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Home My WebLink About2002-05-20 Special Called Regular Meeting of La Porte City Council MINUTES OF THE REGULAR MEETING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL MAY 20, 2002 1. 2. 3. 4. Call to Order The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilpersons Chuck Engelken, Howard Ebow, Alton Porter, Peter Griffiths, James Warren, Charlie Young, Mike Mosteit, Bruce Meismer and Norman Malone Members of Council Absent: None Members of City Executive Staff and City Employees Present: City Attorney Knox Askins, City Manager Robert Herrera, Assistant City Manager John Joerns, City Secretary Martha Gillett, Assistant City Secretary Shazon Harris, Director of Administrative Services Cazol Buttler, Purchasing Manager Susan Kelley, Police Chief Richard Reff, Director of Parks and Recreation Stephen Barr, Administrative Assistant to the City Manager Crystal Scott, Director of Finance Cynthia Alexander, and Director of Public Works Steve Gillett Others Present: Sib Carpenter, Darrell Harman, Helen Harman, Ronnie C. Hedrick, Sr., J. D. Gettings, Barbara Norwine, Dave Turnquist, Miriam Gore, Spero Pomonis, Reverend Oliver Stillwell, Guy Sutherland, Colleen Hicks, Barry Beasley, John Hambrick, and Marilyn Hambrick Reverend Oliver Stillwell of First Assembly of God Church of La Porte delivered the invocation. Mayor Norman Malone led in the Pledge of Allegiance. Council considered approving the Minutes of the Special Called Regulaz Meeting on May 7, 2002. Motion was made bX Councilperson Porter to approve the Minutes of the Special Called Regulaz Meetin~on May 7.2002. Second by Councilperson Warren. The motion carried. Ayes: Engelken, Griffiths, Warren, Young, Mosteit, Meismer, Ebow, Porter and Malone Nays: None Abstain: None 5. PRESENTATION Mayor Norman Malone presented the President of the Southeast Branch of Public Works Cheryl Harris and Public Works Director of La Porte, Texas Steve Gillett with a proclamation in honor of "National Public Works Week". Mayor Norman Malone presented Emergency Medical Services Chief Chris Osten, Paramedic III Tim Murnane, Pazamedic I Shawn Debello, and Paramedic I Anthony Scopel with a proclamation in honor of "Emergency Services Week". City Council Minutes 5-20-02 -Page 2 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS CITY COUNCIL Citizen Darnell Harmon of 2210 Lomax Drive, La Porte, Texas, voiced his concerns regarding flooding at his home and the storm sewer flooding in the Lomax area. 7. Council considered approval or other action regarding a resolution authorizing the City Attorney to negotiate the acquisition of three tracts of land for the City's public golf course. Golf Course Manager Alex Osmond presented summary and recommendation and answered Council's questions. City Attorney read: RESOLUTION 2002-26 - A RESOLUTION AUTHORIZING THE ACQUISITION OF THREE TRACTS OF LAND FOR PUBLIC PARK PURPOSES IN THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF. Motion was made by Councilperson Engelken to approve a resolution authorizing the acauisition of three tracts of land as presented by Mr. Osmond. Second by Councilperson Ebow. T'he motion carried. Ayes: Engelken, Griffiths, Warren, Young, Mosteit, Meismer, Ebow, Porter and Malone Nays: None Abstain: None 8. Council considered approval or other action regarding a resolution authorizing the acquisition ofrights-of--way for the construction of Bay Area Boulevard. City Manager Robert Herrera presented summary and recommendation and answered Council's questions. City Attorney read: RESOLUTION 2002-27 - A RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHTS-OF-WAY FOR ROAD RIGHT-OF-WAY PURPOSES, FOR THE CONSTRUCTION OF BAY AREA BOULEVARD FROM APPROXIMATELY 500 FEET NORTH OF SPENCER HIGHWAY TO APPROXIMATELY 500 FEET SOUTH OF FAIRMONT PARKWAY, IN THE CITY OF LA PORTE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF. Motion was made by Councilperson Griffiths to approve a resolution authorizing the acquisition of ri is-of--way for the construction of Bay Area Boulevard as presented by Mr. Herrera. Second by Councilperson Ebow. The motion carried. Ayes: Engelken, Griffiths, Warren, Young, Mosteit, Meismer, Ebow, Porter and Malone Nays: None Abstain: None 9. Council considered approval or other action regarding an ordinance recommending that the City of La Porte enter into an agreement with MBIA MuniServices Company for review and recovery of Sales and Use taxes. • City Council Minutes 5-20-02 -Page 3 Director of Finance Cynthia Alexander presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2002-2553 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND MBIA MUNISERVICES COMPANY, FOR ECONOMIC FORECASTING, INCLUDING REVIEW OF SALE AND USE TAX REVENUE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF. Motion was made ~ Counci~person Engelken to approve an ordinance aynro•~ing ~d authorizing an agreement between the City of La Porte and MBIA MuniServices Company as presented by Ms Alexander. Second by Councilperson Ebow. 'The motion carried. Ayes: Mosteit, Engelken, Griffiths, Warren, Young, Meismer, Ebow, Porter and Malone Nays: None Abstain: None 10. Council considered approval or other action regarding an ordinance approving and authorizing a proposed Service Agreement between the City of La Porte, Tax Increment Reinvestment Zone (TIRZ), and La Porte Redevelopment Authority. City Manager Robert Herrera presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2002-2554 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR SERVICES BY AND BETWEEN THE CITY OF LA PORTE, TEXAS; TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, AND THE LA PORTE REDEVELOPMENT AUTHORITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF. Motion was made by Councilperson Griffiths to approve an ordinance authorizing a proposed Service Agreement between the City of La Porte, Tax Increment Reinvestment Zone and La Porte Redevelopment Authori as presented by Mr. Herrera. Second by Councilperson Engelken. The motion carried. Ayes: Mosteit, Engelken, Griffiths, Warren, Young, Meismer, Ebow, Porter and Malone Nays: None Abstain: None 11. Council considered approval or other action regarding an ordinance approving and authorizing the proposed professional services agreement with Civil Tech Engineering, Inc. Assistant City Manager John Joerns presented summary and recommendation and answered Council's questions. • • City Council Minutes 5-20-02 -Page 4 City Attorney read: ORDINANCE 2002-2555 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND CIVIL TECH ENGINEERING, INC., FOR PREPARATION OF A MASTER WATERSHED PLAN FOR THE TAYLOR BAYOU WATERSHED; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Porter to approve an ordinance authorizin~an agreement between the City of La Porte and Civil Tech En ing eating, Inc. Second by Councilperson Griffiths. The motion carried. Ayes: Mosteit, Engelken, Griffiths, Warren, Young, Meismer, Ebow, Porter and Malone Nays: None Abstain: None 12. Council considered approval or other action regarding an ordinance authorizing the City Manager to execute a Lease and Rental Agreement and Security Agreement between the City of La Porte, D.E. Aviation and 15~ Choice Bank of South Houston. Director of Public Works Steve Gillett presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2002-2556 - AN ORDINANCE APPROVING AND AUTHORIZING THAT CERTAIN LEASE AND RENTAL ASSIGNMENT AND SECURITY AGREEMENT, BY AND AMONG D.E. AVIATION, INC.; 1sT CHOICE BANK, SOUTH HOUSTON, TEXAS, AND THE CITY OF LA PORTE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Griffiths to approve an ordinance authorizin thg e City Manager to execute a Lease and Rental Agreement and Securit~greement as presented by Mr. Gillett. Second by Councilperson Young. The motion carried. Ayes: Mosteit, Engelken, Griffiths, Warren, Young, Ebow, Porter, Meismer, and Malone Nays: None Abstain: None 13. Council considered approval or other action regarding authorizing a Special Called City Council Meeting on June 4, 2002 to canvass the votes for the June 1, 2002 run-off. Motion was made by Councilperson Griffiths to approve the Special Called City Council Meeting on June 4, 2002. Second by Councilperson Engelken. The motion carried. Ayes: Mosteit, Engelken, Griffiths, Warren, Young, Meismer, Ebow, Porter and Malone Nays: None Abstain: None City Council Minutes 5-20-02 -Page 5 14. Consent Agenda Council considered a consent agenda as follows: Award bid for furnishing garbage bags to Dyna-Pak. • Motion was made by Councilperson Engelken to approve Consent Agenda. Second by Councilperson Griffiths. The motion carried. Ayes: Mosteit, Engelken, Griffiths, Warren, Young, Meismer, Ebow, Porter and Malone Nays: None Abstain: None 15. Workshop was called order by Mayor Norman Malone at 6:55 p.m. The following items were discussed during the Workshop session: City Manager Robert Herrera and City Secretary Martha Gillett discussed the proposed redistricting map. 16. Closed Workshop and reconvened Regular Meeting at 7:25 p.m. 17. Administrative Reports City Manager Robert Herrera reminded Council of the Memorial Day holiday on May 27, 2002, the Run-off Election on June 1, 2002, and the Regular City Council Meetings on June 10, 2002 and June 24, 2002. 18. Council Comments Councilpersons Mosteit, Engelken, Griffiths, Porter, Warren, Young, Ebow, Meismer and Mayor Malone brought items to Council's attention. 19. EXECUTIVE SESSION -PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, 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) There was not an Executive Session. 20. Adjournment There being no further business to come before Council, the Special Called Regular Meeting was duly adjourned at 7:35 p.m. ~~ City Council Minutes 5-20-02 -Page 6 Respectfully submitted, /~,~~j~i~i~~ artha Gillett City Secretary Passed and approved on this the 4th day of June 2002. ~,f Orman Malone, Mayor REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: OS/20/02 /~~ Requested By: Alex O~mond {jZJ Appropriation Source of Funds: Department: !\dmiAilitntioA Account Number: Report: Resolution: x Ordinance: Amount Budgeted: Exhibits: Resolution No. 2002 Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Staff is requesting approval of a resolution to authorize the City attorney to negotiate the acquisition of three tracts ofland. These properties would be used for access to the City's public golf course. Action Reauired bv Couucil: To approve Resolution No. 2002. Approved for City Council A2enda ~~ T. \\~ Robert T. Herrera, City Manager 5- \ CD. Od-... Date RESOLUTION NO. 2002-1v A RESOLUTION AUTHORIZING THE ACQUISITION OF THREE TRACTS 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 three tracts 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 tracts of land hereinafter described are 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 tracts of land for public park purposes, located in Harris County, Texas, said tracts of land being more particularly described as follows, to-wit: TRACT 1: Lot 16, in Block 1219, of Town of La Porte, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in the Office of the County Clerk of Harris County, Texas; TRACT 2: Lot 1, in Block 1254, of Town of La Porte, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in the Office of the County Clerk of Harris County, Texas; TRACT 3: Lot 32, in Block 1254, of Town of La Porte, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in the Office of the County Clerk of Harris County, Texas; 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 tracts 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 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. 2 section 3. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this~ day of ~, 2002. CITY OF LA PORTE ~~~ By: ATTEST: ~~~~lattl1JL<</ City Secretary APP~VED :j U4 tv! 0iI(~ Knox W. Askins City Attorney 3 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: May 20,2002 Source of Funds: Requested By: John Joems Account Number: Department: Administration Amount Budgeted: Report: _Resolution: ~ Ordinance:_ Amount Requested: Exhibits: Resolution with Metes and Bounds Descriptions and Maps Budgeted Item: YES . Summary and Recommendation The City and Harris County are working together to extend Bay Area Blvd. from approximately 500 feet north of Spencer Highway to approximately 500 feet south of Fairmont Parkway. According to a preliminary engineering report prepared by the County's engineering consultant, additional right-of-way needs to be acquired to complete this project. In August 2001, Council passed a Resolution authorizing the acquisition of certain property to facilitate the construction of Bay Area Blvd. Since the passage of that resolution, changes have been made to the proposed alignment of the roadway and additional property owners will be affected by the project. This Resolution authorizes Knox Askins, City Attorney to represent the City in the acquisition of the property described in the attached metes and bounds descriptions. It further provides that in the event the owners and the City cannot agree on fair market value of the property, the City Attorney is authorized to initiate eminent domain proceedings to acquire the properties. Council will be informed of any recommendation to initiate eminent domain proceedings. This Resolution and attached documentation will be filed for record at the Harris County Courthouse. This information will be picked up by future land title searches and therefore will alert potential buyers of these properties that the City intends to acquire these properties for this project. The tracts referenced in this Resolution are located at the intersection of West Main and Sens Road / Bay Area Blvd. The last exhibit attached to the Resolution is for a tract currently owner by LPISD. Although this tract is not needed for the Bay Area Blvd. project, the future widening of Sens Road will require this right-of-way tract. Action Required by Council: Consider approval of a Resolution authorizing the acquisition of rights-of-way for the construction of Bay Area Blvd. Approved for City Council Aeenda CR~ T ~ Robert T. Herrera, City Manager s- l 6, 0 d- Date RESOLUTION NO. 2002-~ A RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHTS-OF-WAY FOR ROAD RIGHT-OF-WAY PURPOSES, FOR THE CONSTRUCTION OF BAY AREA BOULEVARD FROM APPROXIMATELY 500 FEET NORTH OF SPENCER HIGHWAY TO APPROXIMATELY 500 FEET SOUTH OF FAIRMONT PARKWAY, IN THE CITY OF LA PORTE, CONTAINING A REPEALING CLAUSE, 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 location of rights-of-way for road right-of-way purposes on the hereinafter described real property, in the City of La Porte, Harris County, Texas, for the construction of Bay Area Boulevard from approximately 500 feet north of Spencer Highway to approximately 500 feet south of Fairmont Parkway; and WHEREAS, the City Council of the City of La Porte has found and determined that rights-of-way over and across the hereinafter described real property are suitable and needed for road right-of- way purposes, and that it is necessary to acquire same for road right-of-way 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 rights-of-way for road right-of-way purposes, located in Harris County, Texas, said rights -of -way being more particularly described on the several metes and bounds descriptions and plats, attached hereto, incorporated by reference herein, and made a part hereof for all purposes, 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 rights-of-way, 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 road right -of -way purposes. Section 2. Resolution No. 2001-07, passed and approved August 13, 2001, is hereby repealed, to the extent of conflict with this Resolution. section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 4. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this 20th day of May, 2002. CITY OF LA PORTE '~"I"" _ " y .~1,;_~n"~ r,45I~:" ..( ".:.l,:'-v'i-Y ('" \ "" By: Norman L. Malone, Mayor ATTEST: tJiaitk (j fitl11 Mar ha A. Gil ett, City,Secretary APPR6V~'. /. . .;/. . z;{;cd2'? f ~~ Knox W. Askins, City Attorney 2 Page 1 of 1 Tract 02 Bay Area Boulevard PIN No. B/102/0399/001 METES AND BOUNDS DESCRIPTION DESCRIPTION OF 0.197 ACRES OR 8,580 SQUARE FEET BEING OUT OF A CALLED 3 ACRE TRACT AS CONVEYED BY PARTNERSHIP AGREEMENT DEED DATED JANUARY 12, 1985, FROM THOMAS H. SULLIVAN, EXECUTOR AND TRUSTEE, TO THE LA PORTE PROPERTIES PARTNERSHIP AS RECORDED UNDER HARRIS COUNTY CLERK'S FILE NUMBER J997395 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.197 ACRES BEING OUT OF LOT 80 OF THE LA PORTE OUTLOTS AS RECORDED IN VOLUME 59, PAGE 313, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.197 ACRES BEING SITUATED IN THE RICHARD PEARSALL SURVEY, ABSTRACT NUMBER 625, HARRIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. (All bearings are based on the existing west right-of-way line of Bay Area Boulevard (width varies) as recorded under Harris County Clerk's File Number E351190 of the Deed Records of Harris County, Texas, dated December 13, 1974.) BEGINNING at a 5/8 inch iron rod wfth a cap set for corner at the intersection of the south right- of-way line of Spencer Highway (based on a 108 feet wide right-of-way, Volume 59, Page 313 of the Deed Records of Harris County, Texas) and the west right-of-way line of Sens Road (26th Street) (based on a 105 feet wide right-of-way, Volume 67, Page 1 of the Deed Records of Harris County, Texas and Harris County Clerk's File Number E375198 of the Deed Records of Harris County, Texas) said 5/8 inch iron rod also being the on the east line of said 3 acre tract, from which a 1 1/2" iron bar was found east 4.35 feet and south 3.06 feet; THENCE South 030 00' 26" East, along the west right-of-way line of said Sens Road and the east line of said 3 acres a distance of 408.26 feet to a 5/8 inch iron rod with a cap set for corner in the north line of a called 9.898 acre tract (Tract 2) conveyed by deed dated December 13, 1974 from Stephen T. Cochran, Stedwell Johnston, Eugene B. Smith, and Winston W. Mcintosh, to the City of La Porte as recorded under Harris County Clerk's File number E351190 of the Deed Record of Harris County, Texas ; THENCE South 860 25' 39" West, along the north line of said 9.898 acres, same being the south line of said 3 acres, for a distance of 19.51 feet to a 5/8 inch iron rod with cap set for corner; THENCE North 030 00' 26" West, for a distance of 373.43 feet to a 5/8 inch iron rod with cap set for corner; THENCE North 480 02' 11" West, for a distance of 49.47 feet to a 5/8 inch iron rod with a cap set for cutback corner on the south right-of-way line of said Spencer Highway; THENCE North 860 56' 05" East, along the south right-of-way line of said Spencer Highway, a distance of 54.51 feet to the POINT OF BEGINNING of the herein described tract 0 . and containing within these calls 0.197 acres or 8,580 square feet of land; \ OF l' :'\ t.. ...... f'-t...:~ , 1...\'>,,'()iST~~~~ 0, ."A.ift.). ...;b ~()'. ! ... '"'l~" .. .' . ~ . ~...SC()~i~'.L(3wE.~..~ fj ..a..\lI.....~ ....11..../1 O....IIiC ')IllOG;f "'-0 5007 ,'-.1/ ..' ~ ...~ 'f<~~' .q. $ ......: .f',I1.'S5\9.",o:~ . ~ro "'S.... ..~~}:l Tex.as egistration No. 5007 . . .. .. '. .~.~~",./ (ThiS metes and bounds descnptlOn was prepared In conjunction With a survey prepared . Land Surveying, Inc., Project no. 00010, dated 2/19/01, revised 4/27/01, 3/28/02). AND AND SEAL THIS THE 28TH DAY OF MARCH, 2002 Created by Land Surveying Inc. Z;\Docs\LegaJs\OOO 1 O\TR2APR02.doe lofl LAPORTE PROPERTIES PARttasHIP BAY MfA. OOULlVARD ACOUISIlJON sa. Fr. ACRES PARENT 1RfCT ADOOlONAt. RO... SAN. SWR. rASaIOO' 130,680 8,580 1.8.n. 3.00 0.197 U.n. EXHIBIT "B" 1RACT 2 Prepored by CIty of I.p Porte Engineeflll9 DMsion ". tit; ....... Page 1 of 1 Tract 03 Bay Area Boulevard PIN No. B/102/0399/001 METES AND BOUNDS DESCRIPTION DESCRIPTION OF 0.162 ACRES OR 7,065 SQUARE FEET, BEING OUT OF A CALLED 25.8292 ACRE TRACT AS CONVEYED BY DEED DATED APRIL 15,1981 FROM KENNETH R. BRYAN, TRUSTEE TO LAWRENCE B. CHAPMAN, TRUSTEE, AS RECORDED UNDER HARRIS COUNTY CLERK'S FILE NUMBER G933350 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.162 ACRES BEING OUT OF LOT 61 OF THE LA PORTE OUTLOTS, RECORDED IN VOLUME 5, PAGE 313 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.162 ACRES BEING SITUATED IN THE RICHARD PEARSALL SURVEY, ABSTRACT NUMBER 261, HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. (All bearings are based on the existing west right-of-way line of Bay Area Boulevard (width varies) as recorded under Harris County Clerk's File Number E351190 of the Deed Records of Harris County, Texas, dated December 13, 1974.) BEGINNING at a 5/8 inch iron rod with a cap set at the intersection of the north right-of-way line of Spencer Highway (based on a 108 feet right-of-way, Volume 59, Page 313 of the Deed Records of Harris County, Texas) and the west right-of-way line of Sens Road (26th Street) (based on a variable width, Harris County Clerk's File Number G818256 of the Deed Records of Harris County, Texas and Volume 59, Page 313 of the Deed Records of Harris County, Texas). Said 5/8 inch iron rod also being the southeast corner of said 25.8292 acres; THENCE South 860 56' OS" West, along the north right-of-way line of said Spencer Highway and the south line of said 25.8292 acres for a distance of 50.41 feet to a 5/8 inch iron rod with a cap set for cutback corner; THENCE North 41057' 49" East, leaving the north right-of-way line of said Spencer Highway and with said cutback for a distance of 49.52 feet to a 5/8 inch iron rod with a cap set for cutback corner in the west right-of-way line of proposed Sens Road; THENCE North 030 00' 26" West, for a distance of 383.59 feet to a 5/8 inch iron rod with a cap set for corner in the north line of said 25.8292 acres; THENCE North 860 49' 20" East, along the north line of said 25.8292 acres for a distance of 15.41 feet to a 1-% inch iron pipe found for corner in the west line of said Sens Road; THENCE South 030 00' 26" East, along the west right-of-way line of said Sens Road, and the east line of said 25.8292 acres for a distance of 418.62 feet to the POINT OF BEGINNING of the herein described tract of land and containing within these calls 0.162 acres or 7,065 square feet of land; D SEAL THIS THE 28th DAY OF MARCH, 2002 Created by Land SUIVeying Inc. Z:IDocsILeg.IsIOOO 101 TRJAPR02.doc 1 of 1 "','c-"'>""',.";;"'>::',:_ ".:::.:,"""":',<:":''',;:"""",,,,.,-,;.,.., ,..-.'.c-..,....',., _' ::.-.. : .,:__:",__ "..c....... '.._ ,,:.,.. LAWRENCE B. CHAPMAN. TRUSTEE BAyAAEA BOUlEVARD ACQUIStTION SQ. ft. ACRES PARENT 1RACT mnotW.. -(to.'. SAN.SWR. .EASaIOO .125.119.90 25.82$2 71J65 OJi2 lS.o. TJlA EXHIBIT "8" TRACT 3 Prepared by City of l.o porte Eng-meeting DivisilHl _ 5/'JJm Ae ..~ ..... Page 1 of 1 Tract 04 Bay Area Boulevard PIN No. B/102/0399/001 METES AND BOUNDS DESCRIPTION DESCRIPTION OF 0.159 ACRES OR 6,936 SQUARE FEET, BEING OUT OF A CALLED 6.6322 ACRE TRACT AS CONVEYED BY DEED DATED OCTOBER 29, 1981 FROM THOMAS H. NATION, TRUSTEE TO LAWRENCE B. CHAPMAN, TRUSTEE, AS RECORDED UNDER HARRIS COUNTY CLERK'S FILE NUMBER H205928 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.159 ACRES BEING OUT OF LOT 60 OF THE LA PORTE OUTLOTS, RECORDED IN VOLUME 5, PAGE 313 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.159 ACRES BEING SITUATED IN THE RICHARD PEARSALL SURVEY, ABSTRACT NUMBER 261, HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. (All bearings are based on the existing west right-of-way line of Bay Area Boulevard (width varies) as recorded under Harris County Clerk's File Number E351190 of the Deed Records of Harris County, Texas, dated December 13, 1974.) COMMENCING at a 5/8 inch iron rod with a cap set at the intersection of the north right-of-way line of Spencer Highway (based on a 108 feet right-of-way, Volume 59, Page 313 of the Deed Records of Harris County, Texas) and the west right-of-way line of Sens Road (26th Street) (based on a variable width, Harris County Clerk's File Number G818256 of the Deed Records of Harris County, Texas and Volume 59, Page 313 of the Deed Records of Harris County, Texas). Said 5/8 inch iron rod also being the southeast corner of a called 25.8292 acre tract conveyed by deed dated April 15, 1981 from Kenneth R. Bryan, Trustee to Lawrence B. Chapman, Trustee as recorded under Harris County Clerk's File number G933350 of the Deed Record of Harris County, Texas; THENCE North 030 00' 26" West, along the west right-of-way line of said Sens Road, and the east line of said 25.8292 acres for a distance of 418.62 feet to a 1-1/2" iron pipe found for the southeast corner of said 6.6322 acres and POINT OF BEGINNING of the herein described tract; THENCE South 860 49' 20" West, along the south line of said 25.8292 acres for a distance of 15.41 feet to a 5/8 inch iron rod with cap set for corner; THENCE North 030 00' 26" West, for a distance of 450.00 feet to a 5/8 inch iron rod with cap set for corner in the north line of said 6.6322 acres; THENCE North 860 49' 20" East, along the north line of said 6.6322 acres for a distance of 15.41 feet to a 1 inch iron rod found for corner in the west line of said Sens Road; SEAL THIS THE 28TH DAY OF MARCH, 2002 Scot Lo Regis Texa egistration No. 5007 (This metes and bounds description was prepared in conjunction with a survey prepared by Land Surveying, Inc., Project no. 00010, dated 2/19/01, revised 4/27/01, 3/28/02). Created by Land SUrveying Inc. Z:IDocsILegaIsIOOO 1 OITR.4APR01.doc 1 of! t"~ ~ ~';I '" AeRtS. PARENT l'lWrr ADf)lftOtW. I(;QUJ$fJ1ON SAN. swrttASENE:Nf 288,900 6.93$ TAD. 6..631 0.159 tAD. "B" EXHIBIT 1RACf4 Prepared by City ()f tA Porte Engine.ering .Oiv"_ fie ~ tt-+. Page 1 of 2 Tract 05 Bay Area Boulevard PIN No. B/102/0399/001 METES AND BOUNDS DESCRIPTION DESCRIPTION OF 0.003 TOTAL ACRES OR 118 TOTAL SQUARE FEET OF LAND OUT OF A CALLED 2.403 ACRE TRACT AS CONVEYED BY DEED DATED MAY 8,1984 FROM BEN J. FORTSON, TRUSTEE TO BRYAN MOORE, JR. AND DAVID MOORE, AS RECORDED UNDER HARRIS COUNTY CLERK'S FILE NUMBER OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.141 ACRES BEING OUT OF BLOCK 707 OF THE LA PORTE SUBDIVISION, AS RECORDED IN VOLUME 67, PAGE 1, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.141 ACRES BEING LOCATED IN THE RICHARD PEARSALL SURVEY, ABSTRACT NUMBER 625, HARRIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. (All bearings are based on the existing west right-of-way line of Bay Area Boulevard (width varies) as recorded under Harris County Clerk's File Number E351190 of the Deed Records of Harris County, Texas, dated Dec.13, 1974.) COMMENCING at a 5/8 inch iron rod with a cap set at the intersection of the north right-of-way line of Spencer Highway (based on a 114 feet right-of-way, Harris County Clerk's File Number D3045870f the Deed Records of Harris County, Texas) and the east right-of-way line of Sens Road (26th Street) (based on a variable width, Harris County Clerk's File Number G818256 of the Deed Records of Harris County, Texas and Volume 59, Page 313, of the Deed Records of Harris County). Said 5/8 inch iron rod also being the southwest corner of said 2.403 acre tract; THENCE North 030 00' 26" West, along the east right-of-way line of said Sens Road and the west line of said 2.403 acres for a distance of 68.98 feet to a 5/8 inch iron rod with a cap set for corner; TH~NCE North 070 17' 01" West, along the existing east right-of-way line of said Sens Road (variable width right-of-way) for a distance of 328.71 feet to a 5/8 inch iron rod with a cap set for the POINT OF BEGINNING of the herein described tract of land; THENCE North 070 17' 01" West, continuing along the existing east right-of-way line of said Sens Road for a distance of 56.42 feet to a 5/8 inch iron rod with a cap set for corner in the north line of said North "A" Street (Volume 67, Page 1 of the Deed Records of Harris County, Texas) (abandoned by the City of La Porte, Ordinance Number 1252) and the south line of a called 6.421 acre tract as conveyed by deed dated November 20, 1984, from Ben J. Fortson, Trustee to the Du Pont La Porte Employees Federal Credit Union as recorded under Harris County Clerk's File Number J820059 of the Deed Records of Harris County, Texas; THENCE North 870 03' 03" East, along the north line of said 2.403 acres and the south line of said 6.421 acres for a distance of 4.21 feet to a 5/8 inch iron rod with a cap set for corner; THENCE South 030 00' 26" East, along the proposed east right-of-way line of said Sens Road for a distance of 56.26 feet the POINT OF BEGINNING of the herein described parcel of I containing within these calls 0.003 acres or 118 square feet of land. ~ OF t~ 't'~ .~;:Tq.~ SEAL THIS THE 28 TH DAY OF MARCH, 2002 t;/;f(~ . ~.... ...:.._................... ~COT LOWe . ....::.. ~.I" 10 c......... ...:... ..... 5007~.. I{ '~~~ ","J!...O~ 'fA. ..l!:.S.. ".,:...l: Texas istration No. 5007 'riJ ..U9.,,'to~ (This etes and bounds description was prepared in conjunction with a survey prepare ' Surveying, Inc., Project no. 00010, dated 2/20/01 revised 4/27/01, 3/28/02). Created by Land Surveying Illc. Z:\DocsILegaIsIOOO 1 OITR5APR02.doc lofl BRYANMOO~JR. ..t DAVlfJtIOORE. ~y .ARf:A BOUI1.VARO ACOUJSmOtf So. fr. AeRtS PARENT nw:r AODI11ONAl R.O.W. 104,6U.68 118 t..fO>> Q.OO3 EXHIBIT "8" TRACT 5 Prepared by City ct to Pone Engineering lYlYi$ion flllI!I,; .. ,~ Page 1 of 2 Tract 06 Bay Area Boulevard PIN No. B/102/0399/001 METES AND BOUNDS DESCRIPTION DESCRIPTION OF 0.160 ACRES OR 6,984 SQUARE FEET, BEING OUT OF A CALLED 6.421 ACRE TRACT AS CONVEYED BY DEED DATED NOVEMBER 20, 1984, FROM BEN J. FORTSON, TRUSTEE TO DU PONT LA PORTE EMPLOYEES FEDERAL CREDIT UNION AS RECORDED UNDER HARRIS COUNTY CLERK'S FILE NUMBER J820059 OF THE CREDIT DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 6.421 ACRES BEING ALL OF BLOCK 697, PART OF BLOCK 698 AND INCLUDING THE ALLEY CONTAINED THEREIN AND 24th STREET, 25th STREET AND THE SOUTH 32.50 FEET OF NORTH "B" STREET AS ABANDONED BY THE CITY OF LA PORTE (ORDINANCE NUMBER 1252, DATED MARCH 18,1981) AS RECORDED IN VOLUME 67, PAGE 1, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 6.421 ACRES BEING SITUATED IN THE RICHARD PEARSALL SURVEY, ABSTRACT NUMBER 261, HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. (All bearings are based on the existing west right-of-way line of Bay Area Boulevard (width varies) as recorded under Harris County Clerk's File Number E351190 of the Deed Records of Harris County, Texas, dated December 13, 1974.) COMMENCING at a 5/8 inch iron roa with a cap set at the intersection of the north right-of-way line of Spencer Highway (based on a 114 feet right-of-way, Harris County Clerk's File Number D304587 of the Deed Records of Harris County, Texas) and the east right-of-way line of Sens Road (26th Street) (based on a variable width Harris County Clerk's File Number G818256 of the Deed Records of Harris County, Texas and Volume 59, Page 313 of the Deed Records of Harris County, Texas). Said 5/8 inch iron rod also being the southwest corner of a called 2.403 acre tract as conveyed by deed dated May 8,1984, from Ben J. Fortson, Trustee to Bryan Moore, Jr. and David Moore recorded under Harris County Clerk's File number J755803 of the Deed Records of Harris County, Texas; THENCE North 030 00' 26" West, along the east right-of-way line of said Sens Road and the west line of said 2.403 acres for a distance of 68.98 feet to a 5/8 inch iron rod with a cap set for corner; THENCE North 070 17' 01" West, along the existing east right-of-way line of said Sens Road for a distance of 385.13 feet to a 5/8 inch iron rod with a cap set for corner in the north line of said 2.403 acres and in the south line of said 6.421 acres and being the POINT OF BEGINNING of the herein described tract of land; THENCE North 070 17' 01" West, continuing along the existing east right-of-way line of said Sens Road, for a distance of 211.93 feet to a 5/8 inch iron rod with a cap set for corner; THENCE North 030 00' 17" West, continuing along the existing east right-of-way line of said Sens Road, passing at a distance of 36.12 feet a 5/8 inch iron rod was found east 0.18 feet, and continuing for a total distance of 221.19 feet to a 5/8 inch iron rod with a cap set for corner, same being in the north line of said 6.421 acres, from said 5/8 inch iron rod a 1 1/2 inch iron bar was found east 0.47 feet; THENCE North 860 59' 08" East, leaving the existing east right-of-way line of said Sens Road and along the north line of said 6.421 acres for a distance of 20.00 feet to a 5/8 inch iron rod with a cap set for corner in the proposed east right-of-way line of said Sens Road; THENCE South 030 00' 26" East, along the proposed east right-of-way line of said Sens Road for a distance of 432.54 feet to a 5/8 inch iron rod with a cap set for corner in the north line of said 2.403 acres and the south line of said 6.421 acres; Created by Land Surveying Inc. Z:\DocslLegaIsIOOO 1 Oltract6.doc 10f2 Page 2 of 2 Tract 06 Bay Area Boulevard PIN No. B/102/0399/001 THENCE South 870 03' 03" West, along the north line of said 2.403 acres and the south line of said 6.421 acres for a distance of 4.21 feet to the POINT OF BEGINNING of the herein described tract of land and containing within these calls 0.160 acres or 6,984 square feet ofland. WITNESS MY HAND AND SEAL THIS THE 28TH DAY OF MARCH, 2002 ;1'~ .- t~ Of rll~...., '" ..."\V ,.et""'"'., ~~ 0$ ~.~ti..i $ T;.r ':':'~$ _4 ~;~ ~, ~ .r . .....,J,. '.'\P \ :J -tf;'~'r ~~ .c..; - .e ~~ <) J/j"j . 1.1;;, :,)...",..:_..,\'t!;"to oJ..:1..." 011",("0" t'J 'l'~i1. ~:Illr. ~ Scot Lowe ' \~~ . -~3t: ;~~~"6~ ~~:~~:T/. :~! Registere of~s ional Land Surveyor ,,,;: ' PC,;'., ,.'_ ~':",..'~f:\.' Texas Istratlon No. 5007 ...'1 '., ~',;. "1~:~' (This metes and bounds description was prepared in conjunction with a survey prepa ' >.. . ::',~ Surveying, Inc., Project no. 00010, dated 2/20/01, revised 4/09/02, 3/28/02) Created by Land Surveying IlIc. Z:\Docs\Legals\OOO 1 O\trac16.doc 20f2 Ou~()NTl.A .....POJ(lt. FEoERAL CRtOlT . ... /\. ... BAY AREA.. OOtJlEVARtl ~ SO. FT. ACRES PARENT TR1CT 219.69$.76 6.421 ADOOJOtW. R.O.W. $.984 0.1to EXH 181 T "8" nw:r 6 Prepared by City of.UI porte Engineer:ingOMsion IlalI: ~ ,.. llo.l.... Page 1 of 1 Future ROW Bay Area Boulevard/Sens Road PIN No. B/102/0399/001 METES AND BOUNDS DESCRIPTION DESCRIPTION OF 0.4197 ACRES OR 18,284 SQUARE FEET, BEING OUT OF A TRACT CALLED OUTLOTS 39,40,41 &42 AS CONVEYED BY DEED DATED AUGUST 8, 1997 FROM DECKER McKIM, INC. TO LA PORTE INDEPENDENT SCHOOL DISTRICT TRUSTEE, AS RECORDED UNDER HARRIS COUNTY CLERK'S FILE NUMBER S583257 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.4197 ACRES BEING OUT OF LOTS 40 AND 41 OF THE LA PORTE OUTLOTS, RECORDED IN VOLUME 59, PAGE 313 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.4197 ACRES BEING SITUATED IN THE RICHARD PEARSALL SURVEY, ABSTRACT NUMBER 625, HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. (All bearings are based on the existing west right-of-way line of Bay Area Boulevard (width varies) as recorded under Harris County Clerk's File Number E351190 of the Deed Records of Harris County, Texas, dated December 13,1974.) BEGINNING at a 5/8 inch iron rod with a cap set for corner being located South 030 00' 26" West, 30.00 feet from the intersection of the west right-of-way line of Sens Road also known as 26th Street (based on a 60' right-of-way, Vol. 59, Pg.13, H.C.D.R.) and Avenue "D" (based on a 80' right-of-way, Vol. 59, Pg.13, H.C.D.R.), said iron rod being the southeast corner of the City of La Porte 30' X 30' lift station site; THENCE South 030 00' 26" East, along the west right-of-way line of said Sens Road, and the east line of said lots 40 and 41, for a distance of 894.45 feet to a 5/8 inch iron rod with a cap set for corner; THENCE South 86049' 20" West, along the south line of said Outlot 41, passing at a distance of 5.03 feet a 1" iron rod found for the northeast corner of a called 6.6322 acre tract conveyed by deed dated October 29, 1981, from Thomas H. Nation Trustee, to Lawrence B. Chapman, Trustee as recorded in Harris County Clerk's File number H205928 of the Deed Record of Harris County, Texas, and continuing in all for a distance of 20.44 feet to a 5/8 inch iron rod with a cap found for corner; THENCE North 030 00' 26" West, along a line 20.00 feet west of and parallel with the west line of said Sens Road Street (based on a 60' right-of-way, Vol. 59, Pg.13, H.C.D.R.) for a distance of 894.45 feet to a 5/8 inch iron rod with cap set for corner; THENCE North 86049' 20" East, along a line 30.00 feet south of and parallel with the south line of said Avenue "D", for a distance of 20.44 feet to the POINT OF BEGINNING of the herein described tract of land and containing within these calls 0.4197 acres or 18,284 square feet of land; SEAL THIS THE 4TH DAY OF MAY, 2002 Created by Land Surveying Inc. Z:\DocslLegalsIOOO I OIF ROW.doc - I of I 541590.00 rlW. TAO. 12.433 U.D. TB>>. PARENT TRACT FUl'UIlE R.Q.W. SAN. SWR. fASBQT EXHIBIT "8" TRACT 7 Prepared by City of fA I'one Eogineefmg OMIlOt! flit ,110.: .....2ll2 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. Mr. Doug Direct of Planning City f La Porte Ci Hall L Porte, Texas BOARD CERTIFIED - CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION CLARK T. ASKINS (" ._ c<- r Dear Doug: I am pleased to enclose herewith original recorded Agreement between Fairmont Park Joint Venture and the City of La Porte, releasing all of the stipulations, restrictions, covenants, conditions, easements, reservations, right of reverter, right of first refusal, and building setback line on the proposed City of La Porte fire station site which is being acquired from the La Porte Independent School District. This Agreement was recorded on September 25, 2002, under Harris County Clerk's File No. W102340. Please furnish a copy of this Agreement to the surveyor, so that he may note it on the legend of th~survey, and then please furnish the original to' etary, to be placed in the s permanent real estate records. '7 Yours very truly, 04 Knox W. Askins City Attorney city of La Porte KWA: sw Enclosure cc: Mr. Joe Sease Director of Emergency Services City of La Porte Mr. John Joerns Acting City Manager City of La Porte M~ Martha Gillett . Yity Secretary VCity of La Porte " REQUEST FOR CITY COUNCIL AGENDA ITEM Ma 20 2002 Agenda Date Requested: Appropriation Requested By: Cynthia Alpunder, nirector of Finance Source of Funds: Not Applicable Department: FINANCE Account Number: Report: Resolution: Ordinance: xx Amount Budgeted: Exhibits: Services Agreement Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION MBIA Inc. is the world's preeminent financial guarantor and a leading provider of specialized financial services. MBIA MuniServices Company (MMC) is a subsidiary of MBIA that helps municipalities preserve, enhance and manage their revenue bases, and currently provides innovative revenue enhancement services to over 190 public sector clients around the country. MMC pioneered the creation of revenue discovery for municipalities in 1978. Since then, MMC has established a track record of consistently impressive results by producing more than $750 million of new revenue. MMC commenced providing services to Texas cities with the inclusion of the City of Greenville as a client in December 2001. MBIA Insurance Corporation has a claims-paying rating of Triple-A from Moody's Investors Service, Standard and Poor's Ratings Services and Fitch mCA. Staff would like to enter into an agreement with MMC for revenue enhancement services including the review of Sales and Use taxes. Examples of the Scope of Services include: detecting and validating qualifying business activities within the City that are not paying sales and use taxes; and determining if they are unregistered for sales and use taxes; and/or are remitting those taxes to the state with distribution to another jurisdiction. These services will be provided on a self-funding basis without creating an expenditure impact on the City's budget. We feel that this is risk free for the city because it is on a contingency fee basis. The company goes through a series of recovery processes -identified taxes will be sent directly to us - we then pay them 35% of the recovered funds. For a three-year period This proposal has been presented to the Finance/Audit Committee and received their approval. We are entering into this agreement for a one-year period, with a 30-day termination clause by either party. Action Required bv Council: Recommend that we enter into agreement with MBIA MuniServices Company for review and recovery of Sales and Use taxes. Approved for City Council Al!enda G?~ T. \1-~ Robert T. Herrera, City Manager s- \L,.o2- Date ORDINANCE NO. 2002-~)53 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND MBIA MUNISERVICES COMPANY, FOR ECONOMIC FORECASTING, INCLUDING REVIEW OF SALE AND USE TAX REVENUE, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Codei 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. ORDINANCE NO. 2002- ~563 PAGE 2 PASSED AND APPROVED, this 20th day of May, 2002. CITY OF LA PORTE By: ~~~ rman L. Ma one Mayor ATTEST: ';!!l,OAHfL (). .lfJ1Lti Mart a A. Gillett City Secretary APP~D If ,I UJJiuJ M/~ Knox W. Askins City Attorney REQUEST OR CITY COUNCIL AGENDA ITEM Appropriation Requested By: Source of Funds: TIRZ Department: Account Number: 039- Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Agreement for Services Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION At the August 1,2001 meeting, the La Porte Redevelopment Authority discussed contracting with the City of La Porte for Redevelopment Authority duties described in the Tri-Party Agreement. Section II and Section VI of the Tri-Party Agreement (attached) between the City, Zone and Authority describes the services the Redevelopment Authority may furnish. Since the Authority has no employees we are suggesting a simple agreement with the City to provide these services. (Note: this approach is similar to the operating agreement between the City and the La Porte Area Water Authority). The agreement provides for the Authority to compensate the City, at cost plus 5%, annually, upon termination, or as otherwise provided for in writing, for services performed by the City on behalf of the Authority. For outside or vendor services, payment will be made within 30 days of invoice date. The agreement term is for 1 year with the option for two I-year renewals and includes provisions for termination by either party. Action Required bv Council: Approve the proposed Service Agreement between the City, TIRZ, and Redevelopment Authority. Approved for City Council Ae:enda ~~T.~ Robert T. Herrera, City Manager S-\l.,.()'L Date ORDINANCE NO. 2002 - d.,55 'f AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR SERVICES BY AND BETWEEN THE CITY OF LA PORTE, TEXAS, TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS, AND THE LA PORTE REDEVELOPMENT AUTHORITY, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2002-~,5Jt PASSED AND APPROVED, this 20th day of May, 2002. By: ATTEST: ~lfJ!ja{{ li4il Ma t a A. Gi lett City Secretary APPROVED: ~, /1 zZ4u!a~ Knox W. Askins City Attorney CITY OF LA PORTE a:~~ 'N man L. al ne Mayor PAGE 2 AGREEMENT FOR SERVICES BY AND BETWEEN THE CITY OF LA PORTE, TEXAS, TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS AND THE LA PORTE REDEVELOPMENT AUTHORITY THIS AGREEMENT (this "Agreement"), effective as of 5, ~ 0- {)d , 2002, is made by and between the CITY OF LA PORTE, TEXAS, a municipal corporation and a home-rule city in the State of Texas (the "CITY"); REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS, a reinvestment zone created by the City pursuant to Chapter 311, Texas Tax Code (the "ZONE"); and the LA PORTE REDEVELOPMENT AUTHORITY, a nonprofit local government corporation organized and existing under the laws ofthe State of Texas (the "AUTHORITY"). RECITALS WHEREAS, the CITY, ZONE, and AUTHORITY have previously entered into an Agreement; and WHEREAS, the CITY and the ZONE desire to secure services of the CITY to assist the AUTHORITY in its duties described in its Agreement with the CITY and ZONE; NOW, THEREFORE, for and in consideration of the mutual undertakings herein contained, the AUTHORITY and CITY agree as follows: I. CITY agrees to assist the AUTHORITY in its scope of services as defined by Section II and Section IV of the "AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TEXAS, REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS, AND THE LA PORTE REDEVELOPMENT AUTHORITY" for a term of one (1) year commencing with an option to renew this agreement for two additional one (1) year terms, subject to the agreement of both parties. This agreement is subject to termination at any time without cause by either party giving ninety (90)-day written notice to the other. II. CITY shall receive compensation for services referred to in Section I above in an amount equal to the direct salary costs plus 5% of City personnel performing services anticipated by this agreement. Payment for these services shall be made annually, upon termination, or otherwise agreed to in writing by both parties. Reimbursable expenses such as consultant's fees, supplies and materials shall be billed at cost plus 5% and paid within thirty (30) days of invoice or as determined by separate agreement with consultant or provider. III. CITY will procure, to AUTHORITY'S account, supplies, materials, equipment, and services, utilizing funds allocated in AUTHORITY'S approved budget (Tax Increment Reinvestment Zone Fund), for the services provided by the CITY on behalf of AUTHORITY. CITY shall conform to all applicable purchasing laws of the State of Texas in the procurement of all supplies and materials necessary for the services provided. IV. CITY is retained by AUTHORITY only for the purpose and to the extent set forth in this Agreement, and City's relation to AUTHORITY, during the period of this Agreement, is that of an independent entity, and CITY shall be free to dispose of such portion of his entire time not required to satisfy the terms of this Agreement in any manner he deems advisable. CITY shall not be considered an employee of AUTHORITY. V. CITY shall be required to operate within the current guidelines of its governing body and shall notify AUTHORITY of any possible conflicts with such guidelines, as soon as practicable after the occurrence of said possible conflicts. VI. CITY hereby assumes entire responsibility and liability for any and all damage or injury of any kind or nature whatever to all persons, whether employees of CITY or otherwise, and to all property caused by, resulting from, arising out of, or occurring in connection with the services provided for in this Agreement and if any person shall make a claim for any damage or injury as herinabove described, whether such claim may be based upon the AUTHORITY'S alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty or obligation on the part ofthe AUTHORITY, the CITY agrees to indemnify and save harmless the AUTHORITY, its agents, servants, and employees from and against any and all loss, expense, damage, or injury that the AUTHORITY may sustain as result of any such claims and the CITY agrees to assume, on behalf of the AUTHORITY, the defense of any action at law or in equity, which may be brought against the AUTHORITY upon such claim and to pay on behalf of the AUTHORITY, upon its demand, the amount of any judgment that may be entered against the AUTHORITY in any such action. VII. Before commencing the services, the CITY shall procure and maintain liability insurance, at its own expense, and procure and maintain workers' compensation and employee liability insurance in accordance with the laws of the State of Texas. The CITY agrees that nothing contained in this paragraph shall limit or release the CITY from its obligations otherwise provided for in this Agreement, including assumption of liabilities and indemnifications to the AUTHORITY. If the CITY fails to procure and maintain at least the above insurance, the AUTHORITY shall have the right to procure and maintain the said insurance for and in the name of the CITY, and the CITY shall pay the cost thereof and shall furnish all necessary information to make effective and maintain such insurance. VIII. The CITY for the compensation provided for herein, hereby agrees to pay and shall hold the AUTHORITY harmless against the payment of all contributions, taxes, or premiums which may be payable under Federal, State, or Local laws arising out of the performance of the work. IX. If either the CITY or AUTHORITY believes it has a claim of any nature whatsoever against the other party, it shall give the other written notice of the amount, whenever possible, and nature of such claim within forty-five (45) days (or such other time limits as may be expressly set forth in the Agreement) of the occurrence of the event upon which such claim is based. In default of such notice the claim is waived. x. All matters relating to the validity, performance, interpretation, or construction of this Agreement or the breach thereof shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and seals the day and year first above written. CITY OF LA PORTE By: ~~?--. /N rman Malone, Mayor ATTEST: LA PORTE REDEVELOPMENT AUTHORITY Ll~~..t;,~- By: President, Board of Directors // '7- a/ ~/7 .' ,.~ , oard of Directors REINVESTMENT ZONE NUMBER ONE, CITY OF LAPORTE, TEXAS r~\ \ . ' ---::> By: ~-~., 'r&'L~ Chairperson, Board of Directors H:\My Documents\Documents\TIRZ\Redevlopment Authority Agreementdoc II. SCOPE OF SERVICES BY AUTHORITY To the extent of available funds and subj ect to the limitations of this Agreement, the services that the Authority may furnish consis,t of,among other things, the following: ,A. Management and Administrative Services and Consultants, The Authority will provide management and adrr),inistrative services for the Zone and the PID. The servi~es ~thout limitation may include the following: ,1. Provide the staff and administrative services that are necessary to manage the Zone and the PID and provide or supervise the services and the Proj ects; 2. Provide management, fInancial and program monitoring systems for the administration of the Zone, and the PID; 3. Provide any required reports to the City and the Zone' concerning the administration of the Zone; , , 4. Subject to the t,eims of this Agreement, recruit, hire, pay and supervise the consultants and any work force that the Authority will utilize to furnish services required for the development or redevelopment of the Zone; 5. Provide staff to participate in meetings concerning the administration of the Zone and the PID in all its capacities, including the services to the Zone Board when managing the Zone; 6. Provide liaison and coordination between the Zone, the City, the County, the School District, other Taxing Units, property owners, and other persons and groups interested in the redevelopment activities of the Zone and the PID; 7. Supervise and monitor the performance of consultantS and subcontractors who are employed by the Authority; Houston:367966.1 I " i " 5 I I .... 8. Assist in briefing Developers, property O'1'mers and other persons concerning proposed activities and developments that would complement public and private development activities in the Zone; 9. Function as the information/complaint center for all matters relating to the administration of the Zone and advise the Zone Board ~d the City in a timely manner of any problems concemingthe Zone and the PID; and 10. Provide engineering, planning, legal, [mancial, real estate, and other services through consultants engaged by the Authority as may be requested by the Zone Board or the City. B. Services With Respect to the Plans and Enlargement of the Zone. 1. Act as consulfant to the Zone in the implementation and amendment of the Plans in accordance with applicable law. 2. The Authority will review areas for addition to the Zone _~ requested by the Zone Board and will provide information with respect to any proposed enlargement that may be required by the Zone Board including, if requested, the information required for a preliminary Project Plan and a preliminary Financing Plan with respect to the enlargement of the Zone. C. Tax and Assessment Rolls. 1. Assist the Zone Board and the City with respect to the preparation of special tax rolls relating to the Zone. The Authority will analyze property uses in the Zone, compare them to the records of the Appraisal District, and attempt to reconcile the tax rolls of the Appraisal District with the actual land uses. 2. Assist the City in securing a tax roll for the Zone each year, and assist the Zone Board, the City, and the Appraisal District in having the Zone tax rolls correctly reflect the total appraised value of real property in the Zone for that year and showing separately the Tax Increment Base and the Captured Appraised Value. The Authority, will assist the Zone Board and the City in advising all Taxing Units participating in the Zone with respect to the Captured Appraised Value and the amount of Tax Increment of each Taxing Unit which is to be paid into the Tax Increment Fund as required by the TIRZ A~t. ' 3. Assist the City in preparing the Pill Assessment rolls, noticing and conducting hearings, and collecting the Pill Assessments. , I !j r HouSlon:367966.2 6 I I ':'., ~ D. Construction ofProiects. The Authority may construct infrastructure, buy equipment and supplies, and deal in re.al estate as necessary to implement the Plans and as permitted by the TIRZ Act and the PID Act: 1. To the extent funds are available, the Authority may design and construct Projects identified in the Plans that meet the qualifications of the TIRZ Act and the PID Act as applicable; and 2. To the extent funds are available, the Authority may buy, sell, lease and otherwise deal in real estate within the Zone. E. Subcontractors. The Authority may provide the services required by this Agreement through staff, subcontractors, and/or. consultants subject to the conditions of this Agreement. VI. ACCOUNTING AND AUDITS A. Accounts. records, and accounting reports. The Authority will maintain books of records and accounts in which full, true, and proper entries will be made on all dealings, transactions, . business, and matters that in any way affect or pertain to the operation of the Zone and th~ Pill, and the allocation and application of funds provided hereunder. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. The Authority shall provide free access to the books and records at all times to the City and the Zone or their representatives and shall permit them to examine and audit the same and make copies thereof. The Authority shall further allow the City and the Zone and their representatives to make inspections of all work data, documents, proceedings, and activities related to this Agreement. Such right of access and audit shall, continue for a period of three years from the date of final payment under this Agreement. The Authority will operate on the basis of the same fiscal year as the. City. B. Audit. At the end of each fiscal year (beginning with the fiscal year or fraction thereof during which this Agreement is executed), the Authority will have an audit prepared by an independent Certified Public Accountant for that fiscal year that shall be submitted to the Authority, the Zone and the City within 120 days after the end of the fiscal year. The Authority shall furnish copies of the audit to the City Manager and the Zone Board. C. Authority Depository. Any moneys received from investing and reinvesting the moneys paid by the City and the Zone to the Authority shall remain in the PID Revenue Fund and the TIRZ Revenue Fund, as applicable, until used by the Authority for one of the purposes permitted by this Agreement, and may be commingled with other moneys of the Authority; provided that these funds shall be accounted for separately. Such funds shall be invested and reinvested by the Authority only in investments that would be eligible for investment by the City pursuant to the provisions of the Public Funds Investment Act (Chapter 2256, Texas Government Code). Such funds will be secured by the depository bank in the same manner as City funds are required to be secured at the City depository and in accordance with applicable law and City procedures. . R CITY COUNCIL AGENDA ITEM Appropriation Requested By: Source of Funds: TIRZ Fund Department: Report: Resolution: Exhibits: Letter from Melvin Spinks, Civil Tech Exhibits: Ae:reement for Professional Services Budgeted Item:. NO Exhibits: SUMMARY & RECOMMENDATION Earlier, the Redevelopment Authority recommended and City Council approved the concept of securing professional engineering services to prepare a Master Watershed Plan for the Taylor Bayou Watershed. . September 4,2001, City of La Porte requested from four fIrms, qualifIcation statements for the preparation of a Master Watershed Plan for the Taylor Bayou Watershed within Tax Increment Reinvestment Zone # I. . October 17,2001, qualifIcations statements reviewed and identifIed Civil Tech Engineering, Inc. as the top respondent. City of La Porte requested a proposal for services. . As of this date, May 9,2002, negotiations are completed. A proposed agreement will be taken to the La Porte Redevelopment Authority for approval at the Board Meeting on May 15,2002. Attached is the entire proposed professional services agreement with Civil Tech Engineering, Inc. The agreement is based on hourly rates of professional services with a not to exceed (without written authorization) $24,960 plus an estimated $1,000 for reimbursables. The scope of services can be found on Exhibit SR-A (2 pages) and Exhibit SR-AI (3 pages) (clipped). We expect a representative of Civil Tech to be at the meeting to review the scope of work with the Board. Because the Redevelopment Authority has adopted the City's procurement procedures, City Council will also have to approve the agreement (contracts in excess of$15,000). Action Reauired bv Council: Approve the proposed professional services agreement with Civil Tech Engineering, Inc. Approved for City Council Ae:enda Q~ T 1-\~ Robert T. Herrera, City Manager ")- lc-oL Date ORDINANCE NO. 2002- 8-5.5,-{ AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND CIVILTECH ENGINEERING, INC., FOR PREPARATION OF A MASTER WATERSHED PLAN FOR THE TAYLOR BAYOU WATERSHED, APPROPRIATING NOT TO EXCEED $ 25 , 960 . 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 $25,960.00 from the City of La Porte TIRZ Fund Account No. 039- 9898-826-4200 to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the pUblic as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 2002- a-,5)S 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 20th day of May, 2002. CITY OF LA PORTE By: bb~~ Norman L: Malon , Mayor ATTEST: ~~G, ,~AliiL M r a A. Gillett, City Secretary AP~: ./ U;~.v'7/-cJ ~~ Knox W. Askins, City Attorney CivilTech Engineering, Inc. rn ~ @ ~ ~ wffi -.r~. '.! Iii!: APR 2 5 2002 ' 0) April 11, 2002 Mr. John Joems Assistant City Manager City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 tJ( Re: Taylor Bayou Watershed Drainage Plan La Porte Redevelopment Authority- Ta;"(; Increment Reinvestment Zone #1 Dear Mr. Joems: We pleased to submit our Contract Agreement to provide professional engineering services for the Taylor Bayou Watershed Drainage Plan. The services to be provided, the duties and responsibilities of the parties, payment terms, and time of performance, are detailed in the enclosed Agreement. Enclosed are two (2) copies of the Agreement for your execution. Upon your execution, please forward one (1) original copy for our files. We look forward to providing professional engineering services to the City ofLa Porte. Sincerely, CIVILTECH ENGINEERING, 1Nc. t~" p Melvin G. Spinks, P.E. President Enclosures: HOUSTON 12345 JONES ROAD, SUITE 100 HOUSTON, TEXAS 77070 TEL: 281-970-1200 FAX: 281-970-9211 AUSTIN 600 ROUND ROCK WEST. SUITE 502 ROUND ROCK, TEXAS 78681 TEL: 512-733-7800 FAX: 512-733-7803 INTERNET COMPANY@CIVILTECHENG,COM WWW.CIVILTECHENG.COM STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR STUDY AND REPORT PHASE PROFESSIONAL SERVICES This is an Agreement effective as of ~ , 2002, between OWNER retains ENGINEER to perform professional services, in connection with development of the Taylor Bayou Watershed Drainage Plan ("Assignment"). OWNER and ENGINEER, in consideration of their mutual covenants as set forth herein, agree as follows: 1 ARTICLE l--ENGINEER'S SERVICES 1.01 Scope A. ENGINEER shall provide the services set forth in Exhibit SR-A. B. Upon this Agreement becoming effective, ENGINEER is authorized to begin services as set forth in Exhibit SR-A. C. If authorized in wntmg by OWNER, and agreed to by ENGINEER, services beyond the scope of this Agreement will be performed by ENGINEER for additional compensation. ARTICLE 2--OWNER'S RESPONSIBILITIES 2.01 General A. OWNER shall have the responsibilities set forth herein and in Exhibit SR-A. ARTICLE 3-- TIMES FOR RENDERING SERVICES 3.01 ENGINEER's services will be performed within the time period or by the date stated in Exhibit SR-A. 3.02 If ENGINEER's services are delayed or suspended in whole or in part by OWNER, ENGINEER shall be entitled to equitable adjustment of the time for performance and rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs incurred by ENGINEER in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. ARTICLE 4--PAYMENTS TO ENGINEER 4.01 Methods of Payment for Services of ENGINEER. A. OWNER shall pay ENGINEER for services rendered under this Agreement as follows: 1. An amount equal to the cumulative hours charged to the Assignment by each class of ENGINEER's employees times Standard Hourly Rates for each applicable billing class for all services performed on the Assignment, plus Reimbursable Expenses, estimated to be $1,000.00 and ENGINEER's Consultants' charges, if any, estimated to be $0.00. The total compensation under paragraph 4.01.A.l is estimated to be $24,960.00. 2. ENGINEER's Reimbursable Expenses Schedule and Standard Hourly Rate Schedule are attached to this Agreement as Exhibits SR-C and SR-D, respectively. 3. The amounts billed for ENGINEER's services will be based on the cumulative hours charged to the Assignment during the billing period by each class of ENGINEER's employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable Expenses and ENGINEER's Consultants' charges, if any, incurred during the billing period. 2 4.02 Other Provisions Concerning Payment A. Estimated Compensation Amounts. 1. ENGINEER's estimate of the amounts that will become payable are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to ENGINEER under the Agreement. 2. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to ENGINEER that a compensation amount herein estimated would be exceeded, ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the matter of services remaining to be performed and compensation for such services. OWNER shall either agree to such compensation exceeding said estimated amount or OWNER and ENGINEER shall agree to a reduction in the remaining services to be rendered by ENGINEER, so that total compensation for such services will not exceed said estimated amount when such services are completed. B. Adjustments 1. ENGINEER's compensation IS conditioned on time to complete the Assignment not exceeding the time identified in Exhibit SR-A. Should the time to complete the Assigr1illent be extended beyond this period due to reasons not the fault of and beyond the control of ENGINEER, the total compensation to ENGINEER shall be appropriately adjusted. 2. If used, the Standard Hourly Rates Schedule, and Reimbursable Expenses Schedule will be adjusted annually (as of January 1,2003) to reflect equitable changes to the compensation payable to ENGINEER. C. Reimbursable Expenses. Reimbursable Expenses means the actual expenses incurred by ENGINEER or ENGINEER's Consultants directly in connection with the Assignment, including the categories and items listed in Exhibit SR-C, and if authorized in advance by OWNER, overtime work requiring higher than regular rates. D. For Additional Services. OWNER shall pay ENGINEER for all services not included in the scope of this Agreement on the basis agreed to in writing by the parties at the time such services are authorized by OWNER. ARTICLE 5--DESIGNA TED REPRESENT A TIVES 5.01 Contemporaneous with the execution of this Agreement, ENGINEER and OWNER shall each designate specific individuals as ENGINEER's and OWNER's representatives with respect to the services to be performed or furnished by ENGINEER and responsibilities of OWNER under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and render decisions relative to the Assignment on behalf of their respective party. ARTICLE 6--CONTENT OF AGREEMENT 6.0 I The following Exhibits are incorporated herein by reference: A. Exhibit SR-A, "Further Description of Services, Responsibilities, Time, and Related Matters," consisting of 2 pages including separate attachment: Figure 1 - Project Schedule. B. Exhibit SR-Al, "Study Objectives, Background and Scope of Work," consisting of 4 pages. C. Exhibit SR-B, "Standard Terms and Conditions," consisting of 5 pages. D. Exhibit SR-C, "Reimbursable Expenses Schedule," consisting of 1 page. E. Exhibit SR-D, "Standard Hourly Rates," consisting of 1 page. 6.02 Total Agreement A. This Agreement (consisting of pages I to 4, inclusive, together with the Exhibits identified in paragraph 6.01) constitutes the entire agreement between OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. OWNER: City of La Porte, Texas a~T~~ ENGINEER: CivilTech Engineering, Inc. r$) ~ ~;.I.; By: Robert T. Herrera By: Melvin G. Spinks, P.E. Title: City Manager Title: President Date Signed: s- rfJ./)- bra Date Signed: 4-/I-D2- Address for giving notices: Address for giving notices: City of La Porte CivilTech Engineering, Inc. 604 W. Fairrnont Parkway 12345 Jones Road, Suite 100 La Porte, Texas 77571 Houston, Texas 77070 Designated Representative (Paragraph 5.01): Designated Representative (Paragraph 5.01): Name: Douglas K. Kneupper, P.E. Name: Melvin G. Spinks, P.E. Title: Director of Planning Title: President Phone Number: 281-471-5020 Phone Number: 281-970-1200 Facsimile Number: 281-471-7168 Facsimile Number: 281-970-9211 E-Mail Address:kneupperd@ci.la-porte.tx.us E-Mail Address:mgspinks@civiltecheng.com 4 This is EXHIBIT SR-A, consisting of 2 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Study and Report Phase Professional Services dated (hay ()t) , 2002. OWNER~ ENGINEER M' 7 Initial: Further Description of Services, Responsibilities, Time, and Related Matters Specific articles of the Agreement are amended and supplemented to include the following agreement of the parties: A.1.0t ENGINEER's Services A. ENGINEER shall: 1. Consult with OWNER to define and clarify OWNER's requirements for the Assignment and available data. Refer to Exhibit SR-At - Study Objectives, Background and Scope of Work for specific work tasks on this assignment. 2. Advise OWNER as to the necessity of OWNER providing data or services which are not part of ENGINEER's services, and assist OWNER in obtaining such data and services. 3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction relevant to the Assignment. 4. Identify and evaluate alternate solutions available to OWNER and, after consultation with OWNER, recommend to OWNER those solutions which, in ENGINEER's judgment, meet OWNER's requirements. 5. Prepare a report (the "Report") which will, as appropriate, contain schematic layouts, sketches and design criteria with appropriate exhibits to indicate the agreed-to requirements, considerations involved, and those alternate solutions available to OWNER which ENGINEER recommends. This Report will be accompanied by ENGINEER's opinion of Total Project Costs for each solution which is so recommended with each component. 6. Furnish five (5) review copies of the draft Report to OWNER. 7. Revise the Report in response to OWNER's and other parties' comments, as appropriate, and furnish fifteen (15) fmal copies of the revised Report to the OWNER. A.Z.Ot OWNER's Responsibilities A. OWNER shall do the following in a timely manner, so as not to delay the services of ENGINEER: 1. Provide all criteria and full information as to OWNER's requirements for the Assignment. 2. Furnish to ENGINEER all existing studies, reports and other available data pertinent to the Assignment, obtain or authorize ENGINEER to obtain or provide additional reports and data as required, and furnish to ENGINEER services of others as required for the performance of ENGINEER's services. Page 1 of 2 Pages (Exhibit SR-A - Further Description of Services, Responsibilities, Time, and Related Matters) B. ENGINEER shall be entitled to use and rely upon all such information and services provided by OWNER or others in performing ENGINEER's services under this Agreement. C. OWNER shall bear all costs incident to compliance with its responsibilities pursuant to this paragraph A.2.0 1. A.3.01 Times for Rendering Services A. The time period for the performance of ENGINEER's services shall be four (4) months. A project schedule is provided in this Agreement as Attachment I. B. Engineer understands that during the term of this Agreement other parties may pursue development of certain parcels located within the study area. If this occurs, Owner may request Engineer to complete the work as defmed by this Agreement, or provide additional services as may be required, or terminate the work. C. ENGINEER's services under this Agreement will be considered complete when all deliverables set forth in Exhibit SR-A and SR-AI are submitted to OWNER. Page 2 of 2 Pages (Exhibit SR-A - Further Description of Services, Responsibilities, Time, and Related Matters) This is EXHIBIT SR-Al, consisting of 3 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Study and Report Phase Professional Services dated (tJD y ,pf) , 2002. OWNERa~ ENGINEER Mlt7 Initial: Study Objectives, Background, and Scope of Work Specific articles of the Agreement are amended and supplemented to include the following agreement of the parties: STUDY OBJECTIVES The City of La Porte Tax Increment Reinvestment Zone #1 (TIRZ) has identified a need to prepare a drainage plan for the Taylor Bayou Watershed. The drainage plan would identify drainage improvements needed to serve future development within its boundary limits and other contributing areas. The general planning objectives for this study are noted as follows: · Evaluate downstream conditions and increased runoff from future development. · Reduce the risk of flooding and drainage problems from future development in the watershed. · Identify regional flood reduction measures such as channels, detention ponds, new bridge/culvert structures, or other storm water management activities that will serve the future drainage needs in the watershed. · Coordinate closely with the City of La Porte and Harris County to accommodate the drainage needs for future roadway projects within the watershed. · Consider multi-use opportunities such as parks and trails within the recommended flood control measures. STUDY BACKGROUND The study area for this project encompasses approximately 1,100 acres or 1.7 square miles in the Taylor Bayou Watershed. Current land uses in the TIRZ study area includes undeveloped property, a golf course, industrial facilities, transportation corridors, and residential and commercial areas. It is the intent of this study to generally identify the drainage improvements needed to serve future development in the watershed. There are three primary drainage channels that drain the study area: HCFC Unit A 104-00-00 (Taylor Bayou), HCFC Unit AI04-07-00, and an unnamed tributary. Portions of both HCFC Unit Al 04-00-00 and Unit AI04-07-00 have been studied in detail by the Federal Emergency Management Agency (FEMA) to establish floodplain mapping and base flood elevations. Within the study area for the TIRZ, only HCFC Unit A 104-07-00 has been studied from its confluence with HCFC Unit AI04-00-00 to Fairmont Parkway. HCFC Unit AI04-07-00 was studied recently by Harris County in connection with the planned roadway project for the extension of Bay Area Boulevard. Preliminary engineering study reports have been prepared for the extension of Bay Area Boulevard from Fairmont Parkway to Spencer Highway, and for Fairmont Parkway between 16th State Highway 146. These transportation improvement projects have been sponsored by Harris County Precinct Two. The projects are situated within the TIRZ boundary. This study will address the proposed drainage facilities identified in the reports. Page 1 of 3 Pages (Exhibit SR-Al - Study Objectives, Background and Scope of Work) SCOPE OF WORK The scope of work has been prepared in consultation with the City of La Porte. The work tasks are discussed as follows: Task 1.0 - Study Coordination The Consultant will coordinate with the City of La Porte, the La Porte Redevelopment Authority, Harris County, Harris County Flood Control District, Texas Department of Transportation, and other government agencies for input into the study process. We will conduct progress meetings monthly to discuss the study progress, issues and deliverables. Written status reports will be submitted along with all verbal and written communications with other agencies. Task 2.0 - Data Collection The value of thorough data collection and evaluation has been proven repeatedly in many studies similar to this study. The City of La Porte will provide all available study reports, maps, and other pertinent data available in their files. Requests for information will be submitted to Harris County Flood Control District and other agencies to obtain available topographic maps, historical flooding data, hydrologic and hydraulic models, etc. for the watercourses in the watershed. Task 3.0 - Determine Watershed Conditions and Characteristics An inventory of the existing and future watershed conditions will be determined for this study. Pertinent watershed characteristics include land use type and spatial patterns. Other applicable mapping data, in digital format or paper, will also be identified and obtained, including historical development patterns, and land use projections. Aerial maps and the field reconnaissance will be used to generate and verify existing land use conditions in the watershed. Land use projections will be documented in the study for future flood control planning. Deliverables include a description of the watershed conditions with digital maps (Arc View GIS) showing existing and future development in the study area. Task 4.0 -Hydrologic Analyses The hydrologic analysis will be performed for the study area using the U.S. Army Corps of Engineers HEC-l "Flood Hydrograph Package". The hydrologic model will be used to compute the runoff hydrographs and peak flow rates at strategic locations in the watershed. The existing hydrologic model for Taylor Bayou Watershed will be used for the study area. A watershed map will be prepared for the Taylor Bayou Watershed. Subareas will be chosen with regard to drainage area, shape, and runoff characteristics. The watershed and subarea drainage map will be prepared in ArcView GIS format. The existing level and types of development within each subarea will be identified from the watershed maps, field reconnaissance, and aerial maps. The 10-, 50-, and 100-year storm frequency events will be analyzed for existing and future land use conditions. Task 5.0 - Hydraulic Analyses A limited hydraulic analysis will be performed to evaluate approximate channel capacity for the following channels: o HCFC Unit A 104-00-00 (Taylor Bayou): Upstream of Shore acres Blvd o Unnamed Tributary to HCFC Unit A 104-00-00 The hydraulic analysis will be performed using normal depth computations. Channel and overbank definition will be defined based on topographic data obtained from USGS quadrangle maps. Page 2 of 3 Pages (Exhibit SR-Al - Study Objectives, Background and Scope of Work) Task 6.0 - Drainage Plan A major focus of the study will be to develop a drainage plan to serve the TIRZ study area. The plan will identify possible solutions to serve the drainage needs for future development in the study area. The plan may recommend flood control and drainage improvements such as channel improvements, regional and on-site detention, storm sewer systems, culverts, or combinations thereof. The regional drainage solutions will consider the ability to incorporate multi-use public facilities such as parks and trails. Preliminary construction costs will be prepared for the drainage plan. Drainage facilities related to the planned roadway improvements in the study area will also be presented in the plan. The deliverable will be graphically presented to illustrate the plan components. Task 7.0 - Drainage Plan Report The report will culminate in a report that graphically presents the drainage plan for the TIRZ study area. The product deliverable will be graphically based with exhibits, text, and tables. Five copies (5) copies of the draft Drainage Plan will be provided to the City for review and comment. Fifteen (15) copies of the final Drainage Plan will be provided to the City for the final deliverable. Page 3 of 3 Pages (Exhibit SR-Al - Study Objectives, Background and Scope of Work) This is EXHIBIT SR-B, consisting of 5 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Study and Report Phase Professional Services dated m d1j .110 ' 2002. OWNERG-~ ENGINEER /11,:; Initial: Standard Terms and Conditions Article 6 of the Agreement is amended and supplemented to include the following agreement ofthe parties: B.6.01.B Standard Terms and Conditions I. Standard of Care The standard of care for all professional services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. 2. Independent Contractor All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either OWNER or ENGINEER. ENGINEER's services under this Agreement are being performed solely for OWNER's benefit, and no other entity shall have any claim against ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. OWNER agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent ofthis paragraph. 3. Payments to ENGINEER Invoices will be prepared in accordance with ENGINEER's standard invoicing practices and will be submitted to OWNER by ENGINEER monthly, unless otherwise agreed. Invoices are due and payable within 30 days of receipt. If OWNER fails to make any payment due ENGINEER for services and expenses within 30 days after receipt of ENGINEER's invoice therefor, the amounts due ENGINEER will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition, ENGINEER may, after giving seven days written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses, and other related charges. 4. Insurance ENGINEER will maintain insurance coverage for Workers' Compensation, General Liability, and Automobile Liability and will provide certificates of insurance to OWNER upon request. 5. Indemnification and Allocation of Risk a. To the fullest extent permitted by law, ENGINEER shall indemnify and hold harmless OWNER, OWNER's officers, directors, partners, and employees from and against costs, losses, and damages (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals, and reasonable court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of ENGINEER or ENGINEER's officers, directors, partners, employees, and consultants in the performance of ENGINEER's services under this Agreement. b. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, ENGINEER's officers, directors, partners, employees, and consultants from and against costs, losses, and Page 1 of 5 Pages (Exhibit SR-B - Standard Terms and Conditions) damages (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals, and reasonable court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of OWNER or OWNER's officers, directors, partners, employees, and consultants with respect to this Agreement. c. To the fullest extent permitted by law, ENGINEER's total liability to OWNER and anyone claiming by, through, or under OWNER for any injuries, losses, damages and expenses caused in part by the negligence of ENGINEER and in part by the negligence of OWNER or any other negligent entity or individual, shall not exceed the percentage share that ENGINEER's negligence bears to the total negligence of OWNER, ENGINEER, and all other negligent entities and individuals. d. In addition to the indemnity provided under paragraph B.6.0 1.B.5.b. of this Exhibit, and to the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's officers, directors, partners, employees, and consultants from and against injuries, losses, damages and expenses (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other disputes resolution costs) caused by, arising out of, or resulting from Hazardous Environmental Condition, provided that (i) any such injuries, losses, damages and expenses are attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, and (ii) nothing in this paragraph B.6.01.B.5.d shall obligate OWNER to indemnify any individual or entity to the extent of that individual or entity's own negligence or willful misconduct. e. The indemnification provision of paragraph B.6.01.8.5.a. is subject to and limited by the provisions agreed to by OWNER and ENGINEER in paragraph B.6.0 I.B.6, "Limit of Liability," of this Agreement. 6. Limit of Liability To the fullest extent permitted by Law, the total liability, in the aggregate, of ENGINEER and ENGINEER'S officers, directors, partners, employees, agents, and consultants, or any of them to OWNER and anyone claiming by, through, or under OWNER, for any and all injuries, losses, damages and expenses, whatsoever arising out of, resulting from, or in any way related to this agreement from any cause or causes including but not limited to negligence, professional errors or omissions, strict liability or breach of contract or warranty, express or implied, of ENGINEER or ENGINEER'S officers, directors, partners employees, agents, and consultants, or any of them, shall not exceed the total amount of ENGINEERS' compensation specified in this agreement. 7. Dispute Resolution The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by negotiation between senior executives of the parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who will represent that party. The executive shall meet at a mutually acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties may endeavor to settle the dispute by mediation under the Center for Public Resources Model Procedure for Mediation of Business Disputes or pursue amicable termination. If the matter has not been resolved pursuant to the aforesaid mediation procedure within sixty days of the commencement of such procedure, (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the parties shall pursue amicable termination. Page 2 of 5 Pages (Exhibit SR-B - Standard Terms and Conditions) 8. Termination of Contract Either party may at any time, upon seven days prior written notice to the other party, terminate this Agreement. Upon such termination, OWNER shall pay to ENGINEER all amounts owing to ENGINEER under this Agreement, for all work performed up to the effective date of termination, plus reasonable termination costs. 9. Access OWNER shall arrange for safe access to and make all provIsions for ENGINEER and ENGINEER's Consultants to enter upon public and private property as required for ENGINEER to perform services under this Agreement. 10. Hazardous Environmental Conditions It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a "Hazardous Environmental Condition," i.e. the presence at the site of asbestos, PCBs, petroleum, hazardous waste, or radioactive materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Assignment. In the event ENGINEER or any other party encounters a Hazardous Environmental Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Assignment affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the site is in full compliance with applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous substances, as defmed in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the site in connection with ENGINEER's activities under this Agreement. 11. Patents ENGINEER shall not conduct patent searches in connection with its services under this Agreement and assumes no responsibility for any patent or copyright infringement arising therefrom. Nothing in this Agreement shall be construed as a warranty or representation that anything made, used, or sold arising out of the services performed under this Agreement will be free from infringement of patents or copyrights. 12. Ownership and Reuse of Documents All documents prepared or furnished by ENGINEER pursuant to this Agreement are instruments of service, and ENGINEER shall retain an ownership and property interest therein. Reuse of any such documents by OWNER shall be at OWNER's sole risk; and OWNER agrees to indemnify, and hold ENGINEER harmless from all claims, damages, and expenses including attorney's fees arising out of such reuse of documents by OWNER or by others acting through OWNER. 13. Use of Electronic Media a. Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. b. When transferring documents in electronic media format, ENGINEER makes no representations as to long- term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of this Assignment. c. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. Page 3 of 5 Pages (Exhibit SR-B - Standard Terms and Conditions) d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. ENGINEER shall not be responsible to maintain documents stored in electronic media format after acceptance by OWNER. 14. Opinions of Probable Construction Cost a. Construction Cost is the cost to OWNER to construct proposed facilities. Construction Cost does not include costs of services of ENGINEER or other design professionals and consultants, cost of land, rights-of-way, or compensation for damages to properties, or OWNER's costs for legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with OWNER's contemplated project, or the cost of other services to be provided by others to OWNER pursuant to of this Agreement. Construction Cost is one of the items comprising Total Project Costs. b. ENGINEER's opinions of probable Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and qualified professional generally familiar with the industry. However, since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, ENGINEER cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by ENGINEER. If OWNER wishes greater assurance as to probable Construction Cost, OWNER shall employ an independent cost estimator. 15. Opinions of Total Project Costs a. Total Project Costs are the sum of the probable Construction Cost, allowances for contingencies, the estimated total costs of services of ENGINEER or other design professionals and consultants, cost of land, rights-of-way, or compensation for damages to properties, and OWNER's costs for legal, accounting, insurance counseling or auditing services, and interest and fmancing charges incurred in connection with a proposed project, and the cost of other services to be provided by others to OWNER pursuant to this Agreement. b. ENGINEER assumes no responsibility for the accuracy of opinions of Total Project Costs. 16 Force Majeure ENGINEER shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement resulting from any cause beyond ENGINEER's reasonable control. 17. Assignment Neither party shall assign its rights, interests or obligations under this Agreement without the express written consent of the other party. 18. Binding Effect This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors, and assigns. 19. Severability and Waiver of Provisions Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non-enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Page 4 of 5 Pages (Exhibit SR-B - Standard Terms and Conditions) 20. Survival All express representations, indemnifications, or limitations of liability included in this Agreement will survive its completion or termination for any reason. 21. Headings The headings used in this Agreement are for general reference only and do not have special significance. 22. Controlling Law This Agreement is to be governed by the law of the state in which the ENGINEER's principal office is located. 23. Notices Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. Page 5 of 5 Pages (Exhibit SR-B - Standard Terms and Conditions) This is EXHIBIT SR-C, consisting of I page, referred to in and part of the Agreement between OWNER and ENGINEER for Study and Report Phase Professional Services dated f)'J 0 ' I ,;J...() , 2002. I OWNEa~ Initial: ENGINEER H4~ Reimbursable Expenses Schedule Reimbursable Expenses are subject to annual review and adjustment. Reimbursable expense rates in effect on the date of the Agreement are: 8"xll" Copies II "x 17" Copies Report Bindings Xerox/Blue Paper Prints Mylar Prints Oversize Color Plots Exhibit Display Mileage (auto) Meals FEMA Backup Data $O.lO/page $0.15/page $30.00Ireport $2.00/print $12.00/print $20.00/plot $50.00/display $0.31/mile $25.00/day $400lrequest Page 1 of I Page (Exhibit SR-C - Reimbursable Expenses Schedule) OWNEI{j~ ENGINEER M4!/ Standard Hourly Rates Schedule Standard Hourly Rates are subject to annual review and adjustment. Hourly rates for services in effect on the date of the Agreement are: Principal Engineer $150.00/hour Senior Engineer $125.00/hour Project Engineer $95.00/hour Assistant Engineer $80.00/hour Senior Technician $80.00/hour Technician $75.00/hour CADD Operator $65.00/hour Clerical $49.00/hour Page 1 of 1 Page (Exhibit SR-D - Standard Hourly Rates Schedule) . . ATTACHMENT 1 PRELIMINARY BUDGET AND PROJECT SCHEDULE TAYLOR BAYOU MASTER DRAINAGE PLAN PRELIMINARY BUDGET Task Principal Senior Project Assistant No. Task Description Engineer Engineer Engineer Engineer Technician Clerical Total 1 Study Coordination 12 12 24 2 Data Collection 12 12 3 Determine Watershed Conditions & Characteristics 4 16 16 36 4 Hydrologic Analysis 4 32 8 44 5 Hydraulic Analysis 4 16 8 28 6 Prepare Drainal!.e Plan 8 40 24 72 7 Report 4 20 16 40 SUBTOTAL HOURS 0 36 148 0 72 0 256 HOURLY RATES $150.00 $125.00 $95.00 $80.00 $75.00 $45.00 MANHOUR COSTS $0.00 $4,500.00 $14,060.00 $0.00 $5,400.00 $0.00 $23,960 ESTlMA TED DIRECT EXPENSES $1,000 SURVEYING COSTS (LANDTECH CONSULTANTS) TOTAL PROJECT COSTS $24,960 PRELIMINARY PROJECT SCHEDULE No. Task Description Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 1 Study Coordination 2 Data Collection 3 Determine Watershed Conditions & Characteristics Submit Dndt Report Submit Final Report for Review & I- 4 Hydrologic Analysis Comments 5 Hydraulic Analysis // ........-::~ 6 Prepare Drainal!.e Plan y ~ 7 Report * l7ZZ.a:I * CIvIITed1 Ent&Ineerlng. Inc:. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Appropriation Requested By: S. Gillett Source of Funds: Department: Account Number: Report: Resolution: Ordinance: XX Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Tri-Pa A eement Budgeted Item: YES NO /' Exhibits: SUMMARY & RECOMMENDATION The City of La Porte has a lease agreement with D.E. Aviation (Lessee), dated January 1, 1997, and amended February 11,2002. The Amendment allows the construction of three (3) T-hangers on the Designated Use Area in the northwest corner of the Airport. The Lessee is financing the construction through 1 st Choice Bank of South Houston. In order to protect the interests of the Lessee, the City and the bank, a Lease and Rental Agreement and Security Agreement has been drafted. The Agreement protects the City, as well as 1 st Choice Bank of South Houston, in the event ofa default on the part of the lessee. The Bank's remedy, in the event of default, is to take over the lease, and reassign the lease to another operator acceptable to the City. ~/;foR. .7k lt~d,0 fl/~eI ,4p-zflc CJ~2'( /J-e.c~e u:;>e.- ~ w~ dH0 OP"- I'~"';' ,.&'" d) vi b..).{ ~;J/Ul'-CJ AM ~tP~ rz/;1. :Z:r~Jj')~~ /J r f1p.>I? Action Required bv Council: Approve an Ordinance authorizing the City Manager to execute a Lease and Rental Agreement and Security Agreement between the City of La Porte, D.E. Aviation and 1st Choice Bank of South Houston. Approved for City Council A!!enda Q~ I' \~ Robert T. Herrera, City Manager s- ) c. . 0 <- Date J. L. JAY ATrORNEY AT LAW 8121 Broadway, Suite 100 Houston, Texas 77061-1341 (713) 645-9595 May 14, 2002 Knox W. Askins Attorney at Law P. O. Box 1218 La Porte, Texas 77572-118 RE: Loan by 1st Choice Bank of South Houston, Texas D. E. Aviation, Inc. Dear Mr. Askins: Enclosed are three (3) duplicate Originals executed by the Assignor and the Assignee. Sincerely, ~%; J. .Jay \ Attorney at Law JLJ/mr Enclosure( s) ORDINANCE NO. 2002- ~5S l, AN ORDINANCE APPROVING AND AUTHORIZING THAT CERTAIN LEASE AND RENTAL ASSIGNMENT AND SECURITY AGREEMENT, BY AND AMONG D. E. AVIATION, INC., 1ST CHOICE BANK, SOUTH HOUSTON, TEXAS, AND THE CITY OF LA PORTE, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the pUblic as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ORD INANCE NO. 2002 - a-S S'v PASSED AND APPROVED, this l~day of ~, ATTEST: ~1[4I1fL1' City Secretary " CITY OF LA PORTE By: .~;r ,~,,gLi!'T.11"'. Norman L. Malone Mayor PAGE 2 2002. LEASE AND RENTAL ASSIGNMENT AND SECURITY AGREEMENT STATE OF TEXAS * * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS * That the D. E. AVIATION, INC., A TEXAS BUSINESS CORPORATION of Harris County, Texas, herein called "Assignor" (whether one or more), for a valuable consideration paid by 1 st Choice Bank, South Houston, 3100 South Shaver, South Houston, Harris County, Texas, 77587, hereinafter called "Assignee", the receipt and sufficiency of which is hereby acknowledged, and for the purpose of further securing Assignee in the payment of that certain indebtedness evidenced by that one certain promissory note in the original principal sum of $637,500.00 dated May , 2002, executed by D. E. AVIATION, INC. and payable to the order of 1 st Choice Bank, South Houston, Texas, covering improvements located on property located in the City of La Porte, Harris County, Texas, described in the Lease Agreement attached and marked as Exhibit "Lease", does hereby assign and transfer unto Assignee and grant to Assignee a security interest in all leases and rental contracts which have been and may hereafter be executed covering all or any part of said property, together with all rentals and income accruing therefrom, and particularly the following described lease or leases which constitute all the leases covering said property that are now in full force and effect, to wit: The Lease Agreement Marked as Exhibit "Lease" and attached hereto. Assignor warrants, represents and agrees that: 1. Said Lease is valid and in full force and effect according to its terms; that no change, modification or amendment thereof has been made; that no prior assignment thereof has been made and that no assignment of any of the rental and income from the above described lease has been made; and that no financing statement covering said lease or leases or the property described is on file in any public office. 2. Assignor shall not, without the prior written consent of Assignee, make or agree to change, modification or amendment in or termination of the lease covering the said property, shall not exercise any option if any be in said lease to take action to forfeit the same. 3. Assignor shall (a) perform all of the obligations and duties of Lessee under the lease covered hereby; (b) promptly inform Assignee in writing of notice received from the Lessor with respect to any obligation under the lease or of any default or claimed default by any party to the lease; and (c) keep accurate books, records and accounts with respect to the lease and make them available to the Assignee at its request for examination and inspection. This Assignment of Lease is especially made SUBJECT to Article X of said Lease Agreement. The City of La Porte by its consent to this Assignment of Lease for financing purposes by Assignor, expressly reserves all its rights as Lessor, contained in said Lease Agreement, and particularly Article X thereof, including, but not limited to, the right of the City of La Porte to give prior written approval to any substitute lessee. As often and whenever a default occurs in the payment of the above described Promissory Note, or in the performance of any covenant contained in the Loan Agreement between Assignor and Assignee and as long as any such default continues, Assignee is hereby authorized to take possession of the premises covered by such Lease, and may exercise by prior written consent of Lessor, all other rights of the Lessee under the terms of such Lease Agreement. Assignee shall have the right at any time that such default exists, to make and enter into agreements with Lessee's tenants, increasing or reducing rentals or otherwise changing the terms of such sub-lease contracts, and under such circumstances may enter into new sub-leases and rental contracts in the name of Assignor or otherwise, on such terms and containing any covenants and agreements as Assignee may deem advisable. Assignor further agrees to inform Assignee promptly in writing of notice received from the City of La Porte with respect to any obligation or default under said lease(s). Assignor also agrees to perform all obligations binding on Lessee under its said lease(s) with the City of La Porte. The City of La Porte, acting herein by its duly authorized representatives, joins in the execution hereof for the limited purpose of evidencing its consent to this Assignment of Lease for finance purposes by Assignor to Assignee. Such consent by the City of La Porte shall not be construed as a waiver of the performance of D. E. Aviation, Inc., as Lessee under said Lease Agreement. The City of La Porte agrees, that in the event of default by Assignor herein in its obligations under said lease agreement with the City of La Porte, that Assignee shall have the right, with the prior express written consent of the City of La Porte, to assign the lease agreement between the City of La Porte and Assignor, to a qualified aircraft fixed base operator. In the event of such assignment, all provisions of the Lease Agreement between the City of La Porte and Assignor, applicable to the Lessee thereunder, shall be equally binding upon any party to which the activities, uses, privileges and obligations authorized in said Lease Agreement, are assigned, by Assignee hereunder. The City of La Porte will not be unnecessarily arbitrary in granting said permission, but the City of La Porte shall be the sole judge as to the reliability, capability, character, and desirability of the parties involved. The consent of the City of La Porte evidenced hereby shall not be construed as a subordination or waiver and relinquishment by the City of La Porte of its right of levy for rents and all liens, claims and demands of every kind which it may have against all building and contents on the lease premises, under the constitution and laws of the State of Texas, and under the terms and provisions of its Lease Agreement with D. E. Aviation Inc., dated January 1, 1997 as amended February 1,2002. Assignee shall have the additional right and authority in the event of default as aforesaid, but shall not be obligated to: 1. Make and enter into agreement with Lessor and other users of the premises, including the specific right to assign the rights of Assignee herein to another. 2. Sue for the balance due on the Note hereby secured, for possession of the premises, and all appropriate rights and remedies in connection therewith. Assignor specifically agrees that the Note hereby secured may be from time to time, renewed, extended, modified or rearranged, and this assignment shall not in any manner be effected by such action. This assignment shall be binding upon and shall inure to the benefit of the legal representatives, heir, successors, and assigns, respectively, of the Assignor and Assignee; and shall terminate and become null and void upon full and final payment of the Note secured by this assignment and referred to herein. EXECUTED this /1-M day of May 2002. D. E. AVIATION, INC. ATTEST: secr~ 1 ST CHOICE BANK, SOUTH HOUSTON, TEXAS By: ~ CITY OF LA PORTE By: G?J~ T~ l~ ROBERT T. HERRERA, City Manager ATTEST: ~,rLUb< a, f{wj City ecretary COUNTY OF HARRIS s s s THE STATE OF TEXAS BEFORE ME, the undersigned authority on this day personally appeared DEBORAH 1. RIHN-HARVEY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the JS]]: day of f\"\ ~,' ' 2002. ....\\"~tI~!#, \ /.R~~ .;~;t~..;j ,~,~;;,.!?~.,~~""" MARY ANN HARRISON MY COMMISSION EXPIRES March 5, 2005 COUNTY OF HARRIS s s s THE STATE OF TEXAS BEFORE ME, the undersigned authority on this day personally appeared GERRY E. MONZINGO, President, 18t Choice Bank, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the capacity therein stated, and for the purposes and considerations therein expressed. COUNTY OF HARRIS s s s THE STATE OF TEXAS BEFORE ME, the undersigned authority on this day personally appeared ROBERT T. HERRERA, City Manager of the City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the capacity therein stated, and for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~ day of [V1a. \.1 , 2002. { AFTER RECORDING RETURN TO: e MELlSA LANCLOS Notary Public. State of T eX3S My Commission Expires JAN 10.2005 1 ST CHOICE BANK GERRY E. MONZINGO, PRESIDENT 3100 SOUTH SHAVER SOUTH HOUSTON, TEXAS 77587 ~%",:~'1:: ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 121B LA PORTE, TEXAS 77572-1218 KNOX W. ASKINS ..JOHN D. ARMSTRONG TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 CHARLES R. HUBER. ..JR. BOARD CERTIFIED. CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION CLARK T. ASKINS May 13, 2002 RECEIVED Mr. J. L. Jay . Attorney ~tLaw 8121 B~dway, Suite 100 Hou~n, TX 77061-1341 v~ fax no. 713-645-1117 ,. MAY 14 2002 CITY SECRETARY'S OFFICE Re: Loan by 1st Choice Bank of South Houston, Texas D.E. Aviation, Inc. Dear Mr. Jay: Thank you for your letter of May 13, 2002. I have one suggestion, and that is that you add at the bottom of page 2, after "dated January 1, 1997" the following: ", as amended February 1, 2002." Please have several duplicate originals signed by the assignor and the assignee, and I will move forward to have this matter placed on the City Council agenda for Monday, May 20, 2002. //t'/\ (~ox W. Askins City Attorney City of La Porte _.~.,. KWA: sw Enclosure cc: Mr. Steve Gillett Airport Manager City of La Porte Ms. Martha Gillett C,ity Secretary VCity of La Porte LEASE AND RENTAL ASSIGNMENT AND SECURITY AGREEMENT DRAFT STATE OF TEXAS * * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS * That the D. E. AVIATION, INC., A TEXAS BUSINESS CORPORATION of Harris County. Texas, herein called "Assignor" (whether one or more), for a valuable consideration paid by lit Choice Bank, South Houston, 3100 South Shaver, South Houston, Hanis County, Texas, 77587, hereinafter called "Assignee". the receipt and sufficiency of which is hereby acknowledged, and for the purpose of further securing Assignee in the payment of that certain indebtedness evidenced by that one certain promissory note in the original principal sum of $637,500.00 dated May ,2002, executed by D. E. AVIATION, INC. and payable to the order of 1 st Choice Bank, South Houston, Texas, covering improvements located on property located in the City of La Porte, Harris County, Texas, described in the Lease Agreement attached and marked as Exhibit "Lease", does hereby assign and transfer unto Assignee and grant to Assignee a security interest in all leases and rental contracts which have been and may hereafter be executed covering all or any part of said property, together with all rentals and income accruing therefrom., and particularly the following described lease or leases which constitute all the leases covering said property that are now in full force and effect, to wit: The Lease Agreement Marked as Exhibit "Lease" and attached hereto. Assignor warrants, represents and agrees that: 1. Said Lease is valid and in full force and effect according to its terms; that no change, modification or amendment thereof has been. made; that no prior assignment thereof has been made and that no assignment of any of the rental and income from the above described lease has been made; and that no financing statement covering said lease or leases or the property described is on file in any public office. 2. Assignor shall not, without the prior written consent of Assignee, make or agree to change, modification or amendment in or teml.ination of the lease covering the said property, shall not exercise any option if any be in said lease to take action to forfeit the same. 3. Assignor shall (a) perform all of the obligations and duties of Lessee under the lease covered hereby; (b) promptly inform Assignee in writing of notice received from the Lessor with respect to any obligation under the lease or of any default or claimed default by any party to the lease; and (c) keep accurate books, records and accounts with respect to the lease and make them available to the Assignee at its request for examination and inspection. This Assignment of Lease is especially made SUBJECT to Article X of said Lease 'Agreement. The City of La Porte by its consent to this Assignment of Lease for financing purposes by Assignor, expressly reserves all its rights as Lessor, contained in said Lease Agreement, and particularly Article X thereof, including, but not limited to, the right of the City of La Porte to give prior written approval to any substitute lessee. As often and whenever a default occurs in the payment of the above described Promissory Note, or in the performance of any covenant contained in the Loan Agreement between Assignor and Assignee and as long as any such default continues, Assignee is hereby authorized to take possession of the premises covered by such Lease, and may exercise by prior written consent of Lessor, all other rights of the Lessee under the terms of such Lease Agreement. Assignee shall have the right at any time that such default exists, to make and enter into agreements with Lessee's tenants, increasing or reducing rentals or otherwise changing the terms of such sub-lease contracts, and under such circumstances may enter into new sub-leases and rental contracts in the name of Assignor or otherwise, on such terms and containing any covenants and agreements as Assignee may deem advisable. Assignor further agrees to inform Assignee promptly in writing of notice received from the City of La Porte with respect to any obligation or default under said lease(s). Assignor also agrees to perform all obligations binding on Lessee under its said lease(s) with the City of La Porte. The City of La Porte, acting herein by its duly authorized representatives, joins in the execution hereof for the limited purpose of evidencing its consent to this Assignment of Lease for finance purposes by Assignor to Assignee. Such consent by the CitY of La Porte shall not be construed as a waiver of the performance of D. E. Aviation, Inc., as Lessee under said Lease Agreement. The City of La Porte agrees, that in the event of default by Assignor herein in its obligations under said lease agreement with the City of La Porte, that Assignee shall have the right, with the prior express written consent of the City of La Porte, to assign the lease agreement between the City of La Porte and Assignor, to a qualified aircraft fixed base operator. In the event of such assignment, all provisions of the Lease Agreement between the City of La Porte and Assignor, applicable to the Lessee thereunder, shall be equally binding upon any party to which the activities, uses, privileges and obligations authorized in sa.id Lease Agreement, are assigned, by Assignee hereunder. The City of La Porte will not be lmnecessarily arbitrary in granting said permission, but the City of La Porte shall be the sole judge as to the reliability, capability, character, and desirability of the parties involved. The consent of the City of La Porte evidenced hereby shall not be construed as a subordination or waiver and relinquishment by the City of La Porte of its right of levy .for rents and all liens, claims and demands of every kind which it may have against all building and contents on the lease premises, under the constitution and laws of the State of Texas, and under the terms and provisions of its Lease Agreement with D. E. Aviation Inc., dated January 1, 1997 ~ tt:;7-' n f. ") il . ! . "J-~:{ '~!...v\YYW"M..r.. J 1 .7 &' D!l.. ' vl.t1'-"-"l ' J " ;- .. J Assignee shall have the additional right and authority in the event of default as aforesaid, but shall not be obligated to: 1. Make and enter into agreement with Lessor and other users of the premises, including the specific right to assign the rights of Assignee herein to another. 2. Sue for the balance due on the Note hereby secured, for possession of the premises, and all appropriate rights and remedies in connection therewith. Assignor specifically agrees that the Note hereby secured may be from time to time, renewed, extended, modified or rearranged, and this assignment shall not in any manner be effected by such action.. This assignment shall be binding upon and shall inure to the benefit of the legal representatives, heir, successors, and assigns, respectively, of the Assignor and Assignee; and shall terminate and become null and void upon full and fmal payment of the Note secured by this assignment and referred to herein. EXECUTED this day of May 2002. D. E. AVIATION, INC. By: DEBORAH J. RIHN-HARVEY ATTEST: Secretary 1ST CHOICE BANK, SOUTH HOUSTON, TEXAS By: GERRY E. MONZINGO, Presiden.t CITY OF LA PORTE By: ROBERT T. HERRERA., City Manager ATTEST: City Secretary THE STATE OF TEXAS 9 ~ COUNTY OF HARRIS ~ BEFORE ME, the undersigned authority on this day personally appeared DEBORAH J. RIHN-HARVEY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the"_ day of , 2002. Notary Public, in and for the State of Texas COUNTY OF HARRIS S 9 ~ THE ST ATE OF TEXAS BEFORE ME, the undersigned authority on this day personally appeared GERRY E. MONZINGO, President, 1 st Choice Bank. known to me to be the person whose name is subscribed to the foregoing ins1:r\lnlent, and acknowledged to me that he executed the same in the capacity therein stated, and for the purposes and considerations therein expressed. GIVEN UNDER MY HA1\TD AND SEAL OF OFFICE, this the , 2002. day of Notary Public, in and for the State of Texas COUNTY OF HARRIS ~ ~ ~ THE STATE OF TEXAS BEFORE ME, the undersigned authority on this day personally appeared ROBERT T. HERRERA, City Manager of the City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the capacity therein stated, and for the purposes and considerations therein expressed. GNEN UNDER MY HAND AND SEAL OF OFFICE, this the , 2002. day of Notary Public, in and for the State of Texas AFTER RECORDING RETURN TO: 1 ST CHOICE BANK GERRY E. MONZINGO, PRESIDENT 3100 SOUTH SHAVER SOUTH HOUSTON, TEXAS 77587 / ----- -- .! C. JOhn /flW\5TrO,-" i,/p:" Vloi It6tuJ /1;, .').< , " o~ . J ,. .......1/ :.;' Planning Department Memo To: Robert T. Herrera, City Manager From: Doug Kneupper, Planning Directo CC: ,JliO_\""a._....cIl~ry, Date: May 1, 2002 Re: Redistricting - Requests from Council r .RECEIVED MAY 01 2002 I CITY SECRETARY'S L- OFFICE This is in response to a memo from Martha Gillett dated April 15, 2002. The memo requested that I prepare a report analyzing the affects of minor changes to the redistricting map that have been submitted by three Council members. The results are as follows: Mr. Clarke - this request would shift four (4) Census blocks from District 4 to District 6. The blocks are all within Census Tract 3434 and include blocks 3085,3086,3087, and 3088. Census data indicates there is a population of 32 within these four (4) blocks. The affect of this change is shown below. District Population Ideal Variance %Var. From 4 5064 5313 (249) -4.69% Committee 6 5464 5313 151 2.84% Clarke's 4 5032 5313 (281 ) -5.29% Request 6 5496 5313 183 3.44% . Page 1 Mr. Sutherland - this request would shift a portion of Census Tract 3434, block 3028 (an area north of Creekmont and south of "H" Street) from District 3 to District 1. Since this request is dealing with only a portion of one (1) block, there is some estimating that has to occur. Mr. Sutherland's memo states, and I have verified there are eight (8) existing residential dwellings in the subject area. Using our Census data I have calculated a population density of 2.72 per housing unit. Multiplying 2.72 times 8 equals 21.76, let's say 22 residents. The affect of this change is shown below. District Population Ideal Variance %Var. From 1 5467 5313 154 2.90% Committee 3 5531 5313 218 4.10% Sutherland's 1 5489 5313 176 3.31% Request 3 5509 5313 196 3.69% With regard to Mr. Porter's request, I have not performed any analysis of requested changes since the end of Mr. Porter's letter stated he was not advocating any changes. . Page 2 CITY OF LA PORTE " April 15, 2002 TO: Robert T. Herrera, City Manager FROM: Martha A Gillett, TRMC City Secretary 1j SUBJECT: Redistricting I received three requests from City Council Members regarding changes they would like reviewed on the Proposed Redistricting Map. Requests were received from Alton Porter, Guy Sutherland and Jerry Clarke. Copies of the requests are attached for your review. Mr. Warren informed me he would support the map, as recommended by the Redistricting Committee and had no changes. I am forwarding copies of the requests to Doug Kneupper and he will provide you with a report as previously directed. We hope to submit a report to Council during the meeting on May 20, 2002. If you have any questions or need additIonal information, please advise. /mg attachments c: Doug Kneupper Knox Askins John Armstrong CITY OF LA PORTE . '-:":C~TY.G9UNCIi'sOFFiCE':: . .!NTEROFfIGElv.IEMORANDUM::: .' ..! , ',.. ~ - January 25, 2002 TO: FROM: Mayor and City Council Jeny Clarke, Council Member - District 6 SUBJECT: Proposed Redistricting Map I would like for Council to consider the following changes to the proposed redistricting map submitted by the Redistricting Committee: Take the border of H all the way to Broadway Street Take the border of Fainnont Parkway all the way to Broadway Street This would take 33 people from district 4 and increase district 6 and make the lines more contiguous. Thank you fo~ your consideration in this matter. c( 4 /~4j<J lrog .~ J c: Robert T. Herrera Knox Askins John Armstrong Martha Gillett ;erff City of La Porte Estahlished 1892 . City of La Porte Rediftricting Committee J want to commend the committee for all tlte time and hard work that went into the redistricting plan. I think that you did an exceptional job within the framework that you were given and J can accept the plan as was last presented. .l do have some comments and concerns relative to some council input on the plan.. Fint with regards to Councilman Sutherland's recommendation / do not really have any strong feelings one way or the other, however, J do not recognize the current presentation as being a concern or a problem. With. that being said J do not believe there is any real need to make a change other than maybe cleaning up the lines a little. Councilman Warren has expressed some concern that the Spencer Landing subdivision should pos.fihly go into one of the districts on the watern end of the city. He cited a basic concern that development was more in "character'" with the other developed subdil1ifions. Tltif has some merit, in particular, ifwe start to re-draw some of the lines. Finally with regard to Councilman Clarke's recommendation, I do not believe that any more of the residents EIISt of the railroad tracks should be incorporated into District 6/01' a number of reasons. Firs~. J realize that every tiffort was made to not displace incumbent councilmen and.l underst.and that although J do not agree with it. J reali~e that the "finger" or strip was included exclusively for that purpose, however, it will pose some immediate problems due to most of the current new growth I housing .ftarts are just west of the railroad tracks between Fairmont Parkway and Spencer Highway in Fairmont Park East. Adding anything more is going to cause a significant disparity in the voters / district balance in the immediatefuture. If illfact th~ DistTu:t 6 lines an changed I wOllld like to see the Di.ftrict 6 east.ern boundary stop at the ,ailroad tracks and pouibly oonsider adding the Spencer Landing subdivision. This will create a more legitimate boundary line and wiH also incorporate these neighborhoods into a district that is more consistent in the character 0/ the lIeighborhoods than is presently set ouL J wallt to close with the thought that 1 am not advocatine. the.re changes, however, if changes IJre IrfIJde relatiw to these offerings 1 definitely would like these things considered. Thank you again/or all thefine work. Respectfully.. ~t#?~ Alton E. Porter Councilman at-Large "B" RECEIVED MAR 0 5 2002 CITY MANAGER'S OFFICE P.O. Box 1115' La Porte. Tcxa.~ 77572-1115' (281) 471~5020 City of La Porte Established 1892 March 19, 2002 To: Martha Gillett Here is a copy of the letter I wrote on redistricting. It outlines the change I think should be made. As you can see, both Districts affected should have their populations enhanced but exact Census data are needed to be sure. Don't forget to specifY two polling places instead of seven. Thee for school elections. "'''''''''''''''' ------ "'''''''''''''''' December 17, 2001 To: From: Re: Mayor & Council Guy Sutherland Redistricting I have one change that I would like to make when we consider redistricting. I think it would be better if the eight residences south of H Street west of Big Island Slough were kept in District 1 instead of being moved to District 3. I am not able to determine specific data because they are in census tract 3433, block 3028 which covers everybody south ofH Street between Sens and Underwood and includes 675 people. Using our city guideline of 3 people per dwelling, I estimate we are talking about 24 people in the eight homes. Three families are Hispanic and the others white. Using my estimate, if the change were adopted the two districts would be: District 1 - new 5491 population 178 variance 3.35% Variance old 5467 154 2.90 District 3 - new 5507 old 5531 194 218 3.65 4.10 As you can see, the variance improves the population balance. P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 COUNCIL WORKSHOP ON RE-DISTRICTING MAP May 20, 2002 The sketch below shows a portion of proposed Council District 6, east of Union Pacific Rail Line and west of Broadway as shown on the re-districting map submitted to Council from the Re-Districting Committee. This is a schematic representation on Census Blocks and their associated populations. The blocks shaded are considered part of District 4 according to the Re-Districting Committee's map; all other blocks are considered part of D" . 6 ~ Istnct . ( .'> '~'" West "H" Street "---'-. ..) o 0 o o 0 0 0 o 0 0 0 o o o 0 0 0 SH 0 0 146 o 18 26 18 121 0 0 17 Fairmont Parkway Staff has analyzed removing this "finger" from District 6 all the way to Broadway. If this were to happen, the 4tir~.n~t~jlFllWtl:tt,.A.~~ Current numbers for District 6 from Committee's map: Population 5464, % Variance from ideal of5313 (+)2.84% Remove "finger" from District 6 Population 5239, % Variance from ideal of 5313 (-)1.39% If the entire "finger" was shifted to District 4: Current numbers for District 4 from Committee's map: Population 5064, % Variance from ideal of 5313 (-)4.69% Add entire "finger" to District 4 Population 5289 % Variance from ideal of 5313 (-)0.45% If the entire "finger" was shifted to District 5: Current numbers for District 5 from Committee's map: Population 5048, % Variance from ideal of 5313 (-)4.99% Add entire "finger" to District 5 Population 5305, % Variance from ideal of 5313 (- )0.15% Current numbers for District 4 from Committee's map: Population 5064, % Variance from ideal of 5313 (-)4.69% Remove four Census blocks from district 4 (add to district 5) Population 5032, % Variance from ideal of 5313 (- )5 .29% The next scenario analyzed would be to divide the "finger" along "I" Street and add the north half into District 4 and add the south half into District 5. This is shown schematically below: West "H" Street 0 0 0 0 0 0 0 0 0 0 0 0 18 26 18 25 4 0 0 0 0 0 0 0 SH 0 0 121 0 0 17 28 0 146 F airmont Parkway If the entire "finger" was divided into District 4 and District 5: Current numbers for District 4 from Committee's map: Population 5064, % Variance from ideal of 5313 (-)4.69% Add north half of "finger" to District 4 Population 5123, % Variance from ideal of 5313 (-)3.58% Current numbers for District 5 from Committee's map: Population 5048, % Variance from ideal of 5313 (-)4.99% Add south half of "finger" to District 5 Population 5214, % Variance from ideal of 5313 (-)1.86%