HomeMy WebLinkAbout1979-04-04 Regular Meeting• •
• MINUTES - REGULAR MEETING
OF THE
LA PORTE CITY COMMISSION, LA PORTE, TEXAS
APRIL 4, 1979
7:00 P.M.
MEMBERS OF THE COMMISSION PRESENT: Mayor J. J. Meza;
Commissioners John Tomerlin, I. J. Kibodeaux, Virginia Cline,
and Tom C. Simons.
MEMBERS OF THE COMMISSION ABSENT: None.
OTHER CITY OFFICIALS PRESENT: J. R. Hudgens, City Administrator;
Margie Goyen, City Clerk; H. F. Freeman, Chief of Police; Stan
Sherwood, Parks & Recreation Director; Joe Sease, Fire Chief;
Paul Hickenbottom, Fire Inspector; R. L. Caldwell, Acting Public
• Works Director; D. R. McLaughlin, Fire Marshal; and Knox Askins,
City Attorney.
OTHERS PRESENT: David Corbin of Busch, Hutchison & Associates;
and E. A. "Buck" Thomas, Candidate.
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 - The invocation was given by Mayor Meza.
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•
• Regular Meeting 4/4/79 2
3. APPROVAL OF MINUTE'S - REGULAR MEETING - MARCH 21, 1979 -
Motion by Commissioner Cline, seconded y Commissioner Tomerlin
to approve the minutes of the regular meeting of March 21, 1979,
as presented. Motion carried by the following vote:
AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons.
NAYS: None.
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4. CONSIDER APPROVING PROPOSED ORDINANCE N0. 1146-A - ORDINANCE
AMENDING CODE REGARDING DEMOLITION OF BUILDINGS - It was
determined that only the caption of Ordinance No. 1146-A need
be read, since the only change to the ordinance was in the
caption.
After the caption of Ordinance No. 1146-A was read in full,
motion by Commissioner Cline, seconded by Commissioner Simons
to approve Ordinance No. 1146-A. Motion carried by the following
vote:
• AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons.
NAYS: None.
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5. RATIFY AWARDING BIDS FOR EQUIPMENT IN 1978-79 BUDGET - Motion by
Commissioner Kibodeaux, seconded by Commissioner Tomerlin to
ratify awarding bids for equipment in the 1978-79 Budget as
follows:
PATROL DIV., 5 4-Dr. Sedans, in the amount of $29,923.64,
Vinson Dodge.
STREET DIV., 1 2-1/2 Ton Dump Truck, in the amount of $12,952.07,
Jay Marks Chevrolet.
STREET DIV., 1 Tractor W/Slope Mower, in the amount of $20,595.57,
Lansdowne Moody.
STREET DIV., 1 Asphalt Distributor, in the amount of $32,213.40,
Port City Ford.
STREET DIV., 1 Road Grader, in the amount of $55,549.00,
Plains Machinery.
STREET DIV., 1 Loader-Backhoe, in the amount of $19,896.00,
HYCO Equipment Company.
•
i
• Regular Meeting 4/4/79 3
5. RATIFY AWARDING BIDS FOR EQUIPMENT IN 1978-79 BUDGET (CONTINUED)
RECREATION DIV., 1 1/2 Ton Pickup, in the amount of $4,830.80,
Norman Frede Chevrolet.
SHOP DIV., 1 1/2 Ton Pickup, in the amount of $4,237.47,
Vinson Dodge.
SANITATION DIV., 20-Three Yard, 10-Two Yard Containers,
in the amount of $6,777.00, Industrial Disposal Supply Co.
WATER DIV., 2 3/4 Ton Trucks, in the amount of $11,326.04,
Vinson Dodge.
WASTEWATER DIV., 1 Air Compressor, in the amount of $8,299.40,
TRECO, Inc.
WASTEWATER DIV., 2 1/2 Ton Pickups, in the amount of $9,862.14,
Vinson Dodge.
INSPECTION DIV., 1 1/2 Ton Compact Pickup, in the amount of
$5,183.80, Norman Frede Chevrolet.
Motion carried by the following vote:
AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons.
NAYS: None.
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6. CONSIDER AWARDING BID -''SWIMMING'POOL FILTERS - B & B POOLS,
IN THE AMOUNT OF $?,216.00 - Motion by Commissioner Tomerlin,
seconded by Commissioner Kibodeaux to awarding the bid for
the' swimming pool filters to B & B Pools of Baytown, in the
amount of $7,216.00. A copy of the recommendation from the
Parks & Recreation Director is attached and made a part of the
minutes. Motion carried by the following vote:
AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons.
NAYS: None.
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7. CONSIDER APPROVING CHANGE OF GOVERNMENTAL SERVICES AGREEMENT
WAIVING INSURANCE PROVISION - Motion by Commissioner Cline,
seconded by Commissioner Simons change the Governmental Services
Agreement by waiving the insurance provision and then approve
the agreement. A copy of the agreement is attached and made a
part of these minutes. Motion carried by the following vote:
• AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons.
NAYS: None.
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• Regular Meeting 4/4/79
•
4
8. CONSIDER APPROVING PROPOSED ORDINA~iCE NO. 1148 - ORDINANCE
VACATING, ABANDONING AND CLOSING A PORTION OF SOUTH OHIO STREET
BETWEEN EAST "C" STREET AND EAST "D' STREET - It was determined
that all the necessary easements a een granted and all informa-
tion was completed.
After the proposed ordinance was read in full, motion by Commissioner
Cline, seconded by Commissioner Simons to approve Ordinance No. 1148
as read. Motion carried by the following vote:
AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons.
NAYS: None.
CAPTION: AN ORDINANCE VACATING, ABANDONING AND CLOSING THE
PORTION OF SOUTH OHIO STREET LYING WITHIN THE AREA BOUNDED BY
EAST "C" STREET AND EAST "D" STREET, AND BETWEEN BLOCK FORTY-
THREE (43) AND BLOCK FORTY-FOUR (44), IN THE BAYFRONT ADDITION,
HARRIS COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE HEREOF.
(SMITH, CRATE, AND CHILDS)
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9. CONSIDER APPROVING CERTIFICATE OF COMPLETION ON SOUTHERN PACIFIC
GRADE SEPARATION - The City Administrator stated that the work
had een completed and Turner, Collie & Braden recommended that
the City execute the certificate of completion; and we had
received a letter from the County placing the Grade Separation
on their records for maintenance.
Motion by Commissioner Kibodeaux, seconded by Commissioner Simons
to approve the Certificate of Completion on the Southern Pacific
Grade Separation. Motion carried by the following vote:
AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons.
NAYS: None.
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10. CONSIDER APPROVING`PROPOSED ORDINANCE N0. 1149 - ORDINANCE
APPOINTING BOP,RD OF EQUAhIZATION - Commissioner Cline asked
why one of the members of the Board of Equalization had been
changed in the proposed ordinance. Mayor Meza stated that
• Mrs. Ruth Huddleston had asked that she not be made a member
again, due to the fact that she would be moving from the City.
•
• Regular Meeting 4/4/79 5
10. CONSIDER APPROVING PROPOSED`ORDINANCE NO. 1149 - ORDINANCE
APPOINTING BOARD OF EQUALIZATION CONTINUED
After the proposed ordinance was read in full, motion by
Commissioner Kibodeaux, seconded by Commissioner Tomerlin
to approve Ordinance No. 1149 as read. Motion carried by the
following vote:
AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons.
NAYS: None.
CAPTION: AN ORDINANCE APPOINTING A BOARD OF EQUALIZATION COMPOSED
OF THREE MEMBERS; SETTING THE DATE OF ITS FIRST MEETING; AND
PRESCRIBING ITS POWERS AND DUTIES; AND DECLARING AN EFFECTIVE
DATE.
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11. CONSIDER APPROPRIATING $300,000.00 FROM GENERAL FUND CONTINGENCY
• FOR PUBLIC WORKS SERVICE CENTER IMPROVEMENT FUND AND AUTHORIZE
'PREPARATI'ON OF PT~ANS AND~SPECIFICATIONS-FOR EXTENSION OF UTILITIES -
Motion y Commissioner C ine, seconded y Commissioner Tomerlin
to appropriate $200,000.00 from the General Fund Contingency
for the Public Works Service Center Improvement Fund and authorize
preparation of plans and specifications for extension of utilities.
Motion carried by the following vote:
AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons.
NAYS: None.
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12. RATIFY APPROVING RESOLUTION 79-3 - RESOLUTION IN SUPPORT OF
HARRIS'COUNTY PROHIBIT`IN'G SALE 'OF FIRE WORKS IN UNINCORPORATED
AREP,S OF THE COUNTY - A ter a brief discussion, Resolution No.
79-3 was read in full.
Motion by Commissioner Cline, seconded by Commissioner Tomerlin
to ratify approving Resolution No. 79-3 as amended. A copy of the
amended resolution is attached and made a part of these minutes,
by adding "the unincorporated area" in front of Harris County
in next to the last paragraph. Motion carried by the following vote:
• AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons.
NAYS: None.
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•
Regular Meeting 4/4/79 6
13. CQNSTDER APPROVING AGREEP4ENT W3TH HARRIS COUNTY FOR RURAL
FIRE PROTECTT'0N - There was a reef discussion regarding the
proposed agreement. Chief Sease recommended approving the
agreement with reservations suggesting that the City include
a letter protesting the amount of monies paid and encouraging
the County Commissioners to set aside a small portion of their
budget each year to cover possible damage to city equipment.
Motion by Commissioner Simons, seconded by Commissioner Kibodeaux
to accept the Fire Chief's recommendation and approve the agreement
with Harris County for Rural Fire Protection noting the Chief's
recommendations. A copy of the recommendation is attached and
made a part of these minutes. Motion carried by the following
vote:
AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons.
NAYS: None.
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•
14. CONSIDER AUTHORIZING ADVERTISING AND P,CCEPTING BIDS TO BE
RECEIVED ON APRIL `25, 1979,`AT` 7.00 P.M.,~'FOR.VARIOUS PROJECTS
FOR THE'EXTENSION OF WATER ANDSANITARY SEWER LINES - The
Administrator stated that t e projects were for the Utility
Extension Agreements for Frank Mohn, PPG Industries, S. D.
Pilkington and Marco Equipment Company.
Motion by Commissioner Kibodeaux, seconded by Commissioner
Tomerlin to authorize advertising and accepting bids to be
received on April 25, 1979, at 7:00 P.M., for these various
projects for the extension of water and sanitary sewer lines.
Motion carried by the following vote:
AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons.
NAYS: None.
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15. ADMINISTRATIVE REPORTS - The Administrator stated he had
received correspondence from the E.P.A. stating that before
further processing of our Step 2 application, there were
some changes needed to our engineering contract.
•
Regular Meeting 4/4/79 7
15. ADMINISTRATIVE REPORTS (CONTINUED)
Dave Corbin stated that he had visited with Terry Turner of the
E.P.A. and the Engineers were in the process of rewriting the
Engineering Contract and felt it would resolve the problem. The
contract would be hand carried to Dallas and Austin in the next
couple of weeks.
There was a brief discussion regarding Spenwick being No. 17 on
the priority listing and should get funding in the near future
whether or not the current design should remain as is or be
expanded to handle College View effluent.
The Administrator stated he had talked with Al Pena of the
Youth League and they had set the opening ceremonies for 9:00 A.M.
on Saturday morning at Fairmont Park Ball Fields.
The Administrator reminded everyone to vote on Saturday.
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• 16. COUNCIL ACTION - Commissioner Cline informed the Commission
of a problem with the sewer line between 2nd and 3rd Streets.
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17. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17 - SECTION 2 -
(E), (F), AND (G) - (LEGAL, LAND ACnUISITION AND PERSONNEL) -
Motion y Commissioner Cline, secon e y Commissioner Tomerlin
that the meeting recess for an executive session to discuss
personnel matters. Motion carried by the following vote:
AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons.
NAYS: None.
The meeting recessed at 7:32 P.M.
The meeting reconvened at 8:30 P.M.
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•
A •
• Regular Meeting 4/4/79 8
18. ADJOURNMENT - Motion by Commissioner Tomerlin, seconded by
Commissioner Kibodeaux that the meeting adjourn. Motion
carried by the following vote:
AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons.
NAYS: None.
The meeting adjourned at 8:31 P.M.
0
Margie oyen, Ci y Clerk
Passed and Approved this
the 18th day of April, 1979.
•
J. J. Meza, Mayor
•
I
MEMORANDUM
•
March 27, 1979
SUBJECT: Equipment Bid Recommendations
TO: Mayor and Council
FROM: J. R. Hudgens
Attached hereto is a summary and'the individual recom-
mendations of Departmental and Division supervisors of
equipment bid awards. The summary delineates the Division,
the equipment, the budgeted amount, t recommended bid
amount, and vendor. ~
JRH/cb
Enc.
/R'~ Hudgens
ty Administrator
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•
.MEMORANDUM
.March 22,1979
T0: J.R. Hudgens
FROM: Ben Talburt
SUBJECT: Inspection Vehicle
.The Inspection Department budgeted $i 5800.00 in fiscal year 1978-
1979 for a 1979 compact truck.
The bids received for this vehicle a~ the Council meeting of March
14,1979 were as follows:
1. Norman Frede $ 5183.80 !~
1929 Chevy Luv
2. Jay Marks $ 5299.95
1979 Chevy Luv ~~- .
Alternates to the bid included were without Am Radio.
1. Norman Frede $ 5114.10 I
2. Jay Marks $ 5230.75 l
After evaluating the bids,I recommend that the bid placed by
Norman Frede in the amount of $ 5183B0 with AM radio be accepted
• in the amount of $ 5183.80. The AM Radio, T feel,is useful in a
one man car as source of news and weather information as well as
• adding to driver comfort on trips to school or meetings outside..
the city. ~ -
The bid from Jay Marks has a lower standard of equipment at a
high bid and is unacceptable.
•
• INTER OFFICE MEMO
T0: Jim Hudgens, City Administrators
FROM: Stan Sherwood, Director Parks and Recreation
.SUBJECT: Reworking Swimming Pool Filter
It is my recommendation that we except the bid
from B. ~, B. Pool Company of Baytown, for the amount
of $7,216.00. ~
r
Stan Sherwood
Director Parks and Recreation
•
i
-2-
(1) Monthl base char es as follows:
Y g
Fire Protection '-
Jail Service
Receiving Police Department telephone
calls, and teletype and telecopy
service
S
Police Radio Dispatching No Charge
(2) A further and additional charge pf $ per fire
call made by LA PORTS to any point within the corporate
limits of CITY; and the further sum of $ per
prisoner per day or any fraction thereof.
I
The total of such base charges, plus charges for said specific
• services, to be paid in full by CITY to LA PORTS, on or before
I
the tenth day of the month following the month in which such
services were rendered. Payments by CITY shall be made from
current revenues available to CITY.
III.
LA PORTS will not be liable for loss or damage to person or
property arising from or caused by orlresulting from alleged
negligence of LA PORTS, its officers r employees or volunteers
in carrying out this contract. CITY agrees to release, and save
and hold LA PORTS harmless, from any such. claim for loss or
damage by itself, or by any person, firm, corporation, or
association, in connection with this cI ntract.
IV.
• CITY shall keep and maintain a general liability insurance
policy with minimum limits of $100,000.00 per person, $300,000.00
each occurrence, and $10,000.00 property damage limits per
occurrence, to insure its obligation too LA PORTS under the pre-
ceding paragraph, and shall, at all times when this agreement
is in force, keep and maintain in the office of the City Clerk
of the CITY OF LA PORTS, a certificate of such insurance coverage.
•
G
~~~
~ ,~a
March 5, 1979
Richard P. Doss
County Engineer
Building
z~4~,S Cp~~~..c
~ ~~~.~ ~
A'P~'CIN~~ ~
T O M B A S S
COMMISSIONER
PRECINCT 1
468
Re: New Structure on Spencer Highway.
over Southern Pacific Tracks
Dear Mr. Doss:
•
Thank you for your recommendation on the above. I agree and request
that you take whatever steps are necessary to include this section of
Spencer Highway in the Precinct 1 Road I,og.
• Yo ~s t uly,
Tom Bass
TB:NG:bem
xc: The Honorable,,J. J. Mesa
Jim Hudgen
Nancy Gehman
J. 0. Harper
Jane Cherry
ADMINISTRATION BUILDING • 1001 PRESTON • HOUSTON. TEXAS 77002 • 713-221-61 1 1
SUGGESTED DRAFT
• CITY OF LAPORTE
Date
Austin Bridge Company
4100 Westheimer
Suite 101
Houston, Texas 77027
Attention: Mr. Walter C. Kennon
Re: Certificate of Acceptance
TC&B Job No. 1677-020
Construction of .Spencer Highway -
Southern Pacific Grade_Separation
City of LaPorte, Texas
Gentlemen:
You are hereby notified that the work required by the
• referenced Contract is accepted by the City of LaPorte.
Very truly yours,
CITY OF LAPORTE
By:
Title:
cc: Turner Collie & Braden Inc.
Post Office Box 13089
Houston, Texas•77019
Attn: Mr. Michael G. Baugher
LJ
• •
•
MEMORANDUM
March 27, 1979
TO: Mayor and Council
FROM: J. R. Hudgens
SUBJECT: Public Works Service Center Improvement Project
Attached hereto is a plat of the property authorized by
Council to be acquired for the proposed construction of a new
Public Works Service Center and future site for a surface
water treatment plant, pump station and clear well storage
facility.
The tract which fronts on the 23rd Street right-of-way
contains 18.38 acres. The agreed sale price of $8,000.00 per
acre makes a total purchase price of $147,040.00, plus closing
costs. In addition to the purchase price, approximately
$55,000.00 will be needed to extend.a street and water and
sanitary sewer lines to the site. The funds for the acquisi-
tion and off-site street and utility extension are available
• from the General Fund Contingency.
It is recommended that Council make an initial appropria-
tion of $200,000.00 for this project and authorize the prepara-
tion of plans and specifications ~r he extension of off-site
utilities. i' /,I i
. ~ R. Hudgens
ity Administrator
JRH/cb
Enc.
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• •
•
OFFICE OF THE FIRE CHIEF
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
•
T0: J. R. Hudgens DATE: 3-30-79
FROM: J. L. Sease
SU$JECT: Rural Fire Protection Contract
After our meeting with J. J. Pruitt, County Fire Marshal,
on ~-29-79 I recommend that the City sign the contract-under
protest.
I feel that a letter from the City should be included
with the contract protesting the amount of monies paid to the
City. I also feel the letter should encourage the County
Commissioners' to set aside a small portion of the budget each
year to cover possible damage to city equipment.
Very Respectfully,
/, ~._~
JJ. L. Sease
•
~. ~ i •
AGREEMENT
THE STATE OF TEXAS ~
COUNTY OF HARRIS
THIS~AGREEMENT, made and entered into by and between HARRIS COUNTY,
a body corporate and politic under the laws of the State of Texas, hereinafter
sometimes called "County",.acting herein by and through its County Judge duly
authorized to so act by an Order of the Harris County Commissioners Court, and
the City of LaPORTE a municipal corporation duly
organized and existing under the laws of the State of Texas, hereinafter some-
times called "City", acting herein by and through its Mayor duly authorized to
so act by an Ordinance duly passed by the City.
WITNESSETH:
WHEREAS, Harris County desires to provide fire fighting and fire
protection services to certain unincorporated areas of Harris County as here-
inafter designated; and
WHEREAS, the City of LaPorte i s
willing to furnish fire fighting and fire protection services to said unin-
corporated areas of Harris County for the considerations hereinafter provided;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in considera-
tion of the mutual. covenants, agreements and benefits to both parties, it is
AGREED as follows:
I.
During the term of this agreement, the City agrees to furnish fire
fighting and fire protection services to the unincorporated areas adjoining
. the corporate limits of this City designated by zone number 33,34 on the
official fire protection zone map of Harris County, to which reference is here
made.
II.
Harris County agrees to pay the sum of $ 4510.00
to the City for fire fighting and fire protection services to the unincorporated
areas of.;iarris County pursuant to Paragraph I bf this agreement. The County
agrees said sum is to be paid to the City within thrity (30) da s after the
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execution of this contract,
•
III.
The term of this agreement shall be one (1) year beginning January
1, 1979, and ending December 31, 1979.
• IV.
It is hereby agreed and understood that the fire fighting and fire
protection services to be furnished by the City under this agreement shall
include but not be limited to the following: Answering all calls for help
and assistance in extinguishing fires in the area designated in Paragraph I
of this agreement; furnishing fire fighting personnel, equipment and supplies
to fight all fires within the said area; and answering all calls and furnishing
fire fighting personnel, equipment and supplies to protect persons and prop-
erty within the said area which are endangered by fires to adjacent areas;
• provided, that the above described personnel, equipment and supplies are not
otherwise engaged in fire fighting within the City.
V.
The City shall observe and comply with all Federal, State, County
and City laws, rules, ordinances and regulations in any manner affecting the
conduct of the services herein provided and performance of all obligations
undertaken by this agreement.
VI.
It is expressly understood that the County has the maximum sum of
$ 45 10.0 0 specifically allocated to fully discharge its obligation
under this agreement and it is expressly understood that in no event shall the
County be obligated to pay this City more that the said sum of $ 45 1 0.0 0
under the terms and provisions of the agreement.
VII.
It is further agreed that in the performance of all obligations
undertaken by this agreement, the City has the right to supervise, manage,
control and direct the performance of fire fighting and fire protection services;
the County shall look to the City for results only and the County shall have no
right at any time to direct or supervise the City or its agents or employees in
• the performance of such services or as to the manner, means or method in which
the services are performed.
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VIII.
The City agrees to deliver to the Fire Marshal of Harris County,
a certified copy of the ordinance authorizing the City to enter into this
agreement witfiin five (5) days after the execution of this agreement.
IX.
The City agrees to furnish the Fire Marshal of Harris County, not
later that the fifth (5th) day of each month, a monthly report listing the
total number of runs made into the unincorporated areas of Harris County for
the previous month and such other information relating to fire fighting and
fire prevention services of the~City as may be requested by Fire Marshal of
Harris County. .Said report shall be made on the form provided by the Harris
• County Fire Marshal and shall be signed and certified by an official of the
c;ty.
ATTEST:
SECRETARY
APPROVED AS TO FORM:
ss~stant County Attorney
I hereby certify tl
are available in the
$ to
obligation of Harris
under and within the
contract.
CITY OF LA PORTE
By -
MAYOR
HARRIS COUNTY
By
JON LINDSAY, County Judge
gat funds
amount of
pay the
County
foregoing
S. G. FULLERTON, County Auditor .
.Harris County, Texas
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Region 6
1201 Elm Street
Dallas TX 75270
•
Arkansas, Louisiana,
Oklahoma, Texas,
New Mexico
y
City of La Porte
P.O. Box 1115
La Porte, Texas 77571
Re: C-481176-02
(Application)
La Porte, Texas
Dear Mr. Hudgens:
The cost and contract review referred to in the February 5, 1979,
certification letter from the Texas Department of Water Resources
has been performed. The following items and comments must be ad-
dressed by you before further processing of the Step 2 application.
1. The proposed engineering design fee of $398,200.00 is at variance
with the estimated design fee of $217,700.00 as indicated for tasks 1,
• 2, 3, and 4 of page 47 of the Facility Plan approved by this agency.
Our evaluation, allowing for present-day economics, indicates that the
design fee as presented in the Facility Plan is within reasonable bounds.
2. Drafting effort, including the subcontract, totals approximately
8 1/2 man-years (2080 man-hours per year). This amount of effort appears
to be greatly excessive for a project of this size: We estimate that
_ approximately 120 sheets of plans will be required. At 2 sheets per
week per man, the effort required will be 1 1/4 man-years.
3. The 5 crew-months of surveying effort must be separated between
the sewer line and treatment plant projects before it can be evaluated.
On the basis of similar projects we have found 2 to 3 crew-months to
be a reasonable effort.
~~,~ United States
Environmental Protection
'~ Agency
~3~~~ . A
~Q ~ ~ ~ EPA
5~~ ~ ~~y~
~4ti March 29, 1979
~a
~~1' Mr. Jim Hudgens
Cit Administrator
4. The 2 1/4 man-years of engineering effort must be separated between
tasks before further evaluation.
5. Under Section V (Changes) the subagreement does not include paragraph
C of Article 4 of 40 CFR Part 35, Appendix C-1.
6. Under Section VIII (Payment) the subagreement does not indicate if
this is a cost reimbursement plus fixed fee type of contract or a fixed
price type of contract. The remaining paragraphs from Appendix C-1,
Article 7, have been rewritten and are not acceptable.
. • •
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7. The subagreement does not include Article 8 (Project Design) or
Article 12 (Labor Standards) of Appendix C-1.
8. Section X of the subagreement has been rewritten from Appendix C-1,
Article 11 (Subcontracts), and is not acceptable.
9. Section XI of the subagreement does not include age as a basis of
non-discrimination as required by Appendix C-1 Article 13 (Equal
Employment Opportunity).
10. Section XIV of the subagreement has been rewritten from Appendix C-1,
Article 16, (Gratuities) and is not acceptable. Reference to employees of
the State has been improperly deleted.
11. We note that a copy of the subcontract between your engineer and
Louis Fontenot and Associates for the amount of $55,000.00 was not in-
cluded with the application documents. You are reminded that your
engineer will be responsible for compliance with all procurement regula-
tions applicable to his subcontract including the determination of the
reasonableness of the cost.
12. The subagreement does not identify the time for performance and
` certify to the sufficiency of personnel and facilities as required by
40 CFR 35.937-9(b).
13. Review of the Cost/Price Summary (EPA Form 5700-41) revealed the
following discrepancies. Unless otherwise noted, the following apply
to both the prime and subcontractor.
a. The firm should submit documentation detailing
the estimating system(s) used to determine
the total hours of each employee. The
hourly rates should also be documented.
b. The firm should submit supporting data
showing how they arrived at the 30~
indirect cost rate, which in our
experience appears to be low. Fontenot's
indirect cost total should be $11,307
and also extended to the totals column.
Busch's indirect cost total should be
$67,710.
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c. The firm should submit an estimate of
trips, the purpose and distance of the
trips and the mileage rate used. The
per diem rate should also be detailed. The
method of estimating the printing and
drafting expenses should be submitted for
Busch's equipment cost.
Please send all correspondence to this office through the Texas Department
of Water Resources.
If you have any questions, please contact Mr. Terry Turner of this office
at (214) 767-2692.
Sincerely yours,
~'~~r!~
arold D. Smith, P.E.
Area Engineer (6AWMT)
Texas Section
• Municipal Facilities Branch
a
cc: Texas Department of Water Resources
Busch Hutchinson and Associates (4151)
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