HomeMy WebLinkAbout1996-10-14 Regular Meeting•
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MINUTES OF THE REGULAR MEETING OF
LA PORTS CITY COUNCIL
OCTOBER 14, 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 Guy Sutherland, Mike
Cooper, Bob Thrower, Bob McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell and Jerry Clarke
Members of Council Absent: None
Members of City Staff and City Employees Present: Acting City Manager/ Director of Administrative
Services Louis Rigby, City Attorney Knox Askins, City Secretary Sue Lenes, Director of Public Works
Steve Gillett, Director of Planning Guy Rankin, Police Chief Bobby Powell, Fire Chief Jce Sense, Assistant
Dircetor of Public Works Buddy Jacobs, Assistant City Secretary Rhonda Yackov, Cash Manager Rick
Overgaard, City Manager Secretary Carol Buttler
Others Present: Mr. Carlton Porter, representing Houston Lighting and Power Company, a number of La
Porte citizens representing "Old 146 Committee", and several La Porte citizens
2. INVOCATION BY DR. WAYNE SPEARS - FAIRMONT PARK BAPTIST CHURCH
The invocation was delivered by Dr. Wayne Spears pastor of Fairmont Park Baptist Church.
3. CONSIDER APPROVING MINUTES OF PUBLIC HEARING AND REGULAR MEETING
SEPTEMBER 23, 1996
Motion. was made by Councilperson Thrower to approve the minutes of September 23 as presented.
Second by Councilperson McLaughlin. The motion carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and
Mayor Malone
Nays: None
4. PROCLAMATION
RED RIBBON WEEK -JOYCE SEASE AND SUSAN WOLFF
Mayor Malone proclaimed the week of October 20-26, 1996, as Red Ribbon Week. Accepting the
proclamation was Joyce Seale, Drug Counselor for La Porte Independence School District. Ms. Susan
Wolff was unable to attend due to pressing school business. Mrs. Sense thanked Council and the
community for their support in making La Porte schools and community a drug free environment in which
to live.
5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS
WISHING TO ADDRESS COUNCII.
A. STEVE VALERIUS/"OLD 146 COMMITTEE" -NEW TRASH ORDINANCE
B. PAULA BRIDGES -TRANSPORT OF CRITICAL PATIENTS POLICY
Minutes Regular Meeting
La Porte City Council
October 14, 1996, Page 2
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Mr. Steve Valerius, 140 Hazel, La Porte, Texas, addressed Council. Mr. Valerius spoke as the
representative for a group of concerned citizens who call themselves "Old 146 Committee". Mr. Valerius
asked the members of this committee in attendance to stand and be recognized. Mr. Valerius reported this
committee is made up of representatives from most of the subdivisions South of Fairmont Parkway which
have access to Old Highway 146 and their concerns are for a variety of issues with special emphasis on
problems with Old Highway 146, referred to as Broadway. Mr. Valerius stated some of the concerns of
the "Old 146 Committee" were abandoned buildings, some with graffiti on them, poorly maintained
apartments, signs that are falling down, and small businesses that leave their trash sitting in front of their
buildings. Mr. Valerius stated, "I am here today to encourage the Council to adopt Ordinance 96-2139
regarding the collection of garbage and trash."
Mayor Malone called for Ms. Paula Bridges to come forward. Ms. Bridges was not in the Council
Chambers at this time.
6. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING,
ABANDONING AND CLOSING THE ALLEY IN BLOCK 119, AND VACATING, ABANDONING
AND CLOSING A PORTION OF THE RIGHT-OF-WAY OF SOUTH 11TH STREET, TOWN OF
LA FORTE (Ord. 96-2138) - G. Rankin
Director of Planning Guy Rankin reviewed the summary and recommendation for the request. Mr. Rankin
reported this Ordinance 96-2138 replaces the previously passed Ordinance 96-2130 which has been declared
null & void due to the expiration of the 45 day period established for the applicant to meet conditions
stipulated therein. Mr. Rankin reported this is the request from Decker McKim and Emery Farkas to
vacate, abandon and close the alley of Block 119, Town of La Porte and the right-of--way of South 11th
Street between Block 119 and 120 for the proposed construction for G & P Furniture Company. The
newly requested Ordinance 96-2138 also stipulates certain prerequisites and deliverables to the City within
a 45 day of passage and approval. Mr. Rankin answered questions from Councilpersons Clarke and
McLaughlin.
City Attorney read: ORDINANCE 96-2138 - AN ORDINANCE VACATING, ABANDONING AND
CLOSING THE ALLEY IN BLOCK 119, TOWN OF LA FORTE, HARRIS COUNTY, TEXAS; AND
VACATING, ABANDONING AND CLOSING A PORTION OF THE RIGHT-OF-WAY OF SOUTH
11TH STREET, TOWN OF LA FORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilcerson Thrower to approve Ordinance 96-2138 as read by the City Attorney
Second by Councilperson Clarke. The motion carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and
Mayor Malone
Nays: None
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Minutes Regular Meeting
La Porte City Council
October 14, 1996, Page 3
7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING
CHAPTER 12, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES (Ord. 96-2139) -
S. Gillett
Director of Public Works Steve Gillett reviewed the summary and recommendations for the request. Mr.
Gillett reported the major changes in this ordinance which includes defining the amounts and types of trash
that will be collected, times of placement for collection, and general terminology changes and compliance
with current state and federal regulations. Mr. Gillett said the ordinance incorporates the major concerns
and desires of the Council as discussed at the workshop and the Council retreat. Mr. Gillett emphasized
the ordinance is designed to change the culture of the City of La Porte, to work on compliance and not
punishment. After a lengthy Council discussion, Councilperson Sutherland suggested some verbiage
changes be made to clarify the ordinance, and he passed a copy of his suggestions for verbiage changes
to the members of Council for their review. Councilperson Porter stated he would like to make a motion
to table the ordinance. Mayor Malone stated he was not accepting the motion to table as Councilperson
Sutherland still has the floor to speak.
City Attorney read: ORDINANCE 96-2139 - AN ORDINANCE AMENDING CHAPTER 12,
"GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTS;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY
SUM NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00), AND EACH DAY OF
VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilnerson Maxwell to approve Ordinance 96-2139 as read by the City Attorney
Second by Councilperson Gay.
Motion was made by Councilperson Cooper to amend the motion on the floor and reduce the fine from
$2,000.00 to 51,000.00. Second by Councilperson Clarke. This motion to amend failed, 3 ayes and 6
nays.
Ayes: Councilpersons Sutherland, Cooper, and Clarke
Nays: Councilpersons Thrower, McLaughlin, Porter, Gay, Maxwell, and Mayor Malone
The original motion made by Councilperson Maxwell and seconded by Councilperson Gay was brought
with verbiage modifications. for a vote. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke, and
Mayor Malone
Nays: None
Minutes Regular Meeting
Ia Porte City Council
October 14, 1996, Page 4
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8. CONSENT AGENDA -ANY ITEM MAY BE REMOVED BY A COUNCII.PERSON FOR
DISCUSSION
A. CONSIDER AWARDING ANNUAL CONTRACT FOR CLEANING, TELEVLSING AND
REMOVAL OF ROOTS FROM SANITARY SEWER LINES TO AAA FLEI~LE PIPE
COMPANY - S. Gillett
B. CONSIDER AWARDING A BID FOR THE F'CfRNISHING OF A SOLID WASTE TRUCK
TO HOUSTON FREIGHTLINER, INC. - S. Gillett
C. CONSIDER AWARDING A BID FOR THE FURNISHING OF HEAVY DUTY TRUCKS
TO BAYOU CITY FORD FOR ITEMS 1 AND 4; TO OLYMPIC TRUCK SALES OF
ITEMS 2 AND 3 - S. Gillett
Council reviewed the consent agenda and decided to vote on all items together as presented
Motion was made by Councilperson Cooper to approve the Consent Agenda as presented Second by
Councilperson McLaughlin. The motion carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and
Mayor Malone
Nays: None
Mayor Malone, noticing that Ms. Paula Bridges had been seated in the audience, asked that she come
forward at this time to bring her concerns before Council. Mayor Malone reiterated the procedures for
speaking before Council.
Ms. Paula Bridges, 813 River Creek, in Creekmont Subdivision, La Porte, Texas. Ms. Bridges spoke
regarding her concerns with the Transportation for Critical Patients policy. Her concerns were regarding
billing to the Medicare System, Mutual aid, and transporting patients to hospitals where they do not have
the patients medical records on hand. Ms. Bridges reported an incident when her mother was transported
to Pasadena Bayshore, stabilized, and then transported to the hospital of her choice. Ms. Bridges reported
Medicare will not pay for the second transport as they will only pay for one transport per incident. Ms.
Bridges asked that Council review the policy again, and said she will present a petition to Council later this
month.
9. ADMINISTRATIVE REPORTS
Director of Administrative Services Louis Rigby reported staff recommendations for the City Council
meetings for the months of November and December. Due to the Holiday season and the National League
of Cities Conference in December, recommendations are November 11th and December 16th. These dates
are tentatively based on there being no need for a second meeting either of these two months. Council
was in agreement for the meeting dates of November 11th and December 16th.
Mr. Rigby reported that City Manager Robert T. Herrera was absent from tonight's meeting due to the
death of his father-in-law, Mr. Tom Pineda, who resided in San Antonio, and asked that our prayers be
with the Herrera family.
.J
Minutes Regular Meeting
La Porte City Council
October 14, 1996, Page S
10. COUNCII. ACTION
Councilpersons Cooper, Thrower, Porter, Gay, Maxwell, Clarke and Mayor Malone brought items to
Council's attention.
11. EXECUTIVE SESSION -PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW,
CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, -
(CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS,
CONFERENCE WITH EMPLOYEES, DELIBERATION REGARDING SECURITY DEVICES, OR
EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN
INVESTIGATION)
A. SECTION 551.072 -(REAL PROPERTY)
CONSIDER POSSIBLE LEASE OF CITY PROPERTY ON NORTH BROADWAY
B. SECTION 551.074 -(PERSONNEL)
MEET WITH CITY COUNCII, TO DISCUSS THE CITY MANAGER'S ANNUAL
EVALUATION
Council retired into executive session at 7:30 P.M. under A) Section 551.072 (Real Property), Consider
possible lease of City property on North Broadway; B) Section 551.074 (Personnel) Meet with City Council
to discuss the City Manager's annual evaluation; and a third item which Mayor Malone added, C) Section
551.075 (Conference) Meet with City Attorney and Director of Planning to receive information regarding
Board of Adjustment. Council returned to the table at 9:21 P.M. with no action taken and reconvened the
City Council meeting at 9:22 P.M.
12. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE
SESSION
There were no considerations for this item.
13. ADJOURNMENT
There being no further business to come before Council, the meeting was duly adjourned at 9:23 P.M.
Respectfully submit ,
Sue Lenes, City Secretary
Passed and Approved this the 28th
day of October, 1996
Orman L. Malone, Mayor
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Office of the Mayor
1111
Tobacco, olcohol, and other drug abuse in this nation
has reached epidemic stages, and the IS-24 year old
age group 1s dying at a faster rote than any other age
group; and
WHEREAS, it is imperative that visible, unified prevention education efforts
by community members be launched to r~eduee the demand for drugs; and
WHEREAS, the La Pone Independent School District Drug-Free Schools and
Communities ane sponsoring the Red Ribbon Campaign offering citizens the opporYUnity to
demonstrate their commitment to drug free 1~esryles; and
WHEREAS, the Red Ribbon Campaign will be celebrated in every community
in America during 'Red Ribbon Week', October 2x26, 1996; and
WHEREAS, commitment to drug-free healthy lifestyles will be demonstrated
by wearing and displaying r+ed ribbons during this week-long campaign.
NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the
City of I.a Porte, do hereby proclaim the week of October 20-26, 1996, as
RED RIBBON WEEK
in the City of La Porte, and eneouragt all citizens to support the Red Ribbon Campaign in an
effort to enhance tlu quality of life in a drug free La Pone, Texas.
IN WITNESS WHEREOF, I have hentauo set my hand and caused the Seal
of the City to be a,~xed hereto, this the 14th day of October, 1996.
CITY OF LA PORTE
No an L. Malone, ayor
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OCT-07-1996 14 28
HOLLYWOOD VALERIUS
•
9TEV~ VALERi4i®
p.o. aax ~a~s
NOU~rGN. rEXw^ ~vaSi
October 7, 1996
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713 868 6408 P.02
RECEIVED
OCT 0 7 1996
Ms. Sue Lenes
La Porte City Secri~tary
P.O. Box 9115
La Porte, TX 77572-19.15
Re: La Porte City Council Meeting
October 14, 1996
Dear Ms. Lenes:
CITY SECRETARY'S
OFFICE
a:a3pm ~~y
I have joined with a group of La Porte area citizens to form a group
called the "Old 146 Committee" whose goal is to educate the
community on the issues affecting the city of La Porte. Specifically,
our group is concerned about the trash that has accumulated
alongside the roads, the graffiti on public and private property,
abandoned buildings, and apartments that have been allowed, by
their landlords, to deteriorate in their appearance and in the quality of
their residents.
In this regard, I would like to be included in the agenda far the
October 14 City Council meeting in order to speak in favpr of the now
Trash Ordnance.
Please~lefax a copy of the agenda, at your earliest convenience, to
Si
erius
SPV/sdr
TOTAL P.02
STEVE VALERIUS
P.O. BOX 1343
MGUBTON, TEXAS 77251
October 7, 1996
Ms. Sue Lenes
La Porte City Secretary
P.O. Box 1115
La Porte, TX 77572-1115
Re: La Porte City Council Meeting
October 14, 1996
Dear Ms. Lenes:
RECEI V p
ocr o s ~sss
CITY SECRETARY'S
OFFICE
I have joined with a group of La Porte area citizens to form a group
called the "Old 146 Committee" whose goal is to educate the
community on the issues affecting the city of La Porte. Specifically,
our group is concerned about the trash that has accumulated
alongside the roads, the graffiti on public and private property,
abandoned buildings, and apartments that have been allowed, by
their landlords, to deteriorate in their appearance and in the quality of
their residents.
In this regard, I would like to be included in the agenda for the
October 14 City Council meeting in order to speak in favor of the new
Trash Ordnance.
Please lefax a copy of the agenda, at your earliest convenience, to
868-6 8.
Sin
C
r,
erius
SPV/sdr
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REQ~T FOR CITY COUNCIL AGENDA IT~
Agenda Date Requested: Octo er 14 1996
Requested By: Guv Rankin ~ Department: Planning
Report Resolution X Ordinance
Exhibits:
1. Ordinance 2. Area Maps
UMMARY RE MMENDATI N
Decker McKim and Emery Farkas have repetitioned the City of La Porte to close, vacate, and
abandon the alley of Block 1 19, as well as the right-of-way of South 11th Street between
Blocks 119 & 120, Town of La Porte. Ordinance 96-2130, which closed the aforementioned
street & alley, has been declared null & void due to expiration of the 45 day period established
for the applicant to meet conditions stipulated therein.
The closures are intended to open a larger tract of land for future development. Staff has
determined that no city or franchised utilities exist in the area to be closed. In addition, staff
has reviewed and processed the request with consideration to requirements for the future
expansion of Little Cedar Bayou which lies immediately west of the proposed closings. In
order to facilitate this expansion from an existing 60' wide H.C.F.C.D. easement to a future
170' wide H.C.F.C.D. right-of-way, the applicants have consented to deed a 1 10' x 400' strip
out of Block 120, Town of La Porte. A separate signed agreement between the City of La
Porte and the applicants will be executed for a complete survey of Little Cedar Bayou in this
area and will be submitted to the city at the applicant's cost at the time of closing the
property in Block 1 19 and 120.
Using the guidelines set forth in the ordinance regulating street & alley closings, the fair
market value of the alley of Block 119 has been estimated to be 510,698.24. The fair market
value of the portion of the right-of-way of S. 1 1 th St. has been estimated to be 524,683.40.
The total value for both right-of-ways to be closed equals 535,381.64. Using the same
methodology, staff has estimated the fair market value of the 1 10' x 400' strip out of Block
120 for the future widening of Little Cedar Bayou to be 520,212.50. The net amount of
monies received by the city for the closings equal 515,619.14.
Staff recommends approval of this request subject to the following conditions:
1.) Payment in the amount of 515,619.14 from the applicants to the city for
the closings within 45 day of passage and approval of the ordinance.
2.) Payment of all delinquent taxes owed on the property adjacent to closings.
3.) Execution of a General Warranty deed to a 1 10' x 400' strip of land out of
Block 120, Town of La Porte for the widening of Little Cedar Bayou.
Action Required by Council:
Consider approval of an ordinance vacating, abandoning, and closing the alley of Block 1 19,
Town of La Porte and the right-of-way of South 1 1 th St. between Blocks 1 19 & 120, Town
of La Porte. Said ordinance also stipulating certain prerequisites and deliverables to the City
within 45 days of passage and approval.
Availability of Funds: N/A
_ General Fund _ Water/Wastewater
_ Capital Improvement _ General Revenue Sharing
Other
Account Number: Funds Available: YES NO
Anaroved for Citv Council Agenda
Robe~.(yl~rrera DATE
City Manager
• •
ORDINANCE NO. 96-2138
AN ORDINANCE VACATING,. ABANDONING AND CLOSING THE ALLEY IN BLOCK
119, TOWN OF LA PORTE, HARRIS COIINTY, TEAS; AND VACATING,
ABANDONING AND CLOSING A PORTION OF THE RIGHT-OF-WAY OF SOIITH 11TH
STREET, TOWN OF LA PORTE, HARRIS COIINTY, TEAS; 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 119, Town of La Porte, Harris
County, Texas, to vacate, abandon, and permanently close that alley
in Block 119, Town of La Porte, Harris County, Texas; and
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 11th Street, Town of La
Porte, Harris County, Texas, to vacate, abandon, and permanently
close that portion of South 11th 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 alley in Block 119, 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 alley in Block 119, 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 119, Town of La Porte, Harris County, Texas, should
be vacated, abandoned, and permanently closed; and
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ORDINANCE NO. 96-2138
PAGE 2
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 11th 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 11th 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 11th 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 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, all of the alley in
Block 119, Town of La Porte, Harris County, Texas, and the
hereinafter described portion of South 11th Street, Town of La
Porte, Harris County, Texas, are hereby permanently vacated,
abandoned and closed by the City of La Porte, to-wit:
Tract 1: All of the alley located in Block One Hundred
Nineteen (119), Town of La Porte, Harris County, Texas.
Tract 2: That portion of the right-of-way of South 11th
Street, Town of La Porte, Harris County, Texas, lying and
being situated between Block One Hundred Nineteen (119)
and Block One Hundred Twenty (120), Town of La Porte,
Harris County, Texas, and lying and being situated
between the south right-of-way line of West "D" Street,
and the north right-of-way line of West "E" Street, Town
of La Porte, Harris County, Texas, and containing 24,000
square feet.
• •
ORDINANCE NO. 96-2138 PAGE 3
Bection 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 forty-five (45) days from the effective date hereof to:
1. Pay the City of La Porte, in certified funds the sum of
$15,619.14 as partial consideration hereunder; and
2. Pay all delinquent taxes owing to all taxing agencies, on
the real property adjacent to the hereinabove described
alley, and the hereinabove described portion of South
11th Street, Town of La Porte, Harris County, Texas; and
3. Execute and deliver to the City of La Porte, a General
Warranty Deed, in form satisfactory to the City Attorney
of the City of La Porte, conveying from the record owners
thereof to the City of La Porte, a 110 foot by 400 foot
strip in Block 120, Town of La Porte, Harris County,
Texas, the metes and bounds description to be used in
such Deed to be prepared by a licensed Texas public
surveyor, and approved by the City of La Porte.
Applicant shall also furnish title evidence from a title
insurance company, and tax certificates, showing that the
grantor in said Deed has good marketable title at the
time of such conveyance, and that all delinquent taxes
owing to all taxing agencies on said property have been
paid.
•
ORDINANCE NO. 96-2138 PAGE 4
The City Secretary shall not issue a certified copy of this
Ordinance until each of the three above described prerequisites has
been performed. If all of such prerequisites have not been
performed within forty-five (45) days from the effective date
hereof, this Ordinance shall be null and void.
PASSED AND APPROVED, this 14th day of October, 1996.
CITY OF LA PORTE
By: ~ ~
Orman L. a ,
Mayor
ATTEST:
Sue Lenes,
City Secretary
APPR¢17ED
~~K ~ /
Knox W. Askins,
City Attorney
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PROPOSED CLOSINGS
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VICININ MAP FOR SAC-96-10
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RE U FOR CITY COUNCIL AGENDA M
Agenda Date Requested: October 14 1996
Requested By: S. Gillett Department: Public Works
Report Resolution XXXX Ordinance
Exhibits: Executive Summary
Ordinance No. 96-
SUMMARY & RECOMMENDATION
The City Council has discussed amending Chapter 12, "Garbage and Trash" of
the Code of Ordinances at the workshop meeting of February 21, 1996 and the
Council Retreat on August 17, 1996. The original Solid Waste Ordinance
dates from 1968, and has several amendments. Major changes include
defining the amounts and types of trash that will be collected, times of
placement for collection, and general terminology changes and compliance
with current state and federal regulations.
Through discussions at the workshop and retreat, the staff has prepared an
ordinance that incorporates major concerns and desires of the Council in
one ordinance, and its passage is recommended.
Action Required by Council: Approve Ordinance No. 96- amending Section
12 of the Code of Ordinances.
Availability of Funds: N/A
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: N/A Funds Available: YES NO
Approved for City Council Agenda
Robert T. Herrera DATE
City Manager
- -
• •
SOLID WASTE ORDINANCE
EXECUTIVE SUMMARY
Attached is a proposed Solid Waste Ordinance governing the
collection and disposal of solid waste within the City of La Porte.
The current draft incorporates changes and language discussed at the
workshop meeting held with the City Council on February 21, 1996
and the City Council Retreat on August 17, 1996.
The most significant change are outlined below.
• Section 1 defines trash, excessive trash and commercial
trash.
• Section 3 defines the time for placement for collection, and
requires that trash not be placed for collection more than
five (5) days before the next scheduled collection. (Staff
had originally proposed two (2) days. This was changed
by Council at Retreat.)
• Section 6 defines the amount of trash to be collected from
residential customers, with excessive trash (more than ten
cubic yards) to be collected on an actual-cost basis.
Excessive trash will be collected by the city's commercial
collection contractor, to be billed at contractual rates.
Commercial trash will not be collected by the city. (Staff
had originally proposed five (5) cubic yards. This was
changed by Council at Retreat.)
• Section 8 creates a violation for failure to remove
unauthorized garbage and trash, and allows the City to
have removed by city's contractor and costs billed.
~ ~
• Section 9 defines garbage and trash that the city will not
collect, and includes dirt, concrete and the like, demolition
debris, trash and brush from vacant lots, hazardous
materials, and commercial trash, including multifamily.
• Section 14 requires containers to be located on private
property, outside of sight triangles. Additionally, it
removes the City and it's contractor from any maintenance
responsibility for driveways and parking lots damaged by
the collection truck.
• Section 16 requires the owner to remove accumulations
around containers, and dispose of in container or use city's
contractor for removal and disposal.
• Section 26 defines private haulers, and prohibits any firm,
other that the city's authorized contractor, from collecting
commercial and residential garbage and trash, or operating
a public recycling collection system.
• Section 29 increases the penalty for violation from $200 to
$2,000.
• •
ORDINANCE NO. 96 - 2139
AN ORDINANCE AMENDING CHAPTER 12, "GARBAGE AND TRASH", OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000.00), AND EACH DAY OF VIOLATION
SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A SEVERABILITY
CLAUSE; 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:
Chapter 12, "Garbage and Trash" of the Code of Ordinances of
the City of La Porte, is amended to read as follows:
SECTION 1. DEFINITIONS. As used in this chapter, unless the
context clearly requires otherwise, the following definitions shall
apply:
GARBAGE. The term "garbage" shall mean all animal and
vegetable matters, dry kitchen refuse, and waste material and
refuse from kitchens, residences, grocery stores, butcher shops,
restaurants, hotels, and rooming and boardinghouses, including such
items as meat scraps, bread, bones, fruit and vegetable peelings,
and similar wastes, and other deleterious substances and any other
matter commonly understood as garbage.
TRASH. The term "trash" shall mean rubbish, boxes, and
appliances; also grass trimmings, shrubs, tree leaves, hedge
trimmings and tree limbs not to exceed six (6) inches in diameter
and cut in lengths not exceeding ten (10) feet, or tree limbs
exceeding six (6) inches in diameter cut in lengths not to exceed
four (4) feet, and all debris and waste material resulting from
building construction and/or repairs to any residential premises.
Under the terms of this ordinance, "trash" shall be limited to a
total of ten (10) cubic yards for any one pick-up cycle.
EXCESSIVE TRASH. The term "excessive trash" shall mean all
waste defined as trash that exceeds ten (10) cubic yards for any
one pick-up cycle.
COMMERCIAL TRASH. The term "commercial trash" shall mean all
waste and debris that results from the operation or development of
any commercial establishment or enterprise, including those defined
in Section 13; any new construction, or as a result of clearing,
demolition, development or construction on any vacant lot or parcel
of real estate.
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RECYCLING SERVICES The term "recycling services" shall mean
the collection, including a fixed location for drop-off by
residents or curb-side, and sale of articles disposed of by
businesses and residents for reuse, including, but not limited to
newspaper, cardboard, aluminum, steel, and plastic.
VEHICLE. The term "vehicle" shall mean every device in or by
which any person or property is or may be transported or drawn upon
a public highway.
SECTION 2. CONTAINER SPECIFICATIONS. The owner, occupant, tenant,
and lessees of each dwelling unit designed for occupancy by one,
two or three families shall place household waste to be collected
by the City, in plastic bags provided by the City, or other plastic
bags, provided the bags are minimum 2 mil thick, or any other
container provided by, or specifically approved by the City.
Household garbage shall not be placed in cans, boxes, grocery
sacks, or any other container except those described above and
approved by the City for the collection of household garbage.
A supply of garbage bags shall be furnished to each dwelling
periodically, to be picked up at City Hall, or at any other
location selected by the City. Additional bags may be purchased at
City Hall by the roll only. Residents eligible to receive bags
will, from time to time, receive a coupon, redeemable for a supply
of bags at a location set by the City. The coupon shall expire
upon issuance of the next series of coupons.
Bags will be sold to residents of La Porte only. The price shall
be the City's cost, plus an administrative fee equal to the cost to
purchasing and distribution costs, with such fee to be established
by the Director of Finance. Bags must be purchased by an adult,
with a current water bill, stub, or proof of residence must be
shown in order to purchase said bags. The price of said bags may
be paid in cash at City Hall, or will be charged to purchase's
water bill and collected at the due date and shall be considered a
part of the purchaser's water bill.
SECTION 3. TIME OF PLACEMENT FOR COLLECTION. Disposable refuse
bags shall not be placed for collection, as provided in Sec. 7 no
earlier than 5:00 A.M. nor later than 7:00 A.M. on the day of
collection. Trash shall be placed for collection no later than
7:00 A.M. on the first scheduled collection day and no earlier than
7:00 A.M., five days prior to the first scheduled collection day.
SECTION 4. MAINTENANCE OF DISPOSAL REFUSE BAGS. Disposal refuse
bags shall be kept in a sanitary condition and closed tightly by
tying. The contents of all plastic garbage bags shall be so
protected that the wind and animals cannot scatter the same when
placed for collection.
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SECTION 5 MEDDLING WITH, PILFERING FROM, ETC.,DISPOSABLE REFUSE
BAGS. It shall be unlawful for any person to meddle with any
disposable refuse bags placed for collection or in any way pilfer
from or scatter the contents thereof within the City limits.
SECTION 6.COLLECTION OF TRASH.
(a) The City's Solid Waste Division will collect trash as
defined in Section 1, from residential customers only on scheduled
trash days.
(b) The owner of any lot or parcel of real estate which is
found to have excessive trash as defined in Section 1 will be
notified in writing to have the trash removed within ten working
days. If this is not done, the city will cause its removal and the
owner will be billed as outlined in this paragraph. The cost of
pickup and disposal will be at the current rate specified in the
contract between the city and its commercial waste contractor.
Customers wanting the removal of unusual or excessive amounts of
trash shall contact the City Solid Waste Division, which will have
a supervisor contact the customer, examine the trash to be removed,
and advise the customer of the approximate cost. The customer will
be requested to sign an authorization to the City to remove the
trash, which authorization shall state the approximate cost to be
billed to the customer. Such charge will be paid in advance, or
charged upon the customer's water bill and collected at the due
date, and shall be considered a part of the customer's water bill.
Excessive trash will be collected by the City's commercial
contractor.
(c) The City's Solid Waste Division will not collect
commercial trash as defined under Section 1. Removal and disposal
shall be the responsibility of the property owner. Placement of
commercial trash at the curb shall be considered dumping as
outlined under Section 10. Customers desiring the removal of
commercial trash by the City's commercial contractor shall follow
the procedure as outlined under Section 6 (b) above.
(d) The City's Solid Waste Division will collect all other
trash on scheduled trash days. All other trash will include such
items as washers, dryers, refrigerators or other bulky items which
weigh in excess of fifty (50) pounds. Refrigerators shall have
doors removed prior to being set out for collection.
SECTION 7. PLACEMENT FOR COLLECTION.
(a) Disposable refuse bags of garbage and trash, and rubbish
and tree limbs, shall be placed at the curbside of the street, in
front of the property, within three feet of the curb, so as to be
readily accessible to the City Solid Waste vehicles. Where there
is no curb, the City will designate the location.
3
(b) Trash shall not be placed next to fences, mail boxes,
structures, in streets or alleys, in drainage structures or
ditches, under power lines or low hanging trees. Trash placed in
these areas or other areas that are considered hazardous to crews
or equipment will not be collected.
SECTION 8. CITY NOT TO COLLECT UNLESS CHAPTER COMPLIED WITH. The
City Solid Waste Division shall not collect garbage or trash where
it is not prepared for collection and placed as designated in this
chapter. Failure to remove and dispose of unauthorized garbage and
trash shall be a violation of this ordinance. The City reserves
the right to have the garbage and trash removed by the City's
commercial contractor and billed to the owner, as outlined under
Section 6(b).
SECTION 9. GARBAGE AND TRASH NOT COLLECTED BY THE CITY.
(a) The City's Solid Waste Division will not collect and
dispose of tires, automotive waste oil, concrete, brick, rock or
earthen material of any kind. Tires and automotive waste oil will
be accepted at the City's Recycling Center in small quantities only
from residential customers. Residents with concrete, brick, rock,
or earthen material must make arrangements with a private
contractor or haul the above to an approved site accepting this
type of waste. Businesses shall follow approved Texas Natural
Resource Conservation Commission regulations for proper disposal of
tires and automotive waste oil.
(b) Demolition debris from any structure, whether ordered
demolished by the City or not, as well as large accumulations of
trash on vacant lots, will be considered commercial trash, and will
not be collected by the City Solid Waste Division. Property owners
will be responsible for the proper disposal of demolition debris
and debris from vacant lots through personal means or by contacting
the City's commercial solid waste contractor for removal of
demolition debris.
(c) Hazardous materials, whether placed for collection or
commingled with residential or commercial garbage or trash; any
closed containers, cans, pails, drums or barrels containing any
substance. Paint and solvent containers of any kind will be empty,
with any lids removed to allow any residual product to dry or
evaporate prior to being placed for collection.
SECTION 10. PROHIBITED DUMPING GENERALLY. It shall be unlawful
for any person to dump, unload, discharge, or in any manner place
thereon or cause to be placed thereon, any garbage, trash, or other
waste materials, except as specifically allowed in this Chapter, on
any lot, tract or parcel of land located within the City limits,
except at Solid Waste landfills which are owned, maintained,
operated, or contracted by the City, or at such places as are
designated for Solid Waste Disposal by the Texas Natural Resource
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Conservation Commission.
SECTION 11 DEPOSIT ON STREETS.SIDEWALKS_ OR OTHER PUBLIC PROPERTY.
It shall be unlawful for any person to throw or deposit upon any
street, highway, right-of-way, easement, or other public property,
garbage, trash, or any other substance. Additionally, placement
for collection of garbage and trash prohibited elsewhere in this
ordinance, including but not limited to commercial trash, shall
constitute a violation of this section.
SECTION 12. REMOVAL OF INJURIOUS MATERIAL FROM STREETS.
(a) Any person who drops, or permits to be dropped or thrown,
upon any street, highway, right-of-way, easement, or other public
property, any destructive or injurious material, or other material
such as dirt, shell, oil, etc., which would be detrimental to the
use or appearance of such street, highway, right-of-way, easement,
or other public property, shall immediately remove the same or
cause it to be removed.
(b) Any person removing a wrecked or damaged vehicle from a
street or highway shall remove any glass or other injurious
substance dropped upon the street or highway from such vehicle.
SECTION 13. CONTAINER SERVICE WHEN REQUIRED.
(a) Public, business and commercial institutions and
establishments shall use the City's or the city-authorized
contractor's solid waste container service for the removal of
garbage and trash when weekly average volumes exceed two (2) cubic
yards per week.
(b) Multi-family projects containing four (4) or more units,
including Manufactured Housing or Mobile Homes, whether or not said
Manufactured Housing or Mobile Homes are located within a
Manufactured Housing or Mobile Home park or subdivision approved by
the City of La Porte pursuant to City of La Porte Ordinances 1501
and 811, or amendments thereto; and multiple residences receiving
water service through a common water meter(s) shall use the City's
or the city-authorized contractor's solid waste container system
service for the removal of garbage and trash.
SECTION 14. CITY TO FURNISH CONTAINERS. Under the city's solid
waste container system, the city, or the city's authorized
contractor, will furnish a container, or containers, to be used in
the collection and removal of garbage and trash. Public, business,
and commercial institutions and establishments using the City's or
the city-authorized container system for the removal of garbage and
trash shall provide a readily accessible site for placement of
container(s) on the institution or establishment's property.
Locating containers in streets, rights-of way, the traveled portion
of alleys, and sight triangles as defined in Ordinance 1501 is
5
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prohibited. Maintenance of the site, together with the approach
shall be the responsibility of the owner. Neither the City nor its
Contractor will be responsible for damage caused by collection
vehicles to driveways, parking lots or other sites.
SECTION 15 FREQUENCY OF COLLECTION AND REMOVAL. The collection
and removal of garbage and trash by the City's Solid Waste Division
or the city-authorized contractor from any owner or occupier of any
premises receiving the City's or the City-authorized contractor
container system service shall be at least once a week.
SECTION 16. ACCUMULATION OF GARBAGE AND TRASH AROUND
CONTAINER. Whenever any owner or occupier of any premise shall
receive the City's or its authorized contractor's container system
service for the removal of garbage and trash, it shall be unlawful
for such owner or occupier to allow any accumulation of garbage or
trash around such solid waste container or in the vicinity of such
container. It shall be such owner's or occupant's duty to place
all garbage and trash into such container, or arrange for its
removal and disposal by the City's commercial contractor.
SECTION 17 LIDS AND DOORS OF CONTAINERS TO BE CLOSED; EMPTY
BOXES TO BE FLATTENED. Lids and end doors of all containers
furnished under this article shall be kept closed at all times
except when the container is being filled. Empty boxes shall be
flattened before placing in such containers. Items that are larger
than the container and that would extend out of the container
opening shall not be placed in the container.
SECTION 18. DISTURBING CONTAINERS OR CONTENTS. It shall be
unlawful for any person to disturb a solid waste container or the
contents thereof. This section shall not apply to the owner or
occupant of the premises for which such container has been
furnished, or to his employees or to the duly authorized employees
of the City or its authorized contractor.
SECTION 19. BURNING MATERIAL, DEFACING, ETC., CONTAINERS
PROHIBITED. It shall be unlawful for any person to make afire or
burn any material in a Solid Waste container or to paint or mark
the same, or to place any poster, placard, or sign upon the same.
SECTION 20. USE OF UNAUTHORIZED CONTAINERS PROHIBITED. The use of
any other garbage and trash container for collection by the City or
its authorized contractor, when the City or its authorized
contractor container system service is provided, other than set
forth in this chapter, shall be unlawful.
SECTION 21. UNAUTHORIZED USE OF CONTAINERS. It shall be unlawful
for any person to deposit any garbage, trash, or other material in
any container furnished by the City or its authorized contractor
other than the owner or occupant of any premise that is paying for
the container service.
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SECTION 22. PROHIBITED ITEMS FOR CONTAINERS.
(a) It shall be unlawful to place any item in any container
furnished by the City or its authorized contractor that because of
weight, size, or other physical property, could cause damage to the
collection vehicle. These items include, but are not limited to,
any one item over three ( 3 ) f eet in any dimension, any one item
weighing in excess of fifty (50) pounds, any concrete, masonry
products, or earthen material.
(b) Hazardous materials of any type or quantity either placed
separately or commingled with any other garbage or trash.
(c) Persons, businesses, and other entities placing such
items in any container furnished by the City or its Contractor will
be required to remove the same before collection will resume.
SECTION 23. RATES PRESCRIBED - FOR RESIDENCES.
(a) There shall be charged, assessed and collected, for
garbage, trash and other rubbish collection by the City from
residential dwelling units, which term shall be construed to
include duplex units, individual multi-family units, and individual
mobile homes at mobile home parks, the sum of seven dollars and
fifty cents ($7.50) per unit, per month.
(b) Such monthly charge on every residential dwelling unit,
be it single-family dwelling, duplex, multi-family or mobile home,
shall prevail, rather than the charges provided in this article for
the City's or its Contractor's solid waste container system
service, whether or not the individual duplex, multi-family, or
mobile home space is occupied.
SECTION 24. SAME - FOR BUSINESS AND COMMERCIAL ESTABLISHMENTS.
(a) The minimum charge for business and commercial
establishments in the City where garbage and trash is picked up
twice a week shall be eight dollars and fifty cents ($8.50) per
month.
(b) Subject to the foregoing minimum charges for business and
commercial establishments, the following shall be used to determine
the monthly charge for each user of solid waste containers
furnished by the City or its Contractor at a business or commercial
establishment:
Number of cubic yards furnished:
x $2.00 per cubic yard
x number of pickups per week
x 52 weeks
12 months
= Monthly charge
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(c) When a solid waste container furnished by the City or its
Contractor will adequately and completely serve several business
and commercial establishments, such establishments may be required
to use the same container and pay a pro rata part of the charge,
determined according to the approximate relative quantity of space
used, but to no event shall any user pay any less than the minimum
charge established by this section for such business and commercial
establishments.
(d) The minimum charge will not be imposed on any business or
commercial establishment if the house or building is unoccupied and
the water service to the house or building is suspended.
SECTIONS 25. BILLING AND COLLECTION. The Customer Service
Division shall include on its monthly bills mailed to persons who
receive the garbage and trash collection and removal services
provided by the City or its authorized contractor and specified in
the chapter, the charge designated for such services rendered to
the premises of such persons. The charges fixed by the article
shall be payable to the City on or before the due date specified on
such billing. In the event any person receiving such service does
not have a water connection billing, then a separate monthly bill
shall be sent to such person, and 'n that event the specified
charges for trash and garbage collection shall be due on or before
the tenth day following the mailing of the separate bill.
SECTION 26. PRIVATE HAULERS.
(a) It shall be unlawful for any person, other than the City
and its employees acting in the scope of their employment, or a
private contractor acting as the city's independent contractor, to
collect, remove or dispose of garbage, trash, or rubbish from any
premises within the City, except premises owned or controlled by
such persons.
(b) The City, or its authorized contractor, shall be the sole
provider of recycling services for the general public within the
City. It shall be unlawful for any person, firm or organization to
place, or have placed, any recycling container for the purpose of
soliciting use by or for the general public. Any person, firm or
organization may place, or have placed, a recycling container
intended for the use of its members or employees only. Such
container must be labeled "For Private Use Only" and must be
located on property owned or controlled by the person, firm or
organization.
SECTION 27. VEHICLES USED BY CONTRACTED AND PRIVATE HAULERS.
(a) All vehicles used by Contracted haulers, private haulers,
and nonresident haulers, shall meet the minimum requirements stated
under the below described classes, whichever is most applicable.
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CLASS I
Persons contracted by the City engaging in the business of
collecting, hauling, and disposing of trash, garbage, rubbish, or
commercial or institutional establishments, that operate or travel
through the Corporate City Limits of the City of La Porte shall use
vehicles meeting the following specifications.
(1) Vehicles used for collection and transportation of
garbage as defined in Section 12-1 shall utilize a totally closed
metal body. Open top trucks shall not be used for collection and
transport.
(2) Vehicles used for the collection of trash and
construction debris shall have a metal or wooden body enclosed on
all four (4) sides. Open back bodies shall not be used for the
collection and transportation of trash or construction debris.
Where necessary, as defined in Texas Transportation Code,
Transporting Loose Materials, Chapter 725, a top or other cover
shall be provided to prevent loss during transport.
(3) Vehicles used for the collection of commercial garbage,
trash, and rubbish in containers left on-site to be picked up on a
regular basis, shall utilize a metal, totally enclosed body for the
collection of containers. Containers shall be manufactured of
metal, plastic, or fiberglass, and shall be maintained and operated
so as to prevent the spilling of liquid, trash, garbage,or rubbish.
CLASS II
Contractors, tree trimmers, and commercial establishments hauling
non-putrescible material on a regular basis shall be considered
special permit haulers. No permit shall be required for this
classification.
(1) Equipment shall be so designed as to prevent any loss of
trash, or rubbish due to spillage, blowing, or other means during
transport. Where necessary, as defined in the Texas Transportation
Code, Transporting Loose Materials, Chapter 725, a top or other
cover shall be provided.
(2) In no case, shall such equipment be used to collect or
transport putrescible material.
CLASS III
Residential subscribers hauling their own unusual accumulations of
trash, garbage, or rubbish on an irregular basis, shall use
equipment specified for Class II haulers with the following
exceptions.
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(a) Putrescible materials must be carried in a container that
will prevent any loss due to spillage or other means and that is
not accessible to rats, varmints, rodents, or other vectors. These
classes shall at all times comply with all applicable City
Ordinances and State and Federal statutes, and shall be cumulative
upon thereof.
SECTION 28. VEHICLES TO BE COVERED. It shall be unlawful for any
person to operate on the streets of the City of La Porte, a vehicle
carrying garbage or trash, without providing an adequate cover for
the garbage and trash, which shall be kept in place except when
loading and unloading.
SECTION 29. PENALTY FOR VIOLATION OF ARTICLE. Any person, as
defined in Section 1.07(26), Texas Penal Code, who shall violate
any provision of this ordinance, shall be guilty of a misdemeanor
and upon conviction shall be fined in an amount not to exceed two
thousand dollars ($2,000.00). Each day of any such violation shall
be deemed a separate offense.
SECTION 30. SEVERABILITY. If any section, sentence, phrase,
clause, or any part of any section, sentence, phrase, or clause of
this ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this
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 31. OPEN MEETINGS. The City Council officially finds,
determines, recites, and declares that a sufficient 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 32. EFFECTIVE DATE. This Ordinance shall be effective
fourteen (14) days after its passage and approval. The City
Secretary shall give notice of the passage of this ordinance by
causing the caption hereof to be published in the official
newspaper of the City of La Porte at least twice within ten (10)
days after the passage of this ordinance.
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PASSED AND APPROVED, this the 14th day of October , 1996.
CITY OF LA PORTE
By:
N rmari L. Malone, ayor
ATTEST:
Sue Lenes, City Secretary
APPROVED:
~~x ~V Ccn/.~
G
Knox W. Askins, City Attorney
11
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•
0
RE U FOR CITY COUNCIL AGENDA EM
Agenda Date Requested: October 14, 1996
Requested By: S. Gillett Department: Public Works
XXXX Report Resolution Ordinance
Exhibits: Bid Tabulation and Bidder's List
_--
SUMMARY & RECOMMENDATION
Sealed bids were received on September 16, 1996 for the annual contract for
cleaning, televising and root removal for sanitary sewer lines. This
contract is a component of the City's Inflow and Infiltration Reduction
Program, and will be used to supplement the City's in-house cleaning and
televising program.
Bids were sent to five (5) contractors, with two (2) returning bids. Low
bid was submitted by AAA Flexible Pipe, of La Porte, the current
contractor, for an estimated annual cost of $55,075. Funds are available
in the FY 1996/97 Inflow/Infiltration Fund for this contract.
Action Required by Council: Award annual contract for cleaning, televising
and removal of roots from sanitary sewer lines to AAA Flexible Pipe Co. for
an estimated annual cost of $55,075.
Availability of Funds:
General Fund Water/Wastewater
XXXX Capital Improvement General Revenue Sharing
Other
Account Number: Fund 018 Funds Available: XX YES NO
a b 6
Ro Herrera DAT
C' y anager
• •
BID TABULATION -TELEVISING, CLEANING & REMOVAL OF ROOTS IN SANITARY SEWER LINE
DESCRIPTION ''AAA FLE)CIBLE
PIPE CLEANING S~UTHWESTEAN`
.UNDERGROUND
1. PIPE CLEANING $33,725.00 $91,600.00
2. T.V. INSPECTION $19,000.00 $39,400.00
3. ROOT REMOVAL $2,350.00 $3,362.50
GRAND TOTAL $55,075.00 $134,362.50
BIDDER'S LIST
HID #0686 - TELEVISING, CLEANING AND REMOVAL OF ROOTS
IN SANITARY SEWER LINES
AAA FLEXIBLE PIPE CO.
3900 UNDERWOOD RD.
LA PORTE, TX 77571
COASTAL CONTRACTORS
13311 GARDEN ROAD
PEARLAND, TX 77581
SOUTHWEST UNDERGROUND
P.O. BOX 24570
HOUSTON, TX 77229-4570
CHAMBER OF COMMERCE'
P.O. BOX 996
LA PORTE, TX 77572-0996
CHIEF CONSTRUCTION
PO BOX 925249
HOUSTON, TX 77292
INSITUFORM GULF SOUTH
733 NEWHAUS RD.
HOUSTON, TX 77061
BAYSHORE SUN PUBLISH DATES:
SEPTEMBER 1, 1996
SEPTEMBER 8, 1996
RE U FOR CITY COUNCIL AGENDA M
Agenda Date Requested: October 14, 1996
Requested By: Steve Gillet Department: Public Works
XXX Report
Resolution
Exhibits: Bid Recap Sealed Bids #0689 - Solid Waste Truck
Ordinance
SUMMARY & RECOMMENDATION
Advertised, Sealed bids #0689 for a rear loader/refuse truck were opened
and read on September 23, 1996. Bid requests were mailed to ten (10)
vendors with eight (8) returning bids.
Low bid meeting specifications was submitted by Houston Freightliner in the
amount of $86,249.00.
Staff recommends award of bid for rear loader/refuse truck to Houston
Freightliner, low bidder meeting specifications in the amount of $86,249.
Funds in the amount of $85,000 were budgeted in the 1996/97 Solid Waste
Division Operating Budget. The low bid is $1,249.00 more than the budgeted
amount. The budgeted amount was arrived at using the best available
information at the time of budget preparation. This unit is necessary to
implement the additional garbage crew approved in the 96/97 Solid Waste
Operating Budget. Staff recommends the necessary funds be appropriated
from the General Fund Contingency to fund this purchase.
Action Required by Council: Award bid to Houston Freightliner and
appropriate $1,249. from the General Fund Contingency for a total award of
$86,249.
Availability of Funds:
XX General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: 001-7072-532-8050 Funds Available: YES NO
4 8 6
Robe Herrera DATE
City Manager
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
SEPTEMBER 24, 1996
TO: STEVE GILLETT~PUBLIC WORKS DIRECTOR
FROM: SUSAN KELLEY,'-PURCHASING AGENT
SUBJ: SEALED BID #0689 - SOLID WASTE TRUCK
•
Advertised, sealed bids #0689 for a rear loader/refuse truck were
opened and read on September 23, 1996. Bid requests were mailed to
ten (10) vendors with eight (8) returning bids.
Copies of the bids are attached for your review.
Please submit your recommendation with an agenda request form by
the prescribed time before the next regular council meeting. If
there is a need to delay bringing this bid before council, please
notify me.
Attachment: Bid Copies
Bid Tabulation
Bidder's List
• •
BID TABULATION -SOLID WASTE TRUCK
VENDOR COST REAR LOADER/REFUSE TRUCK
HOUSTON FREIGHTLINER $86,249.00 1997 FL-80 W/LEACH 2R11
LONE STAR TRUCK CENTER $86,499.00 1997 GMC W/PAK MOR R325
HOUSTON FREIGHTLINER $87,099.00 1997 FL-80 W/NEIL 5000
LONE STAR TRUCK CENTER $87,319.00 1997 GMC W/NEIL 5000
BAYOU CITY FORD TRUCK $88,288.00 1997 FORD LT8513 W/LEACH 2R11
OLYMPIC INT'L TRUCKS $88,446.48 1997 INT'L SF2557 W/PAK MOR 325
BAYOU CITY FORD TRUCK $89,140.00 1997 FORD LT8513 W/NEIL 5000
METRO FORD SALES $91,275.00 1997 FORD LT8513 W/PAK MOR R325
•
BIDDER'S LIST
SEALED BID #0689 - SOLID WASTE TRUCK
BAYOU CITY FORD
PO BOX 21321
HOUSTON TX 77226
BILL HEARD CHEVROLET
PO BOX 530
HOUSTON TX 77487-0530
JOE CAMP FORD
621 HWY 146 SOUTH
LA PORTS TX 77571
LONE STAR/WHITE GMC
PO BOX 21127
HOUSTON TX 77226
OLYMPIC INTERNATIONAL
8900 N LOOP EAST
HOUSTON TX 77029
DAVIS TRUCK & EQUIPMENT
PO BOX 33
CLIFTON TX 76634
CHAMBER OF COMMERCE
PO BOX 996
LA PORTS TX 77572-0996
LES MARKS CHEVROLET
PO BOX 1119
LA PORTS TX 77572
MCREE FORD INC
PO BOX 577
DICKINSON TX 77539
INDUSTRIAL DISPOSAL
PO BOX 8623
HOUSTON TX 77249
WASTE SYSTEMS EQUIPMENT
PO BOX 55801
HOUSTON TX 77255
BAYSHORE SUN PUBLISH DATES:
SEPTEMBER 8, 1996
SEPTEMBER 15, 1996
RE U FOR CITY COUNCIL AGENDA M
Agenda Date Requested: October 14, 1996
Requested By: Steve Gille Department: Public Works
XXX Report
Resolution
Exhibits: Bid Recap Sealed Bids #0688 - Heavy Duty Trucks
Ordinance
SUMMARY & RECOMMENDATION
Advertised Sealed Bids #0688 for the purchase of heavy duty trucks were
opened and read on September 30, 1996. Bid requests were mailed to seven
(7) area dealers with two (2) returning bids.
Low bid meeting specifications on Item 1 - Cab & Chassis was submitted
by Bayou City Ford Truck in the amount of $38,818.00 less the Optional
Trade-in Allowance of $1,000. for a total of $37,818.00
Low bid meeting specifications on Item 2 - Dump Truck was submitted by
Olympic Truck Sales in the amount of $42,547 less the Optional Trade-in
Allowance of $2,500. for a total of $40,047.
Low bid meeting specifications on Item 3 - Watertight Dump Truck was
submitted by Olympic Truck Sales in the amount of $42,547. less the
Optional Trade-in Allowance of $4,000 for a total of $38,547.
Low bid meeting specifications on Item 4 - Water Truck was submitted
by Bayou City Ford Truck in the amount of $43,720 less the Optional Trade-
in Allowance of $1,000 for a total of $42,720.
Staff recommends award of bid for Items 1 & 4 to Bayou City Ford Truck, low
bidder meeting specifications with acceptance of the Optional Trade-in
Allowances. Items 2 & 3 is recommended to be awarded to Olympic Truck
Sales, low bidder meeting specifications with acceptance of Optional Trade-
in Allowances. Total Cost of the contracts would be $159,132. Funds in
the amount of $162,500. were budgeted in the Motor Pool Replacement Fund
for these replacements.
Action Required by Council: Award Items 1 & 4 to Bayou City Ford Trucks and
accept Optional Trade-in Allowance. Award Items 2 & 3 to Olympic Truck
Sales and accept Optional Trade-in Allowance.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
XXX Other Motor Pool Replacement Fund
Account Number: Various Funds Available: XX YES NO
O
Rob Herrera DATE
City ger
•
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
OCTOBER 4, 1996
TO: STEVE GILLETT~ PUBLIC WORKS DIRECTOR
FROM: SUSAN KELLEY, PURCHASING AGENT
SUBJ: SEALED BID #0688 - HEAVY DUTY TRUCKS
Advertised, sealed bids #0688 for heavy duty trucks were opened and
read on September 30, 1996. Bid requests were mailed to seven (7)
vendors with two (2) returning bids.
Copies of the bids are attached for your review.
Please submit your recommendation with an agenda request form by
the prescribed time before the next regular council meeting. If
there is a need to delay bringing this bid before council, please
notify me.
Attachment: Bid Copies
Bid Tabulation
Bidder's List
BID TABULATION -HEAVY DUTY TRUCKS
BAYOU CITY OLYMPIC
DESCRIPTION FORD TRUCK TRUCK SALES
1) CAB & CHASSIS /$38,818.00 $38,812.00
OPTIONAL TRADE-IN ALLOWANCE $1,000.00 $750.00
TOTAL W/TRADE--1N $37,818.00' $38,062..00
2) DUMP TRUCK $42,608.00 $42,547.00
OPTIONAL TRADE-IN ALLOWANCE $1,500.00 $2,500.00
TOTAL W/TRADE-~IN>~ $41,108.00 $40,047.00
3) DUMP TRUCK -WATERTIGHT $42,608.00 $42,547.00
OPTIONAL TRADE-IN ALLOWANCE $2,000.00 $4,000.00
TOTAL W/TRAD~-1N $40,608.00- $38,547.00
4) WATER TRUCK ~ $43,720.00 $45,461.07
OPTIONAL TRADE-IN ALLOWANCE $1,000.00 $1,500.00
<TOTAL WITRADE-~IN $42,720.00 $43,961.07
v
BIDDER'S LIST
SEALED BID #0688 - HEAVY DUTY TRUCKS
BAYOU CITY FORD
PO BOX 21321
HOUSTON TX 77226
BILL HEARD CHEVROLET
PO BOX 530
HOUSTON TX 77487-0530
JOE CAMP FORD
621 HWY 146 SOUTH
LA PORTE TX 77571
LONE STAR/WHITE GMC
PO BOX 21127
HOUSTON TX 77226
OLYMPIC INTERNATIONAL
8900 N LOOP EAST
HOUSTON TX 77029
BAYSHORE SUN PUBLISH DATES:
SEPTEMBER 15, 1996
SEPTEMBER 22, 1996
LES MARKS CHEVROLET
PO BOX 1119
LA PORTE TX 77572
MCREE FORD INC
PO BOX 577
DICKINSON TX 77539
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996