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HomeMy WebLinkAbout1985-09-23 Regular Meeting MINUTES OF THE REGULAR MEETING OF LA PORTS CITY COUNCIL SEPTEMBER 23, 1985 1. The meeting was called to order by Mayor Malone at 6:02 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Delbert Walker, John Lloyd, Ed Matuszak, Betty Waters, Lindsay Pfeiffer, Deotis Gay, B. Don Skelton, Linda Westergren Members of City Council Absent: None Members of City Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager Richard Hare, Administrative Assistant Olivia Moeller, Finance Officer Tom Keilman, Director of Parks and Recreation Stan Sherwood, Director of Community Affairs ~lohn Joerns, Director of Human Resources Doug de la Morena, Director of Public Works Jerry Hodge, Assistant Director of Public Works Steve Gillett, Police Chief Charles Smith, Assistant Fire Chief John Dunham Others Present: Dr. Clyde Smith; Lewis McLain; David Fetzer, Moroney & Beissner; Pam Smith, Bayshore Sun; Linnea Schlobohm, Baytown Sun; 36 citizens 2. The invocation was given by City Attorney Askins. 3. Council considered approving the minutes of the Public Hearings and Regular Meeting held September 9, 1985. Motion was made by Councilperson Waters to approve the minutes Qf the September 9 meeting as presented. Second by Councilperson Pfeiffer. The motion carried, 8 ayes, 0 nays, 1 abstain. Ayes: Councilpersons Walker, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None Abstain: Councilperson Lloyd (was not present at meeting 9/9) 4. Coucnil considered approving the minutes of the Public Hearing and Special Meeting held September 16, 1985. ~ ~ Minutes, Regular Meeting, La Porte City Council September 23, 1985, Page 2 Motion was made by Councilperson Skelton to aRprove the minutes of the September 16 meeting as presented. Second by Councilperson Waters. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None 5. Mr. Robert Thrower addressed Council regarding redistricting and presented Council with a petition endorsing adoption of scenario 4 as the official redistricting map. Mr. Tom Simons addressed Council regarding the inclusion of the restoration of Sylvan Beach in the City's FY 1985-86 budget. Dr. Clyde Smith addressed Council regarding the 1986 Texas Sesquicentennial, and presented official Sesquicentennial pins to them as his personal appreciation for the City's support. 6. Council considered an ordinance amending Chapter 26, Article II, 11Water, Sewers and Sewage Disposal,' of the City of La Porte Code of Ordinances. Mr. David Fetzer of Moroney, Beissner informed Council that the City's bond ratings had been received. The rating from Moody's on the general obligation bonds is A, and the rating from Standard and Poor's is A+. On the water and sewer revenue bonds, the rating from Standard and Poor's is A-, and Baaa-1 from Moody's. He is hoping the water and sewer ratings will rise, but feels it will not until the utility department stands on its own. He reminded Council that the bond ordinance for the revenue bonds commits the City to maintain water and sewer rates at all times to produce revenues sufficient after operating and maintenance expenses to pay the debt service on the bonds and create reserve funds. In addition, we are committing to maintain rates at all times adequate to meet the debt service on the bonds 1.25 times. Mr. Lewis McLain addressed Council regarding an alternate method of commercial billing, and how he arrived at the proposed new rates. Minutes, Regular Meeting, La Porte City Council September 23, 1985, Page 3 Questions from Council were answered by Mr. McLain. The City Attorney read: ORDINANCE 1465 - AN ORDINANCE AMENDING CHAPTER 26, ARTICLE II, "WATER, SEWERS, AND SEWAGE DISPOSAL,t~ OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; ESTABLISHING A NEW RATE AND FEE STRUCTURE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion way made by Councilperson P~elffer to adopt Ordinance 1465 as reed by the City Attorney. Second by Councilperson Westergren. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None 7. Council considered a resolution adopting the budget for fiscal year 1985-86. The City Attorney read: RESOLUTION 85-13 - A RESOLUTION APPROVING AND ADOPTING A BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OCTOBER 1, 1985, THROUGH SEPTEMBER 30, 1986, FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET. Motion was made by Councilperson Gay to adopt Resolution 85-1~ as read by the Citv Attornev. Second by Councilperson Westergren. Motion was made by Councilperson Skelton to amend the budget to include a flagpole at a cost of $2500. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None The vote was then taken on the original motion. The motion carried, 7 ayes and 2 nays. Ayes: Councilpersons Lloyd, Matuszak, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: Councilpersons Walker and Waters • • Minutes, Regular Meeting, La Porte City Council September 23, 1985, Page 4 8. Council considered a resolution opposing an amendment to the Fair Labor Standards Act. Assistant City Manager Hare reviewed the resolution. Motio was made by Councilperson Skelton to approve Resolution 85-14 as written. Second by Councilperson Matuszak. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Pfeiffer, Gay, Nays: None g. Council considered an 2, Sections 25-23 and City of La Porte, for limits upon the stree Walker, Lloyd, Matuszak, Waters, Skelton, Westergren and Mayor Malone ordinance amending Chapter 25, Article 25-24, of the Code of Ordinances of the the purpose of designating maximum speed is of the City of La Porte. M^*~^n ~.r~s made by Councilperson Matuszak to adopt Ordinance 1466 as presented. Second by Councilperson Skelton. The motion carried, 8 ayes and 1 nay. Ayes: Councilpersons Walker, Lloyd, Matuszak, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: Councilperson Waters The City Attorney then read: ORDINANCE 1466 - AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, SECTIONS 25-23, AND 25-24, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, FOR THE PURPOSE OF DESIGNATING MAXIMUM SPEED LIMITS UPON THE STREETS OF THE CITY OF LA PORTE; FOR THE FURTHER PURPOSE OF SPECIFICALLY DESIGNATING SCHOOL ZONES AND THE MAXIMUM SPEED LIMITS APPLYING TO SAID SCHOOL ZONES AT TIME SPECIFIED HEREIN; AND FURTHER PROVIDING THAT THE CHIEF OF POLICE BE AUTHORIZED AND DIRECTED TO POST SIGNS AT BOTH ENDS OF SPECIAL SPEED ZONES CREATED HEREIN IN SAID SPEED ZONES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 10. Council considered reappointing a member to the Civil Service Commission. Minutes, Regular Meeting, La Porte City Council September 23, 1985, Page 5 The City Attorney read: ORDINANCE 1467 - AN ORDINANCE REAPPOINTING JAMES H. LONGNECKER, AS A MEMBER OF THE CIVIL SERVICE COMMISSION, AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Counci~.person ~iestergren to adopt Ordinance 1467 as read by the City Attorney. Second by Councilperson Matuszak. The motion carried, 7 ayes and 0 nays. (Councilpersons Walker and Gay were away from the Council table. ) Ayes: Councilpersons Lloyd, Matuszak, Waters, Pfeiffer, Skelton, Westergren and Mayor Malone Nays: None 11. Council considered an ordinance appointing members to the La Porte Area Water Authority. Motion was made by ~ouncilgerson Skelton to reappoint Cary Burnley to position ~, Rick Matthews to position 4, and Jerrv Bramlett to gosition 5. Second by Councilperson Waters. The City Attorney read: ORDINANCE 1468 - AN ORDINANCE APPOINTING DIRECTORS FOR POSITION 3, POSITION 4, AND POSITION 5 OF THE LA PORTE AREA WATER AUTHORITY; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. The vote was taken and the motion carried, 7 ayes and 0 nays. (Councilpersons Walker and Gay were away from the Council table.) Ayes: Councilpersons Lloyd, Matuszak, Waters, Pfeiffer, Skelton, Westergren and Mayor Malone Nays: None 12. Council considered a resolution accepting a grant offer for Airport Phase II construction. Director of Public Works Jerry Hodge reported that the grant offer is in the amount of $560,400. The total amount of the project is $622,668; the Cityts share will be $62,267. Motion was made by Councilperson Matuszak to accept the grant offer. Second by Councilperson Lloyd. Minutes, Regular Meeting, La Porte City Council September 23, 1985, Page 6 The City Attorney read: RESOLUTION 85-15 - A RESOLUTION ACCEPTING A GRANT FOR AIRPORT PROJECT N0. 3-48-0127-03 The vote was taken and the resolution passed, 7 ayes and 0 nays. (Councilpersons Walker and Gay were away from the Council table.) Ayes: Councilpersons Lloyd, Matuszak, Waters, Pfeiffer, Skelton, Westergren and Mayor Malone Nays: None 13. Council considered approving a change to the City's personnel policies. The City Manager explained to Council that under the present policies, an employee was not covered under Texas Municipal Retirement System until 90 days after he was hired. The primary problem with this is that an employee draws a salary for 90 days, then when he becomes covered by TMRS has a 7~ deduction from his salary. Staff is recommending that the 90 day waiting be removed from the personnel policies and that the employee be put under TMRS from the first day of employment. Motion was made by Councilperson Westergren to approve the personnel policy change to have new e~ployees covered under l:he_Texas Municipal Retirement System from their first day of employment. Second by Councilperson Pfeiffer. The motion carried, 8 ayes and 0 nays. (Councilperson Gay was away from the Council table.) Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Skelton, Westergren and Mayor Malone Nays: None 14. Council considered awarding a construction contract for sanitary sewer extension in Battlegrounds Vista Subdivision. Motion was made by Councilp~~son Westergren to award the bid for sanitary sewer extension in Battlegrounds Vista to the low bidder, McKey Construction Company, in the amount of $90~72~.17. Second by Councilperson Skelton. The motion carried, 9 ayes and 0 nays. • • Minutes, Regular Meeting, La Porte City Council September 23, 1985, Page 7 Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None 15. Council considered awarding a bid for reconditioning two refuse bodies. Mofi~n was made by Councilperson Llovd to award the bid for rP~~nd;tioning two refuse bodies to Refuse Technologies Inc in the amount of $8.400. Second by Councilperson Matuszak. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None 16. Workshop Item: Councilperson Walker formally submitted a redistricting map, labeled Scenario 5A, for Council's study. Councilperson Westergren presented Scenario 1.6, which had been placed at the front of the Council Chambers with the other redistricting maps, and asked that it also be submitted as one of the possibilities for adoption. Discuss redistricting maps and consider final adoption of redistricting map and polling places. Mr. Robert Thrower addressed Council to urge their consideration of Scenario 4 as the formal redistricting map, and asked that Scenario 1.6 be reviewed for the citizens present. Councilperson Westergren then reviewed Scenario 1.6. Mr. George Boyer addressed Council in support of Scenario 4. Mr. Robert Crager addressed Council in support of Scenario 5-A. Mr. Andy Wilson addressed Council in support of Scenario 5-A. The City Attorney briefly reviewed the charter requirements for redistricting. • Minutes, Regular Meeting, La Porte City Council September 23, 1985, Page 8 Motion was made ~y Councilperson Lloyd to adopt Scenario 5-A with its requisite o~l~D.g places as tie district boundaries i'or the ne~f~.ve years. Second by Councilperson Waters. The motion failed, 4 ayes and 5 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak and Waters Nays: Councilpersons Pfeiffer, Gay, Skelton, Westergren The Mayor did not vote, but stated that if he had he would have voted against the motion. Councilperson Walker requested that it go on record as such. Motion was made by Councilperson Westerg en that man 1.6 be submitted as the district boundary neap. Second by Councilperson Skelton. M~t~j,~,n was made by Councilperson Walker to table the motion. Second by Councilperson Waters. The motion to table failed, 2 ayes and 7 nays. Ayes: Councilpersons Walker and Waters Nays: Councilpersons Lloyd, Matuszak, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Councilperson Walker stated at this time that as he studied Scenario 1.6, he could find that the sole purpose behind it was to protect a particular Council seat. He stated he found the map to be very "gerrymiring", to be denying people in the newly annexed area of the city an opportunity to elect someone on Council next April to be their representative, and stated if that map is adopted he would like to go on record as being made aware of any and all communications with the Justice Department and noted under record that he intends to go to the Justice Department with the map. Councilperson Skelton then called for the question. The original motion was then voted on, and carried 7 ayes and 2 nays. Ayes: Councilpersons Lloyd, Matuszak, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: Councilpersons Walker and Waters Minutes, Regular Meeting, La Porte City Council September 23, 1985, Page 9 Mr. Gay then stated that with the three districts in the old section of La Porte, you really haven't diluted the minority vote, he thinks you have strengthened it. He stated he is speaking for the Spanish-American speaking people, who he also represents. When you take district 6 and split it, you split the power of the minority vote. This is why he couldn't accept Scenario 5, because he is representing the Hispanics just as he represents the Blacks and everybody else in the City. He would like that to go on record so we can take that to the Justice Department. 17. Administrative Reports: City Manager Owen reminded Council of the bond sale on September 24, at 7:30 in the lobby at City Hall. He stated he is proud of the City's bond rating. He announced that for the fourth year in a row we have received a Certificate of Conformance on our financial reporting. A formal presentation of that will be made in the near future. He called Council's attention to a future bond issue and suggested a workshop soon on projects we would like to see included. 18. Council Action: Councilpersons Walker, Lloyd, Matuszak, Gay, Skelton, Westergren and Mayor Malone brought items to Council's attention. 19. The Mayor requested an executive session on personnel, and Council adjourned into executive session at 8:26 P.M., returning to the Council table at 9:12 P.M. 20. There being no further business to come before the Council, the meeting was duly adjourned at 9:12 P.M. 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BE IT ORDAINED BY THE CITY COtiNCIL OF THE CITY OF LA PORTE: Section 1. Section 26-11(a) of Ordinance Number 1284 is hereby amended, to hereafter read as follows, to-wit: RATES FOR WATER SERVICE The following rates shall be applicable for water purchased from the City of La Porte computed on a monthly basis: A. Residential Use A minimum charge, per month, shall be $5.00. B. Apartment Units, Duplex Units, Individual Mobile Homes in Mobile Home Parks, with units not individually metered for water: A minimum charge per month, shall be $3.88 per living unit plus an administrative charge of $.32 per meter furnishing water to the customer. C. Commercial and Industrial Use A minimum charge per month shall be made in accordance with the size of the meter utilized to measure service to the customer in accordance with the following sche- dules: 3/4" meter, or smaller meter: $ 6.73 1" meter: $ 9.23 1 1/2" meter: $ 16.36 2" meter: $ 26.34 3" meter: $ 54.87 4" meter: $ 94.81 6" meter: $208.92 8" meter, or larger: $368.67 D. Volume Charges; (1) Each minimum bi:11 of residential, commercial, and industrial shall include 2,000 gallons of water per month. (2) Each minimum bill of Apartment Units, Duplex Units, Individual Mobile Homes in Mobile Home Parks, with units not individually metered for water, shall include 2,000 gallons of water per unit per month. (3) Each additional 1,000 gallons used by a customer each month shall be charged in accordance with the following schedule: ORDINANCE NU. 1465, PAGE 2 For the next additional 8,000 gallons exceeding 2,000 gallons: $1.50 per 1,000 gallons. For the next additional 15,000 gallons exceeding 10,000 gallons: $1.65 per 1,000 gallons. Each additional 1,000 gallons consumed exceeding 25,000 gallons: $1.90 per 1,000 gallons. (4) The volume charge to commercial and industrial shall be in accordance with the schedule in (3). (5) The volume charge to Apartment Units, Duplex Units, Individual Mobile Home Units in Mobile Home Parks, with units not individually metered for water, shall be in accordance with the above schedule in (3) after the usage of the amount of water exceeds the number of units billed times 2,000 gallons each month. Section 2. Section 26-15 of Ordinance No. 1284 as amended by Ordinance No. 1441, is hereby amended, to hereafter read as follows, to-wit: RATES FOR SEV7ER SERVICES The following rates shall be applicable for sewage treatment by the City of La Porte computed on a monthly basis; A. Residential Use A minimum charge, per month, shall be $8.58. Fi. Apartment Units, Duplex Units, Individual Mobile Homes in Mobile Home Parks, with units not individually metered for water: A minimum charge per month, shall be $5.71 per living unit plus an administrative charge of $.49 per meter furnishing sewer service to the customer. C. Commercial and Industrial Use: A minimum charge per month shall be made in accordance with the size of the meter utilized to measure service to the customer in accordance with the following sche- dules: 3/4" meter, or smaller meter: $ 15.18 1" meter: $ 23.08 1 1/2" meter: $ 45.63 2" meter: $ 77.21 3" meter: $167.43 4" meter; or larger $293.74 i' ORDIIVANCE NU. 1465, PAGE 3 D. Volume Charges: (1) Since sewer discharge is not metered, all volume charges shall be based on the total water volume charged to the customer. (2) Each minimum bill of residential, commercial, and industrial shall include '1,000 gallons of sewage discharge treated each month. (3) Each minimum bill of Apartment Units, Duplex Units, Individual Mobile Homes in Mobile Home Parks, with units not individually metered for water, shall include 2,000 gallons of sewage discharge treated per unit each month per unit. (4) Each additional 1,000 gallons treated for a customer each month shall be charged in accordance with the following schedule: Residential: $1.78 per 1,000 gallons. Commercial and Industrial: $1.78 per 1,000 gallons. Apartment Ilnits, Duplex Units, Individual Mobile Homes in Mobile Home Parks, with units not individually metered for water: $1.78 per 1,000 gallons. (5) Computation of Volume based on water purchased: Residential: The volume of sewage treated shall be based upon 95~ of the resident's water volume billed each month. However, the maximum residential charge will be based on 95~ of a resident's average water billed during the months of December, January, and February. For new residents, the basis will be 6,500 gallons rather than the average of the three winter months. Commercial and Industrial: The volume of sewage treated will be based upon 85~ of the monthly water consumption. Multi-Units: The volume charge to Apartment Units, Duplex Units, Individual Mobile Homes in Mobile Home Parks, with units not individually metered for water, shall be based on 85~ of the amount of water billed each month. r (• ORDINANCE NO. 1465, Page 4 Section 3. This Ordinance shall take effect and be in force from and after its passage and approval, with rates to be implemented on all billings after October 1, 1985. Section 4. The City Council officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time re quired by law preceding this meeting, as re quired 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 there- of has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the ~%3f~day of September, 1985. CITY OF LA PORTE Hy ,,~ ~' ;~ ~ fir /~--~ . Orman o e , a or ATTEST: ~C.E;/ erie ac i y ecre ary APP ROVED (/~ !~ ~ /J ~ . ~ ~.-rte---i nox s ins, i y'~~orney • w A ~ >+ o x .+~ U m H •rl •ri (B U LY. ~ U r-I ~ •rl W GG 4-~ A H v~ ,c a .o ~ ~ w v~ a~ .N ao a m x w .N m rn a~ m W ~ O +~ ~ x z v~ m ^•v a~ ~ O ,~ .~ o c > o Lz. A N •~ .-~ M m m E z .~ U .~ m C/1 ~ G U C O N ~ W 4-~ O m .Q O ~ ~ >C H O U B N O -N W H N s. •r-I H c!~ V1 >, ~, .N U ~ 4r H U .N +~ t]...C U O .. ~ .{..l •r-1 •ri N -N N W O' ~ U U U] '~ "O H (sa .N b A ~ OG L~ m U •fl .~ m O m p .~.~ ..O •~ bO.C a v~ cn .~ m ~ •o c~ m o c c a~ ~z m o s. o m ~ ~.7 H ~ -F~ 4-~ .~ •r-I ~ .., x ~ O +~ ~ O N a.~ o •o a~ s. ^ ^ s. ~ a~ a~ a c +~ m •v ~n a~ a~ s. a ~ ~a m ~ a~ ~ ~ ~ ~ m H ^ V] ~ r-I O O N O F V1 N .-I •^ N U .n W x W X CL U N ~- r-1 N H 00 x H c.~ N rra n0 N r-I U~ H A Hb•~b s. ~ m s. m C7 O G 4a ~ U 'O ~ .~ ~ z Oq ^ m .Q .Q 'C7 O O O H U N O 'O C ~ p z H s. 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N H .tom ~ O •r1 V1 N N ~ ~ rl r~ OG ~ O ~ i. +~ ~ H •• d0 c0 +~ .-I H H Q. G H f/~ •r-I H N O H H W N N~ tcS O [~ a~ O O w c~ OG Q. O O O l!'1 O CQ ...7 H c/] H a• x U H a~ o.. O U H ..a z O z O o w w a w c~ v~ c5 > a ~ a. w ~ w a a, x n.. al ~ M 1 z O H H a~ .a O W t/~ C5 W ~ x a. A z a G4 w U H P[ w a U H A W a U 2 W C~ G4 W W O O O r- 00 00 O DO O w w w L(1 ~O L11 N N lam- ~ N '~ C Ls. O H ~ (~ G L N N > ~ N O N N ~ ~ac5 c ~ N N ~ 6 > > ~ o N N O i. .~ ~ cu s, U •N r-I N cU ~ r-I 4-~ s. a~ m ~ .. •~-~ ••-I U ~ ~~ C +~ W (B W~ O co •~ L of U a 5- E-+ z W [~I ~I O O ti rn O O ~ .~ w z W w a w H 0 H C/~ t10 z ~ •rl c~ ~ ~ H N ac a a. o O a a a a v +~ ~ •~ ~ O ~ co 4-~ N N cII.i-~ .~ .N c/2 r-I •F~ S., N C/~ •r-I O .N S.. ~ U ~ tl. •r-I O ~ ~ ~ O W ~ •~ cU •r-I i.. H O 3 ....7 ~ N U C3'-1•~ U4~ NL W a H O s. cU CL' •~ 4r a U] U O U .N hQ a c •~ c a T3 O U •r-I ,p ~ •~ ,C V1 •r-1 •r-I N O N .~ v~ • - r-i •~ .~ U ~O (IS ~ ~ +~ •ri NCO CJ' H .~ .~ rn .~-~ N H N 3 .N ~ (~ L U L ,~ O 4•a S.• ~ .~ V] w wooo c~ ~ N 4.i M Ul H ~ a '~ ~ a .~ ~, ~ a~ w 3 o a~ a~ •~+ ~ O O U h0 ~ 4-~ L ~ 'O E O ..a U ~ N ri 4-r U 71 N CL U U z ca .~ a~ a~ c a o a~8+~ o~ U H O .~ U N U V] h0 N a cU ~ a 1] H N cB O .N H +~ 'C3 i. •~ U U f.. 'O N ~ U > O ~ -+-~ .N f[3 w a ca a •v .~ ~ o ~ •~+ H cII 'd 'O lCl ca ~ ._] N ca a0 ~ U ~+ N O~ f]U C7C1 4-~ •r-I a ~ ~ 'o O i. ~ .~ ~ A cB N ~ +~ ~ w a E s. ,~ •r-I ~ .~ s. cu •~ O U d1 U •~ N ~ ~ .Q ~ ~ W U N •~ O P: ..~ > .N ~ 4r +~ O U U A O H i. R! RS O ~ G O ~ V1 4-i ...7 O W 4-~ •~ O O •~ W N U N ~ .~-> s. ,~ v w a va,•NO xo w ao .c •~ 'v x 'v •o s. x cu o ~ ~ ~ a~ w Cr., A N c0 L]. ~ N W H ~ f~ N ~ N C~ .~ w .~ ~ a~ ~ a .N ~ i. H H caaO H a y ~ i. S. 4-~ L o x a~ cu w ca 2 H 'd ~ .. Oq cq •~ N u1 O U] L CQ U ~ V x U o a~ a~ v U U1 H ~ m I l.Cl O H H ~ ti ow v~ c5 W ~ r~ a rn A s. N .t] E N r~ a a~ w 0 c~ b ra x N N H x H A W O x a a A 2 A W N N di a V ~- 0 a~ c 0 w ~ H c~ x 0 a a ~ ~ ~ ~ w 0 0 ~ 2 H H ~ U W H w H H A S., fQ .1-> N L U N +~ .,~ U .`S U c~ v .r., N U A W 0 x a 0.. A L O .,~ U .,-~ x O • RESOLUTION N0. 85-14 WHEREAS, in 1974 the United States Congress extended the application of the federal Fair Labor Standards Act to the 50 states and their political subdivisions; and WHEREAS, the United States Supreme Court two years later invalidated that action for most purposes, holding that the Congress had no power to enforce overtime and minimum wage, provisions against states in areas of traditional governmental functions (National Lea ue of Cries v. Usery, 426 U.S. 833 (1976)); and WHEREAS, on February 19, 1985, however, the court overruled its earlier opinion, finding the distinctions created by that opinion to be unworkable while commenting that the states and their political subdivisions, if dissatisfied with the court's new opinion, could encourage the Congress to modify the law (Garcia v. San Antonio Mass Transit Authority, 53 LW 4235 (1985)); and WHEREAS, the effect of the C~.rcia decision has been to make all state agencies and political subdivisions subject to the law immediately, without time to prepare for the transition; and WHEREAS, the resulting fiscal impact on Texas state and local governments could be significant; overtime requirements for state and local governments could be particularly burdensome, since the federal law requires time and one-half payment for hours that were previously compensated by equivalent time off; and WHEREAS, the City of La Porte has for many years provided an equitable compensatory time system for City employees who work overtime, and many City employees prefer that system of compensation to the one that is now to be required; and WHEREAS, the reduction of hours worked for fire fighters from an average of 56 hours per week to 53 hours per week also will create an excessive financial burden on the City of La Porte; and WHEREAS, the federal law, as characterized by the Supreme Court in 1976, is an interference "with the integral governmental functions" of state and local governments to such a degree as to 'impair the States' ability to function effectively in a federal system"; and WHEREAS, it results in substantially increased costs in a time of limited revenue, weakens the delivery of public services to the citizens of La Porte, and penalizes the City for choosing to hire governmental employees on terms that are different from, but not necessarily less beneficial than, those sought by the Congress; and WHEREAS, this imposition is especially ironic, given that the United States Congress is itself exempt from the law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTS, TEXAS RESOLVED, that the City Council of the City of La Porte hereby request the United States Congress to exempt state and local governmental employees from the federal Fair Labor Standards Act; and be it further RESOLVED, that the City Council of the City of La Porte hereby request the Secretary of Labor, while we attempt to influence the Congress to amend the Fair Labor Standards Act, to work with the representatives of the National League of Cities, the Texas Municipal League and other public interest groups to provide administrative relief under the Department of Labor's regulatory authority to develop rules which provide some flexibility for key governmental operations; and, further be it • f Resolution 85-14, Page 2 RESOLVED, that the City Secretary forward official copies of this resolution to the President of the United States, to the President of the Senate and Speaker of the House of Representatives of the United States Congress, to the Secretary of Labor, and to each member of the Texas delegation to the Congress, with the request that it be entered in the Congressional Record as a memorial to the Congress of the United States of America. PASSED AND APPROVED this the 23rd day of September, 1985. CITY OF LA PORTS B y G'-'' o man Malone, Ma or ATTEST: City Secretary ~ ~ ORDINANCE NO. I ~f'~ b AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, SECTIONS 25-23, and 25-24, OF THE CODE OR ORDINANCES OF THE CITY OF LA PORTS, FOR THE PURPUSE OF DESIGNATING MAXIMUM SPEED LIMITS UPON THE STREETS OF THE CITY OF LA PORTS; FOR THE FURTHER PURPOSE OF SPECIFICALLY DESIGNATING SCHOOL ZONES AND THE MAXIMUM SPEED LIMITS APPLYING TO SAID SCHOOL ZUNES .AT TIMES SPECIFIED HEREIN; AND FURTHER PROVIDING THAT THE CHIEF OF POLICE BE AUTHORIZED AND DIRECTED TO POST SIGNS AT BOTH ENDS OF SPECIAL SPEED ZONES CREATED HEREIN IN SAID SPEED ZONES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Article 67U1d, Vernon's Texas Civil Statutes, provides that whenever the governing body of the City of La Porte shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reason- able or safe under conditions found to exist at any intersection or other place or upon any part of a street or highway within the City of La Porte, taking into consideration, but not limited to, the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signage giving notice thereof is erected at such intersection or other place or part of the street or highway; and, WHEREAS, the City Council of the City of La Porte has directed that an Engineering and Traffic Investigation take place for the purpose of ascertaining reasonable and safe prima facie speed limits on said streets or highways within the City of La Porte; and WHEREAS, the results of said Engineering and Traffic Investi- gation have become known unto the City Council of the City of La Porte; and WHEREAS, the City Council of the City of La Porte finds that it ORDINANCE NO. I ~'~ ~p , Page 2 is consistent in promoting the health, safety, and welfare of the citizens of the City of La Porte to designate maximum speeds upon the streets and highways of the City of La Porte based upon the results of said engineering and traffic investigation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. Upon the basis of an engineering and traffic investi- gation heretofore made as authorized by the provisions of Article 6701d, Vernon's Texas Civil Statutes, the following maximum speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and prudent; and such speed limits are hereby fixed as the maximum rates of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows, and any speed in excess of the limits specified and during the time set out shall be prima facie evidence that the speed is not reasonable and prudent and that it is unlawful, and that the Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 25, Traffic, Article 2, Section 25-23, and Section 25-24 are hereby amended to read as set forth in Exhibit "A", attached hereto and fully incorporated by reference herein for all purposes. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as 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. ~~ ORDINANCE N0. ~`~~~° , Page 3 Section If any section, sentence, phrase, clause, or any part of any section, sentence, phrase or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 4. Ahy person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollar ($200.00). Section All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6. This Ordinance shall be effective fourteen (1~t) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the 23rd day of September, 1985. CITY OF LA PORTS 1 Y Norm n Malone, Mayor ATTEST: C/ City Secretary APPROVED: ~~ l City Attorney EXHIBIT "A" Section 25-23. Maximum limits generally. (a) Except as otherwise provided in this section, it shall be unlawful for any person to drive or operate a motor vehicle within the City of La Porte at a rate of speed greater than 30 miles per hour. (b) Notwithstanding any other provision of this Article, no person shall drive a motor vehicle on any street or highway in the City at a speed greater than is reasonable and prudent under the conditions then existing, having regard to the actual and potential hazard when approaching or crossing an intersection or a railway grade crossing, when approaching or going around a curve, when approaching a hillcrest, when traveling upon a narrow or winding street or highway, or when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or street conditions. In any event, speeds shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street, alleyway, or highway in compliance with legal requirements, and the duty of all persons, to use due care. (c) The City Council find,upon traffic and engineering studies, and having regard to all other elements and factors required by law, including, but not limited to, the widths and conditions of pavements and other circumstances, as well as the usual traffic thereon, that the maximum rates of speed is prescribed in this article are the maximum, reasonable, and prudent, safe prima facie speeds for motor vehicles operating as described herein. (d) Maximum limits and school zones. (1) Notwithstanding any other provision of this article, it shall be unlawful for any person to drive any motor vehicle at a rate of speed in excess of 20 miles per hour in any of the following designated school zones: (a) Along Park Street from San Jacinto to Fairmont Parkway, a distance of 700 feet, .133 miles. (b) Along Fairmont Parkway from Park Street to South Broadway, a distance of 1,800 feet, .34 miles. (c) Along Texas Ave. from Fairmont Parkway to East "G" Street, a distance of 1,400 feet, .27 miles. (d) Along East "G" Street from South Broadway to San Jacinto, a distance of 1,500 feet, .28 miles. (e) Along South Broadway from a point 250 feet south of East "G" Street to a point 75 feet south of East "B" Stree a distance of 2,525 feet, .48 miles. (f) Along San Jacinto from a point 20 feet south of East "B" Street to a point 200 feet south of East "G" Street, a distance of 2,330 feet, .44 miles. (g) Along East "C" Street from San Jacinto to South Broadway, a distance of 650 feet, .123 miles. (d) Maximum limits and school zones (continued) (h) Along West Madison from a point 30 feet west of North 4th Street to North 6th Street, a distance of 620 feet, .117 miles. (i) Along North 6th Street from a point 400 feet south of Barbours Cut Blvd. to a point 50 feet north of West Tyler, a distance of 950 feet, .179 miles. (j) Along North 5th from a point 75 feet south of Barbours Cut Blvd. to a point 20 feet north of West Tyler, a distance of 1,,300 feet, .246 miles. (k) Along North "L" Street from a point 50 feet west of Alvy Drive to a point 175 feet west of Lomax School Road, a distance of 2,400 feet, .454 miles. (1) Along Willmont from a point 100 feet north of Fairmont Parkway to a point 100 feet south of Shell Rock, a distance of 1,200 feet, .227 miles. (m) Along Clairmont from Roseway to Rosemont, a distance of 600 feet, .114 miles. (n) Along Rosemont from Clairmont to Parkway, a distance of 60.0 feet, .114 miles. (o) Along Parkway from Willmont t o Rosemont, a distance of 250 feet, .047 miles. (p) Along Roseway from Clairmont to Roseberry, a distance of 500 feet, .095 miles. (q) Along Cedarmont from a point 50 feet north of Stonemont to Myrtle Creek, a distance o f 1,150 feet, .218 miles. (r) Along Myrtle Creek from Antri m to West Main, a distance of 600 feet, .114 miles. (s) Along Carlow from a point 200 feet east of Catlett to Cedarmont, a distance of 500 feet, .095 miles. (t) Along West Main from a point 200 feet east of Underwood Road to a point 200 feet east of Myrtle Creek, a distance of 1,150 feet, .218 miles. (u) Along Underwood Road from a point 30 feet north of Andricks to a point 100 feet south of Carlow, a distance of 1,480 feet, .280 miles. (v) Along West Main from a point 530 feet east of Farrington Blvd. to a point 280 feet west of Farrington Blvd., a distance of 810 feet, .153 miles. (w) Along Farrington Blvd. from West Main to a point 850 feet south of West Main, a distance of 850 feet,.l61 miles ~~ (2) The speed limit established in this section shall be in effect between 7:00 A.M. and 9:00 A.M., and between 2:00 P.M. and 4:00 P.M., Monday through Friday of each week, from the first day of September, or the beginning of the school term, whichever event first occurs, to the first day. of June, or the last day of the school term, whichever event last occurs, of each and every year, when the school zone to which such limit applies is properly signed or posted as a school zone. Timed flashing lights, as well as fixed signs, may be used to sign or post a school zone. (e) Maximum limits in parks. It shall be unlawful for any person to drive any motor vehicle on any street or road within a city park at a rate of speed in excess of 10 miles per hour. (f) Thirty (30) Mile Per Hour Zones. The following streets or portions thereof shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 30 miles per hour in any such zone: (1) Along Myrtle Creek from West Main to Underwood Road, a distance of 3,800 feet, .72 miles. (2) Along Fairmont Parkway from South Broadway to Park Ave., a distance of 1,800 feet, .34 miles. (3) Along Park Ave. from- San Jacinto to Fairmont Parkway,a distance of 700 feet, ,13 miles. (g) Thirty-five (35) Mile Per Hour Zones. The following streets or portions thereof shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 35 miles per hour in any such zone: (1) Along Underwood Road from a point, 2,350 feet south of West Main to a point 650 feet north of West Main, a distance • of 3,000 feet, .57 miles. (2) Along West Main from a point 650 feet west of Underwood Road to a point 2,050 feet east of Underwood Road, a distance of 2,700 feet, .51 miles. (3) Along West Main from a point 925 feet west of Farrington Blvd. to a point 1,125 feet east of Farrington Blvd., a distance of 2,050 feet, .39 miles. (4) Along West Main from a point 1,275 feet east of 26th Street to State Highway 146, a distance of 4,200 feet, .79 miles. (5) Along North "L" Street from a point 850 feet west of Lomax School Road to a point 2,750 feet east of Lomax School Road, a distance of 3,600 feet, .68 miles. (6) Along Driftwood Drive from West Main to Fairmont Parkway, a distance of 4,700 feet, .89 miles. (7) Along Fairmont Parkway from a point 550 feet west of State Highway 146 to South Broadway, a distance of 4,000 'feet, .76 miles. (8) Alorig South 16th Street from West Main to a point 1,500 feet south of West Main, a distance of 1,500 feet, .28 miles. (9) Along~East Barbours Cut Blvd. from State Highway 146 to North Broadway, a distance of 3,100 feet, .59 miles. (10) Along Park Ave. from San Jacinto to East "E" Street, a distance of 4,700 feet, .89 miles. (h) Forty (40) Mile Per Hour .Zones. The following streets or portions thereof shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 40 miles per hour in any such zone: (1) Along West Main from Luella Blvd. to a point 2,000 feet west of Luella Blvd., a distance of 2,000 feet, .38 miles. (2) Along West Main from a point 950 feet east of Myrtle Creek to a point 900 feet west of Farrington Blvd., a distance of 2,200 feet, .42 miles. (3) Along North "H" Street from Lomax School Road to 26th Street, a distance of 8,300 feet, 1.57 miles. (4) Along North "L" Street .from Underwood Road to a point 850 feet west of Lomax School Road, a distance of 4,000 feet, .76 miles. (5) Along North "L" Street from a point 2,750 feet east of Lomax School Road to 26th Street, a distance of 5,500 feet, 1.04 miles. (6) Along North "P" Street from Underwood Road to 26th Street, a distance of 13,100 feet, 2.48 miles.. (7) Along 26th Street from State Highway 225 to West Main, a distance of 9,300 feet, 1.76 miles. (8) Along North 16th Street from Barbours Cut Blvd. to West Main, a distance of 2,850 feet, .54 miles. (9) Along South 16th Street from a point 1,500 feet south of West Main to Fairmont Parkway, a distance of 3,300 feet, .63 miles. (10) Along Barbours Cut Blvd. from North 16th Street to State Highway 146, a distance of 2,050 feet, .39 miles. ~~ (i) Forty-five (45) Mile Per Hour Zone. The following streets or portions thereof shall .constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 45 miles per hour in any such zone: (1) Along Underwood Road from North "P" Street to a point 650 feet north of West Main, a distance of 6,900 feet, 1.31 miles. (2) Along Underwood Road from a point 2,350 feet south. of West Main to. Fairmont Parkway, a distance of 2,400 feet, .45 miles. (3) Along West Main from a point 2,000 feet east of Luella Blvd. to a point 650 feet west of Underwood Road, a distance of 5,200 feet, .98 miles. (4) Along West Fairmont Parkway from a point 2,400 feet east of Bay Area Blvd. to a point 550 feet west of State Highway 146, a distance of 2,500 feet, .47 miles. (j) Fifty (50) Mile Per Hour Zone. The following streets or portions thereof shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 50 miles per hour in any such zone: (1) Along Underwood Road from State Highway 225 to North "P" Street, a distance of 6,500 feet, 1.23 miles. (2) Along West Main from a point 1,125 east of Farrington Blvd. to a point 1,275 east of 26th Street, a distance of 7,850 feet, 1.49 miles. (k) Fifty-five (55)_ Mile Per Hour Zone. The following streets or portions thereof shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 55 miles per hour in any such zone: (1) Along Fairmont Parkway from a point 2,400 feet east of Bay Area Blvd. to Luella Blvd., a distance of 22,800 feet, 4.318 miles. Section 25-24. Speed Limit Signs. The Chief of Police of the City of La Porte is hereby authorized and directed to post signs at both ends of special speed zones created in this article, which signs shall reflect the speed limits of the respective zones. ORDINANCE N0. 1467 AN ORDINANCE REAPPOINTING JAMES H. LONGNECKER, AS MEMBER OF THE CIVIL SERVICE COMMISSION, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby makes the following appointment to the Civil Service Commission, for the term beginning on the effective date hereof, and ending as specified; provided, however, the appointee shall serve until his successor has been duly appointed and qualified: Member Term Ends JAMES H. LONGNECKER September 30, 1988 Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council wasposted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 23rd day of September, 1985. CITY OF LA PORTE B y ~ r----. Norman Malone, Mayor ATTEST: City Secretary APPROVED: C-tiG '' City Attorney f ~ ORDINANCE N0. 1468 AN ORDINANCE APPOINTING DIRECTORS FOR POSITION 3, POSITION 4, AND POSITION 5 OF THE LA PORTS AREA WATER AUTHORITY; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section The City Council of the City of La Porte hereby appoints the following Directors to serve as members of the La Porte Area Water Authority, for the term expiring September 1, 1987, and until each of their successors shall have been duly appointed and qualified. Director, Position 3: Director, Position 4: CARY BURNLEY RICK MATHEWS Director, Position 5: JERRY BRAMLETT Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of conflict only. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 23rd day of September, 1985. CITY OF LA PORTS B y G-~~ o man L. Malone, Mayor ATTEST: City Secretary APPROVED: City Attorney CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: FROM: SUBJECT: Jerry L. Hodge, Director of Public Works DATE: September 11, 1985 St e illett, Assistant Public Works Director Phase II Construction Grant - Airport The City of La Porte is submitting an application to the FAA for the construction of improvements at the La Porte Municipal Airport. These improvements, AIP Project No. 3-48-O117-03, are a continuation of the present construction, and will serve to enhance the ability of the airport to provide top aviation facilities. Total estimated cost of Phase II improvements is $622,668. With a 9A-10 grant, this will amount to $560,400 federal, and $62,267 as the City's matching 10~. Although this grant has not yet been issued, it must be issued before September 30, 1985, by Federal law. It is required that the City Council pass a resolution accepting the grant offer, and authorizing the City Manager to sign it. To avoid a last minute emergency meeting, it is suggested that Council pass this resolution in anticipation of the grant offer. If you should have any questions, please advise. SG/lw • ~ RESOLUTION NO. ~~ ~~ A RESOLUTION ACCEPTING A GRANT FOR AIRPORT PROJECT NO. 3-48-0127-03. WHEREAS, the City of La Porte, Texas (termed SPONSOR herein), and the Department of Transportation, Federal Aviation Administration (FAA), desire to enter into a certain Grant•Agreement which provides Federal participation in an Airport Improvement Project for the La Porte Municipal Airport; and WHEREAS, in response to a request duly filed by SPONSOR, the FAA has prepared said Grant Agreement, a copy of which is attached, and has submitted it to SPONSOR for acceptance and execution; and WHEREAS, it is determined to be in the intereset of SPONSOR and FAA to accept said Grant Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the City Council of the City of La Porte does hereby accept the provisions of said Grant Agreement for Project No. 3-48-0127-03. Section 2. That the City Manager of the City of La Porte is hereby authorized and directed to execute said Grant Agreement for and on behalf of the City of La Porte. ,..~.~•PASSED AND APPROVED THIS 23rd day of September, 1985. ~~~~ ,' ~ ~, CITY OF LA PORTE ~~ , ,~' • C~, a~ ~, i//~ / ~• ~' rman Malone, Mayor X1`1`\\AZ'TEST :~ City Secretary APPROVED: t / Z ~~~~ City Attorney CITY COUNCIL AGENDA ITEMS T0: CITY MAfdAGER FROM: Richard Hare DATE:g_16-85 Jack Owen REQUEST FOR CITY COUNCIL AGENDA ITEM 1. Agenda Date Requested: 9-23-85 2. X REPORT; RESOLUTION; ORDINANCE 3. PROJECT SUMMARY: Chapter 7, Section 8, Subsection Retirement of the City's Personnel Policies requires that a 90 day waiting period be established prior to TMRS eligibility by new, nontransfering employees. Staff advises the abolishment of this administrative policy. 4. ACTION REQUIRED: Revision of the City's Personnel Policy to include all new regular fulltime employees under TMRS upon employment. 5. ALTER4iATIVE: Continue to needlessly protract an employee benefit. 6. RECOMMENDATION: Revise Chapter 7, Section 8, Subsection Retirement to include all new, nontransfering employees under TMRS payro deduction upon employment with the City. 7. EXHIBITS: Memorandum (8-8-85) from Tf~IRS. 8. AVAILABILITY OF FUNDS: _ General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other ' ' 9. ACCOUNT NUMBER: _ F[TNb VAILABLE : _YE S _NO TYPE NAh1E IN___ REQUESTED BY: 10. APPROVED FOR CITY COU?iCIL AGENDA Jack Owen CITY f4ANAGER'S OFFICE DATE + , r ~ • '. ~, RET,y'F ,v ~ ~~~ .i1 ~~~.~ TEXAS MUNICIPAL RETIREMENT SYSTEM 1200 NORTH INTERSTATE 35, AC 512/476-7577 POST OFFICE BOX 2225 AUSTIN, TEXAS 78768 August 8, 1985 Mr. Richard T. Hare Assistant City Manager City of La Porte P. O. Box 1115 La Porte, Texas 77571 Dear Richard: I am writing as a follow up to your recent letter, regarding probationary periods for new employees, and whether or not new employees should be enrolled in TMRS when they are employed, or upon the completion of their six-month probationary period. As you know, the TMRS Act requires that employees become members of TMRS as a condition of their employment, with the following exceptions: 1) Employees who work less than 1,000 hours per year. 2) Temporary employees. 3) Employees who are 60 years of age or older when employed. In the past, many cities did not consider a person an "employee" until they completed a probationary period, and consequently did not enroll new employees in TMRS until that time. In the case of the City of La Porte, the disadvantages of not enrolling employees during the first six months of employment are as follows: 1) If an employee dies prior to becoming a member of TMRS, no Supplemental Death Benefit (equal to one-year's salary) would be paid to the beneficiary. 2) If an employee became disabled in the line of duty prior to becoming a member of the System, they would not be entitled to receive a monthly disability annuity. If the employee was a member in the System, their monthly disability annuity as a result of aservice-connected injury would be one-half of their monthly salary. 3) If an employee is not a member of TMRS during their first six months of employment, and they receive a pay increase of less than 796 upon completion of their probationary period, they will actually see a decrease in their take home pay because of the required 796 TMRS contribution. Conversely, if new employees are enrolled in TMRS when employed, and begin making TMRS contributions at that time, they would actually see an increase in their take home pay if they receive a pay increase upon completion of their probationary period. From a personnel standpoint, I think it is certainly advantageous and equitable for all employees, regardless of length of employment, to be provided the same benefits, including retirement. If a new employee does not complete the required probationary period, they would be refunded the money they have contributed to TMRS while they were employed by the City. Most member cities of TMRS have discontinued the policy of not enrolling employees in TMRS until they complete a probationary period, and enroll new employees on their date of employment. ~` n Mr. Richard T. Hare Assistant City Manager City of La Porte Page 2. Should you have any additional questions regarding this matter, or if we may be of service in any way, please feel free to contact our office. Sincerely, i , /~/ z'I ~_. Gary Wf~Anderson ~; % Administrative Assistant GWA/pjh ~. I T0: FROM: Date: 9/18/85 I City Manager John Joerns REQUEST FOR CITY COUNCIL AGEidDA ITEM 1. Agenda Date Requested: September 23, 1985 3. Protect Summary: 4. Action Required: 5. Alternative: 6. Recommendation: 7. Exhibits: 2. Report X Resolution Ordinance Battlegrounds Vista Subdivision Sanitary Sewer Extension CLP No. 84-7109 Bid Opening and Award of Construction Contract Approve award of contract to McKey Construction & Equipment Co., Inc. in an amount of $90,723.17. Award Contract to another bidder or reject all bids. Award Contract tq the low bidder, McKey Construction & Equipment Co., Inc., in the amount of $90,723.17. 9-17-85 memorandum from John Joerns to Jack Owen. I B. Availability of Funds: General Fund ~_Water/Wastewater ~_Capital Improvmt. General Revenue Sharing Other Account Number: 003-806-806-886 Funds Available: X Yes No John Joerns F?P Q17PSt 9.Approved for City Council Agenda -~ ~. City Manage r ~- /~ Date • • CITY OF LA PORTE INTER-OFFICE MEMORANDUM T0: Jack Owen City Manager FROM: John J e Direct r ommunity Development DATE: Septembe 8, 1985 SUBJECT: Battlegrounds Vista Subdivision Sanitary Sewer Extension CLP File Number 84-7109 Four sealed bids were opened and read at the bid opening for the above referenced project at City Hall September 16, 1985. Results of the bid are shown on the attached bid opening worksheet. All four bids have been evaluated for accuracy and conformance to the requirements of the bid package. Bids entered by Bill McDonald and Eiserer Construction contained minor errors and the worksheet reflects the adjusted bids. Recommend award of this contract to McKey Construction and Equipment Co., Inc., the low bidder, in an amount of $90,723.17. BS/tla BID OPENING WORKSHEET CLP JOB NUMBER 84-7109 SEWAGE COLLECTION AND TREATMENT SYSTEM BATTLEGROUNDS VISTA SUBDIVISION BIDDER R L Utilities 405 S. 16th Street La Porte, Texas 77571 Bill McDonald P.O. Box 189 Deer Park, Texas 77536 McKey Construction & Equipment 111 N. 16th Street La Porte, Texas 77571 Eiserer Construction P.O. Box 895 League City, Texas 77573-0895 2 TOTAL BID (INCLUDING ADDENDUM 1) $130,148.78 $118,459.001 $ 90,72.17 $13,,180.152 Adjusted downward $1529.00 due to inclusion of bid items 13 and 14, which were deleted in Addendum 1. Adjusted downward $1000.00 due to addition error on page two of the bid schedule. ~, ~ ! . TO: CITY MANAGER FROM: DATA: September 17 , 198 5 • • • • PUBLIC WORKS REQUEST FOR CITY COUNCIL AGENDA ITEM 2. __~ Report 1. Agenda Date Requested: September 2 3 , 19 8 5 _ Resolution Ordinance 3. Project Summary: Sealed proposal #0005 received for reconditioning of two refuse bodies. Trucks are used as back-up residential trucks. Five proposals were sent. One proposal returned. 4. Action Required: Award contract to Refuse Technologies, Inc. in the amount of $8,400.00. 5 .. A]:ternat ive Reject Proposal. 6. Recommendatign Award contract to Refuse Technologies, Inc. in the amount of $8,400.00 for reconditioning of two refuse bodies. 7. Exhibits: Attached. 8. Availability of Funds: General Fund Water/Wastewater Capital Improvmt. General Revenue Sharing X Other Motor Pool Account Number: 009-700-702-856 Funds Available: X Yes Nb Jerry L. Hodge, Director of Public Works Requed By A J 9. A~Sprc~ved for ^ity Council Agenda • CI'I'Y OF LA PORTE INTER-OFFICE MEMORANDUM T0: Jack O e C' ager DATE: September 17, 1985 FROM: Jerry d e Hof Public Works SUBJECT: Seal e,8 Pro~S ~s~l ~RI`P # 0005 //// Sealed .proposals were solicited for the reconditioning of two refuse packers for the Solid Waste Division. This budgeted item is to recondition the packer bodies of a 1979 Heil and a 1980 E-Z Pak. These two trucks are presently used as back-ups for residential collection. The two units have seen extensive. service, and tolerances on metal and hydraulic systems have reached the point that excessive maintenance is required.. The proposal is to recondition the bodies to restore original factory condition, so that these trucks will not have to be replaced. Proposals were sent to five (5) vendors who are experienced in this type of work. Although numerous calls were made to ensure that vendors would submit proposals, and all assured that they would bid, only one proposal was received. The one proposal received was from Refuse Technologies, Iric., located in Houston, Texas, in the amount of $8,400.00 for both bodies. Proposal includes standard manufacturer's warranty for parts and six (6) month warranty for all structura~? repairs. References were checked, and all reported excellent service, including the Director of Maintenance for the City of Houston. Budgeted for repair was $30,000 for both trucks, which includes force- account repair of the cab and chassis, and force-account labor to repaint both units. The proposal amount, $8,400, is well below the quotes received during the budgeting process in 1984. Although only one proposal was submitted, I recommend that the City award the contract for reconditioning two refuse packers to Refuse Technologies, Inc. in the amount of $8,400.00. Excellent references, togeth.es•~.aith a proposal price well below figures quoted last year, indicate that the price and service will satisfy the needs of the City. If you should have any questions, please advise. JLH/lw