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HomeMy WebLinkAbout1996-03-18 Special Called Regular Meetingi • dN~y oN~ ~~-~-L~~ was ~~1 • • NOTE: 1. a. 3. 4. MINUTES OF THE SPECIAL CALLED REGULAR MEETING OF LA PORTE CITY COUNCIL MARCH 18, 1996 THE CITY COIINCIL APPOINTED AS MAYOR PRO TEM FOR THIS ABSENCE OF MAYOR MALONE AND COIINCILPERSON BOB MCLAIIGHLIN CITY COIINCIL MEETING IN THE MAYOR PRO TEM ALTON PORTER CALL TO ORDER The meeting was called to order by Mayor Pro Tem McLaughlin at 6:02 P.M. Members of Citv Council Present: Mayor Pro Tem McLaughlin, Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Jack Maxwell and Jerry Clarke Members of Council Absent: Mayor Norman Malone, Councilpersons Alton Porter and Deotis Gay Members of City Staff and City Employees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, City Secretary Sue Lenes, Chief of Police Bobby Powell, Director of Public Works Steve Gillett, Director of Parks and Recreation Stephen Barr, City Engineer Fred Thompson, City Manager Secretary Carol Buttler, and Police Officer Sherman Moore Others Present: Gene Sanchez and several other members of the La Porte Girls Softball Association and several La Porte citizens. INVOCATION BY REV. HENRY WALKER - PLEASANT HILL BAPTIST CHIIRCH - LA PORTB The invocation was delivered by Rev. Henry Walker pastor of Pleasant Hill Baptist Church in La Porte, Texas. CONSIDER APPROVING MINIITES OF REGIILAR MEETING FEBRIIARY 26, 1996 Motion was made by Councilperson Maxwell to approve the minutes of February 26 as presented. Second by Councilperson Clarke. The motion carried, 6 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, Maxwell, Clarke and Mayor Pro Tem McLaughlin Nays: None PETITIONS, REMONSTRANCES, COMMIINICATIONS, AND CITIZENS AND TA8 PAYERS WISHING TO ADDRESS COIINCIL ~ ~ Minutes Special Called Regular Meeting La Porte City Council March 18, 1996, Page 2 Mr. Gene Sanchez, 9750 Barmont, La Porte, Texas, addressed Council regarding the La Porte Girls Softball Association. Mr. Sanchez asked that board members of the Association be acknowledged. Several board members stood to acknowledge their support of Mr. Sanchez's request, but were not introduced. Mr. Sanchez requested the postponement of the building of a fence by the La Porte Rodeo Association at Lomax Park, (Northwest Park Grounds). Mr. Sanchez stated, "La Porte Girls Softball Association feels there was inadequate time for the input from La Porte Girls Softball Association on the planning of the fence and the fence boundaries. As of this date the Parks and Recreation Director Stephen Barr and City Manager Robert T. Herrera are aware of the issues. La Porte Girls Softball Association is willing to work with the Rodeo Association and the City Parks and Recreation to resolve these issues. A letter on behalf of LPGSA on the position of the "fence" being built will be submitted for public record upon completion." Mr. Sanchez thanked Council for their time and cooperation. 5. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING THE TRANSFERS OF THE CABLE TELEVISION FRANCHIBE WITB PRIME CABLE OF FORT BEND, LIMITED PARTNERS; GRANT EBTENSION OF FRANCHISE AGREEMENT IINTIL DECEMBER 31, 1996 (Ord. 96-2095) - R. Askins City Attorney Knox Askins addressed Council regarding the request. Mr. Askins reported that Prime Cable, the present holder of the cable franchise for the City of La Porte, has been in negotiations with TCI Communications, which is one of the largest cable television operators in the United States, for the sale of their franchise and transfer of that agreement to TCI. Prime Cable has requested the ordinance which is before Council tonight. This ordinance will give City Council approval to the transfer of the cable franchise to TCI or one of its subsidiaries. The second thing this ordinance does is to extend the present extension granted Prime Cable, which expires on June 30, 1996, to December 31, 1996. TCI and their officials will negotiate directly with the City for the new franchise document. City Attorney read: ORDINANCE NO. 96-2095 - AN ORDINANCE APPROVING THE TRANSFERS OF THE CABLE TELEVISION FRANCHISE WITH PRIME CABLE OF FORT BEND, L. P.; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. • • Minutes Special Called Regular Meeting La Porte City Council March 18, 1996, Page 3 Ms. Kathleen Able, Director Community Affairs for Prime Cable, answered questions from Council. Ms. Able stated, "My counter part at TCI is Jill Mack, who is out of town, and unable to be with us tonight. She asked that I extend her regrets, and she is sorry she could not make it tonight. What this will do to rates and services is very little. The only channels which TCI plans to change are two premium movie channels. They are going to swap for two different ones because cable companies, in order to provide any given channel, have to have a contract with the provider of that channel. TCI does not have contracts with the Movie Channel or Flex. They will switch those two out for two other premium movie channels. The rates will remain virtually the same. The personnel will remain virtually the same. Initially, the only change you will see is the letter head on the bill. Councilperson Clarke asked Ms. Able if she would remain the franchise representative. Ms. Able stated, "I don't know that Sir, as it will either be myself or a woman named Veloria Spencer." Councilperson Cooper asked if C-Span would remain the same. Ms. Able stated, "There will be no changes to C-SPAN. You will keep getting both of them." Mayor Pro Tem McLaughlin asked if TCI will offer a Senior Citizen discount? Ms. Able stated, "TCI will continue with the current rate structure Prime Cable has. All cities which have Prime Cable services do have a Senior Citizen discount in place now. All you have to do is call in. You are suppose to go by and show your drivers license, prove you are 65 or older, and you will receive roughly a $3.00 discount off your monthly bill. TCI will honor all of the contracts and obligation which Prime has already made. It is certainly something that you would be welcome to consider come franchise negotiation time, not to suggest things to throw on the table." Councilperson Sutherland asked Ms. Able when the change to TCI was projected. Ms, Able said, "Projected for around May 15th." Councilperson Sutherland said, "We as a Council have seven months to determine how we like the new TCI operation, because the extension is only granted to the end of this year." Motion was made by Councilperson Sutherland to agurove Ordinance 96-2095 as read by City Attornev. Second by Councilperson Cooper. The motion carried, 6 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, Maxwell, Clarke and Mayor Pro Tem McLaughlin Nays: None • • Minutes Special Called Regular Meeting La Porte City Council March 18, 1996, Page ~ 6. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING A SETTLEMENT AND RELEASE AGREEMENT BETWEEN THE CITY OF LA FORTE AND JANET A. STEVENSON FOR SETTLEMENT OF TWO (2) LAWSIIITB BROIIGHT BY MRS. STEVENSON AGAINST THE CITY OF LA FORTE (Ord. 96-2096) - R. Askins City Attorney Knox Askins reviewed with Council the background and explanation of the settlement documents. City Attorney read: ORDINANCE 96-2096 - AN ORDINANCE APPROVING AND AUTHORIZING A SETTLEMENT AND RELEASE AGREEMENT BETWEEN THE CITY OF LA FORTE AND JANET A. STEVENSON FOR SETTLEMENT OF TWO (2) LAWSUITS BROUGHT BY MRS. STEVENSON AGAINST THE CITY OF LA FORTE; APPROPRIATING $65, 000.00 TO FUND SAID AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to approve Ordinance 96-2096 as read by City Attorney. Second by Councilperson Thrower. The motion carried, 6 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, Maxwell, Clarke and Mayor Pro Tem McLaughlin Nays: None 7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 1096, TOWN OF LA FORTE (Ord. 96-2097) - G. Rankin City Engineer Fred Thompson reviewed the summary and recommendation for the request. The applicant has agreed to the value determined to be $1.25 per sq. ft. and has paid the closing fee of $6,039.85. City Manager Robert T. Herrera introduced Vice President of Baytown State Bank-La Porte, Mr. Leonard Hines, and asked Mr. Hines if he would like to present his plans for the property. Mr. Hines spoke explaining, "This is part of what we have to go through to get everything to fall in line with regulatory approval from the State, FDIC, and from the City. We have our earnest money contract with the partnership, and one of the conditions was this alley should be abandoned. We have State approval and with City Council approval, which we hope is coming tonight, we have verbal approval from the FDIC, who was waiting approval from the Texas Historical Commission. We finally got the approval of the Texas Historical Commission, and we are on a calendar of about two weeks of having the approval of the FDIC. Once we have that we will close on the • Minutes Special Called Regular Meeting La Porte City Council March 18, 1996, Page 5 property and shortly be looking at building an approximately 3,200 sq. ft. banking facility. It will be a first class facility, four to five drive-in-windows, commercial window, and an on premise ATM machine. We are very, very, proud to be in La Porte and look forward to working with City Council and the Mayor." City Attorney read: ORDINANCE 96-2097 - AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 1096, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilperson carried, 8. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE GRANTING A PERMIT DNDER SECTION 18-A-E OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION," TO CONSTRIICT A 12-INCH PIPE LINE FOR THE TRANSPORTATION OF LIQIIEFIED PETROLEIIM GAS AND AN 8- INCH PIPE LINE FOR THE TRANSPORTATION OF ETHYLENE TO DOW PIPELINE COMPANY (Ord. 96-915-NN) - B. Gillett Director of Public Works Steve Gillett reviewed the summary and recommendation for the request. Mr. Gillett reported Dow had requested three pipe line transportation permits, but one of the lines, the 10 inch HCL, is located in the Battleground Industrial District and is not subject to the requirements of Ordinance 915. Therefore, the request before Council is for two pipe line transportation permits. Dow Chemical Company representative, Ms. Flo Caldwell, spoke regarding the request. Ms. Caldwell clarified that Dow pipe line represents their natural gas pipe lines, and this request is from Dow Hydrocarbons & Resources, Inc. which handles liquid lines. Ms. Caldwell addressed Councilperson Thrower's question regarding how many lines Dow has in the corridor. Ms Caldwell stated, "We have one other line in the corridor that goes from the Lomax station or the one on Underwood Road to the west. It is a 16-inch line. I do not know how many other Companies have lines there. In the corridor going to the east there is only one of our lines; the new 12-inch line which goes to the east and crosses 225. So, we have one going West and one going East." Councilperson Thrower said everything Ayes: Councilpersons Sutherland, Cooper, Thrower, Maxwell, Clarke and Mayor Pro Tem McLaughlin Nays: None • • Minutes Special Called Regular Meeting La Porte City Council March 18, 1996, Page 6 would have to be compatible and a certain distance from the other lines. Ms. Caldwell said, "Yes, H.L. & P. is very, very, particular on how we do that work and how we lay those lines in there. There is a very clear definition and inspection when that's done." After Council discussion they asked how deep in the ground are the lines? Ms. Caldwell stated, "I don't remember. State Law says we have to be 24 inches deep. Dow usually puts ours 36 inches, and many of these corridors require deeper than that." Mr. Gillett said, "The depth is four feet." Ms. Caldwell said, "H.L. & P. requires four feet." City Attorney read: ORDINANCE NO. 96-915-NN - AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-a-3 OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION," BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF THE CITY OF LA FORTE, TEXAS, DATED NOVEMBER 25, 1975, TO CONSTRUCT A 12-INCH PIPE LINE FOR THE TRANSPORTATION OF LIQUEFIED PETROLEUM GAS AND AN 8-INCH PIPE LINE FOR THE TRANSPORTATION OF ETHYLENE; AND PROVIDING AN EFFECTIVE DATE HEREOF. ~r~t;on was made by Councilperson Cooper to approve Ordnance 96-915-NN as read by City Attorney. Second by Councilperson Clarke. The motion carried, 6 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, Maxwell, Clarke and Mayor Pro Tem McLaughlin Nays: None 9. CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLIITION RE80LVING THAT THE SAN JACINTO MONIIMENT RESTORATION PROJECT IS A SIGNIFICANT HISTORICAL ASSET TO THE CITIZENS OF THE STATE OF TEXAS, OF HARRIS COIINTY, AND OF THE CITY OF LA FORTE, AND IS THEREFORE RECOMMENDED FOR FIINDING IINDER THE INTERMODAL sIIRFACB TRANSPORTATION ENHANCEMENT ACT OF 1991 (Res. 96-03) R. T. Herrera City Manager Robert T. Herrera reviewed the summary and recommendation for the request. Mr. Herrera reported the Texas Parks and Wildlife Department is applying for an ISTEA Grant from the Texas Department of Transportation and have asked all of the cities in East Harris County for their support. Mr. Herrera stated, "This is something that I think the City of La Porte should participate in by providing a resolution that says if there are any funds available please consider giving them to the San Jacinto Monument Restoration Project." • Minutes Special Called Regular Meeting La Porte City Council March 18, 1996, Page 7 Motion was made by Councilperson Clark to agprove Resolution 96_03• Second by Councilperson Maxwell. The motion carried, 6 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, Maxwell, Clarke and Mayor Pro Tem McLaughlin Nays: None 10. CONSIDER AWARDING BIDS FOR TH8 REPLACEMENT OF HEAVY EQIIIPMENT; CRAWLER/BBCAVATOR TO WOWCO; WHEEL LOADER TO CARRIITH-DOGGETT; 12 TON ROLLER TO R. B. EVERETT - 8. Gillett Director of Public Works Steve Gillett reviewed the summary and recommendation for the request. Mr. Gillett answered questions from Council and recommended the award of the bids as presented for a total cost of $125,685.95, stating, "This is well under the budget we have established for these replacements." Motion was made ~ Councilperson Sutherland to annrove the bid awards as recommended by staff. Second by Councilperson Thrower. The motion carried, 6 ayes, 0 nays. Ayes: Councilpersons Maxwell, Clarke Nays: None Sutherland, Cooper, Thrower, and Mayor Pro Tem McLaughlin 11. ADMINISTRATIVE REPORTS A. GROIIND BREAKING FOR TH8 RROGER PROJECT MARCH 26, 1996, 10:00 A.M. City Manager Robert T. Herrera brought to Council's attention that Councilperson Mike Cooper assisted the City in a M.C. position this past Friday night at Sylvan Beach by taking the place of Mayor Malone at the opening ceremonies for the Moving Wall. Mr. Herrera stated, "He did a fantastic job. My compliments to Councilman Cooper." Mr. Herrera also reported that the ground breaking ceremony for the Kroger project will be at 10:00 A.M. on March 26th. He reminded Council if they are going to participate to please be at the Tooney's parking lot by 9:30 A.M. to 9:45 A.M. He also reported the building which was Tooney's will be removed in the near future. 12. COIINCIL ACTION Councilpersons Sutherland, Cooper, and Mayor Pro Tem McLaughlin brought items to Council's attention. • Minutes Special Called Regular Meeting La Porte City Council March 18, 1996, Page 8 13. B%ECIITIVE SESSION - PIIRSIIANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROIIGH 551.076, AND 551.084, TEBAB GOVERNMENT CODE, - (CONSIILTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELIBERATION REGARDING SECIIRITY DEVICES, OR E%CLIIDING A WITNESS DIIRING E%AMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. BECTION 551.075 - (CONFERENCE) MEET WITH MIINICIPAL COIIRT JIIDGE REGARDING A PERSONNEL MATTER(S) Council retired into executive session at 6:44 P.M. to discuss A) Section 551.075 (Conference), meet with Municipal Court Judge regarding a personnel matter(s). Council returned to the table at 7:05 P.M. with no action taken. 14. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN E%ECIITIVE SESSION There was no consideration or action to be considered after the executive session was held. 15. ADJOIIRNMENT There being no further business to come before Council, the meeting duly adjourned at 7:11 P.M. Respectfully submitted, Sue Lenes, City Secretary Passed and Approved this the 8th day of April, 1996 %/~ ~'~/ G%vc N a~L. Malon Ma or Y • • . ORDINANCE NO. 96- 2095 AN ORDINANCE APPROVING THE TRANSFERS OF THE CABLE TELEVISION FRANCHISE WITH PRIME CABLE OF FORT BEND, L.P.; 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: WHEREAS, Prime Cable of Fort Bend, L.P. ("Franchisee") owns, operates, and maintains a cable television system ("System") in the City of La Porte, Texas ("Franchise Authority"), and Franchisee is the duly authorized holder of a cable television franchise (the "Franchise") granted by the Franchise Authority; and WHEREAS, Franchisee and InterMedia Partners Southeast, a California general partnership ("InterMedia"), are parties to an agreement whereby Franchisee will assign and transfer all of the assets of the System, including all right, title, interest and obligations of Franchisee under the Franchise to InterMedia (the "Prime/InterMedia Transaction"); and WHEREAS, InterMedia and TCI Communications, Inc., a Delaware corporation ("TCI"), have entered into an agreement whereby, subsequent to the consummation of the Prime/InterMedia Transaction, InterMedia will assign and transfer all of the assets of the System, including all right, title, interest and obligations of InterMedia under the Franchise (the "InterMedia/TCI Transaction") to either Tele-Vue Systems, Inc., if TCI has acquired control of such entity in a separate pending transaction, or TCI of Houston, Inc., an indirect wholly owned subsidiary of TCI (collectively, the "TCI Transferees"); and WHEREAS, if it is determined that InterMedia/TCI Transaction cannot be completed as planned, it is possible that the interim transfer of the Franchise to InterMedia would not occur, and in such event the Franchise would be transferred directly by Prime to TCI of Houston, Inc. (the "Prime/TCI Transaction" and, together with the Prime/InterMedia Transaction and the InterMedia/TCI Transaction, the "Transactions"); and WHEREAS, Franchisee, InterMedia and TCI have requested consent by the Franchise Authority to the Transactions; and WHEREAS, The Transactions are deemed to be in the best interests of the residents of the City of La Porte; WHEREAS, Franchisee has requested that the term of the Franchise be extended for a period of six months from its current expiration of June 30, 1996, so that the Franchise will expire on December 31, 1996; Section 1. The Franchise Authority hereby consents to and approves the transfer of the System and the Franchise to InterMedia, all in accordance with the terms of the Franchise. • ORDINANCE NO. 96- 2095 PAGE 2 Section 2. The Franchise Authority hereby consents to and approves the subsequent transfer of the System and the Franchise from InterMedia to either of the TCI Transferees, or from Prime directly to TCI of Houston, Inc., all in accordance with the terms of the Franchise. Section 3. The consents herein granted do not constitute and shall not be construed to constitute a waiver of any obligations of Franchisee under the Franchise. Section 4. The Franchise Authority hereby extends the term of the Franchise for a period of six months from its current expiration date of June 30, 1996, so that the Franchise will expire on December 31, 1996. Section 5. The Franchise Authority confirms that (a) the Franchise was properly granted, (b) the Franchise is currently in full force and effect and will expire on June 30, 1996, and, pursuant to the extension granted in Section 4 of this Ordinance, will expire on December 31, 1996, (c) the Franchise supersedes all other agreements between the parties, (d) the Franchise represents the entire understanding of the parties, and (e) Franchisee is materially in compliance with the provisions of the Franchise and there exists no fact or circumstance known to the Franchise Authority which constitutes or which, with the passage of time or the giving of notice or both, would constitute a material default or breach under the Franchise. Section 6. TCI may transfer the Franchise or control related thereto to any entity controlling, controlled by or under common control with TCI. • • ORDINANCE NO. 96-2095 PAGE 3 Section 7. Section 1 of this Ordinance shall become effective upon the consummation of the Prime/InterMedia Transaction. Section 8. Section 2 of this Ordinance shall become effective upon the consummation of the InterMedia/TCI Transaction, as applicable. Section 9. This Ordinance shall have the force of a continuing agreement with Franchisee, InterMedia, TCI and the applicable TCI Transferee and the Franchise Authority shall not amend or otherwise alter this Ordinance without the consent of Franchisee, InterMedia and TCI. Section 10. 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 11. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this fday of ~~~,~~ , 1996. CITY OF LA PORTE i j>r / BY ~ / ~ L= X7.1 ~~~=~-~- C ~.-'~--- Bob McLaughlin, Mayor Pro Tem • ORDINANCE NO. 96-2095 ATTEST: ~ ~~ ,~ Sue Lenes, City Secretary AP 0 ED: Knox Askins, City Attorney PACE 4 ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORT E, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CHARLES R. HUGER. JR. BOARD CERTIFIED - CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION TELEPHONE 713 471-1886 TELECOPIER 713 471-2047 RECEIVED February 28, 1996 Ms. Kathleen Abe Director, Comm ity Affairs Prime Cable One Northch a Park 4201 FM 19 W., Suite 300 Houston, 77068-3414 Ms. Ji Mack Gower ent and Public Affairs Director TCI ablevision of Texas, Inc. 703 Airport Boulevard Ho ston, TX 77061 Dear Kathleen and Jill: t~ Each of you will find enclosed a copy of my letter to the City of La Porte, with proposed Ordinance. I am requestin this be placed on the next City Council agenda on Monday, March ~, 1996, at 6:00 P.M. Please call my office several days before that date, to verify that the Ordinance indeed is on the agenda, should you wish to attend the meeting. Yours very tr Knox W. Askins City Attorney City of La Porte KWA:sw Enclosures cc: Mr. obert T. Herrera 'ty Manager ity of La Porte FEB 2 8 1996 CI i Y MANAGERS OFFICE • • ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORT E, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CHARLES R. HUGER, JR. BOARD CERTIFIED - CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION TELEPHONE 713 471-1866 TELECOPIER 713 471-2047 REC'~_~;IVED February 27, 1996 Hon. Mayor and City Council City of La Porte City Hall La Porte, Texas !FEB 2 8 1996 Ci~i r MANAGERS OFFICE Gentlemen: I enclose an ordinance for your consideration at the regular meeting of March 11, 1996, approving the transfer of the cable television franchise with Prime Cable of Fort Bend, L.P., to TCI. This ordinance also extends the terms of the present Prime Cable franchise through December 31, 1996. Please see attached letter from Kathleen Abel, Director of Community Affairs of Prime Cable, dated February 20, 1996. I recommend approval of this ordinance by City Council. TCI and its affiliates are among the largest, if not the largest, cable television operator in the United States. TCI holds one of the franchises in the City of Houston, which includes the Clear Lake area. You very trul , G'!~ Knox W. Askins City Attorney City of La Porte KWA:sw Enclosures February 20, 1996 • RECEIVED FEB 2 8 1996 Knox Askins, Esq. City Attorney City of La Porte P.O. Box 1218 LaPorte, TX 77572-1218 CIl Y MANAGERS OFFICE Dear Knox: To reiterate our telephone discussion of yesterday, TCI has requested that the cable television franchise of the City of La Porte, currently with an expiration date of June 30, 1996, be renegotiated directly between the City and TCI following closure and consummation of the purchase of Prime Cable by TCI. To facilitate this, an extension of the franchise through December 31, 1996, would be appreciated. If, for some reason, the sale of Prime does not come to fruition, we should know well before June 30 franchise expiration date and should be able to take appropriate action at that point. Attached is a draft copy of an ordinance to transfer the current franchise form Prime to TCI, and to extend the current franchise from June 30, 1996 to December 31, 1996. Please let me know when this matter is scheduled for City Council action. Yours, . i Kathleen Abel Director, Community Affairs cc: Jill Mack, TCI Enclosures ONE NORTHCHASE PARK • 4201 FM 1960 W., SUITE 300 • HOUSTON, TEXAS 77068-3414 • (713) 537-2900 CJ • • ORDINANCE NO. 96 - 2096 AN ORDINANCE APPROVING AND AUTHORIZING A SETTLEMENT AND RELEASE AGREEMENT BETWEEN THE CITY OF LA FORTE AND JANET A STEVENSON FOR SETTLEMENT OF TWO (2) LAWSUITS BROUGHT BY MRS. STEVENSON AGAINST THE CITY OF LA PORTS; APPROPRIATING $65,000.00 TO FUND SAID AGREEMENT; HARING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SIIBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: Section 1. The City Council hereby approves and authorizes the Release and Settlement Agreement 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 $65,000.00 from the General Fund Contingency Account to fund said Agreement. 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. ORDINANCE NO. 96 - 2096 PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 18th day of March, 1996. CITY OF LA PORTE ATTEST: Sue Lenes, City Secretary -, °--Ner Mayor Por Tem Bob McLaughlin • ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORT E, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CHARLES R. HUBER. JR. BOARD CERTIFIED - CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION March 13, 1996 TELEPHONE 713 471-1886 TELECOPIER 713 471-2047 Mr . Robert T . Herrera ~~n~ ! ~ ~~'"? City Manager City of La Porte ~j j~`( ;i;'ai`y ~ut~S ~ i P. O. Box 1115 ^~'~~^" ~..- ; I' ~ i~ G ~ La Porte, Texas 77571 - -- °'" >~ ~ Y ~ 3 -/~-9 RE: Cause No. 94-14914; In the District Court of Harris County Texas, 334th Judicial District; Janet A. Stevenson v. Zoning Board of Adjustment of the City of La Porte Civil Action H-94-1066; In the United States District Court for the Southern District of Texas, Houston Division; Texas Manufactured Housinq Association, Inc., et al, Plaintiffs v. City of La Porte, et al, Defendants Dear Bob: I am pleased to enclose for your review and approval the final drafts of the settlement documents in the above-referenced matters: 1. Settlement and Release Agreement; 2. Joint Motion to Dismiss with Prejudice (State Case); 3. Agreed Order of Dismissal with Prejudice (State Case); 4. Joint Motion for Severance and to Dismiss with Prejudice (Federal Case); 5. Agreed Order for Severance and Dismissal with Prejudice (Federal Case); and 6. Approval ordinance authorizing execution of the Settlement Documents by the City of La Porte and the City of La Porte Zoning Board of Adjustment. I would ask that you place this item on the agenda for consideration by the City Council of the City of La Porte at its March 18, 1996 meeting. Mr. Robert City of La March 13, Page 2 T. Herrera, City Manager Porte 1996 A~INS & ARMSTRONG, P. C. ATTORNEYS AT LAW Please relate to City Council that both Mr. John Hightower and myself recommend that the City of La Porte enter into this Settlement Agreement. I would also like to take this opportunity. to point out that the settlement documents attached to this letter are totally consistent with the terms of the Settlement Agreement entered into by and between the City of La Porte, the City of La Porte Zoning Board of Adjustment, and Janet A. Stevenson, as already approved by City Council at its meeting of February 12, 1996. Approval and signature on these documents represent a mere formality. If you have any questions or comments, please do not hesitate to give me a call. I shall be unable to attend the meeting of March 18, 1996, since I will be on vacation that day. Knox Askins will be at the meeting, and will be available to answer any questions or respond to any comments that you or City Council might have. The original of the Settlement Agreement, signed by Ms. Stevenson, shall be available at the Coucil Meeting on March 18, 1996. We shall have Ms. Stevenson's signature on the agreement this week. Thank you very much- for all of your courtesies and the assistance you have rendered on this case. As always, I remain, Very truly yours, P.C. r h D. Arms ong As tant City Attorne JDA:las Enclosures cc: Knox Askins A8RIN8 & ARMBTRONG Mr. John Hightower OLSON & OLSON Mr. Ernest Fielder Mr. Brent Wells WELLS & HENRY • • REQ~T FOR CITY COUNCIL AGEND~EM Agenda Date Requested: March 18, 1996 Requested By: Guy Rankin ~ Department: Planning Report Resolution X Ordinance Exhibits: 1. Ordinance 2. Area Map SUMMARY & RECOMMENDATION The City has been petitioned by B.P.M. Partners, Ltd., to close, vacate, and abandon the remaining portion of the sixteen foot (16') wide alley located in Block 1096, Town of La Porte (see attached map). Staff has received no objection to the closure from franchised utility companies. The Planning and Public Works Departments reviewed the request and have determined that the City does not have any immediate or future plans to utilize the alley. Staff has calculated the fair market value of the alley (7,845.68 sq. ft.) to be closed per terms set forth in the Code of Ordinances. The applicant has agreed to the value determined of 51.25/sq. ft. for a total closing fee of 56,039.85. In addition, staff has also received a hold harmless letter from the applicant and the closing fee shall be delivered prior to the 3/18/96 Council Meeting. Staff recommends approval of the closure as requested. Action Required by Council: Consider approval of an ordinance closing the remaining portion of the alley in Block 1096, Town of La Porte. Availability of Funds: N/A General Fund Capital Improvement Other Account Number: _ Water/Wastewater _ General Revenue Sharing Funds Available: YES NO Approved for City Council Agenda 'Robert T. Herrera DATE City Manager • • ORDINANCE NO. 96- 2097 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 1096, TOWN OF LA PORTS, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETING8 LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by record owner of all of the property abutting the hereinafter described portion of the alley in Block 1096, Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of the alley in Block 1096, Town of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of the alley in Block 1096, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and the closing of the hereinafter described portion of the alley in Block 1096, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the alley in Block 1096, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portion of the alley in Block 1096, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned and closed by the City of La Porte, to-wit: • ORDINANCE NO. 96- 2097 PAGE 2 That portion of the alley located in Block One Thousand Ninety-six (1096), Town of La Porte, Harris County, Texas, lying and being situated between Lots 5 through 29, both inclusive, Block One Thousand Ninety-six (1096) Town of La Porte, Harris County, Texas, as shown on the plat attached hereto as Exhibit "A". Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 18th day of March, 1996. ATTEST: • CITY OF LA PORTE `~-' % 7 Bob McLaughlin, Mayor ProTem Sue Lenes, City Secretary APPROVED : ' Knox W. Askins, City Attorney • EXHIEIY A • ~,~ li~l„f ONT i=,~~~l,U,~~' NOR7N TO ~~ C~OS~~ I- U.1 U~ Q~ cn +- 0 c~ I,UEST "K" ST1~E~T I._t..l U.1 m I- 0 cn i • RE ST FOR CITY COUNCIL AGEND TEM Agenda Date Requested: March 18, 1996 Requested By: S. Gillett Department: Public Works Report Resolution XXXX Ordinance Exhibits: Ordinance No. 915-NN Letter from Dow Pipeline Company Location Maps SUMMARY & RECOMMENDATION The City of La Porte has received a request from Dow Pipeline Company to construct three (3) pipelines. One of the lines (10 inch HCL) is to be located in the Battleground Industrial District, and is not subject to the requirements of Ordinance 915. The remaining two (2) lines are located in the city limits, and subject to Ordinance 915. One is a twelve (12) inch Liquified Petroleum Gas (LPG) pipeline to be operated at ambient temperature with a maximum operating pressure of 2160 PSIG. The other line is an eight (8) inch ethylene pipeline to be operated at ambient temperature with a maximum operating pressure of 1440 PSIG. The locations of these lines are shown on the attached maps. The City has reviewed the request, and find that all requirements of Ordinance 915 have been met. The required application fees and first year annual fees have been paid. Action Required by Council: Approve Ordinance No. 915-NN granting a permit to Dow Pipeline Company to construct and operate a 12-inch pipeline for the transportation of liquified petroleum gas (LPG) and an 8-inch pipeline for the transportation of ethylene. 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 Agenda Robert T. Herrera DATE City Manager _~ • • ORDINANCE NO. 96-915-NN AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-a-3 OF ORDINANCE NtS. 915, 'PIPELINE TRANSPORTATION,~~ BEING CHAPTER 18-A OF THE CODE'OF ORDINANCES OF THE CITY OF LA FORTE, TEXAS, DATED NOVEMBER 25, 1975, TO CONSTRUCT A 12-INCH PIPE LINE FOR THE TRANSPORTATION OF LIQUEFIED PETROLEUM GAS AND AN 8-INCH PIPE LINE FOR THE TRANSPORTATION OF ETHYLENE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: Section 1. The City Council of the City of La Porte has received an application dated February 23, 1996, from DOW PIPELINE COMPANY, requesting a permit under Section 18-A-3 of Ordinance 915, being Chapter 18-A of the Code of Ordinances of the City of La Porte, to construct and operate its 12-inch pipe line for the transportation of LIQUIFIED PETROLEUM and its 8-inch pipe line for the transportation of ETHYLENE, crossing the City of La Porte, all as shown on said application. The application of DOW PIPELINE COMPANY has been reviewed by the City's Director of Public Works, who has found that said application meets all requirements of said Ordinance No. 915, and has recommended its approval. Section 2. The City Council of the City of La Porte hereby approves the application of DOW PIPELINE COMPANY, dated February 23, 1996, and this Ordinance shall constitute a permit to DOW PIPELINE COMPANY to operate said pipe lines within the City of La Porte, all in conformance with the requirements of said Ordinance No. 915, contingent upon its filing with the City of La Porte prior to commencement of construction, copies of its permits from the Texas Department of Highways and Transportation; Harris County; and the Harris County Flood Control District. Any future relocation of the pipe lines herein permitted, within the City, State, or County rights-of-way, shall be at the sole expense of permittee. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. • ORDINANCE NO. 96-915-NN PASSED AND APPROVED, this the 18th day of March, 1996 CITY OF LA PORTE PAGE 2 Norman L. Ma one Mayor ATTEST: Sue Lenes, Ci y Secretary APPROVED: Knox W. As ins, C1 y A orney • ~ ANII p ~ ~ I I7b Ip ``y/y o I ERiN ELLEN J~ ~~ A Y r i'~/ ~.:~~~ .' D NECE v v~ f D i' V S IRE LUEKIN V lAR C p u ~ c ~ [ ~ ~ ~ r BRU 'S ~NDEa UN LARK ~ T~ C1 " o~ < ~ ~' ~ ~~ y N BROOK AVE Qc TY R Ip U D ~ c O g ~ i0 ~ ~ SHANNON A ~ ~ (~ s r LIN A i r' C = CILLAR Y DUBBIN N~~ R o BE C z ~ TIP RA iR ~~ ^ c GAL ERR `~o _ x C ..... ~ N".. LINERIGK T m ~~n 'a o , ~ -~--^-""'_'-. x Z n N og ,. =<Y ~$ . ~ ~U ~ N ~ ~ N D Z C d Z 2 no Z EAST BLVD 8N O Q 0 .o 0 O st u CITY OF LA PORTS ~ HEADUV A A l~ Z ~ N_ ~ D ~•T~ N O 4y !l `er V ~ N O ~/ LL E GUI DEN ~ :~. ~~ BROVNING ~ HAar ~ ~ ~ m ~ /~; /'_. YOU GLEN SENDOL ~ _ r. ~ r o ~ ~ ~ ~ ~ ROB{NSON K g ~ ~^ AL Y 'q' = Z' P 9 ~ pp > n g ~ ~ ~ 2 ~_~_ o r a z 1 C ~ ~ SANTA ANNA / r. O Z 2 ~ Z~ A 0 n , y m ~ Iy.~ (~ x VALL Y VIEV D y a ~ ~ ELMVUD ~/~jjj / ~ / A ~ ~ ~ ~ ~ ~ ~ > ~ ~ 1 ~ .. 7 NI S ~n y N 1 J 1 p ~ ~~ ~v l i'• , 1 BATTLEGROUND ' I D ~ L ~ ID~~ I D A C'1 l ~ Z O sI 1I~ r = ~ ~ K ~ z p i EILEEN Fg P YTON ~ NEADOV ARK D '^`~ -~ 9 D D VI A D x RV6(7 KE = NA i H p ^y A ~ r C = x1 { ~ t IND D TACY v D LAVRE PAY ~ ~ A u ~ Zn C 1'1 ~ 2 71 ~ p N I'f ~ D 9~ s 3 HI y ~ D.y > ~i z yy~~ r$Sa rr A~ Q S ~ ~ w~yx Y ~ = P '~ $i^i Fj ~ ~Z r` ir ~^Z ~ = r _ y y r w I 7 ~~ C ~ r ~ ~ a ~ Q r ~ ~ ~ ~ D ARK VI K H ~ y ^ ~ ABURY K ~ ~ 3; ~ . . / ~ ~ ~$ w PARK V S( J a zi T n o ~ ~ A ~ I ~ ~ ~~ ~ ~ Q ~ I _ RED BRIAR m !ND v ~ ' SAS, ~^ z T z ~ ./ 9r < PR DTI ~ _/ I ~ A H ~^ I w /•/ / , '"'~Tt~ f ~ ~ I q OF DEER PARK UMDERVmD Raw ( a ' :~c~::. `.- - - r ` ~~~w ~ ~ ~~ . . ,. ,... . . .. ~....... ~,, ~ c ` of t.A. ./ :::;.~ :::;::;:::.; :;~~~ '~. , ` ~ ~` ~° ~ ~ ~ ~~ ~~~ I i p a 3 vl . . yRtIVNING ~'..?, . C ~ -NARY ' OU N ~ - Y ~/ f ' n $ ®. s • . ' . ~ ~~ o D ;;: : ` '~~ Mtl ` R CUT - QPP ~ f g O .. Y Ty ~'~ ' RRR"' ~ _ y ~•'~ O A J7 j: LDNA 7 .tl VAL T V V EU1V00 .... L ~ ~ Y ~ I ~ ~ ~ ## Y 8 - ~ i ~ ~ J / ~ D w ~ ~' _ _ ~ p .. ~i S NS Z _~ o • -- ~ ..'.. ~ I O N a N U D ~ ~ ~ . o ::..'. ~ y ~ ..... W Ol Q ~ EEE a ~ ..rf , r.••; , T V . .. . ~ ~~~'~ ~ ~ a ~. _ _ T ~ '~ x n z . F'-:~ ! 11 .:.i..... '~..L1' i L ~~~~~ ~i~~~j~~ ~~~~~~~ '~ ~ , i February 23, 1998 -----'''--- --- City of LaPorte c/o City Secretary P. O. box 1115 LaPorte, TX 77571 Dear City Secretary: P. O. Sox 42°_6 Houston, TX 77210-4256 400 `JVest Sam Houston Pkwy. So. Houston, Texas 77042-1299 ~ • Sd i~ sy,y78.~ G16~682i;E E. d®0-0A9S+OR7, ~~8. Public Education-Pipeline Safety & Awareness Oow Pipeline Company ~ 1000 County Road 340 Angleton, Texas 77515 - 24-Hour Emergency: 1-800-223-4x12 -_ P.ECYC'.r X09-238-9779, i:u8. 255 hlome: (713) 595-2106 aaa=_=. The Dow Chemical Company is asking that a permit ordinance be granted by the city for the construction of the following pipeline systems located in the city limits of LaPorte. `~ ~ c~-N G'' The ~onsttuctio;~'and ope>"at~gn'o~ a teu a<nch'4~~~I~G~'~pipeline~v~tk~;sits°'maximurri ~~ 3 q / a 3 operating pressure being= 67S-:PS`IG at?a temperature of 70° 'Faiirenfieit. V~/e plan the construction of this system to begin on March 4, 1996. The construction of a twelve inch ~ ~ (12") LPG pipeline with its' maximum operating pressure being 2160 PSIG at ambient 7r• ~ app ~f temperature and an eight inch (~") ethylene pipeline with its' maximum operating pressure._.~ rec~~ being 1440 PSIG at ambient temperature. The construction of the latter two systems are ~~q~os" scheduled to begin sometime in late March or early April 1996. These pipelines will be constructed to meet all Department of Transportation Regulations (Title 49, Code of Federal Regulations, Part 192 ~c 195). ' Enclosed you will find three checks. One in the amount of $500 ($300 permit fee and ~. ~~~~ $200 annual fee) for the HCL pipeline. The other checks are in the amount of $each for the annual fee of the LPG and ethylene pipeline systems. Also enclosed are the maps and drawings of the systems. Thanks in advance for your help in the passage of this permit ordinance. Sincerely, George E. Johnson, Sr. Enclosures rowllnporte.dodmly ~ . DOVN PIPEi_INE COMPANY ....,,~~Q ~6 ~.6~.A~c~~o, cAt.awEU- ~iL a ~ ~ _ LANO~R?&HY-0F. •WAY~,Si~£CfAUST //~//~ ,~_~ Oa~+r`Pipelina Company 400 West Belt South 1 P..0,:8ott 4286 -. , . Houston;°Texas 77210-42t~.' 713/978-3068 ,- -- -.,nm-/o-onn~ • • RESOLUTION 96-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTS, TEXAS, SUPPORTING THE S~1V JACINTO MONUMENT RESTORATION PROJECT AS A SIGNIFICANT HISTORICAL ASSET TO THE CITIZENS OF THE STATE OF TEXAS, HARRIS COUNTY, AND THE CITY OF LA PORTS, AND IS THEREFORE RECOMMENDED FOR FUNDING UNDER THE INTERMODAL SURFACE TRANSPORTATION ENHANCEMENT ACT OF 1991. WHEREAS, the San Jacinto Monument has been designated a National Historic Engineering Landmark by the Nation Park Service in recognition of its unique and outstanding architecture and construction, a designation which elevates its status to national ranking and prestige; and WHEREAS, the Texas Parks and Wildlife Department, desires to apply to the Texas Department of Transportation for restoration funds under the provisions of the Intermodal Surface Transportation Enhancement Act of 1991, (ISTEA); and WHEREAS, the City of La Porte has the authority to pass a resolution in support of this project under the rules and regulations adopted by the governing Commission of the Texas Department of Transportation; and WHEREAS, the City of La Porte recognizes the importance of restoring the San Jacinto Monument National Engineering Landmark to preserve it for future generations; and WHEREAS, the San Jacinto Monument is an essential attraction to draw visitors to San Jacinto Battleground State Historical Park and the surrounding communities and is therefore a vital economic asset to those communities. NOW THEREFORE, BE IT RESOLVED, that the City of La Porte does hereby ENDORSE the Texas Parks and Wildlife Departmerus's application for funding under the Enhancement Program of the Intermodal Surface Transportation Enhancement Act of 1991. APPROVED AND ADOPTED by action of the City of La Porte on the 18th day of March, 1996. / ~- ~ ~?/' ,!C,u-w Ali ~ , • ~ Pob McLaughlin Mayor Pro Tem ATTEST.• Sue Lenes, City Secretary RESOLtTTION 96-03 • Page 2 APPROVED: Gam(/ ~ ~~ Knox W. Askins, City Attorney • • +~`~ L~ ~ ~ ~ '~ ~ ~-~; ~-~ ~` `~' TEXAS T March 6, 1996 Mr. Alan Clark Enhancement Coordinator Houston-Galveston Area Council 3555 Timmons Lane, Suite 500 Houston, Texas 77227 • i Estcl~'~i`,'`1cC~ (1`~ri RE: San Jacinto Monument Restoration -Phase Two Dear Mr. Clark: The City of La Porte shares the concern of the Texas Parks and Wildlife Department for the long- termpreservation of the San Jacinto Monument. The Monument is not only an important symbol for our area and the state of Texas, but it is also a major tourist attraction and, therefore, important to our economic well-being. Please consider this letter an endorsement of Texas Parks and Wildlife Department's application for funding under the Enhancement Program of ISTEA. Sincerely, Qc~.~. ~`. N ~~~ Robert T. Herrera City Manager RTH:cjb ['.~~. I'~~,x l l l~ ~ L,i I'~,ric, l cx~i~ l l~ ~ -- i i l~ " l i l~ l •'-.. -~~'a~ • RE ST FOR CITY COUNCIL AGEND TEM Agenda Date Requested: March 18 1996 Requested By: S. Gillett Department: Public Works XXXX Report Resolution Ordinance Exhibits: Bid Tabulation and Bidders List SUMMARY & RECOMMENDATION Sealed bids were received on February 26, 1996 for the replacement of a loader/backhoe (Utility Division), a 2-1/4 cubic yard wheel loader and a 12 ton pneumatic roller (Street Division). Bids were sent to nine (9) vendors, with eight (8) returning bids. The loader/backhoe included an alternate bid for a crawler/excavator, which would be used in the City's ongoing sewer rehabilitation program. The Utility Division has been renting a crawler/excavator for repair and replacement of sewer lines. Additionally, all three bids included an option for a trade-in. The bids received are very favorable, as well as the trade-in values offered. After careful consideration, it is recommended that the alternate bid for a crawler/excavator be accepted, as well as the trade-ins for each piece of equipment from the low bidders, as follows. ITEM BIDDER BID LESS NET BID BUDGETED TRADE-IN AMOUNT CRAWLER/EXC WOWCO $46,887.26 $14,000 $32,887.26 $44,100.00 WHEEL LOADER CARRUTH- $71,665.00 $13,500 $58,165.00 $85,000.00 DOGGETT 12 TON ROLLER R.B. $40,633.69 $6,000 $34,633.69 $42,000.00 EVERETT Action Required by Council: Award bids for the replacement of heavy equipment as recommended, for a total net cost of $125,685.95. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing XXX Other - Motor Pool Account Number: Various Funds Available: XX YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager • BID TABULATION -HEAVY EQUIPMENT DESGRLPTION 'MUSTANG >~TRACTOR 'STEWART & STEVENSON LANSDQWNE MOODY'CO CARRUTH- OGGETT IND 1)TRACTOR LOADER/BACKHOE $46,556.00 $39,010.00 $35,558.00 $41,207.00 OPTIONAL TRADE-IN ALLOWANCE $8,500.00 $10,500.00 $11,500.00 $12,500.00 TOTAL LESS TRADE-IN $38,056.00 $28,510.00 $24,058.00 $28,707.00 ALTERNATE CRAWLER/EXCAVATOR $64,837.00 NO BID $46,126.00 NO BID OPTIONAL TRADE-IN ALLOWANCE $8,500.00 $11,500.00 TOTAL LESS TRADE-IN $56,337.00 .NO BID $34,626.00 NO BID 2) 2-1/4 CU YD WHEEL LOADER $78,869.00 $80,294.00 NO BID $71,665.00 OPTIONAL TRADE-IN ALLOWANCE $15,000.00 $12,500.00 $13,500.00 TOTAL LESS TRADE-IN $63,869.00 $67,794.00 NO BID $58,165.00 3) 12 TON PNEUMATIC ROLLER $47,586.00 $88,000.00 NO BID NO BID OPTIONAL TRADE-IN ALLOWANCE $4,500.00 $5,500.00 TOTAL LESS TRADE-IN $43,086.00 $82,500.00 NO BID NO BID 'DESCRIPTION ' PRECO MACHINERY '.B. EVERETT & COMPANY° ' H#-WAY ' EQU#AMENT WOWGO; EQU#PMENT'_'> 1) TRACTOR LOADER/BACKHOE $42,816.00 NO BID NO BID NO BID OPTIONAL TRADE-IN ALLOWANCE $12,000.00 TOTAL LESS TRADE-IN $30,816.00 NO BID NO BID NO BID ALTERNATE CRAWLER/EXCAVATOR NO BID NO BID NO BID $46,887.26 OPTIONAL TRADE-IN ALLOWANCE $14,000.00 TOTAL LESS TRADE-IN NO BID NO BID NO BID $32,887.26 2) 2-1/4 CU YD WHEEL LOADER $80,804.00 $79,783.00 $79,830.00 NO BID OPTIONAL TRADE-IN ALLOWANCE $12,000.00 $17,500.00 $20,000.00 TOTAL LESS TRADE-IN $68,804.00 $62,283.00 $59,830.00 NO BID 3) 12 TON PNEUMATIC ROLLER NO BID $40,633.69 NO BID NO BID OPTIONAL TRADE-IN ALLOWANCE $6,000.00 TOTAL LESS TRADE-IN NO BID $34,633.69 NO BID NO BID • BIDDER'S LIST HEAVY EQUIPMENT SEALED BID #0667 CARRUTH-DOGGETT INDUSTRIES, INC 926 E. NORTHBELT HOUSTON, TX 77032 EDGAR MACHINERY CORP. 7700 ROMEA HOUSTON, TX 77028-6045 HI-WAY EQUIPMENT P.O. BOX 14174 HOUSTON, TX 77221 MUSTANG TRACTOR & EQUIPMENT P.O. BOX 1373 HOUSTON, TX 77251-1373 R.B. EVERETT P.O. BOX 327 HOUSTON, TX 77001 WOWCO EQUIPMENT CO. 5430 HWY 146 BAYTOWN, TX 77520 ATTN: BILL WALLACE/SHIRLEY 383-3100 LANSDOWNE MOODY 1600 FM 528 WEBSTER, TX 77598 PRECO MACHINERY SALES P.O. BOX 12625 HOUSTON, TX 77217 STEWART & STEVENSON JOHN DEERE DIVISION 10100 NORTH LOOP EAST CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 BAYSHORE PUBLISH DATES: FEBRUARY 4, 1996 FEBRUARY 11, 1996