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HomeMy WebLinkAbout2001-11-12 Regular Meeting e e e e MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL NOVEMBER 12, 2001 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 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 Norman Malone. Members of Council Absent: None Members of City Executive Staff and City Employees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, City Secretary Martha Gillett, Assistant Director of Finance Mike Dolby, Director of Administrative Services Carol Buttler, Public Works Director Steve Gillett, Planning Director Doug Kneupper, Police Chief Richard Reff, Director of Emergency Services Joe Sease, Human Resources Manager Lorie Doughty, Assistant City Secretary Sharon Harris, Budget! Investment Officer Shelley Wolny, Assistant Director of Public Works Buddy Jacobs, Finance Secretary Gay Collins, and Director of Finance Cynthia Alexander Others Present: Debbie Barnes, Susan Barnes, Walter Barnes, Betty Barnes, Spero Pomonis, Jean Young, Bill Scott and a number of citizens. 2. Reverend Bobbye Worsham of Second Baptist Church delivered the invocation. 3. Council considered approving the minutes of the Regular Meeting on October 22,2001. Motion was made by Councilperson Engelken to approve the minutes of the Regular Meeting on October 22.2001 as presented. Second by Councilperson Warren. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS COUNCIL The following citizens addressed City Council. Bill Scott of 1802 Lomax School Road, La Porte, Texas 77571, again questioned why the City of La Porte pays more for legal services than other cities. He thanked the two council members who are looking into this matter. e e City Council Minutes 11-12-01- Page 2 5. PRESENTATIONS A. City Manager Robert Herrera and Public Works Director Steve Gillett presented Walter Barnes with a watch and recognized his recent retirement. B. City Manager Robert Herrera presented Director of Finance Cynthia Alexander, Assistant Director of Finance Michael Dolby, Budget Investment Officer Shelley Wolny and Finance Secretary Gay Collins with the GFOA Distinguished Budget Award. 6. Council considered approving a resolution certifying a ballot for the Board of Directors for Harris County Appraisal District. Mayor Malone presented summary and recommendation and answered Council's questions. Motion was made by Councilperson Clarke to approve Resolution 2001-15 as presented by Mayor Malone. Second by Councilperson Porter. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 7. Council considered approving a resolution authorizing the City Manager to execute a grant agreement to continue participation in the Harris County Organized Crime and Narcotic Task Force. Chief Reff presented summary and recommendation and answered Council's questions. City Attorney Knox Askins read: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT APPLICATION FOR THE HARRIS COUNTY ORGANZIED CRIME AND NARCOTICS TASK FORCE TO THE OFFICE OF THE GOVERNOR, CRIMINAL ruSTICE DIVISION, LAW ENFORCEMENT PROGRAMS IN THE AMOUNT OF $3,640,481. Motion was made bv Councilperson Engelken to approve Resolution 2001-17 as presented by Chief Reff. Second by Council person Ebow. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None e e City Council Minutes 11-12-01- Page 3 8. Council considered approving a resolution approving the purchase of tax resale properties by the City of La Porte. Financial Director Cynthia Alexander presented summary and recommendation and answered Council's questions. City Attorney read: WHEREAS THE CITY OF LA PORTE (CITY), IN THE COURSE OF ITS FUNCTION AS A TAXING ENTITY IN THE STATE OF TEXAS OBTAINS TITLE TO REAL PROPERTY IN THE CAPACITY AS TRUSTEE FOR ITSELF AND OTHER TAXING UNITS THAT TAX THE PROPERTY. WHEREAS IT IS NECESSARY FOR VARIOUS REASONS THAT SOME OF THE PROPERTY SO OBTAINED MUST BE RESOLD BY THE TAXING UNITS FOR LESS THAN THE AGGREAGA TE AMOUNTS OF TAXES, PENALTIES, INTEREST AND COSTS. WHEREAS, THE CITY HAS ADOPTED PROCEDURES DESIGNED TO PROVIDE ALL PARTIES THE OPPORTUNITY TO SUBMIT OFFERS TO PURCHASE SUCH REAL PROPERTY AND TO SECURE THE BEST OFFER FOR SUCH PROPERTY THAT IS SUFFICIENT TO PAY AT LEAST THE COSTS OF SUIT AND SALE OF SUCH PROPERTY. WHEREAS, IT IS DESIRABLE THAT RESALE OF THE PROPERTY BE FREE AND CLEAR OF ALL CLAIMS OF THE TAXING UNITS, FOR ALL TAXES, PENAL TIES INTEREST AND COSTS THAT HAVE ACCRUED UP TO THE DATE OF SALE. Motion was made by Councilperson Griffiths to approve Resolution 2001-17 as presented bv Ms. Alexander. Second by Councilperson Young. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 9. Council considered approving a resolution authorizing the acquisition of a tract of land for public park purposes. City Manager Robert Herrera presented summary and recommendation and answered Council's questions. This item will be discussed further during the Executive Session. City Attorney read: A RESOLUTION AUTHORIZING THE ACQUISITION OF A TRACT OF LAND FOR PUBLIC PARK PURPOSES IN THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Porter to approve Resolution 2001-18 as presented by Mr. Herrera. 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 11-12-01- Page 4 10. Council considered approving a resolution declaring intention to reimburse certain expenditures with borrowing proceeds. Public Works Director Steve Gillett presented summary and recommendation and answered Council's questions. City Attorney read: THE PURPOSE OF THE RESOLUTION IS TO LEAVE THE CITY WITH THE OPTION OF REIMBURSING ITSELF FOR EXPENSES INCURRED PRIOR TO ISSUANCE OF BONDS ON THE ABOVE MENTIONED PROJECT. AT THE TIME THE BONDS ARE SOLD, THE CITY CAN DECIDE WHETHER TO REIMBURSE ITSELF OR NOT. Motion was made by Councilperson Clarke to approve Resolution 2001-19 as presented by Mr. Gillett. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 11. Council considered approving an ordinance authorizing the City Manager to execute an amendment to the agreement with Camp Dresser & McKee, Inc., in the amount of $408,354 - (Ord. 2001-2525). Public Works Director Steve Gillett presented summary and recommendation and answered Council's questions. City Attorney read: AN ORDINANCE APPROVING AND AUTHORIZING CONTRACT AMENDMENT NO.1 FOR PROFESSIONAL DESIGN SERVICES, BETWEEN THE CITY OF LA PORTE AND CAMP DRESSER & MCKEE, INC., ENGINEERS, DATED JANUARY 22,2001, APPROPRIATING NOT TO EXCEED $408,354.00, TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Porter to approve Ordinance 2001-2525 as presented by Mr. Gillett. Second by Councilperson Young. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 12. Council to consider approval or other action regarding an ordinance authorizing the conveyance of Lots 8-11, both inclusive, Block 88, Town of La Porte, Harris County, Texas, to La Porte Chapter, Bay Area Habitat for Humanity. e tit City Council Minutes 11-12-01- Page 5 Council to consider approval or other action regarding an ordinance authorizing the conveyance of Lot 12, Block 88, Town of La Porte, Harris County, Texas, to Paul Larson. Assistant City Manager John Joerns presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2001-2526 - AN ORDINANCE APPROVING AND AUTHORIZING THE CONVEYANCE OF LOTS 8 THROUGH 11, BOTH INCLUSIVE, BLOCK 88, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. City Attorney read: ORDINANCE 2001-2527 - AN ORDINANCE APPROVING AND AUTHORIZING THE SALE AND CONVEYANCE OF LOTS 12, BLOCK 88, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO D. PAUL LARSON; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Ebow to approve Ordinance 2001-2526 and Ordinance 2001-2527 as presented by Mr. Joerns. Second by Councilperson Porter. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 13. Council considered approval or other action regarding an ordinance authorizing the City Manger to execute a contract with Borco of Texas, Inc. in the amount of $172,685.60 and further authorize $9,000.00 (5%) contingency for the Fairmont Parkway 12 inch waterline. Director of Planning Doug Kneupper presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2001-2528 -AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BORCO OF TEXAS, INC. FOR THE FAIRMONT PARKWAY 12 INCH WATERLINE PROJECT; APPROPRIATING $181,685.60 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. e e City Council Minutes 11-12-01- Page 6 Motion was made by Councilperson Engelken to approve Ordinance 2001-2528 as presented by Mr. Kneupper. Second by Councilperson Young. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 14. Council considered approval or other action regarding an ordinance calling for consideration of a general obligation bond election to be held February 2, 2002. Director of Finance Cynthia Alexander presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2001-2529 - AN ORDINANCE APPROVING AND AUTHORIZING CONSIDERATION OF A GENERAL OBLIGATION BOND ELECTION TO BE HELD ON FEBRUARY 2, 2002. Motion was made by Councilperson Young to approve Ordinance 2001-2529 as presented by Ms. Alexander. Second by Councilperson Clarke. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 15. Council considered a consent agenda as follows: A. Consider authorizing the Police Department to purchase the Report Writer software for the laptop system from HTE with grant funding - R. Reff. B. Consider authorizing the Emergency Services Department to purchase two software packages form Sweet Computer Services for EMS billing - J. Sease. Police Chief Reff and Director of Emergency Services Joe Sease recommend approval of these items. Motion was made by Councilperson Griffiths to approve the Consent Agenda as presented by Chief Reff and Mr. Sease. Second by Councilperson Clarke. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None e e City Council Minutes 11-12-01- Page 7 16. Administrative Reports - R. Herrera City Manager Robert Herrera reminded council ofthe Redistricting Meeting on Tuesday, November 27,2001 at 6:30 p.m.; the Texas Municipal League Conference on November 28 through 30, 2001; the National League of Cities Conference on December 4 through 8, 2001; the Main Street Stroll on December 6,2001 from 6:30 until 8:00 p.m.; the Council Meeting on December 10,2001 at 6:00 p.m. 17. Councilpersons Porter, Griffiths, Ebow, Engelken, Sutherland, Clarke, Young, and Warren and Mayor Malone brought items to Council's attention. 18. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.086, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. 551.071 (Potential Litigation) Meet with City Manager and City Attorney to discuss potential litigation. B. 551.072 (Land Acquisition) Meet with City Manager and City Attorney to discuss land acquisition. Council retired into Executive Session at 7:02 p.m. Council returned to the table at 8: 17 p.m. 19. There was no action taken. 20. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:20 PM. Respectfully submitted, cm~~ Martha Gillett City Secretary Passed and approved on this the 10th day of December 2001. 4:~ffne$/~ e e e e Harris County Appraisal District Interoffice Memorandum OFFICE OF CHIEF APPRAISER TO: PRESIDING OFFICERS OF TAXING UNITS SERVED BY THE HARRIS COUNTY APPRAISAL DISTRICT FROM: JIM ROBINSON, CHIEF APPRAISER f"~ SUBJECT: ELECTION OF BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT DATE: OCTOBER 18,2001 The nomination period for board candidates representing the small cities, school districts, and conservation & reclamation districts closed October 15, 2001. The names of all candidates officially nominated to me on or before that date are reflected on the enclosed "Certification of Ballot" forms. Candidates for contested positions are listed alphabetically on the ballot in the manner required by the Texas Tax. Code. To assist yo~ in the election procedure, I have enclosed a Certification of Ballot and a suggested form of resolution for casting your vote for the candidate representing your type of taxing unit. Ballot forms for all three types of units are enclosed to make you aware of all nominees, even though only taxing units of a particular type may vote in the election applicable to that type of unit. The governing body of each taxing unit is entitled to one vote for the candidate of its choice from the names appearing on the appropriate Certification of Ballot. By November 15, 2001, each governing body must cast its vote for one of the nominees, formally adopt a resolution naming the person for whom it votes, and submit a certified copy to the chief appraiser. The vote must be by resolution. The resolution, or a certified copy thereof, together with the completed Certification of Ballot, must be delivered to Jim Robinson, Chief Appraiser, 2800 North Loop West, Houston, Texas 77092, or mailed to P. O. Box 920975, Houston, Texas 77292-0975 to arrive before Saturday, December 1, 2001. The outside of the envelope should be marked "Ballot for Board of Directors." On Tuesday, December 4, 2001, the chief appraiser will count the votes, declare the results, and notify the winners, the nominees, and the presiding officers of each taxing unit. A tie vote will be resolved by a method of chance chosen by the chief appraiser. e e Presiding Officers, October 18, 2001 Page 2 These procedures do not apply to Hanis County, the City of Houston, or the Houston Independent School District. Those units will select their board member by adopting a resolution appointing such member by December 1, 2001, and delivering an original or certified copy to the Office of Chief Appraiser. If you have questions about the board selection process, please call me at 713/957-5291. Attachments c: HCAD Board Members Tax Assessors Attorneys e e RECEIVED Gel 2 3 2001 CITY SECRETARY'S OFFICE H~ rris County Appraisal District Interoffice Memorandum To: Presiding Officers of Taxing Units Served by the Harris County Appraisal District From: Jim Robinson, Chief Appraiser p t... ' _ Re: Election of Appraisal District Directors CORRECTION TO OCTOBER 18 MEMO Date: October 22, 2001 Our October 18 memo regarding election of the appraisal district's board of directors inadvertently contained an error stating that the governing boards of the suburban school districts, cities, and conservation and reclamation districts must cast their votes by November 15. V otes for candidates representing school districts, cities, and conservation and reclamation districts may actually be cast at any time between now and November 30. However, as noted in the October 18 memo, the vote must be by resolution and the resolution, or a certified copy thereof, together with the completed Certification of Ballot must be delivered to be to arrive in my office before December 1. 2001. Please contact It1y office at 713-957-5291 if you have questions. e e J.tJOI-/5 (For Use by Cities Other Than the City of Houston) CERTIFICATION OF BALLOT FOR BOARD OF DIRECTORS HARRIS COUNTY APPRAISAL DISTRICT I,Jd O( miYN mD--~on{ --.N Dv J ,2001, the City Council of the City of J tL Po n t did by resolution cast its ballot for the following nominee to serve as a member of the Board of Directors of the Harris County Appraisal District: , certify that on the I ~-11--' day of (Place an "X" in the square next to the candidate of your choice.) Bill Harry f)4 I further certify that a true and correct copy of the resolution casting such ballot is attached hereto. WITNESS MY HAND this / ~4- day of AJo()GrJLfe/ (ht~~~~ Ma r , 2001. ArrEST: '-1J1~ d. j/4/L!/ e e e e Agenda Date Requested: November 12 2001 ./ Appropriation Requested By: Source of Funds: (}~f Department: Polke Account Number: Report: Resolution: x Ordinance: Amount Budgeted: Amount Requested: Budgeted Item: YES NO Exhibits: Exhibits: Exhibits: SUMMARY & RECOMMENDATION The La Porte Police Department has been a member of the multi- jurisdictional Harris Coooty Organized Crime and Narcotic Task Force since it became a Texas Narcotic Control Program since 1990. This Task Force is funded yearly by grant funds issued by the Texas Narcotic Control Program. The Task Force is applying for a $3,640,481.00 grant for the next grant year, which is Jooe 2002 to May 2003. The City of La Porte as a participant in this grant assigns a Sergeant and an Investigator to work at the Task Force. The grant provides for funding of 75 percent of the officers assigned officer's salaries ($102,988.00) and requires only a match from the city of La Porte for 25 percent remaining of those officers' salaries ($34,329.00). The Task Force has proven to be an affective tool in coordinating enforcement activities against narcotic trafficking. Additionally, they provide personnel and technical support to the La Porte Police Departments narcotic investigations. Action Reauired bv Council: Request authorization for the City Manager to sign the resolution and grant agreement to continue participation in the HCOCNTF. Approved for City Council Aeenda ~T.~ Robert T. Herrera, City Manager ll"'D~-ol Date e e RESOLUTION a ([)(()/- / tr WHEREAS, The La Porte City Council finds it in the best interest of the citizens of La Porte that the Harris County Organized Crime and Narcotics Task Force be operated for the 13th year; and WHEREAS, La Porte City Council has considered the proposed application for State and Federal Assistance for said project, in the amount of $3,640,481 to be submitted to the Office of the Governor, Criminal Justice Division, and WHEREAS, La Porte will receive a maximum of $102,988 in Criminal Justice Division funds for its portion of manpower assigned to said project, and WHEREAS, La Porte City Council has agreed to provide matching funds for the said project in the amount of $34,329, as required by the grant application, and WHEREAS, La Porte City Council has agreed that in the event of loss or misuse of the $102,988 in Criminal Justice Division funds, La Porte City Council assures that the funds will be returned to the Criminal Justice Division in full. NOW THEREFORE, BE IT RESOLVED that La Porte City Council approves submission of the grant application for the Harris County Organized Crime and Narcotics Task Force to the Office of the Governor, Criminal Justice Division, Law Enforcement Programs in the amount of $3,640,481. ~~? i\ orized Official Passed and Approved this 1l!!::. day of 100 ~ ;too! cjJb()~) C/. ~ . City / ounty Clerk e e INTERLOCAL AGREEMENT HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE GRANT THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This Interlocal Agreement (lithe Agreement") is entered into between the City of Bay town, a municipal corporation situated in Harris County, Texas (" Bay town") , and the City of La Porte ("La Porte"), a municipal corporation situated in Harris County, Texas pursuant to the Interlocal Cooperation Act, Tex. Gov't Code Ann. 99791.001 -791.014 (Vernon 1994). WITNESSETH WHEREAS, Bay town , through its Police Department, (liB PO"), has applied for a grant from the Criminal Justice Division, Office of the Governor, State of Texas, in the amount of $3,640,481, entitled "Harris County Organized Crime and Narcotics Task Force Grant" ("the Grant"); WHEREAS, the target geographic area of such Grant includes both incorporated and unincorporated areas of Harris and Ft. Bend Counties; WHEREAS, the Bay town Police Department, the La Porte Police Department ("L.P.P.D.") and representati~es of nine (9) other law enforcement agencies in the target geographic area have combined their resources to form the Harris County Organized Crime and Narcotics Task Force ("the Force"); WHEREAS, Bay town and La Porte have agreed to contribute a total of $1,213,494 in matching funds for purposes of the grant; WHEREAS, the grant funds, in part, will be expended to pay personnel costs, costs of equipment and supplies, and operation expenses as set out in Exhibit "A" to be used in the investigation, prosecution and prevention of organized and narcotics related crime; WHEREAS, Bay town and La Porte believe it is in their best interest to enter into this Agreement to carry out the Grant program; and, WHEREAS, Bay town and La Porte agree to abide by all pertinent federal, state and local laws and regulations; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: e e ARTICLE I. Purpose 1.01 The purpose of this Agreement is to provide for the responsibilities of Bay town and La Porte as members of the Force in regards to the investigation, prosecution and prevention of organized and narcotics related crime. ARTICLE II. 2.01 The Agreement shall be deemed to be effective on June 1, 2002, and shall terminate on the Grant expiration date (including renewals) or on the termination date of any extension thereof granted by the Criminal Justice Division, Office of the Governor, State of Texas, hereinafter referred to as the "CJD", whichever is later. It is the intent of Bay town and La Porte that this Agreement remains in effect for the entire term of the Grant, including renewals. Bay town and La Porte acknowledge that Bay town must apply each year for continuation of this Project and that the Grant can be discontinued at any time by CJD. Should the Grant be terminated or not renewed by CJD for any reason, Bay town and La Porte agree to terminate this Agreement on the date the Grant is terminated by CJD. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body of Bay town or are otherwise not available for any reasons whatsoever in any fiscal period to meet cash match requirements or any other obligation agreed to under this Agreement. this Agreement shall terminate on the last day of the fiscal period for which sufficient funds were appropriated. Written notification of such non-appropriation will be delivered to La Porte within thirty (30) days after its occurrence. ARTICLE III. 3.01 As consideration for La Porte's performance under this Agreement, Bay town agrees to reimburse La Porte for seventy-five percent (75%) of the personnel expenses for L.P.P.D. employee(s) as provided in Exhibit "An, attached hereto and incorporated herein for all intents and purposes, for each grant year this Agreement remains effective. In no event shall Bay town's obligation to pay La Porte personnel expenses for services provided hereunder by the L.P.P.D. personnel exceed $137,317 annually, except as provided under Article 3.04 hereof. Release of any funds hereunder is subject to the approval of CJD. Bay town and La Porte acknowledge that the amounts provided in Exhibit "An may change as Bay town's application for renewal of grant funding in future years is reviewed by CJD or if additional funding is made available to Bay town. 3.02 Payments for reimbursable personnel and other expenses shall be made monthly upon presentation of the L.P.P.Do's statement of expenses incurred and in accordance with Exhibit "An 3.03 La Porte will be paid on the basis of monthly-itemized invoices submitted by La Porte and approved by Bay town showing the services performed and the attendant fee. Bay town shall 2 e e make payment to La Porte within thirty (30) days of the receipt by Bay town of such invoices. If any items in any invoices submitted La Porte are disputed by Bay town for any reason, including lack of supporting documentation, Bay town shall temporarily delete the disputed item and pay the remaining amount of the invoice. Bay town shall promptly notify La Porte of the dispute and request clarification and/or remedial action. After any dispute shall have been settled La Porte shall include the disputed amount on a subsequent regularly scheduled invoice or on a special invoice for the disputed item only. The decision of Bay town regarding all disputes involving La Porte shall be final. 3.04 Bay town and La Porte acknowledge that Bay town may receive additional Grant funds with which it may pay La Porte personnel expenses for services provided hereunder in subsequent years by L.P.P.D. personnel assigned to the Force over and above that amount provided in Article 3.01 hereof and on "Exhibit An hereto. No warranties or representations are being made by Bay town as to whether such additional funds will be available, nor that Bay town will apply for such funds. It is further acknowledged that any additional application for Grant funds and award of funds for use in payment of L.P.P.D. services may require a cash match by La Porte. Upon Bay town's notification to La Porte of the amount of the cash match required, La Porte shall either pay the match or terminate this Agreement. ARTICLE IV 4.01 The equipment, hardware and other non-expendable items used during performance under this Agreement may be owned by Bay town , La Porte, other members of the Force, or purchased with Grant Funds. Upon termination of this Agreement, ownership and possession of equipment, hardware and other non-expendable items will revert to the respective owner. All parties partigipating in the Force may donate property to the Force for its participants' use from time-to- time during performance of this Agreement, and it is understood that the respective owner will retain ownership of such property unless otherwise agreed in writing. Possession of any equipment, hardware or other non-expendable item purchased with Grant funds will revert to Bay town upon termination of this Agreement, unless otherwise approved by CJD and agreed in writing. 4.02 It is acknowledged and agreed that L.P.P.D. personnel may use BPD-owned and leased automobiles. Such use is authorized by this Agreement and no other permission will be required or deemed necessary. It is further agreed that the owner of such vehicles shall maintain in full force and effect all necessary insurance as provided herein and that such coverage shall extend to any and all members of the Force. 4.03 La Porte acknowledges and agrees that all property seized by any participants in the Force while performing in accordance herein or as a member of or on behalf of the Force shall belong to BPD for use by the Force. La Porte waives all rights to any such property and to any proceeds 3 e e derived therefrom and agrees to execute any document or record and to assist in any manner to establish such ownership in BPO. ARTICLE V. Scope of Services 5.01 La Porte agrees to perform those services provided in Exhibit "B" attached hereto and incorporated herein for all intents and purposes. 5.02 La Porte warrants that: (a) Services performed by L.P.P.D. assigned to the Grant program and any property acquired by Grant funds or owned by Bay town and delivered to La Porte for their use, hereinafter "Property", are directly and exclusively devoted to the Grant program and that the amounts paid for personnel expenses are not in excess of La Porte's actual cost of same. (b) Bay town will be notified of the location of all Property placed in La Porte's possession or under its control and that such Property will not be removed from such location without the expressed written permission of BPO. (c) L.P.P.D. personnel assigned to the Grant program are not receiving dual compensation from La Porte and Bay town for the same services performed under the terms of this Agreement. (d) La Porte will cooperated with CJO, its agents, representatives and employees and any other State of Texas agency in regards to any audit, investigation or inquiry concerning the Grant. (e) All performance hereunder shall conform to the professional standards prevailing in Harris County, Texas, with respect to the scope, quality, due diligence and care of the services and products of the type to be provided hereunder. 5.03 La Porte agrees to comply with the regulations, policies, guidelines and requirements provided in the Grant, and OMB Circulars No. A-122, A-110, A-102 and A-8? as they relate to the Agreement and use of Federal Funds. 5.04 Bay town and La Porte agree that L.P.P.D. personnel assigned to work with the Force shall at all times be and remain employees of La Porte. 5.05 La Porte agrees that L.P.P.D. personnel assigned to the Grant program will be subject to the disciplinary rules, operating procedures and professional standards of L.P.P.D., and are also subject to the disciplinary rules, operating procedures and professional standards of the Force. Where there is conflict between the disciplinary rules, operating procedures or professional standards of L.P.P.D. and the Force, the respective disciplinary rules, operating procedures and professional standards of L.P.P.D. will control. 4 e e ARTICLE VI. I nformation/Data 6.01 La Porte shall keep all materials to be prepared hereunder and all Bay town data it receives in strictest confidence, excluding those documents and records filed in the courts or otherwise classified as "public record". La Porte shall not divulge such information except as approved in writing by Bay town or as otherwise required by law. 6.02 La Porte, except as otherwise required by law, shall make no announcement or release of information concerning this Agreement until such release has been submitted to and approved in writing by Bay town and CJD. When issuing statements, press releases, producing printed materials, audio visuals and other documents describing or related to the Grant program, such material shall clearly state that funding for the grant project was provided to the City of Bay town through a grant from the Criminal Justice Division, Office of the Governor, State of Texas. Any such publicity shall be in a form approved by CJD, Bay town and in accordance with State law. 6.03 Bay town shall have the right to perform, or cause to be perform, (1) audits of the books and records of La Porte pertaining to La Porte's performance under this Agreement, and (2) inspections of all places where work is undertaken in connection with this Agreement. La Porte shall be required to keep such books and records available for such purpose to ensure the availability, usability and safety of such records. The locations of such records shall be disclosed to Bay town upon request. Such records cannot be destroyed unless agreed in writing by Bay town and CJD. 6.04 La Porte agrees to make all data, reports, books, papers, documents and all other information in any form, electronically produced or otherwise, that were prepared, collected or assembled during perf?rmance of this Agreement, concerning, derived from or as a result of the Grant, available to Bay town , through any authorized representative, within a reasonable time upon request. ARTICLE VII. Insurance and Release of Liabilitv 7.01 Insurance (a) Tort Claims - Bay town and La Porte as state political subdivisions, are governed by the Texas Tort Claims Act, Chapter 101.001 et seq., Civil Practices and Remedies Code, which sets forth certain limitations and restrictions of the types of liability and the types of insurance coverage that can be required of state agencies. Bay town and La Porte 5 e e warrant and represent to each other that they are self-insured or commercially insured for all claims falling within the Tort Claims Act. (b) Each party to this Agreement agrees that it shall have no liability whatsoever for the actions or omissions of an individual employed by another party, regardless of where the individual's actions occurred. Each party is solely responsible for the actions and/or omissions of its employees and officers. 8.01 To the extent required by law, La Porte shall comply with all applicable laws, standards, orders and regulations regarding equal employment which are applicable to La Porte's performance of this Agreement, including Executive Order No. 11246, as amended, and 41 C.F.R., which are incorporated herein by reference. ARTICLE IX. Amendments 9.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. ARTICLE X. Leqal Constructions 10.01 In case anyone or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE XI. Entire Aqreement 11.01 This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. 6 e ~~ City Manager (JUf tDn,rr Gary S Ith City Clerk <:R~ \. ~~ Authorized Official c.j'r1 ()j 1/rOv () I litLt611 Attest e CITY OF SA YTOWN, TEXAS APPROVED: ~em be,( &D,~r Date . '1R.12emfJlj ~/j{;o( Date . City of La Porte, TEXAS APPROVED: lL-11. .6\ Date J 1- /j - D J Date 7 e e EXHIBIT "A" HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE Start Date: 06/01/2002 End Date: 05/31/2003 Title Wood, Michael Williamson, John Salary & Frinqe Benefits $ $ TOTAL: $ La Porte Match 73,327 63,990 137,317 $ 18,332 $ 15,998 $ 34,329 8 e e EXHIBIT "B" SCOPE OF SERVICES Example: La Porte Police Department- One (1) Serqeant and One (1) Investiqator La Porte Police Department personnel assigned to the Task Force will identify, document and exhaust all valuable leads on targeted cases relating to narcotics and organized crime, using surveillance techniques and informant leads when necessary. Cases resulting in an arrest will be properly documented and coordinated (as deemed necessary) with the investigator who sought the original indictment. Records will be maintained showing the disposition of each case assigned including follow-up tracking of each suspect arrested in an effort to gauge the success of the programs. 9 e e Texas Narcotics Control Program EQUAL EMPLOYMENT PROGRAM CERTIFICATION For Applicant Agencies that employ over 50 or more people I, Robert T. Herrera certify that: This agency employs 50 or more (Name of Authorized Official) people and has received or applied to the Criminal Justice Division, Office of the Governor for total funds in excess of $25,000; therefore, the City of La Porte has formulated an equal employment program (Applicant Agency) in accordance with 28 CFR 42.301 et seq., Subpart E and that is on file in the office of: Lode Doughty (Name) 604 E. Fairmont Parkway, La Porte, Tx (Address) Human Resource Manager (Title) for review or audit by an official of the Criminal Justice Division, Office of the Governor as required by relevant laws and regulations. PROJECf TITLE: HARRIS COUNTY ORGANIZED CRIME & NARCOTICS TASK FORCE QJ~ -r: ~ Mayor, City of La Porte (Signature) ~~- ect Director Signature) Date I 2 ,. 20 _0 I Date \\..I~'O\ Page 39 e e . e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 12 2001 Appropriation Requested By: Cynthia Alexander, Director of Financ Source of Funds: 036 Department: FINANCE/TAX Account Number: 5014 Report: Resolution: :xx Ordinance: Amount Budgeted: $30.000 Exhibits: Amount Requested: $13.800 Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The La Porte Tax Office is Trustee for the City of La Porte, the La Porte Independent School District and Harris County for several tax properties where title to the property has reverted to the taxing entities because the previous property owner did not pay taxes on the property, they were offered for public bid via a "Sheriffs Sale" and no one purchased them. The La Porte Tax Office actively markets these resale properties. When a bid is received that is greater than either the amount due on the property or the HCAD appraised value, the Tax Office is able to complete the sale. If a bid is received that is less than either the amount due or the HCAD appraised value, then the sale requires the approval of all three taxing entities. Tonight, we are bringing five lots before you for your consideration. In this case, the bid amount is equal to the appraised value. We are recommending the City Council approve all the purchase of these five lots by the City. Offer from the City of La Porte for Lots 8-12 Block 88 Town of La Porte Bid Amount Appraised Value Approximate Amount Due $13,800 $13,800 $18,860 Bid Amount is 100% of the Appraised Value. All five of the lots were presented to the Finance/Audit Committee for their approval. They agreed with staffs recommendation for purchase by the City. Action Required by Council: Approve or disapprove Resolution approving the purchase of tax resale properties by the City of La Porte. Auuroyed for City Council A2enda Q~~~ \. ~~~'<~ Robert T. Herrera, City Manager \l-~-()\ Date e e RESOLUTION 2001-/7 RESOLUTION AUTHORIZING THE RESALE OF CERTAIN PROPERTY TO CITY OF LA PORTE WHEREAS the City of La Porte (City), in the course of its function as a taxing entity in the State of Texas, obtains title to real property in the capacity as Trustee for itself and other taxing units that tax the property; and WHEREAS it is necessary for various reasons that some of the property so obtained must be resold by the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and WHEREAS the City has adopted procedures designed to provide all parties the opportunity to submit offers to purchase such real property and to secure the best offer for such property that is sufficient to pay at least the costs of suit and sale of such property; and WHEREAS it is desirable that resale of the property be free and clear of all claims of the taxing units, for all taxes, penalties interest and costs that have accrued up to the date of resale BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, Section 1. That the City of La Porte, as Trustee, resell the real property described in the attached Exhibit "A", for the amounts set for on said Exhibit "A", in full satisfaction of taxes, penalties, interest and costs that have accrued on the property up to the date of sale. Section 2. That the City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the offices of City of La Porte for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AN'O APPROVED this the 12th day of November 2001. ATTES1!J. dJikltM Marth Gillett, City Secretary APPROVED: Knox Askins, City Attorney e e EXHIBIT A TAX RESALE PROPERTY TO BE SOLD TO CITY OF LA PORTE FOR A TOTAL AMOUNT OF $13,800 (THIRTEEN THOUSAND EIGHT HUNDRED DOLLARS). TRACT 1: LOT 8-12. BLOCK 88, TOWN OF LA PORTE, ACCORDING TO THE MAP OR PLAT RECORDED IN TH~ MAP RECORDS OF HARRIS COUNTY, TEXAS. e -- THE STATE OF TEXAS COUNTY OF HARRIS 9 9 9 TAX RESALE DEED KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE; for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF HARRIS, acting by and through its duly elected officials ("GRANTOR") as authorized by Section 34.05, Texas Property Tax Code, for and in consideration ofthe sum ofTEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by the City of La Porte ("GRANTEE") the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said grantee all right, title and interest of the CITY OF LA PORTE,TRUSTEE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 1998-29654, styled City of La Porte, La Porte Independent School District, the San Jacinto Community College District, and Harris County vs. James H. Griffin, and in Cause No. 1998-29654, styled City of La Porte, La Porte Independent School District, the San Jacinto Community College District, and Harris County vs. William H. Thompson, said property being described as: LOTS 8,9, 10, 11 & 12, BLOCK 88, TOWN OF LA PORTE, AN ADDITION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 58, PAGE 462 (LOT 8)AND VOLUME 138, PAGE 595 (LOTS 9-12), MAP RECORDS OF HARRIS COUNTY, TEXAS, TAX ACCOUNTS 023-208-088-0009 & 023-208-088-0008 AND COMMONLY DESCRIBED AS 418, 414 AND 410 NORTH FOURTH STREET, LAPORTE, TEXAS 77571. This'conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said CITY OF LA PORTE, its heirs and assigns forever, so that neither the LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS or any person claiming under it or them shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. 1 e e This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have accrued until the date hereof. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, and the..$b,ATE OF TEXAS, COUNTY OF HARRIS has caused. these presents to be executed this /'3"/-- day of fJ ove m ~f( 2001. . CITY -OF LA PORTE, TRUSTEE""" ~~ln~ NORMAN MALONE, MAYOR THE STATE OF TEXAS My Commission Expires: f) -1v'L...;lt.:xJ (' COUNTY OF HARRIS ~ ~ ~ BEFORE ME, the undersigned authority, on this day personally appeared Norman Malone, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, and with the conditions and the limitations therein stated. I JJ1 . GWEN UNDER MY HAND AND SEAL OF OFFICE this ~ day of JlOU.efln 6.e ( ,2001. 1!JlWt)lirc~rft!e' STATE OF TEXAS My Commission Expires: ct ~ ~J. J. 00 ~ After Recording Return To: City of La Porte P. O. Box 1849 La Porte, Texas 77572-1849 1111111/11111111111111'111111"'111'1""11'11111'" *~~ MARTHA GILLETT~.: ~ . ;, NOTARY PUBLIC :: ~.. STATE OF TEX,L\$ :: 011\+1 Camm. 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' ;:'121- "N"" _ - !31 '~go_ ~_ _ _ ~'I ~lj_____~ ~l8_ _ _ _ _ ~ ~17 126 ~ ~6 te -------- !31_____!1 "8.t:':t. ~I ~--t@!r-,!'l ~9 ~ -------- ~.9_____~ ~1 ~ ~ -2- - - - , _ \L _ - - _>~I ~~_ _ ___!ll ~~ _ _ _ _ _ !l !l1.?_____~ !316 '2~ ~ ~ r----~ ~! ------ ~ N' ------ ~ _& _ _ 111 ,_~~ _.!ll ~EQ~--~ ) om IA ~ - ~~ - -:1 .._st___~ ~_9___; ~-----~ ~-----~ 125 ~ e Scale 1" = 200 PUBLICATION DATE: AUIIU.117, 2001 . ... .e ~ N ~ '" ~ '" ~cn N 0'1 MA +>- o 0'1 E- r.J r.J 0:: E- Ul o :z. C\I :I: E- o:: o :z. ~ '" E- r.J r.J 0:: E- Ul o 0:: ('") :I: E- o:: o :z. i2s ~ ~32 529- - - ~31--Offi5 ~ ~~0...M:r4- _ !l! ~29 12" ~ an 5 1 ~ ~~6.-oo':l~ - ;;, ~27 125 NJ ~26 517 ~I ~ - '-0022- - -;;, ~ 25 126 "'I ~~4.liJl- - ~I l!l23 ". l!l, 509 l!l !lg~-0020 - j l!l21 "" ~~0-88l9- - :: l!l19 "" l!ll .18'211 ~~~ l!l17 -q~7 l!l' E- r.J r.J 0:: E- Ul :I: E- "<I' :I: E- o:: o :z. MPROVED) L ~2~ _ _ _~ :? --QOlJI- - : a 1~6 ~ E- ru ru 0:: E- Ul :I: E- ll) :I: Eo< 0:: o :z. 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'" ~~==~ ~ g5_ _G!:J _ _ ~ t__2~__!3 ~-----~ ~-----; ~-----~ :5 ~ :~====1 ~R r'\,~' 32 12~ ~ ~( = = = = ~ ~- - - - - ~ ~9_ _ _ _ _ ~ 26 ~ i7----~ 26 5- - - ~ ;.~ %;,- - ~l ~1 125 ~ ------- .?_----~ :3 ~ ------- ~-----~ ~====~ 1_____~ 6254C12 ij2_~~__~ ~~1_ _ _ _ _ ~ ~~o_ _ _ _ _ ~ ~g9_-<!O~5- _ ~ ~g6_ _ _ _ _ ; ~27 125 ~ ~26 30~) _ ~ ~ ~ '2 -~ - - ~ ~l~--~ 4 126 ~ 2 ..M&- - ~ 6 125 N ~-~ TYLER STREET ~1..() ~ ~~ ~~-----~ ie4 ~ -------- "5 ~ ':"_ -0003- - ~ ~6 ~ -------- WEST 32~~ 31- ~~1- - ~ 30 ~ giJ!l; ~ !: ?!L 125 ~ ".., ~ ~] ~ e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date R~quested: November 12.2001 Appropriation Requested By: Rohert T Herrera Source of Funds: Department: Administration Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: Resolution 2001- Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The enclosed resolution is similar to other resolutions passed by the City when we are pursuing certain land acquisitions. This resolution authorizes Knox Askins, City Attorney to represent La Porte in the acquisition of Block 1151; Lots 1-16, Town of La Porte for public park purposes. It further provides that in the event, the owners and the City cannot agree on fair market value, the City Attorney is authorized to initiate eminent domain proceedings to acquire the properties. Secondly, this resolution will be filed for record at the Harris County Courthouse. This information will be picked up by future title searches and therefore alert any potential buyers that the City intends to acquire these properties for this project. This resolution allows the City to move forward with condemnation if deemed necessary. We would, of course, inform Council of any recommendations to initiate eminent domain proceedings. Action Required bv Council: Consider approval of a resolution authorizing the acquisition of a tract of land for public park purposes and authorizing Knox Askins, City Attorney, to represent the City of La Porte in the acquisition of the described property for park purposes. Approved for City Council Af!enda ~MT.~ Robert T. Herrera, City Manager J(,O~"Dt Date e e RESOLUTION NO. 2001-~ A RESOLUTION AUTHORIZING THE ACQUISITION OF A TRACT OF LAND FOR PUBLIC PARK PURPOSES IN THE CITY OF LA PORTE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the city of La Porte has found and determined that public necessity requires the acquisition of a tract of land for public park purposes on the hereinafter described real property in the City of La Porte, Harris County, Texas; and WHEREAS, the City Council of the city of La Porte has found and determined that the tract of land hereinafter described is suitable and needed for public park purposes, and that it is necessary to acquire same for public park purposes; and WHEREAS, the City Council of the City of La Porte deems it advisable to authorize, and does hereby authorize, Knox W. Askins, City Attorney of the city of La Porte, or his designated representative, to represent the city of La Porte in the acquisition of the hereinafter described property; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. That the said Knox W. Askins, as City Attorney for the City of La Porte, or his designated representative, be and he is hereby authorized to negotiate with the owners of the hereinafter described land, concerning the acquisition by the city of La Porte, of the tract of land for public park purposes, located in Harris County, Texas, said tract of land being more particularly described as follows, to-wit: Lots 1 through 16, both inclusive, in Block 1151, of Town of La Porte, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 57, Page 320, of the Deed Records of Harris County, Texas; . e e at the fair market value for same, and should said City Attorney, or his designated representative, as the duly authorized representative of the City of La Porte, be unable to agree with such owners as to the fair market value of such tract of land, then, and in that event, said attorney be, and he is hereby authorized and directed to file against all owners and lienholders, proceedings in eminent domain to acquire the above described property, for public park purposes. 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 Codej 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 t~ereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this 12th day of November, 2001. CITY OF LA PORTE BY'~ orm L. M one, Mayor 2 e e ATTEST: ~tk1/JtL Ct. /iiLttl Mart a A. Gillett City Secretary ~~ x W. Askins City Attorney e e _:)'"o.\-\ }o...J ::;S:o,," ~ I-J ~ ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE, TEXAS 77572-1218 KNOX W. ASKINS .JOHN D. ARMSTRONG TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 CHARLES R. HUBER. .JR. BOARD CERTtf"IEO . CIVIL TRIAL LAW TEXAS BOARD OF LEGAL. SPECIALIZATION November ;L 1oJ~@~~\n~ W~52~~ ASST. Clll M,.\N,;\GER OFFICE CLARK T. ASKINS Mr. And olf, Realtor operties est Main Street Porte, TX 77571 Re: Lots 1-16, Block 1151, Town of La Porte Harris County, Texas. Dear Mr. Rolf: I represent the City of La Porte as its City Attorney. The City of La Porte has determined that it requires the acquisition of the above described real property in the City of La Porte, for public park purposes. I enclose a copy of an appraisal letter from John E. Fox, SRPA, SRA, Real Estate Appraiser of Houston, Texas, who has appraised the property at $27,500.00. I have been authorized by the City of La Porte to make a cash offer of $27,500.00 to the owner of the property. I have obtained a title commitment, copy of which is enclosed, from American Title Company in Deer Park, Texas, Ms. Lucy Dover, Escrow Officer, which shows legal title in Phillip Smith and wife, Ethel Mae Smith. It is my understanding that Phillip Smith, also known as King Phillip Smith, is deceased, and that his will left the property to his wife. I am having the title company update the title commitment. Please present this offer to Ms. Ethel Mae Smith, through Mr. Bill Glaw, Realtor in League City, Texas, with whom I understand she has an exclusive listing on the property. This offer is subject to final title approval by American Title Company, of marketable title, with no liens or encumbrances. The seller would be responsible for real estate commissions under her listing agreement, and for usual seller title company expenses. Taxes would be prorated to date of closing. The City of La Porte would require a General Warranty Deed from the seller. Thank you for your kind assistance in this matter. e A.INS & ARMSTRONG. P. C. ATTORNEYS AT LAW Andy Rolf November 5, 2001 Page 2 KWA: sw Enclosures cc: M~John Joerns ~~~istant City Manager City of La Porte e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Department: Public Works Appropriation Agenda Date Requested: Requested By: S. Gillett Source of Funds: N/A Account Number: N/A Report: Resolution: XX Ordinance: Amount Budgeted: Exhibits: Resolution Amount Requested: N/A Exhibits: Budgeted Item: Exhibits: SUMMARY & RECOMMENDATION The Little Cedar Bayou Solids Handling Project, at the City's wastewater treatment plant, is a proposed bond project in the upcoming election. The federal Internal Revenue Code and State Law permit the City the option of reimbursing itself for pre-bond issuance expenses if a resolution declaring this intention is passed. The attached resolution meets this requirement. The purpose of the attached resolution is to leave the City with the option of reimbursing itself for expenses incurred prior to issuance of bonds on the above mentioned project. At the time the bonds are sold, the City can decide whether to reimburse itself or not. Action Required bv Council: Approve resolution declaring intention to reimburse certain expenditures with borrowing proceeds. Approved for City Council Al!enda ~~~ Robert T. Herrera, City Manager ll,,~.ol Date e - RESOLUTION NO.a&e:JI- J q RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS WHEREAS, the City of La Porte, Texas (the "Issuer") desires to pay expenditures in connection with the design, planning, acquisition, construction, equipping, and/or renovating the project or facilities described as the Little Cedar Bayou Wastewater Treatment Plant Sludge Handling Facilities Improvements project (the "Project"). WHEREAS, Article 717k-6, Vernon's Texas Civil Statutes, as amended ("Article 717k-6"), permits the Issuer to use the proceeds of obligations to reimburse the Issuer for costs attributable to the Project paid or incurred before the date of issuance of such obligations; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the objectives of the Issuer's programs and, as such, chooses to declare its intention, in accordance with the provisions of Section I.I50-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS THAT: Section I. This Resolution declares the intent of the Issuer to reimburse the expenditures for the Project with the proceed of obligations. The Issuer presently intends to reimburse the expenditure by incurring obligations issued under Texas law, the interest on which is excludable from gross income under Section 103 of the Internal Revenue Code of 1986, as amended. Section 2. The Issuer reasonably expects to incur debt, in one or more series of obligations, in an aggregate maximum principal amount now expected to be equal to $3,500,000 for the purpose of paying the costs of the Project. Section 3. The Issuer intends to reimburse the expenditures hereunder not later than 18 months after the date of the original expenditure is paid or the date the Project is placed in service or abandoned, but in no event more than three years after the original expenditure is paid unless the Project is a construction project for which the Issuer and a licensed architect or engineer have certified that at least five years are necessary to complete the Project in which event the maximum reimbursement period is five years after the date of the original expenditute. Section 4. The Issuer intends that this Resolution satisfy the official intent requirement set forth in Section 1.150-2 of the Treasury Regulations and evidences its intentions under Article 717k-6. Section 5. This resolution shall be liberally construed to evidence the intent of the Issuer to comply with state law and federal income tax law in the issuance of tax-exempt obligations for the Project. PASSED AND APPROVED this the Ith day of November 2001. CITY-OF LA PORTE, TEXAS ~~;r ;W~L.<. A TrEST Norman Malone, Mayor 1!1.- (J. limn City ecretary e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November ~ 2001 Requested By: s. GUlett ~ Department: Public Works Appropriation Source of Funds: Utility CIP Fund Account Number: Report: Resolution: Ordinance: xx Amount Budgeted: $400,000.00 Exhibits: Ordinance Amount Requested: $408,354.00 Exhibits: Enl?:ineerinl?: Contract Budgeted Item: YES Exhibits: SUMMARY & RECOMMENDATION On January 22,2001, the City Council approved a contract between the City and Camp Dresser and McKee, Inc. (CDM) to provide professional engineering services for the development of a Preliminary Engineering Report for the proposed Little Cedar Bayou Solids Handling Project. This Project is meant to improve solids handling at the Plant, upgrade and maintain the current hydraulic capacity. The Preliminary Engineering Report was completed in September 2001, and recommends improvements estimated at $3,500,000, including engineering, inspection, construction and contingencies. During the budget process, it was estimated that final design, geotechnical, survey and inspection at $400,000. Negotiations with CDM produced an agreement totaling $408,354, and is broken out as follows. Final Design Construction Total Basic Engineering $186,983 49,001 $235,984 Surveying Geotechnical Total Additional Services $ 3,000 15,000 $ 18,000 Construction Materials Testing Resident Engineering (Inspection) Resident Engineering Support Total Construction Services $ 30,000 112,000 12.370 Total Estimated Engineering $154.370 $408,354 Although the proposed Agreement exceed the budgeted amount by $8,354, the Construction Phase services will not take place until the Project is bid and awarded. Bond funds will be used for construction and engineering services during construction. Action Required bv Council: Approve Ordinance authorizing the City Manager to execute an amendment to the Agreement with Camp Dresser & McKee, Inc. in the amount of $408,354. Approved for City Council Aeenda GM\\~ Robert T. Herrera, City Manager \\"O~"'6\ Date e e ./ ORDINANCE NO. 2001-ck5J-~ AN ORDINANCE APPROVING AND AUTHORIZING CONTRACT AMENDMENT NO. 1 FOR PROFESSIONAL DESIGN SERVICES, BETWEEN THE CITY OF LA PORTE AND CAMP DRESSER & MCKEE, INC., ENGINEERS, DATED JANUARY 22, 2001, APPROPRIATING NOT TO EXCEED $408,354.00, TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The city Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. city Council appropriates the sum not to exceed $408,354.00 from the City of La Porte Fund Account NO.3 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 Codej 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 e ORDINANCE NO. 2001-~5J,5 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 12th day of November, 2001. By: CITY OF LA PORTE J! t}Jf~it~ ~n L. Malon , Mayor ATTEST: City AP~ It! Knox W. Askins, City Attorney e ,e CONTRACT AMENDMENT NO.1 FOR PROFESSIONAL DESIGN SERVICES Project Title: Sludge Processing Facility Improvements at the Little Cedar Bayou Wastewater Treatment Plant Engineer: Camp Dresser & McKee Inc. Date of Contract Signature: January 22, 2001 The above referenced Contract for Professional Services is hereby amended in accordance with the following: . Replace Exhibit A with the following: -.EXIDBIT A FURTHER DESCRIPTION OF ENGINEERING SERVICES AND RELATED MATTERS SCOPE OF SERVICES FOR CITY OF LA PORTE LITTLE CEDAR BAYOU WASTEWATER TREATMENT PLANT SLUDGE PROCESSING FACILITY IMPROVEMENTS The Engineer will provide basic engineering services and provide additional services as required for the Sludge Processing Facility Improvements at the Little Cedar Bayou Wastewater Treatment Plant (WWTP). The work associated with these engineering services is separated into the following tasks: 1. Preliminary Engineering Services (Complete) II. Final Design Services III. Design Services During Construction IV. Additional Services A-I e ,e I. PRELIMINARY ENGINEERING SERVICES (Complete) Preliminary ,engineering services for the Sludge Processing Facility Improvements at the Little Cedar Bayou WWTP will be performed by Camp Dresser & McKee Inc. The following scope of work is for those preliminary engineering services. A. Project Management: . Conduct a project initiation meeting to clarify requirements for the project; . Coordinate with staff and project personnel to complete project tasks and meet project objectives; . Conduct project meetings with staff at least on a bi-monthly basis and provide appropriate minutes of the meetings and necessary documentation; . Develop and maintain a project schedule with detailed milestones; and . Provide quality control reviews and technical reviews of all evaluations and recommendations, technical memoranda, and reports. B. Preliminary Engineering Report (PER): The Engineer shall prepare a preliminary engineering report (PER) for approval and revise as required. Such report shall consist of preliminary layouts, sketches, recommended final design criteria, and construction costs estimates. The report shall be prepared in sufficient detail so as to: (1) clearly indicate anticipated problems; and (2) recommend alternate solutions to the problems. , The preliminary engineering report will address the following aspects of the sludge processing facilities design: . A summary of recommended improvements. . Facility design criteria recommendations. . Electrical and control requirements. . Documentation for TNRCC variance request (ifnecessary). . Schedule of final design/construction. . Probable cost of construction for the recommended improvements. The Engineer shall submit five (5) copies of the draft preliminary engineering report. After receipt of review comments, the Engineer shall incorporate review comments, as appropriate, and submit five (5) copies of the final preliminary engineering report. A-2 D.\rn1\TTl1Ar-r\' A Pt"'\DTt:'\ r rT'TT 1:' ('"en" '0 Q A vruf'\ CrnD'I: ^ r"V'"V'" Tr C t"\.o....h...1a "M1 e e II. FINAL DESIGN SERVICES A. General 1. Engineer will conduct monthly progress meetings during the design phase with City staff to review work completed to date, project schedule, and other issues. These meetings will be approximately 2-hours in duration. 2. Engineer will perform project management duties through the design phase, including tracking budget and schedule and meeting with City staff as required. 3. Engineer will perform quality assurance/quality control procedures during the design phase. Those procedures will include a technical review of the 60 percent and 90 percent review documents. B. Plans and Specifications 1. The Engineer will prepare complete contract documents (plans and specifications) for use in bidding and constructing the work associated with the sludge handling facilities improvements project. The design of facilities to upgrade the sludge handling system at the Little Cedar Bayou wastewater treatment plant will include, but not necessarily be limited to: . Upgrade of the return activated sludge/waste activated sludge pump station. . The addition of a rotary drum thickener for thickening waste activated sludge. . The addition of two, new aerobic digesters complete with decant, piping and aeration systems. . Modifications to the existing blower building and system. . The addition of new digested sludge and thickened sludge pumps and piping modifications. . Modifications to the existing gravity thickener. . The addition of a new sludge dewatering building With two, new belt filter presses. . Miscellaneous piping, plumbing, mechanical, electrical and control modifications to accommodate the proposed facilities. A-3 e e 2. Engineer will provide City staff five (5) sets of half-size review documents at the 60 percent design completion and five (5) sets of full-size review documents and specifications at the 90 percent design completion. 3. Engineer will meet all requirements for notification and submission to the TNRCC for review/approval of documents and design. C. Cost Estimate 1. Engineer will prepare opinions of probable cost for the construction of the improvements at the 60 percent design completion stage and when final contract documents are completed. D. Bidding 1. Engineer will reproduce and distribute contract documents to prospective bidders and vendors and maintain a log of distribution. Engineer will recover costs for such distribution through charging prospective bidders for each set. 2. Engineer will attend the pre-bid conference for the construction project and answer, by written..addenda, contractors and supplier's functional and technical questions during the bidding phase. 3. Engineer will provide clarifications and answer questions from prospective bidders and vendors during the bidding phase. Ifnecessary, such clarifications will be included in the addenda. 4. Engineer will review contractor's pre-qualification submittals and recommended to City staff those that are qualified for construction of the project. City staff will review financial qualifications. 5. Engineer will attend bid opening, review bids, and assist with recommendations for contract award. Ill. DESIGN SERVICES DURING CONSTRUCTION A. General 1. Engineer will attend monthly construction progress meetings. Up to 12 total meetings will be attended. 2. Engineer will make periodic visits to the project site to observe the progress and quality ofthe various aspects of the contractors' work. Engineer will participate in substantial completion and final completion walkthroughs. A-4 e ,e 3. Engineer will perform project management duties similar to those in the previous phases, throughout construction. B. Submittal Review 1. Engineer will perform technical and functional reviews of all shop drawings and submittals. 2. Engineer will respond to all contractor requests for information (RFI). 3. Engineer will review and comment on all Change Order (CO) requests and initiate CO requests when appropriate. 4. Engineer will log-in, track, and distribute submittals to the various disciplines and subconsultants. C. Record Drawings 1. Engineer will prepare Record Drawings using Contractor' s "As-Built" plans as a basis for making changes. The Record Drawings will be produced in AutoCAD format. 2. The AutoCAD files for the Record Drawings will be delivered to City staff on computer diskette. In addition, one set of mylar reproducible drawings will be provided. IV. ADDITIONAL SERVICES Additional services will be provided as required for the following tasks. A. Surveying 1. Engineer will perform design topographical surveying for the treatment . plant site, including the adjacent property to be used for the sludge dewatering building. Permanent control points and bench marks to USGS datum will be established. B. Geotechnical Investigation 1. Engineer will conduct geotechnical investigation for design of the Sludge Processing Facility Improvements. C. Construction Materials Testing 1. Engineer will provide construction materials testing as required during construction. Testing will consist of concrete, soil, road base, asphalt or other required tests. A-5 e e D. Resident Engineering 1. Engineer will provide part-time inspection services during construction of the improvements. The resident engineer will be located, on a part-time basis, at the Little Cedar Bayou WWTP in a contractor supplied trailer. Resident engineering will be provided for a maximum of 9-months during the construction of the improvements. 2. Engineer will provide support services for the resident inspector, including periodic electrical, instrumentation, and structural inspections and office support services. V. SCHEDULE A. The Engineer shall initiate each phase of work described herein immediately upon the execution of the Agreement and upon issuance by City .0fNotice to Proceed. B. Engineer shall deliver 60% review documents within 75 calendar days of notice- to- proceed with final design. C. Engineer shall deliver 90o/g.,review documents within 45 days of receipt of City's review comments on the 60% review documents. D. Engineer shall deliver Final Contract documents within 21 calendar days of receipt of City's comments on the 90% review documents. VI. COS'):' A. Costs for Preliminary Engineering, Final Design, and Design Services During Construction shall be lump sum. B. Costs for Additional Services shall be reimbursable per the attached wage rates (Table A-I) and reimbursable rates (Table A-2). C. The fees for each phase are included in Table A-3. . VII. PAYMENT SCHEDULE A. Engineer shall invoice lump sum portions monthly, based on the percentage of the task that has been completed. B. Payment for additional services shall be for reimbursable costs accrued at the time of each invoice. A-6 e e Table A-I BILLING RATE SCHEDULE FOR RESIDENT ENGINEERING AND ADDITIONAL SERVICES Category 2001 2002 2003 Principal/Tech Specialist (QNQC) $ 180.00 $ 190.00 $ 200.00 Project Director 145.00 148.00 155.00 Senior Project Manager 140.00 142.00 146.00 ElectricallInstrumentation Engineer 140.00 142.00 147.00 Structural Engineer 135.00 138.00 144.00 Project Engineer 110.00 113.00 117.00 Design Engineer 90.00 92.50 95.00 CADD 80.00 82.00 85.00 Administrative Support 58.00 62.00 65.00 Resident Engineer 60.00 60.00 Table A-2 RE~URSABLECOSTS FOR RESIDENT ENGINEERING AND ADDITIONAL SERVICES Item Unit Cost Unit Cost Photocopies $ 0.10 $ 0.10 Mylar Plots 17.00 17.00 Bluelines 1.00 1.00 Facsimile 1.00 1.00 ' Mileage 0.345 0.345 Note: All other reimbursable costs, i.e., telephone, mail, Fed Ex, courier, and miscellaneous supplies will be invoiced at actual cost. All outside professionals will be invoiced at actual cost plus 10 percent markup. A-7 e .e Table A-3 SUMMARY OF PRELIMINARY ENGINEERING COSTS INCLUDING ESTIMATED COSTS FOR OUTSIDE PROFESSIONALS SLUDGE PROCESSING FACILITY IMPROVEMENTS LITTLE CEDAR BAYOU WWTP Basic Services Preliminary Engineering (lump sum) FinalDesignPhase (lUIp.p sum) Design Services During Construction (lump sum) Additional Services Preliminary Engineering Phase Surveying Geotechnical Final Design Phase Surveying Geotechnical Construction Phase Construction Materials Testing , Resident Engineering , Resident Engineering Support $ 76,500 (Complete) . $ 186,983 $ 49,001 $ 9,000 (Complete) $ 8,000 (Complete) $ 3,000 $ 15,000 $ 30,000 $ 112,000 $ 12,370 END OF EXHIBIT A A-8 e e IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies, each of which shall be deemed to be an ~inal, butall of which shall constitute but one and the same amendment, this I Z~ day of r1~,., hPt'"' ., 2001. Q~ 1": \-t~ ENGINEER ~ ~ 4-' OWNER By: Robert Herrera By: Rodney Chapin, P .E. Title: City Manager Title: Principal Date: a~~r /9, ~() I Date: --11 r I~ - 0 \ A-9 tit e CONTRACT AMENDMENT NO. 1 FOR PROFESSIONAL DESIGN SERVICES Project Title: Sludge Processing Facility Improvements at the Little Cedar Bayou Wastewater Treatment Plant Engineer: Camp Dresser & McKee Inc. Date of Contract Signature: January 22, 2001 The above referenced Contract for Professional Services is hereby amended in accordance with the following: EXHIBIT A Replace Exhibit A with the following: / FURTHER DESCRIPTION OF ENGINEERING SERVICES AND RELATED MATTERS SCOPE OF SERVICES FOR CITY OF LA PORTE LITTLE CEDAR BAYOU WASTEWATER TREATMENT PLANT SLUDGE PROCESSING FACILITY IMPROVEMENTS The Engineer will provide basic engineering services and provide additional services as required for the Sludge Processing Facility Improvements at the Little Cedar Bayou Wastewater Treatment Plant (WWTP). The work associated with these engineering services is separated into the following tasks: 1. Preliminary Engineering Services (Complete) II. Final Design Services III. Design Services During Construction IV. Additional Services A-I R:\CONTRAcr\LAPORTE\LllTLE CEDAR BA YOU'\SCOPE.A.DOC TLF October 19, 2001 e e I. PRELIMINARY ENGINEERING SERVICES (Complete) Preliminary engineering services for the Sludge Processing Facility Improvements at the Little Cedar Bayou WWTP will be performed by Camp Dresser & McKee Inc. The following scope of work is for those preliminary engineering serVices. A. . Project Management: . Conduct a project initiation meeting to clarify requirements for the project; . Coordinate with staff and project personnel to complete project tasks and meet project objectives; . Conduct project meetings with staff at least on a bi-monthly basis and provide appropriate minutes of the meetings and necessary documentation; . Develop and maintain a project schedule with detailed milestones; and . Provide quality control reviews' and technical reviews of all evaluations and recommendations, technical memoranda, and reports. B. Preliminary Engineering Report (PER): The Engineer shall prepare a preliminary engineering report (PER) for approval and revise as required. Such report shall consist of preliminary layouts, sketches, recommended final design criteria, and construction costs estimates. The report shall be prepared in sufficient detail so as to: (1) clearly indicate anticipated problems; and (2) recommend alternate solutions to the problems. , The preliminary engineering report will address the following aspects of the sludge processing facilities design: . A summary of recommended improvements. . Facility design criteria recommendations. . Electrical and control requirements. . Documentation for TNRCC variance request (if necessary). . Schedule of final design/construction. . Probable cost of construction for the recommended improvements. The Engineer shall submit five (5) copies of the draft preliminary engineering report. After receipt of review comments, the Engineer shall incorporate review comments, as appropriate, and submit five (5) copies of the final preliminary engineering report. A-2 R:\CONTRACf\LAPORTE\LmLE CEDAR BA YOU'\SCOPE.A.DOC TLF October 19, 2001 e e II. FINAL DESIGN SERVICES A. General 1. Engineer will conduct monthly progress meetings during the design phase with City staff to review work completed to date, project schedule, and other issues. These meetings will be approximately 2-hours in duration. 2. Engineer will perform project management duties through the design phase, including tracking budget and schedule and meeting with City staff as required. 3. Engineer will perform quality assurance/quality control procedures during the design phase. Those procedures will include a technical review of the 60 percent and 90 percent review documents. B. Plans and Specifications 1. The Engineer will prepare complete contract documents (plans and specifications) for use in bidding and constructing the work associated with the sludge handling facilities improvements project. The design of facilities to upgrade the sludge handling system at the Little Cedar Bayou wastewater treatment plant will include, but not necessarily be limited to: . Upgrade of the return activated sludge/waste activated sludge pump station. . The addition of a rotary drum thickener for thickening waste activated sludge. . The addition of two, new aerobic digesters complete with decant, piping and aeration systems. . Modifications to the existing blower building and system. . The addition of new digested sludge and thickened sludge pumps and piping modifications. . Modifications to the existing gravity thickener. . The addition of a new sludge dewatering building with two, new belt filter presses. . Miscellaneous piping, plumbing, mechanical, electrical and control modifications to accommodate the proposed facilities. A-3 R:\CONTRAcr\LAPORTE\LITILE CEDAR BAYOU'\SCOPE-A.DOC TLF October 19, 2001 e e 2. Engineer will provide City staff five (5) sets of half-size review documents at the 60 percent design completion and five (5) sets of full-size review documents and specifications at the 90 percent design completion. 3. Engineer will meet all requirements for notification and submission to the TNRCC for review/approval of documents and design. C. Cost Estimate 1. Engineer will prepare opinions of probable cost for the construction of the improvements at the 60 percent design completion stage and when final contract documents are completed. D. Bidding 1. Engineer will reproduce and distribute contract documents to prospective bidders and vendors and maintain a log of distribution. Engineer will recover costs for such distribution through charging prospective bidders for each set. 2. Engineer will attend the pre-bid conference for the construction project and answer, by written addenda, contractors and supplier's functional and technical questions during the bidding phase. 3. Engineer will provide clarifications and answer questions from prospective bidders and vendors during the bidding phase. Ifnecessary, such clarifications will be included in the addenda. 4. Engineer will review contractor's pre-qualification submittals and recommended to City staff those that are qualified for construction of the project. City staff will review financial qualifications. 5. Engineer will attend bid opening, review bids, and assist with recommendations for contract award. III. DESIGN SERVICES DURING CONSTRUCTION A. General 1. Engineer will attend monthly construction progress meetings. Up to 12 total meetings will be attended. 2. Engineer will make periodic visits to the project site to observe the progress and quality of the various aspects of the contractors' work. Engineer will participate in substantial completion and final completion walkthroughs. A-4 R:\CONTRACT\LAPORTE\LmLE CEDAR BA YOU'\SCOPE-ADOC TLF October 19, 2001 e e 3. Engineer will perform project management duties similar to those in the previous phases, throughout construction. B. Submittal Review 1. Engineer will perform technical and functional reviews of all shop drawings and submittals. 2. Engineer will respond to all contractor requests for information (RFI). 3. Engineer will review and comment on all Change Order (CO) requests and initiate CO requests when appropriate. 4. Engineer will log-in, track, and distribute submittals to the various disciplines and subconsultants. C. Record Drawings 1. Engineer will prepare Record Drawings using Contractor' s "As-Built" plans as a basis for making changes. The Record Drawings will be produced in AutoCAD format. 2. The AutoCAD files for the Record Drawings will be delivered to City staff on computer diskette. In addition, one set of mylar reproducible drawings will be provided. IV. ADDITIONAL SERVICES Additional services will be provided as required for the following tasks. A. Surveying 1. Engineer will perform design topographical surveying for the treatment plant site, including the adjacent property to be used for the sludge dewatering building. Permanent control points and bench marks to USGS datum will be established. B. Geotechnical Investigation 1. Engineer will conduct geotechnical investigation for design of the Sludge Processing Facility Improvements. C. Construction Materials Testing 1. Engineer will provide construction materials testing as required during construction. Testing will consist of concrete, soil, road base, asphalt or other required tests. A-S R:\CONTRACf\LAPORTE\LlTfLE CEDAR BA YOU'\SCOPE-A,DQC TLF October 19, 2001 e e D. 'Resident Engineering 1. Engineer will provide part-time inspection services during construction of the improvements. The resident engineer will be located, on a part-time basis, at the Little Cedar Bayou WWTP in a contractor supplied trailer. Resident engineering will be provided for a maximum of 9-months during the construction of the improvements. 2. Engineer will provide support services for the resident inspector, including periodic electrical, instrumentation, and structural inspections and office support services. V. SCHEDULE A. The Engineer shall initiate each phase of work described herein immediately upon the execution of the Agreement and upon issuance by City of Notice to Proceed. B. Engineer shall deliver 60% review documents within 75 calendar days of notice- to- proceed with final design. C. Engineer shall deliver 90% review documents within 45 days of receipt of City's review comments on the 60% review documents. D. Engineer shall deliver Final Contract documents within 21 calendar days of receipt of City's comments on the 90% review documents. VI. COS)' A. Costs for Preliminary Engineering, Final Design, and Design Services During Construction shall be lump sum. B. Costs for Additional Services shall be reimbursable per the attached wage rates (Table A-I) and reimbursable rates (Table A-2). C. The fees for each phase are included in Table A-3. VII. PAYMENT SCHEDULE A. Engineer shall invoice lump sum portions monthly, based on the percentage of the task that has been completed. B. Payment for additional services shall be for reimbursable costs accrued at the time of each invoice. A-6 R:\CONTRAcr\LAPORTE\UITLE CEDAR BAYOU'\SCOPE-ADOC TLF October 19, 2001 e e Table A-I BILLING RATE SCHEDULE FOR RESIDENT ENGINEERING AND ADDITIONAL SERVICES Category 2001 2002 2003 PrincipaVTech Specialist (QNQC) $ 180.00 $ 190.00 $ 200.00 Project Director 145.00 148.00 155.00 Senior Project Manager 140.00 142.00 146.00 ElectricaVInstrumentation Engineer 140.00 142.00 147.00 Structural Engineer 13 5.00 138.00 144.00 Project Engineer 110.00 113.00 117.00 Design Engineer 90.00 92.50 95.00 CADD 80.00 82.00 85.00 Administrative Support 58.00 62.00 65.00 Resident Engineer 60.00 60.00 Table A-2 REIMBURSABLE COSTS FOR RESIDENT ENGINEERING AND ADDITIONAL SERVICES Item Unit Cost Unit Cost Photocopies $ 0.10 $ 0.10 Mylar Plots 17.00 17.00 Bluelines 1.00 1.00 Facsimile 1.00 1.00 Mileage 0.345 0.345 Note: All other reimbursable costs, i.e., telephone, mail, Fed Ex, courier, and miscellaneous supplies will be invoiced at actual cost. All outside professionals will be invoiced at actual cost plus 10 percent markup. A-7 R:\CONTRACf\LAPORTE\UTILE CEDAR BA YOU'\SCOPE-A.DOC TLF October 19, 2001 e e Table A-3 SUMMARY OF PRELIMINARY ENGINEERING COSTS INCLUDING ESTIMATED COSTS FOR OUTSIDE PROFESSIONALS SLUDGE PROCESSING FACILITY IMPROVEMENTS LITTLE CEDAR BAYOU WWTP Basic Services Preliminary Engineering (lump sum) $ 76,500 (Complete) Final Design Phase (lump sum) $ 186,983 Design Services During Construction (lump sum) $ 49,001 Additional Services Preliminary Engineering Phase Surveying $ 9,000 (Complete) Geotechnical $ 8,000 (Complete) Final Design Phase Surveying $ 3,000 Geotechnical $ 15,000 Construction Phase Construction Materials Testing $ 30,000 Resident Engineering $ 112,000 ',Resident Engineering Support $ 12,370 END OF EXHIBIT A A-8 R:\CONTRACT\LAPORTE\LmLE CEDAR BAYOU'\SCOPE-A,DOC TLF October 19, 2001 e e IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same amendment, this 12~ day of l'Ir)lJllNllt,qr ,2001. OWNER G?~ T\ tt~ ENGINEER ~ 4). ~ By: Robert Herrera By: Rodney Chapin, P .E. Date: \ \ . t ~ . 0 \ Title: Principal tJ~iet(' /9. ~/ , Date: Title: City Manager A-9 R:\CONTRACT\LAPORTE\LlTILE CEDAR BAYOU'\SCOPE-A.lXX TLF October 19, 2001 e e REQulT FO CITY COUNCIL AG'DA ITEM Agenda Date Requested: Appropriation Requested By: Source of Funds: Department: Adminis r tion Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: Ordinance 2001- Amount Requested: Exhibits: Ordinance 2001- Budgeted Item: YES NO SUMMARY & RECOMMENDATION At the October 22,2001 meeting, staff presented City Council with a report on the purchase of Lots 8-12 for proposed building sites by Habitat for Humanity in the Northside area. The City could acquire these properties for the HCAD Value/Adjudged Value of$13,800. The HCAD Value/Adjudged Value is the most recent appraisal roll value of the property on the date of the trial. The court costs will come out of the $13,800 and the remaining funds are distributed to the taxing entities. This process is $5,059.97 less than paying the delinquent taxes owed on the properties plus court costs. Tracts HCAD City LPISD County Court Cost Value/Adjudged Delinquent Delinquent Delinquent (estimated) Value Taxes Taxes Taxes 8 $3,800.00 $895.70 $1,694.96 $752.89 $2,500.00 9 10 11 $10,000.00 $3,009.13 $5,138.59 $2,368.70 $2,500.00 12 Subtotals $13,800.00 $3,904.83 $6,833.55 $3,121.59 $5,000.00 Totals $13,800.00 $18,859.97 Estimated funds to taxing entities $2,464.00 I $4,312.00 $2,024.00 - If approved, the City will acquire the properties by purchasing them in the present ownership patterns. The City will then provide a deed to Habitat for Humanity for the pattern needed to accommodate the two proposed building sites and the remaining 5th lot will be for potential sale to the adjacent property owner. If the adjacent property owner and the City cannot reach agreement, I suggest we also deed this fifth lot (25 ft) to Habitat for Humanity. There will be some legal expenses associated with deed preparation and filing. Consider Audit Committee recommendation regarding an ordinance authorizing the conveyance of Lots 8-11, Block 88, to Bay Area Habitat for Humanity. (Two separate Special Warranty Deeds for Lots 8 & 9 and Lots 10 & 11) Consider Audit Committee recommendation regarding an ordinance authorizing the conveyance of Lot 12, Block 88, to Paul Larson. Action Reauired bv Council: Consider approval or other action regarding an ordinance authorizing the conveyance of Lots 8-11, both inclusive, Block 88, Town of La Porte, Harris County, Texas, to La Porte Chapter, Bay Area Habitat for Humanity. Consider approval or other action regarding an ordinance authorizing the conveyance of Lot 12, Block 88, Town of La Porte, Harris County, Texas, to Paul Larson. Approved for City Council Aeenda Ql~\I-\- .\.~.~~~ Robert T. Herrera, City Manager \\~<6'O\ Date e e ORDINANCE NO. 2001- ;Y5J-~ AN ORDINANCE APPROVING AND AUTHORIZING THE CONVEYANCE OF LOTS 8 THROUGH 11, BOTH INCLUSIVE, BLOCK 88, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY, 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. Sec tion 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 PAGE 2 PASSED AND APPROVED, this 12th day of November, 2001. CITY OF LA PORTE By: ATTEST: VJ1()J Ik (). lit l1II Ma ha A. -Gillett City Secretary APP~~ ~ Knox W. Askins, City Attorney !i&;~ No n L. Malon, Mayor e e 702 W. FAIR MONT PARKWAY P..O. BOX 1218 LA PORTE. TEXAS 77572-1218 ?)?J TELEPHONE 281 471-1886 TELECOPIER 2BI 471-2047 ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW KNOX W. ASKINS JOHN D. ARMSTRONG CHARLES R. HUBER. JR. BOARD CERTIFIED - CIVIL TRIAl. L.AW TEXAS BOARD OF' LEGAL SPECIAI.IZATION CLARK T. ASKINS December 4, 2001 Harris County raisal District ATTENTION: AME/ADDRESS CHANGE Bo 920975 n, TX 77292-0975 Re: Lots 8 & 9, Block 88, Town of La Portej and Lots 10 & 11, Block 88, Town of La Porte. Dear Sir/Madam: La Porte Chapter, Bay Area Habitat for Humanity - Houston, Inc., a non-profit corporation, has acquired the property described on the attached deeds, dated November 12, 2001. Please render this property in the name of the Habitat for Humanity, and place on the tax rolls as EXEMPT from taxation. Thank you for your cooperation in this matter. ~ Knox W. Askins City Attorney City of La Porte KWA: sw Enclosure cc: Mr. Jim Counts Habitat for Humanity P.O. Box 2087 La Porte, TX 77572 ~. Kathy Powell vI:~x Assessor/Collector City of La Porte Y4't!0244 It,, . e e .0.. . _oj, \]" I { if \I ~ it'} N N i i'- ~ l ~ f \A SPECIAL WARRANTVDEED ~ .i,.;4~ Date: November 12, 2001 11/27/01 30065429& V440244 $11.00 Grantor: CITY OF LA PORTE, a municipal corporation Mailing Address: 604 West Fairmont Parkway La Porte, TX 77571 Grantee: LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY RltJ - HOUSTON, INC., a non-profit corporation. (7-' ~ Mailing Address: P.O. Box 2087 La Porte, TX 77572 consideration: Ten and No/IOO Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements) : Lots 8 and 9, Block 88, of the Town of La Porte, Harris 0 County, Texas, according to the map or plat thereof recorded in the office of the County Clerk of Harris County, Texas. Reservations from and Exception to Conveyance and Warranty: Taxes for the current year have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular the restrictionst conditionst oilt gast and other mineral reservations, easement~, and covenantst if anYt applicable to and enforceable against the above described property as reflected by the records of the county clerk of the afo~esaid county. e e Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee' s heirs, executors, admini strators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. ~ 1 i\l \'\i N f f I'.~ \ T'~ 1 I ~ ~ ~ .,1\ UI CITY OF LA PORTE By: G?~ 'I, ~~ ROBERT T. HERRERA City Manager I U1,--j ATTEST: L{)J t2CtJti0 tl. /(ttttZ' City Secretary STATE OF TEXAS I FILE FOR Rt 8:00 AM COFiD NOV 2 7 200t ~~~L / County Cletk H .~ , . .arns Coo nly. lelCas COUNTY OF HARRIS AJ UThiS instrument was acknowledged before me on the ~~day of o I , 2001, by ROBERT T. HERRERA, City Manager of the City of La Porte, a municipal corporation. L/7// f};-!-/-~}J {(kid Notary Public, state of Texas AFTER RECORDING RETURN TO: ASKINS & ARMSTRONG, P.C. P.O. Box 1218 PREPARED IN THE LAW OFFICE OF: ASKINS & ARMSTRONG, P.C. T'l r\ n",,, """)'10 e ~ ~ N N I 1'- ~. i ~ ~ I^ 1li,1 e J.XT PROYlSm HUn W1lCII AEHRICTS TIE SAlE.1lElI11.L. OR US< Of IIlE OESCR/BED REAl. fROPWT IECAUit Of COlOR OR RACE S Ir/AllllJIO UNENFOIICEAIU UNDER fEOERAllAW THE ST ^ TE OF TEXAS COUNTY OF Hl'.RRIS IIoMJ ""'r hi Jio iooIv!.( .. FlEO. fie IU.a. ~ <II ... /;Ie .., ~ !he .... JIlnpod.... br ...; nlns ikIr RECORa:D.III.... 0IciraI Nir: Rocri ri AU P"'!*lT ri Ibnis C""Y.l-1I e NOV 2 7 200t ~6f~ COUNTY CLERK HARRIS COUNTY, TEXAS ; } 1 ">.J,I ..;:.,. I' \ o ~ ~ ! \. 'Ii ~ '" - . V44024S e e SPECIAL WARRANTYDEED 11/~7/01 300&54~97 V440245 $11.00 Date: November 12, 2001 Grantor: CITY OF LA PORTE, a municipal corporation Mailing Address: 604 West Fairmont Parkway La Porte, TX 77571 Grantee: LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY /vil.J - HOUSTON, INC., a non-profit corporation. .' Mailing Address: P.O. Box 2087 La Porte, TX 77572 consideration: Ten and NO/lOa Dollars ($10.00) cash and other good and valuable considerations ~ Property (including any improvements) : o ~ I ~ Lots 10 and 11, Block 88, of the Town of La Porte, Harris County, Texas, according to the map or plat thereof recorded in the office of the County Clerk of Harris County, Texas. [) Reservations from and Exception to Conveyance and Warranty: Taxes for the current year have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. e e Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. m , N N ~ r ~ f'i ~ ~ 1 ~~ By: CITY OF LA PORTE CX~ \- \lc~ ROBERT T. HERRERA City Manager If1'J ((j (----' ATTEST: ;L!!j {l~ {j dr//ll C t Secretary STATE OF TEXAS 1 FILE FOR RECORD 8:00 AM NOV 2 7 20m .~6f~ County Clerk, Harris County, Texas COUNTY OF HARRIS This instrument was acknowledged before me on the /oZ~day of ')~/J, ,2001, by ROBERT T. HERRERA, City Manager of the City of La Porte, a municipal corporation. L/!?()/!fk", (/,c//4t \. Notary Public, State of Texas UIIIIIII 1111 I 1If111 11111 1111111 I 1111 "" 1111111111111 ~ ~"a!*.. MARTHA GILLETTE g =.. .... NOTARY PUBLIC :: ~ ~ . ~.. STATE OF TEXAS :: :: ,.,,' .'," Comm. Exp. 08-22-2005 :: i1111111: i; il i II! 11111/1111 r IlIlIIllIllllIllIIIlIlIIji AFTER RECORDING RETURN TO: A$'ICIW:;' .~ A(?..KS-re..,HJG I P.e.. p t') :60)'- (2 1 '0 PREPARED IN THE LAW OFFICE OF: ASKINS & ARMSTRONG, P.C. ......" T"\_......, ""., 0 e \fI , N N ~ .~ ~ I ~ , W e /.Xl PROYlSm HEKEl! WlIOI RfSTRl:TS TlE SI.ll:, REHT.I.l. OR US< Of HE O!:SCRlI.O REAL PROPERTT BECAuse Of COlOR ~ RACE ~ 'fWD AHD UIIENFORCEABlE UNDfR reOERAllAW "THE STATE OF TEXAS COUNTY OF H.t.RRIS I..., crir" iii iai'lIIM.. FUD. fie It.<rlw ~ <II tie dole lid ;( III i.. lioi'i"4.... If N; lid ... 0Jlr RrolRCED. In ... ObI Pubi: Retonl; ol Rt3 PIllp<lly rJ Honi! CM'iy. T... III e NOV 2 7 2001 ~4~ COUN1Y CLERK HARRIS COUNTY, TEXAS e e ORDINANCE NO .2001- J,5;)1 AN ORDINANCE APPROVING AND AUTHORIZING THE SALE AND CONVEYANCE OF LOTS 12, BLOCK 88, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO D. PAUL LARSON, 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. The city Council finds, determines and declares, that Lot 12, Block 88, Town of La Porte, Harris County, Texas, is a remnant, and is not a usable building site under the Zoning Ordinanc~ and Building Codes of the city of La Porte. 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 Codej 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 e ORDINANCE NO. 2001- 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 12th day of November, 2001. CITY OF LA PORTE By: ~~, ~4- 'N rman 't. Ma one, Mayor ATTEST: tatJ1I/;~ (}.(dt4- Mar lia A'. Gillet city Secretary APPROVED, ~, ~z:J;;;~ Knox W. Askins, City Attorney e e 702 W. FAIRMONT PARKWAY P.O. BOX 121B LA PORTE. TEXAS 77572-1218 b'J; ~V '{DY ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW KNOX W. ASKINS .JOHN D. ARMSTRONG TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 CHARLES R. HUBER. .JR. BOARD CERTlf"IEO . CIVIL TRIAL LAW TEXAS BOARD OF' LEGAl. SPECIAl.IZATION CLARK T. ASKINS December 4, 2001 Mr. D. Pau arson 406 Nor 4th street La P e, TX 77571 Dear Mr. Larson: I am pleased to enclose herewith your deed from the City of La Porte, conveY1ng Lot 12, Block 88, Town of La Porte, to you. I also enclose copy of letter to Harris County Appraisal District, asking them to place this property in your name on the tax rolls. M Knox W. ASKins City Attorney City of La Porte KWA: sw Enclosure cc: Ms Kathy Powell ~ Assessor/Collector VCity of La Porte V44p247 e, e \v \ . It ~ ; I ~ ! V ~ ~I N N l i'- rt l ~ f Ltj SPECIAL WARRANTY DEED 11/27/01 3006542~~ V440247 $11.00 Date: November 12, 2001 Grantor: CITY OF LA PORTE, a municipal corporation Mailing Address: 604 West Fairmont Parkway La Porte, TX 77571 Grantee: D. PAUL LARSON I Jr,L-/ Mailing Address: 406 North 4th street La Porte, TX 77571 consideration: Ten and NO/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements) : Lot 12, Block 88, of the Town of La Porte, Harris County, . Texas, according to the map or plat thereof recorded in -LJ the office of the County Clerk of Harris County, Texas. Reservations from and Exception to Conveyance and Warranty: Taxes for the current year have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. e e Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. By: CITY OF LA PORTE G~ T, ~~ ROBERT T. HERRERA City Manager IrJ Ct\ ~ N N I \ r.,. .~ I I ..0 ~ ~ ATTEST: Lj!J(JI-Mrt, () &U/ CJ.t Secretary STATE OF TEXAS 1 ,"FILE FOR FlECOr.O 8'00 A f1 'M NOV 2 7 2001 Coun::tHa4~ . n1s Cot; nly, Texas COUNTY OF HARRIS #'OThiS instrument was acknowledged before me on th~day of IV (), ,2001, by ROBERT T. HERRERA, City Manager of the City of La Porte, a municipal corporation. ~iM1,~tl~4((/~ No ary Public, State of Texas. U1lJ1l1JfllIlIlI J III J 11111 11111 III I III I 11111 11111 II g = ~<..''i iI." MARTHA GILLETTE :: : ~ ~" NOTARY PUBLIC :: ". .... STATE OF TEXAS :: G,,~"". Exp. 08~22.2005 :: '"!''' ." illtll'''I\lIlUlIlIllln AFTER RECORDING RETURN TO: ASK.I.u~ t A~J-\.61,ea..... G. f.e.. I , f.o. 00)(. i<. I e J....A Po Ie. rf: -. T)L 11 S'? ::L -I :z. I 8 PREPARED IN THE LAW OFFICE OF: ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 e ~ ~ N N ! r- M l I,Q. Tt V) e AKt PROYlSloll Ht:REJllIHOI RESTRICTS lIE SAlE, RElfT,I,[, OR Us{ Of THE OESCRIB~O REAL '~RlY IECAIIS( Of COlOR 011 RACE 511VAtO AHO UlIENFOACEAllE UNDER FEOERAllAW THE STATE OF TEXAS CoumY OF ~RRIS IIorobr CII!Ir hllio NiIIlWI.. fUO it FIe ~ ~ ""hI"," -.f ~ Iht ~ 1IInipod....." N; -.f.. duIJ RECOflOO). ~ lit ObI N>Ic Rad 01 ReJi P~ allWris Coofty, T_ II e NOV 2 7 2001 ~4~ COUNTY CLERK ~RRIS COUNTY, TEXAS e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 12~: Requ_ By: Boo. Kueul!l!!1r-4~ Department: Plannin2 Appropriation Source of Funds: Utility CIP Fund Account Number: 003-9890-820-1100 Report: Resolution: _Ordinance: ~ Amount Budgeted: $376.600.00 $181.685.60 Exhibits: Ordinance Bid Tabulation Amount Requested: Bidder's list Location Areas Budgeted Item: CiiV NO SUMMARY & RECOMMENDATION As part of the FY 99-00 and FY 00-01 Budgets for Utility Capital Improvement Projects, City Council approved $376,600.00 for a 12 inch waterline outer loop project. Previous work included a 1,275 feet section completed last year for a total amount of $32,867.00 leaving a balance of $343,733.00. This waterline project consists of installing approximately 6,107 feet of PVC water line pipe, to completely loop all sections of the 12 inch main line on Fairmont Parkway. Design and engineering were performed on this project utilizing City Staff. On November 5, 2001, the City received five bids from qualified contractors. Borco of Texas., Inc. of Houston, Texas submitted the lowest bid in the amount of $ 172,685.60. Contract time for completion shall be 60 consecutive calendar days after "Notice to Proceed" is issued. Staff has reviewed the bid as submitted and determined that it is a reasonable amount and Borco of Texas., Inc. is qualified to perform this work. Staff recommends that the City Council authorize the City Manager to execute a contract with Borco of Texas., Inc. in the amount of $172,685.60 and further authorize $9,000.00 (5%) contingency for the Fairmont Parkway 12 inch waterline. Action Required bv Council: Consider approving an ordinance authorizing the City Manager to execute a contract with Borco of Texas., Inc. in the amount of $172,685.60 and further authorizing $9,000.00 contingency for the Fairmont Parkway 12 inch waterline. Approved for City Council A2enda Gi(~A/~T. \4~Av Robert T. Herrera, City Manager \ \- O~- 0 \ Date e e ORDINANCE NO. 2001- J,5d.-i AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BORCO OF TEXAS, INC. FOR THE FAIRMONT PARKWAY 12 INCH WATERLINE PROJECT; APPROPRIATING $ 181,685.60 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $181,685.60 from Utility Capital Improvement Fund 003 to fund said con tract. 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; arid that this meeting has been _. .~r.). ,. e e ORDINANCE NO. 2001- ~5~ open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this November 12,2001. By: CITY OF LA PORTE !!~~ No an L. . alone, Mayor ATIEST: 1ll. tUliaJvI:U //11 Mart a Gillett, City Secretary e e CITY OF LA PORTE FAIRMONTPARKWAY 12" WATERLINE CLP PROJECT #2001-6102 BID OPENING NOVEMBER 5, 2001 2:00 P.M. BID TABULATION BaRCO OF TEXAS, INC. Y 60 $172,685.60 TRIPLE B SERVICES, INC Y 75 $198,104.10 R L UTll.JTIES Y 60 $218,464.10 SOUTHWEST CONDUIT INC Y 60 $222,437.25 SER CONSTRUCTION y 60 $259,391.10 e e CITY OF LA PORTE FAIRMONT PARKWAY 12" WATER LINE: CLP PROJECT #2001-6102 Advertising The Bayshore Sun - October 21st and October 28th, 2001 Bid Notice Faxed WehbaBackhoe Service R.L. Utilities Triple B Services 9915 N "P" Street POBox 1154 P.O. Box 836 La Porte, TX 77571 La Porte, TX 77571 Huffman, TX 77336 Phone: (281) 471-6051 Phone: (281) 479-6567 Phone: (281) 324-3264 Fax: (281) 471-4969 Fax: (281) 476-9996 Fax: (281) 324-1304 La Porte Bayshore Associated General Contractors Angel Brothers, Inc. Chamber of Commerce 3825 Dacoma PO Box 570 La Porte, TX 77571 Houston, TX 77092 Baytown, TX 77522 Phone: (281) 471-1123 Phone: (713) 843-3700 Phone: (281) 421-5721 Fax: (281) 471-1710 Fax: (713) 843-3701 Fax: (281) 421-2344 Follis Construction FORCE Corp. Moore & Moore Contractors III N. Broadway PO Box 1079 PO Box 1517 La Porte, TX 77571 La Porte, TX 77572-0853 La Porte, TX 77572-1517 Phone: (281) 471-6881 Phone: (281) 470-0550 Phone: (281) 471-0145 Fax: (281) 471-6038 Fax: (281) 471-9627 Fax: (281) 471-0601 Lamb Construction Canbbean Contractors Canyon Construction 8214 Northline 1013 Hodgkins, Ste. F 3904 Cedarwood Houston, TX 77037 Houston, TX 77032 Pearland, TX 77584 Phone: (281) 447-6245 Phone: (281) 987-2000 Phone: (281) 489-3331 Fax: (281) 447-7249 Fax: (281) 442-6888 Fax: (281) 489-3337 SER Construction IRC Construction, Inc. PO BOX 891145 6418 Coley Park Houston Tx 77289 Sugar Land, TX 77479 713-278-9890 Phone: (281) 772-8524 713-278-9892 Fax: (281) 494-6127 Contractors that Picked up Plans & Specifications Wehba Backhoe Service 9915 N "P" Street La Porte, TX 77571 Phone: (281) 471-6051 Fax: (281) 471-4969 R.L. Utilities PO Box 1154 La Porte, TX 77571 Phone: (281) 479-6567 Fax: (281) 476-9996 Triple B Services PO Box 836 Huffman, TX 77336 Phone: (281) 324-3264 Fax: (281) 324-1304 IRC Construction, Inc. 6418 Coley Park Sugar Land, TX 77479 Phone: (281) 772-8524 Fax: (281) 494-6127 Boring & Tunneling Co. 515 S Loop West. Houston, TX 77221 Phone: (713) 799-1200 Fax: (713) 799-1394 SER Construction 2500 City West Blvd., Ste. 1700 Houston, TX 77042 Phone: (713) 278-9890 Fax: (713) 278-9892 Borco of Texas PO Box 670027 Houston, TX 77267 Phone: (281) 405-0440 Fax: (281) 405-0442 The WWII Company 317H Kickapoo Forest Onalaska, TX 77360 Phone: (281) 987-9308 Fax: (281) 442-6888 e AquaUtility 11100 Brittmoore Park Dr. Houston, TX 77041 Phone: (713) 983-3471 Fax: (713) 983-3481 Southwest Conduit Inc 14903 Park Almeda Houston, TX 77047 Phone: (713) 413-4800 Fax: (713) 413-4846 e MDN Enterprises 21371 US Hwy 59 N. New Caney, TX 77357 Phone: (281) 354-9621 Fax: (281) 354-9637 \, r--.-----.--..- / . /' <,<:. ';_>.':-..--:.~.:~~.'>'~",:"~~':_;~.../~o'~ '--"(j'-J'-/-',::..-l. ii, \ ; ..L~._.:._~ t /.. , 4 "",.'JfI .<'} . 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FAIRMONT pAAKWAY ----::-:::..-:.:~::.:::::::.:::;-:::::=~-:=::_-::::_=:::::::::.=.....::".::..::-=:::=:: LINE "0" DOLLAR GENERAL TO SELF SERVICE STORAGE e e f' REQlsT FOR CITY COUNCIL AG1tDA ITEM Agenda Date Requested: November 12. 2001 Requested By: Cynthia Alp.xandp.r, nirp.ctor Of:~t::': Appropriation Source of Funds: Department: FIN A NC.i: Amount Budgeted: Report: Resolution: Ordinance: xx Budgeted Item: YES NO Exhibits: Ordinance Exhibits: Exhibits: SUMMARY & RECOMMENDATION At the October 22,2001 City Council Meeting, the Council passed a resolution authorizing publication of notice of intention to call for a bond election. Weare requesting approval for the following propositions: Proposition 1 Proposition 2 Proposition 3 Proposition 4 Total Police Department Headquarters and Emergency Operations Center Wastewater Treatment Plant Development of Westside Park and Building a Youth Baseball Complex Fire Station No.2 Relocation and Renovation $7.7 million $3.5 million $3.2 million $1.9 million $16.3 million Action Required bv Council: Approve ordinance, which calls for consideration of a General Obligation Bond Election to be held on February 2, 2002. Aooroved for City Council Aeenda Q ~t -r- }j~iv--(.~ Robert T. Herrera, City Manager \\-og 0\ Date e e ORDINANCE NO. J....col . .2.S~ AN ORDINANCE ORDERING A BOND ELECTION; FIXING THE TIME, PLACE, AND MANNER FOR HOLDING THE ELECTION; ESTABLISHING POLLING PLACES; AND ORDERING OTHER MATTERS RELATING THERETO WHEREAS, the City Council of the City of La Porte, Texas (the "City"), deems it advisable to call the election hereinafter ordered; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS THAT: Section 1. An election shall be held on February 2, 2002, in the City, which date is 45 or more days from the date of this ordinance, at which election the following propositions shall be submitted in accordance with law: PROPOSITION 1 SHALL THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS BE AUTHORIZED TO ISSUE BONDS OF SAID CITY, IN ONE OR MORE SERIES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,700,000, MATURING ON A DATE NOT MORE THAN 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM AUTHORIZED BY LAW AT THE TIME OR TIMES SUCH BONDS ARE ISSUED, AND BEING SOLD AT SUCH PRICES, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF THE CONSTRUCTION OF A POLICE DEPARTMENT HEADQUARTERS AND EMERGENCY OPERATIONS CENTER, AND SHALL THE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES ON ALL TAXABLE PROPERTY IN THE CITY IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON SAID BONDS AND PROVIDE A SINKING FUND TO PAY SAID BONDS AT MATURITY? PROPOSITION 2 , SHALL THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS BE AUTHORIZED TO ISSUE BONDS OF SAID CITY, IN ONE OR MORE SERIES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $3,500,000, MATURING ON A DATE NOT MORE THAN 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM AUTHORIZED BY LAW AT THE TIME OR TIMES SUCH BONDS ARE ISSUED, AND BEING SOLD AT SUCH PRICES, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S WASTEWATER TREATMENT PLANT AND SHALL THE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES ON ALL TAXABLE PROPERTY IN THE CITY IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON SAID BONDS AND PROVIDE A SINKING FUND TO PAY SAID BONDS AT MATURITY? PROPOSITION 3 SHALL THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS BE AUTHORIZED TO ISSUE BONDS OF SAID CITY, IN ONE OR MORE SERIES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $3,200,000, MATURING ON A DATE NOT MORE THAN 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM AUTHORIZED BY LAW AT THE TIME OR TIMES SUCH BONDS ARE ISSUED, AND BEING SOLD AT SUCH PRICES, ALL AS e e SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF THE CONSTRUCTION OF A YOUTH BASEBALL COMPLEX AND IMPROVEMENTS WITHIN WESTS IDE PARK, AND SHALL THE CITY COUNCIL BE, AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES ON ALL TAXABLE PROPERTY IN THE CITY IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON SAID BONDS AND PROVIDE A SINKING FUND TO PAY SAID BONDS AT MATURITY? PROPOSITION 4 SHALL THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS BE AUTHORIZED TO ISSUE BONDS OF SAID CITY, IN ONE OR MORE SERIES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,900,000, MATURING ON A DATE NOT MORE THAN 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM AUTHORIZED BY LAW AT THE TIME OR TIMES SUCH BONDS ARE ISSUED, AND BEING SOLD AT SUCH PRICES, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF THE RELOCATION OF FIRE STATION NO.2 AND THE RENOVATION OF OLD FIRE STATION NO.2 FOR EMERGENCY MEDICAL SERVICES, AND SHALL THE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES ON ALL TAXABLE PROPERTY IN THE CITY IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON SAID BONDS AND PROVIDE A SINKING FUND TO PAY SAID BONDS AT MATURITY? Section 2. The official ballots for said election shall be prepared in accordance with the Texas Election Code, so as to permit the electors to vote "For" or "Against" the aforesaid propositions, which shall be set forth substantially as follows: PROPOSITION 1 THE ISSUANCE OF $7,700,000 POLICE DEPARTMENT HEADQUARTERS AND EMERGENCY OPERATIONS CENTER BONDS. PROPOSITION 2 THE ISSUANCE OF $3,500,000 WASTEWATER TREATMENT PLANT IMPROVEMENT BONDS. PROPOSITION 3 THE ISSUANCE OF $3,200,000 YOUTH BASEBALL COMPLEX -IMPROVEMENT BONDS AND WESTSIDE PARK IMPROVEMENT BONDS. PROPOSITION 4 THE ISSUANCE OF $1,900,000 FIRE STATION NO.2 RELOCATION AND RENOVATION BONDS. Section 3. Voting shall take place on election day between the hours of 7:00 A.M. and 7:00 P.M. at the regular voting precincts and at the polling places, as set forth in Exhibit "A" attached hereto and made a part hereof as if copied in full. e e Section 4. The Presiding Judge of each precinct shall appoint not less than two qualified election clerks to serve and assist in conducting said election; provided, however, that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. Section 5. Early voting shall be conducted by personal appearance and by mail or other lawful means. There shall be one early voting place, to-wit La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas 77571. Peggy Holland is appointed Presiding Judge of the Early Voting Ballot Board. Martha A. Gillett is appointed early voting clerk. The hours designated for early voting by personal appearance shall be on January 16, 2002 through January 29, 2002, beginning at 8:00 a.m. to 5:00 p.m. Early voting by mail shall be to the above address. Early voting by personal appearance shall be conducted on the weekdays of the early voting period and during the hours that the City Secretary's main business office is regularly open for business. Section 6. The City Council Conference Room at the La Porte City Hall is hereby established as the Central Counting Station to receive ballots for said election, the ballots to be tabulated and returned to the Office of the City Secretary. Martha A. Gillett is hereby appointed the Presiding Manager for said Central Counting Station. Section 7. All resident, qualified electors of the City shall be entitled to vote at said election. Section 8. In all respects said election shall be conducted in accordance with the Texas Election Code. Section 9. Notice of said election shall be given by posting a notice containing a substantial copy of this Ordinance at the City Hall and at least three other public places in the City not less than 21 days prior to the date upon which said election is to be held, and by publication of said notice in the Bayshore Sun, a newspaper of general circulation published in the City, on the same day in each of two successive weeks, the date of the first publication to be not later than January 19, 2002. A substantial copy of this Ordinance shall serve as proper notice of the election. Additionally, this notice shall be posted on the bulletin board used for posting notices of City meetings not later than 21 days prior to election day. Section 10. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance shall be held invalid or unconstitutional by fmal judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance, for it is the defmite intent of the City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be givep full force and effect for its purpose. PASSED AND APPROVED, this 12th day of November, 2001. CITY OF ~TE By: ttr!r7tJ/f] ,p~ Nonnan . Malone ~ Mayor ATTEST: 't!t. dftu'!".; r1 PkLlb(" City Secretary ~D' ./// ~fj(.d~-V City Attorney e e CERTIFICATE FOR ORDINANCE We, the undersigned Mayor and City Secretary of the City of La Porte, Texas (the "City"), hereby certify as follows: 1. The City Council ofthe City (the "Council") convened in regular session, open to the public, on November 12, 2001, at the meeting place designated in the notice (the "Meeting"), and the roll was called ofthe members, to wit: Norman Malone, Mayor, and the following City Council members: Jerry Clarke, Chuck Engelken, Alton Porter, Guy Sutherland, Howard Ebow, Charlie Young. James Warren, and Peter Griffiths. All members of the Council were present, except , thus constituting a quorum.. Whereupon among other business, the following was transacted at the Meeting: a written Ordinance entitled AN ORDINANCE ORDERING A BOND ELECTION; FIXING THE TIME, PLACE, AND MANNER FOR HOLDING THE ELECTION; ESTABLISHING POLLING PLACES; AND ORDERING OTHER MATTERS RELATING THERETO (the "Ordinance") was duly introduced for the consideration of the Council and read in full. It was then duly moved and seconded that the Ordinance be fInally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Ordinance prevailed and carried by the following vote: YES: q NOES: ABSTENTIONS: 2. A true, full, and correct copy of the Ordinance adopted at the Meeting is attached to and follows this Certificate; the Ordinance has been duly recorded in the Council's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of the Meeting pertaining to the adoption of the Ordinance; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Council as indicated therein; each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Ordinance would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, te the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code. 3. Martha Gillett is the duly appointed and acting City Secretary of the City. SIGNED AND SEALED THIS November 12, 2001. L{!l &fI1tL 1/;//iJ/- City Secretary City of La Porte, Texas ~~~ ~ City of La Porte, Texas (CITY SEAL) 063939,0001 AUSTIN 253222 vI e e NOTICE OF ELECTION TO THE RESIDENT. QUALIFIED ELECTORS OF THE CITY OF LA PORTE. TEXAS: TAKE NOTICE that an election will be held in the City of La Porte, Texas as provided in ORDINANCE NO. , AN ORDINANCE ORDERING A BOND ELECTION; FIXING THE TIME, PLACE, AND MANNER FOR HOLDING THE ELECTION; ESTABLISHING POLLING PLACES; AND ORDERING OTHER MATTERS RELATING THERETO, duly passed by the City COtmcil of said City which Ordinance is substantially as follows: 063939.0001 AUSTIN 249510 v2 e EXHIBIT "A" Election Precinct No. Name and Address of Precinct Lomax Elementary School (Entry Area) 10615 North Avenue "L" La Porte, Texas 77571 2 Baker School (Entry Area) 6000 West Main Street (West Main and Underwood Road - enter off Spencer/Main) La Porte, Texas 77571 3 Rizzuto Elementary School (Cafetorium) 3201 Farrington Boulevard La Porte, Texas 77571 4 Dewalt Alternative School (Library) 401 North 2nd Street La Porte, Texas 77571 5 La Porte Independent School District Technology Support Center 301 East Fairmont Parkway La Porte, Texas 77571 6 La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 e Election Officials Melody Elledge, Presiding Judge Jeannie Lunsford, Alternate Presiding Judge Inge Browder, Presiding Judge Kelley Lannie, Alternate Presiding Judge Joeena Davis, Presiding Judge Jeannie Zemanek, Alternate Presiding Judge Betty Moore, Presiding Judge Francis Jordan, Alternate Presiding Judge Cathy Emrick, Presiding Judge Mary Ann Trainer, Alternate Presiding Judge Jim Zoller, Presiding Judge Elizabeth Brown, Alternate Presiding Judge . . . e e, f' e CONSENT AGENDA e e e A e e Agenda Date Requested: November 12 2001 Appropriation Requested By: Source of Funds: 2000-2001 LLEBG Department: Polic~ Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: HTE Proposal Amount Requested: .:17,1?R 00 Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION The La Porte Police Department recently acquired a laptop system for our officers to use in their patrol units. Due to the slow transmission time for offense report writing it has become necessary to purchase some software that will speed up and enhance our capability of doing offense reports from the field. HTE has the Report Writer program which specifically addresses this issue. The Report Writer program will cost $42,278.00 plus $4,850,00 for maintenance. To fund this purchase the Bureau of Justice Assistance has authorized the City to combine the funds from the LLEBG 2000 and LLEBG 2001 grants to purchase this system. This proposal was presented to the LLEBG 2001 Advisory Board on September 28, 2001 and was approved to purchase the software with grant funds. Action Required bv Council: Request authorization for the Police Department to purchase the Report Writer software for the laptop system with grant funding for the amount of $47, 128.00 Approved for City Council Ae:enda ~ot.J- T. ~ Robert T. Herrera, City Manager \\-<:>l:,.o\ Date It e . UTE, INC. PRICE PROPOSAL for La Porte, Texas, Police Department Product DescriJ}tion November 5, 2001 ,Unit QTY Price License Fees Annual Maintenance Warranty Period APPLICATION SOFTWARE PROPOSED Field Reporting for CRIMES - Server - 11-25 users 1 $10,200.00 $ 10,200.00 $ 1,850.00 120 days Field Incident Reporting 20 $ 750.00 $ 15,000.00 $ 3,000.00 120 days Less 4th Quarter Discount $ (1,260.00) N/A Total Application Software: $ 23,940.00 $ 4,850.00 TRAINING & IMPLEMENTATION (travel & related expenses to billed seDaratelv) Field Reporting for CRIMES - Server - Installation $ 3,000.00 Field Incident Reporting for CRIMES - Training - 4 daysl1 trip $ 4,000.00 Total Training & Implementation: $ 7,000.00 ornER SERVICES Project Management - Level I Field Reporting Hardware - Server - See Attached Total Other Services: $ 3,000.00 $8.338.00 $ 11,338.00 TOTAL BTE PROPOSAL $ 42,278.00 $ 4,850.00 EXPIRATION HTE prices are valid through December 19, 2001 ONLY. PAYMENT TERMS HTE standard payment terms are 100% of License Fees due upon execution of contract. Training and Conversion are due as delivered. NOTES This quote reflects a "Disk Transfer" or Motorola RF enviornment The client training reflects a train the trainer environment. e e B e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AUl!ust 27.2001 Requested By: J. L. Sease >1;// / Department: Emerl!encv Services Appropriation Account Number: 001-5059-522-8023 Account Number: 023-9904-580-8011 Report: X Resolution: Ordinance: Amount Budgeted: $23.775 Exhibits: Memo from Rav Nolen. Asst EMS Chief Amount Requested: $19.697.50 Exhibits: Price Ouotations from Sweet Computer Budgeted Item: X YES NO Exhibits: SUMMARY & RECOMMENDATION The City of La Porte currently uses computer software from Sweet Computer Services for EMS Billing. The Paramedics fill out their report forms by hand and then the EMS Billing Secretary enters all of the data in the computer using our Sweet Computer Services software A2000. We have studied the best route to take in expanding our use of computers to increase our efficiency. Sweet Computer's "Amazon" version of their software was selected as the most logical way to go. Weare requesting to purchase two modules for our upgrade, Amazon Field Data Central, which will allow our paramedics to enter their data to computers instead of on paper. The Amazon Billing Upgrade will allow our current software to communicate with the Field Data software. Weare requesting that the City Council approve the purchase of the two software systems in the amount of $19,697.50. Action Required bv Council: Approve purchase of the requested two software packages from Sweet Computer Services in the amount of $19,697.50. Approved for City Council Ae:enda G~T,~ Robert T. Herrera, City Manager \\-015- 0 \ Date e e City of La Porte Emergency Medical Service Interoffice Memo Tcx Joe Sease, Emergency Management Director FI'OI'IK Ray Nolen, Asst. EMS Chief CC: Dalec 10/31/01 Rec: Sweet Software Purchase for Agenda A decision was made in 1999 to computerize the current EMS paper report forms. These forms are in triplicate form and computerizing them would help improve quality assurance, lessen the time Paramedics spend on data input and assist with expediting collections. Funds were requested and approved by city council in the amount of $16,000 for the 2000-01 fiscal year. The funds have not yet been utilized however due to the company (Sweet Computer Services) that we had intended on using advising us that they no longer offered that version of software and that they were currently in the process of developing a newer version which would not be available for approximately one year. Sweet Computer Services was obtained by LPEMS several years ago to computerize our current billing system and it was our belief that we would be better served by waiting on them to develop the "Amazon Field Data Central" software due to it interfacing better with their current "Amazon" billing software. In the interim, we looked at several other software companies to indude HTE and were very dissatisfied with what they had to offer in comparison to the previews that Sweet Computer Services had given us on the "Amazon Field Data Central' software. In September of this year (2001) Sweet Computer Services announced that the "Amazon Field Data Central" version of their software would be available in December and that they recommend that we interface it with the newer version of their billing software "Amazon", which is more user friendly and will decrease the amount of time it takes to enter data. We currently have the older version "A2000" and would like to upgrade to "Amazon." Costs: Amazon Field Data Central- $8,775.00 (This quoted price was discounted for us by approximately 50% due to this being a promotional sale and us being an original customer of Sweet Computer Services) Amazon (billing upgrade) - $10,922.50 (The funds for this purchase are being made possible due to the above listed discount along with additional funds generously provided by MIS) e e Total: 19697.50 The $16,600 was encumbered from 2000-01 to 2001-02 according to finance. Budget codes are available if needed. These quotes do include technical support and multiple station users. . Page 2 "l Sales Order ~ 10/12/2001 I SaId By: Meindl! :> . ::> - 5jl ~r: Accounl t: TX053 Addillolloll Tenns ancl Conclllons: 'hyslc" 604 West Fairmont ParkWay Udlllll PO Box 1115 Sweet Computer Services, Inc. collects ,.~.: Add....: sales tax In the ata... of Iowa and CIty: La Porte Cltr. La Porte Michigan. For an other stales, unless TX 77571 TX 77571 aJstomer Is st8te sales tax exempt, State: ZIp: atot.: Zip: customer Is responsible for paying any Ray Nolen (281)411-9244 applicable lJ$8 tax directly to the state. Contac;1: 'Ilone.: Please provtde a state sales tax exempt Assistant Chief, LPEMS (281}470-8S23 certltlcate If exempt. Tlllr. F....: . I I - Billmg ! P.l'r'mCT'1t Instructl(\!1S Payment terms are as agreed In the sweetSoftTlol SoftWare License and Ird (4) Users $ 10,897.50 Down payment of 50% before software Is shipped. , Serviea.Agreement unless otherwise Included Final payment upon completion of training. Indicated on this Sales Order Form. An - Programs and Services provided under n Included .<l and governed by the terms and :.J - .... Included COmlTleflt~ conditions of the SOftwar. License and >- - Service Agreement. This sales order Is ~ ,nodule Included valid for 30 days, $ales orders not ~ - n Included .See Attached r,.lnlng Addendum. signed and returned to Sweet Computer - Services. Inc. .;U;er by fax or mall, ~ Included .<l - within the 30 day time period are null .... ;;) Module Included Attached Amazon Hardw8re Speclfh:atJons. and void. You agree to III terms and J., - conditions by your signature below. 3\ - Included UP to 50,000 calls) Included Customer must have one copy of Microsoft SQL 7.0 with ..... . 5 user license or glUier. NOTE: Customer must have 8 current ~ copy of PC Anywhere Installed and .<l ~ functioning on the system where the n product on this sales order WIll be Training datu will be booked Iffer dOwn payment i$ Installed . received and lifter the softwar. hes been successfully instal/ed. Generally, training will be 4-6 weeks following Instal/stran. ~ t ~ ..... t) "l Sub. Total: $ 10,897.50 "l Le.. DllICOUnt: $ - ~ '? state Sales Tax : $ - Llcens. T.rm: SwaetSoft License Agreement D t) ShippIng .nd Handling: $ 25.00 D..lgnated SItes: - ~ Grand Total: $ 10,922.50 F.d....1 Tax 10 1\1: ....e.... - .. , >> ..... .. custom.r Authorized S1gn8llA_ 0aI0. t) ..... ..... SWealSoft _ortzBd SlplU",_ ~ :> '- "l ..... '- :;) -< , ... -< n "I "I ... :") :0 n ~ ;r. ::;) "I n -< -< ::;) "- "I -< "- ::;) -< n :Il ;) ... > X :Il n X :Il '-< ';;J :l., :I!! ~ ;) '-< ~ .il ~ "/l SweolScft Aulhori:ted 519-, ~ 0_ Sub . Total: leiS DlIC:OUnt: Stat. sal.. Tax : Shipping and Handllng: CUIlomIr Aulho~Zed S1gna1l.nl, Grand Total: $ $ $ ~ $ Llcens. Term: 25.00 D..lgn.ted Sltl!l: 8,775.00 FedIlfllITIXID~ 8,750.00 Om, SweetS oft License Agreement General AveUabll1ty li'proJected to be Decembet' 31, 2001. . Insfalllttlon by Sweet Is Price does not Include hardw8re, and training. custom programming, Attached Amazon Hardw8re Speclflcatlons. LPEMS lemmriT__ Amazon Field Data Central Amazon Field Data Ucenses Annual Support on Field Data 3 8,750.00 Included Included 25% due with order; 25% due 30 days prior to shipment; balance due 30 days after receipt of software. :"l ::;) ::> ~ tlllr. Canlact: CuaIOmr. ~ AddIuS: ext,.. per Pc. 604 West Fairmont Parkway CIty: La Porte hla: TX Zip: 77571 Ray Nolen Assistant Chief, $ Fu' PbOIlO . Account.: MoIling Ad_: City: Slale: TX053 PO Box 1115 La Porte TX Zip: (281}471-9244 (281)470-8523 Sales Order 77571 D.lte SoId:I 10/12/2001 IlIokI8y. Melinda Additional T arm. end Concllllon.: Sweet Computer Services, Inc. collects sales tax In the statel of Iowa and Michigan. For all other states, unless alstomer Is state sales tax exempt. alstomer Is responsible for paying any applieable use tax directly to the state. Please provide a state sales tax exempt certificate if exempt. Payment terms are as agreed In the Swee1SoftTII Software Ucense and ServIce-Agreement unless otherwise Indicated on this Sales Order Form. All programs and Services prov1cled under snd govemed by tile tenns Ind conditions of the Software License and Service Agreement This sales order Is valid for 30 clays, Sales orders not signed and retumed to Sweet Computer Services, Inc. either by fal( or mail, wllhln the 30 day time period are null and voId. You agree to an terms and conditions by your signature below. NOTE: Customer must have a ClIrrent copy of PC Anywhere- Installed and functioning on the system where the product on t~ls sales order will be installed. e Field Data Highlights Amazon Field Data -This dynamic, easy-to-use, Windows-based program will allow you to effectively and securely capture and track all scene and inter-facility transfer data, creating a professional medical/legal patient care report (peR) with added emphasis on medical necessity requirements. In addition, since Amazon Field Data is part of the Amazon suite of products, you have the option of seamless integration with Amazon Billing thereby reducing the costs associated with duplicate data entry. Some of Amazon Field Data's unique features: . A documentation format which specifically addresses critical medical necessity questions to ensure accurate and effective billing. . HIPAA compliance features ensure privacy and confidentiality of personal health information. . Comprehensive Report Generator - Operating with the same flexible, easy-to-use, .click and go" reporting power as used by Amazon Billing, this Report Generator gives you the ability to easily generate and create your internal and external operations' evaluation reports, as well as QA reports, as your needs dictate. . A scrollable user interface and .jump" buttons provide logical orientation during the data entry process. . Additional patients can be attached to a call with .single button" ease, Other introductory features: . Capture of the required NHTSA data set. . Patient condition dictates the presence of specific trauma, medical or cardiac arrest data sections. . User-definable picklists accommodate multiple selections to speed data entry, . Electronic signature capture of crewmembers, patients and receiving healthcare providers. . Unlimited entry of patient vitals, medical Hx, procedures and Rx. . Dedicated fields for cardiac rhythm logging, . Ability to track protocol deviation by crewmembers on a patient-by-patient basis, . Ability to create addendums for "locked" patient care reports, Future Enhancements: . Interface capability with Amazon CAD, . .Next generation" user-definable protocol. . Identification of required data fields. · User-definable data fields for custom statistical tracking. SWEET - An Ortivus Company <U5 Highway 153 North West Union, fA 52175 (800) S37.::B27 fax - (563) 422-5147 ~stem Desi~ Here's a look at the technical design behind this dynamic program: . Seamless integrated database with Amazon Billing - Reduces duplicate data entry by consolidating all patient and. call information into a central repository under the control of the database administrator. . Utilizes the HL7 standard enabling Amazon Field Data to interface with a much broader range of healthcare applications including hospital data systems. . Administrator setup and configuration control - Field Data uses the same flexible administrator setup used by Amazon Billing which gives you control of your system data from the field to office, . Designed exclusively for Microsoft Windows@ NT v4.0, 2000 and XP operating systems. . 32-bit relational database management design, · Fast & easy graphical user interface - accommodates many skill levels by permitting a variety of methods for data entry to adapt to a user's ability and improve the speed and accuracy of documentation. Hardware specifications Pentium 111- 400 Windows NT 4,O/20001XP 4 GB usable disk space 256 MB RAM Monitor supporting a minimum of 800x600 resolution 10/100 Base T network adapter Microsoft Internet Explorer 5,OTM or higher NOTE: The offICial release of this al13a of AmaZOII is scheduled for Q4 2001, This document is prepared exclusively for the purpose of introducing the highlights of this system for client review, All features and functions are subject to change until the offICial release. Marketing Department Revised 8116101 sales@s~,com www.awee/cs.com M:'bevVJ11Field Oeta CoI/ec6onsIFDC Oeta Sheet.doc e e '. . . e e CITY OF LA PORTE PUBLIC WORKS DEPARTMENT Memo To: Robert T. Herrera, City Manager From,Steve Gillett, Director of Public WOrkS~ CC: John Joerns, Assistant City Manager Date: 11/06/01 Re: Fall Traffic Hump Application The City has received one (1) traffic Hump application for Collingswood in Fairmont East, from Pecan to Driftwood. The Public Works Department has scheduled a Traffic Hump Informational Meeting for Wednesday, November 14, 2001 at 6:30 PM in the Council Chambers of City Hall. If you have any questions, please advise. . Page 1