HomeMy WebLinkAbout1993-11-29 Public Hearing and Special Called Regular Meeting~ ~
AGENDA
PUBLIC HEARING AND SPECIAL CALLED REGULAR MEETING OF LA PORTS CITY
COUNCIL TO BE HELD NOVEMBER 29, 1993, IN THE COUNCIL CHAMBERS OF
THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTS, TEXAS,
BEGINNING 6:00 P.M.
Next Ord. 93-1951
Next Res. 93-17
1. CALL TO ORDER
2. INVOCATION COUNCILPERSON PORTER
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING NOVEMBER 8,.1993
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL
5. CONSIDER ADOPTING AN ORDINANCE APPROVING SERVICE PLANS FOR THE
ANNEXATION OF A TRACT OF LAND COMPRISING THE LA PORTS
BATTLEGROUND INDUSTRIAL DISTRICT -AND A TRACT OF LAND
COMPRISING THE LA PORTS BAYPORT INDUSTRIAL DISTRICT (Ord. 93-
1951) - C. Harrington
6. PUBLIC HEARING AND PRESENTATION OF SERVICE PLANS FOR THE
ANNEXATION OF A TRACT OF LAND COMPRISING THE LA PORTS
BATTLEGROUND INDUSTRIAL DISTRICT, AND A TRACT OF LAND
COMPRISING THE LA PORTS BAYPORT INDUSTRIAL DISTRICT, AT WHICH
THE PROPOSED SERVICE PLANS SHALL BE MADE AVAILABLE F OR PUBLIC
INSPECTION AND EXPLAINED TO INHABITANTS OF THE AREA TO BE
ANNEXED.
OPEN PUBLIC HEARING
REVIEW BY CITY ATTORNEY AND CITY STAFF
PUBLIC REVIEW OF SERVICE PLAN
RECOMMENDATION OF STAFF
CLOSE PUBLIC HEARING
7. CONSIDER AWARDING ANNUAL CONTRACT FOR THE PURCHASE OF TIRES -
S. Gillett
8. CONSIDER AWARDING CONTRACT FOR PURCHASE OF PLASTIC GARBAGE
BAGS - S. Gillett
~ ~
9. ADMINISTRATIVE REPORTS
A. PROVIDE COUNCIL WITH INFORMATION REGARDING INDUSTRIAL
DISTRICT CONTRACT RENEWALS
B. DISCUSS HOLIDAY SCHEDULE
10. COUNCIL ACTION
11. 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(E) - (LEGAL)
MEET WITH CITY ATTORNEY AND CITY MANAGER REGARDING
PENDING LAWSUIT(S) .
B. SECTION 2(F) - (LAND ACQUISITION)
MEET WITH CITY ATTORNEY AND CITY MANAGER REGARDING LAND
ACQUISITION(S)
12. 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 executive
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 purpose of discussing the purchase,
exchange, lease or value of real property and
negotiated contracts for prospective gifts or
donations.
Section 2(g) - For the purpose of considering the appointment,
employment evaluation, reassignment, duties,
discipline or dismissal of a public officer or
employee or to hear complaints or charges against a
public officer or employee.
Section 2(j) - To consider the deployment, or specific occasions
for implementation, of security personnel or
devices.
Section 2(r) - For the purpose of conferring with an employee or
employees of the City, for the sole purpose of
receiving information from the employee or
employees or to ask questions of the employee or
employees; provided, however, that no discussion of
public business or City policy that affects public
business shall take place between the members of
the City Council during the conference.
i
~ •
MINUTES OF THE PUBLIC HEARING AND SPECIAL CALLED REGULAR MEETING
LA PORTE CITY COUNCIL
NOVEMBER 29, 1993
6:00 P.M. Mayor Malone asked EMS Chief Chris Osten to come before
Council and announced congratulations were in order. Each year the
Texas Department of Health recognizes outstanding achievement in
the EMS field during their annual conference. Mayor Malone stated
La Porte EMS was chosen this year as the "Public Provider of the
Year", and this honor was bestowed to the La Porte EMS during the
annual awards luncheon at the 1993 Texas EMS Conference in Forth
Worth on November 23, 1993. Mr. Herrera congratulated EMS Chief
Chris Osten and his staff on behalf of Administration of the City
and stated "this is a compliment to our City government, to
leadership, and to the quality of skills provided by our futuristic
EMS division. This is the highest honor that an EMS group can
obtain, and it is an honor that is rightfully earned."
Chief Osten introduced his staff present - Paramedic Supervisor Ray
Nolan; Paramedics Lisa Camp, Ron Matejowski and Ty James.
1. The meeting was called to order by Mayor Norman Malone at 6:05
Members of Cif Council Present: Mayor Norman Malone,
Councilperson Mike Cooper, Bob Thrower, Bob McLaughlin, Alton
Porter, Deotis Gay, Jack Maxwell and Jerry Clarke
Members of Cites Council Absent: C o u n c i l p e r s o n G u y
Sutherland
Members of City Staff Present: City Manager Bob Herrera,
City Attorney Knox Askins, City Secretary Sue Lenes, Assistant
City Manager John Joerns, Director of Public Works Steve
Gillett, Director of Finance Jeff Litchfield, Buyer Susan
Kelley, Planning Director Chuck Harrington, EMS Chief Chris
Osten, Paramedic Supervisor Ray Nolan, Paramedics Lisa Camp,
Ron Matejowski and Ty James
Others Present: Attorney Barry Abrams, three
representatives from Quantum Chemical Corporation and several
citizens
2. The invocation was given by Councilperson Porter.
3. Council considered approving minutes of the Regular Meeting
November 8, 1993.
•
Minutes Public Hearing and
Special Called Regular Meeting
La Porte City Council
November 29, 1993, Page 2
Motion was made by Council.,person Cooper to approve the
November 8 minutes as presented. Second by Councilperson
Thrower. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Cooper, Thrower, McLaughlin, Porter,
Gay, Maxwell, Clarke and Mayor Malone
Nays: None
4. Ms. Pegqy Warnock, Liberian at La Porte Public Library thanked
City Council for authorizing the new telephones and furniture
for the children's room. Ms. Warnock extended a special
invitation to Council to attend the Friends of the La Porte
Library Christmas Reception honoring the City of La Porte on
Monday, December 6, 1993, 6:30 P.M. - 8:00 P.M. at the Edith
Wilson Library, 526 San Jacinto Street, La Porte, Texas. Ms.
Warnock stated that she and her staff feel they work very
close with the city :employees and would like to show their
appreciation. She also would like for Council to see some of
the new things the library has to offer the community.
Mr. Johnny Smith, 415 East B Street, La Porte, spoke to
Council regarding the Sylvan Beach pier. Mr. Smith was asking
for Council's assistance in getting the pier replaced.
5. Council considered adopting an ordinance approving service
plans for the annexation of a tract of land comprising the La
Porte Battleground Industrial District, and a tract of land
comprising the La Porte Bayport Industrial District.
Planning Director Chuck Harrington reviewed service plans with
Council.
City Attorney read: ORDINANCE 93-1951 - AN ORDINANCE
APPROVING SERVICE PLANS FOR THE ANNEXATION OF A TRACT OF LAND
COMPRISING THE LA PORTE BATTLEGROUND INDUSTRIAL DISTRICT, AND
A TRACT OF LAND COMPRISING THE LA PORTE BAYPORTE INDUSTRIAL
DISTRICT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Clarke to approve Ordinance
93-1951 as read by the City Attorney. Second by Councilperson
McLaughlin. The motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Cooper, Thrower, McLaughlin, Porter,
Gay, Maxwell, Clarke and Mayor Malone
Nays: None
•
Minutes Public Hearing and
Special Called Regular Meeting
La Porte City Council
November 29, 1993, Page 3
6. Mayor Malone opened the public hearing at 6:22. The purpose
of this hearing was for a hearing and presentation of service
plans for the annexation of a tract of land comprising the La
Porte Battleground Industrial District, and a tract of land
comprising the La Porte Bayport Industrial District. Copies
of the service plans were made available for public inspection
and explanations to inhabitants of the area to be annexed.
Mayor Malone asked for staff recommendation. Planning
Director Chuck Harrington stated staff recommends annexation
of the tract of land comprising the Battleground Industrial
District and the tract of land comprising the La Porte Bayport
Industrial District. There were no proponents speaking for
the annexation. Mr. William (Bill) Nelson, Senior Attorney
for Quantum, Mr. Don Hamilton, Manager of Administration and
Mr. Rich Dolfi, Tax Manager, representing Quantum Chemical
Corporation, spoke in opposition to the annexation.
Councilpersons Porter, Gay, Thrower and Mayor Malone addressed
questions to Mr. Nelson. Mr. Nelson stated "Quantum is
requesting they be granted all or part of the tax abatement
that would be available for the full seven years, the
difference between 30$ and 50~ for an additional five years
since we only got two years benefit because it happened to
come in the fifth year of our existing agreement, we would
like a continuation of that abatement only on the Ethylene
Plant." City Attorney asked Mayor Malone to see if anyone
else in the audience is here for this public hearing. Mayor
Malone posed the question to the audience and no other persons
indicated an interest. Mayor Malone closed the public hearing
at 7:12 P.M.
7. Council considered awarding annual contract for the purchase
of tires.
Director of Public Works Steve Gillett reviewed bid
tabulations and stated staff recommends awarding contract to
La Porte Tire Center.
Motion was made by Councilperson Thrower to award annual
contract for the purchase of tires to La Porte Tire Center.
Second by Councilperson Cooper. The motion carried, 8 ayes
and 0 nays.
Ayes: Councilpersons Cooper, Thrower, McLaughlin, Porter,
Gay, Maxwell, Clarke and Mayor Malone
Nays: None
Minutes Public Hearing
Special Called Regular
La Porte City Council
November 29, 1993, Page
and
Meeting
4
•
8. Council considered awarding contract for purchase of plastic
garbage bags.
Director of Public Works Steve Gillett reviewed bid
tabulations and stated staff recommends awarding contract to
Arrow Industries.
Motion was made by Councilperson Thrower to award contract for
purchase of plastic garbacte bags to Arrow Industries. Second
by Councilperson Maxwell. The motion carried, 8 ayes and 0
nays.
Ayes: Councilpersons Cooper, Thrower, McLaughlin, Porter,
Gay, Maxwell, Clarke and Mayor Malone
Nays: None
9. City Manager Bob Herrera reported to Council there has been
forty seven mail-outs to industry neighbors. Of the forty
seven, forty four have returned affirmative responses that
they wish to enter into another set of contracts. At this
time, three companies have not. One company you heard from
tonight, the other is Southern Ionics, and the third is
Storage Warehouse Services. The other item Mr. Herrera
brought to Councils attention was a reminder due to the
Christmas holidays we will have only one regular meeting in
December, and this meeting is scheduled for December 13. Mr.
Herrera requested an executive session regarding some legal
matters.
10. Councilpersons Thrower, McLaughlin, Porter, Gay, Maxwell and
Clarke brought items to council's attention. Mayor Malone
stated he had one concern regarding the young man who is "on
our back for some reason". The Mayor stated he thought of two
or three ways to confront him but decided he was not worth the
time or effort. The Mayor listed fifteen things that we do in
this city to benefit him and the other tax payers in his
district: One of the best police service and protection; also
on of the best in fire protection; "the best in Texas EMS
assistance" as you heard tonight; Senior Citizens Center and
senior programs; Community Development and Planning and
Zoning; Parks and Recreation areas and pools all over the city
as well as his neighborhood; General Administration services
is one that we can not compare; water and sewer utility
division keeping rates as low as we can; garbage collection
and free trash service; municipal airport; a golf course equal
•
Minutes Public Hearing and
Special Called Regular Meeting
La Porte City Council
November 29, 1993, Page 5
to any in the state; Sylvan Beach Pavilion that was saved by
this Council for the citizens to use for special functions;
a lot of public improvements all over the city; a handicap
program for anyone who is disadvantaged, which meets all the
State guidelines. We also have our industrial districts that
other cities do not have. Mayor Malone stated he would like
to challenge him (the young man), to prove that he does not
get anything from the city.
11. Council adjourned into executive session at 7:27 P.M.
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(E) - (LEGAL)
MEET WITH CITY ATTORNEY AND CITY MANAGER REGARDING
PENDING LAWSUIT(S)
B. SECTION 2(F) - (LAND ACQUISITION)
MEET WITH CITY ATTORNEY AND CITY MANAGER REGARDING LAND
ACQUISITION(S)
Council returned to the table at 9:35, no action was taken.
12. There being no further business to come before Council, the
meeting was adjourned at 9:38 P.M.
Respectfully submitted,
~\
Sue Leases, City Secretary
Passed & Approved this the 13th
day of December, 199
. !~
-.~ ~,.. .-...~..,..., .....jr.a
E. G. Clarke, Mayor Pra_~em
• •
c~
•
ORDINANCE NO. 93- 1951
AN ORDINANCE APPROVING SERVICE PLANS FOR THE ANNEBATION OF A TRACT
OF LAND COMPRISING THE LA PORTE HATTLEGROIIND INDIISTRIAL DISTRICT,
AND A TRACT OF LAND COMPRISING THE LA PORTE HAYPORT INDIISTRIAL
DISTRICT; 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 approves a Service Plan for a
tract of land comprising the La Porte Battleground Industrial
District, in form attached hereto as Exhibit "A", and a Service
Plan for a tract of land comprising the La Porte Bayport Industrial
District, in form attached hereto as Exhibit "B". The proposed
Service Plans shall be made available for public inspection and
explained to the inhabitants of the areas at the public hearings
held under Section 43.056, Texas Local Government Code.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
•
,~
NO. 93- 1951
•
PAGE 2
PASSED AND APPROVED, this 29th day of November, 1993.
CITY OF LA PORTE
By : ~` l~ i~ ~-
Norman L. Malone,
Mayor
ATTEST:
Sue Len ,
City Secretary
APPR D:
GG~!?/,L
Knox W. Askins,
City Attorney
•
EXHIBIT "A"
CJ
SERVICE PLAN
FOR
A TRACT OF LAND COMPRISING
THE LA PORTE BATTLEGROUND INDUSTRIAL DISTRICT
I. INTRODUCTION
This service plan ("Plan") is made by the City of La Porte, Texas ("City") pursuant
to Section 43.056, of the Texas Local Government Code("Code"). This Plan relates
to the annexation by the City of a tract of land ("Tract") comprising the La Porte
Battleground Industrial District. The Tract is described by metes and bounds in
Exhibit "B" which is attached to this Plan and to the annexation ordinance of which
this Plan is a part.
II. T'ERM• EFFECTIVE DATE
This plan shall be in effect for a term of ten years commencing on the effective date
of the annexation of the Tract. Renewal of this Plan shall be at the discretion of the
City. Such option may be exercised by the adoption of an ordinance by the City
Council which refers to this Plan and specifically renews this Plan for a specified
period of time.
III. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (i) the Early Action
Program and (ii} a Capital Improvement Program ,both described below.
B. Scope and OualitY of Services. Services under this Plan shall. equal or exceed
the number and level of services both in existence in the Tract prior to the
annexation and are available in other areas of the City with land uses and population
densities similar to those reasonably projected in the newly annexed Tract. It is not
the intent of this Plan to provide a uniform level of services to all areas of the City
(including the Tract) where differing characteristics of topography, land utilization
and population density are considered as sufficient basis for providing differing levels
of service.
i
C. Definitions.
1. As used in this Plan, providing services includes services funded in whole
or in part by City taxation and provided by the City within its full-purpose
boundaries. The City provision of services may be by any means or methods
by which it extends the services to any other azea of the City. This may
include causing or allowing private utilities, governmental entities and other
public service organizations to provide such services, in whole or in part.
LJ
2. As used in this Plan, the phrase "standard policies and procedures" means
those policies and procedures of the City applicable to a particular service
which are in effect at the time that the service is requested or at the time the
service is made available or provided and are in accordance with Title 12,
Chapter 395 of the Code.
D. Earl Action Program.
1. Statutory Services. The statutory services will be provided to the Tract
within sixty (60) days after the effective date of this Plan, unless otherwise
indicated. The statutory services are as follows:
a. Police Protection. The Police Department of the City will provide
protection and law enforcement in the Tract. These activities will
include normal patrols and responses, the handling of complaints and
incident reports, and other usual and customary police services.
b. Fire Protection. The Fire Department of the City will continue to
provide fire protection that supplements the protection provided by the
Channel Industries Mutual Aid program in the Tract.
c. Solid Waste Collection. Residential collection services will be
provided by City forces. Non-residential non-hazardous collection
services will be provided by the City contract service provider. Future
residential and non-residential non-hazardous collection services will
be provided in accordance with standard policies and procedures. Non-
residential hazardous waste disposal will be the responsibility of the
property owner in accordance with all State and Federal guidelines.
d. Maintenance of Water and Wastewater Facilities. There are no
existing City water and waste water facilities to be maintained. Any
extensions of such facilities as addressed in the Capital Improvements
Program, below, will be provided normal maintenance services.
F
e. Maintenance of Public Roads and Streets including Liahtina. The
Department of Public Works of the City will provide maintenance of
roads and streets over which the City will have jurisdiction. Those
roads and streets under jurisdiction of other governmental entities will
be maintained by those entities. The City will provide services relating
to traffic control for roads and streets over which it has jurisdiction.
Roads and streets under the jurisdiction of other governmental entities
will be provided traffic control services by those entities. Existing
street lighting for public roads and streets will be maintained through
the services of Houston Lighting and Power Company.
f. Maintenance of Parks Playgrounds and S~;rimming Pools. There are
no existing Public Park facilities to be maintained. Should any such
facilities be constructed in the Tract in accordance with the Capital
'~ ~ • •
t
Improvements Program below, the Department of Parks and
Recreation of the City will provide maintenance services.
g. Maintenance of Any Other Publicly-owned Facility. Building or
Service. There are no other publicly-owned facilities, buildings or
services in the Tract. Should any such facilities, buildings or services
be constructed or located by the City in the Tract, an appropriate City
department will provide the necessary maintenance services.
2. Additional Services. Certain services, in addition to the statutory services,
will be provided within the Tract to the same extent they are provided to
similar areas elsewhere in the City. These are as follows:
a. Library services from existing facilities and future facilities outside
the Tract.
b. Health services in accordance with agreement between the City and
Hams County.
c. Emergency rescue and ambulance services by the City's Emergency
Medical Services division, in accordance with standard policies and
procedures.
d. Enforcement of all City codes and ordinances.
E. Capital In~rovements Program. The City will initiate the construction or
acquisition of capital improvements necessary for providing municipal services for
the Tract. Those improvements which are necessary are indicated below, and any
necessary construction shall begin within two (2) years after the effective. date of
the annexation of the Tract and shall be substantially completed within 4 1/2 years
after that date, except as otherwise indicated.
1. Police Protection. Police protection for the Tract can be provided using
existing facilities. While no improvements are necessary at this time, the
Tract will be included with other territory in connection with planning for
new, revised or expanded police protection.
2. Fire Protection. Fire protection for the Tract can be provided by using
existing facilities and equipment. While no improvements are necessary at
this time, the tract will be included with other in connection with planning for
new, revised or expanded fire protection.
3. Solid Waste Collection. No capital improvements are necessary at this
time to provide solid waste collection to the Tract as described in the Early
Action Program. The tract will, however, be included with other territory in
planning for new, revised or expanded solid waste collection service facilities.
4. Water and Wastewater Facilities. Currently there are no water or
wastewater facilities of which the City will assume control following
•
•
annexation. The tract is within the service area of Coastal Water Authority,
a water utility, and within the service area of Gulf Coast Waste Disposal
Authority, a wastewater utility, and is now being served by such utilities. The
City proposes the following means to provide the necessary improvements for
water and wastewater services.
a. Domestic water and wastewater service. Currently domestic water
and wastewater are self-provided by the individual property owners
either through wells, surface water or by purchasing water from
adjoining property owners. The City will extend water and sanitary
sewer lines for domestic services in accordance with its standard utility
extension policies and procedures. These policies and procedures are
established by Ordinance No. 759, and include the imposition of utility
extension fees in accordance with Section 395.019 of the Code. Should
a property owner elect to construct the improvements sooner than the
schedule established in this Plan, the owner may construct or finance
the improvements and the costs incurred or funds advanced will be
credited against the utility extension fees due from that property owner.
As utility extension fees are collected from other property owners
along the utility line installed, these fees will be refunded to the
property owner who constructed or funded the construction of those
capital improvements.
b. Industrial Process Water. Currently industrial process water is
provided by on-site wells, water purchased from other property owners
or from water purchased from the Coastal Water Authority (CWA).
The City does not propose to change those arrangements. However,
should requests be received for process water, the City will contract
with CWA to purchase industrial process water, and subsequently
distribute that process water to those industries requesting service. The
mains and facilities necessary for providing this service will be
constructed in accordance with the standard utility extension policies
and procedures described in the previous paragraph.
i
c. Industrial Process Wastewater. Currently industrial process
wastewater service to the Tract is provided by individual treatment
facilities, treatment by adjoining property owners or by Gulf Coast
Waste Disposal Authority. The City does not propose to change those
arrangements, however, should requests be made for industrial process
wastewater services, the City will contract with Gulf Coast Waste
Disposal Authority to provide such services. The sewer mains and
facilities necessary for providing this service will be constructed in
accordance with the City's standard utility extension policies and
procedures described in Paragraph E4a, above.
5. Roads and Streets including Liglitin~. In general, the City will acquire
dominion, control, and jurisdiction in, over and under public roads and streets
within the Tract upon annexation, pursuant to Art. 1175, V.A.T.S., and similar
provisions, subject to the jurisdiction of other governmental entities.
~-
~~ '~ ~•.
Additional roads, streets or related facilities are not necessary at this time to
serve the Tract. Future extensions of roads or streets and future installation
of related facilities such as traffic control devices or street lights will be
governed by standazd policies and procedures. The Tract will be included
with other territory in connection with planning for new, revised, widened or
enlarged roads, streets or related facilities.
6. Parks Playgrounds and S~~vimming Pools. These services can be provided
by using existing facilities. While no additional capital improvements are
necessary at this time, the Tract will be included with other territory in
connection with planning for new, revised or expanded parks, playgrounds or
swimming pools.
7. Other Publicl~Owned Facilities Buildings or Services• Additional Services.
In general, other City functions and services, and the addtional services
described above, can be provided to the Tract using existing facilities. While
no additional capital improvements are necessary at this time, the Tract will
be included with other territory in connection with planning for new, revised
or expanded services, facilities and functions, including the additional services
described above.
IV. AMENDMENT: GOVERNING LAW
This Plan may not be amended or repealed except as provided by the Code or other
controlling law. Neither changes in the methods or means of implementing any part
of the service programs nor changes in the responsibilities of the various departments
of the City shall constitute amendments to this Plan, and the City reserves the right
to make such changes. This Plan is subject to, and shall be interpreted in
accordance with the Code, the Constitution: and laws of the United States of America
and the State of Texas, and the orders, rules and regulations of governmental bodies
and officers having jurisdiction.
V. FORCE MAJEURE
Should a force majeure interrupt the services described herein, the City shall resume
services under this Plan within a reasonable time after the cessation of the force
majeure. "Force majeure", for the purposes of this Plan, shall include, but not be
limited to, acts of God, acts of the public enemy, war, blockade, insurrection, riots,
epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts,
tornadoes, hurricanes, arrests and restraints of government, explosions, collisions and
any other inability of the City, whether similar to those enumerated or otherwise,
which is not in control of the City.
VI. EN'T'IRE PLAN
This document contains the entire and integrated service plan relating to the Tract
and supersedes all other negotiations, representations plans and agreements, whether
written or oral.
EXHIBIT "B"
SERVICE PLAN
FOR
A TRACT OF LAND COMPRISING
THE LA PORTE BAYPORT INDUSTRIAL DISTRICT
I. INTRODUCTION
This service plan ("Plan") is made by the City of La Porte, Texas ("City") pursuant
to Section 43.056, of the Texas Local Government Code("Code"). This Plan relates
to the annexation by the City of a tract of land ("Tract") comprising the La Porte
Battleground Industrial District.. The Tract is described by metes and bounds in
Exhibit 'B" which is attached to this Plan and to the annexation ordinance of which
this Plan is a part.
II. TERM: EFFECTIVE DATE
This plan shall be in effect for a term of ten years commencing on the effective date
of the annexation of the Tract. Renewal of this Plan shall be at the discretion of the
City. Such option may be exercised by the adoption of an ordinance by the City
Council which refers to this Plan and specifically renews this Plan for a specified
period of time.
III. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (i) the Early Action
Program. and (ii) a Capital Improvement Program ,both described below.
B. Scope and uality of Services. Services under this Plan shall equal or exceed
the number and level of services both in existence in the Tract prior to the
annexation and are available in other areas of the City with land uses and population
densities similar to those reasonably projected in the newly annexed Tract. It is not
the intent of this Plan to provide a uniform level of services to all areas of the City
(including the Tract) where differing characteristics of topography, land utilization
and population density are considered as sufficient basis for providing differing levels
of service.
C. Definitions.
1. As used in this Plan, providing services includes services funded in whole
or in part by City taxation and provided by the City within its full-purpose
boundaries. The City provision of services may be by any means or methods
by which it extends the services to any other area of the City. This may
include causing. or allowing private utilities, governmental entities and other
public service organizations to provide such services, in whole or in part.
' ~ ~ •
2. As used in this Plan, the phrase "standard policies and procedures" means
those policies and procedures of the City applicable to a particular service
which are in effect at the time that the service is requested or at the time the
service is made available or provided and are in accordance with Title 12,
Chapter 395 of the Code.
D. Early Action Program.
1. Statutoi., Services. The statutory services will be provided to the Tract
within sixty (60) days after the effective date of this Plan, unless otherwise
indicated. The statutory services are as follows:
a. Police Protection. The Police Department of the City will provide
protection and law enforcement in the Tract. These activities will
include normal patrols and responses, the handling of complaints and
incident reports, and other usual and customary police services.
b. Fire Protection. The Fire Department of the City will continue to
provide fire protection that supplements the protection provided by the
Channel Industries Mutual Aid program in the Tract.
c. Solid Waste Collection. Residential collection services will be
provided by City forces. Non-residential non-hazardous collection
services will be provided by the City contract service provider. Future
residential and non-residential non-hazardous collection services will
be provided in accordance with standard policies and procedures. Non-
residential hazardous waste disposal will be the responsibility of the
property owner in accordance with all State and Federal guidelines.
d. Maintenance of- Water and Wastewater Facilities. There are no
existing City water and waste water facilities to be maintained. Any
extensions of such facilities as addressed in the Capital Improvements
Program, below, will be provided normal maintenance services.
e. Maintenance of Public Roads and Streets including Lighting. The
Department of Public Works of the City will provide maintenance of
roads and streets over which the City will have jurisdiction. Those
roads and streets under jurisdiction of other governmental entities will
be maintained by those entities. The City will provide services relating
to traffic control for roads and streets over which it has jurisdiction.
Roads and streets under the jurisdiction of other governmental entities
will be provided traffic control services by those entities. Existing
street lighting for public roads and streets will be maintained through
the services of Houston Lighting and Power Company.
i
f. Maintenance of Parks Plavgrounds and Swimming Pools. There are
no existing Public Park facilities to be maintained. Should any such
facilities be constructed in the Tract in accordance with the Capital
. s ~ ~ •
Improvements Program below, the Department of Parks and
Recreation of the City will provide maintenance services.
g. Maintenance of Any Other Publicly-owned Facility, Building or
Service. There are no other publicly-owned facilities, bu~ldmgs or
services in the Tract. Should any such facilities, buildings or services
be constructed or located by the City in the Tract, an appropriate City
department will provide the necessary maintenance services.
2. Additional Services. Certain services, in addition to the statutory services,
will be provided within the Tract to the same extent they are provided to
similar areas elsewhere in the City. These are as follows:
a. Library services from existing facilities and future facilities outside
the Tract.
b. Health services in accordance with agreement between the City and
Hams County.
c. Emergency rescue and ambulance services by the Cit}~s Emergency
Medical Services division, in accordance with standard policies and
procedures.
d. Enforcement of all City codes and ordinances.
E. Capital Improvements Prog_un. The City will initiate the construction or
acquisition of capital improvements necessary for providing municipal services for
the Tract. Those improvements which are necessary are indicated below, and any
necessary construction shall begin within two (2) years after the effective date of
the annexation of the Tract and shall be substantially completed within 4 1/2 years
after- that date, except as otherwise indicated.
1. Police Protection. Police protection for the Tract can be provided using
existing facilities. While no improvements are necessary at this time, the
Tract will be included with other temtory in connection with planning for
new, revised or expanded police protection.
Z. Fire Protection. Fire protection for the Tract can be provided by using
existing facilities and equipment. While no improvements are necessary at
this time, the tract will be included with other in connection with planning for
new, revised or expanded fire protection.
3. Solid Waste Collection. No capital improvements are necessary at this
time to provide solid waste collection to the Tract as described in the Early
Action Program. The tract will, however, be included with other territory in
planning for new, revised or expanded solid waste collection service facilities.
4. Water and Wastewater Facilities. Currently there are no water or
wastewater facilities of which the City will assume control following
•
annexation. The tract is within the service area of Coastal Water Authority,
a water utility, and within the service area of Gulf Coast Waste Disposal
Authority, a wastewater utility, and is now being served by such utilities. The
City proposes the following means to provide the necessary improvements for
water and wastewater services.
a. Domestic water and wastewater service. Currently domestic water
and wastewater are self-provided by the individual property owners
either through wells, surface water or by purchasing water from
adjoining property owners. The City will extend water and sanitary
sewer lines for domestic services in accordance with its standard utility
extension policies and procedures. These policies and procedures are
established by Ordinance No. 759, and include the imposition of utility
extension fees in accordance with Section 395.019 of the Code. Should
a property owner elect to construct the improvements sooner than the
schedule established in this Plan, the owner may construct or finance
the improvements and the costs incurred or funds advanced will be
credited against the utility extension fees due from that property owner.
As utility extension fees are collected from other property owners
along the utility line installed, these fees will be refunded to the
property owner who constructed or funded the construction of those
capital improvements.
b. Industrial Process Water. Currently industrial process water is
provided by on-site wells, water purchased from other property owners
or from water purchased from the Coastal Water Authority (CWA).
The City does not propose to change those arrangements. However,
should requests be received for process water, the City will contract
with CWA to purchase industrial. process water and subsequently
distribute that process water to those industries requesting service. The
mains and facilities necessary for providing this service will be
constructed in accordance with the standard utility extension policies
and procedures described in the previous paragraph.
c. Industrial Process Wastewater. Currently industrial process
wastewater service to the Tract is provided by individual treatment
facilities, treatment by adjoining property owners or by Gulf Coast
Waste Disposal Authority. The City does not propose to change those
arrangements, however, should requests be made for industrial process
wastewater services, the City will contract with Gulf Coast Waste
Disposal Authority to provide such services. The sewer mains and
facilities necessary for providing this service will be constructed in
accordance with the City's standard utility extension policies and
procedures described in Paragraph E4a, above.
s
5. Roads and Streets including Li hg tiny. In general, the City will acquire
dominion, control, and jurisdiction in, over and under public roads and streets
within the Tract upon annexation, pursuant to Art. 1175, V.A.T.S., and similar
provisions, subject to the jurisdiction of other governmental entities.
•
,\ '~
Additional roads, streets or related facilities are not necessary at this time to
serve the Tract. Future extensions of roads or streets and future installation
of related facilities such as traffic control devices or street lights will be
governed by standazd policies and procedures. The Tract will be included
with other territory in connection with planning for new, revised, widened or
enlazged roads, streets or related facilities.
6. Pazks Playgrounds and S<«immin~ Pools. These services can be provided
by using existing facilities. While no additional capital improvements are
necessary at this time, the Tract will be included with other territory in
connection with planning for new, revised or expanded pazks, playgrounds or
swimming pools.
7. Other Publics Owned Facilities Buildings or Services• Additional Services.
In general, other City functions and services, and the additional services
described above, can be provided to the Tract using existing facilities. While
no additional capital improvements aze necessary at this time, the Tract will
be included with other territory in connection with planning for new, revised
or expanded services, facilities and functions, including the additional services
described above.
IV. AMENDMENT• GOVERNING LAW
This Plan may not be amended or repealed except as provided by the Code or other
controlling law. Neither changes in the methods or means of implementing any part
of the service programs nor changes in the responsibilities of the various departments
of the City shall constitute amendments to this Plan, and the City reserves the right
to make such changes. This Plan is subject to, and. shall be interpreted in
accordance with the Code, the Constitution and laws of the United States of America
and the State of Texas, and the orders, rules and regulations of governmental bodies
and officers having jurisdiction.
V. FORCE MAJEURE
Should a force majeure interrupt the services described herein, the City shall resume
services under this Plan within a reasonable time after the cessation of the force
majeure. "Force majeure", for the purposes of this Plan, shall include, but not be
limited to, acts of God, acts of the public enemy, war, blockade, insurrection, riots,
epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts,
tornadoes, hurricanes, arrests and restraints of government,~explosions, collisions and
any other inability of the City, whether similar to those enumerated or otherwise,
which is not in control of the City.
VI. ENTIRE PLAN
This document contains the entire and integrated service plan relating to the Tract
and supersedes all other negotiations, representations plans and agreements, whether
written or oral.
~ f ~
REST FOR CITY COUNCIL AGE ITEM
Agenda Date Requested: November 29. 1993
Requested By: S. Gillett Department: Public Works
XXXX Report Resolution Ordinance
Exhibits: Bid Tabulation
SUMMARY & RECOMMENDATION
Sealed bids (#0565) for the purchase of tires were opened on November 1,
1993. Fifteen bid requests were mailed, with five returning bids. This
bid is for the annual contract to proved tires.
Overall low bid was submitted by La Porte Tire Center, at an estimated
annual cost of $82,575.04.
Action Required by Council: Award annual contract for the purchase of tires
to La Porte Tire Center, at an estimated annual cost of $82,575.04
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
XXXX Other Vehicle Maintenance
Account Number: 024-700-704-240 Funds Available: XX YES NO
Approved for City Council Agenda
~u~ T~ ! ~ -_~3 - q3
Robert T. Herrera DATE
City Manager
x ~ •
B{D TABULATION -TIRES
SECTION 1-SMALL TIFFS
ITEM #1 -POLICE
A. P225170HR {200}
B. P205170HR (100}
C. P23S/70HR (150) $48.88
$47.47
$56.28 $50.10
$48.29
$55.36 $51.34
$43.75
$57.47 $47.22
$46.90
$61.28 $51.31
$58.64
$57.47
::::::::.:::::$i~~-'~'~F...~I. .:....:.,1X~.: .... ;:~ ..:::.. . ...: . :.:.... X24 ~`~l~p
ITEM #2 -PICKUP
A. P185(80R-13 (10) $30.50 $34.02 $30.94 $26.4f $32.94
B. P185/75R=14 (10) $32.00 $36.93 $33.37 $28.35 $35.37
C. 7.5 - 16 (10) $61.00 $72.57 $54.28 $73.43 $56.51
D. P195170R {10) $35.50 NO BID $55.6:1 $40.22 $55.63
E. P235170R (30) $37.50 $51.63 $44,04 $49.14 $57.47
F. LT215/85R16 (8) $66:20 $63:51 $69:00 $72:94 $114:87
G. 235I85Ri 6 (6) $72.80 $70.53 $76.78 $79. i i $i 20.31
SECTION N-HEAVY TRUC
ITEM #1 -GRADER TIRES
A. 14.00 X 24 {4) NO BID $284.68 $301.18 $339.08 $287.00
8. 17.5 X 25 (2) NO BID $367.09 $434.70 $382.17 $434.70
' ." :` ::::.::'SUS-.~~.. N~ ~ > .. ~'7~,~~~.. ...::~~ad~~d . ...... air.!!
ITEM #2 -FARM TRACTO
A. 14.9 X 24 (4) NO BID $201.17 $196.65 $186.51 $21 b.04
B. 11 L - 15 (8) NO BID $72.80 $78.38 $44.39 $53.37
C. 111 - 16 (4) NO BID $99.10 $94.85 $47.99 $64.21
D. 13.6 - 16.1 {4} NO BID $171.29 $231.46 $176.46 $231.46
E. 16.9 X 24 (6} NO 81D $234.99 $220.72 $324.17 $264.27
"~ :. Qy~4~.~
ITEM #3 -STREET TRUCK
A. 385 - 85R (8) NO BID $362.69 $312.58 $364.38 $312.56
B. 425 - 65R (6) NO BID $396.09 $345.13 $475.94 $345.13
:::
ITEIUI #4 - $ML TRA~TOH
A. 6 - 12 (2) NO BID $44.66 $51.90 $23.00 $27.66
B. 23 - 850 (8 NO BID $44.05 $41.90 $51.76 $36.65
:::..::. ~~,~:.yp~~ ~~j
ITEM #b -TRUCK TIRES
A. 10.0 X 20 (120) NO BID $205.26 $174.01 $174.01 $177.93
B. 11.00X20 (6} NO BID $284.83 $195.54 $352.89 $206.73
C. 11 R 22.5 (6} NO BID $225.35 $170.14 $181.58 $199.01
ITEM #6 - HiNY TREAD
A. 8.25X20 (8) NO BID NO BID $138.41 $136.41 $136.41
B. 10.00X20 (20) NO BID $193.86 $167.40 $167.41 $167.41
C. 14.8b X 20 (4) NO BID $329.03 $261.73 $349.22 $261.73
SECT 111-CAP 3E CASING
A. 10.00 X 20 (50) NO SID NO BID $156.31 $144.84 $109.45
B. 11.00 X 20_(6} NO BID NO BID $161.91 $148.84 $11b.27
SECT N -RECAP ONLY
A. 10.00 X 20 (80) NO BID NO BID $81.31 $74.84 $79.45
B. i 1.00X20 6) NO BID NO BID $86.71 $78.84 $83.27
• i
BIDDSR'$ LIST
SSALBD BID #4565 - TIRES
A TO Z TIRE GCR HOUSTON TRUCK TIRE
382 W. MAIN 5801 ARMOUR
LEAGUE CITY, TX 77573 HOUSTON, TX 77020
332-2446 675-6676
AMERICAN WHEEL & TIRE GOODYEAR AUTO SERVICE
14626 HEMPSTEAD HWY. 4840 CENTER
HOUSTON, TX 77040 DEER PARK, TX 77536
462-7$87 479-5500
BEASLEY TIRE SERVICE GOODYEAR COMMERCIAL TIRE CENTER
P.O. BOX 11556 4411 HOMESTEAD RD.
HOUSTON, TX 77293 HOUSTON, TX 77029
449-2365 572-0007
DISCOUNT TIRE HTC TIRES & AUTOMOTIVE
7344 SPENCER HWY. 12999 MURPHY RD., BLDG. A
PASADENA, TX 77505 STAFFORD, TX 77477
479-6427 879-5133
DORSETT'S TIRE CENTER LA PORTS TIRE CENTER
6530 SPENCER 521 W. MAIN
PASADENA, TX 77505 LA PORTS, TX 77571
487-5387 471-3541
SERVISFLEET TRUCK TIRE STROUHAL'S TIRE & RECAPPING
5901 GRIGGS RD. 3300 N. MCCARTY
HOUSTON, TX 77023 HOUSTON, TX 77029
545-3285 672-2656
SNIDER TIRE WESTEN TIRE
4545 MOSSFORD DR. 201 E. MAIN
HOUSTON, TX 77087 LA PORTS, TX 77571
649-5596 471-5130
MICHELIN TIRE CORP.
100 DONWICK DR.
CONROE, TX 77385
1-800-422-1682
.. ~- • •
~UEST FOR CITY COUNCIL AGE ITEM
Agenda Date Requested: November 29. 1993
Requested By: S. Gillet Department: Public Works
XXXX Report Resolution Ordinance
Exhibits: Bid Tabulation
SUMMARY & RECOMMENDATION
Sealed bids (#0510) for the purchase of plastic garbage bags were opened on
November 15, 1993. Eight bid requests were mailed, with four returning
bids. The City of La Porte purchases 120,000 lbs. of plastic garbage bags
twice per year for the semi-annual handout.
Low bid was submitted by Arrow Industries for $0.36 per pound, for an
estimated cost of $43,200. This is identical to the purchase price in June
1993 from H-GAC, and 3% less than last November. Current H-GAC price is
$0.3675 per pound, not including the 3o administrative fee.
Action Required by Council: Award contract for purchase of plastic garbage
bags to Arrow Industries at $0.36 per pound, with an estimated total cost
of $43,200.
Availability of Funds:
XXX General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: 001-700-702-215 Funds Available: ~_YES NO
Apgroved for City Council Agenda
~~1,~' T, J~~-`-- c~-az- a3
Robert T. Herrera DATE
City Manager
T
•
BID TABULATION =PLASTIC GARBAGE BAGS
BIDDSR'3 LIST
3EALSD BID #0567 - PLASTIC GARBAG$ BAGS
BEMIS COMPANY
P. O. BOX 905
TERRE HAUTE, IN 47808-0905
RUTAN POLYETHELENE SUPPLY
39-T SIDING PLACE
MAHWAH, N.3. 07430
ARROW INDUSTRIES, INC.
P. 0. BOX 810489
DALLAS, TX 75381
SUNBELT PLASTICS
P. O. BOX 7400
MONROE, LA 71211
ABLE PLASTIC CO.
14 ALBERT DR., SUITE 17
MONSEY, N.Y. 10952
DYNA-PAK CORPORATION
112 HELTON DRIVE
LAWRENCEBURG, TN 38464
EMSCO PACKAGING
4010 NINE McFARLAND DR.
ALPHARETTA, GA 30201
R.B.R. MANUFACTURING INC.
1027-GRAND STREET
BROOKLYN, N.Y. 11211