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Home My WebLink About1995-06-12 Public Hearing . e MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING OF LA PORTE CITY COUNCIL JUNE 12, 1995 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 P.M. Members of citv Council Present: Mayor Norman L. 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 citv staff and Emnlovees Present: City Attorney Knox Askins, Finance Director/Assistant City Manager Jeff Litchfield, Assistant Director of Finance Cynthia Alexander, Director of Admin- istrative Services Louis Rigby, Chief of Police Bobby Powell, Fire Chief Joe Sease, Director of Public Works Steve Gillett, Director of Parks and Recreation Stephen Barr, Building Official Mark Lewis, and Purchasing Agent Susan Kelley, Records Management Administrator Rita Lacey, Others Present: Helen Gordon - founder and CEO of the Greensheet, Tim Bird - President of L.P.P.O.A and a number of La Porte citizens 2. INVOCATION BY REV. DAVID COCHRAN - LA PORTE WORSHIP CENTER The invocation was given by Mayor Norman Malone 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING MAY 22. 1995 Motion was made bv Councilnerson Mike Cooner to annrove the minutes of La Porte citv Council Mav 22. 1995. Second by councilperson Thrower. The motion carried, 9 ayes and 0 nays. Nays: councilpersons sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone None Ayes: 4. DUCKS UNLIMITED DRAWING Mayor Malone drew three winning tickets from Richard Rogers, representing Ducks Unlimited e . Minutes of Public Hearing and Regular Meeting La Porte City Council June 12, 1995, Page 2 5. PROCLAMATIONS & FLAG DAY Mayor Malone stated we would present the proclamation to Marvin Casteel on June 14th, 1995, in front of city Hall at the Flag rasing ceremony. ~ HELEN GORDON DAY Mayor Malone proclaimed June 12, 1995, as Helen Gordon Day. Helen Gordon accepted the proclamation and thanked everyone. 6. PETITIONS. REMONSTRANCES. COMMUNICATIONS. AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL Tim Bird, 915 South 8th st., La Porte, addressed Council on behalf of the Police officers Assoc., regarding the support and donations giving to the association. Mr. Bird states he is a La Porte police Officer and President of L.P.P.O.A.. He states he looks forward to seeing everyone at the upcoming golf tournament. 7. PUBLIC HEARING - TO CONSIDER REOUEST #SCU95-002: REOUESTED BY BETTINI AND LAWRENCE MAYNARD. PROPERTY OWNERS. FOR THE PURPOSE OF ALLOWING DEVELOPMENT OF AN OFF-SITE PARKING LOT IN A GENERAL COMMERCIAL ZONE. THE REOUEST IS FOR LOTS 24-29: BLOCK 59: TOWN OF LA PORTE. WHICH IS FURTHER DESCRIBED AS BEING LOCATED IN THE 100 BLOCK OF NORTH 1 ST STREET. LA PORTE. TEXAS. Mayor Malone opened the public hearing at 6:17 P.M. Building Official Mark Lewis reviewed request. Planning and zoning commission recommended approval of SCU95-002 and staff concurred with the recommendation. councilperson Gay made positive comments regarding the passing and approval of this request. Lawrence Maynard addressed council regarding their intentions to the named property and appreciates the city looking into it. There were no other persons wishing to speak at the public hearing. Mayor Malone closed the public hearing at 6:22 P.M. 8. CONSIDER APPROVING SPECIAL CONDITIONAL USE PERMIT SCU95-002 - M. Lewis Motion was Made bv CouncilDerson Porter to aDDrove SDecial e e Minutes of Public Hearing and Regular Meeting La Porte City Council June 12, 1995, Page 3 Conditional Use Permit Reauest SCU95-002. Second by councilperson Gay. The motion carried 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone None Ayes: 9. CONSIDER APPROVING AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS. COMMISSIONS. AND COMMITTEES. OF THE CITY OF LA PORTE lOrd. 95-2037) - J. Litchfield city Attorney Knox Askins brought to Council's attention the revised version handed out by Louis Rigby and reviewed it with them. city Attorney read: ORDINANCE NO: 95-2037 - AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was Made bv CouncilDerson Sutherland Ordinance 95-2037 as read bv the city Attornev. councilperson McLaughlin. The motion carried 9 nays. to aDDrove Second by ayes and 0 Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke Malone None Thrower, and Mayor Ayes: 10. CONSIDER APPROVING AN ORDINANCE APPOINTING A MEMBER TO THE CIVIL SERVICE COMMISSION lOrd. 95-2038) - J. Litchfield Director of Finance/Assistant City Manager Jeff Litchfield expressed City Manager Bob Herrera's desires to appoint Keith Trainer to the commission. City Attorney read: ORDINANCE 95-2038 AN ORDINANCE CONFIRMING THE APPOINTMENT BY THE CITY MANAGER, OF A MEMBER OF THE CIVIL SERVICE COMMISSION, FOR A TERM EXPIRING MAY 30, 1998; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv CouncilDerson Sutherland to aD9rove Ordinance 95-2038 as read bY the citv Attorney. Second by Councilperson Maxwell. The motion carried, 9 ayes and 0 nays. e e Minutes of Public Hearing and Regular Meeting La Porte city Council June 12, 1995, Page 4 Nays: Councilpersons sutherland, Cooper, Thrower, Porter, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone None Ayes: 11. CONSIDER APPROVING AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND SANIFILL OF TEXAS. INC.. FOR THE OPERATION OF A TYPE I LANDFILL lOrd. 95-2039) & TYPE IV LANDFILL lOrd. 95-2040) - S. Gillett Director of Public Works Steve Gillett reviewed the summary and staff recommendation for the request. councilpersons Porter, Gay, and Sutherland brought items to Council's attention. City Attorney read: ORDINANCE 95-2039 & 95-2040 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND SANIFILL OF TEXAS, INC. , FOR THE OPERATION OF A TYPE I & TYPE IV LANDFILL; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Counciloerson Sutherland to aoorove Ordinance 95-2039 and 95-2040 as read bv the citv Attornev. Second by councilperson Maxwell. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke Malone None Thrower, and Mayor Ayes: 12. CONSIDER APPROVING AN ORDINANCE AUTHORIZING THE CITY TO ENTER INTO A WATER SERVICE AGREEMENT AND UTILITY EXTENSION AGREEMENT WITH AKZO-NOBEL. INC. lOrd. 95-2041) - J. Litchfield Director of Finance/Assistant City Manager Jeff Litchfield reviewed the summary and staff recommendations. Council- persons McLaughlin, Porter, Sutherland, Gay and Cooper brought items to Council's attention. City Attorney read: ORDINANCE 95-2041 AN ORDINANCE APPROVING AND AUTHORIZING THE CITY OF LA PORTE TO ENTER INTO A WATER SERVICE AGREEMENT AND UTILITY EXTENSION AGREEMENT WITH AKZO-NOBEL, INC.; MAKING VARIOU:S FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. e e Minutes of Public Hearing and Regular Meeting La Porte City Council June 12, 1995, Page 5 Motion was made by CouncilDerson Thrower to apDrove Ordinances 95-2041 as read bv the citv Attorney. Second by councilperson Porter. The motion carried, 9 ayes and 0 nays. Nays: councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke Malone None Thrower, and Mayor Ayes: 13. CONSIDER APPROVING AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE COUNTY FOR FIRE PROTECTION OF ZONES 33 AND 34. lOrd. 95-2042 - J. Sease Fire Chief Joe Sease reviewed the summary and staff recom- mentation. councilpersons Porter, McLaughlin and Sutherland brought items to Council's attention. Council decide to table this item. Motion was made bv CouncilDerson McLauqhlin to table Ordinance Ord. 95-2042. Second by councilperson Maxwell. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke Malone None Thrower, and Mayor Ayes: 14. CONSIDER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE SUPPORTING RETAINING JOHNSON SPACE CENTER ACTIVITIES IN THE CLEAR LAKE AREA lRes. 95-07) - J. Litchfield Director of Finance/Assistant City Manager Jeff Litchfield reviewed the summary and staff recommendation. Mayor Malone suggested that we re-write the Resolution and present it at the next HCMCA meeting. councilpersons Cooper and Gay brought items to council's attention. city Attorney read: RESOLUTION 95-07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE SUPPORTING RETAINING JOHNSON SPACE CENTER ACTIVITIES IN THE CLEAR LAKE AREA; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bY CouncilDerson Porter to aDprove Resolution 95-07 as read bv the city Attorney. Second by Councilperson Gay. The motion carried, 8 ayes and 1 nays. e e Minutes of Public Hearing and Regular Meeting La Porte city council June 12, 1995, Page 6 Nays: councilpersons Sutherland, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Cooper Ayes: 15. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR DISCUSSION A. CONSIDER AUTHORIZING CITY MANAGER TO SIGN CONTRACT ACCEPTING RECYCLING GRANT FROM H-GAC AND AWARD BID FOR RECYCLING TRAILER - S. Gillett ~ CONSIDER AWARDING A BID FOR TOTAL FURNITURE PACKAGE TO G & P FURNITURE - J. Litchfield ~ CONSIDER AUTHORIZING PERSONS LISTED TO MAKE INVESTMENT TRANSACTIONS WITH APS FINANCIAL CORPORATION ON BE HALF OF THE CITY OF LA PORTE - J. Litchfield Motion was made by Councilperson Gav to accept the consent aqenda as presented. Second by Councilperson Sutherland. The motion carried, 9 ayes and 0 nays. Nays: councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke Malone None Thrower, and Mayor Ayes: 16. ADMINISTRATIVE REPORTS A. EMPLOYEE BANOUET Director of Finance/Assistant City Manager Jeff Litchfield reminded Council that the City'S Employee Banquet will be held at the Sylvan Beach Pavilion Saturday, June 17, beginning at 6:00 P.M. ~ CHAMBER OF COMMERCE HAMBURGER COOK-OUT Jeff stated that the cook-out will be held at the DuPont Employees Recreation Building on Thursday June 22, beginning at 6:30 P.M. 17. COUNCIL ACTION Councilpersons Sutherland and McLaughlin brought items to Council's attention. e e Minutes of Public Hearing and Regular Meeting La Porte City Council June 12, 1995, Page 7 18. 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. - C 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) There were no items to be discussed in executive session. 19. ADJOURNMENT There being no further business to come before council, the meeting was duly adjourned at 7:04 P.M. Respectfully submitted, ~~~~ Asst. to the city Secretary Passed and Approved this the 26th day of June, 1995 ~-p~ Alton Porter, Mayor Pro Tem e e e e Office of the Mayor 13\1 U:GJ ~ .Co '7:~-;; #fiPii t<i. '(';) ~ ''Jil~ G(? ':J~ 11 ,,~\ r nJJl1rrru5 : The American Flag is a symbol of democracy and freedom; and WHEREAS, the time has come to honor this symbol of freedom by the observance of a spedal day, Flag Day, June 14th; and WHEREAS, the Pledge of Allegiance has become just as enduring a statement about our nation as the flag it honors; and WHEREAS, the "Pause for the Pledge" is a call for Americans everywhere regardless of age, race, religion, national origin, geographic or political differences, to join in reciting the Pledge of Allegiance on Flag Day; and WHEREAS, our flag is the inspiration for all Americans and as long as she waves proudly, she will be the symbol for Freedom and Justice for AIL NO\v, THEREFORE, I, NORMAN 1.. MALONE, MAYOR of the City of La Porte, do hereby proclaim June 14th, 1995, as FLAG DAY in the City of La Porte, and urge all citizens to recognize the American Flag as the symbol of peace and freedom for all mankind and to pause for the Pledge of Allegiance to affirm their beliefs and national spirit. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed hereto, this the 12th day of June. 1995. CITY OF LA PORTE il~ r lJJJ~rrra5 : Helen Gordon fOunded Greensheet twenty five years ago with one edition that covered southwest Houston; and WHEREAS, Helen Gordon built Greensheet into a $20 million dollar company with 16 editions serving Houston, Austin, Dallas, Fort Worth and La Porte; and WHEREAS, Greensheet was recently honored by being named the 19th largest woman-owned firm in Texas in the November /December 1994 issue of lfOmens Enterprise; and WHEREAS, Greensheet is committed to the bettennent of our community by their involvement with many organizations including Child Advocates, the Multiple Sclerosis Society, and Crime Stoppers; and WHEREAS, The City of La Porte congratulates Helen Gordon and Greensheet on their 25th year anniversary and extends best wishes fOr many more years of continued success. NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City of La Porte, do hereby proclaim Jwze 12, 1995, as HELEN GORDON DAY in the City of La Porte, and urge all citizens to recognize Helen Gordon for her many accomplishments and contributions to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed hereto, this the 12th day of June, 1995. CITY OF LA PORTE !.~~ /, ~~.~~~ .."" , -.". :.t"~, :]" ; -"~~ ,.\ '\." .. "'I ;; ':e- j' \... l~.! 1 ~ ....... A"t$ \: t .: ~ ,.-..'-7\' !:..: ,.'1 c 6 ~J"": , t; ....... ~~ ~ .. , - .I'" ,'I 7: .,c. S;~---." ># A/:,..r.....- ~:-.",v.y "',p ~ '<4 . .....~'1-:~ .. 0"4 .,~.~.c..n\..y . . _ REQUEST FOR CITY COUNCILe:NDA ITEM Requested By: Mark Lewi Department: Plannina Agenda Date Requested: X Report Resolution Ordinance Exhibits: 1. Transmittal Letter from the Planning & Zoning Commission to City Council 2. Staff Report 3. Public Notice Reply 4. Special Conditional Use Permit #SCU95-Q02 SUMMARY & RECOMMENDATION A Special Conditional Use Permit (SCU95-Q02) has been requested for the purpose of allowing construction of an off-premise parking lot, which is to be located in the 100 block of North 1 st Street. The Planning and Zoning Commission considered this request during its May 18, public hearing and regular meeting. The Commission, by unanimous vote, has recommended approval of this permit as it was presented. No additional conditions were attached to the recommendation. In preparation for this hearing, staff, as required by ordinance, mailed public notices to the owners of all properties located within 200 feet of the tract in question. A total of 17 notices were mailed. As of the date on which this item is being prepared (6/6/95), only one (1) reply has been received. This reply favors granting the permit. Should any additional replies be received prior to the Council meeting, staff will provide them during the public hearing. Staff concurs with the Planning and Zoning Commission and recommends granting SCU95-002 as presented. NOTE: Exhibit A was reduced to 8W x 11" format for inclusion in this packet. A full size copy is available for review in the Planning Department. Action Required by Council: Council is being asked to conduct a public hearing for the purpose of soliciting any additional public comment regarding this request. After closing the hearing, Council will be asked to consider granting Special Conditional Use Permit #SCU95-Q02. Availability of Funds: N/ A General Fund Capital Improvement Other Water /Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for City Council Aaenda G(t~ L-~~ Robert . Herrera City Manager It,- 1---15 DATE r. City of La Porte Established 1892 June 5, 1995 Mayor Norman Malone and City Council City of La Porte Re: Special Conditional Use Permit #SCU95-002 Dear Mayor Malone: The La Porte Planning and Zoning Commissio~ at its May 18, 1995, public hearing and regular meeting, considered Special Conditional Use Permit Request #SCU95-002. This permit has been requested for the purpose of allowing construction of an off-site parking lot, which is to be located in the 100 block of North 1st Street on Lots 24-29 of Block 59; Town of La Porte. The Commissio~ by unanimous vote, has recommended approval of Special Conditional Use Permit #SCU95-002. The May 18, 1995, staff report detailing the specifics of this request is attached and follows this letter. Respectfully submitted, .4:t~r:O~ Chairman, Planning and Zoning Commission. xc: " Robert T. Herrera, City Manager John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney La Porte Planning and Zoning Commission r.O.Box 1115 · Lirl1rte.Texas77572-lll5 · (71')471-5020 Reauested For: Reauested By: Zonin~: Purnose of Reauest: Bac~und: "'. (e -... Lots 24-29; Block 59; Town of La Porte, which is further described as being located in the 100 block of North 1st Street. Stephanie and Lawrence Maynard, property owners. General Commercial (GC) Applicants are seeking a Special Conditional Use (SCU) Permit for the purpose of allowing construction of an offsite parking lot. This type of development is classified as a Conditional Use by Section 6-400 of Zoning Ordinance 1501. The applicants currently operate a business (Super Plumber) at 114 North 1st Street. The building at this location is several years old. The onsite parking does not meet current ordinance requirements. It has also been proven to be inadequate for the applicants' needs. The Maynards have recently purchased property located immediately across 1st Street from their present location. Their ultimate goal is to build a new, larger building on the newly acquired property. This tract is large enough to accommodate the proposed building and adequate onsite parking. The applicants' business activity, plumbing contractor (SIC 1711), is a permitted GC use. H a permit for simultaneous construction of the parking lot and building were to be submitted, it could be reviewed and processed for approval at the staff level. The applicants are not yet prepared to construct their new building. They feel, however, that the parking situation at their present facility must be resolved and that they can not wait for construction of the new building. They are, therefore, proposing to build the parking lot first. As noted in the caption section of this report, based on the GC zoning of the property, Planning & Zoning Commission Meeting of 5/18/95 SCU95-002 Page 2 of 4 Analysis: 'e (e a SCU Permit is required in order to allow development of an offsite parking lot. As illustrated on Exhibit ~ the parking lot, as proposed, will be constructed of concrete and will contain 12 parking spaces. The overall lot dimensions will be 68' x 66'. There will be a large "cut-out" area that will serve as a landscape area. It is being located in a manner that will permit preservation of a large, well established hackberry tree. The four spaces at the front of the lot will be available for customer/employee parking. The remainder of the lot will be fenced and used as secured parking for company vehicles. Zoning Ordinance Section 10-200 establishes the following review criteria and conditions for approval of Special Conditional Use Permits: · That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. · That the conditions placed on such use, as specified in each district, have been met by the applicant. · That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. Regarding the first of these conditions, companbility with neighboring properties, staff would note that the tract in question is surrounded on all sides by General Commercial zoning. As proposed, the parking lot location will provide a substantial green area. It, as noted in the background section of this report, is also designed and sited in a manner that will preserve as many existing trees as possible. Planning & Zoning Commission Meeting of 5/18/95 SCU95-002 Page 3 of 4 Conclusion: e e Additionally, this property and the applicants' existing business are located in an area with very little offstreet parking. Construction of the lot should benefit the surrounding area by reducing the congestion that can be caused by cars parking on the shoulder of the street. The second criteria to be considered is compliance with conditions and regulations of the zoning district in which the development is to be located. As proposed, the parking lot complies with all applicable zoning regulations. Parking spaces and maneuvering aisles are of adequate dimension. The location of the handicap parking space should be appropriate when the proposed building is constructed. Landscape area (even with construction of the proposed building) will exceed the City's 6% minimum requirement. The security fence is located behind the 20 foot front setback line. As this parking lot will ultimately serve a new building, it is important that it be adequate to serve those needs. Without a floor plan for the new building, calculations regarding the number of parking spaces to be required are somewhat speculative. At this time, however, the plans for the building are very conceptual. Staff has made what we feel to be reasonable assumptions regarding parking numbers and feels they will be adequate (See Exhibit B). Staff would also point out that the applicants own additional undeveloped property that is available should additional parking become necessary. The final criteria concerns special conditions. Regarding this subject, staff would note that as proposed, the parking lot complies with all applicable zoning requirements. Staff, therefore, has no additional conditions to recommend. In reviewing this request, staff finds the following: · Location and design of the proposed parking lot insure compatibility with surrounding GC zone. · Reduction of parking on the shoulder of 1st Planning & Zoning Commission Meeting of 5/18/95 SCU95-002 Page 4 of 4 e Ie Street will benefit the surrounding GC zone. · As proposed, the parking lot complies with all applicable zoning requirements. · As designed, the parking lot should be adequate to serve the parking needs of the proposed building. Based on these facts and considerations, staff recommends granting Special Conditional Use Permit #95-002. In making this recommendation, it should be pointed out that the SCU Permit does not waive or eliminate the need to comply with all other City codes and ordinances. These include the requirements to prepare and submit a minor development site plan and construction drawings. (e e Zoning Ordinance Section 10-609 establishes the following parking requirements for plumbing and other general/special trade contractors. 4 spaces for minimum requirements + 3 spaces per 1,000 sq ft of office + 1 space per each 3 non-office employees The applicants' proposed building is to be 2,880 sq ft in size. Assuming that 1,000 sq ft (approximately % of the building) is developed as office area, parking would be calculated as follows: 4 spaces for minimum requirements 3 spaces for office area 5 spaces to accommodate 15 non-office employees = 12 spaces total As noted in the main body of this report, these numbers are based on assumptions. No design work, other than basic footprint, has been done on the proposed building. However, given the size of the proposed building and the type of business it will house, staff feels these assumptions are fairly valid and can be used as a basis for review and consideration of SCU95-002. ExmBIT B '. ......_....... . 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(-;jti~) I : , : f' t:.i \ _ 0 I / I 'L',,-...::. ::;; i L~ /TyP,A:ok...,."." ; ; '..-.f';" - - ...~-,I'~ ~~;;-I- ! . r::':1:.;"." ,__ !. .:. '~JIl: ~ '~ ; I'"' ,I' __: " -:::::: !i" , I-::-'t'L ~ _ _ _ ~ ; 'I:' ,: ':'. ' --- - -,- - , I I. , .. , I," I ",......;;;.... ~ fIi~~ "",..l;." Iii,. ,- F'."" -: '-.-;..~ ~ ~ , j' f -''''i'LoI.:!. Ii,.: ' I .. f-' ~ ....--.----- I' ! '; i ___no. -- - , I '. .', ": . ~~! "t. :.: ~.. .. ,,'.. t, 'Q,. " / , ,J;S :', ~T 2' . '1 LJlT '7 :.or :r ur .;~,j --_:'( .... - :.~:~--~L......-'~:''''''-'''___.' :~!.:J"-~""----::;!O ; :.~-'v ~ ~ ...... I': I.. '.. :..- i_. I,', I.': '-~ --:.. -~ ,. , ~~~..');~~\- ;:;~;~~";.~ J;: ~I~S S:Al~ ,,~:: f - ~'....' '. ~ - " -. '. -t ~----~-- !!;i ~~ ~y.':. :.. , .1''''''1:1 IV~"I:, - - F ir;1-' Shiff. t - .:~~.~.~:'. '-' -.- --.--- :~:;~'..~:' .:".~'l"' .... '::;':;~:i,:>~;'js.}:, . ---- . :~:..'.::," ~... .... .. :...,....,...,. ~ '- .:.... -..---. - --, .o:~ . ,'. exH,BlT A AI ----"> W 'Pi\.~ '€.f. X1," It'.c., Sf........ I :.. 11\#1" 7; .h.\......u..i"'".'V06~ ~",J:.A v' c_ ....,..-=--- ~' '. ~' .. '. .1 ...~.".~ ';;,'~i~'~:."C'=- ."-:~i:n~;": ';" ~~ . .......i~1 'iff :::f:~. _....~. :...... . :':>:9. ,'. A ~.TING OF THE LA PORTEre RECEIVED ~ - ? /-1-1-'- ---- ,-' /...) City Council (Type of Meeting) PLANNING HAS BEEN SCHEDULED FOR June 12. 1995 (Meeting Date) Special Conditional Use #95-002 (Type of Request) I HAVE RECFD NOTICE OF TIrE ABOVE REFERENCED PUBLIC HEARING A1'fD I AM vi IN FAVOR OF OR I AM IN OPPOSITION OF GRANTING THIS REQUEST FOR TIrE FOLLOWING REASONS: NAME (PLEASE PRINT) HOME ADDRESS r. (' e CITY OF LA PORTE Permit No. SC095-002 SPECIAL CONDITIONAL USE PERMIT CLP Job No. N/A ORDINANCE 1501 This permit is issued to: Stephanie Bettini and Lawrence Maynard Owner or Agent 1202 Bayshore Drive. La Porte. Texas 77571 Address For Development of: Parking Lot Development Name 100 Block of North 1st Street Address Legal Description: Lots 24-29: Block 59: Town of La Porte Zoning: General Commercial (GC) Permit Conditions Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. H construction is terminated after the completion of any stage and there is ample evidence that further development is not contemplated the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon it's own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Additional Conditions - See Exhibit N / A Validation Date: 6/12/95 J3 ;~~ / / Director of Planning ~~~~ (e CITY OF LA PORTE (e APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT ---------------------------------------------------------------------- OFFICE USE ONLY: Fee: $100.00 Application No.: Date Received: Receipt No.: 7s- (JO ;l O~-2.g- ~- -:fF 3:< 7 "3 ~ -. Certified Plans Submitted: ( ) General Plan () Major Development Site Plan ()4 Minor Development Site Plan () Preliminary Plat -------------------------~------------------------------------------- Person Making Request: o<a:..-t:~7tU 7n~a~ Mailing Address: /;10;2. e~~ 1l1. ' ~ jJ~ ~t:-/d- ~ fJLu~. to L '0 11 tJ Y' +L 1~.~1ul: ) .6'hd-L ~q J~ d tJ - d- '7 City/State: Phone: A/7IJ.-?o !3 BUSINESS NAME: PROPERTY ADDRESS: LEGAL DESCRIPTION: ZONE: G- C. TYPE OF BUSINESS: tL)~ {];, 4/ CJ., ~- /1 ;;-;- Date- SIC USE CATEGORY: ~/'!'~ irni:l1x--l11 ~ IO\in or Author ized Aggnt ---------------------------------------------------------------------- OFFICE USE ONLY Date of P & Z Public Hearing: Date of City Council Meeting: Zone: V C / S/;cJ/Cff c,J /2-1/ qf I I Recommendation~ or N Approved: Y or N This application is: Approved ( ) P e rrn i t 1# Den ied ( ) CLP JOB I (If Assigned Yet) Conditions: Date Zoning Administrator CED/1-'87 ftt Super Plumber Company 217 S. NUGENT La PORTE. TEXAS 77571 (.'" . ." e (713) 470-2488 April 27, 1995 To Whom It May Concern: RE: Block 59, Lot 24, 25, 26, 27, 28, 29 Stephanie Bettini Maynard & Lawrence Maynard, AKA Super Plumber Company have recently purchased the above referenced property. This property is a long time vacant field directly across from 114 North 1 st Street. Lawrence & I have purchased this property with the intent of expanding our plum bing business. . At the present time, we wish to develop the land, pave it and utilize it as a parking lot. We feel that by doing this in the interim, we still would be improving the land and possibly discouraging some of crime that seems to be with associated with this area of town in general. . We encourage all to visit our recent purchase of what was once known as the "old pool hall on First Street" to witness what we have done in order to serve our community and make it a better place. Sincerely yours, 4~~ ~t!dL ~ephanie & Lawrence ~aynard COMPLETE RESIDEN77AL ~ COMMERCIAL PLUMBP..-C . e e e ORDINANCE NO. 95-2037 AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council of the city of La Porte hereby makes the following appointments to the Fire Code Review Committee of the city of La Porte, for the term beginning on the effective date hereof, and expiring on May 30th of the year indicated, or until their successors shall have been duly appointed and qualified: District 4 Robert Daniel 1998 District 5 Charlie Young 1998 District 6 Emery Farkas 1996 Mayor Scott Lacey 1997 At Large A Bryan Moore 1998 section 2. The city Council of the city of La Porte hereby appoints the following members to the City of La Porte Planning and Zoning Commission, for the term beginning on the effective date hereof, and expiring on May 30th of the year indicated, or until their successors shall have been duly appointed and qualified: District 1 Melton Wolters 1996 District 4 Howard Ebow 1998 District 5 Dottie Kaminski 1998 section 3. The City Council of the city of La Porte hereby appoints the following members to the La Porte Area Water Authority, for terms expiring May 30, 1997, or until their successors shall have been duly appointed and qualified: e e ORDINANCE NO. 95-2037 PAGE 2 position 2 Albert D. Fields position 3 Rodney J. Etchberger section 4. The City Council of the City of La Porte hereby makes the following appointments to the city of La Porte Electrical Board, for terms expiring May 30th of the year indicated, or until their successors shall have been duly appointed and qualified: position 2 Gene Pfeiffer 1997 position 3 Kenneth Kendrick 1997 position 4 Jim Counts 1997 section 5. The City council of the city of La Porte hereby makes the following appointments to the Airport Advisory Board for the City of La Porte Municipal Airport, for terms expiring on May 30th of the year indicated, or until their successors shall have been duly appointed and qualified: position 5 Hector Villarreal 1998 position 6 John Ladd 1998 section 6. The city council of the city of La Porte hereby makes the following appointments to the Board of Adjustment of the city of La Porte, for terms expiring on May 30th of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 position 4 Alternate 2 Dr. Deborah Bernay willie Walker John willis 1998 1998 1998 section 7. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not e e ORDINANCE NO. 95-2037 PAGE 3 affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. section 8. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. section 9. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 10. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of June, 1995. CITY OF LA PORTE By:b#~ NOrman L. a 0 , Mayor e e ORDINANCE NO. 95-2037 ATTEST: ~~ ~~} CL&.-\Q~ ~ PAGE 4 position 1: position 2: position 3: position 4: position 5: Alt. 1: Alt. 2: e e BOARD OF ADJUSTMENT Dr. Deborah Bernay 10435 Rustic Gate 471-7707 471-6546 (work) Bob Capen (Ord. 1863) 807 Oak Leaf 471-1354 Sidney Grant 1907 Lomax Drive 471-2375 willie Walker 327 North sixth 471-1365 Ruben L. Salinas (Ord. 94-1993) 4921 Meadow Place 471-1257 470-4900 James Zoller 907 Hackberry 471-0796 John willis willow Creek (H) 471-8755 Ord. 1850 Ord. 94-1983 Ord. 95-2037 May 30, 1998 May 30, 1996 May 30, 1997 May 30, 1998 May 30, 1996 May 30, 1997 May 30, 1998 e e PLANNING AND ZONING COMMISSION Chairman Betty Waters 2202 26th Street 471-1907 Dist. 1 Melton Wolters 10703 "H" ST. (H}471-1527 (W}246-7022 Dist. 2 Charles S. Engelken, Jr. 3319 Gladwyne Lane 476-5176 Dist. 3 Eugene Edmonds 10307 winding Trail 471-3208 Dist. 4 Howard Ebow 5405 Beaver Creek Drive 471-4014 Dist. 5 Dottie Kaminski 325 South Carroll 471-5015 Dist. 6 Margaret "Maggie" Anderson 909 Garden Walk 471-1116 479-9898 (wk) Ord. 1849 Ord. 93-1912 Ord. 94-1983 Ord. 95-2037 May 30, 1996 May 30, 1996 May 30, 1997 May 30, 1997 May 30, 1998 May 30, 1998 May 30, 1996 e e ELECTRICAL BOARD Ord. 93-1912 Ord. 94-1983 Ord. 95-2037 Bob McLaughlin Chairman May 30, 1996 3113 Old Hickory 471-0657 Terry Groff Pos. 1 May 30, 1997 P.O. Box 597 Seabrook 77586 474-7156 Gene Pfeiffer Pos. 2 May 30, 1997 414 South Jones Bay town , Tx 77520 422-6375 or 228-9615 Kenneth Kendrick Pos. 3 May 30, 1997 5502 Sugar Creek Drive La Porte 471-7121 Jim Counts POSe 4 May 30, 1997 10219 Belfast 471-3569 or 470-3283 Mark Lewis Ex Officio Member e AIRPORT ADVISORY BOARD POSe 1 Cliff Hyde 10415 Rustic Gate La Porte 471-4838 hOe 471-0265 wk. POSe 2 Larry Tucker 501 Wicklow Deer Park, Tx 77536 476-4972 hOe 476-1501,ext 502 wk Pos . 3 Deborah Rihn 101 Airport Blvd La Porte 471-1675 wk. POSe 4 Mike Miller P.O. Box 2003 La Porte 471-3755 hOe 471-2141 wk. POSe 5 Hector Villarreal 9802 Thrush La Porte 470-9810 hOe POSe 6 John Ladd 10439 Rustic Gate La Porte 471-3605 hOe 470-3056 wk. FAA Rep. william Gray 880 Paul B. Koonce Dr. Houston 77061 640-4488 wk. Airline Rep. Dan Myhaver 8060 Spencer Highway Pasadena 77501 476-1874 wk. (sec/Vallerie) e Ord. 1852 Ord. 93-1912 Ord. 94-1983 Ord. 95-2037 May 30, 1996 May 30, 1996 May 30, 1997 May 30, 1997 May 30, 1998 May 30, 1998 N/A May 30, 1996 Dist. 1 Dist. 2 Dist. 3 Dist. 4 Dist. 5 Dist. 6 AL-A AL-B Mayor EX OFFICIO e e FIRE CODE REVIEW COMMITTEE Louis Heintschel (Ord. 94-1999) 1407 Lomax School Road 471-3247 Richard Browder 9739 Willmont La Porte Tom Hayes 10450 Carlow La Porte Robert Daniel 401 North 7th La Porte Charlie Young 214 Reynolds La Porte Emery Farkas 3101 Woodland La Porte Bryan Moore 530 South 2nd La Porte Tom Handy 10404 Spencer Highway La Porte Scott Lacey 5029 Meadow Place Dr. La Porte (H) 471-5081 Joe Sease, Fire Chief Paul Hickenbottom, Fire Marshal Mark Lewis Chief Building Official Ord. 93-1912 Ord. 94-1893 Ord. 95-2037 May 30, 1996 May 30, 1997 May 30, 1997 May 30, 1998 May 30, 1998 May 30, 1996 May 30, 1998 May 30, 1996 May 30, 1997 e e LA PORTE AREA WATER AUTHORITY Ord. 1851 Ord. 93-1912 Ord. 94-1983 Ord. 95-2037 position 1 Open position position 2 Al Fields May 30, 1997 10303 Rustic Rock 471-8626 471-4400 (work) position 3 Rodney J. Etchberger May 30, 1997 10403 Rustic Rock 471-1475 position 4 James Sweeton May 30, 1996 9425 Montgomery 479-8618 position 5 Jerry Bramlett May 30, 1996 718 South Kansas 471-2944 676-8717 (work) e e . ORDINANCE NO. 95- 2038 e AN ORDINANCE CONFIRMING THE APPOINTMENT BY THE CITY MANAGER, OF A MEMBER OF THE CIVIL SERVICE COMMISSION, FOR A TERM EXPIRING HAY 30, 1998; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The city Council of the City of La Porte hereby confirms the appointment by the city Manager, of a member of the civil service Commission, for a term expiring on May 30, 1998, or until his successor shall have been duly appointed and qualified: Member: Keith Trainer section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of June, 1995. ~ OF LA PO~ By: ~?1~ - rman L~ne, Mayor T: .&~ ~.~~~ LQllOS, e CIVIL SERVICE COMMISSION Lindsay R. Pfeiffer Ord. 93-1917 602 South Nugent 471-6650 Robert Swanagan 100 Park 471-7655 383-2411, ext. 5153 (Mobay) (work) Keith Trainer Chair~erson 501 S. Blackwell 471-6586 676-8837 (work) (Appointed by City Manager) e Ord. 95-2038 May 30, 1996 May 30, 1997 May 30, 1998 e e ~T FOR CITY COUNCIL AGENDA4IfEM Agenda Date Requested: June 12. 1995 Requested By: S. Gillett ~ Department: Public Works Report Resolution xxxx Ordinance(s) Exhibits: Exhibit A - Analysis of Rate Increases Ordinance No. 95-2039 and Type I Landfill Agreement Ordinance No. 95-2040 and Type IV Landfill Agreement SUMMARY & RECOMMENDATION The City of La Porte has contracts for Type I (garbage) and Type IV (trash) disposal with Sanifill of Texas, Inc. Both contracts expired on March 31, 1995. Although staff initiated discussions with Sanifill in October 1994, contract language had not been agreed upon at expiration. Sanifill agreed to extended both contracts until July 31, 1995. The City of Deer Park has a similar contract, with identical expiration, but under a different rate structure due to the use of transfer trailers. The initial contract offer from Sanifill included guarantees of quantities, as well as numerous rate escalation clauses, in addition to CPI increases, that the cities objected to. In concert with Deer Park, the City of La Porte developed a simple agreement that eliminates these clauses. The attached rate analysis shows the current and proposed landfill rates, as well as the effect on the city's cost per resident per home per month. As illustrated, although initial rates increase dramatically due to new federal and state regulation, the overall effect on rates per resident per month increases only by $0.77 over five years. Staff does not anticipate the need for a rate increase in the upcoming fiscal year for residential solid waste collection. Action Required by Council: Approve Ordinance No. 95-2039 and No. 95-2040 authorizing the City Manager to execute contracts with Sanifill of Texas, Inc. for the disposal of Type I and Type IV residential solid waste. Availability of Funds: xxxx General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001-700-702-609 Approved for city Council Aqenda ~~T\~ Robert T. Herrera City Manager Funds Available: ~YES NO ~'~'~5 DATE e NOTE: COST PER HOME PER MONTH RATES ASSUME INCREASES IN LANDFILL COSTS ONLY I COST PER HOME PER MONTH I I LANDFILL II CURRENT RATE II PROPOSED RATE II RATE II RATE II RATE II RATE I TYPE 4-1-96 4-1-97 4-1-98 4-1 -99 3-31-95 4-1-95 'I ~~~dE II $6.7411 $6.8011 $6.9711 $7.1111 $7.1711 $7.221 I TYPE IV II $3.8711 $4.0711 $4.0911 $4.1111 $4.1311 $4.161 TRASH I TOTAL II $10.6111 $10.8711 $11.0611 $11.2211 $11.3011 $11.381 EXHIBIT A CITY OF LA PORTE PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION SANIFILL LANDFILL CONTRACT ANALYSIS OF RATE INCREASES 6-95 JDFILL CHARGES PER CUBIC YARD LANDFILL URRENT RATE ~I RATE II RATE RATE RATE TYPE 3-31-95 4-1-96 4-1-97 4-1-98 4-1-99 TYPE I $4.5511 (FIXED) II (FIXED) (CPI-U) (CPI-U) GARBAGE $4.32 $5.25 $5.85 $6.08 $6.32 TYPE IV $3.5011 (CPI-U) II (CPI- U) (CPI-U) (CPI-U) TRASH $2.25 $3.64 $3.79 $3.94 $4.10 NOTE: RATES ABOVE INCLUDE STATE FEE OF $O.40jCY FOR COMPACTED AND $0.25jCY FOR UNCOMPACTED MATERIAL FIXED RATE INCREASES ARE STATED IN THE CONTRACT CPI-U RATE INCREASES ARE ESTIMATED AT 4% PER YEAR e . ORDINANCE NO. 95- 2039 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND SANIFILL OF TEXAS, INC., FOR THE OPERATION OF A TYPE I LANDFILL; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. 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 ci ty 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 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e e ORDINANCE NO. 95- 2039 PAGE 2 PASSED AND APPROVED, this 12th day of June, 1995. By: CITY OF LA PORTE b/~1~~JZ . man L. v M e ~ Mayor ATTEST: ~,~ )~.~~~~~U city secretary~ Knox W. ASkins, City Attorney -e e AGREEMENT FOR OPERATION OF TYPE I LANDFILL BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND SANIFILL OF TEXAS, INC. THIS AGREEMENT for the operation of a Type I landfill made and entered into at La Porte, Texas, as of the first day of April, 1995, by and between the CITY OF LA PORTE, TEXAS, a Texas Municipal Corporation, hereinafter called the "City", and SANIFILL OF TEXAS, INC., a Delaware Corporation, hereinafter called the "Contractor". WITNESSETH: WHEREAS, the City desires to dispose of Type I Waste generated in the city; and WHEREAS, the parties desire to establish the terms and conditions of this Agr~ement; NOW, covenants follows: THEREFORE, for hereinafter set and in consideration of the mutual forth the parties hereby agree as (I) DISPOSAL SITE. 'l'he Contractor agrees to operate a Type I sanitary landfill at the Bay town site located on tract(s) of land l~' described by metes and bounds in Municipal Solid Waste Permit No. f53~- &at (or any other mutually agreed upon site) hereinafter called the "Landfill" for the complete handling, processing and disposal, by the sanitary landfill method, of municipal solid waste generated in the city and collected by the city or its contractor, according to the all of the terms and provisions hereinafter contained. (A) Materials to be disposed of. The Contractor shall accept for disposal all municipal solid waste, as that term is defined in Article 4477-7 V.A.T.S., the Municipal Solid Waste Act, brought to tl1e Landfill by the City or its contractor. The Contractor may designate the location on the site at which material is to be unloaded. (B) Additional material to be disposed of. The Contractor shall accept for disposal processed sewage sludge from the City's wastewater treatment plant. (C) Operation of disposal site. The Contractor shall have the exclusive right to the use of and responsibility for the operation of the disposal site for the term of this Agreement or any extension thereof, subject to the following terms and provisions: PAGE 1 OF 6 .e - (1) The Contractor shall furnish all labor, tools, equipment and power for the operation of the Landfill, and shall be responsible for all necessary maintenance thereof. Contractor shall operate the si te according to terms and provisions of Municipal Solid Waste Permit No. 80, and under the supervision of an experienced person so that it shall not become a nuisance or an offence to the City. Contractor shall maintain suitable roads within the Landfill for truck traffic. (2) All waste and other refuse accepted by the Contractor shall be thoroughly compacted by equipment operations. Sufficient auxiliary equipment shall be maintained on the site or kept otherwise available to permit operation in case of equipment breakdown or increased volume of material to be handled. (3) The area shall be neat and sanitary at all times. (4) The Contractor agrees to comply wi th all laws, ordinances and regulations of the State of Texas and with the terms and conditions of its permit applicable to the operation under this Agreement and to conform with the standards of operation as established by the u.S. Public Health Service, and agrees that all services rendered by it hereunder shall be rendered in a clean, sanitary, neat, courteous and efficient manner and that it will instruct its employees accordingly. In the event the Contractor shall wholly fail to dispose of garbage and other materials herein provided to be disposed of for a period of two (2) weeks, and provided such failure is not due to war, insurrection, riot, strike, act of God or any other cause or causes beyond the Contractor's control, the city may, at its option after written notice to the Contractor, terminate this Agreement. (5) In the event that the city shall, without fault on its part, be made a party to litigation arising as a result of failure of the Contractor to comply with any provisions of this Agreement or by reason of the Contractor's operation or use of the subject premises (other than provided for herein) brought by or against the Contractor, the Contractor shall pay all reasonable costs and attorney's fees necessarily incurred by the City in defense of such litigation, and shall save and hold the city harmless from any liability therefrom. (C) Nuisance-free ooerations. The Landfill shall be operated by the Contractor in a nuisance-free manner, and in such a manner as not to generate or produce any objectionable or offensive odors, noise, smoke or fumes outside the Landfill premises, and in a manner meeting and complying with all valid, non-discriminatory and generally applicable ordinances, regulations and laws of the State of Texas and other PAGE 2 OF 6 e ,e regulatory bodies having jurisdiction over the Contractor's operation, which may be from time to time in effect and applicable to the Contractor's operations. Conditions unfavorable for the production of vectors shall be maintained by carrying out routine landfill operations promptly in a systematic manner. Supplemental vector control measures shall be instituted whenever necessary. (II) TERM OF AGREEMENT. This Agreement shall be for a period of five (5) years beginning April 1, 1995, and ending March 31, 2000. (III) COMPENSATION TO CONTRACTOR. As full compensation to the Contractor for operation of the Landfill, the City agrees to pay the Contractor the following fees, plus the amount of the State fees imposed on the Contractor for each type of waste: (A) Type I solid waste. 1st year of Agreement $4.55 per cubic yard plus State fee 2nd year of Agreement $5.25 per cubic yard plus State fee 3rd year of Agreement $5.85 per cubic yard plus State fee (B) Processed sewaqe sludqe. 1st year of Agreement $7.40 per cubic yard plus State fee (C) Adiustments to base fee for Type I waste. On April 1 of 1998, and on each subsequent year during the term of the Agreement, the parties agree to adjust the base fees so that it shall be increased or decreased in accordance with cpanges in the Consumer Price Index in the Houston metropolitan area for Urban Consumers (CPI-U) as promulgated by the Bureau of Labor statistics of the united States Department of Labor, using the year 1997 as a base. (D) Adiustments to base fee for processed sewaqe sludqe. On April 1 of 1996, and on each subsequent year during the term of the Agreement, the parties agree to adjust the base fees so that it shall be increased or decreased in accordance with changes in the Consumer Price Index in the Houston metropolitan area for Urban Consumers (CPI-U) as promulgated by the Bureau of Labor statistics of the United States Department of Labor, using the year 1995 as a base. (E) Time of payment. The Contractor shall invoice the City monthly, invoices to be submitted at the last of each month, accompanied by tickets which are collected by the Contractor as refuse trucks make deliveries, and shall include the last full week of each month. Invoices shall be paid by the City monthly, not later than the 10th day following receipt of the invoice for the month for which the invoice is rendered. PAGE 3 OF 6 e :e (F) Contractor shall accept for disposal all Type I waste, consistent with their permit, generated by the City including that collected by pri vate haulers and that brought to the Landfill by private citizens and shall make a reasonable charge for disposal therefor, which charge shall bear a reasonable relationship to the charges made to the City. (G) keep a.m. Hours of operations and holidays. The Contractor shall the Landfill open for the receiving of waste from 7:30 to 4: 30 p.m. Monday through Friday and 8: 00 a.m. to 12: 00 Saturdays, except holidays. noon (IV) INSURANCE AND WORKER'S COMPENSATION. (A) The Contractor shall, at its own expense, maintain in full force and effect during the term of this Agreement Employer's Liability, Worker's Compensation, Public Liability and Property Damage insurance. All insurance shall be by insurers licensed to do business in the State of Texas. The Contractor shall furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall name the Contractor and the City as insured parties. (B) The insurance, at a minimum, must include the following coverages and limits of liability: COVERAGE. (1) Worker's compensation and Employer's Liability (2) Commercial General Liability including Blanket Contractual Liability (3) Comprehensive Automobile Liability PAGE 4 OF 6 LIMIT OF LIABILITY Statutory Bodily Iniurv $500,000 Each Occurrence $1,000,000 Annual Aggregate Pro~ertv Damaqe (To include explosion, collapse and underground coverage) $300,000 Each Occurrence $500,000 Annual Aggregate Products Complete Operation $1,000,000 Annual Aggregate Bodily Injury and Property Damage Combined single Limit $1,000,000 Each Occurrence $1,000,000 Aggregate e .e (C) The Contractor will indemnify and save harmless the city, its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees incident to any work done in the performance of this Agreement, including damages, claims or penalties arising from the disposal of any waste by the Contractor, arising from the failure of the Contractor to comply with federal, state or local laws, rules and regulations relating to the disposal of any waste, or arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. However, the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees. (V) MISCELLANEOUS PROVISIONS (A) This Agreement shall be governed by the laws of the State of Texas. Should any disagreement occur concerning the Agreement, the parties agree that the venue for settling such disputes, including claims and suits, shall be Harris County, Texas. (B) All written notices shall be served by registered or certified mail to the parties, return receipt requested, as follows: city Contractor city Manager City of La Porte P.O. Box 1115 La Porte, Texas 77571 Sales Manager Sanifill of Texas, Inc. 13430 NW Freeway, suite 400 Houston, Texas 77040 (C) Other than by operation of law, no assignment of the Agreement or any other right accruing under this Agreement shall be made, in whole or on part, without the express written consent of the city. The city agrees to not unreasonably withhold consent of assignment. In the event of assignment, the assignee agrees to assume all terms and conditions of the Agreement. (D) The relationship between the parties shall be that of an Independent Contractor. Nothing herein contained shall be construed to mean that the Contractor is an employee, agent, servant or department of the city. (E) The Agreement shall not bestow any rights upon any third party, but rather, shall bind the City and the Contractor only. PAGE 5 OF 6 e re (F) This Agreement contains all the agreements of the parties relating to the subject matter hereof, supersedes all prior agreements, whether written or verbal, and is the full and final expression of the agreement between the parties. (G) In the event that any portion of the Agreement is found invalid or unenforceable, the invalid or unenforceable portion shall not affect the validity or enforceability of any other portion of the Agreement. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in multiple counterparts, each of which shall be deemed an original, this the ~ day of .::r fJ IJ ~ , 1995. THE CITY OF LA PORTE BY: ~~\, ~ Robert T. Herrera, City Manager (SEAL) ATTEST: ~~~i~ef~'~~ ~ APPROVED AS TO ttorney e ALLISON C. VAN PELT * NOTARY PUBLIC , State of Texas ~'" ,~ Comm. Exp. 03-13-99 BY: OF TEXAS, INC. ;.., r~.Ai'..~. 1',....~... (SEAL) ATTEST: (jh~ (;( lM1?rP{ Secretary PAGE 6 OF 6 e e ORDINANCE NO. 95- 2040 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND SANIFILL OF TEXAS, INC., FOR THE OPERATION OF A TYPE IV LANDFILL; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking descr ibed in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the city of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the city Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The city Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e e ORDINANCE NO. 95- 2040 PAGE 2 PASSED AND APPROVED, this 12th day of June, 1995. CITY OF LA PORTE By: ~~~ Mayor ATTEST: @-~ 1(LV,~4 ~ ~ city Secretary ~ \J APPROVED: /'i / I w. Askins, Attorney e e AGREEMENT FOR OPERATION OF TYPE IV LANDFILL BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND SANIFILL OF TEXAS, INC. THIS AGREEMENT for the operation of a Type IV landfill made and entered into at La Porte, Texas, as of the first day of April, 1995, by and between the CITY OF LA PORTE, TEXAS, a Texas Municipal Corporation, hereinafter called the "city", and SANIFILL OF TEXAS, INC., a Delaware Corporation, hereinafter called the "Contractor". WITNESSETH: WHEREAS, the City desires to dispose of Type IV Waste generated in the City; and WHEREAS, the parties desire to establish the terms and conditions of this Agreement; NOW, covenants follows: THEREFORE, for and in hereinafter set forth consideration of the mutual the parties hereby agree as (I) DISPOSAL SITE. The Contractor agrees to operate a Type IV sanitary landfill(s) at the Greenshadow Development and Greenbelt Development site(s) located on tract(s) of land described by metes and bounds in" Municipal Solid Waste Permit No. 1478 and No. 1540, (or any other mutually agreed upon site) hereinafter called the "Landfill" for the complete handling, processing and disposal, by the sanitary landfill method, of Type IV Waste generated in the City and collected by the City or its contractor, according to the all of the terms and provisions hereinafter contained. (A) Materials to be disposed of. The Contractor shall accept for disposal all Type IV Waste, as that term is defined in Article 4477-7 V.A.T.S., the Municipal Solid Waste Act, brought to the Landfill by the City or its contractor. The Contractor may designate the location on the site at which material is to be unloaded. (B) Operation of disposal site. The Contractor shall have the exclusive right to the use of and responsibility for the operation of the disposal site for the term of this Agreement or any extension thereof, subject to the following terms and provisions: PAGE 1 OF 6 e e (1) The Contractor shall furnish all labor, tools, equipment and power for the operation of the Landfill, and shall be responsible for all necessary maintenance thereof. Contractor shall operate the site according to terms and provisions of Municipal Solid Waste Permit(s) No. 1478 and 1540, and under the supervision of an experienced person so that it shall not become a nuisance or an offence to the city. Contractor shall maintain suitable roads within the Landfill for truck traffic. (2) All waste and other refuse accepted by the Contractor shall be thoroughly compacted by equipment operations. Sufficient auxiliary equipment shall be maintained on the site or kept otherwise available to permit operation in case of equipment breakdown or increased volume of material to be handled. (3) The area shall be neat and sanitary at all times. (4) The Contractor agrees to comply with all laws, ordinances and regulations of the State of Texas and with the terms and conditions of its permit applicable to the operation under this Agreement and to conform with the standards of operation as established by the u.S. Public Health Service, and agrees that all services rendered by it hereunder shall be rendered in a clean, sanitary, neat, courteous and efficient manner and that it will instruct its employees accordingly. In the event the Contractor shall wholly fail to dispose of garbage and other materials herein provided to be disposed of for a period of two (2) weeks, and provided such failure is not due to war, insurrection, riot, strike, act of God or any other cause or causes beyond the Contractor's control, the City may, at its option after written notice to the Contractor, terminate this Agreement. (5) In the event that the City shall, without fault on its part, be made a party to litigation arising as a result of failure of the Contractor to comply with any provisions of this Agreement or by reason of the Contractor's operation or use of the subject premises (other than provided for herein) brought by or against the Contractor, the Contractor shall pay all reasonable costs and attorney's fees necessarily incurred by the City in defense of such litigation, and shall save and hold the City harmless from any liability therefrom. (C) Nuisance-free operations. The Landfill shall be operated by the Contractor in a nuisance-free manner, and in such a manner as not to generate or produce any obj ectionable or offensive odors, noise, smoke or fumes outside the Landfill premises, and in a manner meeting and complying with all valid, non-discriminatory and generally applicable ordinances, regulations and laws of the State of Texas and other PAGE 2 OF 6 e .e regulatory bodies having jurisdiction over the Contractor's operation, which may be from time to time in effect and applicable to the Contractor's operations. Conditions unfavorable for the production of vectors shall be maintained by carrying out routine landfill operations promptly in a systematic manner. Supplemental vector control measures shall be instituted whenever necessary. (II) TERM OF AGREEMENT. This Agreement shall be for a period of five (5) years beginning April 1, 1995, and ending March 31, 2000. (III) COMPENSATION TO CONTRACTOR. As full compensation to the Contractor for operation of the Landfill, the city agrees to pay the Contractor the following fees, plus the amount of the State fees imposed on the Contractor for each type of waste: (A) Tvpe IV solid waste. 1st year of Agreement $3.50 per cubic yard plus State fee (B) Adjustments to base fees. On April 1 of each year during the term of the Agreement, the parties agree to adjust the base fees so that it shall be increased or decreased in accordance with changes in the Consumer Price Index in the Houston metropolitan area for Urban Consumers (CPI-U) as promulgated by the Bureau of Labor Statistics of the united States Department of Labor, using the year 1995 as a base. (C) Time of payment. The Contractor shall invoice the City monthly, invoices to.be submitted at the last of each month, accompanied by tickets which are collected by the Contractor as refuse trucks make deliveries, and shall include the last full week of each month. Invoices shall be paid by the city monthly, not later than the 10th day following receipt of the invoice for the month for which the invoice is rendered. (D) Contractor shall accept for disposal all Type IV waste, consistent with their permit, generated by the City including that collected by private haulers and that brought to the Landfill by private citizens and shall make a reasonable charge for disposal therefor, which charge shall bear a reasonable relationship to the charges made to the city. (E) keep a.m. Hours of operations and holidays. The Contractor shall the Landfill open for the receiving of waste from 7:30 to 4:30 p.m. Monday through Friday and 8:00 a.m. to 12:00 saturdays, except holidays. noon (IV) INSURANCE AND WORKER'S COMPENSATION. PAGE 3 OF 6 e :e (A) The Contractor shall, at its own expense, maintain in full force and effect during the term of this Agreement Employer's Liability, Worker's Compensation, Public Liability and Property Damage insurance. All insurance shall be by insurers licensed to do business in the state of Texas. The Contractor shall furnish the city certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall name the Contractor and the City as insured parties. (B) The insurance, at a minimum, must include the following coverages and limits of liability: COVERAGE (1) Worker's compensation and Employer's Liability (2) Commercial General Liability including Blanket Contractual Liability (3) Comprehensive Automobile Liability LIMIT OF LIABILITY statutory BodilY Iniury $500,000 Each Occurrence $1,000,000 Annual Aggregate Property Damaqe (To include explosion, collapse and underground coverage) $300,000 Each Occurrence $500,000 Annual Aggregate Products Complete operation $1,000,000 Annual Aggregate Bodily Injury and Property Damage Combined Single Limit $1,000,000 Each Occurrence $1,000,000 Aggregate (C) The Contractor will indemnify and save harmless the City, its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees incident to any work done in the performance of this Agreement, including damages, claims or penalties arising from the disposal of any waste by the Contractor, arising from the failure of the Contractor to comply with federal, state or local laws, rules and regulations relating to the disposal of any waste, or arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. However, the Contractor shall not be liable for PAGE 4 OF 6 e e any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees arising out of a willful or negligent act or omission of the city, its officers, agents, servants and employees. (V) MISCELLANEOUS PROVISIONS (A) This Agreement shall be governed by the laws of the State of Texas. Should any disagreement occur concerning the Agreement, the parties agree that the venue for settling such disputes, including claims and suits, shall be Harris County, Texas. (B) All written notices shall be served by registered or certified mail to the parties, return receipt requested, as follows: citv Contractor city Manager city of La Porte P.O. Box 1115 La Porte, Texas 77571 Sales Manager Sanifill of Texas, Inc. 13430 NW Freeway, suite 400 Houston, Texas 77040 (C) Other than by operation of law, no assignment of the Agreement or any other right accruing under this Agreement shall be made, in whole or on part, without the express written consent of the City. The city agrees to not unreasonably withhold consent of assignment. In the event of assignment, the assignee agrees to assume all terms and conditions of the Agreement. (0) The relationship between the parties shall be that of an Independent Contractor. Nothing herein contained shall be construed to mean that the Contractor is an employee, agent, servant or department of the City. (E) The Agreement shall not bestow any rights upon any third party, but rather, shall bind the City and the Contractor only. (F) This Agreement contains all the agreements of the parties relating to the subject matter hereof, supersedes all prior agreements, whether written or verbal, and is the full and final expression of the agreement between the parties. (G) In the event that any portion of the Agreement is found invalid or unenforceable, the invalid or unenforceable portion shall not affect the validity or enforceability of any other portion of the Agreement. PAGE 5 OF 6 e e IN WITNESS WHEREOF, the parties to these presents have executed this agreement in multiple counterparts, each of which shall be deemed an original, this the L1L- day of :5lJ~ , 1995. THE CITY OF LA PORTE BY: G~ \\ I~ Robert T. Herrera, City Manager (SEAL) ATTEST: @. ~~ (LV. -t;,-tl0J . ~~ , Cl ty Secreta U U APP~A:J;P, _ o . . Knox W. Asklns, Clty Attorney SANIFILL OF TEXAS, INC. AWSOII C. VAN PElT NOTARY PUBLIC State of Texas Com BY: m. Exp. 03-13.99 (SEAL) ATTEST: ()j it f1M7 Ct Ja /r1 Cj3 ~ t Secretary PAGE 6 OF 6 e e 'QUEST FOR CITY COUNCIL AGENDA IT' X Report Department: Administration Agenda Date Requested: Requested By: John Joern X Ordinance Exhibits: 1. Ordinance 2. Policy for providing water to industries outside the City (but within extraterritorial jurisdiction) 3. Proposed Water Service Agreement with Akzo-Nobel 4. Proposed Utility Extension Agreement with Akzo-Nobel SUMMARY & RECOMMENDATION On May 8, 1995, Council approved a policy for provision of potable water service to companies outside the city limits that have current Industrial District Agreements with the City. In addition, the proposed Water Service and Utility Extension Agreements that were presented received approval as to form. Akzo-Nobel wishes to pursue water service under the terms and conditions offered by the City. Based on 550 employees, the average monthly demand will be 838,750 gallons, for which Akzo-Nobel will pay one and one-half (11h) times the City's current rate. The term of the Water Service Agreement is for five (5) years plus any renewals and extensions thereof. However, the Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if the City exercises the right of termination. The Utility Extension Agreement provides for the City to participate in the oversizing of the line within the City's corporate limits. Oversizing shall be the difference in cost for 8" versus 12" pipe and appurtenances, a total length of 265 feet. This will provide for future extension of the line along Fairmont Parkway. The participation will take the form of a credit against the administrative connection charge of $15,000. The estimated value of this credit is $1,726.00. A copy of the Agreements are included for Council's review. Staff recommends approval of the Water Service and Utility Extension Agreements submitted by Akzo-Nobel, Inc. Action Required by Council: Consider approval of an ordinance authorizing the City to enter into a Water Service Agreement and Utility Extension Agreement with Akzo-Nobel, Inc. Availability of Funds: N/ A General Fund Capital Improvement Other Water/wastewater General Revenue Sharing Account Number: Funds Available: _YES _NO mrTtvC~dg Ro ert . Herrera City Manager tJ-l'~S DATE Requests City e for Potable of La Porte Industrial e Water Service Outside for Companies with an District Agreement the I. The proposed user shall supply the following information in writing: 1. statement of utility demands including as a minimum: Average day demand Peak day demand Minimum working pressure requirements Number of regular and contract employees Which shall be reviewed and approved by the City of La Porte 2. Certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. II. ci ty of La Porte will determine availability of adequate utilities based on the number of employees (regular and contract) onsite times an average day demand of 50 gallons/day/employee. If adequate utilities are available the provisions outlined in section III shall apply. If adequate utilities are not available potable water service shall not be recommended unless special provisions are made (and approved) for a utility extension of proper size to meet present and projected demands for municipal water service for the area. All proposed extensions shall meet the City of La Porte policy for a utility extension agreement which requires: - procurement of all necessary easements, right-of-ways, permits, etc. (at no cost to the city) - dedication of utility to the City of La Porte as well as other provisions. - e III. Requests for potable water service by users outside the city limits of La Porte shall be subject to the following conditions: 1. Must have City of La Porte Council approval. . City determines locations, line sizes and approves plans . No outlay of City funds (other than administration of contracts and policies) . Lines to be installed in easements ~ if installed in rights-of-way Industry would be responsible for future relocation expenses. 2. Require that City water be used for human consumption, washing, etc., and at no time be used for process water of any sort without specific approval of City Council. 3. Where required by the city of La Porte (mandatory for all process-type plants) a reduced pressure zone backflow preventor must be installed to protect the city from any possible cross-connections. 4. When recommended by the City of La Porte, a meter bypass will be installed. 5. All plumbing shall be permitted and shall meet applicable state and City of La Porte code requirements. ci ty of La Porte shall have the right to inspect any and all work related to the furnishings of potable water to the user. 6. The proposed user shall pay a one-time connection fee of $100.00 per employeej with a minimum of $5,000 and a maximum of $15,000. 7. The user shall pay 150% of the water rates currently in effect for users within the corporate limits of the City of La Porte. For water usage in excess of the average day demand the user shall pay 200% of the water rates currently in effect for users within the corporate limits of the City of La Porte. 8. The user shall enter into a contract with the City of La Porte outlining the provisions for potable water service outside the corporate limits of La Porte. 9. Exceptions: . Prior contracts or commitments made by city of La Porte . Council has right to review, modify or enter into other agreements as it sees fit. . e ORDINANCE NO. 95- 2041 AN ORDINANCE APPROVING AND AUTHORIZING THE CITY OF LA PORTE TO ENTER INTO A WATER SERVICE AGREEMENT AND UTILITY EXTENSION AGREEMENT WITH AKZO-NOBEL, INC.; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking descr ibed in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and 'incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The city Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the city council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e ORDINANCE NO. 95- 2041 e PAGE 2 PASSED AND APPROVED, this 12th day of June, 1995. ATTEST: , city Secretary Knox City CITY OF LA PORTE By: ~~1'~~( Mayor ~.~-\t ~ e e STATE OF TEXAS ~ COUNTY OF HARRIS ~ WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and Akzo Nobel Chemical s Inc. . a corporation, hereinafter called "COMPANY". I. COMPANY is the owner of certain real property which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. CITY and COMPANY have entered into a "Utility Extension Agreement" of even date herewith. which provides for the extension of CITY'S potable water to COMPANY'S property. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses, and not for use for industrial processes of any kind. Previous planning considerations for the long range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and llnlimited water service as requested. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: e e ID. COMPANY has made the following representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. Number of Employees on-site 3?5 Number of Contract Employees 225 Total on-site 550 IV. CITY has determined that adequate facilities are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Payment to CITY of a one time administrative connection charge of $15.000. (B) The average daily demand is established at 27.500 (_) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (C) The average montWy demand of 838.750 () gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (D) The cost of water up to the average monthly demand of 838.750 (_) gallons shall be one hundred fifty percent (150%) of the CITY'S current rate as established from time to time for commercial customers inside its corporate limits. (E) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S current rate as established from time to time for commercial customers inside its corporate limits. (F) Nothing contained in this Agreement shall obligate CITY to furnish more than the avert monthly demand of 838,7 50 ~) gallons. Repeated consumptions greater than the established average monthly demand may result in termination of service. (G) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (H) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (I) The total cost for the engineering design and construction of the potable water main will be the responsibility of COMPANY. (J) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (K) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (L) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (M) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (N) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. . v. e All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. CITY shall have final authority over size, location, materials, and other engineering matters concerning the extension of water mains to COMPANY'S property. These matters are the subject of a Utility Extension Agreement between the parties, of even date herewith. CITY will have ownership and maintenance responsibility for its water mains, up to COMPANY'S water meter. In the event the Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY's expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. e IX. e Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six month period, CITY shall have the right to terminate water service at its sole discretion. X. In the event of any conflict between the terms and provisions of this Water Service Agreement and a Utility Extension Agreement of even date herewith. and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement and the Utility Extension Agreement shall control, to the extent of such conflict. The term of this Agreement shall be for five years plus any renewals and extensions thereof. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective "the day of .1995. Akzo Nobel Chemicals Inc. Company By: ;J~ Name: Paul A. Gr; ssom Title: Pasadena $; te Manager Address: 13000 Bay Park Rd Pasadena. TX 77507 ~T: ~~ I ~ . '~dru I :\;; By: ~ CIty ecretary CITY OF lA PORTE ~~/M~~ ~o an. alone Mayor AP~~L . e Knox W. Askins City Attorney City of La Porte PO Box 1218 La Porte, TX 77572-1218 By: G<.~ 'To ~ Robert T. Herrera City Manager City of La Porte PO Box 1115 La Porte, TX 77572-1115 Phone: (713) 471-1886 Fax: (713) 471-2047 Phone: (713) 471-5020 Fax: (713) 471-7168 . e UTILIlY EXTENSION AGREEMENT THE STATE OF TEXAS: COUN'IY OF HARRIS: This agreement, made this day of .19 . by and between the City of La Porte, herein called .City", acting herein through its City Manaqer (Title of Authorized Official) and Akzo Nobel Chemicals Inc. {Strike out inapplicable terms} (a corporation), ~lil~~~~:ll>>lGl6ij~ Bayport Industrial of Oi stri ct . County of Harri s . and State of Texas ) hereinafter called .Owner.. (1) All references to .Utility Main(s)" hereunder shall, for the purposes of this agreement, refer to the 1211 pipeline that will connect to the City of LaPorte's existing 1211 water main located on the north side of Fairmont Parkway, extend eastward for approximately 265 feet. branch southward with an 811 pipeline, cross under Fairmont Aarl<lway and extend approximately 4200 feet southward along the west side of Bay Park Road, crossing under Bay Park Road with a 411 waterline and entering into the property of Akzo Nobel ending with a back flow prevention device and meter. (Job Package #155104) (2) Owner is the owner of certain property in the Bayport Industrial District of the City of La Porte, HarrisCounty,Texas,identifiedas; Akzo Nobel N.S., 13000 Bay Park Road, Pasadena, TX 77507; being one hundred (100.00) acres of land, out of the George B. McKinstry League, A-47, and the Wm. M. Jones Survey, A-482, Harris County, Texas. Said 100 acres being more particularly described as follows: (Attachment A) City's utility mains do not presently extend to said property. Owner has requested City to extend utility mains e e to Owner's said property. Owner and City have entered into a separate "Water Service Agreement~ of even date herewith, which provides for limited water service to Owner. (3) :City hereby agrees to an extension of its utility main(s) to said property commencing at the nearest existing utility main(s) of sufficient size and capacity. Thence along/thru City of La Porte rights-of-way and/or easements to said Owner's property. Provided, however, that should City not possess all necessary rights- of-way, easements, licenses, and/or permits, Owner shall be solely responsible for obtaining said additional rights-of-way, easements, licenses, and/or permits at no cost to City. All permits and approvals required by entities with jurisdiction shall be secured prior to construction. (4) Owner agrees to pay all costs related to the construction and installation of said utility mains, including necessary appurtenances in conformance with City's standards and specifications for said utility mains. Owner further agrees to pay all engineering fees for survey, design, contract documents, bidding, construction staking, construction inspection, and preparation of record drawings. Any credit, funding or other participation byCityshallbedescribedbelow; (1) Difference in cost of materials for installation of 12 inch waterline V5. 8 inch waterline for 265 feet of pipe installed west to east along north side of Fairmont Parkway to a location aooroximately 45 feet west of the center line of Bay Park Road. job Package 155104 Drawing H5104CV1 . (2) Difference in cost of materials for installation of 12 inch IITII fitting vs. 8 inch IILII at branching location of 12 inch waterline installed along north side of Fa;rmont Parkway Job Package 155104 Drawing H5104CV1 (3) Cost of materials for installation of one 20 foot joint of 12 inch pipe with 1 inch block valv~. and plug.-connecting to 12 inch IITII fitting and extendin9 eastward along Fairmont Parkway. Job Package 155104 Drawing H5104CV1 (5) Subject to the provisions of this agreement, City hereby agrees to the construction and installation of said utility main(s) according to the plans, specifications, and contract documents to be prepared by the Owner's engineer and approved by the City. The contract documents shall include a provision for a one (1) year warranty from defects in materials and workmanship. The documents will also provide a "Notice~ to Contractor that the City of La Porte will perform the daily construction inspection to insure compliance with plans and specifications. Owner agrees that City will not be responsible for issuing or approving payments to the Contractor. It is agreed and understood that Owner is responsible for paying for any unforeseen aists/or cost overruns in the project that result from circumstances beyond the control of the City. e e (6) City shall have the right to approve the Engineer and the Contractor selected by Owner. Upon completion and approval of plans, specifications, and contract documents, the City shall authorize the Owner to secure bids from. qualified underground utility contractors. (7) Owner agrees that upon completion and acceptance by City, City will assume ownership and maintenance of the utility main and as such shall have full control over future extensions and connections thereto. (8) Owner and City have entered into a separate .Water Service Agreement. which provides terms and conditions for limited water service to Owner and as such, Owner is not responsible for payment of City's prevailing square footage and/or front footage connection charge for water service. However, Owner shall be responsible for all other tap fees and customary charges. (9) For the purposes of reimbursement, as provided for in paragraph 10, Owner agrees to supply City with a statement of final construction costs. Owner and City agree to use the final construction cost to develop an average cost/foot Said average cost per foot shall equal the final construction cost, less any allowances for City participation, divided by the total length of utility main eligIole for reimbursement as defined by Exluoit A (10) In the event that other owners of property abutting the utility mains extended by Owner under this contract:, as shown on the plat attached hereto as Exluoit A and incorporated by reference herein, shall utilize the extended utility mains constructed under this agreement, by making connection thereto under a permit from City within a period of ten (10) years from and after the date City has accepted the construction of said facilities by the contractor, City agrees to collect from said property owners, an amount equal to one-haH (Yz) their frontage abutting the utility main times the average cost/foot City agrees to reimburse Owner the amount collected from such property owners until Owner has been reimbursed the construction costs paid by Owner, less an amount equal to one-half (Yz) the Owner's frontage times the average cost/foot In the event that other Owner(s) have participated in the cost of the extension of this line(s), all participating owner(s) shall be reimbursed Dro rata to their respective participation in the cost of the line(s). IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several counterparts, each of which shall be deemed an original, in the year and day first mentioned above. e e CITY OF LA PORTE (Seal) ATIE5T~ ~ BY' Wilh1l (1Lvl/ (Secretary) By:<:2~ T. ~ TTrLE: City Manager (Seal) /~~ OWNER: Akzo Nobel Chemicals Inc. BY: Paul A. Grissom TTrLE: Pasadena Si te Manager (Witness) (City Attorney) Note: City Secretary should attest: If Owner is a corporation, Secretary of Corporation should attest BY: .0 ATTEST: '. ~. .~. Afi:.~ CARLEA B. HAYNES !!"J: ~~~\ NOTARY PUBLIC ,~\~'P~~ ~ State of Texas Of' ,-omm. Exp. 03-16-98 e e ATTACHMENT A AKZO NOBEL CHEMICALS INC. SITE DESCRIPTION UTILITY EXTENSION AGREEMENT Being one hundred (100.00) acres of land, out of the George B. McKinstry League, A-47, and the Wm. M. Jones Survey, A-482, Harris County, Texas, said 100 acres being more particularly described as follows: BEGINNING at Rod 2675 marking the intersection of the West line of a 50-foot-wide Southern Pacific Transportation Company railroad spur right-of-way with .the north line of a 100-foot-wide pipeline easement known as Corridor "30", located in the George B. McKinstry League, A-47, said Rod 2675 being N 202S'20" W 220.00 feet from the northeast comer of a 963.850 acre tract described as Tract I in deed from Friendswood Development Corporation to Celanese Corporation of America dated February 6, 1967 and recorded in Volume 6653, Page 79, Harris County Deed Records; THENCE S 87031'40" W with the north line of said Corridor "30", a distance of 2045.02 feet to Rod 2680 in the east right-of-way line of a proposed 100-foot-wide road; THENCE N 2028'20" W with the east right-of-way line of said proposed road, at 1948.29 feet pass the north line of the said George McKinstry League, same being the south line of the Wm. M. Jones Survey, A-482, and continuing on the same bearing with the said east road right-of-way line a total distance of 2118:29 feet to Rod 2679 for comer; THENCE N 87029'20" E, parallel with and 170.00 feet north of the common line of the said McKinstry League and Jones Survey, a distance of 2095.03 feet to Rod 2678 at the northwest comer of a 1O.319-acre tract described as Tract No.3 in deed from Friendswood Development Corporation to Houston Lighting & Power Company dated March 7, 1968, and recorded in Volume 7146, Page 37, Harris County Deed Records; THENCE S 2028'20" E with the west line of said Tract No.3, at 170.00 feet pass the southwest comer of said Tract No.3, same being the northwest comer of Tract No.2, described in said deed to Houston Lighting & Power Company, said comer being in the common line between the said Jones and McKinstry Surveys said point being S 870-29'52" W 499.42 feet from the southeast comer of the said Jones Survey, and continuing on the same course with the west line of said Tract No.2 a total distance of 389.41 feet to Road 2677 in the westerly line of said 50-foot-wide railroad spur right-of-way, said rod being in the arc of a curve to the left; THENCE southerly with the westerly line of said railroad spur, along the arc of said curve having a central angle of 26017'05" and a radius of 483.59 feet, an arc distance of 221.85 feet to Rod 2676 at the P.T. of said curve; THENCE S 2028'20" E with the west line of said railroad spur 1515.83 feet to the PLACE OF BEGINNiNG and containing 100.00 acres of land. e e EXHIBIT A ~ I i ! ~ <D -.\ '-0-, @ @ r,\DtKlNT ,.ItI<<'tIA' FAlRMONT P'INVY. - ---.- --: ////7; ~ /~ f \ I I I I ; f ! . I . . t .1 . 61 I \ , I \~ Average Cost per foot= ," I~ < Total Construction Cost Ii j from pt A to :Rt C less any I allowance for City participation . .' \ divided by length B to C. vL---Y...-1 - 1-,....-- ~ v L,.- - - - - - - - -.;;;;--...;.: - - - - - - - - - - - - - - - - - - - - - - - - - ,1 W~// /@ \ v~ ~// '/"$ ,/0.'/// ~ \ ~:;~ ''l'/// '/ ~ // ~ \ ~ :;~ ~~ ~ ~/ ~ 1iJ '/ ~~ ~ ~ ~ / ~~ I ~'0 ~ ;'~ ~;:~ ~~~ ~ ~ ~~/ ~ C///- ~ /// 0 ~ ~ ~ 'l; ./// '/ /~ ~ ~// ~ Z~~ ~fli,; D ~ ~ ~~1 W/~ ~ ~ 0"h /. \ W//-0'% '/:/ ~:;~ \~~ p/ ri B to C /0 / / . ~~~~~r~~~ent II ~ //,~ .../.../ ./ :j:; ~~. ;1 \ .l~ ~ ~ ~f~ %~ \~//@ % %~~ 0 % '// ~ ~%; ~ \ ~ ~ a; : ~~:;/ '// /~~ ~ \~ ~ ~~ '/ ~ '//~0"// \ ~'/////~'//- /'// /N/ ~ '/ ~ ~ "// ///~ //~ '/ 'i \ ~ ~ :; ~ / ~/: 'l~/i~/4\~ ~ /'/~;~ / ~ ~:; '/~00J %- 'i'/// I ~ 'i;: ~<</. ;' / ,;; ....J."'/ // / //- /~/0/j '/ ~0 '/ \ "/ ~:;~ij '/ '/ ,/:/'// ~;/ ~/,~ /~~'//~ ~ I ~ ~ ~ ~~ ... .... "\ J ------ . m:i ~ ----------- \' ~ ~\ ~.~ ~ ~ ~ -~. \ ------ -- ~ ~ {~~ ~~~1 r: ~ ~ l , I h e e ~~ cd- ~ \ d.} 1cr15 ex N\~ e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: MAY 12. J. L. SEASE 9/.1- / 1995 Requested By: Department: FIRE Report Resolution x Ordinance Exhibits: Copy of Ordinance approving entering into contract with Harris County. Copy of Fire Protection Contract. Copy of letter from County Fire Marshal. Copy of memo from Fire Chief to Asst. City Manager SUMMARY & RECOMMENDATION Harris County has sent us the annual fire protection contract for protection of Zones 33 AND 34, the areas north of Highway 225 and south of Fairmont Parkway. These zones conicide wi th our industrial district boundaries. This is the standard contract that we have entered into for many years. The new contract runs from March 1, 1995 through March 31, 1996 and is for the amount of $3,335.00. This amount is $4220.00 less than last year (1994). This decrease is due to budget restraints in the County Fire Marshal budget. I have talked to the County Fire Marshal about the reduction in funds and have also discussed this with Jack Beckham, Director of Emergency Services in Deer Park (Memos Attached) . We recommend that the city approve the ordinance entering into a contract with the county"for fire protection in Zones 33 and 34 for the amount of $3,335.00. Action Required by council: Approve an ordinance authorizing the Mayor to enter into a contract with the County for Fire Protection of Zones 33 and 34. Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue sharing Account Number: Funds Available: Yes No Approved for City Council Aqenda Q{~ I. ~ Robert T. Herrera City Manager ~.7-q5. Date e e ORDINANCE NO. 95- 2042 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR THE CITY OF LA PORTE TO PROVIDE FIRE PROTECTION IN UNINCORPORATED AREAS OF HARRIS COUNTY; 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 title of this ordinance, in s\ ~~ ~ escr ibed in the the contract, agreement, or 1 as shown in the document which is attached he d herein by this reference. The City Manager 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. Harris county will pay the City of La Porte $3,335.00 for the term March 1, 1995, through March 31, 1996. 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 ci ty f.or the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect matter thereof has been discussed, considered and formally acted upon. The city Council further ratifies, approves and confirms such written notice and the contents and posting thereof. e e ORDINANCE NO. 95- 2042 PAGE 2 section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of June, 1995. CITY OF LA PORTE By: Norman L. Malone, Mayor ATTEST: Sue Lenes, City Secretary e e A G R E E MEN T THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ THIS AGREEMENT, made and entered into by and between HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter sometimes called "County," acting herein by and through its County Judge duly authorized to so act by an Order of the Harris. County Commissioners Court, and the City of LaPorte, a municipal corporation duly organized and existing under the laws of the State of Texas, hereinafter sometimes called "City," acting herein by and through its Mayor duly authorized to so act by an Ordinance duly passed by the City. WIT N E SSE T H: WHEREAS, Harris County desires to provide fire fighting and fire protection services to certain unincorporated areas of Harris County hereinafter designated to preserve the property of the County and to preserve and protect the public health of the citizens of the County; and WHEREAS, the City is willing to furnish fire fighting and fire protection services to said unincorporated areas of Harris County for the considerations hereinafter provided; NOW, THEREFORE, KNOW ALL MEN BY consideration of the mutual covenants, both parties, it is AGREED as follows: THESE PRESENTS: Tha t . in agreements, and benefits to I. During the term of this agreement, the City agrees to furnish fire fighting and fire department protection services to the unincorporated areas adjoining the corporate limits of this City designated by Zone Numbers 33 and 34 on the official fire protection zone map of Harris County, to which reference is here made. II. Harris County agrees to pay the sum of Three Thousand Three Hundred Thirty-Five and No/IOO Dollars ($3,335.00) to the City for fire fighting. and fire protection services to the unincorporated area of Harris County designated in Paragraph I of this agreement. The County agrees that said sum is to be paid to the City within thirty (30) days after the execution of this contract. e e III. The term of this agreement shall be for thirteen (13) months beginning March 1, 1995, and ending March 31, 1996. IV. It is hereby agreed and understood that the fire fighting and fire protection services to be furnished by the City under this agreement shall include, but not be limited to, the following: Answering all calls for help and assistance in extinguishing fires in the area designated in Paragraph I of this agreement; furnishing fire fighting personnel, equipment, and supplies to fight all fires within the said area; and answering all calls and furnishing fire fighting personnel, equipment and supplies to protect persons and property within the said area which are endangered by fires in adjacent areas; provided that the above described personnel, equipment and supplies are not otherwise engaged in fire fighting within the City. V. The City shall observe and comply with all federal, state, and local laws, rules, ordinances, and regulations in any manner affecting the conduct of the services herein provided and performance of all obligations undertaken by this agreement. VI. It is expressly understood that the County has the maximum sum of Three Thousand Three Hundred Thirty-Five and NO/lOa Dollars ($3,335.00) specifically allocated to fully discharge its obligations under this agreement and it is expressly understood that in no event shall the County be obligated to pay the City more than the sum of Three Thousand Three Hundred Thirty-Five and NO/lOa Dollars ($3,335.00) under the terms and provisions of the agreement. VII. It is further agreed that in the performance of all obligations undertaken by this agreement, the City has the right to supervise, manage, control and direct the performance of fire fighting and fire protection services; the County shall look to the City for results only and the County shall have no right at any time to direct or supervise the City or its agents or employees in the performance of such services or as to the manner, means or method in which the services are performed. -2- e e VIII. The City agrees to a certified copy of the Agreement within five agreement. deliver to the Fire Marshal of Harris County Ordinance authorizing the City to enter this (5) days after the execution of this IX. The City agrees to furnish the Fire Marshal of Harris County, not later than the fifth (5th) day of each month, a monthly report listing the total numbe~ of runs made into the area of Harris County designated in Paragraph I of this agreement for the previous month and such other information relating to fire fighting and fire prevention services of the City as may be requested by the Fire Marshal of Harris County. Said report shall be made on the form provided by the Harris County Fire Marshal and shall be signed and certified by an officer of the City. X. The City covenants and agrees that it will, at its own expense, maintain at all times during the term of this Agreement, a liability insurance policy naming the City as an insured and the County as an additional insured, covering injuries arising out of or in connection with the performance of the services herein provided for, with coverage of not less, than One Hundred Thousand and NO/100 Dollars ($100,000.00) for injuries to anyone person and not less than Three Hundred Thousand and NO/100 Dollars ($300,000.00) for injuries to more than one person in anyone accident or occurrence, and not less than One Hundred Thousand and NO/100 Dollars ($100,000.00) for any single occurrence for injury to or destruction of property, or in the amount of the County's maximum limitations of liability under the Texas Tort Claims Act, as amended, whichever is greater. Such liability insurance policy shall include coverage for all apparatus and/or premises made available to the City by County in performing its fire fighting obligations as well as any fire fighting and fire protection services provided for herein. Further, the City agrees to provide to County a certificate of insurance evidencing the same within fifteen (15) days after the execution of this Agreement. Said certificate of insurance shall be mailed to: Harris County Commissioners Court 1001 Preston, 9th Floor Houston, Texas 77002 Attention: Clerk A copy of such certificate of insurance shall also be provided to the address listed below within fifteen (15) days after execution of this Agreement: -3- e e Harris County Fire Marshal 480 N. Sam Houston Parkway Houston, Texas 77060 Attention: Leslie Deen Fire Department I s failure to timely provide such certificate of insurance shall be considered a breach of this Agreement thereby permitting the Fire Marshal to immediately terminate same without any further notice. XI. If either party hereto refuses or fails to timely perform any one or more of the undertakings and obligations which are to be performed hereunder, then and in that event, the other party hereto shall have the right to terminate this Agreement upon ten (10) days written notice to the defaulting party. Within ten (10) days after receipt of such notice of termination, the City shall refund to County an amount equal to 1/12th of the sum set forth in Paragraph II above, times the number of full calendar months remaining under the term of this Agreement after such termination date. XII. Any notice required or permitted to be given by County to the City hereunder may be given by certified or registered United States Mail, postage prepaid, return receipt requested, and addressed to: LaPorte Volunteer Fire Department P.O. Box 1115 LaPorte, Texas 77572-1115 Any notice required or permitted to be given by the City to County hereunder may be given by certified or registered United States Mail, postage or fee prepaid, return receipt requested addressed to: Harris County 1001 Preston, 9th Floor Houston, Texas 77002 Attention: County Judge Any notice shall be considered given and complete upon deposit in the United States Mail as aforesaid. -4- e e XIII. This instrument constitutes the entire agreement between the parties hereto and supersedes any and all agreements previously entered into by these same parties pertaining to fire fighting services insofar as it covers the term above specified. EXECUTED this the d- ~ day of f71 /}f C!A- , 19~. APPROVED AS TO FORM: MIKE DRISCOLL County Attorney HARRIS COUNTY By~~&/t~ MARILYN' BARNES Assist~nt County Attorney By rf?t~ ROBERT ECKELS, County Judge ATTEST: CITY OF LAPORTE Secretary By Mayor CERTIFICATION OF FUNDS I hereby certify Three Thousand Three ($3,335.00) to pay the the foregoing contract. that funds are available in the amount of Hundred Thirty-Five and NO/100 Dollars obligation of Harris County under and within TOMMY J. TOMPKINS County Auditor Harris County, Texas -5- e e ORDER AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LAPORTE THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ On this the )~ day of tJ11J1cA- 19 95, the Commissioners Court of Harris County, Texas, being duly convened at a regular meeting of the Court, upon motion of Commissioner Po"S-t.<~~ seconded by Commissioner Coet.$~ duly put and carried, It is ORDERED that the County Judge be, and he is hereby authorized to execute an agreement to provide fire fighting and fire protection services between Harris County and the City of LaPorte, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. PRESENlEu -,0 Commissioners Court MAR 2 8 1995 Date Recorded Vol. Page e e r eL'ci ;>f? /~:; OFFICE OF THE FIRE CHIEF CITY of LA PORTE INTER-OFFICE :MEMORANDUM TO: John Joerns, Assistant city Manager FROM: J. L. Sease, Fire Chief ~~ SUBJECT: Harris County Fire Protection Contract As previously discussed the County has reduced our Fire Protection Contract from $7555.00 for 1994 to $3335 for 1995. Attached is a memo from J. J. Pruitt, County Fire Marshal explaining the reason for the reduction, budget restraints. DATE: 5-16-95 I spoke to Jack Beckham, Director of Emergency Services in Deer Park and he said that Deer Park was going to accept the contract, but also write a memo to their County Commissioner mainly to assure that the Commission knew about the cut in funding to the cities or Fire Departments. They apparently have no concern about the actual cut in funding. We need to decide what we are going to recommend to the Council prior to SUbmitting an agenda request. e e J.J. PRUITT FIRE MARSHAL 713-931-1085 FAX 713-931-5874 480 N. SAM HOUSTON PARKWAY E. SUITE 105 HOUSTON, TEXAS n060-3521 April 24, 1995 LaPorte Volunteer Fire Department Joe Sease, Fire Chief P. O. Box 1115 LaPorte, Texas 77572-1115 Dear Fire Chief: Fire Departments excellent job communities. throughout the county serving the citizens continue to in our do an various Unfortunately, due to budget restraints the base rate for 1995 has been reduced to $3,100; however, the amount paid per run has not been affected. For your convenlence we are providing the formula we used to calculate your funding as follows: Maximum Base Rate: Fires outside of Cities/Tax Districts: $3,100 per year Structure Fire (per run) Mutual Aid (per run) Non-Structural Fire (per run) Large Non-Structural Fire (per run) Emergency Response (per run) $50-150 $ 50 $ 25 $ 50 $ 5 Your funding was based on (1) structure fire @ $150 each and (17) miscellaneous runs @ $5 each plus the 1995 base rate. If you have any questions please feel free to call. Sincerely, 0cJ~ J. J. Pruitt Fire Marshal J JP : md (pro/con-form) e e J.J. PRUITT FIRE MARSHAL 713-931-1085 FAX 713.931-5874 480 N. SAM HOUSTON PARKWAY E. SUITE 105 HOUSTON, TEXAS n060-3521 April 6, 1995 if;;) .r-, ,/ --<_:!'f'-('/ /......".: ,r~ s'-..........., -"""~' ''>--" ~-.-.......... ,...,~~'l Apo ..,' i~""" lJ -: -.: -'., ,'..,:..... i\"~/;J City of LaPorte Attention: City Secretary 604 W. Fairmont Pkwy LaPorte, Texas 77572 -'" .. .~:.,> ~ i.,i ;' ...... - _ .4'~ :1 / '''- '~'.J ...-......~-.. " Dear City Secretary: Enclosed please find two (2) copies of the 1995 contract for fire protection to be executed by the Mayor and City Secretary and returned to this office immediately. This contract was approved by Commissioners Court on March 28, 1995. Upon receipt of your signed contracts, they will be sent to the County Auditor for payment processing. Your check will be mailed out within 3-4 weeks by certified mail, return receipt requested to the attention of the City Secretary along with one (1) copy of the contract with original signatures. According to this contract you should send in the following: Section VIII - Copy of City Council Resolution regarding execution of contract. Section XI - Certificate of Liability Insurance. Please contact Leslie Deen, Asst. Fire Marshal, if you have any questions regarding this contract. Sincerely, ~1JR3b J. J. Pruitt Harris County Fire Marshal J JP : md (pro/contra4) cc: Fire Chief e e e e RESOLUTION NO. 95-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE SUPPORTING RETAINING JOHNSON SPACE CENTER ACTIVITIES IN THE CLEAR LAKE AREA; 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 Porte recognizes the Johnson Space Center as a major employer in the La Porte area. section 2. The city council of the city of La Porte supports the retention of the shuttle, orbiter, space station engineering divisions, Shuttle Program Management Office, and Orbiter Project Management Office at the Johnson Space Center in Houston. section 3. The City Council of the City of La Porte urges the Texas' congressional delegation to work to retain these jobs as it considers NASA's proposal and its budget. section 4. The city council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City council was posted at a place convenient to the public at the City Hall of the city for the time required by law proceeding 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 hereof. Section 5. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED THIS 12th day of June, 1995. CITY OF LA PORTE e e RESOLUTION 95-07 Page 2. ATTEST: ~~2\~~.~~~~u APPROVED: Knox Askins, city Attorney e - Item lOa Page 1 of 3 ......... JOHNSON SPACE CENTER Backwound In response to President Clinton's request to scale back the NASA budget, NASA's administration has outlined several proposals to cut an additional $5 billion from the agency over the next five years. One proposal that would adversely affect the H-GAC region is to take the shuttle, orbiter, and space station engineering divisions out of the Johnson Space Center (JSC) in Houston and move them to NASA's Huntsville, Alabama office. Another proposal is to move the Shuttle Program Management Office and Orbiter Project Management Office from Houston to the Kennedy Space Center in Florida. According to information provided by the Clear Lake Economic Development Foundation, these program relocations would cost the Houston-Galveston region 3,500 - 7,000 primary jobs and up to 21,000 secondary service, retail, and support jobs. Current Situation NASA Headquarters is currently reviewing reports of the field teams which have been studying the consolidation proposals. NASA Administrator Dan Goldin is expected to announce the agency's decision on May 17, 1995. Congress will also have an opportunity to influence this decision as it considers the federal budget this summer. H-GAC Executive Director Jack Steele has sent a letter to Senators Gramm and Hutchison, and H-GAC's Congressional delegation (see page 2) opposing the proposed consolidation. Action Requested Request Board adopt resolution supporting retaining Johnson Space Center activities in the Clear Lake area. H-GAC--5/8/95 ..., '~"4~""r~~"""""""'''l'"i,,,,,'"''T;--''.,",r:''''''':'J~____q. -;i:jb~'ii"!.:'t':i.,.;':"ijl';.),J'-~::;'':St~~~{_::~~'f'~,'l1':!!:z,:!<mf\;~~~~~~~~_...--:~~~~'i::-:,,/:; e e Houston-Galveston Area Council Office of the Executive Director PO Box 22777 . 3555 Timmons · Houston, Texas 77227-2777 . 713/627-3200 May 25, 1995 Hon. Norman Malone Mayor City of La Porte P. O. Box 1115 La Porte, TX 77571-1115 Dear Mayor Malone: I have enclosed a resolution unanimously adopted last Tuesday by the H-GAC Board of Directors regarding a proposal by NASA to move 3,500 to 7,500 jobs in engineering, space shuttle management, and orbiter operations out of Houston to Huntsville, Alabama and the Kennedy Space Center in Florida. I am pleased to report that last week, NASA announced that it is no longer considering this move. However, the Johnson Space Center (JSC) could still lose a substantial number of jobs due to potential cuts in the agency's budget. The JSC is a major employer in the H-GAC region and is responsible for many times its direct employment, in contractor and support jobs, throughout our region. The presence of the Space Center has also been a driving force in the diversification of our region's economy into the aerospace and high tech sectors. H-GAC's resolution supports the retention of engineering, space shuttle management, and orbiter operations at the JSC. We believe that these jobs bring important benefits to our entire thirteen county area. We have mailed the resolution to Senators Gramm and Hutchison, and the U.S. Representatives from the H-GAC region. I urge your City Council/Commissioners Court to contact the Senators as well as your Representatives in the House to show your support for maintaining a strong NASA presence at the Space Center. Even though NASA has dropped its proposal to relocate jobs to other NASA sites, the JSC still faces the threat of job losses through budget cuts. Continued efforts will be necessary to be sure our area is not disproportionately affected by future reductions. ." \.., Recycled page 2-NASA e . ...,.,..,....:-;...-.'l';'.~'"'-..-.,,~-,...~-' ~_;""r'.'I'...~;J-..;>~~..J...,;,.-.l/"~'rft;;,..<, ""';:'-"'~.~;_"_~''I.;:;r':_<;_'i..,,,,-cfl<:~~-~_~'~~~'~~"f~""vt~~;'~f~n;;:r-_;.... e You may wish to adopt a resolution similar to H-GAC's, write individual letters or make phone calls. It is very important that our congressional delegation hear from elected officials in our region prior to making their final decisions on the NASA budget. I appreciate your action on this important matter. If you have any questions, please do not hesitate to call. Enclosures Sincerely, Jack Steele Item lOa Page 3 of 3 RE5E1bDTIElN IRA ORIA ~ ~ COV~ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS SUPPORTING RETAINING JOHNSON SPACE CENTER ACTIVITIES IN THE CLEAR LAKE AREA. WHEREAS, the Houston-Galveston Area Council (H-GAC) is a regional voluntary association of local governments and local elected officials serving the 13-county Gulf Coast Planning Area, with nearly 4 million residents; and WHEREAS, the Johnson Space Center is a major employer in the Houston-Galveston region; and WHEREAS, the "spin-off" growth opportunities in the aerospace and high tech sectors provided by the Johnson Space Center are critical to the long-term growth and diversification of the Houston-Galveston regional economy; and WHEREAS, NASA is currently considering consolidation proposals which would move 3,500 - 7,000 jobs in engineering, space shuttle management, and orbiter operations from the Johnson Space Center to NASA centers in Alabama and Florida: NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Houston-Galveston Area Council that: 1. H -GAC supports the retention of the shuttle, orbiter, and space station engineering divisions and the Shuttle Program Management Office and Orbiter Project Management Office at the Johnson Space Center in Houston; 2. H-GAC urges Texas' Congressional delegation to work to retain these jobs as it considers NASA's proposal and its budget. ADOPTED by the Board of Directors of the Houston-Galveston Area Council on this 16th day of May, 1995. ~PR-()1ED: /(~ 1Y?l1~~ 1d#. - Sandra Pickett Councilwoman, City of Liberty H-GAC President ATTEST: ~~-:?Z4C:-/ ~~~~ Thomas A. Manison Director, Waters Davis Soil & Water Conservation District H-GAC Secretary-Treasurer e e ~T FOR CITY COUNCIL AGEND~ Agenda Date Requested: J~une 12 1995 Requested By: steve Gill ~partment: XXX Report Resolution Exhibits: Bid Recap Sealed Bids # 0643 - Recycling Trailer Public Works Ordinance SUMMARY & RECOMMENDATION Advertised, sealed bids # 0643 for the purchase of a 16.5 cubic yard Recycling Trailer were opened and read on May 22, 1995. Bid requests were mailed to seven (7) vendors with two (2) returning bids and one (1) no bid. H-GAC has awarded a grant to the City of La Porte for the purchase of a Recycling Trailer to be used in our recycling program. It will be used for drop-off of recyclables during the week at the Public Works Service Center. This trailer will have eight (8) compartments to collect various recyclables. The trailer will be purchased using city funds with H-GAC reimbursing the grant portion. Low bid meeting specifications was submitted by National Manufacturing Company at a total cost of seven thousand, three hundred thirty-one dollars ($7,331.00). The grant will cover $6597.90 (90%) of the cost of the trailer with the Solid Waste Division absorbing the remaining $733.10 (10%) from the 94/95 Operating Budget. Staff recommends acceptance of the grant funds to purchase the Recycling Trailer and award of the bid to National Manufacturing Company, low bidder meeting specifications, in the amount of $7,331.00. Action Required by Council: Authorize City Manager to sign contract accepting Recycling Grant from H-GAC and award bid for Recycling Trailer as recommended by Staff. = Availability of Funds: xxx General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001-700-702-821 Funds Available: -XX-YES lTO Approved for city Council Aaenda ~~T. ~_ Robert T. Herrera City Manager ~'I'~S DATE .,.. ~ e e BID TABULATION - RECYCLING TRAILER .......~!~.~~.........:...:........................................... .._~~~..l~.. "'GENev".~P,: 'PRQf_en;'tNQ . ($lDEo+Tq;..sIp ..' 1) RECYCLING TRAilER II Cubic Yards i AlTERNATE PROPOSAl I Cubic Yards I $7,331.00 $9,075.00 $9,955.00 I NO BID I 16.5 16 16 I I $6,990.00 $9,760.00 $10,700.00 I 12.51 18 I I I 18 I BIDDER'S LIST RECYCLING TRAILER BID #0643 HENDRIX TRUCK & EQUIPMENT CO. 6600 EAST BEN WHITE AUSTIN, TX 78741 HIGHWAY MANUFACTURING 333 2nd STREET, NE HOPKINS, MN 55343 KANN CORPORATION P.O. BOX 400 GUTTENBERG, IA 52052 NATIONAL MANUFACTURING CO. 675 12th AVENUE, SE VALLEY CITY, ND 58072 PRO-TAINER, INC. P.O. BOX 427 ALEXANDRIA, MN 56308 S & S MANUFACTURING, INC. P.O. BOX 3604 BARTLESVILLE, OK 74006 STECO, INC. P.O. BOX 3127 ENID, OK 73702 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 BAYSHORE SUN PUBLISH DATES: MAY 7, 1995 MAY 14, 1995 REQST FQR CITY CQUNCIL AGEND~ITEM Agenda Date Requested: June 12. 1995 Requested By: Robert T. Herrera Department: Administration xx Report Resolution Ordinance Exhibits: 1. Memo from Susan Kelley 2 Bid Tabulation 3. Bidders' List SUMMARY & RECOMMENDATION Advertised, sealed bids #0642 were opened on May 15, 1995. Fifteen (15) bid requests were mailed with six (6) returning bids for new Council Chambers/Entrance Lobby furniture. By including Guest Chairs and an Occasional Table (for the Entrance Lobby) with the Council Chambers furniture bid, and by adding the Conference Chairs as an optional purchase, the City received a favorably priced package for the total furniture bid. . G & P Furniture, a local vendor, was low bid ($8,056.27) for the overall package. . Funds ($8,850.00) are available to cover the costs required to purchase the entire package at this time. Action Required by Council: Award bid for total furniture package to G & P Furniture, subject to specifications. Availability of Funds: xx General Fund_ Water jWastewater _ Capital Improvement_ General Revenue Sharing Other Account Number: 001-600-600-811 Funds Available: X YES NO Approved for City Council A&enda ~\.~ Robert T. Herrera City Manager LD-to.qc; Date e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM MAY 25, 1995 TO: FROM: CAROL BUTTLER, CITY MANAGER'S SECRETARY SUSAN KELLEY~URCHASING AGENT SUBJECT: SEALED BID #0642 - COUNCIL CHAMBERS FURNITURE Advertised, sealed bids #0642 - council chamber furniture were opened and read on May 15, 1995. Bid requests were mailed to fifteen (15) vendors with six (6) returning bids. Low bid meeting specifications was submitted by G & P Office Furniture, Inc. in the amount of $5,183.47. Adding the optional conference chairs at $2,872.80 increases the total to $8,056.27. 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 e e BID TABULATION - COUNCIL CHAMBERS FURNITURE ....................:.. i;:;;>. ..... !;j~""~;;~"[III..:lli[~:;gi%Wm:;m;H\;mt..:.:::......:..............~...........:......................:,....:,.~........,.:,..,.:,.~........,.....,..................:......:........,...,..,....,....."...,.."...,.:,.....:.,....'.,.'.,....~.........,..."...,.".....:,.'.:...,....,:."...0I.'.......,................'.~...',."...,...&IE.E......,.',..,...:'...'.'.'.....'.'."....l.,,!.I.,.'.:'.'.'."..:..""":""!:'..".':" ...,...'.:,....,..,.:..,....,..,......,...,1"..,....,.......,......'.,.'....'"..,.:........:,.'..,.!,....Bf...,.I.............'.'.....:~....'.................".s.~.....:...._..............'.......I.........I...:,..:...:..1.....,.,...1"...,.,:,.....,...,..,:....".,,...."...,.:...,..."......,..,...."..,....,...rBJ.,..,......".',....".'...~,..........,........,................,..,.',..,......'......,..,...,..:..................,...................:....:..::...........,..............: ,;~;.~.i%::'._:i:.,....I.'...:.:...::... ~FND. . '. .... ,~ ~ 1) CONFERENCE TABLE 2 $368.39 $471.00 $364.00 $519.00 $380.00 $472.36 2) COUNCIL CHAIRS 12 $332.08 $363.58 $434.40 $695.00 $747.00 $631.33 3) GUEST CHAIRS 2 $185.30 $239.00 $245.81 $195.00 $195.00 $286.60 4) OCCASIONAL TABLE 1 $91.13 $138.00 $123.00 $249.00 $225.00 NO BID ................ .. .....................'. ............................ ........................ .. ........... ......................... H,j~.<47.~~;"$fJ~~~.$jq~pit~qp$1q~~.qQ~jq~~M OPTION CONFERENCE CHAIRS 12 $239.40 $249.92 $288.58 $269.00 $291.00 $371.49 OPTION TOTAL $2,872.80 $2,999.04 $3,462.96 $3,228.00 $3,492.00 $4,457.88 ..". .................. . .... . .0....0. TAl. WiOPUON ........ ..... ................... .....-................... .. ....' .,..... ............'....,......... ......................... .......................... ............,........... .,Q$<<~t.~~.q~$~q~q~~.~ .$j$.~~.qO$j~~~~j~OO$1~~1Jm e e BIDDER'S LIST SEALED BID #0642 - COUNCIL CHAMBERS FURNITURE B & B OFFICE SUPPLY 3923 GARTH ROAD BAYTOWN, TX 77521 BAYSHORE OFFICE SUPPLY 222 N 16TH STREET LA PORTE, TX 77571 CFC - COMMERCIAL FURNISHINGS CO 4323 RICHMOND AVE HOUSTON, TX 77027 CORPORATE SOURCE, INC. 100 HOGAN STREET, SUITE A HOUSTON, TX 77009 G & P FURNITURE 212 WEST MAIN LA PORTE, TX 77571 MATHERNE'S OFFICE SUPPLY 119 WEST PIERCE BAYTOWN, TX 77520 MOORE OFFICE SUPPLY 1309 W. FAIRMONT PARKWAY LA PORTE, TX 77571 SUNILAND OFFICE FURNITURE 2800 FONDREN HOUSTON, TX 77063 BAYSHORE SUN PUBLISH DATES APRIL 30, 1995 MAY 7, 1995 BT MILLER 501 WEST 38th STREET HOUSTON, TX 77018 BRITCO INC. 8179 ALMEDA HOUSTON, TX 77054 COMMERCIAL FURNITURE SERV 8909 N. LOOP EAST HOUSTON, TX 77029 FINGER OFFICE FURNITURE P.O. BOX 263 HOUSTON, TX 77001 HUGHES OFFICE SUPPLY 321 WEST MAIN LA PORTE, TX 77571 MINKS FURNITURE 130 SOUTH 4TH STREET LA PORTE, TX 77571 OFFICE PAVILION 1980 POST OAK BLVD., SUITE 150 HOUSTON, TX 77056 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 JllbEST FOR CITY COUNCIL AGENDA I~ AGENDA DATE June 12. 1995 REQUESTED BY Jeff Litchfield. Finance Director _ REPORT; _ RESOLUTION; _ ORDINANCE; XX OTHER- In its past cash investing activities, the City of La Porte has conducted transactions with APS Financial Corporation. As part of its internal control program, APS now requires an authorization form be approved by the City Council which specifically states those persons authorized to trade on the City's Account. Attached is an authorization form which specifically states those individuals who are authorized to make investment commitments on behalf of the City of La Porte. They are the Director of Finance, Assistant Director of Finance and Cash Manger. ACTION REQUIRED BY COUNCIL: Authorize persons listed to make investment transactions with APS Financial Corporation on behalf of the City of La Porte FUND N/A ACCT NOM: N/A FUNDS AVAILABLE: N/A APPROVED FOR CITY COUNCIL AGENDA @~T~ ROBERT T HERRERA, CITY MANAGER ltJ ~ 1-q5 DATE . e ASSOCIATION OR OTHER NON-CORPORATE ACCOUNT (AUTHORIZING TRADING IN SECURITIES) Be it resolved that Norman Malone, Mayor, hereby authorizes you to open an account in the name of said organization; and the undersigned represents that no one other than the undersigned has any interest in such account. This authorization shall continue in force until revoked by the undersigned organization by a written notice, addressed to you and delivered to your office at APS Financial Corporation Dated Co - \d-.-C{ 5 Very truly <yours~ ~(/4 Mayor, City of La Porte (Title of Authorized Officer) \2,i ~ l.P.-e-~ I, Suo LOR~5 , being Secretary of the City Council of the City of La Porte hereby certify that according to a meeting duly held the \~ day of ~ ' 1995 at which a quorum was present and voting and hat the same has not been repealed or amended and remains in full force and effect and does not conflict with the City Charter that the person/s stated below are authorized and empowered, for and on behalf of this organization, to establish and maintain one or more accounts with APS Financial Corporation for the purpose of purchasing, investing in, or otherwise acquiring, selling, possessing, transferring, exchanging, pledging, or otherwise disposing of, and generally dealing in and with any and all forms of securities. Name and Title of person/s Authorized to Trade Account: Jeff Litchfield, Director of Finance Cynthia B. Alexander, Assistant Director of Finance Rick Overqaard, Cash Manaqer IN W~E~~.~H~REOF, I have hereunto day of ~ 1995. affixed my hand this ~~ Q~ d,~ GJ~ At , Secretar I