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HomeMy WebLinkAbout1984-05-02 Regular Meeting (2)P • • • MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL MAY 2, 1984 1. The meeting was called to order by Mayor Cline at 7:00 P.M. Members of City Council Present: Mayor Virginia Cline, Councilpersons Lindsay Pfeiffer, Deotis Gay,~B. Don Skelton, Linda Westergren, Norman Malone, John Longley, Ed Matuszak, Kevin Graves Members of .City Council Abse$~t: None Members of City Staff Presents City Manager Jack Owen, Assis- tant City Attorney John Armstrong, City Secretary Cherie Black, Director of Administrative Services Bob Herrera, Director of Parks & Recreation Stan Sherwood, Purchasing Agent Jackson Ray, Police Chief Herb Freeman, Assistant Director of Public Works Luther Maxey, Assistant Fire~Chief John Dunham Others Present: J. R: Ensmi~ger; Lynn Gaines; Bob Vitto; mem- • bers of the Ambulance Board;~Frank Marino of Turner Collie & Braden; Arlene Arends, BayshQre Sun-Broadcaster; Sherri Carver, Baytown Sun; 10 citizens 2. The invocation was given by Councilperson Malone. 3. Council considered approving the minutes of the special called meeting held April 11, 1984., i Motion was made. _b~ Councilper•; son Skelton to approve the minutes of the April 11 meeting as presented.- Second. by Councilperson Pfeiffer. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Pfeiffer, Gay, Skelton, Westergren, Malone, Longley, Matuszak, Gravers and Mayor Cline Nays: None 4. Council considered approving the minutes of the regular meeting held April 18, 1984. Motion was made by Councilperson Malone to approve the minutes of the April 18 meeting as presented. Second by Councilperson Long ey. The motion carried, 9 ayes, 0 nays.. • -_ Ayes: Councilpersons Pfeiffer, Gay, Skelton, Westergren, Malone, Longley, Matuszak, Graves and Mayor Cline Nays: None r • Minutes, Regular Meeting La Porte City Council May 2, 1984, Page 2 5. Mayor Cline proclaimed May 8, 1984, as "Retired Senior Volunteer Program Recognition Day". Mr. J. R. Ensminger accepted the proclamation. 6. May 6 through 12, 1984, was proclaimed by Mayor Cline as "Hospital Week". Lynn Gaines and Ben Vitto of.Beltway Hospital were present to accept the proclamation. 7. Mayor Cline proclaimed May 11, 1984, as "La Porte Community Night" at the Astrodome. Stan Sherwood, Director of the Parks & Recreation Department, accepted the proclamation and urged participation of the public at this event. 8. Mayor Cline asked for anyone having bids for cleaning, tele- vision inspection and point repairs for portions of sanitary sewer collection system for the City of La Porte EPA Project Number C-481176=03-0, to please submit them at this time. There were none; opening of bids that~had been received in the City Secretary's office were then presented. • The City Secretary opened the bids, which were then read by Frank Marino of Turner Collie & Braden, Inc., as follows: (1) Reliance Construction, Inc., of Houston - $313,981.50 (2) Channel Construction Co., Inc., of Channelview - $329,620.00 (3) Baytown Construction, Inc., of Beaumont - $129,325.50 Mr. Marino will tabulate the bids and present them to Council. 9. Council considered the request of the Ambulance Service for new units. Mayor Cline read a letter from the Board of Directors and officers of the ambulance service recommending the approval by Council of the purchase of three new, 1984, ambulances described in proposition l; that the City of ~La Porde endorse the incurrence of additional debt to~~purchase these vehicles on behalf of the~La Porte Area Emergency Corps; that this debt be for three years and incorporate the debt currently outstanding on Unit #502, for a total of $81,000. Motion was made by Councilperson Gay to approve the request of the Ambulance Service for new units.' Second y Council- . person Graves. The motion carried, 9 ayes, 0 nays. IaRECKER INFOP.MATION LJ BAYTOWN DEERPARK PASADENA Normal tow- Not to exceed $ 45.00 $ 45.00 $ 35.00 Transfer ~~ 20.00 15.00 15.00 Disconnect drive train ~~ 20.00 10.00 15.00 ~~ Replace Tire 5.00 ea ----- Dolly Tow ~~ 65.00 25.00 ----- Ditch Pull ~~ 20.00 20.00 15.00 Overturned ~~ 20.00 25.00 ---- Motorcycle ~~ 65.00 25.00 ---- Storage 4.00 day '.4.00 day +3.00 day (after 48 Hrs.) (after 48 h ~~ Heavy Duty ---- *42.50 45.00 Insurance 10-20-10 100-300-50 10-20-5 Permits Required Yes Yes Last Update Feb-84 032582 1978 *Time begins when wrecker is called and ends when delivered within city limits. If vehicle 5 ton + $50.00 Per hour. :~ • • Minutes, Regular Meeting La Porte City Council May 2, 1984, Page 3 Ayes: Councilpersons Pfeiffer, Gay, Skelton, Westergren, Malone, Longley, Matuszak, G"raves and Mayor Cline Nays: None 10. Council considered adopting an updated wrecker ordinance. After lengthy discussion and suggested changes by Council members, motion was made `by Councilperson Pfeiffer to table this item for further study. Second by Councilperson Matuszak. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Pfeiffer, Gay, Skelton, Westergren, Malone, Longley, Matuszak, Graves and Mayor Cline Nays: None It was suggested by Mayor Cline that a draft copy be given Council as soon as possible so they would have sufficient time to s tudy i t . Councilperson Malone requested Council be given a copy of the existing ordinance for comparison purposes. 11. Council considered awarding an annual contract for assorted garage supplies. Motion was made by ~Councilperson _Skelton~to approve staff's recommendation and award bulk products,~Section I, to Jones Oil Company, and garage supplies, Section II, to Chickering Oil Company. Second by Councilperson Matuszak. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Pfeiffer, Gay, Skelton, Westergren, Malone, Longley, Matuszak, Graves and'-Mayor Cline Nays: None 12. Council considered replacement of a the fence wall destroyed during emergency sewer main repairs. After discussion, motion was made by.Councilperson Westergren to go out for bids to replace the the fence:wall destroyed during emergency sewer main repair and allocate $8,500 from the water and sewer contingency fund. Second by Councilperson Pfeiffer. The motion carried, 8 ayes, 1 nay. Ayes: Councilpersons Pfeiffer, Gay, Skelton, Westergren, Malone, Longley, Graves and Mayor Cline O Nays: Councilperson Matuszak Minutes, .Regular Meeting • La Porte City Council May 2, 1984, Page 4 U 13. Council considered awarding a bid for a continuous forms detacher. Motion was made by Councilperson Westeraren to accept staff's recommendation and award the bid for a continuous forms detacher to Moore Business Forms in Alvin in the amount of $4,081.85. Second by Councilperson Matuszak. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Pfeiffer, Gay, Skelton, Westergren, .Malone, Longley, Matuszak, Graves and Mayor Cline Nays: None 14. Administrative Reports Mr. Owen requested a short executive session on personnel. 15. Council Action Pfeiffer: There are big blue containers in various parts~of the City that are sitting at the edge of the pavement. Would • like to see them moved back some. On 8th Street there are boats sitting at the edge of the road and are a~hazard to traffic . G_~: Thanks to Mr. Sherwood and city staff for their efforts Sylvan Beach Day.. Thanks also to Mr. and Mrs. Scott and the Emergency .Corps that were down at the beach for their services. Thanks to all those who came out. Skelton: Believes the blue containers out. at Park and San Jacinto belong to a private concern, not the City. Requested that Council authorize the staff to have engineering work done for the concrete sidewalk on G Street from Broadway to San Jacinto and recommends that Carlos Smith .go ahead and start on it so we can get it done before summer is over so the kids can use it. They are walking out ~in the street and it is extremely dangerous - someone's going to get run over if we don't get that sidewalk in there. Westergren: Thanks to staff for the float provided to Council on Saturday. Enjoyed it very much, and appreciates the work . staff does getting it ready every year. Concerned with containers also. The big problem with the place • on 8th Street with the boats, is the containers. They are in the City's right-of-way, and it isn't a good place~to have those containers, especially when they block the view. There's • C Minutes, Regular Meeting La Porte City Council May 2, 1984, Page 5 C also one over on Second and G that is right on the hard sur- face edge. We need to evaluate if those people really need those containers if they can't move them out of the right- of-way. If someone hits one of them, what's our liability? (Asst. City Attorney answered the City would be liable.) We need to take some action on these containers. Malone: Thanks to Stan and staff for building such a nice float, getting the uniforms and making all the arrangements. The County poured an asphalt bike and walk path down L Street several years ago. It has grown over with grass and the kids are having to walk on the street. Can staff check with the County on getting this cleaned up. Longley: Enjoyed Sylvan Beach and being in the parade. Would like to request Mr. Owen, in his budget work, to include the ambulance service as a part of the City department for Council's consideration. • Matuszak: Thanks to Stan. The "sing-a-thon" helped in our not winning a trophy. Thanks to Public Works for fixing and turning the. water on on a fire hydrant on the other side of the ditch in Fairmont Park. Hopes Council continues the cooperative atmosphere it's had i~n the past year. Graves: Thanks to colleagues on Council for appzovi,ng the new ambulances. Spoke with the gentleman who lives on Merry Lane in the Lomax area, and he would appreciate any.help he can get reducing the speed limit out there, as the gentleman is confined to a wheel chair and the cars really are going fast. The man has a "go cart" type~wheel~chair and gets on the road with it, and it is dangerous for him. Understands there are signs that could be put up like in Fairmont Park area warning drivers there is a handicapped person in the neighborhood. . Owen: We are working on a speed zone ordinance at this time,. but it will be quite awhile before it is completed. Will take a look at that situation and see what's warranted. • Cline: In reading report from the fire department on fires .around, I think it might behoove the fire department and staff to check some of the side streets. Thinks some culvert pipes have been put in on some of the~side~streets and maybe there is a shorter route to a fire hydrant than th~e~route~they have had to take. I I Minutes, Regular Meeting La Porte City Council • May 2, 1984, Page 6 14. Council retired into executive session at 8:12 P:M. and returned to the Council table at 9:01 P.M. 15. There being no further business to be brought before the Council, the meeting was duly adjourned at y:01.30 P.M. Respectfully submitted: Cherie Black City Secretary Pas d & Approved this the 16t day of May, 1984 ~~~~~ ~~~ Vi~inia Cline, Mayor • i 0 ice o the AYOR ~' f M •. 'l~F LAp~~ .0~ 4~~~ • • • 'I'~' CITY OF ;~.. LA POR,TE '4f c~...:i~l ~ move than 230, 000 fla~v~i,a Caunty ne~~.denta ane 65 yeana ab age an a.2de~c w~.th ~ri.ch yea~rb a~ pnomi~se a~,ce,2 begone them and many a~ ouJc a.~deJc citi.zen~i have g~.ven and can~,i.nue to give • the.vc best to Nalvri,a County through the Retih.ed Senian Vo.P.ccnteen Pnagnam; and WHEREAS, Retviced Sen.ian Va.Cunteen Program Recogn.iti.an Day .ins a tlme fan a~ La Pan~,ian~ to renew the necogn~ct,%on, the ne,~pect and the act~.ve conceJcn wh~.ch pnopeUr,~y be.~ongb to aun a.~den aiti.zenis and to acfznow~edge that most a.eden pensav~ are not mere an-.~oakena .cn our daai.ety, but .that .they nema~.n v.cta2, velwati,2e and h.cgh.2y valued can~iu.buta~ to the ~ua.~ity o~ aun City' b ~b e; and WHEREAS, ac~i.ona on behae5 ob our a.2de~c. ci #,i.zen~5 ~shou.~d be de3.igned to knee and adb.cat ben~.on ccti.zen~5 ba that Whey may nema.in ac~,i.ve and .cnva.~ved .in ways o~ the.vc own chaa~~,ng; NOW, THEREi=ORE, I, VIRGINIA CLINE, 44AyOR oU the C.cty o~ La Pa~rte, do hereby pnaceai,m Tuebday, May 8, 1984, as RETIRED SENIOR VOLUNTEER PROGRAM RECOGNITION DAy • .c.n. La Pante, Texas, and urge a.P.e La Pon~,ian~5 to ~o.cn me ~.n appnoptciaZe necognutc:an o~ awc Re,#,i~ced Seniors Va.Cunteena who annuaP,2y cantni,bu~e~ mane than 20, D00 hour throughout our community. VIRGINIA CLINE, 41Ay0R • ~-~ • • o ~e~ of the .MAYOR •~' ~ +pf lAp~~ c~~'~ ~'I~~' CITY OF ;: ,~ LA FORTE ~.. ~t*: May 6-12, 194, has been dea~.gna~ed Texan Hoapita.2 U-eefz by Manfz GJh,ite, Governor o~ Texab; and GIHI=RYAS, the theme fan the eeEebna~,i,an dwri.ng ~h.ia d pec,ia,e weeFz .id • "Texans - Gle'ne the Caning K,c.nd"; anal UJHFRi:AS, xhe Na~,i,ana.~ Hoepcta.~ Glee~Z ca.cnci,de.~ w,i~h the Sate ee,~ebna- ~,%o n; and tUH~RFAS, the C.cty ~a~ La Ponce 1a.inb a.then eommuniti.eb ~hnoughou~ Texas and the nati,an ~.n paycng ~iri.bute ~a the ded,iea~ed habpctaE pno~ed- d.cana~ who pnav.c.de.~aFzi,Z~ed, eampa~sd.iona~e heakth. cane ~o our ci,#,i.zena. NOUI, TH~RRFOR~, I, VIRGINIA CLINE, MAYOR ab the C.cty o5 La Ponce, do hereby pnae.Zaixn May 6 ~lvcaugh 12, 19k4, as HOSPITAL (~~~K .c.n xh.e C.cty a~ La Pante, and urge a22 eiti.zena ~a ~a.Fte cagn~,zance o~ ~hi,b ev ent and ~a panti.ei.pa~e ~.ctting.~ y .cn .ct.~ a be envanee. IN WITNESS WHEREOF, I have heheu~,ta bed my hand and eau.eed the Sea~E ob the C.ct y o ~ La Pante ~o be a~ ~.ixed hene~o, ~hi,a the 2nd day a ~ May, 19 s4 . • -cJcgcvua. ne, a yan • • 0 ice of the ~/jAyQR • ' ~ ~,~ OF, ~ ~ Pa 6~: . A` CITY OF =~: f LA PORTS ~'•._ } I The Panfz,~ and Rec~cea~,i.an Depa~ct~nent b~u.ve~ ~a enea~e community .cnva.~vemen~ ~.n bub.cneb.aeb, ongan.iza~,i.an.~ and ci.#,i.zena; anal, • UJHEREAS, the Hau,a~on Ab~ic.oa w~i.?,e p.eay the Chi.caga Cu6b a~ ~h.e Ad~ica- dame on Frri.day, May 11 and the Pah.h.~s and Ree~cea~,i.on Depa~nen~ has made dpecia.~ atvcangemen,#~ fan nebenved aea~i,ng fan La Pante ac~,i,zen~s; and UIH~RFAS, on ~ha~ Wight ~h,e Mayon w.c,~ ~hnow out the b.~ca~ 6a.?,e and the La Pante Ntigh Schaa.2 cho.c~r. w.i,P,2 d.cng the Na~,i.ona~ A-ithem phi.on ~o the game; and, Glfi~R~AS, ~hi,s occa~s~.an pneden~ an oppon.~un.ity fan the cammun,ity ~a come ~oge~h.e~c and 6e necogn~.zed ~.n the Houd~on a~.ea; NOGl, TH~RFFOR~, 1, VIRGINIA CLINE, MAYOR o~ the C.cty a ~ La Polite, do hereby pnac2a.im the n.iJght a~ May 11, 1984, ab LA PORTS CDMMUNITy NIGfIT a~ ~h.e Ab~icadame, and ulcge ci~,izer-.d ~a pan~,i.cipa~e 6y a~,tend,i.ng the ba.P.2 game and buppanti,ng the cammun.ity. IN GIITN~SS UlHRRFOF, I have heneun~o ..ae~ my hand and caused the Sea.2 as ~h.e C.cty ~o be a~~~.xed hen.e~o, ~hi,a the 2nd day ob May, 1984. .clcg.cyrc.a C e, cyan E-~ I • • ORDINANCE NO. ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, "AUTO WRECKER AND TOWING VEHICLE"; REGULATING AUTO WRECKERS AND TOWING VEHICLES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OT THE CITY OF LA PORTE: Section 1. The Code of Ordinances, City of La Porte, is hereby amended by repealing Chapter 6, Section 6-1 through Section 6-26, both inclusive, thereof, and substituting therefore the following, to-wit: • ,~_~ i • Ordinance Page 2 Sec. 6-1. Definitions (a) Towing Vehicle. The term "towing vehicle," as used in this chapter, shall mean any automobile, truck, or other motor vehicle used for the purpose of towing, carrying, pushing, or otherwise transport- ing any motor vehicle which has collided with another motor vehicle or other object, or which has been wrecked or disabled in any manner, from one place to another for any purpose, including but not limited to the purpose of wrecking, storing, or repairing the vehicle, and does not appear at the scene of an accident where a vehicle has been disabled upon a public street or public place for the purpose or expectation of towing one of the vehicles from the scene. The term "towing vehicle" shall not be construed to include a service car or other vehicle not equipped with mechanical devices for transporting wrecked vehicles and not used for such purposes, such as service cars, equipped with compressed air containers and tools for repairing punctured tires or otherwise equipped with tools for performing minor repairs not involving towage or transportation of wrecked or disabled vehicles. (b) Auto Wrecker. The term "auto wrecker", as used in this chapter, shall mean a towing vehicle which may lawfully appear at the scene of an accident where a vehicle has collided with another vehicle or other object or which has been wrecked or disabled in any manner for the purpose or expectation of towing, removing or hauling away • the wrecked vehicle or vehicles from the scene of the accident without having been expressly summoned there by the police department or the owner of one of the vehicles involved~in the accident. (c) Person. The term person shall include both singular and plural and shall mean and include any individual, firm, corporation, association or partnership. (d) Wrecker Driver. The term "Wrecker Driver" as used in this :7 ~` • Ordinance Page 3 chapter, means any individual who actually operates and drives an "Towing Vehicle" or "Auto Wrecker" on the streets of the City of La Porte, either on his own account or in the employ of another. (e) Owner. The term Owner, as used in this chapter, shall be construed to mean any person engaged in the business of towing motor vehicles for hire or engaged in the business of storing, wreck- ing or repairing motor vehicles for hire and who owns or is entitled to use any "Auto Wrecker", or "Towing Vehicle", and who uses same in the conduct of his business or any part thereof. (f) Committee. The term "Committee", as used in this chapter, shall mean the City Council Wrecker Committee. The City Council Wrecker Committee shall be composed of the following persons: 1. The Chief of Police, City of La Porte, or his duly designated representatives; 2. A Member of the City Council of the City of La Porte; 3. A duly appointed representative of the La Porte Wrecker Association; 4. City Manager of the City of La Porte or his duly designated representative; 5. A business or professional person, a citizen residing within the City limits of the City of La Porte, not an elected or appointed official or an employee of the City of La Porte, or a representative of the La Porte Wrecker Association. Sec. 6-2. Permits Required. (a) Towing Vehicle. It shall be unlawful for any person to drive or operate or cause to be driven or operated any towing vehicle as heretofore defined upon any public street in the city for the purpose of towing or hauling wrecked~or disabled vehicles, either for hire, or as an incident to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles without having first obtained a towing vehicle permit, from the City of La Porte, duly issued to such person to operate the vehicle on the streets of the ~' ~ a~` • • Ordinance Page 4 city under the terms and provisions of this chapter. (b) Auto Wrecker. It shall be unlawful for any person to drive or operate or cause to be driven or operated any auto wrecker, as that term has been heretofore defined, upon any public street in the city for the purpose of towing or hauling wrecked or diabled vehicles, either for hire or as an incident to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles, without having first obtained an auto wrecker permit, from the City of La Porte, duly issued to such person to operate an emergency auto wrecker on the streets of the city. The holder of an auto wrecker permit shall not be required to obtain a towing vehicle permit in addition thereto. (c) In any prosecution for a violation of this subsection, proof than an owner's wrecking vehicle was present at the scene of a collision or accident in which a vehicle was wrecked or disabled shall constitute prima facie evidence that such owner was operating or caus- ing to be operated his wrecking vehicle as an unlicensed towing vehi- cle or auto wrecker as the case may be. Sec. 6-3. Insurance required. (a) Before any permit shall be issued to any owner of an auto wrecker or emergency auto wrecker, or before any renewal of said permit shall be granted, the owner shall be required to file an in- surance policy and or certificate of insurance policy and or certifi- cate of insurance with the City Secretary, evidencing insurance cover- age complying with the requirements contained in paragraph (b)~below. (b) Insurance coverage in paragraph (a) above means an insurance policy or policies and/or a certificate, or_certificates of insurance covering all licensed towing vehicles or auto wreckers of the insured, issued by a company or companies qualified to do business in the State of Texas and performable in Harris County, Texas. All insurance policies or certificates of insurance, including garage liability R ,, r • • • Ordinance Page 5 policies must show the year, make and model, state license number and motor number of all towing vehicles or auto wreckers, which have been authorized to operate by the City of La Porte. Further, all insurance policies or certificates of insurance must include an endorsement listing the City of La Porte as an additional named insured party. All such insurance policies and/or certificates of insurance must contain a provision, or an endorsement, requiring that the City Secretary shall be given at lease ten (10) days' written notice prior to the date of cancellation before such policy may be cancelled • by the insurer, for any cause. All such policies shall provide the minimum coverage to show "proof of financial responsibility" as that term is defined in the Texas Motor Vehicle Safety Responsibility Act, as now in force or hereafter amended. However, in no event shall insurance coverage on either type of wrecker be less than the amount of ($ ) for bodily injury to or death of one person in any one accident and, subject to said limita- tion for one person, in the amount of ($ ) for bodily injury to or death of two (2) or more persons in any one accident, and in the amount of ($ ) for injury to or destruction of property of others in any one accident. The city shall immediately suspend, cancel or revoke any towing vehicle or auto wrecker permit heretofore issued without further notice to the owner, if satisfactory insurance as herein required is not in full force and effect at all times, with satisfactory evidence that said insurance is in full force and in effect, being on file with the City Secretary of the City of La Porte. Sec. 6-4. Application for Towing Vehicle Permits. Any owner desiring to operate a towing vehicle or vehicles in the city shall apply in writing for a permit to the City Secretary, and ® shall state the following in his application: (1) The name and address of the owner. If an individual, ~~ ~~ • • •. Ordinance , Page 6 the application shall so state. If a partnership, the partnership name and address shall be given together with names and addresses of all partners. If a corporation, the corporate name and office address shall be given, together with the names and addresses of the president and secretary. (2) The number of towing vehicles the owner desires to operate, listing the make, model, motor number and correct state license number of each towing vehicle. • (3) The true ownership of each towing vehicle. If not owned outright by the owner, as defined in this chapter, the name and address of the true owner shall be given. If the towing vehicle is operated under the terms of a contract with some company other than the owner, a copy of the contract shall also be attached. (4) A statement that the owner will obey the provisions of this chapter, the rules and regulations promulgated by the Chief of Police of the City of La Porte, and all other ordinances and statutes applicable to motor vehicles and agrees that upon his failure to so obey such laws that his permit may be revoked or suspended without notice to the owner. (5) The application shall be signed by the owner. If a partnership, it shall be signed by a member of the firm. If a corporation, it shall be signed by the president and attested by the secretary and the corporate seal affixed. In all cases, the person signing shall execute an affidavit, on the application form, that the statements contained in such affidavit are true and correct. Such application shall be accompanied by an annual towing vehicle permit fee of THIRTY FIVE DOLLARS ($35.00) a year for each towing vehicle °~ • • • Ordinance Page 7 the owner desires to operate. All permits shall expire on the 31st day of December each year and shall then be renewed upon submission of a properly executed application and the annual auto wrecker permit fee until the next succeeding 31st day of December. If a permit is granted subsequent to the 1st day of January in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered as an entire month in calculating the fee to be charged. • Sec. 6-5. Issuance of Towing Vehicle Permits. After the owner has filed his towing vehicle application, permit fee, and insurance policy, and the City Secretary has examined same and found them to be in compliance with the terms of this chapter, he shall issue to the owner a permit for each towing vehicle licensed, which permit shall bear upon its face a notice that the same expires on the succeeding December 31st. Each permit shall be dated and numbered and shall show on its face the make, model, motor number and state license number of the towing vehicle licensed. The Committee is empowered to prescribe regulations for the displaying of signs on towing vehicles showing that the same have been licensed as herein provided. • Sec. 6-6. Additional and Replacement Towing Vehicle Permits. (a) When an owner has obtained an towing vehicle permit and thereafter desires to increase the number of towing vehicles to be operated, he shall file a supplemental application setting forth his permit number and the fact that he desires to operate additional tow- ing vehicles, giving the make, model, motor number and state license number of each additional towing vehicle. He shall also file the proper permit fee to cover the additional number ~of towing vehicle permits. ~` • • • Ordinance , Page 8 (b) He shall also file with the City Secretary a new insurance policy or a proper endorsement on the existing policy, covering the additional towing vehicles. (c) The City Secretary shall examine such supplemental towing vehicle application, fee and policy, and if the same are in order, shall issue towing vehicle permits" covering each additional towing vehicle. (d) Whenever an owner wishes to discontinue the use of an • towing vehicle during the period covered by his permit and replace it with another, he shall file an affidavit stating that he has discontinued using the towing vehicle covered by his permit, and desires to use another towing vehicle in its place. He shall also attach a certificate from his insurer that such insurer has been notified thereof and has agreed to make the appropriate transfer of coverage. The City Secretary shall, upon the payment of a TWENTY FIVE DOLLARS ($25.00) transfer fee, issue the owner a new permit covering the replacement towing vehicle as provided in 6-5, and cause the old towing vehicle permit to be cancelled and voided. In the affidavit, as well as the certificate from the insurer, the old and new towing vehicle shall be described by make, model, motor number and state license number. Sec. 6-7. Application for auto wrecker permits. Any owner desiring to operate an emergency auto wrecker or wreckers in the city shall make application to the City Secretary for an auto wrecker permit or permits. Such application shall be sub- mitted upon form to be furnished by the City Secretary and the applicant shall furnish the following proof and information with his application. (a) The name and address of the owner shall be stated; and if the auto wrecker is to be operated under the name of some ~~ • • Ordinance , Page 9 • company other than the name of the owner, then the name of the company shall be stated. Accompanying the application shall be a signed copy of the agreement and contract between the owner and the company in whose name the auto wrecker is to operate. The auto wrecker permit shall be issued in the joint names and no transfer from one company to another company by the owner shall be permitted. If any individual, the application shall so state. If a partnership, the partnership name and address shall be given together with • the names and addresses of all partners. If a corporation, the corporate name name and office address shall be given, together with the names and addresses of the president and secretary.. All of the provisions and requirements applicable to persons in this chapter shall apply to and be required of each partner or each principal officer and the failure of any of them to meet such requirements shall be grounds to deny the application of the corporation or partnership. All changes of such officers or partners shall be reported to the City Secretary within ten (10) days after the change and such new officers or partners shall individually file applications certifying to their individual qualifications within such time, and the failure to certify within such • time or to possess such qualifications required of such persons under this chapter shall be cause for the suspension of all permits held by such corporation or partnership. (b) The application shall list the make, model, motor number and correct state license number of the vehicle to be licensed by the applicant as an auto wrecker. (c) Any person making application for an auto wrecker permit shall deposit with the City Secretary, upon making application °~~ • • Ordinance Page 10 u a sum of money in the amount of ONE HUNDRED DOLLARS ( $100.00) . Said sum shall be used to pay for the advertising of such application in the newspaper for two (2) consecutive weeks. Within fifteen (15) days after receiving such sum and qualifying data, the city shall cause to be published in the newspaper for two (2) consecutive weeks a notice to all holders of auto wrecker permits and all other in- terested persons. Such notice shall advertise the time and place of public hearing, which said hearing shall be • held not less than twenty (20) days from the date of the first publication. Such notice shall give the name of the applicant, the name of the business under which the appli- cant proposes to operate and any other pertinent data that the City Secretary may deem necessary. If such deposit is in excess of the cost of advertising, the City Secretary shall cause such excess to be returned to the applicant and likewise if the amount is insufficient to pay the cost of the advertising, the City Secretary shall then require the applicant to pay for the deficiency. Hearings and investigation for the purpose of determining whether or not the application for an auto wrecker permit will be granted, based upon the number of permits outstanding and • whether or not the granting of the application will not be detrimental to the public convenience and necessity shall be heard before the committee at the time and place designated. (d) The committee shall have in attendance at such hearing a representative from the city legal department, and any other persons that it may deem necessary to conduct said hearing. At the time of the hearings and investigation • with reference to whether or not public convenience and necessity exists for the issuance of such permits the _- ® ~ • • C~ Ordinance Page 11 committee shall consider all the evidence of the applicant and his witnesses. It shall further hear all the evidence of any protestants and their witnesses and shall have the right to call such other witnesses as the councilmen may deem necessary. (e) In determining whether a greater number of Iermits would P create a public inconvenience, the committee shall take into consideration the following: (1) The financial responsibility of the applicant; • (2) The number of vehicles to be operated; (3) Make, model and type of vehicle or vehicles to be used; (4) The effect of additional vehicles upon traffic congestion, vehicular and pedestrian alike; (5) Whether or not all insurance required by this Chapter has procured or will be procured; (6) That the applicant has a properly fenced storage facility for wrecked vehicles, the size of his business location and lot, and that the lot is located within the City Limits of the City of La Porte; (7) Determine that all city ad valorem taxes and other taxes of the applicant have been paid; • (8) Whether the vehicle shall be operated by the owner, or by his employee with bona fide employer/employee relationship; (9) Whether the applicant proposes to own, rent or lease the vehicle to be used; (10) The number of auto wreckers then in existence and • ~- • • • Ordinance , Page 12 licensed; (11) Whether the requirements of public convenience and necessity can be met and complied with only by the issuance of additional certificates of public conven- fence and necessity for auto wreckers; (12) Any and all other facts the committee may deem rele- want. Sec. 6-8. Issuance of Certificates of Convenience and Necessity for Auto Wrecker permits. • If the committee finds after the hearing and investigation that public convenience and necessity exists for the operation of said auto wreckers that have been applied for, the committee shall then instruct the City Secretary to notify the applicant in writing within ten (10) days from the last date of the hearing that such vehicle or vehicles are authorized to operate under the provisions of this chapter so long as they are in compliance with all of the provisions hereof and all federal, state, county and city laws and ordinances. The committee shall also instruct the City Secretary to publish an official notice of its findings in the newspaper within such time. Sec. 6-9. Denial of Certificate of Convenience and Necessity for Auto Wrecker permits. • If the committee finds from its hearings and investigation that convenience and necessity does not exist for the operation.of the vehicle or vehicles applied for, it shall instruct the City Secretary to so notify the applicant in writing within ten (10) days from the last date of the hearing. An applicant who has. been denied a permit or permits by the committee, and whose appeal to the City Council as hereinafter provided, is denied, or the decision not having been appealed to the committee, shall not be permitted to make another • application for six (6) months from the date of his filing of the ~°~~ o • Ordinance Page 13 application for the auto wrecker permit. Sec. 6-10. Appeal from the Findings of the City Council Wrecker After the committee has made its findings and declares same, the applicant, or any person opposing the said application who entered an appearance at the hearing before the committee, shall have the right to file an appeal within ten (10 ) days from the receipt of the City Secretary's written notice, or from the date of the published notice, as applicable. The appeal shall be in the form of a letter addressed to the City Secretary stating that an appeal from the decision of the committee is desired. The City Secretary shall notify the City Council of such appeal, and the Council, as soon as practicable, after receiv- ing said notice of appeal together with the findings of the committee, shall grant or deny, in open session, such application for a hearing. If a hearing is granted, the City Council shall sustain, modify or reverse the findings made by the committee and shall so notify the City Secretary of its findings. The findings of the City Council shall be final. If no appeal is made to the City Council from the committee's decision within ten (10) days, as indicated above, then such decision shall become final. Sec. 6-11. Fee for auto wrecker permits. The permit fee to operate an "auto wrecker" or "auto wreckers" shall be THIRTY FIVE DOLLARS ($35.00) per year for each "auto wrecker" which the owner is licensed to operate. All permits shall expire on the 31st day of December of each year and shall then be renewed until the next succeeding thirty-first day of December. If a permit is granted subsequent to the first day of January in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered an entire month in calculating the fee to be charged. Sec. 6-12. Issuance of Auto Wrecker Permits. ~'~ o~ ~ ~ Ordinance Page 14 After the owner has filed his application for an auto wrecker permit, a hearing held and public convenience and necessity found to exist, and the applicant has filed the required insurance, and the City Secretary and City Attorney have examined same and found-them to be in compliance with the terms of this chapter, the City Secretary shall issue to the owner a permit to operate an auto wrecker in the city upon the public streets, which permit shall bear upon its face the make, model, motor number, permit number and the license number of the auto wrecker. Said Permits shall be issued by the City Secret- ary upon authorization of the Committee to be attached to the auto wrecker, said permits to be attached to the front windshield of the auto wrecker, placed immediately above the inspection sticker that has been issued by the State of Texas for said auto wrecker. These permits are and shall always remain the property of the City of La Porte. In the event of suspension or revocation of a permit or permits, for any cause, it shall be unlawful for the owner of said permits to retain such permit, and he shall cause said permit to be destroyed or surrendered to the City Secretary of the City of La Porte immediately upon notification or such suspension or revocation, as is feasible. Sec. 6-13 Revocation or Suspension of Auto Wrecker or Permits or Towing Vehicle Permits. (a) Upon a complaint being filed by any person with the City Secretary of a violation of any of the terms or provisions of this chapter or the violation of any of the laws of the state, federal government or city, or upon motion of any .member of the committee, the committee may, after ten (10) days' written notice to the permit holder stating the grounds of said complaint, conduct a hearing to hear evidence with reference to such complaint or motion. Should such hearing reveal a violation of any of the terms of this chapter • or the laws of this state or federal government or other ordinances ~~ • Ordinance Page 15 of the city, the committee may suspend, cancel or revoke' the permit • or permits of such permit holder, as the offense may direct. (b) After the committee has held its hearing and investigation upon the complaint or motion for the suspension, cancellation or revocation of a permit of any owner of an towing vehicle or auto wrecker, it shall make its findings and direct the City Secretary to declare the same in writing to the owner or operator of such towing vehicle or auto wrecker within ten (10) days after said hear- ing. The owner of such towing vehicle or auto wrecker shall have the right to appeal to the City Council within ten (10) days from the receipt of the written decision of the committee only in the event of a revocation of the permit of the owner by the committee. Such appeal shall be in the form of a letter addressed and delivered to the City Secretary, stating than an appeal is desired from the revocation of the committee. The City Secretary shall notify the City Council of such appeal, and the council, as soon as practic- able thereafter, shall notify the appellant as to whether or not such an appeal will be heard. If the City Council grants such an appeal, it shall either sustain or reverse the revocation of the committee. If no appeal is taken from the committee's action within ten (10) days, as set out above, then the decision of the committee shall be final. [~ .~ .~ G 7 A m - ._ ._ . t . - . L T .. i . r.r - ... i _ . ~ r . ~ ~ _ i - Whenever an owner wishes to discontinue the use' of an auto wrecker during the period covered by his permit and replace it with another, he shall file an affidavit stating that he has discontin- ued using the auto wrecker covered by his permit, and desires to use another auto wrecker in its place. He shall also attach a certificate from his insurer that such insurer has been notified thereof and agrees thereto. The City Secretary shall, upon the i payment of a TWENTY FIVE DOLLARS ($25.00) transfer fee, issue the owner a new permit covering the new auto wrecker, as provided in ~~~~ • Ordinance , Page 16 section 6-12 hereof, and cause the old auto wrecker permit to be cancelled and voided. In the affidavit, as well as the certificate from the insurer, the old and new auto wrecker shall be described by make, model, motor number and state license number. Con G-7 C. Do,~...i~~. ire Dere~..~l ~. .. n..,.-....~-.. Tl-. i..r ....F (a) A permit issued hereunder for an towing vehicle or an auto wrecker shall be a personal hermit to the owner and shall not entitle any other person or corporation to operate such towing vehicle or auto wrecker. The permits issued pursuant to this chapter are • transferable as between owners only upon the express approval of the committee, and shall be subject to a TWENTY FIVE DOLLARS ($25.00) transfer fee, if apporoved. A denial of the right to transfer a permit may be appealed to the City Council, in compliance with the terms of section 6-10 hereof. Upon cancellation of any permit no portion of the permit fee shall be refunded to the owner thereof. Sec. 6-16. Ad Valorem Taxes. (a) It shall be unlawful for any person, corporation or partner- ship to use the streets of the City for the operation of an towing vehicle or auto wrecker unless all city ad valorem and other city taxes on all properties used and useful in the furnishing of towing vehicle and auto wrecker service shall have been first paid. (b) The owner or operator of any property used and useful • in the furnishing of towing vehicle or auto wreckers shall, on or before the 31st day of January of each year, furnish the City Secretary with satisfactory evidence that all ad valorem and other taxes due the city have been duly paid. If an investigation by the City Secretary discloses that such taxes were not in fact paid, the owner's permit shall be automatically suspended, and if such taxes are not paid in full within sixty,(60) days thereafter, the committtee may cause such permit to be indefinitely suspended, °~~ ~ ~ L' Ordinance , Page 17 cancelled or revoked. Sec. 6-17. Regulations On Operations. (a) The committee is hereby authorized to promulgate any and all rules and regulations relating to the operation of towing vehicle and auto wreckers, insofar as such rules and regulations are not inconsistent with any of the provisions of this chapter, deemed necessary to protect public safety and welfare. Specifically, but ' without limitation, the committee is hereby authorized to promulgate any rules relating to restrictions on the number of auto wreckers • which may operate on the streets of the City of La Porte at any one time. The committee shall cause the City Secretary to serve copies of such rules on owners at their registered addresses by certified mail. Such notices shall fully set out any rules promulgated, and the effective dates thereof. Any permit holders shall have the right, in accordance with the provisions of section 6-10, to appeal to the City Council with regard to any rules and restrictions promulgated by the committee felt by~~such permit holder to be unduly onerous. Sec. 6-18. Procedure by Auto Wrecker Operators at Scene of Disabled Vehicle. (a) Whenever an auto wrecker arrives at the place where a motor vehicle has been disabled by an accident, the auto wrecker driver shall legally park his vehicle as close to the street curb as possible • and otherwise dispose of it in such a manner as not to interf ere with traffic. He shall not park his vehicle within a distance of fifty (50) feet from a wrecked or disabled vehicle. (b) It shall be unlawful for any wrecker owner, driver or agent to solicit the business of towing, removing or repairing any wrecked or disabled vehicle at the place where an accident has occurr- ed, by words, cards, circulars or gestures.' (c) All auto wrecker drivers arriving at the place where any accident has occurred shall obey all orders given them by any police ~~ ~ C7 Ordinance , Page 18 officer of the city investigating such accident and shall not in any manner interfere with such police officer in the performance of his duty. (d) No auto wrecker or auto wrecker driver shall remove any wrecked or disabled vehicle from the place where an accident has occurred, or attach his wrecker to the wrecked or disabled vehicle, unt i 1: (1) the police officers have completed their investigation; arrl • (2) the driver of the said vehicle, or the police officer where the driver is unable, has given permission. • (e ) The fact that no police officer of the city is present at the scene of the accident when an auto wrecker or a towing vehicle that has been summoned to the scene by the vehicle owner arrives shall not constitute an exception to this section and it shall be the duty of any wrecker owner to cause the police department of the city to be notified of the occurrence of the accident and to await the arrival of the police officers of the City and the completion of their investigation. (f) All wrecker drivers shall, at all times, obey all traffic laws of the State of Texas and the City of La Porte. Sec. 6-19. Wrecker Rotation List (a) All auto wreckers desiring to be called for wrecker service by the City Police Department shall request in writing to be placed on a qualified auto wrecker rotation list to be maintained by the Police Department. _ (b) The qualified auto wrecker rotation list shall be used for all vehicles on which a pull is requested by the La Porte Police Department. • (c) When a police officer investigating an accident determines that any vehicle which has been involved in a collision or accident ~ ~~ • Ordinance Page 19 upon a public street is unable to proceed safely under its own power, or when the owner thereof is physically unable to drive such vehicle, the officer shall request the owner to designate the wrecker company the owner desires to remove that vehicle. When the owner has design- ated the wrecker company desired, the police officer shall communicate the fact immediately to Police Department Headquarters, and it shall be the duty of the dispatcher receiving such information at Head- quarters to call the designated company provided the company has previously obtained a valid auto wrecker permit to operate in the city. In the event the company does not have a valid auto wrecker permit the owner shall be so informed and given an opportunity to designate another company. I (d) In the event the owner of a vehicle involv~d in an accid- I ent or collision is physically unable to designate the wrecker company desired, or refuses to designate one, th~ investigating officer shall communicate that fact immediately to Police Depart- ment Headquarters. The Police Department shall maintain a wrecker rotation list which shall contain the names and addresses of each wrecker service company that complies with the provisions of this ordinance in order that said company might be called upon for wrecker service by the Police Department. The police officer receiving a call at the Police Headquarters for wrecker service shall call the •~ first wrecker company on the list to tow the disabled vehicle or move the same from the public streets of the city. After the company at the top of the list receives a call then the company's name shall be placed at the bottom of the list and the next company shall be moved to the top of the list and it shall receive calls. This process shall be repeated until each company providing wrecker service under the provisions of this ordinance has received calls. The Police • Department shall notify each wrecker company in sufficient time prior to its rendering said wrecker service in order that the company a ~ ~ ~~~ • Ordinance Page 20 U might adequately provide the necessary men and equipment to answer said calls. (e) In the event a wrecker service company is requested by the Police Department to make a call and the company agrees to make said call then the company shall proceed immediately to the scene where it is directed and shall be given a reasonable length of time in which to reach said location. If the wrecker service company answer- ing said call has not reached said location within a reasonable length of time then the officer at the scene may proceed to call the next • wrecker service company on the list and that company shall have priority over that particular call. In the event that the wrecker service company called fails to comply with the provisions of the ordinance by proceeding to the designated place within the time specified above then this wrecker service company shall be removed from the top of the list and placed at the bottom of the list. Sec. 6-20. Specifications and Required Equipment. (a) Minimum Size. Each auto wrecker and emergency auto wrecker shall not be less than one (1) ton in size and shall be equipped with booster brakes. (b) Standards of Winch. Each auto wrecker and emergency auto wrecker shall be equipped with a power take-off operated winch, •" winch line and boom, with a factory rated lifting capacity (or city tested capacity) of not less than five thousand (5,000) pounds, single line capacity. The winch line shall be three-eights (3/8) inch in diameter. (c) Flashing Light. Each auto wrecker and emergency auto wrecker shall have a flashing light of at least four (4) inches in diameter on the top of the cab, as prescribed or permitted by State law, visible from both the front and rear of the truck. • (d) Wheels and Tires. Each auto wrecker and emergency auto ~~ ~ Q • Ordinance , Page 21 • wrecker shall have dual wheels on the rear with heavy duty tires thereon. (e) Each emergency auto wrecker, and all auto wreckers that are to be eligible to be summoned to an accident scene when requested by a driver, shall be provided with the following: (1) Fire extinguishers; said° fire extinguishers being defined ' as that piece of equipment commonly carried to extinguish fires caused as a result of an auto accident or collision. • Said fire extinguisher to be a standard type, chemical fire extinguisher designed to combat motor vehicle fires. (2) Parking flares; said parking flares being defined as that piece of• equipment commonly used in motor transportation as a signal flare or light to warn of an obstruction on the highway. 22 (3) Two bars; said tow bars being that piece of equipment sometimes known as the A-frame, which is a part of the auto wrecker and is used to hold a vehilcle which has been elevated for towing, rigid and to prevent swinging of said raised vehicle as it is being towed. When a vehicle is being towed the tow bar shall be in place to prevent swing- ing. (4) Broom and sand box; said broom and sand box with at least a three (3) gallon capacity for the purpose of cleaning up oil and other liquids. (5) Shovel and pinch bar. (6) A container to hold glass and debris. (7) A permanently affixed sign, with minimum four (4) inch lettering, identifying the owner of said emergency auto wrecker, with said owner's phone number, address, and the • name of his business. ~•~ ~~ U Ordinance Page 22 Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall carry the above named equipment at all times. Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall be annually inspected by the Police Department of the City of La Porte for compliance with the above equipment requirements. (f) It shall be the duty of the driver of each emergency auto • wrecker and auto wrecker that picks up a wrecked or disabled vehicle for the purpose of towing the same away to clear the street of any and all debris, parts or glass. In the event two (2) or more wreckers pick up vehicles for towing, it shall be the duty of each driver to clear the street of debris, parts or glass. Sec. 6-21. Permissible Fees and Charges. (A) (1) The standard charge for a "normal tow" from the scene of the accident in the city limits of the City of La Porte to the place of business of the wrecker operator, or other location instructed by the owner, will not exceed FORTY-FIVE DOLLARS ($45.00). If the owner of the vehicle being towed requires the vehicle to be moved or transferred after the vehicle has been towed • to a location specified in the wrecker ticket, there may be an additional charge of FIFTEEL~T DOLLARS ($15.00) for transferring the vehicle within the city limits. A "normal tow" is defined as "picking up the vehicle or moving and towing the vehicle from the street to a location." (2) An additional charge may be made for the following • additional labor that is not required in a "normal tow", to-wit: ~~ ~~ • Ordinance Page 23 • (a) An additional charge, not to exceed SIXTY DOLLARS ($60.00) , may be made for a ditch pull and/or rollover in those cases where two separate pulls with the wrecker's winch line are actually required. (b) An additional charge, not to exceed TEN DOLLARS ($10.00) may be made for disengag- ing and removing the drive shaft, or for other exceptional labor. • (3) A charge not to exceed SIXTY FIVE DOLLARS ($65.00) may be made when it is required to "dolly" a wrecked vehicle. This charge shall be all inclu- sive, and no other charge may be imposed when it is made. (4) Except in the event of an dolly charge, the maximum charge for any and all tows from the scene of an accident in the city limits shall be SEVENTY FIVE DOLLARS ($75.00). (5) A charge not to exceed FIVE DOLLARS AND FIFTY CENTS ($5.50) per day may be made for the storage of wrecked vehicles. (8) Every holder of an emergency auto wrecker permit and those auto wrecker permit holders that are eligible to be summoned to scenes of accidents shall utilize an official wrecker ticket provided by the City of La Porte containing the following informa- tion: (1) Name and address of wrecker company. (2) Time and location of accident. (3) Place to which vehicle is to be towed. (4) Description of vehicle and general description of . parts of vehicle that have been damaged. (5) Itemized list of services to be performed, charges ~ • Ordinance Page 24 for each, and total charges. (6) Places for signature of auto owner or other person (including a police officer) authorizing tow of vehicle. (7) One copy of the wrecker ticket is to be given to the customer, and one copy is to be given to the investigating police officer. Sec. 6-22. Miscellaneous Provisions and Restrictions. (a) The selling or other granting of the right to tow any disabled vehicle is prohibited. The person signing for the disabl- ed vehicle shall be able to account for the vehicle at all times. A violation of this section shall constitute the basis of cancell- ation of the license without further notice. (b) Once a wrecker has been attached to a vehicle for the purpose of towing it to a location, the wrecker driver shall not disengage such vehicle and leave it parked prior to its arrival at the designated location. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance- and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and comfirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective fourteen (14) days after ~~~~ • i ~J Ordinance Page 25 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 lease twice within ten (10) days after the passage of this ordi- nance. Gantinn d_ 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. CPr~+; nn S _ 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). PASSED AND APPROVED this the day of , 1984. CITY OF LA PORTE By VIRGINIA CLINE, MAYOR ATTEST: City Secretary APPROVED: ~~ City Attorney Fd ~.~ • • T0: CITY MANAGER FROM: Director of Public Works DAT~:.:.April 19, 198 REQUEST FOR CITY COUNCIL~AGENDA ITEM 2. X Report 1. Agenda Date Requested: _ Resolution Ordinance 3. Project Summary: Annual contract for assorted garage supplies. k. Action Required: Council approval. 5.. Alternative: • Make open market purchases. 6. ~ Recoipmendatan Bulk products, Section I, to Jones Oil Company. Garage supplies, Section II, to Chickering Oil Company. 7.~ Exhibits: Bid sheets. Memorandum from Purchasing Agent. 8. Availability of Funds: General Fund Water/Wastewater Capital Improvmt. General Revenue Sharing Other Account Number: • e: Yes Nb Director of Public Works ~/ r ~ ~~~~Y~~~ ?_~ 7..g.•~ ... . Date ' ~ - ~~ - g ' • • INTER-OFFICE MEMORANDUM • APRIL 11, 1984 T0: D. Root - Equipment Services Superintendent FROM: J. Ray - Purchasing Agent `~:~~; ~ SUBJECT: Sealed Bid 410037 - Assorted;`~.rage Supplies Advertised, sealed bids 440037 for the annual garage supply contract were opened and read in City Council Chambers April 2, 1984 at 4 p.m. Sealed bids were mailed to nine area vendors with bids being returned by the following vendors; (1) Allen & Kerber Parts Inc., (2) Jones Oil Co., (3) H & W Distributing Co., Inc., (4) Spencer Hwy. Auto Supply, and (5) Chickering Oil Company. Vendors were asked to provide firm pricing for a six month period with escala- tion based upon documented price increases from the manufacturer. The City of La Porte also required the successful vendor to supply three bulk tanks with hose and pump for no extra charge. Garage supplies were divided into two categories; Section I - Bulk Products, and Section II - Assorted Shop Supplies. • The overall low bid was submitted by Jones Oil Company of Houston, Texas. Prices averaged 8X lower than pricing under the current 1982-83 contract. A thorough review of bulk products bid indicates that all spec if ications have either been met or exceeded by Jones Oil Co. Low bid on Section II meeting specifications was submitted by Chickering Oil Co. of Houston, Texas. Prices submitted by Chickering Oil averaged two (2) percent below prices being paid under the current 1982-83 contract. I hereby recommend awarding the 1984-85 contract for bulk products, Section I, to .Tones Oil Co. and the 1984-85 contract for garage supplies, Section II, to Chickering Oil Co. on the basis of low bid meeting specifications. I trust this recommendation will meet with your approval. JR/mb cc: L. Maxey B. 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Fr ,,,,~ - (. 4 ~. ~.S3rA. ~.36e ' I•L(ed. ~-~ ek. ~ss~~~¢~' , •G~~~y~ • r ~ -s- n • C`h,~l1ev~nu~ ~. -{ (~ ~I~~e~ ~- S~~hee.v- ~on~es o'~~ ~- O~,S~ .. ro. ~.-~ ~ ~t~ ~~w~. a ~ I 5~,~~p(~ C o_ ~ r\c . ~~ ets ~ A~~(o S"P~Ih J ~ e (. ~G~~teS GhY2r to r v ~,.,k cU ~~ /n~f \4fra -b3 `~ i0 ~ - $ lne ~~ ~~e~r - Ff w~ 1 ~ o ~•,cY 1.06 . ~c .F3 t `'~ ~ ~ F~ I + - J 1.~1 Go . , ' ~ .fir ~ c ~' ~ ( (f 'J` 1 ~, P~q 1. "a a ~' • a • ~I• .~ ~ ~~ I} v'- ~-fl• 1.7r i. .ISC14 rCY ~1.r •~'~e _ S, - -uc~ F k o .~a e ~' ~ , 1.E~r~ I•S .o~? •ed. ~.aoe ~• s3. ~,~I ~-~ ~t~~ - ~~ 'Uo .~ t. N~ ~,~ INO 13~r~ ~. ~. .. S'S. 1=~,e~ ; (+c~r - F~ar~ p3 ~(.~(6 ~ b.6 . -~1 3 5o a .t°len. e e`~' n ~ CS r 1 ~Ql/; _ • • T0: CITY MANAGER FROM: DATE;,: .. .. ~ .::.~-11-8~+ Jerry Hodge ••~~ ~ ~~~~ REQUEST FOR CITY COUNCIL'AGENDA ITEM 1. Agenda Date Requested: 2. ~ X Report Resolution . Ordinance 3. Project Summary: Replacement of the fence wall destroyed during emergency sewer main repair. ~+: Action Required: Council approval. to bid the project and allocate $8,500 from contingency funds. 5... Alternative: None known. • 6. Reco~nendaton Allow the Purchasing Agent to negotiate a contract for the project and allocate $8,500 from contingency funds. 7.' Exhibits: Memos 8. Availability of Funds: General Fund X Water/Wastewater Capital Improvmt. General Revenue Sharing Other Account Number: 003-810-810-000 Funds Available: % ' Yes Nb n U Appr ved r rry H ge, Director( df ~fzb is Works ~'t'~y Council Agenda ,/"- / • • CITY OF LA PORTE INTER-OFFICE t+~MORANDUM T0: Jerry Hodge, Dire ~ r of Public Works DATE: April 21, 1984 FROM: Luther Maxey, s 's~~ Director of Public Works SUBJECT: Replacement of the wall located at 401 South First Street. During replacement of the sewer main in the alley easement behind 401 South First Street the clay the fence was destroyed. The sewer main was one (1) foot east and ten (10) foot deep beneath the fence. Also, the sewer main had to be relaid in the same trench due to other utilities in the easement, such as underground telephone, 4 inch gas main and a 4 inch water main. The excavation was solid shored with oak boards and hydraulic Speed Shore equipment, however, the wall type fence could mot~,be~.:held. A temporary fence has been placed to secure a dog belonging to the resident. It should be noted that the resident has been most patient and understanding in this situation, but the City is obligated to replace the fence. • Attached is a copy of a memo from Jackson Ray showing a potential cost of SEVEN THOUSAND ONE HUNDRED TWENTY DOLLARS ($7,120.00) to complete the work, less the cost of the concrete footing. The footing can be constructed by City crews with an estimated cost of ONE THOUSAND THREE HUNDRED FIFTY DOLLARS ($1,350.00) for forms, rebar, and concrete. Please ask for EIGHT THOUSAND FIVE HUNDRID DOLLARS ($8,500.00) from water/wastewater contingency fund ~.acc~oui~t #003-810-810-000 and permission to bid this project. Please call if I can be of further assistance. LM/me attachments u • • INTER-OFFICE MEMORANDUM • MARCH 16, 1984 T0: L. MAXEY r ASSISTANT DIRECTOR OF PUBLIC WORKS FROM: J. RA SUBJECT: REPLAG~MF•Ad~`/OF TILE WALL - 401 S. FIRST STREET Per your request of March 6, 1984 I have developed the following cost data concerning the the wall removed by city crews for the oversized sewer line being installed in the alley between First St. and Broadway in the 400 block. The wall is 83 linear feet long by 6 feet tall. It is basically constructed of a concrete beam with piers every five feet, the blocks, reinforcing mesh, and mortar. It was originally built in 1953 and has survived to the present day with no modifications. The owner, Bill Jones, indicates he will accept no sub- stitutions in rebuilding this wall. I contacted a total of ten masonry contractors in the Bay Area to obtain quota- tions to rebuild this wall. At the present time I have received two bids on re- placing this structure to its original state. They are as follows; • 1. B & D Masonry Contractors - 944-5444 - Ken Freytag Material Cost - $3,785 Labor Cost - $6,415 Total Cost - $10,200 2. Myric Masonry - 427-5294 - Mike Myric Material Cost - $3,916 Labor Cost - $3,204 Total Cost - $7,120 Neither quotation includes repouring the beam. Should the beam need to be re- poured the City of La Porte will need to make arrangements to have this done at additional cost. It is important to note that if Bill Jones could be persuaded to accept a wall constructed of cinder block as a replacement for his existing wall the total job cost could be lowered to the $2500 range. I will continue my efforts to obtain more quotations for comparison purposes. Please advise if you have any further needs on this project. JR/mb • • T0: CITY MANAGER FROM: DATE::April 26, 1984 Jack Owen •• •~ ~ R^bert•T:•Herrera•~ ~ ~~~ ~ •~~ ~~ REQUEST FOR CITY COUNCIL~AGENDA ITEM 2. X ~ Report 1. Agenda Date Requested: May 2, 1984 Resolution Ordinance 3. Project Summary: Advertised sealed bids for the purchase of a continuous forms detacher were opened April 9, 1984.• A total of eight bid packages were mailed with five bidders responding. This cl@vice allows city operators to automatically separate continuous forms in a more efficient time manner than doing it manually. . ~+. Action Required: Accept staff reccemiendation . 5 .. Alt~ernat ive Reject staff recce~¢neni3ation. 6.~ Recommendation Staff recommends that .the City of La Porte award Moore Business Fbrms of Alvin, Texas the purchase of their continuous forms detacher~on the basis~of a tie for low bid @ $4,081.85 and a delivery time of 30~ days. The choice of Moore Business Farms of Alvin is reccarmended because of their location to our City. 7.~ Exhibits: Memorandum of Recca~mendation frown Jackson Ray dated April 11, 1984. 8. Availability of Funds: General Fund Water/Wastewater X Capital Improvmt. Other General Revenue Sharing Account Number: 015-600-606-903 Funds Available: x Yes No Requested By: Robert T. Herrera Counc Agenda Date • • • INTER-OFFICE MEMORANDUM APRIL 11, 1984 T0: B. Herrera - Director of Administrative Services FROM : J . Ray. ,! / r G SUBJECT: Sealed. Bi~~4~0039 - Continuous Forms Detacher w/Floor Stand, Margin Slitter, Mid-Form Slitter, and Trimmer Bin Advertised, sealed bids4~0039 for the purchase of a continuous forms detacher were opened and read in City Council Chambers April 9, 1984 at 4 p.m. Sealed bids were mailed to eight area vendors and office supply companies with five returning bids. The continuous forms detacher (burster) will be operated by all City divisions that use computer generated continuous forms. It is a labor saving device which allows the operator to automatically separate continuous forms in an efficient manner while eliminating the need for manual forms separation. A tie for low bid was submitted by the Moore Business Forms Co. in Alvin and their location in Beaumont, Texas on the Moore 43250. This unit was tested by City staff in the fall of 1983 and found to be acceptable for both current needs and projected future usage. I hereby recommend 'awarding the purchase of a continuous forms detacher to Moore Business Forms in Alvin on the basis of a tie for low bid in the amount of $4,081.85 and a delivery time of thirty days. Should the unit need servicing in the future it is anticipated that the Alvin, Texas location would be better able to expedite repair due to their location. I trust this recommendation will meet with your approval. JR/mb cc: D. Cole B. Graf a _,-~ D r Sealed Bid 40039: Continuous Form Detacher with Floor Stand, Margin Slitter, Mid- ~orm Slitter, and Trimmer Bin 1 1 . Uarco Inc. Moore Bus. Moore Bus. Tab Product A.B. Dick C Houston, Tx. Forms Forms Houston,Tx. Houston, Tx Alvin, Tx. Beaumont, Tx. 1. Forms Capability: __ -- -- -- No Bid A. Width: 4" - 15" Yes 4 3/4"-15" 43/4"-15" 2 3 4"-20 B. Lend;; h: 3" - 14" Yes 3"-12" 3"-12" ~2 3 4"-14~" C. Weight: 10 lb. - 125 lb. min. Yes 11'~lb.-1251 ll~lb-1251b lOlb-1401b D. Plies: Up to 8 plies Yes 4 plies 4 lies Yes 2. Speed: Variable from 20' to 150'fpm Yes Yes Yes 15'-350'f m 3. Tractor & Friction Feed Yes Yes Yes Yes 4. Castered Floor Stand Yes Yes Yes Yes 5. Margin Slitter Yes Yes Yes Yes 6. Mid Form Slitter Yes Yes Yes Yes . Steel Breaker Blade Yes Yes Yes Yes 8. Rubber/Steel Detaching Rollers Yes Yes Yes Y'es 9. Jog Forward/Reverse Yes Yes Yes Yes 10. Static Eliminator: Standard yeS yeS yeS yeS 11. Jam Detector: Standard Yes Yes Yes Yes 12. Multipart Forms Detaching: 4 Part Yes Yes ~ Yes Yes 13. Accomodate Temporary & Permanentl Fastened Forms Yes Yes Yes Yes 14. Forms Stacker: Standard Yes Yes Yes Yes 15. Free 0 erator Trainin Standard Yes Yes Yes Yes lb. State Warrant 17. Deliver Time in Da s 90 Da s 28 Da s 6 Months 30 Da s 6 Months 0 Da s 90 Da s 21 a. 18. Make and Model Bid Uarco 2035-8 Moore Moore TAB 1 Price * 2 Maintenance A reement $410.00 Yr. 498.00 Yr. 498.00 Yr. 445.00 Yr. * Price doesn't include frei ht 1 Denotes tie for low bid