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HomeMy WebLinkAbout1995-01-09 Regular Meeting~ s • MINUTES OF THE REGULAR MEETING OF LA PORTS CITY COUNCIL JANUARY 9, 1995 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 (Councilperson Alton Porter was seated at the Council table at 6:33 P.M. and did not vote on any of the agenda items.) 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, Director of Administrative Services Louis Rigby, Purchasing Agent Susan Kelley, Director of Public Works Steve Gillett, Assistant Finance Director Cynthia Alexander Others Present: Several La Porte citizens 2. INVOCATION BY COUNCILPERSON McLAUGHLIN The invocation was given by Councilperson McLaughlin. 3. CONSIDER APPROVING MINUTES OF PUBLIC HEARING AND REGULAR MEETING OF LA PORTS CITY COUNCIL DECEMBER 12, 1994 Motion was made by Councilperson Maxwell to aAArove the minutes of the Public Hearing and Regular Meeting held on December 12. 1994, as corrected by Councilperson Thrower. Second by Councilperson Thrower. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL A. JOHN FISHER - DISTRICT RECYCLE COORDINATOR Mr. John Fisher called and canceled his request to speak. Minutes Regular Meeting La Porte City Council January 9, 1995, Page 2 Derrell Burke, 1301 Bayshore Drive, La Porte, spoke as a representative of the Bayshore Civic Association. He spoke regarding the petition filed on January 6, 1995, with the office of the City Secretary. The petition asks the City Council to repeal Ordinance 94-1994, an ordinance concerning acquisition of certain real property for public purposes. (Seabreeze Sailing Club/Beasley Property). Mr. Burke voiced the objection of the Bayshore Civic Association and other homeowners to the acquisition of this referenced property. 5. CONSIDER AN ORDINANCE FINDING THE NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES; AUTHORIZING THE EXERCISE OF OPTION AGREEMENT DATED JULY 11, 1994 AND THE PURCHASE OF SAID REAL PROPERTY; AUTHORIZING THE ISSUANCE OF THE CITY OF LA PORTE' S $575 , 000.00 PROMISSORY NOTE jOrd. 95-2010) - R.T. Herrera City Manager Robert T. Herrera reviewed for Council the process which the City Secretary must follow, per the City Charter, to verify the validity of the petition. The time limit for this is approximately twenty days. Mr. Herrera asked that his item be tabled until the next regular City Council meeting giving time for the City Secretary to report her findings to the City Council. Motion was made by Councilperson Clarke to .table Item 5. Second by Councilperson Maxwell. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None 6. CONSIDER A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR FUNDING TO THE CITY OF LA PORTE TEXAS FOR A PROGRAM KNOWN AS KINDERGARTEN THROUGH FOURTH GRADE D.A.R.E. EXPANSION (Res. 95-01) - B. Powell Police Chief Bobby Powell reviewed with Council the request to continue the Grant through HGAC for the K-4 D.A.R.E program in La Porte Independent School District. City Attorney read: RESOLUTION 95-01 - A RESOLUTION BY THE CITY COUNCIL OF THE CITY'OF LA PORTE, TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR FUNDING TO THE CITY OF LA PORTE, TEXAS, FOR A PROGRAM KNOWN AS: KINDERGARTEN THROUGH FOURTH GRADE Minutes Regular Meeting La Porte City Council January 9, 1995, Page 3 D.A.R.E. EXPANSION. Motion was made by Councilperson Gay to approve Resolution 95- 01 as read by the City Attorney. Second by Councilperson Thrower. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None 7. CONSIDER AUTHORIZING DIRECTOR OF FINANCE TO AMEND VARIOUS OPERATING BUDGETS - J. Litchfield Director of Finance Jeff Litchfield reviewed the request and asked Council to authorize and instruct the Director of Finance to amend the various operating budgets for outstanding purchase orders. Motion was made by Councilperson Sutherland to authorize the Director of Finance to amend the budget. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None 8. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR DISCUSSION A. CONSIDER AWARDING BIDS FOR NEW AND REPLACEMENT VEHICLES S. Gillett B. CONSIDER AWARDING BID FOR THE ANNUAL SUPPLY OF TIRES - S. Gillett C. CONSIDER AWARDING BID FOR TESTING WATER METERS TO ACCURATE WATER METER COMPANY - S. Gillett D. CONSIDER AWARDING A BID TO REPLACE CARPET AT THE EDITH WILSON LIBRARY TO NELSON'S FLOORS - S. Barr Director of Public Works Steve Gillett and Director of Parks and Recreation Stephen Barr reviewed the recommendations for the award considerations. Motion was made by Councilperson Sutherland to approve the Consent Agenda as presented. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. ® e Minutes Regular Meeting La Porte City Council January 9, 1995, Page 4 Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None (Councilperson Porter was seated at the Council table at 6:33 P.M.) 9. ADMINISTRATIVE REPORTS A. SCHEDULING A WORKSHOP MEETING FOR JANUARY 30th B. PROPOSED LAND APPLICATION OF SLUDGE NEAR THE .INTERSECTION OF UNDERWOOD ROAD AND FAIRMONT PARKWAY City Manager Robert T. Herrera brought Council's attention to some items which should be brought to a workshop meeting. He suggested a meeting date of January 30th and Council concurred. Mr. Herrera stated he would like to address Council regarding the application of sludge near the intersection of Underwood Road and Fairmont Parkway at Councilperson Cooper's request. He asked Director of Public Works Steve Gillett to assist him in giving this report. The report indicates Magna-Flow Environmental has submitted an application to The Texas Natural Resource Conservation Commission (TNRCC) for a proposed land application of sludge. Mr. Herrera stated, "The point of tonight's report is to let Council know we as a staff have some reservations, and we believe that one of the criteria that was missed by the TNRCC is they did not notify the City of La Porte that this application was being considered in our City limits/ETJ." Mr. Herrera suggested the City might write a letter to the TNRCC stating the City would be interested in hosting a public hearing on behalf of the Commission so that residents could respond to the application. He also suggested the City might write to the land owner, Chevron USA, as well as the applicant, Magna-Flow Environmental, voicing the City's concerns. Council concurred with Mr. Herrera's suggestion. 10. COUNCIL ACTION Councilpersons Sutherland, McLaughlin, Porter, and Gay brought items to Council attention. 11. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, GOVT. CODE, VERNON'S TEXAS CODES ANNOTATED, - (CONSULTATION WITH ATTORNEYi DELIBERATION REGARDING REAL PROPERTY. DELIBERATION REGARDING Minutes Regular Meeting La Porte City Council January 9, 1995, Page 5 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) Council retired into executive session at 6:45 P.M. under Open Meeting Law, 551.072 - Land Acquisition - to discuss the purchase of real property. Council returned to the table at 7:44 P.M. no action taken. 12. ADJOURNMENT There being no further business to come before Council the meeting duly adjourned at 7:45 P.M. Respectfully su witted, Sue Lenes, City Secretary Passed and Approved this the 23rd day of January, 1995 N rman L. Malone, Mayor ® • 0 • ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORT E, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG January 3, 1995 Mr. Robert T. Herrera City Manager City of La Porte City Hall La Porte, Texas Dear Bob: TELEPHONE 713 471-1886 TELECO PIER 713 471-2047 The City of La Porte entered into an option agreement with Harold P. Pfeiffer, for the purchase of certain real property in the City of La Porte, by Ordinance No. 94-1994, passed and approved August 8, 1994. Subsequent to the passage of the ordinance, the City paid Mr. Pfeiffer $100,000.00 cash as option money, to be fully applied to the purchase price. I enclose for consideration by City Council at its meeting of January 9, 1995, proposed Ordinance No. 95-2010, which exercises the purchase option and authorizes the purchase of the property and the delivery of the promissory note attached to the ordinance as Exhibit "A". I also enclose copy of the proposed warranty deed from Mr. Pfeiffer to the City of La Porte; copy of title examination dated December 13, 1994, by The Research Staff, Inc., showing no liens or encumbrances against the property; and copy of proposed opinion letter to be signed by M. Paul Martin, Bond Attorney, and delivered to Mr. Pfeiffer at closing. You very truly, KWA:sw Enclosures cc: Mr. Jeff Litchfield Director of Finance City of La Porte Mr. H.P. Pfeiffer 619 Brownell La Porte, TX 77571 Knox W. Askins City Attorney City of La Porte Mr. M. Paul Martin Akin, Gump, Strauss, Hauer & Feld, L.L.P. 1500 NationsBank Plaza 300 Convent Street San Antonio, TX 78205 ORDINANCE NO. 95-2010 AN ORDINANCE FINDING THE NECESSITY FOR THE. ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES; AUTHORIZING THE EXERCISE OF OPTION AGREEMENT DATED JULY 11, 1994, AND THE PURCHASE OF SAID REAL PROPERTY; AUTHORIZING THE ISSUANCE OF THE CITY OF LA PORTE'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 PORTE: Section 1. The City Council of the City of La Porte (the "City") has heretofore, by its Ordinance No. 94-1994, passed and approved August 8, 1994, authorized 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, Texas, more particularly described in said option agreement, to be utilized by the City of La Porte for public purposes (the "Property"). Section 2. The City Council hereby authorizes the exercise of the purchase option contained in the said option agreement dated July 11, 1994, and the purchase of the Property on the terms and conditions therein stated. Section 3. The City Council, as a portion of the consideration to be paid -for the purchase of the Property, and in accordance with Article 717w, Vernon's Texas Civil Statutes, hereby authorizes the execution and delivery of the City's promissory note (the "Note") in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. The Mayor of the City is authorized to execute the Note on behalf of the Gity, 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 a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to 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 a 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 rate 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 tax 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 Note, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment within the limit prescribed by law. ORDINANCE NO. 95-2010 PAGE2 Section 5. The City Council covenants to take any action or refrain from any action which would adversely affect the treatment of the Note as an obligation described in 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 thereto, 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 propose 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 ORDINANCE NO. 95-2010 PAGE3 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. 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 APP V D: Knox W. Askins, City Attorney 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: Reduction Payment Payment Interest in Outstanding Date Amount Amount Principal Balance $575,000.00 08/10/95 $111,480.07 $25,875.00 $85,605.07 489,394.93 08/10/96 111,480.07 22,022.77 89,457.30 399,937.63 08/10/97 111,480.07 17,977.19 93,482.88 306,454.75 08/10/98 111,480.07 13,790.46 97,689.61 208,765.14 08/10/99 111,480.07 9,394.43 102,085.64 106,679.50 08/10/00 111,480.07_ 4,800.58 106,679.50 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 EXH l B IT A 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. 95-2010 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 C~ • 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. ATTEST: Sue Lenes City Secretary CITY OF LA PORTE By: - Norir(an' L . Malone Mayor 3 !J ~. Date: Grantor: Mailing Address: Grantee: Mailing Address: WARRANTY DEED January 10, 1995 Harold P. Pfieffer e 619 Brownell, La Porte, TX 77571 City of La Porte, a municipal corporation P.O. Box 1115, La Porte, TX 77572 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): 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. Reservations from and Exception to Conveyance and Warranty: Taxes for the current year have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs; executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. STATE OF TEXAS { { COUNTY OF HARRIS { Harold P. Pfeiffer This instrument was acknowledged before me on the day of January, 1995, by Harold P. Pfeiffer. AFTER RECORDING RETURN TO: ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 Notary Public, State of Texas PREPARED IN THE LAW OFFICE OF: ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 DEG 27 '94 12~5r THE RES~H STAFP 688-3584 • P.2 i~: THE RESEARCH $T.AFF, INC. 57:18' Hewitt Houston; Texas 77092 Telephone (713) 688-3584 facsimile (T13) 688-1121 ~ s Run Date: 12/27/94 ~~ ~ 91440 ASKINS & ARMSTRONG, P. C. 7.02 W. FAIRMONT PARKWAY P. 0. BOX 1218 LA PORTE, TEXAS 77572-127.8 - - - ---`..,~ PROP~RTX REPORT - CERTIFICATION DATE: DECEMBER 13, 1994 r~ 5:00 PM File No.: 941216.03 Pursuant to your request ure have searched the records of the County Clerk of HARRIS County; Texas, as to the following described property - LEGAL DESCRrp7'roN TRACT ONE: Lots 1-5, both inclusive, in SAILOR'S COVE SUBDIVISION, a 2.209 acre tract, being a resubdivision of part of Lot 1$, W.B. LAWRENCE 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. ~'~i= 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. S~"A2"LMENT OF OWNERSHIP: and that the records reflect that the last conveyance of title on the above property is in the name of Harold P. Pfeiffer, by WARRANTY DEED Grantor(s) Imogen B. Macneil, a widow Executed on 01/06/87 Filed on 01/07/87 County Clerk's File No.::K910150 [Film Code #069-69-1997}. Covering: 3.105 acres comprising part of Lot 18, W.B. Lawrence Subdivision and Beazley. Homestead Tract being all. of Lots 7 & 8 of Bayshore Block, Bayshore Park Subdivision, Johnson Hunter Survey, Abstract 35 VALUE ~7AX Rt7LLSJ' 1'N1~'ORI~IATl'ON: Istatus of payment of taxes HAS NOT been reviewedl ABSTRACT OF DCICUr~iENTS Subject to outstanding mortgage(s) and other documents executed by sa~.d party/parties beginning JANUARY 07, 1987 as follows: tcontinued} '~~E ,,, : ~~ 1 +~t DEC 27 '94 1c~58 THE RESH STAFF 588-858=1 0 F. THE RESEARCH STAFF, INC. PROPERTY REPORT -~ CER'T'IFICATION DATE: DECEMBER 13, 1994 @ 5:00 PM File No.: 941216.03 WARRANTY DEED to Harold P. Pfeiffer Grantor(s) Imogen B. MacNeil, a widow Executed on 01/06/87 Filed on 01/07/87 County Clerk's File No. :: K910150 [Film Code #069-69-1997] Covering; 3.105 acres comprising part of Lot 18, W.B. Lawrence Subdivision and Beazley Homestead Tract being alJ. of Lots 7 & 8 of Bayshore Bloc3~:, Bayshore Park Subdivision, Johnson Hunter Survey, Abstract 35 Remarks: The vendor's lien has been released PEI7SONAL LILc11rS AFFECTING PR~PEI2TY: Except as set forth herein, we find no outstanding Abstracts of Judgment or Federal Tax Liens against [10 year search] the following names: Harold P. Pfeiffer STATE AND FEDERAL TAX LIEN(S): None located in the records reviewed ABSTRACTED JUDGMENT LIENS: .None located in the records reviewed This Certificate is issued with the express understanding, evidenced by acceptance of same, that the undersigned does riot undertake to give or express any opinion as to the validity of the title to the property described above, but is reporting herein as to the instruments found of record pertaining to said praperty, and it is expressly understood and agreed Chat this Certificate is not a guaranty nor warranty of title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid.for same. This report is issued for the use of and shall inure to the benefit of Client (addressee} herein and is issued for the consideration of the amount. paid to, or to be paid to, The Research Staff, Inc. by Client anti to whom said sum shall be returned as agreed liquidated damages in the event of 'any mistakes therein, and by accepting this certificate Client agrees that said sum and no more shall constitute the full measure of damage against The Research Staff, Inc. Information provided is guaranteed to be as accurate as reasonable care can make it as of the certification date and we assume no responsibility for updating the information unless pursuant to a specific request_ The subject property may be subject to easements, restrictions, special assessments, and reservations, if any, of record. No search has been made as to property taxes or UCC filings. very truly yours, THE RESEARCH STAFF, INC. Carla B. Wilson, Vice President 2 ------ ,. ~`~~ I;~~. f: ~Y 1 -; .? ~ .~ ~~ !e I 1 v • DRAFT OF 12x18/94 (LETTERHEAD OF AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P.) Mr. Harold P. Pfeiffer City of La Porte 619 Brownell 604 West Fairmont La Porte, TX 77571 _ La Porte, Tezas 77571 January 10, 1994 _ CITY OF LA PORTE, TEXAS PROMISSORY NOTE, dated January 10, 1994 IN THE PRINCIPAL AMOUNT OF $575,000 WE HAVE ACTED AS "BOND COUNSEL" for City of La Porte, Tezas (the "City"), the issuer of the note described above (the "Note") for the sole purpose of rendering an opinion with respect to the legality and validity of the Note under the Constitution and the laws of the State of Texas and the exclusion from gross income of the interest on the Note for federal income tax purposes, and for no other purpose. WE HAVE EXAMINED the applicable and pertinent provisions of the Constitution and laws of the State of Tezas; an ordinance of the City Council of the City (the "Council") authorizing the Note adopted on January 9, 1995 (the "Ordinance") and other pertinent instruments authorizing and relating to the issuance of the Note. In such examination, we have assumed the authenticity of all documents submitted to us as originals, the conformity to original copies of all documents submitted to us as certified copies, and the truth and accuracy of the statements contained in such documents. We have also examined applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code"), court decisions, Treasury Regulations, and published rulings of the Internal Revenue Service as we have deemed relevant. We have also examined a photocopy of the executed Note. BASED ON SAID EXAMINATION IT IS OUR OPINION THAT the Note has been authorized, issued, and delivered in accordance with law; the Note constitutes a valid and legally binding obligation of the City enforceable in accordance with its terms except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium, liquidation, and other similar laws now or hereafter enacted relating to creditors' rights generally; and the Note constitutes a valid and legally binding obligation of the City secured by and payable, together with other obligations, from the collection of ad valorem taxes by the City. IN OUR OPINION, except as discussed below, the interest on the Note is excludable from the gross income of the owners for federal income tax purposes under the statutes, regulations, published rulings, and court decisions existing on the date of this opinion. We are further of the opinion that the Note is not a "private activity bond" and that, accordingly, interest on the Note will not be included as an individual or corporate alternative minimum tax preference item under section 57(a)(5) of the Code. In expressing the aforementioned opinions, we have relied on, and assume compliance by the City with, certain representations and covenants regarding the use and investment of the proceeds of the Note. We call your attention to the fact that failure by the City to comply with such representations and covenants may cause the interest on the Note to become includable in gross income retroactively to the date of issuance of the Note. We call your attention to the fact that the interest on tax-exempt obligations, such as the Note, is included as an adjustment for book income or adjusted earnings and profits to calculate Page 1 of 2 pages ~ • alternative minimum taxable income for purposes of determining the alternative minimum tax imposed on corporations by section 55 of the Code and for purposes of the environmental tax imposed on corporations by section 59A of the Code. OWNERS OF THE NOTE SHOULD BE AWARE that the ownership of tax-exempt obligations may result in collateral federal income tax consequences to owners which are financial institutions, life insurance and property and casualty insurance companies, certtin S corporations with Subchapter C earnings and profits, individual recipients of Social Security or Railroad Retirement benefits, and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry tax-exempt obligations. In addition, certain foreign corporations doing business in the United States may be subject to the "branch profits tax" on their effectively-connected earnings and profits (including tax-exempt interest such as interest on the Note). EXCEPT AS STATED ABOVE, we express no opinion as to any other federal, state, or local income tax consequences of acquiring, carrying, owning, or disposing of the Note. . Respectfully submitted, Page 2 of 2 pages REQL~ST FOR CITY COUNCIL AGEND~TEM Agenda Date Requested: January 9, 1995 Requested By: Bobby L. Powell ~ Department: Police Report X Resolution Ordinance Exhibits: Resolution SUMMARY & RECOMMENDATION The Police Department is requesting permission to continue the Grant through HGAC for the K-4 DARE Program in LPISD. We are asking for a Resolution from Council to participate in the grant for the year 1995-96. Before the Grant can be turned in for review, we must forward a resolution approved by Council to participate in the grant. House Bill 16.540 provides for funding for Juvenile Justice And Delinquency Prevention Act. We are only requesting personnel cost for this year which will be on a 40-60% basis of the original grant. Our cost for this year is about 60.3% of the total grant, figuring the cost of the Officer's salary plus raise and benefits. The amount for the fifth sequential year will be shared on a 20/80% basis of the original grant. The cost for the year 1995-96 are listed: CJD CITY Personnel $16,953 $26,858 Indirect 755 Subtotal $17,708 $26,858 Total Grant Request $ 44,566 Action Required by Council: Approve Resolution as submitted ALTERNATIVE: Rewrite Resolution for approval Availability of Funds: X General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (None required) Account Number: 001-502-508-101 Funds Available: YES NO **Funds will be requested in 1995-96 Budget. Aaproved for City Council Agenda Qo~~~- T- I~~.e~ I ~ 5 - 9 ~ Robert T. Herrera DATE City Manager RESOLUTION NO. 95 - Ol A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AIITHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR FUNDING TO THE CITY OF LA PORTE, TEXAS, FOR A PROGRAM KNOWN AS: KINDERGARTEN THROUGH FOURTH .GRADE D.A.R.E. EXPANSION. WHEREAS, THE CITY COUNCIL OF THE CITY OF La Porte, Texas, have the moral obligation to the citizens and taxpayers of the City of La Porte, Texas, to ensure a drug free living, working and learning environment in the most efficient and coordinated way possible; and WHEREAS, the Council is aware that there are limited funds available to operate drug abuse and awareness education programs; and WHEREAS, the Council feels that the Drug Abuse Resistance Education Program that has been established in the La Porte Independent School District is a viable, workable and desirable way to further our goal of a drug-free community and will enhance the DARE PROGRAM now in place in the City of La Porte, Texas, for all children and adults alike; and WHEREAS, the Council believes that an expansion of the DARE program to grades K-4 has enhanced and improved the effectiveness of the DARE program; and WHEREAS, the opportunity exists to fund an expansion of the DARE program in our community through the Office of the Governor of the State of Texas, Criminal Justice Division; NOW, THEREFORE BE IT RESOLVED, by the Council of the City of La Porte, Texas, that the city submit a grant request to the Office of the Governor of Texas, Criminal Justice Division, to assist in the funding for the expansion of the DARE program. PASSED AND APPROVED, this 9th day of January ,1995. County of Harris Texas ~~~ Nor an Malone, Mayor ATTEST: <~ City Secretary '~ • QUEST FOR CITY COUNCIL AGENDA ~M AGENDA DATE January 9, 1995 REQUESTED BY Jeff Litchfield Finance X REPORT; RESOLUTION; ORDINANCE; EXHIBITS: SUMMARY AND RECOMMENDATION The City's fiscal year ended September 30, 1994. At that time, there were 36 outstanding purchase orders. The purchase orders represent goods that were ordered and budgeted funds that were committed to procure items necessary to operate the City. We need to re-establish these items for the new fiscal year. This action will have no effect on the working capital of the various funds. A breakdown of the "open" purchase orders by operating fund are as follows: Fund Number Amount General Fund 28 $ 34,118 Utility Fund 4 1,457 Sylvan Beach Fund 2 5,388 Water Authority 1 319 Golf Course 1 4,775 Total 36 $ 46,057 The above amendments will not have an impact on the projected working capital balances for the year because they were aZZ projected to be expended in the last fiscal year. ACTION REQUIRED BY COUNCIL: Instruct the Director of Finance to amend the various operating budgets for outstanding purchase orders. FUND VARIOUS ACCT NUM: VARIOUS FUNDS AVAILABLE: YES APPROVED FOR CITY COUNCIL AGENDA T ~~e.~-tom 1 - 5 - ~ ROBERT T HERRERA DATE CITY MANAGER RE ST FOR CITY COUNCIL AGEND TEM Agenda Date Requested: January 9, 1995 Requested By: S. Gillett ~ Department: Public Works XXXX Report Resolution Ordinance Exhibits: Bid Tabulation Bidder's List SUMMARY & RECOMMENDATION Sealed bids were received on December 27, 1994 for various vehicle replacements and one additional patrol vehicle. Bids were sent to thirteen vendors, with four returning bids. Low bids meeting specifications on each vehicle(s) were submitted as follows. Vehicle Replacements Description Low Bidder No. Unit Price Total Price 4-Door Sedan McBee Ford 1 $13,145.00 $ 13,145.00 Detective Knapp Chev 2 16,199.00 32,398.00 Patrol Knapp Chev 4 16,699.00 66,796.00 Supt PU AC Collins 3 12,814.00 38,442.00 Crew PU AC Collins 2 12,153.00 24,306.00 1 Ton Crew Knapp Chev 1 18,891.00 18,891.00 15-Pass Van McBee Ford 1 19,611.65 19,611.65 Total Low Bid $213,589.65 A total of $204,000 was budgeted in the Motor Pool Replacement Fund for the purchase of these vehicles. This is $9,589.65 less than the total bid amount. This is primarily due to increases over last year's pricing that exceeded prior years' increases.. The additional funds needed are available in the Motor Pool Replacement Fund, and will be recovered through increased lease fees in future budgets. One additional patrol vehicle was budgeted in the Police Patrol Division. Low bid for this vehicle, with optional equipment, was submitted by Knapp Chevrolet in the amount of $19,166.45. A total of $20,000 was budgeted for this purchase. Action Required by Council: Award bids for vehicles to low bidders as outlined above, for a total cost of $232,756.10. Availability of Funds: XXXX General Fund Capital Improvement XXXX Other Motor Pool Replacement 001-502-503-850 Account Number: Motor Pool Water/Wastewater General Revenue Sharing Funds Available: XX YES NO Approved for City Council Agenda Q T. -~ ~ - 5-grj Robert T. Herrera DATE City Manager O • BID TABULATION =VEHICLES 1: Intermediate Size .$13;145:00 $13;280.00 $14;199:00 $15;326:79 4 Door Sedan (1) 2. Full Slze Sedan $16,700.00 $16,372.00 $16,199.00 No Bld w/Police Pkg (2) 3. Police Patrol (5) $17,158.OU $17,178.00 $16,699.00 No Bid Options: ~3A. Motorola Radio $2,490.90 $2,176.00 $1,620.45 3B. Light Bar $0.00 $1,500.00 $497.00 '~,3C. Plexiglass Partition $430.00 $475.00 $350.00 Total w/Options i $20,678.90 $21,328.00 $19,166.4b No Bid Ii4. 1/2 Ton PIU $12,898.38 $12,814.A0 $13,199.00 $13,962.60 "taiitFi A/C Si FM (3) 5. 1/2 Ton P/U $12,244.88 $12,153.00 $12,591.00 $13,392.60 w/o A/C 8c FM (2) 6. 1 Ton Cab Chassis $19,137.38 $19,459.00 $18,891.00 No Bid 1tNISeNIGE Body (1) 7. 15 Passenger Van(1) $19,611.65 $21,252.00 $20,599.00 No Bid Option: 7A: 12 Passenger Van (1) I $18;561:65 $20;977:00 I $19;315:00 I No Bid x BIDDER'S LIST 3SALSD-BID #0627 VEHICLES LES MARKS CHEVROLET P.O. BOX 1119 LA PORTE, TX 77572 JOE CAMP FORD 621 HWY 146 SOUTH LA PORTE, TX 77571 JACK ROACH - FORD 2727 SOUTHWEST FREEWAY HOUSTON, TX 77098 MCREE FORD INC. P.O. BOX 577 DICKINSON, TX 77539 COURTESY CHEVROLET GEO 77'77 KATY FREEWAY HOUSTON, TX 77024 KNAPP CHEVROLET P.O. BOX 4179 HOUSTON, TX 77210 RON CRAFT CHEVROLET/OLDS 3401. NORTH MAIN BAYTOWN, TX 77521 BOB PAGAN FORD 7626 BROADWAY GALVESTON, TX 77553 TIMMERS CHEVROLET 816 W. PASADENA FWY PASADENA, TX 77506 CASA FORD 4701 I-10 EAST . BAYTOWN, TX 77521 CHARLIE THOMAS FORD P.O. BOX 266407 HOUSTON, TX 77207 BAYOU CITY FORD 3625 EASTEX FREEWAY HOUSTON, TX 77226 A.C. COLLINS FORD 1831 SOUTH RICHEY PASADENA, TX 77502 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572m0996 BAYSHORE SUN PUBLISH DATES: DECEMBER 11, 1994 DECEMBER 18, 1994 RE T FOR CITY COUNCIL AGEND TEM Agenda Date Requested: January 9, 1995 Requested By: Steve Gillett Department: Public Works XXX Report Resolution Ordinance Exhibits: Bid Recap Sealed Bids #0622 - Tires SUMMARY & RECOMMENDATION Advertised, sealed bids #0622 for the annual supply of tires were opened and read on December 19, 1994. Bid requests were mailed to fifteen (15) vendors with five (5) returning bids. Low bid meeting specifications on various sections were submitted as follows: Section 1 - Small Tires A to Z Tire Company Section 2 - Heavy Truck, Tractor, & Special Applications GCR Truck Tire Co. Section 3 - Rad. Recap w/Casing GCR Truck Tire Co. Section 4 - Recap Only A to Z Tire Company Staff recommends award of bids for Sections 1 & 4 to A to Z Tire Co., low bid meeting specifications. It is recommended Sections 2 & 3 be awarded to GCR Truck Tire Co., low bid meeting specifications for these sections. Using estimated yearly quantities, the contract to A to Z Tire Co. would be $26,257.00 and to GCR Truck Tire Co. $43,111.02 for a total cost of $69,368.02. Adequate funds for these purchases were budgeted in the Equipment Services 94/95 Operating Budget. Action Required by Council: Award bid for Items 1 & 4 to A to Z Tire Co., low bidder meeting specifications and Items 2 & 3 to GCR Truck Tire Co., low bidder meeting specifications. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing XXX Other Eq uipment Services Operating Budget 024-700-704-240: Account Number: 024-700-704-995 Funds Available: XX YES NO Approved for City Council Agenda ~c~-~•.k ~T• ~,:er.,•. ~...~ 1 ' 5-95 __~__. Robert T. Herrera DATE City Manager BID TABULATION -TIRES C: ' ,` GCI~ I"l~Itjt~C A T~ r LA P~RTE ~ILEY SEF~VISErrEE`I' ' ~ ~ DESCRII'T!t)[t# _. ~ - ~ TIDE } : > TlR~ -.. --~- ~ T6RI~ -- ,. TIRE' ~ ~ TIDE ~ S€CTION #1 -SMALL TIRE-~ 1 - ITEM #1. -POLICE SPECIAL RADIAL ~ i ~ A P225/70 i~R 15 Black (200) $45.21 $43.00 $51.04 $50.82 $50.82 SUB-TOTAL $9;042.00 $8,600.00 $10,208.00 $10,164.00 $10,164.00 ITEM #2 =CAR TIRES - - - -- B P205170 R 15 Black (100) $40.74 $40.00 $46.17 $42.82 $42.82 SUB TOTAL $4,074.00 $4,000.00 $4,617.00 $4,282.00 $4,282.00 ITEM #3 -PICKUP TIRES A. ,P235/75R 15 (40) $50.50. $43.00 $42.01 $49.72 $53.79 B. LT215/85R16 Street {20} $61.51 $68.00 $59.38 $66.31 $66.31 C. LT215/85R16 Street (10) $61.51 $68.00 $89.41 $66.31 $66.31 D: 23S/~5R16 Street (15) $65.82 $74.00 $93.48 $73.55 $70.81 SU®TOTAL $4,852.60 $4,870.00 $5,164.30 '$5,082.85 $5,203.05 ,:::` :< ..::.::::°. ": $EI~~T . ...: #..: ~,....L. .:. , , ,.:.$... ~8&B.S4 . .: $a 7,~4700€~ . ...: ~13i9~ ~,.. : ~~9,:~28 85 :$19,649 ~6:. SECTION #2 - HEAW TRUCK, TRACTO AND SPECIAL APPLICATION TIRES ITERA #1 -GRADER TIRES -TUBE A. 14.00 x 24 - 10 Ply (4) $276.17 $243.50 $330.93 $294.28 $311.12 B. 1,7.50 x 25 - 12 Ply {2} $375:54 $377.00 $435.36 $375.54 $435.56 SUBTOTAL $1;855.76 $1,728.00 $2,194.44 $1,928.20 $2,115.60 ITEM #2 =FARM TRACTOR TIRES=TUB A. 11 L - 15 (8) $38.81 $42.00 $40.08 $76.46 $38.81 B. 11 L - 16 (8) ~ $85.36 $69.00 $61.49 $87.36 $85.36 ~ C. 13.6 - 16.1 (4) $203:76 $177.00 $172.14 $205.76 $02.61 '~ D: 16:9 x 24 Tubeless (6) $242:04 $220:50 $253:79 $266:31 $242:04 SUBTOTAL $3,260.64 $2,919.00 $3,023.86 $3,731.46 $3,256.04 'ITEM ,#3 -TRUCK -STREET TUBELESS ~ I I A. 3~5 - 65R x 22.5 (8) I $387.90 ~ $303.50 i $263.95. I $386.29 i $411.82 SUB TQT'A~ $3,103.20 $2,428.00 , $2,111.60 . $3,090.32` $3,294.56 _ _- _ _ _ _ y:, q t °'t"sir- ©~a7VRl~ 110 ....._.<.-- ITEM #4 - SMALL TRACTOR TIRES A. 25 - 8.50 - 14 TURF TIRE (8) SUB TOTAL R€M #5 -TRUCK TIRES - LUGG€R A. 10.00x20 14 Ply (120) B. 11.00x20 14 Ply (15) C. 11 R x 22.5 14 Pty (6) SUB TOTAL ITEM #6 -TRUCK TIRES -HIGHWAY ~I A. ,8.25x20 (6) 'i B.'10.00 X Za (20) SUB TOTAL SECTION #3 - RAD. RECAP VVICASING ITEM #1 -TRUCK TIRES - RADIAL TUE A: 10:00x20 14 Ply (50) B. ~ 1.00 x 20 14 Ply (6) 'S€CTION #4 - R€CAP ONLY ITEM #1 -TRUCK TIRES -RADIAL A. 10.00x20 14 Ply (80) B. 11.00x20 14 Ply (6) • • $53.07 NO BID NO BID $55.07 $53.07 $424.56 NO BID NO BID $440.56 $424.56 $140.46 $173.50 $181.61 $229.00 $246.49 $150.76 $208.50 $199.98 $286.90 $340.62 $186.70 $188.50 $180.22 $233.09 $231.41 $20,236.80 $25,078.50 $25,874.22 $33,182.04 $36,076.56 $1.60.41 I $136.00 $142.25 $03.83 $195.03 $166.50 $175.39 $203.62 $4,863.06 $4,146.00 $4,361.30 $5,295.38 $167:00 $170:00 $.169.50 $178.17 $102.00 $90.15 $104.50 $98.17 NO BID $173:95 NO BID $209.95 $109.90 $107.93 $115.90 $119.95 $188.59 $211.68 $5,365.14 $183:33 $189.45 $93.33 $95.45 i ~ = SIDDSR'3 LIST A TO Z TIRE 382 W. MAIN LEAGUE CITY, TX 77573 AMERICAN WHEEL & TIRE 14626 HEMPSTEAD HWY. HOUSTON, TX 77040 BEASLEY TIRE SERVICE P.O. BOX 11556 HOUSTON, TX 77293 DISCOUNT TIRE 7304 SPENCER HWY. PASADENA, TX ?7505 DORSETT'S TIRE CENTER 6630 SPENCER PASADENA, TX 77505 SERVISFLEET TRUCK TIRE 5901 GRIGG3 RD. HOUSTON, TX 77023 SNIDER TIRE :4545 MOSSFORD DR. HOUSTON, TX 77087 ;MICHELIN TIRE CORP. 100 DONWICK DR .. CONROE, TX 77385 1-800_422-1682 ,CHAMBER OF COMMERCE P.O. BOX 996 LA ~PORTE, TX 775720996 SSALSD BID #0622 m TIRES J GCR HOUSTON TRUCK TIRE 5801 ARMOUR HOUSTON, TX 77020 GOODYEAR AUTO SERVICE. 4840 CENTER DEER PARK, TX 77536 GOODYEAR COMMERCIAL TIRE CENTER 4411 HOMESTEAD RD. HOUSTON, TX 77029 HTC TIRES & AUTOMOTIVE 12999 MURPHY RD., BLDG. A STAFFORD, TX 77477 LA PORTE TIRE CENTER 621 W. MAIN LA PORTE, TX 77571 STROUHAL'S TIRE & RECAPPING 3300 N. MCCARTY HOUSTON, TX 77029 WESTEN TIRE 201 E. MAIN LA PORTE, TX 77571 BAYSHORE SUN PUBLISHED DATES: DECEMBER 4, 1994 DECEMBER 11, 199.4 RE T FOR CITY COUNCIL AGEND TEM Agenda Date Requested: January 9, 1995 Requested By: Steve Gillett ~ Department: Public Works XXX Report Resolution Exhibits: Bid Recap Sealed Bids #0623 - Water Meter Testing SUMMARY & RECOMMENDATION Ordinance Advertised, sealed bids #0623 for the annual contract for testing water meters of various sizes were opened and read on December 19, 1994. Bid requests were mailed to five (5) vendors with two (2) returning bids. Low bid meeting specifications in all size categories of meter testing was submitted by Accurate Water Meter Co. Using estimated yearly quantities, ` this contract would cost $7,960.00. Staff recommends award of bid for the testing of water meters to Accurate Water Meter Co., low bidder meeting specifications. Adequate funds for this contract are budgeted in the Water Production Division 94/95 Operating Budget. Action Required by Council: Award bid for testing water meters to Accurate Water Meter Co., low bidder meeting specifications. Availability of Funds: General Fund XXX Water/Wastewater ,Capital Improvement General Revenue Sharing Other ;Account Number: 002-804-804-507 Funds Available: XX YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager - --_ ® • BID TABULATION =WATER METER TESTING METER TEST ONLY 1. 314" x 518" 2. 1 „ 3. 1-112" 4 2 •, 5. .~n 6. 4" 7 6„ 8. 8„ 9. 10" LABOR RATE PER HOU PARTS A~OV€/~€6OW SENSUS PRICE LIST $5.00 $15.00 $8.00 $25.00 $20.00 $40.00 $20.00 $50.00 $95.00 $150.00 ' $95.00 $175.00 $120.00 $200.00 $120.00 $225.00 $135.00 $300.00 $30.00 $7b.00 i 5 % B€69W 0 % I, REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: XXX Exhibits: 1. _ Department: Parks & Recreation Resolution Ordinance Bid Recap Sealed Bids #0624 -Library Carpet SUMMARY & RECOMMENDATION The City of La Porte has adverised for bids to replace the carpet in the Edith Wilson Library. The existing carpet is mildewed and in poor condition. The bid was submitted with 2 options. Option 1 included carpet installation, moving of books and shelves, and replacement of books and shelves by the contractor; Option 2 was for carpet installation only, with books and shelf movement and replacement to be accomplished by City forces. Bids were opened and read on December 9, 1994. Bid requests were mailed to eight vendors with one returning a bid. Nelson's Floors, which submitted the low bid meeting specifications for Option 1 at Thirteen Thousand, Thirty Seven Dollars and no cents (($13,037.00), and Option 2 at Eight Thousand, Three Hundred, Thirty-Seven Dollars and no cents ($8,337.00). The amount budgeted in the FY 94-95 budget for carpet replacement at the Edith Wilson Library is Ten Thousand, Eight Hundred Dollars ($10, 800.00). Staff recommends the award of Option 2 to Nelson's Floors, as overall bidder meeting specifications, and Option 2 being within budgeted funds for this project. Action Required by Council: Award bid for Option 2 to replace carpet at the Edith Wilson Library to Nelson's Floors, overall low bidder meeting specifications. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: 00/-Boo-9a~atiFunds Available: ~ YES NO Approved for City Council Agenda 1. l -5-a5 Robert T. Herrera Date City Manager ' t CITY OF LA PORTS INTER®OFFICE MEMORANDUM DECEMBER 17, 1994 T0: STEPHEN BARR,~~PARKS & RECREATION DIRECTOR FROM: SUSAN KELLEY',°~`-PURCHASING AGENT 3UBJ: SEALED BID ##0624 - LIBRARY CARPET Advertised, sealed bids #0624 - Library carpet were opened and read on December 19, 1994. Bid requests were mailed to eight (8) vendors with one (1) returning a bid. Nelson's Floors submitted the only bid in the following amounts: Option ##1 - $13, 037.00 Option##2 - $ 8, 337.00 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 p'~~4" y ' w • BIDD$R'S LIST WATER MBTBR TRBTING BID #0623 FLUID METER CORP. P.. O. BOX 1027 PEARLAND, TX 77588-1027 PSA 7800 BISSONNET, SUITE 350 HOUSTON, TX 77383 ACCURATE WATER METER SERVICE P.O. BOX 843 SPRING, TX 77383 SENSUS TECHNOLOGIES, INC. P.O. BOX 487 UNIONTOWN, PA 15401 COASTAL FLOW MEASUREMENT P.O. BOX 421 PASADENA, TX 77501 BAYSHORE SUN PUBLISHED DATES: DECEMBER 4, 1994 DECEMBER 11, 1994 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 m • LIBRARY CARPET BID #0624 REASONS WHY VENDORS DID NOT BID 1) A & B CARPET - Alfred would know, but is on vacation until first of next year. Larry thinks they were too busy at that time, because they were working on four other jobs. 2) SEXTON CARPETS - Response from Randy Sexton in the past: He does not have enough overhead to purchase that amount of carpet prior to payment. 3) SHERWIN WILLIAMS - Response from Robert: Terrell misread the date, thought it opened the next week. Requested we send all bids to his (Robert) attention. Would like to submit bid if we re-bid. 4) GULF BAY FLOORS - Called twice, Les not available. 5) NASA BUSINESS INTERIORS - No longer sells carpet. They now sell office materials and products. 6) MEK INTERIORS - Elaine Kidd was not sure why they didn't bid. She thought we had specified a carpet they could not get, but was not certain. Said if we re-bid, she would submit a bid. 7) STOMA FLOOR COVERING - They are getting out of carpet business and specializing in ceramic tile. ~,, 5 BIDDER'S LIST SFsALED BID # 0624 LIBRARY CARPET A & B CARPET 10416 SPENCER HWY LA PORTE, TX 77571 SEXTON CARPETS 600 HWY 146 N. LA PORTE, TX 77571 SHERWIN WILLIAMS 1411 ALEXANDER DR. BAYTOWN, TX 77520 NASA BUSINESS INTERIORS 100 E. NASA RD. 1 WEBSTER, TX 77598 NELSON FLOORS 7800 PARK PLACE BLVD. HOUSTON, TX 77087 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 GULF BAY FLOORS, INC. 16436 EL CAMINO REAL HOUSTON, TX 77062 MEK INTERIORS & FLOORS P.O. BOX 431511 HOUSTON, TX 77243 STOMA FLOOR COVERING P.O. BOX 800400 HOUSTON, TX 77280 BAYSHORE SUN PUBLISH DATES: DECEMBER 4, 1994 DECEMBER 11, 1994 ,' BID TABULATION =LIBRARY CARPET 1) OPTION #1 - ~}(~ITRACTOR NAOVE FURNffURE, ETC. $13,037.00 2) OPTION #2 -CITY iWOVE FURNfTURE, ETC. $8,337.00 • • ® for ~dwt ~ ~~~ r~ak~ cs-~ • ,l~.~l CITY OF LA PORTE ~~ v~s~ INTER OFFICE MEMORANDIIM ~~^ ' December 14, 1994 CITY c, ~ ~~9~ ~ FA E GER$ ~ TO: FROM: SIIBJECT• Robert T. Herrera, City Manager Steve Gillett, Director of Public Works Proposed Land Application of Sludge I have reviewed the attached documentation provided by Harris County Pollution Control regarding the application for a proposed beneficial use site registration for 1'and-=application~of .wastewater -:.. ... . treatinerit°and~water:::~treatment:.,plant ~sludge:j The proposed site is in the southwest corner of the intersection of Underwood Road and Fairmont Parkway. It is important to note that the application was declared administratively complete on November 4, 1994. The registration application differs from a permit application in that adjacent property owners are not required to be contacted. The Texas Natural Resource Conservation Commission is currently in the process of a technical review of the application. The time frame for the review is not known. However;~=~:_after~'~reviewLL=and' ..,~.,- ..... _..--- - --- -- -~,._. - .. _ . w._-..f._ _ . approval :by_ TNRCC:~staff;=~ the;applicant must post~_.,a."sign:;at;=the: site - -- - for,";thirty-_(30)_>:d'ays,,~advsi:ng„the ~public~: of~_;:the,~proposaa~? It:Y~is t d1ur,irig.;tYis;:;_30,~day°period,~that~a ~public._h<earing~ can:+:bew.r.equested. Skoulc~ -Ks C~ ft~wlr ~- 4.oc.r~/S w~~e~ -F~i.:S a~fi~a/ Ccc..~~( . This site is currently owned by Chevron USA, and is currently registered as a sludge disposal site (expires 6-94). Clear~`Lake-~ Watery'Authority„previously~;.used :the` site_.for sludge'_dsposal; _ but ~~stopped ~ several-- years ~ ago-==as= a - result of--- complaints_ : from R riearby:?~; residents. ~aa-F-~ ~ ~•P rt.«:~i--'R? ws~..~,- ,"sue-~.,~• ~~ The applicant, Magna-Flow Environmental, lists the City of Liberty (wastewater sludge) and Brazosport Water Authority (water treatment sludge) as sludge sources. The proposed sludge will meet Class B Pathogen Reduction Requirements, which are less stringent than Class A. Total solids content will be 2% or less. La Porte sludge has a solids content of 16-20%. The registration application lists the site as in the corporate city limits of Pasadena. However, the map submitted appears to show the disposal site in La Porte'~s ETJ. The application states that sludge will be incorporated into the soil only in the area of floodplain. Spreading sludge with 2% solid content or less without incorporation into the soil will likely cause odor problems similar to that experienced when CLWA utilized the site. ~ ~ Proposed Land Application of Sludge Page 2 Finally, also attached is a December 14, 1994 article from the Houston Post regarding a site in Katy. As you can see, Katy residents are not too happy about a proposed sludge site benefiting distant sludge generators (Tomball). If I can answer any questions, please advise. Attachment xc: John Joerns, Assistant City Manager Chuck Harrington, Director of Planning Buddy Jacobs, Assistant Director of Public Works