HomeMy WebLinkAbout1991-01-14 Regular Meeting
MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL
JANUARY 14, 1991
1. The meeting was called to order by Mayor Malone at 6:00 P.M.
Members of City Council Present: Mayor Norman Malone,
Councilpersons Guy Sutherland, Mike Cooper, Ed Matuszak
(arrived at 6:05), Bob McLaughlin, Alton Porter, B. Don
Skelton, Jerry Clarke
Members of City Council Absent: Councilperson Deotis Gay
Members of City Staff Present: City Manager Bob Herrera, City
Attorney Knox Askins, City Secretary Cherie Black, Assistant
City Manager John Joerns, Director of Public Works Steve
Gillett, Director of Parks and Recreation Stan Sherwood, Human
Resources Manager/Purchasing Manager Louis Rigby, Director of
Community Development Joel Albrecht, Chief Building Inspector
Ervin Griffith, Inspector Ernie Creveling, Inspector Debbie
Wilmore, Inspector Mark Lewis, Inspection Department Secretary
Cheryl Stout, Fire Chief Joe Sease, Parks Superintendent Tim
O'Connor, Finance Director Jeff Litchfield, Finance Officer
Linda Stubbs, Accounting Supervisor Kathy Hutton, Accounting
Clerk Maria Ramos
Others Present: Lamar Hollaway; Charlotte Reescano, 12
citizens
2. The invocation was given by Mayor Malone.
3. Council considered approving the minutes of the regular
meeting of Council held December 10, 1990.
Motion was made by Councilperson Skelton to approve the
December 10 minutes as presented. Second by Councilperson
McLaughlin. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Matuszak,
McLaughlin, Porter, Skelton, Clarke and Mayor Malone
Nays: None
4. A special presentation was made to recent retiree Lamar
Hollaway. Mayor Malone presented Mr. Hollaway with an
engraved watch. Mr. Hollaway's co-workers praised his work
with the City for the past 10 years, and expressed their
appreciation of him. Mr. Hollaway responded that he had
enjoyed his time with the City and would miss his fellow
employees.
5. A certificate of achievement in financial reporting from the
Government Finance Officers Association (GFOA) was presented
to the Finance Department by Mayor Malone. This is the ninth
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Minutes, Regular Meeting, La Porte City Council
January 14, 1991, Page 2
consecutive year that this prestigious award has been
received. The award was accepted by Finance Department
personnel Jeff Litchfield, Linda Stubbs, Kathy Hutton and
Maria Ramos.
6. The Mayor presented a plaque to Charlotte Reescano, Parks &
Recreation Department, as Employee of the Quarter for
September, October and November, 1990. Charlotte is
Recreation Supervisor at the Jennie Riley Civic Center.
7. There were no citizens wishing to address Council.
8. This item, regarding appointing a re-districting committee,
was requested to go into executive session before being acted
upon.
9. Council considered an ordinance appointing the Animal Control
Supervisor as Local Health Authority under Chapter 826
(Rabies) of the Texas Health and Safety Code.
The City Attorney read: ORDINANCE NO. 1741 - AN ORDINANCE
APPOINTING THE CITY OF LA PORTE ANIMAL CONTROL SUPERVISOR AS
THE LOCAL HEALTH AUTHORITY UNDER CHAPTER 826 (RABIES) OF THE
TEXAS HEALTH AND SAFETY CODE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson McLaughlin to adopt Ordinance
1741 as read by the City Attorney. Second by Councilperson
Cooper. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Matuszak,
McLaughlin, Porter, Skelton, Clarke and Mayor Malone
Nays: None
10. Council considered an ordinance awarding a depository
contract.
Mayor Malone, City Attorney Askins, and Councilperson
Sutherland removed themselves from the Council table for this
item. Mayor Pro Tem Alton Porter presided.
Motion was made by Councilperson Matuszak to table this item
until he could further study the analysis. After explanation
of the RFP process and how the analysis was performed,
Councilperson Matuszak withdrew his motion to table.
Minutes, Regular Meeting, La Porte City Council
January 14, 1991, Page 3
The City Secretary read: ORDINANCE 1742 - AN ORDINANCE
APPROVING AND AUTHORIZING A DEPOSITORY AGREEMENT BETWEEN THE
CITY OF LA PORTE AND BAYSHORE NATIONAL BANK OF LA PORTE, FOR
A TWO YEAR TERM, COMMENCING FEBRUARY 1, 1991, AND TERMINATING
JANUARY 31, 1993, AND ON A MONTH TO MONTH BASIS THEREAFTER;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Skelton to adopt Ordinance
1742 as read by the City Secretarv. Second by Councilperson
McLaughlin. The motion carried, 6 ayes and 0 nays.
Ayes: Councilpersons Cooper, Matuszak, McLaughlin,
Skelton, Clarke and Mayor Pro Tem Porter
Nays: None
Mayor Malone, Mr. Askins and Councilperson Sutherland returned
to the Council table after the vote was taken.
11. Council considered an ordinance amending Chapter 11 of the
Code of Ordinances of the City of La Porte, authorizing a
contract with Harris County for Food Establishment
Surveillance Program services.
Motion was made by Councilperson Clarke to table this item for
further study. Second by Councilperson McLaughlin. The
motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Matuszak,
McLaughlin, Porter, Skelton, Clarke and Mayor Malone
Nays: None
12. Council considered a resolution supporting the Texas Municipal
League's proposed amendments to Texas Local Government Code
Chapter 143 (Municipal Civil Service Act).
The City Attorney read: RESOLUTION 91-01 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, SUPPORTING
THE TEXAS MUNICIPAL LEAGUE'S PROPOSED AMENDMENTS TO TEXAS
LOCAL GOVERNMENT CODE CHAPTER 143 (MUNICIPAL CIVIL SERVICE
ACT) TO RESTORE PROPER AND EFFECTIVE MANAGEMENT TO LEGISLATORS
REPRESENTING THE LA PORTE AREA TO ADOPT AND SUPPORT SUCH
LEGISLATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Motion was made by Councilperson Skelton to approve Resolution
91-01 as read by the City Attorney. Second by Councilperson
Clarke. The motion carried, 8 ayes and 0 nays.
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Minutes, Regular Meeting, La Porte City Council
January 14, 1991, Page 4
Ayes: Councilpersons Sutherland, Cooper, Matuszak,
McLaughlin, Porter, Skelton, Clarke and Mayor Malone
Nays: None
13. Council considered amending FY 1990-91 budget to reflect 1990
open purchase orders.
Motion was made by Councilperson Skelton to approve amending
the 1990-91 budget to reflect 1990 open purchase orders as
recommended by the Director of Finance. Second by
Councilperson Cooper. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Matuszak,
McLaughlin, Porter, Skelton, Clarke and Mayor Malone
Nays: None
14. Council considered awarding a contract to Insituform Gulf
South, as sole source vendor, for rehabilitation of Roseberry
truck sewer.
Motion was made by Councilperson Sutherland to award a
contract in the amount of 572.070 to Insituform Gulf South for
rehabilitation of Roseberry trunk sewer. Second by
Councilperson Cooper. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Matuszak,
McLaughlin, Porter, Skelton, Clarke and Mayor Malone
Nays: None
15. Council considered awarding a bid for a defibrillator monitor.
Motion was made by Councilperson McLaughlin to award the bid
for a defibrillator monitor to Physio-Control in the amount
of 58.775. Second by Councilperson Skelton. The motion
carried, 8 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Matuszak,
McLaughlin, Porter, Skelton, Clarke and Mayor Malone
Nays: None
16. Administrative Reports:
A. City Manager Herrera reminded Council of the Chamber
installation banquet on January 24.
B. Mr. Herrera reviewed problems with outgoing and incoming
mail that the City is experiencing.
C. Announced the grand opening of the South East Texas Water
Purification Plant would be held February 1, 1991.
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Minutes, Regular Meeting, La Porte City Council
January 14, 1991, Page 5
D. Called Council's attention to the recycling effort of the
Parks Department regarding using discarded Christmas
trees as bark mulch for park trails.
E. Announced a meeting on January 22 at 7:00 P.M. at Jennie
Reid School regarding Houston Chemical Services.
17. Council Action: Councilpersons Sutherland, Cooper, Matuszak,
McLaughlin, Porter, Skelton, Clarke and Mayor Malone brought
items to Council's attention.
18. Council adjourned into executive session at 7:22 P.M.
regarding the following items: (A) Legal - Discuss Lonnie
Taylor dba Preferred Pool Plastering vs the City of La Porte,
et al, with City Attorney; (B) Personnel - Discuss "Pay for
Performance" booklet; (C) Personnel - Discuss appointments to
Redistricting Committee; (D) Personnel - Complete review of
City Manager; (E) Conference - Receive report from City
Manager on status of hotel study for City of La Porte.
Council returned to the table at 9:00 P.M.
Item A, no action taken; item B, discussion only; item C, will
address item 8; item D, discussed and corrected an oversight
of payment; item E, no action.
Council then addressed item 8 - Consider ordinance appointing
a re-districting committee.
The Mayor read: ORDINANCE 1738 - AN ORDINANCE APPOINTING A
RE-DISTRICTING COMMITTEE, AND ESTABLISHING ITS POWERS AND
DUTIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
The following citizens were named to the re-districting
committee: Chairman, H. P. Pfeiffer; District 1, Betty
Waters; District 2, Russell Ybarra; District 3, Jimmie Ray
Spradling; District 4, Robert Daniel; District 5, Robert
Swanagan; District 6, Bob Capen; At Large Position A, Paul
Felgner; At Large Position B, Brenda Villareal.
Motion was made by Councilnerson Skelton to adopt Ordinance
1738 as read. Second by Councilperson Clarke. The motion
carried, 8 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Matuszak,
McLaughlin, Porter, Skelton, Clarke and Mayor Malone
Nays: None
Minutes, Regular Meeting, La Porte City Council
January 14, 1991, Page 6
19. There being no further business to come before the Council,
the meeting was duly adjourned at 9:05 P.M.
Respectfully ubmitted:
Cherie Black, City Secretary
Passed & Approved this the
28th day of January, 1991
Orman L. Malone, Mayor
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CITY OF LA PORTE
PARKS AND RECREATION DEPARTMENT
INTER-OFFICE MEMORANDUM
DECEMBER 28, 1990
T0: 8ert Clark, Committee Chairperson
FROM: Tim O'Connor, Superintendent of Recreation
SUBJECT: Employee of the Quarter Nomination
Charlotte is the Center Supervisor for our Jennie Riley
Recreation Center and the Charles Walker Annex. Her dedication to
the youth population of La Porte has been outstanding since her
first days on the job. Program offerings have more than doubled
in the past two years and program participation is up over 300% for
the same period.
The most significant impacts Charlotte has made on our
community are as follows:
I. I_nteorated Youth Programs and Activities:
Charlotte has spearheaded the combining of
Recreation operations, giving our youth the
opportunity to visit other neighborhoods, make
new friends and compete in a variety of
athletic/game room activities. This has lead to
a much more effective use of budget monies and the
development of new activities, ie: teen dances,
theme/holiday parties and educational programs.
II. Displacement of Illegal Druo Trade•
Charlotte has worked with local Civic Clubs, the
La Porte Police Department and State Anti-Drug
organizations in effectively eliminating the illegal
drug trade/usage on and in municipal property. The
anti-drug theme is emphasized in all of her
programs/activities thus educating our youth on
recreational/leisure options to drug use-abuse.
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III. Development of a Black History Program in La Porte:
Charlotte and her staff have worked diligently with
the La Porte School District, Area Churches, Area
Civic Clubs and interested business'/individuals in
developing a comprehensive Black History during the
month of February each year. Through the
development of a most active committee, Charlotte
affords La Porte a month of activity involving:
Gospel/Spiritual Program at Sylvan Beach, a Black
History Celebration Program at La Porte High School
and numerous community seminars and classes dealing
with the Black impact on our society. I state with
confidence that La Porte stands alone in comparison
to area municipalities, including Houston, in the
quality and quantity of Black History Month
observances through programs/activities.
In closing I feel compelled to state, even through it is quite
obvious, that these accomplishments Charlotte has achieved were not
made by working an ordinary work week. Charlotte puts in many
extra hours and works quite a few weekends each year. Her
dedication to and strong sense of community are assets that a
supervisor can not teach or even require of an employee. La Porte
is most fortunate to have employees such as Charlotte, and it is
without hesitation that I recommend Charlotte as the City of
La Porte's Employee of the Quarter (October, November and December
1990)
cc: Stan Sherwood, Director of Parks and Recreation
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REQUEST FOR CITY COUNCIL AGENDA ITEM
r' - - --
Agenda Date Requested : 12/10/90
Requested By: Kn°x W' ~~~ Department: City Attorney
Report Resolution X Ordinance
Exhibits:
See attached ordinance.
See attached letter from City Attorney.
Action Required by Council:
Passage of ordinance appointing members to Re-Districting Cca~mittee.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Number:
An~royed for Citv Council Agenda
Q ~~
Robert T. Herrera
City Manager
Funds Available: _ YES _ NO
1 ~,- ~-C ~ q (~
DATE
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ASKINS b~ ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS TELEPHONE 713 471-1886
JOHN D. ARMSTRONG TELECOPIER 713 471-2047
November 30, 1990
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Gentlemen:
By federal law, the U.S. Census Bureau is required to publish final
census results for each State by December 31, 1990, and for each
political subdivision of the State, by census tract, by April 1,
1991.
Under the Federal Voting Rights Act, and Article II of the Home Rule
Charter of the City of La Porte, the population of each council
district must be determined, and, if the distribution of population
among the various council districts is materially unbalanced, as
reflected by the 1990 Federal Census, City Council must establish
new boundaries for the election of district Councilpersons.
In the past, City Council has appointed a citizens committee to make
the investigations, hold public hearings, and thereafter recommend
new council district boundaries to City Council. Under the Federal
Voting Rights Act, such a committee should fairly reflect the ethnic
and racial makeup of the City of La Porte among its membership.
I recommend that the attached ordinance be passed by City Council
appointing a resident from each council district to the committee,
with the other three members of the committee and two alternate
members to be appointed from the City at large.
Yours very truly
~;~/,
Knox W. Askins
City Attorney
City of La Porte
KWA:sw
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ORDINANCE N0. 1738.
AN ORDINANCE APPOINTING A RE-DISTRICTING COMMITTEE, AND ESTABLISHING
ITS POWERS AND DUTIES; FINDING COMPLIANCE WITS THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. ~~r
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
appoints the following residents of the City of La Porte to a
Re-Districting Committee, to-wit:
Chairperson:
District 1:
District 2:
District 3:
District 4:
District 5:
District 6z
Position A:`
Position B:
Alternate 1:
Alternate 2:
Section.2.:
Following publication of the 1990 Federal Census,
the Re-Districting Committee shall conduct an investigation and
determine the population of the City, and the population of each of
the districts from which district Councilpersons are elected. Each
such determination shall be based upon the best available data,
including, but not limited to, the 1990 Federal Census. Each such
determination shall be reported by the Re-Districting Committee to
City Council, which shall express the results of such determination
in an ordinance, which shall be a final determination for purposes
of the Home Rule Charter of the City of La Porte. After any such
determination, if the distribution of population among the various
districts is determined by City Council to be materially unbalanced,
the Re-Districting Committee shall, following public notice and an
opportunity for public input, recommend to City Council the
establishment of new boundaries for the election of district
Councilpersons.
Section 3. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this ordinance
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ORDINANCE N0. 173° PAGE 2
.- ~s.s.~.:'~:~.
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof. "
Section 4. This Ordinance shall be effective from and after
its passage and approval.
PASSED AND APPROVED, this the 10th day of December, 1990.
CIT OF LA PORTE
BY
N rmari ." M to ; Ma or
ATTEST:
Cherie Black
City Secretary
APPROVED:
Rnox W. Askins
City Attorney
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BEQUEST FOR CITY COUNCIL AGENDA ITEM
.1/14/91
Agenda Date Requested:
Requested By: ,~nnx W_ AGkinS Department: City Attorney
Exhibits:
Report Resolution x Ordinance
See attached proposed ordinance.
The Texas DepartmPazt of Health has requested that the City of La Porte appoint
an officer to act as the local health authority for the purpose of Chapter 826
of the Texas Health and Safety Code. (See attached letter dated October 29,
1990, frcan Texas Department of Health to City of La Porte.)
Action Required by Council:
Passage of ordinance.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Number: Funds Available: _ YES _ NO
A~uroved for City Council Agenda
Robert T. Herrera DATE
City Manager ~~
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Texas
Robert Bernstein, M.D., F.A.C.P.
Commissioner
Robert A. MacLean, M.D.
Deputy Commissioner
Professional Services
Hermas L. Miller
Deputy Commissioner
,Management and Administration
City of LaPorte
Mayor Norman Malone
P.O. Box 1115
LaPorte, Taxes 77572
Dear Mayor Malone:
A~ F. Op
i? < R.
~.~ ~ 7
Department
Public Health Region 4
10500 Forum Place Drive
Suite 200
Houston, Texas 77036
(713) 995-1112
October 29, 1990
of Health
John N. Bogart, M.D.
Regional Director
Section 826.017 of Chapter 826 of the Texes Health and Safety
Code requires the governing body of each municipality to appoint
an officer to act as the local health authority for the purpose
of the chapter entitled Rabies. The officer designated may be
the municipal health officer, animal control officer, peace
officer, or any entity the governing body considers appropriate.
The duties of the local health
826.017 paragraph Ce). Section
reporting possible exposures to
to the local health authority.
authority are listed in section
826.041 of this chapter requires
rabies via animal bite or scratch
Please appoint a local health authority by position, not by
personal name Ci.e, Police Chief, Supervising Animal Control
Officer, Veterinarian, etc.) at your earliest convenience. After
the appointment is made, please return the enclosed form stating
the position selected and the person's name, address and
telephone number in the position at time of selection.
Enclosed is an excerpt from Chapter 826 that deals with the
designation of local health authorities and their duties. If you
have any questions or desire assistance, please direct your
inquiries to Veterinary Public Health at the phone number listed
above.
Sincerely,
Lee C. an, D.V.M.
Zoonosis Control Program
LCJ/dg
Enclosures
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Sec. 826.017. DESIGNATION OF LOCAL HEALTH AUTHORITY. (a) The
commissioners court of each county and the governing body of each municipality
shall designate an officer to act as the local health authority for the
purposes of this chapter.
(b) Except as restricted by board rule, the officer designated as local
health authority may be the county health ofr"icer, municipal health officers
animal control officer, peace officer, or any entity that the commissioners
court or governing body considers appropriate.
(c) Among other duties, the local health authority shad enforce:
(1) this chapter and the board rules that comprise the minimum
standards for rabies control;
(2) the ordinances or rules of the municipality or county that
the local health authority serves; and
(3) the rules adopted by the board under the area .rabies
quarantine provisions of Section 826.045. (V.A.C.S. Art. 4477-6a,'Secs.
2.02(c)s 3.02.)
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ORDINANCE NO. 1741
AN ORDINANCE APPOINTING THE CITY OF LA PORTE ANIMAL CONTROL
SUPERVISOR AS THE LOCAL HEALTH AUTHORITY UNDER CHAPTER 826 (RABIES)
OF THE TEXAS HEALTH AND SAFETY CODE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
designates the City of La Porte Animal Control Supervisor to act
as the local health authority for the purposes of Chapter 826
- (Rabies)- of the Texas Health and Safety Code.
Section 2. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by-law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed „
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval.
PASSED AND APPROVED, this 14th day of January, 1991.
CITY OF LA PORTE
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
APPROVED:
Knox Askins, City Attorney
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REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE REQUESTED Januarv 14. 1991
REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance
REPORT RESOLUTION X ORDINANCE
EXHIBITS: Report
SUMMARY AND RECOMMENDATION
On December 17, 1991, the City received proposals from Bayshore National Bank and
Baytown State Bank to provide Banking Services to the City of La Porte.
When we consider a bank to be our depository, there are two aspects that need to be
looked at. Both are equally important. The first is how much will we be charged
for our routine, everyday transactions. The second is how much can we earn on our
idle funds.
In analyzing the two proposals, the following numbers were generated:
Bayshore Baytown
Estimated Interest Income Revenue to the City 75,220.08 53,906.64
Less Estimated Expense to the City 32.772.99 20.352.95
Total Impact to-the City of La Porte (Profit) 42,447.09 33,553.69
In looking at the numbers, we see that our expense will be less if we select Baytown
State Bank as our depository bank. However, we will earn considerably more in
interest if we select Bayshore National Bank. The above analysis is based on an
estimated average daily balance of $956,133. If the City selects Bayshore National,
we come out ahead by about $8,900.
ACTION REQUIRED BY COUNCIL:
Adopt Ordinance approving and authorizing a depository agreement with Bayshore
National Bank for a two year period beginning February 1, 1991.
AVAILABILITY OF FUNDS:
GENERAL FUND UTILITY FUND
ACCOUNT NUMBER: N/A FUNDS AVAILABLE:
OTHER
YES NO
APPROVED FOR CITY COUNCIL AGENDA
~~ T. t - °~ - ~, t
ROBERT T HERRERA DATE
CITY MANAGER
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
T0: Robert T. Herrera, City Manager
FROM: Jeff Litchfield, Director of Finan
DATE: January 8, 1991
SUBJECT: RFP for Banking Services
I have completed the analysis of the proposals to provide Banking Services to
the City of La Porte.
On November 9, 1990, requests were mailed to the three banking entities that
are eligible to be our depository bank. The scheduled opening date was
December 3, 1990. On November 29, 1990 I received a call from one of the
banks. They had just received their proposal package in the mail. I called
the other two banks and found that they had also received their's the week of
November 26. Because of the complexity of the proposal, I extended the
proposal due date to December 17, 1990.
On December 17, 1990, I received proposals from two of the banks (Bayshore
National and Baytown State). I talked with Randy Woodard of La Porte State
Bank and he said that they were not interested in being our depository bank at
this time.
Attached is a copy of my analysis 'of the two proposals. Both banks offer
services sufficient to handle a City of our size.
When we consider a bank to be our depository, there are two aspects that need
to be looked at. Both are equally important. The first is how much will we
be charged for our routine, everyday transactions. The second is how much .can
we earn on our idle funds.
Based on the assumptions and estimates made in my review, the following
represents an estimate of the total impact of the two proposals.
Bayshore Baytown
Estimated Interest Income Revenue to the City 75,220.08 53,906.64
Less Estimated Expense to the City 32.772.99 20.352.95
Total Impact to the City of La Porte (Profit) 42,447.09 33,553.69
In looking at the numbers, we see that our expense will be less if we select
Baytown State Bank as our depository bank. However, we will earn considerably
more in interest if we select Bayshore National Bank. The above analysis is
based on an estimated average daily balance of $956,133. If the City selects
Bayshore National, we come out ahead by about $8,900.
~ ~nR~~S~s i s c~.eem.ec~i- ~-~ nTirJ-ert~io~~ ~ w ; ~~ be ~v e.u ~o
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Ci0 V N C ~ ` V N ~ke~ S~e~QC0.~c'@. C+0~3 eC'••
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A few comments about the proposals are:
Bayshore National - Their proposal is very similar to the last one they
submitted. They have increased costs in a few areas and items
that we currently receive free (i.e. check stock) will now be
charged on an actual use basis. A portion of their expense is
based on our average daily balance. On the other side of the
analysis, they increased the interest rate they pay on our daily
balances to the T-Bill average plus ten (10) basis points.
Baytown State - Their proposal is geared to a fixed cost for each specific
item. A mayor variance in our daily balance will not have a mayor
impact on our expense. The Interest rate they propose is 65.78$
of the daily Federal Funds rate.
Because Bayshore National's proposal includes factors for both revenue and
expense that are dependent on our daily balances, I looked to see if there was
a break even point where Baytown State would be more favorable. The break
even point is when interest rates for T-Bills reach 4$.
Recommendation
I recommend that the City execute a two year contract with Bayshore National
Bank to provide banking services to the City of La Porte.
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ORDINANCE NO. 17 4 2
AN ORDINANCE APPROVING AND AUTHORIZING A DEPOSITORY AGREEMENT BETWEEN THE CITY
OF LA PORTE AND BAYSHORE NATIONAL BANK OF LA PORTE, FOR A TWO YEAR TERM,
COMMENCING FEBRUARY 1, 1991, AND TERMINATING JANUARY 31, 1993, AND ON A MONTH
TO MONTH BASIS THEREAFTER; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City-Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. .The Mayor is
hereby authorized to execute such document and all related documents on behalf
of the City of La Porte. The City Secretary is hereby authorized to attest to
all such signatures and to affix the seal of the City to all such documents.
Section 2. The City Council officially finds, determines, recites and
declares that a sufficient written notice of the date, hour, place and subject
of this meeting of the City Council was posted at a place convenient to the
public. at the City Hall of the City for the time required by law preceding
this meeting, as required by the Open Meetings Law, Article 6252-17, Texas
Revised Civil Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon.
The City Council further ratifies, approves and confirms such written notice
and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its passage
i
and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of January, 1991.
CITY OF LA PORTE
BY
Norman Malone
Mayor
ATTEST:
City Secretary
APPROVED:
-City Attorney
•
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requeste January 14, 1991
Requested By: Joel lbrecht Department: C
Report Resolution _ X _ Or
Exhibits: 1. Proposed Ordinance Amending Ch
of Ordinances.
2. Inter-Local Agreement with Har
3. Letter from Patrick H. Buzbee,
Health Department.
SUMMARY & RECOMMENDATION
ommunity Development
dinance
apter 11 of The Code
ris County.
R. S. Harris County
Summary:
Harris County Health Department has been doing all food and
health inspections in the corporate limits of La Porte for many
years. Harris County Health Department has requested an Inter-
Local Agreement be executed for the benefit of both parties.
This will allow Harris County Health Department to enforce the
companion ordinance at food service locations in tthe city limits
of La Porte.
Recommendation:
Approve Inter-Local Agreement and Ordinance #
Action Required by Council:
Approve Inter-Local Agreement and Ordinance #
Availability of Funds:
General Fund
______ Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
Approved for City Council Agenda:
i
Robert T. Herrera
~ - ~.-°~
Date
Yes .T No
City Manager
•
•
4
71ioMA8 MY3LOP, M.D.,1A.P.FL
D~RgCT'OR
o~°~`~ s
* -.`
~arPw~"
HARRlS CgUNTY HEAi,TH pEPARTMENT
P.O. BOX 25249
HOUSTON, ~xqg 785
January 9, 1991
(713) 6261841
Mr. JCal H. Albrecht. Di~+ector
of Couan~nity I~evelo~etlt
City of ~aL'orte
p- o. Box 1715
LaPorte Texas 77572-11].5
D®ar Mr. Albrecht:
~ Cu rrespondence is a t'equesti for the City c7ouncil of Laporte to add to
pc~ning City Council Agenda, a consent and
approval declaration.
This declaration emposters the City of ~.aPOrte to enter info art interlccal.
agreement, with Ha;^ris County. This agreement enharlCes the food
should be taken u~nder1 Con~iidez~ ot~ i~ eofor~ wort ssi 1~'atection
The ne®d of finis agreement
Po ble.
• 3~tncerely,
~~~ .
Patrick K. Buzbee~ R. .. Chief .
Consumer Health Services
PHB/dm
i
•
ORDT":A`~C^ ?10. 1743
AN O~.D1NTAtvCE U^' ^'uE ~^IT`l OT LJA ?)'RTE, "'~!'rLJ,
!'P~1VIi~il~i (J i"11:ST "i'r=."... ~_(lJ~+ (1+ i~ r~Ty ~i nr. ~ ~v ~r m./
r .~L•11IhVC,~,J, l_J.
fli^. Lij ~Li~lm~, ~~~ y:`:~~~.r'.D ~Y A~1P.~~~7I1G ~'..~*ft~m~+;~,
_1, AIJT.iORi?'d(~ ':':qu /~IT~' ~~~' ;,A pr-,;1m,~, -,,,
CONTH ArT WI Ti-F :-?A~RI S COUNT`! FO? FOOD
~ST2~BLISi-f:`'irV",' t~l'?TT:'T L:JAiVCE ~il~lG2Ai~ ^^RVr('•r,r•
_ - T ~ ,,
I~1C1,1.lDJ_::G v~FIr~J.TI(.'tiro; P?OVIDI~Iv ='~1~ `^':';-yam I,~1t'1,:.JL',
~,.~ ~'~1LJY ~(1 L/VD, \ltl,'"7E~Ti 1' J~J:.iL~~,l yj^ll l~,:'_/
ESTABLISnING SANIT?'LTIi7N S^'AidDARDS FOR FOOD
~ m^ T
•:~OA ~.CT_ ON AND c:=';itl? ^^; AL?0?"'t :iG BY R:;F ^RENCE
^EXAS BOA??D O' :iEALr"H "RULES Ori ;'OOD ?ERVICE
~T t,ttT ma mr ~t It ftn)+r ^+n
:J.1.V J.lri.l~.F 1V , :. VC~~,J :~~V ~.~~.)D ~TI~lV1 C
SANIT:~TION", A"1D RULES Obi FOOD SERVICED
JAN! TATI(lN :r OR ;:?`,R~ i S COT7NT~C' TEX:1S";
R~t~UIRI:Vv P~Rrfr^S` --(lP~ THE n.-'E=.E~`_"10~~ ~~F FC1C1n
L~S'!'ABLISHME~1"'^; DE.SIC~NATINTG ii11RRIS CCUt~iTI'
HEALTH DEPARTMEPIT DIRECTOR AS THE ?EALTH
ATJTT-IO?t I TY; RF.~,,7UI R I NCB FOOD SERVICE' MANAGER
CERTIFICATIOrd IV FOOD SANITATION'; ?ROVIDING
THAT '"HIS ORD I NAiICE I S CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SF,VERABILITI' CLA(JSE;
PROVIDING SI,VINGS CLAUSE; PROVIDING
REMEDIES AND PENALTY I'OR VIOLATIONS; FINDr~TG
AND DETERMINING T?AT THE MEETINGS AT W1?ICH
THE ORDINANCE IS PASSED ARE OPEN TO THE
PUBLIC AS REQUIRED BY LAW; PROVIDING FOR
GENERAL DISTRIBUTION; PROVIDING FOR
PiJBLIC_ATION IN THE OFFICIAL NEWSPAPER; AND
ESTABLIS:iIN'G AN EFFECTIVE DATE.
CHAPTER 11
HEALT~i DEPARTMENT
Section 11-1. A:~ooint:r~ent of City Hea~t'~ Officer
The City -Tanager, with the approval of .the Council, shall,
prior to October 1st, of each year, appoint a City Health Officer
who is a licensed physician, qualified to practice medicine in
the State of Texas. He shall receive for his services such
compensation as may be fixed by the Counr_i: at the time of
appointment and shall hold hip office at the pleasure of the City
Managor, with the approval of the r_ounc_il. He is to be the
director and is responsible to the City Manager for the general
administration and supervision of the Health Department..
Section 11-2. Duties of City Health Officer
The City Health Officer advises the City Manager on a
program of public health and cooperates with the Harris County
Health Department in carrying out the food establishment
surveillance program services of the Harris County Health
Department.
Th? City Health Officer is responsible for ensuring the
licensure of food handlers; the monitoring of. possible pollution
to include air, water, audio, and sanitation; the promotion of
health and suppression of disease which includes establishment of
immunization standards, disease control monitoring and
investigation for other nuisances considered unhealthy to the
Citi?~ ns of L.. Porte chid quests; shall prepare a semi-annual
written report to the City Manager regarding the quality ~~f air,
water, audio, san.it~~tion, food handling and other health-
ORDINANCE 1743, P~e 2 •
~.r..,. ' . ..
~t?iaLE'C~ ~i:.tli,~tlOtla ±':':i3t ~ i t°Ct i-le (i'1ty. ^'i-.a 7ri:ld~: Q~ .:lie
repOi. t shai. 'J°_ !~tii:'; lnr-.~~ 1,+i +-?li_' f?P~~lt:l Ilr~ .~~` .. '. ra~• ~i~n ~ ±~
_ i. i'~ 1C p_. per. C O
tf'le ritV Manager for a~~~rO~~nl. The flrlal r='port shal:~ be <'iiven
to ro~~ncil for rF~v.ew. ^':e : eoort shall be given semi-anlual~y
.3t the f:.rst Council ?-t~~?tz:~g following rJctober _~:t and ~~e ~~rst
Council `ieetin~; foowi:!<:.r An= ~1_st.
_ ~
-3. Dec ..~-~nlr: ,~f Ha' C '~- r„ ,-;
Section ~l ;=~ ~ri~ ountt f,~a._~h ^e~ar.t...~-. t
s the *.:~? ~ +-+- '~ ,~L;;nr i'-,, ~ ----- - ----~ ------
1_
The City of La Corte deg ;-InatL~ t}IP :-7di:._ l:~ i..OllrttV ^'.E'.a~i::l
Department D1 ~"P_C:tCr ;iS i ~:~ f:Ea~ ~h aLi:~lQY ity ~Or the '')Ui ~ OSe ~+i
food est.~bli~'~lmen'` uY~re:'_~ar,,c. f~~r ~ he ~~,~,~,l;c healL-h~ :~ro':ect;on
of its residents. The Barris t:ounty H?alttl Department irnCtor
shat' cooperate <<~ith the City .-Health 04ficc~r in ~:~rovid?n_ +~t2e
food _st,~lbiishment surveillance for the Ci'~y of L;_i Corte.
Section ll-4, S`a~--~ ,-eu,:i~±-ir`ns .~~anit~,~
(a) There is hereby adopted by reference tt» T~;~:.-~s
Department Of ?-iealt::, Division O~ rO~~d ?nd Drt2~~ "~:t:i°_S
l?n ^cOd S?r~.~ice S3.~itation X01.72.11.001-~11" and '-`.,e
Rules on Retail Food Store Sanitation 229.21-2-~9", and
"The Texas Food, Drug <~nd Cosmetic :~c:t" (Article 4470-
5 Vernon's Civil ^tatutes), and "Te4:as :anitation and.
Health Protection Law" (V.C.S. Article 4477-1).
(b) A .certified ropy of each rule manual, as set forth in
(a) above, shall be kept on file in the office of the
City Secretary of the City of La Porte.
Section Z1-5. Def~n~t ens
(AlI definitions in "Rules err Food Service Sanitation" and
"Rules on Retail Food Store Sanitation" are ?lereb1~ adopted. In
addition, the following definitions shall apply to this
ordinance):
(A) Re~ul~+-nrv aut'lori `v - -shall be understood to mean
representatives of tyre Harris County Health Department.
(b) Health Denar~mPnt_ - shall be understood to mean the
Harris County Health Department.
(c} city Health 1?e~art^~ent - shall be understood to mean
the City Health Department operated by the City Health
Officer.
(d) Service of notice - A notice provided for in these
rules is properly served when it is delivered to the
holder of the permit or the person in charge, or when
it is sent by registered or certified mail, return
receipt requested, to the last known address of the
holder of-the permit.
(e) Ownership of buslnPS5 - shall mean the owner or
operator of the business. Each new business owner or
operator shall comply with the current code of the
City.
(f) rood establishment - shall mean all places where food
or drink are manufactured, packaged, produced,
r)rocessed, transported, stored, sold, commercially
prepared, or otherwisr~ handled, whether of-Eered for
sale, given in exchange or given away for use as food
or furnished for human consumption. The term does not
Page -2-
• •
ORDINANCE 173, Page 3
.~ ''Frsr .'.;:...
apply to private hr,mes where Eooct is :?r.~~pared or served
for +Iuest and individual family cons um;~tion. ^h? term
:'Oes nOt apply to 3 ^IaCe :v:'lr I'P. i'C);n111t_'iCl~iily :)aC~;<aC,ed
single portion nonpotenti.ally hazardous snac': items and
wrapped candy are sold over the c-oun?-Qr .
(g) Childcare facility -~~ shall mean a facility :seeping more
than twelve (12) unrelated children That :provides care,
training, er'~acation, custody or sLlpervisi.on `_t,r
chl ~.Ciren LtndeY f 1 ~'tf'.F'il ( w~: ) ,rr`c3rS n~~ age, t/j10 ire not
related by blood, marriage or ado~,'.ion to the owr:er ter
operator of the rac;.lity, fox all nr r?art of t)~e c*<-ty,
whether or not the facility is operated for c~rofit ar
charges for the services it offers.
(tt) Non-Prof.`t f.:~cili-ies - shall include food service
enterprises Wh7.Ch are tax exempt which shall include,
but not be limited to, the concession stands at t,ie LA
FORTE HIGH SCHOOL FOOTBALL STADIUi~t, the concession
stands at the LI'TLE LEAGUE Games, and food service
activities by service r•lubs in the City of La Porte.
All of thosN non-_3rof it facilities cai:>_1 be ~-~-~au.irad t:o
make application for a permit and meet current
requirements but are exempt from the payment of the
permit fee. Proof of iRS tax. exemption may be required
by the Health Officer to determine whether: or not a
particular activity falls under the exemption for non-
profit facilities.
Section I1-6. Food Permits.
(a) Requirement - It shall be unlawful for any person to
operate a food establishment in the City, unless he
possesses a current and valid health permit issued by
the Harris County Health Department.
(b) Posting - A valid pt_rmit shall be posted in public view
in a conspicuous place at the food establishment for
which it is issued.
(c) 1`~on-tr~~nsf_erence (rPtanaA of ownership) - Permits issued
under the provisions of this article are not
transferable. Upon change of ownership of a business,
the new business owner. will be required t~ meet current
standards as defined in City ordinances and state law
before a permit will be issued.
(d) Denial, Suspension, or Revocation of Permits - The
Harris County Health Department may deny, suspend, or
revoke any permit to operate a food service
establishment, retail food store, temporary food
establishment, mobile food unit, or roadside food
vendor if the holder of the permit does not comply with
these rules and regulations or if the operation of the
establishment otherwise constitutes a substantial
hazard to public health. A permit can be suspended
only after notice and an opportunity for a hearing as
described in Section 25-6, Subsection (e), have been
givers. -This notice must list specific violations of
rules and regulations and a period of time in which
violations are tt~ be corrected. Failure to correct
violations a~ listed on the notice will be grounds for
denial, suspension, or revocation of a permit. If a
permit is then denied, suspended, or revoked, the
holder of the permit has three (3) working days to
request a hearing. TPtis request must be in writing and
delivered to the Harris County Healt}1 Program. A
hearing mirst be )geld within seven ( 7 ) working days .of
the request. If not request for hearing is made within
the time ii.mits, the denial, suspension, or revocation
is sustained.
. Page -3-
•
ORDINANCE 1743, Page 4
(e } Hear i ii~7 - The hearings provided '= °- `~'~` ,~`~`~' ~ ~
cur in tnF se ru_e._
shall be conduct,_>d by the Harris c"c~i_tnty Health
Department at a time c~nd place designated by it. Based
upon the recorded evidence of such hearings, the f-iarris
County Health Department shall make a final finding,
and shall sustain, mothfy, or rescind any notice or
order conJidered in the hearin~~. A written report of
t'r.e hearing decision -hall be furnished to the holde~~
of the permit,. license, or certificate by the Harris
County Health Department and kept on file at the City
of La Porte.
(f) Application after revocation - '~lhenever a revocation of
a permit has become final pur<uant to the determination
of the Director of the Harris County health Department,
the holder of the revoked hermit ~iav make written
application for a new permit to the Health department.
(g} Permit Fees - A health permit fee, au~ establishr~d by
the Commissioners Cot:rt in unicorporated areas of the
county, is required annually for each food
establishment. F?es are due and payable on or before
one (1} year frorn date of issuance and are to be paid
to the Harris County Health Department at 2501_ Dunstan,
Houston, Texas.
Section 11-7. Review of Plans.
(a) Submission nf_ Plans - Whenever a food establishment is
constructed or extensively remodeled and whenever an
existing strricture is converted to use as a food
establishment, property prepared plans and
specifications for such construction, remodeling, or
conversion shall be submitted to the City of La Porte
and the Harris County Health Department for review and
approval before construction, remodeling or conversion
is begun. The plans and specifications shall indicate
the proposed layout, arrangement, mechanical plans, and
construction materials of work areas, and the type and
model of proposed fixed equipment and facilities. The
City of La Porte and the Harri:~ County Health
Department shall approve the plans and specifications
if they meet the requirements of these rules and the
regttirernents for the issuance of a Building Permit from
anyone from the normal procedures for obtaining
Building Permits frorn the City of La Porte. No food
establishment shall be constructed, extensively
remodeled, or converted except in accordance with plans
and specifications approved by the Harris County Health
Department and in accordance with the City of La Porte.
(b) Pre-operational Inspection - The Harris County Health
Department shall inspect any food establishment prior
to its beginning operating to determine compliance with
approved plans and specifications and with the
requirements of these rules.
Section 11-8. Food Manager Certification.
(a) Requirement - Every permitted food establishrent except
establishments dealing oril_v in: fresh produce:
nonpotentially hazardous food; and/or prepackaged
potentially hazardous food1 shall have a person
employed in ~~ managerial capacity processing a r_urrent
Page -4-
•- •
ORDINANCE 1743, Page 5
~+.~,r -.:..
food manager's certificate issued by the Health
D~par.tment. A certified m._rn,:+~.Eer ~~r ~ers~~n in charge
must be on duty during all i~~ours of operation of any
none:tiempt food service establishment ~moloying six (5)
or more employees per eight (81 hour shift.
Upon written application and nreer~tation of evidence
of satisfactory com:~letion of a Food manager's course,
equivalent training, or examination as approved by the
Director of Public Health, file Eiralt,i :~enartmer:t shall
issue a food manager's certificate valid :~or tilr_ee i~?
years from the date o trainin~-~ or evaluation unless
sooner revoked. Suspension or revocation of an
estai~Iishment's health permit by the Health Departmer:t
shall constitute cause fnr revocation of that manager's
certification.
Whenever the food service operator holding the
certificate terminates employment, is terminated, or is
transferred to another food establishment, the person
owning, operating, or managing the food establishment
shall be allowed sixty t60) days from the date of
termination or transfer of the certification holder to
comply with this section.
(bi Exemptions from certificate requirement - Temporary
food establishments and persons participating as
volunteer food handlers performing charitable
activities for periods of fourteen (14) days or less
may be exempted from the requirement fur manager's
certificate.
Section 11-9. Fine for Violations.
Any person who violates a provision of this ordinance, upon
conviction in the municipal court of the City of La Porte shall
be subject to a fine not to exceed TWO HUNDRED DOLLARS ($200.OG)
for each offense, and each and every day such violation continues
shall constitute a separate offense.
Section 11-10. SaV1nUS Clause.
It is hereby declared to be the intention of the City
Council that the articles, sections., paragraphs, sentences,
clauses, and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph, article, or section of this
ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of .competent jurisdiction, such
unconstitutionality shall not affect any of .the remaining
phrases, clauses, sentences, paragraphs, sections, and articles
of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause, sentence, paragraph,
section, or article.
Section 11-11. men Meetings Law
The City Council officially finds, determines, recites and
declares that a sufficient written notice of the date, hour,
place and subject of this meeting of the City Council was posted
at a place convenient to the }'public at the City .Hall of the City
for the time required by law preceding this meeting, as required
by the Open Meetings Law, Article 625?.-17, Texas Revised Civil
Statutes Annotated; and that this meeting-has been open to the
public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such ~rritten notice and the
contents and posting thereof.
Page -5-
ORDINANCE 1743, P~e 6 •
~?ection ~~-12. Effective '?at:e
This Ordinance shall 'tee effective from and after t`~e
passage, approval, and publication of its caption, as required by
law, .end it is so ordered.
PASSED AND APPROVED this .4th day of
1990. "
r~ITY ~~F LA FORTE
By' _. ~.-
Norman P~taione, ,fayor
ATTEST:
City Secretary
APPROVED:
City Attorney
Page -6-
• •
ti-- ~~~.~. • . ..
COi~TTt^iACT BE'"j'lE Eid HARRI S COU'N`TY
AND T::E CIT`E' OF LA PORTE
FOR THE OPERATION OF
THE CITY i~F LA PORTF HEALTH ^EoARTMENT
T:iE STATE OF TEXAS 3
COUNTY OF HARRIS
This Agreement, made and entered into by and be1~-ween Hr3rris
County, hereinafter referred to as "County", act.irig herein by and
throu~~h SON LINDSAY, its duly authorized County S~zdge as directed
b_y the Commissioners' Court of r?arris County, and the City of La
Porte, a InL1nlCipal COrpOr3tiOn Siti:atPd LI1 'r'are i5 ~:.t~ill"11~~y, Teas,
}iereinafter called "City", acting herein by ~.~nd through NORMF.N
MALONE, its duly authorized Mayor.
W I T N E S S E T F?:
WHEREAS, the governing bodies of the parties tiereiri find the
following agreement in the best interest of the citizens they
serve; «nd
WHEREAS, Article 3, Section 64, of the Texas Constitution,
and Article 4413 (32c) of the Revised Civil Statutes of Te:{as
authorize Counties and Cities in the State or" Texas to contract
functions and services, including those iti the area of public
health and welfare; and
WNEP.EAS, County and the City, pursuant to the Constitution
and the laws of the State of Texas, desire to make and enter into
a contract whereby County will make available to City the
County's Food Establishment Surveillance Program Services for the
public health protection of its residence;
NOW, THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
That the County and the City do hereby covenant and agree as
follows:
I.
County hereby makes available to City, for the protection of
City's residents, Food Establishment Surveillance Program
Services through the Harris County Health Department.
II.
The County, acting- through the Harris County Health
Department, pursuant to its Food Establishment Surveillance
Program, will provide its services to all food establishments
located within the corporate limits of City during the term of
this agreement. The said services shall consist of a food
establishment surveillance program, certification of
establishments for issuance of health permits, collection of fees
(except as may be otherwise provided by City Ordinance of the
City of La Porte), notification to City of violations of health
ordinances, documentation of food establishment surveillance
program activities within City in a semi-annual report, and,
where legally required by ordinance, approval of food
establishment managers training and certification.
_I:.
"'fie City agrees to ,::aint~~in, dur_r.g t'.:~ .,ar_od of t"is
~_I~r°_e:;lf?nt, Ordlnc~nCe:".> W~11Cr! : .~-~C~OCt ',:1?E.` r: L: 2. ?:?nt ".'c?~:~=I '_--'.Cr? ~ ~i O
.''.''.3l%~1 'tn•.:! PS CIi Food ~ 1 ~ ~~ L ~e Ifn n ~ ? en a
c,erV Cep ,ani ta:.lOn ,.Ind _ t~l?C r+?4a1.. CGS.
::tOre S3iiii..atiOn"; and thP_ "r?i.ll`~S On Foc~~ ~nr`,i~.=~' :'~n~~::?tiCP. iCr
t':arri5 COilnty, ':'e::a: "; des .'mate the ~ireCtC_- Oi the _:3rr1S
"oun'-,/ ;'with Deoartm:ent as i~:~I?th Aut::ori`• `o~ the ~ sa ~~;
.. ;' '7Lli JO S
thi s a+:;ree^IP_.nt; t0 regl.ire all fOCd t?~ t3}~l_.: Y:T?!P?:t.S, '~%i f:t? in `!-?e
%.ity'~, corp0l-ate llmlt5,~ tC ::laintain a Value!'; ':'~t~t:; D2~mlt; 3CIODt
health permit fees as establisnec :~y C~~:::r,Ii"..icner'~ Cot,rt of
:?arri:~ COtlnty f0~ the L1i11nC0?'_JOrc?tGl~ ,~rC'a O~ _:lC~ '.~JLIn::~~ =^L' F?~:Ci1
food `stablishment ~:nd for ?ach temt~or,~r_ _ood establ~.shme?zt;
3s31Cn tC the `--Tc?Lr_S (_'Ciw;~-~: eal.h Dew?rt:Il_','IF .`t'p a'Ithor.+'V t0
CC`l'i-i..t i:ealt:; Cer:illt fees CireCt~~,' ~r0.^,1 ~~'i'""._ } ~1-J `' [1~C3 tSi J~ir:d,
where not preclude' by ~~.~ recuire ~~od es ~c:~'_i~.'. ~: CP ?_4J .,~ ~Z.. ',
r '."1 ' C'.
CP_ri_:}ied manaers.
~V.
The Cottr.ty shall be responsible Lor F?nto°cer.:='^.t of tine
City's Food Permit Ordinance.
V.
The term of this agreement is for a period of five (5) years
commencing on , and ending on
unless wither the County or City provides thirty (3Q) days
written notice to the other '-hat an amendment or termir:ation is
necessary.
VI.
Caur.t:y is an independent contractor under .the terms of this
agreement and is not an officer, agent, servant, or employee of
City.
of
EXECUTED in duplicate originals, on this
19 .
day
BY•
NORMAN i4ALOP7E
Mayor
f?ARRIS COUNTY
STATE OF TEXAS
CITY OF ~,A PORTE
BY:
County Judge
ATTEST:
CHERIE BLACY., City Secretary
City of La Porte
APPROVED AS TO FORM AND LErALITY:
BY:
KNOX ASKINS
City Attorney
APPROVED AS TO FORM:
idIKE DRISCOLL, County Attorney
BY: '
Assistant County Attorney
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T E X A S NOV 2 5 ~~
MUNICIPAL LEAGUE C~(Y
MANAGERS
4~F~CE
November 19, 1990
MEMORANDUM
TO: Key Officials in Selected Cities Covered by Chapter 143 of the Local
Government Code, Municipal Civil Service ~
FROM: Frank J. Sturzl, Executive Director ~~~,{-S, S;~Wv+'~'
SUBJECT: Police and Fire Civil Service
In our July 30 and September 25 memos to you, we requested that you do the
following:
1. Ask your council to adopt a resolution supporting TML's ten
proposed civil service amendments.
2. Forward a copy of any council resolutions to me, here at the TML
office.
3. Provide the names of any elected officials who would be willing to
testify in support of these amendments.
Our records indicate that your city has not yet responded. We encourage you to do
so as soon as possible.
Enclosed with this memo are:
1. A sample, fill-in-the-blank resolution; and
2. Descriptions of all ten proposed amendments.
If you have any questions, please let us know.
Thank you for your assistance.
cc: TML President Lee Cooke, Mayor, Austin (Chair of the TML Labor
Relations Task Force)
TML Immediate Past President Joan Baker, Mayor Pro Tem, Lubbock
TML First Vice President John Marshall, Mayor Pro Tem, Lancaster
TML Second Vice President Suzie Azar, Mayor, El Paso
TML Past President Kathy Whitmire, Mayor, Houston
---
211 East Seventh, Suite 1020 ~ Austin, Texas 78701-3283 • (512) 478-6601
• •
Tim Edwards, Mayor, San Angelo (Vice-Chair of the TML Labor Relations
Task Force)
Dan Mohon, Mayor, Orange
James Gill, Mayor, Corsicana
Milburn Gravley, Mayor, Carrollton
Jim Alexander, Councilmember, Denton
Kel Seliger, Commissioner, Amarillo
Nolie Wilson, Councilmember, Denison
Eugene McCray, Councilmember, Fort Worth
Paul Mayberry, Commissioner, Lufkin
George Veneer, Sr., Mayor, Mesquite
Emmett Hutto, Mayor, Baytown
James McCarley, Assistant City Manager, Plano
Rita Harmon, Assistant City Manager, Lubbock
Larry Kendrick, Deputy Chief of Police, Houston
John Lee Cook, Fire Chief, Denton
Mike Courville, Chief of Police, Duncanville
Sage White, Assistant City Attorney, Austin
Randy Strong, City Attorney, Baytown
Charlie Shapard, Director of Personnel, Fort Worth
Randy Cain, Assistant City Attorney, Dallas
Jimmy Culver, Councilman, Mesquite
Hal George, City Attorney, Corpus Christi
\J
A RESOLUTION OF THE CITEXASU SUPPORTING THE TEXAS
MUNICIPAL LEAGUE'S PROPOSED AMENDMENTS TO TEXAS LOCAL
GOVERNMENT CODE CHAPTER 143 (MUNICIPAL CIVIL SERVICE
ACT) TO RESTORE PROPER AND EFFECTIVE MANAGEMENT TO
POLICE AND FIRE DEPARTMENTS; ENCOURAGING THE VARIOUS
LEGISLATORS REPRESENTING THE
AREA TO ADOPT AND SUPPORT SUCH LEGISLATION; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, TEX.L.GOV'T.CODE Chapter 143, hereinafter referred
to as the Municipal Civil Service Act, was originally enacted
forty-three years ago to prevent mismanagement of police and fire
departments, and was a needed and well-intentioned statute; and
WHEREAS, the numerous amendments to the this law made by the
Texas Legislature since 1947 have eroded the ability of local
governments to effectively and responsibly manage their police
and fire departments under the Municipal Civil Service Act; and
WHEREAS, since 1947, politics have been reinstated into
police and fire operations through the large campaign
contributions of police and fire union organizations made to
encourage various amendments limiting the management ability of
local government; and
WHEREAS, the Municipal Civil Service Act should be amended
to provide for hiring and promotion using means other than
strictly written exams, therefore allowing municipalities to
incorporate affirmative action plans in their police and fire
departments; and
WHEREAS, the Municipal Civil Service Act should be amended
to provide that a municipality may remove itself from the
requirements of the Act using the same method that is used to
adopt the Act, therefore allowing cities to remove themselves
from a provision which has changed dramatically since it was
originally created by the Texas Legislature; and
WHEREAS, the experience of numerous cities across the State
with the use of hearing examiners under the Municipal Civil
Service Act has proven the hearing examiner system a failure, in
that police chiefs and fire chiefs have lost management authority
over their own employees, with a resulting loss in the efficiency
and effectiveness of public safety departments in those cities
subject to the Municipal Civil Service Act; and
WHEREAS, the proposed amendments will assist the City of
in maintaining efficient, effective,
well-managed police and fire departments, resulting in better
public safety for citizens, which is
------
the goal of both the City and the officers in the police and fire
department; and
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~~~'~" RESOLUTION N4. 91-01
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A~': ESOLUTION OF THE CITY COUNCIL O~ THE CITY OF LA PORT.# TEXAS,
S pPORTING THE TEXAS MUNICIPAL LEAGUE'S PROPOSED AMEND ENTS TO
'~`~~AS LOCAL GOVERNMENT CODE CHAPTER 143 (MUNICIPAL CIVI SERVICE
A", R') TO RESTORE PROPER AND EFFECTIVE MANAGEMENT TO LE SLATORS
PRESENTING THE LA PORTE AREA TO ADOPT AND SUPP T SUCH
ISLATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREO
r~;l' WHEREAS, TEX.L.GOV'T CODE Chapter 143, hereinafter ~eferred
t,~ as the Municipal Civil Service Act. was originall l enacted
f rty-three years ago to prevent mismanagement of police nd fire
d'~partments, and was a needed and well-intentioned statu and
rs
~,
~~' WHEREAS, the numerous amendments to this law made by ~ e Texas
,gislature since 1947 have eroded the ability of local go rnments
effectively and responsibly manage their police d fire
c~''t~artments under the Municipal Civil Service Act; and
m!'i, WHEREAS, since 1947, politics have been reinstated in o police
a''d fire operations through the large campaign contrib ions of
`'lice and fire union organizations made to encourag various
endments limiting the management ability of local gover •' nt; and
„i
,~~~" WHEREAS, the Municipal Civil Service Act should be a nded to
'ovide for hiring and promotion using means other thane' trictly
p`itten exams, therefore allowing municipalities to in,'rporate
~firmative action plans in their police and fire departm' ts; and
a,
''"' WHEREAS, the Municipal Civil Service Act should be a ended to
~,l
ovide that a municipality may remove itself from the req 'rements
~~ ~ the Act using the same method that is used to adopt I he Act,
erefore allowing cities to remove themselves from a ovision
"ich has changed dramatically sine it was originally c ated by
;'e Texas Legislature; and
a ~;
WHEREAS, the experience of numerous cities across a State
` `th the use of hearing examiners unider the Municipal Civi Service
~'t has proven the hearing examiner system a failure,",in that
` lice chiefs and fire chiefs havenlost management autho 'ty over
eir own employees, with a result;~ng loss in the effic, ncy and
fectiveness of public safety depa tments in those citi 'subject
the Municipal Civil Service Acts and
~ ~~
~ WHEREAS, the proposed amendments will assist the C' of
' Porte in maintaining efficient,j~effective, well-many police
d fire departments, resulting in~~better public safety ~r
~'` ~ Porte citizens, which is the ~oal of both the Cit and the
~ficers in the police and fire department; and
s;
WHEREAS, a task force composed of elected and admin~ trative
~ficials from cities across the Mate have determined hat ten
endments to the Municipal Civil Service Act should be opted to
dress these needed changes, a "dopy of such amendme. s being
tached hereto. ,'
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NOW, THEREFORE, BE IT RESOLVE BY THE CITY COUNCIL THE
CITY OF LA PO '"I'E , TEXAS
~;~ ~~
i;~s
Section 1. That the City o La Porte hereby req sts and
'courages the Texas Municipal Lea'~ue, on behalf of the ty of La
rte and other cities subject to the Municipal Civil Se :ice Act,
coordinate the preparation end submission to t~°e Texas
gislature of the amendments to TEX.L.GOV'T.CODE Chapt'y~ 143 as
scribed in the attached Exhibit "A".
Section 2. That the City of La Porte hereby ages the
~° ~'gislators representing the La Porte area, in the Texas
'~~~ islature to su ort and ass the pro osed amendment so that
g PP P P ~~
'' ~ eir constituents livin in La Porte will be served b the most
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a
fective and efficient public safety departments possib~e.
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~~~SOlution 91-01, Page 2
''
;~~ Section 3. This resolution shill take effect immedia ;ely from
a~~~'d after its passage. by the City Council of the City of ''a Porte.
,;
#I'i PASSED AND APPROVED this the 14th day of January, 111.
ry;
'Iry~ CITY ' OF LA PORTE
i
By
~' Norman L. Malone, Mayor
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EST : ~~~ ~
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^erie Black, City Secretary '!
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Chapter 143.057 allows a police officer or fire fighter to appeal a disciplina ;action
to a third party hearing examiner. The only qualification necessary under ate law
'is that the hearing examiner be a member of either the American Ar ~tration
"Association or the Federal Mediation and Conciliation Service.
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'~ Proposed Change
~;
pThis amendment would require that a third arty hearing examiner receiv special
:.'training regarding Chapter 143 or that the hearing exanuner be a retired o former
!~ judge who is a member of the State Bar.
Reasons for Proposed Change
(~
,s
;Several cities have experienced problems with third party hearing exa ers not
~~ understanding the nature of police or fire work. Police officers and fire fighters,
'' because of the very nature of their work, interact with citizens everyday. refore,
~' when a police chief decides to indefinitely suspend a police officer be se the
y ;officer has shown a history of unnecessary violence in arrest situations, vi tion of
'' criminal laws, or for other reasons, the examiner often fails to unders rid the
,;; liability the city faces by keeping that officer on the force.
~~ In an attem t to reach a compromise between the city and an officer who;: `as been
~~ disciplined, hearing examiners have reduced the punishment even thought re is no
dispute as to what the officer did. Since there is no appeal from a decision' cept in
~~ ~ i v limited situations, the city is often forced to return an obviously bad ficer or
fire fighter to the force. '~~
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;: AN AMENDMENT REQUIRING HEARING x '',
EXAMINERS TO BASE THEIR
DECISIONS ON SPECIFIC CRITERIA
4
Current Law
c
N `Section 143.057(f) states that the hearing examiner has the same duties an ~ ;dowers
has the Civil Service Commission as they relate to conducting disciplinary ~ ppeals,
'including the right to issue subpoenas. ~ ~ ;
~'` 'f 'Section 143.057(j) provides for an appeal to district court of a hearing ex iner's
'..decision only on the grounds that the examiner's decision was without ~uris ~ _ ion or
exceeded its jurisdiction or if the order wasprocured by fraud, collusion, other
unlawful means.
Pro osed anQe
This amendment would clearly define the p r Would statenthatual coammis n oroa
'. ~ the commission. The proposed amendment
,third party hearing examiner may uphold a suspension or dismissal of a fi ~, fighter
or police officer for a violation of a civil service rule by determining that th xpecific
~ charges against the fire fighter or police officer are true. This amendme ~ would
clarify that the same "findings" standard currently required of the commissi is also
uired of the hearin exarruner. In the event the hearing examiner does ~t make
recd g
', '~ a finding concerning the truth of the charges,'that decision may be appeale ,;
Reasons for Proposed Chanee
The commission is required to find the truth of the specific charges again ~ the fire
".fighter or police officer, and the hearing examiner has the same duties an .powers
' ~' as the commission. However, if a hearing e~caminer does not make a fin , ing as to
the truth of the chargesexam ner and a rovic~e for an appeal f ~hedhearing ~claminer
this duty of the hearing p
fails to comply. J
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AN AMENDMENT RE(~UIRING THAT
~~ HEARING EXAMINER BASE THEIR
DECISIONS ON A PREPONDERANCE OF
F THE EVIDENCE NOT ON CLEAR
AND CONVINCING EVIDENCE
current Law
Section 143.057(j) provides for an appeal to district court of a hearing e
decision only if the decision was without~urisdiction, exceeded jurisdiction
s order was procured by fraud, collusion, or other unlawful means. Current
' not provide a standard of proof that must be met by the city in an ap
disciplinary decision to a hearing examiner.
Proaosed Change
This amendment would specifically state that the decision of a hearing
must be based upon a preponderance of the evidence and that failure
would be grounds for appeal of that decision to district court.
Reasons for Proaosed Change
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do so
Although the standard of proof in civil cases in Texas is a prepondera ' e of the
evidence, some hearing examiners have required the city to produce "dear and
convincing" evidence to justify the disciplinary decision. This amendm >it would
clarify the burden which is required and would allow an appeal in the eve ` that this
standard is not utilized by the hearing examiner.
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4.
AN AMENDMENT PROVIDING THAT AN APPEAL TO
HEARING EXAMINER IS LIMITED TO
CASES IPLINAROY ACTIONS OF T N DAYS OR MOR
OR DISC
Current Law
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This amendment would allow the fire figghter or police officer the ~ voice of
;appealing to a hearing examiner only in the case of an indefinite susp' Vision, a
"recommended demotion, or a suspension of ten days or more.
Section 143.057(a) requires that the city's letter of disciplinary action issue
fighter or police officer state that m an appeal of an indefinite sus
'; suspension, promotional passover or a recommended demotion, the apF
fighter or police officer may elect to appeal Ito an independent third ~a
'examiner instead of the civil service commission. Therefore, the fire
police officer is given the choice of going ,before the commission or
hearing examiner since both have the same jurisdiction in appeals.
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Proaosed Change
Reasons for Proposed Change
The cities under civil service have had five years of experience with a eals to
hearing examiners. A two-day hearing often' costs $1,500 or more, not incl ' ing the
'hearing examiner's travel expenses. This seems particularly expensive en the
appeal involves aone-day suspension. An appeal of a one-day suspensi ' to the
'civil service commission costs virtually nothing. This amendment would Ilow an
appeal to a hearing examiner in the most serious of disciplinary acti s -- an
indefinite suspension, a recommended demotion, or a suspension of to ,days or
4 more. This amendment does not dilute;... an officer's right to a du ;process
s proceeding, since the promotional passovet or suspension of less than days is
E always appealable to the civil service commission.
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AN AMENDMENT PRQVIDING THAT A ~';I
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HEARING EXAMINER SHALL UPHOLD THE
DISCIPLINARY DECISION OF THE CHIEF IF
THE HEARING EXAMINER MAKES A FINDING OF
!, THE TRUTH O F GHTER OR POLICE OFF CER NST','
THE FIRE ~
I~ Current Law 1
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~ '~ ~ The hearing examiner has the ability to alter the disciplinary action impos by the
' ~ chief even if the hearing examiner has made a deterTrunation that the city' ~icharges
:against an officer are true. + ~~
~m Pro.Posed hange ~~E
b.
This amendment would clarify any confusiori'~ regarding the determination t at must
'f ~ ~ be made by a hearing examiner. The heanng examiner must make a findi ~ of the
'~ 4 truth of the specific charges. This amendment would also provide that nce the
hearing examiner has made a finding of the xruth of the specific charges a inst the
~ fire fighter or police officer, the disciplinary action recommended by the c of shall
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if'. '~ Reasons for Proposed Change {
~~ been cgnfused as to the finding th I ust be
~~ In the past, heanng examiners have
j~ made at an appeal hearing and the level of proof that is required of 'city m
;';'; defending its disciplinary recommendation. The amendment would c „rify the
findings that must be made by the examiner.
',' Additionally, hearing examiners, in an attempt to reach a compromise be een the
' ~ chief and the disciplined uniformed officer, wall: (1) find that the charge re true,
,{ # but (2) determine that the disciplinary recommendation is too harsh and r uce it.
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~1 I,~. AN AMENDMENT REQpUIRING THAT A HEARING EXAM ';~ ER
~~ , ' ~ FOLLOW THE PI~OCEDURA;L RULES USED BYGT~E
~ OMMISSIQN AND ALLOWIN
I~• ~ ~ CIVIL SERVICE C
~ CITY TOOR FAILURE TO OLLOWMTHE RULESCISIQ,
Current Law '~
Section 143.008 re uires that the commission adopt rules necessary fort ~' proper
conduct of commigssion business. There is no appeal of a heanng ~ 'rruner's
decision to district court by the city except in very limited situations. !'
',' Proposed change
!, ~ This amendment would require that a third party hearing examiner f ~ how the
j r;~ procedural rules set by the city's civil service commission. It would also all for an
'k appeal of the hearing exarruner's decision'- if the examiner failed to f ~ • ow the
j +~ commission's procedural rules.
j
F Reasons for Proposed Change
~.
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Civil service commissions often adopt detailed rules regarding procedures hat must
P~'' be followed during an appeal hearing. In the absence of a sppec fic rule,
~ !'` commissions often require ~n their rules that the rules of civil procedur shall be
followed.
Hearing examiners have often held hearings in which neither the commis ion rules
nor the rules of civil procedure were followed. Under current law, the ci cannot
~ ;appeal the hearing examiner's decision for failure to follow the commissi n's rules
'~ ~ of procedure.
~~ This amendment would clarify the procedural rules that the hearing exam ner must
follow and would allow the city to appeal a hearing examiner's decision ' ~- district
', ~ court for failure to follow those rules.
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°~ '" AN AMENDMENT PROVIDING THAT A
~' DEMOTION IS EFFECTIVE IMMEDIATELY,
I'~~ SUBJECT TO AN APPEAL
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C'nrrent Law
Under Sec. 143.054, the chief of the fire or police department may reco enrd~ie
writing to the civil service commission that an officer be mvoluntanly demo ed.
k '!~ chief must include reasons for the recommended demotion and request that the
'~'~ commission order the demotion. If the commission believes that good ca se exists
? ~~~ for ordering the demotion, the commission shall give the fire fighter or poli a officer
notice to appear before the commission for a public hearing. The commis on must
jC give the police officer or fire fighter ten days notice before the hearing. !.
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ii Proaosed Change j '
4
~; This amendment would provide that when the chief recommends a demo Yin for a
police officer or fire fighter, the demotion would take effect immediately, ' bject to
the appeal. `~'P
Reasons for Proposed Change
Currently, if the chief recommends a demotion, the decision must await a review
and possible appeal to the commission or a third party hearing examiner. a only
time requirement in the statute is one which requires that the commis ion give
notice to the affected police officer or fire fighter. If the officer as been
~; suspended, the commission must hold a hearing and render a decision ~ writing
wtthm 30 days after the date it received notice of appeal. Often, ~ 'ttorneys
'il.~ representing the employee in a demotion appeal will delay any heari ,, on the
~': matter, effectively blocking the attempted demotion of the officer. , ;:
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~~ There seems to be no logic for the difference between a suspension (,~ ich has
'`,`i immediate effect) and a demotion (which had effect only after an appeal),
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AN AMENDMENT ALLOWING AFFIRMATIVE ACTION P
TO BE IMPLEMENTED IN POLICE AND FIRE DEPARTM
Current Law
Under Section 143.026, when a vacancy occurs in a beginning position i~
police department, the civil service director certifies to the city's chief
officer the names of the three persons having the highest grades on the
list. The chief executive officer then appoints the person with the higl
unless there is a valid reason that the person having the second or thi
grade should be appointed.
I:
Proposed.~hangg
Under this amendment, an additional name from the eligibility list may be
the list submitted to the chief executive officer to fill a vacancy in a 1
position. This additional name is allowed if the city council has ad
affirmative action plan that has been approved by the civil service commiss
The additional candidate from the eligibility list must meet all t
qualifications and criteria necessary to fill a beginning position. Currently
executive officer can. appoint the person with the highest grade unless
good and sufficient reason that one of the other persons named s
appointed. Under the proposed amendment, the implementation of an a
action plan would be a "good and sufficient" reason to appoint someone c
the first person on the list.
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t Ciry councils are currently being sued for im~alementation of affirmative ~
m their police and fire departments. Local ~Ci councils should be able 1
,~ ~ °' implementation of affirmative action plans ~'n hiring of police and fire ps
. ~ avoid court-ordered sanctions or comply v~th appropriate consent des
provision would also allow local aut orit ~s to consider what is bed
community in balancing the make-up of pt~!lice/fire departments in lie
the courts make those determinations. The unions contend this is a viols
' ~' Civil Service Act because there is no provision that allows for these apF
i City councils should be allowed to hire minorities and women when
'~ i adopted an affirmative action plan. ' ~''
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AN AMENDMENT CON~i,I
PROCEDURES WI's ADO'
RMING REPEAL
ION PROCEDURES
~;
Law To Adoat Civil Service
~ ~' A city may adopt civil service under Section ~'43.004(b) if the city council
~ petition requesting an election signed by lq;,percent of the number of ~
ii ,; voted in the most recent municipal election.'',I.The resulting election is de
majority of those voting.
~~~~ Law To Repeal ('ivil Service ''~,~N
~~,
j If the voters wish to repeal civil service, the `~tition must be signed by 10
~ u all the qualified voters in the city. In or 'fir for the repeal effort to
majority of all qualified voters in the city mint vote for the repeal.
G
This amendment would allow voters to petition for repeal of civil service
same number of signatures with which the voters can petition to adopt ci
The amendment would also provide that thy' election for repeal shall be d' 'c
a majority of those voting. ~~ ; ',I~~
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Reasons for Pro~.osed Change
Since the Civil Service Act was enacted by II~he Legislature in 1947, pearl
have adopted the civil service statute by el "',~tion. Since that time, the ci
statute has been amended numerous times Into include many more provi
~~ had been originally approved by the voters. ,' ~!~~
{' What was initially adopted by cities as the civil Service Act is not what!
living with today. Therefore, voters should '+~ able to petition and vote to ~
'; city's adoption of civil service if the syst.;~n no longer meets the nee~'°
j~ expectations of the citizens in the communit~+',
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{! AN AMENDMENT
"'~' ALTERNATIVE TEST
FOR FIRE DE
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#: OVIDING FOR
:G PROCEDURES
'~:RTMENTS
Under Section 143.035, upon the recomrtlendation of the chief of t '~ police
department, and after a majority vote of the;' worn police officers in the de ~rtment,
the commission may adopt an alternate promotional system to select p arsons to
occupy non-entry level positions other than positions that are filled by app, mtment
by the department head ~'~~ ; ~i!
Proaosed change
'' Allow the same alternative testing procedure for fire departments. , ~`
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Reason for Proaosed Change '~'
Currently, only police departments may cNpose alternative testing proce ures. If
the same safeguards (a recommendation by,the chief and a majority vote ~ the fire
' department) are adopted for fire departments, the commission should be a lowed to
adopt an alternative promotional system ~o promote persons to non-e try level
'l ', positions. There is no good reason that a police department is allowed t ~ exercise
this option and a fire department is not.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE REQUESTED January 14, 1991
REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance
X REPORT RESOLUTION ORDINANCE
EXHIBITS: None
SUMMARY AND RECOMMENDATION
The City's fiscal year ended September 30, 1990. At that time, there were 34
outstanding purchase orders. The purchase orders represented goods that were
ordered and budgeted funds that were committed to procure items necessary to operate
the City. In the past, these "open" purchase orders at year end have been handled
in a manner that has caused extra work for employees and mass confusion for the
divisions involved. I have researched and found that the optimum method of handling
the "open" purchase orders is to re-establish these items for the new fiscal year.
This action will have no effect on the working capital of the various funds.
A breakdown of the "open" purchase orders by operating fund are as follows:
Fund Number Amount
General Fund 26 $52,966
Utility Fund 5 13,721
Vehicle Maintenance 2 521
Golf Course 1 2.450
Total 34 69,658
In addition, there are a few items in the General Fund that we would like to carry-
forward from fiscal year 1989-90 to fiscal year 1990-91. All of these items were
budgeted in the last fiscal year but for some reason or another the projects were
not completed nor were the funds encumbered by a purchase order at the end of the
fiscal year. The projects and corresponding amounts are:
Houston Chemical Services permitting process $57,582
Procurement of Data Processing Hardware/Software 14,900
Updating of the City's Personnel Policies 10,000
Parking Lot for Northwest Park 75,158
Generator for Fire Department 14,050
The above amendments will not have an impact on the projected working capital
balances for the year because they were all projected to be expended in the last
fiscal year.
ACTION REQUIRED BY COUNCIL:
Instruct the Director of Finance to amend the various budgets as follows:
General Fund $224,656
Utility Fund 13,721
Vehicle Maintenance Fund 521
Golf Course Fund 2,450
AVAILABILITY OF FUNDS:
GENERAL FUND UTILITY FUND OTHER
ACCOUNT NUMBER: N/A FUNDS AVAILABLE: YES NO
APPROVED FOR CITY COUNCIL AGENDA
ROBERT T HERRERA DATE
CITY MANAGER
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
T0: Robert T. Herrera, City Manager
FROM: Jeff Litchfield, Director of Financ
DATE: January 8, 1991
SUBJECT: Amending the 1990-91 Budget
•
I want to make a change in the method of accounting for purchase orders that
are open at the end of the fiscal year. This change is very painless and will
reduce our workload considerably.
In the past, purchase orders at the end of the year are encumbered against the
old fiscal year. What this means is that we show a portion of our Fund
Balance as being "Reserved for Encumbrances". We do not actually expense the
item in the old fiscal year. After the product is received, the payment goes
against the new fiscal year because the expense does not occur until the money
is paid. This process creates a series of journal entries where we credit
each account with a "Reserve for Encumbrance". At the end of the year, we
have to reverse the above mentioned entry. I also have to adjust the CAFR to
show the correct budget and expense amounts.
Because we have to charge the purchase order to the current year, it creates
considerable confusion with the division heads. It appears to them that the
expense will be charged against their current budget and because it is
included in their totals, it provides them with an inaccurate expense amount
to compare to the current budget.
If we amend each budget for the open purchase orders, it will alleviate the
above mentioned problem. The expense will still be shown in the current
fiscal year, and will be offset by the increase in their budget. Their funds
remaining will be accurate and it will completely do away with the adjustments
that I have to make at the end of the fiscal year.
The net effect on working capital under each method is the same.
In addition, at this time, I would also like to adjust the budget for the
following items that were budgeted in the last fiscal year but for some reason
or another, the funds were not expended.
There were $57,582 in funds remaining for the Houston Chemical Services
permitting process. These funds were budgeted by Council to be used for the
HCS process. I recommend we carry forward these funds to the current fiscal
year.
• •
There were $14,900 budgeted in the Data Processing Division for a variety of
hardware and software that were not expended. Examples include items such as
IQ and D: Drive. These items are still valid items that we expect to procure
shortly and I want to carry the amount forward.
In the Human Resources Division, the Fiscal Year 1989-90 budget included
$10,000 for updating/revision the City's Personnel Policies. A change in
Division Leadership prevented the project from happening last year. The
project is still viable and I would like to carry these funds forward to the
current year.
The project for the Northwest Parking Lot was approved by Council in
September. To accurately match the cost against the budget for this project,
I need to carry forward the $75,158 to the current fiscal year.
And finally, the Fire Department had $25,000 budgeted for an emergency
generator. The generator was purchased however, the construction of the
building was delayed. I am requesting the difference between the price of the
generator and the budget, an amount of $14,050, to be carried forward to the
current fiscal year.
RE ST FOR CITY COUNCIL AGEND TEM
Agenda Date Requested: Janua_ry/J14, 1991
/ j
Requested By: Steve Gillett ~'~~~ Department:
XXXX
Public Works
Report Resolution Ordinance
Exhibits: Proposal from Insituform Gulf South
Cost Summary
1990-91 Utility CIP Fund Summary
SUMMARY & RECOMMENDATION
The 15 inch concrete trunk sewer line located along Big Island Slaugh has
experienced several structural failures over the past several years. These
failures have occurred due to corrosion of the cancrete above the flow line,
resulting in several collapses. Due to the large area served by this line,
Public Works candur_ted a televised insper_tion, which was recently completed.
Originally, it wa.s concluded that the 400 foct segment experiencing the
failures should be repaired, due to extensive corrosion indicated by the
tape. However, an additional 72S foot. segment of 15 inch cancrete shows
signs of deterioration, and should also be considered for rehabilitation,
from a preventative maintenance standpoint, for a total of 1,130 feet.
Due to the location of this line in the rear of homes, the number of fenr_.es
to be removed, tree removal and the location of adjacent utilities, it is
estimated that replacement would cost in excess of $100,000. The City has
utilized the Insituform process from Insituform Gulf. Sauth in the past, with
exr_ellent results, an a project similar in size, scope and construction
difficulty. The process utilizes a resin-impregnated fiberglass liner pushed
through the pipe using water pressure. The liner is cured in place using
heated water circulated inside the pipe, with individual service taps
reestablished using a robotic cutter with a tv camera. The insertion and
curing is acr_omplished in one day, with service taps the following day. No
excavation is necessary. It is a patented process licensed to Insituform
Gulf South of Pasadena, and falls under the health, safety and welfare
exemption of Texas statutes.
Insituform has proposed to line 1,130 feet of 15 inch pipe, reestablish
service taps, and by-pass pumping during the process far an estimated amount
of seventy two thousand and seveny dollars ($72,070.OU). This price assumes
1,130 feet of pipe, ten service taps and ap~_~ruximately 12 hours of by-pass
pumping, per the attached proposal. Fifty thousand dollars ($50,000) was
budgeted far this project in the Utility CIF Fund.. The additional twenty two
thousand and seventy dollars ($22,070.00) needed is available in the Utility
CIP Fund Contingency. Although the additional line segment has ~=et to
experienr_e structural failure, it is rer_ommended that the City include this
portian while rehabilitation is performed on the original 400 feet, and award
the contract to Insituform Gulf South as a sole sourr_e vendor for the
rehabilitation of 1.,130 feet of 15 inch sewex•.
Action Required by Council: Award a contract as sole source vendor to
Insituform Gulf South for the rehabilitation of 1,130 feet of 15 inch sewer
in the amount of seventy two thousand and seventy dollars ($72,070.00).
Availability of Funds:
General Fund Water!Wastewater
XXXlCapital Improvement ___ ___ General Revenue Sharing
Other
Account Number: Utility CIP Fund Funds Available: XXX YES NO
A roved or City Counci_ Aclenda
Rcbert T. Herrera DATE
City Manager
• •
COST SUMMARY
ROSEBERRY SEWER REHABILITATION
iTF;~? 1
~ST~] F-1216 Curer in Place Pipe Liner
110 ?.f. 1.5" diameter 3 557.00%I.f.
S6=),~1C).i)0
ITEM? 2
Remote r_u`ting of service taps
ZO ea. ~ 5575. C0 ea.
~,7~0.00
ITEM ~ Bypass pumping
Or.e (i.) Setup (Lump .Sum) 1,2;0.00
TOTAL COST'
• •
CITY OF LA PORTE
UTILITY CIP FUND SUMMARY
WORKING CAPITAL 10/1/89 $ 498,885
PLUS ESTIMATED 1989-90 REVENUES 41,108
LESS ESTIMATED 1989-90 EXPENDITURES 191,889
ESTIMATED WORKING CAPITAL 10/1/90 $ 348,104
PLUS REVENUES:
INTEREST INCOME $ 28,000
TRA:'~SFER FROM FUND 002 350.000
TOTAL REVENUES 378.000
TOTAL RESOURCES $ 726,104
LESS EXPENDITURES:
EXTEND 14TH STREET TRUNK SEWER $ 45,000
PAINT ELEVATED TOWER (SOUTH BROADWAY) 80,000
PASS (SPENCER HWY) UTILITY RELOCATION (1/3 FUNDING) 100,000
SH 225 CASINGS 136,000
ROSEBERRY SAN. SWR. INVESTIGATION & REPAIR 50,000
PARTICIPATION IN UTILITY EXTENSIONS 100,000
CONTINGENCY 50,000
WATER AND SEWER SERVICE TO EXISTING STRUCTURES:
NORTH H (E.~ST OF UND. RD.) (WATER) (7 STRUCTURES) 16,906
NORTH H (EAST OF UND. RD.) (SAN. SWR.) (8 STRUCTURES) 8,900
NORTH L (EAST OF SENS) (SAN. SWR.) (9 STRUCTURES) 30,275
NORTH P (EAST OF SENS) (SAN. SWR.) (2 STRUCTURES) 8,695
NORTH UTAH (SAN. SWR.) (2 STRUCTURES) 24,237
NORTH LOBIT (SAN. SWR.) (2 STRUCTURES) 22,640
BARBOURS CUT/BROADWAY (SAN. SWR.) (1 STRUCTURES) 3,968
BUCHANAN (SAN. SWR.) (3 STRUCTURES) 10,744
BROWNELL (SAN. SWR.) (3 STRUCTURES) 10,634
CONTINGENCY FOR WATER AND SEWER SERVICE 15.000
TOTAL EXPENDITURES 712,999
ESTIMATED WORKING CAPITAL 9/30/91 $ 13,105
CONTINUED
205
• •
~tZ~i
~ns~LV ~,~~ ^^^ Gulf South, Inc.
131 NORTH RICHEY • PASADENA, TX 77506 • (713) 473-9311
January 9, 1990
Mr. Stephen L. Gillett
Director of Public Works
City of LaPorte
P. O. Box 1115
LaPorte, TX 77571
Re: Cured-In-Place Pipe Installation of Designated 15-Inch Wastewater Inceptor
in the Roseberry Drive Area, Revised Quotation
Dear Mr. Gillett:
Pursuant to our meeting, a site visit on January 4, 1991, Insituform Gulf South, Inc.
(IGS) is pleased to submit the following quotation for the referenced task. Because
of reduced project activity this month, we are offering pricing incentives if an
authorization to proceed can be presented to IGS in writing on or before January
18, 1991.
Item # 1: ASTM F-1216 cured-in-place pipe installation, approximately 1,130
linear feet x 15-inch diameter.
City response on or before 01/18/91 $57.00/l.f.
City response after 01/18/91 $66.00/l.f.
Item #2:
Item #3
Remote cutting of cured-in-place pipe at service connection.
Estimate of 10 each @
$575.00/ea.
Bypass pumping.
Estimate 1 set up @
Approximate 12-hour maintenance @
$1,250.00/per set up
$55.00/per hr.
IGS understands the following to be provided to IGS at no cost:
1. Water for completing the project.
2. A convenient approved dump site for all debris generated from the cleaning
portion of the project.
3. Obstruction removal via excavation, if necessary.
4. Access to manholes, rights-of-way and easements in the project area.
N ".mac .
Ssco
A BETTER METHOD OF PIPE REHABILITATION ~k'"=~,..KE~ MUNICIPAL b INDUSTRIAL PIPE REHABILTATION
Mr. Stephen L. Gil •
January 9, 1990
Page 2
5. Assistance in equipment removal due to poor pipe or ground conditions, if
necessary.
6. Assistance with traffic control, if necessary.
Prices are based on dry ground access, construction performance during fair weather
conditions and a manhole access location which will allow IGS to install the
Insitutube with one (1) inversion. We understand the urgent nature of this proJ'ect
and are prepared to respond immediately if authorization is given on or before
January 18, 1991.
After a thorough review of the project area, we are confident that the Insituform
process best serves the needs of the City by solving the evident pipe problems
quickly and with little disruption to nearby homeowners. We appreciate the
opportunity to demonstrate our commitment to excellence and look forward to
serving you soon. A signed copy of this proposal or a purchase order incorporating
its terms will serve as our authorization to proceed with this project.
Sincerely,
Timoth N. Naylor `~ ~~
Service Representative
CITY OF LAPORTE:
Title:
Signature:
Date:
ts/tn1010711
•
RECONSTRUCTION OF SEV~'ERS BY CURED-IN-PLACE-PIPE (CIPP)
1. Description: It is the intent of this specification to pro~~ide for the reconstruction of
existing sewer lines by forming a new pipe within an existing structurally deteriorated
pipe w•h~ch has generally maintained its original shape. The cured-in-place-pipe (CIPP)
shall provide flow capacity equal to or greater than 100% of the original pipe's flow
capacity when new. The installation of the CIPP shall be accomplished by the use of
the Insituform Process or approved equal process. The process is defined as the
reconstruction of sewer lines by installation of a thermosetting resin impregnated
flexible felt fiber tube coated on one side with polyurethane which is inverted into the
existin sewer line utilizing a water column. Curing is accomplished by circulating hot
water ~or other approved fluid) throughout the length of the inverted tube to cure the
thermosetting resin into a hard impermeable pipe with the polyurethane coating on the
inside surface of the new pipe. The pipe shall extend the full length of the original pipe
and shall provide a structurally sound, jointless, close-fitting, cured-in-place-pipe.
A bidder may propose a proven alternate method of CIPP instead of the procedure
described in this Specification. Such a proposal will be accepted by the Board if it has
been approved as an equal to the method described in this Specification. This approval
must come from the City's Authorized Representative and it must be granted a
minimum of ten (10) days prior to the bid opening.
The following information shall be submitted to the City's Authorized Representative a
minimum of twenty (20) days prior to bid opening:
Product Data
Physical Properties
Material Specifications
Installation Specifications
Testing Methods
Third Party Test Data
References
(Names & Telephone Numbers)
Design Criteria
Limitations of Process
List of Previous Projects in USA
Size of Completed Projects in USA
List of Current Projects in USA
Size of Current Projects in USA
List of Currently Owned Equipment
The City's Authorized Representative will not consider an alternate method which does
not have demonstrated experience in quantities and sizes of pipe equal to or greater
tha ,those in this Specifications bid proposal.
2. Methods:
a. Reference Specifications: This specification references Insituform of North
America (INA) Standard Test Methods which are made a part hereof by such
reference and shall be the latest editions and revisions thereof. Test methods of
other approved equal processes shall be reviewed for approval by the
Authorized City Representative. ASTM F1216 shall govern when this
specification does not address installation methods and materials.
b. General Corrosion Requirements: The CIPP shall be fabricated from materials
which when cured will be chemically resistant to withstand internal exposure to
domestic sewage.
c. Waste Analysis Industrial Areas Onlx): In industrial areas where sewers are
subject to possible organics and inorganics other than normal domestic sewage,
the Authorized City Representative shall obtain samples of the dry weather
u
•
sewage for chemical content analysis. This anal}~sis shall be supplied to the
Contractor for his information. The Contractor shall supply various types of
cured resin coupons to the Authorized City Representative for the City's use in
selection of the appropriate resin.
d. Materials:
The flexible felt fiber tube shall be fabricated to a size that when installed it will
neatly fit the internal circumference of the conduit specified by the City. An
allowance shall be made for some circumferential stretching during inversion.
The minimum length shall be that deemed necessary by the Contractor to
effectively span the distance from the inlet to the outlet of the respective
manholes unless otherwise specified. The Contractor shall verify the lengths in
the field before impregnation of the tube with resin. Individual inversion runs
can be made over one or more manhole sections as determined in the field by
the Contractor and approved by the Authorized City Representative.
The outside of the tube, before installation, shall have an impermeable plastic
coating. This coating will form the inner layer of the finished pipe and is
required for enhancement of corrosion, flow, and abrasion properties.
The layers which constitute the pipe wall must be such that when the
thermosetting resin cures, the total wall thickness must be homogeneous with no
internal layer of plastic which might weaken the pipe wall and allow internal
shear. When cured the CIPP must form a mechanical bond with the conduit.
Unless otherwise specified, the Contractor shall furnish a general purpose,
unsaturated, polyester resin and catalyst system compatible with the inversion
process that provides cured physical strengths specified herein.
The materials used shall result in an installed CIPP flow capacity which will have
equal to or greater than 100% of the original pipe's flow capacity when new.
A bidder may propose alternate materials to perform the lining. This proposal
must have a minimum of ten (10) days prior approval as an equal " rip 'or to" bid
opening. This approval may only- come from the City's Authonzed
Representative.
The Contractor shall have on hand sufficient material to perform the work he is
assigned within ten (10) days of Notice to Proceed.
The existing sewers, where designated or required shall be lined using materials
and workmanship which can be adapted to the restrictions of the work site. The
Contractor shall not begin this phase of the work until there is sufficient
materials on hand to complete the~ob.
The Contractor shall furnish to the City's Authorized Representative, prior to
use of the lining material, satisfactory certification from an approved testing
laboratory as to the results of testing the proposed lining material.
•
In addition to the above structural requirements, satisfactory evidence shall be
provided by the Contractor to the City's Authorized Representative that the
proposed lining material will incorporate a polyester resin that is suitable for
chemical resistance.
e. Physical Strength: The CIPP shall conform to the minimum structural standards,
as listed below.
Pipe Size
Flexural Stress #101 (Modified ASTM D-790) 4,500 psi
Flexural Modulus #101 (Modified ASTM D-790) 250,000 psi 8" thru 12"
of Elasticity 500,000 psi 15" and greater
(Values shown are for polyester resins commonly used in the United States.
Values for non-typical polyester, vinyl ester and epoxy resins may be substituted
when applicable.)
f. Deviations: The Contractor shall submit his price proposal for the appropriate
length, size and thickness designated in the proposal section. The deterioration
of sewers is an ongoing process. Should pre-inversion inspections reveal the
sewers to be in substantially different conditions than those in the design
consideration, the Contractor shall request appropriate changes in the CIPP
thickness, supporting such request with design data based upon the structural
design parameters contained in the latest edition of the Insituform Engineering
Design Guide or the design guide of an approved equal process. The deviation,
if approved, shall be reflected by the appropriate increase or reduction in the
unit cost for that size as agreed to by the Authorized City Representative.
g. Pre-Installation Procedures: The following installation procedures shall be
adhered to unless otherwise approved by the Owner's Representative.
Safety -The Contractor shall carry out his operations in strict accordance with all
applicable OSHA standards. Particular attention is drawn to those safety
requirements involving work on an elevated platform and entry into a confined
space or the use of steam.
Pre-inversion Cleaning - It shall be the responsibility of the Contractor to remove
all loose debris which is located within the sewer pipe.
Pre-inversion Inspection -Inspection of sewer pipe shall be performed by
experienced personnel trained in locating breaks, obstacles and service
connections by closed circuit television inspection. The interior of the pike shall
be carefully inspected to determine the location of any conditions which may
prevent proper installation of the CIPP, and it shall be noted so that these
conditions can be corrected. A videotape and suitable log shall be kept for later
reference by the City and/or Contractor.
Bypassing Sewage -When required for acceptable completion of an. inversion
process task, the Contractor shall provide for sewage flow maintenance around
the section or sections of pipe designated for the inversion process. The bypass
shall be made by plugging the line at an existing upstream manhole and pumping
the flow into a downstream manhole or adjacent system. The pump and bypass
lines shall be of adequate capacity and size to handle the flow.
• •
Line Obstructions - If inspection reveals an obstruction that cannot be removed
by conventional sewer cleaning equipment, such as heavy solids, dropped joints,
protruding service connections or collapsed pipe that will prevent completion of
the inversion process, then a point repair excavation shall be made by the City
or the City's designated contractor to uncover and remove or repair the
obstruction.
h. Installation Procedures:
Wet Out -The Contractor shall designate a location where the tube will be
impregnated ('wvet out") with resin using distribution rollers and vacuum to
thoroughly saturate the tube felt fiber prior to installation. This must be done to
ensure that there will be no resin voids or weak areas. The Contractor shall
allow the City's Authorized Representative to inspect the materials and wet out
procedure. A catalyst system compatible with the resin and tube shall be used.
Insertion -The wet out tube shall be inserted through an existing marl~ole or
other approved access by means of an inversion process and the application of a
water column sufficient to fully extend it to the next designated manhole or
termination point. The tube end shall initially be turned inside out and attached
to a platform ring or standpipe. The inversion water column will be adjusted to
be of sufficient height to cause the impregnated tube to invert from manhole-to-
manhole and hold the tube tight against the existing pipe wall, produce dimples
at side connections, and flared ends at the manholes:
The Contractor shall not be allowed to pull the wet out tube in place unless the
Contractor can prove that this method of installation does not result in tears or
abrasion of the tube and uneven redistribution of resin.
Curing -After the insertion is completed, the Contractor shall supply a suitable
heat source and water recirculation system capable of delivering hot water
uniformly throughout the section to effect a consistent cure of the resin. The
curing temperature shall be that recommended by the resin/catalyst system
manufacturer. The heat source shall be fitted with suitable monitors to gauge
the temperature of the incoming and outgoing water supply. Another such
gauge shall be placed between the impregnated tube and the invert of the
original pipe at the manhole(s) to determine the temperatures during the resin
curing process. Initial cure shall be considered completed when the exposed
portions of the CIPP appear to be hard and the remote temperature sensing
device indicates the cure period to be of adequate duration as recommended by
the resin/catalyst system manufacturer and modified for the inversion process.
Cool-down -The Contractor shall cool the hardened CIPP to a temperature
below 100 degrees Fahrenheit before relieving the water column. Cool water
maybe added to the water column while draining hot water from a small hole at
the opposite end of the CIPP so that a constant water column height is
maintained until cool-down is completed. Care shall be taken in the release of
the water column so that a vacuum will not be developed that could damage the
newly installed CIPP.
Warranty -The finished CIPP shall be continuous over the entire length of an
inversion run and be as free as commercially practicable from visual defects such
as foreign inclusions, dry spots, pinholes and delamination. It shall also meet the
leakage requirements or pressure test specified below. During the warranty
•
period any defects which will affect the integrity or strength of the CIPP shall be
repaired at the Contractor's expense in a manner mutually agreed to by the City
and the Contractor.
i. Sealing at Manholes: If the CIPP fails to make a tight seal at a manhole, the
Contractor shall apply a seal at that point. The seal shall be of a material
compatible with the CIPP material.
j. Service Connections: After the CIPP has been cured in place, the Contractor
shall reopen the existing active service connections as designated by the City's
Authorized Representative. This shall generally be done without excavation,
and in the case of non-man entry pipe, from the interior of the pipeline by means
of a television camera and a cutting device that re-establishes the sen~ice
connection to not less than 90% capacity. Cutting devices that use high pressure
water shall not be used since they may cause damage to the lateral. V1,'hen
fiberglass or other reinforcing fibers are used, that may cause wicking at lateral
openings, the lateral opening edges must be sealed with a resin mixture
compatible with the tube resin.
k. Testin The watertightness of the CIPP shall be gauged b~ monitoring the
water evel in the inversion tube while curing. The water testing must be done
directly on the finished product and not on an intermediary hose which is not
part of the final product.
For each installation the Contractor shall submit testing results on a sample of
cured liner. The sample shall be taken at termination point opposite the liner
entry point. The testing shall be accomplished by a laboratory approved by the
Engineer.
1. Clean-uo: Upon acceptance of the installation work and testing, the Contractor
shallshall eirestate the project area affected by his operations.
m. Patents: The inversion process is patented and is installed by licensed
Contractors. The Contractor shall warrant to the City and his Engineer that the
methods, materials and equipment used herein, where covered by license are
furnished in accordance with such license and the prices included in this
proposal include applicable royalties and fees in accordance with such license.
The Contractor shall warrant and save harmless the City and his Engineer
against all claims for patent infringement and any loss thereof.
3. Measurement: The work will be measured by the actual length of each line section
reconstructed. Service reconnections shall be measured by the actual number of
reconnections made irrespective of pike size or whether the service is for single, double,
or multi service. Only those line sections included on a work order issued by the City's
Authorized Representative shall be considered for measurement.
4. Payment: Payment for the work completed shall be in accordance with the prices set
forth in the proposal for the linear foot quantity as measured from center-of-manhole to
center-of-manhole on a reconstructed sewer pipe section.
a. Initial (first time) cleaning and television inspection work, if required, shall be
accomplished as specified by the "Cleaning" and "Television Inspection"
Specifications. Payment shall be in addition to that for installation of CIPP.
• .
b. Payment for installation of CIPP shall be for pre-inversion cleaning, pre-
inversion inspection, wet out of tube, insertion of tube, curing of tube, sealing
CIPP in manholes, testing, and cleanup.
c. Payment for reopening the existing service connections from the interior of the
pipe shall be in addition to that for installation of CIPP.
d. Payment for bypassing sewage shall be for each setup of pumps on a section or
sections of pipe. to be reconstructed and shall also be for the actual pumping
time dunng the installation operations. Payment shall be in addition to that for
installation of CIPP.
~ ~ ~,~- • ~
)~
'~~'L~ ~ Gulf South, Inc.
January 8, 1991
Warranty
The finished Cured-In-Place Pipe shall be continuous over the entire length of an
inversion run and be as free as commercially practicable from visual defects such as
foreign inclusions, dry spots, pinholes and delamination. During the warranty
period any defects which will affect the integrity or strength of the Cured-In-Place
Pipe shall be repaired at the Contractor's expense in a manner mutuall agreed to
by the City and the Contractor. The warranty period shall be for one (1~ year after
completion of installation.
rs/bb5010711
131 NORTH RICHEY PASADENA, TEXAS 77506 TEL. (713) 473.9311
CORPORATE OFFICE
_-~!;,
CORROON $ BLACK, INC.
P. O. BOX 70089
HOUSTON, TX 77270
(713) 880-0110
r, ~~~_.,
Insituform Gulf South, Inc.
' 131 N . Richey
Pasadena, TX 77506
ISSUE ~r"= ~_
1/7/91
THIS CERTIFICATE IS ISSUED AS A MATTER CF INFORMATION ONLY ANv "_'>+,=_~$
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CEATIFICATE DOES "?C-" =.. I:'it;,
EXTEND CR ALTER THE COVERAGE AFFGRGED 8Y THE POLICIES 3ELC`rv IGS1.6
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- WCAKEAS' COMPENSATION
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EMPLOYERS' LIABILITY
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~ CESCRIPTION OF uPERATIONS/LCCATiCNSlVEHiCLES/RESTRICTIONS/SPECIAL iTE~~1S
Workers' Compensation includes Broad All States Endorsement and USL&H Endorsements.
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PFC~UCER
Atten: Mr. Stephen L. Gillet
City of LaPorte.
P.O. Box 1115
LaPorte, TX 77571
CB 10817 M/O 9-1-90 9-1-91
.. _ S
5 ,-000
3 , 000_
1,000_
1,000.-
1, 000_
50
5
5,000
' Ca'+ ~..~.. ~~__
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SCFC35855968 9-1-90 ~ 9-1-91 ':a 500
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SHOULD ANY OF THE ABOVE DESCAIBED POLICIES BE CANCELLED BE=%; ~ ',- .;L
PIRATION DATE TMEAEOF, THE ISSUING COMPANY WILL EN~c .'-::.+ `., -
MAIL 1 O DAYS WRITTEN NOTICE TO THE CEATIFICATE HOLDER NA.i=:'; ' _ "hE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO C3L~..-;" "~+
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE~E''.iT'lS. ~
AUTHORIZED REP/RESENTA//T~~IVE_~ y,~ jj~~~~ - -
~~!~ I
CUidTRACTUR'S AFFIDAVIT
and •
WAIVER OF LIEN
INVOICE N0.
STATE OF
COU~JTY OF
ss:
of
being. sworn, says that he is the
of
hereinafter referred to as the "Contractor") and is familiar with the facts
herein stated.
The Contractor has furnished all material, labor, tools, equipment, construction
facilities and everything of every sort and has performed all work required by
the contract entered into with dated the day
of 19 pertaining:
The Contractor has fully paid for all said material, labor, tools, equipment,
construction facilities, and everything of every sort furnished by it, or by its
subcontractors or materialmen, upon said premises and furnished therefor for said
work.
The balance remaining due from and unpaid to
Contractor, is the sum of and upon the
payment to Contractor of said sum, Contractor hereby waives all liens and claims
against its premises and property, and,
further, Contractor represents that no other person or party has any right to a
lien on account of any work performed for, or material furnished to Contractor
for said work.
Company
BY:
Title
Sworn to me and subscribed in my
presence this day of
19
Notary Public
My Commission Expires:
RE ES 0 N G N '`
Agenda Date Requested: _~IANIIARY 14, 191
LA PORTE FIRE DEPARTMENT
Requested By: ('.NRTS f1STFN Department: EMS DTVTSTON
x Report Resolution Ordinance
Exhibits:
SUMMARY & RECOMMENDATION.
REQUEST TO PURCHASE A LIFE PAC 10 MONITOR/DEFIBRILLATOR
WITH BUILT-IN PACEMAKER. THIS IS TO REPLACE A LIFE PAC 5
THAT IS OVER 7 YEARS OLD. INCLUDED WITH THIS PURCHASE IS
TWO FAST PATCH ADAPTERS FOR THE LIFE PAC 10, AND ONE CARRYING
CASE.
THE TOTAL PURCHASE PRICE IS $8,775.00. THE MONIES FOR THIS
PURCHASE WERE BUDGETED.
Action Required by Council:
TO APPROVE OR REJECT PURCHASE OF ABOVE.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater.
General Revenue Sharing
Account Number: 500-517-821 Funds Available: X YES _ NO
Avnroved for City Council Agenda
~~~~.
~ 1 ~- ~(
Robert T. Herrera DATE `
City Manager
C
• •
:;TTY OF LA PORTE I~"IkE DF,PARTMEN'1'
EMERGENCY MEDICAL SERVICE DIVISION
INTER-01~FICF I~IEMOI'.AIJllUM
DA`L'E : JANUARY 10 , 19 91
TO: ;JOE SEASE, b'IFtE CHIEF
1
FROM: CHRIS OSTEN, EMS CHIEI'
SUBJECT: MONITOR/DEFIBRILLATOk PURCHASE
Four requests for bids to purchase a monitor/defibrillator,
were sent nut by, the purchasing Department. When it came time to
open bids, none had been received by Purchasing.
Purchasing inquired ii the tour monitor/defibrillatc~Y~
companies had received the requests for bids, and apparently all
Lour were lost in the mail. Louis Rig~iy checked with the Legal
Department, and he told me it was alright to go ahead and
purchase the same type oL rnoni_tor_/def.ibrillator we purchased last
year.
This is a I'liysio-Control Life Pac-10 witki built in
noninvasive pacemaker. The price of our Life Pac-10 last year was
:8,720.00. Included in that purchase was a carrying case. This
year the purchase price is $8,'7'75.00. Included in this price are
two Fast-patch Adapters and one carrying case.
We have budgeted $`3,000.00 for the purchase of c
monitor/defibrillator in acc~~~nt # 500-517-821. a
With your approval I will send in an Agenda Request to g~~
beLore Council on January 14, 1991 and proceed with the purchase.
•
MEMORANDUM
January 9, 1991
TO: Bob Herrera, City Manager
FROM: Cherie Black, City Secretary
SUBJECT: U.S. Mail Problems
RECE[VED1~~
~~ ~ Q ~~#~
Car ~' P~p1NA~~RS
4FFECE
As you are aware, the City has been having problems since the end
of November 1990, with outgoing City mail. There have been three
times that we know of that outgoing mail has never been received.
The approximate mailing dates were November 30, 1990, and December
14 or 15 and December 21, 1990.
After talking with the Postmaster, who is very. insistent that the
problem could not possibly be the fault of the post office, I
initiated the following procedure as of January 4, 1991: After
processing the outgoing mail in the afternoon, it is hand-carried
to the post office and physically given to a postal clerk. The
clerk then date-stamps and initials a sheet of paper that states
that the City of La Porte's outgoing mail was received at the post
office on that date. In doing this, I am ensuring that the mail
is at least being acknowledged as arriving at the post office.
I also intend, beginning next week, to take the name and address
from the envelope of a company or person to whom we are mailing
correspondence. I will wait a couple of days, telephone them to
see whether they have gotten our mail, and if they have not, ask
them to call me when they do receive it.
This seems to be a time-consuming task, but I feel it is necessary
if we are to solve the mystery of where our mail is going.
If you have any questions or wish an update in the near future, let
me know.
~~
~'~ ~}.
u.-Z
Cherie Black
r~oM Tr+e DESK of
Knox W. Askins, J.D.
January 7, 1991
Cherie:
Please post an executive session item
for the January 14, 1991, City Council
meeting, for "Legal - discuss Lonnie
Taylor dba Preferred Pool Plastering
vs The City of La Porte, Et A1, with
City Attorney."
Please put a copy of my letter and
attachments in a sealed envelope,
with the agenda copies for City
Council, City Manager, and Assistant
City Manager.
RWA
E
Form PP~180 c Wheeler Group Inc.-1977
• •
MEMORANDUM
January 8, 1991
TO: City Councilmembers
FROM: Norman Malone, Mayor
SUBJECT: Pay for Performance Review
PLEASE FAMILIARIZE YOURSELF WITH THE "PAY FOR PERFORMANCE" BOOKLET
DISTRIBUTED TO YOU BY BOB HERRERA. BRING IT TO THE COUNCIL MEETING
ON JANUARY 14 AND BE PREPARED TO DISCUSS IT IN AN EXECUTIVE
SESSION.
THANK YOU FOR YOUR COOPERATION.
•
CITY OF LA PORTE
PARKS AND RECREATION DEPARTMENT
INTER-OFFICE MEMORANDUM
JANUARY 14, 1991
TO: Stan_Sherwood, Director of Parks and Recreation
~~-
FROM: Bert Clark, Parks Superintendent
SUBJECT: Christmas Tree Recovery and Recycling
The Parks and Recreation Department working in conjunction with the
Public Works Department collected and chipped 4,800 Christmas trees
into pine bark mulch. Three (3) hundred of the trees were brought
to the Public Works Department in exchange for Virginia Pine
seedlings. The exchange of Christmas trees for Virginia Pine
seedlings is a program that the Parks and Recreation Department
initiated three years ago. After the Christmas celebration,
citizens are encouraged (article in The Bayshore Sun) to bring
their Christmas Trees to the Public Works Building where the trees
are exchanged for six pine seedlings. This is done in an effort
to minimize the number of trees that the Public Works must pick up
at the citizens' residences.
Chipping the trees circumvented the necessity of transporting the
trees to the landfill which resulted in a savings of X4,066.00 in
landfill fees. Additionally, chipping the trees provided the Parks
Division with approximately thirty (30) cubic yards of mulch which
will be utilized to cover the Little Cedar Bayou Nature Trail as
well as many of the landscape beds that the Parks Department
maintains. The thirty (30) cubic yards of pine bark mulch which
was produced by the chipping of the Christmas trees translated into
a savings of X420.00 in material costs.
We also intend to submit an article to the Bayshore Sun describing
the environmental impact of our Christmas tree recovery and
recycling program.
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CITIZIN EXCHANGING CHRISTMAS THEE FOR PINE SEIDLING
RECYCLING CHRIS'T'MAS TREE INTO BARK MULCH
PARKS STAFF SPREADING BARK MULCH AT THE LITTLE CEDAR BAYOU NATURE TRAIL