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HomeMy WebLinkAbout1995-08-28 Regular Meeting• • • MINUTES OF THE REGULAR MEETING OF LA FORTE CITY COUNCIL AUGUST 28, 1995 1. CALL TO ORDER The meeting was called to order by Mayor Norman L. Malone at 6:00 P.M. Members of City Council Present: Mayor Norman L. Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob McLaughlin, Alton Porter, Deotis Gay, and Jerry Clarke Members of Council Absent: Councilperson Jack Maxwell Members of City Staff Present: City Manager Robert T. Herrera, City Attorney Knox Askins, City Secretary Sue Lenes, Assistant City Manager John Joerns, Finance Director/Assistant City Manager Jeff Litchfield, Director of Administrative Services Louis Rigby, Director of Planning Guy Rankin, Director of Parks and Recreation Stephen Barr, Police Chief Bobby Powell, Fire Chief Joe Sease, Assistant Fire Chief Champ Dunham Others Present: Several La Porte citizens 2. INVOCATION BY REV. MARLIN FENN - 1st UNITED METHODIST CHURCH LA FORTE The invocation was given by Rev. Marlin Fenn, pastor of the 1st United Methodist Church, La Porte, Texas. 3. CONSIDER APPROVING MINUTES OF PUBLIC HEARING AND REGULAR MEETING AUGUST 14, 1995 Motion was made by Councilperson Cooper to anurove the minutes of August 14th as presented. Second by Councilperson Thrower. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: None 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TA8 PAYERS WISHING TO ADDRESS COUNCIL There were no citizens wishing to address the Council. 5. CONSIDER ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH HARRIS COUNTY FOR FIRE PROTECTION OF ZONES 33 AND 34 (Ord. 95-2042) - J. Sease (Tabled 6-12-95) ~ ~ Minutes Regular Meeting La Porte City Council August 28, 1995, Page 2 Mayor Malone announced Item 5 will be taken to executive session for discussion. 6. CONSIDER AWARDING A BID FOR LIQUID BLEACH TO MID-CO CHEMICAL COMPANY FOR ORGANIC CONTROL IN THE CITY OF LA FORTE SWIMMING POOLS - S . BELrr Director of Parks and Recreation, Stephen Barr, reviewed the summary and recommendation for the request. After Council discussion, Mayor Malone called for a vote. Motion was made by Councilperson McLauahlin to award the bid for liquid bleach to Mid-Co Chemical Company. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: None 7. ADMINISTRATIVE REPORTS There were no administrative reports to be given. 8. COUNCIL ACTION Councilpersons McLaughlin, Gay and Clarke brought items to Council's attention. 9. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, GOVT. CODE, VERNON'S TEXAS CODES ANNOTATED, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELIBERATION REGARDING 8ECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. SECTION 551.075 - (CONFERENCE) MEET WITH CITY MANAGER TO RECEIVE INFORMATION REGARDING ANNUAL REVIEW OF CITY MANAGER B. SECTION 551.072 - (REAL PROPERTY) MEET WITH CITY MANAGER AND CITY ATTORNEY TO DISCUSS LAND SALE IN SHADY RIVER Council retired into executive session at 6:08 P.M. under Open Meetings Law, Chapter 551.071 through 551.076, and 551.084, • • Minutes Regular Meeting La Porte City Council August 28, 1995, Page 3 Govt. Code, A) Section 551.075 (Conference), meet with City Manager to receive information regarding annual review of City Manager; B) Section 551.072 (Real Property), meet with the City Manager and City Attorney to discuss land sale in Shady River; Agenda Item 5.) Consider ordinance approving and authorizing the Mayor to enter into a contract with Harris County for fire protection of Zones 33 and 34 (Ord. 95-2042) - J. Sease (Tabled 6-12-95). Council returned to the table at 7:08 P.M. to vote on Item 5. Motion was made by Councilperson Thrower to approve Ordinance a~_~nd~ a.,,,,-~~;rn anr~ authnri ~inc~ the Mavor to enter into a and 34. Second by Councilperson Clarke. The motion carried, 7 ayes and 1 nay. Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Clarke and Mayor Malone Nays: Councilperson McLaughlin Council retired again into executive session at 7:14 P.M. to discuss A) Section 551.075 (Conference), meet with City Manager to receive information regarding annual review of City Manager; B) Section 551.072 (Real Property), meet with the City Manager and City Attorney to discuss land sale in Shady River. Council returned to the table at 8:18 P.M. with no further action taken. 10. ADJOIIRNMENT There being no further business to come before Council, the meeting was duly adjourned at 8:19 P.M. Respectfully submitted, Sue Lenes, City Secretary Passed and Approved this the 11th day of September, 1995 man L. Malone, Mayor ~ ~ • REOIIEST FOR CITY COIINCIL AGENDA ITEM Agenda Date Requested: MAY 12. 1995 Requested By: J.L. SEASE 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 SIIMMARY & 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 with 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 Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: Yes No Approved for City Council Agenda Robert T. Herrera Date City Manager ORDINANCE NO. 95- 2042 p,N ORDINANCE APPROVING AND AII't+HORIZING AN AGREEMEN'T' BETWEEN THE CITY OF LA PORTS AND HARRIS COUNTY, FOR THE CITY OF LA PORTS TO PROVIDE FIRE PROTECTION IN IININCORPORATED AREAS OF HARRIS COIINTY; HARING VARIOIIS F C~IWITH THE ROPgrJIOMEETINGB I LAW; O PR oID~~C FINDING COMPLIAN 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. 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 f finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PAGE 2 ORDINANCE NO. 95- 2042 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. as q~~ PASSED AND APPROVED, this 1t'S.th day ofd 1995. CITY OF LA PORTE By: N rman L. Malo , Mayor ATTEST: Sue Lenes, City Secretary . City Attorney • • A G R E E M E N 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. W I T N E S S E 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 THESE PRESENTS: That in consideration of the mutual covenants, agreements, and benefits to both parties, it is AGREED as follows: 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/100 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. • • 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/100 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/100 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- • • VIII. The City agrees to deliver to the Fire Marshal of Harris County a certified copy of the Ordinance authorizing the City to enter this Agreement within five (5) days after the execution of this agreement. 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 number 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 any one person and not less than Three Hundred Thousand and No/100 Dollars ($300,000.00) for injuries to more than one person in any one 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- • Harris County Fire Marshal 480 N. Sam Houston Parkway Houston, Texas 77060 Attention: Leslie Deen CJ Fire Department'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- 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 ~5~ day of /" /~(J.~ 19 ~~' APPROVED AS TO FORM: MIKE DRISCOLL County Attorney L~~',~ B - ~- ~~ / / /l' Y / ~ . ~ -~ MAR LYN -$ Assista~t ES County Attorney HARRIS COUNTY By ROB RT ECKELS, County Judge ATTEST: Secretary CITY OF LAPORTE BY %~~ ~ r Marro CERTIFICATION OF FUNDS I hereby certify that funds are available in the amount of Three Thousand Three Hundred Thirty-Five and No/100 Dollars ($3,335.00) to pay the obligation of Harris County under and within the foregoing contract. ~y ~ ~ ~~~ Tom' MY J~TOMPKINS County Auditor Harris County, Texas -5- • • 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 ~ ° ~-`~'E ~~ 19 ~ , the Commissioners Court of Harris County, Texas, -being duly convened at a regular meeting of the Court, upon motion of Commissioner ~~~'^~ y seconded by Commissioner ~U ~S~ f~ 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. i;ommission~rs Court Date LIAR 2 $ Recorded Vel. °a'-'e. __..~., ~ ,~~ ~~' a/i 7/4 • • OFFICE OF THE FIRE CHIEF CITY of LA FORTE INTER-OFFICE MEMORANDUM TO: John Joerns, Assistant City Manager DATE: 5-16-95 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. 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. • J.J. PRUITT Z ~ ~ FIRE MARSHAL ~r 713-931-1085 FAX 713-931-5874 ~l~~' MAAS~~v April 24, 1995 LaPorte Volunteer Fire Department Joe Sease, Fire Chief P. O. Box 1115 LaPorte, Texas 77572-1115 Dear Fire Chief: 480 N. SAM HOUSTON PARKWAY E. SUITE 105 HOUSTON, TEXAS 77060-3521 Fire Departments throughout the county continue to do an excellent job serving the citizens in our various communities. 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 convenience 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) $50-150 Mutual Aid (per run) $ 50 Non-Structural Fire (per run) $ 25 Large Non-Structural Fire (per run) $ 50 Emergency Response (per run) $ 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, J. J. Pruitt Fire Marshal JJP : and (pro/con-form) J.J. PRUITT FIRE MARSHAL 713-931-1085 FAX 713-931-5874 • 4~~S X00 ~~' y~ ~~~~' MARS~~v April 6, 1995 City of LaPorte Attention: City Secretary 604 W. Fairmont Pkwy LaPorte, Texas 77572 Dear City Secretary: 480 N. SAM HOUSTON PARKWAY E. SUITE 105 HOUSTON, TEXAS 77060-3521 ~~; !"`~; ~~^~ ~~~. ` ,, .,~;w _ •~.W~ , 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, T ~~ J. J. Pruitt Harris County Fire Marshal JJP :and (pro/contra4> cc: Fire Chief • • • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Aucaust 28; 195 r Requested By: S e hen L. Barr .~ Department: Parks & Recreation XXX Report Resolution Ordinance Exhibits: 1. Bid Recap -Sealed Bid #0648 -Liquid Bleach SUMMARY & RECOMMENDATION The City of La Porte has requested formal bids for liquid bleach to be used for organic control in the City of La Porte swimming pools. Bid requests were mailed to five vendors, three l31 of which returned bids. Bids were opened on August 7, 1995 with low bid submitted by Mid-Co Chemical Company. Specifications call for a concentration of ten percent sodium hypochlorite which is the chlorine carrier in the product being purchased. Specifications call for bulk delivery of up to 500 gallons, upon demand, at each of the City of La Porte swimming pools. The low bid meeting specifications for estimated quantities was Five Thousand Seven Hundred Ninety Nine Dollars (55,799.001, at (50.87 per gallon) submitted by Mid-Co Chemical Company. Staff recommends the award of the liquid bleach bid to Mid-Co Chemical Company, as low bidder meeting specifications and within budgeted funds for the purchase. Action Required by Council: Award Liquid Bleach term contract, subject to the specified conditions, to Mid-Co Chemical Company for organic control in the City of La Porte swimming pools. XX General Fund Capital Improvement Other Account Number: Availability of Funds: _ Water/Wastewater _ General Revenue Sharing 001-800-800-207 Funds Available: X YES NO Approved for Citv Council Agenda Robert T. Herrera, Date City Manager • • CITY OF LA PORTS INTER-OFFICE MEMORANDUM AUGUST 7, 1995 TO: STEPHEN BARR, DIRECTOR OF PARKS AND RECREATION FROM: SUSAN KELLEY,~URCHASING AGENT SUBJ: SEALED BID #0648 - LIQUID BLEACH Advertised, sealed bids #0648 - liquid bleach were opened and read on August 7, 1995. Bid requests were mailed to five (5) vendors with three (3) returning bids. Low bid was submitted by Mid-Co Chemical Co., Inc. Using estimated annual quantities, the total cost would be $5,799.64. This is a 13~ increase over the last bid. 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 AUGnnr~,, • BiD TABULATION -LIQUID BLEACH • ~ DES~A~'~ON . f?TY I~IiD-CO 'GHEMIGAL =- CLEAFIiWATER CMEIfA~AL PRGX'REB GME~VIICAL 1. LIQUID BLEACH 7500 $0.87 $0.90 $0.95 TOTAL $6,525.00 $6,750.00 $7,125.00 • BIDDER'S LIST SEALDSD BID #0648 - LIQUID BLEACH CLEARWATER CHEMICALS P. 0. BOX 691849 HOUSTON, TX 77269-1849 KEY TECHNOLOGY 19407 PARK ROW, SUITE 170 HOUSTON, TX 77084-4878 LABBCO, INC. 2921 CORDER STREET HOUSTON, TX 77054 PROGRESSIVE CHEMICALS 2510 FARRELL RD. HOUSTON, TX 77073 MID-CO CHEMICAL P.O. BOX 303 BAY CITY, TX 77404-0303 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 BAYSHORE SUN PUBLISH DATES: JULY 16, 1995 JULY 23, 1995 • • V) August 18, 1995 To: Members of City Council From: Mayor Norman Malone Subject: Reminder of Evaluation • Please be reminded that our City Manager, Mr. Herrera is due for his Annual Review. An executive session will be scheduled for the August 28 council meeting for the purpose of receiving your input. Please be ready to offer your comments or recommendations. If you have any comments or suggestions you would rather I present for you, please forward them to me as soon as possible.