HomeMy WebLinkAbout2010-12-13
MINUTES OF REGULAR MEETING, PUPLlC HEARING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
December 13, 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, Jay Martin, Mike Mosteit, John Black and Mayor Rigby
Daryl Leonard arrived late at 6:30 p.m.
Members of Council Absent: None
Members of City Executive Staff and City Employees Present:
City Manager's Office: Ron Bottoms and Melisa Boaze
Legal: Clark Askins
City Secretary's Office: Martha Gillett
Finance: Michael Dolby
Planning: Tim Tietjens, Brian Sterling, Masood Malik and Debbie Wilmore
Police Department: Chief Ken Adcox, Michelle Bedford and Chris Paige
Public Works: Steve Gillett and Don Pennell
Fire: Mike Boaze and Donald Ladd
Purchasing: Susan Cream
Parks and Recreation: Stephen Barr, Eddie Weber, Joshua Burton, Deb Kuykendal and
Marlene Rigby
Golf: Alex Osmond
EOC: Jeff Suggs
HR: Heather Weger
EMS: Ray Nolen
Others Present: Karen Rigby, Dottie Kaminski, Phillip Hoot, David Janda, Dale Conger,
Margaret Compton, Ted Powell, Joshua Burton, Shirley Valentine, Cindy Burton, John
Vercher, Jose O. de la Torre, Rosa Islam, Jeffrey Brown, Ester Perez, Linda Wingo, Brian
Christen, J. T. Wingo, Carl Holley and Deb Gallington.
2. The Invocation was given by Father Gary Rickles of St. Mary's Catholic Church.
3. Councilmember Chuck Engelken led the Pledge of Allegiance.
4. Presentations/Proclamations
Mayor Rigby presented Joshua Burton with a proclamation for Special Olympics "Texas
Male Athlete of the Year".
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on December 13, 2010 2
5. Petitions, Remonstrances, Communications, Citizens and Tax Payers wishing to address
Council on any item posted on the agenda (Limited to five minutes)
Margaret Compton - 10901 Dogwood, Ms. Compton brought additional concerns
regarding drainage issues in the Fairmont Park East area to the attention of Council.
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 Workshop
Meeting of La Porte City Council held on November 8, 2010 - M. Gillett
B.
Consider approval or other action regarding an ordinance vacating, abandoning,
and closing that portion of the alley in Block 13, Sylvan Beach Subdivision lying
between Lots 6-10 and Lots 11-15 (Ord. 3301) - T. Tietjens
C.
Consider approval or other action regarding the renewal of the City of La Porte's
Employee Medical Stop Loss Coverage with ING - H. Weger
D.
Consider approval or other action awarding bid #11009 for a diesel powered
generator - S. Gillett
E.
Consider approval or other action awarding bid #11006 for heavy trucks - S. Gillett
F.
Consider approval or other action regarding an ordinance amending Chapter 42,
"Miscellaneous Offenses", of the Code of Ordinances of the City of La Porte to
prohibit synthetic marijuana and similar substances (Ord. 3302) - K. Adcox
G.
Consider approval or other action regarding an ordinance designating the Houston
Chronicle as the official newspaper of the City of La Porte for the publication of
legal notices (Ord. 3303) - C. Askins
H.
Consider approval or other action regarding approval of an additional one-year
extension to the Rail Spur Agreement between the City of La Porte and Frontier
Logistics LLC, and La Porte Real Property, LLC - T. Tietjens
I.
Consider approval or other action regarding an ordinance amending Chapter 2
"Administration" of the Code of Ordinances by increasing threshold for payment
bonds to $50,000.00 to match the allowable minimum standard under state law for
public works projects (Ord. 3304) - S. Cream
J.
Consider approval or other action awarding bid #11007 for South 8th Street Paving
and Drainage Improvements and Golf Course Tunnel Walls and approve Change
Order No.1, authorizing a contract for materials and soil testing services - S.
Gillett
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on December 13, 2010 3
K. Consider approval or other action authorizing the City Manager to execute an
agreement with Cobb Fendley and Associates, Inc. to perform a Concrete Street
Program Study - S. Gillett
L. Consider approval or other action regarding a contract with DataVox to upgrade
the City's phone system software, utilizing the State of Texas DIR Contract
Number DIR-SDD-1374 - J. Suggs
M. Consider approval or other action regarding acceptance of the 2010 State
Homeland Security Program Grant - J. Suggs
N. Consider approval or other action awarding bid #11502 for HVAC maintenance
services - S. Barr
O. Consider approval or other action regarding additional funds for the purchase of
Rescue Trucks - D. Ladd
P. Consider approval or other action instructing the Finance Director to amend
various operating budgets for outstanding purchase orders - M. Dolby
Q. Consider approval or other action regarding an ordinance amending Chapter 70
the school speed zone for morning times only for Baker 6th Grade Campus, La
Porte Junior High, and Lomax Junior High from 7:30-9:30 a.m. to 7:00-9:00 a.m.
(Ord. 3305) - K. Adcox
Assistant City Attorney Clark Askins read the following Ordinance captions:
Ordinance 3301 - AN ORDINANCE VACATING, ABANDONING AND CLOSING A
PORTION OF THE ALLEY IN BLOCK 13, SYLVAN BEACH SUBDIVISION, HARRIS
COUNTY, TEXAS, AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO
THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3302 - AN ORDINANCE AMENDING CHAPTER 42 "MISCELLANEOUS
OFFENSES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY
ADDING ARTICLE VI."PROHIBITION OF CERTAIN SMOKING SUBSTANCES", TO BAN
THE USE OR POSSESSION OF SYNTHETIC NARCOTICS 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 FIVE HUNDRED DOLLARS ($500.00); PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3303 - AN ORDINANCE APPOINTING THE HOUSTON CHRONICLE AS THE
DESIGNATED NEWSPAPER OF THE CITY OF LA PORTE FOR PUBLICATION OF
LEGAL NOTICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on December 13, 2010 4
THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW,
PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3304 - AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION" OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE III
"FINANCE", DIVISION 2 "PURCHASES AND CONTRACTS", SUBDIVISION II "PUBLIC
WORKS CONTRACTS", SECTION 2-108, "PERFORMANCE AND PAYMENT BONDS
REQUIRED", BY INCREASING THRESHOLD FOR REQUIREMENT OF PAYMENT
BONDS FOR PUBLIC WORKS CONTRACTS TO $50,000.00; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3305 - AN ORDINANCE AMENDING CHAPTER 70 "TRANSPORTATION",
ARTICLE III "OPERATION OF VEHICLES", DIVISION 2 "SPEED LIMITS", BY AMENDING
SECTION 70-97(b) "SCHOOL ZONES", OF THE CODE OF ORDINANCES OF THE CITY
OF LA PORTE TO CHANGE SCHOOL ZONE HOURS FOR CEDARMONT, MYRTLE
CREEK, CARLOW, SOUTH BROADWAY, WEST MAIN, UNDERWOOD, AND NORTH "L"
STREETS; 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 HUNDRED DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilmember Enqelken to approve the consent aqenda (items A-G
and I-Q) and noting one chanqe in the minutes to reflect that Susan Cream was not
present. Second by Councilmember Clausen. Motion carried.
Ayes: Engelken, Martin, Clausen, Mosteit, Moser, Zemanek, Black and Mayor Rigby
Nays: None
Abstain: Black abstained from voting on minutes and noted he is abstaining from item H
and has completed a conflict of interest form with the City Secretary's Office.
Absent: Leonard
Item H was voted on separately. Motion was made by Council member Clausen to
approve item H. Second by Councilmember Mosteit. Motion carried.
Ayes: Engelken, Martin, Clausen, Mosteit, and Mayor Rigby
Nays: Zemanek, Leonard and Moser
Abstain: Black
Absent: None
7. Public Hearing - Discuss proposed amendment to Chapter 106 "Zoning" of the Code of
Ordinances to convert the two alternate member positions on the Planning and Zoning
Commission to regular member positions - T. Tietjens
Mayor Rigby opened the Public Hearing at 6:33 p.m.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on December 13, 2010 5
Planning Director Tim Tietjens presented summary and recommendation and answered
Councils' questions.
Public Input: Phillip Hoot - 927 Seabreeze - Noted he is not in favor or against this item
but is just curious why it is being done.
David Janda - 412 Spencer Landing East - informed the Council he had abstained from
voting on this item during the Planning and Zoning meeting due to possible conflict since
he is currently serving as an alternate member.
Recommendation of Planning & Zoning Commission to approve Ordinance 3306.
Mayor Rigby closed the Public Hearing at 6:36 p.m.
8. Consider approval or other action on recommendation of Planning and Zoning
Commission to approve an ordinance amending Chapter 106 "Zoning" of the Code of
Ordinances of the City of La Porte to convert the two La Porte Planning and Zoning
Commission Alternate Member Positions to Regular Member Positions (Ord. 3306) - T.
Tietjens
Assistant City Attorney Clark Askins read Ordinance 3306 - AN ORDINANCE AMENDING
CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY AMENDING ARTICLE II, "ADMINISTRATION" DIVISION 2, "BOARDS AND
COMMISSIONS", SUBDIVISON II "PLANNING AND ZONING COMMISSION', SECTION
106-62 "MEMBERSHIP AND STRUCTURE" AND SECTION 106-63 "GENERAL
PROCEEDINGS", TO CHANGE LA PORTE PLANNING AND ZONING COMMISSION
ALTERNATE MEMBER POSITIONS TO REGULAR MEMBER POSITIONS: PROVIDING
A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE.
Motion was made by Councilmember Zemanek to approve ordinance 3306 as presented
by Mr. Tietiens. Second by Councilmember Enqelken. Motion carried.
Ayes: Mosteit, Clausen, Moser, Martin, Engelken, Leonard, Zemanek, Black and Mayor
Leonard
Nays: None
Abstain: None
Absent: None
9. Public Hearing - Discuss proposed amendments to Chapter 106 "Zoning" of the Code of
Ordinances for the purpose of granting a special conditional use permit for operating a
Drive-through Retail Beverage Mart at 2301 Underwood Road - T. Tietjens
Mayor Rigby opened the Public Hearing at 6:39 p.m.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on December 13, 2010 6
Planning Director Tim Tietjens presented summary and recommendation and answered
Councils' questions.
Public Input: There was no input from the public.
Recommendation of Planning & Zoning Commission to approve Ordinance 3307.
Mayor Rigby closed the Public Hearing at 6:41 p.m.
10. Consider approval or other action approval of an ordinance amending Chapter 106
"Zoning" more commonly referred to as "Zoning Ordinance" of the City of La Porte by
granting a Special Conditional Use Permit, SCU10-001 for that certain parcel of land
described as follows, to-wit: 0.7832 acre tract out of 3.072 acre commercial reserve A1,
Block 14, Creekmont Section 2, W.M. Jones survey, abstract 482, City of La Porte, Harris
County, Texas for the purpose of operating a drive-through retail beverage mart at 2301
Underwood Road in General Commercial (GC) Zone (Ord. 3307); - T. Tietjens
Assistant City Attorney Clark Askins read ordinance 3307, AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106 MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA
PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU10-001 FOR
THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 0.732 ACRE
TRACT OUT OF 3.072 ACRE COMMERCIAL RESERVE A1, BLOCK 14, CREEKMONT
SECTION 2, W.M. JONES SURVEY, ABSTRACT 482, CITY OF LA PORTE, HARRIS
COUNTY, TEXAS FOR THE PURPOSE OF OPERATING A DRIVE-THROUGH RETAIL
BEVERAGE MART AT 2301 UNDERWOOD ROAD IN A GENERAL COMMERCIAL (GC)
ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Enqelken to approve ordinance 3307 as presented
by Mr. Tietiens. Second by Councilmember Leonard. Motion carried.
Ayes: Engelken, Martin, Leonard, Mosteit, Moser, Zemanek, Clausen, Black and Mayor
Rigby
Nays: None
Abstain: None
Absent: None
11. Continue Public Hearing from August 23, 2010 City Council Meeting regarding
condemnation of substandard building located at 401 N. 6th Street - D. Wilmore
Mayor Rigby opened the Public Hearing at 6:43 p.m.
Proponents
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on December 13, 2010 7
Opponents - Mr. Hermilo Guevara informed the Council he is in favor of the option of the
City closing its file and allowing him to complete the interior work. He is opposed to
restarting the condemnation process.
Proponents Rebuttal
Recommendation of staff is to close the file and allow the owner to complete the interior
work.
Mayor Rigby closed the Public Hearing at 6:48 p.m.
12. Consider approval or other action regarding direction of staff to 1) drop condemnation case
on 401 N. 6th Street or 2) restart the condemnation process against new owners.
Motion was made by Council member Moser to approve recommendation of staff to drop
condemnation case on 401 N. 6th Street. Second by Councilmember Black. Motion
carried.
Ayes: Engelken, Martin, Leonard, Mosteit, Moser, Zemanek, Clausen, Black and Mayor
Rigby
Nays: None
Abstain: None
Absent: None
13. Consider approval or other action regarding a resolution authorizing the sale of Block 46,
Lot 10 in the Bayfront Addition, in the town of La Porte, Texas (Res. 2010-27) - T. Tietjens
Planning Director Tim Tietjens presented summary and answered Councils questions.
Assistant City Attorney Clark Askins read resolution 2010-27, A RESOLUTION OF THE
CITY COUNCIL OF LA PORTE MAKING FINDINGS OF FACT, AND AUTHORIZING THE
SALE OF LOT 10, BLOCK 46, OF BA YFRONT ADDITION TO THE TOWN OF LA
PORTE, HARRIS COUNTY, TEXAS, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Moser to approve Resolution 2010-27 as presented
by Mr. Tietiens. Second bv Councilmember Mosteit. Motion carried.
Ayes: Mosteit, Clausen, Moser, Martin, Engelken, Leonard, Zemanek, Black and Mayor
Leonard
Nays: None
Abstain: None
Absent: None
14. Consider approval or other action authorizing the City Manager to execute a joint parking
lot use agreement with La Porte Community Church regarding parking for Five Points
Plaza - T. Tietjens
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on December 13, 2010 8
Planning Director Tim Tietjens presented summary and answered Councils' questions.
Motion was made by Council member Moser to table the ioint parkinQ lot aQreement with
the La Porte Community Church as presented by Mr. Tietiens. Second by Councilmember
Black. Motion carried.
Ayes: Mosteit, Clausen, Moser, Martin, Engelken, Leonard, Zemanek, Black and Mayor
Leonard
Nays: None
Abstain: None
Absent: None
15. Consider approval or other action amending Ordinance 2006-2901-B, Chapter 42, Article
V, "Regulation of Sex Offender Residency" of the Code of Ordinances of the City of La
Porte (Ord. 3308) - K. Adcox
Police Chief Kenith Adcox presented summary and answered Councils questions.
Assistant City Attorney Clark Askins read ordinance 3308, 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 DEFINITIONS; MAKING 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;
Motion was made by Councilmember EnQelken to approve ordinance 3308 as presented
by Chief Adcox. Second by Councilmember Clausen. Motion carried.
Ayes: Mosteit, Clausen, Moser, Martin, Engelken, Leonard, Zemanek, Black and Mayor
Leonard
Nays: None
Abstain: None
Absent: None
16. Consider approval or other action regarding approval of Fiscal Year (FY) 2010 Audit/Asset
Forfeiture Report as required by Chapter 59 of the Texas Code of Criminal Procedure - K.
Adcox
Police Chief Kenith Adcox presented summary and answered Councils' questions.
Motion was made by Councilmember Martin to accept and approve the Fiscal Year (FY)
2010 Audit/Asset Forfeiture Report as presented by Chief Adcox. Second by
Councilmember Leonard. Motion carried.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on December 13, 2010 9
Ayes: Mosteit, Clausen, Moser, Martin, Engelken, Leonard, Zemanek, Black and Mayor
Leonard
Nays: None
Abstain: None
Absent: None
17. Consider approval or other action regarding an ordinance repealing Ordinance 1000-1 as
codified in Chapter 6, Article III of the Code of Ordinances, relating to the regulation of
sellers of wine and beer (Ord. 3309) - C. Askins/M. Gillett
Assistant City Attorney Clark Askins presented summary and answered Councils'
questions.
Assistant City Attorney Clark Askins read ordinance 3309, AN ORDINANCE REPEALING
ORDINANCE 1000-1 AND AS CODIFIED IN CHAPTER 6 'ALCOHOLIC BEVERAGES",
ARTICLE III"BEER AND WINE" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, RELATING TO THE REGULATION OF SELLERS OF WINE AND BEER;
CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE.
Motion was made by Councilmember Enqelken to approve ordinance 3309 as presented
by Chief Adcox. Second by Councilmember Mosteit. Motion carried.
Ayes: Mosteit, Clausen, Moser, Martin, Engelken, Leonard, Zemanek, Black and Mayor
Leonard
Nays: None
Abstain: None
Absent: None
18. Consider approval or other action regarding an ordinance proposing the creation of the La
Porte Fire Control, Prevention and Emergency Medical Services District under Chapter
344, Texas Local Government Code (Ord. 3310) - D. Ladd
Assistant Fire Chief Donald Ladd presented summary and answered Councils' questions.
Assistant City Attorney Clark Askins read ordinance 3310, AN ORDINANCE PROPOSING
THE CREATION OF THE LA PORTE FIRE CONTROL, PREVENTION, AND
EMERGENCY MEDICAL SERVICES DISTRICT UNDER CHAPTER 344, TEXAS LOCAL
GOVERNMENT CODE, MAKING FINDINGS OF FACT, FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Enqelken to approve ordinance 3310 as presented
by Donald Ladd. Second by Councilmember Clausen. Motion carried.
Ayes: Mosteit, Clausen, Moser, Martin, Engelken, Leonard, Zemanek, Black and Mayor
Leonard
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on December 13, 2010 10
Nays: None
Abstain: None
Absent: None
19. Mayor Rigby closed regular meeting and opened Workshop Meeting at 7:25 p.m.
A. Discussion concerning the creation of a Board of Directors for the proposed
Emergency Service District - D. Ladd
Assistant Fire Chief Donald Ladd discussed the creation of a Board of Directors for
the proposed Emergency Service District.
Council directed staff to move forward with the creation of the Board of Directors
for the proposed Emergency Services District.
In addition, the following people were suggested as possible temporary board
members:
Rick Guzman, Dottie Kaminski and Champ Dunham.
B. CIP Updates for Fourth Quarter - (S. Barr, R. Bottoms, S. Gillett, and T. Tietjens)
Parks and Recreation Director Stephen Barr, Public Works Director Steve Gillett,
and and Planning Director Tim Tietjens presented CIP Updates for Fourth Quarter.
20. Mayor Rigby closed the Workshop Meeting and opened the Regular Meeting at 7:58 p.m.
21. Receive Report from Fiscal Affairs Committee - Chairman Chuck Engelken
Chairman Chuck Engelken provided a Report from the Fiscal Affairs Committee.
22. Receive monthly Drainage Report from Staff - S. Gillett
Public Works Director Steve Gillett provided a monthly Drainage Report.
23. Administrative Reports - R. Bottoms
December 14, 2010 - Chapter 172 Retiree Board Meeting - Council Chambers - 5:30
p.m.
December 16, 2010- Kristal Bell Performance - Special Programs Center - 6:00 p.m.
December 16, 2010 - Harris County Mayor and Council Association Dinner/Meeting -
Lakewood Yacht Club - 2425 NASA Parkway - Seabrook - 6:30 - 9:00 p.m.
December 24, 2010 (Friday) and December 27, 2010 (Monday) - City Employee
Christmas Holidays - City Offices Closed
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on December 13, 2010 11
December 28, 2010 - Wrecker Committee Meeting - Council Chambers - 3:00 p.m.
January 10, 2011 - City Council Meeting - 6:00 p.m.
January 21, 2011 - 19th Annual BAHEP (Bay Area Houston Economic Partnership) -
Quasar Award Banquet - South Shore Harbor Resort and Convention Center (Crystal
Ballroom) - 6:30 p.m. - 9:30 p.m.
January 24, 2011 - City Council Meeting - 6:00 p.m.
24. Council Comments: Engelken, Mosteit, Clausen, Martin, Black, Zemanek, Leonard 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
25. Executive Session - pursuant to provision of the Open Meeting Law, Chapter 551, Texas
Government Code, Sections 551.071 through 551.076, 551.087 (consultation with
attorney, deliberation regarding real property, deliberation regarding prospective gift or
donation personnel matters, deliberation regarding security devices, or excluding a
witness during examination of another witness in an investigation , deliberation regarding
economic development negotiations)
26. Considerations and possible action on items considered in executive session.
There was no Executive Session held.
27. Adjournment
Being no further business, the meeting was duly adjourned at 8:10 p.m.
Respectfully submitted,
~UUlfR~
City Secretary
roved on this 10th day of January 2011.
B
\
\
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: December 13,2010
Source of Funds: N/A
Requested By: Tim Tietiens
Account Number: N/A
Department: Planninl!
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Deed to Grantee
3. Area Map
Budgeted Item: _YES -X....NO
SUMMARY & RECOMMENDATION
The City has received an application from Ms. Mary Marguerite Holloway to vacate, abandon and
close that portion of the alley in Block 13, Sylvan Beach Subdivision lying between Lots 6-10 and
Lots 11-15 which contains a total of 4,000 square feet. Ms. Holloway desires to close the subject
alley in order to unifY her property in the block to facilitate construction of a home.
City Staff and each of the City's franchised utility companies (i.e. Centerpoint Energy, AT&T &
Comcast) have reviewed Ms. Holloway's request and each company has issued a letter of no
objection to the closing.
In accordance with Section 62.35 of the Code of Ordinances, Staff ordered an independent
appraisal of the alley in question to determine its fair market value. The appraisal determined the
fair market value of the alley at $1.50 per square foot. The City has subsequently received
payment from Ms. Holloway in the amount of $4,500 (75% of Fair Market Value per the
ordinance).
Recommendation:
Staff recommends vacating, abandoning, and closing that portion of the alley lying between Lots
6-10 and 11-15 in Block 13, Sylvan Beach Subdivision as requested by the applicant.
Action Required of Council:
Approve an ordinance vacating, abandoning, and closing that portion of the alley in Block 13,
Sylvan Beach Subdivision lying between Lots 6-10 and 11-15.
It 11 ~C)
Date
ORDINANCE NO. 2010- ,~30'
AN ORDINANCE VACATING, ABANDONING .AND CLOSING A PORTION OF THE
ALLBY IN BLOCK 13, SYLVAN BEACH SUBDIVISION, HARRIS COUNTY,
TEXAS, AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE
ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THB OPEN MEETINGS
LAW, AND PROVIDING AN EFFECTIVE DATE HEREOP.
WHEREAS, the city Council of the City of La Porte has been
requested by the record owner of all of the property abutting
the hereinafter described portion of the alley in Block 13,
Sylvan Beach Subdivision, Harris County, Texasj to vacate,
abandon, and permanently close the hereinafter described portion
of the alley in Block 13, Sylvan Beach Subdivision, Harris
County, Texasj and,
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine, and declare that the
hereinafter described portion of the alley in Block 13, Sylvan
Beach Subdivision, Harris County, Texas, is not suitable,
needed, or beneficial to the pUblic as a public road, street, or
alley, and the closing of hereinafter described portion of the
alley in Block 13, Sylvan Beach Subdivision, Harris County,
Texas, is for the protection of the public and for the public
interest and benefit, and that the hereinafter described portion
of the alley in Block 13, Sylvan Beach SUbdivision, Harris
County, Texas, should be vacated, abandoned, and permanently
closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE.
Section 1. Under and by virtue of the power granted to
the City of La Porte under its home rule charter and Chapter
253, Section 253.001, Texas Local Government Code, the
hereinafter described portion of the alley in Block 13, Sylvan
2
Beach Subdivision, Harris County, Texas, is hereby permanently
vacated, abandoned, and closed by the City of La Porte, to wit:
That portion of the alley in Block 13, Sylvan Beach
Subdivision situated between Lots 6 through 10 and
Lots 11 through 1S of said block, containing a total
of 4,000 square feet and generally illustrated on
Exhibit "A" incorporated by reference herein.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the
date, hour, place, and subj ect 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 Codej and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered, and formally acted upon.
The City Council further
ratifies, approves, and confirms such written notice and the
contents and posting thereof.
Section 3.
This ordinance shall be effective from and
after its passage and approval, and it is so ordered.
PASSBD AND APPROVED THIS
ATTEST:
~
Secretary
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Knox W. Askins, city Attorney
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CITY OF LA PORTE
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DEED WITHOUT WARRANTY
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date:
December 13, 2010
Grantor:
City of La Porte, a municipal corporation
Mailing Address:
604 West Fairmont Parkway, La Porte, TX 77571
Grantee:
Mary M. Holloway
233 Vaughn, Deer Park, TX 77536
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Mailing Address:
Consideration: Ten and NO/10D Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements) :
That portion of the alley in Block 13, Sylvan Beach
Subdivision, Harris County, Texas, situated between Lots
6 through 10 and Lots 11 through 15 of said block, as
generally illustrated on Exhibit "A" attached herein and
made part hereof, containing a total of four thousand
(4,000) square feet, which Street Right-of-Way was
vacated, abandoned, and closed by city of La Porte
Ordinance No. 2010-~, passed and approved by the City
Council of the City of La Porte on December 13, 2010.
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Reservations from and Exception to Conveyance and Warranty: This
conveyance is made subject to all and singular the restrictions
conditions, oil, gas, and other mineral reservations easements'
and covenants, if any, applicable to and enforceable' against th~
above described property as reflected by the records of the county
clerk of the aforesaid county.
Grantor for the consideration and subject to the reservations from
and exceptions to conveyance I conveys to Grantee the property
without express or implied warranty, and all wa ies that might
arise by common law and the warranties in .023 of the Texas
Property Code (or its successor) are exclud a.
jot,
By:
Attest:
Yit4Arn'\~J)'P-
M 'ha A. Gillett'
City Secretary
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City Attorney
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'~,I T 1S 1nstrument was acknowledge~ before me on the ~ day of
, rem (, 2010, by Ron Bottoms, C1ty Manager of the City of La
orte, a municipal corporation.
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ot y Public, State of Texas
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SHARON HARRIS
My Commission Expires
September 12. 2013
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
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PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
AFTER RECORDING RETURN TO:
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested December 13, 2010
Appropriation
Requested By
Heather Weger
Source of Funds:
Department:
Human Resources
Account Number:
Report
Resolution:
Ordinance:
Amount Budgeted:
Stop Loss Worksheet
Amount Requested:
Exhibits:
Exhibits: _Stop Loss Distribution List
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
The City sent out a Request for Proposals for our Medical Stop Loss Coverage to 14 vendors in
October. On November 4, 2010 the City received 5 proposals. [NO submitted the lowest bid
and beat our current carrier Unimerica by $15,854. Staff recommends changing our Stop Loss
Coverage carrier from Unimerica to INO with a 12 month premium of$365,355. The deductible
will remain the same at $145,000 per employee.
Action Reauired bv Council:
/Jltf;{(}
Date
BIDDER'S LIST
Sealed RFP # 11501
Stop Loss Insurance
Aetna
3 Sugar Creek Center
Sugarland, TX 77478
HCC Benefits Corporation
16415 Addison Rd # 700
Addison, TX 75001
Aleo Sales & Service
6851 High Grove Blvd
Burr Ridge, IL 60527
Highmark Life & Casualty Group
20405 State Hwy # 249
Houston, TX 77070
American Stop Loss
100 Front St # 600
Worcester, MA 01608
ING
2900 N Loop West #180
Houston, TX 77092
Bidnet
20a Railroad Ave
Albany, NY 12203
Born & Nolds Insurance Ine
16314 Creston Woods
Katy, TX 77494
Optum Health
5800 Granite Pkwy #820
PIano, TX 75024
Sun Life of Canada
440 Louisiana # 2030
Houston, TX 77002
Cornerstone Innovative Solutions
1111 Metropolitan Ave Suite 400
Charlotte, NC 28204
Symetra
11782 Jollyville Rd
Austin. TX 78759
Fringe Benefits Mgmt Compo
301 Sessions RD
Tallahassee, FL 32303
Willis of Texas, Ine
920 Memorial City Way #500
Houston, TX 77024
Stop Loss Worksheet
SDecific
Coverage Basis
U"""erica
Bet1dey ute and ......llh
Benefits Covered
CUrrent
33/9
Medicaf/Rx
$145,000 $150,000
$27.91 $96.19
$70.98 $91.88
$265,857 $a47,987
93/9 44/12 44/12 24/12
24/U
Coverage Amount
Deductible
Single Rate
Family Rate
Estimated Specific Premium
~
$574,26\1
Coverage Basis
Benefits Covered
24/12
Coverage Amount
Aggregate Premium
Single Factor
Family Factor
$3.17
$437.76
$1.209.84
Run-In limitation
Estimated Aggregate Premium $15;;520
Aggregate Attachment Point $4.441,513
Total Estimated Premium ~
$5,889,001
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The City's current Stop loss coverage is under a 9 month contract with a premium of $281.378. The premium of $375,171 is an annual equivalent
F
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
12-13-10
Bud2et
Requested By: Kenith Adcox
Source of Funds:
Department: pglice
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Amount Requested:
Exhibits: Ordinance Addin2 Article VI "Prohibition
of Certain "Smokin2 Substances" to Chapter 42 "Miscellaneous Budgeted Item: YES NO
Offenses" of the Code of Ordinances
SUMMARY & RECOMMENDATION
Staff is recommending the addition of Article VI "Prohibition of Certain Smoking Substances"
to Chapter 42, "Miscellaneous Offenses", of the Code of Ordinances of the City of La Porte.
When ingested, substances commonly referred to as synthetic marijuana produce powerful
intoxicating effects, similar to THC or organic marijuana, but are not yet categorized as illegal
controlled substances under state or federal law. With the manufacture, sale, and use of synthetic
marijuana becoming more and more prevalent, it has become necessary for law enforcement to
look for ways to control its availability within the community in order to ensure the safety and
well-being of the citizens of La Porte.
As such, staff recommends that City Council approve the passage of an ordinance prohibiting the
possession, sale or use of the illegal synthetic smoking substances and amend Appendix B of the
Code of Ordinances adding the fine amount for the offense.
Action Required bv Council:
Approve Ordinance adding Section VI "Prohibition of Certain Smoking Substances" to Chapter 42,
"Miscellaneous Offenses", of the Code of Ordinances of the City of La Porte.
It-I, #v
Ron Bottoms, City Manager
Date
~7
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ORDINANCE NO. 3!f:)2. ~
AN ORDINANCE AMENDING CHAPTER 42 "MISCELLANEOUS OFFENSES" OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING ARTICLE VI.
"PROHIBITION OF CERTAIN SMOKING SUBSTANCES", TO BAN THE USE OR
POSSESSION OF SYNTHETHIC NARCOTICS 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 FIVE HUNDRED DOLLARS ($500.00); 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;
WHEREAS, the City Council of the City of La Porte, Texas has determined that certain businesses
within the City may be selling certain substances that when ingested produce intoxicating effects similar
to THC or marijuana; and
WHEREAS, the aforementioned substances are not yet categorized as illegal controlled substances under
state or federal law; and
WHEREAS, these substances, which are described herein below, are often used as an alternative to
marijuana and are potentially dangerous to users and further, the long term effects are not yet known; and
WHEREAS, the City Council of the City of La Porte, has determined that it is in the best interest of the
public health, safety and welfare to prohibit the substances;
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 42 "Miscellaneous Offenses", is hereby amended by adding a new Article VI.
"Prohibition of Certain Smoking Substances" of the Code of Ordinances of the City of La Porte, Texas,
which shall read as follows:
"ARTICLE VI. PROIDBTION OF CERTAIN SMOKING SUBSTANCES.
Section 42-120.
Definitions
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning.
Illegal smoking substance means any plant or other substance, whether described as tobacco, herbs,
incense, spice of any blend thereof, regardless of how the product is marketed for intended uses, which
includes anyone or more of the following chemicals:
1. Salvia divinorum or salvinorin A; all parts of the plant presently classified botanically as
salvia divinorum, whether grown or not, the seeds thereof, any extract from any part of such
plant, and every compound, manufacture, salts, derivative, mixture or preparation of such
plants, its seeds or extracts;
2. 2-{(1R, 3S)-3 hydroxycyclohexyl}-5-(2-mehylocatan-2-yl) phenol (also known as CP47,
497) and homologues;
3. Derivative, mixture or preparation of such plant, its seeds or extracts;
4. (6aS, 1 OaS)-9-(hydromehyl)-6, 6-dimethyl-3-(2-mehyloctan-2-yl)-6a, 7, 10, 10
atetrahydrobenzo [c} chormen-I-oJ) (also known as HU-211 or Dexanabinol);
5. I-Pnetyl-3-(1-naphythoyl) indole (also known as JWH-OI8); ef
6. Butyl-3-(1-naphthoyl) indole (also known as JWH-073)
7. Methylenedioxypyrovalerone (MDPV);
8. (n)-2B-Carbomethoxy-3B-(4-fluorophenyl) tropane (B-CFT, WIN-35,428); or
9. Mephedrone (also known as 4-methylmethcathinone (4-MMC), or 4-methylephedrone)
10. Or similarly structured chemical analogs.
Products containing some or all of the above substances are currently being marketed under the
following commercial names:
"K-2", "K-2 SUMMIT", "K-2 SEX", "GENIE", "DASCENTS", "ZOHAI", "SAGE", "SPICE",
"KO KNOCKOUT 2", "SPICE GOLD", "SPICE DIAMOND", "YUCANTAN FIRE", "SOLAR
FLARE", "PEP SPICE", "FIRE N' ICE", "SERENITY", "IVORY WAVE", "VANILLA SKY",
"PURE NORY", "PURPLE WAVE", "CHARGE+", "OCEAN BURST, SEXTACY" AND
"SALVIA DNINORUM".
The above product names are not an all inclusive list of products which contain the substances,
but are listed for reference purposes.
Ingestion device means any equipment, product or material that is used or intended for use in ingesting,
inhaling or otherwise introducing an illegal smoking substance into the human body including but not
limited to:
1. a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen,
permanent screen, hashish head, or punctured metal bowl;
2. a water pipe;
3. a carburetion tube or device;
4. a smoking or carburetion mask;
5. a chamber pipe;
6. a carburetor pipe;
7. an electric pipe;
8. an air-driven pipe;
9. a chillum;
10. a bong, or
11. an ice pipe or chiller
Section 42-121.
Use or Possession of Illegal Smoking Substances
It shall be unlawful for any person to use, buy, possess, or purchase any illegal smoking
substances.
Section 42-122.
Sale of II1egal Smoking Substances
It shall be unlawful for any person to sell, advertise or publically display for sale any illegal
smoking substances.
Section 42-123.
Acquisition of II1egal Smoking Substance
It shall be unlawful for any person if, with the intent to acquire any illegal smoking substance, he
or she requests, commands or attempts to induce another to sell, donate or otherwise transfer or deliver
any illegal smoking substance.
Section 42-124.
Possession of ingestion device.
It shall be illegal for any person to use or possess an ingestion device for the purpose of using the
device to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking substance.
Section 42-125.
No defense.
It is not a defense to prosecution under this article that l) no monetary consideration was tendered
to the person solicited; or 2) the person solicited was unable or unwilling to transfer or deliver an illegal
smoking substance.
Section 42-126.
Affirmative Defenses.
It is an affirmative defense for a person charged with use or possession of an illegal smoking
substance that the use or possession was pursuant to the direction or prescription of a licensed physician
or dentist authorized to direct or prescribe such act.
It is an affirmative defense that the sale or possession on Salvinorin A was in conjunction with
omamentallandscaping and used solely for that purpose.
It is an affirmative defense for a person charged with use or possession of an illegal smoking
substance that the illegal smoking product was in the possession of or being used by a governmental
entity for a health purpose, research and education, or a similar program.
It is an affirmative defense to any prosecution under section 42-123 that 1) the solicitation is
made in furtherance of a transaction that would not constitute a violation of applicable law; or 2) the
solicitation is made by a peace officer in the lawful discharge of his duties or by a law enforcement agent
acting in the lawful discharge of an official duty.
Section 42-127.
Penalty
A person who violates any provisions of this article shall be guilty of a Class C misdemeanor and
upon conviction shall be fined an amount not to exceed five hundred dollars ($500.00).
Section 4. 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 ruling 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. 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 6. 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 )3It-dayof lJecehJ~OlO.
WUi{!!o
Mayor
By:
ATTEST:
un f1lfJ.tL (). I/aid
~a A. Gillett
City Secretary
APPROVED:
~T~/j
Clark T. Askins
Assistant City Attorney
. G
--------
~,---
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested December 13,2010
Appropriation
Requested By
Ron Bottoms
City Manager
Source of Funds:
Department:
Account Number:
Report
Resolution:
Ordinance:
x
Amount Budgeted:
Amount Requested:
Letter from City Attorney
Exhibits:
Budgeted Item: YES NO
Exhibits:
Ordinance
SUMMARY & RECOMMENDATION
The Texas Local Government Code Section 52.004, requires the City to designate an official newspaper to publish
its legal notices. With the Bayshore Sun having ceased its publication, the Houston Chronicle is the only remaining
newspaper with substantial circulation in the City of La Porte.
Action Required bv Council:
ppro e ordinance designating the Houston Chronicle as the official newspaper of the City of La Porte
for the publication of legal notices.
II. /, I(t>
Date
askins
& askins P.c.
ATIORNEYS and COUNSELORS
Knox W. Askins
Clark T. AskIns
November 16, 2010
via email
Ms. Martha A. Gillett
city Secretary
City of La Porte
city Hall
La porte, Texas
Dear Martha:
I enclose proposed ordinance designating the Houston Chronicle as
the newspaper for pUblication of the City of La Porte's legal
advertisements, for the December 13, 2010, City Council meeting.
The Houston Chronicle Neighborhood Zoned Section, which includes
the city of La Porte, has a circulation of 9,765 in zip code 77571,
of which approximately 1,900 is paid home delivery subscribers and
single copy newsstand sales, with the balance comprising free
circulation.
with The Bayshore Sun ceasing publication, the Houston Chronicle is
the only remaining newspaper which meets the requirements of Texas
Government Code Section 2051.044, for the type of newspaper
required for the City of La Porte's legal notices.
Upon passage of this ordinance by City Council, our office will
prepare a submission to the U.S. Justice Department, voting Rights
Section, for preclearance of the change to the Houston Chronicle as
the City of La Porte's designated newspaper for publication of City
election legal notices.
Yours very truly,
~
Knox w. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
cc: Mr. Ron Bottoms
Ms. Susan Cream
Mr. Clark T. Askins
702 W. Fairmont Parkway, P.O. Box 1218, LaPorte, TX 77572-1218
281.471.1887 phone. 281.471.2047 fax. knoxaskins@comcast.net . ctaskins@swbe1l.net
ORDr.NANCB NO. 2010-~O~
AN ORDINANCE APPOINTING THB HOUSTON CHRONICLB AS THB DBSIGNATBD
nwSPAPBR OJ" THB CITY OJ" LA PORTB J!'OR PUBLICATION OJ!' LEGAL NOTICES,
IIAltING VARIOUS J!'DmINGS AND PROVISIONS RBLATING TO THB SUBJ1I:CT,
J!'Dmr.NG COMPLIANCE WITH THE OPEN KBBTINGS LAW, AND PROVIDING AN
EJ"PBCTIVB DATB BBRBOP.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte appoints
the Houston Chronicle as the designated newspaper of the City of La
Porte for the publication of legal notices. This appointment shall
remain in full force and effect until amended or cancelled by the
City Council of the City of La Porte.
Section 2. The City Council of the City of La Porte hereby
finds that the Houston Chronicle meets the criteria of Texas
Government Code Section 2051.044, for the type of newspaper
required and that the Houston Chronicle is a newspaper which meets
the following criteria, to-wit:
(l) devotes not less than 25 percent of its total column
lineage to general interest items;
(2) is published at least once each week;
(3) is entered as second-class postal matter in the county
where published; and
(4) has been published regularly and continuously for at
least 12 months before the governmental entity or
representative published notice.
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
Codei 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 effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 13th day of December, 2010.
By:
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Mar ha A. G~ett
City Secretary
APPROVED: J.
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Knox W. AskJ.ns
City Attorney
2
H
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: December 13.2010
Source of Funds: N/ A
Requested By: Tim Tietiens
Account Number: N/A
Department: Plannine:
Amount Budgeted: N/A
Report: ~Resolution: _Ordinance:_
Amount Requested: N/A
Exhibits: Rail Spur Agreement
La Porte Real Property LLC Letter
Map of Affected Properties
Budgeted Item: _YES _NO
SUMMARY
Attached is a copy of a letter from La Porte Real Property, LLC requesting an additional one-year
extension to the Rail Spur Agreement between the City of La Porte and Frontier Logistics LLC, and La
Porte Real Property, LLC. The original agreement was commenced in February of 2008 and has since
been extended due to the economic downturn that began in 2008 and continues to affect the transportation
logistics industry among many others.
Staff met with representatives of La Porte Real Property, LLC and supports their request for an additional
extension due to the continued economic downturn.
Action Required bv Council:
Recommend approval of an additional one-year extension to the Rail Spur Agreement.
Ron Bottoms, City Manager
II /11ro
Date I
RAIL SPUR AGREEMENT
STATE OF TEXAS g
G
COUNTY OF HARRIS ~
This Agreement made and entered into by and between Frontier
Logistics, LLC, a Texas limited liability company, and La Porte
Real Property, LLC, a Texas limited liability company, of Harris
County, Texas, hereinafter referred to as "Owners", and the CITY OF
LA PORTE, a municipal corporation, of Harris County, Texas,
hereinafter referred to as "city",
Recitations
~. City is the owner of a 5.98 acre tract of land, situated
near the intersection of North Broadway street and East Barbours
Cut Boulevard, in the City of La Porte, Harris County, Texas. The
legal description of said tract of land (hereinafter referred to as
"Property") is attached as Exhibit "A", to a Lease Agreement, by
and between city, as Landlord, and James J. Flanagan Shipping
Corporation, a Texas business corporation, as Tenant. A true and
correct copy of said Lease Agreement is attached hereto as Exhibit
"A", incorporated by reference herein, and made a part hereof for
all purposes.
2. Article 3, on page 5 of said Lease Agreementl provides
for a reservation by the Landlord to reduce the area of the Leased
Premises} to accommodate a rail spur from the existing railroad
tracks on the east side of the property, across the south portion
of the property and continuing on the former North "HI! Street
right-af-way. In the event that the City, as Landlord, exercises
FINAL DRAFT. 02.11.08
such option, {a) the Landlord shall provide the Tenant with six
months written notice of its intention to reduce the area of the
Leased Premises, and (b) the area of the Leased Premises shall be
reduced as shown on Exhibit nA"~u attached to said Lease Agreementl
and the rental thereunder shall be reduced on a pro rata square
foot or acreage basie, and city, as Landlord I agrees to reimburse
the Tenant for the remaining undepreciated value of Tenant' 6
improvements on that portion of the Leased Premises, based on a 15
year level amortization from the commencement Date of said Lease
Agreement I which was January 1, 1997.
3. Owners own substantially all the real property which
abuts the right-of"way of North "H" street in the City of La Porte,
extending from the west right-of "way line of North Broadway Street,
to the east right-of"way line of North 8th Street, in the city of
La Porte. Owners desire to have the city of La Porte exercise the
rail spur option, described in paragraph 2, above. Owners request
city to grant O~mers a Rail Easement in form attached hereto as
Exhibit liB", incorporated by reference herein, and made a part
hereof for all purposes.
WHBRBFORE, in consideration of the payment by OWne~s to City,
of a oash sum, which shall be calculated by multiplying (i) that
portion of the Railroad Easement located on the property described
on Exhibit nAil, attached hereto, and (ii) that portion of the
Railroad Easement located on the right-of-way of North "HI! street;
multiplied by $4.50 per square foot, payable as follows, to-wit:
A. Owners shall, upon the execution hereof, make an initial
deposit of Two Hundred Thousand Dollars ($200,000.00), to
2
the city, which shall be fully credited by the city to
the total cash consideration hereunder; in the event that
owners are unable to secure permits from TCEQ and the
other governmental agencies and utilities having
jurisdiction over the property, the city shall refund
said deposit to owners, less Twenty-five Thousand Dollar
($25,000.00) thereof, to reimburse city for its
administrative costs hereunder; and
B. the balance of the consideration shall be paid by Owners
to the city of La porte, as hereinafter provided;
and in further consideration of the mutual agreements herein set
forth, Owners and City agree as follows:
1. Owners shall, at their sole cost and expense, with the
prior written approval of City, engage the services of an engineer
/ surveyor with experience in railroad track design and
construction matters, to prepare a survey plat, and metes and
bounds description, with the survey plat showing the location of
the proposed railroad spur, in accordance with Exhibit IIA-l", to
the Lease AgreemelJ,t attached to this Agreement as Exhibit "AII, and
the portion thereof connecting to a rail easement in the right-of-
way of North "Hn street. Upon receipt and approval of said plat
and metes and bounds description, City, as Landlord, agrees to give
notice to the Tenant under said Lease Agreement, exercising the
option hereinabove described. Owners agree to reimburse and save
and hold harmless City for the loss in rental, and any other claims
for reimbursement and damages, by Tenant under said Lease
Agreement, as a result of the exercise of said option by city.
Prior to the exercise of said option by city, Owners and city shall
3
enter into a Rail Easement Agreement on the tract of land, based on
the plat and metes and bounds description obtained as provided
herein. A copy of the proposed Rail Easement Agreement is attached
hereto as Exhibit "BII, incorporated by reference herein, and made
a part hereof for all purposes.
2. City plans to accept bids for the sale of the remainder
of the 5.98 acre tract of land, after the legal description of the
rail spur option tract has been determined. city has obtained an
appraisal of the entire tract, showing its fair market value as
$2.25 per square foot. Owners agree to indemnify and hold harmless
city, from any loss of value of the remaining tract to be sold by
City, for a bid price of less than $2.25 per square foot.
3. Owners agree to prepare and file with City, on or before
the 1st day of August, 200B, a development/business plan which
shall address the planning and zoning issues that will be involved
with development of the rail spur I from the existing railroad
tracks, across the property, and the properties owned by Owners
contiguous to North lilt street. Nothing contained in this Agreement
or in the Rail Easement, shall be construed as a grant of zoning
authorization for use of rail access to any of Owners' properties
adjacent to the Rail Easement which property is not zoned HI, or a
pun with special exceptions for rail service.
4. Attached to this Agreement as Exhibit II ell is a list of
un-resolved violations of City'S ordinances, on certain of the
properties owned by certain of the O\'lners. All of these violations
shall be abated by the respective owners, to the satisfaction of
City, in accordance with the provisions of Exhibit "CU.
4
5. All notices and other communications given pursuant to
this Rail Spur Agreement shall be in writing and ahall either be
mailed by first class united states mail, postage prepaid,
registered or certified with return receipt requested, and
addressed as set forth in this paragraph, or delivered in person to
the intended addressee.
Notice mailed in the aforesaid manner
shall become effective three business days after deposit; notice
given in any other manner, and any notice given to City, shall be
effective only upon receipt by the intended addressee. For the
purposes of notice, the address of
(a) City shall he:
city of La Porte
604 West Fairmont parkway
La Porte; TX 77571
Attention: City Manager
Cb} Owners shall be:
Frontier Logistics, LLC
710 North Broadway
La Porte, TX 77571
Attention: George Cook
La Porte Real Property, LLC
1655 Louisiana
Beaumont, TX 77701
Attention: Casey Crenshaw
Each party shall have the continuing right to change ita address
for notice hereunder by the giving of 15 days' prior written notice
to the other party in accordance with this paragraph.
5
6. Events of Default. Each of the following occurrences
shall constitute an "Event of Defaultll by Owners under this Rail
Spur Agreement:
a. The failure of owners to pay the monetary consideration
provided for in this Rail Spur Agreement; and
b. The failure of Owners to perform, comply with or observe any
other agreement, obligation or undertaking of Owners, or any
other term, condition or provision, of this Rail Spur
Agreement, and the Rail Easement Agreement, and the
oontinuance of such failure for a period of ten (10) days
after written notice from city to Owners specifying the
failure.
Upon any Event of Default, city may, at city's option and in
addition to all other rights, remedies, and recourses afforded city
hereunder or by law or equity, do anyone or more of the following:
a. Terminate this Rail Spur Agreement and Rail Easement
Agreement, by the giving of written notice to owners, in Which
event Owners shall pay to city upon demand, any monetary
consideration then owed by Owners to City,
b. Terminate owners right to possession of the property described
in Exhibit lIA" of the Rail Easement Agreement:.
7 . If either the City or Owners initiate any litigation
relating to this Rail Spur Agreementl the prevailing party in such
litigation, shall be entitled to recover, in addition to all
damages allowed by law and other relief, all court costs and
reasonable attorneys' fees incurred in oonnection with suoh
litigation.
6
ENTERED INTO this the 11th day of February, 2008.
IlOWNBRsn
By:
Frontier Logistics, LLC
A:-~
Name : c;.~""L.~ ~dIJ ~
Title: Z-~~
La Porte Real Property, LLC
By:
~~~
1J1~ ~
a tha ~ Ie t
City Secretary
APPROVED AS TO FORM;
~ ~-,(- ~'1 +-#0
Kn . Aski s I
City Attorney
7
STATE OF TEXAS 6
~
.COUNTY OF HARRIS 6
NOTICB TO BUYERS, LES~EBS, AND OCCUPANTS
1361.539, TEXAS HEALTH AND SAFETY CODE
The city of La Porte, a municipal corporation, whose mailing
address is 604 West Fairmont parkway, La Porte, Texas 77571, the
owner of land that overlies a closed municipal solid waste landfill
facility, hereby gives written notice stating the former use of the
facility as a solid waste landfill, the legal description of said
former solid waste landfill facility being attached hereto as
Exhibit "AU Tract 1, incorporated by reference herein and made a
part hereof for all purposes, and does further give notice of the
restrictions on the development or lease of said land imposed by
Subchapter R, "Use of Land Over Municipal Solid Waste Landfills",
of the Texas Health and safety Code, reference to which is here
made for all purposes.
The City of La porte, a municipal corporation, the owner of
said real property, has filed this notice for record in the office
of the County Clerk of Harris County, Tex as required by said
~361. 539, Texas Health and Safety Code, U er rris County Clerk's
File No. S236608. ~
WITNESS OUR HANDS AND THE SEAL 0 his ~ day of
r&l~ 'F-'Jfrt?. i I 2008.
By:
ATTEST:
'-1l1~ ~~il;/
Martha A. G 1 ett
City Secretary
STATE OF TEXAS ~
!i
COUNTY OF HARRIS g
~ This instrument was acknowledged before me on the I fK. day of
r~a~ ' 2008, by Ron Bottoms, City Manager of the City of La
Porte, on behalf of said City, in the capacity herein stated.
;a~l~e of Texas
Exhibit "An - Notice
Lease Agreement, by and between city, as Landlord, and
James J. Flanagan Shipping Corporation, as Tenant.
Exhibit II All
Rail Easement Agreement
Exhibit liB"
Current violations of city ordinances by Owners
Not later than May 12, 2008:
. tn accordance with Code of Ordinances, Chapter 106, Section
106-637, submit an application and General Plan for a special
conditional use permit (SCUP), as required in a Planned Unit
Development Zoning District, to the Planning and Zoning
Commission for recommendation, and the City Council for
approval, including, but not limited to, the removal of all
shipping containers from Blocks 349, 350 t 351 and 352, in
violation of the code of Ordinances, Chapter 100, section 106-
521, Table A. Applications may be obtained and coordinated
through the Pla1:lning Department. The General Plan shall
conform to the requirements of City Ordinance No. 1444 ,
section 4.01 and Appendix C.
Upon approval of the SCUP:
. Apply for a zoning permit for the entire site with the
Inspections Division.
. submit a Major Development site Plan in accordance with Code
of Ordinances, Chapter 106, Section 106-637(0), and City
Ordinance No. 1444, Seotion 4.08 and Appendix E, to the
Planning Department for review, and approval by the Planning
and Zoning Commission.
Exhibit "en
La Porte Real Property, LLC
November 20,2010
Mr. Tim Tiejens
Director of Planning
City of La Porte
Dear Tim:
As we discussed at our recent meeting regarding the development of the old county dump
property off North Broadway and north of Barbour's Cut Boulevard, we would like to request an
extension of the existing rail spur agreement along the H Street right-of-way.
As we discussed, the overall project hinges first on the completion of the former dump
site. As you know, we have addressed engineering concerns and right-of-way issues and
landscaping and access requests made by the city, and are on the verge of coming in with our
final submittal of plans and request for a permit to begin construction on this 40+-acre site. Once
we get that project underway, we will be able to focus on the rail spur.
If you have any questions or need any additional information, please give me a call. Thank
you for your help.
Sincerely,
~~\Q~~
i1 Charles B. Childress
La Porte Real Property, LLC
1655 Louisiana Street
Beaumont, Texas 77701
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS~
COUNTY OF HARRIS ~
I, .:J \0 ~~ ~ \ t\ tt' as a member of the City of La Porte (}~~
(~ ~~ c \ \ , make this affidavit and hereby on oath state the following: I have a
substantial interest in a business entity or real property as defined in Chapter 171, Texas Local
Government Code, and a vote is to be taken or a decision is to be made that will have a special
economic effect on this business entity or real property.
The agenda item on \>tl1 "\ ~ ,20 \ U , affecting this business entity or real
property is: \,- 'r\
COMPLETE (A) OR (B): (A) The business entity is ~~~"'f (~Cj)N(name); or
(B) The real property is located at:
I have a substantial interest for the following reasons: (check all which are applicable)
_ Ownership of 10% or more of the voting stock or shares of the business entity.
_ Ownership of 10% or more or $15,000 or more of the fair market value of the
business entity.
V Funds received from the business entity exceed 10% of gross income for the
previous year.
_ Real property is involved and I have an equitable or legal ownership of the
property with a fair market value of at least $2,500.
_ A relative of mine has a substantial interest in the business entity or real
property that would be affected. by a decision of the public body of which I
am a member.
Upon filing of this affidavit with the City Secretary, I affum that I will abstain from voting on any
decision involving this business entity or real property and from any further participation on this
matter by discussion or debate.
Smged~ \i~~Yof~7L .qti
Signature of Official
THE STATE OF TEXAS~
COUNTY OF HARRIS ~
Before me M &(fM. a, ~ 1 \ ld- on this day personally appeared
J o~ '" 8 \~ known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that helshe executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office this ~ day of _~l .
~a~
,20 lot>.
- -
-
-
Notary Public in and for the State of Texas
~'@)
MARTHA GILLETT
My Commission Expires
August 31, 2013
-
-
-....
I
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
December 13,2010
Appropriation
Requested By: Susan Cream
Source of Funds: N/A
Department: Finance/Purchasing
Account Number: N/A
Report:
Resolution:
Ordinance: XX
Amount Budgeted: N/A
Exhibits: Ordinance #
Amount Requested: N/A
Exhibits:
Exhibits:
Budl!eted Item: N/A
SUMMARY & RECOMMENDATION
Currently, Chapter 2 "Administration" of the La Porte Code of Ordinance requires that contractors purchase
payment bonds for a Public Works Contract if the job is worth $25,000 or more. Chapter 2253 of the Texas
Government Code was amended by the Legislature to increase the allowable payment bond threshold for cities,
from $25,000, to $50,000. However, cites are not disallowed by this law from keeping a payment bond threshold
that is lower than $50,000; rather, it simply gives cities the option of increasing it to the new state minimum
requirement of $50,000.
No change was made to Chapter 2253 of the Government Code regarding the $100,000 threshold for performance
bonds. Therefore, staff is not asking that the City's $100,000 payment bond requirement located in Chapter 2 of
the City Code, be amended.
Staff Recommendation:
Staff recommends City Council increase the limit of payment bond requirements to match the allowable minimum
standard under state law for public works project, to $50,000.
Action Required bv Council:
Approve Ordinance to increase the limit for payment bond requirements.
I L /1. Ir<>
Date
ORDINANCE NO. 2010- ~1
AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE III
"FINANCE", DIVISION 2 "PURCHASES AND CONTRACTS", SUBDIVISION II
"PUBLIC WORKS CONTRACTS", SECTION 2-108, "PERFORMANCE AND PAYMENT
BONDS REQUIRED", BY INCREASING THRESHOLD FOR REQUIREMENT OF
PAYMENT BONDS FOR PUBLIC WORKS CONTRACTS TO $50,000.00; CONTAINING
A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Chapter 2, "Administration", Article III "Finance", Division 2 "Purchases and
Contracts", Subdivision II "Public Works Contracts", Section 2-108, "Performance and payment
bonds required", subsection (a)(2), is hereby amended and shall hereafter read as follows, to-wit:
"(a)(2) A payment bond ifthe contract is in excess of$50,000.00."
Section 2. 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 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 thereofhas 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 effective after its passage and approval
PASSED AND APPROVED, this {!II-day of OlC€fJ1ber , 2010.
By:
ATTEST:
"1l1 0A1It4 a. (1Jiu1
Martha A. Gillett
City Secretary
At?!:: ____ ,
~l;~
CEtrk T. Askins
Assistant City Attorney
K
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
December 13.2010
Appropriation
Requested By: S. Gillett
Source of Funds: GEN605
Department: Public Works
Account Number: 015-9892-605-1100
Report: X Resolution:
Ordinance:
Amount Budgeted: $120,000
Exhibits:
Professional Services Agreement
Amount Requested: $99,000
Exhibits:
Summary of Evaluation Tabulation
Budgeted Item: Yes
Exhibits
SUMMARY & RECOMMENDATION
The City has received qualification statements from fifteen (15) AlE firms to perform a Concrete
Street Program Study to determine the engineering, planning and construction costs associated with
phased construction of concrete streets, curb and gutter and associated storm sewers. The Study will
develop a strategy to install a "backbone" drainage system, with streets and associated storm sewers to
be constructed in phases.. The project is a result of a request at the Council Retreat held last summer,
and identified the area bounded by Main, S. Broadway, Fairmont Parkway and SH 146.
An evaluation team was selected to review submissions and score each on the criteria identified in the
RFQ. The members were Tim Tietjens, Donald Ladd, Don Pennell and Steve Gillett. The Committee
initially met to discuss and agree upon a weighing factor for each selection criteria. A second meeting
was held to discuss the initial evaluation of the submissions based on experience, proposed personnel
and overall response to the RFQ. The submissions were given an in-depth review by each committee
member and individual rating sheets were completed. The Committee then met again to discuss the
individual ratings, and a combined rating sheet for each firm was prepared.
A summary of the evaluation tabulations is attached. The top respondent was identified as
Dannenbaum Engineering Corporation, with a combined average score of7.85. The Committee twice
met with representatives to discuss a proposed scope of work. After negotiations failed to produce an
agreement that accomplished to goals of the Study within the budget established by the Council,
negotiations were concluded and the Committee solicited a proposal from the second-ranked firm,
Cobb Fendley and Associates, Inc. Negotiations with this firm were successful. The attached
Agreement incorporates the agreed scope, schedule and compensation for the Study.
/~ (, /t()
I
Ron Bottoms, City Manager
Date
=55= CobbFendley
November 10, 2010
Mr. Steve Gillett
Director of Public Works
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
VIA EMAIL
Re: Concrete Street Program Study
Contract for Professional Engineering Services
Dear Steve:
Cobb, Fendley & Associates, Inc. ("Cobb Fendley") is pleased to propose professional surveying
and engineering services to the City of La Porte (City) in connection with the Concrete Street
Program Study.
PROJECT
The Concrete Street Program envisions replacement of existing asphalt and concrete streets in
an area bounded by Main Street, South Broadway, Fairmont Parkway and SH 146. The
neighborhood is well established, has a grid-pattern layout, and is drained by a system of open
and closed storm sewers. There are currently several concrete curb and gutter streets with
storm sewers that were constructed in the 1960's.
The project goal is to determine the engineering, planning and construction costs associated
with phased construction of concrete streets, curb and gutter, and associated storm sewers. It is
anticipated that the Program will develop a strategy to install a "backbone" drainage system,
with streets and associated storm sewers to be constructed in phases.
AGREEMENT
When accepted by the signature of City's authorized representative, this Authorization and the
documents referenced herein shall constitute the entire agreement between the City and
Cobb Fendley with respect to this project.
The specific tasks to be performed by Cobb Fendley in conjunction with this project are
described in Attachment A, Scope of Services. Compensation for our services is also specified
in Attachment A.
Further provisions of this agreement are contained in the Provisions of the Authorization for
Professional Services which is attached and constitutes a part of this agreement.
13430 Northwest Freeway, Suite 1100 I Houston, Texas 77040 I 713.462.3242 I fax 713.462.3262 I www.cobfen.com
Mr. Steve Gillett
November 4, 2010
Page 2 of 7
=55= CobbFendley
PROPOSAL ACCEPTANCE
If this proposal is agreeable to you, please indicate your acceptance by signing in the space
provided below and return one copy to us for our file. This proposal is void if not accepted
within sixty days of the date hereon. The opportunity to propose professional surveying and
engineering services to the City of La Porte is appreciated and we look forward to serving you
on this project.
Sincerely,
COBB, FENDLEY & ASSOCIATES, INC.
/ I
~e00~5
~eM~
Title J
IJ-/ttf ~~
Date of Authorization
Attachments
D:\Docs\Proposals\Small Proposals\2010\La Porte\Concrete Street Program.doc
PROVISIONS OF THE AUTHORIZATION FOR PROFESSIONAL SERVICES
1. AUTHORIZATION TO PROCEED
Signing this Agreement shall be construed as authorization
by CITY for Cobb, Fendley & Associates, Inc.
(CobbFendley) to proceed with the services, unless
otherwise provided for in this agreement.
2. INTERPRETATION OF FEES
Unless specified as hourly, the fees shown herein are
considered lump sum amounts.
3. DIRECT PERSONNEL EXPENSE
Direct Labor Costs means salaries and wages paid to
CobbFendley's employees plus payroll related costs and
benefits such as payroll taxes, worker's compensation,
health and retirement benefits, bonuses, sick leave,
vacation, and holiday pay applicable hereto.
4. DIRECT EXPENSES
Cobb Fendley's direct expenses shall be those costs
incurred on or directory for the CITY'S project, including but
not limited to necessary transportation costs including
mileage at the current IRS rate, meals and lodging,
laboratory tests and analyses, and printing and binding
charges. These direct expenses shall be billed in
accordance with the attached rate schedule, or at actual
cost plus a 10% administrative fee.
5. OUTSIDE SERIVICES
When technical or professional services are furnished, with
approval by the CITY, by an outside source; an additional
10% administrative fee shall be added to the cost of these
services by CobbFendley to cover CobbFendley's
administrative costs.
6. COST PROJECTIONS
Any cost projections by CobbFendley will be on a basis of
experience and judgment, but since it has no control over
market conditions or bidding procedures, CobbFendley
cannot warrant that bids or ultimate construction costs will
not vary from these cost projections.
7. PROFESSIONAL STANDARDS
CobbFendley will be responsible, to the level of
competency presently maintained by other practicing
professionals providing the same type of services in CITY'S
community, for the professional and technical soundness,
accuracy, and adequacy of all design, drawings,
specifications, and other services and materials furnished
under this Agreement. CobbFendley makes no other
warrant, expressed or implied.
8. TERMINATION
Either CITY or CobbFendley may terminate this Agreement
by giving 30 days written notice to the other party. In such
event, CITY shall forthwith pay CobbFendley in full for all
services previously authorized and performed prior to
effective date of termination. If no notice of termination is
given, relationships and obligations created by this
Agreement shall be terminated upon completion of all
applicable requirements of this Agreement.
9. OWNERSHIP OF DOCUMENTS
CobbFendley retains the ownership of all drawings,
documents, specifications, exhibits and reports produced
by CobbFendley. Copies of these documents will be made
available to the CITY upon request.
10. INDEMNIFICATION
To the fullest extent permitted by law, CobbFendley shall
indemnify and hold harmless the CITY and OWNER and
their respective officers and employees from and against all
claims, actions, proceedings, liabilities, losses, damages,
costs and expenses, including reasonable legal fees, which
the CITY and OWNER and their respective officers and
employees may sustain to the extent or degree on a
comparative basis of fault arising from the negligent acts,
errors or omissions of CobbFendley, its officers, employees
or subconsultants, arising from the services provided
herein.
To the fullest extent permitted by law, the CITY shall
indemnify and hold harmless CobbFendley and its
respective officers, employees and subconsultants from
and against all claims, actions, proceedings, liabilities,
losses, damages, costs and expenses, including
reasonable legal fees, which CobbFendley and its
respective officers, employees or subconsultants may
sustain to the extent or degree on a comparative basis of
fault arising from the negligent acts, errors or omissions of
the CITY.
11. LIMITATION OF LIABILITY
THE LIABILITY OF COBBFENDLEY TO THE CITY SHALL BE
LIMITED TO SERVICES PERFORMED SOLEY BY COBB FENDLEY.
THE LIABILITY OF COBBFENDLEY TO THE CITY FOR ANY
CAUSE OR COMBINATION OF CAUSES IS. IN THE AGGREGATE.
LIMITED TO AN AMOUNT NO GREATER THAN THE FEE EARNED
UNDER THIS AGREEMENT.
COBBFENDLEY IS NOT RESPONSIBLE FOR ANY
CONSEQUENTIAL DAMAGES THAT MAY BE SUSTAINED BY THE
CITY OR THE CITY'S AGENTS.
12. MEDIATION
If all claims, counterclaims, disputes and other matters in
questions between the CITY and CobbFendley arising out
of or relating to this Agreement or the breach thereof
cannot be settled through direct discussion, the parties
hereto agree to first endeavor to settle the dispute in an
amicable manner by nonbinding mediation under the
Construction Industry Mediation Rules of American
Arbitration Association, before having recourse to
arbitration or any other judicial forum.
13. LEGAL EXPENSES
In the event that legal action is brought by CITY or
CobbFendley against the other party to enforce any of the
obligations hereunder or arising out of any dispute
concerning the terms and conditions hereby created, the
losing party shall pay the prevailing party such reasonable
amounts for fees, costs and expenses as may be set by the
court.
14. PAYMENT TO COBB FENDLEY
Monthly invoices will be issued by CobbFendley for all
services performed under the terms of this agreement.
Invoices are due and payable upon receipt. Interest at the
rate of 1.5% per month may be charged on all past-due
amounts, unless not permitted by law, in which case,
interest will be charged at the highest amount permitted by
law.
If CITY is not the OWNER, CITY agrees to pay
CobbFendley within 10 working days of receipt of payment
from OWNER.
15. ADDITIONAL SERVICES
Any services not included in the Scope of Services in this
proposal shall be provided by CobbFendley. when
specifically authorized in writing by the CITY, on a per diem
and expense basis in accordance with the attached Rate
Schedule. A copy of our .Supplement to Original
Agreement" is attached.
Mr. Steve Gillett
November 4, 2010
Page 4 of 7
=55= CobbFendley
Attachment A
Scope of Services
THE PROJECT
The Concrete Street Program envisions replacement of existing asphalt and concrete streets in
an area bounded by Main Street, South Broadway, Fairmont Parkway and SH 146. The
neighborhood is well established, has a grid-pattern layout, and is drained by a system of open
and closed storm sewers. There are currently several concrete curb and gutter streets with
storm sewers that were constructed in the 1960's.
The project goal is to determine the engineering, planning, and construction costs associated
with phased construction of curbed concrete streets and associated storm sewers. It is
anticipated that the Program will develop a strategy to install a "backbone" drainage system,
with streets and associated storm sewers to be constructed in phases.
The Project shall consist of preparation of a Study that will examine and recommend changes to
the existing drainage infrastructure, including a "backbone" storm sewer outfall that will
accommodate a five (5) year storm event for full development of the area, examine and
recommended changes to the existing grid pattern, and provide for a cost estimate to construct
recommended improvements to be phased over a number of years.
SCOPE OF SERVICES
Upon receiving the City's authorization, CobbFendley will proceed with the project as described
below. The City reserves the right to modify the scope as needed to accomplish the project
goals, with an equitable adjustment of the compensation to CobbFendley.
1. Map current watershed usinq ESRI format and identify supplemental surveyinQ. We will
gather available data and compile it in .shp format (ESRI or GIS) to form a working base
map for the project. The available L1DAR ground mapping compiled for the last FIRM
remapping, called the TSARP project, contains elevation data. Also readily available are
aerial photography, floodplain data, city utility mapping, an earlier city drainage master
plan, and other utility mapping.
2. Supplemental survey. There may be critical areas where having the flowline elevations
or sizes of existing culverts, the bottom of the bayou, the upper end of the study area,
sanitary sewers, etc may be required. The City's older Drainage Master Plan will be
related to current benchmark elevations for use of that data. We will minimize the use of
field survey. Full construction project level topographic survey should be done near the
point in time that a portion of the work would be constructed.
3. Review existinq enqineerinq standards and recommend chanaes. The City's published
engineering standards are similar to those used by the City of Houston and other
surrounding entities. We will suggest any improvements, primarily in storm sewer
design criteria, that may be in the City's interest.
D:\Docs\Proposals\SmaJl Proposals\2010\La Porte\Concrete Street Program.doc
Mr. Steve Gillett
April 20, 2010
Page 5 of 7
=:5= CobbFendley
4. Perform assessment of current drainaQe and flood control conditions and issues. The
project will outfall into Little Cedar Bayou, which is under the management of the Harris
County Flood Control District (HCFCD). There is some existing flood plain in the area
caused by either an inadequate channel or storm surge from the Bay. This will be
examined and explained in the report. The City is currently engaged in the development
of a detention basin on this channel upstream of SH146. The study which supported
that work will be incorporated into this effort. HCFCD will want to be assured that the
project will cause no objectionable downstream impacts. There will be from one to four
outfalls, but it is likely that the final system will use Little Cedar Bayou and its tributary for
most or all outfall. Specific tasks include:
a. Compute design runoff values using the city's engineering standards (and any
suggested revisions), for storm sewer sizing. System design criteria will at a
minimum provide for no structural flooding in a 100yr return interval rainfall event.
b. Examine impacts to receiving stream water levels caused by improving the
efficiency of the watershed by providing faster runoff with the storm sewer
system. Harris County Flood Control has developed a set procedure for
analyzing such impacts and mitigating them through the use of detention ponds,
inline storage, or other such detention techniques. This examination will be
presented as an impact analysis as required for future plan approval by HCFCD.
c. Examine the use of storm water detention in some of the existing rights of way
within the project area.
d. Examine the effect of the City's new detention basin west of SH146 on the water
levels in the bayou when combined with the proposed storm sewers.
e. Examine the possibility of mitigating the project via changes in Little Cedar
Bayou. The mapped floodplains in the bay area are often the result of projected
tropical storm flooding, not riverine flooding from storm runoff. An investigation of
the impact of increased runoff on the bayou's peak water level may reveal that
the actual area of impact is small enough that channel improvements may be
sufficient to mitigate the change in runoff. Or, the new detention basin may
retard the peak flow in the bayou to allow the peak from the storm-sewer-served
area to exit to the bay ahead of the main peak. There is a channel in the 3rd St
right of way that may benefit from improvement. Also, the portion of the bayou
from SH 146 to the City's wastewater plant is an improved channel, and might
benefit from some further work. The section below that point is natural, and may
be adequate to accommodate the change in flow. The offsetting considerations
here would be the cost of providing detention storage vs. the cost of any channel
improvements and permitting as administered by the US Army Corps of
Engineers.
5. Propose recommended improvements to provide for one or more trunk storm sewers
and outfalls for initial construction. Develop an outline storm sewer plan. Layout a
proposed plan that minimizes interferences with other existing utilities. Provide for
coverage of entire study area and strive to arrange lines to minimize sewer cost.
6. Propose recommended improvements to provide for the construction of concrete curb
and Qutter streets with associated storm sewer improvements to be connected to the
trunk storm sewer(s). Examine existing grid pattern of streets and recommend changes
that will reduce the paving footprint for future maintenance. Eliminating any street
paving would entail clearing that block of any need for property access, or providing an
D:\Docs\Proposals\Small Proposals\2010\La Porte\Concrete Street Program.doc
Mr. Steve Gillett
April 20, 2010
Page 6 of 7
:55= CobbFendley
alternative low-traffic solution. Identify all such lightly used blocks and discuss the
options with the City. Future reuse of the land (if not part of the drainage solution) can
be undertaken as a separate public improvement.
7. Identify collectors to provide for efficient traffic flow. Some of the streets may carry more
traffic than others, may provide direct through routes (such as "A", "B", and "G" Streets),
or may have adjacent commercial uses. Consideration will be given to the need for on-
street parking in commercial or multifamily areas. In such areas, wider collector street
paving needs to be employed.
8. Provide for a detailed cost estimate for desiqn and construction of the planned drainage
and street & sidewalk elements, divided into annual proqrams. The size of each phase
will be coordinated with the City's funding ability.
9. Prepare a schematic plan of the proposed storm sewers, pavinQ, and sidewalks showing
phase limits. Show the phased implementation of the program, coordinated with the
cost estimate. Incremental construction of storm sewers will begin at the outfall (or lower
end) and progress upstream. The paving can be added at the same time as storm
sewer construction or in a later phase, depending on available funding. The plan will not
be to the level of detail of construction plans, but will show enough that city planning
personnel can have a record of the proposed system so that the needed routes are
preserved.
10. Prepare and publish a report summarizing the work completed, to be titled "2010
Concrete Street Program for the City of La Porte".
This would conclude the Basic Services of the Study. Any required work beyond the Basic
Services would be considered as Additional Services as described in the sections describing
compensation.
COMPENSATION:
The compensation to be paid to CobbFendley for providing the described engineering services
will be as follows:
1. GIS Mapping ....... ......... ............................... ............. ............ ............... ................... $6,500
2. Supplemental Survey.. .................. ................ ....................................................... $10,000
3. Standards Review.......... .................... ............. ........ ........... ............................ ........ $4,000
4. Outfall Impact considerations............ .............. ............................. ........................ $49,000
5. Storm Sewer Plan ............................ ................. ..... ................................................ $8,000
6. Street Paving Plan........................ ................. ................................... ............ .... ..... $5,000
7. Phasing Plan and Estimate ............................. .................... .......................... ......... $7,000
8. Report ...................... ............................ ......................................... .......... ...... ........ $8,000
D:\Docs\Proposals\Small Proposals\2010\La Porte\Concrete Street Program.doc
Mr. Steve Gillett
April 20, 2010
Page 7 of 7
liil CobbFendley
Reimbursable Expenses. Reproduction, mileage, delivery charges, etc. (estimated budget,
charges at cost plus 10% administration charge) ............ .............................. ............... $1.500
TOTAL BUDGET ...... ............... .................. ............................................................ $99,000
SCHEDULE OF SERVICES
Cobb Fendley is authorized to begin work on this project immediately upon receipt of City's
signature on this Authorization.
CobbFendley will use reasonable efforts to complete the plan and report within 180 days of the
notice to proceed.
ADDITIONAL SERVICES
Additional elements of engineering service may become desirable or necessary during the
course of the project. These items, when specifically agreed to in writing by the City and
CobbFendley, will be invoiced at direct personnel expense times a multiplier of 2.4 as defined in
the "Provisions of the Authorization for Professional Services". Additional Services may include
such things as:
. Providing the services of a landscape designer or land planning function.
. Design level project documents.
. Construction Surveying or Staking.
. Construction period inspection or site visitation services.
. Materials testing services
. Services rendered in resolution of extensive claims by Contractor or City.
. Comprehensive review of Bidder Qualifications
D:\Docs\Proposals\Small Proposals\2010\La Porte\Concrete Street Program.doc
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
December 13.2010
Bude:et
Requested By: Jeff Suggs
Source of Funds: CIP
Department: IT
Account Number: 015-9892-602-1100
Report: X Resolution:
Ordinance:
Amount Budgeted: $70,000.00
Exhibits: DataVox Pricing
Amount Requested: $67,444.67
Exhibits: DataVox DlR Contract # DlR-SDD-1374
Budgeted Item: YES X NO
Exhibit: DataVox Scope of Work
SUMMARY & RECOMMENDATION
The City's phone system software has reached the end of life on its current version and therefore needs to
be upgraded. With the current version, we are unable to make any improvements to the system. In
addition, the existing maintenance agreement is about to expire and cannot be renewed with the version
which is currently installed. We would like to propose an upgrade of the current phone system software
utilizing a State of Texas Department ofInformation Resources (DIR) contract with DataVox (Contract
Number: DIR-SDD-1374; See attached contract). In the past, the City has utilized DIR contracts on other
IT related projects because it provides for reduced information technology costs and common IT
procurement processes. The use of DIR contracts allows the City to get the best price and value while
complying with all state and local regulations.
The phone system software needs to be upgraded to the latest version which is compatible with our
current handsets. If approved, Data Vox will provide and install software upgrades for the Cisco Unified
Communication Manager servers and the Cisco Unity server. The upgrades will be installed and tested to
ensure a smooth transition once the system is connected to the network. The software upgrades will allow
for integration with the new system and our current handsets.
Cost:
Software and Equipment =
Maintenance =
Professional Services =
TOTAL =
$38,504.48
$8,930.19
$20,010.00
$67,444.67
Action Required by Council:
pproval of a contract with Data Vox to upgrade the City's phone system software, utilizing the
xas DIR Contract Number DIR-SDD-1374.
Ii II/to
Date
~
Data Vox
System Quotation
Valid for 30 Days
Prepared By:
Steve Weber, Enterprise Sales Manager
DataVox
2000 W. Sam Houston Parkway S., 9th Floor
Houston, TX 77042
713-881-7140 Desk Phone
713-881-7240 Direct Fax
713-881-5353 Customer Service
Cisco Communication Manager and Unity Upgrade
DIR
Oept.ofl~ ~rc,"
Contract Number: DIR-SDD-1374
Vendor Number: 176-025-1479-000
November 23,2010
Prepared For:
City of La Porte
James Janoch
Product Total: $ 38,504.48
Maintenance Total: $ 8,930.19
Professional Services Total: $ 20,010.00
(Sales Tax & Shipping Not Included) Total: $ 67,444.67
Part Number
Part Description
Qty. En Sell
':llEr~JC~.it".
2 $7,840.00
2 $0.00
2 $0.00
2 $0.00
2 $1,456.00
$0.00
$3,920.00
$0.00
$728.00
$0.00
1 $0.00
371 $8,310.40
371 $14,543.20
84 $0.00
84 $329.28
371 $0.00
1 $0.00
6 $0.00
1 $0.00
4081 $0.00
1 $0.00
1 $0.00
371 $0.00
371 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
371 $6,330.19
$0.00
8 $3,561.60
8 $0.00
Cisco Unified Communication ManaGer Servers
MCS782514-K9-CMC2 Unified CM 7.1 7825-14 Appliance, 0 Seats
CAB-AC AC Power Cord (North America), C13, NEMA 5-15P, 2.1m
CCX-70-CM-BUNDlE CCX 7.0 UCM 5 Seat ENH Bundle - ONLY with NEW UCM
CUCMS-EVAl-K9 CUCMS Monitoring Bundle Evaluation
CON-SNTP-2514C2 SMARTNET 24X7X4 Unified CM 7.1 7825-14 Appliance, 0 Seat
Cisco UnitY Connection Server
MCS782514-K9-UCB1 Cisco Unity Connection 7.1 MCS 7825 IBM Appliance
UNITY-PWR-US Power Cord - US, Can, Mex, PR, Phil, Yen, Tai, Col, Ecu
CON-SNTP-2514KUB1 SMARTNET 24X7X4 Cisco Unity Connection 7.0 MCS 7825 IBM
Cisco Unified Worksoace License
CUWl-lIC CUWl Top level
UWl-UPG-CM+UTY-Sm Upgrade from UCM + Unity to sm
UCSS-UWl-Sm 3-Yr UWl sm UCSS
ANlG-DEV-MIG Analog non-app device migration
UCSS-ANlG-3-1 UCSS for UCM analog user for three Year - 1 users
IPC7-ClIENT-UWl IP Communicator 7.0 for CUWl only
UNITYCN8-7825 Unity Connection 8.x for 7825
CUP-70-UWl Cisco Unified Presence 7.0 for CUWl only
CIPC-UWl-RTU CIPC UWl Right to Use Certificate
CUCM-UWl Communications Manager UWl DlU Bundle
CUCM-UWl-PAK CUCM Claim Certificate for UWl
CUP-70-UWl-PAK Unified Presence 7.0 PAK
CUP-70-UWl-USR Unified Presence 7.0 Users
1IC-UWl-Sm1 Services Mapping SKU, Under 1 k UWl sm users
UCSS-ANlG-PAK PAK for Analog UCSS
UCSS-UWl-STD-PK 3-Yr UWl sm UCSS - PAK
UCXN-8O-UWl-PAK-D Unity Connection 8.0 Claim Cert wI PAK - Domino
UNITYCN8-HA-7825 Unity Connection 8.x HA for 7825
UNITYCN8-HA-PAK Unity Connection 8.x HA PAK
CON-ESW-CUWlllC ESSENTIAl SW CUWl Top level-See Svc on Components
CON-ESW-UWlST1 ESSENTIAl SW Svcs Mapping SKU,Under 1k UWl STD users
Cisco VG202 Analoo Gatewav
VG202
CAB-AC
Cisco VG202 Analog Voice Gateway
Power COrd,11 OV
1
.-
~
Data Vox
System Quotation
Valid for 30 Days
SVGXIPV-15001M
CAB-ETH-S-RJ45
PWR-30W-AC
CON-SNT -VG202
Cisco Voice Gateway 20x Series IP VOICE W/O CRYPTO
Yel/ow Cable for Ethernet, Straight-through, RJ-45, 6 feet
Power Supply 30 Watt AC
SMARTNET 8X5XNBD Cisco VG202 Analog Voice Gateway
8
8
8
8
$0.00
$0.00
$0.00
$416.00
2
DIR Contract No. DIR-SDD-1374
Vendor Contract No.
STATE OF TEXAS
DEPARTMENT OF INFORMATION RESOURCES
CONTRACT FOR PRODUCTS AND RELATED SERVICES
Data Yox, Inc.
1. Introduction
A. Parties
This Contract for products and related services is entered into between the State of Texas,
acting by and through the Department of Information Resources (hereinafter "DIR") with
its principal place of business at 300 West 15th Street, Suite 1300, Austin, Texas 78701,
and DataYox, Inc. (hereinafter "Vendor"), with its principal place of business at 2000 W.
Sam Houston Parkway S. 9th Floor, Houston, Texas 77042.
B. Compliance with Procurement Laws
This Contract is the result of compliance with applicable procurement laws of the State of
Texas. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State
Business Daily, Request for Offer (RFO) DIR-SDD-TMP-I53, on December 18, 2009,
for Data Communications & Telecommunications Networking Equipment and Related
Services. Upon execution of this Contract, a notice of award for RFO DIR-SDD- TMP-
153 shall be posted by DIR on the Electronic State Business Daily.
C. Order of Precedence
This Contract; Appendix A, Standard Terms and Conditions For Products and Related
Services Contracts; Appendix B, Vendor's Historically Underutilized Businesses
Subcontracting Plan; Appendix C, Pricing Index; Exhibit 1, Vendor's Response to RFO
DIR-SDD-TMP-I53, including all addenda; and Exhibit 2, RFO DIR-SDD-TMP-I53,
including all addenda; are incorporated by reference and constitute the entire agreement
between D IR and Vendor. In the event of a conflict between the documents listed in this
paragraph, the controlling document shall be this Contract, then Appendix A, then
Appendix B, then Appendix C, then Exhibit 1, and finally Exhibit 2. In the event and to
the extent any provisions contained in multiple documents address the same or
substantially the same subject matter but do not actually conflict, the more recent
provisions shall be deemed to have superseded earlier provisions.
2. Term of Contract
The term of this Contract shall be one (1) year commencing on the last date of approval
by DIR and Vendor. Prior to expiration of the original term, DIR and Vendor may extend
the Contract, upon mutual agreement, for up to three (3) optional one-year terms.
Page 1 of 10
D1R Contract No. DlR-SDD-1374
Vendor Contract No.
3. Product and Service Offerings
A. Products
Products available under this Contract are limited to Data Communications &
Telecommunications Networking Equipment and Related Services as specified in
Appendix C, Pricing Index. Vendor may incorporate changes to their product
offering; however, any changes must be within the scope of products awarded based
on the posting described in Section 1.B above. Vendor may not add a manufacturer's
product line which was not included in the Vendor's response to the solicitation
described in Section 1.B above.
B. Services
Services available under this Contract are limited to those services specifically related
to Data Communications & Telecommunications Networking Equipment and Related
Services as specified in Appendix C, Pricing Index. Vendor may incorporate changes
to their service offering; however, any changes must be within the scope of services
awarded based on the posting described in Section 1.B above.
4. Pricing
A. Manufacturer's Suggested Retail Price (MSRP)
MSRP is defined as the product sales price suggested by the manufacturer or
publisher of a product.
B. Customer Discount
The minimum Customer discount for all products and services will be the percentage
off MSRP as specified in Appendix C. Customer Discount includes the DIR
administrative Fee specified in Section 5.
C. Customer Price
1) The price to the Customer shall be calculated as follows:
Customer Price = MSRP - Customer Discount
2) Customers purchasing products and services under this Contract may negotiate
more advantageous pricing or participate in special promotional offers. In such event,
a copy of such better offerings shall be furnished to DIR upon request.
3) If pricing for products or services available under this Contract are provided at a
lower price to: (i) an eligible Customer who is not purchasing those products or
services under this Contract or (ii) any other entity or consortia authorized by Texas
law to sell said products and services to eligible Customers, then the available
Customer Price in this Contract shall be adjusted to that lower price. This Contract
shall be amended within ten (10) business days to reflect the lower price.
Page 2 ofl 0
DIR Contract No. DIR-SDD-1374
Vendor Contract No.
D. DIR Administrative Fee
The administrative fee specified in Section 5 below shall not be broken out as a
separate line item when pricing or invoice is provided to Customer.
E. Shipping and Handling Fees
The price to the Customer under this Contract shall include all shipping and handling
fees. Shipments will be Free On Board Customer's destination. No additional fees
shall be charged to the Customer for standard shipping and handling. If the Customer
requests expedited delivery, Customer will be responsible for any charges for
expedited delivery.
F. Tax-Exempt
As per Section 151.309, Texas Tax Code, Customers under this Contract are exempt
from the assessment of State sales, use and excise taxes. Further, Customers under
this Contract are exempt from Federal Excise Taxes, 26 United States Code Sections
4253(i) and 0).
G. Travel Expense Reimbursement
Pricing for services provided under this Contract are exclusive of any travel expenses
that may be incurred in the performance of those services. Travel expense
reimbursement may include personal vehicle mileage or commercial coach
transportation, hotel accommodations, parking and meals; provided, however, the
amount of reimbursement by Customers shall not exceed the amounts authorized for
state employees as adopted by each Customer; and provided, further, that all
reimbursement rates shall not exceed the maximum rates established for state
employees under the current State Travel Management Program. Travel time may not
be included as part of the amounts payable by Customer for any services rendered
under this Contract. The DIR administrative fee specified in Section 5 below is not
applicable to travel expense reimbursement. Anticipated travel expenses must be pre-
approved in writing by Customer.
H. Changes to Prices
Vendor may change the price of any product or service at any time, based upon
changes to the MSRP, but discount levels shall remain consistent with the discount
levels specified in this Contract. Price decreases shall take effect automatically during
the term of this Contract and shall be passed onto the Customer immediately.
5. DIR Administrative Fee
A) The administrative fee to be paid by the Vendor to DIR based on the dollar value of
all sales to Customers pursuant to this Contract is one percent (1.00%). Payment will be
calculated for all sales, net ofretums and credits. For example, the administrative fee for
sales totaling $100,000 shall be $1,000.
Page 3 of 10
DIR Contract No. DIR-SDD-1374
Vendor Contract No.
B) All prices quoted to Customers shall include the administrative fee. DIR reserves the
right to change this fee upwards or downwards during the term of this Contract, upon
written notice to Vendor. Any change in the administrative fee shall be incorporated in
the price to the Customer.
6. Notification
All notices under this Contract shall be sent to a party at the respective address indicated
below.
If sent to the State:
Sherri Parks, Director
Contracting & Procurement Services
Department of Information Resources
300 West 15th Street, Suite 1300
Austin, Texas 78701
Phone: (512) 475-4700
Facsimile: (512) 475-4759
Email: sherri.parks@dir.state.tx.us
If sent to the Vendor:
Steve Ferguson
Data Vox, Inc.
2000 W. Sam Houston Parkway S. 9th Floor
Houston, Texas 77042
Phone: (713) 881-7103
Facsimile: (713) 881-7203
Email: steve@datavox.net
7. Software License
A. Shrink/Click-wrap License Agreement
Regardless of any other provision or other license terms which may be issued by
Vendor after the effective date of this Contract, and irrespective of whether any such
provisions have been proposed prior to or after the issuance of a Purchase Order for
products licensed under this Contract, or the fact that such other agreement may be
affixed to or accompany software upon delivery (shrink-wrap), the terms and
conditions set forth in this Contract shall supersede and govern the license terms
between Customers and Vendor. It is the Customer's responsibility to read the
Shrink/Click-wrap License Agreement and determine if the Customer accepts
the license terms as amended by this Contract. H the Customer does not agree
with the license terms, Customer shall be responsible for negotiating with the
reseller to obtain additional changes in the Shrink/Click-wrap License
Agreement language from the software publisher.
Page 4 of 10
DlR Contract No. DlR-SDD-1374
Vendor Contract No.
8. Intellectual Property Matters
A. Definitions
1." Work Product" means any and all deliverables produced by Vendor for Customer
under a Statement of Work issued pursuant to this Contract, including any and all
tangible or intangible items or things that have been or will be prepared, created,
developed, invented or conceived at any time following the effective date of the
Contract, including but not limited to any (i) works of authorship (such as manuals,
instructions, printed material, graphics, artwork, images, illustrations, photographs,
computer programs, computer software, scripts, object code, source code or other
programming code, HTML code, flow charts, notes, outlines, lists, compilations,
manuscripts, writings, pictorial materials, schematics, formulae, processes,
algorithms, data, information, multimedia files, text web pages or web sites, other
written or machine readable expression of such works fixed in any tangible media,
and all other copyrightable works), (ii) trademarks, service marks, trade dress, trade
names, logos, or other indicia of source or origin, (iii) ideas, designs, concepts,
personality rights, methods, processes, techniques, apparatuses, inventions, formulas,
discoveries, or improvements, including any patents, trade secrets and know-how, (iv)
domain names, (v) any copies, and similar or derivative works to any of the
foregoing, (vi) all documentation and materials related to any of the foregoing, (vii)
all other goods, services or deliverables to be provided to Customer under the
Contract or a Statement of Work, and (viii) all Intellectual Property Rights in any of
the foregoing, and which are or were created, prepared, developed, invented or
conceived for the use or benefit of Customer in connection with this Contract or a
Statement of Work, or with funds appropriated by or for Customer or Customer's
benefit: (a) by any Vendor personnel or Customer personnel, or (b) any Customer
personnel who then became personnel to Vendor or any of its affiliates or
subcontractors, where, although creation or reduction-to-practice is completed while
the person is affiliated with Vendor or its personnel, any portion of same was created,
invented or conceived by such person while affiliated with Customer.
2. "Intellectual Property Rights" means the worldwide legal rights or interests
evidenced by or embodied in: (i) any idea, design, concept, personality right, method,
process, technique, apparatus, invention, discovery, or improvement, including any
patents, trade secrets, and know-how; (ii) any work of authorship, including any
copyrights, moral rights or neighboring rights; (iii) any trademark, service mark, trade
dress, trade name, or other indicia of source or origin; (iv) domain name registrations;
and (v) any other proprietary or similar rights. The Intellectual Property Rights of a
party include all worldwide legal rights or interests that the party may have acquired
by assignment or license with the right to grant sublicenses.
3. "Statement of Work" means a document signed by Customer and Vendor
describing a specific set of activities and/or deliverables, which may include Work
Product and Intellectual Property Rights, that Vendor is to provide Customer, issued
pursuant to the Contract.
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DlR Contract No. DlR-SDD-1374
Vendor Contract No.
4. "Third Party IP" means the Intellectual Property Rights of any third party not a
party to this Contract, and which is not directly or indirectly providing any goods or
services to Customer under this Contract.
5. "Vendor IP" shall mean all tangible or intangible items or things, including the
Intellectual Property Rights therein, created or developed by Vendor (a) prior to
providing any Services or Work Product to Customer and prior to receiving any
documents, materials, information or funding from or on behalf of Customer relating
to the Services or Work Product, or (b) after the Effective Date of the Contract if such
tangible or intangible items or things were independently developed by Vendor
outside Vendor's provision of Services or Work Product for Customer hereunder and
were not created, prepared, developed, invented or conceived by any Customer
personnel who then became personnel to Vendor or any of its affiliates or
subcontractors, where, although creation or reduction-to-practice is completed while
the person is affiliated with Vendor or its personnel, any portion of same was created,
invented or conceived by such person while affiliated with Customer.
B. Ownership.
As between Vendor and Customer, the Work Product and Intellectual Property Rights
therein are and shall be owned exclusively by Customer, and not Vendor. Vendor
specifically agrees that the Work Product shall be considered "works made for hire" and
that the Work Product shall, upon creation, be owned exclusively by Customer. To the
extent that the Work Product, under applicable law, may not be considered works made
for hire, Vendor hereby agrees that the Contract effectively transfers, grants, conveys,
assigns, and relinquishes exclusively to Customer all right, title and interest in and to all
ownership rights in the Work Product, and all Intellectual Property Rights in the Work
Product, without the necessity of any further consideration, and Customer shall be
entitled to obtain and hold in its own name all Intellectual Property Rights in and to the
Work Product. Vendor acknowledges that Vendor and Customer do not intend Vendor to
be a joint author of the Work Product within the meaning of the Copyright Act of 1976.
Customer shall have access, during normal business hours (Monday thru Friday, 8AM to
5PM) and upon reasonable prior notice to Vendor, to all Vendor materials, premises and
computer files containing the Work Product. Vendor and Customer, as appropriate, will
cooperate with one another and execute such other documents as may be reasonably
appropriate to achieve the objectives herein. No license or other right is granted
hereunder to any Third Party IP, except as may be incorporated in the Work Product by
Vendor.
c. Further Actions.
Vendor, upon request and without further consideration, shall perform any acts that may
be deemed reasonably necessary or desirable by Customer to evidence more fully the
transfer of ownership and/or registration of all Intellectual Property Rights in all Work
Product to Customer to the fullest extent possible, including but not limited to the
execution, acknowledgement and delivery of such further documents in a form
determined by Customer. In the event Customer shall be unable to obtain Vendor's
signature due to the dissolution of Vendor or Vendor's unreasonable failure to respond to
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D1R Contract No. D1R-SDD-1374
Vendor Contract No.
Customer's repeated requests for such signature on any document reasonably necessary
for any purpose set forth in the foregoing sentence, Vendor hereby irrevocably designates
and appoints Customer and its duly authorized officers and agents as Vendor's agent and
Vendor's attorney-in-fact to act for and in Vendor's behalf and stead to execute and file
any such document and to do all other lawfully permitted acts to further any such purpose
with the same force and effect as if executed and delivered by Vendor, provided however
that no such grant of right to Customer is applicable if Vendor fails to execute any
document due to a good faith dispute by Vendor with respect to such document. It is
understood that such power is coupled with an interest and is therefore irrevocable.
Customer shall have the full and sole power to prosecute such applications and to take all
other action concerning the Work Product, and Vendor shall cooperate, at Customer's
sole expense, in the preparation and prosecution of all such applications and in any legal
actions and proceedings concerning the Work Product.
D. Waiver of Moral Rights.
Vendor hereby irrevocably and forever waives, and agrees never to assert, any Moral
Rights in or to the Work Product which Vendor may now have or which may accrue to
Vendor's benefit under U.S. or foreign copyright or other laws and any and all other
residual rights and benefits which arise under any other applicable law now in force or
hereafter enacted. Vendor acknowledges the receipt of equitable compensation for its
assignment and waiver of such Moral Rights. The term "Moral Rights" shall mean any
and all rights of paternity or integrity of the Work Product and the right to object to any
modification, translation or use of the Work Product, and any similar rights existing
under the judicial or statutory law of any country in the world or under any treaty,
regardless of whether or not such right is denominated or referred to as a moral right.
E. Confidentiality.
All documents, information and materials forwarded to Vendor by Customer for use in
and preparation of the Work Product, shall be deemed the confidential information of
Customer, and subject to the license granted by Customer to Vendor under sub-paragraph
H. hereunder, Vendor shall not use, disclose, or permit any person to use or obtain the
Work Product, or any portion thereof, in any manner without the prior written approval of
Customer.
F. Injunctive Relief.
The Contract is intended to protect Customer's proprietary rights pertaining to the Work
Product, and the Intellectual Property Rights therein, and any misuse of such rights would
cause substantial and irreparable harm to Customer's business. Therefore, Vendor
acknowledges and stipulates that a court of competent jurisdiction may immediately
enjoin any material breach of the intellectual property, use, and confidentiality provisions
of this Contract, upon a request by Customer, without requiring proof of irreparable
injury as same should be presumed.
G. Return of Materials Pertaining to Work Product
Upon the request of Customer, but in any event upon termination or expiration of this
Contract or a Statement of Work, Vendor shall surrender to Customer all documents and
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DIR Contract No. DIR-SDD-1374
Vendor Contract No.
things pertaining to the Work Product, including but not limited to drafts, memoranda,
notes, records, drawings, manuals, computer software, reports, data, and all other
documents or materials (and copies of same) generated or developed by Vendor or
furnished by Customer to Vendor, including all materials embodying the Work Product,
any Customer confidential information, or Intellectual Property Rights in such Work
Product, regardless of whether complete or incomplete. This section is intended to apply
to all Work Product as well as to all documents and things furnished to Vendor by
Customer or by anyone else that pertains to the Work Product.
H. Vendor License to Use.
Customer hereby grants to Vendor a non-transferable, non-exclusive, royalty-free, fully
paid-up license to use any Work Product solely as necessary to provide the Services to
Customer. Except as provided in this Section, neither Vendor nor any Subcontractor
shall have the right to use the Work Product in connection with the provision of services
to its other customers without the prior written consent of Customer, which consent may
be withheld in Customer's sole discretion.
I. Third-Party Underlying and Derivative Works.
To the extent that any Vendor IP or Third Party IP are embodied or reflected in the Work
Product, or are necessary to provide the Services, Vendor hereby grants to the Customer,
or shall obtain from the applicable third party for Customer's benefit, the irrevocable,
perpetual, non-exclusive, worldwide, royalty-free right and license, for Customer's
internal business purposes only, to (i) use, execute, reproduce, display, perform,
distribute copies of, and prepare derivative works based upon such Vendor IP or Third
Party IP and any derivative works thereof embodied in or delivered to Customer in
conjunction with the Work Product, and (ii) authorize others to do any or all of the
foregoing. Vendor agrees to notify Customer on delivery of the Work Product or
Services if such materials include any Third Party IP. On request, Vendor shall provide
Customer with documentation indicating a third party's written approval for Vendor to
use any Third Party IP that may be embodied or reflected in the Work Product.
J. Agreement with Subcontracts.
Vendor agrees that it shall have written agreement(s) that are consistent with the
provisions hereof related to Work Product and Intellectual Property Rights with any
employees, agents, consultants, contractors or subcontractors providing Services or Work
Product pursuant to the Contract, prior to their providing such Services or Work Product,
and that it shall maintain such written agreements at all times during performance of this
Contract, which are sufficient to support all performance and grants of rights by Vendor.
Copies of such agreements shall be provided to the Customer promptly upon request.
K. License to Customer.
Vendor grants to Customer, a perpetual, irrevocable, royalty free license, solely for the
Customer's internal business purposes, to use, copy, modify, display, perform (by any
means), transmit and prepare derivative works of any Vendor IP embodied in or delivered
to Customer in conjunction with the Work Product. The foregoing license includes the'
right to sublicense third parties, solely for the purpose of engaging such third parties to
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DIR Contract No. DIR-SDD-1374
Vendor Contract No.
assist or carryout Customer's internal business use of the Work Product. Except for the
preceding license, all rights in Vendor IP remain in Vendor.
L. Vendor Development Rights.
To the extent not inconsistent with Customer's rights in the Work Product or as set forth
herein, nothing in this Contract shall preclude Vendor from developing for itself, or for
others, materials which are competitive with those produced as a result of the Services
provided hereunder, provided that no Work Product is utilized, and no Intellectual
Property Rights of Customer therein are infringed by such competitive materials. To the
extent that Vendor wishes to use the Work Product, or acquire licensed rights in certain
Intellectual Property Rights of Customer therein in order to offer competitive goods or
services to third parties, Vendor and Customer agree to negotiate in good faith regarding
an appropriate license and royalty agreement to allow for such.
9. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product
and Related Services Contracts.
No exceptions.
(The remainder of this page intentionally left blank)
Page 9 of 10
DIR Contract No. DIR-SDD-1374
Vendor Contract No.
This Contract is executed to be effective as of the date of last signature.
Data Vox, Inc.
Authorized By:
Signature on File
Name: Steve Ferguson
Title: President
Date: 5/17/10
The State of Texas, acting by and through the Department of Information Resources
Authorized By: Signature on File
Name: Cindy Reed
Title: Deputy Executive Director
Operations & Statewide Technology Sourcing
Date: 5/18110
Legal: cik 5/18/10
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Data Vox
SCOPE OF WORK
City of La Porte
Scope of Work Approvals
Parties to Agreement
This Statement of Work ("SOW) is made and entered into between Datavox, Inc., 2000 West
Sam Houston Parkway South, 9th Floor, Houston, TX 77042 ("Datavox") and City of La Porte
604 W. Fairway Parkway La Porte, Texas 77571 ("City of La Porte or Customer"), as of the
date last written below ("Effective Date").
Terms
The customer agrees to purchase, and Datavox agrees to provide certain services and
deliverables ("Services") as defined in this SOW, subject to the terms and conditions that
follow. The terms of this SOW are limited to the scope of this SOW and shall not be
applicable to any other SOWs.
Table of Contents
Scope of Work Approvals ................................... ............ .......................................... ...... ........... ............................. ..1
Parties to Agreement................................................................................................................................... .. 1
T enns ....................................... .............................. ....................................................................................... 1
Tab Ie of Contents ........ .................................... .......................................................................................................... 1
Approval Signatures............................................................ ...................................... ................................................2
Roles and Responsibilities ........... ......... ...... ....... .... .............................................. ..... ...... ..................... ..... ...... .......... 3
City of La Porte .... ............................................................ ............................................................................ 3
Datavox............................................ ............................... .............................................................................. 3
Project Resources.................................................................................................................................... .................. 3
Project Obj ectives ................................... ........................................................................................ .......................... 3
Project Plan............................................................................................................ ...................................................4
Phase 1 - Pre-Installation ...................................... ....................................................................................... 4
Phase 2 - Upgrade Communication Manager and Unity ..............................................................................4
Out of Scope Tasks ................................................................................................ ................................ ............ .......5
Project Cost.... .............. .......................................... ................................................................................................... 5
DataVox quote to perfonn this Scope of work is $ 20,400.00 ..................................................................................5
Project Management Services ... ................. ...... ...... ....... ................. ...... .................. ........ .... ............................. ... ....... 6
T enns and Conditions ............................................................................. .................................................................. 7
Purchase Orders and Limitations of Warranties. ..........................................................................................7
Limitation of Liability ..................................................... ............................................................................. 7
Work Hours .................... ............. .............. ....... ................ ....... ............ .......... ............ .................... ..... .......... 7
Non-So Iicitati on of Employees..................................................................................................................... 8
Travel Expenses................. ........................................................................................................ ................... 8
Virus Protection...................................................................................................................................... ...... 8
Data Back-Up ........................................................................................... ............. ....................................... 8
Force Majeure, Choice of Law and Venue ...................................................................................................9
Miscellaneous............................................................................... ................................................................ 9
Datavox, Inc. Proprietary and Confidential
October 6, 2010
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City of La Porte
Approval Signatures
IN WITNESS WHEREOF, the duly authorized repre
caused this SOW to be duly executed.
Name:
Name:
Datavox, Inc.
By:
City of
By:
(Signature)
Trtle:
Title:
Date:
Date:
Datavox, Inc. Proprietary and Confidential
October 6, 20 I 0
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SCOPE OF WORK
City of La Porte
Roles and Responsibilities
This project will involve cooperative efforts of multiple organizations. A high level description of the
various organizational roles is provided below.
City of La Porte
o Attend and actively participate in project meetings as required
o Communication to City of La Porte end users as needed
o Coordinate scheduled work windows
o Coordinate meetings with Telco, network and server teams as needed
o Provide Datavox with access to all devices as needed
o Manage and communicate change windows with key stakeholders
o Provide acceptance of each phase
//
Datavox
o Datavox will provide project management for all tasks described herein
o Attend and actively participate in project meetings as required
o Continue to evolve details as needed based on findings.
o Complete work defined the Project Plan section of this document
o Perform knowledge transfer to City of La Porte technical team
o Provide project deliverables as detailed below
Project Resources
Datavox will assign a lead project engineer who will remain in this role throughout the project. The
lead project engineer will incorporate additional engineering resources in the project as needed. All
personnel will have the requisite certifications and skills necessary to perform as experts to fulfill the
project scope. Datavox strives to keep the same project team intact throughout the project but
reserves the right to make changes to the team as necessary. Datavox will notify City of La Porte of
any changes made to the team resources.
Project Objectives
The primary objectives of this project are as follows:
o Upgrade 2 Cisco Unified Communication Manager servers and 1-Cisco Unity Server
to Release 8 on new servers.
Datavox, Inc. Proprietary and Confidential
October 6, 2010
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SCOPE OF WORK
City of La Porte
Project Plan
Phase 1 - Pre-Installation
Phase 1 of this project will consist of the following actions and items.
. Schedule meetings with clients and service providers
. Coordinate scheduling to work with City of La Porte team
. Gather information from necessary network devices
Phase 2 - Upgrade Communication Manager and Unity
Phase 2 of this project will consist of the following actions and items. Note that these items
may evolve as needed based on the results of Phase 1
o The Cisco Unified Communication Manager upgrade will entail installing Cisco Unified
Communication Manager 8 on new servers. A base system will be programmed and
the existing customer phones and sites will be imported into the new Cisco Unified
Communication Manager.
o Prior to cutting over to Cisco Unified Communication Manager 8.0, the firmware loads
on the phones will need to be updated to match the version in Cisco Unified
Communication Manager 8.0. This step will save time on the night of the cutover so
that the phones will not have to upgrade when the new Cisco Unified Communication
Manager is connected to the network.
o The Cisco Unity upgrade will entail installing Unity Release 8 on new servers.
o The Unity TSP file will need to be updated after the upgrade of Cisco Unified
Communication Manager to provide connectivity to voicemail.
o The Unity upgrade is based on your current version of 4.x being upgraded to Version
8
o Part of this plan will include a testing and go live time line and adding LDAP
integration.
Project Deliverables
Datavox will coordinate a project wrap up meeting after completion of the project. The project
wrap-up meeting will be used to review the project success and discuss lessons learned.
Datavox will provide the following project deliverables at this time.
. Provide deployment documentation for new additions to Cisco Unified
Communications Manager, Unity and UCCX at the completion of the implementation
Datavox, Inc. Proprietary and Confidential
October 6, 2010
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SCOPE OF WORK
City of La Porte
· Provide as built documentation that details the network configuration for all devices
· Provide project summary and technical knowledge transfer as part of project hand off
. Provide City of La Porte with a site addition template
Out of Scope Tasks
Any item or task not specifically enumerated in this document will be considered outside the scope of
this project.
City of La Porte provided servers may not be compatible with Cisco Installation CD's.
DataVox is not responsible to match the server hardware to the Cisco server specifications to
make those servers operate properly. Any additional time spent on server hardware issues
are beyond the scope of work and is billable
Project Cost
DataVox quote to perform this Scope of work is $ 20,400.00
Datavox, Inc. ProprietaIy and Confidential
October 6, 2010
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DataVox
SCOPE OF WORK
City of La Porte
ADDITIONAL HOURLY BILLING PROCESS Prepaid hours will be used at the following rate:
Hours
M-F 8 a.m. to 5 p.m.
(CST)
M-F 5 p.m. to 8 am.
(CST) *
All Days & Hours*
All Days & Hours*
Hourly
Rate
$170 I hr.
1 % hr. I hr. worked*
2 hr. I hr. worked*
2 hr. I hr. worked*
Remote
Bill Rate
(1 hr. minimum)
1 hr. increments
+ % hr. tri char e
(% hr. minimum)
% hr. increments
(2 hr. minimum) *
1 hr. increments
+ % hr. tri cha e
(1 hr. minimum)*
% hr. increments
Onsite Bill
Rate
(2 hr. minimum) *
1 hr. increments
(4 hr. minimum)*
1 hr. increments
Hours
M-F 8 a.m. to 5 p.m.
(CST)
M-F 5 p.m. to 8 am.
(CST) *
All Days & Hours*
All Days & Hours*
. THE HOURLY MINIMUMS LISTED FOR AFTER-HOURS, WEEKENDS AND HOLIDAYS ARE FOR HIGH PRIORllY, EMERGENCY
SERVICE ONLY. Scheduled support outside of listed standard hours may vary from the above minimums. Resource availability and
scheduling for non- emergency after-hours, weekend and holiday support is provided at the sole discretion of DataVox.
Project Management Services
Within the current scope of work, it is assumed that Datavox's lead project engineer will provide and
maintain a project schedule and manage all tasks conducted by Datavox.
o DataVox will provide a Microsoft Project schedule
o DataVox will work with City of La Porte on a testing and go live time line which will be
included in the project plan.
o Develop and execute a communication plan to prepare and guide City of La Porte
through the cutover.
o Coordinate, monitor and manage tasks throughout the project. Make adjustments as
necessary to achieve project goals within budget and schedule
Datavox, Inc. Proprietary and Confidential
October 6, 2010
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SCOPE OF WORK
City of La Porte
Terms and Conditions
Purchase Orders and Limitations of Warranties.
Any purchase order submitted by CITY OF LA PORTE in connection with this SOW shall be
deemed subject to the terms of this SOW; Datavox's performance of such purchase order
shall not constitute Datavox's acceptance of new or different terms, including pre-printed
terms on such order. Datavox shall invoice CITY OF LA PORTE for services in accordance
with the terms stated in the SOW. CITY OF LA PORTE shall pay all taxes, except for taxes
due on Datavox's net income. Datavox warrants that services shall be provided by competent
personnel in accordance with applicable professional standards. Datavox MAKES NO
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE.
CITY OF LA PORTE acknowledges that Datavox, its vendors, and/or its licensors retain all
patents and/or copyrights in and to all proprietary data, processes and programs, if any,
provided in connection with services performed hereunder; any Datavox software provided to
CITY OF LA PORTE as part of the services provided shall be subject to the vendor's
copyright and licensing policy. To the extent such software is prepared by Datavox, it is
provided by nontransferable, nonexclusive license for CITY OF LA PORTE's internal use only,
subject strictly to the terms and conditions of this Agreement, and shall terminate upon
termination or expiration of this Agreement. CITY OF LA PORTE shall not duplicate, use or
disclose for the benefit of third parties, reverse engineer or decompile any such software.
Limitation of Liability
IN NO EVENT SHALL DATAVOX BE LIABLE TO CITY OF LA PORTE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY
KIND WHATSOEVER, ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; DATAVOX'S ENTIRE LIABILITY
AND CITY OF LA PORTE'S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE OR
MISREPRESENTATION, AND REGARDLESS OF THE FORM OF ACTIONS, SHALL BE
LIMITED TO THE AMOUNT WHICH HAS BEEN ACTUALLY PAID TO Datavox BY CITY OF
LA PORTE FOR SERVICES AND/OR PERFORMANCE HEREUNDER.
Without limiting the foregoing, Datavox will have no responsibility for the adequacy or
performance of (i) any third party software provided to Datavox under this agreement; (ii) any
hardware, and (iii) any services provided by any third party.
Work Hours
Datavox has priced the professional service proposal assuming that all work will be done
during normal business hours which Datavox defines as Monday - Friday, 8am - 5pm,
excluding holidays. Datavox has accounted for two after hours activities which includes the
system go live of the network and communication system. These project milestone activities
can be scheduled outside of normal business hours Monday - Friday, excluding holidays.
The start time for this activity can be scheduled to start no later than 7pm. Any request to
perform the system go live or any other activity outside of normal business hours is
Datavox, Inc. Proprietary and Confidential
October 6, 20 I 0
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DataVox
SCOPE OF WORK
City of La Porte
considered outside the scope of work and will result in additional project costs. Scheduling
and availability of resources outside of normal business hours is not guaranteed.
Non-Solicitation of Employees
Customer agrees not to hire or otherwise solicit employment of any Datavox employee for a
period of two (2) years after the date of this agreement. Customer agrees that the damages
to Datavox for any breach of this section will be substantial, but difficult to ascertain.
Accordingly, if Customer breaches this agreement, it shall pay to Datavox an amount equal to
the annual compensation of the Datavox employee solicited or hired, which amount shall be
paid as liquidated damages, as a good faith effort to estimate the fair, reasonable and actual
damages to Datavox, and not as a penalty. Nothing in this agreement shall be construed to
prohibit Datavox from pursuing any other available rights or remedies it may have against the
employee.
Travel Expenses
The customer is responsible for travel expenses incurred throughout the project. Travel
expenses include airfare, accommodations, transportation and per diem. These expenses
are passed from Datavox to the customer at the cost incurred.
Virus Protection
Customer agrees and understands it is Customer's responsibility to install and run an antivirus
program on all workstations and servers at/or prior to installation. Customer agrees to take
whatever steps Customer deems appropriate to ensure there is adequate and up to date virus
protection on all workstations and servers. Customer expressly agrees that Datavox, Inc shall
have no liability for the loss of any such data, downtime or other damage caused by a computer
virus.
Data Back-Up
Customer agrees to take whatever steps Customer deems appropriate to ensure there are
adequate, up to date back-ups made of databases. Datavox assumes no responsibility for
retaining a system backup or ensuring that standard system back up procedures are in place
or operational. CITY OF LA PORTE is responsible for maintaining its own procedures for the
reconstruction of lost or altered files, backup or saving of data or programs to the extent
deemed necessary by CITY OF LA PORTE and for actually reconstructing any lost or altered
files, data or programs. Datavox assumes no responsibility for the protection of CITY OF LA
PORTE's data. Datavox is not liable for damage to software or data caused by service to the
computer hardware equipment. CITY OF LA PORTE agrees that it shall have the sole
responsibility for safeguarding the software and data during service work performed by
Datavox. Datavox is not liable for software damage due to any outside factor, i.e. software
virus.
Datavox, Inc. Proprietary and Confidential
October 6, 2010
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SCOPE OF WORK
City of La Porte
Force Majeure, Choice of Law and Venue
Neither party shall be liable for any failure or delay in performance of its obligations hereunder
where such performance is prevented or delayed by causes beyond its reasonable control,
including without limitation, flood, war, embargo, strike or other labor dispute, riot, acts of God
or the intervention of any government authority. This SOW and all matters relating thereto
shall be governed exclusively by the substantive law of the State of Texas and any dispute
relating directly or indirectly to this SOW or any other contract or agreement between the
parties shall be brought in a court of competent jurisdiction in Harris County, Texas, that being
the exclusive venue for any dispute between or any claims held by any of the parties to this
SOW.
Miscellaneous
This SOW constitutes the entire agreement of the parties and supersedes all prior written or
oral agreements, representations and understandings relating to the subject matter hereof.
This SOW shall not be amended or modified except by written instrument signed by the
parties.
Datavox, Inc. Proprietary and Confidential
October 6, 2010
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M
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
December 13. 2010
Bud2et
Requested By: Jeff Suggs
Source of Funds: Grant
Department: OEM
Account Number: 032-7087-532-8032
Report: X Resolution:
Ordinance:
Amount Budgeted: N/A
Exhibits: SHSP Grant 2010 Sub-Recipient Award
Amount Requested: $58,000
Exhibits:
Budgeted Item: YES NO X
Exhibits
SUMMARY & RECOMMENDATION
The City of La Porte has been awarded the State Homeland Security Program (SHSP) grant in the amount
of $58,000. As part of the Homeland Security Grant Program (HSGP), this assistance program is intended
to support the implementation of various homeland security strategies at the state and local levels. All
expenditures for this grant must be submitted to the State for reimbursement by July 31, 2012.
This grant will be used to upgrade the fencing and security systems of our wastewater treatment plant and
water distribution area. This project will include secure fencing, gated access and surveillance. The City's
Dispatch Center will be able to monitor the sites and deter the potential for unauthorized entry. These
sites are part of the critical infrastructure in our region. Strengthening security at these sites will allow us
to mitigate the potential for future disruption of this critical service.
The City will assume all maintenance and operating costs associated with this project. The total grant
award is $58,000 and is funded at 100%.
Preliminary Cost Estimate:
Fencing
Gated Access
Surveillance
$27,000
$10,000
$21,000
Total
$58,000
Action ReQuired bv Council:
e acceptance of the 2010 SHSP Grant in the amount of $58,000.
I.L Ii fro
Date
Texas Department of Public Safety
2010 Sub-Recipient Award
for
City of La Porte
October 20, 2010
3. SAA Award Number: 10-SR 41440-01
Federal Grant Title:
Homeland Security Grant Program
(HSGP)
State Homeland Security
Program(SHSP)
2010-SS-TO-0008
Mayor Louis Rigby
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
Federal Grant Award Number:
Date Federal Grant Awarded to TxDPS: August 1, 2010
Federal Granting Agency:
Department of Homeland Security
FEMA
Grant Programs Directorate
Grant Period:
SHSP Award
Amount (Federal)
CFDA: 97.073
From:
Aug 1, 2010
To:
Jul 31, 2012
$58,000.00
(The SAA must receive all invoices by the end of grant
period)
6. Statutory Authority for Grant: This project is supported under Department of Homeland Security Appropriations Act, 2010 (Public
Law 111-83).
7. Method of Payment: Primary method is reimbursement.
S. Debarment/Suspension Certification: The Sub-Recipient certifies that the sub-recipient and its contractors/vendors are not
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do
not appear in the Excluded Parties List System at http://www.epls.gov.2.8.9029.0
Approving TxDPS Official:
Signature of TxDPS Official:
Janice E. Bruno, Administrator
State Administrative Agency
Texas Department of Public Safety
~. &,:;::r
11. Enter Employer Identification Number (EIN) I Federal Tax Identification
12. Date Srgn~ ~
I have read and understand the attached Terms and Conditions.
Type name and title of Authorized Sub-Recipient official:
Louis R. Rigby. Mayor
74-6001552
13. DUE DATE:
December 4, 2010
Signed award and Direct Deposit Form (if applicable) must be returned to TxDPS on or before the above due date.
2010 TERMS AND CONDITIONS
Instructions:
The Sub-recipient must:
1. Fill in the contact information and sign the Sub-Recipient Awattf
2. Certify they have read and understand the Terms and Conditions by initialing the bottom of each page.
3. Fill in the contact information located on Page 4.
4. Certify to the statements provided in Exhibits A and Band C located at the back of this document by filling in contact information
and signing both exhibits.
5. Return all documents to the SAA in accottfance with the date provided in the transmittal letter and/or in the agreement.
Parties to Sub-recipient Agreement
This Sub-recipient Agreement (includes the Sub-recipient Award and the Terms and Conditions) is made and entered into by and between
the Department of Public Safety / State Administrative Agency, (DPS/SM) an agency of the State of Texas, hereinafter referred to as
"DPS/SM," and the funds recipient, hereinafter referred to as the "Sub-recipient." Furthermore, DPS/SAA and the Sub-recipient are
collectively hereinafter referred to as the "Parties." The Sub-recipient Agreement is only an offer until the Sub-recipient retums the signed
copy of the 2010 Sub-recipient Agreement in accordance with the date provided in the transmittal letter and/or in the agreement
Sub-recipient Agreement Award.
Sub-recipient must not assign or transfer any interest in this Sub-recipient Agreement without the express, prior written consent of the SAA.
Overview. and Performance Standards
All allocations and use of funds under this grant must be in accordance with the FY 2010 Guidelines and Application Kit for the
Federal Grant Title specified on the Sub-recipient Agreement Award. All award Sub-recipients are required to have read, understood
and accepted the FY 2010 Guidance and Application Kit as binding.
Standard of Performance. The Sub-recipient shall perform all activities and projects entered into the SM web-based grants management
system approved by its Regional Planning Group / Urban Area Working Group and/or by the State Administrative Agency (SM) as
applicable. The Sub-recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this
Sub-recipient agreement, Terms and Conditions and the following Exhibits located at the end of this document:
1. Assurance - Non-Construction Programs, hereinafter referred to as "Exhibit A"
2. Assurance - Construction Programs, hereinafter referred to as "Exhibit B"
3. Certification, hereinafter referred to as "Exhibit C"
Failure to Perform. In the event the Sub-recipient fails to implement the project(s) entered into the SM web-based grants management
system, or comply with any of this Sub-recipient agreement's provisions, in addition to the remedies specified in this Sub-recipient
agreement, the Sub-~ecipient is lia~lE;l to DP~!SM for an amount not to exceed the award amount of this Sub-recipient agreement and may
be barred from applying for or receiVIng additional DHS/FEMA grant program funds or any other federal program funds administered by
DPS/SM until repayment to DPS/SM is made and any other compliance or audit finding is satisfactorily resolved.
In;tial~Da'" I~D~IO
Page 2 OF 17
DPS/SAA Obligations
Measure of Liabilitv. DPS/SM shall not be liable to the Sub-recipient for any costs incurred by the Sub-recipient that are not allowable costs.
Sub-recioient Aareement Funds Defined and Limit of Liabilitv. The term "Sub-recipient agreement funds" as used in this Sub-recipient
agreement means funds provided by DPS/SM under the DHS/FEMA grant programs. The term "Sub-recipient's funds" or match funds as
used in this Sub-recipient agreement means funds provided by the Sub-recipient.
Notwithstanding any other provision of this Sub-recipient agreement, the total of all payments and other obligations incurred by DPS/SM
under this Sub-recipient agreement shall not exceed the Total Award Amount listed on the cover page of the Sub-recipient agreement.
Sub-recipient shall contribute the match funds listed on the Sub-recipient Award page.
Excess Pavments. The Sub-recipient shall refund to DPS/SM any sum of Sub-recipient agreement funds that has been paid to the
Sub-recipient by DPS/SM or that DPS/SM determines has resulted in overpayment to the Sub-recipient or that DPS/SM determines has
not been spent by the Sub-recipient in accordance with this Sub-recipient agreement. No refund payment(s) may be made from local, state
or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. The Sub-recipient shall make
such refund to DPS/SM within thirty (30) days after DPS/SM requests such refund.
Suspension
In the event the Sub-recipient fails to comply with any of this Sub-recipient Agreement's terms, DPS/SM may, upon written notification to
the Sub-recipient, suspend this Sub-recipient agreement in whole or in part, withhold payments to the Sub-recipient and prohibit the
Sub-recipient from incurring additional obligations of Sub-recipient agreement funds.
Termination
DPS/SM's Riaht to Terminate. DPS/SM shall have the right to terminate this Sub-recipient agreement, in whole or in part, at any time
before the end of the Performance Period, whenever DPS/SM determines that the Sub-recipient has failed to comply with any of this
Sub-recipient agreement's terms. DPS/SM shall notify the Sub-recipient in writing prior to the thirtieth (30th) day preceding the termination
of such determination and include:
1. the reasons for such termination;
2. the effective date of such termination; and
3. in the case of partial termination, the portion of the Sub-recipient agreement to be terminated.
Appeal will be made to the Deputy Director of Homeland Security, Department of Public Safety.
Enforcement
In taking an enforcement action, the awarding agency will provide the sub-recipient an opportunity for such
administrative proceeding to which the sub-recipient is entitled under any statute or regulation applicable t t
Initial
Date I ~ Dttl 0
page 3 OF 17
Conflict of Interest
No employee, officer or agent of the sub-recipient shall participate in selection, or in the award or administration of a contract supported by
Federal funds if a conflict of interest, real or apparent, would be involved,
Monitoring
Sub-recipients will be monitored periodically by federal or state agencies, both programmatically and financially, to ensure that project goals,
objectives, performance requirement, timelines, milestone completion, budget, and other related program criteria are being met.
DPS/SM reserves the right to perform periodic office-based and/or on-site monitoring of the Sub-recipient's compliance with this
Sub-recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub-recipient's performance pursuant to this
Sub-recipient agreement. After each monitoring visit, DPS/SM shall provide the Sub-recipient with a written report of the monitor's
findings. If the monitoring report notes deficiencies in the Sub-recipient's performance under this Sub-recipient agreement's terms, the
monitoring report shall include requirements for the timely correction of such deficiencies by the Sub-recipient. Failure by the Sub-recipient
to take action specified in the monitoring report may be cause for this Sub-recipient agreement's suspension or termination pursuant to the
Suspension and/or Termination Section.
Audit
Audit of Federal and State Funds. The Sub-recipient shall arrange for the performance of an annual financial and compliance audit of
Sub-recipient agreement funds received and performances rendered under this Sub-recipient agreement as required by the Single Audit
Act (OMS Circular A -133; 44 C.F.R. 13.26) and as outlined in Exhibit A. The Sub-recipient will also comply, as applicable, with Texas
Govemment Code, Chapter 783, 1 T AC 5.141.et.seq. and the Uniform Grant Management Standards (UGMS), State Uniform Administrative
Requirements for Grants and Cooperative Agreements.
DPS/SM's Richt to Audit. DPS/SM reserves the right to conduct a financial and compliance audit of Sub-recipient agreement funds
received and performances rendered under this Sub-recipient agreement. The Sub-recipient agrees to permit DPS/SM or its authorized
representative to audit the Sub-recipient's records. The sub-recipient shall provide any documents, materials or information necessary to
facilitate such audit.
Sub-recioient's Liabilitv for Disallowed Costs. The Sub-recipient understands and agrees that it shall be liable to DPS/SM for any costs
disallowed pursuant to financial and compliance audit(s) of Sub-recipient agreement funds. The Sub-recipient further understands and
agrees that reimbursement to DPS/SM of such disallowed costs shall be paid by the Sub-recipient from funds that were not provided or
otherwise made available to the Sub-recipient pursuant to this Sub-recipient agreement or any other federal contract.
Sub-recioient's Facilitation of Audit. The Sub-recipient shall take such action to facilitate the performance of such aUdit(s) conducted
pursuant to this Section as DPS/SM may require of the Sub-recipient The Sub-recipient shall ensure that this clause concerning the
authority to audit funds received indirectly by subcontractors through the Sub-recipient and the requirement to cooperate is included in any
subcontract it awards.
Other Requirements
A. During the performance period of this grant, Sub-recipients must maintain an Emergency Management Plan at the Intermediate
level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM). This may be
accomplished by a jurisdiction maintaining.its own emergency man~gem~nt plan ~r pa,rticipating in an in~e,r-jurisdictional eme~gency ,
management program that meets the reqUired slandams. 11 TDEM Idenll'es de'CIOnees m the SU~fS plan, Sul>-reCIplent w,"
correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM.
Initial Date ,?> 'DEl. 10
Page 4 OF 17
B. Projects identified in the SM web-based grant management system must identify and relate to the goals and objectives indicated
by the applicable approved project investments for the period of performance of the grant.
C. During the performance period of this grant, Sub-recipient agrees that it will participate in a legally-adopted county and/or regional
mutual aid agreement.
D. During the performance period, the Sub-recipient must be a registered user of the Texas Regional Response Network (TRRN) and
identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams/response units
equipped and/or trained using grant funds (Le. hazardous material, decontamination, search and rescue, etc.). This registration is to
ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid.
E. Sub-recipients must submit Fiscal Year 2010 Indirect Cost Allocation Plan signed by Cognizant Agency - 'Cognizant agency"
means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals
developed under 2 CFR part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant agencies. Plan should be
forwarded to the SM along with the Planning and Administration Grant Budget Form.
F. Council of Govemments (COG) will follow guidelines listed in the SM FY 10 COG Statement of Work.
G. Sub-recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty-free, non-exclusive, and irrevocable
license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any
work developed under an award or sub-award; and (2) any rights of copyright to which a recipient or Sub-recipient purchases
ownership with Federal support. The sub-recipient agrees to consult with DPS/SM regarding the allocation of any patent rights that
arise from, or are purchased with, this funding.
Closing the Grant
A. The Sub-recipient must have expended all grant funds and submitted expenditure reimbursement requests and any invoices by the
end of the performance period listed on the sub-recipient agreement.
B. DPS/SM will close a sub-award after receiving Sub-recipient's final performance report indicating that all approved work has been
completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling
actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the Sub-recipient is owed
additional funds, DPS/SM will send the final payment automatically to the Sub-recipient. If the Sub-recipient did not use all the funds
received, DPS/SM will issue a Grant Adjustment Notice (GAN) to recover the unused funds.
C. At the completion of the sub-recipient's performance period, DPS/SM will de-obligate all uncommitted / unexpended funds.
Restrictions. Disclaimers and Notices
A. In cases where local funding is established by a COG or UASI, governing board, the release of funds by DPS/SM is contingent
upon funding allocation approval by the governing board.
B. Notwithstanding any other agreement provisions, the parties hereto understand and agree that DPS/SM's obligations under this
agreement are contingent upon the receipt of adequate funds to meet DPS/SM's liabilities hereunder, except as required by IECGP
and HSGP grants. DPS/SM shall not be liable to the Sub-recipient for costs under this Agreement which exceed the amount specified
in the Notice of Sub-recipient Award.
C. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed
~y registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express, to the other party at
Its respective address set forth below or to the Point of Contact listed for the sub-recipient in the SM Grants Management System
shall be deemed received the following business day.
In,"al~ Dale _I ?>D€;(. 10
Page 5 OF 17
DPS/SAA Contact Information
Sub-Recipient Contact Information
(Please Fill-In Contact Infonnation below)
Deputy Director, Homeland Security
Texas Department of Public Safety
State Administrative Agency
Name: Jeff Suggs
Title: Emergency Management Coordinator
Agency: City of La Porte, Texas
Address: 604 W Fairmont Pkwy, La Porte, TX 77571
P.O. Box 4087
Austin, TX 78773-0220
Uniform Administrative Requirements. Cost Principals and Audit Requirements
Except as specifically modified by law or this Sub-recipient agreement's provisions, the Sub-recipient shall administer the award through
compliance with the most recent version of all applicable laws and Regulations. A non-exclusive list is provided below
A. Administrative Requirements
1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and local
Governments;
2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations (OMB Circular A-110).
B. Cost Principles
1. 2 C.F.R. Part 225, Cost Principles for State, local and Indian Tribal Governments (OMB Circular A-87)
2. 2 C.F.R. Part 220, Cost Principles for Education Institutions (OMB Circular A-21)
3. 2 C.F.R. Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122)
4. Federal Acquisition Regulations (FAR) Subpart 31.2, Contracts with Commercial Organizations
C. Audit Requirements - OMB Circular A-133, Audits of States, local Governments and Non-Profit Organizations.
D. Sub- recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment,
repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of
FEMA.
E. The sub-recipient agrees that all allocations and use of funds under this grant will be in accordance with the applicable FY2010
Grant Program Guidance and Application Kit.
F. The recipient must provide information to FEMA to assist with the legally-required environmental planning and historic preservation
(EHP) review and to ensure compliance with applicable EHP laws and Executive Orders (EO). These EHP requirements include but
are not limited to National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, EO 11988-
Floodplain Management, EO 11990 - Protection of Wetlands, and EO 12898 - Environmental Justice. The recipient must comply with
all Federal, State, and local EHP requirements and obtain applicable permits and clearances.
Recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or relates to the
use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical
security enhancements involving ground disturbance, new construction, and modifications to buildings that are 50 years old or older.
Recipient must comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any
changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can
proceed. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance
and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify
FEMA and the appropriate State Historical Preservation Office. Initiation of these activities prior to completion of FEMA's EHP review
will result in a non-compliance finding and may not be eligible for grant funding.
G. Sub-recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Sub-recipient
agreement's activities and performances rendered by the Sub-recipient including but not limited to the laws and the regulations
promulgated in State Administrative Agency Information Bulletins, and Texas Uniform Grants Management Standards (UGMS).
H. The sub-recipient(s) must, in addition to the assurances, comply and require each of its subcontractors employed in the completion
of the project to comp~ ",'h all applicable statulas, regu'ations, executive orde.., OMB cl='a.., '(j{L. condmons of the award,
and the approved application.
Initial Date \ '>) \)~L \ lJ
Page 6 OF 17
Retention and Accessibility of Records
Retention of Records. The Sub-recipient shall maintain fiscal records and supporting documentation for all expenditures of Sub-recipient
agreement funds pursuant to the applicable OMB Circular and this Sub-recipient agreement. The Sub-recipient shall retain these records
and any supporting documentation for the greater of three (3) years from the completion of this project's public objective, including program
requirements and financial obligations, or the period of time required by other applicable laws and regulations. Sub-recipient shall comply
with 44 CFR Section 13.42 and UGMS ~-_.42
Access to Records. The Sub-recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the
United States, the Texas State Auditor, DPS/SAA, or any of their duly authorized representatives, access to and the right to examine all
books, accounts, records, reports, files, other papers, things or property belonging to or in use by the Sub-recipient pertaining to this
Sub-recipient agreement including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as
the records are retained by the Sub-recipient. The Sub-recipient agrees to maintain such records in an accessible location and to provide
citizens reasonable access to such records consistent with the Texas Public Information Act, , and Texas Government Code Chapter 552.
Inclusion in Subcontracts. The Sub-recipient shall include the substance of this Section in all subcontracts.
Legal Authority
Sianatorv Authoritv. The Sub-recipient assures and guarantees that the Sub-recipient possesses the legal authority to enter into this
Sub-recipient agreement, receive Sub-recipient agreement funds and to perform the services the Sub-recipient has obligated itself to
perform pursuant to this Sub-recipient agreement.
Authorized Reoresentative. The person or persons signing and executing this Sub-recipient agreement on the Sub-recipient's behalf do
warrant and guarantee that he, she or they have been duly authorized by the Sub-recipient to execute this Sub-recipient agreement on the
Sub-recipient's behalf and to validly and legally bind the Sub-recipient to all contractual terms, performances and provisions.
Conflicts in Reauirements. If conflict exists between federal, state, or local requirements, the sub-recipient shall comply with the strictest
requirement. .
Notice of Litigation and Claims
The Sub-recipient shall give DPS/SAA immediate notice in writing of any action, including any proceeding before an administrative agency,
filed against the Sub-recipient arising out of the performance under this Sub-recipient agreement
Except as otherwise directed by DPS/SAA, the Sub-recipient shall furnish immediately to DPS/SAA copies of all documentation or pleadings
received by the Sub-recipient with respect to such action or claim.
Non-Waiver of Defaults
ANY FAILURE OF DPS/SAA, AT ANY TIME, TO ENFORCE OR REQUIRE THE STRICT KEEPING AND PERFORMANCE OF ANY
PROVISION OF THIS AGREEMENT WILL NOT CONSTITUTE A WAIVER OF SUCH PROVISION, AND WILL NOT AFFECT OR IMPAIR
SAME OR THE RIGHT OF DPS/SAA AT ANY TIME TO AVAIL ITSELF OF SAME. A WAIVER DOES NOT BECOME EFFECTIVE UNLESS
DPS/SAA EXPRESSLY AGREES TO SUCH WAIVER IN WRITING. ANY PAYMENT BY DPS/SAA SHALL NOT CONSTITUTE A WAIVER
OR OTHERWISE IMPAIR OR PREJUDICE ANY RIGHT, POWER, PRIVILEGE, OR REMEDY AVAILABLE TO DPS/SAA TO ENFORCE
ITS RIGHTS, AS SUCH RIGHTS, PD,^",RS, PRIVILEGES, AND REMEDIES ARE SPECIFICAllY PRF'
Initial Date \ ~ D~ lO
Page 7 OF 17
Indemnity
AS PERMITTED BY LAW, SUB-RECIPIENT SHALL INDEMNIFY, DEFEND AND HOLD DPS/SAA AND THE STATE OF TEXAS
(INCLUDING ITS DIRECTORS, COMMISSIONERS, EMPLOYEES, AGENTS AND THEIR SUCCESSORS) ("INDEMNITEES") HARMLESS
FROM AND AGAINST ANY OF THE FOLLOWING THAT ARISE OUT OF OR RESULT FROM SUB-RECIPIENT'S NEGLIGENCE (ANY
AND ALL), FAULT, ACT, FAILURE TO ACT, OMISSION, BREACH OF THIS AGREEMENT OR VIOLATION OF ANY STATE OR
FEDERAL LAW AND/OR REGULATION, AS WELL AS ANY VIOLATION OF ANY MATTER MADE THE BASIS OF A TREATY AND/OR
CONVENTION AND/OR AGREEMENT BETWEEN THE UNITED STATES AND ANOTHER NATION: CLAIMS; LAWSUITS; DAMAGES;
LIABILITIES; PENALTIES; TAXES; FINES; INTEREST; EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT
COSTS, INVESTIGATION COSTS AND ALL DIRECT OR INDIRECT COSTS OR EXPENSES INCURRED IN DEFENDING AGAINST ANY
CLAIM, LAWSUIT, OR OTHER PROCEEDING,INCLUDING THOSE EXPENSES INCURRED IN ANY NEGOTIATION, SETTLEMENT, OR
ALTERNATIVE DISPUTE RESOLUTION); ANY AND ALL DAMAGES, HOWEVER CHARACTERIZED, SUCH AS DIRECT, GENERAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR
PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO
THIS AGREEMENT OR THE RIGHTS PROVIDED THEREIN.
IN ANY AND ALL CLAIMS AGAINST ANY OF THE INDEMNITEES BY ANY EMPLOYEE OF THE SUB-RECIPIENT OR ANY EMPLOYEE
OF ITS SUBCONTRACTOR(S), THE INDEMNIFICATION OBLIGATION UNDER THIS AGREEMENT WILL NOT BE LIMITED IN ANY WAY
BY THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE SUB-RECIPIENT OR ANY
OF ITS SUBCONTRACTOR(S) UNDER WORKER'S DISABILITY COMPENSATION ACTS, DISABILITY BENEFITS ACTS, OR OTHER
EMPLOYEE BENEFITS ACTS.
SUB-RECIPIENT SHALL COORDINATE ITS DEFENSE AND ANY SETTLEMENT WITH THE ATTORNEY GENERAL FOR THE STATE
OF TEXAS AS REQUESTED BY THE DPS/SAA. IN ANY SETTLEMENT, SUB-RECIPIENT MUST NOT MAKE ANY ADMISSION OF
LIABILITY ON THE PART OF ANY OF THE INDEMNITEES.
THIS SECTION SHALL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION, CONTRIBUTION OR
RIGHT WHICH ANY OF THE INDEMNITEES HAVE BY LAW OR EQUITY.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Changes and Amendments
Written Amendment. Except as specifically provided otherwise in this Sub-recipient agreement, any alterations, additions or deletions to
this Sub-recipient agreement's tenns shall be made through Grant Adjustment Notices generated by the SAA web-based grants
management system and executed by the Parties.
Authority to Amend. During the period of this Sub-recipient agreement's performance DPS/SAA and/or FEMA may issue policy directives
that serve to establish, interpret or clarify this Sub-recipient agreement's perfonnance requirements. Such policy directives shall be
promulgated by DPS/SAA or FEMA in the form of Infonnation Bulletins and shall have the effect of qualifying this Sub-recipient agreement's
tenns and shall be binding upon the Sub-recipient as if written in the Sub-recipient agreement.
Effe~ of Chances in Fed~ral and State Laws Any alterations, additions, or deletions to this Sub-recipient agreement's tenns that are
regUlred by the changes. In federal.a~d state laws or regulations are automa~ically incorporated .into this Sub-recipient agreement without
wntten amendment to thiS Sub-re~plent agreement and shall become effective on the date deSignated by such law or regulation. . In the
event FEMA or. DPS/SAA detennlnes that changes are necessary to the award document after an award has been made, including
changes to penod of perfonnance or tenns and conditions, recipients will be notified of the changes in writing. Once notification has been
made, any subsequent request for funds will indicate sub-recipient acceptance of the changes to the award.
Inmal ~ DateJ?> i)E;(. 10
Page 8 OF 17
Headings
Headings and captions of this Sub-recipient agreement's sections and paragraphs are only for convenience and reference. These headings
and captions shall not affect or modify this Sub-recipient agreement's terms or be used to interpret or assist in the construction of this
Sub-recipient agreement.
Venue
For purposes of litigation pursuant to this Sub-recipient agreement, venue shall lie in Travis County, Texas, and be governed by Texas Law.
InmaILDat.j~ DEe.. 10
Page 9 OF 17
Special Conditions
2010 Operation Stonegarden (OPSG) Specific:
1) The recipient is prohibited from obligating or expending Operation Stonegarden (OPSG) funds provided through this award until
each unique, specific or modified county level or equivalent Operational Order/Frag Operations Order with embedded estimated
operational budget has been reviewed and approved through an official email notice issued by FEMA removing this special
programmatic condition. The Operations Order approval process/structure is as follows: Operations Orders are submitted to (I) the
appropriate Customs and Border Protection (CBP) Border Patrol (BP) Sector Headquarters (HQ); upon approval by the Sector HQ,
forwarded through the Border Patrol Enforcement Transfer System (BPETS) system to (2) the OPSG Coordinator, CBP/BP
Washington, DC and upon approval forwarded to (3) Federal Emergency Management Agency (FEMA), Grant Programs Directorate
(GPD). Grant Development and Administration Division (GD&A). Notification of release of programmatic hold will be sent by FEMA via
email to the State Administrative Agency (8M) with a copy to OPSG Coordinator at CBP/BP HQ, Washington DC.
General:
1)
a) Provisions applicable to a sub-recipient that is a private entity.
i) You as a sub-recipient, your employees, may not:
(1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
(2) Procure a commercial sex act during the period of time that the award is in effect: or
(3) Use forced labor in the performance of the award or sub-award under this award.
ii) We may unilaterally terminate this award, without penalty, if the sub-recipient that is a private entity:
(1) Is determined to have violated a prohibition in paragraph 1a of this award term; or
(2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a
prohibition of this award term through conduct that is either:
(a) Associated with performance under this award; or
(b) Imputed to you or the sub-recipient using the standards and due process for imputing the conduct of an individual
to an organization that are provided in 2 CFR Part 180, .OMB Guidelines to Agencies on Government Debarment and
Suspension (Non-procurement)," as implemented at 2 CFR Part 3000.
b) Provisions applicable to a sub-recipient that is other than a private entity. We may unilaterally terminate this award without
penalty, if the sub-recipient that is a private entity: '
i) Is determined to have violated a prohibition in paragraph 1a of this award term; or
ii) Has an employee who is determined by the agency official authorized to terminate the award to have violated an
applicable prohibition in paragraph a1 of this award term through conduct that is either:
(1) Associated with performance under this award; or
(2) Imputed to you or the sub-recipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR Part 180, .OMB Guidelines to Agencies on Govemment Debarment and
SuspenSion (Non-procurement)," as implemented at 2 CFR Part 3000.
c) Provisions applicable to any recipient:
i) You must inform us immediately of any information you received from any source alleging a violation of a prohibition in
paragraph a1 of this award term.
ii) Our right to terminate unilaterally that is described in 1 b or 2 of this section:
(1) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104 (g),
and
(2) Is in addition to all other remedies for noncompliance that are available to us under hi
Initial
Date l3 DC2C. ID
Page 10 OF 17
iii) You must include the requirements of 1a of this award term in any sub-award you make to a private entity.
d) Definitions. For purposes of this award term:
i) "Employee" means either:
(1) An individual employed by a sub-recipient who is engaged in the performance of the project or program under this
award: or
(2) Another person engaged in the performance of the project or program under this award and not compensated by you
including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind
contribution toward cost sharing or matching requirements.
ii) "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision,
or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
iii) "Private entity" means:
(1) Any entity other than a State, local government, Indian Tribe, or foreign public entities, as those terms are defined in 2
CFR 175.25.
(2) Includes:
(a) A non-profit organization, including any nonprofit institution of higher education, hospital, or tribal organization
other than one included in the definition of Indian Tribe at 2CFR 175.25(b).
(b) A for-profit organization
iv) "Severe forms of trafficking in persons," "commercial sex act: and "coercion" have the meaning given at section 103 of the
TVPA, as amended (22 U.S.C. 7102).
2)
a) Classified national security information as defined in Executive Order (EO) 12958, as amended, means information that has
been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is
marked to indicate its classified status when in documentary form.
b) No funding under this award shall be used to support a contract, sub-award, or other agreement for goods or services that will
include access to classified national security information if the award recipient has not been approved for that access to such
information
c) Where an award recipient has been approved for and has access to classified national security information, no funding under
this award shall be used to support a contract, sub-award, or other agreement for goods or services that will include access to
classified national security information by the contractor, sub-awardee, or other entity without prior written approval from the DHS
Office of Security, Industrial Security Program Branch(ISBP), or an appropriate official within the Federal department or agency with
whom the classified effort will be performed.
d) Such contracts, sub-awards, or other agreements shall be processed and administered in accordance with the DHS " Standard
Operation Procedures, Classified Contracting by States and Local Entities," dated July 7, 20089: EO's 12829, 12959, 12968, as
amended; the National Industrial Security Program Operating Manual (NISPOM); and lor other applicable implementing directives
or instruction. All security requirement documents are located at: http;/lwww.dhs/govtxopnbizlgrantslindex.shtm.
e) Immediately upon determination by the award recipient that funding under this award will be used to support such a contract,
sub-award, or other agreement, and prior to execution of any action to facilitate the acquisition of such a contract sub-award, or
other agreement, the award recipient shall contact ISPB, or the appropriate Federal department or agency, for approval and
processing instructions.
Please fill in the appropriate information and sign.
Louis R. Rigby
Type Name of Authorized Official
Mayor
Title
City of La P
Sub-recipi
i
Inmal ~ Date 13 j)U 10
Page 11 OF 17
EXHIBIT A
ASSURANCES - NON-CONSTRUCTION PROGRAMS
As the duly authorized representative of the sub-recipient, I certify that the sub-recipient:
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds
sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described
in this agreement.
2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and,
if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or
documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting
standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance
of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 994728-4763) relating to prescribed standards for merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. 991681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 9794), which prohibits discrimination on the basis of handicaps;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 996101-6107), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
(f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 99523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. 99290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of
the Civil Rights Act of 1968 (42 U.S.C. 993601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financinQ of
housing; (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being
made; and, 0) the requirements of any other nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property
acquired for project purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. 991501-1508 and 7324-7328) which limit the political
activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 99276a to 276a-7), the Copeland Act (40 U.S.C.
9276c and 18 U.S.C. 9874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 99327-333), regarding labor standards
for federally-assisted construction sub-agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood
insurance if the total cost of insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
con~ol r:neasu~~~ under the National Environmental P~licy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification
of VIolating faCIlities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 991451 et seq.); (f) conformity of Federal actions to State
(Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 997401 et seq.)' (g)
protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523)' and (h)
protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). ' ,
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 991271 et seq.) related to prot ing components or potential
components of the national wild and scenic rivers system.
Initial Date l => VEe.. / 0
Page 12 OF 17
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. ~70), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. 9~69a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities
supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 992131 et seq.) pertaining to the
care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of
assistance.
16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 9~801 et seq.) which prohibits the use of lead-based
paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of
1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this
program.
Please fill in the appropriate information and sign.
Louis R. Rigby
Type Name of Authorized Official
Mayor
Title
City of La P
Sub-recipie t
,
Inmal~Date 13DtCiO
Page 13 OF 17
EXHIBIT B
ASSURANCES - CONSTRUCTION PROGRAMS
As the duly authorized representative of the sub-recipient, I certify that the sub-recipient:
1. Has the legal authority to apply for Feder!!1 assistance, and the institutiona!, managerial and financial cap~bility (in<?luding fu~ds .
sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of project described In
this agreement.
2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and,
if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a
proper accounting system in accordance with generally accepted accounting standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without
permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant
in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life
of the project.
4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of
construction plans and specifications.
5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete
work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be
required by the assistance awarding agency or State.
6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance
of personal or organizational conflict of interest, or personal gain.
8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. ~~728-4763) relating to prescribed standards of merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. ~~4801 et seq.) which prohibits the use of lead-based
pain in construction or rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. ~~1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. ~794), which prohibits discrimination on the basis of handicaps;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. ~~6101-6107), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse;
(f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) ~~523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. ~~290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of
the Civil Rights Act of 1968 (42 U.S.C. ~~3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being
made; and Q) the requirements of any other nondiscrimination statue(s) which may apply to the agreement.
11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property
acquired for project purposes regardless of Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C. ~~1501-1508 and 7324-7328) which limit the political activities of
employees whose principal employment activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. ~~276a to 276a-7), the Copeland Act(40 U.S.C.
~276c and 18 U.S.C. ~874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. ~~327- 333) regarding labor standards
for federally-assisted construction sub-agreements.
14. Will co~ply wi~ flood !n~uran.ce purch~se requirements of Sectio~ ~ 02(a~ of the Flood Disaster Protection Act of 1973 (P.L.
93-234) which reqUires reCipients In a speCIal flood hazard area to participate In the program and to pur ase flood insurance if the
total cost of insurable construction and acquisition is $10,000 or more.
Initial
Date .I ?l{>t-L , 0
Page 14 OF 17
15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 991451 et seq.); (f) conformity of Federal actions to State
(Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 997401 et seq.); (g)
protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h)
protection of endangered species under the Endangered Species Act of 1973, as amended (P. L. 93-205).
16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 991271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 9470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. 99469a-1 et seq).
18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of
1996 and OMS Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations."
19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this
program.
Please fill in the appropriate information and sign.
Louis R. Rigby
Type Name of Authorized Official
Mayor
Title
City of
Sub-rec.
Date
Inmal~O'" I ~ ~IO
Page 15 OF 17
Exhibit C
Certifications
Louis R. Rigby
The undersigned,
to the best of his/her knowledge and belief.
La Porte
(print), as the authorized official of
certifies the following
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
of modification of any Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete
and submit Standard Form-LLL "Disclosure of Lobbying Activities," in accordance with its instructions
C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all
tiers (including subcontract, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients
shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for prospective
participants in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal Certification) The
Sub-recipient certifies that it and its principals and vendors:
1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a
State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub-recipients
can access debarment information by going tcwww eo/s aov and the State Debarred Vendor List bttp:/!ww.N. window. state. lx. us/prc
httD://www.window.state.lx.us/Drocurement/oroa/vendor oerformance/debarredl
2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)
with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; and
4. Have not within a three-year period preceding this agreement had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
5. Where the sub-recipient is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this agreement. (Federal Certification)
E. The Sub-recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that
have been appropriated for the same purpose. Sub-recipient may be required to supply documentation certifying that a reduction in
non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds.
F. Sub-recipient must comply with 2 CFR Part 180 Subpart C as a condition of receiving grant funds, and sub-recipient must
require such compliance in any sub-grants or contract at the next tier.
G. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative
requirements, policies and any other requirements governing this program.
H. Drug-free Workplace Act, as amended, 41 U.S.C. ~701 et seq. - Requires the recipient to publish a statement about its
drug-free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel)
who will be involved in award-supported activities at any site where these activities will be carried out. Also, place(s) where work is
being performed under the award (Le., street address, city, state, and zip code) must be maintained on file. The recipient must notify
the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional
information, see 44 CFR Part 17.
Inmal--#R--Date~
Page 16 OF 17
I. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant
funds.
Please fill in the appropriate information and sign.
Louis R. Rigby
Type Name of Authorized Official
Mayor
Title
City of La
Sub-recip. n
Date
'"mal~Date~
Page 17 OF 17
RECEIVED
tOCT 2 q 2010
CITY SECRETARY'S
OFFICE
The Honorable Louis Rigby
Mayor, City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N. LAMAR BLVD. BOX 4087. AUSTIN, TEXAS 78773-0001
512/424-2000
www.txdps.state.tx.us
STEVEN C. McCRAW
DIRECTOR
LAMAR BECKWORTH
CHERYL MacBRIDE
DEPUTY DIRECTORS
RECEIVED
OCT 2 9 2010
8
CITY SECRETARY'S
OFFICE
COMMISSION
ALLAN B. POLUNSKY, CHAIR
C. TOM CLOWE, JR.
ADA BROWN
JOHN STEEN
CARIN MARCY BARTH
October 26, 2010
The Honorable Louis Rigby
Mayor, City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
Dear Mayor Rigby:
Please find enclosed Homeland Security Grant Program (HSGP) sub-recipient award documents for
your review and signature acceptance as the Chief Elected Official for your area. Funds received
under this grant award are to be used to address potential and real time challenges in response to
acts of terrorism and all-hazards events only and administered using the following governance
documents listed in priority level: FY 2010 Homeland Security Appropriations Act; Presidential
Directives; Federal Statutes; Federal Regulations; Office of Management and Budget (OMB)
Circulars; Terms and Conditions of award; FY 2010 HSGP Grant guidance; Department of
Homeland Security (DHS) Policy; FEMA Policy; and Texas Homeland Security - State
Administrative Agency (TXHLS-~AA) Policy.
The attached FY 2010 Sub-Recipient Agreement(s) (SRA) with Terms and Conditions requires
your review, signature of acceptance/agreement, and return to the TXHLS-SAA as directed below.
Response to this award offer must be received even if you decide to decline the award.
The SRA must be fIlled out and signed by the person indicated in the address box of the award
document. Signature by anyone other than that person will only be accepted as a valid signature of
acceptance of the award and agreement to follow grant fund requirements if a letter of designation
from the person approved to sign the award is attached indicating he/she authorizes that person to
sign on their behalf. Please note that authorization for signature will be deemed as acceptable for
signing any documents going forward that pertain to this award unless the letter of authorization
indicates otherwise.
You will need to fill in the contact information; sign and date the Sub-Recipient Award(s); certify
you have read, understand, and accept the Terms and Conditions (T&Cs) by initializing the bottom
of each page of the T &Cs; populate the contact information located in the section entitled
EQUAL OPPORTUNITY EMPLOYER
COURTESY. SERVICE. PROTECTION
"Restrictions, Disclaimers and Notices" of the T &Cs; certify agreement to the statements provided
in Exhibits A, B, and C located at the back of the T &Cs by filling in contact information- signing
all exhibits; and return all documents to the TXHLS-SAA by the due date provided in the bottom-
left comer of the Sub-Recipient Award(s) box 13.
In addition, the TXHLS-SAA must have a current Direct Deposit Authorization from your
organization in order to transfer grant funds electronically to a designated bank account to
reimburse you for grant-funded expenses. An electronic version of this form is available for you to
download, populate and send to the TXHLS-SAA on the Texas State Comptroller's website at:
http://www.window.state.tx.us/taxinfo/taxformsI74-158.odf . If you submitted a completed Direct
Deposit Authorization form with prior acceptance documents for HSGP awards, you do not need to
submit another authorization unless your bank account information has changed or you wish to
receive reimbursement by check instead of by direct deposit.
This HSGP SRA offer will be withdrawn if the required materials are not received at the TXHLS-
SAA with a postmark no later than the due date indicated on your SRA(s). Extensions to this date
will not be granted. You must submit required documents by the due date to the following address:
Texas Department of Public Safety
TXHLS- State Administrative Agency
1033 La Posada, Suite 100
Austin, TX 78752
Please retain a copy of each document submitted to the TXHLS-SAA for your records.
If you have any questions, please contact Edwin Staples at 512-377-0002.
Sincerely,
Z.I~
Janice E. Bruno
Director
TXHLS-SAA
JEB:es
EQUAL OPPORTUNITY EMPLOYER
COURTESY. SERVICE. PROTECTION
Q
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 13.2010
Annronriation
Requested By: Ken Adcox
Source of Funds:
.-
Department: Police
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
Exhibits:
LPISD Recommendation
Budgeted Item: Yes
No
Exhibits:
SUMMARY & RECOMMENDATION
There have been concerns this school year with students reporting to school early causing them
to cross main thoroughfares before school zone flashers come on at 7:30 am. This is unsafe for
the students, as well as the crossing guards.
The LPISD has recommended that the school zone times for Baker 6th Grade Campus, La Porte
Junior High School, and Lomax Junior High School be changed for morning only, from 7:30-
9:30 am to 7:00-9:00 am.
Action Required bv Council:
Approve Ordinance 20 1 O-_amending Ordinance 2009-3176, changing morning school zone hours
for Baker 6th Grade Campus, La Porte Junior High, and Lomax Junior High from 7:30-9:30 am to 7:00-
9:00 am.
,J"h ~
Date
Ron Bottoms, City Manager
ORDINANCE NO. 2010 - -33i:D
AN ORDINANCE AMENDING CHAPTER 70 "TRANSPORTATION",
ARTICLE ill "OPERATION OF VEHICLES", DIVISION 2 "SPEED
LIMITS", BY AMENDING SECTION 70-97(b) "SCHOOL WNES", OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE TO
CHANGE SCHOOL ZONE HOURS FOR CEDARMONT, MYRTLE
CREEK, CARLOW, SOUTH BROADWAY, WEST MAIN, UNDERWOOD,
AND NORTH "L" STREETS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING
THE TERMS OF TIDS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM
NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. The Code of Ordinances, City of La Porte, Harris County, Texas, Chapter
70, Article Ill, Division 2, Section 70-97 "School zones", subparagraph "b", is hereby
amended in its entirety and shall hereinafter read as follows, to-wit:
"(b) The speeds established in this section shall be in effect between 7:00 a.m. and 9:00
a.m., and between 2:00 p.m. and 4:00 p.m., Monday through Friday of each week on
school days only, during the time periods when the school zone, to which such limits
apply, is posted as a school zone; except for subsections (a)(5), (a}(17), (a)(18), (a)(19),
(a)(20), (a)(2l), and (a)(24) of this section, which shall have school zone hours in effect
between 7:00 a.m. and 9;00 a.m., and between 3:00 p.m. and 5:00 p.m., and subsection
(a}(28) of this section, which shall have school zone hours in effect between 7:00 a.m.
and 4:00 p.m. Timed flashing lights, as well as fixed signs, may be used to sign or post a
school zone. If a school zone is posted by both timed flashing lights and a fixed sign, the
hours posted on the fixed sign designates the school zone time periods, notwithstanding
whether or not the timed flashing lights are operational in such zone. All schools open all
year shall be additionally signed "all year." "
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 other ordinances regulating and governing the subject matter covered by this
ordinance.
Section 3: 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 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall
violate any provision of the ordinance, shall be deemed to have committed a Class C
misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
HUNDRED DOLLARS ($200.00).
Section S. 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 6. This Ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice of the passage ofthis 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 this the 13th day of December, 2010.
By:
ATTEST:
'-ff/ t1/dr1, atJd/
Martha A. Gillett, City Secretary
APPROVED:
t?K~zv.
La Porte
Independent School District
Michael C. Clall.'ell
'"i,lalll Supcriulclldclll
281-(,0"-7021
fllm'flllll tlll*d.ur!!
December 7, 2010
Mr. Ron Bottoms
City Manager
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
Dear Mr. Bottoms:
A concern regarding the safety of some La Porte ISD students who attend Baker 6th Grade Campus has
been brought to my attention. Several students are crossing the street at Spencer and Underwood at
approximately 7: 1 5 a.m. This is prior to the activation of the school zone warning signal at 7:30 a.m.
In order to better serve the needs of those students and to be consistent with all junior high campuses in
LPISD, I am requesting the following:
I. The activation of the signals in the Baker school zone from 7:00-9:00 a.m. instead of 7:30-9:30.
2. The new time schedule posted on all school zone warning signage in the area.
3. A change to the City Ordinance to reflect the school zone warning time (7:00-9:00 a.m.) for all
LPISD junior high campuses (Baker 6th Grade, La Porte Junior, and Lomax Junior.)
It should be noted that the posted school zone times for the afternoon are correct and should not be
adjusted.
I appreciate your attention to this matter; please feel free to call my office if you have questions.
rh
cc: L. Graham
C. Marlar
1002 San Jacinto Street
La Porte, Texas 77571
Public Information (281) 604-7001
Fax (281) 604-7010 www.Ipisd.org
Superintendent (281) 604-7015
Superintendent (281) 604-7015
Business (281) 604-7046
Curriculum (281) 604-7025
Human Resources (281) 604-7111
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 13.2010
Appropriation
Requested By: Tim Tietiens
Source of Funds:
N/A
Department: PlanniDl!
Account Number:
N/A
Report:
Resolution:
Ordinance: .-X-
Amount Budgeted:
N/A
Exhibits:
Ordinance (showing changes)
Ordinance (final)
Amount Requested:
N/A
Budgeted Item:
YES
NO
SUMMARY & RECOMMENDATION
City Council directed staff to draft an ordinance converting the two alternate member positions to
regular members of the Planning and Zoning Commission. Upon approval, this ordinance will
expand the Commission to nine (9) members; a member from each of the six council districts, a
member for each of the two at-large positions (At-Large A and At-Large B), and a member for the
Mayoral seat, who shall be the chairperson.
Changes in Section 106-62 and 106-63 of the Code of Ordinances pertain to the Planning and
Zoning Commission. The amendments contain voting procedures and quorum requirements for the
Planning and Zoning Commission meetings.
On November 18,2010, the Commission held a public hearing to consider these amendments to Sections
106-62 and 106-63 of the Code of Ordinances. By a 6-0 vote, 1 abstain, the Commission forwards a
recommendation that City Council adopts the proposed amendments.
Action Required bv Council:
1. Hold public hearing.
2. nsider adopting changes to Section 106-62 and 106-63 by ordinance.
II II/a>
Date
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE II.
"ADMINISTRATION", DIVISION 2. "BOARDS AND COMMISSIONS", SUBDIVISION
II "PLANNING AND ZONING COMMISSION", SECTION 106-62 "MEMBERSHIP
AND STRUCTURE" AND SECTION 106-63 "GENERAL PROCEEDINGS", TO
CHANGE LA PORTE PLANNING AND ZONING COMMISSION ALTERNATE
MEMBER POSITIONS TO REGULAR MEMBER POSITIONS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
Section 1: That Chapter 106, "Zoning," Article II. "Administration", Division 2 "Boards and
Commissions", Subdivision II "Planning and Zoning Commission", Section 106-62
"Membership and Structure," of the Code of Ordinances, La Porte, Texas, is hereby amended to
read as follows:
"Sec. 106-62. Membership and structure.
who arc resident citizens and qualified voters of the city. The
term of the six members from the six council districts shall coincide with the term of office
of the councilperson for the said district. The term of office for each individual alternate
member shall coincide with the term of office of ~ouncilperson A and
uncilperson B, respectively. The term of office for the chairman shall coincide
with the term of office of the Mayor of the City. Vacancies shall be filled for the unexpired
term of any member whose position becomes vacant for any cause in the same manner as the
original appointment was made.
Each district member who is appointed shall be a resident of the district from which
he is appointed at the time of his appointment and continuously throughout his/her
tenure in office.
(c) The term of each member shall terminate on August 30 of the year in which the term
expires, or when his/her successor has been appointed and qualified.
(d) The planning and zoning commission shall elect a vice-chairman from its
membership. excluding including the t\'.'o alternates at large members."
(c) The t\vo alternate at large members are required to attend all meetings in the same
manner as all district members of the commission. i\lternate members shall not yote unless
filling an absence of a district member or the chairman.
Section 2: That Chapter 106, "Zoning," Article II. "Administration", Division 2 "Boards and
Commissions", Subdivision II "Planning and Zoning Commission", Section 106-63 "General
Proceedings," of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows:
"Sec. 106-63. General proceedings.
The ~lanning and ~oning (?ommission shall adopt rules, regulations and bylaws to
govern its proceedings; provided that~uch~les shall not. be inc2;nsistent with this section or the
laws of the state. All meetings of the (TIity ~lanning and ~2ning(j2mmission shall be open to the
public. members of the (jity :planning and Z;oning ~ommission shall constitute a
quorum for the transaction of business."
Section 3: 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 4: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 5. 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 6. This Ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the
day of
,2010.
2
CITY OF LA PORTE
By:
Louis R. Rigby
Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
3
ORDINANCE NO. ~0
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE II.
"ADMINISTRATION", DIVISION 2. "BOARDS AND COMMISSIONS", SUBDIVISION
II "PLANNING AND ZONING COMMISSION", SECTION 106-62 "MEMBERSHIP
AND STRUCTURE" AND SECTION 106-63 "GENERAL PROCEEDINGS", TO
CHANGE LA PORTE PLANNING AND ZONING COMMISSION ALTERNATE
MEMBER POSITIONS TO REGULAR MEMBER POSITIONS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
Section 1: That Chapter 106, "Zoning," Article II. "Administration", Division 2 "Boards and
Commissions", Subdivision II "Planning and Zoning Commission", Section 106-62
"Membership and Structure," of the Code of Ordinances, La Porte, Texas, is hereby amended to
read as follows:
"Sec. 106-62. Membership and structure.
(a) The City Planning and Zoning Commission shall consist of nine members, to be
appointed as follows: a member from each of the six council districts, a member for each of
the two at-large positions (At-Large A and At-Large B), and a member for the Mayoral seat,
who shall be the chairman. All members are required to be resident citizens and qualified
voters of the city. The term of the six members from the six council districts shall coincide
with the term of office of the councilperson for the said district. The term of office for each
at-large member shall coincide with the term of office of Councilperson At-Large A and
Councilperson At-Large B, respectively. The term of office for the chairman shall coincide
with the term of office ofthe Mayor of the City. Vacancies shall be filled for the unexpired
term of any member whose position becomes vacant for any cause in the same manner as the
original appointment was made.
(b) Each district member who is appointed shall be a resident of the district from which
he or she is appointed at the time of his appointment and continuously throughout his/her
tenure in office.
(c) The term of each member shall terminate on August 30 of the year in which the term
expires, or when his/her successor has been appointed and qualified.
(d) The planning and zoning commission shall elect a vice-chairman from its
membership.
Section 2: That Chapter 106, "Zoning," Article II. "Administration", Division 2 "Boards and
Commissions", Subdivision II "Planning and Zoning Commission", Section 106-63 "General
Proceedings," of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows:
"Sec. 106-63. General proceedings.
The City Planning and Zoning Commission shall adopt rules, regulations and bylaws to
govern its proceedings; provided that such rules shall not be inconsistent with this section or the
laws of the state. All meetings of the City Planning and Zoning Commission shall be open to the
public. Five members of the City Planning and Zoning Commission shall constitute a quorum
for the transaction of business."
Section 3: 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 4: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 5. 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 6. This Ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the J!JI- day of lJ-tUm J;..I (
,2010.
CITY OF LA PORTE
By:
2
ATTEST: ~
~4- C~ ecretary
APPU.OVEDo ~
~T~ /
Assistant City Attorney
3
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 13. 2010
Appropriation
Requested By: Tim Tietiens
Source of Funds:
N/A
Department: Planninl!
Account Number:
N/A
Report: _Resolution: _Ordinance:.A--
Amount Budgeted:
N/A
Exhibits:
Ordinance
Aerial Map
Mailout Response
Amount Requested:
N/A
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during its November 18,2010, meeting, held a public hearing to receive citizen
comments regarding Special Conditional Use Permit Request #SCUIO-001. The request, submitted by Mr. Shane
Laurent, seeks approval of a Special Conditional Use Permit (SCUP) to allow converting an existing structure (5,000
sq.ft.) to a drive through beverage mart located at 2301 Underwood Road.
The property is currently zoned General Commercial (GC). Per Section 106-441, Table A, Commercial Uses of the
Code of Ordinances, "drive-in or drive through facilities as an accessory or principle use" is classified as a
'Conditional Use' in GC zoning districts. An existing building just south of the subject property was once developed as
a beverage mart, now it is a car sales center. The existing land uses are primarily commercial with Creekmont
Subdivision to the rear of the subject property. Proper screening and fencing are in place at site. Entry/Exit signs at
driveways and shrubs along front yard shall be required.
The subject property was developed in 1997-98. Previous site plan proposed on-site drainage inlets and tied down to
existing storm manhole along Underwood Road. Upon inspection, staff found no inlets and property sheet flows to
Underwood Road. However, the applicant is willing to bring the property into substantial compliance with
applicable regulations upon approval of this permit. In addition, a certified development site plan shall be submitted
for the said development.
Sixteen (16) notices of public hearing were mailed to neighboring property owners. One response (opposed) was
received from the mailout. The Planning & Zoning Commission, by unanimous vote, recommends City Council
approval of Special Conditional Use Permit #SCUl 0-00 1 with twelve conditions as presented plus three additional
conditions pertaining to car lights/stops, entrance from north driveway, and planting Oleanders in the rear for proper
screening and mitigation of car lights and noise for Creekmont residents:
1. SCUP#10-001 is specifically limited to the proposed development of Beverage Mart at 2301 Underwood Road.
2. This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and
approved in accordance with the requirements of the Development Ordinance.
3. Drainage system shall be applied in accordance with the approved site plan.
4. Parking/striping shall be removed from front to accommodate drive through vehicles. Required parking shall be
provided to the south side of the property.
5. All lighting in the parking lot shall be hooded and arranged to deflect light away from the nearby residential
properties in compliance with Section 106-521(a) of the Code of Ordinances.
6. Proper traffic control signage shall be installed at existing driveways denoting south driveway as entrance and
north driveway as exit only.
7. Owner shall remove front yard fence installed illegally along the front ofthe property.
8. Owner shall be responsible to install sidewalk to match with the adjacent property.
9. Front and side landscape areas need to include 'WaxleafLigustrum' at 36-inch spacing.
10. All new signage shall require a separate permit from the City's Inspections Division.
11. A 10'utility easement along the north property line and an 8' utility easement along the east property line shall
be kept clear of any gravel, asphalt and/or concrete surface.
15. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State
of Texas.
Action Required bv Council:
Conduct public hearing.
o sider Planning and Zoning Commission's recommendation for approval of Special Conditional Use
Pe it #SCUlO-OOl for a drive-through beverage mart at 2301 Underwood Road.
Ron Bottoms, City Manager
,~h~
Date
ORDINANCE NO. .3301
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL
CONDITIONAL USE PERMIT #SCUI0-00l FOR THAT CERTAIN PARCEL OF LAND
DESCRIBED AS FOLLOWS, TO-WIT: 0.732 ACRE TRACT OUT OF 3.072 ACRE
COMMERCIAL RESERVE AI, BLOCK 14, CREEKMONT SECTION 2, W. M. JONES
SURVEY, ABSTRACT 482, CITY OF LA PORTE, HARRIS COUNTY, TEXAS FOR
THE PURPOSE OF OPERATING A DRIVE-THROUGH RETAIL BEVERAGE MART
AT 2301 UNDERWOOD ROAD IN A GENERAL COMMERCIAL (GC) ZONE;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting
Special Conditional Use Permit #SCUI0-00l, attached hereto as Exhibit A and incorporated by
reference for all purposes, to allow the operation of a drive-through retail beverage mart for the
following described property, to wit: 0.732 acre tract out of 3.072 acres commercial Reserve AI,
Block 14, Creekmont Section 2, W. M. Jones Survey, Abstract 482, La Porte, Harris County, also
known as 2301 Underwood Road, within a General Commercial (GC) zoning district.
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 other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3. 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 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 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 5. The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet (200') of the properties
under consideration.
Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that
all prerequisites of law have been satisfied and hereby determines and declares that the
amendments to the City of La Porte Zoning Classification contained in this Ordinance as
amendments thereto are desirable and in furtherance ofthe goals and objectives stated in the City
of La Porte's Comprehensive Plan.
Section 7. This Ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the~ day of IJecem/J.{t
,2010.
By:
CITY OF LA PORTE
d1!o
ATTEST:
Lfr!~- I/Ad
City Secretary
APP~T~
Assistant City Attorney
2
City of La Porte
Special Conditional Use Permit # SCU10-001
This permit is issued to:
Shane Laurent
Owner or Agent
2301 Underwood Road La Porte, TX 77571
Address
For Development of:
Beveraqe Mart
Development Name
2301 Underwood Road, La Porte, TX 77571
Address
Legal Description:
0.732 acre tract out of 3.072 acre Commercial Reserve A 1. Block 14
Creekmont Subdivision, Section 2, W. M. Jones Survey. Abstract No.
482,
City of La Porte. Harris County, Texas.
Zoning:
General Commercial (GC)
Use:
Retail Beveraqe Mart - a drive throuah facility
Permit Conditions:
1. SCUP#10-001 is specifically limited to the proposed development of Beverage Mart at 2301 Underwood Road.
2. This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and
approved in accordance with the requirements of the Development Ordinance.
3. Drainage system shall be applied in accordance with the approved site plan.
4. Parking/striping shall be removed from front to accommodate drive through vehicles. Required parking shall be
provided to the south side of the property.
5. All lighting in the parking lot shall be hooded and arranged to deflect light away from the nearby residential
properties in compliance with Section 106-521 (a) of the Code of Ordinances.
6. Proper traffic control signage shall be installed at existing driveways denoting south driveway as entrance and
north driveway as exit only.
7. Owner shall remove front yard fence installed illegally along the front of the property.
8. Owner shall be responsible to install sidewalk to match with the adjacent property.
9. Front and side landscape areas need to include Waxleaf Ligustrum' at 36-inch spacing.
10. All new sign age shall require a separate permit from the City's Inspections Division.
11. A 10'utility easement along the north property line and an 8' utility easement along the east property line shall be
kept clear of any gravel, asphalt and/or concrete surface.
12. Install car stops or bollards to keep vehicles away from the fence in the rear yard.
13. All vehicles should enter from the north driveway and turn around the building to detract lights away from the
adjoining residential properties.
14. In addition, plant Oleanders by the rear yard fence to create visual screeninglbuffering in order to mitigate car
lights and noise.
15. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of
Texas.
Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a
special conditional use permit shall void the permit as approved, except upon an extension of time
granted after application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further
development is not contemplated, the ordinance establishing such Special Conditional Use Permit may be
3
rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and
Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect
on the portion which is undeveloped.
Validation Date:
Director of Planning
Lm/1lHt-~/
City Secretary
4
Planning- & Zoning Commission
(type of Meeting)
ti ii) L~ ": '~', . :'
11"l
I !I i I"O\'/ i......:
luLl ,.,. I
l~y- '_
~'-'Y ~~__"..A ......_-_ ~- - -
.'J:"l'I~I~jifl
It,~ c:,
- ",w.-I
A Meeting of the La Potte
Scheduled fo.!
November 18) 2010
(Date of Meeting)
to Consider
Special Conditional Use Pel'mit SCU10-001
(Type ofReqllcst)
t~~"~~~...-G.="-""':"':l:~_~~,,,,~*=,~~~~~f!'<~~I'e...._~r-rJ:'~~~..~~,~~~1JI
I have received notice of the above referenced public heating.
I am in FAVOR of granting tllls request for the following reasons:
I am OPPOSED to granting tllls request for the following reasons:
~i.s rtos--e f.~ '(\~+-. bd,iA~ I'Y\E'.~ COf'
J~h~ wi" be shir\h"U 1V\+O m~\\~H~ roO"l '
Or'! ~ o~ 0<..\ \ 1he no Ise -
j1)~'1 WJ1t~uJ ~~L
() Address
~---w,~ - \ '- ItS( {
City. State, Zip
13 .
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: December 13.2010
Source of Funds: N/A
Requested By: Tim Tietiens
Account Number: N/A
Department: Plannine:
Amount Budgeted: N/A
Report: _Resolution: -X-Ordinance:_
Amount Requested:
Exhibits:
1. Resolution
2. Original Deed to City from M.K. Bercaw, Jr.
3. Title Commitment (from Stewart Title)
4. Area Map
Budgeted Item: _YES -X....NO
SUMMARY & RECOMMENDATION
Staff has received a request from the owner of Lots 8 & 9, Block 46, Bayfront Addition, to purchase the
adjacent Lot 10 from the City for the future construction of a home on lots 8, 9 & 10 of the block.
l
Staff's research determined that Lot 10, Block 46, Bayfront Addition, was conveyed to the City by deed
from M.K. Bercaw, Jr. in November of 1987 (Re: HCCFNo. L441889, See Exhibit No. 2, attached).
Mr. Bercaw's deed to the City contained the following statement; "TO BE USED BY THE PUBLIC FOR
ANY PURPOSE AS SEEN FIT BY THE CITY OF LA PORTE, TEXAS." Staff contacted the City
Attorney's office for clarification as to whether or not this language precludes the City from selling the lot
as a surplus property to a private party by requiring its use to be public.
The City Attorney's offices coordinated with Stewart Title Company who determined that the City has good
marketable title to the lot and issued a title commitment to the property.
The attached resolution for Council's consideration aftmns that the City has no present or future public use
of the lot and thereby authorizes its sale.
Recommendation:
Staff recommends Council's passage and approval of a resolution authorizing the sale of Lot 10, Block 46,
Bayfront Addition through public bid.
Action Required of Council:
resolution finding the City has no present or future use of Lot 10, Block 46, Bayfront Addition
zing the sale of said lot through the public bidding process.
It h lID
Ron Bottoms, City Manager
Date
RESOLUTiON NO. 2010-..zL
A RESOLUTION OF THE CITY COUNCIL OF THB CITY OF LA PORTE MAKING
FINDINGS OF FACT, AND AUTHORIZING THB SALB OF LOT 10, BLOCK 46, OF
BAYPRONT ADDITION TO THE TOWN OF LA PORTE, HARRIS COUNTY, TBXAS,
FINDING COMPLIANCB WITH THE OPEN MEETINGS LAW, AND PROVIDING AN
EFFECTIVE DATE HEREOF.
NOW THERBFORE, BE IT RBSOLVED BY THE CITY COUNCIL OF THB CITY
OF LA PORTEe
Section 1. On November 3, 1987, M.K. Bercaw, Jr. conveyed to
the City of La Porte, by Warranty Deed, the real property described
as follows, to-wit:
Lot Ten (10), in Block Forty-six (46), of Bayfront
Addition to the Town of La Porte, a subdivision in Harris
County, Texas, according to the map or plat thereof
recorded in Volume 53, Page 1 of the Map Records of
Harris County, Texas.
The Deed was recorded in the Harris County Clerk's Office
under Harris County Clerk's File No. L441889. The Deed contained
a restriction which reads as follows, to-wit: liTo be used by the
public for any purpose as seen fit by the City of La Porte, Texas. II
Section 2. The City Council of the City of La Porte finds
that City of La Porte has no present or contemplated future use of
the said property, by the public, and authorizes the sale of the
property by pUblic bid.
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 resolution and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifiesl approves and confirms
such written notice and the contents and posting thereof.
section 4. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this ~day of ItcRin~~
, 2010.
By:
ATTEST:
"l!Jf1~ q, rfJtJ
M r ha A. GJ. lett
City Secretary
APP~~
Knox W. Askins
City Attorney
2
SEP-14-2010 TUE 08:29 AM
FAX NO.
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Glll1ll<\r; M.X. ~, .!Ii., 00'1: jol.nod. by })tlO 'oIifl!, as this i:i tti.e sole arJd. ~ato ~
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La Po~ts, Har~i5 County, Texas
71571
r;:on.,ldQr~I"'n;
Good and V31uable con31c~rat!on to me in hand ?aid. the rece1pt
of which is hereby acknowleag.;(I.
Prop.my C;ncludill8~ny ip'pl'tlvanl~II'~):
BEING LO~ ~umbGr~d~!N (10). SLOCK FOR~Y-SI~ (46), in n~y!root 1)
Addition to the ~own of La ~orte, a~rri5 Cou~tYI Texas. accord-
in~ to the ~p and pl~~ of record at pa9~ 5J of Vol~ 1, of
the Map and Pl~t Rcco~ds of said Harri9 county, Texas, to whicb
rQcQrd r.fe~en~e is hcro~' ~aae fer ~re particularity of des-
fiLED FOR RECORD
8;30 A.M.
NOV 3 0 1987
(l-,,:;k._~
Coonty Clerk, H.lms Coullly, Texas
ll.9CIV.lIio~~ (t'Clm and E~< plloftS 103 CotlVf.:lI~1lCe an<! WllmIll)' ~
TO BE tlSlttl. ];IV orl<l~ ~tlP.I~ FO!!. A~Y :PU~OSl!: AS SEEN fIT ny THE
CITY OF LA PORTE, ~~~.
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SEP-14-2010 rUE 08:29 AM
13lU:ClJ'tli:D the
STATEO~T.EXAS
COUNTY OF DtJVAL
FAX NO.
j98-30=/928
l7th day of November, 1997.
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;./ i.... K, Bercaw, Jr.
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'This IlDltllm<lRl W~I lIdlmwltdccd bcrOR me on ~
by ~. 1<. BERCAW, JR.
17th ~~~ lit Nc"Veltlbcr
STATIlOFTBXAS
C:OUN1YOF
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AFTER RIlC~DINClltbTVRN TO;
t.1. K, \l~:1CIW;'. JR.
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rr..::~, rc;:AS 7.1357
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THE FOLlOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND
THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS
COUNTERSIGNED BELOW.
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
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We, STEWART TITLE GUARANTY COMPANY, will issue our title insurance policy or policies (the Policy)
10 You (the proposed insured) upon payment of the premium and other charges due, and compliance with
the requirements In Schedule B and Schedule C. Our Policy will be in the form approved by the Texas
Department of Insurance at the date of issuance, and will insure your interest in the land described in
Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D.
There may be additional charges such as recording fees, and expedited delivery expenses.
this Commitment ends ninety (90) days from the effective date, unless the Policy is issued soone', or
failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this
Commitment and end when this Commitment expires.
In witness whereof, the Company has caused this commitment to be signed and sealed as of the effective
date of commitment as shown in Schedule AI the commitment to become valid and binding only when
countersigned by an authorized signatory.
stewart
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ean..."
_~ V~flt-Z1~
~ Sfate
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-----
CONDITIONS AND STIPULATIONS
1. If you have actual knowledge of any matler which may affect the title or mortgage
covered by this Commitment, that is not shown in Schedule B. you must notify us in
writing. If you do not notify us in writing. our liability to you is ended or reduced to the
extent that your failure to notify us affects our liability. If you do notify us. or we learn of
such matter. we may amend Schedule S, but we will not be relieved of liability already
incurred.
2. Our liability is only to you. and others who are included in the definition of Insured in the
Policy to be issued. Our liability is only lor actual loss incurred in your reliance on this
Commitment to comply with its requirements or to acquire the interest in the land. Our
liability is Iimiled to the amount shown in Schedule A 01 Ihis commitment and will be
subject to the following terms 01 the Policy: Insuring Provisions. Conditions and
Stipulations, and Exclusions.
All notices required to be given the Company and any statement in writing required 10 be
furnished the Company shall be addressed to it at P.O. Box 2029. Houslon. Texas 77252.
~~'!'!~
Stewart Title Guaranty Company
SCHEDULE A
GF No. 1229-10-1654
Address (for reference only):
Effective Date: September 14, 2010. 8:00 a.m.
Issue Date: October 18. 2010
1. The policy or policies to be issued are:
(a) OWNER'S POLICY OF TITLE INSURANCE (Form T-1)
Policy Amount: $ 100,000.00
PROPOSEDINSURED:TBD
(b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
- ONE-la-FOUR FAMILY RESIDENCES (Form T-1R)
Policy Amount: $
PROPOSED INSURED:
(0) LOAN POLICY OF TITLE INSURANCE (Form T-2)
Policy Amount: $
PROPOSED INSURED:
Proposed Borrower:
(d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-
2R)
Polley Amount: $
PROPOSED INSURED:
Proposed Borrower:
(e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION lOAN (Form 1-13)
Binder Amount: $
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER
Policy Amount $
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is:
Fee simple estate, subject to, and the Company does not insure title to. and excepts from
the description of the land. coal, lignite. oil. gas and other minerals in, under and that may
be produced from the land. together with all rights. privileges. and immunities relating
thereto. .
3. Record tiUe to the land on the Effective Date appears to be vested in:
CITY OF LA PORTE
4. Legal description of land:
Lot Ten (10), in Block Forty-six (46), of B8yfront Addition to the Town of laPorte, a
subdMslon in Harris County, Texas, according to the map or plat thereof, recorded in
Volume 53. Page 1 of the Map Records of Harris County, Texas.
Form T-7: Commitment forTltle Insurance
File Number: 122g.10-1654
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss,
008ts, attorney's fees, and expenses resulting from:
1. The following restrictive covenants of record itemized belOY/ ftNe must either Insert specific recording
data or delete this exception):
Those filed under Harris County Clerk's File No. L441889
But deleting any covenant, condition or restriction Indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status or national origin
unless and only to the extent that said covenant (a) Is exempt under chapter 42, section 3607 of
the United States code or (b) Relates to handicap but does not discriminate against handicapped
persons.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or
protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any of any spouse of any insured.
. (Applies to the Owner Policy only.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations,
~emments or other entities.
i) to tidelands, or lands comprising the shores or beds of navigable or perennial
rivers and streams. lakes. bays, gulfs or oceans, or
ii) to lands beyond the line of the harbor or bulkhead lines as established or
changed by any government. or
iii) to filled-In lands, or artificial islands, or
Iv) to statutory water rights, Including riparian rights. or
v) to the area extending from the line of mean low tide to the line of vegetation, or
the rights of access to that area or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2010. and subsequent
years; and subsequent taxes and assessments by any taxing authority for prior years due to change
In land usage or ownership. but not those taxes or assessments for prior years because d an
exemption granted to a previous owner d the property under SectIon 11.13, Texas Tax Code, or
because d Improvements not assessed for a previous tax year. (If Texas Short Form Residential
Mortgagee Policy of TiUe Insurance (T-2R) is issued. that policy wUI substitute "which beoome due
and payable subsequent to Date of Policy" In lieu of ''for the year 2010 and subsequent years.")
6. The terms and c::onditlons of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction before signing and
delivering the lien document described in Schedule A. if the land Is part d the homestead.d the
owner. (Applies to the Mortgagee Tille Policy Binder on Interim Constructlon Loan only, and may be
deleted if satisfactory evidence is fumished to us before a binder Is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the Inslled
mortgage. (ApplIes to Mortgagee Polley (T ~2) only.)
9. The ExceptiOns from Coverage and Express Insurance in Schedule B of the Texas Short Form
Form T-7: Commitment for TIUe Insurance
File Number: 1229-10-1654
Residential Mortgagee Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential
Mortgagee Policy of rltle Insurance (T-2R) only. Separate exceptions 1 through 8 of this Schedule B
do not apply to the Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters
rNe must insert matters or delete this exception.):
A Rights of Parties In possession. (OWNER POLICY ONLY)
B. Subject to any and all visible and or apparent easements over, under or across subject
property, which a surveyor physical inspection may disclose.
C. Any encroachment, encumbrance. violation. variation. or adverse circumstance affecting the
title that would be disclosed by an accurate and complete land survey of the land.
D. Terms, conditions and stipulations contained in the La Porte Area Water Authority created by
Ordinance No. 1295, a certified copy of which has been flied under Harris County Clerk's File
No. L826773.
E. Subject to the zoning ordinances now in force in the City of La Porte. Texas. (OWNER
POLICY ONLY)
F. Any and all unrecorded leases and/or rental agreements with rights of tenants in possession
Fonn T -7: Commitment for Title Insuranc::e
File Number: 1229--1()"1654
SCHEDULE C
Your Policy will not cover loss. costs. attorneys fees, and expenses resulting from the following
requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these
matters to our satisfaction, before the date the Polley is issued:
1. Documents creating you' title or Interest must be approved by us and must be signed, notarized and
filed for record.
2. Satisfactory evidence must be provided that
no person occupying the land claims any Interest in that land against the persons named
In paragraph 3 of Schedule A,
all standby fees, taxes, assessments and charges against the property have been paid.
all improvements or repairs to the property are completed and accepted by the owner,
and that all contractors, sub-contractors, laborers and suppliers have been fully paid. and that no
mechanic's. laborer's or materialmen's liens have attached to the property.
there is legal right of access to and from the land,
(on a Mortgagee Policy only) restrictions have not been and will not be violated that affect
the validity and priority of the Insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest
4. Any defect. lien or other matter that may affect title to the land or Interest insured. that arises or Is
filed after the effective date of this Commitment.
5. NOTE: Procedural Rule P-27 as provided for in Miele 9.39A of the Texas Insurance Code requires
that wGood Funds- be received and deposited before a Title Agent may disburse from Its Trust Fund
Account.
6. Note: We find no outstanding mortgage liens of record affecting the subject property. An inquiry
should be made concerning the existence of any unrecorded lien or other indebtedness, which could
give rise to any security interest in the subject property.
7. We must be furnished with a properly executed Resolution in recordable form to support the
proposed transaction.
8. The subject property lies within the boundaries of La Porte Water Authority. Requirement: pursuant
to V.T.C.A. Watsr code. Sections 50.301 and 50.302. Proper notice In statutory form must be given
to the purchaser
9. The purchaser in this transaction has not been checked for United States Judgment Liens and/or
Notice of Uen for Fine.
NOTE TO CLOSER: Title is vested as shown above by Warranty Deed dated November 3, 1987
filed for record November 30, 1987 under Harris County Clerk's Ale No. L441889.
NOTE TO LENDER: We have examined the records in the offICe of the county of subject property for
the past 24 months and found the following Deed{s}: None.
Form T -7: Commitment lOr Title Insurance
File Number: 1229-10-1654
Authorized Officer or Agent
This Commitment is invalid unless the insuring provisions and Schedules A, B. and Care
attached .
PGW
PGW/added RS per STC/10.18.10
Form T-7: Commitment for Title Insurance
File Number; 1229-10-1654
CITY C
006-1
BLOC
BAYFRC
15
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
12-13-10
Budl!et
Requested By: Kl'nith Adcox
Source of Funds:
Department: pglice
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Amount Requested:
Exhibits: Ordinance Amendinl! Ord. No. 2006-2901-B
Child Safety Zone Map
Draft Ordinance showinl! Chanl!es,
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
On 11-8-10, staff recommended 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 item was tabled, and changes have been made per
Council's direction. The changes include:
1. adding three definitions, specifically "minor", "person", and "child safety zone", to
Section 42-103;
2. revising Section 42-1 04(b), in order to simplify the way distance is measured when
determining prohibited residency areas;
3. including one additional Affirmative Defense(s) provision under Section 42-106;
4. revising Section 42-107; allowing for penalties, related to the violations of sex offender
residency prohibitions, to be assessed daily.
5. adding Section 42-108 "No Duties Assumed".
Action Required bv Council: Approve recommended changes to existing Ordinance No. 2006-2901-B;
Chapter 42, Article V, "Regulation of Sex Offender Residency" of the Code of Ordinances of the City of
La Porte.
IL Ilia:>
Date
ORD INANCE NO. '-~ ~ '1(
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
DEFINITIONS; MAKING 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, AND
THAT EACH DAY CONSTITUTES A SEPARATE OFFENSE; 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
bet ter protection
that establishing a policy to
for residence of sex offenders
for children gathering in the
WHEREAS, Article 42.12(13B)
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 Ordinances, City of La Porte,
Texas, Chapter 42 "Miscellaneous Offenses", Article V.
"Regulation of Sex Offender Residency" is hereby amended and
shall read as follows:
"Article V, REGULATION OF SEX OFFENDER RESIDENCY
Sec. 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, terms, and phrases; when used
have the meanings ascribed to them
where the context clearly indicates a
in this
in this
different
Chi~d Safety Zone is 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.
Minor is an individual younger than 17 years of age as defined by
Section 15.031 of the Texas Penal Code.
Per.manent residence is a place where a person abides, lodges, or
resides for fourteen (14) or more consecutive days.
Person is an individual, firm, corporation, or other business
entity as defined by Chapter 1.07(a) (38) of the Texas Penal Code.
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.
Sec. 42-104. Sex Offender Residency Prohibition.
(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 Section 481.134 of the Texas Health and
Safety Code, or a child care facility, as that term is
defined in Section 42.002 of the Texas Human Resources
Code. It shall be prima facie evidence that this
article 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.
(b) 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, or in the case of
multiple residences on one property, measuring from
the outer property line of the multi-residence
premises following a straight line to the nearest
property line of the premises where children commonly
gather, as described herein. 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.
(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.
Sec. 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.
S) 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 is 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.
Sec. 42-107. No Duty Assumed.
In undertaking the enforcement of this Ordinance, the City
of La Porte is assuming an undertaking only to promote the
general health, safety and welfare of its citizens. The City of
La Porte is not assuming any duty or obligation, nor is it
imposing any duty and/or obligation on its officers and/or
employees, nor is it liable in money damages or otherwise to any
person who claims that the City of La Porte and/or one of its
officers and/or employees breached any such obligation and the
breach proximately caused injury."
Section 3. 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 wi thin 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 4. 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 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. 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 unconsti tutionali ty,
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 full force and effect and to
this end the provisions of this ordinance are declared to be
severable.
Section 6. 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
().ieRmJx! 2010.
~
day of
By:
ATTEST:
L1rt~ tJ~Aaf
Martha A. Gillett
City Secretary
APPROVED:
{/f~ T ~cY1
Clark T. Askins
Assistant City Attorney
Child Safety Zones
Child Safety Zones 2010
w..
s
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
DEFINITIONS; MAKING 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 horne-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
City 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(13B) of the Texas
Procedure, provides a 1,000 foot safety zone
condi tion of probation for those convicted
offenses; and
Code of Criminal
for children, as a
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 Ordinances, City of La Porte,
Texas, Chapter 42 "Miscellaneous Offenses", Article V.
"Regulation of Sex Offender Residency" is hereby amended and
shall read as follows:
"Article V, REGULATION OF SEX OFFENDER RESIDENCY
Sec. 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
Permanent residence is a place where a person abides, lodges, or
resides for fourteen (14) or more consecutive days.
Tenporary 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.
Sec. 42-104.
Exceptions.
Sex Offender Residency Prohibition; Penalty and
(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 Section 481.134 of the Texas Health and
Safety Code, or a child care facility, as that term is
defined in Section 42.002 of the Texas Human Resources
Code. It shall be prima facie evidence that this
article 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.
(b) 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, or in the case of
multiple residences on one property, measuring from
the nc~rcDt \:~ll of thc building or structurc occupicd
thc p~rking / dri TJC'.:~y, \.'hichcTvTcr io cloocr
em~\J.~;i.~c:m:~~~(j~n~e
to the nearest property line
of the premises where children commonly gather, as
described herein. 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.
(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.
Sec. 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)
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, within 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 Peroon, ~o the term "Peroon" io defined in the Tex~o Pen~l
Code, \.ho TvTiol~tec thio Article ~nd upon conviction in the
municip~l court of thio city, oh~ll be guilty of ~ ffiiodeme~nor
~nd oubject to ~ fine for e~ch offenoe in ~n ~mount est~bliohed
by the Ci ty ~nd lioted in llppendix B of thio Code, but in no
event oh~ll ouch fine exceed $500."
Section 3. The City of L~ Porte hereby encour~ges e~ch
indi vidu~l, comp~ny, re~l eot~te ~gent, broker, i.Tendor or de~ler
ceIling ~ home or other d\.'elling, or indi 'vTidu~l or entity
renting or le~oing ~n ~p~rtffient, home, or other d'.Jelling, \:hen
the property th~t in the oubject of the o~le or le~oe io loc~ted
~ithin the corpor~te limito of the City of L~ Porte, to notify ~
perspective purch~oer or renter of thio ordin~nce by providing ~
Hritten copy of this ordin~nce or Inform~tion Sheet ~v~il~ble
from the L~ Porte Police Dep~rtment to the purch~ser or renter.
Section -4 3. 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 wi thin 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 .04. 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 during 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 5. 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 unconsti tutionali ty,
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 full force and effect and to
this end the provisions of this ordinance are declared to be
severable.
Section f 6. 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
17
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
December 13. 2010
Budeet
Requested By: C AlilkinlillM ~iII~tt
Source of Funds:
Department: City AttQrlley/C~' Sel:retary
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Amount Requested:
Exhibits: Ordinance
Budgeted Item: YES NO
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
At the November 8, 2010 City Council Meeting, the La Porte City Council discussed amending
the Chapter 6 "Alcoholic Beverages", Article III "Beer and Wine" section of the of City of La
Porte Code of Ordinances, relating to the regulation of sellers of beer and wine. Staff was
directed to move forward with amending the ordinance.
Action Required bv Council:
Approve Ordinance repealing Ordinance 1000-1, Chapter 6, Article III of the Code of
o III ces, relating to the regulation of sellers of wine and beer.
tJ,!? /ri>
Date
ORDINANCE NO., ~:cA
AN ORDINANCE REPEALING ORDINANCE 1000-1 AND AS CODIFIED IN CHAPTER 6
"ALCOHOLIC BEVERAGES", ARTICLE III "BEER AND WINE" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, RELATING TO THE REGULATION OF
SELLERS OF WINE AND BEER; CONTAINING A REPEALING CLAUSE; CONTAINING
A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. Ordinance 1000-1 and as same is codified in Chapter 6 "Alcoholic Beverages", Article III
"Beer and Wine", Sections 6-76 "Definitions", 6-78 "Location of Sales; permit" , 6-79 "Exemptions", 6-
80 "Issuance; renewal of permit", 6-81 "Intent; Compliance with state law and other regulations", is
hereby repealed in its entirety.
Section 2. Chapter 6 "Alcoholic Beverages", Article III. "Beer and Wine" of the Code of Ordinances of
the City of La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows:
"Sec. 6-67. Sale of beer in residential areas of city.
The sale of beer is prohibited in residential areas of the city.
Cross reference-Residential district regulations, S 106-331 et seq.
State law reference-Authority to prohibit the sale of alcoholic beverages in residential areas,
V.T.C.A., Alcoholic Beverage Code S 109.32."
Section 3. 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 4. Severability. Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall
in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or
portions, the same shall be and remain in full force and effect and to this end the provisions of this
ordinance are declared to be severable.
Section 5. Effective Date.
This Ordinance shall be effective upon its passage and approval.
By:
Mayor
ATTEST:
LfrIaT$v t?~~
Martha A. Gillett
City Secretary
~
Clark T. Askins
-r~-<-~~
/ -
Assistant City Attorney
18
Requested By: Donald l,add
Source of Funds:
N/A
REQUEST FOR CITY COUNCIL AGENDA ITEM
A~pro{lriation
I
Agenda Date Requested: December 13. 2010
Report:
Resolution:
Ordinance:
x
Account Numb~r:
Amount Budgetf<J:
Amount Requested
Department: Fire
Exhibits: Ordinance
Budgeted Item: i YES No
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
Fire Department is proposing an ordinance for the creation of The La Porte Fire Control, Prevention, and Emergency
Medical Service District. As discussed in the last council meeting this will created a distr~ct that will collect a Y4 of
one percent sales tax to be used for fire and emergency services in the city of La Porte. Once the ordinance is
approved by council, the La Porte Fire Control, Prevention, and Emergency Medical SerVice District will be put on
the ballot in the next city election.
Action Required bv Council: !
Fire Department will ask council to approve ordinance establishing the La p,orte Fire Control,
Prevention, and Emergency Medical Service District .
II-It {to
Date
ORDINANCE NO. 2010-33[0
AN ORDINANCE PROPOSING THE CREATION OF THE LA PORTE FIRE CONTROL,
PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT UNDER CHAPTER
344, TEXAS LOCAL GOVERNMENT CODE, MAKING FINDINGS OF FACT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the city of La Porte finds,
determines, and declares that the City of La Porte is a
municipality with a population of not less that 25,000 nor more
than 550,000.
Section 2. The City Council of the City of La Porte proposes
the creation of the La Porte Fire Control, Prevention, and
Emergency Medical Services District under Chapter 344, Texas Local
Government Code. The City Council of the City of La Porte finds,
determines and declares that the City of La Porte is an eligible
municipality, under the terms of Section 344.051, Authority of
Municipality to Propose District, of Chapter 344, Texas Local
Government Code.
On June I, 2001, the City of La Porte was
providing fire suppression and prevention services, and emergency
medical services.
Section 3. It is the intention of the City Council to include
within the boundaries of the District all of the incorporated area
within the City Limits of the City of La Porte, as the limits now
exist or may hereinafter be amended.
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 s. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 13th day of December, 2010.
Lo
By:
ATTEST:
~l~lf:1~i~~{jJW
City Secretary
tJ ~. ;;;,
Knox W. Askins
City Attorney
APPROVED:
2
19/20
........--.... ....._---
A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 13. 2010
Appropriation
Requested By: nonlllrl T ,llrfrf
Source of Funds:
N/A
Department:
Fire
Account Number:
Amount Budgeted:
Report: X Resolution:
Ordinance:
Amount Requested
Exhibits: Draft Ordinance
Budgeted Item: YES No
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
Workshop regarding the Fire Department proposing an ordinance for the creation of a board consisting of seven
people to serve as temporary directors of the La Porte Fire Control, Prevention, and Emergency Medical Service
District.
Action Required bv Council:
Provide staff with direction regarding the Fire Department proposing an ordinance for the creation of a board
consisting of seven people to serve as temporary directors of the La Porte Fire Control, Prevention, and Emergency
Medical Service District.
~f;~o
Date
DRAFT
ORDINANCE NO. 2010-
AN ORDINANCE APPOINTING SEVEN (7) PERSONS TO SERVE AS TEMPORARY
DIRECTORS OF THE LA PORTE FIRE CONTROL, PREVENTION, AND EMERGENCY
MEDICAL SERVICES DISTRICT, PROVIDING FOR AN ORGANIZATIONAL MEETING
OF THE TEMPORARY BOARD, AND ELECTION OF ONE OF ITS MEMBERS AS
PRESIDING OFFICER OF THE BOARD, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the city of La Porte has
heretofore proposed the creation of the La Porte Fire Control,
Prevention, and Emergency Medical Services District under Chapter
344, Texas Local Government Code.
Section 2. The City Council of the city of La Porte hereby
appoints the following seven (7) persons, all of whom reside in the
proposed district, which is the boundaries of the City of La Porte,
to serve as temporary directors of the La Porte Fire Control,
Prevention, and Emergency Services District, to-wit:
A temporary director shall serve until his successor has been
duly appointed and qualified.
Section 3. Not later than the 75th day after December 13,
2010, the date the City Council of the city of La Porte proposed to
create the district, the temporary board shall conduct a meeting to
organize the board. The temporary directors shall elect one of its
members as presiding officer of the board at that meeting. A
temporary director other than the presiding officer may designate
another person to serve in the director's place. The City Council
of the City of La Porte shall fill a vacancy in the office of the
temporary director in the same manner that it originally filled the
vacant position.
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 be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 13th day of December, 2010.
CITY OF LA PORTE
By:
Louis R. Rigby, Mayor
ATTEST:
Martha A. Gillett
city Secretary
Knox W. Askins
city Attorney
2
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 13. 2010
Appropriation
Requested By: Various Department Directors
Source of Funds:
Department: Variolls Departments as shown
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
4th Quarter CIP Report
Amount Requested:
Exhibits:
Budgeted Item:
Exhibits
SUMMARY & RECOMMENDATION
The attached report summarizes the progress of Capital Improvement Projects assigned to
various departments for the 4th Quarter, FY 2009-2010.
. Parks & Recreation Department - S. Barr
· Administration - R. Bottoms
· Public Works - S. Gillett
. Planning - T. Tietjens
It h /to
Date
Capital Project Update
City of La Porte
Parks & Recreation Department
Project 675 - Joint Ventures for Capital Improvements
FOURTH QUARTER FY 09-10
No activity to report.
Project 728 - Brookglen Spray Ground
FOURTH QUARTER FY 09-10
The project is complete except for electrical service installation. CenterPoint has scheduled a
new transformer to be installed in December. Once the new service is in place the project can
be energized and will be ready to operate. It will open to the public in late March or early April
2011.
Project 729 - Sylvan Beach Pier Construction
FOURTH QUARTER FY 09-10
This Project is complete.
Project 893 - Bicycle-Pedestrian Trail System - Pasadena Connector - Fairmont
Parkway
FOURTH QUARTER FY 09-10
This project is substantially complete with only minor touches to be finished and maintenance
has begun on the trail. The segment on Fairmont between SH146 and 16th Street is on hold until
the completion of the Harris County road project in that area. We have a built-in delay in the trail
contract to allow for re-mobilization to complete the project once the Harris County project is
finished. The completion is expected to be in May 2011. Pasadena has agreed to move forward
with the connection on the west end, to the Pasadena Convention Center. Eventually it will be
continued westward on Fairmont Parkway past Red Bluff to the Pasadena trail head just west of
the 1 st Baptist Church.
Project 961 - Brookglen Pool Roof
FOURTH QUARTER FY 09-10
This project is complete.
Project 965- Park Upgrade - Landscaping & Park Enhancements - Little Cedar
Bayou
FOURTH QUARTER FY 09-10
The irrigation of the new landscaping in front of the Wave Pool is scheduled for installation.
Once that is finished, this project will be complete.
Project 984 - Pedestrian Bridge @ Spring Gulley - Connector Trails
FOURTH QUARTER FY 09-10
The City has received the new alignment metes and bounds descriptions for the CenterPoint
segment as well as the Coastal Water Authority segment. Those have been forwarded to the
respective companies for inclusion into the easement and licensing agreements. Once those
are in place we can proceed. Huitt-Zollars is finishing up the design components and should be
ready to bid the project shortly thereafter.
Project 994 - San Jacinto Pathway & Lighting Project
FOURTH QUARTER FY 09-10
The electrical contractor has completed the installation of bases, wiring and conduit for the
project. The paving contractor has laid out and poured the southern portion of the project and
we expect the lights to be installed in the next two weeks. Once the contractor finished the north
end pours, and the lights have been installed, there will be minor finishing components to
complete. this project should be finished by the middle of the second quarter of FY 2010-2011.
Annual Status Report - CIP Projects
Project 531 - Street Maintenance Sales Tax
PROJECT DESCRIPTION
This project is the continuation of the replacement of concrete & overlay of asphalt
streets, utilizing the street maintenance sales tax.
. The following streets were reconstructed and overlayed - contract.
Blackwell - East Main to Park
. The following streets were partially reconstructed and overlayed - contract.
Bay Side - All
Bay Oaks - All
Dwire - All
Bayshore - All
Bay Colony Drive - All
. The following streets were overlayed - contract
South Holmes - East Main to Park
Tarpon - All
Barracuda - All
Sail Fish - All
Dolphin - All
Marlin - All
Bay Colony Circle - All
North Shady Lane - All
South Shady Lane - All
Pine, Oak and Park - North Shady Lane to South Shady Lane
Project 669 - Sanitary Sewer Rehabilitation
PROJECT DESCRIPTION
In May of 1993, the City filed a proposed schedule with the EPA for the investigation and
rehabilitation of the sanitary sewer system. The City, through the use of in-house and
contract labor, has been systematically working through the system to identify and
correct sources of inflow, as well as repair structurally inadequate collection facilities.
. Northwest La Porte Service Area - Performed 14 point repairs, 6 manhole repairs
and inspected 37 manholes Completed contract project replaced 8000 feet of
mainline, 16 manholes and elimination of two (2) lift stations.
. Lift Station 1A Service Area - Performed 11 point repairs, 7 manhole repairs and
inspected 55 manholes using in-house forces. Contract forces pipe-burst 748 feet of
6" line to 8" line and cleaned and televised 8,405 feet of sewer line.
. Service Area F - Performed 53 manhole inspections, rehabilitated 5 manholes,
removed and replaced 1,291 feet of sewer line and cleaned and televised 771 feet of
sewer line using in-house forces.
. Southeast La Porte Service Area - Completed 177 manhole inspections,
rehabilitated 8 manholes, 6 point repairs and inspected 3,300 feet of sewer line using
in-house forces.
. Bay MUD Service Area - Performed 7 point repairs, 14 manhole repairs, smoke
tested 14,204 feet of sewer line, completed 66 manhole inspections and slip lined
1,020 feet of sewer main using in-house forces.
. Fairmont Park Service Area -Inspected 265 manholes, repaired 5 amnholes,
performed 15 point repairs, and smoke-tested 64,868 feet of sewer with in-house
forces. Cleaned and televised 6,258 feet of sewer and rehabilitated and epoxy
sealed 53 vertical feet of manholes and 201 square feet of trunk main junction boxes
with contract forces. All structures on the Fairmont trunk main have been
rehabilitated.
. Spenwick, Pecan Crossing, and Summerwinds Service Area - Repaired 16
manholes, inspected 153 manholes, performed 7 point repairs and smoke tested
22,361 feet of sewer with in-house forces.
. Brookglen Service Area - Performed 12 manhole inspections, 6 manhole repairs
and 4 point repairs with in-house forces. Slip lined 5,598 feet of sewer, cleaned and
televised 8,209 feet of sewer main and performed 1 point repair with contract forces.
. CreekmontlGlen Meadows Service Area - In-house forces completed 115 manhole
inspections, 23 manhole repairs and 5 point repairs in this service area.
Project 712 - McCabe Road Trunk Sewer
PROJECT DESCRIPTION
From an existing manhole at the northeast corner of McCabe Road and Taylor Bayou,
approximately 2400 linear feet of 12" sanitary sewer running easterly and terminating
just west of the East branch of Taylor Bayou. Included are two road crossings to service
vacant properties along the south side of McCabe. Lift station no. 12 will be eliminated
and converted into a manhole. The sanitary sewer infrastructure for the mobile home
park will be tied into the phase I sanitary sewer.
This Project is complete.
Project 898- In-house Waterline Replacement
PROJECT DESCRIPTION
In-house utility forces will construct all waterline replacement. No engineering
anticipated.
. Replace waterline 400 block of North 11 th.
· Replace waterline between 700 block of Nugent and Holmes
· Replace waterline 900 block of San Jacinto and S Virginia
This Project is complete.
Project 933- Sens Road Utility Relocation - Phase II Construction
PROJECT DESCRIPTION
The upcoming widening of Sens Road from Spencer Highway to North P Street will
require the relocation of existing water distribution and wastewater collection lines. Final
design is completed. With the completion of the Bay Area Blvd, Trunk Sewer in FY
2004-05, the potential to eliminate lift stations in the eastern portion of Northwest La
Porte will be incorporated in the relocation effort. The project is necessary to relocate
existing utilities to allow the Sens Road widening to occur.
This Project is complete.
Project 938 -Aeration Improvements
PROJECT DESCRIPTION
The Wastewater Treatment Plant has been evaluated for future needs, with
approximately $6M in improvements identified, including engineering.
This Project is complete
Project 949- Public Works Facility Rehabilitation - Phase III
PROJECT DESCRIPTION
The existing Public Works facility is in excess of 25 years old. The building, a steel
frame with metal sheathing has deteriorated over the years. The roof leaks, walls have
rusted through & the insulation is ruined in many areas.Phase I and II of the project is
complete. Phase III of the project is to remove & replace existing roofing on equipment
storage sheds.
This Project is complete
Project 952 - Lift Station #38
PROJECT DESCRIPTION
This Project involves the rehabilitation of Lift Station #38 (Sunrise Drive) as
recommended by engineering evaluations. The Project includes the rehabilitation of the
existing wet well, and the replacement of existing pumps and motors
This Project is complete
Project 953 - Lift Station #6 (Design Only)
PROJECT DESCRIPTION
As recommended in the May 1984 Comprehensive Wastewater Collection and
Treatment Plan, the October 1997 Southeast Sanitary Sewer Trunk Main and Lift Station
Facilities Report, and the 2000 La Porte Comprehensive Plan a large diameter trunk
sewer was constructed along the west side of Bay Forest Golf Course to south of
McCabe Road. The project included a proposed lift station at the intersection of Taylor
Bayou and McCabe Road. In August 2002, La Porte secured easements for trunk sewer
which began construction in 2007. The construction of this line will allow the
development of approximately 300 acres of land. Corresponding to the culmination of
this project, the receiving Lift Station #6 requires upgrading to complete the project.
This Project is complete
Project 977 - Update Water Master Plan
PROJECT DESCRIPTION
The last full update of the City's Water Master Plan is dated May 1984. Many system
improvements have been made since that time, as well as regulatory changes. The La
Porte Area Water Authority has purchased 7.8 MGD of treated surface water capacity at
the City of Houston's Southeast Purification Plant; the City has constructed one new
elevated storage tank and several thousand feet of new water lines to improve flow &
circulation. The update is needed to measure the effectiveness of completed
improvements & identify additional improvement necessary, together with projected
priorities & estimates.
This Project is complete
Project 995 - McCabe Trail System
PROJECT DESCRIPTION
An eight foot wide concrete bicycle - pedestrian pathway to connect the new Bayshore
Elementary School to the Safe Routes to School trail on S. Broadway. This project will
allow children on foot and bicycle, to connect to the new school without having to travel
on the narrow two lane road. The project will enhance the recreation and transportation
capabilities of the City of La Porte trail system and further the intent of the City's Bicycle
- Pedestrian Trail Plan. This project has been combined with the Public Works Sanitary
Sewer Project for McCabe Road
This Project is complete.
Project 996 - Broadway Waterline Replacement
PROJECT DESCRIPTION
The existing waterline along South Broadway from West A to West E and West F to
West G streets is constructed of cast iron pipe, and has been susceptible to frequent
breakage due to the material and age (40+ years). Replacement of this line with C900
PVC will eliminate this problem.
This Project is complete
Project 997 - Lift Station #10
PROJECT DESCRIPTION
This project involves the replacement of Lift Station #10 (Glen Meadows) as identified by
the recently completed Lift Station Evaluation Study.
Design, bidding and award of Project complete. Electrical and mechanical components
are complete. Site improvements (drive) and final clean-up underway. Expect to
complete this project in next quarter.
Project 998 - 25th Street Water Well Improvements
PROJECT DESCRIPTION
This project is to tie the water system in Northwest La Porte (Lomax area) into the 25th
Street Water Plant system to boost pressures and water delivery in the area, as
recommended by the Water Master Plan. The project will add a 750 gpm booster pump
and upgrade piping at the 25th Street Water Plant, upgrade electrical system at the plant
and add RTU at the plant and the elevated water storage tower on Lomax School Road.
Design, bidding and award of Project is complete. Funding for Phase" of this Project,
which has also been designed, is to be available in the 1 5t quarter of next fiscal year.
Phase I and" will be bid together. Expect to complete in next quarter.
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Capital Improvement Update
Planning Department
December 13, 2010
Project 690 - Drainage Improvements
Proiect Description
The drainage improvement project is intended to be an ongoing, annual project that incorporates
maintenance of existing facilities, investigates and designs improvements to provide relief to specific
areas, and provides for contract design and construction of identified improvements beyond the scope
of City capabilities.
4th Quarter FY 09-10
Intend to utilize this balance for Desilting projects in FY 2010-2011.
Project 708 - Energy Efficiency and Conservation Block Grant
Proiect Description
These reimbursable grant funds will be used to make improvements to various public buildings, which
will result in reduced energy consumption and increased energy efficiency.
4th Quarter FY 09-10
Electrical scope of work underway for lighting and dimmer switches. Preparing bid packet for City Hall
air conditioning unit.
Project 709 - Sidewalk Replacement Program
Proiect Description
These funds will be used to repair sidewalks located in various parts of the City. This is the twelfth year
of a program designed to replace badly deteriorated sidewalks. The sidewalks to be improved will be
selected using guidelines previously reviewed and approved by Council.
4th Quarter FY 09-10
Annual project to be renewed in 2011.
Project 725 - Participation in Water/Wastewater Line Oversizing
Proiect Description
Often the City experiences growth in locations that are not served by utilities. Gaps between new
development and unserved areas create potential areas for City participation. City participation will
stimulate development in these areas.
4th Quarter FY 09-10
No participation necessary this quarter.
Project 788 - Fairmont Parkway w/Harris County
Proiect Description
Harris County's bond program proposes improvements to Fairmont Parkway from SH146 west to 16th
Street. Under the City's plan, Fairmont Parkway remained a 4lane(two each way) parkway with
intersection improvements. In FY 1998-99, Council approved $450,000 for this project. The City's
participation is for upgrading Fairmont Parkway to a 6-lane roadway between SH146 and 16th Street.
Due to increases in costs, $200,000 of additional funding was needed.
4th Quarter FY 09-10
Construction has commenced. Contractor is placing large storm sewer along the south side of Fairmont.
Project 849- F216 Watershed Study Recommendations
Project Description
The City is currently conducting a drainage study to improve drainage and flooding problems in certain
areas. The City has set aside these funds to begin construction on those improvements within the F216
watershed.
4th Quarter FY 09-10
Construction activity has been suspended by contractor until February 2011. Contractor at that time will
remove approximately 70,000 CY of material and begin constructing the flat work and storm sewers.
Project 859 - Northside Community Plan
Proiect Description
The City's 2020 Comprehensive Plan and the 1999 Northside Neighborhood Plan goals charge the City to
do the following:
· Consider to revitalize and rehabilitate existing housing where needed.
· Encourage the rehabilitation or replacement of substandard housing.
· Stabilize and improve the quality of neighborhoods and other areas in decline by attracting
renewed private investment activity.
· Develop a visionary, community-based system to direct actions toward building a strong
economic base for new businesses and jobs together with affordable housing initiatives.
To comply with these objectives, revitalization and development of this area will involve 3 phases:
Phase I involves new housing construction (companion HOME Grant Submitted); Phase II provides the
installation of infrastructure; and Phase III creates a linear pedestrian connectivity using the unimproved
North E Street right-of-way. As a part of Phase II, the City proposes to extend North 7th Street from
West Madison to the unimproved North E Street. City regulations require that property can only be
developed if the proper infrastructure is available, e.g. water, sewer drainage and streets. These
portions of N. 7th Street and N. E Street are unpaved. The City believes that paving N. 7th Street will
serve as a catalyst for housing development and the pedestrian trail on E Street will connect and buffer
the community.
4th Quarter FY 09-10
All five homes have sold. This project cycle is complete.
Project 927 - City Wheelchair Ramp and Infill Sidewalk Construction
Proiect Description
The installation of new wheelchair ramps on an as needed basis. To in-fill areas with new sidewalk to
interconnect existing sidewalks, also to connect schools and public facilities with neighborhoods.
4th Quarter FY 09-10
Completed design to install new sidewalks along Underwoad Rd. and East "H" Street. Advertised project
August, opened bids September with Stone Castle Constructars winning the low bid. Campleted
execution af the contract and expect construction to begin early November. Annual project to be
renewed in 2011.
Project 931 - Laser Fiche
Proiect Description
This is the second phase for the laser fiche implementation. In fiscal year 2006, the City Secretary's
office completed the conversion. The $29,800 will allow Planning and Engineering to convert their
current records into document imaging allowing them to go to a paperless system.
4th Quarter FY 09-10
Department leased a wide format scanner; however document imaging of permanent records on hold
until the network server is upgraded for additional storage capacity.
Project 941 - 908/912 West Main
Project Description
Additional funds to continue repairs of these two buildings, which include the parking lot, landscaping,
drainage, roofing and other needed repairs.
4th Quarter FY 09-10
Engineering issues with parapet rectified, completed brick on both towers and fence columns; completed
area paving.
Project 945 - Street/Drainage Participation
Proiect Description
This is a new initiative to support new small business development. Currently, a short perimeter road
may be required for a development. The developer/owner pays for the entire road. In the future, a
different property owner may access his property through this road without any expenditure or
reimbursement. This would operate similarly to the funds set aside for water/sewer participation. To
implement would first take some policy guidelines and ordinance amendment.
4th Quarter FY 09-10
No activity during this quarter.
Project 950 - Fl01 Master Plan Update/Design @ Pipeline Corridor
Proiect Description
This project will initiate a study for further improvements to the FlOl drainage system. The specific
target of this phase of the project will be crossing the pipeline corridor along the FlOl channel which
has a major negative impact to any improvements that may be envisioned. The goal is to reduce the
cost associated with the construction of improvements and to avoid any major relocation of pipelines
within the easement.
4th Quarter FY 09-10
Harris County has completed a limited desilting. Full desilting could not occur because of pipeline depths
downstream. HCFCD has recently commenced a scoping study to determine activity necessary to
address this problem.
Project 957- Drainage Study
Proiect Description
The City has conducted a Drainage Master Plan study to determine areas within the City with flooding
issues and what needs to be done to improve flooding in those areas. The City has set aside funds to
begin construction on those improvements determined most beneficial.
4th Quarter FY 09-10
Fleetwood Drive construction project has been awarded by Council to Angel Brothers. Flume projects in
Brookglen and Creekmont subdivisions have been bid and will be taken to Council for approval of bid
award. This action will be considered at the October 25, 2010 meeting. Brookglen detention ponds
require additional design within City right-of-way before going to bid phase.
Project 972 - Planning Software (Building/Codes)
Proiect Description
Software provides a comprehensive, flexible solution for community development departments that
supports the tracking of all stages of construction activity. From initial zoning allocation thru plan
review, permit issuance, inspections, co-issuance, final sign-off and future remodeling and code
enforcement events. Data is collected, organized, analyzed and at your fingertips.
Inspections/Code Enforcement:
· Inspection results updated within 5 minutes of completion
. Jobsite access to permit information
· Correction notices issued in the field
· More efficient use of employee time
Planning:
· Property history readily available (P&Z and ZBOA actions)
· Reports
4th Quarter FY 09-10
Planning/Engineering Naviline troining will conclude November 15-18, at which time staff will begin
integrotion of work processes. Software provider is still in beta-testing regarding Field Connect for
Building Permits and Code Enforcement.
22
USES OF DRAINAGE FEE REVENUES
I. Secure services of a consulting engineer on an "on call" basis (not exclusive) to assist the
City in;
· Surveying services
· Design services for various activities, i.e.
· Open channels; closed conduit design
· De-silting projects
· Inlet expansion program
· Evaluation and design of special projects
II.
Bid out annual contracts for various maintenance items, i.e.
· Cleaning and televising of closed conduit systems
. Inlet installations/expansions
· Installation of erosion control structures, head walls etc.
'--------
III. Bid out mowing and maintenance of City of La Porte channels to supplement CLP Public
Works Dept.;
· Channel behind Glen Meadows
· Channel between Methodist Church and Jack In The Box West
(North of Fairmont Parkway)
· 3rd Street Outfall from Fairmont Parkway to Little Cedar Bayou
. "D" Street 8th to Little Cedar Bayou
. Madison 11 th to Little Cedar Bayou
· Channel South of Port of Houston Pre-Gate Facility
· "B" Street in East La Porte
· CaniffRoad Detention (Canada Road)
· Ruthie's Bayou
IV. Supplemental mowing ofHCFCD channels to be determined as needed.
V. Purchase of materials and supplies for non-routine maintenance by city forces.