HomeMy WebLinkAbout1984-08-01 Regular Meeting (2)I
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• MINUTES
OF THE
REGULAR MEETING OF LA PORTE CITY COUNCIL
AUGUST 1, 1984
1. The meeting was called to order by Mayor Pro Tem Deotis Gay
at 7:02 P.M.
Members of City Council Present: Mayor Pro Tem Deotis Gay,
Councilpersons Linda Westergren, Ed Matuszak, Lindsay Pfeiffer,
B. Don Skelton
Members of City Council Absent: Councilpersons Norman Malone,
Kevin Graves, Mayor Virginia Cline
Members of City Staff Present: City Manager Jack Owen, City
Attorney Knox Askins, City Secretary Cherie Black, Director
of Administrative Services Bob Herrera, Director of Community
Development John Joerns, Police Chief Herb Freeman, Assistant
Director of Public Works Steve Gillett, Assistant Fire Chief
• John Dunham
Others Present: Terry Robbins, Bob Biarnesen, Rhonda Brock,
Wanda Boyd, Paula Bridges, Mary Hanks, John and Jayne Longley,
Arlene Arends from the Bayshore Sun-Broadcaster, Linnea Schlo-
bohm from the Baytown Sun, Allan Kimball from the Houston Post,
Joe McQuade from the Houston Chronicle, representatives from
Channel 13 news, approximately 80 citizens
2. The invocation was given by City Attorney Knox Askins.
3. Council considered approving the minutes of the regular meeting
held July 18, 1984.
Motion was made by Councilperson Skelton to approve the minute s_
of the July 18 meeting as presented. Second by Councilperson
Matuszak. The motion carried, 4 ayes, 0 nays, 1 abstain.
Ayes: Councilpersons Westergren,
Pro Tem Gay
Nays: None
Abstain: Councilperson Pfeiffer
on 7-18)
Matuszak, Skelton and Mayor
(was not present at meeting
4. Mayor Pro Tem Gay read a resolution of appreciation for John
• Longley, recently resigned as Councilperson, .District 2,~ and
presented the framed resolution and a plaque of appreciation
to Mr. Longley.
Mr. Longley expressed his thanks to Council.
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• Minutes, Regular Meeting, La Porte City Council
August 1, 1984, Page 2
Councilperson Graves arrived at the Council table at 7:06 P.M.
5. Mr. Terry Robbins and Mr. Bob Biarnesen spoke to Council
regarding the petition recently presented to the City, and
regarding the high water bills citizens have been receiving,
~~ and asking that a new look be given to the problem to see
if a solution could be reached to provide lower rates.
They addressed the initiative petition and asked for a second
opinion of the legality and validity of same.
Councilperson Westergren asked if any attempts had been made
to discuss the water rates with City Staff before the petition
was circulated. The answer was no, no attempt had been made.
Councilperson Graves asked just what it would take for a
referendum, now that it is known that the petition was found
to be invalid; what would the guidelines be that the citizens
would have to follow for a referendum petition.
City Attorney Askins stated he had filed with City Council a
legal written opinion on the status of the petition. The'
• invalidity of the petition does not have anything to do with
the form, the manner in which it was circulated, or the manner
in which it was presented to the City. The invalidity of the
petition is that the Courts have consistently held that not
everything that a Council does by ordinance is subject to an
initiative or referendum. Permanent, standing, legislative
policy type ordinances are subject to referendum. Rate~set-
ting takes expertise in accounting, engineering; a lot of
figures are taken into consideration. The Courts have held
that the public could not possibly have at hand or have access
to, the expertise that a City Council would spend many hours
going over and hearing testimony in a Council meeting when they
pass such an ordinance, to be able to draw a rational conclu-
sion and make an intelligent vote on it. That is not to say
the voters could not do so if they were sitting in the~seat
of City Council, but the voters were not there,' and they did
not have an opportunity to hear it.
Mr. Askins went on to explain the way the rates must beset
in regards to bond covenants, and that the City must abide
by them. There are legal constraints, budget constraints,
etc., that must be considered when setting rates.
Mr. Askins offered a copy of the legal rulings from the~Court
regarding such cases, and said he would be happy to furnihh~
• a copy to any other municipal attorney if the petitioners
wished to get a second legal opinion. The~Council has no
choice on this. The Council cannot legally call an election
on your petition. The Courts have held that .it is not~a
proper subject of an initiative or referendum election.
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• Minutes, Regular Meeting, La Porte City Council
August 1, 1984, Page 3
Councilperson Matuszak stated that he thinks we owe it to our
constituents to find a solution to this, although he feels
there is no easy solution. He thinks what we are seeing here
is a direct result of the drought. It irritates a lot of
people to water the lawn and have to pay the 70 percent in
the summer. This is a real problem, and it is incumbent upon
Council to look at this and see if'we can't take some kind
of baseline approach. Take the winter rates, for instance,
and average them. We are now computerized, and it should not
be difficult to get the histories.
6. Mrs. Mary Hanks spoke to Council regarding high water bills
in the Hunter's Trace area. She stated that people in her
area had asked for someone~to come out and check their meters,
but had no success in getting anyone there. She asked Council
for help in this regard, and was assured that the~matte~r would
be looked into.
Councilperson Skelton inquired of Mrs. Hanks if her ne'ighbor's
$243 water bill included water, garbage and sewer, and if her
• $91 water bill included everything. Mrs. Hanks answered in th.e
affirmative. Mr. Skelton commented that, based on that, her
neighbor was using about 77,000 gallons of water a month, and
Mrs. Hanks was using about 25,000 a month.
Councilperson Westergren commented that she understood a tax
was included in the mortgage payment in the~area in question
that was used to pay off bond indebtedness for the utility
district, in addition to the water rates. That is now being
paid in the water rates, so if you added that to the water rate
you pay each month, it would increase considerably. She
agreed that the water bills seemed high. She gave sederal
suggestions as to how the meters could be checked for accuracy.
Mr. Owen said it would be no problem to send someone out :to
check the meters in that area, and it would be done.
Councilperson Graves asked if the residents would be~charged~
if no meter malfunctions were found. He did not .feel that a
charge should be made since these meters were installed by
someone other than the City and we aren't sure~how they work.
Mr. Owen said the charge is by ordinance, but that Council
could waive that particular ordinance~at their discretion.
Mr. Matuszak asked if there could be a check done~on the meters
• in the areas we have recently picked up by annexation.
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• Minutes, Regular Meeting, La Porte City Council
August 1, 1984, Page 4
Councilperson Graves stated that we've talked about clean-up/
green up, encouraging people to beautify; we've got plants
out in front of City Hall that are watered frequently. Why
should the City penalize people for a seasonal commodity such
as water, f.or beautifying their lawns, for having something
a little bit pretty, that we're trying to do in front of
where we live and work (City Hall),. There should be some kind
of winter rate and summer rate for the people that are watering.
Relieves the water rate is based on the cost of getting water
out of the ground to the consumer, and if it is costing too
much, maybe there should be a study made.
Mr. Skelton stated that there was obviously a water leak some-
where for anyone to use 77,000 gallons of water in one month.
He assured the citizens present that many months of work went
into setting the water rates, and they were set to pay for
itself, knowing it would affect Council's water bills as well.
We need to conserve our water for drinking purposes more than
any other thing. According to population projections for Texas,
unless we build reservoirs to store water. Even with surface
water we will not have enough water by the year 2000. He con-
• cluded that he would do everything he could to see that a fair
and reasonable cost for water, services, maintenance, opera-
tion, and replacement of worn out facilities was accomplished.
Mayor Pro Tem Gay told the citizens that he appreciated their
coming to the meeting, that it shows they are concerned about
their rates and the expenditures of the City.
Councilperson Westergren said she would like the City to look
into the cost of an independent water study - a cost analysis
study .
8. Council considered an agreement with the State for .maintenance
of traffic signals.
City Manager Owen requested that this item be removed from the
agenda. On the advice of the City Attorney, we need to get
additional information from our insurance carrier before we
take action.
*The City Attorney had covered item 7 in his earlier remarks.
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• Minutes, Regular Meeting, La Porte City Council
August 1, 1984, Page 5
Motion was made by Councilperson Skelton to table this item
for further study. Second by Councilperson Pfeiffer. The
motion carried, 5 ayes, 0 nays.
Ayes: Councilpersons Westergren, Matuszak, Pfeiffer, Sla~lton,
and Mayor Pro Tem Gay
Nays: None
Councilperson Graves was away from the Council table.
9. Council considered adopting an ordinance regulating school
zone speed limits.
City Attorney made a correction to the ordinance on page 3 -
540 feet needs to be changed to 530 feet. The City Attorney
then read: AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS
UPON CERTAIN PARTS OF WEST MAIN STREET, FOR THE PURPOSE OF
DESIGNATING MAXIMUM SPEED LIMITS UPON SAID PARTS OF WEST MAIN
STREET; ESTABLISHING SCHOOL ZONES UPON CERTAIN PARTS OF WEST
MAIN STREET AND UPON CERTAIN PARTS OF FARRINGTON BOULEVARD,
FOR THE PURPOSE OF SPECIF'.ICALLY DESIGNATING SAID SCHOOL ZONES
• AND THE MAXIMUM SPEED LIMITS APPLYING TO SAID SCHOOL ZONES
AT THE TIME SPECIFIED HEREIN, AND FURTHER PROVIDING THAT THE
CHIEF OF POLICE BE AUTHORIZED AND DIRECTED TO POST SIGNS AT
BOTH ENDS OF SAID SPECIAL SPEED ZONES, INCLUDING SAID SPECIAL
SCHOOL ZONES CREATED HEREIN IN SAID SPEED ZONES, ALL AS LOCATED
WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE; 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 $200.00; PROVIDING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Matuszak to adopt Ordinance
1410 as read by the City Attorney. Second by Councilperson
Skelton. The motion carried, 6 ayes, 0 nays.
Ayes: Councilpersons Westergren, Matuszak, Graves, Pfeiffer,
Skelton and Mayor Pro Tem Gay
Nays: None
10. Council considered approving emergency replacement of sewer
main between Broadway and First Street.
City Manager Owen explained that this was emergency replace-
ment of an old sewer main that had collapsed. City crews were
• unable to do the replacement due to unstable soil. McKey
Construction was contaced and completed the project. Total
charges amounted to $15,330.31.
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• Minutes, Regular Meeting, La Porte City Council
August 1, 1984, Page 6
Motion was made by Councilperson Skelton to accept staff
recommendation and approve the emergency replacement of
sewer main between Broadwa and First Street, and to transfer
funds in the amount of $15,330.31 from the Water Wastewater
Contingency to the Sewer Line Improvements Fund. Second by
Councilperson Matuszak. The motion carried, 6 ayes and 0
nays.
Ayes: Councilpersons Westergren, Matuszak, Graves, Pfeiffer,
Skel'torx and Mayor Pro Tem Gay
Nays: None
11. Council considered approving contract with Woodward-Clyde
Consultants for geotechnical engineering study for Type I
Municipal Landfill Permit application.
City Manager Owen explained that this item is in connection
with the sanitary landfill site we are hoping to permit.
There is one correction to be made to the contract as pre-
sented. Woodward-Clyde left off one item, being 7 days of
• staff time, at a price of $3,150, which will bring the total
not to exceed amount to $38,062.50 (without px'ior authoriza-
tion). This contract is for the geotechnical soils work
required by the State for the permit.
Motion was made by Councilperson Matuszak to approve the~con-
tract with Woodward-Clyde. Second by Councilperson Westergren.
The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Westergren, Matuszak,' Gx'ave.s,.Pfeiffer,
Skelton and Mayor Pro Tem Gay
Nays: None
Before the vote was taken, Councilperson Skelton inquired as
to the approximate duration of the contract. The repxeserita-
tive from Woodward-Clyde replied that it would depend on the
State Department of Health and what particular questions they
would ask that had to be answered, but typically it would take
about two months.
12. Council considered awarding a bid for the reconstruction and
repair of the Public Works buildings.
Part of the work is due to damage caused by Hurricane Alicia,
and will be covered by insurance. Part of the work is due
to structural deficiences that are non-storm related.
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• Minutes, Regular Meeting, La Porte City Council
August 1, 1984, Page 7
Motion was made by Council erson Westergren to award the
bid for reconstruction and repair of the Public Works
buildings to DeMar Engineering, Inc., in the amount of
$53,700. Second by Councilperson Skelton. The motion
carried, 6 ayes and 0 nays.
Ayes: Councilpersons Westergren, Matuszak, Graves, Pfeiffer,
Skelton and Mayor Pro Tem Gay
Nays: None
13. Council considered awarding an annual contract for lime slurry.
Motion was made by Councilperson Matuszak to accept staff's
recommendation and award the annual contract for lime slurr
to Chemlime Corporation in the amount of 72.50 per ton.
Second by Councilperson Westergren. The motion carried, 6
ayes and 0 nays.
Ayes: Councilpersons Westergren, Matuszak, Graves, Pfeiffer,
Skelton and Mayor Pro Tem Gay
Nays: None
• 14. Council considered adopting an ordinance calling a special
election.
At the request of Councilperson Graves, this item was placed
at the end of the agenda.
15. Council considered awarding a bid for the restoration of
the Carter Trust property.
Motion was made ~ Councilperson Matuszak to award the bid
for restoration of-the Carter Trust property to the~low bid-
der, BWF Contractors, in the amount of~ $42,873:25. Second
by Councilperson Skelton. The motion carried, 6 ayes and 0
nays.
Ayes: Councilpersons Westergren, Matuszak, Graves, Pfeiffer,
Skelton and Mayor Pro Tem Gay
Nays: None
16. Council considered a resolution authorizing participation in
the coalition of cities with original jurisdiction in the~Hou-
ston Lighting and Power rate case.
Motion was made by Councilperson Skelton to approve Resolu-
• tion 84-9. Second by Councilperson Matuszak. The motion
carried, 6 ayes and 0 nays.
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• Minutes, Regular Meeting, La Porte City Council
August 1, 1984, Page 8
Ayes: Councilpersons Westergren, Matuszak, Graves, Pfeiffer,
Skelton and Mayor Pro Tem Gay
Nays: None
14. Item 14 was addressed at this time.
Before the ordinance was read, Mayor Pro Tem Gay read a letter
of resignation from Councilperson Kevin Graves. Mr. Graves
resigned because he is moving from the city.
Mayor Pro Tem Gay expressed his appreciation for Mr. Graves'
service to the City and his expertise on Council, and his
pleasure at having worked with him on City Council.
City Attorney Askins read: ORDINANCE 1411 - AN ORDINANCE
CALLING A SPECIAL ELECTI#'~N TO GILL A VACANCY IN THE OFFICE
OF COUNCILPERSON, DISTRICT 2; CALLING A SPECIAL ELECTION
TO FILL A VACANCY TN THE OFFICE OF COUNCILPERSON-AT-LARGE,
POSITION A; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIG-
NATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR
THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS;
• PROVIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING
FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING
FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR
CANDIDATES; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF .
Motion was made by Council erson Matuszak to adopt Ordinance
1411 as read by the Cit Attorney. Second by Councilperson
Skelton.
Before the vote, Councilperson Matuszak asked for discussion.
Matuszak: I must say it was a shock to me when I walked in
tonight to hear that Kevin was resigning. I'm getting kind
of a complex here - on either side of me - maybe a change of
deodorant will help prevent this in the future. I'm getting
paranoid - if they ever say, "Shoot the guy with the moustache",
I'm gonna be in big trouble. Except for Deotis, and I think
they can tell us apart. But seriously, I certainly will miss
Kevin, and I know whenever I needed support, Kevin was always
there. It's a great loss to the City and to this Council.
Whatever you decide to do, I wish you the best of luck, Kevin.
Westergren: Kevin, I, too, am very surprised. I realize that
• things change in people's lives, but I think it's unfortunate.
And I, along with Ed, reiterate all those things in wishing
you success in whatever you attempt in the~future.~ Thank you
for taking your time and giving it to us and the City.
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• Minutes, Regular Meeting, La Porte City Council
August 1, 1984, Page 9
Skelton: I appreciate what you've done for the City; I
appreciate working with you, being on the Council with you.
I didn' t know you before I got on the'..Council. .but a short
time, but I've come to know you and like you and understand
you, and I appreciate all the things that you've done for
the people. I was shocked to hear it when I came into the
conference room tonight. ~We'l1 miss you sorely.
Pfeiffer: I, too, would like to echo the comments that have
been made. I've known Kevin for a very long time, and I ap-
preciate the efforts that he's placed, the time he's taken
from his family to work for the City of La Porte. I know
it's a great burden for him to find the time. It's the
thanks that make the job. worthwhile; we get very few of
them, but Kevin, I do thank you.
Gam: I'm sure each of you has enjoyed the comments concerning
Mr. Graves. Like I said, I'm going to miss him most of all,
because he usually sits next to me when we go to eat, and I
always sneak something off his plate while he's looking the
other way. I'm going to miss that more - I'm just saying
• that, but truly, I am going to miss him.
Mr. Graves received a standing ovation from Council and from
those present in the Council Chambers.
Graves: I don't think I can talk. I do appreciate the op-
portunity to be able to serve the citizens. I've been down
here fighting for you and it's just really been a heck of a
challenge. Things just get better and better as they go along,
but like they said, sometimes there's some changes. You have
to change directions in your life. I'm striving to go to school
more, and work more to get my law degree, and it's just taking
up a lot of time. I feel I'm not able to serve the citizens
best and most wisely with the time I've got. I don't have the
time to devote to it~like I'd like to. My heart hurts when
I don't study the items on the agenda. So I'd like for some-
body to get in there, run for it, because I'm behind them.
I appreciate all the help and comments I've gotten from the
citizens. Thank you. Thanks also to the Councilman who took
me in as a greenwing and taught me things. There's a lot to
learn up here.
The vote on Ordinance 1411 was then taken, and carried, 5
ayes and 0 nays.
• Ayes: Councilpersons Westergren, Matuszak, Pfeiffer, .Skelton
and Mayor Pro Tem Gay
Nays: None
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• Minutes, Regular Meeting, La Porte City Council
August 1, 1984, Page 10
17. Administrative Reports
Mr. Owen reported that the Harris County Landfill is now
officially closed. We are now having to use the~Hazlewood
landfill in Baytown to dispose of the trash. This adds a
considerable load to the Sanitation Department, and makes
it imperative that we move ahead with trying~to permit our
own sanitary landfill facility.
He reminded Council that Thursday night would begin budget
sessions, starting at 6:00 P.M.
18. Council Action
Westergren: I don't have anything, .except to say once again,
thank you, Kevin.
Matuszak: I'd like to .thank the people for coming out tonight.
Regardless of how they feel about it, I do think that we need
to proceed and look at these water rates. I would request
that perhaps we put this on a workshop very soon, .to discuss
the need for a study to determine if we are in line,.and
• once again look at all the parameters, look at what it's
going to take to get some kind of levelized service. What-
ever it takes, I think we owe it to the citizens to do a
study or look into this.
Once again, I feel deeply the loss of my compadres on both
sides.
Mr. Matuszak then asked the City Manager to look once again
at the signals at Farrington and Spencer and see if we~can't
get those in before the school opens out there.'
Pfeiffer: I do appreciate the citizens coming out tonight.
I've heard very few comments, and the comments made tonight
were very enlightening. All of them have good merit. I
think we do need to have a study to evaluate~rate.processing,
and it does appear that some people do have problems with.
rates, or whatever. I don't think anybody waters more than
I water, and my highest bill was $92. We do have a problem
in this area, and I hope that we can work it out to every-
body's satisfaction. I do appreciate your efforts for coming
out, and I would like to see more of you on other issues.
The citizens seem to respond more when it gets in our pocket-
books, but there's a lot more other events that have~more~
meaning in the long run than the water bills. I would like
• to see more responses; we've got an election coming up and
it's a good time to get new blood into the~Council.
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Minutes, Regular Meeting, La Porte City Council
• August 1, 1984, Page 11
John (speaking to Mr. Longley, who was in the audience), I
was absent last week and unfortunately didn't get to tell
you goodbye. I really appreciate and learned a lot from
John. He's an excellent businessman and really did a lot
for this Council. It's hard to replace a man like him,
but the City must go on. Likewise with Kevin. It is a great
pressure on family. I look forward to working with the new
Councilmembers.
Skelton: I'd like to take the opportunity to thank all the
citizens for coming out, for giving your views. You've~cer-
tainly made Council aware of your problems, and we 'certainly
will look into this and do everything we can to make it
equitable for all the citizens. I, for one, would like~to
see the water bills at zero; but we know that can't happen.
We'll be going through budget hearings soon; we'~11 be trying
to determine where we're going to spend our money. We'd like
for you to participate in these budget hearings if you feel
like coming out. We'd like for you to. participate in govern-
ment, period. There's all kinds of ways to work in local
government. You'll have to give of yourself; it'll cost your
family some time, but it's well worth it once you get started.
• The work is hard and there's a lot to do, but you can repre=
sent everybody if you do that. I just thank you a lot again
for coming out and making your voice known. This is the~way
a democratic society works, and it's working here in La Porte.
6 ~: I can't hardly say anything that hasn't been said con-
cerning the two gentlemen here tonight, Mr. Graves and Mr.
Longley. And also I couldn't say anything to reiterate~any-
thing about the water rates and so forth. This does show
that you citizens are concerned. And as I said before,~,to
really get you out you have to touch your pocketbook, purse,
or whatever. And this has happened. So I would like to thank
all of you for coming out to let us know and voice your opinion
on it. Thank you very much.
19. There was no executive session.
20. There being no further business to come before the~Council,
the meeting was duly adjourned at 8:58 P.M.
Respectfully submitted:
Cherie Black, City Secretary
Pas ed & Approved this the
• 15 day of August, 1984
.~~
V' ginia Cline, Mayor
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RESOLUTION 84-8
JOHN D. CARR LONGLEy, COUNCILMAN, DISTRICT 2
WHEREAS, John D. Cann Lang.~ey hay been a member o~ the
La Pone C~.~y Counc~,.2 as Repneaen~a~.i.ve o~ D~,d~n.Lc~ 2; and
WHEREAS, Jahn had derived the C~.~y and D~.d~c~,c~ 2, we.~.~
fan the pads ~hnee and are-ha.~b yean.a; and
WHEREAS, due ~a h~,a ne.2aca~,i,an 5nom ~h~,d area, Jahn hab
ne~~.gned h.Ld pa.a~,~~.an ad Caunc~..~man a~ D~.~s~n~.c~ 2; and
WHEREAS, the La Pane C~.~y Caunc~,.C and the c~.~~.zend ab
La Pane gnea~.2y appnec~.a~e Jahn'd a~.gn~.~.ican~ co n~n~.bu~,i.an.a
~o the C~,~y and negne~ h~,b ne~~.gna~~.an,
NOW THEREFORE, BE IT RESOLVED by the C.L~y Caunc~..~ a~ the
C~.~y ag La Pane,
THAT, ~.n necogn~,~~,an o~ Jahn D. Cann Lang.2ey'a yean.a ab
~a~.~hbu.2 ~env~.ce as a ded-i.ca~ed member o~ the C~.~y Caunc~..2 0~
the C~,~y a~ La Pane, the Mayon and Caunc~..~memben~a have heneb y
d~.nec~ed the C~,~y Secne~any ~a prepare ~h~..a neaa.~u~~.an a.a an
expnedd~.on ab gnat-i.~ude and ea~eem ion aun ca.~.2eague and w~.ah
h~.m we.~.~ ~.n h~.a ~u~une endeavond .
PASSED AND APPROVED by the Mayan and C~.~y Caunc~.2 0~ the
C~.~y o~ La Pone, ~h~.~ the 1.a~ day ab Augu.a~, 19k4.
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C~
ORDINANCE NO. 1410
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS UPON CERTAIN PARTS
OF WEST MAIN STREET, FOR THE PURPOSE OF DESIGNATING MAXIMUM SPEED
LIMITS UPON SAID PARTS OF WEST MAIN STREET; ESTABLISHING SCHOOL ZONES
UPON CERTAIN PARTS OF WEST MAIN STREET AND UPON CERTAIN PARTS OF
FARRINGTON BOULEVARD, FOR THE PURPOSE OF SPECIFICALLY DESIGNATING SAID
SCHOOL ZONES AND THE MAXIMUM SPEED LIMITS APPLYING TO SAID SCHOOL
ZONES AT THE TIME SPECIFIED HEREIN, AND FURTHER PROVIDING THAT THE
CHIEF OF POLICE BE AUTHORIZED AND DIRECTED TO POST SIGNS AT BOTH ENDS
OF SAID SPECIAL SPEED ZONES, INCLUDING SAID SPECIAL SCHOOL ZONES
CREATED HEREIN IN SAID SPEED ZONES, ALL AS LOCATED WITHIN THE CORPORATE
LIMITS OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING
THE TERMS OF THIS ORDINANCE SHALLE BE DEEMED GUILTY OF A MISDEMEANOR
AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED $200.00;
PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
• WHEREAS, Article 6701d, Vernon's Texas Civil Statutes, provides
that whenever the governing body of the City of La Porte shall deter-
mine upon the basis of an engineering and traffic investigation that
any prima facie speed limit therein set forth is greater or less than
is reasonable or safe under conditions found to exist at any inter-
section or other place or upon any part of a street or highway within
the City of La Porte, taking into consideration, but not limited to,
the width and condition of the pavement and other circumstances on
such portion of said street or highway, as well as the usual traffic
thereon, said governing body may determine and declare a reasonable
and safe prima facie speed limit thereat or thereon by the passage of
an ordinance, which shall be effective when appropriate signage giving
• notice thereof is erected at such intersection or other place or part
of said street or highway; and,
WHEREAS, the City Council of the City of La Porte has directed
that an Engineering and Traffic Investigation take place for the purpose
of ascertaining reasonable and safe prima facie speed limits on certain
street or highways within the City of La Porte; and
WHEREAS, the results of said Engineering and Traffic Investi-
• gation have become known unto the City Council of the City of La Porte;
and
WHEREAS, the City Council of the City of La Porte finds that it
•
•
ORDINANCE NO. 1410 Page 2
is consistent in promoting the health, safety, and welfare of the
citizens of the City of La Porte to designate maximum speeds upon
said certain streets and highways of the City of La Porte based upon
the results of said Engineering and Traffic Investigation; NOW,
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. Upon the basis of an Engineering and Traffic Investi-
gation heretofore made as authorized by the provisions of Article
6701d, Vernon's Texas Civil Statutes, the following maximum speed
limits hereafter indicated for vehicles are hereby determined and
• declared to be reasonable and prudent; and such speed limits are hereby
fixed as the maximum rates of speed indicated for vehicles traveling
upon the named streets and highways, or parts thereof, described as
follows, and any speed in excess of the limits specified and during
the times as set out shall be prima facie evidence that the speed is
not reasonable and prudent and that it is unlawful, and that said
speed limits upon the named streets and highways, or parts thereof,
described as follows, are established pursuant to the Code of
Ordinances, City of La Porte, Harris County, Texas, Chapter 25,
Traffic, Article 2, Section 25-1 et sec. The above described speed
limits are hereby fixed at the rate of speed indicated for vehicles
traveling upon said named streets and highways, or parts thereof,
• described as follows, to wit:
(A) Along West Main from State Highway 146 to a point 150 feet
west of 26th Street (Sens Road), a distance of approxi-
mately 1.0275 miles; the prima facie maximum speed limit
is hereby established at 35 miles per hour.
(B) Along West Main from a point 150 feet west o.f 26th Street
(Sens Road) to Underwood Road, a distance of approximately
2.4148 miles; the prima facie maximum speed limit is hereby
established at 40 miles per hour.
(C) Special School Zones
• (1) Notwithstanding any other provisions of this ordinance,
and not by way of limitation of any other heretofore
properly designated school zones, it shall be unlawful
for any person to drive any motor vehicle at any rate
of speed in excess of 20 miles per hour at any of the
following designated school zones:
U
•
ORDINANCE NO. ~4~p Page 3
(a) Along West Main Street from a point 530 east of
Farrington Boulevard to a point 280 west of
Farrington Boulevard, a distance of approximately
.1742 miles;
(b) Along Farrington Boulevard from West Main Street
to a point 850 feet south of West Main Street, a
distance of approximately .1610 miles.
(2) The speed limit established in this -section shall be
in effect between seven o'clock a.m. and nine o'clock
a.m., and between two o'clock p.m. and four o'clock
p.m., Monday through Friday of each week, from the
first day of September, or the beginning of the school
term, whichever event first occurs, until the last day
of May immediately following, or the last day of school,
whichever event last occurs, of each and every year when
• the school zone to which such limit applies is properly
signed or posted as a school zone. Timed flashing
lights, as well as fixed signs, may be used to sign or
post a school zone, as directed by the Chief of Police
of the City of La Porte.
SECTION 2. 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 reugired 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 confirms such written notice and the
• contents and posting thereof.
Section 3. 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 the City Council to have passed each section, sentence,
phrase, clause, or part thereof, irrespective of the fact that any
• other section, sentence, phrase or clause, or part thereof, may be
declared invalid.
•
ORDINANCE NO. 1410 Page 4
Section 4. Any person, as defined in Section 1.07 (27), Texas
Penal Code, who shall violate any provision of this ordinance, shall
be deemed guilty of a misdemeanor and upon conviction shall be punished
by a fine not to exceed Two Hundred Dollars ($200.00).
Section 5. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict only.
Section 6. This ordinance shall be effective fourteen (14) days
after its passage and approval. The City Secretary shall give notice
of the passage of this ordinance by causing the caption hereof to be
• published in the official newspaper in the City of La Porte at least
twice within ten (10) days after the passage /~of this ordinance.
PASSED AND APPROVED this the ~ day of (.C-LCG.~L-CL~ , 1984.
CITY OF LA PORTE
7,,By ~ C4=cl+
Virginia Cline, Mayor
ATTEST:
City Secretary
APPROVED:
• `~~ ~N
City Attorney
r~
U
~ • •
T0: CITY MANAGER FROM: DATA;.: ~~
.. Public Works Director ~ ~ ~Jul:~r 2Z. 1982
REQUEST FOR CITY COUNCIL~AGENDA ITEM 2. X Report
1. Agenda Date Requested: August 1, 1984 _ Resolution
Ordinance
3. Project Summary:
Emergency replacement of caved-in sewer main between Broadway and First Street
at the First Baptist Church.
4. Action Required:
Council approval to fund the project from Water/Wastewater Contingency monies.
Charges from McKey Construction are $15,330.31.
5.. Alternative:
Not applicable.
•
6. Recommendation
Transfer $15,330.31 from Water/Wastewater Contingency to Sewer Line Improvements,
Account # 003-806-806-803, to fund the emergency project.
7.~ Exhibits:
Memorandum attached.
8. Availability of Funds: General Fund Water/Wastewater
Account Number:
9.
ty
~_
Capital Improvmt. General Revenue Sharing
Other
003-810-810-000 Funds Available: X Yes Nb
J
or of Public Works
Manager ~ Date
t ~~
Cl'I'Y OF LA PUR'1'}~,
INTER-OFFICE MEMORANDUM
T0: Jerry Hodge, Direct~oJr of, Public Works DATE: July 27, 1981+
FROM: Luther Maxey, s~j~sPublic Works Director
SUBJECT: Emergency Sewer Work in Alley Between First and Broadway at the
First Baptist Church
The subject sewer main is the original northern section of. the recently replaced
sewer line south of the First Baptist Church. It is a concrete line, 11 to
12 feet deep, that has been in service for longer than 30 years. The joints
are open and the top half of the pipe is missing in numerous areas. The
sewer cleaner could not pass through the line to adequately x•espond to
complaints of sewer stoppage. We found. that mud. and sections of the pipe
were falling into the flow line and causing stoppage. Additionally, the
• water blast of the sewer cleaner would cause more material to break free to
plug the sewer flow.
• City crews started the replacement project, however, due to the wet subsurface
from the open pipe, the.equipment and crew could not cope with the unstable
soil. After several cave-ins, I was afraid for 'the lives of the crew,
damage to the City equipment and possible damage to adjacent building slabs.
McKey Construction, Inc. was contacted to assist with a large backhoe,
adequate shoring materials and a crew experienced in working unstable anal
caving soil. .
To complete the project the sewer. pipe was halved to 10 foot joints, in lieu
of standard. 20 foort joints and placed between solid shoring. City crews will
complete the cleanup.
The charges from McKey Construction were $15,330.31.
If you should have any questions, please advise.
LM/lw
•
T0: CITY MANAGER FROM: DATE:.:.
. „ „ Public Works Director ~ July 2>+, 198+
REQUEST FOR CITY COUNCIL~AGENDA ITEM
1. Agenda Date Requested: August 1, 198+
2. X Report
_ Resolution
Ordinance
3. Project Summary:
Geotechnical Engineering Proposal,~Type I Municipal Landfill Permit~Appli.cation.
from Woodward-Clyde Consultants.
4. Action Required:
To approve the geotechnical engineering study for this permit application,
Contract not to exceed $35,000.
5 .. Alt~ernat ive
• Not to seek a permit/use Baytown Landfill.
.,
6. ~ Reco~nendaton
To approve the geotechnical engineering study for permit application,
contract not to exceed $35,000.
7.~ Exhibits:
Attached memorandum from Woodward-Clyde Consultants
8. Availability of Funds: General Fund Water/Wastewater
X Capital Improvmt. General Revenue Sharing
Other
Account Number: 0.15-600-806-507. Funds Avail~a~fle: X Yes No
•
9.
ty
K 1f - /17"
CITY i4iG~;'S UFFICF
;.
~:;~
•
7330 Westview Drive
Post Office f3ox 55869
Houston, Texas 77055
• 713-688-9111
Telex 762-454
July 19, 1984
Mr. Jerry Hodge
Division of Public Works
P. 0. Box 1115
La Porte, Texas 77571
•
Woodward"Clyde Consultants
Re: Geotechnical Engineering Proposal
Type I Municipal Landfill Permit Application
La Porte, Texas
WCC File: 84C6014
Dear Mr. Hodge;
We are pleased"to provide this proposal for the development of an
"Attachment 11 report and other geotechnical consulting in preparation
of a Type I Municipal Landfill Permit Application for the proposed City
• of La Porte Landfill.
The scope of our consulting services for this project will be designed
to satisfy all geotechnical requirements outlined in the Texas
Department of Health (TDH) "Municipal Solid Waste Management
Regulations" with revisions effective 12 July 1983. Specific phases of
the consulting services are:
o Geotechnical Field Investigation - We will make additional
geotechnical borings (11 to 14 additional borings in the 20 to
40 ft depth range) to complement borings advanced during the
preliminary site evaluation. We will also install 3 or 4
permanent groundwater monitoring wells as per the requirements
for at least 1 uPgradient and 2 downgradient monitoring
wells. If a strong interest fs evidenced by the TDH, we will
perform resistivity sounding and profiling of~the site.
o Laboratory Evaluation - We will conduct a
engineering property tests in our Houston Soil9Mechanicsdex and
Laboratory in order to develop operational and groundwater
protection recommendations for the proposed landfill. These
tests will include:
•
Consulting Engineers, Geologists
and Environmental Scientists
Offices in Other Principal Cities
•
Division of~Public Works
Mr. Jerry Hodge
July 19, 1984
Page 2
- Index Properties
o Natural Moisture Content
o Dry Unit Weight
o Atterberg Limits
•
Woodward-Clyde Consultants
o Grain-Size Distribution Analyses
o Unconfined Compression Tests
- Engineering Properties
o Standard Proctor Compaction Tests
o Falling Head Permeability Tests on both
undisturbed and compacted samples.
o Engineering Analysis and Report Preparation - We will prepare
• a Geotechnical Engineering Report for inclusion as Attachment
11 in the permit application. This report will discuss the
general site geology, the specific site subsurface
characteristics, the specific site groundwater conditions, the
area groundwater regime, and geologic hazards (growth faults
and subsidence). The report will also provide recommendations
for site specific landfill operation such as excavation depths,
safe excavation slopes, field compaction requirements,
groundwater protection requirements, soil and liner quality
control plans, methane monitoring and/or collection, etc.
o Liaison with TDH, Hennfngson, Durham and Richardson (HDR) and
the Division of Public Works (DPW) - Close liaison with the
TDH is Austin is necessary to insure compliance with their
policies and technical requests during conduct of the
geotechnical engineering program and to insure understanding of
the results and recommendations prior to formal submission of
the permit application. Also, liaison will be maintained
between DPW, HDR and WCC during development of the permit
application.
A proposed budget for this geotechnical engineering study is -provided on
the attached table.
•
•
Division of Public Works
• Mr. Jerry Hodge
July 19, 1984
Page 3
•
Woodward-Clyde Consultants
Typical time required from a notice to proceed to completion of
"Attachment 11" geotechnical report is approximately 2 months. However,
we anticipate that•additional consultation with DPW and FIDR and meetings
with the TDS may be necessary after completion of the report.
Because of the presence of growth faults in the general area of this
site and some evidence that a fault may exist on the property south of
the site, some additional geological study will be required relative to
the the fault issue. We will try to develop sufficient evidence from
existing data (additional aerial photos, geophysically logged borings,
etc.) to demonstrate that no active growth faults cross the site.
Gathering and interpretation of this type of evidence is reasonably
straight-forward and should be budgeted at $1,500 to $3,000. If,
however, this type of study does not satisfy the TDH or if intervener
claims must be refuted, a more extensive fault study may be required.
The more extensive study, commonly referred to as a "Second Phase"
study, requires a series of deep geophysically logged borings in order
to check for offsets of geologic units (direct evidence of faults).
• A second phase fault study would be conducted if required to satisfy the
TDH or in defense of the permit application. That study would be
conducted to verify a fault does not exist on the proposed landfill site
or is not present within some distance from the proposed site such that
it would affect the site.
We anticipate that our work would include the following:
o Conduct a field study consisting of geophysically logged boring
holes approximately 300 ft deep along traverses normal to
suspected fault directions; and
o Prepare a report outlining our findings with appropriate maps to
illustrate the location of borings, any fault locations, and
hazard zones.
The most reliable method of establishing fault locations is by
geophysically logged boreholes in lines approximately normal to a
fault. Typically, three to five boreholes per line are required to
establish fault offset with any degree of reliability. A single line of
borings may be suitable to resolve the presence or absence of a fault
along any one boundary. However, two or more lines of borings may be
required to show an absence of faulting on a property, particularly if
it is necessary to define the distance to a fault that is nearby but
offsite.
LJ
Division of Public Works
• Mr. Jerry Hodge
July 19, 1984
Page 4
•
Woodward•Clyde Consultants
Based on our experience, costs for such studies typically range from
$1,500 to $2,000 per boring including geophysical logging and our
report. We anticipate that the costs to conduct the study at and
adjacent to the proposed landfill site then might range from $10,000 to
$40,000. The magnitude of the second phase study would depend entirely
on the reason for conducting the study.
If a second phase study becomes necessary, the anticipated time required
to complete the study would be 4 to 6 weeks.
In summary, we anticipate the geotechnical engineering study for this
permit application will require a budget in the range of $20,000 to
$35,000. Additional gathering and interpretation of data relative to
non-existence of active growth faults on this site may require an
additional $1,500 to $3,000. If, in defense of the permit application,
a second phase fault study is required, it should be budgeted at $10,000
to $40,000.
We look forward to providing these services for you. If you have
• questions or require additional information, please call.
Respectfully yours,
~~
B. Rent Merritt, P.E.
Project Manager
Reviewed by:
~G~~~
L. A. Wol skill, P.E.
Principal
BRM:LAW:cjs
•
• • •
Woodward•Clyde Consultants
GEOTECHNiCAL ENGINEERING BUDGET - ATTACHMENT 11
FIELD INVESTIGATION
•
Mob/Demob (1 mob./demob.) Est.
Borings (I1-14 borings)
o Continuous Sampling, 0-15',
150-200 ft @ $12.00/ft
o Continuous Sampling, 15'-50',
50-130 ft @ $14.25/ft
o Intermittent Sampling, 0-75',
40-100 ft @ $9.25/ft
Monitoring Wells (3-4 wells)
o Reaming of borehole, 75-100 ft. @ $5.00/ft
o Materials, Est. @ $175/well
o Installation, 12 to 16 hrs @ $55.00/hr
Field Resistivity Survey (May not be required)
o Resistivity Equipment, 1 wk. @ $150.00/wk
o Resistivity Technician/Geologist,
11 man-days @ $500.00/day
Field Engineering
o Project Manager, 8 hrs @ $75.00/hr
o Staff Engineer, 5-7 man-days @ $450.00/day
Subtotal - Field
$ 800.00
1,800.00 - 2,400.00
712.50 - 1,852.50
370.00 - 1,110.00
375.00 - 500.00
525.00 - 700.00
660.00 - 880.00
0 - 150.00
0 - 5,500.00
600.00
500.00 - 1,000.00
$ 6,342.50 - $15,492.50
* As with the preliminary site study, we have assumed that surveying and
any special equipment necessary for site access will be supplied by others.
LABORATORY TESTING
o Index Tests, Est. @ $5.00/ft
o Standard Proctor Tests, 2-4 tests
o Falling Head Permeability Tests,
12-16 tests
Subtotal - Laboratory
$ 1,300.00 - 2,150.00
200.00 - 400.00
1,L200.00 - 1,600 00
$ 2,700.00 - 4,150.00
• Page 1 of 2
• •
Woodward-Clyde Consultants
ENGINEERING ANALYSIS AND PREPARATION OF ATTACHMENT 11
o Principal, 6 hrs @ $100.00/hr
60 0.00
o Project Manager, 50-60 hrs @ $75.00/hr
3,750.00 _
4,500.00
o Project Geologist, 8-12 hrs @ $65.00/hr
520.00
- 780.00
o Project Engineer, 40-50 hrs @ $65.00/hr
2,600.00
- 3,250.00
o Staff Engineer/Geologist, 30-50 hrs @ $50.00/hr 1,500.00 - 2,500.00
o Draftsman, 12-24 hrs @ $35.00/hr
420.00 - 840.00
o Word Processor, 24-40 hrs @ $35.00/hr
840.00
- 1,400.00
o Clerk, 8 hrs @ $25.00/hr
200.00
o Travel Expenses **
600.00 - 1 200.00
Subtotal - Engineering Analysis
and Preparation of Attachment 11 $ 11,030.00 - 15,270.00
TOTAL ESTIMATED BUDGET $ 20,072.50 - $34,912.50
** Assumes 3-5 trips to TDH in Austin by Project Manager and
• 3-5 meetings with La Porte Public Works and
/or City Council
Unknowns which may affect budget:
o Additional or different requirements imposed by the TDH;
o Additional meeting in Austin (TDH), La Porte (DPW) or Dallas (HDR);
o Subsurface anomalies not discovered during preliminary engineering
study; and
o Additional scope items resulting from operational procedures suggested
by DPW or HDR.
Invoicing will be monthly with invoiced fees based on the attached schedule of
unit fees.
• Page 2 of 2
•
1 January 1984
•
Woodward•Clyde Consultants
SCHEDULE OF FEES -ENGINEERING
PERSONNEL Principal, Sr. Consultant $100.00/hour
Associate, Consultant $90.00/hour
Sr. Project Engineer, Geologist $73.00/hour
Project Engineer, Geologist $63.00/hour
Asst. Project Engineer, Geologist $60.00/hour
Sr. Staff Engineer, Geologist $33.00/hour
Staff Engineer, Geologist $50.00/hour
Sr. Technician $43.00/hour
Technician $33.00/hour
Draftsperson ~ $33.00/hour
Technical Typist $33.00/hour
Clerk
$23.00/hour
EXPENSES Use of mico-computer will be charged at $40.00 per hour. Use of
company automobiles will be charged at $0.33 per mile. Automobiles and
light trucks assigned to field sites will be charged at $33.00/day (includes
allowance of SO miles per day). Excess mileage charged at $0.33 per
,mile. Specialized field testing equipment will be charged at a rental rate
as determined in the proposal. All other identifiable direct costs incurred
will be charged at cost plus fifteen percent (1396). Examples include:
subsistence pay; fares of public carriers; communications; special supplies
and/or disposable equipment, tolls and parking; outride drafting,
stenographic, or printing supplies (including outside printing of
photographs, photostats, blueprints, eta); special fees and insurance;
permits and licenses; shipping charges; outside computer charges and
programming.
PAYMENT Our invoices will be submitted monthly for work in progress. Payment is
• due by the thirtieth (30th) day following the date of the invoice. A
charge of one and one-half (1-1/296) per month is made for invoices paid
more than thirty (30) days after the invoice date. Any attorney's fees or
other costs incurred in collecting delinquent amounts shall be paid by the
Client.
CONDITIONS Woodward-Clyde Consultants warrants that our services are performed,
within the limits prescribed•by our Clients, with the usual thoroughness
and competence of the engineering profession. No other warranty or
representation, either expressed or implied, is included or intended in our
proposals, contracts, or reports.
For any damage .on account of any error, omission, other professional
negligence, our liability will be limited to a sum not to exceed $50,000 or
our fee, whichever is less. In the event that the Client does not wish to
limit our professional liability to this sum, we will waive this limitation
upon the Client's written request provided that the client agrees to pay
for this waiver an additional consideration of 1096 of our total fee or
$1,000, whichever is greater. The Client further agrees to notify any
contractor and subcontractor who may perform work in connection with
any design, report or study prepared by Woodward-Clyde Consultants of
such limitation of professional liability for design defect, errors,
omissions, or professional negligence, and to require as a condition
precedence to their performing their work, a like indemnity and
limitation of liability an their part as against Woodward-Clyde
Consultants.
In the event that the Client makes a Uaim against Woodward-Clyde
Consultants, at law or otherwise, for any alleged error, omission or other
act arising out of the performance of our professional services, and the
Client fails to prove such claim upon final adjudication, then the Client
shall pay all costs incurred by Woodward-Clyde Consultants in defending
itself against the claim, including but not limited to, personnel-related
• costs, attorneys' fees, court costs and other claim-related expenses.
We will not be liable for damage or injury arising from damage to
subterranean structures (pipes, tanks, telephone cables, eta) which are
not called to our attention and correctly shown on the plans furnished us,
in connection with work performed by us.
H-1
1 January 1984
•
Woodward•Clyde Consultants
• ~ ~ •
SCHEDULE OF FEES -FIELD
MOBILIZATION AND
TRANSPORTATION Drill rig, water truck
Drayage, Permits for equipment $ 3.00/mile
C
ost + 1596
SOIL BORINGS Soil Borings, truck mounted rigs on land
0-75' samples at S ft intervals $ 9.25/foot
Over 75' samples at 5 ft intervals $11.50/foot
Over 75' samples at 10 ft intervals $10.50/foot
Over 150'
0-15' continuous sampling On Request
$12.00/foot
15-50' continuous sampling $14.25/foot
SO-75' continuous sampling $15.50/foot
Osterberg or Pitcher Sampling surcharge 27.50/sample
Wash or Auger Borings ~ 7.00/foot
Hourly Drilling Rate (no footage charge)
Truck
Hourly Drilling Rate (no footage charge) $95.00/hour
ROCK CORING Continuous NX cores, 0-100' $115.00/hour
On Request
Replacement of lost casin and bits
g Cost + 1596
INSITU TESTING Field Vane Shear Test, 0-SO'
$87.50/test
• Menard Pressuremeter Tests
WCC Cone Penetration Tests On Request
Dutch Cone Penetrometer On Request
On Request
OTHER CHARGES Setting and removing casing
$ 6.00/
foot
Standby of crew and equipment, and .
moving time in excess of 1/2 hr/boring $85.00/hour
Rental of special •equipment for access
Surveying Cost + 1596
Drilling mud and additives below 200 ft Cost + 1596
Cost + 1596
Marsh equipment rental Cost + 1596
Per diem allowance for crews Cost + 1596
Inclinometers and static level piezometers
(minimum charge $150.00 ea)
Pick up truck On Request
$35/day + $0.35/mile
Sampling 'tubes destroyed during Sample
Removal Cost + 1596
NOTES Prices for items not described above will be furnished on request.
Right of entry to exploration sites must be provided by the client
unless other arrangements are agreed upon.
Restoration of site required by the client will be billed additional to
the above rates if performed by us.
Overtime in excess of 8 hours per day, Saturda
' y, Sunday or holidays
• at client
s request charged at $12.50/hour in
rates shown above. Drilling will be surcharged addition to standard
$3
00/ft wh
equipment is required or drilling is over water. .
en marsh
Surcharge foc drilling in contaminated material On Request
H-3
.. ~ •
1 ,,nary 19x4 Woodward•Clyde Consultants
• SCHEDULE OF FEES -LABORATORY
CLASS[FiCAT1ON
AND INDEX TESTS 101.
102. Visual dassitlcatian, without subsequent testing
Natural water content Unit Price
~ 6.00 ea
103. Dry unit weight Et water content
Li $ 7'30/ea
00/e
$ 18
quid do plastic limits .
a
104.
lOS. a. one-point method
• b. three-point method $ 38.00/ea
106.
m fall Done method
Mechanical analysis $ ~~~/~
$40.00/ea
• 107.
108.. a. Past Ping 0200 sieve
b. sieve anelyala through 0200 sieve by wash sieving $23.00/ea
-
109.
110.
G sieve eflalysis including hydrometer test
Spedilc gravity, single apecLnen $34.00/ea
$ 68A0/ea
111..
112. Packet penetrometer or torvane
Miniature vane,includtng water content ~ $ 41.00/ea
$ 3.00/ea
Permeability $ 24.00/ea.
113.
114. a. falling head
b. eanitant head $100.00/ea
113.
o constant head, with back pressure $123.00/ea
~.
set "~
~
r Saoo.oo/ea
116. Organic
cantent, bu
n-ofi method $ 10.00/day
117. pH S 23.00/ea
118. 5
119.
120- Special handling of samples
-Slaking Test $ 33.00/hr
$ 32.00/hr
• 121- PiNwle Dispersion Test $ 83.00/ea
- 122: Bulk Density Test ~ $100.00/ea
On Request
STRENGTH AND
COMPRESSIBILTY 201. Unconfined compression, aoU specimen, inctides natural water •
TESTS
202. content ~ dry unit weight
Confined Dom
prcssian, Boll spedmen
includes natur
l
$30.00/ea
203. ,
a
crater
Stress-strau~i curve Earl 201. do 202.
S 42.00/ea
Triaxial teats (standard 2.9 in.speelmen) ~ $ 21.00/ea
' 203. b. uneansoIIdat~ed-undrained (UU) triple stage PK speeunen ~ $ 63.00/ea
206. aconsolidated-isotropically undrained with bads pressure $140.00/ea
• (CIU), Per specimen
207.
d. oauoIIdated-isotropically drained (CID) with bads pressure, $313.00/ea
208. e. cor~lldst~ed-iaoaopiaWy dr~ d~(CID) with bads pressure - $190.00/ea
209. ,
f. con olidatepd-Isotropically drained (CID) with bads $260.00/ea
pressure, sLt/day
• Notes for (c), (d), (e), (f) shoves $470.00/ea
1. visual classification, water content and dry weight
210:
211 determinatioro
2. pore pressure measurements
3
$120
00 ea
..
212• . trimming each specimen to a reduced diameter
4. preparation fa each remolded or reconstituted .
$ 26.00/ea •
specimen
S. tabulation of a1-a3,A
, A-factor and a
versus
/a $ 32.00/ea
_ U
1
3
axial strain
213.
214. 6. plotting of above data ~
7: tabulation and plotting of Q, p
E and normalized d
t No Charge
$36.00/ea
,
a
a
Direct Shear $210.00/ea
,' 213.
216. a. unconsolidated
b. conso4dated-undrained,sand
$ 68.00/ea
217. a consolidated-drained, silt clay $137.00/ea
218. Direct simple shear $221.00/ea
Consolidation and swell tests ~ Request -
219.
220. a. set-up
b. each 24-lour load unload increment
$ 89.00/ea •
• 221. a each t90 plus 1-I+our load/unload increment $ 29.00/ea
222. d. Preparation of remolded specimen $ 37.00/ea
$ 36.00/ea
EARTHWORK
TESTS - Moisture-density relatIanships
301.
~2• a. ASTM D-698 or AASHTO T-99 4 in. mold
b. ASTM D-698 or AASHTO T-99 6 in
mold
$103.00/ea •
703•
304• .
a ASTM D-1337 or AASHTO T-180 4 in. mold
d. ASTM D-1337 or AASHTO T-180 6 In. mold $110.00/ea
$110.00/ea •
303. e. sample pr'eparatian for replacement of 3/4 in. material
Lime/cement stabilization $113.00/ea
$ 32.00/ea •`•
306.
307. a. plasticity index, per each lime content
b. sample preparation for moi
t
$ 42.00/ea
• s
ure-density rclatlonshlps
308. a compressive strength, per specimen, including molding Qc curing
Calitarnia bearing ratio (CBR) $113.00/ea
3 0. b. tielabaratorY. PK specimen
d. Per test $140.00/ea
Field in-place density tests (not including travel do stand-by costs)
311 On Request
• .
312• a. nuclear method (minimum 3 per trip)
b. ,sand-cone or volumeter method (minimum 3
er tri
) $ 25.00/ea
p
p $ 40.00/ea
NOTE: 2396 Surcharge far contaminated sample testing
H-4
• •
T0: CITY MANAGER FROM: Director of Public Works DAT~:.July 18, 1984
REQUEST FOR CITY COUNCIL~AGENDA ITEM 2. X Report
1. Agenda Date Requested: August 1, 1984 _ Resolution
Ordinance
3. Project Summary:
Reconstruction and repair of Public Works
~+. Action Required:
To approve awarding contract to low bidder, De Mar Engineering
5 .. Alternative
• No alternative
0
6. Recommendation
To approve awarding contract to low bidder, De Mar Engineering for $53,700.
7. Exhibits:
See attached.
8. Availability of Funds: General Fund Water/Wastewater
Capital Improvmt._ General Revenue Sharing
Other
Account Number: ~~~- ~~~-- ~pQ~SO~s Avaiil~~le: X Yes No
•
9.
Counc
~J
e R _T~ - ~ ~
G [ITV NAho~c~ nrr~ne-
INTER-OFFICE MEMORANDUM
•
T0:
J. Hodge - Director of Pub
JULY 17, 1984
C~
FROM: J. Ray - Purchasing
SUBJECT: Sealed Bid 460046 - Re
tion and kepair of Public Works
Advertised, sealed bids 460046 for the Reconstruction of Storm Damage to
the I. J. Kibodeaux Memorial Public Works Service Center were opened and
read in City Council Chambers July 9, 1984. Plans and specifications for
this project were prepared by Gaddy and Paul Inc., Structural Engineers
of Houston, Texas.
A total of ten sets of specif ications and blueprints were picked up from
the Engineer's offices and a total of ten bids were received. The bid
submitted by Longhorn Welding Service was rejected for lack of bidders
bond.
Sureties were retained on the low three bidders until a complete evaluation
could be made of each firm's proposal. The three low bids are shown below:
(1) De Mar Engineering - $53,700
(2) Drymalla Construction Company - $60,018
(3) Moore & Moore General Contractors - $62,820
Low bidder was asked to submit a detailed chronological construction schedule
and a list of work references prior to award. All material requested was sub-
mitted July 13, 1983. Both the proposed sixty day construction schedule and
De Mar Engineerings' list of references were favorable.
I hereby recommend awarding the Reconstruction of Storm Damage at the Public
Works Facility to De Mar Engineering in the amount of $53,700 and a completion
time of sixty days after award. Should ycu have any questions concerning this
recommendation please advise.
JR/mb
cc: B. Herrera
S. Gillett
L. Maxey
•
.Sealed Bid ~~0046: •
Reconstruction and Repair De Mar Drymalla Moore & G.E.M. Comex Follis
of Public Works Eng. Inc. Const. Co. Moore Contractin Corp. Const. Co.
• Inc. General Co.
Contractors
Bellair, Tx ~,olumbus La Porte, Houston, Deer Park La Porte
`~ Tx. Tx. Tx.
1. Base Bid 53,700.00 60,018.00 62,820.00 63,400.00 64,900.00 66,380.00
2. No. of Days :to Start Work 5 Days 30 Days 10 Days 10 Days. 10 Days 5 Days
3: Complete Construction Within 60 Days 120 Days 120 Days 90 Days 60 Days 90 Days
4. Extra Work Performed at 10% 15% 10% 10% 10% 10%
Cost Plus
5. Deduct Alternate ~~1 2,000.00 1600.00 2245.00 2655.00 2800.00 5410.00
6. Deduct Alternate ~~2 6,466.00 7,050.00 7,500.00 4,508.00 6,600.00 9
778
00
,
.
7. Bid Bond O.K. O.K. O. K. O.K. O.K. O.K
.
8. Li uidated Damages for Lat $200/day $200/.day $200/day $200/day $200/day $200/day
Com letion
ecei t of Addendum 4~1 Yes Yes Yes Yes Yes Yes
•
Page 2
Sealed Bid ~~0046:
Reconstruction and Repair
of Public Works
•
• Holley Southwest Cram
Brothers Construc- Const.
Enterprise tion,.Inc.
Inc.
Longhorn
Inc.. Welding
. Service
asadena,~ League Cit Pearland,
1. Base Bid 68,650.00 68,764.00 74,999.00 Bid
e'ected
No Bond
2. Number of Days to Start Work 15 Days 15 Days 10 Days
3. Complete Construction Within Days 120 Days 97 Days 60 Days
4. Extra Work Performed at Cost plus % Not Shown 20% 15%
5. Deduct Alternate 4~1 1,544.00 4,269.00 1,000.00
Deduct Alternate 4~2 7,218.00 7,471.00 5,000.00
7. Bid Bond O.K. O.K. O.K.
8. Liquidated Damages for Late Construction $200/day $200/day $200/day
9. Receipt of Addendum ~~1 Yes Yes Yes
•
T0: CITY MANAGER FROM: DATE:.
Public Works Director Juljr 1Z, 1.98+
REQUEST FOR CITY COUNCIL~AGENDA ITEM 2. X Report
1. Agenda Date Requested: ~ f _ Resolution
Ordinance
3. Project Summary:
Annual contract to purchase lime slurry.,
~+. Action Required:
Approve recommendation to accept low bid and execute contract.
5.. Alternative:
Buy on the spot market.
•
6. Recommendation
Accept bid.
7. Exhibits:
Attached.
B. Availability of Funds: General Fund Water/Wastewater
Capital Improvmt. General Revenue Sharing
Other
Account Number: Funds Availab e,~ X Yes Nb
i
• Jerry Ho g ~ N
Requeste ~i
ty Council Agenda
-7 -! ~- ~~
CITY MGR'S OFFICE
• INTER-OFFICE MEMORANDUM
. JUNE 20, 1984
T0:
L. Morris - Street Superintendent
J. Hodge - Director of Publie-~Ior
FROM: J. Ray - Purchasing
SUBJECT: Sealed Bid X0044 - Lime
Advertised sealed bids X0044 for the City of La Porte's annual "Lime Slurry"
contract were opened and read in City Council Chambers June 18, 1984 at 4 p.m.
Bid invitations were mailed to five area manufacturers and contractors with
the following three vendors submitting proposals; (1) Chemlime Corp., (2)
Limeco Inc. and (3) Southwest Basics, Inc.
City of La Porte specifications asked for pricing on "Lime Slurry" that
would meet specification X264 established by the Texas Highway Dept. in
1982. Pricing was to be submitted for lime slurry picked up at the plant
and delivered to the jobsite. O~ly Chemlime of La Porte, Texas submitted
both delivered and picked-up pri ing.
A low bid of $65.50 per ton of d y solids delivered was submitted by Southwest
• Basics Co., Inc. of Richmond, Te as. A detailed review of this firm's physical
plant reveals the lack of an on site certified weight scale to verify weights
before delivery. Since this product is paid for by weight and not by volume,
I have rejected the low bid due to their inability to certify true weight.
I hereby recommend the City of La Porte award its annual contract for the
supply of lime slurry to Chemlime Inc. in the amount of $72.50/ton delivered
and $65.00/ton picked up. The delivered price reflects a 9X decrease in the
price currently being paid for this product. I trust this recommendation
will meet with your approval.
JR/mb
•
cc: B. Herrera
~`t
~.
L'
_ , .•
M ~
ITEM; SEALED BID #0044
• Lime Slurry
1. A. Lime Slurry - Delivered to
Jobsite - Full Truckload Q
B. Price F.O.B. Plant per Ton
Product must comply with Texas Highway
Dept. Specification #264 "Hydrated. Lime
and Lime Slurry" published in 1982
The term of theis contract is one year
kith an option to renew for one year.
•
Chemlime Limeco, Inc Southwest olland
Corp. Basics Soil
\ Stabil
Inc.
$72.50/toa~$82.50/ton$65.60/ton ~ No Bid
Pricing Und
1983-84
Contract
#034-06-84
79.50/t
•
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
TO: Jack Owen - City Manager
•
DATE: July 27, 1984
FROM: John Joerns - Director of Community Development
• H. Carlos Smith, Engineer - 'Site Restoration Project
SUBJECT: Bid Opening & Recommended Award for Site Rehabilitation
& Restoration of Mattie K. Carter Trust Property
HCS X1675-83 CLP X84-9101
On July 20, 1984 bids for the rehabilitation and restoration
of the Mattie K. Carter Trust property were received. There were
minor irregularities in two of the bids received.e However,
neither of these bids were competitive with the low bid of
$42,873.25 submitted by B.W.F. General Contractors, Inc.
Contractor
B.W.F. General Contractors,
Inc.
eWalker Dumptrucks, Inc.
Hills Sand Co., Inc.
TQt~.~d Coq~pletion Time
(Calendar Days)
$42,873.25 30 days
$48,550.00 45 days
$49,852.00 60 days
eMcKey Construction & $86,072.50 30 days
Equipment Inc.
Engineer's Estimate $131 350.00 -
r •
•
Reeo.mme~dBtion
The Project Engineer, H. Carlos Smith, P.E. and staff both
recommend the site rehabilitation and restoration contract be
awarded to B.W.F. General Contractors, Inc. of La Porte. The
total estimated project cost of $57,176.07 is outlined below.
TOTAL ESTIMATED PROJECT COSTS
SITE REHABILITATION & RESTORATION CONTRACT
HCS ~ 1675-83 CLP X84-9101
C~
•
estimated Tot 1
Construction Contract $42,873.25
10~ Construction Contingency 4,287.33
Engineering Fees 3,215.49
Additional Services 4,500.00
Laboratory Services 2,300.00
TOTALS $57,176.07
~~
H. Carlos Smith, P.E.
Engineer - Site Rehabilitation
& Restoration Project
HCS ~ 1765-83
7-~~-~`~
t,t
Pd To Date
-0-
-0-
$2,733.17
3,305.40
$6,038.57
ohn J erns
Dire or of Community
Development
CLP X84-8101
Y CfTY MGR'S UFFICE .~
~.
RESOLUTION NO. 84-9
• A RESOLUTION SUSPENDING THE PROPOSED IMPLEMENTATION BY HOUSTON LIGHTING ~
POWER COMPANY OF REVISED RATES TO BE CHARGED IN THE CITY OF LA PORTE
TEXAS. .
RESOLUTION
WHEREAS, as oa June 15, 1984, Houston Lighting & Power Company
("the Company") filed a Statement of Intent to change its rates for electric
service within the City of La Porte and has requested that said changes
become effective on July 20, 1984; and
WHEREAS, the Company has filed revised Tariff Schedules together with
statements specifying in detail each proposed change, a rate filing package,
and supporting testimony; and
WHEREAS, Section 17 (a) of the Public Utility Regulatory Act,
Article 1446c, Texas Revised Civil Statutes, gives the governing body of each
municipality exclusive original jurisdiction over electric rates within its
•
municipal boundaries; and
WHEREAS, Section 43 (d) of the Public Utility Regulatory Act authorizes
the governing body of any municipality acting as a Regulatory Authority to
suspend the operation of any proposed change in rates for a period not to
exceed ninety (90) days beyond the date on which the scheduled rates would
otherwise go into effect; and
WHEREAS, the Company's proposed electric rate changes and the detailed
material supporting those changes require comprehensive evaluation and study;
NOW, THEREFORE,
IT IS HEREBY RESOLVED by the City Council of the City of La Por tP •
Texas: That the change in rates for electric service within the City of
La Porte proposed by Houston Lighting & Power Company to become effective
• on July 20, 1984 should be, and are hereby, suspended for a period of
ninety (90) days beyond said proposed effective date. until October 18, 1984.
•
•
BESOLIITiON NO. 8 4 - 9
• A RESOLUTION OF THE CITY OF r,p, ORTF. ,TEXAS, RATIFYING
AND AUTHORIZING ITS PARTICIPATION IN THE COALITION OF
CITIES WITH ORIGINAL JURISDICTION TO INCLUDE DATA SHAR-
ING AND INTERVENTION WITH SAID COALITION IN THE HLd~P
RATE REQUEST, DOCKET NO. 5779, BEFORE THE PUBLIC UTILITY
COMMISSION OF TEXAS.
WHEREAS, on June 15, 1984, Houston Lighting and Power Company (HLdcP)
filed a Statement of Intent to change its rates for electric service within the City
of T•a p„rtQ ,Texas, and throughout its service area, and has requested that said
changes become effective on July 20, 1984; and,
WHEREAS, the Public Utility Commission of Texas has original jurisdiction
over said rate request within the unincorporated areas of the service area; and,
WHEREAS, the City of La Porte ,Texas, has original jurisdiction over
said rate request within its corporate limits and;
WHEREAS, the complexities of the issues and the magnitude of the requested
• rate increase requires extensive study, data and analysis for the City to responsibly
exercise its original jurisdiction and protect the general welfare of all ratepayers within
its boundaries; and,
WHEREAS, the City of La Porte ,Texas, desires to cooperate in a joint
effort with other cities with original jurisdiction to provide for an adequate analysis of
the issues raised by the rate change request and to retain real authority and establish a
genuine impact on the rate setting process by municipalities with original jurisdiction;
NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE
CIl'Y OF LA PORTE ,TEXAS:
THAT the City Council of the City of La Porte ,Texas, hereby
ratifies and authorizes the full participation of the City of La Porte ,Texas, in
the Coalition of Cities with Original Jurisdiction, to include data and analysis sharing and
intervention as a member city of the Coalition in the HLacP Rate Change Application,
Docket No. 5?79, now pending before the Public Utility Commission of Texas.
r~
u
• ~
• Introduced, read and passed by the affirmative vote of the City Council
of L a or to Texas, in regular meeting, on this the is t day of
August 1984.
ATTEST:
G
City Secretary
~~ I
(City .Seal)
:// i
'1
• 1~ '
APPROVID
... ,
~,
~~
c~~C GAG ,~!' ~'~~/.'
City Attorney
n
U
•
•
PHONE (713) 471-5020 a P. O. Box 1115
®~Ji~
o LA PORTE, TEXAS 77571
I~~.~Z_
MEMORANDEM
AUGUST 1, 1984
T0: MAYOR AND COUNCIL
FROM: COUNCILMAN GRAVES
THIS IS TO INFORM YOU OF MY RESIGNATION FROM THE CITY
COUNCIL OF THE CITY OF LA PORTE. I MAKE MY RESIGNATION EFFECTIVE
UPON ITS READING IN THE REGULAR MEETING ON AUGUST 1st. IT HAS
BEEN A PLEASURE AND A CHALLENGE FOR ME~FOR THE PAST YEARS THAT I
HAVE SERVED MY CITIZENS. I REGRET THAT I WILL NOT BE ABLE TO
CAST VOTES BUT I AM HAPPY THAT I WILL BE ABLE TO RETURN TO THE
CITY AND HELP IN ANY WAY THAT I CAN.
I LEAVE MY FELLOW COUNCILMEMBERS WITH THE HOPES THAT YOU
WILL GOVERN THIS CITY IN THE BEST INTEREST OF THE CITIZENS THAT
HAVE MADE THE CITY OF LA PORTE SUCH A GREAT TOWN. PLEASE FEEL FREE
TO CALL ON ME ANY TIME THAT MY EXPERTISE CAN BE OF SOME ASSISTANCE.
e ~~
KEVIN G.GRAVES
•
• •
•
~`
KNOX W. ASKINS, J. D., P. C.
ATTORNEY AT LAW
•
JOHN D. ARMSTRONG, J.D.
ASSOCIATE
RETURN RECF~IPT REQUESTED
EXPRESS MAIL
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE, TEXAS 77571-1216
TELEPHONE
713 471-1686
July 26, 1984
Office of the Secretary of State
Elec ons Division
P. Box 12887
Au tin, Texas 78711-2887
entlemen:
I represent the City of La Porte, a Home Rule city, in Harris County,
Texas. By its Home Rule Charter, the term of office for the Mayor
and each Councilperson is three years. On July 19, 1984, a Council-
person resigned, creating a vacancy in office.
The Home Rule Charter of the City of La Porte tracks the language of
Article 11, §11, Texas Constitution, which provides that "any vacancy
or vacancies occurring on such governing body shall not be filled by
appointment but must be filled by majority vote of the qualified voters
at a special election called for such purpose within one hundred twenty
(120) days after such vacancy or vacancies occur."
However, Article 2.Olb, Texas Election Code, provides uniform dates. for
• election. The vacancy occurred on a date which rendered it too late
to call an election on the uniform election date of the second Saturday
in August. There is no other uniform election date under Article
2.Olb, Texas Election Code, within 120 days from the date the vacancy
occurred.
Article 2.Olb, Sub-section (b), Texas Election Code, provides for a
non-uniform election date in such situations where an emergency exists
and permission is granted by the Governor for the holding of an
election. No emergency fact situation exists in connection with
this resignation.
• Finally, Article 2.Olb, Texas Election Code, Sub-section (e), provides,
in the final phrase thereof, "except that the election shall be called
for some other date within the time period where the Constitution
requires it."
It is my opinion that Article 11, § 11, Texas Constitution, is self-
operative, and controls where in conflict with any provision of the
Texas Election Code, a statute. However, the Texas Secretary of
~° 6
•
r~
•
•
~J
~~
Office of the Secretary of State
Austin, Texas 78711-2887
Page 2
7/26/84
State, in Election Law Opinion No. DAD-23 (1982), held, in inter-
preting Article 11, § 11, Texas Constitution, that "a special election
to fill a vacancy must be called within 120 days from date the vacancy
occurs; if it is impossible to legally call an election within the
120-day Constitutional period, an election may be called on either
the next uniform election date, under Subdivision (a) of Article
2.Olb, Texas Election Code, or on another date authorized by the
Governor under Sub-section (b), of Article 2.Olb, Texas Election
Code."
I respectfully 'request, as City Attorney of the City of La Porte,
that your office issue its opinion that the City of La Porte may call
an election to fill a vacancy in office, of a Councilperson having
a three year term of office, within 120 days of the date the vacancy
occurs, as mandated by the provisions of Article 11, § 11, Texas
Constitution, and may do so on a non-uniform election date, where a
usable uniform election date does not occur within such 120-day
period. To the extent that your prior Election Law Opinion No.
DAD-23 (1982), holds to the contrary, I respectfully request that it
be overruled.
Thank you fir your consideration of this request.
KWA:kr
cc: Honorable Mayor
/ and City Council
CITY OF LA PORTE
P. O. Box 1115
La Porte, Texas 77571
•
Yours very truly,
L%'!~ '
Knox W. Askins
City Attorney
City of La Porte
~e i s sK~
ni p ,5 2 c veT~~ v'~ S~z t'~e s ----...
~ C ~ V'
D~ e has assn ec( vri e
b f~~ ~o~~ ~Gsf ,~~;~~
a vor~~~Q o~iy~its~, ~e~~v w%//
~~'• Gc1. f~ .
•
ORDINANCE NO. 1:411
AN ORDINANCE CALLING A SPECIAL ELECTION TO FILL A VACANCY IN
THE OFFICE OF COUNCILPERSON, DISTRICT 2; CALLING A RUN-OFF
ELECTION, IF NECESSARY; PROVIDING A SAVINGS CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The incumbent Councilperson--District 2 sub-
mitted his written resignation of office effective July 19, 1984.
Section 2. An election shall be held within Election
Precinct No. 2 of the City of La Porte, Texas, on the 29th day
• of September, 1984, such date being the fifth Saturday in
September, 1984, between seven o'clock (7:00) A.M. and seven
o'clock (7:00) P.M., for the purpose of filling the unexpired
term of Councilperson--District 2, which said term expires in
April, 1985. A run-off election, if necessary, shall be held
on October 20, 1984 between the same hours.
Section 3. Said election shall be held at the following
voting place within said City, and the following named persons
are hereby appointed as officers of said election, to-wit:
Election Precinct No. 2: All voters living in such Pre-
cinct No. 2, consisting of that portion of the City of La Porte
which is west of Big Island Slough and south of an imaginary
line 900 feet south of and parallel to Avenue "H", and also
• consisting of that portion of the City of La Porte which is
enclosed by San Jacinto Junior College on the West; Spencer
Highway [West Main Street] on the North; Fairmont Parkway on
the South; and Underwood Road on the East, shall vote at the
Baker School Cafetorium, which is located at West Main Street
• and Underwood Road, La Porte, Texas, with the following election
officials:
Bertha Cook Presiding Judge
rPOrgette Oliver , Alternate Presiding Judge
~~
L~
Ordinance No. 1411 , Page 2.
The Presiding Judge at the above specified polling place
shall appoint as many clerks as he or she deems necessary for
the proper conduct of said election at said polling place,
provided that at least two (2) clerks shall be appointed.
Section 4. Voting at said election, including absentee
voting, shall be by the use of voting machines, and the ballots
at said election shall conform to the Texas Election Code, as
amended.
Section 5. Absentee voting by personal appearance shall
• begin on the 20th day and shall continue through the 4th day
preceding the day of the election. Except as authorized herein,
the clerk shall not permit anyone to vote absentee by personal
appearance on any day which is not a regular working day for
the clerk's office, and under no circumstances shall he permit
anyone to vote absentee by personal appearance at any time when
his office is not open to the public.
Absentee voting by mail shall begin on the 20th day pre-
ceding the date of the election and shall continue until ten
o'clock (10:00) A.M. on the second day preceding election day.
Absentee voting shall be conducted by a clerk for absentee
voting, namely, Lou Lawler , and the place
at which the absentee voting shall be conducted is designated
• as the La Porte City Hall, 604 West Fairmont Parkway, La Porte,
Texas, to which address ballot applications and ballots voted by
mail may be mailed. Said clerk shall keep said office open for
absentee voting during his regular working hours and in any
event for at least eight ( 8 ) hours on each day which is not a
J
• Saturday, a Sunday, or an official State holiday. ,
Section 6. That all election materials including notice
of the election, ballots, instruction cards, affidavits and
other forms which voters may be required to sign and all absentee
~~
C~
Ordinance No. .1411 , Page 3.
n
LJ
voting materials shall be printed in both English and Spanish,
or Spanish translations thereof shall be made available in the
circumstances permitted and in the manner required by law.
Section 7. The City Secretary of the City of La Porte shall
forthwith issue Notice of said election by causing a substantial
copy of this Ordinance to be published one time in the BAYSHORE
SUN, which is hereby found and declared to be a newspaper of
general circulation in~said City, not less than ten (10) days
nor more than thirty (30) days prior to the date of the said
• election.
Section 8. Upon a candidate tendering his application on
the form prescribed, the City Secretary shall furnish to such
candidate all information relative to the qualifications for
the office being sought; the method of placing the candidate's
name on the ballot; the amount of the required filing fee; and
any other pertinent information concerning said election.
Section 9. Each candidate for the office of Councilperson,
District 2, must be a resident elector of the City, and a
resident of District 2.
Section 10. The deadline for a candidate to make applica-
tion to have his name appear upon the ballot for such election,
is hereby designated and established as 5:00 o'clock P.M.,
• Wednesday, August 29, 1984. No application shall be accepted
for filing prior to August 2, 1984. The filing fee for each
candidate for the office of Councilperson is hereby established
at Fifty Dollars ($50.00). The filing fees shall be used to
defray the cost of the election, and said fees shall be prorated
• and any surplus shall be refunded to said candidates. As an
alternative to paying a filing fee, a candidate may obtain a
place on the ballot by filing a petition as provided for in
City of La Porte Home Rule Charter, Article 2.04 c.3.
~~
•
Ordinance No. 1411 Page 4.
L~
Section 11. Said election shall be held in accordance with
the provisions of the City Charter of the City of La Porte, and
the general election laws of the State of Texas governing general
and municipal elections, so far as same may be applicable thereto.
Section 12. Immediately after said election, the officers
holding the same shall make and deliver the returns of the
results thereof and the accompanying records for use in the
official canvass to the City Council of the City of La Porte,
and the City Council shall canvass said returns at the earliest
• practicable time, and shall, immediately after canvassing the
returns, declare the results of the election. The Mayor shall
immediately thereafter deliver to the candidate for whom the
majority of votes has been polled for each respective office,
a certificate of election. Such elected officials shall assume
their duties within ten (10) days thereafter, Sundays excluded,
upon their taking the oath of office.
Section 13. Each and every provision, paragraph, sentence
and clause of this Ordinance has been separately considered and
passed by the City Council of the City of La Porte, Texas, and
each said provision would have been separately passed without
any other provision, and if any provision hereof shall be ineffec-
• tive, invalid or unconstitutional, for any cause, it shall not
impair or affect the remaining portion, or any part thereof, but
the valid portion shall be in force just as if it had been passed
alone.
Section 14. This Ordinance shall be in effect immediately
upon its passage and approval.
Section 15. 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
•
•
Ordinance No. 1411 Page 5.
•
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 confirms such written notice and the
contents and posting thereof.
PASSED AND APPROVED this the 1st day of August, 1984.
• CITY OF LA PORTE
By
Virginia Cline, Mayor
ATTEST:
City Secretary
APPROVED:
• City Attorney
•
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