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HomeMy WebLinkAbout1988-06-13 Public Hearing and Regular Meeting• • MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING LA PORTE CITY COUNCIL JUNE 13, 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, Mike Cooper, Ed Matuszak, Alton Porter, Mike Shipp, Deotis Gay, B. Don Skelton Member of City Council Absent: Councilperson Jerry Clarke MPmhers ~f ('ity Sta ~' Present: City Manager Bob Herrera, City Secretary Cherie Black, Assistant City Manager John Joerns, Assistant to the City Manager Janie Bais, Director of Public Works Steve Gillett, Police Chief Charles Smith, Director of Parks and Recreation Stan Sherwood, Director of Community Development Joel Albrecht, Finance Director Jeff Litchfield, CIP Manager Ross Cox, Golf Professional Alex Osmond Others Present: Frank Carter; Linda Westergren; representatives of the Girl Scouts; John Stewart; Ron Flood; VFW representatives; Maury Stiver; Representative Ed Watson; John Black, Bayshore Sun; 15 citizens 2. In the absence of the City Attorney, the invocation was given by Councilperson Gay. 3. A. Representatives of the Girl Scouts presented a plaque in appreciation of the City allowing use of the Evelyn Kennedy Civic Center for Scout activities. B. Mr. John Stewart. representing the Lone Star Music Festival, presented City Manager Bob Herrera and former Councilperson Linda Westergren with plaques in appreciation of their support of the Festival. 4. The Mayor proclaimed Frank Carter Day as June 13, and the week of June 19-22 as Juneteenth Week. 5. The public hearing regarding the request of the Veterans of Foreign Wars, Post ~~8251, for a special conditional use permit for 1039 San Jacinto was called to order. The Mayor called for public input, and Commander-elect Ron Flood addressed Council in favor of the permit. • • Minutes, Public Hearing and Regular Meeting La Porte City Council June 13, 1988, Page 2 There was no further input; the Mayor declared the public hearing closed. 6. Council considered approving the minutes of the regular meeting of Council held May 23, 1988• Motion was made b ~ Councilperson Skelton to approve the May 2~ minutes as presented. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes.: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton and Mayor Malone Nays: None 7. Council considered approving the minutes of the special meeting held June 6, 1988. Motion was made ley Councilperson Shipp to approve the minutes of June 6 as presented. Second by Councilperson Cooper. The motion carried, 7 ayes, 0 nays, 1 abstain. Ayes: Councilpersons Cooper, Matuszak, Porter, Shipp, Gay, Skelton and Mayor Malone Nays: None Abstain: Councilperson Waters 8. Council considered granting a special conditional use permit for Veterans of Foreign Wars, Post ~~8251, for 1039 San Jacinto. Motion was made b~ Councilperson Gay to grant the special cond~t~ona~ use permit for terans of Foreign Wars. Second by Councilperson Matuszak. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton and Mayor Malone Nays: None At this time, Council adjourned into executive session at 6:14 P.M. to discuss, under V.A.T.S. Article 6252-17, Section 2(E), to discuss with the City Manager employment of an environmental attorney. Council returned to the table at 7:26 P.M. • Minutes, Public Hearing La Porte City Council June 13, 1988, Page 3 and Regular Meeting • g. Council considered awarding a contract for construction of Northwest Park. Motion wa made by~oupcilgPrSon Water to award the construction of Northwest Park to AIA Engineers and Contractors, nc in the amount of $406,560, subject to negotiation. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton and Mayor Malone Nays: None 10. Council considered approving an agreement with the State Department of Highways and Public Transportation for Construction of Broadway Street improvements. Motion was made by.Councilperson Skelton to approve the agreement with the Department of Highways and Public Transportation for constructio of Broadway Street improvements. Second by Councilperson Porter. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton and Mayor Malone Nays: None 11. Council considered a request for additional funds for expansion of Jennie Riley Community Center. Motion was made by Councilperson G~,y ~ remove this ite from the ag_Pn~a and o address it as a Work hen item at the next .~e~ular meeting. Second by Councilperson Porter. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton and Mayor Malone Nays: None 12. Council considered approving a proposal from La Porte ISD for use of Bay Forest golf course by the Varsity golf team. i Minutes, Public Hearing La Porte City Council June 13, 1988, Page ~ and Regular Meeting Motion was made by Councilp.~rson ay to approve the proposal from La Porte ISD -for use of the gQl~ cQU.r ~~by the Varsity golf team. Second by Councilperson Porter. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton and Mayor Malone Nays: None 13. Council considered a professional services agreement with Sears and Burns to represent the City in a condemnation suit. Motion was made by CQt~nciln~rson Porter to approve the profess~ona~ services agreement with ears a~d__ rns. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton and Mayor Malone Nays: None 14. Council considered a professional services agreement with Lloyd, Gosselink, Ryan and Fowler to represent the City in opposing Houston Chemical Service, Inc.'s, permit application. Motion was made b~ Councilperson Shinn to aQRrove a professional services agreement with Lloyd, Gossel~k ~~?yan end Fowler to epresen~ the Citv in 2~nosing Houston Chem'c 1 Service_~ I~cL's Hermit application. Second by Councilperson Cooper. The motion carried, 7 ayes and 1 nay. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Skelton and Mayor Malone Nays: Councilperson Gay 15. Council considered awarding a bid for bank sand. Motion was made bx Council~Prson Waters to ward the bid for h~nL, sand to Walk r Sand_ in ~ e amount of 5. 1 _p r_-~ar~. Second by Councilperson Shipp. The motion carried, 8 ayes and 0 nays. i Minutes, Public Hearing La Porte City Council June 13, 1988, Page 5 • and Regular Meeting Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton and Mayor Malone Nays: None 16. Workshop Item: Review Long Range Planning report Assistant to the City Manager Janie Bais reviewed the plan for promotion and publicity for the public meeting to be held in July. Invitations, advertising, cost, etc., were discussed. Timeline for the first public meeting was also discussed. It was decided that a workshop meeting on June 29 would be held to finalize plans for the public meeting and set a definite date for that meeting. Invitations will be sent to citizens who voted in the last three City elections. City staff was authorized to spend up to $3000 from the Hotel/Motel tax fund for invitations and mailings, etc. 17. There were no administrative reports 18. Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton and Mayor Malone brought items to Council's attention. Staff was directed to look into several items and give a report back to Council. 19. Executive Session Council adjourned into executive session at 8:34 P.M. on V.A.T.S. Article 6252-17, Section 2(R), to receive a report from the City Manager on a potential indoor recreational facility for the City. Council returned to the table at 9:28 P.M. The City Manager was instructed to proceed with development of a plan for the indoor .recreational facility. 20. There being no further business to come before the Council, the meeting was duly adjourned at 9:29 P.M. Respectfully submitted: (~~~~~-t-~- ,~Q~ Cherie Black, City Secretary Minutes, Public Hearing La Porte City Council June 13, 198$, Page 6 and Regular Meeting Passed & Approved this the 27th day of June, 1988 ~~ °` Norman Malone, Mayor • 0 ice of the ~~y®~ ~M~~~ `~i pf L A Po~i~ ~+- >~. ~, titi 9; •• ~, y~f ~OUNSV't Pranf2 Calmer ~ retv~ing a~~er 2 r years' ~ erv~.ce a~ D.rtcectar crt Happy Hacbar Methad.v~~ Hame; and .. WHPRPAS, dwr,%ng h.vs tenure, many ,c.mpravemen~s, .cnc,2ud.%w.g seven expavvs~.an pragra.rn~s, have been a~.#.a,%ned; and WHPRPAS, Mr. Carter hays a2~sa been ~,nva.2ved tin C~iv~.c and Church acti.v.c.#,%e~s ~hraughau~ htis career, hav~.ng ~sPJcved ~,n vatciaus a~~-i.ct,a~ capac.rt.%e~s ~,n the Chamber a~ Comme~r.ce; L.i.aws C.2ub; .~aca2, I).us~1c,i.c~ and Canberence .~eve.P~s ~.n the Methad~~ Chwr.ch; and ~ur/s~ee an the Texans Can~ehence Saard a~ Hame~S far ~.2der Peap.2e; and WHPRPAS, the C.cty a ~ La Patc to w.v~ hers ~a cangra tu~crte Mr. Catrter upan the acca~~.an a~ hu, refinement. NOW, 7HPRPPORP, 1, NORMAN MALUNP, MAyDR a~ the C.cty a~ La Pante, da hereby prac.2a,%m June 13, 198, ass PRANK CARTER DAy ~.n the C,cty, and extend aun best urvhe~s to Mr. Carter, and add aun Nape that h,us retvicemevrt yeahs w.c,P~ be a~ ~u.~~.i,P,~,Lng and newancLing cvs h.i~s years a ~ ~ envtice to h.vs cammun.%ty. IN WITNESS WH~R~OP, I have heneu-tita ae~ my hand. and cawsed the Seat a ~ the C,cty to be a~ {~~.xed hereto, th.v~ the 13th day a 5 June, 19 ~ & . CITY UP LA PCRTP Nauman L. are, agar • 0 ice o the M~y®R f ,~«M., ss~~+ pF L A Po~i~ v f~~: i CITY OF ~_~ :~ LA. PO1~,TE >~ • ~ 5ti 9j'• ~, ~''~f ~0 •NT'~ ~~- U On June 1, 1 X63, Pre~s.cdev~t Abraham Li,nca.2n dec,2afced ~s.2ave~s ~a be free; and LUfi~R~AS, qn June 18, 18G3, Texa~S ~s.eave~s were ca2,Led ~a ~he.vc ~.P.a.vLta- ~.iavus and gtiven ~he.i~c breedam; and GlH~R~AS, B.ea.efz cammun.ct,%e~s ~Gvcoughacit Texas ~~cad.ct,%ana.P.2.y ce,2.ebtcute June l9 ass "~manci.pa~.%an day", ar "June~een~h.", and ~s~.nce 190 .c~ has been an a b ~tie.%a,2 S~a~e ha.Q,%da y; and GIH~R~AS, dc,vcing the weefz a~ lure 16 ~Gvcaugh 19, S.2a.cFz c,%t,%ze~vs ab La Pahte have ~schedu~ed many act%v.ct,%e~s ~a ce.2ebtcc~te Juneteev~th; and G1H~R~AS, the C,cty a~ La Pante .c~ gaud aU the ~s~.gn.%b~,cav~t canthibu- ~,%aws made by .c.#~s B.~acFz cct%zev~s; and (~H~RFAS, .ct -cis our wish ~a recagn~,ze ~h.e great ~s~,%de~ S~.acfz ~eap~.e have made ~Gvcaugh the yeajus, ~same~,ime~s ~,~'irugg.P.%ng aga-iws~ avehwhe.~ming adds, ~a ga.%n. the ec~ua.2%ty they deserve and wce en~,%t2ed ~a. NDUI, 7H~R~~OR~, I, NDRMAN h4ALDN~, MAYDR a ~ the C.cty a ~ La Pante, da hetceb y ~raceaim the weefz a~ June 19 ~Gvcaugh 22, 19 &&, ass JUN~T~bNTH GJb~K tin the C.cty a~ La Patrte, and urge a.22 cit,%zews ~a ~ajctiet.~a~e .in the many ac~.t.v.c.#,i.e~s ~schedu.~ed ~a ce.2ebra~e Juneteev~th. IN UIITN~SS w+1~R~D~, I have heh.euwta ~ e~ my hand and caws ed the Sea.P. a~ the C,cty. ~a be a~~~.xed heJce~a, ~Gws the 13~h day ab June, 198. CITY D~ LA PDRT~ Narman L, are, ayar • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 13~ 1988 Requested By: Ervin J. Griffith/ Department: Comm. Development Building Official X Report Resolution X Ordinance Exhibits: 1) Staff background report 2) Letter of recommendation from Planning & Zoning Commission 3) Transparencies ~4) Special Conditional Use Permit SUMMARY & RECOMMENDATION Background: The Veterans of Foreign Wars, Post ~~8251 has applied for a Special Conditional Use Permit for 1039 San Jacinto. Their intention is to locate the new V.F.W. post home in the existing buildings on this site. The zoning of this tract is R-3, High Density Residential. The zoning ordinance permits this type of use (fraternal organizations, SIC X8641) in R-3 zones, subject to the granting of a Special Conditional Use Permit. The Planning and Zoning Commission considered this request during their May 19, 1988 Public Hearing and regular meeting. The Commission has recommended granting this Conditional Use Permit subject to the conditions listed on the attached Special Conditional Use Permit. Summary: The purpose of this meeting is to hold a public hearing regarding this request and at the close of the hearing, to consider whether or not to grant this request. Recommendation: Grant this request subject to the conditions listed on the attached Special Conditional Use Permit. Action Required by Council: 1) Hold public hearing regarding Special Conditional Use Permit 2) Consider granting Special Conditional Use Permit Availability of Funds: N/A General Fund Capital Improvement Other Account Number: Water/Wastewater General Revenue Sharing Funds Available: YES NO ARproved f-~o-r City Council A~eenda Robert T. Herrera DATE City Manager • • dyne of Request: Special Conditional Use Permit for location of a Fraternal Organization (S.I.C. 48641) within a R-3, High Density Residential Zone Requested For Requested By: Property Zoning: Background• 1039 San Jacinto Lots 16-19; Block 305; La Porte Tract Ronald S. Flood on behalf of the Veterans of Foreign Wars (V.F.W.) Post 448251 R-3 High Density Residential (Exhibit A) The Veterans of Foreign Wars (V.F.W.) is classed by the City's Zoning Ordinance (1501 ) as a Civic, Social or Fraternal Organization with an S.I.C. use number of 8641. The Zoning Ordinance allows organizations of this type to locate within R-3 zones, subject to the granting of a Special Conditional Use Permit. The V.F.W, is proposing to locate their new post home in an existing commercial building located at 1039 San Jacinto Street. This building which is situated at the corner of San Jacinto and Park Streets (see Exhibit B), has in the past been used as a restaurant and club. As such, the building appears to be suited to an assembly use. Analysis• As noted above, the basic zoning prerequisites for granting a Special Conditional Use Permit of this type have been met. Other factors applying to the consideration of this request are as follows: A) Parking: Based on building square footage, this facility will require twenty (20) parking spaces. Exhibit B indicates eighteen (18) spaces to be located on the site. The demolition of the garage apartment will provide adequate area for additional required parking spaces. Of the eighteen shown, twelve (12) are layed out to meet current ordinance standards. The remaining six (6) spaces are layed out in existing parking areas that, while located on site, do not have on site maneuvering room. Backing out of these spaces does not involve backing in to street traffic lanes. All parking areas must be surfaced to control dust and all parking spaces must be striped in accordance with Section 10-605 of the Zoning Ordinance. Further, parking areas must be screened from abutting residentially zoned property in accordance with this same section. Screening requirements will apply to the portion of the site abutting the alley and lot 20 (Exhibit B). ~~~r • • Special Condition Use Permit V.F.W. Post ~~8241 Page 2 B) Buildings: The buildings on this site are quite old and some of them are somewhat dilapidated. One of these, a garage apartment is partially demolished. -- All buildings to remain on this site should be brought up to current building codes standards. This will include structural repair as well as any necessary of repair of the plumbing and electrical systems. Further, demolition of the garage apartment and any other structure to be removed should be completed in a timely manner. All repair and demolition must be subject to normal City permitting and inspection procedures. Finally, all work noted above must be completed and approved by the City prior to issuance of a Certificate of Occupancy and occupation of the facility. C) Landscaping: Section 10-508 of the Zoning Ordinance requires 6~ of the open site area to be devoted to landscaping. Based on an open site area of 12,125 square feet, a total of 728 square feet of landscape area will be required. Section 10-600.10 allows required screening to be applied towards required landscaping. Conclusion: Subject to the following conditions: This request meets all prerequisite requirements necessary for granting a Special Conditional Use Permit. 1) Parking - a minimum of twenty (20) on site parking spaces must be provided with all parking and driveway areas surfaced to control dust and meeting the requirements of Section 10-605 including screening. 2) All buildings to remain on site must be brought up to current code standards. Buildings to be removed must be completely demolished prior to occupancy of the facility. 3) A minimum of 728 square feet of landscaped area must be developed. Recommend approval of this Special Conditional Use Permit subject to the above listed conditions. -••-! J W GA~vESTOn it r n ~ :/!i s 1~~, ai ;6; t ..A " ~~ / ` ~ ~ -, / ~ -,;~,.,, 4~ .fGS I, Nf ~ ~~ 94B' oh, • *,~. ;- o / ~ q"~ ,~ 1 . ' ~ im t m~ a..n ;~.. ~ ~ .. ~ % o« X . / / // ~ I~ / i ~ r• story p ~ ~~ (uaoC Fr t } u / / rBA~ eJ Oc .I~f $ ~v // . , / , // ,nr:._ / ~ .. ~x~i.br'f "B.'' ~. ~ f'AI~K AVM ~~ - -- ~,/ir i / i~ ~ G v na~a~~el ~D s' ,z;.:n~ ~ '~ I y i- // , i ~~ ' /i ~~~• ~ '/;' : /fe.3rerv~r u/ooJ irema_ ~ i 3 /• // ~ M ! 'Y.49 / /. ~ ~ _ I11 T \ ~ ~/ µ. c ., .,, 'O9~ /,p .kr ,,. / ~ l Ib °s,.Ndly / asc9Bt / 1 / °'. I~ / / G ~ bra ~t/~ ..r. ~ ~ ~~ ~ ~ ~ .~~ i3. R.G.A~~-_ •\ ~~rea ~'a be Scr<ened i CITY OF LA FORTE PHONE 1713) 471.5020 • P. O. BOX 1115 • LA PORT E, TEXAS 77571 -~ ..: N May 27, 1988 Mayor Norman Malone and City Council Re: Veterans of Foreign Wars Special Conditional Use Permit Dear Mayor Malone, The Planning and Zoning Commission, during our May 19, 1988 public hearing and regular meeting, considered the Veterans of Foreign Wars (V.F.W.) request for a Special Conditional Use Permit. The purpose of this request is to allow the V.F.W. to locate their new post home at 1039 San Jacinto. Fifteen (15) notices of Public Hearing were mailed to owners of property located within two hundred (200) feet of the V.F.W. site. Although no neighboring property owners attended the meeting, four (~) owners responded in writing to the public notice. All four (4) respondents favored granting this request. After considering information given by the V.F.W., City staff, and the responding property owners; the Commission voted to recommend granting the V.F.W.'s request, subject to the conditions listed in staff's background report and the additional condition that all required construction and demolition be started within one (1) year of the Conditional Permit issuance date and completed within two (2) years of the same date. All recommended conditions are noted on the attached Special Conditional Use Permit form. - pe tfully fitted, Doug L timer Chair an, Planning and Zoning Commission DL/ke Attachments -~.,~ • CITY OF LA PORTE • SPECIAL CONDITIONAL USE PERMIT Ordinance 41501 r Permit No. 88-009 CLP Job No. N/A This permit issued to: Veterans of Forei.,.g,n Wars Post4~8251(Ronald Flood) Owner or Agent 1~ 0 South Idaho Address For Development of: Veterans of Foreign Wars Post Home 48251 Development Name 109 San Jacinto Address Block X05} Lots 16-19; La Porte Tract Legal Description Zoning: R-~ 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) A minimum of twenty (20) on site parking spaces shall be provided. Parking and driveway areas shall be designed in accordance with the requirements of Section 10-605 of City Zoning Ordinance 441501 . 2) Buildings to be demolished shall be completely removed and remaining buildings brought up to current code standards prior to occupancy of the facility. 3) A minimum seven hundred twenty-eight (728) square feet of landscape area shall be developed. .~"-_,J ~. i • SPECIAL CONDITIONAL USE PERMIT 4) All work necessary to satisfy the above listed conditions shall be started within one year of the issuance date of this permit and completed within two years of the issuance date. Validation Date: June 1~~ 1988 Zoning Administrator AMEND-9/'87 City Secretary w~ • . REQUEST FOR CITY COUNCIL AG NDA ITEM Agenda Date Requested; June 1~, 1988 Requested By: W. Ross Cox ~- Department: CIP X Report Resolution Exhibits: 1) Financial. Analysis 2) Bid Tabulaf.ion Ordinance On May 23, 1988, bids were received for construction of Northwest Park. Staff has reviewed the details with the low bidder and the engineer resulting in the following: Base Bid $405,000 Add Alternate 3, Concrete Paving 7,200 Add Alternate 5, Pool Playmound x,600 Total Bid $415,800 Delete Benches & Bicycle Rack $ 600 (Note 1) Delete Imported Fill (Bid Error) 2,700 Delete Headwall at Storm Sewer 540 Delete Landscaping 3,600 (Note 1) Delete Seeding & Fertilizing 3,600 (Note 1) Substitute Calcium Sulfate for Limestone 2,700 Total Bid Adjustments $ 13,740 TOTAL CONSTRUCTION CONTRACT $402,060 A financial analysis is given on the fallowing page for the entire project. Note 1 • These items wi1.7, be handled by the Parks and Recreation Department. Action Required by Council: Staff recommends Council award the construction of Northwest Park to AIA Engineers and Contractors Inc. in the Amount of $402,060, subject to negotiation. Availability of Funds: General Fund ~._ Capital Improvement - Other Water/Wastewater General Revenue Sharing Account Number: 011-800-802-500 Funds Available: X YF.S _ NO Annroved for City Council Agenda p Q~~ 1 l~e~~r-- co C $ 1. Robert T. Herrera DATE City Manager • • ~- q NORTHWEST PARK FINANCIAL ANALYSIS Funds Appropriated $873,325 Funds Committed to Date 443,224 Funds Available $430,101 Transfer from Little Cedar Bayou Park 26.675 (Note 2) Total Revenue $456,776 Construction Contract $402,060 Construction Testing 2,500 Bond Administration 190 Newspaper Ads 250 Balance of Engineering Costs 7,577 City Improvements Playground Equipment 6,500 Bicycle Rack 100 BBQ Grills (5) 250 Picnic Tables (5) 400 Seeding 1000 Fertilizer 500 Bark Mulch Path 2000 Landscaping 4.QOQ 15,250 Contingency 28.909 Total Expenses $456,776 Note 2. These funds were transferred to Little Cedar Bayou Park earlier this year when it was believed the City would not receive all the matching grant funds on that project. Since that time, additional receipt of the grant funds has been formally agreed to by Texas Parks & Wildlife Department. This action transfers the same funds back to the Northwest Park account to provide the needed contingency. • • r.~ n r Yit; TaL"'iatiGil i~eY 2J, '~~'-1 Did oFci, ii,~ ' Yld~a?( E:i'siatc i~i{i Ga-:?n LC(~ ~iC~.?}' Yale Yid 29,CCC,CC qt}°,,l})l},CC 442,:+t)C,t~ct 45C,iC:},C;? r ~ ~ G 7 °C,} C~~ ~ f,r,r, CC 4 'or, ~~~) alt 2 - 2 Gcu(si 8~srface Treat 9,9CC.CC ?,`CC.CC ;,i;Cl},t}!} t „rr t 7 ryniJ !17 35 t'tln ()') 2C llC!}.~~ Ait 4A - n'alki~C Path 1,5fji;,CtJ B,t}:;t},CtJ 4,CCC.CC 6,E,44,Ct} R't 48 - +^~~ r' vc } ~ti1 r10 ! iJ ^l,' nn c8n pQ Rlt 4G - 15' Gulre(t 594.1}J 6'•?'}.f)t) >2C,t)C ~4C,Ct} ult 4 T otal 2,894.[!) 9,44C.CC 4,58ti.CC 7,95C.CC AIt s - Play,~~'nd 1C,t'CC.CC •~,SCC.CC 5,5,~)C.C:1 ih,5CC,CC Alt 5 - Sand ~ Sp(ig Fld #1 C,2t}t},t}r~ 11,7CC.CC 5,SCC.CC 5,5CC.CC ^ f ~rl_ - 7 5 ~1 c~rlt+~° ar:;. 5 ,:~,i , ~ ,. sannn,} .~,~~:,:.•:~. {117._ ft ~ ,UV,.U. 5~~r ,~~G),CJ c;v),~1 ,,,.,t-~ .0 , A,t ~SA ,, ar ,; l r,d ~1 ' CC_. Oa 5 1 SCC.CC , r o,~,~ i~C alv•.s.i I '(~C.uC l.i. a' 4t}C.t)C , ,k Rat c ~Y ~`., r_!. F,d u, - 5e_ ~( u~als ~ n~ t s(`tl ,•u'' 1,vtJ..41 r a~n,7 ~}8 .,,.:..~ 1 zi;l'S Cli ,.•... 7 412:},!'t) .~,. Alt 8 T aal 3,C+)C.CC ?,SCC.tC 2,5iK:.Ci) 5,8'};j,CC ~~li n s 9 _ c,.¢.+ 8t'v ~c_u R_( r~(?a5 i;n,~ ~(} ~l.s~:.~ 12 Lnf},i'f1 ,DSO 8 ~f!~.CC S ° (itir).r)J flit 1Cfi - S??d Bocce( Fld #1 il$CC.CC 3,5t}C,l}c) 9CC.CC 1,`t)i).iit1 alt LI)L _ a?~d BcCC?( Fld ~2 t)J.CC i,8 ,5t)C.C C 3 C.CC 9 C C 1,5CC,it p F`:~L ~`) 7 I~ta~ t } ~, 7lJU.Qsl / y 7 !,2')U.Ci! ~ p( ~ i, 0i!'). U'~! / ~ J, UI)U.UJ Totals 3'z,794.CC 454,84[.[[ 47`,48[,[[ 5C`,35C.CC ~~ T0: Mayor & Council FROM: Robert T. Herrera, City Manager Q,l ~ DATE: June 13, 1988 SUBJECT: Northwest Park Scope NORTHWEST PARK SCOPE • This park is located in the Lomax area of the city and includes the following components in the base bid by AIA Engineers and Contractors, Inc. Pool Area Pool Pool Building Fencing Volley Ball Court Play Area Multi-use Court Area Tennis Court 2 Basketball Courts Volley Ball Court Fencing 2 Soccer Fields Roadway and Parking Areas Added Alternates Pool Playmound Concrete Paving in lieu of Asphalt Base Bid Cost with alternates = $406,560 • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: _June 1~, 198 Requested By: W. Ross Cox ~~ Department: CIP X Report Resolution Ordinance Exhibits: Proposed Agreement SUMMARY ~ RECOMMENDATrnN Pursuant to the 1985 General Obligation Bonds widening of Broadway Street from Avenue 'G' to Fairmont Parkway, Council approved the State Department of Highways & Public Transportation (SDHPT) Minute Order No. 86413 on November 23, 1987. Since that time, engineering for the project has been completed. The attached agreement formalizes the transfer of the City's Bond Funds to the SDHPT for construction of the project. Action Required by Council: Approval of Agreement Availability of Funds: General Fund Water/Wastewater _.~_ Capital Improvement General Revenue Sharing Other Account Number: Ou-700-701-5Q0 Funds Available: ~3 YES _ NO Ao~roved for City Council Agenda Robert T. Herrera DATE City Manager • ~~ ~ STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this day of CS,7 389-15-7 Harris County 1988, by and between the City of La Porte, Texas, hereinafter called the "City", Party of the First Part; acting by and through its duly authorized officer and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the City desires the widening of a section of Loop 410 from Avenue G to Fairmont Parkway, a Distance of 0.34 miles, hereinafter called the project. The State will, among other things, provide for the construction of this work within these limits and the City will provide Seven Hundred Forty Nine Thousand and NO/100 Dollars ($749,000.00), toward the preliminary engineering and construction of the project. The cost of the preliminary engineering will be an amount equal to Eighty Four Thousand Five Hundred and No/100 Dollars ($84,500.00). In the event the development of the preliminary engineering equals to an amount less than Eighty Four Thousand Five Hundred and No/100 Dollars ($84,500.00), the unused amount will be made available to the State for the construction of the project, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 86413, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. NOW THERF:'ORE, it is understood that this proposed work will be • • ~. r constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Department of Highways and Public Transportation in the amount of Six Hundred Sixty Four Thousand Five Hundred and No/100 Dollars ($664,500.00), plus any additional funds not utilized in the development of the preliminary engineering by the City. It is further understood that the State will construct only those items for the City as requested and it is further understood that the cash contribution and costs of the preliminary engineering services in the amount of Seven Hundred Forty Nine Thousand and No/100 Dollars ($749,000.00), by the City shall be a fixed amount for their share of the work. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of the Commission Minute No. 86413, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A".and made a part of this agreement. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF LA PORTE Party of the First~Part By: Typed Name Title Date ATTEST: STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission under the authority of Minute Order 82513. By: Director, Contract Management City Secretary • r'--'~ . .ATE DEPAR'I'MEt:T OF HIGHin~Y5 Aiv'D PUBLIC TRANSPORTATION HARF:I ~ COL't:TY DISTP.ICT t~C. i;~U~TOt: (12) MINUTE ORDER PACE 1 Oi' 2 F'AG~S 4'HEREAS, It: FFARRIS COUR°TY Ot~ LOOP 410, FROM AVENUE G IN LA PORTS SOUTH At:'D 6vE.ST TO STATE HIGHl7AY 146, A DIS':Ntx~E OF APPI20XIhiATELY 2.0 MILES, ~. PRGJECT TO 14IDE2: THIS SECT ION OF FFIGFi<v'AY IS APPRC~ LD IN TFiE 5-YEAR DL'~~ELOPMEt:T SCHEDULE OF THE 10-YEI,R PROJI~"I' DEVELOPI-iEt?T PLAP: ; Al1D W3-iEREAS, THE CITY OF LA A7RTE HAS REQUESTED TIiP.T THE SECTION OP THIS PROJECT FROM AVEt][JE G TO FAIRMONT PARIC4~~sY, A DISTAt~7CE OF APPROXIMATELY 0.39 MILE, BE ADDED TO THE 1-YE?~R LETTING SCHEDULE AT P.t: ESTIh'iATED COST OF $1,175, 000; AtdD F~df-iEREAS, THE CITY OF LA PORTS HAS OFFER};D TO PAY $74,000 ,. T067ARD THE PR);LINIIvARY ENGINEERING Ai~ID COt:STRUCTI0t1 OF TF-iIS PROJECT; 1d0`~, THEREFORE, IT IS ORDERED TIiAT TFiE E*?GIt?EER-DIF:ECTOR IS DIRECTED TO TEI~'DER THE FOLLOrrJItdG PROPOSAL TO THE CITI' OF LA PORTS: PROVIDED THE CITY OF LA I~RTE 4JILL: 1. PROVIDE $749,000 T06~ARD TF;E PRELIl~1It~'~RY ENGID?EERIt:G At;D COt:STRUCTION OF THIS PROJECT. 2. PROVIDE ONE-HUt:DRED PERCENT OF T}iE COST OF UTILITY AJJUST*"Et,Ta AS :~~iFY BE P?'QUIRED Its ACCGRTJ':t;~F' !°;ITY. P''~LICIES OF TY.E STATE DEPARTMEt~?T OF HIG};F~77~YS ??t?J PUBLIC TP.At2S PORTAT I 02. . • ~ ~ • r"-~--~` .. .iTE DEPARRMEr.'T OF HIGIiWAYS Atv'D PUBLIC TRANSPORTATION FrARRIS COU:'Ty MINUTE ORDER PAGE 2 OF 2 PAGES DISTRICT P?0. HCUSTOh (12} THE STATE DEPARTt•]Etv'T OF HIGH4IAYS AIvD TRArISPORTATI0r7 Y~ILL: ]-. ADD TiiIS PROJEC'T' TO THE 1-YEAR LET'i Ir:G SCHEDULE. 2. PROVIDE RELOCATION ASSISTANCE AS I9AY BE DETERMINED TO BE ELIGIBLE UNDER THE RELOCATION ASSISTANCE PROGRAM. UPOi•: ACCEPTANCE GF THE PROVISIONS OF TIiIS MINUTE ORDER BY THE CITY OF LA POPTE, THE ENGINEER-DIRECTOR IS AUTHORIZED TO ADD THIS PROJECT TO THE 1-YEAR LETTING SCHEDULE OF THE 10-YEAR PROJECT DEVELOPh1Er.'T PLAri; AND TO PROCEED IN THE MOST FEASIBLE AND ECONOr~]ICAL MANNER G'JITH PROJECT DEVELOPMENT TO INCLUDE ArdY idEvESSARY AGREII~4Er:'TS Ar:D RELOCATIOr~ ASSISTANCE AT AD, ESTIt•]ATED COST TO THE STF:TE OF $510, 000. THIS CEDER SHALL BIDOME OPERATIVE UPON ACvEPTAi`Y'E UY THE CITY OF L~ PC?RTE; ArrJ IF NOT ACCEPTID WITHI*] 90 DAYS OF THE DATE HEREOF, THE ACTIOr; HEREIr COI:TAIriED SHALL P.E AUTO~'fT~TICALLY CAI~iCELED. SU3`5IT T ED BY EXIL~•]IrdED P.r:D PF"'C:~T~IEr?.:?ED BY: (TITLE) ADMINISTP,P.'^IVE ASSISTAr~T APFRO~~'ED DEPUTY DIRECTOR. Et ;G I r;EER-DIRECTOR MIrdL'TE I:U'`]BER ?6? 1? DATE Pf~SED CST 2i? 8 • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 1~, 1988 Requested By: Deotis Gay Department: City Council XX Report Resolution Exhibits: Memo from Councilperson Gay Letter from Cinda Calderon, HCCDA SUMMARY ~ RECOMMENDATION Ordinance Attached is a memo from Councilperson Deotis Gay regarding the expansion of the Jennie Riley Community Center and a letter from Cinda Calderon, Manager of Planning for Harris County Community Development Agency. The correspondence addresses revised cost estimates for enlarging the expansion of the Jennie Riley Community Center from 1400 square feet to 2500 square feet. Action Required by Council: Approve additional expansion Disallow additional expansion Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: Funds Available: - YES _ NO Annroved for Citv Council Agenda ~ ' ~~~ Robert T. Herrera DATE City Manager • r" --" CITY OF LA PORTE INTER-OFFICE MEMORANDUM T0: Mayor & Councilrnember FROM: Deotis Gay, Councilmember , DATE: June 6, 1988 SUBJECT: Additional Funding for Jennie Riley Civic Center The proposed improvement to the Jennie Riley Civic Center calls for a building expansion of 1680 sq. ft. In reviecaing the plan documents, I feel an additional 800 sq. ft. is needed. We have an award from Community Development Block Grant in the amount of $167,000 with approximately $128,000 available for construction to build the proposed expansion. I am requesting that Council consider funding an additional $61,~-50 from City funds to cover an additional 800 sq. ft. RTH/sdw cc: Robert T. Herrera, City Manager John E. Joerns, Assistant City Manager Stan Sherwood, Director of Parks and Recreation • . !"' -" HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY 3100 Timmons Lane, Suite 330, Houston, Texas 77027 • 626-5651 JON LINDSAY, County Judge WALTER L JONES, Executive Director =~ ~., „ rr_ June 3, 1988 Mr. Robert Herrera, City Manager City of La Porte 604 West Fairmont Parkway P.U. Box 1115 La Porte, Texas 77571 Dear Mr. Herrera: Re: Jennie Riley Community Center Project Number: 87-U2-A-03 ~~~:~~ - ~~ ~9a~ Mr. Stan Sherwood of your staff has discussed with us the possibility of the City of La Porte contributing an additional $60,000 to the community center expansion project to enable the construction of a larger meeting room. I understand the City Council will consider that option at its meeting on June 13, 1988. Accordingly, enclosed is an alternate Interlocal Agreement reflect- ing the additional amount. Depending on the decision of your City Council on June 13, 1988, either this agreement or the agreement previously forwarded should be presented for approval. Also enclosed are revised cost estimates and a revised floor plan and eleva- tion reflecting the additional amount. The construction cost of the larger addition, at $75 per square foot, is estimated to be $189,450, $61,450 more than the $128,000 currently included in the construction budget. If there are questions, please call. Sincerely, Cinda Calderon, Manager Planning and Program Development CC:ah Enclosure • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 1~, 1988 Requested By: Joel Albrecht Department: Community Development Report Exhibits: Resolution Ordinance 1) Proposal from La Porte Independent School District 2) Minutes of May 26th Golf Course Advisory Board Meeting SUMMARY & RECOMMENDATION At the May 26th Golf Course Advisory Board Meeting, staff presented a proposal from the La Porte Independent School District concerning the use of Bay Forest Golf Course for their Varsity Golf Teams. The proposal was recommended by the Golf Course Advisory Board to the City Council for approval. The District agrees to pay the City $1,500.00 for the use of the Bay Forest Golf Course during the school year. The play will be on weekdays only. The time and days will be authorized by the Golf Professional of Bay Forest Golf Course. The students will be supervised by the High School Golf Coach with guidelines set by the Golf Professional. A total of 12 players will be involved with this program. The Golf Course Advisory Board recommends approval of the proposal by the La Porte Independent School District with a yearly review of the terms enclosed. Action Required by Council: Approve proposal from the La Porte Independent School District for the use of Bay Forest Golf Course. Availability of Funds: General Fund Capital Improvement Other Account Number: Water/Wastewater General Revenue Sharing Funds Available: YES NO Approved for Citv Council Agenda Robert T. Herrera DATE City Manager fi r GOLF COURSE ADVISORY BOARD DRAFT MINUTES OF MEETING MAY 26, 1988 THOSE PRESENT Advisory Board ~i~y of La Porte David Brady, Chairman Joel Albrecht Ruede Wheeler Alex Osmond Richard Hayes Dennis Hlavaty Jack Humphrey Nina Bergeron, Dennis Dunham Secretary Jim Longnecker Reed Tolles Meeting was opened by David Brady at 12:10 PM. ITEM N0. ~: A motion was made by Jack Humphrey and seconded by Richard Hayes to approve the minutes of the April 28, 1988. Minutes were approved as presented. ITEM N0. ~: STATUS OF GOLF COURSE/CLUBHOUSE/MAINTENANCE/CART STORAGE BUILDINGS. Dennis H. reported that nearly all of the greens are grassed over, with only a few little spots, here and there. He said they had just finished top-dressing for the first time that morning (Thursday). The entire course was fertilized approximately two (2) weeks ago and they would be fertilizing again next week. The fairways are coming in good and may not need any replanting of grass. No. 16, which he thought might have to be replanted, is doing good and grassing over. No. 4 is coming along real good also. Replanting might have to be along the slopes, but that is something he will have to wait and see. Dennis H. said he felt like we were going to lose a couple of trees on the left side of No. 1. He also said the course was draining real good and he was very pleased with it. The driving range will be available when the temporary building/office is moved in. Joel said the temporary building should be in next week (1st week of June). We will then need to get temporary water, etc. Joel told the Board that a Change Order has been issued to Allgood Construction for the site work around the maintenance and cart storage building, they are to start this afternoon. • GOLF COURSE ADVISORY BOARD MEETING MINUTES OF MAY 26, 1988 PAGE 2 • The Letter to Proceed for the maintenance and cart storage buildings will be going out so construction can began next Wednesday, June 1, 1988• The contracts and final documents have all been done and construction should also start Wednesday, on the clubhouse. On the Carter Golf, Inc. contract, a check requisition for Payment No. 10 has been issued. Joel told the Baard that we held back money for liquidated damages and also for replacing portions of the cart path and hooking up the central controller for the irrigation system. City Council did approve the low bid on the golf cars at the last meeting. The bid went to "E-Z-Go" for sixty (60) electric cars. Alex told the Board the colors available for the cars were as follows: white, frost beige, light blue or forest green. Alex's recommendation was the light blue, the Board agreed. Alex distributed a copy of an advertisement that will appear in the June issue of the Gulf Coast Golfer magazine. The ad tells the location and that the golf course will be open soon; this will make people aware of the course. A letter was submitted for review to the Board from the La Porte Independent School concerning the use of the course for the high school varsity golf team. The school agreed to an annual fee of $1500.00. The students will be supervised by the high school coach working under the guidelines established by the golf professional. A motion Was made by Richard Hayes and seconded by Jim Longnecker to recommend this proposal from the high school to the City Council for approval. Hotion carried. Questions were asked about the times the course would be open for play. Alex said it would be open 7 days a week including holidays from approximately 7:30 until an hour before dark. • • GOLF COURSE ADVISORY BOARD MEETING MINUTES OF MAY 26, 1988 PAGE 3 There being no further business the meeting adjourned at 12:40 PM. Next meeting scheduled far June 23, 1988. Respectfully submitted, Nina Bergeron, Secretary Approved on this. day .of - , 1988 David Brady, Chairman ~ ~ ~`~~ ~~ May 20, 1988 ~~~~ ~~~~ PdI~iY :~ 0 i98~ Mr. Robert Herrera, City Manager City of La Porte 6~G t•7. Fairmont Parkway La Porte, TX 77571 Dear Pir. Herrera: Please accept this letter as a proposal from the La Porte Independent School District to the City of La Porte for the use of the Bay Forrest Golf Course by the district's varsity golf team. The district agrees to pay the City an annual fee of $1500 for use by the students as determined by the resident professional. This amount was calculated by using a $2.50 green fee, course utilization of three (3) days per week and a 3:3~ pm tee time with no weekend play. The students will be supervised by the high school golf coach working under the guidelines established by the golf professional. If the terms are acceptable, a check will be forwarded to the City prior to September 1, 1988. Your consideration is appreciated. Most sincerely~, /,' • / "' W Robert H. Williams, Jr. Superintendent of Schools /jw • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 1~,.., 1988 Requested By: Robert T. Herrera Exhibits: Report Department: Administration Resolution Ordinance Proposal submitted by Sears & Burns The City has obtained a sit specific permit for operation of a class Landfill. To date, the City has been unable to negotiate a satisfactory price for purchase of the land. Council has received a proposal from Sears & Burns to represent the City on the acquisition of the 80.972 acres described by the permit for sanitary landfill purposes. The proposal outlines the scope of services and compensation for Services rendered. Written authorization from the City is required to initiate the service proceed from one phase to the next. Action Required by Council: Approving proposal and scope of services submitted by Sears & Burns; to represent the City of La Porte on the acquisition of the 80.972 acres for sanitary landfill purposes. Availability of Funds: General Capital Other Account Number: Fund Improvement Water/Wastewater General Revenue Sharing Funds Available: _, YES _ NO ~onroved for Cii~y Council Agenda Qa~ T c~ ~ X01, ~6 Robert T. Herrera DATE City Manager • • CITY OF LA PORTE INTER-OFFICE MEMORANDUM T0: Mayor Norman Malone & DATE: June 10, 1988 Members of City Council FROM: Robert T. Herrera, City M~ SUBJECT: Council Agenda Item - 6/13/88 City Council Meeting Please add the attached information to your agenda packet for June 13, 1988. This is back up for Agenda item ~~13 and has been discussed with the Council previously on June 6, 1988. RTH/jb Attachment: (1) ~~ • • WILL SEARS ROBERT L. BURNS C. CHARLES DIPPEL J. MARK BREEDING CHARLES R. HUBER. JR. sAL P. LoPlccoLO. II June 8, 1988 Estimated senior partner time: 50 hours - $12,500 Estimated subordinate and staff time: 20 hours - $2,000 $12,500 - $15,000 range Mr. Knox Askins, City Attorney City of La Porte P. O. Box 1218 La Porte, Texas 77571-1218 Re: Acquisition by the City of 80.972 acres for sanitary landfill pur oses Dear Knox: SEARS AND BURNS ATTORNEYS AT LAW 55 WAUGH DRIVE. SUITE 400 HOUSTON, TEXAS 7 70 07-5 81 2 1 3 S f ~ t`;°~. .. ~ 1~ ~ti 8..sy JU;d y ~ 198 We propose to represent the City upon the following terms: TELEPHONE 1713) 863-9601 1. Scope of Representation. The City has obtained a permit from regulatory authority to use the 80.972 acre tract for sanitary landfill purposes. An offer has been made to the owner of the land to purchase it, but the owner has rejected the offer. The City must institute eminent domain proceedings to acquire the site. Services by this firm will be phased, and we will not begin any phase unless authorized by the City in writing. Through the award of special commissioners. We will review the documents relative to the permit for sanitary landfill, the appraisals, and all Council action for acquisition. If further Council action for acquisition is necessary, we will draft appropriate ordinances or resolutions. Settlement discussions with the landowner will be conducted, if indicated. Any documents relative to the administrative proceeding for condemnation will be _ prepared by us. Conferences with the appraisers and the conduct of the hearing before special commissioners will be handled by us. Costs exclusive of special commissioners fees will range from $500 - $1,000. If the award is ap Baled. If either side files objections to the award of special commissioners, we will handle the preparation for and trial of the case through all proceedings in the trial court. • • PJIr. Knox Askins, City Attorney Page 2 June 8, 1988 Estimated senior partner time: 100 hours - $25,000 Estimated subordinate and staff time: 100 hours - $10,000 $35,000 - $50,000 range Costs will range from $500 - $1,000. Appeal of a 'udgment. If an appeal is taken to the Court of Appeals from a trial court judgment, then In the Court of appeals: Range $10,000 - $15,000 In the Supreme Court: Range $5,000 - $7,500. Costs will range from $1,500 - $2,500. 2. Compensation for Services Rendered. This firm charges fees for legal services rendered upon the basis of chargeable time. Chargeable time is defined as the amount of time that a lawyer possessing equal years of experience and having ordinary competence in Harris County, Texas, may be expected to expend in the accomplishment of a given legal task. As an example of its operation, if a lawyer of ordinary competence requires two hours to accomplish a given legal task, but this firm would accomplish the task in one hour, you would be billed at the firm's hourly rates for partners and associates involved for two hours' services; otherwise, we would be penalized for possessing more expertise than the lawyer of ordinary competence. Conversely, if such a lawyer required two hours, but we required four hours to accomplish the task, you would be billed for two hours' services. The concept of chargeable time necessarily takes into account all factors set forth in DR2-106, Rules of Disciplinary Conduct of the legal profession, copy enclosed. Any final billing to you for services rendered will be based upon chargeable time and will take into account applicable factors stated in DR2-106. This firm charges actual time rates for purposes of interim billings ranging from $250 per hour for partners down to $45 per hour for paralegal services. The hourly rates will be adjusted dependent upon inflation. We bill on a regular basis for time expended, at actual time rates, only. Interim billing amounts will be taken into account in any final billing. All fees payable to the firm are payable at its offices in Houston, Harris County, Texas. i • Mr. Knox Askins, City Attorney Page 3 June 8, 1988 3. Costs and Expenses. From time to time the firm will incur expenses on your behalf associated with the litigation. You agree to pay the firm at its offices in Houston, Harris County, Texas, all out-of-pocket expenditures by the firm on your behalf. 4. Miscellaneous Matters. This firm, as well as any other law firm, cannot and does not guarantee results. We only warrant and represent that we will apply our experience, learning and ability to the legal task at hand in accordance with the standard of competence of lawyers in the community. You are hiring the law firm of Sears and Burns, a general partnership of lawyers. Since no one member of the firm is committed to the handling of the representation, but the firm with all of its members and associates is committed, we reserve the right to commit to the task at hand those members or associates we deem necessary for the accomplishment of the representation. SEARS AND BURNS By C. Charles Dippel, A Ge e 1 Partner AGREED AND ACCEPTED: CITY OF LA PORTE, TEXAS By Robert Herrera, City Manager DIl~ 2-lOG. Fees for Legal Services. (A) A lawyer shall not enter into an agreement for, charge, or col- lect an illegal or clearly excessive fee. (B) A fee is clearly excessive when, after a review of the facts, a lawyer of ordinary prudence would be left with a definite and firm conviction that the fee is in excess of a reasonable fee. Factors to be considered as guides in determining the reason- ableness of a fee include the following: (1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly. (2) The likelihood, if apparent t~ the client, that the accept- ' ance of the particular employment will preclude other em- ployment by the lawyer. (3) The fee customarily charged in the locality for similar legal services. (4) The amount involved and the results obtained. (5) The time limitations imposed by the client or by, the cir- cumstances. (6) The nature and length of the professional relationship with the client. (7) The experience, reputation, and ability of the lawyer or lawyers performing the services. (8} Whether the fee is fixed or contingent. (C) A lawyer shall not enter into an arrangement for, charge, or collect a contingent fee for representing a defendant in a crimi- nal case. SEARS AND BURNS ATTO RN E'/5 AT LAW • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda DatE Reque t June 13, 1988 o~- Requested By: S e Gille Department: Public works x Report Resolution Ordinance Exhibits: 1. Bid recap Sealed Bid #0257. SUMMARY ~ RECOMMENDATION Advertised sealed bids #0257 for the supply of bank sand were opened and read on May 31, 1988. Bid requests were mailed to six (6) area suppliers with three (3) returning bids. Low bidder meeting specifications was submitted by Walker Sand, our current supplier, four 14 yard loads at a cost of $5.15 per yard. Based on the yearly estimate of 4,300 yards, the total cost would be $22,145.00. Breakdown of the requested quantity is: Public Works Parks Golf Course TOTAL - 3,000 yards - 800 yards - 500 yards 4,300 yards Staff recommends award to low bidder meeting specifications, Walker Sand, for the supply of bank sand in 14 yard loads at a cost of $5.15 per yard. Action Required by Council: Award bid to low bidder meeting specifications, Walker Sand, for supply of bank sand in 14 yard loads at a cost of $5.15 per yard in an estimated amount of 4,300 yards at a total cost of $22,145.00 Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: various Funds Available: YES NO Approved Por City Council Agenda Robert T. Herrera DATE City Manager • CITY OF LA PORTE INTER-OFFICE MEMORANDUM JUNE 3, 1988 T0: FROM: SUBJECT: Steve Gillett, Director of Public Works Louis Rigby, Purchasing Manager Sealed Bid 40257 - Bank Sand v ~~ :1N3 ~8y ~~J --._ Advertised, sealed bids 40257 were opened and read on May 31, 1988. Bid requests were mailed to six area suppliers with the following three returning bids: 1) Walker Sand, 2) Genoa Sand Pit, 3) Baytown Sand & Clay. Low bid of $5.15 per yard was submitted by Walker Sand, our current supplier, for 14 yd loads. Based on the yearly estimate of 4,300 yards, the total cost would be $22,145.00. The quantity breakdown is 3,000 yards for public works, 800 yards for parks, and 500 yards for the golf course. These are only estimates and can be increased or decreased at the discretion of the City. Please submit your recommendation with an agenda request form by the prescribed time before the next regular Council meeting. If there is a need to delay bringing this before Council, please notify me. LR/gr Attachment: Bid Tabulation xc: Buddy Jacobs, w/ attachment Curtis Herrod, w/ attachment Orville Burgess, w/ attachment Bert Clark, w/ attachment Alex Osmond, w/ attachment ~~ SEALED BID 40257 -BANK SAND • WALKER GENOA SAND BAYTOWN `SAND PIT SAND & CLAY 1. BANK SAND -PRICE PER YARD 5.15 5.50 5.67 I - - II --- -- 2. TOTAL (YEARLY ESTIMATE) 22,145.00 23,650.00 24,381.00 --- 1 - _ - - - __ _ ~ ~ 1 __ 1 ~ Z _ 1 .. 1 ~ _ _:_ 1 __. 1 _ I _ _ --. T • CITY OF LA PORTE INTER-OFFICE MEMORANDUM T0: FROM: DATE: SUBJECT: Robert T. ,H rera, City Manager • Janie Bais, ~sistant to the City Manager I June 10, 19&8 Proposed Long Range Plan Invitations for Community Meeting As per your request, I have researched the following items and present my findings as noted below: ~. Invitation and Postcard I recommend that the wording on both the invitation and postcard be brief and direct, and suggest the following formats: o Invitation: This invitation will be printed on quality paper and matching envelope. To ensure that the invitation does not "blend-in" with the everyday mail, the color of the invitation will be a light gray or blue. See Exhibit A to examine the wording for the public community meeting. o Postcard: Again, to ensure that this invitation "stands-out" from everyday mail, I recommend that the postcard be made from quality - high gloss paper. Additionally, I recommend that the picture on the card contain other colors such as red and blue. See Exhibit B to examine the wording on the postcard. .~I. Estimated_~2~~Tnv~tat~on and Postcard I contacted a local printer to determine a cost estimate for printing both invitations, and estimate a total of $700. A break down of these costs is as follows: ~ , • • Invitations for Community Meeting Page 2 of 4 June 10, 1988 ITEM 500 (4-Color) Postcards (50 postcards per Councilmember plus 50 extra) ESTIMATED ESTIMATED INDIVIDUAL TOTAL COST COST $ .40 $ 200.00 X2,000 invitations $ .25 $ 500.00 .(with envelopes) Total Estimated Cost $ 700.00 ~ (Note: This figure is based on average number of voters for the last two years (1,610) and is rounded off) III. Elect'on Figures To determine the average number of invitations, I contacted City Secretary, Cherie Black, and found that for the last two years the election figures (total number of people who voted in the last two years) are as follows: IV. Mailing_Labels 1987 - 1,589 1988 - 1,631 To determine if mailing labels could be produced electronically, I met with our Computer Operator, Al Owens. Mr. Owens stated that, yes, he could easily produce these labels as long as we could obtain a copy of the tape from Harris County Voters Registration (HCVR). Mr. Owens contacted HCUR, and found that at a cost of $100, the City could obtain a copy of this information. I strongly recommend that we purchase this tape, if City Council agrees to send invitations to only those individuals who voted in the last two elections. • • Invitations for Community Meeting Page 3 of 4 June 10, 1988 V. Mailing Costs Costs associated with mailing both of these invitations are as follows: COST NUMBER TOTAL ITEM PER ITEM MAILED COST Postcard $ .15 500 $ 75 Inv itat ions ~~- ~~ .~-- 80 Total $ .29 2,500 $ 355 (# Note: This cost is based on a bulk third rate figure) ]~I. Promotion Strate~v Upon approval of the "mail-out" method, I propose the following promotion strategy to inform our Citizens: - Placing a Press Release on all of the following newspaper/newsletters, radio and television medias, such as: o Bayshore Sun o Houston Chronicle and Post o Chamber of Commerce Newsletter o All Civic and Neighborhood Newsletters (i.e. Optomist, Downtown Merchants Assoc., etc.) o All Church Notices o Cable Public Information Station o Community Calendars on TV Channels 2,11, and 13 o Radio Stations - Placing notices on community bill boards such as La Porte State Bank's "Gus", Bayshore Saving's Marque, and other privately owned billboards. - Accquiring two banners announcing the meeting, one at Fairmont Parkway, and the second at Main Street. Since many of the media resources require two week written advance notice, time is of the essence to ensure the success of this promotion strategy, • • Invitations for Community Meeting Page 4 of 4 June 10, 1988 yII. Cost Summary The total estimated cost for this project is $1,455. A breakdown of the total cost is summarized below: STEM ESTIMATED COST - Printing of Invitations $ 700 - HCVR Mailing List $ 100 - Promotion Strategy (banners) $ 300 - Mailing Cost $ X55 TOTAL $ 1,455 Please contact my office to discuss this memorandum further. cc: John E. Joerns, Assistant City Manager JB/ks City of La Porte, Texas Exhibit A: Invitation • MISSION STATEMENT: "The City of La Porte will develop and set into motion a plan that will improve the quality of life by promoting responsible and diversified economic growth." You are cordially invited to attend The City of La Porte's First Long Range Planning Public Meeting DATE: Wednesday, July 13, 1988 PLACE: Sylvan Beach Pavilion TIME: 6:00 P.M. to 9:00 P.M. Come join us plan for La Porte's economic future. Together we can build tomorrow's dreams! Contact City Hall at 471-5020, if further information is needed. ..f ,~~-~.__ ~,,.._ • Exhibit B: Postcard BACK VIEW: City of La Porte, Texas Dear You are cordially. invited ~~'""j ~' RESIDENT to attend the City of La Porte's First Long Range Planning Meeting ADDRESS DATE: Wednesday, July 13, 19$$ LA PORTE, TEXAS PLACE: Sylvan Beach Pavilion TIME: 6:00 P.M. to 9:00 P.M. Mayor/Councilmembers City of La Porte FROrrr vlEw: ~~r ..,'s