HomeMy WebLinkAbout1988-12-12 Regular Meeting
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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'-.' ... 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
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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
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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.
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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
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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
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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 ~
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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 ,
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[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
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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-~ - , ~ =---
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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-~ ' , ~ .--
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,I, :: <{
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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 ,
--
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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
--..- --.--..----.-.-
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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
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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".
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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
-- ----
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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
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.
-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
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.
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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.
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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
.-
- -
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GUARD
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:1 / .;, ~ . CLIFF HYDE "\
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~//h FLYING SERVICES, INC. (- \
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,..... .-. ~ .--
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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,
"
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~ 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
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~"\\\\\' :(i. APPR~/;"IIIII~
.. '~y
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Harris County Appraisal District ~ ~~ ~~
(~.- ~ ~j
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/)~
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
- --------,---- ------------ - -----
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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
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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
--..---..----..-..-. - - - -- ._-_..~_..---_.__.__.- . ....----.-- --...
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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
--. - -----_. ~~ ----
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/Jfr/ae
DATE / I
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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
.
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~ 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
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I I 449.00 I 494.00 I I
3. 6 YARD CONTAINER I 425.00
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I
I I 557.00 I 598.00 I I
4. 8 YARD CONTAINER I 510.00
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DELIVERY IN DAYS I 2: 30 10 21
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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
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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
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. REQUES~OR CITY COUNCIL AGENDA I~
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Agenda Date Requested: December 12, 1988
Requested By: Louis RigbY~ Department: Purchasing
Report Resolution Ordinance
Exhibits: Letter to City Manager
Bid Tabulation
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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
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Availability of Funds:
X General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: Funds Available: YES NO
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Approved for Ci~unCil Agenda ;;./g kg
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Robert T. Herr~ , DATE ( (
City Manager
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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
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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.
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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
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REOUEST FOR CITY COUHCJL AG~ ItEM
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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
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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
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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. /~ ~
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Charles E. Smith
Chief of Police
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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
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3. DELIVERY 120 120 90-120 120 60-120 60 45-90
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. . REOU~ ~Qj GITY ~OUNCrL AGENDA ~M
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Agenda Date Requested: December 12. 1 g88
Requested By: John E. Joe rn s Department: Administration
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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
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SUMMARY & R~CQ"~~~D!IAQN
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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
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ADProved for City Council A~enda
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Robert T. Herrera DATE
City Manager
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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.
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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.
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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.
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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
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I. Chronological Outline of Drainage Maintenance Program
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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.
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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.
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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.
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II. Initial Objectives of Drainage }faintenance Program
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. ';~ '. ':" .'; ~~:p.~:~; Objectives of Drainage Maintenance Program
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'i,:',:;t:.;::: Objectives: '. ," .
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,'. The first objective of the Drainage Maintenance Program is to clean and '. '.
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shape the roadside swales and minor outfall channels that collect and . ';.
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" 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. . .
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.-, 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""......
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at even stations or at nota~le changes in topography
-.. - edge of road 1 Ji:' oF~ ~e.tIJt... e.JC'r~~
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- 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.
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. .t:~ At regular meeting on Drainage Maintenance Program discuss:
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~ ~!'~~:~ \: - progress of Drainage Maintenance Program and update progress map
~ ::.' , - ne\'o' "\Target area(s) _ .
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- 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 -
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will be amended to reflect the water shed subareas.
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III. Excerpts from Council Meeting of July 21, 1982 Establishing
Interim Residential Driveway Standards
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r Minu te,s, Regular Hee ting arid Public Hearing
~ . La Porte City Council, July 21, 1982, Page 3
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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
).
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~ 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
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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
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Ayes: Councilpersons Westergren, Skelton, Gay, Pfieffer,
Graves, ~atuszak, Longley, Malone and Mayor Cline
None ~ _ ______ _
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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
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EXHIBIT "E"
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'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_
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. . CITY OF LA PORTE
,
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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
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(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
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N. Guidelines and Fl~hart Established for Drainage
Maintenance Program
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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.
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IF '_ ...
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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
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EXHIBIT "A"
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V. Excerpts fran Department of CULll.1umity Development
Policy/Procedures Manual
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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.
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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:
--------- -------------------------------- ---
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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. .
(
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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 ~.. . - .
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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.
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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,
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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"
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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)
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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
\
\
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"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
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.. ... - --. .- _.. . ...-- - ..
'-- ...."0_._ ._'.' _.__ __
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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
~'~', ----.--.
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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
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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.
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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
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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
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.
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
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