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Home My WebLink About1990-03-26 Regular Meeting~ 1 MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL MARCH 26, 1990 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, Alton Porter, Deotis Gay, B. Don Skelton, Jerry Clarke Members of City Council Absent: None Members of City Staff Present: Assistant City Manager John Joerns, City Attorney Knox Askins, City Secretary Cherie Black, Assistant to the City Manager Janie Bais, Finance Officer Linda Waugh, Police Chief Charles Smith, Director of Public Works Steve Gillett, Fire Chief Joe Sease, Director of Parks and Recreation Stan Sherwood, Purchasing Manager/Human Resources Manager Louis Rigby, Director of Community Development Joel Albrecht, Golf Course Manager/Professional Alex Osmond, Revenue Collections Supervisor Marilyn Fillip, Golf Course Superintendent Dennis Hlavaty Others Present: Eugene Abbot, Abbott Development Company; John Black, Bayshore Sun; 23 citizens 2. The invocation was given by Councilperson Clarke. 3. Council considered approving the minutes of the public hearing and regular meeting of Council held March 12, 1990. Motion was made by Councilperson Skelton to approve the March 12 minutes as presented. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 4. Mr. Eugene Abbott addressed Council regarding utility service outside city limits in Deer Park. After his presentation, Councilperson Clarke requested that this item be put on the agenda for the next Council meeting. It was decided that the item would be a workshop item, and put on the regular agenda for consideration by Council. The following citizens addressed Council regarding the proposed smoking ordinance: Jolene Wickel, Kathy Emrick, Jan Emrick and Della Lorfing. A Minutes, Regular Meeting, La Porte City Council March 26, 1990, Page 2 At this time, Council adjourned into executive session at 6:23 P.M. to address the following: (1) Legal - Meet with attorney to discuss BayMUD Mobile Home litigation; (2) Legal - Meet with attorney to receive a report regarding Houston Chemical Services, Inc./Southern Ionics, Inc.; (3) Personnel - Meet with Attorney regarding Worker's Compensation claim. Council returned to the table at 7:05 P.M. 5. Council considered an ordinance closing portions of Tyler Street, Madison Street, Iowa Street, and alleys in Blocks 416, 417, 418, 419, 434 and 435. The City Attorney read: ORDINANCE 1693 - AN ORDINANCE VACATING, ABANDONING AND CLOSING PORTIONS OF TYLER STREET, MADISON STREET, IOWA STREET, AND THE ALLEYS IN BLOCKS 416, 417, 418, 419, 434 AND 435, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; ABANDONING CERTAIN PUBLIC UTILITY EASEMENTS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING CERTAIN CONDITIONS PRECEDENT TO THE EFFECTIVE DATE HEREOF. Motion was made by Councilperson Skelton to adopt Ordinance 1693 as read by the City Attorney. Second by Councilperson McLaughlin. The City Attorney read the caption for Ordinance 1694, which was item 6 on the agenda, as follows: ORDINANCE 1694 - AN ORDINANCE VACATING, ABANDONING AND CLOSING PORTIONS OF TYLER STREET, MADISON STREET, KANSAS STREET, UTAH STREET, AND THE ALLEYS IN BLOCKS 432 AND 433, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; ABANDONING CERTAIN PUBLIC UTILITY EASEMENTS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING CERTAIN CONDITIONS PRECEDENT TO THE EFFECTIVE DATE HEREOF. Councilperson Skelton amended his motion to include the adoption of Ordinances 1693 and 1694. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 6. See item 5. 7. Council considered an ordinance prohibiting smoking in public places except in designated smoking areas. The City Attorney read: ORDINANCE 1695 - AN ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES EXCEPT IN DESIGNATED SMOKING AREAS; MAKING FINDINGS OF FACT; DECLARING SMOKING TO BE A PUBLIC NUISANCE; DECLARING THAT A PERSON COMMITS AN OFFENSE IF THE PERSON SMOKES AT A PUBLIC MEETING OR ANY PUBLIC • ~ Minutes, Regular Meeting, La Porte City Council March 26, 1990, Page 3 PLACE AND THE PERSON IS NOT IN A DESIGNATED SMOKING AREA, AND PROVIDING THAT SUCH OFFENSE IS A MISDEMEANOR; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING ANY PROVISION OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE PUNISHED BY A FINE OF NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv__Councilperson Porter to adoAt Ordinance 1695 as read by the City Attorney. Second by Councilperson Matuszak. The motion carried, 5 ayes and 4 nays. Ayes: Councilpersons Matuszak, McLaughlin, Porter, Skelton and Mayor Malone Nays: Councilpersons Waters, Cooper, Gay and Clarke 8. Council considered approving a resolution requesting release of funds from escrow to pay for former College View MUD share of Northwest La Porte Water Project. Motion was made by Councilperson Waters to approve Resolution 90-3. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 9. Council considered approving a request to amend the EMS Division budget. Motion was made by Councilperson Cooper to approve the rectuest to amend the EMS Division budget in the amount of $20,000. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 10. Council considered approving refunds to Dale E. Kelly and Grady K. Strum for overpayment of taxes in excess of $500.00. Motion was made by Councilperson Skelton to annrove the tax refunds to Dale E. Kelly and Grady K. Strum. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Minutes, Regular Meeting, La Porte City Council March 26, 1990, Page 4 Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 11. Council considered approving purchase of cutting reels with turf groomers and grass catchers from Watson Distributing Company as sole source vendor. Motion was made by Councilperson Clarke to approve the purchase from Watson Distributing Companv in the amount of $5,747.00. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 12. Council considered awarding a bid for vinyl inner tubes. Motion was made by Councilperson Waters to award the bid for item 1 to Sevylor USA in the amount of $2.685.00; the bid for item 2 to Talbert and Associates in the amount of 51.200; and to reject the bid for item 3. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 13. There were no administrative reports. 14. Council Action - Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. 15. Council adjourned into executive session at 8:17 P.M. to address items not covered in the first executive session. The items were as follows: (1) Legal - Meet with City Attorney regarding possible litigation concerning unauthorized use of public right-of-way; (2) Personnel - Receive briefing from City Attorney on proposed drug testing policies. Council returned to the table at 9:45 P.M. 16. There being no further business to come before the Council, the meeting duly adjourned at 9:47 P.M. Respectfully submitted: C:7~~ ~~~G~~ Cherie Black, City Secretary ~ r Minutes, Regular Meeting, La Porte City Council March 26, 1990, Page 5 Passed & Approved this the 9th ay of April, 1990 N an L. Malone, Mayor ~-q;i ~: '~4 a .,~ ;~ +~~ii :. `,'~~ • /n arm! ~~, fin, qC • MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING LA PORTE CITY COUNCIL MARCH 12, 1990 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, Alton Porter, B. Don Skelton, Jerry Clarke Members of City Council Absent: Councilperson Deotis Gay 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, Police Chief Charles Smith, Director of Parks and Recreation Stan Sherwood, Director of Public Works Steve Gillett, Director of Community Development Joel Albrecht, Purchasing Manager/Human Resources Manager Louis Rigby, Chief Building Inspector Ervin Griffith, Inspector Mark Lewis, Finance Director Jeff Litchfield Others Present: Libby Brown, LPISD; representatives of John Wayne Chapter of DeMolay; Raynell Martinez; John Black, Bayshore Sun; 18 citizens 2. The invocation was given by City Attorney Askins. 3. Council considered approving the minutes of the regular meeting of Council held February 26, 1990. Motion was made by Councilperson Waters to approve the minutes o_f February 26 as presented. Second by Councilperson Porter. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 4. The Mayor proclaimed National Poison Prevention Week, International DeMolay Week, Youth Art Month, and Lions Day with the United Nations. 5. The Mayor called the public hearing on dangerous buildings to order. A list of the buildings and reasons they were considered to be dangerous was given by Inspector Mark Lewis. The Mayor asked for public input as each building was listed. Mr. Joseph Board spoke regarding the building located on lots 31 and 32, Block 85, and asked that he be given time to remove the contents of the building before it was demolished. • Minutes, Public Hearing and Regular Meeting La Porte City Council March 12, 1990, Page 2 Mrs. Betty Rouse addressed Council regarding the building located on lots 28-32, Block 31, and asked that she be allowed to refurbish the house. She stated that she has not yet gotten estimates on plumbing and electrical repairs. There being no further input, the Mayor declared the public hearing closed. 6. There were no citizens wishing to address Council. 7. Council considered an ordinance declaring the building located on lots 3-8 and the adjacent 18.25 feet of lots 25-31, Block 1336, to be a nuisance. The City Attorney read: ORDINANCE 1679 - AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT 3-8; ADJACENT 18.25 FEET OF LOTS 25-31 AND ALLEY, BLOCK 1336, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT KARL L. SPRINGER IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Motion was made by Councilperson Waters to adopt Ordinance 1679 as read by the City Attorney. Second by Councilperson McLaughlin. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 8. Council considered an ordinance declaring the building located on lots 30-32, block 1438, to be a nuisance. The City Attorney read ORDINANCE 1780, giving the legal description as LOTS 30-32, BLOCK 1438 and the owner of record as DONALD F. FORD. Motion was made by Councilperson Waters to adopt Ordinance 1780 as read by the City Attorney. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. ~i ',.: ;,; ,a .,, ~,: `~'i'~ I" 7 i 'I '~ ;,, ~ff '1 ~~ 1 ?i i ~~, ;~,~. i; i ~~ -;f , ;' r '', ,'i GS s;4~ >~~~:~4 Minutes, Public Hearing and Regular Meeting La Porte City Council March 12, 1990, Page 3 Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 9. Council considered an ordinance declaring the building located on lots 31-32, block 85, to be a nuisance. The City Attorney read ORDINANCE 1681, giving the legal description as LOTS 31-32, BLOCK 85 and the owner of record as JOSEPH D. BOARD. Motion was made by Councilperson Waters to adopt Ordinance 1681 as read by the City Attorney, and that the Inspection Department work with Mr. Board to allow him to remove the contents of the buildingbefore it is demolished. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 10. Council considered and ordinance declaring the building located on lots 29-32, block 327, to be a nuisance. The City Attorney read ORDINANCE 1682, giving the legal description as LOTS 29-32, BLOCK 327 and the owner of record as THE CLAUDELL E. SCOTT ESTATE. Motion was made by Councilperson McLaughlin to adopt Ordinance 1682 as read by the City Attorney. Second by Councilperson Matuszak. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 11. Council considered an ordinance declaring the building located on lots 9-10, block 84, to be a nuisance. The City Attorney read ORDINANCE 1683, giving the legal description as LOTS 9-10, BLOCK 84 and the owner of record as FREDRICK G. ADAMS, SR. Motion was made by Councilperson Waters to adopt Ordinance 1683 as read by the City Attorney. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. _, ;_;~ ;~ ,~ .`'k ,P '.. Y. . i f ~. ~~ Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None • Minutes, Public Hearing La Porte City Council March 12, 1990, Page 4 and Regular Meeting • 12. Council considered an ordinance declaring the building located on lots 28-32, block 31, to be a nuisance. The City Attorney read ORDINANCE 1684, giving the legal description as LOTS 28-32, BLOCK 31 and the owner of record as A. J. AND BETTY ROUSE. Motion was made by Councilperson Skelton to table this ordinance for 30 days. Second by Councilperson Cooper. The motion carried, 6 ayes and 2 nays. Ayes: Councilpersons Waters, Cooper, McLaughlin, Skelton, Clarke and Mayor Malone Nays: Councilpersons Matuszak and Porter 13. Council considered an ordinance declaring the building located on lots 25-28, block 79, to be a nuisance. The City Attorney read ORDINANCE 1684, giving the legal description as LOTS 25-28, BLOCK 79 and the owner of record as SHIRLEY GAY WALKER. Motion was made by Councilperson Clarke to adopt Ordinance 1684 as read by the City Attorney. Second by Councilperson Porter. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 14. Council considered an ordinance declaring the building located on lots 3 and 4, block 89, to be a nuisance. The City Attorney read ORDINANCE 1685, giving the legal description as LOTS 3 AND 4, BLOCK 89 and the owner of record as LUCILLE YOUNG. Motion was made by Councilperson Waters to adopt Ordinance 1685 as read by the City Attorney. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 15. Council considered an ordinance declaring the building located on lots 9-12, block 79, to be a nuisance. _ ~ ., ~, {1 ~~il S ~~ L :~ ii ~~ ~ '~ ti i'~ ``,~ ~-.;~ • Minutes, Public Hearing La Porte City Council March 12, 1990, Page 5 and Regular Meeting The City Attorney read ORDINANCE 1686, giving the legal description as LOTS 9-12, BLOCK 79, and the owner of record as ELIZABETH V. WEEMS. Motion was made by Councilperson Waters to adopt Ordinance 1686 as read by the City Attorney. Second by Councilperson McLaughlin. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 16. Council considered an ordinance declaring the building located on lots 19-20, block 96, to be a nuisance. The City Attorney read ORDINANCE 1687, giving the legal description as LOTS 19-20, BLOCK 96, and the owner of record as JULIAN L. AND MANUELA MEDINA. Motion was made by Councilperson Waters to adopt Ordinance 1687 as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 17. Council considered an ordinance declaring the building located on lot 20, block 10, Sylvan Beach First Addition, to be a nuisance (house #1). The City Attorney read ORDINANCE 1688, giving the legal description as LOT 20, BLOCK 10, SYLVAN BEACH FIRST ADDITION (HOUSE #1) and the owner of record as WYNDHAM RAY RHODEN. Motion was made by Councilperson Skelton to adopt Ordinance 1688 as read by the City Attorney. Second by Councilperson Porter. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None ~~ w ~, 18. Council considered an ordinance declaring the building located on lot 20, block 10, Sylvan Beach First Addition, to be a nuisance (house #2). • Public Hearing and Regular Meeting La Porte City Council March 12, 1990, Page 6 The City Attorney read ORDINANCE 1689, giving the legal description as LOT 20, BLOCK 10, SYLVAN BEACH FIRST ADDITION, (HOUSE #2), and the owner of record to be WYNDHAM RAY RHODEN. Motion was made by Councilperson Skelton to adopt Ordinance 1689 as read by the City Attorney. Second by Councilperson Waters. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 19. Council considered an ordinance declaring the building located on lot 5-C, Shady Oaks Subdivision, to be a nuisance. The City Attorney read ORDINANCE 1690, giving the legal description as LOT 5-C, SHADY OAKS SUBDIVISION, and the owner of record as JERRY AND CONNIE ROMERO. Motion was made by Councilperson Waters to adopt Ordinance 1690 as read by the City Attorney. Second by Councilperson Skelton. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 20. Council considered an ordinance closing streets and alleys for International Cargo Network (ICN). The City Attorney read: ORDINANCE 1691 - AN ORDINANCE VACATING, ABANDONING AND CLOSING PORTIONS OF TYLER STREET, MADISON STREET, IOWA STREET, KANSAS STREET, UTAH STREET, AND THE ALLEYS IN BLOCKS 416, 417, 418, 419, 432, 433, 434 AND 4 3 5 , IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS ; ABANDONING CERTAIN PUBLIC UTILITY EASEMENTS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING CERTAIN CONDITIONS PRECEDENT TO THE EFFECTIVE DATE HEREOF. Mr. Askins pointed out four conditions set out in the ordinance that would have to be met by ICN before the ordinance would be in effect. Motion was made by Councilperson Skelton to adopt Ordinance 1691 as read by the City Attorney. Second by Councilperson Porter. During discussion, Scott Brinks, representing ICN, stated that the closing date of April 16, 1990 for purchase of the Minutes, Public Hearing La Porte City Council March 12, 1990, Page 7 and Regular Meeting property, because Southern Pacific is requiring that ICN indemnify them for any environmental hazard on the property, even while they have owned it. ICN cannot do that until their environmental study is complete, and they may not have the document in time to make the April 16 date. Motion was made by Councilperson McLaughlin to table Ordinance 1691. The motion died for lack of a second. Motion was made by Councilperson Waters to amend Ordinance 1691, Section 3, paragraph 2, by putting a period after the word "herein" and removing the rest of the paragraph. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 21. Council received a report from the City Manager regarding purchase of the bowling alley building located on Broadway Street. Chief Building Inspector Ervin Griffith reported on the inspection of the physical condition of the building that had been conducted and the estimated costs involved to repair it. Motion was made by Councilperson Porter to direct the City Manager and the City Attorney to pursue purchase of the bowling alley building. Second by Councilperson McLaughlin. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 22. Council considered approving a contract with KPMG Peat Marwick for annual audit. Motion was made by Councilperson Clarke to approve the contract with KPMG Peat Marwick. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None r1 LI Minutes, Public Hearing La Porte City Council March 12, 1990, Page 8 and Regular Meeting 23. Council considered approving a utility extension across Underwood Road to serve a 9.26 acre tract of land in Deer Park, Texas. Motion was made by Councilt~erson Porter to approve the utility extension across Underwood Road. Second by Councilperson Matuszak. During discussion, it was brought out that several businesses in the location involved had tied into the existing four-inch sewer line without permission from the city. This has caused an overload on the existing line. Another business wishes to tie in to the overloaded line. A six-inch line would alleviate the problem. Several Councilpersons felt that since there are citizens in La Porte who still do not have sewer service, and since the businesses are located in Deer Park, the problem needs to be addressed by Deer Park. Councilperson Matuszak withdrew his second to the motion to approve. and Councilperson Porter withdrew his motion. Motion was made by Councilperson McLaughlin to deny the utility extension across Underwood Road. Second by Councilperson Skelton. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 24. Council considered approving a refund payment to Alpha Chemical, Inc., for overpayment of taxes. Motion was made by Councilperson Skelton to approve the refund to Alpha Chemical. Second by Councilperson Cooper. The motion carried, 7 ayes and 0 nays (Councilperson Porter was away from the table). Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Skelton, Clarke and Mayor Malone Nays: None 25. Council considered approving a professional engineering services agreement for design of a 12-inch water line on Spencer Highway. Motion was made by Councilperson Waters to award the professional services agreement for design of a 12-inch water line on Spencer Highway to H. Carlos Smith, in an amount not to exceed $26,200. Second by Councilperson Skelton. The Minutes, Public Hearing La Porte City Council March 12, 1990, Page 9 and Regular Meeting • motion carried, 6 ayes and 0 nays (Councilpersons McLaughlin and Porter were away from the table). „f~ ,;~, '7'~°aiil ;~~a ,;~n~t~ a:L1H'idtll ,~~'l~I it L~'yE ~q ~'~rli +' ~~ u FI~Ji ~~~~~I ,~ ~~„ ~~~~~i ,~~~~~ ~,e~u YfVG~q ::kPR.It9llq ~•~i~n Ei 9', ~6~ _ =:a:~~ ::Fr~S P01V ,:., 6~i ._.,.,~ ~c~ au -,fir; ~, ~x t4 :iii :" Y 1~ {~ r~ (1Y, ~~~~!' ~~-~¢ Ayes: Councilpersons Waters, Cooper, Matuszak, Skelton, Clarke and Mayor Malone Nays: None 26. Council considered a consent agenda, as follows: (A) Consider awarding a bid for water and sewer supplies; (B) Consider awarding a bid for trailer mounted sewer cleaner. Motion was made by Councilperson Cooper to approve the consent agenda as presented. Second by Councilperson Waters. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 27. Administrative Reports Jeff Litchfield presented a report on the Utility Billing Software System, and gave the time table for its implementation. City Manager Bob Herrera announced there would be a workshop on the proposed smoking ordinance on March 13, and asked if Council also wished to have another workshop on this item on March 19. Council indicated that they wished a workshop on both March 13 and March 19. 28. Council Action: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Skelton, Clarke and Mayor Malone brought items to Council's attention. Councilperson Skelton requested that the agenda item he had tabled regarding the demolition of a building on lots 28-32, block 31, be brought back to the table. The City Attorney read ORDINANCE 1692, giving the legal description as LOTS 28-32, BLOCK 31 and the owner of record as A. J. AND BETTY ROUSE. Motion was made by Councilperson Skelton to adopt Ordinance 1692 as read by the City Attorney. Second by Councilperson Porter. The motion carried, 5 ayes and 3 nays. ~ ~ Minutes, Public Hearing and Regular Meeting La Porte City Council March 12, 1990, Page 10 Ayes: Councilpersons Matuszak, Porter, Skelton, Clarke and Mayor Malone Nays: Councilpersons Waters, Cooper and McLaughlin i ai~i ~r ~. ~~;y ~'~J E 'i,~; ~~i F,1°II t3Ell i:n "'`~~a .' ~ iii -: ..-i~c ~~~[i~.rtrnii rii r,~.a ~t~:kN :€'~ 'la.1~B ,, a ~l #~j :.i. ,m:~ ~~~ :~- ;,s _~,:~6~~ ~T, ,7~~~w', <iiac kB1iV '`;a~~ ;ail i sii =i air:}~n 'ij.iti~~ .., Ai'v,'. h'3A ~i i ] `~~~ 1~d s ~nw ,,, { 29. There was no executive session. 30. There being no further business to come before the Council, the meeting adjourned at 8:30 P.M. Respectfully submitted: Cherie Black, City Secretary Passed & Approved this the 26th day of March, 1990 Norman L. Malone, Mayor .i ~ • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Ma 26 990 ~~~ Requested By: Joel H. Albrec~t~' partment:Community Development %~~ `, Report Resolution X Ordinance E~ ~ Exhibits: 1. Street & Alley Location Map ~ 2. Street & Alley Closing Ordinances a ________________________________________________________________ SUMMARY & RECOMMENDATION On March 26, 1990, the City Council passed Ordinance No. 1691, which closed and abandoned portions of Tyler, Madison, Iowa, Kansas and Utah Streets and the alleys in Block 416, 417, 418, 432, 433, 434 and 435. The closing and abandonment is subject to four conditions which are: 1) purchase of abutting property to the requested closures, 2) payment to the City a cash sum of $514,462.30, 3) the filing with the City of an affidavit evidencing the granting to Houston Lighting and Power Company of the necessary easements for the transmission and distribution facilities currently in place on the property purchased by International Cargo Network (ICN) and, 4) an easement for an eight inch (8") waterline currently located in Madison Street or as it might be relocated by ICN at their sole expense. -~;~. :" ~f. ;,,~~~~ ~~„ . tl'il _f< :. ,- {F ~I ;:~~ _' i _.'~ - -r~l _ ?z~'' ~~: Ordinance No. 1691 has been revised by Knox Askins at the request of representatives of ICN. The attached revision repeals Ordinance No. 1691 and divides ICN's request into two sections, the first being the property west of the west right-of-way line of Kansas Street and the second one being the property east of the west right-of-way line of Kansas Street and dividing the purchase price accordingly between them. The conditions proposed for the ordinance revisions are the same as those contained in Ordinance No. 1691. Staff suggests the repealing of Ordinance No. 1691 and consideration of the two proposed ordinances, 1693 and 1694. Action Required by Council: 1) Approve revised ordinances 2) Deny revised ordinances 3) Table request for further study ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: Account No.: General Fund Water/Wastewater Capital Improvements General Revenue Other Sharing Funds Available: Yes No Appro d for City Council Agenda R t T. Herrera Date _=====ity_Manager________________________________________________ I. C.N. STREET & ALLEY CLOSING REQUEST SEC. I & SEC.2 Barbour~s Cut Boulevard a v 3 v L 0 z 436 437 438 3 North ~~E~~ U 34 433 -' 32 ,. ', -'; '; , ,. ,. 18• 419• ~~ , .;, a i M d son 42 421 I T er Y 417 416 .; 415 414 SEC. (STREET/ALLEY CLOSING ''" SEC.2 STREET/ALLEY CLOSING ~~ i fi-~ ~~ 1 . ;, u 31 ~~" ~~ ~i `. of :; 1':, f yi :,; , ,~, • ORDINANCE NO. AN ORDINANCE VACATING, ABANDONING AND CLOSING POR'PIONS OF TYLER STREET, MADISON STREET, IOWA STREET, AND THE ALLEYS IN BLOCKS 416, 417, 418, 419, 434 AND 435, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; ABANDONING CERTAIN PUBLIC UTILITY EASEMENTS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING CERTAIN CONDITIONS PRECEDENT TO THE EFFECTIVE DATE HEREOF. WHEREAS, the City Council of_ the City of. La Porte has been requested by record owner of all of the property abutting the hereinafter described portions of Tyler Street, Madison Street, Iowa Street, and the alleys in Blocks 416, 417, 418, 419, 434 and 435, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of Tyler Street, Madison Street, Iowa Street, and the alleys in Blocks 416, 417, 418, 419, 434 and 435; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portions of_ Tyler Street, Madison Street, Iowa Street, and the alleys in Blocks 416, 417, 418, 419, 434 and 435, Town of La Porte, Harris County, Texas, are not suitable, needed, or beneficial to the public as public roads, streets and alleys, and that the closing of the hereinafter described portions of Tyler Street, Madison Street, Iowa Street, and the alleys in Blocks 416, 417, 418, 419, 434 and 435, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portions of said Tyler Street, Madison Street, Iowa Street, and the alleys in Blocks 416, 417, 418, 419, 434 and 435, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, o.f_ the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described portions of Tyler Street, Madison Street, Iowa Street, and the alleys in Blocks 416, 417, 418, 419, 434 and 435, Town of La Porte, Harris County, Texas, are hereby permanently vacated, abandoned and closed by t}ze City of La Porte, to-wit: ' • • €: ~= a ,~. , p.~, ORDINANCE NO. Page 2 Being that portion of the right-of-way of Tyler Street from the east right-of-way line of North Broadway to the west right-of- way line of Kansas Street, and lying and being situated between Blocks 416, 417, 418, and 419, Town of La Porte, Harris County, Texas; and Being that portion of the right-of-way of Madison Street from the east right-of-way line of North Broadway to the west right- of-way line of Kansas Street, and lying and being situated between Blocks 418, 419, 434, and 435, Town of La Porte, Harris County, Texas; and Being that portion of the right-of-way of Iowa Street from the north right-of-way line of Adams Street to the south right-of- way line of North "E" Street, and. lying and being situated between Blocks 416, 417, 418, 419, 434, and 435, Town of La Porte, Harris County, Texas; and ;~ • k. ._ n~ :~ `~ ~. _ ,'~ ~,~: ` "f l6. f , ~~': ~, - ~ ~~: == r is - ~ , <' :~~ - 1~~OI :- ~.II! f ~, I '~' ~;~ ~: -=-: t;; is#l'. ,.. ,,. air :. ; ~~i ',~~: . !. ,.~ _ _-_,': _ __ ~: :~ } ~, ~` ~~ ~~1 _:.~i ~i '~ :: ~~:~ ;.`~' ~:~ "~. `'~ ~; r~ Being the entire sixteen feet (16') by four hundred feet (400') alleys in Blocks 416, 417, 418, 419, 434 and 435, Town of_ La Porte, Harris County, Texas. SUBJECT TO: 1. The City of La Porte retains for the benefit of Houston Lighting and Power Company, easement rights for Houston Lighting and Power Company's existing transmission and distribution facilities that are currently in place in said rights-of-way. 2. The City of La Porte retains an easement .for the eight inch (8") water line on Madison Street. The City of La Porte will release the easement for the existing 8" water line on Madison Street, upon further agreement with applicant for the re-routing of said water line at applicant's sole expense, and the granting by applicant to the City of La Porte, of an easement in form acceptable to the City of La Porte, for the re-routing of such water .line. Section 2. This ordinance shall be effective upon the performance of the following conditions precedent, by the applicant, to-wit: 1. The payment by applicant to the City of La Porte, as and for the fair market value of_ the street and a]_7_ey rights- of_-way to be closed, of the cash sum of_ $3&2,400.00, in certified funds. 2. The purchase by applicant of all of the property abutting the portions of the street and alley rights-of-way described herein. Section 3. When the conditions set forth in Section 2 have been performed, the City Secretary of the City of La Porte is authorized to issue a certified copy of this ordinance to applicant, for recording in the Harris County Clerk's office. 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 #( • ORDINANCE N0. Page 3 posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. Ordinance 1691, passed and approved on March 12, 1990, is hereby repealed. PASSED AND APPROVED, this 26th day of March, 1990. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: City Secretary APPROVED: ,. GN • /~ City Attorney yyy[[[ If • • i,i k ORDINANCE N0. AN ORDINANCE VACATING, ABANDONING AND CLOSING PORTIONS OF TYLER STREET, MADISON STREET, KANSAS STREET, UTAH STREET, AND THE ALLEYS IN BLOCKS 432 AND 433, IN THE TOWN OF LA PORTS, HARRIS COUNTY, TEXAS; ABANDONING CERTAIN PUBLIC UTILITY EASEMENTS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING CERTAIN CONDITIONS PRECEDENT TO THE EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by record owner of all of the property abutting the hereinafter described portions of Tyler Street, Madison Street, Kansas Street, Utah Street, and the alleys in Blocks 432 and 433, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion o.f Tyler Street, Madison Street, Kansas Street, Utah Street, and the alleys in Blocks 432 and 433; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portions of Tyler Street, Madison Street, Kansas Street, Utah Street, and the alleys in Blocks 43?. and 433, Town of La Porte, Harris County, Texas, are not suitable, needed, or beneficial to the public as public roads, streets and alleys, and that the closing of the hereinafter described portions of Tyler Street, Madison Street, Kansas Street, Utah Street, and the alleys in Blocks 432 and 433, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portions of said Tyler Street, Madison Street, Kansas Street, Utah Street, and the alleys in Blocks 432 and 433, should be vacated, abandoned, and permanently closed. --- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. Under and by virtue of the power granted to the -= City of La Porte under its Home Rule Charter and Chapter 13, Title _...,_°~ 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described portions of Tyler Street, Madison Street, Kansas Street, Utah Street, and the alleys in Blocks == 432 and 433, Town of La Porte, Harris County, Texas, are hereby -6 -° permanently vacated, abandoned and closed by the City of La Porte, ~~w N~ to-wit: ': ~t ;;' _; ~1 r. -. .._ __. _ _. ~. • • ORDINANCE N0. Page 2 Being that portion of the right-of-way of Tyler Street from the west right-of-way line of Kansas Street to the west right-of_- way lines, extended, of the alleys in Blocks 4l5 and 420, Town of La Porte, Harris County, Texas, and lying and being situated between the west half (W.1/2) of Block 415 and the west half (W.1/2) of Block 420, Town of La Porte, Harris County, Texas; and Being that. portion of the right-of-way of_ Madison Street from the west right-of-way line of Kansas Street to the west right- of-way line, extended, of the alleys in Blocks 420 and 433, Town of La Porte, Harris County, Texas, and lying and being situated between the west half (W.1/2) of Block 420 and the west half (W.1/2) of Block 433, Town of La Porte, Harris County, Texas; and Being that portion of the right-of-way of Kansas Street from the north right-of-way line of Adams Street to the south right- of-way line of North "E" Street, and lying and being situated between Blocks 415, 416, 419, 420, 433, and 434, Town of La Porte, Harris County, Texas; and Being that portion of the right-of-way of Utah Street from the north right-of-way line of Madison Street to the south right- of-way line of North "E" Street, and lying and being situated between Blocks 432 and 433, Town of_ La Porte, Harris County, Texas; and Being the entire sixteen feet (16') by four hundred feet (400') alleys in Blocks 432 and 433, Town of La Porte, Harris County, Texas. SUBJECT TO: 1. The City of La Porte retains for the benefit of Houston Lighting and Power Company, easement rights for Houston Lighting and Power Company's existing transmission and distribution facilities that are currently in place in said rights-of-way. 2. The City of La Porte retains an easement for the eight inch ($") water line on Madison Street. The City of La Porte will release the easement for the existing a" water line on Madison Street, upon further agreement with applicant for the re-routing of said water line at applicant's sole expense, and the granting by applicant to the City of La Porte, of an easement in form acceptable to the City of La Porte, f_or the re-routing of such water line. Section 2. This ordinance shall be effective upon the performance of the following conditions precedent, by the applicant, to-wit: 1. The payment by applicant to the City of for the fair market value of_ the street of-way to be closed, of the cash sum of certified funds. 2. The purchase by applicant of all of the the portions of the street and alley ri described herein. La Porte, as and and alley rights- $152,062.50, in property abutting ahts-of-way Section 3. When the conditions set forth in Section 2 have been performed, the City Secretary of the City of_ La Porte is ORDINANCE N0. Page 3 authorized to issue a certified copy of this ordinance to applicant, for recording in the Harris County Clerk's office. 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 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. Ordinance 1691, passed and approved on March 12, 1990, is hereby repealed. PASSED AND APPROVED, this 26th day of March, 1990. ~u u ~4 =a, '.WA ,'3H '. 11 q7 ~~Eq ATTEST: City Secretary APPROVED: ~~ ~N' . City Attorney n u CITY OF LA PORTE BY Norman L. Malone, Mayor ~ ~ ORDINANCE N0. 1695 AN ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES EXCEPT IN DESIGNATED SMOKING AREAS; MAKING FINDINGS OF FACT; DECLARING SMOKING TO BE A PUBLIC NUISANCE; DECLARING THAT A PERSON COMMITS AN OFFENSE IF THE PERSON SMOKES AT A PUBLIC MEETING OR ANY PUBLIC PLACE AND THE PERSON IS NOT IN A DESIGNATED SMOKING AREA, AND PROVIDING THAT SUCH OFFENSE IS A MISDEMEANOR; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING ANY PROVISION OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE PUNISHED BY A FINE OF NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. GIHEREAS, the Surgeon General of the United States has declared that smoking is the number one public health issue of our time; and WHEREAS, smoking adversely affects health of_ employees and customers of businesses; and WHEREAS, the City of La Porte recognizes the increasing evidence that smoke creates a danger to the health of some citizens, and is a cause of annoyance and discomfort; and WHEREAS, in order to protect the health and welfare of those citizens, as well as to protect the rights of smokers and nonsmokers, it is necessary to restrict smoking in public places except in areas designated as smoking areas; and WHEREAS, the unregulated spread of the detrimental effects of smoking and the potential. harm smoking creates to some citizens of the City is hereby declared a nuisance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the Code of Ordinances of the City of La Porte is hereby amended by adding a Section to be numbered 12 1/8-1, "HEALTH," which said section reads as follows: Section 12 1/8-1, "HEALTH." Smoking prohibited in public places. (a) Definitions. 1. "Public meeting" means a meeting open to the public and held in an enclosed area unless the meeting is held in a private residence. 2. "Public place" means an enclosed, indoor area where individuals commingle to engage in commerce, recreation, educational activities or transportation, and includes: City Attorney/Third Draft/March 20, 1990 ~ i ORDINANCE N0. 1695 Page 2 (A) all or part of a building used for state or local governmental purposes; (B) a retail store, office, or other commercial establishment; (C) a grocery store; (D) a restaurant or cafeteria; (E) public school facilities; (F) a school bus; (G) a health care facility, including but not limited to laboratories associated with the rendition of health care treatment, hospitals, nursing homes, and doctors' and dentists' offices; (H) a theater, movie house, gymnasium, museum, auditorium, convention center, or arena; (I) a public means of mass transportation, including associated terminals; (J) a courtroom; (K) a jury waiting or deliberation room; (L) a library (M) a place of employment; (N) a place providing personal services; (0) a service line, cashier area, over-the-counter sales area, or common traffic area; (P) an elevator; (Q) a hotel or motel; or (R) a restroom; or (S) any area or building in which smoking is prohibited by state law. 3. "Smoke," "smokes," or "smoking" includes: (A) carrying or holding a lighted pipe, cigar, or cigarette of any kind or any other lighted smoking equipment or device; (B) lighting a pipe, cigar, or cigarette of any kind or any other smoking equipment or device; or (C) emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or any other smoking equipment of device. 4. "Employee" means a person who is employed by an employer in consideration for monetary compensation or profit. 5. "Employer" means a person, partnership, corporation, association, or other entity that employs one or more persons. 6. "Place of employment" means an enclosed, indoor area under the control of an employer to which employees have access during the course of employment, and includes work areas, employee lounges, employee rest rooms, conference rooms, and employee cafeterias. The term does not include a private residence. (b) Offense. 1. A person commits an offense if the person smokes at a public meeting or in a public place and the person is not in an area designated as a smoking area under subsection (d) of this ordinance. 2. It is an exception to the application of subsection 1 of this section that the person is smoking: (A) in a situation in which the person is present at an event in which an entire room or hall is used for a private social function; ORDINANCE N0. 1695 (B) in a public place for under section (h)2 of (C) as a participant in a performance. Page 3 which a waiver has been granted this ordinance; or n authorized theatrical (c) Penalty. An offense under this section is a misdemeanor, and any person who shall violate any provision of this section shall, upon conviction, be punished by a fine not to exceed Two Hundred Dollars ($200.00). (d) Designation of smoking areas. 1. Except as provided by subsection 5 of this section, a proprietor or person in charge of a public place who desires to permit persons in the public place to smoke shall designate areas as smoking areas. If the public place is a government building, the governmental entity responsible for managing and maintaining the building may designate areas as smoking areas. _?~~ 2. The proprietor or person in charge is not required to make ;. ;, ;; structural or physical modifications to accommodate the _``~~~ smoking area, but existing physical barriers and `~" ventilation systems shall be used to minimize the effect ~~! of smoke in adjacent nonsmoking areas. 3. Each employer who operates a place of_ employment shall develop, implement, and maintain a written smoking policy that accommodates the wishes of smoking and nonsmoking employees by designating smoking and nonsmoking areas. If a dispute arises, the preferences of nonsmokers shall be accomodated. Upon request, the City shall assist employers in developing and implementing such written smoking policy. The City shall develop a model or suggested written smoking policy, and distribute the same upon request to all employers in the City, for their use and guidance in developing and implementing their own written smoking policy. This ordinance does not prohibit an employer from designating a place of employment in its entirety as a nonsmoking area. Each employer in the City shall develop and implement a written smoking policy no later than December 31, 1990. 4. It shall be the responsibility of an owner of non- residential buildings constructed after passage of this ordinance to establish proper and adequate ventilation and seating arrangements to accommodate smokers and nonsmokers. 5. The proprietor or person in charge of a restaurant that has a seating capacity for more than 25 persons, and that wants to have smoking and nonsmoking areas shall designate a smoking area proportionate in size to the number of customers normally requesting a smoking area. This ordinance does not prohibit a proprietor or person in charge from designating a restaurant in its entirety as a nonsmoking area. 6. A smoking area may not be designated in: (A) (B) (C) (D) (E) (F) an elevator; a bus; a public means of mass transportation; a rest room; a service line, cashier area, or common traffic a place in which smokin marshal of the state or other law, ordinance or area, over-the-counter sales area; g is prohibited by the fire a political subdivision or by rule; • ORDINANCE NO. 1695 Page 4 (G) a public school facility; (H) a theater or movie house; (I) a library; (J) a museum; or (K) a hospital. 7. No place other than a restaurant with a seating capacity for 25 customers or fewer, a grocery store with less than 4,000 square feet of retail floor space, a bar, or a retail store that primarily sells tobacco may be designated as a smoking area in its entirety. If a restaurant, grocery store, bar or tobacco store is designated as a smoking area in its entirety, that fact shall be posted conspicuously at all entrances to the premises. (e) Signs. 1. A proprietor or person in charge of a public place shall place signs visible at each entrance to the premise to notify persons entering the premises that smoking is prohibited or that smoking is prohibited except in areas designated as smoking areas. 2. A proprietor or person in charge of a public place shall post in a conspicuous place in any area designated as a smoking area signs stating that smoking is permitted in the area. The proprietor or person in charge shall post signs i.n the premises stating "No Smoking" or "No Smoking Except in Designated Areas" as appropriate. (f) Reasonable effort to prevent smoking. A proprietor or person in charge of_ a public place shall make a reasonable effort to prevent smoking by: 1. designating any areas where smoking will be permitted as required by subsection 12 1/8-1(d); 2. posting signs as required by subsection 12 1/8-1(e); 3. asking smokers to refrain from smoking in all other areas on request of a client, patron, or employee suffering discomfort from the smoke. (g) Facilities to extinguish smoking materials. All public conveyances and public places shall be equipped with facilities for extinguishment of smoking materials. Facilities for extinguishment of smoking materials that are located in areas of public places other than designated smoking areas shall be accompanied by clearly visible signs stating "No Smoking." (h) Administration. 1. The City Manager shall adopt rules necessary under this ordinance and shall implement and determine compliance with the ordinance. 2. The City Manager may, on request of a proprietor or person in charge of a public place, waive the requirements of this ordinance if the City Manager determines that there are compelling reasons to do so and the waiver will not significantly affect the health and comfort of nonsmokers. (i) More restrictive requirements. Nothing in this ordinance shall prohibit the proprietor or person in charge of a public place from adopting nonsmoking requirements that are more restrictive than those set forth in this section. • • ORDINANCE N0. 1695 Page 5 Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of_ same to any person or set of_ circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 4. Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than Two Hundred Dollars ($200.00). Section 5. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within the ten (10) days after the passage of this Ordinance. Section 6. 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 • ORDINANCE N0. 1695 Page 6 and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective from and after its passage and publication as required by law. PASSED AND APPROVED, this 26th day of March, 1990. .ATTEST: Cherie Black City Secretary APPROVED: G%c~l/~ Knox W. Askins City Attorney • CITY OF LA PORTE BY_ __ ___ Norman L. Malone, Mayor ~., `;, ,~ •~ ;;~~ `tr i JJfJJi ~'i IIp~. '~ !l ~,n~ -~ :~~ni ~,~~~ _ _;~~: ~~il ...'iii{. -r~~u~ F~~; ~k' tS e[ a11 '_ ' I!~! k}~' `, REQUEl~FOR CITY GQLINGIL AGENDA Ir`1 Agenda Uate Requested: Marc Requested By: Steve Gillett Report Exhibits: Resolution 90-3 1990 Department: Public Works X Resolution Ordinance SUMMARY &~ RECOMMENDATION On February 17, 1984, the Texas Water Commission approved an application by the College View Municipal Utility District to issue bonds for the design and construction of a 550,000 gpd expansion to the La Porte Wastewater Treatment Plant, an 18 inch wastewater main from the District to La Porte's wastewater plant, and a 310,000 gallon elevated water storage tank. Bonds were subsequently sold in the amount of $3,500,000, and $2,532,000 was escrowed on March 26, 1984. The District was annexed December 28, 1983 (Ord. No. 1393), and formally abolished March 27, 1989 (Ord. No. 140U). T}~e City obtained an amended waste discharge permit authorizing a 550,000 gpd expansion, and authorized plans and specifications f.or the treatment plant expansion and the Fairmont Parkway Relief Sanitary Sewer. Upon approval of. the plans, the City requested t}~e release of $2,175,500 from escrow to pay the District's share of the improvements. The Texas Water Commission released the funds in December of: 1.985, and the proiects were completed on July 27, 1988. There remains $356,500 in escrow, plus accumulated interest, for the construction of the 310,000 gallon elevated water storage tank. The City has retained an engineer. to design the Northwest La Porte Water Project, which includes a proposed 500,000 yal.lon elevated water storage tank. The City desires to request the Texas Water Commission to release the remaining $356,500 from escrow to pay for tt~e former District's share of the proposed improvements. A resolution is req~.~ir_ed by the Texas Water Commission as a part of the application for release of funds. Action Required by Council: Approve Resolution 90-3 requesting the release of $356,500, plus accumulated interest, from escrow to pay for the former College View Municipal Utility District's share of the Northwest La Porte Water Project. Availability of Funds: N/A General Fund Capital Improvement Other Account Number: en Robe t ~T: Herrera City Manager Water/Wastewater General Revenue Sharing Funds Available: YES NO '. ~ c' ~l DA • • RESOLUTION N0. 90-3 RESOLUTION REQUESTING APPROVAL OF RELEASE OF FUNDS FROM ESCROW WHEREAS, the Texas Water Commission (the "Commission"), by Order dated February 17, 1984 (the "Order"), approved an application for approval of an engineering project and bonds in the amount of $3,350,000 submitted by the College View Municipal Utility District (the "District"); and WHEREAS, the Order required, among other things, that the District deposit in escrow the sum of $2,532,000 of the proceeds from the sale of such bonds until the Commission had received and approved plans and specifications for the construction of (a) a 310,000 gallon elevated water storage tank ($356,500), (b) an 18 inch sanitary sewer main from the District to the City of La F'orte's sewage treatment plant ($1,543,000) and (c) a 550,000 gpd expansion to the City of La Porte's sewage treatment plant (;632,500, the Order also requiring an amended waste discharge permit for such expansion); and WHEREAS, the District subsequently issued and sold, pursuant to and in accordance with the terms of the Order, its Waterworks and Sewer System Combination Tax and Revenue Bonds, Series 1984, Dated as of February 15, 1984, in the aggregate principal amount of $3,350,000; and WHEREAS, pursuant to the requirements of the Order, the District: placed in escrow with the First City National Bank of E3ouston, and its successor First City Texas (the "Bank") the sum of $2,532,000 pursuant to an Escrow Agreement between the Bank and the District dated March 26,1984 (the "Escrow Agreement"), providing for such sum to be held in escrow by the Bank until it received written authorization, approval or other instructions from the Commission to deliver said sum or any part thereof and any interest earned thereon to, or in accordance with the dirf~ctions of, the District; and, WHEREAS, by Ordinance No. 1393, the City Council of the City of La Porte, Texas ( the "City"), duly annexed all of the territory within the District and, by Ordinance No. 1900, the City abolished the District effective March 27, 1984, and on such date the City took over all of the properties and assets of the District, assumed all debts, liabilities and obligations of the District and commenced to perform all functions and services of the District; and WHEREAS, the City obtained an amended waste discharge permit authorizing said 550,000 gpd expansion of its sewage treatment plant, and the City submitted to the Commission plans and specifications for the construction of such expansion and for the construction of said 18 inch sanitary sewer main (the "Fairmont Parkway Relief Sanitary Sewer"); and ~~II1I~, ;ILA, ~~,~~ 7~:' iei • • Resolution 90-3, Page 2 WHEREAS, the City requested that the Commission release from escrow the amount of $2,175,500 to proceed with construction; and WHEREAS, the Commission subsequently released from escrow $2,175,500 for the construction of the Expansion of the La Porte Sewage Treatment Plant and the construction of the Fairmont Parkway Relief Sanitary Sewer, and construction was completed on July 27, 1988; and WHEREAS, the City has retained engineering services to prepare plans and specifications for the construction of a 500,000 gallon elevated water storage tank and related water lines (the "Project"); and WHEREAS, the City desires to secure the release from escrow the amount of $356,500 in order to proceed with the construction of the Project; therefore, BE IT RESOLVED BY TFiE CITY COUNCIL OF THE CITY OF L,A PORTE: Section 1. That the recitals in the preamble of this Resolution be, and are hereby, adopted as findings of fact by the City Council of the City and made a part of this Resolution for all purposes, and the terms defined in said recitals shall have the same respective meanings when used in the body of this Resolution. Section 2. That a ropy of this Resolution, duly certified by the City Secretary, shall be filed with the Texas Water Commission as a formal request by the City for authorization, approval or instruction of the release of the amount of $356,500, plus all interest earned thereon, from escrow with the Bank pursuant to the Escrow Agreement, in order that such funds may be utilized to pay the costs of the construction of the Project. Section 3. That the appropriate officers of the City and the City's Engineer and Attorney be, and they ar.e hereby, respectively authorized and directed to execute and deliver all such documents and take al]. such further action as they, or any of them, may deem necessary or appropriate in order to secure the release of such funds from escrow or otherwise to carry out the spirit and intent of this Resolution. gar ~4i • • Resolution 90-3, Page 3 Section 4. That this Resolution shall be effective from and after its adoption. Passed and approved on the day of March, 1990. Mayor, City of La Porte ATTEST: City Secretary, City of La Porte [SEAL] APPROVED: City Attorney, City of La Porte i f7 ', I~ I~ ~~;. 2,i4' ~° i' i; ~. L. ~ ii f1. • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 26. 1990 Requested By: J. L. Sease Department: Fire X Report Resolution Exhibits: Projected spending plan Ordinance SUMMARY & RECOMMENDATION On February 8, Quantum Chemical Corporation made a donation in the amount of $20,000 to the City of La Porte to purchase equipment for the EMS Service. Under State law, all monies received by the City must abe placed in the General Fund. In order to spend the funds in the manner designated by Quantum Chemical Corporation, the EMS budget must be amended by City Council. The attached list of items are needed and have been discussed, but due to budgeting constraints have not been procured. Action Required by Council: Approve or disapprove the request to amend the EMS Division budget in the amount of $20,000. Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: Funds Available: _ YES _ NO AbnrQVed for City Council Agenda \ ~ ~~ ~ Ro T. Herrera DAT Ci anager Pi, • t ~,i i~ ~ ~I 1~ I ~p~i; ~, '; ~~1~' rid `, ~_~ - - l ili I ' ;,~~,; .. ~~.. C;1'1'Y UI' LA PO1tTE F1RE lllsl'AhTMENT E.M.S. DIVISION IN'1'Ek-OFFICE MEMORANDUM DATE: MARCH 9, 1990 T0: JOE SEASE, FIRE CHIEF' FROM: CHRIS OSTEN, EMS CHIEF SUBJECT : QUAN7.'UM llONAT I ON/L 1:;T OF' ITEMS NEEDEll BY E . M . S . Please find listed below items that the E.M.S. Division is currently in need of: 1. Two (2) M-29 One Person Stretchers Price Per Unit: $1,200 Total: $2,400 2. Four (4) M'I'-600 Motorola Band units with hand microphone/ speaker, 6 channel, 4 watts, leather case, charger, 2 year warranty. Price Per Unit: $900.00 '~NO7.'E: Pete Capo stated that if we deal direct with hi-n we can save 3% over HGAC. 3. One (1) Mobile Phone f>r Chief's car Price: $799.20 4. Three (3) F'ortal:~le Mot~~ile Phones with phone in back with dial capabilities. Price 1'er Unit: $1,545.46 Installed Total: $4,636.44 5. Three (3) UNIMEll "D" 02 Carrying Pigs (1753001 Price Per Unit: $125.95 'total: $377.05 6. Four (4) Veriflow 02 Manifold #780710 Price Per Unit: 9169.99 Total: $679.96 7. four (4) 02 Cylinders #100020 Price Per Unit: $65.99 't'otal: $279.96 'G 8. Two (2) 02 Regulators #627'170 '.~; Price Per Unit: 9154.99 ''~'` Total: $309.98 ,~~ P,!I ,`~' ;~~ ~,. ., .-- 9. `Two (2) Gladiator MAST Pants )t375101 Price Per Unit: :fi389.95 Total: $779.90 10. 'Two (2) PLANO 747 Jump t<its #753603 Price Per Unit: 384.99 Total: $169.90 11. Laryngoscope Blades (18 Blades) Price Per Unit: 331.99 Total: 3575.82 12. Laryngoscope Handle (3 Handles free if you buy 18) 13. One (1) HARE Adult and Three (3) Pedi-Tract~~n Splints Price Per Unit: $169.00 Total: $676.OU 14. Two (2) CPR Manikin Annies Price Per Unit: 3450.00 Total: $900.00 15. Two (2) Matrix Portable Emergency Suctions Price Per Unit: 3470.00 'Total: 3940.00 16. l0U Pocket Masks ($18.00 each) Total: 31,800.00 ~~ , /v',, Chris Osten EMS Chief SEALED -BID ~~0365 VINYL INNER TUBES I. VINYL INNER TUBES 36" (30 -:MIL) 48" (30 MIL) 36" (10 MIL) TOTAL a SEVYLOR U.S.A. 'TALBERT- NEW WEBBER & BRAUNFELS NGIIQEERING" ASSOCIATES GENERAL & -STORE UFACTURI I 8.95 9.00 9.80-- 57.00 I 12.95 I 12.00 I 13.65 I 66.80 I NB 5.80 NB I 57.00 I I 3,980.00 I 6,800.00 4;305.00 152,280.00 • REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE REQUESTED March 26.1990 REQUESTED BY Jeff Litchfield DEPARTMENT Director of_Finance____ X REPORT _ RESOLUTION ____ ORDINANCE EXHIBITS: Supporting Documents SUMMARY AND RECOMMENDATION Dale E. Kelly paid their property taxes on January 26 and January 30, 1990, resulting in a duplicate payment. Grady K. Strum paid their property taxes on December 29, 1989 and December 31, 1989, resulting in a duplicate payment. The State Property Tax Code requires that refunds in excess of $500.00 be approved by the governing body. The amount of the refund to Dale E. Kelly is $630.48. The amount of the refund to Grady K. Strum is $531.65. ACTION REQUIRED BY COUNCIL: Approve or disapprove refunds in excess of $500.00. AVAILABILITY OF FUNDS: GENERAL FUND UTILITY FUND OTHER ACCOUNT NUMBER: FUNDS AVAILABLE: YES NO APPROVED FOR CITY COUNCIL AGENDA ;~ R E T HERRERA C Y MANAGER _~ DATE CITY PIIONE 1713) 471-5020 ~a ~ cy y->~ % ~( ? ~S7/ - G 9/ a D e a r ~ • ~1'~~-~ -' A refund in the amount of ~ following le~l descriptiono~ y ~ This refund is the result off. • POIZTE ~ LA FORTE. TEXAS 77571 Tax year ~g~9 Aect ~ ~?oJ o0~00,7~ ,~~ ~ 89 . ooti7~a 5 ,. ~s due on the -~ Duplicate payment Overpayment Erroneous payment To process this refund, please designate if the refund is to be refunded to you (the property owner) or to your mortgfgll company. If it is to be sent to your mortgage company, in the lines below. ame of mortgage company ddress of mortgage co. oan number This form must be completely filled out and returned to the City of La Porte Tax Office befoCheckrappropriateebo processe Property owner ~-~ Mortgage company[ Signature of property ow Direet inquiries to Tax/Offiee 8:00 a.m. to 5:00 p.m.Mon-Fri • • ~~ ~ ....~.. ,.. , ~y~r+~ .., ~_.n. ~ .. - ,~.. , .~..- 1. 1 ''~, .I •. ~ i , i ', I '!1 •.i ~' rl~ t "r.r3f ',4 ' ~. ,, ~/ j~ t CITY 0~ ~"LA ,. . FORTE '~ •,~ . '. t. t t'~3 0 ~99~ ~ ~rr taox MARKET ANO ASSESSED VALUE Ir nib DISC/PEN. 8 INT. / ~irb~EEXA9 77571- 1S P o ~~ a ~„/aL A u'A ' ~ 16~b00 ~ NOV :' ~ ;00 . J~ ~ PHaN~-5020 L moaxrrvnr ~ ' DEC .~ I 0 0 - . ... ~ ~,~r .. E , 941400 JAN .00 ' s ~~~ FE8 "44.13 S~' 87030040024'~t L ; MAR S6 .74 , , COLLECTOR [) • ~ , TAX ASSESSOR / TOTAL VALUE __ , A p R b 9 i 3 5 ~ . . RFSDENtIAI NOIMSIEAO 22i200~ MAY ~~ ^" 31 i9b `'- °~'"'"'~'~`~ JUN 94 157 ANA .M. ESTRADA., _ .... ~._. ~ ~~ ~ I aSNEEOFERSON1YfTFMM J U L -.113 ~ 4 8 TAXABLE VALUE S 8 A U G ~ 1119 X 7 9 19 8 9 TAX RATE PER 5100 E p ,, x 1 2 6 0 9 ' 630.48 CT X132140 y '~ AN AN ADDITIONAL' 15X'ATTORNEYS ~ FEE'WILL' MFO. SEO. NO. 89 007760 h30 ;48 630 ;48 630 ;48 674 ;61 687 .22 b99 ~E3 712 .44 725 .OS 743 ~ 96 750 ~27~ 75b X57: 7b2!88 BE ADD'cD":TO 'THIS; BILL ON JULY 1ST. ~ KELLY~DALE E '$~GAYEJ' O INCLUDE WITH-.YOUR PAYMENT IF'rPAID ON '•926•HACKgERRY.' W O D F~IPTION, AND ACRESi''Y ~ ' "~ N E LT~24 8LK 4 ~ LA PORTEtTX' R S" TRIANGULAR PIECE ;LT 23 77571'`6912' Tax stalemenls blllbt/~l~tit. -Jan. 10 will become delinquent Feb. 1a1. Delln- S H A D Y RIVER .SEC 3 quent taxest are subject to penalty and Interest. Rates: Feb. 7% - Msr. 996 - Apr. 11°k - Msy 1396 -Jun 15°h • Jul 1896 ~,~,I t 1t . ~ - i , ' , , • ~ t • • rq „ }gyp 1 T + ~nh w- '^e , , T~'~ i .a Yd6~<er.~ - ~ - 1;. a '~ ;!1~1~' M~~~~ f~'i,~~'~'~ Y!~s ~.. ~~ x..-., .. ~ M~ u. - .i. •.. }y...,,, , CITY ---.,~.~,..rt.~~a~..-~~~_ ~, OF ~~~ LA FORTE PHONE (71~) 471-020 • P.O. BOX 111!1 • ;LA pORTE,'1'EXA$ ~7l71 I fleck RECEIPT 079053 ~ DATE f -' ~~p ,. ~ O Money Order , ~ ~ I Cashier Check r RECEIVED FROM ;C~,Q~ 1 ,~~ ~ l 1 ~ PAYMENT FOR ~~ T7 ] ~(, ; ~ ..;'g ~(~~.i l:J~~..,UV~-~ ~y~~`~' AMOUNT $ /30. DESCRIPTION (~ --~~~'9-~ UO 770 ; ~, /' ~ ~ , ~ ~ ~~ ~ ~ 3 C~ , /~ ~1~,, ,, , W U CASHIER ~~ ~i ,;. !9 • •!7C°vl'A')'"°T.~wM•;w~NRn T,.; .'Yr.n.'R'M"'"'s,...iTnry~A . .~ \\ / ter'"- ..~<~ ,~ CITY Obi L~ PO~z'T~J ~ • (-'. O Box 111.5 • l_n Por+rr. Texas 77571 Pitorvt t 71 3 1 A71 5020 ~, ~~~~ _ D e a r 1,~ • ~~~ T a x y e a r~~ __~___~- Acct ~~ 703 oou~ oaS I3tC,G ~- P9 - o o ~ 7` i A refund in the amount of S~~.G S _ is due on the following legal description o`~t`a?S ~.a~ ~ ,P,~:N.u' ~u..3 - This refund is the result of a ~% Duplicate payment Overpayment Erroneous payment To process this refund, please designate if the refund is to be refunded to you (the property owner) or to your mortgfgill company. If it is to be sent to your mortgage company, in the lines below. ame of mortgage company ddress of mortgage co. ~~~ - oan number This form must be completely filled out and returned to the City of La Porte ~~" Office before a refund can be processed. ___ Check appropriate bo~ / Property owner _'~~?.f /~ L~_2~~LL__Mortgage company[ Signature~of property owner Direct inquiries to Tax Office 8:00 a.m. to 5:00 p.m.Mon-Fri • MFG. SEQ. NO. 89 007761. °A BOX t115 • ~q pORTE. TEXAS 77571-1115 PHONE 713-477-5020 -==%~~ "~ 87030040r~25 TAX ASSESSOR / COLLECTC A ~1• ESTRADA Sa ADDITIONAL 15% ATTORNEYS FEE WILL ADDED TO THIS BILL ON JULY 1ST. :LODE WITH YOUR PAYMENT IF PAID ON "' " D FZIPTION AND ACRES 2S f3LK 4 t ~axrs are sub)ect fo -~ ' '""' °rcom Apr. 11% -May 13"~ .Jun 15 oneJul 18"/otnteresf. ~~1 ~1. Delin- - Mar. 9~k - 1 ''`~~ CITY OF LA PpRTE - ~ i ~ 4 . ~ r. r 1 .1 nhN~ ~ a I 1 y C I T . ' O F~ ;~ .RT/ ~ ; ~ Mrs _ __ st=o. N~`, ~~ :~, al ren,r to09e I•AAgKET AND A55ESSE'd ~VAI,iJIi '~ ~ •tJi ~Aro l.; ~. D19t7/f~N; 3'INY;' , hrE r. r „~~,x,,,S•,nh~t7f7,1-.,EX~s775},-,t,s ~ ;'~"'~` ~~~"~ ~,"\~ }""~~'~~:..~ bEC ~ .~ I ~O/ S31 '65 1'HnN[ 711~A71-:,070 ~ L ngnunNn. 1 I ~ ,.,~~ T~~10J JAN ~. ~n0 S~1 .55 ~: . E ~ . y tf S rrAt,n°r ~ FE11 '.7~. ~Z~ 568 dab ...li~~ Is7{ISG04~1'r2S~-t ~yA~RA'~'I>'4'?I1~8#" 'R S7 ~:o `. - - _ _ _ _ TOTAL VALUE 3 j ~ ~, Q O APP, S A i4 B ~ ~ `~', ~1 - TAX ASSESSOR /COLLECTOR ((~~ ( ' ~ _ .>. _.-__._ _~_ ____.....___.. ______-_ n{(It(N,I~I.IgMF51[RD 1 8 ~ l: fa A Y ~ ~ X11 !S ~ ~' I'• ~ . :A M. ESTRADA n•~u~,::l!111,r~~ ^vF~PM`~rsnee,i~t~'r,t~).I+;~"~,~11~,111'~f~N'r't^,J1~'^iijT~;! !I bll ,39 y I , r-= - - es,elho 1'„t5"HIvl,filtN , a .. ~ l1 l' y Y .. ... ~. ~ 7 , 3 ~, ~ ~ ~., t' 'bf TAXAEILE VALUE ^ ~ .1i7 -- TAXRAIEPERE,00 • ! ~ ~s~01J $KP 10b.'133 '~'~7 i~~ `` - S .65 OCT 111 ;64 54~ ';'.9 _ ~ ~ ~ - t . ,. i AODItIOPIAI 15Y. ATTORNEYS 'FED' i+IIL" ~ ~ ... ; AOOEO Td THIS PILL ON JULY 1ST.STRUM, GRADY K P~~/ ~~ ~CIUDE ~.CtN YOUR PAYMENT IF t~AIO 0"1 931:1: HACKBERRY, ~ - W _' `~~30~`'E{~ DES~~IPTION AND ACRES , ' ~; . T `'. -`~" V ~ ' `1~ ~ 25 flLK '4 1. ,1 PORTE TX ~'IT~.•, ~p ~ `' 7T 571-691 Z C,q ~,~~~ ' .,. Tex alelementa billed Ocl. -Jan. 10 will become d quenl fe .1st. n- A D Y R 1 V E R S C C ~ _ quell taxes ere eub)ect to penally and IMereal.~ Reles: - . 9 % - ' _ _ - Apr. it% - Mey 13"/0 -Jun 15% -Jul 18% ,` 1 , +,~ 1 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 3-26-90 ~) ~ Requested By: Alex Osmond ~~~Department: Golf Course X Report Resolution Ordinance Exhibits: 1) Quotation from Watson Distributing dated 10/2/89 2) Memo from Dennis Hlavaty to Louis Rigby dated 3-13-90 SUMMARY & RECOMMENDATION Single source availability through Watson Distributing for the purchase of three (3) cutting reels with turf groomers and grass catchers for Jacobsen greens mower, unit #11-18 purchased during fiscal year '87-88. Total cost: $ 5,747.00 Funds available in Golf Course Maintenance Capital budget. Action Required by Council: Approve purchase per attached quotation from Watson Distributing in the amount of $ 5,747.00. Availability of Funds: X General Fund Water/Wastewater Capital Improvements General Revenue Other Sharing Account No.: 028-800-811-821 Funds Available: X Yes No ed for City Council Agenda ~~ 2 ~' Dat ~, rt T. Herrera ity Manager ===1===---------------------------------------------------------- ---------------------------------------------------------- "TURNING TEXAS GREEN" Distributing Company, lnc. SPECIALIST IN TURF MAINTf_rJANCE, EQUIPMENT AND UTILITY VEHICI_FS P O ROX i621 1- I IOUSI UN f I-XnS I ~ '.~1 r::' I I 61,i:i SOIJ(FIWCST V RL-LWAY FIOIJ ION, ITXAS ii~li~1;':'1~a PI IONL= 771 `.~7/ I I t`_t CX 71 ~l i5 SALES ORDER/QUOTATION 1J14 ~IAlI~~N l!`1 ~.,t tl ~l 11 ^ _ l ~ -l unrE OCTOBER 2, 1989 CUtiIOMER NO 10565 J CUSTOMER ORDER NO ______-_ TERMS __ nPPROVED_ _. _- REQUISITION NO. _ --.-- -..- __ .._ ___ _ _.--.. sE~l n ru CITY OF LA PORTE sHIP To ___ _ _ __ __ C/0__BAY FORE~T_IaOLF CO_l1RSF SAME -P-_0 _._B 0X__111.5 LA PORTE, TEXAS ZIP coDE _77571 _ ___ _ __. _ RAVER DENNIS H~iFECI~Y~ rf1AvAT~ Sh11P VIA 0/T PREPAID ^ ~;nl.ESMArJ GREG BOCKHOLT __ _ _ _ _ --__DATE PROMISED ___ _ __._ SPFCtnI. INSTRUCTIONS __ --__------_-__- _-----_ ______._---__-- DATE DEt IVERED RECEIVED BY - _-.____ _ ZIP CODE - -. _ coLLFCF ^ PREPAV nraD cHC ^ _ QUANTITY Supplier STOCK NO. DESCRIPTION UNIT PRICE TOTAL ORD'D. SHIPPED B/O Mn '; 2 /17 68600 R.H. 9 Blade Jacobsen Greens Reel $_786.00 $_ 1,572. 00 i zl - --- .1 i 1 8/17 6.859.9___. L.H. _9__Blade_Jacobsen Greens_Reel - 786.00____ ___--__-786.. 00 n~ -- - 1 `' l 8/17 68598 Snacing 1 ~4 " fgroomer Tur (3 ) 00__ 023. 3, 3023. 00 _ _ _ _ _ ___-_____ __ _ _ - _ _ _ _.- - _ _ I I w/Groov_ed Rol lers_& _Blade___ ____ _____________.-__ _________ -___ '~ Assemblies _ ._.___ _ _ --_- _ - - . ~ , -- _ I 1 _ --- - --_ _ __ _ ~ ~ t~ ~ _ _ _ -S~7yT __ ~'c _- I :, 1 •1 ,~, i ~~ _ ___ NUMfiER _ - - ---- TFnS ORDER SUHJECT TO OIJR TERMS AND CONDITIONS AS SHOWN ON THE REVERSE SIDE. II I ~ 1 / • CITY OF LA PORTS INTER-OFFICE MEMORANDUM MARCH 13, 1990 TO: Louis Rigby, Purchasing Manager FROM: Dennis Hlavaty, Golf Course Superintendent ///'~~ SUBJECT: Cutting Reels, Turf Groomers, Grass Catchers for Jacobsen Greens Mower Unit #11-18 Watson Distributing of Houston is the area distributor for Jacobsen golf course equipment. They are the City of La Porte's only means of purchasing the cutting reels, turf groomers and grass catchers for greens mower Unit #11-18. I contacted the Jacobsen manufacturer in Racine, Wisconsin to check on the possibility of the City of La Porte purchasing the items directly through the manufacturer, they said that was not possible. All their products are sold through a distributor. UH/neb REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: MARCH 26, 1990 Requested By: Stan Sherwood Department: Report Exhibits: A. BID PACKAGE B. INTER-OFFICE MEMO Resolution Parks & Recreation SUMMARY & RECOMMENDATION Ordinance Sealed bids #0365 for Vinyl Inner Tubes to be used at Little Cedar Bayou Wave Pool were opened and read on February 26, 1990. Bid requests were mailed to fourteen suppliers with four of the suppliers responding with bids. Current stock on hand at the wave pool totals 175 usable tubes. The available funds budgeted for the purchase of inner tubes for 1990 is $3,900.00. Our recommendation is for low bid to be awarded. to Sevylor USA for Item #l. 300 tubes 36" (30 mil) at $8.95 each = Total $2,685.00. For Item #2, we recommend low bid of Talbert and Associates for 100 tubes 48" (30 mil) at $12.00 each = Total $1,200.00. For Item #3, quantity of 500 tubes 36" (10 mil) the low bid received was $5.80. We believe this amount was significantly higher than several phone quotes we had received earlier. This item was to be purchased as an emergency supply to assure sufficient stock to last throughout he season, should it be necessary. We therefore recommend rejection of the bid in this category. Action Required by council: Approval purchase of inner tubes for Item #1 and Item #2. Rejection of Item #3. Availability of Funds: X beneral Fund Capital Improvement - Other Account Number: 001-800-801-821 Approved for City Council Agenda ~, L Ro~ T. Herrera Ci Manager i _ water/wastewater General Revenue Sharing Funds Available: X YES NO 3 EU Date • • CITY OF LA PORTE INTER-OFFICE MEMORANDUM MARCH 5, 1990 T0: Stan Sherwood, Director of Parks & Recreation FROM: Louis Rigby, Purchasing Manager SUBJECT: Sealed Bid #0365 - Vinyl Inner Tubes Advertised, sealed bids #0365 for vinyl inner tubes were opened and read on February 26, 1990. Bid requests were mailed to fourteen suppliers with four returning bids. Low bid was submitted by Sevylor U.S.A. for item 1, and Talbert and Associates for items 2 & 3. Total estimated cost would be $6,785.00. 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: Tim O'Connor, w/ attachment