HomeMy WebLinkAbout2005-03-28 Regular Meeting, Public Hearing and Workshop Meeting of the La Porte City Council
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MINUTES OF REGULAR MEETING, PUBLIC HEARING, and WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
March 28, 2005
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 6:04 p.m.
Members of City Council Present: Mayor Alton Porter, Councilmembers Chuck Engelken, Tommy Moser, Barry
Beasley, Mike Clausen, Mike Mosteit, Louis Rigby and Peter Griffiths
Members of Council Absent: Councilmember Ebow
Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Assistant City Manager
John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Attorney Clark Askins, City Attorney Knox
Askins, Fire Chief Mike Boaze, Police Chief Richard Reff, City Secretary Martha Gillett, Public Works Director Steve
Gillett, Assistant Finance Director Michael Dolby, City Planner Masood Malik, Purchasing Manager Susan Kelley,
CSO Records Technician Susan Felty and CSO Secretary Susan Turner, Court Administrator Aimee Bird, Assistant
Police Chief Aaron Corrales, Municipal Judge Denise Mitrano, Human Resources Manager Sherri Sampson, and
Supervising Engineer Robert Cummings
Others Present: Reverend Mary Currie, Spero Pomonis, Bill Scott, Barbara Norwine, Sue Gale Mock Kooken,
Samantha Bryant, Fred Harzelka, James Gardner, Bill White, Debbie Lambert, Cheryl & Rusty Hargett, Fred Young,
Russ Lundem, Craig Snyozr, Janet Cummings, Bruce Compton, Johnny Wehba, Stuart Haynsworth, Trent Wise,
Donald Davis, Glenn Landrum, Dennis Fisco, Michael Fisco, J.B. Williamson, Neil Welch, Deborah Johnson, Don
Wilmore, Beverly Michael, Nick Barrera, Mrs. Fran Strong and other citizens and students
2. Reverend Mary Currie ofSt. James Presbyterian Church of La Porte delivered the invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENT A nONS / PROCLAMA nONS
A. The American Legion Boys and Girls State were recognized by Mayor Porter, Bill White, Betty & Bill
Manbeck of The American Legion, LPISD Principal David Drake, Council, Staff and citizens in honor of their
participation of Boys and Girls State. Counselor Debbie Lambert, Roberta Steel, Kathryn Lawler, Kelli
Spaugh, Alex Osmond, Trey Van Dyke of the American Legion were present, with each commenting on the
benefits of the program.
B. Mayor Porter recognized Building Official Debbie Wilmore in honor of being the "Recipient of 2005 Jim
Whatley Building Official of the Year". Mr. Landrum made a presentation on "Building Official Association
of Texas."
C. Mayor Porter, Glenn Landrum and Planning Secretary Peggy Lee recognized the Inspections Department for
receiving "A ward of Excellence for Small Jurisdictions".
D. Mayor Porter and Councilmember Tommy Moser presented the "National Community Development Week"
Proclamation to City Planner Masood Malik. Mr. Moser commented how the late Councilmember James
Warren advanced this wonderful program, and commented on how the program has made a positive
difference within the community.
E. Mayor Porter and Councilmember Peter Griffiths presented New Life Community Church, Public Liaison
Deborah Johnson with a Proclamation in honor of "Contribution to Youth Advisory Commission Summit".
19. Executive Session was presented out of order.
EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER
551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE (CONSULTATION WITH
ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING
PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING
City Council Regular Meeting, Public Hearing Meeting and Workshop Meeting - March 28, 2005
Page 2
SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER
WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS)
551.071 - (POTENTIAL LITIGATION) - MEET WITH CITY MANAGER AND CITY ATTORNEY ON
POTENTIAL LITIGATION
551.074 - (PERSONNEL MATTER) - CITY MANAGER'S EVALUATION
Council retired to Executive Session at 6:37 p.m. and the Regular Meeting reconvened at 6:52 p.m.
20. Considerations and possible action on items considered in Executive Session.
There was no action taken during Executive Session.
5. Consent Agenda
A. Council to consider approving Minutes of the Regular Meeting and Public Hearing held on March 14,2005 and
Special Called Pre-Budget Workshop Minutes held on March 19,2005. The Minutes need to be corrected.
B. Council to consider awarding Bid #05012 for PE 2 and PE 4 Aggregate for Surface Treatment Rebid to Vulcan
Construction Materials in the amount of$61,290.00.
C. Council to consider awarding contract to Standard Security Life Insurance Company for Stop Loss Coverage.
Councilmember Rigby had a question on Item C for discussion; regarding authorizing the City Manager to execute
the final policy contract for April 1, 2005 through March 31, 2006.
D. Council to consider approval or other action regarding an ordinance approving and authorizing a contract between
the City of La Porte and E.L. Harris III Construction, Inc. for construction of the 2005 Sidewalk Replacement
Project; appropriating $45,510.00.
Councilmember Moser pulled Consent Item D for discussion, regarding authorizing a contract between the City of
La Porte and E.L. Harris III Construction, Inc. for construction of the 2005 sidewalk replacement project.
E. Council to consider approval or other action regarding an ordinance amending City of La Porte Ordinance 2005-
2391-A establishing a Municipal Court Technology fund and providing for the assessment and collection of a
Municipal Court technology fee, by repealing Section 8, "Expiration and Administration of Fund".
Motion was made by Councilmember Engelken to approve Consent Items as presented. Second by
Councilmember Griffiths. Motion carried.
Ayes: Porter, Engelken, Moser, Mosteit, Clausen, Griffiths and Rigby
Nays: None
Abstain: Beasley from Regular Minutes and Public Hearing Minutes on March 14,2005
Abstain: Porter from Special Called Pre-Budget Workshop Meeting held on March 19,2005
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX P AYERS WISHING TO
ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA
Bill Scott of 1802 Lomax School Road, La Porte, Texas - Mr. Scott spoke of Board of Adjustment issues; and played
tapes and alleged the Board of Adjustment did not use same rules on voting at various meetings.
Barbara Norwine of 292 South Lobit, La Porte, Texas spoke of Board of Adjustment issues. The citizens do not know
what is expected at the meeting. There are issues with carports and also Planning & Zoning concerns.
Delia Claus was not present to speak.
City Council Regular Meeting, Public Hearing Meeting and Workshop Meeting - March 28, 2005
Page 3
7. Public Hearing - Discuss rezone request for 14.5 acres ofland located in the 3900 block of Underwood Road from R-1
and R-2 to NC as requested by applicant, Michael Fisco.
Open Public Hearing at 7:12 p.m.
Review by Staff -City Planner Masood Malik presented summary and recommendation and answered Council's
questions.
Public Input -J.B. Williamson spoke for Mike Fisco, in favor of rezoning. Mr. Williamson asked Council to have
legal check on animals.
Donald Davis of 3621 East Desert Drive, La Porte, Texas, stated that the animals do not bother him, but he has
concerns with businesses expanding and adding more concrete that would cause additional flooding to homes in the
areas.
Michael and Dennis Fisco of 3900 Underwood want to improve non-conforming as close to compliance as possible;
they spoke in favor of rezoning.
Fred Young of 4505 Dry Desert Way, La Porte, Texas, circulated photos of flooding for Council to review; he
suggested breaking-up zoning around residential areas.
Cheryl Hargett of 3617 East Desert Drive, La Porte, Texas, spoke in favor of rezoning and shares concerns for other
businesses coming to the area.
Bruce Compton of 10941 Spruce Drive, La Porte, Texas, is in favor of rezoning request.
The Planning & Zoning Commission, by a unanimous vote (4-3) recommends City Council to deny Rezone Request
#R05-002.
The Public Hearing was closed at 8:05 p.m.
8. Council to consider taking action on an ordinance to rezone 14.5 acres ofland located in the 3900 block of Underwood
Road from R-1 and R-2 to NC as requested by the applicant, Michael Fisco. The Planning and Zoning Commission
recommended denial. To overturn recommendation, it would require a % vote or 7 of 9 members.
Assistant City Attorney Clark Askins read: ORDINANCE 1501-HHHH AND #R05-002- AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING
THE ZONING CLASSIFICATION FROM LOW DENSITY RESIDENTIAL AND MEDIUM DENSITY
RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL REQUESTED BY MR. MICHAEL FISCO, OF AAA
FLEXIBLE PIPE CLEANING COMPANY LOCATED AT 3900 UNDERWOOD ROAD, ADJOINING THE
SUMMER WINDS SUBDIVISION, HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made bv Councilmember Engelken motioned to support Planning and Zoning Commission to deny
Rezone Request #R05-002 as presented. Second by Councilmember Griffiths. Motion failed.
Ayes: Engelken and Griffiths
Nays: Porter, Beasley, Mosteit, Clausen, Moser and Rigby
Abstain: None
City Council Regular Meeting, Public Hearing Meeting and Workshop Meeting - March 28, 2005
Page 4
Motion was made by Councilmember Beasley to accept Staffs recommendation to overturn Planning and Zoning's
denial.. Second by Councilmember Griffiths. Motion failed for lack of a super majority..
Ayes: Porter, Beasley, Mosteit, Clausen, Moser and Rigby
Nays: Engelken and Griffiths
Abstain: None
9. Public Hearing - Discuss rezone request for 2.08 acres of land located at 11820 North H Street from R-l to GC as
requested by applicant Richard Detwiler
Open Public Hearing - Mayor Porter opened the Public Hearing at 8:37 p.m.
Review by Staff - City Planner Masood Malik presented summary and recommendation and answered Council's
questions.
Public Input - Fred Hanzelka of 11803 North Avenue H, La Porte, Texas, requested City Council deny request and
voiced concerns with chemicals.
James Gardner of 11801 North Avenue H, La Porte, Texas, requested City Council deny request and voiced concerns
with chemicals.
Janet Cummings of 11806 North Avenue H, La Porte, requested City Council deny request and voiced concerns with
chemicals.
The Planning & Zoning Commission recommended denial; to overturn recommendation, it would require a % vote or 7
of 9 members.
The Public Hearing was closed at 8:50 p.m.
10. Council to consider and take action an ordinance to rezone 2.08 acres ofland located at 11820 North "H" Street from
R-I to GC as requested by the applicant. The Planning and Zoning Commission recommended denial. To overturn
recommendation, it would require a % vote or 7 of 9 members.
City Planner Masood Malik presented summary and recommendation and answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 1501-IIII AND #R05-003- AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONL Y REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING
THE ZONING CLASSIFICATION FROM LOW DENSITY RESIDENTIAL TO GENERAL COMMERCIAL
REQUESTED BY THE CHEM COAST, INC. LOCATED AT 11820 NORTH H STREET, NEAR SENS ROAD,
HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Beasley to table Ordinance 1501-IIII and #R05-003 until additional information
is provided from Staff and Safety Records from Chern Coast. Second by Councilmember Engelken Motion carried
unammous.
Ayes: Porter, Beasley, Engelken, Moser, Mosteit, Clausen, Griffiths and Rigby
Nays: None
Abstain: None
Councilmember Griffiths noted he would like to find out what type of chemicals Chern Coast uses. Councilmember
Beasley also had additional questions.
11. Public Hearing - Discuss SCUP for developing an Industrial Park containing rail operations, warehousing, industrial
and commercial uses.
City Council Regular Meeting, Public Hearing Meeting and Workshop Meeting - March 28, 2005
Page 5
Open Public Hearing - Mayor Porter opened the Public Hearing at 8:55 p.rn.
Review by Staff - City Planner Masood Malik presented summary and recommendation and answered Council's
questions.
Public Input - There was not any public input.
The Planning & Zoning Commission recommended approval with the understanding that a revised General Plan,
Development Agreement and all Exhibits contained therein will be presented in final form and that the SCUP does not
go into effect until all elements are approved by the City.
The Public Hearing was closed at 9:08 p.m.
12. Council to consider taking action on recommendation for approval by Planning and Zoning Commission for Special
Conditional Use Permit #SCU05-003.
City Planner Masood Malik presented summary and recommendation and answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 1501-JJJJ AND #SCU05-003- AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONL Y REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING
CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; APPROVING AND
AUTHORIZING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND LA PORTE 81,
LTD., LA PORTE 82, LTD., LA PORTE 115, LTD., STUART HA YNSWORTH, GENERAL PARTNER, AND LA
PORTE 146 LTD., FOR THE DEVELOPMENT OF A 342::!: ACRE TRACT IN THE CITY OF LA PORTE, TO BE
KNOWN AS THE TEXAS IMPORT-EXPORT PARK; MAKING CERTAIN FINDINGS OF FACT RELATED TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Mosteit to approve Ordinance 1501-JJJJ and #SCU05-003 as presented. Second
by Councilmember Griffiths. Motion carried.
Ayes: Porter, Beasley, Engelken, Moser, Mosteit, Clausen, and Griffiths
Nays: Rigby
Abstain: None
13. Council to consider approval of an ordinance permitting the City to purchase 5.12 acres of land on North P Street for
the sum of $83,000 for the F 101 system continuance.
Supervising Engineer Robert Cummings presented summary and recommendation and answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2005-2820 - AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND MARIA MORRERO,
INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF MARIO MARRERO,
DECEASED, FOR PURCHASE OF REAL PROPERTY FOR THE FI0l FLOOD DRAINAGE PROJECT; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilmember Moser to approve Ordinance 2005-2820 as presented. Second by
Councilmember Griffiths. Motion carried.
Ayes: Porter, Beasley, Engelken, Moser, Mosteit, Clausen, Rigby and Griffiths
Nays: None
Abstain: None
City Council Regular Meeting, Public Hearing Meeting and Workshop Meeting - March 28, 2005
Page 6
14. Council to discuss and consider approval or other action regarding a legislative bill filed, allowing trucks to haul and
extra 10,000 pounds of contained cargo.
Councilmember Beasley suggested pass a resolution. A letter needs to be sent to Senator Jackson and Representatives
with the Resolution and letter. Mayor directed Staff to fax to other cities, Councilmember Engelken to contact HGAC
regarding bill.
Motion was made by Councilmember Mosteit to draft Resolution opposing and letter as presented. Second by
Councilmember Moser. Motion carried unanimously.
Ayes: Porter, Beasley, Engelken, Moser, Mosteit, Clausen, Rigby and Griffiths
Nays: None
Abstain: None
15. A break was called at 9:15 p.m. and the Workshop convened at 9:23 p.m.
Open Workshop at 9:23 p.m.
A. Building Official Debbie Wilmore discussed options for mowing of City right-of-way, with the cost to mow areas
with homeowners, and provided staff with direction. Staff provided information; with this item being looked at
further during the budget meetings.
B. Supervising Engineer Robert Cummings discussed options concerning mitigation of parking on public rights-of-
way and reduction of sight triangle obstruction at 4th Street and Fairmont Parkway. Mr. Cummings was given
direction to research further and return to Council for action after verifying whether it needed to be bid..
16. Closed Workshop at 10:15 p.m. and reconvened Regular Meeting.
17. Administrative Reports
City Manager Debra Feazelle reminded Council and Staff of the First Lady Tour on Main Street, with the Texas
Historic Commission on Wednesday, March 30, 2005, at 10:00 a.m.; La Porte "Neighborhood" 2005 Gala on
Thursday, April 14, 2005, at the Sylvan Beach Pavilion at 6:00 p.m.; Fire Department Appreciation Banquet on
Thursday, April 14, 2005, at the Houston Yacht Club at 6:30 p.m.; and Plant Manager's Breakfast on Wednesday, May
18,2005, at Sylvan Beach Pavilion at 7:00 a.m.
18. Council Comments
Porter, Engelken, Mosteit, Beasley, Clausen, Moser, Rigby and Griffiths had comments.
21. There being no further business to come before Council, the Regular Meeting, Public Hearing and Workshop was duly
adjourned at 10:39 p.m.
Respectfully submitted,
~!JJdJttL~J11it
Ja~ha Gillett, TRMC
City Secretary
Passed and approved on this 11 th day of April 2005
~~~~
Mayor Alton E.Porter
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Roqo_~ Anrn 11.2005
Reqnested By: W~_ __
Department: Pluning
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES NO
Report: X Resolution:
Ordinance:
Exhibit 1:
Possible Off-Site Parking Lot
Exhibit 2:
Memo from legal counsel
SUMMARY & RECOMMENDATION
At the March 28, 2005 City council meeting, Council heard a workshop presentation on the possible use of the city
owned land between the water storage tanks and the Record Storage Facility on South 4th Street as an off-site
parking lot for Dr. Dilip Patel, MD.'s La Porte Medical Clinic located at the northeast comer of Fainnont Pmkway
and South 4th Street. This would be in exchange for the abatement of the trees obstructing the stopping sight triangle
at the northeast comer of South 4th Street and West Fainnont Parkway and for the cessation of parking of private
vehicles in the public right-of-way at the same location
The question was raised at the 3/28/05 Council meeting whetbeJ" or not public bids would be needed to lease out city
owned land. Staffhas checked with the legal counsel and ascertained that public bids will not be required. Council
has the following options:
1. If Council is interested in the potential use as described in the 3/28/05 Council meeting, Staff now asks that
Council direct staff to approach the Planning & Zoning Commission for a Special Conditional Use Permit
(SCUP) for off-site parking.
2. Direct staff to seek additional solutions to the above described sight triangle and parking problem.
3. Table the issue for further consideration.
4. Direct staff to instruct the landowner to cease and desist private parking on public right-of-way and remove
the obstructing trees at his expense.
The site is within 300 feet of the primary facility as required by the Zoning Ordinance. A public hearing is not
required.
Action Reauired bv Council:
Direct staff to approach the Planning & Zoning Commission for a SCUP for off-site parking if Council is interested
in leasing city owned land to Dr. Patel for such a use.
~
~ &-Md.
4-0~05
Date
EXHIBIT 1
EXHIBIT 2
Message
Page 1 of 1
Cummings, Robert
From: Sabo, Wayne
Sent: Thursday, March 31, 2005 13:56
To: Malik, Masood; Debbie Wilmore; Cummings, Robert; Huber, Mark
Subject: FW: Lease of real property to Dr. Patel
-----Original Message-----
From: Joerns, John
Sent: Thursday, March 31, 2005 1:48 PM
To: Alton Porter (E-mail 2); Alton Porter (E-mail); Barry Beasley (E-mail); Chuck Engelken (E-mail); Debra Feazelle (E-
mail); Howard Ebow (E-mail); Louis Rigby (E-mail); Martha Gillett (E-mail); Mike Clausen; Mike Clausen (E-mail); Mike
Mosteit (E-mail 2); Mike Mosteit (E-mail); Peter Griffiths (E-mail); Tommy Moser (E-mail)
Cc: Feazelle, Debra; Alexander, Cynthia; Gillett, Martha; Sabo, Wayne
Subject: FW: Lease of real property to Dr. Patel
Answer to question raised at 3/28 council meeting.
The lease of city property does not have to be bid-JJ
-----Original Message-----
From: Clark T. Askins [mailto:ctaskins@swbell.net]
Sent: Thursday, March 31, 2005 1:24 PM
To: Joerns, John
Subject: Lease of real property to Dr. Patel
Mr. John Joems:
To confirm our telephone conversation earlier today, it is my legal opinion that the notice and bidding
requirements for the transfer of public land contained in LGC Section 272.001 would not apply to the proposed
transaction with Dr. Patel, since it would be by way oflease. In the decision of Walker vs. City ofGeorgetvwn,
86 SW3d. 249, (Tex.App.-Austin, 2002), review denied Nov. 14,2002, the court held that because Section
272.001 uses the language "sold or exchanged", and nowhere refers to leases ofland, it can not be made to
apply to lease agreements. (The court applied the same reasoning to Section 253.001, dealing with election
requirements for transfers of park land or public squares, since 253.001 likewise refers only to "sales", and not
leases).
Thank you, and please call me if you have any further questions.
Clark Askins
Assistant City Atty.
04/01/05
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 11. 2005
Appropriation
Requested By: Aimee Rird-Conrt Administrator
Source of Funds:
Department: MUllkip:il1 CQurt
Account Number:
Report: X Resolution:
Ordinance:
X
Amount Budgeted:
City Ordinance
Amount Requested:
Exhibits:
Exhibits:
Contract
Budgeted Item: YES
NO
Exhibits:
Program Highlight Sheet
SUMMARY & RECOMMENDATION
Attached is a copy of a Inter-local cooperation contract from the Texas Department of Public Safety (OMNIBASE)
and a City Ordinance approving and authorizing an agreement between the City of La Porte and the Texas
Department of Public Safety (OMNIBASE) to enter into the FTA program which denies issuance of defendant's
drivers license until payment of outstanding warrants are received by the City of La Porte Municipal Court.
The Municipal court will be required to collect an additional $30.00 fee that will be distributed and paid on a
quarterly basis. The department of Public Safety will receive $20.00, Ornnibase will receive $6.00 and the City of
La Porte will retain $4.00 for each case cleared.
Also attached is a FT A Program highlight sheet containing statistical data and information about the programs
history.
Action Required bv Council: To consider approval of the TA rogram contract with the Department
of Public Safety (OMNIBASE) to assist the Municipal Court with collections of outstanding fees, fines
and warrants.
j Cc:'/Av\h 'fiJ ~~
tf--&, -CJ 5
Date
Approved for City Council Al!enda
ORDINANCE NO. 2005-
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF PUBLIC SAFETY
(OHNIBASE), TO ENTER INTO THE FTA PROGRAM WHICH DENIES ISSUANCE OF
A DEFENDANT'S DRIVERS LICENSE UNTIL PAYMENT OF OUTSTANDING WARRANTS
IS RECEIVED BY THE CITY OF LA PORTE MUNICIPAL COURT, 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, a copy of which is on file in the office
of the City Secretary. 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 Goyernment
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of April, 2005.
CITY OF LA PORTE
~LY~
Alton E. Porter
Mayor
ATTEST:
'1]@!!%gie~'
City Secretary
AP.PROVED: ;7
P:~;?V:~~
Knox W. Askins
City Attorney
By:
2
i
Interlocal Cooperation Contract
STATE OF TEXAS
COUNTY OF
~
~
~
I. Parties
This Interlocal Cooperation Contract ("Contract") is made and entered into
between the Texas Department of P~blic Safety ("TOPS"), a political subdivision
of the State of Texas, and the ('f:~\1 of ~, a local political
subdivision of the State of Texas. ----;-
II. Overview
The purpose of this Contract is. to implement the provIsions of Texas
Transportation Code Chapter 706. A local political subdivision may contract with
the TOPS to provide information necessary to deny renewal of the driver license
of a person who fails to appear for a complaint or citation or fails to payor satisfy
a judgement ordering payment of a fine or cost in the manner ordered by the
court in a manner involving any offense that a court has jurisdiction of under
Chapter 4, Code of Criminal Procedure.
The TOPS has authority to contract with a private vendor ("Vendor") pursuant to
Texas Transportation Code S706.008. The Vendor will provide the necessary
goods and services to establish an automated system ("FTA System") whereby
information regarding violators subject to the provisions of Texas Transportation
Code Chapter 706 may be accurately stored and accessed by the TOPS.
Utilizing the FTA System as a source of information, the TOPS may deny
renewal of a driver license to a person who is the subject of an FT A System
entry .
Each local political subdivision contracting with the TOPS will pay monies to the
Vendor based on a fee certain established by this Contract. The TOPS will make
no direct or indirect payments to the Vendor. The Vendor will ensure that
accurate information is available to the TOPS, political subdivisions and persons
seeking to clear their licenses at all reasonable times.
III. Definitions
"Complaint" means notice of an offense as defined in Article 27.14(d) or Article
45.019, Code of Criminal Procedure.
Revised (11/04)
1
"Department" or "TOPS" means the Texas Department of Public Safety.
"Failure to Appear Program" or "FTA Program" refers to the implementation
efforts of all parties, including those system components provided by the TOPS,
local political subdivisions and the Vendor, including the FT A System.
"Failure to Appear System" or "FTA System" refers to the goods and services,
including all hardware, software, consulting services, telephone and related
support services, supplied by the Vendor.
"FTA Software" refers to computer software developed or maintained now or in
the future by the Vendor to support the FTA System.
"Originating Court" refers to the court in which an applicable violation has been
filed for which a person has failed to appear or failed to payor satisfy a
judgement and which has submitted an appropriate FTA report.
"State" refers to the State of Texas.
"Local political subdivision" refers to a city or county of the State of Texas.
Unless otherwise defined, terms used herein shall have the meaning assigned by
Texas Transportation Code Chapter 706 or other relevant statute. Terms not
defined in this Contract or by other relevant statutes shall be given their ordinary
meanings.
IV. Governing Law
This Contract is entered into pursuant to Texas Government Code Chapter 791
and is subject to the laws and jurisdiction of the State of Texas and shall be
construed and interpreted accordingly.
V. Venue
The parties agree that this contract is deemed performable in Travis County,
Texas, and that venue for any suit arising from the interpretation or enforcement
of this Contract shall lie in Travis County . Texas.
VI. Application and Scope of Contract
This Contract applies to each FT A report submitted to and accepted by the TOPS
or the Vendor by the local political subdivision pursuant to the authority of Texas
Transportation Code Chapter 706.
Revised (11/04)
2
VII. Required Warning on Citation for Traffic Law Violations
A peace officer authorized to issue citations within the jurisdiction of the local
political subdivision shall issue a written warning to each person to whom the
officer issues a citation for a traffic law violation. This warning shall be provided
in addition to any other warnings required by law. The warning must state in
substance that if the person fails to appear in court for the prosecution of the
offense or if the person fails to payor satisfy a judgement ordering the payment
of a fine and cost in the manner ordered by the court, the person may be denied
renewal of the person's driver license. The written warning may be printed on
the citation or on a separate instrument.
VIII. FTA Report
If the person fails to appear or fails to payor satisfy a judgement as required by
law, the local political subdivision may submit an FTA report containing the
following information:
(1) the jurisdiction in which the alleged offense occurred;
(2) the name of the local political subdivision submitting the report;
(3) the name, date of birth and Texas driver license number of the person
who failed to appear or failed to payor satisfy a judgement;
(4) the date of the alleged violation;
(5) a brief description of the alleged violation;
(6) a statement that the person failed to appear or failed to payor satisfy a
judgement as required by law;
(7) the date that the person failed to appear or failed to payor satisfy a
judgement; and
(8) any other information required by the TOPS.
There is no requirement that a criminal warrant be issued in response to the
person's failure to appear. The local political subdivision must make reasonable
efforts to ensure that all FT A Reports are accurate, complete and non-
duplicative.
IX. Clearance Reports
The originating court that files the FTA Report has a continuing obligation to
review the report and promptly submit appropriate additional information or
reports to the Vendor or the TDPS. The clearance report shall identify the
person, state whether or not a fee was required, advise the TDPS to lift the
denial of renewal and state the grounds for the action. All clearance reports must
be submitted within five business days of the time and date that the originating
Revised (11/04)
3
court receives appropriate payment or other information that satisfies the citizen's
obligation to that court.
To the extent that a local political subdivision utilizes the FTA Program by
submitting an FT A Report, there is a corresponding obligation to collect the
statutorily required $30.00 administrative fee. If the person is acquitted of the
underlying offense for which the original FT A Report was filed, the originating
court shall not require payment of the administrative fee. The local political
subdivision shall submit a clearance report within five business days advising the
TOPS to lift the denial of renewal and identifying the grounds for the action.
The local political subdivision must promptly file a clearance report upon payment
of the administrative fee and:
(1) the perfection of an appeal of the case for which the warrant of arrest
was issued or judgement arose;
(2) the dismissal of the charge for which the warrant of arrest was issued
or judgement arose;
(3) the posting of a bond or the giving of other security to reinstate the
charge for which the warrant was issued;
(4) the payment or discharge of the fine and cost owed on an outstanding
judgement of the court; or
(5) other suitable arrangement to pay the fine and cost within the court's
discretion.
The TOPS will not continue to deny renewal of the person's driver license after
receiving notice from the local political subdivision that the FT A report was
submitted in error or has been destroyed in accordance with local political
subdivision's record retention policy.
X. Compliance with Law
The local political subdivision understands and agrees that it will comply with all
local, state and federal laws in the performance of this Contract, including
administrative rules adopted by the TOPS.
XI. Accounting Procedures
An officer collecting fees pursuant to Texas Transportation Code S706.006 shall
keep separate records of the funds and shall deposit the funds in the appropriate
municipal or county treasury. The custodian of the municipal or county treasury
may deposit such fees in an interest-bearing account and retain the interest
earned thereon for the local political subdivision. The custodian shall keep
Revised (11/04)
4
accurate and complete records of funds received and disbursed in accordance
with this Contract and the governing statutes.
The custodian shall remit $20.00 of each fee collected pursuant to Texas
Transportation Code 3706.006 to the Comptroller on or before the last day of
each calendar quarter and retain $10.00 of each fee for payment to the Vendor
and credit to the general fund of the municipal or county treasury.
XII. Payments to Vendor
The TOPS has contracted with OmniBase Services of Texas ("Vendor"), a
corporation organized and incorporated under the laws of the State of Texas,
with its principal place of business in Austin, Texas, to assist with the
implementation of the FT A Program.
Correspondence to the Vendor may be addressed as follows:
OmniBase Services of Texas
7320 North Mo Pac Expressway, Suite 310
Austin, Texas 78731
(512) 346-6511 ext. 100; (512) 346-9312 (fax)
The local political subdivision must pay the Vendor a fee of $6.00 per person for
each violation which has been reported to the Vendor and for which the local
political subdivision has subsequently collected the statutorily required $30.00
administrative fee. In the event that the person has been acquitted of the
underlying charge, no payment will be made to the Vendor or required of the
local political subdivision.
The parties agree that payment shall be made by the local political subdivision to
the Vendor no later than the last day of the month following the close of the
calendar quarter in which the payment was received by the local political
subdivision.
XIII. Litigation and Indemnity
In the event that the local political subdivision is aware of litigation in which this
Contract or Texas Transportation Code Chapter 706 is subject to constitutional,
statutory, or common-law challenge, or is struck down by judicial decision, the
local political subdivision shall make a good faith effort to notify the TOPS
immediately.
Revised (11/04)
5
Each party may participate in the defense of a claim or suit affecting the FTA
Program, but no costs or expenses shall be incurred for any party by the other
party without the other parties' written consent.
To the extent authorized by law, the local political subdivision agrees to
indemnify and hold harmless the TOPS against any claims, suits, actions,
damages and costs of every nature or description arising out of or resulting from
the performance of this Contract, and the local political subdivision further agrees
to satisfy any final judgement awarded against the local political subdivision or
the TOPS arising from the performance of this Contract, provided said claim, suit,
action, damage, judgement or related cost is not attributed by the judgement of a
court of competent jurisdiction to the sole negligence of the TOPS.
It is the agreement of the parties that any litigation involving the parties to this
Contract may not be compromised or settled without the express consent of the
TOPS, unless such litigation does not name the TOPS as a party.
This section is subject to the statutory rights and duties of the Attorney General
for the State of Texas.
XIV. Contract Modification
No modifications, amendments or supplements to, or waivers of, any provision of
this Contract shall be valid unless made in writing and executed in the same
manner as this Contract.
XV. Severability
If any provision of this Contract is held to be illegal, invalid or unenforceable
under present or future laws effective during the term hereof, such provision shall
be fully severable. This Contract shall be construed and enforced as if such
illegal, invalid or unenforceable provision had never comprised a part hereof, and
the remaining provisions shall remain in full force and effect and shall not be
affected by the illegal, invalid or unenforceable provision or by its severance
therefrom.
XVI. Multiple Counterparts
This agreement may be executed in a number of identical counterparts, each of
which shall be deemed an original for all purposes and all of which constitutes,
collectively, one agreement. But, in making proof of this agreement, it shall not
be necessary to produce or account for more than one such counterpart.
Revised (11/04)
6
XVII. Effective Date of Contract
This contract shall be in effect from and after the date that the final signature is
set forth below. This contract shall automatically renew on a yearly basis.
However, either party may terminate this agreement upon thirty days written
notice to the other party. Notice may be given at the following addresses:
Local Political Subdivision
Texas Department of Public Safety
Project Administrator, FT A Program
5805 North Lamar Boulevard
Austin, Texas 78773-0001
(512) 424-5948 (fax)
Notice is effective upon receipt or three .days after deposit in the U.S. mail,
whichever occurs first. After termination, the local political subdivision has a
continuing obligation to report dispositions and collect fees for all violators in the
FTA System at the time of termination.
TEXAS DEPARTMENT OF
PUBLIC SAFETY
LOCAL POLITICAL SUBDIVISION*
Date
. A
~riz~~QazLL
~':4 mt1J1a.~~
Title:
4.11, ~5
Date
Oscar Ybarra
Chief of Finance
* An additional page may be attached if more than one signature is required to
execute this contract on behalf of the local political subdivision. Each signature
block must contain the person's title and the date.
Revised (11/04)
7
FTA Pr02ram Hi2hli2hts
· Authorized by Legislature - Traffic violations after Sept. 1, 1995.
Expanded to include all Class C misdemeanors after Sept. 1, 1999.
Failure to Payor Satisfy Judgements after Sept. 1,2001
Expanded to include all County courts/offenses after June 18, 2003
· Tool to assist cities/counties in collection of violations
· Voluntary program to compliment other local enforcement
programs
· Cities/counties contract with DPS - No cost to participate but
requires computers and staff to enter offenses and collection of $30
FTA fee
· Statute provides immunity for state and political subdivision
· Jurisdiction controls disposition of cases and collects the proceeds
· Warrants - Does not require nor prohibit use of warrants
· Omnffiase Services was vendor selected by DPS to administer FTA
Omnffiase provides:
software for database entry - free of charge
automated database of violators
letter to violator within 24 hours of DPS acceptance
800 numbers and operator assistance for offenders
maintains database for 5 years and indefmitely for non-clears
monthly training in Austin for RES user
Database Totals Since Program Inception (Oct. 10, 1996 - Feb. 28,2005)
Total Offenses Entered - 3,488,599
Total Offenses Cleared -- 1,651,808
Clearance Rate - 47.30/0
(All information presented here provided by OmniBase)
o
RESOLUTION NO.2005- 06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
SUPPORTING THE 2005-2006 CDBG GRANT FOR NEIGHBORHOOD CENTER
INe.
WHEREAS, Neighborhood Center Inc. strives to provide a family oriented program,
which provides services in the form of after-school care, summer care, and family referral
services to low and moderate-income families.
WHEREAS, Neighborhood Center Inc. provides children with positive experiences that
they need and deserve. Regardless of gender, ethnic heritage, economic situation or
geographic location, these assets both promote positive behaviors and attitudes and help
protect young people from many different problem behaviors.
WHEREAS, Neighborhood Center Inc.emphasizes Asset Building Activities, which are
40 qualities that students need in order to be successful in life.
WHEREAS, Neighborhood Center Inc.after-school students have a safe and enriching
environment.
WHEREAS, the CDBG Funds provide academic assistance, enrichment activities,
prevention units, recreational and social opportunities, and strong family involvement.
WHEREAS, CDBG Funds have allowed certified art and music teachers to provide
excellent creative activities that these children would otherwise not have because of the
cost of their parents.
NOW THEREFORE, BE IT RESOLVED, that the City of La Porte, Supports Texas
Neighborhood Centers Inc. receiving the 2005/2006 CDBG Grant.
PASSED AND APPROVED, by the CITY COUNCIL on this, the 11 th day of April 2005.
CITY OF LA PORTE, TEXAS
~G?~
Alton Porter, Mayor
ATTEST:
~()iJiJf{~ffi/
MartHa Gillett, City Secretary
APPROVED:
~ {Ir ~ ~4J J
Knox Askins, City Attorney ?/~ T. ~
1/ . e/TY /17TY.
------.
-----------
.-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 11. 2005
Appropriation
Requested By: Debra Brooks Feazelle
Source of Funds: n/a
Department: Administration
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits:
Resolution
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Representative Hamric of Houston is proposing legislation that would allow trucks to haul an
extra 10,000 pounds of contained cargo, pushing the total allowed on the road, including the
tractor-trailer rig, to 90,000 from 80,000 pounds.
This resolution opposes HB 1882 in its current form and any legislation that would increase the
maximum transport hauled over Texas highways and encourages all Texas cities to do the same.
City Council met with representatives from industry. An agreement was made to form a
committee to work in the off season to propose legislation in 2007 with compromised position.
Action Required by Council:
Consider approval regarding a resolution opposing HB 1882 or any legislation that increases the
maximum transport hauled over Texas highways and urging other Texas cities to oppose this
legislation.
Approved for City Council A2enda
DeeArk.e~
4--& -05
Date
RESOLUTION NO. 2005-
A RESOLUTION OPPOSING HB 1882 OR ANY LEGISLATION THAT
INCREASES THE MAXIMUM TRANSPORT HAULED OVER TEXAS
HIGHWAYS AND URGING OTHER TEXAS CITIES TO OPPOSE THIS
LEGISLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, legislature is proposing legislation that would allow trucks to haul an extra
10,000 pounds of contained cargo, pushing the total allowed on the road, including the
tractor-trailer rig, to 90,000 pounds from 80,000 pounds; and
WHEREAS, cities in Texas are currently experiencing a tremendous amount of road
damage as a result of trucks hauling heavy loads; and
WHEREAS, heavy loads currently endanger the public safety of our citizens traveling
on these routes everyday;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. The City of La Porte strongly opposes HB 1882 in its current form and any
legislation that would increase the maximum transport hauled over Texas highways,
Section 2. The City of La Porte urges all Texas cities to do the same.
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 is 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 Chapter 551, Tx. Gov't
Code; and that this meeting has been open to the public as required by law at all times
during which this resolution and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 4. This Resolution shall be effective upon its passage and approval.
Passed by the City Council this 11 th day of April, 2005.
CITY OF ~ PORTE t1 y~.
ut:~ U. \k
Alton E. Porter
Mayor
1!lT
dU/rI) ().~
Mart a A. GIllett
City Secretary
~.
fA/;
/
Knox W. Askins
City Attorney
-
Ilrr/r. c/7Y/ /97'Tr'.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: A rilll th 2005
Bud2et
Requested By:
Source of Funds:
N/A
Department:
Fir~ MUllbaI'1l Offi~~
Account Number: N/A
Report:
Resolution:
Ordinance:
x
Amount Budgeted: N/A
Exhibits:
Ordinance
Amount Requested:
N/A
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Staff recommends adoption of the proposed amendments to the ordinance establishing the Fire Code Review Board.
The amended ordinance will create an additional article to chapter 38 of the City of La Porte's Code of Ordinances
by adding Article V. Fire Code Review Board; Sections 38-200 to 38-212. This action will mandate repealing
Section 105 - Section 105.3.3 of the Standard Fire Prevention Code - 1994 edition, enacted by Ordinance 98-2221.
This ordinance is necessary to formally define the duties and procedure governing the Fire Code Review Board and
its powers. The previous ordinances, cited above, that established the fire code review board was partially in the
1994 Standard Fire Prevention Code and partially in ordinance 98-2221 that amended the 1994 Standard Fire
Prevention Code.
The current ordinances do not clearly delineate the powers of the Fire Code Review Board. The new proposed
ordinance will define the powers of the Fire Code Review Board to interpretations and recommendations.
This amended ordinance was developed based upon two concerns. These issues were encountered during local
churches appealing to the Fire Code Review Board on sprinkler issues. Appeals to the Board centered on attempts
to override established Fire Codes rather than matters of interpretation.
The second reason this ordinance was developed was to establish recourse for an entity if it lost its appeal to the Fire
Code Review Board. The previous versions of the ordinance had no guidelines.
By adopting the proposed ordinance the Fire Code Review Board and its powers will be formally established and
will define the powers of the Fire Code Review Board to interpretations and recommendations.
Action Required bv Council:
Consider approval of proposed Ordinance establishing the Fire Code review Board that will establish Article V the
Fire Code Review Board in Chapter 38 of the City of La Porte's Code of Ordinances.
f - 1/ -0 S
Date
ORDINANCE NO. 05- n:0/
AN ORDINANCE REPEALING SECTION 105 - SECTION 105.3.3 OF THE
STANDARD FIRE PREVENTION CODE - 1994 EDITION ENACTED BY
ORDINANCE 98-2221 AND AMENDING CHAPTER 38 OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, "FIRE PREVENTION AND
PROTECTION," BY ADDING "ARTICLE V. FIRE CODE REVIEW BOARD";
SECTIONS 38-200 TO 38-212; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS
OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND
UPON CONVICTION SHALL BE FINED A SUM NOT TO EXCEED TWO
THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
SECTION 1. That Chapter 38, "Fire Prevention and Protection," is hereby
amended by adding "Article V. Fire Code Review Board", et seq;
Article V. Fire Code Review Board.
Sec. 38 - 200. Organization.
In order to hear and decide appeals of orders, decisions or determinations
made by the Fire Marshal relative to the application and interpretation ofthe
Fire Codes adopted in this chapter, there shall be and is hereby created by
the City Council of the City of La Porte, a Fire Code Review Board.
Whenever this Code refers to the term "Board of Adjustment and Appeals",
it shall mean the Fire Code Review Board as established herein.
Sec. 38 - 201. Compilation of Board.
The Fire Code Review Board shall consist of nine (9) voting members and
three (3) ex-officio members. The voting members shall be resident electors
of the City of La Porte or non-resident individuals owning or operating a
business within the City of La Porte, duly verified by proof of an applicable
tax statement or utility account for such business, who the City Council
deems competent to serve on such Board by virtue of their experience and
training in matters pertaining to Fire Safety Codes. Members of the Fire
Code Review Board may not be employed by the City of La Porte.
All cases to be heard by the Fire Code Review Board will always be heard
by a minimum of five (5) members.
Sec. 38 - 202. Membership and Terms.
Voting members of the Fire Code Review Board are appointed by the City
Council, for a term of three (3) years, and serve at the pleasure of the City
Council.
Whenever any position on the board shall become vacant by reason of death,
resignation or removal, the secretary shall notify the City Manager and
request a replacement. Vacancies shall be filled for the unexpired term of
any member whose term becomes vacant for any cause, in the same manner
as the original appointment was made. Additionally, the chairman may
request a replacement for any member who has missed three consecutive
meetings without being excused.
The members shall be appointed as follows:
1. The Councilpersons representing Districts, I, 2, 3, 4, 5, and 6 shall
each nominate one member.
2. The Councilpersons representing Districts, At Large - Position A and
At Large Position B, shall each nominate one member.
3. The mayor shall nominate one member.
The three ex-officio members shall be:
4. The Fire Chief, or his duly authorized representative.
5. The Fire Marshal, or his duly authorized representative.
6. The Chief Building official or his duly authorized representative.
All nominations are subject to confirmation by a majority of the City
Council of the City of La Porte.
A Chairperson and a Vice-Chairperson shall be selected by the members of
the Fire Code Review Board. Their duties will be to chair the meetings and
to maintain participation of the members.
The Fire Marshal or his designee shall be the Secretary to the Board. It shall
be his duty to post notices of meetings, keep meeting minutes, handle
correspondence and any other duties as may be assigned by the Board.
Sec. 38 - 203. Rules and Meetings.
The Fire Code Review Board shall adopt rules of procedure in accordance
with the provisions of this chapter, and this code. Meetings of the Board
shall be held at the call of the Chairman and at such other times as at least
five (5) members of the Fire Code Review Board may determine. All
meetings of the Fire Code Review Board shall be open to the public. The
Fire Code Review Board shall keep minutes of its proceedings, showing the
vote of each member upon each question, or if absent or in failing to vote,
indicating such fact, and shall keep records of all of its official acts, all of
which shall be immediately filed in the office of the City Secretary and shall
become a public record.
Sec. 38 - 204. Powers and Duties of the Board.
The Fire Code Review Board shall have the following powers:
1. To hear and decide appeals from the determination of the
Fire Marshal where it is alleged that on a claim that the true
intent of the Fire and Life Safety codes adopted in this
chapter have been incorrectly interpreted, that the provisions
of a code adopted under this chapter do not fully apply, or
that an equally good or better form of fire and life safety is
proposed. The Fire Code Review Board shall have no
authority to waive requirements of this code.
2. The Fire Code Review Board is to conduct a regular
comprehensive review of the codes adopted in this chapter, and
has the power to recommend to the City of La Porte's City
Council changes, additions, or deletions from said codes for any
reason including the following defects in the text of the codes
and deficiencies created by improper or lax administration of the
codes.
Sec. 38 - 205. Appeals to the Board.
Appeals to the Fire Code Review Board may be taken by any person
aggrieved or by any officer, department or board, of the city affected by any
decision of the Fire Marshal. Such appeal shall be taken within 30 days of
receiving written notification by the Fire Marshal, by filing with the Fire
Marshal from whom the appeal is taken specifying the grounds thereof. The
Fire Marshal from whom the appeal is taken shall forthwith transmit to the
Fire Code Review Board all papers constituting the record upon which the
action appealed was taken.
1. When appeals stay all proceedings. An appeal stays all proceedings
in furtherance of the action appealed from, unless the Fire Marshal
from whom the appeal is taken certifies to the Fire Code Review
Board after notice of appeal shall have been filed with him that by
reason of facts stated in the certificate a stay would, in his opinion,
cause immediate peril to life or property. In such case proceedings
shall not be stayed otherwise than by a restraining order, which may
be granted by the Fire Code Review Board or by a court of record, or
on notice of the Fire Marshal from whom the appeal is taken and on
due cause shown.
2. Time for and notice of hearing of appeal. The Fire Code Review
Board shall fix a reasonable time for the hearing of the appeal, give
public notice thereof, as well as due notice to the parties in interest,
and decide the same within a reasonable time. Upon the hearing any
party may appear in person or by agent or attorney.
3. Action on appeal. The Fire Code Review Board may, in conformity
with the provisions of this chapter, reverse or affirm, wholly or
partly, or may modify the order, requirement, decision, or
determination as ought to be made, and to that end shall have all the
powers of the Fire Marshal from whom the appeal is taken. The
board must find the following in order to grant an appeal:
a. That there is reasonable difference of interpretation as to the
specific intent of adopted fire codes, the adopted life safety
code and the adopted code amendments, provided the
interpretation of the Fire Marshal is a reasonable
presumption and the codes are unreasonable.
b. That the resulting interpretation will not grant a special
privilege to one property inconsistent with other properties or
uses similarly situated.
c. The decision of the board must be in the best interest of the
community and consistent with the spirit of the city's adopted
codes and regulations.
Sec. 38 - 206. Additional Conditions.
The Fire Code Review Board is empowered to impose upon any appeal any
condition reasonably necessary to protect the public interest and community
welfare.
Sec. 38 - 207. Notice of Public Meetings.
The notice of public meetings provided for in this section shall be given by a
written posting at city hall. The posting shall state the date and time of the
meeting as well as include a copy of the meeting Agenda. The posting shall
be made no closer than 72 hours prior to the meeting date or as otherwise
provided by State or Federal law, whichever notice requirements are stricter.
Sec. 38 - 208. Vote necessary for a Decision.
The concurring vote of a majority of four members of the Fire Code Review
Board shall be necessary to reverse any order, requirement, decision, or
determination of the Fire Marshal or to decide in favor of the applicant on
any matter upon which it is required to pass under this chapter, or to effect
any variance in this chapter.
Sec. 38 - 209. Appeals from the Fire Code Review Board.
Any person or persons, jointly or severally, aggrieved by any decision of the
Fire Code Review Board, or any taxpayer, or any officer, department, board,
or bureau of the city may present to a court of record a petition for a writ of
certiorari, duly verified, setting forth that such decision is illegal, in whole
or in part, specifying the grounds of the illegality. Such petition shall be
presented to the court within ten days after the filing of the decision in the
office of the Fire Code Review Board.
Sec. 38 - 210. Revocation or Modification.
The Board shall only consider a revocation or modification based on a written
report from the Fire Marshal stating Findings of Fact. An Appeal may be revoked
or modified for any of the following reasons:
1. The Appeal was obtained or extended by fraud or deception.
2. That one or more of the conditions imposed by the board in granting such
Appeal has not been complied with or has been violated.
3. As required in section 38 - 208, a majority of present members shall have
concurring votes as necessary for revocation or modification of a city
code.
Sec. 38 - 211. Reapplication.
No reapplication for an appeal which has been denied shall be filed earlier
than one year from the date of original denial.
As an exception to the one year rule, an applicant who received a denial may
reapply if the structure in question has undergone, in the opinion of the Fire
Marshal, significant redesign. Such changes must be of a nature as to warrant
reconsideration by the Board based upon criteria that have significant impact on
the intended construction and safety of the structure.
Sec. 38 - 212. Validity.
Upon a decision by the Board, written notice shall be mailed to the person,
firm or the address of such person, firm or corporation that proposed the
appeal. The same person, firm or the address of such person, firm or
corporation shall appear in the records of the City Secretary relating to the
granting within 5 working days.
SECTION 2. All ordinances and parts of ordinances inconsistent, or in conflict,
with this ordinance are hereby repealed, to the extent of such conflict only; provided,
however, the City of La Porte reserves all rights and remedies which may have accrued to
the City of La Porte for offenses which may have occurred prior to the effective date of
the repeal of said ordinances.
SECTION 3. All rights or remedies of the City of La Porte, Texas, are expressly
saved as to any and all violations of applicable fire and life safety codes or Chapter 38 of
the Code of Ordinances or amendments thereto, of said City of La Porte, that have
accrued at the time of the effective date of this Ordinance; and as to such accrued
violation, the court shall have all the powers that existed prior to the effective date of this
Ordinance; and as to such accrued violation, the court shall have all the powers that
existed prior to the effective date of this Ordinance; and that all existing violations of
previous building codes which would otherwise become non-conforming uses under this
Ordinance but shall be considered as violations of this Ordinance in the same manner that
they were violations of prior fire and life safety codes of said City of La Porte.
SECTION 4. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared
to be the intention of the City of Council to have passed each section, sentence, phrase, or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
SECTION 5. 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 6. Any person, as defined in Section 1.02(27) Texas Penal Code, who
shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor
and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars
($2,000.00). Each day a violation of this ordinance shall continue shall constitute a
separate violation.
SECTION 7. This Ordinance shall become effective fourteen (14) days after its
passage and approval. The City Secretary shall give notice to the passage of the notice
by causing the caption to be published in the official newspaper of the City of La Porte at
least twice within ten (10) days after the passage of the Ordinance.
PASSED AND APPROVED THIS THE II~ DAY OF arAJ ~ ,2005.
CITY OF LA PORTE
By:
Ut~t}>~
ALTON E. PORTER,
Mayor
ATTEST:
BY:~~'
City Secretary
APPROVED:
By:
-'If) Ir, C/7y /l7-YCf:
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: S. Gillett
Agenda Date Requested:
Appropriation
Source of Funds:
GEN904
Department:
Public Works
Account Number: 015-9892-904-1100
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: N/A
Exhibits:
Ordinance
Amount Requested: $161,000
Exhibits:
Al!:reement with Huitt~ZoIlars
Budgeted Item: YES
Exhibits:
RFQ Evaluation
SUMMARY & RECOMMENDATION
The decision by the City to use the design-build method for the proposed Police Facility requires that
specific steps be taken to comply with current state law. State law (Section 271-119 Local Government
Code) specifically requires that the governmental entity utilizing design-build shall select or designate an
engineer or architect independent of the design-build firm to act as its representative for the duration of
the project. If the engineer or architect is not a full-time employee, the entity shall select a consultant
based on demonstrated competence and qualifications. The City does not currently employ an engineer or
architect (defined as registered with the state). The City also has no experience with design-build.
Qualification statements were received from three (3) firms experienced in Program Management of
design-build projects. A selection committee reviewed the qualifications and ranked each firm based on
the criteria outlined in the Request For Qualifications (RFQ). The ranking form and recommendation is
attached. The top-ranked firm was identified as Huitt~Zollars, an engineering firm in Houston that has
extensive experience with design-build program management. Huitt~Zollars was requested to submit a
proposal to perform program management services to the city for this Project. The proposal is a part of
the attached agreement. An outline ofthe scope and cost is listed below:
· Request for Proposal Preparation Phase $ 75,000
· Design-Builder Proposal Evaluation Phase $ 23,000
· Design Development and Construction Phase $ 33,000
· Construction Administration Phase $ 30,000
Total $161,000
Lump Sum
Hourly, Not to Exceed
Hourly, Not to Exceed
Hourly, Not to Exceed
With an estimated construction cost of $7M+, this contract represents approximately 2.3% of the total.
The preparation and evaluation of the Request for Proposals is as critical as the actual design-construction
of the project.
Action Required bv Council: Approve an ordinance authorizing the City Manager to execute an
agreement with Huitt~Zollars to perform Program Management services for the Policy Facility Project at
a cost not to exceed $161,000.
cJ1Ma
4---& - () 5
Debra Feazelle, Ci
Date
ORDINANCE NO. 2005- (
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND HUITT-ZOLLARS, INC., TO PROVIDE PROGRAM
MANAGEMENT SERVICES FOR THE NEW POLICE FACILITY, APPROPRIATING THE
SUM NOT TO EXCEED $161, 000 . 00 , TO FUND SAID CONTRACT, MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. 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 $161,000.00 from City of La Porte Fund Project No. GEN 904,
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.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of April, 2005.
By:
CITY OF LA PORTE
~~~~
Alton E. Porter
Mayor
ATTEST:
~iJ#~l~t(:tw/
City Secretary
APP~zJ.~
Knox W. Askins
City Attorney
2
HUITT-ZOLlARS. INC. . 1500 South Dairy Ashford . Suite 200 . Houston, TX 77077-3858 . 281.496.0066 phone . 281.496.0220 fax . huitt-zollars.com
Letter of Transmittal
Date:
03/30/05
Project No.:
ATTENTION:
Mr. Stephen L. Gillett. Director of Public Works
REFERENCE:
Standard Form of Aqreement
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City of La Porte
2963 North 23rd Street
MAR 3 1 Z005
TO:
La Porte. TX 77571
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WE ARE SENDING YOU:
o Shop Drawings
o Copy of letter
[8] Attached
o Prints
o Change Order
o Under a separate cover
o Plans 0 Specifications
o Samples D
Copies
2
Date
03/30/05
No.
Description
Standard Form of Agreement
THESE ARE BEING TRANSMITTED as checked below:
[8] For approval 0 Approved as submitted D Resubmit
D For your use 0 Approved as noted D Submit
o As requested D Returned for corrections D Return
D For review and comment D
D FOR BIDS DUE 20_ 0 PRINTS RETURNED AFTER LOAN TO US
copies for approval
copies for distribution
corrected prints
REMARKS:
Please find enclosed two (2) original contracts for your review and further processing. Please
contact me with any questions. Thank you.
COPY TO: Alp
SIGNED BY:~ t;~
STANDARD FORM OF AGREEMENT
BETWEEN CITY OF LA PORTE, TEXAS AND HUITT-ZOLLARS, INC.
STATE OF TEXAS
COUNTY OF HARRIS
THIS AGREEMENT, made the J Wl-day of April, 2005 by and between City of La Porte, Texas, hereinafter
called the "City", and Huitt-Zollars, Inc., a corporation existing under the laws ofthe State ofTexas, hereinafter
called the "Huitt-Zollars".
WITNESSETH, that whereas the City intends to retain the services of Huitt-Zollars to perform program
management services for the City's Design-Build new Police Station, such improvements being hereinafter
called the "Project".
NOW, THEREFORE, the City and the Huitt-Zollars, in consideration of the mutual covenants and agreements
herein contained, do agree as follows:
1. EMPLOYMENT OF Huitt-Zollars: The City agrees to employ the Huitt-Zollars and the Huitt-Zollars
agrees to perform the professional services in connection with the Project in La Porte, Texas and for
having rendered such services, the City agrees to pay to the Huitt-Zollars compensation as stated in the
sections to follow:
2. CHARACTER AND EXTENT OF SERVICES: The character and extent of services to be provided by the
Huitt-Zollars shall be as defined in Attachment A to this Agreement.
3. GENERAL CONDITIONS OF AGREEMENT: The parties to this Agreement shall be subject to the
General Conditions of Agreement, attached hereto and referred to as Attachment B. In the event of any
differences between the terms of this Agreement and the General Conditions, the provisions of this
Agreement shall control. Huitt-Zollars's obligations under this Agreement run to and are for the benefit of
only the City. This Agreement, with Attachments, represents the entire and integrated agreement
between the City and Huitt-Zollars and supersedes all prior negotiations, representations or agreements,
and terms and conditions on Purchase Order, either written or oral. This Agreement may be amended
only by written instrument signed by both the City and Huitt-Zollars.
4. FEES: For, and in consideration of, the services to be rendered by the Huitt-Zollars, the City shall pay,
and the Huitt-Zollars shall receive in Houston, Texas the fees set forth in the Attachment C - Schedule of
Fees to this Agreement.
5. ADDRESS OF NOTICES AND COMMUNICATIONS: All notices and communications under this
Agreement to be mailed or delivered to the Huitt-Zollars shall be sent to the following address:
Huitt-Zollars, Inc.
1500 Dairy Ashford, Suite 200
Houston, Texas 77077
Attn: Gregory R. Wine, P.E.
Vice President/Office Manager
All notices and communications under this Agreement to be mailed or delivered to the City shall be sent
to the following address:
City of La Porte
2963 North 23rd Street
La Porte, Texas 77571
Attn: Stephen L. Gillett
Director of Public Works
6. SPECIAL PROVISIONS:
IN TESTIMONY OF WHICH, this instrument has been executed on the day and year first above written.
Accepted
Proposed and Agreed to
City of La Porte
Huitt-Zollars, Inc. t
~ I!-vJ~
By: Gregory R. Wine, P.E.
By: o/l!MtJ 11~(}~
nle:~.
Attest:
Title: Vice President/Office Manager
Attest:~
ATTACHMENT A
SCOPE OF SERVICES
I. REQUEST FOR PROPOSAL PREPARATION PHASE
A. Huitt-Zollars, Inc. (Huitt-Zollars) shall review, discuss and assist the City of La Porte
(City) in the refinement of the existing Architectural Program Report (APR) to be
used as the basis for the Request For Proposal (RFP) that will be issued to the
Design-Builders (D-Bs). This effort may include, but is not limited to, the following.
1. Meet with the City's PM and others, as designated by City's PM, for formulation
and refinement of the APR. The Huitt-Zollars should allow for one meeting for
this effort.
B. The Huitt-Zollars shall prepare the design guideline and technical specifications for
the RFP. This effort shall include the following.
1. Provide recommendations to City's PM for geotechnical investigation services to
be provided by Others under separate contract with the City. This effort shall
include a limited number of borings to provide D-Bs with a "snap shot" of geology
that may be encountered on the site.
2. Provide recommendations to the City's PM for survey services to be provided by
Others under separate contract with the City.
3. Prepare drawings necessary to properly convey the requirements of the project.
Drawings shall include only a schematic site layout with utility connections
identified and floor plan.
4. Prepare Section 01010 - Design Guideline (DG) and Division 1 -16 Technical
Performance Specifications (TPS) for the architectural and engineering elements
of the project. The DG will be a comprehensive document that identifies the
overall scope of the project.
II. DESIGN-BUILDER PROPOSAL EVALUATION PHASE
A. The Huitt-Zollars shall, as requested and on an hourly basis, assist with the review
and evaluation of the D-Bs proposals. Final selection of the "best value" D-B will lie
solely with the City. This will be accomplished via a selection committee composed
of City employees. The PM's effort includes the following.
1. Evaluate technical and managerial elements of each D-B proposal and rank in
accordance with criteria established in the RFP and in a format approved by
City's PM.
2. Evaluate the Schematic Design element of each D-B proposal and rank in
accordance with criteria established in the RFP and in a format approved by
City's PM.
A-1
3. Review any value engineering proposals included in a proposal and provide a
written evaluation to City's PM.
4. Review and comment on submitted proposed construction schedule and any
assumptions upon which the schedule is based.
III. DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENT PHASES
A. The Huitt-Zollars shall, as requested and on an hourly basis, assist the City's PM
with the design development phase of the project. This effort may include the
following.
1. Provide technical review of plans and specifications submittals (architectural and
engineering) at each submittal phase. It is anticipated design submittals will be
required at 50%, 70% and 95% stage of completion. The Huitt-Zollars's technical
review shall ensure the materials and systems proposed by the D-B meet the
performance and quality criteria set forth in the contract documents. The
technical review shall also include review for compliance with any applicable
provisions, rules, regulations, standards and codes of any authority or agency
having jurisdiction over any element of the project. Format for review comments
submittal shall require approval by City's PM.
2. Evaluate D-B value engineering proposals, if any, and advise City on the merits
and disadvantages, if any, of each proposal. This shall include advising City of
any changes to the requirements of the contract documents which may be
required by acceptance of a value engineering proposal.
3. Review and reconcile all estimates and updates and provide a written report to
City's PM identifying any variance and underlying cause for variance. This
service will include discovery of unknown site conditions, changes in market
conditions for labor and materials, unanticipated requirements of an agency of
governing authority which has jurisdiction over any element of the project, owner
requested change to the project scope, etc. Provide the written report within 14
calendar days of receipt of a cost estimate.
4. Track and report on the D-B actual progress versus scheduled progress and
notify City's PM of any project issues that may arise which could impact the
orderly progress of the project.
5. Attend any design development review meeting with governmental authorities,
utility providers, etc. concerning regulatory compliance issues for utilization,
access, and providing utilities to any site, etc. Provide a copy of meeting notes to
City's PM within 3 calendar days of any meeting.
6. The Huitt-Zollars shall consult freely with City's PM during this phase of the
project and shall immediately advise him of any unusual requirements or features
not apparent during formulation of the project requirements that may impact
schedule and budget.
A-2
IV. CONSTRUCTION ADMINISTRATION PHASE
A. The Huitt-Zollars shall, as requested and on an hourly basis, provide services to the
City's PM during the construction phase of the project. This effort may include, but is
not limited to, the following.
1. Conduct periodic site visits to observe the construction of the project.
Observations are to determine that the workmanship, quality of materials, and
system(s) performance are in general conformance with the requirements of the
plans and specifications. Observation shall be provided by personnel technically
qualified by education and experience to competently observe such work.
2. Provide a written report on all site visits and submit to the City within 7 calendar
days of site visit. Copies shall be submitted in hard copy and electronic format.
Electronic format may be submitted as attachments to e-mail.
3. Review technical submittals, shop drawings, catalog data, laboratory, shop and
mill test reports of materials and equipment for general conformance with design
concepts.
4. Provide independent cost estimates and evaluation of any proposed changes to
the project either provided by the D-B as a "value engineering" proposal or as
requested by City as a project enhancement/modification. This is to include
assisting City, as requested, with negotiations for any proposed change
determined by City to add value to the project.
5. Upon receipt of notification by the D-B that the work or a portion thereof as
specified in the contract documents has been completed, the Huitt-Zollars and
City shall conduct an inspection, performed by the appropriate members of his
staff and/or affiliates and shall prepare a list of the items needing correction.
After the D-B has performed the required corrections satisfactory to the City, a
final inspection will be conducted. The Huitt-Zollars shall accompany City on the
final inspection to assure that the work or portion thereof has been completed in
accordance with the requirements of the Contract Documents. The Huitt-Zollars
shall review all warranties, guarantees, bonds, equipment operating manuals,
etc. to ensure that all documents are received and that they meet the
requirements of the Contract Documents, after which they shall be transmitted to
City. The Huitt-Zollars shall direct and attend the operational training sessions
designed to teach and assist the City's Maintenance personnel in the safe and
thorough repair and maintenance of the buildings, equipment and systems.
6. The Huitt-Zollars shall recommend to the City, once all contract requirements
have been satisfied by the D-B, beneficial occupancy.
A-3
ATTACHMENT B
GENERAL CONDITIONS OF AGREEMENT
BETWEEN CITY OF LA PORTE (City) AND HUITT-ZOLLARS, INC. (Huitt-Zollars)
1. STANDARD TERMS FOR ARCHITECTURAL, ENGINEERING, PLANNING AND
TECHNICAL SERVICES:
A. "Salary Cost' is defined as the cost of actual salaries of architects, engineers,
planners, draftsmen, clerks, stenographers, surveyors, etc., for time directly
chargeable to the project.
B. "Subcontract Expense" is that incurred by the Huitt-Zollars in employment of
outside firms for services (if not obtained directly by City), such as soil borings
and tests, surveying, aerial photography, construction of physical models, and
similar services. "Direct Non-labor Expense" is that incurred by the Huitt-Zollars
for supplies, transportation, tolls, parking fees, equipment, travel,
communications, xerox copies, faxes, printing of drawings and specifications,
postage, subsistence and lodging away from home, and similar incidentals in
connection with the Project. Those subcontract expenses and direct non-labor
expenses authorized by the City and defined as "Additional Services," shall be
reimbursed to the Huitt-Zollars as speCified in Attachment C - Schedule of Fees.
C. "Construction Cost" (applied where fees for basic services are expressed as a
percentage of "Construction Costs") is the total cost of Project facilities
authorized and handled in each separate phase of basic services; excluding
costs for Huitt-Zollars services, legal services, the costs of lands and rights-of-
way; but including the total cost for completed construction (including
modifications, and/or additions). The construction cost amount may vary from
one phase to the next, depending upon work authorized by the City.
Construction cost definition also includes cost of work authorized for design but
not constructed. For work not constructed, such as suspended work or
alternates not elected, the lowest bona fide bid received from a qualified bidder
will be the construction cost, or if no bids have been received, then the Huitt-
Zollars's estimate shall be used as a measure of construction cost. labor
furnished by the City for the project shall be included in the construction cost at
current market prices. Materials and equipment furnished by the City shall be
included at current market prices, except that used materials and equipment shall
be included as if purchased new for the Project. Where percentage fees are
obtained from a table or graph, a separate percentage fee shall be determined
and used for each separate construction contract for which separate designs and
construction documents are prepared.
2. COORDINATION WITH THE CITY:
The Huitt-Zollars shall hold periodic conferences with the City, or his representatives, to
the end that the Project, as it progresses, shall have benefit of the City's experience and
knowledge of existing needs and facilities, and be consistent with his current policies
and construction standards. To implement this coordination, the City shall make
available to the Huitt-Zollars, for use in planning the Project, all existing plans, maps,
field notes, statistics, computations and other data in his possession relative to existing
facilities and to the Project. The City shall furnish all legal, accounting and insurance
B-1
counseling services, land survey information, soils and laboratory testing, and other
special consultants including, but not limited to, asbestos, hazardous and toxic materials
management as required. The Huitt-Zollars shall be entitled to rely on the completeness
and accuracy thereof. If the City observes, or otherwise becomes aware of any fault or
defect in the Project, prompt written notice thereof shall be given by the City to the Huitt-
Zollars.
3. FEES:
For, and in consideration of, the services to be rendered by the Huitt-Zollars, the City
shall pay, and the Huitt-Zollars shall receive the fees set forth, for the indicated phases
of the work. Basis of compensation may be lump sum, percentage of construction cost,
cost-plus, multiplier of salary costs, or other basis. (See Attachment C - Schedule of
Fees.) Where the fee is based on percentage of construction cost, the fee for each
separate phase shall be based on the construction cost of all work authorized by the City
to be designed or handled by the Huitt-Zollars in each Phase, in accordance with this
Agreement, with construction cost being based on the lowest acceptable proposal or
lowest bona fide bid if no award is made. Where no proposals or bona fide bids are
received, the Huitt-Zollars's estimates shall be the basis for final payment for the Design
Phases.
Unless otherwise specified, fees shall be paid to the Huitt-Zollars in Houston, Texas, in
accordance with monthly billings based upon the estimates of work performed and
expenses incurred during that month. Any payments not made within thirty (30) days on
invoices rendered shall be subject to a charge for interest at the maximum legal rate,
beginning 30 days after the date of the invoice. Failure to make payments when due
shall entitle Huitt-Zollars to suspend services. The Huitt-Zollars's final payment is due
and payable upon issuance of Certificate of Completion or upon substantial completion
of the construction, and after the Huitt-Zollars has performed final inspection and
provided the City and Contractor a final checklist of minor items to be completed. No
deductions shall be made from the Huitt-Zollars's compensation on account of penalty,
liquidated damages, or other sums withheld from payments to contractors, or on account
of damages or cost of changes in the Work other than those for which the Huitt-Zollars is
adjudicated legally liable.
4. REVISION TO DRAWINGS AND SPECIFICATIONS:
Where lump sum or percentage fees are paid for defined basic services, the Huitt-Zollars
will make, without expense to the City, such revisions of the preliminary drawings as
may be required to meet the needs of the City, but after a definite plan has been
approved by the City, if a decision is subsequently made which for its proper execution,
involves added services and expenses for changes in, or additions to, the drawings,
specifications or other documents, or if the Huitt-Zollars is put to labor or expense by
delays imposed on him from causes not within his control, such as the readvertisement
of bids or by the delinquency or insolvency of contractors, the Huitt-Zollars shall be
compensated for such added services and expense, which services and expense shall
not be considered as covered by the basic fees stipulated in the Agreement.
Compensation for such added services and expense shall be made in accordance with
the terms for "Additional Services". It is anticipated that inspection services, if provided,
will be performed over a period not exceeding the construction time included in the
specifications or bid forms, plus 30 days.
B-2
5. OWNERSHIP OF DOCUMENTS:
It is understood that the Huitt-Zollars is preparing documents for a specific installation,
rather than standard documents for repetitive multiple use. Therefore, all documents,
including original drawings, estimates, specifications, field notes and data are and
remain the property of the Huitt-Zollars as instruments of service. The City may obtain,
upon payment of fees due the Huitt-Zollars, reproducible copies of drawings, and copies
of other documents, in consideration of which it is mutually agreed that the City will use
them solely in connection with the Project, and shall not authorize their use on other
projects, except by written agreement with the Huitt-Zollars.
6. TERMINATION; SUSPENSION OF WORK:
The City may, at its discretion, terminate the work or indefinitely suspend the work under
this Agreement, by giving a seven-day written notice. In such event, the City shall
assume all obligations, commitments and claims that the Huitt-Zollars may have
theretofore in good faith undertaken or incurred in connection with the Project.
If the Project is terminated, abandoned or suspended upon completion of any phase of
the Huitt-Zollars services, payment will be made as outlined in the Schedule of Fees, for
each phase. If the Project is terminated or abandoned, or is suspended for more than
three months during any phase of the work, the Huitt-Zollars shall be paid for services
rendered during such phase on the basis of his reasonable estimate of the portion of
such phase completed prior to suspension of the Project. The Huitt-Zollars shall be
equitably paid for services rendered prior to effective termination notice date and for
reasonable termination expenses.
7. PROFESSIONAL RESPONSIBILITIES:
Services will be performed in accordance with sound and generally accepted principles
as expeditiously as is consistent with professional skill and care and the orderly progress
of the work. The Huitt-Zollars shall not be liable for any indirect or consequential loss or
damage arising out of the performance of services hereunder, including, but not limited
to loss of profit or business interruption, whether caused by negligence of the Huitt-
Zollars or otherwise. The Huitt-Zollars shall use reasonable and acceptable methods in
preparing designs and cost estimates and in providing Construction Phase Services
(where required) but does not serve as guarantor and shall not be responsible for bids
varying above or below estimates, or for the Construction Contractor's failure to perform
the work in accordance with the Construction Documents. Revisions to Contract
Documents during the Construction Phase resulting in added construction work are not
unusual. Therefore, reasonable Construction Phase contingency reserve funds should
be established by the City. On fast-track projects with multiple construction packages
and accelerated schedules, reduced escalation accrues as a benefit to the City, and the
City should anticipate increased changes during construction to effect interface between
bid packages and to resolve design ambiguities and conflicts.
The Huitt-Zollars shall be included as additional insured, where construction is involved,
on the Builder's Risk policy (on All-Risk Basis) and on City's Protective Liability Policy.
The Huitt-Zollars shall not have control of or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or safety
precautions and programs in connection with the activities of the Construction
Contractor.
B-3
As to warranty of, or patent indemnity on, items of machinery, equipment, or other products
manufactured by others, or work of construction contractors, subcontractors, or
manufacturers, the Huitt-Zollars's responsibility with respect thereto is limited to the
assignment by the Huitt-Zollars to the City of the Construction Contractor's (or
manufacturer's) warranty, guaranty, or patent indemnity, and the Huitt-Zollars agrees to
cooperate with the City in the enforcement thereof.
8. LIMITATION OF LIABILITY:
To the fullest extent permitted by law, and not withstanding any other provision of this
Agreement, the total liability, in the aggregate, of the Huitt-Zollars and the Huitt-Zollars's
officers, directors, partners, employees and subconsultants, and any of them, to the City
and anyone claiming by or through the City, for any and all claims, losses, costs or
damages, including reasonable attorney's fees and costs and expert-witness fees and costs
of any nature whatsoever or claims expenses resulting form or in any way related to the
Project or the Agreement from any cause or causes shall not exceed the total
compensation received by the Huitt-Zollars under this Agreement. It is intended that this
limitation apply to any and all liability or cause of action however alleged or arising, unless
otherwise prohibited by law.
9. FORCE MAJEURE:
The Huitt-Zollars shall not be responsible or liable for any loss, damage, or delay caused by
force majeure, which shall include riot, insurrection, embargo, fire or explosion, the
elements, act of God, epidemic, war, vandalism or sabotage, earthquake, flood, strike,
boycott, picketing, act of any government official or agency - civil or military, unavoidable
accident, unlawful act of third parties, or any cause, whether or not similar to the foregoing,
which is beyond the Huitt-Zollars's reasonable control.
10. MISCELLANEOUS PROVISIONS:
A. Unless otherwise specified, this Agreement shall be governed by the law of the
principal place of business of the Huitt-Zollars.
B. As between the parties to this Agreement; as to all acts or failures to act by either
party to this Agreement, any applicable statute of repose and limitations shall
commence to run and any alleged cause of action shall be deemed to have accrued
in any and all events not later than the relevant date of Substantial Completion of
the Work (as defined in the Construction Specifications).
C. The City and the Huitt-Zollars waive all rights against each other and against the
employees of the other for damages covered by any property insurance under the
Project Construction Specifications.
11. SUCCESSORS AND ASSIGNMENTS:
The City and the Huitt-Zollars each binds himself and his partners, successors, executors,
administrators and assigns to the other party of the Agreement and to the partners,
successors, executors, administrators and assigns of such other party, in respect to all
covenants of the Agreement. Except as above, neither the City nor the Huitt-Zollars shall
assign, sublet, or transfer his interest in the Agreement without the written consent of the
other, and they further agree that the Agreement represents the entire understanding of the
City and Huitt-Zollars and cannot be changed, added to or modified in any way except by
B-4
an instrument in writing signed by the City and by the Huitt-Zollars. The City and Huitt-
Zollars agree to the full performance of the covenants contained herein.
12. DISPUTE RESOLUTION
A. In an effort to resolve any conflicts that arise during the design and construction of
the Project or following the completion of the Project, the City and the Huitt-Zollars
each agree that all disputes between them arising out of or relating to this
Agreement or the Project shall be submitted to nonbinding mediation unless the
parties mutually agree otherwise.
B. The City and the Huitt-Zollars further agree to include a similar mediation provision
in all agreements with independent contractors and consultants retained for the
Project and to require all independent contractors and consultants also to include a
similar mediation provision in all agreements with their subcontractors,
subconsultants, suppliers and fabricators, thereby providing for mediation as the
primary method for dispute resolution between the parties to all those agreements.
B-5
ATTACHMENT C
SCHEDULE OF FEES
1.0 COMPENSATION FOR BASIC SERVICES
1.1 Huitt-Zollars, Inc.'s compensation, for the Basic Services described in Attachment A,
shall be as follows:
1.1.1 RFP Preparation Phase
1.1.2 D-B Proposal Evaluation Phase
1.1.3 DD & CD Phases
1.1.4 Construction Admin Phase
$ 75,000.00 Lump Sum
$ 23,000.00 HNTE
$ 33,000.00 HNTE
$ 30,000.00 HNTE
1.2. Invoices will be submitted monthly based upon percentage of work completed for
Lump Sum tasks.
1.3. Hourly Not to Exceed (HNTE) Services, if authorized by the City of La Porte
(City), shall be paid monthly on an hourly not-to-exceed basis as stated on
Standard Fee Schedule in Attachment D.
2.0 COMPENSATION FOR ADDITIONAL SERVICES
2.1. Because the effort required for some items of work varies considerably from
project to project, and because some items of work are sometimes provided
separately by the City, these services are not included as part of Basic Services
and are compensated for as Additional Services.
2.2 Additional Services, if authorized by the City, shall be paid monthly on an hourly
not-to-exceed basis as stated on Standard Fee Schedule in Attachment D.
C-1
Attachment D
HUITT -2OLlARS
HOURLY RATE SHEET
Professional Survey
Principal-In-Charge. . . . . . . . . . . . . . $ 175.00 Survey Manager. . . . . . . . . . . . . . $ 122.00
Sr. Project Manager. . . . . . . . . . . . . $ 170.00 Sr. Project Surveyor. . . . . . . . . . . . $ 116.00
Project Manager. . . . . . . . . . . . . . . . $ 155.00 Project Surveyor. . . . . . . . . . . . . . $ 93.00
QAlQC Manager. . . . . . . . . . . . . . . . $ 155.00 Surveyor Intern. . . . . . . . . . . . . . . $ 82.00
Sr. Civil Engineer. . . . . . . . . . . . . . . $ 160.00 Survey Technician. . . . . . . . . . . . . $ 80.00
Sr. Structural Engineer. . . . . . . . . . . $ 170.00
Sr. Mechanical Engineer. . . . . . . . . . $ 165.00 Survey Crews
Sr. Electrical Engineer. . . . . . . . . . . $ 165.00
Civil Engineer. . . . . . . . . . . . . . . . . $ 135.00 1-Person Survey Crew. . . . . . . . . . $ 70.00
Structural Engineer. . . . . . . . . . . . . $ 173.00 2-Person Survey Crew. . . . . . . . . . $ 110.00
Mechanical Engineer. . . . . . . . . . . . $ 155.00 3-Person Survey Crew. . . . . . . . . . $ 145.00
Electrical Engineer. . . . . . . . . . . . . . $ 155.00 1-Person Survey Crew-GPS. . . . . . . $ 120.00
Plumbing Engineer. . . . . . . . . . . . . . $ 130.00 2-Person Survey Crew-GPS. . . . . . . $ 162.00
Engineer Intern. . . . . . . . . . . . . . . . $ 98.00 3-Person Survey Crew-GPS. . . . . . . $ 200.00
Sr. Architect. . . . . . . . . . . . . . . . . . $ 142.00
Architect. . . . . . . . . . . . . . . . . . . . . $ 132.00 Construction
Architect Intern. . . . . . . . . . . . . . . . $ 85.00
Sr. Landscape Architect. . . . . . . . . . $ 115.00 Construction Manager. . . . . . . . . . $ 135.00
Landscape Architect. . . . . . . . . . . . . $ 85.00 Resident Engineer. . . . . . . . . . . . . $ 125.00
Landscape Architect Intern. . . . . . . . $ 75.00 Resident Project Representative. . . $ 85.00
Sr. Planner. . . . . . . . . . . . . . . . . . . $ 165.00
Planner. . . . . . . . . . . . . . . . . . . . . . $ 150.00 Administrative
Planner Intern. . . . . . . . . . . . . . . . . $ 87.00 Project Support. . . . . . . . . . . . . . . $ 56.00
Sr. Environmental Scientist. . . . . . . . $ 115.00
Environmental Scientist. . . . . . . . . . . $ 85.00 Reimbursable Expenses
Sr. Designer. . . . . . . . . . . . . . . . . . . $ 115.00
Designer. . . . . . . . . . . . . . . . . . . . . . $ 102.00 Outside Services. . . . . . . . . . . . . . Cost + 10%
Sr. CADD Technician. . . . . . . . . . . . . . $ 105.00 Consultants. . . . . . . . . . . . . . Cost + 10%
CADD Technician. . . . . . . . . . . . . . . . . $ 78.00 Mileage. . . . . . . . . . . . . . . . . . . . $0.405/mile
Rates effective until December 31, 2005.
STANDARD FORM OF AGREEMENT
BETWEEN CITY OF LA PORTE, TEXAS AND HUITT-ZOLLARS, INC.
STATE OF TEXAS
COUNTY OF HARRIS
THIS AGREEMENT, made thel {~ay of April, 2005 by and between City of La Porte, Texas, hereinafter
called the "City", and Huitt-Zollars, Inc., a corporation existing under the laws of the State of Texas, hereinafter
called the "Huitt-Zollars".
WITNESSETH, that whereas the City intends to retain the services of Huitt-Zollars to perform program
management services for the City's Design-Build new Police Station, such improvements being hereinafter
called the "Project".
NOW, THEREFORE, the City and the Huitt-Zollars, in consideration of the mutual covenants and agreements
herein contained, do agree as follows:
1. EMPLOYMENT OF Huitt-Zollars: The City agrees to employ the Huitt-Zollars and the Huitt-Zollars
agrees to perform the professional services in connection with the Project in La Porte, Texas and for
having rendered such services, the City agrees to pay to the Huitt-Zollars compensation as stated in the
sections to follow:
2. CHARACTER AND EXTENT OF SERVICES: The character and extent of services to be provided by the
Huitt-Zollars shall be as defined in Attachment A to this Agreement.
3. GENERAL CONDITIONS OF AGREEMENT: The parties to this Agreement shall be subject to the
General Conditions of Agreement, attached hereto and referred to as Attachment B. In the event of any
differences between the terms of this Agreement and the General Conditions, the provisions of this
Agreement shall control. Huitt-Zollars's obligations under this Agreement run to and are for the benefit of
only the City. This Agreement, with Attachments, represents the entire and integrated agreement
between the City and Huitt-Zollars and supersedes all prior negotiations, representations or agreements,
and terms and conditions on Purchase Order, either written or oral. This Agreement may be amended
only by written instrument signed by both the City and Huitt-Zollars.
4. FEES: For, and in consideration of, the services to be rendered by the Huitt-Zollars, the City shall pay,
and the Huitt-Zollars shall receive in Houston, Texas the fees set forth in the Attachment C - Schedule of
Fees to this Agreement.
5. ADDRESS OF NOTICES AND COMMUNICATIONS: All notices and communications under this
Agreement to be mailed or delivered to the Huitt-Zollars shall be sent to the following address:
Huitt-Zollars, Inc.
1500 Dairy Ashford, Suite 200
Houston, Texas 77077
Attn: Gregory R. Wine, P.E.
Vice PresidenUOffice Manager
All notices and communications under this Agreement to be mailed or delivered to the City shall be sent
to the following address:
City of La Porte
2963 North 23rd Street
La Porte, Texas 77571
Attn: Stephen L. Gillett
Director of Public Works
6. SPECIAL PROVISIONS:
IN TESTIMONY OF WHICH, this instrument has been executed on the day and year first above written.
Accepted
Proposed and Agreed to
City of La Porte
HUitt-Z;Z' ~nc ~ ~
By: ~ine, P.E.
By: tJ011M~(f~
~
Title: r
Attest: . ~Ad
Title: Vice PresidenUOffice Manager
Attest: ~
',,-
Interoffice Memorandum
City of La Porte
To:
Mayor and City Council
Subject:
Budget Adjustment
From:
Debra Brooks Feazelle, City Manager
Date:
April 7, 2005
The attached budget adjustment is for the one-time projects discussed at budget retreat that you
requested come back to you for action. Any or all items may be approved or pulled at this time. If we
missed one, please advise.
As always, call if you have questions.
DBF/db
Attachments
c: John Joerns
Cynthia Alexander
.,jj~oJuM I ~ ~ovll it! j j 1PvJ l'~ q .
~~~-Wi cL
~-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 11, 2005
Appropriation
Requested By: Cynthia B. Alexander
Source of Funds: N/ A
Department: Finance
Account Number: N/A
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: N/A
Exhibits: Ordinance
Amount Requested: N/A
Exhibits: Explanations
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2004-05 Budget on August 23,2004.
The Summary of Funds, which is shown below, represents the amendments which council previously approved to
the FY 2004-05 Budget. (*denotes funds with current changes)
Previously Proposed
Original Budget Amended Budget Amended Budget
General Fund $ 25,397,585 $ 25,504,963 $ 25,504,963
Grant Fund 206,871 366,233 366,233
Hotel/Motel Occupancy Tax 296,000 336,750 411,015 *
Community Investment 120,000 120,000 120,000
La Porte Development Corporation 280,050 280,050 280,050
Tax Increment Reinvestment Zone 33,000 33,000 33,000
Utility 7,083,190 7,083,190 7,083,190
Sylvan Beach 248,491 248,491 248,491
Airport 71,080 71,080 71 ,080
La Porte Area Water Authority 1,012,940 1,012,940 1,012,940
Golf Course 1,171,206 1,171,206 1,171,206
Motor Pool 1,989,806 1,989,806 1,989,806
Technology Fund 4,345,783 4,345,783 4,375,783 *
Insurance Fund 988,087 988,087 988,087
General Capital Improvement 405,296 942,763 1,060,913 *
Utility Capital Improvement 1,345,000 1,345,000 1,345,000
Sewer Rehabilitation Capital Improvement 350,000 350,000 350,000
Infrastructure Fund 0 0 0
1998 General Obligation Bond Fund 151,953 151,953 151,953
2000 General Obligation Bond Fund 165,000 165,000 165,000
2002 General Obligation Bond Fund 0 0 0
General Debt Service 1,951,586 1,951,586 1,951,586
Utility Debt Service 608,162 608,162 608,162
La Porte Area Water Authority Debt Service 771.588 771.588 771.588
Total of All Funds $ 48,992,674 $ 49,837,631 $ 50,060,046
Action Required bv Council:
Adopt Ordinance Amending Fiscal Year 2004-05 Budget for the items added back during the pre-budget workshop.
Approved for City Council Ae:enda
Debra B. Feazelle, City Manager
Date
Decision Information for City Council Reserves
Reserve for City Council Future Projects
$ 425,334
Add Backs
Beautification Signage CIP *
Communications Equipment
Summer Youth Program
Cemetary (Matching Grant)
Police DOT Scales
Mainstreet - Seed money for Downtown Improvements
Total
83,150
30,000
25,000
35,000
43,500
40,000
256,650
Remaining Reserve for City Council Future Projects
$ 168,684
* Large sign to be taken from Hotel/Motel Fund ($80,700)
Reserve for Insurance Plan
Amount Used
$ 310,000
28,000
Remaining Reserve for Insurance Plan
$ 282,000
Projects Discussed for Analysis for Budget 2006 Presentation
Renovation of Lomax City Hall
Rodeo Arena Roof
Texas Avenue
Sidewalk Replacement
ORDINANCE NO. 2004-2762-E
AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS,
FOR THE PERIOD OF OCTOBER 1,2004 THROUGH SEPTEMBER 30,2005; FINDING THAT ALL
THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT
OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that
an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the
beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said
Budget; and
WHEREAS, the Budget for the fiscal year October 1, 2004, through September 30, 2005, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on July 26, 2004, and a public hearing scheduled for August 23, 2004 was duly advertised and
held.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and attached hereto by reference
as Exhibit "A", is hereby amended as the Budget for the said City of La Porte, Texas, for the period of
October 1, 2004, through September 30, 2005.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has
been open to the public as required by law at all times during which this Ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
SECTION 4: This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 11th day of March, 2005.
gmT
fM1t~
Martha Gillett, City Secretary
CITY OF LA PORTE, TEXAS
~y~
Alton Porter, Mayor
AJ1'50VED: .
~ fA/: ~_;.
Knox Askins, City Attorney / /. ~ /1./-
h:!J (/WtV'C T ~
-
,{ i}lT. C I" rY .I1,/Y'.
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NO BACK UP PROVIDED
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A..
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: s C.iIIett
>i/1k
Annronriation
Agenda Date Requested:
Source of Funds:
Department: Public Wgrks
Account Number:
Report: XX Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Letter from BFI
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
BFI has provided commercial solid waste services to the City of La Porte since November 1,
1990. The Contract was renewed in 1995, and rebid in 2000. The City awarded a five year
contract to BFI on October 9, 2000, expiring on October 31, 2005. The current contract provided
for the option to renew the contract for an additional three years. BFI has requested that the
Contract be renewed.
The Contract has several key provisions that should be pointed out.
· The Contractor pays the City 4% of gross revenues.
· The Contractor provides commercial solid waste service to all city facilities at no charge.
· The contract provides for an annual cost-of-living adjustment (CPI-U) not to exceed 5%
per year.
BFI has proposed to renew the contract for an additional three (3) years, under the terms ofthe
renewal clause. Although the CPI-U for the past year was 3%, BFI has proposed a rate increase
of 2.5%. All other terms and conditions remain the same. The Contract cannot be renewed
again, and will expire on October 31, 2008.
Action Required bv Council: Provide direction to staff to return to council with an ordinance
authorizing the renewal of the Contract, or begin preparation to bid the contract, with new service to
begin on November 1,2005.
Approved for City Council Aeenda
cx1l. OM ~/
Debra F~e1le, ~ Manager
4- ftJ ,-J5
Date
l.il
Bff
March 23, 2005
Mr. Steve Gillett
Director Of Public Works
City of LaPorte
Dear Mr. Gillett:
BFI has been privileged to provide waste collection services to commercial customers of La
Porte for the last 15 years. We have taken great pride in providing the quality of service you
expect and BFI demands.
Our current waste collection contract will end October 31, 2005. However, the existing
contract does allow for a three- year (3) extension upon request by BFI and approval by the
City of La Porte. At this time BFI would like to request the three (3) year extension of our
current contract for Collection and Disposal of Commercial Solid Waste.
The annual cost of living adjustment, allowed in the current contract, is at 3% for the
Consumer Price Index for all Urban Consumers (CPI-D), all items, U. S. City average for
February 2005. To show good faith in our request for the extension, BFI is only requesting
a 2.5% rate adjustment. The need to recover a portion of the fuel expenditure drives our
request for the rate adjustment. I am enclosing a copy of the CPI printout.
Should the contract extension be approved, the rate adjustment would become effective,
along with the extension, on November 1,2005. We are willing to extend the contract with
the same terms and conditions of the existing one.
BFI makes a commitment to the City of La Porte to continue to provide assistance with City
projects as well as support of La Porte organizations and community events. It is our
sincere desire to continue with our "Partnership" with the City of La Porte.
Sincerely,
BFI / ALLIED WASTE SERVICES OF TEXAS LP
l11
\/~~?C
Pa~ Welhom
Public Sector Acct. Mgr.
BFl Waste Services of Texas' 5301 Brookglen Dr. . P.O. Box 87786 . Houston, Texas 77287-7786
Phone 713-948-7600' Fax 713-910-5190
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: S r.iIIett
~
Appropriation
Source of Funds:
Department: Publk WQrk~
Account Number:
Report: XX Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Report
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Historically, the City of La Porte has distributed four rolls of plastic garbage bags to each
residential solid waste customer each year. With the rising price of oil, budgeted funds are
insufficient to continue this practice.
The attached report examines the pros and cons of four alternatives for the City Council to
consider.
Action Required bv Council: Provide direction to staff.
APprov:;?; Citv Couucil Aeeuda
Debra Feazelle,
Lf --if -- 0 5
Date
PLASIC GARBAGE BAGS
Recent price increases in petroleum-based products have created a dilemma for the Solid Waste
Division. The rise in the price of plastic garbage bags has created a budget shortfall. With the
summer bag distribution coming up, a decision must be made regarding the continued bi-annual
distribution of two (2) rolls of bags to each resident.
The current practice of distribution of plastic bags to residents began with the passage of
Ordinance 1188 on February 20, 1980. The ordinance mandates that residents must use plastic or
paper bags for disposal of garbage, with bags to be supplied by the city. Distribution offour
rolls, each with 52 bags, provided each resident with bags sufficient for 2 bags of garbage for
each pickup. Distribution was twice per year to avoid excessive inventory to be stored.
Plastic bags provide for more efficient collection that the use of cans. Picking up a can, emptying
it into the hopper of the truck and replacing the can at curbside takes three to four times as long as
picking up a bag and placing it in the hopper. Repeated an average of 2,000 times per day, the
collection of garbage is much more efficient with bags than with cans. An added benefit is the
absence of empty cans after collection is completed.
Recent prices in plastic have increased from $0.42 per pound in July 04 to $0.69 per pound in
December 04. Plastic bags purchased for the January 05 handout consumed $97,492, or 67% of
the budget set aside for the purchase of plastic garbage bags. $46,008, or 32% ofthe budget
remain. The City is scheduled to distribute an additional two rolls per resident in August. Prices
arc expected to be the same or more than they were in December. The available budget is only
sufficient to purchase one roll per resident.
A note should be given on the subject of paper bags. The option of paper bags has been explored
several times in past years. Pasadena furnishes 104 paper bags per year. La Porte currently
furnishes 208 bags (four rolls) per year. The most recent cost comparison illustrates that
Pasadena pays $23.92 for 104 bags - La Porte pays $16.80 (current cost) for 208 bags. This is
$7.12 per resident less than Pasadena for twice as many bags.
Several alternatives are available for consideration. The City could reduce the August handout to
one roll per resident, and furnish two rolls in January. Decreasing the number of rolls from four
to three per year offer several advantages. First, no additional funds will be required for the
current handout. Second, the August handout will cover the fall and winter months, when
garbage volumes are historically lower. Finally, the continued use of plastic bags will not result
in a productivity decrease.
One disadvantage is citizen reaction. Citizens have been receiving two rolls of bags every six
months for 25 years. Changing to three rolls per year may seem like a reduction in service.
Lowering the number of rolls is no guarantee that additional price increases will not occur - in
fact price increases are inevitable. Lastly, citizens who run out would not be able to buy
additional bags from the city. Replacement containers could be inferior bags or cans.
A second alternative would be to appropriate additional funds (minimum $50,000, depending on
bid results) to purchase enough bags for two per resident for the August handout. The immediate
advantage to this would be resident satisfaction. No perceived reduction in service would be
experienced. Additionally, substitutes to city-furnish bags would not be a problem.
The immediate disadvantage is the use of the General Fund contingency for a short-term fix. In
addition to the $50,000+ needed immediately, future budgets would be similarly impacted.
Future price increases will compound the situation in future budgets. Additional rate increases,
over and beyond what has been implemented, will be necessary to reduce the impact to the
General Fund.
A third alternative is to reduce the number of rolls per year to two. This could be distributed one
roll semi-annually, or two rolls annually. The immediate advantage is twofold - no additional
funds required for this budget cycle and the reduction of future budgets by 30%. Additionally, if
the bags are handed out all at once in January, disruption to the heavy trash schedule for three
weeks during the summer months will further reduce overtime costs.
Disadvantages are similar to the first alternative. Resident dissatisfaction to a perceived reduction
of service will be greater than reducing by one roll per year. Additionally, heavy users will
almost certainly run out, and with no ability to buy additional bags from the City, may turn to
inferior bags or cans.
A final alternative is to eliminate the distribution of bags altogether. This action will immediately
reduce the current overall solid waste operating budget by $150,000 for the purchase of plastic
bags. Elimination of the three week distribution twice per year will further reduce overtime costs.
Finally, the reduction ofthe budget by $150,000 could reduce the final $2.50 per resident per
month rate increase scheduled for October 2005.
Obviously, total elimination of bags could result in massive citizen dissatisfaction. If residents
switch to cans as an alternative, crew productivity could reduce to the point that an additional
three-man crew would be required. Use of cans will likely result in unsightly conditions on the
street until residents carry empty cans from the curb. Residents will be forced to purchase their
own bags or cans. Any cost savings from bag elimination could be offset by these costs.
None of the above alternatives is perfect. All offer some advantages and disadvantages.
Reducing in some fashion seems to be the lease disruptive to the residents and the city. However,
total elimination could create more problems than are solved. Conversely, subsidization to
maintain current service levels will severely impact current and future general fund balances.
Of the four alternatives, reducing to three or two rolls per year will result in the least impact to the
city and the citizens. Reduction to three rolls will be budget neutral, at least for the current fiscal
year. Future price increases will increase future budget requests. The city may have to look at
future reduction to two rolls when prices exceed benefits. Reduction to two rolls per year has an
immediate impact, both in the reduction of plastic bag purchases and the elimination of one
handout cycle. The drastic reduction may be more than citizens are willing to accept.
From a fiscal standpoint, while maintaining minimum service levels, the reduction of rolls to two
per year, distributed annually, is the recommended alternative.