HomeMy WebLinkAbout1989-07-24 Regular Meeting• •
MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL
JULY 24, 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, Ed Matuszak, Bob
McLaughlin, Mike Shipp, Deotis Gay, B. Don Skelton, Jerry
Clarke
Members of City Council Absent: None
Members of City Staff Present: City Manager Bob Herrera, City
Attorney Knox Askins, City Secretary Cherie Black, Assistant
City Manager John Joerns, Assistant to the City Manager Janie
Bais, Director of Community Development Joel Albrecht,
Assistant Director of Public Works Buddy Jacobs, Director of
Parks and Recreation Stan Sherwood, Finance Director Jeff
Litchfield, Golf Pro Alex Osmond, Parks Superintendent Bert
Clark, Treatment Plant Supervisor Walter Barnes
Others Present: Debbie Barnes; John Black, Bayshore Sun;
approximately 20 citizens
2. The invocation was given by Councilperson Clarke.
3. Council considered approving minutes of the special called
meeting held July 5, 1989.
Motion was made by Councilperson Skelton to approve the
minutes of July 5 as presented. Second by Councilperson
Clarke. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
4. The Mayor proclaimed September 4, 1989, as Jerry Lewis
Telethon Day in La Porte. The proclamation was accepted by
Debbie Barnes.
5. Paula Bridges addressed Council regarding the traffic problems
on Myrtle Creek. She asked that Council do something soon to
slow the traffic down. She had contacted the Texas Department
of Public Safety about the problem, and they advised her to
give Council a chance to do something; if nothing is done,
they will look at the problem.
Jo Davis addressed the Council to encourage that they vote for
• •
Minutes, Regular Meeting, La Porte City Council
July 24, 1989, Page 2
the agenda item to authorize additional funds to fight the
Houston Chemical Services application, and thanked them for
their past efforts. She also expressed appreciation to
Councilperson Mike Shipp for his efforts on Council, and
wished him well in his new venture.
6. Council considered an ordinance approving and authorizing
agreement by and between the City of La Porte and Hughes Sand
Pits, Inc., for disposal of type IV waste.
The City Attorney read: ORDINANCE 1656 - AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BY AND BETWEEN THE CITY
OF LA PORTE, TEXAS, AND HUGHES SAND PITS, INC., FOR DISPOSAL
OF TYPE IV WASTE.
Motion was made by Councilperson Shipp to adopt Ordinance 1656
as read by the City Attorney. Second by Councilperson
McLaughlin. The motion carried, 8 ayes and 1 nay.
Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Skelton, Clarke and Mayor Malone
Nays: Councilperson Gay
7. Council deferred this item until after the executive session.
8. Council deferred this item until after the executive session.
9. Council considered authorizing emergency repairs to well motor
at water well #1 in an amount not to exceed $4,000.
Motion was made by Councilperson Gay to authorize emergency
repairs to the well motor at water well #1 in an amount not
to exceed 54,000. Second by Councilperson Clarke. The motion
carried, 9 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
10. Council considered participation in a utility extension to
serve Chevron service station at Fairmont Parkway and S.H.
146.
station at Fairmont Parkway and S.H. 146. Second by
Councilperson Clarke. The motion carried, 8 ayes and 1 nay.
• •
Minutes, Regular Meeting, La Porte City Council
July 24, 1989, Page 3
Ayes: Councilpersons Waters, Cooper, McLaughlin, Shipp,
Gay, Skelton, Clarke and Mayor Malone
Nays: Councilperson Matuszak
11. Council considered awarding a bid for liquid bleach and
rejecting a bid for muriatic acid.
Motion was made by Councilperson Waters to award a bid for
liquid bleach to Hancock Pool Services and reject the bid for
muriatic acid. Second by Councilperson Cooper. The motion
carried, 9 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
12. Council considered rejecting a bid for a 1/2-ton pick up truck
for Bay Forest Golf Course maintenance division.
Motion was made by Councilperson Waters to reject the bid of
Knapp Chevrolet for a ll2-ton pick up truck. Second by
Councilperson Shipp. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
13. Council considered a consent agenda, as follows: A. Consider
approving purchase of portable radios through Houston-
Galveston Area Council; B. Consider awarding a bid for
perforated pipe and fittings; C. Consider awarding a bid for
gravel.
Motion was made by Councilperson Waters to apurove the consent
agenda. Second by Councilperson Cooper. The motion carried,
9 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
14. Workshop Item: Review and discuss proposed oil and gas
drilling ordinance.
The City Attorney reviewed the proposed ordinance for Council.
Motion was made by Councilperson Skelton to put this ordinance
on the next agenda for action by Council. Second by
Councilperson Gay. The motion carried, 9 ayes and 0 nays.
• •
Minutes, Regular Meeting, La Porte City Council
July 24, 1989, Page 4
Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
15. Administrative Reports: City Manager Bob Herrera informed
Council that the audit committee would meet August 15 at 5:30
P.M. He also noted that an appointment to the committee needs
to be made to fill the position previously held by Alton
Porter.
He stated that he appreciated Paula Bridges' comments, and
would like to meet with her later in the week to discuss
possible actions on the Myrtle Creek problem.
Director of Parks and Recreation Stan Sherwood presented a
report on activities at Little Cedar Bayou Park.
16. Council Action: Councilpersons Waters, Cooper, Matuszak,
McLaughlin, Shipp, Gay, Skelton, Clarke and Mayor Malone
brought items to Council's attention. Council wished Mike
Shipp the best in his new endeavor and will miss him being on
Council.
The Mayor then turned the meeting over to Mayor Pro Tem Mike
Shipp, who chaired the meeting for the next item.
17. Council adjourned into executive session at 7:15 P.M. to
discuss the following: A. Meet with attorney(s) regarding
Houston Chemical Services, Inc./Southern Ionics, Inc.; B. Meet
with City Attorney to discuss Crystal Pools-Texas Insurance
Company contract dispute; C. Meet with City Attorney to
discuss Elizabeth Lane easement matter; D. Discussion of
appointments to Fire Code Review Committee; E. Receive report
from City Manager regarding widening of Bay Area Boulevard
and Underwood Road; F. Receive report from City Manager
regarding Bayport Aviation. Council returned to the table at
8:53 P.M.
Council addressed agenda item 7: Consider resolution
regarding widening and improvement of Underwood Road.
The City Attorney read: RESOLUTION 89-10 - A RESOLUTION BY
THE CITY COUNCIL OF THE CITY OF LA PORTE FOR THE WIDENING AND
IMPROVEMENT OF UNDERWOOD ROAD.
Motion was made by Councilperson Skelton to approve Resolution
89-10. Second by Councilperson Matuszak. The motion carried,
9 ayes and 0 nays.
! •
Minutes, Regular Meeting, La Porte City Council
July 24, 1989, Page 5
Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
Council addressed agenda item 8: Consider authorizing
additional funds from the available General Fund balance to
oppose Houston Chemical Services application for a commercial
hazardous waste incinerator facility.
The City Manager recommended additional funds in the amount
of $210,000 to cover expenses through September.
Motion was made by Councilperson McLauahlin to authorize
additional funds in the amount of 5300 000 in order to cover
anv unforeseen expenses over the 5210 000 recommended. Second
by Councilperson Cooper. The motion carried, 8 ayes and 1
nay.
Ayes: Councilpersons Waters,
Shipp, Skelton, Clarke
Nays: Councilperson Gay
Cooper, Matuszak, McLaughlin,
and Mayor Malone
Executive Session items addressed by Council:
The City Manager was instructed to send a letter to Mr. Lee
Browning, informing Mr. Browning that the City had no interest
in pursuing a condemnation of his property.
The City Secretary was instructed to put an ordinance on the
next agenda to appoint members to the Fire Code Review
Committee.
The Council's consensus was to advise staff that the City is
not interested in acquiring an FBO at La Porte Municipal
Airport.
18. Council considered an ordinance accepting the resignation of
Councilperson at Large, Position B, and calling a special
election September 9, 1989.
The City Attorney read: ORDINANCE 1657 - AN ORDINANCE CALLING
A SPECIAL ELECTION OF THE CITY OF LA PORTE; TO FILL THE
VACANCY IN THE OFFICE OF COUNCILPERSON-AT-LARGE - POSITION B;
CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION
PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING
MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD
AND DATES OF ABSENTEE VOTING; PROVIDING FOR AN ABSENTEE BALLOT
BOARD; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND
FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
•
Minutes, Regular Meeting, La Porte City Council
July 24, 1989, Page 6
Motion was made by Councilperson ShigA to adogt Ordinance 1657
as read by the City Attorney. Second by Councilperson Clarke.
The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin,
Shipp, Gay, Skelton, Clarke and Mayor Malone
Nays: None
19. There being no further business to come before the Council,
the meeting adjourned at 9:03 P.M.
Respectfully submitted:
~~~~~ ~~L~~~
Cherie Black, City Secretary
Passed & Approved this the
14th day of August, 1989
~2>
- ~~l` `
Orman L. Malone, Mayor
'Office of the Mayor
..
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mw5eu•~Nc di~eabe~5 a~~eated thawsandb
a {~ owe {~ e.~2aw ~it%z ens tlvca ug hoot th e
na~i..on, many a~ them eh.iecUcen; and
GIHEREAS, the Mubeu,2ah. ~ybt~caphy Abbaai.ati.an pnav~.deb pat%ent~
cu~i~th med~,ca:~ be~cv~.eeb through a nat%ana~ ne~twanFz a~ bame 230 c,Q.~.vu.a5,
and a~~e~ them nea,P~i.zab.2e Nape fan e~~ee~,%ve t~c.eatment~s .and ewce~ tGvcough
.cam extews.Lve pnagnamb o ~ bab~.e and c2i.vu:.ca.2 neb ea~cch; and
!UHEREAS, the annua.2 Jeuvcy Lew.c~ Laban day Te,~ethan ea~v~i,eb the
gaad newt o ~ thus e v.ita.e b env~,ce~ to pcLti.en:t~ eaa~ t to eoabt and •c~s a
pn,i.mahy bauh.ce ab na~%anu~i,de pub•P.i.e buppant fan these •P.%.~e-extend~.ng
pnagnan~s; and
WHEREAS, recent new ~.n~~.ght~ ,iv-to the natwce aU human mube2e
and o ~ neunomub c.u,Pan d.i~s ear e have nai~ ed nea.ei~ti.e hape ion b~.gn~.~~ieant
~uhthen pnagne~b .cn the ~~.ght agct,i.vv~t newcamub eu,~cvc di~seab e .~n .the ~ane-
beeab.2e ~utcvice.
NOw, THEREFORE, I, NORMAN MALONE, MAYOR a~ the City a~ La Pa~ete,
Texab, hereby pn.aeeai.m Monday, September 4, 1989, ab
JERRY LL-(UIS TELETHON ~Ay
.%n tlce Cit y o 6 La Porcte, and ung e that a~2 ait%z errs o ~ tGws C.ct y j a~.n ~.n
buppant a~ the wan.Fz o~ the Mcuscu~2an ~Dybtnaphy Abbaci.ati.on by canthi.but~.ng
to the Je~vc.y Lew•i~ Te,2ethon, ba that a,2e Dote ~eX.2aw aitizen~5 wha •P%ve Uan
tl~e day when they w~.2,~ be ~n.eed b~c.am the bwcder-.1 oU newcamubeu•P.aJc d.i~sea~e
may bee thei~c hape~ su,2~•i-Q-~ed.
IN tVITNESS (UHEREOF, I have he~ceunta bet my hand and cacused the
Se_aa.P a~ ~~e C,cty tU be a6U,Lxed heneta, th.vs tlce 2~lth day aU 1u.2y, 1989•
CTTy OF LA PORTS
No~cman L. are, cyan
W~%
REQUEST~R CITY COUNCIL AGENDA IT~.
Agenda Date Requested: Jul 24 1 89
Requested By:
Public Works
Resolution XX Ordinance
Steve Gillett a artment:
Report
Exhibits: 1. Ordinance No.
2. Proposed contract with Hughes Sand Pit, Inc.
SUMMARY & RECOMMENDATION
The City of La Porte currently has a contract with Hughes Sand.
Pits, Inc. to dispose of municipal Type IV trash. The present
contract is to expire September 30, 1989•
The City re-negotiated the Hughes Sand Pits, Inc. contract.
Agreement has been reached fixing the cubic yard disposal cost at
Two Dollars ($2.00) per cubic yard (the current cost) with a
contract term to begin upon execution and to expire
September 30, 1992. This is the original per cubic yard price
negotiated in 1983.
Staff recommends approval of the contract with Hughes Sand Pits,
Inc. for disposal of municipal Type IV trash at a cost of $2.00
per cubic yard.
Action Required by Council:
Approve oontraet with Hughes Sand Pits, Ino. for disposal of
municipal Type IV trash at a cost of $2.00 per cubic yard. Said
contract to expire on September 30, 1992.
Availability of Funds:
General'Fund
Capital Improvement
Other
Account Number:
Water/Wastewater
General Revenue Sharing
Funds Available: YES NO
Approved for City Council Agenda
o er errera D
City Manager
ORDINANCE NO.
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR OPERATION OF
SANITARY LANDFILL BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND
HUGHES SAND PITS, INC.; HARING 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 24th day of July, 1989.
CITY OF LA PORTE
BY
ATTEST:
Norman L. Malone, Mayor
Cherie Black
City Secretary
APPROVED:
~~
Rnox W. Askins
City Attorney
~GREEMENT FOR OPERATION OF•
SANITARY LANDFILL
By and Between
THE CITY OF LA PORTE, TEXAS
and
HUGHES SAND PITS, INC.
THIS AGREEMENT entered into as of
between HUGHES SAND PITS, INC., a Texa~
Individually (hereinafter collectively
LA PORTE, TEXAS, a home rule City duly
the Constitution and laws of the State
"Cltyn)~
the 1st day of October, 1989, by and
s corporation, JAMES B. HUGHES,
called "Hughes"), and the CITY OF
organized and existing pursuant to
of Texas (hereinafter called
W I T N E•S S E T H:
WHEREAS, the City has immediate need of a location suitable for
disposal of its brush and construction-demolition wastes; and
WHEREAS, Hughes has and maintains a Type IV sanitary landfill site
capable of meeting the City"s needs;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
set forth, Hughes and the City agree as follows:
I.
DISPOSAL SITE
Hughes hereby agrees to operate Type IV trash disposal landfill at a
site located at 5201 South Beltway 8, Houston, Texas 77034, described by
metes and bounds in Municipal Solid Waste Permit No. 1478, granted by the
Texas State Department of Health to Hughes (or at any other mutually agreed
upon site), hereinafter called the "Landfill", for the complete handling,
processing and disposal, by the sanitary landfill method, of municipal
trash/rubbish generated in the City of La Porte and collected by the City
or its franchisee, according to all of the terms and provisions hereinafter
contained.
II. •
MATERIALS TO BE DISPOSED OF
Hughes shall accept, upon compliance of the City with the terms and
conditions in this instrument, all of the City"s brush and
construction-demolition wastes, but not including tires, hazardous wastes,
household garbage, nor barrels.
III.
OPERATION OF SITE
(A) Hughes will have the exclusive right and responsibility to
operate the landfill site in compliance with the provisions of
this Agreement.
(B) Hughes will operate the landfill site in compliance with the
rules and regulations of the Texas State Department of Health
regarding minimum standards of operation for Class IV sanitary
landfills, and the requirement of other State and Federal
agencies pertaining to the disposal of solid wastes, and shall
comply with all the laws of the State of Texas and the ordinances
of the City of Pasadena and will maintain current all necessary
and required licenses and permits for the operation of a Type IV
sanitary landfill.
(C) Hughes shall furnish all labor, tools, and equipment necessary to
operate the site and shall be responsible for all required
maintenance thereof. Supervision by an experienced person shall
be provided at all times when the sanitary landfill is open for
use or operation.
IV .
COMPENSATION
As full compensation to Hughes for operation of the above referred to
landfill by Hughes, the City agrees to pay to Hughes Two Dollars ($2.00)
per cubic yard. Payment shall be based on the number of cubic yards of
municipal trash/rubbish delivered to Hughes under the terms of this
Agreement, it being Further specifically understood and agreed by and
between the parties, with respect to the aforesaid compensation that the
compensation to be paid will be based upon predetermined refuse truck
capacities which ,are agreed upon between Hughes and City.
HOURS OF OPERATION
Hughes agrees to maintain the landfill site, the subject of this
Agreement, open to the City on the following schedule:
Monday through Saturday
7:30 a.m. to 5:30 p.m.
Sunday
CLOSED
except Thanksgiving, Christmas, and New Year"s which shall be holidays and
not subject to the referenced schedule.
Hughes further and specifically agrees that it will use its best
efforts to maintain all roads and entrance to the site accessible and in a
good state of repair.
VI.
TERM
The initial term of this Agreement shall be for three (3) years,
beginning October 1, 1989, or upon earlier execution by both parties
hereto, and ending September 30, 1992.
VII.
INSURANCE AND INDEMNIFICATION
(A) Hughes agrees to furnish the City with certificates of insurance
evidencing that Hughes maintains public liability insurance in
the amount of at least One Hundred Thousand Dollars ($100,000.00)
for personal injury and property damage. Hughes further agrees
to provide City with certificates evidencing worker's
compensation is being maintained on each of its employees
throughout the term of this Agreement.
(B) Hughes hereby agrees to hold the City harmless from any and all
liability that may arise as a result of operation of the site and
further agrees to indemnify the City therefor.
. VIII. •
BOOKS AND RECORDS
Hughes will maintain such books and records as necessary to
substantiate its claims for compensation under Paragraph IV hereof. Each
operator of City vehicles will be provided a numbered receipt at the time
of his use of the site. Hughes further agrees to provide such additional
reasonable information as the City acting through its Director of Public
Works might request to substantiate. Hughes" claim for compensation
hereunder.
EXECUTED in several duplicate originals, the date first above written.
CITY OF LAPORTE
BY:
City Manager
ATTEST:
City Secretary
ATTEST:
HUGHES SAND PITS, INC.
BY : ~~ /l.~
Ja Hughes, Pr sident
..Indemnity Underwriters •Insuranc
'- a Company.... .
•. ~'. ; ; , ` ..... (918) 542-1671- • 515 East Central• • .~.
•~;. =291.'7•" .'I - ~ P.O. Box,1225 . • Miami, Oklahoma:74355..• {d ~:~
Po~~~ •• '_ (tti~r~if~tttt~ of J~t~~'~t ,~~~ . ,,~,,j ~~<~. ;,~, I..:; ~w .~.:-
... , . Y Number , . ~• ~~Li, .. '
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• ,:: - :'.. ' ~ . :; fjsnaWal of • •ur~,ber
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ACTING UPON YOUR INSTRUCTIONS and/or your representative's, and In accordance with
authorization granted us, we have effected insurance with the Insurance-.company shown
above for those coverages shown in Item 4 below and in accordance with all terms_.r~n~,~f:.
bons, forms and endorsements attached to this certifi
DECLAf1ATI0NS • ~ ~ •
1: Named Insured and Mallinq Address; '
Hughes Sand'Pits, Inc. Pit Operations, Inc. ~ " -
• P . 0 . Box 1487 ~ '
'v ~~"•`Pasadena, Texas 77502 •,° ' .
2. Policy Period: ~ 09-15-88 09-15-89
~~~~ ~~ 12.01 A.Y. STAMDAgO TtYE Ar IOCAiION Or U~SIIIIED /prYl~
3. TM Named Insured Is: ^ - Indhddual • .. , • . , • ~ ;;
. ~ Corporotlon O PartlTSnhlp ^ ,ignl venture O other: Insured'a euslrtess: Ldrtdfl•1.1
~. Insurance is provided with r ~~ ~ : , .
aspect to those coverapas and k! s of pr . •'' , ~~ ~ ; • : , I `: ~ ~ - • •
endorsements made a rt hereof • 1 • ~• oP•rty to which a speclf~ ibnft of liability Is shown, subject )O all of the terl~, t~otldltlQne, forma and
iECTIBN ^ PIIOPERTY COYERABE - If indlssted br ss X ~ LIMIT OF LIABILITY ' '
4wrr be. IM. etre. Ne.
Bulldin s uo• NE. ewe. ll., t,q, ~, ~. ~
-. I ~ • - Personal Property of the Insured f _ ~ . , _ a' ~._ ' .,., . •,
PRBPERTt• PeraonslPropertyofOthers _ _ _ `'' ~-~ _• :. ~ ~,...•
CBYER~BE Additional Covers S t _ ' .. _~ ~ ~ : {; • ,, . 1,
~ ( Pec fy)
• .. ~ LIABILITY COVERAGE - If IndksW 1 sn X s _ t •. .
Bodily Injury Liability LIMIT OF LIABILITY ~ ~ . • , . , .. , .~
Property Darnape Liability : each occurrence = , :•• • agDropate
II Bodily Injury and Pro rt : each occurrence =
LIABILITY ~ Y OamaQa Liability Combined = each occurrence aQaregate
CpYER~ Additional Coverage (Speciry) 0 = 50 00 .00 aggregate
Audit ., ,.. ~ , ;~ ;! ~ , , ::... :,'.!
• • Period: Mnual, unless otherwls0 stated: o Monthly ^ Quarterly ^ Seml•Annual ^ (Other)
"`IN "" O OTHER COVERAGE - As'stated In the endorsement, made part of this Policy, N Indicated by X ~ ` ' ~ - -y V • • •
.. 1 1 .J... t~ •
5. Forms and Endorsements made part of this Policy at limo of Issue: IrrsEer No. Ano Earlon oATEI (Applicable to Sections indicated) Sa. Premiums applicable by sectbn
~. Section I Only:
Not Covered ~ ~ ,......::.., t. ,- ...
b. sectbn n on : s • Not Covered.
IUIC1001~7/86),IUIC1002(7/86),IUIC1003(1/86),IUIC1030(5/88) ~~~~~
• ~ - ''Minimum &
c. section ul ony: ~ ~ •- , , _ 9, 000.00 Depos i t
Not Covered ~ ' " - ~ • -- ~ ~~
..V
d. Au Sections: ~ ' " • '' t ~ No t'~ CO ve red• `
*25~ Minimum Earned Premium l ~ f- 9 000.00* M&D
**Pol icy Fee Fully Earned ' " "~•
Fee s__200.00*~_
Insured Loacation: .2122 Genoa Red Bluff Rd• 4.62~s.l.Ta,< = 425.04 '-'~~
L•.J',:I~ ,,,, ~ Stamping Fees 36.80
~'• ~ ~' Houston, ''Texas 17034•- •' - - -• ~• _ ..
,, , ~`~ ~., .- - : , •~,..I ~, ` : . ;. .. _ ., , . , ~ Total 9 66 ,
American Underwriters A enc , •Inc. ~ ~'"•~'~• •.. _ ~ 1'•84
8544 - ..;.... ~ 1. ., :.-.~., .
lulc 8-87 Authorized Representative 09-28-88
ApentM Dated WED/clh
WHITE•INSURED OgEEN•AGENT
CANARY•COPY PINK-COMPANY
GOLD4ENERALAGENT
troucy rrovrsions: riu uu vu v
. INSURER: Gd HartfordNccidenta
Hertford Casualty U
^ Hartford Fire Insure
^ Hartford Underwrite
^ TwinGty Fue Incur
AOORESS: P.O. sox 927,
Icy THE HARTFORD
1. Named Insured and Mailing Address
(No., SVeet, Town, County, State)
individual 8 Corporation
.. Partnership Other ..................
vYcaa~~.vaa~, ...a,.
P.O. Box 4187
Pasadena, Tz. 77502
Other workplaces not shown above: 2122 Genoa- Red 81uf f , Houston. Tx . ; 5201 E . Sam Houston, Parlcxay S.
Houston, Tx.
2. Trio Policy Period is from ~ -13-~9 to L-~ ~-QO 12:01 A.M., standard time at the insured's mailing address
Producer's Name Producer's Code
Day Insurance Service 213474
0030 Sage>eglar
ton, Tx. 77089
3. A. Worker:' Compensation Insurance: Part One of the policy applies to the Workers' Compensation Law of the states listed here: Texas
B. Employers' Uability Insurance: Part Two of the policy applies to work in each state listed in Item 3A.
The Umits of ou! liability under Part Two are: Bodily Injury by Accident S ~,~ nnn Each accident
Bodily Injury by Disease S Snn nnn Policy Omit
Bodily Injury by Diseases S n ^ each employee
C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: See Endorsement
D. This poUcy includes these endorsements and schedules: WC 42 03 01, wC 77 00 00, WC 00 02 02, wC 00 03 ~0,
4. The premium for this policy will be determined by our manuals o Rules, asst t~abons, tes a atittq Plans.
All information required below is sulyect to verification and change by audit.
Premium Basis Rate Per
Classificatlons Code Total Estimated 5100 of ~~~ Annual
Number Annual Remttttention Rettttuteratfat Premium
Clerical Office Employees Noc ~ 8810
Garbage iiorlca ~ 7590
Executive Officers isoc- Performing Clerical
or Outside Salespersons Duties Only 8809
Experience Modification Pending
Expense Constant
~~~
IMerstate~lntrastate ID No. 62815.
Minimum Premium: t
Audit Period: Ann See
Foam WC 00 00 01 (E0.04-84) Pfinted in U.SA
0900
67,000. .5 389.
189,962. 15.4 29,311.
130,000. .7 1,027.
Total Estimated Annual Premium = 30, 812 .
DeposB Premitnn S
Yq C M C P I'
~~
x
85.
,~~~..
Countersigned by
PR~~IlCER'S COPY
Audraiired Agent R-3
GENERAL Ct~AivGE ENDORS~
This Endorsement forms a part of Policy Number
Issued to Hughes Sand Pits,Inc. Pit Operations, Inc.
By the Indemnity Underwriters Insurance Company
Name of Insurance Company
At its Agency Located (city and state) Brenham. Texas
And is effective from October 20,1988
12:01 A.M. Standard Time
Policy Period Inception: September 15,1988 Expiration September 15, 1989
It is agreed that as of the effective date hereof, the policy is amended
L~ thu fulluwiu~; j~arCiuult-r:;.
I cons~der~t~o~ of they dPremiu~ cha~~ed it is hereby unde~~~~oEastdSamrHouston
tat En t. 00 is amen ed to s ow t t.~he location is at
Parkway South, Houston, Texas in lieu of 5201 East Sam Houston Parkway South,
Houston, Texas as shown on Endt. All other conditions of the Policy remain
the same.
Endt . ~4~ 5
Date ~-i~-A9
2917
By
(Duly Authorized Representative
American Underwriters Agency, Inc.
BY g~
RESOLUTION NO. 89-10
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTE
FOR THE WIDENING AND IMPROVEMENT OF UNDERWOOD ROAD
WHEREAS, the City of La Porte is desirous of improving
Underwood Road between Fairmont Parkway and Spencer Highway; and
WHEREAS, Harris County Commissioners Court has indicated that
such improvements will be made if sufficient funding is obtained.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. That Harris County Commissioners Court has the
support of the City of La Porte for the widening and improvement
of Underwood Road between Fairmont Parkway and Spencer Highway.
Section 2. That Harris County Commissioners Court has the
support of the City of La Porte for transfer of any funds available
out of the 1979 Harris County Bonds for Road Projects/Bay Area
Boulevard, to fund the widening and improvement of Underwood Road
between Fairmont Parkway and Spencer Highway.
Section 3. This Resolution shall be effective from and after
its date of passage.
PASSED AND APPROVED this 24th day of July, 1989.
CITY OF LA PORTE
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
APPROVED:
I
Knox W. Askins, City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Jul, 24 1989
Requested By: Steve Gillett ~ partment:
XX
Report
Resolution
Exhibits: Recommendation from Steve Gillett
Public Works
Ordinance
SUMMARY & RECOMMENDATION
The electric well motor at #1 Well was damaged during a storm.
The motor was pulled and taken to Westinghouse for inspection and
a cost estimate for repairs. The. estimated cost of repair is
approximately Four Thousand Dollars ($4,000.00).
This motor is critical due to the current problems at ~~2 Well.
Funds for this repair are available in the Water/Wastewater
Operating budget.
Staff recommends authorization of emergency repairs to the
electric motor at Well 4k1 by Westinghouse Electric in an amount
not to exceed Four Thousand Dollars ($4,000.00).
Action Required by Council:
Authorize emergency repairs to Well ~~1 electric motor by
Westinghouse in an amount not to exceed $4,000.00.
Availability of Funds:
General Fund
Capital Improvement
Other
Account Number: 002-804-804-408
XX Water/Wastewater
General Revenue Sharing
Funds Available: XX YES NO
Approved for City Council Agenda
~ ~,
Robert T. Herrera DATE
City Manager
' • •
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
T0: Robert T H~rera, City Manager
Ott Director of Public Works
FROM: Ste ~ ,
DATE: July 17, 1989
SUBJECT: Well Motor Repairs
As I informed City Council July 5, 1989, the motor on #1
Well was damaged during the storm on June 2b, 1989. There was
severe damage to the motor caused by an apparent direct lightning
strike. The motor was removed and taken to Westinghouse for
inspection and a cost estimate for repairs.
The estimated repair cost is approximately Three Thousand
Five Xundred Dollars ($3,500.00). This includes the inspection
fee, complete rewind, bearing replacement, and balancing. The
approximate replacement cost of this motor is Ten Thousand
Dollars ($10,000.00).
Due to the problems with the well #2 motor and auxiliary, we
feel it is critical to move forward as fast as possible with
repairs to the #1 motor. We request that an emergency be
declared and repairs be authorized in an amount not to exceed
Four Thousand Dollars ($4,000.00). Funds are available in the
Water/Wastewater Operating Budget for this repair.
It is our intention to place this item before the City
Council at the July 24, 1989 regular meeting.
SG:ke
L~
•
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Request d: JULY 24, 1989
Requested
By: oe rec t
_ Report X
Department: Community Development
Resolution
Exhibits: 1. Proposed Utility Extension Agreement
2. Map of Proposed Extension Location
Ordinance
Chevron Oil Company and Hardy-Angel have requested to enter into a
Utility Extension Agreement with the City to extend a sewer line
from the existing 30" trunk line located at the intersection of
14th Street and Fairmont Parkway. The City would extend a 30rr
trunk main along 14th Street to "I" Street. The application would
extend an eight (8") inch main, extending east on "I" Street to
12th Street, where the line would be reduced to a six (6") inch
line serving Chevron and the Hardy-Angel properties.
Staff recommends the extension of the trunk line 440' along 14th
Street at the City's expense and that the remainder of the
extension be at the applicants expense.
The estimated total cost of the sanitary sewer extension to serve
Chevron and Hardy-Angel is approximately $58,747.40. The
estimated cost to the City for the 30" sanitary sewer trunk line
is approximately $43,941.40.
We feel the proposal has merit and makes provision for additional
future development within the City. The proposed segment of the
trunk line extension is in conformity to our Comprehensive
Wastewater Collection and Treatment master plan and will place the
trunk line one block closer to Lift Station No. 28, which is
proposed to be eliminated.
The applicants would be required to enter into our standard
Utility Extension Agreement.
The funds for the City's portion of the proposed extension are
available in our Fund 003, Water and Sewer Capital Improvement.
Action Required by Council:
Approval of City participation in extending a 30" sanitary sewer
trunk line approximately 440' in the 14th Street right-of-way
between Fairmont Parkway and "I" Street.
Availability of Funds:
General
Capital
Other
Account Number:
Fund _ }~_ Water/Wastewater
Improvement General Revenue Sharing
Approved for City Council Agenda
Robert T. Herrera
City Manager
Funds Available: ~ YES _ NO
DATE
L
• •
UTILITY EXTENSION AGREEMENT ~
THE STATE OF TEXAS:
COUNTY OF HARRIS
This agreement, made this day of July, 1989, by and between
the City of La Porte, herein called "City", acting herein through
Robert T. Herrera, City Manager and (1) Chevron USA, Inc. a
corporation and (2) Hardy-Angel, a partnership, of La Porte,
County of Harris, and State of Texas, hereinafter called "Owner".
W I ~.. N E .~~ E T H
(1) All references to "Utility Mains" hereunder shall, for the
purposes of this agreement, refer to: (A) 30 inch sanitary
sewer trunk line extending approximately 440 feet north from
Fairmont Parkway in the 14th Street right-of-way, (B) an 8
inch sanitary sewer main entending approximately 680 feet
east from from said 30 inch truck line in 14th Street witY~in
the "I" Street right-of-way to 12th Street, (C) a 6 inch
sanitary sewer main south approximately 220 feet in the 12th
Street right-of-way, (D) east approximately 100 feet to the
subject properties.
(2) Owner is the owner of certain property in the City of La
Porte, Harris County, Texas, identified as; (1) Chevron USA,
Inc.- Lots 17-24 and the eastern 34 feet of Lots g-16, Block
169 and (2) Hardy-Angel - Lots 1-8, Lots 25-32 and the
western 91 feet of Lots g-16, Block 169, City of La Porte.
City's utility mains do not presently extend to said property.
Owner has requested City to extend utility mains to Owner's said
property.
•
UTILITY EXTENSION AGREEMENT
•
PAGE 2
(3) City hereby agrees to the construction and installation of an
extension of its utility main to said property commencing at
the nearest existing utility main of sufficient size and
capacity, thence along/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.
(~I) Owner agrees to pay a portion of the fees for rights-of-way
or easement acquisition, surveying, engineering, preparation
of contract documents, soils investigations, permits,
construction staking, inspection, and materials testing.
Owner further agrees to pay a portion of the costs related to
the construction and installation of lines (B),(C),&(D)
including necessary appurtenances in conformance with City's
standards and specifications for said extension and
preparation of record drawings based on construction and
inspectors marked set.
(5) If the funds are available, the City of La Porte will
consider being responsible for the Engineering and
construction costs of Section (A) described as a 30" sanitary
sewer trunk main.
• •
UTILITY EXTElJSIGN AGREEMENT
PAGE 3
(6) Subject to the provisions of this agreement, City hereby
agrees to engineering of said utility main with the plans and
specifications to be prepared by the Owner's engineer, H.
Carlos Smith and approved by the City. The fees for the
engineering of said main shall be divided per breakdown
provided by H. Carlos Smith as follows:
Cityts share - line (A)
Surveying $ 400.00
Engineering $2500.00
Owner's share - line (B),(C),(D)
Surveying $ 800.00
Engineering $2500.00
Owner shall deposit with City in escrow a sum equal to the
amount of $3,300.00. When said deposit has been made by
Owner, City shall enter into the agreement with the said
engineer and authorize the design to begin. It is agreed and
understood that the said deposited escrow amount made by
Owner does not relieve Owner from paying for any unforseen
costs/or cost overruns, in the design of the said utility
main that result from circumstance beyond the control of the
City or the said engineer.
(7) Subject to the provisions of this agreement, City hereby
agrees to the construction and installation of said
installation of utility main according to the plans and
specifications to be prepared by the Owner's surveyor, H.
Carlos Smith, and approved by the City. Upon completion and
approval. of plans and specifications the City will place the
project for bid. When bids are received they shall be
tabulated by the City and a copy of said tabulation shall be
provided to the City and the Owner.
• •
UTILITY EXTENSION AGREEMENT
PAGE 4
Thereafter, Owner shall deposit with City in escrow a sum
equal to the amount bid by the lowest responsible chosen
bidder for the Owner's portion of the construction .which
shall consist of all material and labor required to construct
Section (D) (C) & (D), plus a sum equal to the estimated
construction staking and inspection fees if applicable for
the Owner's portion. When said deposit has been made by
Owner, City shall authorize construction of said extension.
It is agreed and understood that the deposited escrow amount
made by Owner does not relieve Owner from paying for any
unforseen costs/or cost overruns in the project that result
from circumstances beyond the control of the City, the
engineer or the contractor.
(8) City agrees to accept the value of the Owner's portion of the
extension that abutts said Owner's property as a pro rata
portion of the prevailing square footage and/or front foot
connection charge for sewer service against said property
belonging to Owner. Owner shall be responsible for all other
customary charges.
(9) Upon execution of this agreement and compliance with terms
herein, City agrees to begin the design and construction
thereof as herein provided. City shall require the Owner's
engineer and the contractor under such contract to diligently
pursue the design and construction ~of the project to
completion.
•
UTILITY EXTENSION AGREEMENT
PAGE 5
(10) In the event that other owners of property abutting the line
extended by Owner under this contract, as shown on the plat
attached hereto as Exhibit A and incorporated by reference
herein, 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 square footage and/or
front foot 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 City under the terms of this
agreement, less Owner's own sewer square footage and/or front
footage connection charges. A11 Owners having participated
in the cost of the extension of these lines, will be
reimbursed equally to their respective participation in the
cost of the lines.
•
UTILITY EXTENSION AGREEMENT
PAGE 6
IN WITNESS WHEREOF, the Parties to these present have executed
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:
(Secretary)
(SEAL)
(Witness)
Approved as to Form:
(City Attorney)
BY:
TITLE:
OWNER : ___._.________--_
BY : _._ -----~----------
TITLE: ~._________________
(Address/7_ip Code)
OWNER:
BY:
TITLE:
(Address/Zip Code)
Note: City Secretary should attest: If Owner is a corporation,
Secretary of Corporation should attest.
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•
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: JULY 24, 1989
Requested By: STAN SHERWOOD Department: PARKS & RECREATION
X Report Resolution Ordinance
Exhibits:
1. BID TABULATION FOR POOL CHEMICALS
SUMMARY & RECOMMENDATION
Sealed bids #0332 for pool chemicals were opened and read on July 3, 1989.
Hancock Pool Services submitted the only bid for liquid bleach and DX
Distributors submitted the low bid for muriatic acid.
We would like to award contract to Hancock Pool Services for the base bid -
liquid bleach only and reject all bids for the muriatic acid. The rate
that we are presently paying for muriatic acid is significantly lower than
the bids we received.
Action Required by Council:
Approval of Hancock Pool Services bid for liquid bleach in the
amount of $ .79 a gallon and a projected total of $5,950.28 and
reject all bids for muriatic acid.
Availability of Funds:
X General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: 001-800-800-207 Funds Available: X YES
Approved for City Council Agenda
Robert T. Herrera Date
City Manager
NO
• •
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
JULY 10, 1989
T0: Stan Sherwood, Director of Parks & Recreation
FROM: Louis Rigby, Purchasing Manager.
SUBJECT: Sealed Bid #0332 - Pool Chemicals
Advertised, sealed bids #0332 for pool chemicals were opened
and read on July 3, 1989. Bid requests were mailed to four
suppliers with two suppliers returning bids, Hancock Pool Services
and DX Distributors.
Bidders were asked to submit firm pricing for liquid bleach
and muriatic acid for a base bid which includes the estimated
quantities for the City and an alternate bid which includes
estimated quantities for the City and the La Porte ISD. Bid
results are on the attached tabulation.
If the recommendation is to include.a cooperative purchase
between the City and the school district, an interlocal agreement
must also be approved.
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 bid before council,
please notify me.
LR/gr
Attachment: Bid Tabulation
xc: John Joerns, w/ attachment
Bert Clark, w/ attachment
• •
SEALED BID ~~0332 HANCOCK DX
POOL CHEMICALS POOL ISTRIBUTOR
SERVICES
1. BASE BID
A. LI UID BLEACH PER GAL .79 NB
TOTAL 5,950.28
B. MURIATIC ACID PER GAL 1.30 .935
TOTAL 4,748.90 3,414.32
2. ALTERNATE BID
A. LIQUID BLEACH PER GAL .79 NB
TOTAL 6,898.28
B. MURIATIC ACID PER GAL 1.30 .78
TOTAL 8,349.90 5,049.72
• •
Agenda Date Requested: u
Requested By: e n Department: $dministration
X Report Resolution
Exhibits:
Memorandum from Purchasing Manager
Ordinance
Advertised, sealed bids X0328 for a 1/2 ton pick up truck for Bay
Forest Golf Course Maintenance Division were opened and read on
June 12, 1989. Bid requests were mailed to six (6) dealerships
with one (1) returning bid.
The bid was submitted by Knapp Chevrolet in the amount of
$11,154.00 and a 90-120 day delivery.
Staff recommends to reject the bid from Knapp Chevrolet and rebid
the 1/2 ton pick up truck at a later date.
Action Required by Council:
Reject bid for a 1/2 ton pick up truck from Knapp Chevrolet and
reopen bid at a later date.
Availability of Funds:
General Fund
Capital Improvement
Other
Account Number:
Water/Wastewater
General Revenue Sharing
Funds Available: YES NO
Approved for City Council A ends
T , ~ - ao -~
Robert T. Herrera DATE
City Manager
• q EI
~~
COMM. DEV.
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
JUNE 13, 1989
T0: Alex Ormond, Golf Course Manager
FROM: Louis Rigby, Purchasing Manager '~
SUBJECT: Sealed Bid #0328 - 1/2 Ton Pick Up Truck
Advertised, sealed bid #0328 for a 1/2 ton pick up was opened
and read on June 12, 1989. Bid requests were mailed to six
dealerships with only Knapp Chevrolet returning a bid of $11,154.00
and a 90-120 day delivery.
I spoke with local dealerships and found that the factory has
stopped this model year production and will not begin the new model
year until September.
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 bid before council,
please notify me.
LR/gr
xc: John 3oerns
Dennis Hlavaty
RE UES OR CI COUN L AGEN A I
Agenda Date Requested: JULY 24, 1989
Requested By: J.L. SEASE
X
Exhibits:
Report
Department: FIRE
Resolution
MEMO FROM L. RIGBY ATTACHED
SUMMARY ~ RECOMMENDATION
Ordinance
FUNDS ARE ALLOCATED WITHIN THE PRESENT BUDGET TO PURCHASE TWO UHF PORTABLE
RADIOS FOR USE ON THE CIMA FREQUENCIES. THESE RADIOS ARE NEEDED TO ENABLE
FIRE DEPARTMENT PERSONNEL TO COMMUNICATE WITH OUR INDUSTRIAL COUNTER PARTS
DURING EMERGENCIES.
THE AMOUNT OF $5,000.00 WAS ALLOCATED FOR THIS PURCHASE. COST OF RADIOS
THROUGH HGAC IS $3,086.00.
Action Required by Council:
APPROVE PURCHASE OF PORTABLE RADIOS THROUGH HGAC.
Availability of Funds:
X General Fund
Capital Improvement
Other
Water/Wastewater
General ;Revenue Sharing
Account Number: 001-500-501-821 Fundy Available: X_ YES _ NO
A~Aroved for Citv Council At7enda
Robert T. Herrera PATE
City Manager
a
• •
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
JULY 5, 1989
T0: Joe Sease, Fire Chief
FROM: Louis Rigby, Purchasing Manager
SUBJECT: Radio Purchase
I received your purchase requisition #9601 for two Motorola Saber
radios. The cost of the radios is $1,543 each and can be purchased
through the Houston-Galveston Area Council making it unnecessary for the
city to bid this item.
However, since the total purchase price exceeds the $3,000 charter
limit, this item must be approved by city council before a purchase
order can be issued. Please submit an agenda request form to Cherie
Black at your convenience.
LR/gr
xc: John Joerns, Assistant City Manager
.~
• •
1tEQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 10, 1989
Requested By: Alex Osmond
Department: Administration
X Report
Exhibits:
Resolution
Ordinance
Summary of Capital items remaining for Golf Course
(dated 5/15/89)
Memorandum from Purchasing Manager and Bid Tabulation
SUMMARY ~ RECOMMENDATION
Advertised, sealed bids ~~0331 for perforated pipe and fittings for
drainage projects at Bay Forest Gold Course were opened and read
on June 26, 1989. Bid requests were mailed to eleven (11)
suppliers with six (6) returning bids.
Low bid meeting specifications was submitted by A&P Water and
Sewer Supplies for 15,000 feet of 4 and 6 inch pipe and fittings.
The total cost of the contract would be $6,770.10. The second
lowest bid was $6,866.10 by Golden Triangle.
Funds for materials for drainage improvements are available in
Fund 05, Golf Course Capital Improvements Fund (see attached).
Staff recommends award of bid to A&P Water and Sewer Supplies, low
bidder meeting specifications for the supply of perforated pipe
and fittings.
Action Required by Council:
Award bid for supply of perforated pipe and fittings to A&P
Water and Sewer Supplies, low bidder meeting specifications.
Contract shall be based on unit price bid with a total
contract value estimated at $6,770.10.
Availability of Funds:
General Fund
Capital Improvement
Other
Account Number:
Water/Wastewater
General Revenue Sharing
Funds Available: _ YES _ NO
Annroved for City Council Agenda
Robert T. Herrera DATE
City Manager
• •
ITE11S REPIAIMI(~G FOR GOLF COURSE
Funds Available/Golf Course Fund 05
[3alance Fund 05 12/31/IIII $64,592.00
Interest Income Allocated 5/15/39* 30,700.00.
TOTAL: $95,292.00
1300-200 Platerial-Clubhouse $ 1,000.00
000.00
1
Sign
Buckets for Top Dressing ,
500.00
Materials for Drainage Improvements 16,500.00
f300-h02 72" Out-Front Rotary Mower -._,,,~ $ II,000.00
00
000
II
Cushman Utility Vehicle
n
Ra .
,
000.00
II
r
Truck for Plaintenance ,
(Superintendent)
f3U0-II33 Parkinc3 Lot $ 6,000.00
fiUO-500 Cart Paths $20,000.00
000.00
12
Pump Station
Underground Gasoline Tanks ,
10,000.00
$ 4,292.00
Contingency
- TOTAL:
*Pendin9 Council approval on 5/15/B9
~;
$95,292.00
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
JUNE 27, 1989
T0: Alex Osmond, Golf Course Manager
FROM: Louis Rigby, Purchasing Manager
SUBJECT: Sealed Bid #0331 - Perforated Pipe And Fittings
Advertised, sealed bids #0331 for perforated pipe and fittings were opened
and read on June 26, 1989. Bid requests were mailed to eleven area suppliers
with six of them returning bids. Two suppliers submitted two bids each.
Low bid was submitted by A & P Water and Sewer Supplies for $6,770.10
bidding Pri_nsco pipe and fittings.
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 bid before council, please notify me.
LR/gr
Attachment: Bid Tabulation
xc: John 3oerns, w/ attachment
Dennis Hlavaty, w/ attachment
SEALED•BID ~~0331 - PERFORATED P~ AND FITTINGS
A& P GOLDEN I P& S ROHAN
WATER AND TRIANGLE
SEWER
SUPPLIES* * ** **
L~
GOLDEN \ Z WATER
TRIANGLE WORKS
**
Z WATER CHEMICAL
WORKS & TURF
* **
. 1. PIPE
A. 4" .23 .23 .25 .36 .27 .32 .34 .36
B. 6" .55 .56 .60 .60 .69 .76 .79 .90
2. FITTINGS
A. 4" TEE 2.10 2.03 1.85 2.57 2.21 2.79 2.87 3.15
B. 6" TEE 3.44 3.33 3._34 4.21 3,J9 4.78 4.99 5.40
C. 6x6x4 TE 3.54 3.42 3.54 4.33 3.79 5.04 4.99 5.40
D. 4" COLL .65
-- - - .63
_ - .49
- .75 .68 .66 .68 .75
E. 6" COLLAR I 1.14 ~ 1.10 I 1.12 1.40 .96 1.39 1.46 1.60
TOTAL 6,770.10 6,866.10 7,364.60 7,946.60 8,373.90 9.360.50 9,764.50 10,979.00
l
---
DELIVERY I
10
10
30
10
__
10
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_ - -- - - -~
-- --
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•
~~ REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Julv 10, 1989
Requested By: Alex Osmond Department: Administration
X Report
Exhibits:
Resolution
Ordinance
Summary of Capital Items remaining for Golf Course
(dated 5/15/89)
Memorandum from Purchasing Manager and Bid Tabulation
SUMMARY & RECOMMENDATION
Advertised, sealed bids X0330 for gravel for drainage projects at
Bay Forest Golf Course were opened and read on June 26, 1989. Bid
requests were mailed to seven (7) suppliers with five (5)
returning bids.
Low bid meeting specifications was submitted by Telge Road
Materials for 200 tons of 3/8~~ gravel and 450 tons of 1" gravel.
The total cost of the contract would be $9,064.00. The second
lowest bid was $9,125.50 by Houston Industrial Materials.
Funds for materials for drainage improvements are available in
Fund 05, Golf Course Capital Improvements Fund (see attached)
Staff recommends award of bid to Telge Road Materials, low bidder
meeting specifications for the supply of gravel.
Action Required by Council:
Award bid for supply of gravel to Telge Road Materials, low bidder
meeting specifications. Contract shall be based on unit price bid
with a total contract value estimated at $9,064.00.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: Funds Available: _ YES ,_ NO
Approved for City Council Agenda
Robert T. Herrera
City Manager
~ 1 z~ ~~
DATE
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ITEMS REPIAIPlI(~G FOR GOLF COURSE
f~ui-ds Available/Golf Course Fund 05
[3alance Fund 05 12/31/f3f3 $64,592.00
Interest Incor.-e Allocated 5/15/39* 30,700.00.
TOTAL: $95,292.00
t3UU-200 Piaterial-Clubhouse $ 1,000.00
Sign 1,000.00
Buckets for Top Dressing 500.00
Materials for Drainage Improves--ents 16,500.00
1300-402 72" Out-Front Rotary Mower -_,,,, $ II,000.00
Cus!-nan Utility Vehicle 8,000.00
Truck for Ptaintenance Rarn 8,000.00
(Superintendent)
f3UU-f333 Parking Lot $ G,000.00
£iU0-SOU Cart Paths $20,000.00
Pump Station 12,000.00
Underground Gasoline Tanks 10,000.00
Contingency ~ 4
- TOTAL:
*I'endin~~ Council approval on 5/15/B9
X55.292.00
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CITY OF LA PORTE
IN'T'ER-OFFICE MEMORANDUM
JUNE 2?, 1989
T0: Alex Osmond, Golf Course Manager
FROM: Louis Rigby, Purchasing Manager
SUBJECT: Sealed aid #0330 - Gravel
Advertised, sealed bids #0330 for gravel to be used for drainage projects
at Bay Forest Golf Course were opened and read on June 26, 1989. Bid requests
were mailed to seven suppliers with the following five returning bids: 1) Telge
Road Materials, 2) Houston Industrial Materials, 3) Draw Basics Materials, 4)
Baytown Sand and Clay, and 5) Parker Brothers.
Low bid meeting specifications was submitted by Telge Road Materials at
$11.84 per ton for 3/8" gravel and $14.88 per ton for 1" gravel. Using yearly
estimated quantities, the total cost of the contract would be $9,064.00.
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 bid before council, please notify me.
LR/gr
Attachment: Bid Tabulation
xc: Dennis Hlavaty, w/ attachment
~~ i •
SEALED BID 90330
GRAVEL TELGE HOUSTON DRAVO BAYTOWN PARKER
ROAD INDUSTRIAL BASICS SAND & BROTHERS
MATERIALS MATERIALS MATERIALS CLAY
1. 3 8" GRAVEL 200 Tons 11.84 11.72 14.95 17.19 17.52
2. 1" GRAVEL (450 tons) 14.88 15.07 14.95 18.44 18.52
TOTAL ~9.,064~.00 9,125.50 9,717.50 111,736.00 ~ 11,838.00
•
CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR
DISCUSSION
A. CONSIDER APPROVING PURCHASE OF PORTABLE RADIOS THROUGH
HOUSTON-GALVESTON AREA COUNCIL - J. Sease
B. CONSIDER AWARDING BID FOR PERFORATED PIPE AND FITTINGS - A.
Osmond
C. CONSIDER AWARDING BID FOR GRAVEL - A. Osmond
Motion by
Second by
VOTE:
Waters
Cooper
Matuszak
McLaughlin
Shipp
Gay
Skelton
Clarke
Malone
FOR AGAINST
ABSTAIN
Motion carried Defeated Tabled
,
KNOX W. ASKINS
JOHN D. ARMSTRONG
May 18, 1989
Mr. Robert T. Herrera
City Manager
City of La Porte
City Hall
La Porte, Texas
Dear Bob:
I enclose a revised draft of the proposed oil & gas ordinance, which
I would appreciate your placing on a workshop agenda for discussion
by City Council, some time within the next couple of months.
Please let me know several weeks ahead of time of the workshop date,
as several of the oil & gas company representatives have asked to be
present for the discussion.
Yours very truly,
/"
Knox W. Askins
City Attorney
City of La Porte
ASKINS S~ ARMSTRONG, P. C
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE, TEXAS 77572-1218
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c,, ,~., u -'1-~ ~Y-f
Ma ~ ~Y
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
HECEiVED
S as -'g'~
CITY MGR'S OFFICE
KWA:sw
Enclosure
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ORDINANCE N0. DRAFT
AN ORDINANCE AMENDING CHAPTER 16, OIL AND GAS WELLS, OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND SHALL, UPON
CONVICTION, BE FINED IN ANY SUM NOT TO EXCEED $200.00; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY TAE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Chapter 16, "Oil And Gas Wells" of the Code of
Ordinances of the City of La Porte is hereby amended to read as
follows, to-wit:
SECTION 16-1: DEFINITIONS
For the purpose of this chapter, and for all .purposes under this
chapter, the following words and terms wherever and whenever used: or
appearing in this section shall have the scope and meaning
hereinafter defined and .set out in connection with each. All
technical or oil and gas industry words and phrases used herein and
not specifically defined herein shall have that meaning customarily
attributable thereto by prudent operators in the oil and gas
industry.
(1) Person shall. include both the singular and the plural; and
shall mean and include any person, individual, firm,
partnership, association, corporation, club, society,
cooperative, trust, municipal corporation, or political
subdivision whatsoever
(2) Well shall include and mean any hole or holes, bore or bores,
to any sand, any formation, strata or depth for the purpose of
producing and recovering any oil, or gas, salt water injection;
gas injection or enhanced recovery injection project.
(3) New Well Permittee shall mean the person to whom is issued a
permit for the drilling and operation of a new well under this
section, and his or its administrators, executors, heirs,
successors, and assigns.
(4) Old Well Permittee shall mean the person to whom is issued a
permit for the redrilling, working-over, recompletion, and
reoperation of an old or existing well under this section, and
his or its administrators, executors, heirs, successors, and
assigns.
(5) Permittee shall include both an "old well permittee" and a
"new well permittee".
(6) Lease as the term is used herein shall mean any tract of land
subject to an oil, gas, and mineral lease or other oil and gas
development contract, or any unit composed of several tracts
and leases but operated as one (1) lease, and any tract of land
in which the minerals are owned by an operator or someone
holding under it or him, but which, due to the fee royalty
ownership is developed and operated as a separate tract.
(7) Block as that term is used herein shall not be misconstrued to
mean drilling block, but block of land only.
(8) Actual Drilling shall have commenced when the drilling rig,
whose purpose it is to drill the bore hole into the production
horizon, first inserts the drill bit into the ground.
(9) Well Location shall be deemed to be the surface location of a
well.
REVISED: MAY 18, 1989
•
ORDINANCE N0.
SECTION 16-2: PERMITS
(1) New Well Permit
Page 2
It shall be unlawful and an offense for any person acting either for
himself or acting as agent, employee, or independent contractor for
any other person, to commence to drill, or to operate, any new well
within the city limits of the City of La Porte, Texas, or to work
upon or assist in any way in the development or operation of any
such new well, without a new well permit for the drilling and
operation of such new well having first been issued by the authority
of the City Council of the City of La Porte, Texas, in accordance
with the terms of this chapter.
(2) Old Well Permit
It shall be unlawful and an offense for any person acting either for
himself or acting as agent, employee or independent contractor for
any other person, to commence to deepen, to repair, or to recomplete
any well, old or existing, within the city limits of the City of La
Porte or to work upon or assist in any way in the development or
operation of any such well, without an old well permit having first
been issued by the proper authority of the City Council of the City
of La Porte in accordance with the terms of this Ordinance.
SECTION 16-3: STREETS AND ALLEYS
No well shall be drilled and no permit shall be issued for any well
to be drilled at any location which is within any of the streets or
alleys of the City of La Porte; and no street or alley shall be
blocked or incumbered or closed in any drilling or production
operation except by special permit by order of the City Council of
the City of La Porte, and then only temporarily.
SECTION 16-4: WELL LOCATION
(1)
Well Location - Subdivisions
No drilling for gas and oil wells in recorded subdivisions shall be
allowed. This subsection shall apply only to acreage which has been
subdivided into home sites the size of which are one (1) acre or
less and the plat thereof has been filed for record in the Office of
the County Clerk of Harris County, Texas.
(2) Well Location - Dwellings, Schools, Buildings, etc.
No well shall be 'drilled and no permit shall be issued for any well
to be drilled at any location which is nearer than seven hundred
fifty feet (750') of any residence or commercial building without
the applicant having first secured the written permission of the
owner or owners thereof. No well shall be drilled and no permit
shall be issued for any well to be drilled at any location which is
nearer than seven hundred fifty feet (750') of any school campus
within the La Porte Independent School District. No drilling and no
permit shall be issued to any well nearer than seven hundred fifty
feet (750') to city-owned buildings or water wells without written
permission from the City of La Porte, Texas.
SECTION 16-5: APPLICATION AND FILING FEE
Every application for a permit to drill and operate a well shall be
in writing, signed by the applicant, and duly filed with the City
Secretary of the City of La Porte, accompanied by a certified check
for one thousand dollars ($1,000.00) as a permit fee. The
application shall be for a single well and shall include full
information including the following:
•
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ORDINANCE N0. Page 3
(a) The date of said application.
(b) Name and address of applicant.
(c) Proposed site of the well, including:
(i) Name of the fee owner.
(ii) Name of the lease owner.
(iii) Legal description of the lease.
(iv) Map showing location of the well on the lease.
(d) Type of drilling rig to be used.
(e) The proposed depth of the well.
(f) A statement that it is understood and agreed that for any
legal action or undertaking, venue for all suits shall lie
in Harris County under any provision of this chapter.
SECTION 16-6:
ISSUANCE OR REFUSAL OF PERMIT
The City Council, within thirty (30) days after the filing of the
application for a permit to drill and operate a well, shall
determine whether or not said application complies in all respects
with the provisions of this chapter, and if it does, the City
Council shall then fix the amount of the principal of the bond and
insurance provided for in Section 16-8 herein, and after such
determination shall issue a permit for the drilling and operation of
the well applied for. Each permit issued under this chapter shall:
(1) By reference have incorporated therein all the .provisions of
this chapter with the same force and effect as if this chapter
were copied verbatim in said permit.
(2) Specify the well location with particularity to lot number,
block number, and correct legal description.
(3) Contain and specify that the term of such permit shall be for a
period of one hundred eighty (1.80) days from the date of the
permit and as long thereafter as the permittee is engaged in
drilling operations with no cessations of such operations for
more than ninety (90) days, or oil or gas is produced in
commercial quantities from the well drilled pursuant to such
permit, provided that if at any time after discovery of oil or
gas the production thereof in commercial quantities shall
cease, the term shall not terminate if the permittee commences
additional reworking operations within ninety (90) days
thereafter, and if they result in the production of oil or gas,
so long thereafter as oil or gas is produced from said well.
(4) Contain and specify such conditions as are authorized by this
chapter.
(5) Contain and specify that no actual operations shall be
commenced until the permittee shall file and have approved an
indemnity bond in the designated principal amount as so
determined by the City Council and conditioned as specified in
Section 16-8 hereof.
Said permit, in duplicate originals, shall be signed by the City
Manager of~the City of La Porte, and prior to delivery to the
permittee shall be signed by the permittee (with one (1) original to
be retained by the City and one (1) by the permittee); and when so
signed shall constitute the permittee's drilling and operating
license and the contractual obligation of the permittee to comply
with the terms of such permit, and such .bond, and this chapter.
If the permit for the well is refused, or if the applicant notifies
the City in writing that he does not elect to accept the permit as
tendered and wishes to withdraw his application, or if the bond of
the applicant is not approved and the applicant notifies the City
in writing that he wishes to withdraw his application, then upon the
happening of said events the cash deposit provided for to be filed
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ORDINANCE N0. Page 4
with the application shall be returned to the applicant, except that
there shall be retained therefrom by the City of La Porte, one
hundred dollars ($100.00) as a processing fee.
SECTION 16-7: TERMINATION OF PERMIT
The permit shall terminate without any action on the part of the
City unless actual drilling of the well shall have commenced within
one hundred eighty (180) days from the date of issuance. The
cessation for a like period of the drilling operations or the
cessation of the production of oil or gas from the well after
production shall have commenced, shall cancel the permit, and the
well shall be considered as abandoned for all purposes of this
Ordinance. It shall be unlawful thereafter to continue the
operation or drilling of such well without the issuance of another
permit.
SECTION 16-8:
PERMITTEE'S INSURANCE AND BOND
In the event a permit is issued by the City Council under the terms
of this chapter for the drilling and operation of a well, no actual
drilling operations or site preparation work shall be commenced
until the permittee shall file with the City Secretary of the City
of La Porte, a bond and a certificate of insurance, as follows:
(1) The bond shall be a cash bond in the principal sum of such
number of dollars as has been determined by the City Council of
the City of ~La Porte, but not to be less than five thousand
dollars ($5,000.00). Said cash bond shall be for the benefit
of the City and all persons concerned, conditioned that the
permittee will comply with the terms and conditions of this
chapter in the drilling and operation of the well. Said bond
shall become effective on or before the date the same is filed
with the City Secretary and remain in force and effect and on
deposit for at lease a period of six (6) months subsequent to
the expiration of the term of the permit issued, and in
addition the bond will be conditioned that the permittee will
promptly pay off fines, penalties, and other assessments
imposed upon permittee by reason of his breach of any of the
terms, provisions, and conditions of this chapter, and that the
permittee will promptly restore the streets and sidewalks and
other public property of the City, which may be disturbed or
damaged in the operations, to their former condition; and that
the permittee will promptly clear all premises of all litter,
trash, waste, and other substances used, allowed, or occurring
in the drilling or producing operations, and will, after
abandonment, grade, level, and restore said property to the
same surface condition, as nearly as possible, as existed when
operations for the drilling of the well or wells were first
commenced; and that the permittee will indemnify and hold the
City of La Porte harmless from any and all liability growing
out of or attributable to the granting of such permit,
including the payment of any expenses incurred by the City for
any legal action which may be filed by either party hereto by
reason of seeking or recovery of damages to the City as
aforesaid. If at any time, the City Council shall deem any
permittee's bond to be insufficient for any reason, it may
require the permittee to make an additional cash bond. If
after completion of a well, permittee has complied with all of
the provisions of this chapter, such as to removing derrick,
clearing premises, etc., he may apply to the City Council to
have said cash bond reduced to a sum of not less than one
thousand dollars ($1,000.00) for the remainder of the time said
well produces without reworking, and be given a refund of the
amount of reduction. During reworking operations, the amount
of the bond shall be increased to the original amount.
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ORDINANCE N0. Page 5
(2) In addition to the bond required in paragraph (1) of this
section, the permittee shall carry a policy or policies of
standard comprehensive public liability insurance, including
contractual liability covering bodily injuries and property
damage, naming the permittee and the City of La Porte, in an
insurance company authorized to do business within the State of
Texas, said policy or policies in the aggregate shall provide
for the following minimum coverages:
(a) Bodily injuries: $1,000,000.00 - one person
$3,000,000.00 - one accident
(b) Property damage: $1,000,000.00
(3) Permittee shall file with the City Secretary of the City of La
Porte, Texas, certificates of said insurance as above stated,
and shall obtain the written approval thereof by the City
Secretary of the City of La Porte, Texas, who shall act thereon
within ten (10) days from the date of such filing. Said .
insurance policy or policies shall not be cancelled without
written notice to the City Secretary of the City of La Porte at
least ten (10) days prior to the effective date of such
cancellation. In the event that said insurance policy or
policies are cancelled, the permit granted shall terminate, and
permittee's rights to operate under said permit shall cease
until permittee files additional insurance as provided herein.
SECTION 16-9: APPOINTMENT OF DIRECTOR OF COMMUNITY DEVELOPMENT AS
OIL AND GAS INSPECTOR
The City Council hereby appoints the Director of Community
Development of the City of La Porte to enforce the provisions of
this Chapter.
SECTION 16-10: DEEPER DRILLING
In the event the City is satisfied that said well may be deepened
with the same degree of safety as existed with the original well, a
permit may be issued, at the cost of One Thousand Dollars
($1,000.00), to the permittee, authorizing the deepening and
operation of the well to such specified depth as applied for. In any
deeper drilling or any deeper completion or any deeper production
operations, the permittee shall comply with all other provisions
contained in this chapter and applicable to the drilling,
completion, an operation of a well.
SECTION 16-11: DERRICK AND RIG
It shall be unlawful and an offense for any person to use or operate
in connection with the drilling or reworking of any well within the
City limits of La Porte, any wooden derrick, and all engines shall
be equipped with adequate mufflers approved by the City Council; or
to permit any drilling rig or derrick to remain on the premises or
drilling site for a period longer than sixty (60) days after
completion or abandonment of the well. At all times from the start
of erection of a derrick, mast, or gin-pole, until the well is
abandoned and plugged or completed as a producer and enclosed with a
fence as herein provided, the permittee shall keep a watchman on
duty on the premises at all times; provided, however, it shall not
be necessary to keep an extra watchman on duty on the premises when
other workmen of permittee are on said premises.
(1) No electric lighting generator shall be placed or remain nearer
than one hundred fifty feet (150') to any producing well or oil
tank.
(2) Any rubbish or debris which may constitute a fire hazard shall
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ORDINANCE N0. Page 6
be removed to a distance of at least one hundred feet (100')
from the vicinity of the wells, tanks and pump stations. All
waste shall be disposed of in such manner as to avoid creating
a fire hazard or polluting fresh water streams or underground
strata. All waste disposal plans shall be approved by the
Director of Community Development.
(3) No open flame or arc welding shall be allowed inside the
derrick substructure of a well prior to installation of the
well head.
(4) All temporary oil and gas flow lines laid upon or across a
public. road or highway must be buried to a
the depth required by permits issued under the Pipel ne
Ordinance No. of the City of La Porte, Texas.
(5) An electric powered rig shall be utilized when available.
SECTION 16-12: PITS
Either earthen or steel slush pits shall be permitted in connection
with the drilling operation. In the event a steel pit is used, said
pit and its contents shall be removed from the premises and the
drilling site within sixty (60) days after completion of the well.
In the event an earthen slush pit is used, same shall be filled and
leveled within sixty (60) days after completion of the well. All
drilling mud must be removed from the earthen pit prior to
backfilling.
SECTION 16-13: CASING
All casing, including surface protection and production strings,
shall be new seamless steel, or equivalent quality oil well casing.
Each joint and length of each particular casing string shall have
prior to setting, unconditionally passed a hydraulic test to insure
physical integrity at design working pressure
SECTION 16-14:
SETTING AND CEMENTING CASING
No well shall be drilled within the city limits of La Porte without
properly setting surface casing to a depth as approved by the Texas
Department of Water Resources. The surface casing must be driven or
cemented by the pump and plug method. All other casing strings must
be cemented by the pump and plug method with sufficient cement to
completely fill all of annular space behind the casing string to the
surface. No well shall be drilled within the city limits of La
Porte without properly setting surface casing a depth sufficient to
protect producing fresh water sands.
SECTION 16-15: VALVES AND BLOW-OUT PREVENTERS
No well shall be drilled within the city limits of La Porte without
equipping the intermediate protective casing with at least one (1)
master valve and one (1) fluid-operated ram type blow-out preventer
with mechanical operating back-up; and without properly equipping
the production casing during completion operations and workover
operations with at least one (1) master valve and at least one (1)
fluid-operated ram type blow-out preventer. Each blow-out preventer
shall test five thousand (5,000) pounds and its mechanical operation
shall be tested daily, and all control equipment shall be in good
working condition and order at all times.
SECTION 16-16: DRILLING FLUID
No well shall be drilled within the city limits of La Porte without
using mud as the drilling fluid after the setting of surface casing
as provided in Section 16-14 hereof. The weight of the mud laden
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ORDINANCE NO. Page 7
drilling fluid shall be at all times maintained at such weight as
will provide a hydrostatic head of not less than five hundred (500)
pounds per square inch in excess of the formation encountered by the
well. In reworking a well, a drilling fluid shall be at all times
maintained at such weight as will provide a hydrostatic head of not
less than five hundred (500) pounds per square inch in excess of the
pressure, of the formation penetrated by the well and open for
production.
SECTION 16-17: DRILL STEM TESTS
It shall be unlawful and an offense for any person in connection
with the drilling or reworking operations of any well within the
City limits of La Porte to take and to complete any drill stem test
or tests except during daylight hours and then only if the well
effluent during the test is produced through an adequate oil and gas
separator to storage tanks, and the effluent remaining in the drill
pipe at the time the tool is closed is flushed to the surface by
circulating drilling fluid down the annulus and up the drill pipe.
SECTION 16-18: BRADENHEAD
Each well drilled within the within the city limits of La Porte
shall be equipped with a bradenhead with a working pressure of not
less than three thousand (3,000) pounds per square inch.
Bradenheads shall be cast iron steel premanufactured and welded to
the well casing. The bradenhead installed on the surface casing
shall be set above ground level and shall be equipped with fittings
having a working pressure rating of not less than three thousand
(3,000) pounds per square inch. The bradenhead pressure shall be
checked at least once each calendar month and if pressure is found
to exist, proper .remedial measures shall be taken immediately to
eliminate the source and the existence of the pressure.
SECTION 16-19:
CHRISTMAS TREE AND WELL HEAD CONNECTIONS
The Christmas tree and all well head connections on each well
drilled within the city limits of La Porte shall have at least a
minimum working pressure of three thousand (3,000) pounds per square
inch, and on all wells completed below a depth of seven thousand
feet (7,000'), the Christmas tree and well head connections shall
have at least a minimum working pressure of three thousand (3,000)
pounds per square inch and a minimum test pressure of at least five
thousand (5,000) pounds per square inch. All piping and fittings
connecting the well head to an oil and gas separator shall have at
least the same working pressure as hereinabove specified for
Christmas tree and well head connections. All wells shall be
equipped with an automatic closing safety valve located adjacent to
the wing valve in addition to the regular control valves.
SECTION 16-20:
PREMISES TO BE KEPT CLEAN AND SANITARY
The premises shall be kept in a clean and sanitary condition, free
from rubbish of every character, to the satisfaction of the City of
La Porte, at all times drilling operations or reworking are being
conducted, and as long thereafter as oil and/or gas is being
produced therefrom. Any spill, oil, or salt water must be reported
immediately to the City and cleanup commenced promptly.
SECTION 16-21: MUFFLERS REQUIRED
Motive power for all operations after completion of drilling
operations shall be electricity or properly muffled gas, gasoline,
or diesel engines. Such mufflers are to be approved by the Chief
Building Official prior to their use.
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ORDINANCE N0.
SECTION 16-22:
STORAGE TANKS AND SEPARATORS
Page 8
It shall be unlawful and an offense for any person to use,
construct, or operate in connection with any producing well within
the City limits of La Porte, any crude oil well storage tanks except
to the extent of two (2) steel tanks for oil storage, not exceeding
five hundred (500) barrels capacity each and so constructed and
maintained as to be vapor tight with pressure release valves set
below tank design pressure and each surrounded with an~earthen fire
wall at such distance from the tank as will under any circumstances
hold and retain at least one and one-half (1 1/2) times the maximum
capacity of such tank. A permittee shall operate a conventional
steel separator, and such other steel tanks and appurtenances as are
necessary for separating oil and gas with each of such facilities to
be so constructed and maintained as to be vapor tight. Each oil gas
separator shall be equipped with both a regulation pressure relief
safety valve and a bursting head.
SECTION 16-23: FENCE
Any person who completes any well as a producer shall have the
obligation to enclose said well, together with its surface
facilities and storage tanks, by a substantial smooth net wire fence
sufficiently high and properly built so as to ordinarily keep
persons and animals out of the enclosure with all gates thereto to
be kept locked when the permittee or his employees are not within
the enclosure. It is provided, however, that in noncongested areas
the City at its discretion, may waive the requirement of any fence
or may designate the type of fence to be erected.
SECTION 16-24:
VENTING AND FLARING OF GAS
No person engaged in drilling or operating any well shall permit gas
to escape or be vented into the air unless said gas be flared. and
burned as permitted by the Railroad Commission of Texas.
SECTION 16-25:
ABANDONMENT AND PLUGGING
Whenever any well is abandoned it shall be the obligation of the
permittee and the operator of the well to plug the well in
accordance with regulations of the Texas Railroad Commission. No
surface or conductor string of casing may be pulled or removed from
a well. During initial abandonment operations it will be the
obligation of the permittee or the operator of the well to flood the
well with mud-laden fluid weighing not less than ten (10) pounds per
gallon or sufficient mud weight to yield a hydrostatic pressure five
hundred (500) pounds above maximum formation pressure encountered by
the well; and the well will be kept filled to the top with said mud-
laden fluid at all times; mud-laden fluid of the above
specifications will be left in the well bore below and between
cement plugs.
SECTION 16-26: DISPOSAL OF SALT WATER
Permittee shall make adequate provisions for the disposal of all
salt water or other impurities which he may bring to the surface,
and disposal to be made in such manner as to not contaminate the
underground water strata or to injure surface vegetation. The
disposal process shall be approved by the City of La Porte, Texas,
prior to disposal for the protection of public health, safety and
well being.
SECTION 16-27:
VIOLATION OF LAWS OR REGULATIONS
Any violation of the laws of the State of Texas or any rules,
regulations, or requirements of any state or federal regulatory body
having jurisdiction in reference to drilling, completing, equipping,
•
ORDINANCE N0. Page 9
operating, producing, maintaining, spacing or abandoning an oil or
gas well or related appurtenances, equipment, or facilities, or in
reference to fire walls, fire protection, blow-out protection,
safety protection, or convenience of persons or property, shall also
be a violation of this chapter and shall be punishable in accordance
with the provisions hereof.
GEOPHYSICAL MINERAL EXPLORATION AND TESTING REGULATIONS
SECTION 16-28: PERMITS
(1) Permit Required
No person, firm, or corporation shall use or discharge in any
manner, any explosive, including but not limited to, dynamite
and nitroglycerin, nor conduct any other method of geophysical
mineral testing by the use of vibrating machines, or otherwise
within the City without first having obtained a permit
therefor.
(2) Permit Requirements
Application for a permit hereunder shall be made with the City
Secretary. Such application shall contain the name of the
applicant, address of the applicant, the geophysical methods of
mineral exploration to be used, the purpose therefor, the
location and use with a map attached designating the points of
use. Such application shall be accompanied by a permit fee of
one thousand dollars ($1,000.00) for the first mile and one
thousand dollars ($1,000.00) per mile thereafter, pro-rated for
any portion less than a mile. On receipt of such application
by the City Secretary, the same shall be referred to the City
Manager for a report as to the compliance of such application
with the provisions of this chapter. Such report and the
application shall then be submitted to the City Council. No
permit shall be issued except by the approval of the City
Council.
(3) Insurance and Bond Requirements
On approval of the permit, but before issuance thereof, the
applicant shall provide the City Secretary with an insurance
certificate showing insurance coverage of the applicant for
general liability coverage in amounts not less than:
(a) Bodily injuries: $1,000,000 - per person
$3,000,000 - per accident
(b) Property damage: $1,000,000
Such insurance coverage shall be provided by a good and solvent
insurance company authorized to do business in the State of
Texas. In addition, the applicant shall provide a cash bond in
the amount of five thousand dollars ($5,000.00). Said cash
bond shall be for the benefit of the City and all persons
concerned, conditioned that the permittee will comply with the
terms and conditions of this chapter. Said bond shall become
effective on or before the date the same is filed with the City
Secretary and remain in force and effect and on deposit for at
lease a period of six (6) months after exploration ends.
(4) Duration of Permit
All permits issued hereunder shall expire sixty (60) days from
the date of issuance.
ORDINANCE N0.
(5)
Terms of Permit
•
Page 10
(a) Observe a 300' distance from any dwelling or water well.
(b) written agreement to cover any water well damage effective
for ninety (90) days after completion of work.
(c) Employ at least one (1) La Porte police officer (off duty)
to accompany the work crew while testing on City right-of-
way, and provide 24-hours notice to the Chief of Police.
(d) Obtain written permission from citizens to enter their
property..
SECTION 16-29: EXPLOSIVES
No explosives shall be used.
SECTION 16-30: NOTICE OF TIME AND PLACE OF USE OF TESTING METHODS
No geophysical method of mineral exploration shall be used under
this permit without the permittee having first on the date of such
proposed use, notified the City Secretary and City Manager of the
proposed time and location of the planned use. In the event the
City Secretary is not available, notice shall be given to the Chief
of Police in addition to the City Manager and if he is not
available, then to any police personnel of the City. No testing
shall be conducted on Sunday, nor between the hours of 8:00 p.m. and
6:00 a.m. local time. Notice shall also be given of the name of the
person in charge of the testing for the permittee for the day on
which notice is given. In addition, written notice of such testing
to the occupants of all dwellings located within two thousand feet
(2,000') of the test site at least twenty-four (24) hours prior to
the testing.
Section 2. That in the event any section, or part of section
or provision of this Ordinance be held invalid, unconstitutional, or
inoperative, this shall not affect the validity of the remaining
sections, or parts of sections of this Ordinance, but the remainder
of the Ordinance shall be given effect as if said invalid,
unconstitutional or inoperative section, or part of section or
provision, hand not been included. In the event any penalty, right
or remedy created or given in any section or part of this Ordinance
is held invalid, unconstitutional or inoperative, this shall not
affect the validity of any other penalty, right or remedy created or
given either in the whole Ordinance or in the Section thereof
containing such invalid, unconstitutional or inoperative part, and
if .any exception to or any limitation upon any general provision
herein contained shall be held to be unconstitutional or invalid,
the general provisions shall nevertheless stand effective and valid
as if the same had been enacted without such limitation or
exceptions.
•
ORDINANCE N0.
Page 11
Section 3: It shall be unlawful and an offense for any person
to violate or neglect to comply. with any provision hereof
irrespective of whether or not the verbiage of each subsection
hereof contains the specific language that such violation or neglect
is unlawful and is an offense. An person who shall violate any of
the provisions of this chapter, or any of the provisions of a
drilling and operating permit issued pursuant hereto, or any
condition of the bond filed by the permittee pursuant to this
section, or who shall neglect to comply with the terms hereof, shall
be deemed guilty of a misdemeanor and shall, on conviction thereof,
be fined in any sum not less than five dollars ($5.00) nor more than
two hundred dollars ($200.00); and the violation of each separate
provision of this section, and of said permit, and of said bond,
shall be considered a separate offense, and each day's violation of
each separate provision thereof shall be considered a separate
offense. In addition to the foregoing penalties, it is'further
provided that the City Council of the City of La Porte at any
regular or special session or meeting thereof, may, provided ten
(10) days' notice has been given to the permittee that revocation is
to be considered at such meeting, revoke or suspend any permit
issued under this chapter and under which drilling or producing.
operations are being conducted in the event the permittee thereof
has violated any provision of said permit, said bond, or this
chapter. In the event the permit be revoked, the permittee may make
application to the City Council of the City of La Porte for a
reissuance of such permit, and the action of the City Council
thereon shall be final.
Section 4. 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
. ~ ~,- i •
ORDINANCE N0. Page 12
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. This Ordinance shall be effective from and after
its passage and approval, and publication of its caption, as
requireed by law, and it is so ordered.
PASSED AND APPROVED, this day of
CITY OF LA PORTE
. 1989.
BY
Norman L. Malone, Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney
•
July 24, 1989
Honorable Mayor and City Council
City of La Porte
City Hall
La Porte, Texas
Dear Lady and Gentlemen:
•
I hereby submit my resignation as Councilperson-at-Large--Position
B, City of La Porte, to be effective July 25, 1989.
Yours very truly,
i ~~"~
Mike Shipp
~ ~
ASKINS S, ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P. O. BOX 1216
LA PORTE, TEXAS 775'72-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
July 20, .1989
The Honorable Mayor and
City Council
City of La Porte
City Hall
La Porte, Texas
Dear Lady and Gentlemen:
TELEPHONE 713 471 1686
TELECOPIER 713 471 2047
In connection with the resignation of Mike Shipp as Councilperson-
at-Large--Position B, I have prepared and enclose for the agenda
package, a form of ordinance calling a special election.
The Texas Secretary of State, in Election Law Opimion MAM-1,
requested by the City of La Porte in .1984, ruled that the City of La
Porte, which has three year terms of_ office for its councilpersons
and mayor, is not bound by the State Uniform Election Law on special
elections. Thus, the City Council need not wait. for the next
uniform election date, which would be in November.
Section 201.051, Texas Election Code, provides that a special
election to fill a vacancy in office shall be ordered as soon as
practical after the vacancy occurs.
The earliest practical election date is September 9, 1989.
Section 201.055, Texas Election Code, provides that the filing
deadline for a special election is shortened from 45 days before the
election, to 31 days before the election, if the election day is on
or after the 36th day after the date the election is ordered. Thus,
the filing deadline would be Wednesday, August 9, 1989, for a
September 9, 1989 election. The runoff election, if necessary,
would be September 30, 1989.
Yours very truly '
(~/
Knox W. Askins
City Attorney
-City of La Porte
KWA:sw
Enclosure
• ORDINANCE NO. 1657
AN ORDINANCE CALLING A SPECIAL ELECTION OF THE CITY OF LA PORTE;
TO FILL THE VACANCY IN THE OFFICE OF COUNCILPERSON-AT-LARGE--
POSITION B; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING
ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF
VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD
AND DATES OF ABSENTEE VOTING; PROVIDING FOR AN ABSENTEE BALLOT
BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION;
PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES
FOR CANDIDATES; PROVIDING A SAVINGS 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. The City Council of the City of La Porte accepts
the resignation of Mike Shipp as Councilperson-at-Large--Position B,
such resignation to be effective July 25, 1989.
An election shall be held within the corporate limits of the
City of La Porte, Texas, on the 9th day of September, 1989, such day
being the second Saturday in September, 1989, between seven o'clock
(7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of
filling the vacancy of Councilperson-at-Large--Position B.
A run-off election, if necessary, shall be held on September
30, 1989, between the same hours.
Section 2. Said election shall be held at each of the
following voting places within said City, and the following named
persons are hereby appointed as officers of said election, to-wit:
Election Precinct # 1
Polling Place: Lomax Elementary School
10615 North Avenue "L"
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the Southern Pacific Railroad
tracks and Spencer Highway (West Main Street);
THENCE westerly along Spencer Highway (West Main Street) to
Big Island Slough;
THENCE north to north boundary of Creekmont Subdivision;
THENCE west along north boundary of Creekmont Subdivision to
Underwood Road;
THENCE north along Underwood Road to the Southern Pacific
Railroad tracks;
THENCE southeasterly along the Southern Pacific Railroad
tracks, following a curve to the South, and continuing in a
Southerly direction along the Southern Pacific Railroad to
Spencer Highway (West Main Street).
Election Officials:
Presiding Judge
Alternate Presiding Judge
• •
ORDINANCE N0. 1657
Election Precinct # 2
Polling Place: Baker School Cafetorium
West Main Street and Underwood Road
La Porte, Texas 77571
Boundaries:
Page 2
BEGINNING at the intersection of Willmont Street and Fairmont
Parkway;
THENCE west along Fairmont Parkway to the east boundary line of
San Jacinto College;
THENCE north along the east boundary line of San Jacinto
College to Spencer Highway (West Main Street);
THENCE east along Spencer Highway (West Main Street) to
Underwood Road;
THENCE north along Underwood Road to the north boundary of
Creekmont Subdivision;
THENCE east along the north boundary of Creekmont Subdivision
to Big Island Slough;
THENCE south along Big Island Slough'to Spencer Highway (West
Main Street).
THENCE west along Spencer Highway (West Main Street) to Myrtle
Creek Drive;
THENCE south along Myrtle Creek Drive to Cedarmont Drive;
THENCE southerly along Cedarmont Drive to Willmont Drive;
THENCE southerly along Willmont Drive to Fairmont Parkway
Election Officials:
Presiding Judge
Alternate Presiding Judge
Election Precinct # 3
Polling Place: Rizzuto Elementary School
3201 Farrington Boulevard
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the Exxon Pipeline Easement
and Fairmont Parkway;
THENCE west along Fairmont Parkway to Willmont Road;
THENCE northerly along Willmont Road to Cedarmont Drive;
THENCE northerly along Cedarmont Drive to Myrtle Creek Drive;
THENCE northerly along Myrtle Creek Drive to Spencer Highway
(West Main Street);
THENCE east along Spencer Highway (West Main Street) to Exxon
Pipeline Easement;
•
ORDINANCE N0. 1657
Page 3
THENCE southerly along Exxon Pipeline Easement to Fairmont
Parkway.
Election Officials:
Presiding Judge
Alternate Presiding Judge
Election Precinct # 4
Polling Place: Dewalt Special Services Center
Madison and North 6th Street
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of North Broadway Street and the
Southern Pacific Railroad tracks;
THENCE south along North Broadway Street to West "A" Street;
THENCE west along West "A" Street to the Southern Pacific
Railroad tracks;
THENCE north along the Southern Pacific Railroad tracks,
following a curve to the east of said railroad tracks;
THENCE easterly along the Southern Pacific Railroad tracks to
North Broadway Street.
Election Officials:
Presiding Judge
Alternate Presiding Judge
Election Precinct # 5
Polling Place: La Porte Senior High School
301 East Fairmont Parkway
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the Harbour's Cut Boulevard
and North Broadway Street;
THENCE south along Broadway Street to the south City Limit
line;
THENCE east along the south City Limit line to the shoreline of
Galveston Bay;
THENCE northerly along the shoreline of Galveston Bay to
Donaldson Avenue;
THENCE northwesterly along Donaldson Avenue to Harbour's Cut
Boulevard;
THENCE west along Harbour's Cut Boulevard to North Broadway;
and
The former Bayshore Municipal Utility District, to-wit:
•
ORDINANCE N0. 1657
TRACT I
Page 4
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 approximately 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"
R.V. Whiteside 62.512 acre
said Shore Acres Addition,
less, to a point for corner
the G.H. & S.A. Railroad,
corner of said Shore Acres
said R.V. Whiteside 62.512
West, along the South line of said
tract, same being the North line of
a distance of 5,516 feet, more or
in the East right-of-way line of
such point being the Northwest
addition and the Southwest corner of
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 intersec-
tion 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.
C~
ORDINANCE N0. 1657
TRACT 2
Page 5
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.
Election Officials:
Presiding Judge
Alternate Presiding Judge
Election Precinct # 6
Polling Place: La Porte City Hall
604 West Fairmont Parkway
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of West "A" Street and South
Broadway;
THENCE south along South Broadway Street to McCabe Road;
THENCE west along McCabe Road to the Southern Pacific Railroad
tracks;
THENCE north along the Southern Pacific Railroad tracks to
Fairmont Parkway;
THENCE west along Fairmont Parkway to Exxon Pipeline Easement;
THENCE north along Exxon Pipeline Easement to Spencer Highway
(West Main Street);
THENCE east along Spencer Highway (West Main Street) to
Southern Pacific Railroad tracks;
•
ORDINANCE N0. 1657
Page 6
THENCE south along Southern Pacific Railroad tracks to West "A"
Street;
THENCE east along West "A" Street to South Broadway.
Election Officials:
Presiding Judge
Alternate Presiding Judge
Absentee Polling Place: La Porte City Hall
604 West Fairmont Parkway
La Porte, Texas 77571
Section 3. Voting at said election, including absentee voting,
shall be by the use of voting machines, and the ballots of said
election shall conform to the Texas Election Code, as amended.
Section 4. An Absentee Ballot Board is hereby created to
process Absentee Voting results for the election and the runoff
election, if necessary.
is appointed
Presiding Judge of the Absentee Ballot Board. At least two (2)
other members of the Absentee Ballot Board shall be appointed by the
Presiding Judge, in tk~e same manner as the precinct election clerks.
Absentee voting by personal appearance shall begin on the 20th
day and shall continue through the 4th day preceding the day of
election. Except as authorized herein, the clerk shall not permit
anyone to vote absentee by personal appearance on any day which is
not a regular working day for the clerk's office, and under no
circumstances shall he permit anyone to vote absentee by personal
appearance at any time when his office is not open to the public.
Absentee voting by mail shall begin on the 20th day preceding
the date of the election and shall continue until ten o'clock
(10:00) A.M. on the second day preceding election day.
Absentee voting shall be conducted by a clerk for absentee
voting, namely,
and the place at which
the absentee voting shall 'be conducted is designated as 'the La Porte
City Hall, 604 West Fairmont Parkway, La Porte, Texas, to which
address ballot applications and ballots voted by mail may be mailed.
Said clerk shall keep said office open for absentee voting during
his regular working hours and in any event for at least eight (8)
~ ~
ORDINANCE N0. 1657 Page 7
hours on each day which is not a Saturday, a Sunday, or an official
State holiday.
Section 5. The Council Conference Room of the La Porte City
Hall is hereby designated as the Central Counting Station to receive
all ballots cast at said election, and Cherie Black is hereby
appointed the Presiding Judge for said Central Counting Station.
Said Judge shall appoint any clerks necessary to assist in receiving
ballots and other records and in performing the other duties of said
Judge in this regard. The City Manager is hereby authorized and
directed to obtain, or cause to be obtained, the necessary
electronic tabulating equipment, to arrange for the testing thereof
as provided by law and to employ a duly qualified manager and a duly
qualified tabulation supervisor to perform the duties respectively
imposed on them by law with respect to the processing and tabulation
of ballots at the Central Counting Station.
Section 6. That all election materials including notice of the
election, ballots, instruction cards, affidavits and other forms
which voters may be required to sign and all absentee voting
materials shall be printed in both English and Spanish, or Spanish
translations thereof shall be made available in the circumstances
permitted and in the manner required by law.
Section 7. The City Secretary of the City of La Porte shall
forthwith issue Notice of said election by causing a substantial
copy of. this Ordinance to be published one time in the BAYSHORE SUN,
which is hereby found and declared to be a newspaper of general
circulation in said City, not less than ten (10) days nor more than
thirty (30) days prior to the date of the said election.
Section 8. Upon a candidate tendering his application on the
form prescribed, the City Secretary shall furnish to such candidate
all information relative to the qualifications for the office being
sought; the method of placing the candidate's name on the ballot;
the amount of the required filing fee; and any other pertinent
information concerning said election.
Section 9. Each candidate for the office of Councilperson must
~ ~
ORDINANCE NO. 1657
be a resident elector of the City.
Page 8
Each candidate for the office of
District Councilperson must also be a resident of the district for
which he files.
Section 10. The deadline for a candidate to make application
to have his name appear upon the ballot for such election, is hereby
designated and established as 5:00 o'clock P.M., Wednesday, August
9, 1989. No application shall be accepted for filing prior to
July 26, 1989. The filing fee for each candidate for the office
of Councilperson is hereby established as Fifty Dollars ($50.00).
The filing fees shall be used to defray the cost of the election,
and said fees shall be prorated and any surplus shall be refunded to
said candidates. As an alternative to paying a filing fee, a
candidate may obtain a place on the ballot by filing a petition as
provided for in City of La Porte Home Rule Charter, Article 2.04
c.3.
Section 11. Said election shall be held in accordance with the
provisions of the City Charter of the City of La Porte, and the
general election laws of the State of Texas governing general and
municipal elections, so far as same may be applicable thereto.
Section 12.
Immediately after said election, the officers
holding the same shall make and deliver the returns of the results
thereof and the accompanying records for use in the official canvass
to the City Council of the City of La Porte, and the City Council
shall canvass said returns at the earliest practicable time, and
shall, immediately after canvassing the returns, declare the results
of the election. The Mayor shall immediately thereafter deliver to
the candidate for whom the majority of votes has been polled for
each respective office, a certificate of election. Such elected
officials shall assume their duties within ten (10) days thereafter,
Sundays, excluded, upon their taking the oath of office.
Section 13.
Each and every provision, paragraph, sentence and
clause of this Ordinance has been separately considered and passed
by the City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other
• •
ORDINANCE N0. 1657
Page 9
provision, and if any provision hereof shall be ineffective, invalid
or unconstitutional, for any cause, it shall not impair or affect
the remaining portion, or any part thereof, but the valid portion
shall be in force just as if it had been passed alone.
Section 14. This Ordinance shall be in effect immediately upon
its passage and approval.
Section 15. 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.
PASSED AND APPROVED this the 24th day of July, 1989.
CITY OF LA PORTE
BY
Norman Malone, Mayor
ATTEST:
Cherie Black, City Secretary
APPROVED:
Knox W. Askins, City Attorney