HomeMy WebLinkAbout1993-06-14 Public Hearing and Regular Meeting
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AGENDA
PUBLIC HEARING AND REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE
HELD JUNE 14, 1993, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604
WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M.,
Next Ord. 93-1912
Next Res. 93-07
1. CALL TO ORDER
2. INVOCATION BY COUNCILPERSON MIKE COOPER
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING MAY 24, 1993
4. CONSIDER APPROVING MINUTES OF SPECIAL CALLED JOINT WORKSHOP
MEETING CITY COUNCIL AND CHAMBER OF COMMERCE JUNE 7, 1993
5. PRESENTATION TO CITY COUNCIL BY LA PORTE BAY SHORE CHAMBER OF
COMMERCE
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAXPAYERS WISHING TO ADDRESS COUNCIL
7 . PUBLIC HEARING - TO CONSIDER AMENDMENTS TO THE CITY OF LA
PORTE ZONING ORDINANCE 1501, A. SECTION 3-100: NEW DEFINITION
OF PORTABLE SIGN; B. SECTION 6-400, COMMERCIAL TABLE A: MINI
WAREHOUSE STORAGE (SIC 4225) AS A CONDITIONAL USE IN GENERAL
COMMERCIAL ZONES; C. SECTION 10-1000, SIGN REGULATION; REPLACE
THE EXISTING SECTION 10-1000 WITH A NEW SECTION 10-1000 WHICH
WILL REGULATE PORTABLE SIGNS, POLITICAL SIGNS, FREESTANDING
AND ATTACHED ON PREMISE SIGNS, OFF PREMISE SIGNS AND REAL
ESTATE SIGNS.
OPEN PUBLIC HEARING
REVIEW BY STAFF OF AMENDMENTS
PUBLIC INPUT
RECOMMENDATION OF PLANNING & ZONING COMMISSION
CLOSE PUBLIC HEARING
8. CONSIDER APPROVING ORDINANCE ADOPTING THE AMENDMENTS TO THE LA
PORTE ZONING ORDINANCE 1501 (Ord. 1501-P) - C. Harrington
9. CONSIDER AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS AND
COMMISSIONS TO FILL EXPIRED TERMS (Ord. 93-1912) - K. Askins
10. CONSIDER APPROVING A RESOLUTION ACCEPTING A GRANT OFFER FOR
CONSTRUCTION OF AIRPORT IMPROVEMENTS AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT (Res. 93-07) - S. Gillett
11. CONSIDER APPROVING AN ORDINANCE AUTHORIZING A CONTRACT BETWEEN
THE CITY OF LA PORTE AND JONES G. FINKE, INC.,FOR CONSTRUCTION
OF AIRPORT IMPROVEMENTS AT THE LA PORTE MUNICIPAL AIRPORT
(Ord. 93-1913) - S. Gillett
12. CONSIDER APPROVING AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH PAS-KEY CONSTRUCTION SERVICE, INC.,
FOR THE CONSTRUCTION OF A 25 CAR CONCRETE PARKING LOT LOCATED
AT FIRE STATION NO. 2 (Ord. 93-1914) - C. Harrington
....
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13. CONSIDER APPROVING AN ORDINANCE AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF LA PORTE AND THE LA PORTE AREA WATER
AUTHORITY FOR THE OPERATION AND MAINTENANCE OF THE AUTHORITY'S
SURFACE WATER TRANSMISSION SYSTEM (Ord. 93-1915) - S. Gillett
14. CONSIDER APPROVING AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH BEHAVIORAL HEALTH, INC., TO PROVIDE
AN EMPLOYEE ASSISTANCE PROGRAM TO THE CITY (Ord. 93-1916) - L.
Rigby
15. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON
FOR DISCUSSION
A. CONSIDER AWARDING A BID FOR CHLORINE AND SULFUR DIOXIDE -
S. Gillett
B. CONSIDER AWARDING BIDS FOR CEMENT STABILIZED SAND AND
UTILITY BEDDING MATERIAL - S. Gillett
C. CONSIDER AWARDING A CONTRACT FOR THE ANNUAL FURNISHING OF
CONCRETE - S. Gillett
D. CONSIDER DECLARING B & G CHEMICALS & EQUIPMENT CO., INC.
A SOLE SOURCE VENDOR AND AUTHORIZE PURCHASE OF CHEMICALS
FOR MOSQUITO CONTROL - S. Gillett
E. CONSIDER PURCHASE OF A CRIMINAL INVESTIGATION VEHICLE -
B. Powell
16. ADMINISTRATIVE REPORTS
A. ANNUAL CITY AUCTION JUNE 19, CITY OF LA PORTE AND CITY OF
DEER PARK
17. COUNCIL ACTION
18. EXECUTIVE SESSION - V .A. T. S. - ARTICLES 6252-17, SECTION 2 (E) ,
(F), (G), (R) (LEGAL, LAND ACQUISITION, PERSONNEL, AND
CONFERENCE(S) WITH EMPLOYEE(S) TO RECEIVE INFORMATION)
A. SECTION 2(G) - (PERSONNEL)
CONSIDER APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
TO FILL EXPIRED TERMS
19 . ADJOURNMENT
If during the course of the meeting covered by this agenda the
Council should determine that a closed or executive meeting or
session of the Council should be held or is required in relation to
an item noticed in this agenda, then such closed or executive
meeting or session as authorized by TEX. REV. CIV. STAT. ANN. Art.
6252-17(a) (Open Meetings Act) will be held by the Council at that
date, hour and place given in the meeting notice or as soon after
the commencement of the meeting covered by the meeting notice as
the Council may conveniently meet in such closed or executi ve
meeting or session concerning any and all subjects and for any and
all purposes permitted by Section 2 (c) through Section 2 (r) ,
inclusive of said Open Meetings Law, including, but not limited to:
Section 2(d) - For the purpose of excluding witness or witnesses
from a hearing during examination of another
witness.
Section 2(e) - For the purpose of a private consultation with the
Council's attorney on any or all subjects or
matters authorized by law.
Section 2(f) - For the
exchange,
purpose of discussing the purchase,
lease or value of real property and
.
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MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING OF LA PORTE
CITY COUNCIL
JUNE 14, 1993
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, Bob Thrower, Alton
Porter, Deotis Gay, Jack Maxwell, Jerry Clarke
Members of city Council Absent:
McLaughlin
Members of City Staff Present: Director of Public Works
Steve Gillett, City Attorney Knox ASkins, City Secretary Sue
Lenes, Director of Administrative Services Louis Rigby, Police
Chief Bobby Powell, Planning Director Chuck Harrington, Buyer
Susan Kelley
Councilperson
Bob
Members of Plannina and Zonina Commission Present:
Chairman Betty Waters and members Eugene Edmonds and Dottie
Kaminski
Others Present:
A number of citizens
2. The invocation was given Councilperson Mike Cooper.
3. Council considered approving minutes of the Regular Meeting
May 24, 1993.
Motion was made bv CouncilDerson Maxwell to apDrove the Mav 24
minutes as Dresented. Second by Councilperson Thrower. The
motion carried, 7 ayes and 0 nays and 1 abstaining.
Ayes: Councilpersons Sutherland, Cooper, Thrower, Gay,
Maxwell, Clarke and Mayor Malone
Nays: None
Abstain: Councilperson Porter
4. Council considered approving minutes of the Special Called
Workshop Meeting with city Council and Chamber of Commerce
June 7, 1993.
Motion was made by councilperson Thrower to aDDrove the June
7 minutes as Dresented. Second by Councilperson Cooper. The
motion carried, 8 ayes and 0 nays.
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Minutes Public Hearinq and Reqular Meetinq
La Porte city Council
June 14, 1993, paqe 2
Nays:
councilperson Sutherland, Cooper, Thrower, Porter,
Gay, Maxwell, Clarke and Mayor Malone
None
Ayes:
5. President of the La Porte Bayshore Chamber of Commerce
Kathleen Lemon made a presentation to the city Council. A
framed pen and ink picture of La Porte Business, Industries
and City facilities was presented to Mayor Malone for the City
and a copy was presented to each Council member. Ms. Lemon
extended an invitation to the Council to attend the Chamber
Hamburqer Cook-out to be held this Thursday June 17.
6. Mrs. Marqueri te Ferquson addressed Council reqardinq her
concerns for offerinq a qun safety course to younq people 14
to 18 years of aqe.
7. Public Hearinq to consider amendments to the City of La Porte
Zoninq Ordinance 1501, A. section 3-100; New Definition of
Portable Siqn; B. section 6-400, Commercial Table A: Mini
Warehouse Storaqe (Sic 4225) As a Conditional Use In General
Commercial Zones; C. section 10-1000, Siqn Requlation;
Replacinq The Existinq section 10-1000 With a New section 10-
10000 Which will requlate Portable siqns, Political Siqns,
Freestandinq and Attached On Premise Siqns, Off Premise Siqns
and Real Estate Siqns.
Public Hearinq Opened at 6:10 P.M.
Planninq Director Chuck Harrinqton addressed the major items
of chanqe in the existinq ordinance and the proposed
amendments for consideration.
Public InPut:
There were no citizens to speak in favor of the amendments.
Speakinq aqainst the Real Estate section of the amendments
were B. Don Skelton, representinq Skelton Realty; Decker
McKim, representinq Decker McKim Realty and Eddie Gray
Developer of Fairmont Park; Elton Johnson, representinqM.H.I.
(Pioneer Homes, Plantation Homes); Sally Rankin, representinq
Gary Green Realty, reqardinq waterfront properties; Wes
Dorrell representinq Hampton Homes.
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Minutes Public Hearing and Regular Meeting
La Porte City Council
June 14, 1993, Page 3
Planning Director Chuck Harrington answered Council's
questions regarding real estate signs section of the proposed
amendments.
Chairman of Planning and Zoning commission Betty Waters
addressed questions from Council regarding the recommendations
of the Planning and zoning Commission regarding amendments to
ordinance 1501.
Mayor Malone closed the public hearing at 6:38 p.m.
Mayor Malone introduced the members of the Planning and zoning
commission who were present tonight, Chairperson Betty Waters,
members Dottie Kaminski and Eugene Edmonds and thanked them
for their long hours and hard work.
8. Council considered approving ordinance adopting the amendments
to the La Porte Zoning Ordinance 1501.
The City Attorney read: ORDINANCE 1501-P - AN ORDINANCE
AMENDING ORDINANCE 1501, THE CITY OF LA PORTE ZONING
ORDINANCE, ARTICLE III, SECTION 3-100; ARTICLE VI, SECTION 6-
400, TABLE A, COMMERCIAL; AND REPEALING AND REPLACING ARTICLE
X, SECTION 10-1000; ET. SEQ. PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY
OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF
NOT MORE THAN ONE THOUSAND DOLLARS ($1, 000 . 00) FOR EACH
VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETING LAW;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Clarke to table Ordinance
1501-P until we have a chance to discuss it further. Second
by Councilperson Thrower. The motion to table Ordinance 1501-
P carried, 8 ayes and 0 nays.
Ayes:
Nays:
Councilpersons Sutherland, Cooper, Thrower, Porter,
Gay, Maxwell, Clarke and Mayor Malone
None
9. Council considered an ordinance appointing members to various
boards and commissions to fill expired terms.
City Attorney recommended taking this item to executive
session. Council deferred this item to the executive session
and adjourned at 6:41 p.m.
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Minutes Public Hearing and Regular Meeting
La Porte City Council
June 14, 1993, Page 4
Executive Session - V.A.T.S. - Articles 6252-17, section 2
(E), (F), (G), (R) - (Legal, Land Acquisition, Personnel, and
Conference(s) with Employee(s) To Receive Information)
A. section 2(G) - (Personnel)
Consider Appointments To Various Boards And Commissions
To Fill Expired Terms
Council returned to the table at 6:55 and considered Ordinance
93-1912.
(Councilperson Porter was absent from the table)
The City Attorney read: ORDINANCE 93-1912 - AN ORDINANCE
APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND
COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
The City Attorney read: The Fire Code Review Committee of the
City of La Porte, for terms beginning on the effective date
hereof, and expiring on May 30 of the year indicated.
District 1 Delbert Walker 1996
District 2 Richard Browder 1994
District 3 Tom Haves 1994
District 4 Robert Daniel 1995
District 5 Charlie Younq 1995
District 6 Dovle Westerqren 1996
At Large, A Bryan Moore 1995
At Large, B Tom Handv 1996
Mayor Emerv Farkas 1994
Ex Officio Joe Sease, Fire Chief
Ex Officio Paul Hickenbottom, Fire Marshall
Ex Officio Ervin Griffith, Chief BId. Official
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Minutes Public Hearing and Regular Meeting
La Porte City Council
June 14, 1993, Page 5
(Section 2.) Is deleted and will appear on the next Council
meeting as a separate ordinance to appoint a member to the
civil Service commission.
City of La Porte Planning and Zoning Commission have already
been staggered for three year terms expiring May 30, 1996 -
Chairman
Betty Waters
District 1
Inge Browder
District 6
Ronald R. Graqq
City appointments to La Porte Area Water Authority terms to
expire May 30, 1995.
position 2
Albert D. Fields
position 3
Rodney J. Etchberqer
City of La Porte Electrical Board terms to expire on May 30 of
the year following named member.
Chairman Bob McLauqhlin 1994
position 1 Terry Groff 1994
position 2 Gene Pfeiffer 1995
position 3 Kenneth Kendrick 1995
Position 4 Jim Counts 1995
Airport Advisory Board for the City of La Porte Municipal
Airport terms expiring May 30 of the year indicated.
position 1
Cliff HYde. Jr
1996
position 2
Larry Tucker
1996
position 5
Hector Villarreal
(for an unexpired term)
1995
Airline
Representative -
Dan MYhaver
1996
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Minutes Public Hearing and Regular Meeting
La Porte City Council
June 14, 1993, Page 6
Motion was made bv Councilperson Maxwell to aDDrove the
Ordinance 9~-1912 as read by the city Attorney. Second by
councilperson Thrower. The motion carried, 7 ayes and 0 nays.
(Councilperson Porter was away from the table)
Nays:
Councilpersons Sutherland, Cooper, Thrower, Gay,
Maxwell, Clarke and Mayor Malone
None
Ayes:
Mayor Malone congratulated Chairperson Betty Waters on her re-
election to the planning and Zoning commission and ask if she
would like to address Council.
Mrs. Waters said, "she would like to impress Council with the
fact we have a good and hard working commission who work well
together and each one is interested in the betterment of the
city of La Porte and any item which Planning and Zoning has
submitted for Council's approval has been a consideration for
the entire city's benefit."
10. Council considered approving a resolution accepting a grant
offer for construction of airport improvements and authorizing
the Mayor to execute an agreement with the Federal Aviation
Administration in the amount of $1,546,359.00, representing
90% of the total project and appropriate the sum of
$171,818.00 for the City's 10% matching share.
The city Attorney read: RESOLUTION 93-07 - A RESOLUTION
ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION
ADMINISTRATION FOR AIRPORT PROJECT NO. 3-48-0127-06-93;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Thrower to aDDrove Resolution
93-07 as read by the City Attorney. Second by Councilperson
Gay. The motion carried, 7 ayes and 0 nays. (councilperson
Porter was away from the table)
Nays:
councilpersons Sutherland, Cooper, Thrower, Gay,
Maxwell, Clarke and Mayor Malone
None
Ayes:
11. Council considered approving an ordinance authorizing a
contract between the city of La Porte and Jones G. Finke,
Inc., for construction of airport improvements at the La Porte
Municipal Airport.
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Minutes Public Hearing and Regular Meeting
La Porte City Council
June 14, 1993, Page 7
City Attorney read: ORDINANCE 93-1913 - AN ORDINANCE APPROVING
AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
JONES G. FINKE, INC., FOR CONSTRUCTION OF IMPROVEMENTS AT THE
LA PORTE MUNICIPAL AIRPORT; APPROPRIATING $1, 468, 335. 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 Clarke to aDprove the
Ordinance 93-1913 as read by the citv Attornev. Second by
Councilperson Thrower. The motion carried, 7 ayes and 0 nays.
(Councilperson Porter was away from table)
Nays:
councilpersons Sutherland, Cooper, Thrower, Gay,
Maxwell, Clarke and Mayor Malone
None
Ayes:
Councilperson Porter returned to the council table at 7:05
12. Council considered approving an ordinance authorizing the City
Manager to execute a contract with Pas-Key Construction
Service, Inc., for the construction of a 25 car concrete
parking lot located at Fire station No.2.
The City Attorney read: ORDINANCE 93-1914 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND PAS-KEY CONSTRUCTION SERVICE, INC., FOR CONSTRUCTION
OF FIRE STATION NO. 2 PARKING LOT EXPANSION; APPROPRIATING
$27,414.20 PLUS A CONTINGENCY OF $2,585.80 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 bv CouncilDerson COODer to aDDrove Ordinance
93-1914 as read bv the city Attorney. Second by Councilperson
Clarke. The motion carried, 8 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Cooper, Thrower, Porter,
Gay, Maxwell, Clarke and Mayor Malone
None
Ayes:
13. Council considered approving an ordinance authorizing an
agreement between the City of La Porte and the La Porte Area
Water Authority for the operation and maintenance of the
Authority's surface water transmission system.
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Minutes Public Hearing and Regular Meeting
La Porte city council
June 14, 1993, Page 8
The City Attorney read: ORDINANCE 93-1915 - AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA
PORTE AND THE LA PORTE AREA WATER AUTHORITY, FOR OPERATION AND
MAINTENANCE OF THE AUTHORITY'S SURFACE WATER TRANSMISSION
SYSTEM; 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 CouncilDerson COODer to apDrove Ordinance
93-1915 as read bv the citv Attornev. Second by Councilperson
Thrower. The motion carried, 8 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Cooper, Thrower, Porter,
Gay, Maxwell, Clarke and Mayor Malone
None
Ayes:
14. Council considered approving an ordinance authorizing the City
Manager to execute a contract with Behavioral, Health, Inc.,
to provide an employee assistance program to the City.
The city Attorney read: ORDINANCE 93-1916 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND BEHAVIORAL HEALTH, INC., TO PROVIDE AN EMPLOYEE
ASSISTANCE PLAN; APPROPRIATING $9,576.00 TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FIND COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv CouncilDerson Thrower to aD~rove Ordinance
93-1916 as read by the City Attorney. Second by Councilperson
Clarke. The motion carried, 8 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Cooper, Thrower, Porter,
Gay, Maxwell, Clarke and Mayor Malone
None
Ayes:
15. Council considered a consent agenda as follows: A. Consider
awarding a bid for chlorine and sulfur dioxide; B. Consider
awarding bids for cement stabilized sand and utility bedding
material; C. Consider awarding a contract for the annual
furnishing of concrete; D. Consider declaring B & G Chemicals
& Equipment Co., Inc., a sole source vendor and authorizing
purchase of chemicals for mosquito control; E. Consider
purchase of a criminal investigation vehicle.
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Minutes Public Hearing and Regular Meeting
La Porte city council
June 14, 1993, Page 9
Motion was made bv CouncilDerson Thrower to approve the
consent aaenda as presented. Second by Councilperson Gay.
The motion carried, 8 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Cooper, Thrower, Porter,
Gay, Maxwell, Clarke and Mayor Malone
None
Ayes:
16. An administrative report was given to Council by Director of
Administrative Services Louis Rigby regarding the annual City
Auction to be held Saturday, June 19 at the Public Works
Service Center, 2963 North 23rd Street. This is a cooperative
auction between city of La Porte and City of Deer Park. The
gates will open at 8:00 A.M. and auction will begin at 10:00
A.M. Director of Public Works Steve Gillett reported to
Council the recycling site has been moved across the street
from Public Works to the Safety Short Production Inc., for the
convenience of the citizens.
17. Councilpersons Porter, Gay, Maxwell, Clarke, Sutherland and
Mayor Malone brought items to the council's attention.
Council scheduled a workshop meeting with the Planning and
Zoning commission and the City Council to be held in the City
Council Chambers, Monday, June 21, 1993, at 5:00 P.M.
18. The executive session was held previously with Item 9.
19. There being no further business to come before Council, the
meeting was adjourned at 7:39 P.M.
Respectfu~submi tte~
~~
Sue Lenes, City Secretary
Passed
day of
the 28th
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fiNd
.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 14, 1993
Requested By: C. HarringtoncYJl' Department:
Planning
Report
Resolution XX
Ordinance
Exhibits:
1.
2.
Ordinance
Amendments
SUMMARY & RECOMMENDATION
SummarY
As City Council may recall, on March 1, 1993, the Council directed the Planning and
Zoning Commission to review Section 10-1000, Sign Regulations, of the City of La
Porte Zoning Ordinance. Following the Council's direction the Commission began a
comprehensive review of the sign regulations with emphasis on areas of known
concern. The review of the regulations was completed over a series of two
workshops and one public hearing conducted during the month of April. A new
section was drafted to meet the changing conditions of La Porte during the past two
years since the ordinance was last amended.
In addition the Planning and Zoning Commission also initiated a change to Section
6-400, Commercial Table A. In the past mini-warehouses were restricted to Industrial
Zoning Districts only. As these types of uses are designed to serve primarily
residential customers, this restriction was limiting the warehouses ability to serve their
clients. By allowing their use in the General Commercial (GC) District by Conditional
Use Permit, we will allow them to be closer to their cliental and at the same time
insure that their development will not detract from the surrounding neighborhood.
Attached please find a copy of the proposed new regulations that are presented for
Public Hearing. These proposals were unanimously recommended by the Planning and
Zoning Commission following their Public Hearing.
Recommendation
The Planning and Zoning Commission recommends that City Council hold a Public
Hearing on the proposed changes to Section 3-1000, Section 6-400, and Section
10-1000 of the City of La Porte Zoning Ordinance and approve an ordinance adopting
those amendments.
Action Required by Council:
1. Hold Public Hearing on proposed ordinance amendments.
2. Approve Ordinance L- adopting the amendments to sections 3-100, 6-400
and 10-1000 of the Zoning ordinance for the City of La Porte.
Availability of Funds: N/A
General Fund
Capital Improvement
Other (None required)
VVatertvVastewater
General Revenue Sharing
Account Number:
Funds Available:
YES NO
Aooroved for City Council Agenda
Q~l.~
Cs,-8'.Q"3
Robert T. Herrera
City Manager
DATE
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~'~~I 0
ORDINANCE NO. 1501-P
AN ORDINANCE AMENDING ORDINANCE 1501, THE CITY OF LA PORTE
ZONING ORDINANCE, ARTICLE ill, SECTION 3-100; ARTICLE VI, SECTION 6-400,
TABLE ^ COMMERCIAL; AND REPEALING AND REPLACING ARTICLE X,
SECTION 10-1000; ET. SEQ. PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF TIllS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT
MORE THAN ONE THOUSAND DOLLARS ($1,000.00) FOR EACH VIOLATION;
FINDING COMPUANCE WITH THE OPEN MEETING LAW; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING ASA VINGS CLAUSE; 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 finds,
determines and declares that heretofore, to-wit, on the 29th day of April, 1993, at 7:00 p.m.,
a public hearing was held before the Planning and Zoning Commission of the City of La
Porte, Texas, pursuant to due notice, to consider the question of the possible amendment
of the Zoning Ordinance as herein described. There is attached to this Ordinance as
Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes,
the publisher's affidavit of publication of notice of said hearing.
Section 2.
Subsequent to such public hearing, the City of La Porte
Planning and Zoning Commission met in regular session on April 29, 1993, at 7:00 p.m., to
consider the Ordinance amendments which were the subject of such public hearing. The
City Council of the City of La Porte is in receipt of the written recommendations of the City
of La Porte Planning and Zoning Commission, by letter dated May 5, 1993, a true copy of
which letter is attached hereto as Exhibit "B", and incorporated by reference herein, and
made part hereof for all purposes.
Section 3.
The City Council of the City of La Porte hereby finds,
determines and declares that on the 14th day of June, 1993, a public hearing was held
before the City Council of the City of La Porte, Texas, pursuant to due notice, to consider
the recommendation of the City of La Porte Planning and Zoning Commission. There is
attached to this Ordinance as Exhibit "C", and incorporated by reference herein and made
a part hereof for all purposes, the publisher's affidavit of publication of notice of said public
hearing for the City Council of the City of La Porte.
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Ordinance 1501-P Page 2
Section 4.
The City Council of the City of La Porte hereby finds,
determines and declares that all prerequisites of law have been satisfied, and hereby
determines and declares that the amendments to Ordinance 1501, the Zoning Ordinance of
the City of La Porte, are desirable and in furtherance of the goals and objectives stated in
the City of La Porte's Comprehensive Plan.
Section 5. Article ill, Section 3-100 (Definitions) of the Zoning
Ordinance is hereby amended by striking the definition of portable sign and replacing it with
a new definition. Said definition is set out on Page 1 of Exhibit "D", which is attached
hereto and is fully incorporated by reference herein.
Section 6. Article VI, Section 6-400 (Table A, Commercial), of the
Zoning Ordinance of the City of La Porte is hereby amended by adding mini-warehousing
(SIC #4225) as a business activity to be prohibited in Neighborhood Commercial Zones and
permitted as a Conditional Use in General Commercial Zones. Said change is set out on
Page 2 of Exhibit "D".
Section 7. Article X, Section 10-1000 of the Zoning Ordinance of
the City of La Porte is hereby repealed and replaced with a new Section 10-1000 Et. Seq.
regulating on and off premise signs, establishing sign permit requirements and referencing
penalties for violating the terms of said section. Said changes are set out on Pages 3
through 10 of Exhibit "D".
Section 8. Any person, as defined in Section 1.02(27) Texas Penal
Code, who shall violate any provision of this ordinance, shall be deemed guilty of a
misdemeanor and upon conviction shall be punished by a fine not to exceed One Thousand
Dollars ($1,000.00). Each day a violation of this ordinance shall constitute a separate
violation.
Section 9. 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, it is hereby declared
to be the intention of the 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.
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Ordinance 1501-P Page 3
Section 10.
All rights or remedies of the City of La Porte, Texas, are
expressly saved as to any and all violations of any Zoning Ordinance or amendments
thereto, of said City of La Porte, that have\ accrued at the time of the effective date of this
Ordinance; and as to such accrued violation, the court shall have all the powers that existed
prior to the effective date of this Ordinance; and as to such accrued violation, the court shall
have all the powers that existed prior to the effective date of this Ordinance; and that all
existing violations of previous zoning ordinances which would otherwise become non-
conforming uses under this Ordinance but shall be considered as violations of this
Ordinance in the same manner that they were violations of prior zoning ordinances of said
City of La Porte.
Section 11.
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 Statues 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 12.
This Ordinance shall become effective fourteen (14) days
after its passage and approval. The City Secretary shall give notice to the passage of the
ordinance by causing the caption to be published in the official newspaper of the City of La
Porte at least twice within ten (10) days after the passage of the Ordinance.
PASSED AND APPROVED TIllS
DAY OF
,1993.
CITY OF LA PORTE
By:
NORMAN MALONE
Mayor
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Ordinance 1501-P Page 4
ATfEST:
By:
SUE LENES
City Secretary
APPROVED:
By:
JOHN D. ARMSTRONG
Assistant City Attorney
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La Pone. Texas 77571
(713) 471-1234
1200 Hwy. 146
Suite 180
P.O. Box 1414
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Sandra E. Bumgarner, duly authorized
agent of The Bayshore Sun, a semi-weekly newspaper
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of ~rril 1d, 19Q)
~~"...d,r.-L-;.i. A~."y~ c:-.tf-.....~'-'.
, .~
Sandra E. Bumgarner
Office Manager
Sworn and subscribed before me
A.D.19Q3.
th!is L day of Yna"..v._
j(J
~~~~ )n. Y.du~\
J .
Notary PubllC
Harris County, Texas
FRANCES M. WilLIAMS
Nolary PullllC
STATE Of TEXAS
My Comm. up. Marcil 26. 1994
EXH1B1T 1\
.
'PUBU~~ NOTICE
. NOTICE OF
PUBLIC HEARING.
'.
'.' ..t..
"
.' .. '.. ~
--'I
In accordance with the provisions at
Ordinance. 1501, the City at La Porte Zon-
ing Ordinance. notice is hereby given that
the La Porte Planning and Zoning Com-
mission will conduct a publiC hearing at
7:00 P.M. on the 29th dayot Apiil;'1993, in
the Council Chambers of the City Hall,
604 West Fairmont Parkway, La Porte,
Texas. The purpose ot the Public Hearing
is to consider the following amendments
to the City of La Porte Zoning Ordinance
#1501. .
B.Amend
merCial, tosig
(SIC4225)asaC
'af Commercial Z'
i
,C. Delete Sign Regulation
10-1000 and create a new
10-1000 regulating signs
A regular meeting of the Planning and
Zoning Commission will follow the pUbb-Ct
hearing for the purpose ot acting upon ttta'i,
public hearing item and to conduct other 1
matters pertaining to the Commissioll':'
, I . "
Citizens wishing to address the Commis-
sion pro or con during the Public Hearing
will be required to sign in before the meet-
ing is convened. , :.
CITY OF LA PORTE
Cherie Black
City Secretary
EXHIBIT A
.~.
Section'
Sectiolii
.
-, .:
~ .. ~~
;:-~.
-
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:~~
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
)
)
)
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 1501, the City
of La Porte Zoning Ordinance, notice is hereby given that the La
Porte Planning and Zoning commission will conduct a public hearing
at 7:00 P.M. on the 29th day of April, 1993, in t:he Council
Chambers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of the Public Hearing is to consider the
following amendments to the City of La Porte Zoning Ordinance
#1501:
A. Amend sign definitions included in Definition section 3-
100
B. Amend ,Section 6-400, Table A, Commercial, to designate
mini-warehousing (SIC 4225) as a Conditional Use in
General Commercial Zones
C. Delete Sign Regulation section 10-1000 and create a new
section 10-1000 regulating signs
A regular meeting of the Planning and Zoning commission will
follow the public hearing for the purpose of acting upon the public
hearing item and to conduct other matters pertaining ,to the
Commission.
citizens wishing to address the Commission pro or con during
the Public Hearing will be required to sign in before the meeting
is convened.
CITY OF LA PORTE
Cherie Black
City Secretary
EXHlBlT ~
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~-~
CITY OF LA PORTE
P,,"ONE (713) 471,5020 . P 0, Box 1 1 15 . LA PORTE, TEXAS 77572
May 5, 1993
Honorable Mayor Norman Malone and City Council
Re: Proposed Amendments to Zoning Ordinance 1501
Dear Mayor Malone,
The Planning and Zoning Commission, at its April 29, 1993, Public Hearing considered the
following amendments to City Zoning Ordinance 1501.
ARTICLE THREE
Section 3-100: Delete the existing definition of Portable Sign and replace it with a new
definition.
ARTICLE SIX
Table A Commercial: Amend Table A by adding Mini-warehouse Storage (SIC 4225) as
a Conditional Use in General Commercial Zones.
ARTICLE TEN
Section 10-1000: Delete the existing section 10-1000 (sign regulations) and replace it with
a new section to regulate signage as follows:
10-1001:
10-1002:
10-1003:
10-1004:
10-1005 :
10-1006:
10-1007:
10-1008:
General Regulations
Portable Signs
Political Signs
On Premise Signs (Free Standing and attached to buildings)
Off Premise Signs
Real Estate Signs
Permits
Enforcement
EXH'BIT B
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Page 2 of 2
Mayor and City Council
Zoning Ordinance Amendments
The Commission, by unanimous vote, has recommended City Council approval of all the
above noted Zoning Ordinance amendments.
Respectfully submitted,
~. /)
I (-)(I U /-:z-
',... ~ J- /.:G/a/~
et~. Waters
Chairman, Planning and Zoning Commission
xc: Planning and Zoning Commission Members
Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
EXHIBIT B
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TheB
La Pone, Texas 77571
(713) 471-1234
1200 Hwy. 146
Suite 180
P.O. Box 1414
re Sun
_.>>:;.:}:>,.w . ,.:>,._._.
County of Harris
State of Texas
Before me, the undersigned authority, on this date
carne and appeared Sandra E. Bumgarner, duly authorized
agent of The Bayshore Sun, a semi-weekly newspaper
-
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
publ ished in The Bayshore Sun of May 30. 1993
t~J~~ j_~~4~'--
U
Sandra E. Bumgarner
Office Manager
Sworn and subscribed before
A. D. 1913.
, (l
me this -L-- day of )f~
~-cG14"r;.J /JJ, ,~f.,'~..~
Notary Public
Harris County, Texas
EXH1BlT C
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Parkway, La Porte, Texas. The purpose
PUBLIC NOTICE of the Public Hearing is to consider the fol.
THE STATE OF TEXAS lowing amendments to the City of La
COUNTY OF HARRIS Porte Zoning .Ordinance #1501:
CITY OF LA PORTE,
,~ ~t; ICLE THREE
NOTICE OF S tion 3-100: Delete the existing defini-
PUBLIC HEARING -.., n of Po~ble Sign and replace it with a
/.' ew"aeJi~nli. .
In accordance with the provisiQ,Q.YOf ~
Ordinance 1501, the City of La Porte Zon- ARTICL~ IX .
ing Ordinance, notice is hereby given thaI' s~e ,Table A. Commercial:
the La Porte City Council will conduct a, Amend Table A by adding Mini-
public hearing at 6:00 P.M. on the 14th Warehouse Storage (SIC 4225) as aCon-
day of June, 1993, in the Council Cham- ditional Use in General Commercial
bers of the City Hall, 604 West Fairmonl ,Zones.
ARTICLE TEN
Section 10-1000: Delete the existing sec-
tion 10-1000 (sign regulations) and
replace it with a new section to regulate
signage as follows:
10-1001: General Regulations: Regulat-
ing the following: Compliance with other-
city ordinances, maintenance require-
ments, general location criteria and viola-
tion clause.
10-1002: Portable Signs: Regulating the
following: Allowable locations by zoning
district, permitting criteria, anchorage
, requirements, lighting criteria and viola-
tion clause.
10-1003: Political Signs: Regulating the
following: Location criteria, anchorage
requirements and requirements for
removal.
10-1004: On Premise Signs (Freestand-
ing and attached to buildings): Regulating
the following: Allowable location by zon-
ing district, allowable size, lighting criteria.
setback requirements, criteria for deter-
mining number of signs allowed for specif-
ic locations.
110-1005: Off Premise Signs: Regulating
th~ following: Allowable location by zon-
ing district, size and height requirements,
structural criteria, separation between off
premise signs.
10-1006: Real Estate Signs: Regulating
the following: On and off premise signs
utilized market property located within
----
EXHIBIT C
recorded subdivision, also regulating ~ze
and height of signs, setback from property
lines, numbers and location of signs
establishing' permitting criteria.
10-1007: Permits: Establishing require-
ments for permitting the construction of
placement of freestanding signs.
10-1008: Enforcement: Referencing Sec-
tion 11-700 regarding penalties for violat-
ing the terms of Section 10-1000, et seq.
A regular meeting of the City Council
will follow the public hearing the purpose
of acting upon the public hearing items
and to conduct other matters pertaining to
the Council.
Citizens wishing to address the City
Council pro or con during the Public Hear-
ing will be required to sign in before the
meeting is convened.
CITY OF LA PORTE
Sue Lenes
City Secretary
e e
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 1501, the City
of La Porte Zoning Ordinance, notice is hereby given that the La
Porte city Council will conduct a public hearing at 6:00 P.M. on
the 14th day of June, 1993, in the Council Chambers of the City
Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of
the Public Hearing is to consider the following amendments to the
city of La Porte zoning Ordinance #1501:
ARTICLE THREE
Section 3-100: Delete the existing definition of Portable sign
and replace it with a new definition.
ARTICLE SIX
Section 6-400,
Table A. Commercial: Amend Table A by adding Mini-warehouse
Storage (SIC 4225) as a Conditional Use in General Commercial
Zones.
ARTICLE TEN
section 10-1000: Delete the existing section 10-1000 (sign
regulations) and replace it with a new section to regulate
signage as follows:
10-1001: General Regulations: Regulating the following:
Compliance with other city ordinances, maintenance
requirements, general location criteria and violation
clause.
10-1002:
Allowable
criteria,
violation
Portable Signs: Regulating the following:
locations by zoning district, permitting
anchorage requirements, lighting criteria and
clause.
10-1003 : Political Signs: Regulating the following:
Location criteria, anchorage requirements and
requirements for removal.
10-1004: On Premise Signs (Freestanding and attached to
buildings): Regulating the following: Allowable location
by zoning district, allowable size, lighting criteria,
setback requirements, criteria for determining number of
signs allowed for specific locations.
~,~H1BIT C
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.
10-1005: Off Premise Signs: Regulating the following:
Allowable location by zoning district, size and height
requirements, structural criteria, separation between off
premise signs.
10-1006: Real Estate Signs: Regulating the following:
On and off premise signs utilized market property located
within recorded subdivision, also regulating size and
height of signs, setback from property lines, numbers and
location of signs establishing permitting criteria.
10-1007: Permits: Establishing requirements for
permitting the construction or placement of freestanding
signs.
10-1008: Enforcement: Referencing
regarding penalties for violating the
10-1000, et seq.
section
11-700
terms of section
A regular meeting of the City Council will follow the public
hearing for the purpose of acting upon the public hearing items and
to conduct other matters pertaining to the Council.
citizens wishing to address the City Council pro or con during
the Public Hearing will be required to sign in before the meeting
is convened.
CITY OF LA PORTE
Sue Lenes
City Secretary
SYH1BtT C
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PORTABLE SIGN CONTROLS
ARTICLE 3 SECTION 100 - DEFINITIONS
Portable siqn: A sign which is not permanently and rigidly affixed
or attached to the ground and is designed or
constructed to be easily moved from one location to
another, including signs mounted upon or designed
to be mounted on a trailer, wheeled carrier, or
other non-motorized mobile structure. This
definition shall also include any vehicle or
trailer parked so as to be visible from a public
right-of-way for the primary purpose of
advertisement of products or directing people to a
business or activity located on the same or nearby
property or any other premises.
Page 1
~1:xHIBIT D
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Mini-Warehousing SIC 4225
The Planning and Zoning Commission at its March 18, 1993, meeting, considered the issue
of mini-warehousing as a Conditional Use in General Commercial Zones. Approving this
change requires amending Zoning Ordinance Section 6-400, Table A as follows:
Uses
Zone
Mini-Warehousing (4225)
*
NC GC
* C
CR
Page 2
EXHIBIT D
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Section 10 - 1000 Sian Reaulations
section 10-1001
General provisions
1. All signs shall be erected, displayed and maintained in
compliance with the requirements of this section and all
other applicable state laws and City Ordinances. If
there is a conflict between the regulations of this
section and a state law, city ordinance, or codes adopted
by ordinance, the most restrictive standard applies and
controls. All signs not expressly allowed by this
ordinance are prohibited.
2. No sign nor part of any sign may have lights which flash,
move or rotate in such a manner as to be confused with
traffic control signals or emergency vehicle signals, or
in a manner that confuses, misleads or distracts traffic
motorists. Beacons may not be placed on any sign or be
made a part of any sign. Addi tionally , no sign that
resembles an official traffic control sign, signal or
device or that bears the words stop, go slowly, caution,
danger, detour, or other wording for traffic control
signs or devices may be used within the city.
3. All signs shall be properly and continuously maintained
so as not to become a safety hazard or detract from the
appearance of adjoining properties.
4. All areas immediately below and within a radius of
fifteen (15) feet shall be properly maintained. This
includes maintenance of all vegetation to the standards
set forth in Chapter 13, Article II of the City of La
Porte Code of Ordinances.
5. No sign may be placed on or over a public right-of-way,
whether used or unused, a utility easement, or on utility
poles.
6. No sign shall be located in a sight triangle so as to
obstruct traffic visibility at a level between three feet
(3') and six feet (6') as measured above adjacent road
grade.
7. Any sign in violation of any provl.sl.ons of this ordinance
are subject to immediate removal by the City of La Porte.
section 10-1002
Portable Siqns
1. Portable signs may be located in the High Densi ty
Residential (R-3) , Manufactured Housing (MH), Commercial
Recreation (CR) , Neighborhood Commercial (NC) , General
Commercial (GC), Business Industrial (BI), Light
Industrial (LI) , and Heavy Industrial (HI) zoning Districts.
Page 3
EXHIBIT D
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2. A portable sign may not stand on any premise for more
than thirty (30) consecutive days at a time or for more
than sixty (60) days in any calendar year without a
period of at least twenty (20) intervening days.
3. Lighted portable signs shall be constructed and installed
in accordance with the requirements of the City's
electrical code. Portable signs with red, yellow, amber,
green, or blue lights or with lights that flash, blink,
or vary in intensity are prohibited.
4. Portable signs must comply with the setback requirements
that would apply to on-premise signs in the zoning
district in which the portable sign is to be located.
Portable signs may not be placed on public right-of-way
and may not be placed in such a manner as to create a
hazard to traffic.
5. A portable sign must be tied down or secured in a manner
prescribed by the Building Official to ensure the safe
installation of said sign.
6. A portable sign, during the required intervening periods,
must be completely removed from public view. Removal of
the lettering is not considered to be in compliance with
this section.
7. All damaged portable signs must be removed within forty-
eight (48) hours of notification by the city until said
sign has been repaired.
8. Portable signs shall be used for on premise use only.
9. Nothing in this section shall apply to political
advertising.
10. Portable signs are to be permitted through the Building
Official of the city of La Porte, consistent with the
provisions of this Ordinance. Permitted portable signs
shall have securely affixed and plainly visible a
sticker, in form prescribed by the city of La Porte,
showing the date the permit was issued, and the date the
permit is to expire. Portable signs shall also contain
on both faces the date of expiration of the current
permit.
11. Portable signs located on premises in violation of any of
the provisions of this Ordinance, including the
requirement that portable signs have attached a validly
issued, current permit from the City of La Porte, are
subject to immediate removal by the City of La Porte.
Page 4
EXHIBIT D
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Portable signs removed by the city of La Porte in
accordance with this Section, shall be safely and
securely stored by the City of La Porte.
Portable signs removed and stored by the city of La Porte
may be redeemed by their owner upon the payment of a
storage fee of fifty dollars ($50.00). Signs not
redeemed from storage may be sold by the City of La Porte
in accordance with laws and regulating sale of abandoned
property.
Nothing in this section shall be construed as a waiver by
the City of La Porte on the penal enforcement of this
Ordinance. The remedies provided in this section shall
be in addition to, and not cumulative of, other remedies
the ci ty of La Porte might have as allowed in this
Ordinance and state law.
section 10-1003
Political Siqns
Temporary political signs placed for the duration of an
election campaign shall not be subject to the requirements of
this ordinance except that:
1. No political sign shall be placed within a sight triangle
or in a manner which will otherwise create a traffic
hazard.
2. No political sign shall be placed on or over a public
right-of-way, whether used or unused, a utility easement
or on utility poles.
3. All portable signs used for political advertising shall
be anchored in a manner which will prevent their being
blown about by a strong wind.
4. All political signs shall be removed no later than ten
(10) days after the election for which they were placed.
In the case of run-off elections, political signs may
remain in place no longer than ten (10) days following
the run-off.
Section 10-1004
On Premise Siqns
1. Freestanding On Premise Signs
A. General provisions
(1) These regulations shall apply to freestanding
signs only
Page 5
EXHIBIT T)
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(2) Mul tiple reader panels mounted on a single
base shall be considered to be a single sign.
(3) For the purposes of this section, a multi-
tenant building shall be considered to be a
single establishment and shall be restricted
to free standing advertising signage in
accordance with the regulations governing such
signs.
(4) Separate buildings located on a single piece
of property may be considered to be separate
business establishments with each building
being eligible for freestanding advertising in
accordance with these regulations.
(5) The number of on premise free standing non-
advertising signs intended to direct traffic
and not exceeding six (6) square feet in size
shall not be limited by this section.
(6) The provisions of this section shall not apply
to real estate signs.
B. R-1, R-2, R-3, and MH Districts
(1) One (1) free standing identification sign is
permitted for townhouses, mUlti-family
developments, group care facilities,
subdivisions, education and religious
facilities.
(2) For a Bed and Breakfast facility one (1) sign
not exceeding three (3) square feet in area
and non-illuminated shall be allowed. This
sign may be either mounted on the building or
located in a landscaped portion of the yard.
(3) For a Home Occupation facility one (1) sign
not exceeding two (2) square feet in area and
non-illuminated shall be allowed. This sign
shall be mounted flat against the wall of the
principal building.
(4) The size of the sign may not exceed one
hundred fifty (150) square feet.
(5) There are no minimum yard setbacks.
(6) The maximum height is forty-five feet (45').
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EXHIBIT D
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c. CR, NC, and GC Districts
(1) One (1) freestanding advertising sign shall be
permitted for each side of a commercial
establishment which fronts on a developed
right-of-way.
(2) The following size limitations apply:
(a) Free standing signs for single tenant
buildings - 150 square feet.
(b) Free standing signs for single tenant
buildings in a controlled access corridor
- 300 square feet.
(c) Free standing signs for multi-tenant
buildings - 350 square feet.
(3) The following minimum yard setbacks apply:
(a) When not adjacent to residentially zoned
property, there are no minimum setbacks.
(b) When adjacent to residentially zoned
property, there are minimum side and rear
yard setbacks of five feet (5').
(4) The following height limitations apply:
(a) Free standing signs - 45 feet.
(b) Free standing signs in a controlled
access corridor - 65 feet.
D. BI, LI, and HI Districts
(1) One (1) free standing advertising sign shall
be permitted for each side of a commercial
establishment which fronts a developed right-
of-way.
(2) The following size limitations apply:
(a) Free standing signs for single tenant
buildings - 150 square feet.
(b) Free standing signs for single tenant
buildings in controlled access corridors
- 300 square feet.
(c) Free standing signs for multi-tenant
buildings - 350 square feet.
Page 7
EXHIBIT 1)
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(3) The following minimum yard setbacks apply:
(a) When not adjacent to residentially zoned
property, there are no minimum setbacks.
(b) When adjacent to residentially zoned
property, there are minimum side and rear
setbacks of five feet (5').
(4) The following height limitations apply:
(a) Free standing signs - 45 feet.
(b) Free standing signs in controlled access
corridors - 65 feet.
2. Attached On Premise Signs
A. General provisions
(1) One attached sign per building wall may be
displayed for each occupant or use on the
premises.
(2) These regulations do not apply to building
addresses or supplemental signs for the
purpose of identifying the apartment buildings
or units.
B. R-1, R-2, and MH Districts
(1) The size of the sign may not exceed three (3)
square feet.
(2) No portion of the sign may have a luminous
greater than 200 foot candles and may not
move, flash, rotate or change illumination.
C. R-3, CR, NC, GC, BI, LI, and HI Districts
(1) The cumulative size of the signs may not
exceed fifteen (15) percent of the wall area.
(2) If located closer than 50 feet to an R-1, R-2,
or MH District, the sign may not flash and
must be designed so that is does not shine or
reflect light into adjacent residences.
(3) One attached canopy sign may be displayed.
Such sign shall not exceed thirty (30) percent
of the canopy area. Such sign must be
contained within the physical limits of the
canopy and shall not extend above or below the
canopy.
Page 8
EXHIBIT 1)
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section 10 - 1005 Off Premise Siqns
1. Off premise free standing advertising signs may be
erected in the BI, LI, and HI Zoning Districts.
2. Off premise freestanding public service signs may be
erected in the GC, BI, LI, and HI Zoning Districts.
3. All off premise signs shall be constructed with a single
steel support pole.
4. The following size limitations shall apply to all off
premise free standing signs:
A.
In controlled access
limitations shall be set
Beautification Act.
corridors, the size
by the Texas Highway
B. On all other streets, the maximum size shall be
three hundred (300) square feet and may not have
more than two (2) sign faces.
5. An off premise sign must be located at least fifty (50)
feet from an existing freestanding on premise sign.
6. Off premise signs, when illuminated, must be constructed
with upward shielded directional illumination.
7. The following height limitations shall apply:
A. Off premise public service signs - 18 feet.
B. Off premise advertising signs - 45 feet.
8. All off premise freestanding advertising signs shall be
spaced in intervals of not less than one thousand (1,000)
feet.
Section 10 - 1006
Real Estate Siqns
1. For the purpose of marketing a recorded subdivision, one
(1) on premise freestanding sign of not more than one
hundred fifty (150) square feet for each road abutting
the respective subdivision shall be permitted, provided
that such sign shall not be placed within any required
yard nor within twenty-five (25) feet of any property
line abutting a street or road right-of-way, and further
provided that such sign shall not exceed twenty (20) feet
in height.
2. For the purpose of marketing a recorded subdivision, one
(1) off premise sign of not more than one hundred fifty
Page 9
EXHIBIT D
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(150) square feet may be permitted for each recorded
subdivision in any zoning district. Such sign shall not
be placed within twenty-five (25) feet of any property
line and shall not exceed twenty (20) feet in height.
The permit for such sign shall expire, unless renewed,
two (2) years after the date of issuance of such permit,
and provided that each request for permit shall be
accompanied by a license and permit fee posted by the
respective sign hanger in the amount of three hundred
dollars (300.00) for the purpose of ensuring proper
location, maintenance, and removal of the respective
sign.
section 10 - 1007 Permits
1. Any person desiring to erect or place a free standing,
attached or portable sign on any property shall first
apply to the Building Official for a permit. Permits are
not required for signs less than five (5) square feet in
area.
2. Any person applying to erect or place a free standing
sign on any property shall submit to the Building
Official the following information:
A. A survey of the property which indicates the
proposed sign location.
B. An engineered design for signs greater than 8 feet
in height.
C. A design of the sign and its support member for
signs less than 8 feet in height.
3. Permit fees shall be in accordance with the current City
of La Porte Fee Schedule Ordinance.
Section 10 - 1008 Enforcement
1. Any violation of this section shall be subject to the
penalties provided in section 11-700 of this Ordinance.
Page 10
exHIBIT D
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ORDINANCE NO. 93-1912
AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND
COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; 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
makes the following appointments to the Fire Code Review Committee
of the city of La Porte, for the term beginning on the effective
date hereof, and expiring on May 30th of the year indicated, or
until their successors shall have been duly appointed and
qualified:
District 1
District 2
District 3
District 4
District 5
District 6
Delbert Walker
1996
Richard Browder
1994
Tom Hayes
1994
Robert Daniel
1995
Charlie Young
1995
Doyle Westergren
1996
At Large, A
At Large, B
Mayor
Ex Officio
Ex Officio
Ex Officio
section 2.
Bryan Moore
1995
Tom Handy
1996
Emery Farkas
1994
Joe Sease, Fire Chief
Paul Hickenbottom, Fire Marshall
Ervin Griffith, Chief Building Official
The City Council of the City of La Porte hereby
appoints the following members to the City of La Porte Planning and
Zoning Commission, for terms expiring May 30, 1996, or until their
successors shall have been duly appointed and qualified:
Chairman:
Betty Waters
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ORDINANCE NO. 93-1912
PAGE 2
District 1: Inge Browder
District 6: Ronald R. Gragg
section 3. The City council of the City of La Porte hereby
makes the following appointments to the La Porte Area Water
Authority, for terms expiring May 30, 1995, or until their
successors shall have been duly appointed and qualified:
Director, position 2: Albert D. Fields
Director, position 3: Rodney J. Etchberger
section 4. The City Council of the city of La Porte hereby
makes the following appointments to the City of La Porte Electrical
Board, for terms expiring May 30th of the year indicated, or until
their successors shall have been duly appointed and qualified:
Chairman: Bob McLaughlin 1994
position 1: Terry Groff 1994
position 2 : Gene Pfeiffer 1995
position 3 : Kenneth Kendrick 1995
position 4: Jim Counts 1995
section s. The City council of the city of La Porte hereby
makes the following appointments to the Airport Advisory Board for
the City of La Porte Municipal Airport, for terms expiring May 30th
of the year indicated, or until their successors shall have been
duly appointed and qualified:
position 1: Cliff Hyde, Jr.
position 2: Larry Tucker
position 5: Hector Villarreal
1996
1996
1995
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ORDINANCE NO. 93-1912
PAGE 3
Airline Representative: Dan Myhaver 1996
Section 6. 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 7. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict only.
section 8. 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
ci ty 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 subj ect 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 9. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
e
ORDINANCE NO. 93-1912
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PAGE 4
PASSED AND APPROVED, this 14th day of June, 1993.
ATTEST:
sueS~ (~
City Secretary
APPROVED:
~z:J
Knox W. Askins,
city Attorney
CITY OF LA PORTE
. )
. !
.... -/~~J
. ..... ; L-- ./ 1 /.
By: i /'h}-;,l/,h, ~/ /. ,"!'n-"-
/ Norman L.-'" MaYone!, .
Mayor
· · /0
~ST FOR CITY COUNCIL AGEN~
Agenda Date Requested:
June 14. 1993
5ftPJr
Department:
Public Works
Requested By: S. Gillett
Report
xxxx
Resolution
Ordinance
Exhibits: Resolution No. 93-
FAA Grant Offer for Airport Improvements
Project Budget
SUMMARY & RECOMMENDATION
The City of La Porte has applied for, and received, a grant offer from the
Federal Aviation Administration (FAA) for the construction of improvements
at the La Porte Municipal Airport. The Grant Offer, in the amount of one
million five hundred forty six thousand three hundred fifty nine dollars
($1,546,359), represents 90% of the total Project cost, including
engineering, inspection, testing and construction of taxiway and runway
extensions, overlay of runways and taxiways, lighting and navigational
improvements.
The City's 10% matching share of the Project is one hundred seventy one
thousand eight hundred eighteen dollars ($171,818). Funds are available ln
the Airport Fund (Fund 10). A total of fifty thousand dollars (50,000) is
budgeted in the current budget as a contingency. The additional one
hundred twenty one thousand eight hundred eighteen dollars ($121,818) is
available in the Airport Fund balance.
Action Required by Council: Approve resolution No. 93- accepting a
grant from the FAA in the amount of $1,546,359, and appropriate the sum of
$171,818 for the City's 10% matching share.
Availability of Funds:
xxx X
General Fund
Capital Improvement
other - Airport Fund
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
XXX YES
NO
Approved for City Council Agenda
G<~~ T. ~
Robert T. Herrera
City Manager
<0 -q - q '3
DATE
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RESOLUTION NO. 93-07
A RESOLUTION ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION
ADMINISTRATION FOR AIRPORT PROJECT NO. 3-48-0127-06-93; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
WHEREAS, the city of La Porte, Texas <termed SPONSOR herein), and
the Department of Transportation, Federal Av~ation Administration (FAA),
desire to enter into a certain Grant Agreement which provides Federal
participation in the construction of improvements to the La Porte
Municipal Airport; and
WHEREAS, in response to a request duly filed by SPONSOR, the FAA
has ~repared said Grant Agreement, a copy of which is attached, and has
subm~tted it to SPONSOR for acceptance and execution; and
WHEREAS, it is determined to be in the interest of SPONSOR and FAA
to accept said Grant Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1. That the City Council of the City of La Porte does
hereby accept the provisions of said Grant Agreement for Project No.
3-48-0127-06-93.
Section 2. That the Mayor of the City of La Porte is hereby
authorized and directed to execute said Grant Agreement for and on
behalf of the city of La Porte.
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 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.
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RESOLUTION NO. 93-07
PAGE 2
section 4. This Resolution shall be effective immediately upon
its passage and approval.
PASSED AND APPROVED this the 14th day of June, 1993.
ATTEST: ~
S~~o
Sue Lenes, c~ty Secretary
=
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AMOUNT
ACCOUNT NO ACCOUNT DESCRIPTION BUDGETED
PRELIMINARY EXPENSE
010-687-510-490 LEGAL (CONTRACT REVIEW) $200.00
010-687-510-501 PREQUALIFICATION ADVER, $600.00
010-687-510-502 PREQUALIFICATION FINANCIAL REVIEW $1,500.00
010-687-510-504 OTHER ADVERTISEMENT $200,00
TOTAL PRELIMINARY EXPENSE $2,500,00
ENGINEERING FEES
010-687-510-410 PRELIMINARY ENGINEERING $7,500,00
010-687-510-420 PRELIMINARY DESIGN $28,750.00
010-687-510-430 FINAL DESIGN $51,850.00
010-687-510-440 BIDDING PHASE $3,900,00
010-687-510-450 CONSTRUCTION PHASE $11,650.00
TOTAL ENGINEERING FEES $103,650.00
OTHER ENGINEERING FEES
010-687-510-416 DESIGN SURVEY $23,500,00
010-687-510-417 DESIGN GEOTECHNICAL $20,000,00
010-687-510-451 NPDES PERM IT $3,500,00
010-687-510-454 UPDATE ALP $2,000,00
010-687-510-456 AS-BUILT SURVEY $3,656,00
010-687-510-466 CONSTRUCTION TESTING $32,500.00
TOTAL OTHER ENGINEERING FEES $85,156.00
PROJECT INSPECTION FEES
010-687-510-601 RESIDENT PROJECT REP. $56,000.00
010-687-510-602 REIMBURSABLES $2,536,00
TOTAL PROJECT INSPECTION $58,536,00
CONSTRUCTION
010-687-510-510 CONSTRUCT ION $1,468,335.45
010-687-510-910 CONTINGENCY $0,00
TOTAL CONSTRUCTION $1. 468,335.45
TOTAL PHASE EXPEND ITURES $1. 718.177 ,45
ADD ITIONAL REVISED EXPEND ITURE PAYMENT EXPEND ITURE AMOUNT PERCENT
AUTHORIZATION BUDGET TO DATE AMOUNT AFTER PAYMENT REMAINING REMAINING
$0.00 $200.00 $0.00 $0.00 $0,00 $200,00 100,00%
$0.00 $600.00 $583.80 $0.00 $583.80 $16,20 2,70%
$0.00 $1,500,00 $1. 200,00 $0,00 $1,200.00 $300.00 20,00%
$0.00 $200,00 $58.00 $0.00 $58.00 $142,00 71. 00%
$0.00 $2,500,00 $1.841.80 $0.00 $1,841.80 $658.20 26,33%
$0,00 $7,500.00 $6,000.00 $1,500,00 $7,500,00 $0,00 0,00%
$0,00 $28,750,00 $14,375.00 $14,375.00 $28,750,00 $0.00 0,00%
$0.00 $51.850,00 $0,00 $26,850.00 $26,850,00 $25,000.00 48.22%
$0.00 $3,900,00 $0,00 $0.00 $0.00 $3,900.00 100,00%
$0.00 $11,650,00 $0,00 $0.00 $0,00 $11,650.00 100.00%
$0.00 $103,650,00 $20,375.00 $42,725.00 $63,100,00 $40,550.00 39.12%
$0.00 $23,500,00 $20,084.14 $3,415,86 $23,500,00 $0.00 0,00%
$0,00 $20,000.00 $15,000,00 $3,000,00 $18,000.00 $2,000,00 10.00%
$0.00 $3,500.00 $0.00 $1. 500,00 $1,500.00 $2,000,00 57,14%
$0.00 $2,000,00 $0,00 $1,000,00 $1,000,00 $1,000.00 50.00%
$0.00 $3,656.00 $0,00 $0.00 $0,00 $3,656,00 100,00%
$0,00 $32,500,00 $0.00 $0.00 $0.00 $32,500,00 100,00%
$0,00 $85,156,00 $35,084.14 $8,915.86 $44,000.00 $41,156.00 48.33%
$0.00 $56,000,00 $0.00 $0.00 $0.00 $56,000,00 100.00%
$0.00 $2,536.00 $0,00 $0,00 $0.00 $2,536,00 100,00%
$0,00 $58,536,00 $0,00 $0.00 $0.00 $58,536,00 100.00%
$0,00 $1,468,335,45 $0.00 $0.00 $0,00 $1,468,335,45 100.00%
$0.00 $0,00 $0.00 $0,00 $0,00 $0,00 ERR
$0,00 $1,468,335,45 $0.00 $0.00 $0.00 $1,468,335,45 100,00%
$0,00 $1.718.177,45 $57.300,94 $51.640.86 $108.941. 80 $1. 609.235,65 93.66%
LA PORTE MUNICIPAL AIRPORT
FAA PROJECT NO. 3-48-0127-06-93
REPORT MONTH:
REPORT DATE:
PHASE DESIGN AND CONSTRUCTION
May-93
08-Jun-93
.
.
o
US. Department
of Transportation
Federal Aviation
Administration
Southwest Region
Arkansas. Louisiana.
New Mexico. Oklahoma.
Texas
Fort Worth, Texas 76193-0000
June 9, 1993
The Honorable Norman Malone
Mayor of La Porte
P.o. Box 1115
La Porte, TX 77572-1115
Dear Mayor Malone:
Enclosed are the original and one copy of the Grant Offer for
Project No. 3-48-0127-06-93 at La Porte Municipal Airport. This
Grant Offer is financed from FY-93 funds. Please accept by
resolution within 30 days from the date of the Grant Offer.
After the Grant Offer has been accepted by resolution of the
governing body of the city and executed, please return the
original to us within 5 days of grant acceptance. The copy is
for the city's files.
Sincerely,
~~~
I~
otis T. Welch
Manager, Texas Airport
Development Office
Enclosure (2)
AIrports DIvIsion, Texu Airport Development Offtce, Fort Worth, TX 78113-0850, (817) 824-5880
- TOGETHER WE SUCCEED -
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GRANT AGREEMENT
FOR DEVELOPMENT PROJECf
~
PART I-OFFER
Date of Offer: JUNE 9, 1993
Project No. 3-48-0U7-06-93
Airport: LA PORTE MUNICIPAL AIRPORT
Contract No. 93 SW-8Ul
TO: CITY OF LA PORTE, TEXAS
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein
referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application
for Federal Assistance) dated June 9, 1993, for a grant of Federal funds for a project for development
of the LA PORTE MUNICIPAL AIRPORT (herein called the "Airport"), together with plans and
specifications for such project, which Application for Federal Assistance, as approved by the FAA is
hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
"Project") consisting of the following-described airport development:
EXTEND AND OVERLAY RUNWAY U/30 AND TAXIWAY "A"; INSTALL MIRL AND
MITL FOR EXTENSIONS; INSTALL ROTATING BEACON
all as more particularly described in the property map and plans and specifications incorporated in
the said Application for Federal Assistance.
FAA Fonn 5100-37 (10-89) Development or Noise Program
Page 1 of 6 Pages
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NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and
Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity
Expansion Act of 1987, and the Airport and Airway Safety, Capacity, Noise Improvement, and
Intermodal Transportation Act of 1992, herein called the "Act," and/or the Aviation Safety and Noise
Abatement..Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the
representations and assurances contained in said Project Application and its acceptance of this Offer
as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the assurances and conditions as herein provided,
THE FEDERAL A VIATION ADMINISTRATION, FORAND ON BEHALF OF THE UNITED STATES,
HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred
in accomplishing the Project, NINE'IY (90) percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer shall be $1,546,359.
2. The allowable costs of the project shall not include any costs determined by the FAA to be
ineligible for consideration as to allowability under the Act.
3. Payment of the United States share of the allowable project costs will be made pursuant to and
in accordance with the provisions of such regulations and procedures as the Secretary shall
prescribe. Final determination of the United States share will be based upon the final audit of
the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue delays and in accordance
with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and
agrees to comply with the assurances which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance
by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs
of the project unless this offer has been accepted by the sponsor on or before July 9, 1993 or such
subsequent date as may be prescribed in writing by the FAA.
7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other
manner in any project upon which Federal funds have been expended. For the purposes of this
grant agreement, the term "Federal funds" means funds; however, used or disbursed by the
sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall
obtain the approval of the Secretary as to any determination of the amount of the Federal share
of such funds. It shall return the recovered Federal share, including funds recovered by
settlement, order or judgement, to the Secretary. It shall furnish to the Secretary, upon request,
FAA Form 5100-37 (10-89) Development or Noise Program
Page 2 of 6 Pages
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all documents and records pertaining to the determination of the amount of the Federal share
or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All
settlements or other final positions of the sponsor, in court or otherwise, involving the recovery
of such Federal share shall be approved in advance by the Secretary.
---=--.
8. The United States shall not be responsible or liable for damage to property or injury to persons
which may arise from, or be incident to, compliance with this grant agreement.
9. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or
subcontractor to acquire any steel or manufactured products produced outside the United States
to be used for any project for airport development or noise compatibility for which funds are
provided under this grant. The sponsor will include in every contract a provision implementing
this special condition.
Special Conditions
10. It is mutually understood and agreed that if, during the life of the project, the FAA determines
that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent,
whichever is greater, the grant amount can be unilaterally reduced by letter from the FAA
advising of the budget change. Conversely, if there is an overrun in the eligible project costs, the
FAA may increase the grant to cover the amount of overrun not to exceed the statutory
fifteen (15%) percent limitation OR 25 PERCENT OF THE TOTAL INCREASE IN
ALLOWABLE PROJECf COSTS ATTRlliUTABLE TO THE ACQUISmON OF lAND OR
INTERESTS IN lAND, WHICHEVER IS GREATER, and will advise the sponsor by letter of
the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of
the United States is adjusted to the amount specified.
11. The property map referred to on Page 1 of this Grant Agreement is the Property Map,
Exhibit "A", dated September 11, 1985, attached to the Application for Federal Assistance
attached to the Grant Agreement for Project No. 3-48-0217-03.
12. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and
specifications approved by the FAA on May 11, 1993.
13. It is understood and agreed that the Sponsor will within three (3) years if the acceptance of the
Grant Agreement, remove or cause to be removed any growth, structure or other object within
the runway approaches at the end(s) of Runway 12/30 which would be a hazard to the landing,
taking-off or maneuvering of aircraft at the airport. The approach standards to be followed in
performing the covenants contained in this paragraph shall be those established by the
Administrator in Part 77 of the Federal Aviation Regulations unless otherwise authorized by the
Administrator.
FAA Form 5100-37 (10-89) Development or Noise Program
Page 3 of 6 Pages
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14. The Sponsor agrees to perform the following:
a. Furnish a construction management program to FAA prior to the start of construction which
shall detail the measures and procedures to be used to comply with the quality control
prQ~sions of the construction contract, including, but not limited to, all quality control
provisions and tests required by the Federal specifications. The program shall include as
a minimum:
(1) The name of the person representing the sponsor who has overall responsibility for
contract administration for the project and the authority to take necessary actions to
comply with the contract.
(2) Names of testing laboratories and consulting engineer firms with quality control
responsibilities on the project, together with a description of the services to be
provided.
(3) Procedures for determining that testing laboratories meet the requirements of the
American Society of Testing and Material's standards on laboratory evaluation,
referenced in the contract specifications (D 3666, C 1077).
(4) Qualifications of engineering supervision and construction inspection personnel.
(5) A listing of all tests required by the contract specifications, including the type and
frequency of tests to be taken, the method of sampling, the applicable test standard,
and the acceptance criteria of tolerances permitted for each type of test.
(6) Procedures for ensuring that the tests are taken in accordance with the program, that
they are documented daily, that the proper corrective actions, where necessary, are
undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the
results of all tests performed, highlighting those tests that failed or did not meet the
applicable test standard. The report shall include the pay reductions applied and reasons
for accepting any out-of-tolerance material. An interim test and quality control report shall
be submitted, if requested by the FAA
c. Failure to provide a complete report as described in paragraph 2, or failure to perform such
tests, shall, absent any compelling justification, result in a reduction in Federal participation
for costs incurred in connection with construction of the applicable pavement. Such
reduction shall be at the discretion of the FAA and will be based on the type or types of
required tests not performed or not documented and will be commensurate with the
proportion of applicable pavement with respect to the total pavement constructed under the
grant agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce
grant payments accordingly if such independent tests determine that sponsor test results are
inaccurate.
FAA Form 5100-37 (10-89) Development or Noise Program
Page 4 of 6 Pages
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The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter
provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act,
constituting the contractual obligations and rights of the United States and the Sponsor with respect
to the acco!!lp!ishment of the Project and compliance with the assurances and conditions as provided
herein. Such-Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
..a~ ~ %'~
/1m ))C, Manager. Texas Airport Development Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred
to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply
with all of the terms and conditions in this Offer and in the Project Application.
Executed this _ day of
,19_
CITY OF LA PORTE, TEXAS
(Name of Sponsor)
By:
l::Sponsor'S lJeslgnatea UUletal Kepresentatlvc)
(SEAL)
Title:
Attest:
Title:
FAA Form 5100-37 (1O-a9) Development or Noise Program
Page 5 of 6 Pages
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CERTIFICATE OF SPONSOR'S ATfORNEY
I,
, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under
the laws of the State of Texas. Further, I have examined the foregoing Grant Agreement and the
actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and
Sponsor's official representative has been du1y authorized and that the execution thereof is in all
respects due and proper and in accordance with the laws of the said State and the Act. In addition,
for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal
impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said
Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
Dated at
this _ day of
,19_
:SIgnature ot :sponsor's Attorney
FAA Form 5100-37 (10.89) Development or Noise Program
Page 6 of 6 Pages
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AIRPORT IMPROVEMENT PROGRAM
-'":"'=~~--
APPLICATION
FOR
LA PORTE MUNICIPAL AIRPORT
LA PORTE, TEXAS
Submitted To
The
FEDERAL AVIATION ADMINISTRATION
SOUTHWEST REGION
TEXAS AIRPORT DEVELOPMENT OFFICE
BY THE
CITY of LA PORTE, TEXAS
June 9, 1993
--
.
OM8 Approval No. 0348-0043
APPLICATION FOR 2. DAn; SUBMITTED I Aoolicanl Identifier
FEDERAL ASSISTANCE June 9, 1993
1. TYPe OF SUBMISSION: 1. DAn; RECEIVED BY STAn; Slale Agplicallon Idenlilie,
ADplicalion Preaoplication
C! ConstruClion D Construction
.c. DAn; RECEIVED 8Y FEDERAL AGENCY Federal ldentifie, 3-48-0127-06-93
D Non~nstruction D Non~nslrucrion
S. APPUCANT INFORMATlON
Leoa' Name: . .......,~- La Porte O'(janizalional u""1. P t .~ . . 1 Ai t
Cny OJ: a or e cun~c~pa rpor
Aodress (Qlve city, county. state. and zip code): Name and teleonone number of the person 10 be contacted on matters inyollntlQ
Ihis applicallon (Qlve MIl. code)
P.O. Box 1115 Steve Gillett, Director of Public Works
Harris County (713) 471-9650
La Porte, Texas 77572-1115
s. EMP\.OYER IDENTlFICATlON NUMBER (EINI: 7. TYPE OF APPUCANT: (enter aD"",,,,;ate lener in box) lc.I
17141-16101011 I 51 5 I 2 I Ii.. Slate H. Independllf1l School DisL
B. County I. Stale Controlled Institution at HiQner l.8arnillQ
C. lAunicipal J. Private University
.. TYPE OF APPLICATlON: 0, Township K. Indian Tribe
iI New D Continuation D Flevision e. Interstate L Individual
0 F. Intermunlcioat lA. Pfofil Oroanization
It Revision. enter appropriale Ietter(s) in box(esl: 0 G. Soecial DiSlrict N. Other (SOlJCIfyl:
Ii.. Increase Award B. Decrease Award C. Increase Duralion
O. Decrease Ouration Other (soecity): .. .......E OF FEDERAL AGENCY:
Texas ADO, Southwest Region
Federal Aviation Administrat 0
10. CATALOG OF FEDERAL OOMES'nC I 2 T 0 ~r 1 I 0 I 6 11. DESCRIPTIVE TITLE OF APPUCANT'S PROJECT:
ASSISTANCE NUMBER:
TIT1.E: Program l. Construct Runway and Taxiway Extension
Airport Improvement and Overlay
12. AREAS AFl'ECTEtl IY PROJECT (cities. countles. states. etc.): . 2. Construct Airport Lighting Improvement
La Porte, Bay town, Deer Park, Pasadena, 3. Construct Navigational Aids
Houston, Harris County
1~ PROPOSEDP~OJECT: ,.c. CONGRESSIONAL DISTRICTS OF:
Start Oale Endino Oale a. Applicant : b. Project
6-93 12-93 Texas 25th Texas 25th
15. ESnMAnD FUNDING: 1'. IS APPUCAnON SU8JECT TO REVIEW IY STATE EXECUTlVE ORDER 12272 PROCESS?
a. Federal S .00 .. YES. ~IS PREAPPUCAOONlAPPUCAOON WAS lAACE AVAllABLE TO ~E
1 546.359 STATe EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON:
b. Applicant S .00 OATE October 20, 1992
171 818
c. State S .00
b NO. D PROGRAU IS NOT COVERED BY E.O. 12372
d. Local S .00
D OR PROGRAlA HAS NOT BEEN SELECTED BY STATE FOR REVIEW
e. Other S .00
I. Pfooram Income S .00 17. IS THE N'PUCAHT DELINQUENT ON MeV FEDERAL DEBn
Q. TOTAl. S .00 .0 Yes ' It "Yes. . altllc:ll an 8lll)Iana1ion. 1]1 No
1,718,177
lL TO THE BEST Of' MY lCNOWUDGE MeC BELlEI'. ALL DATA IN THIS ....PUCATlOHiPREAI't'UCATlON ARE TRUE AND CORRECT. THE DOCUMENT HAS lEEN DULY
.\JTl10Alzeo IV THE GOVERNING BODY OF THE APPl.ICANT AND THE APPUCANT WILL COMP\. Y WITH THE ATTACHED 4SSURAHC1!S If THE ASSISTANCE IS .WARDED
a. Typed Name of AulhonZ1!d Reoresentatl1/8 b. Title t1m~~~~20
Robert T. Herrera City Manager
d. SiQnature 01 Author,Z1!d Reorasenlalive e. Oale Stoned
Q~ "T. ~ ~\~ \~~ ~
....eYIOus t:cIlIIOnS NOI Usaole Slandard ..arm 424 IRl::V 4.38\
n
Prescnbed by OUB ~..tular A.'02
Authorized for Local Reproduction
.
e
OEPARTMEl'lT OF TRANSPORTATION. FEDERAL AVIATION ADMINISTRATION
o....e NO lO.QO"..
PART II
PROJECT APPROV AL INFORMATION
SECTION A
....:::10...;.._.,__.
Item 1.
~his assistance request require State,
regional, or other priority rating?
local,
Yes
Item 2.
~his assistance request require State, or local
adv i sory, educational or heal th clearance s?
Name of Governing Body
Priority Rating
x
No
Name of Agency or
Board
X
Yes No (Attach Documentation)
Item 3.
~his assistance request require clearinghouse review
in accordance with OMB Circular A.95?
Yes
'{
No
Item 4.
~hi S assistance request require State,
regional or other planning approval? X
local,
Yes
No
Item 5.
~proposed project covered by an approved
comprehensive plan?
X
Yes
Item 6.
WiiTthe assistance requested
installation?
serve 0 Federal
Yes X
Item 7.
Wii\'the assi stance requested be on Federal land
or installation?
Yes X
Item 8.
Wii'i'""the assistance requested have on impact or effect
on the environment?
Yes X
No
Item 9.
Viii\the assistance requested cause the displacement of
individual s families, businesses, or forms?
(Attach Comments)
Name of Approving Agency Houston-G;ll'TPc:rnn Are" C'ounc_
Date 10-20-92
Check one: State
Local ...: X
Regional
No Location of plan Airport Master Plan
La Porte ~l1n;r;p~l A;~pnr~
Name of Federal Installation
Na Federal Population benefiting from Project
Name of Federal Installation
Location of F edera ~ Land
No Percent of Project
See instruction for additional information to be
provided.
X
Number of:
Individual s
Fomilies
Businesses
Farms
Yes
No
Item 10.
Is there other related Federal assistance on this
pro;ect previous, pending, or anticipated?
Yes
Pove2
See instructions for additional information to be
,
provided. \
X
No
FM Form 5100.100 16-731 SUPERSEDES FAA FOAM 5100-10 PAGES 1 THAU 7
DEPA'RTMENT OF TRANSPORiATIOe EOEIUL. AVIATION AOMINISTRATION
e
OM8 /110. O"-R0209
PART II . SECTION C (SECTION B OMITTED)
The SponlOr hereby repreaentli and certifies IS follows:
1. Compatible ~nd Uae.-The Sponsor has taken the following actions to assure compatible usag~ oC land adjacent to or in
the vicinity of tb"<;.~~rt:
Comprehensive Zoning
2. Oefaults.- The SponlOr is not in default on any obligation tcr th~ United Stites or an)' agenc)" oC the United Stites Govern-
ment relative to the development, operation, or maintenance oC an)' airport, except as luted herev.'ith:
NONE
3. Po&sible Oisabilities.- There arc no facts or circum~tances (includi~ the existence oC effecti\'e or propo~ed leases. use
l2T'eements or other legal instruments aCfecting u~ o{ the Airport or the existence oC pendi~ litigation or other le,al proceeding!')
w'"hich in rea~nabl~ probability might make it impossible (or the Sponsor to arTY out and complete the Prol'eet or arT)' out the
provisions of Part V oC this Appliation, either by limiting its legal or financial ability or otherwise. except u Co lows:
NONE
4. ~nd.-<I} The Sponsor holds the following property interest in the {ollowing areas oC land. which arc to ~ developed
or used IS part o{ or in connection with the Airport. subject to the (olio wing exceptions. ~ncumbrances. and adve~ intC1'e..ts.
~I of which areas Ire identified on the . . , pro pert)" map designated IS ExhiLit "A"
See Exhibit A (Airport Property t1ap)
"State character of propert)' intere~t in each area and list and identify for each all uC'eptlons, encumbranC'cs. and adlocTSe inte~sts
of CVf!r)' kind and n.ature, including lien~, ca.sements, lCdles, etc. Th(' leparate areas of 14nd It~ed onl)' bf! identi(if!d her, b)' tite
IITCIJ "umber~ Ihown on tAe propert)' 1fIlIp.
FAA Form 5100-100 (.-761
PSlJI! :s.
"
e
.
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION AOMINISiRATION
OM8 NO. Q4-R0209
PART II - SECTlO~ C (Continued)
The Sponror furthe-r certifie::- that the aLon' i.. I,a::-~d on a titlt' t'xamination by a qualifie-d attonlt'Y or lid.. compa"," and that
such attorney or title compan~ ha::- de-termined that the- 5pon..or hold.. tht" aho\'e property interei'tl'. .
(b) Thl" 5pon..or ....ii1 acquirl" ....ithin a rea;.onaLIt' time. but in im~ e\ent prior to the- l'tart of any con::-truction won.. under
the Proje-ct. the follo,,'ing property intere:'t in thr fullo," ing art"a" of land'" on ....hich :,uch t"on..truction ....ork i::- to be performed.
all of which are-a.. arl" identified on thl' aforl"mentioned prop~rty map oe-;ignated a~ ExhiLit ".~ ": "
--
-~.:7""-:,_.
N/A
(c) The- ~?on:'Or will acquire ....ithin a rea:'Onahlt" ti/1lt'. and if ft'a:,iLIt" prior to the- completion of all t"onHruction "'on.. undl"r
the- Projt'ct. tht' following propt'rty intert":'t in lh.. folio'" in~ ar...a, of land'" ....hich are- to lit' de-veloped or u:,~d a:' part of or in
connection ....ith the- .-\irport a:' it ....ilI \,... upon ('omple-tlon of lh... Projt"rt. all of ....hich area.. art' ide-ntified on the aforementioned
property map de~ignated a~ ExhiiJit ".-\":
N/A
5. Exclusive Right;.-There i:, no g:rant of an exc\u:,i\'r ri!Zht for thl" conduct of an~ aeronauti{'al actj,'ity at any airport o"'npll
or controlled by the :::ponror except a.. follow,,: .
NONE
-StGle chGra{'ter of propert:,' interest in eQ{'h area and li.~t and identify for t'ach all erC'E'ptlons. encumbrances. and adrenf' rn/erE'H.'
of erer)' kind and Il4lure. includi~ liens, f!osements. leases. f!IC, The sepcJrate arf'a.~ oj land need onl~' be identified herf' by Iht'
area numbers ,11011.'0 on the propert)' "",p.
FAA Form 5100-100 (..761
PlIge 3b
OMS Apploved No. 0348.0041
.00
.00
Ih~ us~ you will be noCifi~d.
,. Total Allowable CosU
" (Column a.b)
.J
$ ''111 2>500
$
is
,f such
b. CosU Not Allowab~
'01 Particip4ition
BUDGET INFORMATION - Construction Programs
Ce,u;n f~del.I .U;SUIK~ p'09,.m. 'equ;,e .dd;.ioIwl cOlJ1pUU.HHU 10 .,,;v~.. ch~ fede,.I sh.,~ of p,oj~cf cosU ~/;9;ble few p4l1.icip4lcion.
Norf
a. Total Cost
COST CLASSIFICATION
.00
$
2> 500.00
"
$
.00
Admioistrati". Ind 1tg4iI.xpenHI
1.
$
.00
$
Ilghtl-of,wIY. IPlKlisals. .t,.
stluctures,
llnd.
~,
.00
$
.00
$
.00
$
R.lontion upens.. Ind payments
).
650 .00
103
$
.00
$
650.00
103
$
,.IS
A"hit.ctUIII Ind .ngine.,i/l9
4.
.00
156
85
$
.00
$
156 .00
85
$
Ilchit.ctUllllnd '/l9ineeri/l9 fe..
Ottle,
S.
536 .00
58
$
.00
$
536.00
58
$
',oject Inspection fees
6.
.00
$
.00
$
.00
$
Sit. wOlk
7.
.00
$
.00
$
.00
$
Demolition Ind ,emo"ll
B.
.00
335
468
1
$
.00
$
.00
335
468
1
$
Construction
It.
.00
$
.00
$
.00
$
Equipment
10.
.00
$
.00
$
.00
$
Mi".IIIMous
11
.00
1...218. 177
$
$
.00
$
.00
718.)77
1
$
U. SUBTOTAL
\
.00
$
.00
$
(sum 01 hnes ,."
Contingencies
1).
.00
177
718
1
$
.00
s
.00
s
SUITOTAL
14.
.00
$
.00
s
.00
.00
-0-
$
(pIOillm) income
',oject
'5.
177
718
1
s
.00
s
.00
$
16. TOTAL f'ROJfCT COSTS (lubt'I" oflS from of 14)
'"
ffDERAL fUHDING
~
Multiply X
16,
federll auiltlnc. requested, '1lcullte is follows: fnte, eligib~ costs from lioe
(Comult fedel.latelKY few fede,al pe"eotage shl,e).
ERIII the resulting f.de'll sh....
17
.00
4.88)
A.tO;!
359
S\anda.d fOlffi 424C
P,IlSCllbo<J lly OMB Cuculal
6
5i\
1
$
Authorized 'or local Reproduction
e
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PART V
ASSURANCeS
AIRPORT SPONSORS
A. GUNERAL.
1. These assurances shall be complied with in the perfonnance of grant ap"ments for airpon development, airport planning,
anfl..noise compatibility program grants to airpon sponsors.
2. These assurances are required to be submitted as pan of the project application by sponsors requesting funds under the
provisions of the Airport and Airway ImpI'OYCment Act of 1982, as amended by the Airpon and Airway Safety and Capacity
Expansion Act of 1987, or the Aviation Safety and Noise Abatement Act of 1979. As used herein, the tenn public agency
sponsor means a public agency with control of a public-u.sc airpon; the tenn private sponsor owner of a public-u.sc airport;
and the tenn sponsor includes public sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become pan of the grant
agreement.
B. DURATION AND APPUCABIUIY.
1. Airport Dcvdopmcut or NoiIe Compatibility Propam Projcds UDClc:rtakal by . Public AfPJIC1 Spaa8or. The terms,
conditions and assurances of the grant agreement shall remain in full fon:c and effect throughout the useful life of the
facilities developed or equipment Baluired for an airpon developmcnt or DOiIc compatibility propm project. or throughout
the useful life 0( the project items installed within a facility under a ooiIc compatibility program project. but in any event not
to exceed twenty (20) years from the date 0( acceptallCC 0( . grant offer 0( Federal funds for the project. H~r, there
shall be no limit on the duration of the assurance against exclusive rights or the terms, conditions, and Uluranccs with
respect to real property acquired with Federal funds. Funhennore, the duration 0( the Civil Rights Ulurance shall be as
specified in the assurance.
2. Airport DcwdopmcDt or NoiIe Compatibility Propam Projcds UDClc:rtakal by . PrivaIc SpaaIU. The preceding paragraph 1
also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of
facilities de~loped or equipment acquired under an airport development or noise compatibility program project shall be no
less than 10 years from the date of the acceptance of Federal aid for the project.
3. Airport PIa1uliDc UocScttakal by a SpooI1or. Unless otherwise specified in the grant agreement, only As5urances 1, 2, 3, S, 6,
13. 18, 30, 32, 33, 34. and 36 in Section C apply to planning projects. The terms, conditions, and assurances of the grant
agreement shall remain in full force and effect during the life of the project.
e. SPONSOR CEIOlFICATION. The sponsor hereby assUIU and certifiC$, with respect to this grant that:
1. GcDeraI Federal Rcquin:mcD1S. It will comply with all applicable Pederal laws, regulations, executive orders, policies,
guidelines and requirements as they relate to the application, acceptance and use 0( Pederal funds for this project including
but not limited to the following:
Federal LcpIatioa
a. Federal Aviation Act of 1958 - 49 U.S.e. 1301,~.s..
b. Davis-Bacon Act - 40 U.s.e. 276(a),~.s..'
c. Pederal Pair Labor Standards Act of 1938 - 29 U.S.e. 201,~~.
d. Hatch Act - S U.S.e. 1501,~~.'
e. Unifonn Relocation Assistance and Real Property Al:quisition Policies Act of 1970 - 42 U.S.e. 4601, ~~.' - I
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.s.e. 47O(f).'
g. Archeological and Historic Preservation Act of 1974 . 16 U.s.e. 469 through 469C.'
h. Flood Disuter Protection Act of 1973 - Section 1000a) - 41 U.s.e. 4012a.'
i. Rehabilitation Act of 1973 - 29 U.s.e. 794.
j. Ovil Rights Act of 1964 - Title VI - 42 U.s.e. 2000d througb d-4.
It. Aviation Safety and Noise Abatement Ai:t 0(1979, 49 U.s.e. 2101,~.5.
I. Age Discrimination Act of 1975 - 41 U.s.e. 6101,~.5'
m. Architectural Barriers Act of 1968 - 42 U.s.e. 4lS1,~.5.'
n. Airpon and Airway ImpI'OYCment Act of 1982, as amended - 49 U.s.e. 2201, et,!!:g.
o. Powerplant and Industrial Puel Use Act of 1978 - Section 403 - 2 u.s.e. 83737
p. Contract Work Hours and Safety Standards Act - 40 u.s.e. 327,~.5"
q. Copeland Antikickback Act - 18 U.s.e. 874.'
r. National Environmental Policy Act of 1969 - 42 U.s.e. 4321,~.s..'
s. Endangered Species Act - 16 U.s.e. 668(a),~~.'
t. Single Audit Act of 1984 - 31 U.s.e. 7S01,~.s..
u. Drug-Free Workplace Act of 1988 - 41 U.S.e. 702 through 706.
v. Aviation Safety and Capacity Expansion Act of 1990.
P.xa:utive Orders.
Excculive Order 12372 . Intergovernmental Review of Pederal Programs
Executive Order 11246 - Equal Employment Opponunity'
Federal RcpIatioal.
a. 49 CPR Pan 18 _ Unifonn Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments. ]
b. 49 CFR Part 20 - Restrictions or Lobbying.
Airport Assurances (11-92)
Page 1 of 9
PP-A-1
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c. 49 CFR Part 21 _ Nondiscrimination in Federally-Assisted Programs of tbe Department of Transportation - Effectuation
of Title VI of the Civil Rights Act of 1964.
d. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs.
e. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition Regulation for Federal and Federally
assisted Programs. I - I
r. 49 CPR Part 27 - Non-Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from
Federal Financial Assistance.'
g. 49 CFR Part 29 . Debarments Suspensions and Voluntary Exclusions.
r.~~? CFR Part 30 . Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny
Procurement Market Access to U.S. Contractors.
i. 29 CFR Part 1 - Procedures for Predetermination of Wage Rates.'
j. 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Works Financed in Whole or Part by Loans
or Grants from U.S.'
k. 29 CPR Part 5 . Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction. I .
I. 41 CPR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor (Federal and Federally-assisted Contracting Requirements).'
m. 14 CPR Part 150 - Airport Noise Compatibility Planning.
Office: d ~t aDd Budcct Pn:uIaJs (OMB).
a. A~ . Cost Principles Applicable to Grants and Contracts with State and Local Governments.'
b, A-l28 - Audits of State and Local Governments.t
"These laM do not apply to airport planning sponsors.
~ese laws do not apply to private sponsors.
'49 CPR Part 18 and OMB On:ular A-n contain requirements for State and local governments receiving Federal
assistance. Any requirement levied upon State and local governmentJ by this regulation and c:in:ular mall also be
applicable to private sponsors receiving Federal assistance under the Airport and Airway Improvement Act of 1982, as
amended.
Specific assurances required to be included in grant agreementJ by any of the a~ IaWli, regulatiolUi or circulars are incorporated
by reference in the granl agreement.
2. ~"bility aDd Authority d the ~.
L Public AtJ:ot:1 SpoII8or: It has legal authority to apply for the grant, and to finance and carry out the propo5ed project;
that a resolution, motion or similar action has been duly adopted or pused as an ofrJCiaI act of the applicant's ~rning
body authorizing the filing of the application, including all understandinp and assurances contained therein, and directing
and authorizing the person identified IS the official representative ol the applicant to act in connection with the
application and to provide such additional information IS may be required.
b. Private ~ It has legal authority to apply for the grant and to rUWICC and carry out the propo5ed project and
comply with all terms, conditiolUi, and assurances of this grant agreemenL It sba1l designate an ofrJCiaI representative
and shall in wriling direct and authorize that person to file this applicatioa, including all understandinp and assurances
contained therein; to act in connection with the application; and to provide such additional information IS may be
required.
3. ~ FlIDd Availability. It hIS sufficient funds available for that portion of the project CClltts whicb are not to be paid by
the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant
agreement which it will own or control.
4. Good TrtJe.
a. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will live assurance
satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility propam projects to be carried out on the property ol the sponsor, it holds &oed title satisfactory
to the Secretary to that portion ol the property upon whicb Federal funds will be upended or will civc assUlBlICC to the
Secretary that &ClOd title will be obtained.
S. Prea:rviDc Ripu aDd Powers.
a. At will not take or permit any action whicb would operate to deprive it of any of the rights and powers IlCCC$SIl)' to
perform any or all of the terms, conditiOlUi, and usurances in the pant apeement witbout the written approval of the
Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which
would interfere with such performance by the sponsor. This mall be done in a manner acceptable to tbe Secretary.
b. It will not sell, lease, encumber or otherwise transfer or dispo&c: of any part of itJ title or other interestJ in the property
shown on Bxhibit A to this application or, for a noise compatibility propam project, that portion of the property upon
which Federal funds IwJe been upended, for the duration ol the terms, cooditicms, and usurances in the grant
agreement without approval by the Secretary. U the traIISCeree iI fouod by the Secretary to be eligible under the Airport
and AiIWllY Improvement Act of 1982 to assume the obligatioaa ol the grant agreement and to Uw the power, authority,
and financial resources to carry out all sucb obligation&, the IpODlIOI' Iba1I iDlert in the contract or doaIment transferring
or disposing of the spolUiOr'S interest, and make binding upon the transferee, all of the terms, conditiolUi, and assurances
contained in this grant agreement.
Airpon Assurances (11-92)
Page 2 of 9
PP-A-l
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c. Por all noise compatibility prognm projects which arc to be carried out by another unit of local gov1:rnment or are on
property owned by a unit of local ~rnment other than tbe IpODSOr, it will enter into an agreement with that
gov1:rnment. Except as otherwise specified by the Secretary, that agreement sball obligate that government to the same
tenns, conditions, and assurances that would be applicable to it if it applied directly to the PAA for a grant to undertake
the noise compatibility program project. That agreement and cbanges thereto must be satisfactory to the Secretary. It
will take step; to enforce this agreement against the local gov1:rnment if there is substantial noncompliance with the
terms of the agreement.
d. _ ,-?"", noise compatibility prognm projects to be carried out 011 privately owned property, it will enter into aD agreement
with the owner of that property wbich includes provisions specified by tbe Secretary. It will take step' to enforce this
agreement against the property owner wbenCVl:r there is substantial noncompliance with the terms of tbe agreement.
e. If the sponsor is a private sponsor, it will take step' satisfactory to the Secretary to ensure that the airport will continue
to function as a public-use airport in accordance with these assurances for tbe duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor
or an employee of the sponser, the sponsor will reserve suffICient rights and authority to ensure that the airport will be
operated and maintained in accordance with the Airport and Airway Imp~ment Act of 1982, the regulations and the
tenns, conditions and assurances in the grant agreement and shall ensure that such arrangement also requires compliance
therewith.
6. CoaFPo--y with Lcxal P\aos. The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the state in wbich the project is located to plan for the dCVl:lopment of
the area surrounding the airport. For noise compatibility program projects., other than land acquisition, to be carried out on
property not owned by the airport and over wbich property another public ageDcy bas land use control or authority, the
sponsor shall obtain from each such agency a written declaratiOl1 tbat such agency supports that project and the project is
reasonably consistent with the agency's plans regarding the property.
7. Coas;idcIatioa at Lcxallaten:st. It hu giveD fair consideration to the interest of communities in or near wbich the project
may be located.
8. o-dtatioG with Users. In making a decision to undertake aDY airport development project under the Airport and Airway
Impn:M:ment Act of 1982, it has undertaken reasonable consultations with affected parties using the airport at wbich the
project is proposed.
9. Public HcariDp. In projects involving the location of an airport. an airport runway, or a major runway extension, it has
afforded the opportunity for public hearings for the purpo5C of considering the economic. social, and environmental effects of
the airport or Nnway location and its consistency with the goals and objectives of such planning as bas been carried out by
the community and it shall, wben requested by the Secretary, submit a copy of the transcript of such hearings to the
Secretary. Further, for such projects., it bas on its management board either voting representation from the communities
where the project is located or has advised the communities that they have the right to petition the Secretary concerning a
proposed project.
10. Air lIDCl Water Quality StIIDdadL ID projects involving airport IocatioG, a major run_y extension, or run_y IocatiOl1 it will
provide for the Governor of the state in which the project . located to certify in writing to the Secretary that the project will
be located, dC$igned, constructed, and operated so as to comply with applicable air and _ter quality standards. la any case
where such standards have nOl been applO\l'cd and where applicable air and _ter quality staDdardi bave been promulgated
by the Administrator of the Environmental Protection A&ency, certiflCltioG sba1J be obtained from such Administrator.
Notice of certification or refusal to certify shall be provided within sixty days after the project application bas been received
by the Secretary.
11. Lcxal Appmval. In projects involving the constNction or extension of any run_y at any general aviation airport located
astride a line separating twO counties within a single state, it has received appl'OYllI for the project from the governing body of
all villages incorporated under the laws of thaI state wbich are located entirely within fM: miles of the nearest boundary of
the airport.
12. TermiDaI DcvdopmeDt f\-....~b. For projects wbich include tenninal development at a public airport. it has, 011 tbe date
of submittal of the project grant application, all the safety equipment required for certiflCltiOl1 of such airport under
Section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and hu
provided for accca to the JlUICnp:r eDp1ani1ll aDd deplaning ua at IUCIl airport to ]lUICIlgelS enplanioc or deplaning from
aircraft other than air carrier aircrafL
13. Aa:oIIIDIiDc s,m:m. ADdit, lIDCl R.ccIllIdbcpia& Lq~1IL
a. It shall keep all project accounts and records which fully dilclolc the amount and dispolitiOl1 by the recipient of the
proceeds of the grant, the total C05t of the project in COC1DCClioo with which the grant is civen or used, and the amount
and nature of that portion of the C05t of the project supplied by other 1OUrce&, and IUdl other fUIADCiaJ records pertinent
to the project. The accounts and records shall be kcpt in accorcIaDce with &II aa::ounting system that will facilitate an
effective audit in accordance with the Single Audit Act of 1984.
b. It shall make awilable to the Secretary and the Comptroller General at the United States, or any of their duly
authorized representative$, for the purpo5C of audit and cxamiDatioG, &IIY boob, documeDt&, papers, aDd records of the
recipient that are pertinent to the granL The Secretary may requile that &II appropriate audit be CODductcd by a
recipient. In any case in wbich an independent audit . made 01 the accounts 01 a IpOGIOI' re1alinC to the dispoUtioo of
the proceeds of a grant or relating to the project in coaDec:lioe with which the grant _ pD or used. it shall file a
certified copy of such audit with the Comptroller General 01 the United States DOt later than 6 months following tbe
c10&c of the liliC31 )'l:Br for which the audit WlUi made.
Airport Assurances (11-92)
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14. Minimum Wage Rates. It shall include, in all contracts in excess oC $2,000 for work on any projects funded under the grant
agreement which involve labor, provisions establishing minimum rates oC wages. to be predetermined by tbe ~tary oC
Labor, in accordance with the Davis-Bacon Act, as amended (40 U.s.e. 2761-2761-5), which contractors shall pay to skilled
and unskilled labor, and such minimum rates shall be stated in tbe invitation for bids and shall be included in prop0681s or
bids Cor the work.
15. VcteraDS Prdcrcoa:. It shall include, in all contracts for work on any projects funded under tbe grant agreement which
involve labor, such provisions IS are necessary to ensun:: that, in the employment oC labor (except in executive, administratM,
an<i~uflCrvisory positions), pn::ference shall be given to veterans oC the V"lCtnam era and disabled veterans IS defined in
Section 515(c)(I) and (2) of the Airport and Airway Improvement Act 011982. H~r, this pn::fen::nce sba1l apply only
where tbe individuals an:: available and qualified to perform the wort to which the employment n::lates.
16. CoaCormity to PIanI aDd ~tinno. It will execute the project subject to plans, specifiClltions, and schedules approved by
the Secretary. Such plans, specifications, and scbedules shaD be submitted to the Secretary prior to commencement oC site
preparation, construction, or other performance under this grant agreement, and, upon approval by the ~tary, shaD be
incorporated into this grant agreement. Any modifications to the approved pians, specifiClltiOns, and schedules shall also be
subject to approval by the ~tary and incorporation into the grant agreement.
17. CoaItrYctioa lDSfl [moo aDd Approval. It will provide and maintain competent technical supervision at the construction site
throughout the project to assure that the work con Corms with the plans, specifications, and schedules approved by the
Secn::tary Cor the project. It shall subject the construction work on any project contained in an approved project application
to inspection and approval by the Secretary and such work shall be in accordance witb regulations and procedures prescribed
by the Secretary. Such regulations and procedures shall requin:: such CO&t and progreu reporting by the sponsor or sponsors
oC such project as the ~tary shall deem necessary.
18. I'IaDDiDc Projc:d:L In carrying out planning projects:
a. It will execute the project in accordance witb the approvcd program IllUntive contained in the project application or with
modifications similarly approved.
b. It will Curnish the Secretary with such periodic reports IS required penaining to the planning project and planning work
activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was
prepared under a grant provided by the United States.
d. It will make such material available Cor examination by the public, and agrees that no material prepared with Cunds under
this project shall be subject to copyright in the United States or any other country.
e. It will ~ the ~tary unrestricted authority to publish, disclo5e, distribute. and otherwise use any 01 the material
pn::pared in connection with this grant.
f. It will grant the ~tary tbe right to disapprove the sponsor's employment oC specifIC consultants and their
subcontnlCtors to do all or any part 01 this project IS weD IS the ript to disapprove the propoKd scope and CO&t 01
proCessional semces.
g. It will grant the ~tary tbe right to disapprove the use 01 the sponsor's employee$ to do all or any part oC the project.
h. It understands and agrees that the ~tary's approval of this project grant or the Secretary's applO\llll oC any planning
material developed as part oC this grant does not constitute or imply any assurance or commitment on the part of the
Secretary to approve any pending or Cuture application Cor a Federal airport pnt.
19. Opemioa aDd NaiDtaIaGCe.
a. It will suitably operate and maintain the airport and all facilities thereoa or COtlIIected therewith. with due regard to
climatic and nood conditionL Any propoul to temporarily dale the airport for DODIICroaauticaJ purpoiCl must (ust be
approvcd by the Secretary. The airport and all facilities which are DCCICIIUy to se~ the aeronautical users 01 the
airport, other than facilities owned or coatroUcd by the United State&, sba1l be operated at all times in a safe and
serviceable coaditioo and in aa:ordance with the minimum It.UIdudi . may be required or pn:scribed by applicable
Federal, state, and local agencies (or maintenana: and operatioD. It will DOt cause or permit any activity or action
thereon which would interfen:: with its use Cor airpon purpolCL
In Curtherance oC this assurance, the sponsor will IuM: in effect at all times arrangements for-
(1) Operating the airport's aeronautical facilities wbencver required;
(2) Promptly marting and lighting hazards resulting from airport conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting aeroaautical use 01 the airport.
Nothing contained herein shall be construed to requin:: that the airport be operated for aerooauticaJ use during
temporary periods when snow, nood, or other dimatic conditioal interfen:: with IUCb operatioo aod maintenance.
Further, nothing herein shall be construed IS requiring the maintenana:, repair, restoration, or replacement 01 any
structun:: or Cacility which i5 substantially damaged or dest~ due to an act 01 God or otber coaditioa or cimllnstancc
beyond the control of the sponsor.
Airport Assurances (1 ]-92)
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b. It will suitably operate and maintain noise compatibility program items that it 0WI\i or controls upon which Federal funds
have been expended.
20. Hazmd Jt.cmooraI ad Mitiptioa. It will take appropriate action to Ulure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including establisbed minimum flight altitudes) will be adequately cleared and
protected by removing, lowering, relocating, marking, or lighting or othelWi&e mitigating existing airport hazards and by
preventing the: establishme:nt or creation of future airport hazards.
21. c:,' :-tible Laud Usc.. It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purp06C5 compatible with
normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility
program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce the
compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22. Ecooomic: Noodia:rimiDatioa.
a. It will make its airport available 115 an airport for public-use on fair and reasonable terms and without unjust
discrimination, to all types, kinds, and classc:s of aeronautical uses.
b. In any agreement, contract, lease or other arrangement under which a right or privilege at the airport is granted to any
person, firm, or corporation to conduct or engage in any 8Crooautical activity for furnishing services to the public at the
airport, the sponsor will insert and enforce provisions requiring the contractor to -
(1) furnish said services on a fair, equal, and not unjustly di.sc:riminatory bll5is to all users thereof, and
(2) charge fair, reasonable, and not unjustly discriminatory prices (or each unit or service, provided, that the contractor
may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price
reductions to volume purchuers.
c. Each fixed-based operator at any airport owned by the sponsor shall be subject to the same rates, fees, rentals, and other
charges 115 are uniformly applicable to all other flXed-based operators malting the same or similar uses of such airport
and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any flXed-based opc:rator that is
authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether 85 a tenant, nontenant, or subtenant of another air carrier tenant) shall be
subject to such nondiscriminatory and substantially comparable rules, reculations, conditions, rates, fees, rentals, and
other charges with respect to facilities directly and substantially related to providing air transportation u are applicable
to all such air carriers which make similar use o( such airport and which utilize similar facilities, subject to reasonable
classifications such 115 tenants or non tenants and signatory carriers and nonsignatory carriers. Oassification or status as
tenant or signatory shall not be unreasonably withheld by any airport provided aD air carrier assumes obligations
substantially similar to th06C already imposed on air carriers in such classifications or status.
f. It will not exercise or grant any right or privilege which opc:rates to prevent any peIS9D, firm, or corporation operating
aircraft on the airport from performing any services on its own aircraft with its own emplO)'"$ (including. but not limited
to maintenance, repair, and (ueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rigbts ad privileges refem:d to in this Uluraoce, the services involved
will be provided on the same conditions as would apply to the fumishiq of such scrviccl by contractors or
concc:ssionaires of the sponsor under these provisions.
h. The sponsor may C$tablish iucb fair, equal, and not unjU5tly dilc:rimiDatory conditions to be met by aU users of the:
airport 115 may be necessary for the safe and efficient opc:ration of the airport.
i. The sponsor may prohibit or limit any given type. kind, or clul of aeronautical use of the airport if such action is
necessary for the sa(e operation of the airport or necessaty to serve the civil aviation Deeds of the public.
n E!IduIM: Ripas. It will permit no exclusive right for the use of the airport by any persons providing. or intending to
provide, aeronautical serviCC$ to the public. Por purposes of this paragraph, the providing of services at an airport by a single
ru:ed-bascd operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical (or more than one rlXed-bucd opc:rator to provide iuch
services, and
b. If allowing more than one ftxcd-bascd operator to provide such services would require the reduction of space leased
pursuant to an exi5ting agreement betwl:Cn iuch single fixcd.bucd operator and such airport.
It further agrec:s that it will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive
right at the airport, or at any other airport now owned or controlled by it, to conduct any aeronautical activities, including.
but not limited to charter nights, pilot training. aircraft rental and sightseeing. aerial photography, crop dusting. aerial
advertising and surveying. air carrier operation&, aircraft sa1C1 and acMces, aa1c of aviation petroleum produc:a wbcther or
not conducted in conjunction with other aeronautical activity, repair and maintenance of airaaft, sale of airaaft parts, and
any other activities which because of their direct relationsbip to tbe opc:ration of aircraft can be regarded u an aeronautical
activity, and that it will terminate any exclusive right to cooduct an aeronautical activity now existing at iucb an airport before
the grant o( any Ulistance under the Airport and Airway Improvement Act of 1982.
Airport Assurances (11-92)
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24. Fcc aDd R/:ntal Structure. It will maintain a fee and rental structure consistent with Assurances 22 and 23, for the facilities
and services being provided the airport IISCrs which will make the airport as sclf-5ustaining as possible under the
ci1'C\lmstances existing at that particular airport, taking into account such factors as the volume of traffic and economy of
collection. No part of the Pederal share oC an airport development, airport planning. or noise compatibility project for which
a grant is made under the Airport and Airway Improvement Act oC 1982. the Federal Airport Act or the Airport and Airway
Development Act of 1970 shall be included in the rate base in establishing fees, rates, and charges for IISCrs oC that airport.
15. Airport ac-uc. If the airport is under the control oC a public agency. all ~nuCl generated by the airport and any kx:al
ta.Y~.xOI1 aviation fuel established after December 30. 1987, will be expended by it for the capital or operatinc C05ts of the
airpOrt;the local airport system; or other local facilities which arc owned or operated by the owner or operator of the airport
and dilUtly and substantially related to the actual air transportation of passengers or property; or for noise mitigation
purposes on or of( the airport. Provided, however, that if covenants or assurances in debt obligations issued before
September 3, 1982. by the owner or operator of the airport, or provisions enacted before September 3. 1982, in governing
stalutes controlling the owner or operator's financing, provide for the IISC oC the ~nues from any of the airport owner or
operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general
debt obligations or other facilities. then this limitation on the IISC oC all ~nues generated by the airport (and, in the case of
a public airport. local taxes on aviation fuel) shall not apply.
26. IlcpoI'ts aDd bI5p ~ r:ri- ~ It will submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request. A report of the airport budget will be available to the public at reasonable times and
places. For airport development projects, it will also make the airport and all airport records and dOC\lIDCnts affecting the
airport. including deeds, lease&, operation and IISC agreements, regulatioos and other instruments, avaiJable for inspection by
any duly authorized agent of the Secretary upon reasonable request. For noise compatibility propam projects, it will also
make records and dOC\lments relating to the project and continued compliance with the terms, conditions, and assurances of
the grant agreement including deeds, lease&, agreements, regulations, and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request.
'ET. UiIC ol Govcmmcnt Ain:rafl It will make available all of the facilities of the airport developed with Federal financial
assistance and all those usable for landing and takeoff oC aircraft to the United States for IISC by Government aircraft in
common with other aircraft at all times without charge. except. if the IISC by Government aircraft is substantial. charge may
be made for a reasonable share, proportional to such IISC, for the C05t of operating and maintaining the facilities \ISc:d.
Unless otherwise detennined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of
an airport by government aircraft will be considered to exist when operations of such aircraft are in cxc:css of those which, in
the opinion of the Secretary, would unduly interfere with IISC of the landing areas by other authorized aircraft. or during any
calendar month that-
a. rrve (5) or more government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of government aircraft is 300 or more, or the
gro&S accumulative weight of government aircraft using the airport (the total movements of government aircraft
multiplied by gross weights of such aircraft) is in excess of rrve million pounds.
28. Laod for' PcdcaI PKilitXs. It will furnish without C05t to the Federal ~rnment for IISC in connection with any air traffic
control or air navigation activities, or weather-reporting and communication activities related to air traffIC control. any areas
of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers nCCCSSllry or desirable for
construction, operation. and maintenance at Federal expense of speoe or facilities for such purposes. Such areas or any
portion thereof will be made available as provided herein within four months after rcc:cipt oC a written request from the
Secretary.
29. Airport u,out Plan.
a. It will keep up to date at all times an airport layout plan of the airport Ibowin& (1) boundaries of the airport and all
proposed additions thereto, together witb the boundaries ol all olfIite areas 0WDCd or coatrollcd by the IpOCIIOr for
airport purpolCS and propolCC1 additioos thereto; (2) the Iocatioa and natuR of all exiRin& and propoICCI airport facilities
and 5tructurcs (such as runways, taxiways, aprons, terminal buildings, hanpIs, and roads), incIudiq all propo&cd
extensions and reductions of existing airport facilities; and (3) the Iocatioa of all cxistiq and propelled noaaviation areas
and or all existing improvements thereon. Such airport layout plan and cadi amcndlDCllt, revision, or modUacatioa
thereof. shall be subject to the appJOYal of the Secretary wbic:b appJOYalIball be cvidcaced by the aipaturc of a duly
authorized representative of the Secretary on the face of the airport layout plan. The IpOCIIOr will not make or pennit
any changes or alterations in the airport or in any of its facilities wbic:b arc DOt in conformity with the airport layout plan
as approved by the Secretary and which might. in the opinion of the Secretary, a~rscly affect the safety, utility, or
efficiency of the airport.
b. If a change or alteration in the airport or its facilities is made wbic:b the Secretary determines a~rscly affects the safety,
utility, or efficiency of any Federally owned, 1cascd. or funded property on or olf the airport and wbich is not in
confonnity with the airport layout plan as approved by the Secretary, the OWDCr or operator will. if requested by the
Secretary (1) eliminate such a~rsc effect in a IIWlIICr approved by the Secretary; or (2) bear all C05U of relocating such
property (or replacement thereof) to a site ac:ccptable to the Secretary and all C05ts of restoring such property (or
repllacement thereof) to the level or 5Ifety, utility, efficiency, and cost of operation existing before the unapproved change
in the airport or its facilities.
Alrpon Assurances (11-92)
Page 6 of 9
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30. CM1 Ri&hts.. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed,
color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from
funds n:ccived from 'this grant. This assurance obligates the sponsor for the period during which Federal rmandal assistance
is extended to the program, except where Federal financial assistance is to provide, or is in the fonn of personal property or
real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or
any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for
which Federal financial assistance is extended. or for another purpose inYOlvin& the provision of similar services or benefits or
(b) the period during which the sponsor retains ownership or possession of tbe property.
-.s~
31. DispoaI of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will, when the land is no longer needed for
such purposes, dispose of such land at fair market value at the earliest practicable time. lbat portion of the proceeds of
such disposition which is proportionate to the United States share of the COlit acquisition of such land will, at the
discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Pund or (2) be reinvested in an
approved noise compatibility project as prescribed by the Secretary.
b, (1) For land purchased under a grant for airport development (other than noise compatibility) purposes, it will, when
the land is no longer needed for airport purposes. dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States proportionate share of the fair market value of the land. That
portion of the proceeds of such disposition which is proportionate to the United States share of the cost of
acquisition of such land, will, (a) upon application to the Secretary, be reinvested in another eligible airport
improvement project or projectS approved by the Secretary at that airport or within the national airport system, or
(b) be paid to the Secretary for deposit in the Trust Pund if no such eligible project exists.
(2) Land shall be considercd to be needed for airport purposes under this assurance if (a) it may be needed for
aeronautical purposes (including runway protection zone) or sena u noise buffer land, and (b) the revenue from
interim uses of such land contributes to the finandal self_ffJCienc:y of the airport. Purther, land purchased with a
grant n:ccived by an airport operator or owner before D<<ember 31, 1987, will be considercd to be nceded for
airport purposes if the Secretary or the Federal agency making such grant before D<<ember 1, 1987, was notified by
the operator or owner of the use of such land, did DOt object to such use, and the land continues to be used for
that purpose:, such use having commenced not later than December 15, 1989.
c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein
necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with
the operation of the airport.
32. ~ aDd Dcsip Scrvic:a. It will IIW8rd each contract, or subcontract for program management, construction
management, planning studies, feasibility studies, architectural services, preliminary engineering, dcsign, engineering, survcying,
mapping, or related services with respect to the project in the same manncr u a contract for architectural and cngineering
services is ncgotiatcd under 'TItlc IX of the Pederal Property and AdministraiM Services Act of 1949 or an equivalent
qualifications-based requiremcnt prescribed for or by the sponsor of thc airport.
D. Porcip Mutct R.cstrid:icXL It will not allow funds provided undcr this grant 10 be used to fund any project which uses any
product or service of a foreign country during the period in which each foreign country is listed by the United States Trade
Representative as denying fair and equitable market opportunitics for prodUCU and suppliel'5 of the United Statcs in
procurement and construction.
34. PoIic:ics, StaDdards, aDd ~nn- It will carry out the project in accordance with policies, standards, and specifications
approved by the Secretary including but not limited to the advisory c:imaJars listed in the .Current PAA Advisory Circulars
for AlP Projects," dated Novaabc:r 'n, 1992, and included in this grant, and in accordance with ~pplicable state policies,
standards, and specifications approved by the Secretary.
lS. IU........tinft aDd Rca.1 Property AMt~ (1) It will be guided in acquiring real property, 10 the palest cxlcnt practicable
under State law, by thc land acquisition policies in Subpart B of 49 (]lR. Part 24 and will pay or reimbullC property owners
for nCCC$Slry expenses u specified in Subpart B. (2) It will provide a rdocatioa ,,",,id,,~ propam offenn, the services
described in Subpart C and fair and reasonable relocation payments and _stance 10 displaced persons u requircd in
Subparts 0 and E of 49 CPR Part 24. (3) It will make available within a reuoaable period of time prior 10 displacement
comparablc replacement dwellings to displaced persons in accordance with Subpart E of 49 CPR Part 24.
36. ~ WortplKe. It will provide a drug-free wortplac:c at the site of wort specified in the pant application in
accordance with 49 CPR Part 29 by (1) publishing a statcmcnt notifying its employees that the unlawful manufacture,
distribution, dispensing, po6SCSSion or use of a control.led sub5tance is probibited in the spoosor's wort:pjacc and specifying
the actions that will be takcn against its employees for violation of audI probibitioa: (2) cstablishing a drug-free .....reness
program to infonn its employees about the dangers of drug abuse in the wortpIace and any available drug counseling,
rehabilitation, and employees assistance programs: (3) notifying the PM within ten days after receiving DOtice of an
employee criminal dl1lg statute conviction Cor a violation oc:curriDl in the wort:pjacc: and (4) makin& a &cod Caith effort to
maintain a drug-free workplace.
Airpon Assurances (11-92)
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aJRRENI' PAA ADVISORY aRaJLARS FOR AlP PRomcrs
EffcctM: Date: NOYI:mbcr 27, 1992
NUMBER
7O/7460-1G
150/5{~_1~ij
CHG 1
150/5200-30
CHG 1 &: 2
150/5210-5B
150/5210-78
150/5210-14
150/5210-15
150/5220-4A
150/5220-10
CHG 1 &: 2
150/5220-11
150/5220-12
150/5220-13A
150/5220-14A
150/5220-15
150/5220-16
150/5220-17
150/5300-13
150/5320-5B
15O/532O-6C
CHO 1 &: 2
150/5320-12A
150/5320-14
150/5325-4A
CliO 1
15O/5340-1F
150/5340-4C
CHO 1 &: 2
150/5340-5B
CHO 1
15O/5340-14B
CHG 1 &: 2
150/5340-178
150 /5340-18C
150/5340-19
150/5340-21
15O/5340-23B
150/5340-24
CHO 1
150/5340-27A
150/5345-30
150/5345-5A
150/5345-70
CHO 1
15O/5345-10E
15O/5345-12C
15O/5345-13A
15O/5345-26B
CHO 1 &: 2
15O/5345-27C
150/5345-280
15O/5345-39B
CHG 1
15O/534542C
150/5345430
150/5345440
150/534545A
15O/534S-46A
15O/534547A
150/534549A
150/5345-50
CHG 1
150/5345-51
CHG 1
150/5345-52
150/5360-9
150/5360-12
150/5360-13
150/5370-2C
SUBJBCr
Obstruction Marking and Lighting
Architectural, Engineering. and Planning Consultant ServilU for Airport Grant Projects
Airport Wintcr Safety and Operations
Painting. Marking and Lighting of Vehicles Used on an Airport
Aircraft Fire and Rescue Communicatiolli
Airport Fire and Rescue PCl50nnel Protective Cotbing
Airport Rescue and Firefighting Station Building Design
Water Supply Systems for Aircraft Fire and Rescue Protection
Guide Specification for WaterfFoam Type Aircraft Fire and Rescue Trucks
Airport Snowblower Specification Guide
Airport Sn~per SpecificatiOll Guide
Runway Surface Condition SclliOr Specif'Jcation Guide
Airport Fire and Rescue Vehicle Specification Guide .'
Buildings for Storage and Maintenance of Airport Soow Removal and Ice Control Equipment: A GUide
Automated Weather Observing Systems for Noa-PedcraJ Applicatiolli
Design Standards for Aircraft Rescue Fire-fighting Training Pacilities
Airport Design
Airport Drainage
Airport Pavement Design and Evaluation
Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
Airport Landscaping for Noise Control P\lrposcs
Runway length Requirements for Airport Design
Marking of Paved Areas on Airpons
Installation Details for Runway Centerline ToucbdOMl Zooc Lighting Systems
Segmented Circle Airport Marker System
Economy Approach Lighting Aids
Standby Power for Non-PAA Airport Lighting Systems
Standards for Airport Sign Systems
Taxiway Centerline Lighting System
Airport Miscellancous Lighting VISual Aids
Supplemental Wind Cones
Runway and Taxiway Edge Lighting System
Air-To-Ground Radio Control of Airport Lighting Systems
Specification for 1..-821 Panels for Remote Control of Airport Lighting
Cil'C\lit Selector Switch
Specification for L-824 Underground Electrical Cable for Airport Lipting Circuits
SpecifICation for Constant Current Regulators Regulator MOIlitors
Specification for Airport and Heliport Beacaa
Specification for L.841 Auxiliary Relay Cabinet Al&cmbly for Pi10t Control of Airport Lighting Cil'C\lits
Specificatiolli for L-323 Plug and ~. Cable CoIlDcctors
Specification for Wind Cones Assemblies
Precision Approach Path Indicator (PAPI) Systems
FAA Specification L-8S3, Runway and Taxiway Centerline Retrol1ective Markers
Specification for Airport Lipt Bales, TralliCormcr Housinp, Junction Boxes and Accessories
Specification for Obstruction Lipting Equipment
Specification for Taxiway and RullW1lY Sip
Lightweight Approach Light Structure
Specification for Runway and Taxiway Liebt FIXtUres
Isolation Transformers for Airport LiebtiDa SystelDl
Specification L-854, Radio Control Equipment
Specification for Portable Runway Liebts
Specification for Discharge-Type P1uher Equipment
Generic Visual Glideslope Indicators (GVGI)
Planning and DesilD of Airport Terminal Pacilities at Non-Hub LocatiOlli
Airport Signing and Graphics .
Planning and Design Guidance for Airport Terminal Facilities at Non-Hub Lcx:atJOIIi
Operational Safety on Airpons During Construction
Page 8 of 9
PP-A-l
Alrpon Assurances (11-92)
NUMBBIl
15O/5370-6B
150/5370-10A
150/5370-11
CHG_\~,..."c
150/5370-12
150/53~2
150/53~3
e
e
CUR.RENr PM ADVISORY CRaJIARS FOR AIP PROJECrS
(CoIlliDlICd)
SUBJECr
Construction Pr0gre&5 and Inspection Report-Airport Grant Program
Standards for Specifying Constructioa of Airporu
Use of Nondestructive Testing Dcvicc& in tbe Eva1uatioa of Airport Pavements
Quality Control of Construction for Airport Grant Projects
Heliport Design
Vertiport Design
Page 9 or 9
PP-A-1
Airport Assurances (11-92)
e
· 11
~T FOR CITY COUNCIL AGEND~
Agenda Date Requested: June 14 1993
Requested By: S, Gillett ~~ Department:
Report Resolution
Public Works
xxxx
Ordinance
Exhibits: Ordinance No. 93-1913
Bid Tabulation and Engineer's Recommendation
SUMMARY & RECOMMENDATION
The City of La Porte opened bids for the construction of improvements at
the La Porte Municipal Airport on June 8, 1993. Improvements include the
construction of taxiway and runway extensions, taxiway and runway overlay,
lighting and navigational improvements.
Bids were structured with three (3) alternates for additional work to
ensure the Project was within the budget established by the City and the
FAA. The alternates include the use of paving fabric with the proposed
overlays, and the overlay of both runways and taxiways with three (3)
inches of material. Base bid called for a two (2) inch overlay.
A total of eight (8) contractor were prequalified under the City's
prequalification process. Bids were received from six (6) prequalified
contractors. Low bid for both the base bid items and all three alternates
was received from Jones G. Finke, Inc. for a total bid of one million four
hundred sixty eight thousand three hundred thirty five dollars and forty
five cents ($1,468,335.54). This amount is within the budget established
by the City and the FAA. With the additional strength and service life of
the fabric and additional overlay, it is recommended that all three
alternates be included in the bid award.
Action Required by Council: Approve Ordinance No. 93-1913 approving a
contract between the City of La Porte and Jones G. Finke, Inc. in the
amount of $1,468,335.54 for the construction of improvements at the LA
Porte Municipal Airport.
Availability of Funds:
xxx X
General Fund
Capital Improvement
other - Airport Fund
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available: -XX-YES
NO
A
Council A enda
DA
."""" \
e
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ORDINANCE NO. 93-1913
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND JONES G. FINKE, INC., FOR CONSTRUCTION OF
IMPROVEMENTS AT THE LA PORTE MUNICIPAL AIRPORT; APPROPRIATING
$1,468,335.54 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 $1,468,335.54
from the Airport Fund 10 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
ratifies, approves and confirms such written notice and the
contents and posting thereof.
/"' c
e
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ORDINANCE NO. 93-1913
paqe 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of June, 1993.
CITY OF LA PORTE
By/bmk~
o an L. Ma 0 e
Mayor
ATTEST:
~~
Sue Lenes
City Secretary
SENT BY:8695502
; 6- 9-93 5:15PM
.
I
7138695502....
e
7134710578;# 21 2
.. Carter::......
;',. 4!.,t.I:'l!li<, II" h'lfjlll(lel i!iH, Ardlik:dll(("
p!t.lI II ,ill!) m.,d th.) E: Ivi I..lrllll(:nl
June 9. 1993
Mr. Steve Gillett
Director of Public Works
City of LaPone
604 West Fairmont Parkway
laPorte, Texas 77571
Re: AlP 3~48-o127-o6-93
Bid Opening
Dear Mr. Gillett,
We have reviewed end tabulated the above referenced bids and find that the
8pparent low bidder is Jones G. Finke. Inc.. with a bid as follows:
Unit I (Base Bid)
Unit II (Base Bid)
. 1,006,144.49
256,995.415
$ 1.263,139.94
TOTAL BASE BID
Alternate IA
Alternate 18
Alternate IC
$
53,107.20
81,692.60
70,396.80
$ 1.468,336.54
TOTAL BASE BID AND ALTERNATES
The contractor has submitted the required bid bond. Based on the above results and
the fact that the contractor has pre-qualified per city of laPorte requirements, we
recommend award of the project to Jones G. Finke, Iflc. including the Base Bids and
Alternates IA. IB, and IC fot the amount $ ,,468,336.54.
If we can be of further assistance, please give me 8 call.
Sincerely,
CARTER &. BURGESS. INC.
Walter E. Smith P.E., RPLS
Project Manager
WES/elr
WES.L03
!~lll:r & 8L!r9"~s, i'lC.
.5$ ..fI(Il'!:lh j">nVlt
:'~I:iIC ina:l
li';-','::')I . I...f.~!'. /it.Ki,. .:\'"
(/U) IMI}.f90(l
I . ,...~ ., .". ........
leu.v 1.;'1:1.', : t"
UNIT I BASE BID - EXTEND RUNWAY{TAXIWAY; OVERLAY (2"; DRAINAGE; PAVEMENT MARKINGS
e. ALTERNATE 1A - PAVING FABRIC ON RUNWAYS{TAXIWAYS
THREE (3) INCH OVERLAY ON RUNWAY 12-30 AND TAXIWAY A
ALTERNATE 1 B -
ALTERNATE 1C - THREE (3) INCH OVERLAY ON RUNWAY 5-23 AND TAXIWAY B
UNIT II BASE BID - ELECTRICAL IMPROVEMENTS
JUNE 8, 1993
LA PORTE MUNICIPAL AIRPORT
AlP PROJECT NO. 3-48-0127-06-93
BID TABULATION
I I UNIT I BASE BID I ALT.1A I ALT. 1 B I ALT 1C I UNIT II BASE BID !TOTAL BASE BID ! GRAND TOTAL !
KINSEL INDUSTRIES $1,088,148.23 $56,426.40 $112,464.00 $96,912.00 $279,864.00 $1,368,012.23 $1,633,814.63
DURWOOD GREEN NO BID $0.00 $0.00
BROWN & ROOT $1,098,208.92 $55,098.72 $121,523.60 $104,718.80 $231,761.50 $1,329,970.42 $1,611,311.54
CHAMPAGNE -WEBBER $1,143,725.35 $49,788.00 $99,968.00 $86,144.00 $248,572.00 $1,392,297.35 $1,628,197.35
JERDON CONSTRUCTION $1,185,327.50 $53,107.20 $106,216.00 $91,528.00 $242,205.00 $1,427,532.50 $1,678,383.70
T. L. JAMES NO BID $0.00 $0.00
JONES G. FINKE $1,006,144.49 $53,107.20 $81,692.60 $70,395.80 $256,995.45 $1,263,139.94 $1,468,335.54
HUBCO . $1,174.833.20 . 9:66 384.00 $128084.00 9:110372.00 9:240 205.00 9:1 415038.20 $1 719878.20
I !
, ,
ENGINEER'S ESTIMATE $1 302880.00 9:99 576.00 $223520.00 9: 148 060.00 $239 510.00 9:1 542390.00 $2013 546.00
· · /l
It
.-
REQUEST FOR CITY COUNCIL AGENDA ITEM
-----------------------------------------------------------------
-----------------------------------------------------------------
Agenda Date Requested:
6-14-93
Requested By:
Charles Harrinqton aaA! Department:
Planninq
Report
Resolution
x
Ordinance
Exhibits:
1.
2.
Bid Tabulation
Ordinance
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY & RECOMMENDATION
During the FY 1993 Budget process, Council approved the purchase of
land adjacent to Fire station No. 2 for the parking lot expansion
necessary to provide parking for the Volunteer Firemen. This land
was purchased in December of 1992.
In an effort to complete the project as soon as possible, the city
staff developed plans in-house for a twenty-five space parking lot
and sought the possible construction of a lot during this fiscal
year. As there were funds available from the 1989 Fire Improvement
Bonds remaining from the Fire Training Facility, the staff
advertised for bids on the project.
On May 24, 1993, city staff received bids for the construction of
the Fire station No. 2 Parking Lot Expansion; City of La Porte
Project No. 92-2201 (see attached bid tabulation). The project
will consist of construction of a twenty-five (25) car concrete
parking lot located at Fire station #2.
Staff has evaluated each bid and accompanying documentation for
completeness and accuracy. The low bid was submitted by Pas-Key
Construction Service, Inc., in the amount of $27,414.20 with an
estimated 45 calendar days to complete the project.
Staff recommends awarding the contract to Pas-Key Construction
Service, Inc., in the amount of $27,414.20 with the remaining
budgeted amount of $2,585.80 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 Pas-Key Construction service, Inc., in the amount of
$27,414.20 and $2,585.80 as a contingency for a total of $30,000.00
for the construction of a 25 car concrete parking lot located at
Fire Station No.2.
-----------------------------------------------------------------
-----------------------------------------------------------------
Availability of Funds:
Water/Wastewater
General Revenue
Sharing
x
General Fund
Capital Improvements
Other
Account No.: 029-500-200-852
Funds Available: -X- Yes
No
-----------------------------------------------------------------
-----------------------------------------------------------------
Approved for city Council Agenda
G~T' ~
Robert T. Herrera
City Manager
fo~q~q)
Date
=================================================================
-
,-
CONTRACTOR 5% BID BOND ACKNOWLEDGE CAlENDAR PRINCIPAL BID
ATTACHED ADDENDUM #1 DAYS TOTAL
Pas-Key Construction Servo Yes N.A. 45 $27,414.20
EMSCO Construction Co., Inc. Yes N.A. 35 $34,297.00
SCI Contractors, Inc. Yes N.A. 45 $36,158.92
Derk Harmsen Construction Co. Yes N.A. 45 $40,329.00
BID TABULATION
MAY 24, 1993
CITY OF LA PORTE
FIRE STATION NO.2
PARKING LOT EXPANSION
CLP PROJECT NO. 92-2201
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ORDINANCE NO. 93- 1914
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND PAS-KEY CONSTRUCTION SERVICE, INC., FOR
CONSTRUCTION OF FIRE STATION NO. 2 PARKING LOT EXPANSION;
APPROPRIATING $27,414.20 PLUS A CONTINGENCY OF $2,585.80 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 $27,414.20 plus
a contingency of $2,585.80 from Capital Improvement Fund #029-
500-200-852 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
e
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\
ORDINANCE NO. 93- 1914
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 14th day of June, 1993.
CITY OF LA PORTE
BY~b?tt1n,k
an L. 6 Mal e
Ma or
ATTEST:
~~/
Sue Lenes
City Secretary
· -L3
~
~T FOR CITY COUNCIL AGEND~
Agenda Date Requested: June 14. 1993
Requested By: steve Gillett~~ Department:
Report Resolution
LPAWA
xxx x
Ordinance
Exhibits: 1993-94 La Porte Area Water Authority Operatorls Agreement
Ordinance No. 93-1915
SUMMARY & RECOMMENDATION
The Agreement between the city of La Porte and the La Porte Area Water
Authority (LPAWA) for the operation and maintenance of the Authorityls
surface water transmission system will expire October 1, 1993.
The Board of Directors for the Authority approved the renewal of the
Agreement at the May 25, 1993 regular meeting. The Agreement was approved
concurrently with the 1993-94 LPAWA Budget, which will be considered by
Council during the cityls budget process. The Agreement is identical with
the terms and conditions of prior agreements, with the addition of a three
(3) year renewal option, subject to the approval of the Authority and the
City.
The Agreement provides for the payment to the city of La Porte of three
thousand three hundred and thirty three dollars and thirty three cents
($3,333.33) per month, for a total annual payment of forty thousand dollars
($40,000.00), for activity covered under the agreement. Any activity not
covered under the Agreement would be charged to the Authority at actual
cost. All supplies, materials and services will be charged to the 1993-94
LPAWA Operating Budget, to be approved by Council at a later date.
The Agreement will be effective October 1, 1993, and expires September 30,
1994, with three (3) one year renewal options.
Action Required by Council: Approve Ordinance No. 93-1915 authorizing the
Agreement between the City of La Porte and the La Porte Area Water
Authority for the operation and maintenance of the Authorityls surface
water transmission system for a total annual fee of $40,000.
Availability of Funds:
xxxx
General Fund
Capital Improvement
Other LPAWA Budget
Water/Wastewater
General Revenue Sharing
Account Number: 016-610-610-900
Funds Available: -XX-YES
NO
Approved for City Council Agenda
GJ~TI ~~
Robert T. Herrera
City Manager
~-q-q)
DATE
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ORDINANCE NO. 93-1915
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE LA PORTE AREA WATER AUTHORITY, FOR
OPERATION AND MAINTENANCE OF THE AUTHORITY'S SURFACE WATER
TRANSMISSION SYSTEM; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The city Council hereby approves and authorizes
the contract, agreement or other undertaking described in the
title of this ordinance, in substantially the form as shown in
the document which is attached hereto and incorporated herein by
this reference. The Mayor is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the city Hall
of the city for the time required by law preceding this meeting,
as required by the Open Meetings Law, Article 6252-17, Texas
Revised civil Statutes Annotated; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
e
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ORDINANCE NO. 93- 1915
paqe 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of June, 1993.
CITY OF LA PORTE
By/bt/:l~
Mayor
ATTEST: ~
~
Sue Lenes
City Secretary
AP~tJ
Knox w. As ~ns ·
City Attorney
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OPERATOR'S AGREEMENT
This agreement, entered into this 14th day of June , 19~, by and
between the La Porte Area Water Authority, acting by and through its duly
authorized officers (hereinafter sometimes referred to as "OWNER") and the
City of La Porte, Texas, acting by and through its duly authorized officers
(hereinafter sometimes referred to as "OPERATOR").
For and in consideration of the mutual undertakings herein contained,
Authority and City agree as follows:
I.
OPERATOR agrees to operate, maintain, repair, and manage OWNER'S property for
a term of one (1) year commencing October 1, 1993 with an option to renew
this agreement for an additional period of three (3) years, subject to the
agreement of both parties. This agreement is subject to termination at any
time without cause by either party giving ninety (90) day written notice to
the other.
II.
Operation shall consist of furnishing labor and administrative support
services to provide efficient operation, maintenance, and management of
OWNER'S transmission system, shown on record construction drawings on file at
the La Porte City Hall, and to provide clerical and administrative support
for the billing, accounting, and other support needed for efficient operation
of OWNER'S transmission system, which includes, but not limited to the
following:
1. Provide operating personnel at all times who hold valid water works
licenses issued by the Texas Water Commission.
2. Provide operating personnel on-call twenty-four (24) hours per day,
seven (7) days per week with a twenty-four (24) hour telephone
dispatching service and vehicles equipped with two-way radios.
3.
Provide clerical and administrative support for
accounting, supervisory, and other support as needed
efficient operation of OWNER'S transmission system.
billing,
for the
4. Daily check, at all customer takepoints, (including weekends and
holidays) :
a. All control systems;
b. Take meter readings; and
c. Check all electrical operations.
5. Collect, on a monthly basis, all necessary water samples as
required by local, state, and federal regulations.
6. Run complete chemical analysis of water supply.
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7. Prepare, submit, and furnish copy to OWNER all required reports to
local, state, and federal agencies having regulatory powers over
OWNER'S transmission system.
8. Furnish monthly operational, fiscal, and budgetary reports to
OWNER.
9. Prepare operation line-item budget estimate for OWNER'S approval
prior to the termination of this Agreement.
10. Perform preventive maintenance as required by
manufacturers' operating manuals, provided by OWNER.
equipment
11. Maintain required records of water system operations.
12. Report to OWNER system improvements and/or major repairs needed.
13. Prepare, mail, and collect monthly bills for water consumed by all
customers, in accordance with the Accounting Pol icy Statement
attached hereto as Exhibit "A".
14. Process invoices for materials, supplies, and serVlces necessary to
operate the water supply system.
15. Provide necessary office space in its facilities for a master
control center needed for the control, historical recording, and
reporting of the water transmission system.
III.
OPERATOR shall receive compensation for services enumerated in Section II
above in the amount of $ 3,333.33 per month, payable on or before the
15th day of each month that this Agreement remains in effect.
IV.
OPERATOR will procure, to OWNER'S account, supplies, materials, equipment,
and services, utilizing funds allocated in OWNER'S approved budget, attached
hereto as Exhibit "B", for the routine operation of OWNER'S transmission
system. OPERATOR shall conform to all applicable purchasing laws of the
State of Texas in the procurement of all supplies and materials necessary for
the operation of the transmission system.
v.
Repairs, adjustments, and operation of the system outside of the scope of
services outlined in Section II of this Agreement will be billed to OWNER on
an actual cost basis. Whenever possible, OPERATOR will obtain advance
approval from OWNER prior to beginning non-routine work; however, OPERATOR is
authorized to proceed, unless specifically directed otherwise, in those cases
deemed necessary by the OPERATOR.
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VI.
OPERATOR will exerClse good judgement in the replacement of equipment under
this Agreement. OWNER will not hold OPERATOR responsible for guarantees or
warranties for such equipment. The OPERATOR will make responsible efforts to
secure normal guarantees to OWNER.
VII.
OPERATOR is retained by OWNER only for the purpose and to the extent set
forth in this Agreement, and his relation to OWNER, during the period of this
Agreement, is that of an independent entity, and he shall be free to dispose
of such portion of his entire time not required to satisfy the terms of this
Agreement in any manner he deems advisable. OPERATOR shall not be considered
an employee of OWNER.
VIII.
OPERATOR agrees that all customers of OWNER will recelve equal treatment
under the terms of this Agreement.
IX.
OPERATOR shall be required to operate within the current guidelines of its
governing body and shall notify OWNER of any possible conflicts with such
guidelines, as soon as practicable after the occurrence of said possible
conflicts.
x.
OPERATOR hereby assumes entire responsibility and liability for any and all
damage or injury of any kind or nature whatever (including death resulting
therefrom) to all persons, whether employees of OPERATOR or otherwise, and to
all property caused by, resulting from, arising out of, or occurring in
connection with the maintenance and operation of OWNER'S transmission system
provided for in this Agreement and if any person shall make a claim for any
damage or injury (including death resulting therefrom) as hereinabove
described, whether such claim may be based upon the OWNER'S alleged active or
passive negligence or participation in the wrong or upon any alleged breach
of any statutory duty or obligation on the part of the OWNER, the OPERATOR
agrees to indemnify and save harmless the OWNER, its agents, servants, and
employees from and against any and all loss, expense, damage, or injury that
the OWNER may sustain as a result of any such claims and the OPERATOR agrees
to assume, on behalf of the OWNER, the defense of any action at law or in
equity, which may be brought against the OWNER upon such claim and to pay on
behalf of the OWNER, upon its demand, the amount of any judgement that may be
entered against the OWNER in any such action.
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XI.
Before commencing the work, the OPERATOR shall procure and maintain liability
insurance, at its own expense, and procure and maintain workers' compensation
and employee liability insurance in accordance with the laws of the State of
Texas. The OPERATOR agrees that nothing contained in this paragraph shall
limit or release the OPERATOR from its obligations otherwise provided for in
this Agreement, including assumption of liabilities and indemnifications to
the OWNER.
If the OPERATOR fails to procure and maintain at least the above insurance,
the OWNER shall have the right to procure and maintain the said insurance for
and in the name of the OPERATOR, and the OPERATOR shall pay the cost thereof
and shall furnish all necessary information to make effective and maintain
such insurance.
XII.
The OPERATOR for the Contract Price herein provided for, hereby agrees to pay
and shall hold the OWNER harmless against the payment of all contributions,
taxes, or premiums which may be payable under Federal, State, or Local laws
arising out of the performance of the work.
XIII.
If either the OPERATOR or OWNER believes it has a claim of any nature
whatsoever against the other party, it shall give the other written notice of
the amount, whenever possible, and nature of such claim within forty-five
(45) days (or such other time limits as may be expressly set forth in the
Agreement) of the occurrence of the event upon which such claim is based. In
default of such notice the claim is waived.
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XIV.
All matters relating to the validity, performance, interpretation, or
construction of this Agreement or the breach thereof shall be governed by the
laws of the State of Texas.
IN WITNESS WHEREOF, the parties to these presents have hereunto set
their hands and seals the day and year first above written.
CITY OF LA PORTE
~,~
N rman Malone, l ayo
ATTEST:
~
-
~
Sue Lenes, Secretary
LA PORTE AREA WATER AUTHORITY
By: ~~~~~~~
Albert Fields, Secretary
· · If
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Dale Requested: ~ 14 f
Requested By: i Ri:l> _: _ ~ h Department:
\-\
Report Resolution X
Administration
Ordinance
Exhibits:
Ordinance
Proposal from Behavioral Health, Inc.
SUMMARY & RECOMMENDATION
In June, 1990, the City of La Porte and Human Affairs International (HAl) signed an agreement
which provided an Employee Assistance Program (EAP) to our employees and their dependents.
The City recognized that a wide variety of problems can have a negative affect on personal well-
being and on the job performance. This benefit would allow the employees to deal with these
problems at no cost to them.
HAl has restructured their organization and will no longer be able to provide an EAP to the City
due to our employee base. Their new philosophy is to provide this service to companies with
an excess of 500 employees.
Proposals were requested from three providers recommended by HAl to replace them in
providing this valuable benefit. All three, Acurcare Group, Alternative Paths, Inc., and
Behavioral Health, presented a proposal. The cost per employee, per month ranged from $2.85
(Behavioral Health) to $3.00 (Alternative Paths). HAl currently charges $2.97 per employee,
per month. All three are similar in operation with Acurcare and Behavioral Health also
providing managed health care for any referrals to outside assistance.
It is recommended that the City contract with Behavioral Health to provide an EAP for our
employees and their dependents. Total annual cost of this program is $9,576 which includes 1-8
counseling sessions, 24 hour telephone service, quarterly reporting, employee and supervisory
training, and printing of benefit cards and informational hand outs.
Action Required by Councll:
Approve ordinance authorizing City Manager to sign contract with Behavioral Health, Inc., to
provide an Employee Assistance Program to the City.
A vallability of Funds:
-X- General Fund
_ Capital Improvement
Other
Water/Wastewater
_ General Revenue Sharing
Account Number: 001-600-602-507
Funds Available: X Yes
No
Approved for City Councll Aeenda
Q'J,.w+ 1"'< ~
Robert T. Herrera
City Manager
tv- ct. Cf3
Date
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ORDINANCE NO. 93-1916
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND BEHAVIORAL HEALTH, INC., TO PROVIDE AN EMPLOYEE
ASSISTANCE PLAN; APPROPRIATING $9,576.00 TO FUND SAID CONTRACT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 $9,576.00 from
General Fund Account Number 001-600-602-507 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
ratifies, approves and confirms such written notice and the
contents and posting thereof.
ORDINANCE NO. 93-1916~
eAGE 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of June, 1993.
CITY OF LA PORTE
By:
~~7k~
No n L. Malone,
Mayor
ATTEST:
~ ~ --
~-d~
Sue Lenes,
City Secretary
Knox W. Askins,
city Attorney
AP&zJ
~
Behavioral Health, Inc.
MANAGED CARE SERVICES
River Oaks Tower 3730 Kirby Dr., Suite 320
Houston, Texas 77098
(713) 529-6833 FAX (713) 529-5951
e
e
BATON ROUGE
2431 S. Acadian Thruway
Suite 550
Baton Rouge, LA 70808
(504) 926-0195
Offices in
Austin
Baton Rouge
Dallas
Houston
New Orieans
An affiliate of the General Health System
June 1, 1993
Mr. Louis Rigby
Director of Administrative Services
City of La Porte
P.O. Box 1115
La Porte, Texas 77252-1115
Dear Mr. Rigby:
Behavioral Health, Inc. (BHI) is pleased to respond to your request for a proposal to
extend EAP services to the City of La Porte. We enclose our proposal in which we
present our philosophy of triage therapy, a review of how our services are provided,
and a price quote for a 1-8 session EAP for your regular, full-time employees and their
dependents, In addition, we include a copy of our EAP Clinical Manual. A third
enclosure ("Competency and Services Overview" booklet) includes bios of our key
staff, a listing of facilities and individual providers of service, and general information
about our company.
Behavioral Health, Inc. is a not-for-profit mental health services company that has
served the needs of the people of this region for seven years. We are part of the
General Health System, a $190M company which has been in existence since 1904.
We enclose a copy of our most recent financial report prepared by Ernst & Young.
Our statement of philosophy is presented in the initial part of the proposal. We wish to
respond specifically to several of the questions covered in your May 18th Request for
Proposal letter.
. The account managers will be Dr. Larry V. Stockman assisted by Edwin Edghill, with
primary responsibility being Dr. Stockman.
. Local and toll-free telephone service (24 hour service) is provided. The availability
of a local telephone number as well as an 800 number will assist traveling
employees or their dependents who may be attending school outside of the local
area. That number is 1-800-422-6963, and both numbers will be printed on all City
of La Porte business cards and EAP tri-folds.
.
e
.
Mr. Louis Rigby
-2-
June 1, 1993
. Richard L. Barrett is responsible for internal supervision of all of our EAP clinicians.
His biographical sketch is included in the "overview" booklet.
. Quarterly and annual reporting will be provided per your request.
. Supervisory and employee training. We estimate that you might ask for as many as
two supervisory training sessions and seven to ten employee awareness trainings.
We will be pleased to provide these annually and as you might request.
. Employee Assistance Program business cards and tri-folds specific to the City of La
Porte are included in the proposed cost.
. A listing of facilities and individual preferred providers who have been credentialled
by BHI is included within the proposal.
Being aware that the City of La Porte is interested in receiving assistance with all
critical incident and crisis intervention episodes, BHI is prepared to work with the City
management in providing a critical incident manual and in participating in the resolution
of all critical incidents.
We have tried to respond briefly to your request letter and assist you to come to
understand the quality of service which can and will be provided by Behavioral Health
to the City of La Porte should we be selected by you as your EAP provider. Please
contact me personally or any of our staff to provide additional information, should it be
needed.
Sincerely, /'
v("~)~~~-..c
Larry V. Stockman, Ph.D.
Executive Director, Texas Operations
LVS:rh
Enclosures
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/s
~T FOR CITY COUNCIL AGEND~
Agenda Date Requested: June 14. 1993
Requested By' s. Gillett ~~~
Department:
Public Works
XXXX
Report
Resolution
Ordinance
Exhibits: Bid Recommendation
SUMMARY & RECOMMENDATION
Sealed Bid No. 0541 for chlorine and sulfur dioxide were opened and read on
May 24, 1993. Bid requests were sent to four (4) vendors with two (2)
returning bids and two (2) no-bids. Chlorine is used for disinfection at
the Little Cedar Bayou Wastewater Treatment Plant and at each of six (6)
potable water ground storage facilities. Sulfur dioxide is used at the
wastewater plant for dechlorination, as required by the Texas Water
Commission.
Low bid was submitted as follows, uSlng estimated annual quantities:
Item # 1 (Chlorine)
DXI Industries
$30,478.00
$13.500.00
$43,978.00
Item # 2 (Sulfur Dioxide)
Jones Chemical
Total Cost
This represents a 5 % increase over previous pricing. Funds are available
in the Water Production and Wastewater Treatment Operating Budgets.
Action Required by Council: Award bid for chlorine to DXI Industries at an
annual cost of $30,478.00, and award bid for sulfur dioxide to Jones
Chemical at an annual cost of $13,500.00.
Availability of Funds:
General Fund
Capital Improvement
Other
XXXX
Water/Wastewater
General Revenue Sharing
002-804-804-207
Account Number: 002-807-807-207
Funds Available: -XX-YES ____ NO
Approved for City Council Agenda
G?JwJcT. ~
Robert T. Herrera
City Manager
<0. <6 ''i3
DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
MAY 28, 1993
FROM:
STEVE GILLETT, PUBLICofORKS DIRECTOR
SUSAN KELLEY, BUYER~
TO:
SUBJECT:
SEALED BID #0541 - CHLORINE AND SULFUR DIOXIDE
Advertised, sealed bids #0541 - chlorine and sulfur dioxide were
opened and read on May 24, 1993. Bid requests were mailed to four
(4) vendors with two (2) returning bids and two (2) no bids.
Low bid was submitted as follows:
Item #1 - DXI Industries $30,478.00
Item #2 - Jones Chemical $13,500.00
Using estimated yearly quantities, the total cost is $43,978.00.
This is a 5 percent increase over the bid three (3) years ago.
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 Tabulation
Bid List
tit
e
BID TABULATION - CHLORINE & SULFUR DIOXIDE
VAN WATERS AQUASOL
DESCRIPTION DXI INDUSTRIES JONES CHEMICAL & ROGERS CONTROLLERS
ITEM #1 - CHLORINE
1A. 1 TON CYLINDERS (70) $430.00 $450.00 NO BID NO BID
lB. 150 LB. CYLINDERS (6) $63.00 $65.00
TOTAL ITEM #1. $30,478.00 $31,890.00
ITEM #2 - SULFUR DIOXIDE
1 TON CYLINDERS (30) $550.00 $450.00 NO BID NO BID
TOTAL ITEM #2. $16,500.00 $13,500.00
GRAND TOTAL $46,978.00 $45,390.00
~T FOR CITY COUNCIL AGEND~
Agenda Date Requested: June 14. 1993
Requested By: S. Gillett ~~~ Department:
XXXX Report Resolution
Public Works
Ordinance
Exhibits: Bid Recommendation
SUMMARY & RECOMMENDATION
Sealed Bid No. 0544 cement stabilized sand and utility bedding material
were opened and read on May 24, 1993. Bid requests were sent to nine (9)
vendors with four (4) returning bids and one (1) no-bid. The proposal
requested bids for delivered (a) and picked-up prices (b) for stabilized
sand (Item 1), and 7% utility bedding (Item 2).
It is recommended that low bidder in each category be awarded the bid, with
second low bidder awarded a contingency contract, in the event that the
prime contractor cannot or fails to perform, as follows.
PRIME CONTRACT
Item 1a - Picked up - Parker LaFarge 500 tons @ S 9.50 $ 4,750
Item 1b - Delivered - Dorsett Brothers 500 tons @ $12.60 6,300
Item 2a - Picked up - Parker LaFarge 500 tons @ S 8.25 4,125
Item 2b - Delivered - Gulf States 500 tons @ $11.40 5,700
CONTINGENCY CONTRACT
Item 1a - Picked up - Highlands Stab. S 9.90
Item 1b - Delivered - Highlands Stab. $13.35
Item 2a - Picked up - Gulf States $ 8.80
Item 2b - Delivered - Parker LaFarge $12.80
TOTAL ESTIMATED ANNUAL COST $20,875
Action Required by Council: Award bids for stabilized sand and utility
bedding, with contingency contracts, as outlined above.
Availability of Funds:
xxx X
General Fund
Capital Improvement
Other
XXX X
Water/Wastewater
General Revenue Sharing
Account Number: Various
Funds Available: -XX-YES ____ NO
Approved for City Council Agenda
Q~ r: ~
Robert T. Herrera
City Manager
(p' ~ . '13
DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
MAY 28, 1993
SUBJECT:
STEVE GILLETT, PUBLIC WORKS DIRECTOR
SUSAN KELLEY, BUYER;~
SEALED BID #0544 - CEMENT STABILIZED SAND
TO:
FROM:
Advertised, sealed bids #0544 - cement stablilized sand were opened
and read on May 24, 1993. Bid requests were mailed to nine (9)
vendors with four (4) returning bids and one (1) no bid.
Low bid was submitted as follows:
Item #1 - Dorsett Brothers
Item #2 - Gulf States Mat'l
$11,300.00
$10,100.00
Using estimated yearly quantities, the total cost would be
$21,400.00. This is a 1.5 % increase on Item #1, and a 3.5 %
decrease on Item #2 from last year's prices.
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 Tabulation
Bid List
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BID TABULATION - CEMENT STABILIZED SAND
DESCRIPTION DORSETT BROS PARKER LAFARGE GULF STATES HIGHLANDS STAB BAYTOWN SAND
1. CEMENT STABILIZED SAND
1A. PICKED UP (500 TONS) $10.00 $9.50 $13.75 $9.90 NO BID
lB. DELIVERED (500 TONS) $12.50 $14.05 $15.35 $13.35 NO BID
TOTAL ITEM #1. $11,300.00 $11,775.00 $15,050.00 $11,625.00 NO BID
2. 7% STAB UTILITY BEDDING
2A. PICKED UP (500 TONS) $15.15 $8.25 $8.80 NO BID NO BID
2B. DELIVERED (500 TONS) $18.75 $12.80 $11.40 NO BID NO BID
TOTAL ITEM #2. $17,450.00 $10,525.00 $10,100.00 NO BID NO BID
GRAND TOTAL $28,750.00 $22,300.00 $25,150.00 $11,525.00 NO BID
LOCATION PEARLAND NAVIGATION BLVD SENS RD. LP FM2100 HIGHL&~S
RESPONSE TIME 24 HOURS 1 DAY 1 DAY NOTICE 2 HOURS
~T FOR CITY COUNCIL AGENDA~TEM
Agenda Date Requested:
June 14. 1993
Requested By: s. Gillett~ Department:
XXXX Report Resolution
Public Works
Ordinance
Exhibits: Bid Recommendation and Tabulation
SUMMARY & RECOMMENDATION
Sealed Bid No. 0545 for the furnishing of concrete was opened on May 24,
1993. Bid requests were sent to seven (7) vendors with four (4) returning
bids. Bids were solicited for: Item 1 - 5 sack concrete, and Item 2 - 6
sack concrete. The low bidder for both items was Pioneer Concrete, with
Item 1 @ $48 per cubic yard, and Item 2 @ $51 per cubic yard, for an
estimated annual expenditure of $24,750. Second low bidder for both items
was Dorsett Brothers, with Item 1 @ $50 per cubic yard, and Item 2 @ $53
per cubic yard. Low bid represents a decrease of 1.7% from last years
prlces.
It is recommended that the contract be awarded to Pioneer Concrete, with a
contingency contract Awarded to Dorsett Brothers.
Action Required by Council: Award a contract for the annual furnishing of
concrete for Item 1 and 2 to Pioneer Concrete, at an estimated annual
expenditure of $24,750. Award a contingency contract to Dorsett Brothers
for annual furnishing of concrete for Item 1 and 2, in the event that
Pioneer Concrete cannot or fails to perform.
Availability of Funds:
XXXX
General Fund
Capital Improvement
Other
XXXX
Water/Wastewater
General Revenue Sharing
Account Number:
Various
Funds Available: -XX-YES
NO
Approved for City Council Agenda
~r.~
Robert T. Herrera
City Manager
~~8" q1
DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
MAY 28, 1993
FROM:
STEVE GILLETT, PUBLIC. : w7 RKS
SUSAN KELLEY, BUYER~
SEALED BID #0545 - CONCRETE
DIRECTOR
TO:
SUBJECT:
Advertised, sealed bids #0545 - concrete were opened and read on
May 24, 1993. Bid requests were mailed to seven (7) vendors with
four (4) returning bids.
Low bid was submitted by Pioneer Concrete. Using estimated yearly
quantities, the total cost is $24,750.00.
This is a 1.7% decrease from last year's bid.
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 Tabulation
Bid List
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BID TABULATION - CONCRETE
DESCRIPTION PIONEER CONCRETE DORSETT BROS EXCELL MAT'L HOUSTON SHELL
1. CONCRETE - 5 SACK (250 CU. YD.) $48.00 $50.00 $51.00 $52.00
TOTAL ITEM #1. $12,000.00 $12,500.00 $12,750.00 $13,000.00
2. CONCRETE - 5 SACK (250 CU.YD.) $51.00 $53.00 $53.00 $55.00
TOTAL ITEM #2. $12,750.00 $13,250.00 $13,250.00 $13,750.00
GRAND TOTAL $24,750.00 $25,750.00 $26,000.00 $26,750.00
LOCATION OF PLANT BAYPORT, ELLINGTON LA PORTE MORGANS POINT HWY 225 & RED BLUFF
RESPONSE TIME 20 MIN W/24 HR NOTICE 24 HOURS 15 MIN W/24 HR NOTICE 30 MINUTES
A..\lENDMENTS BY VENDOR N/A $50.00 - $75.00 $50.00 ADDT'L CHG 5 YARD MINIMUM
ADDT'L CHG LESS THAN LESS THAN 5-1/2 YD
5 YARD DELIVERY & AFTER 50 MIN AT
JOBSITE - $1.00/MIN
~T FOR CITY COUNCIL AGEND~
Agenda Date Requested: June 14. 1993
Requested By: S. Qill"tl;~ Department:
XXXX Report Resolution
Public Works
Ordinance
Exhibits: Written Quote from Chemicals & Equipment Co., Inc.
SUMMARY & RECOMMENDATION
The City of La Porte has historically used malathion for mosquito control.
This product, while effective, is toxic to fish, wildlife and bees, and is
corrosive. On August 27, 1990, the city Council approved the use of
Scourge in place of malathion. Scourge is a sole source item, manufactured
by Roussel Uclaf Corporation, available only from B & G Chemicals &
Equipment Co., Inc., the sole distributor in the state of Texas.
Over the past three years, Scourge has proven to be a more effective
chemical for mosquito control. It is odorless, non-corrosive and non-toxic
to fish, wildlife and bees. It has a quicker effect on its target, and is
photo-degradable in four hours. Finally, based on dilution ratios, it is
more cost-effective than malathion.
Using estimated quantities, total annual cost to the City is $14,322, using
50 gallons of Scourge and 715 gallons of solvent. This represents a 5%
increase over last years prlces. A total of $18,000 is budgeted for the
purchase of chemicals.
Action Required by Council: Declare B & G Chemicals & Equipment Co., Inc.
the sole source for Scourge and Orchex Oil, and authorize the purchase of
these items for the unit prices quoted, at an annual cost not to exceed
$14,322.
Availability of Funds:
xxx X
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-700-701-207
Funds Available: -XX-YES ____ NO
Approved for City Council Agenda
G<~ T, ~
Robert T. Herrera
City Manager
Co~g'9~
DATE
.
.
,
CHEMICALS & EQUIPMENT CO., INC.
1225 North Post Oak Road
Houston, Texas 77055
(713) 682-4411 or (800) 345-9387
Fax (713) 682-4374
3 June 1993
Mr, Steve Gillett
Cay of La Porte
p, 0, Box 1115
La Porte, Tx, 77571
Dear Mr, Gi llett,
Thank you for inquiring about Scourge mosquito adulticide with B & G
Chemicals & Equipment Co" Inc, We have been assigned as sole
distributors for this product for the state of Texas by its manufacturer,
Roussel Uclaf Corp, at 95 Chestnut Ridge Rd" Montvale, N.J, 07642,
Further information from the company can be obtained by calling the
customer service number at (201) 307-3386, They will be able to also
answer any technical questions about Scourge that you may have,
Below are prices from the 1992 and 1993 City of Bay town bids, Prices
on these bids were also inclusive for La Porte and also Seabrook. There
has been a 5% price increase in Scourge from 1992 to 1993, a reflection
of the manufacturer's 5% price increase to us effective 1 January 1993,
BV A oil prices are included because BV A is used to dilute the Scourge,
which is formulated as a concentrate, If you have further questions,
technical or otherwise, please do not hesitate to call me at (713) 682-
4411, Thank you for your business,
1992 Prices
1993 Pri ces
1145.00
Scourge 18 + 54 5 gallon can
1202,45
169.95
BV A oil 55 gallon drum
176,75
50 gallons of Scourge (5 gal. x 10 cans) $12,024.50
715 gallons of BVA oil (55 gal. drum x 13 drums) $2297.75
Sincerely,
f)-~ !~
David Hoel
~T FOR CITY COUNCIL AGEND~
Requested By:
Bobb L. Powell
Department:
Police
Agenda Date Requested: June 14
x
Report
Resolution
Ordinance
Exhibits:
SUMMARY , RECOMMENDATION
During the 1992-93 budget process a CID vehicle was added in the
budget. This vehicle was to be purchased for Special operations.
At that time the sOP position was not filled due to lack of
manpower. The vehicle has not been purchased because we have not
needed it. As our manpower was progressing to the level of moving
an officer to SOP, we again checked with local vendors and they did
not have a vehicle to meet our specifications.
In November 1992, advertised sealed bids #0511-rental vehicle was
mailed to seven vendors, with no bids returned. We checked with
the local vendors and they did not have any rental vehicles that
met our specifications available. We located and purchased the
two replacement vehicles from Enterprise Leasing Car Sales in
January 1993. We have located a 1992 Pontiac Grand Prix that meets
our specifications at Enterprise Leasing Car Sales. The
$12,498.00 cost is within our budgeted amount.
This vehicle is:
Year Make
1992 Pontiac
Model
Grand Prix
style
4dr.
Color
Maroon
Milage
23,266
Total Cost
$12,498.00
We are requesting to purchase the above listed vehicle at this
time.
ALTERNATIVE:
Try to locate another vehicle to meet the specifications.
Availability of Funds:
X General Fund Water/Wastewater
Capital Improvement General Revenue sharing
Other (Motor Vehicle Fund)
Insurance
Account Number:
Funds Available: X- YES
NO
ADDroved for city council Aqenda
Q~T,~
Robert T. Herrera
City Manager
lo-q-q~
DATE