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HomeMy WebLinkAbout1983-05-18 Regular Meeting• • MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL MAY 18, 1983 1. The meeting was called to order by Mayor Cline at 7:00 P.M. Members of the Cit Council Present: Mayor Virginia Cline, Counci persons B. Don S e ton, Deotis Gay, Lindsay Pfeiffer, Kevin Graves, Ed Matuszak, John Longley, Norman Malone Members of the City Council Absent: Councilperson Linda Westergren Members of the Cit Staff Present.: City Manager Jack Owen, City Attorney Knox As ns, Assistant City Secretary Cherie Black, Chief of Police Herb Freeman, Chief Building Official David Paulissen, Purchasing Agent Jackson Ray, Parks and Recre- ation Director Stan Sherwood, Fire Chief Joe Sease, Graduate Engineer John Joerns, Data Processing Coordinator Bob Graf .Others Present: Mike Martinez, La Porte Area Emergency Ambu- • ance Corps manager; Mrs. Juliet Chatman; Charlie Perry; Jan Lammers, The Lammers Partnership; Jim Haueisen, Pasadena Cable TV; Melissa Lestarjette, Bayshore Sun-Broadcaster; Frieda Beaty, Baytown Sun; Jeff Patterson, Southeast Weekly; 17 interested citizens 2. The invocation was given by Councilperson Norman Malone. 3. Council considered approving the minutes of the Regular Meeting of the La Porte City Council held May 5, 1983. Motion was made b Council erson Skelton to a rove the minutes as resented. Second by Councilperson Pfeiffer. The motion carried, ayes and 0 YL~.ys . Ayes: Goun~cilpersons Skelton, Gay, Pfeiffer, Graves, Matuszak, Longley, Malone and Mayor Cline Nays: None 4. Mrs. Sonja Angelo was not present to receive a proclamation for "Sonja Angelo Day" due to being out of town. This proclamation will be presented to Mrs. Angelo at a later date. 5. A proclamation was presented to Police Chief Herb Freeman pro- claiming May 15 through 21, 1983, as "Police Week." • 6. Mr. Jim Haueisen, Pasadena Cable System General Manager, presented a status report on cable TV in this area. • • • Minutes, Regular Meeting, La Porte City Council May 18, 1983, Page 2 7. Mrs. Juliet Chatman spoke to Council regarding the school. board election.. Mrs. Chatman was requested to submit her statements in .writing for study by Council. 8. Council considered bids received on the concession stand in Lomax. Two bids had been received, both of which were above the budgeted amount. Motion was made by Councilperson Matuszak to reject the bids received and the item either be rebid with modified lans or rebu eted in our next bud et at staff s discretion. Second y Counci person S e ton. The motion carried, ayes and 0 nays. Ayes: Councilpersons Skelton, Gay, Pfeiffer, Graves, Matuszak, Longley, Malone and Mayor Cline Nays: None 9. Council considered Change Orders 3 and 4 - Street Paving and Drainage Project. Motion was made by Councilperson Gay to accept Staff's recom- • mendation that chan a ordexs 3 and 4 for the street avin and draina a ro'ect e a rove Second y'Counci person Ma one. T e motion Carrie ayes and 0 nays. Ayes: Councilpersons Skelton., Gay, Pfeiffer, Graves, Matuszak, Longley, Malone and Mayor Cline Nays: None 10. Council considered agreements with the Church of Christ and the First. United Methodist Church for parking lots. Motion was made by Councilperson Skelton to anvrove these ar~ree- meets. Secon y Graves. After discussion on type of materials to use, the motion was amended by Councilpersan Skelton to in- clude Chan es apart of the official minutes) for the Churc o C gist a reement. Second by Councilperson P ei er.~. The amen a motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Skelton, Gay,. Pfeiffer, Graves, Matuszak, Longley, Malone and Mayor Cline Nays: None The original motion with no changes to the Methodist Church Agreement carried, 8 ayes and 0 nays. • Ayes: Councilpersons Skelton, Gay, Pfeiffer, Graves, Matuszak, Longley, Malone and Mayor Cline Nays: None • Minutes, Regular Meeting, La Porte-City Council May 18, 1983, Page 3 11. Council considered authorizing going out for bids for fire station ~~1 expansion. Motion was made by Councilperson Graves to authorize going out for bids for fire station ~l ex~ansion_ and 0 nays. ayes Ayes: Councilpersons Skelton, Gay, Pfeiffer, Graves, Matuszak, Longley, Malone and Mayor Cline Nays:. None 12. Council considered amendments to Ordinance 780, the Zoning Ordinance of-the City of La Porte., Articles 7 and 13. The City Attorney read: AN ORDINANCE AMENDING ARTICLE 7, SECTION 7-100, et. seq., OF ORDINANCE N0. 780, THE CITY OF LA PORTE ZONING ORDINANCE, PROVIDING .NEW DEFINITIONS OF MANUFACTURING, SHIPPING; CONTAINER STORAGE YARDS., TRUCKS, TRUCK TERMINALS, TRUCK WASHES, FREIGHT, FREIGHT TERMINALS, OPEN TERRACE, AUTO- MOTIVE WRECKING AND SALVAGE YARD, AND SCRAP METAL PROCESSORS; FURTHER AMENDING ARTICLE 13, SECTION 13-404(4)(c) REMOVING THE SQ. FEET OF LOT AREA PER GROUND FLOOR MULTIPLE FAMILY .DWELLING UNIT REQUIREMENT, AND REPLACING IT WITH A SIMPLE UNITS PER ACRE DENSITY LIMITATION; FURTHER AMENDING ARTICLE 13, SECTION 505(2), TO REQUIRE AUTOMOTIVE WRECKING AND SALVAGE YARDS, AND SCRAP METAL PROCESSORS TO BE LOCATED ON LAND ZONED INDUSTRIAL, FURTHER REQUIRING A SPECIAL USE PERMIT FOR SAID USES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFEC- TIVE DATE HEREOF. Motion was made by Councilperson Matuszak to annrove and adovt Ordinance No. 7~ -ZZZ as rea t e Cit Attorne Second by Counci person S e ton. T emotion Carrie ayes and 0 nays. Ayes: Councilpersons Skelton, Gay, Pfeiffer, Graves, Matuszak, Longley, Malone and Mayor Cline Nays: -None 13. Council considered approving a contract with the La-Porte Area Emergency Ambulance Corps (a Part of the official minutes). After discussion by Council and .questions were answered by Mike Martinez, Ambulance Corps Manager; motion was made b Council- ~erson Skelton that the Cit `enter into a contract wit t e Am'6u awe Service. Second y Counci~.person l~Ta-t-usza~'1''~mo- tion~carried;-8 ayes and 0 nays. Ayes: Councilpersons Skelton, Gay, Pfeiffer, Graves, Matuszak, Longley, Malone and Mayor Cline Nays: None • • • Minutes, Regular Meeting, La Porte City Council May 18, 1983, Page 4 14. Council considered Resolution 83-9, read by the City Attorney: A RESOLUTION AUTHORIZING THE CITY OF LA PORTE TO BORROW THE SUM OF THREE HUNDRED FORTY-ONE THOUSAND, SEVEN HUNDRED NINETY DOLLARS ($342,790.00) FOR THE PURCHASE OF A SUTPHEN CORPORA- TION AERIAL. TOWER FIRE FIGHTING APPARATUS, WHICH PROMISSORY NOTE SHALL BE ISSUED UNDER THE AUTHORITY OF THE TEXAS PUBLIC PROPERTY FINANCE ACT, AND SHALL BE SECURED BY THE FULL FAITH AND CREDIT OF THE CITY OF LA PORTE. Motion was made by Council~erson Gav to adopt Resolution 83-9 as read b the Cit Attorrie Second by Councilperson Graves. The motion carrie ayes and 0 nays. Ayes: Councilpersons Skelton-, Gay, Pfeiffer, Graves, Matuszak, Longley, Malone and Mayor Cline Nays: None 15. Council considered awarding a bid for the computer room air conditioning. After discussion and .questions from Council, motion was made b Council erson Pfeiffer to award the bid • or com uter room air con tonin to Arve Moore Air Con- itionin in t e amount o ,775.3 Secon y Counci person Long ey. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Skelton, Gay, Pfeiffer, Graves, Matuszak, Longley, Malone and Mayor Cline Nays: None 16. Change orders 1, 2 and 3 for the TCDC project were considered by Council. .After questions from Council and clarification by staff, motion was made by Couricilperson Skelton to approve Chan e orders 1 ~ an 3 or t e TCDC ro'ect. Secon y Counci person P ei er. T e motion carrie 8 ayes and 0 nays. Ayes: Councilpersons Skelton, Gay, Pfeiffer, Graves, Matuszak, Longley, Malone and Mayor-Cline Nays: None 17. Administrative Reports: City Manager Owen reported that the computer has arrived. Fur- ther modification to the computer room will be required before the computer can be installed. Bids have been advertised for this work. The insurance study on xisk management insurance has been •- received. These reports will be given to Council within a few days. They are quite lengthy and will require considerable study. l~ J • Minutes, Regular Meeting, La Porte City Council May 18, 1983, Page 5 18. Council Action.: Council erson Skelton: Pleased to see citizens, and would we come their coming back every Wednesday night. Council erson Ga -.Thanked everyone for coming out and is grate u t at people are interested in their City. Council erson Matuszak: Street lights on the south side of Fairmont Partway in ront of City Hall need to be looked into. He has had complaints that the south side is much darker than the north side since the street was widened. Mr. Owen will check with Houston .Lighting & Power Company. Councilperson Longley:. Likes the new voting order 19. There was no executive session. 20. There being no further business to come before City Council, • the meeting was duly adjourned at 8:24 P.M. Respectfully submitted: Cherie Black Assistant City Secretary P ssed & Approved this t e 1st day of June, 1983 Vi inia Cline, Mayor r: • • D i c e of ' tai e ~j~y® • J,.nww~My`, s `~+oF ~~ p,~.~ c, ; •. ~ CI'~Y OF ~;:.. .! LA PORE Sti~q~ , ~1r y~f~OUN~v~ *~ The Congne~b a~ ~h.e Un.%ted S~ate~s oU Ametr.%cA. hay de,~s~,gn~,ted the weep. o~ May 15~h ~a be ded~,ca~ed a~ "Na~,i.ana,2 Pa.P.%ce Gleefz" and May l 5~h. a ~ each yeah ~a be "Na~,%ona2 Peace O ~ ~~.cetus Mematricc2 Day" ~,n • o~,de~c ~a hanon ~ha~e o~b~,ce~ wha d~,ed ~.n the .P,c:ne o~ duly; and WHEREAS, .2aui en~arccemevLt ab5.icens ane auto guatrd,i.a.n~ o~ .P.i.se and p~.apeJc~y, de~endens ab ~h.e .ind~,v~,dua.2 rri.gh~ ~:a be bnee men, uxttctt,i.a~r~s .i.n ~h.e watt. aga.%n~~ chime and dedc:ca~ed ~a the ryceJ~eJcva~%on o~ .P.%ie, .~i,betrty~ and ~1a.e puttsu,i~ a ~ happ~,ne~s~; and WHEREAS, ~'he C.c~y o~ La Pottte de~,tlt.e~ ~o hanan ~h.e va.eatc, ~e1rv~,ce and decLi.ca~i,an a~ ~.~s awn pa~P.i.ce o~5~.ce~us: NOW, THEREFORE, I, VIRGINIA CLTNE, MAYOR a~ the C.cty as La Pante, da hetceb y pno c,eaim ~h e weeFz a ~ May 15 ~htco ug h 21, 19 8 3, ~o b e ' "POLICE WEEK" and ca,P~ upon xhe citi.zen~ .cvt ~h,L,s cammun,i~ty .ta e~spec~ca.Q,2y hanatc and ~shaw auto a~,nce~c.e apptcecia~,%an {pan the po.2%ce a~~~,cetc~ a~ C.cty by deed, nemanfz and a~ti~ude. I ca.~2 upan auto a%t%zens ~a maFze eve~t.y e~~ant xa expnea~s ~h.e-vr. • ~hanFt~ ~a outc men who matte .it pat~~~.b2e ion u~5 ~:a .heave volt hame~ and ~am,iey ~,n ~a~e~y each day and ~o netunn .ta volt hame~s Finaw~.ng they att.e pna~ected by men w.c.1/Ping ~o ~sac.h.%~-%ce ~heitr..Zi.ve~5, .i{y nece~saany, .ta guatcd auto loved avie~s, pnapefrty and gavennmerr~ aga~.v~~ a.2e wha wau~.d v~.a~e ~Gte .haw. IN WITNESS WHEREOF, I have hetceunta ae~ my hand and cawed ~4te Seae a~ the C,cty o~ La Patrte ~a be ab~~.xed helce~a, ~h,%.s ~lte 18~h day ab May, 1983. V-vrg.u~t~t.a. C e, a yarc • ~~ C~ MEMORANDUM C May 13, 1983 T0: Mayor and City Council FROM: Jack Owen SUBJECT: Bids for Concession Stand for-Lomax Rodeo Arena Sealed bids were received on constructing the proposed concession .stand. Only two bids were received, and the low bid is $33,000.00. Since the low bid is well above the budgeted amount of $16,000.00, I recommend that both bids be rejected. Jack Owen JO/cb • ~ i INTER-OFFICE MEMORANDUM • APRIL 6, 1983 T0: S. Sherwood - Director of Parks and Recreation FROM: J. Ray SUBJECT: Sealed Bid: Concession Stand for Lomax Rodeo Arena Advertised sealed bids for the contract construction of a concession stand at 1525 Lomax School Road (Lomax Rodeo Arena) were opened and tabulated April 4. 1983. A total of $16,000 is presently appropriated in the 1982-83 Capital Improvement Budget to complete this project. Five local contractors were invited to bid but only two bids were received. Low bid of $33,000 was submitted by Moore & Moore General Contractors of La Porte with an estimated completion time of sixty (60) days. I will abstain from making any recommendation at this time due to the lack of unencumbered funds to complete this project. Please advise me of your decision in this matter. • JR/mb cc: B. Herrera • • CITY OF LA PORTS MENfl3RANDUM RATE OF MEETING: May 18, 1983 • AGENDA TI'II~I: Change Order #3 - Street Paving and Drainage Improvements ORIGINATID BY: John Joerns PROJECT SUN~'1ARY: Routine change order previously agreed to by Council. Change Order #3 is for the removal of trees in the right-of-way of East Fieldcrest and to relocate the center of the improved street to the center line of the right- of-way. FISCAL SUNA~ARY: Net increase to contract resulting from Change Order #3 in the amount of $2,000.00 for a total value of $454,910.73 Budgeted funds. are available and no additional appropriations are required. • ACTION REQUIRED: Approval of Change Order #3 ALTERNATIVES: REGOI~IDATION: Approve Change Order #3 EXHIBITS: Change Order #3 SUBMITTER: John Joerns L~ • CITY OF LA PORTS MEN9ORANDUM L1ATE OF MEETING: May 18, 1983 A(~TIDA Tl'EI~I: Change Order #4 - Street Paving and Drainage Improvements ORIGINATED BY: John Joerns PROJECT SiJPM4ARY: Reduce the paving width,,of Lomax Drive to 22 feet in order to fit existing roadbed conditions. The reduction in width is necessary to prevent relocation and adjustment of existing utilities within the right-of- way. Change Order #4 will reduce the base material and subgrade accordingly.. FISCAL SUMMARY: Net decrease to contract resulting from Change Order #4 in the amount of $3,888.24~for a total value of $451,022..49. • ACTION REQUIRED: Approval of Change Order #4 ALTERNATIVES: RECONIIHENDATION: Approve Change Order #4 EXHIBITS: Change Order #4 SiJBMITTER: John Joerns • i THE STATE OF TEXAS § COUNTY OF HARRIS § LICENSE AGREEMENT • This Agreement made and entered into by and between the CITY OF LA PORTE, a municipal corporation, hereinafter called CITY, and the CHURCH OF CHRIST OF LA PORTE, hereinafter called CHURCH, W I T N E S S E T H: For and in consideration of the premises, and the mutual cove- nants herein contained, the Parties hereto agree as follows, to-wit: • I. Attached to this Agreement, and made a part hereof, is a plat, showing .the location of CHURCH, and the location of CITY'S right-of- way contiguous to the property of CHURCH. CHURCH is aesirous oz utilizing a portion of CITY'S right-of-way, as shown as a shaded area on said plat, to construct, maintain, and utilize as parking spaces incident to the use of its buildings. CITY is agreeable to CHURCH using said portion of the street right-of-way for such purpose, on the following terms and conditions. II. CITY grants a license to CHURCH, subject to revocation by CITY upon ninety (90) days written notice to CHURCH, to so use said por- tion of the CITY street right-of-way, for parking, as shown on the attached plat. Such license is contingent upon CHURCH installing such parking spaces according to plans and specifications which shall be approved by CITY'S engineer. CITY, for itself and other public utilities holding a franchise from CITY, reserves the right to use said right-of-way for the purpose of installing, operating, and maintaining, public utilities below the surface of such portion of • such right-of-way, and CITY, for itself and for the public utilities which hold franchises from CITY, reserves the right to excavate i • III. CHURCH agrees to pave, and keep paved, such right-of-way area, • - ~ ~ . -2- within such right-of-way area, to maintain, replace, and repair, such public utilities, without any obligation upon the part of CITY, or any of said public utilities, to repave the surface. CHURCH shall bear the expense of removal of the concrete if deemed necessary by CITY. with concrete paving material. Further, CHURCH agrees to maintain said paved area in good condition, and to stripe the parking spaces • from the right-of-way line. In its use of such right-of-way for parking, CHURCH agrees to save and hold harmless the CITY OF LA PORTS from any loss, liability, or damage which may arise from such use. WITNESS OUR HANDS, this the 18th day of May, 1983. CITY OF LA PORTS ATTEST: ~~~ _~~, City Secretary B y l~~-% Vi inia C ine, Mayor • CHURCH OF CHRIST OF LA PORTS Trustee BY !~J r `//,~~ ~~ Trustee • -~/ % Trustee ~~~ ~ DITCH WEST F ST. R. 0. W. <80') 0 3 0 ti ~ ~i ~i n .arn~.GJ R.QW. ~(00'~ iv Marna,. a.~ WEST G ST. ~ to I ~ ~~ ~~ ~ EXHIBIT :~, • THE STATE OF TEXAS § COUNTY OF HARRIS ~ LICENSE AGREEMENT • 7.~his Agreement made and entered into by and between the CITY OF Lt1 FORTE, a municipal corporation, hereinafter called CITY, and the FIRST UNITED METHODIST CHURCH OF LA FORTE, hereinafter called CHURCH, W I T N E S S E T H: For and in consideration of the premises, and the mutual cove- nants herein contained, the Parties hereto agree as follows, to-wit: • I Attached to this Agreement, and made a part hereof, is a plat, showing the location of CHURCH, and the location of CITY'S right-of- way contiguous~to the property of CHURCH. CHURCH is aesirous o= utilizing a portion of CITY'S right-of-way, as shown as a shaded area on said plat, to construct, maintain, and utilize as parking spaces incident to the use of its buildings. CITY is agreeable tc CHURCH using said portion of the street right-of-way for such purpose, on the following terms and conditions. II. CITY grants a license to CHURCH, subject to revocation by CITY upon ninety ( 90 ) days written notice to CHURCH, to so use said por- • tion of the CITY street right-of-way, for parking, as shown on the attached plat. Such license is contingent upon CHURCH installing such parking spaces according to plans and specifications which shall be approved by CITY'S engineer. CITY, for itself and other public utilities holding a franchise from -CITY, reserves the right to use said right-of-way for the purpose of installing, operating, and maintaining, public utilities below the surface of such portion of • such right-of-way, and CITY, for itself and for the public utilities which hold franchises from CITY, reserves the right to excavate F3 • • • -2- within such right-of-way area, to maintain, replace, and repair, such public utilities, without any obligation upon the part of CITY, or any of said public utilities, to repave the surface. III. CHURCH agrees to pave, and keep paved, such right-of-way area, with asphalt type paving material, and to not use concrete paving material. Further, CHURCH agrees to maintain said paved area in good condition, and to stripe the parking spaces at a 45° angle from the right-of-way line. In its use of such right-of-way for • parking, CHURCH agrees to save and hold harmless the CITY OF LA PORTE from any loss, liability, or damage which may arise from such use. WITNESS OUR HANDS, this the 18th day of May, 1983. CITY OF LA PORTE By Virginia C ine, Mayor ATTEST: City Secretary FIRST UNITED METHODIST CHURCH • OF LA PORTE By Trustee By Trustee • BY Trustee ~~ • CITY OF LA PORTS N~`B3RANDUM DATE OF MF..FTIl`G May 18, 1983_ AGENDA IT~"~2: New Construction at Fire Station # 1 ORIGIlQATED BY: J . L . Sease • PROTECT SUrM~ARY: The Lammers Partnership, Architects and Planners have the plans and bid specifications ready to advertise for a construction contractor. FISCAL SC1NfMARY: $175, 000.00 was budgeted in the 1982-83 Capital Improvement Fund for this work. • ACTION REQUIRED: Council approval to advertise for bids for a contractor to do the construction. ALTERNATIVES: RECOP~IDATION: Advertise for bids EXHIBITS: Mr. Jan Lammers, A.I.A. will be present to answer questions and will have copies of the plans and specifications for bidding. SUB:'!ITTL.'R. FIRE DEPARTMENT ~ • • CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: JACK OWEN DATE: 5-13-83 FROM: J.L. SEASE SUBJECT: ADVERTISING FOR BIDS ON FIRE STATION #1 EXPANSION The Architectural firm has completed the plans and. specifications for Station l expansion. We would 1 ike to have the City Council grant permission to advertise for bids when the Enforcement Division has approved the plans. r~ U • • ORDINANCE NO. • AN ORDINANCE AMENDING ARTICLE 7, ~ 7-100, et. seq., OF ORDI- NANCE NO. 780, THE CITY OF LA PORTE ZONING ORDINANCE, PROVIDING NEW DEFINITIONS OF MANUFACTURING, SHIPPING CONTAINER STORAGE YARDS, TRUCKS, TRUCK TERMINALS, TRUCK WASHES, FREIGHT, FREIGHT TERMINALS, OPEN TERRACE, AUTOMOTIVE WRECKING AND SALVAGE YARD, AND SCRAP METAL PROCESSORS; FURTHER AMENDING ARTICLE 13, ~ 13-404(4)(0) REMOVING THE SQ. FEET OF LOT AREA PER GROUND FLOOR MULTIPLE FAMILY DWELLING UNIT REQUIREMENT, AND REPLACING IT WITH A SIMPLE UNITS PER ACRE DENSITY LIMITATION; FURTHER AMENDING ARTICLE 13, ~ 505(2), TO REQUIRE AUTOMOTIVE WRECKING AND SALVAGE YARDS, AND SCRAP METAL PROCESSORS TO BE LOCATED ON LAND ZONED INDUSTRIAL, FURTHER REQUIRING A SPECIAL USE PERMIT FOR SAID USES; PROVIDING THAT ANY PERSON VIOLATING THE TERM5 OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 7-100, et. seq. of the Zoning Ordinance of the City of La Porte, is hereby amended, adding the following definitions in proper numerical and alphabetical sequence, to-wit: "Sec. 7-103A - Automotive Wrecking and Salvage Yard. • Any lot or tract of land whereon three or more discarded, abandoned, junked, wrecked or worn out automotive vehicles, including but not limited to automobiles, trucks, tractor trailers, and buses, are kept or stored for the purpose of disassem- bling, dismantling, cutting up, stripping, or otherwise wrecking such automotive vehicles to extract therefrom parts, components, or acces- sories for sale or for use in automotive repair or rebuilding businesses. "Sec. 7-139B - Freight Terminal. See definition of § 7-163 Motor Freight Terminal. "Sec. 7-160A - Manufacturing. the process or operation, whether by hand, machinery, or other agency, whereby material is changed into a different and useful product. "Sec. 7-167A - Open Terrace. a level space or platform constructed of concrete, wood, earth, or • other similar materials, raised above average grade, without any enclosing walls or roof attached. An "open terrace" may include a patio or sun deck. ~~ U • Ordinance No. , Page 2. • "Sec. 7-170A - Scrap Metal Processor. Business in which the processing of iron, steel, or non-ferrous scrap for remelting purposes is carried on. "Sec. 7-172A - Shippin Container. Sealable ship- ping containers, designed or intermodal transpor- tation, either with or without a permanent affixed chassis, used in interstate and international commerce for the shipment of goods and merchandise. "Sec. 7-172B - Shipping Container Stora a Yards. A facility for the storage, handling, and repair of shipping containers. "Sec. 7-185A - Truck Terminal. A commercial facility operate principa y for the loading, • unloading, storage, handling, maintenance, or repair of any trucks designed, used, or maintained primarily for the commercial transportation of property, including, but not limited to gasoline service stations, shipping container storage yards, warehouses, shipping facilities, or motor freight terminals. "Sec. 7-185B - Truck Wash. A commercial facility operated principally for the interior and exterior cleaning of commercial trucks, specifically in- cluding commercial tank trailers as that term is defined in Chapter 25, Article IV, Section 25-80 of the Code of Ordinances of the City of La Porte. Said interior cleaning process par- ticularly involves the extraction and disposal of the chemicals contained within said tank trailers. Said chemicals frequently are classified as "hazardous waste" under applicable municipal, county, state, and federal regulations." Section 2. Section 13-404(4)(c) of the Zoning Ordinance • of the City of La Porte, Texas, is hereby amended to read as follows, to-wit: "Sec. 13-404(4)(c) - A lot on which there is erected or converted, a multiple family dwelling shall contain no more than twenty-seven (27) apartments or dwelling units per acre. Provided, that any lot on which a multiple ,family dwelling is erected shall contain a minimum of 25,000 square feet." Section 3. Section 13-505(2) of the Zoning Ordinance of • the City of La Porte, Texas, is hereby amended to read as follows, to-wit: ~~ • • • Ordinance No. , Page 3. "Sec. 13-505(2) - Uses for which special permits may be secured, subject to all conditions and safeguards prescribed herein or as may be further prescribed by the Board of Adjustment are as follows: (a) Airport, landing field or landing strip; pro- vided adequate clear zones can be established. (b) Amusement parks, commercial baseball or athletic fields, stadiums, race tracks, circuses,. carnivals, and fair grounds; provided such facili- ties conform to the performance standards relating to noise as set forth in Section 13-506, Perform- . ance Standards. The illumination of such facili- ties shall not exceed two tenths (0.2) foot-candle across the source property line when adjacent to a Residential District; however, such facilities are permitted the use of an illuminated advertising sign or marquee provided such signs or marquees are not located within twenty-five (25) feet of any Residential District Boundary and the illumi- nation of such signs or marquees does not exceed two tenths (0.2) foot-candle across the source property line. (c) Cemeteries, mausoleum, or crematories; pro- vided such facilities are enclosed by a screening device, as defined in Section 2, Definitions. (d) Drive-in theaters, provided they are located on a major thoroughfare and conform to the per- formance standards relating to noise and as set forth in subsection 10.04, Performance Standards. They shall be enclosed by a screening device as defined in Section 2, Definitions. The illumina- tion from such a facility shall not exceed two tenths (0.2) foot-candle across the source pro- perty line when adjacent to a Residential District; however, such facilities are permitted the use of • an illuminated advertising sign or marquee provided such signs or marquees are not located within twenty-five (25) feet of any Residential District Boundary and the illumination of such signs or marquees does not exceed two tenths (0.2) foot- candle across the source property line. (e) Golf driving ranges and miniature golf courses; provided the illumination of such facili- ties does not exceed two tenths (0.2) foot-candle as across the source property line when adjacent to a Residential District; however, such facilities are permitted the use of an illuminated advertising sign or marquee provided such signs are not lo- cated within twenty-five (25) feet of any Resi- • dential District Boundary and the illumination of such signs or marquees does not exceed two tenths (0.2) foot-candle across the source pro- perty line. !,~ • • Ordinance No. (f) Hospitals for the care patients, contagious disease or psychiatric patients, or institutions; provided such located on a site of not les acres. The main and accesso structures shall not occupy per cent of the total lot ar building or structure shall all property lines at least each two (2) feet of additio forty-five ( 45 ) feet. Page 4. of alcoholics, mental .patients, narcotic penal or correctional facilities shall be s than five (5) ry buildings or more than ten (10) ea. The main be set back from one (1) foot for nal height above (g) Sand, gravel, and borrow pits; provided such • operations conform to performance standards set forth in Section 13-506, Performance Standards. At the time the special permit is granted, the Board may make special provisions for the restor- ation of such property to a usable condition after excavations have been terminated. (h) Radio, television, or microwave broadcast or relay towers. (i) Sewage, refuse, or garbage disposal and/or treatment plants; provided such facilities conform to performance standard set forth in Section 13-406, Performance Standards. Such facilities shall be enclosed by a screening device as defined in Section 7-171, Definitions. (j) Trailers or mobile homes; provided all appro- priate state, county and city sanitation regula- tions are strictly observed. At least fifteen hundred (1,500) square feet of lot area per trailer shall be provided; no trailer shall be parked closer to the street than the required front yard setback, nor closer than thirty (30) feet to any property line abutting or lying within a Residential District, nor closer than twenty (20) • feet to any other property line. A clearance of not less than fifteen (15) feet shall be main- tained between trailer coaches on all sides. Trailer coach spaces abut upon a hard surfaced driveway or accessway of not less than twenty-five (25) feet in width. No service building or other facilities for bathing, laundry, and sanitation as required by the state and local health regulations, shall be located closer to the street than the required front yard set back, not closer than thirty (30) feet to any property line abutting or lying within a Residential District, not closer than twenty (20) feet to any other property line. Such buildings or facilities shall be accessible to all trailer coaches by means of the access • drives or hard surfaced walks. Wherever practical, space shall be reserved for recreation and a play- ground. ~~ • • • Ordinance No. Page 5. (k) Shipping container storage and repair facilities. (1) Freight terminals. (m) Automotive wrecking and salvage yards, scrap metal processors, and junk or salvage yards; provided that the requirements of Chapter 12 3/4, Section 12 3/4-1, et. seq., of the Code of Ordinances of the City of La Porte are strictly adhered to~~n addition to the requirements of this ordinance. Section 4. 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 5. 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. 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 N~ • • Ordinance No. , Page 6. • 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 7. 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 day of , 198 CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: • City Secretary APPROVED: City Attorney • F~~ • • THE STATE OF TEXAS COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS: THIS CONTRACT AND AGREEMENT made and entered into on this the day of 1983, by and between the CITY OF LA PORTE, TEXAS, a municipal corporation, hereinafter called "CITY," and LA PORTE AREA EMERGENCY CORPS, a Texas non-profit corporation, hereinafter called "CONTRACTOR," hereby amending that contract entered into between City and Contractor on the 1st day of August, 1981, and containing all terms of the agreement between said parties. W I T N E S S E T H: Y That Contractor agrees as an independent contractor, at his own cost and expense, to furnish emergency ambulance service in the City of La Porte, its industrial districts, its extra territorial juris- diction, the City of Morgans Point, the Port of Houston (Barbour's Cut Terminal facility), West Gulf Coast Maritime Association, and such other and specific service contracts for emergency ambulance services approved by the City Council of the City of La Porte from time to time; in compliance with the terms and conditions, covenants and agreements hereinafter set forth; provided, however, that the City hereby agrees and promises to pay Contractor Thirteen Thousand Three Hundred Thirty-three ($13,333.00) Dollars per month, in advance, • for such services. The Contractor will provide space for housing ambulances and personnel. I. AMBULANCES PROVIDED As part of the consideration expressed herein, City hereby leases and demises two (2) ambulances to Contractor, said ambulances being • more particularly described on the Texas Certificates of Title, attached hereto as Exhibit "A", and fully incorporated by reference herein. Contractor in turn shall regularly maintain said ambulance ~~ • • • -2- units and keep them in good working condition at all times, normal wear and tear accepted. Contractor shall further keep in full force and effect, collision and liability insurance on said ambulances in accordance with the provisions of paragraph IX in fra. The City of La Porte shall be named as an additional insured on said policies. II. EMERGENCY AMBULANCE SERVICE REQUIREMENTS Contractor covenants and agrees to furnish ambulance service in compliance with the following requirements: (1) Contractor shall have and maintain at least two (2) ambu- lances and crews available twenty-four (24) hours daily for emergency dispatch, in conformity with the standards set forth in Paragraph III hereof. City reserves the right to arrange for back-up units when both of the two (2) ambulances are in service, and the further right to activate mutual assistance agreements with other governmental en- tities in the event of calamity or disaster conditions. Nothing set forth herein is meant to diminish the ability of Contractor to arrange for backup units when both of the two ambulances are in service, or diminish the right of Contractor to activate mutual assistance agreements with other governmental entities in the event of calamity or disaster conditions. (2) Equipment and crews shall be located at a point or points within the City of La Porte to be selected by Contractor, subject to approval of the Chief of Police. It is the intention of the parties that same shall be so located that an ambulance can reach any area within the City limits • of the City of La Porte within a reasonable period from the time of dispatch, and it is within the contemplation of the parties that ten (10) minutes is deemed to be a reasonable period of time. (3) It is the intention of the parties hereto that the Con- tractor is authorized to furnish emergency ambulance and invalid coach service only. (An attendant in addition to the driver shall not be required on invalid coach service). Contractor shall only provide hearse service for the trans- - portation to any morgue, mortuary or funeral home of the body of any person officially declared dead, when author- ized by proper authority; provided, however, the minimum of two (2) emergency vehicles provided for hereunder shall • not be used for invalid coach service nor for hearse ser- vice. .1-. ~- • • • -3- III. STANDARDS REQUIRED FOR AMBULANCES AND ACCESSORY EQUIPMENT Contractor covenants and agrees to furnish at his own expense ambulances and accessory equipment which comply with the following standards: (1) A total of not less than two (2) ambulances shall be fur- nished by the Contractor twenty-four (24) hours a day, within the city limits of the City of La Porte, Texas. Provided, that said two (2) ambulance requirements shall not apply, when either or both of said units are engaged in providing emergency ambulance service to a point or points as contemplated within the contract area, said contract area specified in paragraph XIII. One of said _ units may be on call at a backup location within the City of La Porte upon dispatch of the initial unit required to be maintained within the City of La Porte. Each vehicle must have a patient capacity of not less than two (2) patients. (2) All ambulances must be inspected and approved by the Chief of Police of the City of La Porte and must be of a type and design suitable for transporting injured persons. Said vehicles shall be at all times in a state of good mechan- ical repair and shall be equipped with tires in good con- dition and not showing unusual wear. (3) All such ambulances must be distinctly marked, showing the name of the Contractor providing service. (4) All such ambulances must be licensed as emergency vehicles in compliance with Article 4590-b of the Revised Civil Statutes of the State of Texas, and amendments thereto, and in compliance with the Rules and Regulations of the State Board of Health. Each such ambulance shall.be manned by two persons, attendant and driver. The driver shall • have a valid chauffeur's license issued by the Department of Public Safety of the State of Texas, and an Emergency Care Attendant (Class B) certificate issued by the State Board of Health in compliance with Section 3, Article 4590-b, Revised Civil Statutes of Texas. The attendant shall be a state registered Emergency Medical Technician (Class A). (5) Each ambulance shall be equipped with a siren and red light in good working condition. (6) (a) Each ambulance shall be equipped with a two-way radio which transmits and receives on frequencies designated for use by the City of La Porte. • (b) Radios will be operated on City of La Porte local government frequency - 155.625 megacycles, or such other frequency which the City may designate. (c) The radios will be purchased by the City and will be leased to Contractor for a period to coincide with ..L 3 • CJ -4- the contract for emergency service, which lease shall be deducted from the City's payments hereunder. (d) Radios must be maintained to meet current F.C.C. specifications. The maintenance costs will be borne by the Contractor. (e) Radios must have an annual frequency check by the City Radio Technician - during the month of February. (f) Radios must be at least sixty (60) watt General Electric or Motorola, or equal. (g) Contractor will comply with all F.C.C. regulations. The assigned radio frequency is shared with other City services. Contractor shall keep all radio mes- • sages brief and clear, and shall avoid unnecessary transmissions. (7) The Chief of Police of the City of La Porte shall determine the standards for ambulance equipment. In determining the adequacy of equipment, the Chief of Police shall take into consideration the current list of minimal equipment for ambulances adopted by the American Academy of Orthopaedic Surgeons or its duly authorized Committee on Trauma. IV. INSPECTION AND APPROVAL OF AMBULANCES AND ACCESSORY EQUIPMENT BY CITY All ambulances and accessory equipment shall be subject to inspection by the Chief of Police of the City of La Porte, or his duly appointed representative, and if at any time same are not in compliance with the provisions hereof, or if any ambulance is in • need of mechanical repairs in order to insure its satisfactory con- dition, then the Chief of Police shall inform Contractor of .such defects and such ambulance shall not be used until all defects are remedied to the satisfaction of the Chief of Police. Appropriate substitute equipment shall be provided in the event any vehicle or equipment is not available for service for three (3) days, and imme- diate written notice of such shall be furnished by Contractor to • City. L • • • -5- V. TRANSPORTATION TO HOSPITAL Contractor shall transport patient to the nearest hospital pro- viding an emergency service, that will take the patient, unless the patient's safety or the patient him or herself specifically dictates otherwise. In the event the patient is incapacitated, the ambulance attendant shall designate transportation of patient to the nearest hospital. • VI. CHARGES PERMITTED CONTRACTOR Contractor shall be permitted to charge the following base charge, to-wit: (1) Ambulance Service and Invalid Coach Service: (a) Contractor shall be entitled to charge fees for its services rendered, said fees being specifically enu- merated on Exhibit "B", attached hereto, and fully incorporated by reference herein. (b) Method of dividing cost among patients if more than one if carried in the same ambulance simultaneously to one hospital: • One and one-half (1-1/2) times the regular rate, divided by the number of patients transported; each patient to pay equal amount. Contractor shall never deny emergency service because of a person's inability to pay. (c) The collection of such fees shall be the sole respon- sibility of the said Contractor. Contractor shall vigorously pursue the collection of such fees. Fees specified in said Exhibit "B" may be subject to change, upon approval of the City Council of the City of • La Porte, from time to time. .S • -6- VII. DISPATCHING Contractor shall have its own telephone number, with a minimum of two (2) incoming lines, to accept emergency or transfer calls. However, Contractor agrees to call the Police Department to clear each call when dispatching ambulances. Contractor will give the destination and nature of the call. Contractor shall furnish the Police Department, by telephone or • radio, the following information on each call: (1) Time in service; (2) Upon arrival at scene; (3) Upon leaving the scene; (4) Upon arrival at hospital; (5) Upon leaving hospital; and (6) Time back in service. VIII. COMPLIANCE WITH LAW AND ORDINANCES Contractor agrees to operate the ambulances in accordance with the requirements of the State and Federal law, and applicable ordi- . nances of the City of La Porte, as same now exist, and as may be amended from time to time hereafter. IX. LIABILITY INSURANCE During the term of this contract and any extensions thereof, • Contractor shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees -7- administering patient care, with minimum limits of One Hundred Thousand Dollars ($100,000.00) for property damage; One Hundred Thousand Dollars ($100,000.00) for each person; and Three Hundred Thousand Dollars ($300,000.00) for each accident. In addition, Contractor shall keep and maintain Worker's Compensation insurance on its employees. In addition, Contractor shall maintain collision and liability insurance on the ambulances described on Exhibit "A", with at least maximum limits of One Hundred Thousand Dollars • ($100,000.00) per current property damage; One Hundred Thousand Dollars ($100,000.00) per person; Three Hundred Thousand Dollars ($300,000.00) per occurance for bodily injury; and uninsured and under-insured .. motorists coverage providing at least Ten Thousand Dollars ($10,000.00) per person, and Twenty Thousand Dollars ($20,000.00) per occurance on bodily injury. Contractor shall file certificates of insurance coverage with the City Secretary during the term of this contract and any extensions thereof. On all said insurance policies, the City of La Porte shall be named as an additional insured. X. INDEPENDENT CONTRACTOR It is expressly agreed and understood by all parties hereto that Contractor is an independent contractor in his relationship to the City of La Porte. Nothing herein contained at any time or in any manner shall be construed to (1) effect an agreement of partnership or joint venture or (2) render any party hereto the employer or master of any other party and/or its employees, agents or representatives. • -~- I -8- XI. INDEMNIFICATION AND ASSUMPTION OF LIABILITY Contractor covenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend, the City of La Porte, its agents, servants or employees, from and against any and all claims for damages or injuries 'to persons or property of whatsoever kind or character, whether real or asserted, arising out of or incident to the operation of its emergency ambulance service and all other of its operations • arising under of otherwise incident to the provisions of this con- tract; and Contractor hereby assumes all liability and responsibility for injuries, claims or suits for damages to persons or property, of whatever kind or character, whether real or asserted, occurring during the term of this agreement, arising out of or by reason of the operation of its emergency ambulance service and all other of its operations arising under or otherwise incident to the provisions of this contract. XII. REVOCATION OF CONTRACT The City Council reserves the right to cancel this contract in • the event the services performed by Contractor hereunder are un- satisfactory in the judgment of the City Council. This contract shall be subject to a semi-annual review by the City Council which may, where it deems it necessary, recommend modifications. Modi- fications or cancellation shall not be ordered by the City Council without an opportunity for hearing by the Contractor. Cancellation for cause may be ordered by the City Council at any time during the . life of the contract. lg ! • -9- ,~ XIII. SERVICE OUTSIDE CITY Contractor's primary obligation hereunder is to serve the area described as the corporate limits of the City of La Porte, plus the area within the City of La Porte's Battleground Industrial District and its Bayport Industrial District. Contractor, however, shall have the right and privilege to furnish ambulance service to other entities, including cities and water districts, within the bounda- • ries of the La Porte Independent School District; provided, that the basic level and quality of service to City and its Industrial Districts, as provided for herein, is not diminished. Contractor shall not enter into any contract with any such other city or water district, containing terms and provisions more favorable to any such city or water district, than those contained herein.. Without limiting the generality of the foregoing, it is expressly covenanted and agreed between the parties that in any such contract with other cities or water districts, the payment to Contractor thereunder, on a per capita basis, based on the population of such other city or water district, based on the most recent Federal census, shall not be less than the current per capita payment by City of La Porte to • Contractor hereunder, based upon its population, based upon the most recent Federal census. Contractor shall be entitled to retain reve- nues received under such other contracts. Contractor shall charge its usual and customary fees for such service within such other cities and entities, which fees shall not be less than those pre- scribed hereunder. Contractor shall file a copy of any such other agreement with the City, within fifteen (15) days of the execution thereof. .~ 9 ~ ~ -10- XIV. ADVANCE PAYMENTS BY CITY City shall make an advance payment to Contractor on July 1, 1981, of Sixty One Thousand Nine Hundred Twelve ($61,912.00) Dollars, comprised of Nineteen Thousand One Hundred Twelve ($19,112.00) Dollars for services for August and September, 1981, and the remainder of Forty Two Thousand Eight Hundred ($42,800.00) Dollars as an advance for capital expenditures by the Corporation. City may offset and • deduct from its monthly payments hereunder from time to time during the contract term, the amount of its monthly debt service amorti- zation on its capital advances to Contractor. XV. i • ~ ~o ~ ! • -11- EXECUTED IN DUPLICATE ORIGINALS, as of this the day of 1983. CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: • City Secretary APPROVED: City Attorney LA PORTE AREA EMERGENCY CORPS • By President ATTEST: Secretary ~' `~ • • -12- THE STATE OF TEXAS § COUIJTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared VIRGINIA CLINE, Mayor of the CITY OF LA PORTE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. • GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of A. D. 1983 . THE STATE OF TEXAS § COUNTY OF HARRIS § Notary Public in and for the State of Texas BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared President of LA PORTE AREA EMERGENCY • CORPS, a Texas non-profit corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of A. D. 1983. Notary Public in and for the State of Texas n LJ • • v • Eex e'i5 LE ~eric, Texc~ 775?1 The following is a proposal for itemising rates and charges: BASE P,ATE------------------------ T•9ILEAGE-------------------------- OKYGEN THERAPY'------------------- OBSTETRICAL --------------------- BURN PACK------------------------ BANDAGE PACK--------------------- E.K.G. 1•iONITOR------------------- INTRAVENOUS THERAPY-------------- ENDOTRACHEAL INTUBATION---------- ESOPHOGEAL O~TUF.ATOR AI R1~'A1'- - - --- - INSTA-GLUC~SE-------------------- POISON KIT----------------------- ICE PACK------------------------- SUCTION THERAPY------------------ E};TRICATION PACE----------------- C.P.R. -------------------------- Response/Dispatch fee------------ 50.00 2.00 per mile 15.00 15.00 20.00 10.00 15.00 25.00 15.00 40.00 5.00 s.oo 2.50 15.00 30.00 60.00 25.00 EXHIBIT "B" (Page 1 of 1) 4-6-b3 ~" l`( _ • .. - Eoz X15 LE Porfe, Texcs i 757 • 1• EXAMPLE OF CURRENT AND PP.OP05ED CHARGES FOP, SEP.I'ICE IN T~iE CITY: ..~ EXAMPLE ~1. John Q. Public has abdominal pains and 1,tants transportation to Pasadena Ba}'shore Hospital. No treatment is rendered at the scene Total Charges-------65.OD Jane Q. Public is involved in a major accident on highway 225. Treatment at the scene~is Extrication using various splints,cervical collars, and backboards: After loading the patient and bandages have been placed we start airway management, I.V. management, and E.K.G. readings. ti4hile transporting the patient to Pasadena Bayshore we start C.P.R, to revive the patient. Total Charges-------65.00 Proposed charges for John Q. Public would be: Ease rate 50.00 Piileage (Approx.) 30.00 @ 2.00 a mile Total charges ~O.~p Proposed charges for Jane Q. Public i,ould be: Base rate 50.00 mileage 30.00 Extrication pack 30.00 Bandage pack 10.00 C.P.R. 60.00 1 U. U EXHIBIT "B" (Page 2 of 2) ~``~ • • - CITY OF LA PORTS MENB~RANDUM DATE OF MEETING : May 18 , 19 8 3 AGENDA ITEtrI: ~~ 14 ORIGINATED BY: Jack Owen PROJECT SUNflKARY: ALease-purchase through one of the banks has been planned for the purchase of the aerial fire,,. truck ordered in 1981 FISCAL SUMMARY: Amount of note - $341,790.00 Purchase price, aerial fire truck - $341,790.00 • ACTION REQUIRED: Approve Resolution 83-9 authorizing Mayor to execute promissory note ALTERNATIVES: RECOP~NL~ATION EXHIBITS: SUBMITTER: Recommend approval Memo, Resolution and promissory note Jack Owen /! • • MEMORANDUM May 12, 1983 T0: Mayor and City Council FROM: Jack Owen SUBJECT: Lease-Purchase for Aerial Fire Truck First City Bank and Bayshore National Bank .were contacted for interest rate quotes for the lease-purchase of the aerial fire truck. First City quoted a floating rate of 627 of prime and a fixed rate of 8.75;. Bayshore National quoted a fixed rate of 7.57. I recommend the fixed rate of 7.5~ quoted by Bayshore National Bank. ack Owen JO/cb • • • • RESOLUTION N0. 83-9 A RESOLUTION AUTHORIZING THE CITY OF LA PORTE TO BORROW THE SUM OF THREE HUNDRED FORTY-ONE THOUSAND SEVEN HUNDRED NINETY AND NO/100 DOLLARS ($341,790.00), FOR THE PURCHASE OF A SUTPHEN CORPORATION AERIAL TOWER FIRE FIGHTING APPARATUS, WHICH PROMISSORY NOTE SHALL BE ISSUED UNDER THE AUTHORITY OF THE TEXAS PUBLIC PROPERTY FINANCE ACT, AND SHALL BE SECURED BY THE FULL FAITH AND CREDIT OF THE CITY OF LA PORTE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the City Council of the City of La Porte deems it necessary, useful and appropriate to one or more of its purposes to purchase a Sutphen Corporation aerial tower fire fighting apparatus, for a price of THREE HUNDRED FORTY-ONE THOUSAND SEVEN HUNDRED NINETY • AND NO/100 DOLLARS ($341,790.00), and to finance the purchase and acquisition of same under the provisions of the Texas Public Property Finance Act, Article 2368a.2, Revised Civil Statutes. Section 2. That the Mayor be authorized to issue a Promissory Note of the City (a true and correct copy of which is attached here- to as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes), dated May 18, 1983, in the principal sum of THREE HUNDRED FORTY-ONE THOUSAND SEVEN HUNDRED NINETY AND NO/100 DOLLARS ($341,790.00), to bear interest at the rate of seven and one- half per cent (7-1/2~) per annum until maturity, providing for ten per cent (10$) per annum interest on matured unpaid principal and interest from date of maturity until paid, and ten per cent (10~) • attorney's fees if placed in the hands of an attorney for collection, such note to be due and payable in 12 equal quarter-annual install- ments of principal, plus interest as provided therein; said note to retain for the City of La Porte the continuing right to terminate said Promissory Note without penalty at the expiration of each City of La Porte budget period, i.e., on September 30 of each year, by • the payment of the full principal balance and all accrued interest thereon; and that said note be sold by the City of La Porte to Bayshore National Bank of La Porte, at not less than par value. T~ • • • • Resolution No. 83-9, Page 2. When such note has been duly executed by the Mayor, and attested by the City Secretary, and delivered to said bank, with a certified copy of this Resolution, such indebtedness thereby evidenced shall be fully binding upon the City of La Porte; and BE IT FURTHER RESOLVED that the City of La Porte hereby appro- priates and sets aside sufficient sums to amortize the principal and interest on said Promissory Note, as the same becomes due and payable, and that said Promissory Note shall be secured by the full faith and credit of the City of La Porte. BE IT FURTHER RESOLVED, the City Council of the City of La Porte 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 of the City of La Porte was posted at a place convenient to the public at the City Hall, City of La Porte, La Porte, Texas, 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 resolution and the subject matter thereof has been discussed, considered and formally acted upon. .The City Council of the City of La Porte further ratifies, approves and confirms such written notice and the contents and posting thereof . AND IT IS SO ORDERED. PASSED AND APPROVED this the 18th day of May, 1983. • CITY OF LA PORTE By Virginia Cline, Mayor J~ i • Resolution No. 83-9, Page 3. ATTEST: City Secretary • APPROVED: Ci y Attorney • • • j5 • • THE STATE OF TEXAS § COUNTY OF HARRIS § I hereby certify that the above and foregoing is a true and correct copy of a Resolution, passed and approved by the City Council of the City of La Porte, at its regular meeting held on the 18th day of May, 1983, at which meeting a majority of the City Council was present and voted in favor of the passage of said Resolution, and • notice of which meeting was properly posted according to law, prior to the date of such meeting, as said Resolution appears on record in the minutes of said meeting, to certify which witness my hand and seal of office this the 18th day of May, 1983. City Secretary (SEAL) C • ~~ ~ • • CITY OF LA PORTE La Porte, Texas PROMISSORY NOTE $341,790.00 La Porte, Harris County, Texas May 18, 1983 For value received, the CITY OF LA PORTE, a municipal corporation, Harris County, Texas, does hereby promise to pay to the order of BAYSHORE NATIONAL BANK OF LA PORTE, at its banking offices in the City of La Porte, Harris County, Texas, the sum of THREE HUNDRED FORTY-ONE THOUSAND SEVEN HUNDRED NINETY AND NO/100 DOLLARS ($341,790.00), in • legal and lawful money of the United States of America, with interest thereon from date hereof until maturity at the rate of seven and one- half per cent (7-1/2~) per annum; the interest payable with principal; matured unpaid principal and interest shall bear interest at the rate of ten per cent (10$) per annum from date of maturity until paid. This note is due and payable as follows, to-wit: In 12 equal quarter-annual installments of principal in the sum of TWENTY-EIGHT. THOUSAND FOUR HUNDRED EIGHTY-TWO AND 50/100 DOLLARS ($28,482.50) each, plus interest at the rate of seven and one-half per cent (7-1/2$) per annum on the unpaid balance of principal, the first of such quarter-annual installments of principal, plus interest, to be due and payable on or before October 1, 1983, and a like quarter-annual installment of • principal, plus interest, being due and payable on or before the 1st day of each January, April, July, and October thereafter, ' until the full principal balance, and all interest due thereon, shall have been fully and finally paid. The City Council of the City of La Porte retains the continuing right to terminate this Promissory Note without penalty at the expir- ation of each City of La Porte budget period, i.e., on September 30 • of each year, by the payment of the full principal balance and all accrued interest hereon. EXHIBIT "A" Page 1 of 3 ~~ • • -2- In the event default is made in the prompt payment of this note when due or declared due, and the same is placed in the hands of an attorney for collection, or suit is brought on same, or the same is collected through Bankruptcy or other judicial proceedings, then the makers agree and promise to pay ten per cent (10~) additional on the amount of principal and interest then owing, as attorney's fees. Each maker, surety and endorser of this note expressly waives all notices, demands for payment, presentations for payment, notices of intention to accelerate the maturity, protest and notice of pro- test, as to this note, and as to each, every and all installments • hereof. This Promissory Note is issued under the authority of the Texas Public Property Finance Act, Article 2368a.2, Revised Civil Statutes of Texas. The proceeds of this note represents funds advanced by Bayshore National Bank of La Porte, at the special instance and request of the City of La Porte, a municipal corporation, to finance the purchase by the City of La Porte of a Sutphen Corporation aerial tower fire fighting apparatus. Payment hereof is secured by f unds and taxes available to the City of La Porte for its public purposes, and this Promissory Note is further secured by the full faith and credit of the City of La Porte, a municipal corporation. A certified copy of the Resolution author- • izing the borrowing of the sum of THREE HUNDRED FORTY-ONE THOUSAND SEVEN HUNDRED NINETY AND NO/100 DOLLARS ($341,790.00), and the issu- ance of this Promissory Note, is hereto attached. CITY OF LA PORTE By • Virginia Cline, Mayor EXHIBIT "A" Page 2 of 3 ~~ r~ L -3- • • • ATTEST: City Secretary APPROVED: r G~ t City Attorney EHXIBIT "A" Page 3 of 3 • ~~ t • DATE OF N~"ELNG: ~ '/~'~.~ AGENDA ITII~I: ~ /S CITY OF LA PORTS MEN%JRANDUM • ORIGINATED BY: Bob Graf, Data Processor PROJECT SUMMARY: ~2nsta1lation of a~ .5 Ton A/C Unit ~ in the Data 'Processing. Robm by.Arvell Moore;~A/C and Heating Co. FISCAL SUMMARY: $'4, 775.30 for complete installation--One year warranty on~parts and labor and five years on Compressor. • ACTION REQUIRED: Okay low bid -work will be completed within ten .days. ALTERNATIVES: None RECAI~R~NDATION: Accept the low bid of $4,775.30 by Arvel Moore A/C and Heating Co. for.the.installation of a five (5) Ton A/C Unit to satisfy the needs of the Data Processing Room. EXE-IIBITS: Addendum Bid #0007 (attached) S[JEi~ITTLR: Jackson Ray • ~, _ _._ CITY OF Lll FORTE IDiTBA-OFFICE !l~lD1tANDtM SUSJEC?= Bid 0004: Five (5) ton A/C unit for Data Processing Room ?O: B. Graff. B Herrera FROMs J. Ra May 10, 1983 Advertised, sealed bid X0004 for the purchase of a five (5) ton A/C uait for the Data Processing Room were opened and read in the Council Chambers at 4:00 PM on May 9. 1983. Bid invitations were sent to six local sir- conditioning contractors. Bids were received from the following local vendors: (1) Greens• A/C and Heating -$4875.00 (2) Arvell Moore, A/C and Heating -$4775.30 Upon installation this unit will be required to provide an operating environment of 65°- 75° F. at 40X - SOX relative humidity in the Data Processing Room. Data General has specified the aforementioned temperature and humidity ranges to ensure proper operation of the computer and its peripheral hardware. ' The low bid of $4775.30 was submitted by Arvell Moore A/C and Heating on • a Climatrol five (5) ton package unit installed to the City of La Porte's specifications. The Climatrol Model /935-7-60H-00 exceeds the specifications established by the Purchasing Division in both E.E.R rating and total cooling capacity. Warranty provisioas on the unit are; (1) one year on all parts and labor. (2) five yesis on the compressor, and (3) two years on all roof penetrations necessary for installation. I hereby recommend accepting the low bid of $4775.30 by Arvell Moore A/C and Heating Co. for the installation of a.five (S) ton A/C unit to satisfy the needs of the Data Processing Room. Should you have any questions regarding this recommendation please advise. JR/ j r Attachment cc: J. Owen • Ism: Complete install 1 Greens' A/C ation of a five-ton a/c A/C + Heating unit for the Data + Heating. Processing Room. • s' Bid #0004 * 1. Five-ton hi h efficienc 4775.30 4875.00 condensing unit, ducting, Complete Complete thermostat, humidifier, - - humidistat and air distri- - - button system. - - 2. Completion time in days. 4 - 10 day S days 3._ W r One year on arts and One year o arts and _.._ labor. Five ears on labor. Denotes low id. Compressor. •-_. _-- _\__ ~,-, ,, .,~ • • ADDENDUM* May 11, 1983 Bid #0007 "25 KVA Transformer and Ancillary Electrical Work" Item: Delete reference to "step down" transformer. Insert "constant voltage" in description. 1. Delete reference to a "60 amp circuit breaker" on supply side of panel. Install 60 amp breaker in panel instead. 2. Grounding electrode will be installed in close proximity to existing building system ground. Present ground is located in service access near mechanical room. 3. See Diagram "A": Delete blower circuit from A/C line, A/C unit will be a package unit. Delete three (3) X12 wires from existing mechanical room panel to NEMA 3r disconnect on A/C curcuit. Signature of Officer * This addendum should be returned by all bidders interested in Alternate Bid ~1 or Alternate Bid #2. Material only bids will not be subject to this addendum. • DATE OF MEETIl~TG: May 18, 1983 AAA ~~ Change Order #1 - 12" Waterline Extension to Trammel Crow Distribution Corp. ORIGIlVATID BY: John Joerns PROJECT SUN~IARY: Addition of various fittings and 8" gate valve and box for future extension to serve Fish Engineering property. This change order requested and paid for by Fish Engineering. FISCAL SUN~IARY: Total addition to .contract of X845.20. Check has been received from Fish Engineering to cover total costs. There is no cost to the City of La Porte. • ACTION REQUIRED: Approval of Change Order #1 ALTERNATIVES: RECOPM'IENDATION: Approve Change Order #1 EXHIBITS: Change Order #1 S[JBMITI'ER: John Joerns . • i~ ~. CHANGE ORDER Dated , .1 March,, 1983, • No. .. 1...... OWNER'S Project No . ....................... ENGINEER'S Project No. 1449-81 ... , Project ,Water Line Extension, Underwood Road, North "L" St to Hwy. 225. CONTRACTOR., Sabine Consolidated, Inc., Port Arthur, Texas .. _.. . Contract For~aZ~r I+ITLe. Ext~riS3.Q~. , , , , , , , , , , , Contract Date ..?$ January,. 1983.. _ ... .. . To: ,.Sabine Consolidated, Inc., P. 0: Box 3676, Port Arthur, Texas 77640 - CONTRACTOR You are directed to maize the changes noted below in the subject Contract: City of La Porte, Texas • OWNER - -- By .. . ~4~ .~ s'~-~„~ ......... . J k Owens, City l!ianager Dated .March, .1983.. ....... , l9....... . Nature of the Changes Add the following appurtenances at approximately Sta. 13 t 50 Quantity Item No. Descriprion Unit Price Amount - u .. 1 ea. 8 12" x 8" CI Tee(405i/~) $1600.00/T $ 324.00 1 ea. 6 8" Gate Valve & Box 350.00 350.00 Enclosures: 16 l.f. 3 8" A.C.(AWWA,C-400,C1 150) 9.45 151.20 I: ea, 8 8" 1?1ngt~s~1•~ t inn 00 0 0 Total $ 845.20 These changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order ~ 249, 722.75 Net (Increase)~~ Resulting from this Change Order S 845. • ..... ~Q........... Current Contract Price Including This Change Order $ , , ~,5Q,5C?7, 95 'v'SPE•ACEC 1910-8-B (1978 Edition) O 19'8. \Shur.al Souery of P~n(rssw-~~ Erpnrcrs ~. _ ___ ~ _ ~- .~,-. • Contract Time Prior to This Change Order ...... "...... ....... ............. . 90 days , .... . . • .................... (Days or Date) ............ . Net (Increase) (Decrease) Resulting from This Change Order . . p . (Days) Current Contract Time Including This Change Order .............................. gp . da s - (Days or Date)y The Above Changes Are Approved: H. Car~p~, Sm~.th-~mgi.ueers . & : Surveyo s, .Inc... . E 1NEER BY .. .. .. ... .... ...... H. Carlos Smith, P.E., President Date...........1 March.......... ,19.83.. The Above Changes Are Accepted: .....Sabine. Consolidated, .Inc.......... . CONTRACTOR Y .. By ... ..... .........~ ........_ Date .....~~~ ................. . 19.0!. • • • • • T DATE OF MEE'TIlVG: May 18, 1983 AGENDA ITEM: Change Orders #2 and #3 - 12" Waterline Extension to Trammell Crow Distribution Corporation ORIGIlVATID BY: John Joerns PROJECT SLlNfl~1ARY: Change orders #2 and #3 are a result of extra work ordered by the City of La Porte. The work consists of investigation and reconstruction of the 12" x 12" waterline connection at North "L "Street. The intent of this extra work was to clean up the extremely crowded conditions of the utilities at North "L" Street and Underwood Road. FISCAL SUNA?ARY: Additional cost to the contract is $3,369.O6.and is the responsi- bility of the City of La Porte. The appropriated funds included a construction contingency which will cover the additional costs. CITY OF LA PORTS N~~JRANDUM . ACTION REQUIRED: Approval of Change Orders #2 and #3 ALTERNATIVES: RECC~TDATION: Approve Change Orders #2 and #3 EXHIBITS: Change Orders #2 and #3 sUS~TI~: John Joerns OR'NER's Project No ........................ ENCINEER's Project No. .1.4.49-81.............. Project WateE, ~~.~~,~x~enaion; Underwood, Road,,, North, "L" St to Hwy. 225 "' CONTRACTOR ...,,Sabine Consolidated,. Inc:, Port Arthur, Texas ...................... Contract For ,Water Line Extension , , , , , , Contract Date 28 January, 1983 , ........... To: Sabre, ~ottSQ~~d~t~d ~ .ZAP •. a. P., 0.., box, X676, ,Port ,Arthur, Texas. 77640, , , , , , , , , , , , , , , CONTRACTOR You are directed to mai;e the changes noted below in the subject Contract: - • City of La Porte 011N ER By ... .. ................... Jack Owen, City Manager Dated ,10 May, 1983.,. ...,,,, 19........ Nature of the Changes Enclosures: Uncover and invistigate the condition and location of existing water lines, fittings and valves at the proposed tie in to existing 12" water line at Underwood Road and North "H" St. These c}ranges result iri the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order S , , ,250, 567-. 95. , - - - - - - • \et (Increase) ~~tXtl~Xs'~ Resulting from this Change Order $ .. , , ,1.,.100..6.7. Current Contract Price Including Phis Change Order ~ , , ,251-,668,.62, , - - , , , , , , , \S}'E-ACEC 1910'-B (1978 Edition) P~n4e~i,~r:1 EcF;nrtn Contract Time Prior to This Change Order ....... ,. ......................... •90•days....... (Dsys or Date) Net (Increase) (E~~ Resulting from This Change Order ....................... 3 days • • , • • • • • . •(Dsya) ' • Current Contract Time Including This Change Order ............ . ............. .93•days........... (Days or Date). . The Above Changes Are Approved: H : Carlos_ Smith-En ineers & • g. . ~~rY@Y9~'S a , Z~c . ENG EER y .. ... H. Carlos Smith, P.E., president..... Date ...1Q May.,. 1983 .............. . 19..... - --- The Above Changes Are Accepted: Sabine Consolidated, Inc;. _ _ cortrRwcroR ~ ` ~ ~ ~ ~ " " " :;~:: ay ....................................~.~ Date ............:.............. .19..... • • • ~ ~ CHANGE ORDER Dated 10 ,1!~ay,; ,1983 , , , No. .3....... Ow'NER's Project No ........................ ENGINEER'S Project No. 1449-81, , , , , . , , , , , , , , , , Project Water, Line, Extensions .Underwood Road,, North, :'L" St. to Hwy. 225 CONTRACTOR „ .Sabine.Consolidated, Inc_,.Port.Arthur, Texas ..-..•..•...•...••.•••••. Contract For Water. Line.Extensian ........... Contract Date .~$ January,,, 1983, , , , , , , , , , , , , , To: .Sabine Consolidated, Inc:, P. 0. Box 3676, Port Arthur, Texas 77640 CONTRACTOR You are directed to maize the changes noted below in the subject Contract: • City of La Porte OWNER By .. .... .. .................. --- Jack Owen, City Manager Dated ..... ,10 May ,. 1983...... , 19....... . Nature of the Changes • Retnove existing blocking and 12" ell, shorten pipe between valve and set new 12" tee, reset existing 12" valve, install new thrust blocking, backfill and clean-up. Enclosures: Thzse changes result in the follo~•ing adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order ~ ......251•,•66&.b•2• • • • • .. . \'et (Increase) fie) Resulting from this Change Oder S 2, 268.39 Current Contract Price including This Change Order 253,937.01 1SPE•:aCEC 1910S-B (197S Edition) Ro/rwor~; Ecgaeers Contract Time Prior to This Change Order ................................. .. . . . . 93 days _ .." (Days or Date) Net (Increase) (Decrease) Resulting from This Change Order ....................... . . . . . 3 days ... • .(Days) Current Contract Time Including This Change Order ............................. . . . .96 days. _ ..... . (Days of Date) The Above Changes Are Approved: ~:. ~~1-195 . S1D~th-Trngln~~zs .& .Suacv~ey~ors.,. Inc . • i%'V I ENG NEER ~~~,, ' B ..... ~ .Cr't~r'~ ... ......../ _ y ~''iL,/i~ ~i~ ... .. . H. Carlos Smith, P.E., President Date .......10 .MaX, .1983......... , 19..... - _ The Above Changes Are Accepted: .Sabine. Consolidated, .Lne ............... CONTRACTOR ay .......:............................~_- Date .................. ......... .19..... ,.~ • r~ U