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1988-01-25 Regular Meeting
MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JANUARY 25, 1988 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Betty Waters, John Lloyd, Ed Matuszak, Deotis Gay, B. Don Skelton, Jerry Clarke Members of City Council Absent: Councilpersons Alton Porter and Mike Shipp Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Administrative Assistant to the City Manager Janie Luna, Director of Community Development Joel Albrecht, Director of Public Works Steve Gillett, Assistant Director of Public Works Buddy Jacobs, Police Chief Charles Smith, Finance Officer Jeff Litchfield, Director of Parks and Recreation Stan Sherwood, Purchasing Manager Louis Rigby, Human Resources Manager Doug de la Morena, CIP Manager Dr. Ross Cox Others Present: Estevan Montelongo and family members; Dr. Genie Suhr; Melissa Doyle, Bayshore Sun; 5 citizens 2. The invocation was given by Councilperson Waters. 3. Council considered approving minutes of the public hearings and regular meeting held January 11, 1988. Motion was made by Councilperson Waters to approve the minutes of January 11 as presented. Second by Councilperson Lloyd. The motion carried, 5 ayes and 0 nays (Councilpersons Matuszak and Gay had not yet taken their places at the Council table). Ayes: Councilpersons Waters, Lloyd, Skelton, Clarke and Mayor Malone Nays: None 4. At this time, the Mayor called Estevan Montelongo to come forward for a special presentation upon his retirement from City employment. Minutes, Regular Meeting, La Porte City Council January 25, 1988, Page 2 Mr. Montelongo and his family members came forward and the Mayor gave a brief summary of Mr. Montelongo's achievements during his 18 years' employment. City Manager Bob Herrera then read a plaque of appreciation and presented it to him. Curtis Herrod presented Mr. Montelongo a watch from the City in appreciation of his service to the City. Mr. Montelongo thanked members of Council and the City for their consideration and expressed his pleasure at having worked for the City of La Porte. 5. Dr. Genie Suhr addressed Council regarding the animal ordinance and thanked them and members of staff for their hard work in revising the ordinance to benefit the most citizens. 6. Council considered an ordinance granting a pipeline permit to Union Carbide, Inc. The City Attorney read: ORDINANCE 915-Z - AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-A-3 OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION", BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25, 1975, TO CONSTRUCT AN 8-INCH PIPE LINE FOR THE TRANSPORTATION OF HYDROGEN; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Waters to adopt Ordinance 915-Z as read by the City Attorney. Second by Councilperson Lloyd. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Gay, Skelton, Clarke and Mayor Malone Nays: None 7. Council was to consider an ordinance setting a speed limit on Fairmont Parkway. At the request of the City Manager to table this until the next regular meeting, motion was made by Councilperson Clarke to table the item. Second by Councilperson Gay. The motion carried, 7 ayes and 0 nays. Minutes, Regular Meeting, La Porte City Council January 25, 1988, Page 3 Ayes: Councilpersons Waters, Lloyd, Matuszak, Gay, Skelton, Clarke and Mayor Malone Nays: None 8. Council considered an ordinance amending the previous "Animal and Fowl" Ordinance 1559. The City Attorney read: ORDINANCE 1559-A - AN ORDINANCE AMENDING SECTION 5-27, "LICENSE AND VACCINATION REQUIRED", OF CHAPTER FIVE OF THE "ANIMALS AND FOWL" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, ALTERING REQUIREMENTS FOR RETAINMENT OF ANNUAL LICENSES, ALTERING FEES REQUIRED TO BE PAID TO THE CITY OF LA PORTE TO OBTAIN ANNUAL LICENSES, AND CREATING A REGISTRATION LICENSE FOR DOGS OR CATS OVER SIX WEEKS OF AGE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Skelton to adopt Ordinance 1559-A as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Gay, Skelton, Clarke, and Mayor Malone Nays: None Administrative Assistant to the City Manager Janie Luna presented a brief report on the current revenues that have been collected in connection with the Animals and Fowl ordinance. 9. Council considered approval of continuing a lease agreement with the Texas Department of Human Resources. Motion was made by Councilperson Gay to approve the lease agreement with the Texas Department of Human Resources. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Minutes, Regular Meeting, La Porte City Council January 25, 1988, Page 4 Ayes: Councilpersons Waters, Lloyd, Matuszak, Gay, Skelton, Clarke and Mayor Malone Nays: None 10. Council considered entering into an interlocal agreement with Houston -Galveston Area council for purchase of items through H-GAC cooperative purchasing program. Motion was made by Councilperson Skelton to approve entering into an interlocal agreement with H-GAC. Second by Councilperson Matuszak. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Gay, Skelton, Clarke and Mayor Malone Nays: None 11. Council considered approving purchase of 15 mobile two-way radio receiver/transmitters through interlocal agreement with H-GAC. Motion was made by Councilperson Waters to approve the purchase of 15 mobile two-way radios through H-GAC. Second by Councilperson Lloyd. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Gay, Skelton, Clarke and Mayor Malone Nays: None 12. Council considered setting a run-off election date. After discussion, motion was made by Councilperson Skelton to set a run-off election date as the third Saturday in May and to use paper ballots for the absentee voting period for the run-off. Second by Councilperson Lloyd. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Gay, Skelton, Clarke and Mayor Malone Nays: None Minutes, Regular Meeting, La Porte City Council January 26, 1988, Page 5 13. Council considered employment of Turner Collie & Braden, Inc., as an expert and consulting engineering firm to assist in the settlement and trial of the Tinker Industries, Inc., VS Jess Lovelace lawsuit. Motion was made by Councilperson Clarke to approve the employment of Turner Collie & Braden to assist in the Tinker Industries. Inc VS Jess Lovelace lawsuit. Second by Councilperson Gay. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Gay, Skelton, Clarke and Mayor Malone Nays: None 14. Council considered payment for emergency repairs completed by McKey Construction on the collapsed 8" sanitary sewer line located on "H" Street between Iowa and Kansas. Motion was made by Councilperson Skelton to approve payment to McKey Construction for emergency repairs. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Gay, Skelton, Clarke and Mayor Malone Nays: None There was some discussion of certain line item expenses, namely pay scale. Staff will review these and if there is a discrepancy, will report back to Council. 15. Council considered approving a street light layout for Spenwick Place subdivision. Motion was made by Councilperson Lloyd to approve the street light layout for Spenwick Place subdivision as it was presented by staff. Second by Councilperson Waters. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Gay, Skelton, Clarke and Mayor Malone Nays: None • Minutes, Regular Meeting, La Porte City Council January 25, 1988, Page 6 16. Council considered award of Bid Package #3, wave generating equipment for Little Cedar Bayou Park. Motion was made by Councilperson Matuszak to award Bid Package #3, wave generating equipment, to Aquatic Amusement Associates. Ltd.. in an amount not to exceed $128.500. Second by Councilperson Skelton. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Gay, Skelton, Clarke and Mayor Malone Nays: None 17. Council considered approving rejecting bids for purchase of a new copy machine. Motion was made by Councilperson Skelton to reject all bids for purchase of a new copy machine. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Gay, Skelton, Clarke and Mayor Malone Nays: None 18. The City Manager asked for a workshop meeting on February 1 to review the recently completed Utility Rate Study. He also asked that Council complete their review of the emergency response pamphlet and forward their comments to him so that the pamphlet can be printed and distributed as soon as possible. John Joerns presented an updated from the Planning and Zoning Commission on the six-month review of the zoning ordinance and map and on the proposed sign ordinance. He also announced a meeting on January 26 with area business people regarding the reconstruction plans for the widening of Broadway Street. Councilmembers had no items to report. 19. There being no further business to come before the Council, the meeting was duly adjourned at 7:00 P.M. • 0 Minutes, Regular Meeting, La Porte City Council January 25, 1988, Page 7 Respectfully submitted: Cherie Black, City Secretary Passed & Approved this the 8th day of February, 1988 Norman L. Malone, Mayor 0 • ESTEVAN MONTELONGO, JR. T. WORK HISTORY: A. Employed by City November 24, 1969 in the Water/Sewer Depts. B. Was involved in the operation and maintenance of all the City"s Lift Stations, Water Wells and Treatment Plant. C. Placed in charge of all Lift Station maintenance, 1981. D. Formally promoted to current position of Lift Station Leadman, 1982. II. PROFESSIONAL ACCOMPLISHMENTS: A. Has attended numerous Texas A & M Water/Wastewater schools on his own time. B. Has attended Texas Water Utilities Association Annual Short Schools in both Colle7e Station and Beaumont. C. Past member of Texas Water Utilities Association and the Gulf Area Utilities Association. MILITARY SERVICE: A. Veteran of World War II B. Served in the U.S. Army, August 1944 - February 1946 C. Honorably discharged AWARDS: A. Public Works Employee of the Month - June 1982 F. City of La Porte Employee of the Quarter - December 1984 C. City of La Porte Employee of the Year - August 1985 A. Cooking B. Fishi.nF REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 25, 1988 Requested By: Steve Gillett g/japartment: Report Resolution Public Works X Ordinance Exhibits: 1. Permit application from Union Carbide Corporation. 2. Vicinity map of proposed pipeline. 3. Ordinance 915-Z. SUMMARY & RECOMMENDATION Union Carbide requests a pipeline permit to install, operate and maintain a pipeline over and across the land within the City of La Porte as shown in Exhibit 2. Union Carbide Corporation states that the pipeline will be installed, operated and maintained in accordance with all Federal,State and local regulations. The pipeline, eight inches (8") in diameter, will transport hydrogen at a design pressure of 720 PSIG and a design temperature of 100' F. Staff recommends approval of the requested pipeline permit. The permit application meets all of the requirements of Ordinance No. 915 governing pipeline permit requirements, including the THREE HUNDRED DOLLAR ($300.00) application fee. Action Required by Council: Approve Ordinance granting a pipeline permit to Union Carbide Corporation. Availability of Funds: General Fund Capital Improvement Other Account Number: Water/Wastewater General Revenue Sharing Funds Available: YES NO Approved fo-PCity Council Agenda 40K�W — - — %4/zg8 art Herrera DATE ity enager s v CHECK NO. VENDOR INVOICE DESCF N GROSS AMOUNT DISCOUNTS, RETENTIONS NET AMOUNT PAYMENTS TO DATE THIS CHECK Union Carbide Pipeline Permit Fee - Job #452RI $300.00 GROSS AMOUNT TOTALS $300.00 NET AMOUNT UNIVERSAL TELEX 9102505736 NATIONAL WATTS 1-800-624-7396 TEXAS WATTS 1-800-237-1008 • FAX 713-895-7110 January 12 , 1988 8700 JAMEEL • SUITE 150 • HOUSTON, TEXAS 77040.713-895-8146 y P.O. BOX 40340 • HOUSTON, TEXAS 77240-0340 City of La Porte P.O. Box 1115 La Porte, TX 77571 Attention: Mr. Steve Gillett Director of Public Works RE: Application for Permit to Lay an 8" Pipeline Union Carbide Corporation Project P-2565 Bayport Hydrogen Pipeline Expansion UL-88-452-001 Gentlemen: Universal Engineering Services, Inc., is acting as agent under a service contract with Union Carbide Corporation, Linde Division, located in Danbury, Connecticut. On behalf of Union Carbide, we hereby request a permit to install, operate and maintain a hydrogen pipeline over and across the land within the City of La Porte as shown on the attached vicinity map and alignment sheets. A construction start date of February 1, 1988 is planned with construction completion scheduled six weeks later. The construc- tion period will be somewhat dependent on the local weather conditions with a slightly longer construction period being pos- sible. The pipeline design is in accordance with all federal, state and local codes and standards including: o ANSI B31.8 - Gas Transmission and Distribution Piping Systems o Part 192 - Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards, Code of Federal Regulations, Title 49 o Rules and Regulations for the Transportation of Natural and Other Gas by Pipeline, Railroad Commission of Texas, Gas Utilities Division The pipeline shall be installed utilizing the conventional open - cut ditch with bored cased and uncased crossings in accordance with the requirements of the applicable permitting authority for each crossing: All field joints of the line pipe shall be of welded construction in accordance with API Standard 1104 with City of La Porte January 12, 1988 Page Two 100% of the circumferential welds being x-rayed for quality con- trol. All disturbed surfaces shall be restored to their original condition. The pipeline shall be hydrostatically pressure tested prior to being placed in service. The pipeline is to transport hydrogen gas at a design pressure of 720 psig and a design temperature of 1000F. A check in the amount of $300.00 for this permit fee is submitted with this application in accordance with your verbal request of this date. The attached two copies of the vicinity map shown on Drawing D-2229380, the alignments sheets, Drawing D-2229377, Sheets 6 thru 6 and Drawing D-2229353, Sheets 1 thru 7, and the Crossing Details, Drawing 2229384 are submitted for your use. Should ad- ditional information be needed for this permit request, please call me. Sincerely, UNIVERSAL ENGINEERING SERVICES, INC. B. R. Pate, P.E. Vice President Attachments Copy w/o Attachments: J. J. Kieffer Peter Badanes R. C. Imler File 452/3.3 Light, s„bsta 'w." POINT C \\ Alexand/r Island ,�i � � (Buytn Islanol �' x � Lql,t r it n y CIF . ....... •I • IZ,• ,t. I.A I'+rR1-4-"; •IACINTO _ B A r ISED 811 PIPELINE '�'' — — \ \ Dd Well ;EGMENT B—I 'l \ ,� l `— Branson Lights � Lights +Point t'nR1+RAie� �Nnl'SUAItY T ��- �.; PROPOSED 4 PIPELINE POINT A LINE SEGMENT B-2 � Z' ' 4_:• _...,.._..i._ . the a - -� - - - - - - ----- -- - - Qz - ------ S'D'f`na water • ' 1 a n cy .."Ar S IM RD lank `$tiring ••: i F ` d; S EXISTING 6" — •:=' �'"f� .1A_MRTl. _Ci gP _PIiY Mogt.ANS irn?T CORP NUY UCAR PIPELINE .. .. Parer ,���._. _•i NftrAuurs. C'wl s' Trader Park • .�- -- am \Z < A I R P R 1 C. 00 M• ♦ _T S':. �, I .' ,ELL e_ _ ~ _ _ _ _ _ _ _ SPEN ER ' " �..f/: r•\+v •• to,, 7t� ! I v i�' •.'• 1! h'r'<F�j` . . Water TdnM # d,,,�} ,M•,T...tK, (,-.{i({yI/ ,jtY„ °n $D,.u�T � ,. �lC ' •r� . b• is� � �, n'�� 9 � PROPOSED 8" PIPELINE ���•• —,01-- LINE SEGMENTa �\\ B-3 r ,� 1'--------..---------! t - {'•..•%..{� .• \-_\. FAIR�ONI PA RiAY� _ 1 • BSI ,� 1 iB 1c / _ — _ =i--�. •~ Si . 1 ' •1 i , • •ry•Srd rn Sewage 1 a, I L ` I ` 1 It r a .. •• HES —_�. _. r - -Z•• n 1 1� RN. PIPEtl _ 1• I • . f ' 1111 rot . ( irili i l/ Existing ;l 'AR 'ipelin_ V. Ij [.• ••—••�•••• 1 --- .—.w '� -' UNOFR CONSIll rk7N .. ./ I ------- -- i Lhtli 'i�ra ^t;4 i II I t� r •'� I I o loner Par, •LA •Ir1RT1 .'•-r . .. +rC un wtyD 11 . • s .: .. �(� I SIT Ci I ,•, ..�;•. .::s`� (ias•;irlr• Tr•rr;u•r• ORDINANCE NO. 915-Z AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-a-3 OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION," BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25, 1975, TO CONSTRUCT AN 8-INCH PIPE LINE FOR THE TRANSPORTATION OF HYDROGEN; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAPORTE: Section 1. The City Council of the City of La Porte has received an application dated , from UNION CARBIDE CORPORATION, requesting a permit under Section 18-A-3 of Ordinance 915, being Chapter 18-A of the Code of Ordinances of the City of La Porte, to construct and operate its 8-inch pipe line for the transportation of hydrogen, crossing the City of La Porte, all as shown on said application. The application of UNION CARBIDE CORPORATION has been reviewed by the City's Director of Public Works, who has found that said application meets all requirements of said Ordinance No. 915, and has recommended its approval. Section 2. The City Council of the City of La Porte hereby approves the applicaton of UNION CARBIDE CORPORATION, dated , and this Ordinance shall constitute a permit to UNION CARBIDE CORPORATION to operate said pipe line within the City of La Porte, all in conformance with the requirements of said Ordinance No. 915. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED, this the 25th day of January, 1988. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: uJ� Knox W. Asking, City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 25, 1g88 Requested By: Robert T. Herrera Report Exhibits: Department: Administration Resolution XX Ordinance Memo dated 1-22-88 to Bob Herrera, City Manager Ordinance 1578 SUMMARY & RECOMMENDATION The attached ordinance considers lowering the speed limit on Fairmont Parkway. Adoption of Ordinance 1578 is recommended NOTE: Ordinance 1578 will be presented at Council Meeting Action Required by Council: Adoption of Ordinance 1578 Availability of Funds: General Fund Capital Improvement Other Account Number: Water/Wastewater General Revenue Sharing Funds Available: _ YES _ NO A r r c1tv Council e a ober,t/ T. Herrera TE! City Manager 0 0 TO: Bob Herrera City Manager - From: Charles E. Smith Chief of Police Subject: Speed reduction on Fairmont Parkway Date: January 22, 1988 Sir: I am recommending reduction of the speed limit on Fairmont -, parkway from 55 miles per hour to 50 miles per hour. This reduction is to affect a section along Fairmont Parkway, from a point 2400 feet east of Bay area Blvd. to Luella Blvd, a distance of 22,800 feet (4.318 miles). The present 55 miles per hour speed limit, produces an average speed of 60 miles per hour. Reducing that speed limit to 50, should produce an average speed of 55. An in house study of departmental statistics, revealed that 48 major accidents had occurred along this section during 1987. (33) thirty-three accidents occurred at intersections, (3) three of those are controlled by electric traffic signals, (6)six are not. (8) Eight major accidents occurred in a non -intersection area (specifically the 10,000 block). Speed is a major contributing factor to these accidents. At the stop sign controlled intersections, the wide open space has no reference points for drivers waiting to enter or cross the traffic pattern. This situation produces an optical illusion. It gives cross traffic the impression, that through traffic is moving slower than it appears. The result is a failure to yield right of way. page2 I am recommending that the 55 mile zone be reduced to 50 miles per hour. While national studies indicate that reducing the speed may not effect the accident rate, it will have a significant effect on the impact damage. The outlined reduction, with accelerated enforcement,should produce the desired effect. This change will affect Article II, section 25-23 paragraph j and k, by amendment to paragraph j and deleting paragraph k, of the code of ordinances of the City of Laporte. �= Charles E. Smith Chief of Police REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 29, 1988 Requested By: Janie Luna Department: Administration Report Resolution XX Ordinance Exhibits: Ordinance 1559-A SUMMARY & RECOMMENDATION On December 12, 19879 City Council directed staff to examine animal registration fees. The attached ordinance amends Chapter Five, of the "Animal & Fowl", of the code of ordinances of the City of La Porte, amending Section 5-27 "license and vaccination required". All dogs and cats six weeks of age or over must be' registered with the City of La Porte. Proof of rabies vaccination must be submitted to the City within six months of age, failure to do will void license. Registration of animals will be required twelve months from the date of registration, failure to do so will increase the registration fee to $7.00. Registration fees for spayed or neutered animals will be waived, however, a one-time registration fee will be required and animal owners must show both proof of rabies vaccination and proof that animal was spayed or neutered from a licensed veterinarian. Additionally, animal owners' must continue to submit proof of rabie's vacination on a yearly basis, failure to do so will void the waving of registration fee. Action Required by Council: Approve Ordinance 1559-A amending registration fee. Availability of Funds: General Capital Other Account Number: Fund Water/Wastewater Improvement General Revenue Sharing Approved for City Council Agenda , Funds Available: _ YES _ NO Robert T. Herrera DATE City Manager i • ORDINANCE NO. 1559-A AN ORDINANCE AMENDING SECTION 5-27, "LICENSE AND VACCINATION REQUIRED", OF CHAPTER. FIVE OF THE "ANIMALS AND FOWL" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, ALTERING REQUIREMENTS FOR RETAINMENT OF ANNUAL LICENSES, ALTERING FEES REQUIRED TO BE PAID TO THE CITY OF LA PORTE TO OBTAIN ANNUAL LICENSES, AND CREATING A REGISTRATION LICENSE FOR DOGS OR CATS OVER SIX WEEKS OF AGE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PRO- VIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter Five, "Animals and Fowl", of the Code of Ordinances of the City of La Porte, is hereby amended by amending Section 5-27, "License and Vaccination Required", to read as follows, to -wit: Section 5-27 License and Vaccination Required. All dogs and cats which are kept, harbored, or main- tained by their owners within the corporate limits of the City of La Porte shall be licensed and vaccinated. Before a license will be issued, the owner of the dog or cat must present a certificate from a licensed veterinarian showing that said dog or cat has been vaccinated within the preceding twelve (12) calendar months. In the application for all licenses, the owner shall state his name and address, and the breed, color, and sex of the dog or cat to be licensed. Licenses shall be applied for according to the following categories: TYPE OF CATEGORY OF DCGS VACCINATION LICENSE OR CATS ELIGIBLE REQUIRED? FEE* Initial Dogs or cats Not until animal $5.00 License 6 weeks of age attains the age or under of six months, whereupon proof of vaccination shall be submit- ted to City of La Porte. Annual License Dogs or Cats 6 Yes $5.00 (must be re- months of age newed every 12 or older months from date of issuance) Annual License Dogs or Cats 6 Yes $5.00 (must be re- months of age ** newed every 12 or older, that months from date have been neu- of issuance) tered or spayed * Subject to a $7.00 service charge if license is not obtained on or before expiration of prior license (or within six weeks of birth in the case of initial registration with the City of La Porte). ** Owners of spayed or neutered animals must pay the license fee only one time, upon a showing of proof from a licensed veterinarian of the spaying or neutering of the animal in question. Provided, that the provisions relating to service charge apply in the event that the annual license is not obtained on or before expiration of the prior license. Ordinance No. 1559-A, Page 2 Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 5. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this Ordinance. PASSED AND APPROVED this the day of , 1988. CITY OF LA PORTE By: Norman L. Malone, Mayor ATTEST: By: Cherie Black, City Secretary • i Ordinance No. 1559-A, Page 3 APP By: REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 25, 1988 Requested By: Janie Luna Report Exhibits: Lease Agreement Department: Administration Resolution SUMMARY & RECOMMENDATION Ordinance On December 31, 1987 the Lease Agreement between the City of La Porte and the Texas Department of Human Resources (TDHR) expired. Since 1981, TDHR has leased office space from the City of La Porte to provide food stamp services to eligible City residents. This office is located on 911 South Eighth Street in the City of La Porte. TDHR wishes to continue this lease agreement with the City of La Porte. The attached agreement authorizes the continuance of this agreement for an additional two (2) years (January 1, 1988 to December 31, 1990), and with the exception of adjusting the monthly rental fee to $605.70 (due to a reduction in the amount of space leased) the attached lease agreement contains no other changes from past year's agreement. The monthly rental rate of $.45 per square foot remains the same. Action Required by Council: Approval of the Lease Agreement. Availability of Funds: General Capital Other Account Number: Fund Improvement Water/Wastewater General Revenue Sharing Funds Available: — YES — NO Agenda YterT. Herrera i� YV� r iWanager Cl • L E A S E THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THE COUNTY OF HARRIS THIS AGREEMENT is entered into by the CITY OF LA PORTE, TEXAS, a municipal corporation, acting by and through its City Manager, hereinafter referred to as CITY, and THE STATE OF TEXAS, acting by and through the State Purchasing and General Services Commission, for the benefit of the Texas Department of Human Resources, hereinafter referred to as the STATE. This agreement is made and entered into in accordance with the provisions of Article 6 of Article 601b, Vernon's-Texas Civic Statutes (V.T.C.S.), and is made contingent upon the continuation of federally funded programs, or upon the availability of state funds appropriated by the Legislature, to cover the full term and cost of this lease. In the event a curtailment of federally funded programs occurs, or in the event state appropriated funds are unavailable, the STATE, upon written notice to the Lessor, may terminate this lease. W I T N E S S E T H: That the CITY and the STATE, for the consideration hereinafter named, agree as follows: That the CITY does by the presents, lease and demise unto the said STATE the following described property, to wit: CITY building at 911 South Eighth Street. Office space composed of six (6) private offices, one (1) break room, one (1) waiting area, two (2) rest rooms. WHEREAS, CITY is the owner of the hereinafter described property, and the building situated thereon; and, WHEREAS, after careful consideration, CITY deems it to be advantageous to lease said premises to the STATE to be used as a local office of the TEXAS DEPARTMENT OF HUMAN RESOURCES, hereinafter referred -to as DHR, upon the following terms and conditions, and agrees to lease same upon the following terms and conditions: I. CITY agrees to provide six (6) private offices, one (1) lobby, and one (1) break area, maintain roof, floor, doors, windows, plumbing, and parking area for the term of this lease, PROVIDED, HOWEVER, that funds are appropriated for such purpose. The monthly rental rate will be $.45 a square foot, with a total square footage of 1,346.00for a total cost of $605.70 a month. 0 • II. STATE agrees to be responsible for payment of janitorial services during the term of this lease. III. It being further understood that the STATE will not sublet said premises, or any part thereof, to any person or persons whatsoever. IV. It being further understood that the lease premises shall be used as a local office of the DHR and for no other purpose. V. It being further understood that, at the expiration of the term of this lease, all improvements, and/or attachments placed on leased property by the STATE shall inure to the benefit of CITY. VI. In the event the building on said premises shall, without any fault or neglect on the part of the STATE, be destroyed, or be so injured by the elements or any cause, as to be untenantable and unfit for occupancy, then said lease to be null and void. VII. This lease is for the term of two (2) years, beginning on the 1st day of January, 1988 and ending on the 31st day of December, 1990. It being expressly understood by the STATE that should Commission fail to perform in accordance with the terms of this lease, or any extension thereof, or for any other reason deemed appropriate by CITY, when and in such event CITY may declare this lease cancelled and repossess itself of said premises, upon sixty (60) days notice to STATE. It being further understood by CITY that should CITY fail to perform in accordance with the terms of this lease, or any extension thereof, or for any other reason deemed appropriate by STATE, when and in such event the STATE may declare this lease cancelled and dispossess itself of said premises, upon sixty (60) days written notice to CITY. VIII. CITY will provide all utilities (except telephone service) to the leased premises, and pay all charges therefore. IX. It being further understood that, at the expense of STATE, STATE shall maintain a premises and accident liability policy and a certificate of insurance with a cancellation notice shall be furnished to CITY. X. It being further understood that CITY shall be held harmless in any legal action or other liability arising for any reason whatsoever, that may occur during the term of this lease. XI. The CITY OF LA PORTE hereby certifies that the above space is in compliance with Article 601b, Section 6 and 7, and Article 8309g, Vernon's Texas Civil Statutes, relating to accessibility to the handicapped. IN WITNESS WHEREOF, we have hereunto set our hands to duplicate copies, each of which shall have full force and dignity as an original when signed by all parties, on this day of , 1987• LESSOR LESSEE CITY OF LA PORTE, TEXAS THE STATE OF TEXAS Acting by and through the State Purchasing and General Services Commission BY BY City Manager David T. Carr State Lease Officer ATTEST: City Secretary (Seal) 0 rl REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 25 1988 Requested By: Louis Rigby,4& Department: Purchasing r2 Report esolution Ordinance Exhibits: Interlocal Agreement with Houston -Galveston Area Council. SUMMARY & RECOMMENDATION Request entering into an Interlocal Agreement between the Houston - Galveston Area Council and the City of La Porte for purchase of certain items through the Council's Cooperative Purchasing Program. This Agreement will be for the 1988 calendar year. Staff recommends entering into an Interlocal Agreement allowing the City of La Porte to participate in price savings associated with bulk purchases. Purchases would be made through the agreement only when it is advantageous to the City. Action Required by Council: Approval of Interlocal Agreement between the Houston -Galveston Area Council and the City of La Porte for calendar year 1988. Availability of Funds: General Fund Capital Improvement Other Account Number: sf-o� City Council �•- Herrera Water/Wastewater General Revenue Sharing Funds Available: YES NO • • STATE OF TEXAS ( ) CITY OF ( ) THIS AGREEMENT made this day of 19 between City of lexas and We HOUSTON-GALVES TON AREA COUNCIL, a Council of Governments of the State of Texas; W ITNESSETH: Pursuant to the authority granted by the Texas Interlocal Cooperation Act (Article 4413 (32c) V.A.T.S.) providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: I. The City of Texas hereinafter referred to as "City", ma es, constitutes an appoints the Houston -Galveston Area Council, its true and lawful purchasing agent for the purchase of certain items through the Council's Cooperative Purchasing Program. Said items will be specified by the City to the Council through submission of purchase orders duly signed by an appropriate official. City agrees that the Council shall be the exclusive purchasing agent for said items, and agrees that the bidding shall be conducted by the Council according to the regulations contained in Section IV of the Council's Financial and Accounting Procedures Policy Hand- book. II. The City agrees that all specifications for said items shall be as determined by the Council. III. The City, by execution of this agreement, agrees to furnish to the Council a valid Purchase Order that encumbers payment from revenues of the City in full payment of the stated order. The City will issue a check for payment of the article(s) so ordered thru the Council within 7 working days of receipt of an invoice for payment from the Council. IV. This agreement shall take effect upon execution by the signatories. V. This agreement shall be in effect from the date of execution until the last day of the calendar year of execution, and may be renewed annually thereafter. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. ATTEST CITY OF ATTEST BY HOUSTON-GALVESTON AREA COUNCIL BY Jack Steele, Executive DirectoF 258J/4A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: -January 25 1988 Requested By: Steve Gillett epartment: X Report Resolution Exhibits: Memo from Louis Rigby, Purchasing Manager SUMMARY & RECOMMENDATION Ordinance Request purchase of 15 replacement mobile two-way radio receiver/ transmitters budgeted in the 1987/88 Budget. These radios would be purchased through the Interlocal Agreement with the Houston -Galveston Area Council. Replacement of the existing radios will allow the City to operate on a Private Line Communication Channel and will clear up the interference caused by "bleed over" from other radios. This will allow more effective communications in the City of La Porte's fleet. Cost of these radios through the Interlocal Agreement would be $8,534.25. This figure includes the 3% handling fee charged by HGAC and installation costs. $11,925.00 was allocated for this replacement in FY 87/88 budget. Staff recommends purchase of 15 radios through the Interlocal Agreement with HGAC. Action Required by Council: Approve purchase of 15 radios through the Interlocal Agreement with the Houston -Galveston Area Council at a cost of $8,534.25. Availability of Funds: General Fund Water/Wastewater Capital Improvement Ge al Revenue Sharing x Other /%,P )PoolJ% p rat d Account Number: 009-600-600-850 Funds A ilable: X YES NO Appro a for City Council Agenda � BB ber . Herrera DA ity anager CITY OF LA PORTE INTER -OFFICE MEMORANDUM JANUARY 12, 1988 TO: Buddy Jacobs, Assistant Public Works Director FROM: Louis -Rigby, Purchasing Manager SUBJECT: Replacement Radios The Specifications you have given me for radios to replace the Johnson units at Public Works are similar to the Motorola Maxtrac 100. The Houston -Galveston Area Council recently bid radios and have a contract with Motorola for this particular unit. The cost through H.G.A.C. would be $465.00 per unit, plus a 39 administrative fee, plus a $90.00 installation charge per unit. The total cost for the 15 radios budgeted would be $8,534.25, which is well below the budgeted amount. If the City purchased the radios directly from Motorola, the total cost would be $9,600.00 ($550.00 per unit plus $90.00 installation). 'If the purchase from H.G.A.C. meets with your approval, you will need to submit two agenda request forms. The first will be for an interlocal agreement, between the City and H.G.A.C., and the second will be for the actual purchase. Please submit these requests by the specified time before the next regular council meeting. V i REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 1/25/88 Requested By: K. Askins Department: Legal X Report Exhibits: Resolution SUMMARY & RECOMMENDATION Ordinance State election laws call for a run-off date of either the third or the fourth Saturday in May. The third Saturday in May will fall on May 21; the fourth Saturday in May will fall on May 28, which is the Memorial Day holiday weekend. If the third Saturday is chosen for the run-off, it will be necessary to use paper ballots made up by the City Secretary and manually numbered, for run-off absentee voting, since voting absentee would need to begin on May 10 in order to give voters as many days as possible to vote absentee. The punch card ballots would be available for the run-off election itself. If the fourth Saturday is chosen for the run-off, punch card ballots could be obtained in time to use for both absentee voting and on election day. A new State election law this year allows for absentee voting for any reason, which might be an incentive to voters to vote absentee if the May 28 date is chosen for the run-off election. Council is asked to make the decision of a run-off election date at this time so that it may be incorporated into the ordinance calling the election, scheduled to be on the February 8 meeting agenda. NOTJ Regular election date is May 7th. Action Required by Council: Choose a run-off election date Availability of Funds: N/A General Capital Other Account Number: Fund Water/Wastewater Improvement General Revenue Sharing Funds Available: YES NO AppMP-d-f-or City Council Agenda a - 4 /'obj /City Manager CitV • Working Foreman Laborers Cat 225 SITE WORK • UNDERGROUND UTILITIES McKay Construction & Equipment, Inc. 7lc "d we, x.. PHONE 471-2103 111 NORTH 16TH STREET P. 0. BOX 9 LA PORTE. TEXAS 77571 1/15/88 8 straight time @ 18.00 per hr. 2 1.5 hr overtime @ 27.00 per hr. 24 straight time @ 14.00 per hr. 6 1.5 avertirae @ 21.00 per hr. 10 hrs. @ 75.00 per hr. Trench Box @ 100.00 per day 8" plug 3" water pump 3 hr @ 15.00 per hr. $ 144.00 54.00 $ 336.00 126.00 $ 750.00 $ 100.00 $ 8.00 $ 45.00 $ 1,563.00 Working Foreman laborers Cat 225 SITE WORK • UNDERGROUND UTILITIES McKey Construction & Equipment, Inc. PHONE 471-2103 111 NORTH 16TH STREET P. 0. BOX 9 LA PORTE. TEXAS 77571 1/16/88 6 hr. straight time @ 27.00 per hr. 18 hr. Straight time @ 21.00 per hr 6 hr. @ 75.00 per hr. @ 100.00 per day 8" plug 1.00 per inch per day $ 162.00 $ 378.00 $ 450.00 $ 100.00 $- 8.00 $ 1,098,00 Working Foreman Laborers Cat 225 Trench box SITE WORK • UNDERGROUND UTILITIES McKey Construction & Equipment, Inc. "%lrti "d We. 714m 2" PHONE 471-2103 111 NORTH 16TH STREET P. O. BOX 9 LA PORTE. TEXAS 77571 1/18/88 8 hr. straight time @ 18.00 per hr. 2 hr. overtime @ 27.00 per hr 24 hr. straight time @ 14.00 per hr. 6 hr. overtime @ 21.00 per hr. 10 hr. @ 75.00 per hr. 100.00 per day 8" plug 2 each 1.00 per inch per�day 15.00 per hr 3 hrs. $ 144.00 54.00 $ 336.00 126.00 $ 750.00 $ 100,00 $ 16.00 $ 45.00 $ 1,571.00 SITE WORK • UNDERGROUND UTILITIES McKey Construction & Equipment, lee. sod W40" "d 701, W&M�.. PHONE 471.2103 111 NORTH 16TH STREET P. 0. BOX 9 LA PORTE, TEXAS 77571 Working Foreman Laborers Cat 225 Backhoe Trench box @ 100.00 per day 1/19/88 8 hr. @ 18.00 per hr. 24 hr. @ 14.00 per hr. Plugs 8" 2 each 1.00 per inch per day 10" plug TOTAL all pages $ 8,407.50 8 hr. @ 75.00 per hr. $ 144.00 $ 336.00 $ 600.00 $ 100.00 $ 28.00 $ 1,208.00 CITY OF LA PORTE INTER -OFFICE MEMORANDUM TO: Mayor a -ouncil FROM: John J h , Assistant City Manager DATE: January, 1988 SUBJECT: For You lInformation Emergency Sewer Repairs on "H" between Iowa and Kansas This is to inform you that an old 10" or 12" sanitary sewer main on "H" Street recently collapsed. The main was to deep for our equipment, therefore, McKey Construction was contacted to provide assistance with emergency repairs. Until repairs are completed there is the possibility of sewer backup in this neighborhood. We are,however, by-pass pumping in an attempt to prevent this situation. Once repairs are complete and all costs are in we will be approaching council to approve expenditures for this emergency repair. /sdw cc: Bob Herrera Janie Luna • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 1-25-88 Requested By: Joel H. Albrecht Department: Community Deve, XXX Report Exhibits: Resolution Ordinance Memo from City Engineer Exhibit A - Recommended Spenwick Place Subdivision Street Lighting Layout SUMMARY & RECOMMENDATION SPENWICK PARK SUBDIVISION LIGHTING In fulfilling the terms of the annexation of Spenwick Place Subdivision the City is required to install street lights that would provide a level of service similar to the service provided other areas of the City. Houston Lighting & Power Company submitted a draft layout for Staff's consideration. Staff has reviewed the plan and recommends the layout shown in Exhibit A. The layout would provide a level of service similar to other residential areas in La Porte. The recommended installation includes 36 lights placed on ornamental poles and the placement of 13 lights on existing wooden poles. The operational cost for the installation shown in Exhibit A will be $661.85 per month and $7942.20 per year based on current H L & P charges. charges from HL & P. Action Required by Council: Approval of recommended plan and have City Manager authorize Houston Lighting & Power to begin installation according to the recommended layout. Availability of Funds: XX _ General Fund Capital Improvement Other Account Number: Water/Wastewater General Revenue Sharing Funds Available: _ YES _ NO A r City Council Agenda e8 . Herrera DATjer y anager • 0 TO: THRU: FROM: SUBJECT: CITY OF LA PORTE INTER -OFFICE MEMORANDUM JANUARY 22, 1988 Robert T. Herrera, City Manager John Joerns, Asst. City Manager Robert C. Speake, City Proposed Streetlights Engineer og for Spenwick Subdivision The service plan for the Spenwick/Collegeview Annexation adopted by Ordinance 1393 on December 28, 1983 does commit the City to furnish street light for the subdivision. The staff has reviewed the street light spacing in the subdivision throughout the City. The spacing ranges from 150-225 in some subdivisions to 325-460 in others. The'recommendation for staff reflects a street light at every corner and at least one mid -block resulting in a spacing of 250-350. This spacing results in the placement of 36 lights on ornamental poles and 13 lights placed on existing wooden poles. The street lights proposed are 9500 lumen high pressure sodium lights and would be placed on existing wooden poles if possible. All mid -block street lights would be placed on the standard aluminum ornamental poles with underground wiring extended to the overhead power source located in the rear of each lot. Currently Houston Lighting and Power Co. is charging $4.25 per month for each light on a wooden pole and $16.85 per month for each light on an ornamental pole. It is anticipated that the project could not be installed prior to the end of March and we would be responsible for only six (6) months billing of $661.85 per month for the lights. The total annual fee based on the current charges would be $7942.20 for the lights in Spenwick Place Subdivision. The City's FY 87-88 Budget for electric comsumption may experience a slight increase due to this action. BS/nb Y t �o.o° *�ERNARO� c._� ^• �� � o,r �� /:t }t-1. 1IFy y L Ili � I i I -I I j :�`.e � `.� ` I v •� I s ;1 - = I b I � I I oG 1 V� --- ,`.'►' . • \ i. y• `/ �' • I •?+-i. I I4� , "'I a I,^ I Ce o f I I .p 1 t` I It R, I �. •1• o ' I ` 0 ,-�1 .1 1 1' t 4 ? ^•. 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Or J, c t •i°iJl pGJJ 1 "• ltli !GJ!` j U.10 °".■ /t 1:J: Nil St JPub J.S'` ,Gt ° •I ^ of t Y J t ! 1 I � - I - • rb`. 1 Et1TQ��7,�t/G?d�iGu^ O</ %goo LUiyEv �,! P S• c,�ljc�Y /988 QXSxWE240 6M6&-7-4VW7. •CJvExr REQUEST A CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 25, 1988 Requested By: Ross Cox Department: CIP XXX Report Exhibits: Report - Public Hearing Resolution SUMMARY & RECOMMENDATION Ordinance Council approved award of bids for Little Cedar Bayou Park on January 11, 1988 except for Bid Package No. 3, Wave Generating Equipment. The low bidder on bid package no. 3 did not appear to be a responsible bidder, regarding the furnishing of a Performance and Payment Bond as required by state law. Staff, with the guidance of the City attorney, held a public hearing as required by Section 271.027, Texas Local Government Code, on this matter. A report on that hearing is included in this packet. Staff therefore, recommends Council approve award of construction of Bid Package No. 3 to the next lowest responsible bidder, Aquatic Amusement Associates, Ltd. in an amount not to exceed $128,500 with the provisions that $25,000 of the contract price be paid from operating revenues in two equal, interest free installments; one in September 1989 and one in September 1990. Action Required by Council: Approval of award. Availability of Funds: General Fund Water/Wastewater XX Capital Improvement General Revenue Sharing Other Account Number: 011-800-801-500 Funds Available: XX YES — NO for MY Coumc—il /4� - - DAYE �/ - REPORT OF PUBLIC HEARING A Public Hearing was duly held on January 15, 1988 in the City Council Chambers at the City Hall of the City of La Porte between the hours of 1:15PM and 2:45PM. The following persons were in attendance: Mr. Alan Heuss - Vice President The SWA Group Mr. John Cutler - Landscape Architect City of La Porte Mr. Stan Sherwood - Director of Parks and Recreation Dr. Knox Askins - City Attorney Dr. Ross Cox - CIP Project Director Mr. Jeff Litchfield - Director of Finance (partial) Public bids were solicited for Wave Generation Equipment for Little Cedar Bayou Park as Bid Package Number 3 on November 30, 1987 and were received and opened December 18, 1987. The low bidder was Whitewater West Industries, Ltd. ("Whitewater"). The bidding documents and instructions to bidders required a bid bond be submitted with bids totaling 5% of the bid amount. Whitewater submitted a certified check drawn on a Canadian bank in the amount of US $5,000. This amount covered the base bid but did not cover the amount required to make the system fully operable, with the required air compressor and miscellaneous materials, by a small margin. Certain allegations were raised by the second low bidder, Aquatic Amusement Associates, Ltd. ("AAA"), regarding patent rights held by them. AAA's position was that Whitewater's design would infringe on AAA's patents for the multiple wave system, the system desired by the City for the wave pool. As a result of the above cited controversial items and in order to protect the City from possible legal injunction as well as becoming a party to possible lawsuits, City Staff consulted the City Attorney and together it was decided on a course of action designed to examine the related issues. The City requested Whitewater to supply the following information: o Current Financial Statement -1- 0 • o Letter from Whitewater's patent attorney stating his opinion of how Whitewater's design did not infringe on AAA's patents as well as speaking to the possibility of an injunction being placed against the City. In addition, Whitewater was advised that they would have to be licensed to do business in Texas and their registered agent would have to be designated. Whitewater offered an Indemnity Clause for inclusion in a contract if executed which specified that the Indemnity would be governed by the laws of Canada and the City advised that the Indemnity, if accepted, would have to be governed by the laws of Texas. During the same period, AAA was requested to provide to the City a letter stating AAA's position on this project, including relief or injunction against the City, AAA's position regarding litigation in the matter and a detail outline of cost comparison of the public bids and related alternates. Response Whitewater provided the following in response to the City's request: o Letter of opinion from their patent attorney o Whitewater financial statements The attorney's letter which comprised 15 pages did not clearly indicate that the Whitewater design did not infringe on AAA's patents. It introduced a number of side issues which may prove valid over some period of time in Federal Court. The financial statements were examined by City Staff and were found to be almost a year old and to be unaudited. The information presented on the financial statements, in Staff's opinion, appeared insufficient for Whitewater to withstand a law suit and protect the City's rights guarded by the proposed indemnity clause. The information presented also appeared insufficient for Whitewater to perform the contract in a responsible manner. Notice of Intent to Award Staff met with the City Attorney and discussed the matter in detail. As a result, Staff informed Whitewater by letter that the City proposed to award a contract to AAA and invited Whitewater to appear and give evidence concerning their responsibility as a bidder. In particular, three areas of evidence were required to be presented. o Current, audited and certified financial statements o Letter from a corporate surety, licensed to do business in Texas, with power of attorney attached, committing to issue a performance and payment bond in the full amount of the contract price o Evidence of Whitewater's ability to perform this project without violating or infringing upon lawful patent rights of other parties -2- The evidence presented at the public hearing was as follows: o Copies of the same unaudited financial statements previously submitted, uncertified o Letter from a patent attorney speaking principally to the matter of injunction o Letter from a Canadian Bond Broker stating they could issue a bond on a Canadian contract for Whitewater and suggesting that a Canadian contract be issued o A revised indemnity clause specifying the laws of Texas and listing settlement date of January 15, 1991 o Deferred payment options Staff and the City Attorney discussed the evidence presented by Whitewater and arrived at the conclusion that regardless of the several related issues surrounding the matter, Whitewater had not provided evidence of ability to obtain the performance and payment bonding as requested by the City. Since such bonding is required by state law, it did not appear suitable to further evaluate the remaining questions. The Whitewater representative, Mr. Alan Heuss, was advised that, based on the merits of the evidence presented, Staff intended to recommend to the City Council that the contract be awarded to AAA. -3- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 25, 1988 Requested By: Janie Luna Department: Administration Exhibits: List - Bid Proposals Resolution SUMMARY & RECOMMENDATION Ordinance On December 7, 1987, sealed bids #0220 for a copy machine were read and opened. Bid requests were mailed to seven area manufactures. Five bid responses were submitted from the following agencies: (1) Danka Business Systems-Savin (2) Xerox (3) Global Services-Canonn (4) Allied Office Systems -Cannon (5) IBM Close review of the bids submitted (See Attachment) indicated that the proposed rates could not be supported by this year's budget. Staff recommends that the City wait until the next fiscal budget for acquiring a new copy machine. Action Required by Council: Approval to reject all bids. Availability of Funds: General Fund Capital Improvement Other Account Number: Water/Wastewater General Revenue Sharing Funds Available: YES NO A r C' a ober T. Herrera D E Cit Manager &ID PROPOSALS 1 ' 1 Sealed Bid #0202 I Copy Machine �Danka l Xerox ! Global Allied 1 IBM i 'Business 1 1 Services Office pSystems Systems I 1 1 1 1 Model Savin 7065 Xerox 1065 Canon NP-8570 Canon NP-8570 IBM Mod 70 1. Machine Cost 16,745.0() 24,995.00 19,735.00 18,500.00 18,772.00 2. Copies Per Minute 62 62 70 70 70 3. Paper Trays included included included included included 4. Document Feed it if " if 1,064.00 5. Duplexing it it " if included 6. Reduction of it 11 if 608.00 7. Collator if it it 1,235.00 2,280.00 8. Copy Control 995.00 it 339.00 339.00 included 9. Warranty 90 days 0 90 days 90 days 180 da•7u 10. Copy Fee .0135 .007 0 .005 .0059 Free Copies (month) 55,000 20,000 609000 55,000 0 11. Trade in 3,000.00 4,350.00 6,767.00 2,775.00 6,150.00 Total 14,740.00 20,645.00 13,307.00 17,299.00 16,274.00 Maintenance (year) 8,910.00 3,360.00 5,640.00• 4,080.00 2,148.00 (month) 742.50 280.00 470.00 340.00 179.00 Agenda Date Requested: January 25, 1988 Requested By: John Joerns Department: Administration XXX Report Exhibits: Resolution Ordinance Letter from Sears & Burns dated 1/12/88. Letter from Turner, Collie & Braden, Inc. dated 1-20-88. bale City of La Porte Project #85-7106, EPA Project #C-481176-03-0 Step III, Contract IV; Rehabilitation of Sanitary Sewer RE: Tinker Industries, Inc. vs. Jess Lovelace (Sewer Rehabilitation Lawsuit) The trial date for this lawsuit has been set for April 11, 1988. Sears & Burns has recommended the employment of Turner, Collie and Braden, Inc. as an expert and consulting engineering firm to assist in the settlement and trial of the case, including expert testimony to prove liability and damages. TC&B has acted as the City's engineers on this project since approximately mid-1983. They have provided engineering and inspection services for the; Catlett Lane/Emergency Repairs: Project # CLP 83-7104-84 Cleaning, Televising & Point Repairs: Project # CLP 84- 7150-85 as well as providing the engineering services on several of the efforts to re -bid the remaining work identified by Contract IV. TC&B is currently under contract to provide engineering and construction phase services as well as daily project representation for the recently awarded construction contract with P & M Construction. Staff concurs with the recommendation of Sears & Burns. TC&B because of their thorough knowledge of the history of this project, work completed since 1983 and work proposed by the P&M construction contract (awarded by Council on 12/6/87), is the logical choice to provide these services. A suggested initial budget for these services is $15,000.00. Action Required by Council: Approve contract retaining Turner, Collie & Braden, Inc. to provide assistance in the settlement and trial of the case, and provide expert testimony to prove liability and damages. The staff recommends that the initial budget authorization of $15,000.00 be paid out of the Utility Fund Contingency which has a fund balance of $100,000.00. Availability of Funds: General Capital Other Account Number: Fund Improvement Water/Wastewater General Revenue Sharing Funds Available: _ YES — NO ove&*'M city pouncil Agenda 7 r i••-r Herrera • CI m dooi ! J btk cxvh ( J` CA 0AICY"i'l i WILL 5 � I. �O ROBER OBERT4 BURNS C. S DIPPED J. MARKARK BREEDING C MARLES R. MUSER. JR. Mr. Bob Herrera City Manager City of La Porte, Texas P. O. Box 1115 LaPorte, Texas 77571 SEARS AND BURNS ATTORNEYS AT LAW rg- all T-i Aid 1 A 1988 55 WAUGH DRIVE, SUITE 400 HOUSTON, TEXAS 77007-5812 ASST. CITY MANAGER TELEPHONE January 12,1988 OFFICE (713) 863-9601 Re: Tinker Industries, Inc. v. Jess Lovelace (Sewer rehab lawsuit) Dear Mr. Herrera: We desire you to employ Turner, Collie & Braden, Inc., as an expert and consulting engineering firm to assist us in settlement and trial of the case, including expert testimony to prove liability and damages. The trial is set April 11, 1988. The primary defendant on the City's claim is Commercial Union Insurance Company, the surety on the performance bond. Both Tinker Industries, Inc., and Lovelace are either bankrupt or known to be insolvent. We have discussed the status of the case with the surety's lawyers and the surety is interested in exploring settlement, particularly because the cost to complete will probably exceed the penal sum of the bond. Turner, Collie & Braden, Inc., has documents and knowledge of the project since approximately mid-1983. It employs experienced and astute senior engineers who have dealt with litigation matters before and are thus valuable as expert witnesses to give opinions on the various aspects of the City's case. We generally discussed the scope of services with Turner, Collie do Braden, Inc., officers today, and they understand the direction we are taking. Since such services do not fall within the scope of Turner, Collie do Braden, Inc.'s contract with the City, the City should employ it for these special services. An outline of the scope of services is enclosed. Please act upon this matter as soon as possible. If we can prepare and lay our case before the surety within the month, we have a good chance of obtaining a settlement without trial. In any event, we need to prepare for trial, so timely action is necessary. CCD/ig Sincerely yours, SEARS AND BURNS By C. Charles Dippel Mr. Bob Herrera City Manager City of La Porte January 12, 1988 Page Two cc: Dr. Neil E. Bishop Senior Vice President Turner, Collie do Braden, Inc. P. O. Box 13089 Houston, Texas 77219 Mr. Knox Askins City Attorney City of La Porte P. O. Box 1218 LaPorte, Texas 77571-1218 Scope of Services 1. Gather and organize all documents in the possession of Turner, Collie ac Braden, Inc., relative to the project. 2. Reconcile the total amounts paid by the City to all contractors on the project. 3. Formulate an opinion, if possible, as to the quality of work performed by all contractors. 4. Formulate an opinion, if possible, as to the reasonable and necessary cost of construction of the project, including any remedial *Mork performed to rectify poor quality work by Tinker. 5. Prepare for testimony at deposition and trial on various issues submitted by Sears and Burns. 6. If required, prepare a written report stating the investigation performed, opinions formed, and the bases thereof. 0 • NEIL E. BISHOP SENIOR VICE PRESIDENT ENGINEE * PLANNERS Turner Col he OBraden Inc. RO. BOXHOU OWN, TEXAS 77219 5757 WOODWAY 713 780-4100 TELEX 774185 TCB HOU January 20, 1988 np F� - LU Mr. Robert Herrera ASST. CITY MANAGE City Manager City of La Porte OFFICE P. 0. Box 1115 La Porte, Texas 77571 Attention: Mr. John Joerns Deputy City Manager Re: Engineering Services As Expert Witness Tinker Industries, Inc. v. Jess Lovelace Dear Mr. Herrera: As requested by Mr. Charles Dippel in his letter of January 12, 1988, Turner Collie & Braden is pleased to propose engineering services to provide consultation and expert witness testimony for the City in their efforts in the settlement and trial of the sewer rehabilitation lawsuit noted above. Our understanding of the scope of services to be provided is as follows. Scope of Services 1. Gather and organize all documents in the possession of Turner Collie & Braden, Inc., relative to the project. 2. Assist the City in the reconciling of the total amounts paid by the City to all contractors on the project. The records for this task will be supplied by the City. 3. Formulate an opinion, if possible, as to the quality of work performed by all contractors. 4. Formulate an opinion, if possible, as to the reasonable and necessary cost of construction of the project, in- cluding any remedial work performed to rectify poor quality work by Tinker. 5. Prepare for testimony at deposition and trial on various issues submitted by Sears and Burns. 6. If required, prepare a written report stating the inves- tigation performed, opinions formed, and the bases thereof. 7. Attend meetings as required by the City and/or their attorney. AUSTIN 9 DALLAS 0 DENVER 9 FORT WORTH • HOUSTON . PHOENIX • PORT ARTHUR n • Turner Collie cOBraden Inc. January 20, 1988 Mr. Robert Herrera City of La Porte Attention: Mr. John Joerns Page Two Compensation Compensation for work performed on this assignment shall be on a reimbursable basis per attached Turner Collie & Braden Compensation and Liability Form B886. Based on information supplied by and discussion with Mr. Dipple, a suggested budget of $15,000 should be established. Should the requirement for services exceed those estimated for the project, a supplemental request for additional authorization will be submitted. If the above scope of work and compensation are acceptalbe to the City of La Porte, please sign in the space provided below and return one copy for our files. Turner Collie & Braden Inc. will consider the signed letter as our authorization to proceed with the work. Please call us as soon as the author- ization is signed so that we can meet with the City to obtain the necessary records to begin work on the project. Thank you for this opportunity to be of service to the City of La Porte. Very truly yours, Neil E. Bishop, Ph.D., P.E. Senior Vice President NEB: RBH:1f ACCEPTED: CITY OF LA PORTE By Title Date • is COMPENSATION AND LIABILITY Engineering Services by Turner Collie & Braden Inc. A. For the services of the Engineer's staff (except surveymen who are covered in paragraph B), the charge will be the rate -of -pay on an hourly basis of the Engineer's employees for time directly chargeable to the work plus thirty-five percent (35%) for social security contributions, unemployment, excise and payroll taxes, employment compensation insurance, retirement benefits, incentive pay, medical and insurance benefits, sick leave, vacation and holiday pay, times a multiplier of 2.25. The charge for the services of the Engineer's officers will be computed as herein described except that the "hourly rate" of the officers will not exceed $50.00 per hour. The overtime premium (required by the Fair Labor Standards Act for nonexempt classifications) for draftsmen and technician classifications will be charged for overtime hours worked because of the Client's requirements, and upon his specific authorization. B. For the Engineer's survey parties, (these parties are furnished by SURVCON INC., a subsidiary company) the following schedule of rates applies for standard 8-hour days, according to the instrumentation used: Standard instrumentation: Two -man party $396 per day Three-man party $525 per day Four -man party $628 per day Control leveling instrumentation, Three-man party $550 per day lovar rods: Four -man party $653 per day Short-range electronic distance Two -man party $431 per day measuring instrumentation: Three-man party $560 per day Four -man party $663 per day These charges exclude vehicles, boats, and supplies. Charges for vehicles, boats, and supplies are described in paragraph C below. Should there be any complaints regarding survey services not satisfied by SURVCON INC., they may be addressed to the Texas Board of Land Surveyors at 7703 N. Lamar, Suite 304, Austin, Texas 78752; phone 512/452-9427. C. For all direct nonlabor expense, including surveying supplies, transportation, telegraph and telephone toll charges, repro- ductions, etc., and travel and subsistence for the Engineer's officers and staff, all as required for the proper execution of the work, and for all work subcontracted, the charge is the actual invoice cost plus a 10 percent service charge. Computer services on equipment owned or leased by the Engineer shall be invoiced according to the Schedule of Computer Charges. Travel by vehicles owned or leased by the Engineer shall be at 40 cents per mile, including that travel by survey crew vehicles owned or leased by SURVCON INC. Small boats owned or leased by SURVCON will be charged at the rate of $12.00 per day without motor and $22.00 with motor. Use of large boats will be covered by separate agreement, as needed. D. For outside services, such as making soil borings and performing laboratory tests on soil samples, or retaining special consultants, Client may, at his option, contract directly with a third party for such services, or through Turner Collie & Braden Inc. If such contracts are made through Turner Collie & Braden Inc., a handling charge of 10 percent will be added to the net amount of such contracts. E. Payments to Engineer for authorized services will be due upon presentation of monthly statements by Engineer for such services. If, within 30 days of the date of any such statement, Client should fail to pay Engineer the full sum specified in any such statement, then the Client shall pay to Engineer, in addition to the sum shown as due by such statement, interest on any unpaid portion thereof at the rate of 12 percent per annum from the date of such statement until fully paid, which shall fully liquidate any injury to Engineer arising from such delay in payments. F. Client agrees that Engineer's liability for the negligence, error, omission, or breach of warranty in the preparation of designs and drawings, the designation or selection of materials and equipment, the selection and supervision of Project Representatives and other personnel, or the performance of any other services pursuant hereto shall in no event exceed the amount of the total compensation received by Engineer for services rendered hereunder. Baas • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 25 88 Requested By: X Steve Gillett rpartment: Report k Resolution Public Works Ordinance Exhibits: 1. Memo from Buddy Jacobs. 2. Photographs of pipe. 3. Map of area. 4. Invoice from McKey Construction. 5. Memo from John Joerns. SUMMARY & RECOMMENDATION Emergency replacement of 350 feet of 8" sanitary sewer line by McKey Construction Company. The depth of the line (16 feet) and safety considerations precluded use of City equipment and personnel. City to furnish materials, do all backfilling, cleanup and street repair. Contractor to furnish equipment and personnel to replace the line. Point repair not possible due to extreme deterioration of line. Emergency declared due to sewer backing up into east side area. Cost of replacement was $8,407.50. Staff recommends approval of emergency use of McKey Construction to replace the 350 feet of 8" line under the conditions listed above with the cost being $8,407.50. Action Required by Council: Approve emergency replacement of sewer line by McKey Construction at a cost of $8,407.50. Availability of Funds: General Capital Other Fund Improvement Account Number: 002-806-806-413 X Water/Wastewater General Revenue Sharing Funds Available: X YES NO A r or City Council Agenda bertoolf. Herrera DAT City/Manager CITY OF LA PORTE INTER -OFFICE: MEMORANDUM TO: /St v Gillett, P blic Works Director DATE: January 19, 1988 FROM: S y Jacobs, Assistant Public Works Director SUBJECT: SEWER COLLAPSE The Sewer Maintenance Crew were making checks of the daily "trouble spots" on Thursday, January 7, 1988. A full manhole was found at the Happy Harbor Nursing Center. After investigation, a stoppage was found in the 8 inch trunk main approximately 350 feet east of Lift Station No. 1 located on East H Street. Attempts to unstop the line using the Sewer Jet Truck were unsuccessful. The next day, Friday, January 8, crews attempted again to unstop the line using the jet truck. After being unable to do so, the concrete street was broken out and excavation was started using a City backhoe. The backhoe dug to the limit of its capability (about 11 feet). Due to the lateness of the hour, it was decided to wait until Monday, January 11 to resume excavation. Bypass pumping was carried out all weekend. This was necessary because the collapsed line served a very large area and was surcharging many of the lines in that area. Monday, January 11, the Street Department assisted in the excavation by loaning a Gradall and operator. This allowed a greater depth (13 feet) to be reached. Safety equipment was in use (Trench Box). However, the box available was of insufficient construction to fully protect the employees at the depth they were working. Work was stopped after several cave-ins of the trench wall. No one was injured. The crews were very safety -conscious and were very watchful of any hazardous condition developing. The Street Department Gradall was digging at its limit and was unable to reach the depth of the line (approximately 16 feet). Due to the lack of suitable excavation and safety equipment, Curtis Herrod was instructed by myself to contact McKey Construction for repair of the sewer line. McKey was able to move equipment in Tuesday afternoon and began excavating the line on Wednesday morning, January 13. At this point it was still thought this would be a point repair. Page Two Sewer Collapse January 19, 1988 The contractor excavated the line and was unable to find pipe of a quality to allow a tie-in. The concrete line had deteriorated to the point that it had no top. The Contractor was requested to begin following the line until good pipe was found. The entire 350 feet of the line was so badly deteriorated it had to be replaced (see attached pictures). This was completed Tuesday, January 19 at a cost of $8,407.50. Emergency contractor use was due to: 1. City equipment was not adequate to reach the depths needed to excavate the line. 2. City safety equipment is designed to work at the depths normally encountered daily (about 6-10 feet). 3. City crews are not experienced in working in very deep excavations. Accidents and/or injury could possibly have happened due to this lack of experience. 4. Collapse of this line had caused back-ups in all of the sewers in its service area (see attached map). Bypass pumping was feasible for short periods. However, action had to be taken to open the line for use. We attempted to keep costs as low as possible by requesting the contractor supply only the equipment to excavate the line and enough personnel to repair the line. City crews would furnish material, do all backfilling, clean-up and repair the street. Traditional methods of repair (slip -lining, Insi.tuform, etc.) were not available. These methods require an open channel to be installed into. This line had collapsed along nearly its entire length blocking all opening through the pipe. Sufficient funds are available in the operations budget of the Wastewater Collection Division to pay for these repairs. The use of the contractor on an emergency basis will have to meet with City Council approval. I feel. that this use was justified and prudent. BJJ/lw f .. rti i � 1i� t '••ly •t• ;,� I 4t}rJ r i � r 1 ➢ : `y Il !. G -A S.! � � • O c•' �f .t i .�. t. y, r3 t � S'• ���. v� • r` t .A y^w ' R AAIM P-1 II v. All to 0 • McKEY CONSTRUCTION & EQUIPMENT, INC. "The Earth Moves and We Move It" 111 N. 16th St. P. 0. Box 9 LaPORTE,TEXAS 77571 Phone 471.2103 To City of La Porte TERMS: a�"\U0)0(mF4 N! 2170 IOUANTTY( s � � �`,.� �.. DE5O,m1Pt N r�'„m-'.- 't*,RtG._• AMOUNT,,. Work performed H street sewer line repair. 8,407. 00 See attached sheet's for daily charges DUPLICATE - YELLOW TRIPLICATE -PINK • • SITE WORK • UNDERGROUND UTILITIES McKey Construction & Equipment, Inc. %!ra fa %Route. "d we %J ~ 2. PHONE 471-2103 111 NORTH 16TH STREET P. 0. BOX 9 LA PORTE, TEXAS 77571 1/13/88 City of la. Porte H street sewer line repair. Working Foreman labors Cat 225 Water pmp 2" 8 hr. straight time @ 18.00 per hr.. 1,5 hr overtime @ 27.00 per hr.. $ 144.00 40.50 22 hr. straight time @ 14,00 per hr. $ 308.00 3 hr. overtime @ 21,00 per hr. 63.00 9.15 hr. @ 75.00 per hr $ 712.50 4 hr. @ 10.00 per hr, $ 40.00 Water pump 31' 4 hr. @ 15.00 per hr, $ 60.00 Air conmressor 4 hr. @ 12.00 per hr. $ 48,00 Air plugs $ 1.00 per inch per day 2 each 8" plug. 161' X 1.00 $ 16.00 Shoring box $ 100.00 per day $ 100.00 $ 1,532.00 0 • SITE WORK • UNDERGROUND UTILITIES McKay Construction & Equipment, Inc. " %a 6"d NOW4 a nd Wt, MW 2" PHONE 471-2103 111 NORTH 16TH STREET P. 0. BOX 9 LA PORTE. TEXAS 77571 1/14/88 Working Foreman 8 straight time @ 18,00 per hr. 1.5 hr. overtime @ 27.00 per hr. Labores 24 straight time @ 14.00 per hr. 4.5 overtime @ 21.00 per hr. Cat 225 Trench safety box Plugs 1.00 per inch per day. 9k, hr @ 75.00 per hr. @ 100.00 per day $ 144.00 40.50 $ 336.00 94.5© $ 712.00 $ 100.00 $ 1,435.50