Loading...
HomeMy WebLinkAbout1991-02-25 Regular Meeting• INUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL FEBRUARY 25, 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, Bob McLaughlin, Alton Porter, Deotis Gay, B. Don Skelton, Jerry Clarke Members of City Council Absent: None Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Police Chief Bobby Powell, Finance Director Jeff Litchfield, Director of Community Development Joel Albrecht, City Engineer Bill Manning, Fire Department Superintendent John Dunham Others Present: Dexter Joyner; Brent Ryan; Guy Aldrich, Arkla Exploration Co.; members of La Porte Independent School District faculty and two students; 16 citizens 2. The invocation was given by Councilperson Porter. 3. Council considered approving the minutes of the regular meeting held February 11, 1991. Motion was made by Councilperson Skelton to approve the minutes of February 11 as presented. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 4. The Mayor proclaimed March as Youth Art Month and the week of March 4-8 as Texas Public Schools Week. He also presented a special proclamation to La Porte Junior High History Teacher Bea Svambera for being selected outstanding Texas History teacher for 199-91 by the James W. Brown chapter of the Daughters of the Republic of Texas. 5. Mr. Spero Pomonis, 218 Bay Colony Drive, addressed Council in opposition to hiring a delinquent tax attorney. 6. Council considered an ordinance amending Chapter 6 of the Code of Ordinances of the City of La Porte, "Auto Wrecker and Towing Vehicle." • • Minutes, Regular Meeting, La Porte City Council February 25, 1991, Page 2 The City Attorney read: ORDINANCE 1746 - AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, "AUTO WRECKER AND TOWING VEHICLE"; REGULATING AUTO WRECKERS AND TOWING VEHICLES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Cooper to adopt Ordinance 1746 as read by the City Attorney. Second by Councilperson McLaughlin. Motion was made by Councilperson Matuszak to amend the motion to adopt the ordinance as read by increasing the amount of the yearly hermit fee from 535.00 top 550.00 per year. Second by Councilperson Porter. The motion carried, 8 ayes and 1 nay. Ayes: Councilpersons Sutherland, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: Councilperson Cooper The main motion was then voted, and the motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 7. Council considered an ordinance approving a contract for collection of delinquent taxes. The City Attorney read: ORDINANCE 1747 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT FOR COLLECTION OF DELINQUENT TAXES BY AND BETWEEN THE CITY OF LA PORTE AND DEXTER D. JOYNER; 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 Cooper to adopt Ordinance 1747 as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None • • Minutes, Regular Meeting, La Porte City Council February 25, 1991 It was noted that the contract did not state that the title to the computer system would be transferred to the City at the end of the five year contract. The contract will be amended to read accordingly. 8. Council considered an ordinance granting a wine and beer on premise permit to Pizza 'N Buffet. The City Attorney read: ORDINANCE 1000-AA - AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; DEFINING SOURCE OF AUTHORITY; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Porter to adopt Ordinance 1000-AA as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None It was noted that the ordinance caption spoke only to the consumption of beer, whereas the permit is for beer and wine. City Attorney Askins commented that it might be generic for non-mixed beverage permits, but that he will find out to see if we need to change the wording in the ordinance. 9. Council considered an ordinance amending Arkla Exploration Company gas well permit. The City Attorney read: ORDINANCE 1659-C - AN ORDINANCE AMENDING ORDINANCE NO. 1659-B, AN ORDINANCE GRANTING A PERMIT UNDER CHAPTER 16, "OIL AND GAS WELLS," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, AND APPROVING THE APPLICATION OF ARKLA EXPLORATION COMPANY TO DRILL A 12,000 FOOT WELL; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to adopt Ordinance 1659-C as read by the City Attorney. Second by Councilperson Sutherland. The motion carried, 9 ayes and 0 nays. Minutes, Regular Meeting, La Porte City Council February 25, 1991, Page 4 Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 10. Council considered accepting low bid from Marcus Thomas Co., Inc., for construction of fire training facility, and authorize change order #1; increase authorization to professional services contract with Claunch and Miller. Motion was made_ by Councilperson McLaughlin to award the construction contract, alternate #2 and change order #1 to Marcus Thomas and Company; authorize a contingency; and increase authorization of Claunch and Miller contract for professional engineering and material testing. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 11. Council considered approving refunds for duplicate tax payments greater than $500.00. Motion was made bv_.Counclperson Porter to approve a refund to James H. Jackson in the amount of 5569.56 and to Ronald B. and Ellen Owens in the amount of 5681.60 for duplicate tax payments. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 12. Administrative Reports City Engineer Bill Manning briefed Council on sewer backup problems in Meadowcrest subdivision - what was causing them and what is being done to alleviate them. 13. Council Action - Councilpersons Sutherland, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. 14. Council adjourned into executive session at 7:38 P.M. under V.A.T.S. Article 6252-17, Section 2(E) - (Legal), to meet with attorneys regarding Houston Chemical Services, Inc./Southern Ionics, Inc., commercial hazardous waste incineration permit. • Minutes, Regular Meeting, La Porte City Council February 25, 1991, Page 5 Council returned to the table at 8:37 P.M. 15. There being no further business to come before the Council, the meeting was duly adjourned at 8:38 P.M. Respe tfully submitted: Cherie Black, City Secretary Passed & Approved this the 11th day of Mar , 1991 ~~ ~^ Norman L. Malone, Mayor a ~Offi x • ce of the Mayor ~~ ~~r~~~i : yau~Gt Nct Month. hay been abaenved -1a~.i.ona.P~y a.c.nce 1961 and ha.a gained iv~.de aeceptanee; and WHEREAS, eh-i.~dnen are awc max pn,iee.~e~a a.dbet; and WHEREAS, eh.i.2dhaad ~ the ~i.me ~a deve.2op ~.rtteh.ee:t~s, ~iueCa, and ap~titudee ghat utt.Q..e .eab~ a .?,i.~etune; and WHEREAS, ~hnaugh mean.i.ng bu~C ant aati.v~c.~i.e4, eh.i,~cficen deve.Ca p ~~ .Ln-iti.czfii,ve, ae~C~-expneba~.on, e~c.ea~,i.ve ab.c,P,ity, ~e~~-evaeu,atian, d.i~ei,p.P,i.ne, and a he~igh~ened appneei.atian a~ ~he,vc env-i~canment; and WHEREAS, the ,cmpantance a~ ant ~.n educa~.i.an .c.4 neeogn~,zed ab be~,ng neeeaaany ion zhe ~u.~ deve.2opment ab aP.e eh,i,ednen. NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR d~ the. C.cty o~ La Porte, do hereby preoc.Qiurn the mon~di. a~ Maneh 1991, a~ YOUTH ART MONTH ~.n .the C.ety o~ La Pahte, and urge a~ aiti.zena xo become .cr~ten.ea~ed .cn, .~uppont, and eneaunage ant pnognam~ pneaewted .Ln eehoa.P..a and ya~.~th ohgawi.za~,i.o~n4 . IN WITNESS WHEREOF, I lucve heneun~o bet my hand and cauaed the Sea.C o~ .the C.cty ~a be a~s.cxed hene~o, ~hi,~ .the 2fi~h day ob Febnua~cy, 1991. CITY OF LA PORTS aeman one, a yon Office of the Mayor .. x ~~ ~~~~~~ : Texae has h.i.a~on.Lea.ZCy been ded.Lea.ted ~a a b~cong 4ya~em ab eduea~,<,an and bon more khan 40 yeand bpeeia.Q emphaa.c,a has been p.~aced upan educcrfiion' with the ob~servanee ab Texa3 Pub.Zi,e Sehoo.ea Weeh.; and WHEREAS, the 1990 and beyond hard the rebpona.ib.e,eity bon ~, Texan,6 zo meex ~'h.e appontu.v-,cfiiea and demanda fan. the ~u~t.vice; and WHEREAS, a ja~.rLt ebbant mue~ be made by pan.en~a, behoo~,a and the cammun.ity wonFiing ~ogethen award a common camm.ctmen~ fan pnepaning our ehi,ednen .ta be .~omonnaw'b .2eade~; and WHEREAS, panenat~ and ~a.xpayend are encouraged ~a v.ca~ct the pub.P,i.e d eha o.P..a .the weeFi a ~ March 4 - 8, 19 91, ~o neeagn~.ze the -i.mpae.~ ~ha~ our educa~.ionaP aya.tem has on our community. NOW, THEREFORE, T, NORMAN L. MALONE, MAYOR ab .the C-cty ab La Porte, do hereby pvcoeea.un ~h.e week o~ March 4-8, 1991, ad TEXAS PUBLIC SCHOOLS WEEK ~.n the C.c~y ab La Porte, and urge a~C e.<.ti.zend ~a xc~.Fte an active ~.nteneb~ ~.n the achaa.~ bys~em and caapenate w-cth aehaa.~ obb~~ .cn pnepani.ng ~omo~vcow'b .~eadena . IN WITNESS WHEREOF, 1 have hereun~a ae~ my hand and eaubed .the SeaC ob ~1~.e C.cty ab La Ponce ~a be a~b.ixed hene~a, ~hib ~~e 25xh day a~ February, 1991. CITY OF LA PORTS armor are, ayan Agenda Date Requested: February 25,.1891 Requested By: Bobby L. Powell Department: Police Report Resolution X Ordinance Exhibits: Proposed Ordinance We are changing the Wrecker Ordinance to conform with the Texas Tow Truck Act, to correspond with the State Law and to bring the tees and charges more in line with the surrounding areas. There has not been a change in tees for at least eight years, and possibly longer. Action Required by Council: Approve and adopt Wrecker Ordinance. ALTERNATIVE: Leave situation as is, take no action, Availability of Funds: General Fund Water/Wastewater Capital I~prove~ent General Revenue Sharing .~(_ Other (None required) Account Number: Funds Available: _ YES _ NO Robert T. Herrera city 1[anager '~'~~ DATE • • ORDINANCE N0. 1746 ORDINANCE AMENDING CHAPTER 8 OF Tiff CODE OF ORDINANCES OF THE CITY OF LA PORTS, "AUTO WRECKER AND TOWING VEfiICLE"; REGULATING AUTO WRECKERS AND TOWING VEHICLES; PROVIDING TfIAT ANY PERSON VIOLATING THE TERMS OF TftIS ORDINANCE 5fIALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SfIALL BE FINED IN A SUY NOT TO EXCEED TWO fiUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE f1ERE0F. BE IT ORDAINED BY TffE CITY COUNCIL TO THE CITY OF LA PORTS: Section 1. The Code of Ordinances, Clty of La, Porte, is hereby amended by repealing Chapter 6, Section Q-i through Section 6-26, both inclusive, thereof, and substituting therefore the following, to-wit: Sec.6-1-A. Effect of State Law arc i~~~ulatJon~. ' The provisions of this ordinance are subJect to the provisions of the Texts Tow Truck Act, Article x687-9b, Revised Clvll Statutes; Article 6676a-61, Revised Clvll Statutes, providing for special license plates for tow trucks; rules and regulations promulgated by the Texas Commissioner of Licensing and Reguls~tlon under the provisions of the Texas Tow Truck Act, Article 6687-8b; anal the Texas Vehicle Storage Facility Act, article 6687- 8a, Revised Civil ,statutes. In the event of any conflict between the provisions of this ordinance and any provisions of such State statutes and the regulations promulgated thereunder, the provisions of the relevant State statutes and regulations thereunder shall control, to the extent of such conflict. Specifically, and without limiting the generality of the foregoing, the Clty of La Porte may not require a tow truck registered under the provisions,of the Texas Tow Truck Aet, to obtain City of La Porte Registration, license, or permit for consent tows unless the tow truck owner has a place of ;business located within the boundaries of the•Clty of La Porte. The Clty of La Porte may require Clty of La Porte reglstratlon, license, or permit for all tow trucks performing non-consent tows within the boundaries of the Clty of La Porte without regard to the location of the place of buslnes-s of the tow trunk owner. The Clty of l.a Porte reglstratlon, lloense, or permit will be !rr addition to the requirements of the Texas Tow Truck A;ct . • • i Ordinance 1746 Page~2 Sea. 6-1-b. Detinttlong. (a) Towing Vehicle. Tl~e term "towing vehicle," as used in this chapter, shall mean any automobile, truck, or other motor vehicle used for the purpose of towing, carrying, pushing, or otherwise transporting any motor vehicle which has collided with another motor vehicle or other obJect, or which has been wrecked or disabled !n any manner, from one place to another for any purpose, including but not limited to the purpose of wrecking, storing, or repairing the vehicle, and does not appear at the scene of an accident where a vehicle has been disabled upon a public street or public place for the purpose or expectation of towing one of the vehicles from the scene. The term "towing vehicle" shall not be construed to include a service car or other veh~lcle not equipped with mechanical devices for transporting wrecked vehicles and not used for such purposes, such as service oars, equipped wltl~ compressed air containers and tools for repairing punctured tires or otherwise equipped with tools for performing minor repairs not Lnvolving towage or transportation of wrecked or disabled vehicles. (b) Auto Wrecker. The ter^ "auto wrecker", as used in this chapter, shall mean a towing vehicle whloh may lawfully appear at the scene of an accident where a veh,lcle has collided with another vehicle or other obJect or which has been wreaked or disabled to any manner for the purpose or expectation of towing, removing or hauling away the wrecked vehicle or vehicles from the scene of the accident without having been expressly summoned there by the polloe department or tl~e owner otlone of the vehicles Involved !n the accident. (c) Person. The term person shall Include bo#h singular and plural and shall mean and include any Lndtvldual, firm, oorporatlon, assoolatlon or partnership. (d) Wreaker Drlve~. The term "Wrecker Driver" as used In this chapter, means any individual who actually operates and drives a "Towing Vehicle" or .an "Auto Wrecker" on the streets of the Clty of La Porte, either on his own aocount or In the employ of another.~~ • ~ • I 1 Ordinance 1746, Page 3 (e) Owner. '!'he term Owner, as used in this 'chapter, shall be construed to ^ean ,any person engaged In the busln~uss of towing motor vehicles for hire ;or engaged In the business of storing, wrecking or repalring motor' vehicles for hire and who owns or !s'entttled to use any "Auto Wrecker", or "Towing Vehicle", and who uses sale !n the conduct of his business or any part thereof. (f) (;OMMlttee. The tern "Committee", as used lr~ this chapter, shall mean the Clty Wrecker Committee. The Clty Wrecker Committee shall be composed of the following persons: i. The Chlet of Police, City of La Porte, or his duly designated representatives; 2. A Member of the City Staff of the City of La Porte; 8. A duly appointed representative of the La Porte Ylreoker Association; 4. City Manager of the Clty of La Porte or his duly designated representative. Sea. 6-2, Permits Ilequlred. ' (a) Towing Velttgle. It shall be unlawful for any person to drive or operate or cause to be driven or operated any towing vehicle as heretofore defined upon any public street !n the city for the purpose of towing or hauling wrecked or disabled vehicles, either for hire, or as an incident to obtaining the business of storing, wrecking or repalring such wrecked or disabled vehicles without having first obtained a towing vehicle pertilt, from the Clty of La Porte, duly Issued to such person to operate the vehicle on the streets of the olty under the terms and provisions of this chapter. (b) Auto Wrecker. It shall be unlawful for any person to drive or operate or cause tai be driven or operated any auto wrecker, as that term has been heretofore defined, upon any public street !n the city for the A i purpose of towing or hauling wrecked or disabled vehicles, either for hire or as an incident; to obtaining the business of storing, wrecking or repalring such wreaked or disabled vehicles, without having first obtained an auto wrecker per~ult, from the State of Texas, duly lsaued to such person to operate an ~. ' ' • • Ord 1 Hance 1746, Page' 4 emergency auto wrecker on the streets of the city. The holder of an auto wrecker permit shall not be required to obtain a towlrrq vehicle permit !n addition thereto. (c) In any prosecution for a violation of this subsection, proof that an owner's wrecking vehicle was present at the scene of a collision or accident in which a vehicle was wrecked or disabled shall constitute prima facie evidence that such owner was operating or causing to be operated his wrecking vehicle as an unlicensed towing vehicle or auto wreaker as the case may be. Sec. 6-3. Insurancg,_~quired. (a) Before any permit shall be Issued to any owner of an atuto wrecker or emergency auto wrecker, or before any renewal of said permit shall be granted, the owner shall be required to file an Insurance policy anal/or certificate of insurance policy and or certificate of insurance wltli the City Secretary, ~ivtdenctng insurance coverage complying with the requirements contained In paragraph (b) bolow. (b) Insurance coverage In paragraph (a) abovemeans an insurance policy or pollcles and/or a certltlcate, or certltlcates of insurance covering all licensed towing vehicles or auto wreckers of the insured, Issued by a company or companies qualified to do business In tits State of Texas and performable in liarrls County, Texas. All insurance pollcles or certltlcates of insurance, including garage liability pollcles must show the year, make and model, state license number and motor number of all towing vehicles or riuto wreckers, which have been authorized to operate by the City of i,a Porte. Further, all Insurance pollcles or aerttiicates of insurance must Include an endorsement listing the Clty of La Porte as an additional named insured party. All such insurance policies and/or certltlcates of insurance must contain a provision, or an endorsement, requiring that the (:ity Secretary shall be given at least ten (10) days' written notice prior to the date of cancellation before such policy may be cancelled by the injurer, for any cause. All such policies shall provide the minimum coverage to show "proof of ilnanclal responslbillty" as that ter^ is defined in the Texas Yotor i . ~ • Ord 1 Hance 1746, Page 6 Vehicle Safety Responsibility Act, as now Ln force or hereafter amended. However, In no event shall Insurance covorage on either type of wrecker be less than the amount of (g~ ) for bodily 1nJury to or death of one person !n any one accident ~~nd, subJect to said limitation for one person, In tl~e amount of ~ (It_Z for bodily 1nJury to or death of two (2) or more persons In any one accident, and to the amount of ~ (g ) !or 1nJury to or destruction of property of others lt~ any one accident. The city shall Immediately suspend, cancel or revoke any towtng vehicle or auto wrecker permit heretofore issued without further notice to the owner, li satisfactory ins~~rance as l~ereln required Is not in full force and effect at all times, with satisfactory evidence that said insurance Ls to full toroe and Ln etfeot, being on ills with the City Secretary of the Clty of ~.a Porte. ' See. 6-4. Application for Tgwing Vehielo Permits. Any owner desiring to operate a towtng vehicle or vehicles in the city shall apply Ln writing for a permit to the Ctty Secretary, and shall state the following in his appllcatlon: (i) The name and address of the owner. Ii an individual, the appllcatlon shall so sate. IL a partnersl~lp, the partnership name and address shall be given together with names and addresses of all partners. It a corporation, tt-e corporate name and office address shall be gLven, together with the napes and addresses of the president and secretary. (2) The number. of towing vehicles the owner desires to operate, luting the make, model, motor number and oorrect state license number of each towtng vehicle. (3) The true ownership of each towtng vehicle. Ii not owned outright by the owner as deil~ned !n this ohapter, tl~o name and address of the true owner shall be given. Ii the towtng vehicle Is operated under the terms of a contract with some company ether than the owner, a Dopy of the oontraet shall also be attaohed. • • i Ordinance 1746, Page 6 ~ ~••~ (4) A statement that the owner will obey the provisions of this chapter, the rules and regulatlons promulgated by the Chlei of Polloe of the City of I,a Porte, and all other ordinances and statutes applicable to motor vehicles and agrees that upon his failure to so obey such laws that his permit ^ay be revoked or suspended without notice to the owner. (6) The appllcatlon shall be signed by the owner. It a partnership, it shall be signed by a member of the itrm. It a corporatlon,`Lt shall be signed by the president and attested by tl~e secretary and- the corporate seal atitxed. In all cases, the person signing shall execute an aitldav/t, on the appllcatlon Corm, that the statements contalr~ed In such attldavlt are true and correct. Such applicatton shall be aoaompanted by an annual towing vehicle permit tee of TIIIRTY FIVE DOLLARS (136.00) a year Lor each towing vehicle the owner desires to operate. All permits shall expire on they thirsty ilrst ,oi December each year and shall then b~ renewed upon submission of a properly executed appllcatlon and the annual auto wrecker permit tee until the next suec;eeding thirty ilrst day of December. It a permit !s granted subsequent to the 1st day of January !n any permit year, the tee shall, be pall pro rata for tl~e balance of the year, and any portion of a month shall be considered as an entire month In oalculattng the tee to be charged. Sec. 6-6. Issuance of Towing Vehicle Perm ~. Attar tl~e owner has ailed I~ls towing vehicle applicatton, permit tee, and insurance policy, and the Clty Secretary leas exanlned same and found them to be Ln oompltance with the terns of this chapter, he shall issue to the owner a permit f,'or each towing vehicle 1Lcensed, which peralt shall bear upon its lace; a notice that the same expires on the succeeding December thirty ilrst. Eaoh permit shall be dated and numbered and shall show on its taco the .make, model, motor number and state license number of the towing vehicle licensed. The Committee is empowered to prescribe regulatlons Lor the displaying of signs Rn towing vehicles showing that the same have been lloensed as herein proylded. i • - • Ordinance 1746,'- Page T , Geo. 6-6. Additional and ReQlace~ren~ Towlpg Vehicle Permits. (a) When an owner has obtained a towing vehicle permit and thereatter desires to increase the number of towing velrlcles to be operated, he shall file a supplemental appllcatlon setting forth his permit number and the fact that he desires to operate addltlonal towing vehicles, giving the make, model, motor number and state license number'af each addltlonal towing vehicle. Ile shall also ills the proper permit tee to cover the addltlonal number of towing vehicle permits. (b) IIe shall also file with the Clty Secretary a new insurance policy or a proper endorsement on the existing policy, cover/ng the addltlonal towing vehicles. (c) The Clty Secretary shall examine such supplemental towing vehtcle appllcatlon, fee and policy, and if the same are !n order, shall Issue towing vehtcle permits covering each addltlonal towtng vehicle. (d) Whenever an owner wishes to discontinue the use of a towing vehtcle during the period covered by his permit and replace it with anottrer, he shall file an attldavit stating that he has discontinued using the towing vehlole covered by his permit, and desires to use another towing vehicle In its place. IIe shall also attach a certlitcaty from h!s insurer that such insurer has been notified thereof and has ,agreed to make the appropriate transfer of coverage. The Clty Secretary shall, upon the payment of a TWENTY FIVE DOLLAR 0626.00) transfer fee, Issue the owner a new permit covering the replacement towtng vehlole as provided In 6-6, and cause the old towtng vehicle permit to be cancelled and voided. In the attldavit, as well as the certificate from the Insurer, the old and new towing vehicle shall be described by make, model, motor number and state license number. Sec. 6-7. Apalicatlon for Auto Wre~~~Pe,~mlts. , Any owner desiring to operate an emergency auto wrecker or wreckers in the city shall make appllcatlon to the Clty Secretary for an auto wrecker permit or permits. Such appllcatlon shall be submitted upon form to be furnished by. the Clty Secretary and the applicant shall furnish the following proof and information with his appllcatlon. • , Ordinance iT46, Page 8 (a) The name and address of tt~e owner shall be stated, and It the auto wrecker is to be op9rated under the name of some company other than the name of the owner, then the name of the company shall be stated. Accompanying the applicatlon shall be a signed copy of the agreement and contract between the owner and the oompany !n 'whose name the auto wrecker is to operate. The auto wrecker permit shall be Issued in the Joint names and no transfer from one company to another company by the owner shall be permitted. It any individual, the application shall so state. It a partnership, the partnershlp name and address shall be given together with the names and addresses of all partners. It a corporation, the corporate name and otitce address shall be given, together with tine names and addresses of the president and secretary. All of the provisions and requirements applicable to persons to this chapter shall apply to and be required of each partner or each principal officer and the tallure of any of them to meet such t~equlrements shall be grounds to deny the application of the corporation or partnershlp. All changes of such otilcers or partners shall be reported to the City Secretary within ten (10) days after tho change and such new officers or partners shall individually file applications a©rtiiytng to their Individual quallttcatlons wlthln such time,. and the tallure to oertlty wlthln suoh time or to possess such qualifications required of such persons under this chapter shall be cause for the suspension of all permits held by suoh corporation or partnershlp. , (b) The applicatlon shall list the make, model, motor number and correct state license number of the vehicle to be licensed by the applicant as an auto wrecker. (e) Any person making applicatlon for an auto wreoker permit shall deposit with the Clty Secretary, upon making application a sum of • • r i Ordinance 1746,~~~ Page 9 money in the amount of ONE tiUNDREi) DOLLARS (~100.G'0). Said sum ;~ shall be used to pay for the advertising of such applioation In the newspaper for two (2) consecutive weeks. Within ititeen (ib) days after receiving such sum and qualifying data, the city shall cause to be publistred In the newspaper !or two (2) consecutive weeks a notice to all holders of auto wrHClcer permlts and all other Lnte:rested persons. Such notice shall advertise the time and place nt public hearing, whtclr said hear°li~g shall be held not less than twenty (20) days from the date of the first publication. Such notice shall give the name of the applicant, the name of the business under which the applicant proposes to operate and any other pertinent data that the Clty Secretary may deem necessary. If such deposit is !n excess of the cost of advertising, the Clty Secretary strall cause such excess to be returned to the applicant and llkawlse tt tha amount Is insufficient to pay the post of the advortlsl:rgy the Clty Secretary shall then require the applicant to pay for the deficiency. liearings and 1nvQStlgatlon for the purpose of determining whether or not the application tar an auto wrecker permit will be granted, based upon the number of permlts outstanding; and whether or not the granting of the application will not b~ detrimental to the public convenience and necessity shall be ;heard before the committee at the time and place designated. (d) The comml~tee shall have in attendance at such hearing a representative from the city legal department, and any other persons that !t may deem necessary to conduct said hearing. At the tlse of the hearings and investigation with reference to whether or not public convenience and necessity exists for the Issuance of such peroolts, the committee shall consider all the evidence of the applicant and his witnesses: It shall further hear,, all the evidence of any protestants and their witnesses and shall have the right to oall such other. witnesses as the oouncilmen may deem necessary. • • i 1 I I Ordlnanoe 1746, Page 10 (e) In determining whether a greater number of permits would create a publio inconvenience, the oommittee shall tako tnt~ c~nslderatlon the following: (1) The iinanoial responsibility of the appllcant; (2) The number of vehicles to be operated; (3) Nake, model and type of vehicle or vehicles to be used; (4) The etteot of addltlonal vehicles upon +trattlc congestion, vehicular and pedesirlan alike; + (6) Whether or not all insurance required by this Chapter has procured or will be procured; (6) That the appllcant has a properly tenchd storage facility for wrecked vehicles, the size of his business location and lot, and that the lot Ls located wlthLn?the city limits of the Clty of La Porte; (7) Determine that all city ad valorem taxes and other taxes of •.the appllcant have been paid; (8) Whether the vehicle shall be operated by the nwner, or by his employee wltl~ bona fide employer/employee relationship; (8) Wheth~rr the appllcant proposes to own, rent or lease the vehlc).e to be used; (10) The number of auto wreckers then Ln existence and licensed; (11) Whethi~r the requirements of p~tbllc oonvet~lence and necesstty can be net and compiled with only fey the issuanoe of addltlonal certificates of public convenience and necessity for auto wreckers; (12) Any and all other facts the committee may deem relevant. Sec. 6-8. WtasksncPeo~iCertltl.~~es of CoQy~.~Lenc.e~.0~ecesslty for Auto Ii the committee finds alter the hearing and investigation that public convenienoe and necesstty exists for the operation of said auto wreckers that have been applied tor, the committee shall then instruct the Clty Secretary to nc~tl!y the appllcant In writing within ten.(10) days from the • Ordtnanoe 1798, Page li • last date of the hearing that such vehicle or vehicles are authorized to operate under the provlsions of this chapter so long as they are !n compliance with all ~~i the provlsions hereof and all federal, state, county and city laws and ordinances. The aommlttee shall also instruct the Clty Secretary to publish an official notice of its findings !n the newspaper within such time. ' Sea. 8-8. Denial of Certlflcate ~f Convenienao apd Necessity ,~ or Auto ~lrecker Permi$~. If the aommltttee finds from its hearings and investigation that convenience and necessity does not exist for the operation of fire vehlale or vehlales applied tor, it shall instruct fire Clty Secretary to so notify the applicant !n writing wlthlrr ten (10) days from the last date of the hearing. An applicant who has been dented a permit or permits by the committee, and whose appeal to the Clty Cauncll as hereinafter provided, Ls denied, or ih~ decision not having been appealed to .the aommlttee, shall not be permitted to make another application for slxi(6) months from the date of his filing of the application for fire auto wrocker permit. Sec. 6-10. Appeal from the FJ ndinga ~t the Clty Wrec er Committee. Alter the com~eittee has made its tlndings and declares same, the applicant, or any person opposing the said application who entered an appearance at the hoaring before the committee, shall have the right to file an appeal wi(:hin ten (10) days from the receipt of the city Secretary's written notice, or from the date of the,publlshed notice, as applicable. The appeal shall be !n the form of a letter addressed to the City Secretary stating that an appeal from the decision of the committee !s desired. The City Secretary shall notify the Clty Council of such appeal, and the Council, as soon as practicable, after receiving said notice of appeal together with the findings of the committee, shall grant or deny, in open session, such applioation for a hearing. If a hearing !s granted, the City Council ~ha~ll sustain, modify or reverse the ftndings made by the committee and shall so notlty the Clty Secretary of 'its tlndings. The ftndings of the City Council shall be final. If no appeal is made to the City Council from thE~ • ~ • I ' Ordinance 1746; Page 1~ cossittee's deoislon within ten (10) days, as tndtoated above, then such decision shall becose final. Sec. 6-11. Fee for Auto rocker permits. The permit tee to operate an "auto wrecker" or "auto wreckers" shall be THIRTY FIVE DOLLARS (36.00) per year for each "auto wrecker" which the owner is licensed to operate. All permits shall expire bn the 31st day of December of each year and shall then be renewed until fife next succeeding thirty-first day of December. Ii a permit !s granted subsequent to the first day of January In any perstt year, the tee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered an entire month In calculating the fee to be charged. Sec 6-12 Issuance of Auto Wrecker Permtt~.. Alter the owner has filed his application for an auto wrecker permit, a hearln held and g public convenience and neoesslty found to exist, and the applLcant has filed the required Insurance, and the City Secretary and Ctty Attorney have exaslned same and found them to be to compliance with the terms of this chapter., the City Secretary shall issue to the owner a permit to 0 orate an auto wrecker in the oft u on the P y p public streets, which permit shall bear upon its fade the sake, sodel, sot or number, permit number and the lioens;e number of tt~e auto wrecker. Said permits shall be Issued by the Ctty Secretary upon authorization of the Cosstttee to be attached to the auto wrecker, said permits to be attached to the front windshield of the auto wrecker, placed immediately above the inspection sticker that has been Issued by the State of Texas for said auto wrecker. These perdtts are and shall always remain tl~e property of the City of La Porte. In the event of suspension or revocation of a permit or permits, for any cause, !t shall be unlawful Lor the owner of said permits to retain such perslt, and he shall cause said permit to bo destroyed or surrendered to the Ctty Secretary of the Ctty of l.a Porte tmsedtately upon notification or such suspension or revocation, as is feasible. • ~ • Ordinance 1746, Page 13 Sec. 6-13. VHhtoi;etPenm6~sSuspenslg~g~ Alto ~recke~or Permits or Towing (a) Upon a complaint being filed by any person with the City Secretary of a vlolatlon of any of khe terms or provisions of tlrls chapter or the vlolatlon of any of the laws of the state, federal government or olty, or upon motion of any member of the committee, the committee may, alter ten (10) days' written notice to the permit holder stating the grounds of said complaint, conduct a hearing to hear evidence with reference to such complaint or motion. Should such hearing reveal a vlolatlon of any of the terms of this chapter or the laws of this state or federal government or other ordinances of the city, the oommlttee may suspend, oancel or revoke the permit or permits of suoh permit holder, as the offense may direct. (b) After the committee has held !ts hearing and Lnvestlgation upon the complaint or motion for the suspension, cancellation or revocation of a permit of any owner of a towing vehicle or an auto wrecker shall have the right to appeal to t;he Ctty Wrecker Committee within ten (10) days from the receipt of the written decision of the committee only !n the event of a revocation of the permit of the owner by the oommlttee. Such appeal shall be in the form of a letter addressed and delivered to the Clty Secretary, stating that an appeal !s desired from the revocation of the committee. The Ctty Secretary shall notliy the Clty Council of such appeal, and the council, as soon as practicable thereatter, shall notliy the appellant as to whether or not such an appeal will be heard. If the Clty Wrecker Committee grants such an appeal, It shall either sustain or reverse the revocation of the oommlttee. If no appeal !s taken iron the committee's action within ten (10) days, as set out above, the decision of the committee shall be final. Sec. 6-14. Transfer of Auto Wre~~@p Permits. Whenever an owner wishes to discontinue the use of an auto wrecker during the period covered by his permit ar~d replace it with another, he shall the an affidavit stating that he has discontlnue~d using the auto i ~ ~ • Ordlnanae 1746, Page 14 wrecker covered by his permit, and desires to use another auto wrecker !n !ts place. He shall, also attach a certlttcate from his Insurer that such Insurer has been notliied thereof and agrees thereto. The Clty Secretary shall, upon the payment of a TWENTY FIVE DOLLARS (26.00) transfer tee, Issue the owner a neN permit covering the new auto wrecker, as provided 1n Section 6-12 hereof, and cause tho old auto wrecker permit to be cancelled and voided. In the aifidavlt, as well as the certificate from the Insurer, the old and new auto wrecker shall be described by make, model, motor number and state license number. Sec. 6-16. Perml~s are Persong.l to Owners Tl~ereot. (a) A permit Issued hereunder for a towing vehicle or an auto wrecker shall be a personal permit to the owner and shall not entitle any other person or corporation to operate such towing vehicle or auto wrecker. The permits Issued pursuant to this chapter are transferable as between owners only upon the express approval of the committee, and shall be subJeot to.a TWENTY-FIVE DOLLAR (826.00) transfer tee, !t approved. A dental of the right to transfer a permit may be appealed to the Clty Wrecker Committee, !n compliance with the terms of Section 6-10 hereof. Upon cancellation of any permit no portlo_n of the permit tee shall be refunded to the owner thereof . Sec. 6-16. Ad Valorem Taxes. (a) It shall be unlawful for any person, corporation or partnership to use the streets of the city for the operation of a towlnq vehicle or an auto wrecker unless all city ad valorem and other city taxes, on all properties used and useful !n the turnlshing of towing vehicle and auto wrecker service shall have been first paid. (b) The owner or operator of any property used and useful !n the furnishing of towing vehicle or auto wreckers shall, on or before the thirty tlrst day of January of each year, furnish tt~e Clty Secretary with satisfactory evidence that all ad valorem and other taxes due the city have been duly paid. If an lnvestlgatlon by the Clay Secretary d[scloses that such taxes •. i Ordinance 1748, Page 16 were not !n fact paid, the owner's permit shall be automatlaally suspended, and !i such taxes are not paid in full within sixty (80) days thereafter, the committee •ay cause such permit to be indefinitely suspended, cancelled or revoked. Sec. 8-17. regulations on Operations. (a) The committee -s hereby authorized to promulgate any and all rules and regulations relating to the operation of towing vehicle and auto wreckers, insofar as such rules aid regulations are not inconsistent with any of the provisions of this chapter, deemed necessary to protect public safety and welfare. Specifically, but without limitation, the commLttee is hereby authorized to promulgate any rules relating to restrictions on the number of auto wreckers which may operate on the streets of the Ctty of La Porte at any one time. The committee shall cause the Clty Secretary to serve copies of such rules on owners at their registered addresses by certified mall. Such notices shall fully set out any rules promulgated, and the effective dates thereof. Any permit holders shall have the right, -n a~ccardanae with the provisions of Section 8-10, to appeal to t1~e Clty Council with regard to any rules and restr-ctlons promulgated by the oommlt~tee felt by such permit holder to be unduly onerous. Sec. 8-18. Procedure by Auto Wrecker Operators at Scene of Disabled Yehiele. (a) Whenever an auto wrecker arrives at the place where a motor vehicle has been disabled by an accident, the auto wrecker driver shall legally park his vehicle as close to the street curb as possible and otherwise dispose of !t In such a manner as not to interfere with traffic. fie shall not -dark his vehicle within a distance of fifty (60) feet from a wrecked or disabled vehicle. (b) It shall be unlawful for any wrecker owner, driver or agent to so11c-t the business of towing, remov-ng or repalr-ng any wrecked or disabled vehicle at the place where an accident has occurred, by words, cards, clrculares or gestures. i . ~i~ • Ordinance 1746, Page 18 (c) All auto wrecker drivers arriving at the place where any accident has occurred shall obey all orders given them by any poltce oiilcer of the city investigating such accident and shall not !n any manner interfere with i suoh polloe oitloer Ln the performance of his duty. (d) No ar:to wreaker or auto wrecker drtver shall rermove any wreaked or disabled vehicle from the place where an aooldent has oocurred, or attach his wrecker to the wrecked or disabled vehicle, until: i (i) the poltce officers Crave completed their lnvestlgat/on; and (2) the drtver of the said vetricl.e, or the poltce oiilcer wtrere the driver is unable, tras given permissli~n. (e) The faot that no poltce oiilcer of the alty~ is present at the scene of the acoldent when an auto wrecker or a towing vehicle that has been summoned to the scene by the vehicle owner ~arrlves shall not con~tltute an exception to this section and !t shall 'be the. duty of any wrecker owner to cause the poltce department of the city to be notified of the occurrence of the accident and to await the art•lval of the police officers of the city and the completion of their investigation. (t) All wrecker drivers shall, at all times, obey'all traffic laws of the State of Texas and the City of La Porte. Seo. 6-19. W: c^kor Rotat loa Lisp, (a) All auto wreckers desiring to be called for wrecker service by the Clty Police Department shall request In wrlting~to be placed on a qualified auto wrecker rotation list to be maintained by the Police Department. (b) The qualli;ted auto wreaker rotation list shall be used for all vehicles on which a pull is requested by fire La Porte Police Department, except in a non-arrest situation, where vehicle owner has requested a specific wrecker. (c) When a police oitloer lnvestlgatlrrg an aooldent determines that any vehicle which has been Involved In a collision or accident upon a publto street !s unable to proceed safely under !ts own power, or when the • I ~ Ordinance 1746, .Page ,17 owner thereof is physically unable to drive such vehlcle, the officer shall request the owner to designate the wrecker company the owner desires to remove that vehicle. When the owner has designated the wrecker company desired, the pollee oiflcer shall communicate the fact Immediately to Police Department Headquarters, and it shall be the duty of :•hn dispatcher receiving such Lntormatlon at Ieadquarters to call the designated company provided the company can respond to the location within 20 minutes. In the event the company Dan not respond !n the designated time, the owner shall be so Informed and given an opportunity to designate another company. (d) In the event the owner of a vehlcle lnvolv~d In an accident or collision is physically unable to designate the wrecker company desired, or refuses to designate one, tl~e lnvestlgating otflcer shall communicate the fact immediately to Police Department Headquarters. Tlie Police Department shall maintain a wrecker rotation list which shall contain the names and addresses of each wrecker service company that compiles with the provisions of this ordinance In order that said company might be called upon for wrecker service by the Pollee Department. The pollee oiflcer receiving a call at Police Headquarters for wrecker service shall Dell the first wrecker company on the list to tow the disabled vehiole or move the same from the public streets of the city. After the company at t!~e top of the list receives a call then the company's name shall be placed at the bottom of the list and the next company shall be moved to tl~e top of the list and It shall receive calls. -This process shall be repeated until each company prov.lding wrecker service under the provisions of this ordinance has received calls. The Po1Lae Department shall notify each wrecker company in suftlclent time prior to Lts rendering said wreaker servlae Ln order that the company might adequately provide the necessary men and equipment to answer said calls. Speclilcally requested wreckers must be duly licensed by the State and able, to respond to tl~e scene within a~ twenty (20) minute time frame. Ii they, cannot respond !n that time frame, the oiflcer In charge will advise the requesting party and request a wrecker from the rotating list. • _'i i ~ • 1 I Ordinance 1746, Page 18 t i (e) In the event a wreaker service company is requested by the Police Department to make.a call and the company agrees to make said call then the company shall proceed immediately to the scene where !t is directed and shall be given a twenty (20) minute time trams to reach said location. Ii the wrecker service company answering said call has not reached said location ~withln a twenty (20) minutes then the attlcer at the scene may proceed to call the next wrecker service company on the list and that company shall have {~rlorlty ovor that parttoular call. In the event that the wrecker service company called falls to comply wfth the provisions of the ordinance by proceeding to the designated pla~:e within the time specified above then this wrecker service company shall, be removed from the top of the list and placed at the bottom of the list. (i) Thls section only applies to acoldent scenes and not to custodial arrests. The twenty '(20) minute time trams does not apply if the officer In charge deems the situation to be too dangerous In nature to watt that period of time. Sec 6-20 Specifications and Required Egulnment. (a) pjni~.y~m Slze. Each auto wrecker and emergency auto wrecker shall not be less than one (1) ton In size and shall be equipped with booster brakes. (b) standards of Winch. Cacti auto wreoker and emergency auto wrecker shall be equipped with a power take-off operated winch, winch line and boom, with a faotor~r rated lifting capaolty (or city tested capacity) of not• less than tive~thousand (5,000) pounds, single, line capacity. The winch line shall be three-eights (3/8) Inch !n diameter. (c) Flashing I.,i¢ht. Cacti auto wrecker and enea•gency auto wrecker shall have a tlashing light of at least four (4) Inches in diameter on the top of the cab, as pt•escrtbed or permitted by State law, visible from both the front and rear of the truck. (d) Wheels and Tires. Each auto wreoker and emergency auto wreoker shall have dual wheels on the rear with heavy duty tires thereon. • I Ord l nanoe 1746, Page' 18 (e) Each emergency auto wrecker, and all auto wreckers that are to be ellglble to be summoned to an accident scene when requested by a driver, shall be provided with the following: ' (1) Flre extinguishers; said fire extinguishers being defined as that place of equipment commonly carried to extinguish fires caused as a result of an auto accident or collision. Said fLre extinguisher to be a standard type, chemical fire exttngulsher deslgnod to combat motor velilcle fires. (2) Parking flares; said parking flares being defined as that place of equipment commonly used in motor transportation as a signal !late or light to warn of an obstruction on the highway. (3) Two bars; said tow bars being that piece of equipment sometimes known as the A-frame, which l~ a part of the auto wrecker and !s used to hold a vehicle which has been elevated for towing, stability and to prevent swtnging of said raised vehicle as it is being towed. When a vehlele is being towed tiie tow bar shall be to place to prevent swtnging. (4) Broom and sand box; said broom and sand box with at least a three (3) gallon capacity for the purpose of cleaning up oil and other liquids. (6) Shoved and pinch bar. • (6) A conXalner to hold glass and debris. (7) A permanently atfLxed sign, with minimum four (4) tncl~ lettet~ing, Ldentttying the owner of said emergency auto wreckE~r, with said owner's phone numbeir, address, and the name of his business. Every emergency; auto wrecker and those auto wreckers which are to be ellglble to be summoned to an accident scene shall carry the above named equipment at all times. ~~ { Ordinance 1746, Page 20 Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall be annually inspected by the Police Department of ,the City of La Porte for compliance with the above equipment requirements. (i) It shall be the duty of the driver of each emergency auto wrecker and auto wrecker that picks up a wrecked or disabled vehicle for the purpose of towing the same away to clear the street of any and all debris, parts or glass. In the event two (2) or morn wreakers pick up velatoles for towing, it shall be the duty of each driver to clear the street of debris, parts or glass. Sec. 6-21. Permissible Fees and (charges. (A) (1) The standard charge for R "normal tow" ft•om the scene of the accident to the city limits of tho Clty~of La Porte to the place of business of the wrecker operator, or other location Instructed by the owner, will not exceed SIXTY DOLLARS (ffi60.00). A "normal tow" is deitned gas "picking up the vehicle or moving and towing the vehicle from the street to a location." (2) An acldltlonal aharga may be made for the following additional labor that is not required In a "normal tow", to- wit: (a) An additional charge, not to exceed TWENTY DOLLARS (820.00), may be made for a ditch pull and/or rollover 4n those oases where two separate pulls .with the irrecker's winch line are actually required. (b) An additional charge, not to exceed FIFTEEN DOLLARS (516.00) may be made for dlsengaglr~g and removing the drive shalt, or for other exceptional labor. (3) A charge not to exceed ONE IIUNDRED FIVE: DOLLARS (8106.00) may be made when !t is required to "dolly" a wrecked vehlale. This charge shall be all inclusive, and no other charge say be iwposed when !t is made. Ordinance 1746, Page 21 (4) Except in the event of a dolly charge, the maximum charge for any and all tows from the scene of an accident In the pity limits shall be ONE IIUNDRED FIVE DOLLARS (5106.00). (6) A charge not to exceed EIGIIT DOLLARS AND FIFTY CENTS (88.60) per day may be made for the storage of wrecked vehicles after the first 12 hours. (6) A charge not #o exceed TEN DOLLARS (810.00) per fire may be made when !t beoomes necessary to change a tlre.~' (B) Every holder of an emergency auto wrecker permit and those auto wrecker permit holders that are eligible to be summoned to scenes of accidents shall utilize an oiilalal wrecker ticket provided by the City of La Porte containing the iollowing information: ~~ (1) Name and address of wrecker company. ' (2) Tlme and locat lorr of accident . (3) Place to which vehicle is to be towed. (4) Description of vehicle and general desc-•lptlon of parts of vehicle that have been damaged. (6) Itemized list of services to be performed, charges Lor each, and total charges. (6) Place; for signatures of auto owner. or other person (including a pollee oftlcer) authorizing tow of vehicle. (7) One Dopy of tics wrecker ticket is to be given to the customer, and one dopy is to be given ;to the Lr~vestlgating ' policy oilicer. Sec. 6-22. Miscellaneous Provlslon~q~~(,p~,~_(~~. (a) The selling or other granting of the right to tow an,y disabled vehicle is prohibltec~. The person signing for the disabled vehicle shall be able to account for the vehicle at all times. /- violation of this section shall constitute the basis of cancellation of i:he license without further notice. - ~ ~ . Ordinanoe 1746, Fage 22 (b) Onoe a wreoker.has been attaohed to a vehlcle for the purpose of towing It to a location, the wrecker driver shall knot disengage such vehlcle and leave !t .parked prior to Lts arrlval'at the designated looatlon. Sec~ton 2. The City Counoil officially finds, determines, rj~oites and declares that a suffiolent written notlce of the date, hour, place and subJect of this meetLng of the Ctty Council Ls posted at a place convenient to the publlo at the Clty Ball of the city for the time required by law preceding this meetLng, as required by the Open ILeettngs Law, Article 6262-17, Texas Revised C1v11 Statutos Annotated; and that this meeting has been open to the public as required by law at all times during whLch this ordLnance and the sub,lect matter thereof has been discussed, considered and formally acted upon. The Ctty Council further ratifies, approves and confirms such written notlce and the oontenta and posting thereof. Section 3. This Ordinance shall be effective fourteen (14) days alter its passage and approval. The Clty Secretary shall glue notice of the passage of this ordinance by causing the oaptton hereof to be published in the official newspaper of the CLty of La Porte at least ~wloe within ten (10) days aster the passage of this ordinance. Seotlon 4. Ii any section, sentence, phrase, clause, or any part of any section, sentenoe, phrase, ot• clause, of this ord Hance shall, for any reason, be held invalid, such invalidity shall knot affect the remaining portions of this ordinance, and It !s hereby declared to be the Lntentlon of this Ctty Wrecker Committee to have passed each seotion, sentence, phrase or clause, or part thereof, irrespective of the Lett that any othei^ section, sentence, phrase or clause, or part thereof, may be declared Invalid. Seotlon 6. Any person, as defined in Section 1.07 (27), Texas Fenal Code, who shall violate any provision of the ordinance, shall by deemed guilty of a misdemeanor and upon oonviction shall be punished by a fine not to exceed TWO IiUNDRED DOLLARS ~g200.00). , i ~ • i Ordlnanoe 1746, Page 28 PASSED r1ND APPROVED this tho day of , 1981. • CITY OF LA PORT By NORMAN YALONE, MAYOR ATTEST: Cherie Blaek, Clty Secretary APPROVED: l , Knox skins, Clty Attor ey a u REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE REQUESTED February 25, 1991 REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance REPORT RESOLUTION X ORDINANCE EXHIBITS: Letter Ordinance Contract SUMMARY AND RECOMMENDATION The attached ordinance and contract is for an agreement with the firm of Dexter D. Joyner to provide Delinquent Tax Collection services for the City of La Porte for a period of five years. In addition to the services that he has provided in the past, he will also provide the City with a complete computer system which the City will use in the collection efforts of all taxes (current and delinquent). Staff has reviewed the proposed system and is more than pleased with it's capabilities. Title to the system will be transferred to the City at the end of the five year period. The contract may be terminated by either party, with sufficient notice at the end of the fourth or fifth year and contains a buy out clause for the equipment if such termination occurs. ACTION REQUIRED BY COUNCIL: Adopt Ordinance approving and authorizing the contract with the firm of Dexter D. Joyner to provide Delinquent Tax Collection Services to the City of La Porte. AVAILABILITY OF FUNDS: XXX GENERAL FUND UTILITY FUND OTHER ACCOUNT NUMBER: 001-600-603-507 FUNDS AVAILABLE: XX YES NO APPROVED FOR CITY COUNCIL AGENDA Q ROBERT T HERRERA CITY MANAGER DATE • CITY OF LA PORTE INTER-OFFICE MEMORANDUM CJ T0: Robert T. Herrera, City Manager FROM: Jeff Litchfield, Director of Financ~_.~~" DATE: February 19, 1991 SUBJECT: Delinquent Tax Attorney In October and November of 1990, I tested the market for Legal Firms to act as Delinquent Tax Attorney's for the City. My mission was to determine what services were available to the City by firms acting as delinquent tax attorney's. As background information, the attorney is paid by the taxpayer with a state law defined 158 fee that is attached to the tax amount once it has been delinquent for five months. This fee is collected by the City and is forwarded to the attorney. Since this fee is set by the State, in reviewing a contract with a firm for the collection of delinquent taxes, the contract needs to be reviewed from a basis of services rendered and not amount paid. What I found when talking with other firms is that the current market trend is for the Attorney to provide any computing resources that are necessary to collect all taxes (both current and delinquent). Armed with this information and the fact that we have had a good relationship with Mr. Joyner for so long and that he currently collects for the School Districts (whose boundaries are pretty much in line with ours), I sat down with Mr. Joyner to see what he could offer us. After negotiating with Mr. Joyner, he agreed to provide us with a computer system which we could use for the collection of all property taxes. You will recall that we have had a tremendous problem with our current tax system. The MIS Plan that was published in August of 1988 called for a complete re-write of the tax system because of its problems. Because of the timing of the hiring of the MIS Manager/Programmer, we were unable to make any improvements to the system in 1989. In 1990, the time constraints placed on the MIS Manager/Programmer prevented a re-write of the system. He was able to make a few minor changes that did improve our operation. • • Mr. Joyner has contracted with the firm of "Easy Access" to provide hardware and software systems to his clients. My staff and I have met with Mr. Joyner's computer firm and was presented with a demonstration of the proposed system he would like to install at the City of La Porte. As you know from previous discussions, I was very impressed with the system that was presented to us. I have reviewed many systems in my career and this has to be one of the best. To make it even better, the tax system runs on a Digital Equipment Corporation (DEC) platform. The DEC platform was identified by Mr. Collins in the 1988 MIS Plan as being our choice for the future. I have attached a copy of the proposed system as well as a flow chart depicting the installation of the equipment. Mr. Joyner's office will be connected to the system via a modem to the base unit. He will have the capability to directly inquire into our computer database to check the status of any given account. One of the highlights of the system is that all statements are calculated on real time. The advantage of this is in the ability to reduce machine overhead and to reduce our workload. Currently, we have to calculate penalty and interest amounts each month to be added to the database. This currently involves a different processing run for each separate set of tax bills (each year plus all the supplementals), about 20 in all. With the new system, we will be able to calculate bills "on the spot" because it uses an array for the different percentages. Another great feature of the system is that the tax bills will be printed on a laser printer with Bar Code. When the statements are returned to the City with payment, we will be able to process the receipt by reading the information directly from the statement with a wand reader, thereby reducing the time required to keypunch the account and payment information into the system. We currently expend a considerable amount of effort in copying tax statements to send to the taxpayer. We currently mail them three statements, one to keep and two to return with their payment. The plan is to send back one of the two stamped paid. Most people only send back one statement to the City and request that we send them a receipt. In the past, we have had to run a whole set of tax statements to keep in our office so we can extract another copy to send the taxpayer a receipt. Occasionally, we will dust make a photo copy of the tax statement and send it back to the taxpayer. The proposed system will allow us to print receipts directly in the office that can be returned to the taxpayer. Based on the past track record of Mr. Joyner (his aggressiveness in collecting taxes) and on our needs for a better computer system, I propose that we enter into a five year contract with Mr. Joyner whereby, as part of his contract with the City to collect delinquent taxes, he provides us with a complete computer system. The contract will include a termination clause after the second year which will be correlated to a buy out option of the computer equipment. • City of La Porte Tax Office Automated Solution Inquiry and e ~~~~ --- IL- Inquiry and D Counter Collection With Cashdrawer;~ g-~ OCR Mass Mail Processing n Laser Printer System Printer Support Distributive CPU o~~ z DEC-18-'90 TUE 11:55 II~XTER JOYNER ATT TEL N0:713i947-~8 #348 P02 G'Stj- O.!` Le PO.rt1 T~ O.trt~iOe antosiated Bolntlon Quote 12/14/9 ~ivwrsbsei tnalade 1. Devalopnwat of the prajact .nark/implamants~tion plan 2. Dev~elopaaent of the Detailed System Specification Document . (SSD~ 3. Automated Tax Billing, Collection, Reporting, Auditing, Nord Processing, Form Letter Management, System softKare (198-TAK) 4. I#artlKere and $oftxare Inetailation 5. 8yatea phase-in and accept~snce testing 6. Personnel training 7. On-line and hardcopy doou~aentation 8. Update and support apps Lcation ebft~rare maintenance agreement ineiuding: - Inaaodiata Stato Mandated ppdate$ - Vpdatee Marrented Hy tTsar Group Requests - On-line and aardoopy Aooun-entation mas-uai Vpdatss - 1-800 ~ro7.1 2•ree peer 9upp pr't Number - Remote Dl.agnostfc Capabilities - "ACCE88" Qrt-13ae supgorb 9. Rardwnre and system saft~rare s~aiates~ance agreement of items listed lae],vK. • 10. Converaioa from ~,rea~ent automation scenario to A~-TAX following Haay Access pu)~i~.shed guidelines. 11. Related hardMare as folio..e: - P1LC M3crC-Vax I= Norld Hoz with 18 MB ~aemory and 380 ~ of auxiliary storage ~- T1C-SO Tape Haokup Devioe - sight peripheral device ports - (2) v'r-320 amber terminal workstations - (1~ I.A-7.0 @0 column 240 CP8 w/NL(~ receipt printer - (1) LA-210 192 column 240 Cp8 ~./1~1LQ report printer - (~.) Li'~03 Laser Printer and screen print cartriagee for datt~ ar-d fqr~ print sia~ultaneauslx. - (1) Cachemate tot Ca~ahdrawer ' - (].) OCR Font ~ acnnner and conve~eter - (1) 9500 baud anodem - (1) poMOr rQgulatod conditioner - Cabio - VAX VMS OperaCing system 8oft+rare - VAX VM$ peora Livenee CONSIDER ORDINANCE APPROVING CONTRACT FOR COLLECTION OF DELINQUENT TAXES (Ord. 1747) - J. Litchfield Motion by Second by VOTE: FOR AGAINST ABSTAIN Sutherland Cooper Matuszak McLaughlin Porter Gay Skelton Clarke Malone Motion carried Defeated Tabled • i ORDINANCE N0. 1747 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT FOR COLLECTION OF DELINQUENT TAXES BY AND BETWEEN THE CITY OF LA PORTE AND DEXTER D. JOYNER; 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 City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 25th day of February, 1991. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary APPROVED: Knox W. Askins ^` City Attorney • • THE STATE OF TEXAS ~ COUNTY OF HARRIS § CONTRACT FOR COLLECTION OF DELINQOENT TAXES This contract is made and entered into by and between the City of La Porte, Texas, acting herein by and through its governing body, hereinafter styled "City" and Dexter D. Joyner, duly licensed by the Supreme Court of Texas, as an Attorney at Law, hereinafter styled "Attorney." W I T N E S S E T A: I. City hereby agrees to employ and does hereby employ Attorney to enforce by suit or other appropriate legal remedies, the collection of all delinquent taxes, penalty and interest owing to City. Current year taxes of all taxpayers falling delinquent within the period of this contract shall become subject to its terms on the first day of July of each year. II. City and Attorney hereby agree that prior to the filing of any suits for collection of delinquent taxes, both parties are to review the delinquent tax roll for any errors, double assessments or other discrepancies on said roll, the current Assessor-Collector to represent the City in such reviewing procedure. Attorney is to intervene on behalf of the City in all suits for taxes, hereafter filed by any taxing unit on property located within its jurisdictional limits. III. City hereby agrees to furnish the amount of delinquent taxes to Attorney on all property within the taxing jurisdiction of City, along with a copy of City's delinquent tax roll. City hereby agrees to furnish forms for delinquent tax statements and compute penalty and interest on said statements before such statements are mailed to delinquent property owners. Attorney hereby agrees that each year, as soon as it is practicable after July 1, to notify the tax office of City of the dates to have statements prepared to enable Attorney to file suits, said notice to ba a minimum of thirty (30) days. -2- IV. Attorney hereby agrees to file suit on and reduce to judgment and sale all property located within City's taxing jurisdiction with City to furnish the necessary data and information as to name, identity, location of all necessary parties, and legal description of the property to be sold, as reflected by the tax records of City. When a title search is required, Attorney hereby agrees to supervise said title search, with costs to be reimbursed out of court costs. Attorney hereby agrees to sue for recovery of the costs as court costs as provided by Section 33.48 of the Texas Property Tax Code. V. Attorney hereby agrees to provide to City, at his sole cost and expense, a tax collection data processing system that shall include software and hardware, with specifications to be mutually agreed upon between the parties, for the term of this contract. The data processing system shall be installed on City premises to be designated by City. Legal title to the data processing system shall remain in Attorney. Attorney shall be responsible for all upkeep, maintenance, insurance, and taxes on the system, both software and hardware. City shall have the right to install at its expense, hardware and software enhancements to the system, for use by the City for purposes other than tax collection data processing. City shall be responsible for all costs associated with such upgrades. City shall have the right to purchase said data processing system from Attorney, at any time after two years from the effective date of this contract, with the price to be based on the fair market value of the system at the time of purchase, as determined by recognized computer industry appraisal publications at the time of purchase. VI. Attorney hereby agrees to make progress reports to City on request, and to advise the City of all cases when investigation reveals delinquent taxpayers to be financially unable to pay their delinquent taxes. i -3- VII. • City hereby agrees to pay Attorney as compensation for services required hereunder Fifteen Percent (15~) of the amount collected of all delinquent taxes, penalty and interest of the years covered by this contract, (or the legal percentage, if said percentage is changed by operation of law during the term of this contract), actually collected and paid to the Collector of Taxes during the term of this contract, as and when collected. All compensation above provided for shall become the property of the Attorney at the time payment of taxes, penalty and interest is made to the Tax Collector of City. City hereby agrees to pay over said funds monthly by check to Attorney. VIII. This is a personal contract, and shall not be assignable by Attorney. This contract shall be effective from February 25, 1991, ' through February 25, 1996, and where permitted by law, shall be extended automatically at each termination date for an additional one year period; provided, however, the contract may be terminated if written notice is given by either party at least ninety (90) days prior to the next upcoming termination date; and, provided, further, that City, at its option, may terminate this contract on ninety (90) days written notice prior to February 25, 1994, and February 25, 1995. After termination, Attorney shall have an additional twelve (12) months, plus necessary time for any appeals, to reduce to completion all suits filed prior to the date of termination as ,provided herein; provided, however, such additional period shall not preclude City from entering into a delinquent tax collection contract with another attorney. In consideration of the terms and compensation herein stated, Attorney hereby accepts said employment and undertakes the performance of this contract as above written. IX. This contract is executed on behalf of City by its City Manager, who is authorized to execute this agreement by ordinance heretofore passed and approved by City's City Council. ~ ~ -4- WITNESS, the signature of both parties hereto, in duplicate originals, this the 25th day of February, 1991, at La Porte, Harris County, Texas. BY: ATTEST: Cherie Black _____ City Secretary APPROVED: 'Knox W. Askins __ City Attorney CITY OF LA PORTE Robert T. Herrera City Manager Dexter D. Joyner Attorney at Law RE~~'OR CITY COUNCIL AGEN~ ITEM Agenda Date Requested: February 25, 1991 Requested By: K. Askins Department: Legal Report Resolution X Ordinance Exhibits: Ordinance 1000-AA SUMMARY & RECOMMENDATION The City has received a request for a wine and beer on-premise permit from Pizza 'N Buffet, which is in the process of opening at the former Kathy's Pizza location at 1128 South Broadway. The attached ordinance approves the permit. Action Required by Council: Adopt Ordinance 1000-AA Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES _ NO Approved for City Council Agenda Robert T. Herrera DATE City Manager • • ORDINANCE NO. 1000-AA AN ORDINANCE AMENDING ORDINANCE N0. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; DEFINING SOURCE OF AUTHORITY; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte desires to regulate the sale of beer and prescribe premises in accord Alcoholic Beverage 105.06; and in acc Alcoholic Beverage et seq; the hours when it may be sold, for consumption on with provisions of Texas Codes Annotated, Code, Chapter 105, Section 105.05 and Section Ord with the provisions of Texas Codes Annotated, Code, Chapter 109, Subchapter C, Section 109.31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. DEFINITIONS: Restaurant: A building or portion of a building, not operated as a dining room in connection with a hotel or ' boarding hotel, where the primary business is the on-premises sale of prepared food, with adequate kitchen facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered, and where alcoholic beverages may be sold under the following conditions: (1) At least sixty-five percent (65~) of the gross income shall be derived from the sale of prepared food. (2) Any outside entrances, outside separate identification, outside signs or other advertising shall not use any of the words "bar," "tavern," "lounge," "ice house," or "beer," or any word of like import, to identify the business. (3) Beer shall be served as a beverage only in connection with the service of prepared food to a customer. (4) Whenever the building official on the basis of a sworn complaint from any credible person determines that a violation of this section exists, he may require any person serving alcoholic beverages as an incidental use to provide the City, within thirty (30) days of notification, a verified audit for each of the preceding four (4) calendar quarters, showing the gross income derived from the sale of alcoholic beverages and the gross income derived from the sale of food. Such verified audit shall be supported by copies of licensee's invoices and cancelled checks to substantiate its beer and food purchases. No more than two (2j audits per year shall be required. Section 2. In addition to the locations specified in Section 1 of Ordinance No. 1000 of the City of La Poi e, passed and approved by the City Commission of the City of La Pclirte on August 19, 1974, • • ORDINANCE N0. 1000-AA PAGE 2 the sale of beer and wine shall also be permitted during the hours set by the general laws of the State of Texas, consistent with Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Sections 105.05 and 105.06, at the following location by a retailer selling beer and wine for consumption on premises, to-wit: STREET ADDRESS OF PROPERTY: 1128 South Broadway, La Porte, Harris County, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: Lots Fifteen (15), Sixteen (16) and Seventeen (17), Block Eleven Hundred Nine (1109), Town of La Porte, Harris County, Texas NAME OF APPLICANT: Mani Salahshoor ADDRESS OF APPLICANT: 12007 S. Mill Lane, Houston, Harris County, Texas 77089 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Pizza 'N Buffet Section 3. Except and to the extent amended hereby, Ordinance No. 1000 shall remain in full force and effect. Section 4. This ordinance shall constitute a permit for the operation of a restaurant, as above defined, at the above location, which permit shall be personal to the applicant, and nontransfer- able, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local taws and ordinances, including other provisions of this ordinance. Section 5. It is expressly provided that this ordinance is not an attempt to create a zoning district or comprehensive zoning as authorized by Vernon's Texas Codes Annotated, Local Government Code, State of Texas, but rather is to designate that area wherein beer for consumption on premises may be sold in accordance with the Authority granted by the Texas Codes Annotated, Alcoholic Beverage Code, State of Texas. Section 6. Hereafter no .license for the sale of beer for consumption on premises where sold shall be issued or approved, save and except the areas designated in Ordinance No. 1000 of the City of La Porte, Harris County, Texas, and amendments thereto. Section 7. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of Ordinance • ORDINANCE NO. 1000-AA PAGE 3 No. 1000 or any amendments thereto, or any other ordinance, statute, or code, that permits and regulates the subject matter of this Ordinance, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, any court shall have all the powers that existed prior to the effective date of this Ordinance. Section ~. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this Ordinance. Section 9. 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 10. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 25th day of February, 1991. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary AP ROVED' ~ ~/v l Knox W. Askins, City Attorney ~ ~ RFO[IFST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested : February 25, 1991 Requested By: Knox W. Askins Department : City Attorney Report Resolution x Ordinance Exhibits: See attached Ordinance No. 1659-C, with attachments. City Council granted a permit to Arkla exploration Company to drill a 12,000 foot well, on December 10, 1991. The City of La Porte has received an amended application from Arkla Exploration Company dated February 19, 1991, a copy of which is attached to proposed Ordinance No. 1659-C, as Exhibit "A". City staff has reviewed the amended application, and reconmends approval. Action Required by Council: Passage of Ordinance No. 1659-C Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: Funds Available: - YES ,_. NO ~onroved for Cit(y~ Council Aa~a~a Robert T. Herrera DATE City Manager • • ORDINANCE NO. 1659-C AN ORDINANCE AMENDING ORDINANCE N0. 1659-B, AN ORDINANCE GRANTING A PERMIT UNDER CHAPTER 16, "OIL AND GAS WELLS," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, AND APPROVING THE APPLICATION OF ARKLA EXPLORATION COMPANY TO DRILL A 12,000 FOOT WELL; 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 heretofore, on December 10, 1990, passed and approved Ordinance No. 1659-B, granting a permit under Chapter 16 "Oil And Gas Wells," of the Code of Ordinances of the City of La Porte, and approving the application of Arkla Exploration Company to drill a 12,000 foot well. The City of La Porte has now received an application from Arkla Exploration Company, dated February 19, 1991, requesting certain revisions to its permit. The amended application of Arkla Exploration Company has been reviewed by appropriate City officials, who have found that said application, as amended, meets all requirements of Chapter 16 of the Code of Ordinances of the City of La Porte, and have recommended its approval. A true and correct copy of said amended application is attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 2. The City Council of the City of La Porte hereby approves the application of Arkla Exploration Company, dated February 19, 1991, and this Ordinance shall constitute a permit to Arkla Exploration Company to conduct such drilling operations within the City of La Porte as specified in said application, as amended February 19, 1991, all in conformance with the requirements of said Chapter 16 of the Code of Ordinances of the City of La Porte. This Ordinance, and the application attached hereto, shall constitute the permit to Arkla Exploration Company. By reference, there is incorporated herein all the provisions of Chapter 16 of the Code of Ordinances of the City of La Porte, with the same force and effect as if said Chapter were copied verbatim in this permit. Section 3. The term of this permit shall be for a period of 180 days from the date hereof, and as long thereafter as the permitee is engaged in drilling operations with no cessations of ORDINANCE N0. 1659-C Page 2 such operations for more than 90 days, or oil or gas is produced in commercial quantities from the well drilled pursuant to such permit, provided that if at any time after discovery of oil or gas the production thereof in commercial quantities shall cease, the term shall not terminate if the permitee commences additional reworking operations within 90 days thereafter, and if they result in the production of oil or gas, so long thereafter as oil or gas is produced from said well. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED, this the 25th day of February, 1991. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black ____ City Secretary APPROVED: ~l ~ w ~ ~e~~/~ _ Knox W. Askins City Attorney • EXHIBIT "A.. /AV/ I ~~'/~/t/~i-/~ ~arP~o~ria~r February 19, 1991 City of LaPorte 604 W. Fairmont Parkway LaPorte, Texas 77572 Attention: Mr. Knox Askins City Attorney Re: Lomax Gas Unit No. 1, Well No. 1 Clear Lake Prospect Harris County, Texas Gentlemen: Reference is hereby made to Ordinance No. 1659-B which was passed and approved by the LaPorte City Council on December 10, 1990 and, in particular, Section 1 thereof. As recently discussed, Arkla Exploration Company (ARK) has received management approval to drill the referenced well an additional 4,000', or to a total depth of 15,500', which will sufficiently test the Yegua formation. The decision to test the Yegua formation was made after additional analysis of the Stratex H-10 seismic line indicated a possible existence of hydrocarbons at a greater depth. Due to the foregoing, ARK's application for the drilling of an oil and/or gas well within the City of LaPorte needs to be amended to allow ARK the option to drill the Lomax Gas Unit No. 1, Well No. 1 to the aforesaid depth. The surface location, as discussed in letter dated December 6, 1990, remains unchanged; however, the approximate drilling time will increase from 45 days to 75 days in the event the well is drilled to a total depth of 15,500'. Enclosed for approval please find copy of Amended Application, Oil and Gas Well Drilling, which amends paragraph 7., "Proposed Depth," to provide ARK the option to drill the referenced well to a depth of 15,500'. Finally, your records currently indicate the proposed bottom hole location for the aforesaid well is 10' FNL and 250' FEL of Outlot 391, Enoch Brinson Survey, A-5, Harris County, Texas. Due to additional seismic analysis, ARK hereby requests approval to revise the bottom hole location, being described as follows: 10' FSL and 242' FEL of Outlot 388, Enoch Brinson Survey, A-5, Harris County, Texas with such bottom hole location being further described. on the 5100 WESTHEIMER, SU-TE 400 • HOUSTON, TEXAS 77056-5507 • (713) 623-5000 • enclosed plat dated February 6, 1990, and prepared by Busch Hutchinson & Associates. Upon review, please advise if these two modifications to ARK's original application to drill an oil and gas well within the City of LaPorte can be approved administratively or whether same will require the approval of City Council. Whereas ARK intends to commence building location in early March, your attention to these matters would be appreciated. Thank you for your assistance. Sincerely, Guy F. Aldrich enclosure cc-Mr. Joel Albrecht Director of Community Service cc-Ms. Cherie Black City Secretary 2 0661 £t .zaquta~ aS paniaoag 6591 aoueuip.zO ~o ~CdoO ueuzpusZ Tsuotba I • 659T • off aousuzp.zO ~o suotstno.zd ~Cus aapun ~C~unoO st.z.zsH ui ait tugs s~zns Tts .zo3 anuan 'butXsq.zapun .zo uotgo~ Tsbat bus .zo3 ~au~ paa.zbs pus poo~.s.zapun si ~I uoigEtu.zo3 enba~ ~ 005 5Z • uoz~stu,zo~ .zngsxotA .zaMOZ - ~ 000 ZT HydSQ QSSOdO2id ' L ig ,zs~og 2IOS 9I2i 9NI'I'II2IQ 30 SdAy ' 9 sad QSHOKyyK dKLd ' S •ssxay '~I~unoO st.z.zsH 30 sp~ooag Sys aq~ ~o fi~L£ a sd t9 auzntoA uz pap.zooa.z Est e o~ butp.zoooe 's~ot~nO aq,zodeZ auk 3o g~£ goT~nO buiaq pus 'ssxay qunoO st.z.zaH 5-K anznS uosui.zg uoouS auk. 30 ono ssat .zo .zo a.zout pusT 3o sa.zos tLfi~' £ SyIS 'I'ISM .30 HOIydI2iOSSQ 'IK9SZ ' ~ L055-950LL sexay uo~.snoH OOi~ a~tnS .zauttay~saM OOTS SSS2IQQ~' us u~oO uoi~a.zol xS ~Txz~ HSHMO SSKS'I ' £ Z905L Xy 'butnzl y~.zoH ajo.ziO o us.znQ 805 STOLL Xy uo~snoH ybno.zogza~ •n PTsuoQ apZanII 558 pus q no.zoq.zs~ • S uosxoEr aa~snay uiutoQ • S .z.zar SSS2IQQK ' Z q no ogzs~ •n pteuoQ pus passaoap u no.zoq.zs~ • r • H 3o age~sS auq 30 .zognoax~ ss pus AtZ~npTntpul q no.zoq.z~~ • S uosxosr . aa~snay uzuzoQ • S .z.zar HgrIMO SS3 ' T : SyIS QSSOdO2id 00'000 T QIKd SSS3 AIOIyrdJIZdd~l ' OOLZ-6Zi~ 8T£ 'OH SI~IOHd tStTL ~"I ~.xo ana.zgS ~£LTZ xog •O 'd :SSS2iQQK us uzoO uot~~.zoT xS sTx.z~ : SY~ttI ONI'I'II2IQ 'I'ISM S~10 QrI~i ZIO T66T 6T '~ta3 :SyrdQ # NIOIyKOI'IddFl QSQtISL1K • W o C ~, n Y ~ ~ T Q~ 2S = Z ~ C n m cZi O ~ N p Z • v ~D y O m D ~ ~ Z rn x s `~ z ~ ~ N ° n s V - -~ ~t^ S ~ ,~, - 0 ,° 1p~ n ` n ~ ~ ~ C ~ n 1 s ,x r ~ < ~~ 0 1 0 o ~~`~ ~2,~, o~2ge ~ ° ~ ~o~~~ yt~og y~~'a ~~~~: q`~ q j i ~ M`f0\2 ~1~4y yi: ~ "3 ~ '~ ~ h r ~ _ ~ h ~ ~ ~ N - 0 = ~ 0 0 ~ ~ n \ u ti Z ~. m n V ~ ` ~ M ~ ' I ~ I j ~I 1 a *,1 ~ ~ A i ~ 1 ro ~~ r~ : ~ . ~. ~ ~~ r d h ~ ~ b ~'"`` I I ... 3 1 ~ ~~„ ~ ~ q esn ~ k V A ,~ u ~ ~ ,. ,r ` ~ ~ _.. --------- - --------- - ~ ~ C ' ~ a. ~ ~ 4 ~ ~oo~ _a. ~oa ~ ~ h ~" ~ M ~ ~ ~ o : o . o O ~ C 4 ti ~ ~ Y h. !' Y h 1*i ~ gee ~ 0 y ~Y~A 2 Z~ „% 1 p^~ x ~y~o ~~o~ r ~ 4 ~ y~~ 4 ~ v + ~~o v 4 ~ 4 h ~ M ^ ~ 0 ~"~ apzno.zd TTzM stgy •~CgiZtoE3 buiuiE.zy a~i3 agq 3o uotgaTdutoo ui gstssE oq spun3 asagq 30 00'000'SZT$ 30 ~a3suE.zq spuaunnuooa~ 33EgS '05'Z9T'0£Z$ TEgoq sbuisoto ~IatTE puE gaa.zgs tuo.z3 sanuana~ 'T6-06 ]~3 .zo3 agep oy •aoanos buzpun3 ZEUOtgtppE agq sE sbuisoTo ~CattE puE gaa.zgs tuo.z3 sanuana.z paZnpagosun 3o uoigE.zapisuoo buTpua~uuzooa.z si 33EgS '00'TLi~'90T$ ~q (00'T~8'TZZ'T$) spun3 qua.z.zno spaaoxa (00'ZT£'8Z£'T$) uotgEZi.zoggnE pagsanba.z agy 00'ZT£'SZ£'T$ 00'000 Z9 (uozgon.zgsuoo 30 ~S) ~CouabuiquoO ~ 00 ' 000' 8 $ buigsaq TEt.zagEyl ~ 00'OOL'ST $ sasuadxa bui.zaauibua TEUOtssa3o.za ~ 00'ZT9'Z~Z'T$ T# ~ap.zo abuEga puE 'Z,~ agEU.zagTE 'goE.zquoo uozgan.zgsuoo p.IEM~ ~ sriotjo3 sE ur~op uaXo.zq si qunouaE gEgy • ~iouabuzquoo uoigonzgsuoo ~5 E puE buTgsaq ZEi.zagEUt .zo3 apino.zd ' T# .zap.zo abuEgo ggtM pagEZOOSSE bui.zaauibua TEUOtgzppE apino.zd 'goE.zquoo uoigon.zgsuoo aqq p.ZEME oq pa.zTnba.z sT 00'ZT£'8Z£'T$ 3o uoigezi.zoggnE ZEgoq E q.zo33a sTgq 3o gjnsa.z E sy • spaau .zzagq gaana '[TTM goaCo.zd qua.z.zno aqq gEgq uotutdo .ztagq passa.zdxa anEg squauzq.zEdaa aottod puE a.zt3 aqq ggog •gonpo.zd ~CgtTEnb E bLiTpTno.zd Ztigs aTigM uMOp goaCo.zd aqq 3o gsoa aqq buz.zq oq '~ogoE.zquoo pasodo.zd aqq puE squEgtnsuoa ggzM buix.zoM ' 33EgS ~CgiO tCq papuadxa uaaq sEg q.zo33a aZgE.zapzsuo~ • qoa Co.zd aqq 3o AgztEnb .zo adoos aqq buibuEgo ~ijsnoz.zas gnoggiM p.ZEME goE~quoo uoigon.zgsuoo aqq 3o qunouuE aqq aonpa.z oq sEM suoigEtgobau asagq ut antgoaCgo agy '00'ZT9'Zfi+Z'T$ 3o goE.zquOO uOTgOR.ZgSLiO~ E uT gTnsa.z pjnoM 'pano.zddE 3t 'uoigM (T~ .zap.zo abuEgo) p.IEME pig pasina.z E pagEZgobau .zaTTi~i puE gounEj~ puE .zaauibu~ ~Cqi~ 'buiuuEy~ TZig 'aTgEtiEnE spun3 ggtM autj ui sgsoo uoigonzgsuoo but.zq oq gduzagqE uE uI '00'000'OSO`T$ 3o ajdtoui.zd puoq jEUibz~o aqq uo pau.zEa gsa.zaqut sapnZouT gotgM 00'Tb8'TZZ'T$ TEgoq goaCo.zd agq agaTdtuoo oq aTgEtiEnE spun3 qua.z~nO ' L86T ~agogop ut gogEap puE xoEjg tuaz3 ubisap agq ~Tq pa.zEda.zd sEM 00' Z58' 6T6$ goaCo.zd agq .zo3 agEUZtgsa uotgon.zgsuoo jEUibz~o agy 00' fi~8£$ 00'OLT'T$ 00'OSfi~'Z6£'T$ Z agEU.zagZK PPK T ageu.zagt~ PPK ptg asEg • ~iuedaro~ puE sEUtogy sno.zEyj wto.z3 sEM pantaoa.z ptq gsar~ot agy •~CgtTioE3 buzuiEay a.zi3 agq X03 pauado a.zaM spiq 'T66T 'L 1C.zEnuEr up NOI~L~L4Ni~iI~IOO3~I '3 JCIIS ~C.zEUZUinS PiS ' ~ ptq TEUibz.zo oq suoisina.z g3E.za ' £ T 6 6 T ' O Z 1~aEn.zga3 pagEp ' Eaa.z.zag ' y q.zago2i oq T t aMOa • Z • g puE ~Eguna ugor u~oa3 oacay~ • Z ' T 66T ' 0 Z ~i.zEn.zga3 pagEp ' E.za.z.zag • y q.zagog oq pTai3gogTZ 33a.C PuE su.zaor ugor tuo.z3 otuayl • T : sgtgtgx~ aoueuzp.zp uotgnTosag q.zodag XXXX quaua o anaQ gtununuo~ :quaucgaEdaQ utuuEy~ tttg :~Cg pagsanbag T6 SZ Z :pagsanbag agEo Epuab~ r~sl ~rax~o~t zlortnoo aslo xo~t ss~n ~x ~y~a ~abEUE~ ~ E~a~~ag •y ~pue ~ t~oIInoO ~~O so; penoi ~ ON S~~ X :atgEZiEn~ spun3 TO ~ 6Z0 Puna :~aq~nx ~unooo~ (pa~tnba~ auoH) ~aq~O bui~Egg anuanag TE~auaO ~ua~ano~d~i ZE~TdEO XXXXX ~a~EMa~sEM/~a~EM pun3 TE~auaO XXXXX :spunk ;o ~~~IFgQT~~A~ 00'T~8'9~£'T$ 00'000 SZ (sbuisoTo ~atZE ~ ~aa~~s) pun3 ZE~auaO 00'T~8'TZZ'T$ pun3 puog uoi~EbTTQO TE~auaO 686T :sao~nos butMOtto3 aq~ ~0~3 papino~d aq o~ uot~EZt~oq~n~ ZE~oy auk ~o~ buipun3 00'T~8'9~£'T$ spun3 pazt~oq~ny TE~oy 00''-62 $"T-~' sasuadxa patnpauosun ~ 00'ZT£'8Z£'T$ TE~o~gnS 00'000 £Z~` but~sa~ TEt~a~E~ puE bui~aautbua TEUOtssa~o~d ~o~ ~oE~~uoo ~atTi~ puE gaunEZO ;o uOT~EZT~Ou~nE asEa~oul ~ 00'000'Z9 $ (uoi~on~~suoo + ~S) ~ouabuz~uoo azi~ou~n~ ~ 00'ZT9'Z~Z'T$ ;o ~uno~E aq~ uz ~uEd~oO puE sE~ogy sno~E~ o~ T# ~ap~o abuEgo puE Z# a~EU~a~TE '~aE~~uoo uoi~ona~suoo p~EM~ ~ :T~ounoO dq pe=~nbeg uo~~o~ •papaau aq ~E~ ~Eu~ s~a~T ~aq~o puE X03 00'005'8T$ 30 uoiusno E anTb jjiM puE spaau ~ua~~no aq~ ~aa~ o~ spun; a~EnbapE Z 3o Z abEd T66T `SZ ~~En~ga3 ~~tZtoE3 buiuzE~y a~t3 • ~a~I Epuab~ Ztouno~~iO X03 ~sanbag apTno~d jjTM sTuy •~IgTjTOE,3 buTUTE.zy a.zz3 auq 3o uotgajdazoo uT gsTSSE oq spun3 asauq 30 00'000'SZT$ 30 ~a3suE~q spuaunuoaa.z 33EgS '05'Z9T'0£Z$ jEgoq sbuisojo ~CajjE puE gaa.zgs alo.z3 sanuana.z 'T6-06 ~3 X03 agEp oy •ao~nos buipun3 jELIOTgTppE auq sE sbuTSOjo ~CajjE puE gaa.zgs iuo~3 sanuana.z pajnpauosun 3o uozgE~aptsuoa buzpuaaluaooa.z si 33EgS '00'TLb'90T$ ~q (00'T~8'TZZ'T$) spun3 qua.z.zno spaaoxa (00'ZT£'8Z£'T$) uoigEZi~ougnE pagsanba~ auy 00'ZT£'8Z£'T$ 00'000 Z9 (uotgonzgsuoo 30 $5) ~iouabuiquo~ ~ 00' 000' 8 $ buTgsaq jEi.zagEL1 ~ 00'o0L'ST $ sasuadxa but.zaautbua jEUOZSSa3oia ~ 00'ZT9'Z~Z'T$ T~` aap~o abuEuo puE 'Z~ agEU.zagjE ' goE.zquoa uotgan.zgsuoo p.zEM~ ~ :sMOjjo3 sE uMOp uaXo~q st quno~uE gEuy • ~Couabuiquoo uoigon.zgsuoo $5 E puE buTgsaq jET.zagEal .zo3 apTno.zd ' T~ .zap~o abuEuo ugTM pagETOOSSE bLIT.ZaaLITbLIa jEUOigippE apino.zd 'goE.zquoo uotgan~gsuoo auq p3EME oq pa.zznba.z si 00'ZT£'8Z£'T$ 3o uoigEZt.zougnE jEgoq E q.zo33a sTuq 3o gjnsa.z E s~ • spaau .zzauq gaara jjir~ gaaCo.zd qua.z~no auq gEuq uoiuido .ziauq passa.zdxa anEu squautq.zEdaQ aoTjoa puE a~i3 auq agog •gonpo.zd ~TgtjEnb E butpino.zd jjtgs ajiuM uMOp goaCo~d auq 3o gsoo auq bui.zq o} '.zogoE.zquoo pasodo~d auq puE squEgjnsuoo ugiM buixzoM '33EgS dq~0 1~q papuadxa uaaq sEu q.zo33a ajgE.zapisuo~ •goaCo.zd auq 30 ~CgtjEnb .zo adoos auq buibuEuo djsnoi.zas gnougzM p.ZELrIE goE~gLloa uoTgon.zgsuoo auq 3o qunot~E auq aonpa.z oq sEri suotgEigobau asauq ui anigoaCgo auy ' 00' ZT9' Zi~Z' T$ 3o goE.zquoo uoigon.zgsuoa E uT gjnsa.z pjnoM 'pano.zddE 3T 'uOTuM (TAE .zap.zo abuEijO) p.ZEME pig pasTna.z E pagETgobau .zajjiy~ puE uounEj~ puE ~aauibuS ~igt0 'butuuEyl jjig 'ajgEjzEnE spun3 ugTM aLITj LIT SgS00 LiOTgon.zgSLi00 bLiT.ZQ Oq gdI¢agqE LIE tij '00'000'050'T$ 3o ajdioui.zd puoq jEUtbt.zo auq uo pau~Ea gsa~aqui sapnjaut goTgM 00 ' T i~8' T Z Z' T $ jEgoq qoa Coed auq agajduloo oq ajgEjiEnE spun3 qua.z.zn~ 'L86T .zagogop ui uogEap puE xaEjg ~T3 ubisap auq Rq pa.zEda.zd sEM 00'Z58'6T6$ goaCo.zd auq .zo3 agEUligsa uotgon.zgsuoo jEUibt.zo auy 00' i~8£$ Z agEU.zagj~ PPrd 00'OLT'T$ T ageu.zagj~ PP~I 00'08b'Z6£'T$ pig aseg • duedazo~ puE sEUlouy sna.zEy1 ~[0~3 sEM paniaoa.z pTq gsarioj auy •~TgijioE3 buiuiE.zy a.zi3 auq X03 pauado a~ar~ spiq ' T66T ' L dzEnuEr up NOIS~TQN3~IIdO0iI~I 3 ][118 tt.ZEUIUInS PTS pTQ jELiTbT~O Oq SuOTSTAa.Z g3E3Q T66T 'OZ diEn~ga3 pa~Ep 'E.za.ziag ' y q~ago2l Oq T jaMOa • Z • g puE ulEuunQ uuor ~uo~3 oulays ' T 6 6 T ' O Z dzEn.zga3 pagep ' E~a~.zag • y q~ago2l oq PjaT3uogT'I 33ar PuE su.zaor uuor uzo.z3 o~uayl aouEUtp.zp uotgnjosag .~ '£ 'Z 'j :SgTQTuX~ q.zodag XXXX qua~u ojanaQ gtununu[o~ :quaulq.zEdaQ uiuuEy~ jjzg :egg pagsanbag T6 5Z Z :pagsanbag agEQ Epuab~ .~ SI ~rarr.~o~r ziortnoo ][ZIO tio~ saga ~x ~y~ra .zabEUEy~ E.zaasag ' y apue ~ T~ounoO ~~O so; pesos ~ ON - Six X :ajgEjtEn~ spun3 TO ~ 6Z0 Puna :sagamx ~unooa~ (pasinba.z auoH) aaggO buT3ELj$ anuanag jE.zattaO ~uau[ano.zdu[I jE~TdE~ g .za~Er~a~sEly/.za~EM pun3 jESauaO ~~ :spank ;o ~~~T~RaT~aA~i 00'Ti~8'9i~£'T$ 00'000 5ZT (sbuTSOjo ~TajjE ~ ~aasgs) pun3 jE.zauaO 00'ti~8'TZZ'T$ pun3 puog uoi~EbijQO jE.zauag 686T :saosnos butMOjjo3 aq~ utos3 papino.zd aq o~ uot~EZi.zou~n~ jE~oy aq~ .zo3 butpun3 00't~8'9i~£'T$ spun3 pazi.zoq~n~ jE~oy 00'6Z5 8T sasuadxa pajnpagosun ~ 00'ZT£'8Z£'T$ jE~o~gnS 00'OOL £Z~` buT~sa~ jET.zagEaz puE.buzsaauibua jeuozssa3osd .zo; goE.z~uoo aajjty~ puE gounEj' 3o uOT~E2T.ZOL~~nE asEa.zaul ~ 00'000'Z9 $ (uoT~onsgsuoo + ~5) dauabui~uoo azi.zou~n~ ~ 00' ZT9' Z~Z'T$ 30 ~uno~uE aq~ ut ~uEduaoO puE sEatogy sna.zEy1 0~ T# .zapso abuEgo puE Z# a~EU.za~jE ' ~oE.z~uoo uoi~onzgsuoo p.zEMy ~ :T~oanoO dq pss~nbsg ao~~o~i • papaau aq tCE~[ ~Eu~ su[a~T .xatj~o tTuE so3 00 ' 005' 8t$ 30 uoigsno E anTb jjTM puE spaau ~ua.z.zno ai;~ ~aatu o~ spun3 a~EnbapE Z 3o Z abEa t66t 'SZ ~sEn=ga3 d~TjTOE3 butuiE.zy a.zi3 ~ ucagi Epuab~ jiouno~dgTO .zo3 ~sanbag • • CITY OF LA PORTE INTER-OFFICE MEMORANDUM T0: Robert T. Herrera, City Manager FROM: John Joerns, Assistant City Manager Jeff Litchfield, Director of Financ DATE: February 20, 1991 SUBJECT: Awarding of Contract for Fire Training Facility On January 7, 1991, the City of La Porte opened bids from pre-qualified contractors for the construction of the Fire Training Facility. The lowest bid meeting specifications was from Marcus Thomas Co. for a total amount of $1,392,480. The amount of Bonds that were sold for the project were $1,050,000. Because of the vast difference between the expected amount available and the amount of the Bid, Bill Manning, City Engineer, worked with the proposed contractor and revised several portions of the bid. Through his efforts, he was able to reduce the amount of the bid to $1,242,612 without seriously changing the scope or quality of the project. As a separate review, we looked at the funds available for the project and found that we had $1,213,841. A detail list of the items we need to budget in order to complete the project is listed below. Construction Contract $1,242,612 Construction Contingency 62,000 Valuation Engineering 15,700 Material Testing 8.000 Total 1,328,312 As you can see, we need $1,328,312 to complete the project and only have available $1,221,841. Funding of the difference of $106,471 provided us with the opportunity to become creative in our financing efforts. We reviewed available funding sources and arrived at two possible choices for funding this difference. The first was the sale of additional bonds that were approved by the voters in 1985 for street projects. We currently have $500,000 in bonds that we can sale. The only negative that we have with this method is that it causes us to incur additional debt. •papaau aq ism ~Bq~ sma~~ .zaq~o bus ~o~ 005`8Z$ ~o uo~gsno s sn an~S ZZ~M pus spaau ~uaazno aq~ ~aam o~ spunk a~anbaps sn an~g ZZ~ty s~qy •~C~~T~os3 ~u~u~8~y az~g aq~ ~o uo~~atdmoo aq~ u~ ~s~sss o~ spunk ~0 000`SZZ$ az~Z~~n are ~sq~ puammooa~ am `pa~a~pnq you s8r~ go~gr~ `OS•Z91`0£Z$ sts~o~ s~aija pus s~aa~~s ~o aTss aq~ mo~~ sanuana~ aq~ pus ~q~Zsaq s~ pun, ZB~auaO aq~ asnsoag •sn o~ uo passed aq pZnoin goigM asuadxa jsuo~~zpps m~q asnBO pjnor~ ga~gr~ s~uamaa~Ss asoq~ a~si~oBaua~ o~ ansq pZnoM ag •~oaCo~d aq~ u~ ~s~sss o~ s.zo~osa~uoo-qns snoz~8n moz~ s~uam~immoo pan~aoa.z ssq zo~osz~uoo aqy •~oa~ozd aq~ pa~CsZap aM ~~ do o~ pjnor~ ~oa~o~d aq~ ~o ~soo aq~ ~eq~ ana~jaq aty `~anarroq `os gu~op u~ malgozd s ansq you ~Tgsgo~d pZnoM pus ~o~os~~uoo aq~ q~~M s~Csp 0£ Zsuo~~~ppa us ~oa~ozd aq~ Su~pua~xa ~o ~C~~Z~q~ssod aq~ passnos~p ansq aM 'T66I `L go~eyi I~~un pooh sZ ~o~os~~uoo pasodozd aq~ ~Cq papznozd ssr~ ~aq~ p~q aqy •u~~sap aq~ a~usgo o~ aq pjnoM ~aq~an~ s~soo aq~ aonpaz o~ ~CBr~~CTuo aqy •spaau z~aq~ ~aam IZ~r~ ~oa~ozd ~ua.z.zno aq~ ~sq~ uo~u~do z~aq~ passa~dxa ansq s~uam~~sdaQ aaZjoa pus a.z~3 aq~ q~og •~onpo.zd ~C~~ZBnb a ~u~p~noad Zt~~s aZigM ur~op ~oa~o~d aq~ ~o ~soo aq~ ~u~~q o~ .zo~osz~uoo pasodo~d aq~ pus s~us~Znsuoo q~zM ~utx~oM `~~s~g ~~~0 ~Cq papuadxa uaaq ssq ~zo~~a aZgB~ap~suo0 uo~snZouoO •~C~iO aq~ ~o~ ~oa(ozd js~~d8o s o~u~ xosq s~aZjB pus s~aa.z~s ono ~o ajss aq~ moat an~aoa~ aM ~8q~ spunk gu~tauusgo ~o sau~jap~n~ ano sMOjjo~ ~I •poq~am ~u~pun~ paz~a~azd ono s~ poq~am s~qy •~oa~ozd aq~ xo~ papaau ~unom8 ZBUO~~~pp8 aq~ punk o~ s~ajZs pus s~aaz~s ~o ~u~soZo aq~ mo~~ spaaoo~d az~Z~~n o~ sari paria~na.z ao~nos Su~pun~ puooas aqy 3~ I HO 32i I 3 ~LN~iSS I S WKHNt1Q ' 0 N O _ ~ ~ 33IH0 30I'IOd 'I'I~MOd ' Z ' S ' TzoT~.~nz~SU0~ .z0~ pTq at~~ ~uTp.zEM2 cj~.TM tuaTgo~d ou an~u pue sa~u~cto papuauiuiooa,z aq~. u~.zri ~.uauiaa~~~ uz a.zE aM • ~~~a..s ~uaur~..z~daQ a~i3 auk. Aq pano~ddE uaaq anEu suot~uoT~-rpoui pug sa~uEuo atl:~ ~o TT~i ' 1C~.TjTO~3 ~ututEa~L a.zt3 auk uo s~.soo uoz~.ona~.suoo aonpa.z o~ srCEri ssnoszp o~ ' ~u-ruuEys TTTg .zaauT`du3 Ii~.TO Lj~TM suoTSEOOO T~.zanas uo ~auz an2tj aM 1~ZI'IIO~l3 ONINIT~is ~.?3I3 ~ s~~rans 3~ I HS 30 I'IOd -'I'I3MOd ' Z ' 8 '3 33IH0 32iI3 Z1~I~SSISS~L-W~iHN11Q '0 NHOr ~W02t3 2Z30KN~iW 1~ZI0-~3232t3H ' ~L Z2I3S0?i ~ OZ T 6 6 Z ` O Z 1~2I~1112i833 ~ 3ZKQ Wt1QN~OL~T.~:W 30I330-2i3~L[~I 3~1~~0 ` I~t3Ld~L?I~Id~Q 3ZII3 3Z2tOd ~t'I 30 AZIO 'a3nia~3a ~ . ----. ~ 00' LLO' tt $ : alts at{z zo e' d d C 30 ~~ d az I oz zza 30 ~aa3 OOOI utgztr+ e ' ,CztO uo paoetd aq ~Cew tetzazeW pa~eneox3 Ot 00'LS8~8 $ :yoaa~lS uotzoaS ssoz0 ~utned ztetidsy ' ~?~ ~ pat~oe~~e at~~ zad se ~utned ~tet{dsy ~CtddnS 6 00'9t9~£t $ ~£-XS Pus t-XS sat~o~axs ~~ f taznzonzzs ut uot~dtzosap at[z zad s8 sJutpttng wing t(~oq zoo uotzepun03 ~Ctddng 'g oo'ooo s $ :s~uawnoop teut~tzo at;~ uo /~ ~ zoI patteo se ssauxatt~z awes aq~ utewaz SgEt$ 9UtttaO puE ~OOg az0[~j ' £-)jS pUE Z-xS 't-XS sat[o~axS teznzonz~S PagaE~le aaS 'stteM ~CzuoseW ~o Hatt ut sSutpttng wing t~~oq zoo stteM aoetd-ul-~se0 ~CtddnS 'L 00'879~7t $ :tlo~axs pagos~~e aaS (J" ~ •a~uEg to~std at;~ ~e dutned ~tegdse a~ataQ '9 , /1 00'720 tt $ :go~axs pat(ae~~e aaS •~uawaned a~azouoo 3o uot~onpaz tau a ut s~tnsaz stt~y t;o~axs pagae~~e at~~ zad se ~no~Ce7 ~uawaned azazouo0 at~~ a~uet~0 ' S 00'LSS'6t $ :go~axS uotzoaS ~uawaned ~~{ ~, azazouo0 pat(oe~zE aaS '~uTAEd a~azouo0 ' ut ~utozotutag taa~S 30 ~C~t~uenb aonpag +7 ~ 00'091 L $ ttozaKS uotzoaS o~ ' ~~ „L ~uawaned a~azouo0 pac~oe~ze aaS „g wozd ssauxott~Z ~utned a~azouo0 aonpag '£ ~ sod ~aoddns t~oEa ~E s~~Et[S /1 pat~oe~~e aaS a~azouo0 zazawetQ , b ~CtddnS pue zat;o~e0 zat~oootg zoo ~ut~oo3 snonutluo0 azataQ 'Z 00'77£~8Z $ ~go~axs pat~oez~e at(~ aaS 'uotzoaS ~uawaned ' ~,~ /~ a~azouo0 woz~ aseg atgtxat3 „9 a~ataQ t NOI,LOflQ3Q J,S00 S,LNgW.LSC1CQd 30 NOIZdI2i0S3Q ~I2IOH 30 3dO0S 'IVNI9I~I0 3IiZ 30 SJ.N3H.ZS(]1'QV OZ 3t1Q ' ONI `ANVdI~00 QNN SVi~IOELt Sl]02idi1 ]CS QIg 'IVNI9I~I0 OZ SNOIZO(iQ3Q ]~.LI'IIOV3 9NINIV~LL 32iI3 3Z~IOd ~I 30 7~.LI0 y~(I10VyLd t 6- 8 t- Z ~ 3J.dQ 'A370 'WWOO 03AI3i ~~ ~~ ~i , ~~ ~/ ~~ ~~ ~~ ~~ ~~ ~~ ~~ 00'SZS $ :s~ut~eo~ ~Cxoda 3o Hatt ut a~usg to~std ut swoozlsaz ~e taweug xaae~ ~tt~Czoy Pus ttt3 xooiq asn '6Z ~ 00'000'E $ :paq~e~~e ~Cdoo t6-ht-Z !'\ X ' ouI ' zatltW '4 uounst0 0~ sewot~Z sn~zsW moz3 za~~at aouaza3ag •autt ~C~zadozd q~nos aq~ 30 ~ssa ~aa3 OSZ atod a~tnzas :asst{d at~uts 'ton O~iZ/OZt s 30 ~ut~~as pasodozd s,•d~g•-~•H ~aaw o~ ~no~Cet t8otz~oata 1sn~P'd 'ZZ /~ 00'OOt~t $ :tsnozdds s,a~zod 8-~ ~o ~~t0 ' ~aaw o~ atnpaq~s azn~xT3 ~uStt a~euza~ty tZ 00'ZS*1't $ :std ~sa~ zadwnd ~a anooz~ pawzo~ aptnozd pus sanooz~ ~uetd dogs uozt ~sso a~ataQ 'OZ ~ 00' 0*19 ~ t $ ~ " Qlag~ d : sza~utz~s zteas ~e stauusq~ ' asn tszn~onz~s ~o Hatt ut tauusq~ zotun~ '6t 00'079 $ :szappst ~8 sdunz punoz „*7/E pus SttEZ apes zsq ~st3 asn '8t ~ 00'8t£ $ :spzettoq Paztusnts~ „8 ' ~o Hatt ut spzettoq adtd paztusntsd „q asn Lt 00'OZ9'Z $ :a2usz to~std auk ~s sat3~sq at~~ ~zoddns o~ adtd ~uoz~s sz~xa 3o Hatt ut adtd pzspus~S asn '9t 00'SZ6~L $ :uo~axs pauos~~s aq~ zad se •~ptg wing ' ~Czo~s-t~tnw aq~ ~s auttza~sM aq~ tte~sul St ~ 00'009~t $ :a~s~ ~utptts ~o Hatt ut sa~s~ tsuotluanupo asn pus (uot~ua~ap got ~utxzsd 1tst~dss ~o go~axs aas) dutnsd ~tegdss ~s a~ua~ xutt utsuo ac~~ a~ataQ •+~t 00'ZSZ~£ $ :golaxs tezn~onz~s ~ pac~os~~s zad ss aSusg to~std atl~ ~s ..8 0~ stisM ~utute~az ~otq~ ~~Zt aonPali '£t /~00'008~Z $ :s~zasut papeazu~ ' 3o Hatt ut s~toq ~ttMx ..h x ..8/6 aPtnozd Zt 00' 7Z6 ~ £ $ : ~C~aztlua ~ zta~[1 uT S~uT~eOJ snot~uawao a~ataQ •a2usg to~std ~g sttsM IWO uo tawsu3 xa3e•t ott~Cz~d Pus ttt3 x~otq aanltlsgnS 'tt NOI.LO[lQ 4 .LS00 S,LN3WLS(1CQd 30 NOIJ.dI210S3Q iavaa • 3'Iyly 1N~Q ~-S7~C/~ aw~N a~yNlaa r ~ o - ' Lr ~~ F/ \~D •ouI '~Cusdwo~ pus sewo~~y snozeW ~o anj~e~uasazdag 3yHa (3~in.L'dN9I S ) i ~/ /~ •~oa~ozd ~CzjjTOe3 9ujujezy azt3 s,azzoa eZ ~o ~zt0 a~{~ zoo szuawnoop ~osz~uoo aq~ ~o azsd awooaq jjjM ~uaumoop sju~ ~ec~~ poo~szapun zaq~zn3 si ~I • s~Cep z8puajeo anj~noasuoo OqZ st awjl ~osz~uoo ptq aqy •(wzo~ ~ujMazp out end pue paut3az aq jjtr- sagolaxs asagy) '~uawa~s~s sZg1 0~ pagos~~e azs gol~iM sa~[o~axs jezn~onz~s auk uo paseq aq jjjM u~jsap jezn~onz~s auz 30 u3jsap-az aqy •panssj-az pus pau~jsap-az aq jjjM s~luawnoop pjq jsu~~jzo at~~ ~o s~ujMezp jeznaonz~s aq~ ~etL1 puszszapun pus aziudooaz osjs I 00'78£ :Z-~1 anj~suza~jy anj~zppy 00'OLj~j :j-~I ani~euza~jy anZZjppy 00' 08+~ ~ Z6£ ~ j$ :P?S assg je~oy :`dutaq pzq zscLy ' j66j ' L ~CzsnusC uo alzoa BZ ~o ~~ZO aq~ o~ pa~~twgns ptq atLz o~ '~zsd uj zo je~o~ uZ zaq~ta 'suoizonpap ~soo pus s~uaw~snCpe anoge atLz azZZOgzns ~Cgazau j 'szozosz~uo0 jezaua0~ •ouI '~Cusdwo0 pus s8wogy snozsw ~o ant~s~uasazdaz pazZZOq~ns us sy lg~ Z° b L ~ ..__~n~u~sj~" :a~ysl~L sHOlyona~a 30 -Leroy ~~( ~`00' BZJ+i $` : sauijzazeM „x„ ad~y 30 nail uZ sauijza~eM zaddoo „Z„ ad~Cy azjjtzf1 'SZ /~ 00'OS6 $ :jsnozdds s,azzoa eZ ~o ~zj0 ~/~ / ac~~ ~aaw jjzM s~uawzsnCpe jje 'xsnp ze uo /` s~c~dij uzn~ oa sjjaoo~ocLd jez~azut anew jjzM saznlx'[~ jje 'jaued jeojzzoaja ~sasojo aqz woz~ wagz paa~ o~ sazn~xj~ pus sajod Sut~q$tj a1ZS zoo `~uTZZM jeotzzoaja ~snCpy '7Z NOIy0na3 yS00 SyN3W.LSQCad 30 NOLydIa0S3a 00'000'5 00.000'L 00.OLT'6ZL'T oo•ooo'T o0•oo5'z oo•0oo'S£s'T 00'x'8£ 00.OLT'T 00'08i~'Z6£'T Z-~d T-K PTg asEg '~TK '~jK tE~os PPrd PPK - s~aautbu~ oay-~ O ~ Z EgELtE~ / sSEj'~-MEd$ 0 ~ Z ' o~ ~ sEiuogs sno.zEy1 S EQ ' jE~ 30~~E.Z~LIOQ auzis xsizi~~ra oxixi~s $xi~a oxix~tao ais T 6 6T ' L ]~~LIINKL' ~ ~ Zi'39~'DI~'W 1~ZI0 ~Z~'Q ~12I'3~I2I'3H Z Z~I'3S02i b'QHd9~ 'IIOl~if100 ~ZIO ~I03 Q3A02Idd~ OH Sd1~ 2I'3HZ0 3'Ifl~'II~A~ SQHfLI QNIfL~ 1~.LI'IIZfl ~I'3gWl1H Z1~If1000E7 aru~3 ~nr3rr3o SQHtl3 30 1~ZIZIS~d'IIf1Af1 '00.005$ 3o ssaoxa ul spun~a.z ano~ddgslp ~o anozddy ~'IIONf100 xg Q~~IIIIb~~I HOIZO~I •09.189$ sl suaMO uaZTg pus •g ptguog o~ Pug 95'695$ sl uosxogr •H sam8r o~ pun3a~ aq~ ~o ~unoms atjy •~poq ~uluaanoS aq~ ~q pano~ddg aq 00'005$ ~o ssaoxa ul spun~az ~gq~ sazlnba~ apo0 xgy ~~~adozd a~s~g auy •~uan~Cgd a~golldnp s ul ~ul~tnsa.z `0662 `Z£ ~zenusr pus 6862 `9 ~agmaaaQ uo saxg~ ~~~ado~d alaq~ pled suaMO uaj1~ ~ •g plsuog •~ua~Cgd a~golZdnp g ul ~ul~tnsaa `I66Z `+IZ ~Casnusr pus pZ ~C~gnugr uo saxg~ ~C~zadozd zlaq~ pled uosxosr •H samgr AIOIZ~'QH3WW00~2I QNIFI A2i~'YZY111S s~ua~c-ooQ ~ul~aoddnS ~SZIgIHX3 ~OAIE~HIQ2I0 HOIZfl'I053~I Z2IOd3II X aouguT3 ~o ~o~oa~IQ ZAT3WZ2IHd3Q PTaI~~To~l'I ~~af xg Q~ZSdAbdII 1662 SZ zgn~ga3 asyssnbsx syea ~art~oe I~T3ZI ~arr~oe 'IIOAIf1o0 ~.LIO xo3 ys~n ~ ~ ~ ~a,~-uoy~•w•d 005 oq •w•e OO:g ao~330 Xey oq satatnbut goaaiQ aauMO ~fgaadoad 3o aangeu8is ~~Suedwoo a8e~gaoy~ aauMO ~Sgaadoad ~xoq agetadoadde noayp •passaaoad aq ueo pun3aa a aao3aq•aoF330 xey agaod eZ 30 ~~ip ayq oq pauan~aa pue qno patjT3 ~SjagaTdwoo aq gsnw wao3 s~yy aagwnu ueo? •oo a8e~gaow 3o ssaapp~ ~Suedwoo a~e~gaow 3o aweN •r+oTaq sau~j ayq uF TT~3 `~Suedwoo a~e~gaow anon oq quas aq oq s~ q~ 3I •~Cuedwoo a~e~~aow ano~t oq ao (aauMO ~Sgaadoad ayq) no~C oq papun3aa aq oq sF pun3aa ayq 3~ ageu8~sap aseajd 'pun3aa s~yq ssaooad oy quaw~fed snoauoaa~ quaw~Sedaan0 quaw~Sed ageo~ZdnQ e 3o gTnsaa ayq s-~ pun3aa styy o ~ B ~ ~j ~_ 3 u Mo T aT _ uot~diaosap je ~ auto anp st ~"' ~c . ~~s 30 ~unowe ayq u~ pun3aa ~ ~,~ ~-~r}~ ~~Zl~ a e a Q ~, ~ bear/r ~J UPS / 0 ¢~ 0 Ol ~~ goon LO '1~ ~7~/ aea~ xey ~.,1 ~ c r~ ~3Z ~ .; ~ s ~~~ ILSLL svxal '3iaOd v7 • 4111 xoB O 'd • OZOS'ILV (61L1 3N041d ~i~od ~~ ~o ~sl~ • • ~ ?i~ ~..! ~~ 1~ E,., tar V #~ ~ ~ y '~ ~4~ti~ 1~,~~,~ L ~ ~ T 91~ t~~i /14 ~ 1 Y { f y ~ ~~ ~„ t ;~~ : a R 1 ~~ a' "y 1 ,f~jy, I :1lt'7 t ~~ .~~~ 1 .~ ; ~ ~ i~iSi.°b+ 1 C7 ~> I L~ ~~ ~~ G~ 9~B1 hP • Iasi ~Pr • °r•El ~~W • 911 'w • !•-6 '~aW • a,~ •qa~ :fatru 7r:~~stu1 Pua ,I11rwd o1 t~alano ave so,rel luan6 •ullaa 'ISl 'Q~d IuorFbupop aulooaq u1M Ol 'ter - '1~0 P•ILq slutwalY{~ >rvl lh 9 66' £L4 d3 tL' t19 iz poi ~n Sa ZL9 z~ Z01. 1~ 66~ hS9 £91 58 Ntl 09. £49 'JO #1 lY lz~ C£9 S9~ ~9 ad ze~ oz9 9z• 1S av .~-'~-~~Q A ~ b £ e 3 95; 695 Q[1 NY ~'~6~~ r : '~ OQ ~3 ~ 95; 69S ' pp no 9~ b95 ... Qq ~....r... . l~ '1N1 ~ . N,7dI~S14 __ Gv~J N .~S'd~4sr:........ ooRStltit~ o~~.ln~ •---Z~OQOpO£64E~O.~Ob~b ~-, ~~ ~ ~ ~ ~, C, ~laod V1 sHU~v aNV NOI,l.dIa:76BU atu~.,0u~ INO. OIYd ~i 1N3WlYd anon Ii~.iM Dani~Ni `1ST A1flP NO '1118 SIH1 O1 4~aaY ~e ~11IN ~9~ S1~Na011Y x£L `1YNOIlIQ4Y NY cm F,i,r3ivdxv 066E ~mvn ~ levxvt ° a>esYN3W '8 YI~IalYd .. O~~~OQ ' v+In ego y 1~ISIb .. ... am . .. _.__ ... .. -._._ -___.__ ......., _- l1p1J3"Ilb~/ UOSS35SV Xhrl . ~ _ - ~~- _ ~_ nQ Loogoo00o ~ , d, ~ l;i ~i .1~, „~a,ui,~a,. ~ ) •~ , , ~. utUb rCvtlC jNUrl,! •;rrlususvxJ,•eln;o,IVI•Sluxn9od O~g ~~ am ., ~ ~_,,, L - ~ ; [` .I i , . en nds~ccv ~, ~a ~r r a r w~i ~il rru , 1 ~ ~.I.?~O~ ~'7 ~Ca A.I.[ £0 'd 8911 t LG£ l L 'ON Xd.~ H,L80d d~ .~0 A,>,10 6 l ~ L i fIH,L l6-£ -Ndf ".,~' r~,,~ -- ---- - °,bs '~aW . ^/oL 'qad salad •lQa~alul Pue Apauad o oa ns ~ W " g6ll .Jdv ,,a ._ , -WhQ 7Sl '4ad luanbu a awooa 1 1 Iq ~o ~axrl luanb - -~.~ ~ ~~ _ II p Q IIh! Ol 'uur - •1~0 Palll4 ~tuawalelc xul ' ~• ~~-.- ~ r.` .__$ . - -- j ------- ;;~II; -- H '' L ~_ Cl y ~ 3 Al , M ,~ ! ~ ~~~ ~~ ~llJt/OIl~-i-t~~S3U ~1~i3~iCltid ,, ,. -- i ~ ~ ;.rc'r ~~ S~~~Ir Q.G 1N~~'i~lbG ~Ill)l. l111, .:Jfl"iJ.:I ,„ _ ~_ . . •~1~31y;b01 l - `- ~ 1 ~1 t.i L : Ci ~ v c Dols r,~d aJ.vt~ x'vF J ~ ~ y wNiva ) si ~ (1 Lr..., 7 ~f ~ (~ ~~ I 3il'1Vn 3lF]VXVi G ( 'r -t '- ' : v~ ~jl 7 ~. b'~_ j, tl 1; ~',-f' •~wlwisse~.o ~NI r ~~" (II1 i y r ~ _ : , i I ~.1 .. , ~ • ~ f 'f C C~ ~ 4 ~, ' - r,m.~:L.11 varps„ tr, COY 7 N __ ~'_j...'~__ d 1 f~ _. r I ~t~ _ ' ~ ~'~ :' d01~31~0~ / bOSS~SSV Xdl ,~ .~, l~ ~, ,iC1'J30 ~~nlvn~ u> i 1 ~ - -- j '' ' r{' ~ ~ o Y ~ ill ~~ ~'~ 1 . 1 ~ li ~ ' 1.1 ~ 7lJ l ~ .J ! ~a,:,~ ~ {)1 ,N v f I ~ it ~ ~ __~ -- - ` ,, , ~r l i.: Ili . ! r' i :~ ~,1~.` .# . 1 i ~ cif- r 1 ~ '~O' ...,, °~ ~ i -,~ ,ma° ~ro5-1/Zi , ,~~ ~. 1 .. ;!.y i 'i d~, ~ '• ~1 ' 'X31 -31U(~ t .r~yQ~.,. mtld'dl 3n, ~ SSV UNV 13N ioppF u~ Hr ~,. ~ ~ ~nr, oas odw ' -~ ~ . i p.. ~ ' 4 .i ...., ~~~ ~dr~ l; ..,. ...f .. J • ~a,~-uoy~•w•d 005 oq 'w'e 008 aat330 Xe,L oq sazatnbut goaatQ aauMO ~fgaadoad 3o aangeu~ts D~uedwoo a~e~gaoW ~~ (~ aauMO ~gaadoad xdq agetadoadde ~oag0 •passaooad aq ueo pun3aa a aao3aq aot330 xey agaod eZ 30 ~Cgt0 ayq oq pauangaa pue qno paTTt3 ~Stagatdwoo aq gsnw wao3 s~yy aagwnu ueoZ __.. •oo a~e~gaow 3o ssaappy ~fuedwoo a~e~gaow ~o aweN - •MOTaq sautT ayq ui TTt3 `~fuedwoo a~e~gaow ano~C oq quas aq oq st qi 3I •~uedwoo a~e~gaow ano~S oq ao (aauMO ~Sgaadoad ayq) no~f oq papun3aa aq oq sF pun3aa ayq 3t ageu~tsap aseatd 'pun3aa styq ssaaoad oy ~0 quaw~Ced snoauoaa~ ar ~~ ~~ O-k'~ quaw~edaan0 fi4 ~~~a 3~~ Sroa' ~, quaw~Ced ageotTdnQ ~ e 3o gjnsaa ayq si pun3aa styy • n~>» - L ~-~uotgdtaosap teat ~utMOtTo3 ayq uo np st ~ ~.~ ~°~ 3o qunowe ayq ut pun3aa ~ _.__._ a-~~~ _ o~-~c~L ~ Boob '~ ~'?~~ ,~~ ~ ~(~~~ aea~ xey o, n: n~~ ~~~ Fj -~ ~u~~ - f V rn ~' ILSLL Svx31 '31aOd v'1 • ~<<< x08 'O 'd • OZOS'lLb (EILI aNONcJ _. a.... _ ~ _.. ._ ., ' 1 1 , 1 1 ~ ~ .. ' I -_. .~T .tt,j' i ri o n o;,t• un I~Y !tl , •~; - ~..~ t:,~Y - °n.L `4•~ :rcal~~ •la•lalul puo Alleuad of l~algn• p{a 4•zgl luar,b -~- _. ~ ;, ~ ? ,~ T y A (~ t~ .1 ~: -t~II~U 'Isl a~.~7~1~4 ~p awoo~4 IIIM 0~ 'll~r __I~O PdlllQ t~uawalols x~l < i~ r .. n/~' ~*' •~• ~ ~ .1 :l,~. Qd~ V•I ~~j. ( alli 0l : I I'~ )C~r ~ .''. li ~j'. I --- -S3lfJ~ NOlldl .-.-~_ii_ ------ ---- e, _ 'r t 1 i .,. ~~ ;b'JI~Yf~` ~6~O1. MO QIr'd ~I.:,•~_N3WAVd anon H1IM ;an~Jr,I ` ~, U '~~ N3'1:'13;;'~ d a-ItiNo~~~ SN~na •1S ~ ~'In~ NO lll6 SIHI G1 u?UOV 3H •~. - ~ ~f~,~;: - I`' '1lIM 33j SII,~NnU,l1V XSt '1wrICIlIdoa ITV .~• ' y; ' . ----, _'t, Ltd 2~ ~£~ bas .\~oA~~'~Q~,:• w,tsti3da.lv~xvl t~<.CL •~ l~ L l 9 ~~• ~ ~ ,~ ~,. C1211,1~ . a l - w _ _ _.~S~,LL1!^•~t1fYY-- 3t17VA 3lUV%VL J ~tf ti ~/ I 1 P ~S .7~,~1 4 Z `` 1 n ~ '_`~-IIr wvwi in,rasuia ui ~~~...a ~ ~ ' - - - --- 7 1 i S J L I I ' ~! Gt ~ z ~~ '~ N i l l . ~ C)~3• (;1~1-( ~ .. wnaltwl,~S+we,. : U 1.. .:il ll • V' a a ~ l $ ~ ~ v i~ 11 J I ' ' _ ___ _ _ _ _ ~'i C'i~. QSA 'c4}~, A~/. Qd~~~I[____-- o,uslr«»,ivum,~re~ !101031100/llOS53SSVXV.1----- '~ 9 S L j Ji 7 L, i 4 d V ',!,p Q~ Q z l 3f1lVA lV I Ul ~,.~ -- ,.ti ~7L ~ ~ ~ ~~ ~.QI<I~ ,.b c;, - -•--- --_ -l. .'Itoo~no><o~~ ~, ,1e~ll•.. , ; -d y 4 ~ F D ~ ,uvM ~, 'i t. ~ ~ u ~ Q.4~ 17 ~'/ ~ Ff ~~ ° ~' ~ ? ~ >, ~. .~I,rwau'~i t oas•ICV tte 3NUil.i t S !l-I LSLL SVii]l ~.)1 G„J Vl • ;lll NJkJ OJ ',fA~y • 1 • 1NL9 N3d/ Io ..w a' n 11:x3. $3s:,v ONV 13NtJwry %UUl -,.ale f ~ _-L-_~ ~l7' [^^[wi .. I Y ~ )y 1 I ~ t'a t. ,r :.tea r ~•i ~ j+~.un• li 1. l~ ~ ~) ~.a G L•..»er . 7~..~ ~ 1 r ~ y ~ i ~ ~ ~ ~~,4 ] (~ ' [ ~ 4 ~ ~1 .•• E \ ~- UI I T1J5 ~_ 'Dd W 171 ~ -1I ~ ~ •~1 < / ~ 1 ~~y~~.~~~~