HomeMy WebLinkAbout1979-02-21 Regular Meeting• •
• MINUTES - REGULAR MEETING
OF THE
LA PORTE CITY COMMISSION, LA PORTE, TEXAS
FEBRUARY 21, 1979
7:00 P.M.
MEMBERS OF THE' COMMISSION PRESENT: Mayor J. J. Meza;
Commissioners John Tomerlin, Virginia Cline, and Tom C. Simons.
MEMBERS OF THE COMMISSION ABSENT: Commissioner I. J. Kibodeaux.
OTHER CITY OFFICIALS PRESENT: J. R. Hudgens, City Administrator;
Margie Goyen, City Clerk; H. F. Freeman, Chief of Police; Stan
Sherwood, Director of Parks & Recreation; Paul Hickenbottom, Fire
Inspector; Ben Talburt, Inspector.
• OTHER CITY OFFICIALS ABSENT: Joe Sease, Fire Chief; D. R. McLaughlin,
Fire Marshal; R. L. Caldwell, Acting Public Works Director.
Knox Askins, Attorney.
OTHERS PRESENT: David Corbin of Busch, Hutchison & Associates,
Consulting Engineers.
PRESIDING: Mayor J. J. Meza.
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1. CALL TO ORDER - Mayor Meza called the meeting to order.
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2. INVOCATION ~ COMMISSIONER TOM SIMONS - The invocation was
g vi en y Commissioner Tom Simons.
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• •
• Regular Meeting 2/21/79 2
3. APPROVAL OF MINUTES - REGULAR MEETING OF FEBRUARY 7, 1979,
AND SPECIAL MEETING OF FEBRUARY 16, 1979 - Motion by Com-
missioner Cline, seconded by Commissioner Simons to approve
the minutes of the Regular Meeting of February 7, 1979, and
the Special Meeting of February 16, 1979, as presented.
Motion carried by the following vote:
AYES: Commissioners Tomerlin, Cline, and Simons.
NAYS: None.
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4. RATIFY AUTHORIZING ADVERTISING AND ACCEPTING BIDS FOR EQUIPMENT
IN 1978-79 BUDGET, TO BE RECEIVED ON MARCH 14, 1979, AT 7:00 P.M. -
Motion by Commissioner Tomerlin, seconded by Commissioner Cline
to ratify authorizing advertising and accepting bids for
equipment in the 1978-79 budget, to be received on March 14,
1979, at 7:00 P.M. Motion carried by the following vote:
AYES: Commissioners Tomerlin, Cline, and Simons.
• NAYS: None.
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5. RATIFY AUTHORIZING ADVERTISING AND ACCEPTING BIDS FOR MC CABE
ROAD WATER LINE AND SEWER LINE EXTENSION TO BE RECEIVED ON
MARCH 14, 1979, AT 7:03 P.M. - Motion by Commissioner Simons,
seconded by Commissioner Cline to ratify authorizing advertising
and accepting bids for Mc Cabe Road Water Line and Sewer Line
Extensions to be received on March 14, 1979, at 7:03 P.M.
Motion carried by the following vote:
AYES: Commissioners Tomerlin, Cline, and Simons.
NAYS: None.
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6. CONSIDER APPROVING PROPOSED ORDINANCE NO. 1145 - ORDINANCE
AMENDING CODE REGARDING DANGEROUS BUILDINGS - After the
proposed ordinance was read in full, Commissioner Cline asked
questions regarding Sections 4 and 5. It was determined that
• letters notifying property owners would be mailed certified mail;
and reasonable time, would be determined by the Inspection Depart-
ment, depending on the amount of work to be done.
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• Special Meeting 2/21/79 3
6. CONSIDER APPROVING PROPOSED ORDINANCE NO. 1145 - ORDINANCE
AMENDING CODE REGA'RD'ING' DANGEROUS BUIL'D'INGS CONTINUED
There was more discussion regarding the discression of the
building inspectors or Commission determining reasonable
time; the numerous buildings and the condition they are in
and the fact that the Bourd will work on the removable to
these buildings before working on those that have residents
in at this time.
Commission Cline stated that she hoped this ordinance would
give the Inspection and Fire Departments the policing tool
they needed.
Motion by Commissioner Cline, seconded by Commissioner Simons
to approve Ordinance No. 1145 as read. Motion carried by the
following vote:
AYES: Commissioners Tomerlin, Cline, and Simons.
NAYS: None.
• CAPTION: AN ORDINANCE AMENDING PROVISIONS OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE CONCERNING DANGEROUS
BUILDINGS; PROVIDING FOR A BOARD OF INSPECTION; DECLARING A
DANGEROUS BUILDING TO BE A NUISANCE AND HAZARD; PROVIDING FOR
NOTICE AND HEARING CONCERNING A BUILDING DEEMED DANGEROUS;
PROVIDING FOR THE REMOVAL OR REPAIR OF A DANGEROUS BUILDING;
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 MORE THAN TWO HUNDRED DOLLARS ($200.00)
PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE HEREOF.
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7. CONSIDER APPROVING UTILITY EXTENSION AGREEMENT WITH S. D.
PILKINTON - The Administrator stated that this would be a
six inch sanitary sewer line for Lots 19, 20, 21, 22, 23, and
24, Block 12, Bay Front Addition.
Commissioner Cline stated that she had spoken with Mr. Pilkinton
regarding the bond election and extension of sanitary sewer lines.
There was a brief discussion regarding the approximate cost of
$3,000.00 for this line and the fact that at this location there
• would probably be very few persons to tie on to this line for
Mr. Pilkinton to get reimbursement.
•
Special Meeting 2/21/79
4
7. CONSIDER APPROVING UTILITY EXTENSION AGREEMENT WITH S. D.
PILKINTON (CONTINUED)
Motion by Commissioner Tomerlin, seconded by Commissioner
Simons to approve the Utility Extension Agreement with
S. D. Pilkinton. A copy of the agreement is attached and
made a part of these minutes. Motion carried by the following
vote:
AYES: Commissioners Tomerlin, Cline, and Simons.
NAYS: None.
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8. CONSIDER APPROVING PROPOSED ORDINANCE NO. 1146 - ORDINANCE
AMENDING CDDE REGP,RDING DEMOLITION DF BUILDINGS - After the
proposed ordinance was read in full, motion by Commissioner
Cline, seconded by Commissioner Simons to approve Ordinance
No. 1146 as read. Motion carried by the following vote:
•
AYES: Commissioners Tomerlin, Cline, and Simons.
NAYS: None.
CAPTION: AN ORDINANCE AMENDING THE PROVISIONS OF THE CODE OF
ORDINANCES CONCERNING DEMOLITION OF BUILDINGS AND OTHER STRUCTURES;
PROVIDING THAT THE PERMIT FEE SHALL BE TEN DOLLARS ($10.00);
PROVIDING THAT EACH APPLICANT SHALL FILE A ONE THOUSAND DOLLAR
($1,000.00) CASH BOND; PROVIDING THAT PERMITS AUTOMATICALLY
TERMINATE AT SIXTY (60) DAYS FROM ISSUANCE; 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 MORE THAN TWO HUNDRED DOLLARS ($200.00); PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE HEREOF.
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9. CONSIDER APPROVING FINAL PAYMENT TO P. G. BELL FOR NEW CITY HALL -
The Administrator stated that a recommendation from the Architect
that the final payment be made to P. G. Bell for the new city
hall. After a brief discussion, motion by Commissioner Cline,
seconded by Commissioner Tomerlin to approve final payment,
in the amount of $13,151.26, to P. G. Bell, for the new city hall.
Motion carried by the following vote:
AYES: Commissioners Tomerlin, Cline, and Simons.
NAYS: None.
C
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•
Special Meeting 2/21/79
5
10. ADMINISTRATIVE REPORTS - The Administrator informed the Commission
of a request from the Director. of Parks & Recreation for lighting
the field behind the South Side Civic Center and other items
needed to get the field in condition for playing because there
are not enough ball fields. The cost for lighting, clay, sand,
port-o-cans, bulbs and meter loop would be approximately $4,500.00.
The Administrator asked that the Commission allow the work to be
begun and ratify the expenditure at the next regular meeting.
There was a general discussion regarding all the ball facilities;
the cost for a meter loop; a possible ball field at Sylvan Beach;
and response for adjoining cities for a joint participation.
Motion by Commissioner Simons, seconded by Commissioner Tomerlin
to authorize the Administrator and Director of Parks & Recreation
to proceed with the necessary work for lighting the ballfield
behind the South Side Civic Center at an approximate cost of
$4,500.00, to be ratified at the next regular meeting. Motion
carried by the following vote:
AYES: Commissioners Tomerlin, Cline, and Simons.
NAYS: None.
The Administrator reminded the Commission of the Special Meeting
to be held at 7:30 P.M., on February 24, 1979, to canvass the
results of the bond election; and asked for a brief executive
session regarding real estate.
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11. COUNCIL ACTION - Commissioner Cline stated that a request had
been received to open "F" Street between 4th and 5th Streets.
After a brief discussion, the Administrator stated that he would
check with the Fire Department and Public Works for their recom-
mendations on the opening of "F" Street between 4th and 5th
Streets.
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•
:7
•
Special Meeting 2/21/79
12. EXECUTIVE SESSION - V`.A.T.S.
•
LE '625'2-17 - SECTION 2 -
6
xSVNiv~1.,~ -
sioner SSimons
Motion carried
AYES: Commissioners Tomerlin, Cline, and Simons.
NAYS: None.
The meeting recessed at 7:40 P.M.
The meeting reconvened at 8:06 P.M.
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•
13. ADJOURNMENT - Motion by Commissioner Simons, seconded by
Commissioner Tomerlin that the meeting adjourn. Motion carried
by the following vote:
AYES: Commissioners Tomerlin, Cline, and Simons.
NAYS: None.
The meeting adjourned at 8:07 P.M.
Passed and Approved this
the 7th day of March, 1979.
J. J. Meza, Mayor
/may, o
,/ ~i
Margie oyen, Ci y Clerk
•
that the meeting recess for an executive session.
by the following vote:
.. ~ _ •
•
MEMORANDUM
February 13, 1979
TO: Mayor and Council
FROM: J. R. Hudgens
SUBJECT: Authorization to Bid Equipment
The staff is prepared to solicit bids for equipment
approved in this fiscal year's budget. The following are the
items to be bid:
Parks Division
1 - 1/2-ton pickup
Inspection Division
1 - 1/2-ton pickup
Water and Sewer
• 1 -Air compressor and accessories
3 - 1/2-ton pickups
1 - 3/4-ton pickup
Street Division
1 - tractor and slope mower
1 -motor grader
1 - loader/backhoe
1 - 2 1/2-ton dump truck
1 - asphalt distributor
Sanitation Division
20 - 3 yard containers
10 - 2 yard containers
•
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MEMORANDUM
• Mayor and Council
February 13, 1979
Page 2
Patrol Division
4 - 4-door sedans (police package)
In order to provide adequate lead time for coordination
and solicitation of bids, it is r ended that bids be
opened during the workshop meet~March 14, 1979.
Hudgens
JRH/cb
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CITY OF LA PORTE
INVITATION TO BIDDERS
Sealed proposals addressed to the Mayor and City Commission of the City of
La Porte, Harris County, Texas, and marked:
WATER AND SANITARY SEWER LINE EXTENSIONS ON McCABE ROAD
(TO SERVE FORESTVIEW MOBILE HOME PARK)
in accordance with the Plans and Specifications prepared by Busch, Hutchison
and Associates, Incorporated, and adopted by the City of La Porte, will be
received at the office of the City Clerk, 604 West Fairmont Parkway, until
7:03 p.m., March 14, 1979 ,and then publicly opened and read aloud. Any
bid received after closing time will be returned unopened.
The bidder shall be required to furnish a Bid Surety Bond with his proposal in
the amount of five percent (5q) of the greatest amount bid. The successful
Bidder shall be required to furnish Payment and Performance Bonds, each in
the faithful performance of this contract.
Plans, Specifications and bidding documents may be secured from the office of
Busch, Hutchison and Associates, Inc., 1107 Fleetwood Drive, Baytown, Texas,
upon deposit of $50.00. Deposits will be returned if Plans and Specifications
are returned in good condition within five days after bid opening.
The City reserves the right to reject any and/or all bids, to waive any and
all formalities and to accept any bid which in the opinion of the City
• Commission is most advantageous to the City.
Margie Goyen
City Clerk
Publish: February 22, 1979
March 1, 1979
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s •
UTILITY EXTENSION AGRE%MENT
Tlii: STATE OF TEXAS X
X
COUNTY OF HARRIS X
This agreement, made this 1~3 day of ~,~13R~;Af?T, 19~,
by and between the City of La Porte, herein called "City", acting
herein throkgh its
(Tztle of authorized officialj-
and ~~th~;c~~ ~, ~;LtLIhST~(s
Str~.ke out inapplicable terms - - '- . )
(an individual -
of L A ~~~f~ ; +~.. County of I~ ~i?i2t~ , and State
of __ `'t"' I~ ~ t'~s hereinafter called "Owner .'-'
~.W I T N E S S E T H
•
(1) All references to "t;tili;-.y Main (s) " h~reur~der shall, for
the purposes of this agreement, refer to ~.~~,
v~~~i~° ~.~ ~ ~
(2) Owner is the owner of certain property in the City of
La Porte, Harris County, Texas, identified as
L.v~tS I`1, ao ~ 21 (,Ow;~P,a7 3~ ~.a. ~~l-kir--rcti.~,)
L tT ~ o ~~ ~p t7~RT~ ,~~`~~
,~:=:~~~~ City's .utility mains do not pres~.ntly extend to said property.
Ow,tcr has raquested City to extend utility mains to Owner's said
property.
. s •
(3) City hereby agrees to construct and install an extension
• of its utility main (s) to said pro~~erL-y commencing at the nearest
existing utility main(s) of sufficient sire and capacity. Thence
along/thru City of La Porte rights-oL--way and/or easements to said
Owner's property. Provided, however, that should City not possess
all necessary rights-of-way and/or easements to complete said
extension(s), Owner shall be solely res~~onsible for obtaining said
• additional rights-of-way and/or easements at no cost to City.
U
•
(~) Owner agrees to pay all costs related to the construc-
tion and installation of said line(s) including necessary appur-
tenances in conformance with City's standards and specifications
for said line(s). Owner further agrees to pay all engineering
fees for survey, design, contract documents, bidding, construction
staking, and construction insp~:;,tion.
(5) Subject to the provisions of this agreement, City hereby
agrees to construct and install said extension of its utility
main(s) according to the plans and specifications to be prepared
by City's engineer. Prior to City authorizing the City's engineer
to prepare plans and specifications Owner will deposit with City
in escrow a sum of money based on and equal to the City engineer's
estimated project cost in conformance with Section 4, less esti-
mated construction, construction staking and inspection costs.
Thereafter, City will authorize the City engineer to prepare plans
and specifications for said extension(s). Upon completion of plans
and specifications City will place the project for bid. When bids
are received they shall be tabulated by tre City and a copy of
said tabulation shall be provided to Owner. Thereafter, Owner
shall deposit with City in escrow a sum equal to the amount bid
by the lowest responsible chosen bidder, plus a sum equal to the
estimated construction staking and inspection fees if applicable.
When said deposit has been made by Owner, City shall execute a
contract for said extension(s). It is agreed and understood that
the deposited escrow amount made by Owner does not relieve Owner
from pati-ing for any unforseen costs and/or cost overruns in the
project gnat result fro:;i circum:~tances beyond t c co:.i:.rol of City.
(6) City agrees to accept the value of the extension(s) that
abutt said Owner's property as a pro rata portion of the prevailing
square footage and/or L-ront footage connection char.~e for water
and/or sewer service against said property belonging to Owner.
Owner shall be responsible for all other customary charges.
(7) Upon execution of this agreement and compliance with
terms herein, City agrees to begin the preparation of engineering
plans and construction specifications for said extension(s), and
to begin construction thereof as soon as the same may be let for
contract as herein provided. City sizall require the contractor
under such contract to diligently pursue the construction of the
project to completion.
• ,(8) In the event that other owners of property abutting the
line(s) extended by Owner under this contract, as shown on the
plat attached hereto as exhibit A and incorporated by reference
herein, shall utilize the extended line(s) constructed under this
agreement, by making connection thereto under a permit from City
within a period of ten (10) years frorn and a%ter tine data C.i::1,
has accepted the construction of said facilities by the contractor,
City agrees to collect from said property owners, its prevailing
square footage and/or front footage connection fees from said
property owners and to reimburses Owner the amount collected from
such property owners, until 0~•~ner has been reimbursed a maximum
total of the sum paid by Owner to the City under the terms of
this agrccrnent, less Owner's own water and/or sewer square footage
and/or front footage connection charges.
•
• •
IN WITNf:S5 WIILRLOi , the ParL-ics to these present have executed
this agreement in several counteri~arts, each of which shall be
•• deemed an original, in the year and day first mentioned above.
(Seal) CITY OF LA PORTE
ATTEST:
By: gy;
Secretary
Title:
(Seal)
. Ownez ~ ~~~ ... ~~ `~ .
By:
Secretary
PTitness) --
• ~~ t- ~ t~C ~ ~? 7 7
• Address and zip code
• Approved as to Form:
City Attorney
Note: Cit.;y Se~~retary should ~.ttes~.:• I.f cc,ner i~ a corporation,
Secretary of Corporation should attest.
•
•
• •
T0: LA PORTE CITY COUNCIL
SUBJECT: A situation that does not seem right as discussed by two characters -
Mr. CITY - City administrator
Mr. CITIZEN - A couple wanting to build a home
CITIZEN - Hello Mr. City - I'm Mr. Citizen and I wonder if you could help us
get a sewer line over to the new house we are having built. The existing
line is about 90 ft. away from the property, could you put that in for us?
CITY - Only if you pay for it. .
CITIZEN - What do you mean if I pay for it?
CITY - Well - you will have to pay for it, the city can't pay the initial cost.
CITIZEN - I thought you people put in water lines and sewer iines and things
like that.
CITY - Well no, we only maintain what is already there.
CI'fTZEN - If I pay for the materials, would you install it?
CITY - No.
CITIZEN - But this thing may cost $3,000 or $4,000, don't you feel any
responsibility whatsoever?
CITY - No, we can't pay the initial cost.
CITIZEN - Would you pay 50%, 20%, or even 10%?
CITY - No.
CITIZEN - How do you get new lines installed?
CITY - We make people that want them pay for them. Here, let me give you a
copy of our utility extension agreement.
CITIZEN - You're right - the way this agreement reads, the owner pays for
everything and the city pays for nothing. That does not seem fair.
CITY - Oh yes, we are as fair with you as we are to everybody else.
We have GOT to be consistant in this, this applies to everybody.
C7
v.
• •
!~
CITIZEN - You mean if a builder wants to build and sell 20 houses for profit
and a businessman wants to build an office or warehouse to serve his
business, they are treated dust like I am if I want to build one house to live in?
CITY - Yes, that is right, we are consistant in treating everyone the same.
CITIZEN - Well ~attitudetbistheecity mI caneseen no concern'foratheiindividual
build it or not Y
'at all.
CITY - Oh, we are concerned, we don't want you to think we are not, but we
must treat everybody the same.
CITIZEN - Are you concerned enough to pay any of the cost?
CITY - No.
CITIZEN - I see I'm not making any headway with my pleading, but I do want
to say this - When a city states that it has no financial responsibility,
whatsoever, to a person wanting to build a house to live in only 90 ft. from
an existing sewer, then there is something wrong.
You are making these people build the line like you want it, pay for it,
give it to you, then pay you to use it, along with their taxes. THIS IS NOT RIGHT.
Why do you insist on viewing residential and commercial as equal? The
Telephone Co, makes a distinction between commercial and residential, as do
many other businesses including the Gas Co., Light Co., Insurance Companies,
Banks, and your Water Co. IT JUST DOES NOT SEEM FAIR.
Since you must submit our utility extension agreement to Council for
consideration, I thought it only fair that they be made aware of these
comments too.
Respectfully,
S. D. Pilkinton
,,
•
,.. -" ~ ~ •
MEMORANDUM
February 15, 1979
TO: Mayor & Council
FROM: J. R. Hudgens
SUBJECT: P. G. Bell Contract
Attached is correspondence from Jack Porterfield recommending
final payment on the P. G Bell contract.
This item will be placed on the agenda for Council action on
February 21, 1979 for your consideration. If possible, before
that time I would like to speak to each of you about this matter.
J. R. Hudgens
City Administrator
JRH/cb
• Enc.
•
^~
SY~AON D E. DOUGH TIE
•
1 ACK M. PORTf REIELb
January 22, 1979
The Honorable J. J. Meza, Mayor
City of LaPorte
P. O. Box 1115
LaPorte, Texas 77571
Re: LaPorte City Hall Building
Dear Mayor Meza:
The contractor's request for final payment is approved.
Any items needing adjustment will be covered under
warranty/bond.
•
•
Sincerely,
UGHTIE &
([ck M. Porte
MP:ns
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A R C H I T E C T S
FIRST PASADENA
STATE BANK 6UIlDING
Area Code (713 473-6188
PASADENA, TEXAS
CAROL 1. L I B B Y, A S S O C I A T E
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