Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1994-08-08 Regular Meeting
AGENDA REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE HELD AUGUST 8, 1994, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M. Next Res. 94-06 Next Ord. 94-1993 1. CALL TO ORDER 2. INVOCATION BY COUNCILPERSON MCLAUGHLIN 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING JULY 25, 1994 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL 5. CONSIDER AN ORDINANCE AMENDING ORDINANCE 1388, AN ORDINANCE ADOPTING A FIRE CODE FOR THE CITY OF LA PORTE (Ord. 1388-C) - P. Hickenbottom 6. CONSIDER AN ORDINANCE APPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF LA PORTE (Ord. 94-1993) - R.T. Herrera 7. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING AN OPTION AGREEMENT BETWEEN THE CITY OF LA PORTE AND HAROLD P. PFEIFFER, FOR THE PURCHASE BY THE CITY OF LA PORTE OF TWO TRACTS OF LAND FOR PUBLIC PURPOSES (Ord. 94-1994) - R.T. Herrera 8. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR DISCUSSION A. CONSIDER DECLARING FOUR ALARM FIRE EQUIPMENT SINGLE SOURCE VENDOR FOR HALE PRODUCTS FOR THE PURCHASE OF HURST HYDRAULIC RESCUE EQUIPMENT - J. Sease B. CONSIDER AWARDING A BID TO CASCO INDUSTRIES, INC FOR A TRIPLE COMBINATION PUMPER APPARATUS - J. Sease C. CONSIDER AWARDING A BID FOR AERIAL MAPPING TO AERIAL VIEWPOINT - C. Harrington D. CONSIDER AWARDING A BID FOR THE ANNUAL CONTRACT FOR SUPPLY OF STREET MATERIALS - S. Gillett 9. ADMINISTRATIVE REPORTS A. CITY AUCTION • 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 MANAGER AND LEGAL COUNSEL REGARDING PENDING LAWSUIT(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. ~ • MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL AUGUST 08, 1994 1. The meeting was called to order by Mayor Norman Malone at 6:00 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Guy Sutherland, Mike Cooper., Bob Thrower, Bob McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell and Jerry Clarke Members of Council Absent: None Members of City Staff Present: City Manager Robert T. Herrera, City Attorney Knox Askins, City Secretary Sue Lenes, Assistant City Manager John Joerns, Chief of Police Bobby Powell, Director of. Finance Jeff Litchfield, Purchasing Agent Susan Kelley, Director of Planning Chuck Harrington, Director of Public Works Steve Gillett, Fire Chief Joe Sease, Fire Marshall Paul Hickenbottom Others Present: Attorney Barry Abrams, Robert Eckels, a candidate for County Judge, Nick Cuccerre, representing a group of citizens from Northwest La Porte (Lomax area), Lou Lawler representing the Seafarers Center, Harold Pfeiffer and a number of other La Porte citizens 2. The invocation was given by Councilperson McLaughlin. 3. Council considered approving minutes of Regular Meeting July 25, 1994. Motion was made by Councilperson Cooper to approve the minutes of July 25 as presented. Second by Councilperson McLaughlin. The motion carried, 8 ayes, 0 nays and 1 abstain. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin.,. Gay, Maxwell, Clarke and Mayor Malone Nays: None Abstain: Councilperson Porter 4. There were three persons wishing to address Council. Robert Eckels, a candidate- for County Judge, introduced himself to Council and the audience stating he was here just to say hello. Minutes Regular Meeting La Porte City Council August 8, 1994, Page 2 Spero Pomonis, 218 Bay Colony, La Porte, addressed Council in favor of the purchase by the City of two tracts of land for public purposes. Nick Cuccerre, 10601 North "H" Street, La Porte, addressed Council regarding his property which is zoned residential. Mr. Cuccerre reported he is holding a gathering of people at this address and has a function called team roping. He is asking for a special exception to continue this activity, which is a commercial project, being carried on in a residential zoned neighborhood. Mr. Cuccerre presented to staff a list of citizens who are supporting this project. 5. Council considered an ordinance amending Ordinance 1388, an ordinance adopting a fire code for the City of La Porte. City Attorney read: ORDINANCE 1388-C - AN ORDINANCE AMENDING ORDINANCE 1388, AN ORDINANCE ADOPTING A FIRE CODE FOR THE CITY OF LA PORTE; CONTAINING A SAVING AND REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Sutherland to approve the adoption of Ordinance 1388-C as read by the City Attorney. Second by Councilperson Clarke.. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None Mayor Malone requested Council to allow item 6 to be discussed later during this meeting. He said he is waiting on a report to present to Council regarding one of the alternates to be voted upon tonight. 7. Council considered an ordinance approving and authorizing an option agreement between the City of La Porte and Harold P. Pfeiffer, for the purchase by the City of La Porte of two tracts of land for public purposes. Minutes Regular Meeting La Porte City Council August 8, 1994, Page 3 City Attorney read: ORDINANCE 94-1994 - AN ORDINANCE APPROVING AND AUTHORIZING AN OPTION AGREEMENT BETWEEN THE CITY OF LA PORTE AND HAROLD P. PFEIFFER, FOR THE. PURCHASE BY THE CITY OF LA PORTE OF TWO TRACTS OF LAND FOR PUBLIC PURPOSES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING. COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson McLaughlin to approve Ordinance 94-1994 as read by the City Attorney. Second by Councilperson Thrower. The motion carried, 8 ayes, 0 nays, and one abstain. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None Abstain: Councilperson Porter 8. Council considered a consent agenda as follows: (A) Consider declaring Four Alarm Fire Equipment as a single source vendor for Hale Products for the purchase of Hurst Hydraulic Rescue Equipment; (B) Consider awarding a bid to Casco Industries, Inc., for a triple combination pumper apparatus;. (C) Consider awarding a bid for aerial mapping to Aerial Viewpoint; (D) Consider awarding a bid for the annual contract for supply of street materials. Motion was made by Councilperson Clarke to approve the consent agenda as presented. Second by Councilperson Porter. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None. 9. Mr. Herrera reported the results of the joint auction held with the City of Deer Park on July 30th. Total proceeds were $80,228 of which the City of La Porte took $55,923, and the City of Deer Park took the remaining $24,305. La Porte's $55,923 will be redeposited into the General Fund and the Motor Pool Fund. Mr. Herrera reminded Council about the upcoming Workshops on the City Budget. Director of Finance Jeff Litchfield passed out copies of the Budget to each Councilperson. The Workshops will start Monday, August 15th. Minutes Regular Meeting La Porte City Council August 8, 1994, Page 4 Mr. Herrera reported the City of La Porte is seeking bids for the reconstruction of a fishing pier at Sylvan Beach, and he hopes the bids will be returned within City budget guide lines. 6. Council considered an ordinance appointing members to the board of Adjustment of the City of La Porte. City Attorney read: ORDINANCE 94-1993 - AN ORDINANCE APPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT 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. City Attorney stated the appointments are for terms expiring May 30th of the year indicated: Position 5 - Ruben L. Salinas 1996 Alternate 1 - James Zoller 1997 Motion was made by Councilperson Sutherland to adopt Ordinance 94-1993 to fill Position 5 and Alternate 1 as read by the City Attorney. Second by Councilperson Maxwell. The motion. carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 10. Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay and Maxwell brought items to Council's attention. 11. Council retired into executive session at 6:42 P.M. under V.A.T.S. - Articles 6252-17, Section 2(E) - (Legal), to meet with City Manager and Legal Counsel regarding pending lawsuit(s). Council reconvened the meeting at 8:22 P.M. with no action taken. 12. There being no further business to come before the Council the meeting duly adjourned at 8:23 P.M. Respectfully submitted, ~~ Sue Lenes, City Secretary Minutes Regular Meeting La Porte City Council August 8, 1994, Page 5 Passed & Approved this the 22nd da f August 1994 rman L. al ne ayor 's REQUEST FOR CITT CCL',:CIL AQ~A ITEM Agenda Date Requested: Requested By: PAUL R. HICKENBOTTOM D epar tment: FIRE PREVENTION u Report Resolution XXX Ordinance Exhibits: LIST OF REQUESTED NATIONAL FIRE CODE (N.F.P.A.) STANDARDS SUMMARY ~ RECOMMENDATION. The La Porte Fire Code Review Committee met on June 20, 1994 and July 25, 1994, and voted unanimously to request that the city council ammend Article 35 of the Fire .Code, by updating Section 35.1. Article 35 - Reference Publications and Definitions Division 1 - Reference Publications . Section 35.1 - Adoption by Reference of Certain Publications The update of Section 35.1, will provide the Fire Marshal's Office personnel with current publications. These publications will be used to aid Inspectors .. during thr review of new and on going occupancy operations, and to provide technical assistance during the review of blueprints used for commerical .: .. construction. This update, which should be done every two years, will make the Fire Code more compatible with other codes already adopted by the city. This .update will also - help stop the following comments/complaints from architects, engineers and contractors: 1. The Fire Code is out of date, or 2. I can't buy or find that edition of the code, it is no longer in print. Therefore, the committee is requesting the following: ~: DELETE: THE CURRENTLY ADOPTED NATIONAL FIRE CODE (N.F.P.A.) STANDARDS, and ADOPT:. THE PROPOSED NATIONAL FIRE CODE (N.F.P.A.) STANDARDS - SEE ATTACHED REDUESTED LIST: Action Required by Council: Review request.and approve Ordinance 1388 C updating the Fire Code. Availability of Funds: General Fund Water/.4Jastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: _ YES - NO o nc' e . ~ i ' ~ 8 - 3=q~1 Robert T. Herrera DATE City Manager ORDINANCE NO. 1388-C AN ORDINANCE AMENDING ORDINANCE 1388, AN ORDINANCE ADOPTING A FIRE CODE FOR THE CITY OF LA FORTE; CONTAINING A SAVING AND REPEALING CLAIISE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE FINED IN ANY SIIM NOT MORE THAN TWO HIINDRED DOLLARS ($200..00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; 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 FORTE: Section 1. Article 35, Division 1, Section 35.1 of the 1983 edition of the Fire Code of the City of La Porte, as adopted by Ordinance No. 1388, as amended, is hereby amended as set forth on Exhibit "A" attached hereto, incorporated by reference herein, and made a part hereof, as fully as if copied at length herein. Section 2. Except as amended hereby, Ordinances No. 1388, 1388-A, and 1388-B, shall remain in full force and effect. Section 3. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any of the provisions of this code or fails to comply with any order made hereunder, or who shall violate any detailed statement of specifications or plans submitted and approved hereunder, or any certificate of permit issued hereunder, or who shall fail to comply with any lawful order of the fire marshall or duly authorized representative within the time specified, shall be guilty.of a misdemeanor, and upon being found guilty shall be punished by a fine of not more than Two Hundred Dollars ($200.00). Each and every day a violation is permitted to continue or compliance is not attained, or prohibited conditions are maintained, shall constitute a separate and distinct offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 4. 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 ORDINANCE NO. 1388-C Page 2 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 invalid. Section 5. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this Ordinance. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; 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. PASSED AND APPROVED, this 8th day of August, 1994. CITE OF LA PORTE ;, , Nmrman L Ma one, M or ATTEST: Sue Lenes, City Secretary APPROVED: ~~ Knox W. Askins, City'Attorney EXHIBIT A ORDINANCE 138 ARTICLE 35 - REFERENCE P ICATIONS AND DEFINITIONS DIVISION 1 - REFERENCE PUBLICATIONS SECTION 35.1 - ADOPTION BY REFERENCE OF CERTAIN PUBLICATIONS NUMERICAL LISTING OF. ADOPTED NATIONAL FIRE CODES NUMBER TITLE AND EDITION VOLUME 10 - PORTABLE FIRE EXTINGUISHERS - 1990 1 11 - LOW EXPANSION FOAM & COMBINED AGENT SYSTEMS - 1994 1 11A - MEDIUM & HIGH EXPANSION FOAM SYSTEMS - 1994 1 11C - MOBILE FOAM APPARATUS - 1990 1 12 - CARBON DIOXIDE EXTINGUISHING SYSTEMS - 1993 1 12A - HALON 1301 FIRE EXTINGUISIING SYSTEMS - 1992 1 12B - FIALON 1211 FIRE EXTINGUISHING SYSTEMS = 1990 1 13 - INSTALLATION OF SPRINKLER SYSTEMS - 1994 1 _ 13D - SPRINKLER SYSTEMS IN ONE. AND TWO FAMILY DWELLINGS 1 & MOBILE HOMES - 1994 13E - FIRE DEPARTMENT OPERATIONS IN PROPERTIES PROTECTED BY 10 SPRINKLER & STANDPIPE SYSTEMS - 1989 13R - SPRINKLER SYSTEMS IN RESIDENTIAL OCCUPANCIES UP TO & 1 INCLUDING FOUR STORIES IN HEIGHT - 1994 14 - OF STANDPIPE & HOSE SYSTEM - 1993 INSTALLATION 1 15 - . WATER SPRAY FIXED SYSTEMS - 1990 :~ 1 16 - INSTALLATION OF DELUGE FOAM-WATER SPRINKLER SYSTEMS 1 & FOAM-WATER SPRAY SYSTEMS - 1991 16A - INSTALLATION OF CLOSED-HEAD FOAM-WATER SPRINKLER 1 SYSTEMS - 1994 1 1'7 - DRY CHEMICAL EXTINGUISHING SYSTEMS - 1990 17A - . WET CHEMICAL EXTINGUISHING SYSTEMS - 1990 ~ 1 18 - WETTING AGENTS - 1990 1 1 20 - INSTALLATION OF CENTRIFUGAL FIRE PUMPS - 1993 22 - WATER TANKS FOR PRIVATE FIRE PROTECTION - 19.93 1 24 - INSTALLATION OF PRIVATE FIRE SERVICE MAINS & THEIR 2 APPURTENANCES - 1992 2 25 - INSPECTION, TESTING AND MAINTENANCE OF WATER-BASED - FIRE PROTECTION SYSTEi~iS - 1992 SUPERVISION OF VALVES CONTROLLING WATER SUPPLIES - 1988 10 26 NUMERICAL LISTING OF ADOPTED NATIONAL FIRE CODES - CONT: PAGE 2 NUMBER TITLE AND EDITION VOLUME 30 - FLAMMABLE & COMBUSTIBLE LIQUIDS CODE - 1993 2 30A - AUTOMOTIVE & MARINE SERVICE STATION CODE - 1993 2 30B - AEROSOL PRODUCTS, MANUFACTURE & STORAGE - 1990 2 31 - .INSTALLATION OF OIL BURNING EQUIPMENT - 1992 2 32 - DRY CLEANING PLANTS - 1990 2 33 - SPRAY APPLICATION USING FLAMMABLE & COMBUSTIBLE 2 MATERIALS - 1989 34 - DIPPING & COATING PROCESSES USING FLAMMABLE OR 2 COMBUSTIBLE LIQUIDS - 1989 35 - MANUFACTURE OF ORGANIC COATINGS -.1987 2 36 - SOLVENT EXTRACTION PLANTS - 1993 2 37 - INSTALLATION AND USE OF STATIONARY COMBUSTION 2 ENGINES & GAS TURBINES - 1994 40 - STORAGE & HANDLING OF CELLULOSE NITRATE MOTION 2 PICTURE FILM - 1988 40E - STORAGE OF PYROXYLIN PLASTIC - 1993 2 43A - STORAGE OF LIQUID & SOLID OXIDIZERS - 1990 2 43B - ORGANIC PEROXIDE FORMULATIONS, STORAGE OF - 1993 2 43D - STORAGE OF PESTICIDES IN PORTABLE CONTAINERS - 1986 2 45 - FIRE PROTECTION FOR LABORATORES USING CHEMICALS - 1991 2 46 - STORAGE OF FOREST PRODUCTS - 1990 10 49 - HAZARDOUS CHEMICALS DATA - 1991 10 50 - BULK OXYGEN SYSTEMS AT CONSUMER SITES - 1990 2 50A - GASEOUS HYDROGEN SYSTEMS AT CONSUMER SITES - 1994 2 50B - LIQUEFIED HYDROGEN SYSTEMS AT CONSUMER SITES - 1994 2 51 - DESIGN & INSTALLATION OF OXYGEN-FUEL GAS SYSTEMS FOR 2 WELDING, CUTTING & ALLIED PROCESSES - 1992 51A - ACETYLENE CYLINDER CHARGING PLANTS - 1989 2 51B - CUTTING & WELDING PROCESSES - 1989 2 53 - FIRE HAZARDS IN OXYGEN-ENRICHED ATMOSPHERES - 1994 9 54 - NATIONAL FUEL CODE - 1992 2 55 - STORAGE, USE AND HANDLING OF COMPRESSED AND LIQUEFIED 2 GASES IN PORTABLE CYLINDERS - 1993 59 - STORAGE & HANDLING OF LIQUEFIED PETROLEUM GASES 3 AT UTILITY GAS PLANTS - 1992 59A - PRODUCTION, STORAGE & HANDLING OF LIQUEFIED NATURAL 3 GAS (LNG) - 1994 61A - .FIRE & DUST EXPLOSIONS IN FACILITIES MANUFACTURING 3 - 1989 & HANDLING STARCH 61B - _ FIRES & EXPLOSIONS IN GRAIN ELEVATORS & FACILITIES 3 HANDLING BULK RAW AGRICULTURAL COMMODITIES - 1989 61C - FIRE & DUST EXPLOSIONS IN FEED MILLS - 1989 3 61D - FIRE & DUST EXPLOSIONS IN THE MILLING OF AGRICULTURE 3 COMMODITIES FOR HUMAN CONSUMPTION - 1989 65 - PROCESSING & FINISHING OF ALUMINUM - 1987 3 68 - VENTING OF DEFLAGRATIONS - 1994 10 69 - EXPLOSION PREVENTION SYSTEMS - 1992 3 70 - NATIONAL ELECTRICAL CODE - 1993 3 70B - ELECTRICAL EQUIPMENT MAINTENANCE - 1990 10 NUMERTICAL LISTING OF ADOPTED NATIONAL FIRE CODES CONT: PAGE 3 NUMBER TITLE AND EDITION VOLUME 70E - ELECTRICAL SAFETY REQUIREMENTS FOR EMPLOYEE 3 WORKPLACES - 1988 72 - NATIONAL FIRE ALARM CODE - 1993 4 75 - PROTECTION OF ELECTRONIC COMPUTER/DATA PROCESSING 4 EQUIPMENT - 1992 77 - STATIC ELECTRICITY - 1993 10 79 - ELECTRICAL STANDARD FOR INDUSTRIAL MACHINERY - 1991 4 80 - FIRE DOORS & WINDOWS - 1992 4 80A - EXTERIOR FIRE EXPOSURES - 1993 10 81 - FUR STORAGE, FUMIGATION & CLEANING - 1986 4 82 - INCINERATORS, WASTE & LINEN HANDLING SYSTEMS 4 & EQUIPMENT - 1994 85C - FURNACE EXPLOSIONS/IMPLOSIONS IN MULTIPLE BURNER 4 BOILER-FURNACES - 1991 86 - OVENS & FURNACES-DESIGN, LOCATION & EQUIPMENT- 1990 4 86C - INDUSTRIAL FURNACES USING A SPECIAL PROCESSING 4 ATMOSPHERE - 1991 86D - INDUSTRIAL FURNACES USING VACUUM AS AN ATMOSPHERE 4 - 1990 88A - PARKING STRUCTURES - 1991 4 88B - REPAIR GARAGES - 1991 4 90A - INSTALLATION OF AIR CONDITIONING AND VENTILATION 4 SYSTEMS - 1993 90B - INSTALLATION OF WARM AIR HEATING & AIR CONDITIONING 4 SYSTEMS - 1993 91 - INSTALLATION OF BLOWER & EXHAUST SYSTEMS FOR DUST, 4 STOCK & VAPOR REMOVAL OR CONVEYING - 1990 92A - SMOKE CONTROL SYSTEMS - 1993 10 92B - SMOKE MANAGEMENT SYSTEMS IN MALLS, ATRIA, AREAS - 1991 10 96 - INSTALLATION OF EQUIPMENT FOR THE REMOVAL OF SMOKE 4 & GREASE-LADEN VAPORS FROM COMMERCIAL COOKING EQUIPMENT - 1994 97 - GLOSSARY OF TERMS RELATING TO CHIMNEYS, VENTS & HEAT 10 PRODUCING APPLIANCES - 1992 99 - HEALTH CARE FACILITIES - 1993 ~ 5 99B - HYPOBARIC FACILITIES - 1993 5 101 - SAFETY TO LIFE FROM FIRE IN BUILDINGS & 5 STRUCTURES - 1994 lO1M- ALTERNATIVE APPROACHES TO LIFE SAFTETY - 1992 10 102 - ASSEMBLY SEATING, TENTS & MEMBRANES STRUCTURES _ 1992 5 105 - SMOKE-CONTROL DOOR ASSEMBLIES - 1993 10 110 - EMERGENCY & SANDBY POWER SYSTEMS - 1993 5 111 - STORED ELECTRICAL ENERGY EMERGENCY AND STANDBY 5 POWER SYSTEMS - 1993 120 - COAL PREPARATION PLANTS - 1994 5 150 - FIRE SAFETY IN RACETRACK STABLES - 1991 5 170 - FIRE SAFETY SYMBOLS - 199.4 6 203 - ROOF COVERINGS & ROOF DECK CONSTRUCTIONS - 1992 10 204M- SMOKE & HEAT VENTING - 1991 10 NUMERICAL LISTING OF ADOPTED NATIONAL FIRE CODES CONT: PAGE 4 NUMBER TITLE AND EDITION VOLUME 211 - CHIMNEYS, FIREPLACES, VENTS & SOLID FUEL BURNING 5 APPLIANCES - 1992 214 - WATER-COOLING TOWERS - 1992 5 220 - TYPES OF BUILDING CONSTRUCTION - 1992 5 231 - GENERAL STORAGE - 1990 5 231C- RACK STORAGE OF MATERIALS - 1991 6 231D- STORAGE OF RUBBER TIRES - 1989 6 231E- STORAGE OF BALED COTTON - 1989 10 231F- ROLL PAPER STORAGE - 1987 6 232 - RECORDS, PROTECTION OF - 1991 6 232AM- ARCHIVES & RECORDS CENTERS - 1991 11 241 - CONSTRUCTION, ALTERATION, & DEMOLITION 6 OPERATIONS - 1993 251 - FIRE TESTS OF BUILDING CONSTRUCTION 6 & MATERIALS - 1990 252 - FIRE TESTS OF DOOR ASSEMBLIES - 1990 6 253 - TEST FOR CRITICAL RADIANT FLUX OF FLOOR COVERING 6 SYSTEMS USING RADIANT HEAT ENERGY SOURCE - 1990 255 - TEST OF SURFACE BURNING CHARACTERISTICS OF BUILDING 6 MATERIALS - 1990 256 - METHODS OF FIRE TESTS OF ROOF COVERINGS - 1993 6 257 - FIRE TESTS OF WINDOW ASSEMBLIES - 1990 6 258 - RESEARCH TEST METHOD FOR DETERMINING SMOKE GENERATION 6 OF SOLID MATERIALS - 1989 259 - TEST METHOD FOR POTENTIAL HEAT OF BUILDING MATERIALS 6 - 1993 260 - METHODS OF TESTS & CLASSIFICATION SYSTEM FOR CIGARETTE 6 _ IGNITION RESISTANCE OF COMPONENTS OF UPHOLSTERED FURNITURE - 1994 261 - METHOD OF TEST FOR DETERMINING RESISTANCE OF MOCK-UP 6 UPHOLISTERED FURNITURE MATERIAL ASSEMBLIES TO IGNITION BY SMOLDERING CIGARETTES - 1994 262 - METHOD OF TEST FOR FIRE & SMOKE CHARACTERISTICS OF 6 ELECTRICAL WIRES & CABLES - 1990 263 - HEAT & VISIBLE SMOKE RELEASE RATES FOR MATERIALS 6 & PRODUCTS, METHOD OF TEST FOR --1986 264A- METHOD OF TEST FOR HEAT RELEASE RATES FOR UPHOLISTERED 6 FURNITURE COMPONENTS OR COMPOSITES & MATTRESSES USING AN OXYGEN CONSUMPTION CALORIMETER - 1990 302 - PLEASURE & COMMERCIAL MOTOR CRAFT - 1989 6 306 - CONTROL OF GAS HAZARDS ON VESSELS - 1993 6 307 - MARINE TERMINALS, PIERS & WARVES - 1990 6 312 - FIRE PROTECTION OF VESSELS DURING CONSTRUCTION,- 6 REPAIR & LAY-UP - 1990 321 - BASIC CLASSIFICATION OF Fr,Al~rrrABLE & COMBUSTIBLE 6 LIQUIDS - 1991 325M- FIRE HAZARD PROPERTIES OF FI~IMMABLE LIQUIDS, GASES, 11 & VOLATILE SOLIDS - 1991 L!J NUMERIAL LISTING OF ADOPTED NATIONAL FIRE.CODES CONT: PAGE 5 NUMBER TITLE AND EDITION VOLUME 327 - CLEANING OR SAFEGUARDING SMALL TANKS & CONTAINERS 6 - 1993 328 - CONTROL OF Fr.AlrrrrABLE & COMBUSTIBLE LIQUIDS GASES IN 11 MANHOLES, SEWERS, & SIMILAR UNDERGROUND STRUCTURES - 1992 385 - TANK VEHICLES FOR FLAMMABLE & COMBUSTIBLE LIQUIDS 6 - 1990 386 - PORTABLE SHIPPING TANKS FOR FLAMMABLE & COMBUSTIBLE 6 LIQUIDS - 1990 395 - STORAGE OF FLAMMABLE & COMBUSTIBLE LIQUIDS ON FARMS & 6 ISOLATED CONSTRUCTION PROJECTS - 1993 402M- AIRCRAFT RESCUE & FIRE FIGHTING OPERATIONS - 1991 11 403 - AIRCRAFT RESCUE & FIRE FIGHTING SERVICES AT AIRPORTS 6 - 1993 407 - AIRCRAFT FUEL SERVICING - 1990 6 408 - AIRCRAFT HAND FIRE EXTINGUISHERS - 1989 6 409 - AIRCRAFT HANGERS - 1990 6 410 - AIRCRAFT MAINTENANCE - 1989 6 412 - EVALUATING FOAM FIRE FIGHTING EQUIPMENT ON AIRCRAFT 6 1993 RESCUE & FIRE FIGHTING VEHICLES 414 - _ AIRCRAFT RESCUE & FIRE FIGHTING VEHICLES - 1990 6 415 - AIRCRAFT FUELING RAMP DRAINAGE - 1992 6 416 - CONSTRUCTION & PROTECTION OF AIRCRAFT TERMINAL 6 BUILDINGS - 1993 417 - CONSTRUCTION & PROTECTION OF AIRCRAFT LOADING 6 WALKWAYS - 1990 418 - ROOF-TOP HELIPORT CONSTRUCTION & PROTECTION - 1990 6 419 - MASTER PLANNING AIRPORT WATER SUPPLY SYSTEMS FOR 11 FIRE PROTECTION - 1992 422M- AIRCRAFT FIRE EXPLOSION INVESTIGATOR'S MANUAL - 1989 11 423 - CONSTRUCTION & PROTECTION OF AIRCRAFT ENGINE TEST 6 FACILITIES - 1989 424M- AIRPORT/COMMUNITY EMERGENCY PLANNING - 1991 11 480 - STORAGE, HANDLING & PROCESSING OF MAGNESIUM - 1993 7 481 - PRODUCTION, PROCESSING, HANDLING & STORAGE OF 7 TITANIUM - 1987 482 - PRODUCTION, PROCESSING, HANDLING & STORAGE OF 7 .ZIRCONIUM - 1987 490 - STORAGE OF AMMONIUM NITRATE - 1993 7 491M-. HAZARDOUS CHEMICAL REACTIONS - 1991 11 495 - EXPLOSIVE MATERIALS CODE - 1992 7 496 - PURGED & PRESSURIED ENCLOSURES FOR ELECTRICAL 7 EQUIPMENT IN HAZARDOUS (CLASSIFIED) LOCATIONS - 1993 497A- CLASSIFICATION OF CLASS 1 HAZARDOUS LOCATIONS FOR 7 ELECTRICAL INSTALLATIONS IN CHEMICAL PLANTS - 1992 497B- CLASSIFICATION OF CLASS 2 HAZARDOUS (CLASSIFIED) 11 LOCATIONS FOR ELECTRICAL INSTALLATIONS IN CHEMICAL PROCESS AREAS - 1991 E C~ NUMERIAL LISTING OF ADOPTED NATIONAL FIRE CODES CONT: PAGE 6 NUMBER TITLE AND EDITION VOLUME 497M- CLASSIFICATION OF GASES, VAPORS & DUSTS FOR ELECTRICAL 11 EQUIPMENT IN HAZARDOUS (CLASSIFIED) LOCATIONS - 1991 498 - EXPLOSIVES MOTOR VEHICLE TERMINALS - 1992 7 501C- FIRE SAFETY CRITERIA FOR RECREATIONAL VEHICLES - 1993 7 501D- FIRE SAFETY CRITERIA FOR RECREATIONAL VEHICLES-PARKS & 7 CAMPGROUNDS - 1993 502 - FIRE PROTECTION FOR LIMITED ACCESS HIGHWAYS, TUNNELS, 11 BRIDGES, ELEVATED ROADWAYS, AND AIR RIGHT STRUCTURES - 1992 505 - POWERED INDUSTRIAL TRUCKS INCLUDING TYPE DESIGNATIONS, 7 AREAS OF USE, MAINTENANCE & OPERATIONS - 1992 512 - TRUCK FIRE PROTECTION - 1994 7 513 - MOTOR FREIGHT TERMINALS - 1994 7 650 - PNEUMATIC CONVEYING SYSTEMS FOR HANDLING COMBUSTIBLE 7 MATERIALS - 1990 651 - MANUFACTURE OF ALUMINIUM POWER - 1993 7 654 - PREVENTION OF FIRE & DUST EXPLOSIONS IN THE CHEMICAL, 7 DYE, PHARMACEUTICAL, & PLASTICS INDUSTRIES - 1968 655 - SULFUR FIRES & EXPLOSIONS - 1993 7 664 - FIRES & EXPLOSIONS IN WOOD PROCESSING & WOOD WORKING 7 FACILITIES - 1993 701 - METHODS OF FIRE TESTS FOR FLAME-RESISTANT TEXTILES 7 & FILMS - 1989 703 - FIRE RETARDANT IMPREGNATED WOOD & FIRE RETARDANT 7 COATINGS FOR BUILDING MATERIALS - 1992 704 - IDENTIFICATION OF THE FIRE HAZARDS OF MATERIALS - 1990 7 780 - LIGHTNING PROTECTION CODE.- 1992 7 801 - FACILITIES HANDLING RADIOACTIVE MATERIALS - 1991 11 802 - NUCLEAR RESEARCH REACTORS - 1993 11 803 - LIGHT WATER NUCLEAR POWER PLANTS - 1993 7 820 - FIRE PROTECTION IN WASTWATER TREATMENT PLANTS - 1992 11 850 - FOSSIL FUELED STEAM & COMBUSTION TURBINE ELECTRIC 12 851 - HYDROELECTRIC GENERATING PLANTS - 1992 12 910 - LIBRARIES & LIBRARY COLLECTIONS - 1991 12 911 - MUSEUMS & MUSEUM COLLECTIONS - 1991 12 912 - PLACES OF WORSHIP - 1993 12 913 - HISTORIC STRUCTURES & SITES - 1987 12 914 - REHABILITATION & ADAPTIVE REUSE OF HISTORIC 12 1122- CODE FOR UNMANNED ROCKETS - 1994 8 1123- OUTDOOR DISPLAY OF FIREWORKS - 1990 8 1125- MODEL ROCKET MOTORS - 1988 8 1126- USE OF PYROTECHNICS BEFORE A PROXIMATE AUDIENCE - 1992 8 8501- SINGLE BURNER BOILER OPERATIONS - 1992 9 8503- PULVERIZED FUEL SYSTEMS - 1992 9 8505- STOKER OPERATION - 1993- 9 s ~:; r AN ORDINANCE APPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAIISE; 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 ORDINANCE NO. 94- 1993 makes the following appointments to the Board of Adjustment of the City of La Porte, for terms expiring on May 30th of the year indicated, or until their successors shall have been duly appointed and qualified: Position 5 - Ruben L. Salinas 1996 Alternate 1 - James Zoller 1997 Section 2. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that. any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the ~: ORDINANCE NO. 94-1993 PAGE 2 City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 8th day of August, 1994 CITY OF LA PORTE / i~,~ / ~? BY~ .~ 'l' f"f G~l~, Norman L. Ma one, Mayor ATTEST: Sue Lenes, City Secretary APPROVED: ~ ~ c~=~~ z~ ~ Knox W. Askins, City Attorney l~ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 8. 1994 Requested By: Robert T. Herrera Department: Administration Report Resolution XX Ordinance Exhibits: 1. Ordinance #94 2. Letter of Agreement to Harold Pfeiffer 3. Option Agreement A. Promissory Note B. Ordinance #95- C. Opinion Letter to be furnished at a later date SUbIlVIARY & RECOMMENDATION The City of La Porte over the last several years has pursued the enhancement of recreational and passive leisure activities for its community residents. As identified within the City's 1985 Comprehensive Plan, the Visions ' 89 Goals Report and the Bayfront Master Plan of 1993, the City recognizes the need to obtain or control with some degree the development of Bay Front property in an effort to meet the long-range plans called for within these documents. The attached ordinance allows the City to obtain an option on the property formerly known as the Sea Breeze Sailing Club from Mr. Harold Pfeiffer. Once executed, the City will be committed to the acquisition of the property in January 1995. The financing package enclosed will not.adversely impact the City's tax rate. Staff recommends a favorable consideration for this request. Action Required by Council: Approve Ordinance #94- to obtain the option to acquire property in January 1995. Availability of Funds: XX General Fund Water/ Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: XX YES NO Approved for City Council Agenda Robert T. Herrera Date City Manager '; ORDINANCE NO. 94- 1994 E AN ORDINANCE APPROVING AND AIITHORIZING AN OPTION AGREEMENT BETWEEN THE. CITY OF LA FORTE AND HAROLD P. PFEIFFER, FOR THE PURCHASE BY THE CITY OF LA FORTE OF TWO TRACTS OF LAND FOR PIIBLIC PURPOSES; HARING VARIOIIS FINDINGS AND PROVISIONS RELATING TO THE SIIBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; 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. r ORDINANCE NO. 94-1994 PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 8th day of August, 1994. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: Sue Lenes, City Secretary APPROVED : ~/' ~ ,~ Knox W. Askins, City Attorney July 11, 1994 CITY ®~ ~~ PHONE (71 3) 47 i -5020 O P, p. BOX 1 1 1 5 Mr. Harold P. Pfeiffer 619 Brownell La Porte, TX 77571 ®~T~ O LA PORT E. TEXAS 77572 Re: Tract One: Lots 1-5, both inclusive, in Sailor's Cove Subdivision, a 2.209 acre tract, being a resubdivision of part of Lot 18, W.B. Lowrance Subdivision, recorded in Volume 83, Page 596, Harris County Deed Records - Beazley Homestead Tract, according to the map or plat of said Sailor's Cove Subdivision recorded April 6, 1994, under Harris County Clerk's file No. P779441. Tract Two: Lots 7 & 8, Bayshore Block, Bayshore Park Subdivision, according to the map or plat thereof recorded in Volume 10, Page 22, of the Map Records of Harris County, Texas. Dear Mr. Pfeiffer: Please be advised that I have been authorized by the La Porte City Council to negotiate the acquisition of the above-described property which you own located on Bayshore. Drive at Sea Breeze Avenue. On July 5, 1994, we met in my office and reached an agreement on the acquisition. As I explained to you, the City of La Porte has issued in 1994, substantially all of its $10,000,000.00 limit on tax free obligations, under Internal Revenue Service regulations. Therefore,. the City of La Porte. desires to obtain an option agreement from you, for the purchase of the. above described property by the City of La Porte, with final closing in January, 1995. The points which follow will outline the critical elements of our discussion: 1. The purchase price is $675,000.00. 2. You have agreed to finance this land acquisition if the note can by prepared by the City in a manner that is structured as a tax exempt instrument to the holder of the note. 3. Financing arrangement: Non-refundable option money to be paid upon signing of mutually acceptable option agreement, which option money shall be applied in its entirety to the purchase price, if the City exercises its option to purchase on or before January 31, 1995, $100,000.00. Mr. Harold P. Pfeiffer July 11, 1994 Page 2 The principal amount of the promissory note at the time of closing will be $575, 000.00, with interest thereon at 4 .5% per annum. Principal and interest shall be payable annually commencing August 10, 1995, and each August 10th thereafter until the full principal balance and all interest due thereon shall have been fully paid. The City of La Porte will reserve the right to prepay any amount of principal and interest on the promissory note, at any time, prior to maturity. 4. The subject property was appraised by Patricia Stone Muston, a state certified general real estate appraiser, on July 31, 1993, who placed a value of $795,000.00 on the property. The City agrees to furnish you with a copy of this appraisal, and to sign the necessary schedule for your use in claiming a charitable deduction for federal income tax purposes, for the difference between the sale price and the appraised price. 5. The City Attorney along with the City's Bond Counsel will prepare all documents and legal instruments to insure this transaction is structured for tax exempt purposes. The City agrees to pay these legal fees. Our City Attorney is Knox W. Askins, and our Bond Counsel is Paul Martin with McGinnis, Lochridge & Kilgore, of San Antonio, Texas. 6. You will at your expense have your attorney, Phil Pfeiffer of Fulbright and Jaworski, review all legal documents. 7. The City's attorney will prepare. an opinion letter for the City on the property acquisition, or, at the City's option, will secure an owner's title policy, at the City's expense. 8. The option agreement will be executed, and the City of La Porte will pay the $100,000.00 option fee to you, within thirty (30) days of July 11, 1994. 9. You will retain possession of the property, and be entitled to all income, and be responsible for all expenses on the property, until the date of final closing. If the above nine points clearly and accurately reflect our agreement reached on July 5, 1994, I would appreciate your signing and returning to me, the extra copy of this letter, retaining the original copy as your copy of the agreement between you and the City of La Porte. Mr. Harold P. Pfeiffer July 11, 1994 Page 3 I wish to thank you for your cooperation in helping the City fulfill one of the goals called for within the City's Comprehensive Plan and its Bay Front Master Plan. It has been a pleasure working with you. Sincerely, CITY OF LA PORTE By : Qom- -C . ~~~ Robert T. Herrera City Manager ACCEPTED AND AGREED: Harold P. Pfeiff RTH:sw cc: Hon. Knox Jeff Paul Phil Mayor & City Council W. Askins, City Attorney Litchfield, Director of Finance Martin, Bond Counsel Pfeiffer, Fulbright & Jaworski OPTION AGREEMENT STATE OF TEXAS { { COUNTY OF HARRIS { This Agreement, made and entered into by and between HAROLD P. PFEIFFER, of Harris County, Texas, hereinafter called GRANTOR, and CITY OF LA PORTE, a municipal corporation, of Harris County, Texas, hereinafter called GRANTEE, W I T N E S S E T H: I. For and in consideration of the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) in cash to me in hand paid by CITY OF LA PORTE, a municipal corporation, GRANTEE, of Harris County, Texas, receipt of which is hereby acknowledged; I, HAROLD P. PFEIFFER, GRANTOR, being the owner of the hereinafter described real property, do hereby give and grant to the said GRANTEE, its successors and assigns, an irrevocable option, effective until 12:00 o'clock Noon on January 31, 1995, to purchase the hereinafter described property, to-wit: Tract One: Lots 1-5, both inclusive, in Sailor's Cove Subdivision, a 2.209 acre tract, being a resubdivision of part of Lot 18, W.B. Lowrance Subdivision, recorded in Volume 83, Page-596, Harris County Deed Records - Beazley Homestead Tract, according to the map or plat of said Sailor's Cove Subdivision recorded April 6, 1994, under Harris County Clerk's file No. P779441. Tract Two: Lots 7 & 8, Bayshore Block, Bayshore Park Subdivision, according to the map or plat thereof recorded in Volume 10, Page 22, of the Map Records of Harris County, Texas. II. GRANTEE shall have the right, during the time set out in this Option Agreement, to purchase the hereinabove described property for the total sum of Six Hundred Seventy-five Thousand Dollars ($675,000.00), of which the Option Money paid hereunder shall be a part. III. It is represented by the GRANTOR that the subject properties are free and clear of all restrictions, reservations, easements and encroachments, except as shown on the plat of said subdivision. IV. This right, privilege and option to so purchase, according to the terms and provisions of this Agreement, shall terminate at 12:00 o'clock Noon on January 31, 1995. In the event GRANTEE exercises this option within the time allowed, by certified mail to GRANTOR, addressed to Mr. HAROLD P. PFEIFFER, 619 Brownell, La Porte, Texas 77571, setting out that the option is exercised, then, in that event, this purchase shall be concluded prior to January 31, 1995, as set out herein. V. Upon closing of this transaction, GRANTOR agrees to furnish GRANTEE, at GRANTEE's option and at GRANTEE'S sole expense, at the time of execution of GRANTOR'S Deed, an Owner's Title Policy issued by Sovereign Title Company, Deer Park, Texas, covering such properties for the amount of the purchase price. IV. All taxes for the calendar year 1994 and prior years shall be paid by GRANTOR. All taxes for the current year of closing shall be prorated as of the. date of closing. Possession of the property shall be delivered to GRANTEE at the date of closing of the sale. GRANTOR shall execute and deliver to GRANTEE a General Warranty Deed, which deed shall contain covenants of general warranty, conveying good and indefeasible title without exceptions of any nature. GRANTEE shall pay for all usual and customary title company expenses and other expenses in connection with the closing of this transaction. VII. At closing, GRANTEE shall deliver to GRANTOR the following: 1) GRANTEE'S ~omissory note in the sum $575,000.00, dated the date of closing, bearing interest at the rate of 4.5% per annum; payable in accordance with the amortization schedule attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. GRANTEE reserves the right to prepay any amount of principal or interest on the promissory note, at any time, without prepayment penalty; 2) certified copy of the City of La Porte ordinance authorizing the issuance of said promissory note, in form attached hereto as Exhibit "B", incorporated by reference herein, and made a part hereof for all purposes; 3) opinion letter from McGinnis, Lochridge & Kilgore, Bond Counsel of San Antonio, Texas, in form attached hereto as Exhibit "C", incorporated by reference herein, and made a part hereof for all purposes. VIII. In the event GRANTEE does not exercise the right, privilege and option herein granted to it, on or before 12:00 Noon, January 31, 1995, then all rights and privileges granted to it hereunder shall automatically terminate and shall be of no force and effect and the option money paid under this option agreement to GRANTOR shall be forfeited to GRANTOR, and the GRANTEE shall have no further right to such sum, and in such event both Parties hereto shall be released from any and all further obligations hereunder. IX. In the event this Option is exercised and the GRANTOR is unable to furnish to GRANTEE the owner's title policy provided for in Paragraph V hereof, then in that event the option money, receipted for herein, shall be returned to GRANTEE, and both parties shall be released herefrom; except, that GRANTOR shall use his best efforts to furnish such title policy, and GRANTEE may waive any objection, if any, to the title, and close the transaction. In the event tale is good and the title icy mentioned herein may be furnished, and GRANTEE refuse's to consummate the purchase of the subject property under the terms and conditions herein set out, then in that event GRANTOR shall have the right of specific performance. In the event title is good and the title policy mentioned herein may be furnished, or in the event GRANTEE waives any objection, and GRANTOR refuses to convey the subject property under the terms and conditions herein set out, then in that event GRANTEE shall have the right of specific performance. X. Each party certifies to the other party hereto, that there is no real estate broker or agent involved in this transaction. XI. This contract embraces the full agreement between the Parties hereto and no statement, remark, agreement or understanding, oral or written, not contained herein, will be recognized or enforced. ~-K. ~~ ,~~" EXECUTED IN SEVERAL DUPLICATE ORIGINALS, this the 2-~th day of ~~ ~(~ 1 ~ ~ fT"lS M~'~'. I VVV 3rr~y, 1994. GRANTOR: HAROLD P. PFEIFF R GRANTEE:. CITY OF LA PORTE By: ~ l ~ ROBERT T. HERRERA City Manager STATE OF TEXAS COUNTY OF HARRIS { BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared HAROLD P. PFEIFFER, known to me to be the person whose names is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~~ day of 19 9 4 . ~~ ~ ~ Q~~ Notary Public, State of Texas ~`~~v'~`'4:• SANCHA WENSE ~. ~ .~ • . Nata~r ~ ~ d Texas ~'•. ~ .d ~o''• • luty Commission Expires ~r2497 STATE OF TEXAS { { COUNTY OF HARRIS { BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared ROBERT T. HERRERA, City.Manager of the CITY OF LA PORTE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, thi he ay of 1994. Notary P 11c, Stat of Texas ..;~rp'~.: CaAO~ atttT~ f. ~~+. Nor~r Luc • ~71R1 G Vr 1 GIN\7 .~~'-o,~••COtrSA11SSI0N EXPiAES 08~11.97g 0000000000000000000000000000000000 PROMISSORY NOTE La Porte, Harris County, Texas $575,000.00 January 10, 1995 For value received, the CITY OF LA PORTE, TEXAS, a municipal corporation and home rule city under the Constitution and laws of the State of Texas (hereinafter "Maker"), promises to pay to the order of HAROLD P. PFEIFFER (hereinafter "Payee"), Harris County, Texas, the sum of FIVE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($575,000.00), in legal and lawful money of the United States of America, with interest thereon from date hereof until maturity in the amounts and at the times as set out below; matured unpaid principal and interest shall bear interest at the maximum rate permitted by law from date of maturity until paid. This note is due and payable as follows, to-wit: Payment Payment Interest Date Amount Amount Reduction in Outstanding Principal Balance $575,000.00 08/10/95 $111,480.07 $25,875.00 08/10/96 111,480.07 22,022.77 08/10/97 111,480.07 17,977.19 08/10/98 111,480.07 13,790.46 08/10/99 111,480.07 9,394.43 08/10/00 111,480.07 4,800.58 $85,605.07 489,394.93 89,457.30 399,937.63 93,482.88 306,454.75 97,689.61 208,765.14 102,085.64 106,679.50 106,679.50 0.00 Maker agrees that during the full term hereof the maximum lawful rate of interest for this note determined under Texas law shall be the lesser of the rate calculated as described in Article 717k-2, Vernon's Texas Civil Statutes, as amended,. or the Indicated Rate (weekly) ceiling as Specified in Article 5069-1.04, Vernon's Texas Civil Statues, as amended. Further, to the extent that any other lawful rate exceeds the rate so determined then the higher ceiling rate shall apply. It is the intention of Maker and. Payee to conform strictly to the usury laws now in force in the State of Texas, except as superseded by applicable Federal law. Accordingly, notwithstanding anything to the contrary in this note or any other agreement entered into in connection herewith, it is agreed as follows: (i) in the event that the maturity of this note is accelerated by an election of Payee resulting from an event of default under this note or any agreement entered into in connection herewith; then earned interest may never include more than the maximum amount permitted by law, and any unearned interest included in the face of this note or otherwise shall be cancelled automatically and, if theretofore paid, shall be either refunded to Maker or credited on the principal amount of this note; and (ii) the aggregate of all interest and any other charges constituting interest under the laws of the State of Texas and contracted for, chargeable or receivable under this note or otherwise in connection with this loan transaction shall under no circumstances exceed the maximum amount of interest permitted by law, and any excess shall be deemed a mistake and cancelled automatically and, if theretofore paid, shall be either refunded to Maker or credited on the principal amount of this note. It is expressly provided that upon default in the punctual payment of this note or any part thereof, principal or interest, as the same shall become due and payable, the entire indebtedness secured by the hereinafter mentioned lien shall be matured, at the option of the holder; and in the event default is made in the prompt payment of this note when due or declared due, and the same is placed in the hands of an attorney for collection, or suit is brought on same, or the same is collected through .Probate, Bankruptcy or other judicial proceedings, then the makers agree and promise to pay ten percent (10%) additional on the amount of principal and interest then owing, as attorney's fees. Each maker, surety and endorser of this note expressly waives all notices, demands for payment, presentations for payment, notice of intention to accelerate to maturity, protest and notice of protest, as to this note and as to each, every and all installments thereof . This note is issued pursuant to Ordinance No. 95-O1 whereunder the Maker authorized the levy of a continuing, direct, annual ad valorem tax on taxable property within the City of La Porte, within the limits prescribed by law, for each year while any part of the note is considered outstanding, in sufficient amount to pay interest on the note as it becomes due, to provide a sinking fund for the payment of the principal of the note when due, and to pay the expenses of assessing and collecting such .tax. The ad valorem taxes sufficient to provide for the payment of the interest on and principal of the note, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment, within the limit prescribed by law. IT IS HEREBY CERTIFIED AND RECITED that the issuance of this note is duly authorized by law and that all acts, conditions, and things required to be done precedent to and in connection with the issuance of this note have been properly done and performed and have happened in regular and due time, form, and manner as required by the laws of the State of Texas. 2 IN WITNESS WHEREOF, the City Council has caused this note to be executed in its name by the manual signature of the Mayor of the City, and the City Secretary of the City of La Porte has attested to the execution thereof on behalf of the City of La Porte, and has affixed the City's seal thereto. CITY OF LA PORTE ATTEST: Sue Lenes City Secretary By: Norman L. Malone Mayor 3 ORDINANCE NO. 95- AN ORDINANCE FINDING THE NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES; AUTHORIZING THE E%ERCISE OF OPTION AGREEMENT DATED JULY 25, 1994, AND THE PURCHABE OF SAID REAL PROPERTY; AUTHORIZING THE ISSUANCE OF THE CITY OF LA FORTE'S $575,000.00 PROMISSORY NOTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTES SECTION 1. The,. City Council of the City of La Porte (the "city") has heretofore, by its ordinance No. 94- , passed and approved August 8, 1994, authorised the City Manager of~the City of La Porte to enter into an option agreement with Harold P. Pfeiffer, for the purchase of the real property in the City of La Porte, Tesas, more particularly described in said option agreement, tt~ be titili$ed by the city of La PClttb for publid purposes (the 'Property"). SECTION 2. mhe City Council the purchase option contained 1994, and the _purchase conditions therein stated. hereby authorizes the exorcise of in said option agreement dated of the Property on the terms and SECTION 3. The City Council, as a portion of the consideration to be paid for the purchase of the Property, and in accordance in Article 717w, Vernon's Te~kgs Civil Statutes, he=eby authorizes the execution and delivery of the City's promissory tote (the "Note") in form attached hereto gs Exhibit "A", incorporated by reference herein, and made a pert ligreof for all purpose9. The Mayor of -the City is authorized to execute the Note on behalf of the City, and the City Secretary of the City is authorized to attest the execution thereof on behalf of the City, and to affix the City's seal thereto. SECTION 4. The City Council, during each year while any of the principal of or interest on the Note is outstanding and unpaid, shall compute and ascertain g rate and amount of ad valorem tax which will be sufficient to raise and produce the money required t0 pay the interest on the Note as Such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal on the Note as such principal matures (but never less than 2$ of the original principal amount of the Note as ® sinking fund each year); and the tax shall be .based on the latest approved tax rolls of .the City, with full .allowance being made for tax delinquencies and the cost of tax collection. The rata and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the City, for each year while the Note is outstanding and unpaid; and such tgx shall. be assessed and collected each year and deposited, as collected, to the credit of an interest and sinking fund. The ad valorem taxes sufficient to provide for the payment of the interest on and principal of the EXHIBIT B Note, as such intet comes due and such principal matures, are hereby pledged it cably for such payment~,,,ithin the limit prescribed by law. SECTION 5. The City Council covenants to take any action or refrain fx'om any action which would adversely affect the treatment of the Note as an obligation described iri section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the City Council covenants as follows: (a) to take any action to assure that in the event that the "private business use" of the property (within the meaning of section 141(b) of the Code) exceeds 5$ of the original principal amount of the Note, then the amount in excess of 5~ is used for a "private business use" which is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (b) to refrain from taking any action which would otherwise result in the Note being treated as a "private activity bond" within the meaning of section 141(b) of the Code; and (c) to refrain from taking any action that would result in the Note being "federally guaranteed" within the meaning of section 149(b) of the Code. It is the understanding of the City that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In furtherance of such intention, the City hereby authorizes and directs the Mayor of the City to execute any documents, certificates, or reports required by the Code and to make such elections, on behalf of the City, which may be permitted by the Code as are consistent with the purpose for the issuance of the Note. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Note, the City will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Note under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable, to the Note, the City agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally-recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Note under section 103 of the Code. SECTION 6. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Tex. Gov't Code Ann.; and that this meeting has been open to the public as required by Iaw at all times during which this ordinance and the subject matter thereof has been discussed, considered,rovesfoandlconfirms upon. The City Council further ratifies, app such written notice and the contents and posting thereof. SECTION 7. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9th day of January, 1995. CITY OF LA PORTE BY~ Norman L. Malone, Mayor ATTEST: Sue Lenes, City Secretary APPROVED: Knox W. Askins, City Attorney Opinion Letter From Akin, Bump, Strausss, Hauer & Feld, L.L.P (To be furnished later'.) EXHIBIT "C" Form W9 (Rev. 12-88) Page 2 information reporting. Only payees described in items (2) through (6) are exempt from backup withholding for barter exchange transactions, patronage dividends, and payments by certain fishing boat operators. (1) A corporation. (2) An organization exempt from tax under section 501(a), or an individual retirement plan (IRA), or a custodial account under 403(b)(7). (3) The United States or any of its agencies or instrumentalities. (4) A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities. (5) A foreign government or any of its political subdivisions, agencies or instrumentalities. (6) An international organization or any of its agencies or instrumentalities. (7) A foreign central bank of issue. (8) A dealer in securities or commodities required to register in the U.S. or a possession of the U.S. (9) A futures commission merchant registered with the Commodity Futures Trading Commission. (10) A real estate investment trust. (11) An entity registered at all times during the tax year under the Investment Company Act of 1940. (12) A common trust fund operated by a bank under section 584(a). (13) A financial institution. (14) A middleman known in the investment community as a nominee or listed in the most recent publication of the American Society of Corporate Secretaries, Inc., Nominee List. (15) A trust exempt from tax under section 664 or described in section 4947. Payments of dlvldends and patronage dlvldends generally not subject to backup withholding also include the following: • Payments to nonresident aliens subject to withholding under section 1441. • Payments to partnerships not engaged in a trade or business in the U.S. and that have at least one nonresident partner. • Payments of patronage dividends not paid in money. ' • Payments made by certain foreign organizations. Payments of Interest generally not subject to backup withholding include the fallowing: • Payments of interest on obligations issued by individuals. Note: You may be subject to backup withholding if this interest is x600 or more and is paid in the course of the payer's trade or business and you have not provided your correct TIN fo the payer. • Payments oftax-exempt interest (including exempt•interestctividends under section 852). • Payments described in section 6049(b)(5) to nonresident aliens. • Payments ontax-free covenant bonds under section 1451. • Payments made by certain foreign organizations. • Mortgage interest paid by you. Payments that are not subject to information reporting are also not subject to backup withholding. For details, see sections 6041, 6041A(a), 6042, 6044, 6045, 6049, 6050A, and 6050N, and the regulations under such sections. Penalties Failure To Furnish TIN.-If you tail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. allure To Include Certain Items on Your Tax Return.-If you fail to properly include on your tax return certain items reported to IRS, such failure will be treated as being due to negligence, and you will be subject to a penalty of 5% on any part of an underpayment of tax attributable to that failure unless there is clear and convincing Clvll Penalty for False Informatlon With Respect to Withholding.-If you make a false statement with no reasonable basis that results in no imposition of backup withholding, you are subject to a penalty of $500. Criminal Penalty for Falsifying Informatlon.-Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Specific Instructions Name.-If you are an individual, generally provide the name shown on your social security card. However, if you have changed your last name, for instance, due to marriage, without informing the Social Security Administration of the name change, please enter your first name and both the last name shown on your social security card and your new last name. Signing the Certlftcation.- (1) Interest, Dlvldend, and Barter Exchange Accounts Opened Before 1984 and Broker Accounts That Were Consldersd Active During 1983.-You are not required to sign the certification; however, you may do so. You are required to provide your correct TIN. (2) Interest, Dlvldend, Broker and Barter Exchange Accounts Opened After 1983 and Broker Accounts That Were Consldersd Inactive During 1983.-You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item (2) in the certification before signing the form. (3) Real Estate Transactions.-You must sign the certification. You may cross out item (2) of the certification if you wish. (4) Other Payments.-You are required to furnish your correct TIN, but you are not required to sign the certification unless you have been notified of an incorrect TIN. Other payments include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services, payments to a nonempioyee for services (including attorney and accounting fees), and payments to certain fishing boat crew members. (5) Mortgage Interest Pald by You, Acqulsftlon or Abandonment of Secured Property, or IRA Contributions.-You are required to furnish your correct TIN, but you are not required to sign the certification. (6) Exempt Payees and Payments.-If you are exempt from backup withholding, you should complete this form to avoid possible erroneous backup withholding. Enter your correct TIN in Part I, writi; 'EXEMPT" in the block in Part II, sign and date the form. If you are a nonresident alien or foreign entity not subject to backup withholding, give the requester a completed Form W-8, Certificate of Foreign Status. (7) TIN "Applied For."-Follow the instructions under How To Obtain a TIN, on page 1, sign and date this form. Signature.-For a joint account, only the person whose TIN is shown in Part 1 should sign the form. Privacy Ad Notice.-Section 6109 requires you to furnish your correct taxpayer identification number (TIN) to persons who must file information returns with IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, or contributions you made to an individual retirement arrangement (IRA). IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 20% of taxable interest, dividend, and certain other payments to a payee who does not furnish a TIN to a payer. Certain penalties may also apply. What Name and Number To Glve the Requester For this type of Glve the name and account: SOCIAL SECURITY number of: 1. Individual The individual 2. Two or more The actual owner of individuals (joint the account or, if account) combined funds, the first individual on the accounts 3. Custodian The minor2 account of a minor (Uniform Gift to Minors Act) 4. a. The usual The grantor-trustees revocable savings trust (grantor is also trustee) b. So-called trust The actual owners account that is not a legal or valid trust understate law 5. Sole proprietorship The owner3 Give the name and For this type of EMPLOYER account: 1 DENTIFICATION number of: 6. A valid trust, Legal entity (Do not estate, or furnish the iden- pensiontrust tification number of the personal representative or trustee unless the legal entity itself is not designated in the account titter 7. Corporate The corporation 8. Association, club, The organization religious, charitable, educational, or other tax-exempt organization 9. Partnership The partnership 10. A broker or The broker or registered nominee nominee l 1. Account with the The public entity Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural pro- gram payments s List first and circle the name of the person whose number you furnish. ~ Circle the minor's name and furnish the minor's social security number. ~ Show the name of the owner. • List first and circle the name of the legal trust, estate, or pension trust. Note: If no name is circled when there is more than one name, the number will be considered to be that of the first name listed. e U.S. Government Pcintin~{ Of Eiee 19e9-2~2-b77/BOI:• evidence to the contrary. • • • • ~7 (% s REQIIEST FOR CITY COIINCIL AGENDA ITEM Agenda Date Requested: August 8,1994 Requested By: J. L. Sease ~"!~ Department: Fire X Report Resolution Ordinance Exhibits: 1. Letter from Hale Products referencing Four Alarm Fire Equipment being exclusive distributor for Hurst Emergency Products. BIIMMARY & RECOMMENDATION Funds are allocated in the amount of $7000.00 in the current budget to purchase Hydraulic Rescue equipment. All of the current hydraulic rescue equipment that we have such as Pumps, Hoses, Jaws, Cutters, and accessories are manufactured by Hurst Emergency Products. It is extremely important that additional equipment be totally compatible with our existing equipment in the areas of operating pressures, hydraulic fluid, and flow requirements. In order to ensure this I am requesting that Council approve the purchase of the below listed equipment from Four Alarm Fire Equipment in the amount of $6489.75 One each Model JL-30B Extension Ram $1687.50 Model JL-60B Extension Ram $1813.50 Attachment Set $ 598.50 Multi-Tool Manifold Block with Dump Valve $ 562.50 Mini-Cutter Portable Cutter $ 976.50 Forcible Entry Device $ 851.25 Action Required by Council: Declare single source availability and approve purchase in the amount of $6489.75. Availability of Funds: X General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001-500-501-821 Funds Available: X Yes No Approved for City Council Agenda Robert T. Herrera Date City Manager ~ ~ iaR, -U8' 94fTUE~ 1416 HALE PRUDUCTS I~'C TEL~215 825 6444 P. OQI HALE PRODUCTS tNC. rrJStedby Emergency Sen~c•s waaw,ae ~ HQ~I'S`t l~%Vds)On March 8, 1994 To whom it may concern, This letter will confirm that FOUR ALARI4111 FIRE EQUIPMENT, PO~Box 112, 1215 Mississippi, South Houston TX 77587 is the exclusive Distributor and Service Center for Hurst Emergency products In the State of Texts (covering 70 counties, see below). FORJR At,ARM FIRE EQUIPMENT is factory trained and authorized for repair Service and operator training on all Hurst Jaws of Liie products, They have many years ofi experience and provide the continued follow-up and support life saving equipment demands. If you have further questions or require more information, please call (215)825- 6340 Ext. 221. Counties that Four Alarm Fire Equipment covers; Grayson, FAnnin, Lamar, RedRiver, Bowie, Delta, Collin, Leon, Franklin, Polk, Caro; Madison, Rains, Walk®r, Camp, Burleson, Kaufman, Liberty, Gregg, Wailer, Rusk, Jefferson, Cherokee, Fort Bend, Anderson, Nacogdoches, Freestone, San Augustine, Houston, Angelina, Sak~ine, Hopkins, Newton, Morris, Robertson, Rockwall, Grimes, Upshur, Brazos, Harrison, Hardin, Smith, Washington, Henderson, Harris, Navarro, Colcrado, Lavaca, Wharton, Gaalveston, Brazoria, Jackson, fvtatagorda, Flunt, Trinity, Tetus, Jasper, Dallas, Tyler, Wood, San Jacinto, Marion, Montgomery, Van ZAndt, Orange, E11is, Austin, Panola, Chambers, Shelby. ~~,. Sincere) , ~ ~' ~~~ ~' /,,.f~ ~,, J~, Robert J. Lin' e ' Vice Presi ent, Sales Hurst Emergency Products cc; Four Alarm Fire EquipmentlSteve Barnett i ~ Satss 7oa Spring Mfli Avenue • Conshohocken, PA 19428 LII rD~1 LYI ~4CL/~V vM1!/tie Tr'1 rn. n1 A/1 /~ w nn T11 f~i. r. n. AAA r..• r •'0'd £b0T Tb6 £TL 'dIn~3 ~aI~ W'tltJlti anon rOS:E NOW~b6-TZ-~ltiW v REOIIEST FOR CITY COIINCIL AGENDA ITEM Agenda Date Requested: August 8, 1994 Requested By: J. L. Sease %~ Department: Fire r X Report Resolution Ordinance Exhibits: 1. Memo-Purchasing 2. Bid Tabulation Sheet 3. Low Bid Proposal Cover Sheet BUbII~SARY & RECOMMENDATION Sealed bids #0603 for a Triple Combination Pumper were opened on August 1, 1994. Bid requests were sent to five bidders with two returning bids. The low bidder meeting specifications was Casco Industries, Inc. bidding a unit built by KME Fire Apparatus in the amount of $192,111.00 with a delivery time of 180-220 days. The last two units purchased have been from this vendor and have been trouble free units to this time. As you will recall, there is a notation in this years budget manual, that this replacement pumper was to be bid, and ordered, during the fiscal year 1993-94, at an estimated cost of $190,000.00. Considering that there is a six month to nine month delivery time, funds in the amount of $192,111.00 will be allocated in the 1994-95 vehicle replacement budget to pay for this unit, upon delivery, sometime in the winter or spring of 1995. Action Required by Council: Award the bid to recommended Vendor in the amount of $192,111.00 Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing X Other Account Number: 009-500-501-863 Funds Available: X Yes No Approved for City Council Agenda Qi~~ T~ ~~ B - ~c ~ a ~ Robert T. Herrera Date City Manager .. ..`'~~.}r. • , d ~Y t.~ CITY OF LA PORTE r;;~, SUMMARY OF VEHICLE REPLACEMENTS , FISCAL YEAR 1993-94 - ~• - ~~ s . , : r~ ACCOUNT NUMBER AMOUNT UNIT DESCRIPTION - ' ' ~ ~ ,F• 009-500-517-854 .74,975 17-05 AMBULANCE. ._~. 009-502-503-868 15,225 53-32 POLICE PATROL UNIT. ~ i 009-502-503-869 15,225 53-36 POLICE PATROL UNIT ' 009-502-503-870 15,225 53-39 POLICE PATROL-:UNIT ; .'~ 009-502-503-871 15,225 53-41 POLICE PATROL'UNIT 009-502-506-854 14,000 56-01 MEDIUM 4 DOOR SEDAN 009-502-506-855 14,000 56-13 MEDIUM 4 DOOR .SEDAN 009-502-506-856 - 14,000 56-02 MEDIUM 4 DOOR SEDAN ,~ 009-502-508-854 20,500 58-04 3/4 TON TRUCK •' .. - 009-700-701-880 10,000 71-01 1/2 TON TRUCK -~.. . 009-700-701-881 14,450 71-06 TRACTOR 009-700-701-882 10,000 71-14 1/2 TON TRUCK 009-700-701-883 185,000 71-31 PULVERIZER MIXER 009-700-701-884 120,000 71-47 GRADALL ~ , 009-700-702-858 ~ 77,052 72-06 REAR LOADER GARBAGE TRUCK' 009-700-702-859 10,000 72-07 1/2 TON TRUCK ~ , 009-700-702-860 64,665 72-14 2.1/2 TON TRUCK WITH PICKER 009-700-704-858 10,000 74-OS 3/4 TON PICKUP . 009-800-800-862 8,500 80-OS TRACTOR 009-800-800-863 12,500 80-12 3/4 TON TRUCK 009-800-800-864 14,450_ 80-52 TRACTOR 009-800-801-852 10,000 81-01 1/2 TON PICKUP 009-800-801-853 10,000 81-03 4 DOOR-SEDAN 009-800-811-866 2,500 11-10 TRAILER '~ 009-800-811-867 1,200 11-16 GREEN DRESSER MOWER 009-800-811-868 5,500 11-19 SPRAYER 009-800-811-869 3,700 11-26 100 GALLON SPRAYER 009-800-811-870 3,000 11-27 BLOWER • 009-800-811-871 9,500 11-32 JAC 72 TFC ~ ... 009-800-811-872 2,100 11-36 BLOWER 009-800-811-873 13,000_ 11-39 MOWER 009-800-811-874 28,000 11-40 FIVE-GANG MOWER TOTAL 823,492 NOTE: IN FISCAL YEAR 1993-94, THE CITY WILL PLACE AN ORDER FOR A FIRE TRUCK PUMPER UNIT TO REPLACE UNIT 51-03, THE UNIT WILL NOT BE RECEIVED OR PAID FOR UNTIL FISCAL YEAR 1994-95. THE ESTIMATED COST IS $190,000, 6 _g CITY OF LA PORTE INTEROFFICE MEMORANDUM AUGUST 1,1994 TO: JOE SEASE, FIRE CHIEF s FROM: SUSAN KELLY, PURCHASING AGENT SUBJECT: SEALED BID #0603 - TRIPLE COMBINATION PUMPER Advertised, sealed bids #0603 for a Triple Combination Pumper were opened and read on August 1, 1994. Bid requests were mailed to five (5) vendors with two (2) returning bids. Casco Industries, Inc. submitted low bid meeting specifications in the amount of $192,111.00 with a delivery time of 180-220 days. 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 this bid before council, please notify me. Attachment: Bid List with Tabulation BID TABULATION - TRIPLE COMBINATION PUMPER SEALED BID #0603 AUGUST 1, 1994 BIDDER BID DELIVERY TIME CASCO INDUSTRIES, INC. $192,111.00 180-220 DAYS GENERAL SAFETY EQUIPMENT $230,845.00 330-360 DAYS SUTPHEN CORP. NO BID MARTIN APPARATUS & EQUIPMENT NO BID QUALITY MANUFACTURING NO BID ~_ ~•. BID PROPOSAL TO CITY OF LA PORTL, TEXAS T0: HONORABLE MAYOR AND COUNCIL CITY OF LA PORTE P.O. BOX 1115 ' LA PORTE, TEXAS 77572x1115 FROM: COMPANY Casco Industries, Inc./ ADDRESS 1014 Ann Street CITY Pasadena . STATE Tr~xac COUNTY Harris PHONE (713) 473-3473 ITEM DESCRIPTION 1. TRIPLE COMBINATION CUSTOM PUMPER APPARATUS QTY. PRICE 1 X192,111.00 IT IS UNDERSTOOD AND AGREED THAT THE ABOVE DESCRIBED ITEM, MATERIAL AND/OR EQUIPMENT SHALL CARRY THE .STANDARD .WARRANTY OF THE MANUFACTURER AND BE DELIVERED IN ACCORDANCE WITH THE ATTACHED SPECIFICATIONS IN180-220 DAYS ARO. THE UNDERSIGNED CERTIFIES THAT. THE BID PRICE CONTAINED IN THE FOREGOING PROPOSAL HAS BEEN CAREFULLY CHECKED AND IS SUBMITTED IN DUPLICATE AS CORRECT AND FINAL THIS 1 DAY OF AIIGUST ~ 1g 94 Casco Industries, Inc. _- .. COMPANY OFFIC = - •- --. - - ,. ..-.- ~~ .. , \\ REQUEST FOR CITY COUNCI~ENDA ITEM Agenda Date Requested: August 8. 1994 Requested By: Charles Harrington ~~ Department: Plannino X Report Resolution Ordinance Exhibits: 1. Bid Tabulation 2. Bidder's List SUMMARY & RECOMMENDATION The City, as part of the Utility Mapping Program, has budgeted $20,000.00 to obtain new 1" = 100' aerial photography of the City and its extra territorial jurisdiction. This project had been deferred and funds carried over until such time the City's mapping operations could be fully automated. We are currently in a position to proceed at this time. The photography is to be an important tool in the City's effort to compile utility maps and to update the current maps being utilized, which were produced in 1980. Staff received bids on July 25, 1994 (see attached bid tabulation). Bid requests were mailed to seven (7) vendors with three (3) responding. Of the three bids received, Aerial Viewpoint was the low bidder in the amount of $16,700.00. Staff recommends award of the bid for aerial photography to Aerial Viewpoint in the amount of 516,700.00 Action Required by Council: Award bid for aerial photography to Aerial Viewpoint. Availability of Funds: _ General Fund _ Water/Wastewater X Capital Improvement _ General Revenue Sharing Other Account Number: 015-551-500-100 Funds Available: X YES NO Approved for City Council Agenda ,-. 1. ~_ Ro ert~ errera City Manager BI~J TABULATION =AERIAL hgAP°!NG DESCRIPTION ~ AERIAL ~ VIEWPOINT WILLIAM- STACIEHOUSE INTERNATIONAL AERIAL MAPPING 1) AERIAL. MAPPING i $10;000:00 ~ $9;800:00 $13;830:00 ~ 2) OPTION $6,700.00 ~ ~ $10,000.00 $13,025.00 ~ TOTAL W/OPTION I X16,700.00 ~ $19,800.00 $26.855.00 Base Bid - Corporate City Limits (103 sheets) Option - Extra Territorial Jurisdiction (97 sheets) BIDDER'S LIST SEALED BID #0594 m AERIAL MAPPING ADAMS AERIAL SURVEYS P.O. BOX 476 SOUTH HOUSTON, TX 77587 AERIAL VIEWPOINT, INC. 7884 EAGLE LANE SPRING, TX 77379 INTERA INFORMATION TECH 10200 RICHMOND, SUITE 100 HOUSTON, TX 77042 LANDISCOR 515 POST OAK BLVD., SUITE 101 HOUSTON, TX 77027 WILLIAMS-STACKHOUSE, INC. 2118 MANNIX SAN ANTONIO, TX 78217 INTERNATIONAL AERIAL MAPPING 8727 INTERNATIONAL DRIVE SAN ANTONIO, TX 78216 WESTERN AIR MAPS P.O. BOX 14988 LENEXA, KS 66285 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 BAYSHORE SUN PUBLISH DATES: JULY 10, 1994 JULY 17, 1994 RE ST FOR CITY COUNCIL AGEND TEM Agenda Date Requested: August 8, 1994 Requested By: Steve Gillett Department: Public Works XXX Report Resolution Exhibits: Bid Recap Sealed Bids #0601 - Street Materials Ordinance SUMMARY & RECOMMENDATION Sealed bid #0601 for the annual supply of street materials were opened and read on July 18, 1994. Bid requests were mailed to six (6) vendors with five (5) returning bids. Low bid meeting specifications were as follows. Item Vendor Estimated Cost $ Increase la - Gulf States Asphalt $13,700 24$ lb - Gulf States Asphalt 2a - Gulf States Asphalt $ 6,250 1~ 2b - No bids received 2c - Gulf States Asphalt 2d - No bids received 3 - Crafco $11,600 0~ Items 2b and 2d were no-bid. The existing supplier failed to submit a bid. This item will be rebid, with additional vendors sought at that time. Item 3 was a tie bid between two (2) vendors. It is recommended that the existing supplier, Crafco, be awarded the bid. Staff recommends award of the bid for the annual supply of street materials to the low bidder meeting specifications as follows: Gulf States Asphalt - Item # 1 and Item #2A & 2C Crafco Texas - Item # 3 Adequate funds for the total estimated contract price of $31,550.00 is available in the Street Division's Annual Operating Budget. Action Required by Council: Award bid for the annual contract for supply of street materials to low bidders_meeting specifications as recommended by Staff . Availability of Funds: XXX General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: 001-700-701-415 Funds Available: XX YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager CITY OF LA FORTS INTER°OFFICE MEMORANDUM JUL~C 18, 1994 TO: STE~TE GILLETT, PUBLIC WORKS DIRECTOR FROM: SUSAN KELLEY, PURCHASING AGENT SUBJECT: SEALED BID ##0601 = STREET MATERIALS Advertised, sealed bids #0601 _ street materials were opened and read on July 18, 1994. Bid requests were mailed to six (6) vendors with five (5) returning bids. Crafco and Old Katy Warehouse bid $.29/lb on Item #3. Old Katy Warehouse is in Houston and quoted 1 to 2 day delivery, and Crafco is in San Antonio and quoted 10 day delivery. Copies of their Product Data Sheets are attached. Low bids meeting specifications was submitted as follows with increases from last year's costs: GULF STATES ASPHALT - ITEM #1 $13,700.00 m 24$ increase ITEM #2 _ $ 6,250.00 _ less than 1g increase TOTAL ~ X19,950.00 OLD KATY WAREHOUSE o ITEM #3 v X11,600.00 _ same price as CRAFCO m ITEM #3 m $11,600.00 last year Using estimate yearly quantities, the total cost would be $31,550.00. 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 Bidder's List Product Data Sheets SID TABULATION -STREET MATERIALS ... ~. . , ., ~ ' `~t1f=~~"I"pT€~ ~fE~ff:-1 ~L~ KATY ORAFC .. ., i .~.': DE~''GfRIPTI~hI ....r ~ ASPHALT.,f:0 ~ 1~', I ...... L~H©U~E, 1~EXAS SHEPLE~tS.: I ~ GLlT' BACK ASPHALT - P/IJ I ' ~1A. MC-30 (5,000 GAL} $0.87 NO BID NO BID NO BID I NO BID 1B. RC-250 (11,G00 GAL} i $v.85 i NG SiD i NO BiD NG 81D LO oiD TOTAL ITEM #1 i $13,700.00 i NO BID i NO BID I NO BID i NO BID (LIQUID ASPHALT CEMENT I 2A. AC-5 DEL. (10,000 GAL) I I $0.49 I I $0.50 I NO BID ~ I NO BID NO BID I2B. AC-10 DEL. (30,CC0 GAL) ' NG °!D ' ".G B!D ; NG °ID ; ^:G °ID ; "dG BID ~ 2C. AC=5 P/U (3,000 GAL) i $0_45 $0.60 ~ NO BID ~ NO BID ~ NO BID 1 12D. AC-10 PIU (3,000 GAL) I fV0 BID I IVO BID I NO BID NO BID ; NO BID TOTAL ITEM #2 ~ $6,250.00 $6,800.00 NO BID NO BID NO BID JOINT ~ CRACK SEALER ; I I ~ I I 13: DELIVERED {40;000 LBS:) NO BID $0:38 ~ $0.29 $0:29 0:37 I TOTAL ITEM #3 $15,200.00 $11,600.00 $11,600.00 $14,800.00 + I:::' . CRAAID:TC?TAL.. ... ~ _ ,. ~,: .. $79,950.;OQ F ~ $2~EI0~.00 $11,fi0~sOD. ~ , .; $~~I6E10.Q0 ~1;4~800 Oil:: (LOCATION OF PLANT ISO. HOUSTON ~HANNELVIEW HOUSTON SAN ANTONIO ~ORT WORTH I I DALLAS ( I I BIDDER'S LIST SEALED BiD n0601 - STREET MATERIALS GULF STATES ASPHALT P.O. BOX 508 SOUTH HOUSTON, TX 77587 OLD I{ATY WAREHOUSE 8741 TOLLIS HOUSTON, TX 77055 WRIGHT ASPHALT PRODUCTS 704 SHELDON RD. SUITE B CHANNELVIEW, TX 77530-3538 PRIME MATERIALS 1208 SPRING STUBNER SPRING, TX 77373 SHEPLER EQUIPMENT COMPANY 9103 EAST ALMEDA HOUSTON, TX 77054 SEALANT SYSTEMS P.O. BOX 1135 RICHMOND, TX 77469 CRAFCO TEXAS, INC. 105 Tower Drive San Antonio, Tx. 78232 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 BAYSHORE SUN PUBLISH DATES: JULY 3, 1994 JULY 10, 1994 ~ r 9 t CITE OF LA FORTE /Q~ C INTEROFFICE MEMORANDUM ~~ I/F ~~~ August 3, 1994 ~,~; J j, ~ ~ TO: Robert T. Herrera, City Manager c FROM: Louis Rigby, Duector of Administrative Servi SUBJECT: 1994 Surplus Auction The City's annual cooperative auction with the City of Deer Park was held in Deer Park this past Saturday. All items were sold. Proceeds from the auction totalled $80,228, of which the City of La Porte took $55,923 and the City of Deer Park took the remaining $24, 305. After deducting the auctioneer's fee of 10 %, the City of La Porte will deposit $48,982.50 into the motor pool and $1,348.20 into the general fund. I would like to commend the Purchasing Division: Susan Kelley, Gina Ford, and Johnny Ryan for their effort in coordinating the event. I would also like to thank Sue Lenes, Isabel Salinas and his crew from Equipment Services, and those who helped move the auction items to Deer Park, for their cooperation and assistance. xc: John Joerns, Assistant City Manager Department Directors Purchasing Division