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Home My WebLink About1986-07-14 Public Hearing and Regular Meeting• • MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING OF THE LA PORTE CITY COUNCIL JULY 14, 1986 1. The meeting was called to order by Mayor Pro Tem Skelton at 6:01 P.M. Members of City Council Present: Mayor Pro Tem B. Don Skelton, Councilpersons Betty Waters, Ed Matuszak, Deotis Gay, Linda Westergren Members of City Council Absent: Mayor Norman Malone, Councilpersons John Lloyd, Alton Porter, Lindsay Pfeiffer Members of City Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager Richard Hare, Chief of Police Charles Smith, Director of Parks and Recreation Stan Sherwood, Recreation Director Tim Anderson, Director of Community Development John Joerns, Acting Director of Public Works Steve Gillett, Water/Wastewater Superintendent Buddy Jacobs Others Present: Dennis Arocho; Bob Reach, Turner Collie & Braden; Charles Hudgins; Doris Turbeville, TML; Charles Van Metre, Dow Chemical Co.; Melissa Lestarjette, Bayshore Sun; 6 citizens 2. The invocation was given by Councilperson Gay. 3. Mayor Pro Tem Skelton called the public hearing regarding Dow Chemical Company, Brazos Harbor Industrial Development Corporation Bond Issue to order. Mr. Charles Van Metre, representing Dow Chemical Company, addressed Council regarding the issuance of the bonds. There being no other citizens wishing to address Council regarding the bonds, the Mayor Pro Tem adjourned the public hearing. 4. Council considered approving the minutes of the regular meeting of Council held June 23, 1986. Minutes, Public Hearing and La Porte City Council July 14, 1986, Page 2 Regular Meeting • Motion was made by Couneilperson Waters to aAnrove the minutes of the June 2~ meeting as presented. Second by Couneilperson Matuszak. The motion carried, 5 ayes and 0 nays. Ayes: Councilpersons Waters, Matuszak, Gay, Westergren and Mayor Pro Tem Skelton Nays: None 5. Mayor Pro Tem Skelton presented a plaque to Employee of the Quarter Dennis Arocho. 6. A framed certificate of appreciation from Council was presented by Mayor Pro Tem Skelton to Charles Hudgins for his contributions to the City during his tenue as Managing Editor of the Bayshore Sun. The Mayor Pro Tem presented a proclamation for 1986 Olympic Festival Day to Tim Anderson of the Parks and Recreation Department. 7. Delbert Walker addressed Council regarding the fine job the City had done on the streets in the Lomax area of the City, and asked if it would be possible to ~~white line" the streets in that area on the edges and down the middle to make them easier to see at night. Cecil Knight addressed Council regarding lack of street lights in the Spenwick area. 8. Council considered an ordinance regarding tax on bingo games within the city of La Porte. The City Attorney read: ORDINANCE 1503 - AN ORDINANCE LEVYING A GROSS RECEIPTS TAX ON THE CONDUCT OF BINGO GAMES WITHIN THE CITY OF LA PORTE, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Couneilperson Westergren to adopt Ordinance 150 as read by the City Attorney. Second by Couneilperson Matuszak. The motion carried, 5 ayes and 0 nays. Ayes: Councilpersons Waters, Matuszak, Gay, Westergren and Mayor Pro Tem Skelton Nays: None • Minutes, Public Hearing La Porte City Council July 14, 19$6, Page 3 and Regular Meeting 9. Council considered adopting a notice of claims ordinance. The City Attorney read: ORDINANCE 1504 - AN ORDINANCE PROVIDING FOR NOTICE TO THE CITY COUNCIL OF PROPERTY DAMAGE, PERSONAL INJURY, DEATH; PROVIDING THE TIME AND LOCATION WHERE SUCH NOTICE IS TO GIVEN; PROVIDING THAT SUCH NOTICE MAY NOT BE WAIVED; AND PROVIDING THAT THE TIMELY FILING OF NOTICE OF ANY CLAIM AND REFUSAL OF SAME BY THE CITY COUNCIL IS A CONDITION PRECEDENT TO THE INSTITUTION OF ANY SUIT; PROVIDING FOR VERIFICATION OF THE NOTICE OF CLAIM; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Matuszak to adopt Ordinance 1504 as read b~ the Citv Attornev. Second by Councilperson Waters. The motion carried, 5 ayes and 0 nays. Ayes: Councilpersons Waters, Matuszak, Gay, Westergren and Mayor Pro Tem Skelton Nays: None Item 15 was then addressed: Consider authorizing continuous interlocal agreement between La Porte and the political subdivisions to form joint self-insurance pool. Doris Turbeville of Johnson and Higgins, the firm the Texas Municipal League uses to obtain coverage, addressed Council regarding this item. Motion was made by Councilperson Westergren to authorize entering a continuous ~reement to form a self-insurance ~. Second by Councilperson Matuszak. The motion carried, 5 ayes and 0 nays. Ayes: Councilpersons Waters, Matuszak, Gay, Westergren and Mayor Pro Tem Skelton Nays: None 10. Council considered a resolution approving issuance of bonds by Brazos Harbor Industrial District to Dow Chemical Company, La Porte. LJ Minutes, Public Hearing La Porte City Council July 14, 1986, Page 4 and Regular P4eeting The City Attorney read: RESOLUTION 86-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTS REQUESTING THE ISSUANCE OF BONDS BY THE BRAZOS HARBOR INDUSTRIAL DEVELOPMENT CORPORATION TO FINANCE A PROJECT FOR THE DOW CHEMICAL COMPANY AND APPROVING SAID ISSUANCE FOLLOWING A PUBLIC HEARING Motion was made by Councilnerson Westergren to approve resolution 86-19 as read by the Citv Attorney. Second by Councilperson Waters. The motion carried, 5 ayes and 0 nays. Ayes: Councilpersons Waters, Matuszak, Gay, Westergren and Mayor Pro Tem Skelton Nays: None 11. Council considered a resolution approving acquisition of property for park purposes. The City Attorney read: RESOLUTION 86-20 - A RESOLUTION FINDING THE PUBLIC NECESSITY FOR THE ACQUISITION OF CERTAIN PROPERTY FOR PARK PURPOSES; AUTHORIZING THE CITY ATTORNEY OF THE CITY OF LA PORTS TO ACQUIRE SAID PROPERTY BY NEGOTIATION WITH THE OWNERS THEREOF, OR BY PROCEEDINGS IN EMINENT DOMAIN. Motion was made by Councilnerson Waters to approve Resolution 86-20 as read by the Citv Attorney. Second by Councilperson Westergren. The motion carried, 5 ayes and 0 nays. Ayes: Councilpersons Waters, Matuszak, Gay, Westergren and Mayor Pro Tem Skelton Nays: None 12. Council considered approving a resolution declaring an emergency and approving emergency repair of water well ~~ 1. The City Attorney read: RESOLUTION 86-21 - A RESOLUTION MAKING FINDINGS OF FACT, AND DECLARING AN EMERGENCY, IN CONNECTION WITH REPAIRS TO CITY OF LA PORTS WATER WELL N0. 1, IN FAIRMONT PARK SUBDIVISION. Motion was made by Couneil,person Matuszak to aonrove Resolution 86-21 as read by the City Attorney. Second by Councilperson Westergren. The motion carried, 5 ayes and 0 nays. • Minutes, La Porte July 14, Ayes: Nays: Public Hearing City Council 1986, Page 5 and Regular Meeting Councilpersons Waters, Matuszak, Gay, Westergren and Mayor Pro Tem Skelton None 13. Council considered approving Change Order ~~ 1 for Fairmont Parkway Relief Sanitary Sewer. Motion was made by Councilperson Westergren to aNnrove Change Order 4~ 1 for Fairmont Parkway Relief Sanitary Sewer. Second by Councilperson Matuszak. The motion carried, 5 ayes and 0 nays. Ayes: Councilpersons Waters, Matuszak, Gay, Westergren and Mayor Pro Tem Skelton Nays: None 14. Council considered approving a letter of authorization for Turner Collie & Braden to provide inspectional services for La Porte treatment plant expansion and Fairmont Parkway relief trunk main. Charles Young and Delbert Walker addressed Council regarding this item. Motion was made by Councilperson Westergren to approve the ~Pti-Pr of authorization for Turner Collie & Braden to provide ;n ~P~tional services for La Porte treatment plant e~ansion and Fairmont Parkway relief trunk main. Second by Councilperson Matuszak. The motion carried, 5 ayes and 0 nays. Ayes: Councilpersons Waters, Matuszak, Gay, Westergren and Mayor Pro Tem Skelton Nays: None 15. Item 15 was addressed after item 9. 16. Council considered approving a demolition contract. Mgt;nn was made by Councilperson Gay to approve a demolition contract with Daniels Dumn Truck Hau1_ing. Second by Councilperson Westergren. The motion carried, 5 ayes and 0 nays. • i Minutes, Public Hearing and Regular Meeting La Porte City Council July 14, 1986, Page 6 Ayes: Councilpersons Waters, Matuszak, Gay, Westergren and Mayor Pro Tem Skelton Nays: None 17. Council considered appropriating funds not to exceed $5,000.00 for City of La Porte video to be used for promotional purposes. Motion was made b~ Councilgerson Westergren to approve ~.norop~^iating funds not to exceed $5,000.00 for a Citv of La Porte video to be used for promotional purposes, such funds to be taken from_E~rv hotel-motel tax revenues. Second by Councilperson Matuszak. The motion carried, 5 ayes and 0 nays. Ayes: Councilpersons Waters, Matuszak, Gay, Westergren and Mayor Pro Tem Skelton Nays: None 18. Administrative Reports: The City Manager announced that we now have a signed contract with Harris County for Sylvan Beach Pavilion, and a report will be given at the July 28 meeting regarding plans for repairing the facility. 19. Council Action: Councilpersons Waters, Matuszak, Gay, Westergren and Mayor Pro Tem Skelton brought items to Council's attention. 20. There being no further business to come before the Council, the meeting was duly adjourned at 7:45 P.M. Respectfully s bmitted: ~~~ C~ ' Cherie Black, City Secretary Passed & Approved this the 28th day of July, 1986 rman L. Malone, Mayor ~ ~ ~~ a EMPLOYEE OF THE QUARTER MARCH, APRIL AND MAY, 1986 IT IS WITH GREAT PRIDE AND PLEASURE THAT I NAME DENNIS AROCHO OF THE WATER PRODUCTION DIVISION AS EMPLOYEE OF THE QUARTER FOR MARCH, APRIL AND MAY, 1986. DENNIS HAS BEEN EMPLOYED BY THE CITY SINCE JANUARY 1984, AND IS THE CUSTOMER SERVICE REPRESENTATIVE DEALING WITH METER READING AND CUSTOMER REQUESTS FOR SERVICE. HIS IS A DEMANDING, SOMETIMES THANKLESS, JOB THAT HE HANDLES WITH CALM, COOL EFFICIENCY. DENNIS RECENTLY FORMULATED A PLAN FOR NOTIFYING DELINQUENT ACCOUNTS A DAY IN ADVANCE THAT THE WATER SERVICE WOULD BE DISCONTINUED THE NEXT DAY IF THE ACCOUNT WAS NOT SETTLED. THIS IS ACCOMPLISHED BY A "DOOR-HANGER" PROGRAM, AND SINCE THE INITIATION OF THIS PLAN THE PHYSICAL CUTOFF FOR EACH CYCLE HAS DROPPED FROM AN AVERAGE OF 100 TO AN AVERAGE OF 30 ACCOUNTS TO BE SHUT OFF. SINCE MOST RECONNECTS HAVE TO BE DONE AT NIGHT ON AN OVERTIME BASIS, IT IS ESTIMATED THAT AN OVERTIME SAVINGS OF $3240.00 PER YEAR IS BEING REALIZED. THE MONETARY SAVINGS ON REGULAR TIME IS DIFFICULT TO DETERMINE, BUT IT IS ALSO A SUBSTANTIAL AMOUNT. DENNIS IS A GREAT ASSET TO THE CITY, AND WE ARE PROUD TO HAVE HIM AS PART OF THE CITY TEAM. r ~ GlHFRFAS, C6~an,~e~s Hudg.c,vus has been ae~i,veey ~.nva2ved .c.n. the betteJrmen~ aU the C.cty a~ La Pante; and GlH~R~AS, Cha~c,ee~s Hudgins has g~.ven a~ h.i~s ~.i.me and e~(ant ~a po~s.c,#,i,ve2y aupparrt the neeent band .c~~5ue~5 pad~sed .in the C.cty; and U1H~R~AS, Chan.2e~s Hudg.iws had a.ewayb been w.c,?.Q,ing ~a da what- even he eau.2d fan the .cmpnavemer~t ab the qua.Zity as .P,i.{ye fan the ai~i.z erns a b La Ponte; and GIHFRFAS, Chatree~s Hudg.iws ccuc~c,%ed out a poa.itt,ve carnpa,ign to pnama~e the wee~ane a$ the City ~hrcaugh h.i~s pa~s.ctc:an as Genena,e Manag elc a ~ the Says have Sun; anal WHEREAS, the City Caunei,~ ob .the C.cty a~ La Pante w.i~she~s ~o expne~d .cts appheeia~,i.an ~a Chan.~e~s Hudg.in~ Marc his au~s~and.ing can~1ri.bu~,i.av~s an beha.2b a 5 the C.cty. NOW, TH~R~FUR~, I, NORMAN L. 1~(ALUN~, MAyUR a~ the C.cty a~ La Pante, an beha.2~ ab the en~vice C.cty Counei.~, w.v~h ~a ~hanft Chcur.~e~ and ~a expne~s~s aun appnee.ia~.ion ban a~2 h.i~s endeavatus, and ~a w.v~h h.%m every ducce~se .in the ~u~une. Pne~serited ~h-i~s the 14~h day a~ Ju.~y, ]9~6, w.ith aun a.c.neen.e .thanlzs . +~tunan L. one, ayan ~Ty Ty a~e~ Caunciepel~ an, D.is~ci.ct 1 o Lay Caunai.2perusan, D.v~~i,ct 2 ~d Ma~u~s zafz Caunciepejus an, D~.tn.%c~ 3 L.cTrc ay P~e~.{~~en - Caunc i.Cpe~csan a~ Lcvcge B ~a~n S~ an Caunci,2pe~an, D-us~tri.ct 5 A.P.,tan Pan tear. Caune%epelusan at Lange A Deo~.ts Gay Caunci.2pe}uson, D-is~ri.ct 4 L.cn a We~s~engnen Caunci.2peJrsan, D-is~,i.ct 6 ~ ~ PREFACE Ordinance No. 1503 authorizes the City to impose a gross receipts tax on every bingo game within the City of La Porte. Article 179d of Vernon's Annotated Civil Statutes, would enable the City to receive one percent (1X) tax revenues from the gross receipts on every bingo game. The Administration recommends Council approve Ordinance No. 1503. ~ ~ M E M O R A N D U M T0: Richard Hare, Asst. City Manager ene Cam bel~ Revenue Controller FROM: Charl p , SUBJ: Bingo Tax DATE: July 7, 1986 Article 179d of Texas V. A. C. S. allows for taxation of a two percent gross receipts tax on the conduct of bingo games within the City of La Porte. A one percent portion of this tax would be revenue collected by Harris County and the City of La Porte would receive the remaining one percent tax revenue. The City Council will be required to adopt an ordinance imposing the gross receipts tax for collection to begin. A certified copy and City map should then be forwarded to the Bingo Division of the State Comptrollers Office. I would recommend adoption of an ordinance imposing the gross receipts tax on the conduct of Bingo games in the City as it will create an additional revenue source. The collection of this revenue poses no significant administrative impacts. xc: Tom Keilman Olivia Moeller / ORDINANCE N0. 1503 AN ORDINANCE LEVYING A GROSS RECEIPTS TAX ON THE CONDUCT OF BINGO GAMES WITHIN THE CITY OF LA PORTE, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, that: Section 1. There is hereby levied and imposed a gross receipts tax on every bingo game conducted within the City of La Porte, located in the justice precincts of the City in Harris County, which County has voted to legalize bingo. The tax shall be two (2°6) percent of gross receipts on the conduct of bingo games, unless such amount shall be reduced by Section 3(d)(2) Bingo Enabling Act, in which case the tax shall be one (1~) percent of gross receipts on the conduct of all bingo games. Section 2. The provisions of Vernon's Annotated Civil Statutes Article 179d as now written or hereafter amended are incorporated herein by reference and made a part hereof. Section ~. The revenue controller of the City of La Porte shall have the duty of collecting and receiving the gross receipts tax. The proceeds of this tax shall be paid into the General Operating Fund of the City of La Porte. Section 4. The revenue collector is instructed to forward to the Comptroller of Public Accounts of the State of Texas a certified copy of this Ordinance. Section 5. 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 6. This Ordinance shall be in effect from and after its date of passage. PASSED AND APPROVED this the 14th day of July, 1986. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: City Secretary • Ordinance 1503, Page 2 APPROVED: City Attorney i t PREFACE Ordinance No. 1504 establishes the procedure for Notice to the City Council of property damage, personal injury and death. Adoption of a Notice of Claims Ordinance is required of all fund members of TML Self-Insurance Municipal Pool Members. The Administration recommends Council approve Ordinance No. 1504. • • ORDINANCE N0. 1504 AN ORDINANCE PROVIDING FOR NOTICE TO THE CITY COUNCIL OF PROPERTY DAMAGE, PERSONAL INJURY, DEATH; PROVIDING THE TIME AND LOCATION WHERE SUCH NOTICE IS TO BE GIVEN; PROVIDING THAT SUCH NOTICE MAY NOT BE WAIVED; AND PROVIDING THAT THE TIMELY FILING OF NOTICE OF ANY CLAIM AND REFUSAL OF SAME BY THE CITY COUNCIL IS A CONDITION PRECEDENT TO THE INSTITUTION OF ANY SUIT; PROVIDING FOR VERIFICATION OF THE NOTICE OF CLAIM; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF WHEREAS, the City Council is the ultimate repository of authority of the City; and WHEREAS, the City Council has the management and control of the finances, properties, and the contractual obligations and the policies of the City; and WHEREAS, in the course of providing the many services to its citizenry, claims in the nature of contract, tort, property damage, personal injury, wrongful death, and equitable relief may from time to time arise; and WHEREAS, it is in the best interest of the City, the citizenry, and the claimants that the City Council be expeditiously informed of the details of such claims; and WHEREAS, an expeditious opportunity for the City Council to review and consider the validity of said claims can allow for resolution without resort being made to the already overburdened judiciary; and WHEREAS, in order to realistically assess the merits of any claim presented to it, the City Council is in need of current, accurate factual documentation from those asserting such claims; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte shall never be liable for any claim for property damage or for personal injury, whether such personal injury results in death or not, unless the person damaged or injured, or someone in his behalf, or his personal representative in the event the injury results in death, or the person or persons who may have a cause of action under the law by reason of such death or injury, shall, within thirty (30) days from the date the damage or injury was received, give notice in writing to the Mayor and City Council of the following facts: ~ • ORDINANCE 1504, Page 2 A. The date and time when the injury occurred and the place where the injured person or property was at the time when the injury was received. B. The nature of the damage or injury sustained. C. The apparent extent of the damage or injury sustained. D. A specific and detailed statement of how and under what circumstances the damage or injury occurred. E. The amount for which each claimant will settle. F. The actual place of residence of each claimant by street, number, city and state on the date the claim is presented. G. In the case of personal injury or death, the names and addresses of all persons who, according to the knowledge or information of the claimant witnessed the happening of the injury or any part thereof and the names of the doctors, if any, to whose care the injured person is committed. H. In the case of property damage, the location of the damaged property at the time the claim was submitted along with the names and addresses of all persons who witnessed the happening of the damage or any part thereof. Section 2. No suit of any nature whatsoever shall be instituted or maintained against the City of La Porte unless the plaintiff applied to the City Council for redress, satisfaction, compensation, or relief, as the case may be, and that the same was by vote of the City Council refused. No action at law for damage shall be brought against the City for personal injury, death or damage to property prior to the expiration of sixty (60) days after the notice herein above described has been filed with the City Secretary. After the expiration of sixty (60) days aforementioned, the complainant may have two (2) years in which to bring action of law. ~ • ORDINANCE 1504, Page 3 Section ~. All notices required by this Ordinance shall be effectuated by serving them upon the City Secretary at the following location: 604 W. Fairmont Parkway, La Porte, Texas, and all such notices shall be effective only when actually received in the office of the person named above. Section 4. Neither the Mayor, a City Councilmember, nor any other officer or employee of the City shall have the authority to waive any of the provisions of this ordinance. Section 5. The written notice required under this ordinance shall be sworn to by the person claiming the damage or injuries or by someone authorized by him to do so on his behalf. Failure to swear to the notice as required herein shall not render the notice fatally defective, but failure to so verify the notice may be considered by the City Council as a factor relating to the truth of the allegations and to the weight to be given to the allegations contained therein. Section 6. If any provision of this ordinance or the application hereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without defeating the purpose or objective of the provisions, and to this end, the provisions of this ordinance are declared to be severable. 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 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 ORDINANCE 1504, Page ratifies, approves and confirms such written notice and the contents and posting thereof. Section 8. This Ordinance shall be effective from and after the date of its passage and approval. PASSED AND APPROVED this 14th day of July, 1986. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: City Secretary APPROVED: ~:~~,~~ ~ City Attorney • • ~- ~ PREFACE Resolution No. 86-19 authorizes the issuance of bonds by Brazos Harbor Industrial District to finance a project for Dow Chemical, La Porte. The Administration recommends Council approve Resolution No.86-19. • • r. 4 CERTIFICATE OF RESOLUTION THE STATE OF TEXAS § COUNTY OF HARRIS § I, the undersigned officer of the City of La Porte, Texas (the "City"), do hereby execute and deliver this Certificate for the benefit of alI persons interested in proceedings of the City Council (the "Governing Body") of the City and the validity thereof, and do certify as follows: 1. I am the duly chosen, qualified and acting officer of the City for the office shown below my signature; as such I am familiar with the facts herein certified; and I am duly authorized to execute and deliver this Certificate. 2. The Governing Body convened its meeting on the 14th day of July, 1986, and the roll was called of the duly constituted officers and members of the Governing Body and all of id pe ons were r except the following absentees: ~~ ~ ~ ~ , thus constituting a quorum. Whereupon among other 'b iness, a written resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE REQUESTING THE ISSUANCE OF BONDS BY THE BRAZOS HARBOR INDUSTRIAL DEVELOPMENT CORPORATION TO FINANCE A PROJECT FOR THE DOW CHEMICAL COMPANY AND APPROVING SAID ISSUANCE FOLLOWING A PUBLIC HEARING was introduced for the consideration of the Governing Body. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolu- tion, prevailed and carried by the vote of ~ Ayes, _~ Noes, and ~_ Abstentions. 3. A true and complete copy of the aforesaid Resolution adopted at the meeting is attached to and follows this Certificate. 4. Such Resolution has been duly and lawfully adopted by the Governing Body and has been duly recorded in the minutes of the Govern- ing Body for such meeting. • • 5. Written notice of the date, hour, place and subject of the meeting of the Governing Body was posted on a bulletin board located at a place convenient to the public in the City Hall of the City of La Porte, Texas, for at least 72 hours preceding the scheduled time of such meeting; such place of posting was readily accessible to the general public at all times from such time of posting until the sched- uled time of such meeting; and such meeting was open to the public as required by law at all times during which the Resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Article 6252-17, Texas Revised Civil Statues Annotated, as amended. SIGNED AND SEALED this 14th day of July, 1986. ,~,, ., ~` '~ City Secretary .,;'~ ~ ;~ ~; 1 '' ~ .. ~ ~~ '. ~SE~) ~ , I ~1 ~ ~ ;~ ~ ~., ~~~ -2- • RESOLUTION N0. 86-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE REQUESTING THE ISSUANCE OF BONDS BY THE BRAZOS HARBOR INDUSTRIAL DEVELOPMENT CORPORATION TO FINANCE A PROJECT FOR THE DOW CHEMICAL COMPANY AND APPROVING SAID ISSUANCE FOLLOWING A PUBLIC HEARING WHEREAS, the City Council (the "Governing Body") of the City of La Porte, Texas (the "City") is desirous of providing for financing for the construction of certain pollution control and solid waste control facilities located within the City of La Porte (the "La Porte Facil- ities") constituting a portion of a project to be constructed by The Dow Chemical Company (the "Project") which Project is described in Exhibit A hereto; and WHEREAS, pursuant to the provisions of the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes Annotated, as amended (the "Act") the City wishes to request the Brazos Harbor Indus- trial Development Corporation (the "Issuer") to exercise its powers under the Act to issue bonds to finance the La Porte Facilities; and WHEREAS, the Issuer is willing to provide for the the issuance and sale of its Variable Rate Demand Pollution Control Revenue Bonds, Series 1986 (The Dow Chemical Company Project) (the "Bonds"), in the maximum aggregate principal amount of $17,500,000 to finance the con- struction of the Project, including the portion of the Project located within the City (which portion of the Project will be financed by a portion of the Bonds in a maximum principal amount of $9,950,000), by adopting a resolution substantially in the form attached hereto as Exhibit "B" (the "Resolution"); and WHEREAS, the Act provides that the Governing Body must, by resolu- tion adopted no more than sixty (60) days prior to the date of delivery of the Bonds, specifically approve the resolution of the Issuer provid- ing for the issuance of the Bonds; and WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code"), requires that the Bonds be approved by the "appli- cable elected representative" ("AER") after a public hearing following reasonable publication; and ~ ~ WHEREAS, with respect to Bonds issued by the Issuer used for a project within the jurisdiction of the City such AER is the Governing Body of the City; and WHEREAS, notice of a public hearing with respect to the Project and the Bonds to be held by the Governing Body of the City on the date of this resolution was published no less than 14 days before this date; and WHEREAS, the Governing Body has held such public hearing on the date and at the time and place set out in such published notice, and has conducted such hearing in a manner that provides a reasonable opportu- nity for persons with differing views on the issuance of the Bonds and on the location and nature of the Project to be heard; WHEREAS, the private activity bond limit for the State of Texas has been allocated for 1986, in the manner authorized by Section 103(n) of the Code, as provided in House Bill 690, Acts of the 69th Legislature, Regular Session, 1985 ("H.B. 690"); and WHEREAS, H.B. 690 requires the Issuer to file a notification of its present intent to deliver an issue of such "private activity bonds" (the "Allocation Request") with the Texas Economic Development Commission, setting forth the maximum face amount of the Bonds, the purpose of the Bonds and the Section of the Code applicable to the Bonds in order to reserve a portion of the 1986 allocation of the state ceiling for the Bonds (the "Allocation"); and WHEREAS, the Allocation Request with respect to the Bonds will be filed on or about July 21, 1986 (the "Reservation Date"); and WHEREAS, the Allocation is made to the Brazos River Harbor Naviga- tion District (the "District") and the City, but the District and the City will assign the Allocation to the Issuer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT: 1. The Governing Body hereby finds, determines, recites and declares that a public hearing with respect to the Bonds and the Project was held on this date; that notice of such public hearing was published no less than 14 days before this date in a newspaper of general circu- lation within the City; that such notice included the date, time and place of the public hearing, the location and general nature of the Project and the expected aggregate principal amount of the Bonds; and that all comments from interested persons were taken at such public hearing. -2- • 2. The Governing Body hereby requests the Brazos Harbor Indus- trial Development Corporation to exercise its powers under the Act and to issue bonds to finance the construction of the La Porte Facilities. 3. The Governing Body hereby specifically approves the Bonds, as required by Section 103(k) of the Code and the Project, all as described in the Notice attached hereto as Exhibit C, and the Governing Body finds and determines that the Project is in furtherance of the public purposes of the Act. 4. The Resolution of the Issuer providing for the sale and issu- ance of the Bonds, substantially in the form attached hereto as Exhibit "B," is hereby approved. 5. There is hereby assigned and transferred to the Issuer the City's proportionate amount of the ceiling for private activity bonds in the amount of $9,950,000, which is allocated to the City for the Bonds pursuant to H.B. 690, it being the intention of the City that the amount of the ceiling transferred by the City to the Issuer together with the amount transferred by the District shall aggregate $17,500,000. PASSED AND APPROVED this 14th day of July, 1986. ,..,, ,: l '~ ~~. i/ ,~'''~"'''~~~`!~'i CITY OF LA PORTE .~ ~ , ~, ~; ~ ' i~ By / ( ~ ~, --- Norman Malone, Mayor ATTEST: By (`~~ ~ ~ City Secretary APPROVED: ~i'!~ By City Attorney -3- • • EXHIBIT A DESCRIPTION OF THE PROJECT LA PORTE FACILITIES I. BLOWDOWN SYSTEM • Project No. A-43 PURPOSE: To provide caustic scrubbing systems capable of absorbing phosgene and hydrochloric acid from various sources in the La Porte Site and destroy- ing them by chemical reaction. PROCESS DESCRIPTION: The project consists of five complete, independently operated, scrubber systems located at appropriate locations in the La Porte Site. Each system consists of two caustic solution feed tanks, two knockout drums, two absorption columns, two heat exchangers and ten (10) pumps. One dispersion stack will service all scrubbers. Phosgene and hydrochloric acid from pressure relief devices or from equipment clearing systems are transferred by pipeline through one or two knockout drums and then through an absorption column containing a circulating, dilute caustic solution. Here the phosgene and hydro- chloric acid are first absorbed and then reacted with sodium hydroxide and water to produce sodium chloride, sodium carbonate, carbon dioxide and water. Heat liberated by the absorption and reaction process is removed by a heat exchanger in the caustic solution stream circulating about each column. Fresh caustic solution is made up on demand to each column from 24,000 gallon storage tanks which are maintained at constant level by diluting a 502 solution. Vents from each scrubber system are passed by pipeline to an air injected dispersion tower and exposed to an ammonia/stream environment before release to the atmosphere. The spent caustic and ammonia solu- tions released from the scrubber systems or vent stack are collected by pipeline and passed through an existing wastewater treatment system before discharging to the La Porte Site outfall. A-1 • EQUIPMENT LIST: Caustic Solution Storage Tanks with Pumps Caustic Scrubbers with Pumps, Exchangers and Recycle Drums Blowers and Stack Instrumentation and Controller II. ELEPHANT TRUNK SYSTEM Project No. A-44 PURPOSE: To provide a vacuum header system throughout the La Porte Site process areas to collect and remove phosgene, hydrochloric acid, chlorine, carbon monoxide and isocyanate vapors which are released during equip- ment maintenance sampling or equipment failure. PROCESS DESCRIPTION: The project consists of over 200,. hose stations located in the area of potential vapor sources in the six plants, A, D, E, K, L and M, at the La Porte Site. The stations will be connected to a header pipe system. A vacuum will be pulled on the header system(s) by an air moving device(s) through a knockout drum. The air moving device(s) will discharge into a scrubber tower or scrubber stack where the pollutants will be absorbed and/or reacted out. FREEPORT FACILITIES I. P.0. VENTS/BOTTOMS TREATMENT - B-1300 Project No. A-45 PURPOSE: To collect vent streams from the Crude Propylene Oxide Plant containing 125,000 pounds per month of volatile organic compounds (VOC's) and dispose of them by incineration, using liquid chlorinated hydrocarbons (RCL's) as fuel. A-2 ~ ~ I • PROCESS DESCRIPTION: The vent stream will be fed directly to a "Throx" incinerator fueled by waste RCL's, where the VOC's and RCL's will be burned, forming HC1, H2O and CO The incinerator has an HCl scrubber on the combustion gases, where ~he HC1 will be absorbed and recovered as aqueous HC1, which will be returned to the crude propylene oxide plant for use in the process as bottoms treatment. The vent gases, containing small amounts of HC1, will go to a caustic scrubber where the remaining HC1 will be removed. The remaining vents will be released to the atmosphere. The spent caustic stream will go to an existing bio-oxidation unit where any dissolved organic chemicals will be removed before the aqueous stream is released to the Plant B outfall. EQUIPMENT LIST: Throx Unit: Incineration unit with heat recovery, instrumentation, condensate system, pumps HCL Scrubber: FRP tower, acid pumps, instrumentation Caustic Scrubber: FRP tower, pumps, instrumentation Blower and Stack: Blower, stack, instrumentation II. B-51 CLASS I LANDFILL Project No. W-162 PURPOSE: To collect and store approximately 30,000 cubic yards of solid and semi-solid wastes generated in Texas Operations from late 1986 through 1990. A-3 r ~ PROCESS DESCRIPTION: Two Texas Operations Class I landfills were completed in 1980 - the Oyster Creek 80-4 landfill and the Plant B B-51 landfill. The 80-4 landf ill had a capacity of 6,420 cubic yards and is now full. Negotia- tions with TWC for closure are in progress. The B-51 landfill had a capacity of 23,300 cubic years and will be full by January, 1987, due to routine deposit's plus cleanup of the Farley Street site estimated at 2,000-2,500 cubic yards. Cell ~P2 of the new B-51 landfill will have a capacity of about 30,000 cubic yards and is intended to serve all of Texas Operations (including La Porte) from 1987 through 1990. The three remaining cells will be permitted and constructed as required. The volume of materials to be landfilled should decrease significantly when the rotary kiln is operational in 1989, but there will always be ash and other incidentals to landfill. The B-51 landfill will be double-lined using 80 mil HDPE flexible membranes. It will be constructed in accordance with current EPA and TWC guidelines and will incorporate the latest available technology in landfill construction. EQUIPMENT LIST: Earthwork HDPE Liner Systems Leachate Collection III. MAGNESIUM SLAG DISPOSAL - A-400 Project No. W-163 PURPOSE: To collect 2,200,000 pounds per month of slag waste from two magnesium reduction plants and associated casting plants and alter the waste to make it less reactive. PROCESS DESCRIPTION: Slag ingots will be collected in dumpsters at the reduction and casting plants and transported to A-401 Building for processing. Slag ingots A-4 • • will be crushed in a series of four crushers to liberate magnesium metal particles from the slag matrix. The liberated magnesium particles will be separated from the slag matrix material by screening following each crushing stage. Storage hoppers are provided between the crushing stages, for slag dust residue and for magnesium granule product. Course magnesium chunks separated at all four crushing stages will be disposed of as magnesium scrap. Finer magnesium particles separated at the fourth crushing stage will be further refined in existing equipment to produce marketable magnesium granule products. This removal of magnesium metal from the slag will reduce the reactivity of the slag by seventy-five percent. Slag dust generated at the primary crushing stage will be collected by a venturi scrubber, producing an alkaline slurry which will be utilized in the magnesium process. Slag dust from all other processing equipment will be collected by three bag filter dust collectors. All process equipment, with the exception of the primary crusher and scrubber, will be located within a humidity-controlled building. The third and fourth crushing stages and the bag filter dust collector will generate 1,900,000 pounds per month of finely ground slag residue for disposal. EQUIPMENT LIST: Slag Collecting Molds Dumpsters Fork Truck Building and Atmosphere Control Crushing Equipment 4 - Crushers 6 - Screens 6 - Elevators S - Conveyors Instrumentation Dry Material Storage 5 - Hoppers A-5 • Dust Control Equipment 3 - Bag Filter Dust Collectors 1 - Venturi Scrubber 1 - Pump Ducts Piping Instrumentation • IV. WASTEWATER RCL STRIPPING SYSTEM - A-3200 BLOCK Project No. W-165 PURPOSE: Project provides for the collection of 37,500 pounds per hour of RCL saturated wastewater streams from the Chlor-Pyridine Plant, removal of the mixed RCL's by stripping and then disposal of them by incineration. PROCESS DESCRIPTION: With this project, designated RCL saturated wastewater streams will be initially collected in an NBT accumulation sump and then pumped to a 50M gallon holding tank. From this tank, the waste stream will first be fed to a packed column for stream stripping and then secondly to a packed column for air stripping. The overhead vent streams will be collected and fed to the plant "Throx" for burning. The resultant aqueous bottoms stream will be released to the Plant A 601 outfall. EQUIPMENT LIST: RCL Saturated Waste H2O Storage 1 - 20' x 20' Storage Tank-lined 2 - Pumps Foundations Instrumentation Electrical A-6 • Steam Stripper 1 - Derakane Column Packing Pumps Instrumentation Feed/BTMS Cross Exchanger Foundations Air Stripper 1 - Carbon Steel Column Packing Pumps Instrumentation Foundations Sump Improvements Pumps Piping Instrumentation Civil/Structural A-7 EXHIBIT B RESOLUTION OF BRAZOS HARBOR INDUSTRIAL DEVELOPMENT CORPORATION WITH RESPECT TO A PUBLIC HEARING AND AUTHORIZING ISSUANCE OF BONDS AND APPROVING DOCUMENTS WHEREAS, the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes Annotated, as amended (the "Act"), author- izes and empowers the Brazos Harbor Industrial Development Corporation (the "Issuer") to issue revenue bonds on behalf of Brazos River Harbor Navigation District of Brazoria County, Texas (the "District"), and on behalf of other districts, cities and counties who may request the Issuer to issue revenue bonds on their behalf, to finance the cost of projects comprising land, buildings, equipment, facilities and improve- ments, found by the Board of Directors of the Issuer (the "Board") to be required or suitable for the promotion of development and expansion of manufacturing and industrial facilities and in furtherance of the public purposes of the Act; and WHEREAS, on May 22, 1986, the Board adopted a Resolution Agreeing to Issue Bonds, whereby the Issuer agreed to provide for the financing of the cost of facilities constituting a portion of a project (the "Freeport Facilities") for the Company, which Freeport Facilities were initially described in Exhibit "A" to said Resolution Agreeing to Issue Bonds; and WHEREAS, on June 9, 1986, the City Council of the City of La Porte adopted a Resolution Agreeing to Issue Bonds, whereby the Issuer agreed to provide for the financing of the cost of facilities constituting a portion of a project (the "La Porte Facilities") for the Company, which La Porte Facilities were initially described in Exhibit "A" to said Resolution Agreeing to Issue Bonds; and WHEREAS, the La Porte Facilities (as defined herein) and the Freeport Facilities together constitute one project (the "Project"), which Project is more fully described in Exhibit A to the Loan Agreement between the Issuer and the Company referenced below, in accordance with the provisions of the Act; and WHEREAS, for purposes of financing the cost of the Project, the Issuer now desires (i) to authorize the issuance of its Variable Rate Demand Pollution Control Revenue Bonds, Series 1986 (The Dow Chemical Company Project) (the "Bonds"), in the maximum aggregate principal amount of $17,500,000, pursuant to the terms and provisions of a trust B-1 • • indenture, (ii) to provide for the sale of the Bonds to the underwriter described herein, pursuant to the terms of an underwriting agreement, (iii) to ratify and affirm the distribution of a preliminary official statement and to approve the distribution of an official statement; (iv) to provide for the payment of the principal of and premium, if any, and interest on the Bonds with revenues derived from the loan of pro- ceeds of the sale of the_ Bonds to the. Company to finance the costs of the Project pursuant to the terms and provisions of a loan agreement and (v) to take and authorize certain other actions in connection with the foregoing; and WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code"), requires that the Bonds and the Project be approved by the "applicable elected representative" (the "AER") of each of the District and the City after public hearing following reasonable public notice; and WHEREAS, with respect to the Bonds the AER is the Board of Naviga- tion and Canal Commissioners of the Brazos River Harbor Navigation District of Brazoria County, Texas and the City Council of the City of La Porte, Texas (each such governing body being referred to as the "Governing Body" of the District and the City respectively). WHEREAS, on July 14, 1986, the City of La Porte, Texas (the "City") adopted an Order requesting the Issuer to issue bonds on its behalf to finance the cost of facilities constituting a portion of a project (the "La Porte Facilities") for The Dow Chemical Company, a Delaware corpora- tion (the "Company"), which La Porte Facilities were initially described in Exhibit A to said Order; and WHEREAS, notice of a public hearing with respect to the Project and the Bonds to be held by the Issuer on the date of this resolution was published no less than 14 days before this date in a newspaper of general circulation available to residents within the District; and WHEREAS, the Board has held such public hearing on the date and at the time and place set out in such published notice, and has conducted such hearing in a manner that provided a reasonable opportunity for persons with differing views on the issuance of the Bonds and on the location and nature of the Project to be heard; and WHEREAS, the Governing Body of the City conducted a public hearing, following appropriate public notice in a newspaper of general circu- lation available to residents within the City, to provide the same opportunity to be heard for persons in the area of the City; and B-2 • • WHEREAS, the Governing Body of the District proposes to adopt a written resolution specifically approving this resolution of the Issuer providing for the issuance of the Bonds and specifically approving the Bonds and the Project as required by Section 103(k) of the Code; and WHEREAS, the Governing Body of the City has adopted a written resolution specifically approving this resolution of the Issuer provid- ing for the issuance of the Bonds and specifically approving the Bonds and the Project as required by Section 103(k) of the Code; and WHEREAS, Section 103(n) of the Code requires that certain "private activity bonds" (as defined in such Section) must come within the issuing authority's private activity bond limit for the applicable calendar year in order to be treated as a tax-exempt obligation; and WHEREAS, the private activity bond limit for the State of Texas has been allocated for 1986, in the manner authorized by Section 103(n), as provided in House Bill 690, Acts of the 69th Legislature, Regular Session, 1985 ("H.B. 690"); and WHEREAS, H.B. 690 requires the Issuer to file a notification of its present intent to deliver an issue of such "private activity bonds" (the "Allocation Request") with the Texas Economic Development Commission (the "Commission"), setting forth the maximum face amount of the Bonds, the purpose of the Bonds and the Section of the Code applicable to the Bonds in order to reserve a portion of the 1986 allocation of the state ceiling for the Bonds (the "Allocation"); and WHEREAS, the Allocation Request with respect to the Bonds will be filed on or about July 21, 1986 (the "Reservation Date"); and WHEREAS, the Allocation is made to the District and the City, but the District and the City have or will assign the Allocation to the Issuer; and WHEREAS, the Board has been presented with and has examined pro- posed forms of a trust indenture, a loan agreement and an underwriting agreement, and the Board finds that the form and substance of such documents are satisfactory and the recitals and findings contained therein are true, correct and complete and hereby adopts and incorpo- rates by reference such recitals and findings as if set forth in full in this resolution, and finds that it is in the best interest of the public and the Issuer and assists in carrying out the public purpose of the Issuer and of the Act to authorize the execution and delivery of such documents; and B-3 • WHEREAS, the Board understands that Goldman, Sachs & Co., as underwriter (the "Underwriter") has previously distributed a preliminary official statement and intends to distribute an official statement in connection with the offering and sale of the Bonds; and WHEREAS, in connection with the preparation of such preliminary official statement and such official statement, the Issuer has furnished the information to the Underwriter concerning itself under the caption "THE ISSUER" and the Board now desires to ratify the use of such infor- mation in such preliminary official statement and to authorize the use of such information in such official statement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRAZOS HARBOR INDUSTRIAL DEVELOPMENT CORPORATION THAT: 1. The Board hereby finds, determines, recites and declares that the Issuer held a public hearing with respect to the Bonds and the Project on this date; that notice of such public hearing was published no less than 14 days before this date in a newspaper of general circula- tion available to residents within the District; that such notice included the date, time and place of the public hearing, the location, general nature and the initial owner, operator or manager of the Project and the maximum aggregate principal amount of the Bonds; and that all comments from interested persons were taken at such public hearing. The Board hereby directs that information with respect to the public hearing be provided to the Governing Body of the District prior to their consid- eration of adoption of a resolution approving the Bonds and the Project. 2. The Board hereby directs that the Allocation Request with respect to the Bonds be filed with the Commission on or about July 21, 1986 and hereby finds and determines that the principal amount of the Bonds authorized by this resolution is equal to at least 90~ of the principal amount of the Bonds set forth in the Allocation Request. 3. The Issuer hereby authorizes and directs the issuance of the Bonds in the maximum aggregate principal amount of $17,500,000, in accordance with a trust indenture substantially in the form of the Trust Indenture, dated as of July 15, 1986 (the "Indenture"), by and between the Issuer and Michigan National Bank, as trustee (the "Trustee"), a copy of which was presented to the Board, the form, terms and provisions of such Indenture and the Bonds being hereby authorized and approved, and the President and any Vice President of the Issuer are hereby severally authorized and directed to execute and deliver such Indenture and the Bonds on behalf of the Issuer, and the Secretary of the Issuer is hereby authorized to attest and affix the Issuer's seal thereto, with such changes therein as the officers executing the same may approve, such approval to be conclusively evidenced by such execution thereof. B-4 4. The loan of the proceeds of the sale of the Bonds by the Issuer to the Company in order to provide financing of the costs of acquiring and constructing the Project shall be effected pursuant to the terms and provisions of a loan agreement substantially in the form of the Loan Agreement, dated as of July 15, 1986 (the "Loan Agreement"), by and between the Issuer and the Company, a copy of which was presented to the Board, the form, terms and provisions of such Loan Agreement being hereby authorized and approved, and the President and any Vice President of the Issuer are hereby severally authorized and directed to execute and deliver such Loan Agreement on behalf of the Issuer, and the Secre- tary of the Issuer is hereby authorized to attest and affix the Issuer's seal thereto, with such changes therein as the officers executing the same may approve, such approval to be conclusively evidenced by such execution thereof. 5. The sale and delivery of the Bonds by the Issuer to the Underwriter, at a price equal to 7 of the aggregate principal amount thereof is hereby authorized and approved. Said sale and deliv- ery shall be effected in accordance with the terms and provisions of the Underwriting Agreement among the Underwriter, the Issuer and the Com- pany, which was presented to the Board, the form, terms and provisions of the Underwriting Agreement being hereby authorized and approved, and the President and the Vice President of the Issuer are hereby severally authorized and directed to execute and deliver such Underwriting Agree- ment on behalf of the Issuer, and the Secretary of the Issuer is hereby authorized to attest and affix the Issuer's seal thereto, with such changes therein as the officers executing the same may approve, such approval to be conclusively evidenced by such execution thereof. 6. The Board hereby ratifies the use of the information described under the caption "THE ISSUER" in the preliminary official statement, dated July _, 1986 (the "Preliminary Official Statement"), which was presented to the Board, and authorizes the use of such information in the official statement, dated July 30, 1986 (the "Official Statement"), which was presented to the Board, to be distributed by the Underwriter; provided that, in adopting this resolution, the Issuer hereby disclaims any responsibility for the Preliminary Official Statement and the Official Statement except for the information described as having been provided by it in the last recital of this resolution and expressly disclaims any responsibility for any other information included as part of the Preliminary Official Statement or the Official Statement. 7. The actions and obligations authorized in Paragraphs 3 through 6 of this resolution shall be subject to and conditioned upon the receipt by the Issuer, at the date of delivery and payment for the Bonds (the "Issue Date"), of (i) a certificate from a representative of the Commission, acting on behalf of the Commission, evidencing final B-5 ~ ~ approval of the Loan Agreement and evidencing the filing of a certified copy of this resolution and certain other documents within 15 calendar days after the Reservation Date, in accordance with Section (6) of H.B. 690; (ii).the purchase price for the Bonds; (iii) evidence, satis- factory to Bond Counsel, of AER approval of each of the City (following a public hearing held by the City in accordance with Section 103(k) of the Code) and the District of the-Project and the Bonds and assignment of the Allocation by the District and the City to the Issuer; and (iv) such opinions, evidences, certificates, instruments or other documents as shall be requested by the Issuer's Counsel or by Bond Counsel, to evidence due performance or satisfaction by the Company at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by it. 8. The officers, employees and agents of the Issuer, and each of them, shall be and each is expressly authorized, empowered and directed from time to time and at any time to do and perform all acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the Issuer all certificates, financing statements, instruments and other papers, whether or not herein men- tioned, as they may determine to be necessary or desirable in order to carry out the terms and provisions of this resolution and of the Bonds to be issued hereunder, as well as the terms and provisions of the Indenture, the Loan Agreement and the Underwriting Agreement hereby authorized and approved, such determination to be conclusively evidenced by the performance of such acts and things and the execution of any such certificate, financing statement, instrument or other paper. 9. The officers of the Issuer (with the assistance of the Com- pany) shall prepare a final transcript of the proceedings relating to the authorization, issuance, sale and delivery of the Bonds, which tran- script shall be submitted to the Commission within 60 days after the Issue Date. 10. The Issuer directs that a certified copy of this resolution, together with copies of the Trust Indenture and the Loan Agreement which set forth the exact principal amount, interest rate (or formula designed to set the interest rate), maturity schedule and purchaser(s) of the Bonds, be filed with the Commission no more than 15 calendar days after the date of the Reservation Date. The Issuer further directs that the Bonds be issued and delivered no more than 45 calendar days after such filing, except as otherwise permitted by Section (7) of H.B. 690. The Issuer shall, within 5 calendar days after the date of delivery of the Bonds, file with the Commission a written notification setting forth the delivery date of the Bonds and the actual aggregate principal amount of the Bonds so delivered. B-6 11. The Board hereby directs that an officer of the Issuer submit to the Secretary of the Treasury, not later than the 15th day of~the second calendar month after the close of the calendar quarter in which the Bonds are issued, a statement containing the information required by. Section 103(1) of the Code. 12. Based upon representations made by the Company to the Board, the Board hereby affirmatively finds that: (a) the Project will have the effect of creating and stabilizing employment within the District and the City; (b) the Project is required or suitable for the promo- tion of development and expansion of manufacturing and indus- trial facilities and is in furtherance of the public purposes of the Act; and (c) the Project will contribute to the economic growth or stability of the District and the City by: (i) increasing or stabilizing employment oppor- tunity; (ii) significantly increasing or stabilizing the property tax base; and (iii) promoting commerce within the District, the City and the State of Texas. 13. The Board hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Article 6252-17, Texas Revised Civil Statutes Annotated, as amended, and the Act. 14. This resolution shall take effect and be in full force and effect upon and after its passage. PASSED AND APPROVED this 17th day of July, 1986. B-7 • EXHIBIT C NOTICE OF PUBLIC HEARING TO BE HELD BY THE CITY OF LA PORTE BRAZOS HARBOR INDUSTRIAL DEVELOPMENT CORPORATION POLLUTION CONTROL REVENUE BONDS SERIES 1986 (THE DOW CHEMICAL COMPANY PROJECT) Notice is hereby given of a public hearing to be held by the City of La Porte on Monday, July 14, 1986, at 6:00 p.m., in the city council chambers, city hall, 604 West Fairmont Parkway, La Porte, Texas, with respect to an issue of pollution control revenue bonds (the "Bonds") to be issued by the Brazos Harbor Industrial Development Corporation and the proceeds of which will be loaned to The Dow Chemical Company to provide financing for the acquisition, construction and equipping of pollution control facilities and solid waste disposal facilities (the "Project") for two of The Dow Chemical Company's chemical plants. The Project is to be located on The Dow Chemical Company plant site on Battleground Road near the intersection of Battleground Road and State Highway 225 in the City of La Porte, Harris County, Texas, and on The Dow Chemical Company plant site on State Highway 288 in Brazoria County, Texas, in the vicinity of Freeport, Texas. The initial and exclusive owner, operator or manager of the Project will be The Dow Chemical Company. The Bonds will be issued in a face amount not to exceed $17,500,000, of which approximately $8,750,000 will be expended with respect to the plant in Brazoria County and approximately $8,750,000 will be expended with respect to the plant in the City of La Porte. All interested persons are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to the offices of the city attorney of the City of La Porte, Post Office Box 1218, La Porte, Texas, 77571, (713) 471-1886. Persons who intend to appear at the hearing and express their views are invited to contact the office of the city attorney either in writing or by telephone in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing prior to the date scheduled for the hearing. The City of La Porte will reschedule the location and time of the hearing or schedule an C-1 L~ additional hearing if requested to do so in written requests submitted prior to the aforementioned date of the hearing by a significant nl~mber of interested persons. This notice is published and the above-described hearing is to be held in satisfaction of the requirements of Section 103(k) of the Internal Revenue Code of 1954, as amended, regarding the public approval prerequisite to' the exemption from federal income taxation of the interest on the Bonds. C-2 • r PREFACE Resolution No. 86-20 authorizes the City Attorney to acquire said property by negotiation with the owners thereof or by proceedings in eminent domain for the park purposes. The Administration recommends Council approve Resolution No. 86-20. RESOLUTION NO. 86- %~d A RESOLUTION FINDING THE PUBLIC NECESSITY FOR THE ACQUISITION OF CERTAIN PROPERTY FOR PARK PURPOSES; AUTHORIZING THE CITY ATTORNEY OF THE CITY OF LA PORTE TO ACQUIRE SAID PROPERTY BY NEGOTIATION WITH THE OWNERS THEREOF, OR BY PROCEEDINGS IN EMINENT DOMAIN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: WHEREAS, the City Council of the City of La Porte has found and determined that public necessity requires the location, construction, operation and maintenance of public park facilities on the hereinafter described real propety, in the City of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has found and determined that the fee simple title in and to the hereinafter described real property is suitable and needed for such purpose, and that it is necessary to acquire same for the construction of such public park facilities as aforesaid; and WHEREAS, the City Council of the City of La Porte deems it advisable to authorize, and does hereby authorize, KNOX W. ASKINS, its City Attorney, to represent it in the acquisition of the hereinafter described property: Section 1. That the said KNOX W. ASKINS, as City Attorney for the City of La Porte, be and is hereby authorized to negoti- ate with the owners of the hereinafter described land, concerning the acquisition by the City of La Porte of the fee simple title thereto, at the fair market value for same, and, should said legal council, as the duly authorized representative of the City of La Porte, be unable to agree with such owners as to the fair market value of such fee simple title, then, and in that event, said City Attorney for the City of La Porte be, and he is hereby, authorized and directed to file against all owners and lienholders, proceedings in eminent domain to acquire the fee simple title to the hereinafter described real property, for public park purposes, to wit: ~~-~~o -2- TRACT #1 The South 150' of Outlot 401, La Porte Outlots, La Porte, Harris County, Texas TRACT #2 Outlots 402 and 403, La Porte Outlots, La Porte, Harris County, Texas TRACT #3 Outlot 404, La Porte Outlots, La Porte, Harris County, Texas TRACT #4 That Portion of Outlot 417, La Porte Outlots, lying and being situated northwest of the Harris County Flood Control Easement, La Porte, Harris County, Texas 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. PASSED AND APPROVED this the 14th day of July, 1986. CITY OF LA PORTE BY Norman Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: "~ Knox W. Askins, City Attorney • ~"'- __?C PREFACE Resolution No. 86-21 would authorize Alsay, Inc. to perform emergency repairs not to exceed $35,000 to Water Well ~~1 in Fairmont Park. Water Well ~~1 in May of this year developed a severe vibration problem. Prior to this, the well had experienced a drop in water production and an increase in sand production. A television survey has revealed the upper portions of the well have no apparent problems and the screens to a depth of 944 feet are clear. From the 944 ft. level to the bottom, there are strong indications of sand bridges. In summary, the severe vibrations were caused by deterioration of the pump bowls and impellers, due to severe sand production. Alsay, Inc. has submitted~a proposal to repair the well which will include: o abandoning and plugging the lower portion of the well; o acidizing and agitating the upper portion of the well to clear any growth or blockage in the gravel pack; o installing a test pump to determine production level capacity, size of pump necessary, and the depth of pumping level to maximize production; o reviewing the test pump results to evaluate the pumping capacity to determine if the needed repairs are cost effective for the continued use of the well; and o if the production is sufficient, install existing column pipe, new oil line assembly, new 12~' pump and new motor, if reduced production indicates existing motor too large. The Administration recommends Council approve Resolution No. 86-21. ~ ~ ~~ a PREFACE The City Council is requested to Fairmont Parkway Relief Sanitary price reduction of $138,916.00. approve Change Order ~~1 for the Sewer Project for a net contract The changes consist of using Hobas Pipe, modified at the factory, to replace 14 large diameter concrete manholes, deleting backfill requirements and paving repair to S. 4th Street, changing some siphon and tunnel requirements, and rerouting a portion of the line. The Administration recommends Council approve Change Order ~~1 fo the Fairmont Parkway Relief Sanitary Sewer Project. CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jack Owen, City Manager DATE: July 7, 1986 FROM: Ste illett, Acting Public Works Director SUBJECT: EMERG NCY REPAIRS - WATER WELL #1 In riay of this year, Water Well #l, located in Fairmont Park, developed a severe vibration problem. Prior to this, the well has experienced a drop in water production and increase in sand production. Production of this well is rated at 1,500 gpm. The motor was checked for problems, but none were found. Two (2) water well service companies were contacted to submit proposals to pull the pump for inspection and to perform a television survey of the well. The lowest proposal was submitted by Alsay, Inc., in the amount of $1,839, and was authorized to proceed. When the pump was pulled, it was found that the bowls and impellers of the pump were badly worn from pumping sand. This indicates a serious problem in the well screens and/or gravel pack. The television survey indicated that the upper portion of the well had no apparent problems, and the screens to a depth of 944 feet were clear. At the 944 foot level, the casing size reduced from 12 inch to 4~ inch. This well experienced severe sand production in 1980, caused by a ground shift, parting the casing in the lower portion of the well. Due to the high cost of repair, a 4~ inch screen was inserted to correct the problem from the 944 foot level to the bottom of the well, 1,105 feet. From the 944 foot level to the bottom, there are strong indications of sand bridges in the gravel pack surrounding the 4~ inch screen. Large clouds of sand could be seen with any movement of the camera. No indication of sand was found in the upper portions of the well. • July 7, 1986 Page Two Emergency Repair - Water Well #1 In summary, the severe vibrations were caused by deterioration of the pump bowls and impellers, due to severe sand production. The sand production appears to be produced in the lower part of the well, where previous separation in the well casing produced a similar problem. The insertion of a smaller well screen to correct the problem has failed. Alsay, Inc. has submitted a proposal to repair the well. The following recommendations are submitted: 1. Abandon and plug that portion of the well from the bottom up to the 944 foot level. Complete rehabilitation of tr~is portion of the well is cost prohibitive, and, because of the sand clouds observed, is the major producer of sand. P.lsay, Inc. feels that an adequate supply of water can be produced from the upper portion of the well. 2. Acidize and agitate the remaining portion of the well to clear any growth or blockage in the gravel pack. This will maximize production of water. 3. Install a test pump to determine production level capacit~~, size of pump and motor necessary, and the depth of pumping level to maximize production. 4. Using test pumping results, evaluate the pumping capacity to determine if the needed repairs are cost efficient for the continued use of the well. 5. If production is sufficient, install existing column pipe (replace two deteriorated sections), new oil line assembly (existing shafts, bearings, and tubing need replacement), new 12" pump, and new motor, if reduced production indicates existing motor too large. If the test pumping indicates production is sufficient to justify continued use of the well, and no unknown problems are found, the total cost to repair Water Well #1 will not exceed $35,000, as itemized on the attached proposal from Alsay, Inc. However, any change in motor size or pumping depth should lower the cost of repair. • July 7, 1986 Page Three Emergency Repair - Water Well #1 The repairs on this well should be accomplished as soon as possible. A problem has developed in the right-angle drive of Water Well #2, also located in Fairmont Park, and should be repaired as soon as Water well #1 is in service. These two (2) wells produce the majority of water for the western part of the City, and although the three (3) wells in the eastern portion of the City could supply this area on a snort-term basis, the summer peak demand for water will severely tax the ability of the City to furnish water. Because of the unknown nature of repairs necessary, and the reduction of water available due to the problems with this well, I recommend that the City Council declare an emergency, and authorize Alsay, Inc. to plug the lower portion of Water Well #l, install a test pump and evaluate the well, and, if feasable, effect repairs at a cost not to exceed $35,000. The necessary funds are available in the Water and Wastewater Contingency Fund. SG/lw A L S A Y REPLY TO: 6815 CiANT STREET I N C O R P O R A T E' D Hous7oN, TEXAS 77086 PHONE: (713) 444-6960 GROUNDWATER EXPLORATION 8~ DEVELOPMENT TELEX: 792838 CABLE: APCODRILL HOU July 3, 1986 City of LaPorte P.O. Box 1115 La Porte, Texas 77571 Attention: Mr. Buddy Jacobs Reference: Water Well #1 Dear Buddy, In accordance with our meeting, I am forwarding a cost proposal to complete the work on the above referenced well. The work would include plugging the bottom screens, test pumping the well, preparing recommendations based on test results, and installing the permanent pump. Listed below I have itemized the steps which the work would include as well as the cost associated with each step. I. PLUG 4 1/2" SCREEN Labor and material to plug 4 1/2" screen from 1081 feet up to 895 feet ..........................$1970.00 II. INSTALL TEST PUMP Utilize existing column assembly - Alsay to furnish pump bowl. (Rated at 1000 GPM) Rig and Labor to install and remove pump and technician to run 4 hour test ......................$4920.00 III. PREPARE RECOMMENDATION BASED ON TEST Depending on the results of the test, the City of La Porte should expect the following pump components: 1 - 12" American Pump Bowl (1000 GPM @400'TDH)..$4055.00 420'- 1 1/2" x 2 1/2" Oil Line Assembly ..........$5881.00 2 - 10" x 20' Column Pipe T & C ..................$768.00 r~ U City of La Porte/ Water Well ~1 July 3, 1986 Page 2 • It should be noted that the Horsepower can only be deter- mined after the testing has been performed. However, for budgetary purposes, a 125 HP motor is quoted as it is the maximum horsepower which will be required. 1 - 125 HP motor with non-reverse ratchet.........$4912.00 Rig and Labor to install above components.........$1950.00 (Also includes miscellaneous materials - oil, tape, chlorine, airline, etc.) Technician to perform test .........................$235.00 Alsay Incorporated appreciates the opportunity to work with the City of La Porte concerning the improvements to their water well. If additional information is needed, please call. S' cerely, ~z ~ ti~~ Dale Bristow ALSAY, INCORPORATED DB/JJ r~ LJ ALSAY I N C O R P O R A T E~D GROUNDWATER EXPLORATION 8~ DEVELOPMENT July 5, 1986 City of LaPorte P.O. Box 1115 LaPorte, Texas 77521 ATTENTION: Mr. Buddy Jacobs REFERENCE: Water VJell No. 1 Addendum to letter dated July 3,1986 REPLY TO: 8815 GANT STREET HOUSTON, TEXAS 77088 PHONE: (713) 444-8980 TELEX: 792838 CABLE: APCODRILL HOU Dear Buddy, Upon further discussion of our proposal for the repairs of Well No. 1, a decision was agreed that it would be to the advantage of the City to acidize the well prior to test pumping. This is primarily due to the previous problems encountered with the restrictive openings within the screen section. This "plugging effect" created a problem of significantly Acidizing the well will upgrade the reducing~~the pumping capacity. allons/f t. drawdown). performance by improving the specific capacity (g This work wi11 be extremely beneficial as the bottom screens will no longer be utilized. Listed below are the steps which the acidizing process will entail: - Haul drill pipe to location - install drill pipe in well - Inject 2000 gallons of acid in screen sections - Agitate acid in well for two days (acid will be removed by test pumping with temporary pump) - Remove drill pipe and haul off location TOTAL COST FOR ACiDIZING WELL ...................$8050.00 Including the additional cost of acidizing, the maximum cost which the City of LaPorte can expect for this well rehabilitation and the-pump repairs will be $32,741.00. Alsay Incorporated appreciates having the opportunity of working with the City of LaPorte on their idepdrovleasescall~,later Well No. 1. If additional information ~s nee p Si ce ely/f /~ Dale Bristow ALSAY INCORPORATED i • RESOLUTION NO. 86- 02~ A RESOLUTION MAKING FINDINGS OF FACT, AND DECLARING AN EMERGENCY, IN CONNECTION WITH REPAIRS TO CITY OF LA PORTE WATER WELL NO. 1, IN FAIRMONT PARK SUBDIVISION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte finds there is an emergency, and an urgent public necessity, for repairs to the City of La Porte Waterwell No. 1, in Fairmont Park Subdivision, for the reason that the production of such well has dropped from 1,500 gallons per minute to 200 gallons per minutes, with considerable sand production, and severe vibration to the pump and related facilities, which is causing damage to the well and to the pump equipment. The City Council further finds that due to the urgent public necessity that such water well be repaired and placed back in service at the earliest possible date, that there is not sufficient time to advertise for formal bids; that the number of contractors qualified to perform repairs to this water well is limited, and that direct contact can be made with such qualified bidders, to receive quotations; and that the public interest requires that formal bid procedures be waived, to place City of La Porte Water Well No. 1 back in service at the earliest possible date. Section 2. Accordingly, the City Council of the City of La Porte declares an emergency, waives formal bid procedures, directs that emergency bid quotations be taken, and appropriates a sum not to exceed $35,000.00, upon authorization of the City Manager, from the Water Contingency Fund, to the Water Fund, to be expended for emergency repairs to City of La Porte Water Well No. 1 in Fairmont Park Subdivision. RESOLUTION NO. 86-~ Page 2 C~ 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 Statu- tes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED, this the 14th day of July, 1986. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: City Secretary APPROVED: ~N • , City Attorney PREFACE • The City Council is requested to approve Change Order 4~1 for the Fairmont Parkway Relief Sanitary Sewer Project for a net contract price reduction of $138,916.00. The changes consist of using Hobas Pipe, modified at the factory, to replace 14 large diameter concrete manholes, deleting backfill requirements and paving repair to S. 4th Street, changing some siphon and tunnel requirements, and rerouting a portion of the line. The Administration recommends Council approve Change Order ~~1 fo the Fairmont Parkway Relief Sanitary Sewer Project. • CITY OF LA PORTE INTER-OFFICE MEMORANDUM • TO: Jack O en, City Manager DATE: July 7, 1986 FROM: S e illett, Acting Public Works Director SUBJECT: CHAN E ORDER #1 FAI ONT PARKWAY RELIEF SANITARY SEWER CI PROJECT NO: 84-7151 TC&B PROJECT NO: 13-02000-034 Attached please find Change Order #1, for the above referenced project. The changes consist of using Hobas Pipe, modified at the factory, to replace 14 large diameter concrete manholes, deleting backfill requirements and paving repair to S. 4th Street, changing some siphon and tunnel requirements, and rerouting a portion of the line. The net change in the contract price will be a reduction of $13.8,9'6 changing the original contract price from $2,278,581.40 to $2,139,665.40. It should be noted here that additional pipe will need to be purchased and modified to replace deleted concrete manholes, for a total additional price of $40,200.60 changing the original pipe cost from $2,351,085.80 to $2,391,286.40. This results in a net reduction for the entire project of $98,715.40. I recommend that the City approve Change Order #1 as submitted. SG/lw • • Turner Collie~~Br~den Inc O . HOUS TON~TEXAS 77219 5757 WOODWAY 713 780.4100 TELEX 774185 TCB HOU June 16, 1986 McKey Construction & Equipment, Inc. 111 North 16th Street P.O. Box 9 La Porte, Texas 77571 Re: Fairmont Parkway Relief Sanitary Sewer City of La Porte, Texas Harris County, Texas Turner Collie & Braden Project No. 13-02000-034 Contract No. 2 Change Order No. 1 Gentlemen: Under the terms of the subject contract, the following modifi- cations are submitted in accordance with instruction from the City of La Porte. Change in Description Item 1. In 4th Street, delete the two-course surface pavement repair and delete the cement-stablized sand backfill from 2 feet above top of pipe. Backf ill trench with select trench excavation compacted in 4-inch lift to 95 percent of maximum density in accordance with ASTM D698-70. Add line Item 2B. Description: Change Backf ill Requirements for 66-inch Sanitary Sewer in Accordance with Change Order No. 1. Unit: Lump Sum Quantity: 1 Price: - $14,700.00 Change in Contract Price - $14,700.00 CONSULTING ENGINEERS • TEXASAUSTIN/DALLAS/HOUSTON/PORT ARTHUR COLORADO DENVER • • TurnerCollie~Br~den Inc. June 16, 1986 McKey Construction & Equipment, Inc. Page Two Change in Change in Description Contract Price Item .. 2. Revise 96-inch diameter manholes Nos. 5, 16, 18, 19, 21, ~22, 23, 26, 27, 28, 29, 30, 31, and 35 from precast reinforced concrete to reinforced plastic mortar with 48-inch diameter risers. Owner will furnish 48-inch diameter riser pipe and 10-foot length of sewer of appropriate diameter with preformed hole and lip to accept riser connection. Also delete manhole Nos. 4 and 34 and add No. 17a. a. Change the quantity of Item 33 from 30 to 15, resulting in the following deduct to the Contract Price. 15 x $11,000 = - $165,000.00 b. Add line Item 33a. Description: Reinforced Plastic Mortar Manhole with 48-inch Riser, All Depths, Complete in Place. Unit: Each Quantity: 14 Price: $3,356.00 + $46,984.00 3. Change line Item 34 to read as follows: Description: Extra Depth on 96-inch Precast Concrete Manhole in Excess of 8 feet, Complete in Place. Unit: Linear Foot Quantity: 96 Price: $100 + $800.00 4. Delete line Item 35. - $3,400.00 • TurnerCollie c~Braden Inc. June 16, 1986 McKey Construction & Equipment, Inc. Page Three Change in Description Item 5. Revise 60-inch diameter manholes Nos. 45, 46, 47, and 48 from precast reinforced concrete to fiberglass constructed in accordance with attached Specification Item No. J3019 and attached Special Provision No. 1 to Item No. J3019. a. Change the quantity of Item 30 from 11 to 9i., resulting in the following deduct to the Contract Price. 2 x $5,000.00 = b. Add line Item 30a. Description: 48-inch Fiberglass Manhole, Standard Depth Greater than 4 feet but not Exceeding 12 feet, Complete in Place. Unit: Each Quantity: 4 Price: $2,500.00 6. Change line Item No. 31 to read as follows: Description: Extra Depth on 60-inch Precast Concrete Manhole in Excess of 8 feet, Complete in Place. Unit: Linear Foot Quantity: 24 Price: $100.00 Change in Contract Price - $10,000.00 + $10,000.00 + $600.00 7. Delete line Item 32. - $600.00 ~ ~ TurnerCollie~Braden Inc. June 16, 1986 McKey Construction & Equipment, Inc. Page Four Change in Description Item 8. Revise line Item 38 as follows. Description: Siphon "B" with Three Pipes, 30-inch, 12-inch, and 18-inch diameters (Pipe supplied by Owner), Including Tunnel Construction of Separate Tunnels for Each Pipe (Contractor to Provide Tunnel Liner), Inlet and Outlet Chambers, Complete in Place. Unit: Each Quantity: 1 Price: $100,800.00 9. Add line Item 26A. Description: Construct 200 feet of 20-inch Diameter Tunnel Liner in Open-Cut Trench Beginning at Approximately Sta. 257+22.00 and Grout 12-inch Force Main, Complete in Place. Unit: Lump Sum Quantity: 1 Price: $6,600.00 10. Revise the route of 60-inch diameter sewer between 16th Street and M.H. 17 as shown on revised drawings No. 2, 6, 7, and 8. Change in Contract Price - $10,200.00 + $6,600.00 $0.00 All preceding work will be done in accordance with the Contract Documents, Technical Specifications, Construction Plan, and revised sheets, Nos. 2, 3, 4, 6, 7, 8, 16, 17, and 24 (attached) and Item No. J3019 and Special Provision No. 1 to Item No. J3019 (attached). 0 ~'} TurnerCollie~Braden Inc. June 16, 1986 McKey Construction & Equipment, Inc. Page Five Summary Change Order No. 1 Total Value of Additions Total Value of Deletions Net Change in Contract '~._ ~J $ 64,984.00 ($203,900.00) ($138,916.00) Approval of Change Order No. 1 will result in a decrease of $138,916.00 resulting in a revised Contract amount of $2,139,665.40 as summarized below: Original Contract Price $2,278,581.40 Change Order No. 1 ($ 138,916.00) Revised Contract Price $2,139,665.40 There will be no change in contract time or any other part of the Contract Documents, Technical Specifications and Construc- tion Plans as a result of this Change Order, and all work is subject to all Contract stipulations and covenants. Recommend for Approval: U~ r.( .~1SE1., H. Cecil Allen, P.E. Project Director ACCEPTED: McKEY CONSTRUCTION By: Titl Date APPROVED: CITY OF LA PORTE By Title. Date • PREFACE • The City Council is asked to approve a Letter of Authorization for Turner, Collie & Braden to provide inspectional services for the La Porte Wastewater Treatment Plant Expansion and Fairmont Parkway Relief Trunk Sewer. The Administration recommends Council approve the Letter of Authorization. +~ July 10, 1986 Mr. Cecil Allen, Project Director Turner, Collie & P.O. Box 13089 Houston, TX 77219 • CITY OF I.• POR°I'E PHONE ( 7 1 3) 471 -5020 o P. O. BOx 1 1 1 5 - ~' ~ _ ~ , P.E. Braden, Inc. Lw PORTE, TExws 77571 RE: La Porte Sanitary Sewer System Improvements/Construction Phase Special Services - Project Representative(s) CIP ~ 84-7151-01 Main Wastewater Treatment CIP 4r` 84-7151-02 Fairmont Parkway Relief Trunk Sewer TC&B Project No: 13-02000-034 Gentlemen: The City of La Porte has reviewed your proposal to provide project representative(s) under the terms of Section III of the Agreement for Engineering Services, dated June 20, 1984, for the above referenced projects. The City Council has approved the proposed services, subject to the following conditions. Section VI, paragraph E, item 4 shall be amended to read as follows: Project representative travel cost shall be calculated on the basis of "effective mileage" which is defined as the round trip distance traveled from the employees residence plus mileage at the job site, less the round trip distance from the employees residence to the home offices of T C & B. Additionally, specific authorization is required from the City of La Porte Project Coordinator's office for the assignment of proposed inspectional personnel. The Project Coordinator's office will contact T C & B when project representative(s) are needed. The maximum expense for these services shall not exceed $240,000.00 without written authorization. Turner, Collie & Braden shall be required to submit monthly progress reports and a fee summary report when the total project representative services reaches approximately 60~ of the above authorized funding level. The report shall detail the expenditure of funds to date, the amount of the initial authorization remaining, and an estimated project funding level needed to complete the project. • • TC&B, ~~84-7151-01/~~84-7151-02, PAGE 2 Primary duties of the project representative(s) shall include, but not be limited to, the following: Observes and reports to owner and engineer. Monitors construction to see that project is completed in accordance to plans and specifications. Reviews contractor's schedule and monitors progress. Reports on project. Assists visitors to project. Prepare and submit daily reports on contractor's progress. Review monthly estimates for accuracy. Coordinate activities of contractor to avoid potential problems. Maintain detailed project records for use in settling disputes and claims. Relay owner's and engineer's instructions to contractor. Monitor testing laboratory. Assist in final inspection, project completion, and plant start-up. Attend all project meetings. Observe and report to owner and engineer to ensure that construction is completed in accordance with plans and specifications. Attached is a revised Attachment "A'~ containing a breakdown of the estimated budget with revised mileage estimates. If the terms and conditions of this authorization ar please execute in the space provided below on both return one (1) copy for our records. Sincerely, John Joerns Interim CIP Coordinator JJ/gf e satisfactory, originals, and Accepted Date • La Porte Sanitary Sewer Improvements Estimated Cost for Project Representative(s) • ATTACHMENT "A" (revised 7/10/86) A. Wastewater Treatment Plant 1) Project Representative Cost 17 months = (2946 hrs) ($26.70/hr) (2.0) _ $157,316 2) Mileage = 19,660 miles @ $0.35 = 6 880 Subtotal 164,196 B. Fairmont Trunk Sewer 1) Project Representative Cost 12 months = (2080 hrs) ($15.85/hr) (2.0) _ $ 65,940 2) Mileage = 12,740 miles @ $0.35 = x{,460 Subtotal 70x400 TOTAL ~!~~ • CITY OF LA PORTS • INTER-OFFICE MEMORANDUM T0: Jack Owen City Manager FROM: John Joerns Director o munity Development Interim CI rdinator DATE: June 18, 19 SUBJECT: CIP ~~84-7151 Wastewater Treatment Plant & Fairmont Parkway Relief Trunk Sewer RE: Additional Services - Project Representation The CIP wastewater projects have two areas which require prompt action by the Council prior to the issuance of a ~tNotice to Proceedf~. One item, which is discussed here, is the authorization of project representatives (daily inspection). The second item, selection of testing laboratories, will be discussed in another memorandum. To date, the Council has yet to authorize the project representation services for either of these projects. Mr. Hodge had interviewed personnel employed by Turner Collie & Braden. The interview process resulted in the recommendation of Harold Brent, P.E. as the Chief Representative over both projects with another full time representative once the activity level of both projects requires the additional personnel. Those two projects are at a standstill until these services are authorized. Based on these observations and discussions with staff and our consultants, I concur with earlier recommendations that Council authorize Project Representative Services per terms of Section II. E. 11 of Special Services in accordance with Section III of the Agreement for Engineering Services dated June 20, 1984. The maximum expense for these services shall not exceed the original estimate of $240,000.00 without further written authorization. Realizing that this is a substantial amount, I recommend the following measures to be included in the authorization. In addition, the authorization shall require monthly progress reports and a fee summary report when the total project representative services reach approximately 60~ of the authorized funding level (approximately 60~ of 240,000). The report shall detail the expenditures of funds to that point, the funds remaining in the initial authorization, and the expected need for additional funds. Therefore, if necessary, adjustments in the level of personnel can be made during construction. • • Page Two June 18, 1986 RE: Additional Services - Project Representation There has also been preliminary discussions with Turner Collie and Braden regarding the use of the personnel on the Fairmont Park Trunk Sewer to cover the sanitary sewer rehabilitation project which should soon be ready for bidding. This would amount to a substantial cost savings over the $70,000 budgeted for the sewer rehabilitation project. Once these negotiations are complete, I will report to Council or the approach and the anticipated cost savings. The budget formulated is based on the following assumptions: CHIEF REPRESENTATIVE - 17 months time 1) 17 months X 21.66 days/month x 8 hrs./day = 2,946 hrs. 2) 2946 hrs x salary egstl ($26.70/hr) x 2.0 = $157,316 $157,316 MILEAGE 1) 368 days x 35 miles3/trip x 2 trip/day = 26,000 mi.(rounded) 2) 26,000 mi x $0.354/mile = $9,100 $ 9,100 ADDITIONAL PROJECT REPRESENTATIVE - 12 months time 1) 12 months x 21.66 days/month x 8 hrs/day 2,080 hrs 2) 2080 hrs x salary co~t2 ($15.85/hr) x 2.0 = $65,940 $ 65,940 1 the contract defines salary cost as 1.27 times the employees rate 2 of pay for a project rep. the contract includes a multiplier of 2.0 3 times salary cost 4 estimated distance from Engineering Office to Project Area established in our basic agreement for services Page Three June 18, 1986 RE: Additional Services - Project Representation MILEAGE 1) 260 days x 35 miles3/trip x 2.0 trip/day 2) 18,500 miles x $0.354/miles U = 18,500 mi.(rounded) _ $6,475 TOTAL .$ 6, 475 ~~3$ 8 1 3 estimated distance from Engineering Office to Project Area 4 established in our basic agreement for services JJ/tla PREFACE City Council is asked to consider the Interlocal Agreement between Texas Municipal League Insurance Fund and the City of La Porte for liability and property insurance. This Interlocal Agreement modifies the current Interlocal Agreement allowing for continuous coverage until Notice of Cancel- lation by either TML or the City of La Porte. The Administration recommends Council approve the Interlocal Agreement. ~ ~ ~- `~' .~. ' TEXAS MUNICIPAL LEAGUE JOINT SELF-INSURANCE FUND 211 East Seventh Street, Suite 1020, Austin, Texas 78701-3283 INTERLOCAL AGREEMENT This contract and Interlocal Agreement is entered into by and between political subdivisions of this state (hereinafter referred to as "Fund Members") to form a joint self-insurance pool to be named the Texas Municipal League Joint Self- Insurance Fund (hereinafter referred to as the "Fund") for the purpose of providing coverages against risks which are inherent in operating a political subdivision. WITNESSETH: The undersigned Fund Member, in accordance with the Interlocal Cooperation Act, Article 4413(32c), T.R.C.S. and the interpretation thereof by the Attorney General of the State of Texas (Opinion #MW-347, May 29, 1981), and in consideration of other Fund Members executing like agreements, does hereby agree to become one of the Fund Members of this self-insured pool. The conditions of membership agreed upon by and between the parties are as follows: 1. Definition of terms used in this Interlocal Agreement. a. BOARD. Refers to the Board of Trustees of the Texas Municipal League Workers' Compensation Joint Insurance Fund and the Texas Municipal League Joint Self-Insurance Fund. b. FUND YEAR. October 1 though September 30. c. MANUAL RATES. Basic rates applicable to each liability classification promulgated by the State Board of Insurance or by the Board of Trustees. d. TML MUNICIPAL LIABILITY SELF-INSURANCE PLAN. The document that sets forth in exact detail the coverages provided. e. ADJUSTMENTS. Refers to any offsets to manual premium that may result from the Member's election of deductibles, loss experience, or Fund Modifier which reflects the savings to the fund Member by entering into this Agreement. f. TML MUNICIPAL PROPERTY SELF-INSURANCE PLAN. The document that sets forth in exact detail the coverages provided. g. PREMIUM AND CONTRIBUTION. Used interchangeably in some parts of this Interlocal Agreement. Any reference at any time in this Interlocal Agreement to an insurance term not ordinarily a part of self- insurance shall be deemed for convenience only and is not construed as being contrary to the self- insurance concept except where the context clearly indicates no other possible interpretation such as but not limited to the reference to "reinsurance." h. SERVICE CONTRACTOR. Johnson & Higgins of Texas, Inc. i. REIMBURSABLE DEDUCTIBLE. As repects the TML Municipal Liability Self-Insurance Plan, the amount paid by the Fund that was chosen by this Fund Member to be applicable to the first monies paid by the Fund to effect judgment or settlement of any claim or suit. The Fund Member, upon notification of the action taken, shall promtly reimburse the Fund for all or such part of the deductible amount as has been paid by the Fund. Further, however, the Fund's obligation to pay damages shall be subject to the Limits of Liability stated in this Interlocal Agreement less the stated deductible amount. j. FUND MODIFIER. A percentage figure that is applied to the standard rates by the Fund to reflect the savings to the Fund Member by entering into the Interlocal Agreement. k. AGREEMENT PERIOD. The continous period since the Fund Member first became a Member of this Fund excluding, however, any period or periods of time therein that the member did not participate as a member of the Fund. 2. In consideration of the execution of this Agreement by and between the Member and the Fund and of the contributions of the Member, the insurance elected by the Member is afforded according to the terms of the TML Municipal Liability Self-Insurance Plan and the TML Municipal Property Self-Insurance Plan. The affirma- tivedeclaration of contributions and lirnits of liability in the Agreement Declarations determines the applicabil- ity of the Self-Insurance Plans. Each Fund Member agrees to adopt and accept the coverages, provisions, terms, conditions, exclusions and limitations as further provided for in the TML Self-Insurance Plan or as specifically modified by the Fund Member's Agreement Declarations. This Interlocal Agreement shall be construed to incorporate the TML Municipal Liability Self-Insurance Plan and/or the TML Municipal Property Self-Insurance Plan, Interlocal Agreement Declarations and any addenda to this Interlocal Agreement whether or not physically attached hereto. '~ r- ~' 3. It is understood that by participating in this self-insurance pool to cover liability exposure, the Fund Member does not intend to waive any of the immunities that its officers or its employees now possess. The Fund Member recognizes the Texas Tort Claims Act and its limitations to certain governmental functions as well as its monetary limitations and that by executing this agreement does not agree to expand those limitations. The Fund Member, upon the execution of this agreement, shall supply the Fund with a current copy of its charter provisions or ordinance that sets out its requirement as to the number of days in which a third party liability claim must be asserted against it. If the fund Member does not have such an ordinance provision that establishes a set number of days or if it has an ordinance provision which provides for less than 60 days notice and for good cause shown up to six months notice the Fund Member agrees to adopt an ordinance providing for such notice reasonably describing the damage or injury claimed and the time, manner and place of the incident from which it arose. The notice requirement shall not be changed by the Fund Member without first giving the Fund 30 days written notice. Violation of this provision may, at the Fund's discretion, void this Interlocal Agreement. 4. The term of this Agreement and the self-insurance provided to the Fund Member shall be continuous commencing 12:01 a.m. on the date designated in this Agreement until terminated as provided below. Although the self-insurance provided for in this Agreement shall be continuous until terminated, the limit of liability of the Fund under the coverages that the Fund Member elects shall be limited during any Fund Year to the amount stated in the Agreement Declarations for that Fund Year. This Agreement may be terminated by either party giving to the other sixty (60) days prior written notice of intent to terminate except the' Fund Member may terminate this Agreement and its coverages thereunder without giving the sixty (60) days notice if the reason is because of a change by the Fund in the Fund Member's contribution, coverage, or other change in the limits of liability, terms, conditions, exclusions and limitations provided for in the Texas Municipal League Self-Insurance Plan provided that no termination by the Member shall be effective prior to the date that written notice of termination is actually received in the offices of the Texas Municipal League Joint Self-Insurance Fund and provided further that the Fund Member agrees to and shall pay the applicable premium and contribution for those coverages it is terminating until the date the notice of termination is actually received by the Fund. The Fund shall provide the Member with an Agreement Declaration and any addenda that determines the applicability of the Texas Municipal League Self-Insurance Plans annually by November 1, or as required due to changes requested by the Member or required by the Fund. Such Declarations shall include, but not be limited to, the coverage period which shall be the applicable Fund Year, limits, deductibles, contributions, special provisions and limitations. It is the intention of the parties that the Member's insurance coverages under this Agreement shall remain in full force and effect from Fund Year to Fund Year, subject to the limits of liability that the Fund can provide each Fund Year and the terms, conditions and limitations that the Fund may require to protect its solvency and to comply with reinsurance requirements, until notice of termination is given as herein provided. Realizing that the Fund Member needs the earliest possible information concerning the Fund coverages, limits and exclu- sions and the Member's contribution that will be required for any new Fund Year, the fund will endeavor to provide this information as soon as possible before the beginning of each new Fund Year. The parties recognize, however, that conditions in the reinsurance industry are such that the Fund may not be able to provide this information to the Member before the beginning of a Fund Year for various reasons including the failure of the Member to timely submit the appropriate exposure summary or delays on the part of reinsurers in getting information to the Fund and so, to protect the Member from gaps in its coverage and to protect the solvency of the Fund, the parties agree as follows: If for any reason the Fund has not been able to provide the Member with information concerning available coverages for a new Fund Year or advise the Member of the amount of its contribution for the new Fund Year by the beginning of the Fund Year, the Fund shall nevertheless continue the Member's coverages at the same limits of liability (if still available and if not then at the highest limit of liability available for the new Fund Year) so that the Member shall at all times remain insured as herein provided and the Member's initial contributions for the new Fund Year shall be determined by a "tentative contribution" as determined by the Board with the Member's actual annual contribution to be credited by the amount paid in accordance with the tentative contribution and adjusted during the Fund Year. In the event the Member's annual contribution has not been determined at the beginning of a Fund Year due to the Member not having timely provided the exposure summary required in Section 5, then the tentative contribution shall be calculated as follows: The Member's prior Fund Year's exposure base shall be increased by twenty-five percent (25%) and the resulting exposure base shall be applied to the rates applicable to the new Fund Year and the Member shall make its contribution payments based upon this rate with its annual contributions adjusted thereafter to reflect the correct annual contribution. In the event the Member does not wish to have its coverages extended or renewed at the end of any Fund Year, the burden shall be upon the Member to give written notice to the Fund as provided hereinabove and the Member agrees to pay as (iereinabove stated all contributions or prorata contributions until the date such written notice is received in the offices of the Fund or the date of termination of this Agreement, whichever is later. Commensurate with the execution of this Agreement and annually thereafter, the Fund Member shall com- plete the appropriate exposure surnmary and clE liver it ur cause it to be delivered to the Fund or, if so • ~ • ~- n instructed, to the service contractor, no later than September 1 of each year and new annual contributions shall be calculated using manual rates times exposure, less any adjustments. Intentional or reckless misstate- ments on the exposure summary shall be grounds for cancellation. Rates and formulas established by the Board of Trustees shall be used to determine the Fund Member's contribution for the new Fund Year. In the event the Fund Member does not provide the exposure summary information timely, then the tentative premium provided for in Part 4 above shall be applicable until such time as the Fund Member's contribution can be determined, at which time the Member's annual contribution shall be adjusted accordingly. The Fund Member agrees to pay the annual contribution to the Fund in equal monthly installments, in advance, commencing at the beginning of this Agreement with subsequent installments due the first of each month thereafter. If the payable annual contribution shall be less than $5,000.00, it shall be payable in equal quarterly installments, in advance, commencing at the beginning of this Agreement or at the beginning of each new Fund Year, with subsequent installments due the first of each quarter thereafter. In the event this Agreement is terminated as herein provided, the Fund shall promptly repay to the Fund Member any unearned annual contribution prorated as of the date of termination and the Fund Member agrees to promptly pay the Fund any unpaid annual contribution prorated as of the date of actual termination. In addition, the Fund Member agrees during the term of this Agreement to promptly pay all reimbursable deductibles upon receipt of statement. At the end of each and every Fund Year, there shall be submitted by the Fund Member the actual data shown on the exposure summary as reflected by the books and records of the Fund Member. The Fund reserves the right to audit the records of any Fund Member and adjust contributions accordingly. In the event that the Fund Member fails or refuses to make the payments including accrued interest as herein provided the Fund reserves the right to terminate such Fund Member by giving them ten (10) days written notice and to collect any and all amounts that are earned pro rata for the period preceding contract termination. If the amounts owed, including reimbursable deductibles, have to be collected by suit, the Fund Member agrees to pay attorneys' fees and costs incurred in such suit. 6. The Fund shall maintain adequate protection from catastrophic losses to protect its financial integrity. Aggre- gate protection shall also be maintained to insure that the Member shall at no time be assessed. The Member's contributions shall be limited to that amount as calculated under this agreement. 7. Subject to the provisions of the foregoing paragraph, it is agreed the Board shall have the right to adjust the financial protection outlined above and/or amend coverages as it deems necessary to maintain the fiscal soundness of the Fund at the beginning of or during any Fund.Year. 8. The Fund has contracted with the Servicing Contractor to supply loss control services to the Fund Members to assist them in following a plan of loss control that may result in reduced losses. The Servicing Contractor shall provide all of the services as provided in the service contract entered into by and between the Servicing Contractor and the Fund on behalf of the Fund Member. The Fund Member agrees that it will cooperate in instituting any and all reasonable loss control recommendations. In the event that the recommendations submitted by the Servicing Contractor on behalf of the Fund seem unreasonable, the Fund Member has a right to appeal to the Board of Trustees. The Board shall hear the objections of the Fund Member at its next regularly scheduled meeting and its decisions will be final and binding on all parties. 9. The Fund Member agrees that it will appoint a coordinator of department head rank, and that the Fund and its Servicing Contractor shall not be required to contact any other individual except this one person. Any notice to or any agreements with the coordinator shall be binding upon the Fund Member. The Fund Member reserves the right to change the coordinator from time to time by giving written notice to the Fund and to the Servicing Contractor. 10. The Fund, through the Servicing Contractor employed by the Fund, agrees to handle and provide a defense for any and all claims covered under this agreement after prompt notice has been given. The Fund Member hereby appoints the Servicing Contractor as its agent to act in all matters pertaining to processing and handling of liability claims covered under this agreement and shall cooperate fully in supplying any informa- tion needed or helpful in such defense. The Servicing Contractor shall carry on all negotiations with the claimant and his attorney and negotiate within authority previously granted by the Fund. If a personal appearance by the Fund Member or an employee is necessary, the expense of this appearance will not be the responsibility of the Fund. The Servicing Contractor will retain and supervise legal counsel for the prosecution and defense of any litigation. All decisions on individual cases shall be made by the Fund through the Servicing Contractor, which includes the decision to appeal or not to appeal. However, any Fund Member shall have the right in any case to consult with the Fund on any decision made by the Servicing Contractor. The Board shall hear the objections of the Fund Member at its next regularly scheduled meeting and its decision will be final and binding on all parties. Any suit brought or defended by the Servicing Contractor and the Fund shall be brought or defended only in the name of the Funcl Member and/or its officers or employees. There shall be supplied periodically to each Fund Member a computer printout involving a statement of claims. As respects r~ ='a the TML Municipal Liability Self-Insurance Plan, the Fund shall have priority in enforcing its subrogation claims as against claims of Fund Members except as to claims of the Texas Municipal League Workers' Compensation Joint Insurance Fund, which shall take preference. 11. The Fund Member acknowledges that it has received a copy of the Bylaws of the Fund and agrees to abide by the Bylaws and any amendments thereto. The Fund Member specifically acknowledges that it is a member in good standing of the TML Workers' Compensation Joint Insurance Fund and will remain a participant in that Fund during the term of this Interlocal Agreement. 12. The Fund agrees that all Fund transactions will be annually audited by a nationally recognized certified public accounting firm. 13. If legally required, the Fund shall file the necessary tax forms with the Internal Revenue Service. 14. As the administrators of the Self-Insurance fund, the Board shall primarily and constantly keep foremost in their deliberations and decisions in operating the Fund that each of the participating Fund Members is a "self- insured." At least annually, the Board shall carefully review, study and consider the actual claims or loss experience (including reserves for future claims payments) of each of the Fund Members, the pro rata saving to the Fund resulting from overall loss experience attributed to each Fund Member, and the pro rata portion of the cost of all catastrophic loss protection and aggregate stop loss protection allocated to each Fund Member as well as the pro rata allocation, as determined by the Board of the other and necessary administrative expenses of the Fund, in order to reasonably determine the actual pro rata cost, expense and loss experience of each Fund Member in order to maintain as nearly as possible an equitable and reasonable self-insurance administration of the Fund as applied to each Fund Member. The Fund shall maintain case reserves and supplemental reserves computed in accordance with standard actuarial principals, taking into account historical and other data, designed to measure claims development and claims incurred but not yet reported, so that funds will be available to meet these claims as they become due. The Fund shall also establish and maintain a reserve for Return of Contributions to insure further fiscal integrity of the Fund in the event of a potential adverse loss development. COORDINATOR FOR FUND MEMBER (to be completed by city) Name Mailing Address Street Address (if different from above) City City Name Zip Title Phone Effective Date of this Agreement --1~~ /~J~ O~ Contract No. (~ 39 S TEXAS MUNICIPAL LEAGUE JOINT SELF-INSURANCE FUND By Signature of Authorized City Official Title Date ... .. _ . . '~• ~: ~ ~~ Signature of Authorized Fund •Official ~ Title Date ~o "•.ll- Flo • ~- TEXAS MUNICIPAL LEAGUE JOINT SELF-INSURANCE FUND DECLARATIONS OF COVERAGE CITY OF LA PORTS I. LIABILITY COVERAGES ---------- GENERAL LIABILITY ------------------------------------ LIMIT OF LIABILITY :$ 3,000,000 Per Occurrence BI/PD CSL/Annual Aggregate (where applicable) DEDUCTIBLE $ 500 ANNUAL CONTRIBUTIONS :$ 88,056 EFFECTIVE DATE 10/01/85 COVERAGE ADDENDUM NONE EXPIRATION DATE 10/01/86 AUTOMOBILE ------- LIABILITY ------------- LIMIT OF LIABILITY :$ --- 3,000,000 ----------------- ---- Per Occurrence BI/PD ------------- CSL/Annual Aggregate (where applicable) DEDUCTIBLE $ 500 ANNUAL CONTRIBUTIONS :$ 194,887 EFFECTIVE DATE 10/01/85 COVERAGE ADDENDUM NONE EXPIRATION DATE ----- 10/01/86 ----------------- LAT+1 ENFORCEMENT LIABILITY - CLAIMS MADE BASIS ------------ LIMIT OF LIABILITY :$ ----- 3,000,000 ----------------------------------- Each Claim/Annual Aggregate DEDUCTIBLE $ 1,000 RETROACTIVE DATE 10/01/85 ANNUAL CONTRIBUTIONS :$ 32,982 EFFECTIVE DATE 10/01/85 COVERAGE ADDENDUM NONE --- EXPIRATION DATE ----- 10/01/86 ------------------------------ ERRORS AND OMISSIONS LIABILITY - CLAIMS MADE BASIS LIMIT OF LIABILITY :$ ________ 500,000 ___________________________________ Each Claim/Annual Aggregate DEDUCTIBLE $ 5,000 RETROACTIVE DATE NONE ANNUAL CONTRIBUTIONS :$ 8,454 EFFECTIVE DATE 10/01/85 COVERAGE ADDENDUM --------------------- -- NONE EXPIRATION DATE 10/01/86 AVIATION LIABILITY REFER TO PAGE 2 FOR COVERAGE SUMMARY II. PROPERTY COVERAGES REFER TO PAGE 3. FOR DESCRIPTION OF PROPERTY COVERAGES ACCEPTED 05/30/86 • r~ TEXAS MUNICIPAL LEAGUE '~ JOINT SELF-INSURANCE FUND AVIATION DECLARATIONS OF COVERAGE CITY OF LA PORTE I. AVIATION LIABILITY COVERAGES . AIRPORT LIABILITY LIMIT OF LIABILITY :$ 10,000,000 Per Occurrence and Aggregates DEDUCTIBLE :$ NONE ANNUAL CONTRIBUTIONS :$ 2,056 PRODUCTS LIABILITY INCLUDED INDENPENDENT CONTRACTORS INCLUDED EFFECTIVE DATE 10/01/85 EXPIRATION DATE 10/01/86 HANGERKEEPERS LIABILITY -------- COVERAGE REJECTED -------- -------- CHARTERED AIRCRAFT LIABILITY ---------------------- LIMIT OF LIABILITY :$ 5,000,000 Per Occurrence DEDUCTIBLE :$ NONE ANNUAL CONTRIBUTIONS :$ 480 EFFECTIVE DATE 10/01/85 EXPIRATION DATE 10/01/86 ______________________________________________________________________ 07/03/86 ~~ r~ '~ PROPERTY DECLARATION OF COVERAGE LAPORTE COVERAGES ACCEPTED OR REJECTED DESCRIPTION OF COVERAGE EFFECTIVE DATE ANNUAL CONTRIBUTIONS A. REAL AND PERSONAL PROPERTY 10/01/85 $ 32,011 B."~ MO'BI=hE EQiJ'I'PMENT =-=~-- ~--= -~ ~ ~ 10/01/85 ~ $ 14,609 C. BOILER AND MACHINERY REJECTED REJECTED D. -AUTOMOBILE -PHYSICAL -DAMAGE ~ ~ 10/01/85 _ ° - - - $ 20, 078 AUTOMOBILE PHYSICAL DAMAGE COVERAGE ----------------------------------- ----------------------------------- COVERAGE REJECTED EXCEPT FOR AUTOr~OEiILE CAiF,STROPr COVERAGE ------------------ ------------------ PROPERTY COVERAGES A. COVERAGE BASIS ALL RISK B." VALUATION METHOD FOR LOSS ADJUSTMENT REPLACEMENT COST C. BLANKET LIMIT EACH OCCURRENCE 10,248,233 D. FLOOD & EARTHQUAKE ANNUAL AGGREGATE LIMIT REJECTED E. TRANSIT LIMIT 1,000,000 F. PROPERTY INSURED ~1.~REAL AND PERSONAL PROPERTY 2. MOBILE EQL'IPI~iEI:T OPTIOi3 •3~.- DATA PROCESSIP7G EQL:IPME:7T OPTIO:t G. DEDUCTIBLES PER COVERAGE 1. ALL RISK 2. FLOOD AND EARTHQUAKE 3. BOILER AND MACHINERY 4. AUTOMOBILE CATASTROPHE H. PROPERTY INSURED SUBJECT TO SL'B-LIMITS 1. Automobile Catastrophe Coverage 2. Valuable Papers & Records & EDP Media 3. Account Receivables 4. Loss of Revenues,Extra Expense and Rents 5. Personal Effects 6. Leasehold Interest 7. Outdoor Trees & Shrubs ($250 each) 8. Fine Arts (IF SCHEDULED ON ADDENDUM) I. SPECIAL CONDITIOi1S AND EXCLUSIONS OR ADDENDA 1. REAL AND PERSONAL PROPERTY ADDENDA 2. MOBILE EQUIPME?1T 3. BOILER AND MACHINERY INCLUDED I?1CLL'DED INCLUDED 2,500 REJECTED REJECTED 10,000 3,975,500 10,000 10,000 25,000 5,000 5,000 10,000 REJECTED 1 - ATTACHED NONE REJECTED -------------------------------------------------------------------- * - Indicates ALL RISK coverage applies 06/03/86 • PREFACE • The City Council is requested to authorize Daniel's Dump Truck Hauling to demolish the following buildings with Block Grant funds: 1) 521 West "B" 2) 217 North 5th Street 3) 202 North 6th Street 4) 207 Oakhurst. Daniel's Dump Truck Hauling was the lowest bidder of the six bids received at the amount of $4,100.00 meeting specifications. The Administration recommends Council authorize Daniel's Dump Truck Hauling to demolish the above referenced buildings. •------ ' • INTER-OFFICE MEMORANDUM June 17, 1986 T0: David Paul~issen - Chief Building Official FROM: Tim Blackwell - Purchasing Agent~~~ SUBJECT: Sealed Bid 40153 - Demolition of Buildings Advertised, sealed bids 440153 for demolition of four buildings were opened and read in City Council Chambers June 16, 1986 at 4:00 p.m. Bid invita- tions were mailed to twenty-one companies with the following returning bids: (1) Cherry House Moving, (2) Houston Demolishing, (3) Ark Wrecking of Oklahoma, (4) Magnolia Development Corp., (5) Daniel's Dump Truck, (6) Walker's Sand, Inc. Low bid meeting specifications was submitted by Daniel's Dump Truck Hauling in the amount of $4,100.00 I recommend that the bid be awarded to the lowest bidder meeting specifications, Daniel's Dump Truck Hauling. Please submit your recommendation along with an Agenda Request Form and all attachments to the City Manager's Administrative Assistant no later than 5:00 p.m. on the Monday preceding the next regular Council meeting. If there is a need to delay bringing this bid to the Council, you should contact me immediately so that arrangements can be made to extend the quoted bids. TB/mb Attachment: Bid Tabulation cc: R. Hare err` Sealed Bid 40153 Demolition of Buildings 1. 521 West "B" White Frame House Walker's Magnolia Ark Wrec Sand Developin ~, 2,250.00 r~ ~_~ ** Cherry Houston Daniel's House Demolishing• Dump Moving I Truck i Hauling ~~ i 800.00 2. 217 North 5th St. 2,750.00 1,434.00 1,750.00 2,565.00 1,100.00 800.00 Du lex Shingle Siding 3. 202 North 6th St. 3,240.00 1,834.00 1,650.00 3,769.00 1,350.00 1,500.00 Frame House and (2) Out 4. 207 Oakhurst 3,500.00 3,143.00 2,250.00 4,731.00 1,500.00 1,000.00 House on Pilings and _ Out Buildings Total 11,740.00 7,445.00 J 6,750.00 113,110.00 14,400.00 14,100.00 1,034.00 1,100.00 2,045.00 450.00 ** Denotes Low Bid