HomeMy WebLinkAbout1990-04-23 Regular Meeting
(\
\ j
r'.-
( \
\ ,I
,~
MINUTES OF THE REGULAR MEETING OF THE
LA PORTE CITY COUNCIL
APRIL 23, 1990
1. The meeting was called to order by Mayor Pro Tern Betty Waters
at 6:00 P.M.
Members of city Council Present: Mayor Pro Tern Betty Waters,
councilpersons Mike'Cooper, Ed Matuszak, Bob McLaughlin, Alton
Porter, B. Don Skelton, Jerry Clarke
Members of Council Absent: Mayor Norman Malone, 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 Public Works
Steve Gillett, Finance Officer Linda Waugh, Director of Parks
and Recreation Stan Sherwood, Finance Director Jeff
Litchfield, Assistant Director of Public Works Buddy Jacobs,
purchasing Manager/Human Resources Manager Louis Rigby, Golf
Pro Alex Osmond, Golf Course Superintendent Dennis Hvalaty
Others Present: Robert Bryant; Leta Brown; John Black,
Bayshore Sun; 12 citizens
2. The invocation was given by Councilperson Clarke.
3. Council considered approving the minutes of the public
hearings and regular meeting of Council held April 9, 1990.
It was noted that on page 3, item 9, sentence should read liThe
motion failed, 3 ayes and 6 nays."
Motion was made bY Councilperson Skelton to approve the April
9 minutes as corrected. Second by Councilperson McLaughlin.
The motion carried, 6 ayes and 1 nay.
Nays:
Councilpersons Cooper, Matuszak, McLaughlin, Skelton
Clarke and Mayor Pro Tern Waters
Councilperson Porter
Ayes:
4. The Mayor presented the Employee of the Quarter award for
December, January and February, 1989-90, to Public Works
employee Leta Brown. Ms. Brown received a plaque and
congratulations and compliments from Council.
Apr//
B31
JCj90
e
e
Minutes, Regular Meeting, La Porte City Council
April 23, 1990, Page 2
5. Mr. Robert Bryant, 9622 Carlow, addressed Council regarding
building code updates for mobile homes to allow them on single
lots, and also about possible tax abatements for businesses
on Main street to encourage new business.
6. Council considered a resolution accepting a grant offer from
the Federal Aviation Administration for Airport Project No.
3-48-0127-05.
The City Attorney read: RESOLUTION 90-4 - A RESOLUTION
ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION
ADMINISTRATION FOR AIRPORT PROJECT NO. 3-48-0127-05
Motion was made bY Councilperson Porter to approve Resolution
90-4 as read by the city Attorney. Second by Councilperson
Clarke. The motion carried, 7 ayes and 0 nays.
Nays:
Councilpersons Cooper, Matuszak, McLaughlin, Porter,
Skelton, Clarke and Mayor Pro Tem Waters
None
Ayes:
7. Council considered calling a special meeting for May 7, 1990,
to canvass the May 5 election and seat new Councilmembers.
Motion was made bY Councilperson Skelton to call a special
meetinq of Council for May 7. 1990. Second by councilperson
Cooper. The motion carried, 7 ayes and 0 nays.
Nays:
Councilpersons Cooper, Matuszak, McLaughlin, Porter,
Skelton, Clarke and Mayor Pro Tem Waters
None
Ayes:
8. Council considered changing the May 28 meeting date in order
to accommodate the city holiday schedule.
Motion was made by Councilperson Clarke to chanqe the May 28
meeting date to May 21. Second by Councilperson McLaughlin.
The motion carried, 7 ayes and 0 nays.
Nays:
Councilpersons Cooper, Matuszak, McLaughlin, Porter,
Skelton, Clarke and Mayor Pro Tem Waters
None
Ayes:
9. Council considered approving an interlocal purchasing
agreement with Houston-Galveston Area Council.
Motion was made bY Councilperson Matuszak to approve the
interlocal purchasinq aqreement with Houston-Galveston Area
Council. Second by councilperson Skelton. The motion
carried, 7 ayes and 0 nays.
e
e
Minutes, Regular Meeting, La Porte City Council
April 23, 1990, Page 3
Ayes:
Nays:
Councilpersons Cooper, Matuszak, McLaughlin, Porter,
Skelton, Clarke and Mayor Pro Tem Waters
None
10. Council considered approving an interlocal agreement with the
cities of Bay town and Seabrook for purchase of malathion.
Motion was made by Counciloerson McLauqhlin to aoorove the
interlocal agreement with the cities of Bay town and Seabrook
for ourchase of malathion. Second by Councilperson Clarke.
The motion carried, 7 ayes and 0 nays.
Ayes:
Nays:
Councilpersons Cooper, Matuszak, McLaughlin, Porter,
Skelton, Clarke and Mayor Pro Tem Waters
None
11. Council considered rejecting a bid for a 36-passenger bus.
Motion was made bY Councilperson Skelton to reiect the bid for
the 36-oassenger bus. Second by Councilperson Cooper. The
motion carried, 7 ayes and 0 nays.
Ayes:
Nays:
Councilpersons Cooper, Matuszak, McLaughlin, Porter,
Skelton, Clarke and Mayor Pro Tem Waters
None
12. Council considered a consent agenda as follows: (A) Consider
awarding a bid for topping sand; (B) Consider awarding a bid
for a pick up truck; (C) Consider awarding a bid for a
tractor; (D) Consider approving purchase of malathion; (E)
Consider awarding a bid for chemicals, insecticides and
janitorial supplies.
Councilperson Clarke requested item A be removed.
Motion was made by Counciloerson Coooer to ao~rove consent
aqenda items B. C. D and E as oresented. Second by
councilperson Porter. The motion carried, 7 ayes and 0 nays.
Ayes:
Nays:
Councilpersons Cooper, Matuszak, McLaughlin, Porter,
Skelton, Clarke and Mayor Pro Tem Waters
None
After discussion of item A, motion was made bY Counciloerson
Clarke to award the bid for toppinq sand as oresented. Second
by councilperson Cooper. The motion carried, 7 ayes and 0
nays.
e
e
Minutes, Regular Meeting, La Porte city council
April 23, 1990, Page 4
Nays:
Councilpersons Cooper, Matuszak, McLaughlin, Porter,
Skelton, Clarke and Mayor Pro Tem Waters
None
Ayes:
At this time, Council adjourned into executive session at 6:34 P.M.
under Article 6252-17, Section 2(E) - (Legal) to meet with the City
Attorney to discuss Underwood Road utility service contract and
settlement agreement. Council returned to the table at 7:42 P.M.
Councilperson Matuszak left the Council table at 6:35 P.M. from the
executive session and did not return to the Council table.
13. Council addressed two workshop items:
(A) Discuss request for utility service outside city limits.
Assistant City Manager John Joerns reviewed the request
of Mr. Eugene Abbott for utility service outside the La
Porte city limits in Deer Park and Council's direction
to staff at that time. The information provided for the
workshop covered buildings owned or developed by Abbott
Development and the pending request for service to two
new buildings requesting service.
(B) Discuss false alarm ordinance.
Police Chief Charles smith reviewed a proposed false
alarm ordinance. After the review and questions from
council, motion was made bY Counciloerson Skelton that
the ordinance be out on the May 21 aqenda for action.
Second by Councilperson McLaughlin. The motion carried,
6 ayes and 0 nays.
Nays:
Councilpersons Cooper, McLaughlin, Porter, Skelton,
Clarke and Mayor Pro Tem Waters
None
Ayes:
14. Council considered approving a contract for utility service
outside city limits.
Motion was made by Counciloerson Porter to table this item
until the May 21 meetinq. Second by Councilperson McLaughlin.
Mayor Pro Tem Waters gave direction to staff that had been
discussed in the executive session: (1) It is Council's
intention to reaffirm the desire for 150% to be the basis of
restitution for all bills due the city from all the services
extended beyond our city limits; (2) Council wished to serve
notice that they will look seriously at terminating all
services to those businesses outside our city limits within
.
.
Minutes, Regular Meeting, La Porte city council
April 23, 1990, Page 5
an 18 month period. This period is deemed to be adequate for
them to seek services elsewhere. (3) It is the consensus of
Council that Mr. Abbott not be permitted to connect any new
buildings to the existing four-inch line.
The vote was taken and the motion carried, 4 ayes and 2 nays.
Nays:
Councilpersons McLaughlin, Porter, Skelton and
Clarke
Councilperson Cooper and Mayor Pro Tem Waters
Ayes:
15. Administrative Reports
A. Commercial Solid Waste Study - Director of Public Works
Steve Gillett presented highlights of the study done by
him and his staff regarding commercial solid waste
operations. A comparison will be made between City
operations and a private hauler operation by requesting
proposals from private collection contractors for
collecting commercial containerized solid waste in our
city, and evaluation made on whether to expand our
commercial operations. The request will be solicited in
mid-May of this year.
B. Leadership Conference on April 26 - Bob Herrera reminded
Council of the Leadership Conference breakfast and the
luncheon at Sylvan Beach Pavilion at noon.
16. Council Action - councilpersons Cooper, McLaughlin, Porter,
Skelton, Clarke and Mayor Pro Tem Waters brought items to
Council's attention.
17. Council adjourned into executive session at 8: 51 P.M. to
address Article 6252-17, section 2(R) - (Conference) - to
receive a report from the City Manager regarding proposed
contract with the City of Shoreacres for dispatch services.
Council returned to the table at 9:12 P.M.
18. There being no further business to come before the Council,
the meeting was duly adjourned at 9:13 P.M.
Respectfully submitted:
l~c~tary
Passed & Approved this
~th ay of May, ,1:~
'#'mA./:Pe.;r ~
N man L. Malone, Mayor
the
-
e
~
Minutes, Public Hearings and Regular Meeting
La Porte City council
April 9, 1990, Page 3
The Mayor called for public input. Harley Martin,
President of ICN, addressed Council to express his
willingness to accept the conditions of the PUD set out
by the Planning and Zoning commission. Questions from
Council were answered. There being no further input, the
Mayor declared public hearing "B" closed.
8. Blinkey, the robot cop recently purchased through donations,
was introduced to Council by Chief Charles smith. Blinkey was
certainly well-received, and his "keepers", Mike Edgmon and
Jerome McKown, handled him very professionally.
9. Council considered approving a special conditional use permit
for Fairmont Park Baptist Church to allow placement of a 24-
foot by 32-foot portable building to be used for storage.
Motion was made bv Councilperson McLauqhlin that the request
be returned to the Planninq and Zoning commission for further
study. Second by councilperson Gay. The motion failed, 3
ayes and 6 nays.
Ayes:
Nays:
Councilpersons McLaughlin, Gay and Skelton
councilpersons Waters, Cooper, Matuszak, Porter,
Clarke and Mayor Malone
Motion was made bv Councilperson Porter to deny the request
of Fairmont Park Baptist Church for a special conditional use
permit. Second by Councilperson Clarke.
Councilperson Gay moved to amend the motion to approve the
permit if the buildinq was moved. City Attorney Askins stated
that this motion to amend was not in order.
The motion to deny the request was voted, and carried, 5 ayes
and 4 nays.
Nays:
Councilpersons Waters, Cooper, Porter, Clarke and
Mayor Malone
councilpersons Matuszak, McLaughlin, Skelton and Gay
Ayes:
10. Council considered approving a special conditional use permit
for International Cargo Network to allow dev~lopment of a
Planned Unit Development (PUD) to consist of a refrigerated
warehouse complex.
Motion was made bv Councilperson Clarke to approve the special
conditional use permit for International Carqo Network.
Second by Councilperson Waters. The motion carried, 9 ayes
and 0 nays.
.
.
..
EMPLOYEE OF THE QUARTER
DECEMBER, JANUARY AND FEBRUARY
1989-90
Leta Brown has been employed by the city of La Porte for over 13
years in various capacities. She transferred into the Public Works
Department from Code Enforcement in October of 1987.
Leta is a trusted and valued part of the Public Works department.
She willingly does all that is asked of her and spends whatever
time is needed to complete a task with no complaints. Her work is
always of a high quality and she requires very little direct
supervision. She has willingly assisted new secretaries in the
department in learning their duties and in adjusting to the daily
routine of Public Works.
Leta has a real knack for dealing with the public. Her experience
in other departments allows her to be able to either answer a
customer's questions or direct them to the proper person able to
resolve their problem. She is genuinely interested in helping
people, customers and employees alike. Her good nature and
pleasant manner make for a relaxed, yet competent office
environment.
Leta is an excellent employee who quietly performs her duties and
keeps the office running smoothly. She helps the staff in many
small ways that keeps department morale high. Her contributions
to the department are seldom notices by anyone outside of Public
Works; however, she is an integral part of the daily operations.
For these reasons, and to recognize Leta for her performance, I am
proud to name LETA BROWN as Employee of the Quarter for December,
January and February, 1989-90.
.
e
NAHE:
SUBJECT ON WHICH I WISH TO SPEAK:
O.p J3G-1,UA/9 Co~5
DATE:
~,z5- 90
ccnc~ ~ ;.k-rru-.
,~I) _J - /-L Y
\Y ~~ A::#-'" 1Z,..I.t', ~.,
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
-.....-...-.....----.........-----....-..--.--.--.----......------....--...........---.--...........-............-..-.......-....--.---....-.........--..-..............-.-.........--...........--..........-......................................................................................-....--..-.
Agenda Date Requested: April 23, 1990
Requested By: Steve Gillett ~~epartment:
XXX Report -l'~ Resolution
Public Works
Ordinance
Exhibits: Resolution No. 90 - 4
Grant Agreement
........---.--..........-...-.-........-....--...--.....................................................-.....--.............-..........................................................................................................................-.............................................-............... ......._...................~.....~....-......_...........-............._......
SUMMARY & RECOMMENDATION
The Federal Aviation Administration (FAA) has made a grant offer to the
City of La Porte for a Master Plan Update for the La Porte Municipal
Airport. The grant is in the amount of $72,000, with the City's 10% share
of $7,200. The Master Plan Update has been identified by the Airport
Advisory Board as essential to ensure the continued development of the
facility.
The City Council must pass a resolution accepting all standard conditions
of the grant, and authorizing the Mayor to execute the grant agreement.
The City's share of the project ($7,200) is available in the Airport Fund.
The Council should also authorize expenditure of these funds.
Currently, a Request For Proposal has been issued for qualified firms to
submitt on the project. The Airport Advisory Board will review the
submitted proposals, make a selection, and together with the FAA, negotiate
a contract to perform the work. The City Council will have final approval
of the selection and contract.
Action Required by Council: Approve Resolution No. 90 -- 4, and authorize
the expenditure of $7,200 from the Airport Fund for the development of a
Master Plan Update for the La Porte Municipal Airport.
---_.._.._---_....._..__..__.....__._........_.._...-~......__..........--........-.........-.-.....................................................-.......-........................-.-...........-.............._........_._..............._............_~...._.........._..-..--.......----.---...--
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
xxx
Account Number:
Funds Available: XXX YES
NO
.----.------.-.-...--..-.....-.......-..................-......--........._..........................._.._-_.......~......_........................-.......-......-....-..-.-......-..-...........--.-.--...................._._.......~..........._..._...............__.._...._..-.._.._.....-
Approved for City Council Aqenda
Q~~~
Robert T. Herrera
City Manager
.Lt ll${\qV
DATE
.-...-....-....--------......-.....-......--...-..........-...-..-....--..................................-.........................................................................-......-----................-...-..-.-.--.............----................-....-...-.-........-..........-...-..........-..................................-........
e
e
RESOLUTION NO. 90 - 4
A RESOLUTION ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION
ADMINISTRATION FOR AIRPORT PROJECT NO. 3 - 48 - 0127 - 05
WHEREAS, the City of La
herein), and the Department of
Administration (FAA), desire to
Agreement which provides Federal
Update for the La Porte Municipal
Porte, Texas (termed SPONSOR
Transportation, Federal Aviation
enter into a certain Grant
participation in a Master Plan
Airport; and
WHEREAS, in response to a request duly filed by SPONSOR, the
FAA has prepared said Grant Agreement, a copy of which is
attached, and has submitted it to SPONSOR for acceptance and
execution; and
WHEREAS, it is determined to be in the interest of SPONSOR
and FAA to accept said Grant Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF LA PORTE:
Section 1. That the City Council of the City
does hereby accept the provlslons of said Grant
Project No. 3 - 48 - 0127 - 05.
of La Porte
Agreement for
Section 2. That the Mayor of the City Of La Porte is hereby
authorized and directed to execute said Grant Agreement for and
on behalf of the City of La Porte.
PASSED AND APPROVED this 23rd day of April, 1990.
CITY OF LA PORTE
By
Norman Malone, Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney
e
e
~
~
o
u.s. Department
of Transportation
Federal Aviation
Administration
The Honorable Norman Malone
Mayor of La Porte
P.O. Box 1115
La Porte, TX 77571
Southwest Region Fort Worth, Texas 76193-0000
Arkansas, LouIsiana, -.t
New MeXICO, Oklahoma, J r ,,\,",'
Texas 0" 1(' ~
o ~ ~
'^cA <
~ ~ { \.
~ (j~ '!\ (,. _l"
\ - .):1" S'F
S ')c. ",I" \~O I
Q\". /' I' ~(,j .~ . I D
~ T ~}.).A I
..\:~ ~ ~'tIV,~ Ii'
l
APR 0 2 1990
rn@~DW~fR
II II
APR-6 W
Dear Mayor Malone:
We are pleased to issue a Grant Offer (2 copies) for an Airport
Master Plan Update for La Porte Municipal Airport.
After the Offer has been accepted and executed, please return
the original and retain the copy for your files. In order to
comply with the Certification of Compliance, the attorney's
signature date must not be prior to your acceptance of the
grant.
Please note Condition 6 on page 2 which requires acceptance of
this Grant Offer on or before May 15, 1990. Your attention
also is directed to Special Condition 1 on-page 3 which states
that any project costs incurred prior to the acceptance of this
grant and formal Notice to Proceed are not eligible for Federdl
participation.
If you have any questions, please do not hesitate to contact
our office.
Sincerely,
/ ;jc?~
John D. Anderson, Manager
Airports Planning Branch
Enclosure (2)
e
e
. /
. .
o
u.s. Department
of Transportation
Federal Aviation
Administration
Southwest Region
Arkansas. Louisiana.
New Mexico, Oklahoma,
Texas
Fort Worth, Texas 76193-0000
GRANT AGREEMENT
Part 1 - Offer
Date of Offer: APR 0 2 1990
LaPorte Municipal Airport
Project Number: 3-48-0127-05
Contract Number: DOT-FA-90-SW-8719
TO: The city of LaPorte, Texas
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal
Aviation Administration, herein called the "FAA")
WHEREAS, the sponsor has submitted to the FAA a Project Application
dated February 22, 1990, for a grant of Federal funds for a project at
or associated with the LaPorte Municipal Airport which Project
Application, as approved by the FAA, is hereby incorporated herein and
made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport or Planning
Area (herein called the "Project") consisting of the following:
Airport Master Plan Update
all as more particularly described in the Project Application.
FAA Form 5100-37 (1-90)
Page 1 of 5
e
e
NOW THEREFORE, pursuant to and for the purpose of carrying out the
provisions of the Airport and Airway Improvement Act of 1982, as
amended by the Airport and Airway Safety and Capacity Expansion Act of
1987, herein called the "Act," and/or the Aviation Safety and Noise
Abatement Act of 1979, and in consideration of (a) the Sponsor's
adoption and ratification of the representations and assurances
contained in said Project Application and its acceptance of this Offer
as hereinafter provided, and (b) the benefits to accrue to the United
States and the public from the accomplishment of the Project and
compliance with the assurances and conditions as herein provided, THE
FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED
STATES, HEREBY OFFERS AND AGREES to pay, as the united States share of
the allowable costs incurred in accomplishing the Project, 90 percent.
The Offer is made on and subject to the following terms and
conditions:
Conditions
1. The maximum obligation of the United States payable under this
offer shall be $72,000
$72,000 for planning.
2. The allowable costs of the project shall not include any costs
determined by the FAA to be ineligible for consideration as to
allowability under the Act.
3. Payment of the United States share of the allowable project costs
will be made pursuant to and in accordance with the provisions of
such regulations and procedures as the Secretary shall prescribe.
Final determination of the United States share will be based upon
the final audit of the total amount of allowable project costs and
settlement will be made for any upward or downward adjustments to
the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue
delays and in accordance with the terms hereof, and such
regulations and procedures as the Secretary shall prescribe, and
agrees to comply with the assurances which were made part of the
project application.
5. The FAA reserves the right to amend or withdraw this offer at any
time prior to its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be
obligated to pay any part of the costs of the project unless this
offer has been accepted by the sponsor on or before May 15, 1990
or such subsequent date as may be prescribed in writing by the
FAA.
FAA Form 5100-37 (1-90)
Page 2 of 5
e
e
7. The sponsor shall take all steps, including litigation
if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or
misused in any other manner in any project upon which Federal
funds have been expended. For the purposes of this grant
agreement, the term "Federal funds" means funds however used or
disbursed by the sponsor that were originally paid pursuant to
this or any other Federal grant agreement. It shall obtain the
approval of the Secretary as to any determination of the amount
of the Federal share of such funds. It shall return the recovered
Federal share, including funds recovered by settlement, order or
judgment, to the Secretary. It shall furnish to the Secretary,
upon request, all documents and records pertaining to the
determination of the amount of the Federal share or to any
settlement, litigation, negotiation, or other efforts taken to
recover such funds. All settlements or other final positions of
the sponsor, in court of otherwise, involving the recovery of such
Federal share shall be approved in advance by the Secretary.
8. The united States shall not be responsible or liable for damage to
property or injury to persons which may arise from, or be incident
to, compliance with this grant agreement.
Special Conditions
1. It is understood and agreed that any project costs incurred prior
to acceptance of this Grant and formal Notice to Proceed by the
FAA shall not be eligible for Federal participation.
2. The sponsor and its consultant will meet with the FAA to refine
the scope of work which will be approved by the FAA prior to
issuance of the Notice to Proceed.
3. The sponsor shall hold at least one public information briefing
prior to project completion regardless of whether a formal public
hearing is required.
4. The sponsor shall comply with the attached FAA Assurances.
FAA Form 5100-37 (1-90)
Page 3 of 5
e
e
The Sponsor's acceptance of this Offer and ratification and adoption
of the Project Application incorporated herein shall be evidenced by
execution of this instrument by the Sponsor, as hereinafter provided,
and this Offer and Acceptance shall comprise a Grant Agreement, as
provided by the Act, constituting the contractual obligations and
rights of the United States and the Sponsor with respect to the
accomplishment of the Project and compliance with the assurances and
conditions as provided herein. Such Grant Agreement shall become
effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
~/ /jJ~~
s+t.Jfiature
:;
John D. Anderson
Manaqer. Airports Planninq Branch
Title
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,
representations, warranties, covenants, and agreements contained in
the Project Application and incorporated materials referred to in the
foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in
this Offer and in the Project Application.
Executed this
day of
, 1990.
Name of Sponsor
( SEAL)
By:
Sponsor's Designated Official
Representative
Title:
Attest:
Title:
FAA Form 5100-37 (1-90)
Page 4 of 5
e
e
"
CERTIFICATE OF SPONSOR'S ATTORNEY
I,
do hereby certify:
, acting as Attorney for the Sponsor
That in my op1n1on the Sponsor is empowered to enter into the
foregoing Grant Agreement under the laws of the State of Texas.
Further, I have examined the foregoing Grant Agreement and the actions
taken by said Sponsor and relating thereto, and find that the
acceptance thereof by said Sponsor and Sponsor's official
representative has been duly authorized and that the execution
thereof is in all respects due and proper and in accordance with the
laws of the said State and the Act. In addition, for grants involving
projects to be carried out on property not owned by the Sponsor, there
are no legal impediments that will prevent full performance by the
Sponsor. Further, it is my opinion that the said Grant Agreement
constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof.
Dated at
this
day of
,1990
Signature of Sponsor's Attorney
FAA Form 5100-37 (1-90)
Page 5 of 5
.'
e
e
'-.'
ASSURAtJCES
Airport Sponsors
A. General
1. These assurances shall be complied with in the performance of
grant agreements for airport development, airport planning, and
noise compatibility program grants to airport sponsors.
2. These assurances are required to be submitted as part of the
project application by sponsors requesting funds under the
provisions of the Airport and Airway Improvement Act of 1982, as
amended by the Airport and Airway Safety and Capacity Expansion
Act of 1987, or the Aviation Safety and Noise Abatement Act of
1979. As used herein, the term "public agency sponsor" means a
public agency with contro: of ~ pub~ic-use airport; the term
"pr i 'Jate sponsor II means a ?r h <..:' ~.e ()i~.ner of a pUblic-use airport;
and the term "sponsor" includE.. public agency sponsors and
private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these
assurances are incorporated in and become part of the grant
agreement.
B. Duration and Applicability
1. Airport Development or Noise Compatibility Program Projects
Undertaken by a Public Agency Sponsor. The terms, conditions and
assurances of the grant agreement shall remain in full force and
effect throughout the useful life of the facilities developed or
equipment acquired for an airport development or noise
compatibility program project, or throughout the useful life or
the project items installed within a facility under a noise
compatibility program project, but in any event not to exceed
twenty (20) years from the date of acceptance of a grant offer of
Federal funds for the project. However, there shall be no limit
on the duration of the assurance against exclusive rights or the
terms, conditions, and assurances with respect to real property
acquired with Federal funds. Furthermore, the duration of the
Civil Rights assurance shall be as specified in the assurance.
2. Airport Development or Noise Compatibility Program Projects
Undertaken by a Private Sponsor. The preceding paragraph 1 also
applies to a private sponsor except that the useful life of
project items installed within a facility or the useful life of
facilities developed or equipment acquired under an airport
development or noise compatibility program project shall be no
less than 10 years from the date of the acceptance of Federal aid
for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise
specified in the grant agreement, only Assurances 1, 2, 3, 5, 6,
13, 18, 30, 32, 33, 34, and 36 in Section C apply to planning
projects. The terms, conditions, and assurances of tne grant
-,---
e
e
agreement shall remain in full force and effect during the life
of the project.
C. Sponsor Certification. The sponsor hereby assures and
certifies, with respect to this grant that:
1. General Federal Requirements. It will comply with all
applicable Federal laws, regulations, executive orders, policies,
guidelines and requirements as they relate to the application,
acceptance and use of Federal funds for this project including
but not limited to the following:
Federal Legislation
a. Federal Aviation Act of 1958 - 49 U.S.C. 1901, et seq.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq. 1/.
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act - 5 U.S.C. 1501, et seq. 2/
e. Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 - 42 U~S.C. 4601, et
seq. 1/ 2/
f. National Historic Preservation Act of 1966 - Section 106
- 16 U.S.C. 470(f). 1/
g. Archeological and Historic Preservation Act of 1974 - 16
U.S.C. 469 through 469c. 1/
h. Flood Disaster Protection Act of 1973 - Section 102(a) _
42 U.S.C. 4012a. 1/
i. Rehabilitation Act of 1973 - 29 U.S.C. 794.
j. civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d
through d-4.
k. Aviation Safety and Noise Abatement Act of 1979, 49
U.S.C. 2101, et seq.
1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et
seq. 1/
n. Airport and Airway Improvement Act of 1982, as amended 49
U.S.C. 2201, et seq.
o. Powerplant and Industrial Fuel Use Act of 1978 - Section
403 - 2 U.S.C. 8373. 1/
p. Contract Work Hours and Safety Standards Act - 40 U.S.C.
327, et seq. 1/
q. Copeland Antikickback Act - 18 U.S.C. 874. 1/
r. National Environmental Policy Act of 1969 - 42 U.S.C.
4321, et seq. 1/
s. Endangered Species Act - 16 U.S.C. 668(a), et seq. 1/
t. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. 2/
- u. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through
706.
Executive Orders
Executive Order 12372 - Intergovernmental Review of Federal
Programs
Executive Order 11246 - Equal Employment Opportunity 1/
e
e
Federal Regulations
a. 49 CFR Part 18 - Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local
Governments. 3/
b. 49 CFR Part 21 - Nondiscrimination in Federally-Assisted
Programs of the Department of Transportation _
Effectuation of Title VI of the Civil Rights Act of 1964.
c. 49 CFR Part 23 - Participation by Minority Business
Enterprise in Department of Transportation Programs.
d. 49 CFR Part 24 - Uniform Relocation Assistance and Real
Property Acquisition Regulation for Federal and Federally
Assisted Programs. 1/ 2/
e. 49 CFR Part 27 - Non-Discrimination on the Basis of
Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance. 1/
f. 49 CFR Part 29 - Debarments, Suspensions, and Voluntary
Exclusions.
g. 49 CFR Part 30 - Denial of Public Works Contracts to
Suppliers of Goods and Services of Countries That Deny
Procurement Market Access to U.S. Contractors.
h. 29 CFR Part 1 - Procedures for Predetermination of Wage
Rates. 1/
i. 29 CFR Part 3 - Contractors or Subcontractors on Public
Buildings or Public Works Financed in Whole or Part by
Loans or Grahts from u.S. 1/
j. 29 CFR Part 5 - Labor Standards provisions Applicable to
Contracts Covering Federally Financed and Assisted
Construction. 1/
k. 41 CFR Part 60 - Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of
Labor (Federal and Federally-assisted Contracting
Requirements). 1/
1. 14 CFR Part 150 - Airport Noise Compatibility Planning.
Office of Management and Budget Circulars
a.
A-87 - Cost Principles Applicable to Grants and Contracts
with State and Local Governments. 3/
A-128 - Audits of State and Local Governments. 2/
b.
1/
· 2/
3/
These laws do not apply to airport planning sponsors.
These laws do not apply to private sponsors.
49 CFR Part 18 and OMB Circular A-87 contain requirements
for State and local governments receiving Federal
assistance. Any requirement levied upon State and local
governments by this regulation and circular shall also be
applicable to private sponsors receiving Federal
assistance under the Airport and Airway Improvement Act
of 1982, as amended.
Specific assurances required to be included in grant agreements
by any of the above laws, regulations or circulars are
incorporated by reference in the grant agreement.
e
e
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply
for the grant, and to finance and carry out the proposed project;
that a resolution, motion or similar action has been duly adopted
or passed as an official act of the applicant's governing body
authorizing the filing of the application, including all
understandings and assurances contained therein, and directing
and authorizing the person identified as the official
representative of the applicant to act in connection with the
application and to provide such additional information as may be
required.
b. Private Sponsor: It has legal authority to apply for the
grant and to finance and carry out the proposed project and
comply with all terms, conditions, and assurances of this grant
agreement. It shall designate an official representative and
shall in writing direct and authorize that person to file this
application, including all understandings and assurances
contained therein; to act in connection with the application; and
to provide such additional information as may be required.
J. Sponsor Fund Availability. It has sufficient funds available
for that portion of the project costs which are not to be paid by
the United States. It has sufficient funds available to assure
operation and maintenance of items funded under the grant
agreement which it will own or control.
4. Good Title.
a. It holds good title, satisfactory to the Secretary, to
the landing area of the airport or site thereof, or will give
assurance satisfactory to the Secretary that good title will be
acquired.
b. For noise compatibility program projects to be carried
out on the property of the sponsor, it holds good title
satisfactory to the Secretary to that portion of the property
upon which Federal funds will be expended or will give assurance
to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate
to deprive it of any of the rights and powers' necessary to
perform any or all of the terms, conditions, and assurances in
the grant agreement without the written approval of the
Secretary, ' and will act promptly to acquire, extinguish or modify
any outstanding rights or claims of right of others which would
interfere with such performance by the sponsor. This shall be
done in a manner acceptable to the Secretary.
b. It will not sell, lease, encumber or otherwise transfer
or dispose of any part of its title or other interests in the
e
e
property shown on Exhibit A to this application or, for a noise
compatibility program project, that portion of the property upon
which Federal funds have been expended, for the duration of the
terms, conditions, and assurances in the grant agreement without
approval by the Secretary. If the transferee is found by the
Secretary to be eligible under the Airport and Airway Improvement
Act of 1982 to assume the obligations of the grant agreement and
to have the power, authority, and financial resources to carry
out all such obligations, the sponsor shall insert in the
contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transferee, all of the terms,
conditions and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to
be carried out by another unit of local government or are on
property owned by a unit of local government other than the
sponsor, it will enter into an agreement with that government.
Except as otherwise specified by the Secretary, that agreement
shall obligate that government to the same terms, conditions, and
assurances that would be applicable to it if it applied directly
to the FAA for a grant to undertake the noise compatibility
program project. That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce
this agreement against the local government if there is
substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried
out on privately owned property, it will enter into an agreement
with the owner of that property which includes provisions
specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is
supstantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps
satisfactory to the Secretary to ensure that the airport will
continue to function as a public-use airport in accordance with
these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of
the airport by any agency or person other than the sponsor or an
employee of the sponsor, the sponsor will reserve sufficient
rights and authority to insure that the airport will be operated
and maintained in accordance with the Airport and Airway
Improvement Act of 1982, the regulations and the terms,
conditions and assurances in the grant agree~ent and shall insure
that such arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably
consistent-with plans (existing at the time of SUbmission of this
application) of public agencies that are authorized by the State
in which the project is located to plan for the development of
the area surrounding the airport. For noise compatibility
program projects, other than land acquisition, to be carried out
on property not owned by the airport and over which property
e
e
another public agency has land
sponsor shall obtain from each
that such agency supports that
reasonably consistent with the
property.
use control or authority, the
such agency a written declaration
project and the project is
agency's plans regarding the
7. Consideration of Local Interest. It has given fair
consideration to the interest of communities in or near which the
project may be located.
8. Consultation with Users. In making a decision to undertake
any airport development project under the Airport and Airway
Improvement Act of 1982, it has undertaken reasonable
consultations with affected parties using the airport at which
project is proposed.
9. Public Hearings. In projects involving the location of an
airport, an airport runway, or a major runway extension, it has
afforded the opportunity for public hearings for the purpose of
considering the economic, social, and environmental effects of
the airport or runway location and its consistency with goals and
objectives of such planning as has been carried out by the
community. It shall, when requested by the Secretary, submit a
copy of the transcript of such hearings to the Secretary.
10. Air and Water Quality Standards. In projects involving
airport location, a major runway extension, or runway location it
will provide for the Governor of the state in which the project
is located to certify in writing to the Secretary that the
project will be located, designed, constructed, and operated so
as to comply with applicable air and water quality standards. In
any case where such standards have not been approved and where
applicable air and water quality standards have been promulgated
by the Administrator of the Environmental Protection Agency,
certification shall be obtained from such Administrator. Notice
of certification or refusal to certify shall be provided within
sixty days after the project application has been received by the
Secretary.
11. Local Approval. In projects involving the construction or
extension of any runway at any general aviation airport located
astride a line separating two counties within a single state, it
has received approval for the project from the governing body of
all villages incorporated under the laws of that state which are
located entirely within five miles of the nearest boundary of the
airport.
12. Terminal Development Prerequisites. For projects which
include terminal development at a public airport, it has, on the
date of submittal of the project grant application, all the
safety equipment required for certification of such airport under
section 612 of the Federal Aviation Act of 1958 and all the
security equipment required by rule or regulation, and has
provided for access to the passenger enplaning and deplaning area
e
e
of such airport to passengers enplaning or deplaning from
aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Recordkeeping Requirements.
a. It shall keep all project accounts and records which
fully disclose the amount and disposition by the recipient of the
proceeds of the grant, the total cost of the project in
connection with which the grant is given or used, and the amount
and nature of that portion of the cost of the project supplied by
other sources, and such other financial records pertinent to the
project. The accounts and records shall be kept in accordance
with an accounting system that will facilitate an effective audit
in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the
Comptroller General of the United States, or any of their duly
authorized representatives, for the purpose of audit and
examination, any books, documents, papers, and records of the
recipient that are pertinent to the grant. The Secretary may
require that an appropriate audit be conducted by a recipient.
In any case in which an independent audit is made of the accounts
of a sponsor relating to the disposition of the proceeds of a
grant or relating to the project in connection with which the
grant was given or used, it shall file a certified copy of such
audit with the Comptroller General of the United States not later
than 6 months following the close of the fiscal year for which
the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in
excess of $2,000 for work on any projects funded under the grant
agreement which involve labor, provisions establishing minimum
rates of wages, to be predetermined by the Secretary of Labor, in
accordance with the Davis-Bacon Act, as amended (40 U.S.C.
276a--276a-5), which contractors shall pay to skilled and
unskilled labor, and such minimum rates shall be stated in the
invitation for bids and shall be included in proposals or bids
for the work.
15. Veteran's Preference. It shall include, in all contracts for
work on any projects funded under the grant agreement which
involve labor, such provisions as are necessary to insure that,
in the employment of labor (except in executive, administrative,
and supervisory positions), preference shall be given to veterans
of the Vietnam era and disabled veterans as defined in Section
515(c) (1) and (2) of the Airport and Airway Improvement Act of
1982. However, this preference shall apply only where the
individuals are available and qualified to perform the work to
which the ~mployment relates.
16. Conformity to Plans and Specifications. It will execute the
project subject to plans, specifications, and schedules approved
by the Secretary. Such plans, specifications, and schedules
shall be submitted to the Secretary prior to commencement of site
e
e
preparation, construction, or other performance under this grant
agreement, and, upon approval by the Secretary, shall be
incorporated into this grant agreement. Any modifications to the
approved plans, specifications, and schedules shall also be
subject to approval by the Secretary and incorporation into the
grant agreement.
17. Construction Inspection and Approval. It will provide and
maintain competent technical supervision at the construction site
throughout the project to assure that the work conforms with the
plans, specifications, and schedules approved by the Secretary
for the project. It shall subject the construction work on any
project contained in an approved project application to
inspection and approval by the Secretary and such work shall be
in accordance with regulations and procedures prescribed by the
Secretary. Such regulations and procedures shall require such
cost and progress reporting by the sponsor or sponsors of such
project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the
approved program narrative contained in the project application
or with modifications similarly approved.
b. It will furnish the Secretary with such periodic reports
as required pertaining to the planning project and planning work
activities.
c. It will include in all published material prepared in
connection with the planning project a notice that the material
was prepared under a grant provided by the United States.
d. It will make such material available for exami~ation by
the public, and agrees that no material prepared with funds under
this project shall be subject to copyright in the United States
or any other country.
e. It will give the Secretary unrestricted authority to
pUblish, disclose, distribute, and otherwise use any of the
material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the
Sponsor's employment of specific consultants and their
subcontractors to do all or any part of this project as well as
the right to disapprove the proposed scope and cost of
professional services.
g. It will grant the Secretary the right to disapprove the
use of the sponsor's employees to do all or any part of the
project.
h. It understands and agrees that the Secretary's approval
of this project grant or the Secretary's approval of any planning
e
e
material developed as part of this grant does not constitute or
imply any assurance or commitment on the part of the Secretary to
approve any pending or future application for a Federal airport
grant.
19. Operation and Maintenance.
a. It will suitably operate and maintain the airport and all
facilities thereon or connected therewith, with due regard to
climatic and flood conditions. Any proposal to temporarily close
the airport for nonaeronautical purposes must first be approved
by the Secretary. The airport and all facilities which are
necessary to serve the aeronautical users of the airport, other
than facilities owned or controlled by the United States, shall
be operated at all times in a safe and serviceable condition and
in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for
maintenance and operation. It will not cause or permit any
activity or action thereon which would interfere with its use for
airport purposes.
In furtherance of this assurance, the sponsor will have in effect
at all times arrangements for--
(1) Operating the airport's aeronautical facilities
whenever required;
(2) Promptly marking and lighting hazards resulting from
airport conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting
aeronautical use of the airport.
Nothing contained herein shall be construed to require that the
airport be operated for aeronautical use during temporary periods
when snow, flood or other climatic conditions interfere with such
operation and maintenance. Further, nothing herein shall be
construed as requiring the maintenance, repair, restoration, or
replacement of any structure or facility which is substantially
damaged or destroyed due to an act of God or other condition or
circumstance beyond the control of the sponsor.
b. It will suitable operate and maintain noise compatibility
program items that it owns or controls upon which Federal funds
have been expended.
20. Hazard Removal and Mitigation. It will take appropriate
action to assure that such terminal airspace as is required to
protect instrument and visual operations to the airport
(including established minimum flight altitudes) will be
adequately cleared and protected by removing, lowering,
relocating, marking, or lighting or otherwise mitigating existing
airport hazards and by preventing the establishment or creation
of future airport hazards.
e
e
21. Compatible Land Use. It will take appropriate action,
including the adoption of zoning laws, to the extent reasonable,
to restrict the use of land adjacent to or in the immediate
vicinity of the airport to activities and purposes compatible
with normal airport operations, including landing and takeoff of
aircraft. In addition, if the project is for noise compatibility
program implementation, it will not cause or permit any change in
land use, within its jurisdiction, that will reduce the
compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make its airport available as an airport for
public use on fair and reasonable terms and without unjust
discrimination, to all types, kinds, and classes of aeronautical
uses.
b. In any agreement, contract, lease or other arrangement
under which a right or privilege at the airport is granted to any
person, firm, or corporation to conduct or engage in any
aeronautical activity for furnishing services to the public at
the airport, the sponsor will insert and enforce provisions
requiring the contractor to --
(1) furnish said services on a fair, equal, and not
unjustly discriminatory basis to all users thereof, and
(2) charge fair, reasonable, and not unjustly
discriminatory prices for each unit or service, provided,
that the contractor may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types
of price reductions to volume purchasers.
c. Each fixed-based operator at any airport owned by the
sponsor shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other
fixed-based operators making the same or similar uses of such
airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right
to service itself or to use any fixed-based operator that is
authorized or permitted by the airport to ser,ve any air carrier
at such airport.
e. Each air carrier using such airport (whether as a tenant,
nontenant, -or subtenant of another air carrier tenant) shall be
subject to such nondiscriminatory and substantially comparable
rules, regulations, conditions, rates, fees, rentals, and other
charges with respect to facilities directly and substantially
related to providing air transportation as are applicable to all
such air carriers which make similar use of such airport and
e
e
which utilize similar facilities, subject to reasonable
classifications such as tenants or nontenants and signatory
carriers and nonsignatory carriers. Classification or status as
tenant or signatory shall not be unreasonably withheld by any
airport provided an air carrier assumes obligations substantially
similar to those already imposed on air carriers in such
classifications or status.
f. It will not exercise or grant any right or privilege
which operates to prevent any person, firm, or corporation
operating aircraft on the airport from performing any services on
its own aircraft with its own employees (including, but not
limited to maintenance, repair, and fueling) that it may choose
to perform.
g. In the event the sponsor itself exercises any of the
rights and privileges referred to in this assurance, the services
involved will be provided on the same conditions as would apply
to the furnishing of such services by contractors or
concessionaires of the sponsor under these provisions.
h. The sponsor may establish such fair, equal, and not
unjustly discriminatory conditions to be met by all users of the
airport as may be necessary for the safe and efficient operation
of the airport.
i. The sponsor may prohibit or limit any given type, kind,
or class of aeronautical use of the airport if such action is
necessary for the safe operation of the airport or necessary to
serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the
use of the airport by any persons providing, or intending to
provide, aeronautical services to the public. For purposes of
this paragraph, the providing of services at an airport by a
single fixed-based operator shall not be construed as an
exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or
impractical for more than one fixed-based operator to provide
such services, and
b. It allowing more than one fixed-based operator to provide
such services would require the reduction of space leased
pursuant to an existing agreement between such single fixed-based
operator and such airport.
It further agrees that it will not, either directly or
indirectly~ grant or permit any person, firm or corporation the
exclusive right at the airport, or at any other airport now owned
or controlled by it, to conduct any aeronautical activities,
including, but not limited to charter flights, pilot training,
aircraft rental and sightseeing, aerial photography, crop
dusting, aerial advertising and surveying, air carrier
e
e
operations, aircraft sales and services, sale of aviation
petroleum products whether or not conducted in conjunction with
other aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which because of
their direct relationship to the operation of aircraft can be
regarded as an aeronautical activity, and that it will terminate
any exclusive right to conduct an aeronautical activity now
existing at such an airport before the grant of any assistance
under the Airport and Airway Improvement Act of 1982.
24. Fee and Rental Structure. It will maintain a fee and rental
structure consistent with Assurance 22 and 23, for the facilities
and services being provided the airport users which will make the
airport as self-sustaining as possible under the circumstances
existing at the particular airport, taking into account such
factors as the volume of traffic and economy of collection. No
part of the Federal share of an airport development, airport
planning or noise compatibility project for which a grant is made
under the Airport and Airway Improvement Act of 1982, the Federal
Airport Act or the Airport and Airway Development Act of 1970
shall be included in the rate base in establishing fees, rates,
and charges for users of that airport.
25. Airport Revenue. If the airport is under the control of a
public agency, all revenues generated by the airport and any
local taxes on aviation fuel established after December 30,
1987, will be expended by it for the capital or operating costs
of the airport; the local airport system; or other local
facilities which are owned or operated by the owner or operator
of the airport and directly and substantially related to the
actual air transportation of passengers or property; or for noise
mitigation purposes on or off the airport. Provided, however,
that if covenants or assurances in debt obligations issued before
September 3, 1982, by the owner or operator of the airport, or
provisions enacted before September 3, 1982, in governing
statutes controlling the owner or operator's financing, provide
for the use of the revenues from any of the airport owner or
operator's facilities, including the airport, to support not only
the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use
of all revenues generated by the airport (and, in the case of a
public airport, local taxes on aviation fuel) shall not apply.
26. Reports and Inspections. It will submit to the Secretary
such annual or special financial and operations reports as the
Secretary may reasonably request. For airport development
projects, it will also make the airport and all airport records
and documents affecting the airport, including deeds, leases,
operation and use agreements, regulations and other instruments,
available for inspection by any duly authorized agent of the
Secretary upon reasonable request. For noise compatibility
program projects, it will also make records and documents
relating to the project and continued compliance with the terms,
conditions, and assurances of the grant agreement including
e
e
deeds, leases, agreements, regulations, and other instruments,
available for inspection by any duly authorized agent of the
Secretary upon reasonable request.
27. Use of Government Aircraft. It will make available all of
the facilities of the airport developed with Federal financial
assistance and all those usable for landing and takeoff of
aircraft to the United States for use by Government aircraft in
common with other aircraft at all times without charge, except,
if the use by Government aircraft is substantial, charge may be
made for a reasonable share, proportional to such use, for the
cost of operating and maintaining the facilities used. Unless
otherwise determined by the Secretary, or otherwise agreed to by
the sponsor and the using agency, substantial use of an airport
by Government aircraft will be considered to exist when
operations of such aircraft are in excess of those which, 1n the
opinion of the Secretary, would unduly interfere with use of the
landing areas by other authorized aircraft, or during any
calendar month that
a. Five (5) or more Government aircraft are regularly based
at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a
movement) of Government aircraft is 300 or more, or the gross
accumulative weight ,of Government aircraft using the airport (the
total movements of Government aircraft multiplied by gross
weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to
the Federal Government for use in connection with any air traffic
control or air navigation activities, or weather-reporting and
communication activities related to air traffic control, any
areas of land or water, or estate therein, or rights in buildings
of the sponsor as the Secretary considers necessary or desirable
for construction, operation, and maintenance at Federal expense
of space or facilities for such purposes. . Such areas or any
portion thereof will be made available as provided herein within
four months after receipt of a written request from the
Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout
plan of the airport showing (1) boundaries of. the airport and all
proposed additions thereto, together with the boundaries of all
offsite areas owned or controlled by the sponsor for airport
purposes and proposed additions thereto; (2) the location and
nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal
buildings, hangars and roads), including all proposed extensions
and reductions of existing airport facilities: and (3) the
location of all existing and proposed nonaviation areas and of
all existing improvements thereon. Such airport layout plan and
e
e
each amendment, revision, or modification thereof, shall be
subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of
the Secretary on the face of the airport layout plan. The
sponsor will not make or permit any changes or alterations in the
airport or in any of its facilities which are not in conformity
with the airport layout plan as approved by the Secretary and
which might, in the opinion of the Secretary, adversely affect
the safety, utility, or efficiency of the airport.
b. If a change or alteration in the airport or its
facilities is made which the Secretary determines adversely
affects the safety, utility, or efficiency of any federally
owned, leased, or funded property on or off the airport and which
is not in conformity with the airport layout plan as approved by
the Secretary, the owner or operator will, if requested by the
Secretary (1) eliminate such adverse effect in a manner approved
by the Secretary; or (2) bear all costs of relocating such
property (or replacement thereof) to a site acceptable to the
Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency,
and cost of operation existing before the unapproved change in
the airport or its facilities.
30. civil Rights. It will comply with such rules as are
promulgated to assure that no person shall, on the grounds of
race, creed, color, national origin, sex, age, or handicap be
excluded from participating in any activity conducted with or
benefiting from funds received from this grant. This assurance
obligates the sponsor for the period during which Federal
financial assistance is extended to the program, except where
Federal financial assistance is to provide, or is in the form of
personal property or real property or interest therein or
structures or improvements thereon, in which case the assurance
obligates the sponsor or any transferee for the longer of the
following periods: (a) the period during which the property is
used for a purpose for which Federal financial assistance is
extended, or for another purpose involving the provision of
similar services or benefits or (b) the period during which the
sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant before, on, or after
December 30, 1987, for airport noise compatibility purposes, it
will dispose of the land, when the land is no longer needed for
such purposes, at fair market value at the earliest practicable
time. That portion of the proceeds of such disposition which is
proportionate to the United States share of acquisition of such
land will, at the discretion of the Secretary, 1) be paid to the
Secretary for deposit in the Trust Fund or 2) be reinvested in an
approved noise compatibility project as prescribed by the
Secretary.
e
e
b. For land purchased for airport purposes (other than noise
compatibility) under a grant before, on, or after December 30,
1987, it will, when the land is no longer needed for airport
purposes, dispose of such land at fair market value. That
portion of the proceeds of such disposition, which is
proportionate to the United states share of the cost of
acquisition of such land will be paid to the Secretary for
deposit in the Trust Fund.
c. Disposition of such land under a. and b. above will be
subject to the retention or reservation on any interest or right
therein necessary to ensure that such land will only be used for
purposes which are compatible with noise levels associated with
the operation of the airport.
32. Engineering and Design Services. It will award each
contract, or sub-contract for program management, construction
management, planning studies, feasibility studies, architectural
services, preliminary engineering, design, engineering,
surveying, mapping, or related services with respect to the
project in the same manner as a contract for architectural and
engineering services is negotiated under title IX of the Federal
Property and Administrative Services Act of 1949 or an equivalent
qualifications-based requirement prescribed for or by the sponsor
of the airport.
33. Foreign Market Restrictions. It will not allow funds
provided under this grant to be used to fund any project which
uses any product or service of a foreign country during the
period in which such foreign country is listed by the United
States Trade Representative as denying fair and equitable market
opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies, standards, and Specifications. It will carry
out the project in accordance with policies, standards, and
specifications approved by the Secretary including but not
limited to the advisory circulars listed in the "Current FAA
Advisory Circulars for AlP proj ects," datedFF9 08 1990 and included
in this grant, and in accordance with applicable state policies,
standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will
be guided in acquiring real property, to the greatest extent
practicable under State law, by the land acquisition policies in
Subpart B of 49 CFR Part 24 and will payor reimburse property
owners for necessary expenses as specified in Subpart B. (2) It
will provide a relocation assistance program offering the
services tlescribed in Subpart C and fair and reasonable
relocation payments and assistance to displaced persons as
required in Subparts D and E of 49 CFR Part 24. (3) It will
make available within a reasonable period of time prior to
displacement comparable replacement dwellings to displaced
persons in accordance with Subpart E of 49 CFR Part 24.
e
e
36. Drug-Free Workplace. It will provide a drug-free workplace
at the site of work specified in the grant application in
accordance with 49 CFR Part 29 by (1) publishing a statement
notifying its employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled
substance is prohibited in the sponsor's workplace and specifying
the actions that will be taken against its employees for
violation of such prohibition; (2) establishing a drug-free
awareness program to inform its employees about the dangers of
drug abuse in the workplace and any available drug counseling,
rehabilitation, and employees assistance programs; (3) notifying
the FAA within ten days after receiving notice of an employee
criminal drug statute conviction for a violation occurring in the
workplace; and (4) making a good faith effort to maintain a
drug-free workplace.
e
e
CONSIDER RESOLUTION ACCEPTING GRANT OFFER FROM THE FEDERAL AVIATION
ADMINISTRATION FOR AIRPORT PROJECT NO. 3-48-0127-05 (Res. 90-4) -
R. Herrera
Motion by &~
Second by _ _
VOTE:
Waters
Cooper
Matuszak
MCLaughlin
J$r
Skelton
Clarke
~on~/
Motion carried
FOR
~feated
AGAINST
Tabled
ABSTAIN
,-. ..
e
.
CONSIDER CALLING SPECIAL MEETING FOR MAY 7, 1990, TO CANVASS MAY
5 ELECTION AND SEAT NEW COUNCILMEMBERS - K. Askins
Motion by
Second by
VOTE:
Waters
Cooper
Matuszak
McLaughlin
Porter
~
Skelton
Clarke
~lo~
Motion carried
1!:/~
FOR
~ Defeated
AGAINST
Tabled
ABSTAIN
e
e
MEMORANDUM
April 17, 1990
TO: Robert Herrera, city Manager
FROM: Cherie Black, City Secretary
SUBJECT: Holiday Meeting Schedule
The regular meeting of Council scheduled for May 28 falls on a City
holiday. Since it will be necessary to schedule a special meeting
on May 7 to canvass the May 5 election, I would like to suggest
setting the May meeting dates for May 7 and May 21.
(!hUR-gtd
Cherie Black
City Secretary
.
e
e
CONSIDER CHANGING MAY 28 MEETING DATE IN ORDER TO ACCOMMODATE CITY
HOLIDAY SCHEDULE - C. Black
Motion by
Second by
VOTE:
Waters
Cooper
Matuszak
McLaughlin
Porter
~
Skelton
Clarke
CMal~
~~&:./
FOR
~ Defeated
Motion carried
AGAINST
Tabled
ABSTAIN
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: ~.APr~l 23, 1990
Requested By: L. Rig~~ Department:
Report \Resolution
Purchasing
Ordinance
Exhibits:
SUMMARY & RECOMMENDATION
The Houston-Galveston Area Council requires an interlocal
agreement be signed each year for any purchases that the
City may make through them during the year.
Action Required by Council:
Approve interlocal agreement with H.G.A.C.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Number:
Funds Available:
YES
NO
Approved for Citv Council Agenda
(2~ \1 ~
Robert T. Herrera
City Manager
L\ \ \~\90
DATE
e
e
HOUSTON-GALVESTON AREA COUNCIL
INTER LOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT (.~reement.), lIlllde "and ~nured into pursuant to the Inurlocal
Cooperation Act (Article 4413(32c) V.T.C.S.} by and bebteen the Houston-Galveston Area Council,
hereinafter referred to as H-GAC, having its princi pal plac~ of business at 3555 Tfanons lane,
Suite SOD, Houston, Texas 77027 and ,
h~reinafter referred to as the local government having its principal place of business
at
WITNESSETH:
WHEREAS, H-rJ..C is a regional planning corrrnission created under Acts of the !iHh legislature,
Regular Session, 1965, recodified as Chapter 391 Texas Local Government Code; and
WHEREAS, H-GAC has entered into an agreement with the local government on the day
of ,19_and -
WHEREAS, the local government desires to purchase certain governmental administratfve functions,
goods or services; and
WHEREAS, H-GAC hereby agrees to perform the scope of services outl ined in Article 5 as
hereinafter sped fied in accordance with the Agreement, and
NOW, THEREFORE, H-GAC and the local government do hereby agree as follows:
MTICLE 1 LEGAL AUTHOR!TY
The local government warrants and assures H-GAC that it' possesses adequate legal authOrity to
enter into this Agreement. The local government's governing body has authorized the signatory
offi cial (s) to enter into this Agreement and bind the local government to the terms of this
Agreement and any subsequent amendments hereto.
ARTICLE 2 APPLICABLE L~S
H-GAC and the local government agree to conduct all activities under thts I9reement in
accordance with all appli cabl e rul es, regulations, ordinances and laws in effect or promul gated
during the term of this Agreement.
AATICLE 3 WH:lLE Al;qW-Inn
The Interlocal Agreement and Attachments, as provided herein, constftute the coDlplete Agreement
between the parties hereto, and supersedes any and all oral and ~r1tten agreelllents between the
parties relating to matters herein. Except as otherwise provided h~rein, this I9reement cannot
be modified without written consent of the parties.
ARTICLE 4 PERF'ORMANCE PER 100
The period of this Interlocal Agreement shall be for the (balance of) fiscal year of the local
go..errrnent ""hich begins ,19 and ends ,19 . This contract shall
thereafter automatically be renewed annualry-for ~ach succeeding fIscal year, provided that such
rene""al shall not have the effect of extending the period in which the local government lIlllY make
any payment due H-GAC beyond the fi scal year 1n which such obligation was incurred under this
Agreement.
H-GAC or the local government may cancel this Agreement at any time upon 30 days written notice
to the oth~r party to this Agreement. The obligations of the local government, including its
obligation to pay H-GAC for all costs incurred under this Agreement prior to such notice shall
survive such cancellation, as well as any other obligation incurred under this Agreement, until
performed or discharged by the local government. .
MTICLE 5 SCOPE OF SERVICES
The 10c4' government appoints H-GAC its true and h""ful purchasing 1gent for the purchase of
certain IlIaterfah and services through the Council's Cooperative Purchasing Pro grail , IS
enumerlud through the submission of a duly executed purchase order, order for. or resolution.
All III&terial purchased hereunder shall be in accordance with specifications established by H-GAC.
1/12/90--385F
. .
e
e
The mterial s and services shall be procured in accordance with procedures governing colD~titfve
bidding by H-GAC; and at the unit prices and adMinistrative fee as indicated in the current H-GAC
Order Form and Price Lists.
D.lnership (title) of material purchased shall transfer directly frClll the vendor to the local
government. The local government agrees to provide H-GAC with documentation of receipt and
acceptance of material within five (5) days of acceptance of same.
AATI CLE 6 P A YM ENTS
The local government agrees that, upon the presentation by H-GAC of a properly documented,
verified proof of performance and a statement of costs H-GAC has incurred in accordance with the
terms of this .f9reement, it shall pay H-GAC, from current revenUeS available to the local
government durlng the current fiscal year, on or before the date of the delivery of aaterfals
and services to be provided under this agreement.
AA Tl CL E 7 CH AH G ES AND N-\ EN[)-\ EN TS
My alterations, additions, or deletions to the terms of this h.:lr~ement which are required by
changes in Federal and State law or regulations are automatfcally incorporated into this
Agreement without written amendment hereto, and shall become effective on the date designated by
such law or regulatIon.
H-GAC may, from time to time, require changes in the scope of the services offered through the
H-GAC Cooperative Purchasing Program to be performed hereunder.
AATICLE 8 TERMINATION PROCEDURES
Ei ther H-GAC or the local government may cancel or terminate this I9reement upon thirt,)' (30)
days written notice by certified mail to the other party. In the event of such termination
prior to completion of any purchase provided for herein, the local government agrees to pay for
services on a prorated basis for materials and Hrvices actually provided and invoiced in
accordanCe with the terms of this Agreelllent, including penalties, less payment of any
compensation previously paid.
AATICLE 9 SEVERMILlTY
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforcea~le, such determination shall not effect any other teT'1ll of this Agreement, which shall
continue in full force and effect.
AATICLE 10 FORCE MAJE~E
To the extent that either party to this Agreement shall be wholly or partially prevented from
the perfonnance w1thin the term speCified of any obligation or dut,)' placed on such part,)' by
reason of or through strikes, stoppage of labor, riot, fire, flood, acts of ~ar, insurrection,
acci dent, jud gement, act of Q:ld, or s pecHi c cause reas onab 11 beyond the parti es' control and
not attributable to its neglect or nonfeasance, in such event, the time for the perforlllllnce of
such obligation or duty shall be suspended until such disabili ~ to perfoT'1ll is removed.
Deterlllination of force majeure shall rest solell with H-GAC.
ARTICLE 11 VENUE
Venue and jurisdicti on of any suit, or cause of action arising under or in connection with the
Agreement shall lie exclusively in Harris County, Texas.
This instrument, in duplicate originals, ,has been executed by the parties hereto IS follows:
t<<>USlON-G.ALVESlON AREA COUNCIL
loCI 1 Governmen t
BY Date
Manager Of uaoperative PurChas1ng
BY
DATE
BY
Date
Official
Jack Steel e
Executive Director
1/12/90--385F
e
e
CONSIDER APPROVING INTERLOCAL PURCHASING AGREEMENT WITH HOUSTON-
GALVESTON AREA COUNCIL - L. Rigby
Motion by
Second by
~J!Jd;
VOTE:
FOR
AGAINST
ABSTAIN
Waters
Cooper
Matuszak
McLaughlin
Porter
~
Skelton
Clarke
Qfa 1 one=>
Motion carried
/ Defeated
Tabled
e
e
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 23, 1990
Requested By: L. RigbY$~~ Department:
Report Resolution
Purchasing
Ordinance
Exhibits:
Interlocal Agreement.
SUMMARY & RECOMMENDATION
The City of Bay town , through a cooperative purchasing
agreement, bid the purchase of malathion for the Cities
of Bay town , La Porte and Seabrook. An interlocal agree-
ment between the three cities must be executed before' the
City of La Porte may purchase from this contract.
The City of La Porte estimated a need of 13 barrels of
malathion for the yearly mosquito spraying at a cost of
$899.10 per barrel. Total estimated cost is $11,688.30.
This represents a savings of $38.34 per barrel over last
year's cost.
Action Required by Council:
Approve interlocal agreement with Cities of Bay town and
Seabrook, and approve purchase of malathion.
Availability of Funds:
x
General Fund
Capital Improvement
Other Golf Course
Water/Wastewater
General Revenue Sharing
x
Account Number:
001700701207
028800811207
Funas Available: II YES
NO
Approved for City Council Agenda
Q~T,~
Robert T. Herrera
City Manager
y \ \ <6 \ (\ V
DATE .
e
e
THE STATE OF TEXAS
COUNTY OF HARRIS
THIS AGREEMENT made this day of , 19___,
between the CITY OF BAYTOWN, Texas, the CITY OF LA PORTE, Texas,
and the CITY OF SEABROOK, Texas.
WIT N E SSE T H:
Pursuant to the authority granted by the Texas Interlocal
Cooperation Act (Article 4413 (32c) V.A.T.S.) providing for the
cooperation between local governmental bodies, the parties
hereto, in consideration of the premises and mutual promises
contained herein, agree to as follows:
I
The City of Bay town, hereinafter referred to as "City,"
shall be the true and lawful purchasing agent for the purchase of
malathion. The quantity and type of malathion purchased shall be
as specified in the City of Bay town's Bid No. 9012-23. The terms
of this bid shall govern the price, quantity, the date and
location of delivery, and the billing instructions.
II
The City agrees that all specifications for said items shall
be as determined by the City, the City of La Porte, and the City
of Seabrook.
III
The Cities, by execution of this agreement, agree to
directly pay the vendor after complete shipment of its order and
receipt of a proper invoice. The payment shall be the full cash
amount of each Cities' portion of the joint order.
IV
This agreement shall take effect
signatories and shall serve as each
purchase the malathion defined in Bid No.
upon execution by the
Cities' commitment to
9012-23.
V
This agreement shall be in effect from the date of execution
until
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their authorized officers the day and
year first above written.
CITY OF BAYTOWN
B~#.<~-,:'ljI((},L~(~
EMMETT O. HUTTO, Mayor
e
e
ATTEST:
2~4/{1 ~
EILEEN P. ALL: City Clerk
CITY OF LA PORTE
By
NORMAN L. MALONE, Mayor
ATTEST:
CHERIE BLACK, City Clerk
CITY OF SEABROOK
By I tcoC,(, ,': ()kl'
A'rTEST:
(.
\
\'. ':'
;...::---' '
(IY-"'}fCO) "\U_/)J\ JD Q t 0 Q
~LYN p, SWELL, Clty Secretary
C:5:26:1
- 2 -
e
e
THE STATE OF TEXAS
COUNTY OF HARRIS
THIS AGREEMENT made this day of , 19_"
between the CITY OF BAYTOWN, Texas, the CITY OF LA PORTE, Texas,
and the CITY OF SEABROOK, Texas.
WIT N E SSE T H:
Pursuant to the authority granted by the Texas Interlocal
Cooperation Act (Article 4413 (32c) V.A.T.S.) providing for the
cooperation between local governmental bodies, the parties
hereto, in consideration of the premises and mutual promises
contained herein, agree to as follows:
I
The City of Bay town, hereinafter referred to as "City,"
shall be the true and lawful purchasing agent for the purchase of
malathion. The quantity and type of malathion purchased shall be
as specified in the City of Bay town's Bid No. 9012-23. The terms
of this bid shall govern the price, quantity, the date and
location of delivery, and the billing instructions.
II
The City agrees that all specifications for said items shall
be as determined by the City, the City of La Porte, and the City
of Seabrook.
III
The Cities, by execution of this agreement, agree to
directly pay the vendor after complete shipment of its order and
receipt of a proper invoice. The payment shall be the full cash
amount of each Cities' portion of the joint order.
IV
This agreement shall take effect
signatories and shall serve as each
purchase the malathion defined in Bid No.
upon execution by the
Cities' commitment to
9012-23.
V
This agreement shall be in effect from the date of execution
until
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their authorized officers the day and
year first above written.
CITY OF BAYTOWN
- I
-/r"\':. .--- . '/'. > ,--- '// ":;" ..
By'-.( r.:'. -1'- "1'. r:r.""-t.~ t ,,(. _ /Q:, (-. C. f.. c: l'- >
{EMMETT O. HUTTO, Mayor
e
e
ATTEST:
~j)~
EILEEN P. HALL, City Clerk
CITY OF LA PORTE
By
NORMAN L. MALONE, Mayor
ATTEST:
CHERIE BLACK, City Clerk
CITY OF SEABROOK
By
L/)~(;.&(
HAROLD 1..
ATTEST:
(~
)
/
~UJJ)f:Q-Q
RSWELL, City Secretary
C:5:26:l
- 2 -
e
e
THE STATE OF TEXAS
COUNTY OF HARRIS
THIS AGREEMENT made this day of , 19___,
between the CITY OF BAYTOWN, Texas, the CITY OF LA PORTE, Texas,
and the CITY OF SEABROOK, Texas.
WIT N E SSE T H:
Pursuant to the authority granted by the Texas Interlocal
Cooperation Act (Article 4413 (32c) V.A.T.S.) providing for the
cooperation between local governmental bodies, the parties
hereto, in consideration of the premises and mutual promises
contained herein, agree to as follows:
I
The City of Bay town, hereinafter referred to as "City,"
shall be the true and lawful purchasing agent for the purchase of
malathion. The quantity and type of malathion purchased shall be
as specified in the City of Bay town's Bid No. 9012-23. The terms
of this bid shall govern the price, quantity, the date and
location of delivery, and the billing instructions.
II
The City agrees that all specifications for said items shall
be as determined by the City, the City of La Porte, and the City
of Seabrook.
III
The Cities, by execution of this agreement, agree to
directly pay the vendor after complete shipment of its order and
receipt of a proper invoice. The payment shall be the full cash
amount of each Cities' portion of the joint order.
IV
This agreement shall take effect
signatories and shall serve as each
purchase the malathion defined in Bid No.
upon execution by the
Cities' commitment to
9012-23.
v
This agreement shall be in effect from the date of execution
until
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their authorized officers the day and
year first above written.
CITY OF BAYTOWN
B~ ~ . n p-Ld. ,} OiA2:1.</'--J
EMMETT O. HUTTO, Mayor
e
e
ATTEST:
j-~/a ~k'
EILEEN P. HALL, City Clerk
CITY OF LA PORTE
By
NORMAN L. MALONE, Mayor
ATTEST:
CHERIE BLACK, City Clerk
CITY OF SEABROOK
IJ "I r;/)
., ,', "' ,. I
By', C'J l<( J ' /1,1/, k.,,, _
HAROLD L. GRAHAM, Mayor
ATTEST:
,",
~ . \
/ \ ll)
(n\fr..~) JtjJ.UUJCQQ/
EfE't,YN P RSWELL, Ci ty Secretary
C:5:26:1
- 2 -
. .
e
e
CONSIDER APPROVING INTERLOCAL AGREEMENT WITH CITIES OF BAYTOWN AND
SEABROOK FOR PURCHASE OF MALATHION - L. Rigby
Motion by ~j ~ti: '
Second by ~
VOTE:
FOR
Waters
Cooper
Matuszak
McLaughlin
Porter
~
Skelton
Clarke
C ~alone -=>
/ Defeated
Motion carried
AGAINST
Tabled
ABSTAIN
, .
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: ApJvi.1. 23, 1990
Requested By:
stan ShVtWood
Department:
PnhbA rlVlrl TlOf'hf/rlti"nVl
x
Report
Resolution
Ordinance
Exhibits:
I ntVt - 0 6 6ic.e. me.mOll.andum 6ftom PUl1.c.hMing Manag Vt -6 e.a1.e.d bid # 0367 - 32- 3 6 PaM e.ng Vt BU-6
SUMMARY << RECOMMENDATION
Seale.d bid-6 #0367 60ft a 32-36 pM-6e.ngVt bU-6 wVte. ope.ne.d and fte.ad on Maftc.h 26, 1990.
Inv..i.;t.a.tion6 60ft bidding the. bM wVte. mute.d to afte.a de.a1.Vl..6, with two 06 the. de.a1.Vl..6
fte..6poncUng w.d.h a bid. The. low bid WM -6ubmLUe.d by Longhoftn BU-6 in the. amount 06
$40,237.00
Sinc.e. $22,700 wa-6 budgete.d, -6ta66 fte.c.omme.nd-6 delay 06 pUl1.c.ha-6ing an Aging SVtvic.e..6
bU-6 un:ti1. ne.x.t ye.aft.
"
Action Required by Council:
Re.je.c.t the. bid.
Availability of Funds:
l(
General Fund
Capital Improvement
Other
Wa t er /Was t ewa t er
General Revenue Sharing
Account Number: OM xnn-xn? xc, 1
Funds Available:
YES
x
NO
Approved Cor City Council A~enda
(\<{)~ T\ ~
Robert T. Herrera
City Manager
L\\\?)\(~O
Da te
..
e
e
.:' ;/~~~:;.:
-,
-~\
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
APRIL 2, 1990
TO: Stan Sherwood, Director of Parks & Recreation
FROM: Louis Rigby, Purchasing Manage~
SUBJECT: Sealed Bid #0367 - 32-36 Passenger Bus
Advertised, sealed bids #0367 for a 32-36 passenger bus were
opened and read on March 26, 1990. Bid requests were mai led to
two dealers with both returning a bid.
Low bid meeting specifications was submitted by Longhorn Bus
Sales for $40,237.00 with a 180 to 200 day delivery.
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
At~achment: Bid Tabulation
e
e
J
'I
11
I't
i:
.' ",,:''--;
~ "~~.'''.:'''
....' ~.,;,.
i'
, .
I:
.,,)
!
SEALED. RID #0367 LONGHORN OLYMPIC
32-36 PASSENGER BUS BUS INT'L -
SALES TRUCKS -
l. 32-36 PASSENGER BUS 40,237.00 40",-500.00 ~
1~_-_-~-=~-
2. DELIVERY IN DAYS 180-200 180-210 r---- .. u
tU-
1 ---
I --
I I I I
I -
I I
I
I I
I -.
I I
I -
I I
I
I I
I
, .
. -
.
e
e
CONSIDER REJECTING BID FOR 36-PASSENGER BUS - S. Sherwood
Motion by
Second by
#-
. ::.,
VOTE:
FOR
AGAINST
ABSTAIN
Waters
Cooper
Matuszak
McLaughlin
Porter
~
Skelton
Clarke
CNalon~
Motion carried
.........---/ Defeated
Tabled
e
e
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
April 23, 1990
Requested By: Alex Osmond
Department:
Golf Course
X Report
Resolution
Ordinance
Exhibits:
Bid Tabulation
Memo from Dennis Hlavaty dated 4/11/90
SUMMARY & RECOMMENDATION
Sealed bids for topping sand to be used at La Porte's Bay Forest
Golf Course were opened on March 19, 1990. Three (3) bids from
area suppliers were received.
The bidders were (1) Walker Sand, (2) Houston Industrial Material,
and (3) Telge Road Materials.
The low bidder's (Walker Sand $9.50 per ton)
contained dirt, clay, and rocks which do not
specifications.
sample
meet
product
the bid
staff's recommendation to Council is to award bid to second low
bidder, Houston Industrial Material at $12.50 per ton, who meets
all specifications.
Action Required by Council:
Award bid to second low bidder, Houston Industrial
Material.
Availability of Funds:
X General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: 028-800-811-215 Funds Available: X- YES NO
Approved for city council Aqenda
CX,~ \, ~
Robert T. Herrera
city Manager
,-\\\~\qO
Date
e
e
,~E9EI~~~A ~/
~~
COMM.DEV.
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
APRIL 2, 1990
TO: Alex Osmond, Golf Course Manager
FROM, Louis Rigby, purchasing Manag~
SUBJECT: Sealed Bid #0370 - Topping Sand
Advertised, sealed bids #0370 for topping sand were opened
and read on March 19, 1990. Bid requests were mai led to three
suppliers with all three returning bids.
Low bid was submitted by Walker Sand.
submi t a sample of their test results.
submitted by Houston Industrial Material at
three day delivery.
However, they did not
Second low bid was
$12.50 per ton with a
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.
LRlgr
Attachment: Bid Tabulation
xc: John Joerns, wi attachment
e
e
SEALED BID fl0370
TOPPING SAND
\
\
\
\
I
\
\
,
WALKER
SAND
\
\
\
\ HOUSTON \
, \
\ INDUSTRIAL \
" MATERIAL \
\
\
\
\
\
\
\ i \
TELGE \ \ \
i ,
ROAD \ \
\
MATERIALS \
l. TOPPING SAND 9.50 12.50 14.20
2. DELIVERY IN DAYS 1 3 1
-
,
\
\
e
e
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
APRIL 16, 1990
TO: Alex Osmond, Golf Course Manager
FROM: Dennis Hlavaty, Golf Course Superintendent
SUBJECT: Sealed Bid #0370 - Topping Sand
Walker Sand's (low bidder) sample of topping sand does not meet bid
specifications. Their product contains dirt, clay, and rocks.
Houston Industrial Material (second low bidder) meets all specifications. Their
product is identical to the topping sand Bay Forest has used for the last two
(2) years.
DH/ms
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Apr i 1 23, 1990
Requested By:
Stan Sherwood
Department: Parks and
Recreation
x
Report
Resolution
Ordinance
Exhibits:
N/A
SUMMAR~ RECOMMENDATION
La Porte City Council awarded bids for pick-up trucks on April 9,
1990. Item II of that bid package was for one (1) half ton pick-
up truck. Les Marks Chevrolet was awarded item II of that bid
package, and has agreed to sell the City another truck (same) for
same price of $10,851.33.
Action Required by Council:
Approval of Les Marks Chevrolet bid in the amount of $10,851.33
Availability of Funds:
x
General Fund
Capital Improvement
Sharing
Water/Wastewater
General Revenue
Other
Account Number: 009-800-800-851 Funds Available:
x
YES
NO
Approved for City Council Agenda
JLM \: tkMD~
Robert T. Herrera
City Manager
~ \ \cv\ <to
Date
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
ArJW Z3, 1990
Reques t ed By: Stan ShVUlJood
X Report
Department:
PCVLk.6 and Re.CJl.e.a.:tto n
Resolut ion'
Ordinance
Exhibits:
Int~-066iQe. me.monandum 6~om P~Qh~ing Age.nt
SUMMARY & RECOMMENDATION
Se.ale.d bid6 #0322 60~ a ~aQto~ with toad~ w~e. ope.ne.d and ~e.ad on MCVLQh 19, 1990.
Invitation6 60~ bidding the. ~aQto~ and toad~ w~e. maile.d to nine. CVLe.a de.al~, two
06 the. de.al~ ~~ponde.d with a bid.
The. tow bid ~ ~ubmitte.d by Land6downe. Moody Company, InQ. in the. amount 06 $14,387.34.
Howe.v~, the. bid did not me.e..t ~pe.c.i6iQaA:iOn6.
The. ~e.Qond bid w~ ~ubmitte.d by B~ook.6ide. Equipme.nt Sal~ in the. amount 06 $14,575.00
and thM bid me..t ~pe.c.i6iQaA:ion6. "
$18,500.00 ~ budge..te.d 60~ thM ite.m.
Action Required by Council:
App~oval 06 B~ook.6ide. Equipme.nt Sal~, bid in the. amount 06 $14,575.00
Availability of Funds:
x
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 009-800-800-851
Funds Available:
x YES
NO
Approved Cor City Council A~enda
J.JvJ I, ~~
Robert T. lIerrera
City Manager
L\\\<6\qo
Oat e
..
e
e
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
MARCH 20, 1990
TO: Stan Sherwood, Director of Parks & Recreation
FROM: Louis Rigby, Purchasing Manager
SUBJECT: Sealed Bid #0369 - Tractor WI Loader
Advertised, sealed bids #0369 for a tractor with loader were
opened and read on March 19, 1990. Bid requests were mai led to
nine area dealers with two returning a bid.
Low bid meeting specifications was submitted by Lansdowne
Moody Company, Inc. for $14,387.34. Copies of the bids are
attached for your review.
Please submit your recommendation with an agenda request form
by the prescribed time before the next regular council meeting.
If there is a need to delay bringing this bid before council,
please notify me.
LRlgr
Attachments
xc: Bert Clark, wi attachment
e
e
REQY._ES1'20~___ CITY ~OUN.91..k_~G g,~D~_!_I.~-t1
======================~========~=================================
Requested By: Louis.Rigp-
Report
1990
Agenda Date Requested:
_________~};r chas ing__
Ordinance
Exhibits: Memo to Assistant City Manager
Bid Tabulation
=================================================================
SUMMARY & RECOMMENDATION
Advertised, sealed
janitorial supplies were
bid contains items which
in warehouse inventory.
bids for chemicals, insecticides,
opened and read on April 2, 1990.
are ordered throughout the year and
and
This
kept
Low bid was
estimated yearly
$6,631.48.
submitted by Lone Star Brush & Chemical. Using
quanti ties, the total contract cost would be
Action Required by Council:
Approve awarding contract to low bidder for chemicals,
insecticides and janitorial supplies.
======================~==========================================
Availability of Funds:
Water/Wastewater
General Revenue Sharing
X General Fund
Capital Improvement
Other
Account Number: 001-607-607-115 Funds Available:
~__ YES
No
-----------------------------------------------------------------
----------------------.-------------------------------------------
Approved for City Co~ncil ~~~nd~
Qt~T ~
Robert T. Herrera
City Manager
y\v~\<\o
Date
=================================================================
e
e
'~..~~'
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
APRIL 6, 1990
FROM:
SUBJECT:
John Joerns, Assistant City Manage~)!~~1
Louis Rigby, Purchasing Manager~~
Sealed Bid #0372 - Chemicals, Insecticides & Janitorial
Supplies
TO:
Advertised, sealed bids #0372 for chemicals, insecticides,
and janitorial supplies were opened and read on April 2, 1990. Bid
requests were mailed to nine suppliers with four returning bids.
This bid contains items which are ordered throughout the year and
kept in warehouse inventory.
Low bid was submitted by Lone Star Brush & Chemical. Using
estimated year ly quanti ties, the total contract cost would be
$6,631.48.
I will submit an agenda request form and take this item before
Council on April 23, 1990.
LR/gr
Attachment: Bid Tabulation
e
e
....:.:;.
'J -\
, '. ~
-1
.i
j
!
.1
SEALED BID /;0372 LONE STAR CENTURY BRAWNER MORSE
CHEMICALS. INSECTICIDES & JANITORIAL BRUSH ::P APERS PAPER WHOLESALE
& . INC. COMPANY PAPER
CHEMICAL
I
I I. CHEMICALS
I
I
i
1. ODOR COUNTERACTANT 10.13 9.77 4.98 10.00
2. LIQUID BLEACH .92 1. 08 1. 02 1. 04
3. CLEANSER. SCOURING POWDER .57 .74 .69 .65
4. GENERAL DETERGENT 3.22 2.66 2.24 3.63
5. DISHWASHING LIQUID 1. 56 2.70 1.89 2.78
6. DISINFECTANT CLEANER 3.38 5.08 ,2.98 5.87
7. GLASS CLEANER 1. 79 2.20 1. 47 3.15
8. LIQUID HAND SOAP 3.52 3.10 2.56 3.80
II. INSECTICIDES
1. MOSQUITO REPELLANT
2.35
1. 65
1. 63
3.03
2. WASP HORNET SPRAY
2.18
1.92
3.44
2.69
III. JANITORIAL SUPPLIES
l. TRASH BAGS I I I I
A. 15" x 9" x 23" 7.63 16.51 I 15.25 7.30
B. 16" x 14" x 36" I 8.54 9.00 I 9.61 10.11
1
c. 22" x 14" x 58" I 16.27 17.99 I 19.75 20.78 I
2. COMMODE BRUSHES 1. 65 1. 53 1. 45 1. 76
3. DEODORANT BLOCKS .30 .40 .37 .48
I --
e
e
SEALED BID #0372 LONE STAR CENTURY BRAWNER MORSE
CHEMICALS, INSECTICIDES BRUSH PAPERS PAPER WHOLESALE
& INC. COMPANY PAPER
CHEMICAL
III. JANITORIAL SUPPLIES
4. MOP HEADS
A. 16 oz. LAY FLAT 1. 70 2.26 2.24 2.28
B. 24 OZ. LAY FLAT 2.55 3.07 3.15 2.96
5. URINAL SCREEN 1. 52 1. 50 1. 73 1.11
6. FT. HOWARD TOILET TISSUE 48.08 44.70 48. 77 47.75
7. 2-PLY TOILET TISSUE ROLL 33.13 32.40 36.07 33.15
8. #202 TRUMP PAPER TOWEL 15.21 18.50 21. 84 19.25
9. #209 TRUMP PAPER TOWEL 15.60 23.57 19.02 23.31
10. 2-PLY KITCHEN PAEER TOWEL 18.11 21. 87 20.11 19.70
11. FACIAL TISSUE, KLEENEX 12.38 16.15 13.60 21. 80
~
)
I
In
I
I
I -
_I I I
I
I \
I \ I
I
I I
I I
I
e
e
CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR
DISCUSSION
A. CONSIDER AWARDING BID FOR TOPPING SAND - A. Osmond --~~r""~ '*-..,
B. CONSIDER AWARDING BID FOR PICK UP TRUCK - S. Sherwood
C. CONSIDER AWARDING BID FOR TRACTOR - S. Sherwood
D. CONSIDER APPROVING PURCHASE OF MALATHION - L. Rigby
E. CONSIDER AWARDING BID FOR CHEMICALS, INSECTICIDES AND
JANITORIAL SUPPLIES - L. Rigby
Motion by ~...1
Second by __
8; <0 PI ~
VOTE:
FOR
AGAINST
ABSTAIN
Waters
Cooper
Matuszak
McLaughlin
Porter
~
Skelton
Clarke
~on~
Motion carried
/Defeated
Tabled
~~A-
~~~L
L~!rt1-.~fJ <,' c._
'~ ~IP ,,/
REOUES~OR CITY COUNCIL AGENDA IJIl
================================================================================
Agenda Date Requested:
23 1990
Report
Department: Administration
Requested By: John Joern
x
Resolution
Ordinance
Exhibits: 1. Draft Agreeme t for temporary sanitary sewer service outside City
Limits
2. Table - Summary of past utility services provided to Abbott
Development
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
SUMMARY & RECOMMENDATION
Several weeks ago ci ty Council heard from Eugene Abbott, of Abbott
Development, requesting sanitary sewer service to two proposed buildings being
developed within the Deer Park city limits. At that meeting there was some
discussion about several businesses in Deer Park that were receiving one or both
utilities (water and sewer) from La Porte. Prior to consideration of Mr. Abbott's
request, Council directed staff to develop an agreement with Abbott Development
that addresses payment for past services provided by the City.
The workshop tonight will focus only on buildings owned or developed by
Abbott Development and the pending request for service to the two new buildings.
utilizing materials provided by Abbott Development and Deer Park along with
several key assumptions, staff developed a table summarizing past utility services
provide to Abbott Development. This table is provided as an attachment. After
completing this study staff drafted an agreement for Council's consideration. The
main features of that agreement are:
requires payment for prior years service.
- requires Abbott Development to pay 150% of La Porte's
current utility rate.
- requires customer to be bound by all applicable
ordinances of the city relative to furnishing of utilities.
- requires Industrial Waste permit applications.
- establishes the limits of City of La Porte maintenance.
- requires Abbott Development to pursue future utility service with
the City of Deer Park.
- establishes a term of one year with an option for two consecutive
years.
This proposed agreement addresses only' the request for sanitary sewer
service to two new buildings and payment for past services provided to Abbott
Development. The administration plans to contact all other businesses in Deer Park
receiving utilities from the City. We will pursue agreements with those businesses
that will bring them into compliance with La Porte policies. We will keep you
informed of our progress in dealing with these business.
Action Required by Council: Consider approving agreement with Abbott Development
for provision of temporary sanitary sewer service.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Availability of Funds: N/A
General Fund water/Wastewater
Capital Improvement General Revenue Sharing
Other (None required)
Account Number: Funds Available: YES NO
================================================================================
Approved for city council Aqenda
R~Il~rera
C~ anager
r00
DATE
================================================================================
1\
f-\, ....)
e
e
~.~
DRAFT
THE STATE OF TEXAS
COUNTY OF HARRIS
AGREEMENT
This Agreement made and entered into by and between the CITY
OF LA PORTE, a municipal corporation, hereinafter referred to as
"CITY," and ABBOTT DEVELOPMENT CORPORATION, a corporation,
hereinafter referred to as "ABBOTT DEVELOPMENT,"
WITNESSETH:
I
ABBOTT DEVELOPMENT is outside the Corporate Limits of La Porte
and is desirous of receiving temporary sanitary sewer service from
the CITY for usual human domestic uses and not for use for
industrial processes of any kind. For and in consideration of
temporary sewer service provided by CITY, the parties hereto agree
as follows, to wit:
II
All expenses of the installation and maintenance of the tap
and service line shall be paid by ABBOTT DEVELOPMENT at the expense
of ABBOTT DEVELOPMENT, and shall be ABBOTT DEVELOPMENT's sole
maintenance responsibility thereafter. CITY shall have the right
of prior review and approval of ABBOTT DEVELOPMENT's plans and
specifications for the project.
1
e
e
~ .2lli
III
ABBOTT DEVELOPMENT has made the following representations to
CITY as to its needs for utility service, upon which
representations CITY has relied in entering into this Agreement,
to-wit:
Average day demand
Peak day demand
Peak hourly demand
700
1000
125
gallons per day
gallons per day
gallons per hour
IV
ABBOTT DEVELOPMENT has filed with CITY, a site plan (Exhibit A,
attached) showing the two buildings to be furnished temporary sewer
service. The temporary sanitary sewer service anticipated by this
contract shall be for those two facilities only. No additional
services, expansions etc, shall be provided without a separate
written agreement.
V
within thirty (30) days of execution of this Agreement ABBOTT
DEVELOPMENT shall submit an industrial waste application for the
two buildings shown on Exhibit A.
VI
CITY has determined that adequate facilities are available to
treat the sanitary sewer demands presented in section III.
However, because of multiple customers served by one four inch (4")
service line, ABBOTT DEVELOPMENT agrees to the terms further
2
e
e
~-~
DRAFT
described in section VIII of this agreement. In addition ABBOTT
DEVELOPMENT shall agree to:
(a) All plumbing installed by ABBOTT DEVELOPMENT
in respect to said tap and service line, shall
meet all applicable state of Texas and CITY
plumbing code requirements. CITY plumbing
inspectors shall have the right to inspect any
and all work related to the furnishing of
sanitary sewer service.
(b) ABBOTT DEVELOPMENT agrees that it shall be
bound by all applicable ordinances of CITY,
relative to the furnishing of domestic water
and sewer, as applicable, to customers within
the corporate limits of CITY.
(c) ABBOTT DEVELOPMENT promises and agrees to pay
to CITY, one hundred fifty per cent (150%) of
CITY's current sewer rate, as said sewer rate
shall be established from time to time by City
Council of CITY, for users within the
corporate limits of CITY. The billings shall
be based on actual water consumption and
verified by meter readings taken by City of La
Porte.
(d) ABBOTT DEVELOPMENT hereby grants limited access
to CITY to enter upon premises, identified in
Exhibit A, to read the water meters for
purposes of calculating the sani tary sewer
service charge, and for inspection purposes.
(e) Each building service identified in
Exhibit A shall have separate water meters
installed, at no expense to CITY, to allow for
the computation of the sanitary sewer service
charge
VII
Prior to receiving the temporary utility service to the
buildings shown on Exhibit A, ABBOTT DEVELOPMENT shall pay in full
ten thousand one hundred ten dollars and eighty-two cents
($10,110.82) as an agreed settlement for past utility service
provided to the companies listed on Exhibit B, attached. Payment
3
e
e
~~
shall be made within 15 days of the date of this Agreement and
prior to installation of service contemplated by this agreement.
VIII
ABBOTT DEVELOPMENT has requested permission to receive
temporary sanitary service for the two new buildings by connecting
to the existing four inch (4") line that serves several existing
facilities.
ABBOTT DEVELOPMENT may pursue this if ABBOTT DEVELOPMENT;
(a) delivers to the CITY permission and hold
harmless statements from all of the facilities
connected to the four inch (4") service line.
These facilities are listed on Exhibit C,
attached. The statements shall indemnify and
hold harmless the CITY from any and all
damages incurred due to sewer back ups,
stoppages, etc. These statements shall be
delivered prior to receiving installation of
service contemplated by this agreement; and
(b) agrees to install at no cost to CITY
sampling wells at each of the facilities
receiving service from the four inch ( 4")
line. The sampling wells shall be installed
within 60 days of the date of this agreement.
The location and construction of the sampling
well shall be approved by the CITY.
If the above conditions cannot be satisfied, ABBOTT
DEVELOPMENT shall proceed with the plans earlier presented to the
CITY for the installation of a six inch (6") sani tary sewer to
provide sanitary sewer to several facilities currently being served
by an existing four inch (4") line.
IX
ABBOTT DEVELOPMENT shall agree to pursue future utility
service with the City of Deer Park and shall furnish the CITY with
4
e
e
~ --!II
DRAFT
an anticipated schedule wi thin one year from the date of this
agreement.
x
This agreement is for a period of one year from date of
execution; and is renewable at CITY's option, acting through it's
City Manager, for two successive one year terms. If at the end of
three years, utility service from Deer Park is not available, the
CITY shall have the right to terminate this agreement upon 60 days
written notice from CITY to ABBOTT DEVELOPMENT.
XI
Failure to perform any of the conditions described herein
shall be cause for termination of service.
XII
This contract contains the entire agreement of the parties
hereto.
WITNESS OUR HANDS, this the
day of
, 1990.
CITY OF LA PORTE
By
Robert T. Herrera, City Manager
ABBOTT DEVELOPMENT CORPORATION
By
Approved as to Form:
(City Attorney)
5
e
EXHIBIT A
To be furnished.
6
e
~~
, ,
e
e
DRAFT
EXHIBIT B
STUDY OF SERVICES PROVIDED BY THE CITY OF LA PORTE
TO
BUSINESSES LOCATED IN THE CITY OF DEER PARK
DATE OF STUDY: MARCH 30, 1990
LA PORTE
NO. INDUSTRIAL
ON WASTE PERMIT
MAP BUSINESS OWNER DEVELOPER REQUIRED
5 HI-TECH REFRACTORY ABBOTT DEVELPT. ABBOTT DEVELPT. YES
7 BROWNIES STRIP CTR JOHN BALLARD ABBOTT DEVELPT. YES
lOA MAINTECH ABBOTT DEVELPT. ABBOTT DEVELPT. YES
lOB ABBOTT DEVELPT. ABBOTT DEVELPT. ABBOTT DEVELPT. YES
11 KOCH CONTRACTORS ABBOTT DEVELPT. ABBOTT DEVELPT. YES
12 ABBOTT DEVELPT. ABBOTT DEVELPT. ABBOTT DEVELPT. #YES
13 ABBOTT DEVELPT. ABBOTT DEVELPT. ABBOTT DEVELPT. #YES
# PROPOSED TIE-IN TO LP SEWER SYSTEM
7
. .
e
e
ro=; ~
. ..
DRAFT
EXHIBIT C
EXISTING BUSINESS RECEIVING SERVICE FROM EXISTING
FOUR INCH (4") SANITARY SEWER LINE.
Name
Service Address
Brownies's (& Brownie's Strip Center)
1322 Underwood
Abbott Development
Maintech
1318 Underwood
1314 Underwood
PROPOSED BUSINESS RECEIVING SERVICE FROM EXISTING
FOUR INCH (4") SANITARY SEWER LINE.
Name
Service Address
Joe Koch Construction Company
Unknown
Equipco
Unknown
8
.
STUDY OF SERVICES PROVIDED BY THE CITY OF LA PORTE
TO
BUSINESSES LOCATED IN THE CITY OF DEER PARK
e
WATER SEWER LA PORTE ESTIMATED
I~O. SERVICE CHGD % OF SERVICE CHGD % OF INDUSTRIAL DATE AMOUNT
ON PROVIDED BY LP PROVIDED BY LP WASTE PERMIT SERVICE OWED TO
IMAE BUSINESS OWNER DEVELOPER BY LP RATE BY LP RATE REQUIRED PROVIDEI LA PORTE Itlt
5 HI-TECH REFRACTORY ABBOTT DEVELPT. ABBOTT DEVELPT. LP YES 100% LP YES 100% YES 5-80 $0.00
7 BROWNIES STRIP CTR JOHN BALLARD ABBOTT DEVELPT. LP YES 150% LP YES 100% YES 5-80 $0.00
110A MAINTECH ABBOTT DEVELPT. ABBOTT DEVELPT. DP NO N/A LP NO 0% YES 10-87 $4,799.94
lOB ABBOTT DEVELPT. ABBOTT DEVELPT. ABBOTT DEVELPT. DP NO N/A LP NO 0% YES 5-80 $1,582.98
11 KOCH CONTRACTORS ABBOTT DEVELPT. ABBOTT DEVELPT. DP NO N/A LP NO 0% YES 5-80 $3,727.90
12 ABBOTT DEVELPT. ABBOTT DEVELPT. ABBOTT DEVELPT. DP NO N/A It It N/A It It $0.00
113 ABBOTT DEVELPT. ABBOTT DEVELPT. ABBOTT DEVELPT. DP NO N/A It It N/A It It $0.00
1990
30
MARCH
DATE OF STUDY
e
~
RATE
PORTE
LA
It PROPOSED TIE-IN TO LP SEWER SYSTEM
ItItAMOUNT COMPUTED USING 100% OF CURRENT
(\,
, /
======================================================~===========
D
REQUEST FOR ,r.....~1TY COUNCIL AGENDA ITEM
\.-J
Agenda Date Requested:
Requested By: Charles E. smith
Department: Police
Report
Resolution
x
Ordinance
Exhibits: Proposed Burglary and Robbery Alarm Ordinance Report
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY & RECOMMENDATION
Over the past five years there has been a significant increase
in the number of false alarms investigated by the La Porte Police
Department.
The department responds to an average of 1,299 alarms annually
and this number is expected to increase. Our estimated annual
expenditure for false alarms is $38,970 from which no real benefit
is derived.
Staff recommends that the city Council consider the adoption
of a false alarm ordinance which provides guidelines and penalties
to alarm users.1;w~~t,G,d '" ~~rtr<<~-
!fhcLu~ ~ - (tltOO ~ry
{/"'7J'~ 0v t ADVl
~.~'~~~
Action Required by council:
Consider adopting false alarm ordinance.
ALTERNATIVE: Leave situation as is, take no action.
=================================================================
Availability of Funds:
General Fund Water/Wastewater
capital Improvement General Revenue Sharing
X Other (None required)
Account Number:
Funds Available:
YES
NO
=================================================================
APproved for City council Aqenda
G(~ \. \k~~
Robert T. Herrera
City Manager
l\ \ \~ tctb
DATE
=================================================================
.
.
.
CONSIDER APPROVING CONTRACT FOR UTILITY SERVICE OUTSIDE CITY LIMITS
(Ord. 1697) - R. Herrera
Motion by
Second by
g~fl.">,
FOR
VOTE:
Waters
coo~er
CM~t- ~7.;k~
McLaughlin
Porter
~
Skelton
Clarke
(Malo~
/Defeated
Motion carried
"Qv~, lLd -t ~ . (I \~ruJl
(~~)
-f;o tJtv LudJQ ~ ~ I
AGAINST
~
V
ABSTAIN
Tabled
.
e
CITY OF LA PORTE
INTER-DEPARTMENTAL MEMORANDUM
April 19, 1990
TO:
Mayor and Council
SUBJECT:
Robe~J;J T. Herrera, Ci ty Manager
\J\ ohvJ: r. t\..lU\I\.lV'c-I
Commercial Solid Waste Operations study
FROM:
As discussed with you at the City Council Retreat, Staff has
performed an in-depth study of the operations of the Commercial
Solid Waste Division. Current operations were examined along
with projecting revenues and expenses over the next five (5) year
period.
Currently the Commercial Solid Waste Division operates as an
enterprise fund with all operational funding being obtained
through the revenues generated by the servicing of commercial
-accbunts within the City. The division is expected to generate
approximately $94,855.00 net income for fiscal year 1989/90. The
Commercial Solid Waste Fund is forecasted to end the current
fiscal year with a balance of $351,000.
The Commercial Solid Waste Division competes with private haulers
for the collection of containerized solid waste within the
corporate city limits of La Porte. The city services
approximately 95% of the containerized s~lid waste commercial
accounts within the city.
Current operations consist of one (I)" operator and two (2)
vehicles, with one serving as a backup vehicle. This operation
has been sufficient to meet the needs of the community at a cost
of $2.00/cubic yard for the past ten (10) years with no
increases. The low rate, in addition to the upswing in the
economy, has expanded the number of accounts to the point that a
"one man, one truck" operation is no longer feasible. "The
operator is limited to working sixty (60) hours per week as a
driver by Federal Department of Transportation regulations. He
is currently working in excess of fifty (50) hours per week. An
additional driver and vehicle will be necessary for the City to
be in compliance with this DOT regulation in FY 90/91. The
driver/account ratio will decrease by 50%, with a corresponding
drop in net income.
.
.
.
Page Two
Commercial Solid Waste Study
April 19, 1990
The in-house study indicates a steady decrease in net income for
the division, assuming the rate is not raised, for the next five
(5) years. For the purpose of the study, a yearly growth rate of
2% was assumed. This limited base of expansion fails to offset
the rise in expenses generated by the addition of an operator and
vehicle, along with anticipated inflation in the cost of supplies
and material. The net income of the Commercial Solid Waste
Division is projected to decrease from $94,855.00 in FY 89/90 to
$2,425.00 in FY 94/95, a decrease of 97%.
Staff recommends a competitive comparison be made between City
operation and a private hauler operation of the Commercial Solid
Waste Division. This can be accomplished by requesting proposals
from private collection contractors for the exclusive right to
collect commercial containerized solid waste in the City of La
Porte. These written proposals would be used to evaluate whether
a decision to expand our commercial operation makes good business
sense.
In addition to soliciting proposals, staff recommends
consideration be given to the granting of an exclusive rights
contract to the City for collection of commercial solid waste
accounts. The City Charter grants the City control of all solid
waste collection within its corporate limits. Exclusive rights
would allow the City to capture the remaining 5% of commercial
accounts or to contract all, or any portion, of the containerized
accounts.
The study will be forwarded to City Council for your reading and
a Request for Proposals will be solicited in mid-May, 1990.
RTH/bj
(:,
----
( I
\ '
'--'"
r\
" I
, /
~i.--
COUNCIL ACTION
WATERS:
~~r F ~pt-n-' ~~a-P= .c{J~e:t/
{j)~fp~..,-.J J?f-ff ~ ~'j.~)!,,--~ -
#~ lnL~ tkIt-,t;,dv 17
MATUSZAK:
~~
McLAUGHLIN: ~~ ~..l. ~ )PUjIHJ-&<~ - aJ~da-7f w.:J"."
;fj ~~~ ~ tt
PORTER: ~~ ~- ~L ~
~D~~~~"
- I f).~~. t /J ~
~, ~
GAY:
()Jh-uvt
SKEL~~~o/-~~~
~ - )LwJ~*~ ~ k--..J ~.G -Q.. ~ ~th.
~J$ ,aL~-:tO~ ~ ili~ ~.. .
a..cl ~ ~(:S$&"'~). Ji-IR;-~~~~(l.2tf-. ~
~ D ~ ~ ~J-...(r e,;;;;... I ~ ~;1VU-E
CLA'RKE: I . ') fl (y
_ LV ~ pr6-I("v.Ao...'U..~
~~ .. '~
}ll!e..J~'., ~ OM"- . ~MM~
~~ ~~~lQ..-~___~' Cf ~M S?
MALON~ c