HomeMy WebLinkAbout1988-02-22 Public Hearing and Regular Meeting
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MINUTES OF THE PUBLIC HEARINGS AND REGULAR MEETING
LA PORTE CITY COUNCIL
FEBRUARY 22, 1988
1. The meeting was called to order by Mayor Pro Tern John Lloyd
at 6:01 P.M.
Members of City Council Present: Mayor Pro Tern Lloyd,
Counci1persons Betty Waters, Ed Matuszak, Alton Porter,
Mike Shipp, Deotis Gay, B. Don Skelton, Jerry Clarke
Members of City Council Absent: Mayor Norman Malone
Members of Citv 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, Police Chief
Charles Smith, Director of Parks and Recreation Stan
Sherwood, Finance Director Jeff Litchfield, Director of
Public Works Steve Gillett, Director of Community
Development Joel Albrecht, Fire Chief Joe Sease, Assistant
Fire Chief John Dunham, CIP Manager Ross Cox, Purchasing
Manager Louis Rigby
Others Present: Gerald Schlott; Bruce Miku1in; Barbara
Nesvadba; nine residents of Bayshore Municipal Utility
District; Sharon Hensley; Nazir Nomin, Port Auto Truck
Stop; Tommy Stoneman, Texas Underground; Roy Payton, Black
& Veatch; Janet Graves, Planning and Zoning Commission;
Ever1ena Thornton; Melissa Doyle, Bayshore Sun; 17 citizens
2. The invocation was given by Counci1person Skelton.
3. Mayor Pro Tern Lloyd opened Public Hearing A - Request of
Gerald R. Schlott for a special conditional use permit to
allow for construction of a secondary dwelling on property
zoned as R-1 low density residential at 9401 Belfast,
Spenwick Section #2.
Mr. Schlott addressed Council to apprise them of his
request and the reasons he wished to have the permit
granted.
Joel Albrecht, Director of Community Development, reviewed
the request and gave the Planning and Zoning Commission's
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Minutes, Public Hearings and Regular Meeting
La Porte City Council
February 22, 1988, Page 2
recommendation, which was a split decision: 3 for and 3
against, with one member absent. Staff recommendation is
to grant the permit.
Members of Council then questioned staff regarding this
request.
The Mayor Pro Tem asked for public input regarding this
request. There being none, Public Hearing A was closed.
Mayor Pro Tem Lloyd called Public Hearing B to order -
Request of Bruce Mikulin for a special conditional use
permit to allow for construction of a secondary dwelling on
property zoned as R-1 low density residential at 615 South
Idaho, Bayfront Addition.
Mr. Miku1in addressed Council regarding his request and
stating the difficulties he was having due to an apparent
misunderstanding with staff regarding his permits.
Joel Albrecht, Director of Community Development, reviewed
the request and noted that indeed, some requirements had
been overlooked when Mr. Miku1in applied for his permit.
He gave Planning and Zoning Commission's recommendation,
which was a split decision: 3 for and 3 against, with one
member absent.
After questions from Council members had been answered, the
Assistant City Manager addressed Council regarding terms
and definitions used in the Zoning Ordinance and the
Development Ordinance, and that steps have been taken to
make the two consistent with each other.
The City Manager recapped the issue under discussion, and
asked what staff's recommendation is. Mr. Albrecht stated
that staff's recommendation is to deny the permit.
The Mayor Pro Tem asked for public input. One person had
signed up to speak, but declared that her questions had
been answered. There was no more public input, and the
Mayor Pro Tem declared the public hearing closed.
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Minutes, Public Hearings and Regular Meeting
La Porte City Council
February 22, 1988, Page 7
4. Council considered approving the minutes of the public
hearing, citizen participation meeting and regular meeting
of Council held February 8, 1988.
Motion was made bv Counci1Derson Skelton to approve the
minutes of February 8 as presented. Second by
Counci1person Porter. The motion carried, 8 ayes and 0
nays.
Ayes: Councilpersons Waters, Matuszak, Porter, Shipp, Gay,
Skelton, Clarke and Mayor Pro Tem Lloyd
Nays: None
5. Mrs. Barbard Nesvadba addressed Council regarding Community
Development Block Grant proposals. She supports a new
facility and a specially-equipped van for the S.P.C.R.T.
program.
Mr. Nazir Momen, representing Port Auto Truck Stop,
addressed Council to request that he be allowed to replace
a sign at his place of business that was destroyed during
Hurricane Alicia. He had been denied a sign permit because
of the existing moratorium on issuing sign permits. Mr.
Momen was asked to visit with the City Manager regarding
this matter.
Mr. Tommy Stoneman, president of Texas Underground,
addressed Council taking issue with the bids for a
hydraulic sewer cleaner.
The City Manager asked permission of Council to remove the
item regarding bids for a hydraulic sewer cleaner from the
consent agenda when that item was addressed, and allow
staff the opportunity to present its findings and what
actually occurred.
Mrs. Ever1ena Thornton addressed Council regarding the
proposed demolition of buildings located on her property
and asked that Council reconsider their vote and let her
keep her houses.
The City Manager apprised Council that there was an agenda
item under administrative reports that could address this
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Minutes, Public Hearings and Regular Meeting
La Porte City Council
February 22, 1988, Page 4
issue and that staff would have a recommendation at that
time.
6. Council considered approving a special conditional use
permit for Gerald Schlott for construction of secondary
dwelling on property zoned as R-1 low density residential.
Motion was made by Counci1person ShiDD to aDprove the
special conditional use permit for Mr. Schlott. Second by
Counci1person Gay. The motion carried, 6 ayes and 2 nays.
Ayes: Councilpersons Waters, Shipp, Gay, Skelton, Clarke
and Mayor Pro Tern Lloyd
Nays: Counci1persons Matuszak and Porter
7. Council considered approving a special conditional use
permit for Bruce Miku1in for construction of secondary
dwelling on property zoned as R-1 low density residential.
Motion was made bv Counci1person Gay to approve the special
conditional use permit for Mr. Miku1in. Second by
Counci1person Skelton. The motion carried, 5 ayes and 3
nays.
Ayes: Councilpersons Shipp, Gay, Skelton, Clarke and Mayor
Pro Tern Lloyd
Nays: Counci1persons Waters, Matuszak and Porter
8. Council received a presentation on the fire training
facility master plan, and considered approving the plan.
Motion was made by Councilperson ShiDP to aDprove the fire
training facility master plan. Second by Counci1person
Skelton. The motion carried, 8 ayes and 0 nays.
Ayes: Counci1persons Waters, Matuszak, Porter, Shipp, Gay,
Skelton, Clarke and Mayor Pro Tern Lloyd
Nays: None
9. Council considered approving an inter1oca1 agreement with
the Harris County Flood Control District regarding
improvements to the Unit F101-00-00 watershed.
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Minutes, Public Hearings and Regular Meeting
La Porte City Council
February 22, 1988, Page 5
Motion was made by Counci1oerson Skelton to aoprove the
inter1oca1 agreement with Harris Countv Flood Control
District regarding improvements to the Unit F101-00-00
watershed. Second by Counci1person Matuszak. The motion
carried, 8 ayes and 0 nays.
Ayes: Counci1persons Waters, Matuszak, Porter, Shipp, Gay,
Skelton, Clarke and Mayor Pro Tern Lloyd
Nays: None
10. Council considered approving SWA professional fee revision
regarding Little Cedar Bayou Park.
Motion was made by Counci1person Waters to approve an
increase of $17,~OO to the SWA contract and to convert the
contract to a fixed fee with reimbursable expenses billed
at actual cost. Second by Counci1person Shipp. The motion
carried, 8 ayes and 0 nays.
Ayes: Counci1persons Waters, Matuszak, Porter, Shipp, Gay,
Skelton, Clarke and Mayor Pro Tern Lloyd
Nays: None
11. Council considered annexation policy of Bayshore Municipal
Utility District.
The City Manager reported that the City of La Porte has
received an official request from BayMUD to consider
annexing them pending an affirmative vote on May 7, 1988.
He also reported that tests on samples taken at the request
of BayMUD on the abandoned oxidation ponds show that they
have an acceptable criteria of the eight heavy materials
sampled. Further testing would be done by the City if the
annexation vote is passed, before annexing BayMUD. BayMUD
is virtually debt free, and the infrastructure appears to
be sound. Staff recommends that we continue to study
annexation of BayMUD and that the City Council direct the
City Manager to notify BayMUD, in writing, that the City is
seriously looking at annexation.
Motion was made by Counci1person Waters to authorize the
City Manager to inform the Bayshore Municipal Utility
District, in writing, that the City of La Porte is
seriously considering the annexation Question and will
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Minutes, Public Hearings and Regular Meeting
La Porte City Council
February 22, 1988, Page 6
continue to do so. Second by Counci1person Skelton. The
motion carried, 8 ayes and 0 nays.
Ayes: Counci1persons Waters, Matuszak, Porter, Shipp, Gay,
Skelton, Clarke and Mayor Pro Tern Lloyd.
Nays: None
12. Council considered awarding an engineering services
contract for lift station #5.
Motion was made by Counilperson Skelton to award the
engineering services contract for list station #5 to
Manning Engineering in an amount not to exceed $8,000
without written approval. Second by Counci1person Waters.
The motion carried, 7 ayes and 0 nays. (Councilperson
Porter had left the meeting at 7:30 P.M.)
Ayes: Counci1persons Waters, Matuszak, Shipp, Gay,
Skelton, Clarke and Mayor Pro Tern Lloyd
Nays: None
13. Council considered approving a revised contract with
Concessions Management Services.
Motion was made by Counci1person Matuszak to approve the
revised contract with Concessions Management Services.
Second by Counci1person Clarke. The motion carried, 7 ayes
and 0 nays.
Ayes: Counci1persons Waters, Matuszak, Shipp, Gay,
Skelton, Clarke and Mayor Pro Tern Lloyd
Nays: None
14. Council considered approving a consent agenda as follows:
A. Consider awarding bid for Blazer/Bronco style truck
B. Consider awarding bid for 4-wheel drive pick-up truck
C. Consider awarding bid for water and sewer supplies
D. Consider awarding bid for chemical, insecticides, and
janitorial supplies
E. Consider awarding bid for cold aerosol generator
F. Consider awarding bid for hydraulic cleaning and vacuum
unit
At the request of the City Manager, item F was removed from
the consent agenda.
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Minutes, Public Hearings and Regular Meeting
La Porte City Council
February 22, 1988, Page 7
Motion was made bv Counci1person Waters to aoprove consent
agenda items A through E. Second by Counci1person
Matuszak. The motion carried, 7 ayes and 0 nays.
Ayes: Counci1persons Waters, Matuszak, Shipp, Gay,
Skelton, Clarke and Mayor Pro Tern Lloyd
Nays: None
After review of item F, motion was made by Counci1person
Skelton to reject all bids for that item and rebid. Second
by Counci1person Shipp. The motion carried, 7 ayes and 0
nays.
Ayes: Counci1persons Waters, Matuszak, Shipp, Gay,
Skelton, Clarke and Mayor Pro Tern Lloyd
Nays: None
15. Administrative Reports
A. Community Development Block Grant Proposals: Assistant
City Manager John Joerns reported that the prioritized
items to be presented as CDBG proposals are (1)
construction of a S.P.O.R.T. facility behind the
existing Evelyn Kennedy Civic Center, (2) a van for the
S.P.O.R.T. program and (3) street repair, curbing
repair, and wheelchair ramps for Main Street. Items
(1) and (2) will be submitted as one proposal.
B. Presentation from City Attorney on Eagle's Lodge
rezoning request: Knox Askins reviewed the rezoning
request of the Eagle's Lodge in order that they might
be able to put a parking lot on their adjacent
property. He reported that section 10-201 of the
Zoning Ordinance could be used to apply for a parking
lot, without having to rezone the property. This would
entail the Eagle's Lodge applying for a special
conditional use permit, with the understanding that
staff could impose some very stringent requirements.
Staff will contact the Eagle's Lodge to inform them
what avenues are open to them.
Mr. Dick McDuff, representative of the Eagle's Lodge,
was in the audience, and stated that they do want to
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Minutes, Public Hearings and Regular Meeting
La Porte City Council
February 22, 1988, Page 8
proceed with applying for a special conditional use
permit.
C. Staff report on dangerous building owned by Mrs.
Ever1ena Thornton: the City Manager stated that staff
had talked further with Mrs. Thornton regarding the
repairs she had made to the property. He pointed out
that the first time the buildings had been brought to
Council's attention was in 1985. They were reinspected
in 1987. In staff's opinion, the buildings are still
not up to code. He asked that Council make a decision
whether or not to extend the grace period, and if so,
to place an ordinance on the agenda to eliminate this
property from the CnBG program, so that staff can move
forward. In addition, he would ask that Mrs. Thornton
give the City a "hold harmless" agreement whereby she
would not hold the City of La Porte responsible if
anything were to occur on her property.
Council's consensus was that the item should not be put
on agenda for further action.
16. Council Action: Counci1persons Matuszak, Skelton, Clarke
and Mayor Pro Tern Lloyd brought items to Council's
attention.
Counci1person Skelton requested staff look into costs of
electricians tests given by the City, and also asked that
something be done about smoking during the board meetings.
Mayor Pro Tern Lloyd asked that the City Manager bring a
report back to Council under Administrative Reports at the
next meeting of changes and procedures to prevent things of
the type that occurred in the public hearings tonight from
happening.
17. Council adjourned into executive session at 8:31 P.M. to
receive a report by the City Manager and the City Manager
regarding landfill appraisal. Council returned to the
table at 8:50 P.M.
18. There being no further business to come before the Council,
the meeting was duly adjourned at 8:50 P.M.
Respectfully submitted:
.~~
Cherie Black
City Secretary
Minutes, Public Hearings and Regular Meeting
La Porte City Council
February 22, 1988, Page 9
Passed & Approved this
the 14th day of March,
1988
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Februarv 22.1988
Requested By: Ervin J. Griffith
Department: Code Enforcement
Comm. Development
/
x
Report
Resolution
x
Ordinance
Exhibits:
1.
2.
Staff's background report and exhibits
Transmittal memo from Planning & Zoning Chairman to
Council
Special Conditional Use Permit
3.
SUMMARY & RECOMMENDATION
Mr. Schlott has requested a Special Conditional Use Permit to
allow the conversion of an existing accessory building to a
secondary dwelling. Staff has found that all conditions which are
prerequisites to the granting of this request have been met. (See
Staff's background report)
The Planning & Zoning Commission considered this request
during their January 28, 1988 Public Hearing & Regular Meeting.
After reviewing Staff's report and receiving public input, the
Commission split on their recommendation vote.
This request has therefore been forwarded with a split
recommendation. Three Commissioners favoring approval of this
conditional use permit and three opposing it.
Action Required by Council:
1. Hold public hearing to take public input regarding this
request.
2. At the close of public hearing, vote to approve or deny
this Special Conditional Use Permit.
Availability of Funds: N/A
Account Number:
Water/Wastewater
r.pnpr~l Revenue Sharing
Funds Available: __ YES __ NO
General Fund
~__.:...._, T__"".....^"o"'01"\~
Approved for Citv Council Agenda
QJ~ T. ~
Robert T. Herrera
City Manager
~ - \<6 -'64.1
DATE
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STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF MEETING
~
In accordance with Ordinance 1501, the City of La Porte Zoning
Ordinance, notice is hereby given that the La Porte City Council
will conduct a public hearing at 6:00 P.M. on the 22nd day of
February, 1988, in the Council Chambers of the City Hall, 604 West
Fairmont Parkway, La Porte, Texas. The purpose of the Public
Hearing is to consider the request of Gerald R. Schlott for a
Special Conditional Use Permit to allow for construction of a
secondary dwelling on property zoned as R-1 Low Density Residential
at 9401 Belfast, Lot 4, Block 13, Spenwick Section #2.
Citizens wishing to address this issue may do so in writing,
addressed to the City Secretary, P.O. Box 1115, La Porte, Texas
77571. Citizens wishing to address the Council pro or con during
the Public Hearing will be required to sign in before the meeting
is convened.
CITY OF LA PORTE
Cherie Black
City Secretary
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Person Making Request: Gerald R. Schlott
9401 Belfast
La Porte, Texas 77571
Type of Reauest: Special Conditional Use Permit
Permit Requested For: 9401 Belfast
Legal Description: Lots 199; Block 13; Spenwick Place Section II
Zoning: R-1, Low Density Residential
Background:
Mr. Schlott is requesting a Special Conditional Use Permit to allow him
to convert an existing accessory dwelling located on his property to a
secondary dwell ing. As noted above, Mr. Sc hlot t 's home, located at
9401 Belfast, is in an existing R-1 neighborhood.
Section 5-600 (residential) of the
secondary dwellings in R-1 zones as
subject to the following conditions:
City's zoning ordinance lists
a cond it ionally permitted use
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Special Conditional Use Permit - Schlott
Page 2
Item C - Compatibi1itv With Surrounding Area
The architectural appearance and functional plan of the
building(s) and site shall reflect the building
character of the area and shall not be so dissimilar
to the existing buildings or area as to cause impairment
in property values or constitute a blighting influence
within a reasonable distance of the development. The
proposed development is to be compatible with the
existing and planned use of the area and conflicts are
not to be created between the proposed use and existing
and intended future use of the surrounding area.
Item E - Compatible Alterations and Adequate Parking
Adequate parking as required by Section 10-600 must be
provided on the lot and not within any required front
yard. Any exterior alterations must be compatible with
the existing structure and the surrounding neighborhood.
Additional items of consideration are as follows.
1. Site area per dwelling: A minimum of 6000 sq. ft. of
lot area per dwelling unit is required by section 5-700
table B.
Maximum lot coverage: The maximum allowable building
coverage for any lot of record is 40%. (section 5-700
table B.)
3. Accessory building setbacks: Secondary dwellings under
the zoning ordinance are considered as accessory
buildings. Accessory building setbacks are listed as
3ft. from any property line. In addition accessory
buildings must be setback at least 6ft. from any other
structure located on the same piece of property. (section
10-302)
4. Maximum height: The maximum allowable
accessory bu ild ings is 15ft. The allowable
detached garages is 20ft. (section 10-302)
height
maximum
for
for
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Special Conditional Use Permit - Schlott
Page 3
Analvsis:
In reviewing this application, staff first verified compliance with
setback and lot coverage requirements. Actual lot coverage is
approximately 25%. This is 15% under the required minimum. The
building lies within all accessory building setback lines (See Exhibit
A) and with a total lot area of 12,855 sq. ft. There is over 6000 sq.
ft. per dwelling unit as required by ordinance.
The next factors to be considered are the specific conditions the
zoning ordinance places on this type of property use.
Compat ib il it Y With Surround ing Area: Sta ff surveyed the ne ighborhood
surrounding Mr. Schlott's property (See Exhibit B). For the purpose of
this survey, the boundaries of the Spenwick subdivision were considered
to be neighborhood boundaries. The survey results are as follows:
There are 21 homesite with more than one dwelling unit per site. The
most common type of secondary dwelling being mobile homes (13). There
are 2 small mobile home parks included in this total. Also included in
this total are 6 garage or attached apartments and 2 duplexes.
Al though the mobile homes referenced above are non-conforming uses,
staff is looking at the use of specific lots for more than one dwelling
and not at the type of secondary dwelling located there.
Compatible Alterations and Adequate Parking: The Zoning Ordinance
requires 2 off street parking spaces (Section 10-600) not located in a
required front yard. Mr. Schlott is to provide staff with his proposed
parking layout prior to the Commision's public hearing. Staff's final
recommendat ion w ill be cont ingent on the su i tab il i ty of Mr. Schlott's
parking plan.
Conclusion:
Mr. Schlott's building meets setback and lot coverage requirements. A
conversion of this building to a dwelling unit appears to be compatible
with the ordinance's requirements as they impact this neighborhood. If
Mr. Schlott's park ing prov is ions meet ord inance requ irement s, a 11 the
prerequisites for a Special Conditional Use Permit will be met.
Recommendation:
Subject to adequate parking provlslons, this request should be
considered by the Planning and Zoning Commission.
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Purchaser:
Property Address:
940
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Lon,
LeQol Description: L D f
Pltlc,
P{1. II ,
199, 81DCk I~, Df 5p,nwick
5,cfiDn rWD, R,cDrd,d In VDI.48,
H. C. M. R.
TO ALL PARTIES INTERESTED IN TITLE TO PREMISES SURVEYED:
&.
1. the undersigned, a Registered Public Surveyor of the State of Texas do hereby
certify that this plat correctly represents a survey made on the ground this day
under my supervision, of the property legally described hereon, and that there
were no encroachments other than those shown hereon, and that all improvements
lie wholly within the property lines according to the information furnished to me,
and that this property has access to and from a dedicated roadway.
CIVil CONCEPTS. INC. ...FlOOO STATEMENT
4117 Vista Road. Sui teB ~o~~':;;~~';'! O~~Of_'''o04 ":'::~.:o.;d:r: ':"~. ,c;:';':t::..':,,,:~
Pasadena. Texas 77504 d.to...I..d thU th. troct h...by '.rY.yod IIn wlthl. 1_ 'C'
(713) 947 6606 ' ~ or.. .... of oln'''' f1ood'.9,
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Dote:
9-/7-87
Richard W. Cansler R.P.S.
Reg. Pub. Surv. - tex. #4136
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f)(hibit B
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INTER-OFFICE MEMORANDUM
To: Mayor and City Council
From: Doug Latimer, Chairman of Planning & Zoning Commission
Subject: Gerald R. Schlott's request for a Special Conditional
Use Permit for 9401 Belfast
Date: February 9, 1988
Mr. Schlott has requested a Special Conditional Use Permit to
allow the conversion of an existing accessory building, located
at his home, to a secondary dwelling. Mr. Schlott's property is
located within an R-1 zone. This use is conditionally permitted
by section 5-600 of the City's zoning ordinance.
After recelvlng citizen imput during public hearing and
reviewing Staff's background report, the Commission split on the
recommendation vote. Three Commissioners favor approval of this
request while three favor denial. The seventh Commissioner was
absent from this meeting.
DL/nd
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CITY OF LA PORTE
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SPECIAL CONDITIONAL USE PERMIT
Ordinance #1501
Permit No.
CLP Job No. 87-007
This permit issued to:
Gerald R. Schlott
Owner or Agent
9401 Belfast La Porte, Texas
Address
For Development of:
Secondary Dwelling
Development Name
Q401 Belfast
Address
Lot 4, Block 1~, Spenwick Section #2
Legal Description
Zoning: R-1
PERMIT CONDITIONS
Failure to begin construction within one (1) year after issuance or
as scheduled under the terms of a special conditional use permit
shall void the permit as approved, except upon an extension of time
granted after application to the Planning and Zoning Commission.
If construction is terminated after the completion of any stage and
there is ample evidence that further development is not contem-
plated the ordinance establishing such special conditional use
permit may be rescinded by the City Council, upon its own motion or
upon the recommendation of the Planning and Zoning Commission of
the City of La Porte, and the previous zoning of the entire tract
shall be in full effect on the portion which is undeveloped.
Additional Conditions
Validation Date:
Zoning Administrator
City Secretary
AMEND-9/'87
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Februarv 22, 1q88
Requested By: Ervin J. Griffith
Department: Code Enforcement/
Comm. Deve100ment
x
Report
Resolution
x
Ordinance
Exhibits:
1. Staff's background report and exhibits
2. Transmittal memo from Chairman of Planning &
Zoning to Council
3. Special Conditional Use Permit
SUMMARY & RECOMMENDATION
Mr. Bruce Miku1in is requesting a Special Conditional Use
Permit to allow construction of a secondary dwelling at his home.
(615 South Idaho) This is listed as a conditional use in Section
5-600 of the City's Zoning Ordinance (No. 1501). This request has
been considered during the Planning & Zoning Commission's Public
Hearing and Regular Meeting of January 21, 1988.
During this meeting, Staff recommended against granting this
request based on inadequate building site area. (See back up
report) After reviewing Staff's report and taking public input,
the Commission split on the recommendation vote.
This request has therefore been forwarded with a split
recommendation. Three Commissioners favoring approval of this
condition use permit and three opposing it.
Action Required by Council:
1. Hold public hearing regarding this special conditional
use permit request.
2. At the close of public hearing, call for vote to approve
or deny the Special Conditional Use Permit.
Availability of Funds: N/A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
ADDroved for City Council A~enda
G?~-\ T. ~
Robert T. Herrera
City Manager
A - \X) --B\1
DATE
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STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF MEETING
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In accordance with Ordinance 1501, the City of La Porte Zoning
Ordinance, notice is hereby given. that the La Porte City Council
will conduct a public hearing at 6:00 P.M. on the 22nd day of
February, 1988, in the Council Chambers of the City Hall, 604 West
Fairmont Parkway, La Porte, Texas. The purpose of the Public
Hearing is to consider the request of Bruce Mikulin for a Special
Conditional Use Permit to allow for construction of a secondary
dwelling on property zoned as R-1 Low Density Residential at 615
South Idaho, Lots 11-12, Block 7, Bayfront.
Citizens wishing to address this issue may do so in writing,
addressed to the City Secretary, P.O. Box 1115, La Porte, Texas
77571. Citizens wishing to address the Council pro or con during
the Public Hearing will be required to sign in before the meeting
is convened.
CITY OF LA PORTE
Cherie Black
City Secretary
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Person Making Reauest: Bruce Mikulin
615 South Idaho
La Porte, Texas 77571
Tvpe of Request: Special Conditional Use Permit
Permit Requested For: 615 South Idaho
Legal Description: South 17ft. of Lot 10; All of lot 11;
North 10ft. of Lot 12; Block 7; Bayfront'
Zoning: R-1 Low Density Residential
Background:
Mr. Miku1in is requesting this special conditional use permit so that
he may build a garage apartment behind his home. As noted above, this
house, 615 South Idaho, is located in an existing R-1 neighborhood.
Sec t ion 5-600 (res ident ial use table) of the City's zon ing ord inance
lists secondary dwellings in R-1 zones as conditionally permitted
subject to the following conditions:
Item C - Compatibility With Surrounding Area
The architectural appearance and functional plan of
the building(s) and site shall reflect the building
character of the area and shall not be so dissimilar
to the existing buildings or area as to cause impairment
in property values or constitute a blighting influence
within a reasonable distance of the development. The
proposed development is to be compatible with the
existing and planned use of the area and conflicts are
not to be created between the proposed use and existing
and intended future use of the surrounding area.
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Special Conditional Use Permit - Mikulin
Page 2
Item E - Compatible Alterations and Adeauate Parking
Adequate parking as required by Section 10-600 must be
provided on the lot and not within any required front
yard. Any exterior alterations must be compatible with
the existing structure and the surrounding neighborhood.
Additional items of consideration are as follows.
1. Site area per dwelling unit: A minimum of 6000 sq. ft.
of lot area per dwelling unit is required by section
5-700 table B.
2. Maximum lot coverage: The maximum allowable building
coverage for any lot of record is 40%. (Section 5-700
table B.)
3. Accessory building setbacks: Secondary dwellings under
the zoning ordinance are considered as accessory
bu i1d ing s. Accessory bu ild ing setback s are 1 isted as
3ft. from any property line. In addition accessory
buildings must be setback at least 6ft. from any other
structure located on the same piece of property. (section
10-302)
4. Maximum height: The maximum allowable height for
accessory buildings is 15ft. The allowable maximum for
detached garages is 20ft. (section 10-302 )
5. Rear yard coverage: Detached accessory buildings
located in rear yards may not occupy more than 25% of
that yard.(section 10-302)
Analysis:
In reviewing this application, staff has found two requirements Mr.
Miku1in is unable to meet on his property. Specifically they are
mlnlmum site area per dwelling and maximum allowable height for a
detached accessory building.
Conclusion:
As this request does not meet all the requirements set out for a
secondary dwelling, staff recommends denial of this special conditional
use permit.
Recommendation:
Denial of this request.
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Exhibit B
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INTER-OFFICE MEMORANDUM
Subject:
Mayor and City Council II
Doug Latimer, Chairman of Planning & Zoning commissionl).-d~~
Bruce Miku1in's request for a Special Conditional Use Permit
for 615 South Idaho
February 9, 1988
To:
From:
Date:
Mr. Miku1in has made this request so that he may build a garage
apartment behind his home at 615 South Idaho. This house is located
within an R-1 zone. Al though secondary dwell ings are a 1 isted R-1
conditional use, Mr. Mikulin's request does not appear to meet all
requirements that are prerequisites for approval.
With there being no citizen input during the public hearing and
reviewing Staff's background report, the Commission split on the
recommendation vote. Three Commissioners favor approval of this
request while three favor denial. The seventh Commissioner was absent
from this meeting.
DL/nd
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THE CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
FEBRUARY 17, 1988
TO:
THRU:
FROM:
SUBJECT:
City Manager
John
Asst. City Manager
Joel recht, Director of Community Development ~
Bruce Mikulin's Request for a Conditional Use Permit
Last December, Mr. Mikul in came to the Code Enforcement office to
discuss the possibility of placing a garage apartment in his back yard
for his mother. As the staff rev iewed his request with him they
discussed the number of ex ist ing similar uses in the area, access to
the property, parking, lot coverage, setbacks, height of buildings and
rear yard coverage. They did not discuss the site area per dwelling
requirement. Mr. Miku1in was told to discuss the requirements for
enter ing his property from the 16 foot alley located in the rear of
his lot, with the Public Works Department.
He then returned at a later date and told the Code Enforcement
personnel that he needed to build the garage anyway. He asked for a
permit for this construction and was given a "foundation only"
permit. Mr. Miku1in did complete his foundation and also put up the
studs for the walls as well.
The staff has had several meetings with Mr. Mikulin and has explained
to him that we don't know how the Planning and Zoning Commission or
the City Council would vote on his request. The staff also told Mr.
Mikulin that we would be recommending in opposition to his request due
to the requ irement of 6,000 square feet per dwell ing un it. H is lot
does not meet this requirement, since it is 125' deep x 57' wide and
and has only 7125 square feet total.
JHA/nb
e CITY OF LA PORTE .
SPECIAL CONDITIONAL USE PERMIT
Ordinance 111501
Permit No.
CLP Job No. 87-006
This permit issued to:
Bruce Miku1in
Owner or Agent
611) South Idaho
Address
For Development of:
Secondary Dwelling
Development Name
615 South Idaho
Address
South 17ft. of Lot 10; All of Lot 11;
North 10ft. of Lot 12; Blk 7;Bayfront
Legal Description
Zoning: R-1
PERMIT CONDITIONS
Failure to begin construction within one (1) year after issuance or
as scheduled under the terms of a special conditional use permit
shall void the permit as approved, except upon an extension of time
granted after application to the Planning and Zoning Commission.
If construction is terminated after the completion of any stage and
there is ample evidence that further development is not contem-
plated the ordinance establishing such special conditional use
permit may be rescinded by the City Council, upon its own motion or
upon the recommendation of the Planning and Zoning Commission of
the City of La Porte, and the previous zoning of the entire tract
shall be in full effect on the portion which is undeveloped.
Additional Conditions
Validation Date:
Zoning Administrator
City Secretary
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SUBJECT ON WHICH I WISH TO SPEAK:
STar
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ADDRESS: ?/;;< LJ ~,~t.,
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Februarv 22,1Q88
Requested By: Ross Cox
X Report
Department:
CIP
Resolution
Ordinance
Exhibits:
SUMMARY & RECOMMENDATION
Council awarded the design of The Fire Training Facility to Black
& Veatch Architects in November, 1987. Staff has been working
with Black & Veatch to develop the site master plan.
The project includes a multi-storied burn building and a small
house burn building to simulate commercial and residential fire
fighting techniques. The facility also provides classrooms, paved
parking, storage areas, a drafting pit, and a pistol range for
police training.
Action Required by Council:
Approval of Master Plan
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
Approved for Citv Council Agenda
~Tf~
Robert T. Herrera
City Manager
'2 - \ X)"-'6 CO
DATE
REOUE~ FOR ~ITY COUB~IL AGENDt ~
Agenda Date Requested: Februarv 22,1g88
Requested By: Ross Cox
X Report
Department:
CIP
Resolution
Ordinance
Exhibits:
Draft Inter10cal Agreement
SUMMARY & RECOMMENDATION
Series 1985 General Obligation Bonds were sold in the amount of
$1,000,000 to provide funds with which to pay the cost of
acquiring rights-of-way, constructing new drainage ditches and
improving existing drainage ditches in the Northwest quadrant of
the City.
The Harris County Flood Control District (HCFCD) has completed and
the City has approved a Master Drainage Plan for watershed
F101-00-00 which encampasses the Northwest quadrant of the City.
The cost estimated to complete the improvements are approximately
$6,000,000.
It is of mutual benefit to the City and the HCFCD to enter into an
Inter1oca1 Agreement whereby the City will contribute its
$1,000,000 to the project and the HCFCD will contribute all the
remaining funds required in addition to managing the project.
In order to ensure expending the City's funds prior to October 31,
1988, the agreement specifies that the City's Funds are to be
spent on certain, early portions of the project.
The agreement has preliminary approval of the HCFCD but must be
ratified by the Harris County Commissioner's Court. Staff is
recommending council approve the Inter1oca1 Agreement and
expenditure of $900,000 for the improvements contingent upon
approval by the Harris County Commissioner's Court and execution
by HCFCD.
Action Required by Council:
Contingent approval of Interlocal Agreement
Availability of Funds:
X
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 011-700-70g-S00 Funds Available: 1- YES NO
ADproved for City Council Aienda
G~T:~
Robert T. Herrera
City Manager
Z-l &-,,~
DATE
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I N T E R L 0 C A LAG R E E MEN T
THE STATE OF TEXAS
COUNTY OF HARRIS
THIS AGREEMENT, is made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation under the laws of the
State of Texas, hereinafter designated "City" and the HARRIS COUNTY
FLOOD CONTROL DISTRICT, a bOdy corporate and politic under the laws of
the State of Texas, hereinafter designated "District".
WIT N E SSE T H:
WHEREAS, the City has appropriated funds from the sale of certain
general obligation bonds for improvements for the Unit F101-00-00
watershed; and
WHEREAS, the City is otherwise obligated to expend said funds for
such improvements prior to October 31, 1988; and
,~
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WHEREAS, the District has completed and the City has approved the
Master Drainage Plan for Unit F101-00-00, hereinafter designated as
"Drainage Plan"; and
WHEREAS, the District and the City desire to cooperate in
improvements of Unit F101-00-00, in concurrence with Alternative I of
the Drainage Plan, hereinafter referred to as the "Project"; and
WHEREAS, the City agrees to reimburse the District $900,000 for
the City's share of the aforesaid Project; and
WHEREAS, the District and the City have determined it would be to
the mutual benefit of the City and the District to cooperate in the
Project and to share the costs of the project which accomplishes their
mutual desires, separate undertakings being more costly and less
efficient; and
WHEREAS, the District is willing to furnish all funds for the
Project not provided by the City and to diligently obtain all
right-of-way, let contracts for and administer the design and
construction of the Project, if and only if, the City will contribute
those funds referred to herein; and
WHEREAS, the City is willing to adjust all City owned utilities at
its own expense;
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NOW, THEREFORE, in consideration of the mutual covenants,
agreements, and benefits to the parties herein, it is agreed as
follows:
I.
Within thirty (30) days of obtaining necessary right-of-way, the
District shall give notice in writing of the same as to the cost of
said right-of-way as provided herein.
II.
Within thirty (30) days of the receipt of the aforesaid notice,
the City shall pay to the District the cost of acquiring said
right-of-way, subject to provisions under Section XII of this
Agreement.
III.
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Within thirty (30) days of completion and approval of the
construction plans and specifications therefor, the District shall
give notice, in writing of the same along with its intent to bid and
award construction of specific portions of the Project in a manner
similar to the manner used by the District for other like and similar
projects, and award the contract in accordance with applicable law.
IV.
Within thirty (30) days of verifying and accepting a legal bid for
the specific portion of the Project, the District shall notify the
City in writing as to the cost of such portion of the Project.
V.
Within thirty (30) days of receipt of the aforesaid notice, the
City shall pay to the District the cost of such portions of the
Project, sUbject to the provisions under Section XII of this
Agreement.
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VI.
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The District shall administer right-of-way acquisition,
construction, construction bidding, and perform construction
inspection, materials testing, and surveying for the Project.
District will be the owner of all property acquired pursuant to
Project, and maintenance of the drainage facilities resulting
therefrom shall be the responsibility of the District.
The
the
VII.
The City agrees to relocate, as affected by the plans and
specifications referred to above, any and all City owned utilities at
the City's sole expense and without any offset to the amounts referred
to herein.
VIII.
If an acceptable bidder does not respond to the advertisement or
fails to execute the construction contract, or fails to provide the
bonds required by law; either party may rescind this agreement by
giving thirty (30) days written notice to the other party.
~
IX.
The District shall have the right to make any changes in the plans
and specifications as its Engineer may deem necessary or desirable
during the construction of the Project within scope of the Drainage
Plan without notice to the City. However, the City shall not be
obligated to expend any funds in excess of those hereinbefore
specifically allocated by the City for the Project as a result of any
change in said plans or specifications.
X.
To the extent of the City's funds provided for herein and to the
extent such action is feasible, the District will pursue the
completion of the following portions of the Project including related
engineering, acquisition of right-of-way, construction and
construction services by October 31, 1988.
Watershed Study for Unit F101-00-00
Right of Way acquisition
Replacement of Sens Road Bridge
Replacement of Valley View Drive Bridge
Channel improvements from State Highway 146 extending
approximately 2000 feet down stream
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XI.
Upon final completion of each specific portion of the Project in
accordance with the plans and specifications therefor, the District
will deliver to the City a written certification of the fact of such
completion, and an itemized statement setting forth the total actual
cost of said specific portion of the Project. If the total actual
cost of the Project is less than the amount previously paid to the
District by the City, then, and in that event only, shall the District
make any refund to the City.
XII.
The City is not obligated to expend any funds on the Project
exceeding a total of $900,000. The District share shall be any and
all expenditures over $900,000 to complete the Project.
XIII.
.~
No party hereto shall make, in whole or in part, any assignment of
this Agreement or any obligation contained herein without the prior
written consent of all parties hereto.
XIV.
All notices and communications under this Agreement shall be mailed by
certified mail, return receipt requested, or delivered, to the
following address:
City Manager
City of LaPorte
P.O. Box 1115
LaPorte, Texas 77571
Attention: Assistant City Manager
All notices and communications under this Agreement shall be mailed by
certified mail, return receipt requested, or delivered to the District
at the following address:
Harris County Flood Control District
9900 Northwest Freeway, Suite 220
Houston, Texas 77092
Attention: District Director.
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xv.
This instrument contains the entire agreement between the parties
herein named relating to the rights herein granted and the obligations
herein assumed and may only be amended by written instrument of like
dignity executed by all parties hereto.
In witness whereof, this instrument in multiple counterparts, each
having the force and effect of any original, has been executed by the
parties on the day of , 19___.
ATTEST:
CITY OF LaPORTE, TEXAS
City Secretary
Mayor
City Controller
City Manager
City of LaPorte, Texas
~i
~~
APPROVED AS TO FORM;
City Attorney Attorney
City of LaPorte, Texas
APPROVED AS TO FORM:
HARRIS COUNTY FLOOD CONTROL DIST.
By
County Judge, Harris County,Texas
Assistant County Attorney
AUDITOR'S CERTIFICATE
I hereby certify that funds are. available in the amount of
________________ to accomplish and pay the obligation of the Harris
County Flood Control District under this contract.
County Auditor
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ORDER AUTHORIZING-EXECUTION OF AGREEMENT BETWEEN
HARRIS COUNTY FLOOD CONTROL DISTRICT
AND
THE CITY OF LaPORTE
THE STATE OF TEXAS *
COUNTY OF HARRIS *
On this, the day of , 198___, the
Commissioners Court of Harris County, Texas, sitting as the governing
body of the Harris County Flood Control District, upon the motion of
Commissioner , seconded by Commissioner
duly put and carried,
IT IS ORDERED that County Judge Jon Lindsay be, and he is hereby,
authorized to execute for and on behalf of the Harris County Flood
Control District an Agreement between the Harris County Flood Control
District and the City of LaPorte, Texas for sharing the cost of flood
control improvements to Harris County Flood Control District Unit
F101-00-00 for a maximum fee of , said Agreement
being incorporated herein be reference for all purposes as though
fully set forth herein word for word.
~J
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~T FOR CITY COUNCIL AGENDA~
Agenda Date Requested: Februarv 22,1g88
Requested By: Ross Cox
Department:
CIP
X Report
Resolution
Ordinance
Exhibits:
Letter to SWA Group Dated February 17, 1988
Exhibit A - Construction Administration Manhour Matrix
SUMMARY & RECOMMENDATION
The Little Cedar Bayou Park project was originally considered to
be constructed by a single general contractor who would coordinate
and manage the work of all subcontractors and form a single point
of contact for the construction administration to be performed by
the Architect. The construction was bid in accordance with this
original plan and proved to be significantly over budget.
When the project construction was divided into six separate
packages, the amount of interface work required for construction
administration increased. Requirements include increased
contractor invoice checking, added work scheduling and interfacing
of work to produce a cohesive construction plan resulting in
minimum time and cost to the City.
To accomplish these results, the construction administration
portion of the project requires added work scope resulting in
added fees for that work. Staff recognizes the budget limitations
on the project and has taken steps to minimize further increases
in cost. Toward this end, SWA Group has agreed to convert their
present hourly rate contract to a fixed price contract
incorporating the added fees for the extra work. The nature of
this fixed price contract with SWA Group will then mean that SWA
Group will perform the construction administration tasks cited in
Exhibit A, as a minimum, and no further increases in fees will be
programmed unless the actual scope of the project is either
increased or decreased for reasons not currently anticipated. In
addition, all of SWA Groups' consultants will be billed only as
needed and then only through reimbursable expenses. The
reimbursable expenses for the current contract allow a 10% markup
to be added. However, by this revision to the contract, the 10%
markup will be waived by SWA Group and all reimbursable expenses
will be billed at actual cost.
The fixed fee portion of the contract will be increased from the
current $ 143,930. to $ 161,430., an increase of $ 17,500. which
will be budgeted out of the contingency of $ 50,000 established at
the time construction bids were awarded leaving a contingency of
$32,500.
Action Required by Council:
Staff recommends Council approve an increase of $ 17,500. to SWA
Group contract, conversion of that contract to a fixed fee with
reimbursable expenses billed at actual cost.
Availability of Funds:
General Fund
X Capital Improvement
Other
Account Number: 011-800-801-S08 Funds Available: -X- YES NO
Water/Wastewater
General Revenue Sharing
Approved for City Council Agenda
~'~~
Robert T. Herrera
City Manager
? _-- \ 8-'6 C()
DATE
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CITY OF LA PORTE
PHONE(713)471.5020 . P,O,BoX1115 . LAPORTE,TEXAS77571
February 17, 1988
The SWA Group
1245 West 18th Street
Houston Texas 7J008
Attention:
John Cutler
Subject:
Little Cedar Bayou Park
Professional Services Agreement
Gentlemen:
Reference is made to the following documents:
Professional Services Agreement, November 3, 1986
Trench Law fee Adjustment, October 30, 1987
Reimbursable Expenses Adjustment, November 24, 1987
In summary, our current agreement totals approved for
expenditures of :
Professional Services
Reimbursable Expenses
$143,930
$ 29,743
As stated in your letter of February 2, 1988, a fee adjustment is
necessary for the construction administration of the project due
to having six contractors to work with instead of only one.
Based on our vereba1 discussion on the subject the City of La
Porte is agreeable to the followIng adjustments:
1. Increase the Professional services fee from $143,930 to
$161,430
2. Convert the professional services agreement to a fixed
price agreement where SWA will provide all construction
administration required (as outlined in your February 2
letter as a minimum) for the duration of the
construction work.
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Little Cedar Bayou Park
Page 2 of 2
February 12, 1988
3. Make all future billings from SWAts consultants as
reimbursable expenses and minimize such expenses as much
as possible without compromising the technical integrity
of the project.
4. Eliminate the 10% markups on future reimbursable
expenses
Please indicate SWAts agreement below and return both copies of
this letter to me right away. I will have the City execute the
change upon approval by the City Council.
Very truly yours,
CITY OF LA PORTE
W. Ross Cox, PhD
CIP Project Director
Accepted by SWA Group
Approved by City of La Porte
By:
By:
Title:
Title:
Date:
Date:
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LITTLE CEDAR BAYOU PARK
CITY OF LAPORTE, TEXAS
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CONSTRUCTION OBSERVATION MANHOUR PROJECTIONS
FEBRUARY 1, 1988
(Disk 10, LAP654M)
PACKAGE ONE THROUGH SIX
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--------
Proj .
Month Mgr.
Site Shop Change/ Site
Meetings Drawings Clarif. Visits
Punch Prof.
Lists Office
Clerical
--------------------------------------------------------------------------------
TP : WM TP : WM
TP l WM
TP : WM
--------------------------------------------------------------------------------
Feb.
4
3
2 . 64
6
18
12
32
6
21
--------------------------------------------------------------------------------
Mar.
4
5
2 64
6
30
12
40
10
23
--------------------------------------------------------------------------------
April 4
4
2
24
12
32
8
21
--------------------------------------------------------------------------------
May
4
5
2
30
12
40
10
21
--------------------------------------------------------------------------------
June
4
4
2
24
12
32
8
22
--------------------------------------------------------------------------------
July
4
4
2
24
12
32
8
20
--------------------------------------------------------------------------------
Total 24
25
12 128
12 72
150
72
72 208
50
128
--------------------------------------------------------------------------------
EXPLANATION OF PROJECTIONS
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PROJECT MANAGER: 4 hours each month.
SITE MEETINGS: Tim Peterson 1 hour each week. Wilson McClain 1 hour, alternating weeks.
SHOP DRAWINGS: 3 major shop drawings, 28 major submittal catagories.
CHANGE ORDERS, CLARIFICATIONS: 1 each every month for all jobs.
SITE VISITS: Tim Peterson on site one time each week for 6 hours. Wilson McClain
on site alternate weeks for six hours.
PUNCH LISTS: Preliminary punch for each job will be done at regular site visits.
Punch lists and final inspections are included
PROFFESIONAL OFFICE: Tim Peterson 2 hours per day, 4 days per week. Wilson McClain
2 hours per week.
CLERICAL: 1 hour per day, five days each week.
REOUEST FO~ITY COUNCIL AGENDA ITEM ~
Agenda Date Requested:
February 22, 1988
Requested By: Robert T. Herrera Department:
Admini!'ltr:tt"inn
x Report Resolution
Ordinance
Exhibits:
Letter from Clark Morris, President BayMUD Board of Supervisors
Resolution 242
SUMMARY & RECOMMENDATION
Enclosed please find a letter from the President of the BayMUD Board of
Supervisors along with an executed Resolution by the Board requesting
the City of La Porte to indicate that they will annex BayMUD should they
receive a majority vote during the May 7th election in their territory.
Action Required by Council: Establish policy position on annexation Bayshore
Municipal Utility District and authorize the City Manager to write BayMUD that
the City of La Porte will seriously pursue annexation of that area if the
Bayshore Municipal Utility District has a successful election on May 7, 1988.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
Approved for City Council Agenda
QMT.~
Robert T. Herrera
City Manager
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DATE
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SA YSHORE MUNICIPAL UTiliTY DISTRICT
707 SHADY RIVER ROAD
LA PORTE, TEXAS 77571
February 11, 1988
Mayor Norman 'Malone
City of La Porte
Ci ty Hall..
La Porte, Texas 77571
Dear Mayor Malone:
The Bayshore Municipal Utility District passed a resolution
at its regular meeting, February 10, 1988, to hold an election on
Saturday, May 7, 1988, to allow the registered voters in the
District and in the City of Shoreacres to decide whether or not
the City of La Porte be allowed to annex the unincorporated area.
This election will be held in accordance with Senate Bill 1~6
passed by the 67th Texas Legislature and signed into law by the
Governor in 1981 (Vernon's Annotated Civil Statutes, Art. 970A,
Sec. 12).
The Utility District requests that the City of La Porte reply
to this letter indicating that La Porte will annex Bayshore MUD
should the question receive an affirmative vote by the majority of
the voters in the May 7th election.
Sincerely yours,
rU!lJt~
R. C. Morris, President
BayMUD Board of Supervisors
Att.: BayMUD Resolution No. 242
cc: Mr. Robert Herrera, City Manager
City of La Porte
...
Mayor Billy James
City of Shoreacres
Mr. Dick Gregg, Attorney
BayMUD Board of Supervisors
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BAYSHORE MUNICIPAL UTILITY DISTRICT
707 Shady River Road
La Porte, Texas 77571
RESOLUT I Ol'~ 242
A RESOLUTION OF THE BAYSHORE MUNICIPAL UTILITY DISTRICT
ORDERING AN ELECTION TO BE HELD IN THE BAYSHORE MUNICIPAL
UTILITY DISTRICT AND THE CITY OF SHOREACRES, TEXAS, ON THE
7TH DAY OF MAY, 1988, FOR THE PURPOSE OF VOTING FOR OR
AGAINST AUTHORIZING THE CITY OF LA PORTE, TEXAS TO ANNEX
THE UNINCORPORATED TERRITORV OF THE BAYSHOR~ MUNICIPRL
UTILITY DISTRICT; DESIGNRTING ThE DATE OF THE ELECTION RND
THE POLLING PLACE; APPOINTING ELECTION OFFICIALS THEREFORE;
PROVIDING T~AT ALL QUALIFIED ELECTORS SHALL BE QUALIFIED
TO VOTE; PRESCRIBING A FORM OF THE BALLOT; PROVIDING A
NOTICE OF ELECTION AND CONTAINING OTHER PROVISIONS RELATING
TO SAID ELECTION.
WHEREAS, Article 970a, Section 12, Vernon's Annotated
Civil Statutes provides that the Board of Directors of a
municipal utility district may order an election on the issue
of authorizing annexation of the unincorporated territory of
of the district on the first authorized uniform election date
that falls on or after the 30th day after the date of the
order, at such place as the Board of Directors may direct;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors
of the Bayshore Municipal Utility District, State of Texas:
Section 1. That an election shall be held in and
throughout the Bayshore Municipal Utility District and the
City of Shoreacres, Texas, on the 7th day of May, 1988, from
7~00 a.m. to 7:00 p.m. at which election the qualified resident
voters of said District and said City shall be able to vote for
or against a proposition authorizing the City of La Porte,
Texas to annex the unincorporated territory of the Bayshore
Municipal Utility District.
Sectic'Y'12. That thel""e shall be c'T,e (1) electiclY"1 preciY'lct
and said election shall be held at one (1) polling place for
all qualified voters of the District and the City and the
polling place and presiding officers for said election shall be,
te'-wit:
Poll irq;! Pla(::,e:
Bayshore Elementary,
La PCI\.~te, Te>(as
Bay Oaks,
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Presiding Judge: Irene Hardy
Alternating Presiding Judge: Suzanne Richardson
The Presiding Judge shall appoint as many clerks as are
deemed necessary for the proper conduct of the election, provided
that such number of clerkS shall be at least two (2).
Section 3: That pacer ballots shall be used to conduct said
election and that said election shall be held in accordance with
the Constitution and laws of the State of Texas, and all duly
qualified resident electors of the baysnore Municipal Utility
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District and the City of Shoreacres, Texas, shall be qualified
tel velte.
Section 4: That the election shall be held and the returns
thereof shall be made and canvassed in the same manner as would
be the case in an election for members of the Board of Directors
of the District if the District included the entire territory in
which the election is held and in accordance with the requirements
of the Electipn Code of the State of Texas, as amended, and in the
event that the majority of the votes cast in said election are for
annexation ~he Board of Directors shall declare that the City of
La Porte, Texas is authorized to annex the unincoroorated territory
of Bayshore Municical Utility District.
Sectic.."., 5~ The bedlc:,'!; s,hall permit votiy,g fClr clr against the
prc.pc.sitic'YI: "AuthQI"izil"lg tj"H~ Ci'~y of La POl.~te, Texas tc. ay,nex
the uY,iY,cc.t~porated 'l';en"itCtt~y elf Bayshc.re MuYdcipal U'l:;ility District",
and shall conform to the requirements Qf the Election Code of State
of Texas, as amended.
Section 6~ Voting at the polls and absentee balloting, shall
be by paper ballot. Absentee voting shall be conducted at the Office
of Bay.hore Municipal Utility District, 707 Shady River Road,
La Porte, Texas. Ann Lewis is hereby appointed as Absentee Voting
Clerk. Absentee balloting shall begin on the 20th day preceding the
date of the election and shall continue through the fourth day
preceding the election, Saturdays and Sundays excluded. A voter
who is eligible to vote May do so by making his personal appearance
before the Absentee Voting Clerk or her Deputy at the address set
forth above during the regular office hours of the Bayshore Municipal
Utility District, Mondays through Fridays during the period
pr$scribed herein for absentee balloting. Applications for paper
ballots to be voted by mail submitted by those qualified to do
so may be received by the Absentee Voting Clerk no later than the
fourth day preceding the election day. A marked ballot Must be
mailed back to the Absentee Clerk in an envelope postmarked not
later than midnight on the day preceding the election and must be
received by the Absentee Votinq Clerk before 7~00 P.M. on
electic,.,., day.
Section 7~ That the votes cast in said election shall be
canvassed as provided in the-Election Code of the State of Texas,
as amended. All election officials named herein shall be com~en-
sC:\te<:i as fCtllClws: "
Presiding Judge=
$5.00/hour + $25.00
Alternate Presiding
Judge:
$5. liJ0/hclllr
Clet~k:
$5. 00/hc'ul^
Absentee Voting Clerk:
$5. 00/hclln~
Section 8: That the election officials are hereby directed
to comply with Article 6.06 of the Election Code of the State of
TaMas, as amended, whiCh orovides that the failure of a voter to
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make nis ballot in strict conformity with the cirections on the
ballot shall not invalidate the ballot~ and the ballot shall be
counted if the intention of the voter is clearly ascertainable,
except where the law expressly prOhibits the counting of the Ballot.
It is soecifically Cirecteb that the election officer shall not
refuse to count a ballot because of a voter having marked his ballot
by scratchin~ out tne proposition for wnich he does not wish to vote.
Section 9: That notice of the elections hereby ordered and
called shall be given:
a. ~y posting notice thereof at the offices of Bayshore
Municipal Utility District at 707 Shady River, La Porte, Texas, and
at the offices of the City of Shoreacres, 519 Shoreacres Blvd.,
Shoreacres, Texas, at least thirty (30) days and not more than
forty-five (45) days before the election. Both locations for posting
are hereby declared to be public places within the District of the
City.
b.
Stat1.ltes,
By publication under Article 293, Vernon's Texas Civil
which notice shall state the nature and date of the election
the hours during which the polls will be open, and the location of
the polling place in the District where the notice is posted. Said
publication notice shall be pUblished in at least one newspaper of
general circulation in the County where the District and City are
located not more that thirty (30) days nor less than ten (10) days
before said election. The Board of Directors hereby finds that the
official newspaper of the District, Bayshore Sun, is a newspaper of
gQneral circulation in the County where the District and the City are
lo~ated. In order to comely with both Articvle 2ge, Vernon's Texas
Civil Statutes, and Article 4.05 of the Election Code, one of which
must be complied with, the said notice Shall be published between the
25th day prior to the election through the 11th day prior to the
elect iO)'"I.
Section 10: If any provision, section, subsection, sentence,
clause, or phase of this Resolution is for any reason held to be
unconstitutional Void or invalid or for any reason unenforceable, the
validity of the remaining portions of this Resolution shall not be
affected thereby, it being the intent of tne Board of Directors of
Bayshore Municipal Utility District in adopti~g this Resolution that
no portion hereof or provision contained herei~ shall become inoper-
ative or fail by reason of any unconstitutionality or invalidity of
any other portion, provision or regulation; and to this end all
provisions of the Resolution are declared to be severable.
READ AND APPROVED th~s 10~h Gay of Fecruary, 1988.
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO: Mayor Norman Malone &
Members of City Council
DATE: February 22, 1988
FROM: Robert T. Herrera, City Ma~~~
SUBJECT: BayMUD Annexation Policy Statement
Addendum to BayMUD Annexation Report Delivered 2/8/88
Tonight the Council is asked to develop a policy statement on the
potential annexation of BayMUD.
Per your instruc t ion, I have v is i ted with BayMUD representat i v es
and expressed to them your wishes for an official written request
for annexation. Further, I pursued with BayMUD personnel our
concerns about the status of the oxidation ponds located at their
abandoned wastewater treatment facility located west of new State
Highway 146.
On February 11, 1988, a letter written to Mayor Malone was
delivered to my office from Mr. R. C. Morris, President of the
BayMUD Board of Superv isors. The letter requests La Porte to
annex the Bayshore Municipal Utility District upon receiving an
affirmative vote. The letter was later followed by a fully
executed resolution calling for an election to be held by BayMUD
on Saturday, May 7, 1988.
In exploring the status of the oxidation ponds with BayMUD
representatives, I was pleased to discover that they self
in it ia ted sample test ing of the ponds. One sample was submitted
to a laboratory and tested for presence of eight heavy materials.
The results reflect levels which are acceptable. BayMUD
understands that if the election is successful, staff will
coordinate with the district to develop guidelines for a thorough
analysis of the oxidation ponds, acceptable disposal methods, and
estimated costs for disDosa1. BayMUD is also aware that results
of this analysis may effect the City's decision on certain matters
relating to proposed annexation (i.e., timing, obligations before
and after annexation, etc.)
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BayMUD Annexation Policy Statement
Addendum to BayMUD Annexation Reported Delivered 2/8/88
Page 2 of 2
In conclusion, staff's recommendation remains the same. The
annexation of BayMUD would not have a negative impact" upon the
City of La Porte. As our preliminary study indicated, the level
of services we currently provide should not be adversely impacted.
Our stable financial condition will not be weakened as the
Ba yshore Mun ic ipa1 Ut i1 i ty D istr ic t is v irtual1 y debt free and
their infrastructure appears to be in satisfactory condition with
the exception of preparing to go on surface water. Our auditors
completed their review and their findings I'm proud to report were
the same as those of staff.
I ask for your direction and permission to respond to Bayshore
Municipal Utility District's request for annexation.
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Minutes, Public Hearing and Regular Meeting
La Porte City Council, April 20, 1983, Page 4
..
Ayes: Councilpersons Malone, Longley, Matuszak, Graves,
Pfeiffer, Gay, Skelton, Westergren and Mayor Cline
Nays: None
9.
Council considered awarding bids for two tractors with two
mowers. for the Parks and Recreation Department. These were
budgeted items and low bid was Jim Ball International.
Motion was made b Counci1person Westergren to accept the low
bid by Jim Ball International in the amount of 11,320.34 for
two diesel tractors and two mowers. Second by Counci1person
Skelton. The motion carried, 7 ayes and 2 nays.
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Ayes: Counci1persons Malone, Longley, Matuszak, Pfeiffer,
Skelton, Westergren and Mayor Cline
Nays: Councilpersons Graves and Gay
10. Council considered Change Order #1 - Lomax Street and Drainage
Project, adding construction of Monument Road and subgrade
preparation for Deaf Smith and Santa Anna Lane to McKey Con-
struction Project, a total of $74,300.00.
Motion was made by Counci1person Matuszak to approve Change
Order #1 - Lomax Street and Drainage Project. Second by
Counci1person Westergren. The motion carried, 8 ayes, 0 nays,
and 1 abstain.
Ayes: Counci1persons Malone, Longley, Matuszak, Graves,
Pfeiffer, Skelton, Westergren and Mayor Cline
Nays: None
Abstain: Counci1person Gay
11. Council considered annexation policies.
Motion was made by Counci1person Westergren that the Committee
and staff studying annexation have approval of City Council
to proceed with the various studies and research needed and to
authorize the City Manager to send a letter to BayMUD, since
they will need to hold an election August 2, informing them
that we are seriously looking into the annexation of that area.
Second by Counci1person Skelton. The motion carried, 9 ayes
and 0 nays.
Ayes: Counci1persons Malone, Longley, Matuszak, Graves,
Pfeiffer, Gay, Skelton, Westergren and Mayor Cline
Nays: None
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CITY OF LA PORTE
PHONE(713)471.5020 . P.O,8oX1115 . LAPORTE. TEXAS 77571
February 23, 1988
Mr. Clark Morris, President
Bayshore Municipal Utility District
707 Shady River Road
La Porte, Texas 77571
DRAFT
Dear Hr. Morris:
At the regular meeting held on February 22, 1988, the City Council
passed a Minute Order expressing an interest in annexing the
Bayshore Municipal Utility District providing that an election is
called under the appropriate State Statutes and the vote is
favorable. The Council would be considering completing the
annexation before December 31, 1988. Pending the election by
BayMUD, the City of La Porte will continue its in-house annexation
study.
Should your District be interested in proceeding, the election
should probably be called for the earliest legal date, which I
understand to be May 7, 1988.
Prior to such election, I shall be happy to meet with your
District to discuss matters of importance to both bodies.
Sincerely,
Robert T. Herrera
City Manager
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cc: Mayor Norman Malone &
Members of City Council
Knox Askins, City Attorney
,mmPeat ~rwick
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Certified Public Accountants
Peat Marwick Main & Co.
1 Corporate Plaza
2525 Bay Area Boulevard
Houston. TX 77058
Telephone 713 280 0460
February 19, 1988
Mr. Robert T. Herrerra
City Manager
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
Dear Bob:
We have applied certain agreed-upon procedures, as discussed below, to assist
you in connection with the proposed annexation of Bayshore Municipal Utility
District (Bay MUD). It is understood that this report is solely for your
information and is not to be referred to or distributed for any purpose to
anyone who is not a member of management or of the City Council of the City of
La Porte. Our procedures and findings are as follows:
a. We reviewed the audited financial statements of Bay MUD as of
September 30, 1987.
During our review, we noted that Bay MUD was operating at a
cash loss as of September 30, 1987. We also noted that at
September 30, 1987, the District did not have insurance
covering the water system which is not in compliance with the
Bond Order.
b. We reviewed the audit supporting work papers for the year ended
September 30, 1987 provided to us by Bay MUD's independent
auditor, Mr. Eugene Hovey, for the following areas:
o contingent liabilities
o long-term debt
o search for unrecorded liabilities
c. We inquired of Mr. Hovey as to the collectibility of the tax
revenues. He stated that the historical collection rate has
always been outstanding. Additionally, the tax base has
remained stable. It is composed of numerous single family
homeowners and small businesses. No single taxpayer accounts
for a significant portion of the tax revenues.
rlI~:. I"'" I' PI
,'f. f':'~"" Member Firm of
L ;.. ..'. ,'i', Klynveld Peat Marwick Goerdelef
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Mr. Robert T. Herrerra
City of La Porte
February 19, 1988
2
d. We inquired of Mr. Hovey as to the age of the fixed assets. He
stated that the assets average an age of 25 years with the last
major addition being in 1986 funded by the issuance of the
Waterworks and Sanitary Sewer System Combination Revenue and
Unlimited Tax Bonds Series 1962.
d. We contacted Mr. Clark Morris, a member of the Board of
Supervisors for Bay HUD. He stated that as of this date, Bay
MUD had debt outstanding for the bonds and $90,000 to a private
investor. Bay MUD plans to pay the $90,000 off during this
fiscal year. He was not aware of any other liabilities than
those incurred in the normal course of business. He also
stated that Bay MUD had no outstanding or pending litigation.
Additionally, Mr. Morris stated that Bay MUD has an agreement
to contribute $5,000 per quarter to the Shoreacres Volunteer
Fire Department.
Because the above procedures do not constitute an examination made in accord-
ance with generally accepted auditing standards, we do not express an opinion
on any of the accounts or items referred to above. In connection with the
procedures referred to above, no matters came to our attention that would
require adjustment to the September 30, 1987 financial statements of Bayshore
Municipal Utility District. Had we performed additional procedures or had we
made an examination of the financial statements in accordance with generally
accepted auditing standards, matters might have come to our attention that
would have been reported to you.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
22, 1988
Agenda Date Requested:
Requested By: Steve
X Report
epartment:
Public Works
Resolution
Ordinance
Exhibits: 1. Engineering services proposal submitted by Manning
Engineering Corporation. 2. Map of service area of Lift Station
No.5.
SUMMARY & RECOMMENDATION
Manning Engineering Corporation proposes to provide the following
Engineering services for the Bayside Area served by Lift Station
No.5:
PHASE I - Investigation of existing conditions, Development of
alternative solutions and recommendation of necessary
action.
PHASE II - Detailed design and technical specifications of
selected alternative along with construction support
as directed by the City.
Phase I and Phase II services provided are to be compensated on a time
and material basis as per the rate schedule provided in the proposal.
Proposed Engineering services not to exceed $9,000.00 without written
approval.
Staff recommends acceptance of the Engineering Services Proposal
submitted by Manning Engineering Corporation in an amount not to exceed
$9,000.00 without written approval. Adequate funds were budgeted in
the fiscal year 1987-88 Operating Budget Capital Improvement Fund to
perform this study.
Action Required by Council:
Authorize City Manager to execute contract with Manning Engineering
Corporation for performance of Engineering Services as stated in
attached Proposal in an amount not to exceed $9,000.00 without
written approval.
Availability of Funds:
General Fund
Capital Improvement
Other
X
Water/Wastewater Capital Improve-
General Revenue Sharing ments
Account Number:
003-804-804-887 Funds Available:
X YES
NO
Approved for City Council Agenda
G6,.W T, ~-
Robert T. Herrera
City Manager
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DATE
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1425 26TH STREET
LA PORTE, TEXAS 77571
, 713/471-7590
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February 8,
1-988
CITY OF LA PORTE
P.O. Box 1115
LaPorte, Texas 77571
~TTN: Buddy Jacobs
Assistant Director of Public Works
.RE: Technical Services Proposal/Agreement
City of LaPorte
LIft Station No. 5 Sewage Collection
Service Area Back-Ups/Overflows
LaPorte, Texas
Dear Mr. Jacobs,
.
This letter is Manning Engineering CorporationPs technical
services proposal and if approved by signature it shall become.our
Technical Services Agreement.
Manning Engineering Corporation agrees to perform the various
services as outlined in Attachment A, Scope of Services, and in
consideration for those services the City of LaPorte shall pay
Manning Engineering Corporation according to Attachment B, Payment
Schedule and Attachemtn C, Schedule of Charges. Work authorized
outside of the initial Scope of Services shall be paid on a
negotiated basis.
This constitutes the proposal. If acceptable, please sign as
indicated below and return one copy for my file.
:dr
Attachments
dd'~. <::
William T. Mann~~
President '
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SIGNATURE:
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NAME:
Date
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TITLE:
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ATTACHMENT A
CITY OF LA PORTE
LIFT STATION NO. 3
SEWAGE COLLECTION SERVICE AREA
BACK-UPS/OVERFLOWS
1. PHASE I - Investigation Of Existing Conditions, Development Of
Alternative Solutions, and Recommendations.
A. Review all existing files, reports, data, and drawings an
the project area.
B. Estimate the hydraulic capacity of the system during sur-
charged conditions with only Lift Station No.5 operating.
C. Determine the impact on conditions in item B when Lift
Station No. 4 pumps into the system.
D. Compare hydraulic conditions in items Band C to projected
peak system loading to determine negative flow balance.
E. Develope preliminary short term alternatives to eliminate
negative flow balance through flaw reduction or mediation
and gravity or pumping relief by increasing transfer
capacity.
F. Provide Alternative Recommendations and Preliminary Cost
Estimates for Engineering and Construction.
2. PHASE II - Detailed Design.
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G. Review the proposed long term or permanent solutions to the
service area problems.
H. Provide a summary report on items A through G.
Esti>>ated Ti>>e To Co>>plete Ph as, 1 Nork Is 45 D.ys.
.
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A. Prepare detailed Plans and Technical Specifications of the
selected alternative.
B. Provide support during the Contractor selection process and
construction as directed by the authorized City Representa-
tive for the project.
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ATTACMENT B
CITY OF LA PORTE
LIFT STATION NO. ~
SEWAGE COLLECION AREA
BACK-UPS/OVERFLOWS
'....~
1. Phase I and Phase II work are to be paid
, on a time and material basis according to
Attachment C, Schedule of Charges for 1988,
but shall not exceed $9,000.00 without
written authorization.
2. PAYMENT BASIS
MONTHLY NET 10 DAYS
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ATTACMENT C
SCHEDULE OF CHARGES FOR 1988
(Revised for First Quarter)
CLASSIFICATION*
Principal
Principal/Senior Engineer
Senior Engineer
Junior Engineer
Designer
Senior Engineering Technician
Junior Engineering Technician
Senior Draftsman
Junior Draftsman
Clerical
Automobile
Truck
Other
Travel, Lodging, Meals ~
Reproduction, etc.
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CHARGES
$100/Hour
$ 75/Hour
$ 55/Hour
$ 40/Hour
$ 45/Hour
$ 35/Hour
$ 25/Hour
$ 35/Hour
$ 22/Hour
$ 22/Hour
$.35/Mile
$.50/Mile
Cost plus 107.
*Unclassified labor charges are calculated at
2.2 times base payroll cost.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: February 22, 1988
Requested By: stan Sherwood
Department:
Parks & Recreation
x Report
Resolution
Ordinance
Exhibits:
See Attached Letter
SUMMARY & RECOMMENDATION
Attached is copy of revised contract with Concessions Management Services that
will allow mixed drinks to be served at Sylvan Beach for functions covered
under 31.03 of the TABC Code. This will allow non-profit organizations to
serve mixed drinks when requested by these organizations.
Action Required by Council:
Council Approval
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
Approved for City Council Agenda
OOW \, ~~
Robert T. Herrera
City Manager
'( - I ~- 8~
DATE
:. i~)~Jiir.e _. ,~rPti ~~;-II- 9iL:-~
GO,..CESSIONS MANAGEMENT SERVICE, INC)<;~ y:t~.I,
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~~Mr'~" ol)ert T. He:rrera
\cfty'tflanager ,[c',
'~.CITY4bF", LA PORTE:"
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.:Dea:'f;;~.Mr. Herrera:
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"Or!t~iY~~21, 1987 the City of La Porte, as Owner, and
'Con;c.E:tr3sions Management Servi ces, Inc., as Supplier, entered
:.In:~(,';r~<food, b.ev~rages and concession agreement, relating to
Sy~~n1'Beach C9nvention Center, pursuant to approval of our
firms' bid response to City's Request for Proposal No. 0016,
,p~:::;city. Council, on May 11, 1981.
. . ~ ':! - . ,
the agreement, our firm obtained a beer and wine
per~; from the Texas Alcoholic Beverage
As.y.ou.know, a very small percentage of the leases at Sylvan
Beach~Convention Center are to charitable and non-profit
:,;'orgilniz'ations';~':.s1ich as chambers of commerce, which wish to
!~'~;~~.*i~~t:~~f~i' ~~i~~ ~~~~e::s ~~: ~~l~e;~e t~~~~d dr'lnks
,to{::tiieir gu.ests.~~' The TABC has ruled that any event to which
,ticket~ are sold, and at which alcoholic bever~ges are
ser.ved~"consti tutes a sale, which must have a permit. Under
':S43ction31.03 of. the TABC Code, a daily temporary mixed
:,;'.tb~y;pr~~ge permit'.'may be issued to a political party or"
::ip.(5'l:i;~l~al assoc,!:ation, a civic organization, a fraternal
<,'or'ga#~~ation in :existancecfor over five years wi th regular
'membership, or to a religious organization, provided that
the,'(T~BC shall not issue more than two temporary mixed
beverage permits in each calendar year to a group who does
not,hc)ld' a mixed beverage pe rmi t. '
',However, the T,ABC cannot is~~ue a daily temporary mixed
:bave'rage permi1(at Sylvan Beach Convention..Qenter, so long
aS9ur. firm hol(ia a permanent beer and wine permit on the
, saine;,:premises.
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As you have notified me, the City of La Porte would like to
be able to accomodate civic and Cflqritable organizations for
their banquets and, to do so, the City of La Porte requests
that we agree to amend the Agreement behreen (jilt' :fi rm and
the City of La Porte. We propose to amend the Agreement in
the following particulars only, all other provisions of the
contract to be unchanged, and to remain in full force and
effect.
1. Our firm will withdraw its permanent beer an<l~l i ne on
premises permit with the TABC, and instead, take out a
temporary permit under Section 72 of the 'J'A!3C Code, for each
event which we serve at Sylvan Beach Convention Center. We
will deduc.t from our gross receipts payable to the Ci ty of
La Porte for each such event, the State fee for a temporary
license, which is presently $30.00. The city ~ill provide
notary service at no charge.
2. Our firm will continue to be the exclusive provider for
beer, wine and set ups, as provided in our present agreement
with the City of La Porte. Patrons must not be allowed to
bring any of the above items into the building. This is the
responsibility of the City of La Porte and MUST be enforced
by them.
3. Only political, charitable, CIVIC fr~terna1 and
religious organizations which meet the definition of Section
30.03, TABC Code, will be allowed to obtain the daily mixed
beverage permit for their functions. They can only obtain a
mixed beverage permit in conjunction with a banquet. Our
firm must be notified of all groups wishing to obtain a
mixed beverage permit. Our firm will be given the exclusive
right to handle any cash sales of alcoholic beverages as
defined by the TABC. We will be responsible for reembursing
the 1easee for the cost of the temporary mixed beverage
permit. The present fee is $50.00 per day. We will be
responsible for the purchase of all product, paying of
servers and the state taxes. We will pay the city 26.5% of
all alcoholic beverages whether sold for cash or billed to
the lessee; instead of the present 10% caterine ch~rBe. The
price for 1.25 ounces of call liquor will be ;~2.50. The
present price for wine and bee r s h~ill rema in i.lnch::lnged.
4. The agreement between our firm and the City of La Porte
will be extended four (4) years from the date of the
approval of this agreement by the city.
Of course, these changes will not affect our fir"!)'.:; .3tatus
as an approved food caterer, on the City's approved caterer
list for the Sylvan Beach Convention Center.
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We appreciate your consideration of this request. If this
amendment is agreeable to the City, please note your
agreement by signing and returning to our firm, the attached
cop.y of this letter, keeping the original signed copy as
your copy of our amended agreement.
Sincerely yours,
CONCESSIONS MGT. SERVICES, INC.
BY:
~~~
\....-
ACC~PTED AND AGREED:
CITY OF LA PORTE
BY:
Robert T. Herrera
City Manager
Date:
cc: Mr. Stan Sherwood
Director of Parks & Recreation
City of La Porte
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
FEBRUARY 17, 1988
FROM:
John Joerns, Assistant City Manager ~
Stan Sherwood, Director Parks & Recreatio~
TO:
SUBJECT:
Mixed Drink Percentages
The following is a list of convention centers in the area, and
the percentages they charge on mixed drinks.
George Brown Convention Center - Service America 853-8000
25% of mixed drink sales to City of Houston
Moody Foundation of Galveston Convention Center (409) 762-9608
12% of mixed drink sales to Moody Foundation
Pasadena Convention Center 487-4331
6% of mixed drink sales to City of Pasadena
If any additional information is needed, please advise.
SS/ms
Existing Contract: C.M.S. ha~clusive
contract at Sylvan Beach for b~, wine,
set-ups and snacks. C.M.S. was required
to obtain beer and wine licenses as per
contract.
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C,II,S. IXCLUSIVE COHrI\ACT
FOil IIEEII, IIINlC, SET-l1PS , COHC:ZSSIOHS
C.II.S. OPERATIONS
SUSPEM'DI!:D . II.EOUUT
TYPE OF FUHCTION ADKISSlOH PllACTla:S C.II,S. OPEIlATlHG or LESSU
1. Privata Par~y MO AdIl1..iona a..e , Win. (aold by C.M.I.) a..e , Wine
(Invitation only) Mo Donationa (a) rn. Y ~ .
(It eaah aar Y .
Mixed Drinka JU:n4 Dd..
(al me, (8) i'ne G)
It eaa" lu Cu" au 't .
a.'t.o.l. T .
2. peivata 'aety Adaiaaion Char98 ...e . Wine (sold by C.X.I.) S.ac I Wine
Donation .equineS (a) Fr.. Y N (al Fn. Y II
eaa" su Y (b) eaall IU' Y
lI1Jl.d Drinka lI1Jl.d Drinka
(.1 me Y ~
It eaall au 't
a.l.o... II
J. Public Danc. Adai..ion CIIar'l. ..ac I wine (sold by C.M.S.) a..e , Wine
Dona~ion .equir.d (a) Fr.. (a) rn. Y,
Cu" IU Y (bl Cuh aar
Nix.d Drinka lIixed Drinka
(a) rn.
b Caa" Bar aae
a.Y.o.s.
4, Priv&u B&nqu.~ No Acllaiaa10na ...r I Win. (aold by C.M.S.I a..r , Wine
No Dona~ion. (a) rr.. <!> (a) rn. @ "
(bl eaa" Bar N (b) ea." IU Y
X1x.d Drinka Mixed Drinka
(a) Fr.. G> "
b eaall Bar Y "
a.Y.o.I. Y II
S. Private Banquet Admi..ion Char'le I..r , Wine (.old by C,M.S.I leer , lIine
Donation lIequired (.1 rr.. Y W) (al rr.. Y
(bl ea." lar Y M (bl Ca.h lar Y
Mixed Drink. Mixed Drink.
(a) rn.
(b ea." lar lar
I.Y.O.I.
6, Non-Profit Banquet Ho AdnUuion. I..e . Win. (.old by C.M.S.I leer , 1I1n.
No Donation. (a) rn. y <E> (al Free @ II
(b) ea." lar Y H lbl Cuh aar y
Mix.d Drink. Mixed Drinks
(al Free N (al rr.. ~
b ea." Bar bl eaall aar
I.Y.O.I. Y .
7, Mon-Profi~ aanqu.~ Adai..ion Charve leU . .1M (so14 by C.X.I.) "'r I wine
Dona~ion ..quir.d (al me . Y @ (a) Fr.. Y "
0> ea.h liar' " (bl eaa" aar y
lI1Jl.d Drinka X1x.d Drinka
(a' Fr..
b eaall Bar
I.Y.O.I.
proposed Contract: C,M.S. haJlllclusive
contract at Sylvan Beach for beer, wine,
set-ups and snacks. C.M.S. has exclusive
rights to obtain daily mixed beverage
permit when requested by Lessee as per
section 30.03 TABC code.
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C.M.S, IXCWSIVE co~
FOR dEER. IIINE, SET-UPS 6 COHCZSSIOlIS
C.M.S. OP&IlATIOl1S
SUSPIMtlED . llEQuzsr
TYPI or FUNCTION ADKISSIOK PRACTICES C.M.S. OPEIlATING or tzSsu
1- Pdvate Party No AdaJ...ion. leer 6 lIine (.014 by C.M.S.I I..r 6 lIine
(Invitation onlyl 110 DoMtion. (al rree T ~ II
b c..h lar T
Mbe4 Dr1nlt..
(al Pr.. II ~ II
(10 c..h Bar
I.T.O.I. II
2, Privat. Party Adai.a1on Charg. "'r I Wine (11014 by C.M.S.I I.ar , Win.
Donation Raqu1re4 Cal Pr.. T Cal Praa T
I c. ah Bar T lbl c..h lar T
MineS Ddnlt.. Mixe4 Dr1nlt.a
C., Pue
CIt c.ah au
..T.O...
1. public Dance Acla1..10n Charge "er I wine CII01eS by C.M.S.I I.er , lIin.
DoMtion RequireeS C., rr.. @ (al rraa T
101 c.ah Bar N (101 Cuh au T
MbeeS Ddnlt.a Mbed Ddnlt..
(a, rre. T ~ (al rree
(10 Caah lar T 10 c..h lar
I.T.O... N I.T.O...
4, Private Banquet No Admiuions ..er , Wine (aoleS by C.M.S.I I..r , wine
No Donation. Cal rre. T ~ (al rre. G>
II
bl c.ab lar (bl Cuh Bar T
Mix.eS Dr inka M1x.4 Drinlt..
Cal rr.. N (al rr.. &> N
c.ab Bar (b c.aIIlar r
I.T.O... II
5, private Banquet Admis.ion Charge aeer , Wine (soleS by C,M.S,I aeer , Wine
Donation RequireeS Cal rre. <F> (al rra. T
(bl c.ah au II (101 Cuh au T
MbeeS DrLnlt.a "beeS Ddnlt.s
Cal rre. T ~
10 c.ah aar T
I.T,O... T II
6. Non-Profit Banquat No AdaJ...iona I..r I Wine (aold by C.M.S.I .e.r , Win.
Ito DoM tiona (al rr.. G (al rr.. (i)
II
lb c.ah au y It (101 Cuh au T
MineS Drinlt.. MineS Ddnlt..
Ca, Pr.. II (J II
b c..1t Bar T II
1.".0... T II
,. lion-Profit .anqu.t AdaJ...ion CharC]& leU . 111M (8014 by C.II...1
Donation R.quir.eS Cal me . '.;, (j)
lb Cub Bar
lIix.eS Drink.
Cel Pre.
Cb Ca ah Bar
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REOUEST F~CITY COUNCIL AGENDA ITEM ~taze~/B~oneo
., 0228
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Agenda Date Requested:
Feb~ua~y 22, 1988
Requested By:
J. L. S ea-6 e
Department:
Fi~e
x
Report
Resolution
Ordinance
Exhibits:
BIV TABULATION, MEMO FROM PURCHASING, MEMO TO FIRE CHIEF
SUMMARY & RECOMMENDATION
Seated bid-6 numbe~ 0228 we~e opened on Feb~ua~y 9, 1988 nO~ a Btaze~/B~oneo
type vehiete nO~ the Fi~e ~epa~tment. Thi-6 i-6 a ~eptaeement vehiete nO~ a
unit that wa-6 auetioned onn in the ta-6t City auetion.
Fund-6 we~e budgeted nO~ in the Moto~ Poot Reptaeement Fund.
The Fi~e Vepa~tment Stann ~eeommend-6 Couneit awa~d the tow bid On $16,980.37
-6ubmitted by RU-6-6ett & Smith Fo~d, whieh i-6 betow the budgete~. amount.
Action Required by Council:
Awa~d bid to ~eeommended bidde~
Rejeet att bid-6 and ~e-bid
Availability of Funds:
General Fund Water/Wastewater
X g~h~;aho1~~r~~~~e~~ptaeemen.:c /-un~enera1 Revenue Sharing
Account Number: 009-500-501-856 Funds Available: ~ YES NO
Approved for City Council Agenda
~J~t T- ~~
Robert T. Herrera
City Manager
'(.- \~ -w
DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
SUBJECT:
Joe Sease, Fire Chief
Louis Rigby, Purchasing Manage~ 1
Sealed Bid #0228 - Truck - Blazer, Bronco Style
TO:
FROM:
DATE:
February 16, 1988
Advertised sealed bids #0228 for a Blazer or Bronco style truck were opened
February 9, 1988. Bid requests were mailed to six area dealers with the
following five returning bids: 1) Chuck Miller Ford, 2) Knapp Chevrolet,
3) Joe Camp, Inc., 4) Russell & Smith Ford, and 5) Les Marks Chevrolet.
Low bid was submitted by Russell & Smith Ford for $16,980.37. Assistant
Chief John Dunham reveiwed the bids for compliance to specifications.
Please submit your recommendation along with an agenda request form by the
prescribed time before the next regular Council meeting. If there is a need
to delay bringing this bid to Council, please notify me.
Attachment: Bid Tabulations
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\ \ \
SEALED BID 110228 Chuck Knapp Joe Camp Russell & Les Marks
Miller Chevrolet Ford Smith Fore Chevrolet
Truck - Blazer, Bronco Ford
Style
1. Truck l7, 851. 40 16,992.00 l7,360.95 16,980.37 l7,532.00
2. Deliverv in Davs 60+ 60 75 4')-60 ')0 1?()
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INTER-OFFICE MEMORANVU~
e
VATE: Febnuany 16, 1988
TO: F~ne Ch~en J.L. Sea~e
FROM: John C. Vunham-A~~~~tant F~ne Ch~en
SUBJECT: REVIEW OF 4WV PICKUP BIVS
We have neee~ved the b~d~ neee~ved on Tue~day, Febnuany 9, 1988 non
the BtazenlBnoneo type veh~ete. The tow b~dden appean~ to meet
the C~ty On La Ponte'~ Spee~n~eat~on~ a~ wn~tten.
Thenenone, we neeommend the b~d be awanded to KNAPP CHEVROLET, ~n the
amount On $13,454.00.
]O~nhOm-A^^t. Fi~e Chie
REQUEST FdltcITY COUNCIL AGENDA ITEM 4It
4WV P/U
0229
,
Agenda Date Requested:
Requested By: J.t. Se.a-6e.
X Report
Fe.bJwany 22, 7988
Department:
F,[ne.
Resolution
Ordinance
Exhibits:
B'[d tabulat,[on, Me.mo 6nom Pun~ha-6,[ng, Me.mo to F,[ne. Ch,[e.6
SUMMARY & RECOMMENDATION
Se.ale.d b'[d-6 numbe.n 0229 we.ne. ope.ne.d on Fe.bnuany 9, 7988 60n a 4WV p'[~kup
60n the. F,[ne. Ve.pantme.nt. Th,[-6 ve.h'[~le. ,[-6 a ne.pla~e.me.nt ve.h'[~le. 60n a 7978
Che.vnole.t p'[~kup. Fund-6 we.~e. budge.te.d 60n ,[n the. Moton Pool Ve.h'[~le.
Re.pla~e.me.nt Fund to ne.pla~e. th,[-6 un,[t w,[th a tnu~k e.qu,[ppe.d w,[th the.
ne.~e.-6-6any lange.n e.ng,[ne. and a~~e.-6-6on,[e.-6 to -6e.nve. mone. 6un~t,[on~ than the.
pne.~e.nt un,[t ~an a~~ommodate.. The.~e. 6un~t,[on~ ,[n~lude. but ane. not l,[m,[te.d
to:
7. 066 noad 6,[ne. and ne.~~ue.
2. Pull,[ng the. Haz/Mat tna'[le.n
3. Pull,[ng the. Foam tna'[le.n
4. Haul,[ng 6,[ne. ho~e. ,[n 6nom 6,[ne. ~~e.ne.~
5. H,[gh wate.n ~apab'[l'[t'[e.~ dun,[ng 6lood ~ond'[t,[on~
The. F,[ne. Ve.pantme.nt ~ta66 ne.~omme.nd~ Coun~'[l awand the. low b'[d 06
$73,454.00 6nom Knapp Che.vnole.t,wh'[~h ,[~ be.low the. budge.te.d amount.
Action Required by Council:
Awand b'[d to ne.~omme.nde.d b'[dde.n.
Re.je.~t all b'[d~ and ne.-b'[d.
Availability of Funds:
;(
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other Moton Pool Re.pla~e.me.nt Fund
Number: 009-500-507-855 Funds Available: ~ YES NO
Account
Approved for City Council Agenda
@~~ ~ ~~
Robert T. Herrera
City Manager
~- t ~ - e,~
DATE
e
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO:
Joe Sease, Fire Chief
Manager~~
FROM:
Louis Rigby, Purchasing
SUBJECT: Sealed Bid #0229 - Four Wheel Drive Pick Up Truck
DATE: February 16, 1988
Advertised sealed bids #0229 for a 4WD Pick Up Truck were opened and read
on February 9, 1988. Bid requests were mailed to six area dealers with the
following five returning bids: 1) Russell & Smith Ford, 2) Chuck Miller
Ford, 3) Joe Camp, Inc., 4) Les Marks Chevrolet, and 5) Knapp Chevrolet.
Low bid was submitted by Knapp Chevrolet at $13,454.00. Assistant Chief
John Dunham reviewed the bids for compliance to specifications.
Please submit your recommendation, along with an agenda request form, by the
prescribed time before the next regular Council meeting. If there is a need
to delay bringing this bid to Council, please n~tify me.
Attachment: Bid Tabulation
e
e
\ \ \ - \
SEALED BID 110229 Russell & Chuck Joe Camp, Les Marks Knapp
Smith Ford Miller Inc. Chevrolet Chevrolet
FOUR WHEEL DRIVE Plu Ford \ \
TRUCK
\
1. Pickup Truck (4WD) 15.568.83 11; Q71 n lfi 'lR'l RO 1 ':t R ':to () 1 1':l /. r::/. nr
2. Deliverv in Davs 50 fiO+ 4'l-fiO 120 fiO
-- n
INTER-OFFICE MEMORANVUM tt
e
Vate.: Fe.bnuany 16, 1988
To: Fine. Chie.n J.L. Se.a~e.
FROM: John C. Vunham-A~~i~tant Fine. Chie.n
SUBJECT: REVIEW OF 4WV PieQup Bid~
We. have. ne.ee.ive.d the. bid~ ne.ee.ive.d on Tue.~day, Fe.bnuany 9, 1988 non
the. 4 WV PieQup. The. low bidde.n appe.an~ to me.e.t the. City On La Ponte.'~
Spe.einieation~ a~ wnitte.n.
The.ne.none., we. ne.eomme.nd the. bid be. awande.d to RUSSEL & SMITH FORV ~n
the. amount On $16,980.37.
~e-~- /
Joh~~V~nham-A~~t. Fine. Chie.n
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: ~ 22. 1988
Requested By: L. RIGB Department:
Report Resolution
PURCHASING
Ordinance
Ex hi bit s: LETTER OF RECOMMENDATION
BID TABULATION
SUMMARY & RECOMMENDATION
The yearly contract for water and sewer supplies is due for renewal. These
are items that are kept in warehouse inventory for use on an as needed basis.
Sealed bids were received for these supplies. Staff recommends one year contracts
be awarded as follows:
Section A - Brass and Bronze - Utility Supply - $29,951.24
Section B - Tapping Saddles - Golden Triangle - $ 4,751.56
Section C - Clamps, Couplings, Pipe, and Pipe Products -
Golden Triangle - $ll,017.53
Section D - Rubber Adpators, Misc. Supplies - Golden Triangle _
$5,196.82
Section E - PVC and Polyethylene Products - Aqua Utility Supply _
$12,970.00
Action Required by Council: Approve awarding one year contracts to
low bidders.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Various
Funds Available:
x YES
NO
Approved for City Council Agenda
~T; ~~
Robert T. Herrera
City Manager
'6- \<6 -~~
DATE
.
-
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO:
SUBJECT:
File ID ~
Louis Rigby, Purchasing ManagegtJ-\., \
Sealed Bid #0226 - Water and Sewer Supplies
FROM:
DATE:
February l6, 1988
Advertised, sealed bids #0226 for water and sewer supplies were opened and
read on February 8, 1988. Bid requests were mailed to seven area suppliers
with the following five returning bids: 1) Utility Supply, 2) Janco Pipe
and Fabricating, 3) Aqua Utility Supply, 4) Golden Triangle, and 5) The Rohan
Company.
Supplies were separated into five sections by type. Following is a list,
by section, of low bid meeting specifications:
Section A - Brass and Bronze - Utility Supply - $29,951.24
Section B - Tapping Saddles - Golden Triangle - $ 4,75l.56
Section C - Clamps, Couplings, Pipe, and Pipe Products -
Golden Triangle - $l1,017.53
Section D - Rubber Adaptors, Miscellaneous Supplies - Golden
Triangle - $5,l96.82
Section E - PVC and Polyethylene Products - Aqua Utility Supply-
$12,970.00
Purchasing recommends awarding bid, by section, to low bidder.
Attachment: Bid Tabulation
.
.
\ \ - \
SEALED BID #0226
WATER and SEWER SUPPLIES UTILITY JANCO AQUA UTILITY GOLDEN ROHAN COMPo
SUPPLY PIPE and SUPPLY TRIANGLE
FABRICATING
\
".
Se~Tion A - Brass & Bronze 29,951.24 NB 3l,152.77 33,892.90 30,203.90
Sel"H nn B - Tannino- Saddles 4.797.80 8,575.48 7,402.14 4,751.56 4,770.l0
Section C - Clamus.
Couulin2:s. Piue and Pipe
Reuair Products. 11,328.68 11,524.83 12,373.58 11,017.53 11,261.67
Section D - Rubber Adautors
MiA~ Sllnnl;",,,, 6 89'1 63 NB 6.115.74 5.196.82 5.636.25
Section E - PVC & Polvethy-
lene Products 13,121.48 NB 12,970.00 13,384.20 13,812.40
TOTAL 66,094.83 70,014.23 68,243.01 65,684.32
e
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Requested By:
22 1988
L. RIGB
Department:
PURCHASING
Report
Resolution
Ordinance
Ex h i bit s : LETTER RECOMMENDATION
BID TABULATION
SUMMARY & RECOMMENDATION
The yearly contract for chemical, insecticides, and janitorial supplies
is due for renewal. These are items that are kept in warehouse inventory for
use on an as needed basis. Sealed bids were received for these supplies. Staff
recommends one year contracts be awarded as follows:
Morse Wholesale - Items l, 2, 3, 4, 5, 6, 7, 8, 9, 12, 14,
l7, 20, 23, 25, 26, 27, 28, - $4,938.57.
Maltz Paper & Chemical - Items 11, 13, 15, 16, 18, 19, 21,
22, 24 - $2,355.79.
Act ion Required by Council: Approve awarding one year contracts to
low bidders.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Various
Funds Available: x YES
NO
Approved for City Council Agenda
G2~ T, ~
Robert T. Herrera
City Manager
'l-l Q -~'6
DATE
e
e
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO:
SUBJECT:
File
Louis Rigby, Purchasing Manage~~
Sealed Bid #0225 - Chemical, Insecti~ide~, and
Janitorial Supplies
FROM:
DATE:
February 16, 1988
Advertised, sealed bids #0225 for chemical, insecticides, and janitorial
supplies were opened and read February 8, 1988. Bid requests were mailed to
six area suppliers with the following four returning bids: 1) Morse Wholesale,
2) Allstates Chemical, 3) Maltz Paper and Chemical, 4) Zep Manufacturing.
Low bid meeting specifications was split between Morse Wholesale and Maltz
Paper and Chemical. Purchasing recommends awarding bid as follows:
Morse Wholesale - Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 14, 17,
20, 23, 25, 26, 27, 28.
Maltz Paper & Chemical - Items ll, l3, 15, 16, l8, 19, 21, 22. 24.
Attachment: Bid Tabulation
(EXTENDED PRICES) I e (
,
Sealed Bid 11225
A Allstates
Chemical, Insecticides Morse Maltz Pape Zep
and Janitorial Supplies Wholesale & Chemical Chemical
1. Bleach, Liquid Chlorine - 1 Gallon
bottle, Minimum strength 5.25% Chlorine
180 Bottles 132.84 l58.40 NB NB
2. Cleanser Chlorinated - 21 oz. Can
Comet or equal 48 Bottles ?!" 00 24.00 NB 9"17 . 92
3. Degreaser. Industrial Strength
55 Gal Drum - 55 Gallons
A. Butyl Based 98.45 109.45 165.00 238.15
B. Concentration minimum 10-1
4. Degreaser, Gallon Bottle
A. PH Concentrate 12 min. 13.9 max.
B. Shall be noncaustic
C. Shall have excellent wetting
abilities and emulsification
qualities . 24 Gallons !,,? at:. 59.76 151. 20 129.12
5. Deter2ent. General, Gallon Bottles
A. Detergent shall be liquid
C. Shall leave no film
I
1--- -
I
I
I
l
j
I
I
t~_
L_
L n_
B. Water Soluble
D. Shall be harmless to surfaces
~ - --
I
l
I
-.--
e
-
: (
i
Sealed Bid 11225 i
.. I
Chemical, Insecticides Morse altz Pape Allstates Zep I
and Janitorial Supplies Wholesale & Chemical Chemical
I
I
I
5. Detergent - Continued i
!
I
E. Dilution rate 1-40 ,
I
F. PH Concentrate 8.5 min. - 10 max
I
G. Nonvolatile Solids - .10 min. I
Technical Data Sheet must accompany bid I
I
180 Gallons 349.20 520.20 77 4. 00 959.40
6. Dishwashing Liauid - Quart Bottles
Lemon Joy or equal 36 Quarts 57.60 NB NB 66.78
7. Disinfectant Cleaner - Gallon
Bottles
A. Free Flowing liquid
B. Water Soluble ,
!
C. Nonirritating to normal skin
D. Dilution Rate 1-64, i
E. Color to be green
F. Must kill S~aphlvoccoccus Aureus
G. Ammomium Chloride Content 3%
H. PH 9.7 min. - l2.4 max.
I. Nonvolatile Solids - 11% min.
J. Phenol Coefficient S. Typhosa
S. Aureus 144 Bottles 324.00 792.00 864.00 1 , 044. 01
"
j~
}
" ' c,
e
(
-
Sealed Bid # 225
4
Chemical, Insecticides Morse altz Paper Allstates Zep
and Janitorial Supplies Wholesale & Chemical hemical
8 Glass Cleaner - Gallon bottle
T.Jin~..v or e(]ual - Must nrovide
trigger sprayer 48 Gallons 86.40 90.72 NB 382.08
I
Q T.i nl1i iI H::lnil Soan - Gallon Bottle !
i
,
36 Bottles 86.40 122.40 180.00 215.64
I
i
10. ton Renellant - 14 oz.
!
. - " DEEP WOODS OFF" brand only NB NB NB 2.50 I
I
I
i
11 Odor C" ......ractant - OT. Bottle ,
Zen Connner or Eaual 96 Ots. NB l29.60 278.40 443.52 i
12. Powdered Truck Wash - 400 lb drum.
,
Truck wash to be highest grade available i
I
w/lO% filler max. Truck wash that clo2s spray I
!
wands will be returned to supplier. !
;
Tech Data Sheet must acCompany bid
1600lbs. 784.00 1,240.00 1,312.00 1,4l7.28 .
13. Trash Bags - 15" x 9" x 23"
A. 1 mil thick 72 cases 1,123.20 894.24 NB NB
B. Complete with ties.
C. 1000 per case - flat boxed ;
'. i
e (
Sealed Bid 1/ 225
4 MORSE MALTZ PAP Allstates
Chemical, Insecticides Zep
and Janitorial Supplies WHOLESALE & CHEMICAL Chemical
14. Trash Bags 16" x 14" x 36"
A. 1 mil thick 36 cases 323.28 571. 68 NB NB
B. Complete with ties
C 500 oer case - Flat Boxed
15. Trash Bags 22" x 14" 58"
A. 1 mil thick 24 cases 407.52 372 . 00 NB NB
B. Comnlete with ties
C. 200 oer case - Flat Boxed
16. Wasn and Hornet Spray - 16 oz.
Aerosol Zeo or Equal 48 Cans 108.00 107.60 230.40 201.12
17. Weedkiller - Semi Soil Sterilent 315.00 345.00 437.50 423.50
35 Gallon Drum
A. Bromocil 2.3%
B Penta-Chlorophenol : 5%,cmin.
C Petroleum Base
Drums will be delivered w/plastic pump
or SOilwt for disoensing weed killer
Technical Data Sheet and label must
accomnanv bid.
- - --
e
(e
Sealed Bid 1225
4
Chemical, Insecticides Morse Maltz Pape Allstates Zep
and Janitorial Supplies Wholesale Chemical Chemical
U. Commode Brushes 12 ea. 21.60 12.75 NB 26.76
19. Deodorant Blocks 120 ea. 43.20 32.00 NB 85.20
?II Mnn H~<IIrl lh n'7 T ,<II" li'1 <II to n... ~ntu, 1 4R ~,q 85.44 86.40 NB NB
21. Moo Head 24 oz. Lav Flat or eaual 36 ea 92.l6 90.00 NB NB
22. Urinal Screens 24 ea 34.32 33.60 NB 38.40
23. Ft. Howard Flat Toilet TisRue 8 CaseR 319.60 384.00 NB NB
24. 2 PLv Toilet Tissue 24 cases 694.80 684.00 NB NB
96 l.'ol1'sner case
25. #202 Trumo Paoer Towels 539.28 752.40 NB NB
36 Cases (30 oer case)
.
26. 11209 Trumo Paoer Towels 159.80 ??n nn NR NR
10 Cases 00 oer case)
27. 2 Plv Kit:c.h~n Roll Paoer Towels 815.04 892.80 NB NB
48 CaseR (10 oer case)
28. Kle~nex 16 " (10 hx n~,. ",qQ",) 395.28 495.00 NB NR
BID TOTAL 7,463.37 9,220.00 4,392.50 5,771.37
- -----.- -.--
e
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REQUEST FOR CITY COUNCIL AGENDA ITEM
1( Report
rtment:pub1ic Works
Ordinance
Agenda Date Requested:
Requested By: Steve Gillett
Exhibits:
1. Sealed bid recap # 0227.
SUMMARY & RECOMMENDATION
Advertised sealed bids # 0227 for a cold aerosol generator were opened
on February 8, 1988. Two (2) manufacturer repesentatives were mailed
bid requests. ~fter research by the purchasing Department, these were
only manufacturer found for this equipment. One (1) bidder, Adapco,
Inc. returned bids for a Leco machine in the amount of $ 3,900.
Staff recommends award of bid to Adapco, Inc. in the amount of $ ),900.
Adequate funds were budgeted in the Motor Pool Replacement Fund in the
Fiscal Year 1987-88 Operating budget.
Action Required by Council:
Award bid to Adapco, Inc, to the amount of $ 3,900. for purchase of
a Cold aerosol generator.
Availability of Funds:
General Fund
Capital Improvement
Other Vehicle Replacement
Water/Wastewater
General Revenue Sharing
Fund
x
Account Number:
009-700-701-861Funds Available: ~ YES
NO
Approved for City Council Agenda
~T/~
Robert T. Herrera
City Manager
'L- ~ ~ -~~
DATE
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
rtment:public Works
Requested By: Steve Gillett
x Report
Exhibits:
Ordinance
1. Sealed bid recap # 0227.
SUMMARY & RECOMMENDATION
Advertised sealed bids # 0227 for a cold aerosol generator were opened
on February 8, 1988. Two (2) manufacturer repesentatives were mailed
bid requests. ~fter research by the Purchasing Department, these were
only manufacturer found for this equipment. One (1) bidder, Adapco,
Inc. returned bids for a Leco machine in the amount of $ 3,900.
Staff recommends award of bid to Adapco, Inc. in the amount of $ ),900.
Adequate funds were budgeted in the Motor Pool Replacement Fund in the
Fiscal Year 1987-88 Operating budget.
Action Required by Council:
Award bid to Adapco, Inc, to the amount of $ 3,900. for purchase of
a Cold aerosol generator.
Availability of Funds:
General Fund
Capital Improvement
Other Vehicle Replacement
Water/Wastewater
General Revenue Sharing
Fund
x
Account Number:
009-700-701-861Funds Available: ~ YES
NO
Approved for City Council Agenda
Robert T. Herrera
City Manager
DATE
e
.
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO:
Steve Gillett, Director
SUBJECT:
Sealed Bid #0227 - Cold
of Public Works
Manage~~
Aerosol Generator
FROM:
Louis Rigby, Purchasing
DATE:
February 16, 1988
Advertised sealed bids #0227 for a cold aerosol generator were opened and read
on February 8, 1988. After researching the Thomas Register, the Industrial
Product Guide, and the Yellow Pages, and making numerous calls to generator
dealers, I was able to find only two manufacturers of this type generator. Bid
requests were mailed to each of these manufacturer representatives with only one
returning a'bid. ,Adapco, Inc., bid a Leco machine for $3,900.00.
I called the other representative to find out why he had not bid and was told
they never got the bid package. It has not been returned to this department
by the postal service so it was apparently lost in the mail. I discussed the
specifications with him and the machine his company would have bid costs in
excess of $5,400.00.
Please submit your recommendation, along with an agenda request form, by the
prescribed time before the next Council meeting. If there is a need to delay
bringing this bid to Council, please notify me.
XC: Orville Burgess, Street Superintendant
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Report
Public Works
Agenda Date Requested:
Requested By: Steve
x
Resolution
Ordinance
Exhibits:
1. Bid recap for Sealed Bid # 0221.
2. Recommendation memo from Steve Gillett
SUMMARY & RECOMMENDATION
Sealed bids #0221 were opened and read on Janauary 25, 1988 for a
hydraulic cleaning and vacuum unit. Bid specifications were mailed
to six (6) manufacturer representatives with five (5) returning bids.
Staff recommends allowing Industrial Disposal Supply's optional bid
of a 60 gpm water pump for the reasons outlined in the attached
recommendation. Low bidder, Gulf States Crane and Equipment Company,
fails to meet specifications. Staff recommends award of bid to the
low bidder meeting specifications, Industrial Disposal Supply in the
amount of $105,860.00.
Funds for this equipment were budgeted in Fiscal Year 1987-88 Vehicle
Replacement Fund.
Action Required by Council:
Award bid to low bidder meeting specifications, Industrial Disposal
Supply in the amount of $105,860.00.
Availability of Funds:
General Fund
Capital Improvement
Other Vehicle Replacement Fund
Water/Wastewater
General Revenue Sharing
x
Account Number: 009-806-806-856 Funds Available: ~ YES NO
Approved for City Council Agenda
~ T, ~--
Robert T. Herrera
City Manager
a-l~-~~
DATE
e
e
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
FROM:
RO~ ~ra, City Manager DATE: February 16, 1988
Ste~illett, Public Works Director
TO:
SUBJECT:
Hydraulic Sewer Cleaning and Vacuum Unit, Bid Recommendation
Advertised, sealed bids for a hydraulic cleaning and vacuum unit were
opened on January 25, 1988. Bid specifications were mailed to six (6)
manufacturer representatives with five (5) returning bids.
The low bid received was in the amount of $94,786.00 submitted by Gulf
State Crane and Equipment Company. The unit submitted in this bid
failed to meet most of the the required specifications in either the
vacuum/sewer cleaner or the vehicle portion. The Scavenger I unit had
no auxiliary engine as specified nor was the hose reel front mounted.
A positive displacement blower was bid instead of the centrifugal
vacuum compressor as specified. The cab and chassis bid did not meet
specifications in numerous areas. The Gross Vehicle Weight was lower
than that specified. The transmission was not a heavy duty
transmission that we feel will be needed for use at the landfill. We
feel that this unit failed to meet the published specifications and
should be dropped from consideration of award.
The water pump specified in the bid documents was rated at 72 gallons
per minute. The only bidder able to meet this requirement was
Industrial Disposal Supply with an 80 gallon per minute pump. This
bidder included an option of a 60 gallon per minute pump. Texas
Underground, Inc. bid a 72 gallon per minute pump; however, the
supplied pump curve and engine horsepower failed to support their
claim. Mr. John Stoneman of Texas Underground, Inc. stated in the
cover letter transmitting the pump curve that his unit could not
provide a continuous 72 gallon per minute rate. None of the bidders,
other than Industrial Disposal Supply, can meet the specified pumping
rate. In the interest of providing a competitive bidding environment,
we feel that the deduct of $3,840.00 offered by Industrial Disposal,
Inc. should be allowed. This would place all bidders on an equal basis
of offering a 60 gallon per minute pump.
Page Two ~
February 16, 1988
Hydraulic Sewer Cleaning and Vacuum Unit
Bid Recommendation
e
By accepting the offered deduct from Industrial Disposal, Inc., the
following is a recap of the bids offered:
Gulf States Crane and Equipment Co.
Industrial Disposal Supply
Montgomery Municipal Supply, Inc.
Texas Underground, Inc.
Naylor Supply Company
$ 94,786.00
105,860.00
106,249.00
107,492.00
110,553.00
It is the recommendation of Public Works that the low bid of $94,786.00
by Gulf States Crane and Equipment Co. be disallowed for failure to
meet specifications and award the bid to Industrial Disposal Supply in
the amount of $105,860.00. This amount includes the deduct offered for
the 60 gallon per minute water pump.
Funds in the amount of $120,000.00 were budgeted in the FY 1987/88
Motor Pool Replacement Fund for this purchase.
SG/
xc: Buddy Jacobs, Assistant Public Works Director
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO: Steve Gillett, Director of Public Works
FROM: Louis Rigby, Purchasing Manage~~~
SUBJECT: Sealed Bid #0221 - Hydraulic Cleaning and Vacuum Unit
DATE:
January 26, 1988
Advertised, sealed bids #0221 for a hydraulic cleaning and vacuum unit
were opened and read on January 25, 1988. Bid specifications were mailed
to six manufacturer representatives with the following five returning
bids: 1) Gulf State Crane and Equipment Company, 2) Naylor Supply Company,
3) Montgomery Municipal Supply, Inc. 4) Industrial Disposal Supply, and
5) Texas Underground, Inc..
Due to the complexity of the specifications, I will furnish you with copies
of the specifications and exceptions submitted by each representative so
that you are able to make your recommendations.
Please submit this recommendation along with an agenda request form by the
prescribed time before the next regular Council meeting. If there is a need
to delay bringing this bid to Council, please notify me.
Attachment: Bid Tabulation
-- -
SEALED BID #0221 GULF STATE NAYLOR MONTGOMERY INDUSTRIAL TEXAS
.
RANE AND SUPPLY NICIPAL DISPOSAL UNDERGROUND
HYDRAULIC CLEANING AND EQUIPMENT COMP ANY SUPPLY, SUPPLY INC.
VACUUM UNIT OMPANY INC.
1 TYPE UNIT SCAVENGER CAMEL AOUATECH VACTOR VAC-CON
2. TYPE TRUCK GMC UNK. FORD FORD GMC
~ TnTAT. r:O!=;T $q4 7R6 00 $110 553.00 :$106 249.0( $109.700.00 $107,492.0(
4. Deliverv in Davs 10-40 n.<lV~ 120 D.<Iv~ IfiO-90 Davs 120-150 Dav~ 120-180DaYf
Optional Pricing (submitted with bid)
.-
60 GPM Rodder Pump (in lieu of 80 ($3,840.00)
Price with Options $105,860.00
.
.
"
.
e
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO: Mayor and Council
FROM: Robert T. Herrera, City Manager
DATE: February 17, 1988
SUBJECT: NO SURPRISES
On the February 22, 1988 City Council Agenda, under the Consent
Agenda, is a recommended bid award for a hydraulic cleaning vacuum unit.
The water pump specified in the bid documents was rated at 72 gallons per
minute. The only bidder able to meet this requirement was Industrial
Disposal Supply with an 80 gallon per minute pump. This bidder included
an option of a 60 gallon per minute pump. Texas Underground, Inc. bid a
72 gallon per minute pump; however, the supplied pump curve and engine
horsepower failed to support their claim.
Mr. John Stoneman of Texas Underground, Inc. stated in the cover
letter (attached) transmitting the pump curve that his unit could not
provide a continuous 72 gallon per minute rate. The five year warranty
referred to in the letter is also offered by Industrial Disposal Supply.
None of the bidders, other than Industrial Disposal Supply, can meet the
specified pumping rate. In the interest of providing a competitive
bidding environment, staff feels that the deduct of $3,840.00 offered by
Industrial Disposal, Inc. shouJ_d be allowed. This would place all
bidders on an equal basis of offering a 60 gallon per minute pump.
Staff has visited with Texas Underground Inc. by phone and in person
to discuss this situation, and has informed Texas Underground Inc. of
their recommendation. It is possible that an aggressive salesman from
Texas Underground will be at the February 22, 1988 City Council meeting
to attempt to influence the Council to reconsider staff's
recommendation. Staff feels that the best interest of the City would be
served by allowing Industrial Disposal Supply to deduct $3,840.00 from
the base bid, as outlined in their bid proposal.
If I can answer any questions, please give me a call.
RTH/gs
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Texas Underground, Inc.
February 8, 1988
City of La Porte
P.O. Box 1115
La Porte, Tx 77571
Attn: Steve Gillett, Director of Public Works
Subject: Horse Power & Water Pump Curves
Sir
Please find enclosed Horse Power and Water Pump Curves. Steve,
since 72 gallons per minute are not required on all applications
in the City, and running time only on rare occasions exceeds 20
minutes, our horse power is adequate.
To . help the City. of La Portes'decision in this matter, Vac-Con
has included a 5 year standard Cummins warranty on the auxilliary
engine. (4BT3.9-P Cummins) A letter faxed from Vac-Con stating
this in enclosed.
If there is further questions, please advise.
Than you
Sr.
1323 N. Main Street. Pearland, Texas 77581 . (713) 485~9900
~
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Honarable Mayor and Council
City of La Porte
604 W. Fairmont pwy
La Porte, TX
SUBJECT: Fair and Equal Bidding Practices
Reference: "Sealed Bid #2201"
CC:Mayor Norman Malone
Mayor Pro Temp John Loyd
Councilmember Edward G. Clarke
Councilmember Deotis Gay
Councilmember Edward Matuszak
Councilmember Alton Porter
Councilmember Michael Shipp
Councilmember B. Don Skelton, Sr.
Councilmember Betty Waters
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VAC-CON, INC.
Vac-Con is the fastest growing manufacturer of combination units
in the world today.
Vac-Con, Inc. personnel have
marketing and manufacturing.
Underground, Inc. have combined
sewer cleaner market.
over 52 years experience in
Vac-Con, Inc. and Texas
over 100 years experience in the
Vac-Con is a subsidiary of International Metal, and Machines,
Inc. which is a subsidiary of CRL Corporation, in Des Plaines,
Illinois.
CRL Corporation is an approximately 400 Million dollar per year
corporation.
.
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STATEMENT
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Bid #2201 was let January 25, 1988. The award of this bid is
scheduled on your agenda this council meeting February 22, 1988.
This bid was sent out with a detailed set of specifications
included a 72 gallons per minute pump. All vendors bid on
criteria outlined in the published bid. Texas Underground,
is the low bidder meeting those specifications. (Please see
Tabulation.)
that
the
Inc.
Bid
After the bids had been opened we were informed that the
Department had made a mistake, and the specifications were being
changed, from a 72 gallon per minute pump to a 60 gallon per
minute pump. At this time, we would have expected that all
vendors would have the opportunity to offer a deduct for the
change in the pump. This is not the case.
Only one vendor is being
elected to include a
Department now considers
specifications.
allowed the deduct. Because one vendor
deduct in their original packet, the
that vendor to be the low bidder meeting
A change of specifications after the opening of bids, though
unusual, would be acceptable, if all vendors concerned were given
the opportunity to adjust their bids accordingly.
To decide to change specifications after bid opening, and allow
only one vendor to bid the changed specifications, is not normal
bidding practice.
We believe that it is in the best interest of the taxpayers of
the City of La Porte to give each vendor a fair and equal
opportunity to bid on equipment. (See Pricing)
We ask that
specifiacations
specifications.
the City of La Porte honor the
and award to the low
original
bidder
set of
meeting
("
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.,,- J
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. - .- -
., .
SEALED BID #0221 GULF STATE NAYLOR MONTGOMERY INDUSTRIAL TEXAS
.
RANE AND SUPPLY ICIPAL DISPOSAL DERGROUND
HYDRAULIC CLEANING AND EQUIPMENT COMP ANY SUPPLY, SUPPLY INC.
VACUUM UNIT OMP ANY INC.
1 TYPE TTNTT SCAVENGER CAMEL AOUATECH VACTOR VAC CON
2. TYPE TRUCK GMC UNK. FORD FORD GMC
.
~ TnTAT r.nC::T $94 786 00 Isuo 553.00 1$106.249.0( $109.700.00 1$107,492.(
.-
4. Deliverv in Davs 10-t.O n..vc::: 1?0 Davs 60-90 Davs 120-150 Dav! 12Q-,IBODav
OPtional Pricing (submitted with bid)
. --
60 GPM Rodder Pump (in lieu of 80 ($3,840.00)
Price with Options $105,860.00
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Another issue that needs to be addressed is pricing. Please
find below bid tabulations received by other Texas Cities in the
last 30-45 days for comparable equipment.
BID PRICING COMPARISON
VAC-CON
VACTOR
City of La Porte
Bid Date: 1-25-88
Bid Prices
$107,492.00
$109,700.00
City of Greenville
Bid Date: 11-4-88
Bid Prices
$110,700.00
$102,365.00
Additional Cost Items not included in City of La Porte Specifications
Estimated Add'l Cost
Dual Fans - 200" Negative Water in lieu of 107"
240 HP Diesel in lieu of 210 HP
Continious Water Fill System
800' Hose Reel in lieu of 600'
6BT Cummins in lieu of 4BT Cummins
Deduct for 60gpm in lieu of 80gpm
6,000.00
2,000.00
800.00
1,000.00
3,000.00
(3,000.00)
11,000.00
Should be $11,000.00 higher than La Porte Vactor Bid
City of Austin
Bid Date 2-11-88
Bid Prices
$125,050.00
$110,779.00
$116,539.00
Additional Cost Items not included in the City of La Porte Specifications
Estimated Add'l Cost
240 HP in lieu of 210 HP
14 Yard useable Debris tank in lieu of 9 yard
1300 Gallons in lieu of 1000 gallons
62,000 GVW Chassis in lieu of 39,000
Deduct for 60 gpm in lieu of 80 gpm
2,000.00
3,000.00
3,000.00
10,000.00
(3,800.00)
14,200.00
Should be $14,200.00 higher than the La Porte Bid
City of Arlington
Bid Date: 2-16-88
114,821.00
Estimated Add'l Cost
111,880.00
Dual Fans-200" Negative Water in liew of 107"
240 HP in lieu of 210 HP
Tool Box behind Cab
Air Purge System
Winter Recirculating System
Extra 600' Reel of Hose
Deduct 60gpm in lieu of 80 gmp
8,000.00
2,000.00
500.00
1,200.00
1,200.00
1,200.00
(3,800.00)
10,300.00
Should be $10,500.00 over the City of La Porte Bid
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KNOX W. ASKINS, J. D., P. C.
ATTORNEY AT LAW
702 W. F"AIRMONT PARKWAY
P. O. BOX 121B
.JOHN D. ARMSTRONG. .J.D.
ASSOC lATE
LA PORTE, TEXAS 77571-1218
TELEPHONE
713 471-1886
February 8, 1988
Mr. John Joerns
Asst. City Manager
City of La Porte
Post Office Box 1115
La Porte, Texas 77571
RE: Request of Bayshore Aerie No. 2753 Eagles' Lodge, La Porte, Texas,
to re-zone lots 17 through 32, Block 149, City of La Porte, from
residential to accommodate a parking lot
Dear Mr. Joerns:
City Council of the City of La Porte requested the City Attorney to
provde them with an opinion concerning the above-referenced re-zoning
application. As I understand the facts, the City Council of the City
of La Porte has tabled a vote on the re-zoning application pending
further investigation of the matter by the office of the City Attorney.
As I further understand it, the Planning and Zoning Commission of the
City of La Porte recommended to the City Council of the City of La
Porte denial of the Eagles re-zoning request subsequent to the Planning
& Zoning Commission's public hearing in consideration of said request
on November 5, 1987.
The Eagles requested the re-zoning in order to accommodate a parking
lot that they desire to be constructed in order to provide additional
parking for the Eagles lodge located adjacent to Lots 17 through 32,
Block 149, Town of La Porte. The lodge is currently zoned General
Commercial and Lots 17 through 32, Block 149, Town of La Porte are
currently zoned R-l Residential. Section 5-600 Table A Residential of
Ordinance No. 1501, the Zoning Ordinance of the City of La Porte,
provides that off-street parking is an accessory use in R-l residen-
tially zoned property. A parking lot is not a "stand alone" residen-
tial use.
Section 3-100 of Ordinance No. 1501 defines Accessory Use or Building
as "...a use or building which is clearly incidental and secondary to a
permitted use which does not change the character thereof...". Thus, a
parking lot currently may not be constructed in a residentially zoned
piece of property to be accessory to a commercial use. Further, a
parking lot may not currently be constructed on residentially zoned
property as a primary use.
If Lots 17 through 32, Block 149, Town of La Porte were zoned GC
General Commercial, the lodge and the adjoining commercially zoned
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Page 2
February 8, 1988
Mr. John Joerns
property might be considered as a unified development, with the parking
in Lots 17 through 32, Block 149, Town of La Porte being developed as a
parking lot accessory to the lodge.
Based upon the above cited facts, the Planning & zoning Commission, as
noted, recommended denial of the re-zoning and forwarded the request to
City Council for consideration.
The implication of General Commercial zoning for the tract would be
that if the property subsequently is redeveloped for any reason, the
property could be developed consistent with any General Commercial use.
The narrow question this letter addresses is then: Is there a vehicle
consistent with State Law and the City of La Porte Zoning Ordinance
that would allow Lots 17 through 32, Block l49, Town of La Porte, to be
utilized as a parking lot while limiting the use of that property to a
parking lot, and without a change in the zoning classification to
General Commercial?
If the City Council were to pass a re-zoning ordinance for Lots 17
through 32, Block 149, Town of La Porte that limited the use of the
property to "General Commercial-parking lot only", there would be a
clear legal problem. First, no such zone has been contemplated in the
comprehensive plan passed and adopted by the City Council of the City
of La Porte based on recommendation of the Planning & Zoning Commis-
sion. Any re-zoning that occurs not in relationship to the com-
prehensive plan is void on its face. Second, the practice of granting
a specific re-zoning conditioned upon a promise by a developer of a
piece of property to build a specific project or to refrain from
certain types of building is called "Contract Zoning", and constitutes
a bargaining away or a selling of the benefits of legislative power
that rest in the City Council of the City of La Porte to private
parties. Such contracts are illegal and void on their face.
However, a method does exist in Ordinance No. 1501 that is approved by
State Law, which would enable the City Council of the City of La Porte,
based upon recommendation of the Planning & Zoning Commission of the
City of La Porte to permit Lots 17 through 32, Block 149 to remain
residentially zoned and be utilized as a parking lot in support of the
adjoining commercial use. Section 10-201 of Ordinance No. 1501
provides that a Special Conditional Use Permit may be granted by the
City Council for the construction of a building and/or the establish-
ment of a use as described in this or any other section (of the Zoning
Ordinance), on a tract of land in single ownership or under unified
control. The purpose of the Special Conditional Use Permit procedure,
as contemplated in Section 10-201 of the Zoning Ordinance is two-fold:
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February 8, 1988
Mr. John Joerns
1. To provide an approval procedure for all uses listed as
"C" in any particular use district in which they are located;
2. To provide a general procedure which enables the Planning
& Zoning Commission and the City Council to resolve matters
in which a particular SIC use classification number does not
appear in the zoning tables, or in which no listed regula-
tions exist (or can be inferred) in the Zoning ordinance.
In essence, Section 10-201 provides a conditional zoning procedure in
the event of ambiguity or omission from the zoning text. Conditional
zoning is legal, as opposed to contract zoning, discussed above, which
is not legal. Conditional zoning is countenanced by the comprehensive
plan, and is contained in Ordinance No. 1501. Texas Supreme Court
cases uphold the concept of conditional zoning. The critical distinc-
tion between conditional zoning and contract zoning is that contract
zoning is not consistent with or pursuant to the comprehensive plan as
adopted by the City of La Porte and constitutes an active and on-going
effort between the legislative body and the applicant to proceed with a
particular development project. Conditional zoning, on the other hand,
is carried out pursuant to the existing Zoning Ordinance, and pursuant
to the already existing procedures as established in the ordinance.
Basic parameters are contained in section 10-201 and 10-202 of Or-
dinance No. 1501, the most basic of which is that the conditional use
permit, when granted, not be contrary to the comprehensive plan. In
addition, 10-202 requires that the specific use as permitted be
compatible with and not injurious to the use and enjoyment of surround-
ing property, nor significantly diminish or impair property values
within the immediate vicinity.
Therefore, the Eagles may apply for, and, upon a favorable considera-
tion by the Planning & Zoning Commission and the City Council, would be
able to receive a Conditional Use Permit on Lots 17 through 32, Block
l49, Town of La Porte, allowing the construction of a parking lot,
while maintaining the current residential zoning on the property. By
following this procedure if the parking lot conditional use permit is
granted, the property would continue to be residentially zoned, and the
use of the property could only change to be residential in character in
the future. If the Planning & Zoning Commission and City Council so
require, special conditions could be attached to the property regarding
fencing, buffering, ingress and egress, and the like.
This opinion does not address the question of whether or not the Eagles
lodge would be able to construct the parking lot in question if the
Conditional Use Permit is obtained. For example, I am advised that an
alley exists and contains active utility lines between Lots 17 through
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Page 4
February 8, 1988
Mr. John Joerns
32, Block 149 and the existing lodge, which might indicate that the two
tracts cannot be considered as "unified". Also, problems regarding
access points to the parking lot might arise.
Even if the Conditional Use Permit is granted, all other applicable
City of La Porte regulations concerning parking lots would apply, such
as the Development Ordinance, Building Code, and applicable Zoning
Ordinance regulations.
If you have any further questions or comments, please do not hesitate
to advise.
JDA: rad
cc: Mr. Robert Herrera
City Manager
City of La Porte
Mr. Knox W. Askins
City Attorney
City of La Porte
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THE CITY OF LA PORTE
MEMORANDUM
FEBRUARY 17, 1988
TO:
Mayor Malone and City Council
THRU:
Robert T. H~r era, City Manager
John Joern . sst. City Manager
Joel H. Albr cht, Director of Community
THRU:
SUBJECT:
Everlina Thorton's Condemned Building
Developmen~
FROM:
On January 11, 1988, the City Council approved Ordinance 1573, which
officially condemned the two buildings owned by Mrs. Thorton and
located at 201 North 5th Street. Since the passage of Ordinance 1573,
Mrs. Thorton has come to the City Council meetings wanting to have her
structures removed from the demolition list and has told the Council
that she has spent considerable money improving the property.
Mark Lewis of our Code Enforcement D iv ision met aga in with Mrs.
Thorton and expla ined to her the problems with the struc tures. Mr.
Lewis did find several small (two foot square or less) pieces of
plywood nailed over the walls, floor and ceiling. These pieces were
nailed directly over the rotten studs and joists. The plywood was
water stained, buckling and pulling free from the ceiling in the front
duplex. Mr. Lewis does feel these buildings are dangerous and should
be removed.
These same two buildings were part of the twelve building package
presented to the City Council on December 16, 1985. A few days prior
to the Council meeting Mrs. Thorton placed an occupant in the front
duplex which removed the structure from the list. Mrs. Thorton then
requested permission from the Counc il to be allowed to have time to
repair the other building and bring it up to code. The City Council
did grant Mrs. Thorton's request and remove the structures from the
demolition list.
Since December 16, 1985, Mrs. Thorton has not brought the property up
to standards and again both structures have been brought to the City
Council's attention for demolition.
At our last City Council meeting a question was raised concerning the
poss ib il i ty of giving Mr s. Thorton a few months time to repa ir the
structures.
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Everlina Thorton
February 17, 1988
Page 2
As staff responds to these concerns we feel the City Council needs to
be aware that the requested extension of time would not be possible
without Council action to remove the structures from the demolition
list again. We would then notify the Harris County Community
Development Agency who would remove the structures from their program
and also deduct the grant money scheduled to be used for the
demolition of the subject structures. We would not be able to
substitute another building in place of the ones we have asked to be
removed because of time problems and procedural requirements.
Staff does feel that if the Council places Mrs. Thorton's request on
the next Council agenda and considers the possibility of removing the
property from the condemned bu ild ings 1 ist we should get a release
from Mrs. Thorton relieving the City of any liability that might arise
from any future lawsuit involving these structures.
JHA/nb
Attachments
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CITY OF LA PORTE
DANGEROUS DUILDING
INSPECTION FORM
. - DATE October 16, 1985
200 Block of N. 5th St. (Polk & 5th N.W. corner of intersectio
STREET ADDRESS
ADDRESS
P. O. Box 171 La Porte
OCCUPANT
O\VNER Everlena Thorton
NONE
NONE
AGENT
SURVEY OR
SUBDIVISION
ZONING
La Porte
BLOCK
66
LOT 17-20
R
TYPE OCCUPANCY
Duplex
x
SANITARY SEI'lER
x
FACILITIES AVAILABLE: WATER
ELECTRICAL POWER
x
x
GAS
2
2
OCCUPIED
NUMBER OF DWELLING UNITS
VACANT
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #l145, SECTION 8-ll8, THE.
BOARD OF INSPECTION ~ffiDE AN INSPECTION OF THE AFOREMENTIONED PROp.
ERTY, AND DETE&~INED THE BUILDING LOCATED THEREON, IN THEIR. OPINION,
IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS
OUTLINED IN CITY OF LA PORTE ORDINANCE #ll45, SECTION 8-l17) .
EJ (l)
~.. "
. ..,
'\~~f~.:,", ~~-_.
0 (2)
0 (3 )
EJ (4 )
BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
-REPAIR OR ANY OTHER CAUSE, ~T IS ESPECIALLY LIABLE TO
FIRE AND CONSTITUTES A FIRE aAZARDi OR
BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAU~E, IT IS
LIABLE TO CAUSE INJURY OR D~1AGE BY COLLAPSING OR BY COL-
LAPSE OR FALL OF ANY PART OF SAID STRUCTUREi OR
BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF .SECURED
DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTUREi OR
BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC
HEALTH AND ~ffiY CAUSE OR AID IN THE SPREAD OF DISEASE
OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH-
BORING STRUCTURES.
(SEE INSPECTION CHECKLIST ON REVERSE SIDE WHICH IS A PART OF THIS
REPORT. )
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the unanimous opinion of this Inspection Board, after using City of La Porte
Ordinance # 1355 (Standard Building Code, 1982 Edition) as its guide in making
the inspection, that this building is in fact dangerous, as per Chapter 3,
Section 309.1 (a) (b) of the Standard Housing Code. This building does not
t:>
provide basic minimum housing standards deemed essential and is a threat to
public safety, health and the general welfare of the citizens of La Porte.
~':-'1....<""'_' '~-
I~NSD,,,,rl"~ny, /. 4~ ~.. J
_~ ~~ //}ff\rI/."J!".f,/M~
/ ' ~
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QJ ..-i QJ
+J 10 .Q'O
10 0. QJ REH^RKS
::l QJ o~
0' 0:: +J~ .'
QJ 10 L^ PORTE ORDIN^NCE = 1355
'0 '0 'O+J
10 QJ QJ Ul (ST^NDARD HOUSING CODE,
s:: QJ QJ s::
H Z ZH 1982 EDITION)
1. Mcans of Eg ress X
2. Room Sizes *
3. Privacy of Bath *
4. Privacy of Bedrooms -;'( - ,
5. Free of Infestations NO
6. Garb<1ge Storage N/A --
7. Ceiling Heights .--
-J~
8 . tHndmv Clearances X
9. \vindow Area -
X
lOa W indmv Openable ,-
Areas X
11. \Hndow Sash X
l2. Screens X
l3. Windmv Frames X
l4. Foundation --
X
l5. Piers X
l6. Floor Framing 1(
l7. Flooring *
l6. Exterior \valls X
19. Columns N/A
20. Exterior Steps X
2l. Exterior Stairs N/A
22. Roofing X
23. Roofing Flashing X
24. Roof Rafters X
25. Sheathing X
26. Exterior Doors X
27. Interior Doors *
28. Partitions ~t:
29, Interior Stairs N/A
30. Ceiling Joists *
3l. Hard,'lare *
32. Mechanical Ventila-
tion *
33. Electric Lights X
34. Electric Switches X
35. Electric Outlets X
36. Electric Panel X
37. Heating Equipment *
"
38. Sink *
39. Lavatory -;':
40. t"1a ter Closet *
41. Bath Tub *
42. Plumbing Drainuge l'(
43. Hot \'/a ter l'(
44. Cold \"1a tcr 1;
45. Watcr Heater -
*
46. Grass *
47. '!'rash - *
48. Appllances *
49. Furniture *
50. Automobilc5 *
5J.. Second.J.ry Structure *
CHECK LIST
, ~
CODE VIOIATION
* Exterior inspection only
Ga1.1DlTS
· CITY OF LAepORTE
PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571
July 16, 1986
Everlena Thorton
P. O. Box 171
La Porte, Tx. 77571
Re: Block 66) Lots 17-20; La Porte
~
Dear Mrs.Thorton:
The Ci ty of La Porte has received a block grant from the Federal
Government. The funds from this grant are to be used for the
demolition of substandard housing in low and moderate income
neighborhoods. This demolition will be free of charge to the property
owners.
At this time the City is seeking out owners of qualified properties who
want their buildings demolished. The City's tax roll lists you as the
owner of the building located at 209 North 5th Street. If you are
interested in taking advantage of this program, please complete the
enclosed consent to demolish form, have it notarized and return it to
the City along with a photo copy of the property deed. Aga in pI ease
note, this program is free to the owner.
There is approximately $11,900.00 left in this program's funding.
Funding will not be renewed when the current moneys run out. Buildings
will be scheduled for demolition strictly on a first come first serve
basis until the money runs out.
Submitting a voluntary consent to demolish form does not obligate the
City to demolish any building free of charge. Any consent forms
submitted to the City after available funds have been committed will be
voided and returned to the person who submitted them.
If you no longer own this property or if we have contacted
error, please notify the City's Inspection Department so
continue to look for the proper owner.
you in
we can
If you would like more information regarding this program please feel
free to contact me at 471-5020 Ext. 254.
JW~
Building Inspector
MSL/kaa
Enclosure
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INTER-OFFICE MEMORANDUM
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To:
Joel Albrecht, Director of
Community Development ~ ~/
Mark S. Lewis, Inspect~
Ervin J. Griffith, BUi~ding Official/ ~,}{
Zoning Administrator . ~~
Everlina Thornton's Condemned Buildings
200 Block of North 5th Street
From:
Through:
Subject:
Date:
February 3, 1988
I met with Mrs. Thornton on the morning of February 2, 1988 for the
second time since her buildings were condemned. She and I went through
both of her buildings. I inspected the repairs she had made in 1986.
I also pointed out and explained to her the various problems with each
of these buildings.
Regarding the repairs, I found the following:
1. The repairs, which were made without the City knowledge, are:
a. Very limited - one room only in each of the buildings.
b. Inadequate - These repairs consist of plywood, in some
cases the pieces are no larger than 2 feet square,
nailed directly over the existing walls, floor and
ceiling. This overlayment in no way compensates for
the deteriorated structure underneath. (Examples of
deteriorated structure, ie., rotten studs, sills and
jousts ar~ readily visible from the exterior of these
buildings. )
c. Deteriorating - The plywood in both buildings is showing
signs of weathering, especially in the front duplex. The
plywood placed on the ceiling in the kitchen of this
building is water stained, buckling and pulling free
of the ceiling.
/ " /
In short, I found nothing to indicate either of these structures i~
anything except a dangerous, condemnable building as defined by thE
City's Dangerous Building Ordinance
Hrs. Thornton does not deny the condition of her buildings, but
simply seems to feel that as property o\-mer, she has the ultimate sa~
in determin ing wha t should be done with them. Her reply to ever~
problem I pointed out was "I'm going to fix that up." She has acquirec
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some building materials (primarily 2x4's) and has them stored in one of
the buildings.
I suggest the City take the following course of action:
1. Continue with plans to demolish these buildings
2. Just prior to demolition;
a. Acquire an administrative search warrant to allow entry
to these buildings.
b. Closely video tape and photo every detail of each of
these buildings.
c. Remove building materials and items of furniture (two
beds, chest of drawers) from the buildings and place
them behind Mrs. Thornton's house (or other location
on the property if she prefers) and cover them for
weather protection.
d. Have a City representative on site to photo and/or video
tape the demolition.
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