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Home My WebLink About1995-10-23 Regular Meeting . e MINUTES OF REGULAR MEETING LA PORTE CITY COUNCIL OCTOBER 23,1995 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 McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell and Jerry Clarke Members of Council Absent: Councilperson Bob Thrower Members of City Staff and City Employees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, City Secretary Sue Lenes, Assistant City Manager John Joerns, Director of Finance/ACM Jeff Litchfield, Director of Administrative Services Louis Rigby, Director of Public Works Steve Gillett, Director of Planning Guy Rankin, Director of Parks and Recreation Stephen Barr, Assistant Finance Director Cynthia Alexander, Accounting Supervisor Kathy Hutton, Cash Manager Rick Overgaard, Purchasing Agent Susan Kelley, City Engineer Fred Thompson Others Present: Hugh L. Landrum and Hugh L. Landrum, Jr., Representing Hugh L. Landrum & Associates, Inc., Patty Welborn and Tom Odson representing Browning-Ferris, Inc., and several La Porte citizens. 2. INVOCATION BY REV. JIM MANN - CHRIST REDEEMER LUTHERAN CHURCH Mayor Norman L. Malone delivered the invocation in the absence of Rev. Jim Mann, Christ Redeemer Lutheran Church. (Rev. Mann entered the Council meeting at 6:07 P.M. Rev. Mann stated he teaches a church class on Monday evenings and was sorry he was late. Rev. Mann brought several of his students to observe the City Council meeting. Mayor Malone thanked Rev. Mann for coming to the Council meeting and for bringing his students to observe the City Council in action.) 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING OCTOBER 9, 1995 Motion was made by Council person Cooper to approve the minutes of October 9 as presented. Second by Councilperson Sutherland. The motion carried, 7 ayes, 0 nays and 1 abstain. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Maxwell, Clarke and Mayor Malone None Council person Gay Nays: Abstain: 4. PROCLAMATIONS: A. RED RIBBON WEEK - Joyce Sease Mayor Malone proclaimed October 22-28, 1995, as Red Ribbon Week. Substance Abuse Counselors from LPISD, Joyce Sease and Susan Wolff, received the proclamation and thanked Council for their participation in the campaign. Mayor Malone thanked both ladies for their efforts in the fight against substance abuse. . e Minutes Regular Meeting La Porte City Council October 23, 1995, Page 2 5. PRESENTATIONS: A. GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD - Mayor N. L. Malone Mayor Malone asked Director of Finance/ACM Jeff Litchfield to come fOlWard and present his staff. Mayor Malone asked City Manager Robert T. Herrera to present the Government Finance Officers Association Award. Mr. Herrera stated, "It is indeed a pleasure to be standing here tonight with Mr. Litchfield and his staff to present them with their fifth award in recognition of a most outstanding and distinguished budgeV Mr. Litchfield introduced Assistant Finance Director Cynthia Alexander, Accounting Supervisor Kathy Hutton, and Cash Manager Rick Overgaard. Mr. Litchfield stated, "This award goes beyond the Finance Department. It would not be possible without all the help of the other departments and divisions within the City and the City Council. We are very pleased to accept this award." Mayor Malone thanked Mr. Litchfield and his staff for a job well done. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL There were no citizens wishing to address Council. 7. CONSIDER AN ORDINANCE AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH HUGH L. LANDRUM & ASSOCIATES, INC. FOR THE APPRAISAL AND OTHER SERVICES FOR PROPERTIES LOCATED IN THE CITY'S INDUSTRIAL DISTRICT Ord. 95-2071) - J. Litchfield Finance Director/ACM Jeff Litchfield presented the summary and recommendations for request. Mr. Litchfield introduced both Hugh L. Landrum Sr. and Hugh Landrum Jr. Mayor Malone thanked both gentlemen for attending the meeting tonight. City Attorney read: ORDINANCE 95-2071 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND HUGH L. LANDRUM & ASSOCIATES, INC., FOR APPRAISAL AND OTHER SERVICES FOR PROPERTIES LOCATED IN THE CITY'S INDUSTRIAL DISTRICTS; APPROPRIATING $36,750 ANNUALLY TO FUND SAID CONTRACT FOR CALENDAR YEARS 1996, 1997 AND 1998; 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 Council person Clarke to approve Ordinance 95-2071 as read by the City Attorney. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 8. CONSIDER AN ORDINANCE ALLOWING THE CITY TO PROHIBIT ANY PERSON OR EMPLOYEE FROM CARRYING A CONCEALED WEAPON ON THE PREMISES OF THE CITY (Ord. 95-2072) - L. Rigby e e Minutes Regular Meeting La Porte City Council October 23, 1995, Page 3 Director of Administrative Services Louis Rigby reviewed the summary and recommendation for the request. Mr. Rigby brought Council's attention to the revised Ordinance 95-2072 which has been placed before them for consideration. Mr. Rigby reviewed those changes with Council. During discussion Mayor Malone, Councilpersons Maxwell, Cooper, Porter, Clarke, Gay, Sutherland, and City Attorney Knox Askins brought items to Council's attention. City Attorney read: ORDINANCE 95-2072 - AN ORDINANCE ADOPTING THE PROVISIONS OF SECTION 30.05, TEXAS PENAL CODE, AND PROHIBmNG ANY PERSON FROM CARRYING A FIREARM ON ANY PROPERTY OR IN ANY BUILDING OF THE CITY OF LA PORTE; PROHffiITING ANY PERSON WHO IS LICENSED UNDER ARTICLE 4413 (29ee), V. T.C.S., FROM CARRYING A CONCEALED HANDGUN ON ANY PROPERTY, BUILDING, OR PREMISES OF THE CITY OF LA PORTE; CONTAINING DEFINITIONS; PROVIDING FOR SIGNS; PROVIDING EXEMPTIONS; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council person McLaul!hlin to approve Ordinance 95-2072 as read by the City Attorney. Second by Councilperson Porter. The motion carried, 6 ayes and 2 nays. Ayes: Councilpersons Sutherland, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: Councilpersons Cooper and Maxwell 9. CONSIDER AN ORDINANCE AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BROWNING-FERRIS, INC. FOR THE COLLECTION AND DISPOSAL OF COMMERCIAL SOLID WASTE (Ord. 95-2073) - S. Gillett Director of Public Works Steve Gillett and City Manager Robert T. Herrera reviewed the summary and recommendation for the request and answered questions from Council. City Attorney read: ORDINANCE 95-2073 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BROWNING-FERRIS, INC., FOR COLLECTION AND DISPOSAL OF COMMERCIAL SOLID WASTE; 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 Gay to approve Ordinance 95-2073 authorizinl! a contract between City of La Porte and Browninl!-Ferris. Inc. Second by Councilperson Sutherland. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None Councilperson Deotis Gay suggested the representatives from Browning-Ferris should stand and introduce themselves. Ms. Patty Welborn, commercial account representative, and Tom Odson, who handles day to day operations in commercial accounts, introduced themselves to Council. e e Minutes Regular Meeting La Porte City Council October 23, 1995, Page 4 10. CONSIDER AN ORDINANCE ADOPTING MINIMUM REQUIREMENTS FOR AERONAUTICAL SERVICES AT THE LA PORTE MUNICIPAL AIRPORT (Ord. 95-2074) - S. Gillett Director of Public Works Steve Gillett reviewed the summary and recommendation for the request. City Attorney read: ORDINANCE 95-2074 - AN ORDINANCE ADOPTING STANDARD MINIMUM REQUIREMENTS FOR AIRPORT AERONAUTICAL SERVICES AT THE LA PORTE MUNICIPAL AIRPORT, DATED OCTOBER 23, 1995; PROVIDING A SEVERABILITY CLAUSE, CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council person Clarke to approve Ordinance 95-2074 as read by the City Attorney. Second by Councilperson Porter. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None Mr. Gillett introduced Mr. Cliff Hyde, board member on the La Porte Airport Advisory Board. Mayor Malone advised Council that Item 12 should be reviewed next to consider an ordinance approving and authorizing a utility extension agreement between the City of La Porte and David Angel. 12. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING A UTILITY EXTENSION AGREEMENT BETWEEN THE CITY OF LA PORTE AND DAVID ANGEL, FOR PARTICIPATION IN CONSTRUCTION OF A 12" WATER LINE EXTENSION (Ord. 95-2076) - G. Rankin Director of Planning Guy Rankin reviewed the summary and recommendation for the request. City Attorney read: ORDINANCE 95-2076 - AN ORDINANCE APPROVING AND AUTHORIZING A UTILITY EXTENSION AGREEMENT BETWEEN THE CITY OF LA PORTE AND DAVID ANGEL, FOR PARTICIPATION IN CONSTRUCTION OF A 12" WATER LINE EXTENSION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FIND COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council person Clarke to approve Ordinance 95-2076 as read by the City Attorney. Second by Councilperson Maxwell. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 11. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND VICON SERVICES, INC., FOR CONSTRUCTION OF A 12" DIAMETER WATER LINE EXTENSION ALONG FAIRMONT PARKWAY (Ord. 95-2075) - G. Rankin e e Minutes Regular Meeting La Porte City Council October 23, 1995, Page 5 Director of Planning Guy Rankin reviewed the summary and recommendation for the request. City Attorney read: ORDINANCE 95-2075 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND VICON SERVICES, INC., FOR CONSTRUCTION OF A 12- DIAMETER WATER LINE EXTENSION ALONG FAIRMONT PARKWAY; APPROPRIATING THE AMOUNT OF $50,245.20 TO FUND SAID CONTRACT, WHICH INCLUDES $16,116.60 FOR OVERSIZING, CONTINGENT UPON DAVID ANGEL DEPOSITING WITH THE CITY OF LA PORTE, IN ESCROW, THE SUM OF $34,128.60; 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 Council person Porter to approve Ordinance 95-2075 as read by the City Attorney. Second by Councilperson Sutherland. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 13. CONSIDER ADOPTING A RESOLUTION SUPPORTING A REVISION TO THE TEXAS UNEMPLOYMENT COMPENSATION ACT (Res. 95-10) - L. Rigby Director of Administrative Services Louis Rigby reviewed the summary and recommendation for the request. City Attorney read: RESOLUTION 95-10 - A RESOLUTION OF THE CITY OF LA PORTE SUPPORTING A REVISION TO THE TEXAS UNEMPLOYMENT COMPENSATION ACT. Motion was made by Councilperson Clarke to approve Resolution 95-10 as read by the Citv Attorney. Second by Councilperson Porter. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 14. CONSIDER AWARDING FENCING CONTRACT TO ASTRO FENCE COMPANY FOR FENCING AT BAY FOREST GOLF COURSE AND NORmSIDE PARK - S. BARR Director of Parks and Recreation Stephen Barr reviewed the summary and recommendation for the request. Motion was made by Councilperson Maxwell to award fencin2 contract to Astra Fence Companv for fencin2 at Bay Forest Golf Course and Northside Park. Second by Councilperson Porter. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None e . Minutes Regular Meeting La Porte City Council October 23, 1995, Page 6 15. ADMINISTRATIVE REPORTS 1.) City Manager Robert T. Herrera referred to a "draft" document placed before Council for their review. Mr. Herrera asked for Council's comments by November 1st regarding changes and corrections. This document titled "La Porte Texas Ready For Business" will be used in the future when trying to promote the City of La Porte to outside interests. Mr. Herrera stated he feels this will be very beneficial to the City of La Porte. 2.) Mr. Herrera reported the General Manager for Prime Cable, Robert Bums, had called stating Prime Cable has sold its interests to Telecommunication, Inc. Prime assured Mr. Herrera this transaction will not have any impact on the current rates that are paid by La Porte citizens. Mr. Herrera was told that TCl is the largest cable owned franchise in the United States. CounciIperson Sutherland asked if we will renegotiate our cable franchise contract with TCl. Finance Director Jeff Litchfield stated that a new contract will be negotiated with TCl. 16. COUNCIL ACTION Councilpersons Sutherland, McLaughlin, Porter, Gay, Clarke and Mayor Malone brought items to Council's attention. 17. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPfER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELmERATION REGARDING REAL PROPERTY, DELmERATIONREGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELmERATIONREGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. SECTION 551.072 - (REAL PROPERTY) MEET WITH CITY MANAGER AND CITY ATTORNEY TO DISCUSS STREET RIGHT- OF-WAY CLOSING B. SECTION 551.072 - (REAL PROPERTY) MEET WITH CITY MANAGER AND CITY ATTORNEY TO DISCUSS GLEN MEADOWS SUBDIVISION PROPERTY EXCHANGE FOR PARK PURPOSES Council retired into executive session at 7:32 P.M. under Section 551.072 - (Real Property) to discuss A) Meet with City Manager and City Attorney to Discuss Street Right-Of-Way Closing; B) Meet with City Manager and City Attorney to discuss Glen Meadows subdivision property exchange for park purposes. Council returned to the table at 8:15 P.M. with no action taken. 18. ADJOURNMENT There being no further business to come before Council, the meeting was duly adjourned at 8:16 P.M. e Minutes Regular Meeting La Porte City Council October 23, 1995, Page 7 Passed and Approved this the 13th day of November, 1995. &:z.~~ e Respectfully submitted, ~~ Sue Lenes, City Secretary e . e e Offtce of the l\Iayor r ion llDl1rrrun: Tobacco, alcohol, and other drug abuse in this nation has reached epidemic stages, and the 15-24 year old age group is dying at a faster rate than any other age group,' and WHEREAS, it is imperative that visible, unified prevention education efforts by community members be launched to reduce the demand for drugs; and WHEREAS, the La Porte Independent School District Drug-Free Schools and Communities are sponsoring the National Red Ribbon Campaign offering citizens the opportunity to demonstrate their commitment to drug free lifestyles,' and WHEREAS, the National Red Ribbon Campaign will be celebrated in every community in America during .Red Ribbon Week., October 22-28, 1995; and WHEREAS, commitment to drug-jree healthy lifestyles will be demonstrated by wearing and displaying red ribbons during this week-long campaign. NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City of La Porte, do hereby proclaim the week of October 22-28, 1995, as RED RIBBON WEEK in the City of La Porte, and encourage all citizens to support the Red Ribbon Campaign in an effort to enhance the quality of life in a drug-free La Porte, Texas. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed hereto, this the 23rd day of October, 1995. CITY OF LA PORTE -~~~""~" _:.".~ ~ : '\ " "T~Tt'f.'fJtt~ _ , ,," t'ef""..?"-:- .,<:. f. i ~ \A *==;i '1- k '-~ ~<" f =..'!' ) / f , ~~ 1 ,(:~ llt((t ~rJ ( , :~~~"\"~''''~''''''''-'~~ ,. e e GOVERNMENT FINANCE OFFICERS ASSOCIATION 7~ 9 --1 S [)~Ig. ~ckf-\ e C!..: SU~t--~ czf Lu ; d~ e Ii --- --- --- --- --- --- --- 180 North Michigan Avenue. Suite 800. Chicago. Illinois 60601 312/977-9700 . Fax: 312/977-4806 July 31, 1995 NIT. Robert T.Herrern City Manager City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Dear NIT. Herrera: I am pleased to notify you that the City of La Porte has received the Gi~iBguisb.ed- Budget-Rresentation-Award4llfroIJPothe...Government-Finanee-@ffi.~ssooiatiolil. (GFOA);- This award is the highest form of recognition in governmental budgeting and represents a significant achievement by your organization. Your Government's plaque will be shipped,..under-separate",covef.'<tot<,Mr'l:,Jeff,Litchfield, who originally submitted the budget for consideration. We hope you will aH.ange-for",ao> fomlal...plWJiG...presentation of the award, and that appropriate publicity will be given to this notable achievement. A press-release is eael0Sed. for your use. We appreciate your participation in GFOA's budget awards program. Through your example, we hope that other governments will be encouraged to achieve excellence in budgeting. Sincerely, /Pr/~ Jeffrey L. Esser Executive Director JLE/af Enclosure WASHINGTON OFFICE 1750 K Street. NW.. Suite 650. Washington. DC 20006 202/429-2750 . Fax: 202/429-2755 . -- e . REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE October 23.1995 REQUESTED BY Jeff Litchfield. Finance _ REPORT; _ RESOLUTION; .x.. ORDINANCE; EXHIBITS: SUMMARY AND RECOMMENDATION The Harris County Appraisal District has the responsibility of appraising all taxable property within the City of La Porte and provides the values for the annexed and taxable portion of each industry. The unannexed portion of these industries are subject to win-lieu of Taxesw payments. The firm of Hugh L. Landrum & Associates, Inc. has appraised the Industrial District properties for the City of La Porte since 1968 and has provided these and other professional services in a completely satisfactory manner. The City entered into contract with Hugh Landrum & Associates in 1992 for a three year term in the amount of $35,000 annually. The proposed contract covers a three year period at $36,750 per year; which represents a five percent (5%) increase over the 1992 contract. Because Hugh L. Landrum & Associates, Inc. are skilled in such matters and have the scientific and technical knowledge in respect to appraisals and valuations of industrial properties we would like to continue our relationship with them. ACTION REQUIRED BY COUNCIL: Approve ordinance authorizing the City to enter into contract with Hugh L. Landrum & Associates, Inc. for the appraisal and other services for properties located in the City's Industrial District. FUND 001 ACCT NUM: 601-615-507 FUNDS AVAILABLE: ~ APPROVED FOR CITY COUNCIL AGENDA G<~ \. ~ ROBERT T HERRERA CITY MANAGER \ o. n...-'\S DATE e e ORDINANCE NO. 95 - 2 0 7l AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND HUGH L. LANDRUM & ASSOCIATES, INC., FOR APPRAISAL AND OTHER SERVICES FOR PROPERTIES LOCATED IN THE CITY'S INDUSTRIAL DISTRICTS; APPROPRIATING $36,750 ANNUALLY TO FUND SAID CONTRACT FOR CALENDAR YEARS 1996, 1997, AND 1998; 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. City Council appropriates the sum of $36,750, on an annual basis, for calendar years 1996, 1997, and 1998, from the General Fund #001 to fund said contract for as long as contract shall be in existence. 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 in effect from and after its passage and approval. ORDINANCE NO: 95-2~1 e PASSED and APPROVED this the 23rd day of October, 1995. ATTEST: . J ) ~J(~. City Secretary d, ~ED: (~d) ~~. City Attorney Page 2. City of La po~ __ ~ By J ~~,~ ??;/!-f. - rman Malone. M~ e e STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS WHEREAS. the Mayor and City Council of the City of La Porte. Texas, are concerned that properties within the Industrial District of the City and having Industrial District Contracts, continue to be taxed and to make "in-lieu of taxes" payments in accordance with their effective contracts; and WHEREAS. the Harris County Appraisal District has assumed responsibility for appraising all taxable property within these Industrial Districts, but is responsible to provide the City of La Porte only the values for the annexed and taxable portion of each industry, the unannexed portion being subject to "in-lieu of taxes" payments under c~mtract and outside the jurisdiction of the Harris County Appraisal District where the City of La Porte is concerned, and WHEREAS, the firm of Hugh L. Landrum & Associates, Inc. has appraised the Industrial District properties for the City of La Porte under .Contract from 1968 and is currently under contract to provide other professional services relating to said properties, and WHEREAS. Hugh L. Landrum, President of the firm of Hugh L. Landrum & Associates, Inc. has proposed to the City of La Porte that another Contract be entered into between his firm and City of La Porte, and WHEREAS. the Mayor and City Council find, adjudicate and determine that the firm of Hugh L. Landrum & Associates, Inc., of Houston, Texas, is skilled in such matters and has scientific and technical knowledge in respect to appraisals and valuation of such properties and has performed the services called for in prior Contracts in a completely satisfactory manner, and have adequately demonstrated their skills and expertise in the matter of making appraisals and handling Industrial District Contracts, and the firm's President, Hugh L. Landrum is completely familiar with the taxable property in the City of La Porte and the Industrial District Contracts, and is certified by the State of Texas both as a Registered Professional Engineer and a Registered Professional Appraiser; now e e IT IS THEREFORE AGREED by and between the City of La Porte, Texas acting herein by its duly authorized Mayor and City Council, FIRST PARTY, and Hugh L. Landrum & Associates, Inc. of Houston, Harris County, Texas, SECOND PARTY, as follows: I. SECOND PARTY agrees to compile a complete list of appraised values for all properties covered by Industrial District Agreements and subject to Industrial District payments to the City of La Porte, Texas, said appraised values to be as of January 1, 1996, January 1, 1997, and January 1, 1998, and it is hereby understood by both parties that the appraisals will be available by July 31 , for each of the years covered by the contract. II. SECOND PARTY further agrees to work with the Harris County Appraisal District to apprise them of the area of each industrial plant that has been annexed by the City of La Porte and, therefore, subject to their assessment and a City ad valorem tax. This will apply to newly annexed areas of the City as well. III. SECOND PARTY also agrees to prepare a summary report for the City Tax Assessor-Collector each year: said report to show each industry's final total value for land, improvements, and personal property, the amount subject to ad valorem tax and the amount of the taxes and the value subject to "in-lieu of taxes" payment and the amount of the "in-lieu of taxes" payment. IV. - SECOND PARTY will maintain a complete set of files at his work site which will contain for each property under contract, at a minimum, a copy of the executed contract, copy of metes and bounds descriptions, copy of maps, notification of change of address or change of owner. e e V. SECOND PARTY further agrees to cooperate with the City Administration and the City Tax Assessor-Collector in any other area where his expertise may be beneficial to them in fulfilling the responsibilities of their jobs. VI. IT IS ALSO FURTHER AGREED BY SECOND PARTY that in the event SECOND PARTY's proposed values are protested by the owners or representatives of the property, SECOND PARTY will at his own expense furnish expert testimony in the District Court of Harris County, Texas to defend his proposed values. VII. SECOND PARTY agrees that the City of La Porte, will in no way be obligated or indebted to said SECOND PARTY, or his agents, servants, or employees, for salaries, expenses, materials, or other charges except only as herein specifically otherwise provided. VIII. SECOND PARTY agrees that the City of La Porte, at its sole option, may cancel this contract in the event of the death or inability of Hugh L. Landrum, individually, to perform the personal services contemplated by this contract. IX. IT IS FURTHER DISTINCTLY UNDERSTOOD AND AGREED by both parties hereto, that if any word, phrase, sentence, paragraph, or provision of this contract shall be for any reason declared or adjudicated to be invalid, such declaration or adjudication shall not affect the remaining portion thereof. e e X. FOR AND IN CONSIDERATION of the skilled services, technical knowledge, and experience of SECOND PARTY in performance of the obligations devolving upon such PARTY hereunder; and in consideration of the information given and assistance furnished by SECOND PARTY to the City Tax Assessor-Collector in their undertaking to calculate Industrial District Taxes and "in-lieu of taxes" payments for calendar years 1996, 1997, and 1998; FIRST PARTY agrees and obligates itself to compensate SECOND PARTY by payment to SECOND PARTY, the sum of THIRTY-SIX THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($36,750) per year for each of the calendar years 1996, 1997, and 1998, payable in equal quarter-annual installments. THE EXECUTION OF THIS CONTRACT is authorized by proper resolution duly adopted by the Mayor and City Council of the City of La Porte, Texas and entered upon the Minutes of such Council. EXECUTED IN SEVERAL DUPLICATE ORIGINALS by order of the Mayor and City Council of the City of La Porte, Texas on this the 23rd day of October, 1995. City of La Porte ,/1 Bih/#1I'?;/)/4 L( " Norman Malone, Mayor ATTEST: --.J? ) CSU~ ~ City Secretary t;d~.d City Attorney Hugh L. Landrum & Associates, Inc. Byo/L.~/ Hugh L. Landrum, President e e REOAT FOR CITY COUNCIL AGEND~EM Agenda Date Requested: October 23. 1995 Requested By: Louis Rieby &~~ Department: AdminiSlDllive Services Report Resolution X Ordinance Exhibits: Ordinance No. 95- Letter from Attorney General s-amt\Ry &~ During the last Legislative Session, the "Texas Concealed Weapons Act" was passed which allows a person to obtain a license from the State of Texas to carry a concealed handguns. The Act allows employers to prohibit their employees from entering their businesses with concealed handguns, but the Act does not empower employers to keep other persons with concealed weapons off their premises. However, by posting a notice that no person may enter the premises with a firearm, an employer may invoke the authority of the Criminal Trespass Statute. The attached ordinance does three things: Section 1 - Prevents any person from entering a City premise with a concealed handgun, Section 2 - Prevents employees from carrying concealed handguns while on the premises of the business of the City of La Porte, Section 3 - Requires the City to post appropriate signs. Note: "Premise" has been defined as any building or portion of a building owned, occupied, leased, or controlled by the owner. The term does not include any public or private driveway, street, sidewalk or a walkway, parking lot, parking garage, or other parking areas. Action Required by Council: Adopt ordinance allowing City to prohibit any person or employee from carrying a concealed weapon on the premises of the City and requiring the City to post appropriate notice. Availability of Funds: General Fund _ Capital Improvement Other _ Water/Wastewater _ General Revenue Sharing Account Number: N/A Funds Available: Yes No Approved-for City Council Aeenda ~~\.~ Robert T. Herrera City Manager \o.t1, '9~5 Date e e ORDINANCE NO. 95-2072 AN ORDINANCE ADOPTING THE PROVISIONS OF SECTION 30.05, TEXAS PENAL CODE, AND PROHIBITING ANY PERSON FROM CARRYING A FIREARM ON ANY PROPERTY OR IN ANY BUILDING OF THE CITY OF LA PORTE; PROHIBITING ANY PERSON WHO IS LICENSED UNDER ARTICLE 4413 (2gee), V.T.C.S., FROM CARRYING A CONCEALED HANDGUN ON ANY PROPERTY, BUILDING, OR PREMISES OF THE CITY OF LA PORTE; CONTAINING DEFINITIONS; PROVIDING FOR SIGNS; PROVIDING EXEMPTIONS; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SOH OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; CONTAINING A SEVERABILITY 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. section 30.05, "Criminal Trespass," of the Texas Penal Code, reads as follows: Its 30.05. Criminal Trespass (a) A person commits an offense if he enters or remains on property or in a building of another without effective consent and he: (1) had notice that the entry was forbidden; or (2) received notice to depart but failed to do so. (b) For purpose of this section: (1) "Entry" means the intrusion of the entire body. (2) "Notice" means: (A) oral or written communication by the owner or someone with apparent authority to act for the owner; (B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock; (C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden; or (D) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry. (3) "Shelter center" has the meaning assigned by Section 51.002(1), Human Resources Code. (c) It is a defense to prosecution under this section that the actor at the time of the offense was a fire fighter or emergency medical services personnel, as that term is defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances. e e ORDINANCE NO. 95-2072 P1!GE 2 (d) An offense under this section is a Class B misdemeanor unless it is committed in a habitation or a shelter center or unless the actor carries a deadly weapon on or about his person during the commission of the offense, in which event it is a Class A misdemeanor." Pursuant to the authority granted to it as a property owner under section 30.05, Texas Penal Code, the City Council of the City of La Porte hereby prohibits any person, other than . those enumerated in section 5 hereof, from carrying a firearm on any property or in any building of the city of La Porte. section 2. Pursuant to the authority granted to it as a property owner under Article 4413(2gee), V.T.C.S., the City Council of the city of La Porte hereby prohibits any person, other than those enumerated in section 5 hereof, who is licensed under Article 4413 (2gee), V.T.C.S., from carrying a concealed handgun on the premises of the City of La Porte. "Premises" means a building or a portion of a building. The term "Premises" does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. section 3. Pursuant to section 32, Article 4413 (2gee) , V.T.C.S., the city of the City of La Porte, as a public employer, prohibi ts any person, other than those enumerated in section 5 hereof, who is licensed under Article 4413(2gee), V.T.C.S., from carrying a concealed handgun on the premises of the business of the City of La Porte. "Premises" means a building or a portion of a building. The term "Premises" does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. ORDINANCE NO. 95-2& e PAGE 3 section 4. The City of La Porte shall prominently display at each entrance to each of its properties, buildings, and premises, as appropriate, a sign which gives notice in both English and Spanish that it is unlawful to carry a handgun on such property, building, and premises. The sign must appear in contrasting colors wi th block letters at least one inch in height and shall be displayed in a conspicuous manner clearly visible to the public.. section 5. This ordinance shall not apply to duly licensed peace officers; law enforcement officer alias handgun licensees; and active judicial officer licensees. 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. section 7. Any person who violates section 2 or Section 3 of this ordinance, upon conviction in the municipal court of the city of La Porte, shall be subject to a fine not to exceed two hundred dollars ($200.00) for each offense. section 8. The city council officially finds, determines, recites, and declares that a sufficient written notice of the date, ORDINANCE NO. 95-~ e PAGE 4 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 9. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the Bayshore Sun at least twice within the ten (10) days after the passage of this ordinance. section 10. This Ordinance shall be effective from and after its passage and approval, and publication, but no earlier than January 1, 1996. PASSED AND APPROVED, this 23rd day of October , 1995. By: ATTEST: ~ ~- Sue Lenes, City Secretary ttorney e e Letter From Attorney General On Handguns Dan Morales Attorney General Cl&ffice of tue ~ttornep ~enetal ~tate of ~exas DAN MORALES A TTOR:'\:EY GE:"oiERAl Octoberl,1995 Dear City Officials: The new concealed handgun law has raised a number of questions for local officials in terms of their ability to limit the carrying of concealed weapons. My office has recently issued two opinions interpreting the concealed handgun law, DM-363 and DM-364. These two opinions address questions raised regarding the interpretation of specific provisions in the law. There were several issues, however, that I felt warranted further consideration and discussion in order to provide local governments with additional guidance in the implementation of the new concealed handgun law. My office has recently issued a letter opinion, L.O. 95-058, that confirms the right of a local government such as a city council to prohibit the carrying of concealed handguns at public facilities. This opinion holds that a local government has the same power that is available under current law to a private business or to a private citizen to post a sign prohibiting the carrying of handguns on premises under its control. Individuals that violate such a restriction could be prosecuted for criminal trespass under Penal Code Section 30.05. A local government could apply such a restriction to premises owned by the governmental entity. However, in my review of the concealed handgun law, it became apparent that the new law specifically prevented municipalities from regwating the carrying of licensed concealed weapons in city parks. Cities have historically relied on Local Government Code Section 215.001 for their power to regulate the carrying of a firearm at a public park. The new concealed handgun legislation, however, specifically amended this law to take away this power from municipalities with regard to licensed concealed weapon carriers at public parks. A similar restriction was not placed on the authority of county governments over their parks. In my judgment, city and county governments alike, should have the power to regulate the licensed carrying of concealed handguns at local parks. I was deeply concerned by the abridgment of your power as local officials to provide reasonable regulations in this regard. I want to let you know that I pledge to work with local government leaders and with the Texas Municipal League to propose legislation that will give back and ensure that municipal governments have the power to enact reasonable firearm regulations at public parks. Do not hesitate to contact my office at (512) 475-4683 if you have any questions on this issue and please know that I remain at your service. Sincerely, ~~ MJ~ Dan Morales Attorney General P.O. BOX 12548 AUSTIN, TEXAS 78711-2548 AN EQUAl EMPLOYMHIOT OPPORTCNlT)' EMPLOYER NUNTl;D ON IUClCLELJ PA,PfR OCTOBER 9S * TEXAS TOWN &: CITY 9 e e ~T FOR CITY COUNCIL AGEND~ Agenda Date Requested: octob;r 23/ 1995 Requested By: s. Gillett ~~ Department: Report Resolution Public Works xxxx Ordinance Exhibits: Ordinance 95- Commercial Solid Waste Contract SUMMARY & RECOMMENDATION On October 22, 1990, the City Council approved a five (5) year contract with Browning-Ferris, Inc. (BFI) to provide commercial solid waste collection and disposal services within the city of La Porte. The Contract included a renewal clause for an additional five (5) year term upon the mutual agreement of the parties. The city has negotiated a new five (5) year contract with BFI to provide commercial solid waste collection and disposal, with a five (5) year renewal option. The new rate represents a 3% increase over the current rate. The Contract allows for an annual cost of living adjustment based on the Consumer Price Index for all Urban Consumers (CPI-U), with a maximum rate increase of 4% for anyone year. The new contract contains a few differences. The rate for roll-off containers is broken into three parts: 1) collection and transport (base rate), 2) disposal and 3) state tax. The annual adjustment of the base rate will be based on CPI-U. The disposal rate will be adjusted to reflect actual cost, however, please note that the maximum disposal rate cannot exceed the City's contractual rate with Sanifill, which is also based on CPI-U. Also added to the Contract is a rate for Special collection of heavy trash. This rate, set up much like the roll-off rate, is designed to be used for special trash collections within the City, such as contractor- generated debris. It will also provide a safety valve for collection of trash that cannot be collected by City forces. Finally, the Contract provides that the Contractor will collect and dispose of all waste generated by City operations, as well as periodic festivals and events, such as Sylvan Beach Day. It is estimated that the annual savings for the City for this service will total $32,000. Action Required by Council: Approve Ordinance 95- authorizing a contract between the City of La Porte and Browning-Ferris, Inc. for the collection and disposal of commercial solid waste. Availability of Funds: xxxx General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001-700-703-507 Funds Available: ~YES NO :::l Approved for city Council Aqenda Q~T.~ Robert T. Herrera City Manager \0 - n -q~ DATE ~ -4 e e ORDINANCE NO. 95-2073 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BROWNING-FERRIS, INC., FOR COLLECTION AND DISPOSAL OF COMHERCIAL SOLID WASTE; 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 describ~d 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- 2073 PAGE 2 PASSED AND APPROVED, this 9th day of October, 1995. By: ;r:::;;E _ Norman L-:-MilOri~~. Mayor ATTEST: ~_ L---- Sue Lenes, City Secretary APPROVED: ~d) Knox W. Askins, City Attorney e e NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT. ARTICLE 224. ET. SEC.. REVISED CIVIL STATUTES OF TEXAS THE STATE OF TEXAS COUNTY OF HARRIS CONTRACT COLLECTION AND DISPOSAL OF COMMERCIAL SOLID WASTE CITY OF LA PORTE THIS AGREEMENT, made and entered into by and between the city of La Porte, a Municipal Corporation of Harris County, Texas, hereinafter called the "City", and Browning-Ferris, Inc., a corporation duly organized under the laws of the State of Delaware, hereinafter called the "Contractor". WITNESSETH that for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor hereby agrees with the City to commence and complete the work described as follows: The Contractor shall furnish all personnel, labor, equipment, and all other necessary items to provide for the collection and disposal of commercial and industrial solid waste within the corporate limits of the City of La Porte, as specified, and to perform all the work called for in accordance with the Contract Documents, including the Request for Proposal, Instructions to Proposers, Proposal, Affidavit, Proposal Bond, Contract, General Specifications including Exhibit A, B, C and D, Performance Bond, and any changes to the foregoing documents agreed to by the City and the Contractor, all of which are made a part hereof as fully as if set out herein and hereby become a part of these documents. It is agreed and understood between the parties that the Contractor agrees to accept and the Owner agrees to pay for the work at the prices and amounts stipulated in the Rate Schedule, and payments shall be made at the time and in the amounts and in the manner set forth in the Contract Documents. This Contract shall become effective upon the execution of the Contract, and performance of such contract shall begin November 1, 1995. In the event of conflict with any terms, provisions or obligations of any of the Contract Documents, the General Specifications shall apply. PAGE 1 OF 21 e e In the event that any portion of the Contract Documents are found invalid or unenforceable, the invalid or unenforceable portion shall not affect the validity or enforceability of any other portion of the Contract Documents. IN WITNESS WHEREOF, the parties to these presents have executed this contract in multiple cOd~;{rparts, each of which shall be deemed an original, this the day of October, 1995. THE CITY OF LA PORTE By:6?~ t.~ Robert T. Herrera, City Manager (SEAL) ATTEST: ~ Sue Lenes, ~ City Secretary APPROVED AS TO CITY ATTORNEY BY: Ann (SEAL) (),/ ~ . ATTEST: /1l-C-:C;., /i.4?~ f!<..,ofV}t".A---' r'- PAGE 2 OF 21 1.00 1. 02 1.03 1. 04 1. 05 1.06 1. 07 1. 08 e e GENERAL SPECIFICATIONS COLLECTION AND DISPOSAL OF COMMERCIAL SOLID WASTE BINS - Metal receptacles designed to be lifted and emptied mechanically for use at Commercial and Industrial Units. For the purposes of this contract, Bins are containers of 2,3, 4, 6, 8 and 10 cubic yards designed for collection with a front-loading collection vehicle, and Bins that are 20, 30, and 40 cubic yards, designed for collection with a tilt-loading collection vehicle, also called Roll-off. BULKY WASTE - Appliances, water tanks, furniture and other waste materials, other than Construction Debris, Dead Animals, Hazardous Waste or Stable Matter wi th weights or volumes greater than those allowed for Bins. CITY - City of La Porte, Texas. COMMERCIAL AND INDUSTRIAL REFUSE - All Bulky Waste, Construction Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial unit. COMMERCIAL AND INDUSTRIAL UNIT - All premises, locations or entities, public or private, requiring refuse collection within the corporate limits of the city, other than a single-family Residential unit. For the purposes of these specifications, apartments, condominiums and townhomes, and trailer parks are considered Commercial units. CONSTRUCTION DEBRIS - Waste building materials resulting from construction, remodeling, repair or demolition operations. CONTRACT DOCUMENTS The Request for Proposal, Instructions to Proposers, Affidavit, Proposal, Proposal Bond, Contract, General Specifications, including Exhibit A, B, C and D, Performance Bond and any addenda or changes to the foregoing documents agreed to by the City and the Contractor. CONTRACTOR Browning-Ferris, Inc., or its duly authorized successor, performing Commercial and Industrial Refuse Collection and Disposal with the City under the terms of the Contract Documents. PAGE 3 OF 21 1. 09 1.10 1.11 1.12 1.13 1.14 1.15 e e DEAD ANIMALS - Animals or portions thereof equal to or greater than 10 lbs. in weight that have expired from any cause, except those slaughtered or killed for human use. DISPOSAL SITE - A Refuse depository, including, but not limited to, sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive, for processing or final disposal of, Garbage, Refuse and Dead Animals. GARBAGE - Any and all dead animals of less than 10 lbs. in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, frui ts, grains or other animal or vegetable matter, (including but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposed waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. HARD TO HANDLE WASTE - Any and all material that, because of its difficulty in collection, transport, or disposal causes the Contractor to incur an additional cost, including, but not limited to concrete. HAZARDOUS WASTE - Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate State agency by or pursuant to Federal or state law, or waste, in any amount, which is regulated under Federal or State law. For the purposes of this Contract, the term Hazardous Waste shall include motor oil, gasoline or other petroleum product, paint and paint containers. PRODUCER - An occupant of a Commercial and Industrial Unit who generates Refuse. REFUSE This term shall refer to Commercial and Industrial Refuse to be collected and disposed of pursuant to this Contract unless the context requires otherwise. PAGE 4 OF 21 1.16 1.17 2.00 3.00 3.01 3.02 e e RUBBISH - All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other waste material not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. STABLE MATTER All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. SCOPE OF WORK - The work under this Contract shall consist of the items contained in the Contract Documents, including all the supervision, materials, equipment, labor, services and all other items necessary to complete said work in accordance with the Contract Documents. TYPE OF COLLECTION SERVICE PROVIDED Contractor shall provide Bin collection service for the temporary and permanent collection of Commercial and Industrial Refuse to Commercial and Industrial Units according to individual agreement. The Contractor shall also provide special collection and disposal of bulky waste, construction debris, and rubbish from residential, vacant and commercial properties, using methods other than providing bins, if requested, at rates established under section 13.01. The Contractor may, from time to time, provide for special collection of Dead Animals and Hazardous Waste at Commercial and Industrial Units at its sole discretion and upon such terms and conditions as may be mutually agreeable between the Contractor and the Producer. LOCATION OF BINS FOR COLLECTION Contractor shall provide Bins for Commercial and Industrial units whenever customers request their use. Each Bin shall display the Contractor's name and local telephone number in a clear and legible manner. All Bins shall be covered, and maintained in a good and nuisance-free condition. PAGE 5 OF 21 3.03 3.04 3.05 4.00 4.01 e e Each Bin shall be placed in an accessible, outside location on a hard surface. Contractor shall make all efforts to place the Bin at the customer's requested location, as long as the location is entirely within the customer's property. In no event will a Bin ever be placed on any City, County or state right-of-way. CITY FACILITIES - The Contractor agrees to provide Bins, and collect and dispose of Refuse from City-owned facilities identified on Exhibit D of the Contract Documents, at no charge to the city. The city reserves the right to make minor modifications to the number, placement and frequency of collection from time to time, depending on the addition of facilities and seasonal requirements. INITIAL START OF CONTRACT - It shall be the duty and responsibility of the Contractor to contact each and every Commercial and Industrial unit to determine the collection and disposal needs of each unit. If commercial service is currently provided, regardless of the provider, or if commercial service is required or desirable, the Contractor shall provide the size Bin and collection frequency necessary. Upon obtaining information regarding size and frequency of collection needs, the Contractor shall provide such information to the city. It is understood that this information will be provided at the beginning of the contract period, with monthly updates provided to coincide with the billing period, as provided in Paragraph 13.09. CUSTOMER BASE - It is understood that the Contractor has the exclusive right, as the City's Independent Contractor, to collect all Refuse from Commercial and Industrial units within the corporate limits of the City. All existing customers of the City, as well as those units utilizing other collection services, including the contractor's, are customers of the City, effective with this Contract, and will be serviced by the Contractor, acting as the city's Independent Contractor under the terms and conditions of this Contract. COLLECTION OPERATION HOURS OF OPERATION Collection of Commercial and Industrial Refuse shall be permitted before 6:00 A.M., provided that collection routes do not disturb single family or mUlti-family residential units. PAGE 6 OF 21 4.02 4.03 4.04 4.05 e e ROUTES - Commercial and Industrial unit collection routes shall be established by the Contractor. The Contractor shall have the right to pursue with each Producer a collection frequency and Bin size that maximizes the Contractor's resources, while ensuring sanitary and odorous conditions are not compromised. If agreement cannot be reached, the City shall have the right to determine Bin size and collection frequency. HOLIDAYS - Commercial and Industrial unit collection shall not be required on the following recognized holidays: New Year's Day Memorial Day Independence Day Labor Day Thanksgi ving Day Christmas Day When normal collection falls on a holiday, the Contractor will provide collection on the day before or the day after the holiday, at the Contractor's discretion. SERVICE REQUESTS AND INQUIRIES - The Contractor will maintain a business office within the city to receive requests for service and complaints. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 A.M. to 5:00 P.M. on weekdays, excluding Holidays. Provisions shall also be made for emergency calls after 5:00 P.M. on weekdays and Saturdays before 3: 00 P.M. All requests for extra or special service, and any complaints from Commercial and Industrial units shall be directed to the Contractor. All such requests and complaints shall be given prompt and courteous attention. All requests for extra service will be accommodated by the Contractor as the Contractor's schedule permits, and the city shall be notified of extra service requests with the Contractor's monthly billing. In the case of alleged missed scheduled collections, the Contractor shall investigate and, if determined valid, shall arrange for the collection of the Refuse not collected within 24 hours after the complaint is received. If the matter cannot be resolved, the City has the right to make the final determination. NEW AND DISCONTINUED SERVICES - All request for new and discontinued service shall be directed to the ci ty , between the hours of 8: 00 A.M. and 5: 00 P.M., Monday through Friday, excluding Holidays, at City Hall, 604 West Fairmont Parkway, La Porte, Texas. The City will promptly notify the Contractor of all such requests, and the Contractor will comply with the request within 48 hours of receipt of the request. PAGE 7 OF 21 4.06 4.07 4.08 4.09 4.10 e e In the case of new service requests, from time to time the Contractor may be required to consul t wi th the potential Producer to determine Bin size and collection frequency. The City will promptly notify the Contractor of such, and the Producer, upon determination of said size and frequency in consultation with the Contractor, will make proper application with the City, who will then notify the Contractor as outlined above. INACCESSIBLE BINS - If, during the collection cycle, the Contractor in good faith determines that collection of a particular Commercial and Industrial unit is not possible due to the inaccessibility of the Bin, through no fault of the Contractor, the Contractor will make a good faith effort to contact the unit to provide accessibility. The Contractor can, but is not required to, return the same day to provide collection. If the Contractor cannot gain accessibility on the regular scheduled collection day, the Contractor shall provide service on the next scheduled collection day, and the unit shall be charged an amount as provided by the Contract equal to the amount due by Producer had the collection been made. COLLECTION EQUIPMENT - The Contractor shall provide an adequate number of vehicles for regular collection services, including sufficient back-up vehicles. Vehicles shall be covered or totally enclosed, meet all statutory requirements for safety and other regulations, and shall be kept in good repair, appearance, and in a sanitary condition at all times. Each vehicle shall have clearly visible, on each side of the vehicle, the name and telephone number of the Contractor. COLLECTION AND TRANSPORT - All Refuse collected and transported by the Contractor shall be so contained that no spilling, leaking, blowing or falling occurs. If Refuse is spilled, leaked, blown or falls during collection or transport, Contractor shall clean all such Refuse immediately. DISPOSAL - All Refuse collected for disposal by the Contractor shall be transported to a Disposal site. The charge for disposal shall be included in the rate set forth in the Contract for each Commercial and Industrial Unit serviced by the Contractor. CONTRACTOR'S EMPLOYEES - The Contractor shall assign a qualif ied person or persons to direct collection and disposal operations and shall furnish the name or names of such person(s) to the city. Such person(s) shall have full authority to respond immediately to and resolve complaints or problems. PAGE 8 OF 21 5.00 6.00 7.00 e e Contractor's employees shall be uniformed, with company and name identification provided on said uniforms. All drivers will possess the appropriate license as issued by the Texas Department of Public Safety. GOVERNING LAWS - This Contract shall be governed by the laws of the State of Texas and the Ordinances of the City of La Porte. Should any disagreement occur concerning the Contract, the parties agree that the venue for settling such disputes, including claims and suits, shall be Harris county, Texas, provided however, nothing in this paragraph shall prevent the parties from resolution of any dispute under Paragraph 17.00 of the Contract. EFFECTIVE DATE AND TERM - This contract shall become effective, and performance shall begin on November 1, 1995. The Contract shall be for a five (5) year period beginning on November 1, 1995 and remain in full force until October 31, 2000. The initial term of the Contract may be extended for an additional five (5) years, upon the Mutual agreement of the Contractor and the City. Request for extension by the Contractor shall be submitted in writing, on or before June 1, 2000. The request for extension shall contain the proposed pricing, including proposed formula for price increases, and any additional terms or conditions not contained in the original Contract Documents. If the City disapproves the proposed extension on or before August 1, 2000, the Contractor shall be entitled to terminate service effective November 1, 2000, provided written notice is served to the city on or before August 15, 2000. If the City does not act on the proposed extension on or before August 1, 2000, or written notice is not served to the City by August 15, 2000, the Contractor agrees to extend the Contract with the city for one (1) additional year, from November 1, 2000 to August 31, 2001, according to Paragraph 13.02 of the Contract Documents. INDEMNITY - 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 contract, including damages, penalties or claims arising from the disposal of any waste by the Contractor 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. PAGE 9 OF 21 8.00 9.00 10.00 e e NONDISCRIMINATION - The Contractor in its employment, operations and service shall not discriminate against any person because of race, sex, age, creed, color, religion, national origin, or in any other manner prohibited by law. NOTICE All written notices shall be served by registered or certified mail to the parties, return receipt requested, as follows: CITY City Manager City of La Porte P.O. Box 1115 La Porte TX 77572 CONTRACTOR District Manager - Bay Area District BFI Waste Systems, Inc. P.O. Box 1379 La Porte, TX 77572 INSURANCE - The Contractor shall, at all times during the term of this Contract, maintain in full force and effect Employer's Liability, Worker's Compensation, Public Liability and Property Damage insurance, including Contractual Liability coverage for the provisions of Section 7.00. All insurance shall be by insurers licensed to do business in the State of Texas, and for the policy limits as specified by the city, before the commencement of work. The Contractor agrees to 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 contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in full force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder." The Contractor may elect, with the express prior written consent of the City, to insure the required coverages under planes) of self-insurance. The coverages may be provided by the Contractor's parent corporation, subject to all applicable provisions of Texas law and the licensing requirements of the appropriate State of Texas agency. PAGE 10 OF 21 10.01 11.00 11. 01 11. 02 e It INSURANCE POLICY LIMITS For the purposes of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: COVERAGES LIMITS OF LIABILITY Worker's Compensation statutory Employer's Liability Public Liability, Bodily Injury, Including Death, Except Automobile $500,000 per occurrence $500,000 each occurrence $1,000,000 aggregate Property Damage Liability Except Automobile $500,000 each occurrence $1,000,000 aggregate Automobile Bodily Injury Liability, (owned and non- owned), Including Death $500,000 each person $1,000,000 ea. occurrence Automobile Property Damage Liability (owned and non-owned) $500,000 each occurrence Excess Umbrella Liability $5,000,000 ea. occurrence PERFORMANCE BOND - Upon award of the Contract, the Contractor shall furnish to the City a corporate surety bond, issued by a corporate surety licensed to do business in the State of Texas, as security for the faithful performance of this Contract. Said surety bond must be in the amount of three hundred and fifty thousand dollars ($350,000.00), which represents the estimated billing for the first year of the Contract. The bond shall indemnify the city against any loss resulting from any failure of performance by the Contractor up to and including the penal sum of the bond. PREMIUM - The premium for the bond(s) described above shall be paid by the Contractor. A certificate from the surety Showing that the bond premiums are paid in full shall accompany the bond. POWER OF ATTORNEY Attorneys in fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. PAGE 11 OF 21 12.00 12.01 12.02 12.03 13.00 13.01 e e FAILURE TO PERFORM NOTICE - All terms and conditions of the Contract are considered to be material and a failure to perform or a breach of any condition, term or provision of any part of the Contract shall be considered to be a default constituting grounds for termination or other default relief. Should the Contractor fail to perform any of its contractual obligations, the City shall provide written notice of termination and cancellation of the contract. The notice shall set forth the causes and reasons for the proposed termination and cancellation. The Ci ty' s failure to give notice shall not be deemed a waiver of subsequent defaults or failure to perform. REMEDY - Should the Contractor fail to correct such breach within ten (10) days of the notice, the city may, at its option, terminate this agreement and negotiate with other contractors for the performance of the service. Such action shall not release the Contractor of liability to the city for such breach of agreement. In the event of termination under this provision, the City may utilize the performance bond(s) to fund cost of service for collection and disposal, and may avail itself of any other remedy allowed by law for damages resulting from Contractor's failure to perform. FORCE MAJEURE - In the event that the Contractor is delayed or prevented from continuing in the performance of this Contract by reason of an Act of God, catastrophe, riot, war, governmental order or regulation, strike or other similar or different contingency beyond the reasonable control of the Contractor, the Contractor shall not be liable for damages arising solely out of such contingency. BASIS AND METHOD OF PAYMENT COLLECTION AND DISPOSAL RATES For collection and disposal services required to be performed by the Contract, the charges for said services shall be as outlined under Exhibit A, Band C (Rate Schedule), and said charges shall not exceed the rates as fixed by the Contract Documents, as adjusted in accordance with Paragraph 13.02. The Refuse collection charges provided in this section shall include all collection, disposal, State fees, and related costs. Bins will be deemed full for purposes of determining cubic yards collected, with the capacity as determined by the manufacturer. PAGE 12 OF 21 13.02 13.03 13.04 13.05 e e MODIFICATION OF RATES - The Contractor and the City hereby agree that the fees for such refuse collection and disposal service as provided in Exhibit A, Band C shall be binding upon both parties for the first year of the Contract, that is from November 1, 1995 through October 31, 1996. In the event that the Contractor determines that an increase in such collection and disposal fees is required due to an increase of specific costs incurred by the Contractor in providing such services, then the Contractor shall submit, in writing, to the City on or before July 15, 1996, and subsequent years, its proposal for increased fees and all supporting data related thereto, and such proposed increases shall be approved in accordance with Paragraph 13.03 and 13.04, with a maximum annual rate increase as defined in Paragraph 13.05. ANNUAL COST OF LIVING ADJUSTMENT - Beginning November 1, 1996, and in subsequent years thereafter, there shall be a cost of living adjustment of the base rates. The base rate for commercial container service shall include collection, transport and disposal costs. The base rate for roll-off service and special collections shall include collection and transport costs. The annual cost of living adjustment shall be calculated by multiplying the base rate by a fraction, the denominator of which shall be the April 1995 Consumer Price Index for all Urban Consumers (CPI-U), all items, u.s. City Average, and the numerator of which shall be the CPI-U for all items, u.S. City Average for April 1996, and subsequent dates of adjustment. DISPOSAL COSTS - The rate for roll-off service and special collection shall be increased annually to reflect increases in landfill disposal costs, but shall not exceed the current Type IV rate paid by the City for disposal of Type IV trash. MAXIMUM ANNUAL RATE INCREASE - Regardless of the actual cost increase incurred by the Contractor in a gi ven period, as defined in 13.03 and 13.04, the City shall never incur an increase greater than four percent (4%) of the prevailing base rate in any Contract year. Provided, however, any fees, in addition to current State fees, imposed on all Disposal Sites within a 25 mile radius of the City, by any local, state, federal or other regulatory agencies shall be passed to the City as they become effective. Such rate increase shall be in addition to and separate from any annual rate increase provided for in Paragraphs 13.03, 13.04 and 13.05. PAGE 13 OF 21 13.06 13.07 13.08 13.09 e e APPROVAL OF RATE INCREASES After receipt of the Contractor's proposal to increase rates as outlined in Paragraph 13.02, the City shall approve or disapprove of the proposed rate increase on or before August 1, 1996, and in subsequent years, provided that the City shall approve any rate increase that has been properly established under section 13 of the Contract. Should the City fail to approve or disapprove of the proposed rate increase by such date, then the proposed increase shall take effect on November 1 of that Contract year. Should the Contractor and the City fail to agree on the proposed rate increase, resolution shall be subject to Paragraph 17.00. CITY TO ACT AS COLLECTOR - The city shall submit statements to and collect from all Commercial and Industrial units served by the Contractor, including all delinquent accounts. The billing rates shall be determined by City Ordinance, and any difference between the Contractor's rate and the ci ty' s rate shall be retained by the City for billing and administration of the Contract. DELINQUENT ACCOUNTS - The Contractor shall discontinue Refuse collection service to any Commercial and Industrial Unit, delinquent in its payments to the City, upon reasonable prior written notice by the city. Upon further prior written notification by the City that the Uni t ' s account has been made current, the Contractor shall resume Refuse collection on the next regularly scheduled collection day. CONTRACTOR BILLINGS TO THE CITY - The Contractor shall invoice the city, in arrears, for service rendered to Commercial and Industrial units wi thin ten (10) days following the end of the month, as set forth in the Contract, and the City will pay the Contractor on or before the end of such month. The Contractor shall be entitled to payment for services rendered to units regardless of the status of the Unit's account with the City, subject to the provisions outlined in Paragraph 13.08. Should the City and the Contractor fail to agree on the invoice amount, then the City shall pay the disputed amount, subject to resolution under Paragraph 17.00. The Contractor's monthly statement to the City shall include an itemized listing of each Commercial and Industrial units' billing name, service address, City account number, size and frequency of service and any extra service provided during the billing period. PAGE 14 OF 21 14.00 15.00 16.00 17.00 18.00 e e TRANSFERABILITY OF CONTRACT - Other than by operation of law, no assignment of the Contract or any other right accruing under this Contract shall be made, in whole or in part, without the express written consent of the City. The City shall have the right to investigate the proposed assignee, as outlined under the original proposal, and reserves the right to reject any proposed assignee that does not meet the requirements of the original proposal. The City agrees to not unreasonably withhold consent of assignment. Upon assignment, the assignee agrees to assume all terms and conditions of the Contract. EXCLUSIVE CONTRACT - The Contractor shall have the sole and exclusive franchise, license, privilege and right to provide collection and disposal of Refuse from Commercial and Industrial Units, and special collections, within the corporate limits of the City. The Contractor shall have the right to solicit for collection and disposal of Dead Animals and Hazardous Waste, but such right shall not be exclusive. OWNERSHIP - Title to all Refuse and Dead Animals shall pass to the Contractor when placed in the Contractor's collection vehicle, removed by the Contractor from a Bin, or removed from the customer's premises. ARBITRATION Should a dispute arise regarding the interpretation of any provision of the Contract, except Paragraph 7.00, or any proposed rate increase under Paragraph 13.06, or monthly invoices under Paragraph 13.09 that cannot be resolved, within a reasonable amount of time, between the City and the Contractor, the parties may request the determination of such dispute by a mutually acceptable arbitrator. Should the parties be unable to agree upon a mutually acceptable arbitrator, each party shall nominate one arbitrator and the arbitrators so nominated by the parties shall select a third arbitrator who will act with them as a three-member arbitration panel to decide the disagreement between the parties by the concurrence of a majority of the panel. Cost for such arbitration shall be borne equally by Contractor and city, provided that each party shall bears its own attorney fees. The decision rendered by the arbitrator(s) will be final, subject only to judicial review as may be available under the Texas General Arbitration Act. Provided, however, that nothing in this paragraph shall prevent the parties from resolving disputes prior to formal arbitration. RELATIONSHIP BETWEEN THE PARTIES - The relationship between the parties is that of the City, as Owner, and Browning-Ferris, Inc., as Independent Contractor. PAGE 15 OF 21 e . ReC'{c!ed paper em EXHIBIT "A" CITY OF LA PORTE PROPO~ED R-\ TES FOR FRONT END SERVICE . . . EQUIPMENT NUMBER OF DAYS PER WEEK TYPE 1 I I -Extra PITT 2 3 4 5 6 2 eu yd $1 7.94 I $35.88 $53.82 $71 .76 $89.70 $107.64 $ 4.14 3 eu yd $26.91 $53.82 $80.73 $107.64 $134.55 $1 6 1 .46 $ 6.21 4 ell yd $35.88 $71. 76 $107.64 $143.52 $1 79.40 $215.28 $ 8.28 6 eu yd $53.82 $107.64 $ I 61. 46 $215.28 $269.10 $322.92 $12.42 8 eu yd $71.76 $143.52 $215.28 $287.04 $358.80 $430.56 $16.56 1 0 eu yd $89.70 $179.40 I $269.10 $358.80 $448.50 $538.20 $20.70 PAGE 16 OF 21 e . Recycleo paper CD EXHIBIT "B" CITY OF LA PORTE PROPOSED RATES FOR ROLL OFF SERVICE Size Current Base Rate Flow Fee Total Landfill Rates $.25/cu. yd. rQ) 3 50 cu. vd. 20 yd $ 70.00 $ 132.85 $ 5.00 $ 207.85 LOOSE 10.39/eu.yd. 30 yd $ 105.00 $158.10 $ 7.50 $ 270:60 LOOSE 9.02/eu.yd. 40 yd $ 140.00 $ 166.88 $ 10.00 $316.88 LOOSE 7.92/eu. yd. d h dl" L d R 11 ff fill d . h 'll b h d d' 1 "Har to an e oa s- 0 0 contamers e WIt concrete WI e c aroe aecor mgty. 20 yd @ $141. 60 $ 132.85 $ 5.00 $ 279 AS 7.00 yd. 20 yd @ $ 210.00 $ 132.85 $ 7.50 $350.35 7.00 yd. 40 yd @ $ 280.00 $ 132.85 $ 1 0.00 $ 422.85 7.00 yd. 28 $115.36 $ 166.88 $ 11.20 $293 A4 COlVlP ACTED IOA8/eu.yd. 35 $ 144.20 $ 166.88 $ 14.00 $325.08 COl\1P ACTED 9.28/eu. yd. 40 $ 164.80 $ 166.88 $ 16.00 $347.68 COMP ACTED 8.69/eu. yd. TEMPORARY PERMANENT Delivery 2 Haul Minimum Rent $ 53.55 $ 75.00 $ -0- PAGE 17 OF 21 Delivery 2,.Haul Minimum Rent $ 53.55 $ 75.00 -0- e ~ EXHIBIT C SPECIAL COLLECTION Special collection of construction debris, bulky items and accumulated trash on an "as needed" basis to be determined by the City of La Porte. RATES - PRICE PER YARD Labor, transportation and Equipment (Base Rate): $ 8.75/yard Disposal fees: S 3. 50/vard Total cost per yard: S12.25/vard PAGE 18 OF 21 . e EXHIBIT D COLLECTION AND DISPOSAL SERVICE PROVIDED TO CITY AT NO CHARGE LOCATION QUANTITY SIZE Public Works Service Center 1 2 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 4 3 4 3 2 8 6 8 3 4 8 4 3 2 3 3 8 6 8 6 8 8 Fire station # 1 Fire station # 2 Animal Shelter Police station Northside Civic Center Fairmont Civic Center Evelyn Kennedy Civic Center Library Lomax Park City Hall Wastewater Treatment Plant E.M.S. Station/Fire Training San Jacinto Pool Little Cedar Bayou Park Northwest Park Bay Forest Golf Course La Porte Recreation Center Sylvan Beach Pavilion SPECIAL EVENTS Sylvan Beach Day Main Street Fair Bay Day Main Street Antique Collection, disposal and modification of number, placement and frequency of Bin collection shall be governed under Paragraph 3.03 of the Contract. PAGE 19 OF 21 . . BOND NO. 584 44 44 Pbl'ORMAHCB BONI> STAT! OF TEXAS COUN'I'Y OJ' HARRIS KNOW At.L MZN BY 'raSE PRBSENTS, 'I'hat Bro~Ferris, Inc. 1700 North "E" St., La Porte, TX 77571 (hereinafter called "Principal-), as Pr inc1pal, anCl oareco Insurance Company 01' America I a c:orpcxati on organi2ed and existing una.~ the laws of the state of Texas end authorized to act .. surety on bonds for principals (ne~e1nafter called .Suretyft), as Surety, are held and flr.ly boun4 unto the city ot La Porte, County of Harris, State of ~exa. (her.lnafte: called the .City.),.a City, in the penal sua of three hundred fifty thou.and Dollars ('3501000.00) ~or the payaent vh.~.of, the ..14 P:lneipal and Suzety bin4 thea.elves, .nd their h.l~s, adainistrators, exeeators, sUccesso%s and .as1gns jointly and severally, flrmly by these presents: WHBREAS, the P~1nc1pal has entered into a ~e:ta1n written c:ontract with th. City, dated the 1st day of Novpmher. lQQS for Coaae%cial and Industrial Soll~ Waste Collection and 01sposal, which Contract is hereby referred to and made a part thereof . as 1f fully and to the 8~m. extane copied at 1en9th he~e1n, con.istlng of the Request fo: Proposal, Instzuct10ns to P~oposers, Proposal, Atfidavit, Proposal lon~, Contract, Ganexal Specif1cations lnclu41ng Exh1blts A, 8 and C, an~ any chanses to the foregoing documents ag:ee~ to by the C1ty and the Principal. NOW THEREPORE, THE CONDITION OF ~HIS OBLIOaTION IS SUCH, that if the saia Principal shall faithfully per:or. the conditions of the Contract,. free and clear of all liens a~1sin9 out of claias for laaor, aaterlala an4 othet le:vtcea necessary ~o% the p8r!ozmance of the Cont:aet, and indean1iy and save hat.less the City !~o. all loss.., coat or 4...q. that the City may saffer by reason of the fal1u:e of the Principal.. !ailu%. to do so, then tb1s obligation shall b. vol~; oth.~vise this obllqat1on shall remaIn In ~~ll fozce and effect. I Surety, for value received fro. the PrIncipal, s~ipulat8. and agrees that no change, extension of cQnt~.ct tcr., alterat10n O~ aa41tlon to the te%.s of the Cont%actl or other ~ork perforaed thereunde% shall in anyvlse affect its ob119at1on on this bond, ana it does heraby waive notiee of any such chanqe, extension of term, alteration or addition to th. tar.. of the ContraQt, o~ the work to be perforaed th.r.unde~, PAGE 20 OF 21 . e IN WI~NESS WHERBOF1 the said PrinCIpal and Surety sl~nea ana seale~ thls lnatru.ent this 1st day of Nov~r 1995. have , Br~Ferri~nc. By au:L~tJ Ann P. Reeves, T1 tIe Vice President Add~ess 1700 North "E" St. La Porte, Texas 77571 Safeco Insurance Company of America Surety , IlY~CS\;x- Nancy Nix, 'ri tle AttorneY-in-fact Address 1551 Juliett R~. Stone Mountain, GA 30083 (Seal) (Seal) Re~ldent 0: Su:ety is: B. R. Goodeno SedD:wick James of Texas. Inc. ~Rll 'Jltn.tlp r.l'"ppk Rlzp 1 r T.Rl r nallas. 'T'PYRS 7t)~19-4419 PAGZ 21 OJ' 21 . e m (!) SAFECO POWER OF ATTORNEY SAFECO INSURANCE COMPANV OF AMERICA GENERAL INSURANCE COMPANV OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 0818S No. 5252 KNOW AU BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each hereby appoint ........GARY D. EKLUND; BARBARA S. MACARTHUR; HARRY G. STEVENS. JR.; ABBIE H. BROWN; K. E. MACARTHUR; NANCY NIX; RONALD A. SANTANIELLO; LESA A. SHACKLETT. Atlanta. Georgia............... its true and lawful anor~s)-in-fact. with full authority to execute on its behalf fidelity and SU"ety bonds or ..mertakings and other doc\rn8nts of a similar character issued in the CO\Kse of its business. and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 15th day of June 19 94 . ~nFICA TE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY ANI) SlRTY BGlOS . . . the President. any Vice President. the Secretary. and 0I:'ti Assistant Vice President appointed for that plXpose by the officer in charge of SU"ety operations. shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other docllTlents of similar character issued by the company in the course of its business . . . On any instrlJTlent making or evidencing such appointment. the signatures ~ be affixed by facsimile. ()'l arPf instrunent conferring such authority or on any bond or undertaking of the company. the seal. or a facsimile thereof. ~ be impressed or affixed or in 0I:'ti other manner reproduced: provided. hOwever. that the seal shall not be necessary to the validity of any such instn.ment or lXldertaking.. Extract from a ReSOlution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted JUy 28. 1970. "On at"! certificate executed by the Secretary or an assistant secretary of the ComparPf sening out. (j) The provisions of Article V. Section 13 of the By-Laws. and (ij) A copy of the power-of-attorney appointment. executed plXsuant thereto. and (iii) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile. and the seal of the Company ~ be a facsimile thereof." I. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant thereto. are true and correct. and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set m{ hand and affixed the facsimile seal of said corporation this 1st day of November 19 95 S-074/EP 1/03 @ Registered trademark of SAFECO Corporation. . \ e ~T FOR CITY COUNCIL AGEND~ Agenda Date Requested: October 23. 1995 Requested By: s. Gillett ~~ Department: Report Resolution Public Works xxxx Ordinance Exhibits: Ordinance No. 95- Exhibit A - Standard Minimum Requirements Letter of approval from FAA SUMMARY & RECOMMENDATION The La Porte Airport Advisory Board, on September 12, 1995, approved the final draft of the Standard Minimum Requirements for Airport Aeronautical Services for the La Porte Municipal Airport. The Standards were developed, using models developed by the FAA and the National Air Transportation Association (NATA), through a series of meetings with the Advisory Board, all FBO's and other interested parties at the Airport. The Standards spell out the steps needed to establish a lease, with minimum acreage, buildings, insurance and operating standards for each type of activity. This will allow the city of La Porte to make the Airport available for public use on fair and reasonable terms to all type, kinds and classes of aeronautical uses through the establishment of standard leasing policies. Action Required by Council: Approve Ordinance No. 95- adopting Minimum Requirements for Aeronautical Services at the La Porte Municipal Airport. ::0 Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: N/A Funds Available: ____yES NO Approved for city Council Aqenda ~~T.~ Robert T. Herrera city Manager '0' II - CfS DATE e e ORDINANCE NO. 95-2074 AN ORDINANCE ADOPTING STANDARD MINIMUM REQUIREMENTS FOR AIRPORT AERONAUTICAL SERVICES AT THE LA PORTE MUNICIPAL AIRPORT, DATED OCTOBER 23, 1995; 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 adopts the "Standard Minimum Requirements for Airport Aeronautical Services at the La Porte Municipal Airport", dated October 23, 1995, a true and correct copy of which is attached to this Ordinance as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance or the Standard Minimum Requirements for Airport Aeronautical Services at the La Porte Municipal Airport hereby adopted, shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of-this Ordinance, or said Standard Minimum Requirements for Airport Aeronautical Services at the La Porte Municipal Airport, 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 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the . e ORDINANCE NO. 95- 2074 PAGE 2 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 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. The Standard Minimum Requirements for Airport Aeronautical Services at the La Porte Municipal Airport adopted by this Ordinance shall be effective from and after October 23, 1995. PASSED AND APPROVED, this 23rd day of October, 1995 By: Cb' LA PORTE ~ q,1i ~~, N rma . "Ma .e, Mayor ATTEST: sue~s, City Secretary ~ {!!ZIiJ~ Knox W. Askins, city Attorney . . o us. 0epa1ment at Trcnsportation Federal Avtatton AdnHnIstratIon Southwest Region Arkansas. Louisiana. New Mexico. Oklahoma. Texas Fort Worth. Texas 76193-0000 September 28, 1995 Mr. Steve Gillett Airport Manager La Porte Municipal Airport P.O. Box 1115 La Porte, Tx 77571 Dear Mr Gillett: We have reviewed your Standard Minimum Requirements for Airport Aeronautical Services at the La Porte Municipal Airport and find them to be satisfactory We congratulate you for developing minimum standards for your airport. Sincerely ~*u#f Linda F. Stoltz Program Manager Texas Airport Development Office Airports Division, Texas Airport Development Office, Fort Worth, TX 76193-0650, (817) 222-5650 - TOGETHER WE SUCCEED - e e EXHIBIT A STANDARD MINIMUM REQUIREMENTS FOR AIRPORT AERONAUTICAL SERVICES LA PORTE MUNICIPAL AIRPORT October 23, 1995 Section 1 section 2 section 3 section 4 section 5 section 6 section 7 section 8 section 9 e e TABLE OF CONTENTS Page Def ini tions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Minimum Standards for all Operators................. 3 Lease Policies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 Lease Rates and Charges.............................. 8 Aircraft Sales...................................... 8 Aircraft Airframe, Engine, and Accessory Maintenance & Repa ir. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 Aircraft Lease and Rental...........................10 Flight Training. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Aircraft Fuels and Oil Service......................11 section 10 Radio, Instrument, or Propeller Repair Station......12 section 11 section 12 section 13 section 14 section 15 section 16 section 17 section 18 Aircraft Charter and Air Taxi.......................13 Aircraft Storage....................................14 Specialized Commercial Flying Services..............15 Fixed Base Operator (FBO)...........................16 Flying Clubs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 Subleasing from Another Commercial Operator.........18 other Aviation-Related Operator.....................19 Environmental. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 e e SECTION I. Definitions "Aircraft" means a device that is used or intended to be used for flight in the air. "Airport" means the La Porte Municipal Airport, which is that area of land that is used or intended to be used for the landing, take-off, maintenance, fueling and storage of aircraft, including all buildings and facilities. "Aeronautical Services" means any service which involves, makes possible, or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations. "Building" means permanent structures such as hangars, office spaces, storage facilities and the like used in the storage and/ or maintenance of aircraft, parts and other materials used in the maintenance and operation of aircraft, and the administration of airport services, including pilot lounges, restroom facilities, office areas and showrooms. Trailers, portable structures or other temporary buildings are specifically excluded from this definition and are prohibited on the Airport without the express written approval of the Airport Manager. "FAA" means the Federal Aviation Administration. "Fixed Base Operator (FBO) " means an Operator of a permanent fixed aviation service facility at the Airport who engages in two (2) or more aviation acti vi ties as outlined in these Standards. "Manager" means the Director of Public Works of the City of La Porte acting in the capacity of Airport Manager. "Minimum standards II means the qualifications which are established herein by the airport Owner as the minimum requirements to be met as a condition for the right to conduct an aeronautical activity on the airport. "Owner" means the City of La Porte. "0perator" means any person, firm, partnership, corporation, association or group providing anyone or a combination of aeronautical services to or for aviation users at the Airport. SECTION 2. Minimum Standards for All Operators The following standards shall apply to all Operators, in addition to the Rules and Regulations for the Operation of the La Porte 3 e e Municipal Airport, as established by Ordinance No. 1660 of the City of La Porte. 1. Lease shall be for a term not less than five (5) and not more than thirty (30) years, with other terms and conditions to be negotiated, commensurate with the Operator's financial investment in his facility. 2. Operator, or a supervisory employee, shall have had at least five (5) years experience in the aeronautical service it wishes to provide. Should an Operator not have such experience, but can demonstrate to the Owner's satisfaction that he has had equivalent related experience, such may be deemed acceptable. A statement of qualification shall accompany the Operator's letter of intent to the airport Owner. 3. Any Operator seeking to conduct aeronautical services at the airport must provide the Owner a letter setting forth the Operator's financial qualifications, to the Owner's satisfaction, from a financial institution doing business in the area, or other such source that may be readily verified through normal banking channels. The Operator must also demonstrate that it has the financial ability or backing, where applicable, for the construction of facilities that may be required for the proposed concept of operation. In addition, the Operator will provide proof of current financial net worth showing that applicant holds unencumbered liquid assets in a total amount at least equaling three (3) months estimated maintenance and operating expenses. 4. All Operators shall demonstrate to the Owner I s satisfaction evidence of its ability to acquire insurance coverage as stipulated for each particular type of operation. The following shall be established as minimum coverage: Minimum Limits When Needed · Worker's Compensation and Employer Liability statutory Statutory · Aircraft Liability $500,000 each occurrence Owned or leased $100,000 each passenger aircraft · Non-owned Aircraft Liability $500,000 each occurrence Flying non-owned $100,000 each passenger aircraft · Airport Premises Liability $500,000 Airport premises are owned or leased by tenant 4 e e · Products & Completed Ops. $500,000 Aircraft repair or service, fuel & oil sale, air- craft sales, av- ionics repair, aircraft parts sales, manufact- uring · Contractual Liability $500,000 Hold harmless & indemnification agreement incl- uded in a lease · Hangar Keepers Liability (Risk Analysis) Non-owned air- craft in care, custody or con- trol of tenant while on ground · Property Insurance for Leased Premises (Replacement value of lease hold premises) Covers physical damage to prem- ises leased from the Airport. · Builders Risk $500,000 Construction projects · Automobile Liability statutory minimum OWned/non-owned licensed vehicle driven on air- port premises · Chemical Liability statutory Aerial applicat- ors and fire bombers Operator shall furnish, annually, a completed Insurance Certificate(s) to the Owner, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverage limits and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated therein. The Owner reserves the right to review the insurance requirements of this section during the effective period of operations and to adjust insurance coverages and their limits when deemed necessary and prudent by the Risk Manager for the Owner based upon changes in statutory law court decisions or the claims history of the industry as well as the Operator. 5 e e The Owner shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter on any of such policies). Upon such request by the Owner, the Operator shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Operator agrees that with respect to the above required insurance, all insurance contracts and certificates of insurance will contain the following provision: (a) Provide for ten (10) days' notice of cancellation to the Owner for non-paYment of premium, material change, or any other cause. (b) Provide for notice to the Owner at the address shown below by registered mail. (c) Provide that all provisions of the lease concerning liability, duty, and standard of care, together with the indemnification/defense provision below, shall be underwritten by contractual coverage sufficient to include such obligations within applicable policies. (d) Operator shall notify the Owner in the event of any material change in coverage and shall give such notices not less than ten (10) days prior to the change, which notice must be accompanied by a replacement certificate of insurance. All notices shall be given to the Owner at the following address: City of La Porte Attention Airport Manager P.O. Box 1115 La Porte, Texas 77572-1115 (f) Permittee agrees to fully indemnify, save and hold harmless the Owner against any and all claims, losses, costs and expenses, including costs or expenses incidental to the investigation and defense of same, based upon or arising out of damage or injuries to any and all persons or their property resulting from the use or occupancy of the property by Operator, or from the acts of omissions of Operator, provided, however, that this provision shall not create any right to indemnification for any injury, claim or loss occasioned by the sole negligence of the Owner. 6 e e (g) It is further provided that the Owner shall give to permi ttee prompt and reasonable notice of any such claims or actions and Operator shall have the right to investigate, compromise, and defend same to the extent of its own interest. This provision shall not create any cause of action in favor of any third party against the Owner or Operator nor shall it enlarge in any way the liability of the Owner or Operator, this provision being intended solely to provide for indemnification of the Owner from liability for damage to third persons or property as set forth in this paragraph. The above is representative of coverages commonly needed, however, Operator should consider having a thorough risk analysis conducted by a competent insurance professional to guarantee proper coverage. 5. Each lease for ground space and contract for business at the airport entered into by the Owner shall include each of the following provision as are required by state and Federal governments: a) Fair and Nondiscriminatory provisions b) Affirmative Action Assurances c) civil Rights Assurances d) Nonexclusive Rights provision e) Other Mandated provisions SECTION 3. Lease policies It is the POlicy of the city of La Porte to make the Airport available for public use on fair and reasonable terms and without unjust discrimination, to all types, kinds and classes of aeronautical uses. All leases granted at the Airport must comply wi th leasing policies established by the Owner. The following policies are in addition to the minimum requirements as outlined in section 2 of this document. 1. All site development at the Airport must meet or exceed City of La Porte zoning, building and environmental regulations. 2. An existing Operator providing a single service who wishes to engage in additional services must meet the minimum standards as outlined in section 14. 3. Fees for leasing activity are established by the City Council of the ci ty of La Porte. Airport revenues are dedicated to the continued operation and development of Airport facilities. 7 e e 4. Lease preparation fees shall be paid in advance by the prospective lessee. Fees are not refundable. New lease with survey $1,000.00 Renewal of existing lease (no survey) $ 500.00 section 4. Lease Rates and Charqes STATEMENT OF CONCEPT Lease rates and charges at the Airport are established to ensure that each operator shall be sUbject to the same rates, fees, rentals and other charges as are uniformly applicable to all other operators making the same or similar uses of the airport, utilizing the same or similar facili ties. The rate per square foot is subject to an annual adjustment based on the Consumer Price Index for All Urban Consumers (1982-84 = 100), published by the Bureau of Labor Statistics of the united Stated Department of Labor. The following rates were in effect July 1, 1995, based on an index of 152.5: DESCRIPTION RATE/SQ. FT. 1. Undeveloped Property - One (1) or more acre(s) ~.~ 2. Designated Use Area for T-hangers $0.14 3. Paved Tie-downs (minimum 25) $144/yr/tie-down SECTION 5. Aircraft Sales STATEMENT OF CONCEPT An aircraft sales Operator engages in the sale of new aircraft through franchises or licensed dealership (if required by local, county or state authority) or distributorship (either on a retail or wholesale basis) of an aircraft manufacturer or used aircraft; and provides arrangements for such repair, services, and parts as necessary to meet any guarantee or warranty on aircraft sold. MINIMUM STANDARDS 1. The Operator shall lease from the Owner an area of not less than one (1) acre of ground space to provide for outside display and storage of aircraft and on which shall be erected a building to provide or is an existing building that provides at least 6,000 square feet of floor space for aircraft storage, office, customer lounge and rest rooms, paved auto parking and paved aircraft access to the Airport's taxiway system. 8 e e 2. The Operator shall provide necessary and satisfactory arrangements for repair and servicing of aircraft, but only for the duration of any sales guarantee or warranty period. 3. Insurance is required as listed in section 2. 4. The Operator shall have his premises open and services available eight hours daily, five days a week. The Operator shall make provision for someone to be in attendance in the office at all times during the required operating hours. 5. The Operator shall have in his employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards set forth in an efficient manner. The Operator shall also make available a responsible person in charge to supervise the operations in the leased area with the authorization to represent and act for and on behalf of the Operator. SECTION 6. Aircraft Airframe. Enqine and Accessorv Maintenance and Repair STATEMENT OF CONCEPT An aircraft airframe, engine and accessory maintenance and repair Operator provides one or a combination of airframe, engine and accessory overhauls and repair services on aircraft up to and may include business jet aircraft and helicopters. This category shall also include the sale of aircraft parts and accessories, but such is not an exclusive right. MINIMUM STANDARDS 1. The Operator shall lease from the Owner an area of not less than one (1) acre of ground space on which shall be erected a building to provide or is an existing building that provides at least 6,000 square feet of floor space for airframe, engine and accessory repair services, all meeting with local and state industrial code requirements, office, customer lounge and rest rooms, and shall provide public telephone facilities for customer use, paved auto parking and paved aircraft access to the Airport's taxiway system. 2. The Operator shall provide sufficient equipment, supplies, and availability of parts to maintain the type of aircraft that the Operator proposes to service. 3. Insurance is required as listed in section 2. 4. The Operator shall have his business open and services available eight hours a day, five days each week. The Operator shall make provision for someone to be in attendance 9 e e in the office at all times during the required operating hours. 5. The Operator shall have in his employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards set forth in this category of services in an efficient manner, but never less than one person currently certificated by the FAA with ratings appropriate to the work being performed and who holds an airframe, power plant or an aircraft inspection authorization, and one other person not necessarily rated. SECTION 7. Aircraft Lease and Rental STATEMENT OF CONCEPT An aircraft lease or rental Operator engages in the rental or lease of aircraft to the public. MINIMUM STANDARDS 1. The Operator shall lease from the Owner an area of not less than one (1) acre of ground space and on which shall be erected a building to provide or is an existing building that provides at least 6,000 square feet of floor space for aircraft storage, office, classroom, briefing room, pilot lounge and rest rooms, and shall provide public telephone facili ties for customer use, paved auto parking and paved aircraft access to the Airport's taxiway system. 2. The Operator shall have available for rental, either owned or under written lease to Operator, not less than two certified and currently airworthy aircraft. 3. Insurance is required as listed in section 2. 4. The Operator shall have his premises open and services available eight hours daily, five days a week. The Operator shall make provision for someone to be in attendance in the office at all times during the required operating hours. 5. The Operator shall have in his employ and on duty during the appropriate business hours, a minimum of one person having a current FAA commercial pilot certificate with appropriate ratings, including a flight instructor certificate. SECTION 8. Fliqht Training STATEMENT OF CONCEPT A flight training Operator engages in instructing pilots in dual and solo flight training, in fixed and/or rotary wing aircraft, and 10 e e provides such related ground school instruction as is necessary preparatory to taking a written examination and flight check ride for the category or categories of pilots' certificates and ratings involved. MINIMUM STANDARDS 1. The Operator shall lease from the Owner an area of not less than one (1) acre of ground space and on which shall be erected a building to provide or is an existing building that provides at least 6,000 square feet of floor space for aircraft storage, office, classroom, briefing room, pilot lounge and rest rooms, and shall provide public telephone facili ties for customer use, paved auto parking and paved aircraft access to the Airport's taxiway system. 2. The Operator shall have available for use in flight training, either owned or under written lease to Operator, not less than two properly certificated aircraft. 3. Insurance is required as listed in section 2. 4. The Operator shall have his premises open and services available eight hours daily, five days a week. The Operator shall make provision for someone to be in attendance in the office at all times during the required operating hours. 5. The Operator shall have on a full-time basis at least one flight instructor who has been properly certificated by the FAA to provide the type of training offered. SECTION 9. Aircraft Fuels and oil Service STATEMENT OF CONCEPT The sale of aircraft fuels and oil service will be conducted by an operator providing at least one (1) additional aeronautical service, as described in this these Standards, at the Airport, with applicable minimum standards, excluding section 12 B(2) and C(l). A fuel vendor may operate as full-service, self-service, including automated fuels systems or a combination. 1. An Operator shall construct and maintain his facilities and shall conduct fueling operations in compliance with all applicable city, state, and federal laws and regulations, whether presently in effect or enacted hereafter. Operator shall also comply with all standards of the National Fire Protection Association and the American Petroleum Institute including, but not limited to, those standards set out in the National Fire Protection Association's Pamphlet No. 407, "Aircraft Fueling and Servicing," and the American Petroleum 11 e e Institute's Bulletin No. 1542, "Airport Equipment Marking for Fueling Identification." 2. Insurance is required as listed in section 2. 3. Fueling Facilities and Equipment (a) A fuel vendor shall provide transient aircraft with a parking area having access to the airport runway/taxiway systems. (b) The fuel vendor shall provide Avgas (jet fuel optional) seven days a week, eight hours per day. Full- service fuel vendors must provide trained and competent employees. (c) The full-service fuel vendor shall provide a customer reception area and services conducive to general aviation transient aircraft. (d) A fuel storage tank for each type of fuel stored shall be installed by the Operator in a location approved by the Owner. (e) Notwithstanding the preceding paragraph, an Operator shall be allowed to use either fixed, above ground dispensing equipment or mobile dispensing trucks. (f) For each type of fuel dispensed, Operator shall have separate, filter-equipped dispensing pumps and meters. (g) If a Operator uses mobile dispensing trucks, the vendor shall have at least one truck for each type of fuel used. (h) The Operator shall obtain the written approval of the Owner prior to construction or installation of any improvement on Operator's leased premises. (i) The Operator shall maintain all fueling facilities in a safe and clean condition, equal in appearance and character to other similar airport improvements. 4. Operator shall maintain accurate records of all fuel delivered and dispensed and shall allow the Owner to inspect its records at any time. SECTION 10. Radio. Instrument. or Propeller Repair Station STATEMENT OF CONCEPT 12 e e A radio, instrument, or propeller repair station Operator engages in the business of and providing a shop for the repair of aircraft radios, propellers instruments, or accessories for general aviation aircraft. This category may include the sale of new or used aircraft radios, propellers, instruments, or accessories. The Operator shall hold the appropriate repair shop certificates issued by the FAA. MINIMUM STANDARDS 1. The Operator shall lease from the Owner an area of not less than one (1) acre of ground space on which a building shall be erected to provide or is an existing building that provides at least 6,000 square feet of floor space for aircraft storage, to house all equipment, and to provide an office, shop, customer lounge and rest rooms, and shall provide public telephone facilities for customer use, paved auto parking and paved aircraft access to the Airport's taxiway system. 2. Insurance is required as listed in Section 2. 3. The Operator shall have his premises open and services available eight hours daily, five days each week. 4. The Operator shall have in his employ and on duty during the appropriate business hours trained personnel in such numbers as are required to meet the minimum standards set forth in this category in an efficient manner but never less than one person who is an FAA rated radio, instrument or propeller repairman. SECTION 11. Aircraft Charter and Air Taxi STATEMENT OF CONCEPT An aircraft charter and an air taxi Operator engages in the business of providing air transportation (persons or property) to the general public for hire, either on a charter basis or as an air taxi operator, as defined by the Federal Aviation Regulations under Part 121 and/or Part 135. MINIMUM STANDARDS 1. The Operator shall lease from the Owner an area of not less than one (1) acre of ground space on which shall be erected a building to provide or is an existing building that provides at least 6,000 square feet of floor space for aircraft storage, office, customer lounge and rest rooms, which shall be properly heated and lighted; and shall provide public telephone facilities for customer use, paved auto parking and paved aircraft access to the Airport's taxiway system. 13 e e 2. The Operator shall provide, either owned or under written lease type, class, size and number of aircraft intended to be used by Operator, not less than one aircraft which must meet the requirements of the air taxi commercial operator certificate held by the Operator. 3. Insurance is required as listed in section 2. 4. The Operator shall have his premises open and services available eight hours daily, five days each week. The Operator shall provide on-call service during hours other than the aforementioned. The Operator shall make provisions for someone to be in attendance in the office at all times during the required operating hours. 5. The Operator shall have in his employ and on duty during the appropriate business hours trained personnel in such numbers as are required to meet the minimum standards set forth in this category in an efficient manner but never less than one person who is an FAA certified commercial pilot and otherwise appropriately rated to conduct the flight activity offered by Operator. SECTION 12. Aircraft Storaqe STATEMENT OF CONCEPT An aircraft storage Operator engages in the rental of conventional hangars, multiple T-hangars, and/or paved tie-downs. A. MINIMUM STANDARDS - Conventional Hangar 1. The Operator shall lease from the Owner an area of not less than one (1) acre of ground space on which shall be erected a building to provide or is an existing building that provides at least 6,000 square feet of floor space for aircraft storage, office, customer lounge and rest rooms, and shall provide public telephone facilities for customer use, paved auto parking and paved aircraft access to the Airport's taxiway system. 2. Insurance is required as listed in Section 2. 3. The conventional hangar Operator shall have his facilities available for the tenant's aircraft removal and storage seven days a week, eight hours a day. 4. The Operator shall demonstrate that it can provide sufficient personnel trained to meet all requirements for the storage of aircraft with appropriate equipment. 14 e e B. MINIMUM STANDARDS - Multiple T-Hangars 1. The operator shall lease from the Owner at least one (1) acre of ground space on which shall be erected at least one ten-unit T-Hangar, together with paved auto parking, paved aircraft access to the Airport's taxiway system and provide a restroom and electricity for customer use. 2. Alternative leasing is available at the Designated Use Area for the construction of T-hangars, which is complete with paved auto parking, paved aircraft access to the Airport's taxiway system and city utilities. Minimum standards are the same as B(l) above. 3. Insurance is required as listed in section 2. 4. The T-Hangar Operator shall have his facilities available for the tenant's aircraft removal and storage twenty four hours per day, seven days a week. C. MINIMUM STANDARDS - Open-air Storage 1. The Operator shall lease from the Owner at least one (1) acre and construct at least ten paved tie-downs, together with paved auto parking and paved aircraft access to the Airport's taxiway system. 2. Alternate leasing is available at the Airport's paved tie- down area, which is complete with paved auto parking and paved aircraft access to the Airport's taxiway system. Operators desiring to lease the Airport's paved tie-downs must meet the following minimum standards. a. Operator must lease at least twenty five tie-downs from the Owner. b. Operator must meet all minimum standards established in section 12(A) above. 3. Insurance is required as listed in section 2. 4. The Open-air Storage Operator shall have his facilities available for the tenant's aircraft removal and storage twenty four hours per day, seven days a week. SECTION 13. Specialized Commercial Flyinq Services STATEMENT OF CONCEPT A specialized commercial flying services Operator engages in air transportation for hire for the purpose of providing the use of 15 e e aircraft for the activities listed below: a) Non-stop sightseeing flights that begin and end at the same airport b) Crop dusting, seeding, spraying, and bird chasing c) Banner towing and aerial advertising d) Aerial photography or survey e) Power line or pipe line patrol f) Fire fighting g) Any other operations specifically excluded from Part 135 of Federal Aviation Regulations MINIMUM STANDARDS 1. The Operator shall lease from the Owner an area of not less than one (1) acre of ground space on which shall be erected a building to provide or is an existing building that provides at least 6,000 square feet of floor space for aircraft storage, office, customer lounge and rest rooms, and shall provide public telephone facilities for customer use, paved auto parking and paved aircraft access to the Airport's taxiway system. In the case of crop dusting or aerial application, the Operator shall make suitable arrangements and have such space available in his leased area for safe loading and unloading and storage and containment of chemical materials. All Operators shall demonstrate that they have the availability of aircraft suitably equipped for the particular type of operation they intend to perform. 2. The Owner shall set the minimum insurance requirements as they pertain to the particular type of operation to be performed. These minimum requirements shall be applicable to all operation of a similar nature. All Operators will, however, be required to maintain the Aircraft Liability Coverage as set forth in section 2. 3. The Operator shall have in his employ, and on duty during appropriate business hours, trained personnel in such numbers as may be required to meet the minimum standards herein set forth in an efficient manner. SECTION 14. Fixed Base Operator (FBO) STATEMENT OF CONCEPT 16 e e A Fixed Base Operator (FBO) engages in any two or more of the aeronautical services for which minimum standards have been herein provided. MINIMUM STANDARDS 1. The Operator shall lease from the Owner an area of not less than two (2) acres of ground space on which shall be erected a building(s) to provide or is an existing building(s) that provides at least 10,000 square feet of floor space for aircraft storage, shop and equipment, office, customer lounge and rest rooms, and shall provide public telephone facilities for customer use, paved auto parking and paved aircraft access to the Airport's taxiway system. 2. The Operator shall comply with the aircraft requirements, including the equipment thereon for each aeronautical service to be performed except that multiple uses can be made of all aircraft owned or under lease by Operator except aircraft used for crop dusting, aerial application, or other commercial use of chemicals. 3. The Operator shall provide the facilities, equipment and services required to meet the minimum standards as herein provided for each aeronautical service the Operator is performing. 4. The Operator shall obtain, as a minimum, that insurance coverage which is equal to individual insurance requirement of all the aeronautical services being performed by Operator, as set forth in section 2. 5. The Operator shall adhere to the hours of operation required for each aeronautical service being performed. 6. The Operator shall have in his employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards for each aeronautical service the Operator is performing as herein provided. Multiple responsibilities may be assigned to meet the personnel requirements for each aeronautical service being performed by the Operator. SECTION 15. Flyinq Clubs STATEMENT OF CONCEPT The club must be a non-profit corporation or partnership. Each member must be a bona fide owner of the aircraft or stock holder of the corporation. 17 e e MINIMUM STANDARDS 1. The club may not derive greater revenue from the use of its aircraft than the amount necessary for the actual cost of operation, maintenance and replacement of its aircraft and any facilities. The club will keep current a complete list of the club's membership and a record of club finances and will make such available to the Owner upon request. 2. The club's aircraft will not be used by other than bona fide members and by no one for hire, charter, or air taxi. Student instruction may be given in the club aircraft by one club member to another club member, providing no compensation takes place. Otherwise, it must be given by an Operator with a current agreement with the Owner, as set forth in section 8. 3. In the event the club fails to comply with these conditions, the Owner will notify the club in writing of such violations. The club shall have fourteen days to correct such violations. If the club fails to correct the violations, the Owner may demand the club's removal from the Airport. 4. The flying club must agree and provide as a minimum insurance in the following categories to the same level as required for all Operators, as set forth in Section 2: a) Aircraft Liability b) Comprehensive Public Liability and Comprehensive Property Damage, including Vehicular 5. Aircraft maintenance performed by the Club shall be limited to only that maintenance that does not require an FAA certificated mechanic. All other maintenance must be provided by an operator based on the airport who provides such service, or by an FAA certified mechanic who shall not receive remuneration in any manner for such service. 6. If the club desires to operate its own storage facility, it must comply with all requirements as set forth in section 7. SECTION 16. Operators Subleasinq from Another Commercial Operator 1. Prior to finalizing an agreement, the lessee and sublessee shall obtain written approval of the Owner for the business proposed. Said sublease shall define the type of business and service to be offered by the sublessee Operator. 2. The sublessee Operator shall meet all of the minimum standards established by the Owner for the categories of services to be furnished by the Operator. The minimum standards may be met in combination between lessee and 18 e e sublessee. The sublease agreement shall specifically define those services to be provided by the lessee to the sublessee that shall be used to meet the standards. section 17. Other Aviation-Related Operator 1. Any operator wishing to conduct an aviation-related activity not covered by these Standards will submit a detailed request, in writing, describing the activity to be conducted, the proposed lease area, and any improvements to be made to the property. 2. The Owner will examine the request and determine the appropriate standards for that activity, following as closely as possible standards for the acti vi ty that most closely matches the proposed activity. 3. The Owner reserves the right to determine the appropriateness of the activity, applicable standards to be applied, and minimum lease area and required improvements. 4. Nothing in this standard requires the Owner to approve of the proposed activity, and Owner reserves the right to deny the application. SECTION 18. Environmental Any Operator, person, party, firm or corporation operating on the Airport must comply with all federal, state and local environmental regulations, including the Environmental Protection Agency, Texas Natural Resource Conservation commission and the City. 19 e e e REQUEST FOR CITY COUNCI~ENDA ITEM Agenda Date Requested: October 23. 1995 Requested By: Guv Rankin ~ Department: Planning Report Resolution x Ordinance Exhibits: 1. Ordinance 2. Bidder's Ust 3. Bid Tabulation 4. Location Map 5. Recommendation Memo from City Engineer SUMMARY & RECOMMENDATION On October 12, 1995, City staff received nine (9) competitive sealed bids for construction of a 12" diameter water line extension along Fairmont Parkway (see Bid Tab). The proposed water line is to serve a proposed 250 lot residential subdivision (Pecan Crossing) as well as provide planned improvements set forth in the City's Comprehensive Plan. If approved, the City will be participating with David Angel, record Owner of the proposed subdivision, in the difference in cost of installation of an 8" line versus a 12" line per the Utility Extension Agreement previously considered by Council (Item 11) on this Agenda. The award of the construction contact shall be contingent upon the Owner depositing with the City in escrow, the sum equal to the lowest responsible bid as stated in the Utility Extension Agreement. The lowest responsible bid was received from Vicon Services, Inc., in the amount of $50,245.20 for the 12" line and $34,128.60 for the 8" line, making the City's participation $16,116.60. Staff has received a Qualifications Statement from Vicon Services, Inc. and has thoroughly evaluated their background, references, and qualifications. Staff recommends awarding the contract to Vicon Services, Inc., based on this evaluation. Please note construction of the offsite improvements does not imply that Preliminary or Final Plat approval has been granted for the proposed subdivision. The FY 95-96 Budget provided (Utility Capital Improvement Fund 003) $150,000 for the extension and oversizing of utilities. Action Required by Council: Consider approving an ordinance authorizing the City Manager to execute a contract with Vicon Services, Inc. in the amount of $50,245.20, contingent upon David Angel depositing with the City, in escrow, the sum of $34,128.60. In addition, authorizing $16,116.60 from Account 003-725-660-100 to fund the City's participation in oversizing. Availability of Funds: General Fund -1L Capital Improvement Other VVaterjVVastewater General Revenue Sharing Account Number: 003-725-600-100 Funds Available: X YES NO Approved for City Council Agenda QM -C ~ Robert T. Herrera City Manager 10 -\q-<\S DATE e e ORDINANCE NO. 95-2075 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND VICON SERVICES, INC., FOR CONSTRUCTION OF A 12" DIAMETER WATER LINE EXTENSION ALONG FAIRMONT PARKWAY; APPROPRIATING THE AMOUNT OF $50,245.20 TO FUND SAID CONTRACT, WHICH INCLUDES $16,116.60 FOR OVERSIZING, CONTINGENT UPON DAVID ANGEL DEPOSITING WITH THE CITY OF LA PORTE, IN ESCROW, THE SUM OF $34,128.60; 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. The city Council appropriates the amount of $50,254.20 from Capital Improvement Fund No. 003 to fund said contract, which includes $16,116.60 for oversizing; contingent upon David Angel depositing with the City of La Porte, in escrow, the sum of $34,128.60. 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 e e ORDINANCE NO. 95-2075 PAGE 2 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 23rd day of October, 1995. CITY OF LA PORTE By: 1h1~t4 ~ Norma L'. 'Ma 0 " Mayor ATTEST: S-e- f_--- Sue Lenes, City Secretary APPROVED: f2:;;;vJ Knox W. ASkins, City Attorney CITY OF LA PORTE 12" Diameter Water Line Extension Along Fairmont Parkway (OtTsite for Pecan Crossing Subdivision) CLP PROJECf NO. 94-6103 e e Advertisine The Bayshore Sun Faxed Bid Notice to: Chamber of Commerce Follis Construction 111 N. Broadway La Porte, TX n571 P.M. Construction n04 E. Erath Houston, TX n012 Moore & Moore General Contractors PO Box 1517 La Porte, TX n572-1517 Kinsel Construction 401 E. Witcher Houston, TX 77076 FORCE Corporation PO Box 1079 La Porte, TX 77572-1079 H2O Services, Inc. 22557 Aldine Westfield, Ste. 102 Spring, TX m73 Furlow Services PO Box 853 La Porte, TX n572-0853 Johnny Wehba P.O. Box 12733 Houston, TX. n217-2733 Pas-Key Construction Services, Inc. 2U9 Preston Pasadena, TX n502 D.E.!. Construction P.O. Box 16 South Houston, TX. n587 RL Utilities PO Box 1154 La Porte, TX n572 HTH Construction 1310 Sycamore Humble, TX. n339 Angel Brothers, Inc. PO Box 570 Baytown, TX n522 Plans and Soecifications Delivered to the FolIowine Plan Review Rooms: Dodge Reports 3131 Eastside, Suite 300 Houston, TX n098 Construction Directory Plan Room 5711 Hillcroft Houston, TX n036 Associated General Contractors 5050 Westheimer, Suite 100 Houston, TX n056 Associated General Contractors 2404 Crawford Houston, TX nOO4 CITY OF LA PORTE 12" Diameter Water Line Extension Along Fainnont Parkway (OfTsite for Pecan Crossing Subdivision) CLP PROJECf NO. 94-6103 e e CONTRACfORS THAT PICKED UP PlANS AND SPECIFICATIONS Wehba Backhoe PO Box 12733 Houston, TX 77217 Bill McDonald Construction PO Box 189 Deer Park, TX 77536 MEB Engineering, Inc. 8146 Braniff Houston, TX 77061 Furlow Services, Inc. PO Box 853 La Porte, TX 77572-0853 R WL Construction, Inc. PO Box 300 Barker, TX 774113-0300 Abyss Construction 2123 FM 1960 W. #232 Houston, TX 77090 Angel Brothers Enterprises PO Box 570 Baytown, TX 77520 Robert Gonzalez Pate & Pate Enterprises 1423 Brazos, Ste. "D" Huntsville, TX 77340 Horseshoe Construction 2318 Center Deer Park, TX 77536 D.E. Williams PO Box 70 Fresno, TX 77545 Vicon Services, Inc. PO Box 1227 Katy, TX 77492-1227 "Bid not signed CONTRACTOR S% BID BOND CALENDAR DAYS PAINCPAL BID ALT. #1 BID COST DIFFERENCE ATTACHED TOTAL r VS 12" Vicon Services, Inc. Yes 30 50,245.20 34,128.60 16,116.60 Angel Brothers Enterprises, Inc. Yes 30 54,421.00 36,804.00 17,617.00 Johnny Wehba Backhoe Service Yes 30 56,981.80 40,016.20 16,965.60 MEB Engineering, Inc. Yes 45 67,521.00 56,765.00 10,756.00 Pate & Pate Enterprises, Inc. Yes 30 69,035.70 53,539.00 15,496.70 Abyss Construction, Inc. Yes 45 69,995.00 60,397.00 9,598.00 Bill McDonald Construction, Inc. .. Yes 45 70,318.00 39,421.00 30,897.00 RWL Construction, Inc. Yes 30 74,546.00 57,300.00 17 ,246.00 Horseshoe Construction, Inc. Yes ? 96,049.00 82,059.00 13,990.00 I CITY OF LA PORTE 12' DIAMETER WATER UNE EXTENSION ALONG FAlRMONT PARKWAY (OFFSITE FOR PECAN CROSSING SUBDIVISION) CLP PROJECT NO. 94-6103 BID TABULATION OCTOBER 12, 1995 I ~ ~ ~ l~ !oJ t- O< o D- o( ..J ... o ,. t- O 358- <f j ,. t- O W '" 0( ..J '" 0( !oJ J U <f j ,. t- O W '" 0( J '" 0( W ..J U -482 JONES 'W POINT "[j' TO "C' ELIGIBLE FOR REIMBURSEMENT - "'. .....- It'U)tS At: I ~ . i=l o o ~ Q( W i=l Z ::J EXHIBIT .A. i=l <i: Cl Q( r1S~CJ CLEAR LAK F AIR MONT lot ~ " u ..; ~ '" lot "n 33 SHELL ROCK ROAD . . . . .. I 3E. , ROCKY HDlUN RDAD TIJJ I" . 4GO' 13C L -- ......nllC 637.i9Ct! ~.....................~.......... 577.36<C PARK'w'AY POINT "A" TO "B" FRONT FOOT FEES COLLECTED .. '" - ,...-;!-- ~ sou~ H STREET - -...- -a.; - ,,, ". ... ~. ~ i=l <i: 0 .. Q( ... IB .. ; d '" ~ lot lot Q( W l:l Z ::J e e ....................... ...................... ......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................. ......................................... ............ ..... ........................' .. ............................ ................................. ..... ..... .. .......................... ................................ .................. ............. ........................ ........ ................................. .................. ........................................................................... ................................ .................. ........................................................................... ................................. .. .... ........................................................................... . .................. :::..:.-:-:-i--::::::::,;,:'::.::::::::::::::::::':::-;{{{,((:?::::::::::::::ii '~!.:~y;-:-mE-l1tIlml~:::_:--: - ........:.:....:::_-:::--: ....... .... ...... .---.- .... .::..::.:..:.:..:: ---WIINIl8R'Ii)EmG)EWMENlClRIlIDEM)wmr' -.-- 111!i!!II'!!r!LG..,.;;,~\;iii:1~i";~~~~~~h~~:::="".,"'~"!:"""';; TO: Guy Rankin, Director of Planning FROM: Fred Thompson, P.E., City Engineer 11 SUBJECf: City of La Porte 12" Diameter Water line Extension Along Fairmont Parkway (Offsite for Pecan Crossing Subdivision) CLP# 94-6103 It is my recommendation that the contract for the above referenced water line extension be awarded to; Vicon Services, Inc. P.O. Box 1227 Katy, Texas 77492-1227 (713) 391-8601 Bids were opened for this project October 12, 1995, and Vicon Services, Inc. was the low bidder with the following base and alternate bid: Base Bid Alternate Bid $50,245.20 $34,128.60 I'll - DATE ~Ll RECEIVED FROM PAYMENT FOR DESCRIPTION -=-.- ---- GL CODE -~-_.~.- e CITY OF LA PORTE NO. 36881 I P.o. BOX 1115 · LA PORTE, TEXAS 77572-1115 · 713/471-5020 0 0 o I CHECK I MONEY ORDER NO. MONEY CASHIERS tJ() tJ :;L- CASH CHECK ORDER CHECK - -- ~ I ::0 - - ~ V\..-J - - ~ - - ,- #' tyh- ~~ ~ . .. - - CASHIER CUSTOMER ~ - , .) ~ e , ) .j~---- ----- -e ~ ~~ I:~ III~ moz vi . ~ tn '" ill 5 I: <:::1- o ~'O ... ~ ~~ ... 8.1I:l . II "'c: '" Co '" 0- Z 'i3 '.0 ~ 113 .. 0 OZ:r: LEGNA LAND DEVELOPMENT CO P. O. BOX 570 BAYTOWN. TEXAS 77522 Pay to the order of City of LaPorte "11"""'''1' "II "II" I I II III I .11 I 'II .lltl:...!J ,1111 '.:1' II II , I,,. I nus elleo, l~. DI'LIVrnrlJ IN CONNFC'ION WIIII-IIIE IOI.tOWIN(, A( ;(;IJlIN .. kcan_crOSSing Sllbditisiot _ Waterline nExtension I __ ...p___._. _________.__H._ _________.___. I: L L :\0000 2 :\1: I- 2 b b r.. a II 0 L 0002 35-211130 Nov___13..___w25__ j $34.128.60 Do\ e . . REQUEST FOR CITY COUNC.ENDA ITEM Agenda Date Requested: October 23. 1995 Requested By: Guv Rankin ~ Department: Plannina X Report Resolution x Ordinance Exhibits: 1. Ordinance 2. Utility Extension Agreement SUMMARY & RECOMMENDATION Staff has been working with the Developer of Pecan Crossing SubdMsion (David Angel, record Owner) on an offsite water line to serve the proposed subdivision. Extension of an 8" line would facilitate the proposed 250 lot subdivision. However, to service future demand a 12" line is recommended along Fairmont Parkway, in accordance with the City's Comprehensive Plan. Pursuant to Section 8.00 of the City's Development Ordinance No. 1444, the City's participation is the incremental cost difference for installation of an 8" line versus a 12" line. The award of a construction contract shall be contingent upon the Owner depositing with the City in escrow, the sum equal to the lowest responsible bid as stated in the Utility Extension Agreement. The City's participation shall be the difference in the cost of labor and materials for installation of a 12" line versus an 8" line per the approved plans and specifications. The cost difference will be determined from competitive bids received by the City on both 12" and 8" water lines and subject to review and approval by the City. In addition to serving the proposed subdivision, the line will facilitate a proposed church in the near future, as well as promote further development along the north side of Fairmont Parkway from Underwood approximately 2,500 LF westerly. The FY 95-96 Budget provided (Utility Capital Improvement Fund 003) $150,000 for the extension and oversizing of utilities. Action Required by Council: Authorize the City Manager to execute a Utility Extension Agreement providing for City participation of a 12" Diameter Water Une Along Fairmont Parkway (offsite for Pecan Crossing Subdivision) CLP#94-6103, per Section 8.00 of the City's Development Ordinance #1444. Availability of FundS: General Fund -1L Capital Improvement Other Water /Wastewater General Revenue Sharing Account Number: Funds Available: _YES _NO Approved for City Council Agenda R~rt~rreJ' ~ City Manager lO-\Io-QS DATE e e ORDINANCE NO. 95- 2U76 AN ORDINANCE APPROVING AND AUTHORIZING A UTILITY EXTENSION AGREEMENT BETWEEN THE CITY OF LA PORTE AND DAVID ANGEL, FOR PARTICIPATION IN CONSTRUCTION OF A 12" WATER LINE EXTENSION; 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 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. 95-2076 PAGE 2 PASSED AND APPROVED, this 23rd day of October, 1995. CITY OF LA PORTE By: ATTEST: ~_.. :f^,~ Sue Lenes, City Secretary APPROVED: /~. v2 7;d~. fnox W. skins, City Attorney ~LI1Y EXTENSION AGREEME' THE STATE OF TEXAS: COUN'IY OF HARRIS: This agreement, made this 24th day of OCTOBER . 19 95 . by and between the City of La Porte, herein called "City", acting herein through its City ManalZer (Title of Authorized Official) and David AnlZel. record owner {Strike out inapplicable terms} (a serperaneB), (a llartBer&IH,l), (aB iRQiviaual aeiBg hU&iBefil> as ) of Bavtown . County of Harris . and State of Texas . hereinafter called "Owner". WITNESSETH (1) All references to "Utility Main(s)" hereunder shall, for the purposes of this agreement, refer to A 12" diameter potable water line and appurtenances parallel to the north rilZht-of-way line of Fairmont Parkway extendinlZ from the west side of Underwood Road westerly approximately 2500 ft LF per plans and specifications preDared by Municipal EnlrineerinlZ Company. Inc.. Proiect No. 1993-133. (2) Owner is the owner of certain property in the City of La Porte, Harris County, Texas, identified as; ..A. 66.95 acre tract beinlZ part of Outlots 694. 696. 714 and 695. 704. 705 and 715 of La Porte Outlots recorded in Volume 83. PalZe 344 of the HCDR and located in the Wm. Jones Survey. A-482.. Harris County. Texas. Owners intent is to construct a 250 lot sin21e family residential subdivision known as Pecan Crossin!!: Per the Approved General Plan dated February. 1994. City's utility mains do not presently extend to said property. Owner has requested City to extend utility mains to Owner's said property. (3) City hereby agrees to construct and install 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 and/or easements to complete said extension(s), Owner shall be solely responsible for obtaining said additional rights-of- e e easements at no cost to City. (4) Owner agrees to pay all costs related to the construction and installation of said line(s) including necessary appurtenances in conformance with City's standards and specifications for said line(s). Owner further agrees to pay all engineering fees for survey, design, contract documents, bidding, construction staking, construction inspection, and preparation of As Built drawings. Any credit funding or other participation by the City shall be described below; Difference in cost of labor and materials for installation of a 12" inch line verses a 8" inch line per the approved plans and specifications. Cost difference will be determined from competitive bids received bv City on both 8" inch and 12" water lines and subiect to review and approval bv Citv. If the cost difference is determined to be inequitable or exceed available funds. Owner shall nel!otiate the City's participation prior to award of the contract. (5) Subject to the provisions of this agreement, City hereby agrees to the construction and installation of said installation of utility main(s) according to the plans and specifications to be prepared by the Owner's engineer and approved by the City. Upon completion and approval of plans and specifications City will place the project for bid, when bids are received they shall be tabulated by the City and a copy of said tabulation shall be provided to City and Owner. Thereafter, Owner shall deposit with City in escrow a sum equal to the amount bid by the lowest responsible chosen bidder, for construction of an 8" inch water main, plus a sum equal to the estimated construction staking and inspection fees if applicable. When said deposit has been made by Owner, City shall authorize construction of said extension(s). It is agreed and understood that the deposited escrow amount made by Owner does not relieve Owner from paying for any unforeseen costs/or cost overruns in the project that result from circumstances beyond the control of the City. (6) City agrees to accept the value of the extension(s) that abut said Owner's property as a pro rata portion of the prevailing square footage and/or front footage connection charge for water and/or sewer service against said property belonging to Owner. Owner shall be responsible for all other customary charges. (7) Upon execution of this agreement and compliance with terms herein, City agrees to begin construction thereof as soon as the same may be let for contract as herein provided. City shall require the contractor under such contract to diligently pursue the construction of the project to completion. (8) In the event that other owners of property abutting the line(s) extended by Owner under this contract, as shown on the map attached hereto as Exhibit A and incorporated by reference herein. shall utilize the extended line(s) 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 const_on of said facilities by the contractor, City ag. to collect from said property owners, its prevailing square footage and/or front footage connection fees from said property owners and to reimburse Owner the amount collected from such property owners, until Owner has been reimbursed a maximum total of the sum paid by Owner to the City under the terms of this agreement, less Owner's own water and/or sewer square footage and/or front footage connection charges if applicable, and amount of City participation in the cost for construction per paragraph (4) of this agreement. 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 present have executed this agreement in several counterparts, each of which shall be deemed an original, in the year and day first mentioned above. CITY OF LA PORTE (Seal) ATTEST: ~~ - BY: 6?~ ':\. ~ TITLE: C. I~. (V\'"'..H....~ Co.... BY: (Secretary) (Seal) OWNER: lug! 4J BY: TITLE: (Witness) (Address/Zip Code) Approved as to Form: .' . " . .', ", ,,' " . r1.';- . ~__" C L- C v '-. ~ .,. (.. \..v.. '--- (City Attorney) Note: City Secretary should attest: If Owner is a corporation, Secretary of Corporation should attest. e e ~O~TroRCITYCOmCaAGIDIDItrnM Agenda Date Requested: October 23. 1995 ~ Department: Administrative Services Resolution Ordinance Requested By: Report Exhibits: Resolution x SUMMARY & ~COMMENDATION The City of La Porte is a "reimbursing" employer under the Texas Unemployment Compensation Act. Under the terms of this act, if an employee leaves employment for any reason and is determined to be eligible for unemployment benefits, the benefits paid to them are charged back to the employer on a reimbursing basis. The act also contains a flaw which we would like to see changed. This flaw pertains to notification and the right to protest any charge back. If an employee leaves the City and files for unemployment, the City is notified and has an opportunity to present reasons for termination. If these reasons are justified, i.e., misconduct connected with work, the Texas Employment Commission (TEC) will deny benefits and the City will incur no costs. The problem exists when an employee leaves the City and goes to work for another employer. Theoretically, the employee could work one week at the new job and then quit. The TEC notification is sent to the last employer only. If that employer does not protest and the former employee receives benefits, the most recent employer is responsible for one week and the remaining part of the three year period is charged to the City. The Government Finance Officers Association of Texas, along with several other cities, will be requesting that the Texas Municipal League take steps to correct this inequity. The attached resolution, if approved, will be presented to TML's Legislative Committee during the upcoming TML annual conference. Action Required by Council: Adopt resolution supporting a revision to the Texas Unemployment Compensation Act. Availability of Funds: General Fund _ Capital Improvement Other Water/Wastewater _ General Revenue Sharing Account Number: Funds Available: Yes No Approved for City Council Aeenda Q~~~ Robert T. Herrera . City Manager \u ...-\ 1 .. q ~ Date e e RESOLUTION 95- 10 A RESOLUTION OF THE CITY OF LA PORTE SUPPORTING A REVISION TO THE TEXAS UNEMPLOYMENT COMPENSATION ACT. WHEREAS. the City of La Porte believes the current Texas Unemployment Compensation Act penalizes reimbursing employers such as political subdivisions because it does not allow such employers to object to unemployment compensation claims made by former employees under certain circumstances, while allowing non-reimbursing employers to object to unemployment compensation claims under the same circumstances; and WHEREAS, this discrepancy results in unnecessary payments to claimants out of government funds in a time of scarce public resources; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT: Section 1. THAT, the CITY OF LA PORTE supports the amendment of the Texas Unemployment Compensation Act and requests the Texas Municipal League to join in this effort. Section 2. That 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 offices of City of La Porte for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the 23rd day of October, 1995. City of La Porte By ATT~:___", .~ City Secretary Norman Malone, M. or :/ APPROVED6;;u/d City Attorney e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: Ste hen L. Barr Alex Osmond Department: Parks & Recreation Department: Golf Course Agenda Date Requested: October 23 xxx Report Resolution Ordinance Exhibits: 1. Bid Recap - Sealed Bid #0664 - Fencing for Bay Forest Golf Course and Northside Park SUMMARY & RECOMMENDATION The City of La Porte has requested formal combined bids for fencing at Bay Forest Golf Course and Northside Park. Bid requests were mailed to ten (10) vendors, six (6) of which returned bids. Bids were opened on October 16. 1995 with low bid submitted by Astro Fence Company. The fencing at Northside Park will be designed to enclose the park area to provide a more secure and controllable area that is used by our younger residents in the area. Golf course fences will complete the security fence at the course by adding additional fencing on holes #5 and #8; and holes #12 and #13. The low bid meeting specifications for estimated quantities was Thirty Nine Thousand, Two Hundred Sixty-Four Dollars, and Twenty-Five cents ($39,264.25l,including the alternate bid for park parking lot fencing by Astro Fence Company. Parks & Recreation budget for this capital improvement project is $30,000.00. Department share of the proposed expenditure for fencing is $10,345.25. which includes the alternate bid for fencing around the parking lot, and which is within budgeted funds. Golf Course budget for this project is $32.000.00 Department share of the proposed expenditure for fencing is $28,919.00, which is within budgeted funds. Action Required by Council: A ward fencing contract, subject to the specifications and conditions. to Astro Fence Company for fencing at Bay Forest Golf Course and Northside Park. XGC General Fund XP Capital Improvement Other Availabilitv of Funds: Water/Wastewater _ General Revenue Sharing Account Number: Parks 015-713-520-100 G.C. 028-800-811-832 Funds Available: .x. YES Funds Available: .x. YES NO NO ADD roved for Citv Council Aqenda ~M\.~ Robert T. Herrera, City Manager 1()-\~~qS Date - OCT-17-95 TUE 9: 25 CIIOF LA PORTE FAX NO, 713~0578 P, 01 '. CITY 011' LA POImI I1ftBROI'J'ICB NBIIORANJ)UM OCTOBBR 17, 1995 1'0: STEPHEN BARR, DIRECTOR OF PARKS (r REcaEATION ALEX OSMOND, GOLlI' PRO FRON: SUSAN' KELLEY, PURCHASING AGEN'l' SUBJBC'r: SEALED BID '0664 - FBNCING Advertised, sealed bidlJ 10664 - fencing of the CjJolf cour.. and North81de Parlt were opened and read on October 16, 1995. Bid requests were mailed to ten (10) vendors with six (6) returning bids. Low bid meeting specifications was submitted by Astro Fence with a total cost of $34,092.25. InclUding the parking lot bid as an option, the total cost would be $39,264.25. Please submit your recommendation witb an agenda request form by the prescribed time betore the next regular council meetin9. If there is a need to delay bringing thi. bid before council, please notify me. Attachment: Bid Tabulation Bidder's List OCT 17 '95 10:09 7184710578 PAGE.001 -OQT-17-95 TUE 9:26 C1iOF LA PORTE FAX NO. 713'1578 P. 02 ~ BID TABULATION - FENCING SECTION .- GOLF COURSE 1. GOLF HOLES 16 &18 22GO 2. ~HOLES#12a#13 ~ TOTAL SEC110N I SECTION 11- NORTHSIDE PARK 1. 8' FENCING 266 $8.08 $8.29 2. 10" FENCING 200 '10.60 ,13.83 3. TRANSITION FENCING 2 1106.00 $180.00 4. GATES A- 10' xiS' 1 $420.00 $898.00 B. 3' x 8" 2 $280.00 $198.00 C. 6' xS" 1 $280.00 $216.00 ----- - TOTAL SECTION II $6, 17$.25 $5.718.8& 18.30 $8.71 $7.30 87.83 '13.10 '14.1t S1tU6 '104.87 $101.00 1278.00 '185.00 .148.70 $288.00 $240.00 .17$.20 $72.00 '186.80 $120.00 18.- 50 "768.36 OPTION - PAFI<ING LOT OCT 17 '85 113: 113 71347113578 PAGE.BB2 ^ 00T-17-95 TUE 9: 27 CITY OF LA PORTE e FAX NO, 7134710578 e P.03 SIDDEll' 8 LIS't SEALED BID '0664 - FENCIRG ARIES FENCE co. 2418 DuPONT PASAlJENA, TX 77503 BROOKS FENCE 4018 ALLEN-GENOA PASADENA, TX 77504 DOW FENCS SUPPLY 1802 PRES'l'ON fA PASADENA, TX 7'1503 FOSTER fENCE P.O. BOX 96116 HOUSTON, TX 77213-6116 JESSS FENCE CO. 12390 STATE BWY 249 HOUSTON, TX 77086 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 ASTRO FENCE CO. P.O. BOX 7584 HOUSTON, TX 7'1270-7584 COMKBRCIAL FINeS P.O. BOX 1354 PASADENA, TX 77501 PBHCEMASTD 11007 W. HARDY HOUSTON, TX 71076 HOUSTON FUCE COMPANY 13300 MURPHY RD. STAFFORD, TX 77477 WITHERS FENCE COMPANY 409 WEST MAIN STREBT ~ PORTE, TX 77511 BAYSHORE SUN PUBLISH DATES OCTOBER 1, 1995 OCTOBER 8, 1995 OCT 17 '85 HI: 10 7134710578 PRGE.003