HomeMy WebLinkAbout2009-10-12 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council minutes5
MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEEETING
OF THE LA PORTE CITY COUNCIL
OCTOBER 12, 2009
1. Call to order
The meeting was called to order by Mayor Beasley at 6:00 p.m.
Members of City Council Present: Mayor Barry Beasley, Council members Louis Rigby,
Mike Clausen, Tommy Moser, John Black, Daryl Leonard, Mike Clausen, Chuck Engelken,
and Mike Mosteit
Members of Council absent: Georgia Malone
Members of City Executive Staff and City Employees Present:
City Manager's Office: Ron Bottoms, Melisa Lanclos and John Joerns
Legal: Clark Askins
City Secretary's Office: Martha Gillett and Robin Eldridge
Public Works: Steve Gillett
Planning: Tim Tietjens, Isaac Rodriguez, Rodney Slaton and Debbie Wilmore
Police Department: Ron Parker and John Glick
Finance: Phyllis Rinehart
Parks and Recreation: Stephen Barr
Main Street: Stacey Osborne
Others Present: Adam Yanelli of Bayshore Sun, Ted and Kim Powell, Kathryn Aguilar,
Charlotte Wells, Paul Bentley, Phillip Hoot, Norma and Roy Iltis, Terra Gonzales, Leonard
Zlomke, Richard Bardwell, Ray and Mary Key, Jason Leopard, Rosie and Aaron Sweeten,
Don Belgau, Neil Moyer, David Janda, Anita Willis, Jean Stout, Mr. and Mrs. James
Winter, Ginnie Groda, Jessica Newman, Pat Grimes, Mike and Pam Thorn, Jason Bailey,
Mrs. And Mrs. Allen Conkey, Tim and Mary Gomez, David Meen and other citizens.
2. Invocation was given by Father Gary Rickles of St. Mary's Catholic Church.
3. Councilmember Daryl Leonard led the Pledge of Allegiance.
4. Presentations/Proclamations
Ronnie White of the Parks Department was unavailable for recognition as "Employee of
the Third Quarter'.
5. Consent agenda - Any item may be removed by a Councilperson for discussion
A. Council to consider approval or other action of minutes of Special Called Regular
Meeting and Public Hearing held on September 21, 2009 and minutes of Regular
Meeting, Public Hearing and Workshop Meeting held on September 28, 2009 — M.
Gillett.
Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 12, 2009 2 .
B. Council to consider approval or other action regarding an ordinance authorizing a
contract between the City of La Porte and the Port of Houston Authority of Harris
County, Texas for supplemental fire protection at Barbours Cut Facility — (Ord.
3188) — D. Ladd
C. Council to consider approval or other action regarding an ordinance authorizing a
contract between the City of La Porte and the Association of Bayport Companies,
Inc. for emergency medical services in the Bayport Industrial District — (Ord. 3189)
— R. Nolen
D. Council to consider approval or other action regarding an ordinance approving and
authorizing a contract between the City of La Porte and the Port of Houston
Authority of Harris County, Texas for emergency medical services in the Bayport
Industrial District — (Ord. 3190) — R. Nolen
E. Council to consider approval or other action regarding an ordinance authorizing
the Mayor to execute a professional services contract with Perdue, Brandon,
Fielder, Collins & Mott, LLP for the collection of delinquent court fees and fines —
(Ord. 3191) — D. Mitrano
F. Council to consider approval or other action authorizing the City Manager to
execute a contract with Cobb Findley and Associates to provide professional
engineering services for concrete street replacement, waterline replacement and
asphalt overlay — S. Gillett
G. Council to consider approval or other action regarding an ordinance amending
Section 2-106 and 2-107 of the Code of Ordinances of the City of La Porte,
regarding qualification of bidders on certain city projects — (Ord. 3192) — S. Gillett
H. Council to consider approval or other action regarding the La Porte Development
Corporation Board's vote to enter into an earnest money contract for the purchase
of Lot 7 and 8, Block 52 of the Town of La Porte, Texas — R. Bottoms
Council to consider approval or other action regarding an ordinance authorizing an
amended project cooperation agreement between the City of La Porte and the
Texas General Land Office to fund construction changes orders for the Sylvan
Beach Shoreline Protection and Beach Nourishment Project according to the
terms of the amendment provided — (Ord. 3193) — S. Barr
Staff recommended items C, D, and F to be pulled from the consent agenda.
Motion was made by Councilmember Clausen to approve items A, B, E and I of the
consent agenda as presented. Second by Councilmember Engelken. Motion carried.
Ayes: Engelken, Mosteit, Clausen, Rigby, Moser, Leonard, Black and Mayor Beasley
Nays: None
Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 12, 2009 3
Abstain: None
Absent: Malone
Councilmember Mosteit had a question on item G and asked that it be voted on
separately.
Motion was made by Councilmember Rigby to approve item G of the consent agenda.
Second by Councilmember Engelken. Motion carried.
Ayes: Engelken, Rigby, Moser, Clausen, Black and Mayor Beasley
Nays: Mosteit and Leonard
Abstain: None
Absent: Malone
Councilmember Rigby had a question on Item H and asked that it be voted on separately.
Motion was made by Councilmember Black to approve item H of the consent agenda.
Second by Councilmember Clausen. Motion carried.
Ayes: Engelken, Mosteit, Clausen, Black and Mayor Beasley
Nays: Rigby, Moser and Leonard
Abstain: None
Absent: Malone
6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council on any item posted on the agenda (Limited to five minutes)
Paul Bentley, 10003 Sparrow - Reported surrounding cities issuing citations for repair
work not yet completed as the result of damages caused by Hurricane Ike last year and
asked when the City would be starting to do the same.
Charlotte Wells, Philip Hoot, Kathryn Aguilar and Ted Powell signed up to speak in the
workshop item (s) of this council meeting.
7. Public Hearing - Council to discuss recommendation of Planning and Zoning Commission
for the demolition of two (2) dangerous/sub-standard structures — (Ord. 2009-3164 and
2009-3165) — D. Wilmore This item was tabled at the August 10, 2009 Meeting
Mayor Beasley opened the Public Hearing at 6:30 p.m.
Chief Building Official Debbie Wilmore presented summary and recommendation and
answered Councils' questions.
Public Comment:
Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 12, 2009 4
Mary Montezuma, 704 S. Holmes — The first contractor she hired to repair their house ran
off with their money, so they have since hired another contractor who reported that their
repairs should be completed within a month to ninety days.
Mary Riley, 401 N. 6th Street — Her delay is beyond their control at this time, she has
mailed certified letters to other relatives that hold interest in the property and is waiting to
hear back from them, so that Harris County can do a walk-through on her house.
Recommendation of Staff — Staff recommended tabling this item for a minimum of sixty
days allowing time for the owners of 704 S. Holmes and 401 N. 6th Streets to show
progress.
Mayor Beasley closed the Public Hearing at 6:38 p.m.
On advice of the City Attorney, Council agreed to reopen the Public Hearing, and to
continue Public Hearing for sixty (60) days. Mayor Beasley reopened the Public Hearing at
6:42 p.m., and noted it would remain open for sixty (60) days. Staff will review the buildings
located at 704 S. Holmes and 401 N. 6th Street, and report to Council, at the end of the
sixty (60) day period. There were no exceptions.
Council agreed to pull Item 8 from the agenda.
9. Council to consider approval or other action regarding a resolution appointing members to
the Houston -Galveston Area Council — (Res. 2009-10) — Mayor Beasley
Mayor Beasley presented summary and recommendation and answered Councils'
questions.
Motion was made by Councilmember Leonard to the leave representatives the same as
2009 by reappointing Councilmember Engelken as the representative and Mayor Beasley
as Alternate for the 2010 H-GAC. A second was made by Councilmember Clausen.
Motion carried.
Ayes: Leonard, Engelken, Mosteit, Rigby, Moser, Clausen, Black and Mayor Beasley
Nays: None
Abstain: None
Absent: Malone
10. Receive Monthly Drainage Report from City Staff — S. Gillett
Public Works Director Steve Gillett presented the monthly Drainage Report.
11. Close Regular Meeting and open Workshop Meeting.
Mayor Beasley closed Regular Meeting and opened Workshop Meeting at 6:48 p.m.
Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 12, 2009
A. Presentation by Clark Condon and Associates on their findings regarding a needs
assessment for a community/convention center venue — R. Bottoms
Sheila Condon presented a slide show outlining: Building Program, Master Plan
and Site Consideration for a community center/convention center, and highlighted
four different options.
B. Discuss options regarding establishing a community/convention center venue — R.
Bottoms
Petitions and Remonstrance's reopened:
Charlotte Wells, 3342 Miramar — As a Galveston Bay keeper, showed her concern
about preserving the beach. Is concerned about the access to Sylvan Beach, she
wants to see more green space.
Ted Powell, 1700 Roscoe — Announced his submission of an application for a
National Historical Grant for Sylvan Beach pavilion. Brought other options for the
Sylvan Beach Pavilion, which included the interest of a private investor to invest
his own money without the help of taxpayers for a substantial amount under what
has been previously addressed.
Kathryn Aguilar, 3119 Fondren — reiterated her idea that the city should use the
private investor as mentioned by Mr. Powell, by doing so, in her opinion would be
the fastest, greenest, most historically way to preserve the Sylvan Beach Pavilion.
Phillip Hoot, 927 Seabreeze — enjoys watching people in the park, suggested
metered trails/ walks to be placed in Seabreeze Park. Wants to see the city
preserve the waterfront. He questioned the need for a convention center, wants to
revamp the Pavilion.
City Manager Ron Bottoms reported that according to the County, the Pavilion
would have to be elevated. After meeting with the Commissioner Garcia, she
relayed that the County would possibly consider conveying the northern portion of
the Park to the city for a new facility.
Councilmember Black suggested that an item be placed on the next Council
agenda to notify Harris County of the intent of terminating the lease agreement on
the Sylvan Beach Pavilion, to let them decide its future, since they own the
building.
12. Close Workshop Meeting and reconvene Regular Meeting
Mayor Beasley closed Workshop Meeting and reconvened Regular Meeting at 7:53 p.m.
13. City Manager Ron Bottoms provided Administrative Reports for the following:
Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 12, 2009 6
Mr. Bottoms reported that seven employees participated in the annual Bike around the Bay
over the weekend, which included himself, Judge Denise Mitrano, Rodney Slaton, Tim
Tietjens, Mike Hovendick, Carl Rice and Yvonne Stanley.
October 15, 2009 — Harris County Mayor & Council Dinner — Jacinto City Town Center —
6:30 p.m.
October 19, 2009 — Greater Houston Builders Association 2009 Political Luncheon — Hyatt
Regency Hotel (Downtown Houston) —11:30 a.m.
October 19, 2009 — 5th Annual Economic Alliance Houston Port Region Coffee Symposium
— Hilton Americas — Houston — 8:00 a. m. — 4:00 p.m.
October 19, 2009 — 24th Annual Economic Alliance Houston Port Region Membership
Awards Banquet — Hilton Americas — Houston — 6:00 p.m. — 9:00 p.m.
October 20 — 23, 2009 — Texas Municipal League Conference — Fort Worth, TX
October 26, 2009 — City Council Meeting — 6:00 P.M.
14. Council Comments: Leonard, Engelken, Mosteit, Clausen, Rigby, Moser, Black, and
Beasley.
A. Matters appearing on agenda
B. Recognition of community members, city employees, and upcoming events
C. Inquiry of staff regarding specific factual information or existing policy
15. Executive Session — pursuant to provision of the Open Meeting Law, Chapter 551, Texas
Government Code, Sections 551.071 through 551.076, 551.087 (consultation with
attorney, deliberation regarding real property, deliberation regarding prospective gift or
donation personnel matters, deliberation regarding security devices, or excluding a
witness during examination of another witness in an investigation , deliberation regarding
economic development negotiations)
16. Considerations and possible action on items considered in Executive Session.
There was no Executive Session.
17. Adjournment
Being no further business, the meeting was duly adjourned at 8:00 p.m.
Respectfully submitted,
Minutes of Regular Meeting, Public Hearing and Workshop of City Council on October 12, 2009
qinEldridge
ministrative Secretary
?asse4 and approved on this 26th day of October 2009.
Mayor arry Beasl
10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 26, 2009
Requested By: S. Gillett
Department: Public Works
0
Report: X Resolution: Ordinance:
Exhibits: Authorization for Professional Engineering Services
Exhibits:
Exhibits:
Appropriation
Source of Funds: TRA994 and UTL712
Account Number: 005-9892-995-1100
047-9892-712-1100
Amount Budgeted: $433,000
Amount Requested: $ 58,950
Budgeted Item: YES
SUMMARY & RECOMMENDATION
The City of La Porte has selected the firm of Cobb Fendley & Associates to provide professional engineering
services to provide design, bidding and construction phase services for the construction of the McCabe Road Trunk
Sewer and the McCabe Road Trail System serving the new Bayshore Elementary School. The Agreement with the
Engineer is as follows:
BASIC SERVICES
Design
$30,500
Bidding and Construction Phase
7,000
Topographical Survey
9,500
Geotechnical Report
4,950
Reimbursable Expenses
1,000
Total Basic Services
$52,950
ADDITIONAL SERVICES
Additional Topo Survey for
Mobil Home Park Easement $ 2,000
Easement Survey (3) 4,000
Total Additional Services 6,000
TOTAL ENGINEERING $58,950
It should be noted that design and construction of this Project cannot be completed prior to the opening of Bayshore
Elementary, scheduled for January 2010. In fact, because of the disruption to traffic that will take place during
construction, this Project will be scheduled for bidding in the spring, with construction to begin and be completed
over the summer.
06—tioN Re uired by Council: Authorize the City Manager to execute a contract with Cobb Findley and Associates
to pro ide design, bidding and construction phase services for the construction of the McCabe Road Trunk Sewer
and th NAabe Road Trail System serving the new Bayshore Elementary School in the amount of $58,950.
Ron Bottoms, City Manager
14 al o9
Date
I
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 26, 2009
Requested By: Ray Nolen
Department: EMS
Report: Resolution: Ordinance: X
Exhibits: Copy of POH/BCT Contract
Exhibits:
Exhibits:
Appropriation
Source of Funds: N/A
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The City has negotiated a new contract with the Port of Houston Authority for Emergency Medical Service at the
Barbour's Cut Terminal for a period of twelve months, in the amount of $2,108.75 monthly. Attached is an
ordinance authorizing the City Manager to execute a contract effective November 1, 2009 with the Port of Houston
Authority for Emergency Medical Service at the Barbour's Cut Terminal.
The submitted 2009-10 contract is based on a POH/BCT population of 1205 employees at $21.00 per employee —
Total annually $25,305.00
The Port of Houston Authority will meet in October, 2009 to approve this new 2009-10 contract.
Recommend that council approve the City Manager to execute the new original contract submittal by POH.
Action Required by Council:
Approve an Ordinance authorizing the City Manager to execute a contract with the Port of
Ruston Authority for the City of La Porte EMS.
Manager
h/j, d
Date
ORDINANCE NO. 2009- 3 KI 01
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY,
TEXAS, FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
approves and authorizes the contract, agreement, or other
undertaking described in the title of this ordinance, a copy of
which is on file in the office of the City Secretary. The City
Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2. The City Council of the City of La Porte
officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of
this meeting of the City Council was posted at a place convenient
to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
ORDINANCE NO. 2009-y8/1q0
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 26th day of October, 2009
O A PORTE
By:
Barry easl y, Mayor
AATT ST:
(. ' M r ha A. Gil et City Secretary
APP VE :
ark T. Askins, City Attorney
2
f#74 Rle /U6 . o20o 9- 0 J 6 1
CONTRACT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
THIS CONTRACT made and entered into by and between the CITY OF LA
PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA
PORTE" and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County,
Texas hereinafter referred to as "PORT',
WITNESSETH:
WHEREAS, PORT is in need of certain governmental services for the benefit of
the people and property at its Barbour's Cut Terminal; and
WHEREAS, LA PORTE is able and willing to provide said governmental
services to PORT, upon the terms, conditions, and covenants herein contained:
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and
benefits to both parties, it is hereby agreed as follows:
I.
For and during the year beginning on the 1" day of November, 2009 and ending
on the 31 " day of October, 2010, LA PORTE agrees to furnish to PORT, the emergency
medical services hereinafter more specifically described. This agreement shall remain in
effect after October 31, 2010 until canceled by either party hereto giving ninety (90) days
written notice to the other parry hereto.
1!
For and in consideration of the governmental services to be provided by LA
PORTE, PORT agrees to pay LA PORTE the monthly sum of TWO THOUSAND ONE
HUNDRED EIGHT AND 75/100 DOLLARS ($2,108.75). Such charges are based on
a $21.00 per person fee and are to be paid in full by PORT to LA PORTE, on or before
the tenth day of the month following the month in which such services are rendered. The
total amount of the contract is in the not to exceed amount of TWENTY FIVE
THOUSAND THREE HUNDRED AND FIVE AND 00/100 DOLLARS ($25.305.00).
ANNUAL COST OF CONTRACT ADJUSTMENT- The cost of the contract
shall be based on an Average Daily Population ("ADP") of personnel working at
Barbours Cut Terminal. The cost of contract adjustment shall be calculated by
multiplying the negotiated per person fee by the negotiated ADP for the contract year,
and shall be subject to review and adjustment annually, commencing November 1, 2010
LA PORTE agrees to provide emergency medical services at PORT's Barbour's
Cut Terminal. LA PORTE shall transport patients to one of the nearest hospitals that
provides emergency services as defined by the transport policy of the City of La Porte
Emergency Medical Services. LA PORTE shall be permitted to charge, to each patient,
its most current and customary Emergency Medical Service charges as adopted by City
Council.
IV.
Sole discretion will rest with the LA PORTE Director of Emergency Medical
Services, or his duly authorized assistants, as to the personnel and equipment that will
answer each emergency medical services request, provided, emergency medical services
protection will be adequate (meaning reasonable protection, considering available
personnel and equipment of LA PORTE's Emergency Medical Services) and dispatch of
personnel and equipment to provide emergency medical services within the corporate
limits of the City of La Porte.
V.
LA PORTE agrees to operate the ambulances in accordance with the requirements
of the State and Federal law, and applicable municipal or county ordinances, as the same
now exists, and as may be amended from time to time hereafter.
V1.
During the term of this Contract and any extension thereof, LA PORTE shall
purchase and keep in full force and effect, public liability insurance on each of its
ambulance units, and professional liability insurance (malpractice insurance) on each of
its employees administering patient care, with minimum limits of ($100,000.00) for each
single occurrence for injury to or destruction of property; ($100,000.00) for each person;
and ($300,000.00) for each accident. LA PORTE shall keep and maintain Workers'
Compensation insurance on its employees. LA PORTE shall maintain collision and
liability insurance on the ambulances, with at least maximum limits of ($100,000.00) for
each single occurrence for injury to or destruction of property; ($100,000.00) for each
person, ($300,000.00) for each single occurrence for bodily injury or death; and
uninsured and under -insured motorists coverage providing at least ($100,000.00) for each
person, and ($300,000.00) for each single occurrence for bodily injury or death.
Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in
excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq.
of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable.
The City shall file certificates of insurance coverage with the PORT during the terms of
this Contract and any extension thereof. On all said insurance policies, PORT shall be
named as an additional insured.
2
V11.
Either the PORT or LA PORTE may cancel this Contract, without cause, after
giving at least ninety (90) days written notice to the non -canceling party. Such notice
shall be sent by LA PORTE to the PORT at P.O. Box 2562, Houston, Texas 77252-2562,
Attention: Director of Operations. Such notice shall be sent by the PORT to LA PORTE
at 604 West Fairmont Parkway, La Porte, Texas, 77571, Attention: City Manager.
Q
This contract shall become effective at 12:00 AM. Central Time, on the 1" day of
November, 2009 and shall remain in full force and effect until the 31 st day of October,
2010 unless otherwise canceled as provided in paragraph V11 above. This Contract is
entered into subject to the Charter and Ordinances of the City of La Porte, and all
applicable state and federal laws.
►®
This Contract constitutes the entire agreement between the parties and supersedes
all prior contemporaneous communications or agreements, written or oral. This contract
may be amended only by a written instrument signed by all parties. This contract shall be
governed by and construed in accordance with the laws of the State of Texas.
(EXECUTION PAGE FOLLOWS)
3
EXECUTED IN DUPLICATE ORIGINALS, as of this the _ 7 day of
20_tq.
ATTEST:
APPROVED AS TIO/ FORM: p
Counsel
CITY OF
Lm
City Manager
PORT OF HOUSTON AUTHORITY
Executive
APPROVED:
1� • • rMi•
FUNDS ARE AVAILABLE TO MEET THIS
OBLIGATION WHEN DUE:
11
PURCHASE ORDER
PORT OF HOUSTON
AUTHORITY
P.O. BOX 2562
HOUSTON, TEXAS 77252
PHONE (713) 670-2460
SE.CIENED
N0 `4' 18 Z0
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cll OFFICE
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NOV 2 4 2009
Cl.ry SEj;fjCEE-fAFtyS
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---------------
ITEM QUANTTT'l TRITIT
DESCRIPTION
IJNIT PRTCE TOTAL
-------------------------------------------------------------------------------------------------------
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AMBT - TLAlR'E SV:t-BCTAll7N1J'7U'
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PLIA FILE NO. Z2009-0304
FOR AND DURING THE YEAR BEGINNING ON 1ST DAY OF Nku'VEMBER 2'009 AND
ENDING ON THE 31ST DAY OF OCTOBER 21010, LAPORTE AGREES TO FURNISH TO Pon,
1 1
EMERGENCY MEDICAL SERVICES. THIS AGREEMENT SHALL REMAIN IN EFFECT
UNTIL CANCELLED BY EITHER PARTY PEE, EXECUTED C'ONTRACT DATED T'iil:,:, THE ','7 DAY (')F
0"TOBER, 20109,
THE PORT AGREES TO PAY LAPORTPE THE. MCNTHLY SM (TT _'F
I
'W i (_D,JSND E1DID /r
��'AC_N11R4REEI(oHT AND7A_DOLE f) THIS CONTRACT IS IN THE NOT TO EXCEED AMOUNT OF TWENTY-F"'
THOUSAND THREE HUNDRED AND FIVE AND 0,0/100 DOLLARS ($25,"'305.00).
LAPC)RTE A(_"REES TO FURJ\TJISH TO THE PORT, EMERGENCY MEDDCAL SERVICES AT
THE PORT' BAx:"O(_',UT'S TERXINAT
il I
END OF ORDER
PLEASE REMIT ALL INVOICES TO THE ACCOUNTS PAYABLES DEPARTMENT
CONDITIONS ON BACK ARE A PART OF THIS AGREEMENT
ORIGINAL.
OF THZEVE19UTIVE DIRECTOR
RWS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE
COUNTY AUDITOR
BY
::� CobbFendley
September 25, 2009
Mr. Steve Gillett AUTHORIZATION FOR
Director of Public Works PROFESSIONAL SERVICES
City of La Porte
604 W. Fairmont Pkwy.
La Porte, Texas 77571
Re: McCabe Road Sanitary Sewer, La Porte, Texas
Sanitary Sewer and Sidewalk Installation
Proposal for Professional Engineering and Surveying Services
Dear Mr. Gillett:
We are pleased to propose professional engineering services to you in connection with the
design and construction of a sanitary sewer and sidewalk along the north side of McCabe
Road. The sewer would run from Taylor Bayou (HCFCD #A104-00-00) east to a point opposite
a tract boundary line on the south side of the road, and about 200 feet west of an unnamed
tributary (HCFCD #A104-12-01) near Old Highway 146. The sidewalk would be somewhat
longer, running from the new elementary school on the west side of Taylor bayou all the way to
Old Highway 146. It is anticipated that the sidewalk will be placed (wholly or partially) in an
easement adjacent to the right of way. Due to existing utilities located near the right of way
line, the sewer is proposed to be located of the front slope of the roadside ditch, or in the
adjacent easement where available.
SCOPE OF SERVICES
The specific tasks to be performed by CobbFendley in conjunction with this project are as
follows:
Basic Services
Surveying
K
3
4
Perform a Category 6, Condition II topographical survey in accordance with the
requirements of the Texas Society of Professional Surveyors to locate existing utilities,
appurtenances and pavement and to determine the existing elevations of the street and
utility lines which are accessible by manholes and the existing ground elevations within the
area from the northern edge of pavement to the apparent north right of way line. The
adjacent wooded land for the possible location of an easement is assumed to be relatively
flat and only obvious topographic features will be obtained there. Proof of right of way will
not be researched; only apparent right of way occupation will be used. As an option, the
survey can be extended to include a strip15 ft wide inside the existing mobile home park if
an easement is to be pursued in that location.
Perform utility record research. Utilities will be placed in the drawing based on utility record
interpretation as SUE Levels C and D as described in ASCE manual of practice.
All benchmark information will reference NAVD '88.
Plot all survey data on plan and profile style sheets at a scale of 1" = 20' horizontally and 1"
= 2' vertically.
D:\DOCS\PROPOSALS\SMALL PROPOSALS\20091A PORTE MCCABE SEWER\PROPOSAL.DOC
13430 Northwest Freeway, Suite 1100 1 Houston, Texas 77040 1 713.462.3242 1 fax 713.462.3262 I www.cobfen.com
Mr. Steve Gillett
September 25, 2009
Page 2 of 6
�CobbFendley
5. Provide boundary descriptions and map exhibits for three 8' to 10' wide easement tracts
adjoining the existing right of way. Title insurance, if desired, appraisals, and other related
costs will be paid directly by the City.
Final Design
1. Construction documents will include technical specifications in the CSI standard format.
2. Design Items - The design will be appropriate for the public solicitation of bids. Complete
Plans & Specifications will be submitted to the City for review and approval.
3. Traffic control plan will be a routine utility construction setup in accordance with AASHTO
and TMUTCD.
4. A storm water pollution prevention plan shall be prepared and NO[ form shall be prepared
for the contractors use.
5. Stormwater quality measures (BMP's) as included in the Harris County Public
Infrastructure Department Engineering Division - Permit Office's "Storm Water Quality
Guidance Document for New Development/Redevelopment Projects" will be adapted to
the project.
6. Plans will be submitted to Harris County and Harris County Flood Control District for
review and approval. To maintain the City's schedule, the City may need to encourage an
expedited review of the plans. Letter of notification will be submitted to TCEQ as well.
Geotechnical
1. As a subconsultant service, a geotechnical firm (PSI) will provide soil borings, analysis,
and recommendations for utility trenching and bedding.
Bidding Phase Services
1. CobbFendley will assist the City in soliciting bids for the project. CobbFendley will:
+ Prepare an advertisement for the City's use in publication
+ Attend a prebid meeting with prospective bidders to discuss the project and answer
questions
+ Prepare and issue any necessary addenda to the bidding documents
+ Attend the bid opening
+ Review the bids, prepare tabulation, and recommend a bidder to the City.
+ Prepare Contract documents for execution by the City and Successful Bidder
Construction Phase Services
CobbFendley will provide field and office support services to provide documentation of the
project progress and to determine if the work is in general conformance with the contract
documents. In performing these construction phase services, CobbFendley will not be
responsible for the techniques and sequences of construction or the safety precautions
incident thereto, and CobbFendley will not be responsible and liable to the City if the
contractor fails to perform the construction work in accordance with the contract documents.
Such services shall consist of:
• Conduct a preconstruction conference.
• After approval of executed contract documents by the City Attorney, issue a Notice to
Proceed.
• Furnish the services of an engineer to visit the Project periodically, to review the work in
progress, confer with field personnel, and to determine, in general, if such work is
proceeding in accordance with the contract plans and specifications.
• Review change order requests and claims by Contractor
DADOMPROPOSALSISMALL PROPOSALS12009U.A PORTE MCCABE SEWERIPROPOSAL.DOC
Mr. Steve Gillett :" CobbFendley
September 25, 2009 ::�
Page 3 of 6
• Review the Contractor's monthly application for payment and verify that the quantity of
work claimed conforms to the physical evidence of completed work.
• Review laboratory reports and shop drawings;
• Conduct a final inspection with the Contractor and the Owner. Prepare a list of all items
requiring correction prior to final acceptance.
ADDITIONAL SERVICES
Construction Inspection Services
Due to the uncertainty of the level of desired inspection, the possibility of the City being able to
perform some of this function, and the scheduling of the construction, the Compensation table
below does not include an allowance for this service. Once a level of effort is established, a
separate proposal will be submitted.
Other Required or Desired Services
Other professional services may become necessary for the satisfactory completion of the
project, or changes in the desired project scope may arise. Any such services will be discussed
with the City and an estimate of fee presented for the City's approval prior to any additional
services being delivered.
BASIS OF COMPENSATION
We propose to perform the described Basic Services for the following estimated hourly fees.
Tasks will be billed in accordance with the attached CobbFendley rate table.
Basic Services
1. Topographical Survey....................................................................................... $9,500.00
2. Additional Topo Survey for MH Park easement area (if authorized) .................. $2.000.00
3. Geotechnical Investigation................................................................................ $4.950.00
4. Easement Surveys (3) (if authorized)................................................................ $4,000.00
5. Engineering Design......................................................................................... $30,500.00
6. Bidding and Construction phase....................................................................... $7,000.00
Basic Services (Reimbursable Expenses)
1. Reproduction, mileage, delivery charges, etc .................................................... $1,000.00
ADDITIONAL SERVICES
Services not included in the description of Scope of Services in this proposal may be provided
by CobbFendley, and if provided by CobbFendley, said services shall be considered to be
Additional Services and shall require additional fees. Additional Services require separate
written authorization by the Client prior to CobbFendley beginning any additional service.
1. Application or review fees.
2. Obtaining construction permit.
DADOCSIPROPOSAMSMALL PROPOSALS\2009\A PORTE MCCABE SEWER\PROPOSAL.DOC
Mr. Steve Gillett ��� CobbFendleySeptember 25, 2009 ::�
Page 4 of 6
3. Soil, water or other environmental testing or environmental assessment of any kind.
4. Any other services not specifically included within the description of the Basic Services
or Other Services as described above.
SPECIAL PROVISIONS
A copy of the General Terms and Conditions of the Authorization for Professional Services is
attached and constitutes a part of this agreement.
Agency review fees charged by the approving agencies shall be borne directly by the
Client/Owner.
SCHEDULE OF SERVICES
CobbFendley is authorized to begin work on this project immediately upon receipt of Client's
signature on this Authorization and any additional authorizations that may be required from the
property owner.
CobbFendley will use reasonable efforts to complete its services within a reasonable time
frame. Any delay by Owner or Client in providing proper and sufficient documents may delay
CobbFendley's performance of its services, in which case CobbFendley shall be entitled to an
extension of time to complete those services.
PROPOSAL ACCEPTANCE
If this proposal is agreeable to you, please indicate your acceptance by signing in the space
provided below and return one copy to us for irward
fil . This proposal is void if not accepted
within thirty days of the date hereon. The ouni to propose professional engineering
services to your firm is appreciated and we look o working on this project with you.
Sincerely, This prcbgsal accepteg by:
ASSOCIATES, INC.
Vice President
CITY,
Tign ture
;4r,t J svb�p's
fr'
Attachments
Title I
i0 Id4P A
Date o Authorization
DADOMPROPOSAMSMALL PROPOSALS\20091LA PORTE MCCABE SEWER\PROPOSAL.DOC
1.
2.
3.
4.
5.
8.
8.
PROVISIONS OF THE AUTHORIZATION FOR PROFESSIONAL SERVICES
(Public Agency Client)
AUTHORIZATION TO PROCEED
Signing this Agreement shall be construed as
authorization by CLIENT for Cobb, Fendley &
Associates, Inc. (CobbFendley) to proceed with the
services, unless otherwise provided for in this
agreement.
INTERPRETATION OF FEES
Unless specified as hourly, the fees shown herein are
considered lump sum amounts.
DIRECT PERSONNEL EXPENSE
Direct Labor Costs means salaries and wages paid to
CobbFendley's employees plus payroll related costs
and benefits such as payroll taxes, worker's
compensation, health and retirement benefits,
bonuses, sick leave, vacation, and holiday pay
applicable hereto.
DIRECT EXPENSES
CobbFendley's direct expenses shall be those costs
incurred on or directory for the CLIENT'S project,
including but not limited to necessary transportation
costs including mileage at the current IRS rate, meals
and lodging, laboratory tests and analyses, and printing
and binding charges. These direct expenses shall be
billed in accordance with the attached rate schedule.
OUTSIDE SERIVICES
When technical or professional services are furnished
by an outside source, when approved by the CLIENT,
an additional amount shall be added to the cost of
these services by CobbFendley to cover its
administrative costs, as provided in this Agreement.
COST PROJECTIONS
If included in CobbFendley's scope of services,
opinions or estimates of probable construction costs
are prepared on the basis of CobbFendley's experience
and qualifications and represent CobbFendley's
judgment as a professional generally familiar with the
industry. However, since CobbFendley has no control
over the cost of labor, materials, equipment or services
furnished by others, over contractor's methods of
determining prices, or over competitive bidding or
market conditions, CobbFendley cannot and does not
guarantee, represent or warrant that proposals, bids, or
the actual construction cost will not vary from
CobbFendley's opinions or estimates of probable
construction cost.
PROFESSIONAL STANDARDS
CobbFendley agrees to perform its services in
accordance with the standard of professional care used
by other practicing professional engineers of ordinary
prudence in the same field of engineering and
performing the same type of work in CLIENT'S
community under the same or similar circumstances.
CobbFendley makes no other warranty, expressed or
implied.
TERMINATION
Either CLIENT or Cobb Fendley may terminate this
Agreement by giving 30 days written notice to the other
party. In such event, CLIENT shall forthwith pay
CobbFendley in full for all services previously
authorized and performed prior to effective date of
termination. If no notice of termination is given,
relationships and obligations created by this Agreement
shall be terminated upon completion of all applicable
requirements of this Agreement. Failure by Client to
make payments when due shall be cause for
suspension of services or, ultimately, termination,
unless and until CobbFendley has been paid in full all
amounts due for services, expenses and other related
charges, including interest on past due amounts.
9. REUSE OF DOCUMENTS
Any reuse by the client or others of documents or plans
that result from CobbFendley's services under this
agreement shall be at the client's or other's sole risk
without liability to Cobb Fendley.
10. INDEMNIFICATION
To the fullest extent permitted by law, CobbFendley
shall indemnify and hold harmless the CLIENT and
OWNER and their respective officers and employees
from and against all claims, actions, proceedings,
liabilities, losses, damages, costs and expenses,
including reasonable legal fees, which the CLIENT and
OWNER and their respective officers and employees
may sustain to the extent or degree on a comparative
basis of fault arising from the negligent acts, errors or
omissions of CobbFendley, its officers, employees or
subconsultants, arising from the services provided
herein.
11. LIMITATION OF LIABILITY
THE LIABILITY OF COBB FENDLEY TO THE CLIENT SHALL
BE LIMITED TO SERVICES PERFORMED SOLEY BY
COBBFENDLEY. THE LIABILITY OF COBB FENDLEY TO THE
CLIENT FOR ANY CAUSE OR COMBINATION OF CAUSES IS,
IN THE AGGREGATE, LIMITED TO AN AMOUNT NO GREATER
THAN THE FEE EARNED UNDER THIS AGREEMENT.
COBBFENDLEY IS NOT RESPONSIBLE FOR ANY
CONSEQUENTIAL DAMAGES THAT MAY BE SUSTAINED BY
THE CLIENT OR THE CLIENT'S AGENTS.
12. MEDIATION
In the event that any dispute shall arise between Client
and CobbFendley regarding the parties rights or
obligations under this Agreement, the parties shall, as
a condition precedent to taking any action against one
another make a good faith effort to resolve such
disagreements by negotiation and/or non -binding
mediation.
13. LEGAL EXPENSES
In the event that legal action is brought by CLIENT or
CobbFendley against the other party to enforce any of
the obligations hereunder or arising out of any dispute
concerning the terms and conditions hereby created,
the losing party shall pay the prevailing party such
reasonable amounts for fees, costs and expenses as
may be set by the court.
14. PAYMENT TO COBBFENDLEY
Monthly invoices will be issued by CobbFendley for all
services performed under the terms of this agreement.
Invoices are due and payable upon receipt. Interest at
the rate of 1.5% per month may be charged on all past -
due amounts, unless not permitted by law, in which
case, interest will be charged at the highest amount
permitted by law. Pending resolution of any dispute
concerning any portion of any invoice submitted by
CobbFendley, all undisputed portions shall be paid in
accordance with this paragraph. If payment is not
received within 45 days from date of invoice,
CobbFendley retains the right to cease further work on
the project until such time that the overdue invoices are
paid. CobbFendley also retains the right to withhold
final approved plans and other deliverables until all
overdue invoices are paid.
D:\DOCS\PROPOSALS\SMALL PROPOSALS\2009\LA PORTE MCCABE SEWER\PROPOSAL.DOC
ME
CobbFendley
Cobb, Fendley & Associates, Inc.
Rate Schedule
Principal.......................................................................................................................... $235/HR
SeniorEngineer..............................................................................................................$190/HR
ProjectManager............................................................................................................. $150/HR
ProjectEngineer III......................................................................................................... $145/HR
ProjectEngineer 11 .......................................................................................................... $125/HR
ProjectEngineer I............................................................................................................. $95/HR
SeniorTechnician........................................................................................................... $115/HR
TechnicianIII.................................................................................................................... $95/HR
TechnicianII..................................................................................................................... $85/HR
TechnicianI...................................................................................................................... $75/HR
Licensed State Land Surveyor........................................................................................ $200/HR
Registered Professional Land Surveyor.......................................................................... $120/HR
4-Man Survey Crew........................................................................................................ $148/HR
3-Man Survey Crew........................................................................................................ $136/HR
2-Man Survey Crew........................................................................................................ $120/HR
PostProcessing GPS Data...............................................................................................$92/HR
Right -of -Way Agent........................................................................................................ $100/HR
ConstructionManager..................................................................................................... $120/HR
Field Construction Observer............................................................................................. $80/HR
Clerical.............................................................................................................................. $60/HR
GPS................................................................................................................ $32/Hour/Receiver
TechnologyFee.......................................................................................................... $3.75/Hour
Consultant or Specialty Contractor (Outside Firm) .............................................. @ COST + 10%
Reasonable Out of Town Travel Expenses (Air, Hotel, Car Rental) .............................. @ COST
Per Diem for Out of Town Travel (Per Day/Person)......................................................... $30/Day
Courier, Printing, Rental of Special Equipment ................................................... @ COST + 10%
In -House Reproduction (except for our own internal use)
Copies(All Sizes)............................................................................................................. $0.15/Each
ColorCopies (Max 11" x 17")........................................................................................... $1.50/Each
Color Copies (Larger than 11" x 17").............................................................................. $2.25/Sq.Ft.
Bluelines(All Sizes)......................................................................................................... $1.00/Each
BondPrints (All Sizes)..................................................................................................... $6.00/Each
VellumPrints (All Sizes)................................................................................................... $9.00/Each
MylarPrints (All Sizes)................................................................................................... $12.00/Each
Mileage.......................................................................................................................... IRS Rate
TitlePlant Charge............................................................................................... @ COST + 10%
Other Misc. Expenses Related to Project............................................................ @ COST + 10%
DADOCS\PROPOSALS\SMALL PROPOSALS\2009\LA PORTE MCCABE SEWER\PROPOSAL.DOC
F
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 10-26-09
Requested By: Kenith Adcnx
Department: Police Department
Report: Resolution: Ordinance: X
Exhibits: Amended Ordinance 1285
Exhibits:
Exhibits
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES Na
SUMMARY & RECOMMENDATION
City Ordinance 1285-R needs to be amended in Section 3 to recognize the classifications and number of positions in
each classification, as per the approved Fiscal Year 2010 budget.
The amendment to Ordinance 1285-R established the current authorized Civil Service positions:
57 Police Officers
9 Sergeants
5 Lieutenants
2 Assistant Chief
Action Required by Council:
Recommend City Council to approve the amendment of Ordinance 1285-R to establish the current authorized
classifications in Civil Service.
k...
� (vk--)
Ron Bottoms, City Manager
-ID1411,05
Date
ORDINANCE NO. 311111
AN ORDINANCE AMENDING ORDINANCE NO. 1285, "AN ORDINANCE IMPLEMENTING
POLICEMAN'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS; NUMBER OF
AUTHORIZED POSITIONS IN EACH CLASSIFICATION; ESTABLISHING PAY SCHEDULES;
CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Section 3 of Ordinance 1285, as amended, is hereby amended and shall
hereafter read as follows, to -wit:
"Section Three. There are hereby established the following number of authorized
positions in each of the foregoing classifications, to -wit:
Classification Number of Authorized Positions
Patrolmen 57
Sergeant 9
Lieutenant 5
Assistant Chief 2"
Section 2. All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent
of such inconsistency and in all other respects this ordinance shall be cumulative of Ordinance
No. 1285 and any amendments thereto.
Section 3. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the
intention of the City of La Porte Council to have passed each section, sentence, phrase, or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
Section 4. 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 5. This Ordinance shall take effect upon its passage and approval, and it is
so ordered.
PASSED AND APPROVED THIS THE �b DAY OF , 2009.
CITY OF LA PORTE
By:,---
BARRY B ASLEY,
Mayor
ATTEST:
By:
TQ"" L a,
TMART A GILLETT,
O City Secretary
APPROVED:
By:
ClARK T. ASKINS
Assistant City Attorney
H
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 26, 2009
Requested By: Rays Nolen
Department: EMS
Report: Resolution: Ordinance: X
Exhibits: Ordinance
Exhibits: Copy of Contract
Exhibits: Exhibit A - Map
Appropriation
Source of Funds: N/A
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Contract renewal request with the Association of Bayport Companies, Inc., for Emergency Medical Service in the
Bayport Industrial Area. This contract will be for a period of one year at a rate of $21.00 per employee. This is an
increase of .81 cents per employee over the previous year's negotiated rate.
Attached is an ordinance authorizing the City Manager to execute a contract effective October 1, 2009 with the
Association of Bayport Companies, Inc. for Emergency Medical Service in the Bayport Industrial Area.
2007-08 Revenues - Actual $102,898.40
2008-09 Revenues — Actual $98,587.77
2009-10 Revenues— Projected $100,000.00
Recommend that council approve the City Manager to execute the submitted contract for providing Emergency
Medical Service to the companies located in the Bayport Industrial Area.
Action Required by Council:
Approve an Ordinance authorizing the City Manager to execute a contract with the Association of
Bayport Companies for the City of La Porte EMS.
Ron Bottoms,
Manager
Date
ORDINANCE NO. 2 0 0 9- 31 6 Cl
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC., FOR
EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
approves and authorizes the contract, agreement, or other
undertaking described in the title of this ordinance, a copy of
which is on file in the office of the City Secretary. The City
Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2. The City Council of the City of La Porte
officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of
this meeting of the City Council was posted at a place convenient
to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
ORDINANCE NO. 2009-_ .
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 26th day of October, 2009
CI BQgTE
By: �/)
Barr B sley, M or
ATT T:
WnMart4a . Gil ett, City Secretary
APPROVE;),:
C ark T. Askins, City Attorney
2
CONTRACT
STATE OF TEXAS
COUNTY OF HARRIS '
THIS CONTRACT made and entered into by and between the CITY OF LA PORTE, a
municipal corporation, of Harris County, Texas, hereinafter referred to as "LA PORTE"; and the
ASSOCIATION OF BAYPORT COMPANIES, INC., a Texas non-profit corporation, hereinafter
referred to as "AB.C. ",
WITNESETH:
WHEREAS, AB.0 is in need of certain Emergency Medical Services for the benefit of the
people at its Service Area. as outlined on the map attached hereto as Exhibit "A", SAVE AND
EXCEPT any area shown on Exhibit "A", which has been annexed by a city other than LA PORTE,
unless LA PORTE has an interlocal agreement for Emergency Medical Service with any other such
city; and
WHEREAS, LA PORTE is able and willing to provide said governmental services to A.B.C.,
upon the terms, conditions, and covenants herein contained:
I.
GENERAL PROVISIONS
For and during the year beginning on the 1 st day of October, 2009, and ending on the 30th day
of September, 2010, LA PORTE agrees to furnish to A.B.C., the emergency medical services
hereinafter more specifically described. This agreement shall remain in effect after September 30,
2010, until cancelled by either party hereto giving ninety (90) days written notice to the other party.
II.
For and in consideration of the emergency medical services to be provided by LA PORTE,
A.B.C. agrees to pay LA PORTE the sum of Twenty One Dollars ($21.00) per on -site employee of the
ASSOCIATION OF BAYPORT COMPANIES, INC. members, comprised within the Service Area.
Such payment shall be made on or before the lst day of October 2009. The employee count, which
A.B.C. represents to LA PORTE to be approximately between Five Thousand (5,000) and Six
Thousand (6,000) on an annual basis, shall be based upon the number of full -tune equivalent, on -site
employees and shall include the number of recurring -contract workers (such as maintenance contracts
that are used for scheduled plant maintenance). The number of covered personnel is to be provided by
each individual plant within the Service Area and famished by A.B.C. for the computation of the
annual fee, which shall occur on or before October 1, 2009. AB.C. shall famish to LA PORTE said
census count famished to them during the month of September during each year of this contract.
A.B.C. shall immediately notify LA PORTE of the addition of any new company to its
membership, and the employee count, as herein defined, of such new member company.
A member company of A.B.C. which is in default of its payments to A.B.C. and LA PORTE
hereunder, shall be subject to a `Non -Member Fee" of Fifteen Hundred Dollars ($1500.00) per EMS
response as provided in LA PORTE's Emergency Medical Service Fee Ordinance.
LA PORTE agrees to provide emergency medical services at A.B.C.'s Service Area. LA
PORTE shall transport patients to one of the nearest hospitals providing emergency services that is
defined b}- the 'Transport Polite" of the City of La Porte Emergency Medical Sen-ices. LA PORTE
shall be permitted to charge, to each patient, its most current and customary Emergency Medical
Service charges as adopted by City Council.
L
Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his
duly authorized assistants, as to the personnel and equipment that will answer each emergency medical
services request, provided, emergency medical services protection will be adequate (meaning
reasonable protection, considering available personnel and equipment of LA PORTE's Emergency
Medical Services) and dispatch of personnel and equipment to provide emergency medical services
within the corporate limits of the City of LaPorte.
0
COMPLIANCE WITH LAW AND ORDINANCES
LA PORTE agrees to operate the ambulances in accordance with the requirements of State
and Federal law, and applicable municipal or county ordinances, as the sane now exist, and as may be
amended from time to time hereafter.
VI.
LIABILITY INSURANCE
During the term of this Contract and any extension thereof, LA PORTE shall purchase and
keep in full force and effect, public liability insurance on each of its ambulance units, and professional
liability insurance (malpractice insurance) on each of its employees administering patient care, with
minimum limits of $100,000.00 for each single occurrence for injury to or destruction of property;
$100,000.00 for each person; and $300,000.00 for each accident. LA PORTE shall keep and maintain
Workers' Compensation insurance on its employees. LA PORTE shall maintain collision and liability
insurance on the ambulances, with at least maximum limits of $100,000.00 for each single occurrence
for injury to or destruction of property; $100,000.00 for each person, $300,000.00 for each single
occurrence for bodily injury or death; and uninsured and under -insured motorists coverage providing at
least $100,000.00 for each person, and $300,000.00 for each single occurrence for bodily injury or
death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess
of liability limits established in the Texas Tort Claim Act, Section 101.001 et seq, of the Texas Civil
Practice and Remedies Code, in cases where said Act is applicable. LA PORTE shall file certificates of
insurance coverage with A.B.C. during the terms of this Contract and any extension thereof. On all
said insurance policies, A.B.C. shall be named as an additional insured.
V II.
REVOCATION OF CONTRACT
Either A.B.C. or LA PORTE may cancel this Contract, without cause, after giving at least
ninety (90) days written notice to the non -canceling party. Such notice shall be sent by LA PORTE to
A.B.C. at Post Office Box 691, La Porte, Texas 77572-0691. Such notice shall be sent by A.B.C. to
LA PORTE at 604 West Fairmont Parkway, La Porte, Texas 77571.
VIII.
TERM
This Contract shall become effective at 12:00 AM. Central Time, on the 1st day of October,
2009, and shall remain in full force and effect until the 30th day of September, 2010, unless otherwise
cancelled as provided in paragraph VII above. This Contract is entered into subject to the Charter and
Ordinances of the City of LaPorte, and all applicable state and federal laws.
IX.
This Contract constitutes the entire agreement between the parties and supersedes all prior
contemporaneous communications or agreements, written or oral. This Contract may be amended
only by a written instrument signed by all parties.
Texas.
This Contract shall be governed by and construed in accordance with the laws of the State of
EXECUTED IN DUPLICATE ORIGINALS, as qthedayof 2009.
O E
B
Ron BotroX
City Manager
ATTEST:
3
ASSOCIATION OF BAYPORT
ATTEST: a J
+�C
Colleen Hicks,
Secretary
Q `
L Mt6 ,__...,.
I
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 26, 2009
Requested By: Ray Nolen
Department: EMS
Report: Resolution: Ordinance: X
Exhibits: Copy of POH/BCT Contract
Exhibits:
Exhibits:
Appropriation
Source of Funds: N/A
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The City has negotiated a new contract with the Port of Houston Authority for Emergency Medical Service at the
Barbour's Cut Terminal for a period of twelve months, in the amount of $2,108.75 monthly. Attached is an
ordinance authorizing the City Manager to execute a contract effective November 1, 2009 with the Port of Houston
Authority for Emergency Medical Service at the Barbour's Cut Terminal.
The submitted 2009-10 contract is based on a POH/BCT population of 1205 employees at $21.00 per employee —
Total annually $25,305.00
The Port of Houston Authority will meet in October, 2009 to approve this new 2009-10 contract.
Recommend that council approve the City Manager to execute the new original contract submittal by POH.
Action Required by Council:
Approve an Ordinance authorizing the City Manager to execute a contract with the Port of
Ruston Authority for the City of La Porte EMS.
Manager
h/j, d
Date
ORDINANCE NO. 2009- 3 KI 01
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY,
TEXAS, FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
approves and authorizes the contract, agreement, or other
undertaking described in the title of this ordinance, a copy of
which is on file in the office of the City Secretary. The City
Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2. The City Council of the City of La Porte
officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of
this meeting of the City Council was posted at a place convenient
to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
ORDINANCE NO. 2009-y8/1q0
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 26th day of October, 2009
O A PORTE
By:
Barry easl y, Mayor
AATT ST:
(. ' M r ha A. Gil et City Secretary
APP VE :
ark T. Askins, City Attorney
2
f#74 Rle /U6 . o20o 9- 0 J 6 1
CONTRACT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
THIS CONTRACT made and entered into by and between the CITY OF LA
PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA
PORTE" and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County,
Texas hereinafter referred to as "PORT',
WITNESSETH:
WHEREAS, PORT is in need of certain governmental services for the benefit of
the people and property at its Barbour's Cut Terminal; and
WHEREAS, LA PORTE is able and willing to provide said governmental
services to PORT, upon the terms, conditions, and covenants herein contained:
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and
benefits to both parties, it is hereby agreed as follows:
I.
For and during the year beginning on the 1" day of November, 2009 and ending
on the 31 " day of October, 2010, LA PORTE agrees to furnish to PORT, the emergency
medical services hereinafter more specifically described. This agreement shall remain in
effect after October 31, 2010 until canceled by either party hereto giving ninety (90) days
written notice to the other parry hereto.
1!
For and in consideration of the governmental services to be provided by LA
PORTE, PORT agrees to pay LA PORTE the monthly sum of TWO THOUSAND ONE
HUNDRED EIGHT AND 75/100 DOLLARS ($2,108.75). Such charges are based on
a $21.00 per person fee and are to be paid in full by PORT to LA PORTE, on or before
the tenth day of the month following the month in which such services are rendered. The
total amount of the contract is in the not to exceed amount of TWENTY FIVE
THOUSAND THREE HUNDRED AND FIVE AND 00/100 DOLLARS ($25.305.00).
ANNUAL COST OF CONTRACT ADJUSTMENT- The cost of the contract
shall be based on an Average Daily Population ("ADP") of personnel working at
Barbours Cut Terminal. The cost of contract adjustment shall be calculated by
multiplying the negotiated per person fee by the negotiated ADP for the contract year,
and shall be subject to review and adjustment annually, commencing November 1, 2010
LA PORTE agrees to provide emergency medical services at PORT's Barbour's
Cut Terminal. LA PORTE shall transport patients to one of the nearest hospitals that
provides emergency services as defined by the transport policy of the City of La Porte
Emergency Medical Services. LA PORTE shall be permitted to charge, to each patient,
its most current and customary Emergency Medical Service charges as adopted by City
Council.
IV.
Sole discretion will rest with the LA PORTE Director of Emergency Medical
Services, or his duly authorized assistants, as to the personnel and equipment that will
answer each emergency medical services request, provided, emergency medical services
protection will be adequate (meaning reasonable protection, considering available
personnel and equipment of LA PORTE's Emergency Medical Services) and dispatch of
personnel and equipment to provide emergency medical services within the corporate
limits of the City of La Porte.
V.
LA PORTE agrees to operate the ambulances in accordance with the requirements
of the State and Federal law, and applicable municipal or county ordinances, as the same
now exists, and as may be amended from time to time hereafter.
V1.
During the term of this Contract and any extension thereof, LA PORTE shall
purchase and keep in full force and effect, public liability insurance on each of its
ambulance units, and professional liability insurance (malpractice insurance) on each of
its employees administering patient care, with minimum limits of ($100,000.00) for each
single occurrence for injury to or destruction of property; ($100,000.00) for each person;
and ($300,000.00) for each accident. LA PORTE shall keep and maintain Workers'
Compensation insurance on its employees. LA PORTE shall maintain collision and
liability insurance on the ambulances, with at least maximum limits of ($100,000.00) for
each single occurrence for injury to or destruction of property; ($100,000.00) for each
person, ($300,000.00) for each single occurrence for bodily injury or death; and
uninsured and under -insured motorists coverage providing at least ($100,000.00) for each
person, and ($300,000.00) for each single occurrence for bodily injury or death.
Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in
excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq.
of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable.
The City shall file certificates of insurance coverage with the PORT during the terms of
this Contract and any extension thereof. On all said insurance policies, PORT shall be
named as an additional insured.
2
V11.
Either the PORT or LA PORTE may cancel this Contract, without cause, after
giving at least ninety (90) days written notice to the non -canceling party. Such notice
shall be sent by LA PORTE to the PORT at P.O. Box 2562, Houston, Texas 77252-2562,
Attention: Director of Operations. Such notice shall be sent by the PORT to LA PORTE
at 604 West Fairmont Parkway, La Porte, Texas, 77571, Attention: City Manager.
Q
This contract shall become effective at 12:00 AM. Central Time, on the 1" day of
November, 2009 and shall remain in full force and effect until the 31 st day of October,
2010 unless otherwise canceled as provided in paragraph V11 above. This Contract is
entered into subject to the Charter and Ordinances of the City of La Porte, and all
applicable state and federal laws.
►®
This Contract constitutes the entire agreement between the parties and supersedes
all prior contemporaneous communications or agreements, written or oral. This contract
may be amended only by a written instrument signed by all parties. This contract shall be
governed by and construed in accordance with the laws of the State of Texas.
(EXECUTION PAGE FOLLOWS)
3
EXECUTED IN DUPLICATE ORIGINALS, as of this the _ 7 day of
20_tq.
ATTEST:
APPROVED AS TIO/ FORM: p
Counsel
CITY OF
Lm
City Manager
PORT OF HOUSTON AUTHORITY
Executive
APPROVED:
1� • • rMi•
FUNDS ARE AVAILABLE TO MEET THIS
OBLIGATION WHEN DUE:
11
PURCHASE ORDER
PORT OF HOUSTON
AUTHORITY
P.O. BOX 2562
HOUSTON, TEXAS 77252
PHONE (713) 670-2460
SE.CIENED
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cll OFFICE
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NOV 2 4 2009
Cl.ry SEj;fjCEE-fAFtyS
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ITEM QUANTTT'l TRITIT
DESCRIPTION
IJNIT PRTCE TOTAL
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PLIA FILE NO. Z2009-0304
FOR AND DURING THE YEAR BEGINNING ON 1ST DAY OF Nku'VEMBER 2'009 AND
ENDING ON THE 31ST DAY OF OCTOBER 21010, LAPORTE AGREES TO FURNISH TO Pon,
1 1
EMERGENCY MEDICAL SERVICES. THIS AGREEMENT SHALL REMAIN IN EFFECT
UNTIL CANCELLED BY EITHER PARTY PEE, EXECUTED C'ONTRACT DATED T'iil:,:, THE ','7 DAY (')F
0"TOBER, 20109,
THE PORT AGREES TO PAY LAPORTPE THE. MCNTHLY SM (TT _'F
I
'W i (_D,JSND E1DID /r
��'AC_N11R4REEI(oHT AND7A_DOLE f) THIS CONTRACT IS IN THE NOT TO EXCEED AMOUNT OF TWENTY-F"'
THOUSAND THREE HUNDRED AND FIVE AND 0,0/100 DOLLARS ($25,"'305.00).
LAPC)RTE A(_"REES TO FURJ\TJISH TO THE PORT, EMERGENCY MEDDCAL SERVICES AT
THE PORT' BAx:"O(_',UT'S TERXINAT
il I
END OF ORDER
PLEASE REMIT ALL INVOICES TO THE ACCOUNTS PAYABLES DEPARTMENT
CONDITIONS ON BACK ARE A PART OF THIS AGREEMENT
ORIGINAL.
OF THZEVE19UTIVE DIRECTOR
RWS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE
COUNTY AUDITOR
BY
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 26.2009
Requested By: Tim Tiefe
Department: Planning
Report: _Resolution: Ordinance: X
Exhibits:
Revised Proposed Trail Alignment Map
Ordinance
Inter -Local Agreement
Anaroyriation
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted:
N/A
Amount Requested:
N/A
Budgeted Item: _YES
_NO
SUMMARY
On December 8, 2008, Council conducted a workshop on a request by the City of Morgan's Point to
utilize a portion of the Donaldson Ave. Right -of -Way as the westernmost leg of its proposed hike and
bike trail.
On January 26, 2009, Council conducted a public hearing to receive public input regarding the use of a
portion of the Donaldson Ave. Right -of -Way for the City of Morgan's Point hike/bike trail.
Based upon input received from the January 26, 2009, public hearing, the City of Morgan's Point
submitted a new proposal showing another alignment option for a portion of the proposed trail location.
On July 13, 2009, Council conducted a workshop on the new proposal by the City of Morgan's Point to
place and construct a section of their hike and bike trail system in a portion of the Donaldson Ave. right-
of-way within La Porte. At the conclusion of the workshop, Council directed staff to schedule a second
public hearing.
If Council opts to accept the new proposal, an inter -local agreement is included to facilitate the request.
Action Required by Council:
1. Conduct a public hearing to receive input regarding the use of a portion of the Donaldson Ave.
right-of-way within La Porte for the City of Morgan's Point to construct a section of their hike and
bike trail system.
2. Consider authorizing the City Manager to execute an inter -local agreement with the City of
Morgan's Point.
Ron BottoiVs, City Manager
!0 /�, 0
Date
m.
ya
KA
S-.,,OLMES,�iAVE to
ORDINANCE NO. 2009- <3Iq-5--
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LA PORTE AND THE CITY OF MORGAN'S POINT, FOR
CONSTRUCTION OF A HIKE AND BIKE TRAIL ON DONALDSON AVENUE, WITHIN
THE CITY OF LA PORTEI MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT] FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAWy AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The Mayor is hereby authorized to execute
such document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this ;'i7 day of , 2009.
ATTEST:
M t A. G 1 tt
City Secretary
APPROVED:
ark T. Askins
Assistant City Attorney
CITY OF LA PORTE
By: "4
Barry Be sley
Mayor
2
INTERLOCAL AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
KNOW ALL MEN BY THESE PRESENTS:
This Interlocal Agreement, ("Agreement") is made and entered into by and between the
City of Morgan's Point, Texas, ("Morgan's Point"), a municipal corporation, being located in
Harris County, Texas, and the City of La Porte, ("La Porte"), a municipal corporation being
located in Harris County, Texas, each being organized and existing under the laws of the State of
Texas
WITNESSETH:
WHEREAS, the Port of Houston has undertaken construction of a hike and bike trail
located within Morgan's Point city limits, and is desirous of continuing said trail along
Donaldson Street, a public right-of-way located within the city limits of La Porte; and
WHEREAS, Morgan's Point will be responsible for maintenance of the hike and bike
trail upon completion; and
WHEREAS, Morgan's Point seeks a right of entry and construction onto the Donaldson
Street right-of-way for itself and its authorized agents, representatives, and employees, including
but not limited to the contractors acting on behalf of the Port of Houston; and
WHEREAS, La Porte has held public hearings on the hike and bike trail, and finds there
will also be public benefit to its citizens in the construction of the improvements contemplated
herein; and
WHEREAS, the parties agree that each has the authority to enter into this Interlocal
Agreement, and that the respective rights, duties, and obligations, regarding this joint project are
as specified in this Interlocal Agreement; now therefore
For and in consideration of the mutual covenants, obligations, and benefits hereunder, the
parties do hereby agree as follows:
I.
The parties find that the recitations and statements set out above true and correct.
II.
Morgan's Point, its employees, agents and authorized representatives, expressly including
contractors working on behalf of the Port of Houston Authority, is hereby granted the right to
enter, improve, construct improvements, and maintain certain improvements as further described
herein on that certain public right-of-way known as Donaldson Street, for the purposes of
constructing a portion of a public hike and bike trail.
The Improvements will consist of a paved surface, approximately 20 feet in width, with
associated landscaping, or grass improvements and cutting. Upon completion of the construction
by contractors for the Port of Houston Authority, Morgan's Point will maintain the
Improvements. La Porte shall have no financial obligations for maintenance of the
Improvements, unless caused by damage by city vehicles, employees, or in connecting to La
Porte's hike and bike trail improvements.
This Agreement shall be perpetual.
IV.
V.
La Porte may connect its internal hike and bike trail system to the Donaldson Street
Improvements.
VI.
The parties acknowledge that the work will be conducted in the municipal boundaries of
La Porte, and that La Porte will be notified in writing thirty (30) days before work commences.
LaPorte shall be provided with copies of all construction plans thirty days in advance of the start
of work and shall be allowed fourteen days to review the plans, make comments and request
changes. Any requested changes shall be reasonable and related to other plans for the use of
Donaldson Street right-of-way with which the plans may interface.
VII.
This instrument contains the entire Agreement between the parties relating to the rights
herein granted and the obligations herein assumed. Any modification of this instrument shall be
of no force and effect by a subsequent modification in writing signed by all parties hereto. This
Agreement shall bind and be for the sole and exclusive benefit of the respective parties and their
legal successors.
IN TESTIMONY OF WHICH, this Agreement, in duplicate originals, each having equal
force, has been executed on behalf of the parties hereto as follows; to wit:
a. It has, on the � day of (' 66't/- , 2009, been executed on behalf of the
City of Morgan's Point by its Mayor, pursuant to a motion of the City Council authorizing such
execution.
,JIL �`
b. It has, on the day of Oe! U�" , 2009, been executed on behalf of the
City of La Porte by its Mayor, pursuant to a motion of the City Council authorizing such
execution.
[Signatures continue on the next page]
EXECUTED effective as of the ��day of { d , 2009.
ATTEST:
Je y Re en, T C
Ci Secretary
ATTEST:
wiav')(_� CLAkw
Mai ha Gillett
City Secretary
CITY OF MORGAN'S POINT, TEXAS
Patricia Grimes
Mayor
CITY OF LA PORTE, TEXAS
Marry asley
ayo
Garrison, Bonnie
From: Lee, Peggy
Sent: Tuesday, November 10, 2009 10:46 AM
To: CSO - Staff
Subject: FW: Morgan's Point Hike and Bike Trail Agreement
Please file this with the Morgan's Point Hike/Bike Trail Inter -local Agreement, recently approved by City Council.
From: Tietjens, Tim
Sent: Tuesday, November 10, 2009 10:32 AM
To: Ken Bays
Cc: Lee, Peggy
Subject: Morgan's Point Hike and Bike Trail Agreement
Ken,
I understand there may be concern about the wording of section III of the agreement regarding the proposed
constructed trail width. I interpreted section III of the agreement as drafted by you, to be clear enough in its intent, and
therefore did not require any revision. Be that as it may, perhaps a written clarification will help the matter.
Please be advised that the City of LaPorte has not, and does not construe the 20 feet reference to mean 20 feet of hike
and bike trail pavement surface, but instead 20 feet of surface upon which all components of the trail may be placed, as
was intended.
The City of LaPorte has no intention of requiring the trail to be constructed with 20 feet of paved width. Our expectation
is for a S to 6 foot wide trail and associated grass/landscape material meandering through the easterly 20 feet of
Donaldson Street right of way as previously discussed.
I trust this will clarify any misconstruction of wording as per our joint interpretation. This message may be attached to
the agreement to provide clarification.
9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 26.20(19
s
Requested By: Tim Tietiens
u
Department: Planning
Report: _Resolution: X Ordinance: _
Exhibits:
Resolution
Letter from TX Comptroller of Public Accounts
Auoronriation
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted:
N/A
Amount Requested:
N/A
Budgeted Item: _YES
_NO
SUMMARY
The 2009 American Recovery and Reinvestment Act included funding for the Energy Efficiency and
Conservation Block Grant Program. The City of La Porte has been allocated $75,000 to develop and
implement projects to improve energy efficiency and reduce energy use and fossil fuel emission within
the community.
Action Required by Council:
;r approval of a Resolution to participate in the 2009 American Recovery and Reinvestment Act's
Efficiency and Conservation Block Grant Program.
r
�t A
Ron Bottoms, City Manager Date
RESOLUTION 09- 1 1
A RESOLUTION DECLARING THE INTENT OF CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS, TO PARTICIPATE IN THE 2009 AMERICAN RECOVERY AND
REINVESTMENT ACT (ARRA), FOR THE PURPOSE OF ENHANCING ENERGY
EFFICIENCY OF LOCAL FACILITIES.
WHEREAS, Congress passed the American Recovery and Reinvestment Act (ARRA) of 2009
and the President signed into law on February 17, 2009, to stimulate the economy and create
jobs; and,
WHEREAS, ARRA included $3.2 billion in funding for the Energy Efficiency and
Conservation Block Grant (EECBG) Program authorized in Title V, Subtitle E of the Energy
Independence and Security Act (EISA) and signed into law on December 19, 2007; and,
WHEREAS, the purpose of the EECBG program is to, 1) reduce fossil fuel emissions in a
manner that is environmentally sustainable, and to the maximum extent practicable, maximize
benefits for local and regional communities; 2) reduce the total energy use of eligible entities;
and, 3) improve the energy efficiency in the building sector, the transportation sector and other
appropriate sectors; and,
WHEREAS, the City of La Porte has limited financial resources and desires to support the
development of energy efficiency programs; and,
WHEREAS, the City of La Porte accepts its allocation and may also accept additional funds that
may become available at a later date; and,
WHEREAS, the City of La Porte has developed or is interested in developing a EECBG project,
which is sustainable and has measurable energy savings, job creation and economic stimulus
effects into the city and,
WHEREAS, the City of La Porte is determined to support energy efficiency projects that
leverage federal funds with other public and private resources, including coordinated efforts
involving other Federal programs targeting community development; and,
WHEREAS, the City of La Porte intends to comply with all agreed upon contractual
requirements of ARRA, the EECBG program and other federal and state law:
NOW, THEREFORE BE IT RESOLVED, THAT
1. The City of La Porte, through the City Manager, pursues all EECBG funding made
available through ARRA and being allocated by the State Energy Conservation Office to
be used to assist in reaching the city's goals of energy efficiency.
2. The City of La Porte continues its commitment toward energy efficiency for the citizens
of La Porte and all of Texas.
PASSED AND APPROVED this the )Ip day of October, 2009.
CITY OF LA PORTE, TEXAS
Barry easley, or
ATTEST:
a A. Gillett, City Secretary
APPROVED:
---
4A��-
Clark T. AsOns, Assistant City Attorney
S U S A N TEXAS COMPTROLLER Of PUBLIC ACCOUNTS
C O M B S P.O. Box 13528 • AUSTIN, TX 7871 1-3528
September 22, 2009
The Honorable Alton E. Porter
Mayor
City of La Porte
604 W. Fairmont Parkway
LaPorte, Texas 77571-6215
Dear Mayor Porter:
se 3 ® 2009
CiiY ® SECRETAR 5
I am pleased to inform you that the American Recovery and Reinvestment Act (ARRA) is
providing more than $45 million to the State Energy Conservation Office (SECO), a part of
the Comptroller's office, for the Energy Efficiency and Conservation Block Grant (EECBG)
program. This money will be available to small cities and counties that did not receive a direct
allocation from the U.S. Department of Energy (DOE) under this program.
In an effort to ensure that the 1,127 cities and 244 counties in Texas that are not receiving
direct dollars from DOE are able to benefit from this funding, the money will be redistributed
based on a population formula. As a result, it is currently anticipated that your city/county
may be eligible for $75,000.
The EECBG program, authorized in Title V, Subtitle E of the Energy Independence and
Security Act of 2007 and signed into Public Law (PL 110-140) on Dec. 19, 2007, will be
funded for the first time under ARRA. The purpose of the program is to provide funds to units
of local and state government, Indian tribes and territories to develop and implement projects
to improve energy efficiency and reduce energy use and fossil fuel emissions in their
communities. At the federal level, the program is administered by the Office of
Weatherization and Intergovernmental Programs in the Office of Energy Efficiency and
Renewable Energy of DOE..
A comprehensive list of the 1,127 cities and 244 counties that are eligible for these funds can
be found on our Web site at www.seco.epa.state.tx.us/arra/eecbg/index.php. In the event that
there are eligible communities that chose not to accept the funds, we will reallocate those
dollars to the participating cities and counties. Your final potential grant will be outlined in a
letter that will arrive when the application is sent to you.
WWW.WINDOW. STATE .TX. US 512-463-4000 • TOLL FREE: 1-800-531-5441 • FAx: 512-463-4955
12
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 26, 2009
Requested By: Stephen L. Barr
Department: Parks & Recreation
Report: X Resolution: Ordinance:
Exhibits:
Exhibits:
Exhibits:
Exhibits:
Bid Tabulation. Bid #10003
Bidder's List
Recommendation, Huitt-Zollars, Inc.
Appropriation
Source of Funds: Fund 15 & Fund 44
Account Number:
015-9892-893-1100
044-9892-981-1100
Fund 15 $1,792,945
Amount Budgeted:
Fund 44 $ 850,000
Amount Requested:
$1,381,148
Budgeted Item:
YES X NO
SUMMARY & RECOMMENDATION
Sealed Bid #10003 for construction of an approximate 6.7 mile bicycle -pedestrian trail on Fairmont
Parkway, and sidewalks and extensions on Bay Area Boulevard, and Canada Road for the City of La Porte was
sent to twenty contractors. Bids were opened on October 14, 2009 with eight contractors responding. Lucas
Construction, Inc. submitted the low bid meeting specifications, for the Base Bid and Supplemental Bid items
totaling $1,104,918.50 for construction of the trail segments according to the plans and specifications provided.
With the addition of a twenty-five percent contingency of $276,229.50, the total requested for this project is
$1,381,148.50.
The proposed trail is a major component of the City of La Porte Bicycle -Pedestrian Trail Master Plan,
adopted by City Council in 2003. The project will provide a 10' concrete bicycle -pedestrian pathway along the
south side of Fairmont Parkway from 8"' Street to the eastern boundary of La Porte at Willow Spring Gulley, and
two 8' concrete sidewalk extensions on Canada Road and Bay Area Boulevard between Spencer Highway and
Fairmont Parkway. The pathway, when completed, will provide an east -west connector between the cities of La
Porte and Pasadena, and also connect to the north -south routes along Bay Area Boulevard and S. Broadway,
providing access for citizens and visitors to travel into the La Porte business areas from the western side of the
city.
The City of La Porte has worked with Lucas Construction, Inc. on several projects, including Pine
Bluff Park, and is the prime sub -contractor on the West Side Sports Complex and park currently under
construction on Canada Road. The firm has many years of experience in the construction of transportation
infrastructure, including parking lots, sidewalks, and bicycle -pedestrian pathways.
Council has approved funding for the Fairmont Parkway portion of the project in Fund 15, and funding for the
Canada Road -Bay Area Boulevard portions of the project in Fund 44. Fund share from Fund 15 with
contingency, is $1,142,957 and fund share from Fund 44 with contingency is $238,191. Both portions of the
project are within the budgeted amounts.
Staff recommends acceptance of the overall low bid from Lucas Construction, Inc. for construction of
the bicycle -pedestrian pathway along the south side of Fairmont Parkway, and sidewalks and extensions on Bay
Area Boulevard, and Canada Road for the City of La Porte in the amount of $1,381,148 according to the plans
and specifications provided.
Action Required by Council:
Consider acceptance of the overall low bid from Lucas Construction, Inc. for construction of the
icy e-pedestrian pathway along the south side of Fairmont Parkway, and sidewalks and extensions on Bay
Area oulevard, and Canada Road for the City of La Porte in the amount of $1,381,148 according to the plans
ands ications r vided.
A nn nva Fnr f iAr n... 1 A ---A-
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BIDDER'S LIST
SEALED BID #10003 — PEDESTRIAN BIKE TRAIL
Four Seasons Development
5825 W. Sam Houston Pkwy N.
Houston, TX 77041
Lone Star Road Construction, Ltd.
10333 Windfern
Houston, TX 77064
Mar -Con Services, L.L.C.
P.O. Box 837
Deer Park, Texas 77536
Slack & Co. Contracting, Inc.
10622 South Main St
Houston, TX 77025
Brooks Concrete Inc.
4018 Allen Genoa
Pasadena, TX 77504
D. L. Meacham L.P.
2102 Haskins
Houston, TX 77080
DivisionOne Construction
2855 Mangum Rd., Suite B-105
Houston, TX 77092
Lucas Construction
551 C Link Rd.
League City, TX 77573
SpawGlass Civil Const., Inc.
13800 West Road
Houston, TX 77041
Comex Corporation
P.O. Box 862
Deer Park, TX 77536
Jerdon Enterprise, L.P.
13404 Redfish Lane
Stafford, TX 77477
C.F. Jordan, L.P.
9801 Westheimer, Suite 320
Houston, TX 77042
Harvey Builders
P.O. Box 42008
Houston, TX 77242-2008
Construction Ltd.
1825 Upland Dr.
Houston, TX 77043
Patak Construction, Inc.
1927 Hwy. 146
Kemah, Texas 77565
Angel Brothers Enterprises, Ltd.
P.O. Box 570
5210 West Road
D&W Contractors, Inc.
P.O. Box 1075
Channelview, Texas 77530
Durwood Green Construction Co., Inc.
P.O. Box 1338
Stafford, Texas 77477
BHR-Garver Construction, LTD.
7600 Santa Fe Drive, Bldg. Al
Houston, Texas 77061
Huff & Mitchel, Inc.
16410 Huffmeister
Cypress, Texas 77429
HuirrzoLLARs
October 16, 2009
Mr. Stephen L. Barr
Director of Parks & Recreation
City of La Porte
1322 South Broadway
La Porte, Texas 77571
Ref; Pedestrian Bike Trail System
Sealed Bid No. 10003
Letter of Recommendation for Construction Contract Award
Dear Mr. Barr:
Huitt-Zollars, Inc. (HZ) has reviewed the eight (8) bids submitted on the referenced project.
Attached is a copy of the bid tabulation for the eight bids received. There were mathematical
errors on the second and third lowest bidder; however, it did not affect the final rankings. Lucas
Construction Company Inc. submitted the lowest bid of $1,104,918.50.
HZ has reviewed the bids and feels the bid prices are appropriate for the work involved. Lucas
Construction was pre -qualified for this project. Thus, we recommend that the City of La Porte
award the contract based on the low bid of $1,104,918.50 to Lucas Construction Company Inc.
Should you have any questions, or require additional information please call or email
(edepau(ahuitt-zollars.com).
Sincerely,
Huitt-Zollars, Inc.
Emmanuel De Pau, .E.
Project Manager
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I:\02-1168-01 Fairmont Parkway Bi-Ped PathwaylCorrespondence\Letter CoLP 20091015 -Recommendation of Construction Award. doc
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13
REQI-WS11 FOR CITY COUNCIL AGENDA 1TT,M
Agenda Date Requested: Oct er 2 2009
Requested By: Ron Bottoms \ AOL
Department: Administration
Report: Resolution: Ordinance:
Exhibits: Sylvan Beach Pavilion Termination Letter
Exhibits: Sylvan Beach Lease with Harris County
Exhibits
Budizet
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Attached is a letter to Harris County terminating our lease agreement on the Sylvan Beach
Pavilion. I also asked Knox and Clark to examine the lease terms and evaluate any ramifications
to the City for terminating the lease. The legal opinion is that our exposure is limited to the
insurance proceeds we received, roughly $70,000, from Hurricane Ike damages. It's always
possible that Harris County could assert additional requirements.
Action Required by Council:
Council take action regarding terminating the Sylvan Beach Pavilion lease with Harris County.
A
Ron
Manager
Date
F
TEXAS
City of La Porte
Established 1892
October 27, 2009
Hon. Sylvia Garcia
Commissioner, Precinct 2
Harris County Commissioners Court
Harris County Administration Building
1001 Preston Avenue, Suite 950
Houston, TX 77002
Harris County Commissioners Court
Harris County Administration Building
1001 Preston Avenue, 9th Floor
Houston, TX 77002
ATTN: CLERK OF COMMISSIONERS COURT
via courier
via registered mail/rrr
Re: Lease of 5.835 acres of land, Sylvan Beach Park Site, La
Porte, Texas, Precinct 2, Dated July 1, 1986, between Harris
County, as Lessor, and the City of La Porte, as Lessee.
Dear Ms. Garcia and Clerk of Commissioners Court:
The City Council of the City of La Porte, at its regular meeting of
October 26, 2009, authorized this letter to Harris County, in
connection with the above referenced Lease.
Pursuant to paragraph XIX of the Lease, which provides that "City
may terminate the term of this agreement, without cause, at any
time by giving to County at least ninety (90) days written notice
of its intention to do so, specifying therein the effective date of
such termination," this letter shall serve as ninety (90) days
advance written notice, of the intention of the City to terminate
this Lease on February 1, 2010.
Pursuant to paragraph XVI of the Lease Agreement, which provides
that "City will also maintain fire and extended insurance coverage
on the pavilion building, written on the Texas Standard Form of
policy, in the amount of the full insurable value of the pavilion
building, with loss payable to the City and the County as their
interest may appear," the City insured the building for its full
insurable value of $2,802,900.00. The City of La Porte received
the sum of 569,461.88, from Texas Municipal League Inter Insurance
Exchange, for damages under its fire and extended coverage
insurance policy.
604 W. Fairmont Pkwy. • La Porte, Texas 77571 • (281) 471-5020
Commissioners Court
October 27, 2009
page 2
As you know, the Pavilion Building suffered damage due to Hurricane
Ike, on September 13, 2008. Pursuant to paragraph XVIII of the
Lease, the City of La Porte exercises its option that "County has
the right, but not the obligation, to remove the pavilion building
and other debris from the leased premises, in which event, City
will reimburse County, from the proceeds of the casualty insurance
policy, County's actual expense incurred in clearing the site." In
the event County elects to remove the pavilion building and other
debris from the leased premises, City will remit to County the sum
of $69,461.88, the proceeds of the City's casualty insurance
policy, in full satisfaction of the City's obligations under the
Lease.
The City of La Porte regrets that it is necessary to cancel this
Lease. The City looks forward to working with you, and the Harris
County Commissioners Court, on other matters of mutual interest in
the future.
Vursery truly,
LAO TE
By:
Ron Bottoms
City Manager
RB:sw
CC: Hon. Mayor & City Council
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
c
A G R E E M E N T
THE STATE OF TEXAS
COUNTY OF HARRIS
THIS AGREEMENT made and entered into pursuant to the
Interlocal Cooperation Act (Art. 4413(32c) V.T.C.S.] and Article
6081t, V. A. C. S., by and between the City of La Porte, a
municipal corporation under the laws of the State of Texas,
hereinafter referred to as "the City," and Harris County, a body
corporate and politic under the laws of the State of Texas,
hereinafter referred to as "the County;"
W I T N E S S E T H•
WHEREAS, it is to the mutual benefit of the City and the
County to provide public parks for the residents of the City and
the County; and
Whereas, the City desires to maintain a public park on
certain hereinafter described lands owned by the County and
located in the City of La Porte; and
WHEREAS,' the County is willing to permit the City to use the
said lands for such park purpos
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements and benefits to
both parties, it is agreed as follows:
I
Subject -to the terms and provisions hereinafter set forth,
County has rented and leased, and by these presents does rent and
lease, unto City, its successors and .assigns, for a term of forty
(40) years, beginning January 1, 1986, and ending December 31,
2025, (unless sooner ended in accordance with the provisions
hereof), the following described premises situated in Harris
County, Texas, to -wit:
Beginning at a point in the East right-of-way
line of Bayshore Drive from which a five -eights
inch iron bar bears South 81 degrees 28154" West
a distance of 97.09 feet, said iron bar marking
the Northeast corner of Block 49 of the Sylvan
Beach Subdivision as recorded in Volume 3 at Page
72, said iron bar being in the West right-of-way
line of Bayshore Drive (80 feet wide) at Circle
Drive.
Thence North 26 degrees 00' 00" East along the
said East right-of-way line of Bayshore Drive, as
fenced, a distance of 200.00 feet to a point for
an angle to the left;
Thence North 8 degrees 26' 18" East along said
fence, a distance of 143.17 feet to a point for
an angle to the right;
Thence North 14 degrees 05' 07" East along said
fence, a distance of 44.50 feet to a gate post for
corner;
Thence North 86 degrees 26' 52" East, leaving said
fence, along a line 0.80 feet South of an
parallel to a paved driveway, a distance of 81.62
feet to a point for corner;
Thence North 26 degrees 00' 00" East along a line
established by the back of curb of a traffic island
beginning at 36.00 feet and ending at 44.00 feet, in
all a distance of 130.81 feet to a point in the back of
curb of a parking lot for corner;
Thence South 64 degrees 00' 00" East a distance of
4r65feet e--cepeint Per- e9rner on the Raysido of
a wooden bulkhead;
Thence in a Southwesterly direction along the
meanders of the Bayside of said wooden bulkhead
a distance of 551.11 feet to a point for corner;
Thence North 64 degrees 00' 00" West, a distance
of 455.15 feet to the POINT OF BEGINNING and
containing 254,107 square feet (5.8335 acres) of
land.
II
(A) As rental for the use of said leased premises,
City covenants and agrees to pay County, without demand, at the
office of County Treasurer, Harris County, Texas, the sum of FIVE
THOUSAND SEVEN HUNDRED FORTY-SIX AND 33/100 ($5,746.33) DOLLARS
per year.
(B) City shall operate and manage all concessions
and collections of receipts on the premises. Provided, however,
the City may enter into concession agreements or other agreements
with other parties for concessions and collections of receipts on
the leased premises only with the prior written approval of the
Commissioners Court of Harris County, and such agreements will
not be effective until the terms and conditions thereof are
approved by the Commissioners Court of Harris County. The amount
of any fees and all rates and prices charged shall be subject to
-r
the prior approval by the Commissioners Court of County. City
and its concessionaires shall post a schedule of such fees, rates
and prices at all times in a conspicuous place on the premises.
III
The above indicated payments shall be due and paid by City
to the County annually, on or before the 15th day of February of
each year following each calendar year during which this
agreement is in effect for the whole calendar year or any portion
thereof. Provided, however, that the payment for the first two
years of the term of this agreement shall be due and paid by City
to the County on or before the 15th day of February following the
second calendar year during which this agreement is in effect for
the whole calendar year or any portion thereof. During the forty
year term of this agreement, City shall be allowed as a credit
against the annual rent due the sum of one -fortieth (1/40th) of
the amount expended by City in making the necessary restoration
and repairs to the existing pavilion building, during the first
twenty (20) months of the term hereof, as provided in Paragraph
IV below. In the event the credit in the amount of the said one -
fortieth (1/40th) of the amount expended by the City in making
the necessary restoration and repairs to the existing pavilion
building, as set out in Paragraph IV below, exceeds the amount of
rent for such calendar year, or portion thereof, the County shall
have no obligation to pay the difference to the City, and such
calculation shall be made each year during the term of this
agreement, without regard to the amoiini- of rent for any Prior or
subsequent year. If this agreement is terminated or expires at
any time other than at the end of a calendar year,. the payment
for that portion of the calendar year shall be due and payable
within forty-five (45) days after such termination or expiration.
All late payments will bear interest at the maximum legal rate of
interest.
IV
Within 180 days of the date of execution of this agreement,
City shall commence the following restorations and repairs of the
pavilion building and will proceed diligently until completed,
and will complete said restorations and repairs not later than
twenty (20) months from the date of commencement of the term of
this agreement.
a. Clean the sump pumps, the pump house, and the sump
lines and restore same for proper use;
placement;
b. Replace any steel beam and column in need of re-
c. Restore the lower level entry of the pavilion
building to original condition;
d. Grout the concrete beams where steel rebars are
exposed;
r
e. Repair as necessary all electrical service and
equipment and check for safety and proper operation;
f. Perform extensive repairs to the roof;
g. Replace all broken glass;
h. Repair all damaged exterior entry doors;
i. Remove all asbestos ceiling surfaces in the central
ballroom and replace with non -asbestos acoustical plaster.
j. Conduct a complete gas pressure test on the entire
gas pipe system and repair any discovered leaks;
k. Repair the existing levee;
1. Provide a separate water line and electrical meter
for the pavilion building.
In making the restoration and repairs described in this
paragraph, City shall expend not less than the sum of
$229,853.33.
U
City shall not make any additional improvement, additions or
alterations to the existing pavilion not provided for in
Paragraph IV above without the prior written consent of County.
In the event City desires to make any changes, additions or
additional improvements, City shall submit written plans and
specifications for same to the County Engineer for approval.
Minor changes and repairs costing less than the sum of $1,000.00
may be made without the consent of the County, however, City will
furnish • L
ten deeamentation of said minor changes to the County
Engineer.
VI
.City will neither place, nor cause to be placed, any sign,
projection, advertisement, or device of any kind whatsoever in
said park or upon the sidewalks or streets adjacent thereto, _
without the prior written consent of the Commissioners Court or
the County Commissioner in whose precinct the park is located.
City shall remove any and all said signs, projections,
advertisements or devices within thirty (30) days after
termination of the lease, whether by expiration of the term or
for any other reason.
VII
City will maintain in good repair the pavilion, parking lot,
fences, pump house, sump pumps, and all the other areas of the
leased premises and will furnish and maintain in good repair all
equipment necessary for the operation of the pavilion and other
areas of the premises. County shall have the right to enter upon
the leased premises at any time for the purpose of inspecting the
pavilion or other improvements located thereon to insure that
City is properly maintaining same.
VIII
The parking lot adjoining the leased premises may be used by
both the County and the City.
IX
County shall have the right, but not the obligation, during
the first year of the term of this lease and at ten year
intervals thereafter, to level up and re -surface the said parking
lot adjoining the leased premises. In the event County does
level up and resurface the said parking lot adjoining the leased
premises, City shall reimburse County one-half of the actual cost
thereof within thirty days of notice by the County to City that
said work has been completed.
X
It is understood that the leased premises shall be open to
the public for the purposes of having parties, dances, meetings
and other social events and any other lawful purposes during
reasonable operating hours, and for no other purpose except as
may be approved, in advance, in writing by the County.
City shall have the right to set reasonable and uniform fees
for use of the improvements on the leased premises during the
term of this lease. Neither City nor County shall make any
charge for parking at Sylvan Beach Parksite, however, City may
grant a valet parking concession to a qualified consessionaire as
part of City's operation, but no part of County's adjacent
parking facility shall be designated, set off, or set aside for
priviledged or exclusive use by the said valet parking
concessionaire.
XII
During the term of this lease, City shall pay all utilities
used at the leased premises.
XIII
During the term of this lease, City shall pay any applicable
local, state and federal taxes incident to the operation of the
leased premises.
,T
Ko
City shall provide police and fire protection at the leased
premises.
XV
City shall not assign or sublet its leasehold interest in
the leased premises without the prior written approval of County.
XVI
City agrees to purchase and maintain during the term of this
agreement a comprehensive liability insurance policy to cover
City and County for any liability in connection with the use of
the leased premises with coverage in the amounts of not less that
ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for injuries or death
to any one person, not less that THREE HUNDRED THOUSAND DOLLARS
($300,000.00) for injuries or death to more than one person in
any one accident or occurrence and not less than ONE HUNDRED
THOUSAND DOLLARS ($100,000.00) for damage to or destruction of
property in any one accident or occurrence, or in the amounts of
the County's maximum limitation of liability under the Texas Tort
Claims Act. City will also maintain fire and extended insurance
coverage on the pavilion building, written on the Texas Standard
Form of policy, in the amount of the full insurable value of the
pavilion building, with loss payable to City and the County as
their interests may appear. City shall furnish the County either
the original policies or certificates that such insurance is in
full force at all times during the term of this agreement.
XVII
City shall not allow any liens or any other encumbrances to
attach to the leased premises.
XVIII
In the event of damage or destruction of the leased
premises, whether partial or total, City may elect to restore the
improvements, using the proceeds of the casualty insurance
policy, plus other funds as necessary, or City may elect to
terminate the lease, in which event City will apply the proceeds
of the casualty insurance policy to remove the pavilion building
and other debris from the leased premises to the extent necessary
to clear the site, and thereafter any remaining insurance
proceeds may be used by Lessee for any other purpose, or, upon
City's request, County has the right, but not the obligation, to
remove the pavilion building and other debris from the leased
premises, in which event, City will reimburse County, from the
proceeds of the casualty insurance policy, County's actual
expense incurred in clearing the site.
XIX
City may terminate the term of this agreement, without
cause, at any time by giving to County at lease ninety (90) days
advance written notice of its intention to do so, specifying
therein the effective date of such termination. County may
terminate this agreement if and in the event the City fails or
refuses to perform any one or more of its obligations which are
to be performed during the term of this lease, or allows any form
of immorality or conduct offensive to the public to go unchecked,
or for ordinary mismanagement of the pavilion building or any
other area of the leased premises, or for permitting
deterioration of any part of the leased premises by failure to
maintain and keep same in a proper state of repair. County shall
not take any action or recourse against the City for any default
in the performance of the City's obligations, or any breach of
this lease agreement by the City, until thirty (30) days after
County has given City' written notice setting out in detail the
type and nature of the default or breach, and the failure of City
to cure such default or breach within such thirty (30) day
period.
XX
Any nni-ice permitted or required to city may b-e-
given by depositing the same in the United States mail,
registered, return receipt requested, with postage and registry
fee prepaid, and addressed to City at the following address, to -
wit:
City of La Porte
P. O. Box 1115
LaPorte, Texas 77571
Attention: Mayor
Any notice permitted or required by City to County shall
likewise be in writing and shall be delivered or deposited in the
United States mail, registered, return receipt requested, with
postage and registry fee prepaid, addressed to the County at the
following address, to -wit:
Harris County
Harris County
1001 Preston,
Houston, Texas
Attention:
Commissioners Court
Administration Building
9th Floor
77002
Clerk of Commissioners Court.
XXI
At the termination of this Agreement, whether by lapse of
time or under any of the conditions or provisions contained
herein, the pavilion building and all other improvements in the
leased premises will become the property of the County, and -City
will peaceably and quietly yield up and surrender the said leased
premises to the County.
- 1
XXII.
County reserves the right 'to grant permits and easement
across the leased premises for the purpose of providing utilities,
provided, however, that such utilities do not unreasonably
interfere with the City's use of the premises.
XXIII
In the event of condemnation of the premises or a portion
thereof, each party hereto shall recover the value of its
interest.
XXIV
This instrument contains the entire Agreement between the
parties relating t*o the rights herein granted and the obligations
herein assumed. Any representations or modifications concerning
this Agreement shall be of no force or effect excepting a
subsequent modification in writing sign
IN TESTIMONY WHEREOF, this instrument has been executed in
duplicate counterparts, each to have the force and effect of an
original as follows:
(aee e ) It has bxecuted on behalf of the County of
the /day of 1986, by the County Judge of Harris
wa
County, Texas, pur nt o an Order of the Commissioner's Court of
Harris County, Texas, sitting as the governing body of Harris
County, authorizing such execution; and
(b) It has been executed on behalf of the City of the 28th
day of April, 1986, by its Mayor and attested by its City
Secretary, pursuant to Resolution of the City Council of the City
of La Porte, authorizing such execution.
ATTEST:
CHERIE BLACK, City Secretary
CITY OF LA PORTE
NO MAN L. MALONE, kayor
COUNTERSIGNED:
THOMAS KEILMAN
City Controller
APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
WILLIAM R. BRUYERE
Senior Assistant County
Attorney
HARRIS COUNTY
a, �42, -
JqR LINDSAY
County Judge
ORDER AUTHORIZING COUNTY JUDGE TO EXECUTE
AN AGREEMENT BETWEEN HARRIS COUNTY
AND THE CITY OF LA PORTE
THE STATE OF TEXAS
COUNTY OF HARRIS
On this, the �� day ofIA3U , 1986 the
Commissioners Court of Harris County, Texas, sitting as the
governing body o Harris County, Texas, upon motion of
Comissioner�nA� , seconded by Commissioner
duly put and carried,
IT IS ORDERED that County Judge Jon Lindsay be, and he is
hereby, authorized to execute an Agreement between Harris County
and the City of La Porte for the lease of 5.8335 acres of land at
the Sylvan Beach Park,.upon the terms and conditions as provided
for in this Agreement being hereby referred to and made a part
hereof for all purposes as though fully set forth herein.
rrn! TIC
C�71�.fi`viISSlOP��S W��Z
W.nnlsd Vol. _Page
�N C74n L to GR0CLfiF_ a uF_ z
** C O U N T Y C L E R K
N9TFOFS��i HARRIS COUNTY, TEXAS
December 9, 1986��c{
City of LaPorte
Mayor Norman Malone
P.O. Box 1115
LaPorte, Texas 77571
Gentlemen:.
;
Enclosed is your fully -signed original of the Agreement with
Harris County for the following:
Amendment to Agreement between Harris County and
the City of La Porte regarding Sylvan Beach Park
an you or your coopera ion.
Sincerely yours,
Anita Rodeheaver, County Clerk and
Ex-Officio Clerk of Commissioners
Court of Harris County, Texas.
B 11�i -,Y-,) 0 c
Kevin Mauzy, DepartmenQTi ,
Commissioners Court Department
(221-6400)
AR: KM: acc
enclosure
1001 PRESTON, 4TH FLOOR • P.O. BOX 1525 9 HOUSTON, TEXAS 77251 • 7131221.6411
AMENDMENT TO AGREEMENT BETWEEN
HARRIS COUNTY AND THE CITY OF LA PORTE
THE STATE OF TEXAS
COUNTY OF HARRIS
THIS AMENDMENT TO AGREEMENT made, entered into and executed
by and between the County of Harris, a body corporate and politic
under the laws of the State of Texas, hereinafter referred to as
"the County", and the City of La Porte, a municipal corporation
under the laws of the State of Texas, hereinafter referred to as
"the City";
W I T N E S -S E T H•
WHEREAS, the County and the City have previously entered
into an Agreement for the restoration and repair of the pavilion
building and other improvements at Harris County Sylvan Beach
Park, dated July 1, 1986, hereinafter called "the Agreement"; and
WHEREAS, it has become apparent that the pavilion building
contains more extensive asbestos material than was originally
contemplated by the parties hereto; and
WHEREAS, it has also become apparent that the roof and
vinyl floors in the pavilion building are in need of complete
replacement, which was not contemplated by the parties hereto;
and
WHEREAS, it has also become apparent that one or more
underground gasoline storage tanks will have to be removed from
the premises; and
WHEREAS, the County desires for the City to install a fire
alarm station in the pavilion building; and
WHEREAS, the County also desires for the City to construct
hand rails around the wooden deck of the pavilion building; and
WHEREAS, the County desires for the City to replace the said
roof and vinyl floors, remove all asbestos material in the
pavilion building and remove the underground storage tanks, in
addition to installing the fire alarm station and hand rails; and
WHEREAS, the City is willing to perform the above described
additional work provided that it receives compensation for said
work;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements and benefits to
both parties, it is agreed as follows:
I
Section IV of the said Agreement which reads as follows:
"Within 180 days of the date of execution of this agreement, City
shall commence the following restorations and repairs of the
pavilion building and will proceed diligently until completed,
and will complete said restorations and repairs not later than
twenty ( 20 ) months from the date of commencement of the term of
this agreement.
a. Clean the sump pumps, the pump house, and the sump lines
and restore same for proper use;
b. Replace any steel beam and column in need of
replacement;
C. Restore the lower level entry of the pavilion building
to original condition;
d. Grout the concrete beams where steel rebars are exposed;
e. Repair as necessary all electrical service and equipment
and check for safety and proper operation;
f. Perform extensive repairs to the roof;
g. Replace all broken glass;
h. Repair all damaged exterior entry doors;
i. Remove all asbestos ceiling surfaces in the central
ballroom and replace with non -asbestos acoustical plaster.
j. Conduct a complete gas pressure test on the entire gas
pipe system and repair any discovered leaks;
k. Repair the existing levee;
1. Provide a separate water line and electrical meter for
the pavilion building.
In making the restoration and repairs described in this
paragraph, City shall expend not less than the sum of
$229,853.33."
is hereby amended to read as follows:
"Within 180 days of the date of execution of this agreement, City
shall commence the following restorations and repairs of the
pavilion building and other area within the leased premises, and
will proceed diligently until completed, and will complete said
restorations and repairs not later than twenty (20) months from
the date of commencement of the term of this agreement.
a. Clean thesump pumps, the pump house, and the sump lines
and restore same for proper use;
2
b. Replace any steel beam and column in need of
replacement;
C. Restore the lower level entry of the pavilion building
to original condition;
d. Grout the concrete beams where steel rebars are exposed;
e Repair as necessary all electrical service and equipment
and check for safety and proper operation;
f. Replace the entire roof;
g. Replace all broken glass;
h. Repair all damaged exterior entry doors;
i. Remove all asbestos material in the pavilion
and replace with non -asbestos acoustical plaster
material;
j. Conduct a complete gas pressure test on the
pipe system and repair any discovered leaks;
k. Repair the existing levee;
1. Provide a separate water line and electrical
the pavilion building;
M. Replace all flooring with new vinyl flooring;
n. Remove all underground storage tanks;
o. Install a fire alarm station;
p. Construct hand rails around wooden deck.
building
and other
entire gas
meter for
In making the restoration and repairs described in this
paragraph, City shall expend not less than the sum of
$229,853.33.11
The parties agree to share the cost of repairing and
restoring the pavilion building and other improvements to the
leased premises, up to a total cost of $269,853.33, with each
party being obligated for a percentage of the total cost, as
follows:
City of La Porte - 85.18% ($229,853.33)
Harris County - 14.82% ($40,000.00)
III
Within thirty (30) days after the execution of this
amendment, the County shall deliver to the City Treasurer its
check, payable to the City of La Porte, in the amount of
$40,000.00,' said amount being the County's share of the
restoration and repairs of the said pavilion building and other
improvements to the leased premises.
IV
From time to time, until completion of the restoration and
repair of the pavilion building and other improvements to the
3
leased premises, the City shall invest the unexpended portion of
the sum paid by County to City pursuant to paragraph III hereof,
which is not needed to meet obligations due or contemplated to be
due within sixty (60) days, in federal obligations or interest -
bearing time deposits. Upon completion of construction of the
restoration and repairs of the pavilion building and other
improvements to the leased premises, or at the end of twenty-one
(21) months from the date of commencement of the term of the
agreement, whichever occurs first, the City shall perform or
cause to be performed a final accounting. If the sum paid by the
County to the City hereunder, including interest earnings
thereon, exceeds an amount equal to 14.82% of the final cost of
the restoration and repairs of the pavilion building and other
improvements to the leased premises, the City shall pay over the
amount of such excess to the County.
V
The sum paid by the County to the City pursuant to paragraph
III above will not be used by the City for any purpose other than
paying for the County's 14.82% share of the cost of the
restoration and repairs of the pavilion building and other
improvements to the leased premises, so that each cost or expense
in connection with the said repairs and restoration will be paid
by the City using 14.82% County's funds and 85.18% City's funds.
VI
In the event of termination of the term of the agreement
pursuant to paragraph XIX thereof during the first twenty (20)
months after the date of commencement of the agreement, the City
will refund to the County that portion of the funds paid by the
County to the City pursuant to paragraph III of this amendment,
along with any interest earned on said money, which has not been
expended for the County's 14.82% share of the cost of repairs and
restoration of the pavilion building and other improvements to
the leased premises.
VII
It is expressly understood and agreed that the County has
appropriated and has available the maximum sum of $40,000.00 to
satisfy its obligations under this amendment, and that City has
appropriated and has available the sum of $229,853.33 to satisfy
its obligations under this agreement. It is further understood
that the City may, but shall not be obligated to, expend funds
for the repair and restoration of the pavilion building and other
improvements to the leased premises over and above the sum of
$229,853.33.
4
VIII
The City agrees to perform the work hereunder in accordance
with generally accepted standards applicable thereto and will
comply with all applicable state, federal, and local laws,
ordinances, rules, and regulations relating to the work to be
performed hereunder.
IX
All other terms and provision of the Agreement shall remain
in full force and effect as originally written.
IN TESTIMONY WHEREOF, this instrument has been executed in
duplicate counterparts, each to have the force and effect of an
original as follows:
(a) It ha-s 10eQn executed on behalf of the County on the
— M. day of 1986, by the County Judge of
Harris County, Texas, pursuant to an Order of the Commissioners
Court of Harris County, Texas, sitting as the governing body of
Harris County, authorizing such execution; and
(b) It 1jas been executed on behalf of the City on the
day of L-1 , 1986, by its Mayor and attested
- — -- —— —j .. --- ....._ 1 , t ..a �,..aaia� %.W vi uia. ialt%-= vt wit:C l.1Ly C.Ol1I1C:1.r
of the City of La Porte, authorizing such execution.
ATTEST: CITY OF LA PORTE
CHERIE BLACK RMAN MALONE
City Secretary Mayor
CO' TERSIGNED:
ROBERT STEW RT.
City Controller
APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
By
WILLIAM R. BRUYEpt
Senior Assista County Attorney
A
COUNTY OF HARRIS
By
J N INDSAY, County udge
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of
$40,000.00 to accomplish and pay the obligation of Harris County
under this amendment.
. F. FLACK, Co ty Auditor
A
ORDER AUTHORIZING COUNTY JUDGE TO EXECUTE AN
AMENDMENT TO AGREEMENT BETWEEN HARRIS
COUNTY AND THE CITY OF LA PORTE
THE STATE OF TEXAS
COUNTY OF HARRIS
On this, the day of('�,J 1986, the
Commissioners Court of Harris County, Texas, sitting as the
governing body f Harris County, Texas, upon motion of
Co 'sinner �. pr,seconded by Commissioner
�1 , duly put and carried,
IT IS ORDERED that County Judge Jon Lindsay be, and lie is
hereby, authorized to execute an Amendment to Agreement between
Harris County and the City of La Porte for the lease of 5.8335
acres of land at the Sylvan Beach Park, upon the terms and
conditions as provided for in said amendment being hereby
referred to and made a part hereof for all purposes as though
fully set forth herein.
c'resenied To
OCT 2O;a,�
Recorded Vol- .Rage_..........
14
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 26, 2009
Requested By: D. Wilmore1P$1V
Department: Planning
Report: X Resolution: Ordinance:
Exhibits: Highlight Memo on Inspection Division Activities
Exhibits:
Exhibits
Bud et
Source of Funds:
Account Number:
Amount Budgeted: _
Amount Requested:
Budgeted Item: YES
SUMMARY & RECOMMENDATION
Attached is a staff report highlighting Inspection Division activities..
Action Required by Council:
Re ive staff report
�D/it 169
Date
Memo
To: Mayor and City Cowc%4V
From: Debbie S. Wilmore, Chief Building Official
CC: Ron Bottoms, City Manager, John Joerns, Assistant City Manager; and Tim
Tietjens, Director of Planning
Date: 10/15/2009
Re: Highlight Memo on Inspection Division Activities
The following is our monthly report on some of the highlights of the Inspection Services
Division.
Staff assisted the Police Department in a welfare concern case at 1400 N. I e Street.
• Following a welfare concern report, an officer had PD Dispatch send an e-mail to us to
assist in the matter. We contacted the Park Manager and it was discovered that the
individual was not a tenant.
• Turns out a "relative" left the gentleman (with limited abilities) unattended in a trailer
that had no utilities, food or water. The manager provided food/water to the individual
but was unable to locate the relative. Police staff advised us to have the park manager
contact PD and request assistance from Adult Protective Services.
• Later, the manager updated staff that the relative was found and that the individual and
their relative have now rented a space and is fully connected to utilities.
A "thank you" from the owner of 615 N. Hghway 146.
• Staff worked closely with the owner and contractor on development of a new utility
trailer business. The job went very well and at the close of the project, the owner took
the time to send staff an e-mail thanking us for all our help during the construction of
his new office.
15
0
REQU OR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Oc her 26 009
Requested By: Ron Bottoms
Department: Administration
Report: Resolution: Ordinance:
Exhibits: CIP summaries
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
During the work session staff will update the Council on our various CIP projects.
Action Required by Council:
Receive report.
Ron Bottoms, City Manager
`a `G i
Date
2008-2009
YEAR-END CIP REPORT
PUBLIC WORKS
Project 669 — Sanitary Sewer Rehabilitation
PROJECT DESCRIPTION
In May of 1993, the City filed a proposed schedule with the EPA for the investigation and
rehabilitation of the sanitary sewer system. The City, through the use of in-house and contract
labor, has been systematically working through the system to identify and correct sources of
inflow, as well as repair structurally inadequate collection facilities.
Additional work may be identified and accomplished through contract or force account.
Addition or replacement of minor equipment may be purchased as needed to carry out the
program.
WORK COMPLETED
In -House Projects
• Remove/Replace Sewer Main(linear feet) 1,045
• Point Repairs (each) 68
• Manhole Inspections (each) 568
• Manhole Repairs/Rehab/Replace (each) 72
• Sewer Main Smoke Testing (linear feet) 68,802
• Sewer Main Cleaning (linear feet) 55,750
• Sewer Main Televising (linear feet) 17,041
Contracted Projects
• Sewer Main Cleaning/Televising (linear feet) 2,093
• Manhole Rehabilitation (vertical feet) 1,892
• Sewer Main Sliplining (linear feet) 6,170
• Reconnect Residential Services (each) 108
PROJECT 872 — CONCRETE STREET RESTORATION
PROJECT DESCRIPTION
The Concrete Restoration Project is designed to rehabilitate existing concrete streets that have
experienced settlement and joint displacement. The process involves pumping material beneath
sunken slabs, raising them to the original profile and elevation. This process will also be used to
level sunken curb lines to reestablish drainage flow. This process now has several vendors,
using similar techniques. It is anticipated that the Project will be an ongoing program.
WORK COMPLETED
1. 10410 — 1042 Quiet Hill (curb line)
2. Farrington @ Quiet Hill on Quiet Hill @ intersection.
3. 10453 Collingswood @ Old Hickory (curb line).
4. 10459 Collingswood @ Old Hickory (curb line).
5. Old Hickory @ Winding Trail.
6. Concrete alley between Belfast and Carlow Lane.
7. West D between South 3d & 4th on the south side of street.
8. West D between South 4th & 5th. on the south side of street.
9. West D between South 5th & 61h on the south side of street.
THIS PROJECT IS COMPLETE
Project 880 — Utility Equipment Replacement
PROJECT DESCRIPTION
Ongoing improvements to various utility sites, including replacement of motor controls, pumps,
motors, chlorinators & other equipment. Specific projects are as follows:
WORK COMPLETED
• Replace Fairmont Park booster pump
• Replace fence at LS 11, 12 & 37
• Replace two (2) rotor gear boxes (WWTP)
• Replace Golf Course control panel (WWTP)
THIS PROJECT IS COMPLETE
Project 898- In-house Waterline Replacement
PROJECT DESCRIPTION
In-house utility forces will construct all waterline replacement. No engineering anticipated.
WORK COMPLETED
• 800 Blk of S. 1st & 2nd from W. "H" St. to W. "G" St 400ft
• 800 Blk of S. 1st & S. Broadway from W. "H" St. to W. "G" St. 400ft
• 200 Blk of N. 1 st & N. Broadway from W. Polk to W. Adams 500ft
• 300 Blk of N. 1st & N. Broadway from W. Adams to W. Tyler 500ft
• 100 Blk of N. Iowa 500ft
• 1000 block of San Jacinto 460ft
THIS PROJECT IS COMPLETE
Project 933- Sens Road Utility Relocation — Phase II Construction
PROJECT DESCRIPTION
The upcoming widening of Sens Road from Spencer Highway to North P Street will require the
relocation of existing water distribution and wastewater collection lines. Preliminary
Engineering has been completed. Final design is currently underway. With the completion of
the Bay Area Blvd, Trunk Sewer in FY 2004-05, the potential to eliminate lift stations in the
eastern portion of Northwest La Porte will be incorporated in the relocation effort. Phase II of
the project will fund the actual construction. The project is necessary to relocate existing utilities
to allow the Sens Road widening to occur.
WORK COMPLETED
Prequalifcation complete. Final bid documents complete. Project has been on hold pending
resolution of proposed improvements to North L Street from Sens Road to Underwood Road.
Additional holdups included resolution of ROW issues in conflict with private utility relocations
and obtaining approvals from pipeline operators in conflict areas.
Approval obtained from all pipeline companies. Submitted plans and specifications to Harris
county for final approval. Expect to bid this Project in next quarter.
Project 934 — Spenwick Water System/Upgrade (Phase II)
PROJECT DESCRIPTION
The water system serving the Spenwick area is two separate systems. Originally, Spenwick was
served by small lines in the rear yards. The County constructed new, larger lines in the 80's, to
improve pressures and fire protection, but the service connections were never changed to the new
lines. Additionally, not all streets were served by the new lines.
WORK COMPLETED
THIS PROJECT IS COMPLETE
Project 938 —Aeration Improvements
PROJECT DESCRIPTION
The Wastewater Treatment Plant has been evaluated for future needs, with approximately $6M
in improvements identified, including engineering.
WORK COMPLETED
The Project is substantially complete. The Engineer was directed to design switchgear for all
three (3) electrical services serving the Plant. The Contractor has submitted a proposed Change
Order to install switchgear for the new service currently under construction. This CO has been
approved. Preliminary electrical work is underway, with delivery of switchgear and installation
expected in the next quarter.
Project 944 — Municipal Court Building
PROJECT DESCRIPTION
This Project involves the design of the new Municipal Court Facility, to be located adjacent to
the recently completed Police Department Facility.
WORK COMPLETED
THIS PROJECT IS COMPLETE
Project 949— Public Works Facility Rehabilitation — Phase II
PROJECT DESCRIPTION
The existing Public Works facility is in excess of 25 years old. The building, a steel frame with
metal sheathing has deteriorated over the years. The roof leaks, walls have rusted through & the
insulation is ruined in many areas. Phase I of the project, removal of the existing metal roof &
associated trim & install a new metal roof with 3 inch insulation, is complete. Phase II of the
project is to remove & replace existing wall panels & insulation. Additionally, switch gear will
be added to the electrical service to provide for the connection of a portable emergency
generator.
WORK COMPLETED
THIS PROJECT IS COMPLETE
Project 952 — Lift Station #38 Rehab
PROJECT DESCRIPTION
This Project involves the rehabilitation of Lift Station #38 (Sunrise Drive) as recommended by
engineering evaluation. The Project includes the rehabilitation of the existing wet well, and the
replacement of existing pumps and motors.
WORK COMPLETED
THIS PROJECT IS COMPLETE
Project 953 — Lift Station #6 (Design Only)
PROJECT DESCRIPTION
As recommended in the May 1984 Comprehensive Wastewater Collection and Treatment Plan,
the October 1997 Southeast Sanitary Sewer Trunk Main and Lift Station Facilities Report, and
the 2000 La Porte Comprehensive Plan a large diameter trunk sewer was constructed along the
west side of Bay Forest Golf Course to south of McCabe Road. The project included a proposed
lift station at the intersection of Taylor Bayou and McCabe Road. In August 2002, La Porte
secured easements for trunk sewer which began construction in 2007. The construction of this
line will allow the development of approximately 300 acres of land. Corresponding to the
culmination of this project, the receiving Lift Station #6 requires upgrading to complete the
project.
WORK COMPLETED
Design is complete. Currently working with Harris County Flood Control to exchange lots
owned by the city for lots owned by HCFCD to site the new lift station. Construction of this
facility is not anticipated until development occurs in South La Porte in the new and proposed
subdivisions surrounding the Bay Forest Golf Course.
Project 955 — SCADA System
PROJECT DESCRIPTION
This Project involves the replacement of the twenty year old SCADA system that provides for
control of the LPAWA system. The system has failed completely, and parts are no longer
available. Water Production staff currently operates the system manually.
WORK COMPLETED
THIS PROJECT IS COMPLETE
Project 967— Asphalt Overlay
PROJECT DESCRIPTION
This project is an additional program to enhance the Street Sales Tax Projects. While these
funds were used in 07-08 to provide for overlay, the use of these funds in the 08-09 fiscal year is
planned for concrete street replacement. This project will provide for the overlay of streets
utilizing general fund revenue. It is anticipated that the sales tax will be utilized in the 09-10
budget year for this program. The estimated cost is $949,050. The remaining $50,000 is for
engineering, testing and contingency.
WORK COMPLETED
THIS PROJECT IS COMPLETE
Project 977 — Update Water Master Plan
PROJECT DESCRIPTION
The last full update of the City's Water Master Plan is dated May 1984. Many system
improvements have been made since that time, as well as regulatory changes. The La Porte Area
Water Authority has purchased 7.8 MGD of treated surface water capacity at the City of
Houston's Southeast Purification Plant; the City has constructed one new elevated storage tank
and several thousand feet of new water lines to improve flow & circulation.
The update is needed to measure the effectiveness of completed improvements & identify
additional improvement necessary, together with projected priorities & estimates.
WORK COMPLETED
The draft Plan was approved and is currently being assembled for printing.
THIS PROJECT IS COMPLETE
Project 978 — Valley Brook Water Line Replacement
PROJECT DESCRIPTION
The existing waterline along Valley Brook from Spencer Hwy to Hillridge is constructed of cast
iron pipe, & has been susceptible to frequent breakage due to the material & age (40+ years).
Replacement of this line with C900 PVC will eliminate this problem. This Project will be
designed and constructed in coordination with Project 531 - Concrete Streets (Valley Brook &
Antrim)
WORK COMPLETED
THIS PROJECT IS COMPLETE
Project 979 — Lift Station Evaluation
PROJECT DESCRIPTION
The City has completed rehabilitation of five (5) lift stations identified in the Engineering Report
prepared several years ago. With the completion of these projects, it is requested that an
additional five (5) lift stations undergo an engineering evaluation to recommend improvements
for future capital improvements. The proposal list includes Lift Stations 10 (Glen Meadows), 13
(North L Street), 14 (North L Street), 19 (Lomax School Road) & 37 (Luella Blvd).
WORK COMPLETED
THIS PROJECT IS COMPLETE
Project 980 — Fairmont Utility Relocation Project
PROJECT DESCRIPTION
Harris County has initiated the design of improvements to Fairmont Pkwy from SH 146 to South
16t' Street. The proposed improvements will require the relocation of utilities within the ROW
to accommodate the proposed widening
WORK COMPLETED
THIS PROJECT IS COMPLETE
Project 531 - Concrete Streets (Valley Brook & Antrim)
Project Description
This project is the continuation of the replacement of concrete & overlay of asphalt streets,
utilizing the street maintenance sales tax. The proposed replacement includes Valley Brook
Drive from Old Orchard to Hillridge, and Antrim from Farrington Blvd. to Piney Brook. This
Project will be designed and constructed in coordination with Project 978 — Valley Brook Water
Line Replacement
WORK COMPLETED
Concrete pavement, driveways and sidewalks complete on Valleybrook. Final cleanup and grass
replacement underway. Westbound lane of Antrim removed, lime stabilized and concrete
pavement completed. Expect to complete removal and replacement of eastbound pavement,
curbs, sidewalk and driveways and grass replacement in next quarter.
2009 — 2010 GOLF COURSE
CAPITAL IMPROVEMENTS
I. Entrance Improvements at the canal.
A. Dredge and bulk head east and west of the drive way.
1. Budget amount received. (50,000 — 60,000)
2. Design and specifications to be done by City staff.
3. Water Aeration. We are in the process of gathering
specifications and cost amounts.
II. Clubhouse Improvements
A. Painting for inside and outside of clubhouse
1. Estimates received (8,000 — 10,000)
2. Specifications sent to purchasing for quotes
B. Flooring estimates are not complete.
III. Golf Course Restroom
A. Painting is complete
B. Men's toilet replaced
IV. Drainage and Tunnel Repairs
A. Design complete for outflow weir on hole #2.
(CobbFendley& Assoc)
B. Design in progress for outflow weir on hole #5.
(CobbFendley & Assoc.)
C. Design in progress for wing wall replacement on the tunnel.
(CobbFendley & Assoc.)
Capital Improvement 4th Quarter Report
Parks & Recreation Department
October 26, 2009
Project 675 — Joint Ventures for Capital Improvements
PROJECT DESCRIPTION
These funds will be earmarked for joint ventures with recognized youth sports programs and other
organizations that wish to contribute towards improvements of City -owned facilities. These funds will
be combined with contributions from other groups or associations made to the City of La Porte sports
facilities, parks and beautification projects on City -owned properties.
FOURTH QUARTER FY 08-09
There were no requests for joint venture projects for the 08-09 fiscal year. We do expect to receive
requests for the upcoming year for this program.
Project 798 — Land Acquisition
PROJECT DESCRIPTION
This project is to support the acquisition of additional parkland and a drainage project. Community
growth and growth in youth sports programs have necessitated this project.
FOURTH QUARTER FY 08-09
This project has been suspended and funding shifted to cover the budget shortfall for the new sports
complex. The project can be re -visited at a future time when conditions and circumstances warrant.
Project 869 — Sylvan Beach Pavilion Renovations
PROJECT DESCRIPTION
The Sylvan Beach Pavilion is in need of repairs & renovation to make it more attractive for provision of
special events, wedding receipts, quinceneras & other social events for the La Porte area. Paint exterior
building & make cosmetic repairs where needed.
FOURTH QUARTER FY 08-09
Project on hold. No change in the status of this project.
Project 876 — Pond to Park — Phase III
PROJECT DESCRIPTION
Phase I development of the "Pond to Park" project on property obtained from the East Fairmont Park
Homeowner's Association has been completed, and Phase II is currently ready for construction. We are
requesting funding for the final project construction phase. Phase III includes lighting, jobbing trail,
pavestone pavers, and other park amenities. The Fairmont Park East Homeowner's Association is
contributing a total of $75,000 toward all three phases of the project. Their remaining share for Phase
III will be $20,000.
FOURTH QUARTER FY 08-09
The final components, landscape and irrigation portions of the project, has been installed and accepted.
THIS PROJECT IS COMPLETE
Project 893 — Bicycle -Pedestrian Trail System — Pasadena Connector
PROJECT DESCRIPTION
This project is the second high priority segment of the Bicycle Pedestrian Trail System (Southside Trail or
Safe Routes to School Trail is completed) that was identified in our 2003 Implementation Plan. The 5.2
mile segment will provide additional recreation and transportation opportunities for La Porte citizens by
connecting the Central Business District of La Porte, eastward to the Pasadena Trail system & southward
along Bay Area Blvd to Pasadena & Houston. The trail segment will begin at Little Cedar Bayou Park,
move north to Fairmont Pkwy, east along the south side of Fairmont Pkwy to the Pasadena Convention
Center. Further north -south connectors throughout La Porte will link other parts of La Porte, including a
trail segment at Big Island Slough, Canada Road, Spring Gulley, Driftwood and Bay Area Blvd. The trail
will connect through Little Cedar Bayou Park to the Southside Trail as well.
FOURTH QUARTER FY 08-09
This project has been combined with GEN981, Bay Area Boulevard and Canada Road sidewalk expansion
and new pathway for bidding. Bids have been received for this project upon approval, we are ready to
begin construction as soon as mid —November. Permitting approval from Harris County has been
received. It is our understanding that Harris County is proceeding with their improvements at SH146 &
Fairmont Parkway, which should dovetail nicely with the installation of the trail at that location. The
project has a 180 day project timeline, and should be completed next summer.
Project 903 — Shoreline Protection
PROJECT DESCRIPTION
The City of La Porte received a series of three grants from the Texas General Land Office for shoreline
protection and beach restoration at Sylvan Beach Park. The first grant was for a feasibility study and
preliminary design of shoreline protection and beach restoration, which was funded at the 85%/15%
level by the TGLO and the City of La Porte respectively, and has been completed. The second grant
funded the design and USACE permitting process for the project was funded at 85%/7.5%/7.5% by
TGLO, CoLP and Harris County, respectively. The third grant is for construction of the project. When
implemented, it will be funded at 60%/20%20% by the same three entities. The project was selected as
an Alternate project in the 2004-2005 biennium which means that it will be funded if another project
falters or does not get its permitting, etc. The City will re -submit its funding request for the upcoming
state biennium fiscal funding cycle.
FOURTH QUARTER FY 08-09
The project has experienced some delays in concrete pours due to inclement weather and is currently at
about 65% complete on concrete work. All the final sand is on site and being installed on the north and
south beaches. The project is slightly behind schedule, but the contractor is shooting for substantial
completion by the end of November.
Project 925 — Landscape and Irrigation — Entrance Signs
PROJECT DESCRIPTION
Entrance signs into La Porte are complete. This project will provide lighting, irrigation and landscape
materials and installation to complete this project.
FOURTH QUARTER FY 08-09
The contractor has substantially completed this project. Staff has completed a walk-through and a
punch list with a target date of October 30, 2009. The City will take over maintenance of the project at
that time.
Project 961— Roof Replacements/Remodel Parks
PROJECT DESCRIPTION
• Evelyn Kennedy Civic Center — roof is 12 years old & we are experiencing roof leak problems at
the building. Recommend roof replacement with Durolast material (or equal) with 15 year
warranty - $40,000.
• Recreation & Fitness Center Gym & Pool area — roof is 16 years old & we are experiencing
continuing leak problems at the skylights and walls. Recommend roof replacement with
Durolast material (or equal) with 15 year warranty - $55,000.
• Little Cedar Bayou Wave Pool Restrooms & Mechanical Room — roof is 19 years old & we are
experiencing continuing leak problems at this facility. Recommend roof replacement with
Durolast material (or equal) with 15 year warranty. - $16, 500.
• Remodel Building and Roof at Brookglen Pool — this building was acquired in 1999. Structure
needs to be remodeled and roof needs to be replaced - $65,000.
FOURTH QUARTER FY 08-09
The final component, Brookglen Pool Roof Replacement is currently out for bids. Bid opening is set for
the end of October. The timeline for receipt of the pre -fabricated roof and erection is 90 days. The
project should be completed around the end of the second quarter of the new fiscal year.
Project 962 — Remodel Northside Baseball Field
PROJECT DESCRIPTION
The baseball field at Northside Park was originally built more than twenty years ago & it is in need of
renovation. This project will replace the existing fencing & backstop & dugouts, replace the scoreboard,
renovate the field, provide landscaping & signage for the new field. Renovation of this field will build
usage & utilization of the park & its facilities - $65,000.
FOURTH QUARTER FY 08-09
Dedication held on June
THIS PROJECT IS COMPLETE
Project 963 — Replace Equipment at Pfeiffer Park
PROJECT DESCRIPTION
In 1998 the City of La Porte adopted a program of park playground equipment & park service equipment
replacement. The program will continue for the upcoming fiscal year, replacing the playground and park
service equipment at Pfeiffer Park that was installed approximately 20 years ago. This project will be
completed by Force Account & should not require any engineering or design services. The project will
not have an impact on the City's operating costs, but will provide a safer environment for recreational
activities at Pfeiffer Park.
SECOND QUARTER FY 08-09
THIS PROJECT IS COMPLETE
Project 964— Replace Equipment at Seabreeze Park
PROJECT DESCRIPTION
The playground equipment at Seabreeze Park has deteriorated due to the corrosive effects of the
constant self air from Galveston Bay. This project will replace the playground & park service equipment
at Seabreeze Park that was installed approximately 11 years ago. This project will be completed by
Force Account and should not require any engineering or design services. The project will not have an
impact on the City's operating costs, but will provide a safer environment for recreational activities at
Seabreeze Park.
THIRD QUARTER FY 08-09
THIS PROJECT IS COMPLETE
Project 965— Park Upgrade — Landscaping & Park Enhancements — Little Cedar Bayou Park
PROJECT DESCRIPTION
The Landscaping & amenities at Little Cedar Bayou Park is in need of enhancement. Little Cedar Bayou
Park is our flagship park, with the largest attendance in the City, containing the Wave Pool, Girl's Softball
Complex, Multi -purpose Athletic Fields, Picnic Areas, Playgrounds & Trail Head.
Components indentified are:
• A landscape design for the park
• Seal coating of roadway & parking, re -striping of park
• Re -surface tennis courts
• Enhance picnic area
• Improve landscaping around Girl's Soft ball Complex, Wave Pool & Multi -purpose Fields
FOURTH QUARTER FY 08-09
This project is under design. The architect should have plans available for review and bidding by the end
of the first quarter of the new fiscal year, with completion expected by the end of the second quarter.
Project 966— Tile/Carpet Replacement — La Porte Recreation & Fitness Center
PROJECT DESCRIPTION
These funds will be earmarked for the & carpet replacement at the RFC as follows:
• Both locker rooms & dressing areas — the is 19 years old & we are experiencing cracking &
chipping in both locker rooms. Recommend replacement with larger size tile which will improve
appearance as well as ability to clean, estimated cost - $21,352
• Both locker room shower areas — the is19 years old & we are experiencing cracking & chipping in
both areas. Recommend replacement with larger size tile which will improve appearance as
well as ability to clean, estimated cost - $14,040
• Administrative Office Area — carpet is 19 years old. Public area carpet was replaced in 2005 but
not office areas. Propose replacing carpet in front office & hallway with ceramic tile & replacing
vinyl tile in kitchen & restroom with ceramic tile to match. Carpet for interior offices is still
serviceable & will not be replaced as part of this project. Ceramic tile will improve appearance
as well as ability to clean, estimated cost - $9,536.
FOURTH QUARTER FY 08-09
The tile work in the locker rooms and administrative offices has been completed. The new carpet in the
cardiovascular area and hallways has been installed.
THIS PROJECT IS COMPLETE
Project 975 — Sports Complex/Ballfields
PROJECT DESCRIPTION
This funding will be used to design and construct a youth baseball complex and related infrastructure at
Westside Park. Funding for this project of $1,234,321 can also be found in Fund 48 (2006 General
Obligation Bond Fund) bringing the total funding to $4,137,271.
FOURTH QUARTER FY 08-09
The construction manager at risk has issued his Guaranteed Maximum Price and Council has approved
funding necessary to complete the project. Infield mix has been installed and sod is expected to start
installing this week. The lighting is in place; work continues on fencing, irrigation, and foundation work
for the two structures, all of which have been delayed by inclement weather. The project is still on
target for opening in early April, to coincide with the youth baseball season.
PROJECT DESCRIPTION
The fire department is trying to add an 80-100 person classroom at the fire training
facility. It will be a large one room building to hold citywide fire training classes. It can
also be rented out as a classroom when the field is rented.
FOURTH QUARTER
Over-all the project is approximately 55% complete, foundation and structure is at 100%,
HVAC 60%, and electrical is 10%; anticipate a December 1 completion. The project is
currently ahead of schedule and within budget.
REQU
Agenda Date Requested: Oct
Requested By: Ron Bottoms
Department: Administration
Report: Resolution:
I' FOR CITY C(
Ordinance:
Exhibits: Bus route memo
Exhibits: Bus route maps (2)
Exhibits
)UNCIL AGENDA ITEM
Budizet
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Mr. Ken Fickes with Harris County will be in attendance to discuss the proposed bus service that
includes La Porte. Attached is a memo discussing this service and maps of two of the planned
routes that will affect our community.
Action Required by Council:
Receive presentation and provide direction.
Ron Bottoms, City Manager
Date
Social Services Block Grant
Hurricane Ike Relief Routes
Demonstration Projects
The Harris County Community Services Department has received approval of a Social
Services Block Grant from Texas Workforce Solutions to provide expanded and new
route services in portions of Harris County not served by Houston METRO. The grant
provides 100% funding during the grant period which ends September 30, 2010.
Operation of the new routes is anticipated to start in mid -November, 2009. The routes
are as follows:
Pasadena to La Porte Route
A bus route between South Houston, City of Pasadena, City of Deer Park, San Jacinto
College, and La Porte with connecting service to Shore Acres, Seabrook, Nassau Bay,
University of Houston Clear Lake, and the Harris County Housing Assistance Center
and Freeman Library located at 16606 Diana Lane off of Bay Area Blvd.
La Porte to Seabrook, Nassau Bay & University of Houston Clear Lake
The above Pasadena to La Porte route will have a transfer connection in the City of La
Porte in order for passengers to have access to the Harris County Housing Assistance
and other services in the Nassau Bay area including the Christus Saint John Hospital
and various United Way service providers.
Baytown San Jacinto Mall to Crosby Texas
This route will provide connecting service from the existing Baytown fixed route
service via the San Jacinto Mall to McNair, Barrett Station, The Highlands and Crosby
area. This route will provide service to an additional Harris County Housing
Assistance Center to be located at the San Jacinto Mall in Baytown.
Additional County Wide Door to Door Transit Services
As part of the County's ongoing commitment to the needs of elderly/disabled and low
income individuals, Harris County Community Services will be able to expand its
services to participants in Hurricane Ike recovery efforts to insure that as many
individuals as possible receive needed case management, Job placement and medical
and legal services as possible during the recovery period.
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Meeting Handout
C
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 10/26/09
Requested By: Kenith AdenX
Department: Police
Report: X Resolution: Ordinance:
Exhibits: Live Demonstration from City Web -site
Exhibits
Bud et
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Representatives of the Police Department will be providing the members of City Council with a
brief overview and demonstration of several new features that are now available on the Police
Department's Web -page.
These new features are collectively referred to as Police to Citizen, or "P2C" for short, and
provide citizens with the opportunity to extract non -classified police data directly from the
Department's new state-of-the-art SunGard records management software system that was
approved by City Council last March. Using P2C, citizens of La Porte can find out who is
currently being housed in the La Porte Jail, print police incident and traffic accident reports from
home, scroll through information and pictures of local sex offenders, and view a list of wanted
subjects. The P2C application also provides a convenient way for citizens to perform simple
searches and view reported crime activity on an interactive map for any location within the City
of La Porte. The web site is open to the public and is accessible from the La Porte Police
Department's web site by clicking on the online reports and incident button or by entering the web
address: http://p2c.websteEpd.com/.
20
ORDINANCE NO. 2 0 0 9 - C
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND RON BOTTOMS,
FOR THE POSITION OF CITY MANAGER OF THE CITY OF LA PORTEy MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT] FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW] AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the employment agreement with Ron Bottoms as City Manager of the
City of La Porte, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The Mayor is hereby authorized to execute such document
and all related documents on behalf of the City of La Porte. The
City Secretary is hereby authorized to attest to all such
signatures and to affix the seal of the City to all such documents.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval and it is so ordered.
PASSED AND APPROVED, this 26th day of October, 2009.
ATTEST:
Martha A. Oililett
City Secretary
APPROVED:
rk T. Askins
Assistant City Attorney
CITY OF LA PORTE
By
Barry easley
Mayor
2
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF LA PORTE AND RON BOTTOMS
FOR THE POSITION OF CITY MANAGER
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
KNOW ALL PERSONS BY THESE PRESENTS
THIS AGREEMENT made and entered into this 26`" day of October 26, 2009, but effective as of
October 1, 2009, by and between the City of La Porte Texas, a municipal corporation, hereinafter
called "Employer", and Ron Bottoms, hereinafter called 'Employee", both of whom understand
as follows:
WITNESSETH:
WHEREAS, Employer desires to employ the services of said Ron Bottoms as Employee of the
City of La Porte, as provided by the Article III, Section 3.01 of the Charter of the City of La
Porte; and
WHEREAS, it is the desire of the governing body, hereinafter called "City Council," to provide
certain benefits, to establish certain conditions of employment, and to set working conditions of
said Employee; and
WHEREAS, Employee desires employment as Employee of said City of LaPorte; and
WHEREAS, The parties acknowledge that Employee is, or will become, a member of the
International City/County Management Association (ICMA), and the Texas City Management
Association (TCMA) and that Employee is subject to the Codes of Ethics of these organizations;
NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree
as follows:
Section 1: Duties
Employer hereby agrees to employ said Ron Bottoms as Employee of said Employer to perform
the functions and duties specified in said Charter of the City of La Porte and applicable provisions
of the City Code and to perform other legally permissible and proper duties and functions as the
City Council shall from time to time assign.
Section 2: Term
A. Employee agrees to remain in the exclusive employ of Employer during the term of this
agreement, and agrees not to become employed by any other employer until said termination as
hereinafter provided, except as provided in Section 9 of this agreement.
B. This Agreement shall be in effect for a single term of three (3) years, beginning on October 1,
2009, thru and including September 30, 2012.
C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City
Council to terminate the services of Employee at any time, subject only to the provisions set forth
in Section 3 of this agreement.
D. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the
Employee to resign at any time from this position with Employer, subject only to the provisions
set forth in Section 4 of this agreement.
Section 3: Termination and Severance Pay
A. In the event Employee is terminated by the City Council during the term of this agreement and
during such time that Employee is willing and able to perform the duties under this agreement,
then in that event Employer agrees to pay Employee a lump sum cash payment equal to 4 months
aggregate salary, and benefits described as follows:
Employee shall also be compensated for all earned sick leave, vacation, holidays, and other
accrued benefits to date.
In the event Employee is terminated because of conviction of a felony or crime of moral
turpitude, then, in that event, Employer shall only be obligated to pay for all accrued benefits
hereinabove described, but shall only be obligated to pay salary up to and including the date of
termination.
B. In the event Employer at any time during the term of this agreement reduces the salary,
compensation, or other financial benefits of Employee in a greater percentage than an applicable
across-the-board reduction of all employees of Employer, or in the event Employer refuses,
following written notice, to comply with any other provisions benefiting Employee herein, or the
Employee resigns following a suggestion, whether formal or informal, by the City Council that he
resign, or the employer declines to renew the employees contract then, in that event Employee
may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to
comply within the meaning and context of the herein severance pay provision.
Section 4: Resignation
In the event Employee voluntarily resigns his position with Employer during the term of this
agreement, then Employee shall give Employer 30 days notice in advance, unless the parties
agree otherwise in writing. In this event, the severance pay provisions of Section 3 will not
apply.
Section 5: Disability
If Employee is permanently disabled or is otherwise unable to perform his duties because of
sickness, accident, injury, mental incapacity or health for a period of four successive weeks
beyond any accrued sick leave and leave available under the Family Medical Leave Act, if any,
Employer shall have the option to terminate this agreement, subject to the severance pay
requirements of Section 3, Paragraph A.
Section 6: Salary
Employer agrees to pay Employee for his services rendered pursuant hereto, an annual base
salary of $148,950.44, payable in installments at the same time as other managerial employees of
the Employer are paid. In addition, Employer agrees to increase said base salary and/or benefits
of Employee in such amounts and to such extent as the City Council may determine that is
desirable to do so on the basis of annual salary review as a part of the annual performance
evaluation process and at any other time the City Council deems appropriate.
Section 7: Performance Evaluation
A. The City Council shall review and evaluate the performance of the Employee following the
sixth month of employment and at least once annually thereafter. Such review and evaluation
shall be in accordance with specific criteria developed jointly by Employer and Employee, and in
accordance to the provisions of the La Porte City Charter and Personnel Policies. Said criteria
may be added to or deleted from as the City Council may from time to time determine, in
consultation with the Employee. Further, the Mayor of the City of La Porte shall provide the
employee with a summary written statement of the findings of the City Council and provide an
adequate opportunity for the Employee to discuss his evaluation with the City Council.
B. Annually, the City Council and Employee shall define such goals and performance objectives
that they determine necessary for the proper operation of the City of La Porte and in the
attainment of the City Council's policy objectives and shall further establish a relative priority
among those various goals and objectives, said goals and objectives to be reduced to writing.
They shall generally be attainable within the time limitations as specified and the annual
operating and capital budgets and appropriations provided.
C. In effecting the provisions of this Section, the City Council and Employee mutually agree to
abide by the provisions of applicable law.
Section 8: Work Hours
It is recognized that Employee must devote a great deal of time outside the normal office hours to
the business of the Employer, and to that end Employee will be allowed to take time off as he
shall deem appropriate during said normal office hours.
Section 9: Outside Activities
Employee shall not spend more than 10 hours per week in teaching, consulting or other non
Employer -connected business without the prior approval of the City Council. Employee's outside
activities shall not interfere or conflict with any duties or responsibilities required under this
agreement including the number of hours.
Section 10: Automobile
Employee's duties will require that he use his personally owned vehicle for Employer business.
Employer has recognized this by agreeing to pay to Employee $500 per month to reimburse
Employee for the business use of his vehicle. Employee shall be responsible for paying for
liability, property damage, and comprehensive insurance, and for the purchase, operation,
maintenance, repair, and regular replacement of said automobile. If, however, the destination of a
business trip exceeds a 100-mile radius from La Porte, Employee shall have the option of using a
City -owned pool vehicle for the purposes of such business travel and the City shall supply the
fuel for the City vehicle or Employee may be reimbursed for mileage beyond 100 miles at the
prevailing city mileage reimbursement rate.
Section 11: Vacation, Sick, and Military Leave
A. Employee shall accrue and have credited to his personal account, 120 hours of vacation
annually and sick leave at the same rate as other general employees of the Employer. Said
vacation and sick leave shall be subject to provisions as outlined in Section 3 of this agreement,
upon termination of Employee. In addition, if Employee voluntarily resigns as described in
Section 4 of this agreement, Employer agrees to compensate employee for all accrued vacation
and sick leave up to and including the final date of employment. Employer agrees to credit
Employee with 120 hours of vacation leave at time of employment.
B. Employee shall be entitled to military reserve leave pursuant to Federal or State law and City
of La Porte policies.
Section 12: Health, and Life Insurance
Employer agrees to provide hospitalization, surgical, and comprehensive medical insurance and
life insurance for Employee equal to that provided all other employees of the City, and to pay the
premiums thereon on the same basis as for other employees of Employer. In addition, Employer
agrees to provide additional life insurance for Employee in the amount of $150,000.
Section 13: Retirement
Employer shall provide and pay for Employee's participation in the retirement plan of the Texas
Municipal Retirement System in a manner and rate consistent with all other employees of the
City of LaPorte.
4
Section 14: Dues and Subscriptions
Employer agrees to budget and to pay for professional dues and subscriptions of Employee
necessary for his continuation and full participation in national, regional, state, and local
associations and organizations necessary and desirable for his continued professional
participation, growth, and advancement, and for the good of the Employer. Said dues and
subscriptions shall include, but not be limited to, Texas City Management Association,
International City/County Management Association, and their regional and local affiliate
organizations.
Section 15: Professional Development
A. Employer hereby agree to budget for and to pay for travel and subsistence expenses of
Employee for professional and official travel, meetings, and occasions adequate to continue
professional development of Employee and to adequately pursue necessary official functions for
Employer, including but not limited to the TCMA Annual Conference, the ICMA Annual
Conference, the National League of Cities, the Texas Municipal League, and such other national,
regional, state, and local government groups and committees thereof which the Employee serves
as a member. Participation in said professional development activities shall be considered a part
of the Employee's work related duties and Employee shall not be required to use accrued leave
for such participation.
B. Employer also agrees to budget for and to pay for travel and subsistence expenses of
Employee for short courses, institutes, and seminars that are necessary for his professional
development and for the good of the Employer.
Section 16: Civic Club Membership
Employer recognizes the desirability of representation in and before local civic and other
organizations, and Employee is authorized to become a member of a local civic club of his
choice, for which Employer shall pay all expenses. Employee shall report to the Employer on
each membership that he has taken out at Employer's expense.
Section 17: Indemnification
In addition to that required under state and local law, Employer shall defend, save harmless, and
indemnify Employee against any tort, professional liability claim or demand or other legal action,
whether groundless or otherwise, arising out of an alleged act or omission occurring in the
performance of Employee's duties as Employee, unless arising from Employee's willful
misconduct. Employer will compromise and settle any claim or suit and pay the amount of any
settlement or judgement rendered thereon, provided however, that any settlement shall be subject
to the review and approval by Employee.
Section 18: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee under
law or ordinance by virtue of his employment.
6i
Section 19: Other Terms and Conditions of Employment
A. The City Council, in consultation with the Employee, shall fix any such other terms and
conditions of employment, as it may determine from time to time, relating to the performance of
Employee, provided such terms and conditions are not inconsistent or in conflict with the
provision of this agreement, the Chapter 6 of the Texas Local Government Code or other law.
B. All provisions of the City of La Porte Code of Ordinances, and regulations and rules of the
Employer relating to vacation and sick leave, retirement and pension system contributions,
holidays, and other benefits and working conditions as they now exist or hereafter may be
amended, shall also apply to Employee as they would to other employees of Employer, in
addition to said benefits enumerated specifically for the benefit of Employee except as provided
herein.
Section 20: Notices
Notices pursuant to this agreement shall be given by deposit in the custody of the United States
Postal Service, postage prepaid, addressed as follows:
(1) EMPLOYER: Barry Beasley
Mayor
City of La Porte
604 East Fairmont Parkway
LaPorte, Texas 77571
(2) EMPLOYEE: Ron Bottoms
10454 Tree Hollow Circle
LaPorte, Texas 77571
Alternatively, notices required pursuant to this agreement may be personally served in the same
manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of
personal service or as of the date of deposit of such written notice in the course of transmission in
the United States Postal Service.
Section 21: General Provisions
A. The text herein shall constitute the entire agreement between the parties with respect to the
subject matter hereof.
B. This agreement shall be binding upon and inure to the benefit of heirs at law and executors of
Employee.
C. This agreement shall become effective commencing October 1, 2009.
D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional,
invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed
severable, shall not be affected, and shall remain in full force and effect.
IN WITNESS WHEREOF, the City of La Porte, Texas, has caused this agreement to be signed
and executed in its behalf by its Mayor, Barry Beasley, and duly attested to by its City Secretary,
and the Employee has signed and executed this agreement, both in duplicate, the day and year
first written above.
/1vtoI=, i
Cam►
Martha a A. Gillett
City Secretary
APPROVED AS TO FORM:
Clark T. Askins
Assistant City Attorney
AS
Ciw
B
"EMPLOYEE"
7
Meeting Handout
Harris, Sharon
From: BEASLEY, BARRY (ATTSI) Ub9201 @att.com]
Sent: Wednesday, November 04, 2009 10:05 AM
To: Harris, Sharon
Subject: Fw: Resignation
------Original Message ------
From: Georgia. Malone
To: Barry Beasley
Subject: Resignation
Sent: Oct 26, 2009 3:53 PM
Barry, My apologies for the late notice, but I've been in a meeting most of the day and my
cell phone is on the fritz. I had planned on talking to you earlier, but did not have the
opportunity and with my cell not working, I did not have your cellphone number. Anyway, in
light of a meeting with the president of my company earlier today regarding the current and
future expectations of my position, it has been made clear to me that the main focus of my
efforts, time and energy need to be spent on my job. That being said and in weighing my
options and priorities, it is necessary for me to resign my position as city councilmember.
I've attached an "official" letter of resignation. Regards, Georgia Georgia Malone City
Councilmember At Large A City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571
Cell: 281-954-1475
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