HomeMy WebLinkAbout1991-05-06 Called Regular Meeting.p
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MINiTES OF THE CALLED REGULAR MEETING OF LA PORTE CITY COUNCIL
MAY 6, 1991
1. The meeting was called to order by Mayor Malone at 6:05 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,
Assistant City Attorney John Armstrong, City Secretary Cherie
Black, Assistant City Manager John Joerns, Director of
Community Development Joel Albrecht, Director of Public Works
Steve Gillett, Purchasing Manager/Human Resources Manager
Louis Rigby, Finance Director Jeff Litchfield, Director of
Parks and Recreation Stan Sherwood, Acting Police Chief Tom
Neely, Fire Department Supervisor John Dunham, City Engineer
Bill Manning
Others Present: Justice of the Peace Molly Manness;
Councilman -elect Robert Thrower and Mrs. Thrower; Mrs. Doneva
Cooper; friends and other family members of Councilman -elect
Thrower; John Black, Bayshore Sun; 10 citizens
2. The invocation was given by Councilperson Porter.
3. Council considered approving the minutes of the regular
meeting of Council held April 22, 1991.
Motion was made by Councilperson Skelton to approve the April
22 minutes 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. Council considered approving the minutes of the emergency
meeting of Council held April 27, 1991.
Motion was made by Councilperson Cooper to approve the April
27 minutes as presented. Second by Councilperson Porter. The
motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Matuszak,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
0
Minutes, Called Regular Meeting
La Porte City Council
May 6, 1991, Page 2
5. Canvass results of the City of
May 4, 1991, declare winners
1753, give oath of office and
La Porte General Election held
by adoption of Ordinance No.
seat Councilmembers.
Council canvassed results of the election. The Assistant City
Attorney read: ORDINANCE 1753 - AN ORDINANCE DECLARING THE
RESULTS OF THE ELECTION HELD IN THE CITY OF LA PORTE ON MAY 4,
1991, FOR THE ELECTION OF MAYOR; COUNCILPERSON DISTRICT 2; AND
COUNCILPERSON, DISTRICT 3; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
The ordinance declared the winners to be: Mayor - Norman
Malone; Councilperson, District 2 - Mike Cooper;
Councilperson, District 3 - Bob Thrower.
Motion was made by Councilperson Matuszak to adopt Ordinance
1753 as read by the Assistant City Attorney. Second by
Councilperson Porter. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Matuszak,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
Judge Molly Manness gave the Oath of Office to the two
incumbents and the newly elected councilmember, who then took
their places at the Council table. A Certificate of Election
was presented to each of them by City Secretary Cherie Black.
Former Councilperson Ed Matuszak addressed Council, relating
his best wishes to Mr. Thrower and expressing his pleasure at
having served for nine years as District 3 representative. He
felt many accomplishments had been realized during his tenure.
Councilmembers then wished Mr. Matuszak well and thanked him
for his diligent service to the City.
6. There were no citizens wishing to address Council.
7. Council considered a resolution authorizing the City of La
Porte to participate in the coalition of cities for the
purpose of investigating, evaluating, and presenting evidence
in regard to the proposed Houston Lighting & Power Company
application for increased rates.
Minutes, Called Regular Meeting
La Porte City Council
May 6, 1991, Page 3
The Assistant City Attorney read: RESOLUTION 91-08 - A
RESOLUTION AUTHORIZING THE CITY OF LA PORTE TO PARTICIPATE IN
THE COALITION OF CITIES FOR THE PURPOSES OF INVESTIGATING,
EVALUATING, AND PRESENTING EVIDENCE IN REGARD TO THE PROPOSED
HOUSTON LIGHTING & POWER COMPANY APPLICATION FOR INCREASED
RATES; AUTHORIZING, IF NECESSARY, THE INTERVENTION OF THE
COALITION OF CITIES IN ANY PROCEEDING BEFORE THE PUBLIC
UTILITY COMMISSION OF TEXAS IN CONNECTION WITH THE REVIEW OF
ANY RATE PROCEEDING INSTITUTED WITH REGARD TO THE PROPOSED
APPLICATION FOR INCREASED RATES; AUTHORIZING THE CITY ATTORNEY
OF THE CITY OF HOUSTON TO REPRESENT THE COALITION OF CITIES IN
ANY PREFILING DISCUSSIONS AND IN ANY PROCEEDING BEFORE THE
PUBLIC UTILITY COMMISSION OF TEXAS IN REGARD TO THE PROPOSED
APPLICATION FOR INCREASED RATES; CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson_ Gay to approve Resolution 91-
08 as read. Second by Councilperson Porter. The motion
carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
8. Status report on East "E" Street interceptors and consider
authorizing staff to negotiate and execute Change Order No. 2.
Director of Community Development Joel Albrecht presented this
item. Several citizens had asked that changes or additions to
the East E design in order to lessen the impact of deeper and
wider ditches along the side streets. Mr. Albrecht presented
three options to accomplish this.
Motion was made by Councilperson Skelton to approve Option I.
authorize staff to negotiate Change Order 2. and approve
transfer of $30.000 from the 1989 G.O. Bond Fund to the East
E Street project to re-establish a contingency fund. Second
by Councilperson Porter. The motion carried, 9 ayes and 0
nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Skelton, Clarke and Mayor
Malone
Nays: None
Minutes, Called Regular Meeting
La Porte City Council
May 6, 1991, Page 4
9. Administrative Reports
A. Mr. Herrera announced a joint workshop meeting on May 28
with Council, the Planning and Zoning Commission and the
Beneficial Uses Group.
B. There will be a special meeting of Council on May 14 to
approve refunding of bonds.
C. The SEED annual banquet will be held May 16 at the John
Ray Harrison Convention Center. Cherie Black will
contact Council members for their reservations.
D. Congratulations to Council members on their election. A
Council retreat, new Council orientation, and a meeting
with Councilperson Thrower will be held soon.
E. Art Story will be at the May 20 meeting to discuss
flooding problems.
10. Council Action
Councilpersons Sutherland, Cooper, Thrower, McLaughlin,
Porter, Gay, Skelton, Clarke and Mayor Malone brought items to
Council's attention.
11. There being no further business to come before the Council,
the meeting was duly adjourned at 7:05 P.M.
Respectfully submitted:
Cherie Black, City Secretary
Passed & Approved this the
20th day of May, 1991
Norman L. Malone, Mayor
ABSENTEE - DISTRICT 1
E L EC O N RESULTS PRECINCT 1 PAGE 1 OF 1
ELECTION:
CITY OF LA PORTE GENERAL ELECTION
MAY 4, 1991
PRFC 9991
T 43
Vol POSN COUNT
POSI
Norman Malone 2 35 1
Tom Barrett 3 7
Don Perry 4 1
4'
TRIM
ALIGN
AND
AFFIX
RESULTS
HERE
tI ; PH(', 4; 71) CP3202
nTGTRTf T 1
ELECTION RESULTS PRECINCT 1
ELECTION:
CITY OF LA PORTE GENERAL ELECTION
MAY 41, 1991
PAGE 1 OF
PREC 0001
T
143
VOTI, POSH
COUNT
POSIT
2
109 1
3
23
4
11
TRIM
ALIGN
AND
AFFIX
RESULTS
HERE
(A ; PAC 1,175 CP3202
to
Prescribed by Secretary of State
Section 65.014, V.T.C.A., Election Code
•
RETURN SHEET
(PAGINA DE DATOS SOBRE
EL RESULTADO DE LA ELECCION)
Pct. No.
(Num. de Pct.)
r
Authority conducting election
(Autoridad administrando elec 'on)
O
Date of Election
(Fecha de la Election)
S/9/
Type of Election
(Tipo de Election)
(?-Jf"
Name of candidate (or "For" and "Against")
del candidato) (o "A favor de" y "En contra de")
Office Sought or Proposition
(Puesto official solicitado o Proposition)
No. of votes received
(Num. de votos recibidos)
,(Mombre
/VUl2Ma+.+ 7g4/0Nc
To /3 ec A rl e 74
/0
1
Total number of voters who voted as indicated by poll list.
(Numero total de votantes que votaron segun la lista de votantes.) 14,3
1, the undersigned, the presiding judge for the above described election held at the above designated election precinct, do hereby certify that the above return
is a true and correct return for said election.
( Yo, el abajo firmado juez presidente de la election senalada arriba que se llevo a Cabo en el precinto electoral designado arriba, par to presente certiftco que los
datos de arriba son los resultados verdaderos y correctos de dicha election.)
DATED this the —4-- day of VA44f 19 .
�1
(FECHADA este dia de
,l9
(Juez
PI ArF THIS ropy IN FNVFI,OPF Wn I _. %AIUITr
ELECTION RESULT`S PRECINCT 2
ELECTION:
CITY OF LA PORTE GENERAL ELECTION
MAY 4 1991
PTGE 1 OF 1
' PREC 9992
T 23
VOTI POSN COUNT
POSIT
Norman Malone 2 23 1
Tom Barrett 3 0
Don Perry 4 0
Mike C oo Der 7 21 1
TRIM
ALIGN
AND
AFFIX
RESULTS
HERE
('('i PFW, 4'71) CP3202
ELECTION RESULTS PRECINCT 2
ELECTION:
CITY OF LA PORTE GENERAL ELECTION
MAY 4, 1991 PREC 0002
T 127
VOT' fOSN COUNT
POST'
rie 2 87 1
3 31
4 8
7 107 1
PAGE 1 OF 1
TRIM
ALIGN
AND
AFFIX
RESULTS
HERE
( f f1W, 4/75 CP3202
Prescribed by Secretary of State •
Sectioq 65.014, V.T.C.A., Election Code
RETURN SHEET
(PAGINA DE DATOS SOME
EL RESULTADO DE LA ELECCION)
Pct. No.
(Num. de Pct.)
a
Authority conducting election
(Autoridad administrando la eleecccion)
Ct o ? b)- T-04t-,
Date of Election
(Fecha de la Eleccion)
s j q�q (
Type of Election
(Tipp ode Eleccion)
Q uerct-L EL,--c*(p J
Name of candidate (or "For" and "Against")
(hombre del candidato) (o "A favor de" y "En contra de")
Office Sought or Proposition
(Puesto oflcial solicitado o Proposition)
No. of votes received
(Num. de votos recibidos)
Ali�-1
Total number of voters who voted as indicated by poll list.
(Numero total de votantes que votaron segun la lista de votantes.)
I, the undersigned, the presiding judge for the above described election held at the above designated election precinct, do hereby certify that the above return
is a true and correct return for said election.
( Yo, el abajo firmado juez presidente de la election senalada arriba que se llevo a cabo en el precinto electoral designado arriba, por to presente certiftco que los
datos de arriba son(loss resfultados verdaderos y correctos de dicha election.)
DATED this the - day of 19 .
(FF.CIiADAestedia de 19
Presiding Judge
(Juez Presidente)
IN A1`r "Ile• o�^nv I►.t CNw1f1^or At^ 1 '4&1e1e9'r
AD0V TMVV _ nTCTUT0M i
ELECTION RESULTS PRECINCT 3
ELECTION: CITY OF LA PORTE GENERAL ELECTION
MAY 4, 1991
PAGE 1 OF 1
PREC 9993
T
71
VOTIN
POSN
COUNT
POSITII
Norman Malone
2
61 1
Tom Barrett
3
6
Don Perry
4
4
7
31 1
Edward Matuszak
Bob Thrower
8
37
TRIM
ALIGN
AND
AFFIX
RESULTS
HERE
("I ; f'f (" .1"11) CP 3202
n TQTDT0M Z
ELECTION RESULTS PRECINCT 3 PAGE 1 OF 1
ELECTION: CITY OF LA PORTE GENERAL ELECTION I
MAY 41 1991
PREC 0003
T 299
VOTI POSH COUNT
POSIT
Norman Malone 2 230 1
Tom Barrett 3 57
Don Perry 4 8
Edward Matuszak 7 102 1
Bob Thrower 8 192
TRIM
ALIGN
AND
AFFIX
RESULTS
HERE
(A ; PM, -1 "") CP3202
1 /-41 b / Returns (I M)
Prescribed by Secretary of State • •
Section 65.014, V.T.C.A., Election Code
RETURN SHEET
(PAGINA DE DATOS SOBRE
EL RESULTADO DE LA ELECCION)
Pct. No.
(Num. de Pct.)
Authority conducting election
(Autorid a » ,ando la eleccion)
J)
Date of Election
(Fecha de la Eleccion)
�--e/-11
Type of Election
(Z!Z2�
Name of candidate (or "For" and "Against")
(Nombre del candidato) (o "A favor de" y "En contra de")
Office Sought or Proposition
(Puesto oftcial solicitado o Proposition)
No. of votes received
(Num. de votos recibidos)
J
/9
Total number of voters who voted as indicated by poll list. �y
(Numero total de votantes que votaron Begun la lista de votantes.)
1, the undersigned, the presiding judge for the above described election held at the above designated election precinct, do hereby certify that the above return
is a true and correct return for said election.
( Yo, el abajo ftrmado juez presidente de la eleccion senalada arriba que se llevo a cabo en el precinto electoral designado arriba, par to presence certiftco que los
datos de arriba son los resultados verdaderos y correctos de dicha eleccion.)
P—
DATED this the q day of 19 L .
(FECHADA este dia de 19
rending Judge
(Juez Presidente)
nr Ar`r 'ru,r o-nnv r►r ror%m^nr ►rn 1 0. 1r'rrr
n uu W.K-OWW _ III C11.141!1-I1 a
ELECTION RESULTS PRECINCT 4 PAGE 1 OF 1
ELECTION:
CITY OF LA PORTE GENERAL ELECTION
MAY 4, 1991 PREC 9994
T 20
VOT: POSN COUNT
POSI
Norman Malone 2 20 1
Tom Barrett 3 0
Don Perry 4 0
TRIM
ALIGN
AND
AFFIX
RESULTS
HERE
(;[;; PR(" 11175 CP3202
ELECTION RESULTS
nremvTrm d
PRECINCT 4 PAGE 1 OF 1
ELECTION:
CITY OF LA PORTE GENERAL ELECTION
MAY 4, 1991
PREC 0004
T 76
VOTI POSH COUNT
POSIT
lone 2 62 1
tt 3 8
4 2
TRIM
ALIGN
AND
AFFIX
RESULTS
HERE
,'I PH(" •1, 5 CP3202
Prescribed by Secretary of State
Sectign 65.014, V.T.C.A., Election Code is
•
RETURN SHEET
(PAGINA DE DATOS SOME
EL RESULTADO DE LA ELECCION)
Pct. No.
(Num. de Pct.)
Authority conducting election
(Autoridad administrando a n)
Date of Election
(Fecha de la Eleccion)
Type of ctio
(Tipo de Elecc )
Name of candidate (or "For" and "Against")
(Nombre del (o "A favor de"y "En contra de")
Office Sought or Proposition
(Puesto official solicitado o Proposition)
No. of votes received
(Num./de volos recibidos)
_candidato)
�Y vY r2-i
(p
it A
Total number of voters who voted as indicated by poll list.
(Numero total de votantes que votaron segun la lista de votantes.) /
1, the undersigned, the presiding judge for the above described election held at the above designated election precinct, do hereby certify that the above return
is a true and correct return for said election.
( Yo, el abajo firmado juez presidente de la eleccion senalada arriba que se llevo a cabo en el precinto electoral designado arriba, par to presente certifico que los
datos de arriba son los resultados verdaderos y correctos de dicha eleccion.)
DATED this the —4L day of iz 1 t?i , 19 9
(FECHADA este dia de 19'a.' _(.�//yl.LJ �..1��•.�-."t�'�
Presiding Judge
(Juez Presidente)
PI Af F THIS f APY im rwrl npr meN 7 '%AIUtTr.
ARgPMTPV - nTgTRTrT q
ELECTION RESULTS PRECINCT 5 PA E 1 of 1
ELECTION:
CITY OF LA PORTE GENERAL ELECTION
MAY 4, 1991
PREC 9995
T
101
VOT
POSH
COUNT
POST'
lone
2
92 1
y
1 L
J
7
4
1
TRIM
ALIGN
AND
AFFIX
RESULTS
HERE
(-,f PFIC 1175 CP3202
If the election is for theAose of voting on candidates for office, ind*e the name of the office in the 1st column
and the names of the candidates in the 2nd column, allowing as many lines as necessary for each candidate as there are
votes cast in the election. If the election is for the purpose of voting for or against certain propositions, indicate the words
"FOR" and "AGAINST" in the 1st column and the various propositions should be listed in column two„ allowing as many
lines as necessary for the affirmative and for the negative on each' proposition as there are votes east in the election.
OFFICE
OR "FOR"
AND
"AGAINST"
CANDIDATES
OR PROPOSITIONS
5
10
15
20
25
30
35
55
40
45
50
F7-ILL
Y
7-77
'?r
•u
2
1
/ Cy
f♦
F40
d55
___
5
10
15
20
25
30
35
45
50
UiSTRICT 5
ELECTION RESULTS PRECINCT 5
ELECTION:
CITY OF LA PORTE GENERAL ELECTION
MAY 41 1991
Norman
er
1 OF 1
PREC 0005
T 252
VOTIh pOSN COUNT
POSITI
lalone 2 190 1
'ett 3 53
4 6
TRIM
ALIGN
AND
AFFIX
RESULTS
HERE
(:f FIBC, d/75 CP3202
1 /-41 b / Kcturns (t M)
Prescribed by Secretary of State
• Sectign 65.014, V.T.C.A., Election Code
0
RETURN SHEET
(PAGINA DE DATOS SOME
EL RESULTADO DE LA ELECCION)
Pct. No.
(Num. de Pct.)
ks
Authority conducting election
(Autoridad administra o la eleccion)
Date of Election
(Fecha a la Eleccion)
Type of lecf n
(Ttpo d Eleccion) _
Name of candidate (or "For" and "Against")
(Nombre del candidato) (o "A favor de" y "En contra de")
Office Sought or Proposition
(Puesto official solicitado o Proposition)
No. of votes received
(Num. de votos recibidos)
90
D
V D
,^
Total number of voters who voted as indicated by poll list. n ��
(Numero total de votantes que votaron segun la lista de votantes.) pad
1, the undersigned, the presiding judge for the above described election held at the above designated election precinct, do hereby certify that the above return
is a true and correct return for said election.
(Yo, el abajo frmado juez presidente de la eleccion senalada arriba que se llevo a cabo en el precinio electoral designado arriba, par to presence certifico que los
datos de arriba son los resuliados verdaderos y correctos de dicha eleccion.)
DATED this the --41— day of , 19 .
(FECHADA este dia de , 19
residing Judge
(Juez Presidente)
DI Af`G "IrUIC PAPV INN ^PR MA 7 %Ateli-rr
ABSENTEE - DISTRICT
(,F!.i PIli; 4/75 CP3202
nTgTRTrT A
ELECTION RESULTS PRECINCT 6
ELECTION:
CITY OF LA PORTE GENERAL ELECTION
MAY 4, 1991
PAGE 1 OF 1
PREC 0006
T
150
VOTING'
PosN
COUNT
POSITIOI
an Malone'
2
121 1
Barrett
3
25
Perry
4
0
TRIM
ALIGN
AND
AFFIX
RESULTS
HERE
1;f_:i PAC, 4'75 CP3202
res rib d by Se reta/
Prescribed by Secretary of State
Section 65.014, V.T.C.A., Election Code
•
RETURN SHEET
(PAGINA DE DATOS SOBRE
EL RESULTADO DE LA ELECCION)
Pct. No.
(Num. de Pct.)
*416i)90
Authority conducting election
(Autoridad administrando la el cion)
��foAk
Date of Election
(Fecha de la Eleccion)
Type of E ection
(Tipo de Eleccion)
Name of candidate (or "For" and "Against")
(Nombre del candidato) (o "A favor de" y "En contra de")
Office Sought or Proposition
(Puesto oftcial solicitado o Proposition)
No. of votes received
(Num. de votos recibidos)
O
/c�2- /
e
Total number of voters who voted as indicated by poll list. j
(Numero total de votantes que votaron segun la lista de votantes.)
1, the undersigned, the presiding judge for the above described election held at the above designated election precinct, do hereby certify that the above return
is a true and correct return for said election.
( Yo, el abajo firmado juez presidente de la eleccion senalada arriba que se llevo a cabo en el precinto electoral designado arriba, por to presence certifico que los
datos de arriba son los resultados verdaderos y correctos de dicha eleccion.)
DATED this the day of , 1941
v 1 .
(FECHADA este dia de 19
Presiding Judge
(Juez Presidente)
PLACE THIS COPY IN ENVELOPE NO. 1 — WHITE
ORDINANCE NO. 1753
AN ORDINANCE DECLARING THE RESULTS OF THE ELECTION HELD IN THE CITY
OF LA PORTE ON MAY 4, 1991, FOR THE ELECTION OF MAYOR; COUNCILPERSON
DISTRICT 2; AND COUNCILPERSON, DISTRICT 3; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, there was held in the City of La Porte on the 4th day
of May, 1991, an election for the purpose of electing a Mayor;
Councilperson -- District 2; and Councilperson -- District 3; all in
accordance with Section 8.10 of the Home Rule Charter of the City of
La Porte; and
WHEREAS, there were cast at said election for the following
listed persons the number of votes opposite their respective names:
MAYOR
Norman Malone 1,086
Tom Barrett 217
Don Perry 41
COUNCILPERSON -- DISTRICT 2
Mike Cooper 128
COUNCILPERSON -- DISTRICT 3
Edward M. Matuszak 133
Bob Thrower 229
as shown in the official election returns heretofore delivered by
the Election Judge and officials to the Mayor and City Council of
the City of La Porte and submitted to the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. That said election was duly called and notice
thereof given in accordance with law; that said election was held in
the manner required by law; that due returns of said election have
been made by the proper officers; that said returns have been
canvassed by the City Council of the City of La Porte; that said
election has resulted in the election of the following named
persons, to -wit:
s
•
ORDINANCE NO. 1753
MAYOR
Norman L. Malone
COUNCILPERSON -- DISTRICT 2
Mike Cooper
COUNCILPERSON -- DISTRICT 3
Bob Thrower
Page 2
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 6th day of May, 1991.
CITY OF LA PORTE
BY
`NdXman L. Malone Mayor
ATTEST:
4v
Cherie Black
City Secretary
APPROVED:
Knox W. Askins
City Attorney
•
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: May 6` 1991
Requested By: Knox W. AskinsW Department: City Attorney
Report x Resolution Ordinance
Exhibits:
See Attached Resolution
The City of La Porte has been a participant with the Coalition of Cities
in Houston Lighting & Power Company rate increase matters. The City of
Houston Legal Department has asked that the La Porte City Council pass
the attached Resolution, which it will file with the PUC, to document
the City of La Porte's participation in the Coalition of Cities.
Action Required by Council:
Passage of Resolution
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Number: Funds Available: — YES NO
for City C
FMa
. Herrera DATE
;1yager
0 0
RESOLUTION NO. 91- 08
A RESOLUTION AUTHORIZING THE CITY OF LA PORTE TO PARTICIPATE IN THE
COALITION OF CITIES FOR THE PURPOSES OF INVESTIGATING, EVALUATING,
AND PRESENTING EVIDENCE IN REGARD TO THE PROPOSED HOUSTON LIGHTING &
POWER COMPANY APPLICATION FOR INCREASED RATES; AUTHORIZING, IF
NECESSARY, THE INTERVENTION OF THE COALITION OF CITIES IN ANY
PROCEEDING BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS IN
CONNECTION WITH THE REVIEW OF ANY RATE PROCEEDING INSTITUTED WITH
REGARD TO THE PROPOSED APPLICATION FOR INCREASED RATES; AUTHORIZING
THE CITY ATTORNEY OF THE CITY OF HOUSTON TO REPRESENT THE COALITION
OF CITIES IN ANY PREFILING DISCUSSIONS AND IN ANY PROCEEDING BEFORE
THE PUBLIC UTILITY COMMISSION OF TEXAS IN REGARD TO THE PROPOSED
APPLICATION FOR INCREASED RATES; CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, Houston Lighting & Power Company ("HL&P") has advised
the municipalities in its service area of its proposal to file an
application of increased rates ("proposed rate case"); and
WHEREAS, the City of Houston intends to retain professional
consultants to conduct investigations, present evidence, advise its
City Council and assist with any litigation relating to the proposed
rate case; and
WHEREAS, the City of Houston and other municipalities that are
regulatory authorities having original jurisdiction over parts of
the HL&P service area have entered into a coalition to cooperate in
the proposed rate case; and
WHEREAS, it
is in the City
of La
Porte's ("City") best interest
to participate in
the proposed
rate
case through a Coalition of
Cities in HL&P's
service area;
and
WHEREAS, it is in the City's best interest to participate with
the Coalition of Cities in proceedings before the Public Utility
Commission of Texas ("PUC") concerning the proposed application of
HL&P for increased rates in the unincorporated portion of its
service area and in any appeal to the PUC of the City's rate order
in the proposed rate case;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. The facts and recitation set forth in the preamble
of this Resolution are hereby found to be true and correct.
Section 2. The City Council hereby authorizes the
participation of the City in the Coalition of Cities for the
purposes of: (a) investigating, evaluating, and presenting evidence
in connection with the proposed rate case; (b) participating in any
appellate proceedings before the PUC relating to the proposed rate
case; (c) participating in any prefiling discussions concerning the
proposed rate case; and (d) participating in any proceeding before
the PUC concerning the proposed application of HL&P for increased
rates in the unincorporated portion of its service area.
Section 3. The City Attorney of the City of Houston is hereby
authorized on behalf of the City to represent the Coalition of
1 9 0
RESOLUTION 91-08
PAGE 2
Cities in any appellate proceedings before the PUC relating to the
rate case, but only in the event that the rate orders of the City,
the City of Houston and a majority of other member cities of the
Coalition are appealed by HL&P to the PUC.
Section 4. The City of Houston is hereby authorized on behalf
of the City to represent the Coalition of Cities in any prefiling
discussions and in any proceeding before the PUC concerning the
proposed application of HL&P for increased rates in the
unincorporated portion of its service area.
Section 5. 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 of La Porte, Texas 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 resolution 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 6. This Resolution shall be in effect from and after
its passage and approval.
PASSED AND APPROVED this the 6th day of May, 1991.
CITY OF LA PORTE
By:
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
APMOVED:
Knox W. Asklns, City Attorney
S
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: May 6 91
Requested By: Joel Albrech epartment: Community Development
X Report Resolution Ordinance
Exhibits: See Attached Reports
on East E Street
SUMMARY & RECOMMENDATION
The attached report is a response to the request.made by several
citizens to the City Council on March 24, 1991. The citizens asked
for consideration for changes or additions to the East E design to
lessen the impact of deeper and wider ditches along the side
streets. The report offers three options available to the council
for possible solutions to the problem expressed.
The estimated costs for these options are as follows:
OPTION I $67,000
OPTION II $54,000
OPTION III $15,000
Funds for the possible changes to the storm drainage system for
East "E" Street are available through a combination of the East "E"
contingency account and undesignated funds in the 1989 G.O. Bond
Fund.
Current contingency
in East E
project is
$62,000
Available from 1989
Bond Fund
(undesignated)
$58,000
Action Required by Council:
Authorize Staff to negotiate Change Order #2 for East E Street
construction to pursue option in an amount not to exceed $67,000.
If Council selects Option 1 (culvert through the 75' transition
zone) Staff also requests the transfer of $30,000 from the 1989
G.O. Bond Fund to the East E street project to re-establish a
contingency fund.
Availability of Funds:
General Fund Water/Wastewater
X Capital Improvements General Revenue
Other Sharing
Account No.:029-700-440910 (1989 G.O. Bond Fund),
Funds Available: Yes No
for City Council Agenda
aVty
t T: Herrera
Manager
a e
r
EAST "E" STREET PAVING & DRAINAGE IMPROVEMENTS
On March 24, 1991 several citizens expressed concern to the City Council about the depths
and locations of the ditches proposed to be constructed along the side streets intersecting
East "E" Street. Exhibit "A' is a typical plan/profile view of a side street intersecting East
"E". The area of concern is a 75 ft. transition zone along each side street.
Table 1, Column 1, shows conditions prior to design and construction of East "E" Street
at each intersection. Note that the depth of ditches range from 0 feet to 2.8 feet. The
design of East "E" Street to a curb and gutter cross section lowered the elevation of .East
"E" Street an average of 2 feet. Consequently the 75 feet transition zones and
accompanying open ditches are also lowered on the average of 2 feet. Table 1, Columns
1 and 2 show the pre-existing and design ditch depths measured at East "E".
The adjacent property is impacted by a deepening and widening of the ditches from a point
at East "E" Street for a distance of 75 feet. The average lowering of the ditches is
approximately 2.0 feet, but the range is from 0 feet to 2.8 feet.
Staff reviewed several options with Bill Manning and Project Manager Chris Claunch.
Three options are presented which offer a range of action which could reduce the impact
to property adjacent to these transition sections. An important item to recognize is the
advance work that the contractor has already completed in the transition zones. The
contractor has already removed and reset many of the culverts in the 75 ft. transition zone.
This completed work was taken into account while examining our options. Depending on
the direction given by Council it may be necessary to remove and reset some culverts.
Option 1 extends the closed conduit system (culverts) through the 75 foot transition area.
This option includes the addition of RCP culvert from East E Street to the end of the
transition zone and construction of junction/inlet boxes. If Option 1 is selected the
additional culvert will be deep enough to allow for future extension. Notice, however, that
at the end of the 75 ft. transition there will be a 5 ft. section of ditch to transition back to
the existing grade.
Option 1: See Attached Exhibit
Option 1 will require:
o Installation of 2,360 LF of RCP culvert
o Installation of 34 storm drain junction/inlet boxes
Estimated cost for Option 1 is $66,715 based on current contract prices.
Option 2 extends the closed conduit system (culverts) part way through the transition zones
to a point that intersects the existing ditches. This option would require the resetting of
culverts for driveways and sidewalks that have already been lowered. If Option 2 is utilized,
the pipe would againn need to be lowered if there were to be a future extension of the
conduit system to property beyond the 75 ft. transition zone.
Option 2: See Attached Exhibit
Option 2 will require:
o Removal and resetting of 540 LF of recently placed culverts for intersectors
o Installation of 1,745 feet of RCP culvert
Estimated cost for Option H is $53,732 based on current contract prices.
Option 3 is an approach that minimizes costs and treats each intersection separately. The
objective with Option 3 is to keep the ditches shallow and drop them into the recently ieset
culverts. If Option 3 is selected the additional culverts will be deep enough to allow for
future extension. Again, as in Option 1, there will be a 5 ft. section of ditch to transition
back to the existing grade. Although this option makes use of the culverts already reset,
it treats each intersection differently. One intersection might receive 40 ft. of culvert while
another may not receive any. The entire transition zone will = be under culvert.
Option 3: See Attached Exhibit
Option 3 will require:
o Removal of 185 LF of recently placed culverts for intersectors
o Install 360 LF of RCP culvert for intersectors, driveways and sidewalks
o Regrade ditches to achieve a 1% slope throughout the transition zone.
Estimated cost for Option 3 is $13,016 based on current contract prices.
TABLE 1
EAST "E" STREET PAVING & DRAINAGE IMPROVEMENTS
DRAINAGE INTERSECTORS
Pre -Existing
Design
Option I
Option 11
Ditch
Depths
Ditch Depth
Depth
-Est. Cost
Depth
-Est. Cost
VIRGINIA STREET
NW
2'
3.7'
2.5'
$2050
2.1'
$1998
NE
1.8'
3.3'
2'
2632
2'
1998
SW
1.7'
3.4'
2.1'
2050
2.2'
1568
SE
1.3'
3.7'
2.2'
2430
2'
1701
KANSAS STREET
NW
1.2'
3.2'
1.5'
$2745
1.8'
$1788
NE
1.6'
2.6'
0
0
0
0
SW
1.3'
3.5'
2.2'
1895
2'
1660
SE
1.4'
3'
0
2754
2'
1837
UTAH STREET
NW
1.6'
3.8'
2.3'
$1573
2.2'
$1393
NE
1'
3.8'
2'
1609
2.2'_
1203
SW
2'
3.8'
2.2'
1817
2.2'
1430
SE
2'
3.8'
2.5'
1895
2.2'
1622
•
IDAHO STREET
NW
1.6'
3.3'
22'
$1573
2'
$1526
NE
1.6'
3.6'
1.8'
2652
2'
1759
SW
0
0
0
0
0
0
SE
0
0
0
0
0
0
Option III
Depth -Est. Cost
2.5'
$1150
2'
1751
2.2'
1188
1.5'
1530
12'
$1902
0
0
1.7'
0
2.7'
1316
2.3' 0
1.9' 0
2.2' 0
2.5' 0
22' 0
2' $ 432
0 0
0 0
Pre -Existing
Design
Option I
Option 11
Depth -Est. Cost
Option III
Depth -Est. Cost
Ditch
Depths
Ditch Depth
Depth
-Est. Cost
OHIO STREET
NW
NE
0
0
0
0
0
2'
0
$ 2008
0
2'
0
$1298
0
2.1'
1.8'
0
0
$1098
SW
1.3'
3.7'
2.1'
1661
2'
2'
1516
1635
1.9'
0
SE
1.5'
3.6'
2'
2035
BROWNELL STREET
NW
NE
0
2.7'
0
4.6'
0
0
0
$2926
0
2.4'
0
$1563
0
2.7'
0
0
0
SW
0
0
0
0
0
0
0
0
0
0
0
SE
0
0
0
0
NUGENT STREET
NW
NE
0
2.3'
0
3.5'
0
2.5'
0
$1818
0
2.2'
0
$1184
0
2.3'
2.5'
0
0
0
SW
2'
3.5'
2.7'
2'
1.6'
2483 2'
2198 Protect oak trees 2.2'
1564
1305
1.8'
$ 538
SE
1.5'
HOLMES STREET
NW
3.3'
4.4'
2.3'
$1573
2.8'
$1963 •
3.45'
0
0
0
NE
SW
0
1.6'
0
3.5'
0
2.3'
0
1573
0
2'
0
1260
2.3'
2.4'
0
0
SE
2.4'
2.9'
2.4'
2167
2'
2152
Pre -Existing
Ditch Depths
NW 2.1'
NE 1.9'
SW 0.8'
SE 0.7'
NW 1.1'
NE 2'
SW 1.9'
SE 0.7'
NW 2.8'
NE 2.7'
SW 2'
SE 0
Design Option I
Ditch Depth Depth -Est. Cost
Option II Option III
Depth -Est. Cost Depth -Est. Cost
CARROLL STREET
3.9'
2.4'
$1573
2'
$1773
2.5'
2.1'
0
0
3.9'
2.2'
1573
2.2'
1938
1.6'
0
3.6'
3.6'
2'
2.3'
1573
2008
2'
2.1'
1640
1811
2.7'
0
LOBIT STREET
2.8'
1.6'
$1573
2'
$ 247
1.6'
3'
0
0
3.9'
2.3'
1573
2'
2'
1412
1583
2.5'
0
3.3'
3.7'
2.2'
1.9'
1573
1573
2'
1336
2'
0
BLACKWELL STREET
41
2.4'
$3106
2.3'
$2206
3.2'
$2111
3.9'
3.2'
1573
3.1'
1963
3.9'
3.6'
0
0
3.6'
2.0'
900
2'
900
0
0
0
0
0
0
0
$66,715
$53,732
$13,016
*Estimated costs are derived from the contract bid schedule and contractor quotes.
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