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1996-07-22 Regular Meeting
• t ~ ~ MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JULY 22, 1996 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 Mike Cooper, Bob Thrower, Bob McLaughlin, Alton Porter, Deotis Gay, and Jerry Clarke Members of Council Absent: Councilpersons Guy Sutherland and Jack Maxwell Members of City Staff Present: City Manager Robert T. Herrera, City Attorney Knox Askins, City Secretary Sue Lenes, Assistant City Manager John Joerns, Director of Finance/ACM Jeff Litchfield, Director of Administrative Services Louis Rigby, Director of Planning Guy Rankin, Police Chief Bobby Powell, Assistant Finance Director Cynthia Alexander, Others Present: Mr. John McLemore representing Houston Lighting and Power Company and several La Porte citizens 2. INVOCATION BY REV. HENRY WALKER -PLEASANT HILL BAPTIST CHURCH The invocation was given by Rev. Henry Walker, Pastor of Pleasant Hill Baptist Church, La Porte, Texas CONSIDER APPROVING MINUTES OF REGULAR MEETING JUNE 24, 1996 Motion was made by Councilperson Thrower to approve the minutes of June 24 as presented. Second by Councilperson Cooper. The motion carried, 6 ayes, 0 nays and 1 abstain. Ayes: Councilpersons Cooper, Thrower, Porter, Gay, Clarke and Mayor Malone Nays: None Abstain: Councilperson McLaughlin 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL There were no citizens wishing to address Council. 5. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING AND CLOSING THE RIGHT-OF-WAY OF SOUTH 15th STREET BETWEEN BLOCKS 1094 AND 1095 FOR BPM PARTNERS AND BRUCE ANGEL (Ord. 96-2122) - G. Rankin Director of Planning Guy Rankin brought to Council's attention Item 5 and Item 6 are part two of an item handled at the June 24th meeting. They address the closing of the remainder of 15th Street for Bruce Angel and BPM Partners for the development of a new enterprise. Mayor Malone read: ~ ~ Minutes of Regular Meeting La Porte City Council July 22, 1996, Page 2 6. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 1095, TOWN OF LA PORTS FOR BPM PARTNERS AND BRUCE ANGEL (Ord. 96-2123) - G. Rankin Director of Planning Guy Rankin reviewed the summary and recommendation for both Item 5 and Item 6. Mr. Rankin stated, "The estimated closing for the 30 foot right-of--way is $8,333.98 which is half of the right-of--way cost. The other half was in exchange fora 40 foot right-of--way on 16th Street. $3,792.30 is the estimated value for the closing of the alley of Block 1095 for a total of $12,126.28. " Mr. Rankin clarified for Councilperson Thrower that BPM Partners are represented by John Clayton who did the initial development of Fairporte Green which is south of the Kroger development. City Attorney read: ORDINANCE 96-2122 - AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF SOUTH 15TH STREET, TOWN OF LA PORTS, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. City Attorney read: ORDINANCE 96-2123 - AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 1095, TOWN OF LA PORTS, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilperson McLaughlin asked for clarification of where this property is located. City Manager Robert T. Herrera indicated that Council should prepaze itself to see more of these requests for street and alley closings especially azound the Kroger site and anywhere between a block to three blocks in either direction. He stated, "We have had a lot of interest but do not known what development may take place." Motion was made by Councilperson Gay to approve Ordinance 96-2122. and Ordinance 96-2123 as read by the City Attorney,. Second by Councilperson McLaughlin. The motion cazried, 7 ayes, and 0 nays. Ayes: Councilpersons Cooper, Thrower, McLaughlin, Porter, Gay, Clazke and Mayor Malone Nays: None 7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING THE RE-CONVEYANCE OF A 4.069 ACRE TRACT OF LAND IN THE FORMER BAYSHORE MUNICH'AL UTILITY DISTRICT, TO THE CARLA COMPANY, ET AL (Ord. 96-2124) - G. Rankin Minutes of Regular Meeting La Porte City Council July 22, 1996, Page 3 • Director of Planning Guy Rankin reviewed the summary and recommendation for the request and answered question and concerns of Council. City Attorney Knox Askins explained, "There is strong language in the Quit Claim Deed negativing any warranty as to the condition of the property environmental or other wise. That is an important issue, and we did not want any come back on the City. It is our understanding Bay Port Industrial, which has the plant on McCabe Road, is the purchaser of this property and probably will be coming to Council asking you to expand his Industrial District so he can expand his operation." City Manager Robert T. Herrera reported that before the City Council would entertain the idea to bring in the former Bay Mud district the City had testing performed on that tract site where the treatment and/or transmittal of sewage was provided. The testing came back negative. City Attorney read: ORDINANCE 96-2124 - AN ORDINANCE MAKING FINDINGS OF FACT; AUTHORIZING THE RE-CONVEYANCE BY REVERTER OF A 4.069 ACRE TRACT OF LAND IN THE FORMER BAYSHORE MUNICIPAL UTILITY DISTRICT, TO THE CARLA COMPANY, ET AL; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Counciloerson McLauahlin to aAnrQVe.Ordinance 96-2124 as re City Attorney,. Second by Councilperson Clarke. The motion carried, 7 ayes, and 0 nays. Ayes: Councilpersons Cooper, Thrower, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: None S. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND JOHNNY WEHBA BACKHOE SERVICE FOR CONSTRUCTION OF A (12") WATER LINE IN THE WEST "K" STREET RIGHT-OF-WAY (Ord. 96-212a~ - G. Rankin Director of Planning Guy Rankin reviewed the summary and recommendation for the request and reported the total price of the contract for construction of the water line would be $20,002.50. City Manager Robert T. Herrera and Assistant City Manager John Joerns answered questions from Council. Mr. Herrera reported, "The City may have to take a lead role and put in some additional infrastructure, whether it be water lines or sewer lines, in order to develop some economic development for the City of La Porte. We will come back in the budget process with something in that regard." City Attorney read: ORDINANCE 96-2125 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND JOHNNY WEHBA BACKHOE SERVICE, FOR CONSTRUCTION OF A TWELVE INCH (12") WATER LINE IN THE WEST "K" STREET RIGHT-OF-WAY; APPROPRIATING $20,002.50 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. • Minutes of Regular Meeting La Porte City Council July 22, 1996, Page 4 • Motion was made by Councilperson Clarke to approve Ordinance 96-2125 as read by the City Attornev. Second by Councilperson Porter. The motion carried, 7 ayes, and 0 nays. Ayes: Councilpersons Cooper, Thrower, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: None 9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING ORDINANCE 1637 ADOPTING A NEW ELECTRICAL CODE FOR THE CITY OF LA PORTE (Ord. 96-1637-A) - G. Rankin Director of Planning Guy Rankin reviewed the summary and recommendation for amending the Cities Electrical Code, Part 2, Article II, Section 6.01(a) which states that Houston Lightning and Power Company will approve the meter cabinets and meter sockets. This provision changes HL&P's responsibility from furnishing those items to approving those items as furnished by the contractor. The contractor is now allowed to purchase those from a supplier of his choice and does not have to go to HL&P for that purchase. Mr. Rankin introduced Mr. John McLemore from HL&P who answered questions from Council. City Manager Robert T. Herrera and Planning Director Guy Rankin answered questions from Council. City Attorney read: ORDINANCE 96-1637-A - AN ORDINANCE AMENDING SECTION VI OF THE ELECTRIC CODE OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE FINED IN ANY SUM NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00); CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to ao~rove Ordinance 96-1637-A as read by the City Attorney Second by Councilperson Porter. The motion carried, 6 ayes, and 1 nay. Ayes: Councilpersons Cooper, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: Councilperson Thrower 10. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING ORDINANCE 95-2079, AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES, BY ADOPTING THE MOST RECENT APPROVID ADDITIONS OF THE STANDARD BUILDING CODE, 1994 EDITION, AND APPENDICES, WITH AMENDMENTS (Ord. 96-2079-A) - K. Askins Minutes of Regular Meeting La Porte City Council July Z2, 1996, Page 5 LJ City Attorney Knox Askins reviewed the summary and staff's recommendation for the request. Mr. Askins reported the adoption of the most recent approved edition of the Standard Building code, 1994 Edition, has sections in conflict with the City of La Porte Personnel Policy Manual. Those conflicting sections are Section 102.2.1, Building Official Qualifications, and 102.2.2, Chief Inspector Qualifications. They had to do with rights of appeal in the event of terminations of those types of building officials. By deleting conflicting language the City no longer has a conflict with the City's basic Personnel Policy. Motion was made by Councilperson Clarke to ap-prove Ordinance 96-2079-A. Second by Councilperson Gay. The motion carried, 7 ayes, and 0 nays. Ayes: Councilpersons Cooper, Thrower, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: None 11. CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTS SUPPORTING THE 1972 BAN ON OCEAN DISPOSAL OF NUCLEAR WASTE (Res. 96-OS) -Mayor Malone City Attorney read: RESOLUTION 96-05 - A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTS, TEXAS, SUPPORTING THE 1972 BAN ON OCEAN DISPOSAL OF NUCLEAR WASTE. Motion was made by Councilperson Cooper to approve Resolution 96-05 Second by Councilperson Thrower. The motion carried, 6 ayes, 0 nays, and 1 abstain. Ayes: Councilpersons Cooper, Thrower, McLaughlin, Gay, Clarke and Mayor Malone Nays: None Abstain: Councilperson Porter 12. ADMINISTRATIVE REPORTS A. EMPLOYEE BANQUET SATURDAY, JULY 27, 1996 City Manager Robert T. Herrera reminded Council the Employee Banquet will be held this Saturday night at Sylvan Beach Pavilion. Mr. Herrera reported the employees feel it is important to have the opportunity to talk to and visit with City Council members. If you have the opportunity to come by and make an appearance it will be appreciated. 13. COUNCIL ACTION Councilpersons Cooper, Thrower, McLaughlin, Porter, and Gay brought items to Council's attention. • Minutes of Regular Meeting La Porte City Council July 22, 1996, Page 6 • 14. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT' OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. SECTION 551.074 -(PERSONNEL) MEET WITH CITY MANAGER AND CITY ATTORNEY REGARDING PERSONNEL MATTER(S) IN THE POLICE DEPARTMENT Council retired into executive session at 6:41 P.M. under A.) Section 551.074, Personnel, meet with the City Manager and City Attorney regarding personnel matter(s) in the Police Department. Council returned to the table and reconvened the meeting at 7:27 P.M. with no action taken. 15. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERID IN EXECUTIVE SESSION There was no consideration for this item. 16. ADJOURNMENT There being no further business to come before Council, the meeting duly adjourned at 7:28 P.M. Respectfully submitted, C~. ~s~.~„-,_ Sue Lenes, City Secretary Passed and Approved this the 12th day of August, 1996 ~ ~~~~~ `~~~ ~ Norman L. Malone, Mayor • REST FOR CITY COUNCIL AGENDA I~ Agenda Date Requested: July 22. 1996 Requested By: Guv Rankin ~~11L Department: Planning Report Resolution X Ordinance Exhibits: 1. Ordinance 2. Area Map MMARY MMENDATI N The City has been petitioned by B. P. M. Partners, to close, vacate, and abandon the South 15th Street right-of-way between Blocks 1094 and 1095, Town of La Porte, and the sixteen foot (16') wide alley located within Block 1095, 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 have reviewed the request and determined that the City does not have any immediate or future plans to utilize the right-of-way nor the alley in question. In closing the right-of-way of South 15th St. as mentioned above, the West half of the right- of-way (30' wide), will revert to Mr. Bruce Angel as part of the exchange previously agreed upon for his dedication of the West 40' of Lots 7-16, Block 1094, Town of La Porte, which allows for future widening of South 16th St. (Powell Rd.). Monies will be collected from the sale of the East half of South 15th St. as well as the alley of Block 1095 to the applicant, BPM Partners, Inc.. Staff has calculated the fair market value of the East half of the South 15th St. right-of-way (7,110 sq. ft.) and the alley of Block 1095 (4,105 sq. ft.) per terms set forth in the Code of Ordinances. The appraised value for the East half of South 15th St. equals 58,333.98 and 53,792.30 for the alley of Block 1095 for a total of 512,126.28. Recommendation Staff recommends approval of this request subject to the payment of 512,126.28 from BPM Partners, Inc. to the City of La Porte within 30 days of council approval of the ordinance. Action Required by Council: Consider approval of an ordinance granting the closure of the South 15th Street right-of-way between Blocks 1094 and 1095, Town of La Porte and an ordinance granting the closure of the alley of Block 1095, Town of La Porte. Availability of Funds: N/A _ General Fund _ Capitallmprovement _ Other Account Number: _ Water/Wastewater _ General Revenue Sharing Funds Available: YES NO Aanroved for Citv Council Agenda Robert T. Herrera City Manager DATE • • ORDINANCE NO. 96-2122 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF SOIITH 15TH STREET, TOWN OF LA FORTE, HARRIS COIINTY, TEBAB; FINDING COMPLIANCE WITH THE OPEN MEETINGS 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 South 15th Street, Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of South 15th Street, 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 South 15th Street, 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 South 15th Street, 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 South 15th Street, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF LA FORTE: 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 South 15th Street, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned and closed by the City of La Porte, to-wit: • • ORDINANCE NO. 96-2122. PAGE 2 That portion of the right-of-way of South 15th Street in the Town of La Porte, Harris County, Texas, lying and being situated between Block One Thousand Ninety-four (1094) and Block One Thousand Ninety-five (1095), Town of La Porte, Harris County, Texas, and between the north right-of-way line of West "K" Street, and the south right-of-way line of Fairmont Parkway, in the Town of La Porte, Harris County, Texas, and containing 14,220 square feet . 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. Applicant shall have thirty (30) days from the effective date hereof to pay the City of La Porte, in certified funds the sum of $8,333.98 as consideration hereunder. The City Secretary shall not issue a certified copy of this Ordinance until such payment is made. If such payment has not been made within thirty (30) days from the effective date hereof, this Ordinance shall be null and void. ORDINANCE NO. 96-2122 PASSED AND APPROVED, this 22nd day of July, 1996. PAGE 3 CIT OF LA PORTE By: Orman L. Ma one, Mayor ATTEST: Sue Lenes, City Secretary APPROVED : ~~ Knox W. Askins, City A torney • • N.T.S. PROPOSED STREET & AL1EY CLOSING WEST FAIRMONT PARKWAY r--r ~ ~ L-------a i1~----------- ~~ ~~ ---- -- -- -------- -- ---------- ---------- ~ i ~ ~ ------------ -------- i i i 7 -- ~. s o cfl i i i i --------a~~------------- ---- ' -------- ~ -- ---------- ~ i i~, N ~ ________iV~____________ G ____ ________ ~ _ ___________ ~ ~ ~ CD ~ ~ ~ ~ ~ ________~ {-_______.____ ~ ~ ~ ,~ ____ _______. e _ $ __________ ~. _ ~ • ~ i --------y r------------ i i i g$ J6 ~ ~ 17 ---- 16 17 L_ WEST "K" ST. (60' R/W) 40' STRIP DEDICATED FOR FUTURE WIDENING OF SOUTH 16th ST. SAC- 9b-Ob EXHIBIT "A" • • ORDINANCE NO. 96-2123 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 1095, TOWN OF LA PORTE, HARRIS COIINTY, TEBAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS 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 alley in Block 1095, Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close the alley in Block 1095, 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 alley in Block 1095, 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 the alley in Block 1095, 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 alley in Block 1095, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF LA PORTE: 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 alley in Block 1095, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned and closed by the City of La Porte, to-wit: Being the alley in Block One Thousand Ninety-five (1095), Town of La Porte, Harris County, Texas, as shown on the map attached hereto as Exhibit "A". • • ORDINANCE NO. 96- 2123 PAGE 2 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. Applicant shall have thirty (30) days from the effective date hereof to pay the City of La Porte, in certified funds the sum of $3,792.30 as consideration hereunder. The City Secretary shall not issue a certified copy of this Ordinance until such payment is made. If such payment has not been made within thirty ( 3 0 ) days from the effective date hereof, this Ordinance shall be null and void. PASSED AND APPROVED, this 22nd day of July, 1996. C T OF LA PORTE By: N an Ma ne, Mayor :~ ORDINANCE NO. 96- 2123 ATTEST: Sue Lenes, City Secretary PAGE 3 N.TS. WEST FAIRMONT PARKWAY F 40 ~-------a ~¢----------- ~I --------~ r------------ ~ 1 I 1 I I -------~ ~------------ - I I o I I I a~~ `~ I ------------ -------- I~ I ice, r--~ ~~~_~. N 1 Iti I ~ I I I -.-- Ca I ~ I --------J L-___---______ I I I ~ I I 1 --------1 r------------ 1 ~ 1 ---------- -------- ~ -- 16 I 117 L-~,- WEST "K" ST. (60' R/W) 40' STRIP DEDICATED FOR FUTURE WIDENING OF SOUTH 16th ST. PROPOSED STREET & AILEY CLOSING l6 ----- ---~17 SAC-9b-06 0 v ~~~ N ~' ------------.1 v~ EXHIBIT "A" • REO~T FOR CITY COUNCIL AGENDA I,~ Agenda Date Requested: July 22, 1996 Requested By: Guv Rankin ~h Department: Planning Report Resolution X Ordinance Exhibits: 1. Ordinance , 2. Area Map ~ y~~/,~y /Y~ In 1962, a deed was executed to the Bayshore Municipal Utility District fora 4.069 acre tract of land to be used for the express purpose of providing a site for the treatment and/or transmittal of sewage from Bayshore M.U.D.. According to the deed, this tract will revert to the grantors in the event that the utility district ceases to utilize this property for the stated purposes. Bayshore M.U.D. ceased to utilize this property prior to its annexation by the City of La Porte. Staff has determined that the City has no current or future need of the property for the transmittal or treatment of sewage and that this property has reverted to the original grantors in the deed by operation of law. Recommendation Staff recommends the execution of a Quit Claim Deed from the City of La Porte to the grantors of the original deed conveying ownership to the former Bayshore M.U.D.. Action Required by Council: Consider approval of an ordinance authorizing the re-conveyance by reverter of a 4.069 acre tract of land in the former Bayshore Municipal Utility District, to the Carla Company, et al. Availability of Funds: N/A _ General Fund Capitallmprovement _ Other Account Number: Water/Wastewater General Revenue Sharing Funds Available: YES NO Auproved for Citv Council Agenda q L~ Robert T. Herrera DATE City Manager • • ORDINANCE NO. 96 2124 AN ORDINANCE HARING FINDINGS OF FACT; AIITHORIZING THE RE-CONVEYANCE BY REVERTER OF A 4.069 ACRE TRACT OF LAND IN THE FORMER HAYSHORE MIINICIPAL IITILITY DISTRICT, TO THE CARLA COMPANY, ET AL; 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. In 1962, the Carla Company, Francis Investment Company, and Houston Realty Sales Company executed a deed to Bayshore Municipal Utility District, of a 4.069 acre tract of land on the Southern Pacific Railroad right-of-way, near the intersection of new Highway 146 at Shoreacres Boulevard, for the specific use as a tract for treatment and/or transmittal of sewage. The deed, which is recorded under Harris County Clerk's file No. B617065, and a copy of which is attached hereto as Exhibit "A", incorporated by reference herein, and made.a part hereof for all purposes, contains a right of reverter when such use ceases. Section 2. Bayshore Municipal Utility District ceased to use the property for the stated purposes, prior to its annexation by the City of La Porte, and the City Council of the City of La Porte finds that the City of La Porte has no need to use the property for the transmittal or treatment of sewage. Therefore, this tract of land has reverted to the grantors in the deed, by operation of law. Section 3. The City Manager is hereby authorized to execute, and the City Secretary is authorized to attest the execution of a deed in form attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the • ORDINANCE NO. 96-2124 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 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 22nd day of July, 1996. CITY OF LA PORTE By: o L. M to , Mayor ATTEST: Sue Lenes, City Secretary APPROVED: %c-~ '~ ~G Knox W. Askins, City Attorney • ~~ t•, ~z cit,1.' 06:i ~ ' STATE OF TEXAS COUP~I'Y OF IIARRIS U~C•Pd~52 i s b l o y X X X ~61TQ65 • irEEll ~~1 i r~,., B PQ 2.65 -;r_,.__-.- K1vOW ALL MEIv BY '1'IiESE PRESENTS: Thai: .the Carla Company, acting by and throuyh its duly authorized officers, and acting for itself and as agent and attorney-in-fact for Francis Investment Company and Ilotiston Realty Sales Company, all of said companies being duly incorporated, oryanized and doing business under the laws of the State of Texas, of the County of Harris, State of Texas, for .1F• and in consideration of the swn of Ten Dollars ($10.00) and other valuable considerations, to it in hand paid .~ry the Bayshore Municipal Utility District, receipt of ~ ~.. which is hereby acknowledged, has Granted, Sold and Con- veyed, and by these presents does Grant, Sell and Convey unl-o the said l3aysllore Municipal Utility District, of the County of Harris, State of Texas, all that certain lot, tract or parcel of land, lying and being situated t in the County of Harris, State of Texas, described as follows, to-wit: ._r.> A tract of land out of the W. P. Harris Survey, Abstract 30, Harris County, Texas, said tract being out of two parcels of land conveyed to Hoiraton Rea1L•y Sales Company, one of such parcels being a 62.512-acre tract described in t2ie Deed recorded in Vol. 4498, Page 205, of the Deed Records of Harris County, Texas, to which reference is here made for all purposes, and the 'second tract being a 52.4-acre tract described in that Deed Re- corded in Vol. 4499, Page 156, of the Deed Records of fiarris County, Texas, to which reference is here made for all purposes, and the tract con- veyed herein being more particularly described as follows: Beginning at a one-inch iron pipe marking the southwest corner of tYie said 62.512-acre tract, ~; said corner being in the east right-of-way of °' the GEi & SA Railroad; :_' w -`.~~ '•; _.•~ ;' m 0 '~r:.I ,.~- x W "'yp • • -, .. {~ -2 4111 ~iJ(j~ f••d ~)1I Thei,ce t~. 7010' 32" W. wit]- said east right-of-way, at 502.83 feet pass a three-inch iron pipe for the northwest corner of the said 62.512 acre-tract and the southwest corner of the 52.4-acre tract, in all ""' 604.92 feet to an iron rod for the northwest corner =, ~ of the tract being described; I Thence S. 89059'45" E. 390.86 feet to an iron rod ... •-, for the northeast corner of the tract being des- i . J v cribed; ;k G it ~ Thence S. 10°44'58" W. 610.69 feet to an iron ro:: for the southeast 'corner of the tract being des- cribed„ said corner being in the south line o>_ the said 62.512-acre tract; Thence ti. 89059'45" W. with said line a distance of 200.0 feet to the place of beginning and con- taining 4.069 acres of land. Provided, however, that this conveyance shall be effective only so long as the tract herein conveyed is used by the said Bayshore Municipal Utility District, its successors and assigns, for the treatment and/or transmittal of sewage, and in the event that suc:- District, its successors and assigns, permanently abandon and ceases to use the said tract herein conveyed for the treatment and/or trans- mittal of sewage, then and in that event, the property herein conveyed shall, without entry or suit, immediately revert to and invest in the Grantor herein, its successors and assigns, and this conveyance shall be null and void, and Grantor, its successors and assigns shall be entitled to immediate possession of the said premises. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights at~d appurten- ances thereto in anywise belonging unto the said Bayshore Municipal Utility District, its successors and assigns forever; and it does hereby bifid itself, its successors and assigns, to Warrant and Forever Defend all and sing- ular the said premises unto the said Bayshore 6unicipal Utility District, its successors and assigns, against • • -3~• X r every person whomsoever lawfully claiming, or to claim the same or at-y part thereof. In testimony whereof, the Carla Company has caused these presents to be executed by the undersigned officers, and its cotJmton seal hereunto affixed, this the ~ l /! day of _ ~)F. ~F •,~,! f~ •~~ 196 %:. CAR//LA COMPANY i ,~~''"~ .. W. T. Carter, III, President ~~ ~~ ~•(S~l-fi) ti ti I ~ : ATTE9R~: . ~;;; ~~";y~c~b?y;• N. Carter, Secretary .... -~, STATE OF TEXAS X - COUI~TTY OF HARRIS X Before me, the undersigned authority, on this day personally appeared W. T. Carter, III, President of •;C?~la Company, known to me to be the person whose name :~,:~,.L~• pµbscribed to the foregoing instrument, and acknow- '• •'`.'•~;,-r ;~;,,1~~~43. i:o me that he executed the same for the purposes "'•~~,=.~:''afid ;consideration therein expressed, as the act and •-!. i `de~d':o#:. said Corporation and in the capacity therein •;•~.`~ ~ Given under tay hand and seal of office, this ''~•~~.r;.~~t~ie~.~ day of - ~h c I'i•, h-.- 196 t Notary Public in and for Harris County, Texas .,,« :C ( j .. . j .,:.. Y: ~.. Y• 1" ~. A.,~. . J. L. JU':is, t:'ta:~' Puul,c. Itan~s t:ouoty, Tef~a • QUIT CLAIM DEED ~ ~~ ~ ~~ THE STATE O F TEXAS { ~ ~" { ~ ~ . ~ ~, ~ COUNTY OF HARRIS { ~ ~ ~ s"' ~"-~ ~ ~, r That the CITY OF LA PORTE, a municipal corporation, for and in consideration of the sum of Ten Dollars ($10.00) cash and other good and valuable considerations, the receipt of which is hereby acknowledged, does, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said CARLA COMPANY; FRANCIS INVESTMENT COMPANY; and HOUSTON REALTY SALES COMPANY, 333 Clay Avenue, Suite 3494, Houston, Texas 77002, their successors and assigns, all of its right, title and interest in and to that certain lot, tract or parcel of land lying in the County of Harris and State of Texas, described as follows, to-wit: A tract of land out of the W.P. Harris Survey, Abstract 30, Harris County, Texas, said tract being out of two parcels of land conveyed to Houston Realty Sales Company, one of such parcels being a 62.512-acre tract described in the Deed recorded in Vol. 4498, Page 205, of the Deed Records of Harris County, Texas, to which reference is here made for all purposes, and the second tract being a 52.4-acre tract described in that Deed recorded in Vol. 4499, Page 156, of the Deed Records of Harris County, Texas, to which reference is here made for all purposes, and the tract conveyed herein being more particularly described as follows: ' Beginning at a one-inch iron pipe marking the southwest corner of the said 62.512-acre tract, said corner being in the east right-of-way of the GH & SA Railroad; Thence N. 7°18'32" W. with said east right-of-way, at 502.83 feet pass a three-inch iron pipe for the northwest corner of the said 62.512 acre-tract and the southwest corner of the 52.4-acre tract, in all 604.92 feet to an iron rod for the northwest corner of the tract being described; EXHIBIT B • • Thence S. 89°59'45" E. 390.86 feet to an iron rod for the northeast corner of the tract being described; Thence S . 10 ° 44 ' 58" W . 610.69 feet to an iron rod for the southeast corner of the tract being described, said corner being in the south line of the said 62.512-acre tract; Thence N. 89°59'45" W. with said line a distance of 200.0 feet to the place of beginning and containing 4.069 acres of land. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said CARLA COMPANY; FRANCIS INVESTMENT COMPANY; and HOUSTON REALTY SALES COMPANY, their successors or assigns, forever, so that the CITY OF LA PORTE, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. THE PROPERTY IS HEREBY CONVEYED "AS IS", "WHERE IS" AND WITH ALL FAULTS AND GRANTOR MAKES NO REPRESENTATIONS OR WARRANTY WHATSOEVER WHETHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE PROPERTY, THE AVAILABILITY OF UTILITIES, ACCESS OF THE PROPERTY TO PUBLIC ROADS, APPLIANCES OR THE CONDITION, ADEQUACY OR SUITABILITY OF THE PROPERTY FOR PURPOSES. GRANTEE AGREES THAT GRANTEE IS NOT RELYING ON ANY WARRANTY OR REPRESENTATIONS OF GRANTOR OR ANY AGENT, EMPLOYEE, REPRESENTATIVE, DIRECTOR OR OFFICER OF GRANTOR, AND THAT GRANTEE IS BUYING THE PROPERTY "AS IS", "WHERE IS", SUBJECT TO ALL FAULTS AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, MATERIALS, WORKMANSHIP, GOOD AND WORKMANLIKE CONSTRUCTION, DESIGN, CONDITION, HABITABILITY, TENANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR THE ENVIRONMENTAL CONDITION OF THE PROPERTY AND THE PRESENCE OF OR CONTAMINATION BY HAZARDOUS MATERIALS AND GRANTOR HEREBY DISCLAIMS ANY SUCH WARRANTY. GRANTEE HAS DETERMINED ON GRANTEE'S BEHALF (I) THE PHYSICAL CONDITION OF THE PROPERTY AND THAT THERE IS NO DEFECT OR CONDITION WHICH IS UNACCEPTABLE TO GRANTEE, (II) WHETHER ANY PORTION OF THE PROPERTY LIES IN ANY FLOOD PLAIN, FLOOD WAY OR SPECIAL FLOOD HAZARD AREA, (III) WHETHER ANY GEOLOGICAL FAULT OR UNSATISFACTORY SOIL CONDITION EXISTS ON ANY PORTION OF THE PROPERTY, AND (IV) THAT ALL ENVIRONMENTAL CONDITIONS RELATING TO THE PROPERTY ARE ACCEPTABLE TO GRANTEE. • WITNESS MY HAND, this day of 1996 CITY OF LA PORTE ATTEST: SUE LENES City Secretary STATE OF TEXAS { { COUNTY OF HARRIS { By: ROBERT T. HERRERA City Manager This instrument was acknowledged before me on the day of 1996, by ROBERT T. HERRERA, City Manager of the CITY OF LA PORTE, a municipal corporation, on behalf of the City, in the capacity therein stated. Notary Public, State of Texas AFTER RECORDING RETIIRN TO: ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 PREPARED IN THE LAW OFFICE OF: ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 (.J ,~ 1 j/ `1 N ~ • O 1 r U n rn ~. ~ .~ '~ ~ ~ ~ / ~i r 1 Vq (~ o ±' 8A v$ n „ n ~ N ~ P O ~ 04J-2aa-001-0127 w 18.1551 AC ~\ 1 ~ ~ o /~ ~, ~~ i ~~ / o T 30C°r u ~ n ~ u % rn ~ O ~ -a / \ A ~ ~ 1 ~~ ~~ ~\ ~ '~' ~ 330.74 i% j ~ ;~ 10A i ~ 1 ~ 4 '{ 1 - tl i ~ 1 ~ ~~ ~ ~ ~ ~ ~~ to '' 'r. ~ ~ :t'; ~ ~~ '~ 1~ ~ ' ~~, ~ _ 1 ., ll ti pa0-2aa-AOt-CC23 ra ~rnl Y"v 1 ~ '~ '~ { / ~ `,~ ~ t .4 1 ~: ~ ~1 ~`~ ~ 1 `T F-JClaT. z ~ ~ ~ O~ 200 T1 ~~L1mi~ Lim - - ~L 1 ~ A ~t `~ .T t 1 ; '1 ~ ' N ''--- ~ ~ ' a -oocs ~ _ lP N ~'/ 11+1 11 O __ti 1 O X25•' -~- t -, l] 1 U ~ !1 -~UOI ~ ~ ~ C m W ^1~ ~ 1 ~' ~~ ~ N ~ ~ ~~~ ~ ~~ • D FARR/N~roN ~ et ~o. 0 z z -~ ~- z ~ ~= D ~ ~ z ~ _ D DRIFTWOOD DR. 0 0 0 0 BAY AREA BLVD. POWELL RD. S.H. 146 Q D ~ ~ ~~ *1 rn -~ r i z ~ U o BROADWAI~ ~d5 oy~~dC t" A y ~C • 0 RE~1UEST FOR CITY COUNCIL AGENDA I~ Agenda Date Requested: July 22. 1996 Requested By: Guv Rankinl~~ Department: Planninsa Report Resolution X Ordinance Exhibits: 1. Ordinance 2. Bidder's List 3. Bid Tabulation 4. Area Map On May 24, 1996, Bruce Angel made application for a building permit for 1601 Fairmont Parkway, a proposed Diamond Shamrock convenience store at the southeast corner of Fairmont Parkway and South 16th Street. Front foot fees were collected in accordance with Ordinance 759 for both water and sewer. Water front foot fees and connection charges total 52,882.95. In the interest of engineering feasibility, it was determined to be more advantageous to extend a main in the West "K" Street right-of-way than to bore and jack Fairmont Parkway. This waterline will provide water service to the properties along the south side of Fairmont Parkway from South 16th Street to South 13th Street. The development along the south side of Fairmont Parkway will require adequate fire protection and improved water distribution. This waterline extension will provide enhanced opportunities for development. The extension places the City in a position to eventually loop the south side of Fairmont Parkway from South 13th St. to South 18th St. This 12" line represents oversizing of the 8" line required by the City's Fire Code. The project should support the development of at least four new businesses, upon which the City will be paid front foot fees. The City received four (4) bids for construction of the main on 7/11 /96. The low bidder was determined to be Johnny Wehba Backhoe Service, in the amount of 520,002.50 ISee bid tabulation attached). Recommendation Award the contract for construction to Johnny Wehba Backhoe Services in the amount of 520,002.50. Action Required by Council: Adopt an ordinance authorizing the City Manager to enter into a contract with Johnny Wehba Backhoe Service in the amount of 520,002.50. Availability of Funds: _ General Fund _ Water/Wastewater ~_ Capital Improvement _ General Revenue Sharing Other Account Number: 003-725-600-100 Funds Available: X YES NO Aouroved for Citv Council Agenda City Manager • • ORDINANCE NO. 96-2125 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA FORTE AND JOHNNY WEHBA BACRHOE SERVICE, FOR CONSTRIICTION OF A TWELVE INCH (12") WATER LINE IN THE WEST "R" STREET RIGHT-OF-WAY; APPROPRIATING $20,002.50 TO FUND SAID CONTRACT; HARING VARIOIIS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: 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 $20,002.50 from the Capital Improvement Fund Account No. 003-725-600-100 to fund said contract. 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. NO. 96-2125 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 22nd day of July, 1996. CITY OF LA PORTE By: o an al ne, Mayor ATTEST: e e:R~.~-.2~ Sue Lenes, City Secretary APPRO Knox W. Askins, City Attorney • CITY OF LA PORTE WEST "K" STREET 12" WATER LINE CLP PROJECT NO. 96-6102 Advertising The Bayshore Sun -June 26, 1996 & July 3, 1996 Faxed Bid Notice to: Chamber of Commerce Folks Construction 111 N. Broadway La Porte, TX 77571 R.L. Utilities PO Box 1154 La Porte, TX 77572-1154 Moore & Moore General Contractors PO Box 1517 La Porte, TX 77572-1517 FORCE Corporation PO Box 1079 La Porte, TX 77572-1079 Furlow Services PO Box 853 La Porte, TX 77572-0853 Pas-Key Construction Services, Inc. 2129 Preston Pasadena, TX 77502 Vicon Services PO Box 1227 Katy, TX 77492-1227 Kinsel Construction 401 E. Witcher Houston, TX 77076 P.M. Construction 7704 E. Erath Houston, TX 77012 H2O Services, Inc. 22557 Aldine Westfield, Suite 102 Spring, TX 77373 CONTRACTORS THAT PICKED UP PLANS AND SPECIFICATIONS Wehba Baclchoe PO Box 12733 Houston, TX 77217 R.L. Utilities PO Box 1154 La Porte, TX 77572 Pas-Key Construction Services 2129 Preston Pasadena, TX 77502 Furlow Services PO Box 855 La Porte, TX 77572-0855 Ken's Hometown Plumbing PO Box 73 La Porte, TX 77572-0073 • Sheetl • West "K" Street 12" Waterline Bid Tabulation 0 ~ ~ o ~ PQ U ~ ~ o ~ a ~ ~ a Item ~ a 12" C-900 S 14,752.50 $ 14,668.20 S 15,148.71 $ 16,649.25 Fire H Brant $ 3,200.00 $ 3,431.70 S 3,100.00 $ 4,200.00 12" Plu $ 200.00 $ 404.24 $ 200.00 $ 300.00 12" Valve $ 900.00 $ 751.14 $ 1,000.00 $ 1,000.00 Wet Connect S 200.00 $ 499.13 $ 800.00 $ 250.00 2" Service Ta $ 500.00 $ 224.87 $ 500.00 $ 750.00 3/4" Service Ta $ 250.00 S 101.18 $ 250.00 $ 300.00 BASE BIDS: S 20,002.50 S 20,080.46 S 20,998.71 $ 23,449.25 0 ~ ~ ~ v o U ~~ v a w ~ ~ ~ UNIT COST ~ ~ ~°, a TABULATION w ~' AG 12" C-900 843 LF $ 17.50 $ 17.40 $ 17.97 $ 19.75 Fire H Brant 2 EA S 1,600.00 S 1,715.85 $ 1,550.00 $ 2,100.00 12" Plu 2 EA S 100.00 $ 202.12 $ 100.00 $ 150.00 12" Valve 1 EA $ 900.00 S 751.14 $ 1,000.00 $ 1,000.00 Wet Connect 1 EA $ 200.00 $ 499.13 $ 800.00 $ 250.00 2" Service Ta 1 EA $ 500.00 $ 224.87 $ 500.00 $ 750.00 3/4" Service Ta 1 EA $ 250.00 $ 101.18 $ 250.00 $ 300.00 r ~I ~~ ~I I I I SPRR -n z -~ ~~~ ~~s o~ ~,~ Ex~sr. s° UJAtER n n 7U iTi ~l N. i • J REQU~ FOR CITY COUNCIL AGENDA~M Agenda Date Requested: Ju1~22, 1996 Requested By: Guy Rankin~;~~21` Department: Planning Report Resolution X Ordinance Exhibits: 1. Proposed Ordinance #96-1637-A 2. Electrical Code, Page 22 (Current and Proposed) 3. Copy of Houston Lighting & Power's May 9th letter SU MARY & RECOMMENDATION Houston Lighting and Power has changed their practice concerning meter cabinets and meter sockets. They have asked the City to amend our local electrical code to show they will still approve the equipment but will no longer supply the equipment. Based on their request, Staff recommends amending Part 2, Article II, Section 6.01(a) accordingly. No other changes have been made at this time. Action Required by Council: Approve City Ordinance #96-1637-A Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for City Council Agenda Robert T. Herrera City Manager • • ORDINANCE NO. 96-1637-A AN ORDINANCE AMENDING SECTION VI OF THE ELECTRIC CODE OF THE CITY OF LA FORTE; PROVIDING THAT ANY PERSON DIOLATING THE TERMS OF THIS ORDINANCE SHALL BE GIIILTY OF A MISDEMEANOR AND IIPON CONVICTION THEREOF SHALL BE FINED IN ANY SIIM NOT MORE THAN FIVE HIINDRED DOLLARS ($500.00); CONTAINING A SEVERABILITY CLAIISE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: Section 1. Section 6.01(a) of the Electric Code of the City of La Porte is hereby amended, to hereafter read as follows, to- wit: "6.01 Meter Cabinets (a) The meter cabinets and electrical metering equipment through which service is rendered by the electric public service company to domestic establishments and buildings combining domestic establishments with commercial or industrial usage, shall be installed where readily accessible on the exterior of the building. Meter cabinets or meter sockets shall be approved by the electric public service company and installed by the master electrician performing the work, and meter cabinets to be located so the center of the opening for the meter dial shall be not less that five feet (5') nor more than six feet (6') above mean ground level, and to be readily accessible to the electric public service company to service. On apartment buildings, where space limitations will not permit placing all meters at the same height, they may be arranged in two (2) tiers, with the openings for the meter dials in lower tier as near as practicable to five feet ( 5' ) above mean ground level and second tier placed as near as practicable above the first. Where space limitations will not permit placing of meter cabinets as outlined above, the electric public service company, subject to the approval of the Inspector, may determine the arrangement to be used. All service outlets shall be located so as to permit placing the electric public service company's service wires on the wall of the building next to the supply." Section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of the ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of the ordinance, and it is hereby • • ORDINANCE NO. 96-1637-A PAGE 2 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 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. Any person as defined in Section 1.07(27). Texas Penal Code, who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars ($500.00). Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 22nd day of July, 1996. CI Y OF LA PORTE By : 01~t~-- an Mal e, Mayor ORDINANCE NO. 96-1637-A ATTEST: Sue Lenes, City Secretary • PAGE 3 • • (b) New residences of one thousand and fifty (1050) or more square feet of living area (excluding attached garages), shall have service entrance capacity of not less than three (3) #2 copper and branch circuit facilities of not less than ten (10) overcurrent devices, two (2) of which must be left unused as spares. (c) All underground services shall be installed in Schedule 40 conduit. 5.04 Window Air Conditioners and Space Heaters. Branch circuit wiring for window air conditioning units or resistance type space heaters shall not be smaller than #12 AWG copper wire or its equivalent and not more than one (1) air conditioning unit or air conditioning receptacle shall be installed on any one (1) single or multi-wire branch circuit. 5.05 Wiring within Buildings. Non-metallic sheathed cable shall be used only for residential work, and apartment houses. Conductors in or on all the and masonry walls of such buildings shall be encased in rigid conduit or electrical metallic tubing. Minimum size non-metallic sheathed cable shall be limited to #12 AWG except #14 AWG may be used for switch legs when the load is less than five hundred (500) watts. Flexible metallic cable shall not be used underground or embedded in concrete. 5.06 Ground Contact. Electrical Metallic Tubing, Intermediate Metallic Tubing, and Sheet Metal Boxes shall not be used in contact with earth. VI. INSTALLATION 6.01 Meter Cabinets. (a) The meter cabinets and electrical metering equipment through which service is rendered by the electric public service company to domestic establishments and buildings combining domestic establishments with commercial or industrial usage, shall be installed where readily accessible on the exterior of the building. Meter cabinets or meter sockets shall be su lie by the electric public service company and installed by the master electrician performing the work, and meter cabinets to be located so the center of the opening for the meter dial shall be not less than five feet (5') nor more than six feet (6') above mean ground level, and to be readily accessible to the electric public service company to service. On apartment buildings, where space limitations will not permit placing all meters at the 22 CURRENT • • (b) New residences of one thousand and fifty (1050) or more square feet of living area (excluding attached garages), shall have service entrance capacity of not less than three (3) #2 copper and branch circuit facilities of not less than ten (10) overcurrent devices, two (2) of which must be left unused as spares. (c) All underground services shall be installed in Schedule 40 conduit. 5.04 Window Air Conditioners and Space Heaters. Branch circuit wiring for window air conditioning units or resistance type space heaters shall not be smaller than #12 AWG copper wire or its equivalent and not more than one (1) air conditioning unit or air conditioning receptacle shall be installed on any one (1) single or multi-wire branch circuit. 5.05 Wiring within Buildings. Non-metallic sheathed cable shall be used only for residential work, and apartment houses. Conductors in or on all the and masonry walls of such buildings shall be encased in rigid conduit or electrical metallic tubing. Minimum size non-metallic sheathed cable shall be limited to #12 AWG except #14 A~VG may be used for switch legs when the load is less than five hundred (500) watts. Flexible metallic cable shall not be used underground or embedded in concrete. 5.06 Ground Contact. Electrical Metallic Tubing, Intermediate Metallic Tubing, and Sheet Metal Boxes shall not be used in contact with earth. VI. INSTALLATION 6.01 Meter Cabinets. (a) The meter cabinets and electrical metering equipment through which service is rendered by the electric public service company to domestic establishments and buildings combining domestic establishments with commercial or industrial usage, shall be installed where readily accessible on the exterior of the building. Meter cabinets or meter sockets shall be approved by the electric public service company and installed by the master electrician performing the work, and meter cabinets to be located so the center of the opening for the meter dial shall be not less than five feet (5') nor more than six feet (6') above mean ground level, and to be readily accessible to the electric public service company to service. On apartment buildings, where space limitations will not permit placing all meters at the 22 PROPOSED • The .Light company P. O. Box 210 Baytown, Texas 77520 (713) 427-7581 Houston Lighting & Power May 9, 1996 Mr. Bob Herrera, City Manager City of La Porte P. O. Box 1115 La Porte, Texas 77571 Dear Mr. Herrera: ~~Y ~ 5 l~ crFF~~~ GF~s s_ Houston Lighting & Power Company (HL&P) has, for many years, provided meter cabinets, at no cost, for electrical contractors within our service area. There were several reasons for this, including quality control and a standardization in the type of meters being used. Often at the urging of HL&P, a number of cities, including La Porte, have incorporated the requirement into the City's electrical code for the electric service company to provide meter cabinets to licensed electrical contractors. After reviewing many of the practices and procedures that affect the price of electricity, HL&P will no longer provide these meter cabinets at no cost. By copy of this letter, HL&P is requesting a change in La Porte's electrical code to eliminate the requirement that the meter cabinet be furnished by the public service company. For your review is a copy of the current La Porte Code and some suggested language on how the code may be amended to incorporate the language that the meter cabinet be approved by the electric service company. Standards in the electrical equipment industry have changed as well as our own need to contain costs. Beyond the obvious costs savings for HL&P by not keeping an inventory of meter cabinets, contractors will have the convenience of purchasing the cabinets at numerous electrical supply houses or hardware stores when they are purchasing other job materials. The cost of meter cabinets is nominal and should average around $30. Currently the contractors have to come to an HL&P office and often include these transportation costs in charges to customers. Iz~~~.1V~ D CI!-~ A Subsidiary of Houston Industries Incorporated • • Houston Lighting & Power Company Mr. Bob Herrera May 9, 1996 Page Two HL&P has been working with the manufacturers, distributors, wholesalers, and retailers of electrical equipment to insure that on or about August 1, 1996, contractors will be able to purchase meter cabinets at most of these locations. We are sure there will be a transition period in making this change and will make best efforts to inform all affected parties in a timely manner. Please give me a call if additional information is needed retarding this request at 425-7300. Your cooperation in changing the City Code is very much appreciated. Zane Wright District Manager ZEW/au Attachments 'MAY-©1-1995 19 19 F&P SOUThi HOUSTON 9-425 ?3'?© P.95 i i CITY OF Li4 PORTS Change Section 6.01, paragraph (a~, second sentence;to read: "lUleter cabinets or meter sockets shall be approved by the electric public eeniice co~peny end ins~alled by the master electrician perfiorming the worfc, and meter cabinets..." MSY-fli-1°O5 i~ ~ 39 723 a~5 5334 TO P.~S i•iAY-01-1996 10~2fl FROM~°P SOUT}i WOUSTON TO . 9-425 7370 P.fl6 I fiLE~?AIC CaDE ~A6E ,~ ~~..~ lam rs s era +- IIranah cir ui t wiring for windox air conditiohfng uliitt or' cea*' tame type s ace heaters shall not be smaller than #12 i1~FG cop~r ~? re or its equivalent and not more thaq o;te (1) air conditioning unit or it eogditivrtiing receptacle shall be installed on any or)e (t) stAgle~or multi-wire branch circuit. ~_Wlt].nQ with i0 8 r; 1 Af r+o~. f(or.-tetallic ah,ffatl~ed cab? 8 ah~ll be used only Cor res$dentirl Work, .and apartment houses. Caedtset rs !n ar bh 611 file and attaoary Walls of such builQ±tlgs~ shall ba Qnca~ ed in rigid Zonduit or electrical matallie ,tubing!. Kirttmum s ze non--metalla shaa.thed cable shall be liotited Lo #12 AWG ezcept ~i4 ;tC mar ba used for sait~ah l.e$s aped tFie load is 3ess .than five hand Qd (COQ) Watts. Flexibir metailxc cable ahal.l not be used undergi`aur~d ar Embed ed in concrete.. 5 Q6__ Groued Cgn _~et, gleetriaal Ketallic ?ab~Ag, Inter~aeQi ate Ketallic Tubing, and She~at Ketal Boxes shall riot bey used 1M eont~ct with earth. ~ vz . ~ ~~~n~~ l63 ? IN3T~ti:LATION i i .O1 Keter Cabinets. (a) The slater asbfaets sad electrical taeteripg ~quiDtneat Lhrou~gh which service is rendered Dp fife electric public se~viae campaay to. dOm~l~sti6 sstabliaharenta and- buildings combining. doges is eatsblishmet:t3 witY~ bboinercial or indastriai usage, shall be install d ++here readily accessible an tAb ezterior aC t~ta 4~uf2ding. Ntet r cabinets or meter soelcets snail, be st~pplia8 by the ~ electric pubic sertrfae cwmpe~sy and installed by the aezstEr aleatritio~rs pei'~orming t e ~srk, acrd mQtlr cabinets to be located so the center OL' the bp8ni g for the meter dial shall. be not 'less titan five S'eet {~' 3 ror wore th n six feet (6') above mean ground ltvei, and to tie raadi;ly accessiblz a the electric Dvblic service compaag to service.: An apartsue t buildings, where space limitations wi1Z sot perattt pl,aciag ail meters "st the same height, thsq sap be arranged is two (~) tiers, kith the cpenib$s Tor tFie meter dials in la++e.r tier as near es practicable ~p five feet (5~a above mlen ground lave? and see4nd tiet• placed. as near Ss practicable above the fI1`3t. wFtsre spaoe limitations will rtbt PQrtoit p?aCing of meter cabinets Hs otitli~e8 above, the ei.setric Dubuc service company, sub,~eat to th4 approval of the I'napeaLor, Jtl~-11-1996 ii=5i 7i347i7t6B ~ P.02 TOTAL P.06 MAY-01-1995 10 31 713 945 5334 96i P.~16 ~ ~ X00 Agenda Date Requested: Jul 96 Requested By: John Joern Department: Administra e j Resolution Exhibits: SUMMARY & RECOMMENDATION tion x Ordinance This Ordinance repeals and replaces Section 1 of Ordinance No. 95-2079, which adopted the Standard Building Code, 1994 Edition and Appendices. This Ordinance also adopts the Southern Building Code, 1994 Edition and Appendices, but modffies (by deletion) certain text in Section 102.2.1 and 102.2.2, which did not conform with City's Adopted Personnel Policy. The text deleted is: "102.2.1 Building Official Qualifications...The building official shall be appointed or hired by the applicable governing authority and shall not be removed from office except for cause after full opportunity has been given to be heard on specific charges before such applicable governing authority." 102.2.2 Chief Inspector Qualifications...They shall not be removed from office except for cause after full opportunity has been given to be heard on specific charges before each applicable governing authority.' The remaining text can be found in the attached ordinance. Action Required by City Council: Consider approving Ordinance amending Chapter 8 of the Code of Ordinances of the City of La Porte, by adopting the most recent approved edition of the Standard Building code, 1994 Edition, and Appendices, with amendments to Section 102.2.1 and 102.2.2. Availability of Funds: N/A _ General Fund _ Water/Wastewater Capital Improvement _ General Revenue Sharing Other Account Number: (Not Neededl Funds Available: YES NO improved for City Council Agenda 1~ Robert T. Herrera DATE City Manager • • ORDINANCE NO. 96-2079-A AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LA FORTE, BY ADOPTING THE MOST RECENT APPROVED EDITION OF THE STANDARD BIIILDING CODE, 1994 EDITION, AND APPENDICES, WITH AMENDMENTS; CONTAINING A REPEALING CLAIISE; CONTAINING A SEVERABILITY CLAIISE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. ' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: Section 1. Section 8-13 of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: "Section 8-13 Adopted The Standard Building Code, 1994 Edition, and appendices as adopted by the Southern Building Code Congress International, a copy of which is on file in the office of the City Secretary of the City of La Porte, Harris County, Texas, is hereby adopted and designated as the Building Code of the City of La Porte, incorporated by reference in this article, and~made a part hereof , as fully as if copied at length herein; provided, however, Sections 102.2.1 and 102.2.2, are amended, and shall hereafter read as follows, to-wit: "102.2.1 Building Official Qualifications. The building official shall have at least ten years experience or equivalent, as an architect, engineer, inspector, contractor, or superintendent of construction, or any combination of these, five years of which shall have been in responsible charge of work. The building official should be certified as a building official through a recognized certification program." "102.2.2 Chief Inspector Qualifications. The building official, with the approval of the applicable governing authority, may designate chief inspectors to administer the provisions of the Building, Electrical, Gas, Mechanical and Plumbing Codes. Each chief inspector shall have at least ten years experience or equivalent, as an architect, engineer, inspector, contractor, or superintendent of construction, or any combination of these, five years of which shall have been in responsible charge of the work. They should be certified through a recognized certification program for the appropriate trade."" ORDINANCE NO. 96-2079-A PAGE 2 Section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of the ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of the ordinance, and it is hereby declared to be the intention of this City Council to have passed each section,. sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 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 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. Section 1 of Ordinance No. 95-2079, passed and approved on November 13, 1995, is hereby repealed, to the extent of conflict with this Ordinance. Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 96-2079-A PASSED AND APPROVED, this 22nd day of July, 1996. PAGE 3 CITY OF LA PORTE By: N an L. Mal ne, Mayor ATTEST: ...J-~--~2_~ Sue Lenes, City Secretary APPR~D: r~ /' %' + ~~~ ~~ ~~ Knox W. Askins, City Attorney • i • RESOLUTION 96-OS A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTS, TEAS, SUPPORTING THE 1972 SAN ON OCEAN DISPOSAL OF NUCLEAR WASTE. WHEREAS, the City Council of the City of La Porte, Texas, has the moral obligation to ensure an environment which will enhance the quality of life for all children and adults alike; and WHEREAS, the United States Navy has a proposal to dispose of up to 100 defueled decommissioned nuclear submarines during the next three decades; and WHEREAS, one of the options is for ocean disposal of these submarines; and WHEREAS, the oceans are a food source for much of the world's population and contamination of the food chain could have far reaching implications; NOW, THEREFORE BE IT RESOLVED, the City Council of the City of La Porte, Texas, should support the 1972 ban on all ocean dumping of nuclear wastes until it can be demonstrated that the safety and efficiency of ocean disposal offers less harm to human health and the environment than other practical alternative methods of disposal. PASSED AND APPROVED, this 22nd day of Julv .1996. CITY OF LA PORTS o n L. Ma one, Mayor ATTEST: ~~ Sue Lenes, City Secretary ~I APPROVED: , ' , Knox W. Askins, City At~~y ~Q~Q National 1(fllllnlllf'1\~ League of Cities June 25, 1996 MEMORANDUM • 1301 Pennsylvania Avenue N.W. Washington, D.C. 20004 (202) 626-3000 Fax: (202) 626-3043 To: City Clerks of Direct Member Cities Executive Directors of State Munici~ From: Donald J. Borut, Executive Officers President Gregory S. Lashutka Mayor, Columbus, Ohio First Vice President Mark S. Schwartz Council Member, Oklahoma Ciry, Oklahoma Second Vice President Brian J. O'Neill Council Member, Philadelphia, Pennsylvania Immediate Past President Carolyn Long Banks Councilwoman-at-Large, Atlanta, Georgia Executive Director Donald J. Borut Subject: ~ Opportunity to Present P,r'oposed Amendmenf~ to the National Municipal Polic and Separate R olutions, Annual Congress of Cities, December 7-10, San Antonio, Texas NLC's direct member cities and state municipal leagues are invited to submit policy proposals and resolutions for consideration at the NLC's Congress of Cities in San Antonio, Texas, December 7-10, 1996. Procedures for submitting such proposals are described below. Please disseminate this information to your mayor, all members of the city council, and the city manager. DEADLINE FOR SUBMISSION All advance proposals to amend the NLC National Municipal Policy and advance separate resolutions must be submitted to: Sharon Anderson Center for Policy and Federal Relations National League of Cities 1301 Pennsylvania Avenue, N.W. Washington, D.C. 20004 To assure sponsors full rights in the NLC policy process, to allow review by steering committees at their fall meetings, and to allow for distribution of advance proposals to NLC's membership, proposals must be received in NLC's office by the close of business on Monday, August 5, 1996. It would expedite the process if you would send us a computer disk containing the proposal along with your written submission. Please indicate the word processing software being used; if possible, MS Word is preferred. Past Presidents: Glenda E. Hood, Mayor, Orlando. Florida Sharpe James, Mayor, Newark, New Jersey Cathy Reynolds, Councilwoman-at-Large, Denver, Colorado Directors: Karen Anderson, Mayor, Minnetonka, Minnesota Clarence E. Anthony, Mayor, South Bay, Florida Ken Bacchus, Councilman•at-Large, Kansas City, Missouri Geoffrey Beckwith, Executive Director, Massachusetts Municipal Association Lara Blakoly, Council Member, Monrovia, California Eddie L. Blankenship, City Council President, Birmingham, Alabama Lucille C. Brogden, Council Vice President, Hyattsville, Maryland John W. Butt, Councilman, Chesapeake, Virginia Carol Y. Clark, Councilmember, East Orange, New Jersey Larry R. Curtls, Mayor, Ames, Iowa Alvin P. DuPont, Mayor, Tuscaloosa, Alabama John Ferraro, City Council President, Los Angeles, California Patricia Figueroa, Council Member, Mountain View, California Stan Finkelstein, Executive Director, Association of Washington Cities Paul Helmke, Mayor, Fort Wayne, Indiana James C. Hunt, Councilmember, Clarksburg, West Virginia Linda Lawrence, Alderman, Wausau, Wisconsin Christopher K_ Me Kenzie, Executive Director, League of Kansas Municipalities Beverly Melton, Boartl of Aldermen President, Louisville, Kentucky David W. Moore, Mayor, Beaumont, Texas Kathy M. Morris, Mayor, San Marcos, Texas William F. Murphy, Mayor, Woodridge, Illinois Thomas C. Owens, Council President, Overland Park, Kansas David L. Perry, Sr., Mayor Pro Tem, Plano, Texas Michael J. Ouinn, Executive Director, Indiana Association of Cities and Towns Alice Schlenker, Mayor, Lake Oswego. Oregon Larry L. Schultz, Councilman, Rockledge, Florida Winston Searles, Mayor Pro Tem, Rock Hiil, South Carolina Judy Ferguson Shaw, Councilwoman, Berkeley, Missouri Joseph F. Sinkiawic, Mayor, Loves Park, Illinois Joseph A. Sweat, Executive Director. Tennessee Municipal League Marian B. 7asco, Councilwoman, Philadelphia, Pennsylvania Retord C. Theobold, Council Member, Grand Junction, Colorado William E. Thornton, Mayor, San Antonio, Texas John R. Thune, Executive Director, South Dakota Municipal League Marcia Weever, Council Member, Jackson, Mississippi Thomas L. Werth, Mayor, Rochester, Michigan George C. Wright, Jr., Executive Director, Delaware league of Local Governments Charles C. Yancey, Councillor, Boston, Massachusetts Don Zimmerman, Executive Director, Arkansas Municipal League Recycled Paper u -2- FORM OF SUBMISSION C~ The National Municipal Policy is the comprehensive policy statement of the National League of Cities. It is subject to amendment at each annual business meeting of NLC. Please submit changes to the National Municipal Policy using the format outlined on the enclosed insert. Resolutions are short-term expressions of the membership of the National League of Cities, typically endorsing or opposing specific Congressional bills or current Presidential positions. A resolution does not become part of the National Municipal Policy, but guides NLC's advocacy efforts during the one year it is in effect. A resolution automatically dies at the end of the calendar year following the Congress of Cities at which it was passed unless it is renewed for another year or incorporated into the National Municipal Policy. A suggested format for resolutions appears on the reverse side of the attached insert. Each proposed policy amendment or resolution most be accompanied by a one-page explanation which describes the nature of the problem or concern, addresses the issue from the municipal perspective, and discusses the proposed action which should be taken to address the problem. Suggestions for policy amendments should identify the specific section of the National Municipal Policy being modified. A suggested format is enclosed. PROCEDURES FOR CONSIDERATION OF ADVANCE SUBMISSIONS All proposals received in NLC's offices by the close of business on Monday, August S, 1996, will be assigned to one of NLC's six steering committees for preliminary review at their fall meetings. All proposals will be reviewed by the full policy committees when they meet on Saturday, December 7, in San Antonio. Members submitting proposals will be notified of the committee to which their proposal is referred and the time and place of the policy committee meeting. In order for a proposal to be considered, the sponsor or a representative must appear before the policy committee in San Antonio to defend it. If the policy committee accepts the proposal, it will be submitted to the Resolutions Committee as part of the policy committee report. If the policy committee rejects the proposal, the fact that the proposal was received by Monday, August 5, 1996, and was distributed to members in advance, permits the sponsor to appeal the policy committee action to the Resolutions Committee during their meeting on Sunday, December 8. u -3- LJ PROCEDURE FOR CONSIDERATION OF PROPOSALS NOT SUBMITTED BY MONDAY. AUGUST 5. Only members of a policy committee may offer amendments to the National Municipal Policy or resolutions within that committee's jurisdiction during the Policy Committee meeting on Saturday, December 7. Member cities and state leagues are urged to work with their state committee delegation if they are unable to submit their proposal prior to the Monday, August 5, deadline. Your state municipal league can provide names of the elected officials from your state who serve on the relevant policy committees. The state municipal leagues select representatives from their state to serve as members of the policy committees. Each league has a set number of slots on the six policy committees based on the size of the state's municipal population. The Resolutions Committee can consider only policy committee reports, proposals received in NLC's offices by Monday, August 5, and recommendations of individual Resolutions Committee members. ANNUAL BUSINESS MEETING Any certified voting delegate of a member city or state league may offer a National Municipal Policy amendment or a resolution for consideration at the Annual Business Meeting. on Tuesday, December 10, 1996. However, any proposals not submitted to the voting delegates by the Resolutions Committee or the Board of Directors must be accompanied by a petition containing the signatures of ten voting delegates, presented to the NLC Policy Office in San Antonio no later than 10 a.m. on December 10. To be accepted for floor consideration at the Annual Business Meeting, such a petition must receive a majority vote of all certified delegates present and voting. All proposals to amend the National Municipal Policy and all resolutions, however submitted, require a 2/3 vote of delegates present and voting for final adoption. GUIDELINES FOR DEVELOPMENT OF POLICY PROPOSALS NLC's Board of Directors established the following guidelines for policy proposals to be considered for adoption at the Congress of Cities: 1. Whether acted upon as amendments to the National Municipal Policy or separate resolutions, policy proposals: shall -- in their subject matter -- concern shared policy and program needs, issues or problems of the nation's municipal governments; • • -4- b. shall be concerned with federal government policy and, therefore, be addressed to federal government policy makers; c. shall neither contradict nor duplicate existing NLC policy statements, except where they are intended to amend or repeal such policy; d. shall not compromise the independence or integrity of individual member cities to pursue any course of action adopted by appropriate municipal policy-making bodies; and e. shall not compromise the budget making, program determining, or priority setting role of the NLC Board. 2. As basic, continuing organizational policy positions, proposed amendments to the National Municipal Policy should specify city positions on federal roles and responsibilities, policy goals, purposes, principles and/or program characteristics within the broad subject areas covered by existing policy or authorized by NLC's Board action. They should not refer to proposed Congressional legislation by title, sponsor's name, or bill number. 3. Resolutions should be restricted to those action-specific items of short-term utility addressed to the Congress or the President. In separate resolutions, specific reference to proposed legislation by title, sponsor's name, or bill number is appropriate. 4. Resolutions shall be considered only when they do not conflict with or contradict the existing National Munic~al Policv. Further information regarding the NLC policy process may be secured prior to the Congress of Cities from: Sharon Anderson Center for Policy and Federal Relations National League of Cities 1301 Pennsylvania Avenue, N.W. Washington, D.C. 20004 (202) 626-3020 nmp96.eoc PROPOSED RESOLUTION ~' 'SAMPLE ONLY' ~' OCEAN DISPOSAL OF NUCLEAR WASTES WHEREAS, the United States Navy has a proposal to dispose of up to 100 defueled decommissioned nuclear submarines during the next three decades; and WHEREAS, one of the options is for ocean disposal of these submarines; and WHEREAS, the oceans are a food source for much of the world's population and contamination of the food chain could have far reaching implications; NOW, THEREFORE, BE IT RESOLVED the National League of Cities should support the 1972 ban on all ocean dumping of nuclear wastes until it can be demonstrated that the safety and efficiency of ocean disposal offers less harm to human health and the environment than other practical alternative methods of disposal. Submitted by: (MUST BE COMPLETED) Date Received: (LEAVE BLANK) Referred to: (LEAVE BLANK) ~ f 1996 CONGRESS OF CITIES SAN ANTONIO, TEXAS EXPLANATION OF PROPOSED POLICY AMENDMENT OR RESOLUTION Submitted by: Name: (City or State Municipal League) Date: Title: ~ ~ ~ ~ ~ ~ ~ PLEASE TYPE SINGLE SPACE BELOW THIS LINE ~ ~ ~ ~ ~ ~ ~ ~ CITY OF LA PORTE TO: Mayor and Council FROM: Sue Lenes, City Secret<~3~~ SUBJECT: City Council Meeting Scheduled July 8, 1996 DATE: July 2, 1996 There being no pertinent or pressing city issues to come before Council for your review and/or decision, the July 8, 1996, regular scheduled City Council meeting has been cancelled. The next City Council meeting will be held on July 22, 1996, unless some emergency or urgent public necessity should arise. c: Executive Staff