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HomeMy WebLinkAbout1988-03-28 Public Hearing and Regular Meeting0 0 PUBLIC HEARING AND REGULAR MEETING OF THE LA PORTE CITY COUNCIL MARCH 28, 1988 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Betty Waters, John Lloyd, Ed Matuszak, Alton Porter, Mike Shipp, Deotis Gay, B. Don Skelton, Jerry Clarke Members of City Council Absent: None Members _of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Administrative Assistant to the City Manager Janie Luna, Director of Public Works Steve Gillett, Police Chief Charles Smith, Director of Community Development Joel Albrecht, Director of Parks and Recreation Stan Sherwood, Purchasing Manager Louis Rigby, Capital Improvements Projects Manager Ross Cox, Assistant City Attorney John Armstrong Others Present: Al Blackford, Rex Carr, and members of La Porte FFA; Dick McDuff, representing Eagles Lodge; Doug Latimer and Janet Graves, Planning and Zoning Commission; Melissa Doyle, Bayshore Sun; 60 citizens 2. The invocation was given by Councilperson Skelton. 3. The Mayor proclaimed the week of April 4-9 as FFA Week. Representatives of the La Porte FFA, accompanied by Al Blackford and Rex Carr, were present to receive the proclamation. 4. Council considered approving the minutes of the public hearings and regular meeting held March 14, 1988. Moti n was made by Councilperson Skelton to approve the minutes of March 14 as presented. Second by Councilperson Lloyd. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None Minutes, Public Hearing and Regular Meeting La Porte City Council March 28, 1988, Page 2 5. The Mayor called to order the public hearing of the request of the Fraternal Order of Eagles for a special conditional use permit to allow a parking lot. Joel Albrecht, Director of Community Development, reviewed the request and presented the recommendation of the Planning and Zoning Commission. The Commission's recommendation was that the special conditional use permit be granted, subject to seven (7) specific conditions. Those conditions are: (1) the parking surface, including the existing parking, must be surfaced to control dust; (2) the parking surface must be set back 25 feet from the front property line and ten feet from the exterior side property line; (3) the 7th Street and G Street face of the lot must be screened from public view and the screening plan must be approved by the Director of Community Development; (4) any surfacing of the alley of Block 149 must be approved in advance by the Director of Public Works; (5) no parking lot entrances are to be allowed onto 7th Street; (6) the alley will not be used for primary access to the parking lot; (7) a hold harmless release by the Eagles to the City, acceptable to the City of La Porte Attorney's office. The Mayor called for public input. Mr. Dick McDuff, representing the Eagles, addressed Council with the assurance that the Eagles would uphold all conditions set forth in their permit. There was no further public input, and the Mayor declared the public hearing closed. 6. Mrs. Judy Nieuwenhuis, representing the Main Street Association, addressed Council regarding the relocation of Jordan Industries to the former Follis Construction building. She implored Council to find a way to prevent this relocation, due to its proximity to residential areas and the potential danger to the residents in that area. Also, she feels the relocation will be detrimental to all the efforts to revitalize the Main Street area. There have been many incidents involving the workers from Jordan Industries, and she feels that it is very undesirable to have them located within the City. 0 Minutes, Public Hearing and Regular Meeting La Porte City Council March 28, 1988, Page 3 Mr. Charles Young addressed Council regarding the six-month review of the zoning ordinance and map. He asked that the Council look carefully at the rezoning of 8 blocks on Nugent Street that are zoned R-3• Residents in that area feel that these blocks should be zoned R-1 in conformance with the adjoining properties. Ms. Cynthia Rankin, attorney representing Houston Chemical Services, Inc., addressed Council asking them to vote against having a referendum on May 7, and brought to their attention the possible costs of opposing HCS's permit application. Mrs. Cynthia Remick, member of Citizens for a Quality Environment, addressed Council to ask them to vote unanimously in favor of the ordinance calling for a referendum on May 7 regarding opposing HCS's permit application. 7. Council considered approving the special conditional use permit for the Fraternal Order of Eagles. Motion was made iluerson Skelton to approve the special conditional use permit for the Fraternal Order of Eagles. Second by Councilperson Porter. The motion carried, 9 ayes, 0 nays, and 1 abstain. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None Abstain: Councilperson Gay 8. Council considered an ordinance vacating, abandoning, and closing a portion of West "K" Street. The ordinance was reviewed by Joel Albrecht. The City Attorney read: ORDINANCE 1580 - AN ORDINANCE VACATING, ABANDONING, AND CLOSING A PORTION OF WEST "K" STREET; RETAINING PUBLIC UTILITY EASEMENTS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. • Minutes, Public Hearing La Porte City Council March 28, 1988, Page 4 and Regular Meeting Motion was made by Councilperson Lloyd to adopt Ordinance 1580 as read by the City Attornev. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 9. Council considered an ordinance vacating, abandoning, and closing a portion of the alley in Block Eleven Hundred Thirty (1130). The City Attorney read: ORDINANCE 1581 - AN ORDINANCE VACATING, ABANDONING, AND CLOSING A PORTION OF THE ALLEY IN BLOCK ELEVEN HUNDRED THIRTY (1130), IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS. Motion was made by Councilperson Lloyd to adopt Ordinance 1581 as read by the City Attornev. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 10. Council considered an ordinance calling for a non -binding referendum to be held in conjunction with the City's general election on May 7, 1988. The City Attorney read: ORDINANCE 1582 - AN ORDINANCE CALLING FOR A NON -BINDING REFERENDUM, TO BE HELD IN CONJUNCTION WITH THE CITY'S GENERAL ELECTION ON MAY 7, 1988; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Matuszak to adopt Or�_ipance 1582 as t_h� City Attornev. Second by Councilperson Waters. The motion carried, 7 ayes and 2 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Clarke and Mayor Malone Nays: Councilpersons Gay and Skelton C� • Minutes, Public Hearing La Porte City Council March 28, 1988, Page 5 and Regular Meeting 11. Council considered an ordinance approving an alcoholic beverage permit for Jalisco Taqueria. The City Attorney read: ORDINANCE 1000-W - AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; DEFINING SOURCE OF AUTHORITY; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by CounccilBerson Gay to adopt Ordinance jQ00-W__as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 12. Council was to consider a resolution supporting local businesses whenever feasible, appropriate and lawful. At the request of the Mayor, this item will be addressed at a later date. 13• Council considered authorizing the City Attorney to prepare a reciprocal agreement for use of Sylvan Beach Convention Center/School Facilities. Motion was made by_Councilperson Matuszak to authorize the City Attorney__ to prepare_a reciprocal agreement between the City and La Porte Independent School District for use of h ' Second by Councilperson Porter. The motion carried, 6 ayes and 3 nays. Ayes: Councilpersons Lloyd, and Mayor Malone Nays: Councilpersons Waters, Matuszak, Porter, Shipp, Gay Skelton and Clarke • • Minutes, Public Hearing La Porte City Council March 28, 1988, Page 6 and Regular Meeting 14. Council considered awarding a contract for waterline relocation on Broadway Street. ,Dotionwa-a made by Councilperson Waters to awa contract fwaterline relocation_Broadwav Street to McKey _Construc_ti_on and Equipment, Incy, _D he amo jDt__Qf $�0.670.60. Second by Councilperson Skelton. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 15. Council considered approving an amendment to the interlocal agreement with Harris County Flood Control for watershed F101-00-00. Motion waa e by Councilperson Skelton to approve the amendment to the interlocal agreement with Harris County Flood Control. Second by Councilperson Waters. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 16. Council considered authorizing the City Manager to lease space to the La Porte Area Water Authority. Motion was made by Councilperson Lloyd -to authorize the City Manager to lease space to the La Porte Area Water Authority. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. (Councilperson Waters had left the meeting and Councilperson Gay was away from the Council table.) Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: None 17. Council considered approving purchase of three used rental vehicles for use by the Police Department. • E Minutes, Public Hearing La Porte City Council March 28, 1988, Page 7 and Regular Meeting Motion was made by Counci_lperson Matuszak to approve purchase of three used rental -vehicles fc)r use by the Police Department. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 18. Council considered entering into an interlocal agreement between the cities of Seabrook, Baytown, and La Porte for cooperative purchase of malathion. Motion was made _by-Councilperson Skeltg to approve entering into an interlocal agreement for Durchase_of malathion. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 19. Council considered awarding a bid for a hydraulic and vacuum cleaning unit. MQU on was _made _by Councilperson Lloyd to award the bid for a hydraulic and vacuum cleaning unit to Industrial Disposal Supply in the _amount Qf $99,200.00. Second by Councilperson Matuszak. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 20. Administrative Reports: A. The City Manager introduced Mike Stewart, local Entex manager, who addressed Council briefly regarding a letter from Entex. The letter stated that Entex would impose no rate increase in the next year, and would continue with the high level of service they are currently providing. i C� Minutes, Public Hearing La Porte City Council March 28, 1988, Page 8 and Regular Meeting B. The City Manager distributed copies of a proposed logo for the golf course and asked Council to indicate which color logo they preferred for the one presented, or if they would like further logo ideas to be drafted. Council indicated they liked the logo presented and preferred the blue background. 21. Council Action: Councilpersons Lloyd, Matuszak, Gay, Skelton and Clarke brought items to Council's attention. Councilperson Matuszak suggested that Council hold the workshop meeting before going into executive session. Councilpersons Gay, Skelton, and Clarke requested staff to see what can be done about Jordan Industries. The City Attorney stated he will study this and try to have a report at the next Council meeting. 23. Council went into the workshop session at this time. 24. Discuss ordinance establishing an Airport Advisory Board. The City Manager reviewed a draft ordinance to establish an Airport Advisory Board, and addressed Council regarding the need of having such a Board. Council directed that this ordinance be placed on the April 11 agenda for action. 25. Discuss visit of Mayor Henry Cisneros. Councilperson Lloyd stated that he had heard many comments on Mayor Cisneros' visit, and that all had been very positive. He feels that the visit has pulled everyone together, and given everyone an opportunity to look to the future in a very cooperative way. His feeling is that we now need to look at the Master Plan and start moving forward once again. He would like to see Council take a pro -active stance and go out into the community and act as a catalyst for a new goals for La Porte program. Councilperson Matuszak agreed with Councilperson Lloyd. Mayor Cisneros gave a fresh outlook and approach. There are already people working to ensure that Mayor Cisneros' dream of what La Porte should look like will be ours. We do need to be pro -active and follow through with this. 0 • Minutes, Public Hearing and Regular Meeting La Porte City Council March 28, 1988, Page 9 Councilperson Porter felt that the basic ideas were there, and that Mayor Cisneros' visit pointed us in the right direction. He commended staff for bringing in Mayor Cisneros and putting the thing in motion. We need to develop an agenda immediately and proceed before the flames flicker out on us. Councilperson Shipp feels we do have some momentum now; we have people out there who are very interested in making it happen. He feels it is imperative that we have a plan and do it according to the plan and not in some helter-skelter manner. The City should take the initiative. Councilperson Gay was very pleased that we were able to get Mayor Cisneros to this area. He felt there were very many good ideas presented, and he was glad to have been a part of it. Councilperson Skelton had occasion to meet with Mayor Cisneros recently in Washington, and Mayor Cisneros was very interested in the reaction of citizens here in La Porte to his comments, and whether there was a chance of carrying out his ideas. Councilperson Skelton assured Mayor Cisneros that the City and its citizens were very enthusiastic and were already working toward getting various businesses to come into the City. Councilperson also noted that Mayor Cisneros is very impressed with our City Manager, and feels that he will be a great City Manager of the future. Councilperson Clarke agreed with Mayor Cisneros that Bob Herrera is a great City Manager, but he hopes Bob won't go to San Antonio to work for Mayor Cisneros. He feels that mutual involvement by city government and private enterprise will be the only way to accomplish our goals. Mayor Malone stated that we need a committee of citizens and Council to work together to accomplish our goals. We need a dynamic leader, one who will get the job done, to head this committee, and we need to start looking for someone right away. The Chamber also needs to be represented on this committee, but the City needs to pick the person who leads the group. 0 • Minutes, Public Hearing La Porte City Council March 28, 1988, Page 10 and Regular Meeting City Manager Bob Herrera presented a written report to Council containing his ideas on a visionary plan for La Porte. He emphasized that the ideas presented are his personal ones, and Council should feel free to change anything they feel is not compatible with what they would like to accomplish. Mr. Herrera then reviewed the program with Council. He was very gratified that Council's comments had reinforced what his feelings are regarding La Porte's future and the methods to accomplish those goals. Councilperson Matuszak addressed the question of what person could be chosen as the leader to put all of these plans into action. It is a very important role, and the right person must be chosen soon before the momentum is lost. Councilperson Lloyd suggested that the Mayor appoint an ad hoc committee of Council to get the City started and that they come back to Council at a meeting in April to make a preliminary assessment of the report given by the City Manager. It was decided that April 11 would be the date for the preliminary report. Mayor Malone appointed an ad hoc committee of Council members consisting of Councilpersons Lloyd, Matuszak, Porter, Shipp, Gay and Skelton. 26. Discuss six-month review of zoning ordinance and zoning map. Before discussion on this item, the Mayor declared a short recess at 8:38. The meeting reconvened at 8:50. Director of Community Development Joel Albrecht reviewed the three major proposed areas of change to the zoning ordinance: Non -conforming buildings, structures and uses, section 4-200; Landscaping (various sections); and the 3/4 rule, section 11-507(8). 22. Council retired into executive session at 9:47 P.M. for the following items: A. - Legal - Discuss with Attorney proposed amendments to City of La Porte contract for solid Minutes, Public Hearing and Regular Meeting La Porte City Council March 28, 1988, Page 11 waste disposal; B. - Land Acquisition - Discuss with City Attorney land acquisition for sanitary landfill site; C. - Conference - Receive report from City Manager and Police Chief on police matters; D. - Personnel - Six month review of performance of City Manager. Council returned to the table at 10:27 P.M. LUtioU_was_made_ bv_ Council son_ Skelton ua� __to ar'z the City Manager to enter into cpptract negotiations with Hazlewood. Second by Councilperson Shipp. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Lloyd, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None Item D - Six month review of performance of City Manager was postponed until the April 11 meeting. 27. There being no further business to come before the Council, the meeting was duly adjourned at 10:29 P.M. Respectfully submitted: CIS Cherie Black, City Secretary Passed & Approved this the 11th day of April, 1988 N man Malone, Mayor Offic e of the MAYOR CITY OF_: LA PORTE ,;. TOrICAma�r�n kff=S: The La Potrte Futuhe FaAmmetus o6 AmeAica (FFA) cuAAentZy hays 35 La Potite 6tudents entotted in the paog, cwm; and WHEREAS, undetc the guidance o4 Jae HaU.is, a&sizted by David BeA i.etc, FFA youth t ais e t i vedtock to b how and sett at their annual tive,stock show and auction; and WHEREAS, ptcoceeds jum the za2e ab the tivestock go towoAd punchas e o b b eed and cant o b Aaizing the an.i,mats , and ats o het p to finance the next yeah',s pto ect; and WHEREAS, the youth who .invest their time and eneng.ies to the FFA Ptwgttam ate gaining vatuabte expert i.ence .in many bacets a4 t i4e that w,c U hetp them in, the 6utuhe; and WHEREAS, the City o 6 La Potlte deems it 6itt ng to congxa to tare the FFA on thedh line e6jo ts. NOW, THEREFORE, I, NORMAN MALONE, MAYOR o� the City of La Pokte, do heheb y ptcoc2a im the week o� Aptit 4 t Gough 9, 1988, ass FFA WEEK ,in the City o b La Po te, and uhg e citizens to paxt icipate in the FFA Zivestock auction on Apxit 9, 1988, to Ahow thedh suppo t aj these 6ine youth. IN WITNESS WHEREOF, I have hereunto set my hand and cauzed the Seat o i the City y to be aj j fixed hexeto , this the 2 8th. day o j Match, 1988. CITY OF LA PORTE anman L. Matone, Maym Agenda Date Requested: March 28, 1988 Requested By: Ervin J. Griffith Department: Code Enforcement/ Comm. Development X Report Exhibits: Resolution X Ordinance 1) Staff background report and exhibits 2) Transmittal memo from Planning & Zoning Commission to Mayor and Council 3) Special Conditional Use Permit 4) Transparencies The Bayshore Aerie #2753 of the Fraternal Order of the Eagles are requesting a Special Conditional Use Permit to allow the construction of additional parking facilities. The lots on which the Eagles are proposing to locate this parking area are separate from their main facility by an alley. This alley is also a zoning line. As a result of these factors, a Special Conditional Use Permit must be issued before any permits may be issued for the construction of this parking lot. The Planning & Zoning Commission considered this permit request during their March 18, 1988 Public Hearing and Regular Meeting. The Commission recommends granting this request subject to the conditions listed on the attached Special Conditional Use Permit. Staff concurs with this recommendation. Action Required by Council: 1) Hold public hearing to receive public input regarding this Special Conditional Use request. 2) After public hearing, consider approval of this Special Conditional Use Permit Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: _ YES _ NO Approved for City Council Agenda _(--Pd--A J T 3-2,14-Q&� Robert T. Herrera DATE City Manager Type of Request: Requested For: Requested By: Property Zoning: Background.: Special Conditional Use Permit Lots 25-32, Block 149; La Porte Bayshore Aerie #2753 of the Fraternal Order of the Eagles 803 South 8th Street R-1; Low Density Residential The Bayshore Aerie #2753 of the Fraternal Order of the Eagles is requesting a Special Conditional Use Permit to allow development of a 58 space parking lot to be located on Lots 25-32 of Block 149; La Porte. (exhibit A). The purpose of this parking lot is to provide accessory off site parking for their 8th Street meeting hall. This permit is being requested under the guidelines of Section 10-200 of Ordinance No. 1501. A special conditional use permit may be granted by the City Council for the construction of a building and/or the establishment of a use as described in this or any other section, upon a tract of land in single ownership or under unified control. (Section 10-201[1]) Analysis: The parking lot, as proposed, is to be built using a single course asphaltic sealer over a calcium sulfate base. This will satisfy, subject to the approval of the Director of Community Development, the requirements of Section 10-605171 for dust free parking surface. Lot setbacks are to be 25 feet on the front (7th Street) face of the property and 10 feet on the exterior ("G" Street) face. Setbacks will be measured from property lines rather than from street surfaces. These proposed setbacks meet the requirements of Section 10-607(5). As is also indicated on Exhibit "A", a landscape screen has been proposed for the 7th Street and "G" Street faces of the property. This landscape plan, subject to final approval by the Director of Community Development, will satisfy the requirements of Section 10-605 (11). Finally, surfacing has been proposed for the alley separating the parking lot from the existing meeting hall. Any type of alley surfacing will require the written approval of the Director of Public Works. • • Fraternal Order of Special Conditional Page 2 the Eagles Use Permit Steve Gillett, Director of Public Works, has approved of the same type of surfacing for the alley. The City will not maintain the alley and if the City needs to repair the utilities in the alley, the repair of the surface will be at the Eagles expense. The conditions listed above reflect requirement of City Ordinance. A final suggested condition is a prohibition of parking lot egress on the 7th Street face of the property. This recommendation is not based on ordinance requirements but rather on the number of residences located in this block of 7th Street. The Eagles are -not proposing a 7th Street entrance at this time. Conclusion• Subject to the required approvals of screening and surfacing plans, this request meets all prerequisite conditions necessary for the issuance of a special conditional use permit. In summary, these conditions are again as follows: 1. Parking surface, including existing on site parking, must be surfaced to control dust as per Section 10-605(7). Surfacing must be approved by the Director of Community Development. 2. Parking surface must be setback 25 feet from the front property and 10 feet from the exterior side property line as per Section 10-607(5). 3. The 7th Street and "G" Street face of the lot must be screened from public view as per Section 10-6050 1). The screening plan must be approved by the Director of Comm. Development. 4. Any surfacing of the alley of Block 149 must be approved in advance by the Director of Public Works. 5. The final suggested condition is that no parking lot entrances be allowed onto 7th Street. 6. The alley will not be used for primary access to the parking lot. 7. A Release to be prepared by the Fraternal Order of the Eagles stating that the City of La Porte will not be held responsible for any repairs to the paved surface of the alley should the City need to repair any utilities located therein. The Fraternal Order of the Eagles will also hold the City harmless of any injuries occuring on said alley. This letter must be acceptable to the City of La Porte Attorney's Office. C1 Fraternal Order of Special Conditional Page 3 Recommendation: the Eagles Use Permit Approval of this request subject to the above listed conditions. Recommendation of Planning & Zoning Commis. The Planning & Zoning Commission recommends the granting of this Special Conditional Use Permit subject to the conditions listed in this report. INTER -OFFICE MEMORANDUM To: Mayor and City Council From: Doug Latimer, Chairman of Planning & Zoning Commission Subject: Special Conditional Use Permit Request by the Bayshore Aerie #2753 of the Fraternal Order of the Eagles to allow construction of a parking lot on Lots 25-32; Block 149; La Porte Tract Date: March 17, 1988 This request was considered during the Planning & Zoning Commission's March 17, 1988 Public Hearing and Regular Meeting. After taking public input and reviewing Staffs report, the Commission voted to recommend approval of this permit request subject to the conditions listed on the attached Special Conditional Use Permit. DL/nd I m A CONTRACTOR TO STAY OUT Of CITY PARK AREA PROP. RA q tz 1 _W4 A, GL GA LEGAL DESCRIPTION .......... HARRIS COUNTY. T.XA& \ ADDRESS T. .1. .1­1 \\ T-11 ALLEY TOPOGRAPHIC ELEVATIONS :1; -lux 4. F, V, b, A—S.(F, .7 - A ..... ....... ONE STORY METAL &UILIHHQ i 175'-0* It 14'-*' E.H. A I N'. Y.rP.IA.' It, TTIN, D­­ ?J .... .. ........ ... SOOTS 71h I ,IET SOUTH !t�STREET x h-; MINOR DEVELOPMENT 51Tr PLN SITE PLAN FJTERLAL 09kVIR Of F-ACkf. -7 5.5, Lk H. CARLOS SMITH • 4 4............. 1 ) • r— n BAYSHORE AERIE No. 2753 LA PORTE, TEXAS 77571 March 21, 1988 TO WHOM IT MAY CONCERN: x This is to acknowledge that the Bayshore Aerie 2753 of the Fraternal Order of Eagles, located at 803 South 8th Street in the City of La Porte, do hereby release the City of La Porte from any damages or liabilities that might occur in the Alleyway across our property. We, the Trustees of Bayshore Aerie 2753 of the Fraternal Order of Eagles, do assume all responsibility and liability for the alleyway across our property and any claims of damage that might result from damage on this property. We promise this for ourselves and for the future Board of Trustees and we make this solemn promise to the City of La Porte. Board of Trustees of Bayshore Aerie 2753, F.O.E. i tN R CROCKETT Notary Pubic, State of Texas NY COMMisgtcn gTre*28/89 �J.. t �dY 'r i 4 ��,•• NAME: ADDRESS SUBJECT ON WHICH I WISH TO SPEAK: DATE: 0 • NAME: ADDRE: SUBJECT ON WHICH I WISH TO SPEAK: �cz, DATE: 3 -0�> .7 L _'J NAME: ADDRESS: SUBJECT ON WHICH I WISH TO SPEAK: DATE: _ Ze' s 0 NAME: ADDRESS- SUBJECT ON WHICH I WISH TO SPEAK:U--- C DATE: o VI-' �r R CITY OF LA PORTE SPECIAL CONDITIONAL USE PERMIT Ordinance #1501 Permit No. 88-006CLP Job No. This permit issued to: Bayshore Aerie #2753 _ Fraternal Order of the Eagles Owner or Agent 803 South 8th Street La Porte Address For Development of: Off Site Parking Lot for EaF-les Aerie #2753 Development Name Zoning: — R-1 803 South 8th Street La Porte Address Lots 25-32; Block 149} La Porte Tract Legal Description 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 1) Parking surface, including existing on site parking, must be surfaced to control dust as per Section 10-605(7) of Ordinance No. 1501. Surfacing must be approved by the Director of Community Development 2) Parking surface must be set back 25' from the front property line (South 7th Street) and 10' from the exterior side property line (Zest "G" Street) as per Section 10-607(5) of Ordinance No. 1501. 0 Special Conditional Use Permit No. 88-006 Page 2 3) The South 7th Street and West "G" Street faces of the parking lot must be screened from public view as per Section 10-6050 1) of the Ordinance No. 1501. The screening plan must be approved by the Director of Community Development. 4) Any surfacing of the alley of Block 149 must be approved in advance by the Director of Public Works. 5) No parking lot access shall be located on any portion of the South 7th Street and West "G" Street faces of this property. 6) The alley shall not be used for parking lot access. 7) A Release to be prepared by the Fraternal Order of the Eagles stating that the City of La Porte will not be held responsible for any repairs to the paved surface of the alley should the City need to repair any utilities located therein. The Fraternal Order of the Eagles will also hold the City harmless of any injuries occurring in said alley. This letter must be acceptable by the City of La Porte Attorney's Office. Validation Date: March 28, 1988 Zoning Administrator AMEND-9/'87 City Secretary 0 . . � Z ' __----_ WCIRITY' MA FEE -It Up CONTXACTO* TO STAY OUT Of CITY PATIN AREA LEGAL DESCRIPTION ADDRESS ONE STORY METAL BUILDING ITT mo vo &Lbi Agenda Date Requested: March Requested By: Joel aRIJDepartment: Community Deve. Report Resolution XXXX Ordinance Exhibits: Ordinances Letter application from U.S. Postal Service, 10/24/86 Letter from Mayor Norman Malone, 2/11/86 Letter from La Porte Postmaster Letters from Franchise Utilities ' Department checklist and map, 12/17/86 Memo from Public Works, 11/3/86 Memo from Fire Marshall, 3/27/87 SUMMARY & RECOMMENDATION Ordinance vacating and permanently closing: A. The West "K" Street right-of-way between the South 7th and 8th Street right-of-ways B. The portion of the alley in Block 1130 between lots one (1) through six (6) and lots twenty-seven (27) through thirty- two (32) The closure has been requested by the U.S. Postal Service for construction of the new La Porte Main Post Office. The City Council had expressed support for the street and alley closures for the new post office at its February 11, 1986 regular meeting. Staff has placed the following pre -conditions to these closures upon U.S.P.S.: 1) an;alternate access road to the house at 1205 South 7th Street be constructed; 2) the ordinance provide for a public utility easement and for emergency access through the U.S.P.S. property by City emergency vehicles; and 3) a letter be furnished the City fire department authorizing said emergency access. All of these pre -conditions have been met by U.S.P.S. Ordinance 1550, exempts governmental entities having the power of eminent domain from payment of the application fee and for payment of fair market value for street and alley right-of-ways. Action Required by Council: Approve the proposed ordinances. Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: _ YES _ NO Approved for City Council Agenda R F ok 3 Robert T. Herrera DATE City Manager ® NpQEs PoSTq _ • C < w m a F Z:) usNuu� = rnn United States Postal Service -, r-or-te, rx 77 57' —9993 %Du L•a forte ire Department F . Dox 11 i11 t 77 ':71 La i• o�� �? a'�- Att.- 'Joe T . Cni:cz Dear ;;hies'; reccir-t of this. letter, t:10 La forte :?ire Department is hereby -ra.ntecl permi ;ion to u:'11ocI, the ,locks on -the east/bvesu Zate on _ + s is .tr•c:et, (I:cy �o be ircJeCt to you at a !a ter date). So that the Fire Department can en te-r upon or cross through the U. 'S. Postal Property durin;; a fire emergency, provided gates are secured ,Then you are through entering or crossing said Property. . Postmaster or 'Supervisor to be contacted a^ -soon. -:i. s possibly v.-hen zgates: ar • ore }ed . (i- ,,).cs and I. -,hone iu.%ibers provided below). .hi^ agreement i-, binding between the U. S,. Postal Service and the La torte Piro Dlcpari;mer-t from the r',;ceint of this letter `'or-. ard. Fostmacter - Charle3 Uur.jellS Surf . - :ta.Y ?ccobedo 4•24-197 a ,�_ 471-4•T322 uFV . - t t:, �,� ,.. e i�a c .� —j ; .: /i'[ t�-G ' i., ruY!nell s . (i c • ,pTES POSL 46 G � � W m z 7 M&NIML m United States Postal Service October 24, 1986 City of La Porte City Hall La Porte, Texas 77571 Gentlemen: I. This letter is the request of the United States Postal Service, that the City of La Porte close certain streets and alleys, to facilitate the construction of a new United States Postal Service Main Office for La Porte, at the intersection of Fairmont Parkway and South 8th Street in La Porte. The United States Postal Service requests that that portion of the alley in Block 1130, Town of La Porte, lying and being situated between Lots 1 through 6, and Lots 27 through 38, both inclusive, be closed and abandoned. It is also requested that that portion of the right-of-way of "K" Street, lying and being situated between Blocks 1102 and 1130, Town of La Porte, Harris County, Texas, and between the East right-of-way of South 8th Street, and the West right-of-way of South 7th Street, being a tract of land 60' X 266', be closed and abandoned, subject to the City of La Porte retaining a utility easement for its two (2) sanitary sewer trunk mains. It is our understanding that no fees are chargeable to the United States Postal Service, a governmental agency, for these alley and street closings. It is further our understanding that the City of La Porte will open South 6th Street between Fairmont Parkway and "K" Street, and "K" Street between South 6th Street and South 7th Street, for access to the owner of the property on Block 1129, Town of La Porte, and for further access to the United States Postal Service property. A 11 Page 2 Octoer 24, 1986 Attached to this letter is a copy of the survey of the property owned by the United States Postal Service. Please let me know if any further information is needed. Yours very truly, Charles Gunnells, Postmaster La Porte Post Office CG:klw Enclosures Ap 0 t 4 R �� �o �) OT::LEA r� b.._f R3 r 30x :S , -A T�xws 77 71 February 3.1, 1.90 x,r. Charles Gu�illnlIS, L=os`:�aster .,1:lited States Pont Office 1.30 South 4th Street . La Porte, Texas 77571 Dear- ':r. Ounrells: The City Council cf the City of La Por', e, at its regular mmeetina held Fr"In'r. u:ary 1_0, 1986, aut-horized Me to . write you ::his letter concerning the construction of . a ne-,,7 U S. Post Of f c y to serve the citizens of La Port, The City" Council asked r:e to exi;ress :to ,tj -e U. S• Festal Service, its willir_gness to work with you or. necessary tre t- and alley closinas, an:I the furn .shines_ of tJatGr an -I :.e;ier, to tree site :Chosen in La Porte for t1le new U. S. Post ? facility. SDecif .c ally, you have requested o the City of La Porte, an expression of its willinaness to close certain street:: and -Il.eys, for a propose:: Post: Office Site acrpss the stre:e'� fro::: is Norte .' ty Hall, and whether this site is properly zone,,! fol: f� )st of-li.ce pui:po .aa The City Council o the .0 ty or 1a P Zte exp willingness to take ,f7•:Srmal action, or :.ile written petition of the U. S. Pas.al Service, than. porti_o'n of South Gth c-_re'et, lying and, being situtatle bet,aei3 ,n 1, ciirmoIlt �'3r:;Sv'�i_y, on t i-, :ior -__r :VId Si.?llt.>^. Ii" `+c`. vt, on the Sc th; to close the U� the �11e. y s1 U1J \1.103, 1 OY�I l � r P •• 4 -] 1 1- 7 i Ci � 1r � } .' + T o,,i n -o f � tee , Oa. j :1 Porte; il,t•..., to .cl«r:� � t�:e 'S__ vy is � :aC �. La I cr _c- all 1.:'1 Harris County, Texas, upon the acquisition �?- �.1 => e to �l'a a1-,U..1_I."•? pro ,'.a ty by the tt. S. .. oFtal Service. The U. S. ?03:a.L S rsicc, as a ozC_ be t7, any f,�Ls e:.r CU:; =_ to the City of I::i P crte in With :.n.°i :a�_`_'I`..,r ::tr�F't _i?. c?�.i.t.��' C� i....:aa •i:.it 11.f? }:�? .._`v on a ?7rtfl, LO ..'ltL? is .. _l i. •=1 f•.-,Y a D•_;/ :7 t« '«'L L: _.CL f r��im i.tom.• _' %:? - 7 rVllo,. is _�..: .'w i. `.. .... 'Yes j...Ti ir.C.na--I.e:s Page �o >CitV rHG3�:yEix�if t1? rtli? 'lC' COLl'^l� O of La r':�rte, our willingness to cooperate with y,in e,��1'�' way, to e:'peditn :.h, ce:;nstruction and opening of a 'much net -de -I new T.I. S. Post. 0:.rice fortile, citizens of La Porte, whother on this. I].�t?. Jr another site you :lclj' C!.1CO$04 Please feel :Y_ree to Cv^nt.c'ac+_ mie; -our City winger, - Mr. .'lack G,•ien; and our Community Development -Staf. , ZEar. any assistance 1;1*hic'rl we ray give on this project. tie all loo : forward -to the opening of this fine nela £ +cilwty . Yours very truly, CTmY. OF. LA .PC?R` E %��orlrar_ 2ialon May"A! ram: z1w cc: Tian. City Council Tack Owen, City Manager + IN REPLY REFER TO UNITED STATES POST OFFICE la Torte, ex. 77571-9998 P.iarch, 17, 1987 City Of La Forte, F.C. Box 1115 La Porte, Tx 77571-1115 Attn: Eobert C. Speake, City engineer Dear Sir: the language of the proposed Lrdinance is acceptable to the U.S. T'ostal Service. Sincerely, Charles L. Gunnells, Postmaster CITY OF LA PORTE INTER -OFFICE MEMORANDUM TO: Cherie lack, City Secretary FROM: Steve Gillett, Acting Public Works Director DATE: November 3, 1986 SUBJECT: RIGHT-OF-WAY AND ALLEY CLOSURE REQUEST The Public Works Department has no objection to the request of the United States Postal Service to close the alley in Block 1130, situated between lots 1 through 6 and lots 27 through 38. No Public Works facilities will be affected by this closure. The Public Works Department has the following objections to the request to close the right-of-way of "K" Street between blocks 1102 and 1130 and between the East right-of-way of South 8th Street and the West right-of-way of South 7th Street: 1. The City must retain a utility easement to allow maintenance of its two (2) sanitary sewer trunk mains located in this right-of-way. , 2. The residence located south of the requested closure will no longer have access to their property. SG/gs xj • XP.O.BOX 937, LA PORTE, TEXAS 77571 November 5, 1986 Cherie Black City Secretary City of La Porte P. 0. Box 1115 La Porte, TX. 77571 RE: Vacate, abandon and close: 1. A portion of alley in Blk. 1130 town of La Porte lying and being situated between lots 1 through 6 and lots 27 through 38 2. A portion of the right of way of "K" Street lying and being situated between Blks 1102 and 1130, town of La Porte and between the East right of way of South 8th Street and the West right of way of South 7th Street Dear Ms. Black: In request #1, Entex does not have any gas mains in said described portion of the alley in Blk. 1130. We hereby release and abandon our rights to the above described portion of alley in Blk. 1130, provided similar releases are obtained from other utility companies having the right to said street. In request #2, Entex does have an existing 2" and 6" main in said described portion of West "K" Street running West to East which serves the City of La Porte and the Bayshore areas. We do not release this portion of West "K" Street as these gas mains are vital to our operations. However, to maintain their existence, options can be worked out. Sincere 5 W. C. Randall Manager, Entex, Inc. La Porte, TX WCR/mld • Ms. Cherie Black City of La Porte City Secretary P.O. Box 1115 La Porte, Texas 77571 Dear Ms. Black: Southwestern Bell 510 Crown Street Suite 214 Houston, Texas 77020 Phone (713) 672-5700 November 17, :985 Regarding your letter dated October 28, 1986 be advised that Southwestern Bell Telephone Company has no facilities in that portion of the Alley on block 1130, lying and being situated between lots 1 through 6, and lots 27 through 38, also the right-of-way of "K" Street between the east right-of-way of South 8th Street and the west right-of-way of 7th Street, in the town of La Porte, Harris County, Texas and has no objections to the abandonment and closing of the above mentioned parcels of land. Any further requests for telephone service within this area will require easements or structures provided at the owners expense and at no cost to the telephone company, to conform to any further develop- ment. Any further questions regarding this matter may be directed to Jim Neas on 672-5734. I A Sincerely, JQAArVU_C__V- Manager-Engineering (Des gn) Northeast 0 INTER -OFFICE MEMORANDUM DATE: March 27, 1987 TO: Bob Speake-City Engineer FROM: Paul R. Hickenbottom-Fire Marshal SUBJECT: CLOSURE OF "K" STREET BETWEEN 7th and 8th STREETS This memo is in regards to your memo to me dated March 26, 1987. The La Porte Fire Code requires a fire hydrant to be with 600 feet of a residence. With the closure of "K" Street between 7th and 8th Streets, this would place the residence in Block 1129, beyond the 660 foot requirement. Therefore, I could not approve the closure of "K" Street, unless, "K" Street was maintained in a serviceable condition and a gate was placed at "K" and 8th Street. Or, a fire hydrant was placed within the Fire Code distance requirement on 6th Street between Fairmont Parkway and "K" Street. In talking to Phillip Hoza, City Engineering Technician, the gate at 8th and "K" Street has already been proposed by Postal Officials. If this is correct, this Officer would need a letter from the Postal Officials stating that the gate would never be blocked, keys for the Fire Department would be issued and the street would remain at all times in a serviceable condition. Paul R. Hickenbottom Fire Marshal PRH/kf cc: Debbie Wilmore-Code Enforcement F 8 MF0 \ DATE: S. 141sCo I X - REF J ' CASE KEY MAP REFERENCE: LI-os F'oatlo�4 ol-�au.m-r I N R_A-cr k. i 13c7 CITY OF LA PORTE COMMUNITY DEVELOPMENT DEPARTMENT Checklist for Street & Alley/Easement Closing Requests: (1) Public Utilities (a) The City shall check for existing utilities in the ROW's, Alleys, or Easements (b) Other public utilities will be checked by the individual franchises; i.e. Entex, Bell Telephone, HL&P, Cable TV Qc> tJbLitie-:L1_" 'HIS &LLET COEtZ1E IN-bJG (2) Effect on adjacent property and property in surrounding area. (Does the street closing request "landlock" or seriously diminish access of adjacent land?) IJol'------- (3) Effect on access by fire and other emergency vehicles. (4) Review the closing request in regards to future needs (whether immediate or long-term) for: (a) Utilities (water or (sewer)* Qs_> Gu12. a4rdK Ha gE _9-&k4s Erne- Un Liti ES I W tulit, AgjzL r (b) Streets/Thoroughfares/Traffic Patterns* I11c.-IGlAv_gE2,4t- T (c ) Drainageways* 1--�5 I�c� L1"0�-1 ��cee+-I�' Q2�hl�E (d) Other Comprehensive Plan Considerations: Viand Use Plan ✓Thoroughfare* ✓Utilities* ✓9fficial Parks & Rec. Map �ommunity Facilities Plan Safety Plan ONLY o't"HE2 C�r151 r�S2�_ ��1� L� PSI r��.E +�l�oit'I c la•L iZ.d• I•� tJ EIS � -1 P=z .I:;p C 0 (See Exhibit A) •:. ,C'\ FILE #: X - REF: 86-8217 PAGE #: 1 KEY MAP REFERENCE: J-9 CITY OF LA PORTE COMMUNITY DEVELOPMENT DEPARTMENT Checklist for Street & Alley/Easement Closing Requests: (1) Existing public utilities in right of ways, alleys, or easements (a) City utilities (water and sanitary sewer): The City maintains two (2) sanitary sewer trunk mains (36" and 60") in the "K" Street right of way which would require an access easement for city maintenance of existing and future utilities in the area (Exhibit "B"). (b) Franchise utilities (power, telephone, natural gas, cable TV, etc.) Being handled by City Secretary, Cherie Black. Separate letters will be furnished by each franchisee. (2) Effect on adjacent property and property in surrounding area. (Does the street closing request "landlock" or seriously diminish access of adjacent land?) Presently, an existing home in Block 1129, Lots 1-3 has access from 8th Street via a shell and limestone driveway constructed apparently by the homeowner in the "K" Street right of way. Closure of this portion of "K" Street would require the city to provide access to the north 150 feet of Block 1129 from Fairmont Parkway via the 6th Street right of way, which is unimproved at this time. To provide this access, it would be necessary to construct an all-weather road with roadside drainage and associated drainage structures (Exhibit W . (3) Effect on access by fire and other emergency vehicles. Access to the existing home in Block 1129 by city emergency vehicles would be adversely affected by this closure of "K" Steet unless alternative emergency access is provided. RE: Item (2) �" FILE #: DATE: December 17, 10 XREF: 26-8217 Page C (4) Review the closing request in regards to future needs (whether immediate or long-term) for: (a) Utilities (water or (sewer) A proposed future long-term 30" gravity sanitary sewer along the east side of 8th Street may require additional right of way (Exhibit "C"). (b) Streets/Thoroughfares/Traffic Patterns The city has no current or future plans for improving the K Street right of way. The closing of this portion of "K" Street would eliminate the possibility of looping traffic around the proposed Post Office site from 8th Street along "K" Street to 6th Street, then along 6th Street to Fairmont Parkway, which if done in the future would reduce congestion at both the intersection of Fairmont Parkway at 8th Street and Fairmont Parkway at the east entrance to the site. (c) Drainageways This closure does not impact current or future drainageways in the area. However, the area lies within the 100 year flood plain. (d) Other Comprehensive Plan Considerations: Land Use Plan: None Thoroughfare: None Utilities: See Items 1 and q Official Parks & Rec. Map: None Community Facilities Plan: None Safety Plan: None Zoning: See Exhibit H C CDATE: December 17, 1986 FILE #: X - REF: 86-8217 Page #: 3 (5) Furnish small plat (81/2" x 14" max.) of the. proposed closings, the status of adjacent streets (open or closed), property owners adjacent to (or nearby and possible affected) the proposed closing. (See Exhibit A) (6) Receipt-of',comments-from Public Works. // attached /x/ Forwarded to City Secretary (7) Comments/Recommendation(s): Approve closure of this -portion of "K" Street conditional on the following: (a,) Negotiation of a satisfactory easement instrument between the applicant, the City, and all franchise utilities having facilities in this right of way. Said easement should, at minimum, guarantee maintenance access to the grantees and access by emergency vehicles, permit no permanent structures within the easement without design approval by grantees, and provide for removal (for maintenance of grantee facilities within the easement) of pavement and other permitted structures installed within the easement by the grantor at no expense to the grantees. (b) Negotiation between the City and the applicant of a satisfactory alternate means of providing access from a public street for the house on Lots 1-3 of Block 1129. Said access must be via an all-weather road with roadside drainage. City Engineer Date ector of Comm. ev4 Date Forwarded to City Secretary by City Council by Department Updates CTax Maps _ 1" = 100, U. V. Copy of Ord. in log Files _ x - ref files Date Date Action: m 4.981 �!1 T `�\ FDA 8 -.....-......s Ott 3.88 I1 i 430 t� Orr 10" 8rr 8r' Y, r •f x r - 90 H - r� , m 11 I1. A sT \ 127 12r� 8 8 ST. 8 7O NNI C 9T. Y. C 4 ST. 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M1t-r�+, � j. q ORDINANCE NO. 1580 AN ORDINANCE VACATING, ABANDONING, AND CLOSING A PORTION OF WEST "K" STREET; RETAINING PUBLIC UTILITY EASEMENTS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by record owner of all of the property abutting the hereinafter described portion of West "K" Street, in the City of La Porte, to vacate, abandon, and permanently close that portion of West "K" Street; and WHEREAS, the City Council of the City of La Porte has deter- mined, and does hereby find, determine, and declare that the hereinafter described portion of West "K" Street is not suitable, needed, or beneficial to the public as a public road or street, and that the closing of the hereinafter described portion of West "K" Street is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of said West "K" Street should be vacated, abandoned, and permanently closed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described property is hereby per- manently vacated, abandoned, and closed by the City of La Porte, to -wit: Being that portion of the right-of-way of West "K" Street, extending from the East right-of-way line of South "7th" Street to the East right-of-way line of South "8th" Street, SAVING AND EXCEPTING public utility easements and emergency vehicle easement. Provided, however, the City of La Porte SAVES AND EXCEPTS a public utility easement under said portion of West "K" Street, for the City of La Porte water, sanitary sewer, and storm sewer, and also for the use and benefit of all other public utilities holding franchise agreements with the City of La Porte; and an emergency vehicle easement over and across said portion of West "K" Street, for City of La Porte emergency vehicles. It is the intention of the City of La Porte that the above described portion of West "K" Street shall be permanently closed to through traffic of all kinds, and for any other surface and aerial uses, SAVE AND EXCEPT the herein retained sub -surface public utility easements, and any necessary right to use the surface in connection with the exercise of such public utility easements, and Ordinance No. 1580 , Page 2 SAVE AND EXCEPT the herein retained emergency vehicle easement. The City of La Porte, for itself, its successors and assigns, and the public utilities holding franchises from it, shall have the perpetual rights, privilege and easement, with appropriate rights of ingress and egress and reasonable working area for construction and main- tenance to entered upon and construct, reconstruct, maintain, operate, inspect, replace, repair and remove public utility facilities, together with all necessary improvements under and across the portion of West "K" Street, as described herein; All paving plans and specifications shall be subject to the prior approval of the City of La Porte, including, but not limited to the placement of construction joints in any paving. The City of La Porte and its franchised public utilities shall not be obligated to restore or repair any such paving necessitated by the exercise of such public utility rights and privileges. No permanent improvements other than paving and landscaping shall be erected on said property. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 28th day of March, 1988. CITY OF LA PORTE By: Norman L. Malone, Mayor ATTEST: By: Cherie Black, City Secretary APPROVED: By: Knox W. Askins, City Attorney CONSIDER ORDINANCE VACATING, ABANDONING, AND CLOSING .A PORTION OF WEST "K" STREET (Ord. 1580) - J. Albrecht Motion by Second by VOTE: F R Waters Lloyd Matuszak Porter Shipp Gay Skelton Clarke Malone / AGAINST ABSTAIN Motion carried ✓ Defeated Tabled ORDINANCE NO. 1581 AN ORDINANCE VACATING, ABANDONING, AND CLOSING A PORTION OF THE ALLEY IN BLOCK ELEVEN HUNDRED THIRTY (1130), IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS WHEREAS, the hereinafter described portion of the alley in Block Eleven Hundred Thirty (1130) of the Town of La Porte has never been opened or used as a public thoroughfare, and the public utilities now making use of such alley have all given their written consent for its closing; and WHEREAS, the City Council of the City of La Porte has deter- mined, and does hereby find, determine, and declare that the hereinafter described portion of said alley is not suitable, needed, or beneficial to the public as a public alley, and should be vacated, abandoned, and permanently closed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That, that portion of the alley located in Block Eleven Hundred Thirty (1130) of the TOWN OF LA PORTE, Harris County, Texas, lying and being situated between Lots One (1) through Six (6) inclusive, and Lots Twenty -Seven (27) through Thirty -Two (32), inclusive, is hereby permanently vacated, aban- doned, and closed by the City of La Porte. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall take effect and be in force from and after its passage and approval.' Ordinance No. 1581 , Page 2 PASSED AND APPROVED this the 28th day of March, 1988. CITY OF LA PORTE By: Norman L. Malone, Mayor ATTEST: By: Cherie Black, City Secretary APPROVED: // By: ( zyz4AW_�/I�GGyl/ Knox W. Askins, City Attorney Agenda Date Requested: March 28, 1988 Requested By: Six Councilmembers Department: City Council Report Exhibits: Ordinance 1582 See attached memorandum Resolution X Ordinance Action Required by Council: Adopt Ordinance 1582 Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: Funds Available: _ YES _ NO Approved for City Council Agenda (R �.,Js--Sy Robert T. Herrera DATE City Manager MEMORANDUM March 25, 1988 TO: Cherie Black, City Secretary FROM: Mayor Norman Malone Councilperson Betty Waters Councilperson John Lloyd Councilperson Ed Matuszak Councilperson Mike Shipp Councilperson Jerry Clarke SUBJECT: Agenda Request Item Introducing Ordinance Calling for Non -Binding Referendum Please place on the March 28 meeting an agenda item calling for a non -binding referendum on the May 7, 1988, ballot, to obtain a consensus of the electorate on whether the City should oppose the application of Houston Chemical Services, Inc. ;__ 0 :7 ORDINANCE NO. 1582 AN ORDINANCE CALLING FOR A NON -BINDING REFERENDUM, TO BE HELD IN CONJUNCTION WITH THE CITY'S GENERAL ELECTION ON MAY 7, 1988; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte, in order to obtain a consensus of the electorate on the proposition of whether the City of La Porte should oppose the application of Houston Chemical Services, Inc., for a hazardous waste incinerator permit in the City's Bayport Industrial District, and appropriate from the City's general fund the expenses of such intervention, does hereby call a non -binding referendum of the electorate, to be held in conjunction with the City's general election on May 7, 1988. The following proposition shall be printed on the ballot at such election, to -wit: SHALL THE CITY OF LA PORTE OPPOSE THE APPLICATION OF HOUSTON CHEMICAL SERVICES, INC., FOR A HAZARDOUS WASTE INCINERATOR PERMIT IN THE CITY'S BAYPORT INDUSTRIAL DISTRICT, AND APPROPRIATE FROM THE CITY'S GENERAL FUND THE EXPENSES OF SUCH INTERVENTION? YES NO Section 2. The City Council officially finds, determines,. recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval. ORDINANCE NO. 1582 Page 2 PASSED AND APPROVED, this the 28th day of March, 1988. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary APPROVED: ��� -6). ��z Knox W. Askins, City Attorney Agenda Date Requested: March 28, 1988 Requested By: K. Askins Department: Legal Report Resolution X Ordinance Exhibits: Copy of application for Beer Retailer's On Premise permit Measurement form from Code Enforcement Division Ordinance 1000-W Mr. Jorge Luis Aguilar, dba Jalisco Taqueria, has applied for an On Premise Beer Retailer's license at 718 W. Main Street. The location meets distance requirements regarding schools and churches, and all other requirements necessary to obtain an alcoholic beverage permit. Action Required by Council: Adopt Ordinance 1000-W Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: Funds Available: _ YES _ NO Approved for City Council_ Agenda Robert T. Herrera DATE City Manager 17 F- 16 w 1 7�1 ck"-� 27 6 1 31 27 6 1 31 27 6 1 31 27 J- g 0 • ORDINANCE NO. 1000-W AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; DEFINING SOURCE OF AUTHORITY; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING COMPLIAITCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte desires to regulate the sale of beer and prescribe the hours when it may be sold, for consumption on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the provisions of Texas Codes,Annotated, Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.31 et seq; Section 1. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: In addition to the locations specified in Section 1 of Ordinance No. 1000 of the City of La Porte, passed and approved by the City Commission of the City of La Porte on August 19, 1974, the sale of beer and wine shall also be permitted during the hours set by the general laws of the State of Texas, consistent with Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Sections 105.05 and 105.06, at the following location by a retailer selling beer and wine for consumption on premises, to -wit: STREET ADDRESS OF PROPERTY: 718 West Main Street, La Porte, Harris County, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: Lots 11 through 14, inclusive, Block 54, Town of La Porte, Harris County, Texas. NAME OF APPLICANT: Jorge Luis Aguilar ADDRESS OF APPLICANT: 10403 Kirkglen, Houston, Harris County, Texas TRADE OR ASSUMED NAME OF RESTAURANT BUSINESS: Jalisco Taqueria Section 2. Except and to the extent amended hereby, Ordinance No. 1000 shall remain in full force and effect. Section 3. This ordinance shall constitute a permit for the operation of a restaurant, as above defined, at the above location, which permit shall be personal to the applicant, and non-transfer- rable, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, 0 • Ordinance No. 1000-W, Page 2 and all other applicable federal, state, and local laws and ordinances, including other provisions of this ordinance. Section 4. It is expressly provided that .this ordinance is not an attempt to create a zoning district or comprehensive zoning as authorized by Vernon's Texas Codes Annotated, Local Government Code, State of Texas, but rather is to designate that area wherein beer for consumption on premises may be sold in accordance with the Authority granted by the Texas Codes Annotated, Alcoholic Beverage Code, State of Texas. Section 5. Hereafter no license for the sale of beer for consumption on premises where sold shall be issued or approved, save and except the areas designated in Ordinance No. 1000 of the City of La Porte, Harris County, Texas, and amendments thereto. Section 6. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of Ordi- nance No_. 1000 or any amendments thereto, or any other ordinance, statute, or code, that permits and regulates the subject matter of this Ordinance, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, any court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance. Section 7. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this Ordinance. Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas -Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this Ordinance No. 1000-W, Page 3 ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written -.notice and the contents and posting thereof. Section 9. This ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 1988. CITY OF LA PORTE By: Norman Malone, Mayor ATTEST: By: Cherie a k, ty Secretary APPROVE By: J o h r strong, '_�ssistant City Attorney Agenda Date Requested: March 14, 1988 Requested By: Alton Porter X Report Exhibits: Department: Councilman Resolution Ordinance Recently, a representative of the student body at La Porte High School made a presentation to Council requesting use of Sylvan Beach Convention Center by the school at no charge to them. At that time, Council was of the opinion that to allow the school to do so would be opening the door to requests from other organizations for free use of the Center. Council declined to allow the school free use of the Center, as they felt that in order for the Convention Center to be self-supporting, no free usage or discounts could be given. However, since the City uses various school facilities at different times of the year (swimming pool, track, school buildings for elections, etc.), I feel that some sort of reciprocal agreement is in order to enable an exchange of facilities. My suggestion is that the school be allowed free use of Sylvan Beach Convention Center on one (1) Wednesday, one (1) Friday, and one (1) Saturday during each year. The school would have the burden of limiting what school functions would be held, and only a legitimate school function could be held (no Booster Club functions, etc.). Reciprocal charges for aa City uses of school facilities would be the amount of total fees for the three (3) nights use of Sylvan Beach Convention Center (i.e., $1,950). The school district and the City would bill and credit internally. The in-house transfer of funds by the City could be made from Parks and Recreation Department to the Enterprise Fund for Sylvan Beach Convention Center. I would appreciate your support in this matter. If the School District and the Council agree that this is a feasible idea, the City Attorney can be directed to prepare an agreement for signatures. Action Required by Council: Approve authorizing the City Attorney to prepare reciprocal agreement for use of Sylvan Beach Convention Center/School Facilities Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: Funds Available: _ YES _ NO Aoroved for City Council Agenda G?_rA 3-)\-196 Robert T. Herrera DATE City Manager • 0 1 LA PORTE INDEPENDENT SCHOOL DISTRICT RSOuperriintendentH.LofISchoo sR 301 E. Fairmont Parkway La Porte, Texas 77571 (713) 471-0950 March 28, 1988 Norman Malone, Mayor City of La Porte Dear Mayor Malone, As a parent, citizen and principal of La Porte High School, I am requesting that the city council consider drafting a contract between the LPISD and the City of La Porte for the use of facilities. My goal is that the city and the school district will continue to work together to make La Porte the very best area for all our citizens. I believe that if the council were to draft a procedure, workable for both the city council and the board of trustees, the students of LPHS would have a very positive attitude toward the City of La Porte. I believe that when we show support for our young people we will benefit in the future. Our students are concerned about the use of the facilities and the outcome of your decision. Thank you for your consideration in this matter. If I can answer any questions or be of any help, please let me know. Sincerely, /tom �rr7ye nis Principal La Porte High School mb BOARD OF TRUSTEES President KYLAN LEWIS Vice President CHARLIE G. PERRY Secretary JOHN PAUL ZEMANEK Trustees MIKE KELLY D.O. LAIRD PAT STUDDERT MARY ANN TRAINER REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March1988 Requested By: W. Ross Cox V- Department: CIP X Report Exhibits: Resolution Ordinance Bid Tabulation - Broadway Water Line The 1985 Series General Obligation Bonds provided for improving Broadway Street between nGn Street and Farimont Parkway. In order to perform the street improvements, the City must relocate an existing 81, water line in the western right-of-way. This relocation is not included in the bond fund allocation and must be funded from other City sources. The source for funds is the accrued interest on the 1985 Series General Obligation Bonds. Bids were received and opened on March 11, 1988 and the low bidder was McKey Construction and Equipment, Inc. Action Required by Council: Approval of award to McKey Construction and Equipment, Inc. in the amount of $30,670.60. Availability of Funds: General Fund X Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 006-700-701-500 Funds Available: I- YES _ NO ApRroved for City Council Agenda Robert T. Herrera City Manager 3 Aq-Qr6 DATE BID TABULATION BROADWAY WATER LINE RELOCATION MARCH 11, 1988 •J USING C-900 PVC CLASS 150 PIPE jMCKEY CONST ;PAS -KEY CONST ;E.P. BRADY INC. :ALLGOOD CONST ;BORTUNCO-McGINNES UNIT EXTEND ; UNIT EXTEND ; UNIT EXTEND UNIT EXTEND UNIT EXTEND ITEM DESCRIPTION QUAN UNIT PRICE PRICE PRICE PRICE ; PRICE PRICE PRICE PRICE PRICE PRICE ----------------------------------------------------------------------------------------------------------------- ----------------- 1 8" WATER LINE PVC 918 LF 12.20 11199.60 17.95 16478.10 19.20 17625.60 17.00 15606.00 20.00 18360.00 2 4" WATER LINE PVC 40 LF ; 8.50 340.00 8.30 332.00 ; 7.50 300.00 ; 11.00 440.00 17.00 680.00 3 8" CROSS, CI 1 EA ; 225.00 225.00 ; 230.21 230.21 240.00 240.00 ; 500.00 500.00 580.00 580.00 4 8" GATE VALVE & BOX 3 EA 332.00 996.00 ; 356.56 1069.68 ; 365.00 1095.00 725.00 2175.00 475.00 1425.00 5 8" X 45 DEG BEND, CI 2 EA 110.00 220.00 ; 108.39 216.78 ; 100.00 200.00 335.00 670.00 ; 190.00 380.00 6 8" X 6" REDUCER, CI 1 EA ; 104.00 104.00 ; 83.21 83.21 ; 90.00 90.00 ; 275.00 275.00 200.00 200.00 7 8" X 4" TEE, CI 1 EA 133.00 133.00 150.00 150.00 130.00 130.00 ; 350.00 350.00 235.00 235.00 8 4" X 90 DEG BEND, CI 1 EA 83.00 83.00 80.00 80.00 ; 70.00 70.00 ; 280.00 280.00 125.00 125.00 9 FIRE HYDRANT UNIT 3 EA 1200.00 3600.00 ; 1294.00 3882.00 ; 1450.00 4350.00 ; 1500.00 4500.00 ; 1590.00 4770.00 10 4" TAPPING SELVE & VALVE 1 EA 725.00 725.00 1500.00 1500.00 ; 1650.00 1650.00 1450.00 1450.00 ; 1750.00 1750.00 11 REM & REUSE FHYD 2 EA ; 300.00 600.00 200.00 400.00 ; 675.00 1350.00 550.00 1100.00 1100.00 2200.00 12 CONNECT TO EXIST 8" WL 2 EA 500.00 1000.00 ; 1200.00 2400.00 ; 500.00 1000.00 500.00 1000.00 1400.00 2800.00 13 CONNECT TO EXIST 4" WL 1 EA 500.00 500.00 950.00 950.00 ; 450.00 450.00 ; 500.00 500.00 750.00 750.00 14 CUT PLG & ABNDON EXIST 8" 2 EA 200.00 400.00 500.00 1000.00 35.00 70.00 ; 375.00 750.00 ; 700.00 1400.00 15 TRENCH SAFETY SYSTEM 718 LF ; 0.25 179.50 ; 0.50 359.00 0.50 359.00 2.50 1795.00 ; 2.50 1795.00 16 REMOVE EXISTING CONC PAVE 20 SY 25.00 500.00 15.00 300.00 ; 10.00 200.00 35.00 700.00 ; 20.00 400.00 17 REPLACE EXIS CONCRETE PVM 20 SY ; 60.00 1200.00 ; 35.00 700.00 ; 40.00 800.00 ; 41.00 820.00 45.00 900.00 18 SAW CUT CONCRETE PAVEMENT 36 LF 2.50 90.00 2.50 90.00 2.00 72.00 7.00 252.00 2.50 90.00 19 CEMENT STABLILIZED SAND 35 CY 20.00 700.00 ; 15.50 542.50 18.50 647.50 ; 25.00 875.00 18.00 630.00 20 FINAL CLEAN UP 1342 LF ; 0.25 335.50 ; 2.00 2684.00 ; 1.00 1342.00 0.85 1140.70 ; 1.50 2013.00 21 COARSE AGGRE TRENCH BTM 20 CY ; 1.00 20.00 ; 25.00 500.00 20.00 400.00 43.00 860.00 35.00 700.00 22 12" STD WGT STEEL CASING 42 LF 15.00 630.00 ; 30.00 1260.00 25.00 1050.00 65.00 2730.00 50.00 2100.00 SUBTOTAL - BASE BID ; 23780.60 35207.48 ; 33491.10 38768.70 44283.00 ADD ALTERNATE A: 23 BORE & JACK UNDER DRIVES 424 LF ; 23.00 9752.00 18.25 7738.00 35.00 14840.00 ; 21.00 8904.00 12.00 5088.00 TOTAL BASE BID + ADD ALTERNATE A 33532.60 ; 42945.48 ; 48331.10 ; 47672.70 ; 49371.00 ADD ALTERNATE B: 24 OPEN CUT THRU DRIVES 424 LF 16.00 6784.00 26.35 11172.40 30.00 12720.00 ; 25.00 10600.00 16.00 6784.00 25 TRNCH SAFETY SYS DRVWY CU 424 LF ; 0.25 106.00 1.00 424.00 0.50 212.00 2.50 1060.00 2.50 1060.00 TOTAL BASE BID + ADD ALTERNATE B 30670.60 46803.88 ; 46423.10 ; 50428.70 52127.00 SUPPLEMENTAL ITEMS: 1 TIMBER ORDERED LFT IN TRN 1 MFBM 2 EXTRA TRUCK TIME 8 HR 3 EXTRA BACKHOE TIME 8 HR 4 EXTRA MAN HOUR - COMMON 24 HR 5 EXTRA CLASS A CONC 3000 P 5 CY �. 6 EXT CL A CONC FORMD & REI 5 CY 7 EXTRA EXCAVATION 20 CY 8 COLD MIX ASPHALTIC PVMT 20 SY 9 1-1/2" SVC RETAP 5 EA 10 1-1/2" SVC RETAP 5 EA 11 1" SERVICE RETAP 5 EA 12 3/4" SERVICE RETAP 5 EA 13 1-1/2" POLYETHYLENE SDR9 100 LF 14 1-1/4" POLYETHYLENE SDR9 100 LF 15 1" POLYETHYLENE SDR9 100 LF 16 3/4" POLYETHYLENE SDR9 100 LF 17 TRENCH DEWATERING 100 LF 200.00 200.00 ; 300.00 300.00 250.00 250.00 250.00 250.00 ; 1000.00 1000.00 37.00 296.00 ; 45.00 360.00 ; 45.00 360.00 ; 30.00 240.00 ; 30.00 240.00 35.00 280.00 ; 75.00 600.00 ; 90.00 720.00 ; 42.50 340.00 40.00 320.00 16.00 384.00 ; 5.50 132.00 12.50 300.00 6.00 144.00 15.00 360.00 30.00 150.00 150.00 750.00 90.00 450.00 60.00 300.00 ; 80.00 400.00 60.00 300.00 350.00 1750.00 ; 120.00 600.00 ; 75.00 375.00 ; 100.00 500.00 5.00 100.00 ; 75.00 1500.00 ; 15.00 300.00 3.25 65.00 ; 30.00 600.00 25.00 500.00 40.00 800.00 ; 5.00 100.00 10.00 200.00 45.00 900.00 200.00 1000.00 ; 250.00 1250.00 ; 750.00 3750.00 280.00 1400.00 600.00 3000.00 200.00 1000.00 ; 245.00 1225.00 ; 725.00 3625.00 ; 260.00 1300.00 1 600.00 3000.00 120.00 600.00 ; 240.00 1200.00 ; 700.00 3500.00 ; 200.00 1000.00 ; 375.00 1875.00 110.00 550.00 235.00 1175.00 ; 650.00 3250.00 ; 190.00 950.00 ; 375.00 1875.00 5.00 500.00 ; 2.50 250.00 ; 7.50 750.00 ; 3.00 300.00 1.00 100.00 5.00 500.00 ; 2.50 250.00 7.50 750.00 ; 2.50 250.00 1.00 100.00 4.00 400.00 ; 2.25 225.00 ; 7.50 750.00 ; 2.00 200.00 ; 0.50 50.00 3.00 300.00 ; 2.20 220.00 7.50 750.00 1.50 150.00 ; 0.50 50.00 20.00 2000.00 ! 25.00 2500.00 ! 25.On 2500_nn ! R nn Rnn nn ! Rn nn Rnnn nn 9J Agenda Date Requested: March 28, 1988 Requested By: John Joerns / Department: X Report Resolution Ordinance Exhibits: Interlocal Agreement with Harris County Flood Control District for Watershed F101-00-00. Council approved a Draft Interlocal Agreement on February 22, 1988. Since that time, staff has received a proposal for engineering services to relocate affected City -owned utilities along with a cost estimate for related construction. This proposal significantly exceeded earlier estimates thereby reducing the sum available for use in the Interlocal Agreement for design and construction of the F101-00-00 watershead. Staff has discussed the matter with HCFCD who concurs in the reduction of the City funded amount for the Interlocal Agreement to $600,000. Any residual City funds would be turned over to HCFCD for use on the project. Action Required by Council: Approval of reduction in City supplied funds to $600,000. Availability of Funds: General $__ Capital Other Account Number: Fund Improvement Water/Wastewater General Revenue Sharing 011-700-709-500 Funds Available: X YES _ NO Approved'` or City Council Agenda Q t T, 3-zq --0 Robert T. Herrera DATE City Manager CITY OF LA PORTE INTER —OFFICE MEMORANDUM TO: John Joerns, Assistant City Manager FROM: Ross Cox, CIP Project Director DATE: March 14, 1988 SUBJECT: Stormwater Drainage Project HCFCD Interlocal Agreement Bob Speake and I spoke with Gary Green at HCFCD and advised him of the unexpected cost of engineering and construction for the utility adjustments in preparation for channel improvements. We advised that the funds which the City could commit to in the Agreement would be $600,000 and that any funds remaining in the amount being retained by the City would be turned over to HCFCD for use on the project. Mr. Green was agreeable to this and indicated HCFCD had already passed our draft Agreement through the County Attorney. On this basis, it is suggested that the City revise the Interlocal Agreement funded amount to $600,000, obtain the City Council's approval and forward the Agreement to HCFCD for acceptance. WRC/ks 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". 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 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 $600,000 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; 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. 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. 0 • VI. The District shall administer right-of-way acquisition, construction, construction bidding, and perform construction inspection, materials testing, and surveying for the Project. The District will be the owner of all property acquired pursuant to the Project, and maintenance of the drainage facilities resulting therefrom shall be the responsibility of the District. 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. MI. 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. - Watershead Study for Unit F101-00-00 - Watershead Design 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 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 $600,000. The District share shall be any and all expenditures over $600,000 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. 0 • 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 Secretary City Controller APPROVED AS TO FORM: Assistant County Attorney W A* CITY OF LaPORTE, TEXAS Mayor City Manager City of LaPorte, Texas APPROVED AS TO FORM; City Attorney Attorney City of LaPorte, Texas HARRIS COUNTY FLOOD CONTROL DIST. By County Judge, Harris County,Texas 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 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. • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 28, 1988 Requested By:Robert T. Herrera Department: Administration XX Report Exhibits: Resolution Memorandum Letter from Espey, Huston & Associates, Inc. SUMMARY & RECOMMENDATION Ordinance The La Porte Area Water Authority has requested that the City make available a suitable area to house the master control system for the proposed transmission and distribution system. The Authority will assume all costs in furnishing the area, and will pay its pro-rata share of utilities and maintenance. The Public Works Service Center has suitable facilities available. Action Required by Council: Authorize the City Manager to negotiate a contract with the La Porte Area Water Authority to provide office facilities at the Public Works Service Center to house the proposed master control system. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: N/A Funds Available: YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager CITY OF LA PORTE INTER -OFFICE MEMORANDUM TO: Mayor and City Council FROM: Robert T. Herrera, City Manager SUBJECT: LA PORTE AREA WATER AUTHORITY REQUEST FOR OFFICE SPACE DATE: March 23, 1988 The final design for the transmission and distribution system for the La Porte Area Water Authority is currently underway. The Authority's Engineer, Espey, Huston & Associates has requested the Authority to indicate a location to house the master control system to ensure timely completion of the project. The control system includes a small computer, two (2) printers, backup power supply, telephone, and other accessory equipment. Attached is a letter from Espey, Huston & Associates outlining the area needed, along with the equipment necessary to house the system. Basically, the system requires a small, secure room, climate controlled, with a separate telephone line and a dedicated electrical circuit. Facilities meeting these requirements are available at the Public Works Service Center. Any building modifications required, as well as telephone installation and service charges, will be paid directly by the Authority. Additionally, the Authority will. pay a pro-rata share of utilities and maintenance required. It is requested that the City Council authorize the City Manager to negotiate a contract with the La Porte Area Water Authority to provide office facilities at the La Porte Public Works Service Center to house the proposed master control system. If I can answer any questions, please advisq. BH/lw xc: La Porte Area Water Authority Board Members ESPEY, HUSTON & ASSOCIATES, INC. Engineering & Environmental Consultants March 17, 1988 Mr. Robert T. Herrera General Manager La Porte Area Water Authority P. O. Box 1115 LaPorte, Texas 77571 RE: Requirements for Central Control Room Dear Mr. Herrera: EH&A Job No. 10790-14 The Authority's needs for a room to house the master control system are not extensive and consist primarily of the following: a) Approximately 100 to 150 square feet of floor space. This room will be occupied by the computer, two printers, a backup power supply cabinet containing Gel -Cell type batteries, and other accessory equipment. b) Regular office environment type climate control with temperatures maintained in the 60OF to 80OF range. c) A regular business type telephone line not connected to the office rotary system. The Authority can pay separately for this. d) The equipment will require approximately a single 20 amp circuit off of the building's electrical system. The Authority can pay for any necessary modifications in its construction program. e) We would propose that the minimal amount of computer furniture required be supplied with the control system, and that any minor w-chitectural modifications such as a new office door lock be done by the Authority's Contractor. We will be happy to confer with you on possible room selections. Very truly yours, aQ.' 0 Dale Conger, P.E Project Manager Houston Division DC/sll cc: V41r. Steve Gillett Mr. Frank Dillard 888 West Belt Drive South, Suite 200 • Houston, Texas 77042 • (713) 781-8800 Agenda Date Requested: March 28. 1988 Requested By: Charles E. Smith Department: Police XX Report Resolution Exhibits: Memo from Louis Rigby, Purchasing Manager Memo from Charles Smith, Police Chief Ordinance It is my recommendation that we accept the offer made by Avis Rental Sales of $7995.00 per vehicle for three (3) Criminal Investigation Division cars. Total cost is $23,985.00. The budgeted amount for this purchase is $24,000.00. Another offer was made by National Rental Sales at $8400.00 per vehicle with a total cost of $25,200.00. There was no response from Hertz. These vehicles will replace the three police package sedans now being driven by Detective personnel and allow those cars to be absorbed by the Patrol Division. The objective of this purchase is to continue the assigned car program, by removing police package sedans assigned to the Detective Division. The goal of the program is to reduce maintenance costs and extend the life of police vehicles. Action Required by Council: Approve recommendation as requested Availability of Funds: X General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: 029 502 503 850 Funds Available: —X YES _ NO Approved for City Council Agenda �- 312S�s� Robert T. Herrera DATE City Manager 0 • LA PORTE POLICE DEPARTMENT TO: Mr. Bob Herrera, City Manager FROM: Charles E. Smith, Chief of Police SUBJECT: Criminal Investigation Vehicle Purchase DATE: March 23, 1988 Sir: In mid -year of 1984, the La Porte Police Department began studying maintenance histories on police sedans assigned to the Patrol Division. These cars had a very short life and were consuming a large volume of maintenance money. A trickle -down program was started, which consisted of assigning new cars to the Detective Division for twelve (12) months and then assigning them to Patrol. This allowed the car a slow break-in and an opportunity to spot small problems before they became big problems. During early 1985, the department began assigning units to the Patrol Sergeants. One person drove the car and was responsible for its care. When I came to La Porte in August 1985, this program was in place. I reviewed the maintenance records and observed a significant difference between the assigned units and the multi -operator shared cars. I requested permission to extend the use time of these older cars for further study. The age of these vehicles varied from one 1980 model Chevrolet; two 1981 model Chevrolets; two 1982 model Chevrolets. A 1986 yearly City audit showed how significant the differences really were. The auditors wanted to know how we cut $50,000.00 from the maintenance budget with a larger number of cars. The only answer was the assigned cars. One of those had a total of $635.00 in yearly maintenance during 1986. A shared car of 1984 vintage had a $3,180.00 maintenance bill. The car with the smallest maintenance bill had 116,000 miles on its odometer. Our objective here is to continue an assigned car program. Assignment of vehicles will be made to those officers who live within the city limits. The City of La Porte will realize a direct benefit of (1) maintenance cost reduction; (2) a life expectancy of approximately four (4) or five (5) years. An • Robert T. Herrera Criminal Investigation Vehicle Purchase March 23, 1988, Page 2 indirect benefit will be realized of (1) a crime prevention tool; (2) a productivity reward tool. The primary reason for purchasing used rental cars, was to reduce the budget impact of the assigned car program. We will be able to pick and choose from a selection of 1987 vehicles. These include Pontiac Grand Am, Oldsmobile Cutlass, and Chevrolet Citation with V6 or four (4) cylinder fuel injected engines. This transaction will complete the new vehicle purchases of this program. These vehicles will replace three police package sedans now being driven by Detective personnel and allow those cars to be absorbed by the Patrol Division. It is my recommendation that we accept the offer made by Avis Rental Sales of $7,995.00 per vehicle for three (3) Criminal Investigation Division cars. Total cost would be $23,985.00. Budgeted amount for this purchase is $24,000.00. Another offer was made by National Rental Sales at $8,400.00 per vehicle, with a total cost of $25,200.00. This amount is $1,200.00 over budget, for comparable vehicles. There was no response from Hertz. The purchase of these three standard sedans will replace the last three police package sedans assigned to the Detective Division and provide the vehicles necessary to continue the program. Charles E. Smith Chief of Police INTER -OFFICE MEMORANDUM CITY OF LA PORTE TO: Charles Smith, Chief of Police FROM: Louis Rigby, Purchasing Manage DATE: March 22, 1988 SUBJECT: Purchase of Rental Cars Sealed bids #0223 for used rental cars were to be opened February .1, 1988. Bid requests were mailed to four rental agencies but none were returned. On February 3, I spoke with the City Attorney about the situation and was advised that legal, competitive bidding requirements were met and that we could negotiate for the purchase of the vehicles. After speaking with representatives from the rental agencies that the bids were sent to, I found that they thought our specifications were "too rigid" for rental fleets. Examples of this were the 20,000 mile maximum and eight cylinder engine. There was a meeting in your office on February 5 with David Hartley of Hertz. He said there would be no problem finding the cars we need and would call back that afternoon. There was no return call from Mr. Hartley and during the following week I called his office three times and left messages that were not returned. The week of February 22, I spoke with Jerry Ryan of National Car Rental about the cars and after giving him the basics of the situation, I transferred the call to your office. On March 1, I spoke with Loretta Pheiffer with Avis and gave her the same information. On March 3, you and I, along with Lt. Powell and Sgt. Butchee, went to look at cars at both National and Avis. After seeing and driving the cars offered at both locations, it appears that Avis has the most to offer. Their cars were very clean with up-to-date maintenance records and are within the budgeted funds. The cars do not, however, meet the original specifications as written, but all agencies were offered the same opportunity to quote the same type vehicles. Please submit your recommendation along with an agenda request form by the prescribed time before the next scheduled Council meeting. If there is a need to delay bringing this item to Council, please notify me. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 28, 1988 Requested By: XX . Steve Gillett epartment: Report Resolution Public Works Ordinance Exhibits: 1, Letter from City of Baytown 2. City of Baytown Ordinance No. 4940 3. City of Baytown bid tabulation 4. Interlocal Agreement (3 copies) SUMMARY & RECOMMENDATION Request entering into an Interlocal Agreement between the Cities of Baytown, Seabrook and La Porte for the cooperative purchase of malathion. The City of La Porte will have an annual use of approxi- mately 702 gallons at a total cost of $12,186.72. Staff recommends entering into an Interlocal Agreement allowing the City of La Porte to participate in price savings associated with bulk purchases. Action Required by Council: Approve Interlocal Agreement between the Cities of Baytown, Seabrook and La Porte for the purchase of malathion. Availability of Funds: Xx__ General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: 001-700-701-207 Funds Available: XX YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager BAYTOWN POST OFFICE BOX 424 • TELEPHONE 422-2322 • AREA CODE 713 • BAYTOWN, TEXAS 77520 PURCHASING DEPARTMENT March 14, 1988 City of LaPorte PO Box 1115 LaPorte, TX 77571 Attention: Louis Rigby RE: Annual Malathion Contract Dear Sir: The City of Baytown received bids on February 24, 1988, for our cities' malathion needs for the upcoming year. The City of Baytown mailed bids to nine vendors and received four proposals. The low bidder meeting specifications is B & G Chemical, Inc. with a bid of $937.44 per 54 gallon drum ($17.36 per gallon). I have attached a copy of B & G Chemicals bid and our bid tabulation for your reference. The pricing offered is $54.00 less than last year's contract price. We have taken this to our City Council for their approval and they have initiated an interlocal agreement among our cities on March 10, 1988. Please find three originals of the interlocal agreement enclosed. The three originals should be signed and sent back to me as soon as possible. I will send the three originals to the City of Seabrook for their signatures. Upon receiving the agreements from the City of Seabrook I will return one to you for your records. If you have any questions on the contract or the interlocal agreement, please contact me. Sincerely, Debbie R. Terry Buyer DRT:mkg Enclosure ORDINANCE NO. 4940 AN ORDINANCE ACCEPTING THE BID OR B & G CHEMICAL FOR THE ANNUAL MALATHION CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWENTY-THREE THOUSAND FOUR HUNDRED THIRTY-SIX AND N0/100 ($23,436.00) DOLLARS. ***************************************************************** WHEREAS, the City Council of the City of Baytown did authorize the Purchasing Department for the City of Baytown to advertise for bids for the annual malathion contract to be received February 24, 1988; and WHEREAS, notice to bidders as to the time and place, when and where the contract would be let was published pursuant to the provisions of Section 74 of the Charter of the City of Baytown; and WHEREAS, all bids were opened and publicly read at City Hall at 2:00 p.m., Wednesday, February 24, 1988, as per published notice to bidders; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby accepts the bid of B & G Chemical for the annual malathion contract for the sum of TWENTY-THREE THOUSAND FOUR HUNDRED THIRTY-SIX AND N0/100 ($23,436.00) DOLLARS, and authorizes payment thereof. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the loth day of March, 1988. 6RSTT 0. HUTTO, Mayor ATTEST: EILEEN P. HALL, City Clerk do W= a_�2 . 4 � ACIO RAMIREZ, sis ant City Attorney C:1:39:4 0 • CITY OF BAYTOWN 810 TABULATION TITLE: ANNUAL NALATHION CONTRACT 810 NUMBER: 8801-32 DATE: 2-24-88 2:00 P.M. I I 1 I :VAN WATERS i ROGERS 1ADAPCO lOEGESCH AMERICA ,8 & G CHEMICAL ; :ITEM! QTY !UNIT :DESCRIPTION !UNIT PRICEIEXT. PRICE;UNIT PRICE;EXT. PRICE;UNIT PRICE;EXT. PRICE MIT PRICE;EXT. PRICE, 1 1. ! 25 lDRUMSl0,0-OIMETHYE ! 939.601 23,490.001-936.901 23,422.501 945.00: 23,625.001 937.441 23,436.00! ! I ! 1PHOSPHOROOITHIOATE ! ! 1 I ! ! ! ! ! 1 ! DELIVERY::2 DAYS ARO: 00 DAYS ARO :2 DAYS ARO: :10 DAYS ARO ' ! ! SPECIAL CONDITIONS:! 1 1.010 NOT MEET SPECS. ! ! ! ! ! ! ! I ! ! ! 010 NOT MEET ! ! ! ! ! DELIVERY ! ! ! ! ! 1 REQUIREMENTS. ! ! !BIDS SENT TO 9 VENDORS. 1 ! ! ! ! ! 1 ! , , THE STATE OF TEXAS • AGREEMENT COUNTY OF HARRIS THIS AGREEMENT made this 10 day of MARCH F 19 88 r between the CITY OF BAYTOWN, Texas, the CITY OF LA PORTE, Texas, and the CITY OF SEABROOK, Texas. W I T N E S S E T H: Pursuant to the authority granted by the Texas Interlocal Cooperation Act (Article 4413 (32c) V.A.T.S.) providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree to as follows: I The City of Baytown, hereinafter referred to as "City," shall be the true and lawful purchasing agent for the purchase of malathion. The quantity and type of malathion purchased shall be as specified in the City of Baytown's Bid No. 8801-26 . The terms of this bid shall govern the price, quantity, the date and location of delivery, and the billing instructions. II The City agrees that all specifications for said items shall be as determined by the City, the City of La Porte, and the City of Seabrook. III The Cities, by execution of this agreement, agree to directly pay the vendor after complete shipment of its order and receipt of a proper invoice. The payment shall be the full cash amount of each Cities' portion of the joint order. IV This agreement shall take effect upon execution by the signatories and shall serve as each Cities' commitment to purchase the malathion defined in Bid No. 8801-26 V This agreement shall be in effect form the.date of execution until FEB. 28, 1989 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. CITY OF BAYTOWN 6-MMETT 0. HUTTO, Mayor 0 to.- h J' , k ATTEST:. _ EILEEN P. RALL, City Clerk r ATTEST: CHERIE BLACK, City Clerk CITY OF LA PORTE By NORMAN L. MALONE, Mayor CITY OF SEABROOK By HELMUT A. KUEHNEL, Mayor ATTEST: EVELYN PURSWELL, City Secretary C:5:26:1 • LJ THE STATE OF TEXAS COUNTY OF HARRIS AGREEMENT THIS AGREEMENT made this 10 day of MARCH , 1988 , between the CITY OF BAYTOWN, Texas, the CITY OF LA PORTE, Texas, and the CITY OF SEABROOK, Texas. W I T N E S S E T H: Pursuant to the authority granted by the Texas Interlocal Cooperation Act (Article 4413 (32c) V.A.T.S.) providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree to as follows: I The City of Baytown, hereinafter referred to as "City," shall be the true and lawful purchasing agent for the purchase of malathion. The quantity and type of malathion purchased shall be as specified in the City of Baytown's Bid No. 8801-26 . The terms of this bid shall govern the price, quantity, the date and location of delivery, and the billing instructions. II The City agrees that all specifications for said items shall be as determined by the City, the City of La Porte, and the City of Seabrook. III The Cities, by execution of this agreement, agree to directly pay the vendor after complete shipment of its order and receipt of a proper invoice. The payment shall be the full cash amount of each Cities' portion of the joint order. IV This agreement shall take effect upon execution by the signatories and shall serve as each Cities' commitment to purchase the malathion defined in Bid No. 8801-26 V This agreement shall be in effect form the date of execution until FEB. 2$, 1989 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. CITY OF BAYTOWN F���ETT • • _ . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 2jaj 1 8 Requested By: Steve Gillett nt: Public Works XXX Report esolution Ordinance Exhibits: 1. Bid #0250 Recap 2. Recommendation from Steve Gillett SUMMARY & RECOMMENDATION Advertised, sealed bids #0250 for Hydraulic and Vacuum cleaning unit were opened and read on March 14, 1988. Requests for bids were sent to five (5) manufacturer representatives with four (4) returning bids. This item was re -bid at City Council's request. Bids were requested on units equipped with options of either 60 gpm or 80 gpm pumps. This was done to test the market. It was decided that 60 gpm pumps will be adequate for most daily operations. Industrial Disposal Supply was low bidder meeting specifications with 60 gpm pump option. Staff recommends award of bid to low bidder meeting specifications, Industrial Disposal Supply, in the amount of $99,200.00. Adequate funds are budgeted in the FY-1987-88 Operating Budget's Motor Pool Replacement Fund. Action Required by Council: Award bid to low bidder meeting specifications, Industrial Disposal Supply, in the amount of $99,200.00 for Hydraulic and Vacuum cleaning unit. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing XX Other Motor Pool Replacement Fund Account Number: 009-806-806-856 Funds Available: XX YES NO Approved for City Council Agenda 6-3 ,,t 1, op-�S. Z,(t �-q1b Robert T. Herrera DATE City Manager CITY OF LA PORTE INTER -OFFICE MEMORANDUM TO: Robert �r er ty Manager March 21, 1988 FROM: SteveV Public Works Director SUBJECT: Recommendation On Re -bid Of Hydraulic and Vacuum Cleaning Unit Advertised, sealed bids #0250 for a hydraulic cleaning and vacuum unit were opened and read on March 14, 1988. Request for bids were mailed to five manufacturer representatives with four returning bids. As requested by City Council, this was a rebid of a previously bid item. Bids were requested with two options, 60 gallon per minute or 80 gallon per minute water pumps. This was done to test the market on the larger capacity pumps. After consultation with all user departments, a decision was made to recommend the 60 gallon per minute water pump unit. This size pump will meet the requirements of most the daily situations encountered by all users. The additional cost of the 80 gallon per minute water pump equipped unit is not justified. The recap of the bids utilizing the 60 gallon per minute water pump is as follows: 1. Industrial Disposal Supply $ 99,200.00 2. Montgomery Municipal Supply (Alternate Bid) 101,150.00 3. Naylor Supply 103,319.00 4. Texas Underground (Alternate Bid) 103,700.00 5. Texas Underground 104,600.00 6. Montgomery Municipal Supply 104,865.00 7. Gulf State Crane and Equipment No Bid Staff recommends acceptance of the low bid meeting specifications and award of bid to Industrial Disposal Supply Company in the amount of $99,200.00. Sufficient funds were budgeted in the adopted FY 1987-88 Operating Budget Motor Pool Replacement Fund. xc: Buddy Jacobs, Assistant Public Works Director Louis Rigby, Purchasing Manager Orville Burgess, Street Superintendent Curtis Herrod, Utility Superintendent 0 • CITY OF LA PORTE INTER -OFFICE MEMORANDUM TO: Steve Gillett, Director of Public Works FROM: Louis Rigby, Purchasing Manage 4_1 DATE: March 15, 1988 SUBJECT: Sealed Bid #0250 - Hydraulic Cleaning and Vacuum Unit Advertised, sealed bids #0250 for a hydraulic cleaning and vacuum unit were opened and read on March 14, 1988. Bid requests were mailed to five manufacturer representatives with the following four returning bids: (1) Industrial Disposal Supply, (2) Montgomery Municipal Supply, (3) Naylor Supply, and (4) Texas Underground, Inc. Gulf State Crane and Equipment Supply returned a no bid. Low bid for the unit with a 60 GPM water pump was submitted by Industrial Disposal Supply for $99,200.00. Low bid for the unit with an 80 GPM water pump was submitted by Montgomery Municipal Supply for $101,150.00. (This was submitted as an alternate bid.) I will furnish you with the bids so that you may review the specifications for compliance. Please note that Naylor had one deduction and two additions as options, if we so choose, and Industrial Disposal Supply had one addition and one deduction also as options. Please submit your recommendation along with an agenda request form by the prescribed time before the next scheduled Council meeting. If there is a need to delay bringing this bid to Council, please notify me. Attachment: Bid Tabulation xc: Buddy Jacobs w/attachment Orville Burgess w/attachment Curtis Herrod w/attachment • Sealed Bid #0250 Hydraulic Cleaning and Vacuum Unit Gulf State Montgomery Industrial Naylor Crane and Municipal Texas Disposal Supply Equipment Supply Underground Supply Company I. Hydraulic Cleaning & Vacuum Unit with 60 GPM Water Pump A. Type Unit NO BID Aqua Tech Vac Con Vactor Camel B. Type Truck LS8000 Unk LN8000 Unk C. Total Cost 104,865.00 104,600.00 99,200.00 103,319.00 D. Delivery in Days 90-120 90-160 120-150 120-150 II. Hydraulic Cleaning & Vacuum Unit with 80 GPM Water Pump A. Type Unit NO BID Aqua Tech Vac Con Vactor NO BID B. Type Truck LS8000 Unk LN8000 C. Total Cost 104,865.00 1082002.00 103,200.00 D. Delivery in Days 90-120 90-160 120-150 Alternate Bid with 60 GPM Pump A. Type Unit Aqua Tech Vac Con B. Type Truck TH F1954 Unk C. Total Cost 101,150.00 103,700.00 D. Delivery in Days 120-150 90-160 klternate Bid with 80GPM Pump A. Type Unit Aqua Tech Vac Con B. Type Truck IH F1954 Unk C. Total Cost 1). Delivery in Days 101,150.00 120-150 107,102.00 90-160 March 25, 1988 Honorable Mayor and City Officials: For many years Entex and its predecessors have supplied your City with dependable natural gas service. We have made a conscientious effort to anticipate and meet our customers' needs under all operating conditions. Each year Entex has made an adjustment in its rates to reflect annual changes in the level of its operating expenses occasioned by increases in wages, depreciation, insurance, and other expenses incurred by the company in providing high quality service to our customers. As a result of Entex's efforts to minimize its opera- ting costs, the increase in the cost of service per customer in 1987 as compared with 1986 is minimal. In light of the generally poor economic conditions in our service area, Entex will make no adjustment to its rates in 1988 for this increase. By foregoing the cost of service adjustment in 1988, Entex will permanently exclude from its rates the small cost increase we experienced. in 1987. As an active and responsible participant in the communities in which we operate, we believe that this action is appropriate this year. We will report again in 1989 as to changes in the cost of service during 1988 as compared with 1987 and make such adjustment as may then be necessary. Entex is pleased to report that there will be no in- crease in rates in 1988. We will continue to operate our system in the most efficient and cost effective manner con- sistent with safe, high quality gas service to our customers. We will be pleased to answer any further questions you may have regarding our operations. We assure you that we will do everything possible to continue to merit your confidence in our Company. Sincerely, ENTEX LA PORTE,TEXAS • COUNCIL WORKSHOP Major Issues from the Planning & Zoning Commission's Six -Month Review of the Zoning Ordinance Text March 28, 1988 1) Non -Conforming Buildings, Structures s�e�s 5 Section 4-200 2) Landscaping Section 10-508 Landscaping Section 5-700 Residential Table B Section 5-701 Table B Footnotes Section 5-800A. (1,2) Special Use Performance Standards Section 6-500 Commercial Table B Section 6-501 Table B Footnotes Section 6-600A (1-3) Special Use Performance Standards Section 7-600 Industrial Table B Section 7-601 Table B Footnotes 3) 3/4 Rule Section 11-507(8) COUNCIL WORKSHOP Major Issues from the Planning & Zoning Ccmission's Six -Month Review of the Zoning Ordinance Text March 28, 1988 1) Non -Conforming Buildings, Structures & Uses Section 4-200 2) Landscaping Section 10-508 Landscaping Section 5-700 Residential Table B Section 5-701 Table B Footnotes Section 5-800A (1,2) Special Use Performance Standards Section 6-500 Commercial Table B Section 6-501 Table B Footnotes Section 6-600A (1-3) Special Use Performance Standards Section 7-600 Industrial Table B Section 7-601 Table B Footnotes 3) 3/4 Rule Section 11-507 (8) 0-- -% 0 r: h Air. Steve Gillett POPox 1115 La Porte, TX 77571 Dear Steve, San Jacinto College Central 8060 Spencer Highway, Pasadena, TX 77505-5999 (713)476.1501 March 21, 19P8 As you are aware, flight activity at Ira Porte Airport ha.s almost doubled over the last two months due to the Eastern Air Line Pilot Fntry Program. I project the flight activity will double again by this September. Decently I have been in contact with representatives of the local General Aviation District Office expressing my concerns over flight safety. Specifically, I was discussing the need for an FAA control tower. I think, however. for this to happen I will need more support. Therefore. I would like to see the city of La Porte form an advisory committee or an airport plamninr, committee. Some of their functions could. be finding ways to improve and. expand airport usage, establishing local flight *policies and communicating our needs to the FAA. Whatever is decided. I urge ,you to act as quickly as possible. The last thing anyone wants is to draw negative attention to our program through an accident. Please feel free to contact me at the collea_e at 476--1501. ext 502 or home at 471-8671 if I can be of service to you.. Sincerely, Larry Tucker, Chairman Aeronautical Technolopy "An Equal Opportunity Employer" • ORDINANCE NO. AN ORDINANCE ESTABLISHING AN AIRPORT ADVISORY BOARD FOR THE CITY OF LA PORTE MUNICIPAL AIRPORT; ESTABLISHING THE POWERS AND DUTIES OF THE BOARD; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby establishes an Airport Advisory Board for the City of La Porte Municipal Airport. The Airport Advisory Board shall consist of seven (7) persons, in the following seven (7) categories, each of whom shall serve for the initial terms designated, and thereafter for three (3) year terms, or until his successor shall have been appointed and duly qualified, to -wit: Position 1: shall be a Fixed Base Operator lessee at the City of La Porte Municipal Airport. Position 2: shall be a member of the Aeronautical Department at San Jacinto College. Position 3: shall be a licensed pilot active at the City of La c Porte Municipal Airport. Position 4: shall be a licensed pilot who is a resident of La Porte and active at the City of La Porte Municipal Airport. Position 5: shall be a resident of the City of La Porte. Position 6: shall be a resident of the City of La Porte. Position 7: shall be the City of La Porte Airport Manager. The members of the Board shall elect from among their number, a chairman and a secretary. The following persons are named to the City of La Porte Airport Advisory Board, and shall serve for the initial terms indicated or until their successors shall have been duly appointed and qualified: Position 1: Position 2: Position 3: Position 4: Position 5: Position 6: , term expiring May 31, 1991. , term expiring May 31, 1989. , term expiring May 31, 1989. , term expiring May 31, 1990. , term expiring May 31, 1990. , term expiring May 31, 1991. Position 7: City of La -Porte Airport Manager, permanent member. �7- ORDINANCE NO. , Page 2 In addition, the following designated representatives shall be appointed advisory members of the City of La Porte Airport Advisory Board: 1) A representative of the F.A.A. 2) A representative of the airline or commuter airline industry. Section 2. It is the intent and purpose of City Council that the Airport Advisory Board advise City Council from time to time, on matters relating to the most desirable and efficient operation of the City of La Porte Municipal Airport. To this end, it is the desire of City Council that the members of the Board establish communication liason with the City of La Porte Management Staff, on matters relating to the operation of the City of La Porte Municipal Airport. Further, it is the desire of City Council that the Airport Advisory Board review, from time to time, the City of La Porte Airport Master Plan, and recommend to City Council any updating or revisions to such Airport Master Plan. It is the desire of City Council that the Airport Advisory Board make recommendations to City Council on such matters as rules and regulations and traffic pattern for operations at the City of La Porte Municipal Airport, and for any needed improvements to the facilities at the Airport, including such matters as navigational aids; ordinances; zoning requests; height restrictions; community development; and the like, as well as any other improvements which the Board feels would enhance the utility of the City of La Porte Municipal Airport to its users, and to the community at large. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised ORDINANCE NO. , Page 3 Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED, this the 14th day of March, 1988. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: C�� W) 6�; Knox W. Askins, City Attorney s HAZELWOOD ENTERPRISES, INC. P.O. BOX ass BAYTOWN, TEXAS 77522 March 23, 1988 Steve Gillette City of La Porte P.O. Box 1115 La Porte, Texas 77571 Dear Steve, . Hazelwood Enterprises Inc. would like to enter into a contractual relationship with the City of La Porte. We propose to hold the price you are presently paying per cubic yard for garbage and sludge. This price freeze will begin April 1, 1980 and last until April 1, 1990. In consideration for this price freeze, Hazelwood Enterprises wishes to enter into a 5 (five) year contract with a 5 (five) year option for the disposal of the City of La Porte's garbage and sludge. Each year of the 5 (five) year contract, Hazelwood Enterprises and the City of La Porte will negotiate a price based on the Local Houston Area Consumer Price Index. We think this relationhip will be beneficial to both parties. If we can be of any futher assistance, please do no hesitate to call. Sincerely l� Tim Hazelwood Hazelwood Enterprises, Inc. CITY OF LA PORTE INTER -OFFICE MEMORANDUM TO: Rober rrera, City Manager FROM: Ste it tt, Public Works Director DATE: March 22, 1988 SUBJECT: LANDFILL DISPOSAL CONTRACT The City of La Porte currently has a contract with Hazelwood Enterprises, Inc. of Baytown to dispose of municipal solid waste. The contract term is from October 1, 1986 to October 1, 1989, with the following payment schedule: October 1, 1986 to March 31, 1987 April 1, 1987 to March 31, 1988 April 1, 1988 to March 31, 1989 April 1, 1989 to October 1, 1989 $3.25 per cubic yard garbage $5.50 per cubic yard sludge $3.50 per cubic yard garbage $6.00 per cubic yard sludge $3.75 per cubic yard garbage $6.50 per cubic yard sludge $4.00 per cubic yard garbage $7.00 per cubic yard sludge As shown in the above schedule, the cost per cubic yard escalates every April 1 by $0.25 for garbage and $0.50 for dewatered sewer sludge. The next scheduled increase begins next month. The City was contacted by Hazelwood Enterprises, Inc. to discuss the contract. At a meeting on March 22, 1988, Hazelwood proposed the following: 1. Freeze current price per cubic yard. Garbage is $3.50 and dewatered sewer sludge is $6.00. 2. Extend current contract from October 1, 1989 to April 1, 1990. Price freeze would be in effect through this period. 3. At the end of current contract, negotiate five (5) year contract, with five (5) year option, with increases tied to the Consumer Price Index. 4. Base price for five (5) year contract would be current price plus the Consumer Price Index from April 88 to March 31, 1990. 0 • Landfill Disposal Contract March 22, 1988 Page two At first glance, this appears to be an excellent opportunity for the City to save a substantial amount of money. Additionally, Hazlewood Enterprises, Inc. indicated that they are initiating similar talks with other contracted entities, notably Baytown and Deer Park. Attachment "A" illustrates the potential short-term cost savings of this proposal. Several factors, however, need to be examined, and specific contract language should be retained or modified to adequately protect the City"s ability to provide the most cost effective solid waste disposal solution. There appears to be several reasons for Hazelwood Enterprises, Inc. to offer to forego future price increases on a firm contract. The contracts with La Porte, Baytown, and Deer Park were negotiated prior to the current economic downturn, and in the absence of any viable competition. Severe budget cutbacks, new technology in the form of recourse recovery and similar developments, and the proposed La Porte Landfill have raised the threat that a continual spiral of increasing landfill fees could make other disposal options more economically attractive. Loss of revenue from a city that chooses another alternative would be greater than increased revenues from price increases. The current contract does not require the City of La Porte to dispose of its solid waste with Hazelwood Enterprises, Inc. In order for the City to continue to explore disposal alternatives, such as the La Porte Landfill or a joint use of the Deer Park Transfer Station, any changes in the current or future contracts should specifically exclude any requirements that the City dispose of its solid waste at Hazelwood Enterprises, Inc. exclusively. Additionally, although the current contract provides for the assignment of the contract to a private contractor providing collection within the City, the amended and future contracts should provide for the assignment of the contract to an entity providing transfer of the City"s solid waste, such as the Deer Park Transfer Station. As shown on Attachment "A", the potential savings for the remainder of the budget year amounts to some $6,655.75. The potential savings for the life of the contract amounts to some t39,801.00. With the potential savings, and favorable terms that do not tie the City to a single disposal option, it is recommended that the City develop an amendment to the current contract with Hazelwood Enterprises, Inc. as soon as possible. Because the billing for the month of April is generated in May, and the cost is to increase beginning April 1, 1988, the contract can be negotiated and approved prior to the scheduled price increase. If I can answer any questions, please advise. SG/ gs xe: Bill Fitzsimmons, Solid Waste Superintendent 0 DATE APRIL 88 TO SEPT. 88 OCT. 88 TO MARCH 89 APRIL 89 TO SEPT. 89 OCT. 89 TO MARCH 90 DATE APRIL 88 TO SEPT. 88 OCT. 88 TO MARCH 89 APRIL 89 TO SEPT. 89 OCT. 89 TO MARCH 90 CUBIC YARDS 24,055 (GARBAGE) 1,284 (SLUDGE) TOTAL 24,061 (GARBAGE) 858 (SLUDGE) TOTAL 24,536 (GARBAGE) 1,2.97 (SLUDGE) TOTAL 24,538 (GARBAGE) 867 (SLUDGE) TOTAL GRAND TOTAL ATTACHMENT A CURRENT COST $ 90,206.25 8,346.00 $ 98,552.25 $ 90,228.75 5,577.00 $ 95,805.75 $ 98,144.00 9,079.00 $107,223.00 98,152.00 6,069.00 $1049221.00 $405,802.00 PROPOSED $ 84,192.50 7,704.00 $ 91,896.50 $ 84,213.50 5,148.00 $ 89,361.50 $ 85,876.00 7,782.00 $ 93,658.00 $ 85,883.00 5,202.00 $ 91,085.00 $366,001.00 SAVINGS $ 6,655.75 $ 6,444.25 $13,565.00 $13,136.00 $39,8o1.00 CURRENT CONTRACT PROPOSED CONTRACT GARBAGE $3.75/CU. YD. $3.50/CU. YD. SLUDGE $6.50/CU. YD. $6.00/CU. YD. GARBAGE $3.75/CU. YD. SAME SLUDGE $6.50/CU. YD. SAME GARBAGE $4.00/CU. YD. SAME ,SLUDGE $7.00/CU. YD. SAME GARBAGE $4.00/CU. YD. SAME SLUDGE $7.00/CU. YD. SAME