Loading...
HomeMy WebLinkAbout1988-12-12 Regular Meeting ----.-.--- . . MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL DECEMBER 12, 1988 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of Citv Council Present: Mayor Norman Malone, Councilpersons Betty Waters, Mike Cooper, Ed Matuszak (arrived at 6: 06 ) , Alton Porter, Mike Shipp, Deotis Gay, B. Don Skelton, Jerry Clarke Members of Citv 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, Assistant to the City Manager Janie Bais, Director of Public Works Steve Gillett, Purchasing Manager Louis Rigby, Police Chief Charles Smith, Finance Director Jeff Litchfield, Director of Community Development Joel Albrecht, Assistant Director of Public Works Buddy Jacobs, Fire Chief Joe Sease Others Present: Brent Ryan; Jim Wyatt; John Black, Bayshore Sun; 22 citizens 2. The invocation was given by Mayor Malone. 3. Council considered approving the minutes of the Citizens Participation meeting and regular meeting of Council held November 28, 1988. Motion was made bv Counciloerson Skelton to aoorove the minutes Qf the November 28 meetinq with an amendment to reflect the correct time of Counciloerson Porter's arrival time as 6:1:)7. Second by Councilperson Waters. The motion carried, 8 ayes and 0 nays (Councilperson Matuszak had not yet arrived). Ayes: Councilpersons Waters, Cooper, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 4. The following persons addressed Council at this time: Mrs. Evelyn Kennedy - requesting that Council consider putting the purchase of the old Post Office site for use as a senior citizens center as a priority for the Community Development Block Grant application. Dr. Eoin Harvey addressed Council to request their consideration of D. E. Aviation's offer to lease 14 tie-down spaces at La Porte Municipal Airport and a 100 x 100 foot piece of property lying adjacent to the ramp. ----- ----- e e Minutes, Regular Meeting, La Porte City Council December 12, 1988, Page 2 At this time Council retired into executive session to address three legal matters: (1) legal/land acquisition - discuss with attorney(s) status of condemnation suit to acquire landfill site; (2) legal - discussion with special counsel regarding retaining professional consultants to assist in review of Houston Chemical Services, Inc., application; (3) legal - contractual meeting with City Attorney to discuss airport leases. Council left the table at 6:13 P.M. for the executive session and returned to the table at 7:48 P.M. 5. Council considered an ordinance suspending the schedule of rates of Houston Lighting & Power Company. The City Attorney read: ORDINANCE 1625 - AN ORDINANCE RECITING THE CIRCUMSTANCES OF THE HOUSTON LIGHTING & POWER COMPANY (HL&P) STATEMENT OF INTENT TO CHANGE ELECTRIC RATES; SUSPENDING THE SCHEDULE OF RATES OF HL&P FOR A PERIOD OF NINETY (90) DAYS FROM THE EFFECTIVE DATE THEREOF; AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. Motion was made bv Counciloerson Waters to adoot Ordinance 1Q2~ as read bv the Citv Attornev. Second by Councilperson Porter. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 6. Council considered an ordinance extending the corporate limits of the City of La Porte to include the area comprising the Bayshore Municipal Utility District and approving a service plan for such territory. The City Attorney read: ORDINANCE 1626 - AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF LA PORTE, TEXAS, TO EMBRACE AND INCLUDE TERRITORY WITHIN CERTAIN BOUNDARIES COMPRISING THE BAYSHORE MUNICIPAL UTILITY DISTRICT; ANNEXING TO THE CITY OF LA PORTE, TEXAS, TERRITORY WITHIN SUCH BOUNDARIES; APPROVING A SERVICE PLAN FOR SUCH TERRITORY; MAKING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING SAVING AND SEVERABILITY CLAUSES. Motion was made bv Counciloerson Porter to adoot Ordinance 1626 as read bv the Citv Attorne~. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone None: None --.-- e e Minutes, Regular Meeting, La Porte City Council December 12, 1988, Page 3 7 . Council considered an ordinance adding the Bayshore Municipal Utility District territory, annexed by Ordinance 1626, to City Council District 5. The City Attorney read: ORDINANCE 1627 - AN ORDINANCE ADDING THE TERRITORY COMPRISING THE FORMER BAYSHORE MUNICIPAL UTILITY DISTRICT, TO CITY COUNCIL DISTRICT #5; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv COllnciloerson Skelton to adoot Ordinance 1627 as read bv the Citv Attorney. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 8 . Council considered an ordinance closing "I" Street. The Mayor announced that a request had been made to defer this item to the January 9 meeting. Motion was made bv Counciloerson Waters to table Item 8. Second by Councilperson Skelton. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 9 . Council considered an ordinance authorizing and approving destruction of certain City records. The City Attorney read: ORDINANCE 1629 - AN ORDINANCE PROVIDING FOR THE DESTRUCTION OF CERTAIN ORIGINAL PUBLIC RECORDS; DIRECTING THE CITY SECRETARY OF THE CITY OF LA PORTE TO NOTIFY THE STATE LIBRARIAN OR STATE ARCHIVIST OF THE PROPOSED DESTRUCTION OF SAID RECORDS; MAKING CERTAIN FINDINGS OF FACT PERTINENT TO THE DESTRUCTION OF SAID RECORDS; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW AND PROVIDING FOR AN EFFECTIVE DATE. Motion was made bv Counciloerson Gav to table this item until Januarv. Second by Councilperson Skelton. The motion failed, 7 nays and 2 ayes. Ayes: Councilpersons Gay and Skelton Nays: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Clarke and Mayor Malone - -- e e Minutes, Regular Meeting, La Porte City Council December 12, 1988, Page 4 Motion was made bv CouncilDerson Porter to adoDt Ordinance 162q. Second by Councilperson Clarke. The motion carried, 8 ayes and 1 nay. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: Councilperson Gay 10. Council considered an ordinance granting a pipeline permit to Himont U.S.A., Inc. The City Attorney read: ORDINANCE 915-BB - AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-A-3 OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION," BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, AND APPROVING THE APPLICATION OF HIMONT U.S.A., INC., TO OPERATE A 8-5/8" PROPYLENE PIPELINE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv CouncilDerson Waters to adoDt Ordinance q1~-BB as read bv the Citv Attornev. Second by Councilperson Shipp. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shi.pp, Gay, Skelton, Clarke and Mayor Malone Nays: None 11. Council considered an ordinance approving and authorizing an amendment to the lease agreement between the City of La Porte and Cliff Hyde Flying Service, Inc. At this t.i.me, Cliff Hyde addressed Council, stating his reasons for wishing to amend his lease with the City. His flying service is involved with the Eastern Airlines Pilot Entry program through San Jacinto College, and an expected increase in enrollment in the program necessitates his expanding his facility. Mr. Larry Tucker, Department Chairman of the Aviation Department at San Jacinto College, addressed Council to encourage them to approve the amendments to Cliff Hyde Flying Service's lease, due to their expected enrollment growth in the program. The City Attorney read: ORDINANCE 1623 - AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF LA PORTE AND CLIFF HYDE FLYING SERVICE, INC.; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. e e Minutes, Regular Meetlng, La Porte City Council December 12, 1988, Page 5 Motion was made bv Counciloerson Waters to adoot Ordinance 162i as read bv the City Attornev. Second by Councilperson Matuszak. The motion carried, 8 ayes and 1 nay. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: Councilperson Gay 12. Council considered a resolution casting a ballot for Harris County Appraisal District Board member. Motion was made bv Counciloerson Skelton to cast the City's ballot for Elton Porter to be named a member of the board of the Harris County Aooraisal District. Second by Alton Porter. The City Attorney read: RESOLUTION 88-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT. The vote was taken, and the motion carried, 8 ayes, o nays, 1 abstain. Ayes: Councilpersons Waters, Cooper, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None Abstain: Councilperson Matuszak 13. Council considered approving Community Development Block Grant prioritization. Motion was made bv Counciloerson Skelton that the old Dost office site for a senior citizen center be the number one orioritv. Second by Councilperson Clarke. After much discussion by Council, Counciloerson Skelton moved to amend his motion to state that the ourchase of the old oost office site for use as a senior citizens center. and olannin.~ tools to develoo the renovation of the buildin~ be the number one orioritv: sidewalks. curbs and wheelchair ramos on Main Street be the number two orioritv: and the renovation of the old oost office site for use as a senior citizens center be the number three orioritv. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 14. Council considered approving participation with Mechanical Engineering and Repair for utility extension. ----- e e Minutes, Regular Meeting, La Porte City Council December 12, 1988, Page 6 Motion was made bv Counciloerson Gav to aoorove oarticioation with Mechanical fngineerin~ and ReDair for a utility extension from the south side of Polk Street in a northerly direction ~lon~ the east Drooertv of 18th Street to a ooint aODroximatelv 1S0 feet into the block. at a cost to the City of aooroximatelv $4.700. Second by Councilperson Matuszak. The motion carried, 8 ayes and 0 nays (Councilperson Porter had left the meeting at 8:37 P.M.). Ayes: Councilpersons Waters, Cooper, Matuszak, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 15. Council considered authorizing additional funds for assistance in preparation of Tinker/Lovelace litigation. Motion was made bv Counciloerson ShiDo to aoorove additional funds in the amount of $12.000 to Turner Collie & Braden for assistance in oreoaration of the Tinker/Lovelace litigation. Second by Councilperson Waters. The motion carried, 7 ayes and 0 nays (Councilperson Porter had left the meeting and Councilperson Gay was away from the Council table). Ayes: Councilpersons Waters, Cooper, Matuszak, Shipp, Skelton, Clarke and Mayor Malone Nays: None 16. Council considered retaining professional consultants to assist in review of Houston Chemical Services, Inc. , application. Motion was made bv Counciloerson Matuszak that the City Mana~er be authorized to enga~e the services of Drofessional consultants on an hourly basis to assist the City in oDDosition to Houston Chemical Services' Dermit aoolication ~efore the Texas Water Commission. and that the total exoenses not to exceed $180.000 without Drior aODroval from City Council. Second by Councilperson Shipp. The motion carried, 6 ayes and 0 nays (Councilperson Porter had left the meeting and Councilpersons Gay and Skelton were away from the Council table) . Ayes: Councilpersons Waters, Cooper, Matuszak, Shipp, Clarke and Mayor Malone Nays: None 17. Council considered awarding a contract for replacement of 2020 feet of 8 inch sanitary sewer main on East "E" Street. e e Minutes, Regular Meeting, La Porte City Council December 12, 1988, Page 7 Motion was made bv Counciloerson ShioD to award the contract for reolacement of sanitary sewer main on East "E" Street to R~+~aDce Construction Comoanv to Reliance Construction Comoanv in the amount of $87.040.1~. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays (Councilperson Porter had left the meeting). Ayes: Councilpersons Waters, Cooper, Matuszak, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 18. Council considered awarding a contract for pavement reconstruction of Valley Brook Drive. Motion was made bv Counciloerson Matuszak to reiect the bid of Livelv Walker. Jr. . and award the bid for oavement reconstruction of Valley Brook Drive to D & W Contractors. in the amount of $68.776.g0. Second by Councilperson Skelton. The motion carried, 7 ayes and 0 nays (Councilperson Porter had left the meeting and Councilperson Shipp was away from the Council table). Ayes: Councilpersons Waters, Cooper, Matuszak, Gay, Skelton, Clarke and Mayor Malone Nays: None 19. Council considered approving exercising a one-year option on janitorial service. Motion was made bv Counciloerson Gav to extend the services of Houston Sanitary and Maintenance for one Year. with no increase in orice. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays (Councilperson Porter had left the meeting and Councilperson Shipp was away from the Council table). Ayes: Councilpersons Waters, Cooper, Matuszak, Gay, Skelton, Clarke and Mayor Malone Nays: None 20. Council considered approving a consent agenda: (A) Consider awarding a bid for front load containers; (B) Consider awarding a bid for rubber tired front end loader and backhoe; (C) Consider awarding a bid for two one-ton crew trucks and one one-half ton pickup truck; (D) Consider awarding a contract for uniform service; (E) Consider awarding a bid for five police vehicles. Councilperson Skelton requested that items C and E be removed for discussion. ---- e e Minutes, Regular Meeting, La Porte City Council December 12, 1988, Page 8 Motion was made bv Counciloerson Waters to aoorove items A. B anQ D of the consent agenda. Second by Councilperson Cooper. The motion carried, 7 ayes and 0 nays (Councilperson Porter had left the meeting and Councilperson Shipp was away from the Council table). Ayes: Councilpersons Waters, Cooper, Matuszak, Gay, Skelton, Clarke and Mayor Malone Nays: None After discussion, motion was made bv Counciloerson Skelton to aoorove items C and D of the consent agenda. Second by Councilperson Waters. The motion carried, 7 ayes and 0 nays (Councilperson Porter had left the meeting and Councilperson Shipp was away from the Council table). Ayes: Councilpersons Waters, Coope r, Matuszak, Gay, Skelton, Clarke and Mayor Malone Nays: None 21. Workshop Items: A. Assistant City Manager John Joerns reviewed the City of La Porte policy regarding drainage maintenance program. Councilperson Matuszak recommended that a formal policy be brought back to Council in January or February for approval by Council. B. Finance Director Jeff Litchfield discussed changes to Chapter 26, Article II, "Water and Sewer Charges," of the City of La Porte Code of Ordinances, covering reconnect fees, returned check charges, and service deposits. 22. Administrative Reports: A. The City Manager congratulated Councilperson B. Don Skelton for being elected to the Board of Directors of the Houston-Galveston Area Council. It was announced that the recent City auction in conjunction with the Goose Creek Independent School District had netted approximately $20,000 for the City. B. Assistant City Manager John Joerns presented a preliminary report on the Myrtle Creek traffic investigation. 23. Council Action: Councilpersons Cooper, Matuszak, and Mayor Malone brought items to Council's attention. e e Minutes, Regular Meeting, La Porte City Council December 12, 1988, Page 9 Councilperson Cooper requested an agenda item for the January meeting to authorize and direct the Planning and Zoning Commission to study the Zoning Ordinances for any changes that are needed. Councilperson Matuszak requested that staff look into having a person to act as a "booking agent" for Sylvan Beach Convention Center. That person could be in charge of the entire booking, from renting the Pavilion, to getting the caterer, to handling decorations. Mayor Malone read a letter regarding Jodi Bobo's term expiring on the Harris-Galveston Subsidence District, and asking that a representative from the City be at their office at 9:30 A.M. on January 9, 1989, to appoint a person to that term. The consensus was that Ms. Bobo would be the choice of the Council for reappointment. 24. The executive session had been held earlier in the meeting. 25. There being no further business to come before the Council, the meeting was duly adjourned at 9:50 P.M. Respectfull~: ~ Cherie Black, City Secretary Passed and Approved this the 9th day of January, 1989 J{ffJnh1/4~ Norman Malone, Mayor ---- I' .. e La Porte ~exas . ~ . '-.' ... December 12, 1988 We the undersigned members of the La Porte Association of A.A.R.P. request your consideration of purchasing :lhd repairing the old post office on 4th street to be used I, asJ::;;~7}# ;)..3 r 7l1tt~ t~~~~ ~4 ~cbrt ,A. ~ r8~t2~ ~ cj(/ JI!fU(f 5. ~~ x3~_lt?;G;~<- 'I. ff~~ ~ J.t; I ~01./ cv/J' M, hCA-~itU~ s-. ~~'~Jc. ~.:r~/~ . 0L ;+.1. C~ . 7,L)~ L~~ ~9~~-A:~e~ .g (~ &t.~f q ~.-c1 g. /U?MJL-" . c5t7. . ~~~ <~~ &!' 5f-1Jt-iV~ f~ a ;). 1~ O_Lc~c.Jvv /0, ;"V:L<-Zj'jcz--- ~ ;;ie. ~??t?n ;3.3 2 t: 1 / , 44Y;/ct --L--C 3 </7J ~ 9~ I ,J. ~sL 'lu; \ I""s&v gSiV ~ ~~.'-J ~ ~~ 13.g.~~ 31 >>~tf,V Jh~v / ~I ~/n-~ :f?Uc&lu/ 3<6.f}~ ~ 15, c1~ -tll~//v ;jq. (?~. ~7"~ /r,.J&-.o'(-LU I/tJc J:!a&& ,-/b N-~ ~..<.o, ~ . . ;3 Hrvv ~ 4A/JV ~(-'~~ . - 17, --e~F . /,,1.2. ~"', ~ ~ \,..:~c \.}...L,~ \ . :J/ ~t,) ~ ~~ ~.~~ I~ ~;?u::..) . ',:,' . ~. GU'--'.......c -Y' 3 _ ~-- 0.3' "'\ ~ ~'--' ----.:- c--/ \ \\ f\ ~jf.~ j~1f I r . CY"-~ \~ ~~ ;t . C6LO' "~ .J.j5" l &tMA.~ S~. c :) ~'\A- 11,~ ~ 7"4>, k: C{ -r-~ S?;Cl1~ ~\/\- ' (/ Z7;!;t~tJk' ~~ ---- "f /~ (LeU WS~ -.d ad~'cC p-?<--~-4bd' /). J , - ------ -------- --- ---- ----- ~ '~ 'i8, ~{)l ;;(j=-- /} /" g .ld)U d ,f? ~ m (j/;~ ~... .;;.~ .~- ,2/ 1./? . ~ X~L- 0( a-~~ fe 1, ~~ ~, I ...,2 .~ 56 .~ 13~~ 7() C ~L' '- C t~_.--- 7/ ~/~ ~t<<J ,('t~ w~r 7~r _J 1;2, ~4^((,/ ~.n~' . ~~ 7.) ~~~~ "- $3. CL _ r:J. GtAIf... .,$tR~&~,,~, ~J.. tv- th~ 8~ ~$J/J z ~ > UA u....-." L~ s,~ ~~ S" 4/11-11.- jlJ1.a Cj /lL/ ~~. ~.ryYl C1;~ 59.~~ '. ,f3,...-d-- {o. Sfee./- ui'I!J . d;[:(j :J rI ( ~ , ~/t'U'1I' ez s.~,~ .. d: 6.7-' 2. -//I;&-l ;' ~( c-~v1'~---, n~ ~ I I '.... . ' IS ~ Jr; MJJ_ ~r;~ ~~(?kz fS'~~r: /4j -'.J; /liJ_ ~{~ $~ C7 -gct.tlt;n ;f#/lYf t ~? ..(~ ~.. .. .~' Sincerely, Sarah Odell, Sec. buLo.l) {]J hL( . e e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: DPr,ember 12, 1988 Requested By: Knox w. Askins Department: Leoal Repo rt Resolution x Ordinance Exhibits: SUMMARY & RECOMM~ION HL&P filed its rate increase request with La Porte and. other cities, on November 23, 1988. The passage of the enclosed ordinance will SUi:>p=.:1 the rate increase for 90 days, after which the Texas Public Utility Ccmnission can suspend the rates for an additional 150 days. Action Required by Council: Passage of the attached Ordinance. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sha ring Other (Motor Pool Replacement Fund) Account Numbe f': Funds Available: YES NO - - Council Agenda /;;!a!eg T.' Herrera DA TE I / Manager e e ORDINANCE NO. 1625 AN ORDINANCE RECITING THE CIRCUMSTANCES OF THE HOUSTON LIGHTING & POWER COMPANY (HL&P) STATEMENT OF INTENT TO CHANGE ELECTRIC RATES; SUSPENDING THE SCHEDULE OF RATES OF HL&P FOR A PERIOD OF NINETY (90) DAYS FROM THE EFFECTIVE DATE THEREOF; AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, on November 23, 1988, the Houston Lighting & Power Company (HL&P) filed a Statement of Intent to change its rates for electric service within the City of La Porte and has requested that said changes become effective on December 29, 1988; and WHEREAS, HL&P has filed revised Tariff Schedules together with statements specifying in detail each proposed change, a rate filing package, and supporting testimony; and WHEREAS, Section l7(a) of the Public Utility Regulatory Act, Article l446c, Texas Revised Civil Statutes, gives the governing body of each municipality exclusive original jurisdiction over electric rates within its municipal boundaries; and WHEREAS, Secction 43(d) of the Public Utility Regulatory Act authorizes the governing body of any municipality acting as a Regulatory Authority to suspend the operation of any proposed change in rates for a period not to exceed 90 days beyond the date on which the scheduled rates would otherwise go into effect, which period may be further extended for an additional 150 days by the Texas Public Utility Commission; and WHEREAS, HL&P's proposed rate changes and the detailed material supporting those changes require comprehensive evaluation and study; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the changes in rates for electric service within the City of La Porte proposed by Houston Lighting & Power Company to become effective on December 29, 1988, should be and are suspended for a period of 90 days beyond said proposed effective date, subject to an additional possible suspension of up to 150 days beyond said date by the Texas Public Utility Commission. Section 2. This Ordinance shall be effective immediately upon its passage and approval. e e ORDINANCE NO. lfi25 Page 2 PASSED AND APPROVED, this 12th day of December, 1988. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: City Secretary APPR:~ED: . ~ a~~d'{'z:J ~ City Attorney e e The Light ~!o~~n~~w!____._ h_.._.____!:_~:_~()~_5.~~._ Seabrook, _Te~~_~?5~~_j?13) 474-4151 November 23, 1988 Honorable Mayor and City Council City of La Porte Post Office Box 1115 La Porte, Texas 77571 Dear Mayor Malone and City Council: Houston Lighting & Power proposes to adjust its rate schedules, in accordance with the attached rate filing package. The reasons for this rate adjustment are to reflect changes in the Company's operating expenses and capital costs, which are largely attributable to the commercial operation of two new generating facilities, the South Texas Project Unit 1 and the Limestone Electric Generating Station Unit 2. Ye are including with this letter a Petition for Authority to Change Rates, the proposed revised rate schedules for the Company's. tariff, and supporting testimony which has also been filed today with the Public Ut~ity Commission of Texas and other municipalities served by the Company. We have requested that the new rates become effective on December 29, 1988, and apply to all service taken by each customer on or after that date. The rate changes sought in each municipality and in the area under the original jurisdiction of the Public Utility Commission are uniform for each customer class throughout the Company's service area. Ye believe this rate adjustment is in the best interest of both the Company and the customers and communities we serve. It is a privilege to serve your City, and it will remain our objective to keep our rates at the lowest reasonable level --- consistent with providng reliable service. (1:;e;a: Jlam:~"L wy;j/ District Manager JLW/jm Enclosures 1f7 If.. ' .PI! / / ":> / . r/ Received: L../'0VJ.?.-;/}WLc/~ Date: 1/1:;" df f~ A Subsidiary of Houston Industries Incorporated e e The Light cOlDpany P. O. Box 597 Seabrook, Texas 77586 (713) 474-4151 Houston Lighting & Power-_........-_._..___ . _._._,_.,.~.~._,,__..~___..., .~_w November 23, 1988 Mayor Norman Malone City of La Porte P. O. Box 1115 La Porte, Texas 77571 RE: Petition of Houston Lighting & Power Company for a Final Reconciliation of Fuel Costs Through September 30, 1988 Dear Mayor Malone: In accordance with the Public Utility Commission's ( "PUCT" or "Commission") Rules of Practice and Procedure, Houston Lighting & Power Company ("HL&P" or the "Company") is hereby providing notice to the City of La Porte that HL&P has petitioned the Commission to approve a final reconciliation of Company fuel costs through the period ending September 30, 1988. A copy of the Petition is attached to this letter to further explain the basis for HL&P's requested reconciliation. In this regard, it should be emphasized that HL&P is seeking no change in its present rates as a result of filing this Petition. Because the Utility Commission has original jurisdiction over reconcilable fuel costs and approval of HL&P's fuel cost factors, no municipal action is requested or necessary in connection with this matter. The attached Petition is provided to the City solely for the purpose of giving notice of the PUCT proceeding. If you have any questions regarding this notice or the Company's request to the Commission for a fuel reconciliation, please feel free to contact me at (713) 474-2343. ~er;~?~ .... James L. 1J~ District Mager JLW/jm Attachment RECEIVED BY (lh/7LJtd TITLE / 1.it('AL~'1 DATE 11!:J3/SY , I A Subsidiary of Houston Industries Incorporated I. " . e DOCKET NO. e I PETITION OF HOUSTON LIGHTING * PUBLIC UTILITY COMMISSION & POWER COMPANY FOR A FINAL * RECONCILIATION OF FUEL COSTS * OF TEXAS THROUGH SEPTEMBER 30, 1988 * PETITION OF HOUSTON LIGHTING & POWER COMPANY FOR A RECONCILIATION OF FUEL COSTS THROUGH SEPTEMBER 30, 1988 Houston Lighting & Power Company ("HL&P" or the "Company") hereby files this petition for a final reconciliation of fuel costs through September 30, 1988 and in support of this request would show the Public Utility Commission of Texas ("PUCT" or "Commission") as follows: Identification of Parties The applicant in this proceeding is: Houston Lighting & POw&r Company 611 Walker Houston, Harris County, Texas 77002 Bus. Telephone Number: (713) 228-9211 This petition requests that the Company be authorized to continue use of its present fuel cost factors ($.019898/kwh and $.018809/kwh for distribution and transmission voltage service respectively), which were implemented in accordance with the Commission's final order in Docket No. 6765 and are components of various Rate Schedules in HL&P's presently approved "Tariff for Electric Service" on file with the Commission. Therefore, the requested reconciliation will have no effect on the current electric rate' of any individual cuAmer or class of I customers. statement of Facts As a result of the final order in Docket No. 6765, the Commission completed a final reconciliation of all reconcilable fuel costs, except coal costs, incurred by HL&P from August 1, 1984 through April 30, 1986. Reconcilable coal costs were to be considered in a separate proceeding, Docket No. 6963. (See Docket No. 6765 Examiners' Report, Conclusion of Law No. 28. ) Thereafter, the C~~ission in Docket No. 6963 determined that HL&P should be permitted to reconcile the long term coal contract component of the Company's reconcilable fuel costs for the period from August 1, 1984 through December 31, 1987. The final order in Docket No. 6963 also ordered that all other coal costs would be reconciled through March 31, 1986. While the reconciliation of all coal costs considered in Docket No. 6963 would be made based on the actual cost of coal purchased as reflected in the books and records of HL&P (see Docket No. 6963 Order of May 16, 1988, Conclusion of Law No. 6), review of these books and records was deferred. HL&P's reconcilable fuel cost underrecovery balance through September 30, 1988 is $29.86 million plus accumulated interest of $2.95 million, which amounts to a total underrecovery balance of approximately $32.81 million. GWS005SG - 2 - I . since thetteriod covered by the last~nal reconciliation I of f~el costs, HL&P has (i) generated electricity and operated its system efficiently, (ii) maintained effective cost controls over fuel related activities, and (iii) negotiated contracts that have resulted in the lowest reasonable cost of fuel to Company ratepayers. In addition over that same period all fuel related expenses paid to utility Fuels, Inc. ("UFI"), an HL&P affiliate, have been reasonable and necessary; and the prices paid by HL&P to UFI for fuel and related services have been no greater than prices charged by UFI to any other party for the same items or class of items. Requested Relie~ In light of the above discussed events and circumstances, HL&P requests that this Commission undertake a final reconciliation of its reconcilable coal costs for the period from August 1, 1984 through September 30, 1988 and all other reconcilable fuel costs from May 1, 1986 through September 30, 1988 so that at the completion of the review all of the Company's reconcilable fuel costs will have been reconciled through September 30, 1988. In that regard, the Company proposes that its present fuel cost factors be readopted and that a reconcilable fuel cost underrecovery balance of approximately $32.8 million (inclusive of interest) through September 30, 1988 be acknowledged and approved as reasonable. The Company further estimates that while its monthly over/under recovery balance of reconcilable fuel costs GWS005SG - 3 - is projected t~oth increase and decrea. from its September , 30, 1988 level in the months ahead, this balance is reasonably expected to be less than $40 million underrecovered as of the end of calendar year 1989. In support of this request, the Company is concurrently filinq with this petition the written direct testimony of Messrs. S. W. Naeve, L. G. Brackeen, J. W. Boyd, R. D. Baalman, D. J. Denver, J. S. Brian and F. J. Meyer. Reconciliation Should Be Done Outside the Systemwide Rate Case HL&P would respectfully submit that implementation of the Company's request in this proceedinq, rather than consideration of reconcilable fuel costs in the Company's upcominq systemwide rate case, would serve the public interest for at least three reasons. First, two and one-half years have elapsed since the ,. , -. . Commission's last reconciliation of natural qas and fuel oil costs. For reconcilable coal costs, the time elapsed has been even qreater, more than four years. Over this time frame, HL&P has expended approximately $3.3 billion in reconcilable fuel costs that have not been finally reviewed and reconciled by the Commission. Given the sheer maqnitude of this expenditure, HL&P would submit that it is entirely appropriate and consistent with Substantive Rule 23.23(b) (2) (H) to undertake a final reconciliation at this time. Secondly, under Substantive Rule 23.23 (b) (2) (C), Commission consideration of the Company's fixed fuel factor in GWS005SG - 4 - i the systemwide4ltrate proceeding would fO. on a rate year, I which is defined as "the period in which the factor will be in effect." Given the breadth of South Texas Project issues to be addressed in the next HL&P general rate case, o.ne may reasonably assume that the relevant period of focus for fuel reconciliation purposes would be calendar year 1990. As recent history has shown, it has been extremely difficult to accurately project natural gas prices, even in the near term due to their VOlatility. Therefore, to base findings of fact in any fuel reconciliation proceeding on estimates of natural gas prices that will take effect from thirteen to twenty-five months from now would be highly speculative at best. All parties can offer much better gas price estimates if the period of review is limited to 1989 rather than 1990. Furthermore, HL&P in this ~roceeding is not requesting any change in 'the Company's present fixed fuel factors. Only a reconciliation of the fuel cost underrecovery balance through September 30, 1988 is sought. Thus, ratepayers will see no change of rates as a result of this proceeding if the Company's recommendation herein is adopted. If over the . next twelve months, circumstances indicate that the present fuel factor should be changed, either higher or lower, then certainly all parties would be free to make such a request in either the systemwide rate case or a separate proceeding. [Substantive Rul e 23. 23 (b) (2) (H) . ] GWS005SG - 5 - i . . e Jurisdiction e . The Commission has jurisdiction over the parties and subject matter of this proceedinq in accordance with the Public utility Requlatory Act1 sections 16(a) and 43(q) and Commission Substantive Rule 23.23 (b) (2) (H) . In addition, HL&P has commenced publication of notice of this proceedinq to its ratepayers in accordance with the Commission Rules of Practice and Procedure 21.22(b). A copy of this notice is attached to this Petition as Exhibit "A." Authorized Representative The authorized representative of Houston Liqhtinq & Power Company is: Mr. R. S. Letbetter, Group Vice President Finance & Requlatory Relations P. O. Box 1700 Houston, Texas 77251 , . '. , Bus. Telephone Number: (713 ) 229-7221 WHEREFORE, PREMISES CONSIDERED, Houston Liqhtinq & Power Company prays that this petition be qranted; that the present fuel cost factors of $.019898jkwh for distribution voltaqe service and $.018809jkwh for transmission voltage service as set forth in various Rate Schedules in the Company's "Tariff for Electric Service" be found reasonable; that $32.8 million 1 STAT. ANN. art. 1446(c) (Vernon's Supp. TEX. REV. CIV. 1988) . GWS005SG - 6 - f - . - be found reas.able as the Company's AUlative fuel cost . underrecovery balance inclusive of interest, through September 30, 1988; and for such other and further relief to which the Company may be entitled. Respectfully submitted, ~~(f IC KELLY .f-- Seni ce President and General Counsel State Bar No. 11220500 GEORGE W. SCHALLES III Managing Attorney Requlatory Law state Bar No. 17725500 HARRIS S. LEVEN Sr. Counsel State Bar No. P. O. Box 61867 Houston, Texas 77208 (713) 229-7418 '. OF COUNSEL: I. JAY GOLUB State Bar No. 08115000 BAKER & BOTTS 3000 One Shell 3000 One Shell Houston, Texas 77002 Houston, Texas 77002 (713) 229-1246 Attorneys for HOUSTON LIGHTING & POWER COMPANY - - GWS005SG - 7 - ( e e , NOTICE OF FUEL RECONCILIATION REQUEST Houston Lighting & Power Company has filed a Petition with . the Public utility Commission of Texas ("Commission") requesting that the Cw__ission institute proceedings to review and reconcile HL&P's fuel and fuel transportation costs with the revenues collected through HL&P's fixed fuel factor through September 30, 1988. HL&P is seeking no change in its fixed fuel factor as part of this request, and therefore the requested reconciliation will have no effect on the current rates of any individual customer or class of customers. Persons who wish to intervene or otherwise participate in these proceedings should notify the Commission as soon as possible. A request to intervene, participate, or for further information should be mailed to the Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757. Further information may also be obtained by calling the Public utility Commission Public Information Division at (512) 458-0223 or (512) 458-0227, or (512) 458-0221 teletypewriter for the deaf. ", e e REOUEST FOR CITY COUNCIL AGENDA ITE~ Agenda Date Requested: December 12, 1988 Requested By: Knox W. Askins It.vJ./( Department: City Attorney I Repo rt Resolution x Ordinance Exhibits: Ordinance No. 1626, Final Armexation Ordinance on BMIJD SUMMARY & RECOMMENDATION Ordinance 1626 finally armexes the Bayshore Municipal Utility District to the Ci ty of La. Porte, effective December 31, 1988, and a.l:-'.l:-'.Loves the Service Plan attached to the Ordinance. Action Required by Council: Adoption of the Ordinance "_... -,.~ --,,- Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sha ring Other (Motor Pool Replacement Fund) Account Numbe r: Funds Available: _ YES _ NO AJ!.orovej!A"~ity CODoeil beoda J2/B/R6 Roil( He;;era DATE { I Cl anager e e ORDINANCE NO. 1626 AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF LA PORTE, TEXAS, TO EMBRACE AND INCLUDE TERRITORY WITHIN CERTAIN BOUNDARIES COMPRISING THE BAYSHORE MUNICIPAL UTILITY DISTRICT~ ANNEXING TO THE CITY OF LA PORTE, TEXAS, TERRITORY WITHIN SUCH BOUNDARIES~ APPROVING A SERVICE PLAN FOR SUCH TERRITORY~ MAKING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT~ AND PROVIDING SAVING AND SEVERABILITY CLAUSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte has heretofore adopted a Horne Rule Charter granting the City Council the power by ordinance to fix the boundary limits of the City of La Porte and to provide for the extension of said boundary limits, and the annexation of additional territory lying adjacent to the City. This annexation proceeding is conducted pursuant to the authority granted by said Horne Rule Charter~ by Article 1175, Revised Civil Statutes~ and by the Municipal Annexation Act of 1963, compiled as Chapter 43, Texas Local Government Code, including, but not limited to, the authority to annex municipal utility district by a horne-rule municipality, contained in Section 43.072, Texas Local Government Code. Section 2. The City Council of the City of La Porte hereby finds, determines and declares that the hereinafter described territory is composed of two (2) tracts, one of which is adjacent and contiguous to the present city limits of the City of La Porte, and the other of which is not contiguous to the City of La Porte~ and that said territory lies within the exclusive extraterritorial jurisdiction of the City of La Porte, and that the annexation of said territory to the City of La Porte will promote the general health, safety and welfare of persons residing within the City and within the hereinafter described territory. Section 3. The City Council of the City of La Porte has heretofore, on August 22, 1988, passed and approved Ordinance No. 1596, directing the City's Department of Community Development to prepare a Service Plan that provides for the extension of municipal services to the area comprising the Bayshore Municipal Utility District, proposed to be annexed by the City of La Porte. The City Council of the City of La Porte has heretofore, on September 12, 1988, passed and approved Ordinance No. 1602, e e ORDINANCE NO. 1626 Page 2 approving a Service Plan for the extension of municipal services to the area comprising the Bayshore Municipal Utility District, proposed to be annexed by the City of La Porte, as prepared by the City's Department of Community Development. The City Council of the City of La Porte has heretofore, on October 10, 1988, passed and approved Ordinance No. 1609, declaring its intention to institute proceedings to annex the hereinafter described territory, comprising the Bayshore Municipal Utility District. Two public hearings were called, and were held on November 7, 1988, at the Bayshore Elementary Cafetorium, 301 Bay Oaks, La Porte, Texas, being a location within the territory proposed to be annexed, and on November 14, 1988, at the City Hall of the City of La Porte, at which public hearings all interested parties were given an opportunity to be heard, and the proposed Service Plan was made available for public inspection and explained to the inhabitants of the Bayshore Municipal Utility District. Notice of such public hearings was given by publication of Ordinance No. 1609 in the Bayshore Sun on October 26, 1988 and November 2, 1988, said newspaper having general circulation in the City of La Porte and in the territory proposed to be annexed. Such notices and hearings were all in conformity with the Municipal Annexation Act of 1963, codified as Chapter 43, Texas Local Government Code, as amended. Section 4. The City Council of the City of La Porte hereby institutes annexation proceedings as to the following described territory, and the same is hereby declared annexed to the City of La Porte, Texas, and the boundary limits of the City of La Porte, Texas, be, and the same are hereby, extended to include the following described territory within the city limits of the City of La Porte, and the same shall hereafter be included within the territorial limits of the City of La Porte, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City of La Porte, and they shall be bound by the acts, ordinances, resolutions and regulations of the City of La e e ORDINANCE NO. 1626 Page 3 Porte, effective December 31, 1988, the completion date of this annexation proceeding. Section 5. Subject to all sections of this ordinance, the corporate limits of the City of La Porte, Texas, are hereby extended to embrace and include all of the territory within the boundaries set out in Exhibit "B", which exhibit is attached hereto, incorporated herein by this reference and made a part hereof for all purposes, and such territory is hereby annexed to and made a part of the City of La Porte, Texas for general purposes, effective December 31, 1988. Section 6. A Service Plan for the territory within the boundaries set out in Exhibit "B" is hereby approved as part of this ordinance. Such Service Plan is set out in Exhibit "A", which is attached hereto, incorporated herein by this reference and made a part hereof for all purposes. Section 7. This Ordinance shall not repeal, impair, modify or in anywise affect any other ordinance annexing territory to the City of La Porte, or any other ordinance heretofore passed on one or more readings and not yet passed on final reading, annexing any territory to the City of La Porte, but such other ordinance or ordinances shall remain and continue to be effective to their intent and purpose as therein stated, wholly unaffected in any way or manner by the passage of this ordinance. This ordinance shall not in anywise be impaired or affected by any other ordinance heretofore introduced or passed on any reading, whether final or not~ nor shall it be affected by any other ordinance which may hereafter be introduced or passed on one or more readings, pending the final passage of this ordinance~ and this ordinance shall be effective to its intent and purpose as hereinabove stated, wholly unaffected by any other annexation ordinance introduced and passed or hereafter introduced and passed on any reading, whether final or not final, annexing territory to the City of La Porte, and wholly unaffected by any ordinance heretofore or hereafter passed calling a hearing and giving notice relative to the institution of any annexation e e ORDINANCE NO. 1626 Page 4 proceedings. The procedure initiated hereby and the annexation proceedings instituted hereunder shall be independent of any other proposed and pending annexation of such territory, and such other proceedings shall not be affected hereby. Section 8. It is the intention of the City of La Porte, Texas, and its City Council to comply with all applicable provisions of the City Charter and of the Constitution and Laws of the Federal government of the United States of America and the State of Texas, and this ordinance shall be interpreted and construed in harmony therewith. Section 9. 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 10. Should any section or part of this ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitionality, illegality, invalidity, or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portion or portions, the same shall be and remain in full force and effect; and should this ordinance for any reason be ineffective as to any part of the territory hereby annexed to the City of La Porte, such ineffectiveness of this ordinance as to any such part or parts of any such territory shall not affect the effectiveness of this ordinance as to all of the remainder of such territory, and the City Council hereby declares it to be its purpose e e ORDINANCE NO. 1626 Page 5 to annex to the City of La Porte every part of the territory described in Exhibit "an of this ordinance, regardless of whether any other part of such described territory is hereby effectively annexed to the City. Provided, further, that if there is included in the description of the territory set out in Exhibit nan of this ordinance to be hereby annexed to the City of La Porte, any lands or area which are presently part of and included within the general limits of the City of La Porte, or which are presently part of and included in the limits of any other city, town, or village, or which are not within the jurisdiction or power of the City of La Porte to annex, the same is hereby excluded and excepted from the territory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein. It is the intention of the City Council of the City of La Porte to annex to the City of La Porte, all of the territory comprising the aayshore Municipal Utility District. Section 11. This ordinance shall be effective upon its passage and approval. The annexation proceeding approved by this ordinance shall be effective December 31, 1988. PASSED AND APPROVED, this 12th day of December, 1988. CITY OF LA PORTE ay Norman L. Malone, Mayor ATTEST: City Secretary A6;~L City Attorney e e EXHIBIT "An Page I of 4 SERVICE PLAN FOR A TRACT OF LAND COMPRISING THE BAYSHORE MUNICIPAL UTILITY DISTRICT I. INTRODUCTION This Service Plan ("Plan") is made by the City of La Porte, Texas ("City") pursuant to Section 43.056, of the Texas Local Government Code ("Code"). This Plan relates to the annexation by the City of a tract of land ("Tract") comprising the Bayshore Municipal Utility District. The Tract is described by metes and bounds on Exhibit "B" which is attached to this Plan and to the annexation ordinance of which this Plan is a part. II. TERM; EFFECTIVE DATE This Plan shall be in effect for a term of ten years commencing on the effective date of the annexation of the Tract. Renewal of this Plan shall be at the discretion of the City. Such opiton may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a stated period of time. III. SERVICE PROGRAMS A. In General. This Plan includes two service programs: ( i ) the Early Action Program, described below, and (ii) a Capital Improvement Program, described below. B. Scope and Quality of Services. Services under this Plan shall equal or exceed the number of services and the level of services in existence in the Tract prior to annexation. However, it is not the intent of this Plan to require that a uniform level of services be provided to all areas of the City (including the Tract) where differing characteristics of topography, land utilization and population density are considered as sufficient basis for providing differing service levels. C. Definitions. 1. As used in this Plan, providing services includes having services provided by any methods or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services, in whole or in part. 2. As used in this Plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at the time that the service is requested or at the time that the service is made available or provided. The policies and procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid, and they may include eligibility requirements and similar provisions. D. Early Action Program. 1. Statutory Services. The statutory services will be provided within the Tract within sixty days after the effective date of this Plan, except as otherwise indicated. The statutory services are as follows: e e EXHIBIT "Aft Page 2 of 4 a. Police Protection. The Police Department of the City will provide protection and law enforcement in the Tract. These activities will include normal patrols and responses, the handling of complaints and incident reports, and other usual and customary police services. b. Fire Protection. The Fire Department of the City will provide fire protection in the Tract. c. Solid Waste Collection. Residential collection services will be provided by City forces. Non-residential services and future residential service will be governed by standard policies and procedures. d. Maintenance of Water and Wastewater Facilities. Those water and wastewater facilities included in the Capital Improvement Program, below, will be maintained by an appropriate division of the Department of Public Works or, for a limited period of time, by the Bayshore Municipal Utility District which is to be dissolved. Should any extensions of such facilities be made within the Tract, normal maintenance servcies will be provided. e. Maintenance of Public Roads and Streets (including lightinq). The Department of Public Works will provide maintenance of roads and streets over which the City will have jurisdiction. (See Capital Improvement Program, below.) The City of La Porte will provide services relating to traffic control devices for such roads and streets, and will maintain existing public street lighting for such public roads and streets through the Houston Lightin & Power Company or by other means. f. Maintenance of Parks, Playgrounds and Swimming Pools. There are no existing Public Park facilities to be maintained. Should any such facilities be constructed by the City within the Tract, the Department of Parks and Recreation will provide maintenance services for them. g. Maintenance of Any Other PubliCly-owned FacilitYL Building or Service. Any other publicly-owned facility, building, or service included in the Capital Improvement Program, below, will be maintained by an appropriate City department, as needed; unless such publicly-owned facility, building, or service, is dedicated to, owned by, or provided by other public agencies. Should any such facilities, buildings or services be constructed or located by the City within the Tract, an appropriate City department will provide maintenance services for them. 2. Additional Services. Certain services, in addition to the statutory services, will be provided within the Tract to the same extent they are provided to similar territories elsewhere in the City. These are as follows: a. Library services from existing facilities and future facilities outside the Tract. b. Health services in accordance with standard policies and procedures. c. Emergency rescue and ambulance services by the City's Emergency Medical Services Division, in accordance with standard policies and procedures. d. Enforcement of City codes and ordinances. e e EXHIBIT RAw Page 3 of 4 E. Capital Improvement Program. The City will initiate the construction or acquisition of capital improvements necessary for providing municipal services for the Tract. Those improvements which are necessary are indicated below, and any necessary construction or acquisition shall begin within two years of the effective date of this Plan, except as otherwise indicated. 1. Police Protection. Police protection for the Tract can be provided by using existing capital improvements. Additional capital improvements are not necessary at this time to provide police protection to the Tract. However, the Tract will be included with other territory in connection with planning for new, revised or expanded police facilities. 2. Fire Protection. Fire protection for the Tract can be provided by using existing capital improvements. Additional capital improvements are not necessary at this time to provide fire protection to the Tract. However, the Tract will be included with other territory in connection with planning for new, revised, or expanded fire-fighting facilities. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services within the Tract as described in the Early Action Program. However, the Tract will be included with other territory in connection with planning for new, revised or expanded solid waste facilities. 4. Water and Wastewater Facilities. Those water and wastewater facilities (including any under construction) owned by Bayshore Municipal Utility District will be acquired by the City. Future extensions of public water or wastewater facilities will be governed by standard pOlicies and procedures, and the Tract will be included with other territory in connection with planning for new, revised or expanded public water and wastewater facilities. With respect to utility district facilities and utility district funds to be acquired the City will: a. assume all reasonable commitments and contracts made by the district in the ordinary course of business prior to the dissolution of the district, conditioned upon sufficient capacity having been provided for by the district; b. assist the district with bond approval and sale for planned capital improvements which are in keeping with the City's water and wastaewater systems; c. expedite the approval of plans and bond applications in order to meet the time constraints imposed by annexation and the dissolution of the district; d. allow the district's residents and property owners, who have or would have contributed to the retirement of district bonds prior to annexation, a reasonable opportunity to obtain the use of utility capacity of the district's bond funds have been used to pay for such capacity; and e. expend unobligated proceeds of the district's bonds for projects which are consistent with the purposes for which the proceeds may be lawfully used, which may include providing water, wastewater or drainage services for residents and properties within the boundaries of the annexed district, such projects to be undertaken in a timely manner. 5. Roads and Streets (including lighting). In general, the City will acquire dominion, control, and jurisdiction in, over and under public roads and streets within the Tract upon annexation, e e EXHIBIT "A" Page 4 of 4 pursuant to art. 1175, V.A.T.S., and similar provisions, subject to the jurisdiction of other governmental entities. Additional roads, streets or related facilities are not necessary at this time to serve the Tract. Future extensions of roads or streets and future installation of related facilities such as traffic control devices or street lights will be governed by standard policies and procedures. The Tract will be included with other territory in connection with planning for new, revised, widened or enlarged roads, streets or related facilities. 6. Parks, Playgrounds and Swimming Pools. These services can be provided by using existing capital improvements. Additional capital improvements are not necessary at this time to provide such services to the Tract. However, the Tract will be included with other territory in connection with planning for new, revised or expanded parks, playgrounds and swimming pools. 7. Other Publicly Owned Facilities, Buildings or Services~ Additional Services. In general, other City functions and services, and the additional services described above, can be provided for the Tract by using existing capital improvements. However, those drainage facilities (including any under construction) owned by Bayshore Municipal Utility District will be acquired by the City. Additional capital improvements are not presently necessary. However, the Tract will be included with other territory in connection with planning for new, revised or expanded facilities, functions and services, including the additional services described above. IV. AMENDMENT~ GOVERNING LAW This Plan may not be amended or repealed except as provided by the Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to, and shall be interpreted in accordance with the Code, the Constitution and laws of the United States of America and the State of Texas, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. V. FORCE MAJEURE Should a force majeure interrupt the services described herein, the City shall resume services under this Plan within a reasonable time after the cessation of the force majeure. "Force majeure", for the purposes of this Plan, shall include, but not be limited to, acts of God, acts of the public enemy, war, blockade, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of government, explosions, collisions and any other inability of the City, whether similar to those enumerated or otherwise, which is not within control of the City. VI. ENTIRE PLAN This document contains the entire and integrated service plan relating to the Tract and supercedes all other negotiations, representations, plans and agreements, whether written or oral. e e EXHIBIT "Bn Page 1 of 2 BOUNDARIES OF TWO TRACTS OF LAND COMPRISING THE BAYSHORE MUNICIPAL UTILITY DISTRICT AS DESCRIBED IN VERNON'S TEXAS ANNOTATED CIVIL STATUTES ARTICLE 8280-268 TRACT NO. 1 BEGINNING at the Southeast corner of the R.V. Whiteside 62.512 acre tract, located in the West right-of-way line of State Highway No. 146, said corner being also the Northeast corner of that certain portion of Shore Acres Addition lying West of State Highway No. 146, and being approzimatedly 5,500 feet South and 5,950 feet East of the Northwest corner of the W.P. Harris Survey, Abstract 30; THENCE North 89 deg. 59'45" West, along the South line of said R.V. Whiteside 62.512 acre tract, same being the North line of said Shore Acres Addition, a distance of 5,516 feet, more or less, to a point for corner in the East right-of-way line of the G.H. & S.A. Railroad, such point being the Northwest corner of said Shore Acres addition and the Southwest corner of said R.V. Whiteside 62.512 acre tract; THENCE North 7 deg. 18'32" West, along said East right-of-way line of the G.H. & S.A. Railroad, said line being along the West lines, respectively, of the R.V. Whiteside 62.512 acre tract, the Ralph Liles 52.12 acre tract, the Robert F. Harris 107 acre tract, and the Charles E. McCabe 28 acre tract, and continuing along said East right-of-way line of the G.H. & S.A. Railroad, a total distance of 2,350 feet, more or less, to a point of intersection with a Westerly projection of the North right-of-way line of McCabe Road; THENCE in an Easterly direction with said Westerly projection of said North right-of-way line of McCabe Road with said North right-of-way line, same being along the South lines of the B.F. Weems 74 acre tract and Tidewood Addition, and continuing in the same Easterly direction across State Highway 146, a distance of 5,950 feet, more or less, to a point of intersection with the East right-of-way line of State Highway 146; THENCE in a Southerly direction along said East right-of-way line of State Highway 146 a distance of 100 feet, more or less, to the North line of Pine Bluff Addition; THENCE in an Easterly direction along said North line of Pine Bluff Addition, a distance of 1,350 feet, more or less, to a point on the West Shoreline of Galveston Bay; THENCE in a generally Southerly and Easterly direction along the meanders of the West Shoreline of Galveston Bay, same being along the East lines, respectively, of Pine Bluff Addition, Bayside Terrace Addition and Bay Oaks Addition, and the W.M. Rose 1.08 acre tract, a distance of 3,000 feet, more or less, to the southeast corner of said W.M. Rose 1.08 acre tract, same also being the Northeast corner of Shore Acres Addition; THENCE in a Westerly direction along the South lines of the W.M. Rose 1.08 acre tract, 0.39 acre tract, and 0.288 acre tract, same being along the North line of said Shore Acres Addition, and continuing in the same Westerly direction, crossing State Highway 146, a distance of 3,000 feet, more or less, to a point in the West right-of-way line of said State Highway 146; THENCE in a Northerly direction along said West right-of-way line of State Highway 146, a distance of 125 feet, more or less, to the Southeast corner of the R.V. Whiteside 62.512 acre tract, the point of beginning, said area lying wholly within the W.P. Harris Survey, Abstract 30, Harris County, Texas, and containing 396 acres or 0.62 square miles, more or less. e e . . EXHIBIT "B" Page 2 of 2 TRACT NO. 2 BEGINNING at the Northwest corner of Shady Oaks Addition in the East right-of-way line of state Highway 146, same being the Southwest corner of that certain portion of Shore Acres Addition lying East of State Highway 146; THENCE Easterly along the North lines, respectively, of Shady Oaks Addition, the Lloyd T. Moody 14 acre tract and the J.G. Head 42.5 acre tract, the same being along the South line of Shore Acres Addition, a distance of 6,200 feet, more or less, to a point on the West Shoreline of Galveston Bay; THENCE in a generally Southerly and Easterly direction along the meanders of the West Shoreline of Galveston Bay, same being along the East line of said J.G. Head 42.5 acre tract, a distance of 1,000 feet, more or less, to the Southeast corner of the J.G. Head 42.5 acre tract; THENCE Westerly with the South lines, respectively, of the J.G. Head 42.5 acre tract, the Lloyd T. Moody 14 acre tract, and Shady Oaks Addition, same being along the North line of the Humble Oil and Refining Company tract, a distance of 6,800 feet, more or less, to a point in the East right-of-way line of State Highway 146, said point being the Southwest corner of Shady Oaks Addition; THENCE Northerly along the East right-of-way line of State Highway 146, same being the West line of Shady Oaks Addition, a distance of 750 feet, more or less, to the Northwest corner of said Shady Oaks Addition, the point of beginning, said area lying wholly within the W.P. Harris Survey, Abstract 30, Harris County, Texas, and containing 108 acres or 0.17 square miles, more or less. ------------ --- ----- ----- - -- e e REOUEST FOR CITY COUNCIL AGENDA ITEM -.---.....-.... . .-..,-- Agenda Date Requested: December 12, 1988 Requested By: Knox W. Askins tL.vl.K Department: City Attorney I Report Resolution x Ordinance Exhibits: Ordinance No. 1627 SUMMARY & tiECOMMENDATION As required by Section 2.01, of the Heme Rule Charter of the City of La Porte, and as discussed by City Council at its November 14th meeting, Ordinance No. 1627 adds the Bayshore Municipal Utility District territory, armexed to the City of La Porte by Ordinance No. 1626, to City Council District #5. . Action Required by Council: Passage of Ordinance No. 1627. Availability of Funds: General Fund Water/Wastewater Capital Improvement Gene ral Revenue Sha ring Other (Motor Pool Replacement Fund) Account Number: Funds Available: _ YES _ NO Annr~O~~itY Council A~e~ }2/9/BB Robe '{; Herrera DATE I I City nager - ------ -------------------- - -----------,----- . e - ORDINANCE NO. 1627 AN ORDINANCE ADDING THE TERRITORY COMPRISING THE FORMER BAYSHORE MUNICIPAL UTILITY DISTRICT, TO CITY COUNCIL DISTRICT #5: 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 has finally annexed the territory comprising the former Bayshore Municipal Utility District, to the City of La Porte, by Ordinance No. 1626, such annexation to be effective December 31, 1988. Pursuant to Section 2.01, of the Home Rule Charter of the City of La Porte, the City Council of the City of La Porte adds the territory of the former Bayshore Municipal Utility District, to adjacent City Council District #5. No new polling places are added, and the residents of the Bayshore Municipal Utility District shall vote at La Porte Senior High School, 301 East Fairmont Parkway, La Porte, Texas, 77571, the existing polling place for City Council District #5. 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, and it is so ordered. PASSED AND APPROVED, this 12th day of December, 1988. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: City Secretary APPROVED' ~ 6tMx c:J . City Attorney REOU~ FOR CITY COUNCIL AGENDA ~ - Agenda Date Requested: December 12. 1 C)88 Requested By: JO~brecht Department:Communitv Develooment Repo rt Resolution XX Ordinance Exhibits: 1) Application from Fred Westergren & Bayshore National Bank 2) Letters from Franchise Utilities 3) Memo from Public Works 4) Utility Verification 5) Map of Street Requesting to be Closed - SUMMARY & RECOMMENDATION Ordinance vacating and permanently closing "I" Street extending 212~56 feet east of Highway 146 service road to the Harris County Flood Control property. The street closure has been requested by Mr. Fred Westergren and Bayshore National Bank to allow for new construction. Ordinance No. 1550 requires the applicant to reimburse the City certain fees for the conveyance of property, as requested, to the adjoining property owners. The fee for the property under consideration is $43,043.40. The request has been reviewed by all franchise utility companies and letters stating they do not have objections to the requested closing are attached. Action Required by Council: Approve request to close "1" Street subject to receiving funds in the amount of $43,043.40. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: ----~.- - Funds Available: - YES - NO - -'-~-- ~_._.~~~-"--' _..~ -. -..-.-.-- _.-- ---.---.--.-.,--------.- -,_._._"-- -,--- - - ----_.._.__.~---_.~~~_. -'--~"_.' _. _..~- ADDrove~v Council A2enda )2/8 hs ~~ Robert T--::~ era ~----------- DA TE I ( City Ma g r -----,--...-..-.-.-.--- ~---- -----'_.~---_...__._- _.-_.__._,~----- ~~ -- -'---'--~-'-'-'----.'-~--- ~------- ------------_.~.~~---- ---~----_. --_.'_._.'-', _._.--,----- ---.-.----.- .. ~ e . . CITY OF LA PORTE APPLICATION FOR THE CLOSING OF STREETS AND ALLEYS Date We, the undersigned owners, Fred Westeraren. Jr. . Trustee ancl Bavshore National Bank of La Port~ of the following described real property located within the City of La Porte, Texas, hereby request and make application under the terms of the Ordinance Number 1550 for the facating, abandoning and closing of the following Streets and/or Alleys: LEGAL DESCRIPTION OF STREETS AND/OR ALLEYS Street(s): West "I" Street between Block 166 and Block 1 71 , Town of La Porte extending east 212.56' from the east rig h t..... 0 f - way line of the SH146 frontage road. No. of Square Feet: 12,753.60 REASON FOR REQUEST To provide additional land area for new construction proposed for Block 166. Plot Plan Attached Proof of Ownership Submitted herewith is an application fee of $100.00. - Fred Westergren, Jr. , Trustee Bayshore National Bank of La P~rte B~"-_~ ~~~y, :;~ , - P; O."""Hox 666 v P . O. Bo - ~,~t.~J" La Porte, Texas 77571 La Porte, 77571 471-5325 471-4400 . APPRAISAL INFORMATION HCAD Prime Rate ;<.;) 5"" per square foot. Adjacent Property HCAD Prime Rate foot. Concurrence of Revenue Controller: Fee to be collected by City: (< ACTION Recommended action to City Council City Council Action Date Ordinance No. dated ~ .. e e The Light COlDpaDY P. O. Box 597 Seabrook, Texas 77586 474-4151 Houston Lighting & November 16, 1988 Cherie Black, City Secretary City of La Porte Post Office Box 1115 La Porte, Texas 77571 re: Street Closure West "I" East of Hwy 146 Dear Ms. Black: Mr. Fred Westergren has requested the City to close and abandon a portion of West "I" Street and you have asked for our concurrence in the closure. Houston Lighting & Power Company has investigated this request and determined we have no facilities within the area to be abandoned. Therefore, our Company can interpose no objection to the request as filed. SincerelU ?:::!:1a~ - District Manager JLW/jm A Subsidiary of Houston Industries Incorporated ENIEX - . P. O. BOX 937, LA PORTE, TEXAS 77571 November 7, 1988 Cherie Black City Secretary, City of La Porte P. O. Box 1115 La Porte, Texas 77572 RE: Closing of West I Street between block 166 and block 171, Town of La Porte extending east 212...56' from east right of way line of the S H 146 Frontage Road. Entex, A Division of Arkla, Inc. has no facilities in or around the area described above and have no objections to the closing .01 said area. ;;::i:!~ Michael T. Stewart Manager La Porte, Texas ~ -- -- --~ - e e @ Southwec,~m Bell 2922 Plum Creek Room 201 Houston, Texas 77087 November l4, 1988 Ms. Cherie Black City of LaPorte P.O. Box 1115 LaPorte, Texas 7757l-lll5 Dear Ms. Black: Regarding your letter dated November 2, 1988, be advised that Southwestern Bell Telephone Company has no facilities in the area, West "I" Street between Block 166 and l7l, Town of LaPorte extending east 212.56' from the east right-of-way line of the SH l46 frontage road. Southwestern Bell has no objections to the closing of the aforementioned area. Any further requests for telephone service within this area will require easements or structures, provided at the owner's expense and at no cost to the Telephone Company, to conform to any further development. Any further questions regarding this matter may be directed to Ms. Gai 1 Dupree on (713) 641-7365. Respectfully, crt- ~ Area Mgr. - Eng. Design Attachment --..--- ---- e e . . (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.~ ~ . -'/~~~~ _. (6) Receipt of comments from Public Works. /attached D Forwarded to City Secretary (7) Comments/Recommendation(s): ~~~ff)~I';~/Jc:r:-fY~'"::." /0 r'l~9'!:1 ~ :::4L/.D~"J-L~'---v. .R~;(:5 "'~QU...urY'/ ~.~~ ~ .......-- 4\ It. 'v~\' -~ )\-)~-?i\t ~;j. (lJ..k~Jt..I:- ul..k Enginee~ Date ector of Cornm. Dev. Date Forwarded ~retary ~L.z..L2#L by 6lngJ . L / Date City Council Action: - - ------------ --------------------- -- --- -------------------------- by Date peoartment Uodates Tax Maps 1" = 100 I U. V. Copy of Ord. in log Files ____________ x - ref files , Form ?b/Ie.t_ I D,A te - ~-....: e F' E (/:...ZCl . DATE: //- 7- 2J' x - REF: KS-S2.L5 . CASE f/: -.---.- - KEY MAP REFERENCE: ~ /- 9 "I" a. fl/M CITY OF LA PORTE COMMUNITY DEVELOPMENT DEPARTMENf Checklist for Street & AlleY/Easement Closing Requests: (1) Public Utilities (a) The City shall check for existing utilities in the Ah ~J-:.L&7~~ 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 / k=.'" _ --~L" (2) Effect on adjacent property and property in surrqunding area. (Does the street closing request "landlock" or seriously di~~ccess of adjacent land?) . ?(/n~r~ d-.~~..-..~~.....J9Y6~~ - ------- --- - ----- (3) Effect on access by fire and other emergency vehicles. ~~i -"l~ ~""I'~~(?'~~:'''''~//~'''''J- /~~~.J~ '~ ..~~M - (4) Review the closing request in regards to future needs (whether immediate or long-term) for: (a) ~ties (water or (sewe71* Ah ~~.RE' . .'(5 ~~/N H'~ ~OAl Op /NE 84/ . - - (b) ~/Th~ghfares/Traffic Patterns* .LfJ6 r?~~~t?=J ~ ~ . (c) Drainagp.ways* ~ ~~h./77/~~ . (d) Other Comprehensive Plan Considerations: Y(and Use Plan ~OrOUghfare' tilities* ~fficial Parks & Rec. Map ~mmunitY Facilities Plan afety Plan ~~~i."~~/Ag~& :-i."... ~~~~~~,q,- . '. . r . . -- ---i~ - ( 0 0 I() Ifl ~ 2 13.9 z + 18.3 7 )c ~ /8) , ) ~\ /6 ~ ~' '--- 14.3 I~ . / '"" e e . CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Phillip Hoza, Engineering Department~~ FROM: Steve Gillett, Public Works Director DATE: November 9, 1988 SUBJECT: STREET CLOSURE REQUEST The Public Works Department has no objections to the request by Mr. Fred Westergren and the Bayshore National Bank to close West "I" Street between Block 166 and Block 171 extending east 212.56' from the east right-of-way line of the SH 146 frontage road. There are no current Public Works facilities located in this right-of-way nor any future plans for such facilities. SG/gs xc: John Joerns, Assistant City Manager Joel Albrecht, Community Development Director REQUa FOa CIU COU~AG~ - Agenda Date Requested: 12-12-88 Requested By: JoeUlbrec~ Department: Comma Deve. Report Resolution XX Ordinance Exhibits: 1) Ordinance No. 1629 2) Exhi bit "A" 3) Letter to John Joerns, dated 10-25-88 ----- . - . .-,,-,.,. ." . ----,... .., SUMMARY & RECOMMENDATION ) The attached ordinance allows the City staff to remove the excess files and unnecessary records that are at least three years old. Section 181.005 of the Local Government Codes requires a City Council to approve an ordinance giving directions to destruct certain records prior to the actual destruction of public records. This Section also requires a Notice of Destruction to be given to the State Librarian prior to the actual destruction of these old public records. The Code Enforcement Division of the Community Development Department has several boxes of residential and commercial plans and specification records that are three years old or older which need to be destroyed. The elimination of these records will clean up our file cabinets as well as help clean up the copy room by eliminating several boxes of plans and countless rolls of building plans. This request is in keeping with the requirements of the Texas Municipal Records Manual, which sets the retention period for all municipal documents. Action Required by Council: Approve of ordinance and instruct staff to notify the State Librarian of the records proposed to be eliminated as required by Section 181.005 of the Local Government Codes. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: _ YES - NO - r City Cou~l Agenda 12/s ~ DA TE I / e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM OCTOBER 25, 1988 TO: John Joerns, Ass1st~itY Manager FROM: Joel H. AlbreCh~ ector of Community Development SUBJECT: Plan of Action fo Destruction of Public Records Attached is our plan of action for the destruction of old Code Enforcement records., GOAL - Destruction of Public Records OBJECTIVES: 1) Selection of records (commercial and residential building permit drawings that are at least three (3) years old) 2) Pass ordinance directing destruction of certain records 3) Description of records 4) Notification of State Librarian, Mr. W. B. Gooch, of proposed action 5) Disposal of records Due to the schedule of getting an ordinance drawn, I am going to provide Mr. W. B. Gooch, the State Librarian, with a letter describing the items to be disposed of and attempt to get his approval this week. JHA/neb Attachment e e . ORDINANCE NO. i' :J. q AN ORDINANCE PROVIDING FOR THE DESTRUCTION OF CERTAIN ORIGINAL PUBLIC RECORDS; DIRECTING THE CITY SECRETARY OF THE CITY OF LA PORTE TO NOTIFY THE STATE LIBRARIAN OR STATE ARCHIVIST OF THE PROPOSED DESTRUCTION OF SAID RECORDS; MAKING CERTAIN FINDINGS OF FACT PERTINENT TO THE DESTRUCTION OF SAID RECORDS; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW AND PROVIDING FOR AN EFFECTIVE DATE; WHEREAS, the City of La Porte is in possession of public records outlined on Exhibit "A", attached to this Ordinance and incorporated by reference herein; and WHEREAS, the City Council of the City of La Porte hereby finds that the records outlined on Exhibit "A" are worthless, and are not public records that pertain to matters in litigatio~; and WHEREAS, the City Council of the City of La Porte deems it to be a wasteful practice to maintain and house said worthless public records; and WHEREAS, Vernon Texas Codes Annotated, Local Government Code, Chapter 181, Section 181.005 provides for the destruction of original public records that are deemed worthless by the City Council; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby adopts and ratifies the above stated findings of fact as true. Section 2. The City Secretary of the City of La Porte is directed to notify the State Librarian that the original public records outlined on Exhibit "A", attached to this ordinance are proposed to be destroyed by the City of La Porte. The City Secretary of the City of La Porte is directed to obtain the consent of the State Librarian prior to the destruction of any of said original public records, and is further directed to transfer to the State Librarian or State Archivists any records that are deemed by said State Librarian or State Archivists to be of a historic nature. Section 3. Upon receipt of the consent from the State Librarian for the destruction of said original public records, the City Secretary of the City of La Porte is directed to provide e e . Page 2, Ordinance No. I (p ~Cj for the destruction of said original public records outlined on Exhibit "A" attached to this ordinance. Section 4. That the City Council officially finds, deter- mines, 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 5. That this Ordinance shall take effect and be in full force immediately upon and after its adoption. PASSED AND APPROVED THIS THE DAY OF , 1988. CITY OF LA PORTE By: NORMAN MALONE, Mayor ATTEST: By: CHERIE BLACK, City Secretary APPROVED: e e . .:.. .--. EXHIBIT "A" Selected records including commercial and residential building permits, drawings and specifications that are at least three (3) years old and have no historic value, and are not involved in any litigation. e e , ' .. .--:: CITY OF LA PORTE INTER-OFFICE MEMORANDUM OCTOBER 25, 1988 ..' TO: John Joerns, Assist~;City Manager FROM: Joel H. AlbreCh~ ~ctor of Community Development SUBJECT: Plan of Action for Destruction of Public Records I Attached is our plan of action for the destruction of old Code Enforcement records., GOAL - Destruction of Public Records OBJECTIVES: 1) Selection of records (commercial and residential building permit drawings that are at least three (3) years old) 2) Pass ordinance directing destruction of certain records 3) Description of records 4) Notification of State Librarian, Mr. W. B. Gooch, of proposed action 5) Disposal of records Due to the schedule of getting an ordinance drawn, I am going to provide Mr. W. B. Gooch, the State Librarian, with a letter describing the items to be disposed of and attempt to get his approval this week. JHA/neb Attachment e e REOUEST FOR CITY COUNCIL AGENDA ITEM - Agenda Date Requested: December 1Z. 1 q88 Requested By: K. Askins Department: LeW Report Resolution X Ordinance Exhibits: Letters from Eagleton Engineering Company Layout of proposed pipeline Ordinance 915-BB SUMMARY & RECOMMENDATION Eagleton Engineering Company, on behalf of Himont U.S.A., Inc. , has applied for a pipeline permit. Their application fee has been received and the application reviewed and approved by the Director of Public Works. The attached ordinance grants the pipeline permit to Himont U.S.A., Inc. Action Required by Council: Adopt Ordinance 915-BB - Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Numbe r: Funds Available: _ YES _ NO ARnroved for City Council Agenda J2/Bk8 RObe~ ~era DATE I I City M nager . e e ORDINANCE NO. 9l5-BB AN ORDINANCE GRANTING A PERMIT UNDER SECTION l8-A-3 OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION," BEING CHAPTER l8-A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, AND APPROVING THE APPLICATION OF HIMONT U.S.A., INC., TO OPERATE A 8-5/8" PROPYLENE PIPELINE; 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 has received an application dated November 23, 1988, from HIMONT U.S.A., INC. , requesting a permit under Section l8-A-3 of Ordinance 915, being Chapter l8-A of the Code of Ordinances of the City of La Porte, to operate a 8-5/8" nominal diameter propylene pipeline crossing the City of La Porte, all as shown on said application. The application of HIMONT U.S.A., INC., has been reviewed by the City's Director of Public Works, who has found that said application meets all requirements of said Ordinance No. 915, and has recommended its approval. Section 2. The City Council of the City of La Porte hereby approves the applicaton of HIMONT U.S.A., INC., dated November 23, 1988, and this Ordinance shall constitute a permit to HIMONT U.S.A., INC. to operate said pipe line within the City of La Porte, all in conformance with the requirements of said Ordinance No. 915. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. e e ORDINANCE NO. 915-BB Page 2 PASSED AND APPROVED, this the day of , 1988. CITY OF LA PORTE BY Norman Malone, Mayor ATTEST: City Secretary A6;J~ City Attorney e e . ~ tr ~ Eagleton Engineering L Company P.O Box 37009 Houston, Texas 77237-7009 (713) 240-0700 Telex 76-2913 November 23, 1988 The City of LaPorte LaPorte, Texas 77572 Gentlemen: We hereby request that an ordinance be passed granting a franchise to construct, own, and operate a pipeline as more fully described below: Owner/Operator: Himont U.S.A., Inc. 2801 Centerville Road P.O. Box 15439 Wilmington, Delaware 19850-5439 24-Hour Emergency Phone No.: (713)474-4481 Commodity Transported: Propylene Maximum Pressure: 1318 PSIG Maximum Temperature: 1200F Pipe Description: 8-5/8" 0.0. X 0.188" W.T. Grade X-42 Street Crossing to be 8 5/8" 0.0. x 0.188" W.T. Grade X-46 This request is made on Himont U.S.A., Inc.'s behalf by Eagleton Engineering Company. You~cooperation in this matter is greatly appreciated. Sincerely, EAGLETON ENGINEERING COMPANY ('.11 ~ Charles H. Crowell TJD/kda e e I. .--=. tr ~ Eagleton Engineering L Company PO Box 37009 Houston, Texas 77237-7009 (713) 240-0700 Telex 76-2913 November 23, 1988 Mr. Steve Gillette Director of Public Works City of LaPorte P .0. Box 1115 LaPorte, Texas 77572-1115 Atten: Pipeline Franchise Gentlemen: Enclosed please find the following, in regards to an application for a pipeline franchise: A. ) Official LaPorte Street Map showing route (three copies) B. ) Proposed Propylene Route Map (four copies) C. ) A letter requesting an ordinance be passed (four copies) D. ) A check for five hundred ($500) payable to the City of LaPorte L) Drawings (four each): HMA-HPP-8505 NORTH "P" STREET HMA-HPP-8508 NORTH lOW STREET HMA-HPP-8509 NORTH "0" STREET The check is in consideration of the three hundred dollars ($300) initial installation fee and the first annual fee of two hundred dollars ($200). We hereby request that you grant the franchise necessary to construct the -~ipeJine as described herein. Eagleton Engineering Company's request is being made on behalf of Himont U.S.A., Inc. Corporate address: 2801 Centerville Road P.O. Box 15439 Wilmington, Delaware 19850-5439 The pipeline will be owned by Himont U.S.A., Inc. Our schedule calls for beginning construction on or about December 1 5, 1 988 . e e I.~ Mr. Steve Gillette November 23, 1988 Page 2 Please advise if you need further information. Sincerely, EAGLETON ENGINEERING COMPANY cAl(~ C.H. Crowell TJD/kda Enclosures CC: File 3.5.16 I HAFeIS COUNTY. TE}AS I WILLIAM M. JONES SURVEY, A-=482 ~ , ~ =-- - I I : I T.B.M.-RR SPIKE IN f\' rORt)~R FC'S r I I I I /ELEVATION 24,12 5/8'1 R AT I 1 , ~ rENCE t~NER I ~ I I I ~ ~ yo ~ ~ 1 ~ +1J r- . 00 II 01 IS} 1,0 I '...0 1 ,(.t) r N0{0' 31'50''''' 1792.57'.....1 : 58'~ ~f- . 500' 25'40'E 1214.74' VI =---'" .60 ;; , ~~ -= ~" '" . 'tl!' .L..:.. - '1 0-::1 97 ~le 110 I II' w- 131 :+--- .-. 0.. --.\45.-....1'1'1 " , --- ~- . -2~ I I - II I I I II I , I II I ' II r-- I I II I ui L. II , n LL . : I II I ....... 8 I I II ...... -- 231 ;; 'J' J ._~ 'dOl I d , . :0:: -- ------~ 14Z II - 0 ~ '" I. 51 ---------u : ~~. ~ L nA 139 ------ ---->-: 0: !!l -&.. - '''-''... .. -- ----."" . ~ - =..ID' . l~f ,~- .. - T' - _-_____m Vi 1'1 1'l2 , 1 I . ... "1 211~!d." - . . -" - ---=~ w -fi. t i :: '- EXlSTlNGA.~OCO 8' PIPrtlt.t: lj: ,. I II .... I- tjll 0:: PRCP 8' LINE 224 I :J ~I . II ~ . I <( Q: I ~II '5: E P C 'FEE" I ~ h I ~:: ~ , . . , 0 till ~ Nil .. BAYPORT -BAYTOWN CORRIDOR ~I''-' ~I ~ i::: uJ ~ .... .. >- Z n -l ~ I- I ~ I- UJI' :J U; uJ I I uJ ZII W ~ UJ UJ ..... " ~ 0:: :t:: UJ 0:: -lY ~ 0:: I- 1-1 I- I- ffi' & IL~ ~@~1J'~ @(UJ1fIL@1J'~ 0 ~~ ~: ~ ~ ~: b UJ ::i!:: 0 3:1 _ U ~ I I- ~ >-1 ~ "': as 0 ~I V) 0 CI aJ Lf) l.L uJ I '::J uJ ~, l.L Y ~ 0'> CSl ..... CSl 00' Y 312 .......": ~ ~I~ ~ L(ll ~ 302 r--- r- NI r- CD .1 uS ~r- 0'> _ . N $'1 .~ + + +, - + ~l U' r- r- OJ CXl + + - --- ~ ~ ~ ~ 1 CXJ BR^SS ROO~ 1 + ~: ~SET 5/8'I.rt. S~W 0/ W 17CJ2.50' ---- PLAN - . N00" 02'E. '100.0' 31 SCALE: 1" = 5e1' 30; RICHARD PEARSALL SURVEY, A-625 ~ lll. _ tD It .., ...; III <sI d .....111 .., - N _ ~'m N . N 1{ rr '.JJ u:I ~ ,.: .,; I~ II ~ II oc ~I-.i ~ ~ " ii ~"d ".1- '~"ii " d" . N . , ..J lU rn <<l'd J ~ .7, "l ul ~'ul 0 w ~ 0 "!' "'i uJ ~ l "'; ~ ~ ~ ,..;I~ ~ ti 0: ~ d ~ ~I~ ~ :; ~ t:; r" t"J II "-I NIN Cl ~ h CJ tJ ~ II (\4 11 N II r... " J" VI ",..J J , d';! '''' ';! J,~ ~ VI l5 ~ " [jJ,~ w';! m ~ ~ :J ~ :; ~,:; ~ '" ~ ~ 2l d d'...J d :J ~ J t 0 Z 0 :il~ to u .... l-- ';! :tIc Z 0 Z ~ m ~ ~ ~ tD N '" ~ ~ III ~ S;, ~ ~ tl !1! ~ l ~ ~ ~. ~ ci C): ~ '!i ffi ~,~ ~ ~ l!oi ~ !i · 2l +' e, + + ~ + + ~ + Ie, .t. e, 'f e, ~ ... t;; .... lDl.... tD :2 ~ ~" :2.... lD .... Pi: ,- ~ ' 10 - - . -. ... - - - . - - . - 00 h h _ _ h __ ,.,_ _ h _ ~ _ _ __ __ _ _ _ _ _ _ _ _ h U __ - - - - - -100 - - h - U h - h - _ -- h - -- - - - - - - u - - 1 ~ 1_ . PlrHI~ J~~FICATlON _____ I I / PII'ELlNEJ~:i~ncATlCN t;:j W 25 _u_ EXIsrl~JG ~MTUn^L G.ROJtJD ___.lh________n___h_____h___J_oo___h________________u_______.-- .- 25 ILl lL . _ r '-.../ '- rilL :z.' 20 n--.,,;r-C-ror 'AL~~U~\i.2~~OCO 8' __h______U___h__~____u____________~-----h-----?~ 1; o 15 n.n___ ..----------=-"'"" .a:---------------------- -- _____uu_uuhn___________... 1'1 3 ~ 10 oou___H ~~~~ ~~\\~6 ~~62 SBfMfA6~PTH---/hU---------~- PRCHffD (LINE 224)- - - 1~ ~ [i.! 5 H _ u __ EXIS rING (LINE 217> W/84' a= 8'-0.18B'W. T.. 8'- 0,188'W, T., 5LX- 42 rIPE 5 III -- 5LX-46 PIPE CROSSING STREET ____h__U_h______U__ <TYPICAL BOTH SIDES R/M-- T.8.M,-RR SPIKF IN S'CooNER POST PROF ILE PROOUCT IN LINE NUHH R/W '0' STREET & ----- WEST CmRlOOO LINE SCALE. 1" = 50' HffiIZ &. 1" = 20' VERT rR(~'rU:tlE ELEVATl()>l 24.12 .. . ALIGNMENT SHEE r ~.IO. 5 P13B RI!V. DATE DESCRIPTION DWN CHKD, APPD. HIMONT U.S.A., INC. 0- 25 - 8 mIGINAl.: DB/RAS;-' \. ',; . TECHNICAL SER VICRS HOUSTON, TEXAS ----.-- ---- -- ----..-..-- ---- .- BAYPffiT TO BAYTOWN COORlDOO _ __ ___ PROPOSED 8. PIPELINE NO, 224 CROSSING ___ NORTH "0' STREET SCALE: AS SHOWN I DATE : 10-25-88 DWG.NO. HMA-}lPP-8509 I HA_IS COUNTY. TE~S I 23'1l ~CH BRINSON SURVEY, A-~ - , ~ =--- ~f ~~ J :11 tE' ~t ~. iRI + + SET SET ,I, + + a; liiII \.~ ~ N00' 02'E 430.0' ~ IV 1I2'I.R. ! 5/8'I.R.~. ~ N00' 02'E '=J00.0' m f 'I I 58; if <.:l~ . I~ 2 'I' z ~ .... 97 rr Mill . - I ~~----_.- 131 \Ill! ~I !jl --------- ,u-l- - ... n. - 200' 145 __......u. I' I, - .-.---..--- --......-------.. - , :11 ~32 I :': ~~, I III I II II' I I, I I I' - 231 ~I ,'II .~ 15\ .. 1411 ' .. \42 --------. ---- - - ....~ ::J -..---- :, I I ;~' 5\ . :!l ..: I .II t5 ~ : I .. \3 12 --- - II \ .. - 63-.- a::: 0.. '1 77 5 ~ .. I ;"'l 10'l _.un --J~-----u r- -I '" I. !3'l ~ f . n' L-- '<:1;. -+'- LlR tU 'I.' U~ ,'':'' r-:-;- . .f_ ~ __ 211 ____u-;; -'-- l1d, )~,--.-...-...-.--.-:.-.=,.--" -----..-----2 / :,\ i f ,;1. \ ,,~ EXlSTI'1G ~O 8' rr"fWIE ~ 9 I'" - III (I) ~ 'Ill I '": "'" I..J;:; 'I' 0 ~ ? ..J ~' I-N \.P ~ ME PROP. 8' LINE 224 L ,.., E.P.C. 'FEE' Pa..E ~ ~ 1 ' - r- BAYPffiT -BAYTOWN CORRIDOR ~ ~ :I,i ~ :r ~ ~' -< II (I) ~ ~ II '. 1L8-\ !P>@lrfliLe @QJlV!L@V8 ~ ~ ~ ~'i ~ ~ 0 lLJ ~I,~ :J .-. ct:: II' ... II I- II...} _ ~ II ~ VI I, ~ lSl 0::'1 ....... ~ I'cr ;..... N ~ 'I ~. II t5 ....: ~ II r-- :;I' ~ ~'I ....:::J::I ~'~ - \~~ I ~; ~ I~~J -.-.. <T~ + I l5l I<T IS! I;"" IS! - l5l CT1 ct,l I is. :J; BRASS ROO _~aJ ~l ~ CT' I! OOf ____ BRASS ROO NO.1211l "I I \ .r PLAN h SCALE: l' = 50' ~ lLJ~ ':;j !~ m ~ ~ ~~ ~ ~ ~ 1 ~ 0- tnW.... W:J: .. ,il: ~ :ll is 0-'" ,~ . ul ~':d ! L ! !-: ~~:!i5 :B:!i :B-; Nul e! ~'" ~ 6 -Nal- Nul Nul . '" ~Ild ~ ffi ~I~ N, N, ~~ ~a~ ~::J::~ N ~ ~~a8 ~~ ~a , t ;~~ _ ~ ~~ ~ ~ ~ ~ ~ I t ~ ~ ~~ <L~~ l; ~ ~l; ~ ~ ~~~~ j~ ~~ W 30 - - - - - - - - -- -- - -- -- - \ -- - - - - - - - -- - -- -- -- - -- -- - .' - u _f!.__ -- -- - - - - - -- - - -- - - - - - - - -- - - - -- - - - - - - - - 30 ~ ~ 25- - -- - - - - -- -- - --- - -- - --t - -- __u_ - - -------~------~ --(---~--~~~,.SjiNG ""iUR"~oo.iilww, ~ -- 25 ~ Ii 2~ -- -- -- ~ ~ ----~ ~ -- ~~ ~ w ~ ~ h ~ ~ ~; ~ " ;.~m -- -- ~ ~ ~ ~ ~ ~~ __w --:.:.: ~ ~. w ~ ~ ~ -- ~ ~ ~ .,. ~ ~. 15 ---""- t..:..::--------- ------------------ -------- . _________________n_u -------15 I- ~ / "TCP 'AS BU~ T' AMOCO S' <( Gj 10- -- __~~~_E_P. _e'O\l.tt-i~ _?~",HUlf -L-,~IB-nf _ -- -- _ _ - _ _ -- -- -- _Ll~~J~J9~_~L - - -- - -- -- - -- - - -- -- - - -Ie ~ ...) M>JAu:.NT f AND Ar-mvX. SAME Ocr H UJ ll1 EXISTING (LINE 217> W/84'-S'-11l.1BS'W.T.. 5- - - - -5IX46-PI~- tRos~fNG-S,.~rrr --- -- ---- u -- - ----- --PR<5P6SEiYiUNE-i24f -- -- - - -- - -- --5 8'-0.188'W. T.. 5LX-42 PIPE T.B.M.-TCP !/2'LR. SQJTH R/W & (TYPICAL BOTH SIDES R/W) WF5T CffiRlDm LINE cSTA,B9+10.44 PROF ILE f?ROOUCT IN LIrJE E.LE.VATlCN 23,12 SCALE: l' = 50' HCRIZ. & L'.= 20' VERT. PRCPYLnJE ^U(}.IMENT SHEET NO.6 PI2 B RRV. DATR DE.qcRIPTION DWN CHKD. APPD. HIMONT U.S.A., INC. 0'25-8 ffilGINAL LOB ....'\k~"": TECHNICAL SERVICES HOUSTON, TEXAS , ,. ,BAYPffiT TO BAYTOWN CffiRI[)(F PRa'OSED 8' PIPELINE NO. 224 CROSSING NmTH 'H" STREET SCALE: AS SHOWN I DATE : 1025-88 I DWG.NO. HMA- HPP- 8508 I , HAFiRIS COUNTY, TE>MlS I lSl ~H BRINSON' SURVEY. A-~ ' , ~ .-- r.:;)~ I I I ~~ I I I, ~~ ~r 3~~ + I I + I I 811A<;S + ,~@ + (.0 I I I r- I I '.... ro 0' : j NOW 02'E 19':~~ :: ~ : : 5~ (/ ~_~__ ~_ NOO' 02'f_____~~~~.~ _ ____ _.q ~~{ 7:~=:::::.__:=::::.::..::-=_:..:.--=..:_ _u =--=- 9-~-~~1'.l: 7e ':>J-- ;--t"-=-_-::....::==~---:_=.::-~-= - -_=~_:-~-..:::~.-_~ . ~~ ~ - _ -_ -=:..,-m _~--- - ___=-=- 131--- IIIl -_.~_: I i:=:t= -J:.. -----r'- m:.._== - .. ---- - n-:-_ - - - _ - ____ ~ "'K" _~~;;;J l4S_--.:.HL-:-~.~_:::-_-:-...:.-_--::__~; : I -::____.!._ -~~::==-_________=_-_==_=:.~~~- =u:-_--_~-=-:- 8 II : I: I f:€ 3~~ II I I: : - 3~e o 'I I , ro U I I I I' I I 1 ill Z I ( I ,1"1 ~ 'I I I I ,----: ~ --- 231 i' I I: I ~ ~VI r -~ ___.-c=----_.-~o::_.=_____ 151.-;: I IdOl - - 142 --.;...-.- -----------__:=~=~=-o~===~::--:-- -------:::-:. CO ~~---- ----.--- - I 1-+ L - - 51 -----. ---~ o ~ _ =-:::::::_-:-_...-::=-:- II : ' I ;:"-=~-=----.--.=:=-- 15--il..:- :-~-_=-::::-'-:-_~ -:.:=-:::8 I- ~. ------.-----.---- .. - --4-----....------ - --- ---- - ~\ _ . 0:: I ~ Nfl ~"~;=-~-~~c:- '" ..~~,,;-~=~:,: ~ ,~-;---~-~--~' ,_~~~~;~~~~:;~'+~: ~ <------- Z11 - POl'l;~ prH 8.5' ..:::::=:::7* t ; ~. _d. --------,- -::--nIS';/G ~J'-~O ;: r;;:r,l,ir - - - ~ ~ ~ 3' WALL TO WALL ~ : I CO ~ L.L. '" _ u.i _ 'I' I 0 lO L(JI' I I 1-0J LP.C, "FEE' ~ ,I: :: PReP. 8' LINE 224 ti: t'l BAYTOWN-BAYTOWN CORRIDOR \i!: : I ~ ,I, :: <{ ii' '1 m S~W tIt?W 1'18$ .--/TI 1 :; U): 0 'I I I~ '<T I~ . , ~ I n. II 1- I I- ~ I~ . I ,?; 4J 0 W , I~ I ltj ~ U I, lIS I~ Q: It', W I I- I~ I~ . h.: W ,I Z I'!:'" 13 I~ I- VI ~ I-,t UJ ::J:I~ :t:; ~ Q tn ~:~ 5 lLD-\ !P'@!ffi1rlE @M1rll@1f~ ~ 'l:S I~ 1!1l 1-.. 0.... i:l>! "110.. 1- ,U i. I- ..JI::J ~ cr W I~:I: ~I " Z I,Z I :ffi ~ VI l},lffi cr o I,;J 1 JI: :t I W -(IJI: . Z I ttJ IU'~ ~ h ~ ~I~ ~ 0 l1.J ,~ I 'I 0 0::: ':;5; I r, - U it ' ""0 UI IT w _ wZ I, ,9. , ....:c!: I I'- ....I"l lD U ____ '1Ia . . .,n' Z lL I' 15 ' ~ I ~ ~IN (J UJ ",I J, I +1:'<DlL ~,I :~: ~ 1+ ~I~/ ~ 1'-1, I~I 1/ ~ 'f II~ I~,~ r---- ~ ':f U) J, 1.1, Ij, I I'- (\J'IN 'N,N I 1 N -'.. - 1- ,- -. _ PLAN _ :r ~ SCAL~: I' = 50' ,., .. ~.l:. 15>>...0 ~ '''".t~a''''",~.l is 1tl'" " ..... u O:':~ifi~ ~I!ltu UlYit: \.D q- ....: - O. - - " I-~"':I:~ 0.. .... "0.. :::: " " .J ""o~u-olU"" -ao! ~" .J j' m IJJ -.:7 uJ....... ..,. uJ I-- ~ ~ Z 1-,... t--..J W tD U lll,.... _:L..,. _~. h,:,t- -.JV U 4J ~r-- ~,..... I ('J ~ N..... -: _ en ~ r- V) lI" Q:: r--; ~ ~..... -.: N N N ~~ w ~ N ~ ~ u: u ~ a::: W N a:i N ~ ~ w <;';' J 7.. -' II -' (i " u.J ~ II.... N . -i f.!Y h' 'J ~ ~ d ~ ~ d ~ ~I ~ d J ". ~ uJ 2j w :j .j <.:>::J . U <.:> ~.. . w uJ.J <..:l d L'Q z'o~~z<.:!~~..~ ~ d d ~ zaj zo~ :I ..,. L:=IlQ::JZ,.ooo-z z 'Sl ~ ., ,.: ~ It> '" N ltl N ti: I!;:::: ...; N _ _!r ~ <J' + \lJ ~ r- r- (X') CD m 0 + II N prt")... 1J1' + + ~?s J,o..J,J,j,j,J, ~~.J :.:..:.. :."'0.. g::?s reP:5 .. .... N 0 ~ N N N <'.J ~ -- uJ N N N N....... a - ........ ..~ , 3'" ._u_________________u_____::>::.__:'_=- =-_:-'U___ ------:---:.-~ ._.:-:~....__.________u__u_.___u_u__ u___u_ 3f'1 .--' rH'tl.ll" 111(ImrrCAIICN -.... ....... ~~ PIfUINE IOCNTlFICATICll .. I- t~.J 25 - T~r;TmG- rrfi~;[ -GRCUt1D-'~-'ilu-- u__u__~__u_____. - -~ rt-u- ____uu~~~____UhUU___ ---- - - -- 25 ~ z ... I / ---........ I... Z .. ?l.'I --- TOr '^<:' BUILT' AMOCO 8.._ul_._.\:../___u____u___~uu- ___U_U___h.U__________.__________ 20 G ]5 __.~:~HI-I:~E- /_/O._2_1_7u__ C"l1t.ES~~_u.u____h_.~-~~~:W.F~. ~--- ____H__ IS @ > __u/- > ~;j Il.'1 - "~~~~~~~f~~ (l~I~ff;~~t?-s~pi~~;~ -.7' - - -- - - -- -. - u - -- -- H -. - -- - -- - - m -- -- - - m - -- - - -- - -- -- - 10 ;~j 5- A" FXI<:;llNG (LINE 217) W/8'!' OF 8._0.188'-'i'f.T~:u-----u-u--u.--u--mu-u-.------H-H-- r; 51 x- % ['Ill CRrJ'SSING STREET. PROF ILE F'rloour:r 1/1 lINE J.B.M.- T~ or tjAIL IN THEE ------ ------- 'HlWrST Cf COHfHf.x;-R /lND SCALE II 50' HORIZ & I' 20' VERT PRrr1'lErlE 5'srXJIH Cf CFNIEJl Cf DITCH : = ,= , FIEVATJal2'1.78 ALIGNMUH SHEET tJO.ll P9B REV. DATE I>ESCRIPTION DWN ICHKD, APPD.I HJMONT U.S.A,. INC. 0-25-8 onlGItlAL LDB/RAS~, TECHNICAL SERVICES HOlIHaN, TRXAS --- ..-.--- -'"----.... -~--_.. ---.. --..-----------. ------_._-- -.--- --.. --.- -----------.-. -- .___ ______ ___ _______________ _ BAYPORT TO BAYTOWN CffiRIOOR _ _ _ ____ _____ _ PROPOSED 8" PIPELINE NO.2 2 4 CROSSING NffiTH 'P" STREET ._. ----- --"-"- -----~. ----~--_.- _..____._ __ _______ !SCALE:AS SHOWN IDATE: 1025-8fl I !.DWG.NO. HMA-HPP- 8505 I ! e e REQUEST FOR CITY COUNCIL AGENDA ITEM - - Agenda Date Requested: December 12, 1988 Requested By: Robert T. Herrera Department: Administration Report Resolution X Ordinance Exhibits: Ord inanc e IF liP;J. 3 Amendment to Lease Agreement Proposed Revenue Spread Sheet SUMMARY & RECOMMENDATION Cliff Hyde Flying Service, Inc. (Lessee) has requested the City of La Porte to amend the lease between the parties dated July 6, 1956, as amended November 4, 1963, and as further amended on July 29, 1986, expiring July 6, 1997. Due to the increased activity at Cliff Hyde Flying Service, Inc. , the Lessee desires to amend the lease as follows: 1 . Upon payment of five hundred dollars ($500.00), City grants Lessee an option, in the form of a right of first refusal, for forty-five (45) tie-downs and the one hundred feet by one hundred feet (100' x 100' ) tract shown on Exhibit "A", as a combined additional lease tract, until December 31, 1989, renewable until December 31 , 1990. Payment for tie-downs to be an amount equal to thirty percent (30%) of gross revenues from rental of each tie-down, or not less than one hundred forty-four dollars ($144.00) per year for each tie-down, and two hundred fifty dollars ($250.00) per year, subject to any increase in the Consumer Price Index, for the one hundred feet by one hundred feet ( 100' x 100') tract. 2. Lease twenty-four (24) tie-downs as shown in Exhibit "A", expiring July 6, 1997, with payment as in IF1 above. 3. Grant Lessee the right to construct, at Lessee's sole expense, an access road as shown in Exhibit "A", connecting Lessee's existing facility and the twenty-four (24) tie-downs, Lessee also has the right to construct an access road, as shown on Exhibit "A", to connect the twenty-four (24) tie-downs to the forty-five (45) tie-downs, upon exercise of option listed in IF1 above. Action Required by Council: Approve Ordinance IF /C:,,13 approving and authorizing an amendment to lease agreement between the City of La Porte and Cliff Hyde Flying Service, Inc. - - - - - 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 JJ!a;8f3 {IIJ Ibh Robert %~rr'era DATE I t City Haag r e e ORDINANCE NO. 1623 AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF LA PORTE AND CLIFF HYDE FLYING SERVICE, INC.: MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT: 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 hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. 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, and it is so ordered. PASSED AND APPROVED, this day of , 1988. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: City Secretary ~~d City Attorney , -- e e I. ~ ~ CLIFF HYDE FLYING SERVICE AIRCRAFT SALES - SERVICE - FLIGHT TRAINING Eastern Airlines Pilot Entry Program LA PORTE AIRPORT. PHONE 471-0265.11015 WEST MAIN. LA PORTE. TEXAS 77571 December 5, 1988 Mr. Robert Herrera City Manager City of LaPorte P. o. Box 1115 LaPorte, Texas 77571 Dear Bob: As per our conversation concerning the lease of certain tie-down areas at the airport, we want to submit the following changes to the original request. We propose to lease the 24 tie-downs immediately at the posted rental rate wi th the term to expire 7/6/ 'l1 . Also, we would like to have a 2 year option on the 100' by 100' tract and the 45 central tie-downs as a package deal whereby Cliff Hyde Flying Service, Inc. would have first right of refusal to any written lease application by a third party. Cliff Hyde Flying Service, Inc. would receive a written notice from the City of LaPorte with a 30 day consideration period. We would pay $500.00 a year for this option. As I have previously stated, these areas will be used for future expansion of our airline pilot training facility. Your prompt consideration is appreciated. Sincerely, (1UllAyJ-c Cliff yde President CH/drk --..- --.--..----.-.- e e iw" '" ~ PROPOSED YEARLY REVENUE CLIFF HYDE FLYING SERVICE, INC. ANNUAL REVENUE Current Lease Payments - Property $1,354.84 - Proposed Lease Payments - After amendment: Property $1,354.84 24 Tie-downs 3,456.00 TOTAL $4~810.8~ Note: Total does not include one-time option fee of $500.00 Proposed Lease Payments - If option is exercised: Property $1,354.84 24 Tie-downs 3,456.00 100' x 100' Tract 250.00 45 Tie-downs 6,480.00 TOTAL $11,540.84 e e . ~ ~ THE STATE OF TEXAS S S COUNTY OF HARRIS S AMENDMENT TO LEASE THIS AGREEMENT, entered into by and between the City of La Porte, Harris County, Texas, hereinafter called "City" and Cliff Hyde Flying Service, Inc. , a Texas business corporation, hereinafter called "Lessee": I. For and in consideration of the premises, and the mu'tua1 covenants herein contained, the parties agree to the amendment of an Agreement of Lease between the parties dated July 6, 1956, as amended November 4, 1963, and as further amended on July 29, 1986. Except as amended hereby, said Lease Agreement, as amended, shall remain in full force and effect until July 6, 1997. II. Reference is made to a plat attached hereto, on which the twenty-four (24) tie-downs are shown in yellow; the 100' by lOa' tract is shown in blue; the forty-five (45) tie-downs are shown in green; the road to the 24 tie-downs is shown in purple; and the future road to the 45 tie-downs is shown in red. All references in this Amendment to Lease Agreement shall refer to such properties, as shown on Exhibit "A" attached hereto, incorporated by reference herein, and made a part hereof for all purposes. The 45 tie-downs shall be subject to the existing pipeline easement, as shown on Exhibit "A". e e I. ' '" - -2- I II. For and in consideration of the sum of Five Hundred Dollars ($500.00) cash paid to City by Lessee, City grants and gives to Lessee, an option, in the form of a right of first refusal upon thirty ( 30 ) days written notice from City to Lessee, whereby Lessee may lease from City, the 45 tie-downs and the lOO'x 1001 tract shown on Exhibit "A", as a combined additional lease tract. Lessee shall pay to City, as additional rent, should Lessee exercise its option to lease said 45 tie-downs and said 100'x 100' tract, the annual rental as provided in Paragraph VI hereof, plus a sum equal to thirty percent (30%) of the gross revenues obtained from rental of tie down spaces, upon execise of such option by Lessee, provided, however, Lessee shall guarantee the City a yearly rental of not less than $144.00, multiplied by the 45 tie-downs leased. No less than the full 45 tie-downs and the 100'x 1001 tract may be leased under the option granted under this paragraph. Rental for the 45 tie- downs shall be paid monthly, in a sum equal to 1/12 of the annual rental due, in advance, on the 1st day of each and every month. City reserves the right to rent such tie down areas direct to the public, if not leased by Lessee hereunder, or if not leased by another fixed base operator at the City of La Porte Airport, from City. City will give Lessee hereunder thirty ( 30 ) days written notice of any offer by another fixed based operator at the City of La Porte Municipal Airport, to rent such 45 tie-downs and 100'x 100 I tract, in which case Lessee hereunder may either accept the option to lease all of such properties, by giving written notice to the City of its desire to do so, or, in the absence of such written -- ---- e e ..:- ~ -3- notice, upon Lessee's refusal to lease such 45 tie-downs and 100'x 100' tract, City shall be free to lease same to another fixed base operator at the City of La Porte Municipal Airport, or to continue to operate the same by City. In the event Lessee accepts and exercises its option hereunder, the term of the lease for such 45 tie-downs and such 100'x 100' tract shall extend for the full remaining term of the primary lease hereunder. This option shall continue in force to December 31, 1989. Upon mutual agreement of the parties, this option may be renewed and extended to December 31, 1990. IV. City leases to Lessee, for the term expiring July 6, 1997, the 24 tie-downs as shown on Exhibit "A" attached hereto. Lessee hereunder shall pay to City, as additional rent, a sum equal to thirty percent (30%) of the gross revenues obtained from rental of tie-down spaces, provided, however, Lessee shall guarantee City a yearly rental of not less than $144.00, multiplied by the 24 tie- downs leased. Rental for the 24 tie-downs shall be paid monthly, in a sum equal to 1/12 of the annual rental due, in advance, on the 1st day of each and every month. V. Lessee shall have the right and privilege to construct, at Lessee's sole cost and expense, an access road, to be located as shown in purple on Exhibit "A" attached hereto, to connect Lessee's existing lease space to the 24 tie-downs. Lessee shall submit plans and specifications prepared by a Texas registered professional engineer with municipal experience, to be approved in writing in e e - - "- . -4- advance by City, for the construction of such road, which shall be '. to City specifications. Likewise, and on the same terms and conditions, Lessee shall have the r igh t and privilege to construct an access road, as shown in red on Exhibit "A" attached hereto, to access the 45 tie-downs, in the event that Lessee exercises its option to lease the 45 tie-downs and the 100'x 100' tract. Provided, however, City reserves the right to remove the road shown in red on Exhibit "A" attached hereto, should the City in the future construct additional tie-downs in that area, in which case Lessee's continued access for ingress and egress from the 24 tie-downs to the 45 tie-downs, shall be kept and maintained by City. VI. City agrees to lease to Lessee, from the effective date of the exercise of option by Lessee, for a term expiring July 6, 1997, the 100'x 100' tract shown in blue on Exhibit "A" attached hereto. Such 100'x 100' tract shall only be leased in conjunction with the 45 tie downs. The rental for such 100' by 100' tract shall be $250.00 per year. Rental shall be paid annually in advance on July 6th of each calendar year. Rental from the effective date of exercise of option until the following July 6, shall be prorated and paid in full upon exercise of such option. Rental for subsequent years, under this paragraph, shall be subject to increase, in accordance with any increases in the Consumer Price Index for All Urban Consumers, with 1988 as a base year. VII. The Lessor is entitled to collect and the Lessee agrees to pay, all rentals due under this Agreement and Lease to the City of La e e . - ~ ~ -5- Porte, La Porte Municipal Airport, La Porte, Texas, without notice to the Lessee. Rentals more than thirty ( 30 ) days past due may be subject to a service charge of one percent (1%) per month, based on an annual rate of twelve percent (12%). VIII. Without prejudice to any other remedy which otherwise might be used for arrears of rent or other breach of this Agreement, if the Lessor is required or it elects to pay any sum or incurs any obligations or expense, by ~eason of a failure, neglect or refusal of the Lessee to perform anyone or more of the terms, conditions or covenants of this Agreement and Lease or as the result of any act or omission of Lessee contrary to said terms, conditions and covenants, the sum or sums so paid or the expense so incurred, including all interest, costs, damages and penalties may be added to any installment of rent thereafter due hereunder and each and every part of the same shall be and become additional rent recoverable by the Lessor in the same manner and with like remedies as if it were originally a part of the rent as set forth hereinabove. IX. Except as expressely amended hereby, and as previously amended, the Lease between the parties dated July 6, 1956, and subsequent amendments thereto, shall remain in full force and effect. e e I. ...:. '" -6- WITNESS OUR HANDS, this the 12th day of December, 1988 CITY OF LA PORTE Mayor ATTEST: City Secretary APPROVED: City Attorney CLIFF ~YDE FL;ING SERVICE, INC. preSid!:tJ! I~~ ATTEST: 'ol~ ~ Secretary /' ',,- LEG END . /" I I 24 TIE DOWNS . f~;~::;:-~.:' 100 I X I 0 0 I T RAe T _~I 45 TIE DOWNS ROAD TO 24 TIE DOWNS e FUTURE RD, TO 45 TIE DOWNS .- - - . - - _ . / ;;: -_ E/ i - V . J---:" ql ( . , '- ~ I GUARD \ ,/ ..~ a r-:~:'=-.- -r?J . \ ., / \ - ~ l. ~. ',4L-Ll/ F? ~ -?' 'v _ :1 / .;, ~ . CLIFF HYDE "\ / " r- ~//h FLYING SERVICES, INC. (- \ ) ,..... .-. ~ .-- .- -- -- I I ,...-...,. e e D. E. AVIATION 101 Ait~pClt~t Bl vd. LaPot~tf.~, Texas 77571 , - Decem bet~ '3, 1988 RE: Lease clf paved Tie-dowYI at'ea. Deat~ Mt~. Gillette; We, Debclt'ah Rihn and Eoin Harvey, dba D. E. Aviat ioY" w,::,uld like b:J t'eq ues t the City of LaPorte to consider a five year lease on the most sout het~ 1 y 14 tie-down spaces iy, the at~ea mat'ked on Exhibit A. Th is amol.ll',t of space to be at the rate of $144.00 per tie-down per year, totaling $2,016.00, alsl:' i YIC ll.lded ay, opt i Oy, t Q lease the remaining spaces in this at'ea. We would also 1 i ~.e to lease the 100' )( 100' piece elf land which 1 if2S adjaceYlt t Co the t'amp fot' the stated pt' i ce I:,f $0.02 per square foot. If the City of LaPorte at o?\YIY time in the future has a need fClt' this laYld for the building of a CI:'Y'lt t'O 1 tower and we have not erected a permanent buildirlg we would be willing to terminate that p.:n't ioy, clf the 1 ease. This i ~; <::1 firm offer and we would 1 i ~.e it to be COYIS i d et'ed at YO'-lt~ f:?at'l il:?st conveYI i erlce. , Si Ylcel'~e1y, " . --r ~ ab~f~~' -------------- -- JIl e ')( ::t. - VJ -\ :0 /~ _._~ , -"- e i iii .II / III " ,~ . nE$lne.T:::> RRE:A ~ORiH . ~ ... )<'5T,N61j " ~ Ti E l) U.1L-t:>,...,~S O~(.) (-l f<.EA s e e ~ EASTERN EASTERN AIRLINES INCORPORATED - PILOT ENTRY PROGRAM-MIAFX SLDG.30 MIAMI INTERNATIONAL AIRPORT MIAMI. FLORIDA 33148/(305)873-4064 41lJl" \ f()1"&- ~\o'"\~ ~ C~S \-i!.v"; December 12, 1988 City Council Norman Malone Robert T. Herrera P.O. Bo~.' 1115 Mayor, City of La Porte City Manager La Porte, TX 77571 Deal~ Si rs: Last November, Eastern Airlines and San Jacinto College ent.ered into an agreement to provide ab initio pilot training. As the program has grown from less than 100 students to over 300, the school and commL\I1i ty have been totally supportive of our efforts. Cliff Hyde's Flying Service has e:.:panded to meet our increasing demands. His acquisition of more quality instructors, airplanes and classroom space have ensured we have the needed facilities to perform our job in a relatively safe environment.. The program ~",ill continue to eHpand and grow provided we have the needed space and continued community sLlpport. We anticipate another 100 new students in January. If Cliff Hyde's can't expand to meet our- training needs, we'll be forced to look elsewhere, outside the local community. This program means continued economic growth for your area as more of our students find housing, and buy their needed items from local merchants. Together we can continue to make the program a greater success while being a winning proposition for everyone involved. In order to do that, Eastern and the Pilot Entry Program hope you continue to provide all the assistance you can. Regc.~rds , ~J~ Paul Johnson Executive Coordinator e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested December 12. 1988 Requested By: Jeff Li tchfield Department Finance Report X Resolution Ordinance Exhibits: Letter from Harris County Appraisal District SUMMARY & RECOMMENDATION The resignation of Tom Bartlett from the Harris County Appraisal District's Board of Directors has created a vacancy on the Board. The various entities represented by this position nominated the following individuals to fill the vacancy: Verne Cox, Dennis W, Mack, Wi 11 Marasek, Elton Porter, E. E. Stephens, Lee Tipton, and Jack L. Wr ight Action Required by Council: The City Council needs to select an individual to fill the term and cast their "vote" by passing a resolution. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: N/A Funds Available: - YES - NO Aooroved for City Council Aoenda RO~ !era J;l/~jgg DATE! I C i anager e e \\\\\\\\\1111111111/'1//;"" ~"\\\\\' :(i. APPR~/;"IIIII~ .. '~y . I"~ ..\ Harris County Appraisal District ~ ~~ ~~ (~.- ~ ~j \ s /g /)~ OFFICE OF CHIEF APPRAISER '-"'.1111.111 .. *.. \\\\\\\'\" 11/11/'"11111I1111"'" 2800 North Loop West P.O. Box 920975, Houston, Texas 77292-0975 November 18,1988 Telephone 713-683-9200 RECEIVED The Honorable Norman L Malone Mayor, City of La Porte //-Ild-P{ P. o. Box 1115 -. La Porte, TX 77571 CITY MGR'S OFFICE - Dear Mayor Malone: The Harris County Appraisal District is governed by a five-member Board selected pursuant to the provisions of the Property Tax Code and resolutions adopted in 1981 by more than three-fourths ofthe voting taxing units in Harris County. One of these five directors is selected by the governing bodies of all incorporated cities and towns, excluding the City of Houston. These cities are currently in the process of selecting a representative to fill the vacancy created by the resignation of Tom Bartlett for the remainder of the 1988-89 term_ The initial step in the selection process was nomination. The deadline for our receipt of nominations was November 15, 1988. It is now your city's right and responsibility to vote for the nomineeyou desire to serve on the Board. For this purpose, we have prepared the attached ballot listing the candidates nominated by the cities alphabetically. The governing body of each city is entitled to one vote for the candidate of its choice from the names appearing on the ballot_ The vote must be by resolution_ The resolution, or a certified copy thereof, together with the completed ballot, shall be delivered to the Office of the Chief Appraiser at 2800 North Loop West, Houston, Texas 77092, or P. O. Box 920975, Houston, Texas 77292-0975, on or before December 15, 1988_ On or before December 30, 1988, the Chief Appraiser will count the votes cast and declare elected the candidate who receives the highest number of votes. The results of the election will be submitted to the governinb body of each voting taxing unit and to the candidates nominated. A tie vote will e resolved by a method of chance chosen by the Chief Appraiser. To assist you in the election procedure I have enclosed a sugaested form of resolution for casting the governing body's vote for the can idate of its choice. Both the resolution and the ballot should be delivered to my office by December 15, 1988_ RECEIVED NOVa 8198b .. r:IAfAf\lCe r - --------,---- ------------ - ----- e e Balloting for Board of Directors November 18, 1988 Page 2 Should you have questions regarding the above procedures, please contact our office at 957-5291. ~n~ nne h E. Graeber Chief Appraiser KEG/mjh cc: City Secretary Tax Assessor e e . . - .." BALLOT FOR BOARD OF DIRECTORS HARRIS COUNTY APPRAISAL DISTRICT The following vote to elect the representative of the incorporated cities and towns, other than the City of Houston, participating in the Harris County Appraisal District, was determined by resolution or ordinance adopted at an official meeting of the City Council of the City of La Porte (taxing unit) held on the 12th day of December , 1988, in accordance with the provisions of Section 6.031 of the Property Tax Code, as amended. The nominations received by the Chief Appraiser are listed below. Cast your ballot by placing an "X" in the square next to the candidate of your choice. Verne Cox 0 Dennis W. Mack 0 Will Marasek 0 Elton Porter 0 E. E. Stephens 0 Lee Tipton 0 Jack L Wright 0 WITNESS MY HAND this 12th day of December , 1988. Mayor ATTEST: City Secretary e e . .. .:.. JOt . RESOLUTION NO. 88-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE , TEXAS CASTING ITS. liALLU I ~UK I Ht tLtLlIUN U~ A I"'tK~UN TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT * * * * WHEREAS, the Chief Appraiser of the Harris County Appraisal District, Harris County, Texas, has delivered to the Mayor of this city a ballot containing the names of those persons duly nominated as candidates to serve the remainder of the current term of that position on the Board of Directors of the Harris County Appraisal District to be filled by those cities and towns, other than the City of Houston, participating in said District; and WHEREAS, this City deems it appropriate and in the public interest to cast its vote for the candidate of its choice to fill such position; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE , TEXAS: Section 1. The facts and recitations set forth in the preamble of this Resolution be, and they are hereby, adopted, ratified, and confirmed. Section 2. That the City of La Porte casts its vote, and it does hereby cast its vote, for to fill the remainder of the current term of that position on me lioara OT Ulrectors of the Harris County Appraisal District representing and to be filled by those incorporated cities and towns, other than the City of Houston, participating in said District. Section 3. That the Mayor be, and he or she is here~, authorized and directed to deliver or cause to be delivered an executed or certifie copy of this Resolution to the Chief Appraiser of the Harris County Appraisal District on or before December 15,1988. PASSED AND APPROVED this 12th day of December , 1988. Mayor ATTEST: Uty ~ecretary e e REOUEST ~o.~ GIII COUNCIL AGENDA ITEM --..---..----..-..-. - - - -- ._-_..~_..---_.__.__.- . ....----.-- --... - -. ...----- -- Agenda Date ReqUest~ 12-12-88 Reques ted By: Joe recht Department: Community Development X Report Resolution Ordinance Exhibits: 1) Memo to Robert T. Herrera, City Manager from Joel Albrecht - - . - - - .. SUMMARY ~ RECOMMENDATION The City Council held a Citizen Participation Meeting on November 28, 1988 to discuss the staff's suggested list of projects and to get citizen input for a Community Development Block Grant application. The City Council needs to prioritize these projects for application submittal to the Harris County Community Development Agency for FY-89 Community Development Block Grant Funds. The project proposed by staff were as follows: 1) Funding to provide sidewalks and curb replacement and wheelchair ramps on Main Street between State Highway 146 and Broadway Street. This project would involve approximately 1100 ft. of curb replacement, 11,500 sq. ft. of sidewalk replacement and 20 wheelchair ramps. Estimated cost $70,000.00. 2) The purchase and renovation of the old post office building for usage as the Senior Citizen Center for La Porte. Estimated cost $249,000.00: 3) Funding to demolish 12-18 substandard structures. Estimated cost $25,000.00. The citizens who spoke to the City Council supported the sidewalk and curb replacement and wheelchair ramps on Main Street and the purchase of the old post office building for usage as a senior citizen center. A request for a piano to be purchased for the Northside Civic Center was made by another citizen. This past Friday afternoon I met with Mr. Robert Kesl of the Harris County Community Development Agency to discuss our proposed application and to find out if we could submit an application that would be spread over two years. Mr. Kesl thought both projects had good merit for consideration by Harris County Community Development Agency and agreed that the proper way to - pursue the senior citizen center was through a two year program. Action Required by Council: Establish the priority of projects to be submitted to the Harris County Community Development Agency for the FY-89 Community Development Block Grant application. , .- Availability of Funds: . General Fund Water/Wastewater Capital Improvement General Revenue Sharing I I Other Account Number: Funds Available: _ YES _ NO --. - -----_. ~~ ---- - --- . - -,-. "'-'- ~ ~. .. -.. - , - "--'- /Jfr/ae DATE / I - .-..------. e e REOUEST FO~ GIII~NCU. AGENDA ITEM --..---..-.----.- ,~ . -- ~---.._---_.- -.- -....- -----..------....-- ~-~.- Agenda Date Req~ J;C-12-R8. Requested By: ~eGht _ Department: Commlmity np\Lplnpmen1 " Report Resolution Ordinance Exhibits: SUMMARY ~ ~EGOMMf.NDATION PAGE 2 of 2 The first year would be to purchase the old post office building' and prepare the renovation plans and the second year to construct the improvements to the facility. Mr. Kesl suggested the City of La Porte consider the sidewalk and curb replacement and wheelchair ramps on Main Street as our first priority and the two year program for the proposed senior citizen center as our second priority because we are involved in a building construction project with HCCDA at this time. Staff does concur with the suggestion of the HCCDA and does recommend the No.1 priority to be the sidewalk and curb replacement and the 20 . wheelchair ramps on Main Street. We recommend the No. 2 priority to be a two year application to one, purchase the old post office building and prepare the renovation plans and specifications for usage as a senior citizen center, and two, the renovation of the building to that use. Action Required by Council: , " - ~ . .-- .-..-- Availability of Funds: General Fund Water/Wastewater . 'Capital Improvement General Revenue Sharing Other Account Number: Funds Available: _ YES _ NO .. - ,~~.___.._ ._..__.._ ____no ___ . ",,__ - ." ,.n _.. .... . ... _ !PPf-2ved (gr Cit.Y__~Q~Dci1_A~enda Robert T. Herrera DATE City Manager ..-..----... e e TIME SCHEDULE - C.D.B,G. October 28th 2nd Memo to Department Heads October 28th Memo to City Council November 10th Executive Staff submittal of proposed projects November 11th Distribution Notices of Public Citizen Participation meeting to Public buildings in area November' 11 th Notice of Public Citizen Participation Meeting November 17th Executive Staff review and recommended rating November 28th Public Citizen Participation Meeting December 12th Council's review and recommendation of proposed projects December 13th Final preparation of submittals by Staff De c em be r' 2 1 s t Submission deadline . e e I. .:.. ... CITY OF LA PORTE INTER-OFFICE MEMORDANUM NOVEMBER 23, 1988 TO: Robert T. Herrera, City Manager THRU: s Asst. City Manager , FROM: r. Director of Community Development brecht, SUBJECT: Citiz n Participation Meeting One of the first requirements necessary to be fulfilled as the City of La Porte submits a request for FY 1989 Community Development Block Grant funds is the citizen's partic~pation meeting where the information is gathered and discussed. ,Resu1 t~ng from the' data gathered a prioritized list of projects is made and finally a grant request is made. Staff has put together a list of projects for Council's consideration for submission as possible grant requests. The staff has prioritized our suggested projects as follows: 1- Funding to provide sidewalk and curb replacement and wheelchair ramps on Main Street between State Highway 146 and Broadway Street. This project would involve approximately 1100 feet of curb replacement, 11,500 square feet of sidewalk replacement and 20 wheelchair ramps. Estimated cost - $70,000.00. 2. The purchase and renovation of the old post office building for usage as the Senior Citizen Center for La Porte. This project when complete would allow for the movement of the senior citizens from the second floor of the police annex to the old post office site. Estimated cost - $249,000.00. 3. Funding to demolish 12-18 substandard structures. Estimated cost - $25,000.00. e e I. _ '" Citizen Participation Meeting November 23, 1988 Page 2 In staff's discussions with Harris County Community Development Action Agency we have been told that the average amount of funds granted per request this past year has been $250,000.00. Staff would suggest the ranking of the priority items as shown in this memo. Please remember that this is an internal ranking of possible projects and that Council will likely hear additional requests at the Citizen Participation meeting on November 28, 1988. JHA/neb , i, . e e REOUEST FOR G!II GOUNCI~ AGENDA ITEM ~---~--===...-=--:.. - - -- ----~---- --- _.- --- - --~ ..-_..-----~-~-... - Agenda Date Reque~ 12-12-88 Requested By: J el recht Department: Community Development XX Report Resolution Ordinance Exhibits: 1) Utility Extension Agreement dated 10-7-88 2) Letter from Mechanical Repair & Engineering dated 9-27-88 SUMMARY ~ RECQMMENDATION City participation in Utility Extensions Mr. Doug Latimer, the owner of Mechanical Repair & Engineering, Inc. of La Porte has signed a Mtility Extension Agreement to extend a waterline from the south side of Polk Street in a northerly direction along the east property of 18th Street to a point approximately 150 feet into the' block. This waterline and fire hydrant is a requirement to meet the fire code requirements as he expands his business and constructs an extension to the existing building. The fire hydrant that will be placed at the end of the line will be located approximately 3 feet away from his existing building. Mr. Latimer has offered to pay for the engineering and the plans that would extend the waterline to the north edge of his property, which would be the intersection of 18th Street and Adams, (unimproved) approximately 270 feet to the north. Mr. Latimer has requested the City to consider paying for the last 270 feet of the waterline. In doing this, the waterline would be . available for future development north of his property. It would also provide a more suitable location for the La Porte Fire Department to hook into a fire hydrant to fight a fire at his property or the property immediately west across 18th Street. The estimated cost to the City of La Porte for the waterline extension as proposed by Mr. Latimer would be $3,900.00 and approximately $800.00 for sufficient base material to provide access to the proposed fire hydrant location. The estimated total cost for the extension of the 8" waterline would be $4,700.00. We do feel the proposal has merit and will make provisions for additional future development within the City of La Porte and also provide a more suitable location for fighting of fires in the area of the proposed fire hydrant location. Action Required by Council: Approval of City of La Porte participation in extending a 8" waterline, approximately 270 feet along the east side of 18th Street north to Adams Street, (unimproved) and the placement of crushed rock in the street right-of-way that would be. used by fire and other emergency vehicles serving the area. , -- Availability of Funds: General Fund XXX Water/Wastewater . Capital Improvement General Revenue Sharing I Other Account Number: 002 804 805 412 Funds Available: XX__ YES __ NO - ---- - - ApJLCQved-(Q~Y__~QPnCil-A.enda J ~/81ef3 Robert T~re~ DATE I / City Man e ..._-----~ - tltUTILITY EXTENSION AGREEM~ * THE STATE OF TEXAS: COUNTY OF HARRIS : This agreement, made this 5th day of October, '1988, by and between the City of La Porte, herein called "City", acting herein through Doug Latimer. A corporation doing business as: Mechanical Repair & Engineering, Inc. of La Porte, County of Harris, and State of Texas, hereinafter called "Owner". WIT N E SSE T H (1) All references to "Utility Main(s)" hereunder shall, for the purposes of this agreement, refer to as a minimum; an extension of a 8" water main and appurtenances together with the installation of a fire hydrant necessary to meet the City of La Porte Fire Code and allow for the issuance of a build- ing permit for a proposed expansion of the business at 202 N. 18th Street. The proposed expansion is identified by the site plan pre- paired by H. Carlos Smith Engineers & Surveyors, Inc. and is attached as a reference. (2) Owner is the owner of certain property in the City of La Porte, H3rris County, Texas, identified as; Lots 1-16, Blk. 690, and a sixteen foot ( 16 ' ) wide alley (closed and abandoned, Ordinance No. 1155, 5/16/79) Nebraska Syndicate. City's utility mains do not presently extend to said property. Owner has requested City to extend utility mains to Owner's said property. ------------------------------------------------------------------ * For utility extensions not involving City funds ,.... - - UTIL. EXTEN. AGREEMENT (for privately-funded extensions), Page 2 (3) City hereby agrees to the construction and installation of an extension of its lltility main to said property commencing at the nearest existing utility main of sufficient size and capacity, thence a10ng/thru City of La Porte rights of way and/or easements to said Owner's property, provided, however, that should City not possess all necessary rights-of-way and/or easements to complete said extension, Owner shall be solely responsible for obtaining said additional rights-of-way and/or easements at no cost to City. Such extension shall be of sufficient size and capacity to serve all existing developed property to be served by the new extension. City shall be the final authority in determining sufficiency of the size and capacity of the extension. (4) Owner agrees topa y all fees for right of way or easement acquisition, surveying, engineering, preparation of contract documents, soils investigations, permits, bidding, construction staking, construction administration and inspection, materials testing and preparation of record drawings. Owner further agrees to pay all costs related to the construction and installation of said line including necessary appurtenances in conformance with City's standards and specifications for said extension. (5) The City of La Porte mayor may not elect to participate in further extension of the water main or in other improvements that would benefit the City as proposed by attached letter from Mr. Doug Latimer and dated 9/27/88. -------- - . UTIL. EXTEN. AGREEMENT (for privately-funded extensions), Page 3 (6) The Owner shall retain a Texas Registered Professional Engineer with municipal utilities experience to prepare construction plans and specifications and the construction contract for the extension, according to the City's standards and specifications. Owner's selection of professional engineer shall be approved in advance by the City. (7 ) Upon City approval of said plans and .specifications and the proposed construction contract, Owner shall enter into a contract with a qualified municipal utilities contractor to construct the extension. However, if City of La Porte funds are included in the extension, competitive bids would be necessary in order to comply with City of La Porte Charter and State law. Owner's selection of Contractor shall be approved by the City prior to execution of the contract. Contractor shall furnish Certificates of Insurance to Owner and City, certifying insurance coverages by Contractor in amounts customarily required by City of its contractors. .. (8) Upon City issuance of a written Notice to Proceed to the Owne r, the Owner's Contractor shall diligently pursue the construction of the project to completion in accordance with the City approved plans and specifications. The Owner's Engineer shall inspect said construction, certify it in writing as having been completed in accordance with the City approved plans and specifications, and submit record drawings on mylar film of the completed extension to the city. The Contractor shall furnish to the City a written warrenty covering defects in material and workmanship in the completed project within one (1) year from the date of completion. O\o'ner shall insure that the Engineer and Contractor perform ~~ specified herein. -- , . e . UTIL. EXTEN. AGREEMENT (for privately-funded extensions), Page 4 (9) After Ci.ty approval and acceptance of said completed extension(s) for ownership and maintenance, Owner may request utility taps to the extension. (10) Upon transfer of ownership of the completed extension to the City, City agrees to accept the value of the extension as a pro rata portion of the prevailing connection charge for water and/or sewer service against said property belonging to Owner. Owner shall be responsible for all other customary charges. (11) In the event that other owners of property abutting the line extended by Owner under this contract shall utilize the extended line constructed under this agreement, by making connection thereto under a permit from City within a period of ten (10) years from and after the date City has accepted the construction of said facilities by the Contractor, City agrees to collect from said property owners, its prevailing connection fees from said property owners and to reimburse Owner the amount collected from such property owners, until Owner has been reimbursed a maximum total of the sum paid by Owner to the Contractor under the terms of their contract, less Owner's own water and/or sewer connection charges. In the event that other Owners have participated in the cost of the extension of this line, all participating owner shall be reimbursed oro rata to their respective participation in the cost of the extension. (12) The execution of this agreement commits the applicant to the minimum extension described earlier and will be sufficient evidence of said extension to allow for the issuance of a building permit for the applicants proposed building expansion. I . . , ~ UTIL. EXTEN. AG.~[lT (for pri vatelY-fUnde'-.nSiOnS). Page 5 . (13) The City of La Porte shall have until November 15, 1988 ~o determine if there will be any partjcipation in the extension on the part of the c~ ReA" ;-. t:#es- J",f.:.'; 7/17lr:...../ l.j/ff lo11/~ , p(Lt-:"i--'6~ IN WITNESS WHEREOF, the pai~ties to these present have eXecu tee this agreement in several counterparts, each of which shall be deemed an original, in the year and day first mentioned above. CITY OF LA PORTE (SEAL) ATTEST: BY: BY: (!k1/~- &uL TITLE: (Secretary) ,. (SEAL) / f - OWNER: )lk1/mv/",n-_!~m~_1ff.6i:.h ~~ /// / . , " " _~1._ ~___ ~~.,q#~ I~ TITLE: ,z::;;:~ / PG"I"'/ r- --------- (Witness) ,--j (Address/Zip Code) /)c-r' / ~~ r; 2- 'r 77772.- J"-fl/'j/ rf7?rc:- Note: City Secretary should attest: If Owner is a corporation, Secretary of Corporation should attest. ,/ - -/. _/./- --- .r- :-." ,,~ 'r- :j';--l 'l:i ". ,- r ' '-._ . . '.. i. ~ :~. ~:,:;: ;;... '- '- MECHANICAL REPAIR & ENGINEERING: iNc. :," \ ...1 202 NORTH 18TH · P.O. BOX 1542 · LA PORTE, TEXAS 77571 · (719) 471-1061 September 27, 19B8 Mr. John Jornes ;o;-i~, " City of La Porte La Porte, Texas Reference: Fire main extension at 202 N. 18th Dear John, The current 1983 fire main ordinance requires that the farthest point of my building be no more than 300 feet from the closest fire hydrant. When I built in 1981, this requirement was not in effect. The farthest point of my existing building is 350 feet from the hydrant in front of my building. I wish to extend this present building 80 feet. To do this, I must meet the 1983 fire code which does not allow for any reasonable variance. I am in compliance with the State Board of Insurance which requires that the building be "within 500 feet by a direct line" of the hydrant. To meet city ordinance requires that I place a hydrant 3 feet from the side of my building and 150 feet from my front property line. This hydrant would be of little use for fire protection to anyone at this location. There is an existing fire hydrant across the street from the building and this new hydrant would be within 200 feet of this existing hydrant. / .. .- " MECHANICAL REPAIR & ENGINEERING, INC. ~, 202 NORTH 18TH · P. O. BOX 1542 . LA PORTE, TEXAS 77571 . (713) 471-1061 If I must meet this 300 foot requirement at this time to obtain a building permit, I would like to propose that the City of LaPorte and I consider joining in an utility extension agreement and evenly sharing all the cost to run a 450 foot water main and fire hydrant to the corner of North 18th and West Adams street. --- I would provide the engineering. The city would provide the rock and the equipment to extend the rock surface of North 18th to this corner. This extension would provide better fire protection, whereas just meeting the ordinance requirements would provide no additional fire protection and be a 100% waste of good money. This extension would also be the starting point for other property owners to develop their property north of my building. I would be pleased to review any other suggestions that you might have that would provide the type fire coverage required by the City. I request that the City review the 300 foot requirement, which is very stringent. I would appreciate a timely reply as I would like to start construction as soon as possible. Thanks! Sincerely, c-ZJ . ' .L c"", sr. eM,,"" E?v'/pm~n, ~ ?-' \ :5ourrl 400' .-0- \ - .I N,. /)55 51'~/T' ;t ..I" L.~ fi,.,lc- 0;-. --;1- /~..~/ . \ d ~ C/'S..d - C, I' . '. t ,Qi?.."d,,,etlc ~ ALJ.ey- y'",~..,1<::.I, - - ( , - s.. ,..I'..ce: -- / C4 :S,!l~ I , ~-";$I. I - - I ~ , i - - / .-.-./ - d - y"---r-i \ . I p", <. Ku..:.G ~.~~.:" _. '" I - - ~ i ~ 'Z.(~ e. ~. - - / I i ~ I - \$ f i I L I . I .i ZJ7' 't: ~ I I 1 j'I1L ~.;. \ "" I / ' ! 1 S\ , ~ r... (tI ! ~ I i (, ~ .t I - \ I -<t- I I . , .... .. ! ,I ! '. 0130' ;( - !\ i i =-'" - i , / I- i , ..., ....., . I '.., ........... I , . '1\\ I ! ~ i i i .. . 'l.Ic{ ~ , ! EX-I"';)T'. _ ~ ~ \ \I I I . , HOP 4 5TCI~p.,GC. ~ ... " , I S 1'l>,&3o', 1 ..... 't . .' .. ~ \" i \ I . ,",.\rlOIC..4~ " I ~ - ;j 'P4Li(I~ ~ 'S'! - . . .~ . .a , , PROpoSetl e. ; ~ s1 . \ i '" .. -:5TOR"'" 'X '-' ~ AOO\T'\;~o 11' 01 _ ff i 'i) I '0 _ "__ _ _--r..___. '" ~. ~ I ~ I ~ '" 0.. .I -- ., , ---.- -:;-s" " I ";.a "" ! r- ~ <I- -.. L. L ~~... ~. "..: I - I OFFIC.E ."' i , I I. , . --r,:snra- '- >; & I I^ i l"l o{l II..! 1- I ~ lj 4- I , /t>',J,-, .1. \I..l .. I I+''O..D If! I o (,"c>'er'Y I _. -~- I , I j.../,vc5 . , ---\ - ---- WiJaJ(. I i t NO/ZTH 41t>o' 7 /fy Q""," r ---- -- --- I I \ i -." II t'7.V I Q - .~ ':<-.= ( ro j1?~ ( 'in Cbt7E' " ~ ----<il J . t/~ruM" STREET ::Jo,"" , /fr; fJiZ.#>-'1' . 18 tho NORTH '- ~ FOR CITY COUNCIL AGEBDA L , ..._, Agenda Date Requested: December 12. 1 q88 Requested By: John E. Joe rn s Department: Administration X Report Resolution Ordinance Exhibits: 1) Letter from TC&B dated 11/21/88 2) Agenda request form from Council Meeting of 1/25/88 3) Letter from Sears & Burns dated 1/12/88 SU~ & RECOMMENDATIO~ City of La Porte Project # 85-7106, EPA Project # C-481176-03-0 Step III, Contract IV; Rehabilitation of Sanitary Sewer RE: Tinker Industries, Inc. vs. Jess Lovelace (Sewer Rehabilitation Lawsuit). At the Council meeting of January 25, 1988 the City Council approved the contract for Engineering Services to provide consultation and expert witness testimony for the City in their efforts in the settlement and trial of the sewer rehabilitation lawsuit noted above. As suggested in the authorization an initial budget of $15,000 for these services was established. At that time the trial date was set for April 11, 1 988. The trial is now tentatively set for January 2, 1 989. To date the City has been invoiced for $10,819.68 of the original $15,000 authorization. An additional authorization of $12,500 has been requested by TC&B. This request is based on the judgement of Sears & Burns and TC&B of estimated effort necessary to prepare for and participate in the trial. TC&B because of their thorough knowledge of the history of this project, work completed since 1983 and work completed by the P&M construction contract (awarded by Council 12/6/87), is the logical choice to provide these services. These funds are potentially recoverable pending the outcome of the trial. Action Required by Council: Approve additional authorization of $12,500 to the contract dated 2/1/88 retaining TC&B to provide assistance in the preparation of the case and to provide expert testimony to prove liability and damages. The staff recommends utilization of the Utility Contingency Fund which has a fund balance of $50,000. Availability of Funds: General Fund X Water/Wastewater Capital Improvement Gene ra1 Revenue Sharing Other Account Number: OO?,-810-810-Q04 Funds Available: XX YES _ NO ARDro~ City Council A2enda I~~g _:6k R~ . Herrera DATE , , C' y Manager e e NEIL E. BISHOP SENIOR VICE PRESIDENT TUlllerCollie<9Braden Inc. ENGINEERS . PlANNERS P.O. BOX 13089 HOUSTON, TEXAS 77219 5757 WOODWAY 713 780.4100 ~:.~, r~\~. ---. -. -- m, i~':r,-~ TELEX 774185 TCB HOU November 21, 1988 r I :i) C) " 1988 I \J f..I;::; l\S~)"fi ':.!T',/ ~J'/\~.l;\;~:R .". .........., ^". ! . , . Mr. Robert Herrera City Manager City of La Porte P. O. Box 1115 La Porte, Texas 77571 Attention: Mr. John Joerns Assistant City Manager Re: Engineering Services as Expert Witness Tinker Industries, Inc. v. Jess Lovelace Dear Mr. Herrera: Turner Collie & Braden has been providing services as outlined in our January 20, 1988 authorization letter. These services have been at the direction of Mr. Charles Dippel of Sears and Burns. Trial preparatory services which are still to be completed or which have been added are as follows. l. Review and prepare a reply, as necessary, to the three volume report prepared by the bonding company's forensic engineer. 2. Update summary tables of completed project construction items. 3. Prepare for testimony at deposition and trial (including cross-examination sessions). 4. Participate at depositions. 5. Participate at trial which is tentatively set for January 2, 1989. Based on these remaining requirements, we request an authorization supplement of $12,500. This supplement reflects our conversations with Mr. Dippel and are based on his and our judgements of estimated efforts which cannot be truly AUSTIN . DALLAS . DENVER . FORT WORTH . HOUSTON . PHOENIX . PORT ARTHUR e e Turner Collie <9Braden Inc. November 21, 1988 Mr. Robert Herrera City of La Porte Page Two defined at this time. We will continue to inform the City of La Porte of changes in our effort and authorization requirements. Compensation for work performed on this assignment would continue on a cost reimbursable basis. If our supplement request is acceptable to theCi ty of La Porte, please sign in the space provided below and return one copy for our files. Please call if additional information or clarification is desired. Very truly yours, . lttd /, ~ Neil E. Bishop, Ph.D. , P.E. Senior Vice President NEB:FSM:1f ACCEPTED: CITY OF LA PORTE By: Title: Date: - - ---------------- REOb~ FOR CITY COUNCIL AGENDA~EM ~~mwJW~~ ._- Agenda Date Requested: Januarv 2S. 1q88 Requested By: John Joerns Department: Administration C XXX Report Resolution Ordinance Exhibits: Letter from Sears & Burns dated 1/12/88. Letter from Turner, Collie & Braden, Inc. dated 1-20-88. SUMMARY & RECOMMENDATION City of La Porte Project #85-7106, EPA Project #C-481176-03-0 Step III, Contract IV; Rehabilitation of Sanitary Sewer RE: Tinker Industries, Inc. vs. Jess Lovelace (Sewer Rehabilitation Lawsuit) The trial date for this lawsuit has been set for April 11, 1988. Sears & Burns has recommended the employment of Turner, Collie and ( Braden, Inc. as an expert and consulting engineering firm to assist in the settlement and trial of the case, including expert testimony to prove liability and damages. ( TC&B has acted as the City's engineers on this project since approximately mid-1983. They have provided engineering and inspection services for the; Catlett Lane/Emergency Repairs: Project # CLP 83-7104-84 Cleaning, Televising & Point Repairs: Project # CLP 84- 7150-85 as well as providing the engineering services on several of the efforts to re-bid the remaining work identified by Contract IV. TC&B is currently under contract to provide engineering and construction phase services as well as daily project representation for the recently awarded construction contract with P & M Construction. Staf~ concurs with the recommendation of Sears & Burns. TC&B because of their thorough knowledge of the history of this project, work completed since 1983 and work prop.'c>s'id by the P&M construction contract (awarded by Council on 12/6/87), is the logical choice to provide these services. A suggested initial ( qudg et fo r thes es e rv ic e s---rs$1S~OOO-;;-00; Action Required by Council: Approve contract retaining Turner, Collie & Braden, Inc. to provide assistance in the settlement and trial of the case, and provide expert testimony to prove liability and damages. The staff recommends that the initial budget authorization of $15.000.00 be paid out of the Utility Fund Contingency which has a fund balance of $100,000.00~ - Availability of Funds: General Fund /~ Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: _ YES _ NO ( - -" - Aooroved1I:f'O'n C i tv Connc i1 Ae:enda -~/ 1-- ,/?Pf) /"';'~j~ ~ber~. Herrera DKTE City anager r~ . Co~,\ ,0 0t, &.....J Iim"@-r.:w~n 'J ~} fu ~Oy~ e f) (;~~ V. ~ ~;. ~~ ~' ~~ -!. SEARS AND BURNS ~ '" ~ \.,..; ~ ~ ATTORNEYS AT LAW \.'~\I~ 1 A 1988 ~ ()loA. 55 WAUGH DRIVE. SUITE 400 WILL SEARS '0~v... ..eJ:" r~ HOUSTON. TEXAS 77007-5612 ASST. CITY MANAGER TELEPHONE ROBERTL.BURNs ~QJ .~ OFFI"E (713) 863-9601 C.CHARLESDIPPEL *"',\ ~ t,' v ( ~. MARK BREEDING . January 12, 1988 CH"""H""'" ~,JGif'("i\?- \~ ( Mr. Bob Herrera F1eCl:i\iCD City Manager City of La Porte, Texas JAN' ,~ 1"'1'\8 P. O. Box 1115 .. tJ :!0 La Porte, Texas 77571 Re: Tinker Industries, Inc. v. Jess Lovelace (Sewer rehab lawsuit) Dear Mr. Herrera: We desire you to employ Turner, Collie &: Braden, Inc., as an expert and consulting engineering firm to assist us in settlement and trial of the case, including expert testimony to prove liability and damages. The trial is set April 11, 1988. The primary defendant on the City's claim is Commercial Union Insurance Company, the surety on the performance bond. Both Tinker Industries, Inc., and Lovelace are either bankrupt or known to be insolvent. We have discussed the status of the case with the surety's lawyers and the surety is interested in exploring settlement, particularly because the cost to complete will probably exceed the ( penal sum of the bond. Turner, Collie &: Braden, Inc., has documents and knowledge of the project since approximately mid-1983. It employs experienced and astute senior engineers who have dealt with litigation matters before and are thus valuable as expert witnesses to give opinions on the various aspects of the City's case. We generally discussed the scope of services with Turner, Collie &: Braden, Inc., officers today, and they understand the direction we are taking. Since such services do not fall within the scope of Turner, Collie &: Braden, Inc.'s contract with the City, the City should employ it for these special services. An outline of the scope of services is enclosed. Please act upon this matter as soon as possible. If we can prepare and lay our case before the surety within the month, we - have a good chance of obtaining a settlement without trial. In any event, we need to prepare for trial, so timely action is necessary. . Sincerely yours, SEARS AND BURNS ( By (! C~/r d./L,.(d'/t/ /lQy?!- c.--t C. Charles Dippel CCD/ig , .' e e Mr, Bob Herrera City Manager (- City of La Porte January 12, 1988 Page Two ( cc: Dr. Neil E. Bishop Senior Vice President Turner, Collie &. Braden, Inc. P. O. Box 13089 Houston, Texas 77219 Mr. Knox Askins City Attorney City of La Porte P. O. Box 1218 La Porte, Texas 77571-1218 ( - ( . ,.. . e e Scope of Services ( Gather and organize all documents in the possession of Turner, Collie ~ Braden, Inc., 1. ( relative to the project. 2. Reconcile the total amounts paid by the City to all contractors on the project. 3. Formulate an opinion, if possible, 'as to the quality of work performed by all contractors. 4. Formulate an opinion, if possible, as to the reasonable and necessary cost of construction of the project, including any remedial work performed to rectify poor quality work by Tinker. 5. Prepare for testimony at deposition and trial on various issues submitted by Sears and Burns. 6. If required, prepare a written report stating the investigation performed, opinions formed, and the bases thereof. ( ,- ( - . e e REQUEST FOR CITY COUNCIL AGENDA ITEM ~ Agenda Date Requested: December 12, 1988 Requested By: Steve Gil1ett~~partment: Public Works X Report / Resolution Ordinance Exhibits: Bid tabulation of sealed bids for replacement of eight inch ( 8 ' ) sanitary sewer on East "E" Street. ~--- " SUMMARY & RECOMMENDATION Advertised, sealed bids for the replacement of two thousand twenty feet (2,020') of eight inch ( 8 II ) sanitary sewer main on East "Ell Street from Iowa to Brownell. Plans and specifications were requested by three ( 3 ) construction firms with two ( 2) returning bids. Bids were requested to include, as an alternate to solid shoring, boring, and jacking of the pipe past residences near the construction area to minimize possibility of damage claims. The low bid meeting specifications was submitted by Reliance Construction Company in the amount of: Base bid -$81,940.15 Alternate bid - $87,040.15 Adequate funds were allocated for utility relocation in the East " Ell Street Reconstruction Project authorized in the 1985 General Obligation Bond Issue. Staff recommends the award of the bid for replacement of the eight inch ( 8 ' ) sanitary sewer main on East "E" Street to Reliance Construction Company, low bidder meeting specifications. Staff further recommends acceptance of the boring and jacking alternate to minimize possible damage claims from property owners. Total cost of the contract is eighty seven thousand forty dollars and fifteen cents ($87,040.15) . Action Required by Council: Award alternate bid for replacement of 2,020' of 8" sanitary sewer main on East "E" Street to Reliance Construction Company, low bidder meeting specifications, in the amount of $87,040.15. ---"_.-- --- "--,-.---== Availability of Funds: General Fund Water/Wastewater X Capital Improvement General Revenue Sharing Other Account Number: 011-700-708-700 Funds Available: X YES NO - Approved for C~ty Council Agend~ Robert T.~~ I?~~g DATE I I City Mana e e e H. CARLOS SMITH ENGINEERS AND SURVEYORS. INC. PHONEA/C713471.4226 ~~ 423 N Hwy 146 P. o. BOX MX 529 LAPORTE. TEXAS ~ 77 5 72-0529 December 5, 1988 City of La Porte o rn @ ffi O'Yl ffi ~ P. O. Box 1115 DEe - 5 1988 La Porte, Texas 77572-1115 Attn: Mr. Steve Gillette (J Director of Public Works Re: City of La Porte East "E" Street Sanitary Sewer Replacement Job No. 2225-88 Dear Steve: Forwarded herewith is tabulation of bids received on November 30, 1988, for the East "Ell Street Sanitary Sewer Replacement project. Only two bids were received, one from McKey Construction & Equipment, Inc. and one from Reliance Construction, Inc. Both bids were within the range of the preliminary cost estimate. Reliance Construction was some $30,000.000 lower than McKey, which raised some questions as to their ability to complete the job for this amount. We requested references from Mr. Sidhu, which we have received, and have contacted all by telephone. Several gave excellent replies and several gave average replies. Mr. Sidhu also states that they have been pre-qualified with the City. We have discussed the bid with Mr. Sidhu, and he assured us that he could complete the project for his bid price. We would recommend the acceptance of the Reliance Construction, Inc. proposal on the basis of the alternate bid. This alternate is for boring and jacking the 8" sewer line adjacent to structures within close proximity of the ditch line. We believe this method of construction would present the least risk of damage to the structures. Page 1 of 2 '. It e In the event that the boring and jacking could not be accomplished, we would revert to the open ditch with solid sheathing in these locations. Negotiation with the Contractor would be accomplished at his bid price for sheating. In line with your request, and agreeable to Mr. Sidhu, we will delay start of construction until after January 1, 1989, also enclosed is copy of Mr. Sidhu's references. Very truly yours, H. Carlos smit~neers & Surveyors, Inc. ;;f IJJ -J , ~~'? H. Carlos Smith, P.E. President HCS/kr Enclosure Page 2 of 2 . . . . CITY OF LA PORTE 'E' STREET SANITARY SEWER REPLACEMEHT McKEY CONSTRUCTION RELIANCE CONSTRUCTION ----------------------------------------------------------------------------------------------------------------------- ITEI'I No. DESCRIPTION QUANT I TV UNIT PR I CE AI'IOUNT UNIT PRICE AMOUNT ----------------------------------------------------------------------------------------------------------------------- 1 B" P.V,c. SEt!ER (I' /6' 560 L.F. $19.25 $10,7BO.00 $18.00 $10,080.00 2 S' P.Y,C. SEWER 6'/8' 685 L.F, $19.25 $13,186.25 $19,00 $13,015.00 ~ 8' P.V.C, SEWER B' /10' 540 L,F. $19.25 $10,395.00 $21.00 S11, 340, 00 .J 4 B' P. V. C. SEWER 1 I) , 112 ' 'i7C: I .- $19.25 $4,523.75 $23,00 $5,405.00 i..';;,J L.r. ~ STANDARD ~ANHOLES 11 E,A. H,600,OO $17,600.00 H, 100. 00 $12,100,00 J 6 EXTRA DEPTH MANHOLES 10 LIF. $100.00 $1,000,00 $50,00 $500,00 ~ 8" STUBOUTS B E,A. noo.oo $2,400.00 $55,0.0 $440.00 , B CONNECT TO EXISTiNG SEWER 12 E.A. $300,00 $3,600.00 $190,00 $2,280.00 9 BORE ~ JACK S" SEWERLINE 105 L.F. $50,00 $5,250.00 $68.00 $7,140,00 10 10' STEEL CASING ENCASED 104 L.F. i85,OO $8,840.00 $39.00 H,056.00 in CONCRETE 11 DRISCOPIPE 1000, DR 32.5 112 L.F. $32.00 $3,584.00 $13.00 $1,456.00 12 ADJUST 8" C.I. SEWER PIPE 87 L. F . $70.00 $6,090.00 $32,00 $2,784.00 13 HOUSE CONNECTION W/WYE 1 E.A. $500.00 $500.00 $100.00 $100.00 14 CEMENT STABALIZED SAND 320 TONS $16.00 $5,120.00 $15.0(1 $4,800.00 15 TRENCH SAFETY SYSTEM 1915 L.F. $2.00 $3,830.00 $0.01 $19.15 16 REMOVE EXISTING MANHOLES 11 t.A, $200.(1) $2,200,00 $100,00 $1,100.00 17 PRESSURE SROUT SEWER LINE 15 C. Y, $400.00 $6,000,00 $140.00 $2,100,00 18 LUMBER LEFT IN TRENCH 81U. $600.00 $4,800.00 $300.00 $2,400,00 19 ADJUSTING RINGS FOR ! 1 L. F. $100,00 $1,100.00 $75.00 $825.00 FIBERGLASS MANHOLES 20 BORE ~ JACr 8' SEWER PIPE 2~{j L,F. $50.00 $12,500,00 $30.00 $7,500,00 ----------------------------------------------------------------------------------------------------------------------- TOTAL BASE BID: SANITARY SEWER REPLACEMENT ITEMS 1 thru 19 $110,799.00 $81,940.15 TOTAL ALTERNATE BIO SANITARY SEWER REPLACEI'IENT ITEMS 1 thru 17,ITEMS 19 & 20: $118,499.00 $87,040,15 DECEMBER 12, 1988 ( STATUS OF EAST "E" STREET DESIGN & ADVANCE UTILITY RELOCATION 1985 GENERAL OBLIGATION BONDS aQt:llt:U~IBaIIQ~ $ 12,000 $ 12,000 $ 12,000 ONGOING e :,:_~IB"I_Q,~l~~ -ARCH/ENG FEES $ 70,000 $ 71,507 $ 78,507 98% a2~a~',_UII~lIY_aQJ& SANITARY SEWER RELOCATION/REP. -ARCH/ENG FEES $ 13,500 AUTH. $ 15,000 85% -CONSTRUCTION $112,449 EST. *$ 87,040 OX WAI,Bl.l~~_a.QJ.. -ARCH/ENG FEES $ 3,000 OX -CONSTRUCTION $ 6,725 $ 6,725 0% CONTINGENCY (UTILITY RELOCATION) _i__S,aZg_ _1_1Z,~QO_ 0% e SUBTOTAL-ADVANCE UTILITY $159,000 $138,500 $124,265 CONTINGENCY i_1Qd)QQ i_,a,22J i_J~!.,Za TOTAL $251,000 $251,000 $251,000 * CONSTRUCTION CONTRACT TO BE CONSIDERED BY COUNCIL ON 12/12/88 REQUES1ItOR CITY COUNCIL AGENDA IT~ Agenda Date Requested: December 12 , 1988 Requested By: Steve Gil1ett~~~artment: Public Works X Report I Resolution Ordinance Exhibits: Bid tabulation and Engineer's Recommendation-Valleybrook Paving Replacement -.,. .---."..""- SUMMARY & RECOMMENDATION Advertised, sealed bids for the replacement of paving on Valleybrook Drive from Spencer Highway to Old Orchard Drive were opened and read on November 30, 1988. A total of six (6 ) bids were received. The low bid was submitted by Lively Walker, Jr. , an individual, in the amount of thirty-six thousand seven hundred dollars ($36,700.00). Mr. Walker has no experience in projects of this scope and has never previously purchased performance or payment bonds. The second low bid was submitted by D & W Contractors, Inc. in the amount of sixty-eight thousand seven hundred seventy-six dollars and ninety cents ($68,776.90). D & W Contractors have performed several similar projects successfully and received favorable references. Staff recommends rejection of the bid submitted by Lively Walker, Jr. , due to lack of experience with comparable projects, and the return of Mr. Walker's bid security. Staff recommends acceptance of the bid submitted by D & W Contractors, Inc. in the amount of $68,776.90 for the replacement of paving on Valleybrook Drive. Funds, in the amount of eighty-five thousand dollars ($85,000.00), were carried over by Council action on August 8, 1988 from unused 1987/88 Street Reconstruction Funds for this project. Action Required by Council: Reject the bid submitted by Lively Walker, Jr. for lack of sufficient experience and authorize return of Mr. Walker's bid security. Award bid to D & W Contractor's, Inc., next low bid meeting specifications, in the amount $68,776.90 for the replacement of pavement on Valleybrook Drive. Availability of Funds: X General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: 001-700-701-829 Funds Available: X YES NO Approved for City Council Agenda 1~/8/&g Robert T. ~j7~ DATE! I City Manag r e e ESPEY, HUSTON & ASSOCIATES, INC. Engineering & Environmental Consultants December 5, 1988 Mr. Steve Gillett Director of Public Works City of La Porte P. O. Box 1115 La Porte, Texas 77571 EH&A Job No. 11367 RE: Valleybrook Paving Replacement Bid Tabulation Dear Mr. Gillett: A total of six bids were received on November 30, 1988 at 4:00 p.m. A tabulation of all bids received is attached. The lowest bid was that of Lively Walker, Jr., an individual residing in Texas City. Mr. Walker is a concrete finishing tradesman who has worked on paving jobs, but as far as we can determine he has never undertaken a project of this scope before. He has not previously purchased performance and payment bonds, and judging from his inability to secure a bid bond in time for the bid opening, we have some doubt that he would be able to secure bonds. Mr. Walker's concern about his bid after the opening and his questions also lead us to believe that he did not know the scope of the project prior to bidding. In summary, we do not believe that it is in the City's or Mr. Walker's best interests to contract with him for the project. We recommend i that his bid be rejected and his bid security returned to him. The second bid of D&W Contractors, Inc. of Bay town is recommended to the City for acceptance. D&W has successfully performed similar work for Harris County, Grocer Supply and American Thermal Plastics with these owners having reported acceptable performance. Very truly yours, Qge~ Project Manage Houston Division DClsll Enclosures 888 West Belt Drive South, Suite 200 . Houston, Texas 77042 . (713) 781-8800 VlUEYBROOK MVIMi RE~ CITY (F Ul PORTE, TEXAS EH&A JOB t{]. 11367-{)2 BID ~TE: IoEDtESllAY, IIJVEMBER 30, 1988 WE: 4:00 P.1l LIVELY WALKER, JR. D I W ~TROCTORS A- TEC OOIteRS I CO SIC CO~TRUCTlON CO. KINJSLEY CONSTROCTOR J. M. K. CONSTROCTI ON -- - - -- ESTlMTED ~IT ~IT ~IT ~IT ~IT LNIT t{]. ITDl ~IT lDWTlTY PRICE llKlM PRICE AtIl.M PRICE IlKlLWT PRICE ~T PRICE AKllm PRICE IMl.NT 1. REKlVE EXISTINi COCRETE PAV9IENT S. Y. 1,720 I U, 000. 00 $5.90 $10,148.00 ta.51 514,637.20 $12.00 S20,640.oo $5. 00 ta, 600. 00 $4.91 ta,445.2O 2. 6. WE STAB III ZED SUBGRAOC S. Y. 1.950 I 3,260.00 4.75 9,262.50 3.34 6,513,00 4.80 9,360,00 5.60 10,920.00 9,13 17,803.50 3. 7' REI~ORCE CON:. PlMJIIENT S. Y. 1,620 I 8,240.00 18.15 2'3,403.00 20.16 32,659.20 17,00 27.540.00 22.25 36,045,00 ,26.&4 43,156.80 4. TYPE 'D' ~ TR!WSITl~ CM:RUlY T~ 1 I 3,300.00 930.00 930.00 600. 00 600,00 1,200,00 1,200,00 130,00 130.00 341.00 341.00 5. EX~I~ JOINT L.F. 185 I 4,200.00 7.00 1,295.00 3.00 555.00 2,00 370,00 6.50 1,202.50 3.58 662.30 , . 6- 6. IlOoEllED CON:. CJRB L.F. 1,036 I 4.000.00 1.90 1.968.40 2.50 2,590.00 4.00 4. 144.00 2.00 2, 072. 00 3.83 3,967.88 7. ~ T TRAte AND lEENT STAB. ~ S. Y. 170 I 3,000.00 35.00 5,950.00 26.91 ",574.70 25.00 ".250.00 28.00 ".760.00 37.75 6,417.50 . 6. COCRETE CJRB I WTTER L.F. 85 I 3,500.00 30.00 2.550.00 10.00 850.00 8.00 680. 00 20.00 1.700.00 4.20 J57. 00 9. 6' REIN=UIUD CON:. DRIVEWAYS S.F. S20 I 3,000.00 3.50 1.820.00 2.00 1.040.00 3.50 1.820.00 ".00 2,080.00 3.10 1,612.00 10. DETOOR I TR~IC aMROL SY5T81 L.S. 1 I . -1,200.00 5.450.00 S.45O.00 7,500.00 7.500.00 S, 500. 00 S,5OO.OO 17,000.00 17,000.00 8,344.00 8,344.00 TOTAL ~ BID $36, 700.00 I $68.n6.90 $71,519.10 $75,504.00 ta4, 509. 50 $91.107.18 IBID FO~ WAS IRREGlUlR IN mlT NO ~IT PRICES IERE LISTED AS REQUIRED ~D TOTIl. I.VlS ADDED IPalRRECTl Y. REQUE~FOR CITY COUNCIL AGENDA I~ . ._~, - Agenda Date Requested: December 12. 1988 Requested By: Louis Rigby $ Department: Purchasing Report Resolution Ordinance Exhibits: Memo to City Manager Letter from Houston Sanitary & Maintenance SUMMARY & RECOMMENDATION The current janitorial service contracts with Houston Sanitary & Maintenance for City Hall, Police, Sylvan Beach and Public Works are due to expire December, 1988. The contract is for a term of one year with a one year renewable option. Houston Sanitary has agreed to extend their services for the additional year with no increase in price. The yearly cost of all four buildings combined would be $43,560.00. The expense was budgeted by each department. Action Required by Council: 1 . Exercise option year to Houston Sanitary & Maintenance. 2. Do not exercise option and rebid. Availability of Funds: X General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Various Funds Available: X YES NO Approved for City Council Agenda RObert~a i~8 DAT City M a er -..---. '.".R , . . e CITY OF LA PORTE e INTER-OFFICE MEMORANDUM DECEMBER 5, 1988 TO: Robert T. Herrera, City Manager / Leuis Rigby, Purchasing Manage~~ FROM: SUBJECT: Janitorial Service Contract The City currently has four contracts with Houston Sanitary & Maintenance Company for janitorial services at City Hall, Sylvan Beach, Police Administration, and the Public Works Service Center. These contracts were signed after the original janitorial service, American Building Maintenance, was terminated before the expiration of the original contracts. The contracts with ABM were a result of sealed bids and were approved by Council on December 7, 19a7. The current contracts with Houston Sanitary were negotiated after ABM was terminated. (Houston Sanitary was the second low bid) The City Attorney advised this action was permissable since the City had fulfilled its competitive bid requirements. The original ABM contracts were for a term of one year with a one year renewable option. When the new contracts with Houston Sanitary were signed, it was stipulated that they were to have the same terms and dates as the originals. Houston Sanitary has agreed to extend their services for the additional year with no increase in price. r spoke to Bert Clark (Sylvan Beach and Public Works), Elaine Bonner (Police), and Lamar Holloway (City Hall), and was told by all that extending the contract would be acceptable. As stated above, the monthly costs would remain the same: City Hall - $880.00, Police - $960.00, Sylvan Beach $1,340.00, and Public Works - $450.00. The yearly cost of the contract would be $43,56D.OO. - e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 12, 1988 Requested By: Steve Gillett~~artment: Public Works X Report / Resolution Ordinance Exhibits: Bid Recap Sealed Bid #0294 - Front Load Containers SUMMARY & RECOMMENDATION Advertised, sealed bids #0294 for front load containers were opened and read on November 28, 1988. Bid requests were mailed to five (5) manufacturers with three (3) returning bids. Low bid meeting specifications was submitted by S & S Welding Company. Using estimated quantities, the total cost of the contract would be seven thousand fifty-three dollars ($7,053.00). Staff recommends award of the bid submitted by S & S Welding Company, low bidder meeting specifications, for the supply of front load containers. Eight thousand dollars ($8,000.00) was budgeted in the 1988/89 Commercial Solid Waste Operating Budget for this contract. Action Required by Council: Award bid for supply of front load containers to S & S Welding Company, low bidder meeting specifications. -- Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing X Other Commercial Solid Waste Account Number: 027-700-703-821 Funds Available: X YES NO Approved for City Council Agenda J;18}ga if! 11 ROb~~. Herrera DATFI I Cit Manager . e - , e . CITY OF LA PORTE INTER-OFFICE MEMORANDUM NOVEMBER 29, 1988 TO: Steve Gillett, Director of Public Works FROM: Louis Rigby, Pu"chasing Manag~~ SUBJECT: Sealed Bid #0294 - Front Load Containers Advertised, sealed bids #0294 for front load containers were opened and read on November 28, 1988. Bid requests were mailed to five manufacturers with the following three returning bids: 1) S & S Welding, 2) May Fabricating, and 3) Industrial Disposal Supply. Low bid was submitted by S & S Welding with no exceptions to the specifications. Total cost of the contract using estimated quantities, would be $7,053.00 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. LRlgr Attachment: Bid Tabulation xc: Buddy Jacobs, wi attachment Bill Fitzsimmons, wi attachment . .. . e e SEALED BID #0294 FRONT LOAD CONTAINERS S & S WELDING '- - .. 1. 3 YARD CONTAINER 312.00 318.00 324.00 I _. I - - I I I 361. 00 I 364.00 I I 2. 4 YARD CONTAINER I 325.00 I I I I I I I 449.00 I 494.00 I I 3. 6 YARD CONTAINER I 425.00 I I I I I I I I 557.00 I 598.00 I I 4. 8 YARD CONTAINER I 510.00 I I I I I J I I I I I DELIVERY IN DAYS I 2: 30 10 21 " I I I I I I I I I I I , I I I I I \ I I I I I , I I I I I I I I I I I I I I I I I I I I I I I I I I I I , I I I I I I I I I I I I I I I I I \ I I I I I \ I I I I I I I I I I I I I I I I I H I I I I 'j I e e REQUEST FOR CITY COUNCIL AGENDA ITEM L" - Agenda Date Requested: December 12, 1988 Requested By: Steve Gillett~L/~artment: Public Works X Report I Resolution Ordinance Exhibits: Bid recap sealed bid #0296-Industrial Wheel Loader with Backhoe SUMMARY & RECOMMENDATION Advertised, sealed bid #0296 for an industrial wheel loader with backhoe were opened and read on December 5, 1988. Bid requests were mailed to six (6) area dealers with five (5) returning bids. Low bid meeting specifications, of twenty-eight thousand five hundred dollars ($28,500.00), was submitted by DECA Equipment for a John Deere 310C. Staff recommends award of bid to DECA Equipment, low bidder meeting specifications, in the amount of $28,500.00 for a John Deere 310C industrial wheel loader with backhoe. Adequate funds were budgeted in the 1988/89 Motor Pool Replacement Fund for this purchase. Action Required by Council: Award bid for Industrial Wheel Loader with Backhoe to DECA Equipment Company, low bidder meeting specifications, in the amount of $28,500.00. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing X Other Motor Pool Replacement Fund Account Number: 009-804-805-856 Funds Available: X YES NO . .... __'''.'_ .. _ n...__ __ n., ,.. _ _. _ ....... . .-.. ....-.-. .- - u_ ". . .. _..__."._..__._.,... . __"_"". "__,.... ._ ,.f Approved for Citf Council Agenda J2hkS {#}rhl Robert TfJt'errera DATE I ( City Manager e CITY OF LA PORTE e " * INTER-OFFICE MEMORANDUM DECEMBER 6, 1988 TO: Steve Gillett, Director of Public Works FROM: Louis Rigby, Purchasing Manage~~ SUBJECT: Sealed Bid #0296 - Industrial Wheel Loader with Backhoe Advertised, sealed bids #0267 for an industrial wheel loader with backhoe were opened and read on December 5, 1988. Bid requests were mailed to six ( 6) area dealers with the following five (5) returning bids: 1) DECA Equipment, 2) Lansdowne Moody, 3) Preco Machinery Sales, 4) Case Power & Equipment, and 5) Mustang Tractor. Low bid of $28,500.00, was submitted by DECA Equipment. I have attached copies of the bids for your review. 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. LRlgr Attachments: Bid Tabulations Bids xc: Buddy Jacobs, wi attachments Curtis Herrod, wi attachments e e . 1 SEALED BID #0296 INDUSTRIAL WHEEL LOADER wI BACKHOE DECA MUSTANG TRACTOR . . . . - JOHN DEERE 1. MODEL 310C FORD 555B JCB-1400B CASE 580K CAT 416 I I 2. PRICE 28,500.00 28,990.00 I 29,063~00 ~0~374.00 I 52,612.0C - -.--.. j J -- - I 3. DELIVERY I 60 10-90 I 30-45 I 45 I 45 I I I I , I I I I I I I I I j I I I I ! I I I I , I I I I , I I I I I I I I I I I I I I ! I I I I I I I J I I I I I I I I I I I , I I I I I I I I I I I I I I I I I I I \ I I I I I I I I I I - ---- -_._--~~ e e REQUEST FOR CITY COUNCIL AGENDA ITEM - Agenda Date Requested: December 12, 1988 Requested By: Steve Gillett~~epartment: Public Works I X Report Resolution Ordinance Exhibits: Bid recap sealed bid #0297 - One (1) 1/2 ton pick-up truck and two (2) 1 ton trucks with service bodies. SUMMARY & RECOMMENDATION Advertised, sealed bids #0297 for one (1) 1/2 ton truck and two ( 2) 1 ton trucks with service bodies were opened and read on December 5, 1988. Bid requests were mailed to ten (10) area dealers with seven (7) returning bids. Overall low bid meeting specifications was submitted by Les Marks Chevrolet in the amount of forty-one thousand six hundred ninety-five dollars and eighty-two cents ($41,695.82). Staff recommends award of bid to Les Marks Chevrolet, overall low bidder meeting specifications, for the purchase of one (1) 1/2 ton pick-up truck and two (2) 1 ton crew trucks with service bodies in the amount of $41,695.82. Adequate funds were budgeted in the 1988/89 Motor Pool Replacement Fund for this purchase. Action Required by Council: Award bid to Les Marks Chevrolet, overall low bidder meeting specifications, in the amount of $41,695.82. - Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing X Other Motor Pool Replacement Fund 009-804-805-854 Account Number: 009-804-805-858 Funds Available: X YES NO 009-806-806-t352 - Approved Agenda /; ~~8 Robert T. r DATE I I City Manag r ------~ - -- ---- ~--------- , e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM DECEMBER 6, 1988 TO: Steve Gillett, Director of Public Works FROM: Louis Rigby, Purchasing Manage~~ SUBJECT: Sealed Bid #0297 - One 1/2 Ton Truck and Two 1 Ton Trucks Advertised, sealed bids #0297 for a 1/2 ton truck and two 1 ton trucks with service bodies were opened and read on December 5, 1988. Bid requests were mailed to ten ( 10) area dealers with the following seven (7) returning bids: 1) Les Marks Chevrolet, 2) Knapp Chevrolet, 3) Chuck Miller Ford, 4) Bailey Ford, 5) Tramonte Chevrolet, 6) Joe Camp, Inc. , and 7) Bayshore Dodge. Overall low bid of $41,695.82 was submitted by Les Marks Chevrolet. I have attached copies of the bids for your review. 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 Attachments: Bid Tabulations Bids xc: Buddy Jacobs. wi attachments Curtis Herrod, wi attachments ~ . e e SEALED BID LES KNAPP CHUCK BAILEY BAYSHORE 110297 MARKS CHEVROLET MILLER FORD CHEVROLET INC. DODGE CHEVROLET FORD 1 . 1/2 TON 11,259.98 11,318.00 11,323.43 11,540.00 11,644.92 12.018.35 12,544.C 2. 1 TON '15,217.92 15,190.00 15,391.39 NB 15,064.19 15,376.35 16,192.C DELIVERY 120 60-110 60 86 60-120 45-90 I 120 I f , I I f I I I I .' f J I t I I f I \ J 1 , I I \ I . , -- - - -- --- --------------- . REQUES~OR CITY COUNCIL AGENDA I~ - - ~ Agenda Date Requested: December 12, 1988 Requested By: Louis RigbY~ Department: Purchasing Report Resolution Ordinance Exhibits: Letter to City Manager Bid Tabulation ~ . SUMMARY & RECOMMENDATION Advertised sealed bids for uniform rental and service were opened and read on November 14, 1988. Bids were received from six ( 6 ) suppliers. Low bid was submitted by Dickie's Work Clothes Rental, our current supplier. Problems with service necessitated this bid, rather than extending the contract through the option year. Therefore, it is staff's recommendation to go with the second low bid, Best Uniform. Total cost of the contract, using yearly estimates, would be $27,458.60. Action Required by Council: Approve awarding bid to Best Uniform or Approve awarding bid to Dickie's Work Clothes Rental or Reject and re-bid - _".____TR"C_'T~____.__ ,___,_ _ ... . ....... .. -...-. -.- ----_.__.__..._.._.~---_._., ,. Availability of Funds: X General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES NO .-.. Approved for Ci~unCil Agenda ;;./g kg kl Robert T. Herr~ , DATE ( ( City Manager L._____..._~_..__. - e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM DECEMBER 7, 1988 TO: Robert T. Herrera, City Manager FROM: Louis Rigby, Purchasing Manage~ SUBJECT: Sealed Bid #0290 - Uniform Rental & Service Advertised, sealed bids #0290 for uniform rental and service were opened and read on November 14, 1988. Bid requests were mailed to five service companies with the following six returning bids: 1) Dickie's Work Clothes Rental, 2) Best Uniform, 3) Al's Uniform Supply, 4) G & K Services, 5) Admiral Linen & Uniform Service, and 6) Aratex Services, Inc. Bidders were asked to submit firm pricing for two years to furnish and service uniforms for field personnel, rugs, towels, and aprons, with an option to renew for an additional year. The total yearly costs that were bid, using estimated quantities, are as follows: Dickie's - $26,322.92, Best - $27,458.60, AI's - $28,800.20, Aratex - $34,882.64, Admiral - $35,312.16, and G & K - $35,828.00. Low bid was submitted by Dickie's, our current supplier. Our current contract is for a term of two years, which expires December, 1988, with an option to renew for an additional year. After speaking with the using departments, it was determined not to exercise the option year due to consistent problems with service, therefore, I cannot recommend awarding the bid to Dickie's. Second low bid was submitted by Best Uniform. The City has contracted with Best in the past and experienced minimal problems during the term of the contract. I have spoken to representatives from Best and they have assured me that all specifications and requirements could be met, with the exception of one. This exception deals with new employees getting new uniforms after original distribution and appears to be a minor concession. LR/gr . . e e \ l ; ~ \ \ '. \ \ \ \ , \ I \ \ \ \ I \ SEALED BID 110290 \ ' \ UNIFORM RENTAL & SERVICE ~ DICKIES \ BEST \AL'S UNIFORM\ G & K ; \ ADMIRAL I ARATEX ; . ORK CLOTHES\ UNIFORM \ SUPPL Y \ SERVICES \ LINEN & ~ SERVICES \ RENTAL \ UNIFORM : INC. \ \ . \ \ \ I , SERVICE \ \ \ \ , \ " \ REGULAR UNIFORM 3.59 3.95 4.20 5.00 5.00 5.25 SUPERINTENDENT UNIFORM 4.99 6.50 4.75 8.00 9.00 7.75 100% COTTON UNIFORM 4.39 3.95 4.50 8.00 9.00 7.75 WINTER JACKET 24.95 21.75 20.00 30.00 22 . 00 22.75 RUGS 2' x 3' .96 .75 1.25 NB NB 1. 20 3' x 4' 1.49 1. 75 1. 75 2.50 2.00 NB 3' X 6' 2.79 1. 75 2.25 2.75 NB NB 4' x 6' 3.95 2.75 2.25 2.75 4.25 3.60 4' X 8' 5.12 2.75 3.00 NB 5.50 NB SHOP TOWELS .04 .05 .04 .07 .05 .06 COTTON HAND TOWEL .15 .07 .12 .23 .13 .12 APRON .35 .25 .20 .50 .22 .28 SHOP APRON .35 .40 .25 .75 .65 .50 e . REOUEST FOR CITY COUHCJL AG~ ItEM - - Agenda Date Requested: December 12. 1 g88 Requested By: Charles E. Smith Department: Police X Report Resolution Ordinance Exhibits: Enclosed memo SUMMARY & ~COMM~NDATION On December 5, 1 988, sealed bid #0298 for five (5) police vehicles was opened. Sealed bids were sent to nine area dealers, with seven returning bids. The low bid meeting specifications was submitted by Knapp Chevrolet at $13,320.00 per vehicle, or $66,600.00 total. It is my recommendation that the bid for five (5) police vehicles be awarded to Knapp Chevrolet. Action Required by Council: Accept recommendation as requested, Availability of Funds: ____ General Fund Water/Wastewater Capital Improvement General Revenue Sharing X Other - Motor Vehicle Replacement Fund- Account Number: OOq-S02-so~-8s6 Funds Available: X Yes No Annroved for City Council A~enda 1fJvt1 /ffJe ~~t T ~ Herrera Date / City Manager '. It e , CITY OF LA PORTE INTER-OFFICE MEMORANDUM DECEMBER 6, 1988 TO: Charles E. Smith, Chief of Police FROM: Louis Rigby, Purchasing Manager~ SUBJECT: Sealed Bid #0298 - Five (5) 4-Door Sedans Advertised, sealed bids #0298 for five (5) Police 4-door sedans were opened and read on December 5, 1988. Bid requests were mailed to nine (9) area dealers with the following seven (7) returning bids: 1) Knapp Chevrolet, 2) Les Marks Chevrolet, 3) Bailey Ford, 4) Ron Craft Chevrolet, 5) Tramonte Chevrolet, 6) Chuck Miller Ford, and 7) Joe Camp, Inc. Low bid of $13,320.00 per car ($66,600.00 total) was submitted by Knapp Chevrolet. HGAC bid police packaged sedans, and with the options we specified, plus the 3% administrative fee, their cost was $13,779.09 per car. 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 Attachments: Bid Tabulations --- e e LA PORTE POLICE DEPARTMENT TO: Mr. Bob Herrera, City Manager FROM: Charles E. Smith, Chief of Police SUBJECT: Police Vehicles DATE: December 6, 1988 Sir: On December 5, 1988 sealed bid #298 was opened. Sealed bids were sent to nine (9) area dealers with seven (7 ) returning bids: 1) Knapp Chevrolet 2) Les Marks Chevrolet 3) Bailey Ford 4) Ron Craft Chevrolet 5) Tramonte Chevrolet 6) Chuck Miller Chevrolet 7) Joe Camp Ford Low bid was submitted by Knapp Chevrolet at $13,320.00 per vehicle or $66,600 total. Knapp Chevrolet was low bidder meeting specifications. It is my recommendation that the bid be awarded to Knapp Chevrolet. /~ ~ (', j k 0! - ~-, ~ . 0 D -. Charles E. Smith Chief of Police ; .. e . \ . KNAPP BAILEY CHUCK HEVROLET FORD MILLER \ FORD 1. PRICE EACH I 13,320.00 13,408.00 13 ,460.00 13,623.10 13,711.45 14,002.68 14,269.80 2. TOTAL PRICE 66,600.00 67,041. 65 67,300.00 68 , 115 . 50 68,557.25 70,013.40 71,349.00 I 3. DELIVERY 120 120 90-120 120 60-120 60 45-90 I , I I I I I : I i I : I I I I J I , I , i i I i i I I I I I I I I I , I I I I I I I --~ . . REOU~ ~Qj GITY ~OUNCrL AGENDA ~M - . -- - . ------- Agenda Date Requested: December 12. 1 g88 Requested By: John E. Joe rn s Department: Administration -. ,-~- --- .. . -...- - . - ----- XX Repo rt Resolution Ordinance Exhibits: 1) Concerns and Draft Guidelines for consideration of closed conduit drainage systems in open channel areas. 2) Chronological Outline of Drainage Maintenance Program - - SUMMARY & R~CQ"~~~D!IAQN " Workshop Item: Drainage Maintenance Program Upon receiving a petition from the residents of Gaucho Circle, Council requested staff to prepare a report on the City's Drainage Maintenance Program and review the current policies and procedures. A team composed of key Public Works & Department of Community Development employees examined maintenance, technical, and futu re planning issues. From this set of variables a list of concerns was developed which led to a set of conditions and guidelines for Council to consider if they desire a policy change. Please note that if the conditions and guidelines that are presented in this package are applied - Gaucho Circle would not qualify for the installation of continuous culverts. My educated guess is that this case (Gaucho Circle) is a fair indication of the practical and technical difficulties of mixing/merging open channel and closed conduit systems until fairly significant depths and culverts sizes are involved. Action Required by Council: Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number': Funds Available: _ YES - NO ~ ----------------- ADProved for City Council A~enda ------ ---~--_._--~ Robert T. Herrera DATE City Manager . ...-" . , , --. . . e e I.. ~ DRAFT DECEMBER 9, 1988 CONCERNS WITH THE INSTALLATION OF CONTINUOUS CULVERTS IN OPEN CHANNEL AREAS A. Can magnify mosquito problem 1. Water will stand in underground culverts. 2. Cannot easily use pesticides to control mosquitoes. B. Safety 1. Children can enter the larger pipes. C. Maintenance 1. Cleaning more costly and difficult. 2. Cleaning required more often. 3. Repairs and replacement more costly. D. Installation (If done by City) 1. More costly if City pays for materials and installation. 2. Interferes with ongoing Drainage Maintenance Program. 3. Less efficient than open ditch system. E. Questions 1. Who installs? Contractor or City? 2. Who performs inspection? City? 3. Who pays for inspection? Customer? F. Future Considerations 1. Continuous culverts probably will not be able to double as storm sewers if street is converted to curb and gutter. e e III -- - DRAFT DECEMBER 9, 1988 WILL CONSIDER CLOSED CONDUIT SYSTEM IN OPEN CHANNEL AREAS IF: 01- All property owners in the block participate (both sides). 02. Customers pay for all materials. 03. Customers hire contractor to install. 04. Conforms to CLP Comprehensive Plan, codes and ordinances. 05. Street is not a thoroughfare as shown on the City Thoroughfare Plan. 06. Drainage Maintenance Program work has previously been completed in the area. 07. Culverts must maintain a minimum of three feet (31) of lateral separation from any other utility. 08. After installation the pipe and associated materials will become the property of the City of La Porte. If upon future improvements (Le. curb and gutter) the pipe and other materials may be incorporated into other Public Works projects. 09. Swa1e to be maintained with a grassed surface. 10. Proper flows can be carried through the system aft e r enclosing (one-hour five-year storm). A. Inlets are installed a minimum of fifty feet (50') apart to collect all stormwater from a one-hour five-year storm in the drainage area. B. Pipe to be sized to handle the runoff from the entire drainage sub-area in which the continuous culvert is located. C. Minimum flow velocity to be 3.0 feet per second. 11- Pipe bedding to conform to CLP standard specifications. 12. Upon proper examination of roadway, roadway geometry etc. , City of La Porte may deem it necessary and install culverts when necessary to protect and extend the life of the pavement. 13. If street is on the Harris County Road Log or State Road System their conditions and policies will be examined. The more strict shall apply. e e . ~ .. _..... DRAFT DECEMBER 9, 1988 GUIDELINES FOR INSTALLATION OF CONTINUOUS CULVERTS IN OPEN CHANNEL AREAS. GENERAL CRITERIA: Proper flows can be carried through the system afer enclosing A. Inlets are installed a minimum of 50 feet apart to collect all stormwater from a one-hour five year storm in the drainage area. B. Pipe to be sized to handle the runoff from the entire drainage sub-area in which the continuous culvert is located. C. Minimum flow velocity to be 3.0 feet per second MATERIAL: A. 36" or sma11er--RCP B. Larger than 36"--to be determined by Engineering and Public Works at time of permitting and sizing. GRADE: Minimum necessary to achieve self-cleaning velocity of 3 fps. Size Minumum Grade 18" 0.25% 24" O. 17% 30" 0.13% 36" O. 10% 42" 0.09% NO. OF INLETS: Minimum of one every 50 ft., but spaced as necessary to -collect all stormwater from a one hour five year storm in the drainage sub-area. JUNCTION BOXES: Installed each time pipe size or flow direction is changed. INSTALLATION: Installation to be done per specification furnished by City of La Porte. e e \r'~ CITY OF LA PORTE DRAINAGE MAINTENANCE PROGRAM lABLE OF CONTENTS I. Chronological Outline of Drainage Maintenance Program II. Initial objectives of Drainage Maintenance Program III. Excerpts from Council Meeting of July 21, 1982 establishing interim residential driveway standards IV. Guidelines and Flowchart established for Drainage Maintenance Program V. Excerpts from Department of Community Development Policy/Procedures Manual -- - e e .. .--=. I. Chronological Outline of Drainage Maintenance Program - e e ... .. - CHRONOLOGICAL OUTLINE OF .DRAINAGE MAINTENANCE PROGRAM MILESTONES, Oct. 1980 There were no written policies for: - The setting of driveway culverts; - The setting of culverts in open ditches across entire property frontages. The unwritten policy (normal practice) allowed residents to purchase culverts which were installed by Public Works. There were no established Drainage Maintenance Programs and no centralized inventory of watershed mapping or runoff data available. During this period; - Culverts were paid for by owners and installed by Public Works forces; - The common practice was to size culverts based on the neighbors culverts; - Public Works when responding to drainage complaints often dealt on a hit and miss basis; common practice was to clean from point A to point B without any additional information. Oct. 1981 Adoption of the FY 81-82 Budget authorized a street and drainage foreman and a level crew to support a proposed Drainage Maintenance Program. Spring/ Summer 1982 Public Works and Community Development initiated an effort to formalize a Drainage Maintenance Program and basic objectives and guidelines were established. - e e \r _ , .. Page 2 of 3 DMP Milestones Summer 1982 As the city moved forward with the drainage maintenance work; - Requests were received from property owners to install continuous runs of culvert across their frontage (note: requests came from both area where drainage maintenance work was being done and outside those areas). - There were concerns that while the city was gaining ground we would, because of lack of policy be losing ground. Installations of culverts would be taking place in areas prior to the drainage maintenance program resulting in more effort, and more expense to the city when the program got to the area. July 1982 A staff memorandum recommended against the continued practice of allowing culverts across the entire frontage until a specific policy could be formulated for Council's consideration. Oct. 1982 Adoption of the FY 82-83 budget - the Drainage Maintenance Program was upgraded by the addition of another gradal1. - Internal guidelines were established stating purpose and objectives of the Drainage Maintenance Program (these were later incorporated into the Community Development Policies/Procedure Manual). Dec. 1982 The O'Ma11y & Clay watershed inventory was delivered. Spring/ Summer Sometime during this time frame staff made a presentation to Council on draft policies to be placed in a proposed Curb & Driveway Ordinance. Items that were to be included in the Ordinance included guidelines for: - Driveway width - Curb return radius - Distance from intersection to driveway - Spacing between driveways - Approach grades of driveways - Establishment of sight triangle - Authorization to relocate driveway approaches for healthy, safety of traveling public - Other concerns; Le. materials, obstruction clearance, permitting, inspections, etc. - ------ e e .. ---:: Page 3 of 3 DMP Milestones At that meeting the issue of across the frontage culverts was discussed. Due to the difficulty of mixing open channel and closed conduit drainage systems staff was not recommending resumption of the practice of installing culverts across entire property frontage. No further action was taken on the proposed curb and driveway ordinance. Nov. 1985 Objectives and guidelines were placed in Department of Community Development Policy/ Procedures Manual. June 1986 Final draft of Ordinance 1501 (Zoning Ordinance) was presented to Council. The draft incorporated some of the features of the proposed driveway ordinance. Jan. 1987 Passage of Ordinance 1501 (Zoning Ordinance) incorporated some of the features of the proposed driveway ordinance. e e .~ II. Initial Objectives of Drainage }faintenance Program e e . ':'- .. J/ .I ' <, ,J ,~.~ -:,... 1-' ". ~ :.... ,i:>"" " ; ,,':'.':.~l . ';~ '. ':" .'; ~~:p.~:~; Objectives of Drainage Maintenance Program . .~.:. . . ~.i' .' . . " :~>~::"'" . - -;;:.~t~t~:"~" -- . 'i,:',:;t:.;::: Objectives: '. ," . ; -,;,:-,~,::~ "~' ':.,", ,'. The first objective of the Drainage Maintenance Program is to clean and '. '. . ~ . . -. .-. " ~ . shape the roadside swales and minor outfall channels that collect and . ';. - . . ~::~':'::~~..>':. " carry stormwater runoff. As a general rule, the construction of new -' channels is not contemplated unless a suitable outfall is not available. .0 . The program is a maintenance program and is not geared to perform the " . . ~ . . major construction activities outlined by the Master Drainage Plan. . . . . ~_'f~".1~: ~ . . . ''''f" ~:' : ".-;" ;/~ .' .-, The second major objective of the program is to provide a permanent l~g "_>:<>-. "','" . .... of: .:.':::.~...:' ';'~:'. - all culverts and other drainage structures in place ", .....: ' - size and material type of all drainage structures and culverts - direction of flow and approximate grade - drainage area in acres at key points in the system _I :'.-'::"" - delineation of watersheds The third objective is to provide a method for sizing, approving and placing culverts within the City of La Porte. The permanent log will be tied to an approved permitting proce9ure for installation of driveways and/or culverts. This will enable La Porte to prevent the haphazard placement of culverts and keep the inventory of culverts and drainage - structures up to date. With these records available, the Public Works Department can schedule maintenance as necessary without requiring additional assistance from the Engineering Department. Survey crew to provide following information as a minimum: - Baseline for gathering field information # of culvert . . - size of cul vert material type location of catch basins and i.e. .t.t:.. i.e. of each end of culvert '. . Notable obstructions to drainageways (trees, etc.) " - . . . .7""...... . . ,'._" ... at even stations or at nota~le changes in topography -.. - edge of road 1 Ji:' oF~ ~e.tIJt... e.JC'r~~ -- - - centerl ine of ditch t..)..' ~ .-- - natural ground ~ c..v. vU,--..-:-J:;; .cue.'::> ~+-o...T~)I).: -.. Drafting to provide scale drawings of profiles of culverts, catch basins, and .. -.- all ground shots: Drawings to be on series pf legal size sheets of grid paper (with 10 squares to the inch) and match line to be consistent 6+00, 12+00, 18+00 etc. Grid shall reproduce on xerox copier. Also, culverts to be numbered and placed on City of La Porte topos. 4 .... . .........t d ~ ", .'. . ~...::.~ . . ~ --- - e e .,.11- III 0- I \ 0/ ""~ 4t ," .- I~ ' ." "'~I~ . .t:~ At regular meeting on Drainage Maintenance Program discuss: ., ~:..,t7'" , .: . "~" ". ~ ~!'~~:~ \: - progress of Drainage Maintenance Program and update progress map ~ ::.' , - ne\'o' "\Target area(s) _ . ""'~ . - the drainage study findings and recommendations for target area' - decide on outfalls and schedule a minimum of two streets to be completed by end of the week - status of final inventory and liAs Builtll comments by Public Works .' 0"'. - based on liAs Built" inventory from Public Works the mylar topos - - will be amended to reflect the water shed subareas. .- . ~ (~. !'. : .-' ~ .;:.:;..; [ ." " " ~ '.. . ," ..... . .~~~'_:"~' '. .: " .' J.' ',:" ....- ... . ---~.. --- ----- - ------- ,. - '. -. - . . ", - " . ---- .. . " . ). . ~ e e ,..'''-'': III. Excerpts from Council Meeting of July 21, 1982 Establishing Interim Residential Driveway Standards e e I' .. .... - .. . .' . t, . r Minu te,s, Regular Hee ting arid Public Hearing ~ . La Porte City Council, July 21, 1982, Page 3 - -.- 7. Council considered the appointments to the La Porte Electri Board. Mayor Cline read the recommendations: Walter Gernand - representative from HL&P , Knox Askins - Legal represen ta ti ve David Paulissen - Code Enforcement Lindsay Pf~iffer - Elected representative Gene Pfeiffer - Master electrician . C. E. Brown - Master electrician ). ~ ~ A motion was made by Councilperson Westergren to aoorave ~~E appo~ntmen~s oresented by Mayor Cline for the La Por~e Elec. tr~cal Boare.. - Second by Councilperson Skelton. Tile mot~on carried, 9 ayes and 0 nays. . Ayes: Councilpersons Westergren, Skelton, Gay, Pfeiffer, Graves, Matuszak, Longley, Malone and Mayor Cline Nays: None 8. Mr. Bill Fleener appeared befor~ Council to make a presenta- tion for sanitary sewer service from the Fair~ont Park sewe! r plant to property he proposes to develop east of College ViE ~ Municipal Utility District. After some discussion Mayor . . Cline asked Council aooroval to refer Fleener's pro=osal to .. . . a workshop meeting. The City Secretary was directed to' plac this item on an emergency adendum for the July 26 workshop. 9. The City Attorney read: A RESOLUTION OF THE CITY OF LA POR1 . TEXAS, RATIFYING AND AUTHORIZING ITS PARTICIPATION IN TSE "j COALITION OF CITIES ~nTH ORIGINAL JURISDICTION TO INCLUDE DPO SHARING AND INTERVENTION WITH SAID COALITION IN THE HL&P RAl REQUEST. ~motion was made by Councilperson Skelton to pass and aooro Resolution No. 82-12 as read by the Citv Attornev. Second b :.......::. Counc~lperson Graves. The motion carried, 9 ayes and 0 nays - - Ayes: Councilpersons Westergren, Skelton, Gay, Pfieffer, Graves, ~atuszak, Longley, Malone and Mayor Cline None ~ _ ______ _ . - ~ --v ....,. 'v'/ /.......... .......... The Council con'sicered a recommend.-:ltion by John Joerns and Jerry I!oc.:ge putting .a mor.-:ltorium on the inst.-:lll.:u:ion of culv pi~c across enti~e prorerty front.-:lges for residenti~l proper A ~otion :';.lS r.1.-:lce !J.! Counciloerson tvesterqrcn to ol.:lce a mOr torl~~ on tne lns=.-:lll~tlon O[ CU1~er~ ~loe ~C~OS5 enClre ~ro; ~~ t~ont~ces 0: ~esl~ent~.-:ll ~r:o~er:tles until sucn Clwe ~$ ~ cO~7J:-ch0.nsl'..e dr:~1:;.-:lC'2 ?OllC\' C.-:ln UC. :.:or:-:-'Ul.dtcc .1nu .lUO?Cl0q /'- EXHIBIT "E" - e e .... '......-.:. . .. . , . , ~ ..........- .'\- ~ 'c. . mnutes, Regular ~leeting and Public Hearing ~ '- La Porte City Counc,l, July 21, 1982, Page 4 ...~ the interim residence drive\olay standards pro;::osed (drawing~ a par~ oi oificial minutes). Second by Counc~lpe~son Malor The motion carried, 9 ayes and 0 nays. , Ayes: Councilpersons Westergren, Skelton, Gay, Pfeiffer, Graves, Matuszak, Longley, Malone and Mayor Cline None ~ 1. - 11. Council considered that Jack Owen, City Manager, will compl ;.,.~,.q six months of service with the Ci ty of La Porte on July 25, , A motion was made by Counci1person Lonqlev authorizinq a $4,000.00 oer year increase in salarv to take eifect Auqust 1982. Second by Counc~lperson Westergren. The mo~~on carr 9 ayes and 0 nays. Ayes: Counci1persons Westergren, Skelton, Gay, Pfeiffer, Graves, .Matuszak, Longley, Malone and Mayor Cline Nays: None '_ ( 12. City Attorney Askins read: AN ORDINANC~ AHENDING ORDINANC:=: NO. lIDO, AN ORDDiANCE REGULATING GAHE ROO~'lS, PROVIDING LIC:=::-rSING PROCEDURES AND FEES, REGISTERI)lG OF SKILL OR PLE.:;SURE ORIENTED COIN OPERATED Hi\.CHINES AND PAYHENT OF OC- Cl!P.:;TImrAL T.;;X THEREON, REGULATING HOURS OF OPER.:;TION, PRO- VIDI:-rG ST.:;NDARDS FOR OPERATION, PROVIDING TH.:;T ANY PERSON VIOLATING THE TERHS OF THIS ORDINANCE SHALL BE DEEHED GUILT OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SU:.1 NOT HORE THAN TI'lO HUNDRED DOLLARS ($200.00); CONTAI~ING 'I A SEVERABILITY CLAUS.E; FINDING CO(.lPLIANCE ~vITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DAT~ HEREOF. . A motion was made by Councilperson Pfeiffer to aporove and aco~t Ordinance No. 1100-8 as read by the City Attornev. Second by Counc~1person Gay. The motion carr~ed, 9 ayes anc . -=-. '~,. 0 nays. Ayes: Councilpersons Westergrcn, Skelton, Gay, Pfeiffer, Graves, Matuszak, Longlcy, Malone and ~ayor Cline ~ays: None / 13. The.Council consideLcd ~he L~co~7.cnu~tion :rom Chief Inspect D~V~d pau1isscn.co~ccrn~ng.b~us LC~clvcd for the demolition 0: cangcrous bUlldlngs. OlUS Lccclved WCLC as follo~s: Ol.s~a:1 - $1-1,.100.00 ( :.J ill.i. .1::1S - S 11 , 450 .00 ~ D~nicls - S7,000.00_ e e w-' I '- .~ I , I, , '., .' .' ,. ,/ J . 'j \ ,...." ~ ~,. . . CITY OF LA PORTE , . I~TE~-OFFICE ME:-IOR..-\XDl..":1 TO: Jack OV/en, Ci ty t1anager . ". . . DATE: 07-01-82 FRD:{ : ~ L. Hodge. Oi rector of Pub 1 i c l':orks J.. ~ poerns ,~- Graduate-Eng-i n-eer- ..___._.n__ ;- SUBJECT: Dr I I age , " In the past, the City has allowed residents to install culverts across entire property frontages. This work was performed by City crews, with the citizen paying for material. There are several problems associated with this .... praCl.lce. , - The primary proble~ is maintenance. These culverts must be kept clean to - - maintain flow and long runs of pipe are difficult to clean, especially if objects are lodged inside. . In addition, they are difficult to inspect for obstructions and shifts in grade. If resetting the culverts beco~es necessary due to shifting or if it is determined that the culverts need lowered and/or sized larger;~his requires' diggi~g Up what the resident now considers part .. of his yard, with the additional expense of clean up and landscaping. - Another problem associated with this practice is capacity. With a heavy ,- rain, once the Hater level fills the pipe, any additional water has nO\'lhere to ,- go, and overflows upstream. This delays runoff, and could result in upstream flooding. . It is recor.mended that the City declare a moratoriu~ on this practice, with tne exception of co~mercial development. This moratorium will prevent installation of long runs of culvert which may soon require readjustment due to our ongoing drainage maintenance program. The staff recc~mends that the moratorium remain in effect until a specific and comprehensive drainage pol icy can be formulated by staff for Council approval. . If you should have any questions, please advise. JJ/JLH/ds'r'I !)/ e e .. \r _ . ~.. .. .- ... ... .- .... , . . ,. , , lr , . a . '- (J I~ITERrr1 RESIDENCE DRIVHIAY STANDARDS . FOR OPEN-DITCH TYPE STREETS . .. .. . - Surface Width . \. , Min.181 Max. 251 . - .. - . p. . . .. L .~..;.;..;'.. .:.... .. Y' ~ ~ y Open Ditch I I ~ of Ditch I 1 Open Ditch I I - ~ . J ~ ~ . ^- I -.- - -- Driveway Radius - Min.. 2' - Nax. 51 (. .' Edge of Traveled. Roadway PLAN VIEH u. .---- -..-.----. ... - .~ ~ . '.. . ..- . . . . Surface Width ,. " . -._-~ -. - . Adjacent Natural - - 2XDepth grade 2XDepth r.~n~.. ~ "'...,......^'"...../I'\I^\y',~, " '0 ..J..o ?_.......O.."..~. .oJ'... :".".,.0.... _ ".;.. .a......_.CI:o.o:~~ / / depth :)i . - \j! t. DiJmetcr ViJr . . C 8" fI i n i:r.u unlese; spc Profile iJpproviJl b , ( , . '- CXH/8rT // C" tiOTE: Drawing Not to Scale ~ e e ~ :-..: N. Guidelines and Fl~hart Established for Drainage Maintenance Program e e Ir_ _1Itt '. DRAINAGE MAINTENANCE PROGRAM BASIC DESIGN GUIDELINES . I. CULVERTS A. Absolute Minimum Size is 15" I.D. (unless 12" is given - -- ~pecific approval) B. Preferred Minimum Size is 18" I.D. -- 1- If using smaller, move to 18" as soon as sufficient cover is available even though hydraulics may not warrant it. C. Maximum Culvert Length is 24 feet plus 4 times depth of ditch. 1 . Example: Ditch = 2tz Deep. Maximum Culvert Length = 24 + (4 x 2) = 32 Feet ------- D. Type of Culvert 1 . Use R.C.P. for 24" I.D. and smaller. 2. For larger than 24", types and_shapes varies as conditions warrant. II. DITCH GRADES A. Absolute Minimum is .15$ B. Preferred Minimum is .20$ . C. Culverts to be set on grade when possible for practical reasons. III. OTHER CONSIDERATIONS - A. Unless otherwise known, assume a typical block drains from back lot line to front lot line. B. At break points, make sure the centerline ditch elevation is at least 12" below edge of road. C. If possible, try to keep ditches two foot or less in depth. .' D. Try to find a suitable outfall channel or properly sized underground storm sewer within 800 to 900 ft. (2 blocks) from breakpoint. - e e IF '_ ... . . DRAINAGE MAINTENANCE PROGRAM FLOH CHART ( I En~ineerin~ Assigns Projectl I I Project Surveyedl I Survey Notes Reproduced, Reduced & Submitted to Engineering for Review I I Drafting Produces I Standard Drainage Profiles I Re-submitted To Surveying For Addition'3l Information I I Drafting Adds Additional Information To Profiles . Profiles Submitted to I Engineering For Design I .. .- Re-submitted To Surveying I ( For Additional Information, I Drafting Adds Additional Information To Profiles I Engineering Designs Drainage & I I Fills Out Recommendation Sheets I I Design t10dified I Or Re-designed I Design Approved! I I i I Construction Copies I I Originals To I Submitted to Public Works Engineering Files I I Public Works constructsl Required Improvements I Public Works Returns Construction Copies & Recommendation Sheets To Engineerin~ With'Comments I I I l Construction Copies To I Record Drawings Put On I En3ir.eerin~ Files Appropriate Drainage Maps r' EXHIBIT "A" e e . .,.'- .. V. Excerpts fran Department of CULll.1umity Development Policy/Procedures Manual e e . ~ - .. I' " . '. f .' , COMMUNITY DEVELOPMENT C', PROCEDURE/POLICY MANUAL ---- ---- ----------------- -------- SUBJECT: DRAINAGE MAINTENANCE PROGRAM -- --------- - ------ APPROVED: John Joerns DATE: November 12, 1985 -1II1El__Qlr~QtQr_Qf C --- -- RESPONSIBLE AGENCY: I Department of Community Development Surveying & Design/Drafting Divisions Department of Public Works - Streets & Drainage Division AUTHORIZATION: Departmental Policy as established with Public Works Department input and approved by the Director of Community Development. SUHMARY: , . To establish procedures and guidelines to accomplish the surveying, drafting, and designing of standard drainage profiles. Also establishes guidelines for the production of record drawings and drainage maps as work records are received from Public Works. .. - C~ ---------- ---- - ------ -- -- INDEX: I. General II. Objectives III. Surveying Guidelines IV. Drafting Guidelines V. Basic Design Guidelines VI. Mapping " EXHIBITS: A - Flow Chart B - Residence Driveway Standards --. ------------------------ ----------------- COMMENTS: Once the drainage maps are complete, Public Works will be able to schedule and conduct drainage maintenance without further assistance from the Engineering Department. For related items, see the Procedure/Policy Manual for Driveway & Culvert Requests. ( ------------------------------------------------------------------ REVISIONS: --------- -------------------------------- --- - e e . ....- JIll ..-.; , . .' C I. General _ ___ ____The._Drainage- Maintenance _ Program will allow the c-ity of La Porte to establish and maintain a reliable drainage system. It will enable the City to prevent the haphazard placement of culverts and keep the inventory of culverts and drainage structures up to date. With these records available, the Public Works Department can schedule maintenance as necessary without requiring additional assistance from the Engineering Department. As a general rule, the construction of new channels is not contemplated unless a suitable outfall is not available. This program ,is ~ maintenance Dro~ram and is not geared to perform the major construction activities outlined by the Master Drainage Plan. . II. Obiectives , A. To clean and shape the roadside swales and minor outfall channels that collect and carry stormwater runoff. B. To provide ~ permanent log of: 1. All culverts and other d~ainage structures in place. (, 2. Size and material type of all drainage structures and culverts. 3. Direction of flow and approximate grade. 4. Drainage area in acres at key points in the system. 5 . Delineation of watersheds. ~ c. To provide a method for sizing, approving, and placing culverts within the City of La Porte. . ( ~ III. Survevin~ Guidelines A. Survey crew to provide the following information as a minimum: 1. Baseline shall be centerline of street unless -- directed otherwise. 2. Assign a number for each culvert, catch basin, junction box, curb inlet, manhole, etc. 3. Size of culvert. 4. Material type. 5 . Location and invert elevations of all catch basins and other drainage structures. 6. Invert elevation and location of each end of all culverts. 7. Notable obstructions in drainage ways (trees, e tc . ). 8. At even stations or at notable changes in topography, (, acquire elevation of: a. Centerline of road b. Edge of road c. Centerline of ditch . - d. Natural ground ~.. . - . e e . .. - -- > . . IV. Draf1ing_QYiQglin~~ ( A. Provide scale drawings of profiles from survey notes. B. Use legal size sheets of grid paper. C. Scale to be 1 I' = 50' horizontal and 1 I' = 2' vertl"cal. D. Match line to be consistant 6+00, 12+00, 18+00, etc. -. - E. Culverts and drainage structure to be placed on to po maps and numbered. .- V. ~~iQ_Q~~ign_QYiQ~lin~~ A. Culverts 1. Absolute minimum size is 15 I' 1. D. , unless 12" is given specific approval. 2. Preferred minimum size is 181' 1. D. 3. Maii~um culvert length is 24 feet plus 4 times depth :. of ditch. (Reference Exhibit nBn) 4 . Type of Culvert: a. Use R.C.P. for 241' I. D. and smaller. b. For larger than 241', types and shapes vary as conditions warrant. . - B. Ditch Grades ( 1. Absolute minimum is . 15 % 2. Preferred minimum is .20% 3. Culverts to be set on grade when possible for practical reasons. C. Other Considerations 1. Unless otherwise known, assume a typical block drains from back lot line to front lot line. 2. At break points, make sure that centerline ditch elevation is at least 121' below edge of road. 3. If possible, try to keep ditches two foot or less in depth. 4. Try to find a suitable outfall channel or properly sized underground storm sewer within 800 to 900 feet .. . (2 blocks) from breakpoint. -- -. VI. MaPQing A. Produce record drawings on City topo maps upon receipt of completed profiles from Public Works. Topos shall reflect the follo\.Jing: 1. Breakpoints of ditches. 2. Direction of flow. 3. Delineation of watersheds. / 4. Drainage area in acres at key points in the system. "- 5 . Culverts, inlets, storm sewer manholes, catch basins, and other appurtenances of the City's dr8inage system. . e . .. ---= . , . .. . . " '." . _. . ", .. I ~ . . , c ) INTERIM RESIDENCE DRIVE~JAY STANDARDS -. .-, . - -.. ~.- ...-. FOR OPEN-DITCH TYPE STREETS . '. -- "- -- '-. ... -~ - , .- Surface ~li dth , : ::-_:':::'f---:::.' Min..18' -. . I \.. .- Max. 25' - - . p. . . -. L r ~ . - ......,- (:pen :itCh v:- Open Ditch I I ~ of Ditch I - I , .--A A .1 J "",..- ~ A ~ ~ ----.-.".,~."'-....,...,_-.... ."".'~,'-,'.:.L'.' ._',",..,.,-.,-"..; ''''''_ Drive'tJay Radi us . Nin. 21. .- ~lax. 51 ( Edge of Traveled. Roadway PLAN VIEH .. .,- ...;.--"- ""., - -, - ._._.. " '- -'- - .. . . . . Surface Width . -- 2XDepth C . . .CO'... ._.._.... _ . ~XDePth Adjacent Natural grade ~'^'''',...I,,\'IJ'\\ yO;, I \l .., o .-"', o._......_.'''.__~ .c2.~. ..,. Q. 0::"1 depth ~! I Diumetcr Varies .' .. . -- - C 8" Hi ni:nu", unless specific Profil e approvul by Cit) ( EXHIBIT "B" .- .. ." _.'._~'-'- NOTE: Drawing Not to Scale, - . e . .. '- lilt , . . . . DRAINAGE MAINTENANCE PROGRAM FLm~ CHART , ( I Engineering Assigns Project' I I Project Surveyedl I Survey Notes Reproduced, Reduced & Submitted to Engineering for Review I I Drafting Produces I Standard Drainage Profiles I I Re-submitted To Surveying For Additional Information I , I Drafting Adds Additional - Information To Profiles Profiles Submitted to I Engineering For Design I .. - Re-submitted To Surveying ( For Additional Information , I Drafting Adds Additional Information To Profiles I Engineering Designs Drainage & I I ,. Fills Out Recommendation Sheets , I Design Hodified I Or Re-designed J Design Approved! , I I I .. I Construction Copies I Originals To -- Engineering Files I -- - Submitted to Public Works I . , Public Works constructsl Required Improvements I Public Works Returns Construction Copies & Recommendation Sheets To Engineerin~ With.Comments I I I l I Construction Copies To j I Record Drawings Put On I Englneerinrr Files Appropriate Drainage Maps ..., ,... EXHIBIT "A" ~ e e . NOVEMBER, 1988 GAUCHO CIRCLE DRAINAGE SYSTEM LAPORTE, TEXAS Contacts : Alton Gaddis Work Phone (470-8812) Home Phone (471-7977) Mary Gaddis Work Phone (474-2864) , e e . GAUCHO CIRCLE DRAINAGE SYSTEM The residents of Gaucho Circle petition the City of LaPorte to consider our proposal of the drainage system along Gaucho Circle. We want to feel proud to live in LaPorte and want to work with the city management to make our neighborhood beautiful. The open drainage system along our street is being reworked at this time and we feel this would be the most feasible time for the consideration of our proposal. Gaucho Circle is a cul-de-sac and is the only street in the subdivision. Our street is highly visible from the new Lomax Junior High School and travelers through LaPorte on North L Street. We, as citizens, know that the City of LaPorte is working on making our city more appealing to new businesses, developers and future residents. This is only one of the reasons we feel the proposal we are presenting before you is a valuable one. Several of the residents of Gaucho Circle have spoken with the engineer over the rework of the drainage system. As long as we have the proper sizing, correct number of clean outs, and the culverts are properly installed, he forsees no problems with our street having a culvert drainage system. We, the residents of Gaucho Circle, have noted the following problems or complaints about the current drainage system along the street: 1) It is ineffective due to the erosion of our yards into the ditch. This raises the level of the ditch unevenly causing a change in grade which hampers drainage. This in turn becomes costly to us in rebuilding the level of our yards. 2) Provides favorable breeding conditions for mosquitoes. 3) Presents a safety hazard for young children playing near the ditches. 4) The ditches also devalue the property in the neighborhood. Some houses have a smooth manicured lawn with no ditches, while others have open drainage. This is not uniform and detracts from the beauty of the neighborhood. e Gaucho4lJrcle Page 2 of 4 The residents of Gaucho Circle feel a properly designed drainage system utilizing culverts for the entire street will do the following. 1) Offer a more efficient drainage system. 2) Elliminate the hazard to children and decrease favorable conditions for mosquitoes. 3) Be uniform, neater and more appealing to the community. This will help attract potential home builders for the lots that are vacant which in turn will increase the City of LaPorte's tax revenue. 4) Require less maintenance for the City of LaPorte. The residents of Gaucho Circle realize this could be an expensive proposal and the homeowners have agreed to purchase their own culverts. (Refer to list attached.) We propose to purchase and have delivered the size of culverts and the number of drains specified by the City Engineer. At this time we would like the City to install them in the pregraded drainage system. The engineer on the project informed us that the time to do this project is now after they have releveled and regraded the drainage ditch to drain properly. The residents of Gaucho Circle respectully request that you consider our proposal. .. '. e GaUCho4ltrCle Page 3 of 4 . Homeowners presently with culverts and those who do not require culverts who support this proposal: NAME STREET NUMBER NUMBER OF LOTS ~/v uW~ 1~/g I /8l4 I 4 .&r~ i / r/ 0 , J;:J~r;.D~ /7/S- OL ~L<Jl(J -b ia1lu~ Il~ 170~ , - ~~r~~~ ,\Di l leD] , --- ~ ..s_ ~ I? 0 I.j- J Homeowners supportive of this proposal and willing to purchase culverts: NAME STREET NUMBER NUMBER OF LOTS '-/lZ;q~. 1tJJI. ~~) //(IS / ~'-~~ ~ . ~ nO (o_ f ~q.~7YAA. .()...~4~~~_ /ZI.Y / ~. ~d qdm11 T1G\ I i . e Gauc~irCle Page 3 of 4 Homeowners presently with culverts and those who do not require culverts who support this proposal: STREET NUMBER NUMBER OF LOTS IJidk 1~/g I /8l4 I / r/ 0 - I /7/r- OL 170~ , Homeowners supportive of this proposal and willing to purchase culverts: NAME STREET NUMBER NUMBER OF LOTS YlZiC, ~. ItL/ ~) /?16' / ~'-~~~ ~ l~tJ (o_ f !1n."..~.-u>..l) _" :~~ ill'? / /fL m. 1~_ l'ill/ c>< c..o'M('(\oV\~~ '\ \..t~~~. ~~ ('Ai~ It/ ,1 rt \ I 'TL;., oIt.t:k. ~ d-iJr.>Z ~ci .:s 6 h(\. l-\. E I ~ s~ ..-6 M ~~ ~I ~ l-\.t..- ""'-<71 ~l~~ -+k ~~ J.;;o ~ o.M +. cI.u.d --... A Nok~ Pv..b)~ 1 (\1>"'''' a'f +.;l . e Gaucho ~Cle Page 4 of 4 Homeowners not supportive of this proposal: NAME STREET NUMBER NUMBER OF LOTS ~ 1 LLA ,....it;. L i~^t-.lc. HO --. -. '--- -\ . . .-... ". - .".' - -. .-... . _.._._-.._.~... i \ \ '\ ~ "0" 1'0& 1"11~ ,eoz. . ~ .f4.'0 18.4: '&1-& f'o"S.L.. .----. - ---. - ~"u.~fl Z'Gt"~R r LA""&.E~~ . C.APlPOC.... e:,p".."", '-<;1U!'~IE~ L WALtCER ..z:'"~" LOT" NO.... LO !toa.. HOU6E HOU&C! HOff=-<< "()C'~.e HOU~ "OT' .... OP..... o.'c... ... 'c.",,..,,... f ':" ......, O,1Uf ~ - --""""---... . . - -,,"- ...... ,..-- -.- . ~ .. - "~~I'''J~'I'''''~~~+t~f:~~~~....;::=~.!tJl:J:ftJitf =.r.- --"" -,..-..:-:- -.-_-:t .......~--~ ~~~ ~::=_~~-~__z..~ !If'MNtf''I~4.''~, .. .. =~ .. ....... 1I1.c"..'IlItE C. .. ~ .,.,r OOTCN o-r CU&."U~T GiAueHo ''::(!Lt:: .. ----.--\.,1 . . t ---1- . g -.... C':" ..,.-. ... -'. .--.'.r~---:..---.:.:.-=-.....:"::-:..-.:~~~~_~~-:.~+:t.+lm~!:I+ :~~'H'HI.I'I.1 ..:(I'I'I'J';"'J'J+l~~~iFI;"]: s, .....w.I.I...I.\~ ~ . '- . ... .... . -.. . .. .. ~ 1-- .... '''''vc,"~ c........ bl1'" I - II/le.t(. ~~.-o" I euhO~"c.. ; HOU:t I . I I 1707 n \S I 180.3 I~o"7 ~_ ~ le,4 FolL'-'", Gf!.OOE~ t(~. Woo.. PQlTEIt ELr~TIlOP\ ELrt.TIlOf) GAOO~ I mooeE ~oT' HOU6~ &.or HOllY: HOIIX ! Lor HClUU: HO'I:-r, ItOuM e I I . I. I I .. ... - --. .- _.. . ...-- - .. '-- ...."0_._ ._'.' _.__ __ . e . REQUEST FOR CITY COUNCIL AGENDA ITEM ~O(l.\tcS\;\v(l ~i\. \ Agenda Date Requested December 12. 1988 Requested By: Jeff Li tchfield Department Finance X Report Resolution X Ordinance Exhibits: Ordinance Letter regarding Utility Reconnect Fees, Returned Check Charges and Consumer Service Deposits (with attached Survey of Area Utility Operations) SUMMARY & RECOMMENDATION The amounts for Reconnect Fees, Returned Check Charges and Service Deposits have not been revised since September 16, 1981. Staff has reviewed our operations and those of 10 area operations that provide water, sewer and garbage utility operations and have arrived at the following recommendations: Reconnect Fees - Increase from current rates of $7.50 during regular working hours and $15.00 after regular working hours to $25.00 and $35.00 respectively, Returned Check charges - Increase from our current charge of $10.00 to $15.00. This amount is charged for all checks returned, unpaid by the consumers bank, and Service Deposits - Increase service deposits for residential accounts from $30.00 to $100.00. Action Required by Council: Approve Ordinance Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: N/A Funds Available: YES NO - - Aooroved for City Council Aaenda Q~ \, ~~ \ '2., - c-; - t6fb Robert T. Herrera DATE City Manager ~'~', ----.--. ...,,- . ,- e e ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 26, ARTICLE II, "WATER, SEWE RS AND SEWAGE DISPOSAL," -OF-THE CODE OF ORDINANCES OF THE CITY OF LA PO RTE; ESTABLISHING ANEW RATE AND FEE STRUCTURE; CONTAINING A SEVERABILITY CLAUSE; 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. Sec. 26-19A, of Article II, Chapter 26, of the Code of Ordinances of the City of La Porte, shall be amended to hereafter read as follows, to-wit: "(a) ~ec-!__2.Q-1~(c) - Reconnect fee: During regular hours (9:00 a.m. through 5:00 p.m., Monday through Friday, except Holidays approved by the City Council), the reconnect fee shall be $25.00; after the aforementioned hours, the reconnect fee shall be $35.00. ~(b) Sec-!_ 26-1~(d) - In cases where any person gives the City ~ check in payment of water and sewer services which is not honored by the drawee bank for any reason, an additional charge shall be levied against such person of $15.00. "(c) Sec. 26-14 - Deposit Schedule: 1- Single-family residence consumers shall place on deposit the sum of $100.00. 2. The deposit for commercial water consumers shall be established at the discretion of the Director of Finance, upon standards set forth in Sec. 26 - 1 4 ( c ) ; 3. The deposit fo~ multiple-family dwellings [as defined in Sec. 26 - 1 4 ( d ) ] shall be set at the discretion of the Director of Finance, in reliance upon the standards set forth in Sec. 26-14(c) of Article II, Chapter 26 of the Code of Ordinances of the City of La Porte. SectioQ2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. SectioIL.3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that thism~eting 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, . e Ordinance , Page 2 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 take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 12th day of December, 1988. CITY OF LA PORTE By Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary AP:;: cJ aL Knox W. Askins, City Attorney I e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Robert T. Herrera, City Manager ~ FROM: Jeff Litchfield, Director of Finance, DATE: December 6, 1988 (.,,/ SUBJECT: Reconnect Fees, Returned Check Charges and Service Deposits I have reviewed the above mentioned areas and have the following recommendations for City Council. Attached to this memorandum, you will find a survey that was conducted by my staff of 10 area Utility Operations. RECONNECT FEE The City of La Porte's current reconnection fee is $7.50 if performed during regular operation hours and $15.00 if performed at night, weekends and holidays. The reconnect fee is charged when water has been disconnected for non payment of bill. A survey of 10 utility operations revealed that reconnect fees during working hours ranged from $10.00 to $50.00. The reconnect fee for after working hours ranged from $15.00 to $50.00, however only 4 of the 10 operations performed reconnect ions after regular working hours. I recommend the City of La Porte increase its' reconnect fee to $25.00 if the reconnection is performed during regular working hours and $35.00 if performed after regular working hours. RETURNED CHECK CHARGE The City of La Porte currently charges a returned check charge of $10.00 for any check returned by the bank. A survey of the operations shows that they range from $5.00 to $15.00. I recommend the City of La Porte increase its' returned check charge to $15.00. DEPOSITS FOR UTILITY SERVICE The City of La Porte currently requires a deposit from the potential customer of $30.00. This amount was original established on September 16, 1981 and applied to single-family resident consumers that were not owner occupied. On September 21, 1983, the definition was expanded to include all single-family resident consumers. ----- ---------- e e A survey of the utility operations shows deposits ranging from $35.00 to $125.00. I have started a review of our terminated accounts and extracted a sample from that database. I reviewed 72 accounts. The average amount due from the sampled accounts was $73.86. This is the amount due the City after the subtraction of any deposit. If we assume all accounts had $30.00 deposits, the average amount due the City would have been 103.86 at time of service termination. In addition, the sampled items occurred before our 30% rate increase. The theory behind service deposits is to require an amount sufficient to cover debts due the City at the time a person either terminates service willingly or has their service disconnected because of non payment of bills. Because of our current billing schedule (which will be addressed under a separate memorandum), a consumer could have three months of consumption before we disconnect service. Using this three months as a guide and multiplying by our minimum bill of $25.68 each month, it is easy to see how, at a minimum, $77.04 would be due the City of La Porte at the time service is disconnected. I recommend that the City of La Porte raise its' service deposit to $100.00. SERVICE DEPOSIT, RECONNECT FEE AND RETURNED CHECK CHARGE SURVEY DECEMBER 6, 1988 DEPOSIT - RESIDENTIAL SERVICE RECONNECT FEE RETURNED CHECK WATER/SEWER/GARBAGE (1) CONNECTION FEE DAILY WEEKEND(2) CHARGE LA PORTE - CURRENT 30.00 0.00 7.50 15.00 10.00 LA PORTE - PROPOSED 100.00 0.00 25.00 35.00 15.00 BAYTOWN 50.00 5.00 10.00 15.00 10.00 - PASADENA 100.00 5.00 11.00 * 5.00 SEABROOK 50.00/75.00 0.00 25.00 50.00 10.00 BAYMUD 125.00 45.00 50.00 * 15.00 ROSENBURG 40.00 15.00 15.00 12.00 ALVIN 35.00 0.00 10.00 20.00 5.00 BELLA IRE 40.00/100.00 15.00 15.00 * 10.00 FRIENDSWOOD 50.00 0.00 10.00 * 15.00 PEARLAND 35.00/65.00 0.00 15.00 15.00 15.00 - SOUTH HOUSTON 35.00 0.00 15.00 * 10.00 (1) WHEN TWO AMOUNTS ARE SHOWN, THE ORGANIZATION HAS A SEPARATE AMOUNT FOR HOME OWNERS AND RENTERS. THE FIRST AMOUNT IS THAT REQUIRED OF HOME OWNERS AND THE SECOND IS FOR RENTERS. (2 ) * = THE ORGANIZATION DOES NOT PROVIDE THIS SERVICE ~'- ...---~_._. ~-'~'''-'~-' - -- _.~- -~- - - ----..---,--- ~_..,_._._------_.__._.- e e SAMPLE OF 72 TERMINATED UTILITY ACCOUNTS THAT OWE THE CITY OF LA PORTE FOR PAST SERVICES RANDOM COUNT NUMBER AMOUNT 1 112 6.67 2 127 11 7 . 04 3 142 86.33 4 155 88.21 5 179 156.50 6 237 11 9 . 79 7 293 94.24 8 297 35.36 9 347 78.91 10 348 115.24 11 362 47.23 12 387 35.67 13 394 40.32 14 407 105.62 15 431 104.00 16 451 114 . 33 17 458 12.17 18 459 56.93 19 509 81.13 20 514 60.27 21 537 67.64 22 538 186.57 23 635 0.05 24 642 24.34 25 675 60.63 26 726 107.45 27 780 41.70 28 828 83.44 29 847 162.04 30 880 21 . 52 31 899 18.56 32 940 28.05 33 953 7.78 34 960 237.04 35 992 39.98 36 1050 20.08 37 1093 41.98 38 1199 96.48 39 1293 78.06 40 1310 29.37 41 1313 117.97 42 1428 90.79 43 1487 19.00 44 1566 46.92 45 1594 11 0 . 30 46 1644 16.25 . , e . SAMPLE OF 72 TERMINATED UTILITY ACCOUNTS THAT OWE THE CITY OF LA PORTE FOR PAST SERVICES 47 1661 56.08 48 1665 10.67 49 1719 27 . 10 50 1781 89.74 51 1805 292.92 52 1841 46.77 53 1854 90.48 54 1869 1.95 55 1880 139.59 56 1893 145.11 57 1906 55.75 58 1945 40.26 59 2012 34.72 60 2018 2.09 61 2088 25.36 62 2116 245.25 63 2126 224.87 64 2146 2.85 65 2147 39.97 66 2182 116 . 05 67 2195 79.50 68 2243 35 . 15 69 2261 80.74 70 2306 30.50 71 2309 61.80 72 2357 32.98 TOTAL 5,318.20 -------- ----- --------------- ----