HomeMy WebLinkAbout1993-04-26 Regular Meeting• •
MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL
APRIL 26, 1993
1. The meeting was called to order by Mayor Pro Tem Cooper at
6:00 P.M.
Members of City Council Present: Mayor Pro Tem Mike Cooper,
Councilpersons Bob Thrower, Bob McLaughlin, Alton Porter,
Deotis Gay, Jack Maxwell, Jerry Clarke
Members of City Council Absent: Mayor Norman Malone,
Councilperson Guy Sutherland
Members of City Council Present: City Manager Bob Herrera,
City Attorney Knox Askins, City Secretary Cherie Black,
Planning Director Chuck Harrington, Finance Director Jeff
Litchfield, Police Chief Bobby Powell, Director of
Administrative Services Louis Rigby, Finance Officer Linda
Stubbs, Golf Pro Alex Osmond, Recreation Superintendent Tim
O'Connor, Assistant Fire Chief Champ Dunham, Buyer Susan
Kelley
Others Present: Kelly Penewitt, Molly Mudbug, Gator Guard, 1
citizen
2. The invocation was given by Councilperson Porter.
3. Council considered approving minutes of the public hearing and
regular meeting held April 12, 1993.
Motion was made by Councilperson McLaughlin to approve the
April 12 minutes as presented. Second by Councilperson
Thrower. The motion carried, 7 ayes and 0 nays.
Ayes: Councilpersons Thrower, McLaughlin, Porter, Gay,
Maxwell, Clarke and Mayor Pro Tem Cooper
Nays: None
4. Mayor Pro Tem Cooper proclaimed May 1993 as "Youth Water
Safety Month." The proclamation was accepted by Kelly
Penewitt, Molly Mudbug and Gator Guard.
5. Mrs. Frances Carr and Ms. Margaret Adrian were to address
Council, but had not arrived.
6. Consider Ordinance amending Chapter 26, Article II, "Water,
Sewers and Sewage Disposal" of the Code of Ordinances.
• •
Minutes, Regular Meeting, La Porte City Council
April 26, 1993, Page 2
The City Attorney read: ORDINANCE 93-1896 - AN ORDINANCE
AMENDING CHAPTER 26, ARTICLE II, "WATER, SEWERS AND SEWAGE
DISPOSAL," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Thrower to adopt Ordinance
93-1896 as read by the City Attorney. Second by Councilperson
Porter. The motion carried, 7 ayes and 0 nays.
Ayes: Councilpersons Thrower, McLaughlin, Porter, Gay,
Maxwell, Clarke and Mayor Pro Tem Cooper
Nays: None
7. Council considered an ordinance amending Chapter 26, Article
II, "Water, Sewers and Sewage Disposal" of the Code of
Ordinances, and establishing a new rate and fee structure.
The City Attorney read: ORDINANCE 93-1897 - AN ORDINANCE
AMENDING CHAPTER 26, ARTICLE II, "WATER, SEWERS AND SEWAGE
DISPOSAL," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE;
ESTABLISHING A NEW RATE AND FEE STRUCTURE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilperson Porter stated for the record that he is against
charging a replacement fee that is less than the actual price
of a water meter, but that he would vote in favor of the
ordinance.
Motion was made by Councilperson McLaughlin to adopt Ordinance
93-1897 as read by the City Attornev. Second by Councilperson
Clarke. The motion carried, 7 ayes and 0 nays.
Ayes: Councilpersons Thrower, McLaughlin, Porter, Gay,
Maxwell, Clarke and Mayor Pro Tem Cooper
Nays: None
8. Council considered an ordinance adopting the provisions of
Section 402.0025, Texas Local Government Code, regarding
property liens for delinquent utility bills.
The City Attorney read: ORDINANCE 93-1898 - AN ORDINANCE
ADOPTING THE PROVISIONS OF SECTION 402.0025, TEXAS LOCAL
GOVERNMENT CODE, IMPOSING A LIEN AGAINST AN OWNER'S PROPERTY,
UNLESS IT IS A HOMESTEAD AS PROTECTED BY THE TEXAS
CONSTITUTION, FOR DELINQUENT BILLS FOR MUNICIPAL UTILITY
SERVICE RENDERED TO THE PROPERTY; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
• •
Minutes, Regular Meeting, La Porte City Council
April 26, 1993, Page 3
Motion was made by Councilperson Clarke to adopt Ordinance 93-
1898 as read by the City Attorney. Second by Councilperson
McLaughlin. The motion carried, 7 ayes and 0 nays.
Ayes: Councilpersons Thrower, McLaughlin, Porter, Gay,
Maxwell, Clarke and Mayor Pro Tem Cooper.
Nays: None
9. Council considered an ordinance approving and authorizing a
contract between the City of La Porte and Comex Corporation
for construction of Main Street sidewalks and curb replacement
and corner wheelchair access ramps.
The City Attorney read: ORDINANCE 93-1899 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND COMEX CORPORATION, FOR THE CONSTRUCTION OF MAIN
STREET SIDEWALK, CURB REPLACEMENT, AND CORNER WHEELCHAIR
ACCESS RAMPS; APPROPRIATING $23,830.89 PLUS A CONTINGENCY OF
$15,419.11 TO FUND SAID CONTRACT; 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 Thrower to adopt Ordinance
93-1899 as read by the City Attorney. Second by Councilperson
Clarke. The motion carried, 7 ayes and 0 nays.
Ayes: Councilpersons Thrower, McLaughlin, Porter, Gay,
Maxwell, Clarke and Mayor Pro Tem Cooper.
Nays: None
10. Council considered an ordinance approving and authorizing a
contract between the City of La Porte and S.C.I. Contractors,
Inc., for construction of Fairmont Park athletic complex
parking lot expansion.
The City Attorney read: ORDINANCE 93-1900 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND S.C.I. CONTRACTORS, INC., FOR THE CONSTRUCTION OF
FAIRMONT PARK ATHLETIC COMPLEX PARKING LOT EXPANSION;
APPROPRIATING $35,183.46 PLUS A CONTINGENCY OF $4,816.54 TO
FUND SAID CONTRACT; 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 Thrower to adopt Ordinance
93-1900 as read by the City Attorney. Second by Councilperson
Gay. The motion carried, 7 ayes and 0 nays.
• •
Minutes, Regular Meeting, La Porte City Council
April 26, 1993, Page 4
Ayes: Councilpersons Thrower, McLaughlin, Porter, Gay,
Maxwell, Clarke and Mayor Pro Tem Cooper.
Nays: None
11. Council considered an ordinance approving and authorizing a
contract between the City of La Porte and Commodore
Construction for the construction of the Municipal Court.
The City Attorney read: ORDINANCE 93-1901 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND COMMODORE CONSTRUCTION, FOR THE CONSTRUCTION OF CITY
OF LA PORTE MUNICIPAL COURT; APPROPRIATING $189,880.00 PLUS A
CONTINGENCY OF $9,500.00 TO FUND SAID CONTRACT; 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 Thrower to adopt Ordinance
93-1901 as read ~ the City Attorney. Second by Councilperson
Clarke. The motion carried, 7 ayes and 0 nays.
Ayes: Councilpersons Thrower, McLaughlin, Porter, Gay,
Maxwell, Clarke and Mayor Pro Tem Cooper.
Nays: None
12. Council considered an ordinance approving and authorizing a
contract between the City of La Porte and Derk Harmsen
Construction Company, Inc., for Bay Forest golf course cart
storage and maintenance building expansions.
The City Attorney read: ORDINANCE 93-1902 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND DERK HARMSEN CONSTRUCTION COMPANY, INC., FOR THE
CONSTRUCTION OF BAY FOREST GOLF COURSE CART STORAGE AND
MAINTENANCE BUILDING EXPANSIONS; APPROPRIATING $65,716.00 PLUS
A CONTINGENCY OF $3,284.00 TO FUND SAID CONTRACT; 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 McLaughlin to adout Ordinance
93-1902 as read by the City Attorney. Second by Councilperson
Clarke. The motion carried, 7 ayes and 0 nays.
Ayes: Councilpersons Thrower, McLaughlin, Porter, Gay,
Maxwell, Clarke and Mayor Pro Tem Cooper.
Nays: None
• •
Minutes, Regular Meeting, La Porte City Council
April 26, 1993, Page 5
13. Council considered awarding a bid for an industrial tractor.
Motion was made by Counciluerson McLaughlin to award the bid
for an industrial tractor to Brookside Equipment Sales Inc.
in the amount of 511,625.00. Second by Councilperson Clarke.
The motion carried, 7 ayes and 0 nays.
Ayes: Councilpersons
Maxwell, Clarke
Nays: None
Thrower, McLaughlin, Porter, Gay,
and Mayor Pro Tem Cooper.
14. Administrative reports.
City Manager Herrera reminded Council of the May 3 meeting to
canvass the May 1 election. He will try to keep the agenda
short, as there will be a regular meeting on May 10.
John Joerns reported on the Little Cedar Bayou wastewater
treatment plant sludge dewatering. Replacement of the belt
press is almost complete, and cost was much less than
anticipated. The plant should be back in operation soon,
probably Thursday.
A memo from Assistant Fire Chief John Dunham was distributed.
Subject of the memo was the chemical plant fire on April 22 at
Chusei.
15. Council Action: Councilpersons Thrower, McLaughlin, Porter,
Maxwell, Clarke and Mayor Pro Tem Cooper brought items to
Council's attention.
16. Council adjourned into Executive Session at 6:46 P.M. to
address the following under V.A.T.S. - Article 6252-17,
Section 2(E) - (Legal): (A) Receive report from attorney on
East "E" Street matter; (B) Receive report from City Attorney
on legal matters. Council returned to the table at 7:30 P.M.
with no action being taken.
At this time, Ms. Adrian had arrived to address Council. She had
thought Council began at 7:00 P.M. Ms. Adrian addressed Council to
request help in setting up a Foundation for helping her son, who
has a terminal disease. She asked for legal help in setting up the
Foundation, and also help in holding a benefit at Sylvan Beach
Pavilion. She has been in contact with the school district, and
they indicated that they perhaps could let her use one of their
"free" times at the Pavilion. Mr. Herrera will meet with Ms.
Adrian and see what can be done to help her.
Minutes, Regular Meeting, La Porte City Council
April 26, 1993, Page 6
17. There being no further business to come before the Council,
the meeting was duly adjourned at 7:35 P.M.
Respectfully submitted:
(~ ~
~~°~
Cherie Black, City Secretary
Passed & Approved this the 3rd
day.. of May,1993
). G~7 i~~ ~'~~~„
G~'~~~
~N rman L. Malone Ma or
Y
~ ~
Off ice of the Mayor
x
~~
h~rp~,~ ; La Porte Parks and Recreation Department's Aquatics
_` Division offers a water safety program for youth in
elementary and junior high school grades, to promote
water safety; and
WHEREAS, the program started as a response to the growing drowning rate in
Texas, which is number 2 in the nation in water-related deaths; and
WHEREAS, this is the third year of the water safety program, and it has
reached approximately 7,000 youth per year; and
WHEREAS, the theme of the program is: WATER SAFETY...JUST DO IT;
and
WHEREAS, the efforts of Gator Guard, Molly the Mudbug and friends should
be recognized.
NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City
of La Porte, do hereby proclaim the month of May, 1993, as
YOUTH WATER SAFETY MONTH
in the City of La Porte, and congratulate the Aquatics Division on their successful program.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Seal of the City to be affrxed hereto, this the 26th day of April, 1993.
CITY OF LA PORTE
Norman L. Malone, Mayor
• •
REQUEST FOR CITY COUNCIL AGENDA ITEM
,.
AGENDA DATE REQUESTED April 26, 1993
REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance
REPORT RESOLUTION XX ORDINANCE
EXHIBITS: Ordinance
SUMMARY AND RECOMMENDATION
On April 12, 1993, the City Council of the City of La Porte held a work shop
to review proposed changes to the Utility Billing Operation. The attached
ordinance is a result of that workshop.
This ordinance modifies Chapter 26 of the Code of Ordinances. The areas of
change are:
^ Cleanup of wording
^ Service Fees for New Services and Transfers
^ Service Fees for Repetitive Actions
^ Fees and Changes to reduce our exposure for Bad Debts
The recommended changes made at the City Council work shop were incorporated
into the attached ordinance. Those changes were:
^ Removed the words "one time" as they related to service and transfer
fees.
^ Changed the words "rate payer" to "consumer"
^ Reworked the paragraph regarding restoration of service after
service had been discontinued because of neglect by the consumer.
Also changed the hours to read 9:00 am to 3:30 pm.
^ Added the word "discontinue" to a paragraph on page 3 and "double
deposit" on page 4.
^ Changed the deposit for owner units from the proposed amount of $100
to that suggested by Council of $90.
This ordinance changes all the appropriate wording. A subsequent ordinance
will change the fee amounts.
ACTION REQUIRED BY COUNCIL:
Approve or disprove the Ordinance making changes to the Utility Billing
Operation.
AVAILABILITY OF FUNDS:
GENERAL FUND
UTILITY FUND
OTHER
ACCOUNT NUMBER: N/A FUNDS AVAILABLE
YES NO
APPROVED FOR CITY COUNCIL AGENDA
~ T. li,~~ y • a t ~ 23
ROBERT T HERRERA DATE
CITY MANAGER
• •
ORDINANCE N0. 93-1896
AN ORDINANCE AMENDING CHAPTER 26, ARTICLE II, "WATER, SEWERS AND SEWAGE
DISPOSAL," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; CONTAINING A
SEVERABILITY CLAUSE; 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. All references in Chapter 26 of the Code of Ordinances of the City
of La Porte to the "director of public works" shall be changed to read
"director of finance".
Section 2. Anew section of the Code of Ordinance of the City of La Porte,
Sec. 26-12.2, of Article II, Chapter 26, of said Code shall be added, to
hereafter read as follows, to-wit:
"Sec 26-12 2 Fee established for certain services• collection of fee
"(a) There shall be charged, assessed and collected from a consumer (as
described in Sec. 26-11), pursuant to said consumer's request for
service connection with the city, a fee for the connection of said
service connection.
"(b) There shall be charged, assessed and collected from a consumer (as
described in Sec. 26-11), pursuant to said consumer's request for
transfer of service from one location within the city to another
location located within the city, a fee for the transfer of said service
connection.
"(c) There shall be charged, assessed and collected from a consumer (as
described in Sec. 26-11), pursuant to said consumer's request for the
replacement of a currently installed meter with a new meter, a fee for
the installation of said service connection. This fee shall only be
charged if the director of finance, or his designee, determines that the
meter requested to be replaced does not meet the city's criteria for
replacement and that the replacement of the meter is being performed at
the sole request of the consumer.
"(d) There shall be charged, assessed and collected from a consumer (as
described in Sec. 26-11), pursuant to said consumer's request for the
performance of a water line pressure test to be performed by city
personnel, a fee for the performance of said pressure test. Provided
however, that each consumer will be allowed one pressure test, free of
charge, during a twelve month period and, if the first test fails, a re-
test after the consumer provides proof that the service system has been
analyzed and/or repaired to determine the cause of the previous failure
of the pressure test.
-'fit I
• •
Ordinance No. 93-1896, page 2
Said pressure test is to be performed after the consumer has been
notified that the test is designed to determine the ability of the
consumer's system to hold and maintain a level amount of pressure in the
lines and that failure of said pressure test could be caused by many
factors, only one of which could be a leak in their service lines.
"(e) There shall be charged, assessed and collected from a consumer (as
described in Sec. 26-11), pursuant to said consumer's request for the
performance of an extra reading (re-read) of their meter to confirm the
accuracy of a reading previously reported to them by the city, a fee for
the performance of said additional meter reading. This fee shall only
be charged if the director of finance, or his designee, determine that,
based on the additional meter reading, the previously reported reading
was correct. Provided however, that each consumer will be allowed one
additional reading, free of charge, during a twelve month period.
"The fees mandated by this section shall be set by the City Council from time
to time upon recommendation from the director of finance."
Section 3. Sec. 26-13 of Article II, Chapter 26, of the Code of ordinances of
the City of La Porte is hereby amended, to hereafter read as follows, to-wit:
"Sec. 26-13. Termination of water service for failure to pav
"(c) In cases where the water meter has been disconnected or service has
otherwise been terminated by the city for nonpayment of charges for
water, sanitary sewer, and garbage services, and the consumer has
complied with the requirements of the city, service will be restored on
a same day basis is the request is made by the consumer between the
hours of 9:00 a.m. and 3:30 p.m. Monday through Friday excluding city
holidays. The charge for restoration of service will approved by the
City Council. If the request for restoration of service is made by the
consumer and complied with by the city at any time other than stated
above, an additional fee set by the City Council will be charged.
In cases where the water meter has been disconnected or otherwise
terminated by the city water department for nonpayment of charges for
water, sanitary sewer, and garbage services, and the consumer has
developed a pattern of habitually failing to pay for the services that
have been received, the amount of the service restoration fee will be
doubled, and the consumer will be required to have placed on deposit an
amount that is double the amount required in Sec. 26-14, "Water deposits
and refunds". For the purposes of determining this fee, the consumer
will be allowed three service terminations in a (12) twelve month period
at the normal rate and all others will be assessed at the increased
rate.
•
Ordinance No. 93-1896, page 3
"(e) In cases where the water meter has been disconnected or otherwise
terminated by the city water department for nonpayment of charges for
water, sanitary sewer, and garbage services, and service is restored to
the consumer (by someone other than authorized city personnel) before
all delinquent charges have been fully paid and satisfied, or
satisfactory arrangements have been made with the water department to
pay such delinquent bill, the city shall immediately proceed to
disconnect and discontinue any further service to the consumer and
provide a locking mechanism to deny further service to the consumer
until the outstanding amount is resolved in compliance with subsection
(b) of this section. If a locking mechanism is used, an additional fee
will be assessed and said fee will be set by the city council, upon
recommendation of the director of finance, from time to time.
If said locking mechanism is removed by someone other than city
personnel and allows the consumer to obtain service before the
outstanding amount is resolved in compliance with subsection (b) of this
section, the service meter will be physically removed to deny any
further service and an additional fee will be assessed and said fee will
be set by the City Council, upon recommendation of the director of
finance, from time to time.
"(f) In cases where the water meter has been disconnected or other means
taken to terminate service at the location, and the consumer has had
service made available through an unauthorized tap or hook-up which was
not installed by City personnel, the unauthorized tap or hook-up will be
physically removed by city personnel and an administrative penalty will
be assessed and said penalty will be set by the City Council, upon
recommendation of the director of finance, from time to time.
"(g) In cases where the water meter has been disconnected or otherwise
terminated by the city water department for nonpayment of charges for
water, sanitary sewer, and garbage services, and the consumer has failed
to comply with the requirements of the city, the amounts due the city
will be transferred to any other service accounts that the consumer has
with the city.
Section 4. Anew section of the Code of Ordinance of the City of La Porte,
Sec. 26-12.2, of Article II, Chapter 26, of said Code shall be added, to
hereafter read as follows, to-wit:
"Sec. 26-12.3 Refusal of service
"The city shall refuse service to a consumer as long as any of the following
conditions exist.
•
Ordinance No. 93-1896, page 4
"(a) The consumer fails to provide a valid identification number, which
consists of a social security number, Texas drivers license number, a
Texas or federal identification number, or other information as
determined by the director of finance.
"(b) The consumer has been a previous consumer with the city and has an
outstanding amount due for services previously provided. If the
consumer corrects the outstanding amount due for services previously
provided, the consumer may obtain service after they have placed on
deposit an amount that is double the amount required in Sec. 26-14.
Water deposits and refunds.
"(c) The consumer is requesting service at a rental unit, and upon
examination of a written rental or lease agreement, it is determined
that the record owner of the property, as shown by the Harris County
Appraisal District, is also a previous consumer of the property and the
said record owner has an outstanding amount due for services previously
provided at the property.
Section 5. If any section, sentence, phrase, clause, or any part of any
section, sentence, phrase, or clause, of this Ordinance shall, for any reason,
be held invalid, such invalidity shall not affect the remaining portions of
this Ordinance, and it is hereby declared to be the intention of this City
Council to have passed each section, sentence, phrase, or clause, or part
thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
Section 6. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this
meeting of the City Council was posted at a place convenient to the public at
the City Hall of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil
Statutes Annotated; and that this meeting has been open to the public as
required by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted upon. The
City Council further ratifies, approves and confirms such written notice and
the contents and posting thereof.
Section 7. This Ordinance shall take effect and be in force from and after its
passage and approval.
PASSED AND APPROVED this the 26th day of April, 1993.
CITY OF LA PORTE
sy
ATTEST:
APPROVED:
Norman Malone, Mayor
City Secretary City Attorney
•
REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE REQUESTED April 26, 1993
REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance
REPORT RESOLUTION XX ORDINANCE
EXHIBITS: Ordinance
SUMMARY AND RECOMMENDATION
This ordinance is a companion ordinance to that just passed. It establishes
the fees and other amounts that were discussed at the April 12, 1993 work
shop.
ACTION REQUIRED BY COUNCIL:
Approve or disprove the Ordinance setting fees and other charges in the
Utility Billing Operation.
AVAILABILITY OF FUNDS:
GENERAL FUND UTILITY FUND OTHER
ACCOUNT NUMBER: N/A FUNDS AVAILABLE: YES NO
APPROVED FOR CITY COUNCIL AGENDA
Qc~-.,.~C ~ , 4,- 2l. ~ ~i.~3
ROBERT T HERRERA DATE
CITY MANAGER
•
ORDINANCE N0. 93-1897
AN ORDINANCE AMENDING CHAPTER 26, ARTICLE II, "WATER, SEWERS AND SEWAGE
DISPOSAL," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; ESTABLISHING A
NEW RATE AND FEE STRUCTURE; CONTAINING A SEVERABILITY CLAUSE; 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. Anew section of the Code of Ordinance of the City of La Porte,
Article II, Chapter 26, of said Code, shall be added to hereafter read as
follows, to-wit:
"Sec. 26-12 2 Fee established for certain services• collection of fee
Upon recommendation of the director of finance, the City Council of the City
of La Porte, pursuant to the directives established in Article II of Chapter
26 of the Code of Ordinances of the City of La Porte, hereby establishes the
following rates and fees:
"(a) Sec. 12-2.2(a) - Each consumer requesting new service with the city
shall be charged a service fee of $10.00 (ten dollars) and said service
fee is to be collected prior to the beginning of the requested service.
"(b) Sec. 12-2.2(b) - Each consumer requesting the transfer from one service
location within the city to another service location within the city
shall be charged a transfer fee of $15.00 (fifteen dollars) and said fee
is to be charged to their account and collected through the normal
billing and collection process.
"(c) Sec. 12-2.2(c) - Each consumer requesting that their meter be replaced
by a new meter, when the city has no reason to believe the meter to be
replaced has reached the end of its useful life, shall be charged a
meter replacement fee of $25.00 (twenty-five dollars) and said fee is to
be charged to their account and collected through the normal billing and
collection process.
"(d) Sec. 12-2.2(d) - Each consumer requesting that their service lines be
pressure tested by the city, and said pressure test is subsequent to a
pressure test obtained from the city in the preceding (12) twelve month
period, shall be charged a pressure test fee of $25.00 (twenty-five
dollars) and said fee is to be charged to their account and collected
through the normal billing and collection process.
• •
Ordinance No. 93-1897, page 2
"(e) Sec. 12-2.2(e) - Each consumer requesting that their meter be re-read by
the city, and said re-read is subsequent to a re-read requested by the
consumer and performed by the city in the preceding (12) twelve month
period, and said re-read confirms the accuracy of the previous meter
reading, a fee of $5.00 (five dollars) shall be charged for the
additional reading and said fee is to be charged to their account and
collected through the normal billing and collection process."
"Sec. 26-13. Termination of water service for failure to pay.
Upon recommendation of the director of finance, the City Council of the City
of La Porte, pursuant to the directives established in Article II of Chapter
26 of the Code of Ordinances of the City of La Porte, hereby establishes the
following rates and fees:
"(c) During regular hours (9:00 a.m. through 3:30 p.m., monday through
friday, except Holidays approved by the City Council), the service
restoration fee shall be $25.00; after the aforementioned hours, the
service restoration fee shall be $35.00.
"(d) In cases where any person gives the City a check in payment of water and
sewer services which is not honored by the drawee bank for any reason,
an additional charge shall be levied against such person and said charge
shall be the maximum charge authorized by state law.
"(e) In cases where the discontinuance of service had to be achieved by the
use of a locking mechanism, an additional fee of $25.00 (twenty-five
dollars) shall be assessed. If the locking mechanism is removed or
otherwise altered to allow service continuance before satisfactory
arrangements have been made with the city, another additional fee of
$25.00 (twenty-five dollars) shall be assessed.
"(f) In cases where the consumer has been provided service by means of an
unauthorized tap or hook-up, an administrative penalty of $200.00 (two
hundred dollars) shall be assessed."
"Sec. 26-14. Water deposits and refunds.
"(f) Deposit Schedule
1. Owner-occupied single family residence consumers shall place on
deposit the sum of $90.00 (ninety dollars).
2. Other single-family residence consumers shall place on deposit the
sum of $125.00 (one hundred twenty-five dollars).
i •
Ordinance No. 93-1897, page 3
Section 2. If any section, sentence, phrase, clause, or any part of any
section, sentence, phrase, or clause, of this Ordinance shall, for any reason,
be held invalid, such invalidity shall not affect the remaining portions of
this Ordinance, and it is hereby declared to be the intention of this City
Council to have passed each section, sentence, phrase, or clause, or part
thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
Section 3. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this
meeting of the City Council was posted at a place convenient to the public at
the City Hall of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil
Statutes Annotated; and that this meeting has been open to the public as
required by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted upon. The
City Council further ratifies, approves and confirms such written notice and
the contents and posting thereof.
Section 4. This Ordinance shall take effect and be in force from and after its
passage and approval.
PASSED AND APPROVED this the 26th day of April, 1993.
CITY OF LA PORTE
ay
Norman Malone, Mayor
ATTEST:
APPROVED:
City Secretary City Attorney
• Y
. ~(:
M~
REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE REQUESTED Aril 26, 1993
REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance
REPORT RESOLUTION XX ORDINANCE
EXHIBITS: Ordinance
SUMMARY AND RECOMMENDATION
At the April 12, 1993 work shop with City Council regarding changes to the
Utility Billing Operation, the topic of an ordinance that allows the City to
file a lien against the property for delinquent City utility bills was
discussed.
State law allows the City to file a lien against a property when the user
fails to pay the City for City provided utilities. The lien process is
similar to that which we use for our demolition and lot mowing liens.
There are two cases where we can not file a lien against the property. They
are:
^ When the property is a homestead as protected by the Texas
Constitution, or
^ The property is rental property and the owner of the property has
provided notice to the City that the property is rental property.
We believe that the passage of this ordinance will provide the City an
opportunity to collect some amounts due for previous utility service that
would otherwise be uncollectible.
ACTION REQUIRED BY COUNCIL:
Approve or disprove the Ordinance allowing the City to place liens on an
owner's property for delinquent municipal utility bills.
AVAILABILITY OF FUNDS:
GENERAL FUND UTILITY FUND OTHER
ACCOUNT NUMBER: N/A FUNDS AVAILABLE: YES NO
APPROVED FOR CITY COUNCIL AGENDA
ROBERT T HERRERA DATE
CITY MANAGER
•
ORDINANCE NO. 93-1898
AN ORDINANCE ADOPTING THE PROVISIONS OF SECTION 402 .0025, TEXAS
LOCAL GOVERNMENT CODE, IMPOSING A LIEN AGAINST AN OWNER'S PROPERTY,
UNLESS IT IS A HOMESTEAD AS PROTECTED BY THE TEXAS CONSTITUTION, FOR
DELINQUENT BILLS FOR MUNICIPAL UTILITY SERVICE RENDERED TO THE
PROPERTY; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
adopts the provisions of Section 402.0025, Texas Local Government
Code, subparagraphs (d) through (h), imposing a lien against an
owner's property, unless it is a homestead as protected by the
Texas Constitution, for delinquent bills for City of La Porte
utility service to the property.
Section 2. The City of La Porte's lien shall not apply to
bills for service connected in a tenant's name after notice by
the property owner to the City of La Porte that the property is
rental property.
Section 3. The City of La Porte's lien shall not apply to
bills for service connected in a tenant's name prior to the
effective date of this ordinance imposing the lien.
Section 4. The City of La Porte's lien shall be perfected
by recording in the real property records of Harris County, a
notice of lien containing a legal description of the property and
the City of La Porte's utility account number for the delinquent
charges. The City of La Porte's lien shall include penalties;
one percent (1~) interest per month on the unpaid balance; and a
collection cost of Fifty Dollars ($50.00).
Section 5. The City of La Porte's lien shall be inferior to
a bona fide mortgage lien that is recorded before the recording
of the City of La Porte's lien in the real property records of
Harris County. The City of La Porte's lien is superior to all
-3'
ORDINANCE NO. 93- 1898
PAGE 2
other liens, including previously recorded judgment liens and any
liens recorded after the City of La Porte's lien.
Section 6. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall
of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Article 6252-17, Texas
Revised Civil Statutes Annotated; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 7. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 26th day of April, 1993
CITY OF LA PORTS
BY
Norman L. Malone, Mayor
ATTEST:
C erie B ac Ci y Secre ary
APPR D:
L/V .
~~ ~~
Knox W. Askins, ity A torney
-.
ter,
~~4
.~.
.ri:
x::
U
~ ~
REQIIEST FOR CITY COIINCIL AGENDA ITEM
Agenda Date Requested: 4-26-93
Requested By: Charles Harrington ~~ Department: Planning
XX Report Resolution XX Ordinance
Exhibits:
1. Bid Tabulation
2. Ordinance
SUNIIKARY & RECOMMENDATION
On April 6, 1993, City staff received bids for the construction of
Main Street Sidewalk and Curb Replacement and Corner Wheelchair
Access Ramps; CLP #93-4101 (see attached bid tabulation).
The proposed construction is to take place on both sides of Main
Street between 2nd and 5th Street; matching previous work done
between Broadway and 2nd Street. The total funds budgeted for this
project are $40,000.00.
Staff has evaluated each bid and accompanying documentation for
completeness and accuracy. The low bid was submitted by Comex
Corporation in the amount of $23,830.89 with an estimated 74
calendar days to complete the project.
Staff recommends awarding the contract to Comex Corporation in the
amount of $23,830.89 with the remaining budgeted amount of
$15,419.11 set aside as contingency and a means of adding to the
scope of work.
Action Required by Council:
Approval of an ordinance authorizing the City Manager to execute a
contract with Comex Corporation in the amount of $23,830.89 for the
construction of Main Street Sidewalk and Curb Replacement and
Corner Wheelchair Access Ramps (CLP #93-4101) and authorizing
expenditure of the remaining budgeted amount of $15,419.11 for
additional construction.
Availability of Funds:
General Fund Water/Wastewater
X Capital Improvements General Revenue
Other Sharing
Account No.: 015-673-500-100 Funds Available: X Yes No
Approved for City Council Agenda
~ ~c T~ ~~-*--
Robert T. Herrera
City Manager
4-Zt-Q3
Date
ORDINANCE NO. 93-1899
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND COMEX CORPORATION, FOR THE CONSTRUCTION OF
MAIN STREET SIDEWALK, CURB REPLACEMENT, AND CORNER WHEELCHAIR
ACCESS RAMPS; APPROPRIATING $23,830 .89 PLUS A CONTINGENCY OF
$15,419 .11 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFEC~'IVE 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. City Council appropriates the sum of $23,830.89 plus
a contingency of $15,419.11 from Capital Improvement Fund Account
No. 015-673-500-100 to fund said contract.
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
}~.
ORDINANCE NO. 93- 1899
Page 2
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 26th day of April, 1993.
CITY OF LA PORTE
BY
Norman L. Malone
Mayor
ATTEST:
C erie B ac
City Secretary
APPROVED:
~ ~-~-6~
Knox W. As ins
City Attorney
3 ~
N oo
N v
~
~ ao
~
O -+
'
'~ n
3 c~
N t~D N =
N ~ !~C
~ K
O
.
~r
-t
~ O
3
c N
~
~ ~
n '~
~:
~
N
O
C O
~
7
~ ~ O
~ ~
O
~
n
W
N N N N N (AA N ~
=~
oa
z
0
o~
m
N
N
N
N
N
N
N ~
Z
g~
~~
~
m
0 3 0 0 3 3
~Z
n. a ma
^1
~ j
~ A
~ GJ
~ O
C~~1 N
~ OD
O
~~
N O O ~N71 .A. O tOC
W
•
o~
~v
~~
r
~c
~p~ Y
W ~
z
a~
vZ
o~
~m
n z ^~
~ ~N~
v-
o =~~
'~ ~m p
~~~~~
zm~R°~
~ C ~ ~
~o a ~ ?°
m
O N~
~~
~m
~° m
N~
•
REQUEBT FOR CITY COIINCIL AGENDA ITEM
Agenda Date Requested: 4-26-93
Requested By: Charles Harrington ~~1G"Department: Planning
Report Resolution X Ordinance
Exhibits:
1. Bid Tabulation
2. Ordinance
3. Drawing of Parking Lot
SUNIlKARY & RECOMMENDATION
On April 19, 1993, City staff received bids for the construction of
Fairmont Park Athletic Complex Parking Lot Expansion; City of La
Porte Project No. 92-5203 (see attached bid tabulation).
The proposed construction is designed to add an additional 67
parking spaces at the northwest end of the complex near the
swimming pool and new t-ball field. This should relieve some of
the on street parking along Collingswood Drive. The total budget
for this project is $40,000.00.
Staff has evaluated each bid and accompanying documentation for
completeness and accuracy. The low alternate bid on the project
was submitted by S.C.I. Contractors, Inc. in the amount of
$35,183.46.
Staff recommends awarding the contract to S.C.I. Contractors, Inc.
in the amount of $35,183.46 with the remaining budgeted amount of
$4,816.54 to be set aside as contingency.
Action Required by Council:
Approval of an ordinance authorizing the City Manager to execute a
contract with S.C.I. Contractors, Inc. in the amount of $35,183.46
for the construction of Fairmont Park Athletic Complex Parking Lot
Expansion (City of La Porte Project No. 92-5203) and authorizing
the expenditure of the remaining budgeted amount of $4,816.54 be
set aside as contingency.
Availability of Funds:
General Fund
X Capital Improvements
Other
Water/wastewater
General Revenue
Sharing
Account No.: 015-674-520-100
Funds Available: X Yes No
Approved for City Council Agenda
Robert T. Herrera
City Manager
y-21~g3
Date
• ._. •
S :':
ORDINANCE NO. 93- 1900
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND S .C .I CONTRACTORS, INC ., FOR THE
CONSTRUCTION OF FAIRMONT PARK ATHLETIC COMPLEX PARKING LOT
EXPANSION; APPROPRIATING $35,183 .46 PLUS A CONTINGENCY OF
$4,816 .54 TO FUND SAID CONTRACT; 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. City Council appropriates the sum of $35,183.46 plus
a contingency of $4,816.54 from Capital Improvement Fund Account
No. 015-674-520-100 to fund said contract.
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
~:~
~..~
• •
!2:
r~'
-:1'
~:z
i
NO. 93- 1900 Page 2
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 26th day of April, 1993.
CITY OF LA PORTE
BY
Norman L. Ma one
Mayor
ATTEST:
C erie B ac
City Secretary
APPROVED:
Knox W. As ins
City Attorney
o a ~ d ~ d ~ ~ ~
A
A A
A
~ ~ ~
~ ~„~
~ A
;,..,
~
C A ~ ~
O f
C p m dq C ~ O
rp N ~
~ ~ y .~ "~ A 'p.-
O A p p
A m
H
p
by
O A
~
~ O A h h
A „pr i..i
p pD A
p A
~.
O
h
!~C A A !~C A A A A A A ' .~
h h h h h h h h h h
a
~
~~
d~
A ~ A A A A A A ~ '
A
h A
h h f
C
h h h h h h h
N
E*1
d
C
o ~ o ~ ;~
~~
~ N O~ N N ~+ ~+ ~O fJl C/1
W ~ ~ a J J O A W
W -
+ 0
0
i O O O O a ~
O W i
V N O „
i
~
~
r~ ~
b
a b
~~ ~~,
~~ ~s
o ~'
~~ ~
N
wOx ~°z
~ ~
u~
°w~
~a
b
a
A
t=i
~4
s
r
~ ~ wuror
~ * ~ - +
~ ~
•. *
w pr
,+ '
~ ~ ~
` * * ~'
~/ , `~ f dNS~~ ~+ 1
** 'r ~ 3 w
R l * * ./ ~ ~
~ ~` ~ Stl
sT ~ ~~
~ , ~ + r +
a ~
~ ± S
~ •'~or
~~
* ~ o' w orc _ : w or,'
~!~ ~~ ~ ~ V
A _ ~,
M t~ p. ~ `~
~ # ~ ! K,.
i = ~ M!
-~ *
~ ~ ,~ ~ ~ .~
~ ~
~/ * ~ ~ r u. aK '
~~' ~ `rte. ~~'' - ~ ~ ~~
fi @ w prt
M'lMO,k
• ~i y
a•wa~ :~
irT„w~, *
~p~
"`,,,~,
~~.
~ ~~
~ ~ ~ ~~
~ ~ ~ ~
~ !• ~ ~ ~
~~ ~ ~
~~ ®~ ~ ~
Q
~a ~ i s
~~
~~ ~
~ ~ r~ ~ t i
O ~ <<
*
~~ ' t
~ -J ~~,
,~ _ ;
~r~..
~ ,~ *
Y a~worc rwo,,,
~_ *
r
.y Y ~.
~. _ .-_ ~ 1 ~, ~
_ ~,
~ ••..
* \ /.
/isw.
.w:
w auR +
irww„
~ ` ~ ~ rr w o~,c
~ ~, ~ ~~
~ _ __ ` ~ ~.
r~+ ~ ~ ~~.
.~ .~. \\
r'wowc
V
*
~~.~
,~.
iL
V
d \~
~rww„
irww„
ruwor ~~~
=~ ,~
~~ • _
~ _ ~- ti
+ ~ it ur orc
~u.~ ~ \ ~ J
* ~ ~ ~~, s
.--_ it
j•
^ ~
,~ i
~ _ ` _ _ ~ ~ f_~'
!~ ~~
Mwpy~
_.~ ~ `\~ 1
_~ 1 r_,
'~\,! ~-
~~\~~
• •
REQIIEST FOR CITY COIINCIL AGENDA ITEM
Agenda Date Requested: 4-26-93
Requested By: Charles Harrington[~~Department: Planning
Report
Resolution X Ordinance
Exhibits:
1. Bid Tabulation
2. Ordinance
SUbIIKARY & RECOMMENDATION
On April 13, 1993, City staff received bids for the construction of
the City of La Porte Municipal Court; City of La Porte Project No.
93-2201 (see attached bid tabulation)..
The proposed construction will include remodeling the space
previously occupied by the Senior Citizen program in the Police
Building located at 915 S. 8th Street. The budgeted funds for
construction of this project are $183,000.00.
The project architect and staff has evaluated each bid and
accompanying documentation for completeness and accuracy. The low
bid was submitted by Commodore Construction in the amount of
$189,880.00 with an estimated 120 calendar days to complete the
project.
Staff recommends awarding the contract to Commodore Construction in
the amount of $189,880.00 with an additional $9,500.00 set aside as
a contingency fund. The total of the project will be $199,380.00.
Staff also recommends the difference between the budgeted amount
and the contract amount, which is $16,380.00, be taken from the
Capital Expenditure Contingency Account.
Action Required by Council:
Approval of an ordinance authorizing the City Manager to execute a
contract with Commodore Construction in the amount of $189,880.00
for the construction of the Municipal Court and authorizing an
additional $9,500.00 be budgeted for contingencies.
Availability of Funds:
General Fund Water/Wastewater
X Capital Improvements General Revenue
Other Sharing
Account No.: 015-688-200-510 Funds Available: X Yes No
Approved for City Council Agenda
~? T! 6~cM.e~ ~t- 2(-a 3
Robert T. Herrera Date
City Manager
•
r.
ORDINANCE NO. 93-1901
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND COMMODORE CONSTRUCTION, FOR THE CONSTRUCTION
OF CITY OF LA PORTE MUNICIPAL COURT; APPROPRIATING $189,880.00
PLUS A CONTINGENCY OF $9,500.00 TO FUND SAID CONTRACT; 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. City Council appropriates the sum of $189,880.00 plus
a contingency of $9,500.00, for a total appropriation of
$199,380.00, to be appropriated $183,000.00 from Capital
Improvement Fund Account No. 015-688-200-510 and $16,380.00 from
the Capital Expenditure Contingency Account, to fund said
contract.
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
ORDINANCE NO. 93-1901
Page 2
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 26th day of April, 1993.
CITY OF LA PORTE
BY
Norman L. Ma one
Mayor
ATTEST:
Cherie Black
City Secretary
APPROVED:
Knox W. Askins
City Attorney
~ ~
~ C7 0 ~ r o n ~~ o~ o~ o 0
w n Q ~ ~ n ~
~ °~ ~~ ~~ ~~
°~ rri °' c x ~ ~ ,
~
~ x v ~' ~ ~' ~ ~ ~ o 0
a ~ ~ ~ ° ~ ~ c o ~ ~ o ~x o ~ ~ ~
a.
S
~ ~
~
cn ,..,,
n C
~ ~ ~
' n
'
~ ~
a
O O ~ ~ ~ ~
1 ~
lA m
UI m
(A ~
V1 ~
V1 w
Vi V1 V
a a
p O O N pN
~ p O N
S ~ ~O ~ oo ~
~ ~
a ~
¢' (lt
~
~ (n
~ N
~ Oo
~ V
g ~P
~ ~G
o ~
~ a
z
O z
O
~ "'
O ~'
p 'J
O
p N
O N
O v,
O N
O ~
~
W Od
a a
O O ^ ~ ~
'P
C
~ ~O
o
~
~
~ ~
V 0o
~
V V
~P
CA ` ~
'pP
o O
pNp !may
Q a
~
~. G. V V V O
rt
~
X
O o ~G ~ ~f ~ -f ~ ~G ~ ~f W
N 1~/1 (~!1 (~/1 fin ~ ~ ~ N
Q~ Q~ Q
a a: ~
o v'
0 0 ~ ~ ~ .c ~ ~ .c ~ .c ~
N y f~/l N ~ N (~/1 N N
a a ~~
a~
0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~
VI fA VI V1 N !n to V1 V1 (~. ]~
W
a l71
a: .^J V
a
i~
.
W
p.
a
0
1~
W
b
~•
W
N
N
O
~-+
r
n
-,
0
v.
rt
:~
•
REQIIEST FOR CITY COIINCIL AGENDA ITEM
Agenda Date Requested: 4-26-93
Requested By: Charles Harrington ~~Department: Planning
Report Resolution X Ordinance
Exhibits:
1. Bid tabulation
2. Ordinance
_________________________________________________________________
SUMMARY & RECOMMENDATION
On April 19, 1993, City staff received bids for the construction of
Bay Forest Golf Course Cart Storage and Maintenance Building
Expansions; City of La Porte Project No. 93-5001 (see attached bid
tabulation).
The proposed construction will enlarge the existing buildings to
allow for additional cart storage and for enclosed storage of
maintenance equipment. This will add 3,000 square feet to the
maintenance building and 2,000 square feet to the cart storage
facility.
Staff has evaluated each bid and accompanying documentation for
completeness and accuracy. The low bid was submitted by Derk
Harmsen Construction Company, Inc., in the amount of $65,716.00
with an estimated 60 calendar days to complete the project.
Staff recommends awarding the contract to Derk Harmsen Construction
Company, Inc. in the amount of $65,716.00 with an additional
$3,284.00 to be set aside as contingency, for a total project cost
of $69,000.00.
The budgeted amount for the project was $65,000.00. We recommend
the difference between the budgeted amount and contract, which is
$4,000.00, be taken from the Golf Course available working capital.
Action Required by Council:
Approval of an ordinance authorizing the City Manager to
execute a contract with Derk Harmsen Construction Company,
Inc. in the amount of $65,716.00 for the construction of the
Bay Forest Golf Course Cart Storage and Maintenance Building
Expansion Project No. 93-5001, authorizing an additional
$3,284.00 be set aside as contingency, and amending the Golf
Course budget by $4,000.00.
Availability of Funds:
General Fund
Capital Improvements
X Other
Account No.: 028-800-811-801
Water/Wastewater
General Revenue
Sharing
Funds Available: X Yes No
Approved for City Council Agenda
Robert T. Herrera
City Manager
y - ~1-~i3
Date
ORDINANCE NO. 93-1902
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND DERK HARMSEN CONSTRUCTION COMPANY, INC., FOR
THE CONSTRUCTION OF BAY FOREST GOLF COURSE CART STORAGE AND
MAINTENANCE BUILDING EXPANSIONS; APPROPRIATING $65,716.00 PLUS A
CONTINGENCY OF $3,284.00 TO FUND SAID CONTRACT; 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. City Council appropriates the sum of $65,716.00 plus
a contingency of $3,284.00, for a total appropriation of
$69,000.00, to be appropriated $65,000.00 from Capital
Improvement Fund Account No. 028-800-811-801 and $4,000.00 from
Golf Course available working capital, to fund said contract.
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
ORDINANCE NO. 93- 1902
Page 2
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 26th day of April, 1993.
CITY OF LA PORTE
BY
Norman L. Malone
Mayor
ATTEST:
C erie B ac
City Secretary
APPROVED:
Gam(./, Gin-6~/
Knox W. As ins
City Attorney
O
3 'v
~ ~
o ~ p
o
~ °-
~ ~
O ~
N C1
O
r..
O
-s
N
O
,~ ~
O
O
~
~ A ~
~
-
n n
O
O
3
.-
~~
N
N
N
fA W
=~
~~
z
v
~v~
~
N ~
N ~
M ~
N ~"~
Z
g~
~~
im
~
to ~
o ~
o g
z
~
w ono
cn ~
~ o~i
cn Z~
• Z
W
O W
O y
l
C ~
01
'p
O
O O p
O O
~
~ °°
v
~~
~ C
`° s_
~Q~
W O
z
-I
m
n
~~~
~~~~
~-
m~~~
Z CS
Om~~
cgm
~6rn
z
~Z
N_
O
N
REQU~ FOR CITY COUNCIL AGENDA ~_.[t'
Agenda Date Requested: _..~.,o~.IL ~a ~ ~ oo~
Requested By:
J.L. SEASE Department:
x Report
Exhibits:
BID TABULATIONS
BID LIST
Resolution _
SIIMMARY & RECOMMENDATION
Ordinance
BIDS WERE SENT OUT TO 12•VENDORS WITH 3 RETURNING BIDS.
AFTER REVIEWING THE BIDS, WE RECOMMEND THAT THE BID BE AWARDED TO
THE LOW BIDDER, BROOKSIDE EQUIPMENT SALES, INC. IN THE AMOUNT OF
$11,625.00 FOR THE MODEL 770 JOHN DEERE DIESEL TRACTOR, EQUIPPED
WITH A MODEL 70 LOADER AND A BECTON MWR-60 MOWER.
THE UTILITY TRAILER OPTION IS NOT BEING CONSIDERED.
TOTAL AMOUNT BUDGETED: $12,000
Action Required by Couneil:
AWARD OR REJECT BID
Availability of Funds:
~_ General Fund
Capital Improvement
Other
FIRE
Water/Wastewater
General Revenue Sharing
Account Number: 001-500-501-821 Funds Available: X Y,ES - NO
Aanvroved for Citv Council Agenda
V 1 ~ ~ ~'}.~M,th+~ a _ ~ 1=_9.3 .
Robert T. Herrera •'•~ DATE
City Manager
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
APRIL 15, 1993
T0: JOE SEASE, FIRE CHIEF
FROM: SUSAN KELLEY, BUYER~~~
SUBJECT: SEALED BID #0537 - INDUSTRIAL TRACTOR
Advertised, sealed bids #0537 for industrial tractor were opened
and read on April 12, 1993. Bid requests were mailed to twelve
(12) vendors with three (3) returning bids and five (5) no-bids.
Copies of the bids are attached for your review.
Please submit your recommendation with an agenda request form by
the prescribed time before the next regular council meeting. If
there is a need to delay bringing this bid before council, please
notify me.
Attachment: Bid Copies
Bid Tabulation
Bid List
BID TABULATION
BID #0537 - INDUSTRIAL TRACTOR
DESCRIPTION BROOK-
SIDE LANS-
DOWNE JOHNSON
& ROACH PRECO HI-
WAY CASE WAUKE
SHA MUST.
TRACTOR
W/LOADER &
MOWER
$11,625
$12,497
$12,695 NO
BID NO
BID NO
BID NO
BID NO
BID
OPTION
UTILITY
TRAILER $ 1,734 $ 1,848 $ 1,500
TOTAL $13,359 $14,345 $14,195
• ~
BIDDER'S LIST
SEALED BID #0537 - INDUSTRIAL TRACTOR
HI-WAY EQUIPMENT CO.
P.0. BOX 14174
HOUSTON, TX 77221
ATTN: DAN BLADE
713-649-0940
BROOKSIDE EQUIP. CO.
P.0. BOX 262324
HOUSTON, TX 77207
ATTN: BRANT NORTH
713-943-7100
A. I. S. CONSTRUCTION EQUIPMENT CORP. WOWCO
8505 S. CENTRAL EXPRESSWAY 5430 HWY 146
DALLAS, TX 75239 BAYTOWN, TX 77520
ATTN: CHARLES WHIPPO ATTN: BILL WALLACE
800-422-0642 713-383-2333
WEARING-GOSS EQUIPMENT CORP.
P.0. BOX 18386
SAN ANTONIO, TX 78218
ATTN: MIKE MASON
512-653-0111
JOHNSON & ROACH
P.0. BOX 25085
HOUSTON, TX 77265
ATTN: JACK STEAGALL
713-521-3013
HIGHLANDS TRACTOR
P.O. BOX 924
HIGHLANDS, TX 77562
SEALED BID ENCLOSED
713-426-4216
CASE POWER & EQUIPMENT
P.O. BOX 4520
HOUSTON, TX 77210
ATTN: JACK BAILEY
713-987-1990
PRECO MACHINERY SALES
P.0. BOX 12625
HOUSTON, TX 77217
ATTN: JOE GALLO
713-641-2161
LANSDOWNE-MOODY
1600 FM 528
WEBSTER, TX 77598
SEALED BID ENCLOSED
713-338-1683
MUSTANG TRACTOR & EQUIP.
12800 NORTHWEST FREEWAY
HOUSTON, TX 77040
ATTN: LEON WILLIAMS
713-460-2000
WAUKESHA PEARCE IND.
P.0. BOX 35068
HOUSTON, TX 77235-5068
ATTN: ROGER MCFARLAND
713- 723-1050