HomeMy WebLinkAbout2010-10-25
MINUTES OF REGULAR MEETING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
October 25, 2010
1. Call to order
The meeting was called to order by Mayor Rigby at 6:00 p.m.
Members of City Council Present: Council members Tommy Moser, John Zemanek, Mike
Clausen, Chuck Engelken, John Black, Daryl Leonard, Jay Martin, Mike Mosteit and Mayor
Rigby
Members of Council Absent: None
Members of City Executive Staff and City Employees Present:
City Manager's Office: Ron Bottoms, Stacey Osborne and Melisa Boaze
Legal: Clark Askins
City Secretary's Office: Martha Gillett
Finance: Michael Dolby, Shelley Wolny and Phyllis Rinehart
Planning: Tim Tietjens, Peggy Lee, Rodney Slaton and Debbie Wilmore
Police Department: Chief Ken Adcox, David Huckabee and Chris Paige
Public Works: Steve Gillett
Fire: Mike Boaze and Donald Ladd
Purchasing: Jeana Masterson and Susan Cream
Parks and Recreation: Stephen Barr
EMS: Ray Nolen and Lisa Camp
Others Present: Dottie Kaminski, Alton Hall, Richard Fletcher, Karen Rigby, Phillip Hoot,
Don Hill, Mr. and Mrs. Rosa, John Blakemore, Mark Roberts, Mark Follis, Ken Schlather,
Leslie Guzman, John Mata, Jerry Farmer, Alfred Ortega, James Ray, Stanley Briers,
Norma Elliott, David Tucker, Anita Willis, Tom Campbell, Debra Gallington, Marylee Nolley,
Colleen Hicks, Robin Vest, and Tony Villarreal.
2. The Invocation was given by Don Hill of La Porte Interchurch Council.
3. Councilman John Zemanek led the Pledge of Allegiance.
4. Presentations/Proclamations
Presentation - Mayor Rigby recognized Assistant Chief of EMS Lisa Camp and presented
her with a plaque for receiving the National Paramedic of the Year award.
5. Petitions, Remonstrances, Communications, Citizens and Tax Payers wishing to address
Council on any item posted on the agenda (Limited to five minutes)
Anthony Villarreal, 3903 Barracuda Lane - thanked the City for the pavement
improvements on Bay Colony. Suggested that the new street drug referred to as "K2" be
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on October 25, 2010
2
made illegal to sell in the City of La Porte; and for all motorists be required to carry
insurance on their motor vehicles. He is also "for" item B on consent relating to the
purchase of new exercise equipment at the Parks and Recreation facility, and also Items
12A and 12B.
Mary Lee Nolley, 2918 E. Street - shared her concerns with expenses associated with
Safety Town.
David Tucker, 8603 Lazy Brook Lane - asked that the drainage improvements in
Brookglen please be placed below the ground, without the use of a ditch, asked that the
City kindly get serious about the drainage problems within the city.
Alfred Ortega, 85 Fichter, Houston - asked the Council to consider adopting the new
Uniform Codes.
Stanley Briers, 219 Whispering Oaks, Taylor Lake Village - is in favor of adopting the new
Uniform Codes.
Mark Follis, 831 S. 7th Street - is against adopting the new Uniform Codes.
Tom Campbell, 128 S.8th - is in favor of adopting the new Uniform Codes.
Mark Roberts, 19176 6th Ave., Covington, LA - is in favor of the International Codes.
James Ray, 601 Canyon Springs - is in favor of adopting the new Uniform Codes.
John Mata, 18062 FM 529, Cypress, Texas - is in favor of adopting the new Uniform
Codes.
Jerry Farmer - 1502 Red Bud Ct., Pearland, Texas - is in favor of adopting the new
Uniform Codes.
6. Consent agenda - Any item may be removed by a Councilperson for discussion.
A. Consider approval or other action of minutes of Regular Meeting and Public
Hearing of La Porte City Council held on October 11, 2010 - M. Gillett
B. Consider approval or other action approving the purchase and installation of
fitness equipment for the La Porte Recreation & Fitness Center utilizing the
Texas Buy Board process - S. Barr
C. Consider approval or other action authorizing the City Manager to approve an
additional authorization for survey and design work to re-route the bicycle-
pedestrian connector trail from Brookglen subdivision to Pecan Park, and to
request reimbursement from Centerpoint Energy - S. Barr
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D. Consider approval or other action awarding bid #11001 for replacement
vehicles and two (2) additional vehicles - S. Gillett
E. Consider approval or other action authorizing the expenditure for professional
services materials testing for the Fleetwood Drive Street and Drainage Project
- S. Gillett
F. Consider approval or other action allowing the City Manager to enter into a
lease agreement with Dell Financial Services for laptop and desktop
computers - J. Suggs
G. Consider approval or other action regarding an ordinance amending the City
of La Porte 2010-2011 Fiscal Year Budget (Ord. 3291) - M. Dolby
H. Consider approval or other action regarding an ordinance authorizing a
banking service agreement with Amegy Bank for a five (5) year term beginning
November 1,2010 (Ord. 3292) - M. Dolby
I. Consider approval or other action changing dates of November and December
City Council meetings due to holidays - R. Bottoms/M. Gillett
J. Consider approval or other action awarding bid #10027 for office supplies - S.
Cream
Assistant City Attorney Clark Askins read the following Ordinance captions:
Ordinance 3291 - AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET
FOR THE CITY OF LA PORTE,TEXAS, FOR THE PERIOD OF OCTOBER 1, 2010
THROUGH SEPTEMBER 30, 2011; FINDING THAT ALL THINGS REQUISITE AND
NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID
BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3292 - AN ORDINANCE APPROVING AND AUTHORIZING A BANKING
SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND AMEGY
BANK OF HOUSTON, TEXAS FOR A FIVE YEAR TERM, COMMENCING NOVEMBER 1,
2010, AND TERMINATING OCTOBER 31, 2015; MAKING VARIOUS FINDINGS AND
PROVISION RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Council member Engelken abstained on item 6C on the Consent agenda.
Items B, E, G and H were pulled for discussion.
Item J was taken off of consent and voted on separately.
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Motion was made bv Councilmember Mosteit to approve items A throuQh I of the consent
aQenda as presented. Second bv Councilmember Clausen. Motion carried.
Ayes: Engelken, Black, Martin, Clausen, Mosteit, Moser, Leonard, Zemanek and Mayor
Rigby
Nays: None
Abstain: Engelken (on item C)
Absent: None
Motion was made bv Councilmember Moser to reiect bids on item J and rebid on this item.
Second bv Councilmember Zemanek. Motion carried.
Ayes: Engelken, Black, Martin, Clausen, Mosteit, Moser, Leonard, Zemanek and Mayor
Rigby
Nays: None
Abstain: None
Absent: None
Item number 11 was taken out of order at this time to discuss, and or take action on.
11. Consider approval or other action regarding an ordinance denying Centerpoint Energy's
proposed rate change (Ord. 3295) - R. Bottoms
Mr. Alton Hall an Attorney with the Coalition of Cities presented a summary and
recommendation and answered Councils' questions.
Assistant City Attorney Clark Askins read Ordinance 3295 AN ORDINANCE RELATING
TO THE RETAIL ELECTRIC RATES OF CENTERPOINT ENERGY HOUSTON
ELECTRIC, LLC WITHIN THE CITY OF LA PORTE, TEXAS; DENYING A RATE
INCREASE AND MAINTAINING IN EFFECT THE CURRENT RATES THAT SHALL
CONTITUTE THE CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC RATES TO BE
OBSERVED WITHIN THE CITY OF LA PORTE UNTIL CHANGED UNDER THE
UTILITIES CODE; MAKING FINDINGS AND CONTAINING OTHER PROVISIONS
RELATING TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABIL TY; AND
DECLARING AN EMERGENCY.
Motion was made bv Councilmember Black to approve Ordinance 3295 denvino Center -
point EnerQV's proposed rate chanoe as presented bv Mr. Hall. Second bv Councilmember
Mosteit. Motion carried unanimouslv.
Ayes: Black, Martin, Leonard, Mosteit, Moser, Zemanek, Clausen and Mayor Rigby
Nays: None
Abstain: Engelken
Absent: None
7. Consider approval and other action regarding an ordinance amending Chapter 82
"Buildings and Building Regulations" of the Code of Ordinances by adopting the 2009
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on October 25, 2010
5
Edition of the International Codes (Residential, Building and Energy Conservation) with
local amendments and adopt the 2009 Edition of the Uniform Codes (Plumbing and
Mechanical) with no local amendments (Ord. 3293) - D. Wilmore
Chief Building Official Debbie Wilmore presented summary and recommendation and
answered Councils' questions.
Assistant City Attorney Clark Askins read Ordinance 3293 AN ORDINANCE ADOPTING
NEW BUILDING CODES (INTERNATIONAL CODE COUNCIL) BY AMENDING
CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY
AMENDING CHAPTER 82, "BUILDINGS AND BUILDING REGULATIONS," ARTICLE II
"BUILDING CODES," SECTION 82-31 "ADOPTION" AND SECTIONS 82-32
"RESIDENTIAL CODE AMENDMENTS" AND 82-33 "BUILDING CODE AMENDMENTS";
ARTICLE III "PLUMBING CODE" SECTION 82-66 "ADOPTION", ARTICLE VI "ENERGY
CONSERVATION CODE", SECTION 82-412 "ADOPTION" AND SECTION 82-413
"AMENDMENTS"; ARTICLE VII "MECHANICAL CODE", SECTION 82-441 "ADOPTION",
PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY
OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilmember Mosteit to approve Ordinance 3293 as presented bv
Ms. Wilmore. Second bv Councilmember Clausen. Motion carried.
Ayes: Mosteit, Clausen, Black, Moser and Martin
Nays: Mayor Rigby, Engelken, Leonard and Zemanek
Abstain: None
Absent: None
8. Consider approval or other action awarding bid #10032 for Flume/Sheet Flow Drainage
Project Construction - 1. Tietjens
Director of Planning Tim Tietjens presented summary and recommendation and answered
Councils' questions.
Council directed staff to fast track this item and complete before the rainy season.
Motion was made bv Councilmember Enqelken to reiect bid #10032 for Flume/Sheet Flow
Drainaqe Proiect Construction as presented bv Mr. Tietiens. Second bv Councilmember
Zemanek. Motion carried unanimouslv.
Ayes: Engelken, Black, Martin, Leonard, Mosteit, Moser, Zemanek, Clausen and Mayor
Rigby
Nays: None
Abstain: None
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on October 25, 2010
6
Absent: None
9. Consider approval or other action regarding arbitrage payment to Internal Revenue
Service of $94,796.73 - M. Dolby
Director of Finance Michael Dolby presented summary and recommendation and
answered Councils' questions.
Richard Fletcher with Arbitrage Compliance Specialist spoke regarding the arbitrage
payment.
Motion was made by Councilmember Enqelken to approve arbitraqe payment to Internal
Revenue Service of $94.796.73 as presented by Mr. Fletcher. Second by Councilmember
Leonard. Motion carried unanimously.
Ayes: Engelken, Black, Martin, Leonard, Mosteit, Moser, Zemanek, Clausen and Mayor
Rigby
Nays: None
Abstain: None
Absent: None
10. Consider approval or other action regarding an ordinance amending Ordinance 1285
"Policeman's Civil Service", to change number of positions in rank classifications (Ord.
3294) - K. Adcox
Police Chief Kenith Adcox presented summary and recommendation and answered
Councils' questions.
Assistant City Attorney Clark Askins read Ordinance 3294 - AN ORDINANCE AMENDING
ORDINANCE 1285, "AN ORDINANCE IMPLEMENTING POLICEMAN'S CIVIL SERVICE;
ESTABLISHING CLASSIFICATIONS; NUMBER OF AUTHORIZED POSITIONS IN EACH
CLASSIFICATION; ESTABLISHING PAY SCHEDULES", CONTAINING A SEVERABILTY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Enqelken to approve Ordinance 3294 as presented
by Chief Adcox. Second by Councilmember Clausen. Motion carried unanimously.
Ayes: Engelken, Black, Martin, Leonard, Mosteit, Moser, Zemanek, Clausen and Mayor
Rigby
Nays: None
Abstain: None
Absent: None
12. Close Regular Meeting and Open Workshop Meeting
The Regular Meeting was closed and a ten minute recess was called at 8:25 p.m.
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on October 25, 2010
7
The Workshop Meeting reconvened at 8:35 p.m.
A. Discuss amendments to Sex Offenders Ordinance and provide staff with direction - K.
Adcox
Chief Ken Adcox discussed amendments to Sex Offenders Ordinance.
Council directed staff to move forward with the proposed changes to the ordinance.
B. Discuss amendments to Chapter 70, "Traffic and Vehicles" of the Code of Ordinances
and provide staff with direction - K. Adcox
Chief Ken Adcox discussed amendments to Chapter 70, "Traffic and Vehicles" of the
Code of Ordinances.
Council directed staff to move forward with the proposed changes to the ordinance,
with an addition of verifying proof before releasing the vehicle.
13. Close Workshop Meeting and Open Regular Meeting
Mayor Rigby closed Workshop Meeting and reconvened Regular Meeting at 8:50 p.m.
14. Receive Report from Fiscal Affairs Committee - Chairman Chuck Engelken
Chairman Chuck Engelken provided a report from the Fiscal Affairs Committee.
15. Receive Monthly Inspection Report from Staff - D. Wilmore
Chief Building Official provided the monthly Inspection Report.
16. Administrative Reports - R. Bottoms
October 26 - 29,2010 - Annual TML Conference and Exhibition - Corpus Christi, Texas
October 28, 2010- Plaza by the Bay Fall Series - Fall Bazaar - 7 p.m. - 10:00 p.m.
17. Council Comments: Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Black
and Mayor Rigby
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
18. 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
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on October 25, 2010
8
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)
551.074 (Personnel Matter)
Evaluation of City Manager
Council retired into Executive Session at 8:58 p.m.
Council reconvened to Regular Meeting and Workshop Meeting at 10:27 p.m.
19. Consider action on employment contract of City Manager for the purpose of deliberating
the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of
a public officer or employee or to hear complaints or charges against a public officer or
employee, unless the officer or employee requests a public hearing.
Councilmember Engelken made a motion to approve a 2% rate increase for the City
Manager with no extension to his contract. Second by Councilmember Martin. Motion
carried.
Ayes: Engelken, Black, Martin, Leonard, Mosteit, Zemanek, Clausen and Mayor Rigby
Nays: Moser
Abstain: None
Absent: None
20. Adjournment
Being no further business, the meeting was duly adjourned at 10:28 p.m.
Respectfully submitted,
~atd~/(~
Martha Gillett, TRMC
City Secretary
roved on this 8th day of November 2010.
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
October 25. 2010
Budl!et
Requested By: Steve Gillett
Source of Funds: GEN957
Department: Public Works
Account Number: 050-9892-957-1100
Amount Budgeted: $2,000,000
Report: X Resolution:
Ordinance:
Exhibits: Professional Services Proposal
Amount Requested: $58,057
Exhibits:
Budgeted Item: YES
Exhibits
SUMMARY & RECOMMENDATION
Quality control assurances within the design specifications for the Fleetwood Drive Street and
Drainage Project require various tests for moisture, density, stabilization, concrete slump and
strength, etc.
The firm of Professional Services Industries (PSI) has submitted a proposal to provide
construction materials testing for the Project in the amount of$ 58,057.00. PSI Inc. has provided
this type of professional services for many La Porte projects in the past and provided excellent
services. Additionally they have an office in La Porte and provide an excellent response time for
the City and Contractor.
Action Required bv Council: Authorize the expenditure with PSI Inc. for professional services
at . als testing for the Fleetwood Drive Street and Drainage Project in the amount of
$58,0 7.00
Council A enda
to Iii ~,
Date
ln~;lbiformntion
~.,. .To Build On
Engineering . ConsuIfing . Rtsting
October 1, 2010
Mr. Don Pennell
City of La Porte - Public Works
2963 North 23rd Street
LaPorte, Texas 77571
Phone: 281-471-9650
Re: Proposal to Provide Professional Services
Construction Materials Engineering and Testing
Fleetwood Drive
Street and Drainage Improvements
La Porte, Texas
PSI Proposal No.: 0204-30915
Dear Mr. Pennell:
Professional Service Industries, Inc. (PSI) is pleased to submit to City of La Porte-Public
Works the following proposal for construction materials testing and inspection services
for your project Fleetwood Drive Street and Drainage Improvements project in La Porte,
Texas.
PSI is a national family of consulting engineering and testing offices specializing in
materials testing and inspection, environmental consulting, and geotechnical
engineering services. We are one of the nation's leading consulting engineering firms
with more than 3,000 employees in 130 offices located throughout the United States.
PSI performs a complete range of engineering and testing services including:
);- Environmental Consulting Services
(Site Assessments, Asbestos, Lead Paint, Indoor Air Quality Services)
);- Geotechnical Engineering and Drilling Services
);- Construction Materials Testing and Inspection
);- Non Destructive Testing
);- Facilities Consulting
PSI's central office for the Houston region is located adjacent to the downtown business
district at 1714 Memorial Drive and can respond quickly at short notice. In addition, PSI
has three satellite offices; North Houston, La Porte and Clute, from which we can
provide additional support to your project.
Professional Service fndustries. Inc. . 1413 West Barbours Cut. La Porte, TX 77571 . Phone 281/471-2900' Fax 281/471-2956
City of La Porte-Public Works
PSI Proposal No.: 0204-30915
October 1,2010
Page 2 of 10
PSI proposes to provide experienced qualified technical personnel to perform services
in general accordance with the project plans and speCifications. PSI will perform these
services as requested by the client. Michael J. Whitecotton, PE will be the responsible
registered Engineer for your project.
Scope of Services:
PSI understands the project will consist of the installation of 48" RCP and varying sizes
of ReB Storm Lines, manholes, inlet boxes, concrete pavement, concrete curbs,
concrete handicap ramps, and replacement concrete drive entrances.
Based on this information, the duration of the project, the plans, City of LaPorte
Specifications, Harris County Specifications, and our experience with similar projects,
PSI proposes the following scope of services for your project.
1. Earthwork - The earthwork scope includes the inspections and testing of the
installation of the RCS placement, RCP Pipe placement, Manhole installation,
inlet installation, swale compaction testing, and lime stabilization of the paving
subgrade. PSI will perform the following field inspections and testing for the items
described above, as per the project specifications.
a) Sample subgrade, select fill, trench backfill, cement stabilized sand, and
lime stabilized paving subgrade. Prepare and test the samples for
classification by the Atterberg Limits, and moisture density relationship.
b} Perform field density tests using the nuclear method to determine the
moisture content and percent compaction of the subgrade, cement
stabilized sand, fill, and backfill.
c) Perform Lime Slurry placement inspections, gradations, and compaction
testing.
2. Concrete- Inspections and testing of the concrete is anticipated to be performed on
sidewalks, curb ramp, paving, concrete swale, and concrete headwall. The
concrete inspections will include the following, per the project specifications and
Harris County Specification Items.
a) Inspecting the reinforcing steel prior to the placement of the concrete.
b) Sample the fresh concrete for each mix, perform required tests, including
slump, air content, concrete temperature, and cast test specimens
during placements.
c) Perform compressive tests of concrete test cylinders cast in the field.
l"'~;l
~..,. .
City of La Porte-Public Works
PSI Proposal No.: 0204-30915
October 1.2010
Page 3 of 10
3. Proiect Manaaement- Project Management for the project will consist of the
attendance of progress meeting if requested, the oversight of the testing, review
and issuing of the reports of the test results.
Project Fees:
Our estimated total budget to perform the testing is $58.057.00. A breakdown of
this budget is attached. This cost estimate is based in the project plans and
specifications. PSI's total fees would be determined by the actual amount of technical
time expended for this project and the amount of laboratory testing performed, but is not
antidpated to exceed this cost. Please note that this is only a budget estimate and not a
not-to-exceed price. Many factors beyond our control, such as weather and the
contractor's schedule, will dictate the final fee for our services. We will not exceed our
estimated budget amount unless authorized. Copies of the PSI Schedule of Services
and Fees, Construction Materials Estimate, and General Conditions are attached and
incorporated into this proposal.
To serve as authorization to proceed please sign below and return one (1) copy of this
proposal intact. PSI cannot issue reports until a signed copy of the proposal or alternate
form of contract is received.
In addition, we would appreciate it if you would complete and return the attached Project
Data Sheet so that we can set up your project file.
l"~;l
~.... .
City of La Porte-Public Works
PSI Proposal No.: 0204-30915
October 1, 201 0
Page 4 of 10
We trust that the attached information is sufficient for your needs. After you have had an
opportunity to review our proposal we will contact you to answer any questions you
might have or provide additional information regarding your project.
Respectfully I _-
Professional Service Industri~ii?
~;:L/'~~---
Michael J. Whitecotton, P.E.
Branch Manager
AGREED T,
BY:
TITLE:
FIRM:
DAY OF ~bif
,20 /lJ
Attachments:
l"~.'
~~.,
City of La Porte-Public Works
PSI Proposal No.: 0204-30915
PROFESSIONAL SERVICE INDUSTRIES, INC. OClober1,2010
1714 Memaial Drive. Houston. TX 77007 . 713-224-2047 Page 5 of 10
Construction Materials Estimate
Construction Materials Cost Estimate
Fleetwood Drive
Street and Drainage Improvements
1 Earthwork. Buildina & Pavement Subarade
Quantitv Unit Rate !hltl ~
Senior Engineering Technician 668 $36.00 hour $24,048.00
Sr. Engineering Technician - OT 80 $54.00 hour $4,320.00
Nuclear Density Gauge 748 $7.00 hour $5,236.00
Vehide 748 $7.50 hour $5.61 a.oQ, . '"
Subtotal $39,214.00
Soils - Laboratorv
Quantity U nit Rate Unit Cost
Proctors 9 $140.00 each $1.260.00
Atterbergs 7 $50.00 each $350.00
Cement Stabilized Sand 8 $50.00 each ~.4oo.00
Subtotal $2,010.00
2 Concrete PavementlSidewalks/Curbs
Quantitv Unit Rate .\J..rJ.il Cost
Engineering Technician 212 $34.00 hour $7,208.00
Nudear Density Gauge 2 $7.00 hour $14.00
Vehide 212 $7.50 hour $1,590.00
Concrete cyli nders 208 $12.00 each $2,496.00
Subtotal $11,308.00
3 Proiect Manaaement
Quantitv Unit Rate Unit ~
Project Manager 65 $85.00 hour $5,525.00
Subtotal $5,525.00
ESTIMATED PROJECT TOTAL $58,057.00
l~~;l
~..,. .
PROFESSIONAL SERVICE INDUSTRIES, INC.
1413 Wt!$l BarbOLlf$ Cut. La Porte, TX 17$11' Phone (281) 471.2900
Schedule of Services & Fees
Effective January 2010 - Valid through Deoomber 2010
Cily of La Porte-PubliC WOI1cs
PSi Proposal No.: 0204-30915
October 1. 2010
Page 6 <:110
CONSTRUCTION MATERIALS TESTING
Personnel Rates UNIT AMOUNT
Chief Engineerl$cientist ......,,, ............................................ .............. ..................... .............................. per hour.. ......................$ 120.00
Professiooal Engineer ..... ... ... ...."..,.....,............... ................... ...... ...,.................................................... per hour ........................$ 110.00
Project Engineer.................... ... ................................................. ... ... ........ ...........................................,. per hour ........................$ 85.00
Projoct rvtanager ....................... ........ ..... ............... ....... ........ ..................... ............... ................... .......... per hour ......... .... ...........$ 85.00
AWS Certified Welding Inspector (4 hoIx minimum) ................. ....................................................... ...... per hour ........................$ 65.00
Overtime... .......... ............ ....., ,. ."" ......... ............... ....................... .....,. ...... ...... .......... ..................... per hour ....... .................$ 97.50
RoofingMiaterproofing Inspector (4 hour minimum)............................................................................... per hour ........................$ 60.00
Overtime.,......, .... ........... ......... ...... ........ ............,.. ......... ............. ............. ........ ............... ........ ....... per hour ....... ................. $ 90.00
Drafting ...... ....... ........ ........................................... ........ ....... .........................................,............ .......... per hour ........................$ 40.00
Administrative ... ...... ..........__.... ............................ ........ ...................................................... ......... ......... per hour ..............,.........$ 30.00
Field Testing Service Rates
Senior Engineering Technician (4 hour mlnimurn)............................................................. ...... ............... per hour ........................$ 36.00
Overtime..... ..... .............................. .......................... .........., ............ ... ........ .............. ..................... per hour ...... ......... .........$ 54.00
a. Asphalt Batch Plant lnspection
b. Concrete Batch Plant Inspection
c. Drilled flier. P~e and/or Foondation Inspection
d. Field Compaction Testing and Observation
e. Laboratory Technician
f. Pre-cast Concrete Inspection
g. Sample Pick Up
h. Soli Cement or Lime Stabilization Inspection
Engineering Techntcien (4 hour minimum) ............................................................................................ per hour ........................$ 34.00
Overtime....... ..................................... ................. ................................... .......... ...'.. ....................... per hour ........................$ 51.00
a. Concrete Placement Inspection
b. Cylinder/CubeJBeern Pick Up (2 hour minimum)
Coring
a. Concrete Pavement (3 core minimun) .................................................................................... min charge....................$ 200.00
Up to 4 loch Thickness, 4 loch Diameter 611............................................................................. per core ........................$ 65.00
b. Structural Concrete........................................................ ........ ................................................. will quote UpOl'l request
c. Asphaltic Concrete Pavement (3 core minimum)...................................................................... min chatge....................$ 200.00
Up to 4 Inch Thickness. 4 Inch Diameter --............................................................................... per CO<<! ........__..............$ 65.00
Noto: Larger diameters Of thicknesses required will be cored at the rate of $1.60 per inch thId<:ness and per inch diameter.
Floor Flatness Inspection ....................... ............. ................................................ ...... .........'m.............. per trip .......... ....,.. .........$ 650.00
field Sieve Analysis .....,..... ................. .............. .......................... ......... ............................................... each. .....__.. ................. ...$ 10.00
Field Percent Solids of lime Sluny ..........................................'...... ............................................... ...... each..............................$ 15.00
Equipment Rates
James R-Meter ...... ..................... ....... ...... ........................ ............................ .......... ........... .......... ......... per day............. ....... ......$ 60.00
Nuclear Density Gauge ...........:. ........... .................__....__...................... ......... ,....................................... per hour ........................$ 7.00
Skidmore Wilhelm ... ........... .......... ............. ........ ............... ...................."............,... ........... __....__.. ..... ".. per day.......... ............ ....$ 55.00
Ultrasonic Testing Equipment ............. ..........., ,.. ,................................................... ,.. .....,...................... per day... ...... ,................$ 50.00
Vehicle Charge (4 hour mioimurn).....................,....................__.................................... ......................... per hour .... ....................$ 7.50
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PROFESSIONAL SERVICE INDUSTRIES, INC.
1413 W~ Barbol,i($ Cut. La P(Jl1e, Ix 77511' PI10ne (281) 471.2900
Schedule of Services & Fees
EHective January 2010- Valid through December 2010
City of La Porte-Public Works
PSI Proposal No.: 0204.30915
October 1. 2010
Page 7 d 10
laboratory Testing Rates
Concrete
latloratoly tesl:il'lg of concrete. 1YlOfta(, and grout specimens:
a. Concrete Compressive Strength................................. ...... ................................................ eacl1.......... ... ... .......... ....$ 12.00
b. Reserves Not Tested .............................................. ... ...... ................................................ each...............,... ,....., ....$ 12.00
c. Lightweight Concrete Compressive Strength........................ ,............................................ each...., .......,... ... .... .......$ 15.00
d. Density of Ughtweight Concrete Cytinders............ ...... .....,... .....,....................................... each........... ...... ...... .......$ 26.00
e. Flexural Concrete Strength (beams)..,................... ......., ................................................... each.......,... ... ....., ...,......$ 20.00
f. Cclocrete Tensile Strength.......... ...... .......... ...........'...... .......... ........................ ...... ............ each.............., ....... ........$ 40.00
g, Compressive Strength of Cubes .................................................................'.......,.., .......... each...........................,..$ 20.00
h. Cotnpres$ive Strength of G<<lut: Prisms........................................................... ........ .......... each...............................$ 28.00
i. Preparation and Testing of Concrete Cores .................................................... ....."" ......... each..............................$ 45.00
Facia Brick
Absorption and Saturation .........................,... ....... ......................................................................... set of 5..........................$ 180.00
Compressive Strength ................ .,.... .......... ............... ............................. .............. ....... ,............. .... set of 5..... ........ .............$ 180.00
Canpressive Strength of Masonry PriS/llS ,.. ...................... ......'. "... ..................... .......,...... ......... .... each.. ... ..".... ............ .....$ 250.00
Comp(esSive Strength of Masonry or Concrete Block .............."..... ......."....................................... each............."........ .......$ 125.00
Mx Design
a. Testing of Aggregates (absorption. specific gravity, unt weight) ............ ............................ per series....................., $ 90.00
b. Proportioning and Preparation of Conerete ....................................................................... per point........................$ 260.00
Note: eyUnders and Sampling of Materials will be charged at applicable rates.
c. Concrete Mix Design Review for Ccmpllence to ACI or ASTM S1andards .......................... each..............................$ 150.00
Soils and A.aa~ates
MoisturelDenslty Relationship of Soil (Proctor Test):
a. ASTM D 698 & D 1557, tJethod B ......................"............................................................ each..............."............. $ 140.00
b. ASTM 0698 & 0 1557. Method C"........".........."..................................h..................".... eacl1..............................$ 160.00
c. Relative Density Determination ......."... ,........ "...........................................................".... each...."........................$ 160.00
Atterberg limits Deterrrdnation (PI) ................................"................ ", ........................................... each..............................$ 50.00
Material AnEW' Than #200 Sieve ,........................................................................... ......................... each..............................$ 50.00
Sieve Analysis of Aggregates........ .............................. ........ ............... .................... .............. ...m.... each.... ......................, ...$ 50.00
Compressive Strength of Soli Cemenl...,................ ........................................................................ each..............................$ 50.00
Density Determination 0( Soil Cement ......................................... ...... ............................................. each.............. ....... .........$ 20.00
Grain Size Analysis, l'vtechanlcaI and Hydrometer................................................... ......., .....,... ....... each..............................$ 150.00
Los Angeles Abrasion Test of Aggregates.................. ...... ...,.......................................................... each............ ..................$ 180.00
Bearing Ratio Test (CBR), ASIM D 1883 ........................................................... ........................... each..............................$ 170.00
Note: MolsturelOensity Relationship of Soil not included.
Permeability Test
a. Falling Head ....... ...................... ...................,........."..,....... .......... ..... ...... .................. ....... each..........,. ............. ..... $ 180.00
b. Constant Head.............................................. .................,....,... ......." ................................ each............"..". ...........$ 200.00
c, Remolded Sample ......................., ...... .... ...... ,., ............."................................................. each............,....... "........$ 60.00
Organic Content............ ,..", ......... ..,......... ......................................, ...........,..", .................".......... eacl1.......................... ....$ 60.00
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PROFESSIONAL SERVICE INDUSTRIES, INC.
1413 West Barbours Cut. La Porte. TX 77571. Phone (281) 471-2900
Schedule of Services & Fees
Effective January 2010 - Valid through December 2010
City of La Porte-Public Works
PSI Proposal No.: 0204-30915
October 1. 2010
Page 8 0110
Asphaltic Concrete
a. Molding Specimens (3 specimens) ................................................................................... per set ..........................$
b. Density (3 specimens)...................................................................................................... per set ..........................$
c. Stability (3 specimens)................................ ................. .................................................... per set .. ....... ...... ...........$
d. Extraction and Gradation... ...................................... ....... ...................... ...... ........ .............. each........ ................. .....$
e. Theoretical Specific Gravity .................................................................. ...... ................... ... each.............................. $
Thickness Determination of Asphaltic Concrete Cores.................................................................... each..............................$
Density Determination of Asphaltic Concrete Cores ........................................................................ each..............................$
60.00
60.00
70.00
140.00
70.00
15.00
20.00
Mix Design Review............ ....................... ................................................................... .......... ........ each..............................$ 140.00
Remarks
1. PORTAL TO PORTAL: All hours are portal to portal from 1413 West BarbolXs Cut. La Porte, TX.
2. HOURS/OVERTIME: Fractions of hours will be billed as whole hours. Overtime is classified as all hours worked over eight (8) hours per
day and hours worked after 5:00 p.m. weekdays and any hours worked on Saturdays. Sundays or Holidays.
3. PER DIEM: Per Diem will be charged at $40.00 per day per man and Cost + 15% for Motel/Hotel Expenses.
4. PROPOSAL VALIDITY: Unit prices/rates are in effect for 12 months from the date of this proposal and are subject to change without
notice thereafter.
5. ADDITIONAL SERVICES: Services and fees not listed will be quoted upon request.
6. REPORT REVIEW: Project Manager/Engineer to schedule and supervise personnel and evaluate and review reports will be billed at a
minimlJ"n of 0.2 hours per report issued.
7. RUSH CHARGES: Laboratory testing requiring overtime, weekend or holiday work will be invoiced at applicable test rate plus
technician overtime charges.
8. SAFETY AND TRAINING: Safety training courses and drug screen testing will be invoiced at applicable hourly rates. The drug screen
and safety course fees will be invoiced at cost + 15%.
9. PROJECT SET UP: A project set-up charge of a 2 hour minimum applies to all projects.
10. ENGI NEERlNG LETTER: Should an engineering letter from PSI be required for a Certificate Of Occupancy (COO) permit.
certain Inspections may be required. Please contact PSI prior to construction for further information.
l" tL!' ;1
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GENERAL CONDITIONS
city of La Porte-Public Works
PSI Proposal No.: 0204-30915
October 1, 2010
Page 9 of 10
I. PARTIES "-NO SCOPE OF WORK; Pn,f...,ja...1 SoNia: Inoo",.i.., Inc. ("ps,..) ,hall include ,nid romp.,ny 0< jh fl"'1icular di.i<ion. sub"di~ry or .Ihli,.. pcrtonninp tho wlUk. "W."x" ",e,,,,
the <pCcl~e ,cr-ico to h.:: pcrfonncd hy PSI a< '<', fOlth In PSI', propos.l. Clierd', orcept.nce ,hereofand ule,< Gcncr.1 CUlIIJili"",. AdUil;"n.1 ..OIt onJcrcd by Clicm ,h.II.h.u be ,.bj<."Cllu Ihe,",
G'I.'ncral CondIUOnl-. '.CliCltt" u:-fcp.. It) Ih.; per."un ~Ir blJ~~DC...., cnli[~' oNerin~ lhe \vorK 10 be done by PSI. I r CJi<:m i:s ordering Ihe 't\Iork on bchnJr of unothu. C':!Jcr;r n:::ptc~r" nr1d wlIrtlmb thm
H i~ lhe duty ;w[hcuitcd Q~cnt (,\f s.uw.l pan~. for the plIrpost' of ordering antl dite~"ting svid wor'\.;. CnlC'IL'" otherwise 1oI1a.lc-cl in wrilin,g.. Cli..'''I a'i.~tuncs !\nlt rco1\ptlnsibl ilY fm dClcrm.nin~ wll1.."th.:r IOC
'4uan(ilY arM.llhc nalur~ of~h~ wurk. nnJcn::d hy ,he dienl .... adcqULtle and 'WUku:"nt for CHent's inlCndcd purp(l~. CI~c1l' ",...n 1.,)IUOIUIlK.6I.IC lhc:.c Gcno.:r..1 Condititm~ \0 c;1Ch nnd c....C'ry Ihrl\l pany
It) Wh\lm Chent trmll'mih i,lny p.1I1 of ftSl~:\ 'vork. PSI ).hall hav" no uuty ur obl.i.t;+llivn (o..n)' d'lird pan)' gre:ner than that set funh in psrs propo~L CJienr's accr:p.nnL'C lhcreof ~,"ci I""~~ G,~n("rtlo1
C"o..d,ti(MI~.11h: ord:rin!l ur wurk. frnm PS1. Of the reliance Oft any of psr:;, work& ~hD.lI consdblU: DCc,cpumc: of the Icrm~ flf rsr~ pmf1O:'i31 Rrl<{ lhe"l(': Ccncrnl Cooo.li(ln!". rcp.nrdlc...:.. (,( thi; h:rm,
of ..y .<ub'<"'l""nlly ....-..cd dO<:UmcIll.
2. TF#Oo<;'"f'C\~Nn I NSPf.CTIONS: Chent ~.,l c.alJ~ all test... aud int-peclloas 01 tl~ Si1C~ .nateri..l~ unU n:ull p.:rfurml"u by PSl or od\..:rs 10 be limely and properly peri"tXm..."tl in a..;cord;'lllCl: \\'ith
the plJ.n!o.. !'tpccill'laliom. ilOO I;OnUill,.1 dlX'UlllCuts 31k.1 PSI':; n."c.:omnwm.laliunli. No claims ror 10.-;'<;'. d~:urIAgC or iejury shaU be brought aCa~ PSI by Clicn'i or ~y thi.rd (lany link".,.; "n 1("...... :md
(IISPL"t:lllUIS h~,vc hecn so pcrfonn.cd .nul unlc~'S psrs rocommc:ndntions have been follo\\ocd, C.licnt agrc:e<o to irult:mclif~, dl-fend and hold PSI. its ofliccn. 1,,"mplOYecs and a~cl1t.. hi.HIIlIt;~~ rrulU
any and all cl:Jin~. ;'iuits.lo.~!'OCs. o:o:-Is .illid cxpcn..~. Includi~. but noc limttcd tC1', C'oort 1;0000hi find (C"t1sofl...b~ 3nomcy',. fCe\ in th~ \::'o-cnL Lhal alll'>tA.:h ~e."ls.and In....pecuons:u-e nOI ;:0,1 ~rfl\nr~"(j.,~
rsrll l'l:l.'C..unlllcOIJ.nion:o: a~ nor..-K> folklwc:d.
~. PREVAILING WAGES. Thi, propos.1 ,pcciticall) e<cluUes compliance with .ny projecllo"'n ng=mcn'. boor l~'cemcnl. or OIher un"", or apprenll.c>h'P le'lU''''''ICI>\' III .".1;11"".
IInle....... l:Jlplidlly u::rccd l\'\ in the "'\oily nf tt...... propo:'-lll. thi~ pro~,1 'pc<:ifkaUy uc...dc.... c:oo"ipham:e with any M..-t.e or reJcral Pfcv;lilin:. \/l,:q:,: la" IJr ""Mx.:uul.:d ret{llin:mcm,;. tnc....u.Jing lite
0...\ LS 3.....:00 A~1. Lluc:= l(,) the prol~~..iunOJllliltu"e of it, M."rvicc:.. PSt i!i. gCJll..'fany excmpl from the Da\'i!i BacOIl AClllnd other prcYi..1in~ WllgC S(heme:i, It i~ ugrccd thut I'M) JPI'I i(,"uhlc pn....nililit:
\V:a~c "':Ia....siliL:..lkm or W',J~ rille h.-s been prn..ided to PSI. and thai nJl ''wage;. und <:().'.t (::oIlimnle.<' comaiftcd hereill ~ hor.icd ~iely up:m "lamJMd. nnn~.ptt"\'t1llins ''''tl!C ri\tiC~. ShClUhJ u lalCI bl.;
dCH:rmincl.l by lhc OWller or any applic<lhlC ~s:C!~ rhnt in fNt" prevailing "'Age ~Ippllc:!'o. then it b 3grtc:d thai t~ cootnu,;1 va'\M: "I" Ihl:" i1~rccmcI11 "hall ~ cquilabl)' odju:-olcd t,,1 ~~l't'nunll~lr l'-tk:h
l'hilOl!Cd dn:llm:'lIUm.:c. ThcM." cxcLu...ion... .:oot'MLU SUl"\'f...c: the- completion of Ihe prQjcct and shu.1Ilx: mcr"L-cJ iJ}[U aD)' subsequentl)' c,I;cevtcd dOl."'Ument bot(WreR the ponicli... ~un.n~s ~,r ihc I;:tm:.... uf
:ouch D!lI\.'CJ11C.lIl. CJi~nl \'lI'iIl n:imbur..c. defatrJ. il'ldemn.ry aoo bold harmles.... PSI rrom and ag;1in,;t any li~bilit}' resulting from a :o.ubselluc,l[ dclerminoll,.,n th,:1 rrc\"aHing W:lgc rc.gullltlL\ns "lw~r
,he I'mjCXt, i""l.d,nl' uU eoo;t'. ~oes and anomer's feo>.
4. !\OlFJ)IlLlNG OF WORK' The 'ef"i<." ""' fonh '^ P~l's propo>al and C1icnl\ a<eeplO""o ",ill be ><compli,hal by PS1l":rw.md ... lho price. '1UOled. If PSI,> ,C</u.r;;l! .0 del.}
t'nmlT'lC'1)(."CIACl1t Uflhc ",od.or if. upon C:l1lbar\.ing. upon its \.ltt)rK. PSl is-required to Slop or inlemJpt the prolfCSS of ilS worK as. 0. ~I of dmn~s in lf1e !iiCllpc n(the: wnrl rcqU,~SI.:'.rI b)' C11~"n.I. ll\
f."lIlhe rcqulrcmer", "fthird partie,. interruption. m Ibe pt"ogre" of cOIlsnuelion. or olher CO"""" i>cyond the direel ",,,,,,,,,,hle l'Olllml of PSI. add;.;.,n.1 ch'f'!;o.,..i11 be .pplicol>lc and p.yabk
h. Client
S: A-CCJ;.SS 11) SITI::::. Chen( will ..nallg~ and provi<.l~ Iiouch ;.tl.'I,;",~", ~q tl'H; !l.ile and \\1011..: a.1.. t!o- occc~ary ror PSI to pcrfunn the wC'.lrlc.. PSI !-ih::tll tnkc rcasonrtblc mCilSW'C;'; .and ~r..uli(lns lu minimi~,
l..Ian'\:Ip:L.:' '0 the slIe ..nd ao)' impl'O\'cmenl~ loc.:uoo thereon as ,he result of its \'fork. or lttc U~ of ils cqu~pmcn1.
6. CLlENT"S DUTY TO NOTlFY ENGI~EER: ClicnI Wllmnls ltuLl il h.... ad...i.scd PSl.of itny lri.nown or ~us~"kd t1..z.ardous l:n~te..iab., u1ility lill":~ ..loll PUIlUUllli:' ~l any !\oi...: al which P~I is ['I.'
dn \li(lI'k. ;,HlCl unless PSt ha" .1:<ishr'r\ltd in writing lhe rcspon!'iibllh)' or locating ~u~urfac.:C' ubj::\'b.. "lrul;(LI~,linc.' or (",(lnuuil!\. Client OJgrees '0 defend. il'1lJemnify ;:aod ~ilvC PSI harmless from ,,11
I,JllIl'Il",. !iUII~~ KI:"''iC:o.. Cu:o.h anu c.\pca.-M.:s. induding reusonablc au-omey's fees. ~ a resul( ('1f pcr~"'II~ injUl). death or propcny Clarn:llgc oc."ClJrring with TC-'f1Ccl to PSI",,;; pcrfnrrn~'I.:'t or ih \"tlrl.:. un'll
fol.:~ulting to Of cau:ocd b)' l,.'Onlact with ~ace or latent obj<<:t."i. liotrudurc:s, hno or L'OI'Iduiis ~her~ lhe Ielllal or polcn1i..1 prc.~cn('t ...nd 11X"llCln IhCTt'or w-m; !t0l r('~~OIlct.llo PSllly CHeal.
,. RESPONSIRlI.rrv' rsr~ wort shall not include dctcrmimn~. !<i.Upct'vaM.' Ofi ^1~1pIC:'l'k.'fttillg ~ lII~all~. lfll::d'K..lill... tt;l.;hnhWl::-. ;>e4uences tt procedure:; of 4.:OQ..truf.'lion, PSI ~h::J1I nl)l b~
rc:.pon~blc far cvaloatill&. rcportinW t:4' affecting job coDditions. conccminp health. safety or welf,1rC:. PSI's work or failure to pcrfonn !Wme Win nul in nn)" WA)' C:liCU'C: Jlny (.'on(r'sctor. :ilutx.'lln(C"
.;Jt;tt)f liT supplier from perl'onnanee or ils wort in tlr,:ofooncc wiLh _he oonU'1lC1 doc:umcnl;.l nicnl agree" lhrlE it ~hall require :q:Ibrog~lIcn to be wai\'OO a~:lln51 ~I and tor PSl '0 be: aWlctl ..I:!'o:fIl
Addllionulln!i.Uf'C'rl 00 uti roHde.. of in~\lr..nc:e. Inch.Klil\A. any Pf'liciC's required ofCJJC1)t'~ contractor~ Or :o.tJbt:Olllfal:toflo.. ":O"I~ring any l."UI1>I1Ul-Don or dcvtlopfJl(!nt acl~'rl,ie~ ~o be pCrfl\M"iCd oe
the pr~jc<;1 SilO. PSI h3< no righl or July lu ,wp ,he COIllrdClDr.. \Vorl:.
H. SAMPLE DISPOSAL: To.<, .pocimcn< will be di<po<ed immcdilllely upon complelion 01 th<: le<l. All drilhnz ,.mplo., will he d"J'O'uj ,j r'y (60) day. Mle' ,ubmo"lQn oll'~ r. "'P"" ,
q. PAYMENT: The quanlil~.s und (ccs pm\'idcd in lhl!l. pl'opo!iaf arc psr!i c....limak bill'Cd on ilironnauoR pmvKkd by Client and PS[':!<o c"~lien...~..,n ..lmilar pmjc~ls. The actU;JIIOlal "mot.tI'll O~
III r'S1 :o.hilll he t.o:'scd on the a~lwll ti MI '1L1~nti'~ pt()vidcd by PSI ~ the unk r.IIle.~ provKkd herein. O"-:lIt .",11:&11 be inl.'uicoo um.:e each monlh ror \\.orl pcrfonnro during l~ pn:cC\Un~ pcrn'Cl
Ckicnt a~I~':!Io. lu p;.IY cadllnvoke \\; i.hin lhiny (:lO) d.ay~ or it.. ~eipl. ClK:nl funher .~J'CieS (0 PO) interesl O. illt Q~l1t:'i invoked und nol pull.! (It objccU'tllo 'nr Villi" Cl;Il"OC in wrilIn~ within l'i.lld
thirty i,Jlh tlOlY ~od M the rule of ci,ghtcen (18) perc.cnl p:r IYUUlm (Of fhe mnximu,;'f\ i'PIen:~t nEe ptrl'l'linct1 ul'lder .applicable fa""'). until polK!.. ("Iient a~rN''' 10 pay PSI'" I".;.JI'oI nr .e,:ullcl.:Ii.<.m ()[:III
,UTlIxml.. tltl(' nnd unpaid ..fief thirty (0) days, mcludlnJ; c:c>uft cost"- and R:'JS0II8hlc auomey's re~ PSIl'ibiJlI gal be bound by any pruvi~km 0( ~1o':menl requoi.ring or providing. (or arbitralh,n of
"i...p.lc~ or L.UR1I\l\tCOiit.~ Mi~iRg lIut o(lh~1i a,gT'f..'ol.."T11l;nl. an) pro...i~on wh~n PSI \YaiYes any rights lOa mcchanlC$.'Ucn. or any prcvi~oa cond{tioning PSI'~ nem to rcCClYC pnymenf rOr' ils \\'urk
up"n p"ymcnllo Clicnl!>y any third pony. These Geoeral Cooditioo...., "",ice. wbe'" "'quircd. thai PSI ,holl fi Ie. lien whC1l<:vcrne<"''''f} tQ ,0I1e,. phi ~"" amow,.,. F."ure II' Il",k~ pU,vrll"lll
\'\'ithil'l :\U dRYS of .n....ll;cc sh...1I cCln~t~urtt " rel~",c of PSI rrorn an)' and all c1aLms which t"1ienl may have. whcdu:r in [011, C'OlIlrac.1 or otIM:rwisc. urad wb..-"thcr k~)..vn (Ir llllkno\Vn .u Ihe lime.
10. ALLOl'ATlON OF RISK: CLIENT AGREES TH^T PSI'S SERVICES WILL NOT SUBJECT PSI'S 1~D1VlDUAL EMPLOYEES. OFFICERS OR DIRECTORS TO ANY I'ERSOr",.L
LIABILITY, AND THAT NOTWITHSTANDING ANY OTHER PROVISION OF TIllS hGREEMENT, CLIENT A{iRF.F.~ THAT ITS SOl.F. Aj\;O EXCLUSIVE REMEl.JY SIIALL Ill; HI
DIRECTOR ASSERT NIIY CLAIM. DE\'l^ND. OR ~lIITONI.Y AGAINST rsl. STATEMEJ\TS .\'lAOUN PSI Kl!'OKTS ARIiOPI:IIIQNS BASED UPON ENGINEERING JUDGMENT
^ 'II)) ARlo NOT TO BE CO~STKUIiUA~ IlLiPK8>l::HTAl1ONS OF FAcr.
SHUllLll I'SI OK A':\IY OF ITS EMPLOYEES BE FOUKD TO HAVE BEEN KEGUOENT IN THE PERFORMA':IICE OF ITS WORK. OR TO HAVE MADE"'ND BRF.ArHFJl 'I\Y
EXPRESS OR IMPUED WARRA:-;TY. REPRESENTATION OR CONTRACI. n JF.I'T, AI.I. PARTIES CLAI~IJ\G THROUGH CLlEI\T ""'I\U ALL PAKTl'-'-, CLAlMINU TO HAVE IN
ANY WAY RELIEO UPON PSI'S WORK AGREETlIA....I1IL MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF PSI. ITS OFFICERS, EMPLOYEES AI'DAGENTS SHALL
DI; LlMITElIlU $25.Utll.lKI OR THE TOTAL AMOUNT OF THE FEE PAID TO PSI FOR ITS WORK PERFORMED ON THE PROJECT. WHICHEVER AMOUNT IS GREATER. IN THF.
EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT PSI'S LIABILITY IN ACmROANrF. WITH THF PROVISIO':\lS SET FORTIlIN TIllS PAKAGIlAl'lI. CLlI.:NT MA)'. UPON
WRITTEN REQUEST OF CUE~T RECF.IVED WITIIlN HVl.: llAYS OF CLlliNT"S ACCEPTANCE HEREOf. INCREASE THE LIMIT OF PSI'S LIABILITY TO S2.'\O.OOU.(1(} OR THE
"MOUNT or PSI'S FEe l'AII.l'1U PSI RJR ITS WORK ON THE PROJECT. WHICHEVER IS TIlE GREATER, BY AGREEING TO PAY PSI A SUM EQt:lVM.E.'lT TO AN ADDITION^L
AMOUNT OF.5<;!- OF THE TOTAL FEE TO BE CHARGED FOR PSI'S SERVICES THIS CHJ\RGE IS NOT TO BE CONSTRUED Mi BF.lNG A CHARC.F. FOR Ir\SURANC'E OF Ai\. Y
TYPE. BUT IS INCReASED CONSIDERATION FOR THE GREATER L1ABIUTY INVOI.vFn. I" AKY EVENT.ATTORNcY'S ~cs I::XPI::NL>IiD II'\' I'SIIN CONt\E("T1ON WITH
^NY CLAI:'>I SHAl.L REnUCE TIIr::M,IOUST AVAILAlILI:. ^NI.l or..LY ONE SUCH ^MOl:H1" WILLAPPLYTOANY PROJECT.
NO A<:'I'IO~ OR CLAIM. WHETHER II' TORT, CONTRACT. OR OTHERWISE. MAY BE BROUGHT AGAINST PSI. ARISING FROM OR RELATED TO PSI'S WORK. MORE TH^N
TWO YEARS AFTER THE CESSATION OF PSI'S WORK HEREUNDER. REGARDLESS OFTHE DATE OF D1Sc.oVF.RY OF SIIC:H CLAIM.
11. lNDE~N ITY: Subject 10 the ...I'Mwe limitil,ion!l.~ PSI agree.' not ILl uefc:nd but to lIldctllnify ood hold t1icnt hannlt~'io lrom tlnd ;Jpiu"L :111)' aucJ ...IJ c:IJilJl:>'. .suiL.... ..."\))01:0 i.U1cJ ,,'xi"-'nll.c!<- mclulJjn!!
re;,ll'4.milblc tIUorncy'~ fl:'cS iilOO c-...urt ~\>:"t~ to 'M v.t,at ~rJ!\ill~ out orPSr:-.lk.'g1ib-~JIc."<:.... fh'all~ Ocll..'TmiQl;d by .I<;oon (lfla\\-. Client ~ult provwc ~he same prollX'lion to lhe Cx.t<:nl vf il:i. nc~ht:L'm:".
11I1he CIi'l."IIINt Clicnlur Clienl'!. princilXLf J.ih.aU bring iJny suit. cause of IlCtion. ,Iaim or ~"OUnt(:rclili... ~I1:'1t PSI. the Client and the rur1y irlli1i3linr; sue" .u:.ion ,h~lU pay In P$lloc ,."o~ls ,.no
':~JlCn.~:" IOCUrn:c.1 by PSI to lnvcsUglUC. lm!io\ycr and dcrcrul ii, illCJuding rcason.1blt atlOC1'te)"s and \IooitncSlO fecs and tOOI'l erNS to lhe e).tenl tha~ PS[ .)haU prcv~Il' in :-ouch l'ouit.
I ~ TF.IU"UNATION' Th... A~recmcm ma)" be k-m1l:natcd by either p....,y upon ~vrn day!\." prior wriucn nuliL:c. [0 (he c~cnl vrtlto"TT11intlliun. PSI !\haU be tllmpcn!o.alCd by CIiC'nl ftlr ~U !"Cr...k:cs
P'C"rt(mD.:d up Iu ..-.J ll'k:h.rdinp: 1111.: lI:rminaliun l1.alC. inc.:tLldin,g reimbursable cxpcmse5.
I J. EMPLOYEES/W1Tl'ESS FEES: PS'" employee' .hun 001 be re!Juned .,. e.pat wil"c...<< exccp' Ily <cpo"lte. wr~ten .greemcnl. Client apce.< \0 poy I'Sl'sleg.1 c.pense,. ;1dnllni<I~.ll""
,,\~s, and fcC$ ))U1':\uant tCl PSI'~ then CIUTrnt fee ~Jc for PSI 10 ~pond to any wbpoena. for it pcnod of OIM: )'c;:a:r ;,)[1Cr the C'Ompletion of ..n~ \\IOfl pcrfl,)nncd unuer 111..!o :lgn:..:mclll. Client
i~ft"C~ m.>( (0 soI.rdl. rccroil. or hire MY PSl ~mpto)'ee or pcl'Wll ",110 has been i;rnpkJ)-cd by PSl within l.I1c PR\kllJ,..IWC)VC months. In the evenl CJitnr rJesir~ to hire ~ul.:h ~m individuul. CI1COI
;'!'''". IIuII ,. ,.1..11 ....."k the wrinen l"....nl of PSI. and shall pay PSI Qn ..........t """,110 ooehal( of tIu: cmpbycc', an_bloOd Slllur)'. withoUI PSI ...I\;n~ OIller remedies it mil)' Iln.,..
1,1. HAZAR[)()l;S MATERIAI-<i: NI'thli1'.lg. C4lM'.incd within Ihi."< iigr~mcnl ,,*,.111 be con:(Ullcd or interpreted as rt:quinn! PSI to assume: the ruuU:i. \l'" an OwnC:r, Op..::l'lllur. ;e!cn-cratnr. ~t"J'T.
Ir",~por1cr~ IIC-dler or dDpo>.u f.i,1l;iHty il.'; .hose terms app.:ar within RCRA 01' ""thin tiny Fe&::ral Ui Saalc :-..I3tulc or rcJ:,ruL.:uion guverni"l me /lCncratinn. Iran:'lportalion. treatment. !\lorag\." .md
tJi:lipt'\5al uf )>ullol:.IIM!\.. Cla-:rll as,.um\:s full fCliponsibiHlY for ~ompl~nci! l\'jth the pm\isioes of ReRA IIId.;U:I)' nthtr Federa.l or SIDle slnll11e. or r~~uID.ion r,o'Vcming Ik hal"KllillS. trtilln'l("nl.
.tor.gc und di""...1 of poIlulOl\l!<.
I~. CHOICE OF LAW A~D EXCLUSIVE VENUE: AI; duim. ordu.pul":s "'i.inJ! Clr relating '0 .hl< agreemenl <hall he go.",ned by. eoo,mlCd. and enrorcod in ,,,,,oro..nce.he hlw, ollllinoi,.
The ..:x.dus:tve 1.;emuC' f(lf all acIion~ <W pr('lf.:cedi~... oris.,":, in connection Wllh this a,grecmcnl shall he either the Circoil r:nurt ill nuP~e CCIIlnly. I Uinoi!', or Ihc I :00er1l1 Com f,)f the Nl1nht"rn
Di.<lrie' uf lllioois.
16. PROVISIONS SEVERABLE: The panic> l>:Ive entered ,nlO miS ~greem.nl :n good fai.h. IIJld il.,.he .pecitic onlen! of lhe partie., thllt tbc term' of Ih..e Gencml ennuil"'..; he enrorced as
wriuen. In ,he eve'" uny or thc provi>ioo.< oIlhcsc Gener.1 COtldition, ,;O(>IIld be (ound 10 be .nenforecuble. Itohall be .rriekc. and tbc remaining provi,""n, .<0011 be enfn",eahlc.
17. I:"NTlRE AGREEMENT: TIIi, ~recmenl eonslilu,,", lbe ontire "tldel;tQndi.g of the pattie<. Dnd Ihcre are no <^pre"e,u..,on,. "'!Tontie., Of undcl1llkin&, mo<l< (~hcr Ihan u< "'" for1h herem.
TlJi-., JJ!u..",\:lUcR1 m:ty be .amended. modified Of lerminalcd unly m \-..nlin:- "i;ned b)' eoch or the pante~ herelo.
B.IlIX).ll (9)
~I :'
l"'~.'
~..,. .
PROJECT INFORMATION
Project Name:
Project Location:
Your Job No.:
CONTACT INFORMATION
Project Manager:
Email Address:
Site Contact Name:
Email Address:
REPORTS (Number & Distribution)
( ) Copies To:
Attn:
) Copies To:
Attn:
INVOICE Information
Company Name:
Mailing Address:
Attn:
MISCELLANEOUS
PROFESSIONAL SERVICE INDUSTRIES, INC.
1413 West Barbours Cut. La Porte, TX 77571 . Phone (281) 471-2900
PROJECT DATA SHEET
Please complete and return with sign proposal
Fleetwood Drive Street and Drainaae Imorovements
LaPorte. Texas
Purchase Order No.:
Phone:
Fax:
Phone:
Fax:
( ) Copies To:
Attn:
) Copies To:
Attn:
City of La Porte-Public Works
PSI Proposal No.: 0204-30915
October 1 , 2010
Page 10 of 10
Phone:
Fax:
Email Address:
Other Pertinent Information:
COMPLETED BY:
Name:
Title:
Phone:
Email Address:
G
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 25,2010
Requested By: Michael Dolby, CPA
Department: Finance
Report:
Resolution:
Ordinance:
xx
Exhibits: Ordinance
Exhibits: Excerpt from FY 2011 Adopted Budget
& Amended Budget (Exhibit A & B)
Exhibits: Explanations / Backup for Amendment
Source of Funds: N/A
Appropriation
Account Number: N/A
Amount Budgeted: N/ A
Amount Requested: N/A
Budgeted Item: YES
NO
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2010-11 Budget on September 13,2010.
The Summary of Funds, which is shown below, represents the amendments which council previously approved to
the FY 2010-11 Budget. (*denotes funds with current changes)
General Fund
Grant Fund
Street Maintenance Sales Tax Fund
Community Investment
Hotel/Motel Occupancy Tax
La Porte Development Corporation
Tax Increment Reinvestment Zone
Utility
Airport
La Porte Area Water Authority
Motor Pool
Insurance Fund
Technology Fund
General Capital Improvement
Utility Capital Improvement
Sewer Rehabilitation Capital Improvement
Drainage Improvement Fund
2004 Certificates of Obligation Bond Fund
2007 Certificates of Obligation Bond Fund
Transportation & Other Infrastructure Fund
General Debt Service
Utility Debt Service
La Porte Area Water Authority Debt Service
Total of All Funds
Original Budget
$36,721,763
831,499
700,000
351,000
373,519
1,215,599
1,919,250
7,885,956
22,068
1,040,920
3,043,748
4,903,465
o
2,388,442
1,020,000
345,000
270,000
550,000
647,184
330,000
3,516,576
3 I 6,496
689,488
$69,081,973
Previously
Amended Budget
$36,721,763
865,999
700,000
351,000
373,519
1,215,599
1,919,250
7,885,956
22,068
1,040,920
3,043,748
4,903,465
o
2,388,442
1,020,000
345,000
270,000
550,000
647,184
330,000
3,516,576
316,496
689,488
$69,116,473
Proposed
Amended Budget
$36,731,763 *
878,724 *
700,000
351,000
373,519
1,215,599
1,919,250
7,885,956
22,068
1,040,920
3,043,748
4,903,465
o
2,388,442
1,020,000
345,000
270,000
550,000
647,184
330,000
3,516,576
316,496
689,488
$69,139,198
Action Required bv Council:
Adopt Ordinance Amending Fiscal Year 2010-11 Budget for the following:
A. $3,525 in the Grant Fund for audio equipment at the Senior Center. The funding comes from an account
with Waldell & Reed that was set up by a donation to the La Porte Senior Center for expenditures at the
Senior Center.
B. $10,000 in the General Fund for security cameras at Sylvan Beach. This increase will be offset by pier
collections that have been held in an escrow account.
C. $9,200 in the Grant Fund to purchase power cables for a generator. The grant was initially awarded back in
2008/2009. The generator was purchased that year; however, a $9,200 balance remains from the award and
will be used for the power cables.
/()P,/~
Date
----
,------~-
ORDINANCE NO. 2010- :~2 ell
AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OF OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011; FINDING
THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND
PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require
that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas,
prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the
adoption of said Budget; and
WHEREAS, the Budget for the fiscal year October 1, 2010, through September 30, 2011, has
heretofore been presented to the City Council and due deliberation had thereon, was filed in the office
of the City Secretary on July 26, 2010, and a public hearing scheduled for September 13, 2010 was
duly advertised and held.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and a summary of which is
attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget
summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La
Porte, Texas, for the period of October 1, 2010, through September 30, 2011.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting
has been open to the public as required by law at all times during which this Ordinance and the subject
matter thereof has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
SECTION 4: This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 25th day of October, 2010.
ATTEST:
~~tt~~~
APjRoyED: /
(/UtU( -r ~
Clark Askins, Assistant City Attorney
EXHIBIT A
(ORIGINAL BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 10-11 FY 10-11
Revenues Expenses
Governmental Fund Types:
General Fund 36,721,763 36,721,763
Grant Fund 590,551 831,499
Street Maintenance Sales Tax 7]8,613 700,000
Community Investment 259,4]0 35],000
Hotel/Motel Occupancy Tax 4]9,000 373,519
Section 4B Sales Tax ] ,443,226 ],2]5,599
Tax Increment Reinvestment 2,000,750 ],9]9,250
Total Governmental Types 42,]53,313 42,112,630
Enterprise:
Utility 7,894,600 7,885,956
Airport 54,782 22,068
La Porte Area Water Authority ],219,0] ] 1,040,920
Total Enterprise 9,]68,393 8,948,944
Internal Service
Motor Pool 2,095,815 3,043,748
Insurance Fund 4,548,418 4,903,465
Technology Fund ]64,784
Total Internal Service 6,809,017 7,947,213
Capital Improvement:
General 2,146,503 2,388,442
Utility 603,500 1,020,000
Sewer Rehabilitation 300,600 345,000
Drainage Improvement Fund 270,400 270,000
2004 C/O Bond Fund 550,000
2007 C/O Bond Fund 647,184
20] 0 C/O Bond Fund ] 0,000
Other Infrastructure 7,000 330,000
Total Capital Improvement 3,338,003 5,550,626
Debt Service:
General 3,693,160 3,516,576
Utility 312,179 316,496
La Porte Area Water Authority 689,488 689,488
Total Debt Service 4,694,827 4,522,560
Total All Funds 66,] 63,553 69,08],973
EXHIBIT B
(AMENDED BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 10-11 FY 10-11
Revenues Expenses
Governmental Fund Types:
General Fund 36,731,763 36,731,763
Grant Fund 615,076 878,724
Street Maintenance Sales Tax 718,613 700,000
Community Investment 259,410 351,000
HoteIlMoteI Occupancy Tax 419,000 373,519
Section 4B Sales Tax 1,443,226 1,215,599
Tax Increment Reinvestment 2,000,750 1,919,250
Total Governmental Types 42,187,838 42,169,855
Enterprise:
Utility 7,894,600 7,885,956
Airport 54,782 22,068
La Porte Area Water Authority 1,219,011 1,040,920
Total Enterprise 9,168,393 8,948,944
Internal Service
Motor Pool 2,095,815 3,043,748
Insurance Fund 4,548,418 4,903,465
Technology Fund 164,784
Total Internal Service 6,809,017 7,947,213
Capital Improvement:
General 2,146,503 2,388,442
Utility 603,500 1,020,000
Sewer Rehabilitation 300,600 345,000
Drainage Improvement Fund 270,400 270,000
2004 C/O Bond Fund 550,000
2007 C/O Bond Fund 647,184
2010 C/O Bond Fund 10,000
Other Infrastructure 7,000 330,000
Total Capital Improvement 3,338,003 5,550,626
Debt Service:
General 3,693,160 3,516,576
Utility 312,179 316,496
La Porte Area Water Authority 689,488 689,488
Total Debt Service 4,694,827 4,522,560
Total All Funds 66,198,078 69,139,198
CITY OF LA PORTE
QUOTE FORM
The City of La Porte is requesting quotes on Proiector Installation. Any exceptions to the
following specifications must be noted in detail. Be sure to include all charges, including
freight, handling, delivery, and any other fees. Quote must be returned on this form. Prices
shall be firm for a minimum of thirty (30) days.
Please fax your quotes to Ronnie Fax number 281-470-1361 ,by 09/20/2010
If more information is needed, please contact Ronnie at 281-628-3262 or e-mail:
Whiter@laportetx.qov
SPECIFICATIONS QTY
1. 4000 Lumens XGA projector (4500Lumen) 1
2. Universal projector mount 1
3. All mounting, cabling, connectors and 1
miscellaneous hardware is to be included
in your bid.
4. Installation of the City of La Porte 1
owned projector screen and listed line items
above.
5. Lastly, test and make necessary adjustments
for proper operation.
Note: The city is to provide electrical service to the
projector screen.
Freight/Delivery
$30.00
(if estimated, state "not to exceed" price)
UNIT EXTENDED
PRICE PRICE
1 $2,164.86
1 $137.50
1 $599.30
1 $730.00
Total $3.493.16
Itemize any additional fees or charges: You may use another sheet, if necessary.
TOTAL COST
$3.524.16
(price shall be firm and may not be exceeded)
\" \1
I
NosJar T.I.. Inc. _ n '}
713-680-2082 c)^; q 0-
:;;;rd~~~;~~,:,? 10
n. Inc. ou::::CEO.
/ . emaiJ-oc@noslar.com,c__US
Date: 2010.09.2211:26:15 -05'00'
State delivery time ARO (after receipt of order)
7
Vendor Name:
Phone #:
Contact name:
Signature:
['
days
H
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
October 25,2010
Appropriation
Source of Funds: General Fund
Requested By: Michael G. Dolby
Account Number:
Department: Finance
Amount Budgeted:
Report~ Resolution~ Ordinance: XX
Amount Requested:
Exhibits:
Contract
Budgeted Item:
YES NO
Exhibits:
Rvalnation Worksheet Snmmary
Exhibits:
Rirlrlpr~' T ,id
SUMMARY & RECOMMENDATION
On August 24, 2010, the City opened proposals for Banking Services.
The proposal submitted by the banks were analyzed based on six areas: (1) the compliance with the
qualifications; (2) the ability to provide services; (3) the response to required items per the quotation
form; (4) the cost of services; (5) the financial strength and (6) the convenience oflocation.
The analysis of the RFP's was presented to and approved by the Fiscal Affairs on October 25,2010.
Based on our opinion ,one respondent has the ability and commitment to offer a superior level of
customer service to the City and a lower cost of services provided. We believe that the proposal
submitted by Amegy Bank provides the best overall benefit to the City of La Porte.
/D ~I t6
Date
-
ORDINANCE NO. 2010- 8)t1 {)..
AN ORDINANCE APPROVING AND AUTHORIZING A BANKING SERVICES AGREEMENT
BETWEEN THE CITY OF LA PORTE, TEXAS AND AMEGY BANK OF HOUSTON ,TEXAS
FOR A FIVE YEAR TERM, COMMENCING NOVEMBER 1, 2010, AND TERMINATING
OCTOBER 31,2015; MAKING VARIOUS FINDINGS AND PROVISION RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement or other
undertaking described in the title of this ordinance, in substantially the form shown in the document
which is attached hereto and incorporated herein by this reference. The City Manager is hereby
authorized to execute such document and all related documents on behalf of the City of La Porte. The
City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all
such documents.
Section 2. The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all times during which this Ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be in effect from and after its passage and approval.
PASSED and APPROVED this the 25th day of October, 2010.
ATTEST:
~t2t;/k~
Ma ha Gillett, City Secretary
APPtl,D:
~r~
Clark T. Askins, Assistant City Attorney
/
THE STATE OF TEXAS
COUNTY OF HARRIS
BANKING SERVICES AGREEMENT
THIS AGREEMENT, made and entered into effective the 1st day of November, 2010, by and between
the CITY OF LA PORTE, TEXAS, a municipal corporation, hereinafter referred to as "City", and AMEGY
BANK, whose address is 4400 Post Oak Parkway, Houston, Texas, hereinafter referred to as "Bank".
WIT N E SSE T H:
WHEREAS, the City has advertised for Proposals to provide banking services to the City of La Porte as
provided in R.F.P. 10508, the request for proposals having been published in the La Porte Bayshore Sun,
said Notice providing that proposals would be opened at 2:00 o'clock p.m. on the 24th day of August,
2010; and
WHEREAS Bank responded to such Notice to Offerors and indicated its willingness to provide banking
services for the City of La Porte according to information in its submitted Proposal; and said Notice to
Offerors and the Proposal submitted by Bank are each specifically made a part of this Agreement and
incorporated by reference for all purposes; and
WHEREAS Bank's Proposal was selected to be the best responsible proposal;
NOW THEREFORE, for and in consideration of the term, covenants, and conditions hereinafter set forth,
the parties hereto agree as follows:
1. City hereby grants to Bank the right to provide banl~ing services to the City of La Porte.
2. Bank agrees to perform the above-stated banking services in complete conformance with the
guidelines of R.F.P. 10508, and Bank's submitted Proposal, a copy of which are attached hereto, marked
Exhibit "A" and by this reference incorporated herein and made a part of this Agreement.
3. The term of this Agreement shall be from the 1st day of November, 2010, to and including the 31st
day of October, 2015, and on a month to month basis thereafter until terminated by City.
4. Bank and City agree to fully comply with the terms, conditions, and specifications contained in Exhibit
"A", which is attached hereto and made a part hereof, except and to the extent that said terms, conditions
or s ecifications are specifically modified in the body of this Agreement. This Agreement, together with
t afta ed Exhibit "A", constitutes the entire agreement between the parties hereto.
F, the parties hereto have executed this Agreement in multiple copies effective on
above.
(~.~.~
c-
BY:
Olief Exccutivei3fofieef. V i c.~ 'P",,,,'.~f-
ATTEST:
Exhibit A
CITY OF LA PORTE, TEXAS
-'
REQUEST FOR PROPOSAL
RFP 10508
FOR
BANKING SERVICES
July 2010
CITY OF LA PORTE
RFP #10508 - BANKING SERVICES
TABLE OF CONTENTS
Notice to Offerors........................................ ........................... Page 4
Required Documents ............................................................. Page 6
Terms & Conditions ............................................................... Page 8
Indemnity Agreement........................................................... Page 11
I. Introduction ......... .......... ..... ...................... .......... .......... ...... Page 12
A. Background ...... .......... ......... ..... ............... ..... ............. ..... Page 12
B. Submission Instructions.................................................. Page 12
1. Sealed Proposal........................................................ Page 12
2. Responses ................................................................ Page 12
3. Questions and Clarifications...................................... Page 12
4. Schedule ................................................................... Page 13
5. Variances.................................................................. Page 13
C. Selection Criteria ............................................................ Page 13
D. Terms and Conditions .................................................... Page 13
1. Contract Term ........................................................... Page 13
2. Rig ht to Reject........................................................... Page 13
3. Modifications and Amendments ......... ...... ............ ..... Page 13
4. Termination ............................................................... Page 13
6. Effective Date .................... .... ... ..... ..... .... ....... ......... ... Page 13
6. Bank Failure .............................................................. Page 13
II. Minimum Qualifications for Submitting a Proposal............... Page 14
A. Basic Bank Qualifications............................................... Page 14
B. Approved Collateral........................................................ Page 14
C. Adequate Size to Provide Services................................. Page 14
D. City Liaison... ........ .......... ........ ............... ........ ...... ...... ..... Page 14
E. References.. ................. ...... ............... ...... .......... ..... ........ Page 14
III. Statement of Required Services.......................................... Page 14
A. General Operating Account............................................ Page 15
1. Use of Account.......................................................... Page 15
2. Deposits .................................................................... Page 15
3. Monthly Statement .................................................... Page 15
4. Optical Imaging ......................................................... Page 15
6. Stop Payments .......................................................... Page 15
6. Returned Items. ......... ............ ........... ....... ........ .......... Page 15
7. Wire Transfers........................................................... Page 15
8. I nformation Services.................................................. Page 15
9. Data SUlnmary .......................................................... Page 15
2
B. Payroll Zero Balance Account ........................................ Page 16
1. Use of Account............................................... ........... Page 16
2. Monthly Statement .................................................... Page 16
3. Stop Payments...... .................................................... Page 16
C. Other Required Services ................................................ Page 16
1. Account Analysis ....................................................... Page 16
2. Direct Deposit............................................................ Page 16
3. Direct Draft ................................................................ Page 16
4. Positive Pay............................................................... Page 16
5. Online Banking .......................................................... Page 16
6. Credit Card Merchant Services Provider ................... Page 17
7. Certificates of Deposit ............................................... Page 17
8. Securities Clearance and Safekeeping ..................... Page 17
9. Lockbox Service ........................................................ Page 17
10. Electronic Checks...................................................... Page 17
11. Required Agreements ............................................... Page 17
12. Investment Policy...................................................... Page 17
IV. Optional Services ..................... ......... ... ....... ................... ...... Page 18
V. Method of Payment...........................................:.................. Page 18
VI. Other Matters of Importance ................................................ Page 18
A. Security Pledges............................................................. Page 18
B. Overdrafts......... .............................................................. Page 19
C. Availability of Funds.. ....... ........... ............. .............. ......... Page 19
D. Fraud Detection.............................................................. Page 19
E. Financial Strength........................................................... Page 19
F. Contract .. ...... .......... .......... ........... .......... ....... ....... ......... Page 19
Bidder's Certification....................... .......................... ................. ..... Page 20
Quotation Form
........................................................................ Page 21
Appendix I Banking Services Agreement........................................ Page 27
Appendix II I nvestment Policy......................................................... Page 28
3
SEALED RFP # 10508 - BANKING SERVICES
CITY OF LA PORTE
NOTICE TO OFFERORS
All sealed proposals shall be submitted including one (1) marked original and three (3) duplicate
on the original forms and clearly marked with RFP number and description. Proposals will be
received at the Purchasing Office, 2963 N. 23rd Street , La Porte, TX 77571 until 2:00 p.m.
Tuesdav, August 24. 2010.
Proposals will be opened and names publicly read in the Public Works upstairs training room
immediately after the closing hour for the proposals on said date. An elevator is not available. Please
contact Purchasing at 281-470-5126 if accommodations are needed.
NO LATE PROPOSALS WILL BE CONSIDERED
Packets may be obtained without deposit from:
City of La Porte
Purchasing Division
2963 N 23rd Street
La Porte, TX 77571
(281) 470-5126
Proposals will be opened so as to avoid disclosure of contents to competing offerors and kept secret
during the process of negotiation. All proposals shall be open for public inspection after contract
award. Trade secrets and confidential or proprietary information, so noted in proposal, shall not be
open for public inspection.
The City of La Porte hereby notifies all offerors that in regard to any agreement entered into pursuant
to this advertisement, minority business enterprises will be afforded equal opportunities to submit
proposals in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, age, religion or national origin in consideration for an award.
The City reserves the right to reject any and/or all proposals, to waive any and all technicalities and to
accept any proposal or part thereof, which in the opinion of the City Council, is most advantageous to
the City. In case of ambiguity or lack of clearness in stating the prices in the bid, the City reserves the
right to consider the most advantageous bid thereof or to reject the bid.
Publish Dates: July 28, 2010 & August4, 2010
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CITY OF LA PORTE PURCHASING OFFICE
2963 N. 23RD STREET
LA PORTE, TX 77571
To drop off bids and/or attend bid opening, follow these directions:
~ At SH146 in La Porte, exit W. Main/Spencer Hwy. and turn west
~ From Spencer Hwy., turn North on N. 23rd Street
~ The Public Works facility is on the right, past the La Porte Police Station and the
Mini-Storage Facility.
~ Turn right into parking lot and drive through the entrance gate, turn left
immediately and park in the last aisle on the right.
The Purchasing Office is located on the southwest side of the parking area. Look for the
signage.
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CITY OF LA PORTE
The foregoing prices shall include all labor, materials, equipment, removal, overhead, profit, freight,
insurance, etc., to cover the finished work specified in this proposal.
All items proposed and installed under this procurement must be new and unused and in undamaged
condition.
The City of La Porte is tax exempt and no taxes shall be included in the pricing of this proopsal.
Offeror understands that the Owner reserves the right to reject any or al/ offers and to waive any informalities
in the proposal.
The offeror agrees that this proposal shall be good and may not be withdrawn for a period of ninety (90)
calendar days after the scheduled closing time for receiving proposals.
The undersigned affirms they are duly authorized to represent this firm, that this proposal 11as not been
prepared in collusion with any other firm, and that the contents contained herein have not been
communicated to any other firm prior to the official opening.
Respectfully submitted:
Ame~V Bank of Texas
Business
Annis Bonita Reed (Bonnie)
t';J?ffif;l(please print)
C"...~~:s'!-"~5"~,..-/ 0.... .//.;~ //'.'
0:::-;-" ~--::I7 C;>,,- LZ ,- r c)
~-~ .-
~n~llie Da~
4400 Post Oak Parkway
Address
Houston, TX. 77027
City, State, Zip Code
bonnie.reedcaJameQvbank.com
E-mail
713.232.2185
Office Phone
713.561.0639
Fax Number
6
CITY OF LA PORTE
CERTIFICATION BY BIDDER
City of La Porte Ordinance #98-2217 prohibits any expenditure for goods or services by the City
of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City.
The undersigned bidder further certifies that it is in compliance with the requirements of said
ordinance. A copy of the ordinance may be obtained by contacting the City of La Porte
Purchasing Division at 281-470-5126.
If undersigned bidder is not in compliance with Ordinance 98-2217, it hereby assigns to the City
of La Porte, the amount of its delinquent indebtedness to the City of La Porte. to be deducted
by the City of La Porte from the amounts due the undersigned.
Failure to remit this certification with the bid, or non-compliance with said ordinance shall be just
cause for rejection or disqualification of bid.
l The undersigned hereby certifies that it is in compliance with Ordinance 98-2217.
or
_ The undersigned assigns to the City of La Porte, the amount of its delinquent
indebtedness, to be deducted by the City of La Porte from the amounts due the
undersigned.
(Initial one of the above)
Business Name:
AmeQY Bank of Texas
Address:
4400 Post Oak Parkway
Printed Name:
_~~~~.I!!: ::d ......//;/
( -=~5;; S ~;:--~"-:;,/
Authorized Signature:
Date
AUQust19,2010
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CITY OF LA PORTE
GENERAL TERMS & CONDITIONS
1. RECEIPT AND OPENING OF PROPOSALS
The City of La Porte, (hereinafter called the "Owner"), invites proposals on the form
attached hereto. Sealed proposals shall be submitted including one (1) marked original
and three (3) duplicate on the original forms and clearly marked with RFP number
and description. Owner will receive proposals at the Purchasing Office, 2963 N. 23rd
Street, La Porte, TX 77571. Proposals will be publicly opened immediately after the
closing hour of said date. Vendor name only will be read aloud so as to avoid disclosure
of contents.
Any proposal received after the time and date specified shall not be considered.
The Owner may not consider any proposal not prepared and submitted in accordance with
the provisions hereof and may waive any informalities or reject any and all proposals. Any
proposal may be withdrawn prior to the scheduled time for the opening of proposals or
authorized postponement thereof.
2. PROPOSAL MODIFICATIONS
Any offeror may modify their proposal by written communication at any time prior to the
scheduled receipt of proposals, provided such communication is received by the Owner
prior to closinQ time. The communication should not reveal the proposal price, but should
provide the addition or subtraction or other modification so that the Owner will not know
the final prices or terms until the sealed proposal is opened.
Owner shall not provide interpretation of the meaning of the plans, specifications or other
pre-proposal documents to any bidder orally. Such communication must be in writing.
Every request for such interpretation should be in writing addressed to the Purchasing
Manager. 2963 23rd Street, La Porte, TX 77571 or e-mailed to purchasinQ{CQlaportetx.Qov.
All requests shall be received at least five (5) days prior to the scheduled time for receipt
of proposals. Any and all such interpretations and any supplemental instructions, will be in
the form of written addenda to the specifications which, if issued, will be submitted to all
prospective offerors not later than three (3) working days prior to the scheduled time for
receipt of proposals. Failure of any bidder to receive any such addendum or interpretation
shall not relieve offeror from any obligation of submitted proposal. All addenda issued
shall become part of the contract documents and must be acknowledged as received on
submitted document.
3. METHOD OF AWARD
Evaluation will be based on the criteria stated in the RFP. The best proposal submitted
by a responsible offeror will be negotiated with the City of La Porte. If proposal amounts
exceed the available funds to finance the contract, the Owner may reject all proposals or
may award the contract on a negotiated proposal with deductible alternates applied in
numerical order in which they are listed on the Form of Proposal, as produces a net
amount, which is within the available funds.
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General Terms & Conditions
Continued
Page 2 of 3
The City of La Porte reserves the right to waive any informalities or technical errors that
in its judgment will best serve the interests of the City.
4. FUNDING OUT CLAUSE
The City of La Porte warrants that funds are available to pay for this contract until the
end of its current fiscal year and warrants funds will be requested to make payment in
each appropriation period from now until the end of the last renewable option year.
However, if funds are not made available after such request, then the City of La Porte
may terminate this agreement with thirty (30) days written notice.
5. QUALIFICATIONS OF OFFEROR
At the time of the opening of proposals, each offeror will be presumed to be thoroughly
familiar with the plans and contract documents (including all addenda). The failure or
omission of any offeror to examine any form, instrument, or document shall in no way
relieve any offeror from any obligation in respect of his proposal.
The Owner may make such investigations as he deems necessary to determine the ability
of the offeror to perform the work, and the offeror shall furnish to the Owner all such
information and data for this purpose as the Owner may request. The Owner reserves the
right to reject any proposal if the evidence submitted by, or investigation of, such offeror
fails to satisfy the Owner that such offeror is properly qualified to carry out the obligations
of the contract and to complete the work contemplated therein. Conditional proposals will
not be accepted.
6. CONDITIONS OF WORK
Each offeror must inform himself fully of the conditions relating to the construction of the
project and the employment of labor thereon. Failure to do so will not relieve a successful
offeror of his obligation to furnish all material and labor necessary to carry out the
provisions of his contract. Insofar, as possible contractor, in carrying out his work, must
employ such methods or means as will not cause any interruptions of or interference with
the work of any other contractor.
7. LAWS AND REGULATIONS
The offeror's attention is directed to the fact that all applicable state laws, municipal
ordinances, and the rules and regulations of all authorities having jurisdiction over
construction of the project shall apply to the contract throughout, and they will be deemed
to be included in the contract the same as though herein written out in full.
8. SUBCONTRACTS
The offeror is specifically advised that any person, firm, or other party to whom it is
proposed to award a subcontract under this contract must be acceptable to the Owner.
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General Terms & Conditions
Continued
Page 3 of3
9. SAFETY STANDARDS AND ACCIDENT PREVENTION
With respect to all work performed under this contract, the Contractor shall:
(1) Comply with the safety standards provisions of applicable laws,
building and construction codes and the "Manual of Accident
Prevention in Construction" published by the Associated General
Contractors of America, and the requirements of the Occupational
Safety and Health Act of 1970 (Public Law 91-596).
(2) Exercise every precaution at all times for the prevention of
accidents and the protection of persons (including employees) and
property.
10. CONFLICT OF INTEREST
Chapter 176 of the Texas Local Government Code requires that any person, who enters
or seeks to enter into a contract for the sale or purchase of property, goods or
services with a local government entity and who has a business relationship (as
defined by Section 176.001 (1-a)) with the local government entity, shall file a
completed conflict of interest questionnaire with the City Secretary within 7
business days after the latter of: 1) the date the person begins discussions or
negotiations to enter into a contract, including submission of a bid or proposal, or
2) the date the person becomes aware of facts that require the statement to be
filed. The Conflict of Interest Questionnaire (Form CIQ) is available from the City
of La Porte website at www.!aportetx.Qov or from the Texas Ethics Commission at
www.ethics.state.us. Completed conflict of interest forms may be mailed or
delivered to the office of City Secretary, 604 W. Fairmont Pkwy., La Porte, TX
77571. Please consult your own legal advisor if you have questions regarding the
statute of this form.
11. SUPPLEMENTAL INFORMATION
A. All prices to be F.O.B., Destination, City of La Porte, La Porte, Tx 77571.
B. The City of La Porte is exempt from all taxes in the State of Texas, including sales
tax. A tax-exempt form will be provided upon request.
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CITY OF LA PORTE
INDEMNITY HOLD HARMLESS AGREEMENT
To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall
pay, defend, indemnify and hold harmless the City of La Porte, its agents, representatives,
officers, directors, officials and employees from and against all allegations, demands,
proceedings, suits, actions, claims, including claims of patent or copyright infringement,
damages, losses, expenses, including but not limited to, attorney's fees, court costs, and the
cost of appellate proceedings, and all claim adjusting and handling expenses, related to, arising
from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole
or part by Contractor relating to work, services and/or products provided in the performance of
this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly
employed by or working as an independent contractor for Contractor or said Subcontractors or
anyone for whose acts any of them may be liable and any injury or damages claimed by any of
Contractor's and Subcontractor's employees or independent contractors.
The Contractor expressly understands and agrees that any insurance policies required by this
contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the City of La Porte, its Council members,
officers, agents and employees and herein provided.
Contractor
Date
Printed Name
Signature
1I
CITY OF LA PORTE
RFP #10508 - BANKING SERVICES
I. INTRODUCTION
The City of La Porte is seeking proposals from qualified vendors for banking services.
The purpose of these specifications is to describe the minimum requirements for the
City of La Porte
A. BACKGROUND
The City of La Porte, based on an examination of its cash management policies,
practices and procedures, is evaluating its banking needs in terms of services and
costs. In conjunction with this evaluation, the City is inviting proposals from
qualified banking institutions for providing complete banking services to the City of
La Porte as described in Section 3. The City of La Porte desires to acquire banking
services, which represent the best value to the City. The City considers value to
be a function of price and quality.
B. SUBMISSION INSTRUCTIONS
1. Sealed Proposals: Responses to this request, one (1) original and three (3)
copies, marked as shown, shall be sealed and mailed or delivered to:
RFP #10508 - BANKING SERVICES
Susan Cream, Purchasing Manager
City of La Porte
2963 N 23rd Street
La Porte, Texas 77571
To be eligible for consideration, all proposals must be filed with the City before
2:00 p. m., August 24, 2010. Proposals received after the deadline, regardless of
method of delivery, will not be opened or considered by the City.
2. Responses: Proposals must be submitted on the standard forms provided
herein, with supporting material attached to the required forms. The City's
decision in selecting the proposal that best meets the needs of the City will be
based on the data contained in this proposal and on the attached quotation
forms. Alternative Proposals (those not conforming to the standard forms
provided herein) will be considered as long as sufficient documentation is
provided showing the assumptions used in arriving at the proposal.
Alternative proposals shOUld demonstrate the financial institutions' unique,
cost effective, or innovative approach to not only today's banking needs but
also to the rapidly changing demands of the banking industry and its clients.
3. Questions and Clarifications: Any questions or requests for cfarification
should be directed to Susan Cream, Purchasing Manager at (281) 470-5126.
Inquiries should not be made to other City officials or employees. This
Request for Proposal does not commit the City of La Porte to enter into any
formal or informal banking services arrangement or to incur any costs related
to the preparation of a response.
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4. Schedule:
July 22, 2010
July 28 & Aug 4
August 24, 2010
September 13, 2010
October 1, 2010
Distribution of Request for Proposal
Adve rtisement
Deadline for Submission of Proposals
City Council Approval
Effective Date
5. Variances: All variances from the City's specifications, terms, and/or
conditions, no matter how slight, must be indicated on the attached quotation
forms. Otherwise,.it will be assumed that your proposal fully complies with the
terms, conditions, and specifications as defined.
C. SELECTION CRITERIA
The following criteria will be used by the City to evaluate the proposals and to
make a selection:
1. Compliance with qualifications as set out in Section" of this RFP 20%
2. Ability to provide required services as set out in Section III of RFP 20%
3. Complete responses to all required items on the quotation forms 15%
4. Cost of Services 15%
5. Financial Strength 15%
6. Convenience of Location 15%
D. TERMS AND CONDITIONS
1. Contract Term: The intent of this Request is for the City to arrange for
banking services for a five year period, commencing on October 1, 2010, and
will continue until a new agreement is reached.
2. Right to Reject: The City reserves the right to waive any irregularities in any
proposal, to request additional information, and to accept or reject any item of
any proposal.
3. Modifications and Amendments: The City reserves the right to negotiate
such additions, deletions or changes as it deems necessary during the term of
this agreement.
4. Termination: Either party may terminate this agreement upon giving written
notice to the other party 90 days in advance of termination.
5. Effective Date: The selected proposal upon approval by the City Council, and
the execution of a formal contract, will become effective October 1, 2010. The
Bank will commence operating pursuant to this agreement as soon as
practicable.
6. Bank Failure: Should the Bank fail, close, or be forced into reorganization
during the term of this contract, City reserves the right to immediately cancel
the contract.
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II. MINIMUM QUALIFICATIONS FOR SUBMITTING A PROPOSAL
In response to this Request for Proposal, the offeror acknowledges and understands
that the following conditions must be met during all times services are provided to the
City:
A. Basic Bank Qualifications: The bank must be a Federal or Texas Chartered Bank
with a branch located in La Porte.
Amegy Bank is a Federal Chartered Bank.
Amegy Bank's La Porte Branch is located at
1401 Fairmont Parkway
La Porte, Texas 77571
B. Approved Collateral: A bank submitting a proposal must have identifiable collateral
which meets the requirements of Texas law for public depositories, and which is
sufficient to cover the City's deposits at 102% at aU times. The City would consider
the use of letters of credit as collateral.
C. Adequate Size to Provide Services: A bank submitting a proposal must have
adequate organization, facilities, equipment, and personnel to provide prompt and
efficient service to the City. .
D. City Liaison: A bank submitting a proposal must assign a senior level bank
management person as liaison with the City's Finance Department.
The City of La Porte's Relationship Officer will be James Prickett and the City's
Treasury Management officer will be Annis Bonita Reed.
D. References: Provide three Texas local government references for cash
management services.
See section II - C
III. STATEMENT OF REQUIRED SERVICES
The City has determined the following services and products are the minimum
necessary to fulfill the current and foreseeable future banking service requirements of
the City of La Porte. A description of our typical activity is as follows:
1. All receipts are credited to the General Operating Account. The daily operating
balance in this account averages $2,000,000.
2. Disbursements are made from the General Operating Account to vendors and
other fund accounts maintained by the city. The City issues an average of 500
checks per month for an average total amount of $3,900,000 through this
account.
3. The City collects property taxes for La Porte Independent School District.
These collections are deposited into the City's General Operating Account and
are transferred to the school district by ACH on a daily basis. For the month of
January these deposits totaled $45,000,000.
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4. Employee paychecks are issued through the Payroll Account, which is
maintained at a zero balance. The City has a bi-weekly payroll with an
average of 400 employees representing a net average monthly payroll of
$960,000. The majority of the employees are on direct deposit.
5. Funds in interest bearing accounts shall earn interest at the rate paid on
interest bearing accounts. Please provide an explanation of the institution's
policy and methodology used in setting rates paid on interest bearing accounts.
Indicate if they are based on a market rate such as the T-bill discount or yield
rate, or the federal funds rate, etc. and when the rates are changed. Also
please provide a historical schedule of rates paid on this type of interest
bearing account. Funds deposited into a non interest bearing account will be
used to offset fiscal services charges.
Our rate committee meets twice a monthly and we consider the economy,
competition and the 91 day T -Bill rates when setting rates.
A. GENERAL OPERATING ACCOUNT
1. Use of Account: The City of La Porte requires a General Operating Account
into which all City receipts will be deposited and all transfers and checks will be
paid. A transfer is made bi-weekly into the payroll account to cover the net
payroll. The daily operating balance will vary. Currently this account averages
$2,000,000 daily.
2. Deposits: The City will make deposits to the General Operating Account at
various times during the business day and will require the Bank to give same
day credit on collectable funds the Bank receives before 2:00 p.m. It is the
City's Policy to encode checks prior to Deposit.
Agree. You can extend that time frame when using our Anytime Deposit
product (scanner) up to 9:00 PM.
3. Monthly Statement: The City requires that monthly statements provide
beginning and ending balances as well as all transactions that occurred during
the reporting period. The City would prefer that these statements be available in
electronic format.
The City will receive a monthly statement that provides begInning and
ending balances. The transactions that occur within the month will be
included, The statements are available online through Amegy's balance
reporting system, AmegyConnect. AmegyConnect provides 18 month of
history for statements. The statements are available as a PDF.
4. Optical Imaging: The City will consider using CD-ROM for the imaging and
retention of cleared checks, containing front and back side check images.
Please describe any software or hardware requirements, any options or pricing.
Amegy Bank offers a number of Optical Imaging solutions. Hardware
requirement would be to have a computer that reads CD ROMS, Pricing is
reflected on our Proforma that is included in Section I - A.
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5. Stop Payments: The City desires an automated stop payment process. Please
describe what options are available, any time deadlines and the pricing.
The City will have the ability to create Stop Payments online through Amegy
Connect. The stop pay must be placed by 4:00 pm CST in order to be effective
same day.
6. Returned items: The City will require that returned items be automatically re-
deposited the first time.
Agree.
7. Wire Transfers: The City will require the Bank to periodically wire funds out of
the accounts to various vendors, paying agents, and brokers upon telephone
instructions or wire transfers completed online. Wire transfers in will be made for
sale of securities, interest payments and receipts from various governmental
agencies. The city requires that wires be released the same business day if
information is provided by the established deadline. Notification of wire transfers
shall be made by written confirmation mailed to the City on the same day of the
transaction. Please describe the process of online wire initiation, back up
procedure, security, time deadlines, and the options available and pricing.
Amegy Bank of Texas recommends that the City utilize the wire transfer offering
within AmegyConnect. You can either create a one-time payment from a
payment type or select a batch template. When creating a Wire payment you
can select from various payment types, and enter the data that meets you
needs.
Once the City selects a payment type, the system displays the Create Payment
page that is appropriate for the payment type. This page includes sections for
inputting payment, ordering customer, beneficiary, additional, and options
information. When done completing this page, The City can preview, and then
submit, the payment.
From that point the system is automated and the wire request goes through a
series of automated reviews, as long as the wire meets those guidelines it
is then released immediately to the Federal Reserve and then forwarded to
the beneficiary BanI<.
There is no delay in wire processing as long as the wire transfer is received by:
Federal Tax Payments - 3:30 p.m. CST
Drawdown - 4:30 p.m. CST
International - 4:00 p.m. CST
Domestic - 4:30 p.m. CST
In addition to PC wires the City has the ability to initiate wires through:
Telephone
Wire users are given a pin number to use when initiating and approving phone
wires. Users will call the Amegy wire room to initiate or approve wire and pin
number will be required.
User fax in request to Amegy Bank wire room. A phone call is then placed to
client to obtain PIN of the approver and confirm fax details.
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8. Information Services: The City desires balance reporting for daily access of
its bank accounts to obtain balance information. The most desirable access
would be online access. The information desired would be ledger balance
collected balance one day float amount, two day float amount, total credits, total
debits and detail debits and credits. This information should be available each
morning by 10:00 a. m. Please describe the bank's online service capabilities,
the options available, any hardware or software requirements and the pricing.
Amegy Bank's electronic banking system, AmcgyConnect, allows users to access
the City's financial data, banking information, payment solutions, and specialized
reports. AmegyConnect is a secure, 24/7 accessible web based application that is
built to fit the City's needs.
AmcgyConnect has a Client Self Administration module. Administrators have the
ability to add new users, assign users access and security privileges, change liseI'
permissions or remove users without having to send anything to the bank.
Summary level Same Day and Previous Day information is available by 8:00 am
CST to view. The ability to view detail information about items is available.
Additional details on transactions such as ACH and Wire Transfers caIl also be
viewed. Previous Day information is available to view for 180 days, while Same
Day detail is retained for 90 days. Users can view loan information such as rate,
amount, and maturity date.
9. Data Summary: Estimates of Activity are found in Item A of the Quotation
Form.
B. PAYROLL ZERO BALANCE ACCOUNT
1. Use of Account: The City of La Porte requires a zero balance checking
account from which all biweekly City payroll checks will be written.
2. Monthly Statement: The City requires that monthly statements provide
beginning and ending balances as well as all transactions that occurred during
the reporting period. The City would prefer that these statements be available
in electronic format.
Amegy Bank provides monthly statement online through AmegyConncct.
Statements are available online for 18 months.
3. Stop Payments: The City will require the Bank to issue stop payments initiated
either online or upon telephone communication from authorized City personnel.
The City will provide written confirmation of the telephone or online transaction
and will require written confirmation of the stop payment from the Bank.
Agree.
C. OTHER REQUIRED SERVICES
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1. Account Analysis: The City requires that a monthly account analysis be
presented to the City within 15 business days of the end of the month. The
account analysis must show a minimum of the following information.
a. Account number
b. Period covered
c. Average ledger balance
d. Average collected balance
e. Services rendered (include type of service and quantity)
f. Per unit cost of each service
g. Total cost per service
h. Total cost of all services rendered
Agree.
2. Direct Deposit: Direct deposit of payroll checks is required of all employees,
currently there are 412 employees with 392 with direct deposit, 7 using payroll
cards and 13 that use regular checks. The bank will be required to produce
bi-weekly payroll transfers from an uploaded file furnished by the City in ACH
format for transfer of funds directly to the employees' bank, savings, or credit
union account. Please state the Bank's procedure for this service and list
appropriate cut-off times that would apply. (Item 0 on Quotation Form) The
City's net payroll is approximately $480,000 each pay period.
3. Direct Draft: The City currently makes available to customers the ability to pay
utility bills by direct bank draft. Please state the Banks procedures for this
service (Item E on Quotation Form).
4. Positive Pay: The City currently uses positive pay. The positive shall be fully
automated and web based. Check information will be transmitted electronically
to the bank on each check run. Please describe the complete process, data
transmission requirements, the options available, any time deadlines, and the
pricing. (Item H on Quotation Form).
5. Online Banking: The City currently completes the majority of banking
functions online. These functions include, but are not limited to, account
inquiry, initiation of outgoing wire transfers, interaccount transfers, uploading
ACH files. Please state the Banks ability to provide online services (Item I on
Quotation Form).
6. Credit Card Merchant Services Provider: The City accepts credit cards for
the payment of several City services in person, on the telephone and online.
Please state the Bank's ability to provide this service and the associated
procedures. The city would require several merchant accounts. The city
expects 2,600 credit card transactions per month, with an average monthly
transaction value of $580,000. Please confirm the capability of your bank to
provide this service, the options available, the type of major credit cards
accepted (Le. Visa, MasterCard, Discover, American Express), the type of
equipment available, and the pricing. (Item J on Quotation Form).
7. Certificates of Deposit: Certificates of Deposit purchased for the City shall be
non-negotiable, and shall be registered in the name of the City. CD's shall be
fully insured by the FDIC or collateralized by fully guaranteed Federal
obligations that are pledged to the City and that have market value equal to or
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greater than the CD for the life of the CD,or by letters of credit in the city's
name. Proof of collateral shall be supplied to the City before the CD's are paid
for.
8. Securities Clearance and Safekeeping: The Depository may act as transfer
agent for some or all security transactions undertaken by the city. All security
transactions shall be executed delivery versus payment. A safekeeping
confirmation for each City security transaction will be issued, and mailed to the
City within two (2) business days of settlement. A monthly report listing all City
securities held in safekeeping will be mailed to the City within seven (7)
business days of the end of the month.
Agree.
9. Lockbox Service: The City is in the process of establishing lockbox service at
its current depository. The City would like to also have remote lockbox
capabilities whereas city personnel scan in and deposit checks from the City
Hall location from the customer service counter. The bank shall provide a
scanner to facilitate this process. Provide data regarding the use of lockbox in
your proposal and identify the applicable cost on the fee schedule. (Item K on
Quotation Form).
10. Electronic Checks: The City is in the process of establishing the capability for
customers to pay by electronic checks on line. Please explain if your institution
is able to offer this type of service and if so, the cost, process and any other
relative information. (Item L on Quotation Form).
11. Required Agreements: Please provide a copy of all required agreements
(even if not directly referenced or required in this RFP) which will be required to
be executed for services under this contract. Any changes and negotiation
required on the agreement will be made and agreed upon before award of
the contract.
12. Investment Policy: The bank awarded the contract will be required to review
the City's current Investment Policy and certify that the bank has sufficient
controls in place to avoid transactions not authorized by the policy. Provide
agreement of this condition. (Appendix II).
IV. OPTIONAL SERVICES
Armored Car Service: The city is considering requiring armored car service. Please
confirm the capability of your bank to provide this service, the options available and the
pricing.
Armor car service is available at the cost of $7/day.
V. METHOD OF PAYMENT
The City reserves the right to utilize either a fee basis or compensating basis (or a combination
of each) for payment of services under the contract. The City reserves the right to change the
payment methodology during the contract period upon no less than 30 days written notice to the
bank with the change commencing the first of the following month. This will enable the City to
take advantage of changing interest rate environments. The bank shall state what balance is
19
used to calculate the earnings allowance whether it is the ledger balance, collected or available
balance. Any excess collected balance may be invested daily by the Bank as directed by the
City in a City approved overnight investment, an interest bearing account or a SEC registered
money market fund.
VI. OTHER MATTERS OF IMPORTANCE
A. SECURITY PLEDGES
As security for the deposits of the City of La Porte, the Bank shall pledge to the City
securities equal to 102% of the balances the City of La Porte maintains in the Bank.
Reporting Requirements: The Bank shall provide the City with a report of
securities pledged at the end of each month or at any time requested by the
Director of Finance or his/her designated representative. This report should be
delivered to the City by the 10\h of each month and should reflect the following
information as of the end of the previous month:
~ Total pledged securities itemized by:
~ Name
~ Type/Description/Cusip Number
~ Par Value
~ Current Market Value
~ Maturity Date
~ Moody's or Standard & Poors Rating (both, if available)
Safekeeping Requirements: The securities pledged shall be pledged in the name
of the city and held in safekeeping by an independent bank other than the
Depository Bank. The City also requires a written agreement with the 3rd party bank
in accordance with the Uniform Commercial Code (UCC) requirement for control.
Any swaps, sales, or transfers of collateral cannot occur without written approval by
the City. The original copy of all safekeeping receipts shall be filed with the Director
of Finance of the City of La Porte. The City will reimburse the depository bank for
any safekeeping charges provided the estimated charges are specified under Item
C on the quotation form. In accordance with State law, the Board of directors of the
depository bank shall be required to provide a resolution of certification approving
the commitment and delivery of the collateral to the safekeeping institution not later
than five days before the commencement of the contract period.
Amegy has a monthly report that can be sent by the 10lh business day of the
following month however it does not reflect Moody's or S&P ratings.
B. OVERDRAFTS
An overdraft shall exist when a negative demand balance exists in the City's
accounts collectively, not by individual account. The City does not intend to have a
net overdraft position occur during the course of the contract period. However,
should a net overdraft condition occur, the following stipulations would apply. The
maximum number of days the overdraft condition would be allowed is 3
banking days. The maximum amount of the overdraft to be allowed would be
$500,000.00. The interest rate would be Prime +5% per annum computed on an
actual day basis for the days and amount of overdraft. (Item F on Quotation Form)
c. AVAILlBILlTY OF FUNDS
Please provide a schedule and detailed explanation of funds availability, showing
both time and day of availability, and specify the institution location to which the
20
availability is applicable. If more than one availability schedule is applicable, provide
both.
Reference Section I - B
D. FRAUD DETECTION
Provide information describing the institution's security measures to prevent fraud,
and unauthorized electronic, and non-electronic transfers and to protect the integrity
of computer banking services, and internal computer systems. Please address
security measures on ACH transactions.
Amegy Bank otTers numerous security measures to our clients to minimize the risk
of unauthorized transactions
- Positive Pay
-ACH Positive Pay
- Trusteer Rapport
-Dual Control
-System Administrators
- Treasury Gateway Single Sign On
~~;'T;@('fti.!N)'\N'~!.~I;!;~mR~N.~[fi .
The proposer shall provide a copy of their most recent audited financial statements
for the most recent fiscal year, the past two recent quarterly FDIC call reports, the
Uniform Bank Performance Report for the latest fiscal year and the bank's current
CRA rating (noting the specific rating agency).
F. CONTRACT
The depository bank whose proposal is accepted by the City will be required to sign
a formal contract with the City. The contract will acknowledge this proposal as the
basis for services, to be provided, and will be referred to, in the contract, as
Appendix I.
21
CITY OF LA PORTE
BIDDER'S CERTIFICATION
This is to certify that I am duly authorized officer of the Banking Institution submitting this
proposal. Offeror understands that the Owner reserves the right to reject any or all proposals
and to waive any informality in the following Quotation Form. The Offeror agrees that this
proposal, being submitted in one original and three copies shall be good and may not be
withdrawn for a period of ninety (90) calendar days after the scheduled closing time for
receiving proposals.
Respectfully submitted:
C'-- ~_.- ~~..~;~~~~/
Signature
Annis Bonita Reed (Bonnie)
Name (please print)
Vice President
Title
AmeQV Bank of Texas
Banking Institution
4400 Post Oak Blvd.
Address
Houston. Texas 77027
City, State, Zip Code
22
CITY OF LA PORTE TEXAS
QUOTATION FORM
TO BE COMPLETED BY THE FINANCIAL INSTITUTION
ITEM (A) GENERAL OPERATING ACCOUNT
(Pro Forma Volumes Based on 12 month period ending March 31, 2010)
MONTHLY UNIT TOTAL
SERVICE DESCRIPTION ACTIVITY PRICE CHARGE
Depository Services
DDA Statement Additional 2 10.00 20.00
Credit Entries 47 .30 14.10
Debit Entries 475 .08 38.00
Items Deposited-on US 511 0.045 23.00
Items Deposited-Local City 2,554 0.060 153.24
Items Deposited-Transit 1,335 0.080 106.80
Items Deposited-ClearinQhouse 1,762 0.050 88.10
Items Deposited-Local RCPC 231 0.060 13.86
Items Deposited-Other 11 Fed 1,571 0.070 109.97
Item Deposited-reclear 35 3.50 122.50
Return item-charQebacks 23 3.50 80.50
Currency handled oer $100 2,252 0.08 180.16
Account Maintenance 2 5.00 10.00
ACH Credits Received 236 0.07 16.52
ACH Debits Received 76 0.07 5.32
Wire Transfer Services
Wire Maintenance 2 0 0
IncominQ Wire e-mail and fax 3 11.50 34.50
PC Wire out 1 5.00 5.00
Account Reconciliation Service
AR Full w-pos pay-checks paid 579 .070 40.53
AR Postage 2 5.00 10.00
AR Data trans outDut 2 10.00 20.00
AR Maint positive pay 2 5.00 10.00
23
CITY OF LA PORTE TEXAS
QUOTATION FORM
TO BE COMPLETED BY THE FINANCIAL INSTITUTION
General ACH Services
ACH Direct Send monthly Maint 2 10.00 20.00
ACH Transmissions 6 6.00 36.00
ACH Debit Originated 948 .08 75.84
ACH Credit Originated 1 ,430 .08 114.40
ACH Addendum Originated 42 .03 1.26
.
ACH Return or reject dr entrv 13 2.0 26.00
ACH Return or reject cr entrv 2 2.0 4.00
Information Services
BK Transfer - Non Rep 2 3.0 6.00
Balance Transaction Acet 2 10.00 20.00
Previous Day Transactions 867 .10 86.70
Payroll Card Services
PRC-Card Database Maintenance 29 2.50 72.50
Safekeeping
Safekeepi ng-Maint -FR B 2 3.00 6.00
Supplies
Locking Deposit Bags At cost
Three-part Carbon less Deposit Tickets At cost
Pricing for additional services and
products - can be found on our
pricing Proforma under Section I-A.
ITEM (B) EARNINGS CREDIT RATE
The Earnings Credit Rate on available account balances for the most recent month:
.050 % basis.
This rate is based on the prevailing rate tied to the 91 day T -Bill.
ITEM (C) SAFEKEEPING CHARGES
24
Provide the estimated annual cost charged to the City of La Porte, if any, for safekeeping
by an
independent bank for Security Pledged
Maint-FRB - 3.00 per receipt. Amegy's Safekeeping Fee Schedule for all
custody/safekeeping charges are attached.
CITY OF LA PORTE TEXAS
QUOTATION FORM
TO BE COMPLETED BY THE FINANCIAL INSTITUTION
ITEM (D) DIRECT DEPOSIT
Please describe below the procedures and costs, if any, for the provision of Direct Deposit
to City employees.
Direct Deposit of Payroll Service automatically deposits your employees' checks into their
bank accounts. Use Direct Deposit to effectively and efficiently deposit your employees'
payroll checks on time, no matter where they bank. We support various types of input
methods to maximize the advantages to your company: Third-Party Vendor-We accept file
input from third-party payroll vendors that are familiar with our processing procedures.
Internet File Delivery- Access the ACH payment system over the Internet-a convenient
and easy way to send us your payroll. Our Corporate Internet Banking ACH service
provides easy-to-use payroll forms that allow you to input employee information once and
then access that information each payroll period. Or you can import payroll information into
templates to save re-keying information already in your payroll system. If your payroll
system creates an ACH-formatted file, you can transmit this file in a secure mode over the
I ntemet.
ITEM (E) DIRECT DRAFT
Please describe the procedures and cost, if any, for providing Direct Draft to citizens for
payment of utility bills.
Automated Clearing House (ACH) Origination allows you to initiate electronic transactions
through the ACH Network. ACH Origination can debit (you retrieve money) or credit (you
send money) accounts at other institutions through the National Automated Clearing
House Association (NACHA).
Payment instructions are sent in an industry-standard NACHA format, generated either
through your own system, a payroll vendor or third-party processor, or the ACH module of
our Corporate Internet Banking Service. You can schedule collections for regularly
occurring receivables.
25
CITY OF LA PORTE TEXAS
QUOTATION FORM
TO BE COMPLETED BY THE FINANCIAL INSTITUTION
ITEM (F) OVERDRAFT PROTECTION
Days of overdraft condition allowed three (3).
Interest rate per annum prime+5%.
Maximum amount allowed $500.000
ITEM (H) POSITIVE PAY
Please state your current ability as it relates to services you would be able to provide the
City in the area of positive pay.
Amegy Bank offers Positive Pay Advantage with Payee Match. Simply send a check file
every time checks are issued; or manually enter issued checks into Positive Pay
Advantage. Amegy Bank then matches the issued file against checks presented for
payment. Before a decision to reject or pay the exception users can log in to the online
system to view front and back images of the checks presented. The system includes an
Administration Module. The module allows businesses to retain control and grant
permissions to users, manage accounts, reinstate passwords and audit activity. Lastly,
Amegy Bank reconciles all accounts utilizing Positive Pay and provides data about the
checks.
ITEM (I) ONLINE BANKING
Please state your current ability and future plans as it relates to services you would be able
to provide the City in the area of online banking.
26
Amegy Bank's electronic banking system, AmegyConnect, allows users to access the
City's Energy's financial data, banking information, payment solutions, and specialized
reports. AmegyConnect is a secure, 24/7 accessible web based application that is built to
fit the City's needs.
AmegyConnect has a Client Self Administration module. Administrators have the ability to
add new users, assign users access and security privileges, change user permissions or
remove users without having to send anything to the bank. Summary level Same Day and
Previous Day information is available by 8:00 am CST to view. The ability to view
detailinformation about items is available. Additional details on transactions such as ACH
and Wire Transfers can also be viewed. Previous Day information is available to view for
180 days, while Same Day detail is retained for 90 days. Users can view loan information
such as rate, amount, and maturity date.
CITY OF LA PORTE TEXAS
QUOTATION FORM
TO BE COMPLETED BY THE FINANCIAL INSTITUTION
ITEM (J) CREDIT CARD MERCHANT SERVICE PROVIDER
Please state your current ability and future plans as it relates to services you would be able
to provide the City in the area of Credit Card Merchant Services Provider.
Amegy Bank is able to offer customers both credit and debit card processing through our
third-party vendor, Transfirst. In 2009 $29 billion was processed. On average $115 million
per business day is processed. Amegy offers a secure payment gateway for payments
made by phone, online, or in person through our Anytime Payments service. We provide
easy, online access to a comprehensive selection of reports 24 hours a day, seven days
a week through TransLink™. TransLink reports include transaction and batch history,
merchant monthly statements, chargeback and adjustment history, ACH history,
authorizations, specific card number activity, and are available 24 hours a day. In
addition, a demo is available on TransFirst's website at www.transfirst.com or click on the
following link:
htt ps://www.transfirst.com/T ransLi n k Demo/MerchantDemo/1 ndex. html.
· TransLink benefits:
· 24/7 instant access
· Monitor payment activity
· Track sales trends
· Pull previous statements, authorization records and much more
· Eliminate endless searches through stacks of receipts and boxes of files
· Multi-user access
TransLink reports provide you:
· Transaction History by:
o Date
o Cardholder Number
o Transaction Number
\ 0 Transaction Amount
27
o Batch Amount
o Authorizations
II Statements
II ACH History
· Chargebacks
Transaction information is available by merchant identification number.
ITEM (K) LOCKBOX SERVICES
Please state your current ability and future plans as it relates to services you would be able
to provide the City in the area of Lockbox Services.
Amegy Bank offers Wholesale and Retail Lockbox Services. Our lockbox service operates
seven days a week, including holidays, and accommodates peak volumes and postal
sorts. Mail pickups begin Sundays at 6:30 pm and include seven postal pickups per day,
Monday through Friday, with four receipts on Saturday.
The Amegy Bank Retail and Wholesale Lockbox solution allows customers to maximize
profitability by expediting receivables for collection and posting. Retail Lockbox is ideal for
high volume/ low dollar payments. Wholesale Lockbox is ideal for low volume/ high dollar
payments
CITY OF LA PORTE TEXAS
QUOTATION FORM
TO BE COMPLETED BY THE FINANCIAL INSTITUTION
ITEM (L) ELECTRONIC CHECKS
Please state your current ability and future plans as it relates to selvices you would be able
to provide the city in the area of Electronic Checks.
Amegy Bank offers a remote deposit solution called Anytime Deposits. The product
enables users to scan paper checks from their office and transmit the image via secure
internet connection for processing. Process is as follows:
28
Day 1: Client receives and deposits check through Anytime Deposit Scanner. An electronic
image of the check is sent to Amegy Bank of Texas back office. Amegy Bank then
transmits the image of the check through Image Cash Letter (ICL) or to a print site located
close to the Federal Reserve District. The check image is printed on secure watermark
paper. The printed image is called a Substitute Check or IRD. Day 2: IRD is presented and
drawn on bank. The customer's original deposit becomes available for use. Cut off time for
Same Day ledger credit: 9:00 pm CST on business days.
29
CITY OF LA POHTE:
INDEMNITY HOL.D HAHIVILI:SS AGREEIVIENT
To tho fullest extel)t permitted by law, ~)OIvh;o Provldol', lis successors, assl~Jns and
guarantors, shall pay, defend, Indemnify and hold harmless the City of La Porto, its agents,
representatives, oHlcers, directors, officials and employees from and agaInst all allegallons,
demands, proceedings, sulls, aotlons, claims, Ineludino claims of patent or copyright
Infringement, damages, losses, expenses, including but not limited to, attorney's fees, court
costs, and the cost of appellate proceedings, and all claim adjusting and handling expenses,
related to, arising from or Ollt of or resulting (rom any 1l0Ull{lOllt acllons, acts, errors, mistakes
or omissions caused in whole or part by Bnrvll;O Providor relating to worl<, services and/or
products provided in the performance of this Contract, incltlding but not IImlled to, any
Subcontractor or anyone directly or fndlreclly employed by or working as an Independent
contractor for norv!l;o Provider or said Subcontractors or anyone for whose acts any of them
may be liable and any injury or damages claimed by any of ~)orvlco Pr()vidrll"~~ and
Subcontractor's employees or independent contractors.
The SorviGo Prov!clor expressly understands and agrees that any Insurance policies required
by this contract, or otherwise provided by the Smvlco Providol', shall In no way limit the
responsibility to Indemnify, keep and save harmless and defend the City of La Ports, Its Council
members, officers, agents and employees and hereIn provided.
I ,/) 1/ \ . 'l j-;;I.'.J ('( { (. ,\/1',
Contractor ')(.'.,;... ,",... (("{
(, . ,-">.'~' I (
( i
Date
\ J '
I '....11', i)\ .,,\..\'i K t,' ( I (
Printed Name
15, ,'4 N/' .J
(
/'
Signature
CITY Ol~ LA P01~rE
AMENDMENT fJ1
SEALED RFP 1t10500.. BANI<ING SERVICES
August 23, 2010
DEAR VENDOR
Please note the changes to Sealed RFP #10508 ~ Banking Services. All dates remain the
same. For clarification, the city elected to use the standard form of bid documenls, the word
"contractor" has been changed to service provider and the word "negligent" Iws been added.
(see revised form)
Include this document as parI of your relurned bid.
If you have any questions, please call Purchasing al 201-470-5126.
Thank YOll for youI' cooperation In lhls maUer.
YOprs truly,
<"~tlJ."i\~ 1~ atk iM,~y'\_/
Jeana Masterson
Buyer
L<ic.knQwle..dge the receipt of Amendment #1.
C------c.-,,:~~--;:~~~;!~i~? c 'c.- 'c-.;//
Signature
Rinehart, Phyllis
From:
Sent:
To:
Subject:
Masterson, Jeana
Thursday, August 26.20102:19 PM
Rinehart, Phyllis
FW: RFP #10508 - Banking Services
From: Bonnie Reed [mallto:Annis.Reed@amegybank.com]
Sent: Thursday, August 26, 2010 2: 12 PM
To: Masterson, Jeana
Subject: RE: RFP #10508 - Banking Services
Jeana,
My apology is extended - it is .50%.
Thank you for bringing it to my attention. Do you need me to resubmit that page with the correction?
Enjoy the rest of your day.
From: Masterson, Jeana [mailto:MastersonJ@laportetx.gov]
Sent: Thursday, August 26, 2010 11:49 AM
To: Bonnie Reed
Subject: RFP #10508 - Banking Services
Bonnie, will you please verify the following submitted information on the returned proposal from Amegy:
Earnings Credit Rate available account balances for the most recent month: .050% basis. This is on Tab I page 24.
Thank you.
J ('..<;V/l.W lvIa1.i""0YjoY\l
13v."yer
City o{Lev]Jovtv/
281 JI-l0-5121[.
281 -Lf70.5121 (FWlJ
"Messaging Security" made the following annotations on 08/26/10, 13:12:37
CONFIDENTIALITY NOTICE:
The information contained in this ELECTRONIC MAIL transmission is
confidential. It may also be privileged work product or proprietary
information. This information is intended for the exclusive use of the
addressee(s). If you are not the intended recipient/ please inform us. Any
unauthorized/ disclosure, dissemination, distribution [other than to the
addressee(s)]/ copying or taking of any action because of this information
is strictly prohibited. As we cannot guarantee the genuineness or
completeness of the information contained in this message, the content set
forth herein are not legally binding.
IRS Circular 230 Disclosure:
Amegy Bank N.A. and its affiliates do not provide tax advice. Accordingly,
any discussion of U.S. federal tax matters contained herein (including any
attachments) is not intended or written to be used, and cannot be used,
for the purpose of (i) avoiding penalties under the Internal Revenue Code
or (ii) promoting, marketing or recommending to another party any
transaction or tax-related matter[s].
2
CITY OF LA PORTE TEXAS
QUOTATION FORM
TO BE COMPLETED BY THE FINANCIAL INSTITUTION
General ACH Services
ACH Direct Send monthly Maint 2 10.00 20.00
ACH Transmissions 6 6.00 36.00
ACH Debit OriQinated 948 .08 75.84
ACH Credit Originated 1,430 .08 114.40
ACH Addendum OriQinated 42 .03 1.26
ACH Return or reject dr entry 13 2.00 26.00
ACH Return or reject cr entry 2 2.00 4.00
--
Information Services
BK Transfer - Non Rep 2 3.00 6.00
Balance Transaction Acct 2 10.00 20.00
--
Previous Dav Transactions 867 .10 86.70
Payroll Card Services
PRC-Card Database Maintenance 29 2.50 72.50
Safekeeping
SafekeepinQ-Maint-FRB 2 3.00 6.00
Supplies
LockinQ Deposit Bags At cost
Three-part Carbon less Deposit Tickets At cost
Pricing for additional services and
products - can be found on our
pricing Proforma under Section I-A.
ITEM (B) EARNINGS CREDIT RATE
The Earnings Credit Rate on available account balances for the most recent month:
.50 % basis.
This rate is based on the prevailing rate tied to the 91 day T-Bill.
ITEM (C) SAFEKEEPING CHARGES
Rinehart, Phyllis
From:
Sent:
To:
Subject:
Masterson, Jeana
Tuesday, August 31,20108:18 AM
Rinehart, Phyllis
FW: Amegy Bank RFP
From: Bonnie Reed [mailto:Annis.Reed@amegybank.com]
Sent: Monday, August 3D, 2010 8:02 PM
To: Masterson, Jeana
Subject: RE: Amegy Bank RFP
Jeana,
Our apology is extended - please see our responses below in blue.
From: Masterson, Jeana [mailto:MastersonJ@laportetx.gov]
Sent: Monday, August 3D, 2010 3:52 PM
To: Bonnie Reed
Subject: FW: Amegy Bank RFP
Please provide the following information that were not addressed specifically in the RFP.
On page 14, Section II, B. approved collateral is not addressed - Agree. We do have and will continue to have
collateral that is identifiable in meeting the requirement of Texas law for public depositories to cover
102% at all times. Our collateral is in the form of Letters of Credit held by FHLB.
On page 14, Section II, C. adequate size to provide services is not addressed - Agreed. Amegy Bank has the adequate
organization structure, facilities, personnel to provide prompt and efficient service to the City - as we
have done so in the past 5 years.
On pages 14 & 15, Section III, 1, 2, 3 & 4 were not addressed - Agree to all statements being made as to how the
City currently operates their business.
1
On page 15, Section III, A, 1 not addressed - Agree.
On page 17, Section Ill, B, 1 not addressed - Agree.
"Messaging Security" made the following annotations on 08/30/10, 19:02:50
--------------------------------------------------------------------------
CONFIDENTIALITY NOTICE:
The information contained in this ELECTRONIC MAIL transmission is
confidential. It may also be privileged work product or proprietary
information. This information is intended for the exclusive use of the
addressee(s). If you are not the intended recipient, please inform us. Any
unauthor~zed, disclosure, dissemination, distribution [other than to the.
addressee(s)), copying or taking of any action because of this information
is strictly prohibited. As we cannot guarantee the genuineness or
completeness of the information contained in this message, the content set
forth herein are not legally binding.
IRS Circular 230 Disclosure:
Amegy Bank N.A. and its affiliates do not provide tax advice. Accordingly,
any discussion of U.S. federal tax matters contained herein (including any
attachments) is not intended or written to be used, and cannot be used,
for the purpose of (i) avoiding penalties under the Internal Revenue Code
or (ii) promoting, marketing or recommending to another party any
transaction or tax-related matter[s}.
2
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Bidder's List
Sealed RFP #10508 Banking Services
Chase Bank
707 Travis, 9th FI. North(TX2-N026)
Houston, TX 77002
Amegy Bank
1401 Fairmont Pkwy
La Porte, TX 77571
Wells Fargo
14200 Gulf Freeway, 1st Floor
Houston, TX 77034
Frost Bank
1200 Smith St Suite 1025
Houston, TX 77002
Amegy Bank
4400 Post Oak Pkwy
Houston, TX 77027
Bank of America
700 Louisiana St
Houston, TX 77002-2700
Source Management
509 Olivia Way
Onvia, WA 98101
Bayshore Sun Published Dates:
July 23, 2010
August 4, 2010
Mastercard Worldwide
1401 I Street, NW Suite 210
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PO Box 11008
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BBV A Com pass
24 Greenway Plaza Suite 1601
Houston, TX 77046
Wells Fargo Bank, N.A.
98 San Jacinto Blvd, Ste #850
Austin, TX 78701
Metavante
1 Burton Hills Blvd., Suite 300
Nashville, TN 37215
Stanton Associates
91 Beal Rd
Bedford, NH 03110
SPI
901 S Mopac Expressway
Austin, TX 78749
7
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 25, 2010
Bud2et
Requested By: D. Wilmore
Source of Funds:
Department: Planning
Account Number:
Report: X Resolution:
Ordinance:
X
Amount Budgeted:
Exhibits:
Recommendation Memo from Board
Amount Requested:
Exhibits: Code Review Comments
Budgeted Item: YES
NO
Exhibits
Ordinance with Strikethrou2hs & hil!hlil!hts
Exhibits:
Ordinance
SUMMARY & RECOMMENDATION
Staff reviewed the 2009 Code Editions (Residential, Building, Plumbing, Fuel Gas, Energy Conservation and
Mechanical Code). New code books, existing local amendments and typed comments on the codes were provided to
the Building Codes Appeals Board. The codes were subsequently reviewed and discussed by the Board.
At their August 17,2010 meeting, the Board voted to recommend adoption of the 2009 Code Editions with local
amendments as noted in the report. Attached is the Board recommendation memo and typed comments.
On September 27, 2010 Council held a workshop on the Board recommendation and code amendments. At that
meeting, staff was directed to move forward with a code adoption ordinance.
At their October II, 2010 meeting, Council denied the proposed ordinance that would have adopted the 2009
International Code editions. Staff was then directed to return with an ordinance that includes adoption of the
Uniform Plumbing and Mechanical Codes.
Since staff did not have copies of the Uniform Plumbing or Mechanical Code books, no review has been done by
staff or by the Building Codes Appeals Board. The new code adoption ordinance has been drafted to adopt the 2009
Edition of the International Codes (Residential, Building and Energy Conservation) with local amendments and
adopt the 2009 Edition of the Uniform Codes (Plumbing and Mechanical) with no local amendments.
In accordance with past practices, the ordinance was developed with a delayed implementation period to allow for
mail notification to contractors as well as updating of divisional handouts and the website. The ordinance has an
effective date of January 1,2011.
her action on the ordinance adopting the 2009 Code Editions with local amendments
I~ Iv ~D
Date
Memo
To: Honorable Mayor and City Council
From: Torn Campbell, Chairman of the Building Codes Appeal Board
CC: Building Codes Appeals Board Members; Debbie S. Wilmore, Chief
Building Official; Tim Tietjens, Director of Planning; Ron Bottoms,
City Manager
Date: 10/18/2010
Re: Building Codes Adoption with Local Amendments
As in past practices, staff reviewed the 2009 Code Editions (Residential, Building,
Plumbing, Fuel Gas, Energy Conservation and Mechanical Code). Staffs typed
comments were subsequently reviewed and discussed by the Board.
At our August 17, 2010 meeting, the Board voted to recommend adoption of the
2009 Code Editions with local amendments as attached to this report.
The Board recommends Council support the adoption of the 2009 Edition of the
construction codes with local amendments as outlined in this documentation. We
recommend a minimum 60-day implementation date to allow mail notification to
contractors as well as updating of plan review, divisional handouts and the website.
Thank you.
REVIEWCOMMENTS. 2009 ED. Of INTERNATIONAL CODES
The following review comments do not include all ofthe city's local amendments. If an existing
amendment was not affected by the respective code book, it was not referenced for review.
Note: The National Electrical Code (NEC) is not part of this review. Its adoption is under Sect.
#82-336 and code editions are reviewed separately.
For your convenience, amendments that have a proposed change are highlighted in yellow.
Residential Code Amendments.
Section R105.2 Work Exemptfrom Permit. Deletion of Building Permit Exemption #10 (decks).
Requires permitfor deck due to zoning placement criteria.
Table R30 1.2(1) Climatic and Geographic Design Criteria. Establishment of criteria in
accordance with table shown.
WIND DESIGN SUBJECT TO DAMAGE FROM WINTE
SEISMIC Frost R
GROUND DESIGN Line DESIGN ICE BARRIER FLOOD AIR MEAN
SNOW Speed "d" Topographic CATEGORY Weathering Depth Termite TEMP UNDERLAYMENT HAZARDS FREEZING ANNUAL
LOAD (mph) effects "k" "f' "a" "b" "c" "e" REQUIRED "h" "g" INDEX"/" TEMP"i"
4-9-87
11-6-96 1500 or
0 120 No A N 12" VH 32' No 6-18-07 less 67'
Section R301.2.1.2 Protection of Openings. Section requires window and garage door glazed
opening protection for windborne debris. Require installation of garage doors that
meet 120 mph windspeed to be requiredfor new construction onlv.
Section R313 Automatic Fire Sprinkler Systems. Deletion of entire section (Sections R313.1
thru R313.2.1). Deletion in accordance with S.B. 1410, Sect. 12 which prohibits a
municipality from enacting an ordinance requiring the installation in a new or existing 1 & 2
family dwelling.
Appendix G, Swimming Pools, Spas, and Hot Tubs provisions are hereby adopted as part ofthis
code edition adoption. Appendix was not adopted with previous code edition, this
amendment is required to adopt at this time.
Code Comments Con't....
Page 2
Building Code Amendments.
Section 101.4.1 Electrical. The provisions of the National Electrical Code along with local
electrical amendments shall apply to the installation of electrical systems, including alterations,
repairs, replacement, equipment, appliances fixtures, fittings and appurtenances thereto.
Delete - This code section number is no longer titled electrical. The existing amendment
needs to be deleted since the electrical comments were deleted and section number was re-
used.
Section 101.4.4 Property Maintenance. Delete.
number. Previous code edition Sect. was 101.4.5.
Amendment
of section
Section 113 Board of Appeals. Deletion of entire section (Sections 113.1 thru 113.3).
Amendment of section numbers. Previous code edition Sect. was 112 and J12.1 thru 112.3.
Section 419 Live/Work Units. Deletion of entire section (Sections 419.1 thru 419.8).
Delete - This new code section would conflict with zoning regulation regarding home
occupations.
Section 1507.8 Wood Shingles. The use of wood shingles is prohibited. All sections and tables
(Sections 1507.8.1 thru 1507.8.8) are deleted. Amendment of section number.
Previous code edition Sect. was 1507.8.7.
Section 1507.9 Wood Shakes. The use of wood shakes is prohibited. All sections and tables
(Section 1507.9.1 thru 1507.9.9) are deleted. Amendment of section number.
Previous code edition Sect. was 1507.9.8.
Energy Conservation Code Amendments.
Section 104.1 General. Construction or work for which a permit is required shall be subject to
all required inspections. Inspections shall be performed by a certified and/or licensed party (i.e.
3rd Party). The building shall have a final inspection and not be occupied until approved.
Amendment of section number. Previous code edition Sect. was 105.1. Also, sentence was
added to provide clarification about occupancy.
2
Code Comments Con't....
Page 3
Section 104.3 Certification. Plan/Permit submittals to the City shall include all necessary energy
certification documents. Certification documents shall be completed by an approved agency or
individual. Delete - previous code edition section reference was
incorporated into another area.
Sections 104.2 thru 104.8.1. - Sections are deleted in their entirety."
Amendment of section number. Previous code Sect. was 105.2 thru 105.4.
3
ORDINANCE NO. 2010-
AN ORDINANCE ADOPTING NEW BUILDING CODES (INTERNA TIONAL CODE
COUNCIL) BY AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE BY AMENDING CHAPTER 82, "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE II "BUILDING CODES," SECTION 82-31 "ADOPTION" AND
SECTIONS 82-32 "RESIDENTIAL CODE AMENDMENTS" AND 82-33 "BUILDING CODE
AMENDMENTS"; ARTICLE III "PLUMBING CODE" SECTION 82-66 "ADOPTION", AND
SECTION 82 67 "AMENDMENTS"; ARTICLE V "FUEL GAS CODE", SECTION 82 381
"ADOPTION" AND SECTION 82 382 "AMENDMENTS"; ARTICLE VI "ENERGY
CONSERVATION CODE", SECTION 82-412 "ADOPTION" AND SECTION 82-413
"AMENDMENTS"; ARTICLE VII "MECHANICAL CODE", SECTION 82-441
"ADOPTION", "^~ND SECTION 82 112 "AMENDMENTS"; PROVIDING A REPEALING
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO
THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 82, "Buildings and Building Regulations," Article II, "Building
Code," Section 82-31 "Adoption," and Sections 82-32 and 82-33 "Amendments," of the Code of
Ordinances, La Porte, Texas, are hereby amended to read as follows:
"Sec. 82-31. Adoption.
(a) Except as provided in this division, the International Residential Code and the
International Building Code, 2009 editions, published by the International Code Council,
is adopted and incorporated as fully as if set forth at length in this section and the
provisions therein shall be controlling in the design, construction, quality of materials,
erection, installation, alteration, repair, location, relocation, replacement, addition to, use
and maintenance of buildings and structures within the city limits. One copy of the
building codes is on file in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A ofthe City's Code of Ordinances.
Ordinance # 2010 -
Page 2
Sec. 82-32. Residential Code Amendments.
The residential building code adopted in Section 82-31 of this Article shall be amended to read
as follows:
Section RIO 1.1 Title. These provisions shall be known as the Residential Code for One-and
Two-Family Dwellings of the City of La Porte, and shall be cited as such and will be referred to
herein as "this code".
Section R103.1 Creation of Enforcement Agency. The Inspection Services Division, of the
City's Planning Department, shall enforce the building and construction codes of the city. The
Chief Building Official shall be known as the code official.
Section R103.2 Appointment. Delete.
Section Rl03.3 Deputies. Delete.
Section Rl05.2 Work Exempt from Permit. Deletion of Building Permit Exemptions # 1
(accessory structures), #2 (fences), #3 (retaining walls), #5 (sidewalks/driveways) and #10
(decks).
Section Rl12 Board of Appeals. Deletion of entire section (Sections Rl12.1 thru Rl12A)
Section R202 Definitions. Accessory Structure/Building means a detached, subordinate
structure/building, the use of which is clearly incidental and related to that of the principal
structure/building or use of the land, and which is located on the same lots as that of the principal
structure/building or use.
Table R301.2(1) Climatic and Geographic Design Criteria.
accordance with table shown.
Establishment of criteria III
WIND DESIGN SUBJECT TO DAMAGE FROM
WINTE
SEISMIC Frost R
GROUND DESIGN Line DESIGN ICE BARRIER FLOOD AIR MEAN
SNOW Speed "d" Topographic CATEGORY Weathering Depth Termite TEMP UNDERLAYMENT HAZARDS FREEZING ANNUAL
LOAD (mph) effects "k" "f' "a" "b" "e" "e" REQUIRED "h" "g" INDEX"/" TEMP T
4-9-87
11-6-96 1 500 or
0 120 No A N 12" VH 32' No 6-18-07 less 6T
Section R301.2.1.2 Protection of Openings. Windows in new buildings located in windborne
debris regions shall have glazed openings protected from windborne debris. Glazed opening
protection for windborne debris shall meet the requirements of the Large Missile Test of ASTM
E 1996 and ASTM E 1886 referenced therein. Garage door glazed opening protection for new
buildings shall meet the requirements of an approved impact resisting standard or
ANSI/DASMA 115.
2
Ordinance # 2010 -
Page 3
Section R313 Automatic Fire Sprinkler Systems. Deletion of entire section (Sections R313.1
thru R313.2.1).
Section R902.2 Fire-Retardant- Treated Shingles and Shakes. Deleted.
Section R905.7 Wood Shingles. The use of wood shingles is prohibited. All sections and tables
(Sections R905.7.1 thru R905.7.7) are deleted.
Section R905.8 Wood Shakes. The use of wood shakes is prohibited. All sections and tables
(Sections R905.8.1 thru R905.8.9) are deleted.
Part VIII, Electrical Chapters 34 - 42 (E3401 thru E4209) are deleted in their entirety.
Appendix G, Swimming Pools, Spas, and Hot Tubs provisions are hereby adopted as part of this
code edition adoption.
Sec. 82-33. Building Code Amendments.
The building code adopted in Section 82-31 of this Article shall be amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Building Code of the City of La
Porte, hereinafter referred to as "this code".
Section 101.4.4 Property Maintenance. Delete.
Section 103.1 Creation of Enforcement Agency. The Inspection Services Division, of the City's
Planning Department, shall enforce the building and construction codes of the city. The Chief
Building Official shall be known as the code official.
Section 103.2 Appointment. Delete.
Section 103.3 Deputies. Delete.
Section 105.1.1 Annual Permit. Delete.
Section 105.1.2 Annual Permit Records. Delete.
Section 105.2 Work Exempt from Permit. Deletion of Building Permit Exemptions # 1
(accessory structures), #2 (fences), #4 (retaining walls), #5 (water tanks) and #6
(sidewalks/ dri veways).
Section 113 Board of Appeals. Deletion of entire section (Sections 113.1 thru 113.3).
3
Ordinance # 20 10 -
Page 4
Section 419 Live/Work Units. Deletion of entire section (Sections 419.1 thru 419.8).
Chapter 11 Accessibility. Chapter (Sections 1101 thru 1110) is deleted in its entirety.
Section 1507.8 Wood Shingles. The use of wood shingles is prohibited. All sections and tables
(Sections 1507.8.1 thru 1507.8.8) are deleted.
Section 1507.9 Wood Shakes. The use of wood shakes is prohibited. All sections and tables
(Section 1507.9.1 thru 1507.9.9) are deleted.
Chapter 16, Figure 1609 Basic Wind Speed (3-Second Gust). Basic wind speed for the city shall
be 120 mph.
Chapter 27 Electrical. Chapter (Sections 2701 thru 2702) is deleted in its entirety."
Section 2: That Chapter 82, "Buildings and Building Regulations," Article III, "Plumbing
Code," Section 82-66 "Adoption," and Section 82 67 "Amendments," of the Code of
Ordinances, La Porte, Texas, are hereby amended to read as follows:
"Sec. 82-66. Adoption.
(a) Except as provided in this article, the International Uniform Plumbing Code, 2009
edition, published by the International Code Council Association of Plumbing and
Mechanical Officials, as amended in Section 82 67 of this .l^..rticle or addressed by the
plumbing regulations of the International Residential Code, 2009 edition, as adopted by
Section 82-31 of this Chapter, is adopted and incorporated as fully as if set forth at length
in this section and the provisions therein shall be controlling in the design, construction,
quality of materials, erection, installation, alteration, repair, location, relocation,
replacement, addition to, use and maintenance of buildings and structures within the city
limits. One copy of the building codes is on file in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances.
4
Page 5
Ordinance # 2010 -
See. 82 67. }'1mendments.
The plumbing code adopted in Section 82 66 of this j\ltic1e shall be amended to read as follows:
Section 101.1 Title. These regulations shall be knovlll as the International Plumbing Code of the
City of La Porte, hereinafter referred to as "this code".
:::: ;::~.l ~~'::" The In'reotion Servioes Division, of the Citis PIll11Bi~ :':;:~rl::,::;
:B e th bmg code(s) of the CIty. The ChIef Emldmg Offic1Ul shall be lffi:w,'m as the
code official.
Scction 103.2 Appointment. Delete.
Section 103.3 Deputies. Delete.
~\:,-l~:;: g:;. ~i =~:,,:hull not be issued until fue fees, in acoordanoe wi~ ~~~
et ~;e C:I:Y- s +-~~:e -tt:t ~r-...ces, have been pmd. An amendment to ~ ~:~llt shall neW3e
rele s-ed nti! the lddition~ f;;, if any, due to an increase of the plumbing system, has been paid.
Section 106.6.2 Fcc Schedule. Delete.
:= ~~:~3 ;;: =~:::' No 2 (Pormit Feo) Not.more than fifty reroenl .~~;:::~ ~.~,~
ti a d v ,E has been done under a permIt Issued m accordance v,'lth thIS coae.
Section 106.6.3 Fcc Refunds, No.3 (Plan Revievl) is deleted.
Section 109 },feans of Appeal. Deletion of entire section (Sections 109.1 thru 109.7).
=" ~~~' .;::' ~O~' Minimum Number of Required Plumbing Fixtures The ~~~:
t met r erenced m the IPC, Table 103.1 and IEC, [P] Table 2902.1 arc hereby
amended as follo'ws:
~~~;:~;~~t~~y~~n~u:tr~~ and Mercantile Classifica:tions: . .
2 j a oyer No change, reqmrements shall be m accordance WIth table
and code requirements.
Occupancy load of (1) to (25)
{if!) Ins~al~ water fou~tain~s) as req~ired by table and cod: requirem~nts; or
f#~j B-aikling ~1aE:- Identlfies a kItcheIb/break room WIth a refngerator and plans identify
permanent use of bottled '.vater for the facility; or
(#3) B:iidi~g plan identifies permanent use of a portable water cooler for the facility.
NOTE: For issuance of a Certificate of Occupancy, Options #2 or #3 must be in place for the
building final inspection."
5
Page 6
<<
"
,
"
,
Ordinance # ~
"
,
"
~
efficiah
6
----
Ordinance #2010-
Page 7
Section 106.6.3 Fcc Re/Hnds, No.2 (Permit Fee) Not more than fifty percent (50%) of the
permit fee paid when no \vork has been done under a permit issued in accordance with this code.
Section 106.6.3 Fcc RefHnds, No.3 (Plan Revie\v) is deleted.
Section 109 A/eans a/Appeal. Deletion of entire section (Sections 109.1 thru 109.7)."
Section 3: That Chapter 82, "Buildings and Building Regulations," Article VI, "Energy
Conservation Code," Division 2 "Standards", Section 82-412 "Adoption," and Section 82-413
"Amendments," of the Code of Ordinances, La Porte, Texas, are hereby amended to read as
follows:
"Sec. 82-412. Adoption.
(a) Except as provided in this article, the International Energy Conservation Code, 2009
edition, published by the International Code Council, as amended in Section 82-413 of
this Article or addressed by the energy efficiency regulations of the International
Residential Code, 2009 edition, as adopted by Section 82-31 of this Chapter, is adopted
and incorporated as fully as if set forth at length in this section and the provisions therein
shall be controlling in the design, construction, quality of materials, erection, installation,
alteration, repair, location, relocation, replacement, addition to, use and maintenance of
buildings and structures within the city limits. One copy of the building codes is on file
in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in Appendix B.
Sec. 82-413. Amendments.
The energy conservation code adopted in Section 82-412 of this Article shall be amended to read
as follows:
Section 101.1 Title. This code shall be known as the International Energy Conservation Code of
the City of La Porte, and shall be cited as such. It is referred to herein as "this code".
7
Ordinance # 20 10 -
Page 8
Section 104.1 General. Construction or work for which a permit is required shall be subject to
all required inspections. Inspections shall be performed by a certified and/or licensed party (i.e.
3rd Party). The building shall have a final inspection and not be occupied until approved.
Sections 104.2 thru 104.8.1. - Sections are deleted in their entirety."
Section 4: That Chapter 82, "Buildings and Building Regulations," Aliicle VII, "Mechanical
Code," Section 82-441 "Adoption," and Section 82 112 "i\mendments," of the Code of
Ordinances, La Porte, Texas, are hereby amended to read as follows:
"Sec. 82-441. Adoption.
(a) Except as provided in this article, the International Uniform Mechanical Code, 2009
edition, published by the International Code Council Association of Plumbing and
Mechanical Officials, as amended in Section 82 112 of this A.rticle or addressed by the
plumbing regulations of the International Residential Code, 2009 edition, as adopted by
Section 82-31 of this Chapter, is adopted and incorporated as fully as if set forth at length
in this section and the provisions therein shall be controlling in the design, construction,
quality of materials, erection, installation, alteration, repair, location, relocation,
replacement, addition to, use and maintenance of buildings and structures within the city
limits. One copy of the building codes is on file in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances.
See. 82 442. },.meBdmeBts.
The mechanical code adopted in Section 82 111 of this f~rticle shall be amended as follo'7/s:
Section 101.1 Titlc. These regulations shall be known as the Mechanical Code of the City of La
Porte, hereinafter referred to as "this code".
Section 103.1 Gcncral. The City's Inspection Services Division shall serve as the Department of
Inspection. The Chief Building Official thereof shall be known as the code official.
8
Ordinance # 2010 -
Page 9
Section 103.2 Appointment. Delete.
Section 103.3 Deputies. Delete.
Section 106.5.3 Fcc Refunds, No.2 (Permit Fee) Not more than fifty percent (50%) of the
permit fee paid when no '.vork has been done under a permit issued in accordance with this code.
Section 106.5.3 Fcc Refunds, No.3 (Plan Revie'vY) is deleted.
Section 109 }.1eans o.fAppeal. Deletion of entire section (Sections 109.1 thru 109.7)."
Section 5: 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 other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 6: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 7. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall
be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00).
Section 8. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
9
Ordinance # 2010 -
Page 10
Section 9. This Ordinance shall be effective on January 01, 2011. The City Secretary shall give
notice of the passage of this ordinance by causing the caption hereof to be published in the
official newspaper of the City of La Porte at least once within ten (10) days after the passage of
this ordinance.
PASSED AND APPROVED this the
day of
,2010.
CITY OF LA PORTE
By:
Louis R. Rigby, Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
10
ORDINANCE NO. 2010 - 32 Cf3
AN ORDINANCE ADOPTING NEW BUILDING CODES (INTERNATIONAL CODE
COUNCIL) BY AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE BY AMENDING CHAPTER 82, "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE II "BUILDING CODES," SECTION 82-31 "ADOPTION" AND
SECTIONS 82-32 "RESIDENTIAL CODE AMENDMENTS" AND 82-33 "BUILDING CODE
AMENDMENTS"; ARTICLE III "PLUMBING CODE" SECTION 82-66 "ADOPTION",
ARTICLE VI "ENERGY CONSERVATION CODE", SECTION 82-412 "ADOPTION" AND
SECTION 82-413 "AMENDMENTS"; ARTICLE VII "MECHANICAL CODE", SECTION 82-
441 "ADOPTION", PROVIDING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL
BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN
EFFECTNE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 82, "Buildings and Building Regulations," Article II, "Building
Code," Section 82-31 "Adoption," and Sections 82-32 and 82-33 "Amendments," of the Code of
Ordinances, La Porte, Texas, are hereby amended to read as follows:
"Sec. 82-31. Adoption.
(a) Except as provided in this division, the International Residential Code and the
International Building Code, 2009 editions, published by the International Code Council,
is adopted and incorporated as fully as if set forth at length in this section and the
provisions therein shall be controlling in the design, construction, quality of materials,
erection, installation, alteration, repair, location, relocation, replacement, addition to, use
and maintenance of buildings and structures within the city limits. One copy of the
building codes is on file in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances.
Ordinance # 2010 - ~ q ~
Page 2
Sec. 82-32. Residential Code Amendments.
The residential building code adopted in Section 82-31 of this Article shall be amended to read
as follows:
Section R101.1 Title. These provisions shall be known as the Residential Code for One-and
Two-Family Dwellings of the City of La Porte, and shall be cited as such and will be referred to
herein as "this code".
Section R103.1 Creation of Enforcement Agency. The Inspection Services Division, of the
City's Planning Department, shall enforce the building and construction codes of the city. The
Chief Building Official shall be known as the code official.
Section R103.2 Appointment. Delete.
Section R103.3 Deputies. Delete.
Section R105.2 Work Exempt from Permit. Deletion of Building Permit Exemptions # 1
(accessory structures), #2 (fences), #3 (retaining walls), #5 (sidewalks/driveways) and #10
(decks).
Section Rl12 Board of Appeals. Deletion of entire section (Sections Rl12.1 thru Rl12A)
Section R202 Definitions. Accessory Structure/Building means a detached, subordinate
structure/bui1ding, the use of which is clearly incidental and related to that of the principal
structure/bui1ding or use of the land, and which is located on the same lots as that of the principal
structure/bui1ding or use.
Table R301.2(1) Climatic and Geographic Design Criteria.
accordance with table shown.
Establishment of criteria III
WIND DESIGN SUBJECT TO DAMAGE FROM
WINTE
SEISMIC Frost R
GROUND DESIGN Line DESIGN ICE BARRIER FLOOD AIR MEAN
SNOW Speed "d" Topographic CATEGORY Weathering Depth Termite TEMP UNDERLAYMENT HAZARDS FREEZING ANNUAL
LOAD (mph) effects "k" "f' "a" "b" "e" "e" REQUIRED "h" "g" INDEX "I" TEMP '1"
4-9-87
11-6-96 1500 or
0 120 No A N 12" VH 32' No 6-18-07 less 61'
Section R301.2.1.2 Protection of Openings. Windows in new buildings located in windbome
debris regions shall have glazed openings protected from windbome debris. Glazed opening
protection for windbome debris shall meet the requirements of the Large Missile Test of ASTM
E 1996 and ASTM E 1886 referenced therein. Garage door glazed opening protection for new
buildings shall meet the requirements of an approved impact resisting standard or
ANSI/DASMA 115.
2
Ordinance # 2010 - ~ if 3
Page 3
Section R313 Automatic Fire Sprinkler Systems. Deletion of entire section (Sections R313.1
thru R313.2.1).
Section R902.2 Fire-Retardant- Treated Shingles and Shakes. Deleted.
Section R905.7 Wood Shingles. The use of wood shingles is prohibited. All sections and tables
(Sections R905. 7.1 thru R905. 7.7) are deleted.
Section R905.8 Wood Shakes. The use of wood shakes is prohibited. All sections and tables
(Sections R905.8.1 thru R905.8.9) are deleted.
Part VIII, Electrical Chapters 34 - 42 (E340 1 thru E4209) are deleted in their entirety.
Appendix G, Swimming Pools, Spas, and Hot Tubs provisions are hereby adopted as part of this
code edition adoption.
Sec. 82-33. Building Code Amendments.
The building code adopted in Section 82-31 of this Article shall be amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Building Code of the City of La
Porte, hereinafter referred to as "this code".
Section 101.4.4 Property Maintenance. Delete.
Section 103.1 Creation of Enforcement Agency. The Inspection Services Division, of the City's
Planning Department, shall enforce the building and construction codes of the city. The Chief
Building Official shall be known as the code official.
Section 103.2 Appointment. Delete.
Section 103.3 Deputies. Delete.
Section 105.1.1 Annual Permit. Delete.
Section 105.1.2 Annual Permit Records. Delete.
Section 105.2 Work Exempt from Permit. Deletion of Building Permit Exemptions # 1
(accessory structures), #2 (fences), #4 (retaining walls), #5 (water tanks) and #6
(sidewalks/driveways).
Section 113 Board of Appeals. Deletion of entire section (Sections 113.1 thru 113.3).
3
Ordinance # 2010 - 3:113
Page 4
Section 419 Live/Work Units. Deletion of entire section (Sections 419.1 thru 419.8).
Chapter 11 Accessibility. Chapter (Sections 1101 thru 1110) is deleted in its entirety.
Section 1507.8 Wood Shingles. The use of wood shingles is prohibited. All sections and tables
(Sections 1507.8.1 thru 1507.8.8) are deleted.
Section 1507.9 Wood Shakes. The use of wood shakes is prohibited. All sections and tables
(Section 1507.9.1 thru 1507.9.9) are deleted.
Chapter 16, Figure 1609 Basic Wind Speed (3-Second Gust). Basic wind speed for the city shall
be 120 mph.
Chapter 27 Electrical. Chapter (Sections 2701 thru 2702) is deleted in its entirety."
Section 2: That Chapter 82, "Buildings and Building Regulations," Article III, "Plumbing
Code," Section 82-66 "Adoption," of the Code of Ordinances, La Porte, Texas, are hereby
amended to read as follows:
"Sec. 82-66. Adoption.
(a) Except as provided in this article, the Uniform Plumbing Code, 2009 edition, published
by the International Association of Plumbing and Mechanical Officials, as addressed by
the plumbing regulations of the International Residential Code, 2009 edition, as adopted
by Section 82-31 of this Chapter, is adopted and incorporated as fully as if set forth at
length in this section and the provisions therein shall be controlling in the design,
construction, quality of materials, erection, installation, alteration, repair, location,
relocation, replacement, addition to, use and maintenance of buildings and structures
within the city limits. One copy of the building codes is on file in the office of the city
secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances.
4
Ordinance # 2010 - 3.;2.-'13
Page 5
Section 3: That Chapter 82, "Buildings and Building Regulations," Article VI, "Energy
Conservation Code," Division 2 "Standards", Section 82-412 "Adoption," and Section 82-413
"Amendments," of the Code of Ordinances, La Porte, Texas, are hereby amended to read as
follows:
"Sec. 82-412. Adoption.
(a) Except as provided in this article, the International Energy Conservation Code, 2009
edition, published by the International Code Council, as amended in Section 82-413 of
this Article or addressed by the energy efficiency regulations of the International
Residential Code, 2009 edition, as adopted by Section 82-31 of this Chapter, is adopted
and incorporated as fully as if set forth at length in this section and the provisions therein
shall be controlling in the design, construction, quality of materials, erection, installation,
alteration, repair, location, relocation, replacement, addition to, use and maintenance of
buildings and structures within the city limits. One copy of the building codes is on file
in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in Appendix B.
Sec. 82-413. Amendments.
The energy conservation code adopted in Section 82-412 of this Article shall be amended to read
as follows:
Section 101.1 Title. This code shall be known as the International Energy Conservation Code of
the City of La Porte, and shall be cited as such. It is referred to herein as "this code".
Section 104.1 General. Construction or work for which a permit is required shall be subject to
all required inspections. Inspections shall be performed by a certified and/or licensed party (i.e.
3rd Party). The building shall have a final inspection and not be occupied until approved.
Sections 104.2 thru 104.8.1. - Sections are deleted in their entirety."
5
Ordinance # 2010 - 3~ 3>
Page 6
Section 4: That Chapter 82, "Buildings and Building Regulations," Article VII, "Mechanical
Code," Section 82-441 "Adoption," of the Code of Ordinances, La Porte, Texas, are hereby
amended to read as follows:
"Sec. 82-441. Adoption.
(a) Except as provided in this article, the Uniform Mechanical Code, 2009 edition, published
by the International Association of Plumbing and Mechanical Officials, as addressed by
the plumbing regulations of the International Residential Code, 2009 edition, as adopted
by Section 82-31 of this Chapter, is adopted and incorporated as fully as if set forth at
length in this section and the provisions therein shall be controlling in the design,
construction, quality of materials, erection, installation, alteration, repair, location,
relocation, replacement, addition to, use and maintenance of buildings and structures
within the city limits. One copy of the building codes is on file in the office of the city
secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances.
Section 5: 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 other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 6: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
6
Ordinance # 2010 - ~ ~
Page 7
Section 7. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall
be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00).
Section 8. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 9. This Ordinance shall be effective on January 01, 2011. The City Secretary shall give
notice of the passage of this ordinance by causing the caption hereof to be published in the
official newspaper of the City of La Porte at least once within ten (10) days after the passage of
this ordinance.
PASSED AND APPROVED this th~ay of Mpgr
,2010.
By:
ATTEST:
~&lh~ /1'$/
City Secretary
APPROVED:
-fd.,<A T ~-VJ
AssIstant City Attorney
7
10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 10-25-10 Bude:et
Requested By: Kenith Arlcox Source of Funds: Budget
Report: Resolution:
Ordinance:
x
Account Number: 00152525211010
00152525211060
00152525211065
Department: PQlke
Amount Budgeted: $5180, $396, $855
Exhibits: Amended Ordinance 1285-R
Amount Requested: $fiJ<1l1 00
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
As previously approved in the FY 2010-2011 Budget, the Police Department will be up-grading its existing Internal
Affairs/ Public Information Officer slot from that of a patrol officer to a sergeant. This change requires that an
amendment be made to Civil Service Ordinance No. 1285-R, by deleting one authorized patrol office position, and
adding one authorized sergeant position. The position will be filled following the Police Department's scheduled
November 4th promotional examination.
one authorized patrol officer position and adding one authorized
If> 4t/to
Date
ORDINANCE NO. 32 q 4
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
10
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~~DAY OF ~r
CITY OF LA PORTE
,2010.
By:
ATTEST:
By:J4d/~~
MA THA GILLE T,
City Secretary
APPROVED:
By~#(r~
CIf RK 1. ASKINS
Assistant City Attorney
11
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 25, 2010
Appropriation
Requested By: Ron Bottoms
Source of Funds:
Department: Administration
Account Number:
Report: _Resolution: _Ordinance: ~
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
Exhibits:
Bude:eted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
On July 26, 2010, the City Council adopted Ordinance 3266 suspending the effective date of
CenterPoint Energy's new rates until November 2, 2010 and agreed to participate with the
Houston Coalition of Cities opposing the rate increase.
On September 10, 2010 the Houston Coalition filed the testimony of seven utility rate experts
challenging CenterPoint Energy's proposed increase. Rebuttal testimony was filed on
September 24th. The process is ongoing with an expected hearing before the Public Utilities
Commission sometime in December or January.
The Houston Coalition is recommending that member cities adopt the attached ordinance
denying CenterPoint's proposed rate increase and maintaining the existing rates in effect for
customers within our city until the proceedings have been concluded. This Ordinance must be
passed on or before November 2, 2010, in order to replace Ordinance 3266 and avoid CenterPoint
Energy's rate increase.
Action Required bv Council:
Co .der approving an ordinance denying CenterPoint Energy's proposed rate increase.
Ron Bottoms, City Manager
Ii> k {o
Date
City of La Porte, Texas, Ordinance No. 32 q5
AN ORDINANCE RELATING TO THE RETAIL ELECTRIC RATES OF
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC WITHIN THE CITY OF
LA PORTE, TEXAS; DENYING A RATE INCREASE AND MAINTAINING IN
EFFECT THE CURRENT RATES THAT SHALL CONSTITUTE THE
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC RATES TO BE
OBSERVED WITHIN THE CITY OF LA PORTE, TEXAS UNTIL CHANGED
UNDER THE UTILITIES CODE; MAKING FINDINGS AND CONTAINING OTHER
PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
*
*
*
*
*
WHEREAS, on June 30, 2010, Centerpoint Energy Houston Electric, LLC
("CenterPoint Electric") filed a Statement of Intent and Application for Authority to Change
Rates ("New Rates") within the City of La POlie, Texas ("City") seeking electric rate increases
totaling $94 million per year; and
WHEREAS, on July 26, 2010, the City of La Porte (City) as local regulatory
authority, adopted City of La Porte, Texas Ordinance No. 3266 suspending the effective
date of the New Rates until November 2, 2010 (Suspension Period) and maintaining the
rates in effect on June 30, 2010 (Current Rates) until the earlier of the expiration of the
Suspension Period or the adoption of a replacement rate ordinance; and
WHEREAS, during the Suspension period, in order to gather information through
the discovery process, the City participated through the Houston Coalition of Cities
(Coalition) with other cities in proceedings at the Public Utility Commission (PUC) related
to or affecting CenterPoint Electric's rates within the City; and
WHEREAS, based on the City's investigation and analysis through the Coalition's
utility attorneys and rate experts, the City developed recommendations regarding the New
- 1 -
Rates; and
WHEREAS, on October 11, 2010, the City's recommendations were presented to
City Council; and
WHEREAS, the rate analysis and recommendations, as presented at the October 11,
2010, Council Meeting, conclude that CenterPoint Electric has not demonstrated that New Rates
are just and reasonable, non~discriminatory and in compliance with all applicable law; and
WHEREAS, City Council anticipates that a denial of the New Rates will be
appealed to the PUC; and
WHEREAS, denial of the New Rates would maintain the Current Rates in effect for
customers within La Porte, Texas until further changed under the Utilities Code; and
WHEREAS, City Council determines that the CenterPoint Electric CUlTent Rates are the
just and reasonable rates to be observed and to remain in force within the City; and
WHEREASt the City Council finds that the public interest will be served by the adoption
of an ordinance denying the New Rates, and maintaining in effect the Current Rates because they
promote the adequate and efficient provision of service, are just and reasonable and
nondiscriminatory and are in compliance with all applicable law;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAPORTE,
TEXAS:
Section 1. That the facts contained in the preamble of this Ordinance are determined to
be hue and correct and are hereby adopted as part of this Ordinance.
Section 2. That the Cunent Rates for CenterPoint Electric customers receiving service
~2-
within the City of La Porte, Texas shall remain in effect until fUlther changed under applicable
law.
Section 3. If any provision, section, subsection, sentence, clause or phrase of this
ordinance, or the application of same to any person or set of circumstances is for any reason held
to be invalid, the validity of the remaining portions of this ordinance 01' their application to other
persons or sets of circumstances shall not be affected thereby, it being the intent of the City
Council in adopting this ordinance that no portion hereof or provision or regulation contained
herein shall become inoperative or fail by reason of any unconstitutionality, voidness 01'
invalidity of any other portion hereof, and all provisions of this ordinance are declared to be
severable for that purpose.
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 fOlmally acted upon. The City Council further ratifies, approves and confirms such written
notice and the contents and posting thereof.
Section 5. There exists a public emergency requiring that this ordinance be passed
finally on the date of its introduction as requested in writing by the Mayor; therefore, this
Ordinance shall be passed finally on that date and shall take effect immediately upon its
passage and approval by the Mayor.
v 3 v
ATTEST:
c-g~ i1tf'~/
City Secretary
APPROVED:
putd
Knox W. Askins
city Attorney
By:
-4-
CONFLICf OF INTEREST AFFIDA vrr
THE STATE OF TEXAS I
COUNTY OF Jf A llRTli; f
1. e.\tU e...1L Euj eut:.e fi,' as a member of the Cny of La Porte ~dt/A/ ell"
, make this affidavit and hereby on oatl1 state the following: I have a
suhl:hmri:al ~e:!o1 in a bt~ e:Dlity or real plu~ly as defined in Olaptcr 171, Texas Local
GovemmcDl Code, and a vote is to be tal:J:n or a decision is to be made 1hat will have a special
~., ,~ effect CIl this ~ entity or real })LOpgly.
'Ibe arvb item on
ph);.!Ity K:
COMPLETE (A) OR (B): (A) The bn~1lP$S entity is ~en..rfloi#.t GP-t'~4 (name); or
(B) The real plu}b1y is located at:
II
, 20 --'fL. affecting this bn~ entity oweet
I have asubstaDtial interest fortbe following reasons: (check all whiCh are applicable)
Owuc:rsbip of 10% or more of the voting -stock or Shares-of the business CIlli1y.
- _()w:nc[sbjp.of10% or more or $15,000 or-JDDI'C ofk fair IIllJrlcct value of the
~cmty
~ Ftmds rccdved from the hn~ entity exceed 10% of gross income for the
prerioos ytU.
_ R.cal ~ is.involvcd ml I have an equitable or legal 0WDCJ:Sbip of the
14~ with a fair mamt value of at least $2.soo.
A rc:JatNe ofmiDe bas. mhshmfUl interest in.1be bas:incss cmity or real
- tuupe4y that would be aQfccted by . rlf"I"irirm of the pobli:: body of which I
am. a IN'mher.
Upon. filing of this affidavit with the City Scctdiuy, I affirm that I will abstain from voting on any
~~ involving this bosincss entity or real p1uvcrtY and from any further participation on this
mattc:c by ni~~ or debate.
Singed this 25 day of
u-fQb.,.... . 2O~.~
LS~~
Signature of .
THE STATE OF TEXAS I
OOUNTY OF HAlUUS I
~ ~- U- -I D on this day pe:monally awemed
~ ~ koown to me to be the person whose name is SDbscrlbed to the
forteoiDI' am ac.tmwJedged 10 me that helshe ~ the same for the ,pu1pu:;t::S and
(;I orl$~~ ation 1bc:n::in -ex:JI~....s.....d..
GiYea UDder my bmf ml seal of office this l. r- day of ~. 2O-.lJ;L.
(SEAL)
- ~ ~ - -
:~
MARTHA GILLETT
My Commission Expires
August 31. 2013
--
-
A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
10-11-10
Budl!et
Requested By: Kpnith Adcox
Source of Funds:
Department: PQlice
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Amount Requested:
Exhibits: Ordinance Showing Requested Changes
Rel!ardinl! Rel!ulation of Sex Offenders
Budgeted Item: YES NO
Ordinance for Approval Rel!ardinl! Rel!ulation
of Sex Offenders
SUMMARY & RECOMMENDATION
Staff is recommending changes to Chapter 42, "Miscellaneous Offenses", of the Code of
Ordinances of the City of La Porte, Article V "Regulation of Sex Offender Residency";
Ordinance Number 2006-2901-B. The changes include:
1. adding three definitions, specifically "minor", "person", and "child safety zone", to
Section 42-103;
2. revising Section 42-104(f), in order to simplify the way distance is measured when
determining prohibited residency areas;
3. including an additional Affirmative Defense provision under Section 42-105;
4. revising Section 42-106; allowing for penalties, related to the violations of sex offender
residency prohibitions, to be assessed daily.
Action Required bv Council: Receive input and direction from Council regarding recommended
changes to existing Ordinance No. 2006-2901-8; Chapter 42, Article V, "Regulation of Sex Offender
Residency" of the Code of Ordinances of the City of La Porte.
10 IJt /10
Date
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 42 "MISCELLANEOUS OFFENSES" OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE V
"REGULATION OF SEX OFFENDER RESIDENCY" , BY ADDING CERTAIN
DEFINITIONSMAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO
RESIDE WITHIN 1000 FEET OF PREMISES WHERE CHILDREN GATHER;
PROVIDING FINDINGS OF FACT AND OTHER MATTERS RELATED THERETO;
PROVIDING AFFIRMATIVE DEFENSES; PROVIDING FOR A PENALTY;
PROVIDING A SEVERABILITY CLAUSE; CONTAINING AN OPEN MEETINGS
CLAUSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF;
WHEREAS, the City of La Porte, Texas (herein, the "City"), being
a home-rule city having authority to utilize police power
regulation for the health, safety and general welfare of the
citizens of the City; and,
WHEREAS, the City Council is deeply concerned about the numerous
and recent occurrences in our state and elsewhere, whereby sex
offenders convicted of sexual offenses involving children, who
have been released from custody and repeat the unlawful acts for
which they had been originally convicted; and,
WHEREAS, the City Council finds from the evidence the recidivism
rate for released sex offenders alarmingly high, especially for
those who commit their crimes against children; and,
WHEREAS, the City is becoming an increasingly attractive place
for families with young children; and,
WHEREAS, the
restrict the
will provide
City; and
Ci ty Council finds
property available
better protection
that establishing a policy to
for residence of sex offenders
for children gathering in the
WHEREAS, Article 42.12(138)
Procedure, provides a 1,000
condi tion of probation for
offenses; and
of the Texas Code of Criminal
foot safety zone for children, as a
those convicted of certain sexual
WHEREAS, the laws of the State of Texas, including those found
in Chapter 51 of the Texas Local Government Code, and the City
Charter provide the City authority to adopt ordinances for the
good government, peace, order, and welfare of the municipality;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS:
Section 1. The foregoing recitals are hereby found to be true
and correct and are hereby adopted by the City Council and made
a part hereof for all purposes as findings of fact.
Section 2. That the Code of
Texas, Chapter 42, Regulation
hereby amended and shall read as
Ordinances, City
of Sex Offender
follows:
of La Porte,
Residency lS
"Article V, REGULATION OF SEX OFFENDER RESIDENCY
Section 42-102.
Finding and Intent.
The City Council finds that repeat sex offenders, sex offenders
that use physical violence and who are convicted of preying on
children are sexual predators who present an extreme threat to
the health, safety, and welfare of children. Sex offenders are
likely to use physical violence, to repeat an offense, have many
more victims than are ever reported, are prosecuted for only a
fraction of their actual sexual offenses, and children not only
lack the ability to protect themselves but additional measures
should be taken to keep known sex offenders from having access
to children in areas where children generally feel safe.
It is the intent of this ordinance to serve the city's
compelling interest to promote, protect and improve the health,
safety and welfare of the citizens of the City by creating areas
around locations where children regularly congregate in
concentrated numbers wherein certain registered sex offenders
and sexual predators are prohibited from establishing temporary
or permanent residency.
Section 42-103. Definitions.
The following
section, shall
section, except
meaning;
words,
have
where
terms, and phrases; when used in this
the meanings ascribed to them in this
the context clearly indicates a different
Chi~d Safety Zone lS a premise where children commonly gather,
including a school, day-care facility, playground, public or
private youth center, public swimming pool, or video arcade
facili ty. A "playground", "premises" , "school" , "video arcade
facility", and "youth center" have the meanings assigned by
Section 481.134 of the Texas Health and Safety Code and as
defined by Article 42.12 Section 13D(a)(2)(d) of the Texas Code
of Criminal Procedure.
M2nor is an individual younger than 17 years of age as defined
by Section 15.031 of the Texas Penal Code.
Permanent residence is a place where a person abides, lodges, or
resides for fourteen (14) or more consecutive days.
Person
entity
Code.
is
as
an individual, firm,
defined by Chapter
corporation, or other business
1.07(a) (38) of the Texas Penal
Temporary Residence is:
a) a place where a person abides, lodges, or resides for
fourteen (14) or more days in the aggregate during any calendar
year and which is not the person's permanent address; or
b) a place where a person routinely abides, resides, or lodges
for a period of 4 or more consecutive days in any month and
which is not the person's permanent residence.
Section 42-104.
and Exceptions.
Sex Offender Residency Prohibition; Penalty;
(a) If a person is required to register on the Department
of Public Safety's Sex Offender Database because of a
violation involving a victim who was less than
seventeen (17) years of age, it is unlawful for that
person to establish a permanent residence or temporary
residence within 1000 feet of any premise where
children commonly gather, including a playground,
school, video arcade facility, public or private youth
center, or public swimming pool, as those terms are
defined in Article 481.134 of the Health and Safety
Code, or a child care facility, as that term is
defined in Section 42.002 of the Texas Human Resources
Code.
(b) It shall be prlma facie evidence that this chapter
applies to such a person if the person's record
appears on the Database and the Database indicates
that the victim was less than seventeen (17) years of
age.
(c) Nothing in this ordinance shall be interpreted to
modify or reduce the State's child safety zone ban.
( d) Neither allegation nor evidence of a culpable mental
state is required for the proof of an offense defined
in this Article.
(e) For the purpose of determining the minimum distance of
separation, the requirement shall be measured by
following a straight line from the outer property line
of the permanent or temporary residence to the nearest
property line of the premises where children commonly
gather, as described herein.
(f) In the case of multiple residences on one property,
measurement is from the nearest property line of the
multi-residence premises following a straight line to
the nearest property line of the premises where
children commonly gather.
(g) A map generally depicting the prohibited areas is
attached to this ordinance for representation
purposes. The City shall review the map at least
annually for changes, and it will be available at the
La Porte Police Department.
Section 42-105. Affirmative Defenses.
It is an affirmative defense to prosecution under this
Article that any of the following conditions apply:
1) The person established the permanent or temporary
residence has complied with all the sex offender
registration laws of the State of Texas, prior to
the date of the adoption of this ordinance.
2) The person established the permanent residence
prior to conviction of an offense requiring sex
offender registration as defined in Chapter 62 of
the Texas Code of Criminal Procedure.
3) The person was a minor when he/she committed the
offense and was not convicted as an adult.
4) The person is a minor.
5) The premises where children commonly gather, as
specified herein, wi thin 1000 feet of the
person's permanent or temporary residence was
opened after the person established the permanent
or temporary residence was opened after the
person established the permanent or temporary
residence and complied with all sex offender
registration laws of the State of Texas.
6) The person proves that the information on the
Database is incorrect and that, if corrected,
this chapter would not apply to the person.
7) The person is under an order of a court of
competent jurisdiction in the State of Texas or
of the Texas Department of Criminal Justice
Parole Board instructing the person to reside at
a location within 1000 feet of any premises where
children commonly gather.
Sec. 42-106. Penalty for violation of this Article.
Any person who violates any provision or requirement hereof and
lS convicted in the municipal court of this city of violating
any provision, restriction, requirement, or prohibition of this
chapter shall be guilty of a misdemeanor and subject to a fine,
in a sum of not more than five hundred dollars ($500.00) for
each violation, as listed in Appendix B of this Code. A
separate offense shall be deemed committed on each day on which
a violation occurs.
Section 3. The City of La Porte hereby encourages each
individual, company, real estate agent, broker, vendor or dealer
selling a home or other dwelling, or individual or entity
renting or leasing an apartment, home, or other dwelling, when
the property that is the subject of the sale or lease is located
within the corporate limits of the City of La Porte, to notify a
perspective purchaser or renter of this ordinance by providing a
wri tten copy of this ordinance or Information Sheet available
from the La Porte Police Department to the purchaser or renter.
Section 4. The City of La Porte hereby encourages each operator
of each child care facility, as that term is defined in Texas
Human Resources Code, Section 42.002, to immediately notify the
City of La Porte at such time as the child care facility should
lose, surrender, or otherwise no longer retain a license from
the Texas Department of Family and Protective Services to
operate within the City of La Porte. Notice shall be provided
to the Office of the City Secretary of the city of La Porte at
604 West Fairmont Parkway, La Porte, Texas 77571, by written
letter transmitted through regular mail.
Section 5. Open Meetings. The City Council officially finds,
determines, recites, and declares that 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
Ci ty 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 ruing which this
ordinance and the subj ect matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 6. Severability. Should any section or part of this
ordinance be held unconstitutional, illegal, or invalid, or the
application to any person or circumstance for any reasons
thereof ineffective or inapplicable, such unconstitutionality,
illegali ty, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining
portions thereof; but as to such remaining portion or portions,
the same shall be and remain in
this end the provisions of this
severable.
full force
ordinance
and effect and to
are declared to be
Section 7. Effective Date. This Ordinance shall be effective
fourteen (14) days after its passage and approval. The City
Secretary shall give notice of the passage of this ordinance by
causing the caption hereof to be published in the official
newspaper of the City of La Porte at least once within ten (10)
days after the passage of this ordinance, in accordance with the
provisions of Chapter 52, Texas Local Government Code, and the
City of La Porte Charter.
PASSED AND APPROVED on the first reading on the
2010.
day of
By:
Louis R. Rigby
Mayor
ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
Clark T. Askins
Assistant City Attorney
B
---->-<.~
-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
10-25-10
Budl!et
Requested By: Kenith Adcox
Source of Funds:
Department: pglice
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Amount Requested:
Exhibits: Ordinance - Amendinl! Chapter 70 "Traffic &
Vehicles" of the Code of Ordinances, Addinl! New
Section 70-183 "Removal of Vehicles or Other
Property from Streets"
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Staff is recommending an amendment to Chapter 70, "Traffic and Vehicles", of the Code of
Ordinances of the City of La Porte, by adding a new Section 70-183 "Removal of Vehicles and
Other Property from Streets," which will authorize the La Porte Police Department to tow private
vehicles under certain conditions, including, but not limited to, when a vehicle is stopped for a
traffic violation and the driver is unable to provide proof of financial responsibility.
Action Required bv Council: Consider recommendations made by staff relating to Chapter 70, Traffic
and Vehicles, of the Code of Ordinances of the City of La Porte. Provide input and guidance to staff.
/b k /10
Date
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 70 "TRAFFIC AND VEHICLES" OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE V.
"STOPPING, STANDING, AND PARKING" TO ADD NEW SECTION 70-183 "REMOVAL
OF VEHICLES OR OTHER PROPERTY FROM STREETS", TO AUTHORIZE THE
REMOVAL OF MOTOR VEHICLES OR OTHER PROPERTY FROM A STREET WHEN
MEETING CRITERIA ESTABLISHED THEREIN; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED
IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of La Porte, Texas (herein, the "City"), being a home-rule city having authority to
utilize police power regulation for the health, safety and general welfare of the citizens of the City; and,
WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas Local
Government Code, and the La Porte City Charter provide the City authority to adopt ordinances for the
good government, peace, order, and welfare of the municipality;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the
City Council and made a part hereof for all purposes as findings of fact.
Section 2. Chapter 70 "Traffic and Vehicles", Article V. "Stopping, Standing, and Parking" of the Code
of Ordinances of the City of La Porte, Texas, is hereby amended by adding new Section 70-183
"Removal of vehicles or other property from streets", which shall read as follows:
"(a) A police officer is authorized to remove or cause the removal of a vehicle or other property
of any description from a street, pursuant to guidelines established under Chapter 78, Article
III, Division 4 of this Code for towing of motor vehicles, when:
(1) the vehicle or property is left unattended upon a bridge or viaduct or in a tunnel or
underpass;
(2) the vehicle is illegally parked so as to block the entrance to any private driveway;
(3) the vehicle is found upon a street and a report has previously been made that the
vehicle has been stolen or a complaint has been filed and a warrant issued charging
that the vehicle has been unlawfully taken from the owner;
(4) the officer has reasonable grounds to believe that the vehicle has been abandoned;
(5) a vehicle upon a street is so disabled that its normal operation is impossible,
impractical, or unsafe and/or the person or persons in charge of the vehicle are
incapacitated by reason of physical injury or other reason to such an extent as to be
unable to provide for its removal or custody, or are not in the immediate vicinity of
the disabled vehicle.
(6) An officer arrests any person driving or in control of a vehicle for an alleged offense
and the officer is by law required to take that person arrested immediately before a
magistrate.
(7) The vehicle is standing, parked, or stopped in any portion of a street, and the officer
has reason to believe that the vehicle constitutes a hazard or interferes with the
normal function of a governmental agency or that the safety of the vehicles is
imperiled;
(8) The vehicle is standing, parked, or stopped in violation of regulations established
under this Code or state law;
(9) The vehicle is in an accident and the vehicle's owner or operator fails to show
evidence of financial responsibility as required under Chapter 604 of the Texas
Transportation Code, as amended; or
(10) The vehicle is stopped by a police officer for an alleged violation of a city or state
traffic law or other law applicable to the operation of a vehicle on the roadway and
the vehicle's owner or operator fails to show evidence of financial responsibility as
required under Chapter 601 of the Texas Transportation Code, as amended.
(11) The vehicle is authorized or required to be towed by other applicable city ordinance,
code, state or federal law.
(b) A police officer may, at his or her discretion, with the permission of an arrested person, leave an
arrested person's vehicle at the scene of the arrest or other location. In these instances, the
arresting officer shall ensure that the vehicle is legally parked and secured and not otherwise in
violation of any applicable city ordinance, code, state or federal law."
Section 3. Chapter 70 "Traffic and Vehicles" of the Code of Ordinances of the City of La Porte,
Sees. 70-183-70-210. - "Reserved." is hereby amended to read as follows:
"Sees. 70-184-70-210 - Reserved."
Section 4. Penalty. Any person who violates any provision or requirement of this ordinance
shall be guilty of a misdemeanor and subject to a fine in a sum of not more than two hundred
dollars ($200.00) for each violation.
Section 5. Open Meetings. The City Council officially finds, determines, recites, and declares that
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 ruing which this
ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The
City Council further ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 6. Severability. Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall
in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or
portions, the same shall be and remain in full force and effect and to this end the provisions of this
ordinance are declared to be severable.
Section 7. Effective Date. This Ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days
after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local
Government Code, and the City of La Porte Charter.
PASSED AND APPROVED on the first reading on the _ day of
2010.
By:
Louis R. Rigby
Mayor
ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
Clark T. Askins
Assistant City Attorney
15
.\~~
--
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 25. 2010
Budl!et
Requested By: D. Wilmore
Source of Funds:
Department: Planning
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Amount Requested:
Exhibits: Highlight Memo on Inspection Division Activities
Budgeted Item: YES NO
Exhibits: September Activitv Report
Exhibits
SUMMARY & RECOMMENDATION
Attached is a staffreport highlighting Inspection Division activities.
Action Required bv Council:
I b 1l.4 /10
Date
Memo
To:
From:
CC:
Mayor and City Council
Debbie S. Wilmore, Chief Building Official
Ron Bottoms, City Manager; John Joems, Assistant City Manager; and Tim
Tie~ens, Director of Planning
10/15/2010
Date:
Re:
Highlight Memo on Inspection Division Activities
The following is our monthly report on some of the highlights of the Inspection Services
Division and our September Activity Report.
Business Assistance - lION. Broadway. # A
· A zoning permit was issued to a new business. Based on the assembly occupancy, the
Fire Marshall's Office advised them a second exit with a ramp was required. The
owner recognized and our records showed the building was very close to the rear
property line and the rear door opened onto a wood landing within the street right-of-
way.
Staff authorized a permit to install a new wood, accessible landing and ramp to
accommodate their customers. The wood allows for removal should the need arise yet
still satisfies the Fire Marshall's Office. Permit notes will identifY the items are to
remain temporary in nature since it was located within a right-of-way. The owner
appreciated staff's help in resolving the matter.
Assistance on 5114 Crestway Drive
· The owner of the property submitted a survey along with a permit request for an
accessory building. In reviewing the submittal, staff noted the survey was for a
different property on the same street. The owner hoped to use another person's survey
since that home was similar to his.
Staff assisted the owner with drawing a site plan that accurately depicted the property
in question. The field check and site plan confirmed there was room to add the
proposed accessory building. The owner was able to get his permit and was
appreciative of our help.
Highlight Memo Can't.
September Activity Report
. (1) New Commercial permits - Valuation is $18,000
317 N Broadway (Build-out)
. Decrease of (59) inspections from August
. Decrease of(25) customers (counter) sign-ins from August
o Decrease of(14) code enforcement cases from August
(120) weed cases were part of the overall (159) total cases
. Of the (159) September cases, (35) or 22% were resolved in September
. Page 2
Page 2
INSPECTION SERVICES
ACTIVITY REPORT .FOR SEPTEMBER 1,2010 THRU SEPTEMBER 30,2010
NEW RESIDENTIAL PERMITS:
VALUATION
o
o
NEW COMMERCIAL PERMITS:
VALUATION:
INSPECTIONS PERFORMED:
1
18,000
300
SLABS
ELECTRICAL
PLUMBING
COVERUP
FINAL
FRAME
MISC.
33
59
66
24
33
8
77
CUSTOMER SIGN IN:
320
OPEN RECORDS REQUEST:
13
COMMERCIAL PROJECTS PENDING - NEW CONSTRUCTION OR
REMODELS OVER $50.000 11
FOLLIS CONSTRUCTION - 223 N 10TH ST - 09-1141- METAL BUILDING
MRE BUILDERS -702 HWY 146 S - 09-1496 - NEW HOTEL (SUPER 8)
DUROTECH - 3501 LUELLA BLVD -10-219 - NEW COMMERCIAL
RAM DESIGN - 920 W MAIN - 10-295- CLP ARCH
WAREHOUSE RACK CO - 10051 PORTER - 900- 10-400- PALLET RACKS
ACTION ENG & INSPEC - 317 N BROADWAY ST. - 10-721 - NEW COMMERCIAL
SIP CONSTRUCTION - 9705 SPENCER HWY - 10-840 - NEW COMMERCIAL
ATW DETAILED SOLUTIONS, INC- 1900 NEST -10-1006 - MODULAR BUILDING
FOLLIS CONSTRUCTION-11518 OLD LP RD 7-D-1O-517-BLDG FOR ELEV.
FOLLIS CONSTUCTION-11518 OLD LP RD - 10-951 - PAVING AND DETENTION
KRAFTSMAN PLAYGROUND & PARK EQUIPMENT - 10-1303 - 3324 SOMERTON
DR. NEW SPLASH PARK
TIRZ
NONE
1
CODE ENFORCEMENT
CODE ENFORCEMENT NUMBER OF COMPLAINTS, CASES
CASES SEPTEMBER 2010
(COMMUNITY SERVICE) CITY INITA TED CITIZEN COMPLAINT TOTAL
ALCOHOL CHECK 0 0 0
BASKETBALL GOALS 0 0 0
BLDG MAINTENANCE 0 0 0
BUILDING PLACEMENT 0 0 0
CAR FLYERS 0 0 0
CONTAINERS 0 I I
COIN OPERATED 0 2 2
MACHINE
DANGEROUS 0 0 0
BUILDING
DEBRIS 7 4 II
EXTERIOR STORAGE I 3 4
FENCES 0 I I
FORWARD TO OTHER 0 0 0
DEPARTMENTS
GRAFFITI 0 0 0
HEALTH ISSUES 0 0 0
ILLEGAL DUMPING 0 0 0
ILLEGAL MOBILE 0 0 0
HOMES
JUNK VEHICLES 0 0 0
LIVESTOCK 0 0 0
MISCELLANEOUS 0 2 2
OFFICE TRLR 0 0 0
OFF SITE PARKING 0 0 0
POOLS 0 2 2
SCREENING REQUIRED 0 0 0
SECURING BUILDINGS I 2 3
SEWAGE 0 0 0
SIGNS 0 0 0
SIGNS ON ROW 0 0 0
SUBSTANDARD 0 0 0
STRUCTURES
TEMP STORAGE CONT 0 0 0
UNSAFE ELEC 0 0 0
UNSAFE PLBG 0 0 0
WTRJDRAIN STD 0 0 0
WEEDS ] 12 8 ]20
WK WITHOUT PERMIT 7 I 8
ZONING ] 3 4
BLD CODE VIOLATION I 0 ]
BLDG CODE-SANIT 0 0 0
HOUSE MOVING 0 0 0
ROW OBSTRUCT 0 0 0
ROW DAMAGE 0 0 0
TOTAL 130 29 ]59
2
TOTAL OF 159 COMPLAINTS CASES
SEPTEMBER 20 10
I TOTAL COMPLAINTS, CASES 159 100%
CASES RESOLVED 35 22%
CASES UNRESOLVED ]24 78%
NEW MUNICIPAL M. HOLLAND (3)
COURT CASES THIS MONTH 7 D. FRALEY (2)
.r. SNIPES (2)
LA WSUITS IN PROGRESS
(NON-MUNICIPAL COURT CASES) CLIFF HALL (I)
S:\Citv Planninl:! Share\04-INSPECTIONS DlVISION\Inspections\Monthlv Reports
08,09,l0\2010SEPTEMBERMONTHL YYREPORT.doc
3