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HomeMy WebLinkAbout1986-08-25 Regular Meeting• • MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL AUGUST 25, 1986 1. The meeting was called to order by Mayor Malone at 6:05 P.M. MemherS of City Council Present: Mayor Norman Malone, Councilpersons Ed Matuszak, Alton Porter, Deotis Gay, B. Don Skelton, Linda Westergren Members of City Council Absent: Councilpersons Betty Waters, John Lloyd, Lindsay Pfeiffer Memherg of City Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Cherie Black, Director of Community Development John Joerns, Acting Director of Public Works Steve Gillett, Director of Parks and Recreation Stan Sherwood, Police Chief Charles Smith, Fire Chief Joe Sease, Assistant Fire Chief John Dunham, Director of Human Resources Doug de la Morena Others Present: Doug Latimer, Chairman of the Planning and Zoning Commission; Tom Barrett, The Vickers Inn Restaurant; representatives of PRAXIS; Melissa Lestarjette, Bayshore Sun; 6 citizens 2. The invocation was given by City Attorney Knox Askins. 3. Council considered approving the minutes of the regular meeting of Council held August 11, 1986. Motion was made by Counciloerson Skelton to a~nrove the minutes of the August 11 meeting as presented. Second by Councilperson Westergren. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Ed Matuszak, Alton Porter, Deotis Gay, B. Don Skelton, Linda Westergren and Mayor Malone Nays: None 4. The Mayor read a proclamation declaring 9-1-1 Awareness Week and presented it to Police Chief Charles Smith. 5. Tom Barrett, owner of the Vickers Inn Restaurant, addressed Council to thank the entire City for all the help and advice he had received while in the process of building and opening U • Minutes, Regular Meeting, La Porte City Council August 25, 1986, Page 2 his restaurant. Mr. Barrett presented a beautiful cake to the City, which City employees will share. He also presented a gift certificate to be given to the employee of the year recipient, who will be named in September at the annual employee picnic. 6. Doug Latimer, Chairman of the Planning and Zoning Commission, presented an update on the proposed zoning map. He invited members of Council to meet with the Planning and Zoning Commission on September 4 for further discussion on the map. 7. Council considered approving plans and give notice to proceed on fire station II. After a presentation on the plans by representatives from PRAXIS, motion was made by Councilperson Matuszak to approve the glans and wive notice to proceed on fire station II. Second by Councilperson Skelton. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Ed Matuszak, Alton Porter, Deotis Gay, B. Don Skelton, Linda Westergren and Mayor Malone Nays: None 8. Council considered an ordinance approving Industrial District agreements. The City Attorney read: ORDINANCE 1508 - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF INDUSTRIAL DISTRICT AGREEMENTS WITH INDUSTRY WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT, AND THE BAYPORT INDUSTRIAL DISTRICT, FOR THE SEVEN (7) YEAR PERIOD COMMENCING JANUARY 1, 1987. i'`~;tior, was made by Councilpeerson Gay to adopt Ordinance 1508 as read by the Cites Attornev. Second by Councilperson Skelton. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Matuszak, Porter, Gay, Skelton, Westergren and Mayor Malone Nays: None 9. Council considered an ordinance approving the Affirmative Action Plan. Minutes, Regular Meeting, La Porte City Council August 25, 1986, Page 3 The City Attorney read: ORDINANCE 1509 - AN ORDINANCE ADOPTING AN AFFIRMATIVE ACTION PLAN FOR THE CITY OF LA PORTS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. *9ntion was made b~ Councilperson Gay to adopt Ordinance 1509 as read by the Citv Attornev. Second by Councilperson Matuszak. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Matuszak, Porter, Gay, Skelton, Westergren and Mayor Malone Nays: None 10. Council considered a resolution authorizing acquisition of land for the golf course. The City Attorney read: RESOLUTION 86-27 - 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 Counciloerson Matuszak to aoorove Resolution 86-27 as read by the Citv Attornev. Second by Councilperson Porter. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Matuszak, Porter, Gay, Skelton, Westergren and Mayor Malone Nays: None 11. Council considered approving a contract with Hazelwood Enterprises, Inc., for solid waste disposal and authorize the City Manager to execute same. Motion was made by Councilperson Skelton to anbrove the contract with Hazelwood Enterprises for solid waste disposal and to authorize the City Manager to execute the contract. Second by Councilperson Matuszak. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Matuszak, Porter, Gay, Skelton, Westergren and Mayor Malone Nays: None • Minutes, Regular Meeting, La Porte City Council August 25, 1986, Page 4 12. Council considered approving a contract with Hughes Sand Pits, Inc., for type IV waste disposal and authorize the City Manager to execute same. Motion was made by Councilperson Matuszak to approve the c~nrra~t with Hushes Sand Pits for tyke IV waste disposal and to authorize the Citv Manager to execute the contract. Second by Councilperson Gay. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Matuszak, Porter, Gay, Skelton, Westergren and Mayor Malone Nays: None 13. Council considered approving a contract for a land survey of North West Park property. *"~t-ion was made by Councilperson Skelton to award the contract ~.n.gineerin~ and Survevors in the amount of $5,406.08. Second by Councilperson Gay. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Matuszak, Porter, Gay, Skelton, Westergren and Mayor Malone Nays: None 14. Council considered awarding a bid for a 10-ton air conditioning unit for Evelyn Kennedy Civic Center. "~r~~- ; ~~., was made by Councilperson Matuszak to award the bid for t-hP 10 ton air conditioning~.unit to the low bidder meeting specifications, B rrett's Heating_and Air Conditioning. in the amount of ~6~~24. Second by Councilperson Skelton. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Matuszak, Porter, Gay, Skelton, Westergren and Mayor Malone Nays: None 15. Council considered awarding a bid for renovation of electrical system of Water Well No. 3 (4th at Fairmont Parkway). Matson was made by Councilpe rson Westergr en to aw ard the bid for renovation of the electr ical sy,~1:Pm o f water well no. ~ to the how bidder meeting_.sneci fications, Te x-All El ectrical Contractors, in the amount o f X9,629 for renovati on and an i Minutes, Regular Meeting, La Porte City Council August 25, 1986, Page 5 amount of $829 for alternate number one, motor feeder replacement if it is necessary. Second by Councilperson Gay. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Matuszak, Porter, Gay, Skelton, Westergren and Mayor Malone Nays: None 16. There was no administrative report. 17. Councilpersons Porter and Skelton and Mayor Malone brought items to Council's attention. 18. Council adjourned into an executive session to confer with the City Attorney regarding land for golf course, discussion with City Attorney regarding legal services, and to review City Manager applications, at 7:12 P.M., and returned to the Council table at 8:25 P.M. After returning to the Council table, the Mayor announced that Council will consider forming a golf advisory board, members to consist of John Kiibler, Ruede Wheeler, Dick Hayes, Dennis Dunham, Jack Humphrey, Mose Davis, David Brady and Lloyd Roper. An ordinance ratifying the appointments will be considered at the joint meeting with the Planning and Zoning Commission on September 4. 19. There being no further business to come before the Council, the meeting was duly adjourned at 8:29 P.M. Respectfully s bmitted: Cherie Black City Secretary Passed & Approved this the 8th day of September, 1986 ~ri~`yy?~~ ~j~~ ~~ `~ Norman L. Malone, Mayor ~~~~ .~ \ I July 5, 1986 • CITY OF LA FORTE PHONE (713) 471.5020 • P. O. Box 1115 • Lq PoRTE. TExgs 77571 ~ r ~~ ~ ... ,- - l - Z. ~ ~_ .~ i' ~_... --- Praxis 2425 West Loop South,Suite 865 Houston, Tx. 77027 RE: Fire Station II; Project ~~ 86-~T ~-~®.~ Dear Mr. Rhodes Jr., In accordance with the City of La Porte Development Ordinance and other pertinent codes and ordinances the site plan review committee has reviewed the above referenced project on July 5, 1986. The project was approved as submitted; therefore, your mylar copy of this project should be presented to the Community Development Department. Once this is done, you will receive your minor development authorization. At this stage your building permit application and all necessary plans and material specifications should have been submitted to the Code Enforcement Division for plan review. We would like to welcome you to La Porte and look forward to working with you on your project. If we may be of further assistance, please feel free to contact my staff at (713) 4471-5020. Respec 11 l -• ~ /~'' C.L. Rollaway v Building Official CLH/dsw cc: B. Speake P. O'Mally / P. Hickenbottoma/ B. Jacobs S. Hubbard n ORDINANCE NO. 1508 ~~ AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF INDUSTRIAL DISTRICT AGREEMENTS WITH INDUSTRY WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT, AND THE BAYPORT INDUSTRIAL DISTRICT, FOR THE SEVEN (7) YEAR PERIOD COMMENCING JANUARY 1, 1987. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that the following named corporations have each executed industrial district agreements with the City of La Porte, for the seven-year term commencing January 1, 1987, a copy of each of said proposed industrial district agreements being attached hereto, incorporated by reference herein, and made a part hereof for all purposes, to-wit: AIR PRODUCTS - HYCO AIR PRODUCTS - SYNGAS AIR PRODUCTS - H.P.F. AIR PRODUCTS - TRANS & DIST. AIR PRODUCTS - CO2 CACILITY AIR PRODUCTS - N2 BACK-UP AIR PRODUCTS - CELANESE COMP. AKZO CHEMIC, INC. BATTLEGROUND WATER DISTRIBUTION CO. BIG THREE - AIR SEPARATION BIG THREE - MIXED GAS LAB BOC GROUP, INC. CARDOX - ALLEGHANEY CONOCO, INC. COSDEN OIL & GAS DEER PARK, INC. DIAMOND SHAMROCK CORPORATION • • Ordinance No. 1508, Page 2 THE DOW CHEMICAL COMPANY E.I. DU PONT DE NEMOURS & COMPANY EURECAT U.S., INC. FINA OIL AND CHEMICAL COMPANY GREIF BROTHERS GOODYEAR TIRE & RUBBER COMPANY HERCULES INCORPORATED HOUSTON LIGHTING & POWER INTEROX AMERICA LA PORTE CHEMICALS LEXTAR COMPANY, INC. LIQUID AIR CORPORATION LUBRIZOL CORPORATION NATIONAL DISTILLERS & CHEMICAL CORP. USS NOVAMONT OHMSTEDE MACHINE WORKS PEARSALL CHEMICAL PETROLITE CORPORATION REVAK ENTERPRISES, INC. ROHM & HAAS BAYPORT, INC. SOLTEX POLYMERS SOUTHERN IONICS, INC. SOUTHWEST CHEMICAL SERVICES, INC. STEFANI DISTRIBUTING COMPANY STINNES - TEXAS SYNGAS (DUPONT) TEXAS ALKYLS UNION CARBIDE • • Ordinance No. 1508, Page 3 Section 2. The Mayor and the City Secretary of the City of La Porte, Texas, be, and they are hereby authorized, and empowered to execute and deliver on behalf of the City of La Porte, Texas, the industrial district agreements with the firms and corporations named in Section 1 hereof, copies of which are attached hereto. Section 3. The City Council officially finds, determines, re- cites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time reugired by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be in effect immediately upon its passage and approval. PASSED and APPROVED this the 25th day of August, 1986. CITY OF LA PORTE Y Nor n Malone, Mayo ATTEST: ~,PJl.Ge~ Z/ City Secretary APPROVED: 1.~~,G1)( Civ City Attorney • CITY OF LA PORTE INTER-OFFICE MEMORANDUM T0: La Porte City Council FROM: Jack Owen, City Manager SUBJECT: Affirmative Action Plan • 7-8-86 On September 16, 1985, staff brought forth a proposed affirmative action plan for City Council's consideration. The plan was tabled pursuant to further study and revision. Consequently, several meetings have been held involving Councilperson Deotis Gay, City Staff and two local personnel specialists. Robert Swanagan, Senior Personnel Representative with MOBAY, and Henry Ramirez, PPG Plant Manager attended these meetings and revised the plan. Stressed were such issues as job advertising, job training and plan reporting provisions. The completed affirmative action plan has been reviewed once more by these two individuals and they both believe it is in final draft for Council's review and adoption. Should you have any questions or concerns, please contact me. /DM/me ~~ 1~ • ORDINANCE NO. 1509 AN ORDINANCE ADOPTING AN AFFIRMATIVE ACTION PLAN FOR THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby adopts an Affirmative Action Plan for the City of La Porte, a true and correct copy of which is attached hereto as Exhibit "A", incorpo- rated by reference herein, and made a part hereof for all purposes. 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 Statut- es Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be in effect immediately upon its passage and approval. PASSED, and APPROVED this the 25th day of August, 1986. CITY OF LA PORTE 1 BY • Gi?''~ ~ / Nor an Malon , a r ATTEST: L~~ E~piu ?~ C/ City Secretary APPROVED 6~~ ~. . Ca.ty Attorney .~ . • • F'XNI~I i "~~~ AFFIRMATIVE ACTION PLAN TABLE OF CONTEPJTS 1.) 2.) 3.) 4.) 5.) 6.) 7.) 8.) I. II. III. IV. V. VI. VII. VIII. Introduction P• 1 Statement of Policy and Scope p. 1 Specific Objectives and Goals p. 2-4 Responsibility for Implementation p. ~-7 Training Programs p. 7-8 Recruitment p. 8-10 Dissemination of Affirmative Action Plan P• 10 Communication of the Plan ~ p. 10-12 AFFIRMATIVE ACTION PLAN FOR THE CITY OF LA PORTS 1985-1986 ~~ • CITY OF LA PORTE ' ~~ AFFIRMATIVE..ACTION PLAN I. INTRODUCTION The purpose of this plan is to provide the citizens of the City of La Porte with the best possible government and governmental services, by providing an equitable method for recruitment, selection, and promotion of those persons qualified to render such services. Employment and promotional opportunities shall be based on ability, continued improvement, and dedication. Only merit factors shall be used in determining those people best qualified for such employment and promotion. II. STATEt~tENT OF POLICY AND SCOPE Affirmative action shall be taken to ensure equal employment opportunities for all employees and ' prospective employees engaged in or to be engaged in City services. Discrimination against any individual in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of human resources administration because of political or religious .opinions and affiliations, membership or non-membership in employee organizations, or because of race, color, national origin, marital status sex, or other sex non-merit factors is prohibited. The purpose of this plan is to ensure an appropriate working environment for all employees and prospective employees. Sexual harrassment of any employee or prospective employee including discrimination in any of the areas of human resources administration as a result of sexual harrassment, is prohibited. This Affirmative Action Plan applies to the entire City organization including the City Council and City Manager's Office. • • III. SPECIFIC OBJECTIVES AND GOALS A. The projection of employment goals and timetables for implementation is made with full cognizance that some departments will have greater opportunity and flexibility to meet their respective goals through attrition and new positions. The measure of each " department's goal attainment in each job category will be evaluated by the City Manager's Office in terms of the opportunities for hiring, promotion, etc... presented to each department head (and supervisory personnel) and the definitive affirmative action efforts undertaken within a specific time frame. B. The immediate objective of the City of La Porte is to ensure that no under utilization of minorities, " females or handicapped persons exist in any area of the employment process, including recruitment, hiring, promotion, training, etc.. C. A semiannual review of the Plan shall be made by City Staff, following which, a report describing the current plan and recommendations for improvements shall be made to City Council. D. The three year goals of the City of La Porte are: 1) to achieve a ratio of male-female and minority representation in each job category equal to or greater than their availability in the La Porte community as indicated by the most current census and 2) to achieve a composition of handicapped employees in the City workforce. These goals will be accomplished within three (3) years of adoption of this Affirrnative Action Plan. • .. • E. Immediate-range objectives are those specific tasks that can reasonably be expected to be accomplished within twelve (12) months of adoption of this Plan. These include, but are not limited to, the following: 1. Study by the Human Resources Division to ensure that all positions are properly categorized (e.g., Officials/Administrators, Professionals, etc.). This study should be completed within six ~~ (6) months after implementat.i:on of this Plan. 2. Identification of those current City employees and those applicants for City employment who are legally considered to be handicapped. For definition of "handicapped individual" reference sections 503 and 504 of the Rehabilitation Act of 1973 (29~ U.S.C. 793 and 794). This should be accomplished within ninety (90) days after implementation of this Plan. 3. The establishment of a formalized process by which employees or applicants for employment may seek an appropriate remedy, should they allege discrimination in the selection process. This process will be established within sixty (60) days after implementation of this Plan. 4. Formalize the application process to ensure that all candidates for employment with the City of La Porte will be referred to and processed by the Human Resources Division prior to any employment offer. This process will be implemented within sixty (60) days after adoption of this Plan. • • ~`= 5. Conduct an descriptions based on the subjective c within nine Plan. analytical study of all job to ensure that job requirements are actual needs of the job and not on riteri.a. This should be completed (9) months after adoption of this IV. RESPONSIBILITY FOR IMPLEMENTATION Affirmative Action demands a conscious, deliberate, and total commitment on the part of the entire municipal organization and all its"employees. " The City Council of La Porte will, consistent with the objectives of this Affirmative Action Plan, authorize appropriate resources in order- to ensure the attainment of the P"lan. This ~ "" commitment will include the appropriation of -funds necessary to provide staff and other resources for monitoring compliance with this Plan. Resources will also be provided for training of managerial and supervisory personnel in the area of equal employment opportunity. The City Manager will (1) be"responsible for the overall administration of the Affirmative Action Plan, (2) establish, administer, and provide direction for the Plan in order that equal employment opportunity exists in each department, in all job .categories, (3) disseminate appropriate direction to department heads in a timely manner to ensure compliance with the Plan, (4) support the goals of the Plan in order that all objectives are met, (5) ensure the sufficiency of funds in ttie City's operating budget to allow for the successful administration of an Affirmative Action Program for the City of La Porte, and (6) evaluate persons under his direct supervision in specific areas of equal employment • opportunity performance on evaluation shall include • a semiannual basis. Th° such matters as (a) the subordinate's progress in filling professional and administrative positions with minorities, females and handicapped persons where under utilization exists, (b) the subordinate's knowledge of equal employment opportunity principles and the status of affirmative action in his/her department and (c) the subordinate's own evaluation of persons under his/her supervision in the area of equal employment opportunity, among other criteria. Although the City Manager is charged with the responsibility of the overall administration, implementation, and compliance of Affirmative Action Plan, accountability will be shared by all administrators and department heads. Commitment to and compliance with the mandates of affirmative action and equal employment opportunity will be tcao major areas of. criteria in the selection of candidates for executive positions and in the evaluation process of current department heads and other supervisory personnel. The Human Resources itanager will provide the following assistance; 1. Provide the City Manager's office with all available data on activity with regard to appointments, promotions, and transfers in City departments. 2. Coordinate with other City departments in developing a transfer program. which will provide a means of upward mobility for all employees. 3. Develop career ladders and lines of career progression. _ 4. Counsel La Porte employees to assist in their planning for career advancements. ~- 5. Evaluate promotion policy in order to expand areas of consideration and basis for selection, and to"_delete unnecessary_requirements. 6. Use available federal, state and local programs for the recruitment and promotion of minorities, females, and persons with handicaps. 7. Analyze and remove all artificial barriers that may 'exist in job descriptions which tend to discriminate against females, and actively recruit fema~e~, for those positions traditionally veld by males. 8. Conduct a continuous review of job classifications to ensure job relatedness and the elimination of factors that would adversely affect minorities, females and persons with handicaps. - 9. Maintain all records of individuals no longer in the , employ of the City of La Porte and all application~~ for a period of not less than two (2) years. This is in accordance with Section 1602.36 of the Recordkeeping Regulations of the Equal Employment Opportunity Commission. 10. Submit quarterly reports to the City Manager indicating the status of the City's efforts to comply with the affirmative action plan, including efforts of various City 'departments to comply with the Plan, and any other pertinent data. The department heads c,-ill assist as follows: 1. Possess and exhibit a firm and good-faith effort in their commitment to and compliance with equal employment opportunity and affirmative action. • • 2. Coordinate with the Human Resources Office to ensure the appointment and promotion of qualified members of protected classes to th~sP....gasit~ons identified by one Human Resources Ffana~ger as being key positions in attaining the departments' affirmative action goals. 3. Coordinate with the Human Resources Office Lhe review and revision of their respective affirmative action workforce analysis to ensure compliance with the format designed by the Human Resources Manager. 4. Disseminate information and make the Plan available to all departmental employees. 5. Assist the Human Resources Division in the . recruitment of qualified minorities, females, and persons with handicaps. .. 6. Submit reports as requested to the Human Resources Manager, outlining each department's programs in attaining its affirmative action goals, a current utilization analysis, positions filled by appointment or promotion, positive efforts instituted to enhance affirmative action, and key positions targeted as affirmative action positions. V. TRAIPIING PROGRAMS Training must be a top priority, if the City of La Porte is to be committed to the upward mobility of all of its employees including minority, female, and handicapped employees. The Human Resources Division will work in conjunction with every City department to ascertain each departrtient's training needs and to develop programs to address those needs. All training will be coordinated by the Human Resources Division. • • tdithin ninety (90) days from the adoption of the Affirmative Action Plan by the City Council, the Human Resources Division shall prepare a plan outlining training courses and staff development programs needed to meet the City's Affirmative Action goals. This Plan shall incorporate existing courses and programs, as well as develop new ones. Project staffing and fiscal needs J required to implement the training and st2~ff development programs shall also be addressed. _~ _ L•Iithin sixty (60) days of its completion, the training plan shall be presented to the City Manager for review and to the City Council for approval and implementation. r All supervisors and executive staff will receive training in comprehensive aspects of affirmative action/equal employment opportunity within two (2) years. 1. The Hurnan Resources Division will be responsible for the developr.~ent of EEO training programs for all supervisors and executive personnel. Attendance will be required of all supervisory personnel. 2. Annual performance ~ evaluations will include participation in the EEO program. VI. RECRUITMENT The Hurnan Resources Division will initiate a vigorous recruitment effort to bring into City employment qualified and qualifiable minorities, females, and persons with handicaps. Recruitment efforts will be conducted in, but not limited to the Texas Ernployment Commission, the Texas Rehabilitation Commission, minority organizations, women's organizations, organizations dealing with handicapped persons, veterans' • organizations, local colleges and universities, and local personnel agencies. The local media will be used in an attempt to reach all areas in the community. The Human Resources Division will conduct recruitment trips, as necessary, to other locales in an effort to locate and offer employment to qualified minorities, females, and persons with handicaps. In order to ensure that minorities, females, and handicapped individuals are made aware of existing vacancies within the City of La Porte, the Hunan Resources Division ~ will immediately begin vigorous recruitment by performing the following: 1. Provide job vacancy announcements to each City department on~ a regular basis and ensure that each department displays these announcements immediately in areas accessible to all City employees. 2. Provide a job vacancy announcement to all local Texas Employment Commission offices, employment agencies, veterans' organizations, minority organizations, women's organizations, churches, local college and university personnel ~ offices, county and state personnel offices, organizations dealing with handicapped persons, and organizations dealing with the elderly. 3. Advertisement for key positions identified will be conducted in local newspapers--particularly those with a substantial minority readership. ~. Public service announcements will be produced on a periodic basis in tF~e local media to ensure that all areas of the community are made aware of existing i ~ VII. vacancies and of the City of La Porte's commitment to affirmative action and equal employment opportunity. In an effort to fill a vacancy by providing upward mobility for current employees including minority and female employees, initial c~nsi.deration for job placement will be given to departmental applicants. If the pcsiLion cannot be filled from this source, then secondary consideration will be .liven to any La Porte employee. Finally, if the position remains unfilled, it will then be available for any non-City applicant. All individuals being hired for these positions (with the exception of those in-house persons beinJ considered during the departmental phase of advertisement) must be referred to the Human Resources Division for processing prior to any formal offer of employment by the department experiencing the vacancy. DISSEMIPIATIO}J OF AFFIRMATIVE ACTION PLAN to all City of i n C ity of La lny interested be provided a upon written Copies of this Plan will be disseminated La Porte departments and shall be placed Porte Policy and Procedures t4anual. individual or agency or local group will copy of the Affirmative Action Plan request. VIII. ~ COtdl4U?dICATION OF THE PLAN It shall be the responsibility of the administration of the City of La Porte to communicate both internally and externally its Affirmative Action Plan. A. Internal comrnunication shall be conducted through the following means: .. • •1. A letter from the City Manager shall be sent to all employees introducing the Affirmative Action Plan. '. 2. Special employee meetings shall be held to discuss the program and answer questions. Special effort will be made to explain the program to every employee. 3. A memorandum along with a copy of the Affirmative Action. plan shall be sent to all supervisors informing them of their general responsibilities regarding this plan. '~i~. Affirmative Action shall be a topic of discussion at periodic staff meetings on at least a quarterly basis. .. , .' - ~~5. Periodic training sessions and meetings will be held to explain and discuss the progress and ramifications of the Affirmative Action, Plan. 6. Equal Opportunity Employment posters and the policy statement shall be posted in obvious places in City offices and facilities. 7. The Human Resources Division shall maintain an open door policy to all employees who have questions regarding this program. _, 8. Every employee shall be informed of the internal and external grievance procedures (TCHR, TDHR, EEOC), for handling complaints of discrimination. B. External communications the following means: shall be conducted through ., ~.. ,• 1. Equal opportunity employment posters and the policy statement on affirmative action shall be posted in places of application for City employment. 2. All employment advertisement shall contain the words "An Equal Opportunity and Affirmative Action Employer". '3. Employment application forms shall contain the above mentioned phrase. ~4. A letter of notification shall be sent to appropriate minority organizations and employment sources informing them of the City's affirmative action policy, asking for their active cooperation. The letter shall also state these ' sources shall be properly notified of job - openings. ~. A letter of notification boards, committees, established by the City, regarding any aspect administration informing Affirmative Action Plan support. shall be sent to all and/or commissions that have authority of human resources them of the City's and soliciting their • • RESOLUTION NO. 86-27 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 property, 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 he is hereby authorized to negotiate 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, the, and in that even, 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: • Resolution No. 86-27, Page 2 Those certain tracts or parcels of of La Porte, Harris County, Texas, or plat thereof, more particularly and bounds on Exhibit "A" attached ted by reference herein, and made all purposes. • land, in the Town according the map described by metes hereto, incorpora- 3 part hereof for Section 2. The City Council officially finds, determines, re- cites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statut- es 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 25th day of August, 1986. CITY OF LA PORTE . ~ ,~ gy ; ~f ~ or an Malo e, May ATTEST: . t~ City Secretary APPROVED: ~~ ~~ ' . City Attorney • 3.399 ACRE TRACT BEING PART OF THE JOHNSON HUNTER SURVEY, A-35 HARRIS COUNTY, TEXAS Being a 3.399 acre tract (148,074 sq. ft.) of land comprising the East 100.00 feet of Blocks 1213, 1226 and 1247 in the Town of La Porte as recorded in Volume 60, Pages 112 thru 115, Harris County Deed Records, including the streets as closed by Harris County Commissioner's Court on May 20, 1940 as recorded in Volume 5307, Pages 419 thru 422, Harris County Deed Records. The 3.399 acre tract of land as surveyed by H. Carlos Smith, Engineers & Surveyors. Inc., is more particularly described by metes and bounds as follows: Commencing at a 5/8 inch iron rod set for the Northeast corner of Block 1261; said corner being coincident with the West right-of-way line of Broadway (Old Highway P1o. 146) (based on a width of 100.00 feet) and the South right-of-way line of "S" Street (based on a width of 60.00 feet). Thence, West; coincident with the South right-of-way line of "S" Street; passing at 266.31 feet (Call 266 feet) a 5/8 inch iron rod set for the Northwest corner of Block 1261; passing at 1976.31 feet a 5/8 inch iron rod set for the Northeast corner of Block 1267 and from which a 1/2 inch iron rod was found 1.56 feet North and 1.10 A feet East; for a total distance of 2,302.31 feet to a 5/8 inch iron rod set for the Northeast corner of Block 1268 and the POINT OF BEGINNING and from which a 1/2 inch iron rod was found 1.82 feet North and 1.16 feet East. Thence, West; coincident with the South right-of-way line of "S" Street; a distance of 100.00 feet to a 5/8 inch iron rod set for the Southwest corner of this 3.399 acre tract. Thence, North a distance of 1480.74 feet (Call 1480 feet) to a 5/8 inch iron rod set for~the Northwest corner of this 3.399 acre tract. Thence, East; coincident with the North right-of-way line of "P" Street (based on a width of 80.00 feet); a distance of 100.00 feet to a 5/8 inch iron rod set for the Southeast corner of Block 1192. Thence, South; coincident with the West right-of-way line of 7th Street; passing at 538.99 feet a 1/2 inch iron rod found 1.45 feet East; for a total distance of 1480.74 feet to the POINT OF BEGINNING. ,: ~~P~ ~ 0 F T`'~9J, .•. ~•s~ru....u.. u....• . •~~ .:.~~ ~. JAh4ES F. BECK •O,t!i,t,,,........•u.. •..• JAMES F. BECK 2021 ' _ TEXAS REGISTERED PUBLIC SURVEYOR N0. 2021 G' :¢FC ~-rtf•~ •'4' DATE: JULY 2, 1986 °~'C~SUr~`~ ~y JOB N0. 1987-86 __ i • 20.35 ACRE TRACT BEING PART OF W. P. HARRIS SURVEY, A-30 HARRIS COUNTY, TEXAS Being a 20.35 acre tract (886,615 sq. ft.) comprising a portion of Blocks 1299 and 1300, all of Blocks 1293, 1294, 1295, 1301 and 1302 in the Town of La Porte as recorded in Volume 60, Pages 112 thru 115, Harris County Deed Records, including the alleys and streets as closed by Harris County Commissioner's Court on May 20, 1940 as recorded in Volume 5307, Page 419 thru 422, Harris County Deed Records. The 20.35 acre tract as surveyed by H. Carlos Smith, Engineers & Surveyors, Inc., is more particularly described by metes and bounds as follows: Commencing at a concrete highway monument found for the point of intersection of the West right-of-way line of Broadway (Old Highway 146) (based on a width of 120.00 feet) and the North right-of-way line of "R" Street (based on a width of 80.00 feet). Thence, West; coincident with the South boundary line of Block 1219 and the North x'ight-of-way line of "R" Street; a distance of 256.31 feet (Call 256.00 feet) to a 5/8 inch iron rod set for the Southwest corner of Block 1219. Thence, South; coincident with the East right-of-way line of First Street (based on a width o~ 60.00 feet); passing at 80.00 feet a 5/8 inch iron rod set on line and a 1/2 inch iron rod found 0.89 feet East; passing at 480.00 feet a 5/8 inch iron rod set on line; passing at 540.00 feet a 5/8 inch iron rod. set on line; passing at 940.00 feet a 5/.8 inch iron set on line; for a~total distance of 1020 feet to a 5/8 inch iron rod set for the Northwest corner of Block 1296, the Northeast corner of this 20.35 acre tract and the POINT OF BEGINNING. Thence, South; coincident with the West boundary line of Block 1296 and the East right-of-way line of First Street; passing at 400.00 feet a 5/8 inch iron rod set for the Southwest corner of Block 1296; passing at 460.00 feet a 5/8 inch iron rod set for the Northwest corner of Block 1299; for a total distance of 508.67 feet to a point for corner~in the centerline of the Harris County Flood Control District drainage ditch Unit A 104-12-01 as recorded in Volume 2153, Page 614, Harris County Deed Records. Thence, in a Southerly direction; with the centerline meanders of the drainage ditch; as follows: S 33° 53' 37" E; a distance of 67.79 feet to a point for corner; S 27° 02' S2" E; a distance of 86.90 feet to a point for corner; S 0° 07~ 31" E; a distance of 62.68 feet to a point for corner; S 15° 20' S8" W; a distance of 160.50 feet to a point for corner coincident with the North right-of-way line of Wharton Weems Boulevard and from which a concrete monument bears S 89° 48' 46" E; a distance of 162.96 feet. . Thence, N 89° 48' 46" W; coincident with the North right-of-way line of Wharton Weems Boulevard; passing at 94.51 feet a 1/2 inch iron rod found 1.13 feet South; for a total distance of 118.01 feet to a 5/8 inch iron rod set for a point for corner. Thence, in a Westerly direction; coincident with the North right-of-way line of Wharton Weems Boulevard; following a non-tangent curve to the left, said curve having a radius of 11,519.16 feet, a chord bearing of S 88° 51' 37" W, a chord distance of 430.15 feet and an arc distance of 430.19 feet to a concrete monument found for a point for corner. Thence, S 87° 50' 08" W; coincident with the North right-of-way line of Wharton Weems Boulevard; a distance of 485.24 feet to a 5/8 inch iron rod set for a point for corner. Page 1 of 2 • • Thence, North; coincident with the East right-of-way line of 4th Street (based on a width of 60.00 feet); a distance of 886.28 feet to a S/8 inch iron rod set for the Northwest corner of Block 1293 and the Northwest corner of this 20.35 acre tract. Thence, East; coincident with the South right-of-way line of "T" STreet (based on a width of 80.00 feet); a distance of 998.00 feet to the POINT OF BEGINNING. ~'`Q~ ~ 0 F T~"~-~ ~: ~.. . sr a `~~~~ . ........................... ~ JAIdES F. BECK ~f •C77 tff^I ..................r JAMES F. BECK 2021 TEXAS REGISTERED PUBLIC SURVEYOR N0. 2021 G'9fc~src~~'~'yo~ DATE. JULY 2, 1986 ~ C $~yc~ JOB N0. _ 1987-86 ~'- r: _ .. ~ ~ ~. Page 2 of 2 • ~ • 69.35 ACRE TRACT • BEING PART OF THE W. P. HARRIS SURVEY, A-30 HARRIS COUNTY, TEXAS Being a 69.35 acre tract (3,020,300 sq. ft.) of land comprising; a portion of those certain lots and blocks in the Town of La Porte as recorded in Volume 60, Pages 112 thru 115, Harris County Deed Records, including the alleys and streets as closed by Harris County Commissioner's Court on May 20, 1940 as recorded in Volume 5307, Pages 419 thru 422, Harris County Deed Records; a portion of those certain acreage tracts as recorded in Volume 3598, Page 14, and 3539, Page 42, Harris County Deed Records. _, . _ _ . . The 69.35 acre tract as surveyed by H. Carlos Smith, Engineers ~ Surveyors, Inc., is more particularly described by metes and bounds as follows: Commencing at 1/2 inch iron rod found for the Southwest corner of the abandoned Tidewood Subdivision, Section One as recorded in Volume 66. Page 61, Harris County Map Records; said corner being coincident with the North right-of-way line of McCabe Road (based on a width of 60.00 feet). Thence, N 0° 15' 09" E; coincident with the West boundary line of abandoned Tidewood Subdivision; a distance of 300.00 feet to a 5/8 inch iron rod set for corner of this 69.35 acre tract and the POINT OF BEGINNING. Thence,,: N 89° 49' 39" W; 300.00 feet North of and parallel with the North right- of-way line of McCabe Road; a distance of 724.56 feet to a 5/8 inch iron rod set for corner; said corner being coincident with the East right-of-way line of a 110.00 feet wide Harris County Flood Control easement as recorded in Volume 6642, Page 439, Harris County Deed Records. Thence, N 0° 41' 25" W; coincident with the East right-of way line of the Harris County Flood Control easement; a distance of 6.33 feet to a 5/8 inch iron rod set for corner. Thence, N 35° 34' 35" W; coincident with the East right-of-way line of Harris County Flood Control easement; a distance of 619.45 feet to a 5/8 inch iron rod set ,, for corner. • Thence, N 12° 55' 28" E; a distance of 853.78 feet to a 5/8 inch iron rod set for corner. Thence, S 89° 44' 02" E; 700.00 feet North of and parallel to the North boundary line of. abandoned Tidewood Subdivision; a distance of 1502.12 feet to a 5/8 inch iron rod set for corner. Thence, North a distance of 545.03 feet to a 5/8 inch iron rod set for corner. Thence, N 87° 50' 08" E; coincident with the South right-of-way line of Wharton Weems Boulevard; a distance of 489.77 feet to a concrete monument found for a point of curve. Thence, in an Easterly direction; coincident with the South right-of-way line of Wharton Weems Boulevard; following a non-tangent curve to the right, said curve having a radius of 11,399.16 feet, a chord bearing of N 88° 54' 26" E, a chord distance of 425.22 feet and an arc distance of 425.26 feet to a concrete monument found for a corner. Thence, S 89° 48' 46" E; coincident with the South right-of-way line of Wharton Weems Boulevard; passing at 23.86 feet a 1/2 inch iron rod found 0..96 feet South; for a total distance of 58.11 feet to a point for corner. Thence, in a Southerly direction; coincident with the centerline of the existing Harris County Flood Control District Drainage Ditch Unit A 104-12-01 as recorded in Volume 2153, Page 614, Harris County Deed Records; as follows: S 28° 37' 33" W; a distance of 100.40 feet to a point for corner; S 12° 46' S6" W; a distance of 157.60 feet to a point for corner; • • S 17° 09' 04" E; a distance of 75.68 feet to a point for corner; S 32° 55' 28" E; a distance of 96.83 feet to a point for corner; S 2° 17' 33" W; a distance of 197.88 feet to a point for corner; S 1.0° 47' 27" W; a distance of 337.43 feet to a point for corner; S 0° 33'. 53" E; a distance of 187.25 feet to a point for corner; S 4° 56' 22" W; a distance of 150.85 feet to a point for corner; S 11° 42' S4" E; a distance of 23.45 feet to a point for corner; S 7° 34' 16" W; a distance of 91.22 feet to a point for corner coincident with the North boundary line of the abandoned Tidewood Subdivision and from which a 1 inch iron rod was found S 89° 44' 02" E; a distance of 39.81 feet. Thence, N 89° 44' 02" W; coincident with the North boundary line of the abandoned Tidewood Subdivision; passing at 40.82 feet a 5/8 inch iron rod found 0.31 feet South; passing at 101.79 feet a 1/2 inch iron rod found 0.13 feet South; for a total distance of 1480.82 feet to a 1/2 inch iron rod found for the Northwest corner of the abandoned Tidewood Subdivision. Thence, S. 0° 15' 09" W; coincident with the West boundary line of the. abandoned Tidewood Subdivision; a distance of 540.30 feet to the POINT OF BEGINNING. ' ~.--~ of ~~ ~i JAMES F. BECK TEXAS REGISTERED PUBLIC SURVEYOR N0. DATE: JULY 2,.1986 JOB N0. 1987-86 20 21 Page 2 of 2 Srr.` ,~P`, '~~'r ~ J~~ ': 1 fir: ~ ~ .~..e..l .............:... JAMES F. BECK I!!!!r!cl.caa.r u.,.... w.. 2021 :~~ (y ?f ~~S : t~E.~ ~O • CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jack Owen, City Manager DATE: August 18, 1986 FROM: St Gillett, Acting Public Works Director SUBJECT: MUNI IPAL SANITARY LANDFILL CONTRACT The City of La Porte has a contract to dispose of municipal garbage with Hazelwood Enterprises, Inc. through September 30, 1986. This is the same contract used by the City of Baytown, with identical pricing per cubic yard. The City of Baytown recently signed a new contract with Hazelwood for identical terms and pricing structure, and Haze~.wood has agreed to sign an identical contract with the City of La Porte. I recommend that the City of La Porte execute a contract with Hazelwood Enterprises, Inc. to take effect on October 1, 1936 and expire on October 1, 1989, at the per cubic yard pricing structure. If you should have any questions, please advise. SG/lw attachments • • AGREEMENT FOR OPERATION OF SANITARY LANDFILL BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND HAZELWOOD ENTERPRISES, INC. THIS AGREEMENT for the operation of a sanitary landfill made and entered into at La Porte, Texas, as of the 1st day of October, 1986, by and between the CITY OF LA PORTE, TEXAS, a Texas Municipal Corporation, hereinafter called the "City", and HAZELWOOD ENTERPRISES, INC., a Texas Corporation, having its place of business in the City of Baytown, Harris County, Texas, and hereinafter called the "Contractor;" W I T N E S S E T H: WHEREAS, the City desires to dispose of municipal solid waste generated in the City; and WHEREAS, the City Council of the City of La Porte, Texas, did authorize the administration to negotiate a fixed-price contract for the disposal of the City of La Porte"s municipal solid waste with~the contractor; NOW, THEREFORE, In consideration of the mutual covenants and agreement herein recited, by each to be performed, it is hereby agreed by and between the parties hereto as follows: (1) DISPOSAL SITE. The Contractor hereby agrees to operate a sanitary landfill at a site located on a tract of land out of the Christian Smith Survey, A-69, being out of that certain tract conveyed to Charles Lee Liggett, et al, by deed recorded in Volume 5716 at Page 259, of the Deed Records of Harris County, Texas, described by metes and bounds in Municipal Solid Waste Permit No. 80, granted by the Texas State Department of Health to Contractor, (or at any other mutually agreed upon site), hereinafter called the "Landfill," for the complete handling, processing and • HAZELWOOD ENTERPRISES, INC. COST STRUCTURE October 1, 1986 to March 31, 1987 April 1, 1987 to March 31, 1988 April 1, 1988 to March 31, 1989 April 1, 1989 to October 1, 1989 $ 3.25 per 5.50 20$ $ 3.50 per 6.00 20~ $ 3.75 per 6.50 20$ $ 4.00 per 7.00 20$ cubic yard dewatered sludge cubic yard dewatered sludge cubic yard dewatered sludge cubic yard dewatered sludge disposal, by t~ sanitary landfill methodof municipal solid waste generated in the City of La Porte and collected by the City or its franchisee, according to all of the terms and provisions hereinafter contained. (A) Materials to be disposed of The Contractor shall accept for disposal all municipal solid waste, as that term is defined in Article 4477-7 V.A.T.S., the' Municipal Solid Waste Act, brought to the landfill site by the City or its franchisee. The Contractor may designate the location on the site at which material is to be unloaded. (B) Additional materials to be disposed of. The Contractor shall accept for disposal dewatered waste water sludge from the La Porte Treatment plant, with a minimum of 20~ solids contents, at the agreed upon per cubic yard fee in Part 3, "Compensation to Contractor." (C) Operation of disposal site The Contractor shall have the exclusive right to the use of and responsibility for the operation of the disposal site for the term of this Agreement or any extension thereof, subject to the following terms and provisions: (a) The Contractor shall furnish all labor, tools, equipment, and power for the operation of said landfill site, and shall be responsible for all necesssary maintenance thereof. Contractor shall operate the site according to accepted modern standards of a sanitary landfill operation and under the supervision of an experienced person so that it shall not become a nuisance or an offense to the City. Contractor shall maintain suitable roads within landfill site for truck traffic. (b) All garbage and Contractor shall be thoroughly operations. Sufficient auxili~ maintained on the site or kept operation in case of equipment of material to be handled. other refuse accepted by the compacted by equipment ary equipment shall be otherwise available to permit breakdown, or increased volume (c) The area shall be neat and sanitary at all times. (d) The Contractor agrees to comply with all laws, ordinances, and regulations of the State of Texas and with the terms and conditions of its permit applicable to the operation under this Agreement and to conform with the standards of operation as established by the U. S. Public Health Service, and agrees that all services rendered by it hereunder shall be rendered in a clean, sanitary, neat, courteous, and efficient manner and that it will instruct its employees accordingly. In the event that the Contractor shall wholly fail to dispose of garbage and other materials herein p~ided to be disposed of fo~a oeriod in PYnAae ~~ two (2) weeks, and provided such failure is not due to~war, insurrection, riot, strike, Act of God, or any other cause or causes beyond the Contractor's control, the City may, at its option after written notice to the Contractor, terminate this Agreement. (e) In the event that the City shall, without fault on its part, be made a party to any litigation arising as the result of failure of the Contractor to comply with any provisions of this contract or by reason of the Contractor's operation or use of the subject premises (other than as provided for herein) brought by or against the Contractor, then the Contractor shall pay all reasonable costs and attorney's fees necessarily incurred by the City in defense of such litigation, and shall save and hold City harmless from any liability therefrom. (D) Nuisance-free operations F_ The landfill shall be operated by the Contractor in a nuisance-free manner, and in a manner such as not to generate or produce any objectionable or offensive odors, noise, smoke or fumes objectionable outside the landfill premises, and in a manner meeting and complying with all valid, non-discriminatory and generally applicable ordinances, regulations, and laws of the Health Department of the City and other regulatory bodies having jurisdiction of the Contractor's operations hereunder, which may be from time to time in effect and applicable to Contractor's operations. Conditions unfavorable for the production of insects and rodents shall be maintained by carrying out routine landfill operations promptly in a systematic manner. Supplemental vector control measures shall be instituted whenever necessary. (2) TERM OF AGREEMENT. This Agreement shall be for a period of three 3 years beginning October 1, 1986, and ending September 30~ 1989. (3) COMPENSATION TO CONTRACTOR. As full compensation to the Contractor for operation of the above referred to landfill by the Contractor, the City agrees to pay to the Contractor in accordance with the following schedule: October 1,.1986 to March 31, 1987 $3.25 per cubic yard April 1, 1887 to March 31, 1988 5.50 $3.50 20~ per dewatered cubic yard sludge April 1, 1988 to March 31, 1989 6.00 $3.75 20% per dewatered cubic yard sludge April 1, 1989 to October 1,'1989 6.50 $4.00 20~ per dewatered cubic yard sludge 7.00 20% dewatered sludge Payment shall be based on the number of cubic yards of municipal solid waste delivered to contractor under the terms of this Agreement, it ~ing further specifically ~derstood and agreed b and between the y parties, with respect to the aforesaid compensation that the compensation to be paid will be based upon predetermined refuse truck capacities which are agreed upon between the Contractor and the City. In the event Contractor and city are unable to reach a mutually acceptable arbitrator, each party shall nominate one arbitrator and the arbitrators so nominated by the parties shall select a third arbitrator who will act~with them as a three-member arbitrator panel to decide the disagreement between the parties by the concurrence of a majority of such panel. Costs for such arbitration shall be borne equally by Contractor and City. (A) Open hours and holidays. The Contractor shall keep the site open for the receiving of municipal solid waste from 7:30 a.m. to 4:30 p.m. Monday through Friday and 8:00 a.m. to 12:00 noon Saturdays, except holidays. (B) Time of payment. The Contractor shall invoice the City monthly, invoices to be submitted as the last of each month, accompanied by tickets which are collected by Contractor as refuse trucks make deliveries, and shall include the last full week of each month. Invoices shall be paid by the City monthly, not later than the 10th of the ' month following the month for which the invoice is rendered. (C) Contractor shall accept for disposal all residential and commercial garbage and trash generated in the City of La Porte including that collected by private haulers and that brought to the landfill by private citizens and shall make a reasonable charge to disposal therefore, which charge shall bear a reasonable relationship to the charges made to the City hereunder. (4) INSURANCE AND WORKMEN"S COMPENSATION. It is understood and agreed between the parties that, in entering into the foregoing Agreement, the Contractor is acting as an independent Contractor and is in no way the agent or employee of the City. In this respect, it is also agreed as follows: (A) Liability Insurance. The Contractor shall be responsible for any personal injury to any person and for any damage to property suffered by the public or by any private person that may be sustained through, or on account of, any negligence, failure or fault of the Contractor, or its agents or servant, in complying with and carrying out the terms of this contract,' and for any negligence which may occur as a fault of the Contractor, and Contractor shall save and hold harmless City from any such liability, and the Contractor shall carry Public Liability Insurance in an amount not less than $300,000.00 for injuries, including accidental death, to any one person and, subject to the same limit for each person, in an amount not less than $500,000.00 on account of any one ~ident, and property damag~insurance in an amount not less than $10,000.00 for each claim, and $250,000.00 for each accident. The Contractor shall submit~to the City, promptly after the execution of this Agreement, Certificates of Insurance, protecting both the City and the Contractor from such risks, in a company acceptable to the City. (B) Worker's Compensation Insurance. The Contractor shall maintain Worker's Compensation Insurance, in an amount as will fully comply with the laws of the State,of Texas, and which shall protect both the Contractor and the City from any loss, claim or damage arising from any injuries or occupational disease happening to any workman employed by the Contractor in the course of carrying out the within contract, satisfactory evidence of such insurance in an acceptable company to be submitted to the City promptly after the execution of this Agreement. (C) Notice to City. The Contractor shall furnish City Certificates of Insurance, and the terms of the insurance policies issued to provide the above insurance coverage, shall provide that said insurance cannot be cancelled by the carrier, for non-payment of premiums or otherwise, without fifteen (15) days' prior written notice of cancellation to the City. - (5) NOTICES. Whenever, under this contract, provision made for notice of any kind, it shall be deemed a sufficient notice and service thereof if the said notice is in writing deposited in the mail in a properly stamped envelope to be delivered by certified mail, addressed as follows: If to the City ----- City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, Texas 77571 If to the Contractor ----- HAZELWOOD ENTERPRISE, INC. P.O. Box 838 Baytown, Texas 77520 is and is Changes in the respective addresses to which such notices shall be directed may be made from time to time by either party. Notice of any such change in address shall be directed to the other party in writing by certified mail. (6) ASSIGNMENT OF CONTRACT. It is agreed that, after execution of this contract for the within sanitary landfill, this • contract may assigned by the City to a~orporation or person (franchisee) which shall be franchised to collect residential municipal waste within the City of La Porte. The City shall, however, remain fully liable and responsible for undertakings, Cg~eement, and obligations herein provided to be performed by the Y• IN WITNESS WHEREOF, the City has caused this contract to be executed in its name by its Mayor, and its official seal to be hereunto affixed and attested by its City Secretary, the City hereby warranting same to be duly authorized by the proper and valid act of the City Council of the City, and the Contractor has caused this Agreement to be executed by its President, and it corporate seal to be hereunto affixed and attestd by its Secretary, the Contractor hereby warranting same to be duly authorized by the proper and valid act of the Board of Directors of the Contractor. EXECUTED in several duplicate originals, the date first above written. CITY OF LA PORTE BY: Mayor ATTEST: City Secretary HAZELWOOD ENTERPRISES, INC. .~ ~ V~,ee-Pne~s~.devr~ Gene B. Hazelwood, Pr sident ATTEST: Secretar U • CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jack Owen, City Manager, DATE: August 18, 1986 FROM: Sts Gillett, Acting Public Works Director SUBJECT: TYP IV LANDFILL CONTRACT The City of La Porte currently has a fixed price contract with Hughes Sand Pits, Inc. to dispose of brush, construction demolition wastes, and other debris not requiring disposal at a Type I municipal landfill. The contract began on October 1, 1983 and expires September 30, 1986, and allows for a $2.00 per cubic yard fee. Hughes Sand Pits, Inc. has agreed to sign a new three (3) year contract, and has agreed to continue charging $2.00 per cubic yard. I recommend that the City of La Porte execute a three (3) year, fixed- price contract with Hughes Sand Pits, Inc. SG/lw attachments • • AGREEMENT FOR OPERATION OF SANITARY LANDFILL By and Between THE CITY OF LA PORTE, TEXAS and HUGHES SAND PITS, INC. THIS AGREEMENT entered into as of the 1st day of October, 1986, by and between HUGHES SAND PITS, INC., a Texas corporation, JAMES B. HUGHES, Individually (hereinafter collectively called "Hughes"), and the CITY OF LA PORTE, TEXAS, a home rule City duly organized and existing pursuant to the Constitution and laws of the State of Texas (hereinafter called "City"), W I T N E S S E T H: WHEREAS, the City has immediate need of a location suitable for disposal of its brush and construction-demolition wastes; and WHEREAS, Hughes has and maintains a Type IV sanitary landfill site capable of meeting the City"s needs; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Hughes and the city agree as follows: I. DISPOSAL SITE Hughes hereby agrees to operate Type IV trash disposal landfill at a site located at 2122 Genoa-Red Bluff Road, Houston, Texas, described by metes and bounds in Municipal Solid Waste Permit No. 150, granted by • • the Texas State Department of Health to Hughes (or at any other mutually agreed upon site), hereinafter called the "Landfill," for the complete handling, processing and disposal, by the sanitary landfill method, of municipal trash/rubbish generated in the City of La Porte and collected by the City or its franchisee, according to all of the terms and provisions hereinafter contained. II. MATERIALS TO BE DISPOSED OF Hughes shall accept, upon compliance of the City with the terms and conditions in this instrument, all of the City"s brush and construction-demolition wastes, but not including tires, hazardous wastes, household garbage, nor barrels. III. OPERATION OF SITE (A) Hughes will have the exclusive right and responsibility to operate the landfill site in compliance with the provisions of this Agreement. (B) Hughes will operate the landfill site in compliance with the rules and regulations of the Texas State Department of Health regarding minimum standards of operation for Class IV sanitary landfills, and the requirement of other State and Federal agencies pertaining to the disposal of solid wastes, and shall comply with all the laws of the State of Texas and the ordinances of the City of Pasadena and will maintain current all necessary and required licenses and permits for the operation of a Type IV sanitary landfill. (C) Hughes shall furnish all labor, tools, and equipment necessary to operate the site and shall be responsible for all required maintenance thereof. Supervision by an experienced person shall be provided at all times when the sanitary landfill is open for use or operation. IV. COMPENSATION As full compensation to Hughes for operation of the above referred to landfill by Hughes, the City agrees to pay to Hughes Two Dollars • ($2.00) per cubic yard. Payment shall be based on the number of cubic yards of municipal trash/rubbish delivered to Hughes under the terms of this Agreement, it being further specifically understood and agreed by and between the parties, with respect to the aforesaid compensation that the compensation to be paid will be based upon predetermined refuse truck capacities which are agreed upon between Hughes and City. V. HOURS OF OPERATION Hughes agrees to maintain the landfill site, the subject of this Agreement, open to the City on the following schedule: Monday through Friday Saturday Sunday 7:00 a.m. to 6:00 p.m. 7:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. except Thanksgiving and Christmas, which shall be holidays and not subject to the referenced schedule. Hughes further and specifically agrees that it will use its best efforts to maintain all roads and entrance to the site accessible and in a good state of repair. VI. TERM The initial term of this Agreement shall be for three (3) years, beginning October 1, 1986, or upon earlier execution by both parties hereto, and ending September 30, 1989• VII. INSURANCE AND INDEMNIFICATION (A) Hughes agrees to furnish the City with certificates of insurance evidencing that Hughes maintains public liability insurance in the amount of at least One Hundred Thousand Dollars ($100,000.00) for personal injury and property damage. Hughes further agrees to • provide City with being maintained Agreement. • • certificates evidencing worker's compensation is on each of its employees throughout the term of this (B) Hughes hereby agrees to hold the City harmless from any and all liability that may arise as a result of operation of the site and further agrees to indemnify the City therefor. VIII. BOOKS AND RECORDS Hughes will maintain such books and records as necessary to substantiate its claims for compensation under Paragraph IV hereof. Each operator of City vehicles will be provided a numbered receipt at the time of his use of the site. Hughes further agrees to provide such additional reasonable information as the City acting through its Director of Public Works might request to substantiate Hughes" claim for compensation hereunder. EXECUTED in several duplicate originals, the date first above written. CITY OF LA PORTE BY: Mayor ATTEST: City Secretary ATTEST: P~ HUGHES SAND PITS, INC. BY: James Hugh s, P sident L~ '~ ~~~; H. CARLOS SMITH ENGINEERS AND SURVEYORS, INC. 718 SOUTH BROADWAY P. O. BOX M LAPORTE,TEXAS 77571 PHONE A/C 713 471-4226 August 12, 1986 Mr. Stan Sherwood Director of Parks and Recreation City of La Porte La Porte, Texas 77571 Dear Mr. Sherwood: I have investigated the following described properties which will comprise the City of La Porte Park site in the Lomax Area. 1. The South 50 feet Outlot 401 2. Outlots 402, 403 and 404 3. Part of Outlot 417 All property being in the La Porte Outlots, Enoch Brinson Survey, A-5, Harris County, Texas. We would perform a boundary survey of the above described tracts under a Category IA, Condition II spec if ications according to the Texas Surveyors Association Manual of Practice for Land Surveying in Texas. Two maps of the survey plat will be prepared indicating the results of the survey. One plat being of the North portion of Outlot 417 West of Big Island Slough. The other map will cover the entire park site. This will include locations on Big Island Slough which has a specified width but no exact metes and bounds location and the Humble Pipeline Crossing Outlot 402. The overall plat will be prepared on a scale of 1" = 40 feet which should be of adequate size for future park facility design. A metes and bounds description will be prepared to cover that portion of Outlot 417 West of Big Island Slough and to cover the overall park site. For this professional surveying service we would be paid a fee of ($5,406.08) five thousand four hundred six dollars and eight cents. I wish to thank you for considering our firm in regards to your surveying needs on this project and look forward to working with the City staff should you select our firm to perform this professional service. • ~ ~ ~ . ti I~ti.a ~'~E,'~~I~AB~~~ Very truly yours, ~~ z. ~~/~~ / ~/ James F. Beck Vice-President e /- U CITY OF LA PORTS - INTER-OFFICE MEMORANDUM T0: All Department Heads FROM: Jack Owen, City Manager • DATE: 2/6/86. SUBJECT: Land Acquisition for all City Projects Premature discussions with property owners and citizens concerning possible sites for facilities, rights-of-way or easements can result in speculation on the property. We must avoid this activity. The following process will be adhered to: 1. Department Heads should identify the property required for their projects and submit the proposed site to the City Manager through the Capital Improvements Program coordination committee consisting of the involved unit, the Project Manager, Director of Community Development and the Assistant City Manager. 2. After I have taken the proposed site to the Council for tentative approval our City Attorney will coordinate an appraisal of the property. 3. The appraisal report will then be taken to the Council by the City Manager after the CIP Coordination Committee has reviewed it and prepares a written recommendation to the City for purchase. 4. If the Council approves purchase and/or condemnation I will provide the City Attorney with a written authorization to proceed with a landman to contact the property owners. Step four represents the first contact with the property owners and public statement of intent to secure the property. The taking resolution passed at this point prohibits speculation in property values. Section K of the CIP Manual should be revised to reflect the content of this memorandum. ~ack Owen City Manager RH/jb •-_ ~r • • Y~ LAND AC UISITION FOR ALL CITY PROJECTS POLICY OBJECTIVE: To provide for an orderly flow plan to assure that land acquisition for City projects are initiated only on approval of the City Manager and/or City Council; to assure proper input from all parties involved; to assure property is timely acquired. I. Guidelines A. Department Heads shall identify the property required for a project and submit the proposed site to the City Manager through the Capital Improvements Program Coordination Committee. (Committee consists of the involved unit, the project manager, Director of Community Development, and the Assistant City Manager.) B. Upon reviewing the proposed site the City rianager will submit the proposed site to the City Council for tentative approval. C. The City Manager will request the City Attorney to coordinate an appraisal of the property. D. The Appraisal Report shall be taken to the Council by the City Manager after the CIP Coordination Committee has reviewed it and prepared a written recommendation for purchase to the City Manager. E. If the City Council approves purchase and/or condemnation the City Manager will provide the City Attorney with a written authorization to proceed with a landman to contact the property owners. Further Consideration: Section K of the Capital Improvements Projects Manual shall be revised to reflect this policy. 2/86 • • CITY OF LA PORTE INTER-OFFICE MEMORANDUM AUGUST 21, 1986 TO: Jack Owen, City Manager THROUGH: John Joerns, Interim CIP Coordinator FROM: Stan Sherwood, Parks and Recreation Director ~~ SUBJECT: Professional Services Boundary Survey for .Northwest Park CIP Prodject # 86-5202 The .council has reviewed and approved the re- commendations from SWA regarding the configuration of the lands proposed as scenario one (1) and two (2) for Northwest Park (Lomax area). Council concurred with SWA's recommendation and instructed the City Manager and City Attorney to proceed with the land acquisition. Prior to ordering the appraisal a boundary survey must be completed. The survey will encompass the entire proposed park site (approximately 2 acres) and will also be utilized for the master planning of the park. H. Carlos Smith Engineering and Surveyors has submitted a proposal to provide a boundary survey, metes and bounds description, setting of property corners, and survey plots. I recommend that Council accept this proposal and award the contract to H. Carlos Smith Engineering and Surveyors in the amount of $5,406.08. SS/mm b • 1985 Bond Funds Budget for Northwest Park: Total Allocations $900,000 CIP Project #86-5202 Northwest Park 011-800-802-100 Administration 011-800-802-130 Professional Services 011-800-802-500 Construction Constracts 011-800-802-508 Engineering/Architecture 011-800-802-831 Land TOTAL LOMAX COMMUNITY PARK: -0- 9,500 378,450 44,500 467,550 $900,000 DATE: AUGUST 22, 1986 REVISED: CITY OF LA PORTE INTER-OFFICE MEMORANDUM • TO: Richard Hare, Assistant City Manager DATE: August 21, 1986 FROM: Bert Clark, Parks Superintendent SUBJECT: REPLACEMENT OF AIR CONDITIONING UNIT The air conditioning heating unit at Evelyn Kennedy Civic Center that needs replacing is a ten (10) ton Tappan Model RTA-120-30031-C. Determining the exact period of time that unit has been in service is impossible, there is no available documentation concerning purchase or installation. However, we have been able to ascertain that the unit has been in service a minimum of ten (10) years. Moore Refrigeration and Barretts Air Conditioning have both inspected the existing Tappan unit and have found that the two (2) compressors are irrepairable and must be replaced at a cost of $1,000.00 each. The coils are contaminated with burnt oil and freon which although could be flushed at a cost of $600.00, would still not place the unit in a status that could be considered reliable. Currently we have $6,500 in the contingency account 001-607-607-900 available for replacement of the unit. Bids were taken on a ten (10) ton heat pump unit. The bid invitations were mailed to six (6) different firms. We received five (5) bids. The low bidder was Barretts Air Conditioning for $6,324.00 with a 2~ discount for prompt payment. It is anticipated that the installation will be accomplished within five (5) days. I recommend we accept low bid. If you should have any questions, please call me. BC/lw _, • INTER-OFFICE MEMORANDUM AUGUST 12, 1986 T0: Stan Sherwood - Director of Parks and Recreation FROM: Tim Blackwell - Purchasing Agent SUBJECT: Sealed Bid 40156 - Air Conditioning Unit Advertised, sealed.bids #0156 for a ten ton high efficiency, self contained condensing unit were opened and read in Council Chambers on August 11, 1986 at 4 :00 p.m. Bid invitations were mailed to six (6) area service companies with the following five returning bids: (1) Barrett's Heating & A/C, (2) Solartronics, (3) Coastal A/C, (4) Arvell Moore A/C, (5) Bayport Sheet Metal A/C & Heating. Low bid meeting all specifications was submitted by Barret.t's Heating and A/C in the amount of $6,324.00 with a 2~ discount for prompt payment. I recommend that the bid be awarded to low bidder meeting all specifications; Barrett's Heating and A/C. 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. Attachment: Bid Tabulation TB/mb cc: R. Hare - Assistant City Manager _~ 8eale~ Bid #0156 • 10 Ton Air Conditioning Unit Barrett's Solar- Coastal Arvell Bayport Heating &~ tropics A/C Moore A/C Sheet Metal A/C A/C & Heatin ** 1. Ten ton hi h efficient , self- 6,324.00 6,597.00 6,986.72 6,541.00 6,771.02 contained condensin unit er specs. 2. Warrant Parts & Lab 1 yr. 5 yrs r Parts & Labor 1 yr. Parts ~ labor 1 yr. ar s a l yr. 5 yrs. y s. arts 1 y on compress r yrs. on compress 5 yrs. r compr. on compr. a or 3. Com letion time in days 5 days 30 da s 3 da s 10 da s 5 days 4. Indicate discount for prompt payment 2z SX 2~ for Cas -- 2z ** Denotes Low Bid .' THE CITY OF LA PORTE MEMORANDUM AUGUST 19, 186 T0: Ste Gillett, Acting Director of Public Works ~~' FROM: B~fldy Jacobs, Water/Wastewater Superintendent SUBJECT: Electrical System Renovation of Water Well No. 3 The bids for the electrical system renovation of Water Well No. 3 were opened at 4:00 PM on August 18, 1986. The only bidders were Bayshore Electric and Tex-All Electric. This electrical system is old and has much out-dated equipment that has proven to be very difficult to locate repair parts. The system was evaluated by Mr. Harold McConnell, P.E. and, at our request, he prepared plans and specifications for the bidders to follow. The planned work should result in a power cost savings that will allow the cost of the renovation to be recouped in approximately three (3) years. Additionally, we will have a very sound electrical system at this well site. I recommend that we award the bid to the lowest bidder meeting specifications; Tex-All Electrical Cor_tractor-s for $9,629.00 for renovation and $829.00 for alternate number one: Motor feeder replace- ment, should it be necessary. Should you desire further information, please advise. BJJ/nb Enclosure: (1) Recommendation from Tim Blackwell, P.A. • INTER-OFFICE MEMORANDUM August 19, 1986 T0: Buddy Jacobs - Water/Wastewater Superintendent FROM: Tim Blackwell - Purchasing Agent .i~ _' ~ .-~~,c~L.~ SUBJECT: R.F.P. #0009 - Electrical System Renovation of Water Well ~~3 Advertised, sealed proposals for electrical system renovation of Water Well 4~3 were opened and read in Council Chambers on August 18, 1986 at 4:00 p.m. Request for proposals were mailed to six electrical contractors with the follow- ing two returning proposals: (1) Bayshore Electric Co. and (2) Tex-All Elec- trical Contractors. I recommend that the contract be let to the lowest bidder meeting specifica- tions; Tex-All Electrical Contractors for $9,629.00 for renovation, and $829.00 for motor feeder replacement. 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 regualr 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 cc: Richard Hare R.F.P. ~~0009 ' Bayshore Tex-All Wilco Fisk Elec. Vista Elec' Bay Area ELECTRICAL SYSTEM Electric Electric Const. Elec. RENOVATION WELL 4~3 I ** '~ i t 1 ~, I , 1 1. TOTAL PRICE TO RENOVATE 11,896.00 9,629.00 No Bid No Bid No Bid No Bid ELECTRICAL SYSTEM WELL 4~3 2. Completion Time 4=6.~Weeks 120 Days Lab 3. Warranty or days 1 Yr. Equip yr 4. Terms due upon completion net ue upon compl - tion ** Denotes Low Bid 5. Alternate 4~1 (replace 601.80 829.00 existing motor feeder