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Home My WebLink About1984-12-19 Public Hearing and Regular Meeting ,.. ~ e e . MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING OF THE LA PORTE CITY COUNCIL DECEMBER 19, 1984 City Attorney Knox Askins. announced that the Mayor was ill and unable to attend the meeting and that the Mayor Pro Tem was also -- unable to attend. As temporary chairman, the City Attorney opened the floor for nominations for a presiding officer for the meeting. Councilperson B. Don Skelton nominated Councilperson Linda Westergren. Second by Councilperson Lindsay Pfeiffer. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Paula Bridges, Ed Matuszak, Betty Waters, Lindsay Pfeiffer, B. Don Skelton, Linda Westergren, Norman Malone Nays: None . 1. Councilperson Westergren called the meeting to order at 6:00 P.M. and announced that the order of business would be changed slightly, as the public notices that had gone out listed the public hearing as starting at 7:00 P.M. Therefore, the regular meeting would be held at this time and the public hearing would begin at 7:00 P.M. Members of Citv Council Present: Presiding Officer Linda Westergren, Councilpersons Paula Bridges, Ed Matuszak, Betty Waters, Lindsay Pfeiffer, B. Don Skelton, Norman Malone Members of Citv Council Absent: Mayor Virginia Cline, Councilperson Deotis Gay Members of Citv Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Cherie Black, Director of Administrative Services Bob Herrera, Director of Public Works Jerry Hodge, Assistant Director of Public Works Steve Gillett, Director of Parks and Recreation Stan Sherwood, Director of Community Development John Joerns, Police Chief Herb Freeman, Purchasing Agent Jackson Ray . ...... ~ ,.. ~ e e . Minutes, Public Hearing and Regular Meeting La Porte City Council December 19, 1984, Page 2 Others Present: Steve Montelongo, Jr.; Buddy Jacobs; Neil Bishop, Turner Collie & Braden; Don Grisham; Dr. Clyde Smith, La Porte Sesquicentennial Chairman; Winston DeBlanc; Charles Hudgins and Ken Koehn, Bayshore Sun; 8 citizens 2. The invocation was given by City Attorney Askins. 3. Council considered approv.ing the minutes of the public hearing held.November 26, 1984. Motion was made bv Councilnerson Brid~es to annrove the minutes of the nublic hearin~ held November 26. 1Q84. as nresented. Second by Councilperson ~alone. The motion carried, 4 ayes, o nays, 3 abstain. Ayes: Councilpersons Bridges, Matuszak, Westergren, fvIalone Nays: None Abstain: Councilpersons Waters, Pfeiffer and Skelton (were not present at meeting on 11/26) . 4. Council considered approving the minutes of the public hearing and called regular meeting held November 28, 1984. Motion was made bv Councilnerson ~ri1ae~ tQ annrove the minutes of the nublic hearin~ and Gall~dregular mgetin"~ held November 28. 1Q84 as nresented. Second by Councilperson Matuszak. The motion carried, 4 ayes, o nays, 3 abstain. Ayes: Councilpersons Bridges, Matuszak, Westergren, Malone Nays: None Abstain: Councilpersons Waters, Pfeiffer and Skelton (were not present at meeting on 11/28) 5. Councilperson Westergren named Steve Montelongo, Jr. , as Employee of the Quarter, and presented him a plaque in appreciation of his services to the City. 6. Dr. Clyde Smith was scheduled to address Council regarding proposals for the Sesquicentennial celebration. This item was postponed pending Dr. Smith's arrival. . ....... .... ,.. ~ e e . Minutes, Public Hearing and Regular Meeting La Porte City Council December 19, 1984, Page 3 7. Council was to consider an ordinance rezoning a 5.019 acre tract on the east side of Highway 146 at the Highway 225 intersection from commercial to industrial. This item was postponed until after the public hearing could be held. 8. Council considered an ordinance annexing certain territory situ~ted north of Fairmont Parkway and west of the Southern Pacific Railroad tracks. The City Attorney read: ORDINANCE 1422 - AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF LA PORTE, TEXAS, TO EMBRACE AND INCLUDE CERTAIN TERRITORY SITUATED NORTH OF FAIRMONT PARKWAY, AND WEST OF THE SOUTHERN PACIFIC RAILROAD TRACKS; ANNEXING TO THE CITY OF LA PORTE, TEXAS, TERRITORY WITHIN SUCH BOUNDARIES; APPROVING A SERVICE PLAN FOR SUCH TERRITORY; PROVIDING FOR TEMPORARY ZONING CLASSIFICATION OF SUCH TERRITORY; MAKING FINDINGS AND OTHER PROVISIONS RELATED . TO THE SUBJECT; AND PROVIDING SAVING AND SEVERABILITY CLAUSES. Mption was made bv Councilperson Matuszak to adont Ordinance ~22 as read bv the Citv Attornev. Second by Councilperson Skelton. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, Skelton, Westergren, Malone Nays: None 9. Council considered a resolution approving an agreement with the La Porte Area Water Authority. City Manager Owen stated that he had given Council a replacement page in the resolution, replacing page 3. He asked that the amount of $6,000 be put in the blank on page 3 that refers to the amount the City Manager is authorized to remit to the Water Authority per million gallons. On page 3 of the agreement, the number to be used in the City's request is 4.5 million gallons of capacity. The City Attorney read: RESOLUTION 84-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, APPROVING THE ENTRY INTO A CONTRACT WITH THE LA PORTE AREA WATER AUTHORITY PURSUANT TO AUTHORITY GRANTED TO SAID CITY BY THE INTERLOCAL . ~ ~ ,.. ~ e e . Minutes, Public Hearing and Regular Meeting La Porte City Council December 19, 1984, Page 4 COOPERATION ACT, UPON THE TERMS AND CONDITIONS THEREIN SPECIFIED; FURTHER AUTHORIZING THE APPROPRIATION AND PAYMENT OF FUNDS TO SAID LA PORTE AREA WATER AUTHORITY FOR THE PURPOSES ABOVE SPECIFIED, ACCORDING TO THE CITY OF LA PORTE'S PRO RATA SHARE; AUTHORIZING THE MAYOR, CITY SECRETARY AND CITY ATTORNEY TO SIGN SAID CONTRACT IN THEIR RESPECTIVE CAPACITIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS, LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Counciloerson Pfeiffer to adont Resolution 84-26 as read bv the Citv Attornev. Second by Councilperson Skelton. The motion carried, 7 ayes and 0 nays. Before the vote, Councilperson Waters asked that clarification be made on the 4.5 million gallons statement. Mr. Owen replied that it was 4.5 million gallons per day. That clarification will be added to the agreement. Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, . Skelton, Westergren, Malone Nays: None 10. Council considered final payment to Turner Collie & Braden for Comprehensive Maste~ Plan and transfer of $38,000 from the Contingency Fund. After discussion, motion was made bv Councilnerson Matuszak to table this item to a workshoD for further studv.. Second by Councilperson Skelton. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, Westergren, Malone Nays: None' 11. Council considered a professional services agreement necessary for preliminary report and design of sanitary sewer lines to serve Battleground Vista Estates. After brief discussion, motion was made bv CouncilDerso~ M~lg!1~to_g12.12.r:ov~_Drofess ional services agreement wi th Don. .Grisham for nreliminarv renort and design of sanitary sewer lines to serve Battlearo~nd Vista Estat~s.. Second by Councilperson Matuszak. The motion carried, 7 ayes and 0 nays. . ~ ~ ,.. ~ e e . Minutes, Public Hearing and Regular Meeting La Porte City Council December 19, 1984, Page 5 12. Council considered a lease agreement regarding property at the mouth of Little Cedar Bayou. Mr. Berdon Lawrence, owner of a property adjacent to City owned property at the mouth of Little Cedar Bayou, addressed Council regarding a lease agreement with the City he wishes to enter into, in order to preserve the shoreline along his and - the Gity's properties, which is eroding rapidly. He has been in contact with the City Engineering Department and the Parks and Recreation Department and they have drawn up a plan that Mr. Lawrence feels would be beneficial to himself and to the City. Mr. Lawrence showed an aerial photo of the area in question, and maps showing his proposed bulkheading and rip-rapping of the property. After discussion, motion was made bv Councj.lnerson Bri9~es tQ . annrove enterin~ into a lease aareement with Mr_ Berdon Lawrence for nronertv at the mouth of LittJe Cedar Bavou. Second by Councilperson Pfeiffer. Councilperson Matuszak requested that the lease agreement contain covenants regarding use of the land. Mr. Askins was directed to confer with Mr. Lawrence and draw up the covenants. The vote was then taken, and the motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, Skelton, Westergren, Malone Nays: None . ....... ~ ,.. ~ e e . Minutes, Public Hearing and Regular Meeting La Porte City Council December 19, 1984, Page 6 Dr. Clyde Smith arrived at this point and was asked to present his proposal for the Sesquicentennial. Dr. Smith reported on his activities regarding Sesquicentennial committee meetings and a trip to Austin that he had taken for a State wide leadership workshop. Dr. Smith asked that Council consider providing financial assistance in the amount of $5,000 to the La Porte Sesquicentennial Coorqinating Committee so that necessary expenditures can be made to assure that all goals of the La Porte Sesquicentennial master plan can be carried out. The funds would be used for promotional materials and other necessary purchases. It was the concensus of Council to put Dr. Smith's request on a workshop for discussion in order to see what kind of financial assistance could be given. . 13. The regular order of business was taken up and Council. considered awarding bids for garbage trucks. . Assistant Director of Public Works reviewed bids for two garbage trucks: one front loading commercial garbage truck and one rear loading residential garbage truck. Motion was made bv Councilnerson Skelton to award the bid for the front loadin~ commercial ~arba~e truck to the low bidder. ,Industrial Disnosal Suonlv in the amount of $112.~~5 and award the bid for the rear loadin~ residential ~arba~e truck to the low bidder meetin~ snecific~tions. Environmental Sales and Service. in the amount of $66,864. Second by Councilperson Pfeiffer. The motion carried~ 7 ayes and 0 nays. Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, Skelton, Westergren and Malone Nays: None Councilperson Westergren announced that a two-minute break would be taken, after which time the public hearing would be held. . ~ ~ ,.. ~ e e . Minutes, Public Hearing and Regular Meeting La Porte City Council December 19, 1984, Page 7 The Public Hearing was called to order by Councilperson Westergren at 7:00 P.M. to consider the request of Winston DeBlanc to rezone a 5.019 acre tract of land located in the immediate vicinity of the intersection of Highway 146 and Highway 225 on the east side of Highway 146 from commercial to industrial. Director of Community Development John Joerns reviewed the legal description of the property and showed Council a map of the location. Councilperson Westergren asked for anyone wishing to speak in favor of the rezoning to come forward. Mr. Winston DeBlanc, owner of the tract, came forward and answered questions from Council regarding the use of this property. Councilperson Westergren asked if there was anyone present who wished to speak in opposition to the rezoning. There was no response. . The public hearing was declared closed. Councilperson Westergren read the recommendation from Planning and Zoning Commission, which was to approve the request as submitted. Item 7 of the agenda, the ordinance to rezone the 5.019 acre tract which was the subject of the public hearing, was then addressed. The City Attorney read: ORDINANCE 780-GGGG - AN ORDINANCE AMENDING ORDINANCE NO. 780, THE CITY OF LA PORTE ZONING ORDINANCE, BY CHANGING THE CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was m~Qe bv GQ~ncilR~r~~D Pf~iffer to adont Ordjnance ]80-GGGG as r~~~v t~~ Cjtv Attor~. Second by Councilperson Skelton. Councilperson Bridges requested a roll call vote on this motion. . ~ ~ ,.. ~ e e . Minutes, Public Hearing and Regular Meeting La Porte City Council December 19, 1984, Page 8 Councilperson Matuszak expressed concern regarding the rezoning in the matter of the ordinance not being more specific in the restrictions of use of the property and no provisions made for a green belt area. City Attorney Askins stated that normally the wording of the ordinance would include the restrictive language, but that his assistant had ~repared the ordinance and he (Askins) had not caught the omission. As far as the beautification is concerned, there is really nothing we can do legally until the Master Plan is adopted. Councilperson Skelton questioned section 9 of the ordinance, which is the section pertaining to notifying the applicant of the rezoning classification and advising him of the possibility that the property might be under a different classification when the Comprehensive Plan is adopted. The City Attorney explained that this was put in the ordinance in order that an applicant be aware that his rezoning would . not be "grand fathered" when the Comprehensive Plan is adopted and that he might possibly have to apply for another rezoning if his property did not fit the classification in the Comprehensive Plan. Councilperson Waters asked if Mr. DeBlanc was aware that if restrictive language is put into the ordinance, that he would have to go through the whole rezoning process again if he sold the property to someone other than his proposed buyer. Mr. DeBlanc indicated he did understand this and it was agreeable with him. Councilperson Malone expressed concern that Council would rezone a piece of property when the people on Spencer Highway already have businesses established and had appeared before Council to get something done about rezoning them, and so far had no satisfaction. The City Attorney explained that this was an annexed area and that the whole area would have to be rezoned at one time, and he is working with Planning and Zoning to get this accomplished. . ~ ~ ~ ~ e e Minutes, Public Hearing and Regular Meeting La Porte City Council . December 19, 1984, Page 9 Motion was made bv Councilnerson Pfeiffer to amend the' motion to adont Ordinance 780-GGGG bv insertin~ "with use strictlv limited to marshallin~ and nrenaration of new automobtles." Second by Councilperson Skelton. The motion carried, 6 ayes and 1 nay Ayes: Councilperson Bridges, Waters, Pfeiffer, Skelton, Westergren and Malone Nays: Councilperson Matuszak Councilperson Bridges stated that she was voting in favor of this rezoning; however, she would not vote for any more rezoning requests until the matter of rezoning the businesses on Spencer Highway had been resolved. The regular agenda was again addressed at this point. 14. Council considered renewing a contract with attorney for collection of delinquent taxes. Mr. Owen stated that the contract was expiring with Mr. Dexter Joyner, the Delinquent Tax Collector. He feels that Mr. . Joyner has done an excellent job, and recommends that his contract be renewed for a period of two years. Councilperson Matuszak asked for an update on Mr. Joyner's performance,' and the Director of Administrative Services reported that since Mr. Joyner had been the delinquent tax collector, the City had entered into many tax suits and that the rate of collection had gone from 97 percent to'98 percent. Motion was made bv Councilnerson Malone to annrove renewin~ the contract with Dexter Jovner as the citv's Delinauent Tax Collector. Second by Councilperson Matuszak. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, Skelton, Westergren and Malone Nays: None . ~ ~ r" ~ e e Hinutes, Public Hearing and Regular Meeting La Porte City Council December 19, 1984, Page 10 . 15. Council considered awarding a contract for a water/wastewater rate study. Mr. Owen reported that a total of eight (8) proposals had been received, at a price range of from $18,840 to a high of $119,000. The three low proposals were interviewed, and that the second lowest proposal would better serve our purposes; therefore, staff recommends that the. contract be awarded to Lewis I'1cLain. Motion was mad~ bv C9~ncilper~0n Malone to accept staff's recommendation and award the contract for the water/wastewater. studv to Lewis McLain in an amount not to exceed $24.000 and to transfer funds from the Water/Wastewater Contin~encv Fund to cover the cost of the nroiect. Second by Councilperson Bridges. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Bridges, Matuszak, \..J'aters, Pfeiffer, Skelton, Westergren and Malone Nays: None 16. Council considered awarding a bid for police uniforms. . Police Chief Herb Freeman reported that after all bids had been analyzed, low bidder meeting specifications is Burke Uniforms. After brief questions from Council, motion was made bv Councilnerson Skelton to award the bid for nolice uniforms to .Burke Un i forms. in the amount of $6.61Q.20. Second by Councilperson Matuszak. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Bridges, Matuszak, \..J'aters, Pfeiffer, Skelton, Westergren and Malone Nays: None 17. Council considered approving emergency repair of traffic signals and upgrade of controller system at State Highway 146 and Barbour's Cut intersection and the transfer of $15,918.28 from the Contingency fund. Assistant Director of Public Works Steve Gillett reported that there had been a one car accident at the location in question on November 21. This was a one-car accident and the driver . ~ ~ ,.. ., e e Minutes, Public Hearing and Regular Meeting La Porte City Council December 19, 1 984 , Page 11 . was uninsured. There was extensive damage to the traffic control signals and the controller system. Emergency repairs amounted to $8,518.25. The controller system is an analog system and is not manufactured any longer. This creates problems for emergency repair due to parts not being available except by salvaging from old units. Staff is asking for a digital system to replace the analog system, at a cost of $7,400. After brief questions, motion was made bv Councilnerson MatQ~ to accent staff's recommendation and annrove emer~p.ncv renair of traffic signals and uograde of controller svste~ at the. intersection of State Hi~hwav 146 and Barbour's Cut Boulevard. and to transfer $1S.Q18.28 from the Contin~p.~cv fund to covp.~ the cost. Second by Councilperson Matuszak. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Bridges, Matuszak, \.Jaters, Pfeiffer, Skelton, Westergren and Malone Nays: None 18. Council considered an ordinance updating Texas Municipal . Retirement System service credits. Councilperson Waters withdrew from participation on this item. The City Attorney read: ORDINANCE 1423 - AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF LA PORTE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. Motion was made bv Counciloerson Malone to adont Ordinance 1423 as read bv the Citv ~tfornev. . Second by Councilperson Bridges. The motion carried, 6 ayes, o nays, 1 abstain. Ayes: Councilpersons Bridges, Matuszak, Pfeiffer, Skelton, Westergren and Malone Nays: None Abstain: Councilperson Waters . ~ ~ r' ~ e e Minutes, Public Hearing and Regular Meeting . La Porte City Council December 19, 1984, Page 12 19. Council considered an ordinance establishing organization and procedures for City Council meetings. Councilperson Bridges suggested that the meeting night be changed from Wednesday to Monday. She also suggested that a time period be set at the beginning of the meetings where citizens can speak regarding their concerns. Motion was made bv Councilnerson Matuszak to table this item for the earliest workshon oossibl~. Second by Councilperson Skelton. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, Skelton, Westergren and Malone Nays: None Motion was made bv.Councilnerson Malone to change the meettnK ni~ht for City Council meetin~s to Mondav niKht at 6:00 P.M. Second by Councilperson Skelton. The motion carried, 7 ayes and 0 nays. . Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, Skelton, Westergren and Malone Nays: None 20. Council considered appointing a redistricting committee. Councilperson Waters stated that she feels this is an item that should have action taken as soon as possible and no~ delayed any longer than necessary. Motion was made bv Councilnerson Waters to table this item tQ. the Januarv 7 meetin~ for action at that tim~. Second by Councilperson Matuszak. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Bridges, Matuszak, Waters, Pfeiffer, Skelton, Westergren and Malone Nays: None . ~ ...4 ~ ~ e e Minutes, Public Hearing and Regular Meeting La Porte City Council . December 19, 1984, Page 13 Councilperson Pfeiffer requested that the City Manager provide Council with a list of those persons who served on the Charter Revision Committee, so Council would have some idea of who to recommend for the redistricting committee. 21. Administrative Reports The City Manager commended Council on getting through a lengthy agenda in only tW9 hours; they did an excellent job. The workshop meeting tentatively scheduled for the 9th of January will now be held January 14. Everyone is urged to attend if at all possible, as this is the meeting at which the capital improvement committee will be making their report to Council. 22. Council Action ~Li~g~~: Inquired about the light at Brookwood and Fairmont Parkway. The City Secretary informed her that a purchase order will be sent to HL&P as soon as the paperwork could be . done. Commended the EMS, fire and police departments on their prompt actions on December 13. It was a tragedy, but it was remarkable to see all the departments working hand in hand as well as they did, and they are to be commended for their efforts. Mr. Owen added that we are very proud of the job they did, and are very sorry they couldn't have gotten there in time to save the little girl. Matuszak: Inquired about the light at Cottonwood and Fairmont Parkway. The City Secretary replied that that one is next on the list and an authorization letter had been sent to HL&P. Requested that more backup material be put in the agenda packets or in the Council boxes, especially on items such as the Turner Collie & Braden payment. He would like to see invoices, copies of minutes, etc., dealing with the subject. He questioned what procedures are used when A & E's invoice the City, and what kind of back-ups the City requires. We . ~ ~ ~ ~ \ Minutes, Public ~ring and Regular Meeting e La Porte City Council December 19, 1984, Page 14 . need a very strict procedure as to what we require as back-up from consultants. He also requested that John Loyd be at the meeting to discuss the final payment to Turner Collie & Braden. Perhaps Mr. Loyd would have some input significant to the contract, since he was chairman of the Comprehensive Plan committee. Called attention to an article in the Wall Street Journal regarding La Porte and the storing of MIC and other hazardous materials in the area. He would like for DuPont to give us a briefing on their operations. We need to tremendously upgrade our emergency preparedness and do it immediately. There are _. potential disasters in this town and he wonders how well we are truly prepared to handle it. We need a full time person to keep abreast of what the chemical plants in this area are doing and to work with the industries to let us know when something "gets out". Mr. Owen stated that Chief Freeman is already working to get whatever information the chemical companies will give him, and agreed that we are not sufficiently prepared for an emergency nor do we have the staff sufficiently trained to handle . anything of that nature. Councilperson Matuszak reported that there has been no fo~mal word from the Fairmont Park Homeowners' Association regarding turning over the esplanades in Fairmont Park to the City for maintenance, but he feels sure it will be forthcoming. Trains are becoming more of a nuisance around Underwood. Mr. Owen stated that Chief Freeman has an appointment set up with the yardmaster to try to work out the problem. Waters: Is there any way to establish whether or not all of the street lights that came down during Alicia have been returned to their proper place? If they have not, are we still being billed for them? She knows of one that has never been replaced, and wonders if we have been paying for it every month since August of 1983. Mr. Owen replied that an inventory can be done. Councilperson Waters stated she had spoken with Mr. Wyatt of HL&P in July of this year, and he told her the City was still paying the same rate, whether the lights had been put up or not. We need to see how much we are paying and for how many street lights. . ~ ~ ~ ~ ~ e e Minutes, Public Hearing and Regular Meeting La Porte City Council . December 19, 1984, Page 15 Pfeiffer: Agrees with Ed about emergency preparedness. It is very critical that we do something. The citizens in La Porte put up with a lot living with the types of industry in the area, and we need to prepare as well as we can.to protect those people. Just having PPG in our city limits is a detriment to a lot of people moving into La Porte. We need to budget a large sum each year to equip and educate our fire and police departments on how to handle these emergencies. 'Skelton: He had brought up the subject of pipelines several months ago. He would like to look into what they are carrYing; they could change products and we would never know. He would like to see this looked into as part of the emergency plan. Asked for a report on the sidewalks we've been working on for about the last three years. . Director of Community Development John Joerns reported that it should all be underway shortly after the Christmas holidays. Mr. Skelton stated he would make a list of all the street . lights over on the east side of La Porte that are not working and give them to staff. He wished Council a Merry Christmas and a Happy New Year, as he probably would not see them until January 7. Malone: Friday the 17th, the Union Carbide plant in West Virginia was fined $55,000 for something similar to what Ed and Lin are mentioning. This is the second fine they have had, and in one month they had 9 violations. So what you're saying is correct.; we need some way to protect ourselves and the citizens if something should happen. Wished everyone a Merry Christmas. . ~ ~ "'" "'lll I e e Minutes, Public Hearing and Regular Meeting La Porte City Council . December 19, 1984, Page 16 ,klester.l!ren.: Would like to say thank you to staff for 'finally getting Battle Ground Vistas sewer lines underway. That has been a long awaited project. She also feels very strongly about the need for an emergency system, not only for chemical problems but also in the event of another storm or any other type of disaster we might have. We really need to devote more time and effort to that. 23. There was no executive session. 24. There being no further business to come before the Council, -- the meeting was duly adjourned at 8:27 P.M. Respectfully Submitted: Cherie Black, City Secretary . . Passed & Approved this the 7th day of January, 1985 Virginia Cline, Mayor . . ..... ~ e e e 1.111TUt-U1'1'l.CE MEM:>RANDUM 10: '~er..o...;~ttee" 1lIaE: December 4, 1984 F'RCM: s, Water/Wastewater Superintendent SUBJECI' : Einployee of the Quarter nanination Estevan (Steve) Montelongo, Jr. has been an employee of the City of La. Porte for fifteen (15) years. D.Jring that time, he has p...vven to be a valuable and tnlsted employee. He is a conscienttous::.,arid'.:very~hard,~. At the present time, Steve is the Leachnan of the Lift Station Crew. of the Wastewater Treatment Division. He inspeCts, maintains and makes necessary repairs on thirty three (33) lift stations. 'By utilizing his expertise in ptmIp repair, the Wastewater Treat- UICI.Lt Division has realized a savings of several lumdred dollars this past e year. He and his crew make ~ repairs that lOOSt cities have to contract outside services to perform. This "in house" repair not only results in savings to the City; it is a source of pride of accanplishment for Steve and his crew. I feel that the '\o.lOrk of Steve, and. the entire Wastewater Treatment Division, is an example of the results that tearr&lOrk and. job pride can accanplish. For all of the above reasons, I am proud to place Estevan Montelongo, Jr. as the Wastewater Treatment Division :naninee for Fmployee' .of" the" Quarter . - ''''''Ill e . e ORDINANCE NO. 1422 AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF LA PORTE, TEXAS, TO EMBRACE AND INCLUDE CERTAIN TERRITORY SITUATED NORTH OF FAIRMONT PARKWAY, AND WEST OF THE SOUTHERN PACIFIC RAILROAD TRACKS: ANNEXING TO THE CITY OF LA PORTE, TEXAS, TERRITORY WITHIN SUCH BOUNDARIES: APPROVING A SERVICE PLAN FOR SUCH TERRITORY: PROVIDING FOR TEMPORARY ZONING CLASSIFICATION OF SUCH TERRITORY: MAKING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT: AND PROVIDING SAVING AND SEVERABILITY CLAUSES. . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte has heretofore adopted a Home Rule Charter granting the City Council the power by ordinance to fix the boundary limits of the City of La Porte and to provide for the extension of said boundary limits, and the annexation of additional territory lying adjacent to the City. This annexation proceeding is conducted pursuant to the authority granted by said Home Rule Charter: by Article 1175, Revised Civil Statutes: and by Article 970a, Revised Civil Statutes. Section 2. The City Council of the City of La Porte hereby finds, determines and declares that the hereinafter described territory is adjacent and contiguous to the present City limits of the City of La Porte, and lies within the exclusive extra- e territorial jurisdiction of the City of La Porte, and that the annexation of said territory to the City of La Porte will promote \ the general health, safety and welfare of persons residing within the City and within the hereinafter described territory. Section 3. The City Council of the City of La Porte has heretofore, on November 7, 1984, passed and approved Ordinance No. 1420, declaring its intention to institute proceedings to annex the hereinafter described territory. Two public hearings were called, and were held on November 26, 1984, and on November 28, 1984, at which public hearings all interested parties were giv~n an opportunity to be heard. Notice of such public hearings was given by publication of Ordinance No. 1420 in the Bayshore Sun - on November 11, 1984, said newspaper having general circulation 1= I e e e Ordinance No. 1422 , Page 2. in the City of La Porte and in the territory proposed to be annexed. Additional notice by certified mail was given to railroad companies then serving the City and on the City's tax roll where the r:ight-of-way thereof was included in the territory to be annexed. Such notices and such hearings were all in conformity with the Municipal Annexation Act of 1963, Article 970a, Vernon's e Annotated Texas Statutes, as amended. At such publ ic hearings, the service plan was made available for inspection and explained to the inhabitants of the area to be annexed. Section 4. The City Council of the City of La Porte hereby institutes annexation proceedings as to the following described territory, and the same is hereby declared annexed to the City of La ,Porte Texas, and the boundary limits of the City of La Porte, Texas, be, and the same are hereby, extended to include the following described territory within the City Limits of the City of La Porte, and the same shall hereafter be included within the territorial limits of the City of La Porte, and the inhabitants thereof shall hereafter be entitled to all rights and privileges e of other citizens of the City of La Porte, and they shall be bound by the acts, ordinances, resolutions and regulations of the City of La Porte. \ Section 5. Subject to all sections of this ordinance, the corporate limits of the City of La Porte, Texas, are hereby extended to embrace and include all of the territory within the boundaries set out in "Exhibit BII, which exhibit is attached hereto, incorporated herein by this reference and made a part hereof for all purposes, and such territory is hereby annexed to and made a part of the City of La Porte, Texas, for general purposes. Section 6. A service plan for the territory within the boundaries set out in "Exhibit B" is hereby approved as part of e- this ordinance. Such service plan is set out in "Exhibit A", F:1 e e e Ordinance No. 1422 , Page 3. which is attached hereto, incorporated herein by this reference and made a part hereof for all purposes. Section 7. The City Council of the City of La Porte finds, determines and declares that all of the property surrounding the property hereby annexed to the City of La Porte, is presently zoned industrial, and that the property hereby annexed is restricted e by deed restrictions filed in the Office of the County Clerk of Harris County, Texas, to industrial use. Therefore, a temporary zoning classification of "Industrial" under the City of La Porte zoning ordinance is hereby established, until the City Council of the City of La Porte receives a recommendation from the City of La Porte Planning and Zoning Commission, for a permanent classification of said territory hereby annexed. Section 8. This ordinance shall not repeal, impair, modify or in anywise affect any other ordinance annexing territory to the City of La Porte, or any other ordinance heretofore passed on one or more readings and not yet passed on final reading, annexing any territory to the City of La Porte, but such other ordinance or ordinances shall remain and continue to be effective e to their intent and purpose as therein stated, wholly unaffected in any way or manner by the passage of this ordinance. This \ ordinance shall not in anywise be impaired or affected by any other ordinance heretofore introduced o~ passed on any reading, whether final or not~ nor shall it be affected by any other ordinance which may hereafter be introduced or passed on one or more readings, pending the final passage of this ordinance~ and this ordinance shall be effective to its intent and purpose as hereinabove stated, wholly unaffected by any other annexation ordinance introduced and passed or hereafter introduced and passed on any reading, whether final or not final, annexing territory to the City of La Porte, and wholly unaffected by - any ordinance heretofore or hereafter passed calling a hearing fs e e e Ordinance No. 14U , Page 4. and giving notice relative to the institution of any annexation proceedings. The procedure initiated hereby and the annexation proceedings instituted hereunder shall be independent of any other proposed and pending annexation of such territory, and such other proceedings shall not be affected hereby. Section 9. It is the intention of the City of La Porte, e Texas, and its City Council to comply with all applicable pro- visions of the City Charter and of the Constitution and Laws of the Federal government of the United States of America and the State of Texas, and this ordinance shall be interpreted and construed in harmony there with. Section 10. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of each meeting of the City Council at which this ordinance has been discussed, considered and formally acted upon was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding each such meeting, as required by the Open Meetings Law, Article 6252-17, Vernon's Annotated Texas Statutes, and that each such e meeting has been open to the public as required by law at all times during which this ordinance or the subject matter thereof \ has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notices and the contents and posting thereof. Section II. Should any section of part of this ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portion or portions, the same shall be and remain in full force and effect: and should this ordinance for any - reason be ineffective as to any part of the territory hereby ~4 e e . Ordinance No. 1422 , Page 5. annexed to the City of La Porte, such ineffectiveness of this ordinance as to any such part or parts of any such territory shall not affect the effectiveness of this ordinance as to all of the remainder of such territory, and the City Council hereby declares it to be its purpose to annex to the City of La Porte every part of the territory described in "Exhibit a" of this . ordinance, regardless of whether any other part of such described territory is hereby effectively annexed to the City. Provided, further, that if there is included in the description of the territory set out in "Exhibit a" of this ordinance to be hereby annexed to the City of La Porte, any lands or area which are presently part of and included within the general limits of the City of La Porte, or which are presently part of and included in the limits of any other city, town, or village, or which are not within the jurisdiction or power of the City of La Porte to annex, the same is hereby excluded and excepted from the territory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein. , Section 12. This ordinance shall take effect immediately upon its final passage. PASSED AND APPROVED, this the 19th day of December, 1984. CITY OF LA PORTE By: Virginia Cline, Mayor ATTEST: Cherie Black, City Secretary APPROVED: . ~~ Knox W. Askins, City Attorney f~ e e e EXHIBIT "A" SERVICE PLAN FOR A TRACT OF LAND SITUATED NORTH OF FAIRMONT PARKWAY, AND WEST OF THE SOUTHERN PACIFIC RAILROAD TRACKS. I. INTRODUCTION This Service Plan (" Plan ") is made by the City of La Porte, _ Texas ("City") pursuant to Section 10 of the Municipal Annexation Act ., art. 970a, V.A.T.S., (Vernon's Supp. 1982) (the "Act"). This Plan relates to the annexation by the City of a tract of land ("Tract ") located North of Fairmont Parkway and West of the Southern Pa.cific railroad tracks. The Tract is described by metes and bounds in "Exhibit B" which is attached to this Plan and to the annexation ordinance of which this Plan is a part. II. TERM: EFFECTIVE DATE This Plan shall be in effect for a term of ten years commencing on the effective date of the annexation of the Tract. Renewal of this Plan shall be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a stated period of time. III. SERVICE PROGRAMS A. In General. This Plan includes two service programs: (i) the Early Action Program, described below, and (i i) a Capital Improvement Program, described below. B. Scope an~ Quality of Service~. Services under this Plan shall equal or exceed tne number of services and the level of services in existence in the Tract prior to annexation. However, it is not e the intent of this Plan to require that a uniform level of services be provided to all areas of the City (including the Tract) where differing characteristics of topography, land utilization and popula- tion density are considered as sufficient basis for providing differing service levels. ' C. Definitions. 1. As used in this Plan, providing services in- cludes having services provided by any method or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental enti- ties and other public service organizations to provide such services, in whole or in part. 2. As used in this Plan, the phrase "standard poli- cies and procedures II means those policies and procedures of the City applicable to a particular service which are in effect either at the time that the service is requested or at the time that the service is made available or provided. The policies and procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid, and they may include eligibility requirements and similar provisions. e F6 e e ~ D. Early Action Program. . .1. . Statutory Services. The statutory services will be provided within the Tract within sixty days after the effective date.of this Plan, except as otherwise indicated. The statutory serVices are as follows: a. Police Protection. The Police Department of the City will provide protection and law enforcement in the Tract. These.activities will include normal patrols and responses, the handling of complaints and incident reports, and other usual and customary police services. ... b. Fire Protection. The Fire Department of ~ the City will provide fire protection in the Tract. c. Solid Waste Collection. Residential col- lection services will be provided by City forces. Non-residential service and future residential service will be governed by standard policies and procedures. d. Maintenance of Water and Wastewater Faci- lities. Those water and wastewater facilities included in the Capital Improvement Program, below, will be maintained by an appropriate division of the Department of Public Works or, for a limited period of time, by a conservation and reclamation district which is to be dissolved.. Should any extensio'ns of such facilities be made within the Tract, normal maintenance services will be provided. e. Maintenance of Roads and Streets (includ- ing lighting). The Department of Public Works will provide maintenance of roads and streets over which the City will have jurisdiction. (See Capital Improvement Program, below). The City of La Porte will pro- vide services relating to traffic control devices for such roads and streets, and will provide street lighting for such roads and streets through the Houston Lighting and Power Company or by other means. f. Maintenance of Parks, Playgrounds and Swimming Pools. As indicated by the Capital Improvement Program, it. ~ is not necessary to acquire or construct such facilities in the Tract, so there are none to be maintained. Should any such facilities be constructed by the City within the Tract, the Department of Parks and Recreation will provide maintenance services for them. \ g. Maintenance of Any Other Publicly-owned Facility, Building or Service. Those drainage facilities included in the Capital Improvement Program, below, will be maintained by the Department of Public Works, as needed. Should any such facilities, buildings or services be constructed or located by the City within the Tract, an appropriate City department will provide maintenance services for them. 2. Additional Services. Certain services, in addi- tion to the statutory services, will be provided within the Tract to the same extent they are provided to similar territories elsewhere in the City. These are as follows: a. Library services from existing facilities and future facilities outside the Tract. ~ -2- . F7 e e e h. Health Services in accordance with stan- dard policies and procedures. c. Emergency Rescue and A.lllbulance Services, in accordance with standard policies and procedures. E. Capital Improvement Program. The City will initiate the construction or acquisition of capital illlprovements necessary for providing municipal services for the Tract. Those improvements which are necessary are indicated below, and any necessary construction or acquisition shall beg in within two and one-half years of the effective date of this Plan, except as otherwise indicated. e 1. Police Protection. Police protection for the Tract can be provided by using existing capital improvements. Addi- tional capital improvements are not necessary at this time to provide police protection to the Tract. However, the Tract will be . included with other territory in connection with planning for new, revised or expanded police facilities. 2. Fire Protection. Fire protection for the Tract can be provided by using existing capital improvements. Additional capital improvements are not necessary at this time to provide fire protection to the Tract. However, the Tract will be included with other territory in connection with planning for new, revised, or expanded fire-fighting facilities. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services within the Tract as described in the Early Action Program. However, the Tract will be included with other territory in connection with planning for new, revised or expanded solid waste facilities. 4. Water and Wastewater Facilities. Future exten- sions of public water or wastewater facilities \'lill be governed by standard policies and procedures, and the Tract will be included with other territory in connection with planning for new, revised or expanded public water and wastewater facilities. e 5. Roads and Streets (including lighting). In genera 1 , the City will acquire dominion, control, and jurisrHction in, over and under public roads and streets within the Tract upon annexation, pursuant to art. 1175, V.A.T.S., and similar provisions, subject to the jurisdictions of other governmental entities. Addi- tional roads, streets or related facilities are not necessary at this time to serve the Tract. Future extensions of roads or streets and future installation of related facilities such as traffic control devices or street lights will be governed by standard policies and procedures. The Tract will be included with other territory in connection with planning for new, revised, widened or enlarged roads, streets or related facilities. 6. Parks, Playgrounds and Swimming Pools. These services can be provided by using existing capital improvements. Additional capital improvements are not necessary at this time to provide such services to the Tract. However, the Tract will be included with other territory in connection with planning for new, revised or expanded parks, playgrounds and swimming pools. . -3- fS' e e e 7. Other Publicly Owned Facilities, Buildings or, Services~ Additional Services. In general, other City functions and services, and the additional services described above, can be pro- vided for the Tract by using existing capital improvements. Additional capital improvements are not presently necessary. However, the Tract will be included with other territory in connection with planning for new, revised or expanded facilities,' functions and services, including the additional services described above. IV. AMENDMENT~ GOVERNING LAW This Plan may not be amended or repealed except as provided by the Act or other controlling law. Neither changes in the methods e or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments, to this Plan, and the City reserves the right to make such changes. This Plan is subject to, and shall be inter- preted in accordance with, the Act, the Constitution and laws of the United States of America and the State of Texas, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. V. FORCE MAJEURE Should a force majeure interrupt the services described here- in, the City shall resume services under this Plan within a reason- able time after the cessation of the force majeure. "Force majeure", for the purposes of this Plan, shall include, but not be limited to, acts of God, acts of the public enemy, war, blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of government, explosions, collisions and any other in- ability of the City, whether similar to those enumerated or other- wise, which is not within control of the City. VI. ENTIRE PLAN This document contains the entire and integrated service plan relating to the Tract and supersedes all other negotiations, repre- e sentations, plans and agreements, whether written or oral. -4- . F9 e e e EXHIBIT "B" BEGINNING at a po i n t in the Richard Pearsall 1/3 League, A-625, within the city limits of La Porte, Texas, at the Northeast corner of La Porte Outlot No. 161: THENCE Westerly along the North line of La Porte Outlots Nos. 161 through 170-1/2 a distance of approximately 3,494 feet to a point 50 feet East of the Northwest corner of La Porte Outlot . No. 170-1/2, said corner being in the West line of said Richard Pearsall 1/3 League: THENCE Southerly along a line parallel to and 50 feet East of the West line of La Porte Outlot No. 170-1/2, same being also the West 1 ine of said Richard Pearsall 1/3 League, a distance of approximately 458 feet to a point 50 feet North of the North right-of-way line of Fairmont Parkway (250 feet wide): THENCE Easterly along a line parallel to and 50 feet North of the North right-of-way line of Fairmont Parkway a distance of approximately 3,496 feet to a point in the East line of La Porte Outlot No. 161: THENCE Northerly along the East line of La Porte Outlot No. 161 a distance of approximately 454 feet to the PLACE OF BEGINNING. e \ .' FIO . e ~ RESOLUTION NO. 84-?F> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, APPROVING THE ENTRY INTO A CONTRACT WITH THE LA PORTE AREA WATER AUTHORITY PURSUANT TO AUTHORITY GRANTED TO SAID CITY BY THE INTER- LOCAL COOPERATION ACT, UPON THE TERMS AND CONDITIONS THEREIN SPECI- FIED; FURTHER AUTHORIZING THE APPROPRIATION AND PAYMENT OF FUNDS TO SAID LA PORTE AREA WATER AUTHORITY FOR THE PURPOSES ABOVE SPECI~IED, ACCORDING TO THE CITY OF LA PORTE'S PRO RATA SHARE; AUTHORIZING THE MAYOR, CITY SECRETARY AND CITY ATTORNEY TO SIGN SAID CONTRACT IN THEIR RESPECTIVE CAPACITIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF~ . WHEREAS, the Harris-Galveston County Coastal Subsidence District has mandated that the City of La Porte drastically reduce its con- sumption of ground water, and convert to the consumption of treated surface water, in recognition of the urgent public necessity to alli- viate further subsidence of the land area of the City of La Porte, and the consequent danger of loss of life and property from flooding; and WHEREAS, the La Porte Area Water Authority was created by the Texas Legislature to provide a vehicle for the planning, financing, construction, and operation of facilities to provide potable sur- face water to a geographic area specifically including the corporate limits and extra-territorial jurisdiction of the City of La Porte; and e WHEREAS, said La Porte Area Water Authority has, since its creation in 1982, in conjunction with the City of La Porte, spent time and funds in engaging the engineering firm of Turner Collie and Braden, Inc. to perform a surface water feasibility study; and WHEREAS, said surface water feasibility study has been completed, and has indentified several viable alternatives providing for the treatment and delivery of potable surface water to the City of La Porte~ and WHEREAS, it is necessary for said La Porte Area Water Authority to update and revise said surface water feasibility study, and only in- corporate therein consumption, delivery, and engineering statis- tics of certain indentified and committed municipal and corporate e 6/ e e . -2- entities, located within the geographic boundary of the La Porte Area Water Authority, in order to arrive at final surf.ace water consumption, treatment, and delivery cost estimates; and WHEREAS, the City of La Porte is desirous of converting to surface water according to the mandate of Harris-Galveston County . Coastal Subsidence District, and therefore is desirous of committing to the updating, and revision of said surface water feasibility study, with said study particularily including information speci- fically related to the consumption and delivery cost needs of the City of La Porte; and WHEREAS, the City of La Porte, in order to commit to said updating and revision of said surface water feasibility study is willing to. pay its pro rata share of the cost of same, as well as other related interim cost of the La Porte Area Water Authority, as interim cost are defined below; NOW, THEREFORE, BE IT RESOLVED RY THE CITY COUNCIL OF THE CITY OF LA PORTE; Section l. That the contract for the committment of the City e of La Porte to the La Porte Area Water Authority update and revision of the surface water feasibility study, and other related interim costs as above defined, specifically including the committment and , payment by the City of La Porte of its pro rata share of costs incurred by said La Porte Area Water Authority in said updated sur- face water feasibility study and other related interim costs (speci- fically including attorney's fees and engineering fees) , be approved by the City of La Porte, according to the provisions of the Inter- local cooperation Act. Section 2. That the Mayor of the City of La Porte, the City Secretary of the City of La Porte, and the City Attorney of the City of La Porte be and are hereby directed to sign said contract in duplicate originals in their respective capacitites with the City e G,:t e e . -3- Secretary of the City of La - Porte being directed to forward said signed copies to the La Porte .Area Water Authority for approval. Section 3. That the City Manager of- the City of La Porte be . - " \ authorized to rem i t funds to the La Porte Area Water Authority for the updating of said surface water feasibility study and other related . "interim" costs (being defined as the period between the commenc.ernent of this contract and the start of construction of surface water treat- ment and delivery facilitites by said La Porte Area Water Authority), specifically including related engineering fees and attorney's fees. Said funds are to be limited to pro rata share of interim costs as incurred by the La Porte Area Water Authority. The City Manager is not authorized to remit funds to said La Porte Area Water Authority in excess of $6.000.00 Dollars per million gallons of the La Porte Area Water Authority's surface water' treatment plant capacity as said capacity is requested by the City of La Porte, unless the City Manager is specifically authorized by the City Council of the City of La Porte to remit funds in excess of the above figure. e Section 4. The City Council officially finds, determines, re- cites, 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 preceeding this meeting, as re- quired by the Open Meetings Law, Articles 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 re- solution and the subject matter thereof has been discussed, con- sidered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents in posting thereof, from and after its passage and approval. e e e e -4- PASSED AND APPROVED this the day of , 1984. e CITY OF LA PORTE VIRGINIA CLINE, MAYOR ATTEST: CHERIE BLACK, CITY SECRETARY APPROVED: KNOX W. ASKINS, CITY ATTORNEY e e G4 e e e STATE OF TEXAS S S COUNTY OF HARRIS S THIS AGREEMENT dated the day of , 1984 by and between the La Porte Area Water Authority (hereinafter call THE AUTHORITY), and the City of La Porte, a municipal cor- portion of Harris County, Texas, herinafter referred to as CITY, pursuant to authority granted to said City and Authority by the . Interlocal Cooperation Act, WITNESSETH: WHEREAS, the Harris-Galveston County Coastal Subsidence District has mandated that the City of La Porte drastically reduce its consumption of ground water, and convert to the consumption of treated surface water, in recognition of the urgent public necessity to alle- viate further subsidence of the land area of the City of La Porte, and the consequent danger of loss of life and property from flooding; and WHEREAS, the La Porte Area Water Authority was created by the Texas Legislature to provide a vehicle for the planning, financing, construction, and operation of facilities to provide potable sur- face water to a geographic area specifically including the corporate e limits and extra-territorial jurisdiction of the City of La Porte; and WHEREAS, said La Porte Area Water Authority has, since its creation in 1982, in conjunction with the City of La Porte, spent time and funds in engaging the engineering firm of Turner Collie and Braden, Inc. to perform a surface water feasibility study; and WHEREAS, said surface water feasibility study has been completed, and has indentified several viable alternatives providing for the treatment and delivery of potable surface water to the City of La Porte; and WHEREAS, it is necessary for said La Porte Area Water Authority to update and revise said surface water feasibility study, and only in- corporate therein consumption, delivery, and engineering statis- e tics of certain indentified and committed municipal and corporate (j~ e e e -2- entities, located within the geographic boundary of the La Porte Area Water Authority, in order to arrive at final surface water consumption, treatment, and delivery cost estimates: and WHEREAS, the City of La Porte is desirous of converting to surface water according to the mandate of Harris-Galveston County e Coastal Subsidence District, and therefore is desirous of committing to the updating, and revision of said surface water feasibility study, with said study particularily including information specifi- cally related to the consumption and delivery cost needs of the City of La Porte: and WHEREAS, the City of La Porte, in order to commit to said updating and revision of said surface water feasibility study is willing to. pay its pro rata share of the cost of same, as well as other related interim cost of the La Porte Area Water Authority, as interim cost are defined below: NOW, THEREFORE, in consideration of the premises and the mutual covenants of the parties herein contained, the Authority and the City of La Porte have agreed, and do hereby agree, as follows, to e wit: To induce the Authority to update and revise the surface water feasibility study referenced above to specifically contain a cost , estimate to the City of La Porte for its participation with the La Porte Area Water Authority, and other committed municipal and cor- porate entities within the boundaries of the La Porte Area Water Authority the City of La Porte agrees to pay its pro rata share of cost incurred by the La Porte Area Water Authority to update and revise said surface water feasibility study. In addition, the City of La Porte further agrees to pay its pro rata share of other re- lated interim costs, specifically including, but not limi ted to, interim attorney's fees and engineering fees related to said updating and revision of said surface water feasibility study. "Interim costs" e are specifically defined to be those costs incurred along the line &6 e e . -3- specified above, between the time this contract is entered into by said La Porte Area Water Authority and the other committed municipal and corporate entities within the jurisdiction of the La Porte Area Water Authority, and the time that actual construction begins on the proposed surface water treatment facility by said La Porte Area . Water Authority. "Pro rata share" is defined to mean that share paid by each particular municipal and corporate entity located within the jurisdictional boundaries of the La Porte Area Water Authority according to said entities' percentage participation in the proposed surface water treatment facility to be constructed by the authority, as expressed in a dollars per million gallons of plant capacity, as said plant capacity is requested by each particular municipal and corporate entity. In order to enable the La Porte Area Water Authority to assertain the pro rata share figures that each particular municipal and corporate , entity is to contribute under the terms of this, and similar con- tracts, the Ci ty of La Porte, Texas hereby commits to La Porte Area Water Authority that it is requesting million gallons' of e capacity in the surface water treatment plant proposed to be con- structed by said La Porte Area Water Authority. To induce the City of La Porte to commit its participation in said proposed surface water treatment facility and to commit to paying its interim pro rata share of the cost incurred therewith, the Authority pledges and agrees to exercise its best efforts to proceed with the updating and revision of the surface water feasi- bility study, based on the commitment it receives from the City of La Porte, and other committed corporate and muncipal entities within its jursidiction. Further, the authority pledges its best efforts to secure commitment from other municipal and corporate entities within its jursidiction, so as to reduce the pro rata share of interim cost to be committed by said entities. Further, e the Authority pledges to be diligent in obtaining the completion &'1 . . . -4- of the updated and revised surface water feasibility study. This Agreement is expressly made subject to the provision of all applicable statutes, enactments, and ordinances. This Agreement, executed in duplicate originals, may ,not be amended except by writing signed by both the parties hereto. In . witness whereof, the parties hereto have duly executed this Agreement at the date which is hereinafter specified. EXECUTED this the day of , 1984. CITY OF LA PORTE VIRGINIA CLINE, MAYOR ATTEST: CHERIE BLACK, CITY SECRETARY APPROVED: e KNOX W. ASKINS, CITY ATTORNEY \ LA PORTE AREA WATER AUTHORITY JERRY BRAMLETT, PRESIDENT ATTEST: , SECRETARY APPROVAL: JOHN D. ARMSTRONG, ATTORNEY FOR LA PORTE AREA WATER AUTHORITY G<f I e .. e 1fII", ~ . "" . MEMORANDUM CITY OF LA PORTE TO: Mayor Cline and Councilpersons FROM: Jack Owen SUBJECT: Final Bill from Turner Collie & Braden, Inc. Comprehensive Master Plan DATE: December 10, 1984 As you will remember, the final bill by Turner Collie & Braden, Inc. for the Comprehensive Master Plan was considered by the City Council at the meeting held on August 8, 1984. Since that time we have conferred with Dr. Neil Bishop and he has agreed to exclude all costs not related to an expansion of the original scope or other requirements placed by the Steering Committee and/or the City Staff. We have agreed to recommend an additional $30,600 dollars as payment for the additional effort. A copy of the final billing (which includes retainage) is attached for your consideration. e In addition to the above charges, the following charges have been authorized in writing: 1. Preparation and attendance - City Council Orientation $2,046.65 \ 2. Additional copies of Comprehensive Plan - $2,700.00 3. Preparation and attendance - Presentation to Planning and Zoning Commission Town Meeting - September 20, 1984, $2,500.00 A budget transfer from the General Fund Contingency in the amount of $38,000.00 is requested to pay all the above listed costs. We recommend that the transfer be approved and the additional amount f $30,600.00 be paid. i \ I tft/k- JO/llh attachments e H I - . . . e --- ~ n. . e Turner Collie (9Braden Inc. PO BOX 13089 HOUSTON, TEXAS 77219 5757 WOODWAY 713 780-4100 TELEX 774185 TCB HOU December 5, 1984 Mr. Jack Owen, City Manager City of La Porte P.O. Box 1115 La Porte, Texas 77571 Re: Final Billing, Comprehensive Master Plan Turner Collie & Braden Inc. Job No. 11-00014-002 Dear Mr. Owen: Attached is a final billing for the Comprehensive Master Plan for the City of La Porte. The final bill includes the retainage on the project as well as an additional $30,600 which were associated with effort that was in addition to the. original Scope of Services. A more detailed explanation of the additional charges are included in our letter to you dated May 3, 1984 (copy attached). , Based on our discussions, and in accordance with my understanding of the staff's e recommendation, the final billing does not include costs associated with items for which the initial effort was not properly estimated. The costs associated with that effort have been deleted from this billing. I trust this final bill ~i11 meet your needs, but if additional data is needed, please do not hesitate to call. Very truly yours, J'k;t ;: ~ Neil E. Bishop, Ph.D., P.E. Project Director NEB/bem Enclosures 11 ;;L, I RECEiVED e I f :l - lr. - (~4- CITY MGR'S OFFICE . CONSUlTlNC ENCINEERS . TEXAS AUSTIN DAlLAS/EL PASOIHOUSTON/I'ORT ARTHUR COLORADO DENVER/CRAND JUNCTION e .. e ....- W"_ ~ . ~ , e Turner Collie (6Braden Inc. CONSULTING ENGINEERS PO BOX 13089 HOUSTON, TEXAS 77219 5757 WOODWAY 713 780-4100 TELEX 774185 TCB HOU November 30, 1984 Chu Ci ty of La Porte Metzger P. O. Box 1115 Bishop La Porte, TX 77571 C1 i ent : 1214500 Attention: Mr. Jack Owen FOR PROFESSIONAL SERVICES Job No. 11-00014-002-8 003 Invoice No. 8409627 La Porte Comprehensive Master Plan Development and La Porte Sewer Master Plan March 31 - October 26, 1984 , - Services of Office Personnel: Sal a ry Cost: $11,049.01 x 2.25 $24,860.27 e Expenses: ' .. Telephone Tolls -- $. 13.84 Del i very Service ,398.15 Drafting Supplies 513.09 Outs ide Transportation., 95.72 - Reproductions 4,995.35 Meals & Lodging 6.55 6,022.70 Service Charge 10% 602.27 Computer Charges 121.28 Transportat ion 1.40 In-House Reproductions 2,595.43 9,343.08 AMOUNT EARNED THIS STATEMENT $34,203.35 Anticipated Billing: $235,030.00 Billing to Date: $218,190.35 Engineering and planning services for Comprehensive Master Plan and Sewer Master Plan. e H3 RECEIVED AA15 NLjct I :;..- ~ -~..( - CITY MGR'S OFFICE CONSULTING ENGINEERS. TEXAS AUSTIN/DALLAS/EL PASO/HOUSTON/PORT ARTHUR COLORADO DENVER/GRAND JUNCTION e .. e n. r-::- ~ . . .. ~, 11 C II. 0B d I .' . - r.::.. f'C, f-O\ ~ :!Ot,w e wrn~J..O le..ra .\::11 ne. ~~~'\~.g~D~~.~':~ ~-~1~ 713 ;-HO-411'(1 TLLE~ ;7';185 TeD HOt.: May 3, 1984 Mr. ...'Tack Cv:en City cf LaPorte P.O. bO>: 1115 LaPorte, Texas 77571 Re: Fee S~~Gary - La?orte COffi?rehensive Plan anc Kast~~ate~ C0!1~ction ana Treatment Plan De.ar :\~~. C....;en: ThE fo~ l.:......'iJ:!9 ~s a sUITili1ar.y report.. of the s~atus of expenci t\:res to GctE cnc s~~i~ated aoditional funcs ~eeaec to co~ple~e the LaFort~ C~~.FJrE~e~5ive Plan and ~aste~5ter Collection and T~eat- m~nt ~~~~ as c: ~?ril 30, 198~. C()~i:;:-):=~~-:'7-T-_~.':"~':.~_ _~j =:r: e 7-::::.. - '-'--.:.-c .-..'.-I.::::"..-.J.-'lo.,.,........f: ...c. r:--:-c. -n- ;:....::~i~.~o~.::!l V"':":!"T,,,:~"!".=.-...::-.J...=- J..'=.... ............_._ _, ...=.....J_ ....._..Lt:::.... ...... _c\.o_' c:.J~ .....u-=.___ ':.1;.0:_ ..I.____...._,;_~___ c_~ ~_..-._~..?..:.:...:,::-C CY". 'Table 1. FE:es e~:pe~}jec C:;l the C::~:?2"~-he::1s:..\.E. :::&.:-. __ ...:_ .:...~:.!"i:. ~C. tctal S159,335. ~r..i:........ ~2S.,~()::. r;',C)::--E- than t.:-~= S=-:?~/:;~'C. ;::.:.(;::etec for this assisn~lent. '::he thY"eE \:ol.u.r:'es of ~~~ ~~~~~~i~s~ R~p0rt of this projec~ a~e no~ ~noer review :...'\ _..__ ..-e-\.:.c".... C:i~.::.:t~eE= anc the Cit~,. st.aff. .z.:ss.i..lrr~:Lng rnirJ.imal c~an=25 r~s~]~ :~o~ tnlE review proce~s, we estimate expenditures c~ ~;?r0Y~~a~~~y ~lO!3CO will be required to complete this assis~- --~- i~c:~jj~c: ~~b~i5hins the ~inal Technical Report and cc~6u~tin~ ~~~ &5~i~i~'~~: ;e~~~~ CC;8ittee rneetin9 anc one ad~itional ~'ubli~ ~;~~~lns ,- :.~~0l-te. ~aE~6 0~ this estimate, the Con?rehe~sive :~~.. ~ll~ c~~t ~he cc~s~Jtcnts ~40,205 in excess cf ~he S~~ c!:iqir.all~. tr2c.~~f:otec. - -.,- -;:hi~ .;ssisrillient. .. - --..... .... ~E ~~i6ence6 =;- thE t~b~~2ti~l~ c~ ~able 1, IT!ost of ~~iE ~:.:~~~~ c':.~t ...._ C :"-E.5.'~J..-:' 0: ..:.c,.;,)c'::,- CC~F"...E aE:5o.,:iatec. ~~it.h "~as.!: ::. r:E~~ ,:.=~. , r::E-S:: -. ~S5,42G: cn'~ ',:~sJ': ~ f.S:3,C:66) I ~]us e>:oenseE :':1:- .:....:.:..:..":':.......~:- ~ i or. ( S 2 1 : ::; E: . ~~~~~~~~~~i-;:~~~i~~~~~~~~~~i~~E~~~~r~~e~~~,~~~s~~~~~~0~-~~~~~t ~~~rcSj:::.0~ ~~:C f2,(:OC ~_~c~~~.~c :c~ ~ech~ical f~~?c~~ ~~~'..i:.~E (;,;.:CI-:'C;::'~.c.;'I:';~-, '_._ '- ....:..,:.!.-r:.r -:::'tc..;. -~';~-::ij.e ":":c. ?ubJ ic :r.!:fc.~-;-.?.:7..ic..::~ - ~r()~ra~ ~~~ ~ ~~.'S cS~Ei60re~ ~ critical e)~~ent tc ~~E c;~sr~~: ~~ ~.': ~ ;,:.: ".,:r : ~.~ ,=. ~:_ ~ ~ ~~": '.:r.:,~~~ _ s :;~;?::. ,~~J~,;~ ~ '?~. t ~. ~;~ thi E EO:: c,~':' '.: ~ = _ _ . . ._ _".. _ '.'_ _ -'.. _ _ _ _ _ _. ..' _' ~ ~ \ _.. c .. . _ ( _ _ c _ _ J C _ __ n I... _ J. L. . ~ -- \=it./- t:.....;~~lf....( f'G:'l[P.~. 1!t.':"!a .=.\.~. ':"'\':'.~:. .l...., ..... ::............ ((lIC'f~DC ;)~....\~F.\.:R..'.~j!.............:!... e ,. e ..:- .~ n_ . . . e TurnerCollie~1'Brc1den lite. . May 3, 1984 Mr. Jack Owen City of LaPorte Page T"wo The ]ar~est part of the expanded effort involved the Review Com.Ini t tee rneetings. fo.S orisinally envisioned, a maximum of seven F-ev iev.' Cc.rruili ttee meetinss ""ere proposed at which the project leacer, and possibly one additional member of the project team, woulc TIieet v:i th the Fevie..... CO;TllTli t tee for an informal disc'I.1ssion c= pJ~o9ress to . . Instead, nine ca'L.e. Revis",' C():iJni ~tee i7;eEti~gs 'V" -= r e " ,- ~nd c tenth is a!1ticipated. nE..!..C - .... - C>: ,_ 0 c.iscussic'!1s, the r~e\r i ev."' CO~ur:i t tee mace it J.DS....E:2C :i ~ I 81-;:-10..i -- ~hc ' . . ;nE-eting that they E:x?2cted a "presentation Clear --......C'~ c.~ _. -...... -' "- or results .;.,... co-:.e", these presentations l-eC"u irec substar..tially t...\"',- more ac-\-- e:::!ce::: ~~.-epal-ation before eaCh Re-v~i E~" CCTIliTli t tee meeting than K2S . . - .. intended. Crl.-l::J.l r~a.!..l 'l - ~ .~rJot~JE:!" ~. ~ r-: c: ....;::;=:1... , which expanced significantly beyond I - , the Cfr i;~:. r;=.l sc-:pc, ,L' Technical ?<::port. 711: - , . , ....,=:..:::. ,--ne '1 ecnn1.ca... Rei=fOY~ '.: a E' c'r i ~ i~~ 2.11 \- pJa:1ned. as a SU;iliTIc. rv' 0= .s:: . -. and l_lnCl!",)':;S - - cone _, '.; S:~ :.!": s . ::.: ~,,; e"',; E:'- I as a :-esul t- o: ..... CC;~JC-2rn 0= rnember 5 ~.!."1e e c':. t~-= :. -::-. \:- :. ~::- ;..- ;:':.:::..:.i t-:€:E ~:Ja."C the\~ hac.: r~ot [jaQ su:'ficiex:t time to ... '"'' b2 ci: -: r-~ e F~-CJ eet IS .... ... 1-e\-:. st..: c.: ..;. -~:~e c-=-"tc:.J....:.e:: up "':"",....- I~nc~rlC~~ ..:.. '-'~ anc c(:.:~~:: 1 ~..: E :~. ': ~~ ~ , T'e.chr-~i:.:a :. F~epc;~t ... -.. e ~i';r!i: ica.rJtl~1 ei:~C.rl~€:: -...- "'-.::- tc a t.~]" "==E -'.~ C:.t -...::-:--.-= 'C.::e 5~:?::;t:.c. -:i or~ v:: 1 tr~ C. .;- ::... .... -:. c. C' 45 folc.-out '-....~..L__ _ , exhibit~, 2;';erlc:~c':'2E- . 'I r!€ -:.&:1.5 - , .:".. ;"- t: e):;. a:-: =::. c'r_ e: aOCUT7'!~rJ"t:. .. . .' -.. . - "':"c', :-,or CCEts ;:;oth preps:r-ation sUDs-;:.an-.::::..:;.:. __y :"~::reasec C'W=:- :. (..\:.- ana rsy]. eV.' C: :-1 C r..... J_ s ::~ f.e.:. es t.c .a. ..._ cos-:. ...,- re~1-o6uction as c.;c:- ~ .:...;;:; ..... - ....- cussec ' , ;:;:=:.!. C"v: . .;'8 a. ::~sult c= c..:)C:'V.€ f .-....-..---- ~__.J- c?;.roximately S25,OOC -...- h-: '.:.,.;:: \.o...!..; I c. '- ";:- 1_:.:::A ~ of t:'E c::citic':J5.1 _~ :D':"";: c~s-:. : c..~- ': c s}~ :result of .!...........", e:-:pc.:r,- - ....~ Co '-J.':'C sian cf t rli ~ rrcs.}~ ' - , , ctr-i(:ina:i. ;:; e ~; c<:~ c ..:. '-::: E.cope. Task l:. - \..;:r: i.. : E: ' , :-;Ih~j:: i::2.:' p 12:-: UE::SlC:i e)-;ceecec. the oric..:.ricl 7_:";e :Oucig-~-: by' 5 C:::'"I €. 5~,~20, "'..~. 0" rJc,'":, seE:: T.tis as the ::.esuJt.. c:f c.n '''; expar!sj er: 0: ':.J.L:."!: . . - ~ c.:.'p-= I 1_'0",- :"-c.t.her result c.: c'::- .:: c 1;-.. c _ JwiU L C. 'cr;.::.s~ - budget i:-~S; . . . - ::.:"=.r::-jE:C efiol--:'. TIle . . . . c..::.::: c.::.-.!...; :.]':..:: .i....; y cr.::.:npJ.E:':~ -~:'_::S !.:): thi~ ::.~r-: c: .:'t:~ . , \.:: -= r E. r~ct 80?;PJ.E::'~::'~.:"' :r or e s C"c!'.: ::: ~::.::. c: :-.:- E-:":.-;:- \.,... n -2r~ th2 ~ :- c j (-.::-: . . - - ;:,'.,::c ~ ':;7" ec. . ....c. :: .:-.::,-:: ~~:... ~~G. _. _ \. - - r;.? s}: E - T~~.= L : .:"'. 2. ;1. ..: .:::.;';C .:: -~:: .:.::. -,: :: ~ : 1:'T": C,,;'6i ~.L=r~c:-::'s ;,,)i:-!. G ~:...:: .: ;-:. 2 1- '~G ;::"\~ -.-..-.-. --- 0U::- ~......:. !::1"~ -::-Ir~ -:: ~..;;. c:.~ :. :- - - - .-- -- i-:, . :-; ~~~~; '!."Y' r .=. :: : .:~~: i c ::.':-;' 2 . .This :.. ~:. E. l G !-.L~:.:::? r~-:. . -- - .. - ..- c- . . . ... - - - -- .~- ~:'I:/~SC 5.. s f::' S t. i~~IC ~ .::-.:S, \r; a !: C'~"'lS?::':-,c": ...:.:.: :~.'_. :; ;:. ~:. ~ .=.:.. . -- :... :-J:: n ::~ v; ~_O C8S-:' a;>F'~- (:)" i:7.o. -:-.: E: l~. S :. (i , 0 0 C. G~ - - ---- ~~,CiOCi t~1E . . - b.jOO E: t . c:_...,.; ~_ c~.\~ '2 r C.'T"JC1!i21 ....... . -...,.. . c c:- ", C' rES".1~:: c: ";,... ;__r~ tj E. ~ '"'.:. f=':: a t. "'C8:l"J(~c.rJcE: arJc ~:.- ~SE::ntat i c:r.: J.r.1S c:.? \.... .:... _ ~_J 1';: - H 5 e .. e - ~~ ~ . . .. e TurnerCollie~)Brc1den Ine. May 3, 1984 Ivir. Jack Owen City of LaPorte Page Three by the consultants at rneetingE in LaPorte beyond the four meetings oriqinally planned. A presentation before the Planning and Zoning COITt!i'.issic.n and a presentation 0.1: the third public meeting by these consul~ants were not anticipated in the original scope of the project. In addition, beca~se of the concern of the P&Z Commissior, ane the Reviev: COril:T,i ttee ever 'the new proposed zoning OrQl~auCe, a ~?ecia~ section o~ ~he ~e~h~ical Repor~ cove~- ir!s ".~c.f!iirjis~rc:ti~~E: C011trolE,II ~-GS CClr1:i(:E::!"~C. neceSS2r\1. This ,^,-.~C: not anticip~~e~ ~it~in the original scope. As a resul~ 0~ the expanded scope cescribec above,' S3,SOO lD excess of oric~nal budget is require.d to complete Task A. .~-=.~r~~.~.~~-:._~.~:..:. - :-he cost.s of reprc.duction ;:'1-0 estiITiotec tCi e):.:e~?c. t~e ori~i0a: c~cget bv approximately $2,100. Ke eEt~~ate tha~ al)ou~ ~900 c~ ~hi~ a~~unt is the cost for ~ne 700 copies or t~~ :t:.rc:cF";"..1:'-e =\...:-..--2.~~'.. :=:.eFh~rt :r-=c:~Estec. b~' the Cit:~- ~n ~:~cess 0:: \,...J~ e -, - r . .., . - -. 0 ' , ... . ~.-.......... - ,-- - ... - -....,.... -I - +-.... c r........ 00,,:,," ,.... ::, ..-,.... '-""1"",\(:::. .J."'':;. ~ - -: ..,.. - - :::: ...... . I .:._v L.'_'~_''';'\,:=- '-c..:~=:.~ J.L.:_ _.:.: \....:.._ '_'_~',:,":'J.';'_':" :::'_'-'~_. .':"= __'-_J:":::A.,,-_~, '"'- of tr-..ls c_;:.':;:~;"~-:. :E th-s cc;s-: ::..(.~ "t.rJE 20 re.\:riev,~ cOF.ies elf 1...:1: Technics: F~~:~t ~~lC~ w~rE ~CJt c=i0i~a~ly ~ithin the ?roJ~c~ ECQ?c. "''''~,::" =.~.=~r~ln.;- $500 __ th': :r~s;.:l t 0:: t.i1e E:J.:pa11cec Tech~ic~: ~~~:~t ti~~bsse~ lince~ Tas}: ~ abcv5. :_C:.!=_~; A.. ~.~~~. ~..~.::==__~CI ~_)~Dc.n~e~ S~C;.S lOCo S"i.l:-:-_-.::.::.-::--=# ~'.'::: es-t.i?l,cte. tlJE."':. c!=J?!.c.:.::.::-.=-tel~~ $30,600 of the S4C/2~(. ~~::~ ~ne Cc~?rehe~sivE ~~_a~ is 2Et~~2~e~ to cost ~n E>:-=eE':: c.: .. _ ~::29!~30 ol-igir~2.l1~- ;:la80~c-~-=C :Cl~~ L.-his assignment is a r~5~1~ :- ~ne expansion v_ the ;rc.~2c~ scope beyond that origjar.~~ly ~~~~ete~ a= follows: ----- :. - $25,000 ~a5~ E - 3,500 ~~?:-~~u~~~c~ - 2,100 ~:~r. I (:00 7':1'; ~:~~Iai~.i::~:: c.: _..~ ~.:--:.:.2.-:S .::.:'E'-; ~-...=:S'~..:.7.-2-: :~~-..J:7. c,'ur l.tllderb'u6ueti.:-~= ..... _ t:-: ~ c~~" ~ s.: ~_ :0:':' ~ s: ":';:.: r-': ."..::. !,.. :~: .. e 11 ~ e .. e ... .' ~ . . . , . e Turner Collie0 Braden lne. May 3, 1984 Mr. Jack Owen City of LaPorte Page Four Wastewater Collection and Treatment Plan As shown in Table 1, S75,OOO was budgeted for the Wastewater Plan. As of April 30, 1924, $65,280 ~2S spent on this assi9nwent. We estiffiate th~~ c2sisn~ent can be cc~pletec within the originally buc5.geted .~c.,:.=.::.. ....7E:r~l trl:.:i.~- ~.:.,~~~s I It./~ I. 4:./7- /. i '..;;...-t" ::;,...-- ...,0,,-... ........ Keil E. -- ~:; ::;.. , :':"r..::. , F.E. :;,-'rc.'jec-:. :", ~":;:=.-. .:.:- 1"~S : l::e~. e .::.:rj~ _':: s ...:.~..-= \. . e RECEIVED H'1 /2 -lr - g<<l- CITY MGR'S OfFICE e .. e ..- w_ :'IJ . . . . , TABLE 1 Summary of Budgets. Fees and Expenditures LaPorte Comprehensive Plan and Wastewater Collection and Treatment Plan - Expenditure Requirements Percent Expended Fee To Complete Task Budl1:eted Fee Complete As Of April 30, 1984 Assignment Comprehensive Plan/Labor Task 1.0 Public Information $ 15,653,00 95% $ 40.207.00 $ 3.000,00 Task 2.0 Environment 16.683.00 100% 17 . 341. 00 Task 3.0 Economic Analysis 27.865.00 100% 27.865.00 Task 4.0 Community Facilities & Residential 6.272.00 100% 6.916.00 Task 5.0 Physical Plan 22.772.00 100% 28.192.00 Task 6.0 Zoning 16,960.00 95% 16,526.00 3,500.00 Task 7.0 Implementation 13.725.00 100% 13.725.00 Subtotal $119,930.00 $150,722.00 $ 6,500.00 Comprehensive Plan/Expenses Computer Charges $ 4,000.00 $ 4,345.00 Reproduction 3.000.00 1.338.00 $ 3.800.00 Transportation 500.00 1.090.00 Technical Support Services 2.000.00 1.840.00 Subtotal $ 9.500.00 $ 8.613.00 $ 3.800.00 e Total $129.430.00 95% $159.335.00 $10,300.00 Wastewater Collection & Treatment Plan/Labor Task 1.1 Treatment Evaluation $ 6,500.00 100% $ 6,500.00 Task 1.2 Collection Inventory \. 13.600.00 100% 13.000.00 Task 1.3 Collection Evaluation 8,600.00 100% 8,600.00 Task 2.1 Design Criteria 1,300.00 100% 1.300.00 Task 2.2 Proposed Improvements 16.000.00 100% 16.000.00 Task 2.3 Financing Plan 5.100.00 100% 5.100.00 Task 3.1 Technical Review 3,720.00 90% 2.600.00 $ 1,120.00 Task 3.2 Report Preparation 15.800.00 90% 10.400.00 5.400.00 Subtotal $ 70.620.00 $ 64,100.00 $ 6.520.00 Wastewater Collection & Treatment Plan/Labor Computer Charges $ 300.00 $ 300.00 Reproduction 3.l8G.00 400.00 $ 2.780.00 Transportation 700.00 365.00 335.00 Technical Support Services 200.00 115.00 85.00 ...... - Sui!.total $ 4,380.00 $ 1.180.00 $ 3,200.00 Total $ 75,000.00 95% $ 65.280.00 9,720.00 e t1 ~ e " e I w_ ~ . . ' ~\ ., CITY OF LA PORTE ..~ . CHECK REQUISITION " _PAY TO: AHOUNT: S?04F. F.l:i Turner Collie & Braden . . - ---. DEPARTIIENT: FnC'inpPTincr P. 0.. Box 13089 #900 Houston TX 77219 DIVISION: DATE: Sept. 7, 1984 -" INVOICE DESCRIPTION ACCOUNT NmlBER NUNBER AHOUNT 8406696 Additional services as per letter of June 22nd, $2,046.65 Professional Services for bO:3 "801e - 80Co -5C,,! La Porte Comprehensive ~2ster Plan Dev. & Sewer Master Plan June 22, 23, 24th, 1984 P '= C !:T\1 ~ D " . (La Porte City Council Retreat) ..ai- """'1- Job No. 11-00014-005-1 e .~,.."'\ 7 1~ ~4 Previous Billing(s) $204,430.00 vcr . -- ......, '" -- ..- u. . .. This Invoice 2,046.65 Total Billing $206,476.65 Copy 6f Check to Engineering Dept. . TOTAL $2,046.65 THE ABOVE HAS BEEN REVIEtlED AND RECO}~1ENDATIO:l" FOR PAYHENT IS I-1ADE BY THE UNDERSIGNED f\~ ~ .... ..'! . . t ...1 ...., . ,. , ACCOUNTING APPROVAL D~~sioN HEAD APPROVAL Q,/:k,~_~ ~;..;-tr-' I" ) ,,_y. I~_"" .-,~::'..\ . AD:-lIl'\ISTRATIO~ APPROVAL DEPi\RTHDiT DIRECTOR APPROVAL v" II . ~~<s \ 0 '1\J.-L 11 ~ . ... -... - --, - . ........ ~ l ,/ . . CITY OF LA PORTE ! . ,...:...:,.!..:.:~ : .:-'~ : PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571 · '.~::~.~:,-l'-;!~:,'_::I:.:I:.._~, .~L~ .~:~L;.::~~1r:i;;iTGI:.:.~:=:;~:Z::::~::==~li~t::L1~~~L July 25, 1984 . . Turner Collie & Braden, Inc. P.O. Box 13089 Houston, Texas 77019 ATTN: Mr. Neil Bishop Re: City of La Porte Comprehensive Master Plan Contract Dear Neil: This letter shall serve as authorization to print an additional 50 copies of the City of La Porte Comprehensive Plan. ~ (Volumes 1-3) Please print the additional volumes incorporating the same graphics as in the original documents. It is our understanding that the cost of .this printing should not exceed $2700. Written authorization from the City of La Porte ._will be required to' exceed the initial budget of $2700. Yours truly, i' (j . - . . .-\. .~.._--,. '. .~-_._.,/.,.. - . . . .-....,.--. -.'--"- ... ,... .-. - .--. --- -- . .." '. /t. r '--"""-' .. ......0 ..' . tlj~Ck Owen .-. .. .. City Manager lb ;") . 0 ,. . \"" .... _ _n . _....i1 t:. ~ ::. I .' 1.: i.~ r'l !"-I 2 4 03a:"',~ .J v .' l..~C.. . 14 10 , . .. . --- --~ e ~. :....~. ..~ '..::~~:'i'c.: ':.~{,:.'.::<l . . . . .... .. :,',.' ..:......... ~ -, CITY OF LA PORTE I ~. PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE:. TEXAS 77571 I . . '. "." I .- I .' ..... :......:. ." :-~...,. ~ '7"~:-'" .-.-,',., ,.~--:. '~-:;:"'~~-- ... i .......-:.. .~:'9.\~.... :~_. ........ . t~...:"~...... .....- -,:' - '~'~'::.:. :.:..::~.:~ , .' __. '"0..... .. . "'0- ... .. ..:...,' .... ....._...~...:_~;..~... ....... ..:..........._...: .-. _......~...:.:.,..:.....:~..~..:....._..._.._;.:.<l.;.......e......."I:.. ....:...... _..._~~_:..:.~......~.:" .........:.....:;.:~l;.;a.:......:.. Septerrher 17, 1984 Turner Collie & Braden, Inc. 5757 \.,Toodway P.O. Box 13089 Houston, Texas 77219 ATI: Neil E. Bishop RE: Additional Services - City of La Porte Comprehensive Plan Agreement for Engineering Services Dated 9/26/83 Gentlemen: This is your authorization to proceed with the additional services necessary to prepare for a presentation to the Planning and Zoning - Cum.u.i.ssion on September 20, 1984. The compensation for services shall be as outlined in Section II of the Agreement for Services dated September 26, 1983. h1 initial budget of $2,500 has been established by the City. This budget is not to be e..'Cceeded Unless specific written autho~ '7!]tion is given by the City. .~ . \1-u:erelY". ~~k &{.~/ ;/ Jack Owen .. City Manager ..- ~.- "-..-.1 -, ::"iJ ta ..:< i:' "" e- . : .r"'''-z:. on ............ ~ \ ." .\.i.C-" U' , ,... l ,,,,. .. '. ~,:'. . . ,~ , I I. e . TO: FROM: Date: Nov. 29. 1984 City Manager John Joerns e REQUEST FOR CITY COUNCIL AGENDA ITEM 2. Report X Resolution 1. Agenda Date Requested: December 5. 1984 Ordinance - 3. Proj~ct Summary: Consider professional services necessary for preliminary report and design of sanitary sewer lines and appurtenances to serve Battle Grounds Vista Subdivision. 4. Action Required: ~pprove proposal submitted by Don Grisham, P.E., R.P.S. 5. Alternative: e 6. Recommendation: Recommend acceptance of proposal and authorization of CitY,Manager to execute a contract for professional services. -- .:. - j".:~"Exhibi ts : See attached memo ......"..~ .~4i._"'.. .- _t"-"..:.- ..{O.':"~ .: . . a.Availability of Funds: General Fund X Water/Wastewater X Capital Improvmt. General Revenue Sharing Other Account Number: 003-806-806-886 Funds Avail ab le: X Yes No . .1 . --- 9. ppro ed fo; ~counCil.Agenda "ul /;~------- /; ';. City ~,~J~a-ger :]:, Date t- . , I -- . . - ...- -.-- ...-. ..e - - .--.. ~. _.... --..-.. '. - .. - -- . ....-.- - CITY OF LA PORTE '- ..... . '--~....._., . INT~R-QFFIG~ ~EMORANDUM ...._.w . _ -.- ___. .... .. ._- - - - . . - - . . _ ." _. . . __ ._.___ 4 ....._____~. ....__..._.~._. .,...0 _.... _.._ . . . .-- . - .- -- _ _.--. - .-...... . . - .. ....-.." ._.. ... -. . ...' -....--. . ........... ~e . TO: JACK CITY MANAGER FROM: JOHN NS, DIRECTOR OF COMMUNITY DEVELOPMENT . . -- DATE: 20, 1984 SUBJECT: PROFESSIONAL ENGINEERING SERVICES FOR SANITARY SEWER IMPROVEMENTS FOR BATTLE GROUNDS VISTA SUBDIVISION This year's capital improvement fund includes $165,000 budgeted for extension of sanitary sewer lines and necessary appurtenances to provide sanitary sewer service to Battle Grounds Vista Subdivision. In anticipation of this project, I have requested a proposal for professional services from Don Grisham, P.E., R.P.S. Although Mr. Grisham has not specifically worked for the City, he has designed several subdivisions in the City of La Porte. Mr. Grisham has also kept abreast with the City's comprehensive planning efforts and has taken the time to attend several meetings and provide comments to the staff on the proposed subdivision ordinance. e Mr. Grisham's response to our request indicates that he is willing to provide ~he necessary professional services on a reimbursable basis not- to exceed the curve for projects of this magnitude (curve A) as set forth in the manual by the TSPE & CEC for general engineering services. All special services will be billed at actual cost plus 20$. Based on the estimated costs, the engineering and additional services could run between $16,000 - $20,000. Mr. Grisham is capable of providing the necessary services to the City in a timely fashion and based on my knowledge of the firm, I recommend favorable consideration of the proposal. tla -. "- .- - . e I c2" e e BERDON LAWRENCE P. O. BOX 1343 e HOUSTON. TEXAS 77251 December 12, 1984 Mr. Robert C. Speake City Engineer City of LaPorte P.O. Box 1115 LaPorte, Texas 77571 RE: City of LaPorte, Texas property at the mouth of Little Cedar Bayou on Galveston Bay, Harris County, Texas Dear Mr. Speake: As you know, I am the owner of the property south of and adjacent to the captioned property owned by the City of LaPorte. Over the past several years, a substantial amount of erosion has occurred along that portion of my property and the City of LaPorte property which abuts Galveston Bay. In order to restrict the erosion of this property, I have constructed a bulkhead along a portion of my property and the City of LaPorte property. I am interested in preventing further erosion of the property and in pursuing that e goal, I would like to make the following proposal for consideration by the City Council of LaPorte. I propose that the City of LaPorte approve the lease for 40 years of a small portion of the City of LaPorte property, the approximate size and dimensions of the property as outlined on the attached drawing. If approved, I would arrange for a survey of the property to be prepared by a registered public surveyor to be mutually agreed upon. In exchange for the lease I would contract with the City to take steps to prevent the further erosion of the City's property. This would be accomplished by the installation by me at my expense of an additional 50 feet of bulkhead and rip-rap on the leased property plus rip-rap over compacted site filled at a 4:1 slope from the limit of the leased property along the bank of the bayou for an additional distance of 200 feet. Detailed specifications for the rip-rap would be subject to the approval of the City prior to installation. I estimate a cost of $20,000 for the purchase of the appropriate materials and cost of installation. If I can provide you with any other information regarding this proposal, please feel free to contact me. Otherwise, I would appreciate it if you would place my proposal .on the agenda for the next meeting of the City Council of LaPorte. Yours very truly, ~AA.~ t V-c.Il e Berdon Lawrence CBL/lar e e e DATE : December 12, 1984 MEMORANDUM TO: Mayor and Councilpersons n. FROM : Bob Speake, City Engineer and~~ ~n..t Stan' Sherwood, Director of Parks and~tion SUBJECT : Erosion at mouth of Little Cedar Bayou BACKGROUND Several months ago, Mr. Berdon Lawrence; the owner of a residence on ~he south bank of, Little Ced~r Bayou at its mouth at Galveston Bay, expressed his concern :to' Mr. .Owen about severe erosion of the banks of the bayou next to his prope~ty. ' His concern was that continued erosion might threaten the foundatio~ of his house. Stan Sherwood and Bob Speake began investigating the problem. City sur~eyor~ mapped the exis~ing conditions and proposed solutions ~ere discussed. The most feasible solution which emerged from the discussions was to use heavy equipment to convert the embankment into a natural gentle slope and to riprap the new slope to protect it against wave action. The City survey revealed that Mr. Lawrence had encroached onto the City'~ property with his fence and a portion of his bulkhead. The ~taff met with Mr. Lawrence who explained that Hurricane Alicia had destroyed much of the bank and he felt that em~rgency action was ~ needed to protect his home. So, Mr. Lawrence had his bulkhead .., extended far enough to protect - his home. from immediate danger. Exhibit B graphically shows the extent of the erosion of the mouth of the bayou..since 1969. PROPOS ED CO\lliCTIV E ACTION .. . . . Mr. Lawrence wishes to cure the encroachment by leasing a 2000 square foot .triangle of land (shown on Exhibit C) from the City. .He proposes to protect his shoreline by extending his bulkhead about 50 feet. In exchange for the use of the City land, Mr. Lawrence proposes to protect about 200 feet of the City's bayou shoreline in the manner outlined above (See Exhibit D). He has agreed to do the work under the City's design and specifications and to the City's satisfaction. R ECOMM ENDA TION Though we are reluctant to give up some control of the mouth of the Bayou, which figures prominently in the City's future plans for Little Cedar Bayou Regional park, something must be done to arrest the rapid erosion there. As you know, land lost at a level below mean low tide reverts to State ownership and cannot be reclaimed. The corrective action proposed will have minimal impact on the City's'control of the mouth. It will also cur.e the erosion problem for the foreseeable future at no expense to the citizenry of La Porte. Accordingly, the ~ staff recommends approval of Mr. Lawrence's proposal. cc. Jack Owen, Knox Askins, and John Joerns e e TO: CITY MANAGER FROM: DATE:; . : . -- PUBLIC. WO~S . . . . " .. December 4. 1984 . . . . . . . . . . . . . . REQUEST FOR CITY COUNCIL' AGENDA ITEM 2. X Report .- 1. Agenda Date Requested: December 19. 1984 - Resolution Ordinance .. . 3. Project Summary: Sealed bid for a front loading commercial garb~ge truck. 4. Action Required: Award bid. 5... ~t.ernati ve : e None. ., 6. . Recommendat~on Award bid to low bidder, Indus~rial Disposal Supply, for $112,335.00. 7.' Exhib~:ts: Attached. 8. Availability of Funds: General Fund Water/Wastewater X Capital Improvmt. General Revenue Sharing Other Account Number: 015-700-703-853 Funds Available: X Yes . No e 44 Requested " , ,...--....., 9. \PPr~t;;;!Z;=u Agenda . . . . . . . . . . . . cpt Ma ager Date . e e CITY OF LA PORTE INTER-OFFICE MEMO~DUM TO: Jack Owen, City Manager DATE: December 4, 1984 FROM: Ja'?j:RaY' Pure sing Ste illett, ting Director SUBJECT: Seal Bids - Front The City of La Porte has received sealed bids for one (1) front loading garbage truck. Bids were received from Industrial Disposal Supply, Environmental Sales and Service, and World Wide':Trucks. Apparent low bid was submitted by Industrial Disposal Supply for an E-Z Pack FLD-35 mounted on a Crane Carrier chassis for a total price of e $112,335.00. This unit meets the intent of all specifications. Second low bid was submitted by Environmental Sales and Service for a Leach 2-F mounted on a Crane Carrier chassis for a total price of $113,950.00. This unit meets the intent of all specifications'. High bid was submitted by World Wide Trucks for a Dempster HD-DP80-34 mounted on Crane Carrier chassis for a total price of $118,733.00. This unit meets all specifications. Budgeted amount for this unit is $120,000. It is recommended that the City accept low bid from Industrial Disposal Supply for an E-Z Pack FLD-35 mounted on a Crane Carrier chassis in the amount of $112,335.00. If you should have any questions, please advise. JR/SG/lw ,- '. . e TO: CITY MANAGER FROM: DATE; .: . r. . . . . Public WQ~ks . . . . : , . '. .. November 26, 1984 ~ . . . . . . . . REQUEST FOR CITY COUNCIL' AGENDA ITEM 2. X . Report December 5, 1984 .- 1. Agenda Date Requested: - Resolution Ordinance , .. 3. Project Summary: Sealed bids for one (I) high compaction, rear loading ~esidential garbage truck. 4. Action Required: Award bid. 5. ~t'er:native: None e . " 6. . Recommendat;J:on Award bid to low bidder meeting specifications to Env~ronmental Sales and Service for a 25 cubic yard garbage truck in the amount of $66,864. 7.' Exhibi.ts: Attached. B. Availability of Funds: General Fund Water/Wastewater X Capital Improvmt. General Revenue Sharing Other Account Number: 015-700-702-851 X Yes . No -AI Requested ~ . 9. I~ ~.s:-~ .Pv Date e e CITY OF LA PORTE . ~. l~~~rt-OFFICE MEMORANDUM . TO: Jack Owen, City Manager DATE: November 21, 1984 .. " FROM: JaCk~PurChaSing Agent Stev G. t, Assistant Dir Works SUBJECT: Sealed B ds - High Compaction The City of La Porte has received sealed bids for a high compaction, rear- loading residential garbage truck. Bids were received from Basic Waste Systems, Industrial Supply Company, Environmental Sales and Service, and World Wide Trucks. Apparent low bid was submitted by Basic Waste Systems for a Heil Formula 5000, for a total price of SIXTY FIVE THOUSAND FOUR HUNDRED TWENTY FOUR DOLLARS ($65,424): This unit was apparent low bid when trucks were purchased last year, and was disallowed for not meeting specifications. In summary, the hydraulic system, which is the heart of a garbage truck, is a high pressure - low volume system. Because the City has experienced maintenance problems with this type of system, the specifications called for a low pressure- high volume system. Specifications also called for a minimum average of 900 pounds per cubic yard compaction. This unit was tested last year, and the best compaction obtained was 850 pounds per cubic yard. Because this unit does not meet specifications, and was disallowed last year, we recommend that this e unit be again disallowed. Second low bid as submitted by Industrial Disposal Supply for a Loadmaster 125 series, for a total of SIXTY FIVE THOUSAND EIGHT HUNDRED SEVENTY EIGHT DOLLARS ($65,878). This type truck was bid last year by IDS, but the unit was a 425 series Loadmaster. Because the same specifications were used, and no data is available on the compaction, it appears that an inferior truck was bid this year. Close examination of manufacturer's specifications reveal that the 400 series truck is a more substantial truck. The 100 series truck is a standard compaction truck with increased hydraulics, although the hydraulic system does not meet specifications. Because the 100 series Loadmaster is not the same truck bid last year, using identical specifications, and does not meet specifications, we recommend that this unit be disallowed. Third low bid is from Environmental Sales and Service for a Leach 2-R for SIXTY SIX THOUSAND EIGHT HUNDRED SIXTY FOUR DOLLARS ($66,864). The Leach 2-R meets all specifications, and is the same unit as was purchased last year. The City has had excellent experience with this truck, it compacts in excess of 1000 pounds per cubic yard, and it would serve to standardize the fleet. High bid was submitted by World Wide Trucks for a Dempster Route King II, for SEV&~~f FOUR THOUSAND TWO HUNDRED SIXTY NINE DOLLARS ($74,269). This unit meets all specifications. Budgeted amount for this unit is SEVENTY FIVE THOUSAND DOLLARS ($75,000). e We recommend that the City accept low bid meeting specifications from Environmental Sales and Service for a Leach 2-R in the amount of SIXTY SIX THOUSAND EIGHT HUNDRED SIXTY FOUR DOLLARS' ($66,864). If you should have any questions, please advise. JR/SG/me . e e ORDINANCE NO. 780-GGGG AN ORDINANCE AMENDING ORDINANCE NO. 780, THE CITY OF LA PORTE ZONING ORDINANCE, BY CHANGING THE CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section l. The City Council of the City of La Porte e hereby finds, determines and declares that heretofore, to-wit: on the 30th day of October, 1984, at 7:00 P.M., a public hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice, to consider the question of the possible re-classification of the zoning classi- fication of the hereinafter described parcel of land. There is attached to this Ordinance as "Exhibit A, II and incorporated by reference herein and made a part hereof for all purposes, a copy of "Notice of Public Hearing" which the City Council of the City of La Porte hereby finds was properly mailed to the owners of all properties located within two hundred feet (200') of the properties under consideration. Section 2. The Publisher's Affidavit of Publication of e notice of said hearing is attached hereto as "Exhibit B, II incorporated by reference herein and made a part hereof for all purposes. Section 3. Subsequent to such public hearing, the City of La Porte Planning and Zoning Commission met in special session on October 30, 1984, to consider the changes in classi- fication which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letters dated Novemebr 20, 1984, the original of which letter is attached hereto as "Exhibit C, II incorporated by reference herein, and made a part hereof for all purposes. e e e e Ordinance No. 780-GGGG, Page 2. Section 4. On the 19th day of December 1984, at 7:00 P.M., a public hearing was held before the City Council of the Ci ty of La Porte, pursuant to due notice, to consider the question of the possible re-classification of the zoning classification of e the hereinafter described parcel of land. There is attached to this Ordinance as Exhibit "0", and incorporated by reference herein and made a part hereof for all purposes, a. copy of "Notice of Public Hearing" which the City Council of the City of La Porte hereby finds was properly mailed to the owners of all properties located within two hundred feet (200') of the properties under consideration. Section 5. The Publisher's Affidavit of Publication of notice of said public hearing before the City Council of the City of La Porte is attached hereto as "Exhibit E," incorporated by reference herein and made a part hereof for all purpo:'ies. Section 6. Subsequent to such public hearing, the City Council of the City of La Porte reveiwed the written recommenda- e tions of the City of La Porte Planning and Zoning Commission, and all of the evidence presented before it, and the City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte J?lanning and Zoning CUlluuiss ion, and the zoning classification of the hereinafter described parcel of land, situated within the . corpora te limits of the City of La Porte, is hereby changed in accordance therewith, and the zoning classification of said parcel of land shall hereafter be "District I--Industrial" with use strictly limited to marshalling and preparation of new automobiles. The description of said parcel of land re-zoned is as follows, to-wit: That particular 5.019 acre tract of land on the East Side of State Highway 146, at the State Highway 225 inter- section, more particularly described on "Exhibit F", attached hereto and fully incorporated by reference here- e in. . e e Ordinance No. 780-GGGG, Page 3. Section 7. 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 e 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. Section 8. This Ordinance shall be in effect from and after its passage and approval. Section 9. The City Secretary of the City of La Porte is hereby directed to notify the applicant of the zoning reclassifi- cation that has been approved by the City Council of the City e of La Porte and is contained herein. Said notification shall specifically contain the following language: TO THE APPLICANT: The application for rezoning you filed with the City of La Porte has been approved. Take notice, however, that the City of La Porte is undergoing a Comprehensive Plan adoption process. This Plan adoption process includes the possibility that the entire City of La Porte, specifically including your property, would be rezoned. The granting of your application in no way affects this possible comprehensive rezoning effort by the City of La Porte, and you should understand that in order to insure your input as to the future zoning classification your property might have, you should attend the public hearings that will be scheduled. e . e . e Ordinance No. 780-GGGG, Page 4 PASSED AND APPROVED this. 19th day of December, 1984. - " \ CITY OF LA PORTE >> . e C;;J~J~&/~~ : Virginia Cline, Mayor ~ ATTEST: ~~ Cherie Black, City Secretary APPROVED: e . .. e e . . e :'l ... ., e - . . . - " \ .' NOTICE OF PUBLIC HEARING e In accordance with the provisions of Ordinance 780, the 'Zoning Ordinance of the City of La Porte, a public hearing will be held at 7:00 P.M. on October 30, 1984, by the La Porte Planning and Zoning Commission to consider rezoning a'5.019 acre tract of land on the east side of Highway 146 at the Highway 225 intersection from commercial to industrial. This hearing will be conducted in the Council Chambers of the La Porte City Hall, 604 West Fairmont Parkway. Letters concerning this matter should be addressed to the City Secretary, P. O. Box 1115, La Porte, Texas 77571 . Those wishing to address this matter pro or con during the meeting will be required to sign in e before the meeting is convened. CITY OF LA PORTE ';Jw ~. ? ~ - Laura Hall Assistant City Secretary /~ ~A " e . .. . , r:::- III .. .'- . - . - " .. \ C'; - "'; . . . I . The' Sun ..( 714 SO. BROADWA Y P.O. BOX ,.,4 LA PORTE. TEUS 7757' DENNIS C. WADE (713,471.12:s. "Voice of the Bayshore Since 1947" EDITOR & PUBLISHER , Published Every Thursday and Sunday . . . . County of Harris State of Texas , Before me, the undersigned authority, on this date came and appeared Dennis C. Wade, duly authorized agent of The Bayshore Sun, a bi-weekly newspaper published ( in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in e . The Bayshore Sun of October 17, 1984 . . ~~ ~s C. Wade Editor & Publisher Sworn and subscribed before me this /3~ day ofAr!,v. A.D. 19f1. . :11'::1.", . ~-;'A_n.,~:~.a /;,. ~f. '.", .. .'. / . .- '0 ..,.:A .t-L&(.~~ '-- . , 'Notaty Public I ~ .~.' Harris County, Texcs . ~ .... P'" 'Wool' ~ rr: .t..i.',:(~:; ,..\. ~':" :i. ;_~:\ :t...".~ '" . t..~o;.!:-y 1"JSi::.; ~::;!:. f': I ~::'1'j ~ : I..~y C(''':'lmll~::ic'1 r".:,i'!'("$ !..~:.:I. :...., 1",J"j . IOAd.elI ty L. J'\,;IrAUnC2r.J' lv\'~II. LC.....yor:; SUlaly (:~:'f,I" \ . e . . . . . ... , . ~~Jt 13 ,~ e e e( - - I PUBLIC NOTICE NOTICE OF PUBLIC HEARING ! e l~ accordance with the prt)- visions of Ordinance 780. the Zoning Ordinance of the .Clly of La Porte. a public hearing will be h,eld,al 7 p.m. ~n Qc- 1olK! 30{ 1 984;by tJIe La Porte Plal!nln~ and Zonl~g Commis-,;, . sl~ 10 .co!'.lder lrezonlng~' ~..: ( 5.111' acretrad of land on the f, easl.lde of Highway 146 althe f: Highway 2%S Interectlons ~rom commercial to industrlal~ : Thl. hearing will be. con. ..\ dueled In Ihe CounciJ Chamben;ofthe La PorteCUy.'. Hall. 604 West Falrmont':'. Parkway. Letters concerning:.: ~ this maUer should be address.' : .: ed 10 the Clly Secrelary. P.O. Box 1115. La Porte. Texas 77571. Those wishing 10 ad- dress Ihls mailer pro or clln during the meeting will be r<!- qulred 10 sign In before the meeting Is convened. CITY OF LA PORTE Laura Hall . Assistant City Secretary e ( "pd I/E I( '- e e .. e , .... .. .~- ... - IlII e e 'MEMORANDUM CITY OF LA PORTE TO: Mayor Cline and Councilpersons FROM: Planning and Zoning Commission SUBJECT: Request of Winston DeBlanc to rezone 5.019 acre tract of land on the east side of Highway 146 at the Highway 225 intersection from commercial to industrial DATE: November 20, 1984 Mr. Winston DeBlanc met with the Planning and Zoning Commission in public hearing on October 30, 1984, to request the rezoning of a 5.019 acre tract of land on the east side of Highway 146 at the Highway 225 intersection from commercial to industrial to accommodate additional space for new auto storage. This rezoning would be in line with the other established business in the area and in line with the Comprehensive Master Plan. e The Planning and Zoning Commission recommends that the request be approved as submitted. Respectfully, ~~i!~~ {;tJ Chairman /llh .~;Ud "C!- " e e ,. e " ... .'-. .. ---= e e NOTICE OF PUBLIC HEARING . , In accordance with the provisions of Ordinance 780, the Zoning Ordinance of the City of La Porte, a public hearing will be held at 7:00 P.M. on December 19, 1984, by the La Porte City Council to consider rezoning a 5.019 acre tract of land on the east side of Highway 146 at the Highway 225 intersection from commercial to industrial. This hearing will be conducted in the Council Chambers of the La Porte City Hall, 604 West Fairmont Parkway. Letters concerning this matter should be addressed to the City Secretary, P.O. Box 1115, La Porte, Texas 77571. Those wishing to address this matter pro or con during the meeting will be required to sign in e before the meeting is convened. CITY OF LA PORTE Cherie Black City Secretary -- -_. I e j~dd ~ II e ,. e -... ... . . e e The a~s" ." .,re Sun '.I:;:..~~ . '.;' ........:- :"-....:..~f.. ...~~ 71. SO. BROADWAY ,.,",.j,~.~.~'I,~l::f':"""~~~'. P.O. BOX 1.1. "'$Y'JtZkb"~'''~',,,,,, LA PORTE. TEXAS 77571 . ...~..,"":,,~...., '..",,'. (7131.71-12~ "Voice of the Bayshore Since 1947" Published Every Thursday and Sunday County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Charles Hudgins, Jr., duly authorized agent of The Bayshore Sun, a bi-weekly newspaper published in La Porte, Harris County, Texas, and who after being e duly sworn, says the attached notice was published in The Bayshore Sun of December 2. 1984 . ~~~~ ~/ Charles Hudgins, Jr. G.eneral Manager J / -r1../ ,n . Sworn and.subscribed before me this /y - day of ~{e. A.D. 19 &,./ i' :1111"1, t1 r. .' "', ~ _ oj', ,," .. , - I" '---- _ --u.(:I.--4 ~(. .Al/:"UC'~' , Notary Public Harris County, Texas . "":,....& :/.:~'. :',\. 1\ _ ~:. '.!..\$ t-I('~t::ry :}~:!'!i.:: ~!~..~:- o:)r Tt'.K3S .. lAy Co;r::r.l~!iO:1 r:~Pi;i:.; I,"-I!;':il "i.f1. 1986 .. ..!!I!.dll!! .b.x !o. e,J_.Jt1: ~'.!1. u....)...r~ ~u"llr. ';1'1'. . . '/#J:t "E 'I e .. e .....-. . - !IIJ - e e PUBLIC NOTICE NOTICE. OF PUBLIC HEARING In accordance with provisions of Ordinance 780, the Zoaing Ordinance of the City 01 La Porte, a public hearing will be held at 7:00 P.M. on December 19~~ 19l!4:Ja1-&Jt,e La Porte City Copcll to ~sider ,,!?zonlng a 5.oj9 acr~ ~act of 1;d on the ea~t side fIE Hlghwa 14& at the Hlghway~onfrom commercial to ':j:.Strial. This hearing, II be COII- ducted In ihe Council Chambers of qae La Porte City Hall, 804 'fest ,plIf:%ont Parkway. Letters conc Ing e ,r tJils matter should be e,1!l!.!...... ed to the City Secretary, P.O. Box 1115, La- Porte, Texas 77571. Those wishing to ad- dress this matter pro or con duriag the meeting will be re- quired to sign In before the meeting In convened. CITY OF LA PORTE I Cherie Black City Secretary fpJd lIE II e . e e . ....-:: e EXHI13IT tlFtl PAGE lOUT OF 1 '. .. ,., f.., . ' . I e' .. LEGAL DESCRIPTION Being 5.019 acres out of the easterly part of that certain tract of land located in Lot 13, Staashen Subdivision, Enoch Brinson Survey, A-5, Harris County, Texas, as described in Volume 1, Page 22 of the Map Records of Harris County, Texas, and by deed to Wm. B. Black recorded in Volume 317, Page 500 of the Deed Records of Harris County, Texas, and being more particularly described as follows: COMMENCING at a ~ inch by 4 inch Texas Highway Depart- ment concrete monument, being at the intersection of the East line of State Highway No. 146 with the North line of the tract herein described, said monument being at coordinates x=3,260,536.88 y=696,622.67 Lambert Grid- Texas South. Central Zone and being the point for PLACE OF BEGINNING; THENCE, North 870 27' 44" East, 815.0 feet along a fence to the vegetation line on the West bank of San Jacinto Bay for Northeast corner, passing at 751.0 feet a 3/4 inch iron rod found on line; e THENCE, South 000 39' 33" West, 266.83 feet along the meanders of the vegetation line of San Jacinto Bay to a point on vegetation line for Southeast corner; THENCE, South 870 30' 41" West, 824.00 feet along an old - down fence approximately 3.5 feet North of a new chain 1 ink fence to a found 3/4 inch iron rod in the Eas t line . of State Highway No. 146, for Southwest corner, passing a found 1/2 inch iron rod at 56.77 feet and a 1/2 inch iron "rod at 60.77 feet on line; THENCE, North 020 35' 53" East, 266.77 feet along the East line of State Highway No. 146 to the PLACE OF -- - BEGINNING and containing 5.019 acres of land, more or less. J,; /7, ,9 'I /1 F ,{ vf/~t: e , . e e CITY COUNCIL AGENDA ITEMS e TO: Jack Owen FROM: Robert T. Herrera DATE: 12-4-84 City Manager REQUEST FOR CITY COUNCIL AGENDA ITEM 1. Agenda Date Requested: December 1q. 1 q..8! 2. REPORT; RESOLUTION; XX AGREEMENT 3. PROJECT SUMMARY: Current agreement with Dexter Joyner for the collection of delinquent taxes is in need of renewal. 4. ACTION REQUIRED: Review proposed contract for the collection of delinquent taxes and authorize the Mayor of the City to renew the contract for an additional two years. 5. ALTERNATIVE: - Do not renew contract with Mr. Dexter Joyner. - Renew contract with Mr. Joyner for one year. - Look for another qualified delinquent attorney to perform the duties. - Do not employ a delinquent tax attorney. e 6. RECOMMENDATION: Staff recommends that the City enter into a contract for the collection of delinquent tax accounts with Mr. Dexter Joyner for a period of two years. 7. EXHIBITS: Contract 8. AVAILABILITY OF FUNDS: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other 9. ACCOUNT NUMBER: FUNDS AVAILABLE: __YES __NO R~~ T. ~ Robert T. Herrera REQUESTED BY: e 10 '\jVED FOR CITY COU.CIL AGERDA _ _' . I/. (] -- /j ~ ?L/ ,~ ~.//~ DATE">' / C~ Manage .. . . e e . , e THE STATE OF TEXAS S COUNTY OF HARRIS S CONTRACT FOR COLLECTION OF DELINQUENT TAXES , This contract is made and entered into by and between the CITY OF LA PORTE, TEXAS, acting herein by and through its gover- ning body, hereinafter styled "First Party" and DEXTER D. JOYNER, e duly licensed by the Supreme Court of Texas, as an Attorney at Law, hereinafter styled "Second Party." WIT N E SSE T H : ---------- . I. First Party hereby agrees to employ and does hereby employ Second Party to enforce by sui t or other appropriate legal remedies, the collection of all delinquent taxes, penalty and interest owing to First Party. Current year taxes of all taxpayers falling delin- quent within the period of this contract shall become subject to its terms on the first day of Juiy of each year. II. e First Party and Second Party hereby agree that prior to the filing of any suits for collection of delinquent taxes, both parties are to review the delinquent tax roll for any errors, double assess- ments or other discrepancies on said roll, the current Assessor- Collector to represent the First Party in such reviewing procedure. Second Party is to intervene on behalf of the First Party in all suits for taxes, hereafter filed by any taxing unit on property located within its jurisdictional limits. III. First Party hereby agrees to furnish the amount of delinquent taxes to Second Party on all property wi thin the taxing jurisdiction of First Party, along with a copy of First party's delinquent tax e . e e . e roll. First Party hereby agrees to furnish forms for delinquent tax statements and compute penalty and interest on said statements before such statements are mailed to delinquent property owners. Second Party hereby agrees that each year, as soon as it is prac- ticable after July 1, to notify the tax office of First Party of the dates to have statements prepared to enable Second Party to file suits, said notice to be a minimum of Thirty (30) days. e IV. Second Party hereby agrees to file suit on and reduce to judg- ment and sale all property located within First Party's taxing jurisdiction with First Party to furnish the necessary data and information as to name, identity, location of all necessary,par- ties, and legal description of the property to be sold, as re- flected by the tax records of First Party. When a title search is required, Second Party hereby agrees to supervise said title search, with costs to be reimbursed out of court costs. Second Party hereby agrees to sue for recovery of the costs as court costs as provided by Section 33.48 of the Texas Property Tax Code. e V. Second Party hereby agrees to make progress reports to First Party on request, and to advise the First Party of all cases when investigation reveals delinquent taxpayers to be financially unable to pay their delinquent taxes. VI. First Party hereby agrees to pay Second Party as compensation for services required hereunder Fifteen (15%) Percent of the amount collected of all delinquent taxes, penalty and interest of the years covered by this contract, (or the legal percentage, if said percentage is changed by operation of law during the term of this contract), actually collected and paid to the Collector of Taxes e -2- . . . e e during the term of this Contract, as and when collected. All compensation above provided for shall become the property of the Second Party at the time of payment of taxes, penalty and interest is made to the Tax Collector of First Party. First Party hereby agrees to pay over said funds monthly by check to Second Party. VII. - Unless otherwise specified below, this contract shall be e effective from November 15, 1984 through November 15, 1986, and where permitted by law, shall be extended automatically at each termination date for an additional one-year period, provided, however, the contract may be ended if written notice is given by either party at least Thirty (30) days prior to the next upcoming termination date. After termination, Second Party shall have an additional period of Nine (9) months, plus necessary time for any appeals, to complete collection of delinquent tax accounts pre- viously certified. In consideration of the terms and compensa- tion herein stated, Second Party hereby accepts said employment and undertakes the performance of this contract as above written. VIII. . This contract is executed on behalf of First Party by the presiding officers of its governing body, who are authorized to execute this instrument by order heretofore passed and recorded in their minutes. WITNESS the signature of all parties hereto, in duplicate originals, this the day of , 1984, at La Porte, Harris County, Texas. CITY OF LA PORTE, TEXAS BY: Mayor -- -3- ... .. - . . - e ATTEST: City Secretary DEXTER D. JOYNER, ATTORNEY AT LAW 1001 East Southmore, Suite 610 Pasadena, Texas 77502 713/477-5900 e , . -4- e e e MEMORANDUM CITY OF LA PORTE TO: Mayor Cline and Councilpersons FROM: Jack Owen SUBJECT: Water/Wastewater Rate Study DATE: December 6, 1984 Attached is a memorandum from Bob Herrera and Debbie Cole containing their recommendation for the proposed Water/Wastewater Rate Study. Copies of the two (2) low proposals are also included. I concur in their recommendation. Should the Council desire to proceed forward with the project, it will be necessary to transfer the required funds from the Water/Wastewater Contingency Fund to cover the cost of the project. Should you have questions or wish to discuss this information, e please contact me. JO/llh attachments e . . e e. e CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jack Owen FROM: RObertHT. Herrera & Debra B. Cole ~ 13~ DATE: December 4, 1984 SUBJECT: Water/Wastewater Rate Study After thorough analysis and review, staff recommends that council approve the professional services agreement as presented by Lewis McLain in Request for Proposal format. This decision was reached following careful consideration using the procedures described below: A. On October 18, a request for proposal was mailed to 10 professional firms in Texas. (Attachment 1) e B. On October 30th at 2:00 p.m., a bidders conference was held at City Hall to discuss the study. C. On November 8 at 2:00 p.m. the RFP's were opened. We had eight (8) respondents. (Attachment 2) D. These were reviewed in the next two weeks and four (4) finalist were selected for interviews. (Attachment 2.) E. On November 27 and 28, interviews were conducted to ascertain which firm would be better suited to fulfill the needs of the City and this related study. F. Staff recommendation to Council. The maximum cost of this study is to be $24,000. The range of proposals was from $18,840 to $119,000. The work involved will require approximately 60-70 days. If we begin January 2, 1985, we could expect results by late February or early March. Reasons whv low bid was not accented: The next to the lowest proposal was accepted because we felt, for the cost proposed, that this firm could best provide the - City with necessary documentation. . e e Cont. Recommendation e Page 2 The items searched, during the interviewing process were: 1. Stability.......... will this firm be around. 2. Ability............ experience with rate studies. 3. Professionalism.... recommendations from previously represented cities. 4. Versatility........ competent to work with technical experts as well as responding to layman's questions. 5. Cost............... economic feasibility for work provided. All things considered, we feel that the professional services of Lewis McLain will provide the City with an expert analysis and a well documented study. e e RECEIVED 1:1- 4 - ~t./- CITY MGR'S OFFICE . .l-' . L' . CITY OF PORTE PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571 - ' i. . , . ' - ,.:. ..': ;',:.:. . .,.'-~.:". .:. .,':...'.,;..,,~~::~~~~~p~<\}~;.~F~.7::~:~~ '" " : _t. October 18, 1984 Gentlemen: Enclosed please find a Request for Proposal for a water and wastewater rate study for the City of La Porte. This plan is needed' for the City to develop and establish a credible water and wastewater rate structure. It is important that the firms responding to this proposal have prior experience with a study of this nature. The City will be holding a bidders conference on October 30, 1984 at 2:00 p.m. in City Hall to discuss what is expected from the study. - . Although a structured outline has been prepared, it is our desire that the proposal present the approach and methodology your firm feels is best suited to the City of La Porte. The proposal should indicate the degree of emphasis that will be placed on each plan element. Please review the enclosed document carefully. The City reserves the. right to evaluate each proposal on a separate and individual basis and to reject any and all proposals submitted. Proposals are due back to the City on November 8, 1984 by 2:00 p.m. Late proposals will be returned unopened. All proposals should be clearly marked "Proposal on Water and Wastewater Rate Study" and sent to my attehtion. ncerely, twkt)~ Jack Owen City Manager - ATIACHMENT "1" " , . CITY OF LA PORTE INTER-OFFICE MEMORANDUM e TO: Jack Owen FROM: Robert T. Herrera t\ '52.. T DATE: October 19, 1984 SUBJECT: Request for Proposal Enclosed please find a copy of a RFP which was mailed this date for a water and wastewater rate study. Listed below are the firms which were sent the RFP: David M. Griffith Lewis F. McLain, Jr. and Associates, LTD. Administrative and Fiscal 3501 MacArthur Blvd. Consulting Services Suite 400B 2801 Justin Road, Suite 100 Irving, Texas 75062 Lewisville, Texas 75067 Attention: Mark Ebstien Attention: Lewis HcLain Espey, Houston and Associates LWFW Group 2727 North Loop West 12700 Park Central e Suite 500 Suite 1805 Houston, Texas 77008 Dallas, Texas 75251 Attention: Manager Attention: Gary Thompson Deloitte, Haskins and Sells Arthur Young and Company 1200 Travis 2500 Texas Commerce Tower Houston, Texas 77002 Houston, Texas 77002 Attention: Manager Attention: Manager Carter and Burgess Peat, Marwick, Mitchell 6001 Sandy Drive and Company . _..- Suite 300 4300 One Shell Plaza ' . Houston, Texas 77036 Houston, Texas 77002 Attention: John Mason Attention: Maurice Paradis Touche Ross Price Waterhouse 2001 Brian Tower #2400 1200 Milam, Suite 2900 Dallas, Texas 75201 Houston, Texas 77002 Attention: Greg Tarasar Attention: Bill Hoffman JO/kg e xc: City Council A'ITACHMENT "1" " . e e ACTIVITY ON WATER AND SEWER RATE STUDY e Opened and received requests for proposals on November 8, 1984. . A total of 8 proposals were received. COMPANX AMOUN.I TIME SCHEDULE Touche, Ross & Company $ 119,000. 01/02/85 - 03/29/85 90 DAYS -Peat Marwick $ 32,000. 01/07/85 - 03/07/85 60 DAYS -David M. Giffith $ 31,800 12/ /84 - 02/ /85 & Associates 38,800 Cost Recovery 90 DAYS Deloitte, Haskins $ 45,000. 12/15/84 - 03/15/85 & Sells 90 DAYS Price Waterhouse $ 36,167. 01/01/85 - 03/ /85 12-14 WEEKS Authur Young $ 36,500. 6-8 WEEKS Epsey, Houston & Assoc. LITERATURE ONLY e -Willis, Graves & $ 18,840. 8-10 WEEKS Morgan, Inc. -Lewis McLain $ 24,000. 12/15/84 - 02/ /85 60-70 DAYS . -- e ATIACHMENT 1'2" *ATIACHMENT "2" I ,: e e Lewis F. McLain,}r. e Administrative & Fiscal Consulting Services 2300 Highland Village Road, Suite 240 Lewisville, Texas 75067 (214) 221-7591 November 6, 1984 Mr. Jack Owen, City Manager City of La Porte 604 West Fairmont Pkwy P.O. Box 1115 La Porte, Texas 77571 Dear Jack, Thank you for this opportunity to present a proposal for professional services to the City of La Porte. I have reviewed the materials you gave me related to the financial status and future requirements of the City's Water & Wastewater Treatment System. An outline for a rate study is presented in this letter. This reflects the discussions we had last week in response to your needs. e APPROACH Data Collection. All available materials and data pertinent to the financial requirements of the System will be collected and analyzed. This includes previous studies, operating budgets, capital budgets, audited financial statements, and contractual documents. It will be my goal to use any data from these sources which can serve as supporting assumptions in the study. Financial Plan. A three-year financial plan will be developed which clearly reflects growth and financing assumptions. This plan wi 11 be based on the most recent audited financial statements plus other factors derived from information provided by you and your staff. The plan will be organized in a "Working Capital Requirements" format and wi 11 illustrate the revenues required to fund the City's working capital needs while adequately meeting all debt coverage ratios stipulated in your revenue bond covenants. Cost Allocation Plan. The financial requirements that are to be recovered from the rate base will be allocated to customer classes defined by the staff with the consultant's assistance. The projected System growth and user customer mix for the City of e La Porte over the next few year's may determine that it is timely to begin collecting data and recovering costs from a more focused customer classification base. This will be done in conjunction with objectives established at the outset of the study. \ r e e Rate Desiqn. The water and wastewater revenue requirements e from each customer class will be recovered through a fa i r and equitable rate structure. The alternatives available such as declining block rates versus flat and inverted rates wi 11 be presented to the City Council for decision making purposes. Since many schedules can be generated by looking at alternatives, this portion of the study can have a significant influence on the time involved to prepare the study. Presentation of Study. The financial plan, the cost allocation plan, and the rate design approach will be organized in a succinct report to be presented to the City Council. All assumptions wi 11 be documented and supporting schedules will be included for the purpose of understanding and IItrackingll the numbers. MICROCOMPUTER SOFTWARE All schedules will be developed using electronic spreadsheet software (Lotus 1-2-3) that runs on an IBM compatible microcomputer. This software will be available to the City for internal uses only. I ask that it be viewed as proprietary information unavailable for uses outside the City. Also, the training for the use of the computer models and the operation of e a microcomputer will be the sole responsibility of the City since these are simply spreadsheets developed on general purpose software that is learned very quickly by microcomputer users. I offer these diskettes to you, however, because I believe it greatly increases the value of my consulting services. I wi 11 , of course, spend whatever time it requires to instruct your staff on the details of the financial schedules and how they are constructed. As you know, I have a heavy commitment to the education and training of effective financial managers in the North Texas Area. FEES & TIMING I can begin the study on Monday, December 5th. I should be able to present my final report during a special workshop to be held in early February. The proposed fee is $24,000. This will include all out-of-pocket travel expenses up to the presentation to the City Council. Travel expenses beyond the delivery of the study will be billed at cost. The fee includes the presentation of three alternative rate structures. Requests for additional alternatives will be performed for an additional fee based on the actual time spent. It is not anticipated that any additional fee or travel expenses will be involved unless these are incurred at the request of the City Council. The billings will be monthly e based on the work accomplished for that month and will be due and payable 10 days after receipt of the billing. 2 \ . e e STAFF ASSISTANCE . The outlined proposal assumes that you and your staff will be available when needed to review rate-making objectives, to review interim results, and to answer questions which will ar is e from the data analysis aspect of the study. It wi 11 also be important for me to have cooperation from your independent auditors. Also, the collection or organization of volumetric data on customer usage can be a time-consuming task if not readily available from regular or special computer reports. My proposal assumes that data will be readily available or that it can be derived by your utility billing and finance staff or by an outside programmer. The level of sophistication regarding this data can be a decision on your part and is mostly important when designing multi-stepped rates for different customer classes. SUMMARY Jack, I believe that I can conduct a high-quality rate study for a very reasonable fee. I place a high emphasis on supporting details, projections that can be tied to historical numbers, and presentations that can explain the story ,to laypersons. The majority of my consulting business is repeat business which stems from satisfied clients. It is with this care that I perform all e my professional work. I look forward to this project and the opportunity to work with your staff and the City Council. Sincerely, &~ 5ai~:~~ J Accepted by: ------------------------- Jack Owen, City Manager -~_...!"~.... '.~ -~-_.._,......_-. . : . ":-, ; e . . i . .' .-. ~ . . :..; 3 ! I J7 - g c/ ..1.- ,.-,,_.. ... . -0- I '" :--. I ... 'to".. ..... ... "',,,", r- i ..." I:. . :i '. ~:. ..' ....' " ;' .'~: ...----.-....,.-..--- \ e e CITY COUNCIL AGENDA ITEMS e TO: Jack Owen FROM: H.F.Freeman Jr. DATE: 120684 City Manager Chief of Police REQUEST FOR CITY COUNCIL AGENDA ITEM 1. Agenda Date Requested: December 19.1984 2. REPORT; RESOLUTION; ~ AGREEMENT 3. PROJECT SUMMARY: BID ON POLICE UNIFORMS 4. ACTION REQUIRED: AWARD BID. 5. ALTERNATIVE: e 6. RECOMMENDATION: I hereby recommend that the City of La Porte award a one-year fixed price contract to Burke Uniforms on the basis of low bid meeting specifications. 7. EXHIBITS: See attached memo from Jackson Ray/Purchasing 8. AVAILABILITY OF FUNDS: v General Fund Water/Wastewater .. . Capital Improvement General Revenue Sharing Other 9. ACCOUNT NUMBER:o~'~n?~n~?n~ FUNDS AVAILABLE: x-YES __NO CH~EF~.F.FRE~R. ~~- ~ t:~~~ - ~~ . - . REQUESTED-BY: e 10. ~VED FOR CITY COUNCIL AGENDA 12-/t?-gy ~/J __ '" Y/U/lL UA'/~ DATE / C~Manager . e e - INTER-OFFICE MEMORANDUM DECEMBER 3, 1984 TO: Police Chief :Fre / FROM: J. Ray I , SUBJECT: Sealed Bi{ II~ Uniforms Advertised s aled bids 110061 were opened and read in City Council Chambers November 26, 1984 at 4 p.m. Sealed bids were mailed to four area uniform suppliers with the following three returning bids; (1) Martin's Uniforms, (2) Blair Uniform, (3) Burke Uniforms. Bidders were required to submit pricing on uniform and accessories subject to extremely stringent specifications established by the La Porte Police Dept. Specifications are necessarily stringent to insure that uniforms purchased under this contract will match uniforms presently in use. Vendors were required to submit samples for male and female officers shirts, the "Lawman Jacket", and standard Police Dept. pants. Low bid submitted by Martin's Uniforms was rejected for not noting exceptions to bid specifications found in the samples submitted. - Low bid meeting specifications was submitted by Burke Uniforms in the amount of six thousand, six hundred nineteen dollars and twenty cents ($6619.20). Burke Uniform also has quoted a delivery time of three days after receipt of order with other bidders being in excess of thirty days. I hereby recommend that the City of La Porte award a one-year fixed price contract to Burke Uniforms on the basis of low bid meeting specifications. I trust this recommendation will meet with your approval. JR/mb cc: 'B. Herrera ~tt4La Fitte \ ...,-- -- . --- Attachment: Tabulation - . . e e SEALED BID #0061: Police Uniforms and t'1 Ul r' Accessories ~. Blair ~ e ~ Industria! ~ Uniform ~ ~ r' ~ ~ I. A. Police Dept. Uniforms 1. Short Sleeve Model #999 ,!60 24.50 ' 28.50 .. - Subtotal 1470.00 1710.00 - , . . - .. .. .. .. 2. Ladies Short Sleeve Model #202 12 26.50 28.50 Subtotal I 318.00 342.00 3. Lawman Jacket 112 73.95 62.50 Subtotal I 887.40 j 750.00 , I 25 .50 J 31. 00 ) 4. Police Dept. Pants 160 , J J J Subtotal I 1530.00 1860.00 _5. Police Dept. Cap Frames 124 I 12.00 I 9.80 J Subtotal I J 288.00 J 235.20 I 6~ Police Dept. Cap Covers /24 1 8.95 J 7.85 J Subtotal 214.80 J 188.40 I 7. Police Dept. Windbreaker 36 28.95 , 26.20 J I . 1 , 943.20 I ] , I Subtotal 1042.20 . J J 27. 60 8. Model #BI0l Sam Brown Belt-Clarino 12 23. 95 Subtotal I 287.40 J 331.20 J ) 9. Model #C303 Handcuff Case-Clarino 12 12.95 11.60 j ~ J -155.40 ) Subtotal I 139.20 . I I 2.20 10. 5502-4 Belt Keeper - Clarino 124 4.50 I J Subtotal I ] 108 . 00 I 52.80 11. S502-4 "elt r.~~~~!-- Clarino ,124 ) 3.00 4.35 I - Subtotal J 72 . 00 104.40 12. #D415 Speedloader 12 I 20.50 ] 19.50 j Subtotal ) 246.00 ] 234.00 I . e e Page 2 SEALED BID #0061: Police Uniforms and Blair Martin's Accessories Industrial Uniforms e Uniforms B. Total Bid 6619.20 ,40.00 pping ';,QM. l..n .. C. 3 Working * 30-45 30 Day!,! Delivery Time in Days Days ARO Days ARO ARO - . . - _. '- . .. ,. , D. Prompt Payment Discount None None Net 30 I * Allow 14-20 day 1 extra aro d ,I Christmas Holidays J I I J e I J j I j 1 I J J J J J J J J J J J I j I I . J j J I ) ) j e 1 I ~ " 1 -- '. e e TO: CITY MANAGER FROM: DATE: December 12, 1984 ' . . . PUBLIC.WO~S . . , , . , , . . . . . . . -- REQUEST FOR CITY COUNCIL' AGENDA ITEM 2. X Report l. Agenda Date Requested: December 19, 1984 Resolution Ordinance 3. Project Summary: Emergency repair of traffic signals and upgrade of controller system at the intersection of Barbours Cut and State Highway 146 due '~to accident on November 21, 1984. Motorist was uninsured. . 4. Action Required: Appropriate $8,518.28 for emergency repaIrs already completed and $7,400.00 for system upgrade from contingency fund, for a total of $15,918.28. 5. , Alt'ernative: . Appropriate $8,518.28 for emergency repairs from contingency fund and.have old system repaired. Cost of repair to old system is unknown at this time. e 6. . Recommendat~on Approve system upgrade and appropriate $15,918.28 for upgrade and emergency repairs from the contingency fund. 1.' Exhibits: Attached. 8. Availability of Funds: General Fund ~ater/Wastewater v Capital Improvmt. General Revenue Sharing -- X Other Contingency Account Number: Yes No of Public Works -9. ~r~ved.f7d~ 6htdLg.~. . .... Date e e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: of Public Works DATE: December 12, 1984 FROM: Assistant Public Works Director SUBJECT: Repairs - Barbours Cut at 146 On November 21, 1984, a motorist struck the pole in the esplanade of Highway 146 at Barbours Cut, Northbound, knocking it down, together with span cables, conduit and five (5) signal heads. In addition to the immediate damage, the timer located in the controller was also damaged extensively. The motorist was uninsured. The pole, wire, and signal heads, and numerous parts were replaced, and a portable controller was installed to operate the intersection. Total cost of the emergency repair was $8,518.28. The controller needs to be repaired or replaced. The controller can be repaired, although several factors should be considered. e This intersection has cost over THREE THOUSAND DOLLARS ($3,000.00) in the last year, excluding the latest incident, in controller-related failures. The controller is an analog system, which is not manufactured any more. This creates problems for emergency repair, qS parts a~e not available, and must be salvaged from old units. An analog system measures voltage changes to activate the timed sequence. Age, dirt, and moisture causes changes in the voltage curve, which results in numerous service calls for timing problems. The conflict m0nitor, which prevents opposing signals from showing the same color, monitors only green conflicts. Records show that most service calls at this intersection result from this monitor tripping, putting the signals on flash. The- present system is hard to troubleshoot, resulting in more labor cost, and numerous service calls where nothing was found wrong. Traffic Maintenance and Construction, the City's signal maintenance contractor, has requested that the City consider upgrading this intersection. They propose to replace the cabinet, which comes with thermostatically controlled fan and f..il ter-,- , 8 phase back panel, 8 phase controller, 12 channel conflict monitor, 5 NEMA load switches at 25 amps each, one (1) NEMA flasher, and one (1) 2 channel amplifier. e - e e December 12, 1984 Traffic Signal Repairs - Barbours Cut at 146 Page Two e Traffic Maintenance and Construction proposes to upgrade the intersection with the above equipment for $6,900 parts, and $500 labor, for a total cost of $7,400. The present contract with Traffic Maintenance and Construction includes parts and labor, with 20% markup for parts, which means bidding requirements have been satisfied through Sealed Bid #0012. There are several advantages to a digital system. Timing the system is exact, without the guess work of analog, and is not Subject to timing changes caused by age, moisture, and dirt. Conflict monitor controls all phases of the cycle, including dead signal heads, not just greens. The proposed system has lightning protection, surge protection, electromagnetic interference protection and radio frequency interference protection to keep the system operating, thus reducing service calls. The new system is easy to troubleshoot, and spare parts can be stocked on repair trucks for instant repair and lower repair bills. Finally, a one (1) year parts and labor warranty, including service calls, is provided. Although the old analog system can be repaired, it is recommended that the City authorize the installation of a new digital system for a cost of $7,400.00 to provide a trouble-f~ee system at: this busY!'1nd' .important':"intersection, which will result in fewer repair bills and uninterrupted service. The emergency repair for this intersection cost $8,518.28. It is requested that e this amount, in addition to the $7,400.00 requested to upgrade the system at this intersection, be transferred from the contingency fund to the Traffic Control Maintenance account to cover the cost of repair and upgrade, for a total cost of $15,918.28. If you should have any questions, please advise. SG/lw e e TRAFFIC MAINTENANCE e & CONSTRUCTION CO. ie 705 8TH ST. SOUTH HOUSTON. TEXAS 77587 (713) 473-2633 November 30, 1984 City of La Porte P.O. Box 1115 La Porte, Texas 77571 1'1r. Steve Gillett At this time, we feel that it would be in your best interest to upgrade the controller at Barbours Cut and State Highway 146. The system has been experiencing failures on a constant basis and to date has cost approximately $3600.00 dollars for repair of controller related malfunctions. At present the timer is e in our repair shop as a result of the accident on 11-21-84. We are proposing to install a new NEMA system for $7400.00 dollars. This includes material and labor and comes with a one year warranty. The advantages in upgrading are as follows: NEMA standard--the major components are standardized. In the event of a failure the down time will be miminal. Didital technology--not subject to timing changes due to componet aging. Parts are locally available. System has EMI, RFI, and surge protection. In conclusion, Traffic Maintenance and Construction, Inc. is in the repair business. Timers like the one at Barbours Cut and State Highway 146 are profitable but when a repa 1 r is made the system should stay operational for a reson<lble time. This system is beyond that point and it would be fa i J.j n9 in our duty not to inform you so. e Thanlc ou. Z~. ;a~:/ - - . , ~ e e e MEMORANDUM . . CITY OF LA PORTE TO: Mayor Cline and Councilpersons FROM: Jack Owen SUBJECT: Proposed Updated Service Credit Ordinance DATE: December 13, 1984 The proposed updated Service Credit Ordinance is similar to the one passed last year.: It wou~d provide two benefits: 1 . Service Credit for present employees would be updated on the basis of the members prior three (3) years salary, excluding the immediate prior year. The average of the three (3) years would be used to calculate the employees retirement benefit. 2. The pension of all presently retired employees would be e upda~ed on the basis of 70% of the change in the Consumer Price Index. The City of La Porte has only 10 employees presen~ly drawing ~etireme~t. The change in the City's contribution would be .1% of the salaries of employees covered under the TMRS program. Based upon the total budgeted salaries, this would me~~' an increase' cost to the City of approximately $6,140.00. Sufficient budgeted funds are available to cover the expenditure. Should you have questions concerning this information, please ontact me. , , JO/llh e ~- ~ ,f ~,RE'.~~ e ~~~:.l e ~'>' _. 7~ TMRS-C \I~ ;, " ".. " ~I (Rev. 6-83) ~"" ~ ~4l..'!""'''' '~ e ORO;rNANCE NO. 1423 TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTL Y AREIN THE EMPLOYMENT OF THE CITY OF LA PORTE; PROVIDING FOR INCREASED PRIOR AND CURRENT SER VICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 63.401 through 63.403 of Title 110B, Revised Civil Statutes of Texas, 1925, as amended, each member of the Texas Municipal Retirement System who has current service credit or prior service credit in said System in force and effect on the 1st day of January, 1985, by reason of service In the employment of e the City of La Porte, and on such date has at least 36 months of credited service with said system, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 63.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the m~mber (calculated as provided in subsection (e) of Section 63.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service . , Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) On the terms and conditions set out'in Section 63.601 of said title, any member .of the Texas Municipal Retirement System who is eligible for Updated Service Credits on the basis of service with this City, and who has un forfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on January 1, 1984, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said 63.601. (e) In accordance with the provisions of subsection (d) of Section 63.401 of said title, the deposits required to be made to the Texas Municipal Retirement System by employees of the ~everal participating departments on account of current service shall be calculated from e and after the date aforesaid on the full amount of such person's earnings as an employee of the City. ORDINANCE NO. 142~page 2 e Updated Service Credit inance (continued) Page 2. Section 2. Increase in Retirement Annuities. . e (a) On terms and conditions set out in Section 64.203 of, Title 1l0B, Revised Civil Statutes of Texas, 1925, as amended, the City of La Porte hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable' by the Texas Municipal Retirement System to retired employees and to beneficiaries of deceased employees of this City under current service annuities and prior service annuities arising from service by such employees to. this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of annuity increase under this Section is computed as the sum of the prior and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 7096 of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this ordinance. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an e annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the Texas Municipal Retirement System. Section 3. Effective Date. Subject to approval by the Board of Trustees of Texas Municipal Retirement System, the updated service credits and increases in retirement annuities granted hereby shall be and become effective on the 1st day of January, 1985. Passed and approved this the 19th day of December ,1984 . ATTEST: APPROVED: (!/UAt~ ~ ~ ~~.,- ,~~:~~ ~'~a4~~ City Secretary or Clerk ~v\ayor /' .