HomeMy WebLinkAbout2001-11-12 Regular Meeting
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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:
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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
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RESOLUTION
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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
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INTERLOCAL AGREEMENT
HARRIS COUNTY ORGANIZED
CRIME AND NARCOTICS TASK FORCE GRANT
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This Interlocal Agreement (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:
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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
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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
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derived therefrom and agrees to execute any document or record and to assist in any manner to
establish such ownership in 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.
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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
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warrant and represent to each other that they are self-insured or commercially insured for
all claims falling within the Tort Claims Act.
(b) Each party to this Agreement agrees that it shall have no liability whatsoever for the
actions or omissions of an individual employed by another party, regardless of where the
individual's actions occurred. Each party is solely responsible for the actions and/or
omissions of its employees and officers.
8.01 To the extent required by law, La Porte shall comply with all applicable laws, standards, orders
and regulations regarding equal employment which are applicable to La Porte's performance of
this Agreement, including Executive Order No. 11246, as amended, and 41 C.F.R., which are
incorporated herein by reference.
ARTICLE IX.
Amendments
9.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing to be
attached to and incorporated into this Agreement.
ARTICLE X.
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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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. Exp. 08.22-2C"l,~ ::
11111111111111 II I 1 1 I I II I I 1111 11m U J Il JJllf/~; II' Fr
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PUBLICATION DATE:
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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
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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; .
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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
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ATTEST:
~tk1/JtL Ct. /iiLttl
Mart a A. Gillett
City Secretary
~~
x W. Askins
City Attorney
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_:)'"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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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 \
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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
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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
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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
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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
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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.
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October 19, 2001
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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.
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October 19, 2001
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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.
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October 19, 2001
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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
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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
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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
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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
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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.
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ORDINANCE NO. 2001-
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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
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No n L. Malon,
Mayor
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702 W. FAIR MONT PARKWAY
P..O. BOX 1218
LA PORTE. TEXAS 77572-1218
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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
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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
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SPECIAL WARRANTVDEED
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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.
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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.
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CITY OF LA PORTE
By: G?~ 'I, ~~
ROBERT T. HERRERA
City Manager
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ATTEST:
L{)J t2CtJti0 tl. /(ttttZ'
City Secretary
STATE OF TEXAS
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FILE FOR Rt
8:00 AM COFiD
NOV 2 7 200t
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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.
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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.
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fROPWT IECAUit Of COlOR OR RACE S Ir/AllllJIO UNENFOIICEAIU UNDER fEOERAllAW
THE ST ^ TE OF TEXAS
COUNTY OF Hl'.RRIS
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JIlnpod.... br ...; nlns ikIr RECORa:D.III.... 0IciraI Nir: Rocri ri AU P"'!*lT ri Ibnis
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COUNTY CLERK
HARRIS COUNTY, TEXAS
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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) :
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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.
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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.
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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.
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plural.
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By:
CITY OF LA PORTE
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ROBERT T. HERRERA
City Manager
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ATTEST:
;L!!j {l~ {j dr//ll
C t Secretary
STATE OF TEXAS
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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 ::
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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.
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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!
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COUN1Y CLERK
HARRIS COUNTY, TEXAS
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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.
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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, ~,
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Knox W. Askins,
City Attorney
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702 W. FAIRMONT PARKWAY
P.O. BOX 121B
LA PORTE. TEXAS 77572-1218
b'J;
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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
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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.
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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
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ATTEST:
Lj!J(JI-Mrt, () &U/
CJ.t Secretary
STATE OF TEXAS
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,"FILE FOR
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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..
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PREPARED IN THE LAW OFFICE OF:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
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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
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NOV 2 7 2001
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COUNTY CLERK
~RRIS COUNTY, TEXAS
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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
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Date
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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.). ,.
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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
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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
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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
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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
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MDN Enterprises
21371 US Hwy 59 N.
New Caney, TX 77357
Phone: (281) 354-9621
Fax: (281) 354-9637
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LINE "0" DOLLAR GENERAL
TO SELF SERVICE STORAGE
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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
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Date
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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
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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.
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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
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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
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City of La Porte, Texas
(CITY SEAL)
063939,0001 AUSTIN 253222 vI
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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
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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
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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
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CONSENT AGENDA
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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
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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.
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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
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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)
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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",_ ~
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SweolScft Aulhori:ted 519-,
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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
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::>
~
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.
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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
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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.
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