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HomeMy WebLinkAbout1989-05-08 Regular Meeting MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL MAY 8, 1989 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Betty Waters, Mike Cooper, Alton Porter, Mike Shipp, Deotis Gay, B. Don Skelton, Jerry Clarke Members of Citv Council Absent: Councilperson Ed Matuszak 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, Purchasing Manager Louis Rigby, Director of Parks and Recreation Stan Sherwood, Fire Chief Joe Sease, EMS Chief Gary Williams Others Present: Brent Ryan; representatives from various Boy Scout troops; John Black, Bayshore Sun; 20 citizens 2. The invocation was given by Mayor Malone 3. Council considered approving the minutes of the special called meeting and workshop meeting held April 17, 1989. Motion was made by Councilperson Skelton to approve the April 17 minutes as Rresented. Second by Councilperson Cooper. The motion carried, 7 ayes, 0 nays, 1 abstain. Ayes: Councilpersons Waters, Cooper, Porter, Shipp, Gay, Skelton and Mayor rlalone Nays: None Abstain: Councilperson Clarke 4. Council considered approving the minutes of the public hearings and regular meeting held April 24, 1989• Motion was made by Councilperson Shipp to approve the_A_nril 2~ minutes as presented. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None Minutes, Regular Meeting, La Porte City Council May 8, 1989, Page 2 5. Council considered approving the minutes of the special called meeting held May 1, 1989• Motion was made b~ Councilgerson Shipp to approve the minutes of the MaX 1 meeting as presented. Second by Councilperson Cooper. The motion carried, 6 ayes, 0 nays, 2 abstain. Ayes: Councilpersons Waters, Cooper, Shipp, Gay, Clarke and Mayor Malone Nays: None Abstain: Councilpersons Porter and Skelton 6. Council canvassed the results of tYle May 6, 1989, general election, and considered an ordinance declaring the results. The City Attorney read: ORDINANCE 1643 - AN ORDINANCE DECLARING THE RESULTS OF THE ELECTION HELD IN THE CITY OF LA PORTE ON MAY 6, 1989, FOR THE ELECTION OF COUNCILPERSON AT LARGE, POSITION A; COUNCILPERSON, DISTRICT 4; AND A COUNCILPERSON, DISTRICT 5; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Waters to adopt Ordinance 164 as read by the Citv Attorney. Second by Councilperson Porter. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 7. Judge J. B. Williamson gave the Oath of Office to B. Don Skelton, elected to the office of Councilperson, Dyselected.to Mayor Malone gave the Oath of Office to Deotis Gay, the office of Councilperson, District 4. The elected officials were seated at the Council table and presented their Certificates of Election by the City Secretary. 8. The Mayor proclaimed the week of r4ay 13 through 20 as "Scouting for Food Week" and the week of May 7 through 13 as "Suicide Prevention Week." 9. There were no citizens wishing to address Council. • Minutes, Regular Meeting, La Porte City Council May 8, 19$9, Page 3 10. Council considered an ordinance establishing rates for use of municipal swimming pools and hours of operation for municipal swimming pools. The City Attorney read: ORDINANCE 1644 - AN ORDINANCE ESTABLISHING THE RATES FOR THE USE OF THE MUNICIPAL SWIMMING POOLS AND THE HOURS OF OPERATION FOR THE MUNICIPAL SWIMMING POOLS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Waters to_adont Ordinance 1,644 as read by the Citv Attornev. Second by Councilperson Skelton. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 11. Council considered an ordinance establishing rates for rental of municipal adult softball fields at Little Cedar Bayou Park complex and Northside field. The City Attorney read: ORDINANCE 1645 - AN ORDINANCE ESTABLISHING THE RATES FOR RENTAL OF THE MUNICIPAL ADULT SOFTBALL FIELDS AT THE LITTLE CEDAR BAYOU PARK COMPLEX AND NORTHSIDE FIELD; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING Afd EFFECTIVE DATE HEREOF. Motion was made by Councilperson Skelton to adoot__Ordinance 164 as read b~ the City Attornev. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 12. Council considered an ordinance appointing a City of La Porte Health Authority. The City Attorney read: ORDINANCE 1646 - AN ORDINANCE APPOINTING P. J. MOCK, JR., M.D. AS HEALTH AUTHORITY OF THE CITY OF LA PORTE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. ~ ~ P4inutes, Regular Meeting, La Porte City Council May 8, 1989, Page 4 Motion was made by CouncilQerson Waters to adopt Ordinance 1646 as read by the City Attorney. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 13. Council considered an ordinance authorizing issuance of an alcoholic beverage license for Two Cajuns Cafe and Meat Market. The City Attorney read: ORDINANCE 1000-Y - AN ORDINANCE AMENDING ORDINANCE N0. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES MAY BE SOLD Af1D PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; DEFINING SOURCE OF AUTHORITY; PROVIDING A SAVINGS CLAUSE; PROVIDTNG THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING COP9PLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. _Motion was made by Councilperson Clarke to adopt Ordinance 1000-Y as read by the Citv Attorney. Second by Councilperson Porter. The motion carried, 7 ayes and 1 nay. Ayes: Councilpersons Cooper, Porter, Shipp, Gay, Skelton, Clarke and Mayor malone Nays: Councilperson 4daters 14. CounciJ_ considered approving property tax refunds for overpayments exceeding $500.00. Motion was made by Councilperson Skelton to approve tax refund payments to Wharton Weems Estate in the amount of $844.56 and rime Cable Fort Bend in the amount of $586.50. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays; None 15. Council considered declaring an emergency and authorizing repair of a damaged ambulance. Minutes, Regular Meeting, La Porte City Council May 8, 1989, Page 5 Motion was made b ~ Councilperson Skelton to declare an emergenev and authorize replacement of the damaged ambulance chassis in the amount of $32,500. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 16. Council considered rejecting bids for fire hose and authorizing re-bid. Motion was made by Councilperson Shipp to reject the bid for fire hose and authorize re-bidding the item. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 17. There was no Administrative report. 18. Council Action: Councilpersons Cooper, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. Councilperson Gay reported problems at the park on First Street and asked if could somehow be lighted. Problems with the "E" Street feeder going into the Booth Homes area were also noted. Councilperson called attention to several problem areas through the City that need attention and suggested a community clean up. Nugent Street drainage was also commented ors. Councilperson Clarke asked that the traffic problems on 8th Street be seriously looked at to see if some type of traffic control device could be installed. He also feels that the Charter needs to be looked at and updated. 19• Council adjourned into executive session at 7:00 P.M. under Section 2(E) of Article 6252-17, to meet with attorney regarding Houston Chemical Services, Inc. Council returned to the table at 8:28 P.M. ~ ~ Minutes, Regular Meeting, La Porte City Council May 8, 1989, Page 6 20. There being no further business to come before the Council, the meeting was duly adjourned at 8:28 P.M. Respectfully s~uGbmitted: 7%~LQ-~~ Cherie Black, City Secretary Passed & Approved this the 22n day of May, 1.989 G7 rman L. Malone, Mayor • s REQUEST FQR CITY COUNCIL AGENDA ITEM Agenda Date Requested: _._. May_~ 1989 Requested By: K___Askns___-__-___ Depar~tment: ______Le.~a1 ___~ ~.______.____._- Report ______ Resolution ___ _X__. _._ Ordinance Exhibits: Ordinance 1643 SUMMARY_~ RECOMMENDATION The City of La Porte General Election was held T?ay 6, 1989. The attached ordinance declares the results of the election for a Councilperson at Large, Position A; a Councilperson, District 4; and a Councilperson, District 5. Action Required by Council: Adoption of Ordinance 1643 Availability of Funds: General Fund V Mater/~~iastewater Capital Irnproven;ent Gener°al Revenue Sharing Other (Motor Poo]. Replacement Fund ,l Account Number: -__.________________.. Funds Available: __ YES _ iJ0 Approved for City Council_Agenda Robert T. Herrera DATF --_-_~_~----~----_---_._-- City Manager /~ ~~'~ __ ~_ ~ . 4 • ORDINANCE N0. 1643 AN ORDINANCE DECLARING THE RESULTS OF THE ELECTION HELD IN THE CITY OF LA PORTE ON MAY 6, 1989, FOR THE ELECTION OF COUNCILPERSON AT LARGE, POSITION A; COUNCILPERSON, DISTRICT 4; AND A COUNCILPERSON, DISTRICT 5; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, there was held in the City of La Porte on the 6th day of May, 1989, an election for the purpose of electing a Councilperson at Large -- Position A; Councilperson -- District 4; and a Councilperson -- District 5; all in accordance with Section 8.10 of the Home Rule Charter of the City of La Porte; and WHEREAS, there were cast at said election for the following listed persons the number of votes opposite their respective names: COUNCILPERSON AT LARGE -- POSITION A Gladys Roth 323 Paul Metzger 83 D.R. "Bob" McLaughlin 456 Russell Ybarra 275 COUNCILPERSON -- DISTRICT 4 Deotis Gay 105 COUNCILPERSON -- DISTRICT 5 Pat Muston 252 B. Don Skelton 281 as shown in the official election returns heretofore delivered by the Election Judge and officials to the Mayor and City Council of the City of La Porte and submitted to the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That said election was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; that said returns have been canvassed by the City Council of the City of La Porte; that said election has resulted in the election of the following named persons, to-wit: Ordinance No. 1643, Page 2 COUNCILPERSON AT LARGE -- POSITION A Runoff election to be held May 20, 1989 COUNCILPERSON -- DISTRICT 4 Deotis Gay COUNCILPERSON -- DISTRICT 5 B. Don Skelton 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 Cbuncil 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 8th day of May, 1989. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary APPROVED: (~Cl Knox W. Asklns City Attorney Office of the Mayor r ~~ ~~~~~~ ~ In aun arcea we have aver 5, 000 peap.2e a day ga~,ng hungry due ~a the ~aet they ca.nna~ get enaugh ~aod; and WHEREAS, the 'Bay Scau~i5 a~ ~h.e Sam Hau~~an Anea Caunai..2, ~.n ande~c ~a a.22ev~.ate the hung en ~su~Ueh.ed by ~he~e peap~e who are .2e~s~s ~antu.na~e khan we, w~i,P.2 ha2d ~ annum Scou~.t.ng Pan Paad dlc.~.ve the weep ob May 13 ~Ginaugh 20, 1989; and GIHEREAS, ~h.e Bay Scau~ are a~shi.ng xha~ when a ~aad bag .c~5 .~eb~ a~ yawn daon between ~ha~e dcLte~s, p.2ea~se pub a ~aod ,ctem ~.n .ct ~a he,~.p ne~~acf~ the baad panttrie.~ ~.n aun City; and WHEREAS, a~ ~aad ca.~Q.ected ~.n La Porte w.c,P.~ nema~,n ~,n are a b ~h.e C,ct y' ~ ~aa d banh~s , and na ne w.iee .2eav e the City .Zi,mit~s . NU~-, THEREFORE, I, NORMAN MALUNE, MAYOR a~ ~h.e C.cty a~ La Pante, da hereby pnac~a,i.m May 13 ~l-.jcaugh 20, 1989, a~ SCOUTING POR POUR WEEK ~.n the C.cty o~ La Pante, and urge c,iti.zev~ ~'o can~iu.bu~e gene~cau4.~y ~a ~G~us wanthy endeavan. IN WITNESS GIHEREUP, I have he~ceuwto ~ e~ my hand and caul ed the Sea,2 a~ the C.cty ~a be a~~-%xed heh.eta, the 8~h day a,~ May, 1989. CITY UP LA PURTE Nauman are, ayan Office of the x ~~ ~~~~~,~ ~ A.~2 .~eve.P.s ab ~sac,~.e~y atce vu.2nenab.~e ~a ~ u~.ci.de, wh,%ch .vs the e~.g h~h..2ead~.ng cau~ e a ~ death ban a.22 ages and the a ecand 2ead~.ng cacuse ab decLth among young peap.2e; and GIHFRFAS, ~h.ene one 30, 000 nepanted au~.a%de dead ,%n the nat,%an every yeah, which nepne~s ev~t~ nab av-,ey a ~rag.ic wa~~e a b human .P,%be, bud un~ci.~d ~ubben.i..ng bon the bam,%P.y and bn,i,encGs; and G1H~R~AS, Gci~.us Iwtenven~,i.an ab Hau~s~an, Inc., .cs an a~cgavu.za- ~,i.an ab va.~ur~ee~ and ptcabe~~.c.ana.2 ~~bb who ~h.cvice the canv~.c~%an ~ha~ n,usFi ban human ~e,2b-de~~icucti.an can be reduced ~(vwugh awcvicene~~ and educa~.i.an; and G1H~RFAS, 1~ ~ nece~~any ~a negand ~u~,ai.de cvs a ma9an hea2~h. pnab.~em and ~a ~uppaht educa~.i.ana~ pnagiram~, ne~seatrch p~co,~ec~s and ~.v~ten- ven~,i.an aenv~.ce~. NOGl, THFR~~ORF, I, NORMAN MALONE, MAYOR ab the C.cty ab La Pante, da hereby pnac,~a.i,m May 7 ~Gvcaugh 13, 1989, ass SUTCID~ PR~VFNTION GI~~K IN GIITNFSS GJH~RFUF, I have helceunta ~2t my hand and cawed the Seu,2 ab the c,~y .ta be abb~.xed hetceta, thus ~h.e 8~h day ab May, 1989. CITY O~ LA PORT • Mayor ajunan one, cyan • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: MAY 08. 1989 Requested By: STAN SHERWOOD Department: PARKS ~C RECREATION Report Resolution X Ordinance Exhibits: 1) Attachment: Notes expanding on related concerns. 2) Ordinance #1644. SUMMARY ~ RECOMMENDATION ATTACHED IS ORDINANCE #1644. THIS ORDINANCE ESTABLISHES ADMISSION RATES (SEASONAL/DAILY), FACILITY RENTAL RATES AND HOURS OF OPERATION FOR LA PORTE'5 MUNICIPAL POOLS. THE IDENTIFICATION CARD AND PROOF OF RESIDENCY REQUIREMENTS ARE RECOMMENDED IN ORDER TO EFFECTIVELY FACILITATE A RESIDENT/NON-RESIDENT FEE DIFFERENTIAL. THE ORDINANCE WAS DEVELOPED USING INFORMATION OBTAINED FROM SURVEYS OF PRIVATE SECTOR WATERPARK FACILITIES IN THE HOUSTON AREA AND AMONG MUNICIPAL WAVE POOL OPERATIONS IN GARLAND, TEXAS AND THE MID-WESTERN STATES. THE SURVEY AND A DRAFT OF THE RATE ORDINANCE WERE PRESENTED TO COUNCIL AT THE APRIL 17, 1989 WORKSHOP. ORDINANCE #1644 PRESENTED HERE INCLUDES THE CHANGES REQUESTED BY COUNCIL DURING THE APRIL 17, 1989 WORKSHOP. i. DELETION OF MUNICIPAL EMPLOYEE DISCOUNT. 2. DELETION OF SUN-SAVER DISCOUNT. 3. INCREASE OF NON-RESIDENT FEES FOR ATTENDANCE AT THE LITTLE CEDAR BAYOU WAVE POOL. NOTE: PLEASE SEE ATTACHMENT (EXHIBIT II) REGARDING OTHER CONCERNS EXPRESSES BY COUNCIL AT THE APRIL 17, 1989 WORKSHOP. Action Required by Council: ADOPTION OF ORDINANCE #1644. Availability of Funds: General Capital Ot he r Account Number: Fund Water/Wastewater Improvement General Revenue Sharing Funds Available: YES NO Approved for City Council Agenda ~?~1~: T 5~ ~ ~ Yh Robert T. Herrera Date City Manager • ORDINANCE N0. 1644 AN ORDINANCE ESTABLISHING THE RATES FOR THE USE OF THE MUNICIPAL SWIMMING POOLS AND THE HOURS OF OPERATION FOR THE MUNICIPAL SWIMMING POOLS; 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. Admission to the Municipal Swimming Pools may be obtained by either purchase of a season pass or by paying a general admission fee. A. Season passes for San Jacinto & Northwest Municipal Pools may be purchased at the Parks and Recreation offices or at the municipal swimming pools. A member of the family must apply in person for the pass/passes. Season Passes and photo I.D. cards for Little Cedar Bayou Park must be purchased on-site. IDENTIFICATION CARD: In order to qualify for resident rates, both seasonal passes and walk-in, residents must purchase an Aquatics photo I.D. card for themselves and any members of their immediate families. *Cost per card: $2.00. Anyone entering the Little Cedar Bayou Facility without an Aquatics photo I.D. card must pay the non-resident rate. *All memberships include I.D. card - cards at no extra charge. PRnOF nF RF.STI~F.NCY~ To purchase this photo I.D. card, residents must present current water and sewer bill, rental receipt or tax statement with valid Texas Drivers License. (Drivers License not acceptable proof by itself.) Fees established for season passes are as follows: NON DL'CTnL~ATmC DL~CTnL~A7mC 1. LITTLE CEDAR BAYOU WAVE POOL Individual Season Pass: $ 45.00 $ 67.50 *Family Season Pass: $120.00 $180.00 2. SAN JACINTO & NORTHWEST MUNICIPAL POOLS Individual Season Pass: $ 20.00 N/A *Family Season Pass: $ 45.00 N/A 3. TOTAL AQUATIC PACKAGE - ADMISSIONS TO ALL MUNICIPAL AQUATIC FACILITIES Individual Season Pass: $ 55.00 $ 82.50 *Family Season Pass: $145.00 $217.50 *Two adults and children under 18 living at home. • ~ ORDINANCE NO. 1644 Page 2 B. Daily Admission Rates: NON RESIDENTS RESIDENTS 1. LITTLE CEDAR BAYOU WAVE POOL Child (15 & Under): $ 2.00 $ 3.50 Adult (16 & Up): $ 3.00 $ 4.75 Seniors (60 & Up): $ 2.00 $ 3.00 4 Years & Under: -FREE- 2. SAN JACINTO & NORTHWEST MUNICIPAL POOLS: Child (15 & Under): $ .75 Adult (16 & Up): $ 1.00 Seniors (60 & Up): $ •75 4 Years & Under: -FREE- C. Facility Rentals: Little Cedar Bayou Park Wave Pool may be reserved for parties after 8:00 p.m. until midnight - Tuesday thru Thursday. Minimum charge is $250.00 plus staff salaries. Up to 200 persons with an additional charge of $1.00 per person over 200 persons. Section 2. Hours of Operation for Municipal Swimming Pools. Municipal Pools will open for the Memorial Day Weekend (Saturday thru Monday) then close until the first day preceding the La Porte Independent School District summer dismissal. Pools will be open for the July 4th holiday. Northwest and San Jacinto Pools will close for the season the last Sunday prior to La Porte Independent School District classes resuming. Wave pool will be open Labor Day weekend. A. Little Cedar Bayou Wave Pool: Monday Thru Friday 11:00 a.m. - 8:00 p.m. Saturday 11:00 a.m. - 8:00 p.m. Sunday 12:00 noon - 8:00 p.m. B. San Jacinto and Northwest Municipal Pools: Monday Thru Friday 1:00 p.m. - 5:00 p.m. & 6:00 p.m. - 9:00 p.m. Saturday 12:00 noon - 5:00 p.m. & 6:00 p.m. - 9:00 p.m. Sunday 1:00 p.m. - 5:00 p.m. 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 • ORDINANCE N0. 1644 Page 3 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 effective from and after its passage and approval. PASSED AND APPROVED, this 24th day of April, 1989. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary APPROVED: _ /, Z~~-Gd)~ 7(/ Knox W. Askins City Attorney • • EXHIBIT II MAY 4, 1988 Attachment to Agenda Request Form for Ordinance #1644 being considered at the May 8, 1989 City Council Meeting. At the workshop on April 17, 1989 several other concerns/issues were raised by Council. There was some confusion regarding other policy and/or procedures that are outside the bounds of a Rate setting Ordinance. For Councils information a short description of those concerns are as follow: CITY OF LA PORTE POLICY I. Floats allowed in the Little Cedar Bayou Wave Pool: Only floats allowed will be those rented by the City of La Porte. ~ personal floats will be allowed except Coast Guard Approved Types i-2 do 3 Life3ackets. II. Maximum number of patrons allowed in the Facility: III. Leaving and Re-Entering the Wave Pool Facility: Slx-hundred (600) people is the maximum allowed. This figure was arrived at thru the consultation with the City's insurance carrier and the City's Aquatic Consultants in developing the Aquatic Operations Manual. Staff is re-examining the issue of leaving and re-entering the facility. Several methods (wristbands-hand-stamp) for appropriate tracking and identification of patrons wishing to leave and re-enter the Wave Pool. One risk the patrons will be exposed to upon leaving is the maximum of 600 patrons allowed in the Wave Pool Area. i.e. The Maximum is reached while patron is away - their re-entry would be dependent on other leaving. i REHUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: MAY 08, 1989 Requested By: STAN SHERWOOD Department: PARKS ~ RECREATION Report Exhibits: ORDINANCE #1645 Resolution X Ordinance SUMMARY do RECOMMENDATION ATTACHED IS ORDINANCE #1645. THIS ORDINANCE ESTABLISHES RENTAL RATES (DAILY/HOURLY) FOR LA PORTE'S ADULT SOFTBALL FIELDS AT LITTLE CEDAR BAYOU PARK AND NORTHSIDE PARK. THE ORDINANCE WAS DEVELOPED USING INFORMATION OBTAINED FROM SURVEYS OF MUNICIPALITIES IN THE GREATER HOUSTON AREA. THE SURVEY AND A DRAFT OF THE RATE ORDINANCE WERE PRESENTED TO COUNCIL AT THE APRIL 17, 1989 WORKSHOP. THESE FEES ARE INLINE WITH THE SURROUNDING CITIES OF BAYTOWN, DEER PARK AND PASADENA FIELD RENTAL RATES. Action Required by Council: ADOPTION OF ORDINANCE #1645. Avallabllity of Funds: General Fund Capital Improvement Ot he r Account Number: Approved for City Council Agenda Water/Wastewater General Revenue Sharing Funds Available: YES NO Robert T. Herrera Date City Manager ORDINANCE N0. 1645 AN ORDINANCE ESTABLISHING THE RATES FOR RENTAL OF THE MUNICIPAL ADULT SOFTBALL FIELDS AT THE LITTLE CEDAR BAYOU PARK COMPLEX AND NORTHSIDE FIELD; 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. Any person or persons participating in the City of La Porte adult softball leagues, civic organizations, church groups, business or industrial groups may reserve any or all of our three (3) adult softball fields for tournament play on a first come first serve basis by paying all necessary fees and deposits. No indivi- dual or organization may reserve the field for tournament play more than one (1) weekend per month. Payment must be made in person at the Parks and Recreation offices. Fees and deposits established for field tournament rentals are as follows: 1) FIELD RENTAL: 2) UTILITY CHARGE: 3) CLEAN-UP DEPOSIT: 4) GROUNDSKEEPER: $50.00 per field per day (8:00 a.m. - 12 midnight) $10.00 per field per hour (Only charged when lights are required.) $100.00 (Refundable deposit. All trash must be properly disposed of or deposit will be forfeited.) $5.00 per hour (Minimum schedule of 5 hours per day.) Section 2. Any person or persons participating in City of La Porte adult softball leagues may reserve a field for the purpose of team practice or scrimmage games. Field or fields may be reserved for a minimum of 1 hour with a maximum of 2 hours per team. All reservations must be paid in advance at the Parks and Recreation offices. Fees and deposits established for practice reservations at Little Cedar Bayou and Northside Adult Softball Fields: 1) FIELD RENTAL: *$5.00 per hour (two hour maximum) 2) UTILITY CHARGE: $10.00 per hour (Only charged when lights are required.) *Cost of groundskeeper to open facilities and secure facilities upon closing of practice session. ~ ~ ORDINANCE N0. 1645 PAGE 2 Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of 'the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED, this 24th day of April, 1989. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary APPROVED: ~_ L~/' Knox W. Askins City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested : hia~_$.;_ 1_Q8~_ Requested By: __R._Herrera Department: Administration Report ~v_.____ Resolution X Ordinance Exhibits: Or'di nance 1646 Article 4436B of Title 71 (Health-Public) Oath of Office for' Health Authority SUMMARY & ~.,RECOMMEIdDATION Dr. P. J. Mock has been serving as the City's Health Authority for• several years. He recently received a renewal certificate from the Texas Department of Health. Ordinance 1646 formalizes the continuation of Dr. Mock as the City's Health Authority. Action Required by Council: Adoption of Ordinance 1646 Availa0iii:,y of rands: _._____. General Fund ~_ Water•/Wastewater ________ Capital Improvement General Revenue Sharing Other (Moto r• Pool Replacement Fund) Account Number: _ ~ Funds Available: _ YES _ NO A roved for Cites Council_Agenda Robert T. Herrera DATE City Manage r• ORDINAAICE N0. ,26 ?±6 AIV URUINAIJCE APPOIIdTIIdG P. J. MOCK, JR., M.D., AS HEALTH AUTHORITY OF' THE CITY OF LA PO RTE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN h1EETINGS LAW; AidD PROVIDING AN EFFECTIVE UA:t~r: HEREOF. BE IT ORDAINED BY THE CITY COUNCIL UF' 1'HE CITY OF LA PURTE, TEXAS: Sec~i~n 1. The City Council of the City of La Porte hereby appoints P. J. P~tock, Jr., M.D., as Healtri Authority of the City of I.a Por•te, effective as of May 8, 1989. The appointee shall serve f ur• a period et;ding inlay 8, 1991 , or until his successor Fias been duly appointed and itualified: Section 2. Ali ordinances or• parts of ordinances in conflict herewith are hereby repealed to i.tie extort of conflict only. Sectior~. Tile City Council officially finds, deter•niines, recites anti 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 ti-r,e reiluired by Iaw preceding this meeting, as required by the Open I~teetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and tt;at ttlis meeting has been open to the public as required by law at all tii»es during which this ordinarice at;d ttie subject rnatter• ttier•eof has been discussed, corisider•ed and for~nially acted upon. The City Counci.i fur•ttier• ratifies, approves and confi.rrns sucri written notice and ttie con Len Ls and posting thereof. Section ~4. This Ordinance shall take effect and be in f ar•ce fi~on; and after hiay 8, 1989. PASSED AND APPRUVED this tt;e 8th day of IYIay, 1989. CITY OF LA PORTS ~y,___~_..---_.________.__.__~_ ___ __._. Norman L. Malone, Mayor ATTEST: City Sec rota r~y~~__._. APPROVED: City Attor•tiey • • HEALTH-PUBLIC Art. 4436b Title 71 ARTICLE I. GENERAL PROVISIONS Short title Section 1.01. This Act shall be known and may be cited as the Local Public Health Reorganization Act. Purpose Sec. 1.02. The legislature finds that in the interest of promoting effective local public health programs. it is desirable to combine prior legislative authoriza- tion into one Act which-wily provide a consistent, yet flexible, framework for the administration of local public health programs throughout the state. Definitions Sec. 1.03. As used in this Act, unless the context otherwise requires: (1) "Board" means the Texas Board of Health. (2) "Commissioner" means the Commissioner of Health. (3) "Department" means the Texas Department of Health. (4) "Director" means the chief administrative officer of a public health district or a local health department. (5) "Health authority" means the physician who is to administer state and local laws relating to public health. (6) "Local health department" means a department of health created by the governing body of an incorporated municipality or the commissioners court of a county pursuant to Section 4.07 of this Act. (?) "Member" means a municipality, a county, or other governmental entity which is a participant in a public health district. (8) "Physician" means a person licensed to practice medicine by the Texas State Board of Medical Examiners. (9) "Public health board" means an administrative or an advisory board of a public health district or a local health department. (10) "Public health district" means a department of health established under Article IV of this Ac1;. (11) "Region" means a geographic area of the State of Texas as may be determined by the department. (12) "Regional director" means the physician who is the chief administrative officer of a region. (13) "Representative" is a person appointed to serve on a public health board of a public health district or a local health department. (14) "Local health unit" means a division of city or county government that provides limited public health services as provided by Section 4.09 of this Act. 235 Art. 44$6b • HEALTH-PUBLIC Title 71 ARTICLE II. CITIES AND COUNTIES Sec. 2.01. The governing body of an incorporated municipality or the commis- sioners court of a county is empowered to enforce any ]aw which is reasonably necessary to protect the public health. Sec. 2.02. The governing bodies of incorporated municipalities and the com- missioners courts of the counties may cooperate with one another in making necessary improvements and providing services to promote the public health in accordance with The Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil Statutes). Sec. 2.03. The governing body of an incorporated municipality or the commis- sioners court of a county which has not established a public health district or a local health department may appoint a health authority to serve its jurisdiction. The commissioners court shall set the compensation of its health authority, except that the compensation, including a salary, may be allowed only for services actually rendered. ARTICLE III. HEALTH AUTHORITIES Sec. 3.01. (a) A health authority shall perform all duties which are necessary to implement and enforce any law to protect the public health and all duties as may be prescribed by the board. Such duties shall include but are not limited to the following: (1) establishing, maintaining, and enforcing quarantine within the health au- thority's jurisdiction; (2) assisting and aiding the board in all matters of local quarantine, inspection, disease prevention and suppression, birth and death statistics, and general sanitation within the health authority's jurisdiction; (3) reporting to the board, in such manner and form and at such times as it shall prescribe, the presence of contagious, infectious, and dangerous epidemic diseases within the health authority's jurisdiction; (4) reporting to the board on all other matters as may be proper for the board to direct; and (5) aiding the board at all times in the enforcement of proper rules, regula- tions, requirements, and ordinances and in the enforcement of all sanitation laws, quarantine regulations, and vital statistics collections in the health authority's jurisdiction. (b) The board shall hold an annual conference for health authorities and directors presided over by the commissioner or the commissioner's designee. The counties and municipalities may pay the necessary expenses incurred by their respective health authorities and/or director in attending the conference. Sec. 3.02. (a) A health authority shall be: (1) a competent physician who is legally qualified to practice medicine under the laws of this state and who is of reputable professional standing; and (2) a resident of the•State of Texas. (b) A health authority is a state officer when performing duties prescribed by state law. An appointee must take and subscribe to the official oath and file a copy of the oath and appointment with the board. He or she shall not be deemed legally qualified until such documents are filed. A health authority serves for a term of two years and may be reappointed for successive terms. (c) A health authority may be removed from office for cause pursuant to the personnel procedures applicable to the heads of departments of the jurisdiction in which he or she serves. 236 • • HEALTH-PUBLIC Art. 4436b Title 71 ARTICLE IV. HEALTH DISTRICTS Sec. 4.01. (a) By a -najority vote of each governing body, a public health district may be established by: (1) two or more counties; (2) two or more incorporated municipalities; (3) a county and one or more incorporated municipalities situated therein; or (4) two or more counties and one or more incorporated municipalities situated therein. Sec. 4.02. A public health district is authorized to perform the public health functions that any of its members is authorized to perform unless otherwise restricted by law. Sec. 4.03. (a) The members shall prepare a written instrument to be known as a cooperative agreement which shall set out fully the terms of the operation of the public health district including but not limited to: (1) organizational structure and financial administration; (2) procedures for modification of the cooperative agreement; (3) procedures for the admission, withdrawal, and expulsion of members; (4) procedures for the dissolution of the organization; and (5) procedures for the selection and removal of a director. (b) The cooperative agreement may provide for t}~e creation of an advisory or administrative public health board. The public health board may perform any function relating to the operation of the public health district required under the terms of the cooperative agreement. An "advisory public health board" shall advise members and. the directors on matters of public health. An "administra- tive public health board" shall ~ have the authority to adopt substantive and procedural rules which are necessary and appropriate to promote and preserve the health and safety of the public within its jurisdiction; provided that no rule adopted shall be in conflict with the laws of the state or the ordinances of any member municipality or county. The cooperative agreement shall include provi- sions which: (1) describe a method for the selection of representatives to the public health board; (2) specify the composition and number of the representatives constituting the public health board; , (3) determine the lengths of the terms of the representatives, provide that the terms be staggered, and allow for the filling of vacancies for unexpired terms; (4) require that representatives on the public health board shall have resided within the territorial limits of the public health district for a period of three years prior to their selection; (5) require that representatives on the public health board shall serve without compensation; (6) describe a procedure for the removal of a public health board representa- tive and provide substantive criteria upon which the initiation of the procedure may be based; and (7) define the relationship between the director and the public health board. (c) The cooperative agreement shall be approved by the governing body of each member and shall be signed by the appropriate officers of each governing body. Modification of the cooperative agreement shall be in writing and effec- tive upon approval by the governing body of each member. (d) A copy of the cooperative agreement and any subsequent modifications shall be included in the minutes of the governing body of each member and shall 237 Art. 4436b • ~ •AI.TH-PUBLIC Title 71 he filed with the county clerk of affected counties, the city clerk of affected municipalities, and th~~ department. Sec. 4.U4. (a) ThE~ members shall alp{>oint a director of the public health district. (b) The director shall be a physician and shall be the health authority within the jurisdiction of the public health district. Nonphysicians serving as directors on the effective date of this Act may continue to serve in that capacity, in which case the members shall appoint ~t physician to be the health authority within the jurisdiction of the public health district. (c) The director shall serve as an ex officio nonvoting member of any public health board established by the cooperative agreement. (d) A member may designate a person to perform its appointment duties under this section. Sec. 4.05. A school district or ocher governmental entity may apply to become a member of a public health district. The governing body of each member shall review the application. If a majority of each member approves the application, the school district or of}rer governmental entity may be admitted to membership upon such terms as are acceptable to the applicant and members. Sec. 4.06. Members shall provide for payment of costs necessary for imple- mentation of the public health district including but not limited to the costs for: (1) staff salaries; (2) supplies; (3) suitable office quarters; (4) health and clinic centers; (5) health services and facilities; and (6) maintenance. Sec. 4.07. ~ (a) By a majority vote, the governing body of an incorporated municipality or the commissioners court of a county may establish a local health department. (b) A local health department is authorized to perform all public health functions which the incorporated municipality or county is authorized to perform. (c) The governing body of an incorporated municipality or the commissioner's court of a county shall appoint a physician as a director of the. local health department, and the director shall be the health authority within the jurisdiction of the local health department. Nonphysicians serving as directors on the effective date of this Act may continue to serve in that capacity, in which case the governing body or the commissioners court shall appoint a physician to be the health authority within the jurisdiction of the local health department. The governing body or the commissioners court may designate a person to perform its appointment duties under this section. The commissioners court shall set the compensation of the director and the health authority in its jurisdiction, except that the compensation, including a salary, may be allowed only for services actually rendered. .(d) The governing body of an incorporated municipality may provide for the creation of an administrative or advisory public health board. The commission- ers court of a county may provide for the creation of an advisory public health board. The director shall serve as an ex officio nonvoting member of any public health board established for the local health department. Sec.. 4.08. (a) The governing body of an incorporated municipality, the com- missioners- court of a county, or the administrative board of a public health district may adopt ordinances or rules to charge fees for public health services subject to the following: 238 HEALT - ~ i • Art. 4436b H PtJBI.I(, Title 71 (1) no individual shall be denied public health services because of inability to pay for services, and the municipality, county, or district shall make provisions for a reduced fee or no fee for individuals unable to pay for services in whole or in part; and (2) if a local health unit, local health department, or public health district receives state support for the provision of public health services, then the Uniform Grant and Contract Management Act of 1981 (Article 4413(32g), Ver- non's Texas Civil Statutes), and standards adopted pursuant to that Act shall control where applicable. (b) For purposes of this section, "public health services" means personal health promotion and maintenance services, infectious disease control and pre- vention services, environmental and consumer health programs, laboratory ser- vices, public health education and information services, and administrative servic- es. Sec. 4.09. (a) For purposes of this Act, a public health district,. local health department, and local health unit shall be identified by its prograrri of public health services. (b) A public health district and a local health department shall provide at least: (1) personal health promotion and maintenance services; (2) infectious disease control and prevention services; (:3) environmental and consumer health programs for enforcement of health and safety laws related to food, water, waste control, general sanitation, and vector control; (4) public health education and information services; (5) laboratory services; and (6) administrative services. (c) A division of a city or county government providing public health services that does not qualify as a public health district or local health department under Subsection (b) of this section is classified as a local health unit. (d) A public health district, local health department, or local health unit may become affiliated with the department to facilitate the exchange of information and the coordination of public health services. To become affiliated, the entity shall annually provide to the department information concerning: (1) services provided; (2) staffing patterns; and (3) funding sources and budget. (e) The department may enter into contracts with public health districts, local health departments, and local health units for the provision of public health services. (f) The board may adopt rules necessary to implement this section. However, nothing in this Act shall be construed to grant the board of any district created hereunder the power to adopt rules or regulations for any part of the district which are not otherwise specifically authorized by state law. ARTICLE V. PUBLIC HEALTH REGIONS Sec. 5.01. The board may establish public health regions to provide public health services within the state. Sec. 5.02. For each public health region created, the board shall appoint a physician to serve as regional director. The board shall establish qualifications and terms of employment of a regional director. Sec. 5.03. The board or its designee may appoint a regional director to perform the duties of a health authority. The regional director may perform the -239 i • Art. 4436b HEALTH-PUBLIC Title 7l duties of a health authority within the region as authorized by the board or the commissioner in a jurisdiction which is not served by a health authority or in a jurisdiction served by a health authority who has failed to perform duties prescribed by the board pursuant to Section 3.01 of this Act. Added by Acts 1983, 68th Leg., p. 798, ch. 190, § 1, eff. Sept. 1, 1983. Sec. 1.03(14) added by Acts 1985, 69th Leg., p. 4312, ch. 539, § 1, eff. Aug. '26, 1985; Secs. 2.01 to 2.04 amended by Acts 1985, 69th Leg., p. 4312, ch. 539, § 'L, eff. Aug. 26, 1985; Sec. 3.02(a), (b) amended by Acts 1985, 69th Leg., p. 4313, ch. 539, § 3, eff. Aug. 26, 1985; Sec. 4.04 amended by Acts 1985, 69th Leg., p. 4314, ch. 539, § 4, eff. Aug. 26, 1985; Sec. 4.07(c) amended by Acts 1985, 69th Leg., p. 4314, ch. 539, § 5, eff. Aug. 26, 1985; Sec. 4.08 amended by Acts 1985, 69th Leg., p. 4315, ch. 539, § 6, eff. Aug. 26, 1985; Sec. 4.09 added by Acts 1985, 69th Leg., p. 4316, ch. 539, § 7, eff. Aug. 26, 1985; Sec. 5.03 amended by Acts 1985, 69th Leg., ch. 5:39, § 8, eff. Aug. 26, 1985. Sections 3(b) and 4 of the 1983 Act pro- vide: "Sec. 3(b). Any cooperative health unit, organization, agency, or other coordinated public health organization, by whatever name called, which has heretofore been cre- ated under any prior law of this state is specifically validated and it shall, within one year of the effective date of this Act, orga- nize itself as shall be necessary to bring it within the provisions of this Act. Such entities may charge fees for services in accordance with Section 4.08 of this Act during such transition period. "Sec. 4. Any referenQe in the law to a county health officer or a city health officer means the health authority appointed pur- suant to this Act." Title of Act: An Act relating to the powers and duties of cities and counties and the Texas Board of Health in public health matters; provid- ing for the establishment of public health districts, local health departments, and pub- lic health regions and the appointment of health authorities; amending Title 71, Re- vised Statutes, by adding Article 4436b; re- pealing Articles 4422, 4423, 4424, 4425, 4426, 4427, 4428, 4429, 4430, 4431, 4432, 4433, 4434, and 4435, Revised Statutes and Chapter 1, page 844, Special Laws, Acts of the 46th Legislature, Regular Session, 1939, as amended, and Chapter 63, Acts of the 51st Legislature, Regular Session, 1949, as amended (Articles 4436a-1 and 4447a, Ver- non's Texas Civil Statutes, respectively); re- pealing Articles 1003, as amended, and 114fiA, Revised Statutes, to the extent of any conflict with the provisions of this Act; providing an effective date and validating certain entities during a transition period; and declaring an emergency. Acts 1983, 68th Leg., p. 797, ch. 190. Cross References Motor vehicles operated by Emergency Medical Services volunteers, see art. 6701d, §§ 2(d), 172. Library References ' Health and Environment «2 to 4. ('.J.S. Health and Environment §§ 5 to 11, 56. Notes of Decisions i. Construction and application Jurisdictions of city and county health officers are ordinarily limited to municipal boundaries on the one hand and unincorpo- rated areas on the other, but when they are acting as officers of the state, Texas Board of Health has power to determine their re- spective jurisdictions. Op.Atty.Gen.1979, No. MW-43. 240 ~'~ h OATH OF OFFICE I, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of health Authority of and will to the best (City, County, or District) of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly swear (or affirm), that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employ- ment, as a reward to secure my appointment. So help me God. Health Authority Mailing Address Zip (Area Code) Phone Number SWORIy TO and Subscribed before me this day of ,19 lyotary Public, County, Texas. ~-Certification of Appointment ~~ I do hereby certify that on day of 19 , a physician licensed by the Texas Board of Medical Examiners, was duly appointed the fIealth Authority of Texas, (City, County, or District) for the term to begin on 19 and end on 19 ,unless said authority is removed by law. Signed Title • RE UEST FQR_CITY COUNCIL AGENDA ITEM Agenda Date Requested: _ May 8, 1989 Requested By: K. Askins __.__ Report Department: ___ Legal Resolution X_. Gr•dinance Exhibits: Copy of application for permit Ordinance 1000-Y SUMMA RY_ & _RECOMMENDATION In accordance with City of La Porte Ordinance 1000, Council action is r•equir~ed to authorize an alcoholic beverage permit being issued for• a new 'ousiness. Application has been received for Two Cajuns Cafe and Meat Market, located at 10003 Spencer Highway. The location meets all requirements. The attached ordinance grants authorization for an alcoholic beverage permit. Action Required by Council: Adoption of Ordinance 1000-Y Availability of Funds: .~__i_ General Fund _~ Udater/Wastewater __._.__,__ Capital Impr•overnent General Revenue Sharing _ Other (Motor Pool Replacement Fund) Account Aiumber•: ______ __ Funds A_vailabie: YES NO Approved_ for., C_ity_ Council Agenda ~~~~ C~S...J_.__ ---.----___ _ _ ____ _ __ Robert T. Herrera DATE ~~ _ City Nlanagei~ ORDINANCE N0. 1000-Y AN ORDINANCE AMENDING ORDINANCE N0. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; DEFINING SOURCE OF AUTHORITY; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte desires to regulate the sale of beer and prescribe the hours when it may be sold, for consumption on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.31 et seq; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. In addition to the locations specified in Section 1 of Ordinance No. 1000 of the City of La Porte, passed and approved by the City Commission of the City of La Porte on August 19, 1974, the sale of beer and wine shall also be permitted during the hours set by the general laws of the State of Texas, consistent with Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Sections 105.05 and 105.06, at the following location by a retailer selling beer and wine for consumption on premises, to-wit: STREET ADDRESS OF PROPERTY: 10003 Spencer Highway, La Porte, Harris County, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: See Exhibit "A" attached hereto and made a part hereof for all purposes. NAME OF APPLICANT: Billy Alfred Fontenot ADDRESS OF APPLICANT: 4029 Burke Road #3010, Pasadena, Harris County, Texas TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Two Cajuns Cafe & Meat Market Section 2. Except and to the extent amended hereby, Ordinance No. 1000 shall remain in full force and effect. Section 3. This ordinance shall constitute a permit for the operation of a restaurant, as above defined, at the above location, which permit shall be personal to the applicant, and non-transfer- able, and shall be further conditioned that the permittee shall • Ordinance No. 1000-Y, Page 2 comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local laws and ordinances, including other provisions of this ordinance. Section 4. It is expressly provided that this ordinance is not an attempt to create a zoning district or comprehensive zoning as authorized by Vernon's Texas Codes Annotated, Local Government Code, State of Texas, but rather is to designate that area wherein beer for consumption on premises may be sold in accordance with the Authority granted by the Texas Codes Annotated, Alcoholic Beverage Code, State of Texas. Section 5. Hereafter no license for the sale of beer for consumption on premises where sold shall be issued or approved, save and except the areas designated in Ordinance No. 1000 of the City of La Porte, Harris County, Texas, and amendments thereto. Section 6. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of Ordinance No. 1000 or any amendments thereto, or any other ordinance, statute, or code, that permits and regulates the subject matter of this Ordinance, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, any court shall have all the powers that existed prior to the effective date of this Ordinance. Section 7. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this Ordinance. Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance Ordinance No. 1000-Y, Page 3 and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 8th day of May, 1989. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary APPROVED: 'liU Knox W. Askins City Attorney , r~:vrltsj.~...n. Ht:'t'ES A1tD Tfo11NPS DCSCRiPTION O3L-~5"~5U3 Deirrp' a 0.551p acre (241000 aq. ft.) tract of''~and out of that certain ' , 159.504 r,crs trace of land designated as Tract One on a plot of various tracts s near ,~a-iriri'o~f}t; pork Subdivieian according to tiro survey performed by Shaner, • , illckak.pnd.;,C~t+e'~ry,.'deted October and Navetnber of 1973. The 0.5510 acre tract in out of t)re W, ;.j}t,tP,a~n'tr~St,bdivision in Lire W. ff. Jones Survey, A-482, of ~~;. ,.~ 1larrlo:~County, 9'cxas and 'ia ,inore po•ct'~t:ularly described by mQtee and bounds ~ . .1 ..1 V . ~~'. as fallows~ ~. , CouunencinG at a 5/e inch iron rod;; foiind'~,for t1ra~~~pyClteast Darner of :, ~ ti +; • tl,nt certaln 7.SU acre tract, out of tl(e-above describoJ 1S9.SO4 acre tract. ' tf11 y t'... 7'Ira 7.50 acre tract is that certain tract deocribed in, Lho .~nstrumane of .~ .., record located under liarria County Clerk'B~File Nun,bnr.,F. 7569~f~; .said point . ~ , belftg coirfclderrt with l:lte Nort:tr right-of-clay line of Nest Hain Street (Spencer ~ IIlglrway), . Tlteuce, >;ast; coincident with the North. right-of-way Yiris of Weet Dlain Street (Spar~cer ill.gt~way) (L+asad on a wiJttr o~ 100 feet); o Distance of 100,pQ fcl:l' tt~ fl 1~2 ~IlCll iron cull fourlJ for tiro Soul-ifwest coiner of thin O.SSlO acre trACt; the PO1NT OF UtrC1NN1t7C. ' Thence, continuing East coucideut with the North right~of-way line of Nest Ptoin ScreeC (SpenceK lllgl-way) a distance of 120.00 foot to ~o point for Cl,c Southon'st corner of .'t hie trait of land. ' Thence, North a distance of 20d, by test: to a point to>:; tilv,Nor.tlreaet oorpar of tlrla tract. '!hence, lJepC; a distance of 120, 00 feet to a point for the ilorthwest ?.. •'~;••~ .1. corner of this t:raet; ~ ,, r t. ~,. ~ ~ , !lt '1'l,ence, Soutb, A distance of 200.00 feet to the POINT OF DECTNtiINC, 7'Ircre is rese:rved across tits IJortlr portion of this property, a 5.00 foot wtde x 120. U0 fast ion(; uClll.ty easo,nont. •• . Prel-arcd frata provioue aurvey8 and of [ice infarvtation attd not: surveyed on tLc groufrd. '. ~~` s 01;.70 I ~.~.J......u...•....«... t•~j. ll. Carlos Sraith tt.1:/,1t~tlat~;tl7t•I Texas Acgistered Public Survt~yor U122t3 ~ ~Z><tl r~~ Hate: A ril aG 1984 '°•~~•• ~~~~'' Job No. 1 749-04 ;,,~t/~ ; 01 ~~~ a. AECaRpER'S MEMORANDl1M ~``~it.~' Ai T~1[ T1M p~ ~pRP ~11pN [ 1 INQTRU~ ~~~T M~PO~4?Nf1 TO ~E DEQIIATE ~~Cl,U6E~0i1Ll~E4T~"n ~-tR9RONRpOpoUCTtON PNOSO COt'Y, PtxOloRfD P1~KR, ftC. .. t; •,i, t•~ .~, . ~• 1 '; ... , . • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested May 8, 1989 Requested By: Jeff Litchfield Department Finance Report Resolution Ordinance Exhibits: Copy of Tax Statement Copy of Refund Request SUMMARY $~ RECOMMENDATION Section 31.11 of the State Property Tax Code requires property tax refunds that exceed X500.00 to be approved by the governing body. The City of La Porte received a duplicate property tax payment from Prime Cable of Fort Bend in the amount of X586.50 and from the Wharton Weems Estate in the Amount of X644.56. Action Required by Council: The City Council needs to approve the refunds for duplicate payment of property taxes. Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: N/A Funds Available: YES NO Aparoved for City Council Agenda ~' Robert T. Herrera City Manager 5~3~$~I DATE • Unencumbered Expenditure `~~~~~~,~ ,~~ =- ~t~': CITY OF LA PORTE - ~~c~,,, ~',~~~ ~ ACCOUNTS PAYABLE . VENDOR # NVOICE $ 8 - ~ Q VENDOR NAME - - -- _. _ . ~__ _ - INVOICE DATE ~CQ /d ~ ~ _ INVOICE AMOUNT _ ~7 7.~ ~, . _ • DUE DATE ~ `; `.. ,RECUR FLAG Y OR N ~ ' • ` VOUCHER # ~ ~ 1 ' PARTIAL FLAG Y OR N - ~"' ' ,. . • :+ - DESCRIPTION DUPLICATE PAYMENT OF 1988 TAXES , _ _ - • •~ - .., . _, i .`DEPARTMENT ACCOUNT # TYPE .• , C/D AMOUNT $$ - 001-400-401-310 - EX D `~~L~'S ~, . ` :r -. 001-400-401-315 S EX ~ •- D - .. r _ -~,~ _ EX D _ _ ~~r. .. • . ..,._5 .. .. __ __ . -. - -- - '~ EX ~ D - ._ . EX EX EX D D D BILL ~ g~"Qd(~Olas PD. ~a~/o~O ~~2f31~ REMARKS ACCT. ~~ 12 5 8,~c~~0 aal PREPARED BY //~ APPROVED BY ~/~~ ' y ~ ~ CITY OF ~A PORTE PHONE ( 713) 47 i -5020 • P. O BOx 1 1 15 • L~ PORT E. TEXAS 77571 ~l~ /~~ ~, (' ~ ~ ~v -100 I ~Ck~n~u,vV ~ I ~1 b Dear~~ - ~~~,~ ~ itiYt/~ Tax year ~l ~~ Acct ~~~. S~Q~~G~a/ - - . A refund in the amount of ~'~y•.~~"~ is due on the following legal description ~.ll~, a Q- `~-t~n~,~"r~~ This refund is the result of a Duplicate payment Overpayment Erroneous payment To process this refund, please designate if the refund is to be refunded to you (the property owner) or to your mortgage company. If it is to be sent to your mortgage company, fill in the lines below. Name o£ mortgage company ddress of mortgage co. - Loan number This form must be completely filled out and returned to the City of La Porte Tax Office before a refund can be processed. Check appropriate box Property owner Mortgage company[] Signature of property owner Direct inquiries to Tax Office 8:00 a.m. to 5:00 p.m.Mon-Fri l / , • • CITY OF LA PORTE MFG. _ SEO.ND. PR~Yp~TY 100°k MARKET AND ASSESSED VALUE IE N ID '~ DISC/PEN. d INT. CI~+L~ P.O. BOX 1115 • LA PORTE, TEXAS 77571-1115 A _ LAND al ~ G ~ ~ .7 ;-; .~ I r,(- j : -? I PHONE: 713-471-5020 PROOUCnwrv , O ~, " . U IMPflV. ' ` I .,, .. I .• ~. I S -PERS. DflOP. I TOTAL VALUE ~ . TAX ASSESSOR /COLLECTOR ~ 4' : 1 ~ ~% i ~! f'' ~ ~~'~ i' . r:. r RESIDENTIAL HOMESTEAD ~{ f ~, , l y A I y ... OVER 65 HOMESTEAD ~ ~ ~ ~ ~ ~'~ '-~ T 1 ? 7-~ ~ ~ ~' ~- 1 Ci ~ ~ ~ i' I DISABLED PERSONNETERAN :ail "'~~~.'~" .i£~~ 1u'S". i3: Q ~ .; TAXABLE VALUE TAX RATE PER $100 ~:q z ti » {, ~ ~ ' ~+ I ~ % I ~ ^* G 1 i.U I - I ! .. ' ~ d. . it Ah! ADD:ITIQNAL 1~% r1TTGr1~" ~ ;•sZLL 9F ADDeD T; T#tI5 ~iL Pa Jl.~„Y, ~ T, '. .Ll1D~ .•,TT:# YOliR P ;~i..~'i ~°':I~v~~i~ Q~d Y ~.~ ~ il Q~°° ~;FTFP JULY 1:=,T. PROPERTY DESCR TION AND ACRES • ,: ~ -~ ~~ ~' DEC 2 I ~ ~ / <\\~ P.O. BOX 1715 • LA PORTE, TEXAS 775)1-7115 PHONE: 713-471-5020 580000;31`;221 t~~~P~v F C,~.~I~~TU'v 1C~'i~1 F~~~I`~ z14t~, _ ~O W N „i~U"YQ~~ ...x E Taz statements billed Oct. -Jan. 10 will become delinquent Feb. 1st. Delin- r J quent fazes are subject to penalty and interest. Rates: Feb. 7% - Mar. 9% - Apr. 11% -May 13% -Jun 15% -Jul 18% CITY OF I,A PQK~1~.~ iVFE 100°k MARKET AND ASSESSED VArtLUE V LaND 72/40) A PflooucTlvlTv E IMPNV 51.4: 0'.~ S j ~ER$ PROP TAX ASSESSOR /COLLECTOR TOTAL VALUE A pl ~ ~.• t = ~ T ~ ~ ~ ~ RESIDENTIAL HOMESTEAD t4 OVER 65 HOMESTEAD DISABLED PERSON/VETERAN 1 9 ~ ~ TAXABLE VALUE TAX RATE PER $100 .. r1N ADDITi4NAL'15X ATTORNEYS F~` 4JILL 3E ADDLD -TO TfiIS "SILL QN JIiLY 1ST. IPiCLUD~' WITH YOUP. PAYE~cP,'T IF °AID ON 1 fl A • P T r n • ... .. - PROPERTY DESCRIPTION AND ACRES TR 2 J ~~N~=R 124,20) i L'l1LU .b$/$1 t}0 IF PAID IN Fib BAR APR tw1AY JUti J UL :BUG S r :? OCT ~Oti DtC J A }V MFG. SEQ. NO. 8E OOb055 DISC/PEN. 8 1NT. 59 ;11 9133 ;67 76 .01 920 ;~7 92 ;9~ 937 ;4b 109 ;79 9~4 ;35 125 ;68 971 ;24 152 X02 99b ;5g 160 .46 9 Jt35 ;~}2 14 8 ; 91 1013 .47 177 .35 1 1321 .91 1g5 X80 1C33f3 ~3b 994 X24 103,8 ~v0 2C~2 ;b9 - --x{347 ;2S W~Ft~IS F ' ~ARRINGT 1Q01 FANNIN-,#141' ~OUSTGTti T X ,.~ . •..~+ • Y 4? r~ ,. N Taz statements billed Oct. -Jan. 10 will become delinquent Feb: 1st. Delin- quent fazes are subject to penalty and interest. Rates: Feb. 7,"k`- Mar. 9% - Apr. 11% -May 13% -Jun 15% -Jul 18% . ~~ ~-r - Unencumbered Expenditure - ~ ,~' "~ ~`' CITY OF LA FORTE t '~~ ~ ~... <<<. ACCOUNTS PAYABLE VENDOR # INVOICE $8-~3~ o~ ~ - _ VENDOR NAME Q ,(~~ J ~~ ,~ti~p~ ~~~ 1~J~'/~~ INVOICE DATE ~ D /~" ~ ~ INVOICE AMOUNT / ~'CO ~~ --r YOU ARE REQUIRED TO ATTACH RECEIPTS WITH ALL CHECK REQUESTS DUE DATE RECUR FLAG Y OR N VOUCHER # PARTIAL FLAG Y OR N • DESCRIPTION DUPLICATE PAYMENT OF 1988 TAXES DEPARTMENT ACCOUNT # TYPE C/D MOUNT $$ A 001-400-401-310 EX D LL J~~ •S~ 001-400-401-315 Ex ~, ~ D ..~. ~~ EX D EX D .. ~. EX D _ - .~ EX D EX D EX D EX D EX D ` BILL ~ ~~ -QQS~~$ PD. '~~`~ °~ ~~a"5" REMARxs ACCT ~~ IZ, l ~ ~710 ~l(.~ nnn PREPARED B~~~ _ APPROVED BY ~~~ ~~ r ~~, r r CITY PHONE (713) 471.5020 • OF LA FORTE ~ P. O. BOX 1115 ~ LA FORTE. TEXAS 77571 >~,.,., >•...«.,a...>,._. ~.,.. .. .. ~..,.._.,,.y,.~s~.~~;bt ,,...:.i:~.r.....~Mt~t'~:aso ~--yr`L'~t~+fuL...WC-r,,. -L+'.. '~«`.+a:~el~ '!,'s.::.~, ~1Gy ' ~ ~ /~9 ~~,~rne, (a.~c~~~~~ G~~' ~b0 ~ Dear ~~~ ; Tax year ~ %~d ACCt ~~ ~ ~~/~01~9 nd~~V A refund in the amount of ~b •~~/ is d e on the following legal description ` .~ This refund is the result of a. ~,_ Duplicate payment Overpayment Erroneous payment To process this refund, please designate if the refund is to be refunded to you (the property owner) or to your mortgage company. If it is to be sent to your mortgage company, fill in the lines below. Name off,mortgage company Address of mortgage co. Loan number This form must be completely filled out and returned to the City of La Porte Tax Office before a refund can be- processed. Check appropriate box Property owner Mortgage companyQ Signature of property owner ,r-^ t ;ar,.. rt_.. r.._... Direct inquiries to Tax Office 8:00 a.m. to 5:00 p.m.Mon-Fri • I T Y O F L A PO R TE MFG. SEQ. NO. .~. ~ ~lr,' ti:~? J -RDPERTY 100% MARKET AND ASSESSED VALUE If PAID TrPE IR DISC/PEN.BINT. • P.O. BOX 1115 • LA PORTE, TEXAS 77571-1115 V LAND •.~, c: ~ 2 ~ '~~ r "t t; y 1 I r S b ~ ] 17 5 PHONE: 713471.5020 A 5 1 ~ 1 T V I ,.• _ L Pnmucnvlrr h 1' ,, r_ 1 t O J Y I L :; _ _ .`-~-•.,_~ _\ t~ f E IMPRV. •• H Y ^; ~ 4 i 5 1 b ~~ i I J 1: '> / ,1~6 I `S PERS. PROP. ~ Itii 11 Y I .S I G 4 ~. ~ ? r ' , 1~00696JhCI~ JUIv ~7i 97 67G i~,? TAX ASSESSOR /COLLECTOR TOTAL VALUE t ~, > j ~, ,q/'U,~ L1 ~I ~ I s 7 5 ~ 2 I ~ 7 RESIDENTIAL HOMESTEAD A L+ l" 1 1 1 1 (!' ~ G 9'7 I`~ 3 H }~ !~ ~'~ • :: S T ~ !1 ~ h~, OVEfl 65 HOMESTEAD $ ~ t+ 1 '= 7 I ; v 7 LJ !+ I h• i DISABLED PERSDN/VETEflAN j ~ A; OCT 1 2'I 1 0 7~9 j5~ 1 9 '~ ~3 TAXABLE VALUE _ ~ TAX RATE PER $100 ;*•.?~~,r~1~1~ ~ DAL 1341 S4 7c1 ~~'~ ' -- A A~J HDDITiCiNAL 1ST ATTORNEYS, fwE wIILL ~- ~:. ;;; ,. $c kDDED 1'Q Ti~T"~''~~ILL~ 0'N JULY 1ST. r~•i~R7N;14: CAt~'Lt FJ I 3a , ~, TES '` I+'~CLUDE wITP YOuR P,~Y;~E~~T IF PAiJ 0~! 60U COivuRESS S • c 3000 0 ~tl n ~ PROPERTY DESCRIPTION AND ACRES ~~~ 2 4 t~u~ N OUTL07 5.96 AUSTII\ TX~ s ~/ = E ! ~~, .. L A P 0 K 7 E 0 JT L O T S Tax statements billed Oct. - Jan: ~ _, will becnrrSe delinquent Feb 1st. Delinquent taxes subjec~penalty & interest. •.~* --'~-.' Rates: Feb. 7% - Mar. 9% -Apr. 11 % -May 13% -Jun. 15% - Jul. 18%. - - -~ ~. I CITY O F L A ~ ~J rc j MFG. -SEQ. NO. ~OTy-pE~ 100% MARKET AND ASSESSED VALUE IF PAID ' IN DISC/PEN.BINT. .. "- -.. I P.O. BOX 1115 • LA PORTE, TEXAS 77571-1115 V .LAND. J tv;, C. ", ~ ~ q: ~, ~ '~ Ifj t/y ~', ? IS ? I ., PHONE: 713-471-5020 A PRO°ucnwrv 4 :7 [ I L 1 i4 I t (~ h~ it I ~ w. .S PERS. PROP. 1 ~r~ !+ ~` i ~ I L ~t f~ I •-~ (~ I j ~ . _ T • : I TOTAL VALUE ~~ ;r ~ . c .~, ~ D L ~ i~ ~ i ' ~ L " z: I , TAX ASSESSOR /COLLECTOR I . ' g RESIDENTIAL HOMESTEAD ;~ V ~ 1 '~ '~ I ~ ~ i {~ ~ I d 7 r 4~-' H ~ • ~ S T :~ .:t ~ ~. OVER 65 HOMESTEAD I I IY ,. 1Y • DISABLED PERSON/VETERAN V L T ~. ~ 9 ~ ~ 1 i ~ ? ,_~ ~ IS '~ 'r .. I TAXABLE VALUE ~ ~~ ~- --' ~ a~ ~ V 1 2 " j~+ „I r' ( j I j ~ ~I ~ `: _ TAX RATE PER $100 ~, r•~ I •r.,~/~"~~.~ DEC , ~, i.;y r ,1 •; I=^ 1 • - PO;:~TE T O 5 ~3G,..i.; ~a!'t 1~•L i%~ '~ .. 4,;_, w r?^ '+D:'i'IOC~~.L 1..'-> AtTSr,.,;::YS f~_ v ILI. t >~~ `'~,.: ~D LD T TN;a LL QFi JUI..Yy1 w7• rr;..1'a ~ CA.GLE r' n i ~/ ^ ~, ~"~ ~ w ifaC U~•: ;,,j~t~ Y„ a~a ~~ r ~. r 0 ~'~ '~ ~° O vL >~+Y ?~T ~€ P..I>r C?I~: '~~?L) .CO>•F~~~, SS STS 3'' " ~ • __ 'pR0 ~ D ~5C IPTION AND ACRES ~''~:~' ~ ~9~~ .<< ~s i. - ~ ~ ~T =' l1' - ^."' ~ ~ Tax statements billed Oct. -Jan. 10 will become delinquent~~p,,1s . Delin- quent taxes are.subject to penalty and interest. Rates: Feb. 7% - :•91°/ar _:i e Apr. il% -May 13% -Jun 15% -Jul 18% RE UES OR CI UN L AG N A IT Agenda Date Requested: $ & 89 Requested By: J•L. Sea~se Department: X Report Resolution Exhibits : Mema ~ytcam EMS CGu.e~ Mema ~nam Egwi,~mevrt Seh.v~.ce~ Mema ~nam Ambulance Campany SUMMARY ~ RECOMMENDATION Emetcgency nepa.vus ~a ambulance. Ordinance Un 1=ni,day, Apn,%2 28, .1989, ambulance uvwt #684 was tinvalved ~.n a majan acci.devLt. Caws-idetcable damage way dare ~a ~h.e chas~s,i~s ab the ambulance, tinc,2ud-i,ng a bnah.en and wan.ped name. Carvsdde~ct.ng the .P.%ab~t,P,%t,%e~5 ~,nvalved w,ctn uttemp~,i.ng za tce~a.ilc a btcafzen ~tcame, and ge~,t%ng the uvi.{.t ne-centi.~-%ed, we feel ~h.cct a rce~lacemewt cha~~-us ~sn.auld be ab~a~,ned and nemauwted and ne-cehti,~~,ed ~Gvcaugh Cal~%vv~ Ambulance. A qua~a~,t,an a~ $32, S00 hays been ~ubm.ctted by Ca.P.2,t,v~s ~a tceplace the cha~s~s-cis, nemaut~, ne-~aiv~, and ne-ceJc~%~y the ambulance uzith a~2 app.P.%cable wcvvran~,t.e~. The advav~ta.ge~s a~ ~~ ap~,%an would bey 1. Ma~.vrta,i,~vs manu~actu~ce~ pnaduc.~ .P,i.ab.c,P.t~y wahtca.vity fan xhe amauv-,t a~ ~lvicee m.i.?.P,%an da-22aty~ ($3, 000, 000.00) . 2. Re~s~ane~5 ma~,wtenance watc~canty an module. 3. Pnavtide~s new Eand wcuvcawty. 4. E.2t,mtina~e~s ne-accutu.ng ~tcablem~s due ~a acct.dev~. Action Required by Council: Au~ha~ct,ze an deny eme~c.gency nepa.itus ~a ambulance. Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: _ YES _ NO A r e r it ouncil A enda _~ ~-3~~ Robert T. Herrera DATE City Manager 1=-ctc.e -FIRE DEPARTMENT CI'TY• OF LA P~RTE: . TNTER-OFFICE MEMORANDUM TO: Robert fTerviceJea, C.cty Managers FROM: Gatcy w.c,P,P.i.am3, EMS Chi.eb SUBJECT: Damage ~0 517-02 DATE: May 1, 1989 (Uh~.e ne~spand~.ng ~o an emoJ-.gency on Fn,i.day,, Apni,e 28, EMS unit 517-02 wab ~~c.ucft by a veh~.e,~.e on the ~noht, .~e~~ ~endeh. Due ~o .the apeed o~ the on-eom~.ng veh.ieee, the damage ~o the EMS unit ways extenJs~,ve. Vehi.e,Ce 517=02 hay been ~.n~env~.ce {ion an,2y~one month and ass aueh, I ~ee.~ ~haz =_< .ct .vs ~o the city' d be~~ ~,n~eneh~ ~o return the veh~.e~e ~o oni.g~.na~ eond.cti.on. Th.vs wou.2d ~• en~a.i.2 netuh.n,Lng the unit ~o the manu~actutcen ~o have the ambu,P.anee modu.Ce p.P~ccced on a new eha~~-c% and eomp.~ete .irv~pecti.on o~ the madu,2e ion htidden damage. In ~a.Ching w.cth Co.P~,i.rvs Ambueanee, I way a~~uned ~ha~ the ne-moun~.i.ng eou,e.d be aecomp.~i~hed ~.n ~Giihty days. The appn.oxi.ma~e co~s~ wau,Cd be cvs {~a.Q~ow~: Re-mounting modu.~e ~a new, .1989 Fand eha~s~s.c~ $23,000 - $25,000. *Any h,i,dden damage may a~.ten ~h.v~ e~~,i.mate• Re-Inhpection a~ modu.~e (ah pen. D.O.T. KKK A 182213 dpeci:6~.ca~,i:.o-v~1. $8,000. To~a.C Ea~,ima~e $33, 000. *Le~~s an ~5a.~vage a.P~owance an o.~d ehah~.vs. The advan~age~ o~ ~~ op~,ian wou,2d be; 1, A4cu,n-tai,rvs manu~actune~ pnoduc~ .P.i:ab.i;~cty wannanty 2. Re~~one~s maintenance wajc~canty on madu,2e 3. Pnovtide~ new Fond wa~vcanty 4. E.P,imi.nate~ ne-oceu~,i.ng pnab.~em~s due ~o aeei.derLt. Than(z you ion yours pnomp~ atten~,i.on. ~~ e~ y w.~Q.~i..amd EMS Ch.ieb EMS DT~ION-ADMINISTRATION XC: Joe Sea~e John Joe~.ru, A~~s~. C.i<ty Ildgn. ENC. _~w~ ~ ~w Ambulance Sales & Service P,O. Box 635 Mansfield, Texas 76063 817/ 477-2455 5-~-e`7 ~ t~ ~F ~ l'i~C'r errs ;~ ~iCF 3~ ~1.~ KtiA /~14.`iI F 3'x~ I~iESC~ A~1/w'llil~ic.i A H sG,.~ ~~'~1~~ Gr'~,~~~'-~~7 ~ ~t'f~L% tl/1l'~u'%c~ ~`i' ,_:~ ~~~>,~ ~~;;~:t+~ .~~ ~ v:~~ - ~ .~ U~~' ~lfl~/.~'i ~r,'~. ~•.~ ~~~ ~l d /..;~~Gii: Ji~~;:%l~I,l ;%(' ire ~~%~ ~1~u/.' r A.) c~cr~i~s~~~- L A551 N 5 ~,C~t~l~ ~;1~t1A~'G. L!'Ct' (~ ~~lC/,'F' L~ .!'G'y~ G~ 61 ~„ ,~ ~lilf! ,~/~' /.'!l/i~!'. ~~ .z'l ~llC~c~,~/.~ !1'' ' ~~ ~1i1,~r/~~.% !f~ ~ ll~w1 u~~"I:~ ~ ,~ ~ .ltd 1 . J/ _ t .lL,.c~l~I,';-~ ~ ~lG~ t!d! fG/rl ~:~?~1 ~/.~ ~','i~~/~,~~lG~i~G' %~J, J/.'< lll~1 ~ ~~~~lY~'i ~~~~~~~~ l~%~~ l~~C~. lGt~(' l~~l~ll~ll~l<'li,. , l~~r' ,l ~ `s, ~ ; . .~ 666 ~ ~, l G((/ /~ /' ~/`~ti~r ~N~t f~~~r ~ ~~~~1 G~~ ~~'~ ~~/v/J,~1 ~a l/~ZS~! !~Gi~. ~ ' ~J~(.w'sj~ /~1~r~1~~~/,.l I ~~ rl/ /1 :~.,/~ ~.G.'l i' - ~ "~~~%r~ ~! ~ 1% ~'-, ~./ 1 6.) ~fJA~',CA~,~r y ~ y ~^'~`c,I /~~~( ~~~ ././cG'/.U I ,/~ •J ,(.~U/, ~v~~ /1~,~.f') ~G%~(.~/ L~~//i.5 ~'~~Gl~x[n~' ~lL~~c~L/a LC • •`~ ~tr.(~~~(.tlj~ ' !Jir ~~ ~~.cul~=~d .~~t~l. 1C'1 ~lii •~.~~ ~G1 !ci.~ d~~t /'c~G~,IG'~'.l~l d ~.~1Gf j~ ~ ~ ~ u ` / .j~ .liil~ rl lCll`ty6~lZ~ .~'i~l~,~A~ ~ ~/~~.(',r,~.r~ '~ `/ ~~'~'" / ~~~, r/ 9 c~ 1 !1'i Gy~i~ ,, ~' , . :1~~..l~iit~, ~~ l~~yC, ~~~~i~~u-ll~~~ ~'~~'~f~; ~r~lCl? ilUji~~-~~~ 1,~ ~~~ ;v ~, ' :~ ~ ~' ~cQ S ~iir~ ~' ;~ .~~'~~~r CITY OF LA PORTS ~J INTER-DEPARTMENTAL MEMORANDUM May 4, 1989 T0: FROM: SUBJECT: Robert ~. a era, City Manager Stev~ 1 t, Public Works Director Reco mendation on Damaged Ambulance The Emergency Medical Serivice Ambulance, Vehicle No. 17-02, damaged in the accident that occurred on April 28, 1989 has been examined by the Equipment Services Division, a local repair shop specializing in vehicle frame repairs, a representative from Collins Ambulance Service, and a representative from Joe Camp Ford. The consensus of opinion is the frame can be straightened; however, the vehicle would not be acceptable for use as an emergency vehicle. Equipment Services feels that the vehicle frame can be straightened and repairs made to the cab at a cost of approximately $5,000.00. This vehicle could then be utilized as a utility vehicle in the Water/Wastewater Department. This would replace a vehicle scheduled to be replaced through the Motor Pool Replacement Fund in the 1889/90 Budget. This vehicle has only 2,700 miles on the diesel engine and the trade-in value would be very low. We feel that it could be utilized more efficiently in this manner. It is our recommendation a cab and chassis be purchased and the existing ambulance module be mounted on this cab and chassis. This purchase would be funded through the Motor Pool Replacement Fund. We further recommend the damaged cab and chassis be repaired and used to replace a Water/Wastewater Department crew truck scheduled for replacement in the upcoming fiscal year. This will offset some of the monetary drain on the Motor Pool Replacement Fund. SG/bj xc: John Joerns, Assistant City Manager Joe Sease, Fire Chief John C. Dunham, Assistant Fire Chief Gary Williams, Emergency Medical Service Chief Dick Root, Equipment Services Superintendent RE UES OR CI COUN L AG N A IT Agenda Date Requested: 5~8~89 Requested By : J.L. Sea~e X Report Exhibits: Department: Resolution Mema ~nam Puneha~.ing Manage~c Cady a~ S.id Pnapa~sa.~ Memo ~nam P,vice ~e~an-tmevit S~a.~~ Ordinance SUMMARY & RECOMMENDATION Sea,2.ed ~.cne ha~se b.id~s were a~ened and Head an Apni,2 10, 1989. Seven b~.d neque~s~s were ma.i,~ed acct wdth av~,2y ane ~5u}~~.P.%e~c b.idd.ing. The b.id ~ha~ ways ~subm~itted ways veJcy vague and negwviced thane ea~P~s ~a the vendan ~,n Raund RacFi,Texa~s, do de~enm.ine which ha~se made.2 they actua.P.2y b~.d. A~~en eva~2ua~,%ng the ~.nbanmcr~,i.an ~5up~.P.ied by the vendan, -ct way de~enmined ~ha~ they d.id nab meek the ~s~ec~%~~,ea~,%av~s a~ the b~.d. The F.itce Depcvc~mev~t ~s~a~~ neeammend~s ne~eeting the b.c.d, and ne-b~.dd.ing a~ a ~.a~en dale, a~ which ~,ime mane venda~us w,i,Q,2 be d'er~ bdd ~acfze~, tin an e~~ant ~a neee~.ve mane eompetetive b.id~s. A c t i o n Required b y C o u n c i 1: Au~halciz e an deny, net ee,#,f.a n a ~i ~i-vice hay e b.id, and au~hafr,%ze ~s~a~~ ~a ne-b,%d a~ a 2a~en dale. Availability of Funds: General Fund Capital Improvement Other Account Number: Water/Wastewater General Revenue Sharing Fund: Available: _ YES _ NO Approved for City Council Agenda T. S ~ 3 `~~ Robert T. Herrera DATE City Manager 1=,Vt.e ~. .-__ BID PROPOSAL TO CITY OF'LA PORTE, TEXAS T0: HONORABLE MAYOR AND COUNCIL CITY OF LA PORTE LA PORTE, TEXAS FROM: COMPANY MILE-HI T FIREEQUIP_._ I; .ADDRESS 1100 B NORTH INDUSTRIAL CITY ROUND ROCK, STATE TEXAS 78681 PHONE. 512 244 0099 ITEM N0. OF UNIT TOTAL DESCRIPTION N0. J UNITS PRICE PRICE 1. FIRE HOSE A. FOUR INCH (4") ~ 1000'FT. $5.88/FT. $5880.00- B. FIVE INCH (5") ~ 700:.FT. $6. 78/FT. $4146.00 •,I ',,,~,~,iir •,, - ~~' ~~,~. 'r. ,~ ~' ~ ~, • ~~~ IT IS UNDERSTOOD AND AGREED THAT THE ABOVE DESCRIBED, ITEM, MATERIAL, AND/OR EQUIPMENT, SHALL CARRY THE STANDARD WARRANTY OF THE MANUFACTURER, AND BE DELIVERED ON SITE IN ACCORDANCE WITH THE ATTACHED SPECIFICATIONS IN, AO (NINE TY1 DAYS: FOR THE SUM OF 10.6 2 6 DOLLARS . TEN THOUSAND, SIX FIUNDRED TWENTY-SIX DOLLARS THE UNDERSIGNED CERTIFIES THAT THE BID PRICE CONTAINED IN THE FOREGOING PROPOSAL HAS BEEN CAREFULLY CHECKED AND IS SUBMITTED IN DUPLICATE AS CORRECT AND FINAL THIS FTF TE( DAY OF A P R T L 19_$_,Q_• hi L S E- N T T F T R F F (111 T P M F N T ,.. i N C_ ~ 1, tv.~! 6 ~~~1(~~~ COMPANY OFFICER • • CITY OF LA PORTE INTER-OFFICE MEMORANDUM APRIL 14, 1989 T0: Joe Sease, Fire Chief FROM: Louis Rigby, Purchasing Manage. ~ SUBJECT: Sealed Bid ~~0317 - Fire Hose Advertised, sealed bids ~~0317 for fire hose were opened and read on April 10, 1989. Bid requests were mailed to seven. hose suppliers with only Mile-Hi-T Fire Equipment returning a bid of $5.88 per foot for 4" hose and $6.78 per foot for 5" hose. Total cost is $10,626.00 with a 90 day delivery. The 4" hose bid is manufactured by Firequip and the 5" hose is manufactured by Snap-Tite. I spoke with representatives from the suppliers that did not bid and was told they could not be competitive enough in the municipal market to bid. 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 xc: John Joerns, Assistant City Manager John Dunham, Assistant Fire Chief FIRE DEPARTMENT C I T Y O F L A P O RT INTER-OFFICE MEMORANDUM TO: JOE SEASE, FIRE CHIEF DATES/2/89 FROM: JOHN C. DUNHAM, ASSISTANT FIRE CHIEF SUBJECT: SEALED FIRE HOSE BID #0317 As instructed, I have contacted Mile-Hi T Fire Equipment Inc. to clarify their bid on the four and five inch hose. I spoke with several .persons at their company over a several day period. Apparently the person who filled out the bid proposal was not familiar with their product. They had to call their supplier to ask questions about the hose, to see if it met our specifications. After evaluating all the information supplied by the company, it is i apparent that they cannot .meet specifications, primarily on the couplings for the four inch hose. Secondly, we only received one bid proposal. In discussing the . matter with our Purchasing Manager, we found that two local vendors., who normally bid municipal fire equipment were inadvertently not sent bid proposals. I feel we should reject the one bid received and re-bid at a later date. We can also insure that the local vendors mentioned receive bid proposals. J n C. Dunham ssistant Fire Chief