the Bell South Wireless Data Network, currently operational in over 200 U.S. cities with almost 2000 tower sites. In the CAD systems arena, we have assisted many cities and counties in the development and implementation of CAD and Records Systems including: · City of Austin, TX · City of Bellt?vue, WN . City ofEdrnond, OK . City of Harlingen, TX . City of Humble, TX . City of Keamey, NJ . City of Mesquite, TX . City of Odess~ TX . City of San Angelo, TX · Dallas-Fort Worth Airport, TX · Union Township, OH · Collier County, FL · Gaston County, NC · Nassau County, NY · Oswego County, NY RCC staff members have designed and implemented PBX systems for a variety of clients, including the City of College Station, the City of San Marcos, and the City of Arlington here in Texas. Many of these systems supported remote nodes connected via fiber optic cable and incorporated both V oiceMail systems and Automatic Call Distribution for large city departments. We have also designed a variety of both Local and Wide Area data networks, including a SONET ring for the City of Los Angeles and a fiber cable network intended to interconnect 355 buildings for the City and County of San Francisco. Incorporated in January of 1983, RCC is a wholly-owned subsidiary ofT.T.I.L.L.C. We maintain offices in the following locations: · Woodbridge, NJ (Headquarters) · Andover, MA (near Boston) · Phoenix, AZ · Richmond, VA · Houston, TX (southern regional office) · San Francisco, CA (western regional office) · Costa Mes~ CA · Tallahassee, FL · Reno, NY · Portland, OR · Los Angeles, CA · Sacramento, CA . Dallas, TX · Chicago, IL · Damascus, MD (DC area) · Odenton, MD · St. Louis, MO · Harrisburg, PA · Indianapolis, IN · London, England City of La Porte, TX Proposal- 2/23fOl Section 3, Page 3 .. -- e e 3.2 Computer Resources RCC owns and operates numerous in-house computer systems. The hardware is categorized as follows: · Over 170 Windows based microcomputers. These computers are used for engineering, word processing, fmancial analysis, terminal emulation and data base management functions. · 12 Sun Ultra work stations with 21 " SUN monitors. These work stations support a variety of software applications, including our proprietary propagation (radio coverage) analysis system and microwave path design. Each propagation analysis system represents an investment of approximately $150,000. Our Houston office has one of these systems. · Miscellaneous equipment includes color inkjet plotters, image scanners, LaserJet printers, etc. RCC maintains a number of in-house databases to assist us in propagation (radio coverage) analysis, radio tower searches, airport searches etc. These databases include: 3 arc second terrain data of the entire U.S., all FCC licensed radio towers in the U.S., and location and layout of all U.S. airports. 3.3 Propal!ation (Radio Coveral!e) Analvsis When upgrading an existing radio or mobile data system or developing a new system, propagation (radio coverage) analysis becomes an essential part of the planning and designing process. After evaluating several of the commercially available PC based prop~gation modeling systems, RCC elected to develop its own in-house analysis system which provides superior performance and includes a number of popular propagation models including Okumura, Okumura Adaptive, Walfish Ikigami, Carey, Bullington, Lee, and Longley-Rice. Our system, known as Romulus, provides propagation (coverage) analysis, frequency reuse (interference) analysis, simulcast system design, terrain path profiling, tower searches, microwave path engineering, and more in a single integrated system. The Romulus system provides an interactive mobile radio and microwave propagation and terrain analysis tool that allows our staff to effectively analyze radio communication sites and microwave paths. The system can overlay land-mobile coverage predictions on maps of virtually any scale. In addition, it can display the vertical terrain cross-section between any two points on the map. This feature helps analyze terrain problems, such as hills or valleys, that will affect radio coverage. City of La Porte, TX Proposal - 2/23fOl Section 3, Page 4 ~ - e e Romulus can produce coverage maps at various scales using U.S. Geological Survey topographic maps or virtually any city or parish maps currently used by the City of LaPorte. Coverage maps displaying radio coverage are produced to allow design comparison of various combinations of antenna sites. Romulus accommodates a large number of sites with ease; our engineers frequently provide composite coverage plots covering over 250 repeater site locations. Terrain and land-use, land-cover information greatly enhances the engineer's ability to select sites which meet the performance requirements for the system. Terrain profiles can be accomplished at the touch of a button, to help analyze problems that affect radio coverage. Romulus represents the state of the art in radio systems engineering tools. In addition to Romulus, RCC has developed a unique computer controlled signal strength measurement system that has been designed for installation in standard passenger automobiles. The system allows measurement of field radio signal levels at intervals varying from 14 to 1,000 or more points per wavelength, depending on the radio frequency and vehicle speed. The system has a precision, laboratory-grade spectrum analyzer interfaced to a Global Positioning System (GPS) receiver to provide higWy accurate signal measurements and location data. The GPS receiver is a satellite-aided navigation unit that continuously monitors its position. The spectrum analyzer measures incoming signals on a specific frequency and downloads each sweep to a portable computer. When the computer records a signal measurement, it prompts the GPS receiver for its current position and records both the signal level and location information on disk. Stored signal level and location information are then retrieved, plotted and analyzed. The field strength measurement system is completely automatic, requiring human intervention only for initialization and termination oftest runs. This system help,s us verify that our clients really get the radio coverage promised in Vendor proposals. A brochure containing additional information about Romulus has been included with our proposal. 3.4 Absence of Conflict of Interest RCC is not affiliated with any vendor or manufacturer of radio communication equipment. 3.5 Eaual Emplovment Opportunity/Affirmative Action RCC is an equal employment opportunity employer and does not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, or sex. City of La Porte, TX Proposal - 2f23/01 Section 3, Page 5 ... . e e RCC takes affirmative action to ensure that applicants are recruited and employed and that employees are treated during employment without regard to their age, race, creed, color, national origin, ancestry, marital status, or sex. RCC's Affirmative Action Plan and current Employee Profile are available upon request. City of La Porte, TX Proposal- 2f23/01 Section 3, Page 6 ,.. - e e SECTION 4 References ,., . e e ~ , ~cc Consultants, Inc. Consulting Projects Client: City of College Station, Texas Contact: Ron Mayworm Radio Systems Manager City of College Station 1101 Texas Avenue P.O. Box 9960 (409) 764-3406 Project Status: Closed Project Description: System Wide Communications Study RCC Consultants, Inc. was engaged by the City to perform a long-range study of all data, voice, and radio communications systems. The study encompassed the entire range of City communications equipment, services and facilities, including: + Microwave telephone and radio network + YHF mobile and hand-held radio + Data communications local and wide area networks + Maintenance procedures and practices + Dispatch centers + Cost analyses + PBX and key systems + Building premise distribution cabling systems + 9-1-1 systems + CAD systems Recommendations accepted to date include the design and implementation of a new digital PBX with shared voice mail and implementation of Ethernet local area networks utilizing intelligent networking hubs and the 10 Base- T wiring standard, combined with installation of a citywide fiber optic network supporting both voice and data communications. Video transmission over the same network has been designed and will be implemented at a later date., RCC also conducted a radio communication needs assessment, developed system designs, a budgetary cost estimate, Request for Proposals for a new citywide gOO MHz trunked radio system, and assisted the City in evaluating vendor proposals and selecting a vendor for the new radio system. RCC Consultants, Inc. Selected Projects Rev. 5/3100 e . e ~ ~ , ~cc Consulting Projects Client: City of San Marcos, Texas Contact: Chief Larry Kendrick Police Department City of San Marcos 2300 m-35 South San Marcos, Texas 78666 (512) 753-2110 Project Status: Complete Project Description: Design and Install City-wide Voice and Data Telecommunications The City initially selected RCC Consultants, Inc. to develop a Needs Assessment and Conceptual System Design (including budgetary cost estimates) oftelecommunications equipment to meet the current and future voice and data communications needs of this rapidly growing city. Following presentation of our report and fmdings to the City Council, RCC was retained to develop detailed designs, prepare an RFP, evaluate proposals, recommend vendors and assist in contract negotiations. The system design included a primary PBX with Voice Mail, Automated Attendant with IVR, and ACD at City Hall with four (4) remote PBX switches connected to the primary PBX via a combination of City-owned copper and fIber cable. This configuration 'Supports "seamless" DID and intercom while providing dial network backup of DID traffic if a T-I Channel is disabled. The four remote switches share the common voice mail software and automated attendant software. All facilities were cabled with an integrated Category 3 and Category 5 cable plan, which will support 100 MB Ethernet LANs in City offices, with interface via intelligent hubs to the City hall mainframe. RCC assisted in project management of the installation and supervision of acceptance testing of the systems and voice/data cable networks. RCC Consultants, Inc. Selected Projects 4/24/97 ,., . e e ~ =- ~cc Consultants, Inc. Consulting Projects Client: City and County of San Francisco San Francisco, California Contact: Denise Brady, Deputy Director Policy, Planning, and Compliance Division Department of Telecommunications 875 Stevenson Street, Fifth Floor San Francisco, California 94103-0948 (415) 554-7011 Project Status: Complete Project Description: Assessment of Existing Telecommunications Infrastructure and Development of a City and County Telecommunications Plan and Implementation Strategy RCC 's services under this contract were identified in three (3) phases: 1. Internal Needs Assessment 2. Alternative Analysis 3. Implementation RCC Consultants, Inc. was retained to develop a comprehensive understanding of the telecommunications environment of the City and County from a technical, administrative, and cultural perspective. In Phase 1, RCC identified, cataloged and reviewed the existing City and County radio, telephone, data, and video networks, diagrams, reports, and documentation to identify current and future telecommunications needs. This included reviewing various infrastructure assets, rights of way, backbone network topology, contract agreements, and existing telecommunications projects. Internal interviews were also conducted with key City personnel. In Phase 2, RCC developed long term communications strategy alternatives to support the major telecommunications network, applications, and telecommunications needs identified in Phase 1 of the project. These alternatives support the present and projected requirements of the City and County of San Francisco. RCC surveyed the telecommunications marketplace to identify current and emerging telecommunications technologies (i.e. SONET, ATM, Dense Wavelength Division Multiplexing) and issues that may benefit or affect the City and County of San Francisco. The focus of Phase 3 was to develop a specific wide area and metropolitan telecommunications architecture and strategy for all City and County wire line and wireless networks based on an identified and selected alternative provided in Phase 2 of the project. The strategy plan included a technology strategy, operations and maintenance strategy, detailed cost/benefit analysis, assessment of impact on current programs, and a migration and implementation project plan. RCC Consultants, Inc. Selected Projects Rev. 6f29/OO ,., . e e ~ ~ ~cc Consultants, Inc. Consulting Projects Client: Los Angeles Police Department Los Angeles, California Contact: Linda L. Bunker, Director of Systems Program Manager Emergency Command Control Communications Systems 250 E. First Street, Room 1500 Los Angeles, California 90012 (213) 485-4453 Project Status: Open: Commenced April 1995 Scheduled Completion: October 2001 Project Description: Management and Technical Consulting for the Implementation of Proposition M Funded Projects Projects Include: + Upgraded Master Radio System (450-520 MHz simulcast) + Upgraded Mobile Data Terminal System + Engineering and construction of dual 9-1-1 dispatch centers . Systems/facilities design integration + Upgraded Computer Aided Dispatch + E-911 system + Telco infrastructure + LAN/W AN system + Program management services In 1992, the citizens of Los Angeles approved Proposition M, a revenue bond measure funded by a special tax, to implement major upgrades to the Police Department's Emergency Command Control Communications System (ECCCS). The revenue bond portion of this program is $235 Mil. RCC Consultants, Inc. was retained to advise and assist the City's Program Manager with both program management, as well as technical aspects of the program. The overall program consists of some 13 separate major procurements involving radio, MDT, CAD, Records, PSAP, Dispatch, and Facilities. Two separate dispatch facilities will be engineered and constructed to withstand the largest seismic events anticipated in the region and will he physically separated such that either facility can survive and take over the responsibilities of the other. RCC Consultants, Inc. Selected Projects Rev. 6129/00 ...,. . . e Los Angeles Police Department (cont'd) Program Management consulting services include program and project planning and master scheduling, maintaining the ECCCS Program Management Plan, Program Management Reviews, contract negotiation support, contractor management and compliance monitoring, quality control and inspection services, contractor change claim management, development of an ECCCS staffing plan from startup through operations and maintenance, Risk Management, and program documentation management. Technical consulting services include development of contract technical specifIcations, evaluation of contractor technical progress and compliance, management of acceptance testing, cutover, and implementation of such projects as: . Computer Aided Dispatch . Handheld radio replacement . Voice radio system infrastructure . Data radio system upgrade . ECCCS facilities and infrastructure site planning . E-9 I 1 . LANIW AN . Telco infrastructure . Systems/facilities design integration RCC's services to the City also include: . Review and evaluate the detailed technical, functional, and user's operational requirements for the ECCCS system and subsystems; . Review and evaluate all ECCCS program staff developed solicitation documents, including RFl's, RFQ's, RFP's, and RFB's for the procurement of system segments and services; . Assist the City in reviews and evaluations of proposals, quotes, and other responses received by the ECCCS program; . Assist the City in negotiation of contracts with selected vendors; . Advise the City regarding various policy issues, which may impact the ECCCS program; · Provide special written analyses, studies and reports as required by the Program Manager; . Dfwelop and formalize an ECCCS Risk Management Plan, including: Remedies for unplanned system/subsystem performance; Business consequences oflimited or unsuccessful system performance; Unforeseen significant cost growths and schedule slippages · Monitor efforts and provide engineering and administrative insight during ECCCS enhancement program fmal startup and operations implementation; . Participate as requested in design reviews, project reviews, and City staff meetings pertaining to the ECCCS Enhancement and Upgrade Program. Finally, RCC will assist the City during program closeout activities, including validation of acceptance documentation, system and subsystem design documents, technical operations and maintenance manuals, and as- built documentation. RCC Consultants, Inc. Selected Projects Rev. 6/29/00 .... . e It ~ ~ ~cc Consultants, Inc. Consulting Projects Client: City of Austin, Texas, Radio Coalition Mike Simpson Acting Wireless Technology Division Manager City of Austin Radio Communications Office 1006 Smith Road Austin, Texas 78721 (512) 927-3209 Contact: Project Status: Open Development of a County-wide 800 MHz Trunked Radio System Capable of Supporting a Coalition of Agencies Residing Within the City of Austin and Travis County Project Description: RCC Consultants, Inc. was retained by the City of Austin and the Austin Radio Coalition to assist in the development of a new County-wide 800 MHz trunked radio system capable of supporting the participating agencies. The Coalition consists of approximately 40 agencies from both the Public Safety and non-Public Safety sectors, including Capitol Metro, the Transit Authority, and Travis County. The project has been subdivided into three phases, which include: , . Phase I - Needs Assessment, Conceptual System Design, and Budgetary Cost Estimates . Phase II - Detail system design, development of specifications for procurement, evaluation of vendor proposals, and vendor selection . Phase III - Project Implementation, acceptance testing, and cutover to the new system RCC Consultants and the Coalition of agencies completed a thorough Needs Assessment to identify user requirements for the new system. It is the intent of the Coalition to develop a single shared network that would be capable of meeting the needs of all user agencies, which will collectively operate approximately 8,000 radios at system startup. At the completion of the Needs Assessment process, RCC Consultants worked with Coalition agencies to develop several conceptual solutions and budgetary cost estimates, which were presented to the Austin City Council and Travis County Commissioner's Court for approval. The City of Austin held a Bond Election in which approximately $40,000,000 was approved for development of the new system. Total funding of the project is $65 million. RCC Consultants assisted the Coalition in developing system specifications and releasing a Request for Proposals. RCC assisted the Austin Radio Coalition in the evaluation of vendor proposals, fmal selection of a vendor to install the system, and provided contract negotiation assistance. RCC Consultants, Inc. Selected Projects Rev. 513/00 ...,. - . e e ~ ~ ~cc Consultants, Inc. Consulting Projects Client: City of San Antonio, TX Contact: Gary Moeller Director of Information Services Information Services Department 515 S. Frio San Antonio, Texas 78207 (210) 207-7076 Project Status: Open Project Description: County-Wide, Multi-Agency 800 MHz Trunked Radio System The City of San Antonio retained RCC to develop a new county-wide 800 MHz trunked radio system to replace their existing 10-year old system. The new system will be capable of supporting approximately 6,000 radios, belonging to approximately 24 Public Safety and Public Service agencies of both the City of San Antonio and Bexar County. New.dispatch centers for the San Antonio Police Department, the San Antonio Fire and EMS Department, and the Bexar County Sheriff's Office are being completed as part of the project. The new system has been configured to provide greater capacity and coverage than the existing trunkedradio system. The City of San Antonio chose RCC to conduct the initial (phase I) Needs Assessment, alternatives analysis, development of conceptual design, and budgetary cost estimates, and then retained RCC in a Phase II project to develop and issue specifications for a Request for Proposals, to evaluate proposals, and to assist in contract, negotiations. The Requests for Proposals process has been completed, RCC evaluated proposals, and the City has awarded a $50 million contract to Ericsson, Inc. for a 9-site IMBE digital trunked radio system. RCC has been retained to provide Phase III Project Management of System Implementation. To provide continuity to this process, RCC has assigned a full-time on-site Project Manager who resides in San Antonio for the duration of system installation, acceptance testing and cutover. RCC Consultants, Inc. Selected Projects Rev. 919/99 . e SECTION 5 Project Team Organization e e SECTION 5 Project Team Organization 5.1 Ore:anization Structure We have assembled a team of consultants whose background and prior experience include the skills necessary to complete this project. Throughout all phases of the project, RCC s!aff will work closely with the City of La Porte to help ensure that the work products meet the company's goals and objectives. We have assigned a project manager who will be RCC's point of contact for all activities. Our Houston office will be the focal point for the project. The following personnel have been assigned to the project team: Gref!orv A. Munchrath, P.E. Executive Sponsor Mr. Munchrath, Vice President and General Manager of the RCC's Southern Region, will be responsible for all contractual agreements and will have overall responsibility for the successful completion of the project. He has over 20 years of experience in the development and implementation of similar systems. Mr. Munchrath is a Registered Professional Engineer in the State of Texas. Mr. Munchrath has consulted with numerous cities and counties, including: . City of Arlington, TX . City of Austin, TX . City of Brownsville, TX . City of College Station, TX . City of Grand Prairie, TX . City of Harlingen, TX . City of Lubbock, TX . City of McKinney, TX . City of Mesquite, TX . City of Midland, TX . City of Odessa, TX . City of San Angelo, TX . City of San Antonio, TX . City of Waco, TX . City of Wichita Falls, TX . Bexar County, TX . Clark County, NY . Collin County, TX . Galveston County, TX . Las Vegas Metropolitan Police Dept. . Montgomery County, TX . Nevada Power Company . Travis County, TX City of La Porte, TX Section 5, Page 1 Proposal- 2/23/01 e e S. Verdette Hall Proiect Manaeer Mr. Hall will be the Project Manager and will participate in all facets of the day- to-day work on the proj ect He has over 30 years experience in telecommunications and has designed PBX systems, outside cable plant (copper & fiber), and building LAN systems. He has also been project manager on the implementation of 800 MHz trunked radio systems, conventional VHF systems and CADIRMS systems. Jim Baron, PE RF Eneineer Mr. Baron has over 20 years experience in all facets of two-way radio engineering and system implementation. He has recently developed a new shared system for Grapevine, Keller, Hurst & Bedford here in Texas. He was also the primary engineer on the State of Texas design project. Mr. Baron will be the lead RF engineer on the project. Tim Driscoll RF Engineer Mr. Driscoll has over 15 years experience in designing and maintaining RF systems. His previous experience includes employment with both Motorola and Ericsson, so that he is familiar with all major radio system designs. He will assist Mr. Baron in all RF related activities. Peter Berry PBX & Cable 8vecialist Mr. Berry has almost 20 years experience in design and implementation of PBX and data networks. He is a certified BICSI cable plant engineer for both inside and outside cable plant design. Mr. Berry would assist Mr. Hall in all voice and data communications areas of the project. Mike Burnev CAD & RMS Specialist Mr. Burney is Manager of RCC's Computer Aided Dispatch and Records Management consulting practice. . He has 16 years of experience in the CAD/RMS field, and has worked with cities and counties throughout the U.S. on the development and implementation of CAD, MDT, and AVL systems. Should any requirement for CAD & RMS Systems become involved in this 5.2 RCC Staff Additional support personnel will assist the project team members on an as-needed basis. In particular, RCC has consultants available with additional expertise in dispatch center design, wireless 9-1-1 caller ID and location (FCC Docket 94-102), CAD, Records Management Systems, and Microwave networks. City of La Porte, TX Proposal- 2/23/01 Section 5, Page 2 e e In summary, our staffing plan includes senior professionals with backgrounds directly relevant to this project. They bring outstanding credentials in those areas required by the City of LaPorte. Beyond this, they bring a consulting maturity that will help ensure a smooth and effective working relationship with the company. In the event that any member of the proposed project team is unable to complete the assignment, another member of the RCC organization with similar qualifications will be quickly assigned to the project. 5.3 Resumes Resumes of the individuals assigned to the City of LaPorte project team are included on the following pages. City of La Porte, TX Proposal- 2/23/01 Section 5, Page 3 e e APPENDIX B June 5, 2001 Ms. Martha Gillett City Secretary City of LaPorte 604 W. Fairmont Parkway LaPorte, Texas 77571 Dear Ms. Gillett: RCC Consultants, Inc. (RCC) is pleased to have been selected by the City of LaPorte as the firm best qualified to provide consulting assistance for the City's communications project. The purpose of this correspondence is to provide a cost proposal for the scope of work outlined in our proposal dated February 23,2001. Our cost proposal is based upon our current understanding of the City's scope of work and needs & requirements for the project. Our professional fees are based upon the amount of time and level of skill required to successfully complete the proposed workplan. As requested in the City's RFP, our proposed workplan was broken down into three phases as follows: ~ Phase I: Needs Assessment, Conceptual System Design, and preparation of budgetary cost estimates ~ Phase II: Development of detail system designs, Request for Proposals to acquire the recommended systems, evaluation of vendor proposals, and contract negotiation assistance ~ Phase III: Project implementation assistance and acceptance testing of the new systems It is our understanding that the scope of work includes an assessment of the City's two-way radio communications systems, the City's existing telephone systems and data networking facilities, and the City's Public Safety dispatch facility for Police, Fire, and EMS. Our proposed project team includes personnel who specialize in those various areas of expertise, including wireless voice communications, wireless data communications, telecommunications, and Public Safety Computer Aided Dispatch and Records Management systems. Our proposed project team includes individuals highly skilled in those respective areas. The level of consulting effort required by the City in Phases II and ill will depend upon the particular solutions selected at the end of Phase I of the project. For this reason, our cost proposal addresses Phase I at this time. Once the various system solutions have been selected at the end of Phase I, RCC will provide a cost proposal to provide consulting assistance for Phases II and m. The hourly rates shown on our cost proposal are valid for one (1) year, therefore, professional fees for Phase II and III will likely be based upon the same hourly rates quoted for Phase 1. Ms. Martha Gillett City of LaPorte e e June 5,2001 Page Two Our cost proposal represents a "not to exceed" amount unless the City elects to modify the scope of work contained within the contract to be completed between the City and RCC. Our proposed workplan envisions that the kickoff meeting and user interviews will occur during the same week to minimize travel expenses. RCC will invoice the City on a monthly basis for the work completed in the previous month. Invoices will include both professional fees and out-of-pocket expenses for each month. We will utilize our corporate discounts whenever possible to help minimize out-of-pocket expenses. We do not expense items such as overnight express mail, telephone calls, and photocopying of documents. A breakdown of our professional fees and expenses has been provided on the following page. The City will notice that the breakdown includes two different managing consultants under the Direct Engineering Expenses category. One managing consultant will address wireless voice communications issues, the other will address wireless data communications issues. Ms. Gillett, we are available to discuss our proposed workplan and cost proposal either by telephone or in person as needed. I can be reached in our Houston office at 281-999-1441 for further discussion. We were very pleased to have been selected by the City of LaPorte and look forward to working with the City to help make this another one of its success stories. Sincerely, Gregory A. Munchrath, P .E. Vice President & General Manager - Southwest Region GAM:pmm Attachment cc: Verdette Hall - RCC e e ~cc LaPorte Phase I Cost Proposal.xls Page 1 of 2 e e ~cc LaPorte Phase I Cost Proposal.xls Page 2 of 2 e ~ ~cc e RCC CONSULTANTS, INC. TECHNICAL SERVICES CONTRACT Radio I Mobile Data I P. Safety Dispatch I Telecom City of LaPorte, TX Phase I Needs Assessment, Conceptual Design, Budgetary Cost Estimates Hours Rate Subtotal Vice President & General Mana er 30 $ 250.00 7,500.00 Mana in Consultant 120 $ 175.00 21,000.00 Director 116 $ 200.00 23,200.00 Sr Consultant 136 $ 150.00 20,400.00 Mana in Consultant 112 $ 175.00 19,600.00 Administrative Assistant 40 $ 50.00 2,000.00 554 93,700.00 Rate Subtotal $ 650.00 $ 2,600.00 $ 200.00 $ 400.00 $ 125.00 $ 1,125.00 $ 65.00 $ 520.00 $ 0.33 LaPorte Phase I Cost Proposal.xls Herbert L.Jamison & Co., L.L.C. 100 Executive Drive West Orange NJ 07052 (973) 731-0806 INSURED ...:.:.:~t':.'.:.:DATE'"(Mr;.tDDNyr:':.l COMPANY A Atlantic Mutual Ins. Co. COMPANY B Evanston Ins. Co. COMPANY C RCC Consultants, Inc. and subsidiaries 100 Woodbridge Center Drive Suite 201 Woodbridge, NJ 07095-1125 COMPANY o :~~~~~gy€li!i~Wim~~MM@i~~~~@m~~~llt~i~j~~m~~tf;t~~~~m~~M@f@@~~~i~i~li~~f.Jft~M~~Wlmi~iljm]ifiM~~~j1.jj~~&iWMM~miff~1*Mm~!~@~fm@~1?Mi~~j~~~~1fJ~IM&~~MmI~~fll~U~~if THIS IS TO CERTIFY THA TTHEPOLICIES OF INSURANCE LISTED BELOWHA VEBEENISSUED TO THE INSURED NAMED ABOVE FOR THEPOLlCYPERIOD INDICA TED,NOTWITHST ANDING ANY REQUIREMENT, TERMOR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICHTHIS CERTIFICATE MA Y BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POUCY EFFECTIVE POUCY EXPIRATION DATE (MMlDDIYY) DATE (MMlDDIYY) CO LTR TYPE OF INSURANCE POLICY NUMBER A GENERAL UABLITY 5/07/02 486406921 5/07/01 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE W OCCUR OWNER'S & CONTRACTOR'S PROT A AUTOMOBILELIABLITY X ANY AUTO ALL OWNED AUTOS SCHEDUlED AUTOS HIRED AUTOS NON-oWNED AUTOS 5/07/01 5/07/02 486406921 GARAGE UABLITY ANY AUTO A EXCESS LIABLITY 486406921 5/07/01 5/07/02 X UMBRELLA FORM OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND 400524537 5/07/01 5/07102 EMPLOYERS'LIABLITY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL OTHER 8 Miscellaneous E & 0 AE804607 5/07/01 5/07/02 DESCRIPTION OF OPERATIONSJLOCATIONSIVEHICLES/SPECIAL ITEMS LIMITS GENERAL AGGREGATE $ 2,000,000 PRODUCTS.COMP/OP AGG $ 1,000,000 PERSONAL & AOV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Anyone fire) $ 100,000 MED EXP (Any one person) $ 5,000 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ AUTO ONl.. Y - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ $ 500,000 EL DISEASE.POlICY LIMIT $ 500,000 EL DISEASE-EA EMPLOYEE $ 500,000 $5,000,000 Each Claim $5,000,000 Annual Aggregate Insured under Certificate Holder Is included as additional General Liability If required by leasa or contract and subject to polley terms and conditions. RE: Consultant Services Agreement for Communications Systems Review lmfjmtljgMtilgjj~MMW%lWii@MM@!MMJWMt111tlB1%tmtmMiIJl%i&j.ijiUlfi@]1.MKtiiiW@lMgMlitiltijJt.%rM4mili@lit@mmm~: Ci ty of LaPorte 604 W. Fairmont Parkway LaPorte, Texas 77571 e e . e REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: September 24. 2001 Requested By: BooI Kneu..e~ Department: Plannin2 - v U Report: _Resolution: _Ordinance: ....L. Source of Funds: General & CIP Funds Account Number: 015-9892-840 & 003-9890-840 Amount Budgeted: $50.000 Amount Requested: $28.500 Exhibits: Budgeted Item: -X... YES _NO 1.) Contract for Senices SUMMARY & RECOMMENDATION As an initial step toward implementation of the City's Geographical Information System (GIS), $180,000 was budgeted in FY 00-01 to replace, update and improve the City's mapping. Since our last comprehensive mapping endeavor took place (O'Malley & Clay - April, 1980), subsequent annexations, business, resiQential and infrastructure development have made our current mapping all but obsolete. This funding would have provided for up-to-date digital aerial imaging, current topographic data over1ays (Le.: elevations and contours) ~nd planimetric data over1ays such as property and parcel lines, building footprints, fences, etc...). While researching additional sources of mapping, Staff contacted the Houston-Galveston Area Council (HGAC) to inquire about their available mapping. HGAC maintains and provides to its member cities, low cost aerial mapping (flown '99-'00) and complete coverage of our entire jurisdiction including our industrial districts as well the adjacent cities of Shoreacres and Morgan's Point. This product has already been acquired for $480.00. In this same vein of promoting GIS for all departments within the City, Staff has investigated several approaches to implementing the City's GIS and its many components. As a result of our research, Staff is recommending ~n approach to pursue implementation by contracting the services of a qualified consulting firm to assist the City in conducting a needs assessment for GIS and developing a subsequent implementation plan. Requests for Qualifications were sent to eight consulting firms who specialize in the field of GIS. Of the eight, four firms responded with a Statement of Qualifications. Of the responding four, Geographic Technologies Group, Inc., based in North Carolina with a local office in Pear1and, was selected based on their extensive experience with application of GIS technology for county and local governments. GTG has developeq mij"Y innovative software applications that expand the effectiveness of the end-user. Staff recommends that Council approve and authorize the City Manager to execute a contract for services with GTG, Inc. in the amount of $28,500 to conduct a GIS Needs Assessment and Implementation Plan for the City of La Porte. Action ReQuired bv Council: Consider approval of an ordinance authorizing the City Manager to execute a contract between the City of La Porte and GTG, Inc. for services in conducting a needs assessment and developing an implementation plan for the City's Geographic Information System and providing $28,500 to fund said contract. Approved for City Council Aeenda (xJ~ y. \A~ Robert T. Herrera, City Manager ~-19'O\ Date . e CITY OF LA PORTE INTEROFFICE MEMORANDUM September 20, 2001 TO: Mayor and City Counci Robert T. Herrera, Ci SUBJECT: Aerial Photography FROM: John Joerns, Ass t The FY 00-01 Capital Improvement Project (CIP) Budget included $180,000 ($90,000 each in General and Utility CIP) for new aerial photography and topographic mapping covering the City and its extraterritorial jurisdiction (ETJ). This new mapping was to be a step towards development of a GIS program. During the budget reviews, Councilman Sutherland suggested we visit with HGAC regarding suitability of aerial photography available through HGAC. After a few technical difficulties, staff was able to successfully open and manipulate the map files obtained from HGAC. While the precision and resolution is less than the photography we were originally considering, it is sufficient for current needs and quite a bargain - $480. During the year staff visited other City's with GIS systems and also had a consultant meet with representatives of all departments to discuss development of a GIS system. We then asked the consultant to submit a proposal for a city-wide needs assessment and implementation plan. Dfthe original $180,000 budgeted, $65,000 each has been returned to the General and Utility Funds. The balance of approximately $50,000 covers the aerial photography and if approved, the GIS planning services. The topographic mapping will be deferred until completion of the GIS planning study. Weare requesting Council consider approval of a consulting services contract with Geographic Technologies Group, Inc to assist the City in conducting a needs assessment for GIS and developing a subsequent implementation plan. c: Doug Kneupper, Director of Planning JJ/cns tR ~ e e ORDINANCE NO. 2001-a51? AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND GEOGRAPHIC TECHNOLOGIES GROUP, INC., FOR PROVIDING A GIS NEEDS ASSESSMENT AND IMPLEMENTATION PLAN, 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. 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. e e ORDINANCE NO. 2001-~'11 PASSED AND APPROVED, this 24th day of September, 2001. CITY OF LA PORTE By: ..If:,"~dL~4___ ~an L. Mal e Mayor ATTEST: ~aur4.J d. fijJid Mar ha . Gillett City Secretary APPR~:. . /'1 ~vJ~~ Knox W. Askins City Attorney PAGE 2 e e CONTRACT FOR SERVICES This CONTRACT for GIS services entered into by and between the City of La Porte, TX, hereinafter called LA PORTE, and Geographic Technologies Group, Inc., hereinafter called GTG; WITNESSETH THAT: WHEREAS, LA PORTE desires to engage GTG to provide professional services; and, WHEREAS, LA PORTE finds that the proposed Scope of Services and terms of this Contract are acceptable; and, WHEREAS, GTG desires to provide said services and agrees to do so for the compensation and upon the terms and conditions as hereinafter set forth, NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Emplovment of GTG. LA PORTE hereby engages GTG and GTG hereby agrees to perform the professional services hereinafter set forth. The intent of this Contract is to set out the general terms by which individual Task Orders are agreed to. 2. Scope of Services. GTG shall perform, in a professional manner, the services set forth in Attachments to this Contract (Attachment A -Task Order Agree, Attachment B - GTG response to proposal) which outline the scope of services, schedule, and fee for each task order. These Attachments are incorporated herein and are termed "Task Order Agreements" . 3. Extra Services. GTG shall provide extra services, not specifically called for in the task order assignments, only upon written authorization of LA PORTE. 4. Time of Performance. GTG will commence work on or as soon as practicable after the date of execution of a Task Order and all work as set forth in the scope of services shall be completed within the time specified in the Task Order Agreement assuming the timely submission of all required data (current hardware and software specifications, a list of available/existing GIS data) and the scheduling of all meetings and reviews by LA PORTE. e e If LA PORTE requests modifications to the scope of services of a Task Order, the time of performance of GTG shall be adjusted appropriately. GTG'S services under this Contract, and any Task Orders, shall be considered complete at the earlier of the date when the submissions for that phase have been accepted by LA PORTE. 5. Meetinqs. This Contract includes attendance by GTG at meetings, as identified in Task Order Agreements, to make presentations or to otherwise review the progress of the work. 6. Reports. GTG shall prepare and submit to LA PORTE reports as called for in Task Order Agreements, attached hereto. 7. Compensation. GTG agrees to perform the services provided for in each Task Order Agreement and LA PORTE agrees to compensate GTG for such services as set forth in those Agreements. Payment to GTG will be made within 30 calendar days of acceptance of deliverables. 8. Personnel. GTG represents that it has, or will secure at its own expense, all personnel required to perform the services under this Contract and that such personnel will be fully qualified to perform such services. 9. Responsibilities of LA PORTE. It is agreed that LA PORTE will have the following responsibilities under this Contract: a. The provision of all available information, data, reports, records, and maps to which LA PORTE has access and which are needed by GTG for the performance of the services provided for herein. b. Providing assistance and cooperation for GTG in obtaining any other needed material that LA PORTE does not have in its possession. c. Making available the services of LA PORTE as may be necessary to obtain information as needed to perform the work program set forth in the Scope of Services. d. The designation of a single representative who will be authorized to make necessary decisions required on behalf of e e LA PORTE and will serve to provide the necessary direction and coordination for the project. All such responsibilities shall be conducted in a timely manner and without undue delay so as not to delay GTG in the performance of its services. 10. Delays Beyond the Control of GTG. It is agreed that events that are beyond the control of GTG or LA PORTE may occur which may delay the performance of the Scope of Services. In the event that the performance of the Scope of Services by GTG is delayed beyond its control, GTG shall notify LA PORTE of such delay and the reasons therefore, and LA PORTE shall extend the time of performance appropriately. 11. Dispute Resolution. The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by negotiation between senior executives of the parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who will represent that party. The executive shall meet at a mutually acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties shall endeavor to settle the dispute by mediation under the Center for Public Resources Model Procedure for Mediation of Business Disputes or pursue amicable termination. 12. Chanqes. LA PORTE or GTG may, from time to time, request modifications or changes in the Scope of Services. Such changes, including any increase or decrease in the amount of GTG'S e e compensation, which are mutually agreed upon by and between LA PORTE and GTG, shall be incorporated in written amendments. 12. Termination of Contract. This Contract and any Task Order Agreements under this Contract may be terminated by either LA PORTE or GTG with 14 days written notice. In the event of such termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by GTG shall, at the option of LA PORTE, become its property. GTG shall be entitled to receive just and equitable compensation for work accomplished prior to the termination. 13. Assiqnability. This Contract shall not be assigned or transferred by either GTG or LA PORTE without the prior written consent of the other. 14. Liability and Standard of Care. GTG shall perform services for client in a professional manner, using that degree of care and skill ordinarily exercised by consultants practicing in the same or similar locality as the project. The total liability of GTG whether in contract, tort (including negligence, whether sole or concurrent), or otherwise arising out of, connected with or resulting from the services provided pursuant to this agreement shall not exceed the total fees paid for the Work Order Agreement in question, or fifty thousand dollars, whichever is less. LA PORTE acknowledges that GTG is a Corporation and agrees that any claim made by LA PORTE arising out of any act or omission of any director, officer or employee of GTG in the execution or performance of this agreement shall be made against GTG and not against such director, officer, or employee. GTG will maintain the following minimum limits of insurance during the term of this agreement: 1. General Liability Each Occurrence: $1,000,000 Fire Damage (Anyone fire) $50,000 Medical Expenses (Anyone person) $5,000 Personal & Adv Injury $1,000,000 General Aggregate $2,000,000 2. Automobile Liability - Combined Single Limit $1,000,000 3. Worker's Compensation Statutory Each Accident $100,000 Each Disease - Each Employee$100,OO Each Disease - Policy Limit $500,000 e e 15. Payments. La Porte will make payments to GTG based on time and materials not to exceed $28,500. GTG will not exceed this amount without prior written authorization from La Porte. IN WITNESS WHEREOF, GTG and LA PORTE have executed this Contract as of the date written below and under the laws of the State of North Carolina. La Porte, TX Geographic Technologies Group, Inc. (GTG) , / /CL By: a~^~ Title: P(I~CI W ( I By:G~ T, H~ Title: ~i+ ~--.l8 A /J ~ G et Date: C1 0) Date: AA~ ':3 I ) WO I e e ATTACHMENT A TASK ORDER AGREEMENT NO.____ Project: __________________ Ovvner____________________ Scope of Services Review of Existing Environment Draft GIS Needs Assessment and Implementation Plan Final GIS Needs Assessment and Implementation Plan Deliverables Ten copies of fully bound Draft and Final Needs Assessment document. Fee $28,500 AG REED La Porte, TX By: G~,...$ ~ ~~ Title: CAy ~( Date: Q Geographic Technologies Group, Inc. (GTG) By: (J4#&f Title: Pr, Vt.{./ prt-/ . f Date:-1hA J 3 / j '10() I e ATTACHMENT 8 e SCOPE OF SERVICES The following scope of services will act as a framework for the effort needed to develop a GIS strategic plan for the City of La Porte, Texas. Mr. David A. Holdstock, Mr. Curtis A. Hinton and Mr. Scott Hurley will be responsible for the content and quality of all final deliverables, and the schedule identified in this document. This scope of services includes proposed meeting schedules, project management methodologies, analysis methodologies, documentation deliverables, a project schedule, and a proposed budget. The City of La Porte, Texas will benefit from a well-structured GIS Strategic Implementation Plan as it will establish a framework for procuring, deploying, and utilizing GIS and geo-spatial data. There are two distinct phases to this project: Phase I - A GIS Needs Assessment and Feasibility Analysis, and Phase II - The development of a GIS Strategic Implementation Plan. The following is an oucline of each project phase and the tasks involved: Phase I - GIS Needs Assessment & Feasibility Analysis . Evaluate existing GIS-related business practices. . Document and review current data models and data sets. . Document and review the current GIS organizational model. . Document current GIS needs as it relates to business operations, data models, and organizational structure. Phase II - GIS Strategic Implementation Plan . Recommend modifications to current GIS-related business practices. . Recommend new GIS-related business practices. . Recommend new data models to accommodate modified and new GIS-related business practices. . Recommend a GIS organizational model for use by the City of La Porte. . Develop a phased GIS implementation plan, schedule, and budget estimates. PHASE I - NEEDS ASSESSMENT AND FEASIBILITY ANALYSIS The GTG team will interview selected divisions or departments of the City of La Porte to inventory GIS resources, facilities, hardware, and software. Special attention will be paid to full utilization of existing investment in GIS software, hardware, other databases, and database products. The sample questionnaire (EXAMPLE A) illustrates the comprehensive approach to evaluating GIS business practices, data sets, and organizational models. The project team will utilize it's own optimized interview guidelines to perform a GIS Needs Assessment and Feasibility Analysis. Interview questions will address the key issues: A. Department Structure and Size . Identify the primary function of each department or division within the City of La Porte. Document general and specific GIS tasks. e e . Compile a description of the overall organization including the number of employees. . Describe the number of staff with availability and access to a computer and their level of need of GIS. . Document organization issues and opportunities. B. Description of Hardware . Document the number of workstations, personal computers, and individual staff using them. . Evaluate and report operating systems, connectivity descriptions, and computer configurations. . Address the strengths and weakness of the existing system configuration. C. Description of Software . Describe all software applications . Describe in detail all software including in-house or vendor developed custom software. D. Current and Desired Activities Relying on Maps . Identify the primary kinds of mapping activities of each department. . Document maps internally produced and maps that are created by outside vendors. . Describe the types of digital information required by each department, as well as analytical tasks performed by each department or section. . Identify all possible GIS opportunities. . Perform GIS Functionality Requirement (See Example B) analysis. E. Current and Desired Activities Relying on Databases . Identify the primary kinds of databases used by each division or department. . Evaluate the effectiveness of relational databases and possible linkage to a GIS. F. Organizational Issues . Document and evaluate departmental cooperation in terms of sharing data. . Identify and document the advantages and disadvantages of sharing data. . Identify roadblocks and political realities existing within the organization. G. Guidelines to a Successful GIS Implementation . Develop general guidelines for the successful implementation of GIS. . Develop guidelines that will take the form of the main keys to implementing a successful GIS in the City of La Porte, Texas. H. External Entities . Identify all existing external sources of data and information. . Document and evaluate County GIS and tax base information. . Identify the protocols and procedures for utilizing this digital and attribute base. e e I. Departmental GIS Applications Evaluation GTG, Inc. will comprehensively evaluate GIS usage and/or need within each division or department. The utilization of GIS based technology will be described and evaluated in terms of: . How GIS will interface with current systems. . How GIS will interface with existing database initiatives or efforts. . Solutions for interfacing with GIS software. . Hardware, software, and networking solutions. . Custom application specifications. J. Other City of La Porte-GIS Issues GTG further understands that the Needs Assessment and Feasibility Analysis must address the following areas: . The city data base structure, paying close attention to the information link that must be maintained between Arc/Info. . An evaluation of the data layers presently being utilized by the City of La Porte. . The personnel and the job descriptions that are currently being utilized and the required level of expertise that is needed to operate GIS in the City of La Porte. . Compare and contrast a centralized structure verses a decentralized structure for the City of La Porte-GIS. Show the pros and cons of each structure with the emphasis on providing the most cost efficient use of personnel and the ability to provide the services that are required by the City of La Porte. . Review the metadata format that is currently being utilized by City of La Porte. PHASE II - GIS STRATEGIC IMPLEMENTATION PLAN Based on the findings of Phase I the GTG team will develop a cost effective strategic GIS Implementation plan and conceptual system design. This plan will address all technical and personnel issues that facilitate a successful GIS strategy. Tasks will include: A. Phased GIS Implementation Plan . Develop a phased strategic implementation plan that will: . Recommend Hardware and software purchases. . Recommend modifications to current GIS-related business practices. . Recommend new GIS-related business practices. . Recommend new data models to accommodate modified and new GIS- related business practices. . Recommend a GIS organizational model for use by the City of La Porte. . Recommend a GIS implementation schedule and budget. . Recommend an approach that will include assigning responsibilities for implementation. . The plan will act as a road map and scope of services for implementing a cost effective GIS that will illustrate improved efficiency, reduced costs, and increased productivity . e e B. Conceptual System Design . Develop a GIS conceptual design of a selected alternative GIS implementation plan. . Address connectivity of workstations, responsibility of database, software, operating systems, and cabling issues. . Create a diagrammatic illustration of how the system will look and data will flow. Project Deliverables The following are project deliverables. 1. Needs Assessment Report containing: A. Current City of La Porte GIS-related business practices, B. Current City of La Porte data models and data sets, and C. Current City of La Porte GIS organizational structure. 2. A City of La Porte Strategic GIS Implementation Plan containing Recommendations for: A. Modifications to current GIS-related business practices, B. New GIS-related business practices, C. New data models to accommodate modified and new GIS-related business practices, D. A GIS organizational model for use by the city, and E. An Implementation schedule and estimated budgets. GTG - Project Management GTG will be responsible for providing the City of La Porte with the following information: . Regularly scheduled project status reports. . Regularly scheduled updates concerning technical issues. . Regularly scheduled statistics reflecting the percentage of project completed. City of La Porte, Texas GIS Needs Assessment, Feasibility Study and Phased Implementation Plan . GTG will develop 5 Draft Needs Assessment & Strategic plan for review and comment. . GTG will make all changes as indicated by the City of La Porte. . GTG will develop 10 Final GIS Needs Assessment & Strategic Implementation plans. . Mr. Curtis Hinton, Mr. David Holdstock and Mr. Scott Hurley will present all project findings in a formal presentation. e e PROPOSED BUDGET The Geographic Technologies Group, Inc., is confident that our proposed budget reflects the level of effort required to complete all tasks specified in the technical proposal, including all interviews, reports, recommendations, and presentations for the City of La Porte, Texas. We propose to provide all GIS consulting services for each phase of the project for a LUMP-SUM fee of $28,500. Task 1. GIS Needs Assessment & Feasibility Study Task 2. GIS Strategic Implementation Plan Total Project Cost $18,500 $10,000 $28,500 e e e CONSENT AGENDA e e e A e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 24. 2001 Requested By' s. emett ~ Department: Public Works Appropriation Source of Funds: General Fund Account Number: 001-7071-531-4015 Report: X Resolution: Ordinance: Amount Budgeted: $155,000 Bid Tabulation and Bidders List Amount Requested: $25,710 Exhibits: Exhibits: Budgeted Item: YES Exhibits: SUMMARY & RECOMMENDATION Sealed bids were opened on August 28,2001 for the concrete pipe. This pipe is used in the City's drainage maintenance program to replace and upgrade existing drainage systems. Bids were sent to six vendors, with three returning bids. Low bid was submitted by Hanson Pipe and Products, for a total estimated annual cost of$25,710. Although a 29% increase since the last bid, the last bid was in 1996. Adequate funds are budgeted in the Street Division operating budget. Action Required bv Council: Award bid for annual contract to furnish Reinforced Concrete Pipe to Hanson Pipe and Products in the amount of$25,710. Approved for City Council A2enda ~~~~ bert T. Herrera, City Manager "l.tf'.O\ Date e e BID TABULATION BID # 0837 - REINFORCED CONCRETE PIPE RINKER JERRY HANSON MATERIALS McKINLEY PIPE & HYDRO CONCRETE DESCRIPTION QTY PRODUCTS CONDUIT PIPE , 1) 12" RCP 200 $7.55 $7.96 $8.08 2) 15" RCP 200 $9.60 $9.60 $9.27 3) 18" RCP 200 $11.05 $11.64 $10.54 4) 24" RCP 200 $15.70 $16.54 $15.11 5) 36" RCP 200 $30.85 $32.46 No Bid 6) 48" RCP 200 $53.80 $56.66 No Bid TOTAL $25,710.00 $26,972.00 $8,600.00 e e BIDDER'S LIST SEALED BID #0837 - REINFORCED CONCRETE PIPE JERRY MCKINLEY CONCRETE PIPE 2918 ELYSIAN STREET HOUSTON TEXAS 77009 MOORE & MOORE LUMBER 530 S. BROADWAY LA PORTE TEXAS 77571 HANSON PIPE AND PRODUCTS P.O. BOX 40444 HOUSTON TEXAS 77240 HYDRO CONDUIT BAY 16400 HWY 6 ROSHARON TEXAS 77583 SOUTH HOUSTON CONCRETE PIPE P.O. BOX 101 SOUTH HOUSTON TEXAS 77587 SAVOY TRADING INC. 11381 MEADOWGLEN LANE, SUITE A HOUSTON TEXAS 77082 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE TEXAS 77572-0996 BA YSHORE SUN PUBLISH DATES AUGUST 12, 2001 AUGUST 19, 2001 e e B e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 24. 2001 Requested By: Steve Gillett ~ Department: Public Works Appropriation Source of Funds: Vehicle Maintenance Fund Account Number: 024-7074-534-9095 Report: lResolution: Ordinance: Amount Budgeted: $40.000.00 Exhibits: Bid Recap Sealed Bids #0840 Amount Requested: $37.451.90 Exhibits: Budgeted Item: XX YES NO Exhibits: SUMMARY & RECOMMENDATION Advertised, sealed bids #0840 - Tires were opened and read on September 10, 2001. Bid requests were mailed to seventeen (17) vendors with four (4) returning bids. Low bid meeting specifications for Section I - Small Tires - was submitted by Carr's City Tire in the amount of $11,544.90. Low bid meeting specifications for Sections 11- Heavy Truck, Tractor and Section III - Recap Only - was submitted by A to Z Tire Company in the amounts of $21,337.00 and $4,560.00 respectively. These prices represent a three percent (3%) decrease from the last bid. Staff recommends award of bid for the annual supply of tires for Section I - Small Tires to Carr's City Tire and Sections II - Heavy Truck, Tractor & III - Recap Only to A to Z Tire Company, low bidders meeting specifications. Using estimated quantities, the cost of this contract would be $37,451.90. Adequate funds for this purchase is budgeted in the FY 01-02 Vehicle Maintenance Operating Budget. Action Reauired bv Council: Award bid for Section I to Carr's City Tire and Sections II & III to A to Z Tire Company, low bidders meeting specifications, as recommended by Staff. ADDroved for Citv Council A2enda ~r.~ Robert T. Herrera, City Manager q.fg.O( Date e e BID TABULA TION - BID #0840 TIRES .....-. -- CARR'S CITY LA PORTE COMMERCIAL DESCRIPTION QTY TIRE TIRE CENTER A TO Z TIRE TIRE SECTION #1 . SMALL TIRES ITEM #1. . POLICE SPECIAL RADIAL A. P225/70 HR 15 Black 50 $43.50 $46.00 $48.00 $69.73 B. P225/60 R 16 Black 70 $43.50 $47.50 $50.00 $72.98 ITEM #1 TOTAL $5,220.00 $5,625.00 $5,900.00 $8,595.10 ITEM #2 - CAR TIRES A. P205/65 R 15 Black 4 $26.00 $26.12 $31.00 $79.79 B. P205170 R 15 Black 4 $25.00 $37.52 $31.00 $49.76 C. P195/75 R 14 6 $25.00 $35.02 $25.00 $75.99 D. P215/60 R 16 94S (057-789) 8 $33.00 $47.74 $41.00 $69.99 ITEM #2 TOTAL $618.00 $846.60 $726.00 $1,534.06 ITEM #3 - PICKUP TIRES A. P235175 R 15 44 $35.00 $52.10 $40.00 $52.71 B. LT215/85 R 16 36 $51.00 $66.06 $62.00 $91.82 C. 235/85 R 16 6 $55.60 $72.51 $62.00 $112.71 D. 245/75 R 16 6 $55.55 $75.82 $49.00 $89.88 E. L T225/75 R 16 16 $51.00 $67.36 $56.00 $87.88 F. P235/70 R 16 12 $42.00 $58.86 $47.00 $84.97 G. LT255170 R 16AT/S 8 $43.00 $64.77 $58.00 $91.80 ITEM #3 TOTAL $5,706.90 $7,862.78 $6,582.00 $10,000.42 SECTION #1 TOTAL $11,544.90 $14,334.38 $13,208.00 $20,129.58 SECTION #2 . HEAVY TRUCK, TRACTOR AND SPECIAL APPLICATION TIRES ITEM #1A. FARM TRACTOR TIRES - TUBELESS A. 11LX 15 F3 -10 Ply 6 $60.50 $77.18 $71.00 $92.99 B. 11LX 16 F3-10 Ply 2 $62.00 $81.80 $71.00 $104.68 C. 16.9 X 24 - 10 Ply 2 $246.00 $243.16 $200.00 $322.67 D. 16.9 X 24 R4 - 8 Ply 2 $179.00 $210.52 $200.00 $282.18 SUB TOTAL $1,337.00 $1,534.04 $1,368.00 $1,977.00 ITEM #1B - FARM TRACTOR-TUBES A. 6.50 X 9.00 L - 10 10 $5.60 $7.90 $4.00 $34.95 B. 6.50 X 9.00 - 15 10 $7.00 $8.90 $4.00 $33.95 SUB TOTAL $126.00 $168.00 $80.00 $689.00 ITEM # 1 TOTAL $1,463.00 $1,702.04 $1,448.00 $2,666.00 ITEM #2 . TRUCK. STREET TUBELESS A. 385 - 65R X 22.518 Ply 20 $265.00 $284.74 $270.00 $436.69 ITEM #2 TOTAL $5,300.00 $5,694.80 $5,400.00 $8,733.80 ITEM #3 - SMALL TRACTOR TIRES A. 25 - 8.5 X 14 NHS Turf 2 $50.00 $54.90 $47.00 46.49 B. 23 - 8.5 X 12 NHS Turf 4 $27.50 $44.90 $34.00 49.99 C. 13.6 X 16 16 NHS Turf 2 $113.00 $174.90 $151.00 49.99 ITEM #3 TOTAL $436.00 $639.20 $532.00 $392.92 ITEM #4 . TRUCK TIRES - MUD GRIP A. 10.00 X 20 (16 Ply) 20 $185.00 $180.98 $155.00 $299.76 B. 11.00 X 20 (16 Ply) 4 $227.00 $209.61 $255.00 $299.76 C. 11 R X 22.5 (14 Ply) Tubeless 30 $168.00 $176.38 $170.00 $289.54 D. 10.00 X 20 Tubes 25 $9.00 $12.90 $9.00 $29.95 E. 11.00 X 20 Tubes 4 $16.90 $16.90 $13.00 $37.95 ITEM #4 TOTAL $9.940.60 $10,139.54 $9,497.00 $16,780.99 ITEM #5 - TRUCK TIRES - HIGHWAY A. 10.00 X 20 (14 Ply) Tube 4 $168.00 $169.94 $140.00 $245.29 B. 11 R X 22.5 (14 Ply) Tubeless 8 $152.00 $188.82 $155.00 $272.54 C. 11.00 X 20 (16 Ply) Tube 4 $198.00 $207.70 $195.00 $299.79 D. 12R22.5 Tubeless 4 $204.00 $236.02 $210.00 $340.68 E. 315/80 R 22.5 Tubeless 4 $225.00 $268.40 $260.00 $391.15 ITEM #5 TOTAL $4,396.00 $5,038.80 $4,460.00 $7,287.96 SECTION #2 TOTAL $21,535.60 $23,214.38 $21,337.00 $35,861.67 SECTION #3 . RECAP ONLY ITEM #1 . TRUCK TIRES - RADIAL A. 10.00 x 20 (14 Ply) Tube 30 NO BID $99.90 $76.00 $97.31 C. 11R x 22.5 (14 Ply) Tubeless 30 NO BID $99.90 $76.00 $97.61 SECTION #3 TOTAL $0.00 $5,994.00 $4,560.00 $5,847.60 GRAND TOTAL $33,080.50 $43,542.76 $39,105.00 $61,838.85 e e BIDDER'S LIST SEALED BID #0840 - TIRES A TO Z TIRE & BATTERY 4909 DACOMA HOUSTON TX 77092 CARR'S CITY TIRE 1316 N. MAIN BAYTOWN, TX 77521 DORSETT'S TIRE CENTER 6630 SPENCER HWY PASADENA, TX 77505 BEASLEY TIRE SERVICE P.O. BOX 11556 HOUSTON, TX 77293-1556 CONTINENTAL GENERAL TIRE 8204 ELM BROOK DR., SUITE 211 DALLAS, TX 75247 GCR HOUSTON TRUCK TIRE 299 GELLHORN HOUSTON, TX 77013 GOODYEAR AUTO SERVICE 4840 CENTER DEERPARK, TX 77536 GRAY'S WHOLESALE TIREDIST P.O. BOX 2561 FORT WORTH, TX 76113 LA PORTE TIRE CENTER 1101 W. FAIRMONT PKWY LA PORTE, TX 77571 NAPA INTEGRATED SUPPLY 1408 KIPP AVE KEMAH, TX 77565 GOODYEAR COMMERCIAL TIRE CENTER 4411 HOMESTEAD RD HOUSTON, TX 77028 JMB TIRE & APPLIANCE CO. P.O. BOX 2469 ALVIN, TX 77512 MICHELIN TIRE CORPORATION POBOX 19001 GREENVILLE SC 29602-9001 STROUHAL'S TIRE & RECAPPING 3300 N. MCCARTY HOUSTON, TX 77029 STROUHAL TIRE & RECAPPING PLANT P.o. BOX 450619 HOUSTON, TX 77245 TREADCO INCORPORATION DBA WINGFOOT 1810 S. HWY 3 TIRE CENTER 6012 MURPHY 8T HOUSTON, TX 77033 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 PUBLISH DATES: AUGUST 26, 2001 SEPTEMBER 2,2001 e e c e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 24. 2001 Requested By: S. Gillett ~~ Appropriation Source of Funds: Various Department: Public Works Account Number: Various Report: X Resolution: Ordinance: Amount Budgeted: $325.653.00 Exhibits: Bid Tabulation & Bidders List Amount Requested: $304.732.00 Exhibits: Budgeted Item: YES Exhibits: SUMMARY & RECOMMENDATION Sealed bids #0839 - Heavy Trucks were opened and read on September 10,2001. Bid requests were mailed to nine (9) vendors with six (6) returning bids. Low bid meeting specifications for all items was submitted by Houston Freightliner as follows: LESS OPTIONAL ITEM ADD/REPLACE BID TRADE IN TOTAL BUDGETED 1. Rear Loading Refuse Truck Replace $92,211.00 ($12,500.00) $79,711.00 $ 96,678.00 2. 2 Y2 Ton Trash Truck Add $56,524.00 N/A $56,524.00 $ 58,599.00 3. 2 Y2 Ton Trash Truck wIPicker 1/1 $176.500.00 ($8.003.00) $168.497.00 $170.376.00 $325,235.00 ($20,503.00) $304,732.00 $325,653.00 Staff recommends award of bid as presented above to Houston Freightliner, low bidder meeting specifications. Staff additionally recommends accepting the optional trade in allowances as presented above. Action Reauired bv Council: Award bid for Heavy Trucks and acceptance of Optional Trade In Allowances to Houston Freightliner, low bidder meeting specifications as recommended by Staff. Approved for City Council Al!enda ~f.~ Robert T. Herrera, City Manager ~S"vt Date BID TABULATION BID # 0839 - HEAVY TRUCKS LONE STAR TRUCK CENTER INT'L TRUCK I RUSH TRUCK SALES OF CENTER HOUSTON BAYOU CITY FORD/ STERLING HOUSTON FREIGHT - LINER CROSSTOWN STERLING HOUSTON FREIGHT - LINER QTY DESCRIPTION e 103,450.00 $103,500.001 (12,500.00) ($4,500.00) 90,950.00 $99,000.00 Pak-Mor R325B Heil OFF 5000 $102,580.54 ($7,500.00) $95,080.54 leach 2-RI $91,926.00 ($7,500.00) $84,426.00 leach 2-RI $90,976.00 ($7,500.00) $83,476.00 leach 2-RI $92,211.00 $94,638.00 ($12,500.00) ($12,500.00) $79,711.00 $82,138.00 Pak-Mor R325B Pak-Mor R325B Rear Loading Refuse Truck less Optional Trade-in Allowance Item #1 Total Refuse Body Type & Model ~id 1) $60,999.00 $60,999.00 $71,845.00 $71,845.00 $66,899.70 $66,899.70 $76,215.00 $76,215.00 NOBIO NOBIO $56,524.00 $56,524.00 1 2-1/2 Ton Trash Truck 2) e $89,499.00 ($8,000.00) $170,998.00 $102,917.00 ($8,003.00) $197,831.00 $97,727.00 ($6,000.00) $189,454.00 $102,510.00 ($8,003.00) $197,017.00 NOBIO NOBIO $88,250.00 ($8,003.00) $168,497.00 2 Item #2 Total 2-1/2 Ton Trash Truck w/Plcker Less Optional Trade-in Allowance Item #3 Tota 3) e BAYOU CITY FORO. 3625 EASTEX FRWY HOUSTON, TX 77026 GULF STATE CRANE POBOX 55884 HOUSTON TX 77255 INDUSTRIAL DISPOSAL SUPPLY PO BOX 8623 HOUSTON, TX 77249 LONE STAR TRUCK CENTER PO BOX 21127 HOUSTON, TX 77226-1127 WASTE SYSTEMS EQUIPMENT PO BOX 40878 HOUSTON, TX 77240 CHAMBER OF COMMERCE PO BOX 996 LA PORTE, TX 77572-0996 e BIDDER'S LIST HEAVY TRUCKS SEALED BID #0839 DAVIS TRUCK & EQUIPMENT 5606 JENSEN DRIVE HOUSTON, TX 77026 HOUSTON FREIGHTLlNER 9550 NORTH LOOP EAST HOUSTON, TX 77029 HI-WAY EQUIPMENT PO BOX 14174 HOUSTON, TX 77221 INTERNATIONAL TRUCKS OF HOUSTON 8900 NORTH LOOP EAST HOUSTON, TX 77029 BA YSHORE SUN PUBLISH DATES: AUGUST 26, 2001 SEPTEMBER 2, 2001 e e D e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 24. 2001 Requested By: S. Gillett ~ II~ Department: Public Works Appropriation Source of Funds: Various Account Number: Various Report: X Resolution: Ordinance: Amount Budgeted: $338,865 Bid Tabulation and Bidders List Amount Requested: $288,268.00 Exhibits: Exhibits: Budgeted Item: YES Exhibits: SUMMARY & RECOMMENDATION Sealed bids were received on September 4, 2001 for new and replacement vehicles. Bids were sent to seven (7) vendors, with three (3) returning bids. Low bid for vehicles meeting specifications was submitted as follows: BIDDER ITEM ADDIREPLACE BID BUDGETED Philpott Ford 1) . (Five) Patrol Cars Replace $103,165.00 $128,040.00 Philpott Ford 2) - (Two) Sedan 1/1 $ 29,826.00 $35,000.00 Lawrence Marshall 3) - (Four) Yz Ton Pickup Replace $ 60,348.00 $59,084.00 Lawrence Marshall 4) - (One) 314 ton Crew Cab Additional $ 21,891.00 $ 27,800.00 Philpott Ford 5) - (One)1 3/4Ton Replace $ 20,569.00 $ 23,556.00 Lawrence Marshall 6) - (One) % Ton Chassis Replace $ 17,141.00 $ 30,385.00 Philpott Ford 7) - (Two) Yz Ton Extend Cab Replace $ 35.328.00 $35.000.00 TOTAL $288,268.00 $338,865.00 Action Required bv Council: Award bid for Items 1,25 & 7 to Philpott Ford in the amount of $188,888.00. Award bid for Items 3, 4 & 6 to Lawrence Marshall in the amount of $99,380.00. Approved for City Council A!!enda ~r,~ Ro e T. Herrera, City Manager &\'.1<6' 0\ Date e e BID TABULA TION BID # 0838 - VEHICLES PHILPOTT McREE LAWRENCE DESCRIPTION QTY FORD FORD INC MARSHALL 1) Patrol Cars 5 $20,633.00 $20,731.85 $21,440.00 Total $103,165.00 $103,659.25 $107,200.00 2) Intermediate 4 Door Sedan 2 $14,913.00 $15,022.85 $15,171.00 Total $29,826.00 $30,045.70 $30,342.00 3) 1/2 Ton Pickup - Supervisor's 4 $15,646.00 $15,899.25 $15,087.00 Total $62,584.00 $63,597.00 $60,348.00 4) 3/4 Ton Pickup - Crew, 4 Door 1 $21,993.00 $22,081.15 $21,891.00 Total $21,993.00 $22,081.15 $21,891.00 5) 3/4 Ton Cab & Chassis w/Utility Body 1 $20,569.00 $22,667.65 $21,682.00 Total $20,569.00 $22,667.65 $21,682.00 6) 3/4 Ton Cab & Chassis 1 $18,260.00 $18,512.15 $17,141.00 Total $18,260.00 $18,512.15 $17,141.00 OPTION 1/2 Ton Extended Cab Pickup 2 $17,664.00 $16,546.50 $18,192.00 Total $35,328.00 $33,093.00 $36,384.00 e LA PORTE FORD 621 HWY 146 SOUTH LA PORTE TX 77571 LES MARKS CHEVROLET PO BOX 1119 LA PORTE TX 77572-0119 ORANGE COUNTY FORD 1601 GREEN AVE ORANGE TX 77630 PHILPOTT FORD PO BOX 876 PORT NECHES TX 77651 CHAMBER OF COMMERCE PO BOX 996 LA PORTE TX 77572-0996 e BIDDER'S LIST SEALED BID #0838 VEHICLES LAWRENCE MARSHALL CHEVROLET PO BOX 983 HEMPSTEAD TX 77445 McREE FORD PO BOX 577 DICKINSON TX 77539 PAYTON WRIGHT 4400 WEST HWY 114 GRAPEVINE TX 76051 SA YSHORE SUN PUBLISH DATES: AUGUST 19, 2001 AUGUST 26, 2001 e e e e A - REQlsT FOR CITY COUNCIL A&DA ITEM Agenda Date Requested: September 10,2001 Appropriation Requested By: Alex Osmond Source of Funds: N/A Department: Administration Account Number: N/A Report:_ Resolution:_ Ordinance:....K....... Amount Budgeted: N/A Amount Requested: N/A Exhibits: Memo & Survey Budgeted Item: YES NO Exhibits: Proposed Rate Increase Exhibits: SUMMARY & RECOMMENDATION Attached is a memorandum and survey of area golf course fees prepared by Alex Osmond. The survey shows that rates at Bay Forest Golf Course are well below market price for our area competitors. The last rate adjustment was two years ago and only changed weekend fees. The last weekday price increase was in 1998 and Senior Green Fees have not changed since Bay Forest opened. The proposed increase is $2.00 for non-resident and a $100.00 increase for non-resident of Annual Fee. No increase is proposed for cart rental. This information will be reviewed in Workshop Session on September 10th and scheduled for Council Action on September 24th. The Ordinance as drafted would take effect on October 1,2001. Action ReQuired bv Council: Consider approval of Ordinance establishing a new rate and fee structure for Bay Forest Golf Course to be effective October 1, 2001. Approved for City Council A2enda Qol,J ~ Robert T. Herrera, City Manager q.\q.o\ Date e1rl8LC 0 q/fJ'I/U/ AN ORDINANCE AMENDING CHAPTER 50, ARTICLE II, "GOLF COURSE CHARGES, APPENDIX A - FEES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; ESTABLISHING A NEW RATE AND FEE STRUCTURE; CONTAINING A REPEALING CLAUSE; CONTAINING SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. '- e ORDINANCE NO. 01 - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The following portions of Section 50-31 and 50-32 (Appendix A - Fees) of the Code of Ordinances, are amended as follows: Green user fees (1) Weekday Fees a. Resident b. Non-Resident c. Twilight (2) Weekend fees a. Resident b. Non-Resident c. Twilight (3) Senior Fees (weekdays only excluding holidays before 11 :00 a.m.) a. Resident Senior Citizens b. Non-Resident Senior Citizens (d) User fees for annual membership holders (1) Residents (2) Resident Senior Citizens (3) Non-Residents "(c) 11.00 15.00 9.50 19.00 24.00 12.00 5.50 9.50 900.00 800.00 1,100.00" Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Govenunent Code; and that this meeting has been open to the public as required. Section 5. This Ordinance shall be in effect and in force on October 1,2001. PASSED AND APPROVED this the 24th day of September, 2001. CITY OF LA PORTE, TEXAS Norman Malone, Mayor APPROVED: Knox Askins, City Attorney ATTEST: Martha Gillett, City Secretary e e Bay Forest Golf Course Memo '10: Bob Herrera From: Alex Osmond ~ CC: John Joems Dae. 09113101 rB)~~~~\YJlCfR\ If\l SEP 1 3 2001 lW CITY MANAGER'S OFFICE ReI Bay Forest user fees. On the September 1cf' council meeting, we discussed user fees for the golf course. Staff recommended a $2.00 increase across the board. Council implied they didn't want to increase the resident fees. To help make a recommendation, we have retrievecI the 1999-2000 actual rounds of ., residents and non-residents. We cannot separate the twilight rounds because they are the same fee. You will notice the resident vs. non-residents is actually 17%, not 10% as previously disaJssed. I told counCll1 0% previously because of figures generated the last time I did a comparison. I have included data to support this. Before we make a final recommendation, I wanted you to review this infonnation so we can help council come to a decision. Please advise me as to how to approach the agenda summary and recommendation for the September 2411 meeting. 1 e e Projected effect of a $2 green fee and $100 member inrease Resident vs. Non-Resident 99-00 Non-Res Fees 99-00 Res Fees 99-00 Res Mems 99-00 Sr. Res Mems 99-00 Non-Res Mems - 26075 4605 11 4 44 X$2 X$2 X $100 X $100 X $100 - - 52150 9210 1100 400 $4,400 T otallncrease ncrease W/Out Res $67,260 $56.550 '(.00\ o Se~-r. ON ~Y1""~orJ~ J e - GOLF COURSE Non-Res Wlrdv Non-R.. Mend R.. Wlrdv Res Wlrend Non-Res Sr Res Sr Mon-Res TV/I Wlrd' Res TwI Wlrdy TwI Wlrend Calf 18 BATTLEGROUND $22.00 $31.00 $17.00 $25.00 $18.00 $13.00 $11.00 $11.00 $17.00 $22.00 BEACON LAKES $17.00 $24.00 $16.00 CLEAR LAKE $20.00 $27.00 $11.85 $15.00 $20.00 $28.00 EAGLE POINT $25.00 $37.00 $14.00 $15.00 $20.00 $24.00 EVERGREEN POINT $23.00 $32.00 $15.00 $19.00 $24.00 $20.00 BAY FOREST $13.00 $22.00 $11.00 .$19.00 $7.50 $5.50 $7.50 $7.50 $10.00 $20.00 Proposed $15.00 $24.00 $13.00 $21.00 $9.50 $7.50 $9.50 $9.50 $12.00 $20.00 - Annual Fees Actual Proposed $800 $900 $900 $1,000 $1,000 $1,100 Senior Resident Resident Non-Resident e e B e e REQUEST FOR CITY COUNCIL AGENDA ITEM Department: Appropriation Agenda Date Requested: Se Requested By: Source of Funds: NtA Account Number: NtA Report: Resolution: Ordinance: Amount Budgeted: Nt A Exhibits: Aerial Photo of Site Amount Requested: ~//\ Exhibits: Letter to Dan Marrouf, Tri-Star Aviation Budgeted Item: YES NO Exhibits: Letter from Rick Williams, Casual Caterinl! Exhibits: Letter to Rick Williams, Casual Catering SUMMARY & RECOMMENDATION Staff has been contacted by both Dan Marrouf, Tri-Star Aviation and Rick Williams, Casual Catering regarding the possibility of subleasing a portion of the Tri-Star Aviation lease to Casual Catering for a restaurant site. Tri-Star Aviation leases 11.12 Ac from the City for $.0345 sq. ft/year. This rate increases annually based on the Consumer Price Index (CPI). Casual Catering proposes to lease approximately (unknown) acres which includes a hanger which is the proposed restaurant site. ZoningiLand Use Issues Zoning for the airport property is Planned Unit Development (PUD) (as are most city facilities) which allows for flexibility ofland uses that could support the City's airport operations. If this were private property, the applicant would apply for a Special Conditional Use Permit which would be reviewed by the Planning & Zoning Commission and forwarded to City Council for consideration. However, the City is exempt from application of the zoning ordinance to City facilities, and Council could approve the proposed activity without review by the Planning & Zoning Commission. Lease Issues/Minimum Reauirements for Airoort Services The lease with Tri-Star Aviation specifically requires approval of any sublease and of any activity not specifically stated in the lease (restaurant is not covered in the lease). Similarly, the Standard Minimum Requirements for Aeronautical Services (Standards) requires the Owner to approve any activity and standards for aviation-related activity not covered by the Standards. Again, a restaurant is not specifically covered by the Standards. Casual Catering was informed of these requirements and their response is included in your package. Since Council must approve subleases and activities not covered by the lease or standards, staff felt that a workshop where Council could give consideration and direction would be appropriate. This would provide the applicant with a sense of direction prior to the expenses associated with additional due diligence and development of subleases, letters of consent, and any additional standards. Action Reauired bv Council: Provide direction to staff and applicant on the following: 1. Council's general approval or disapproval of the proposal (not a specific or fmal approval). This will signal the applicant to move forward with additional due diligence, the detailed effort of developing subleases, letters of consent, development of plans and specifications, etc. 2. Council's desire to have the Planning and Zoning Commission review the request and provide a land use recommendation. 3. Any additional standards for the proposed activity to be included in the owner's approval, if given (Le. levels of insurance, etc.) ~d for Sf ~uncil A~enda ~ .. -'tN\'" --" -- Robert T. Herrera, City Manager ~. ,~. 0 \ Date e City of La Porte Established 1892 September 4,2001 Mr. Dan Marrouf Tri-Star Aviation, Inc. 1 0615 West Main Street La Porte, Texas 77571 Re: Tri -Star Aviation Lease Proposed Sublease of Hanger Dear Mr. Marrouf: You have inquired about subleasing a portion of the Tri-Star Aviation, Inc. lease located along West Main Street for the purpose of operating a restaurant. The current lease agreement with the City of La Porte and the Standard Minimum Requirements for Aeronautical Services at the La Porte Municipal Airport both require the express written consent of the City to allow subleasing of your facility, as well as conducting a non- aviation related activity (restaurant). Attached are excerpts from the Tri-Star Lease Agreement and Standard Minimum Requirements that apply to this request. Complete copies of these documents can be obtained from the city's Airport Manager, Steve Gillett. Before the City of La Porte can evaluate your request, a letter must be submitted, ~<.q~~qt!!1.~ll~~t:h.'~~prppg~,~.diJ!. 91iyi.ty:,~ th~JIitQ.po. .~~e~hl~~~~:~m.:~.' "€C~c,t@)T;.J.im.. .p.r.iq:yement~.. tRjb~ / .. . '-.-.'''''' .,..~-I."'!I>I..""~'''''''',..-:<>i,,',,~,,....<..:).lt\I;'''''''''''''m'.'''t _._~. '~_, . _ ........'r't~.l;n ..'" ~'....(:" '::''': .,1_ , .' ~~f!~J9;~!P~J.:P,f9.E~~if Also, include~t~1~mJ~1),!~i9n~~~Ii~tLep;~e, fti1Mc.iila;;(}bUitY and . pr9R9~,~4)&&*M~~:cox~iageJoi'J;oiiductiiig;Jb~~,PI'"QPQ:s~.df19Jj,y~ty/(refer to Sections 16 and 17 of the Standard Minimum Requirements). Once this information is received we will schedule initial consideration by City Council. If Council approves of the concept and land use, you can then move forward with the more detailed effort of developing the sublease, letters of consent, standards for the proposed activity and any due diligence efforts on your part. Finally, any improvements must meet all local codes, ordinances, laws and regulations as well as applicable federal and state regulations. - Please note that City Council may ask the Planning and Zoning Commission to review and recommend the proposed land use. P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 e e Tri -Star Aviation Lease Proposed Sublease of Hanger Page 2 As a matter of courtesy, we wish to note that the lease expires on December 31, 2014 and the hanger proposed for the restaurant is located entirely outside the building restriction line, within Part 77 airspace. According to FAA regulations the Leasee is obligated to remove buildings within this zone at the end of the lease. c: Rick Williams, Casual Catering Robert T. Herrera, City Manager Steve Gillett, Director of Public Works Doug Kneupper, Director of Planning e e Excerpt from Tri-Star Aviation Lease Agreement - -6- ,.e Texas, without notice to the Lessee. Rentals more' than thirty (30) days past due may be subject ,to a service charge of one percent .(1%) per month, based on an annual rate of twelve percent (12%). 5. Without prejudice to any other remedy which otherwise might be used for arrears of rent or other breach of this Agreement, if th e Lessor is requ ired or it el ects to pay any sum or incurs any obligations or expense, by reason of a failure, neglect or refusal of the Lessee to perform anyone or more of the terms, conditions or covenants of this Agreement and Lease or as the result of any act or omission of Lessee contrary to said terms, conditions and covenants, the sum or sums so paid or the expense so incurred, including all inte- rest, costs, damages and penalties may be added to any in- stallment of rent thereafter due hereunder and each and every p'art of the same shall be and become additional rent recoverable by the Lessor in the same manner and with ,like remed i es as if it were orig inally a part of the rent as set forth hereinabove. ARTICLE IV - ACTIVITIES, USES, PRIVILEGES AND OBLIGATIONS OF THE LESSEE . 1. A Fixed Base Operation is defined as a commercial aviation activity conducted by a person, partnership, firm or corpora- tion engaged ,in the hangaring, 'maintenance, care and, opera- tion of aircraft for use by the public, and such other acti- vities as may be pertinent to such use.. This definition specifically includes all terms as set forth in Minimum Standards for Equipping & Operating A General Fixed Base Operation at the La Porte Minicipal Airport, made a part hereof by reference and attached as Exhibit "C". During the term of this Agreement and Lease, the Lessee agrees to use the' Leased Premises for the purposes or activiti.es stated above, subject to. the conditions generally or particu- larly set forth herein, and not to use or permit the use of the Leased Premises or any part thereof for any purposes or activities other than those specifically stated above without first obtaining the express, written approval of the Lessor. 3. Lessee agrees that the rights and privileges granted herein are non-exclusive except as to the Leased Premises which shall be for the exclusive use of the Lessee. 4. The Lessee agrees that the Lessor has the right to adopt and enforce reasonable rules and regulations and that it and all its employees, agents and servants will faithfully observe and comply with all rules and regulations as may from time . . " . e ... -8- ing or other structure on the airport which in the opinion of the Lessor would limit the usefulness of the Airport or constitute a hazard to aircraft. 6. During time of war or national emergency Lessor shall have the right to enter into an agreement with the United States Government for mili1:ary or naval use. of part or all of the landing area, the publicly-owned air navigation facilities and/or other areas. or facilities of the Airport. If' any such agreement is executed, the provisions of this instrument, insotar as they are inconsistent with the provisions of the agreement with th'e Government, shall be suspended. 7. This Agreement snaIl be subordiante to the provisions OL any outstanding agreement betwe~n Lessor and the United States relative to the maintenance, operation or development of the Airport. 8. It is understood and agreed that the rights granted by this Agreement will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the Airport. . 9. There is hereby reserved to the Lessor, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking~off from, or opera- ting on or about the Airport. ARTICLE VI - IMPROVEMENTS AND MAINTENANCE 1. Lessee agres that construction of all facilities,' improvements or appurtenances on or in connection with the Lease Premises is prohibited without the express written consent of the Lessor before commencement of sa,id construction. All facili- ties, improvements, or appurtenances proposed for construction shall comply with all dexisting applicable codes, ordinances, laws and regulations relating thereto. 2. Lessee agrees that T-Hangars constructed within the designated "T-Hangar Development Area" will be built in structures con- taining no fewer than ten (10) units each. . I I I " .e -15- Lessor for any 'period or periods after a default of any of the terms, covenants, and conditions. herein contained to be performed, kept and observed by the Lessee shall not be deemed a waiver of any rights of the Lessor to cancel this Agreement and Lease for failure by the Lessee to so perform, keep, or observe any of the terms of this ,Agreement and Lease to be kept, performed, and observed by the Lessee. ARTICLE X - ASSIGNMENT AND SUBLETTING 1. The .activities, uses, privileges and obligations authorized nerein are personal and the Lessee agrees that it will not assign, subcontract, sublet, or underlet the same or any portion thereof,. or ~ssign, sub-contract, sublet or underlet the Leased Premises or any portion thereof without the expres- sed consent of the Lessor in writing and .any. purported assignment or sub-contract in violation hereof shall be void. In no case, however, may the activities, uses, privi- leges and obligations authorized herein or the Leased Premises or any portion thereof be assigned,' sub-contracted, sublet, or underlet by the Lessee for any use other than herein specified. All provisions of this Agreement and Lease appli- cable to the Lessee hereunder shall be equally binding upon any party to which the activities, uses, privileges and obligations authorized herein, Leased Premises are assigned, sub-contracted, sublet or underlet. 2. The Lessor will not be unnecessarily arbi trary in granting said permission, but the Lessor shall be the sole judge as to the reliability, capability, character, and desirability of the parties involved. ARTICLE XI - HOLDING OVER 1. In the event the Lessee shall hold over and remain in posses- sion of the Leased Premises herein leased aft'er expiration of this Agreement 'and Lease without any written renewal thereof, such holding over shall not be deemed to operate as a renewal or extension of this Agreement and Lease but shall only create a tenancy from month to month which may be termi~ nated. at any time by the Lessor. ARTICLE XII - SUCCESSOR AND ASSIGNS BOUND BY COVENANTS 1. All covenants, stipulations and agreements in this Agreement and Lease shall extend to and bind the legal representatives, successors,. and assigns of the respective parties heretp. e e Excerpt from Standard Minimum Requirements for Aeronautical Services at La Porte Municipal Airport e I'~ ) e ( ,- .. - .~. '-~ ;/ The following standards shall apply to all Operators, in addition to the Rules and Regulations for the Operation of the La Porte Municipal Airport, as established by Ordinance No. 1660 of the City of La Porte. 1. Lease shall be for a term not less than five (5) and not more .than thirty (30) years, with other terms and conditions to be negotiated, commensurate with the Operator's financial investment in his facility. 2. Operator, or a supervisory employee, shall have had at least five (5) years experience in the aeronautical service it wishes to provide. Should an Operator not have such experience, but can demonstrate to the Owner's satisfaction that he has had equivalent related experience, such may be deemed acceptable. A statement of qualification shall accompany the Operator's letter of intent to the airport Owner. 3. Any Operator seeking to conduct aeronautical services at the airport must provide the Owner a letter setting forth the Operator's financial qualifications, to the Owner's satisfaction, from a financial institution doing business in the area, or other such source that may be readily verified through normal banking channels. The Operator must also demonstrate that it has the financial ability or backing, where applicable, for the construction of facilities that may be required for the proposed concept of operation. In addition, the Operator will provide proof of current financial net worth showing that applicant holds unencumbered liquid assets in a total amount at least equaling three (3) months estimated maintenance and operating expenses. 4. All Operators shall demonstrate to the Owner's satisfaction evidence of its ability to acquire insurance coverage as stipulated for each particular type of operation. The following shall be established as minimum coverage: Minimum Limits When. Needed . Worker's Compensation and Employer Liability Statutory Statutory · Aircraft Liability $500,000 each occurrence Owned or leased $100,000 each passenger aircraft . Non-owned Aircraft _$500,000 each occurrence Flying non-owned Liability $100,000 each passenger aircraft . Airport Premises $500,000 Airport 4 e 'e Property Damage, including Vehicular 5. Aircraft maintenance performed by the Club shall be limited to only that maintenance that does not require an FAA certificated mechanic. All other maintenance must be provided by an operator based on the airport who provides such service, or by an FAA certified mechanic who shall not receive remuneration in any manner for such service. 6. If the club desires to operate its own storage facility, it must comply with all requirements as set forth in Section 7. SECTION 16. Operators Subleasing from Another Commercial Operator 1. Prior to finalizing an agreement, the lessee and sublessee shall obtain written approval of the Owner for the business proposed. Said sublease shall define the type of business and service to be offered by the sublessee Operator. 2. The sublessee Operator shall meet all of the minimum standards established by the Owner for the categories of services to be furnished by the Operator. The minimum standards- may be met in combination between lessee and sublessee. The sublease agreement shall specifically define those services to be provided by the les~ee to the sublessee that shall be used to meet the standards. 17. Other Aviation-Related Operator 1. Any operator wishing to conduct an aviation-related activity not covered by these Standards will submit a detailed request, in writing, describing the activity to be conducted, the proposed lease area, and any improvements to be made to the property. 2. The Owner will exami'ne the request and determine the appropriate standards for that activity, following ,as closely as possible standards for the activity that most closely matches the proposed activity. 3. The, Owner reserves the right to determine the appropriateness of the activity, :applicable standards to be applied, and minimum lease area, and required improvements. 4. Nothing in this standard requires the Owner to approve of the proposed acti vi ty, and Owner reserves the rig.ht to deny the application: SECTION 18. Environmental 21 e e Rixsters Hanger 10615% West Main La Porte, TX 77571 September 4, 200 1 Mr. JohnJoems City of La Porte P. O. Box 1115 La Porte, TX 77572-1115 Dear Mr. Joerns, I.' Weare wanting to open a restaurant in one of the airport hangers that you are currently leasing to Tri-Star Aviation. The name of the proposed restaurant will be Rixsters Hanger. It will be located at 10615 ~ West Main Street. We hope to have a unique opportunity to increase the air traffic arriving in La Porte and will give the pilots a reason to stay. Our intent is to capture both the vehicle traffic as well as the air traffic. Our restaurant will have a family atmosphere and will specialize in seafood, such as boiled crawfish, shrimp, crabs. In addition, we will have fried shrimp, oysters, catfish, stuffed shrimp. We will also have barbecue, hamburgers, sandwiches, with daily lunch specials and numerous appetizers including stuffed jalapenos with crabmeat. The restaurant will have 40 tables with seating up to approximately 160 at one time. The hours will be from 11:00 a.ro. to 9:00 p.m., daily. The proposed improvements to the restaurant would be to modify ,the plumbing and electrical. We will install approximately 17 tons of air conditioning and heating. A commercial kitchen will be installed. We have already received a preliminary approval with the Harris County Health Department. We also plan to paint the buildin& repair the parking lot, and landscape the property. Currently, we have a catering business, which is called '~Casual Catering". We are considering this adventure as an expansion of our business. Some of our customers include: Solvay Polymers, E. I. DuPont, Dow, and Exxon chemical e e Page Two Rixsters plants, various apartment complexes, corporate parties, as well as individual parties. We have general liability insurance coverage as required to cater in any chemical plant. Our intent is to capture the local crowds that don't want to wait an hom or more just to get a table. We have a unique situation in that customers will have the ability to sit and watch the air traffic from the back of the restaurant. The property out back is approximately 125 acres. You can also see the Baytown Bridge and the San Jacinto Monument. In addition, we want to help the city of La Porte by generating more revenue and by having people stop at our establishment :pefore going to Seabrook or Kemah. Rixsters will have an easv access to and from Underwood as well as .- Sens Road. It will also be easily accessible for the airplane traffic. Please contact either Rick or Sherrie Williams at (281) 411-7332 with any questions or comments you may have. Thank you for your cooperation. Sincerely, ~~~ Sherrie Williams e e City of La Porte Established 1892 September 18,2001 Via Facsimile No. (281) 471-7332 Mr. Rick Williams Casual Catering 616 North Shady Lane La Porte, Texas 77571 Re: Tri-Star Aviation Lease Proposed Sublease of Hanger Dear Mr. Williams: I am in receipt of your letter dated September 4, 2001. This letter will be forwarded to City Council for their information. However, I request you provide additional information requested in my letter to Dan Marouff regarding the proposed sublease. You will need to provide the following information prior to September 20 to be included in the package to City Council. ~ Proposed term of lease ~ Square footage of area proposed to be leased ~ FinanciarstablHty (which will be kept confidential) ~ Proposed insurance coverage for conducting the activity If you should have any questions regarding this matter, please contact Steve Gillett, Director of Public Works. c: .IXm Marrouf, Tri-Star Aviation, Inc. ./Robert T. Herrera, City Manager Steve Gillett, Director of Public Works Doug Kneupper, Director of Planning ( " P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 e e . ~ .~ l 'I I ,It ~.. ~ " ..,' .. .. 0\ '~-..... . e BACK UP PROVIDED IN NUMBER 18 e e ,. \. ORDINANCE NO. 01 - ! oS '1 ..~ AN ORDINANCE AMENDING CHAPTER SO, ARTICLE II, "GOLF COURSE CHARGES, APPENDIX A - FEES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; ESTABLISHING A NEW RATE AND FEE STRUCTURE; CONTAINING A REPEALING .CLAUSE; CONTAINING SEVERABILITY CLAUSE; .FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECfIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The following portions of Section 50-31 and 50-32 (Appendix A - Fees) of the Code of Ordinances, are amended as follows: "(c) Green user fees (1) Weekday Fees a. Resident b. Non-Resident c. Twilight (2) Weekend fees a. Resident b. Non-Resident c. Twilight (3) Senior Fees (weekdays only excluding holidays before 11 :00 a.m) a. Resident Senior Citizens b. Non-Resident Senior Citizens (d) User fees for annual membership holders (1) Residents (2) Resident Senior Citizens (3) Non-Residents 13.00 15.00 9.50 . . 21.00 24.00 12.00 7.50 9.50 1000.00 900.00 1,100.00" Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 3. If any section, sentence, phrase, claUse, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required. Section 5. This Ordinance shall be in effect and in force on November 1,2001. PASSED AND APPROVED this the 8th day of October 2001. ~tJ.Jffi~)lJjjlt~/ Martha Gillett, City Secretary . e ORDINANCE NO. 01 . AN ORDINANCE AMENDING CHAPTER 50, ARTICLE II, "GOLF COURSE CHARGES, APPENDIX A ~ FEES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; ESTABLISHING A NEW RATE AND FEE STRUCTURE; CONTAINING A REPEALING. CLAUSE; CONTAINING SEVERABILITY CLAUSE; .FINDING COMPLlAJ.'fCE 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 following portions of Section 50-31 and 50-32 (Appendix A - Fees) of the Code of Ordinances, are amended as follows: "(c) Green user fees (4) Weekday Fees a. Resident b. Non-Resident c. Twilight ( 5) Weekend fees a. Resident b. Non-Resident c. Twilight (6) Senior Fees (weekdays only excluding holidays before 11 :00 a.m.) a. Resident Senior Citizens b. Non-Resident Senior Citizens (d) User fees for annual membership holders (1) Residents (2) Resident Senior Citizens (3) Non-Residents 11.00 15.00 9.50 . . 19.00 24.00 12.00 5.50 9.50 900.00 800.00 1,100.00" Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 3. If any section, sentence, phrase, claUse, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required. Section 5. This Ordinance shall be in effect and in force on November 1,2001. PASSED AND APPROVED this the 8th day of October 2001. CITY OF LA PORTE, TEXAS Norman Malone, Mayor APPROVED: Knox Askins, City Attorney AITEST: Martha Gillett, City Secretary e - Bay Forest Golf Course Memo ,. Bob Henera . ...... Alex 0Imcnd \)lI CC: Jcm Jaems ..... 09113101 . . .. Bay Forest U8e1'feee. On the Sep1ember 10" council meeting, we disCllSSed user fees for the golf course. Staff recommended a $2.00 increase across the board. Council impfled they didn't want 1D inaease the resident fees. To help make a recommendation, we have retrieved the 1999-2000 actual rounds of :, residents and non-residenls. We cannot separate the twilight rounds because they are the same fee. You 'Nil notice the resident vs. non-residenIs is acbally 170.4, not 100A, as previaJsly disaJssed. 1 told coundl1 0% previously because of figures generated the last time I did a comparison. I have induded data 1D support this. Before we make a final recommendation, I wanted you 1D review this inbmation so we can help council come 10 a decisia1. Please advise me as to how to approadl the agenda summary and recommendation b' 1he Sepfemb.er 24" meeting. 1 e e ~ I Projected effect of a $2 green fee and $100 member inm8se Resident vs. Non-Resident 99--00 Non-Res Fees 99-00 Res Fees 99-00 Res Mems 99-00 Sr. Res Mems 99-00 Non-Res Mems - 26075 4605 11 4 44 X$2 X$2 X $100 X $100 X $100 - - - 52150 9210 1100 400 $4,400 Total Increase Increase W/Out Res $67,260 $56,550 . . e . . GOLF COURSE Non-R.. Wlrdv Non-R.. WJrend R.. WJrdv R.. Wlrend Non-R.. Sf Rea Sf !Jon-R.. Twl Wlrdt Rea TwI Wlrdv TwI Mend Cart l' BAlTLEGROUND $22.00 $31.00 $17.00 $25.00 $18.00 $13.00 $11.00 $11.00 $17.00 $22.00 IliACON LAKES $17.00 $24.00 $16.00 CLEAR LAKE $20.00 $27.00 $11.85 $15.00 $20.00 $28.00 EAGLI! POINT $25.00 $37.00 $14.00 $15.00 $20.00 $24.00 EVERGREEN POINT $23.00 $32.00 $15.00 $19.00 $24.00 $20.00 BAY FOREST $13.00 $22.00 $11.00 .$19.00 . $7.50 $5.50 $7.50 $7.50 $10.00 $20.00 Proposed $15.00 $24.00 $13.00 $21.00 $9.50 $7.50 $9.50 $9.50 $12.00 $20.00 - " Annual Fees Actual Proposed $800 $900 $900 $1,000 $1.000 $1,100 Senior Resident Resident Non-Resident .-e e II':! (:IlU~(:tiILL VLA(:~ PROPERTY A1l1ENITlES .:. Fully Fenced .:. Gated .:. Lush Landscaping .:. Vegetable &: Garden Growing areasfor Tenants .:. Park areas w"th Benches .:. Walking Path .:. Shuffleboard Court .:. Horseshoe Court .:. Fountains .:. Clubhouse - Including: o Designer Furnished Clubroom o B"g Screen TV with Surround Sound o Dining Room/Card Room (available for parties) o Fully-Equipped Kitchen o Library/Business Center including: · Computer, Fax Machine &: Copier o Activity Room HOME FEATURES .:. Full-Size Kitchens including: 0 Frost-Free Refrigerator 0 Dishwasher 0 Oven/Range 0 Disposal ~ 0 Spacious Cabinets 0 Pantries .:. Full-Size Washer &: Dryer in each unit .:. Built-in Air Conditioning .:. Ceiling fall in each bedroom .:. French Door opens to private covered patio .:. Mini-Blinds .:. Large walk-in closets .:. Extra storage closet .:. Nine...,Foot Ceilings .:. Designer Decor .:.. Separate Dining Area with Bay Window .:. Covered Front Porch .:. Light and bright -lots of windows .... .... ,e e r; ~I CtiU~CtiILL VUC~ Opening Rents TIi~ LUI,..t;TV,.. One Bedroom/ One Bath 683 s.F. * 733 s.F. * induding storage and covered patios S 487.00 . . 50% Income Qualified 18 of the Lexington plan are available TIi~ t:4MI3~II)t;r: Two Bedroom / One Bath 792 s.F. * 862 s.F. * including storage and covered patios S 581.00 50% Income Qualified 18 of the Cambridge plan are available TIl~ I)~TMf)IJTIi Two Bedroom / Two Bo.th 903 s.F. * 973 S.F. * including storage and covered patios 25 Units are available at 60% Income QlUJiijied . S 713.00 11 Units are available at Market Rate S 799.00 e Ult!"t.:t::..::.::........... !!L '.:- .. I ;.. .~ E "ffi-~ I. ~_ V~ F'.... .:w ""~ f.oiM,..;.4l.'l..llt; "'....,- ,\:_.-.-,10:-- ........ ......., ',..~~.c:r=re-.":;::.: ~"'i:X. rT<'.OP~!:D: Ell.oAlnwr 0.22 Al',RES . 1111 t'4.I/A (Ie) FOUR-P\..fX EiUILD/N65 (12 DU) (1.1 (,LJIl3H(~r:,f: ('lq) PARKINlS SPACES (4) AGa:SS16l.E PARKIN6 SPAGES (t<.) e.!E~.T ?,-",",r.:!NI? SP!.t;.F;':'. (J) AGC.I3S/6LE 6IJEST PARKINe> SPACE CHURCHILL PLttCE SENIOR APA.RTMENTS ARCHlTECTURAL SITE PLAN EUl Al{CHlTECTURE, me. 3731 Briarpark Dr, Suite 300 C:;:.ISWlI, TX 77OtI2-52% Phone: (713) 789-0395 w,^'W.EDlarchitecture.com T1!X.\S . CALIl'ORNIA' l'iL'W YORK.. ANGOLA Ci.:APARRAL GROUP, iNC. I.APORTE, TX Sep",e'riO~r .2.;..~ ::-c : 1":;380' C'.JFlolJ"t(&')\o."""~ lDlArctlilac""'e.1IIC. All ,,","" R......~ - - --.,"-., ~ ~ Chapa~1 Gro':~' 01086 SEPT. 25, 2001 3/32" .. 1'-0' COPYRIGH'" @EDIARCHITECTUJl.", !tIC. 2000-2001 ALL RIGHTS RESER'!: ,}. Place ED! ARCHITECTURE, :.NC. 3731 EriarparkDr, Suite 300 Houston, TX 17042-5296 Phon,,: (713) 789-0395 wwv/.EDlarchitectllre.cOm TEXA,. CAI.IFORHl\ .IJ1!W YORK 'AR..l<ANSAS .ANGOLA C" . -. t,., "]'"C"'.' ~ .~E :- ~ t 1 L t ---~~-"... - -_.~ ACTIVITY 15'-0" x 2;3'-4 L [i j' j~ .I~ !3 ..;~ :.' ~:1 MEc.H.~.NIC,a..L BB e CLUBHOUSE FLOOR PLi-o Chaparral Grot' 01086 SEPT. 25, 2001 J/32" .. 1'.0" ARE}, = 28e1 !Sf (rn15 W..Lla5 ne !ll<IGK Vl:NEl:R I MEGIW 10.. ROOM) I 6REl\ i ROOM 21'-4" :< 21'-0" I I "" "- "- "- .- KIT. ... CIJI'OI.A AT ".'XlI' HA!..L ~, PALL ,....:AHAGER'S OFfk:::= fOYER. USRi-\R'Y'1 !2'-5' lC 10'-4' C<?MP,,'TEfii. i ~ ~ , PORTI: c.oc.fJJ:RE ~ I IC I \ 1 L- IC I t_ i I I I i COPYR1GtIT@EDI'.RCH1TECTIJRE, :~1C. 2OC.c-2001 ALL RiGHTS RESERVED. DINlN6/ CArtD5 '''I'-e' l( 16'-4' r~~r I,-r ; I I I I' , I . J I l;__.,_ !f''''''''~ I;; ! j' t , i~ ~, ~: I'! L: Place ., . ED! lG::IIITECTURE, r:-:-TC. 3731 ;'riarpark Dr, Suite 3(;0 Ht~,'~;:on, TX 77042-5296 PJ:;;:,c;,(713).789-0395 WW'.. ..,~,.'Iurchlt~-cture.com TEX..I.S' G ^.tl!'C' F,', ':':EW YOP.':: . ARl(ANS'.S . ,\IWOLA ~"~1r "J" --,""i ... Churchi e e -:::;:::J _'M. ':J ="'''--, {;i-i .1. _. 11 ;;:];;. H.-...i.j !;:.~..n -'.--i :"';J 2A RIGHT ELEV A.TION BUILDING TY'i'E 3 ~ ~. ChurchiH Place -. _"'aparral Group '086 -,,~tember 25, 2001 . /3- a 11.0. :: .,..,..,tlC)...... -. . .Vthlltch."'.. ku:. .11:19h'. Raor...cI ':GOLA EDI P._'~CHITECTURE, "\T. 37~ ~ Briarpark Dr, Suite 30r: Hnuston, TX 77042-5296 :":onc: (713) 789-0395 w-.'w.EDlarchitecturc.com 1'E)~AS.CALr: ~ ~KiA..NEWYORK.ARK.AN!;.t. :1. e e C.H '-,~ ~.I.G. THE LEXINGTON Unit Pll1n M 1A (683 sf) . -- Chaparral ~roup 01086 S~ptember 25,2001 3/16- _ JI_:;:- CDPJrithI C>,""p.~1 __ tal AfddtaGh.ll"r:" '"Co U RIoIa's Re=-t:>".d EDT :'\.RCHITECTURE, me. 3731 Briarpark Dr, Suite 300 Houston, TX 77042-5296 Phone: (713) 789-0395 www.EDlarchitecturc.con, "SA' IfOJUnA.NEWYOP.K..ARKA.~SAS .ANC.oU .~~ h"l ~ ;"H If.''r TI .. -:.! t..-::'tl. "Ioor!. _ .. _ _6_____... .~ e IRIS I! . IIII'~: V'~'I/' I~' I J. .V. : q . JLil \~': 'v!/ 01 Ii II! ! 11 ! Ii ! ij ! :. !: M. BBJROOlvj Dj. 1I'~8" x"()'-IO" 'I _J -:-----i I I CL., i ! .-, - ---1 i .' i PORCH GONC-. FL"l 10'-0' l< IO'_;~" "::; I / -_.~ . .---E .._-'.- ::'==::::..-c NG 12'-10" _._- I :< I j 'THE CAMBRIDGE Unit Pt;m 28 (792 sf) Olapaml Group 01086 Seplember 25,2001 3!16" - J'..()" Cory""'@'",,, -. [DI "rChllllChJflf. IIlc. ... ~1O Rc-~........ '~OLA LnurchPI Place -.-..--. ED! ARCHITECTURE, . 3731 Briarpark Dr, Suite 3<'.. Houston, TX 77042-52S~ Phone: (713) 789-0395 www.ED!architecture.col7'. TEXAS.CI\L!FOP.NIA"'(EWYOR'(o,'.RKJJ:". . . it 2R 2S o M.6::DRootvr -0 11'-8" "( 11'-8" THE DARTMOUTH Unit Plan - 2A (903 sf) C,L PORGI GONe. FL~, ~ II! N -. o - BEDROOM 11'-1" x 11'-4" I ~ Chaparral Group 01086 September 25, 2001 3/16" - 1'-0" Cop~I@""'" "- toe ArChIl.lur., inc. AII~I.R_ Place A. .._ 'I~ E~~iI ARGIITECTURE, INC. ;;~~ 3731 Briarpark Dr, Suite 300 ';~ Houst'm, TX 77042-5296 ;~~, Phone: (713) 789-0395 . ':1~ www.EDIarchitccturc.com _ 11!XAS.CALIFORNlf .NEWYr.~K .ARKANSAS .ANGOLA Church' ---