HomeMy WebLinkAbout2008-10-27 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council
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MINUTES OF A REGULAR MEETING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
October 27, 2008
1.
Call to order
The meeting was called to order by Mayor Porter at 6:23 p.m.
Members of City Council Present: Mayor Porter, Mayor Pro-Tem Mike Clausen, Council
members Tommy Moser, Mike Mosteit, Louis Rigby, John Black, Georgia Malone, Howard
Ebow and Chuck Engelken.
Members of Council absent: None
Members of City Executive Staff and City Emplovees Present: City Manager Ron
Bottoms, Assistant City Attorney Clark Askins, City Secretary Martha Gillett, Police Chief
Kenith Adcox, Assistant City Manager John Joerns, Finance Director Michael Dolby,
Director of Public Works Steve Gillett, Emergency Management Coordinator Jeff Suggs,
Director of Parks & Recreation Stephen Barr, Controller Phyllis Rinehart, Judge Mitrano,
Main Street Coordinator Debra Dye, Parks Department Employee Ann Hayes, Senior
Services Superintendent Karen Beerman, Director of Planning Tim Tietjens, Fire Chief
Mike Boaze, and a number of other employees.
Others present: Adam Yanelli of the Bayshore Sun, Phillip Hoot, Robbie Nelson, Vicky
Becknar, Ted Powell, Patricia Clark, Horace Leopard, David Janda, Ed Matuszak, and
Karen Wilhelm
2. Karen Wilhelm of the Light of Christ led the invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. Presentations/ Proclamations
A. Stephen Barr and Mayor Porter thanked City Council and La Porte Administration
for taking care of employees before, during, and after Hurricane "IKE". Mayor
recognized Parks employees present supporting Council and Administration on
their efforts during and after Hurricane "IKE".
B. Mayor Pro Tem Clausen presented the 2007 Certificate of Achievement for
Financial Reporting to the Finance Department.
5. Consent Agenda
A. Council to consider approving minutes of the Regular Meeting of the La Porte City
Council held on October 13, 2008 - M. Gillett
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Minutes of Regular Meeting and Workshop Meeting held on October 27,2008
Page 2
r-
B.
Council to consider approval or other action regarding an ordinance amending
school zone times for the Baker 6th Grade, La Porte Jr. High and Lomax Jr. High
(Ord. 3119) - S. Gillett
C. Council to consider approval or other action authorizing the City Manager to
execute an agreement with Brazos Technology Corporation for the purchase of
products and services - D. Mitrano/K. Adcox
D. Council to consider approval or other action adopting an ordinance repealing
Emergency Declaration of September 11,2008 - (Ord. 3120) - Mayor Porter
Motion was made by Councilmember Enqelken to approve the consent aqenda as
presented. Councilmember Moser seconded the motion. Motion carried
Ayes: Mosteit, Moser, Rigby, Black, Clausen, Malone, Ebow, Engelken, and Porter
Nays: None
Abstain: Malone and Ebowon Item A
Absent: None
6.
Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council - (Limited to five minutes)
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Pastor Lamb of Northside Baptist Church in Corsicana spoke on shelter, housing and
medical assistance provided to City of La Porte citizens due to Hurricane "IKE". He noted
the process worked well and they were very glad to have our citizens at their shelter.
Vicky Beckner - 1 0111 N. L, La Porte, Texas - Ms. Beckner informed the Council there
was still a problem with Coyotes in her residential area. She requested Council assist her
in seeking state or federal assistance with this problem.
7. Mayor Porter closed Regular Meeting and opened Workshop Meeting at 6:48 p.m.
A. Planning Director Tim Tietjens reviewed proposed amendments to Chapter 78 of
the Code of Ordinances and Appendix A - "Fees" regarding permissible fees and
charges for non-consent towing and asked City Council for guidance.
Council directed staff to move forward and bring back to a future meeting. Mayor
Porter requested staff to find out how long a vehicle can remain in the storage
yard.
B.
Parks and Recreation Director Stephen Barr provided a report on Park and Facility
naming Policy for the City of La Porte and asked City Council to provide staff with
direction.
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Council directed staff to do additional research and bring this item back to a future
Council Meeting. Staff was requested to determine if any bid requirements were
Minutes of Regular Meeting and Workshop Meeting held on October 27, 2008
Page 3
required if the donations were accepted from individuals wanting to use their
name.
C. Chief of Police Kenith Adcox provided a report on the status of illegal gaming (8-
liner) operations in the City of La Porte.
This item was pulled and will be brought back to a future meeting.
8. Mayor Porter closed Workshop Meeting and reconvened to Regular Meeting at 7:12 p.m.
9. Council member Engelken provided a report from the Fiscal Affairs Committee.
10. City Manager Ron Bottoms provided Administrative Report for the following:
October 8,2008 Texas Attorney General's Opinion regarding Open Meetings Law
Clark Askins provided the Council with a summary of the Attorney General's opinion and
recommendations on how Council agendas are to be prepared with regards to public
comments, administrative reports and Council comments.
Texas Municipal League Conference - October 28-31,2008 - San Antonio, TX
Annual Steak Cookout - October 30,2008 - DuPont Employees Recreation Building - 6:30
p.m.
Daylight Savings Time Ends - November 2, 2008
La Porte Community Health & Safety Fair - November 8, 2008 - La Porte Junior High -
9:00 a.m. - 1 :00 p.m.
City Council Meeting - November 10, 2008
Veterans' Day Ceremony - November 11, 2008 - Bulldog Stadium - 9:30 a.m.
National League of Cities Conference - November 11-15, 2008 - Orlando, Florida
11. Council Comments - Engelken, Mosteit, Clausen, Rigby, Moser, Black, Malone, Ebowand
Porter
A. Matters appearing on agenda.
B. Inquiry of staff requiring a statement of specific factual information for a recitation
of existing policy.
12.
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,
<-
Minutes of Regular Meeting and Workshop Meeting held on October 27, 2008
Page 4
personnel matters, deliberation regarding security devices, or excluding a witness during
examination of another witness in an investigation, deliberation regarding economic
development negotiations)
A. 551.072 (Deliberation regarding Real Property)
Meet with City Manager
and City Attorney to discuss
purchase, exchange, lease or
value of real property Block 1132
and 1149
B. 551.072 (Deliberation regarding Real property)
Meet with City Manager and City
Attorney to discuss purchase,
exchange, lease or value of real
property of the Port Theatre on
Main Street
C. 551.074 (Personnel Matter)
Evaluation of City Manager
Council retired into Executive Session at 7:35 p.m.
Council reconvened to Regular Meeting and Workshop Meeting at 9:29 p.m.
13. Considerations and possible action on items considered in Executive Session.
There was no action taken in Executive Session.
14. Consider approval or other action regarding the purchase of the Port Theatre.
15. There being no further business the Regular Meeting and Workshop Meeting closed at
9:31 p.m.
Respectfully submitted,
Yl7t14~
Martha Gillett, TRMC, CMC
City Secretary
Passed and approved on this 10th day of November 2008.
~~?~
Mayor Alton E. Porter
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Budl!et
Requested By:
T. Tietjens
Source of Funds:
Department:
PlanniD~
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Z<<minl! Sect. 106-799
Amount Requested:
Exhibits:
08/26/08 Staff Memo to P&Z
Budgeted Item: YES NO
Exhibits:
Ordinance
SUMMARY & RECOMMENDATION
At their 07/28/08 and 08/25/08 workshops City Council discussed the regulation prohibiting electric fences within
the city. Ordinance #894, passed in 1971, was later incorporated into Zoning Section 106-799 but the prohibition
continues.
At the close of the 08/25/08 workshop, Council identified their wish for a change that allows tested/approved
electric fence equipment (installed in accordance with manufacturer's instmctions) for single-family dwellings.
This proposal was to assist owners in the management of livestock: and dogs.
Since a change to the city's zoning regulations requires a review and recommendation by the city's Planning &
Zoning (P&Z) Commission, Council's recommendation was going to be forwarded to P&Z for a 09/16108 public
hearing; however, the situation with Hurricane Ike delayed the matter until 10/16/08.
The P&Z recommendation is as follows:
. Allow electric fences for single-family dwellings (to assist owners in the management of livestock and
dogs only)
. Prohibit electric fences in all other uses
. Owner/occupant shall be responsible for obtaining/paying for an electric fence permit (prior to the fence
installation)
. Owner/occupant shall install and maintain signage on the electric fence
. Owner/occupant shall be responsible for scheduling a city inspection to confirm the product is
tested/approved and installed in accordance with manufacturer's instructions
Staff supports the P&Z recommendation and recommends passage of the ordinance as proposed by them.
Ill? ~
n'te
ZONING
" can be fastened commencing at a point at least seven feet above the groun , and such fence
"\ shall not be erected Within the required landscap~~ portion of any y or the front.xard
" . setback of any commercial or industrial establishment.
's,ec. 106-798. Fencing and wall requirements for auto salvage
yards, junk dealers, etc.
(a) eneral requirement. Every automotive wrecking salvage yard/junk dealer/scrap
metal pro essor yard with the city shall be completely sounded and enclosed by a solid fence
. .
or wall whi is at least eight feet in height.
"
.
(1)
. Every fence or wall herein shall be
(b) Construe ' n, ,maintenance of fence or
constructed and m 'ntained as follows:
, masonry, corrugated sheet metal, chain link or
ereof; provid , however, that anyone side of an automotive
ard/scrap metal processing yard shall be bounded by
only one of the above materials.
(2)
(3) All fences or walls s extend do ward to within three inches of the ground and
shall test plum an square at all time
(4) All fences or wa shall be constructed in c
the building c ae of the city.
(c) Use of wall, or or building as part offence or wall. part of a fence or wall required
by subsection (a) fthis section may consist in whole or in part 0 solid wall and door, or walls
and doors of y completely enclosed building on the premises, if
constructio requirements set forth in this section.
(d) G es at openings in enclosure. Openings ~ the prescribed en. osure which are
neces ry to permit reasonable access to said automotive wrecking and sal e yards/junk
yar s/scrap metal processing yards shall be equipped with a so~id gate or gates, "onstructed
. .. . .' /~
d plaintained in accordance with the requirements for a~13nce or wall set10rt 'n this
section. Such gates shall be closed and securely locked at all times except '~uring no al
daytime business hours,
(Code 1970, ~ 123/4~14(c)-(f))
~
Sec. 106-799. Construction, maintenance of electric f~ncesvrohibited.
It shall be unlawful for any person owning or controlling any property in the city. to
construct, maintain or permit to remain on such property any fence charged with electricity,
It shall further be unlawful for any person to cause any fence situated in the city to become
charged with a current of electricity, to connect any such fence with a source of electricity or
to permit any fence under the control of such person to be connected with a source of electricity.
In any prosecution under this section testimony that any fence was under the control of the
Supp. No.4
CDI06:89
~ 106-799
LA PORTE CODE
defendant or situated on his premises and that any person received an electric shock by coming
in contact with such fence shall be prima facie evidence that such defendant caused such fence
to be charged with a current of electricity and caused and permitted such fence to be connected
with a source of electricity.
(Code 1970, ~ 8-3)
l'
Sec. 106-800. Landscaping.
/..-_.~,-
" /
(a) Landscaping is required in percentages specified in sections 106-393"; 106-443, and
6-522. Site plan and/or separate landscape plans shall be submitted ,j.ri' conjunction with
/
bui . g permit applications. Approval of landscape requirements is i}"condition of building
=~~,~r<lVaI. 'Ibtal area of requir,d landscaping shall b'/~~Uted by the fullowing
(1) Thta~velOPed site area shall be computed. ,;/
(2) Tot~ ar~ roofed over improvements shall be co,:p~ted and then deducted from the
developed Sl area. ,/
(3)
area.
ed landscaping shall be bas.ea"on the total remaining developed site
/
f/
,./
be !lsed for lanq.scaping purposes: However, right-of-way used
ute towareJ.,l a total requi~ed landscaping percentage for
/
parking and open-space areas. L scapi1}g on public property or easements is at owner's risk
and subject to the requirements of s ti6~ 106-794.
I
/
(c) Landscaping plans shall be devel ed using the following criteria:
/
. /
(1) Locatwn. /
"
/ "
a. Required landscaping shall be lac ed in the front and side yard.
b, LandsCaPinlY~'~ated in sight him],' 's' 'shall be maintained in a manner that
maintain~ area of clear visibility D ween three and six feet as measured
vertically from the adjacent prevailing gr e. " ,
(2) 'f!ypes ofPtzits and materials. Grass, ground cover, owering and nonflow~g plants,
shrubs d trees, wood, timber, stone, fountains, an onds may be uSE1d for required
lands ping. "
(b) Publ~c right-of-way !ll,1l "
for landscaping will not con
(3) Ma' tenance. Required landscaping must be maintained b e property owner and/or
i upant.
(d) landscaping/screening for shipping container facilities.
(If The property owner or tenant shall provide a natural will be
/ accomplished in one of three ways. .
,../ a. Leave in place existing trees, vegetation, underbrush, etc. to provide thorollgh,
continuous and effective opaque visual screening of the shipping ntainer
development.
,/'
/
.1/
Supp. No.4
CDI06:90
To:
From:
cc:
Date:
Re:
CITY OF LA PORTE PLANNING DEPARTMENT
604 W. Fainnont Parkway, La Porte, TX 77571
WW'H.laportetx.QOV
Phone: (281) 471-5020 I Fax (281) 471-5005
MEMORANDUM
Planning & Zoning Commission ~-C?Jr
Tim TIetjens, Director of Planni~ -
Mayor & Council
Ron Bottoms. City Manager
John Joems, Assistant City Manager
Debbie S. Wilmore, Chief Building Official
Masood Malik, City Planner
August 26, 2008
Electric Fences - Zoning Regulation Secl1 06-799
At the 07/28/08 workshop, City Council discussed Ordinance #894 prohibiting electric fences within the
city. Following that discl;Ission, staff was asked to research electric fences and schedule a 0812Sth
Council workshop.
During the D8/25th workshop, staff identified that Ordinance #894 prohibiting electric fences was
incorporated into the city's Zoning Chapter 106, Sect. 106-799. At the close of the workshop., Council
recommended Sect. 106-799 be amended as follows:
· Allow electric fenCes for single-family dwellings (to assist owners in the management of
livestock and dogs)
. Prohibit electric fences in all other uses
· Electric fence equipment ,shall be a tested/approved product tha~ is installed in
accordance with manufacture~s instructions
· No permit for the electric fence shall be required
In accordance with Amendment Procedures Sect. 106-171, Council's recommendation Is being
forwarded to the Planning and Zoning Commission (P&Z) for a September 18th public hearing. Following
the cbse ofthat meeting, P&Z shall forward its written findings offact and recommendations to Council
within 15 days of the close of their hearing. " '.
Council's public hearing on this matter woLiid o9Cur at th~jr October 13th meeting.
ORDINANCE NO. 1501- l (,
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE V.
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4. ~~FENCING AND
LANDSCAPING REQUIREMENTS", SECTION 106-799 "CONSTRUCTION,
MAINTENANCE OF ELECTRIC FENCES PROHIBITED", AMENDING APPENDIX-C
"FEES", AND AMENDING APPENDIX-B "FINES" OF THE LA PORTE CODE OF
ORDINANCES IN ACCORDANCE THEREWITH, BY ALLOWING ELECTRIC
FENCES ON THE PREMISES OF SINGLE-FAMILY DWELLINGS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A
SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 16th day of October, 2008, at 6:00 p.m. a Public Hearing
was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to
due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to
consider the question and the possible changes to the zoning ordinance. There is attached to this
Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all
purposes, a copy of Notice of Public Hearing.
"Section 2. TIle publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all
purposes.
"Section 3. On October 16, 2008, the Planning and Zoning Commission of the City of
La Porte met in regular session to consider amendments in the zoning ordinance, which were the
subject of such public hearing. The City Council of the City of La Porte is in receipt of the
written recommendations of the City of La Porte Planning and Zoning Commission, by letter
ORDINANCE NO. 1501- LC,
Page 2
. dated on the 20th day of October, 2008, a true copy of which letter is attached hereto as Exhibit
"C", incorporated by reference herein and made a part hereof for all purposes.
"Section 4.
Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
hearing on the proposed changes to the ordinance and the recommendation of the Planning and
Zoning Commission on the 10th day of November, 2008, at 6:00 p.m., and pursuant to due
notice, to consider the recommendation of the Planning and Zoning Commission regarding the
possible changes to the ordinance. There is attached to this Ordinance as Exhibit "D",
incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of
public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for
all purposes.
"Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission regarding the
amendment of Section 106-799, "construction, maintenance of electric fences prohibited",
amending Appendix-A "fees", and amending Appendix-B "fines" of the Code of Ordinances as
Exhibit "F", attached hereto and fully incorporated in this ordinance as if set forth herein
verbatinl.
"Section 7. The City Council of the City of La Porte hereby finds, determines, and
declares that all prerequisites of law have been satisfied and hereby determines and declares that
the amendments to the City of La Porte Zoning Ordinance as amendments thereto are desirable
ORDINANCE NO. 1501- /..-(,
Page 3
and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive
Plan.
"Section 8. The City Council official 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 9:
Should any section or part of this ordinance be held unconstitutional,
illegal, or invalid, or the application to any person or circumstance for any reasons thereof
ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of
such section or part shall in no way affect, impair or invalidate the remaining portions thereof;
but as to such remaining portion or portions, the same shall be and remain in full force and effect
and to tIus end the provisions of this ordinance are declared to be severable.
Section 10. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall
violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be
deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed
TWO THOUSAND DOLLARS ($2000.00).
Section 11. This Ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice of the passage of this ordinance by causing the
caption hereof to be published in the official newspaper of the City of La Porte at least twice
ORDINANCE NO. 1501- L(P
Page 4
within ten (10) days after the passage of this ordinance, in accordance with the provisions of
Chapter 52, Texas Local Government Code, and the City of La Porte Charter.
CITY ~ ~ORTE N. ~
By: ~.. ~
ALTON PORTER, Mayor
:~11uI
MARTHA GILLETT, City Secretary
APPRO~ ~. ^
By: ~~ //~
CL RK ASKINS, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions ofthe Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 16th
day of October, 2008, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to receive public input on a proposed amendment to
Section 106-799 of Chapter 106 of the La Porte Code of Ordinances, to allow the use of electric
fencing in residential areas.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining to
the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A QUORUM OF CITY COUNCIL MEMBERS MA Y BE PRESENT AND PARTlCIPA TE IN DISCUSSIONS DURING THIS MEETING;
HOWEVER, NO ACTION WILL BE TAKEN B Y COUNCIL.
THiS FACILITY HAS DiSABiLITY ACCOMMODATIONS AVAiLABLE. REQUESTS FOR ACCOMMODATIONS FOR
iNTERPREI1VE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETiNG. PLEASE CONTACT
THE CITY SECRETARY'S OFFiCE AT 281-471-5020 OR TDD LINE 281 -471-5030 FOR FURTHER INFORMATION.
EXHIBIT A
820 S. 8th Street
.J.a Porte, Texas nS71
,..".1
n.i'
;pll:
)W'
281-471-1234
Fax 281-471-5763
RE: PUBLIC NOTICE
CITY OF LA PORTE
PROPOSED AMENDMENT
TO SEC 106-799, CHAP 106
ELECTRICAL FENCING
efore me, the undersigned authority, on this date came and
ppeared Adam Yanelli, a duly authorized representative of The
ayshore Sun, a semi-weekly newspaper published and generally
istributed in the City of La Porte, Harris County, Texas and who
fter being duly sworn, swears the attached notice was published in
he Bayshor Su a 9/28/08
Sworn and subscribed before me this
September ,2008.
30th
day of
~Au~
Notary Public
Harris County, Texas
My Commission Exprires 03-13-2012
EXHfBIT B
City of La Porte
Established 1892
October 20, 2008
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Zoning Ordinance Amendment - Electric Fences
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on October 16,
2008, held a public hearing to consider an amendment to the Zoning Ordinance (Chapter
106 of the Code of Ordinances), by amending Sections 106-799; related to the electric
fencing for single-family dwellings.
The Planning and Zoning Commission, by unanimous vote, recommends that City
Council consider approval of an amendment related to the electric fencing for single-
family dwellings.
Respectfully Submitted,
~ ~S'--
Hal Lawler
Chairman, Planning and Zoning Commission
c: Ron Bottoms, City Manager
John Joerns, Assistant City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
rf'\
EXH\B\1 ~
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions ofthe Texas Local Government Code, notice is hereby given that the
La Porte City Council conduct a public hearing at 6:00 P.M. on the 10th day of November, 2008, in
the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of
this hearing is to consider an amendment to Section 106-799 of Chapter 106 of the La Porte Code of
Ordinances, to allow the use of electric fencing for single-family dwellings.
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing will be required
to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A QUORUM OF CITY COUNCIL MEMBERS MA Y BE PRESENT AND PARTlCIPA TE IN DISCUSSIONS DURING THIS MEETING;
HOWEVER, NO ACTION WILL BE TAKEN BY COUNCIL.
THIS FACILiTY HAS DISABILiTY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS FOR
INTERPRETIVE SERVICES AT ME"'E71NGS SHOULD BE MADE 48 HOUR,) PRIOR TO THE MEETING. PLEASE CONTACT
THE ClTY SECRETARY'S OFFlCE AT 281 -471 -5020 OR TDD LlNE 281 -47 1-5030 FOR FURTHER INFORMA110N.
txHJBIT D
820 S. 8th Street
Porte, Texas 77571
281-471-1234
Fax 281-471-5763
,~
'/Pi.~Th B
,~j e
'1
re Sun
a
~:ICity of La Porte
'founty of Harris
, tate of Texas
RE: PUBLIC NOTICE
CITY OF LA PORTE
AMEND SEC 106-799
ELECTRIC FENCING
efore me) the undersigned authority, on this date came and
ppeared Adam Yanelli, a duly authorized representative of The
ayshore Sun, a semi-weekly newspaper published and generally
istributed in the City of La Porte, Harris County, Texas and who
fier being duly sworn, swears the attached notice was published in
,;i**~;jThe Baysh re S rj' ed 10/26/08
ncIl .... pro;; or ;
.~,,;i,
Sworn and subscribed before me this
October ,2008.
~Aujfm
Notary Public
Harris County, Texas
28th
day of
My Commission Exprires 03-13-2012
UflJi 1II1l1l1l11U1I11I1/ ///11/ /1 J' 11/11/" 111/ III I!!
I'f).'*f; DEBORAH SUE STOUT ~
;;~. '.' 11 NOTARY PUBLIC ::
i ~ STATE OF TEXAS =
Ii · Comm. Exp. 03-13-2012 E
m 111/11111111I11111I1111/11I/11I11111111/ /111/1/ / J n
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EXHfBIT 1~
A) That Chapter 106, "Zoning," Article V. "Supplementary District Regulations", Division 4.
"Fencing and Landscaping Requirements," Section 106-799 "Construction, Maintenance of
Electric Fences Prohibited," of the Code of Ordinances, La Porte, Texas, is hereby amended to
read as follows:
"Sec. 106-799. Construction, Maintenance of Electric Fences.
a) Except as provided herein, it shall be unlawful for any person owning or .controlling
any property in the city to construct, maintain, or permit to remain on such property any fence
charged with electricity, or to cause any fence to become charged with a current of electricity, to
connect any such fence with a source of electricity or to permit any fence under the control of
such person to be connected with a source of electricity.
b) The use of electric fences shall be allowed on the premises of any single family
dwelling, without regard to the zoning district classification of the property, only for the purpose
of erecting an enclosure to restrain the movement of dogs and/or livestock. All electric fence
equipment so utilized shall be a UL approved product and installed and maintained in accordance
with the manufacturer's instructions. The owner and/or controller of the premises shall be
responsible for I) obtaining a building permit prior to installation of the electric fence; 2)
installing and maintaining signage that identifies the fence as an "electric fence", and 3)
scheduling a city inspection to confirm the product is tested/approved and installed in accordance
with manufacturer's instructions.
c) Permit fees shall be in accordance with Appendix A of the Code of Ordinances.
d) In any prosecution under this section testimony that any fence was under the control of
the defendant or situated on his premises and that any person received an electric shock by
coming in contact with such fence shall be prima facie evidence that such defendant caused such
fence to be charged with a current of electricity and caused and permitted such fence to be
connected with a source of electricity."
B) That the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding
Chapter 106 "Zoning," Article V. "Supplementary District Regulations", Division 4. "Fencing
and Landscaping Requirements," Section 106-799 "Construction, Maintenance of Electric
Fences", to Appendix-A "Fees", which shall read as follows:
"Chapter 106. Zoning
Article V. Supplementary District Regulations
Division 4. Fencing and Landscaping Requirements
(a) Permit Fee for Electric Fence .........................
$50.00"
EXHIBIT
C) That the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding
Chapter 106 "Zoning," Article V. "Supplementary District Regulations", Division 4. "Fencing
and Landscaping Requirements," Section 106-799 "Construction, Maintenance of Electric
Fences", to Appendix-B "Fines", which shall read as follows:
"Chapter 106. Zoning
Article V. Supplementary District Regulations
Division 4. Fencing and Landscaping Requirements
(a) Fine for violation of S 1 06-799 .........................
$2000.00"
2
REQUEST FOR CITY COUNCIL AGENDA ITEM
Aooropriation
Agenda Date Requested: November 10
R.q."".d By, Tim T,.ti.n, ~
Department: Planning:
Source of Funds:
NA
Amount Budgeted:
NA
NA
Account Number:
Report: ~Resolution: _Ordinance:_X_
Amount Requested: NA
Attachments:
Ordinance w/exhibits A-F
P&Z Staff Report
Aerial Map
Site Plan
Public Notice Responses
Budg:et Item:
NA
SUMMARY
The Planning and Zoning Commission, during its October 16, 2008, regular meeting, held a public
hearing to receive citizen comments regarding Special Conditional Use Permit Request #08-008. Dean
Wyman, property owner, seeks approval of Special Conditional Use Permit (SCUP) for operating a two
rooms rental bed and breakfast facility at an existing building located at 2226 Sens Road near the City's
Fire Station No.3. Salient features are as follow:
Zoning - The property is currently zoned General Commercial (GC).
SCUP - Per Section 106-441, Table A, Commercial Uses, Code of Ordinances, a Special Conditional Use
Permit is required to establish a proposed use within a commercial zoning district.
Primary Use - Section 106-1 of the Code of Ordinances defines bed and breakfast as a building, the primary
use of which is a single-family residence, in which sleeping rooms are available for overnight rental.
Operations- Per Section I 06-744, Code of Ordinances, Bed & Breakfast shall be operated by the resident
homeowners (Aleathea and Dean Wyman)
Parking- Per Section 106-839, Code of Ordinances, parking is provided in the front yard along Sens Road.
Parking formula is 2 minimum plus I for each rental room. However, five(5) parking spaces are provided.
Sign- Per Section 106-744, Code of Ordinances, bed and breakfast shall be allowed one (l) sign, not
exceeding three sq.ft. in area and non-illuminated. This sign may be either mounted on the building or located
in a landscape portion of the yard.
Room Rates - suggested by the owner for double occupancy with Continental breakfast:
#l(bedroom sleeps 2 guests) - Weekdays $95.00, Friday thru Sunday 125.00/day
#2(master bedroom sleeps 4 guests) - Weekdays $115.00, Friday thru Sunday $1 45.00/day
Amenities - Luxury robes, hair dryers, cable tv, vcr, am/fm radio, alarm, luxury vintage linen and comforters
Staff has found the request satisfies all applicable ordinance requirements. The subject property is
surrounded by Large Lot residential, Fire Station, and commercial/industrial establishments along Sens Road.
The partial use of the building as a bed and breakfast facility should have minimal impact on the surrounding
properties. In addition, Bed and Breakfast facility shall be registered with the office ofthe Texas Comptroller
of Public Accounts and is subject to hotel/motel taxes to the City.
Public Notices were mailed to the eight (8) property owners in the area. Five responses (4 in favor, I
opposed but at the public hearing favored the request) were received. The Planning and Zoning Commissjon,
by unanimous vote, recommended City Council approval of Special Conditional Use Permit #SCU08-008
with the conditions as listed in the SCUP attached herewith.
Action Required bv Council:
1. Conduct a Public hearing.
Consider Planning and Zoning Commission recommendation to approve Special Conditional Use
Permit #SCU08-008 to allow two-room rental bed and breakfast facility at 2226 Sens Road.
Lll~ ~g
Date
ORDINANCE NO. 1501- M ~
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 #SCUOS-008 FOR THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: DESCRIBED AS 1-ACRE TRACT OUT OF
OUTLOT 241B, LA PORTE OUTLOTS, VOLUME 60, PAGE 11, H.C.D.R., ENOCH BRINSON SURVEY,
ABSTRACT NO.5, LA PORTE, HARRIS COUNTY, TEXAS, FOR CONVERSION OF TWO ROOMS AT
EXISTING BUILDING LOCATED AT 2226 SENS ROAD TO BED AND BREAKFAST RENTAL,
LOCATED WITHIN THE GENERAL COMMERCIAL (GC) ZONE; MAKING CERTAIN FINDINGS OF
FACT RELATED 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 of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 16th day of October, 2008, at 6:00 p.m. a Public Hearing
was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant
to due notice as required by the Open Meetings Law, Chapter 551 , Texas Government Code, to
consider the question and the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and
incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of
Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed
to all owners of all properties located within two hundred feet (200') of the properties under
consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "8", incorporated by reference herein and made a part hereof for all purposes.
"Section 3. On October 16,2008, the Planning and Zoning Commission of the City of
La Porte met in regular session to consider changes in classification, which were the subject of
such public hearing. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning and Zoning Commission, by letter dated on
the 20th day of October, 2008, a true copy of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes.
ORDINANCE NO. 1501- M ~
Page 2
"Section 4. Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
hearing on the proposed classification changes and the recommendation of the Planning and
Zoning Commission on the 10th day of November, 2008, at 6:00 p.m., and pursuant to due
notice, to consider the recommendation of the Planning and Zoning Commission regarding the
possible reclassification of the zoning classification of the hereinafter described parcels of land.
There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a
part hereof for all purposes, a copy of the notice of public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit OlE", and incorporated by reference herein and made a part hereof for all
purposes.
"Section 6. The conditions of the said Special Conditional Use Permit are as set forth
in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached
hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special
Conditional Use Permit is as follows, to-wit:
Approximately 1.0 acre tract out of Outlot 241 S, La Porte Outlots, Volume 60, Page 114,
H.C.D.R., Enoch Brinson Survey, Abstract No.5, La Porte, Harris County, Texas".
"Section 7.
The City Council of the City of La Porte hereby finds, determines, and
declares that all prerequisites of law have been satisfied and hereby determines and declares
that the amendments to the City of La Porte Zoning Map and Classification contained in this
Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives
stated in the City of La Porte's Comprehensive Plan.
"Section 8. 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
ORDINANCE NO. 1501- ~ ~
Page 3
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 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the / ~ day of ili2JL, 2008.
CITY~.LAPORTE ~
r'~ "1/.
By: ",-m~~l~
ALTON PORTER, Mayor
By: tt
MARTHA GILLET I City Secretary
APP~ ___ ~
By. ~ -;r: I
CLARK ASKINS, Assistant City Attorney ,
#SCUOS-QOS
THE ST ATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions ofthe Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 16th
day of October, 2008, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request
#SCU08-008, which has been requested for approx. I-acre TR 241B, La Porte Outlots, Volume 60,
Page 114, H.C.D.R., the Enoch Brinson Survey, Abstract No.5, City of La Porte, Harris County,
Texas. Dean Wyman, the property owner, is seeking approval of a permit for converting two rooms
of an existing structure for rent as a Bed and Breakfast facility at 2226 Sens Road. Per Code of
Ordinances, Bed and Breakfast is classified as a conditional use in General Commercial (GC)
zoning districts.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining to
the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in dL~cussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's qlfice at (281) 471-5020
or TDD Line (28/) 471-5030 for fllrther information.
EXHIB n~ A~
820 S. 8th Street
a Porte, Texas 77571
I
281-471-1234
Fax 281-471-5763
City of La Porte
County of Harris
State of Texas
RE: PUBLIC NOTICE
CITY OF LA PORTE
SCU08-008
Before me, the undersigned authority, on this date came and
appeared Adam Yanelli, a duly authorized representative of The
Bayshore Sun, a semi-weekly. newspaper published and generally
distributed in the City of La Porte, Harris County, Texas and who
after being duly sworn, swears the attached notice was published in
The Bayshore Sun dated 9/28/08
this 30th
day of
My Commission Exprires 03-13-2012
,EXHIBiT B
City of La Porte
Established 1892
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Special Conditional Use Permit #SCU08-008
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on October 16, 2008,
considered Special Conditional Use Permit Request #SCU08-008. Dean Wyman, property owner, seeks
approval of a two rooms rental bed and breakfast facility at an existing house located at 2226 Sens Road.
The Planning and Zoning Commission, by a unanimous vote, recommends that City Council
consider approval of Special Conditional Use Permit #08-008 with the following conditions in place:
1. This SCUP is specifically for the development of a bed & breakfast facility with two (2)
rental bedrooms.
2. Expansion of number of bedrooms for this facility shall be prohibited.
3. No person other than member ofthe family residing in the premises shall be engaged in such business.
4. . With the reconstruction/widening of Sens Road, two existing driveways shall be restricted to
only one driveway.
5. Screening and/or landscaping adjacent to residential area shall be required in accordance with
Section 106-444(a) of the Code of Ordinances.
6. Provide an irrigation system to ensure that all landscaping and screening is properly
maintained by the owner/developer.
7. Existing vegetation and trees shall remain in place along Sens Road and North 'H' Street.
8. All lighting in the parking lot shall be hooded and arranged to deflect light away from the nearby
residential properties in compliance with Section 106-521(a) of the Code of Ordinances.
9. Property line fence shall not be erected within the required landscaped portion of the front
yard setback per Section 106-797 ofthe Code of Ordinances.
10. All new signage shall require a separate permit from the City's Inspection Division.
11. This permit does not become valid until a Development Site Plan is reviewed and approved in
accordance with the requirements of the Development Ordinance.
12. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
Respectfully Submitted,
~~
Hal Lawler
Chairman, Planning and Zoning Commission
c:
Ron Bottoms, City Manager
John Joerns, Assistant City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
EXHIBIT C
#SCU08-OO8
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the lOtb day of November,
2008, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider Special Conditional Use Permit Request #SCU08-008, which
has been requested for approx. I-acre TR 241B, La Porte Outlots, Volume 60, Page 114, H.C.D.R.,
the Enoch Brinson Survey, Abstract No.5, City of La Porte, Harris County, Texas. Dean Wyman,
the property owner, is seeking approval of a permit for allowing two rooms of an existing building
for rent as a bed and breakfast facility at 2226 Sens Road. Per Code of Ordinances, Bed and
Breakfast is classified as a conditional use in General Commercial (GC) zoning districts.
A regular meeting of the City COlmcil will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing will be required
to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contacllhe City Secretmy's office at (281) 47/-5020
or TDD Line (281) 471-5030for further information.
EXH fB ITIJ
The B ·
281-471..1234
Fax 281-471-5763
820 S. 8th Street
La Porte, Texas 77571
re Sun
,~ City of La Porte
\ County of Harris
:1 State of Texas
RE: PUBLIC NOTICE
CITY OF LA PORTE
SPEC COND USE PERMIT
REQUEST #SCU08-008
undersigned authority, on this date came and
:,'" appeared Adam Yanelli, a duly authorized representative of The
,Y!i Bayshore Sun, a semi-weekly newspaper published and generally
ddistributed in the City of La Porte, Harris County, Texas and who
:,~~,;after being duly sworn, swears the attached notice was published in
f:W~~~)The Bayshore Sun te 10/26/08 .
a ',,!!Or:- i
Geneial."
i!Gb'(~I~~j
..,.,,;;;u,:;,.:......:.,.....~
,,"::>':,~:.:':-.~;,"-:
":kj'gi~~1
~':~~r.da
F/,:Sworn and subscribed before me this
October ,2008.
~Aard -
Notary Public
Harris County, Texas
28th
day of
My Commission Exprires 03-13-2012
f>>JJSrf tt:
City of La Porte
Special Conditional Use Permit # SCU 08-008
This permit is issued to:
Dean Wvman
Owner or Agent
621 E. St. Georoe Street. Gonzales. TX 78629-3545
Address
For Development of:
Bed and Breakfast (2-rooms rental)
Development Name
2226 Sens Road, La Porte, TX 77571
Address
Legal Description:
Approx. 1-acre tract out of Outlot 241. La Porte Outlots. Vol. 60.
Po. 114. H.C.D.R., Enoch Brinson Survev. Abstract 5, La Porte.
Harris Countv. Texas.
Zoning:
General Commercial (GC)
Use:
Bed and Breakfast
Permit Conditions:
1. This SCUP is specifically for the development of a bed & breakfast facility with two (2) rental
bedrooms.
2. Expansion of number of bedrooms for this faCility shall be prohibited.
3. No person other than member of the family residing in the premises shall be engaged in such
business.
4. With the reconstructionlwidening of Sens Road, two existing driveways shall be restricted to only
one driveway.
5. Screening and/or landscaping adjacent to residential area shall be required in accordance with
Section 106-444(a) of the Code of Ordinances.
6. Provide an irrigation system to ensure that all landscaping and screening is properly maintained
by the owner/developer.
7. Existing vegetation and trees shall remain in place along Sens Road and North 'H' Street.
8. All lighting in the parking lot shall be hooded and arranged to deflect light away from the nearby
residential properties in compliance with Section 106-521 (a) of the Code of Ordinances.
9. Property line fence shall not be erected within the required landscaped portion of the front yard
setback per Section 106-797 of the Code of Ordinances.
10. All new signage shall require a separate permit from the City's Inspection Division.
11. This permit does not become valid until a Development Site Plan is reviewed and approved in
accordance with the requirements of the Development Ordinance.
12. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La
Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Val' ion D: 10 D 1
r.,.v <U.., ,.1 B. 11 ......
EAIlJ f"
Staff Report
October 16, 2008
Request:
Requested Bv:
Requested For:
Present Zonin2":
Requested Use:
Back2"round:
Analvsis:
Wyman's Bed & Breakfast
Special Conditional Use Permit #08-008
Special Conditional Use Permit Request #SCU08-008
Dean F. Wyman, Property Owner
TR 241 B, a 1- acre (43,560 sq. ft.) tract out of Outlot 241, La Porte Outlots,
La Porte, Harris County, Texas. The property is located at 2226 SellS Road.
General Commercial (GC)
Applicant is seeking a Special Conditional Use Permit (SCUP) for the
purpose of developing a 2-rooms rental bed and breakfast facility at 2226
Sens Road. Per Section 106-441, Table A, Commercial Uses, Code of
Ordinances, a Special Conditional Use Permit is required for the proposed
development within a commercial zoning district.
Applicant is working towards developing or converting two rooms rental bed
and breakfast facility at the existing single-family dwelling (formerly a
trampoline business place) located at the intersection of North 'H' Street and
Sens Road. Harris County Appraisal District (HCAD) record shows this
house was built in 1907. The house is historic in nature and other building
features make it a unique structure. This is two story frame/concrete block
building with four bedrooms. There is an in ground gunite pool at the
property. The bed and breakfast facility, primarily a single-family
residence, where two sleeping rooms will be available for overnight rental
to the residents and visitors to the Bayshore/Galveston Bay area in the
southeast Harris County.
Zoning Ordinance Section 106-217 establishes the following review criteria
and conditions for approval of Special Conditional Use Permits:
. That the specific use will be compatible with and not injurious to
the use and enjoyment of the other property, nor significantly
diminish or impair property values within the immediate vicinity.
. That the conditions placed on such use, as specified in each
district, have been met by the applicant.
. That the applicant has agreed to meet any additional conditions
imposed, based on specific site constraints necessary to protect
the public interest and welfare of the community.
Bed & Breakfast
SCU08-008
Page 2 of3
Conclusion:
The subject property is in the vicinity of residential subdivision and
commercial/industrial developments along Sens Road. Sens Road, an arterial
with 60' right-of-way runs between Spencer Highway and State Highway
225. Harris County Public Infrastructure Department Engineering Division
has a plan for reconstruction and widening of Sens Road to 100' ROW from
Spencer Highway to North P Street. Land acquisition and construction
drawings by Harris County have been completed and project will proceed
soon. The transportation system should adequately accommodate through
traffic and continue to provide for free flow of people, goods and services.
There will be no new driveway added to this facility. The traffic flow within
and between neighborhoods and throughout the community should not be
affected by the proposed development. Existing roads are adequate to
support the said project.
Staff has reviewed existing facilities and services for each of the components
of the utility system for the proposed development. Existing water is
adequate for potable and fire protection needs. Sanitary sewer is available to
the property. As a developed property, storm drainage sheet flows to the
existing stoml sewer system along Sens Road.
If approved, the building and parking lot should comply with all applicable
ordinances of the City and State. As per Section 106-334 (h) (2) ofthe Code
of Ordinances, parking is restricted in the front and side yard. Existing
parking is located in the front yard as there is no appropriate location in the
rear yard. The bed and breakfast facility shall require four parking spaces,
which equals 2 minimum plus 1 for each rental room. The City's design
standard per Section 106-835 of the Code of Ordinances shall be applicable
for standard and accessible parking space size, and maneuvering aisle width
etc. The location of handicap parking space should be appropriate. Access
fTOm the parking lot to the building seems to be reasonable.
In addition, landscaping of the property shall be required in accordance with
Section 106-444(a) of the Code of Ordinances. Landscaping shall be
maintained by the owner. The building shall require a certificate of
occupancy, as regulated by Section 106-142 of the Code of Ordinances.
The partial use of the building as bed and breal,fast facility should have
minimal impact on the surrounding properties. Staff recommends approval
of Special Conditional Use Permit with the following conditions in place:
1. This SCUP is specifically for the development of a bed & breakfast
facility with two (2) rental bedrooms.
2. Expansion of number of bedrooms for this facility shall be prohibited.
3. No person other than member of the family residing in the premises shall
be engaged in such business.
Bed & Breakfast
SCU08-008
Page 3 on
4. With the reconstruction/widening of Sens Road, two existing driveways
shall be restricted to have only one driveway.
5. Screening and/or landscaping adjacent to residential area shall be
required in accordance with Section 106-444(a) of the Code of
Ordinances.
6. Provide an irrigation system to ensure that all landscaping and
screening is properly maintained by the owner/developer.
7. Existing vegetation and trees shall remain in place along Sens Road
and North 'H' Street.
8. All lighting in the parking lot shall be hooded and arranged to deflect
light away from the nearby residential properties in compliance with
Section 106-521(a) of the Code of Ordinances.
9. Property line fence shall not be erected within the required landscaped
portion of the front yard setback per Section 106-797 of the Code of
Ordinances.
10. All new signage shall require a separate permit from the City's
Inspection Division.
11. This pennit does not become valid until a Development Site Plan is
reviewed and approved in accordance with the requirements of the
Development Ordinance.
12. The Developer shall comply with all applicable laws and ordinances of
the City and the State of Texas.
Options available to the Commission:
· Recommend to Council approval of this SCUP with additional
conditions.
· Recommend to Council denial ofthis SCUP.
· Table the item for further consideration by the Commission.
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A Meeting of the La Porte
~~@\HI1l~~
m OCi 09 2008 ~
By - - ----::::
Scheduled for
October 16, 2008
(Date of Meeting)
to Consider
Special Conditional Use Pe:tmit#SCU08-008
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
W~
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I am OPPOSED to granting this request for the following reasons:
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(Date of Meetingl
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to Consider
Special Conditional Use Pennit#SCU08-008
(Type of Request)
I have received notice of the above referenced public hearing.
I a1I1 in FAVOR of granting this request for the following reasons:
L'~~/LTE" /-//95 lYe; .BCY /fH..P 'P;U:;1K.Fn~ /9-T THE: ;:Ju:;se~r
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I am OPPOSED to granting this request for the following reasons:
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A Meeting of the La Porte
Scheduled for
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Oel 1 0 ZQg~ W
October 16,2008
(Date of Meeting)
:?
to Consider
Special Conditional Use Permit#SCU08-008
(Type of Request)
-
I have received notice of the above refaenced public hearing.
I amID. FAVOR of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reasons:
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11
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested November 10, 2008
Mayor Porter
Appropriation
Requested By
Source of Funds:
Department:
~hYQr lUI.Q CiB' CQ11ll.cil
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits:
Letter From Raise Your Hand Texas
Amount Requested:
Budgeted Item: YES NO
Exhibits: Resolution
Exhibits: Form
SUMMARY & RECOMMENDATION
Pass resolution in support of Raise Your Hand Texas for improvement of public schools.
RESOLUTION NO. 2008-~
TO SUPPORT RAISE YOUR HAND TEXAS
WHEREAS: The education of young Texans is of vital importance to the economic future and the social
well-being of our communities and state.
WHEREAS: Texans agree that they want schools to be stronger and to be the best they can be.
WHEREAS: Raise Your Hand Texas is a bipartisan group of business and community leaders, parents
and tax payers dedicated to strengthening and improving Texas public schools.
WHEREAS: Raise Your Hand Texas focuses its efforts and resources in three areas:
· To celebrate the tremendous work Texas students, educators, and parents have done and
continue to do every day.
· To respond to unfair and unfounded criticism directed at our public schools.
· To support our schools by seeking additional state resources and making commonsense
suggestions that will help our schools provide a safe and effective learning environment
for all Texas children.
WHEREAS: The City of La Porte has an interest in developing, attracting, and retaining an available
educated work force to serve area businesses, as well as maintaining relationships with the
educational entities in the community.
RESOLVED: We, the City of La Porte, do hereby strongly support Raise Your Hand Texas, AND BE IT
FURTHER...
RESOLVED: That the City of La Porte shall add its voice to Raise Your Hand Texas by becoming a
member advocate, AND BE IT FURTHER...
RESOLVED: That the City of La Porte shall encourage its employees and citizens to become member
advocates of Raise Your Hand Texas.
NOW, THEREFORE, BE IT RESOLVED by the City of La Porte on this, the 10th day of November,
A.D. 2008.
!/~-r~
~~?~
raise your hand
-TEXAS-
STRONGER SCHOOLS. BRIGHTER FUTURES
816 Congress Ave., Suite 990 Austin, TX 78701
ADVISORY BOARD
Former Lieutenant Governor
Bill Ratliff, Chairman
Jim R. Adams
Peter Beck
Albert C. Black, Jr.
Jack S. Blanton
Guy Bodine, III
Mike Boone
The Honorable Roy Butler
Charles Butt
Alan Crain
Thomas M. Dunning
Charles W. Duncan, Jr.
Richard W. Evans, Jr.
T. C. Frost
Dr. Juliet V. Garcia
Kenneth M. Jastrow, II
Dr. Ray Keck
Gary Keep
Larry Kellner
Susan Kellner
Mollie Lasater
Jack Lowe, Jr.
Ambassador Lyndon Olson
Beth Plummer
Harry Reasoner
Phil Riller
AI Silva
Matthew Simmons
Josephine Smith
Ron Steinhart
Bob Sulentic
Bobby Tudor
Phoebe Tudor
Ed Whitacre, Jr.
John G. Wilkerson
Valleau Wilkie
Isabel Brown Wilson
Mayor Alton Porter
City of La Porte
604 W Fairmont Pkwy
La Porte, TX 77571-6215
CITY
October 13, 2008
()FF~("'E
Dear Mayor Alton Porter:
We are anxious to have you as part of our growing council of
Texas mayors!
As of September 1St, 2008 Raise Your Hand Texas has the support of
170 mayors from around Texas. In growing commitment to the
importance of public school improvement, six cities have passed
resolutions in support of RYHT.
RYHT would like your support, not financial, but in commitment to
the important task of public school improvement. Our website,
www.raiseyourhandtexas.org, contains information on our beliefs as
well as a recent newsletter where you can read about current
activities and the monthly highlight of a mayor who has joined the
cause.
We know this is a busy time of year, and what better way to start
the school year in your city than to commit to children and their
education?
Enclosed with this letter is a sample resolution and a sign up sheet.
Our office would be happy to send you an electronic version of the
resolution if you would prefer. We look forward to hearing from
you and adding your city to the growing support.
Most sincerely,
Qecv}-e, ~ < ~
~~~~~
~C~I
~r~t~~'
--rJ!~ r.isevourh.ndtex.s,or~
~~
Anne Foster
Executive Director/Programs
Raise Your Hand Texas
512.476.4178
afoster@ryht.org
lJ.,/Idt- ha1~{'f
5Jtool . 6'1ffifJ
Email:
512.476.4021
RYHT
816 Congress Avenue
Suite 990
Austin Texas 78701
afoster@ryht.org
Fax:
Ma il:
I would like to join the Raise Your Hand Texas
Mayor's Council, lending my name to the cause of
improving public schools. I allow Raise Your Hand
Texas to list my name in support of their literature
and website and to keep me updated on their
activities.
.2~ ~~tol2rcB
Signature Date
~}e(
Print Name
C",~ laro[+~
Print C"ty Name
Email
..-
12
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Al;lDroDriation
Requested By: Michael Dolb CPA Finance Director
Source of Funds:
Department: FINANCE
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Property Tax Code: Section 31.032
Exhibits:
Exhibit
Amount Requested:
Budgeted Item: YES
SUMMARY & RECOMMENDATION
Residents that were located in a disaster area and sustained damage were evaluated by the City' planning
department and were placed into two categories- Substantial Damage (50% and above) and Non
Substantial Damage (49% and below). According to Section 31.032 (of the property tax code),
installment payments are allowed for property taxes for those residential homesteads located in a disaster
area. These installment payments should only apply to those who do not pay their taxes through a
mortgage escrow account.
The tax office will send letters to those residents with a homestead exemption that sustained damage of at
least 25% and did not pay taxes through a home mortgage escrow account. The letter will inform them of
the installment agreement that allows them to pay quarterly with installments beginning no later than
January 1,2009, March 31, 2009, May 31, 2009 and ending July 31, 2009. Staff will evaluate each case
to determine that the damage sustained is at least 25% to qualify for this program.
Action Reauired bv Council:
ve taxing unit guidelines for installment payments for residential homesteads with a
urn of 25% damage.
d~J~
Date
10/311200810:06 AMlS:/fmance director/sickbuyback.doc
RESOLUTION NO. 2008-~
A RESOLUTION AUTHORIZING RESIDENTS WHO SUSTAINED AT LEAST 25%
DAMAGE FROM HURRICANE IICE TO RESIDENTIAL HOMESTEAD PROPERTY TO PAY
AD VALOREM TAXES ON SAID PROPERTY IN QUARTERLY INSTALLMENTS,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
approves the payment of ad valorem taxes in quarterly installments
by residents who sustained at least 25% damage from Hurricane Ike,
to their residential homestead property, as allowed by Texas Tax
Code ~31.032. This quarterly installment plan does not apply to
citizens who pay their ad valorem taxes through a mortgage escrow
account.
section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this resolution and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Resolution shall be effective from and after
its passage and approval and it is so ordered.
PASSED AND APPROVED this
J ~day of }JOt),
, 2008.
~Lr~
Alton E. Porter, Mayor
By:
ATTEST:
'ft/"/lL,., t/dI~
Martha A. Gillett
City Secretary
APP~
i r~
Clark T. Askins
Assistant city Attorney
2
~ 31.032. INSTALLMENT PAYMENTS OF TAXES ON PROPERTY IN
DISASTER AREA. (a) This section applies only to:
(1) real property that:
(A) is the residence homestead of the owner or
consists of property that is used for residential purposes and that
has fewer than five living units;
(B) is located in a disaster area; and
(C) has been damaged as a direct result of the
disaster; and
(2) taxes that are imposed on the property by a taxing
unit before the first anniversary of the disaster.
(b) If, before the delinquency date, a person pays at least
one-fourth of a taxing unit's taxes imposed on property that the
person owns, accompanied by notice to the taxing unit that the
person will pay the remaining taxes in installments, the person may
pay the remaining taxes without penalty or interest in three equal
installments. The first installment must be paid before April 1,
the second installment before June 1, and the third installment
before August 1.
(c) If the person fails to make a payment before the
applicable date provided by Subsection (b), the unpaid amount is
delinquent and incurs a penalty of 12 percent and interest as
provided by Section 33.01(c).
(d) A person may pay more than the amount due for each
installment and the amount in excess of the amount due shall be .
credited to the next installment. A person may not pay less than
the total amount due for each installment unless the collector
provides for the acceptance of partial payments under this section.
If the collector accepts a partial payment, penalties and interest
are incurred only by the amount of each installment that remains
unpaid on the applicable date provided by Subsection (b).
(e) If the delinquency date for taxes to which this section
applies is postponed to May 1 or a later date, the collector shall
extend each installment deadline provided by Subsection (b) by the
number of months that the delinquency date was postponed. The
collector may not extend the third installment deadline beyond
December 31.
(f) The comptroller shall adopt rules to implement this
section.
(g) In this section:
(1) "Disaster" has the meaning assigned by Section
418.004, Government Code.
(2) "Disaster area" has the meaning assigned by
Section 151.350.
Added by Acts 1995, 74th Leg., ch. 1041, ~ 1, eff. June 17, 1995.
13 .
~-
,.,.,....-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Novemb~
Requested By: Tim Tietiens ~
Department: Plannin!!
ADDrooriation
Source of Funds: Nt A
Account Number:
Report: X Resolution:
Ordinance:
X
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
SUMMARY & RECOMMENDATION
The Wrecker Committee was established by Section 78-221, Chapter 78 (Vehicles for Hire) of the Code
of Ordinances in the early 1990's. Composition of the Committee is the Chief of Police (or designated
representative), the City Secretary and the City Manager (or designated representative).
On September 2, 2008, the Committee met to discuss a request by Mr. Bobby Slocum, of La Porte
Towing and Mr. Tim DeWalt, of DeWalt Towing, for a possible rate increase for non-consellt towing
services.
Upon review, the Committee detennined that in comparison with several other wrecker associations, rates
charged by La Porte were significantly lower. The Committee recommended the following rate increases
for non-consent towing services:
.
Increase the maximum charge for non-consent tows to $145, omitting additional charges for labor
not included in a nonnal tow.
Increase daily vehicle storage fee to $20 for vehicles less than 25 feet in length and $35 for
vehicles 25 feet or more in length.
Allow an additional $3.50 per mile charge for out-of-town tow.
.
.
During the October 27,2008, City Council Workshop, questions were raised regarding the defInition of
consent towing and storage duration. To the extent allowable by law, the proposed ordinance does
address these issues.
These changes, as shown in the attached draft ordinance amendment, would replace in its entirety; Code
of Ordinances Chapter 78, Article III, Division 4, Section 78-329 and Appendix - A Fees, Chapter 78,
Article m, Division 4.
onsid an amendment to Chapter 78, Section 329 of the Code of Ordinances and Appendix - A "Fees"
regardi g permissible fees and charges for non-consent towing.
(/ /~ k
nate I
ORDINANCE NO. 2008- .tl~ ~
AN ORDINANCE AMENDING CHAPTER 78 "VEIDCLES FOR HIRE" OF THE CODE
OF ORDINANCES OF THE CITY OF LA 'PORTE, BY AMENDING ARTICLE IiI
"AUTOMOBILE WRECKER AND TOWING VEIDCLES", DIVISION 4
"REGULATIONS", SECTION 78-329 "PERMISSIBLE FEES AND CHARGES FOR
NON-CONSENT TOWING" AND AMENDING CHAPTER 78 "VEHICLES FOR HIRE"
OF APPENDIX-A "FEES" OF THE CODE OF ORDINANCES, TO INCREASE
ALLOWABLE. CHARGES FOR NON-CONSENT TOWING, INCREASE STORAGE
FEES, AND TO ALLOW ADDITIONAL PER MILE CHARGE FOR OUT OF TOWN
TOWS; PROVIDING FINDINGS OF FACT AND OTHER MATTERS RELATED
THERETO; PROVIDIN(; AFFIRMATIVE DEFENSES; PROVIDING FOR A
PENALTY; PROVIDING A SEVERABLITY CLAUSE; CONTAINING AN OPEN
MEETINGS CLAUSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF;
Section 1.
That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended by
amending Article III "Automobile Wrecker and Towing Vehicles", Division 4 "Regulations",
Section 78-329, "Permissible fees and charges for Non-Consent Towing" in its entirety, to read
as follows:
"Section 78-329. Permissible fees and charges for Non-Consent Towing.
"(a) Maximum charge for non-consent tow, per wrecker. Except as otherwise provided in thus
section, the maximum charge for all non-consent tows from the scene of an accident in the city
limits to the place of business of the wrecker operator, or other location, shall not exceed an
amount established by the City and listed in Appendix A of this Code. A non-consent tow means
picking up the vehicle or moving and towing the vehicle from the street to a location, where the
tow was not initiated by the vehicle owner or operator or the consent of the vehicle owner or
operator has not been otherwise secured.
(b) Additional per mile charge for out of town tows. An additional per mile charge. not to exceed
an amount established by the City and listed in Appendix A of this Code, may be assessed for
non-consent tows requiring transport of vehicles to a location or destination outside the city
limits, for distances up to 50 miles.
(c) Storage charges. A charge not to exceed an amount established by the City and listed in
Appendix A of this Code, per day may be made for the storage of vehicles after the first 12
hours, when resulting from non-cOnsent tows. If the vehicle is picked up during a time other than
8:00 a.m. to 5:00 p.m., Monday through Friday, the storage charge may be charged in any event.
(d) Wrecker tickets; required information. Every holder of an emergency auto wrecker permit
and those auto wrecker permit holders that ate eligible to be summoned to scenes of accidents
shall utilize an official wrecker ticket provided by the city. A city police depaI1ment inventory
form may be utilized as an official wrecker ticket as long as it contains the following
information:
(1) Name and address of the wrecker company.
(2) Time and location of the accident.
(3) Name, address and phone number of the place to which the vehicle is to be towed.
(4) Description of the vehicle and a general description of the parts of the vehicle that have
been damaged.
(5) An itemized list of services to be performed, charges for each and total charges.
(6) A place for the signatures of the auto owner or other person (including a police officer)
authorizing the tow of a vehicle.
(7) One copy of the wrecker ticket is to be given to the customer, and one copy is to be given to
the investigating police officer."
Section 2. That Chapter78 of Appendix - A "Fees" of the Code of Ordinances of the City of La
Porte is hereby amended by amending Article III "Automobile Wrecker and Towing Vehicles",
Division 4 "Regulations" in its entirety, to read as follows:
"Division 4. Regulations
(a) Maximum charge for non-consent tow... ........... .......... .....$145
78-329(a)
(b) Additional per mile charge for out of town tow, not
to exceed 50 miles............................................ ...$3.50/mile
(c) Vehicle storage charge (daily)
(1) Vehicles less than 25 feet in length....................... ...$20
(2) Vehicles 25 feet in length or more........................ ...$35"
78-329(b)
78-329(c)
Section 3. Open Meetings. The City Council officially finds, determines, recites, and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the time
required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551,
Texas Government Code; and that this meeting has been open to the public as required by law at
all times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. Severability. Should any section or part of this ordinance be held unconstitutional,
illegal, or invalid, or the application to any person or circumstance for any reasons thereof
ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of
such section or part shall in no way affect, impair or invalidate the remaining portions thereof;
but as to such remaining portion or portions, the same shall be and remain in full force and effect
and to this end the provisions of this ordinance are declared to be severable.
Section 5. Effective Date. This Ordinance shall be effective fourteen (14) days after its passage
and approval. The City Secretary shall give notice of the passage of this ordinance by causing the
caption hereof to be published in the official newspaper of the City of La Porte at least twice
within ten (10) days after the passage of this ordinance, in accordance with the provisions of
Chapter 52, Texas Local Government Code, and the City of La Porte Charter. ~
PASSED AND APPROVED this the I ()It- day of IJ 0 U . , 200_.
~y~
Alton E. Porter
Mayor
By:
ATTEST:
~ttd1L (j. P(4#
Martha A. Gillett
City Secretary
APPROVED:
~/:..~
Clark T. Askins
Assistant City Attorney
askins
& askins p.c.
ATTORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
November 10, 2008
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Dear Lady and Gentlemen:
Appearing on tonight's agenda is an ordinance authorizing an
increase in non-consent towing fees, the original draft of which
was works hopped during the October 27th meeting.
In response to issues and questions raised during the workshop
meeting, the following changes were made to the ordinance:
1.
The definition of "non-consent tow" under proposed section 78-
329(a), was expanded to incorporate the definition under the
Texas Occupations Code, to state that "A non-consent tow means
picking up the vehicle or moving and towing the vehicle form
the street to a location, when the tow was not initiated by
the vehicle owner or operator or the consent of the vehicle
owner or operator has not been otherwise secured." ( emphasis
added)
,;.-.
2. A distance limitation of 50 miles, was added to proposed
Section 78-329(b), so that per mile allowance of $3.50 being
added to this ordinance is applicable only to trips of 50
miles or less.
At the Council workshop, ,the first question asked was whether a
municipality can set a limit on the length of time a vehicle
storage yard can keep towed vehicles on the premises. The concern
was that a vehicle storage yard could become a de facto junk yard.
Texas Occupations Code Chapter 2303, which governs the use and
licensing of vehicle storage of towed vehicles, does not establish
a limit on the time a towed vehicle can remain at a storage yard.
Chapter 2303 requires that operators give a series of notices to
the vehicle owner i after 41 days from th.e sending of initial
notice, a second notice is sent giving the owner 10 days to pay all
fees and pick up the vehicle. After expiration of the 10 days, the
vehicle is legally considered abandoned. Once abandoned, Chapter
2303 provides that the facility owner "may" sell the vehicle at
public auction, but does not compel any other action.
The proposed maximum daily storage fee is specifically
by Chapter 2302, in section 202.155(b) (3).
<:/ ,
/ /,/
l', c;
authorized ~-;p
'<"~
(::?~
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone . 281.471.2047 fax knoxaskins@comcast.net. ctas!dns@swbell.net
November 10, 2008
page 2
The second question asked was whether the City can classify a tow
as "non-consent", when the police allow a vehicle owner to request
the final destination of the tow. There were related concerns
about allowing vehicles to be towed outside the general area.
The City Attorney's office is satisfied that a tow is still deemed
"non-consent", even when the police allow the vehicle owner to
choose the destination of the towed vehicle, because Texas
Occupation Code Section 2308.002, defines a "con~ent to'l.t" as any
tow "ini tiated by the owner or operator of the vehicle or by a
person who has possession, custody, or control of the vehicle. The
term :!does -n0t include.....a~tow of a motor vehicle ini tia ted by a peace
o~fi9E::_J;:. investigating a tralrn::--accroent-ar-atraffie-Tiicldent that
involves the vehicle." (emphasis added)
-_.
Also, Section 2308.205 states that "a towing company that makes a
non consent tow shall tow the vehicle to a vehicle storage facility
that is operated by a person who holds a license to operate the
facility under Chapter 2303, unless the towing company agrees to
take the vehicle to a location designated by the vehicle's owner."
The clear implication of this statute is that even when allowance
is made for the vehicle owner to request where the vehicle is
taken, the tow is still considered "non consent".
Finally, as to the authority of the City to prescribe per mile fees
for out of town tows, Occupations Code Section 2308.202 states that
"the governing body of a political subdivision may regulate the
fees that may be charged or collected in connection with a non-
consent tow originating in the territory of the pOlitical
subdivision.
Thank you, and should you have any questions, please do not
hesitate to give me a call.
Yours very truly,
~/~
Clark T. Askins
Assistant City Attorney
City of La Porte
CTA: sw
Attachment
cc: Mr. Ron Bottoms, City Manager
Mr. John Joerns, Assistant City Manager
Ms. Martha A. Gillett, city Secretary
Mr. Knox W. Askins, City Attorney
14
REQUEST FOR CITY C UNCIL AGENDA ITEM
Agenda Date Requested: November 10,2008
Requested By: S. GllIett ~~
Department: Public Works
Aporoorilltion
Source of Funds:
GEN 944 and GEN700
015-9892-700-9150
015-9892-944-1100
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted: 3,000,000
Exhibits:
Engineer's Recommendation
Amount Requested:
3,200,000
Exhibits:
Bid Tabulation
Budgeted Item: Yes
Exhibits
AT&TQIIQf",
SUMMARY & RECOMMENDATION
Huitt-Zollars has completed design of the Municipal Court Building. Three contractors were prequatified, and
three bids were received on October 22, 2008. Attached is the Engineer's Recommendation letter and bid
tabulation.
The bid was struchlred to include six (6) alternates due increases in the Engineer's Cost Estimate. They are as
fotlows:
Alt. 1 - Add walkway canopy between Court and existing Police Building.
Alt. 2 - Add canopy to west elevation of building.
Alt. 3 - Add monumental sign in southwest comer of site.
AIt. 4 - Add one (l) flagpole.
Alt. 5 - Add additional landscaping and irrigation system.
Alt. 6 - Add natural gas powered generator.
Hale-Mills was the apparent low bidder. However, after investigation, it was discovered that the base bid price
submitted did not include the Furniture Systems Atlowance and Contractor's management mark-up. The two
remaining contractors did include this amount in their base bid. The low bidder for the base bid was submitted
by Turner Construction in the amount of $2,915,000. Please the attached bid tabulation for details.
The total of all six (6) alternates is $168,500. An additional $35,000 is needed for installation of cabling and
phones by a separate contractor. If added to the base bid, the total cost would be $3,128,500. An additional
$74,500 (approximately 3%) is also recommended for a contingency, for a total cost of $3,200,000. A total of
$3,000,000 is available for construction of this Project. The additional $200,000 needed is available in the
General CIP Contingency Fund.
JJ..!t{ ~
HUITT -ZOLlARS
HUITT-ZOLlARS,INC. . 1500 Saulh D,,;ry Ashford I Suit. 200 I Hou,'an, TX 17077-3858 ' 281.496.0066 phan. I 281.496.0220 lox . hun~zollarl<om
October 27, 2008
Mr. Steve Gillett
Director ofPubIic Works
City of La Porte
2963 North 23Id Street
La Porte, TX 77571
Re: Construction Contractor for Municipal Court Building
Dear Mr. Gillett:
During the past few days, Huitt.Zollars, Inc. has performed extensive evaluations of the cost
proposals of firms submitting for the construction of the City of La Porte Municipal Court
Building.
Although Hale-Mills, Inc. was the apparent low bidder, their price did not include the Owner's
Furniture Systems Allowance and Contractor's cost for managing the installation of furniture.
Upon further investigation, it was determined that the lo\v bid was submitted by Turner
Construction, as detailed on the attached Bid Tabulation. Also, while the cost for Alternatives I
and 2 are considerably lower than the bids of the other two contractors, Turner Construction has
stated verbally and via e~mai1 that all items are included in these alternatives, and they will honor
th.ese quotes. Since this is a Firm Fixed .Price Bid, they are obligated to provide these
alternatives, as described on the drawings and specificatiop.s, at the price indicated on their bid
sheets.
As a result of these evaluations and subsequent actions, we have identified Turner Construction's
proposal as the apparent best value.
Sincerely,
HUITTMZOLLARS, INC.
~~
Leonard earthon, PE, LBED AP
Project Manager
MUNICIPAL COURT BID TABULATION
Contractor Hale-Mills Turner Vaughn
BASE BID $2,867,000 $2,915,000 $3,284,000
Furniture (if not
included) $110,440 $0 $0
Furniture
Installation (if
not included) $3,850 $0 $2/000
Base Bid with
Furniture &
Installation $2,981/290 $2,915,000 $3,286,000
Alternate 1 $73/700 $29/000 $73,000
Alternate 2 $57,400 $22/000 $56,500
Alternate 3 $11/900 $12/000 $13/000
Alternate 4 $2/700 $4/000 $3/500
Alternate 5 $40/500 $47/500 $41/000
Alternate 6 $49/900 $54/000 $52,000
AL TERNA TE
TOTAL $236,100 $168,500 $239,000
TOTAL BASE
BID AND
Al TERNA TES $3/217,390 $3/083/500 $3/525,000
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15
REQUEST FOR CITY COUNCIL AGENDA ITEM
r
Agenda Date Requested: November 10. 2008
Bud!!et
Requested By: Ron Bottoms
Source of Funds: 001
Department: Administration
Account Number: 001-6054-510-4070
Report: X Resolution:
Ordinance:
Amount Budgeted:
Master Agreement
Amount Requested: $180,000
Exhibits:
Exhibits:
Exhibit A - RSDE Scope
Budgeted Item: YES NO
Exhibits
T:ilIlk Orden
SUMMARY & RECOMMENDATION
After the damages left by Hurricane Ike, the City entered into an agreement with HNTB
Corporation to provide services associated with FEMA Residential Substantial Damage
Estimator (RSDE) inspections and other assessments.
It was estimated that HNTB Corporation would assess 450 residential homes in the City
of La Porte at $320.28 per home. The work was performed in phases and in the end 401
RSDE reports were completed by HNTB. Additional cost to the project was oversight
and management of field personnel, acquiring construction cost estimates and evaluations
from appraisal district values and direct expenses to HNTB.
Weare seeking reimbursement from FEMA for this expenditure.
Action Required bv Council:
payment to HNTB Corporation for Residential Substantial Damage Estimate
d safety inspections and other assessments in the amount of $180,000.
It h h8
Dale I
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is entered into between City of La Porte (Owner) and HNTB Corporation (HNTB), for the following
reasons:
1. Owner intends to provide services associated with FEMA Residential Substantial Damage Estimator (RSDE)
inspections and other infrastructure assessments, analysis, planning, design, and construction management services (the
Project); and,
2. Owner requires certain professional engineering and assessment services in connection with the Project (the
Services); and,
3. ~NTB is prepared to provide the Services.
In consideration of the promises contained in this Agreement, Owner and HNTB agree as follows:
ARTICLE 1 - EFFECTIVE DATE recover invoice amounts.
The effective date of this Agreement shall be September 25,
2008. ARTICLE 6 - OWNER'S RESPONSIBILITIES
ARTICLE 2 - TASK ORDERS A. Owner shall be responsible for all matters described in
Task Orders shall be used to describe the parties' mutual Section 0 (Owner's Responsibilities), of each Task Order. In
agreement on the scope of the Services, schedule, addition, Owner shall perform and provide the following in a
compensation and other particulars as stated therein. Task timely manner so as not to delay the Services of HNTB:
Orders shall be in the general form shown in attached Exhibit
"A". Task Orders are binding only after acceptance and (1)
execution by duly authorized representatives of both parties.
Each Task Order shall govern the parties' rights and
obligations with respect to each assignment, but all within the
framework of this Agreement.
Place at HNTB's disposal all available information pertinent
to the Project, including previous reports, drawings,
specifications or any other data as may be reasonably
required by HNTB to perform its Services.
B. HNTB shall periodically invoice Owner for Services
rendered. Invoices shall be due and payable upon receipt.
Owner shall give prompt written notice of any disputed
amount and shall pay the remaining amount. Invoice
amounts not paid within 30 days after receipt shall accrue
interest at the rate of 1.5% per month (or the maximum rate
permitted by law, if less), with payments applied first to
accrued interest and then to unpaid principal. Owner shall
pay HNTB's reasonable attorneys' fees incurred in
connection with any litigation instituted to recover invoice
(2) Give prompt written notice to HNTB whenever Owner
ARTICLE 3 _ SCOPE OF SERVICES becomes aware of any development that affects the scope
HNTB shall provide the Services described in Section A or timing of HNTB's Services, or any defect in the Services
(Scope of Services) of each Task Order. (3) ~~~i~;~'NTB of the identity and scope of services of any
ARTICLE 4 - SCHEDULE independent consultants retained by Owner to provide
HNTB shall exercise its reasonable efforts to perform those services in regard to the Project.
Services within the time frame set forth in Section B
B. Owner hereby represents that it owns the intellectual
(Schedule) of each Task Order. property rights in any plans, documents or other materials
ARTICLE 5 - COMPENSATION provided by Owner to HNTB. If Owner does not own the
A. Owner shall pay HNTB in accordance with Section C intellectual property rights in such plans, documents or other
(Compensation) of each Task Order. Notwithstanding materials, prior to providing same to HNTB, Owner shall
anything to the contrary in this Agreement or any Task obtain a license or right to use, including the right to
Order, should the Services under this Agreement include sublicense to HNTB. Owner hereby grants HNTB the right to
products or services that are commercially priced by HNTB, use the intellectual property associated with plans,
such amounts shall be invoiced to Owner at the catalog documents or other materials it owns or has the right to use
price(s) offered by HNTB and are not subject to audit on the for the limited purpose of performing the Services. Owner
basis of costs incurred. represents that HNTB's use of such documents will not
infringe upon any third parties' rights and Owner will
indemnify and protect HNTB from any infringement claims
arising from HNTB's use of any plans, documents or other
materials provided to HNTB in the performance of its
Services hereunder.
ARTICLE 7 - STANDARD OF CARE
The same degree of care, skill, and diligence shall be
exercised in the performance of the Services as is ordinarily
possessed and exercised by a member of the same
profession, currently practicing, under similar circumstances.
No other warranty, express or implied, is included in this
48686Master.doc
1
9/24/2008
or implied, is included in this Agreement or in any Task
Order, drawing, specification, report, opinion, or other
instrument of service, in any form or media, produced in
connection with the Services.
and subsidiary entities, directors, officers and employees as
additional insureds on their General and Automobile Liability
insurance policies, and to indemnify both Owner and HNTB,
each to the same extent.
ARTICLE 8 -INDEMNIFICATION AND LIABILITY
A. Having considered the potential liabilities that may exist C. HNTB and Owner waive all rights against each other and
during the performance of the Services, the relative benefits their directors, officers, partners, commissioners, officials,
and risks of the Project, and HNTB's fee for the Services, agents, and employees for damages covered by property
and in consideration of the promises contained in this insurance during and after the completion of the Services. If
Agreement, Owner and HNTB agree to allocate and limit the Services result in any construction related to the Project,
such liabilities in accordance with this Article. a similar provision shall be incorporated into all construction
contracts entered into by Owner and shall protect Owner and
. . HNTB to the same extent.
B. HNTB agrees to indemnify and hold the Owner harmless
from and against legal liability for all judgments, losses,
damages, and expenses to the extent such judgments,
losses, damages, or expenses are caused by HNTB's
negligent acts, errors, or omissions arising out of its
performance of the Services. In the event judgments,
losses, damages, or expenses are caused by the joint or
concurrent negligence of HNTB and Owner, they shall be
borne by each party in proportion to its own negligence.
ARTICLE 10 - LIMITATIONS OF RESPONSIBILITY
A. HNTB shall not be responsible for (a) construction
means, methods, techniques, sequences, procedures, or
safety precautions and programs in connection with the
Project; (b) the failure of any contractor, subcontractor,
vendor, or other Project participant, not under contract to
HNTB, to fulfill contractual responsibilities to Owner or to
comply with federal, state, or local laws, regulations, and
codes; or (c) procuring permits, certificates, and licenses
. required for any construction unless such procurement
? :':0 the fullest exte.nt permitted by law, the total aggregate responsibilities are specifically assigned to HNTB in a Task
liability of HNTB and Its subconsultants to Owner for all 0 d - --
judgments, losses, damages, and expenses resulting in any r er.
way from the performance of the Services shall not exceed
the total compensation actually received by HNTB for Task
Orders completed under this Agreement.
B. In the event the Owner requests HNTB to execute any
certificates or other documents, the proposed language of
D T th ~ II t t t .tt d b I HNTB hilt b such certificates or documents shall be submitted to HNTB
.' 0 e u es ex en perml e .y aw, s a .no . e for review at least 15 days prior to the requested date of
liable to Owner for any consequential damages resulting In exec t' n HNTB h II t b . d t t
. U 10 . S a no e require 0 execu e any
any way from the performance of the Services. rt'fi t d t th t' Id ' HNTB'
ce I ca es or ocumen s a In any way wou ,In s
sole judgment, (a) increase HNTB's legal or contractual
obligations or risks; (b) require knowledge, services or
responsibilities beyond the scope of this Agreement; or (c)
result in HNTB having to certify, guarantee or warrant the
existence of conditions whose existence HNTB cannot
ascertain.
E. The terms and conditions of this Article shall survive
completion of the Services, or any termination of this
Agreement.
ARTICLE 9 - INSURANCE
A. During the term of this Agreement, HNTB shall maintain
the following insurance:
(1) General Liability Insurance, with a limit of $1 ,000,000 per
occurrence and $2,000,000 annual aggregate. ARTICLE 11 - OPINIONS OF COST AND SCHEDULE
(2) Automobile Liability Insurance, with a combined single
limit of $1 ,000,000 for each person and $1,000,000 for
each accident.
(3) Workers' Compensation Insurance in accordance with
statutory requirements and Employers' Liability
Insurance, with a limit of $500,000 for each occurrence.
Because HNTB has no control over the cost of labor,
materials, or equipment furnished by others, or over the
resources provided by others to meet Project schedules,
HNTB's opinion of probable costs and of Project schedules, if
any, shall be made on the basis of experience and
qualifications as a practitioner of its profession. HNTB does
not guarantee that proposals, bids, or actual Project costs
will not vary from HNTB's cost estimates or that actual
schedules will not vary from HNTB's projected schedules.
(4) Professional Liability Insurance, with a limit of
$1,000,000 per claim and annual aggregate.
B. HNTB shall, upon written request, furnish Owner
certificates of insurance which shall include a provision that ARTICLE 12 - REUSE OF DOCUMENTS
such insurance shall not be canceled without at least thirty All documents, including, but not limited to, plans, drawings,
days' written notice to Owner. Owner shall require all Projectand specifications prepared by HNTB as deliverables
contractors to include Owner, HNTB, and its parent pursuant tothe Scope of Services are instruments of service
company, affiliated and subsidiary entities, directors, officers in respect to the Project. They are not intended or
48686Master.doc
2
9/24/2008
They are not intended or represented to be suitable for reusedisturbances; strikes, lockouts, work slowdowns, and other
by Owner or others on modifications or extensions of the labor disturbances; sabotage; judicial restraint; and delay in
Project or on any other project. Any reuse without prior or inability to procure permits, licenses, or authorizations
written verification or adaptation by HNTB for the specific from any local, state, or federal agency for any of the
purpose intended will be at Owner's sole risk and without supplies, materials, accesses, or services required to be
liability or legal exposure to HNTB. Owner shall indemnify provided by either Owner or HNTB under this Agreement or
and hold harmless HNTB and its subconsultants against all any Task Order. HNTB shall be granted a reasonable
judgments, losses, damages, injuries, and expenses, extension of time for any delay in its performance caused by
including reasonable attorneys' fees, arising out of or any such circumstances.
resulting from such reuse. Any verification or adaptation of
documents will entitle HNTB to additional compensation at
rates to be agreed upon by Owner and HNTB.
B. Should such circumstances occur, the nonperforming
party shall, within a reasonable time of being prevented from
performing, give written notice to the other party describing
the circumstances preventing continued performance and
the efforts being made to resume performance.
ARTICLE 13 - OWNERSHIP OF DOCUMENTS AND
INTELLECTUAL.PROP~RTY . . ARTICLE 16 - NOTICES
Except as otherwise prOVided herein, documents, drawings, A A t' . d b thO A t h II b d'
. . '. ny no Ice require y IS greemen s a e ma e In
and speCifications prepared by HNTB and furnished to 't' t th dd 'fi d b I
. Wrl Ing 0 e a ress specl Ie e ow:
Owner as part of the Services shall become the property of 0 C'ty f L P rt
. wner: loa 0 e
Owner; prOVided, however, that HNTB shall have the Att T T .
unrestricted right to their use. HNTB shall retain its copyright 604n:Wlmt Fle~ens t P k
d h.. ht . 't d' d . d t '1 es alrmon ar way
an owners Ip rig S In I s eSlgn, rawlng e al s, L P rt TX 77571
specifications, data bases, computer software, and other a 0 e,
proprietary property. Intellectual property developed, .
utilized, or modified inJhe performance of the Services shall tiNTB.
remain the property of HNTB.
HNTB Corporation
Attn: Robert J. Slimp, P.E.
85 N.E. Loop 410, Suite 304
San Antonio, TX 78216
ARTICLE 17 - DISPUTES
A. In the event of a dispute between Owner and HNTB
arising out of or related to this Agreement, or any Task
Order, the aggrieved party shall notify the other party of the
B. Owner may terminate or suspend performance of this dispute within a reasonable time after such dispute arises. If
Agreement for Owner's convenience upon written notice to the parties cannot thereafter resolve the dispute, each party
HNTB. HNTB shall terminate or suspend performance of theshall nominate a senior officer of its management to meet to
Services on a schedule acceptable to Owner, and Owner resolve the dispute by direct negotiation or mediation.
shall pay HNTB for all the Services performed plus
termination or suspension expenses. Upon restart of
suspended Services, an equitable adjustment shall be made . . ...
to HNTB's compensation and the Project schedule. ~. Shoul~ such negotiation or medlatlo~ fall to res~lve the
dispute, either party may pursue resolution of the dispute by
arbitration in accordance with the Construction Industry
C. The provisions of this Article shall also apply to each Arbitration Rules of the American Arbitration Association;
individual Task Order, separate and apart from any other provided, however, in the event the parties are unable to
Task Orders, and without terminating or otherwise affecting reach agreement to arbitrate under terms reasonably
this Agreement as a whole. acceptable to both parties, either party may pursue
ARTICLE 15 _ DELAY IN PERFORMANCE resolution in any court having jurisdiction.
A. Neither Owner nor HNTB shall be considered in default of
this Agreement or any Task Order for delays in performance C. During the pendency of any dispute, the parties shall
caused by circumstances beyond the reasonable control of continue diligently to fulfill their respective obligations
the nonperforming party. . For purposes of this Agreement, hereunder.
such circumstances include, but are not limited to, abnormal
weather conditions; floods; earthquakes; fire; epidemics; war,ARTICLE 18 - EQUAL EMPLOYMENT OPPORTUNITY
riots, and other civil disturbances; strikes, lockouts, work
ARTICLE 14 - TERMINATION AND SUSPENSION
A. This Agreement may be terminated by either party upon
written notice in the event of substantial failure by the other
party to perform in accordance with the terms of this
Agreement; provided, however, the nonperforming party
shall have 14 calendar days from the receipt of the
termination notice to cure or to submit a plan for cure
acceptable to the other party.
B. Nothing contained in this Article shall be construed to
restrict the transmission of routine communications between
representatives of Owner and HNTB.
A. HNTB hereby affirms its support of affirmative action and
48686Master.doc
3
9/24/2008
ARTICLE 22 - SUCCESSORS AND ASSIGNS
Owner and HNTB each binds itself and its successors,
executors, administrators, permitted assigns, legal
representatives and, in the case of a partnership, its
partners, to the other party to this Agreement and to the
C HNTB f rth ffi Iff r bl successors, executors, administrators, permitted assigns,
. u er a Irms. comp e .Ion 0 app I~a e. legal representatives, and partners of such other party in
governmental employer Information re~orts Including the respect to all provisions of this A reement.
EEO-1 and VETS-100 reports, and maintenance of a current g
Affirmative Action Plan as required by Federal regulations.
This Agreement, including Exhibit "A" (incorporated by this
reference), and subsequently issued Task Orders (and their
respective attachments, if any), represents the entire and
integrated agreement between Owner and HNTB. It
.. .. supersedes all prior and contemporaneous communications,
B: HNTB affirms Its pohcy to recruit ~~d hire employees representations, and agreements, whether oral or written,
wIthout regar~ to r~ce, age,. color, rehgl?~, sex, sexual. relating to the subject matter of this Agreement.
preference/onentatlon, mantal status, Citizen status, natIonal
origin or ancestry, presence of a disability or status as a
Veteran of the Vietnam era or any other legally protected
status. It is HNTB's policy to treat employees equally with
respect to compensation, advancement, promotions,
transfers and all other terms and conditions of employment.
action and that it abides by the provisions of the "Equal
Opportunity Clause" of Section 202 of Executive Order
11246 and other applicable laws and regulations.
ARTICLE 23 - ASSiGNMENT
Neither Owner nor HNTB shall assign any rights or duties
ARTICLE 19 - WAIVER under this Agreement without the prior written consent of the
A waiver by either Owner or HNTB of any breach of this other party, which consent shall not be unreasonably
Agreement shall be in writing. Such a waiver shall not affect withheld; provided, however, HNTB may assign its rights to
the waiving party's rights with respect to any other or further payment without Owner's consent. Unless otherwise stated
breach. in the written consent to an assignment, no assignment will
ARTICLE 20 _ SEVERABILITY re!ease or discharge t~e assig~orfr~m a.ny o~ligation under
. .... . . .. thiS Agreement. Nothing contained In thiS Article shall
T~e invalidity, Illegality, or unenforceablllty of any pro~lslon otprevent HNTB from engaging independent consultants,
thiS .Agreemen~ ~r the o~urrence of any .event r~ndenng anYassociates and subcontractors to assist in the erforman
portion or proVISion of thiS Agreement VOid shall In no way of the S rvices p ce
affect the validity or enforceability of any other portion or e.
provision of this Agreement or any Task Order. Any void
provision shall be deemed severed from this Agreement, and
the balance of this Agreement shall be construed and ARTICLE 24 - NO THIRD PARTY RIGHTS
enforced as if it did not contain the particular portion or The Services provided for in this Agreement are for the sole
provision held to be void. The parties further agree to amenduse and benefit of Owner and HNTB. Nothing in this
this Agreement to replace any stricken provision with a valid Agreement shall be construed to give any rights or benefits
provision that comes as close as possible to the intent of the to anyone other than Owner and HNTB.
stricken provision. The provisions of this Article shall not
prevent this entire Agreement from being void should a
provision ich is of the essence of this Agreement be
determ' d v id.
ARTICLE 25 - GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Texas.
'w 0 L
(0 n
By
Name_RH\ &t+NY\S
TItle ~fl fI~er
Date
, Owner and HNTB have executed this Agreement.
HNTB Corporation
k~NTB)~ Q~
Name Robert J. Slimo. P.E.
Title Vice President
~4i/ocP
Date
Attached Exhibit:
Exhibit A - Sample Task Order
48686Master.doc
4
9/24/2008
Exhibit A - RSDE Scope
Hurricane Ike Disaster Response
I. Background
It is our understanding that the City of La Porte needs to document safety concerns, residential
and infrastructure damage for compliance with the National Flood Insurance Program (NFIP)
and possibly to the Federal Emergency Management Agency (FEMA) due to Hurricane Ike
damage of residential structures. The HNTB Public Works Specialists can provide the service
level assistance required for local response and recovery. HNTB can also provide technical
assistance and assessment as required to support re-entry and recovery of critical infrastructure.
The purpose of this task order is to provide services associated with FEMA Residential
Substantial Damage Estimator (RSDE) and safety inspections.
II. Scope of Services
HNTB will provide the staffing to assist the City of La Porte with:
1. Recovery Coordination of affected Residential areas (Safety and RSDE inspections)
a. Utilization of the FEMA Residential Substantial Damage Estimator (RSDE) software
to assist City of La Porte and State of Texas officials in determining substantial damage
in accordance with the City of La Porte floodplain management ordinance and the
requirements of the National Flood Insurance Program (NFIP).
b. Safety inspections, including documenting water availability, electricity availability,
structural stability, and other safety issues.
c. Identification of local capabilities and resource needs.
d. It is estimated that approximately 450 residential structures will require inspection.
e. It is understood that research on construction cost, central appraisal district values,
and other factors are critical in maximizing information to support the City in this
effort. These services will be performed by our subconsultant Sanderson Knox and
Co.
Prioritization will be based on discussions with and decisions reached by the City of La Porte,
Texas.
HNTB fully understands the immediate urgency of getting these residential areas assessed in
order to maximize the time and dollars needed from FEMA to rebuild. Key staff will be
available as needed to consult on developing issues and events.
2. Report in accordance with FEMA Public Assistance Program Requirements.
a. Effort includes specific location, photo documentation, narrative public and private
infrastructure description along with extent and degree of damage, initial analysis of
what action is required to safely secure the facility or to get the infrastructure back
into service and the initial cost estimate for repair and rehabilitation. Observations
will be made by trained staff and quality assurance and quality control will be
provided by trained and experienced staff. All information will be collected and
delivered electronically and tied directly to Geographic Information System (GIS)
coverage of the City of La Porte and surrounding area. HNTB will offer a WebPortal
Page 1 of3
Exhibit A - RSDE Scope
Hurricane Ike Disaster Response
that will provide up-to-the-day information as to where all aspects of the assignment
stand with GIS capability. The complexity and detail of this WebPortal will be
dependent on the available funds in this task order and the services desired by the
City.
3. Assist on Hazard Mitigation Grant Program and Increase Cost of Compliance
a. ICC isthe Increased Cost of Compliance that lets flood insurance policy holders do
an additional claim payment to help cover the cost of bringing a substantially damaged
or repetitively damaged building into compliance with the NFIP construction standards
for new buildings. HNTB can assist the City of La Porte in doing the ICC applications.
b. Assist in the application for the Hazard Mitigation Grant Program in order to
maximize the monies available to the City of La Porte
4. Public Involvement and Outreach
a. Coordinate public meetings to inform citizens of the progress of the recovery effort
5. Environmental Assessment and Engineering Analysis and Design
a. Assessment of the environmental issues surrounding La Porte.
b. Engineering Analysis and Design for reconstruction and redevelopment of residential
areas in La Porte.
III. Proposed Assessment Methodology
· Buildings will be identified by address. If more than one structure exists at a single address,
additional identification nomenclature will be used.
· Teams will be comprised of no less than two individuals. One of those two individuals will
meet technical qualification and/or experience minimum requirements as established for the
Program in coordination with City of La Porte Standards.
· It is the goal of the program to have teams accompanied by a La Porte Public Assistance
Program Specialist whenever possible; other Agency representatives are welcome to
accompany HNTB Corporation staff.
· Using the Residential Substantial Damage Estimator (RSDE) software (previously developed
information collection template by FEMA), the Teams will conduct visual inspection of the
asset. Causes of damage to the asset will be noted. Damage will be identified with the
specific location data necessary so the damaged item can be readily located again for review
with others (FEMA, etc.) including collection ofa digital photo of the damage. Where
possible the damage description should also provide enough information to support
preliminary determination of repair method and probable cost of repair. (NOTE: With the
understanding that these are preliminary damage assessments and additional assessment or
assessment by other means may be required for the purpose of contracting the work for
repair)
· The assessment findings will be recorded using Toughbooks, Ultra Mobile PCs, and/or
Trimble Units depending upon adequate availability and suitability for this application.
Page 2 of3
Exhibit A - RSDE Scope
Hurricane Ike Disaster Response
Information collected will include digital photographs of every damage item described and
GIS information. Images will be date-stamped. Data entry will also be date-stamped.
. At the end ofthe day, Teams will log the asset(s) assessed and upload the collected
information to a central data management application.
. The data download will be QA/QCed daily by technical specialists with the ability to add/edit
or delete information as needed. The QA/QC review will also verify that the photographs
correspond with other data collected and recorded.
. The cleansed data will be loaded into a central Geodatabase
· In the event that there is a need to re-inspect or assess the buildings, the re-assessment team's
data collection tool(s) will be pre-loaded with the information gathered by the preceding
team.
· Note that the protocols used by the teams will have a direct impact on the quality and
consistency of the data being gathered
· HNTB will coordinate with the City of La Porte to determine the method, format and
frequency of reporting of collected assessment information. Final format and type of
information will be developed based upon the City's needs.
v. Compensation
To accomplish the scope of services in this task order, rates included in Attachment B will be
utilized. Expenses for all direct costs associated with the project will be reimbursed by the City.
Deployed employees will require lodging, transportation/travel, and subsistence, field supplies,
safety equipment, etc. at approved Federal GSA/JTR rates.
For estimation purposes, the following will serve as a guide to determining the amount of the
contract value for these services.
1. Residential inspection - 2 hours per structure performed by a two-person team (estimated
at $123,000 for 562 structures). A cost/structure of $320.28/structure.
2. Oversight and management ofthe field personnel to provide coordination, training,
interaction with City personnel and other agencies (estimated at 27,000)
3. Sanderson Knox and Co. will provide construction cost estimates, evaluation of central
appraisal district values, and other required data (estimated at $15,000)
4. Direct expenses (estimated at $15,000)
Total = $180,000
VI. Services not included
1. HNTB's services are limited to the RSDE inspections for 450 homes described in this
scope of services. Only the services defined are included at a time and materials basis.
The fee estimate included is not a guarantee, as actual effort in the field may change due
to actual site conditions and coordination efforts required. HNTB will endeavor to work
quickly and efficiently.
2. Infrastructure inspections/evaluations are not included as part of this task order.
3. Grant applications ar~ not included as part of this task order.
Page 3 of3
HNTB Project: 48686
TASK ORDER NUMBER 2
La Porte RSDE
This Task Order is made as of October 27,2008, under the terms and conditions established in
the MASTER AGREEMENT FOR PROFESSIONAL SERVICES, dated September 25, 2008
(the Agreement), between City of La Porte (Owner) and HNTB Corporation (HNTB). This
Task Order is made for the following purpose, consistent with the Project defined in the
Agreement:
Section A. - Scope of Services
A.1. HNTB shall perform the following Services:
Reference Exhibit A - RSDE Scope
A.2. The following Services are not included in this Task Order, but shall be provided as
Additional Services if authorized or confirmed in writing by the Owner.
Reference Exhibit A - RSDE Scope
A.3. In conjunction with the performance of the foregoing Services, HNTB shall provide the
following submittals/deliverables (Documents) to Owner:
Reference Exhibit A - RSDE Scope
Section B. - Schedule
HNTB shall perform the Services and deliver the related Documents (if any) according to
the following schedule:
B.1. HNTB will target completion of the inspection of the 450 identified residential structures
within a 2 week time period. This schedule does not consider delays associated with
inclement weather, hazards site conditions that impede inspection of the residences, or
other delays that are out of the control of HNTB or as otherwise directed by the client.
Completion of paperwork and other tasks after the initial inspections will be completed as
within two weeks.
Section C. - Compensation
C.1. In return for the performance of the foregoing obligations, Owner shall pay to HNTB
the Lump Sum amount of $50,000.00, based on a cost per structure of $320.28, increasing
the maximum amount payable from $50,000.00 to $100,000.00, payable according to the
terms of the Agreement.
48686T02revisedLS (2)
Page 1 of 2
10/27/2008
C.2. This task order will serve as the initial efforts to begin the services described in Exhibit
A.
C.3. Compensation for Additional Services (if any) shall be paid by Owner to HNTB after
final execution of additional Task Orders or Supplements to this Task Order NO.2.
Section D. - Owner's Responsibilities
Owner shall perform and/or provide the following in a timely manner so as not to delay the
Services of HNTB. Unless otherwise provided in this Task Order, Owner shall bear all costs
incident to compliance with the following:
D.1. The City of La Porte will provide HNTB with access to all residences. to be inspected,
security if required to ensure safety, all city/county data and information required to
complete the scope of services, access to local agency officials to facilitate the completion
of the scope of services, and a dedicated City staff member to provide information needed
by HNTB to perform the services defined. HNTB will work in a cooperative effort to maintain
communication with the City and other involved agencies at all times.
Section E. - Other Provisions
The parties agree to the following provisions with respect to this specific Task Order:
Signat
WHEREOF, Owner and HNTB have executed this Task Order.
IN WI
HNTB Corporation
(HNTB)
Signature ~ (~
Name
Name Robert J. Slimp. P.E.
Title
Date
Title Vice President
Date t~2 -'/e>6'
/
48686T02revisedLS (2)
Page 2 of 2
10/27/2008
HNTB Project: 48686
TASK ORDER NUMBER 3
La Porte RSDE.
This Task Order is made as of October 27,2008, under the terms and conditions established in
the MASTER AGREEMENT FOR PROFESSIONAL SERVICES, dated September 25, 2008
(the Agreement), between City of La Porte (Owner) and HNTB Corporation (HNTB). This
Task Order is made for the following purpose, consistent with the Project defined in the
Agreement:
Section A. - Scope of Services
A.1. HNTB shall perform the following Services:
Reference Exhibit A - RSDE Scope
A.2. The following Services are not included in this Task Order, but shall be provided as
Additional Services if authorized or confirmed in writing by the Owner.
Reference Exhibit A - RSDE Scope
A.3. In conjunction with the performance of the foregoing Services, HNTB shall provide the
following submittals/deliverables (Documents) to Owner:
Reference Exhibit A - RSDE Scope
Section B. - Schedule
HNTB shall perform the Services and deliver the related Documents (if any) according to
the following schedule:
B.1. HNTB will target completion of the inspection of the 450 identified residential structures
within a 2 week time period. This schedule does not consider delays associated with
inclement weather, hazards site conditions that impede inspection of the residences, or
other delays that are out of the control of HNTB or as otherwise directed by the client.
Completion of paperwork and other tasks after the initial inspections will be completed as
within two weeks.
Section C. - Compensation
C.1. In return for the performance of the foregoing obligations, Owner shall pay to HNTB
the Lump Sum amount of $50,000.00, based on a cost per structure of $320.28, increasing
the maximum amount payable from $100,000.00 to $150,000.00, payable according to the
terms established in the Agreement.
48686T03LS (2)
Page 1 of 2
10/27/2008
C.2. This task order will serve as the initial efforts to begin the services described in Exhibit
A. Following task orders will add addition fee to complete the services.
C.3. Compensation for Additional Services (if any) shall be paid by Owner to HNTB after
final execution of additional Task Orders or Supplements to this Task Order NO.3.
Section D. - Owner's Responsibilities
Owner shall perform and/or provide the following in a timely manner so as not to delay the
Services of HNTB. Unless otherwise provided in this Task Order, Owner shall bear all costs
incident to compliance with the following:
D.1. The City of La Porte will provide HNTB with access to all residences to be inspected,
security if required to ensure safety, all city/county data and information required to
complete the scope of services, access to local agency officials to facilitate the completion
of the scope of services, and a dedicated City staff member to provide information needed
by HNTB to perform the services defined. HNTB will work in a cooperative effort to maintain
communication with the City and other involved agencies at all times.
Section E. - Other Provisions
The parties agree to the following provisions with respect to this specific Task Order:
N/A
Title
EREOF, Owner and HNTB have executed this Task Order.
Name
HNTB Corporation
(HNTB)
Signature ~ ~
Name Robert J. Slimp, P.E.
Date
Title Vice President
Date (,() ~7/ CJl
I
48686T03LS (2)
Page 2 of2
10/27/2008
"
HNTB Project: 48686
TASK ORDER NUMBER 4
La Porte RSDE
This Task Order is made as of October 27,2008, under the terms and conditions established in
the MASTER AGREEMENT FOR PROFESSIONAL SERVICES, dated September 25, 2008
(the Agreement), between City of La Porte (Owner) and HNTB Corporation (HNTB). This
Task Order is made for the following purpose, consistent with the Project defined in the
Agreement:
Section A. - Scope of Services
A.1. HNTB shall perform the following Services:
Reference Exhibit A - RSDE Scope
A.2. The following Services are not included in this Task Order, but shall be provided as
Additional Services if authorized or confirmed in writing by the Owner.
Reference Exhibit A - RSDE Scope
A.3. In conjunction with the performance of the foregoing Services, HNTB shall provide the
following submittals/deliverables (Documents) to Owner:
Reference Exhibit A - RSDE Scope
Section B. - Schedule
HNTB shall perform the Services and deliver the related Documents (if any) according to
the following schedule:
B.1. HNTB will target completion of the inspection of the 450 identified residential structures
within a 2 week time period. This schedule does not consider delays associated with
inclement weather, hazards site conditions that impede inspection of the residences, or
other delays that are out of the control of HNTB or as otherwise directed by the client.
Completion of paperwork and other tasks after the initial inspections will be completed as
within two weeks.
Section C. - Compensation
C.1. In return for the performance of the foregoing obligations, Owner shall pay to HNTB
the Lump Sum amount of $30,000.00, based on a cost per structure of $320.28, increasing
the maximum amount payable from $150,000.00 to $180,000.00, payable according to the
terms established in the Agreement.
48686T04LS (2)
Page 1 of 2
10/27/2008
C.2. This task order will serve as the initial efforts to begin the services described in Exhibit
A. Following task orders will add addition fee to complete the services.
C.3. Compensation for Additional Services (if any) shall be paid by Owner to HNTB after
final execution of additional Task Orders or Supplements to this Task Order NO.4.
Section D. - Owner's Responsibilities
Owner shall perform and/or provide the following in a timely manner so as not to delay the
Services of HNTB. Unless otherwise provided in this Task Order, Owner shall bear all costs
incident to compliance with the following:
D.1. The City of La Porte will provide HNTB with access to all residences to be inspected,
security if required to ensure safety, all city/county data and information required to
complete the scope of services, access to local agency officials to facilitate the completion
of the scope of services, and a dedicated City staff member to provide information needed
by HNTB to perform the services defined. HNTB will work in a cooperative effort to maintain
communication with the City and other involved agencies at all times.
Section E. - Other Provisions
The parties agree to the following provisions with respect to this specific Task Order:
INWI
OF, Owner and HNTB have executed this Task Order.
HNTB Corporation
(HNTB)
Signature ~~
-=--
Name Robert J. Slimp, P.E.
Title Vice President
Date 101> ?/b&--
48686T04LS (2)
Page 2 of 2
10/27/2008
16
-
----
No Back-up required for this item
17 /18
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 10. 2008
Budl!et
Requested By: .Tpff Suggs
Source of Funds:
Department: .\dministratigg
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Cost comparison documentation
Amount Requested:
Exhibits:
Current Invoice
Budgeted Item: YES
NO
Exhibits
Prgpgsed C~gtra~t & Ig~Tgice
SUMMARY & RECOMMENDATION
In planning for the future and streamlining current IT systems, we would like to propose an operational change that
will save money and provide better disaster recovery for the Sungard Public Sector applications. These applications
are referred to interchangeably as Sungard or HTE and are used to process the City's financial information, utility
billing, tax collection, permitting, and code enforcement. Currently, the Sungard applications are run on an IBM
mid-range computer located in City Hall. In the event of a disaster affecting City Hall, there is the potential to lose
that computer and all of the information it contains. Although backups of the data are made daily, a replacement
computer system will be required in order to use that data. There is also the possibility that a tape will fail and data
for one or more days may be lost. This proposal is to use a service provided by Sungard called ASP. This service
will host the City's applications and data at a Sungard site in Atlanta, Georgia. The City's computer systems will
connect to the server at the remote location via the Internet. In the event that city facilities are destroyed, the
Sungard system will be available via any Internet connection. This functionality will allow for the continuity of
government. In the event of a problem at the Sungard facility in Atlanta, the system will fail over to a Sungard site
located in Lake Mary, Florida.
The ASP system will also reduce the cost of operating and maintaining the Sungard applications. The City will no
longer be required to lease and maintain the IBM computer. All maintenance on the Sungard applications will be
performed by Sungard. Additionally, if the City decides to purchase additional modules from Sungard, the cost will
be less than if they were purchased for the current system.
tt
Date
Current System
87,315.00 Annual Maintenance - Current Green Screen for SunGard
36,672.00 Annual IBM Lease Fees - 3 yr. contract
123,987.00 Annual fees - Current HTE and IBM Lease
Current system has a 4% increase in fees each year
Proposed System
118,340.00 ASP
ASP includes Navi1ine (windows based look, easier to use)
Cheaper to add modules (HR, Inspections, Tax...)
Maintenance performed by Sungard
Disaster Recovery
Hosted offsite
Does not require a server here
To switch to ASP with Naviline - Savings
118,340.00 Annual fees - both ASP and Navi1ine
123,987.00 Annual fees - Current HTE and IBM Lease
5,647.00 Annual Cost saving
To switch to Naviline without ASP
113,529.00 Implementation ofNavi1ine
75,680.00 Navi1ine annual maintenance
Savings
87,315.00 Annual Maintenance - green screen
75,680.00 Annual Maintenance - Navi1ine
11,635.00 Annual Cost saving using Navi1ine instead of using green screen
Current system and proposed system both have a 4% increase in fees each year
Mis
tJ1.3. ~(J~~. S/9. ~c? .Sf
~/{J-
SUNGARD.PUBLlC SECTOR
1000 Business Center Drive
Lake Mary, FL 32746
800-727-8088
www.sungard.comfpubficsector
Invoice
Company
100
Document No
884347
Dats
281Augl2008
Pagll
1of2
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LA PORTE, TX 77571 l r CCOUNT\NG Dt:::>AET,!~L:~'i:, 1
Unlted States ~~---~,-_.'''_.,.- - -
Attn: AI Owens
City of La Porte
604 West Fainnont Parkway
LA PORTE, TX 77571
United States
Attn: AI Owens
" Cusklmer PO Number
TliI11ls
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Due Date
.:,.27JSepI2(J08
Page Tolal I
44,455.00 .
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SUNOARD-PUBLlC SECTOR
1000 Business Center Drive
Lake Mary, FL 32746
800-727--8088
www.sungard.com/publicsector
Invoice
Company
100
Document No
884347
Date
281AugJ2008
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BiD To: City of La Porte
604 West Fairmont Parkway
LA PORTE, TX 77571
United States
Attn: AI OWens
Ship To:
City of La Porte
604 West Fairmont Parkway
LA PORTE. TX 77571
United States
Attn: Al Owens
Customer GrpINo. CUStOmer Name
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SUNGARD.PUBLlC SECTOR
Supplement to the Sun Gard Public Sector Inc. Application Service Provider Agreement
Schedule A - Order Form
This Schedule A - Order Fonn is entered into under the tenns and conditions of the SunGard Public Sector Inc. Application
Service Provider Agreement of even date herewith (Agreement), between SunGard Public Sector Inc. (SunGard Public Sector) and
City of La Porte, TX (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in
effect.
Customer Name:
City of La Porte, TX
Yes No
Initial Order Fonn X
Replacement Order Form X
Replaces Order Dated
Agreement Number:
LAPO-081240- I
1. I!Jitial Term: Begins December 1, 2008 and expires sixty (60) months from the date the initial Monthly Access Fee is due under
this Schedule A - Order Fonn.
2. Application Groups: Start-Up Fees and Monthly Access Fees
Appllcallons and/or Services Start-Up Fee Monthly Access
Fee
Existing Products $ 11,178.00 $ 8,470.00
(Currently Licensed) GMBA with Extended Reporting (GMlER),
Purchasing/Inventory (PI), PayrolUPersonnel (PR),
Procurement Card (PC), Accounts Receivable (MR), Cash
Receipts (CR). Rxed Assets (FA), Work OrderslFacilities
Management (WF), Building Permits (BP), Business
Licenses (OL), Code Enforcement (CE), Land Parcel
Management (LX), Tax Billing & Collections (lX), Customer
Information Systems (CX), RecTrac Interface to CR (VI),
RecTrac Interface to GMBA (VG), Document Managem!;lnt
Services (OX), QRep Catalogs (GM, PI, PR, MR, CR, FA,
WF, BP, OL, CE, LX, TX, CX)- CJ
New Products Included in Included in
(Not currently Licensed) QRep Catalog (PC) - CJ Start-Up Fee Monthly Access
Fee
Third Party Products QRep Amin (1 User) - CG Admin; QRep End User (9 User) Included in Included in
Monthly Access
(Currently Licensed) CG; CRep Web (40 units) - QI Start-Up Fee Fee
Retrofit Maintenance 23 objects Included in 192.00
Start-UD Fee
VPN ConcentratorOplion to include management and Included in Ineluded in
Hardware Allocation configuration of VPN Tunnel. Start-Up Fee Monthly Access
Fee
Setup, Implementation, NaviLine Migration, HELP Card, I neluded in I neluded in
Services Disaster Recovery Plan for SunGard Public Sector Monthly Access
aoolications Start-Up Fee Fee
..
$ 11.1'7Jl nn c 0""" ^^
Concurrent Sessions - Monthlv Access Fees
12 ASP Shared Environment - 1,200.00
System Total: $ 11 178.00 $ 9.862.00
*Start-Up Fees IS based on use of SunGard Pubhc Sector's ASP Implementation Methodology.
* *Number of Concurrent Sessions listed above used in the calculation for the Monthly Access Fees. Changes to the number of
Concurrent Sessions may impact the Monthly Access Fee.
3. Payment Terms:
Start-Up Fee:
Due upon execution of this Order Fonn.
Monthly Access Fee:
The initial Monthly Access Fee will be due December 1,2008. Subsequent Monthly Access Fees
will be due on the first of the month thereafter. Monthly Access Fees will be invoiced in advance on a
monthly basis for a tenn of sixty (60) months at the rates listed below.
ASP Agreement, Schedule A - Order Form
VerOl.01.08
Page I of2
LAPO-Og 1240 ASP Order Form.doc
10/27/2008
Months 1 - 12 $ 9,862.00 per month or $118,344.00 per year;
Months 13 -24 $10,256.00 per month or $123,072.00 per year;
Months 25 - 36 $10,666.00 per month or $127,992.00 per year;
Months 37 -48 $11,093.00 per month or $133,] 16.00 per year;
Months 49 - 60 $ 11,537.00permonth or $138,444.00 per year;
Following the initial term, Services will be provided on a year-to-year basis provided the Customer
exercises the option and pays the then current Monthly Access Fee.
Travel and Living Expenses: Travel and living expenses are in addition to the prices quoted above and will be invoiced as
incurred and shall be governed by the SunGard Public Sector Corporate Travel and Expense
Reimbursement Policy. Travel and living expenses actually incurred in prior months for which
SunGard Public Sector is seeking reimbursement, shall also be invoiced monthly.
Note: Following the execution of this Schedule A-Order Form, any Retrofit Modifications provided by SunGard Public Sector will
be added to the next annual renewal period, pursuant to Section 6 below.
4. Maintenance Credit: Customer has been invoiced annual maintenance (Invoice #884347), for the products and services listed in
the "Existing Products (Currently Licensed)", "Existing Third Party (Currently Licensed)" and "Retrofit Maintenance" sections
above, in the amount of$87,415.00 for the period of October 1,2008 through September 30, 2009. A credit in the amount of the
unused portion of maintenance paid by Customer shall be applied toward Customers Monthly Access Fee. The unused portion
of paid maintenance will consist of the amount unused as of December ],2008.
5. Maintenance Termination: Upon commencement of billing for the Monthly Access Fee, Customer acknowledges the
termination of their current maintenance billing for the above listed applications in the "Existing Products (Currently Licensed)"
and Retrofit Maintenance section(s). SunGard Public Sector shall continue to provide Customer with maintenance of these
products until the transition to the ASP Environment is complete, at which time maintenance will be terminated.
6. Modification Retrofits. For each non-standard Application in library HTEMOD that was written by SunGard Public Sector or
any Application that has had custom modifications performed by SunGard Public Sector at the Customer's request, SunGard
Public Sector will perform all necessary programming to ensure that the program is compatible with each new software release,
version, or program temporary fix made available by SunGard Public Sector. Fees for Modification Retrofits to be maintained
are determined on an annual basis. This determination is based upon the number of modified objects prior to the beginning of
each annualized ASP Term multiplied by the then current rate charged per object.
7. Hardware: Customer is responsible for providing the DMS Server. The DMS Server shall reside at Customers site for ease of
management. The VPN Concentrator Option includes a router, which will be provided by SunGard Public Sector to Customer.
The router is, and shall remain, the property of SunGard Public Sector.
The VPN Concentrator requires a CISCO branded VPN capable device, which will be provided by Customer and is the property
of Customer.
The terms and conditions contained in this Schedule A - Order Form, including the prices, will be honored as set forth herein,
provided this Schedule A - Order Form is fully executed by November 21, 2008.
The attached Standards Sheet is applicable to the services ordered above.
,CITY OF LA PORTE, TX
Print Name & Title
SUNGARD PUBLIC SECTOR INC.
~
Authorized Signatur
e..e.tC~~ ~~
Print a\ne & Title .
Authorized Signature
Date
October 27,2008
Date
ASP Agreement. Schedule A . Order Form
VerOl.Ol.08
Page 2 of2
LAPO-081240 ASP Order Fonn.doc
10/27/2008
SUNGARDe PUBLIC SECTOR
CLIENT SERVICES
ASP iSeries Standards Sheet
(Attachment to Schedule A - Order Form)
1. Terminology
Host Computer System
All hardware and software hosted by SunGard Public Sector Inc.
on behalf of the customer. This includes the iSeries, Wintel
servers and preferred 3rd party software.
Internet Service Provider
The individual designated by SunGard Public Sector Inc. who is
responsible for the operation of the Host Computer Systems
Windows operating system using an Intel processor
ISP
System Administrator
WinTel
2. System Availability
The scheduled hours of availability for the Host Computer Systems are 24 hours per day Monday -
Saturday. The system is reseNed for maintenance on Sundays from 12 a.m. - 5 p.m., customer local
time. There are special considerations for software updates and emergency situations; please
reference Sections 4.3 and 4.4 (Maintenance and Upgrades) for details.
3. System Backups
3.1. Daily System Backups
Daily data backups will begin at 12 a.m. (Customer local time) Monday through Friday. These
backups consist of all SunGard Public Sector Inc. customer data. The system will be available
during the daily backup.
3.2. Weekly System Backups
Weekly system backups will begin at 12 a.m. (Customer local time) on a day appropriate to the
week being backed up. At this time a full system backup will be performed. These backups
consist of all SunGard Public Sector Inc. customer data, program files, source files. and other
necessary Customer data. In addition all AS400 system, Operating System, Security, and Data
will also be backed up via a Restricted State backup. During this time access to the AS400 and
its applications will not be available.
System backups will be rotated to an off-site storage facility on a daily basis.
3.3. Night Processing
Specified processor-intensive jobs, as determined by SunGard Public Sector Jnc., may be
required to be run during the night processing time frame of 8 p.m. to 11 :59 p.m. to ensure that
acceptable system performance standards are met. Examples of these jobs include such things
as Utility Bill generation and Tax Notice generation. This is also to make sure the processes are
finished before nightly backups occur.
ASP iSeries Standards Sheet
Version 1.7
3.4. Restores
Individual Customer restores will be performed on an as needed basis taking into consideration
both Customer and Host Computer Systems functionality, availability, and necessity.
4. System Administration
SunGard Public Sector Inc. will provide for system administration of the Host Computer Systems
(including the host iSeries system and associated host site hardware and communications
infrastructure), including but not limited to:
4.1. System Monitoring
The Host Computer Systems will be monitored on a 24-hour basis through the use of automated
monitoring software and/or hardware as selected by SunGard Public Sector Inc.. System
operations to be monitored include:
. Subsystems - to ensure they are active, operational, and without pending errors messages.
. Job queues - to ensure they are active, operational, and attached to the correct subsystems.
. Critical system messages - Monitoring for hardware errors, system functionality errors,
operating system errors, system integrity errors, etc
. System and Network Information - Samples of system and network information to be
monitored include:
. DASD (Disk storage)
o Total utilization
o RAID protection
o Drive failures
o Disk drive error rates
. CPU Utilization
. Total number of jobs in the system
. Interactive response time
. Communication line availability
. Internet Connectivity from the Host Computer Systems to the Internet
. Memory pool faults
. Security violation attempts
. System service starts and ends
. Backup completion
. UPS monitoring
. Other pertinent system information as determined by SunGard Public Sector Inc.
4.2. System Maintenance
SunGard Public Sector Inc. will prOVide all necessary Host Computer Systems and network
maintenance as deemed appropriate and necessary by the System Administrator and/or
associated staff. Appropriate and necessary maintenance shall be determined through the use
of standard iSeries and network monitoring and performance analysis tools.
4.3. Software Maintenance and Upgrades
Software maintenance and upgrades will be performed outside of standard business hours
whenever possible.
Emergency situations will be handled on a case-by-case basis in such a manner as to provide
the least possible disruption to overall system operations and availability without negatively
affecting system stability and integrity.
@ 2005 by SunGard Public Sector Inc.
- Proprietary & Confidential -
Page 2 of 6
10/23/2008
ASP iSeries Standards Sheet
Version 1.7
All parties will have advanced notice of such upgrades and any emergency updates will
have customer approval before being done.
4.3.1. IBM
IBM licensed program fixes and upgrades, including cumulative PTF's, shall be applied to
the host iSeries system as required to maintain operating functionality and currency.
These PTF's will be temporarily applied until their effectiveness is determined. Non-
emergency IBM PTF applications will be performed outside of normal business hours.
4.3.2. Wintel
Wintel server service packs, patches and updates shall be applied as necessary to ensure
integrity of the system(s), system data and associated operating environment. Patches
deemed critical in nature by SunGard Public Sector Inc. of system/software vendors shall
be applied as soon as possible to prevent system corruption, penetration, degradation etc.
4.3.3. SunGard Public Sector Inc. Applications
Upgrades and updates to SunGard Public Sector Inc. Applications on both the IBM iSeries
and Wintel platforms will be performed on scheduled dates during the year.
4.4. Hardware Maintenance and Upgrades
Hardware maintenance and upgrades will be performed outside of standard business hours
whenever possible.
Emergency situations will be handled on a case-by-case basis in such a manner as to cause the
least possible disruption to overall system operations and availability without negatively affecting
system stability and integrity.
The primary Customer contact will be notified, when possible, via the on file e-mail address.prior
to hardware upgrades being performed.
4.5. System Security (Logical)
System security values will be set to provide for system integrity and data security as deemed
appropriate by SunGard Public Sector Inc.. This will include such items as password length and
makeup, change intervals, system security level, etc.
User profiles, with all object authority, will be limited to the standard system security profile and
the System Administrator profile. Sign-on information for these two profiles will be secured with
the Director of SunGard Public Sector Inc. or his designee and the System Administrator.
Customer user profiles will only have access to appropriate Customer data.
Security auditing will be enacted to provide for the ability to audit security violations, changes.
etc., with periodic system security reviews conducted by SunGard Public Sector Inc..
Host site security will include implementation of an industry standard firewall, secure sockets
layer, virtual private networks, IP address translation, and/or a combination thereof.
@2005 by SunGard Public Sector Inc.
-- Proprietary & Confidential --
Page 3 ot6
10/23/2008
ASP iSeries Standards Sheet
Version 1.7
4.6. Non.Preferred Third Party Software
SunGard Public Sector Inc. has partnered with a number of third party vendors for purposes such
as time & attendance, form printing, mapping, etc. For any non-preferred third party vendors,
SunGard Public Sector Inc. will be responsible for the following:
o Initial loading of software
o Periodic upgrades/service packs
o Technical support for related iSeries issues
Exclusions: SunGard Public Sector Inc. does not support the user interface for non-preferred
third party software. Troubleshooting will be performed by the customer and third party.
5. Hardware Requirements
The following are minimum hardware requirements to enable Customer to access the host site iSeries
system. These requirements do not take into account any local any network configuration or
requirements, which are the responsibility of Customer.
5.1. Personal Computers
Each personal computer that will access the ASP environment should achieve the following minimum
hardware requirements for access:
o Pentium 4 or greater processor
o 2 GB storage
o 1 GB RAM (Increasing RAM will help increase system performance)
o Properly configured network interface card
o Microsoft Windows 2000 Pro (SP4 or higher) or XP Professional Edition with all SP's installed
o Microsoft Internet Explorer 6.0 or higher
o Sun Java 1.6
o Screen resolution 1024 x 768 or better
o Monitor, mouse and keyboard
o rBM iSeries Access for Windows v5r4 (This version can be provided to you by SunGard PS) with
the latest available Service Pack.
SunGard Public Sector Inc. will not support any hardware that does not meet the
minimum requirements
5.2. Printers
Type Supported
Must be rBM certified.
Microsoft Certified Printers:
Local httos:/lwinaual. microsoft.com/HCUProductList.aspx?m=x&a=d&cid=900&f=86d
(PC IBM Certified Printers:
attached) htto:/Iwww-
912. ibm .comls dirlslkbase. NSF /0888cc5d 18fceca58625680b005dc690/b44a2cf4ba 778d838
625682500536491?00en Document
Most printers with an available Ethernet connection and that are part of the approved IBM
Network Certified Printer list can be used in the ASP environment. ...NOTE... All-in-One
Printer/Fax/Copier machines are not recommended.
Any existing client Twinax printer that needs to be used in the ASP environment will require
Twinax that a BOSANOVA e- Twin ax controller be purchased by the client for network printing to be
successful.
htto:/Iwww. bosanova. neVlwinaxcontroller/index.html
@2005 by SunGard Public Sector Inc.
-- Proprietary & Confidential-
Page 4 of6
1 0/23/2008
ASP iSeries Standards Sheet
Version 1.7
All others
Other printers will be evaluated on a case-by-case basis for compatibility with the ASP
environment.
There are 2 options to deal with printing in the ASP environment:
Option 1: Utilize local print sessions that are configured and run via IBM iSeries Access for
Windows. They can print to any networked, shared or locally attached printer that the Windows
machine they are run on can see.
These sessions are easy to setup, however these sessions must be signed in and running for
printing to work.
Some clients run all print sessions on a dedicated machine for ease of management. However,
any non-shared locally attached printer, including Cash Receipts printers, must be run directly on
the machine to which the printers are attached.
Option 2: Print directly via TCP/IP. In this setup the client will provide a unique static Public IP
Address for each printer they want to print in this manner.
These are generally high traffic printers that customers do not want to be run on a print session.
Also, any IPDS printing MUST be setup as an IP printer.
Option 2.1: Print directly via TCPIIP, but utilizing just one unique static Public IP Address. Each
configured printer will use the same IP address, but a different port to print to. The clients firewall
will then utilize port forwarding to direct the traffic to the correct printer.
Most clients utilize a combination of these methods. It is a customer's internal decision based on
available Public IP addresses, current infrastructure and other needs.
We can work with any of these methods.
5.3. Recommended Customer Connectivity
Internet bandwidth is determined by the customer. It is based on Saturation level: a combination
of connection speed, number of users on the system, size of files being accessed over the
internet, etc. SunGard Public Sector Inc. strongly requires the following minimum setup:
o Minimum 1.5 MB internet connection (T1 or other telecom provided service is
preferred over cable or DSL) Responsiveness is directly affected by
connectivity selected.
o For clients who require site to site VPN, we require that the client have a Cisco
branded VPN enabled device on their site.
o Recommended redundant internet connection in case the primary connection
goes down.
o Dial up and wireJess connections are not supported.
5.4. Recommended Customer Hardware
An industry standard firewall used to protect the customer's internal network is required for
connectivity into the ASP network.
6. Performance Analysis of Customer's Current SunGard Public Sector Inc. Environment
A Customer's current environment will be reviewed prior to the ASP transition. Ideally Customers will
transition to ASP on the latest version of SunGard Public Sector Inc. code. If a Customer is not on the
latest version of SunGard Public Sector Inc. code, the current environment will be reviewed to
determine if it can handle an upgrade before transitioning to ASP.
@ 2005 by SunGard Public Sector Inc.
- Proprietary & Confidential -
Page 5 of 6
10/23/2008
ASP iSeries Standards Sheet
Version 1.7
Items reviewed include: Current iSeries OS version, available disk space, current processing power,
and current SunGard Public Sector Inc. version.
7. Host Site Performance
Performance monitoring and tuning will be performed as necessary to maintain an average in network
interactive response time of 2.0 seconds or less when measured over a 1-hour period during normal
business hours. "In network" is defined as any point between which the data packet enters the
SunGard Public Sector Inc. environment and subsequently departs the SunGard Public Sector Inc.
environment. Any point of communications outside of the SunGard Public Sector Inc. protected network
environment, including DMZ, shall be deemed as "out of network."
iSeries, Wintel server and associated network infrastructure performance monitoring will be conducted
on a regular basis. Monitoring shaH be done during (no less than) four randomly selected one-hour
periods within each calendar month. A summary of the performance statistics shall be made available
for Customer review upon Customer request, including available predictive performance data where
available.
SunGard Public Sector Inc. is not responsible for Internet connectivity and/or performance outside the
internal SunGard Public Sector Inc. host site infrastructure.
8. Standard Application Support
SunGard Public Sector Inc. provides standard Application Support 24 hours a day, 365 days per year.
The toll-free support line is 1-800-695-6915 and the email address is asptechsuoot(ci)hteinc.com .
9. System Hardware Support
Host site technical hardware and host operating system support shall be provided 24hours a day, 365
days per year. This includes support for technical issues related to Host Computer Systems access,
hardware operations, and Host Computer Systems functionality.
SunGard Public Sector Inc. is not responsible for Customer hardware, non-SunGard Public Sector Inc.
related software, Internet access, and/or connectivity issues. SunGard Public Sector Inc. will provide
guidance to Customer in obtaining technical support for on-site hardware and connectivity issues.
@ 2005 by SunGard Public Sector Inc.
-- Proprietary & Confidential -
Page 6 of 6
10/23/2008
SUNGARDOPUBLlC SECTOR
Sun Gard Public Sector Inc. Application Service Provider Agreement
Effective Date (copy from signature page):
CUSTOMER NAME AND ADDRESS:
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
(Customer named above is hereinafter referred to as "Customer")
This Application Service Provider Agreement (the "Agreement"), is made and entered into by and between SunGard Public Sector Inc. ("SunGard
Public Sector") and Customer on the day and year written following the execution hereofby SunGard Public Sector.
SunGard Public Sector and Customer agree that all services to be provided by SunGard Public Sector to Customer hereunder shall be furnished only
under the terms and conditions of this Agreement and any "Schedule A - Order Form". The terms of this Agreement and any "Schedule A - Order Form" shall
control notwithstanding any contrary provision of any purchase order used by Customer to effect the furnishing of any software or services by SunGard Public
Sector to Customer.
I. Definition of Terms. As used herein:
1.1. "Applieation(s)" means the software system(s) to which Customer has requested access and paid therefor, listed on Schedule A - Order Form,
including, but not limited to, all computer programs and related documentation, and any modifications thereto.
1.2. "Conversion" means the process by which Customer data is transformed to a usable SunGard Public Sector operational format. Conversion is an
optional, not mandatory, service offered by SunGard Public Sector.
1.3. "Effective Date" means the date on which SunGard Public Sector executes this Agreement
1.4. "Host Computer Systems" means SunGard Public Sector's hardware and software, located on SunGard Public Sector's premises, which is
maintained and supported by SunGard Public Sector and utilized to provide the Access services hereunder.
1.5. "Implementation" means the processes by which Customer prepares Customer's operating procedures and personnel for transition to the
Applications. Customer is primarily responsible for the preparation of its personnel and procedures, assisted by SunGard Public Sector as provided for
herein. Implementation is a part of Start-Up Assistance.
1.6. ''Schedule A - Order Form" means an attachment to this Agreement, which is a supplement to this Agreement for all purposes. Unless otherwise
stated in any Schedule A - Order Form, all terms and conditions stated in this Agreement shall remain in effect.
1.7. "Standards Sheet" means an attachment to Schedule A - Order Form, which provides the most current information supplemental to this
Agreement, such as hours of operation and support and Customer hardware requirements.
1.8. "Start-Up Assistance" means the combination of Implementation and Training services.
1.9. "Training" means the classes held by SunGard Public Sector to instruct Customer in the use of the Applications. Training is a part of Start-Up
Assistance.
2. Access Services and Start-Up Assistance. SunGard Public Sector agrees to provide access to the Applications (hereafter referred to as "Access")
requested by Customer on Schedule A - Order Form (or any supplemental or replacement Schedule A) for the number of terminals indicated so long as Customer
is current in its payment obligations hereunder. Customer agrees to pay the fees for Access ("Access Fees") as provided on Schedule A - Order Form. Customer
agrees that Customer's Access to the Applications shall be for Customer's sole use and not for any third party.
2.1. Hours of Operation. SunGard Public Sector shall publish its hours of operation on the Standards Sheet and shall keep Customer apprised of any
changes thereto.
2.2. Improvements and Changes. SunGard Public Sector will install upgrades, new software releases and enhancements, error corrections, upgrades
to third party operating system software, and upgrades to hardware, as necessary, for the Host Computer Systems.
2.3. Start-Up Assistance. SunGard Public Sector will provioo Start-Up Assistance to Customer and Customer agrees to pay to SunGard Public Sector
the Start-Up Fees as provided on Schedule A - Order Form. SunGard Public Sector's most CWTent information with regard to Start-Up Assistance is
published on SunGard Public Sector's Standards Sheet Customer agrees to reimburse SunGard Public Sector for actual, reasonable travel and living
incurred by or on behalf ofSunGard Public Sector and its personnel in furnishing the Start-Up Assistance. Any such travel and living expenses shall be
billed by SunGard Public Sector to Customer on a monthly basis and govemed by the SunGard Public Sector Travel Policy.
2.4. Optional ConversIon Services. At Customer's option, SunGard Public Sector will provide Conversion services. If Customer elects Conversion
services, Customer shall provide data to SunGard Public Sector in a compatible format acceptable to SunGard Public Sector, and on media specified by
SunGard Public Sector.
3. Term of Agreement This Agreement is effective on the Effective Date. The initial term of this Agreement ("Initial Term") shall begin on the
Effective Date and shall continue for the period stated on the Schedule A - Order Form, executed on even date herewith, beginning after the date the initial
Monthly Access Fee is due. At the end of the Initial Term, Services will be provided on a year-to-year basis proviood the Customer exercises the option and pays
the then current Monthly Access Fee.
4. Charges for Services.
4.1. Customer agrees to pay SunGard Public Sector Access and Start-Up Fees in accordance with Schedule A - Order Form. No more frequently than
once per year, SunGard Public Sector shall have the right to adjust the Monthly Access Fees. For the Term of this Agreement only, any increase in monthly
Access fees shall be limited to no more than 4% compared to the preceding year's fees. SunGard Public Sector may adjust other fees at any time.
Travel and living expenses acrually incurred in prior months for which SunGard Public Sector is seeking reimbursement shall be invoiced monthly.
SunGard Public Sector ASP Agreement
Rev. 1.01.08
Page 1 of4
LAPO-ASP Agreement Master.doc
10/27/2008
42. Amounts payable to SunGard Public Sector hereunder are payable in full without deduction, or set off: and are net of all sales, use or other taxes or
duties. Customer shall duly and timely pay all taxes and duties, however designated, levied or based upon amounts payable to SunGard Public Sector
hereunder (exclusive of United States Federal, state or local taxes based upon the net income ofSunGard Public Sector). Customer agrees to indemnifY and
hold SunGard Public Sector harmless from any such taxes or duties which any federal, state or local taxing authority requires SunGard Public Sector to pay
on Customer's behalf It shall be Customer's obligation after payment by Customer to challenge the applicability of any tax if it so desires.
4.3. Customer shall pay for any data commlmications telephone services. If Customer requires special telephone line configurations due to unique
equipment or data requirements, SunGard Public Sector reserves the right to charge for analysis and design of such special configurations.
4.4. SunGard Public Sector may, after having provided Customer with ten (10) days advance written notice, deny Access to Customer until all required
payments due to SunGard Public Sector are received. The provisions of this Subsection 4.4 shall not operate as a waiver of any other remedies SunGard
Public Sector may have.
5. SunGard Public Sector's Obligations. To assist Customer in accessing and using the Applications hereunder, SunGard Public Sector will:
5.1. provide all equipment, software, including changes, updates, and modifications thereto, and services necessary for operation and maintenance
ofSunGard Public Sector's Host Computer Systems;
5.2. provide efficient communication accessibility to the Host Computer Systems;
5.3. provide information regarding data back-up procedures, security, and other functions as reasonably requested by Customer;
5.4. operate and maintain the Applications and allow Customer access and use thereof. If third party software is included in or with the
Applications, SunGard Public Sector will identifY separate access or use restrictions or additional payment obligations associated therewith in
Schedule A;
5.5. provide Start-Up Assistance described in Schedule A pursuant to Section 2 hereof;
5.6. offer Conversion services;
5.7. provide Application support and system support; and
5.8. publish system availability and support hours as well as host targeted response time.
6. Customer's Obligations. In order to enable SunGard Public Sector to perform its obligations hereunder, and as a condition precedent to SunGard
Public Sector's obligations to perform hereunder, Customer shall:
6.1. within ten (10) days following the execution ofthis Agreement, designate a primary and a secondary contact, including telephone numbers and e-
mail addresses;
6.2. exercise all due diligence in the performance of its obligations hereunder in connection with the Start.Up activities and subsequent access to and
use of the Applications;
6.3. develop and implement proper audit controls, balancing procedures, operation methods and sufficient procedures to satisfY its requirements for data
security, accuracy of input, and verification of output, including security access control for Customer's users ofthe Applications; and
6.4. adhere to hardware and communications requirements as published in the Standards Sheet;
6.5. in the course of Customer's daily operations, input data, perform balancing activities, generate reports, mainrain data integrity; and be responsible
for ensuring the input data is accurate and meets the standard specifications provided by SunGard Public Sector for such data;
6.6. maintain documents of original entry, source data and other backup media sufficient tbe file and input data re-creation in order to mitigate against
the possibility ofloss of input data and Customer dara maintained by SunGard Public Sector;
6.7. use standard forms as required by SunGard Public Sector; and
6.8. provide for Internet connectivity.
7. Representations, Warranties and Umltation of Liability.
7.1. SunGard Public Sector represents that it is the owner of all Applications used in the performance of services hereunder, or is an authorized
licensee with the right to engage in the delivery of such services, and such software or licenses thereto have been lawfully acquired by SunGard Public
Sector.
72. SunGard Public Sector warrants that the Application(s) wiII perform in substantial compliance with its then current documentation. SunGard
Public Sector warrants that in the provision of services hereunder, SunGard Public Sector will use employees, agents or contractors who are adequately
trained and who possess the requisite skills and professional knowledge to provide assistance in utilizing the Applications.
7.3. SunGard Public Sector assumes no liability for any hardware or other third party products beyond manufacturers' warranty specified in the
supplemental Schedule A-Order Form(s). Customer acknowledges that these products were selected by Customer to support features desired by Customer,
and that they are included in the Agreement solely for that purpose.
7.4. In the event an Application is found to not substantially conform to its then-current documentation, Customer shall so advise SunGard Public
Sector and SunGard Public Sector shall diligently pursue resolution of the discrepancy between the Application and its documentation.
7.5. IN NO EVENT SHALL SUNGARD PUBLIC SECTOR BE LIABLE TO CUSTOMER FOR INCIDENTAL OR CONSEQUENTw.. DAMAGES
ARISING UNDER THIS AGREEMENT. In no event shall SunGard Public Sector be liable to Customer for other damages arising under this Agreement
unless such damages result from intentional misconduct or gross negligence on the part ofSunGard Public Sector's officers or employees, in which event
SunGard Public Sector's aggregate liability under the Agreement will be limited to the lesser of either (a) actual damages resulting directly from such
conduct, or (b) the amount of Access Fees actually paid to SunGard Public Sector by Customer hereunder during the three (3) months immediately
preceding the month in which the liability accrued.
7.6. THE PROVISIONS HEREOF ARE IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED AND WHETHER OF MERCHANTABILITY,
FITNESS OR OTHERWISE. THE REMEDIES HEREIN CONTAINED ARE EXCLUSIVE AND CUSTOMER W AlVES ALL OTHER REMEDIES.
8. Confidentiality of Customer's Information.
8.1. SunGard Public Sector acknowledges tbat Customer regards as confidential and as a proprietary asset any information or materials that come
to the anention of SunGard Public Sector by reason of (a) the presence of SunGard Public Sector's agents, employees, or representatives at Customer's
site, or (b) SunGard Public Sector furnishing services to Customer in connection with this Agreement (such information, materials, nnd records
collectively being referred to as "Customer's Contidential or Proprietary Information").
SunGard Public Sector ASP Agreement
Rev. 1.01.08
Page 2 of4
LA PO-ASP Agreement Master.doc
to/2712008
8.2. SunGard Public Sector agrees to safeguard Customer's Confidential or Proprietary Information by holding it in strict confidence, disclosing it
only to those employees, agents or contractors who have a need to know in order to provide Access as agreed upon. In the event that a subpoena or
other legal process that in any way concerns Customer's Confidential and Proprietary Information is served upon SunGard Public Sector, then
SunGard Public Sector agrees to notify Customer in the most expeditious fashion possible following receipt of such subpoena or other legal process,
and SunGard Public Sector will reasonably cooperate with Customer, as requested by Customer, to contest the legal validity of such subpoena or other
legal process (provided that CustOlrier agrees to pay any expense SunGard Public Sector incurs in so doing).
8.3. SlmGard Public Sector agrees to take all reasonable steps to prevent the disclosure, publication or dissemination of Customer's Confidential or
Proprietary Information to any other person or entity, except where and to the extent specifically required by law.
8.4. The provisions ofthis Section shall survive termination of this Agreement.
9. Security of Customer's Data; Access to SunGard Public Sector's Facility. SunGard Public Sector will provide data security procedures which
will include backup of all magnetically stored data kept or processed for Customer using the Applications, in a reasonable manner determined by SunGard Public
Sector in keeping with generally accepted industry practices. Upon reasonable notice and during regular business hours, Customer may request admission to
SunGard Public Sector's facility. SunGard Public Sector will not unreasonably refuse such access. Any non-SunGard Public Sector personnel who are granted
access to SunGard Public Sector's facility shall comply with the physical security procedures instituted by SunGard Public Sector.
[0. Credit Toward In-house Licensing. As used in this Paragraph 10, "[n-house Licensing" means procuring through SunGard Public Sector's standard
license agreement, the right for Customer to run a copy ofthe Applications that are owned by SunGard Public Sector for Customer's use only, on hardware owned
or leased by Customer at a facility which is owned or controlled by Customer. In the event Customer desires to run the Applications owned by SunGard Public
"ector in-house (and has not previously procured a license for such in-house use), SunGard Public Sector will discount Customer's in-house licensing fees for the
Appiications owned by SunGard Public Sector by an amount equal to one percent (I %) of the licensing fees for each month Customer uses Access services, up to
a maximum discount of sixty percent (60"10). In order to quali/)' for said credit, Customer must not be in breach hereof, must have provided tennination notice
pursuant to the terms of this Agreement, must enter into SunGard Public Sector's standard license agreement, and must have paid all fees required to be paid to
SunGard Public Sector. Maintenance and support services for the Applications that are owned by SunGard Public Sector will be available to Customer (and are
recommended by SunGard Public Sector) under the tenns ofSunGard Public Sector's standard maintenance agreement. In the event SunGard Public Sector
terminates this Agreement pursuant to Section 15.2 hereof, SunGard Public Sector shall provide the Applications owned by SunGard Public Sector to Customer
for In-house Licensing at no additional charge for license fees, provided however that Customer enters into SunGard Public Sector's standard license agreement;
Customer pays any fees required to be paid to SunGard Public Sector under this Agreement; and Customer is not in breach of this Agreement.
I I. Contingency Planning. The parties' responsibilities with respect to contingency planning will be as follows:
11.1. SunGard Public Sector will develop, maintain and, as necessary in the event of a disaster, execute a disaster recovery plan (the "SunGard
SunGard Public Sector Plan") for SunGard Public Sector's hardware and Applications.
11.2. SunGard Public Sector will provide to Customer such infonnation as may be reasonably required for Customer to assure that Customer's
disaster recovery plan is compatible with the SunGard Public Sector Plan.
11.3. Each party will be responsible for the training of its own personnel as required in connection with all applicable contingency planning activities.
12. Record Retention. It is Customer's sole responsibility to ensure that its records and data meet its retention requirements. SunGard Public Sector will
provide, as a standard, record retention for a period of three (3) years. If Customer requests, SunGard Public Sector will provide longer record retention to
Customer at SunGard Public Sector's then-current fees for such service.
13. Customer Insurance Responsibility. If Customer desires to obtain insurance protection against any losses incurred due to loss of input data during
transmission or delivery or from errors resulting from defects in, or malfunctions of, the mechanical or electronic equipment used by Customer, Customer may do
so at Customer's expense and SunGard Public Sector agrees to cooperate with Customer in obtaining such insurance.
14. Intellectual Property.
14.1. All computer programs, including the Applications, related documentation, written procedures, copies of transcripts, and similar items are
proprietary to and shall be considered trade secrets and confidential infonnation ofSunGard Public Sector or SunGard Public Sector's vendors. Customer
agrees that it will not disclose to any third party at any time (eilher during or after termination of this Agreement) any trade secrets or any other secrets or
confidential infonnation learned by Customer in connection with this Agreement. All documentation shall be returned to SunGard Public Sector upon
tennination of this Agreement All original input data items remain the property of Customer and will be returned pursuant to Customer's instructions, so
long as Customer is not in breach of this Agreement. Customer shall retain or destroy all original input documentation and other documentation in
accordance with its own procedures.
14.2. The provisions of this Section shall survive tennination of this Agreement
15. Termination.
15.1. Further Customer may terminate this Agreement for cause in the event that SunGard Public Sector materially or repeatedly defaults in the
performance of any of its duties and obligations under this Agreement, subject to the following: (i) Customer shall provide written notice to SunGard
Public Sector of it's intent to terminate this Agreement, speci/)'ing in detail the cause for the default (hereinafter a "Material Default Notice"); (ii) upon
receipt of a Material Default Notice, SunGard Public Sector shall promptly commence curing the specified default (or demonstrate that the default did
not occur), provided that the period of time to cure the default (the "Cure Period") shall not exceed ninety (90) calendar days, if the cause cannot
reasonably be cured within the aforesaid Cure Period, the parties may extend the cure period by mutually agreeing upon a reasonable plan and
program for curing the cause); (iii) if the cause is not cured within the prescribed or agreed upon Cure Period. Customer party may then immediately
terminate this Agreement by providing a written notice to the other, stating the cause for lennination, and such notice shall not require a cure period.
15.2. If after any tennination or expiration ofthis Agreement Customer converts to a different vendor's applications, SunGard Public Sector will
provide, upon payment ofSunGard Public Sector's then-current standard deconversion fee, reasonable assistance and documentation for such deconversion
in order to assist Customer in removing its information and placing said information in SunGard Public Sector's standard fonnat for input to the other
vendor's applications. In the event Customer requests a non-standard deconversion, SunGard Public Sector shall be entitled to receive compensation for
consultation, software and documentation provided to assist in the deconversion on a time and materials basis at the standard prevailing rate then charged
by SunGard Public Sector for such services.
SunGard Public Sector ASP Agreement
Rev. 1.01.08
Page3 of 4
LAPO-ASP Agreement Master.doc
10/2712008
16. Choice of LawlDispute Resolution. This Agreement shall be governed by laws of the State of Florida. Prior to either party commencing any legal
action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after
forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the
other. Each party hereto agrees to submit to the personal jurisdiction and venue of the state and/or federal courts in or for Seminole County, Florida
for resolution of all disputes in connection with this Agreement.
17. Notices. Any notice, request, demand, or other communication required or permitted hereunder will be given in writing, communication charges prepaid, to
the party to be notified. All communications will be deemed given when received. The addresses for the parties for the purposes of such communication
are:
If to Customer.
To the address shown on Page I of this Agreement.
Ifto SunGard Public Sector:
SunGard Public Sector Inc.
1000 Business Center Drive
Lake Mary, Florida 32746
ATTENTION: Contracts/Legal Counsel
A party may change its address only upon written notice to the other party in which case this Agreement will be deemed to have been so modified.
18. Force Majeure. Neither party shall be in default by reason of any failure in the performance of this Agreement if such failure arises out of causes beyond
its reasonable control. Such causes may include, but are not limited to, acts of God, acts of the public enemy, acts of government in either its sovereign or
contractual capacity, acts of the party whose performance is not sought to be excused, fires, flood, weather, epidemics, quarantine restrictions, strikes, freight
embargoes, failure of transmission or power supply, mechanical difficulties with equipment which could not have been reasonably forecasted or provided for, or
other causes beyond its sole control. The party so affected will resume performance as soon as practicable after the force majeure event terminates.
19. Contractual Documents. This Agreement, along with its Schedule A - Order Form, the Standards Sheet, and any supplements or modifications thereto,
contains the complete agreement between the parties with respect to the subject matter hereof. No additional representations, agreements or modifications or
amendments to 1I1is Agreement hereafter made by a party shall be binding upon either party unless in writing and signed by Customer and accepted in writing by
an authorized officer of SunGard Public Sector at its offices in Lake Mary, Florida.
CITY OF LA PORTE, TX
SUNGARD PUBLIC SECTOR INC.
Authorized Signature
-~gi
Authorized Signature
~
Print Name & Title
Q, .(1.rlii<2~L.~ f C?..o""""Tt...t'\ ~ .J
Print N~' itle
Date
October 27,2008
Date
SunGard Public Sector ASP Agreement
Rev. 1.01.08
Page 4 of4
LAPO-ASP Agreement Master.doc
J0/27/2008
22
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 10. 2008
ADDroDriation
Requested By: Ron Bottoms, City Mana2er
Source of Funds: NtA
Department: Administration
Account Number: NtA
Report:
Resolution: X Ordinance:
Amount Budgeted: Nt A
Exhibits:
Resolution 2008-
Amount Requested: N/1\
Exhibits:
Aerial MaD
Budgeted Item: Yes No
Exhibits:
SUMMARY & RECOMMENDATION
Staff met with TXDoT to negotiate agreement for the City of La Porte to assume responsibility
for West Main Street from SH146 (BF 146D) to Broadway and South Broadway to Wharton
Weems. The negotiation was successful and they have agreed to take to their next Commission
Meeting for final approval. After final approval, they will turn this over to the City, which will
be shortly after the first of the year.
Action Required bv Council:
C s er approval of a Resolution approving the City to assume responsibility of these above
entio ed roadways from TXDoT.
II I~ !oJ
Date ~
RESOLUTION NO. 2008- I ~
A RESOLUTION REQUESTING THAT A PORTION OF STATE HIGHWAY
BUSINESS 146 BE REMOVED FROM THE STATE HIGHWAY SYSTEM,
FROM WHARTON WEEMS BOULEVARD TO STATE HIGHWAY 146 (BF
146D); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, State Highway Business 146 traverses through the City of La Porte;
WHEREAS, a portion of State Highway Business 146 includes the City's Main Street
district;
WHEREAS, the City of La Porte desires to increase economic development within the
City's Main Street district, including planned development within the existing State
Highway Business 146 right-of-way;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. The City of La Porte requests that State Highway Business 146 (BF 146D)
from the North right-of-way line of Fairmont Parkway Northward and Westward
(Broadway and Main Street) be removed from the State Highway System effective
January 1,2009. Also, the City requests that State Highway Business 146 from the North
right-of-way line of Fairmont Parkway to the North right-of-way line of Wharton Weems
Boulevard be removed from the State Highway System no later than six (6) months after
the state has overlayed and striped this segment based on a formal agreement between the
City of La Porte and the Texas Department of Transportation.
It is also understood that the State may re-designate the remaining portions of State
Highway Business 146 and Spur 501.
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 resolution and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Resolution shall be effective upon its passage and approval.
Passed by the City Council this 10th day of November, 2008.
CITY OF LA PORTE
~'U
. . J~)~
Alton E. Porter
Mayor
ATTEST:
LfJ1dd1<4d
Martha A. Gillett
City Secretary
APPROVED:
UAT~/;;r
Knox W. Askins
City Attorney
GI1Y OF LA PORTE
HARRIS COUN1Y
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ZAREBA SOLAR FENCE CONTROLLER, 3 MI COVERAGE
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SKU Number: 3604308
Electric Fence Controller; DC, Solar Type; 6-V, 4.5
A Battery; 0.05 Joule; 3 miles Coverage Limit; Black
Color; For Light Weed Conditions; For Controlling All
Animals Including Predators
DETAIL DESCRIPTION
Use low impedance technology to maintain maximum energy levels. They can compensate for energy
loss caused by vegetation or fence load, enabling them to power long fences with moderate weeds.
TECHNICAL SPECIFICA TIONS
Type: DC, Solar
Voltage Rating: 6-V, 4.5 A Battery
Power Rating: 0.05
Coverage Limit: 3
Color: Black
Used For: Light Weed Conditions
Applications: For Controlling All Animals Including Predators
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Tractor Supply Company - Insulator Nail Wood
Page 1 of 1
INSULATOR NAIL WOOD
PRICE: $2.49
SKU Number: 3600469
Nail Insulator; For Electric Fence Wood Posts;
Yellow Color; Polyethylene Material; 25 per Bag
DETAIL DESCRIPTION
Economy insulator with double-headed nail. For use on wood posts. Packed 25 per bag.
TECHNICAL SPECIFICA TIONS
Color: Yellow
Material: Polyethylene
Package Quantity: 25 per Bag
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Tractor Supply Company - Electric Fence Wire 14 Gauge 200 ft
Page 1 of 1
ELECTRIC FENCE WIRE 14 GAUGE 200 FT
PRICE: $8.79
SKU Number: 3615846
Electric Fence Wire; 200 ft, 14 ga (Spool) Size;
Galvanized Steel (Wire) Material; Silver Color
QETAILDESCB1P_T1Q~
200 ft, 14 gauge spool galvanized steel electric fence wire.
TECH~ICAL SPECIFjCA TION.S
Size: 200 ft, 14 ga (Spool)
Material: Galvanized Steel (Wire)
Color: Silver
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Tractor Supply Company - Zareba Solar Fence Controller, 3 mi Coverage
ZAREBA SOLAR FENCE CONTROLLER, 3 MI COVERAGE
PRICE: $99.99
SKU Number: 3604308
Electric Fence Controller; DC, Solar Type; 6-V, 4.5
A Battery; 0.05 Joule; 3 miles Coverage Limit; Black
Color; For Light Weed Conditions; For Controlling All
Animals Including Predators
PET AIL RESCRIPTION
Use low impedance technology to maintain maximum energy levels. They can compensate for energy
loss caused by vegetation or fence load, enabling them to power long fences with moderate weeds.
TECHNICAL SPECIFICA TIONS
Type: DC, Solar
Voltage Rating: 6-V, 4.5 A Battery
Power Rating: 0.05
Coverage Limit: 3
Color: Black
Used For: Light Weed Conditions
Applications: For Controlling All Animals Including Predators
Page 1 of 1
http://www.tractorsupply.com/webapp/wcs/stores/servlet/ProductDisplay _10551_10001_... 11/10/2008
Tractor Supply Company - Insulator Nail Wood
Page 1 of 1
INSULATOR NAIL WOOD
PRICE: $2.49
SKU Number: 3600469
Nail Insulator; For Electric Fence Wood Posts;
Yellow Color; Polyethylene Material; 25 per Bag
DETAIL DESCRIPTION
Economy insulator with double-headed nail. For use on wood posts. Packed 25 per bag.
TECHNICAL SPECIFICA TIONS
Color: Yellow
Material: Polyethylene
Package Quantity: 25 per Bag
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Tractor Supply Company - Electric Fence Wire 14 Gauge 200 ft
Page 1 of 1
ELECTRIC FENCE WIRE 14 GAUGE 200 FT
PRICE: $8.79
SKU Number: 3615846
Electric Fence Wire; 200 ft, 14 ga (Spool) Size;
Galvanized Steel (Wire) Material; Silver Color
OETAILOESCJ31PTIO~
200 ft, 14 gauge spool galvanized steel electric fence wire.
TECHNICAL SPECIFICATIONS
Size: 200 ft, 14 ga (Spool)
Material: Galvanized Steel (Wire)
Color: Silver
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Tractor Supply Company - Zareba Solar Fence Controller, 3 mi Coverage
Page 1 of I
ZAREBA SOLAR FENCE CONTROLLER, 3 MI COVERAGE
PRICE: $99.99
SKU Number: 3604308
Electric Fence Controller; DC, Solar Type; 6-V, 4.5
A Battery; 0.05 Joule; 3 miles Coverage Limit; Black
Color; For Light Weed Conditions; For Controlling All
Animals Including Predators
DETAIL DESCRIPTION
Use low impedance technology to maintain maximum energy levels. They can compensate for energy
loss caused by vegetation or fence load, enabling them to power long fences with moderate weeds.
TECHNICAL SPECIFICATIONS
Type: DC, Solar
Voltage Rating: 6-V, 4.5 A Battery
Power Rating: 0.05
Coverage Limit: 3
Color: Black
Used For: Light Weed Conditions
Applications: For Controlling All Animals Including Predators
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Tractor Supply Company - Insulator Nail Wood
Page 1 of 1
INSULATOR NAIL WOOD
PRICE: $2.49
SKU Number: 3600469
Nail Insulator; For Electric Fence Wood Posts;
Yellow Color; Polyethylene Material; 25 per Bag
DETAIL DESCRIPTION
Economy insulator with double-headed nail. For use on wood posts. Packed 25 per bag.
TECHNICAL SPECIFICA TIONS
Color: Yellow
Material: Polyethylene
Package Quantity: 25 per Bag
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Tractor Supply Company - Electric Fence Wire 14 Gauge 200 ft
Page 1 of 1
ELECTRIC FENCE WIRE 14 GAUGE 200 FT
PRICE: $8.79
SKU Number: 3615846
Electric Fence Wire; 200 ft, 14 ga (Spool) Size;
Galvanized Steel (Wire) Material; Silver Color
DELAILJ:>ESQRJPTlQ~
200 ft, 14 gauge spool galvanized steel electric fence wire.
TECHNICAL SPEClfICAI1QN.S
Size: 200 ft, 14 ga (Spool)
Material: Galvanized Steel (Wire)
Color: Silver
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