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HomeMy WebLinkAbout1994-11-07 Special Called Regular MeetingAGENDA SPECIAL CALLED REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE HELD NOVEMBER 7, 1994, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M. Next Ord. 94-2003 Next Res. 94-10 1. CALL TO ORDER 2. INVOCATION BY COUNCILPERSON MIKE COOPER 3. CONSIDER APPROVING MINUTES OF PUBLIC HEARING AND REGULAR MEETING OCTOBER 24, 1994 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL 5. CONSIDER ORDINANCES AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF INDUSTRIAL DISTRICT AGREEMENTS AS FOLLOW: COMPANY NAME: ORDINANCE NO: WITCO CORPORATION 93-IDA-30 QUANTUM CHEMICAL CORPORATION 93-IDA-34 6. CONSIDER A RESOLUTION AUTHORIZING AND APPROVING "AN OPEN LETTER TO THE CITIZENS OF LA PORTE - FROM THE MAYOR AND CITY COUNCIL: CONCERNING THE SETTLEMENT OF THE SOUTHERN IONICS, INC. AND HOUSTON CHEMICAL SERVICES, INC. LITIGATION AGAINST THE CITY OF LA PORTE (Res. 94-10)- R.T. Herrera 7. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING A STIPULATION FOR ENTRY OF JUDGMENT IN THE CASE OF SOUTHERN IONICS, INC. AND HOUSTON CHEMICAL SERVICES, INC., PLAINTIFFS, VS. THE CITY OF LA PORTE, TEXAS (Ord. 94-2003) - R.T. Herrera 8. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND SCI CONTRACTORS, INC. FOR CONSTRUCTION OF CURBS AND 2" HOT MIX ASPHALT CONCRETE WEARING SURFACE ON SOUTH "M" STREET FROM STATE HIGHWAY 146 NORTHBOUND FRONTAGE ROAD TO SOUTH 8TH STREET (Ord. 94-2004) - C. Harrington 9. CONSIDER APPROVING FUNDS FOR CITY OF LA PORTE PORTION OF THE HUNDRED CLUB OF HOUSTON, INC. DONATION FOR A NEW RADIO DISPATCH AND MODULAR RADIO CONSOLE SYSTEM AND APPROVE ADDITIONAL FUNDS FOR NECESSARY MODIFICATIONS TO DISPATCH AREA - B. Powell 10. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR DISCUSSION A. CONSIDER AWARDING A BID FOR THE ANNUAL SUPPLY OF FLUIDS, OILS, AND LUBRICANTS TO JONES OIL, INC. - B. Jacobs B. CONSIDER AWARDING A BID FOR TWO WHEEL AIR SUPPLY UNIT TO DUNN EQUIPMENT - B. Jacobs C. CONSIDER REJECTING ALL BIDS AND AUTHORIZE PURCHASE OF PLASTIC GARBAGE BAGS THROUGH THE INTERLOCAL AGREEMENT WITH HGAC - B. Jacobs D. CONSIDER DECLARING VULCAN MATERIALS COMPANY THE SOLE SOURCE SUPPLIER FOR AGGREGATE FOR SURFACE TREATMENT AND AUTHORIZE A TWO YEAR CONTRACT - B. Jacobs 11. ADMINISTRATIVE REPORTS: 12. COUNCIL ACTION 13. EXECUTIVE SESSION - PURSUANT TO PROVISIONS OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, GOVT. CODE, VERNON'S TEXAS CODES ANNOTATED. - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELIBERATION_ REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN.AN INVESTIGATION) A. MEET WITH CITY MANAGER AND LEGAL COUNSEL TO DISCUSS LAWSUIT WITH SOUTHERN IONICS/HOUSTON CHEMICAL SERVICES 14. 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 sessions authorized by the Open Meetings Law, Chapter 551, Government Code, Vernon's Texas Codes Annotated, 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 Sections 551.071 through 551.076, and Section 551.084, of said Open Meetings Law, including, but not limited to: Section 551.071 - For the purpose of a private consultation with the Council's attorney on any subject or matter authorized by law. Section 551.072 - For the purpose of deliberating the purchase, exchange, lease or value of real property. Section 551.073 - For the purpose of deliberating a negotiated contract for a prospective gift or donation to the City. Section 551.074 - For the purpose of deliberating 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, unless the officer or employee requests a public hearing. Section 551.075 - For the purpose of conferring with an employee or employees of the City, only for the 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. Section 551.076 To consider the deployment, or specific occasions for implementation, of security personnel or devices. Section 551.084 - For the purpose of excluding a witness from a hearing during the examination of another witness in an investigation. MINUTES OF THE SPECIAL CALLED REGULAR MEETING OF LA PORTE CITY COUNCIL NOVEMBER 7, 1994 1. CALL TO ORDER 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, Police Lieutenants Aaron Corrales and Carl Crisp, Assistant Director of Public Works Buddy Jacobs, Purchasing Agent Susan Kelley, City Engineer Fred Thompson, Secretary to the City Manager Carol Buttler, Director of Administrative Services Louis Rigby Others Present: Attorney Barry Abrams, Bayshore Sun Editor John Black and a few La Porte citizens 2. INVOCATION BY COUNCILPERSON MIKE COOPER The invocation was given by Councilperson Cooper. 3. CONSIDER APPROVING MINUTES OF PUBLIC HEARING AND REGULAR MEETING OCTOBER 24, 1994 Council considered approving minutes of Public Hearing and Regular Meeting October 24, 1994. Motion was made by Councilperson Thrower to approve the minutes of October 24 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. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL There were no citizens wishing to address Council. Minutes Special Called Regular Meeting of La Porte City Council November 7, 1994, Page 2 5. CONSIDER ORDINANCES AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF INDUSTRIAL DISTRICT AGREEMENTS AS FOLLOW: COMPANY NAME: ORDINANCE NO: WITCO CORPORATION 93-IDA-30 QUANTUM CHEMICAL CORPORATION 93-IDA-34 Council considered ordinances authorizing the execution of Industrial District Agreements with Witco Corporation and Quantum Chemical Corporation. City Attorney read: ORDINANCE NO. 93-IDA-30 - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH WITCO CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; AND ORDINANCE NO. 93-IDA-34 - (A LIKE ORDINANCE WITH THE NAME BEING QUANTUM CHEMICAL CORPORATION) Motion was made by Councilperson Thrower to vote on Ordinance 93-IDA-30 and Ordinance 93-IDA-34 at the same time. Second by Councilperson Sutherland. All were in favor. After a short discussion of the Industrial District Agreements, for clarification purposes, a motion to approve was made. Motion was made by Councilperson Sutherland to approve Ordinance 93-IDA-30 and Ordinance 93-IDA-34 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 6. CONSIDER A RESOLUTIONAUTHORIZING AND APPROVING "AN OPEN LETTER TO THE CITIZENS OF LA PORTE - FROM THE MAYOR AND CITY COUNCIL" CONCERNING THE SETTLEMENT OF THE SOUTHERN IONICS, INC. AND HOUSTON CHEMICAL SERVICES. INC. LITIGATION AGAINST THE CITY OF LA PORTE (Res. 94-101 - R.T. Herrera City Manager Robert T. Herrera spoke about the referenced "Open Letter To The Citizens Of La Porte" which is an Minutes Special Called Regular Meeting of La Porte City Council November 7, 1994, Page 3 attachment to Resolution 94-10. Council discussed the publishing of the letter with Bayshore Sun Editor John Black. Council decided to review Item 7 before voting on Item 6. 7. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING A STIPULATION FOR ENTRY OF JUDGMENT IN THE CASE OF SOUTHERN IONICS , INC. AND HOUSTON CHEMICAL SERVICES INC., PLAINTIFFS, VS. THE CITY OF LA PORTE TEXAS (Ord 94-2003) - R.T. Herrera After a brief review, Council decided to take Item 6 and 7 to executive session for further discussion. 8. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND SCI CONTRACTORS, INC. FOR CONSTRUCTION OF CURBS AND 2" HOT MIX ASPHALT CONCRETE WEARING SURFACE ON SOUTH "M" STREET FROM STATE HIGHWAY 146 NORTHBOUND FRONTAGE ROAD TO SOUTH 8TH STREET (Ord'. 94-2004) - C. Harrington City Engineer Fred Thompson reviewed for Council the summary and recommendation regarding the execution of a construction contract with SCI Contractors, Inc. Council had questions regarding the addendum. City Manager Robert T. Herrera suggested the vote be delayed until Fred Thompson could leave the Council meeting and return with the necessary information to answer Council's questions. 9. CONSIDER APPROVING FUNDS FOR CITY OF LA PORTE PORTION OF THE HUNDRED CLUB OF HOUSTON INC. DONATION FOR A NEW RADIO DISPATCH, MODULAR RADIO CONSOLE SYSTEM, AND APPROVE ADDITIONAL FUNDS FOR NECESSARY MODIFICATIONS TO DISPATCH AREA - B. Powell Lt. Aaron Corrales reviewed the summary and recommendation regarding the radio console for the Communications office at the City of La Porte Police Department. Motion was made by Councilperson Thrower to approve S 47,789 to fund the City's portion of the project and a S10,000 contingency fund. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 0 Minutes Special Called Regular Meeting of La Porte City Council November 7, 1994, Page 4 10. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR DISCUSSION A. CONSIDER AWARDING A BID FOR THE ANNUAL SUPPLY OF FLUIDS, OILS, AND LUBRICANTS TO JONES OIL, INC. - B. Jacobs B. CONSIDER AWARDING A BID FOR A TWO WHEEL AIR SUPPLY UNIT TO DUNN EQUIPMENT - B. Jacobs C. CONSIDER REJECTING ALL BIDS AND AUTHORIZE PURCHASE OF PLASTIC GARBAGE BAGS THROUGH THE INTERLOCAL AGREEMENT WITH HGAC - B. Jacobs D. CONSIDER DECLARING VULCAN MATERIALS COMPANY THE SOLE SOURCE SUPPLIER FOR AGGREGATE FOR SURFACE TREATMENT AND AUTHORIZE A TWO YEAR CONTRACT - B. Jacobs Councilperson Clarke requested pulling Items C and D for discussion. After Assistant Director of Public Works Buddy Jacobs explained the background and recommendations of the two items all were voted on as one vote approves/denies all. Motion was made by Councilperson McLaughlin to approve Items A. B, C and D. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None City Engineer Fred Thompson brought back for Council approval the addendum for Item 8. Mr. Thompson read the addendum and answered Council's questions. Mayor Malone read: 8. CONSIDER AN ORDINANCE APPROVING _AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND SCI CONTRACTORS, INC. FOR CONSTRUCTION OF CURBS AND 2" HOT MIX ASPHALT CONCRETE WEARING SURFACE ON SOUTH "M" STREET FROM STATE HIGHWAY 146 NORTHBOUND FRONTAGE ROAD TO SOUTH 8TH STREET (Ord. 94-2004) - C. Harrington Motion was made by Councilperson Porter to approve Ordinance 94-2004. Second by Councilperson Thrower. The motion carried, 9 ayes and 0 nays. • Minutes Special Called Regular Meeting of La Porte City Council November 7, 1994, Page 5 Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 11. ADMINISTRATIVE REPORTS: City Manager Robert T. Herrera had no reports for Council. 12. COUNCIL ACTION Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Maxwell and Mayor Malone brought items to CouncillIs attention. 13. EXECUTIVE SESSION - PURSUANT TO PROVISIONS OF THE OPEN MEETINGS LAW CHAPTER 551.071 THROUGH 551.076, AND 551.084 GOVT. CODE VERNON'S TEXAS CODES ANNOTATED, - (CONSULTATION WITH ATTORNEY DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS CONFERENCE WITH EMPLOYEES, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. MEET WITH CITY MANAGER AND LEGAL COUNSEL TO DISCUSS LAWSUIT WITH SOUTHERN IONICS/HOUSTON CHEMICAL SERVICES Council retired into executive session at 6:32 P.M. to discuss Item A and agenda Items 6 and 7. Council returned to the table at 7:52 P.M. and reconvened the meeting at 8:02 P.M. Mayor Malone reported there was no action taken on executive session Item A) Meet with City Manager and Legal Counsel to discuss lawsuit with Southern Ionics/Houston Chemical Services. Mayor Malone read: 7. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING A STIPULATION FOR ENTRY OF JUDGMENT IN THE CASE OF SOUTHERN IONICS, INC. AND HOUSTON CHEMICAL SERVICES INC., PLAINTIFFS, VS. THE CITY OF LA PORTE, TEXAS (Ord. 94-2003) City Attorney read: ORDINANCE 94-2003 - AN ORDINANCE APPROVING AND AUTHORIZING A STIPULATION FOR ENTRY OF JUDGMENT IN THE CASE OF SOUTHERN IONICS, INC. AND HOUSTON CHEMICAL SERVICES, INC., PLAINTIFFS, VS. THE CITY OF LA PORTE, TEXAS, ET AL, DEFENDANTS, CASE NO., 89-3969, IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF TEXAS; APPROPRIATING $2, 300, 000.00 FROM THE GENERAL FUND OF THE CITY OF LA PORTE IN PAYMENT OF SUCH AGREED SETTLEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH 0 • Minutes Special Called Regular Meeting of La Porte City Council November 7, 1994, Page 6 THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Thrower to approve Ordinance 94-2003 as read by the City Attorney. Second by Councilperson McLaughlin. The motion carried, .8 ayes and 1 nay. Councilperson Maxwell asked for a roll call vote. Ayes: Councilpersons Sutherland, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: Councilperson Cooper 6. CONSIDER A RESOLUTION AUTHORIZING AND APPROVING "AN OPEN LETTER TO THE CITIZENS OF LA PORTE - FROM THE MAYOR AND CITY COUNCIL" CONCERNING THE SETTLEMENT OF THE SOUTHERN IONICS. INC AND HOUSTON CHEMICAL SERVICES, INC. LITIGATI.ON AGAINST THE CITY OF LA PORTE (Res. 94-10) - R.T. Herrera City Attorney read: RESOLUTION 94-10 - A RESOLUTION AUTHORIZING AND APPROVING "AN OPEN LETTER TO THE CITIZENS OF LA PORTE - FROM THE MAYOR AND CITY COUNCIL" CONCERNING THE SETTLEMENT OF THE SOUTHERN IONICS, INC. AND HOUSTON CHEMICAL SERVICES, INC. LITIGATION AGAINST THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson McLaughlin to approve Resolution 94-10. Second by Councilperson Thrower. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 14. ADJOURNMENT There being no further business to come before Council the meeting duly adjourned a 8:05 P.M. Passed and Approved this the 12th ZNWMayor 994 Respectfully submitted, Sue Lenes, City Secretary November 8, 1994 An Open Letter to the Citizens of La Porte — From the Mayor and City Council This is to advise you of the status of the legal disputes associated with the construction of a hazardous waste incinerator on Bay Park Road, commonly known as the old Quaker Oats facility. The project was proposed in 1986 by Houston Chemical Services and the property owner, Southern Ionics. The La Porte City Council initiated action to oppose the project after receiving a mandate by the citizens in a non -binding city referendum. The citizens voted 4 to 1 (1346 to 375) to oppose the project. Two legal disputes surfaced from the City's opposition. One was related directly to opposing the issuance of a permit for the facility. Despite the City's objection, a permit was issued by the Texas Water Commission on October 24, 1990. The City joined several private citizens and Harris County in an appeal of this decision but was removed from this process by a Travis County court order. An appeal still is pending in the Texas Supreme Court The second legal dispute arose when the City attempted to annex the property in an effort to impose stricter health and safety requirements than those monitored by the Texas Water Commission. This annexation was declared in a federal court to be a breach of our Industrial District Agreement with Southern Ionics. Following this ruling, Houston Chemical Services/Southem Ionics filed suit against the City seeking damages in excess of $100 million. In opposing the permit, the City spent in excess of $1 million and a substantial amount of administration time over the six year period. In addition to these efforts, the City has continued to improve its public facilities and added additional community programs which we all enjoy by living in La Porte. All this was done without an increase in taxes. Furthermore, the City's efforts have caused the state regulatory agency to make improvements in their rules for site selection, and has resulted in stronger criteria in the monitoring of facilities that could negatively impact public health. The outcome has been the rejection of one hazardous waste permit to build an incinerator north of the ship channel and an increase in the projected cost of the Houston Chemical Services project from $40 to $110 million dollars due to redesign and use of modem equipment. During the eight years of opposing the permit, many other positive things have come forth- (1) The facility has not been built, and depending upon market condition, may never be built. (2) If built, the incinerator will have to comply with state of the art restrictions and be required to be monitored 24 hours a day, 7 days a week. (3) PCBs, dioxins, methyl isocynates, explosives, infectious wastes, and radioactive materials are not permitted at this site. (4) A surplus of incineration facilities now exist in this area. (5) Third party incinerators are no longer favored by industry for liability reasons. (6) Today incinerators are nearly impossible to finance. (7) Due to new federal regulations more money can be made by selling emission credits than by building incinerators. (8) The Texas Natural Resources Conservation Commission has adopted stricter requirements on the siting of hazardous waste incinerators throughout the state of Texas. The City is convinced that it acted properly in carrying out the citizens' mandate. However, the City also recognizes the fact that a federal judge's interpretation of our action may cause the community to endure a severe financial hardship. Therefore, the City, when approached by Houston Chemical Services and Southern Ionics, entertained settlement talks. As a result of these talks the City negotiated a settlement of the annexation lawsuit, whereby we will pay $2.3 million to settle all claims. The payment of this amount of money will not require a tax increase. This decision ends all further financial exposure on this matter and all litigation. In light of this settlement, we trust that you will accept it in the spirit in which it was made. Now our efforts and resources can be more effectively directed to the business of the City. 0 6 INDUSTRIAL DISTRICT AGREEMENTS ACTUAL SIGNED CONTRACT & EXHRKS RECEIVED TOTAL CONTRA 49 (Includes second contract for Air Products) TOTAL CONTRACTS PASSED - JANUARY 10, 1994 30: 93-IDA-01-A Air Products, Inc. Corporation (1 of 2) 93-IDA-03 Alphagaz, Division of Liquid Air Corporation 93-IDA-05 Arco Pipe Line Company 93-IDA-06 Aristech Chemical Corporation 93-IDA-08 Big Three Industries, Inc. 93-IDA-09 Dow Chemical Company 93-IDA-10 Drago Supply Company, Ina 93-IDA-11 Dunn Equipment, Ina 93-IDA-12 E.L du Pont de Nemours and Company 93-IDA-13 Chusei (U.S.A.), Inc 93-IDA-14 Eurecat U.S., Inc. 93-IDA-15 NOCS West Gulf, Inc. 93-IDA-16 Ethyl Corp. 93-IDA-17 Fairmont Supply Company 93-IDA-18 Fina Oil & Chemical Company 93-IDA-20 Goodyear Tine & Rubber Company 93-IDA-22 Hercules, Inc. 93-IDA-24 Solvay Interox 93-IDA-25 Geon Company 93-IDA-26 Lubrizol Corporation 93-IDA-28 Occidental Chemical Corporation 93-IDA-29 Ohmstede, Inc. 93-IDA-32 Praxair, Inc. 93-IDA-33 Primeco, Inc, D/B/A Prime Equipment Company 93-IDA-36 Revak Enterprises, Inc. 93-IDA-37 Rexene Corporation 93-IDA-39 Solvay Polymers, Inc. 93-IDA41 Laidlaw Environmental Services (TES), Inc 93-IDA-M Tri-Gas, Ina 93-IDA-48 CBSL Transportation Services, Inc. TOTAL CONTRACTS PASSED - FEBRUARY 14, 1994 6: 93-IDA-02 Akzo Chemicals, Ina (Bayport) 93-IDA42 Akzo Chemicals, Inc. (Deer Park) 93-IDA-19 FMC Corporation 93-IDA-21 Greif Bros. Corporation 93-IDA-31 Petrolite Corporation 93-IDA-45 Union Carbide Industrial Services Company, Inc, TOTAL CONTRACTS PASSED - MARCH 14, 1994 1 93-IDA-23 Houston Lighting and Power Company TOTAL CONTRACTS PASSED - MARCH M 1994 4 93-IDA-04 Arco Chemical Company 93-IDA-35 Tom M.R., Inc. 93-IDA-40 Southwest Chemical Company 93-IDA-43 Texas Electrical Company TOTAL CONTRACTS PASSED - MAY 9, 1994 1 93-IDA-01-B Air Products Manufacturing Corporation (2 of 2) TOTAL CONTRACTS PASSED - JUNE 27, 1994 93-IDA-27 Nippon Pigment 93-IDA-38 Rohm & Haas TOTAL CONTRACTS TO PASS - NOVEMBER 7, 1994 93-IDA-30 Witco Corporation 39-IDA-34 Quantum Chemical Corporation TOTAL # OF CONTRACTS STILL OUT Battleground Water Supply still pending (Does not include Southern Ionics or Storage Warehouse Services); As of October 31, 1994 ORDINANCE NO. 93-IDA-30 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH WITCO CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. WITCO CORPORATION has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 93-30 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 7th day of November, 1994. CITY OF LA PORTE By: orsnan L. Malonb, Mayor ATTEST: Sue Lenes, City Secretary APPROVED: Knox W. Askins, City Attorney ORDINANCE NO. 93-IDA-34 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH QUANTUM CHEMICAL CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. QUANTUM CHEMICAL CORPORATION has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 93-34 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 7th day of November, 1994. CITY OF LA PORTE By: 'No an L. Malon Mayor ATTEST: Sue Lenes, City Secretary APP ,914,ED : nox W. Askins, City Attorney (5 L RESOLUTION NO. 94- 10.. A RESOLUTION AUTHORIZING AND APPROVING "AN OPEN LETTER TO THE CITIZENS OF LA PORTE - FROM THE MAYOR AND CITY COUNCIL" CONCERNING THE SETTLEMENT OF THE SOUTHERN IONICS, INC. AND HOUSTON CHEMICAL SERVICES, INC. LITIGATION AGAINST THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porta authorizes and approves for distribution, "An Open Letter to the Citizens of La Porte - From the Mayor and City Council," in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Such document is to be furnished to The Bayshore Sun for publication. 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 resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this 7th day of November, 1994. CITYiOF LA PORTE ; By: ZL�� l— N rman L. Malon Mayor 0 RESOLUTION NO. 94-10 ATTEST: Sue Lenes, City Secretary APPROVED: _ Knox W. Askins, City Attorney PAGE 2 November 8, 1994 An Open Letter to the Citizens of La Porte — From the Mayor and City Council This is to advise you of the status of the legal disputes associated with the construction of a hazardous waste incinerator on Bay Park Road, commonly known as the old Quaker Oats facility. The project was proposed in 1986 by Houston Chemical Services and the property owner, Southern Ionics. The La Porte City Council initiated action to oppose the project after receiving a mandate by the citizens in a non -binding city referendum. The citizens voted 4 to 1 (1346 to 375) to oppose the project Two legal disputes surfaced from the City 's opposition. One was related directly to opposing the issuance of a permit for the facility. Despite the City Is objection, a permit was issued by the Texas Water Commission on October 24, 1990. The City joined several private citizens and Harris County in an appeal of this decision but was removed from this process by a Travis County court order. An appeal still is pending in the Texas Supreme Court The second legal dispute arose when the City attempted to annex the property in an effort to impose stricter health and safety requirements than those monitored by the Texas Water Commission. This annexation was declared in a federal court to be a breach of our Industrial District Agreement with Southern Ionics. Following this ruling, Houston Chemical Services/Southern Ionics filed suit against the City seeking damages in excess of $100 million. In opposing the permit, the City spent in excess of $1 million and a substantial amount of administration time over the six year period. In addition to these efforts, the City has continued to improve its public facilities and added additional community programs which we all enjoy by living in La Porte. All this was done without an increase in taxes. Furthermore, the City's efforts have caused the state regulatory agency to make improvements in their rules for site selection, and has resulted in stronger criteria in the monitoring of facilities that could negatively impact public health. The outcome has been the rejection of one hazardous waste permit to build an incinerator north of the ship channel and an increase in the projected cost of the Houston Chemical Services project from $40 to $110 million dollars due to redesign and use of modem equipment During the eight years of opposing the permit, many other positive things have come forth. (1) The facility has not been built, and depending upon market condition, may never be built (2) If built, the incinerator will have to comply with state of the art restrictions and be required to be monitored 24 hours a day, 7 days a week- (3) PCB Is, dioxins, methyl isocynates, explosives, infectious wastes, and radioactive materials are not permitted at this site. (4) A surplus of incineration facilities now exist in this area. (5) Third party incinerators are no longer favored by industry for liability reasons. (6) Today incinerators are nearly impossible to finance. (7) Due to new federal regulations more money can be made by selling emission credits than by building incinerators. (8) The Texas Natural Resources Conservation Commission has adopted stricter requirements on the siting of hazardous waste incinerators throughout the state of Texas. The City is convinced that it acted properly in carrying out the citizens' mandate. However, the City also recognizes the fact that a federal judge's interpretation of our action may cause the community to endure a severe financial hardship. Therefore, the City, when approached by Houston Chemical Services and Southern Ionics, entertained settlement talks. As a result of these talks the City negotiated a settlement of the annexation lawsuit, whereby we will pay $2.3 million to settle all claims. The payment of this amount of money will not require a tax increase. This decision ends all further financial exposure on this matter and all litigation. In light of this settlement, we trust that you will accept it in the spirit in which it was made. Now our efforts and resources can be more effectively directed to the business of the City. ORDINANCE NO. 94- 2003 AN ORDINANCE APPROVING AND AUTHORIZING A STIPULATION FOR ENTRY OF JUDGMENT IN THE CASE OF SOUTHERN IONICS, INC. AND HOUSTON CHEMICAL SERVICES, INC., PLAINTIFFS, VS. THE CITY OF LA PORTE, TEXAS, ET AL, DEFENDANTS, CASE NO. 89-3969, IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF TEXAS; APPROPRIATING $2,300,000.00 FROM THE GENERAL FUND OF THE CITY OF LA PORTE IN PAYMENT OF SUCH AGREED SETTLEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes a stipulation for entry of judgment in the case of Southern Ionics, Inc. and Houston Chemical Services, Inc., Plaintiffs, vs. The City of La Porte, Texas, Et Al, Defendants, Case No. 89-3969, in the United States District Court, Southern District of Texas, in substantially the form as shown in the documents which are on file in the office of the City Secretary of the City of La Porte, and incorporated herein by this reference. The City Manager is hereby authorized to execute such documents 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. The City Council appropriates the sum of $2,300,000.00 from the General Fund, fund balance, to fund said agreement. 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 �1 1 • ORDINANCE NO. 94- 2003 PAGE 2 matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 7th day of November, 1994 CITY OF LA PORTE 1 By: N roan L. Mal e, Mayor ATTEST: Sue Lenes, City Secretary APPROVED: Knox W. Askins, City Attorney RADUEST FOR CITY COUNCIL AGENDA ITMA Agenda Date Requested: November 7, 1994 Requested By: Chuck Harrington C/L Department: Planning Report Resolution X Ordinance Exhibits: 1. Bid Tabulation Bidder's List SUMMARY & RECOMMENDATION As part of the 1994-95 Budget process, City Council approved $45,000 to construct South "M" Street from the SH 146 Northbound Frontage Road to South 8th Street. Construction of this roadway is intended to provide an additional entrance and exit to Little Cedar Bayou Park, which would alleviate a great deal of traffic through Bay Pointe Townhomes and at the intersection of South 8th Street and Fairmont Parkway. Design of the roadway was completed by the City's Planning Department and construction of the drainage, lime stabilization, and flexible base material is being constructed by the City's Public Works Department. Staff advertised for bids in October of 1994 (see Bidder's List attached) for construction of the concrete curbs and 1'h" hot mix asphalt concrete (HMAC) wearing surface. An alternate to provide a 2" (HMAC) wearing surface was included in the proposal. Staff opened bids on November 1, 1994, (see Bid Tabulation sheet attached), the low bidder for the base bid to provide a 1 1h" wearing surface was SCI Contractors, Inc. in the amount of $25,497.41. SCI was also the low bidder for the Alternate in the amout of $27,902.40. Staff recommends awarding the contract to SCI Contractors, Inc. in the amount of $27,902.40 for the alternate bid to provide the 2" HMAC wearing surface, which will prove to be more durable and extend the life of the pavement. Staff also recommends to include a five percent (5%) contingency of $1,396 for unforeseen work that may need to be included. Action Required by Council: Approve an ordinance allowing the City Manager to execute a construction contract with SCI Contractors, Inc. in the amount of $27,902.40, and include a 5% contingency of $1,396.00. Availability of Funds: _ General Fund _ Water/Wastewater X Capital Improvement _ General Revenue Sharing Other Account Number: 015-707-440-100 Funds Available: X YES NO Approved for City Council Agenda �31 Honert I. Herrera City Manager ORDINANCE NO. 94- 2004 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND SCI CONTRACTORS, INC., FOR CONSTRUCTION OF CURBS AND 2" HOT MIX ASPHALT CONCRETE WEARING SURFACE ON SOUTH "M" STREET FROM STATE HIGHWAY 146 NORTHBOUND FRONTAGE ROAD TO SOUTH 8TH STREET; APPROPRIATING $27,902.40 PLUS A 5% CONTINGENCY OF $1,396.00, FOR A TOTAL OF $29,298.40, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $27,902.40 plus a 5% contingency of $1,396.00, for a total of $29,298.40 from the Capital Improvement Account. No. 015-707-440-100. to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, 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 ORDINANCE NO. 9 4 - 2004 PAGE 2 upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 7th day of November, 1994. CITY OF LA PORTE By: lL' ,r �Orman L. Mal , mayor ATTEST: Sue Lenes, City Secretary APPROVED: Knox W. Askins, City Attorney t 4 CITY OF LA PORTE SOUTH "M" STREET EXTENSION FROM SH 146 TO SOUTH 8TH STREET CLP PROJECT NO.94-4501 BID TABULATION NOVEMBER 1, 1994 CONTRACTOR 5% BID BOND ATTACHED ACKNOWLEDGE ADD. #1 BASE BID TOTAL ALTERNATE #1 1. Pas -Key Construction Services, Inc. yes yes $ 28,384.79 no bid 2. Derk Harmsen Construction Company yes yes $ 30,327.00 $ 33,827.00 3. Commodore Construction Company yes yes $ 29,454.00 $ 31,859.00 4. SCI Contractors yes no $ 25,497.41 $ 27,902.40 5. 6. 7. 8. 9. 10. 11. 12. 13. 0 0 CITY OF IA PORTE SOUTH "M" STREET EXTENSION FROM SH 146 TO SOUTH 8TH STREET CLP PROJECT NO. 94-4501 Advertisine The Bayshore Sun - October 16 & 23, 1994 Pas -Key Construction Service, Inc. 2129 Preston Pasadena, TX 77502 Commodore Construction 55 Lyerly, Ste. 100 Houston, TX 77022 Moore & Moore General Contractors PO Box 1517 La Porte, TX 77572-1517 SCI Contractors PO Box 1464 Friendswood, TX 77546 Faxed Bid Notice to: Chamber of Commerce Follis Construction 111 N. Broadway La Porte, TX 77571 St. Clair Services, Inc. 17110 Market, #1 Channelview, TX 77530-3842 FORCE Corporation PO Box 1079 La Porte, TX 77572-1079 Derk Harmsen Construction Company 2820 Center Deer Park, TX 77536 Plans and Specifications Delivered to the Following Plan Review Rooms: Dodge Reports 3131 Eastside, Ste. 300 Houston, TX 77098 Construction Directory Plan Room 5711 Hillcroft Houston, TX 77036 Associated General Contractors 5050 Westheimer, Ste. 100 Houston, TX 77056 Contractors that Obtained Plans and Specifications from the City of La Porte SCI Contractors Derk Harmsen Construction Company PO Box 1464 2820 Center Friendswood, TX 77546-1464 Deer Park, TX 77536 Pas -Key Construction Services, Inc. Commodore Construction 2129 Preston 55 Lyerly, Ste. 100 Pasadena, TX 77502 Houston, TX 77022 O • 5) 0 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 7, 1994 Requested By: Bobby L. Powell Department: Police X Report Resolution Ordinance Exhibits: SUMMARY & RECOMMENDATION Background As Council may recall, in January 1994, I requested $128, 000. 00 for a radio console for the Communications office and was turned down. On April 26, we wrote a letter to the 100 Club asking their assistance in acquiring a new modular radio console. The Hundred Club of Houston, Inc. Board of Directors met on August 2, 1994 and reconsidered our request for radio equipment. They appreciated the effort that was made to bring the request from the original $128,000 to the amended $95,289.00. The Board of Directors voted to fund half of the cost of our communication equipment ($47,500) if the Council will approve funding for the other half. Recommendation I am requesting $ 47,789 to fund our half of the project, along with a $10,000 contingency. I am requesting additional funding in the amount of $ 10,000 to ensure the installation of the console goes smoothly. Hopefully, this will be enough to make the room operational and add some of the items needed e.g., a raised computer floor, additional shelves and wiring for monitors. The total request we are seeking your consideration for totals $57,789. ALTERNATIVE: Continue operation on the existing console, which has been repaired twice this month after going down. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Vehicle Fund) Insurance Account Number: Funds Available: YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager La Gorer� F��,c� L�eEaa„ert-!E�.� Fc000t ,�aci e�.dc� .,ct a - • 4GYo _5� - ,• 28,;.O.rk � a r N 1• v N •e U� O r/C . 5 ���F�GF_a..irs OFFICE Fr Doori'IIVAI l A 0 ti A.- 9f> ScaEF�s 5-CAD Sc.PE&^Js C.- R.(o10 CRT D,- %_'LeX;"4cxjF- E.- 911 P.140 JEs F. - KE,-Bos+RDS ®1 THE HUNDRED CLUB OF HOUSTON. INC. BOARD OF DIRECTORS ILEROY MELCHER >WRMAN OF THE BOARD FRED GESHAROT PRESIDENT N. M. •MACK' BROWN MORTON A. COHN JACK MOORE M.D. VICE PRESIDENTS HOWARD 0. MOON SECRETARY/TREASURER ROBYN ADAIR K. S. 'BUD' ADAMS. JR. SID ADGER •GEORGE R. BOLIN JOHN R. BRANIFF JAMES M. •JIM' CLEPPER JAMES R. GRAVES R. T. HERRIN FARRELL G. HUBER. JR. L.BRYAN HUTCHESON :LARENCE F KENDALL. II RICHARD C. KURIGER. III H STUART LANG. JR. CHARLES F. MILSTEAO -DAVID H. MORRIS MARK NIELSEN DAVID a BANNON ROBERT E. PAINE. III . CLAY A. PARKER 'JOHN F. RADER. III JESSE SHARMAN H. WAYNE TAYLOR TONY VALLONE EO WHITE CHARLIE D. WORTHEN ONARARY LIFE CHAIRMEN R. T. HERRIN H.STUART LANG.JR. 'DAVID H. MORRIS CHARLIE O. WORTHEN EXECUTIVE DIRECTOR MARY COOPER (713) 790-0100 August 15, 1994 THE HUNDRED CLUB OF HOUSTON, INC. 6910 FANNIN SUITE 102 HOUSTON, TExAs 77030-3806 REC�I 4UG 2 2 lcG4 Chief Bobby L. Powell CITY La Porte Police Department �''' `�•��5 P. O. Box 846 C'"r��L �La Porte, Texas 77571 p!4- Dear Chief Powell: The Hundred Club of Houston, Inc. Board of Directors met on August 2, 1994 and reconsidered your request for radio equipment. We find that we must consider all requests carefully with regard to the overall percentage that would be required for that request from our annual equipment budget. We appreciate the effort that was made to bring the request from the original $128,000 to the amended $95,289. The Board of Directors voted to fund half of the cost of your 1 communications equipment ($47,500) if you could fund the other half by June of 1995. 4 We sincerely hope you will understand this.decision. Good y luck and success in your vital operations. Cordially, i Fred Gebhardt President /ps cc: Lt. C. H. Crisp 911L 100 afuLL P'[oVtdLl fwldl to WiL,., Q/!d child:,,. of rLaGL lJf/iCL Ti <Vh0 �OiG C�z - .1. Luu in IL fIncrf duty. tdto irn•idL1 Lducatio„af 11,/�attw� r;e �_,t•%::u __.... . O O THE HUNDRED CLUB OF HOUSTON. INC. BOARD OF DIRECTORS LEROY MELCHER [AIRMAN OF THE BOARD FRED GESHAnDT PnESIUEN T N. M. "MACK' BROWN MORTON A. COHN JACK MOORE M.D. VICE PRESIDENTS HOWARD D. MOON :CRETARY/TREASURER ROBYN ADAIR S:'BUD' ADAMS. JR. SID ADGER GEORGE R. BOUN JOHN R. BRANIFF MES M. 'JIM' CLEPPER JAMES R. GRAVES R. T. HERRIN kRRELL G. HUBER. JR. BRYAN HUTCHESON ARENCE F. KENDALL. It :;HARD C. KURIGER. III 1. STUART LANG. JR. HARLES F. MILSTEAO DAVID H. MORRIS MARK NIELSEN DAVID O' BANNON aOBERT E. PAINE, III CLAY A. PARKER JOHN F. RADER. III JESSE SHARMAN H. WAYNE TAYLOR TONY VALLONE ED WHITE HARLIE 0. WORTHEN �ARARY LIFE CHAIRMEN R. T. HERRIN 1. STUART LANG. JR. DAVID H. MORRIS -(ARLIE D. WORTHEN CECUTIVE DIRECTOR MARY COOPER z 3 S 3 (713) 790-0100 4 June 13, 1994 THE HUNDRED CLUB OF HOUSTON, INC. Chief Bobby L. Powell La Porte Police Department P. O. Box 846 La Porte, Texas 77571 Dear Chief Powell: 6910 FANNIN SUITE 102 HOUSTON, TEXAS 77030-3806 Your request for a modular radio console system has been received and will be submitted to the Finance and Request Committee. You and your representative are invited to attend the next meeting to formally present your proposal. The meeting will. be on Tuesday, June 28, 1994 at 11:30 a.m. in the private dining room of the Confederate House Restaurant, 2925 Weslayan. We will have lunch and following your presentation, you may feel free to go. Your request will be acted upon by the committee and then presented to the Board of Directors for their consideration. You will be notified as to the decision of the Board. Cordially, Y f CA� Mary Cooper Executive Director cc: Lt. C. H. Crisp MC/ps '�:79, pTOO efuf �Zcvidci fiucds to cuiLw., and ,4dd,c. of �ccL�cE��iccis .4. core di., ruzi in tint of duty. ffE aflo P,ovidts cducatioRaL op�ottundizs and fi fc tauino couihmcni_ 5 April 26, 1994 Mr. Fred Gebhardt, President The Hundred Club of Houston, Inc. 6910 Fannin, Suite 325N Houston, Texas 77030 Dear Mr. Gebhardt The City of La Porte is requesting your assistance in acquiring a new modular radio console system for our Police Department Communications Center. Our existing radio console, a Motorola Modcom, was installed in 1974, and as a result has become obsolete when compared to the technological advances over the last twenty years. Not only is the present console system incompatible with modern technologies, most major repair parts for this model are no longer available. The reliability of our console becomes more questionable as time passes, since its age places our responsiveness to the citizens of the communities we serve in jeopardy, while at the same time giving a false sense of safety to our Police Officers. The safety of our Police Department personnel will be enhanced with a new modular radio console which would provide a method of constantly monitoring an officer's location and status. The purchase of a new radio console in today's market is approximately $128,000. The La. Porte Communications Division of the Police Department is responsible for dispatch service not only to the City of La Porte, but also, to the City of Morgan Is Point and the City of Shoreacres, an area of approximately thirty (30) square miles. Harris County Constable Precinct 8, the Texas Highway Patrol, and the Texas Parks and Wildlife Department are additional users of La Porte Is radio frequency. The projected benefit to those relying on La Porte Is communications system would be an efficient and responsive method of monitoring an officer's location and status. This would result in greater protection for the officers and the community. Mr. Fred G ebhardt O April 26, 1994 Page 2 With the assistance received by an organization such as the Hundred Club of Houston, many small to mid -size communities such as the City of La Porte are better able to protect their citizens and officers with technologies that normally are only afforded by larger communities. Please consider our request favorably. With your support, a difference will be made to enhance the safety of our police force as they carry out their duties to protect and serve. Sincerely, Bobby L. Powell Chief of Police BLP/cjb cc Robert T. Herrera, City Manager RE T FOR CITY COUNCIL AGEND ITEM Agenda Date Requested: November 7 1994 Requested By: Steve Gillett Department: Public Works XXX Report Resolution Ordinance Exhibits: Bid Recap Sealed Bids #0611 - Fluids, Oils, & Lubricants SUMMARY & RECOMMENDATION Advertised, sealed bids #0611 for the annual supply of fluids, oils, and lubricants were opened and read on October 17, 1994. Bid requests were mailed to fifteen (15) vendors with five (5) returning bids. Low bid meeting specifications in all sections was submitted by Jones Oil, Inc., our current supplier. Using estimated yearly quantities, the cost would be $16,510.06. This represents an increase of 4% over the last year's prices. Funds for this purchase were budgeted in the Equipment Services 94/95 Operating Budget. Action Required by Council: Award bid for the annual supply of fluids, oils, and lubricants to Jones Oil, Inc., low bidder meeting specifications. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing XXX Other Equipment Services Operating Budget Account Number: 024-700-704-995 Funds Available: XX YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager CITY OF LA PORTE INTER -OFFICE MEMORANDUM OCTOBER 27, 1994 TO: STEVE GILLETT, PUBLIC WORKS DIRECTOR FROM: SUSAN KELLEY PURCHASING AGENT SUBJ: SEALED BID #0611 - FLUIDS, OIL AND LUBRICANTS Advertised, sealed bids #0611 for fluids, oil and lubricants were opened and read on October 17, 1994. Bid requests were mailed to fifteen (15) vendors with five (5) returning bids. Low bid meeting specifications was submitted by Jones Oil, Inc. Using estimated yearly quantities, the cost would be $16,510.06. This is a 4% increase over last year's price. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. Attachment: Bid Tabulation Bid List BID *ULATION - OILS, FLUIDS, & LUBRICANTS JONES OIL VALVOLINE SPECIALTY O'ROURKE 1 THOMAS DESCRIPTION Nrr QTY bNrT PRICE NIT PRICE NIT PRICE kJNIT PRICE IUNrr PRICE SECTION I - BULK OILS, AND TRANSMISSION FLUIDS I 1. Bulk Hydraulic 011, 5VV20 Gal 11200 I $2.66 $2.70 $2.79 1 $3.00 $3.08 Exxon torque fluid #56 I 2. Bulk Motor Oil, Exxon XD-3 Gal 1200 $2.66 $2.72 $2.83 $2.99 $3.85 30 SF, SE, CD, CC 13. Bulk Gear Oil, Drum 2 $240.35 , $226.00 I $210.96 i $264.00 1 $292.00 Exxon GX 85/140 gear oil i 400 lb. drums 4. Bulk Transmission Fluid, Gal 600 i $2.53 I $2.68 ; $3.08 I I $2.85 I $4.61 Dexron II I I SECTION I TOTAL I $8,382.70 I $8,564.00 $9,013.92 $9,426.00 j $11,666,00 1 (SECTION II - ANTIFREEZE AND LUBRICANTS I I 1. Motor Oil, Exxon XD-3 30 at ' 500) $0.99 $1.02 $0.99 $1.10 $1.32 I 2. Antifreeze, All Purpose GAL I 450 $3.49 $4.60 $4.58 ! $4.80 I $5.45 55 gallon drums I 3. Chassis Grease, Multi- I Tube 300 $0.81 $0.84 $0.84 i ; $0.92 $1.71 purpose Lithium EP I i Exxon Ronex M.P. 14. (rum Chassis Grease, Multi- 7 $31.50 $27.30 $29.19 I $39.60 $44.45 purpose Lithium EP ! Exxon Ronex M.P. 35 lb 5 Automatic Transmission at 96 $0.87 1 $1.0o I $0.93 I $ i.15 $1.42 Fluid, DEXRON II SECTION 11 TOTAL $2, 612.52 I $3,123.00 I $3,101.61 $3, 373.60 $4, 072.97 SECTION III - MISCELLANEOUS j 1. Oil dry, Florco 50 lb bag Bag 100 $2.93 I $2.92 $2.95 $2.80 NO BID 2. Windshield Washer Fluid Gal 136 $1.16 I i $1.16 I I $0.83 $1.00 NO BID 13. Penetrate Oil; Aerosol WD40 I Can ! 120 $0:90 I $1:04 i $1:24 $2:28 i NO BID � 14. Carburator cinr, Gumout #7450 Can i 120 I $0.97 I a0.95 I $ 1.24 I $2.25 I ivO 80 I 5. Power Steering Fluid 12 oz I Can 144 $0.52 $0.52 $0.57 $0.50 NO BID 6. Brake Parts Cleaner 20 oz i Can 120 $1.24 I $1.67 I $2.28 I $2.65 NO BID 7. Freon - Refrigerant R-12 30 lb Cyl I 20 $220.00 $239.00 $252.00 ; $295.00 NO BID 1 I � I ii � i i I v. n. W=nd(`lpa ier-Gajo�1115 Ini 7 7 2 I I $,'� . Fv7. $n nn NQ BIDIA 4.5 lb container I� I I I r SF(_TION Ili TOTAI I i I $.5,514.R4 1 T5_461.34 �119 7, n RID - GRAND $16,5W.06i $17,648.34 1 S1u,326.79 1 $20,229.20 _. QBIDDER'S LIST 0 SEALED BID #0611 - FLUIDS, OILS & LUBRICANTS ADAM RESOURCES 6603 KIRBYVILLE HOUSTON, TX 77033 APACHE OIL COMPANY P.O. BOX 177 PASADENA, TX 77501 COMMERCIAL LUBRICANTS CORP P.O. BOX 6366 PASADENA, TX 77506 HI-LO AUTO SUPPLY 1010 S. BROADWAY LA PORTE, TX 77571 JONES OIL 4828 N. SHEPHERD DR. HOUSTON, TX 77018 O'ROURKE PETROLEUM PRODUCTS 222 McCARTY HOUSTON, TX 77029 TECHNOLOGY LUBRICANTS 11322 CREIGHTON CT. HOUSTON, TX 77065 VALVOLINE, INC. P.O. BOX 891 DEER PARK, TX 77536 BAYSHORE SUN PUBLISH DATES: OCTOBER 2, 1994 OCTOBER 9, 1994 ANGEL'S OIL COMPANY P.O. BOX 1398 LA PORTE, TX 77572 BAY OIL COMPANY P.O. BOX 1367 DICKINSON, TX 77539 H & W PETROLEUM COMPANY 9617 WALLISVILLE RD. HOUSTON, TX 77013 J.A.M. DISTRIBUTING P.O. BOX 21134 HOUSTON, TX 77226 OIL PATCH BROWS VALLEY P.O. BOX 456 FREEPORT, TX 77541-0456 SPECIALTY OIL 5750 CAMPBELL RD. HOUSTON, TX 77041 THOMAS PETROLEUM, INC. P.O. BOX 659 WINNIE, TX 77665 ALLEN & KERBER AUTOSUPPLY 518 W. MAIN LA PORTE, TX 77571 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 REOU&ST FOR CITY COUNCIL AGEND4WdTEM Agenda Date Requ :ber 7 1994 Requested By: td Gil tt _ Department: Public Works XXX Report Resolution Ordinance Exhibits: Bid Recap Sealed Bids #0616 - Two Wheel Air Supply Unit SUMMARY & RECOMMENDATION Advertised, sealed bids #0616 for the purchase of a two wheel air supply unit (air compressor) were opened and read on October 31, 1994. Bid requests were mailed to ten (10) vendors with three (3) returning bids. Low bid meeting specifications was submitted by Dunn Equipment in the amount of $91487.00. Staff recommends award of bid for the purchase of a two wheel air supply unit to Dunn Equipment, low bidder meeting specifications, in the amount of $9,487.00. Funds in the amount of $12,500. were budgeted in the 94/95 Motor Pool Replacement Fund for this purchase. Action Required by Council: Award bid to Dunn Equipment, low bidder meeting specifications, for a two wheel air supply unit in the amount of $9,487.00. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing XX Other Motor Pool Replacement Fund Account Number: 009-700-701-886 Funds Available: XX YES NO Approved for City Council Agenda 2 t -L Robert T. Herrera DATE City Manager CITY OF LA PORTE INTER -OFFICE MEMORANDUM NOVEMBER 1, 1994 TO: STEVE GILLETT, PUBLIC WORKS DIRECTOR FROM: SUSAN KELLEYJ/PURCHASING AGENT SUBJ: SEALED BID #0616 - TWO WHEEL AIR SUPPLY UNIT Advertised, sealed bids #0616 - two wheel air supply unit were opened and read on October 31, 1994. Bid requests were mailed to ten (10) vendors with three (3) returning bids. Low bid meeting specifications was submitted by Dunn Equipment in the amount of $9,487.00. 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 BID TABULATION _ AIR SUPPLY UNIT 1. 2 WHEEL AIR SUPPLY UNIT $9,487.00 $10,680.00 $11,120.00 MAKEIMODEI GERSOLL-RAND SULLAIR 185 LeROI 9185DPE P186WJD BIDDER'S LIST SEALED BID #0616 - TWO WHEEL AIR SUPPLY UNIT CLEAR CREEK EQUIPMENT 2626 BAYPORT BLVD. SEABROOK, TX 77586 CROW EQUIPMENT & SUPPLY 1010 SHEPHERD HOUSTON, TX 77007 R. B. EVERETT & COMPANY P.O. BOX 327 HOUSTON, TX 77001 AIRDYNE P.O. BOX 60373 HOUSTON, TX 88306 PRIME EQUIPMENT 17700 HIGHWAY 3 WEBSTER, TX 77598 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 CONLEY/LOTT NICHOLS 9100 N. LOOP EAST HOUSTON, TX 77029 DUNN EQUIPMENT P.O. BOX 836 LA PORTE, TX 77572 F.W. GARTNER 3805 LAMAR HOUSTON, TX 77023 MCKENZIE EQUIPMENT 9260 BRYANT HOUSTON, TX 77075 SULLAIR OF HOUSTON 8640 PANAIR HOUSTON, TX 77061-4185 BAYSHORE SUN PUBLISH DATES: OCTOBER 16, 1994 OCTOBER 23, 1994 REO1&&ST FOR CITY COUNCIL AGENDAmAITEM Agenda Date Requ7ne Novemb r 7 1994 Requested By: Gillett Department: Public Works XXX Report Resolution Exhibits: Bid Recap Sealed Bids #0617 - Plastic Garbage Bags SUMMARY & RECOMMENDATION Ordinance Advertised, sealed bids #0617 for the supply of plastic garbage bags for the January, 1995 bag handout were opened and read on October 31, 1994. Bid requests were mailed to four (4) vendors with two (2) returning bids. Low bid meeting specifications was submitted by Arrow Industries at a cost of forty-five cents ($.45) per pound. The cost of 156,000 pounds of bags needed for the January, 1995 handout would be $70,200.00. This price represents an increase of 25% over the last plastic bag purchase. HGAC currently has a contract with Beemis Co. for a price of $.422 per pound for orders over 80,000 pounds. The cost of 156,006 pounds of bags would be $65,834.53. An Administrative fee would be charged by HGAC for processing the order in an amount of $1,108.34. The total cost would be $66,942.87. Staff recommends City Council reject all bids and authorize purchase of the plastic garbage bags for the January, 1995 handout through the existing interlocal agreement with HGAC for a savings of $3,257.13. Funds for this purchase are budgeted in the Residential Solid Waste FY 94/95 Operating Budget. Action Required by Council: Reject all bids and authorize purchase of plastic garbage bags through the interlocal agreement with HGAC for a total cost of $66,942.87. Availability of Funds: XX General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: 001-700-702-215 Funds Available: XX YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager b 46 CITY OF LA PORTE INTER -OFFICE MEMORANDUM NOVEMBER 1, 1994 TO: STEVE GILLETT, PUBLIC WORKS DIRECTOR FROM: SUSAN KELLEY,APURCHASING AGENT SUBJ: SEALED BID ##0617 - PLASTIC GARBAGE BAGS Advertised, sealed bids #0617 - plastic garbage bags were opened and read on October 31, 1994. Bid requests were mailed to four (4) vendors with two (2) returning bids and one (1) no bid. Low bid meeting specifications was submitted by Arrow Industries. The cost for 156,000 lbs. of bags would be $70,200.00. This is a 25% increase over the last purchase. HGAC currently has a contract with Bemis Company for a price of $.422 per pound based on quantity over 80,000 lbs. Including the administrative fee, the cost would be $66,942.87. 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 BID TABULATION = PLASTIC GARBAGE BAGS 1. GARBAGE BAGS (156,000 ibs) TOTAL $0.4500 I $0.5368 I NO BID $70,200.00 1 $85,300.80 NO BID BIDDER'S LIST SEALED BID ##0617 - PLASTIC GARBAGE BAGS ARROW INDUSTRIES, INC. P.O. BOX 810489 DALLAS, TX 75381 DYNA-PAK CORPORATION 112 HELTON DRIVE LAWRENCEBURG, TN 38464 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 BEMIS COMPANY P. 0. BOX 5724 TERRE HAUTE, IN 47808-0905 SUNBELT PLASTICS P.O. BOX 7400 MONROE, LA 71211 BAYSHORE SUN - PUBLISH DATES OCTOBER 16, 1994 OCTOBER 23, 1994 REOAT FOR CITY COUNCIL AGENDAtl m Agenda Date Re3ad : N,o�v'e'm�ber7, 1994 Requested By: Gillf�tt Department: Public Works XXX Report Resolution Ordinance Exhibits: Price Quotation from Vulcan Materials on Aggregate for Surface Treatment SUMMARY & RECOMMENDATION Vulcan Materials Co. was declared a sole source supplier for aggregate for surface treatment by Council for the past year. The Purchasing Department has been unable to find another supplier for this material. Vulcan Materials Co. has supplied a quotation of $28.55 per ton for both PE-2 and PE-4 aggregate. This is a price increase of $1.60 per ton for PE- P and $1.10 per ton for PE-4 over the past year's cost. Staff recommends award of a Sole Source contract for the annual supply of Aggregate for Surface Treatment to Vulcan Materials Co. Additionally, Vulcan has agreed to hold this price for a two (2) year period. It is additionally recommended this award be for a two year contract period to end on 11-30-96. Using estimated yearly quantities, the annual cost of this contract would be $51,390.00 annually or a total contract cost of $102,780.00. Funds for this contract are budgeted in the Street Division 94/95 Operating Budget. Action Required by Council: Declare -Vulcan Materials Co. the sole source supplier for Aggregate for Surface Treatment and authorize a two (2) year contract in the amount of $28.55 per ton. 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 VULCAN MATERIALS CO FM 1022 TJVAL )B TX 78801 y 512-349-3311 3518 P.C.. 13O!X 791550 SAN ANTONIO. TEXAS 7B279-TSSO TO: QUOTATION c- ,TV o ILA Po p.--r j q DATE PERSON QUOTED PHONE NUMBER PRICE QUOTATION ON MATERIAL DELIVERED FROM OUR PLANT AS FOLLOWS: QUANTITY MATERIAL TYPE AND GRADE PRICE PER TON LESS TON F_O.B. PLANT T DISCOUNT' `1 o F_ $ PRICES WILL eE ESCALATED TO THE EXTENT OF PRICE INCREASES 8ASEO ON THE OIL NEEDED TO MANUFACTURE MATERIALS IN THIS BID, S TRUCK DELIVERY RAIL DELIVERY I NO. OF TRUCK HAUL PER TON TRUCK DMPNATiON AGLES TON RATE DELIVERED PRICE DESTINATION NO. OF RAILROAD PER TON RAIL CURS TON RATE DELIVERED PRICE DELIVERY CHARGES ARE BASED ON CURRENT RATES AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. PROJECT: Pp\l'c r'— , `a 0�to BID LETTING RATE: DELIVERY DATE; ��F MS: ACCOUNTS DUE AND PAYABLE IN SAN ANTONip, BEXAR COUNTY, TEXAS, ON ORBEFORE THr=12TH OF THE MONTFtLOWf C THE MONTH OF SHIPMENT.CASH DISGf)t ITdT \BID LETTING DATE: bELIVERY DATE: —. TERMS: ACCOUNTS DUE AND PAYABLE IN SAN ANTONIO, BEXAR COUNTY, TEXAS, ON OR BEFORE THE 12TH OF THE MONTH FOLLOWING THE MONTH OF SHIPMENT. `CASH DISCOUNT INDICATED WILL BE ALLOWED IF PAID ON OR BEFORE THE 10TH OF THE MONTH FOLLOWING SHIPMENT. THESE PRICES APPLY ONLY TO MATERIAL SHIPPED TO THE ABOVE DESCRIBED JOB AND EXPIRE AT THE END OF (30) DAYS UNLESS COVERED BY A SIGNED CONTRACT. R f� i L s aol�ANr BY: