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Home My WebLink About1982-05-19 Regular Meeting• • MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL MAY 19, 1982 1. Call to order by Mayor Cline at 7:00 P.M. Members of the Council Present: Mayor Virginia Cline, Councilpersons Norman Malone, John Longley, Kevin Graves, Lindsay Pfeiffer, Don Skelton, Linda Westergren Members of the Council Absent: Councilpersons Edward Matuszak, Deotis Gay Members of the City Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Betty maters, Director of Public Works Jerry Hodge, Chief of Police Herbert F. Freeman, Director of Engineering John Joerns, Parks Direc- tor Stanley Sherwood, Fire Chief Joe Sease, Fire Marshal Paul Hickenbottom Others Present: Craig Garnett, Bayshore Sun; Frieda Beat , Y Baytown Sun; Dave Corbin of Busch, Hutchison & Associates. There were 26 interested citizens present in the Council Chambers. 2. The invocation was given by City Attorney Askins 3. The Council considered the minutes of the Regular Meeting held May 5, 1982. A motion was made by Councilperson Malone to approve the minutes as submitted. Second by Councilperson Skelton. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None 4. The City Council considered an Ordinance read by City Attorney Askins: AN ORDINANCE ADOPTING A SCHEDULE OF b1INIMUbZ FINES FOR TRAFFIC VIOLATIONS FOR THE CITY OF LA PORTE MUNICIPAL COURT; AUTHORIZING THE PRINTING OF SUCH SCHEDULE OF MINIMUM FINES ON THE REVERSE OF THE VIOLATOR'S COPY OF TRAFFIC CITATIONS; AND PROVIDING AN EFFECTIVE DATE HEREOF r • • Minutes, Regular Meeting, La Porte City Council May '19, 1982, Page 2 5. 6. A_motion was made by Councilperson Graves to approve and adopt Ordinance No. 1318 as read by the City Attorney. Second by Councilperson Malone. The motion carried, 6 ayes and 1 nay. Ayes: Councilpersons Malone, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: Councilperson Longley The City Council considered an Ordinance read by the City Attorney: AN ORDINANCE REPEALING ORDINAI~ICE NO. 1317, PASSED AND APPROVED MAY 5, 1982; AND PROVIDING AN EFFECTIVE DATE HEREOF Councilperson Skelton to a 317A as read by the City A by Councilperson Westergren. 0 nays. adopt Ordinance No. A motion was The motion carri grove and torney. Second 7 ayes and Ayes: Councilpersons Malone, Longley, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None The City Council considered an Ordinance read by City Attorney Askins: AN ORDINANCE AMENDING THE ELECTRIC CODE OF THE CITY OF LA PORTE; ALLOWING THE USE OF TEMPORARY UNDERGROUND ALUMINUM SERVICE CONDUCTORS AT CONSTRUCTION SITES ONLY UPON ISSUANCE OF A TEMPORARY PERPQIT; ALLOWING THE USE OF ALUMINUM WIRING WITHIN A TEMPORARY POLE AT CONSTRUCTION SITES ONLY UPON THE ISSUANCE OF A TEMPORARY PERMIT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE FINED IN ANY SUM NOT MORE THAN TT9O HUNDRED DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE HEREOF A motion was made by Councilperson Skelton to approve and adopt Ordinance No. 1319 as read by the City Attorney. Second by Councilperson Westergren. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None made b • • Minutes, Regular Meeting, La Porte City Council May 19, 1982, Page 3 7. Council considered the recommendations of Public Works Director Hodge concerning "PVC - Cast Iron Pipe and Fittings". A motion was made by Councilperson Longley to award the bids for cast iron fittings to: Golden Triangle for items 1-12 and 17-18 The Rohan Co. for items 13-16 For PVC and cast iron pipe to: The Rohan Co. for items 1-4 Golden Triangle for items 5-9 For PVC fittings to the Rohan Co. The motion was seconded by Councilperson Graves. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None 8. Council considered an Ordinance read by City Attorney Askins: AN ORDINANCE DENYING THE PETITION OF UNION CARBIDE CORPORATION (Requesting a single metering of its seven unit air separa- tion plant) A motion was made by Councilperson Pfeiffer to approve and pass Ordinance No. 1320 as read by the City Attorney, Second by Councilperson Longley. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None 9. Council considered authorizing re-bidding the remaining work on the rehabilitation of sanitary sewer collection system due to the default by the original contractor. Mayor Cline asked for an executive session to consider a legal matter concerning pending litigation. This met with the Council's approval. Council retired into executive session at 7:17 P.M. Council returned to the Council table and the meeting was re- convened at 9:10 P.M. ~ f • Minutes, Regular Meeting, La Porte City Council May 19, 1982, Page 4 Motion was made by Councilperson Graves to table any action on the remaining work to be done on the rehabilitation of the sanitary sewer collection system to the next regular meeting of the La Porte City Council, June 2, 1982. The motion was seconded by Councilperson Skelton. Motion car- ried, 7 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None • 10. City Manager Owen had no administrative reports to bring to the Council at this time. 11. Council Action: Councilperson Malone requested a representative from the Cable TV company be present to update the Council on Wed- nesday, May 26. Councilperson Skelton presented the Council with an in-depth overview of the Solid Waste tour he and the Mayor made to Atlanta, Georgia. This item was placed on the next workshop agenda. Mayor Cline requested an Ordinance authorizing the destruction of redeemed bonds and coupons for the next regular meeting of the Council. 12. There being no further business to be brought before the Council, the meeting was duly adjourned at 9:20 P.M. Res ctfully submitteJd: tt .haters Cit ecretary Passed & Approved this th 2nd day of June, 1982 ~ ' - ~~~ ..,c./ Vi inia Cline, Mayor • • • ORDINANCE NO. ~~~ AN ORDINANCE ADOPTING A SCHEDULE OF MINIMUM FINES FOR TRAFFIC BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: VIOLATIONS FOR THE CITY OF LA PORTS MUNICIPAL COURT; AUTHORIZING THE PRINTING OF SUCH SCHEDULE OF MINI;~sUM FINES ON THE REVERSE OF THE VIOLATOR'S COPY OF TRAFFIC CITATIONS; AND PROVIDING AN EFFEC- TIVE DATE HEREOF. Section 1. The City Council of the City of La Porte hereby adopts the following schedule of minimum fines for traffic viola- . tions: ADD $6.00 STATE COURT TAX FOR EACH OFFENSE DESTRUCTION OF CITY PROPERTY OR PRIVATE PROPERTY .......................................$200.00 DISORDERLY CONDUCT; DISTURBING THE PEACE; INDECENT EXPOSURE; MINOR IN POSSESSION OF ALCOHOLIC BEVERAGE; PUBLIC INTOXICATION; SIi-SPLE ASSAULT; SHOPLIFTING .................... 75.00 ANIti1AL AT LARGE .................................. 20.00 CHANGING LANES - NOT IN SAFETY ................... 30.00 CONTEST OF SPEED (INCLUDING EXHIBITIOiJ OF ACCELERATION; AND RECKLESS DRIVING) 55.00 CUTTING FUNERAL PROCESSION ....................... 15.00 DEFECTIVE EQUIPMENT (BRAKES, LIGHTS, ETC.)....... 30.00 DEFECTIVE EXHAUST; NO MUFFLER; DEFECTIVE MUFFLER OR ILLEGAL MUFFLER ...:................. 30.00 DRIVING LEFT OF CENTER ........................... 20.00 DRIVING ON WRONG SIDE OF ROADWAY ................. 20.00 DRIVING WITHOUT LIGHTS ........................... 35.00 DRIVING WRONG WAY ON A ONE ti4AY OR F~RONG WAY ON ONE-WAY ..................................... 35.00' . EXCESSIVE NOISE .................................. EXPIRED MOTOR VEHICLE IiJSPECTION STICKER......... 20.00 25.00 FAILURE TO CHANGE ADDRESS ON DRIVER'S LICENSE.... 20.00 FAILURE TO FOLL0~4 TRUCK ROUTE .................... 35.00 FAILURE TO CONTROL SPEED TO AVOID ACCIDENT....... 55.00 FAILURE TO DIM LIGHTS ............................ 15.00 FAILURE TO DRIVE IN A SINGLE MARKED LANE......... 30.00 FAILURE TO RE~SAIN AT SCENE OF ACCIDENT AND GIVE INFORr1ATI0iJ ............................... 75.00 FAILURE TO STOP FOR PEDESTRIAN IN CROSStVALK...... 20.00 FAILURE TO YIELD RIGHT-OF-WAY SIGN ............... 20.00 FAILURE TO YIELD RIGHT-OF-WAY TO EP~IERGENCY VEHICLE ........................................ 35.00 FOLLO~~ING TOO CLOSE - ACCIDENT ................... 55.00 FOLLOWING TOO CLOSE - NON-ACCIDENT ............... 15.00 FOLLOWING TOO CLOSE - EMERGENCY VEHICLE.......... 35.00 ILLEGAL PASSING; ILLEGAL TURNS; (INCLUDING U-TURNS); CUTTING CORNER ....................... 35.00 ILLEGAL PASSIPJG OF SCHOOL BUS .................... 55.00 ILLEGAL PARKIiJG (EXCEPT FOR FIRE ZONE)........... 6.00 ILLEGAL PARKING IN FIRE ZONE ..................... 35.00 ILLEGAL PARKING OiJ ROADWAY ....................... 35.00 IMPROPER BACI<ING ................................. 15.00 IMPROPER REGISTRATION {EXCEPT FOR ILLEGAL REGISTRATION ................................... 20.00 • ~n/ • ORDINANCE NO. ~~lf~ , Page 2. ~~ ILLEGAL REGISTRATION; NO LICENSE PLATES.......... 35.00 NO DRIVER'S LICENSE (OPERATOR'S, COMMERCIAL OR MOTORCYCLE) ................................. 75.00 NO HELMET WHILE OPERATING A MOTORCYCLE (r1INORS ONLY) .................................. 35.00 NO ifUD FLAPS ..................................... 25.00 OVERLOADED ....................................... 20.00 PASSING ON RIGHT SHOULDER OF ROAD ................ 20.00 PERMITTING UNLICENSED DRIVER TO OPERATE VEHICLE.. 75.00 RACING ........................................... 100.00 RESTRICTIONS ON DRIVER'S LICENSE CODES........... 35.00 RUNNING OVER A FIRE HOSE ......................... 20.00 RUNNING A RED LIGHT OR RUNNING A STOP SIGN....... 35.00 UNSAFE START FROM A PARKED POSITION .............. 20.00 VIOLATIONS CAUSING ACCIDENT ...................... 55.00 SPEEDING: FIRST 10 MILES OVER LEGAL SPEED LIMIT (EXCEPT SCHOOL ZONE) .................. 35.00 FINE INCREASES $4/PER MILE IN EXCESS OF 10 MILES OV ER LEGAL LIMIT) SPEEDING: SCHOOL ZONE - FIRST 10 MILES.......... 50.00 FAILURE TO APPEAR 55.00 WARRANT FEE 7.50 Section 2. The Clerk of the City of La Porte Municipal Court is hereby authorized to have said schedule of minimum fines for traffic violations printed on the reverse side of the violator's copy of traffic citations, La Porte Police Department • Section 3. The Clerk is hereby authorized to ac~ shown opposite each of the fine therefor, without the Court. and to furnish same to the City of _ for its use. of the City of La Porte Municipal Court Sept, upon a plea of guilty, the amount above described offenses, as a minimum necessity of the violator appearing in Section 4. Ordinance No. 1174, passed and approved November 7, 1979, is repealed. Section 5. This Ordinance shall be in effect from and after its passage and approval. • ~~ i • • Ordinance No. , Page 3. PASSED and APPROVED, this the 19th day of May, 1982. CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: ty Secretary APPROVED: ~G~ s~p~ G~ City Attorney • • ~~~ i ~ ORDINANCE N0. 1317-A AN ORDINANCE REPEALING ORDINANCE NO. 1317 PASSED Ar1D APPROVED MAY 5, 1982; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Ordinance No. 1317, passed and approved by the City Council of the City of La Porte on May 5, 1982, is hereby repealed. Section 2. This Ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED this the 19th day of May, 1982. CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: City Secretary • APPROVED: ,~ ~%I/. , City Attorney • ~, • ORDINANCE NO. /~ • F THE CITY OF LA PORTE• AN ORDINANCE Ah1ENDING THE ELECTRIC CODE O , ALLOWING THE USE OF TEMPORARY UNDERGROUND ALUMINUM SERVICE CONDUCTORS AT CONSTRUCTION SITES ONLY UPON ISSUANCE OF A TEM- PORARY PERr1IT; ALLOWING THE USE OF ALUMINUM WIRING WITHIN A TEMPORARY POLE AT CONSTRUCTION SITES ONLY UPON THE ISSUANCE OF A TEMPORARY PERMIT; FINbING CONPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERASILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE FINED IN ANY SUri NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE HEREOF. • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. The Electric Code, Ordinance P1o. 1254, Part 1, Section 4.02(c), of the Code of Ordinance, City of La Porte, Texas, is hereby amended to read as follows: "(c) If it is found that the installation as described will, in general, conform to the requirements of this Code, and if the applicant has complied with all provisions of the ordinances of the City, a permit for such instal- lation shall be issued. The issuance of a permit will not be taken as permission or as a license to violate any of the requirements of this Code or any other ordinance of the City, provided that the issuance of a permit pur- suant to Section 5.01 shall be specifically limited to a period not to exceed 180 days. However, the said temporary permits shall be renewed within the sole dis- cretion of the Chief Inspector, upon a showing of continued need for said temporary permit." Section 2. The Electric Code, Ordinance No. 1254, Part 2, Section 5.01, of the Code of Ordinance, City of La Porte, Texas, is hereby amended to read as follows: "5.01 Aluminum Conductors. Aluminumn conductors may not be used in any wiring within buildings, nor in any underground service conductors, except for temporary under- • ~~. ~~ • i Ordinance No. Page 2. • ground service conductors at construction sites upon issu- ance of a temporary permit, as provided in Section 4.02(c). Aluminum conductors may only be used {in addition to the use contemplated above) as outside aerial conductors from • a weather head to a pole; from a pole to a pole; from a weather head to a weather head; and wiring within a tem- porary pole at construction sites, upon the issuance of a permit as provided in Section 4.02(c)." 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 F3a11 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 lain 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. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. • 7 ~ ~ Ordinance No. /~~~~' Page 3. • Section 5. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred • Dollars ($200.00). Section 6. 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. PASSED AND APPROVED this the 12th day of May, 1982. CITY OF LA PORTE By Virginia Cline, Mayor • ATTEST: ity Secretary APPROVED: _ L/l/ , City Attorney • l~~ r ~ • CITY OF LA PORTE INTER OFFICE MEMORANDUM T0: Jack Owen DATE: May 12, 1982 FROM: J. Hodge, J. Ray SUBJECT: Bids for "PVC - Cast Iron Pipe and Fittings" Bid tabulations for "PVC - Cast Iron Pipe and Fittings" are ready for presentation to City Council. Of the five vendors selected to bid, only two returned bids by the deadline. One quotation was received two days after the bid opening and one bidder declined to bid due to his inability to meet specifications. After evaluating the bids from The Rohan Company and Golden Triangle Pipe and Water Supply Inc., we make the following recommendations: 1. Cast Iron Fittings (See attached tabulation sheet) • A. Award items 1 - 12 and items 17 and 18 to Golden Triangle. B. Award items 13 - 16 to The Rohan Company. 2. Pipe (PVC - Cast Iron) A. Award items 1 - 4 to The Rohan Company. B. Award items 5 - 9 to Golden Triangle. 3. PVC Fittings A. Rohan Company was low bidder on 20 out of 33 items. Rohan's bid totalled $3,184.90 and Golden Triangle's bid totalled $4,116.20. Due to the nature of the items bid and the low quantities specified by the City of La Porte, we recommend awarding the entire contract for fittings to The Rohan Company on the basis of low total bid. All recommendations are on the basis of low bid total and prices will be firm for a three month period. Escalation is permissable after the vendor has provided sufficient justification. The City of La Porte reserves the • ~~ I Memo - PVC - Cast Iron~pe and Fittings May 12, 1982 Page 2 right to declare this agreement null and void at any time during the one year term. Respectfully submitted, n`'< ,.. Jacks n Ray ___._ Purchasing Agent ~rry H' ge'~ /~ irectbr of Public Word: ;gig JR/va Attachments • • ~=z • MAYOR, DAY & CALDWELL ATTORNEYS AT LAW 1300 MAfN STREET, SUITE 900 HOUSTON, TEXAS 77002 P. O. BOX 4544 HOUSTO N, TEXAS 77210 May 14, 1982 Mr. Knox Askins City Attorney City of La Porte P. 0. Box 1218 La Porte, Texas 77571 TELEPHONE (713 652-0607 Re: Petition of Union Carbide Corporation against Houston Lighting and Power Company • Dear Knox: Enclosed please find a copy of a revised proposed Ordinance. Cathy Jordan and I have agreed on the form of this Ordinance. Thank you for your cooperation and assistance in obtaining an expedited resolution of this matter. I will be happy to attend the next City Council meeting if you feel that the City Council might have additional questions which they would want answered by me prior to passing the enclosed Ordinance. Please let me know your thoughts on this. Thank you again for your assistance. Very truly yours, Rex D. VanMiddlesworth cc: Cathy Jordan m/11/h r~ ~ ~ ORDINANCE NO. /~~j AN ORDINANCE DENYING THE PETITION OF UNION CARBIDE CORPORATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that Union Carbide Corporation has filed with the City Secretary of the City La Porte a petition requesting single metering of its seven unit air separation plant. That petition alleges that one of the seven units is • currently located within the municipal boundaries of the City of La Porte, while the other six units are not located within any municipality. A copy of Union Carbide's petition, and the response of Houston Lighting and Power Company, are attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The City Council of the City of La Porte hereby finds, determines and declares that Union Carbide's petition requests relief concerning electrical service to areas both within and without the City of La Porte's jurisdiction. The issues raised by that petition involve questions of load manage- ment, electric engineering and other matters. Section 3. The City Council officially determines, recites and • declares that the petition of Union Carbide Corporation is denied. 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 Gpen 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, u F.L ~ ~ ~~ Ordinance No . /~ 02(,1 Page 2 . 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 in effect immediately upon its passage and approval. PASSED AND APPROVED this the day of 1982. CITY OF LA PORTE By Virginia Cline, Mayor • • ATTEST: City Secretary APPROVED: / ~~~ L ~~~~ City Attorney k/1H/z r~