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Home My WebLink About12-07-1983 Regular Meeting of La Porte City Council MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL DECEMBER 7, 1983 1. The meeting was called to order by Mayor Cline at 7:00 P.M. Members of the Council Present: Mayor Virginia Cline, Counci persons Lin a Westergren, John Longley, Ed Matuszak, Lindsay Pfeiffer, Deotis Gay, B. Don Skelton Members of the Council Absent: Councilpersons Norman Malone, Kevin Graves Members of the Cit Staff Present: City Manager Jack Owen; City Attorney Knox As ins; City Secretary Cherie Black; Director of Administrative Services Bob Herrera; Chief Accountant Debra Cole; Accounting Department Staff Cynthia Alexander, Ne11 Lange, Kathy Hutton, Betty Crosby; Assistant Director of Public Works Luther Maxey • Others Present: Girl Scout Troop 197; David Laile; Linda Cast e erry, Bayshore Sun-Broadcaster; Sherri Carver, Baytown Sun; 1 citizen 2. The invocation was given by City Attorney Knox Ask ins 3. Council considered approving the minutes of the Regular Meeting of the La Porte City Council held November 16, 1983. Motion was made b Council erson Wester ren to a rove as resented. Secon y Counci person Gay. T e motion carried, 5 ayes, nays, 2 abstain. Ayes: Councilpersons Westergren, Matuszak, Pfeiffer, Gay, Mayor Cline Nays: None Abstain: Councilpersons Longley and Skelton (not in attendance) 4. Council considered approving the minutes of the Special Meeting and Public Hearing of the La Porte City Council held November 21, 1983. Motion was made b Council erson Pfeiffer to a rove as resente Secon y Counci person Long ey. T e motion Carrie 5 ayes, 0 nays, 2 abstain. • Ayes: Councilpersons Westergren, Matuszak, Pfeiffer, Gay, Longley Nays: None Abstain: Councilperson Skelton and Mayor Cline (not in attendance) Minutes, Regulax~eeting, La Porte City Cou~l December 7, 1983, Page 2 • 5. Council considered approving the minutes of the Special called emergency meeting of the La Porte City Council held November 22, 1983. Motion was made b Council erson Wester ren to a rove as resente Secon y Counci person P ei er. T e motion Carrie 4 ayes, 0 nays, 3 abstain. Ayes: Councilpersons Westergren, Pfeiffer, Longley, Gay Nays: None Abstain: Councilpersons Matuszak, Skelton and Mayor Cline .(not in attendance) 6. Mayor Cline presented a certificate of conformance plaque to the Finance Department and congratulated the employees on receiving. this award for the second straight year. 7. Council considered a resolution to participate in the in the Harris County 9-1-1 Emergency Network. City Manager Jack Owen explained that this had been requested by Harris County so they will know which cities will partici- pate in this emergency system. Staff recommends that this resolution be passed. City Attorney Askins read: A resolution authorizing participation within the Greater Harris County 9-1-1 Emergency Network; Finding compliance with the open meetings law; and providing an effective date hereof. Motion was made b Council erson Skelton to ado t Resolution - as rea t e Cit Attorne As ins. Secon y Counci person Matusza T e motion carried, 7 ayes, 0 nays Ayes: Councilpersons Westergren, Pfeiffer, Longley, Skelton, Gay, Matuszak, Mayor Cline Nays: None Abstain: None 8. Council considered an ordinance amending the ordinance on Ultralight aircraft. This was at the request of the Federal Aviation Administration. City Attorney Askins read: An Ordinance Amending Ordinance No. 1375, prohibiting the operation of .Ultralight Aircraft on the City of La Porte municipal airport and within .the established traffic patterns of the City of La Porte municipal airport; containing findings of facts; 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 more than two hundred dollars ($200.00); finding • compliance with the open meetings law; and providing an effec- tive date hereof. Minutes, Regula~eeting, La Porte City Cou~il December 7, 1983, Page 3 • Motion 3~ 75-A Counci Ayes: Nays: Abstain was made b Council erson Matuszak to ado t Ordinance as rea b the Cit Attorne As ins. Secon y person Ske ton. T e motion Carrie 7 ayes, 0 nays Councilpersons Westergren, Pfeiffer, Longley, Skelton, Gay, Matuszak, Mayor Cline None 1: None 9. Council considered a resolution to approve a resolution of the La Porte Industrial Development Corporation on issuance of Revenue Bonds for C.K.G. Investments project. City Attorney Askins read: Resolution approving the resolution of the City of La Porte Industrial Development Corporation providing for the issuance of the City of La Porte Industrial. Development Corporation industrial development Revenue Bonds (C.K.G. Investments Project) Series 1983. Motion was made by Councilperson Westergren to approve the resolution of the Cit of La Porte Industrial Develo went Cor oration on t e issuance o Revenue Bon s to C.K.G. Investments Project.in!the amount of 1,500,000.00. Second y Counci person Matusza T e motion Carrie ayes, 0 nays • Ayes: Councilpersons Westergren, Pfeiffer, Longley, Skelton, Gay, Matuszak, Mayor Cline Nays: None Abstain: None 10. Council considered a resolution to approve a resolution of the La Porte Industrial Development Corporation on the issuance of revenue bonds for Bay Ridge Joint Venture Project. This items was tabled until representatives from the bond attorney could arrive at the meeting. 11. Council .considered approving the amended by-laws of the La Porte Industrial Development Corporation.(A copy is attached to these minutes). Motion was made b Council erson Lon le to a rove the b -laws o the La Porte In ustria Deve o went Cor oration as amen e . Secon by Counci person Gay. T e motion Carrie 7 ayes, 0 nays Ayes: Councilpersons Westergren, Pfeiffer, Longley, Skelton, Gay, Matuszak, Mayor Cline Nays: None Abstain: None 12: Council considered • Council erson Matu um to t e second 5.00. .Secon Carrie 7 ayes, 0 awarding a bid for a 4" trash pump. szak moved to award the bid for 4" trash ow i er Na or Su in t e amount of y Counci person P ei er. The motion nays. Minutes, Regula~eeting, La Porte City Cou~l December 7,1983, Page 4 • Ayes: Councilpersons Westergren, Pfeiffer, Longley, Skelton, Gay, Matuszak, Mayor Cline Nays: None Abstain: None 13. Council considered awarding a bid for plastic garbage bags. Motion was made b Council erson Skelton to award the bid or astic a s to Sout western Ba in t e amount o 975 ep r poun Secon y Counci person Gay. T e motion Carrie , 7 ayes, nays Ayes: Councilpersons Westergren, Pfeiffer, Longley, Skelton, Gay, Matuszak, Mayor Cline Nays: None Abstain: None City Manager .Owen told Council that the City of Seabrook is interested in an interlocal agreement with La Porte on such items as plastic bags, and staff would be presenting a proposed nterlocal agreement to Council soon for their consideration. 14. Council considered purchase of certain motor pool equipment through H-GAC. • Director of Administrative Services Bob Herrera explained that the City.. wanted to make sure they received a favorable bid either through H-GAC or the open market. H-GAC came in with good bid prices, but bids opened December 5, from the open market proved to be $382.00 less on an aggregate total. Staff is recommending, therefore, that this item be removed from the agenda for tonight and to come back to Council at a workshop with a recommendation to use the open market and Timmers Chevro- let~for three (3) staff cars and stay with H-GAC for needed police vehicles. Ater discussion, a motion was made b Council erson Skelton to tab e item 1 until t o Decem er t meetin Secon y Counci person P ei er. T e motion Carrie 7 ayes, 0 nays Ayes: Councilpersons Westergren, Pfeiffer, Longley, Skelton, Gay, Matuszak, Mayor Cline Nays: None Abstain: None 15. Council reviewed recommendations and considered awarding a contract for sludge transfer pump station at the sewer treat- ment plant. City Manager Jack Owen stated that Turner, Collie and Braden • had prepared the bid specifications for this project and let the bids. P & L Associates was low bidder at $26,034.00; meets all requirements, and T,C&B recommends that the award be made to P & L Associates and staff concurs with this recommendation. Minutes, Regular~eeting, La Porte City Cou~l December 7, 1983, Page 5 • Councilperson Gay stated he felt the bid should go to a local bidder even at a higher price in order that any repairs or maintenance could be handled more quickly and also to contribute to the City economy. Mayor Cline said she agreed with Councilperson Gay that it was good to give local businesses the bids when they were the low bidder, but it could present a legal problem otherwise. City Attorney Askins concurred, saying you cannot favor the local. vendor just because he's local. However, it is proper to consider such factors as availability of service, service response time, etc. Councilperson Gay .replied that is what he was referring to. Motion was made b Council erson Ga to table this item to the works op meeting. T e motion died or ack o a second. After further discussion, motion was made by Councilperson Matusza to away t e hid for the renovations to the slud e trans er Hump station a awarded to P & L Associates at a rice o 2 03 .00. Second by Councilperson Pfeiffer. The motion Carrie 6 ayes, 1 nay • Ayes: Councilpersons Westergren, Pfeiffer, Longley, Skelton, Matuszak, Mayor Cline Nays: Councilperson Gay Abstain: None At this time item 10 was considered: Motion was made reso ution a r Deve opment Cor 0 ouncitperson by Councilperson Westergren to approve the vin t o resolution o t e La Porte Industrial oration to issue revenue on s in t e amount or Bay Ri ge Joint Venture project. Secon by tusza T e motion carried, 7 ayes, 0 nays Ayes: Councilpersons Westergren, Pfeiffer, Longley, Skelton, Matuszak, Gay, Mayor .Cline Nays: None Abstain: None At this time Mayor Cline welcomed Girl Scout Troop 197 and had the troop leader introduce them. 16. Administrative Reports City Manager Jack Owen reported that Liquid Air has requested potable water for their plant which is outside the City limits. When we first received this we thought it was a routine request, • but late last week they were notified that their water supplier would discontinue service to them on December 31st and they will no longer have potable water. We'd like to request this item be placed on the agenda for the special meeting on December 14th at 6:00 p.m. so you can make a decision yes or Minutes, Regular~eeting, La Porte City Cowl December 7,,1983, Page 6 • no to supply them with water. Because if we decide not to supply them with water then they need to obtain a source in a hurry. If we decide to furnish them water, they will pay all costs associated with doing so, and will be charged 1507 of our regular water rate. It was agreed to place this item on the agenda for the special meeting on December 14th. 17. Council Action Wester ren: Would like to find a way to show appreciation to Vo unteer Firemen and Police Reserve Officers for the many hours they put in for the City. Announced Christmas parade will be held December 10th at 10:00 a.m. down Broadway to the shopping center. Santa will be present. Longley: Welcome to girl scouts. Very proud of their attentiveness. Is it known at this time what the 9-1-1 fee will be? • City Attorney Askins replied it has been estimated at 2D cents per month. Matuszak: Also welcomed girl scouts. We have a street light problem on Fairmont Parkway and Farrington and I'd like to see it fixed. The wire is down on it. Pfeiffer: Wants to check on schedule for meeting next week. Ha~mily Christmas planned for that night and doesn't want to get too tied up. At this point it was discussed and decided to forego the workshop meeting of the 14th and have only critical items for special meeting that night. Gay: Thanks to the young ladies for attending the meeting. He has made up packets for Council on the Main Street project seminars he had attended. Skelton: Asked if anyone was going to Harris County Mayors' and Councils' Association meeting. It is the Christmas meeting. Reported that the credit given by Cable TV is very slow. He talked to Mr. Spangler, President of Harte-Hanks, and he had assured him that credit would be given for service interrupted by Hurricane Alicia. If it is not forthcoming soon, he will • contact Mr. Spangler. Happy to see the young ladies here; they`ve been very quiet and attentive, and they are welcome back any time. Minutes, Regular~eeting, La Porte City Cou~l December 7, 1983, Page 6 • Cline:. On the Cable TV, I personally think we are having a ~tle problem with it. I talked with Mr. Herrera yester- day and discovered they're only keeping the office in La Porte open half a day now. Even though the franchise doesn't specifically state what hours they'll have the office open it does say that they will provide adequate service, and I don't think they can provide adequate service being open half a day--they no longer take service calls here--you have to call Pasadena--it is nearly impossible to get through. Mr. Skelton stated that when you finally. got through they just put you on hold and never come back to the phone. Mr. Lon le How much control does the City have over Ca e TV? Ma or Cline: When we were looking over these franchises and to sing to the various companies who were coming down to talk t Council and. submit bids, we were promised good service and good things that were going to happen. The franchise doesn't really state that you're going to have an office here and set out the hours per se,-but we have quite a bit of control, don't you think, Knox? Askins: Yes. The franchise is a contract between the City and • t~ able TV company and they have made a number of convenants that we bargained very hard to get, because we knew they were based largely. in Pasadena and served a lot of other cities. A lot of them we got; we got the head-in facilities in La Porte which adds to our tax base, or will if Spenwick's annexed, I guess. We provided for a local studio, local access channels, local office, local service and it seems like maybe it's time to write them a letter and cover all these points. It seems they should let the people who are due refunds how to go about it, because a lot of them don't know how to do it. Skelton:. Mr. Spangler said they'd get credit, and I've told t~ and no one has. Askins: Just automatically? Without asking? Lon lie I heard customers have to be out of service for 2 days bore credit will be due-- Skelton: There's one other thing I'd like to ask. Jack put an ar- t~ in our box recently that Congressman Bryant from Dallas had a bill up on legislation of cable TV, and his bill was a lot more. favorable to municipalities and keeping local jurisdiction, local people would set the rates, the type of programs they could have, and all of this kind of thing. I don't know what happened with this. I think if it's still pending or if it hasn't gone to • the Senate yet we ought to work on our senators and I assume it's already gone before Congress--I don't know. Minutes,. Regular~eeting, December 7, 1983, Page 7 La Porte City Cou~l • Askins: There was a compromise reached between the National League of Cities representing the cities, and the cable TV industry on a bill. After this was done, a lot of cities got very unhappy and really felt like- the National League of Cities sold out the cities. A lot of the major cities of the country said the National League of Cities does not speak for us on that bill, because it essentially stripped away local authority and control of the cable TV both on the renewal of franchises, setting of rates and regulation of quality of service. I don't think that bill will pass because it doesn't have the support of a lot of the cities. Skelton: The one Congressman Bryant had did have the TML support from what I've heard. Cline: Yes. Did you sit in on any of that discussion at the tea conference? Skelton: No, I missed that. I was sitting in on something e Cline: Even the NLC couldn't agree among themselves what was g~-and what was bad for the cities. I agree, Councilman Skelton; we need to write our Congressmen so they will be aware of how we feel about it. • Owen: I received a letter from Congressman Andrews recently. fought I had passed it on to Council but apparently I didn't, indicating these bills would not come up for committee hearings until Congress reconvenes. Cline: Jack, I think we're going to have to do something but the traffic on Fairmont Parkway in the crossovers in front of the shopping areas. The area in front of Walgreen's and Kroger's is getting dangerous. As you're coming out there's cars swinging around through the crossover and heading in where they shouldn't be. If they'd just go down a couple of blocks and then make their U-turn and come back and come in on .the right side, but they won't do it. What can we do to get this flow of traffic corrected? Owen: We've studied this. ever since the first opening of Fairmont Parkway. It is a problem, and in fact, we'have a problem of our own created somewhat the same way, coming east on Fairmont Parkway and turning back to the north into the first driveway. At first we thought we could handle it with signs,. but we couldn't come up with any sign that will be legal that we could enforce. that would prevent them from coming across. Of course, you cannot enter on that other side, legally. The solution would be to try to get those people to move their driveways. Some of our staff has agreed to contact the stores • there and see if we can get those driveways moved. That's the only solution really, that I know. _ ~ _ _ Minutes, Regular~eeting, La Porte City Cou~l December 7, 1983, Page 8 • Most of those are so situated that this type of situation can happen so it's hard to make one of them an entrance and one of them an exit. On ours, we can do that--make one an entrance and one an exit and that way do something about them coming in. But our most western driveway, people cut the same way there--just come sailing right into ours. Of course, we have the perogative of moving our drive, which would eliminate it or make it an exit only. Skelton: I think if we had a marking on the pavement with w~te mmarking and an arrow pointing in the direction and put "only" and don't go the way toward Kroger's, but turnaround only or something. And we also need that at Main Street where you turn onto San Jacinto. It has an arrow where it says "only" but you don't know whether that's just for Broadway or for Broadway and San Jacinto both. Cline: I-don't think that one way on San Jacinto is working out very. well. Owen: We can inquire and see if the County can come up with some sign or marking that might be legal so we can enforce them and do the job. We've scratched our head over it, and once we put up some signs, "Do Not Enter" but we can't enforce those because anyone entering into that going around would be in violation of that sign. So we took those down very quickly. Cline: There in front of Kroger's and Walgreen's, does come-- (~lciscussion of which streets went where and location of esplanades in relation to where the streets come in). Owen: This is the type of item our engineering department a~such look at plans and we try to control entrances into parking lots that we catch a lot of flack over. People cannot understand a lot of times, our reasoning--why we make them be so far away from an intersection and things of that nature. But this is a perfect example of why those things are necessary. Askins: Kroger's was there before the esplanade. Owen: Yes, but their driveway could have been moved. They didn't Have curbed sections like they do now and it could. have been moved, because that had to be installed. Askins: Could you put a sign facing the people who come out of tz~ ose driveways, saying "No Left Turn" or "No Right Turn" and and arrow or something? Owen: We tried that, and it doesn't work, because then we can't e~rce it, because what about people turning around? You stop the total use of it then--you might as well have it totally • blocked off. Minutes, Regula~eeting, La Porte City Cowl December 7, 1983, Page 9 • Longley: Perhaps a sign saying "Shop at Minimax" would help. 18. There was no executive session. 19. There being no further business, the meeting was duly adjourned at 8:21 p.m. Respectfully submitted: (~l~u~. Cherie Black City Secretary Passed & approved this the 4th ay of January, 1984 Vir nia Cline, Mayor • • ~ ~ • RESOLUTION N0. 83- 24 A RESOLUTION AUTHORIZING PARTICIPATION WITHIN THE GREATER HARRIS COUNTY 9-1-1 EMERGENCY NETWORK; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF, WHEREAS, the City of La Porte is a City that lies wholly or partly within Harris County; and WHEREAS, a majority of the votes cast by the voters of the City of La Porte, in the November 8, 1983 election, as found in the Final Official Canvass of the Election Records of Harris • County, Texas, County Clerk's Office (Film Code No. 738-55- 0084 through 738-55-0097), were in favor of confirming the creation of the Greater Harris County 9-1-1 Emergency Network and authorizing a 9-1-1 emergency service fee to be charged; BE IT RESOLVED by the City Council of the City of La Porte: Section 1. That the matters and facts recited in the preamble of this Resolution are found and determined to be true and correct. Section 2. That the City of La Porte become a participating jurisdiction of the Greater Harris County 9-1-1 Emergency Network pursuant to the provisions of the 9-1-1 Emergency Number Act with all the rights, privileges and duties as • stated in said Act, particularly the charging and collecting of the 9-1-1 emergency service fee according to the terms of said Act. Section 3. It is understood that once confirmed, the Greater Harris County 9-1-1 Emergency Network will be subject to public review every three (3) years, pursuant to Section 15 of the 9-1-1 Emergency Number Act, and that the con- tinued existence or dissolution of the Greater Harris • County 9-1-1 Emergency Network will be effected only by the terms of said Act. ~~ • i Resolution No. 83-24, Page 2 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, Article 6252-17, Texas Revised Civil Statutes Anno- tated; 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, consi- dered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Passed and adopted this 7th day of December, 1983. CITY OF LA PORTE ATTEST: By: Virginia Cline, Mayor City Secretary • APPROVED: ity Attorney °L.. ~k r 1 ~ O ~,l.:t v ~` _ 1 ~v • U.S. Department of Transportation Federal Aviation Administration November 16, 1883 SOUTHWEST REGION Houston Airports District Office 8800 Paul B. Koonce Dr., Room 225 Houston, Texas 77061 Discrimination Complaint Regarding Prohibiting Ultralights at La Porte Municipal Airport Mr. Jack Owen City Manager P. 0. Box 1115 La Porte, Texas 77571 Dear Mr. Owen: Based on an inspection conducted by our General Aviation District Office on September 30, 1983, we have determined that the City of La Porte was justified in prohibiting ultralight vehicles from La Porte Municipal • Airport based on the safe and efficient use of the airport. Our review of City Ordinance No. 1375, adopted on September 7, 1983, indicates that it could be construed as preempting Federal Aviation Regulations in Section 2, whereby the City prohibits ultralight aircraft within the established traffic patterns. The ordinance should be amended to delete the following from Section 2; "...and within the established traffic patterns of the City of La Porte Municipal Airport." Our investigation of the discrimination complaint filed by Mr. Mike Brawner is°also closed. Attached is a copy of our letter to him for your information and records. We appreciate your assistance in resolving this matter and your interest in the airport. Sincerely, ona L. Staley, Sup rvisor Planning/Programming ection Enclosure • A ~ 1~~CEIV~D o f7d3 IA93 S~2 S"~~E a~~E~ Edward Warren: First American Aloft /, `'~1 ~3 • . ,. _. ~ • US.Deportrrtent SOUTHWPST REGION oiTransportation Houston Airports District Office Federal Aviation 8800 Paul B. Koonce Dr. , Roam 225 Adrrdnistration Houston, Teaas 77061 November 16,.1983 Complaint of Discrimination - Ultralight Vehicles La Porte Municipal Airport, La Porte, Teaas Mr. Mike Braxner Rt'. ~., boa 725 _. ,' .Diekinacn, Te=as 77539 Dear Mr. Braxner: t1e~-have completed our investigation of the City of La Porte prohibiting >xltralight operations at the-La Porte Municipal Airport. A surveillance inspection xae conducted by our General Aviation District Office on September 30 3983, and the folloxing observations noted. • On frequent occasions both runxays 12 and 22 are used for~etudent crosaxind takeoff and landing pract3.ce._ During these time periods, there xould be no place for ultralight vehicles to operate since there ie no portion of the airport that xould accommodate a separate traffic pattern. for' ultralights since txo traffic patterns are already in urea Tt should also be noted that the La Porte Airport f.a partially surrounded by congested housing areas over ~rhich ultralighte are prohibited from operating. These areas are primarily to the south and eouthxest and to the zest and northxest of the airport. Moat persons ezpreased concern regarding the mizture of airplanes. and/or helicopters versus ultralights in using the same runxays and teaixays on the airport because of the incompatibility of the speed involved. As La Porte Airport nox eaiste in this present configuration of regard to runxays and taaixays, noeafe place for ultralight operation could be found Based on the above, xe have determined that the City of La Forte has sufficient ~uatification to prohibit ultralight vehicles from. La Porte Municipal based on safe and efficient use of the. airport and``that such action by the City is not discriminatory and/or in violation of their Grant Agreement obligations to the United States Government. • ;, i ~e 1781 IAU 16! ''+~E .~~`'~ Edward Warren: First American Alott,;; `. -_----~--~~.__.~ _ _ .~.. ~ ,_T,_ . _.._ . _ .,_.~..,._ ~ 4. _. .~x___-__~ _ ~: ~ ~~. .. ~ :- •- . • „ 2 I hope this has been responsive to your inquiry; hoxever, if you have additional questions, please advise. Sincerely, Original Signed Ry RONALD L., STACEY aonald L. Staley, Supervisor . Planning/Programming Section ~. 'rye. - i ~.. • MEMORANDUM December 2, 1983 TO: Mayor and City Council FROM: Cherie Black, City Secretary SUBJECT: Agenda Item 10 The Resolution to Approve-the Resolution of the La Porte Industrial Development Corporation on Issuance of Revenue Bonds for Bay Ridge Joint Venture project will be presented at the meeting Wednesday night. Cherie Black • • ,~ • RESOLUTION APPROVING THE RESOLUTION OF THE CITY OF LA PORTE INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF CITY OF LA PORTE INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (C.R.G. INVESTMENTS PROJECT) SERIES 1983 WHEREAS, the City of La Porte Industrial Development Corporation (the "Issuer") was created under the auspices of the City Council of the City of La Porte, Texas (the "Unit") pursuant to the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, as amended (the "Act"); WHEREAS, pursuant to section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code"), the Issuer has conducted a public hearing following reasonable public notice (which notice and affidavit of publication thereof is attached hereto as Exhibit "A") with respect to that issue of "City of La Porte Industrial Development Corporation Industrial Development Revenue Bonds (C.R.G. Investments Project) Series 1983", in the original principal amount of $1,500,000 (the "Bonds") and the project which consists of acquisition of approximately 106,000 square feet of land and the construction and equipment of a shopping center to include two buildings for housing a Seven-Eleven, Pilgrim Cleaners, and various retail • stores (the "Project"); WHEREAS, in order to satisfy the requirements of section 103(k) of the Code, it is necessary for the Unit to approve the Bonds after the public hearing has been held; WHEREAS, Section 25(f) of the Act requires that the governing body of the Unit approve the resolutions of the Issuer providing for the issuance of the Bonds no more than 60 days prior to the delivery of the Bonds; and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. The Resolution with respect to a Public Hearing and Authorizing City of La Porte Industrial Development Corporation Industrial Development Revenue Bonds (C.R.G. Investments Project) Series 1983; a Loan Agreement; an Indenture of Trust; Acceptance of a Corporate Guarantee Agreement; Acceptance of a Personal Guarantee Agreement; Acceptance of a Deed of Trust and Security Agreement; a Memorandum of Indenture • of Trust; Acceptance of an Indemnity Letter; and Other Matters in Connection Therewith, adopted by the Issuer on December 1, 1983; a copy of which is attached hereto as Exhibit "B" and made a part hereof for all purposes, is hereby specifically approved. Section 2. The issue of bonds styled "City of La Porte Industrial Development Corporation Industrial Development Revenue Bonds (C.R.G. Investments Project) Series 1983" which Bonds are: (1) in the maximum principal amount of $1,500,000; (2) to be used to provide financing for the acquisition of approximately 106,000 square feet of land and the construction and equipment of a shopping center to include two buildings for housing a Seven- Eleven, Pilgrim Cleaners, and various retail stores; and (3) to be owned and operated by C.K.G. Investments, are hereby approved pursuant to section 103(k) of the Code. Section 3. The City Council of the City of La Porte hereby finds, etermines, recites, and declares that the specific project to be financed with the Bonds meets the statutory requirements of the Act, and is in compliance with the rules of the Texas Economic Development Commission for issuing industrial revenue bonds (effective October 12, 1981), and that such project does not pose a danger to the health, morals, or safety of the community involved. The City Council further finds that the proposed project is in an Eligible Blighted Area as previously • designated by the City Council, that the project will contribute to the fulfillment of the redevelopment objectives of the City of La Porte for the Eligible Blighted Area, and is in furtherance of the public purposes of the Act. Section 4. The approval herein given is in accordance with the provisions of Section 25(f) of the Act and section 103(k) of the Code and. is not to be construed as any undertaking by the Unit, and the Bonds shall never constitute an indebtedness or pledge of the Unit, or the State of Texas, within the meaning of any constitutional or statutory provision, and the owners of the Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation or any other revenues of the Issuer, the Unit, or the State of Texas except those revenues assigned and pledged, by the Resolution. Section 5. The programs and expenditures authorized and contemplated by the aforesaid documents are hereby in all respects approved. Section 6. The Mayor, City Secretary, and the other officers of the Unit are hereby authorized, .jointly and - 2 - CJ • severally, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. EXHIBITS: A - Notice of Public Hearing and Affidavit of Publication B - Resolution of the Issuer C~ - 3 - ~ ~ NOTICE OF PUBLIC BEARING CITY OF LA PORTS INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (C.R.G. iNVESTMENTS PROJECT) Series 1983 NOTICE IS HEREBY GIVEN of a public hearing to be held by City of La Porte Industrial Development Corporation (the "Issuer") on December 1, 1983, at 7:00. p.m., CST, 604 West Fairmont Parkway,. La Porte, Texas, with respect to an issue of industrial development revenue bonds (the "Bonds") to finance the acquisition of approximately 106,000 square feet of land and the construction an8 equipment of a shopping center to include two buildings (collectively the "Facility") to be used to house a Seven-Eleven, Pilgrim Cleaners., and various retail stores. The maximum aggregate face amount of the Bonds to be issued with respect to the Facility is $1,500,000. The initial owner, operator, or manager of the Facility is C.R.G. Investments. The prospective location of the Facility is the southeast corner of Fairmont Parkway and Old Highway 146, La Porte, Harris County, Texas. All interested persons are invited to attend such public hearing to express their views with respect t o the Facility and issuance of the Bonds. Questions and requests for additional information may be directed to Virginia Cline, President, City of La Porte. Industria l Development Corporation, 604 West Fairmont Parkway, P. O. Box 1115, La Porte, Texas 77571. Any interested persons who are unable to attend the meeting may submit their views in writing to the above named persons prior to th e scheduled hearing. -.._ _ _ - _ '-'- eat Corporation 'Ythe jirospectlve Iocstion Ot the ,~ ;: _ Issuer") en Occember 1. t ' ' `FacWty b the sontbeast ,cones ~t Fairmont ~: PUBLIC NOTICE ~ _. , . ; - ~ . 7:N p.m.. Ct; . tiN t ltd. a 'West Fatrmoat Parkway, Parkway and Old Highway ` ~~ " - ~ . >La Porte. Texas. wits l~iti, V Pane. Hank Cone- NOTICE OF PUBLICHEARWG ~ - ' respect a an ksne of Y- development dastrlsl t 'Pexas. =:yAl1 Interested persons - . f~evenae fonds (the are invited to attend wcb ;iCITY OF LA PORTS tN- ••gp~••> a tkance fhe ae- pnbuc hearing a eupress pUSTRIAL~ DEVELOP- `gtlkitloa ~ aPP~~3' tbetr vkws wltb respect to ~YIENT CORPORATION ~NDU8IRIAL DEVELOP 1fa.ta0 acre [eet ~ lard W the Facility and kswnce of the Bonds. Questions and #~IENT REYENtIE BONDS ' tnd .the ca~straetloa and egaipme~ of a sbopplsg ~~k far additloeal a- <C.R.+Ii. INVESTMENTS center t• laclade •two ormatlon may be directed PROJECT) Series its : 6agdiop (eoUedivdy fie a VtrgiWa Cline. press- , .r . _ *YIdOT1CE i8 HEREBY "FaeWty") a be ased a dent, City et La Paste In- dastrial Development Car- , GIVEN of a pobtlc hearing ~ ~ L ioase s Bevsn-eleven. Pilgrim Cleaners... and • poration, ~fi0f West Fatr- Bo: O t P k P . to 6e hdd h' ~' The varhMU retaU stores. . moo ar way. . • #~arte bdasWai Deveisp~' . ; ~ _ . maxlmam turepa ha li1S~ La Porte. Texas 77571. - ..: ,~ , ."~` `` amoaM of the Bonds a be Any Interested persons rillo u'e nnabk a attend bwed with respect a the ~,Faciiky~ b =1.5tiitt~N. Tre tke meeting may sabmit Wdal owner. operator. oe tbetr views in writing to ttie ssaaager of fhe FscWty is above named persons pray the sc6ednied b~rf"g. ~~4:. ~~iestmeats. The ~ ~CHIBIT A . - _ -. - _ .~~ .. LJ RESOLUTION t~~ITH RESPECT TO A PUBLIC HEARING AND AUTHORIZING CITY OF LA PORTS INDWSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (C.K.G. IN~~ESTMENTS PROJECT) SERIES 1983; A LOAN AGREEMENT; AN INDENTURE OF TRUST; ACCEPTANCE OF A CORPORATE GUARANTEE AGREEMENT; ACCEPTANCE OF PERSONAL GUARANTEE AGREEMENT; ACCEPTANCE OF A DEED OF TRUST AND SECURITY AGREEMENT; A MEMORANDUM OF INDENTURE OF TRUST; ACCEPTANCE OF AN INDEMNITY LETTER; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of La Porte Industrial Development Corporation (the "Issuer"), on behalf of the City of La Porte, Texas (the "Unit"), is empowered to finance the cost of projects to promote and develop industrial and manufacturing enterprises to promote and encourage employment and the public welfare by the issuance of obligations of the Issuer which projects will be inside the Unit's boundaries; WHEREAS, C.K.G. Investments, a Texas general partnership .(the "User"), has requested the Issuer to finance the cost of acquiring, constructing, reconstructing, improving, or expanding, as the case may be, an industrial project (the "Project"); • i~iEREAS, on July 14, 1983, the Issuer adopted a "Resolution Concerning Issuance of Bonds to Finance a Project for C.R.G. Investments" (the "Initial Resolution"); WHEREAS, in order to finance the Project, the Issuer proposes to issue bonds styled, "City of La Porte Industrial Development Corporation Industrial Development Revenue Bonds (C.K.G. Investments Project) Series 1983" (the "Bonds"); WHEREAS, section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code"), requires that the Bonds be approved by the "applicable elected representative" after a public hearing following reasonable public notice; and WHEREAS, notice of a public hearing with respect to the Project and the Bonds to be held by the Issuer on the date of adoption of this Resolution was published no less than 14 days before this date; and iJHEREAS, the governing body of the Unit, as the "applicable elected representative," will consider the adoption of a written resolution specifically approving this resolution of the Corporation providing for the issuance of the Bonds and specifically approving the Bonds as required by section 103(k) of • the Code; and EXHlBlT B • U WHEREAS, there have been presented to the Issuer proposed forms of each of the following: 1. Loan Agreement, dated as of October 1,-1983, (the "Agreement"), between the Issuer and the User; 2. Indenture of Trust, dated as of October 1, 1983, (the "Indenture"), between the Issuer and Allied Bank of Texas, as Trustee (the "Trustee"). 3. Corporate Guarantee Agreement, dated as of October 1, 1983, (the "Corporate Guarantee Agreement"), from Reveille Corporation, a Texas corporation (the "Corporate Guarantor"), to the Trustee and the Issuer; 4. Personal Guarantee Agreement, dated as of October 1, 1983, (the "Personal Guarantee Agreement"), from Dan C. Cheek, Tom C. Guss, and Jay R. Kellough (.the "Personal Guarantors") (the Corporate Guarantor and the Personal Guarantors, collectively, the "Guarantors") to the Trustee and the Issuer. 5. Deed of Trust and Security Agreement, dated as of October 1, 1983, (the "Mortgage") from the User to James H. Albert, as mortgage trustee (the "Mortgage Trustee"); 5. A Memorandum of Indenture of Trust, dated as of October 1, 1983 (the "Memorandum"), executed by the Issuer and the Trustee; 7. Indemnity Letter, dated December 1, 1983 (the "Indemnity Letter") to the Issuer and Allied Pasadena National Bank, as purchaser (the "Purchaser"), from the User and the Guarantors; THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LA PORTS INDUSTRIAL DEVELOPMENT CORPORATION THAT: Section 1. Based solely upon the representations made to the Board of Directors (the "Board") and to the Texas Economic Development Commission by the User, it appears and the Board hereby finds that: A. The Project is required or suitable for the promotion of commercial development and expansion; and B. Additionally: (i) the Project will have an impact on the employment within the Unit in that jobs will be saved and new jobs will be created thereby stabilizing and increasing employment opportunity. - 2 - • • '(ii) the Project sought to be financed pursuant to the Agreement is in furtherance of the public purpose of the Development Corporation Act of 1979 (Article 5190.6, Vernon Texas Civil Statutes, as amended), including the promotion of commercial development and expansion to promote and encourage employment and the public welfare. C. The Project will contribute to the economic growth or stability of the -Unit by (i) increasing or stabilizing employment opportunity, (ii) signifi- cantly increasing or stabilizing the property tax base, and (iii) promoting commerce within the Unit and the State. Section 2. The Board hereby finds, determines, recites, and declares that a public hearing with respect to the Bonds and the Project was held on December 1, 1983; that notice of such public hearing was published no less than 14 days before this date in each newspaper of general circulation within the Unit; that such notice included the date, time, and place of the public hearing, a general, functional description of the type and use of the Project, the maximum aggregate principal amount of the Bonds, • the initial owner, operator, or manager of the Project, and the prospective location of the Project; and that all comments from interested persons were taken at such public hearing. The Board hereby directs that information with respect to the public hearing be provided to the governing body of the Unit prior to its consideration of adoption of a resolution approving the Bonds. Section 3. The Board hereby approves the Agreement in substantially the form and substance presented to the Board and the President or any Vice President is hereby authorized and directed, for and~on behalf of the Issuer, to date, sign, and otherwise execute the Agreement, and the Secretary or any Assistant Secretary of the Boarcl is authorized and directed for and on behalf of the Issuer to attest the Agreement, and such officers are hereby authorized to deliver the Agreement. Upon execution by the parties thereto and delivery thereof, the Agreement shall be binding upon the Issuer in accordance with the terms and provisions thereof. Section 4. The Bonds in the aggregate principal amount of $1,500,000 are authorized to be issued for the purpose of paying the cost of acquiring, constructing, reconstructing, improving, or expanding, as the case may be, the Project. The Board hereby approves the Indenture in substantially the form and substance presented to the Board and the President or any Vice - 3 - • President, is authorized and directed for and on behalf of the Issuer to date, sign, and otherwise execute the Indenture and the Secretary or any Assistant Secretary is hereby authorized to attest the Indenture and such officers are hereby authorized to deliver the Indenture. The details of the Bonds shall be as set forth in the Indenture. The sale and delivery of the Bonds by the Issuer to Allied Pasadena National Bank at a price equal to 100$ of the par amount thereof is hereby authorized and approved. Section 5. The Board hereby approves the Corporate Guarantee Agreement in substantially the form and substance presented to the Board and the President or any Vice President is authorized and directed, for and on .behalf of the Issuer, to date, sign, or otherwise execute the Corporate Guarantee Agreement and the Secretary or any Assistant Secretary of the Board is hereby authorized to attest the Corporate Guarantee Agreement on behalf of the Issuer, and such officers are hereby authorized to deliver the Corporate Guarantee Agreement. Section 6. The Board hereby approves the Personal Guarantee Agreement in substantially the form and substance presented to the Board and the President or any Vice President is authorized and directed, for and on behalf of the Issuer, to date, sign, or otherwise execute the Personal Guarantee Agreement and the Secretary or any Assistant Secretary of the Board is hereby • authorized to attest the Personal Guarantee Agreement on behalf of the Issuer, and such officers are hereby authorized to deliver the Personal Guarantee Agreement. Section 7. The Board hereby approves and accepts the Mortgage in substantially the €orm and substance presented to the Board and the President or any Vice President and the Secretary or any Assistant Secretary is hereby authorized to evidence the acceptance of the Mortgage on behalf of the Issuer and such officers are hereby authorized to deliver the Mortgage. Section 8. The Board hereby approves the Memorandum in substantially the form and substance presented to the Board and the President or any Vice President is authorized and directed for and on behalf of the Issuer, to date, sign, or otherwise execute the Memorandum and the Secretary or any Assistant Secretary is hereby authorized to attest the Memorandum and such officers are hereby authorized to deliver the Memorandum on behalf of the Issuer, and such officers are hereby authorized to deliver the Memorandum. Section 9. The Board hereby accepts the .Indemnity Letter from the User and the Guarantors, fn substantially the form and substance presented to the Board and the President or any Vice • - 4 • • President is authorized and directed for and on behalf of the Board to date, sign, or otherwise execute the Indemnity Letter on behalf of the Issuer and such officers are hereby authorized to deliver the Indemnity Letter. Section 10. The President and Secretary/Treasurer are hereby each authorized and directed to execute the Bonds, or have their facsimile signatures placed upon the Bonds, and each is hereby authorized and directed to deliver the Bonds, and the seal of the Issuer is hereby authorized and directed to be affixed or placed in facsimile on the Bonds. Section 11. Allied Bank of Texas is hereby appointed as Trustee under the Indenture thereby serving as Registrar and Paying Agent under the terms of the Indenture. Section 12. The President, any Vice President, or the Secretary or any Assistant Secretary of the Board is hereby authorized to execute and deliver to the Trustee the written order of the Issuer of the authentication and delivery of the Bonds by the Trustee in accordance with the Indenture. Section 13. The officers of the Issuer (with the assistance of the User) shall prepare a final transcript of the proceedings relating to the authorization, issuance, sale, and • delivery of the Bonds, which transcript shall be submitted to the Texas Economic Development Commission within sixty (60) days after the closing date for the Bonds. Section 14. The Issuer hereby elects to have section 103(b)(6)(D) of the Internal Revenue Code of 1954, as amended, and the regulations promulgated thereunder, apply to the Bonds, and the President and the Secretary of the Issuer are hereby severally authorized and directed to execute and deliver a statement to the Internal Revenue Service to the effect that the Issuer has so elected, and to deliver a copy of such statement to the Purchaser, the Corporate Guarantor, and the User. The Board further directs that an officer of the Issuer submit to the Secretary of the Treasury., not later than the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued, a statement containing the information required by section 103(1) of the Code. Section 15. All action (not inconsistent with provisions of this Resolution) heretofore taken by the Board and officers of the ,Issuer directed toward the financing of the Project and the issuance of the Bonds be and the same hereby is ratified, approved, and confirmed. 5 - • • • Section 16. The officers of the Issuer shall take all action in conformity with the Act, if necessary, or reasonably required to effectuate the issuance of the Bonds .and take all action necessary or desirable in conformity with the Act to finance the Project and for carrying out, giving effect to, .and consummating the transactions contemplated by the Bonds, the Initial Resolution, this Resolution, the Agreement, the Indenture, the Corporate Guarantee Agreement, the Personal Guarantee Agreement, the Mortgage, the Memorandum, and the Indemnity Letter, including without limitation, the execution and delivery of any closing documents ~in connection with the issuance of the Bonds. Section 17. The actions and obligations of the Issuer contained in this Resolution shall be subject to and conditioned upon the receipt by the Issuer, at the date of delivery and payment for the Bonds, of ( i ) a certificate from a representative of the Texas Economic Development Commission (the "Commission"), acting on behalf of the Commission, evidencing final approval of the Agreement and the Bonds; (ii) the purchase price of the Bonds; (iii) a certified copy of the resolution of the Unit approving the Bonds, the Project, and this resolution; and (iv) such opinions, evidences, certificates, instruments, or other documents as shall be requested by the Issuer's Counsel or by Bond Counsel to evidence the due performance or satisfaction. by the User at or prior to such time of all agreements then to be performed and all • conditions then to be satisfied by each. Section 18. After any of the Bonds are issued, this Resolution shall be and remain irrepealable until the Bonds or interest thereon shall have been fully paid or provisions for payment made pursuant to the Indenture. Section 19. If any section, paragraph, clause, or provisions of the Resolution shall be held to be invalid or enforceable the invalidity or unenforceability of such section, paragraph, clause, provision shall not affect any of the remaining provisions of this Resolution. In case any obligation of the Issuer authorized or established by this Resolution or the Bonds is held to be in violation of law as applied to any person or in any circumstance, such obligation shall be deemed to be the obligation of .the Issuer to the fullest extent permitted by law. • - 6 • • • MEMORANDUM December 2, 1983 TO: Mayor and .City Council FROM: Cherie Black, City Secretary SUBJECT: Amended By-Laws of Industrial Development Corporation - Agenda Item 11 Copies of the Amended_By-Laws of the IDC will be available at the meeting Wednesday night. C~~ Cherie Black • • _ • • T0: CITY MANAGER FROM: DATE: December 1 183 .. .. Jerry L. Hodge.... a - - -_- i = ---- - -------- -- -- - - _ __ REQUEST FOR CITY COUNCIL AGENDA ITEM 1. Agenda Date Requested: December 7, 1983 2. XX Report Resolution Ordinance 3. Project Summary: Contract purchase of 4" trailer mounted trash pump for the Water/Wastewater Division. 4. Action Required: Accept low .bidder meeting all specifications, and award contract. 5., Alternative: Buy on the spot market 6. Recommendati~or~ Accept the low bid meeting all specifications, from Naylor Supply, for the amount of $8,885.00, for the ~+" trailer mounted trash pump. 7. Exhibits: attached 8. Availability of Funds: General Fund XX Water/Wastewater Capital Improvmt. General Revenue Sharing Other Account Number: Qp(-kO ~tr°~-dad Funds Available: ~ Yes No Although a total of only $7200 is presently appropriated for this project, in the Water Distribution Division budget, ample funds exist in account ~~001-80~-805-902 to ~ver the additional unexpected cost. Requested By 9. Approved for City Council Agenda City Manager Date • • r INTER-OFFICE MEMORANDUM • DECEMEBER 1, 1983 T0: J. Hodge - Director of ~.t~tyl'icj 4~ FROM: J. Ray - Purchasing Age~it~ j" SUBJECT: Sealed Bid ~~0023 - 4" Trail r Mounted Trash Pump Advertised sealed b1d~ ~~0023,,,for the purchase of a 4" trailer mounted trashpump . for.`-use by'~;ter and Wastewater Division we"re opened and. read in City Council Chambers November 28, 1983 at 4 P.M. Fourteen bid packages were sent to area vendors with,s~,~c of them retgr~ing bids. Bads were as follows: t . r 1. AcmeyPump~and We7lpoint:~ $8,755.64 2; Naylor Supply: $8, $95.00 3. McKenzie 'Equipment: $9,030.00 4. Treco, Inca: $9,784.00 5. Pump & Power Equipment: '$11,197.00- 6. Sepcn, Inc.: $13,795.00 The apparent low bidder., Acme Pump and Wellpoint,,was rejected for taking exception to the engine specifications. City of La Porte engine requirements balled for a minimum of 23 continuous H.P. at 1:800 R.P.M. Acme Pump substituted a Zister air- - cooled diesel engine that developed only 21.9.. continuous H:P. at 1800 TtP.M. Second low bidder, Naylor Supply Co., bid the Deutz Model ~F3L-912 wh~.ch•develops 36.5 continuos H.P. at 1800 R.P.M. I hereby recommend awarding this bid to low bidder meeting specifications,.Naylor Supply_ Co. for $8,895.00. I trust this recommendation will meet with your approval. JR/mb ccs B. .Herrera • ITEM: TRASH PUMP Acme• .Naylor McKenzie Pumps & Supp;~y Equip. Wellpoint • Trec~nc. Pump & Sepco Inc. Power Equip Bid ~~0023 Houston Pasadena Houston Houston Houston t~ouston 4" Centrifugal Trash Pump $8,755.64 $8,895.00 $9,030.00 $9,784.00 $11,197.00 $13,795.00 Trailer Mounted -- BID REJECTED: DID NOT - -- - MEET SPECIFICATIONS " '~ LOW BID MEETING SPECIFICA IONS - .~. ,,,5 _ _ . _ _ _ .,~. R., ~~ ,,,~,,. • • -- T0: CITY MANAGER FROM: DATE;.. December 1, 1983 Jerry L..Hodge.... REQUEST FOR CITY COUNCIL AGENDA ITEM 2. % Report 1. Agenda Date Requested: December 7, 1983 Resolution Ordinance 3. Project Summary: Contract purchase of Plastic Garbage Bags for Solidwaste Department 4. Action Required: Accept low bid and award a one year .contract to Southwestern Bag Company 5 . , Alt~ernat ive Buy on the spot maxket • 6. Recommendation Accept the low bid from Southwestern Bag and award the one year contract to them for the purchase of plastic garbage bags. 7. Exhibits attached 8. Availability of Funds: General Fund Water/Wastewater Capital Improvmt. General Revenue Sharing ~ Other Account Number: 702-216 Funds Available: xx Yes No • Requested By 9. Approved for City Council Agenda December~l; 1983 City Manager Date • • • INTER-OFFICE MEMORANDUM NOVEMBER 29, 1983 To: J. Hodge - From: J. Subject: Sealed d • for of Public Works ~~0024 - Plastic Garbage Bags Advertised, sealed bids 40024 for the purchase of plastic. garbage bags"were opened and read in City Council Chambers 11/28~83'at 4;00 PM. :Sealed bids were mailed to eleven vendors of plastic bags with four bidders responding. The City of La Porte and the City of ..Seabrook elected to purchase: garbage bags cooperatively in the 1983-84 Fiscal Year. ,City of La Porte will purchase 219,000 lb;s. during this period and the City of Seabrook will purchase 40,000 lbs. during this period. Low bidder for this contract is Southwestern Bag :Company of Pasadena, Texas ` at $.4975 per lb. `.This price reflects an increase of 88.6 over .pricing on the City. of La Porte~~ 1982-83 .contract for this commodity. The substantial price increase on this-material can be attributed to a 17z increase in ttE'wholesale price of polyethylene resin since December of 19$2. Due to the fact that Southwestern Bag indicates-,that they meet all spec if ica- tions on this item I herebg.recommand awarding a one year contract for the 'purchasee of plastic bags,"for the"low bid price of $.G975 per lb. I trust th~:t this'recommendat$.o~'will :meet ,`with your approval. ~; ,s JR/mb IT~I: PLASTIC BAGS • QPa1Pr1 R;ri ddnn~G The Huckster Southwest Company ag Compa v,...,,,.,,„ m., ~ v..,...a er Pol~ Adams Ind. 1982-83 Contract ny America ricing Adams Industries Grand R4 Dv..~ t-~ n M.... ~-~.., T ., 1. Price on December Delivery __ __ __ __ __ A. 109,500 lbs. to 2963 N. 23rd St. $.6328 lb. $.4975 lb. $.60 lb. $.5687 lb._. .3989 lb. B. 20,000 lbs. to 2101 Humble Drive .$.6328 lb. $.4975 lb. $.60 lb. $.5687 lb. -- Seabrook, Texas C. Total Bid December Delivery $81,947.60 $64,426.25 $77,700.00 $73,646.65 $51,657.5 2. Price on July Delivery A. 109,500 lbs. to 2963 N. 23rd St. $.6328 lb. $.4975 lb. $.60 lb. $.5927 lb. $.4379 lb. La Porte, Texas B. 20,000 lbs. to 2101 Humble Drive $.6328 lb. $.4975 lb. $.60 lb. $.5927 lb. Seabrook, Texas C. Total Bid July Delivery --_ __ _ __ $81,947.60 $64,426.25 $77,700.00 $76,754.65 $56,708.05 -- :-- -- 7l Denotes Low Bid • CITY OF LA PORTE ~ INTER-OFFICE MEMORANDUM T0: Jack Owen FROM: Robert T. Herrera Cam, ~~ ~~. DATE: November 29, 1983 ~ SUBJECT: Motor Pool Purchases 1983-1984 ~ ~ As you are aware the City is in the process of receiving bids for its Motor Pool Replacement Program. This year the City utilized ~ HGAC and the open market to accomplish the above task. HGAC has already had its opening and I might add their bid ~ opening seems very favorable. In testing the open market, seal bids are scheduled to be opened on December 5, 1983 in our Council Chambers at 4:00 p.m. Upon completion of the bid opening ~ all proposals will be tabulated and compared with the bids received by the HGAC on November 1, 1983. ~ • After the opening (Dec.S), the City of La Porte's Purchasing Division will recommend the most advantageous bid based upon the most cost effective proposal submitted to the City of La Porte. ~ The reason we are comparing the bids at this time is because if HGAC is low bid we have up to December 9 to acknowledge to HGAC ~ that we want to participate in their cooperative purchase. S A written recommendation will be sent to you on December 6, 1983. ~ ~ ~ Attachments oc: Jackson Ray ~ • CITY OF LA PORTE INTER-OFFICE MEMORANDUM T0: Jack Owen FROM: Robert T. Herrera DATE: October 26, 1983 ~~ SUBJECT: MOTOR POOL VEHICLE REPLACEMENT The City of La Porte is scheduled to replace nine (g) of its standard motor vehicles. In order to satisfy this program, staff has elected to use the following i procurement procedures: Utilize the Houston-Galveston area council to bId our needs on police vehicles. It is staff's feeling that HGAC has developed a police car specification which will satisfy the usefulness and life of this type of vehicle. Staff has elected to utilize the open market on the i procurement of the remaining vehicles for the following reasons: • 1. HGAC does not have a vehicle specification sheet i to purchase large vehicles (bus, garbage trucks, etc.). 2. HGAC minimum specifications are less than what the City of La Porte needs. Staff cars being bid by the HGAC are written around a 112" wheel base and standard cooling systems. City of La Porte staff cars are kept in the fleet on the average of five years and warrant the addition of heavy duty cooling and 115" wheel base. Specifications for the City of La Porte pick-up trucks will be based upon 5/8 ton chassis due to the heavy duty usage these units receive (mosquito fogger and etc.). 3. It is our opinion that the City should not lower its minimum specification. City of La Porte minimum specifications are written in a manner that permits the three large car manufacturers to bid on any of our vehicle needs. This is done in order to test the open market. Therefore it is our recommendation that the City be permitted to utilize both the open market and HGAC to procure its vehicle replacement for 1983-1984. ENCLOSURE CC: JACKSON RAY i RECEIVED • HOUSTON • GALVESTON AREA COUNCIL • Office of the Executive Director MEMORANDUM T0: Area Local Governments FROM: Jack Steele SUBJECT: 1984 Vehicle Procurement DATE: November 22, 1983 I am writing with information on H-GAC's 1984 vehicle procurement. At its November 15 meeting, H-GAC's Board awarded contracts to Knapp Chevrolet, 815 Houston Avenue in Houston, for the following vehicles at the indicated base price: 1) police patrol vehicles - $ 9,248 2) standard V-8 staff cars - $ 8,794 3) half-ton pickups - $ 6,474 short-bed $ 6,596 long-bed 4) 3/4 ton pickups - $ 8,960 (includes hydraulic tail-gate) • Knapp Chevrolet was the lowest bidder on each item among 14 area dealers that responded to H-GAC's solicitation and fully complied with bid specifications. Request for bids were sent to 127 dealers throughout the H-GAC region. In addition to the base price, H-GAC also received quotes on options which may be added to the basic vehicle. Due to the large anticipated volume of police vehicles to be purchased, and to insure best possible price to member governments H-GAC has reduced its administrative cost to member govern- ments on the police vehicle purchase to 2 percent. Enclosed are 1) an interlocal agreement, 2) order forms for each vehicle type, 3) an Exemption Certificate -Fuel Economy and Excise Tax Form and 4) vehicle specifications. If your government plans to participate in this procure- ment please complete an intergovernmental agreement and order form for each group of vehicles to be ordered. H-GAC plans to place its order for vehicles by December 14, 1983, with delivery expected no later than 120 days. If you decide to participate in the 1984 vehicle procurement, we would appreciate receiving your executed intergovernmental agreement, order form, and excise tax form by December 9, 1983. H-GAC hopes you find this a useful service for your local government. If you have any questions about it please call Deidre Schueler or Steve • Howard of the H-GAC staff. ~ R~:C~IV~I~ ~~-~ti-g3 ~o~//1OoLI1I ~~~y(~Oy~/II~~~ LSLS /L/I(~~~1II11I /~/[~~\ //p~\If~~V~A II //(~~~ M IfII If1I (r\~~II M II r~~ )M.( /~p\ r\U~~i ~~//7~~/~/7V%^/L~%Sl1IIS//~~~LSO~//7/O~~'/~ ~(1 O ll V l% L5~ [r-~1L5[/"l1 ~ [rVll l/ll/r~1 U LIOLJ`J ll O~ V 9 ~L~-+UU[~1~:J U U LSLSU ~~~LI /~ L~ LJ T0: FROM: Date: 12-2-83 City Manager John Joerns REQUEST FOR CITY COUNCIL AGEiJUA ITEM 2• X Report Resolution 1. Agenda Date Requested: December 7. 1983 Ordinance 3. Project summary: Review bids for the construction of Sludge Transfer Pump Station at Sewer Treatment Facility. Estimated cost of construction $22,400.00 4. Action Required:Award contract to P & L Associates, Inc. in the amount of $26,034.00 5. Alternative: Reject dll bids. 6. Recommendation: Award construction contract to P & L Associates, Inc. of Cleveland, Texas, in the amount of $26,034.00. (Total. estimated project cost including Engineering Services $33,534.00) ~. Exhibits: .Bid tabulation and recommendation by the City's consulting engineer. s.Availability of Funds: General Fund X Water/Wastewater Continge Capital Improvmt. General Revenue Sharing Other Account Number: 003 810 810 000 Funds Available: X Yes No ~I) Approx--$70, 000: 9,Approved for City Council Agenda sted City Manager Date >, • • • TurnerCollie c~Bradenlnc. November 28, 1983 • H. P. McALISTER SENIOR VICE PRESIDENT PO BOX 13089 HOUSTON, TEXAS 77219 5757 WOODWAY 713 780-4100 TELEX 774185 TCB HOU City of La Porte P. O. Box 1115 La Porte, Texas 77571 Attention: Mr. John Joerns Re: Recommendation of Award Project No. 13-02000-005 City of La Porte Sewage Treatment Plant Improvements Sludge Transfer Pumping Station Gentlemen: Sealed bids, addressed to City of La Porte were received at the City of La Porte City Hall on November 16, 1983. Bids received are as shown on the attached Bid Tabulation. After tabulation and review of all bids received, it is our recommendation that the project be awarded on the basis of the low bid of $26,034.00. No substitutions were offered, therefore the Contract Amount will be $26,034.00. Attached, for your information, is a copy of the Qualification Statement of P & L Associates, Inc. Very truly yours, ~l . P. McAlister, P.E. Senior Vice President HPM:GOP:lf Attachment cc: Jerry Hodge Luther Maxey CONSULTING ENGINEERS • TEXAS AUSTIN/DALLAS/EL PASOIHOUSTON/PORT ARTHUR COLORADO DENVER/GRAND )UNCTION • • CITY OF LA PORTE • SEWAGE TREATMENT PLANT IMPROVEMENTS SLUDGE TRANSFER PUMP STATION JOB NO. 13-02000-005 CCNrRALTOR PNlOUNr BID BID BCND SUBSTI'1~TPICNS - 1. Baytoran Construction $42,255 5~ Nate 2. Clark Caistructicn 34,296 5$ Nate 3. Foroe Corporatiaz 28,073 5~ Naze 4. I,Em Construction 46,500 5~ None 5. P & L Assoc. 26,034 5~ Nare 6. Poindexter Constructicaz 39,980 5~ Nate • •