HomeMy WebLinkAbout1981-02-04 Regular Meeting
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MINUTES - REGULAR MEETING
OF THE
LA PORTE CITY COUNCIL - LA PORTE, TEXAS
FEBRUARY 4, 1981
1. Meeting called to order by Mayor Meza at 7:00 P.M.
Members of the City Council Present: Mayor J. J. Meza, Coun-
cilman I. J. Kibodeaux, Councilwoman Virginia Cline, Council-
man Tom Simons, Councilman Norman Malone
Members of the City Council Absent: Councilman John Tomerlin
Other City Officials Present: City Manager James R. Hudgens,
City Attorney Knox Askins, City Secretary Betty Waters, Public
Works Director Jerry Hodge, Police Chief H. F. Freeman, City
Engineer John Joerns, Assistant Fire Marshal Tom Talley
Others Present: Lou Lawler, Mr. Skelton, Dave Corbin, Mike
® Johnson
2. The invocation was given by Councilman Malone.
3. The minutes of the January 21, 1981, Regular Meeting were
presented for approval.
Councilwoman Cline asked for correction of item 4 in the
January 21, 1981, minutes stating she and Councilman Kibodeaux
has abstained from voting on the Minutes January 14, 1981,
meeting because of our absence.
Motion was made by Councilman Simons to approve the corrected
minutes of the January 21, 1981, Regular Meeting o the La Porte
City Council. Seconded by Councilman Kibodeaux. The motion
carried, 3 ayes and 0 nays.
Ayes: Councilman Kibodeaux, Councilwoman Cline, Councilman
Simons
Nays: None
4. Council considered a recommendation from City Engineer John
Joerns to accept the bid submitted by Bayshore Surveying
Instrument Company, Inc., for:
(1) One Six-Second Theodolite (Lietz TM-6) - $2,870.15
(2) One Electronic Distance Meter (Lietz Red-lA) - $5,002.25
Motion was. made by Councilwoman Cline to award the bid to Bay-
shore Surveying Instrument Co., Inc., as recommended by the
City Engineer. Seconded by Councilman Simons. The motion car-
ried, 3 ayes and 0 nays.
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• Minutes, Regular Meeting, February 4, 1981, Page 2
Ayes: Councilman Kibodeaux, Councilwoman Cline, Councilman
Simons
Nays: None
5. Council considered a recommendation from Public Works Director
Jerry Hodge concerning a hydraulic excavating and grading
machine. The City received two bids, both for the same
machine (Gradall G-440). Hodge recommended the low bid of
$92,200.00 from Hi-Way Equipment Company of Houston.
Simons
Mayor
Cline
Hodge
Cline
Hodge
•
Cline
Hodge
Cline
Hodge
Hudgens
Hodge
Cline
Hodge
Kibodeaux:
Cline
This is a budgeted item?
Yes.
How many bids did we get on this?
Two.
Who was the other one?
Highway Equipment - no, Hi-Way Machinery Company
out of Dallas.
Well, I'd like for Mr. Hodge to fill us in on the
purpose of this equipment. I know it's budgeted
and we've discussed it, but in what way do you
plan to utilize this equipment, Jerry?
It will be used in our drainage program. We bud-
geted three new dump trucks and this excavating
machine. It will be used year round in the drain-
age program.
You have 3 dumps, and correct me if I'm wrong, the
three dump trucks were to be utilized between the
street work and the sanitation department - is that
right?
Not sanitation.
We have a total of 5 dump trucks, or six.
We have more dump trucks, but these 3 are for the
drainage improvement program.
I seem to recall somewhere in our conversation that
at times like in Spring clean up, some of these
dump trucks could be used for City clean up work.
Isn't that right, Kibby?
They can be.
They are at times; I have seen them.
Well, that's beside the point. I just wanted to
clarify that these weren't strictly for .streets.
Motion was made
t the bid submitted
at bid price of $92,200.00. Seconded by Council
The motion carried, 3 ayes and 0 nays.
Ayes: Councilman Kibodeaux, Councilwoman Cline,
Simons
Nays: None
Councilman
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Minutes, Regular Meeting, February 4, 1981, Page 3
6. City Attorney Askins read Ordinance No. 1249: AN ORDINANCE
AMENDING THE 1979 EDITION OF THE SOUTHERN STANDARD BUILDING
CODE, AS AMENDED, AND ALSO KNOWN AS THE BUILDING CODE OF THE
CITY OF LA PORTE; BY AMENDING SECTION 706.5, REQUIREMENTS
FOR ROOFS OUTSIDE FIRE DISTRICTS; PROVIDING REGULATIONS ON
PRIVATE DETACHED GARAGES, CARPORTS AND FARM BUILDINGS; BY
AMENDING SECTION 706.6, WOOD SHINGLES AND SHAKES, REQUIRING
U.L. CLASS "C" FIRE RETARDANT TREATED SHINGLES AS A MINIMUM
FOR WOOD SHINGLE INSTALLATION; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION
SHALL BE FINED IN ANY SUM NOT TO EXCEED TWO HUNDRED DOLLARS
($200.00), AND PROVIDING EACH DAY OF VIOLATION SHALL CONSTI-
TUTE A SEPARATE OFFENSE; CONTAINING A REPEALING CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETING LAT4; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion
Seconds
0 nays.
Ayes:
made
and
ayes and
7. Change order No. 1 on Job No. 74-1068-02, Contract III (Big M
Contractor) standardizing lift station pumps to Gorman Rupp
pumps was submitted for Council's consideration.
Simon s
Nays: None
Councilwoman Cline made a motion to approve the change order.
Seconded by Councilman Simons. The motion carried, 3 ayes and
0 nays.
Ayes: Councilman Kibodeaux, Councilwoman Cline, Councilman
8. Administrative Reports:
City Manager Hudgens brought to Council's attention the need
for a change order (No. 1) for Brown-Couch, contractors on
the sewer plant job. As discussed previously, a relief valve
had been left off the plans. This will add $7,200 to the
contract price, but 75~ of this amount is reimbursable under
our E.P.A. Grant, leaving $1,800.00 as the City's share.
Cline asked if this was still within the alloted bond funds to
pay for this project? Hudgens stated it was. We started with
a contingency of about $450,000.00, so we still have sufficient
funds.
Councilwoman Cline made a motion
on Job No. 74-1068-02
Project. Seconded
3 ayes and 0 nays.
(Brown-Cou
Councilman
to approve Change Order No. 1
h, contractors Sewer Plant
Kibodeaux. The motion carried,
Councilman Kibodeaux, Councilwoman Cline, Councilman
Simons
Nays: None
• Regular Meeting, February 4, 1981, Page 4
City Manager Hudgens reported on Police activities on Tuesday
afternoon (Feb. 10, 1981) when Policemen responded to an alarm
at Bayshore National Bank about 4:20 P.M. for a forgery suspect
which resulted in a chase which ran through the state streets,
out Main, down 146 and ended up on 225, where the suspect was
apprehended. It involved two accidents with police cars, one
a major. Officer Rodgers has been released from the hospital;
there was no significant damage to that vehicle, and Officer
Rodgers is all right. We totally demolished one vehicle at
4th and Main, and Officer Williams is still in the hospital
with neck and back injuries. We will keep you advised of his
progress. Mayor Meza asked if that was one of the new cars?
Hudgens advised him it was not. It was one the department
planned to phase out with the purchase of this year's new cars.
Councilman Kibodeaux asked if the one in the ditch, Officer
Rodgers' car, was one of the newer cars? Chief Freeman stated
it was and sustained very minor damage. Councilman Kibodeaux
asked if the storm drain cover had been replaced? Hudgens
stated it had. Councilman Simons asked about the fire plug
the suspect hit. Hodge stated he wasn't sure it was back in
service.
• 9. Council Action:
Councilman Kibodeaux extended a compliment to Mr. Jerry Hodge,
Director of Public Works, on a job well done. Kibodeaux
stated he felt Hodge should be recognized for his work, since
he has been here everyone is getting along well and the tele-
phone complaints have dropped to none, and he feels Hodge is
doing the City a fine job.
Councilwoman Cline brought to everyone's attention a letter
from County Commissioner Jim Fonteno relating to the Fairmont
Park Project, stating to date (Jan. 21, 1981) the County had
not received a response as to what action the City desires to
take.
Councilwoman Cline asked why the County had not received the
resolution passed by City Council over a month ago. We were
told that until such time as they were told what our plans and
feelings were the project would be upheld from getting the
engineering done.
Mayor Meza stated the City Secretary informed him the resolu-
tion was mailed to Judge Lindsay, Mr. Fonteno's Office.
Councilwoman Cline asked if anyone had inquired as to why,
when this letter was dated January 21, they haven't been
• received? You mean since then we haven't sent more?
Mayor Meza said he has asked Jim to send more. City Secretary
stated more copies would be sent in the morning mail.
• •
. Minutes, Regular Meeting, February 4, 1981, Page 5
Councilwoman Cline said, you know it's almost unbelieveable
to me that all these copies were sent that someone, somewhere
along the line didn't receive a copy of them.
City Secretary assured Councilwoman Cline the Resolutions were
mailed the day after it was adopted and the Mayor came in and
signed it. Councilwoman Cline stated it seems to her that
communications are always a problem around here. As Dick Doss
told us that day, "J. J.," he said, "We are ready to proceed
within our limitations of the bond issue." Fairmont Parkway
is becoming more and more of a problem with traffic, and I
would like to see them proceed with getting something done.
Along those same lines, I think everyone here is aware of the
traffic problem we have at State Highway 146 and Fairmont
Parkway. I don't have it with me, but I do have a letter from
Omer Poorman, State Engineer, stating that the overpass on that
thing is not even going to be considered f.or at least 10 years.
Isn't there something someone can do to convince them we need
that overpass there? When we get Fairmont Parkway improved
with 4 lanes out there it might relieve some of the traffic
hazard down there, but I personally feel we need to push to
get that overpass completed.
• Councilman Simons reminded everyone of the happening last year
when Hurricane Allen was approaching and we had a fire and
Councilman Tomerlin and I tried to get through down there and
could not. If you remember, we talked about the overpass that
night and nothing was ever done.
City Manager Hudgens informed Council that Chief Freeman is
preparing an accident diagram and accident count at that inter-
section. That is our highest accident location and we are
preparing to submit this to the State with a request that some-
thing be done at that location.
Councilman Simons stated that staggered light system wouldn't
have helped back in August when the hurricane scare came and
at that time he asked that a letter be written concerning the
need for the overpass and nothing was ever done.
Councilwoman Cline stated the letter she received was about
December or so and Omer Poorman stated they were aware of the
request but they had no intention of doing anything for the
next 10 years. Councilman Simons brought up about communica-
tions; he felt it seems to go afoul. The Council makes requests
and nothing ever comes of it.
Councilwoman Cline brought out one other item. It had been
• brought to her attention that the land fill operation on North
Broadway is going to come to a stand still. She stated she
had talked to Mr. Hudgens about it this last week and had asked
if he had received any official notification from the County
U
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• Minutes, Regular Meeting, February 4, 1981, Page 6
Engineer's office and he told me no, as to this date he had
not. Now as we are all aware, Commissioners Court has been
in budget hearings and have finalized their budget late in
January. They were asked to allocate some monies for pur-
chasing additional land for the land fill operation. In
inquiring into this, the party owning the land that they needed
to acquire for additional land fill operation told them the
price he wanted for his land out there was close to $750,000.00,
so it looks like that we will be without a land fill and the
City won't have any place to dump their garbage about the first
of March. Has anybody heard anything?
Mayor Meza stated he had talked to Commissioner Fonteno today
and also Judge Lindsay. They both indicated the land is too
high; however, he said it is not a closed door and he would
do everything possible to continue to operate the land fill.
City Manager Hudgens brought to Council's attention that
regardless whether County bought the additional land or not,
it is a short term solution, that it would only relieve the
situation for a few years. Eventually, some other alternative
will have to be found.
• Councilwoman Cline asked if Hudgens had any idea where? Hudgens
stated he would be in contact with the County, area govern-
ments, as well as the Gulf Coast Waste Disposal Authority.
We will be looking at alternatives.
Councilwoman Cline added, the thing that disturbs her is that
it is a local citizen that owns the property being discussed,
and he professess to be a concerned citizen; came out with
"Outlook '81" and entertained everybody in town, but yet he
is holding Commissioners Court's feet to the fire for money
this thing and looks like he should come down off his high
horse and come down on the price of this land so everybody
can benefit and have a better "Outlook '81" and get their
garbage dumped.
Councilman Simons expressed concern about communications. He
would like to see it beefed up a little and when the Council
is to be informed about something he wants to be informed.
Councilwoman Cline asked for a short executive session to
discuss a contractural matter with the City Attorney.
Council adjourned into executive session at 7:30 P.M.
Council returned to the Council table at 7:45 P.M.
• Mayor Meza stated, City Manager Hudgens will contact Ken Strum
by letter concerning the City's liability insurance, and we
will expect an answer by next Wednesday.
•
• Minutes, Regular Meeting, February 4, 1981, Page 7
Motion was made by Councilwoman Cline to adjourn. Seconded
by Councilman Simons.
The meeting was duly adjourned at 7:50 P.M.
Respectfully submitted:
a?~~~~~
Betty T. Waters
City Secretary
Passed and Approved this
the 18th day of February,
19 81
J. J. Meza, Mayor
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CITY OF LA PORTE
INTER-OE'FIC~ t•1Ef~tORAPfDUh1
T0: J. R. Nudge DATE
F RO ~1: John Joerns ~
SUBJECT: Award Recomm ation; (1) Six Second Theodolite
and (1) Electronic Distance Meter
The Engineering Division has reviewed the bids on th.e six (6) .
second digital theodolite and the electronic distance meter. [de
recommend the acceptance of the bid submitted by•Bayshore Surveying
' Instrument Co., Inc.
Recommended Award ~ ~ '
Six Second Theodolite (Lieu TM-6) $ 2,870.15
Electronic Distance Meter (Lieu Red - lA) 5,002.25
In addition to being the lowest qualified bidder, Bayshore
Surveying Inst. Co ~s located nearby in Deer Park and has main-
tenance and repair capabilities. Both items are in stock and
will be delivered immediately upon acceptance. '
•
JJ/dsw
• cc: Betty Waters
U
._ . _ ,;,,
..~ .:..
,, ..
MEMORANDUM
T0: Jim Hudgens City Manager
FROM: Jerry Ho e, ector of Public Works
HATE: Februar ~2, 9 1
SUBJECT: Gra all
The City of La Porte has recieved sealed bids from Hi-Way
Equipment Company, and Hi-Way Machinery Company for a hydraulic
excavating and grading machine. Both companies bid the Gradall
G-440. I recommend that the low bid of $92,200 from Hi-Way Equip-
ment Company be accepted.
• •
ORDINANCE N0. ~~
•
AN ORDINANCE AMENDING THE 1979 EDITION OF THE SOUTHERN STAND ARD BUILDING
CODE, AS AMENDED, AND ALSO KNOWN AS THE BUILDING CODE OF THE CITY OF
LA PORTE; BY AMENDING SECTION 706.5, REQUIREMENTS FOR ROOFS OUTSIDE FIRE
DISTRI CTS; PROVIDING REGULATIONS ON PRIVATE DETACHED GARAGES, CARPORTS,
AND FARM BUILDINGS; BY AMENDING SECTION 706.6, WOOD SHINGLES AND SHAKES,
REQUIRING U.L. CLASS."C" FIRE RETARDANT TREATED SHINGLES AS A MINIMUM
FOR WOOD SHINGLE INSTALLATION: PROVIDING A SEVERABILITY CLAUSE; PRO-
VIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY
SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00), AND PROVIDING EACH DAY
OF VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE; CONTAINING A REPEALING
• CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. Sections 706.5 and 706.6 of the Southern Standard
Building Code, 1979 Edition, heretofore adopted by the City Council
of the City of La Porte, be, and the same is hereby amended to read
as follows, to-wit:
"Section 706.5 - REQUIREMENTS FOR ROOFS OUTSIDE FIRE DISTRICT.
Roofs on buildings outside the Fire District, as established in
Chapter III, shall have Class A, Class B, or Class C roof coverings,
as specified herein. Wood Shingles or Shakes may be used as pro-
vided in Section 706.6. Private detached garages, carports, and
•
farm buildings as defined in Section 504 are regulated by this .section."
"Section 706.6 - WOOD SHINGLES AND SHAKES OUTSIDE THE FIRE DISTRICT.
Buildings not over three (3) stories in height and/or nine thousand
(9,(!00) seuare fee* (For A_~lowable Area Increases see Secti~;a 402.3
for horizontal separation modifications and Table 400 for sprinkler
modifications) in area and located six (6) feet from the property
line may be roofed with U. L. approved Class " C" Flre Retardant
treated grade-labeled No. 1 or No. 2 Wood Shingles and No. 1 Shakes
with a minimum butt thickness of one half (1/2) inch, securely
fastened with rust resistant nails."
ORDINANCE No. ~~ 9 •
• SECTION 2. If any section, paragraph, subdivision, clause,
phrase, or provision of this Ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
Ordinance as a whole or any part or portion thereof, other than
the portion so declared to be invalid or unconstitutional.
SECTION 3. In addition to and cumlative of all other
penalties, the City shall have the right to seek injunctive
relief for any and all violations of this Ordinance.
SECTION 4. Any person as def fined in Section 1.07 (27), Texas
Penal Code, who shall violate any provision of this Ordinance shall
be deemed guilty of a misdemeanor and upon conviction shall be punished
by a fine not to exceed Two Hundred Dollars ($200.00). Each violation
• and each day the violation continues shall constitute separate and
individual offenses and shall be punishable accordingly.
SECTION 5. 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 in the City of
La Porte at least twice within ten (10) days after the passage
of this Ordinance.
SECTION 6. 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, Article 6252 - 17, Texas Revised
Civil Statutes Annotated; 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, con-
sidered and formally acted upon. The City Council further rati-
fies, approves and confirms such written notice and the contents
• and posting thereof.
PAGE 2
PASSED AND APPROVED, this the 4th Day of February, 1981.
ORDINANCE No. ~ ' ~ Page 3
.CITY OF LA PORTE
BY
J. J. Meza, Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney
a