HomeMy WebLinkAbout2006-03-13 Regular Meeting and Public Hearing
MINUTES OF REGULAR MEETING AND PUBLIC HEARING
OF THE LA PORTE CITY COUNCIL
March 13, 2006
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 6:31 p.m.
Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser, Mike Mosteit, Barry
Beasley, Chuck Engelken and Peter Griffiths.
Members of Council Absent: Councilmember Ebow, Councilmember Clausen and Councilmember Rigby.
Members of City Executive Staff and City Employees Present: Assistant City Manager John Joerns, Assistant
City Attorney Clark Askins, Public Works Director Steve Gillett, Fire Chief Mike Boaze, EMS Chief Ray Nolen,
City Secretary Martha Gillett, Assistant to City Manager Crystal Scott, Assistant Fire Chief John Dunham,
Assistant Police Chief Aaron, Assistant Finance Director Michael Dolby and Purchasing Manager Susan Kelley.
Others Present: Pastor Noel Perez, Sue Gale Mock Kooken, Gary Bass, Mary Proudy, Greg Collins, Russell
Schoppe, Maribel Flores, Brenda Cantu, Lonna Green, Marcus Aquino, Jack T. Carson, Mr. Shoppe, Tim Bird
and other citizens.
2. Pastor Noel Perez of Glory Ministries Church of La Porte delivered the Invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENTATIONS / PROCLAMATIONS
There were no presentations or proclamations presented at the meeting.
5. Consent Agenda
A. Consider approving Minutes of the Regular Meeting and Workshop Meeting of City Council held
on February 27,2006.
B. Council to consider approval or other action regarding awarding a bid to Southwestern Fence Company
dba Alamo Fence Company in the amount of $39,984 to replace the fence at Sylvan Beach Depot, as low
bidder meeting specifications for this project, if funding from contingency is approved.
Motion was made by Council member Griffiths to approve the consent agenda as presented. Second by
Council member Engelken.
Motion carried.
Ayes: Mosteit, Moser, Engelken, Beasley, Griffiths and Mayor Porter.
Nays: None
Abstain: None
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING
TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA.
7. Discuss recommendation for approval by Planning & Zoning to approve Special Conditional Use Permit #SCU
06-00 I for proposed development of office/medical clinic to be located in the 2900 Block of South Broadway.
City Council Regular Meeting and Public Hearing -March 13, 2006
Page 2
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:35 p.m.
Review by Staff - Director of Planning and Community Development Wayne Sabo provided an overview.
Public Input - None
Recommendation of Planning and Zoning - Unanimously, the Planning and Zoning Commission recommended
City Council consider approval of Special Conditional Use Permit #SCU 06-001 for proposed development of
office/medical clinic to be located in the 2900 Block of South Broadway
The Public Hearing was closed at 6:40 p.m.
8. Council to consider approval or other action regarding Ordinance 1501-Z4 & SCU 06-001
Assistant City Attorney Clark Askins read: ORDINANCE 1501-Z4- 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 GRANTING A SPECIAL
CONDITIONAL USE PERMIT #SCU06-001 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS
FOLLOWS, TO-WIT: 2.45 ACRES, TR 5B AND TR 5J (020*E, Pt. TR 5B), W.P. HARRIS, ABSTRACT 30,
LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING DOCTOR'S
OFFICE/MEDICAL CLINIC ALONG SOUTH BROADWAY; 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 Council member Beasley to approve Ordinance 150 l-Z4 & SCU 06-001 as presented by
Mr. Sabo. Second by Council member Griffiths. The motion carried.
Ayes: Mosteit, Engelken, Moser, Beasley, Griffiths and Mayor Porter.
Nays: None
Abstain: None
9. Council to consider approval or other action regarding a resolution authorizing the sale of$5.8 million in
Certificates of Obligation and the $6.1 General Obligation Bonds; approve and authorize the first and second
publication of Notice ofIntent to Issue.
Assistant Finance Director Michael Dolby presented summary and recommendation and answered Council's
questions.
Ryan Oheara (RBC Dain) stated that he had spoke with Andrews Kurth LP regarding the difference in the amount
posted on agenda for CO's and the amount stated on the notice of intent. Mr. Oheara also stated Andrews Kurth
LLP spoke with Attorney General's office and the Attorney General stated the amount on the POS and the
amount published in the notice of intent will supersede the amount posted as an agenda caption.
Council requested Andrews Kurth LLP to provide written confirmation of the conversation with the Attorney
General's office. Confirmation received (See attached Exhibit A).
Assistant City Attorney Clark Askins read: RESOLUTION 2006-06 - RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN A
PRINCIPAL AMOUNT NOT TO EXCEED $6,100,000 MILLION FOR THE ACQUISITION,
CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC WORKS; AUTHORIZING
DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH CERTIFICATES;
AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO.
City Council Regular Meeting and Public Hearing -March 13, 2006
Page 3
Motion was made by Council member Griffiths to approve Resolution 2006-06 as presented by Mr. Dolby.
Second by Council member Beasley. The motion carried
Ayes: Mosteit, Moser, Beasley, Engelken, Griffiths and Mayor Porter.
Nays: None
Abstain: None
10. Council to consider approval or other action regarding an ordinance amending Fiscal Year 2005-06 Budget for
$50,000 for the purchase of Laser Fiche document imaging software from City Council Reserve for Special
Projects. Increase capital projects budget by $23,460.00 for fence at Sylvan Beach and playground equipment at
Spenwick. Also increase HotellMotel budget by $133,850 for signature & tree beautification and increase the
general fund, utility, utility capital improvement Sylvan Beach, motor pool, general capital improvement,
technology fund, hotel motel, and grant funds for $1,037,063 for encumbrances (approved on October 24,2005).
Assistant City Manager Cynthia Alexander presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2762-1- AN ORDINANCE AMENDING THE
FISCAL YEAR 2005-06 ADOPTED BUDGET OF THE CITY OF LA PORTE; PROVIDING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Engelken to approve the Ordinance 2762-1 as presented by Ms. Alexander
Second by Council member Griffiths . The motion carried
Ayes: Mosteit, Moser, Beasley, Griffiths, Engelken and Mayor Porter.
Nays: None
Abstain: None
11. Council to consider approval or other action regarding an ordinance approving a sales tax election to be held May
13,2006.
City Attorney Clark Askins presented summary and recommendation and answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2875-AN ORDINANCE CALLING A SPECIAL
ELECTION IN THE CITY OF LA PORTE, TO PERMIT VOTING FOR OR AGAINST THE PROPOSITION:
"THE ADOPTION OF A LOCAL SALES USE TAX IN THE CITY OF LA PORTE AT THE RATE OF ONE-
FOURTH OF ONE PERCENT TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF
MUNICIPAL STREETS"; DESIGNATING VOTING PRECINCTS AND POLLING PLACES; PROVIDING
FOR THE USE OF VOTING MACHINES; PROVIDING FOR METHOD AND DATES OF EARLY VOTING;
PROVIDING FOR AN EARLY VOTING BALLOTT BOARD; PROVIDING FOR RETURN AND CANVASS
OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING A SAVINGS CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Council member Engelken to approve the Ordinance 2875- as presented by Mr. Askins.
Second by Council member Griffiths. The motion carried
Ayes: Mosteit, Moser, Engelken, Griffiths, Beasley and Mayor Porter.
Nays: None
Abstain: None
12. Council to consider approval or other action regarding an ordinance approving an agreement between the City and
the Bay Area Houston Convention & Visitors Bureau.
City Council Regular Meeting and Public Hearing -March 13, 2006
Page 4
Assistant to the City Manager Crystal Scott presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2876- AN ORDINANCE APPROVING AND
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND BAY AREA
CONVENTION AND VISITORS BUREAU; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Griffiths to approve the Ordinance 2876- as presented by Ms. Scott.
Second by Council member Mosteit. The motion carried
Ayes: Mosteit, Moser, Engelken, Griffiths, Beasley and Mayor Porter.
Nays: None
Abstain: None
13. Council to consider approval or other action approving and authorizing an agreement with Municipal Code
Corporation Electronic Records Scanning Services and Laserfiche Software.
City Secretary Martha Gillett presented summary and recommendation and answered Council's questions.
Motion was made by Council member Engelken to approve the agreement as presented by Ms.Gillett. Second by
Council member Griffiths. The motion carried
Ayes: Mosteit, Moser, Engelken, Griffiths, Beasley and Mayor Porter.
Nays: None
Abstain: None
14. Council to consider approval or other action regarding an ordinance authorizing the City Manager to execute a
contract in the amount of$263,020 to construct monument entrance signs for La Porte, as low bidder meeting
specifications for this project, if available funds can be found.
Parks & Recreation Director Stephen Barr presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2877-AN ORDINANCE AUTHORIZING AND
APPROVING A CONTRACTUAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND PATEK
CONSTRUCTION, INC. TO CONSTRUCT, MONUMENT SIGNS AND OTHER RELATED COMPONENTS
ACCORDING TO SPECIFICATIONS AT VARIOUS SITES IN THE CITY AS DESIGNATED BY SAID
SPECIFICATIONS; APPROPRIATING $ .00 TO FUND SAID AGREEMENT; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Griffiths to approve Ordinance 2877- as presented by Mr. Barr. Second by
Council member Engelken. The motion carried
Ayes: Mosteit, Engelken, Griffiths, Beasley and Mayor Porter.
Nays: Moser
Abstain: None
15. Council to consider approval or other action authorizing the City Manager to enter into a contract for ISO work
services with Michael Pietch, P.E. in the amount of $20,400.00.
Assistant Fire Chief John Dunham presented summary and recommendation and answered Council's questions.
City Council Regular Meeting and Public Hearing -March 13, 2006
Page 5
Motion was made by Council member Beasley to approve the contract as presented by Mr. Dunham Second by
Council member Moser. The motion carried
Ayes: Mosteit, Moser, Engelken, Griffiths, Beasley and Mayor Porter.
Nays: None
Abstain: None
16. Council to consider approval or other action awarding of Texas Buy Board bid to May Recreation Equipment
Company for play and park service equipment for PeterGilliam Park, Spenwick Park, and Park Zone 5 Park
according to the bid documents attached, and according to Council determination and funding approval.
Director of Parks & Recreation Stephen Barr presented summary and recommendation and answered Council's
questions.
Motion was made by Council member Moser to table a bid as presented by Mr.Barr. Second by Council member
Beasley. The motion carried
Ayes: Mosteit, Moser, Griffiths, Beasley and Mayor Porter.
Nays: Engelken
Abstain: None
17. Council to consider approval or other action authorizing payment in the amount of $25,029.60 as required by
agreement with TxDOT to complete the Sens Road - SH 225 beautification project.
Parks & Recreation Director Stephen Barr presented summary and recommendation and answered Council's
questions.
Motion was made by Council member Beasley to approve the payment as presented by Mr.Barr Second by
Council member Griffiths. The motion carried
Ayes: Mosteit, Moser, Engelken, Griffiths, Beasley and Mayor Porter.
Nays: None
Abstain: None
18. Administrative Reports
Assistant City Manager John Joerns reminded council oftheNational League of Cities, March 11 -15,2006 in
Washington DC, Pre-Budget Retreat at the Armand Bayou Nature Center on April 8, 2006, City Offices will be
closed for the Spring Holiday on April 14, 2006, the San Jacinto Day Re-Enactment and the Battle of San Jacinto
Triathlon on April 22, 2006, the Norman Malone Memorial Golf Tournament benefiting Education Foundation on
April 26, 2006 at Bayforest Golf Couse and Sylvan Beach Day on April 29, 2006.
19. Council Comments
Moser, Beasley, Griffiths, Engelken, Mosteit and Mayor Porter had comments.
20. 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
SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER
WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS)
City Council Regular Meeting and Public Hearing -March 13, 2006
Page 6
551-087 -(ECONOMIC DEVELOPMENT) - MEET WITH THE CITY MANAGER AND CITY ATTORNEY
TO DISCUSS ECONOMIC DEVELOPMENT ON PROJECT HOT.
Council retired to Executive Session at 7:57 p.m.
21. There was no action taken during Executive Session
Council returned to the table at 8: 11 p.m.
22. There being no further business to come before Council, the Regular Meeting was duly adjourned at 8: 12 p.m.
~.;,ctfully Su~
~~,~, TRMC, CMC
City Secretary
Passed and approved on this 27th day of March 2006
C~\t-~7~
Mayor Alton E.Porter
Message
Page 1 of 1
E~h',b',f A
Gillett, Martha
From: Fischer, Tanya [TanyaFischer@andrewskurth.com]
Sent: Wednesday, March 15,200612:59 PM
To: Dolby, Michael
Cc: Alexander, Cynthia; Gillett, Martha; Joerns, John; O'Hara, Ryan (RBC Dain); Witte, Rick
Subject: RE: City of La Porte 2006 Cas/Resolution re Notice of Intent
Mr. Dolby:
We understand City Council (the "Council") expressed concern that the agenda language for
the March 13, 2006 Council meeting reflected a Notice of Intent to issue certificates of
obligation (the "Certificates") in the amount of $5,800,000 and the resolution Council adopted
approving the Notice of Intent stated that the Certificates would be issued in an amount of
$6,100,000. This is to confirm that based on our review of the law and our discussion with the
office of the Texas Attorney General it is our view that the agenda language provided legally
sufficient notice under the Texas Open Meetings Act, Texas Government Code Chapter
511. Please contact us if you have additional questions on this matter.
Tanya Fischer
Andrews Kurth LLP
600 Travis, Suite 4200
Houston, TX 77002
713.220.3915 (phone)
Treasury Circular 230 Disclosure - To comply with requirements imposed by the Internal
Revenue Service, we inform you that any tax advice contained in this written communication
(including any attachment) is not intended or written to be used, and cannot be used, by any
person for the purpose of avoiding tax penalties that may be imposed on the person. If this written
communication contains any tax advice that is used or referred to in connection with the
promoting, marketing or recommending of any transaction( s) or matter( s), this written
communication should be construed as written to support the promoting, marketing or
recommending of the transaction(s) or matter(s) addressed by this written communication, and the
taxpayer should seek advice based on the taxpayer's particular circumstances from an independent
tax advisor. No limitation has been imposed by Andrews Kurth LLP on disclosure of the tax
treatment or tax structure of the transaction(s) or matter(s).
Treasury Circular 230 Disclosure - To comply with requirements imposed by the Internal Revenue
Service, we inform you that any tax advice contained in this written communication (including any
attachment) is not intended or written to be used, and cannot be used, by any person for the purpose of
avoiding tax penalties that may be imposed on the person. If this written communication contains any
tax advice that is used or referred to in connection with the promoting, marketing or recommending of
any transaction(s) or matter(s), this written communication should be construed as written to support the
promoting, marketing or recommending of the transaction(s) or matter(s) addressed by this written
communication, and the taxpayer should seek advice based on the taxpayer's particular circumstances
from an independent tax advisor. No limitation has been imposed by Andrews Kurth LLP on disclosure
of the tax treatment or tax structure of the transaction(s) or matter(s).
3/15/2006
Message
Pag.c I 01':2
Gillett, Martha
From: Dolby, Michael
Sent: Wednesday, March 15,20069:14 AM
To: Alexander, Cynthia; Joerns, John; Gillett, Martha
Subject: FW: La Porte 2006 COs/Resolution re Notice of Intent.DOC
fyi
-----Original Message-----
From: Fischer, Tanya [mailto:TanyaFischer@andrewskurth,com]
Sent: Tuesday, March 14, 20067: 13 PM
To: Dolby, Michael
Subject: RE: La Porte 2006 COs/Resolution re Notice of Intent.DOC
Michael: Ryan gave us the update from the meeting. We will draft a response to you in the next couple of
Let me know if you have any questions. Tanya
From: Dolby, Michael [mailto:DolbyM@cLla-porte.tx.us]
Sent: Tuesday, March 14, 2006 11:55 AM
To: Fischer, Tanya
Cc: Alexander, Cynthia; Gillett, Martha; Joerns, John
Subject: RE: La Porte 2006 COs/Resolution re Notice of Intent. DOC
Ms Fischer,
Last night during our council meeting, Ryan Oheara (RBC Dain) stated that he had spoke with your firm
regarding the difference in the amount posted on our agenda for CO's and the amount stated on the notice of
intent. He told our council that your firm had spoke with the AG's Office and the AG told your firm Hlat the arnount
stated on the POS and the amount published in the notice of intent will supersede the amOllllt we posted as ,-HI
agenda caption. Our council wanted your firm to provide us (City of La Porte) With a written cOllflrrnalicwI U] :luur
conversation with the AG's office.
Thank you
Michael G. Dolby, CPA
Assistant Director of Finance
City of La Porte
(281) 470-5036
-----Original Message-----
From: Fischer, Tanya [mailto:TanyaFischer@andrewskurth.com]
Sent: Thursday, March 09, 2006 7:05 PM
To: Chris.Orms@Rbcdain.com; Dolby, Michael
Cc: Witte, Rick; Hernandez, James; Collie, Robert; O'Hara, Ryan (RBC Dain); Miller, Shannon M,
Subject: La Porte 2006 COs/Resolution re Notice of Intent.DOC
<<La Porte 20056 COs/Resolution re Notice of Intent.DOC>> Michael and Chris: Attached is the draft
Resolution for the Notice of Intent to Issue CO's for Monday's meeting, Please review and let us know if
this accurately reflects the transaction. We have drafted the Notice for a maximum amount of issuance of
3/15/2006
Message
Page 2 0 r :2
$6.1 million. The projects you listed for the COs came to $5.8 million but we wanted to give you some
room just in case the project amounts increase or there were addrtlcd'di :SSW1 n k I
would like this amount revised. Also, please eOllfirm that the prower clesc:riptlonS 11'1 tile IJullet: arc, UJr:"c:
Let us know of any changes you need. We look forward to worklrlg with you all 011 trllS lranS;ll:11
Tanya Fischer
Andrews Kurth LLP
600 Travis, Suite 4200
Houston, TX 77002
713.220.3915 (phone)
Treasury Circular 230 Disclosure - To comply with requirements imposcd hy the IlltCltldl
Revenue Service, we inform you that any tax advice contained in this writtcll comlllllll1cltlC1Il
(including any attachment) is not intended or written to be used, and cannot be uscd. by dllY
person for the purpose of avoiding tax penalties that may be imposed on the person. If th i s Wli t tcn
communication contains any tax advice that is used or referred to in connection with thc
promoting, marketing or recommending of any transaction(s) or matter(s). this \\Tittl'll
communication should be construed as written to support thc pruIllOtllll!. 111dikl'IIII.~":
recommending of the transaction(s) or mallel(s) addlessl'd b) tht~ \\ l'llll'll ((II1llllllllil ,llk,I,..I: '.1 ii',
taxpayer should seek advice based on the taxpayer's particuLlr l.iIClIlllSl:11ll'l'S fr()l1l :111 Illlkl)l'llCklll
tax advisor. No limitation has been imposcd bv .\mllc\\ s K:II'll, I I 1'1111 dISliu"lill' (11;1 ( :,!\
treatment or tax structure of thc trdllsdct lUll!,,) ()j 11LI!I:I! .!
Treasury Circular 230 Disclosure - To comply with requirements imposed by the Jntcrnal Re\ellUl'
Service, we inform you that any tax advice contained in this written communication (including IlIl\
attachment) is not intended or written to be used, and cannot be used, by any person for the purpose ()I
avoiding tax penalties that may be imposed on the person. If this written cOlllmUlli(:ltIUIl \,',111!.111:1:::
tax advice that is used or refened to in connection with the promoting. marketing or n.TolllI11l'lldlllg ,>I
any transaction(s) or matter(s), this written communication should he cOllstrul'd as \\Tlttell to SUpP()rt till'
promoting, marketing or recommending of the transaction(s) or Illdtter(sl addressed hv thiS W1'1tll'Il
communication, and the taxpayer should seek advice based 011 the ldxpdycr\ partllLll:lIl!tdlllhl:tllll'~
from an independent tax advisor. No limitation has been imposed by Andrews Kurth LLP Oil disclosure
of the tax treatment or tax structure of the transaction(s) or matter(s).
3/15/2006
B
f1h; bci A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Source of Funds:
N/A
Agenda Date Requested: March 27 2
Requested By: C nthia B. Alexander
Department: Finance
Account Number:
N/A
Report:
Resolution:
Ordinance: X
Amount Budgeted:
N/A
Exhibits:
Amount Requested:
N/A
Exhibits:
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2005-06 Budget on August 22,2005.
The Summary of funds, which is shown below, represents the amendments which council previously approved to
the FY-2005-06 Budget. (*denotes funds with current changes)
Original Budget Previously Proposed
Amended Budget Amended Budget
General Fund $25,987,077 $26,256,553 $26,756,553*
Grant Fund 2,793,931 2,846,382* 2,886,382*
Hotel/Motel Occupancy Tax 334,280 472,143 472,143
Community Investment 190,000 190,000 190,000
La Porte Development Corporation 740,060 740,060 740,060
Tax Increment Reinvestment zone 36,000 36,000 36,000
Utility \ 6,774,071 6,811,224 6,811,224
Sylvan Beach 208,683 216,881 216,881
Airport 241,443 241,443 241,443
La Porte Area Water Authority 1,693,956 1,693,956 1,693,956
Golf Course 1,240,740 1,241,835 1,241,835
Motor Pool 1,661,304 2,455,900 2,455,900
Insurance Fund 4,017,103 4,017,103 4,017,103
Technology fund 956,611 958,068 958,068
General Capital Improvement 433,500 459,485 459,485
Utility Capital Improvement 715,000 732,950 732,950
Sewer Rehabilitation Capital Improvement 330,000 330,000 330,000
Infrastructure Fund 705,000 705,000 705,000
1998 General Obligation Bond Fund 1,207,639 1,207,639 1,207,639
2000 General Obligation Bond Fund 1,160,000 1,160,000 1,660,000*
2002 General Obligation Bond Fund 732,789 732,789 732,789
2004 Certificate of Obligation Bond Fund 10,000 10,000 10,000
2005 General Obligation Bond Fund 7,700,000 7,700,000 7,700,000
2005 Certificate of Obligation Bond Fund 1,800,000 1,800,000 1,800,000
General Debt Service 2,190,671 2,190,671 2,190,671
Utility Debt Service 381,712 381,712 381,712
La Porte Area Water Authority Debt Service 771,719 771,719 771,719
Total of All Funds $ 65,013,289 $ 66,359,513 $ 67,399,513
lof2
Action Required bv Council:
Adopt Ordinance Amending Fiscal Year 2005-06 Budget for $500,000 for construction of Fire Station 3. Additional
funding is to be taken from fund balance. Also amend grant fund by $ 40,000 for community development block
grant.
Approved for City Council A!!enda
~.
3.- ,;)J --u&
Date
20f2
ORDINANCE NO. 2762-J
AN ORDINANCE AMENDING THE FISCAL YEAR 2005-06 ADOPTED BUDGET OF
THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; 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. Consistent with Chapter 102, Section 102.010 of the Local
Government Code, the Budget adopted by the City Council of the City of La Porte on
the 22nd day of August, 2005, in Ordinance No. 2005-2836, is hereby amended. The
Budget as amended is attached to this Ordinance as Exhibit "A", and is incorporated by
reference herein as if set forth herein verbatim.
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 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 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. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid,
such invalidity shall not affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed each section, sentence,
Ordinance No. 2762-J
Page 2
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 9. This Ordinance shall be effective upon its passage and approval.
The City Secretary shall cause the budget as amended to be filed with the County
Clerk of Harris County, Texas, and copies of the amended budget to be readily
available to City Departments, as well as the general public.
PASSED AND APPROVED this th~~day of '1YlaL~ ,2006.
CITY OF LA PORTE
'"'" ~._..
(~, (l . \~-t-
By: ~ 'L-/ \~~-------
ALTON E. PORTER, MAYOR
ATTEST:
Lf!d()~~ .
Ma ha Gillett ,City Secretary
APPROVED:
~fY
City Attorney
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Ag.nda Date Request.... Ma"'~27. ~
Requested By: Way~
Department: Plannine I
Budeet
Source of Funds:
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Letter from Harris County Dated 10-26-05
with Agreement Amendment and Purchase Order attached
Exhibits:
Amount Requested:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Harris County Community and Economic Development Department originally allocated $56,475.00 in Community
Development Block Grant Funds for the City of La Porte in connection with the Northside Neighborhood North
Second Street Project. Subsequently, our Agreement with Harris County has been amended to include an additional
$40,000.00 to adequately cover construction related costs (see letter from Harris County dated 10-26-05). The total
amount allocated for this project is now $96,475.00
The Fiscal Year 2005-2006 Budget includes $56,475.00 in Grant Fund 032 for this Community Development Block
Grant Project and should be increased by $40,000.00 to account for the additional funding received.
i-uJ
13.~
Approved for Citv Council Ae:enda
~J- d~-{Jb
Date
HARiUSCQUNTY,TEXAS
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT
October 26, 2005
8410 Lantern Point Drive
Houston, Texas 77054
Tel (713) 578-2000
RE eEl VE q" --.5 '5 Fax (713) 578-2190
OCT 31 2005 \~
CtTY SECRETARY'S
OFFICE
David B. Turkel
Director
Alton E. Porter, Mayor
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
Dear Mr. Porter:
Re: Project Name:, City of La Porte - Northside Neighborhood North Second Street Project ...-..
Project No.: CD2004-019
Enclosed please fInd the Amendment to Agreement between Harris County and the City of La
Porte adding $40,000.00 of Program Year (PY) 2004 Community Development Block Grant
funds to the project referenced-above. The Amendment increases the construction line item to
adequately cover costs for items described in the scope of services. The total allocated funds for
this project is $96,475.00. Please have City Council review, sign, and return the above-
mentioned agreement to our office by November 1,'2005 for placement on the Commissioners
Court Agenda.
If you have any questions or comments, you may contact Mr. Joseph L. Thompson, Project
Monitor, at (713) 578-2000.
David B. Turkel
Director
DBT/daI/erw/jhJjlt
Enclosures .
J:\gmshare\QA\jt\cdbg04\City of Laporte 04 o 19\transamagr.l 0.25.05.doc
mRSTAMENDMENT TO AGREEMENT
BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE
NORTHSIDE NEIGHBORHOOD SECOND STREET PROJECT
WHEREAS, HARRIS COUNTY, a body corporate and politic under the laws of the State of
Texas, hereinafter referred to as "County," and the City of La Porte, a body corporate and politic
under the laws of the State of Texas, hereinafter referred to as "Subrecipient," entered into an
Agreement on May 8, 2005 to administer a Community Development Block Grant (CDBG)
Program Year (PY) 2004, B-2004-UC-48-0002; CD 2004-019 for a project known as the
Northside Neighborhood North Second Street Project, in the amount of $56,475.00 (the
"Agreement"); and
WHEREAS, County and Subrecipient now desire to amend said Agreement to add $40,000.00 in
PY 2004 CDBG funds to the Budget. The total amount of CDBG funds allocated to this Project
is $96,475.00, for construction and related activities.
NOW, THEREFORE, County and Subrecipient mutually agree as follows:
1.
Exhibit B, "Budget," which currently reads as follows:
Exhibit B
BUDGET
CITY OF LAPORTE
NORTHSIDE NEIGHBORHOOD NORTH SECOND STREET PROJECT
Maximum Amount to be Paid Under this Agreement
It is expressly agreed and understood that the total amount to be paid by Grantee under this
Agreement shall not exceed Fifty Six Thousand Four Hundred Seventy Five and 00/1 00 Dollars
($56,475.00).
PROJECT SUMMARY
I>:ESCIUllTION
Project Costs
I. City of La Porte - Northside $55,910.25
Neighborhood North Second
Street
II. RCPill Allocation (Inspection $564,75
& Engineering Administration)
0.00 $55,910.25
0.00 $564.75
Z:\Community & Economic Development Department\Public Improvements\Northside Neighborhood N. 2nd St AMD - 05 GEN 1932\05 GEN 19327 1st AMD La
Porte for Northside Neighborhood Second Street Proj.rtf Page 1 of 6
j
I. City of La Porte - Northside
Neighborhood North Second
Street
Construction
Contingency
PROJECT DETAIL
CEDD LEVERAGE TOTAL
(CDBG)
'\
$50,262.75
$5,647.50
0.00 $50,262.75
0.00 $5,647.50
0.00 $0.00
$ 0.00 $55,910.25
Inspection & Testing 0.00
Subtotal $55,910.25
ll. HCPID Allocation
Inspection & Engineering
Administration
PY CDBG 2004: $56,475.00
is hereby amended to read as follows:
CITY OF LAPORTE
NORTHSIDE NEIGHBORHOOD NORTH SECOND STREET PROJECT
Maximum Amount to be Paid Under this Agreement
It is expressly agreed and understood that the total amount to be paid by Grantee under this
Agreement shall not exceed Ninety Six Thousand Four Hundred Seventy Five and 00/1 00
Dollars ($96,475.00).
PROJECT SUMMARY
Project Costs
I. City of La Porte - Northside
Neighborhood North Second Street
Pro' ect
II. RCPill Allocation (Inspection &
Engineering Administration)
$95,910.00
$0.00
$95,910.00
$565.00
$0.00
$565.00
PY CDBG 2004: 596,475.00
Z:\Community & Economic Development Department\Public Improvements\Northside Neighborhood N. 2nd St AMD - 05 GEN 1932\05 GEN 1932 _ 1st AMD La
Porte for Northside Neighborhood Second Street Proj.rtf Page 2 of 6
iProJedCosts
PROJECT DETAIL
tEDD (CDnG)L$VERAGE
TOTAL
I. City of La Porte - Northside
Neighborhood North Second Street
Pro. ect
Construction
Contingency (@ 5% of construction)
Inspection & Testing
Subtotal
$0.00
$95,910.00
$0.00
$0.00
$0.00
$95,910.00
ll. HCPID Allocation
Inspection & Engineering
Adrrrinistration
Subtotal
Z:\Community & Economic Development Department\Public Improvements\Northside Neighborhood N. 2nd St AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La
Porte for Northside Neighborhood Second Street Proj.rtf Page 3 of 6
ORDER
THE STATE OF TEXAS S
S
COUNTY OF HARRlS S
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the
Harris County Administration Building in the City of Houston, Texas, on the day of
,2005, with the following members present, to wit:
Robert Eckels
EI Franco Lee
Sylvia R. Garcia
Steve Radack
Jerry Eversole
County Judge
Commissioner, Precinct No. 1
Commissioner, Precinct No.2
Commissioner, Precinct No.3
Commissioner, Precinct No.4
and the following members absent, to-wit:
a quorum, when among other business, the following was transacted:
, constituting
ORDER AUTHORIZING EXECUTION OF FIRST AMENDMENT TO AGREEMENT
. BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE
NORTHSIDE NEIGHBORHOOD SECOND STREET PROJECT
Commissioner introduced an order and made a
motion that the same be adopted. Commissioner seconded the
motion for adoption of the order. The motion, carrying with it the adoption of the order,
prevailed by the following vote:
Yes No Abstain
Judge Eckels 0 0 0
Comm. Lee 0 0 0
Comm. Garcia 0 0 0
Comm. Rada6k 0 0 0
Comm. Eversole 0 0 0
RECITALS:
WHEREAS, HARRIS COUNTY, a body corporate and politic under the laws of the State of
Texas, hereinafter referred to as "CoUnty," and the City of La Porte, a body corporate and politic
under the laws of the State of Texas, hereinafter referred to as "Subrecipient," entered into an
Agreement on May 8, 2005 to administer a Community Development Block Grant (CDBG)
Program Year (PY) 2004, B-2004-UC-48-0002; CD 2004-019 for a project known as the
Northside Neighborhood North Second Street Project in the amount of $56,475.00 (the
"Agreement"); and
Z:\Community & Economic Development Depar1ment\Public Improvernents\Northside Neighborhood N. 2nd St. AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La
Porte for Northside Neighborhood Second Street Proj.rtf Page 5 of 6
WHEREAS, County and Subrecipient now desire to amend this Agreement to add $40,000.00 in
PY 2004 CDBG funds to the Budget. The total amount of CDBG funds allocated to this Project
is $96,475.00 for construction and related activities.
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS
COUNTY, TEXAS THAT:
Section 1:
The recitals set forth in this order are true and correct.
Section -2:
The First Amendment to the Agreement is approved and the County Judge of
Harris County or his designee is authorized to execute a First Amendment to the
Agreement between Harris County and the City of La Porte for the Northside
Neighborhood North Second Street Project. The First Amendment to the
Agreement is attached hereto and made a part hereof for all purposes.
Z:\Community & Economic Development Department\Public Improvements\Northside Neighborhood N. 2nd St. AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La
Porte for Northside Neighborhood Second StreetProj.rtf Page 60f6
II.
All other conditions of said Agreement shall remain in full force and effect as originally written.
IN WITNESS WHEREOF, the Parties have executed this Amended Agreement as of the
day of ,2005.
Approved:
CITY OF LA PORTE
BY.~~Y~
ALTON E. PORTER
Mayor
Attest:~~aoiL
DEBRA FEAZELLE
City Manager
HARRIS COUNTY
By:
ROBERT ECKELS
coun~2ge
Atteil ~ l~
DAVID TURKEL, Director
Harris County Community and
Economic Development Department
Approved as to Form:
MIKE STAFFORD .
County .Attorney .. fl n-
~U~
By:. CHELBOATES
Assistant County Attorney
AUDITOR'S CERTIFICATION
I hereby certify that funds are available in the amount of $95,910.00 for construction related
activities and $565.00 for PID inspection and engineering administration to pay the obligation of
Harris County under this Agreement.
Barbara J. Schott
County Auditor
Z:\Community & Economic Development Department\Public Improvements\Northside Neighborhood N. 2nd St AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La
Porte for Northside Neighborhood Second Street Proj.rtf Page 4 of 6
V
E
N
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o
R'
PURCHASE ORDER NO.
P093008
REQUEST NO.
PURCHASE
OR~{!'VED
ORGANIZATION NAME
& ECONOMIC-DEVELOPMENT - 289
'DATE CONTRACT PWD, DATE CONTRACT & BOND APPR,
, '
TERMS OF PAYMENT
FEB 2 7 2006
PLANNING DEPT. S
H
I
P
COMMUNITY & ECONOMIC DEVELOPMEN~
8410 LANTERN POINT DR I
HOUSTON, TX 77054 L
L
HARRIS COUNTY AUDITOR
c/o ACCOUNTS PAYABLE
1001 PRESTON, SUITE 800
HOUSTON, TEXAS 77002
(713) 755-6573
All vendors doing business with Harris County should
provide the Taxpayer IdentifICation Number or Social
Security Number as applicable. Failure to provide this
information may result in a delay in payment and/or
back-up withholding as required by the Internal Revenue
Service .
CITY OF LAPORTE
}\TTN WAYNE SABO
604 W FAIRMONT PKWY
LA PORTE, TX 77571
0001
1. 00 EA
0002
1. 00 EA
T
o
TRAN, CHRISTINE
T
(713) 578-20730
******************************
********* ADDENDUM ***********
******************************
AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF
LA PORTE FOR THE EXTENSION AND PAVING OF THE
NORTHSIDE NEIGHBORHOOD SECOND STREET LOCATED IN
PRECINCT TWO ALL IN ACCORDANCE WITH AGREEMENT
WHICH IS HERE REFERRED TO AND MADE A PART HEREOF
AS IF ATTACHED.
APPROVED ON COMMISSIONERS COURT 3/8/05.
ADDENDUM R202911 DATED 2/20/06 TO INCREASE PO TO
ADEQUATELY COVER CONSTRUCTION COSTS FOR THE
PAVEMENT AND EXTENSION OF NORTH SECOND STREET TO
THE NORTH "E" STREET RIGHT OF WAY IN THE CITY.
PO DOES NOT INCLUDES $565 TO BE PAYABLE TO HCPID
FOR THE ADMINISTRATION AND INSPECTION OF THE
PROJECT ALL IN ACCORDANCE WITH AGREEMENT WHICH IS
HERE REFERRED TO AND MADE A PART HEREOF AS IF
***CONTINUED**
NOT VALID, UNLESS APPROVED BY THE HARRIS COUNTY PURCHASING AGENT. OFFEROR MAY BE REQUIRED TO ENTER
A BUSINESS ASSOCIATE AGREEMENT PURSUANT TO HIPAA.
FOR QUESTIONS CONCERNING THIS
PURCHASE ORDER CONTACT:
ISSUANCE OF THIS PURCHASE ORDER IS CERTIFICATION BY THE HARRIS COUNTY
AUDITOR THAT FUNDS, IN THE AMOUNT OF THE PURCHASE ORDER TOTAL, ARE
AVAILABLE.
ADDITIONAL TERMS AND CONDITIONS ON REVERSE
COUN1Y AUDITOR'S FORM 3501 (REV. 03/99)
ORIGINAL
55,910.25
55,910.25
39,999.75
39,999.75
PURCHASE ORDER
TOTAL ~
Q/2tMJ~
JACK McCOWN. HARRIS COUNTY PURCHASING AGENT
ORGANIZATION NAME
HOUSING & ECONOMIC DEVELOPMENT - 289
VENDOR NO. DATE CONTRACT AWO. DATE CONTRACT & BOND APPR.
PURCHASE
ORDER
V
E
N
o
o
R
CITY OF LAPORTE
hTTN WAYNE SABO
604 W FAIRMONT PKWY
LA PORTE, TX 77571
S COMMUNITY & ECONOMIC DEVELOPMEN~
H 8410 LANTERN POINT DR I
I HOUSTON, TX 77054 L
P L
T
o
TRAN, CHRISTINE
T
(713) 578-2073 0
PURCHASE ORDER NO.
HARRIS COUNTY AUDITOR
c/o ACCOUNTS PAYABLE
1001 PRESTON, SUITE 800
HOUSTON, TEXAS 77002
(713) 755-6573
All vendors doing business wHh Harris County should
provide the Taxpayer Identification Number or Social
Security Number as applicable. Failure to provide this
information may resull in a delay in payment and/or
back-up wHhholding as required by the Internal Revenue
Service.
ATTACHED.
APPROVED ON COMMISSIONERS COURT 12/6/05.
NOT VALID, UNLESS APPROVED BY THE HARRIS COUNTY PURCHASING AGENT. OFFEROR MAY BE REQUIRED TO ENTER
A BUSINESS ASSOCIATE AGREEMENT PURSUANT TO HIPM
FOR QUESTIONS CONCERNING THIS
PURCHASE ORDER CONTACT:
I fl SUSAN HUTCHINS
~J (713) 755-4663
ORIGINAL
ISSUANCE OF THIS PURCHASE ORDER IS CERTIFICATION BY THE HARRIS COUNTY
AUDITOR THAT FUNDS, IN THE AMOUNT OF THE PURCHASE ORDER TOTAL, ARE
AVAILABLE.
ADDITIONAL TERMS AND CONDITIONS ON REVERSE
COUNTY AUDITOR'S FORM 3501 (REV. 03/99)
PURCHASE ORDER
TOTAL ~
95,910.00
~~
JACK McCOVVN, HARRIS COUNTY PURCHASING AGENT
o
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
March 27 .2006
Appropriation
Requested By: Michael Dolby. Asst Director of Finance
ource of Funds: N/A
Department: FINANCE
Account Number: N/A
Report:
Resolution: XX Ordinance:
Amount Budgeted:
Exhibits:
Resolution 2006-
Amount Requested:
N/A
Exhibits:
Budgeted Item:
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte intends to issue Certificates of Obligation Bonds for the following projects:
TIRZ Infrastructure
Various Water Sewer Projects
$650,000
$350,000
While preliminary work has not begun on this project, it is not desirable for us to issue debt at
this time. However, because we are moving forward with an agreement from the TIRZ; we
would like to begin the design phase of this project. Therefore, we recommend the City Council
approve a resolution that allows the City to reimburse itself from future bond proceeds for
expenditures that are made prior to the issuance of the debt. This is a position that we have taken
on several other projects in the past as recommended by bond counsel and required by federal
law.
The attached resolutions give us the option to reimburse ourselves from future bond proceeds for
certain costs associated with the above-mentioned project.
Action Required by Council: Approve resolutions declaring intention to reimburse certain
expenditures with borrowing proceeds.
Approved for City Council A2enda
, 1-~~-D~
Da1e
RESOLUTION NO. 2006- b 7
RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING
PROCEEDS
WHEREAS, the City of La Porte, Texas (the "Issuer") desires to pay expenditures in connection with the design, planning,
acquisition, construction, equipping, and/or renovating the project or facilities described as TIRZ infrastructure trunk
sewer main, lift station, and related facilities between Highway 146 and Broadway, and various additional water and sewer
improvements within the City.
WHEREAS, Article 717k-6, Vernon's Texas Civil Statutes, as amended ("Article 717k-6"), permits the Issuer to use the
proceeds of obligations to reimburse the Issuer for costs attributable to the Project paid or incurred before the date of
issuance of such obligations; and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such
expenditures will be appropriate and consistent with the objectives of the Issuer's programs and, as such, chooses to
declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself
for such payments at such time as it issues obligations to finance the Project.
NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS THAT:
Section 1. This Resolution declares the intent of the Issuer to reimburse the expenditures for the Project with the
proceed of obligations. The Issuer presently intends to reimburse the expenditure by incurring obligations issued under
Texas law, the interest on which is excludable from gross income under Section 103 of the Internal Revenue Code of
1986, as amended.
Section 2. The Issuer reasonably expects to incur debt, in one or more series of obligations, in an aggregate
maximum principal amount now expected to be equal to $1,000,000 for the purpose of paying the costs of the Project.
Section 3. The Issuer intends to reimburse the expenditures hereunder not later than 18 months after the date of the
original expenditure is paid or the date the Project is placed in service or abandoned, but in no event more than three years
after the original expenditure is paid unless the Project is a construction project for which the Issuer and a licensed
architect or engineer have certified that at least five years are necessary to complete the Project in which event the
maximum reimbursement period is five years after the date of the original expenditure.
Section 4. The Issuer intends that this Resolution satisfy the official intent requirement set forth in Section 1.150-2
of the Treasury Regulations and evidences its intentions under Article 717k-6.
Section 5. This resolution shall be liberally construed to evidence the intent of the Issuer to comply with state law
and federal income tax law in the issuance of tax-exempt obligations for the Project.
PASSED AND APPROVED this the 27th day of March 2006..
CITY OF LA POR~S
~L.\.~
Alton Porter, Mayor
ATTEST
APPROVED:
vU~~
~~4
City Secretary
City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
3-2~.
Reff .
Bude:et
Requested By: Richard F:
Source of Funds:
Department:
City Coundl
Account Number:
Report:
Resolution: XX Ordinance:
Amount Budgeted:
Exhibits:
Resolution for Triathlon 4-22-06
C<lf~-;t
~/u'~'~
Amount Requested:
Exhibits:
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
A Resolution recognizing the First Battle of San Jacinto Triathlon to be held the morning of April 22, 2006 in
conjunction with the ceremonies at the San Jacinto Monument. The triathlon will be held within the City limits, also
encompassing parts of Baytown and Deer Park and will require street closure requests that must be submitted and
approved by TX Dot.
Action Required by Council:
Approve resolution to participate in triathlon and seek necessary street closures.
Approved for City Council A2enda
~
3--;J<':2-0b
Date
RESOLUTION NO. 2006- 0 i
A RESOLUTION AUTHORIZING THE BATTLE OF SAN JACINTO
TRIATHLON AND AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORT A TION FOR
THE TEMPORARY CLOSURE OF STATE RIGHTS-OF-WAY; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the Texas Department of Transportation requires the City of La Porte to
enter into an agreement for the temporary closure of State rights-of-way for closure of
various streets for the purpose of the Battle of San Jacinto Triathlon.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. That the Battle of San Jacinto Triathlon is an event that serves a public
purpose. This event is open to the public and will also attract visitors from outside the
city limits of La Porte.
Section 2. That the City of La Porte will fulfill all necessary requirements established
by 43 TAC, Section 22.12 which establishes the rules and procedures for the temporary
closure of a segment of the State highway system.
Section 3.
That the City Manager be designated to coordinate the event activities.
Passed by the City Council this 27th day of March, 2006.
CITY?f LA PORTE\0
~,~~~ \~
Alton E. Porter
Mayor
ATTEST: ~
0YltltfJL ~
Martha A. Gillett
City Secretary
.
APPROVED:. J 0
O~2,~
Cr ya4/ --roD{( CoPy
O~ ~~. +0 ~ Oot
~ or\01tJA I (orJracf
fa M '0\.1~-tJd. /Jl'G>Y
U) II ('liLt (f\) Of ~8)Ajll
CorrHad ~ OU (
o?P(LE . f1(
Knox W. Askins
City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
March 27. 2006
Requested By: W9yne.J S9ho
Department: PI~llllillg
Appropriation
Source of Funds:
Fund 41
Account Number: 041-9892-831-1100
Report:
Resolution:
Ordinance:
x
Amount Budgeted: $1 t 110,000
Amount Requested: $1,609,758
Exhibits: Ordinance
Budgeted Item: YES
Exhibits: Bid Tabulation
Exhibits PrQject Budget / (jnlJJ,-+tJ~'OyJ rYl (? /Iv 1{)
/
f
SUMMARY & RECOMMENDATION
Sealed bids were received from pre-qualified contractors on January 10, 2006, for the construction of Fire
Station No.3. Twenty contractors pre-qualified under the terms of Section 2-106 of the City's Code of
Ordinances. Six bidders attended the mandatory Pre-bid Conference, and five turned in bids. A bid tabulation
is attached. The base bid and Alternate No. 2(add) and Alternate No. 3(add) were selected. Low base bid was
submitted by Hull & Hull, Inc. for $1,462,402. Hull & Hull is the contractor who just completed the
construction for Fire Station #2. A five percent (5%) contingency of $68,475 is also recommended along with
the acceptance of Change Order #1 reducing the amount of the base bid by $112,894. Change Order #1 is a
direct result of the value engineering as proposed by Hull & Hull, Inc and their sub-contractors. Change Order
# 1 has been coordinated with the Fire Department and the Planning Department and will not degrade the
quality of the final product. Recap:
Amount Budgeted:
Bid Amount:
Contingency
Project Shortfall Subtotal:
Ancillary Project Costs:
Project Shortfall Subtotal:
Value Engineering Reduction:
Total Project Shortfall:
$1,110,000
$1,462,402
$ 68,475
- $ 420,877
$ 191,775
- $ 612,652
$ 112,894
-$ 499,758
The project has come in over budget (see breakdown attached as exhibit 3). The construction cost of
$1,417,983 plus the ancillary project costs of $191,775 equals a total project cost of $1,609,758 which is
$499,758 over the budgeted amount. (t,tv ~ D'r :tvV (.... ( l~ 0
Action Required by Council: Approve Ordinance authorizing the City Manager to execute a contract with
Hull & Hull, Inc. for the construction of Fire Station No.3 for a net cost of $1 ,462,402 with a five percent
(5%) contingency of $68,475 and to initiate a deduct Change Order #1($112,894) for a total construction cost
of$I,417,983 and to authorize the City Manager to increase the budgeted amount to $1,609,758.
Approved for City Council Ae:enda
3-;)2-0(0
Date
FIRE STATION # 3
PROJECT BUDGET
3/17/2006
2000 GO BOND $ 1,110,000.00
DESIGN/REIMBURSABLES $ 88,000.00
LEGAL $ 2,000.00
GEOTECHNICAL $ 2,475.00
MATERIAL TESTING $ 15,000.00
PRE-QUALIFICATION AD $ 500.00
LEGAL AD $ 800.00
PERMIT FEES $ 20,000.00
SPECIAL INSPECTIONS $ 5,000.00
GENERATOR with TRANSFER SWITCH $ 20,000.00
CONSTRUCTION $ 1,462,402.00
CHANGE ORDER # 1 $ (112,894.50)
CONSTRUCTION 5% CONTINGENCY $ 68,475.00
ANTENNA $ 6,000.00
COMMUNICATIONS $ 12,000.00
FURNITURE $ 10,000.00
APPLIANCES $ 10,000.00
PROJECT COST (includes ancillary costs) $ 1,609,757.50
ADDITIONAL FUNDS NEEDED $ 499,757.50
FIRE STATION # 3 ANCILLARY COSTS
3/9/2006
2000 GO BOND $1,110,000
DESIGN/REIMBURSABLES $ 88,000.00
LEGAL $ 2,000.00
GEOTECHNICAL $ 2,475.00
MATERIAL TESTING $ 15,000.00
PRE-QUALIFICATION AD $ 500.00
LEGAL AD $ 800.00
PERMIT FEES $ 20,000.00
SPECIAL INSPECTIONS $ 5,000.00
GENERATOR with TRANSFER SWITCH $ 20,000.00
ANTENNA $ 6,000.00
COMMUNICATIONS $ 12,000.00
FURNITURE $ 10,000.00
APPLIANCES $ 10,000.00
ANCILLARY PROJECT COST $ 191,775.00
Sabo, Wayne
From: McPhail, Reagan
Sent: Monday, February 06, 2006 11: 16 AM
To: Sabo, Wayne
Cc: Dunham, Champ
Subject: Fire Station 3 - Cost of construction
W.,FYI
Fire Station # 3 - 2002 Bonds
2001 Construction Estimate - $ 800,000
2002 - 10.1 % increase in labor/materials $ 880,800
2003 -15.2% increase in labor/materials $ 1,014,681
2004 - 20% increase in labor/materials $ 1,217,617
2005 - 23.24% increase in labor/materials $ 1,500,592
Jan 2006 - base bid was $1,363,000
Pag~ 1 of 1
c;vv}. t0
IV 8 \\. J-.- ~S
~ c.JT ys "
.~ (>fY
~
~
Construction increase percentages are as publicized by AGC Houston
A copy of the AGC report shall be forwarded onto you for review.
Reagan
2/8/2006
FEe 0 8 20n5
2006 labor & Materials - Cost Survey Results
The following are results to the annual survey regarding labor and materials cost increases in
commercial construction. AGC makes no representations that this is a "scientific" study. The
results are based on a survey of a representative sample of member companies for each CSI
division. If you have any questions, please contact Tamara Hancock at 713-843-3700.
2005 RESULTS
2005 LABOR COSTS:
PTQjected cost inaease
6.9%
2005 MATERIAL COSTS:
Proiected cost increase
11.9%
Actual Increase
7.04%
Variance
0.14% MORE than projected*
Actual Increase
16.2%++
Variance
4.3% MORE than projected**
2006 PROJECTIONS
2006 LABOR COSTS:
2006 MATERIAL COSTS:
Projected Average increase:
Projected Average increase:
5.8%"
9.55% **
++According to the Bureau of Labor Statistics (BLS), the A verage Producer Price Index for Construction Materials
& Components for 2005 renects an increase of 10.2% over the 2004 average.
.. Seasonally adjusted construction employment in the U.S. slipped by 9, 000 in December, according to the
Bureau of Labor Statistics (BLS). It was the first monthly drop in nearly two years. Over the past 12 months,
industry employment swelled by 246, 000 or 3.5%, more than double the 1.5% growth rate for total nonfarm payroll
employment. Employment in all five BLS construction categories grew: residential specialty trade contractors,
5.4%, residential building, 4.5%; heavy and civil engineering, 4.2%; nonresidential building, 2.4%; and
nonresidential specialty trade contractors, 1.5%. Seasonally adjusted BV8fll{/11 hourly BBmings in construction
rose to $19.69 in December, a gain of 2. 1 % over the course of the year and 18% more than the average for all
private-sector production or nonsupervisory employees.
.... According to Ken Simonson, AGCA Chief Economist, the price increases and shortages for resins, particularly
those for construction plastics such as polyvinyl chloride (PVC) pipe are attributable in part to shortfalls in natuml
gas output from producing platforms in the Gulf of Mexico destroyed by Hurricanes Rita and Katrina. According to
the Minerals Management Service of the Interior Department, 18% of the natural gas production and 26% of the
oil production from the Gulf were still shut in as of January ". While the U.S. can buy oil and petroleum products
elsewhere, there is almost no way to make up the loss of natural gas.
In addition, a survey conducted by PinnacleOne, one of the nation~ leading construction consulting firms, shows
that the average price increase in construction project bidding (mainly due to materials cost increases as a result
costs of oil and steel) in 2005 was 13.2% - more than four times the rate of innation.
AGe Houston I 3825 Dacoma Street I Hous1Dn. Texas 17092 I Tel (713) 843-3700 I Fax (713) 843-3177 I www.agchouston.org
2006 Labor & Materials - Cost Survey Results
Average projected 2006 cost increases in Houston per division:
CSI Division labor Cost Proiections Material Cost Proiections
02000 Site Work 4.75% 13.75%
03000 Concrete 4.0% 5.0%
04000 Masonry 3.33% 6.33%
05000 Metals 7.33% 10.33%
06000 Wood & Plastics 0% 0%
07000 Thermal/Moisture 9.0% 10.0%
08000 Doors & Windows 5.0% 9.5%
09000 Finishes 4.0% 7.4%
10000 Specialties 6.67% 12.83%
11000 Equipment No Response No Response
12000 Furnishings No Response No Response
13000 Special Construction 4.0% 4.5%
14000 Conveying Systems No response No response
15000 Mechanical 4.88% 10.11%
16000 Electrical 7.43% 9.38%
PROJECTED 2006 AVERAGE 5.80% 9.55%
Craft Shortages Projected
The most often reported Craft Shortages continue to relate the need for more *skI1/ed~ "experienced" or .qus/llfed"
workers across many crafts. Many respondents were also concerned about the need for more
supervisors/suptHintendenfs and journeymen. Specific Trades most often reported were Iabon;ns. plumbers,
electrfclans. and masons.
Materials Shortages & COST Increases Projected
Shortages and sharp price increases were most prevalent for concrete, metals, PVC pipe, insulation, and steel.
PinnacleOne, one of the nation's leading construction consulting firms, predicts the following for 2006:
"Full impact of the hurricanes will hit the industry by mid year. In the early part of 2006, there will be minimum
escalation to construction costs while the cleanup in Louisiana, Mississippi, Texas and Florida is taking place.
However, by mid year, once reconstruction starts, look for costs to rise rapidly as the demand for materials and
labor will dramatically escalate. Increases could be as much as 10 percent to 15 percent across the country, and
it may take as long as 18 months to 24 months before supply and demand for these resources level off.
AGe Houston I 3825 Dacoma Street I Houston. Texas 77092 I Tel (713) 843-3700 I Fax (713) 843-3777 I www.~uston.org
Historical Data
labor and Materials Costs
Projected & Actual - 1998-2006
LABOR COSTS
YEAR PROJECTED
1998 10.2%
1999 4.2%
2000 5.4%
2001 7.0%
2002 5.1%
2003 4.1%
2004 6.6%
2005 6.9%
2006 5.8%
MATERIALS COSTS
YEAR PROJECTED
1998 7.3%
1999 4.3%
2000 4.1%
2001 7.3%
2002 4.8%
2003 4.3%
2004 9.1%
2005 11.9%
2006 9.55%
ACTUAL
8.4%
5.7%
7.7%
6.5%
5.7%
7.6%
6.3%
7.04%
ACTUAL
5.9%
7.5%
7.2%
4.7%
4.4%
7.6%
13.7%
16.2%
Labor Costs - Projected & Actual
12
10
G)
I/) 8 Ir!I Projected
C'II
f
u 6 . Actual
..: 4
..,e.
2
0
(X) m 0 0 N C') '<T 10 co
m m 0 0 0 0 0 0
m m 0 0 0 0 0 0 0
.- .- N N N N N N N
Materials Costs - Projected & Actual
20
IilI Projected
. Actual
Q) 15
III
IV
~ 10
c
';;ft 5
o
~ m 0 ~ N M v m ID
m moo 0 0 0 0 0
m moo 0 0 0 0 0
~ ~ N N N N N N N
AGe Houston J 3825 Decoma Street I Houston. Texas 77092 J Tel (713) 843-3700 J Fax (713) 843-3717 J www.agchouston.org
ORDINANCE NO. 2006- ~g 1<[
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND HULL & HULL, INC. FOR THE
CONSTRUCTION OF FIRE STATION NO.3, APPROPRIATING $1,462,402.00
PLUS A CONTINGENCY OF $68,475.00, 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 of $1,462,402.00 plus
a contingency of$68,475.00, from Fund 041, Project No. 831, 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.
2
PASSED AND APPROVED, THISJrf-DA Y OF--1vIdA~ , 2006.
CITY OF LA PORTE .
B'~ (Y~-t--
y. .Uh-' 0~ \~
Alton E. Porter, Mayor
ATTEST:
~~ J4jjJj)j
Martha Gillett, City Secretary
~Ef;: 1/1/. ~ I
f
Knox W. Askins, City Attorney
~ ~ -r ~.
AS-~/f cITY /tTTOf?YC-Y
LA PORTE FIRE STATION NO.3
RHA PROJECT NO. 0553
10 JANUARY 2006
3Dllnternational
x
x
$1,364,867
186
$53,806
$90,961
$1,370
$30,147
A- T ec
x
x
$1,494,085
325
$61,204
$89,500
$2,802
$26,952
Camarata & Perry
x
x
$1,410,000
185
$57,641
$97,880
$2,400
$29,940
Hull & Hull
x
x
$1,363,139
330
$46,911
$96,646
$2,617
$29,735
L & M Contractors
x
x
$1,544,563
240
$45,383
$85,000
$0
$27,000
RAY + HOLLINGTON ARCHITECTS
'AIX Document A101" -1997
Standard Form of Agreement Between Owner and Contractor
where.the basis of payment is a STIPULATED SUM
AGREEMENT made as of the
inthe year of 2006
(In words, indicate day, month and year)
27
March
BETWEEN the Owner:
(Name, address and other information)
City of La Porte
604 W. Fairmont Pkwy
La Porte, Texas 77571
Telephone Number: 281~471.5020
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
and the Contractor:
(Name, address and other information)
AlA Document A201-1997,
General Conditions of the
Contract for Construction, is
adopted in this document by
reference. Do not use with other
general conditionSlJnless this
document is modified.
Hun & HuH, Inc.
2223 Kelley Street
Houston, Texas 77026
Telephone Number: 713.699-2577
Fax Number: 7l3~699-2581
This document has been
approved and endorsed by The
Associated General Contractors
of America.
The Project is:
(Name and location)
City of La Porte Texas Fire Station NO.3
2400 Sens Road
La Porte, Texas 17571
RHA Project No. 0553
The Architect is:
(Name, address and other information)
Ray + Hollington Architects, Inc.
4916 Main Street Suite 100
Houston, Texas 17002
Telephone Number: 713-524-6131
Fax Number: 713-630-1005
The Owner and Contractor agree as follows.
AlA Document A101â„¢ -1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967,1974,1977,1980,1987,1991 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA</!) Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA</!) Document, or any portion of it, may result in severe civil and criminal penalties, and will be 1
prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To
report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org.
-
-
..
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this
Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the
Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations, representations or agreements, either.written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 8.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated
in the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
~ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or
provision is made for the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be
fixed in a notice to proceed.)
The commencement date will be fixed in a notice to proceed.
If, prior to the commencement of the Work, the Owner requireslimeto file mortgages, mechanic's liens and other security
interests, the Owner's time requirement shall be as follows;
Three Hundred Thirty Calendar Days
~ 3.2 The Contract Time shall be measured from the date of commencement.
~3.3 The Contractor shall achieve Substantial Completion of the entire later than 330 days
from the date of commencement, or as follows:
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial
Completion of certain portions of the Work.)
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, ifany,for liquidated damages relating tofai/ure to complete on time or for bonus payments for early
completion of the Work')i\ \ . .
The contractor and the contractor's surety shall be liable for alld shall pay the Owner the sums heremafter stIpulated as
liquidated damages for each calendar dy of delay afterthedate establish~ for subst~tial comp~etion in the Contracti ..
Documents until the work is substantially complete. From the compensatIon otherwIse to be paId, the OwnermaYret~mthe
sum of $1,000.00, for each calendar day thatthework remains uncompleted, which sum is agreed upon as the proper measure
of liquidated damages that the OWTler.wiUsustain per day upon the failure of the contractor to substantially complete the work
in the time stipulated, and thissumiSl10t to be construed in any sense as a penalty.
ARTICLE 4 CONTRACT SUM
~ 4.1 The Owner shall pay the Contractor the Contract Sum in current fundsfor the Con!ractQr\~rformance of the Contract.
The Contract Sum shall be One Million Four Hundred Sixty Two Thousand Four Hundreu'TwO Dollars
($ 1,462,402.00 ), subject to additions and deductions as provided in the Contract Documents.
AlA Document A10P"'-1997. Copyright @1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To
report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org.
2
--
~ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and
are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the
Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for
~ach and the date when that amount expires)
Alternate No.2 - Roofing: Add $96,646.00
Alternate No.3 - Drywall: Add $2,617.00
~ 4.3 Unit prices,
are as follows:
ARTICLE 5 PAYMENTS
~i5.1PROGRESSPAYMENTS
55.ttBased upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment
issued by the Architect, the Owner shall make progress payments on accollntbfthe Contract Sum to the Contractor as
proVided be1owandeh;ewhere in the Contract Documents.
~ 5.1.2 Thep~riod covered by ead1Application for Payment shall be one calendar month ending on the last day of the month,
or as follows:
S5.t3 Provided that an Application for Payment is received by the Architect not later than the First
day of a month, the. ()wnershalLmake payment to the Contractor not later than the Twenty Fifth day of
the same month;!! anp.pplication for Payment is received by the Architect after the application date fixed above,
payment shall be madebythe>OwIler not later than thirty (30) days after the Architect
receives the Application for Payment.
~5.1.4 Each Application for Payment shall be based on most recent schedule of values submitted?y theqontractor in
accordance with the Contract Documellts, The schedule of values shall allocate the entire Contract Sum among the various
portions of the Work. The scheduleofyallles shall be prepared in such form and supported bysuchdatato substantiate its
accuracy as the Architect mayre9uire. This schedule, unless objected to by the Architect,$haUbe used as a basis for
reviewing the Contractor's Applications for Payment.
~5.1.5Applications fo[Payment shall indicate the percentage of
period covered by the Application for Payment.
portion of the Work as of the end of the
AlA Document A101â„¢ -1997. Copyright @ 1915, 1918, 1925, 1937, 1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA~ Document is protected by U.S. Copyright law and International Treaties.
Unauthorized reproduction or distribution of this AIA~ Document, or any portion of it, may result in severe civil and criminal penalties, and will be 3
prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To
report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org.
-
-
..
~ 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as
follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the
percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion
of the Work in the schedule of values, less retainage of Five percent percent ( 5.00 %).
Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be
included as provided in Section 7.3.8 of AlA Document A20l-1997;
.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably
stored at the site for subsequent incorporation in the completedconsttuction (or, if approved in advance by
the Owner, suitably stored off the site at a location upon in writing), less retainage of
percent ( 5.00 %);
.3 Subtract the aggregate of previous payments Il1ade by the Owner; and
.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as
provided in Section 9.5 of AlA Document A201-l997.
~ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the
following circumstances:
.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full
amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work,
retainage applicable to such work and unsettlegclaims; and
(Section 9.8.5 ojAlA Document A201-1997requires release of applicable retainage upon Substantial
Completion o/Work with consento/suiety, if any.)
.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any
additional amounts payable in accordance with Section 9.10.3 of AlA DocumentA201-1997.
~ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the
percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents,
insert here provisions for such reduction or limitation.)
~ 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or
equipment which have not been delivered and stored at the site.
~ 5.2 FINAL PAYMENT
~ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when:
.1 the Contractor has fully performed the Contract except for the Contractor's responsibility to. correct Work as
provided in Section 12.2.2 of AlA Document A20 1-1997, and to satisfy other requirenlt,;nts, if any, which
extend beyond finaL payment; and
.2 a final Certificate for Payment has been issued by the Architect.
~ 5.2.2 The Owner's final payment to the Contractor shall be made no later than .30 days after the issuance of the Architect's
final Certificate for Payment, or as follows:
No Later than 30 days after the issuance of the Architects final Certificate of payment
AlA Document A101â„¢ -1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA@ Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA@ Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To
report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legai counsel, copyright@aia.org.
4
ARTICLE 6 TERMINATION OR SUSPENSION
~ 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AlA Document A201-
1997.
~6.2The Work may be suspended by the Owner as provided in Article 14 of AlA Document A20 1-1997.
ARTICLE7 MISCELLANEOUS PROVISIONS
57.1 Where reference is made in this Agreement to a provision of AlA Document 1\201-1997 or another Contract Document,
the reference refers to that provision as amended or supplemented by other provisiol180f the Contract Documents.
~7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or
inthe absence thereof, at the legal rate prevailing from time to time.at the place where the Project is located.
(Insert rateo/interest agreed upon, if any.)
(Usury laws pnd requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and
(ltherregulations..a(the Owner's and Contractor's principal places of business, the location of the Project and elsewhere
may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and
also tt:gatdingi't:(juirementssuch as written disclosures or waivers.)
~ 7.3 The Owner's representative is:
(Name, address and other information)
Wayne Sabo I Reagan McPhail
604 W. Fairmont Pkwy
La Porte, Texas 77571
281-471-9650
S 7.4 The Contractor's representative is:
(Name, address and other information)
William C. Hull
2223 Kelley Street
Houston, Texas 77026
Telephone Number: 713-699-2577
Fax Number: 713-699-2581
Mobile Number: 713-545-5060
wchull@saniac.net
~ 7.5 Neither the Owner's nor the Contractor's represelltativeshall be changed without ten days written notice to the other
Party.
s. 7.6 Other provisions:
AlA Document A101â„¢ -.1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967, 1914, 1977, 1980, 1987, 1991 and 1997 by The
Amencan Institute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reprodu~tion or distribution of this AlAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be 5
prosecuted. to the m~xlmum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To
report copynght Violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org.
".-.
-.
ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS
~ 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows:
~8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor,
AlA Document AlOl-1997.
18.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract forC()nstruction, AlA
Document A20 1-1997.
~ 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
and are as follows
Document
Title
Supplementary Conditions
Pages
19
00800
f 8.1.4 The Specifications are those contained in the ProjectManuaLdated as in Section 8.1.3, and are as follows:
(Either list the Specifications here or refer to an exhibitattachedto this Agreement.)
Section
Title
Pages
Title of Specification exhibit: Exbibit;\, Table of Contents, Divisions 0 thru 16
~ 8.1.5 The Drawings are as follows, and are dated
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
unless a different date is shown below:
Number Title
Title of Drawings exhibit: ExhibitB, Drawing Index
Date
f8.1.6 The Addenda, if any, are as follows:
Number
1
2
3
Date
Oll05/06
01/06/06
01/09/06
Pages
1 with attachments
3 with attachments
1
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements
are also enumerated in this Article 8.
AlA Document A10pM -1997. Copyright @ 1915,1918,1925, 1937, 1951,1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be 6
prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To
report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org.
~ 8.1.7 Other documents, if any, forrlling part of the Contract Documents are as follows:
(List here any additional documents that are intended to form part of the Contract Documents. AlA Document A201-1997
provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the
Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here
only if intended to be part of the Contract Documents.)
Wage Rates, 4 pages
This Agreernent isentetedintOas of the day and year first written above and is executed in at least three original copies, of
which one is to be delivered lathe Contractor, one to the Architect for use in the adrllinistration of the Contract, and the
remainder to the Owner.
o~lt:!trjh:fiL
~rA.. e>. f1eAz.et I~ C'~"f~f)((?("~
(Printed name and title) I
William C. Hull, President/CEO
(Printed name and title)
..
~tlUlf)l0t~
CAUTION: You should sign an original AlA Contract Document, on which this text appears in RED. An
original assures that changes will not be obscured.
AlA Document A101â„¢ -1997. Copyright @ 1915,1918,1925, 1937, 1951,1958, 1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AIA@ Document is protected by U.S. Copyright law and International Treaties. 7
Unauthorized reproduction or distribution of this AIA@ Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To
report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org.
EXHIBIT "A"
TABLE OF CONTENTS
La Porte Fire Station Number 3
La Porte, TX
RHA 0553
TB- 1
Page~
Pivision Section Title
CONTRACT REQUIREMENTS
DIVISION 0 - DOCUMENTS
00020 REQUEST FOR COMPETITIVE SEALED PROPOSALS
00100 INSTRUCTIONS TO BIDDERS
00220 GEOTECHNICAL DATA
00500 AGREEMENT FORMS
00610 PERFORMANCE BONDS
00620 PAYMENT BONDS
00700 GENERAL CONDITIONS
00800 SUPPLEMENTARY CONDITIONS
CITY OF LA PORTE PREVAILING WAGE RATE DETERMINATIONS
1
1
29
1
3
3
1
19
4
SPECIFICATION REQUIREMENTS
DIVISION 1 - GENERAL REQUIREMENTS
01010
01025
01230
01250
:>1290
31310
:>1320
)1330
)1400
)1410
)1420
)1500
)1565
)1566
)1567
)1568
)1569
)1600
11700
11731
)1740
11770
SUMMARY OF WORK
MEASUREMENT AND PAYMENT
ALTERNATES
CONTRACT MODIFICATION PROCEDURES
PAYMENT PROCEDURES
PROJECT MANAGEMENT AND COORDINATION
CONSTRUCTION PROGRESS DOCUMENTATION
SUBMITTAL PROCEDURES
QUALITY REQUIREMENTS
TESTING LABORATORY SERVICES
REFERENCES
TEMPORARY FACILITIES AND CONTROLS
NPDES REQUIREMENTS
SOURCE CONTROLS FOR EROSION AND SEDIMENTATION
FILTER FABRIC FENCE
REINFORCED FABRIC FILTER BARRIER
ST ABIL\ZED CONSTRUCTION EXIT
PRODUCT REQUIREMENTS
EXECUTION REQUIREMENTS
CUTTING AND PATCHING
WARRANTIES
CLOSEOUT PROCEDURES
5
2
2
2
4
5
6
8
1
2
14
6
2
3
3
3
3
6
5
4
3
5
La Porte Fire StaUon Number 3
La Porte, TX
RHA 0553
TABLE OF CONTENTS
T8.2
01781
01782
01820
PROJECT RECORD DOCUMENTS
OPERATION AND MAINTENANCE DATA
DEMONSTRATION AND TRAINING
3
5
4
DIVISION 2 - SITE WORK
02230 SITE CLEARING
02240 DEWATERING
02244 LIME STABILIZATION
02260 EXCAVATION SUPPORT AND PROTECTION
02300 EARTHWORK
02361 TERMITE CONTROL
02466 DRILLED PIERS
02600 SITE UTILITY PIPING
02741 HOT-MIX ASPHALT PAVING
02751 CEMENT CONCRETE PAVEMENT
02764 PAVEMENT JOINT SEALANTS
02810 IRRIGATION SYSTEMS
02821 FENCES AND GATES
02920 LAWNS AND GRASSES
02930 EXTERIOR PLANTS
4
3
2
4
10
4
7
5
6
11
4
14
2
7
8
DIVISION 3 - CONCRETE-
03300 CAST IN PLACE CONCRETE
13
DIVISION 4 - MASONRY
04810 UNIT MASONRY ASSEMBLIES
17
DIVISION 5 - METALS
05500 METAL FABRICATIONS
~o
DIVISION 6 - WOOD AND PLASTICS
06100 ROUGH CARPENTRY
06403 PLASTIC LAMINATE ARCHITECTURAL WOODWORK
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07160 BITUMINOUS DAMPPROOFING
07190 VAPOR RETARDER
07210 BUILDING INSULATION
07223 ROOF INSULATION
07412 METAL WALL AND SOFFIT PANELS
0755\ MODIFIED BITUMINOUS SHEEl ROOFING
07610 METAL ROOFING
07620 SHEET METAL FLASHING AND TRIM
07650 FLEXIBLE FLASHING
07710 MANUFACTURED ROOF SPECIALITIES
07720 ROOF ACCESSORIES
07920 JOINT SEALANTS
6
6
2
2
2
3
~2
5
8
3
2
7
8
3
,..~
La Porte Fire Station Number 3
La Porte, TX
RHA 0553
TABLE OF CONTENTS
TS. 3
DIVISION 8 - DOORS AND WINDOWS
08110 STEEL DOORS AND FRAMES
08212 PLASTIC FACED DOORS
08311 ACCESS DOORS AND FRAMES
08361 SECTIONAL OVERHEAD DOORS
08411 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS
08520 ALUMINUM WINDOWS
08711 DOOR HARDWARE
08810 GLAZING
4
3
2
7
10
5
9
4
DIVISION 9 - FINISHES
09205 FURRING AND LATHING
09220 PORTLAND CEMENT PLASTER
09260 GYPSUM BOARD
09310 CERAMIC TILE
09512 ACOUSTICAL TILE CEILING
09660 RESILIENT TILE FLOORING
09678 RESILIENT WALL BASE AND ACCESSORIES
09912 PAINTING
3
3
5
9
3
3
3
5
DIVISION 10- SPECIALTIES
10160 METAL TOILET COMPARTMENTS
10200 LOUVERS AND VENTS
10522 FIRE EXTINGUISHERS, CABINETS AND ACCESSORIES
10801 TOILET ACCESSORIES
3
6
1
3
DIVISION 11 - EQUIPMENT
11451 RESIDENTIAL APPLIANCES
4
DIVISION 12 - FURNISHINGS
12491 HORIZONTAL LOUVER BLINDS
DIVISION 13 - SPECIAL CONSTRUCTION
NOT INCLUDED
5
DIVISION 14 - CONVEYING SYSTEMS
NOT INCLUDED
DIVISION 15 - MECHANICAL
La Porte Fire Station Number 3
La Porte, TX
RHA 0553
TABLE OF CONTENTS
TB-4
15010 BASIC MATERIALS AND METHODS
15011 SUBMITTALS
15012 OPERATION AND MAINTENANCE MANUALS
15030 TESTING
15140 SUPPORTS AND ANCHORS
15190 MECHANICAL IDENTIFICATION
15242 VIBRATION ISOLATION
15260 PIPING INSULATION
15290 DUCTWORK INSULATION
15412 DOMESTIC WATER AND SANITARY DRAIN PIPING
15430 PLUMBING SPECIALTIES
15440 PLUMBING FIXTURES
15450 PLUMBING EQUIPMENT
15530 REFRIGERANT PIPING
15540 AIR COOLED CONDENSING UNITS
15550 DX AIR HANDLING UNITS
15860 FANS
15881 AIR DISTIBUTION EQUIPMENT
15885 AIR FILTERS
15890 DUCTWORK
15910 DUCTWORK ACCESSORIES
15951 CONTROLS
15990 TESTING, ADJUSTING, AND BALANCING
6
3
1
3
4
3
3
4
5
5
4
3
2
2
2
2
1
1
1
3
4
2
5
DIVISION 16 - ELECTRICAL
16010 BASIC MATERIALS AND METHODS 5
16011 SUBMITTALS 3
16012 OPERATION AND MAINTENANCE MANUALS 1
16053 ELECTRICAL SYSTEMS COORDINATION STUDY 2
16110 RACEWAYS 4
16120 WIRE, CABLE AND RELATED MATERIALS 3
16140 WIRING DEVICES 3
16180 EQUIPMENT WIRING SYSTEM 2
16190 SUPPORTING DEVICES 2
16195 ELECTRICAL IDENTIFICATION 1
16231 ELECTRICAL EMERGENCY-STANDBY POWER SYSTEMS GERERATOR SET (S) 9
16250 TRANSIENT VOLTAGE SURGE SUPPRESSION (TVSS) 4
16400 SERVICE AND DISTIBUTION 2
16413 AUTOMATIC TRANSFER SWITCHES 6
16420 ELECTRICAL SERVICE ENTRANCE '\
16425 SWITCHBOARDS 3
16450 GROUNDING 2
16461 DRY TYPE TRANSFORMERS 3
16470 PANELBOARDS 4
16475 FUSES 2
16480 MOTORS AND STARTERS 3
16490 SAFETY AND DISCONNECT SWITCH 2
La Porte Fire Station Number 3
La Porte, TX
RHA 0553
TABLE OF CONTENTS
TB-5
16510 LIGHTING FIXTURES
16670 LIGHTNING PROTECTION SYSTEM
16740 TELEPHONE/DATA RACEWAY SYSTEM
16930 MISCELLANEOUS ELECTRICAL CONTROLS AND WIRING
5
2
1
3
SHEET
COVER
AOOO
AOOI
A002
CIVIL
CI
C2
C3
C4
C5
C6
C7
ARCHITECTURAL
AlOO
Al50
A200
A210
A220
A230
A250
A251
A300
A301
A310
A311
A312
A350
A351
A352
A400
A500
A600
A700
A701
A702
EXHIBIT "B"
DRAWING INDEX
TITLE
INDEX
CODE INFORMATION SUMMARY
PARTITION TYPES & ASSEMBLIES
SURVEY
PAVING AND DRAINAGE PLAN
UTILITY PLAN
DETENTION PLAN
DRAINAGE AREA MAP
POLLUTION PREVENTION PLAN
CIVIL DETAILS
POLLUTION PREVENTION PLAN DETAILS
SITE PLAN
SITE PLAN DETAILS
FLOOR PLAN & MEZZANINE PLAN
REFLECTED CEILING PLAN & HIGH CEILING PLAN
FINISH PLAN & MEZZANINE FINISH PLAN
ENLARGED PLAN
PLAN DETAILS
PLAN DETAILS
BUILDING ELEVATIONS
BUILDING ELEVATIONS
BUILDING SECTIONS
BUILDING SECTIONS
BUILDING SECTIONS
SECTION DETAILS
SECTION DETAILS
SECTION DETAILS
ROOF PLAN
DOOR / WINDOW FRAMES & SCHEDULES
LADDER SECTION & DETAILS
INTERIOR ELEVATIONS
INTERIOR ELEVATIONS
MILL WORK SECTIONS
SHEET
STRUCTURAL
Sl.l
S2.1
S3.1
S3.2
S4.1
S4.2
S5.1
MECHANICAL
MO.O
Ml.O
M1.1
M1.2
M1.3
M2.0
M3.0
ELECTRICAL
EO.O
El.O
ELI
E1.2
E2.1
E2.2
E3.0
E4.0
FIRE ALARM
FAO.O
FALl
FA1.2
PLUMBING
PO.O
Pl.O
P1.1
P1.2
P3.0
TITLE
GENERAL NOTES
ROOF FRAMING PLAN AND FOUNDATION PLAN
FOUNDATION DETAILS
FOUNDATION DETAILS
TYP. STEEL DETAILS
TYP. STEEL DETAILS
MEZZANINE FRAMING PLAN AND TYP. DETAILS
LEGENDS AND SPECIFICATIONS
SITE PLAN
MECHANICAL FLOOR PLAN
MEZZANINE PLAN
SANITARY PLAN
SCHEDULES
DETAILS
LEGENDS AND SPECIFICATIONS
SITE PLAN
FIRST FLOOR LIGHTING PLAN
MEZZANINE LIGHTING PLAN
POWER PLAN
MEZZANINE POWER PLAN
ELECTRICAL RISER DIAGRAM
DETAILS
LEGENDS AND SPECIFICATIONS
MECHANICAL FLOOR PLAN
MEZZANINE PLAN
LEGENDS AND SPECIFICATIONS
SITE PLAN
FIRST FLOOR SANITARY PLAN
FIRST FLOOR WATER PLAN
DETAILS AND SCHEDULES
-+~i ~-f~f11
~{)P(oJ (a 3/)7 JO~
REQUEST FOR CITY COUNCIL AGENDA ITEM. I
Agenda Date Requested: March 27, 2006
(Tabled, March 13, 2(06)
Requested By: Stephen L. Barr
Appropriation
Department:
P
Acc't Number:
015-9892-889-1100
032-0000-371-0105
Report: ...K.-Resolution: _Ordinance:_
Amount Budgeted:
$79,000
Exhibits:
Letters re: Texas Buy Board Prices
Amount Requested:
$57,950
Exhibits: Plavm-ound Report, Julv 8. 2000
Exhibits: 1- Memo to City Council, March 21, 2006
Bud eted Item:
YES X
NO X
() e-uJ
tv\-PO
SUMMARY & RECOMMENDATION
The attached Playground Standards Report that was approved by City Council in 2000, shows needs of
$30-80k for annual playground replacement for parks in our system, and shows a schedule based on need for all
of the parks in our park system We have been budgeting $27,000 annually for equipment, which includes
approximately $18,000 for equipment, and $10,000 for fall material, concrete work, and a picnic shelter
structure. The estimated cost for this year is approximately $28,000 due to cost increases in materials and
equipment.
This year during the budget process City Council authorized park playground and park service
equipment purchases for the Park to Standards project at Pete Gilliam Park, Yz the park equipment for the
recently acquired Spenwick Park, and in addition, Council has requested that we accelerate the purchase of
equipment for a prq:>osed park in Park Zone 5. The City is using pricing through the Texas Buy Board, a method
of purchasing where the competitive bids are obtained and approved through the State of Texas. The attached
letters from May Recreation Equipment Company give the pricing for the total as well as individual costs for
each item contemplated. The Miracle Equipment specified is the same equipment that we have used in our parks
for the past several years. It is connnercial quality and is serviceable and durable.
Spenwick Park: Council chose to fund Yz of the normal $27,000 ($14,000 was set aside) from its
discretionary funds, for park equipment for Spenwick Park in the current year, with the rest to follow at a later
date. The cost of Spenwick Park equipment exceeds the funds set aside for the project by $5,600. Adding this
funding would allow the purchase of the standard equipment for this park and then, as planned, complete the
concrete work, and shelter, in FY 06-07. Council may choose to include this equipment at this time by funding
the difference, or a portion of the amount of the cost overrun can be deducted from the total bid, and we would
purchase the modular play structure and border timbers only.
Park Zone S park: This proposed park was not included in the FY 05-06 budget; however, funds in the
amount of $38,261 are available iJ]. Park Zone 5 for park development that is earmarked for this purpose. The
City is currently negotiating a SPARK Park with the LPISD at property the District owns at the intersection of
"0" Street and Sens Road, and is purchasing the equipment in advance of an anticipated agreement with the
District to service the needs of citizens in Park Zone 5. To provide for a standard park for this zone, staff
proposes to purchase the standard equipment, along with other enhancements (ie. baseball backstop), the
standard concrete work and picnic shelter, fall material, etc. In addition, at this park we would look at a
connector sidewalk to the Spencer Landing subdivision along "0" Street, as well as a walking trail in the
proposed park At this time we are gathering prices for sidewalk and trail; we currently do not know the footprint
of the proposed school on this property so we don't know how much available space we will have for the park or
exactly where it will be located When those things have been determined, staff will present to Council for
consideration.
Pete Gilliam Park: Council approved this CIP project in the FY05-06 budget based on the above
mentioned Playground Standard Report. Another option that may be considered by Council is to defer the parks
to standard improvements at Pete Gilliam Park in this fiscal year and pick it up in the following year. Council
could also choose to delete it from the replacement list altogether. The savings in either case could then be
applied to enhance the equipment for the proposed Zone 5 Park. This option would allow some additional
equipment and infrastructure improvements for this proposed park over and above the standard park
improvement package. Both Pete Gilliam Park and the proposed Park Zone 5 park are in Council District 4. If
this option is exercised, the purchase of play equipment in this package would be reduced by $17,716; to
approximately $39,234 (the original price includes a 10% discount for purchases of $50,000 or more). This
figure will have to be confinned by the vendor, May Recreation Equipment Company.
Staff reconnnends acceptance of the Texas Buy Board pricing from May Recreation Equipment Company in
an amount to be determined by Council (up to $57,950) for play and park service equipment for Pete Gilliam
Park, Spenwick Park, and Park Zone 5 Park according to the bid documents attached, if additional funding is
approved
Action Reauired bv Council:
Consider award of Texas Buy Board bid to May Recreation Equipment Company for play and park
service equipment for Pete Gilliam Park, Spenwick Park, and Park Zone 5 Park according to the bid documents
attached, and according to Council detennination and funding approval.
3 ~~d -O(p
Date
Parks and Recreation Department
Playground Standards Report
July 8, 2000
Stephen L. Barr, Director
2
1. Historical Overview
The Parks and Recreation Department is continuing to grow as the City of La Porte
grows. In the past year we have added three parks to the parks inventory; Seabreeze
Park, Dwire St. Park, and Pine Bluff Park. In the FY 1999-2000 Capital Improvement
Budget, for the first time, we asked for a capital budget item to upgrade the play
equipment and park service equipment at Tom Brown Park. The reasoning behind the
request is that park service and play equipment life expectancy is in the 15-20 year
range. With seventeen park areas and one undeveloped park site now in our inventory,
it makes sense to have a standard replacement schedule of one park per year. That
way, as a long-range strategy, we will have replaced our park service and play
equipment at each park at about the time the equipment wears out.
2. Standardized Park Service and Playground Equipment
It is safe to say that all parks have a need for some type of play equipment for young
children, even if just to occupy their time while big brother or sister is playing soccer or
baseball. In addition, there is a need at each park for park service equipment for picnics,
barbecues, a place to sit and watch kids play and to collect the trash generated by
these activities. Our goal, with the exception of Pine Bluff Park (due to its small size) is
to provide equipment at each park in a standard configuration. Our standard
- configuration includes the following minimum components (larger parks would increase
the number of units provided):
. One play apparatus as a modular component multi-level system made up of a
minimum combination of twenty: modules, decks, transfer platforms, enclosures,
bridges, and other equipment; connected so as to form a single structure.
. One swing set with minimum 2 swing seats.
. Two picnic tables on concrete slabs
. One above-ground barbeque pit on concrete slab
. Two park benches on concrete slabs
. Two trash receptacles
This configuration will provide a basic level of traditional park service for each of our
park facilities.
3. Implementation
As I mentioned above, the Parks and Recreation Department began the park service
and playground standardization process this fiscal year with Tom Brown Park. The
3
equipment for Tom Brown is in the process of installation. We have several parks that
have old wooden play structures that are nearing the end of their life expectancy. Both
Creekmont and Lomax wooden play structures were removed last year and we still
have wooden play structures at Little Cedar Bayou Park, Northwest Park, and 14th St.
Park. We are considering the following priority list for future park service and play
equipment upgrades (Northside Park is also in an interim status; there is additional work
to be done to meet the standard at this park):
1. Creekmont Park FY 2000-2001
2. Lomax Park FY 2001-2002
3. Little Cedar Bayou Park FY 2002-2003
4. 14th St. Park FY 2003-2004
5. Northwest Park FY 2004-2005
6. Pete Gilliam Park FY 2005-2006
7. Pfeiffer Park FY 2006-2007
8. Ohio St. Park FY 2007-2008
9. Brookglen Park FY 2008-2009
10. Sylvan Beach Park FY 2009-2010
11. Dwire St. Park FY 2010-2011
12. Fairmont Park FY 2011-2012
13. Glen Meadows Park FY 2012-2013
14. Central Park FY 2013-2014
15. Northside Park FY 2014-2015
16. Seabreeze Park FY 2015-2016
17. Tom Brown Park FY 2016-2017
The proposed replacement schedule above would be adjusted for unexpected park
service or playground needs, and as new parks are added to the inventory. Costs for
this program will vary based on the size of the park and the number of units required.
Staff estimates the cost will vary from $30,000 to $80,000 for each park installation. Of
course there are other variables such as inflation and possible future changes in design
requirements that may add to the cost of future installations. The intent is to provide a
systematic and pragmatic approach for service provision that meets the recreation
needs of the citizens of La Porte
FROM MAY RECREATION
From: 9038323402 Page: 1/1 Date: 12/8/20057:0725 AM
PHONE NO. : 903 832 3402 Dec. 08 2005 07:4?~~ Pi
-
May
Recreation
Equipment
Company
0:
City of LaPorte
Attention: Bert Clark
(Via Fax: (281) 470-1361)
...
- --
- - -
-~"..-
.a'..
. - --
.......
.. -~ -
FROM:
David May
Miracle Recreation Equipment Company
RE:
Texas Buy Board Pricing
DATE:
December 8, 1005
..............................-..........................................
PRICE: $57,950.00
This is your Texas Buy Board price plus an additional! 0% discount for
volume over $50,000.00.
This price includes the following:
Ouantity Description
3 Modular Play Systems as Specified.
150 l' x 6' Timber BOrders with Stakes.
2 4-Seat Swings as Specified.
6 Standard Grills, Model #1104.
3 8' PVC Tables, Modyl #tI 18.
2 6' pye Benches, Ingr:ound, Model #1267.
Freight to LaPorte, Texas is included. .
^~..-...
#2 :Bent Tree Court
Texarkana, Texas 75503
Phone: (903) 838-8871
Fax: (903) 832-3402
Toll Free: (800) 964-6301
12900 Walden Road. #624
Montgomery, Texa.<; 77356
Phone: (409) 582.1693
This fax was received by GFI F AXmaker fax server at the City of La Porte.
FROM MAY RECREATION
From, 9038323402 Page: 1/1 Date: 2/10/2006 7:28:17 AM
PHONE NO. : 903 832 3402 Feb. 10 2005 08:05AM Pi
May
Recreation
Equipment
Company
TO:
FROM:
RE;
DATE:
City of LaPorte Parks Department
Attention: Steven Barr, Director
(Via Fax: (281) 470-1361)
David May
Miracle Recreation Equipment Company
Price per Park for Texas Buy Board Pricing
Dated December 8, 2005
F ebrnary 10, 2006
..........M........~....................................................a
A.
B.
C.
D.
E.
F.
Modular Playstructure. each
50 Border Timbers
4-Seat Swing, each
Standard Grill # 11 04, each
8" PVC Table #1118, each
6" PVC Bench #1267, each
$14,336.00
$3,140.00
$920.00
$150.00
$600.00
$340.00
These prices include freight charge to LaPorte, Texas, but no installation
or safety sutface.
#2. Bent Tree CoUrt
rexarkana, Texas 75503
Phone: (903) 838.8871
Fax: (903) 832-3402
Toll Frea: (800) 964--6301
This fax was received by GFI FAXmaker fax server at the City of La Porte
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559148
City of La Porte
Interoffice Memorandum
From: Stephen L. Barr, Director of Par
March 21, 2006
To: Mayor and City Council
Through: John Joems, Assistant City
Meeting Summary, Possible Park
Zone 5 Park
Yesterday afternoon Mayor Porter, Councilman Moser, and I met with representatives of the Spencer
Landing Homeowner's Association regarding the upcoming play equipment purchase for a proposed
Park Zone 5 Park. The following is a summary of the discussions th!took place.
Items Discussed ~~ ~
. Discussion of possible joint venture SPARK parllon roperty owned by the LPISD at
the intersection of Sens Road and "0" Street. - IX
. Further discussion of possible joint venture with SLHOA to install play equipment on
property owned by SLHOA, equipment to be maintained by the City of La Porte.
. No decision reached on above possibilities, pending further information from LPISD
and City of La Porte (see below).
· Discussed possible temporary parking at LPISD SPARK park, will not be considered
due to high cost.
. Discussed repair of existing sidewalk along portion of "0" Street, and extension to
proposed SPARK park.
. Discussed possible culvert sizing and possible retention of water along "0" Street
ditches if SPARK park is chosen.
· Discussed possible dirt work; topographic survey of property to determine what, if any
work would be needed for the SPARK park.
· Discussed higher cost of play equipment from last year's purchase of similar
equipment.
· Proposal to go ahead and submit the purchase of play equipment to City Council for
consideration, to be placed at either of the above locations after a decision is made.
· Discussed deferring purchase and installation of play equipment at Pete Gilliam Park
until survey of usage or additional information can be evaluated or, the possibility of
using funds earmarked for Pete Gilliam Park in this fiscal year, for improvements to
SPARK park project (these funds would not be available for use in the property owned
by SLHOA). This information to be presented to City Council for consideration as a part
of the playground purchase item. On Monday, March 27th.
Information Requested
· SLHOA would like to see the site overlay showing available space for the proposed
SPARK park as soon as it is available from LPISD.
Page1of2
· SLHOA would like the City to get an estimate of the cost of dirt work for the Detention
area at Spencer Landing, to channelize the bottom, and to add and shape fill to place
the proposed play equipment.
· SLHOA would like to know the right-of-way width of "0" Street.
· If the SPARK park is chosen, SLHOA would like protection (i.e. right of first refusal)
should LPISD choose to sell their property and not build a school on the site.
· SLHOA would like information on accessibility of SPARK park for parents during school
hours.
I will be working with staff to provide information to Mr. Wise of the SLHOA as it becomes available.
Page2of2
1",,-
1'-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested
Requested By: Martha
Appropriation
Source of Funds:
Department:
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Amount Requested:
Exhibits:
Attachment A
Budgeted Item: YES NO
Exhibits: Coding Filet Sheet
SUMMARY & RECOMMENDATION
Friday, March 17,2006, I received a phone call from the City of Shoreacres advising Harris County did not have
equipment available for them to use in the upcoming school district election. Harris County advised Shoreacres the
City of La Porte would be tabulating their election results. The school district has separate contracts with both
Shoreacres and Morgan's Point. A meeting was held between all entities and a conference call was made to Harris
County. It was determined we could code each entity separately and all tabulation could be completed at the City of
La Porte Central Counting Station. Since Shoreacreas and Morgan's Point are cancelling their General Elections,
and we already have a contract with the school district there is no need for contractual changes. We will bill the
school district for their portion as outlined in our existing contract.
Due to the lack of equipment, staff recommends the City of La Porte tabulate all election results for La Porte
Independent School District including boundaries of Shore acres and Morgan's Point.
Upon the completion of this election, staff recommends meeting with all entities to determine future needs.
Action Reauired bv Council:
Provide staff approval to expand election duties to include Morgan's PointlShoreacres/La Porte Independent School
District Joint Election for May 13, 2006 and discuss possible joint elections with all three cities in the future..
_ -1-- c~(;) - 0 G,
Date
Delivery - Election Fact Sheet
(Full)
Entity Name: City of La Porte
Election Date: Mav 13. 2006
Election Title: City of La Porte and La Porte Independent School District Joint General Election
City of La Porte Special Sales Tax Election_
Contact: Martha A. Gillett Ph:281-470-5019
email: gillettm(a2laoortetx.g:ov
Fax.: 281-470-5009
Address: 604 W. Fairmont Pkwv. City: La Porte Zip 77571
Emergency Contact: Martha A. Gillett Phone _281-507-8723 cell_
Delivery - Early Voting by Personal Appearance Equipment
Total number oflocations: 3
Total number of Mobile Sets:
Should all equipment be delivered to one location? Yes / No If Yes, what location? NO
If NO how many delivery locations (including mobile sets): 3
REQUESTED Delivery Date & Time: Flexible - please call to schedule
Delivery - Election Day Equipment
Should all equipment be delivered to one location? No If Yes, what location? NO
If NO how many delivery locations :No 5 locations
REQUESTED Delivery Date & Time: Flexible - please call
Support
Will you be requesting On Site Election Day Support? - YES
Will you be requesting Election Night Tally Support? YES
Delivery - Logic & Accuracy Tests
L & A delivery date and time: Flexible please call
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a.m. / p.m.
Date and time of first L & A:
flexible please call
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Is L & A Support being requested? YES
NOTE: Dates & Times for delivery & support are not final until confirmation has been received from tbe Election Tecbnology Center.
Delivery - Mail and Sample Ballots
Mail Ballots
English/Spanish Ballots needed
EngIish/Vietnamese Ballots needed
IS
Sample Ballots
English/Spanish Sample Ballots Needed
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12
ETC Delivery and Support, Contact Debbie Worcester or Bryan Schouten 281-447-2973
Elections Department, Contact Pam Krischke 713-755- 5792
Mail and Sample Ballots, Contact Carl Stonecipher. 713-755-5792
Return to Harris County Elections Department no later than March 14,2006.
# of JBe's
# of eSlates'
#ofDAU~s' ,
2
2
2
District 8 - LPISD Onl
Below is a sample of how to list your Election Day locations and equipment allocations.
EI D P II' PI I fi f
ecbon ay 0 Inl?; ace n orma Ion
" - .....-.".. .'......', ,,' ','Precinct, ,. ".... .,"--', -, ..'.
,'.....Eie~tio~I>ay PoJlli.g ~citioD ,c", -..;.,.. .... ,_"'_ -.- ....,
.. _' .... .... ...... n_...... '_,_ ._..'__,_'_' #ofeSiattlS ..# ofDAU~1i
NameINo;'. .< SiJJ.gIeMeDtb~I'DistriCt.. . # of JBe's .
"",'> .... '.,,' ,>",.,
'-, .... - ..
Baker Sixth Grade Campus (Entry Area) Districts 1,2,3 District 1, 2 and 3 and 6
6000 West Main (W .Main@Underwood) and 6 2 3 1
La Porte, Texas 77571
La Porte High School Student Center
301 E. Fairmont Parkway Districts 4 & 5 District 4 and 5 2 2 1
La Porte, Texas 77571
College Park Elementary (Foyer)
4315 Luella District 7 District 7 2 1 1
Deer Park, Texas 77536
Shoreacres City Hall
601 Shoreacres Blvd. District 8 District 8 2 1 1
Shoreacres, Texas 77571
Morgan's Point City Hall
1415 East Main Street District 9 District 9 2 1 1
Morgan's Point, Texas 77571
Below is a sample of how to list your Contest Names and candidates or issues. Also please indicate whether
At-Large or Single Member District Contest.
Ballot Language '" ...'." 'ji . ". <:,T.. f~ " Singl.~/..... ,'... .... ,'. '",
ii'....,'..'..,:)(.,.:,,:,:; '. ","'y.>>>>>"'" I,.'.'i;;j~ '.' ':"':~~~~~~i ... .
,':'.;', 'ir,...'.":" \..L, ::> .'. Member"
f .'V>>.>' ...'....:.....,...yx .'.':'.' ;:""':.-"u" :,::\. "i .. District 'N~irielNJ)i:. :
,,' ..
Contest Name (Race Title)~ Mayor Yes 1, 2, 3, 4, Baker Sixth
5, & 6 Grade
Campus and
La Porte
High School
Student
Center
Candidate Ballot Position 17 Alton E. Porter
7
7
Contest Name (Race Title)7 Councilmember, District 2 No 2 Baker Sixth
Grade
Campus
Candidate Ballot Position 17 Chuck Engelken Jr.
Contest Name (Race Title)7 CouDcilmember, District 3 No 3 Baker Sixth
Grade
Return to Harris County Elections Department no later than March 14, 2006.
Campus
Candidate Ballot Position 17 Howard R. Ebow
7
Contest Name (Race Title)7 Trustee, Position 3 Yes 1,2,3,4, College Park
5, 6, 7 8 & Elementary,
9 Baker Sixth
Grade
Campus, La
Porte High
School
Student
Center,
Morgan's
Point City
Hall and
Shoreacres
City Hall
Candidate Ballot Position 17 Paula Bridges Yes 1,2,3,4, 5, College Park
6, 7, 8 & 9 Elementary,
Baker Sixth
Grade
Campus, La
Porte High
School
Student
Center,
Morgan's
Point City
Hall and
Shoreacres
City Hall
Candidate Ballot Position 27 Craig Hulcy Yes 1,2,3,4,5, College Park
6, 7" 8 & 9 Elementary,
Baker Sixth
Grade
Campus, La
Porte High
School
Student
Center,
Morgan's
Point City
Hall and
Shoreacres
City Hall
Candidate Ballot Position 3 Michael Joe Thannisch Yes 1,2,3,4,5, College Park
6, 7" 8 & 9 Elementary,
Baker Sixth
Grade
Campus, La
Porte High
School
Student
Center,
Morgan's
Point City
Hall and
Shoreacres
City Hall
Return to Harris County Elections Department no later than March 14,2006.
Contest Name (Race Title) Trustee, Position 4 Yes 1,2,3,4, College Park
5,6, 7, 8 & Elementary,
9 Baker Sixth
Grade
Campus, La
Porte High
School
Student
Center,
Morgan's
Point City
Hall and
Shoreacres
City Hall
Candidate Ballot Position 1 Gene Horn Yes 1,2,3,4, College Park
5,6, 7, 8 & Elementary,
9 Baker Sixth
Grade
Campus, La
Porte High
School
Student
Center,
Morgan's
Point City
Hall and
Shoreacres
City Hall
Contest Name (Race Title) Trustee, Position 5 Yes College Park
Elementary,
Baker Sixth
Grade
Campus, La
Porte High
School
Student
Center,
Morgan's
Point City
Hall and
Shoreacres
City Hall
Candidate Ballot Position 1 Edward Matuszak Yes 1,2,3, College Park
4,5,6,7, Elementary,
8,&9 Baker Sixth
Grade
Campus, La
Porte High
School
Student
Center,
Morgan's
Point City
Hall and
Shoreacres
City Hall
Return to Harris County Elections Department no later than March 14, 2006.
Contest Name (Race Title)~ Proposition 1 Adoption of a Yes 1,2,3,4,5 & Baker Sixth
Local Sales and Use Tax in the 6 Grade
City of La Porte at the rate of Campus and
one-fourth of one percent to La Porte
provide revenue for High School
maintenance and repair of Student
municipal streets Center.
Ballot Position 17 For
Ballot Position 27 Aeainst
If your entity is interested in on-site eSlate training please email Pam Kriscbke at pkriscbke@hcco.hctx.net with
the proposed location. Please note the minimum number of attendees is 20. Maximum number of attendees is 40
and classes are subject to inspection of the proposed site. Entities may want to join together at one site to meet
the minimum and maximum requirements for an on-site training class.
Return to HalTis County Elections Department no later than March 14, 2006.
,-
fi-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 27. 2006
Appropriation
Requested By: Susan Kelley, Purchasing Manager
Source of Funds:
Crystal Scott, Asst. to the City Manager
Account Number:
Department: Administration
Amount Budgeted:
Report:
Resolution:
Ordinance:
Amount Requested:
Powerpoint Presentation
Budgeted Item:
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
Siemens Building Technology made a presentation to City Council at the February 13 meeting. City Council
requested some additional information on the presentation. Siemens is making another presentation to City
Council to clarify some concerns of City Council.
The City has been exploring ways to cut energy costs and comply with SB 5. This bill requires political
subdivisions to do 3 things.
(1) Undertake all cost effective energy efficiency projects on existing facilities that will result in a reduction
in the use of electricity.
(2) Establish a goal to reduce their electrical consumption by 5% a year for 5 years; and
(3) Annually report to State Energy Conservation Office (SECO) on results and the progress oftheir efforts.
Siemens Building Technologies, Inc. can assist with compliance of this bill. In addition to helping the City
comply with SB 5, Siemens can assist the City in other areas of energy efficiency. Staff has been exploring with
Siemens funding options for energy efficiency and other capital projects using Performance Solutions and
possible contracting on HV AC maintenance.
This program would save the City money in energy costs, offer special funding options to pay for the upgrades,
and help staff with HV AC issues.
Action Required bv Council:
Receive report from Siemens Building Technologies, Inc..
3-.~-V~
Date
City of La Porte
Interoffice Memorandum
To:
Debra Brooks FeazeUe, City Manager
From:
Crystal Scott, Assistant to the City Manager
Date:
March 21, 2006
Subject:
Energy Conservation Proposal
Since the City Council meeting on February 13 Susan Kelley and I have met with Chad Nobles on
Councilman Clausen's concerns about performance contracting. Chad has provided Susan and I with the
names of several references that are currently doing business with Siemens.
City of Bellaire
The City of Bellaire does not have a performance contract with Siemens. Their City tabled this
agreement because they were about to hold a bond election. The Facility Manager for Bellaire will
propose performance contracting to the Council again in the near future. Bellaire does have a
preventative maintenance contract with Siemens. Siemens basically provides routine maintenance on
their equipment. Bellaire has been able to replace a few of their worst equipment through their ClP
program. Bellaire can not afford to enter into a comprehensive contract with Siemens due to a great
number of their equipment being old.
City of Bedford
The City of Bedford has done some extensive work with Siemens through Performance Contracting.
Using Performance Contracting, the City of Bedford has been able to replace lots of water fixtures to the
more efficient type, retrofitted signals from standard to LED, replaced ballasts and light bulbs, and install
an energy management system in City Hall that controls the City facilities. The next phase for Bedford is
the replacement of 41 AlC units to new high efficient units with 10 year warranties.
Bedford has met the requirements ofSB 5. The State Energy Conservation Office (SECO) has informed
Bedford they will not be required to report next year because they have reduced their electrical
consumption by 10%. Bedford currently has a comprehensive contract with Siemens for their law
enforcement center. Since entering into a comprehensive contract with Siemens, Bedford has reduced
their service calls to the law enforcement center by 80%. They will be going out for bid soon and hope to
have a comprehensive contract with Siemens for all their facilities.
Bedford has made all these accomplishments in 1 year.
Other entities such City of DeSoto, Collin County, and City ofConroe have a performance contract with
Siemens. University of Texas at Arlington has an energy management contract with Siemens.
Enclosures
DBF:cns
Scott, Crystal
From:
Sent:
To:
Subject:
Scott, Crystal
Monday, February 27,20069:26 AM
Feazelle, Debra; Joerns, John; Alexander, Cynthia; Kelley, Susan
FW: Conroe: city to get $7 million+ in energy-related improvements - including 11,000 water
meters - that will not cost it a dime
Crystal N. Scott
Assistant to the City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
(281) 470-5014 (office)
(281) 842-1259 (fax)
-----Original Message-----
From: Lewis F. McLain, Jr. [mailto:news@citybase.net]
Sent: Monday, February 27, 2006 6:49 AM
To: Scott, Crystal
Subject: Conroe: city to get $7 million+ in energy-related improvements - including 11,000
water meters - that will not cost it a dime
Con roe signs contract with Siemens
By: Howard Roden,
Conroe Courier staff
02/24/2006
The city of Conroe will receive more than $7 million in energy-related improvements
including the installation of more than 11,000 state-of-the-art water meters - that won't
cost it a dime.
And that's guaranteed.
The City Council entered into a performance based contract with Siemens Building
Technologies Thursday that should result in annual energy-related savings for the city
between $750,000-$850,000 over a 15-year period. However, if the savings don't
materialize, Siemens has contractually agreed to make up any shortfalls, so the city is
off the hook for repaying the cost of the improvements, according to company
representative Chad Nobles of Houston.
The city, in fact, is forecast to net at least $360,000 by the end of those 15 years.
"And that's a worse-case scenario," Nobles said.
The contract is a result of a full energy audit approved by the City Council in November
and conducted by Siemens. The purpose of the audit was to help find ways to reduce
facility operating costs and help reach the state-mandated requirement that municipalities
and counties achieve a 25-percent reduction in overall energy usage.
Siemens implement the improvements over the next 12 months. While more than $2.5 million
will be spent on water and wastewater plant upgrades, approximately $3.8 million will go
to the installation of water meters equipped with radio transmitters. That bit of
technology will allow a single city employee, driving in a truck with the appropriate
equipment, to read all the meters within the city in less than two days, Nobles said.
"Right now it takes five employees about a month to accomplish the same thing," he said.
Nobles said a reduction in the public works staff could be achieved through attrition.
1
Mayor Pro-Team Duke Coon hailed the project, saying it would save the city a "tremendous
amount of money." He did not foresee a problem with installing or operating the high-tech
water meters.
"They (Siemens) have had a great deal of success with a number of cities in North Texas,"
Coon said. Councilman Pat George said the performance-based contract with Siemens was a
"win-win" situation that allowed Conroe to upgrade its facilities and "recoup our money
from it."
Other improvements Siemens will implement include a retrofit of interior lighting in all
buildings' and replacement and upgrades to heating and air conditioning in the Conroe
Tower, Recreation Center and the Firearms Training Center. The company also will retrofit
all of the downtown street lighting from 400 watts to 200 watts. The light level would
still be three times what is required, Nobles.
Siemens will conduct a yearly audit to confirm the fiscal savings to the city, he said.
Contract: The council approved a contract for election services with the Montgomery County
Elections office for the city's May 13 general election.
Bids: The council approved a $197,983 contract with Diamond Commercial Construction, Inc.,
for the construction of a records storage building. Diamond will construct a 3,000 square-
foot metal building.
The council also approved a $54,000 contract with North Water District Laboratory Services
to provide testing for the city's Industrial Pretreatment Program and other water quality
assessments required by the Environmental Protection Agency and the Texas Commission on
Environmental Quality.
2
Scott, Crystal
From:
Sent:
To:
Subject:
Scott, Crystal
Monday, March 20,20069:38 AM
Feazelle, Debra; Joerns, John; Alexander, Cynthia; Kelley, Susan
FW: Bedford: energy work may bring extra $191,000 price tag
Crystal N. Scott
Assistant to the City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
(281) 470-5014 (office)
(281) 842-1259 (fax)
-----Original Message-----
From: Lewis F. McLain, Jr. [mailto:news@citybase.net]
Sent: Sunday, March 19, 2006 11:04 AM
To: Scott, Crystal
Subject: Bedford: energy work may bring extra $191,000 price tag
on Sun, Mar. 19, 2006
Energy work may bring extra $191,000 price tag
Fort Worth Star Telegraph
By JESSICA DELE6N
Star-Telegram Staff WriterThe city may need to amend its budget by $191,000 for additions
to an energy-conservation program that includes the replacement of 42 air conditioning
units.
At Tuesday's meeting, the City Council heard a report that updated the city's contract
with Siemens Building Technologies, which is performing energy conservation and
improvement measures. By February, Siemens had completed all tasks -- such as retrofitting
lights at city facilities -- except heating, ventilation and air conditioning.
Under the proposal, the city could replace 42 of its 110 HVAC units that are failing or
are past their useful life. But Councilman Charles Orean said he was not convinced it was
necessary, saying that some units had not completed their 10-year lifespan and should not
be replaced yet.
The council could vote on amending the budget at a future meeting.
Filing raises questions
Also at the meeting, resident Charles Doverspike questioned why City Councilman Jim
Griffin has not turned in his resignation after filing to run for mayor in the May
election.
But city attorney Stan Lowry said that Griffin's filing for mayor serves as his
resignation and that Griffin can still vote as a councilman. He said the practice is
common among elected officials.
"The key is they are still in that seat until someone else is duly elected and sworn into
that position," Lowry said in an interview Thursday.
In other action, the council awarded the McDonalds at Harwood and Texas 121 the Bedford
Beautification Commission's Overall Appearance certificate of recognition.
1
City of DeSoto
211 E. Pleasant Run Road
DeSoto, TX 75115
Needs:
Aging infrastructure and the resulting
equipment maintenance costs provided
opportunities to implement measures for
energy and conservation, based both on
HV AC efficiency improvements as well as
demand reduction. Also included in the scope was a renegotiation of contract electric rates.
Siemens provided turnkey engineering and construction (design-build), and performance
assurance services as well as operations support.
Conservation opportunities Implemented:
· Thermal Energy Storage
· Lighting Upgrades
· Installation ofVFDs
The benefits included:
· Improved comfort
· Single source accountability
· Improved life cycle of central plant
· Turnkey design/construction, M&V
· Contracting method: Guaranteed Energy Savings
· Contract Amount: $2.08M
· Current Status: Completion Summer '04
· Guaranteed Annual Savings: $347,693
· Term: 10 Years
As a courtesy to our customers, we ask that you please contact the Siemens Representative for
this project prior to contacting the customer. Thank you.
Siemens' Project Representative:
Barry Whaley
(972) 550-8488
Lynda Humble
(972) 230-9612
Customer Contact:
2
3
4
5
6
RFQ
RFP
issued
Project
Scope
Defined
.
Detailed Study
Preliminary
Approval
Partner
Selected
Final
Approval
7
];!h:ain!i!1(
Youl
8
12 .4 Special Supplement
CUUIlT)' Environmental Reporter November 26, 2001
'Performance Contracting' - A Ready Solution
By CHUCK HALL
SIEMENS BUILDING TECHNOLOGIES
It not only can be done, it is being
done. And, most important, many are
predicting it will become the key to
sustainability for every county gov-
ernment in the United States.
The concept of Performance Con-
tracting, or "PC," has lain dormant
among most counties for decades pri-
marily because its methodology and
application were misunderstood. Per-
formance contracting provides public
entities with a means ofleveraging the
equity that is locked up in their assets
to make energy and other infrastruc-
ture improvements, all without tap-
ping cash or raising funds. In most
public infrastructure improvement
cases where there was no capital avail-
able, PC was the sole means of getting
the job done.
In other public and private sectors,
the PC has proven itself as the primary
delivery agent in freeing up hidden
capital to fund much needed efficiency
and service improvements for aging
county facilities. Here are a few se-
crets on how to steer your county into
a veritable gold mine of accessible,
risk-free funding for those sorely
needed improvements.
In these times of shrinking bud-
gets and mounting constituent scru-
tiny, county officials have a more
difficult task than ever in meeting the
challenges of sustain ability. Butthere
are a few 'pioneers' just beginning to
wake up to an old and often over-
looked solution to infrastructure im-
provement that breaks the vicious
cycle of budget constraints. These
visionaries are benefiting their re-
spective county constituents immea-
surably by discovering innovative
ways to finance projects without af-
fecting existing budgets.
Anyone who is concerned about
their county's quality of services to
constituents is well aware of the chal-
lenges in preserving and maintaining
their buildings. Courthouses, recre-
ational, law enforcement and other
public service facilities have relent-
less needs to be kept in top physical
and aesthetic condition. Unfortu-
nately, in most cases, it is a frustrating
and often neglected discipline that
adds to the nation's mounting statis-
tics of deferred maintenance.
Equally important, everyone in-
volved with county government un-
derstands that aging infrastructures
- facility HV AC and lighting sys-
tems, street lighting and water and
sewage systems, etc.- all pose sig-
nificant opportunities for conserva-
tion and savings, ifthe capital is avail-
able to fund the improvements.
So why isn't every county in
America working on a PC? The rea-
sons are due largely to a basic misun-
derstanding of how PC is structured
and applied.
PC structure
Not designed as a "quick-fix"
scheme, PC was originally created as
a solution exclusively for energy effi-
ciency initiatives for those public enti-
ties that found it difficult or impossible
to fund such projects otherwise.
However, since its origin, the PC
has evolved and been reshaped to in-
clude energy and operational efficien-
cies that reduce the costs associated
with operating a public entity. This is
a critical distinction of which some
county officials are still not aware.
The first PC was authorized by the
Ohio State Legislature in the 1980s
when the state created its landmark
House Bill 264. Since then, virtually
every state has followed suit to enable
public entities such as counties, K -12
schools and other state agencies to
negotiate a resolution for their own
issues of asset waste. Most recently,
this issue has become known as
"sustainability,"which by today' s stan-
dards translates into continuous infra-
structure renewal.
Redefining the PC
Essentially, performance con-
tracting has emerged as a key deliv-
ery agent for sustainability. By its
latest definition, PC is a contract that
guarantees performance for not only
public entities, but also for industry,
healthcare and higher education as
well. The PC provides operational
equipmentupgrades and replacements
by an energy services company with-
out upfront cash expenditures. The
PC is self-funding, in that the im-
proved efficiencies and resulting sav-
ings pay for the project throughout
the contract's term.
Therefore, under a PC, a county
would simply redirect funds from sav-
ings to meet proj ect payments as they
come due. The service provider handles
the financing and assumes all of the
risk; if the guaranteed savings fall short,
the provider makes up the difference.
As a simple way of redefining the
PC in terms that relate to sustainability,
I use the acronym PRP, which stands
for procurement (of services), resto-
ration (of facilities and infrastruc-
ture) and partnering (with a reliable
service provider).
As a means of procurement, the
PC is a methodology of financing a
capital improvement project out of a
county's operating budget. The pro-
curement aspect, in its simplest terms,
means that the PC must fmd ways to
reduce energy and operational waste,
recommend ways to effect the sav-
ings, then finance or "procure" the
funds necessary to pay for the im-
provement measures using the future
savings as collateral.
This aspect is accomplished
through the Request for Qualifications
(RFQ) or the Request for Proposal
(RFP) process. The procurement as-
pect frees the county from the finan-
cial risk and from the burden ofhaving
to go to the taxpayers for more money.
The three most important aspects
of a performance contract are: pro-
curement, restoration and partnering.
As a means of restoration, PC is a
county's mechanism for exciting, new
facility and technology infrastructure
modernization and upgrades. Cer-
tainly, energy-related projects are in-
cluded, such as building automation
and control for "smart buildings,"
energy conservation and energy cost
reduction. But it can and often does
include other operational cost reduc-
tion, structural and productivity im-
provements, fire alarm/life safety and
security systems, utility cost manage-
ment and water management, and
even construction of new power
plants. The extent to which your
county chooses to use a PC can be
governed by both need and imagina-
tion. (See sidebar: "The Many Facets
ofToday's Pc.")
As a means of partnering, PC
establishes a relationship with a reli-
able and competent service provider
that is based on mutual accountabil-
ity. The relationship provides the
county with single-source responsi-
bilities for the procurement, restora-
tion and completion of the project,
which can be of significant value to
the county participants.
When formed properly, the rela-
tionship allows the county officials to
focus on what they do best: pay atten-
tion to the constituents while the sup-
plier tends to the myriad details. For
therelationshiptoworkitsmagic, both
parties must commit to defining the
county's business obj ectives and must
remain fixed on achieving them.
Cure for the 'vicious c~c1e'
The concept of PC may sound too
good to be true, which may be another
reason why it hasn't caught fire among
county officials in the past Those same
officials were caught up in the vicious
cycle of county government wherein
revenues diminished while costs con-
tinued to escalate. In addition, routine
maintenance and other facility-care
disciplines were being deferred at
alarming rates in an effort to make up
for the shortfall in operating budgets.
Statistics show local governments
in the United States spent more than
$11 billion last year on energy to run
their office buildings, public spaces
and street lighting. Nearly 30 percent,
or $3.4 billion, is wasted unnecessar-
ilyin the operationofinefficientequip-
men!. In most cases, energy expenses
in public buildings are second only to
salaries. Bysimplyimplementing stra-
tegic energy conservation measures
and maintenance programs, and by
tracking energy consumption, coun-
ties can significantly reduce opera-
tional costs and utility bills.
There is yet another threat loom-
ing for county officials that affects
operating budgets significantly and
where a PC can serve as a valuable
tool: electric utility deregulation.
As a relatively large utilities
consumer, a county government in-
curs large bills for operating bud-
gets and fleets. Therefore, the pro-
curement of energy itself can be a
major cost-saving component of a
PC when left to competent, unbi-
ased experts.
Energy procurement, more than
any other discipline, needs to be care-
fully and continually managed for each
type of utility resource, whether it's
electricity, natural gas, fuel oil or steam.
Certainly, one of the riskiest and
most terrifying aspects of the emerg-
ing, deregulated energy markets in-
volves what the average county offi-
cial doesn't know. There is a bur-
geoning, new industry ofknowledge
that demands constant attention to
details. The county officials with
whom I have come into contact have
neither the time nor the knowledge to
compete effectively in this arena. For
them, a worthwhile PC would achieve
utility cost savings that are higher
than the market returns for similar
organizations that have no utility re-
source management, or URM func-
tion, in place.
In essence, a URM component
of the PC provides the critical sup-
ply-side competency that compli-
ments the PC's demand-side initia-
t4les. It's a one-two punch that gives
the county considerable clout in the
new, competitive energy procure-
ment marketplace.
Conclusion
PC can be the key to sustainability
for every county in the United States.
The benefits are many. It can allow
much-needed capital improvements
to be made within the existing bud-
gets while freeing uptime and money,
which can be better spent on con-
stituents. Performance of the PC is
guaranteed, which ensures account-
ability of the results. Your budgets
are controlled via reduced expendi-
tures. Y our county will be better able
to accommodate facility changes
with less time spent trying to find
funding sources. Best of all, your
county taxpayers won't be bothered
by new taxes and can enjoy higher
levels of comfort, safety and aesthet-
ics right along with energy and re-
source conservation.
(Charles "Chuck" Hall is a se-
nior manager for Performance Con-
tracting in North America for Si-
emens Building Technologies. The
company is headquartered in Buf-
falo Grove. Ill.. a Chicago suburb.
He may be reached for questions at
(847) 941-5772.)
I
The Many Facets of To day's PC
I
Today's performance contract for connty government can
cover considerable gronnd in terms of improvements for yonr
connty's facilities. The extent to which your county chooses to use
a PC can be governed by both need and imagination. Here are a
number of examples of services and improvements that could be
included in your county's performance contract:
. administrative services
. capital improvements
. compliance aud regulatory
requirements
. computers and computer
networks
. electrical systems
. energy consulting and
URVI services
. energy control and
management systems
. energy recovery systems
. fire alarmlIife safety systems
. HV AC equipment
. insulation
. inventory control and
reduction
. lighting equipment and retrofits
. mechanical contracts and
services
. repairs and maintenance
. security systems
. service agreements
. voice, data and video
communications systems
. waste disposal and
management
. water conservation and
treatment, and
. windows and doors.
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ORDINANCE NO. 2006-JkJ3. A
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDED
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY
MANAGER OF THE CITY OF LA PORTE, MAlCING 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 an
amended Employment Agreement with Debra Brooks Feazelle as City
Manager of the City of La Porte, in substantially the form as shown
in the document which is attached hereto and incorporated herein by
this reference.
The Mayor is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this ____ day of
ATTEST:
Martha A. Gillett
city Secretary
APPROVED:
L1fI-r Ilat~
Cr. Ask1.ns
City Attorney
By:
CITY OF LA PORTE
, 2006.
Alton E. Porter, Mayor
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EMPLOYMENT AGREEMENT
This Agreement, made and entered into , 2006, by and between the City
of La Porte, State of Texas, a municipal corporation, hereinafter called "Employer" as
party of the first part, and Debra Brooks Feazelle, hereinafter called "Employee" as
party of the second part, both of whom understand as follows:
WITNESSETH:
Whereas, Employer desires to employ the services of said Debra Brooks Feazelle as
provided by La Porte City Charter; and'
WHEREAS, it is the desire of the Governing Board, hereinafter called "Council", to
provide certain benefits, establish certain conditions of employment, and to set working
conditions of said Employee; and
WHEREAS, it is the desire of council to: (1) secure and retain the services of Employee
and to provide inducement for her to remain in such employment; (2) to make possible
full work productivity by assuring Employee's moral and peace of mind with respect to
future security; (3) to act as a deterrent against malfeasance or dishonesty for personal
gain on the part of Employee; and (4) to provide a just means for terminating
Employee's services at such time as she may be unable to fully discharge her duties
due to age or disability or when Employer may otherwise desire to terminate her
employ; and
WHEREAS, Debra Brooks Feazelle desires to accept employment as City Manager of
said City.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Section 1. Duties
Employer hereby agrees to employ said Debra Brooks Feazelle as City Manager of said
Employer to perform the functions and duties specified in said La Porte City Charter and
to perform other legally permissible and proper duties and functions as the Council shall
from time to time assign.
Section 2. Term
A. Employee agrees to remain in the exclusive employ of Employer until ,
_, and neither to accept other employment nor to become employed by any
other employer until said termination date, unless said termination date is
affected as hereinafter provided. The term "employed" shall not be construed to
include occasional teaching, writing, consulting or military reserve service
performed on Employee's time off.
B. In the event written notice is not given by either party to this Agreement to the
other ninety (90) days prior to the termination date as herein proved, this
Agreement shall be extended on the same terms and on conditions as herein
provided, all for an additional period of one (1) year. Said Agreement shall
continue thereafter for one (1) year periods unless either party hereto gives
ninety (90) days' written notice to the other party that the party does not wish to
extend this Agreement for an additional one (1) year term.
Section 3. Termination and Severance Pay
A. Pursuant to the provisions of Section 3.01(b) of the Home Rule Charter of the
City of La Porte, the City Manager may be appointed and removed at the will and
pleasure of the City Council by a vote of the majority of the entire City Council. In
the event Employee is terminated by the Council before expiration of the
aforesaid term of employment and during such time that Employee is willing and
able to perform her duties under this Agreement, then and in that event Employer
agrees to pay Employment as severance pay and liquidated damages, eight (8)
weeks' salary and benefits, payable in installments over Employer's normal pay
periods. In the event Employee secures other employment during such eight (8)
week period, the amount of such salary payments shall be reduced by the
amount of salary payment received by Employee from such new employment. In
the event Employee is terminated by Council for cause, as defined in the current
edition of the City of La Porte Employee Policies Handbook, Employer shall have
no obligation to pay the severance pay and liquidated damages designated in
this paragraph. However, Employee shall be compensated for any accrued sick
leave, holiday, and other accrued benefits.
B. In the event Employer at any time during the term of this Agreement reduces the
salary or other financial benefits of Employee in a greater percentage than an
applicable across-the-board reduction for all employees of Employer, or the
Employee resigns following a suggestion whether formal or informal, by the
Council that she resign, then, in that event Employee may, at her option, be
deemed to be "terminated" at the date of such reduction or such refusal to
comply within the meaning and context of the herein severance pay provision.
C. In the event Employee voluntarily resigns her position with Employer before
expiration of the aforesaid term of his employment, then Employee shall give
Employer thirty (30) days notice in advance, unless the parties otherwise agree.
Section 4. Disability
If Employee is permanently disabled or is otherwise unable to perform her duties
because of sickness, accident, injury, mental incapacity or health for a period of four
successive weeks beyond any accrued sick leave, or for twenty (20) working days over
a thirty (30) working day period, Employer shall have the option to terminate this
Agreement subject to the severance pay requirements of Section 3, paragraph A.
However, Employee shall be compensated for any accrued sick leave, vacation,
holidays, and other accrued benefits.
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Section 5. Salary
Employer agrees to pay Employee for his services rendered pursuant hereto an annual
base salary of $ , payable in installments at the same time as other
employees of the Employer are paid. In addition, Employer agrees to increase said
base salary and/or other benefits of Employee in such amounts and to such extent as
the Council may determine that it is desirable to do so on the basis of an annual salary
review of said Employee made at the same time as similar consideration is given other
employees generally.
Section 6. Performance Evaluation
A. The Council shall review and evaluate the performance of the Employee at least
once annually. Said review and evaluation shall be in accordance with specific
criteria developed jointly by Employer and Employee. Said criteria may be added
to or deleted from as the Council may from time to time determine. Further, the
Mayor shall provide the Employee with a summary written statement of the
findings of the Council and provide an adequate opportunity for the Employee to
discuss her evaluation with the Council.
B. Annually, the Council and Employee shall define such goals and Performance
Objectives which they determine necessary for the proper operation of the City
and the attainment of the Council's policy objectives and shall further establish a
relative priority among those goals and objectives, said goals and objectives to
be reduced to writing. They shall generally be attainable within the time
limitations as specified and the annual operating and capital budgets and
appropriations provided.
C. In effecting the provisions of this Section, the Council and Employee mutually
agree to abide by the provisions of applicable law.
Section 7. Hours of Work
It is recognized that Employees must devote a great deal of time outside the normal
office hours to business of the Employer, and to that end Employee will be allowed to
take compensatory time off as appropriate.
Section 8. Automobile
Employer shall pay Employee an automobile allowance to the Employee in the amount
of $475.00 per month. The Employee shall be responsible for paying for liability,
property damage and comprehensive insurance on the automobile.
Section 9. Disability, Health and Life Insurance
A. Employer agrees to provide Employee, Employer-paid insurance, such as life,
health medical, hospitalization, and the like, and to pay the premiums thereon,
equal to that which is provided for all other employees of Employer.
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B. Employee agrees to submit once per calendar year to a complete executive
physical examination by a qualified physician selected by the Employer.
Employer shall receive a copy of all medical reports related to said examination.
C. Employer agrees to purchase and to pay the required premiums on term life
insurance policies equal in amount to two times the annual gross salary of
Employee, with the beneficiary named by Employee.
Section 10. Professional Development
A. Employer hereby agrees to budget for and to pay the travel and subsistence
expenses of Employee for professional and official travel, meetings and
occasions adequate to continue the professional development of Employee and
to adequately pursue necessary official and other functions for Employer,
including but not limited to the Annual Conference of the Texas City Management
Association, the Texas Municipal League and such other national, regional, state
and local governmental groups and committees thereof which Employee serves
as a member.
B. Employer agrees to budget and to pay for the professional dues and
subscriptions of Employee necessary for her continuation and full participation in
national, regional, state and local associations and organizations necessary and
desirable of her continued professional participation, growth and advancement,
and for the good of the Employer.
Section 11. General Expenses
Employer recognizes that certain expenses that are strictly job-affiliated are incurred by
Employee, and Employer hereby agrees to reimburse or to pay said expenses and the
Finance Director is hereby authorized to disburse such monies upon receipt of duly
executed expense or petty cash vouchers, receipts, statements or personal affidavits
upon approval of Mayor.
Section 12. Indemnification
Employer shall defend, save harmless and indemnify Employee against any tort,
professional, liability claim or demand or other legal action, whether groundless or
otherwise, arising out of an alleged act or omission occurring in the performance of
Employee's duties as City Manager.
Section 13. Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee
under any law or ordinance.
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Section 14. Other Terms and Conditions of Employment
A. The Council, in consultation with the Employee, shall affix any such other terms
and conditions of employment, as it may determine from time to time, relating to
the performance of Employee, provided such terms and conditions are not
inconsistent with or in conflict with the provisions of this Agreement, the City
Charter or any other law.
B. Subject to the express provisions of this Agreement, all provisions of the City
Charter and adopted regulations and rules of the Employer relating to vacation
and sick leave, retirement and pension system contributions, holidays and other
fringe benefits and working conditions as they now exist or hereafter may be
amended, also shall apply to Employee as they would to other employees of
Employer.
C. Employee shall be entitled to receive four (4) weeks' vacation and shall be
entitled to sick leave benefits as accorded department heads, including the
provisions, subject to Section 3, paragraph A, of this Agreement, governing
accrual and payment thereof on termination of employment.
D. Upon execution of this contract and approval of same by Council, Employee shall
be entitled to receive a one-time signing bonus in the amount of $
payable with the regular paycheck following its approval by Council.
E. Employer shall not at any time during the terms of this Agreement reduce the
salary, compensation or other financial benefits of Employee, except to the
degree of such a reduction across-the-board for all employees of the Employer.
F. The terms and provisions of the current edition of the City of La Porte Employee
Policies Handbook shall be fully applicable to the Agreement, except to the
extent of any conflict, in which case the terms and provisions of this Agreement
shall prevail. In the event of a conflict between the provisions of the Home Rule
Charter of the City of La Porte and this Agreement, the Charter provisions shall
prevail.
Section 15. General Provisions
A. The text herein shall constitute the entire Agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law
and the executors of Employee.
C. This Agreement shall become effective commencing March 10,2006.
D. If any provision or any portion thereof, contained in this Agreement is held
unconstitutional, invalid or unenforceable, the remainder of the Agreement, or
portion thereof, shall be deemed severable, shall not be affected and shall
remain in full force and effect.
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IN WITNESS WHEREOF, the City of La Porte has caused this Agreement to be signed
and executed in its behalf by its Mayor and duly attested by its City Secretary and the
Employee has signed and executed this Agreement, both in duplicate, the day and year
first above written.
City of La Porte, Texas
By: Alton E. Porter, Mayor
"EMPLOYER"
Debra Brooks Feazelle, City Manager
"EMPLOYEE"
ATTEST:
Martha A. Gillett, City Secretary
[Seal]
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
This Contract/Agreement was discussed and approved in an open and regular
scheduled City Council Meeting, , 2006.
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