HomeMy WebLinkAbout1995-10-09 Regular Meeting•
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MINUTES OF REGULAR MEETING
LA PORTE CITY COUNCIL
OCTOBER 9, 1995
1. CALL TO ORDER
The meeting was called to order by Mayor Norman L. Malone at 6:00 P.M.
Members of Cif Council Present: Mayor Norman L. Malone, Councilpersons Guy Sutherland,
Mike Cooper, Bob Thrower, Bob McLaughlin, Alton Porter, Jack Maxwell and Jerry Clazke
Members of Council Absent: Councilperson Deotis Gay
Members of Cif Staff and City Employees Present: City Manager Robert T. Herrera, City
Attorney Knox Askins, City Secretazy Sue Lenes, Assistant City Manager John Joerns, Director
of Finance/ACM Jeff Litchfield, Director of Public Works Steve Gillett, Director of Planning
Guy Rankin, Police Chief Bobby Powell, Purchasing Agent Susan Kelley and Drafter Brian
Kubsch
Others Present: Several La Porte citizens
2. INVOCATION BY REV. OLIVER STILLWELL - LA PORTE ASSEMBLY OF GOD
Rev. Stillwell was unable to attend the City Council meeting tonight and Mayor Malone delivered
the invocation.
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING SEPTEMBER 25, 1995
Motion was made bk Councilperson Maxwell to approve the minutes of September 25th as
presented. Second by Councilperson Sutherland. The motion cazried, 8 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell,
Clazke and Mayor Malone
Nays: None
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL
There were no citizens wishing to address Council.
5. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH HORSESHOE CONSTRUCTION
COMPANY, FOR THE REHABILITATION OF SANITARY SEWER LINES, BOTH
IDENTIFIED AND YET TO BE IDENTIFIED; AND INSITUFORM GULF SOUTH INC.,
FOR TRENCHLE5S REPAIR OF YET TO BE DETERMINED LINE SEGMENTS (Ord.
95-2068) -G. Rankin
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Minutes Regular Meeting
La Porte City Council
October 9, 1995, Page 2
Director of Planning Guy Rankin reviewed the summary and recommendation for the request.
Mr. Rankin and City Manager Robert T. Herrera answered questions and reviewed information
with Council.
City Attorney read: ORDINANCE NO. 95-2068 - AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND HORSESHOE
CONSTRUCTION COMPANY, FOR THE REHABILITATION OF SANITARY SEWER
LINES, BOTH IDENTIFIED AND YET TO BE IDENTIFIED; AND TO AUTHORIZE A
CONTRACT BETWEEN THE CITY OF LA PORTE AND INSITUFORM GULF SOUTH,
INC., FOR TRENCHLESS REPAIR OF YET TO BE DETERMINED LINE SEGMENTS;
APPROPRIATING AN AMOUNT NOT. TO EXCEED $300,000.00 TO FUND SAID
CONTRACTS; 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 by Councilperson Clarke to approve Ordinance 95-2068 as read by the Citv
Attorney. Second by Councilperson Thrower. The motion carried, 8 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell,
Clarke and Mayor Malone
Nays: None
6. CONSIDER AN ORDINANCE ESTABLISHING A RENTAL FEE POLICY FOR THE
CITY OF LA PORTE POLICE DEPARTMENT FIRING RANGE (Ord. 95-2069) - R. T.
Herrera
Mayor Malone stated Item 6 will betaken to executive session for discussion.
7. CONSIDER AN ORDINANCE CREATING A MUNICIPAL COURT BUILDING
SECURITY FUND (Ord. 95-2070) - R. T. Herrera
City Manager Robert T. Herrera reviewed with Council the summary and recommendation for
the request for an ordinance to create a municipal court building security fund. Mr. Herrera and
City Attorney Knox Askins answered questions from Council. Councilperson Sutherland
suggested a change to the verbiage in Section 3 of the Ordinance. City Attorney Askins agreed
and will make the appropriate change. Councilperson Porter asked if staff has any idea about
what amount of revenue will be generated from the passage of this ordinance. Mr. Herrera
stated, "We do not know at this time what amount of revenue this may potentially generate based
on past history". Councilperson Porter said he would like to know those figures by the next
meeting. City Attorney Askins said we could do a proforma based on last years figures.
Minutes Regular Meeting
La Porte City Council
October 9, 1995, Page 3
City Attorney read: ORDINANCE NO. 95-2070 - AN ORDINANCE CREATING A
MUNICIPAL COURT BUILDING SECURITY FUND; REQUIRING A DEFENDANT
CONVICTED IN A TRIAL FOR A MISDEMEANOR OFFENSE IN THE MUNICIPAL
COURT OF THE CITY OF LA PORTE TO PAY A THREE DOLLAR ($3.00) SECURITY
FEE AS A COST OF COURT; DIRECTING THE CLERK OF THE MUNICIPAL COURT TO
COLLECT SAID COST AND PAY THEM TO THE DIRECTOR OF FINANCE OR HIS
DESIGNATED REPRESENTATIVES; PROVIDING PARAMETERS UPON WHICH SAID
MUNICIPAL COURT BUILDING SECURITY FUND CAN BE SPENT; PROVIDING FOR
THE ADMINISTRATION OF SAID FUND; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Thrower to approve Ordinance 95-2070 as read by the Citv
Attorney. Second by Councilperson Maxwell. The motion carried, 7 ayes, 0 nays and 1
abstain.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Maxwell, Clarke and
Mayor Malone
Nays: None
Abstain: Councilperson Porter
8. CONSIDER AWARDING BID FOR THE PURCHASE OF PLASTIC GARBAGE BAGS
TO ARROW INDUSTRIES - 5. Gillett
Director of Public Works Steve Gillett reviewed with Council the summary and recommendation
for the request.
Motion was made b~ouncilperson CooQer to award the bid for plastic garbaee bays to Arrow
Industries for a total cost of $78.000.00. Second by Councilperson McLaughlin. The motion
carried, 8 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell,
Clarke and Mayor Malone
Nays: None
9. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera had no administrative reports.
10. COUNCIL ACTION
Councilpersons Sutherland, Cooper, Thrower, Porter, Clarke and Mayor Malone brought items
to Council's attention.
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Minutes Regular Meeting
La Porte City Council
October 9, 1995, Page 4
11. EXECUTIVE SESSION -PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW,
CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE,
(CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL
PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION,
PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELIBERATION
REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
A. SECTION 551.075 - (CONFERENCE)
MEET WITH THE CITY MANAGER TO RECEIVE INFORMATION
REGARDING A RENTAL FEE POLICY FOR POLICE FIRING RANGE
Council retired into executive session at 6:28 P.M. under Section 551.075 - (Conference) to
discuss A) Meet with the City Manager to receive information regarding a rental fee policy for
police firing range. Council returned to the table at 7:23 P.M. with no action taken.
Mayor Malone brought Item 6 back to the table for a vote.
6. CONSIDER AN ORDINANCE ESTABLISHING A RENTAL FEE POLICY FOR THE
CITY OF LA PORTE POLICE DEPARTMENT FIRING RANGE (Ord. 95-2069) - R. T.
Herrera
Motion was made b~Councilaerson Thrower to approve Ordinance 95-2069 as read by Mavor
Malone. Second by Councilperson Porter. The motion carried, 6 ayes, 1 nay and 1 abstain.
Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter, Clarke and Mayor Malone
Nays: Councilperson McLaughlin
Abstain: Councilperson Maxwell
12. ADJOURNMENT
There being no further business to come before Council, the meeting was duly adjourned at 7:25
P.M.
Respectfully sub ed,
Sue Lenes-City Secretary
Passed and Approved this the 23rd
day of October, 1995.
.~~ ~yZ~~~ ~'~-~
Orman L. Malone, Mayor
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R~TEST FOR CITY COUNCIL AGENDA
Agenda Date Requested: October 9. 19~j9',~j5~
Requested By: Guy Rankul.L~tr`' Department: Planning`
Report Resolution X Ordinance
Exhibits: Ordinance Bid Tabulation
Memo from City Engineer Location Map
Bidder's List
SiTMMARY & RECOMMENDATION
Bid Notices were mailed to eleven (11) contractors for the Evaluation and Rehabilitation of Sanitary Sewer using
conventional and trenchless construction techniques; CLP #/95-7105. Seven (7) bids were returned. The proposed
work is to take place in locations shown on the attached map.
The bid document asked for three (3) unit price bids on the following: 1)Conventional construction techniques, i.e.,
remove and replace, or sliplining, of identified line segments in need of repair, 2)Conventional construction
techniques for yet to be identified line segments, and 3)Trenchless construction, i.e., Insituform, for yet to be
identified line segments.
Staff recommends awarding the contract to Horseshoe Construction Company, low bidder meeting specifications,
in the amount of $96,622 for rehabilitation of line segments already identified as being in need of repair, using the
slip line method. Construction of this project should commence by the second week of November. Using the same
unit pricing, staff also recommends awarding the conventional construction of the yet to be identified line segments
to Horseshoe Construction Company.
In addition, staff recommends entering into a contract with Insituform Gulf South, Inc., for unidentified line
segments using trenchless technology for yet to be determined line segments.
The City has budgeted $300,000 with a $50,000 contingency in FY 1995-96 for this rehabilitation.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with Horseshoe Construction
Company in the amount of $96,622, for already identified rehabilitation, and, for an additional amount for repair
of yet to be identified line segments using the same unit costs. Also, authorizing the City Manger to execute a
contract with Insituform Gulf South, Inc., for trenchless repair of yet to be determined line segments. Total
expenditure for FY 1995-96 shall not exceed $300,000.
Availability of Funds:
_ General Fund X Water/Wastewater
_ Capital Improvement _ General Revenue Sharing
Other
Account Number: 018-669-710-100 Funds Available: X Yes No
approved for City Co nu cil Agenda
~ ~ ,
Robert T. Herrera
City Manager
to-to-q5
Date
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ORDINANCE NO. 95- 2068
AN ORDINANCE APPROVING AND AIITHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND HORSESHOE CONSTRIICTION COMPANY, FOR THE
REHABILITATION OF SANITARY SEWER LINES, BOTH IDENTIFIED AND YST TO
BE IDENTIFIED; AND TO AIITHORIZE A CONTRACT BETWEEN THE CITY OF LA
PORTE AND INSITIIFORM GIILF SOIITH, INC., FOR TRENCHLESS REPAIR OF YET
TO BE DETERMINED LINE SEGMENTS; APPROPRIATING AN AMOIINT NOT TO
EBCEED $300,000.00 TO FIIND SAID CONTRACTS; HARING VARIOIIS FINDINGS
AND PROVISIONS RELATING TO THE SIIBJECT; 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. The City Council appropriates the sum not to exceed
$300,000.00 from Water/Wastewater Account No. 018-669-710-100 to
fund said contracts.
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.
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NO. 95- 2068
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 9th day of October, 1995.
CITY OF LA PORTE
By : .~~ i~~ C
No man L. Malon ,
Mayor
ATTEST:
Sue Lenes,
City Secretary
APPR D:
Knox Askins,
City Attorney
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TO: Guy Rankin, Director of Planning
FROM: Fred Thompson, P.E., City Engineer
SUBJECT: Evaluation and Rehabilitation of Sanitary Sewer using Trenchless and
Conventional Construction Techniques
CLP Project #95-7105
It is my recommendation that the annual rehabilitation contract be awarded to;
Horseshoe Construction Company
2318 Center St., Suite 108
Deer Park, Texas 77536
(713) 478-5477
In addition, it is also my recommendation that the City execute a contract for work yet to
be identified that is outside the experience and qualifications of Horseshoe Construction
Company with;
Insituform Gulf South, Inc.
7330 Neuhaus
Houston, Texas 77061
(713) 643-9990
Bids were opened for this project September 14,1995, and Horseshoe Construction was the
low bidder with the following base bid:
Rehabilitation Method 2 $96,622.00
As you are aware, $100,000 was budgeted in FY '95 for already identified rehabilitation
work. Additional funding was approved in the FY '96 Budget (Fund 18).
As you can see, the low bid came in under our estimated cost for already identified
rehabilitation work and we anticipate utilizing the additional funding to e~cpand the scope,
if desired, for yet to be identified work by the end of FY '96. This contract may also be
extended beyond the contract time frame of one year.
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CITY OF LA PORTS _
EVALUATION AND RE C~pINVENTI00NAL CO STRUCTION TECHNIQUES
USING TRENCHLESS ANDLP PROJECT NO. 95-7145
Advertising
The Bayshore Sun & The Houston Chronicle - 8/27/95 & 9/3/95
Faxed Bid Notice to:
Chamber of Commerce
Follis Construction Tri-Tex Company
111 N. Broadway PO Box 2713
La Porte, TX 77571 Baytown, TX 77522
Moore & Moore General Contractors
PO Box 1517
La Porte, TX 77572-1517
FORCE Corporation
PO Box 1079
La. Porte, TX 77572-1079
Furlow Services
PO Box 853
La Porte, TX 77572-0853
Pas-Key Construction Services, Inc.
2129 Preston
Pasadena, TX 77502
RL Utilities
PO Box 1154
La. Porte, TX 77572
Brown & Root
PO Box 3
Houston, TX 77001
Plans and S ecifications Delivered to the Followin Plan Review Rooms:
Dodge Reports Construction Directory Associated General Contractors
3131 Eastside, Suite 300 5711 Hill TX 77036 Ho ~ o~st~ ~~o56te. 100
Houston, TX 77098 Houston,
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Rehabilitation Locations
446 LF Between South 2nd Street and South 1st Street
602 LF Between San Jacinto and Virginia
568 LF Between San Jacinto and Virginia
755 LF Between Virginia and Iowa
240 LF Between Iowa and Kansas
863 LF Between East Main and East "A" Street
120 LF Between East "D" Street and East "E" Street
204 LF Between Nugent and Brownell
243 LF Between North Holmes and North Carroll
4,041 I,F Total
Agenda Date Requested: October 9, 1995
Requested By: Robert T. Herrera Department: Administration
Report Resolution XX Ordinance
Exhibits:
1. Ordinance No. 95-
SUMMARY & RECOMMENDATION
The City has received several inquiries about using the Pistol Range as a training center in the handling of
firearms. These recent requests aze a direct result of a new Texas law which allows the carrying of a concealed
handgun with a proper permit.
The attached ordinance addresses the use of our facility for handgun proficiency examination use, only, and
establishes a 3-hour minimum rental time for this purpose. Staff does not recommend that the pistol range facility
be used for any other purpose than proficiency training. Staff strongly recommends that this facility not be
considered for use in handgun training or safety courses by anyone other than the La Porte Police Department.
The City will only allow the rental of the facility by a "qualified handgun instructor" who receives their training
from the Texas Department of Public Safety and one who can meet or exceed all insurance requirements of the
City.
In the future, this type of training (proficiency exams) may be put on by our Police Force. The City's Police
Department at this time is not interested in offering this service because, they believe there aze existing public
programs and other police programs they wish to pursue which may have a greater impact.
Action Required by Council:
Approve Ordinance No. 95- for handgun proficiency examination use, only, at the Pistol Range.
Availability of Funds:
_ General Fund_ Water/Wastewater
_ Capital Improvement- General Revenue Sharing
Other
Account Number: Funds Available: _ YES _ NO
Auaroved for Citv Council Agenda
Q ~ T~ ~.~ lo•y-~5
Robert T. Herrera Date
City Manager
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ORDINANCE NO. 95-2069
AN ORDINANCE ESTABLISHING A RENTAL FEE POLICY FOR THE CITY OF LA
PORTE POLICE DEPARTMENT FIRING RANGE; CONTAINING A BEVERABILITY
CLAIISE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte, by this
Ordinance, establishes rental fee policy for the City of La Porte
Police Department Firing Range.
The provisions of this Ordinance shall be administered by the
Chief of Police or his designee. The City Council authorizes
rental of the Firing Range facilities to persons certified as
"Qualified Handgun Instructor" by the Texas Department of Public
Safety, under the provisions of Article 4413(29ee) Revised Civil
Statutes, to be used by such Qualified Handgun Instructor for the
purpose of conducting handgun proficiency examinations.
City Council authorizes the rental of the Firing Range
facilities to Qualified Handgun Instructors, when such facilities
are not otherwise being utilized by the City of La Porte or other
law enforcement agencies. Rental fees shall be established by the
Chief of Police with the approval of the City Manager, with a
minimum rental period of three (3) hours.
Qualified Handgun Instructors renting the Firing Range
facilities shall furnish a certificate of public liability
insurance, with the City of La Porte designated as an additional
named insured, in amount and form satisfactory to the City Manager
and the City Attorney.
Section 2. Rental of the City of La Porte Police Department
Firing Range will be subject to reasonable rules and regulations,
which shall be promulgated by the Chief of Police, with the
i
ORDINANCE NO. 95 - 2069
~~
approval of the City Manager and the City Attorney. The City of La
Porte reserves the right to refuse rental of the City of La Porte
Firing Range facilities to any person, when the activities of such
person, or student group, may reasonably be expected to result in
a breach of the peace, or cause a threat to public health or
safety .
Section 3. Each lessee Qualified Handgun Instructor shall
file a liability release with the City of La Porte, in form
satisfactory to the City Attorney. In addition, each Qualified
Handgun Instructor lessee shall likewise obtain a liability release
from each of his or her students, releasing the lessee and the City
of La Porte from any liability arising out of their use of the
Firing Range facilities.
Section 4. If any provision, section, subsection, sentence,
clause, or phrase of this ordinance, or the application of same to
any person or set of circumstances is for any reason held to be
unconstitutional, void or invalid, the validity of the remaining
portions of this ordinance or their application to other persons
or sets of circumstances shall not be affected thereby, it being
the intent of the City Council in adopting this ordinance that no
_ portion hereof or provision or regulation contained herein shall
become inoperative or fail by reason of any unconstitutionality,
voidness or invalidity of any other portion hereof., and all
provisions of this ordinance are declared to be severable for that
•
purpose.
i
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ORDINANCE NO. 95- 2069 PAGE 3
Section 5. 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 6. This ordinance shall be in effect from and after
its passage and approval.
PASSED AND APPROVED, this 9th day of October, 1995.
CIT OF LA PORTE
By : ~ i" a2.t~
N rma L. M 1 e,
Mayor
ATTEST:
Sue Lenes,
City Secretary
AP ~VED:
Knox W. Askins,
City Attorney
• •
! •
ASKINS & ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS TELEPHONE 713 471-1886
JOHN D. ARMSTRONG TELECOPIER 713 471-2047
CHARLES R. HUBER, JR.
BOARD CERTIFIED - CIVIL TRIAL LAW ~,, _,
TEXAS BOARD OF LEGAL SPECIALIZATION
September 18, 1995 `,--~,~--s~:~~
Mr. Robert T. Herrera
City Manager
City of La Porte ~~ ' Q ~~y j
City Hall ~; ~ .~ ;, .
1'/•~~
La Porte, Texas ~ '~'
{/~ i
`M , .
~i
~''~ ~ ~ i
. 5 ~ 1
Dear Bob:
I enclose draft of an ordinance creating a Municipal Court Building
Security Fund for your review and comments. Please give me a call
if you have any questions.
urn very ruly,
Jon D. Armstrong
s'stant City Attorney
Ci of La Porte
JDA:sw
Enclosure
cc: J. B'. Williamson
Municipal Court Judge
City of La Porte
Suf;
~s
~~CG-Se ~luu~ cf.., GL rne4,'t'ws
v f ~a 1 ~c~4S
~~
• •
ORDINANCE NO. 95-2070
AN ORDINANCE CREATING A MIINICIPAL COIIRT BIIILDING SECIIRITY FIIND;
REQIIIRING A DEFENDANT CONVICTED IN A TRIAL FOR A MISDEMEANOR
OFFENSE IN THE MIINICIPAL COIIRT OF THE CITY OF LA PORTE TO PAY A
THREE DOLLAR ($3.00) SECIIRITY FEE AB A COST OF COIIRT; DIRECTING THE
CLERK OF THE MIINICIPAL COIIRT TO COLLECT SAID COST AND PAY THEM TO
THE DIRECTOR OF FINANCE OR HIS DEBIGNATED REPRESENTATIVES;
PROVIDING PARAMETERS IIPON WHICH SAID MIINICIPAL COIIRT BIIILDING
SECIIRITY FIIND CAN BE SPENT; PROVIDING FOR THE ADMINISTRATION OF
SAID FIIND; CONTAINING A SEVERABILITY CLAIISE; 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. As allowed in Article 102.017, Code of Criminal
Procedure of the State of Texas, the City Council of the City of La
Porte hereby creates the Municipal Court Building Security Fund of
the City of La Porte.
Section 2. The City Council of the City of La Porte hereby
requires a Defendant convicted in a trial for a misdemeanor offense
in the Municipal Court of the City of La Porte to pay a Three
Dollar ($3.00) security fee as a cost of court per each such
conviction. "Convicted" means that a sentence is imposed upon the
Defendant by the Municipal Court of the City of La Porte, or
alternatively means that the person receives community supervision
(including deferred adjudication) from the Municipal Court of the
City of La Porte, or alternatively means that the Court defers
final disposition of the person's case.
Section 3. The City Council of the City of La Porte hereby
orders the Clerk of the Municipal Court of the City of La Porte to
collect said Three Dollar ($3.00) security fee per conviction as a
cost of court, as herein provided. The Clerk of the Municipal
Court of the City of La Porte shall pay said cost to the Director
of Finance or his designated representatives. The Director of
Finance or his designated representatives shall deposit said cost
in a fund to be known as the Municipal Court-Building Security Fund.
ORDINANCE NO. 95 -2070 PAGE 2
i •
Section 4. The Municipal Court Building Security Fund may be
used only to finance the following items when used for the purpose
of providing security services for the City of La Porte Municipal
Court:
1. the purchase or repair of x-ray machines and conveying
systems;
2. hand held metal detectors;
3. walk through metal detectors;
4. identification cards and systems;
5. electronic locking and surveillance equipment;
6. bailiffs, police officers, or contract security personnel
during times when they are providing appropriate security
services;
7. signage;
8. confiscated weapon inventory and tracking systems; or
9. locks, chains, or other security hardware.
Section 5. The Municipal Court Building Fund created herein
shall be administrated by or under the direction of the City
Council of the City of La Porte.
Section 6. If any provision, section, subsection, sentence,
clause, or phrase of this ordinance, or the application of same to
any person or set of circumstances is for any reason held to be
unconstitutional, void or invalid, the validity of the remaining
portions of this ordinance or their application to other persons
or sets of circumstances shall not be affected thereby, it being
the intent of the City Council in adopting this ordinance that no
portion hereof or provision or regulation contained herein shall
become inoperative or fail by reason of any unconstitutionality,
voidness or invalidity of any other portion hereof, and all
provisions of this ordinance are declared to be severable for that
purpose.
ORDINANCE NO. 95- ~0 • PAGE 3 _
Section 7. 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 8. This Ordinance shall be effective .from and after
its passage and approval.
PASSED AND APPROVED, this 9th day of October
CITY OF LA PORTE
. 1995.
By : - %,
N rman L. a on
Mayor
ATTEST:
Sue Lenes,
City Secretary
{ _. _.
1 ~
• ~ •
ii
~ City of La Porte Municipal Court
my 913 South 8th Street
P.O. Box 1115
Judge La Porte, Texas 77572-1115
J. B. Williamson
To ". kNulc f~sk• -~s
GJ ~ ~ l ~ ~.....-1 u-' t
INTEROFFICE MEMORANDUM
T0: CITY MANAGER BOB HERRERA
CITY ATTORNEY KNOX ASKINS
FROM: JUDGE J.B. WILLIAMSON ~
DATE: AUGUST 30, 1995
SUBJECT: ORDINANCE FOR NEW SECURITY FUND
(713) 471-4683
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OFFy ~v'y ~ ~ ~~~'S .
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I HAVE ATTACHED INFORMATION REGARDING ANEW $3.00 TAX ON
MUNICIPAL COURT CHARGES TO PROVIDE FOR SECURITY IN THE COURT
COMPLEX. IT IS MY OPINION THAT AN ORDINANCE IS NECESSARY TO
COLLECT THE FEE. I REQUEST THE PASSAGE OF AN ORDINANCE AS SOON AS
POSSIBLE, SO THAT WE CAN BEGIN COLLECTION OF THE TAX TO HELP COVER
THE COST OF NEEDED SECURITY MEASURES IN THE COURT COMPLEX.
JBW/aq
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203, Local Government Code. No expenditures may be made from this fund without prior
approval of the commissioners court.
SECTION 2. Article 102.017, Code of Criminal Procedure, as added by Section 1,
Chapter 818, Acts of the 73rd Legislature, 1993, is amended to read as follows:
Art. 102.017. COURT COSTS; COURTHOUSE SECURITY FUND; I~TICIPAT
C(~i TRT BLnLDING SECL1RiTY FUND. (a) A defendant convicted in a trial for a felony
offense in a district court shall pay a $5 security fee as a cost of court.
(b) A defendant convicted in a trial for a misdemeanor offense in a county court, county
court at law, or a district court shall pay a $3 security fee as a cost of court. The ~overning~~,,-
Qf amunicipality by ordinance may create a municipal court building securitX fund and may
require a defendant convicted in a trial for a misdemeanor offense in a municipal court to av a
$3 security fee as a cost of court.
(c) In this article, a person is considered convicted ~f
(11 a sentence is imposed on the person;
(21 the person receives community supervision. including deferred adjudication;
91
(31 the court defers final disposition of the person's case.
The clerks of the respective courts shall collect the costs and pay them to the county
or municipal treasurer, appropriate or to any other official who dischazges the duties
commonly delegated to the county or municipal treasurer, as appropriate. for deposit in a fund to
be known as the courthouse security fund or a fund to be known as the municipal court building
secure ~ fund. as appropriate. ~ [Tke] fund desi age ted by this subsection may be used only to
finance the following items when used for the purpose of providing security services for
buildings housing a district, [e~] county,.gl municipal court, as appropriate:
(1) the purchase or repair of X-ray machines and conveying systems;
(2) handheld metal detectors;
(3) walkthrough metal detectors;
(4) identification cards and systems;
(5) electronic locking and surveillance equipment;
(6) bailiffs, deputy sheriffs, deputy constables, or contract security personnel
during times when they aze providing appropriate security services;
(7) signage;
(8) confiscated weapon inventory and tracking systems; or
(9) locks, chains, or other security hazdwaze.
~ [{~] The courthouse security fund shall be administered by or under the direction of
the commissioners court. The municipal court building fiend shall be administered }~y or under
the direction of the governing bod of he municipality.
SECTION 3. Section 118.052, Local Government Code, as amended by Chapters 554
and 675, Acts of the 73rd Legislature, 1993, is amended to read as follows:
Sec. 118.052. FEE SCHEDULE. Each clerk of a county court shall collect the following
fees for services rendered to any person: (1) CIVIL COURT ACTIONS
(A) Filing of Original Action (Sec. 118.053):
(i) Garnishment after judgment $15.00
(ii) All others $40.00
(B) Filing of Action Other than Original
Legislative Update '95 Appendix - p. 294
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 9, 1995
Requested By: Steve Gillett ~ Department: Public Works
XXX Report
Resolution
Exhibits: Bid Recap Sealed Bids #0662 - Plastic Garbage Bags
Ordinance
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0662 for plastic garbage bags were opened and read
on October 2, 1995. Bid requests were mailed to nine (9) vendors with
four (4) returning bids and one (1) No Bid.
Low bid meeting specifications was submitted by Arrow Industries at a price
of forty cents ($0.40) per pound. With a purchase of 195,000 pounds for
the January bag handout, the total cost of the contract would be seventy-
eight thousand dollars ($78,000.00). This price represents an increase of
3$ over the last garbage bags bid.
H-GAC has a contract price of $0.439 per pound. The cost of purchasing the
bags through H-GAC, including Administrative Fee of 3~, would be
$86,250.67.
Staff recommends award of the bid for the purchase of plastic garbage bags
to Arrow Industries, low bidder meeting specifications, at a price of $0.40
per pound. Funds for this purchase are budgeted in the Solid Waste
Division FY 95-96 Operating Budget.
Action Required by Council: Award bid for the purchase of plastic garbage
bags to Arrow Industries, low bidder meeting specifications, for total cost
of $78,000.00.
Availability of Funds:
XXX General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: 001-700-702-215 Funds Available: XX YES NO
Approved for City Council Agenda
Robert T. Herrera DATE
City Manager
• ~
BID TABl1LATlON - GARBAGE BAGS
i aRr-tnw i HUCKSTER FOUR SEASON
DESCRIPTION OTY INDUSTRIES ~ DYNA D~K I R C1~IC r~ I
V v1~..V VV~ c~~ ~ ~~ ~oo~ v er;a~r~ a r~ iae~
V. I V, (I\V~.~VVVI V~Y\4.)
i) GARBAGE BAGS (per Ib) I 195000 $0.40 ! 50.46 $0.474
f I 50.5031 NO BID
I
1 TOTAL I $78,000.00 I 589,700.00 ) $92,430.00 $98,085.00 NO BID
BIDDER'S LIST
SEALED BID #0662 - PLASTIC GARBAGE BAGS
ARROW INDUSTRIES
P.O. BOX 810489
DALLAS, TX 75381
BEMIS COMPANY
P.O. BOX 5724
TERRE HAUTE, IN 47808-0905
DYNA PAK CORPORATION
112 HELTON DRIVE
LAWRENCEBURG, TN 38464
JONES PACKAGING, INC.
505 EAST TRAVIS, SUITE 205
MARSHALL, TX 75670
RAMPAK GROUP, INC.
11811 EAST FRWY., SUITE 550
HOUSTON, TX 77029
HUCKSTER PACKAGING & SUPPLY
P.O. BOX 262327
HOUSTON, TX 77207-2327
FOUR SEASONS AGRICULTURAL PROD
R.R. 15 BOX 344
BRAZIL, IN 47834
M.A.N.S. DISTRIBUTORS
6801 CRESTLAND AVE.
DALLAS, TX 75252
SUNBELT PLASTICS
P.O. BOX 7400
MONROE, LA 71211
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
SEPTEMBER 17, 1995
SEPTEMBER 24, 1995