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HomeMy WebLinkAbout199703-24-97 Regular Meeting of City CouncilMINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL MARCH 24, 1997 1. CALL TO ORDER The meeting was called to order by Mayor Malone at 6:00 p.m. Members of City Council Present: Mayor Norman Malone, Councilpersons Mike Cooper, Bob McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell and Jerry Clarke Members of City Council Absent: Councilperson Guy Sutherland Members of City Executive Staff and City Employees Present: 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, Director of Public Works Steve Gillett, Police Chief Bobby Powell, Director of Parks and Recreation Stephen Barr, City Manager's Secretary Carol Buttler, Assistant City Secretary Rhonda Yockov, Assistant Finance Director Cynthia Alexander, Chief Building Official Art Flores Other Present: Chris Breaux representing Null and Associates and several La Porte Citizens 2. INVOCATION BY FATHER TOM RAFFERTY - St. MARY'S CATHOLIC CHURCH Father Tom Rafferty of St. Mary's Catholic Church, delivered the invocation. 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING FEBRUARY 24, 1997 Motion was made by Councilperson McLaughlin to approve the minutes of February 24. 1997. as presented. Seconded by Councilperson Maxwell. Abstained by Councilperson Alton Porter. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Cooper, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None Abstain: Councilperson Alton Porter 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL Spero Pomonis, 218 Bay Colony Circle, La Porte, addressed Council regarding the Board of Adjustment meeting that was scheduled for Thursday February 27, 1997. Mr. Pomonis expressed his feelings of contempt for the Board of Adjustment Committee members and urged Council to seek the resignation of these members or dismiss these members from their position. 5. PRESENTATIONS: 1996 COMPREHNSIVE ANNUAL FINANCIAL REPORT - J. Litchfield Minutes Regular Meeting La Porte City Council March 24, 1997, Page 2 Mayor Malone read the Finance Department's dedication of the City of La Porte's Comprehensive Annual Financial Report to the Memory of Councilperson Robert (Bob) E. Thrower. Director of Finance/ACM Jeff Litchfield reviewed the City's Comprehensive Annual Financial Report to Council. Mr. Litchfield introduced Mr. Chris Breaux, a partner from Null and Associates. Mr. Breaux addressed Council with praise for the cooperation and assistance they receive form the staff of the Finance Department. 6. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPOINT RHONDA L. YOCKOV ACTING CITY SECRETARY EFFECTIVE APRIL 1, 1997 (Ord. 97-2165) - R. T. Herrera Assistant City Manager John Joerns reported to Council the purpose of this ordinance as it relates to the City Secretary's Office. City Attorney read: AN ORDINANCE APPOINTING AN ACTING CITY SECRETARY OF THE CITY OF LA PORTE, FOR A TERM COMMENCING APRIL 1, 1997, AND UNTIL HER SUCCESSOR SHALL HAVE BEEN DULY APPOINTED AND QUALIFIED; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HERE OF. Motion was made by Councilperson Cooper to approve Ordinance 97-2165 as read by the City Attorney. Seconded by Councilperson Maxwell. The motion carried, Maxwell 7 ayes and 0 nays. Ayes: Councilpersons Cooper, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None 7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE, TEXAS (Ord. 97-2160-A) - R. T. Herrera Assistant City Manager John Joerns reported to Council the purpose of this Ordinance as it relates to the City Secretary's Office. Minutes Regular Meeting La Porte City Council March 24, 1997, Page 3 8. City Attorney read: AN ORDINANCE AMENDING AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING VALLOT BOARD; PROVIDING FOF RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Gay to approve Ordinance 97-2165 as read by the City Attorney. Seconded by Councilperson Cooper. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Cooper, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH BIZCOMP TO PROVIDE DESIGN AND INSTALLATION OF A WIDE AREA NETWORK (WAN) (Ord. 97-2166) - L. Rigby Director of Administrative Services Louis Rigby reviewed the summary and recommendation to approve Ordinance 97-2166 to authorize the City Manager to negotiate a contract with BIZCOMP to provide design and installation of a Wide Area Network. City Attorney read: AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEEN THE CITY OF LA PORTE AND BIZCOMP FOR DESIGN AND INSTALLATION OF A WIDE AREA NETWORK (WAN); APPROPRIATING $48,930 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Cooper to approve Ordinance 97-2165 as read by the City Attorney, Seconded by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Cooper, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None 9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE BOYS BASEBALL ASSOCIATION (Ord. 97-2167) - S. Barr Minutes Regular Meeting La Porte City Council March 24, 1997, Page 4 Director of Parks and Recreation Stephen Barr reviewed the summary and recommendation to approve Ordinance 97-2167 to establish a formal Agreement between the City of La Porte and the La Porte Boy's Baseball Association regarding the use of youth baseball facilities in the City of La Porte. City Attorney read: AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE BOY'S BASEBALL ASSOCIATION REGARDING THE USE OF YOUTH BASEBALL FACILITIES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Porter to approve Ordinance 97-2167 as read by the City. Attorney. Seconded by Councilperson Cooper. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Cooper, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None 10. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING A CONTRACT WITH SAN JACINTO Y.M.C.A. FOR LIFEGUARD SERVICES AT VARIOUS POOLS (Ord. 97-2168) - S. Barr Director of Parks and Recreation Department Stephen Barr reviewed the summary and recommendation to approve Ordinance 97-2168 to ratify and confirm the agreement between the City of La Porte and the San Jacinto Branch of the Greater Houston Area Y.M.C.A. for provision of life guarding services at the Brookglen park pool, Fairmont Park Pool, and San Jacinto Pool for the 1997 swim season. City Attorney read: AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE SAN JACINTO BRANCH OF THE GREATER HOUSTON AREA YOUNG MEN'S CHRISTIAN ASSOCIATION; APPROPRIATING $29,157.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Cooper to approve Ordinance 97-2168 as read by the City Attorney. Seconded by Councilperson Gay. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Cooper, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None Minutes Regular Meeting La Porte City Council March 24, 1997, Page 5 11. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE ESTABLISHING A CONSTRUCTION SPEED ZONE OF 45 MILES PER HOUR ALONG A PORTION OF SH 146 (Ord. 97-2169) - S. Gillett Director of Public Works Steve Gillett reviewed the summary and recommendation to approve Ordinance 97-2169 to establish a construction speed zone along a portion of SH 146 at 45mph. City Attorney read: ' AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ALONG A PORTION OF SH146 WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Motion was made by Councilperson Porter to approve Ordinance 97-2169 as read by. the City Attorney. Seconded by Councilperson Gay. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Cooper, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None 12. CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUTION STATING THE INTENT OF THE CITY OF LA PORTE TO APPLY FOR FINANCIAL ASSISTANCE FROM TEXAS DEPARTMENT OF TRANSPORTATION AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL CONTRACTS AND AGREEMENTS WITH THE STATE OF TEXAS FOR IMPLEMENTATION AND IMPROVEMENTS AT THE LA PORTE MUNICIPAL AIRPORT (Res. 97-03) - S. Gillett Director of Public Works Steve Gillett reviewed the summary and recommendation to approve Resolution 97-03 to state the City of La Porte's intent to apply for financial assistance from TexDoT for the La Porte Municipal Airport and authorizing the City Manager to execute all contracts and agreements with the State of Texas. Motion was made by Councilperson Clarke to approve Resolution 97-03 as presented. Seconded by Councilperson Gay. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Cooper, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None 13. CONSIDER APPROVING A CONTRACT WITH CARTER & BURGESS FOR ASSISTANCE WITH RENEWAL OF THE TNRCC PERMIT FOR DISCHARGE OF TREATED WASTEWATER - S. Gillett Director of Public Works Steve Gillett review the summary and recommendation to approve a contract with Carter and Burgess for assistance with renewal of the TNRCC permit for discharge of treated wastewater at a cost not to exceed $18,000. 0 • Minutes Regular Meeting La Porte City Council March 24, 1997, Page 6 Motion was made by Councilperson Porter to approve the Contract as presented. Seconded by Councilperson Cooper. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Cooper, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None 14. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR DISCUSSION A. CONSIDER AWARDING A BID FOR THE ANNUAL SUPPLY OF STABILIZED CALCIUM SULFATE TO GULF STATES MATERIALS - S. Gillett B. CONSIDER AWARDING A BID FOR FURNISHING FENCING AT FAIRMONT PARK BALL FIELDS TO FOUR SEASONS DEVELOPMENT COMPANY, INC. - S. Barr C. CONSIDER APPROVAL OF PURCHASE OF A 1997 FORD TAURUS THROUGH HGAC - G. Rankin Motion was made by Councilperson Porter to approve the Consent Agenda as presented. Seconded by Councilperson Cooper. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Cooper, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None 15. ADMINISTRATIVE REPORTS Assistant City Manager John Joerns reported on SH 146/225 interchange project and the casing project at Madison Street. 16. COUNCIL ACTION Councilpersons Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke, Malone brought items to Council's attention. 17. 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) Minutes Regular Meeting La Porte City Council March 24, 1997, Page 7 A. SECTION 551.071 - (LEGAL) MEET WITH THE CITY ATTORNEY AND CITY MANAGER TO DISCUSS CONTRACTUAL MATTER REGARDING TCI CABLE FRANCHISE B. SECTION 551.074 — (PERSONNEL) MEET WITH THE CITY ATTORNEY AND CITY MANAGER REGARDING A PERSONNEL MATTER (S) Council retired into executive session at 7:10 p.m. under section A) Section 551.071 - (Legal) Meet with City Attorney and City Manager to discuss contractual matter regarding TCI Cable Franchise; B) Section 551.074 (Personnel) Meet with City Attorney and City Manager regarding personnel matter (s). Council returned to the table at 8:47 p.m. with no action taken. 18. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There were no considerations for this item. 19. ADJOURNMENT There being no further business to come before Council, the meeting was duly adjourned at 8:48 p.m. Respectfully submitted, R"Y' #t),' Rhonda L. Yockov, Acting City Secretary Passed and Approved on this 10 Day of April, 1997 Norman L. Malone, Mayor • (5 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: _March 24. 1997 Requested By: Robert.T. Herrera Department: Administration Report Resolution XX Ordinance Exhibits: Ordinance No. 97 SUMMARY & RECOMMENDATION Recently, the City Manager informed Council that the City Secretary position will be vacant as of April 1, 1997. This position has been posted and advertised in several statewide publications. The job posting closes on April 4, 1997. I request that Council consider appointing Assistant City Secretary Rhonda Yockov as Acting City Secretary, to maintain a smooth transition in the City Secretary's office. Should Council agree to the interim appointment, Ms. Yockov would serve until applications have been reviewed and a City Secretary is appointed with Council's approval. Action Required by Council: Authorize the City Manager to appoint Rhonda Yockov Acting City Secretary effective April 1, 1997. Availability of Funds: _ General Fund_ Water/Wastewater Capital Improvement General Revenue Sharing _ Other Account Number: Funds Available: YES NO Approved for City Council Agenda Robert T. Herrera Date City Manager ORDINANCE NO. 97- 2165 AN ORDINANCE APPOINTING AN ACTING CITY SECRETARY OF THE CITY OF LA PORTEp FOR A TERM COMMENCING APRIL 1t 1997F AND UNTIL HER SUCCESSOR SHALL HAVE BEEN DULY APPOINTED AND QUALIFIED; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte ratifies, approves and confirms the appointment by the City Manager, of RHONDA L. YOCKOV , as Acting City Secretary of the City of La Porte, for a term commencing April 1, 1997, and until her successor shall have been duly appointed and qualified. Section 2. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, 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 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. 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 City for the time required by law preceding this meeting, as • • ORDINANCE NO. 97- 2165 PAGE 2 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 24th day of March, 1997. CIT OF LA PORTE By: -ZA /Nk#dn L. Malone, Mayor ATTEST: Sue Lenes, City Secretary Knox REQUE8& FOR CITY COUNCIL AGENDA I M Agenda Date Requested: March 24, 1997 Requested By: Robert T. Herrera Department: Administration Report Resolution XXX Ordinance Exhibits: 1. Ordinance 97-2160-A SUMMARY & RECOMMENDATION Should Council agree to the appointment of Ms. Rhonda Yockov acting City Secretary, it will be necessary to amend the ordinance calling for the Regular Annual Election of the City of La Porte, Texas, to be held on May 3, 1997. Action Required by Council: Consider an ordinance amending Ordinance 97-2160, calling the Regular Annual Election of the City of La Porte, Texas. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES _ NO Approved for City Council Agenda GtauA iL. w�= '-6 - I - Q-1 Robert T. Herrera DATE City Manager ORDINANCE NO. 97-2160-A AN ORDINANCE AMENDING AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS 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: Section 1. An election shall be held within the corporate limits of the City of La Porte, Texas, on the 3rd day of May, 1997, such day being the first Saturday in May, 1997, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of electing the following City officials: Mayor, for a 3 year term Councilperson--District 2, for a 3 year term % Councilperson--District 3, for a 3 year term A run-off election, if necessary, shall be held on Saturday, May 31, 1997, between the same hours. Section 2. Said election shall be held at each of the following voting places within said City, and the following named persons are hereby appointed as officers of said election, to -wit: Election Precinct #1 Polling Place: Lomax Elementary School 10615 North Avenue "L" La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the Southern Pacific Railroad tracks and Spencer Highway (West Main Street); THENCE westerly along Spencer Highway (West Main Street) to Big Island Slough; THENCE northerly along Big Island Slough to north boundary of Creekmont Subdivision; THENCE west along north boundary of Creekmont Subdivision to Underwood Road; THENCE north along Underwood Road to the Southern Pacific Railroad tracks; ORDINANCE NO. 97-2160-A Page 2 THENCE southeasterly along the Southern Pacific Railroad tracks, following a curve to the south, and continuing in a southerly direction along the Southern Pacific Railroad tracks to Spencer Highway (West Main Street), to the POINT OF BEGINNING. Election Officials: Kim E. Womack , Presiding Judge Barbara Womack , Alternate Presiding Judge Election Precinct #2 Polling Place: Baker School Cafetorium West Main Street and Underwood Road La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the center line of Big Island Slough and Fairmont Parkway; THENCE west along Fairmont Parkway to the east boundary line of the one hundred forty one (141) acre San Jacinto Junior College Site, same being the west boundary line of the former College View M.U.D. as described in Article 8280-381, V.A.T.S.; THENCE northerly along the west boundary line, and a northerly projection thereof, of said (College View M.U.D.) to Spencer Highway (West Main Street); THENCE east along Spencer Highway (West Main Street) to the center line of Myrtle Creek Drive; THENCE south along Myrtle Creek Drive to Cedarmont Drive; THENCE southerly along Cedarmont Drive to its intersection with the westerly projection of the rear lot lines of Block 17 in Fairmont Park West Section One; THENCE southeasterly along the rear lot lines of Block 17 in Fairmont Park West Section One, passing through Parkmont Drive and following the rear lot line of Block 18 of Fairmont Park West Section Two, to Quiet Hill Road; THENCE westerly along Quiet Hill Road to Willmont Road; THENCE southerly along Willmont Road to its intersection with the westerly projection of the rear lot line of Block 35 in Fairmont Park West Section Two; THENCE easterly along the rear lot lines of Block 35 in Fairmont Park West Section Two to the center line of Roseberry Drive; NO. 97-2160-A Page 3 THENCE northerly along the center line of Roseberry Drive to the center line of Hillridge Road; THENCE easterly along the center line of Hillridge Road to the center line of Big Island Slough; THENCE southerly alongthe center line of Big Island Slough to the intersection of Fairmont Parkway, to the POINT OF BEGINNING. Election Officials: Inge Browder , Presiding Judge Karen Barnhill , Alternate Presiding Judge Election Precinct #3 Polling Place: Rizzuto Elementary School 3201 Farrington Boulevard La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of an Exxon Pipeline Easement and Fairmont Parkway; THENCE west along Fairmont Parkway to center line of Big Island Slough; THENCE northerly along the center line of Big Island Slough to the center line of Hillridge Road; THENCE westerly along Hillridge Road to the center line of Roseberry Drive; THENCE southerly along the center line of Roseberry Drive to the intersection with the easterly projection of the rear lot line of Block 35 in Fairmont Park West Section Two; THENCE westerly along the rear lot line of Block 35 in Fairmont Park Section Two to the center line of Willmont Road; THENCE northerly along the center line of Willmont Road to the center line of Quiet Hill Road; THENCE easterly along the center line of Quiet Hill Road to the intersection of the southeasterly projection of the rear lot line of Block 18 in Fairmont Park West Section Two; THENCE northwesterly along the Fairmont Park West Section Two, and becoming the rear lot line Section One to Cedarmont Drive; rear lot line of Block 18 in passing through Parkmont Drive of Block 17 Fairmont Park West THENCE northerly along Cedarmont Drive to Myrtle Creek Drive; ORDINANCE NO. 97-2160-A Page 4 THENCE northerly along Myrtle Creek Drive to Spencer Highway (West Main Street); THENCE west along Spencer Highway (West Main Street) to Underwood Road; THENCE north alongUnderwood Road to the north boundary of the Creekmont Subdivision; THENCE east along the north boundary of the Creekmont Subdivision to Big Island Slough; THENCE southerly along Big Island Slough to Spencer Highway (West Main Street); THENCE east along Spencer Highway (West Main Street) to an Exxon Pipeline Easement; THENCE southerly along an Exxon Pipeline Easement to Fairmont Parkway, to the POINT OF BEGINNING. Election Officials: Paula Rizzuto , Presiding Judge Ana Estrada , Alternate Presiding Judge Election Precinct #4 Polling Place: Dewalt Special Services Center Madison and North 6th Street La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of North Broadway Street and the Southern Pacific Railroad tracks; THENCE south along North Broadway Street to Barbour's Cut Boulevard; THENCE east along Barbour's Cut Boulevard to North Brownell Avenue; THENCE south along North Brownell Avenue to East Madison Street; THENCE east along East Madison Street to North Holmes Avenue; THENCE southerly along North Holmes Avenue to East Main Street; THENCE westerly along East Main Street to South Broadway Street; THENCE south along South Broadway Street to West "A" Street; NO. 97-2160-A THENCE west along West "A" Street to State Highway 146; THENCE south along State Highway 146 to West "B" Street; THENCE west along West "B" Street to South 13th Street; THENCE south along South 13th Street to West "E" Street; Page 5 THENCE west along West "E" Street to the Southern Pacific Railroad tracks; THENCE north along Southern Pacific Railroad tracks, following a curve to the east of said railroad tracks; THENCE easterly along the Southern Pacific Railroad tracks to North Broadway Street, to the POINT OF BEGINNING. Election Officials: Betty Moore , Presiding Judge Francie Jordan , Alternate Presiding Judge Election Precinct #5 Polling Place: La Porte Senior High School 301 East Fairmont Parkway La Porte, Texas 77571 Boundaries: TRACT I BEGINNING at the intersection of Barbour's Cut Boulevard and North Brownell Avenue; THENCE east along Barbour's Cut Boulevard to Donaldson Avenue; THENCE southeasterly along Donaldson Avenue to the shoreline of Galveston Bay; THENCE southerly along the shoreline of Galveston Bay to the north city limit line of Shoreacres, (or the south line of Tract I ) : THENCE west along the north city limit line of Shoreacres (or the south line of Tract I) to South Broadway Street (Old Highway 146); THENCE north along South Broadway Street (Old Highway 146) to East Main Street; THENCE easterly along East Main Street to North Holmes Avenue; THENCE northerly along North Holmes Avenue to East Madison Street; ORDINANCE NO. 97-2160-A Page 6 THENCE west along East Madison Street to North Brownell Avenue; THENCE north along North Brownell Avenue to Barbour's Cut Boulevard, to the POINT OF BEGINNING. TRACT II BEGINNING at the intersection of South Broadway Street (Old Highway 146) and the south city limit line of Shoreacres (or the north line of Tract II); THENCE easterly along the south city limit line of Shoreacres (or the north line of Tract II) to the shoreline of Galveston Bay; THENCE southerly along the shoreline of Galveston Bay to the south city limit line of La Porte (or the south line of Tract II) ; THENCE westerly along the south city limit line of La Porte (or the south line of Tract II) to South Broadway Street (Old Highway 146); THENCE north along South Broadway Street (Old Highway 146) to the south city limit line of Shoreacres (or the north line of Tract II) to the POINT OF BEGINNING. Election officials: Cathy Emrick , Presiding Judge Mary Ann Trainer , Alternate Presiding Judge Election Precinct 46 Polling Place: La Porte City Hall 604 West Fairmont Parkway La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of West "A!' Street and South Broadway Street; THENCE south along South Broadway Street to the south city limit line of La Porte; THENCE west along the south city limit line of La Porte to the west right-of-way line of State Highway 146; THENCE northeasterly along the west right-of-way line of State Highway 146 to McCabe Road; THENCE west along McCabe Road to the Southern •Pacific Railroad tracks; • E NO. 97-2160-A Page 7 THENCE north along the Southern Pacific Railroad tracks to Fairmont Parkway; THENCE west along Fairmont Parkway to the Humble Pipeline Company right-of-way; THENCE northeasterly along the Humble Pipeline Company right- of-way to West Main Street; THENCE east along West Main Street to the Southern Pacific Railroad tracks; THENCE south along the Southern Pacific Railroad tracks to West "E" Street; THENCE east along West "E" Street to South 13th Street; THENCE north along South 13th Street to West "B" Street; THENCE east along West "B" Street to State Highway 146; THENCE north along State Highway 146 to West "A" Street; THENCE east along West "A" Street to South Broadway Street and the POINT OF BEGINNING. Election Officials: Shirley Farkas , Presiding Judge Louise Zoller , Alternate Presiding Judge Early Voting Place: La Porte City Hall 604 West Fairmont Parkway La Porte, Texas 77571 Section 3. Voting at said election, including early voting, shall be by the use of voting machines, and the ballots of said election shall conform to the Texas Election Code, as amended. Section 4. An Early Voting Ballot Board is hereby created to process Early Voting results for the election and the runoff election, if necessary. Charlotte Boudreaux is appointed Presiding Judge of the Early Voting Ballot Board. At least two (2) other members of the Early Voting Ballot Board shall be appointed by the Presiding Judge, in the same manner as the precinct election clerks. ORDINANCE NO. 97-2160-A Page 8 Early Voting by personal appearance shall begin on the 19th day and shall continue through the 4th day preceding the day of election. Early Voting by mail shall begin on the 45th day preceding the date of the election, or as soon thereafter as ballots are available, and shall continue until seven o'clock (7:00) P.M. on election day. Early Voting shall be conducted by a clerk for Early Voting, namely, Acting City Secretary, Rhonda L. Yockov, and the place at which the Early Voting shall be conducted is designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots voted by mail may be mailed. Early Voting by personal appearance shall be conducted on the weekdays of the early voting period and during the hours that the City Secretary's main business office is regularly open for business. Section S. The Council Conference Room of the La Porte City Hall is hereby designated as the Central Counting Station to receive all ballots cast at said election, and Rhonda L. Yockov is hereby appointed the Presiding Manager for said Central Counting Station. Said Manager shall appoint any clerks necessary to assist in receiving ballots and other records and in performing the other duties of said Manager in this regard. The City Manager is hereby authorized and directed to obtain, or cause to be obtained, the necessary electronic tabulating equipment, to arrange for the testing thereof as provided by law and to employ a duly qualified manager and a duly qualified tabulation supervisor to perform the duties respectively imposed on them by law with respect to the • • ORDINANCE NO. 97-2160-A Page 9 processing and tabulation of ballots at the Central Counting Station. Section 6. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and all early voting materials shall be printed in both English and Spanish, or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 7. The City Secretary of the City of La Porte shall forthwith issue Notice of said election by causing a substantial copy of this Ordinance to be published one time in the BAYSHORE SUN, which is hereby found and declared to be a newspaper of general circulation in said City, not less than ten (10) days nor more than thirty (30) days prior to the date of the said election. Section 8. Upon a candidate tendering his application on the form prescribed, the City Secretary shall furnish to such candidate all information relative to the qualifications for the office being sought; the method of placing the candidate's name on the ballot; the amount of the required filing fee; and any other pertinent information concerning said election. Section 9. Each candidate for the office of Mayor must be a resident elector of the City. Each candidate for the office of District Councilperson must also be a resident of the district for which he files. Section 10. The deadline for a candidate to make application to have his name appear upon the ballot for such election, is hereby designated and established as 5:00 o'clock P.M., Wednesday, March 19, 1997. No application shall be accepted for filing prior to 11 ORDINANCE NO. 97-2160-A Page 10 February 17, 1997. The filing fee for each candidate for the office of Councilperson is hereby established as Fifty Dollars ($50.00). The filing fee for each candidate for the office of Mayor is hereby established as One Hundred Dollars ($100.00). The filing fees shall be used to defray the cost of the election, and said fees shall be prorated and any surplus shall be refunded to said candidates. As an alternative to paying a filing fee, a candidate may obtain a place on the ballot by filing a petition as provided for in City of La Porte Home Rule Charter, Article 2.04 c.3. Section 11. Said election shall be held in accordance with the provisions of the City Charter of the City of La Porte, and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 12. Immediately after said election, the officers holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the City Council of the City of La Porte, and the City Council shall canvass said returns at the earliest practicable time, and shall, immediately after canvassing the returns, declare the results of the election. The Mayor shall immediately thereafter deliver to the candidate for whom the majority of votes has been polled for each respective office, a certificate of election. Such elected officials shall assume their duties within ten (10) days thereafter, Sundays, excluded, upon their taking the oath of office. Section 13. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other 0 0 ORDINANCE NO. 97-2160-A Page 11 provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 14. This Ordinance shall be in effect immediately upon its passage and approval. Except as amended by this Ordinance, Ordinance No. 97-2160 shall remain in full force and effect. Section 15. 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. PASSED AND APPROVED this the 24th day of March, 1997. CITY OF LA PORTE BY: No an Malone, yor ATTEST: Sue Lenes, City Secretary ROVED: nox W. As ins, City A orney DECRETO NO. 97-2160-A PAR ENMENDAR UN DECRETO QUE ORDENA LA ELECCION REGULAR ANUAL DE LA CIUDAD DE LA PORTE; ORDENA ELECCIONES FINALES CUANDO SEA NECESARIO; DESIGNANDO LOS DISTRITOS ELECTORALES Y LUGARES DE VOTACION; PROVEE PARA EL USO DE MAQUINAS DE VOTACION; NOMBRA OFICIALES DE LA ELECCION; PROVEE MEDIOS Y FECHAS PARA VOTACION TEMPRANA; PROVEE UNA PIZARRA DONDE SE ANUNCIE LOS RESULTADOS DE LAS VOTACIONES TEMPRANAS; PROVEE LOS RESULTADOS E INTERPRETACION DE LOS VOTOS DE DICHA ELECCION; PROVEE NOTIFICACIONES; PROVEE FECHAS LIMITES Y COSTO DE REGISTRO DE CANDIDATOS; PROVEE UNA CLAUSULA DE AHORRO; ASEGURA EL CUMPLIMIENTO CON LA LEY DE ASAMBLEA DE LIBRE ACCESO; Y PROVEE LA FECHA EN LA CUAL TENDRA EFECTO. SEA DECRETADO POR EL CONSEJO MUNICIPAL DE LA CIUDAD DE LA PORTE: Seccion 1. Una election se llevara a cabo dentro de los limites incorporados de la ciudad de La Porte, Texas, el 3 de Mayo de 1997, dicho dia siendo el primer Sabado de Mayo de 1997, entre las siete de la manana (7:00 A.M.) y las siete de la noche (7:00 P.M.); con el proposito de elegir los siguientes funcionarios de la Ciudad: Consejero Municipal General - Alcalde, por un termino de 3 anos Consejero - Distrito 2, por un termino de 3 anos Consejero - Distrito 3, por un termino de 3 anos Si es necesario, elecciones finales se llevaran acabo el 31 de Mayo de 1997, durante las mismas horas. Seccion 2. Dichas elecciones seran llevadas a Cabo en los siguientes lugares de votaciones de dicha ciudad, y las siguientes personas son nombradas oficiales de dicha eleccion, es decir: Distrito Electoral # 1 Lugar de Votacion: Lomax Elementary School 10615 North Avenue "L" LaPorte, Texas 77571 Limites: Comenzando en la interseccion de los rieles del tren Southern Pacific y Spencer Highway (la calle West Main); Desde alli al oeste, a to largo de la Spencer Highway (la calle West Main) a Biq Island Slough; Desde alli al norte, a to largo de sobre Big Island Slough al limite norte de la Subdivicion de Creekmont; Decreto No 97-2160-A Pagina 2 Desde alli al oeste sobre el limite norte de la Subdivicion de Creekmont hasty Underwood Road; Desde el norte sobre Underwood Road hasty los rieles del tren Southern Pacific (Southern Pacific Railroad Track); Desde alli hacia el sureste a to largo de los rieles del tren Southern Pacific siguiendo la curva hacia el sur y continuando en direccion al sur a to largo de las lineas del tren Southern Pacific hasty Spencer Highway (la calle West Main), hasty el panto del COMIENZO. Oficiales Electorales: Kim E. Womack - Juez que precide Barbara Womack - Juez Suplente Distrito Electoral # 2 Luqar de Votacion: Baker School Cafetorium West Main Street and Underwood Road La Porte, Texas 77571 Limites: COMENZANDO en la interseccion de la linea central de Big Island Slough y Fairmont Parkway; Desde el oeste sobre Fairmont Parkway hacia el limite este de los 141 acres del San Jacinto Junior College, siendo este mismo el limite del oeste del que era College View M.U.D., como to describe el articulo 8280-381, V.A.T.S. Desde alli hacia el norte a to largo de la linea limite oeste, y de la parte norte de la proyeccion de ello, de dicho (College View M.U.D) hasta Spencer Highway (West Main); Desde alli al este a to largo de Spencer Highway (la calle West Main) hasta la linea centrica de Myrtle Creek Drive; Desde alli al sur a to largo de Myrtle Creek Drive hasty Cedarmont Drive; Desde alli al sur sobre Cedarmont Drive hasta su interseccion con la proyeccion del oeste de la lineas traceras de los lotes de la cuadra 17 en Fairmont Park West Seccion Uno; Desde alli hacia el sureste a to largo de las lineas traceras de la cuadra 17 en Fairmont Park West Seccion Uno, pasando por Parkmont Drive y siguiendo las lineas traceras de la cuadra 18 de Fairmont Park West Seccion Dos, hasta Quiet Hill Road; Decreto No 97-2160-A Pagina 3 Desde alli al oeste sobre Quiet Hill Road a Willmont Road; Desde alli al sur sobre Willmont Road a su intersection con la proyeccion del oeste de las lineas tracera de la cuadra 35 en Fairmont Park West Seccion Dos; Desde alli al este sobre las lineas traceras de la cuadra 35 en Fairmont Park West, Seccion Dos hacia la linea central de Roseberry Drive; Desde alli al lado norte sobre la linea central de Roseberry Drive hacia la linea central de Hillridge Road; Desde alli al lado este sobre la linea central de Hillridge Road hacia la linea central de Big Island Slough; Desde alli al sur sobre la linea central de Big Island Slough a la intersection de Fairmont Parkway, hasta el punto del COMIENZO. Oficiales Electorales: Inge Browder Karen Barnhill Lugar de votacion: Limites: Juez que preside Juez Suplente Distrito Electoral # 3 Rizzuto Elementary School 3201 Farrington Boulevard La Porte, Texas 77571 COMENZANDO en la intersection del derecho de paso de la tuberia de Exxon y Fairmont Parkway; Desde alli al oeste a to largo de Fairmont Parkway hasta la linea central de Big Island Slough; Desde el norte a to largo de la linea central de Big Island Slough hasta la linea central de Hillridge Road; Hacia el oeste sobre Hillridge Road hasty la linea central de Roseberry Drive; Hacia el lado sur a to largo de la linea central de Roseberry Drive hasta la intersection con la proyeccion del este de la linea tracera de la cuadra 35 en Fairmont Park West Seccion Dos; Desde el oeste a to largo de la linea tracera de la cuadra 35 en Fairmont Park Seccion Dos, hasta la linea central de Willmont Road; Decreto No 97-2160-A Pagina 4 Hacia el lado norte a to largo de la linea central de Willmont Road, hasta la linea central de Quiet Hill Road; Desde el lado oeste a to largo de la linea central de Quiet Hill Road hasty la interseccion de la proyeccion del sureste de la linea tracera de la cuadra 18 en Fairmont Park West Seccion Dos; Desde el noroeste a to largo de la linea tracera de la cuadra 18 en Fairmont Park West Seccion Dos, pasando por Parkmont Drive y convirtiendose en la linea tracera de la cuadra 17 Fairmont Park West Seccion uno hasty Cedarmont Drive; Desde el norte a to largo de Cedarmont Drive hasta Myrtle Creek Drive; Desde el norte a to largo de Myrtle Creek Drive hasta Spencer Highway (la calle West Main); Desde el oeste a to largo de Spencer Highway (la calle West Main) hasta Underwood Road; Desde el norte sobre Underwood Road al limite norte de la subdivicion de Creekmont; Del limite este a to largo del limite norte de la subdivicion de Creekmont hasty Big Island Slough; Desde el sur a to largo de Big Island Slough hasta Spencer Highway (la calle West Main); Desde alli al sur a to largo del derecho de paso de la tuberia de Exxon hasta Fairmont Parkway, hasty el punto del COMIENZO. OBciales Electorales: Paula Rizzuto - Juez que Precide Ana Estrada - Juez Suplente Distrito Electoral # 4 Lugar de votacion: Dewalt Special Services Center Madison and North 6th Street LaPorte, Texas 77571 l�ITIil1��.� COMENZANDO en la interseccion de la calle North Broadway y los rieles del tren Southern Pacific; Desde alli al sur a to largo de la calle North Broadway a Barbour's Cut Boulevard; Decreto No 97-2160-A Pagina 5 Desde alli al sur a to largo de Barbour's Cut Boulevard a la Avenida North Brownell; Desde alli al sur a to largo de la Avenida North Brownell a la calle East Madison; Desde alli al este a to largo de la calle East Madison a la Avenida North Holmes; Desde alli al sur a to largo de la Avenida North Holmes a la calle East Main; Desde alli al oeste a to largo de la calle East Main a la calle South Broadway; Desde alli al sur a to largo de la calle South Broadway a la calle West "A"; Desde alli al oeste a to largo de la calle West "A" a State Highway 146; Desde alli al sur a to largo de State Highway 146 a la calle West "B"; Desde alli al oeste a to largo de la calle West "B" a la calle South 13; Desde alli al sur a to largo de la calle South 13 a la calle West "E"; Desde alli al oeste sobre la calle West "E" hasty los rieles del tren Southern Pacific; Desde alli al norte a to largo de los rieles del tren Southern Pacific, siguiendo la curvy al este de dicho rieles de tren; Desde alli al este a to largo de los rieles del tren Southern Pacific hasty la calle North Broadway, al punto del COMIENZO. Oficiales de Electorales: Betty Moore - Juez que preside Francie Jordan - Juez suplente Distrito Electoral # 5 Lugar de votacion: La Porte Senior High School 301 East Fairmont Parkway LaPorte, Texas 77571 Limites: ZONA I Decreto No 97-2160-A Pagina 6 COMENZANDO en la interseccion de Barbour's Cut Boulevard y la Avenida North Brownell; Desde alli al este a to largo de Barbour's Cut Boulevard hasty la Avenida Donaldson; Desde alli al sureste a to largo de ]a Avenida Donaldson hasty la linea costera de Galveston Bay; Desde alli al sur a to largo de la linea costera de Galveston Bay a la linea norte del limite de la ciudad de Shoreacres, (o la Linea sur de la Zona 1); Desde alli al oeste a to largo del limite norte de la Ciudad de Shoreacres (o en la linea sur de la Zona I) a la calle South Broadway (que fue, Highway 146); Desde alli al norte a to largo de la calle South Broadway (que fue Highway 146) a la calle East Main; Desde alli al este a to largo de la calle East Main a la Avenida North Holmes; Desde alli al norte a to largo de la Avenida North Holmes hasty la calle East Madison; Desde alli al oeste a to largo de la calle East Madison hasta la Avenida North Brownell; Desde alli al norte a to largo de la Avenida North Brownell hasta Barbour's Cut Boulevard, hasta el punto del COMIENZO ZONA II COMENZANDO en la interseccion de la calle South Broadway (que fue Hiqhway 146) y el limite sur de la ciudad de Shoreacres (o la linea norte de la Zona II); Desde alli al este a to largo del limite sur de la ciudad de Shoreacres (o la linea norte de la Zona I1) a la linea costera de Galveston Bay; Desde alli al sur a to largo de la linea costera de Galveston Bay hasta el limite sur de la ciudad de La Porte (o la linea sur de la Zona II); Desde alli al oeste a to largo del limite sur de la ciudad de La Porte (o la linea sur de la Zona II) hasta la calle South Broadway (que fue, Hiqhway 146); Desde alli al norte a to largo de la calle South Broadway (que fue, Hiqhway 146) hasta el sur de la ciudad de Shoreacres (o la linea norte de la Zona II) al punto del COMIENZO. • Decreto No 97-2160-A Pagina 7 Oficiales Electorales: Cathy Emrick Mary Ann Trainer - Lugar de Votacion: Limites: 7uez que preside 7uez Suplente Distrito Electoral # 6 La Porte City Hall 604 West Fairmont Parkway LaPorte, Texas 77571 COMENZANDO con la interseccion de la calle West "A" y la calle South Broadway; Desde alli al sur a to largo de la calle South Broadway hasta el limite sur de la ciudad de La Porte; Desde alli al oeste a to largo del limite sur de la ciudad de La Porte hasty el oeste de la linea del derecho de via de State Highway 146; Desde alli al lado noreste a to largo del este de la linea del derecho de via de State Highway 146 a McCabe Road; Desde alli al oeste a to largo de McCabe Road hasta los rieles del tree Southern Pacific; Desde alli al norte a to largo de los rieles del tren Southern Pacific hasty Fairmont Parkway; Desde alli al este a to largo de Fairmont Parkway hasta el derecho de via de Humble Pipeline Company; Desde alli al noreste a to largo del derecho de via de Humble Pipeline Company hasta la calle West Main; Desde alli al este a to largo de la calle West Main hasta los rieles del tren Southern Pacific; Desde alli al sur a to largo de los rieles del tren Southern Pacific hasty la calle West "E"; Desde alli al este a to largo de la calle West "E" hasta la calle South 13; Desde alli al norte a to largo de la calle South 13 hasty la calle West "B"; Desde alli al este a to largo de la calle West "B" hasta State Highway 146; ! ' • Decreto No 97-2160-A Pagina 8 Desde alli al norte a to largo de State Highway 146 hasty la calle West "A"; Desde alli al este a to largo de la calle West "A" a la calle South Broadway hasty el punto del COMIENZO Oficiales Electorales: Shirley Farkas - Juez que preside Louise Zoller - Juez Suplente Lugares de Votacion Temprana: La Porte City Hall 604 West Fairmont Parkway La Porte,Texas 77571 Seccion 3. La votacion en dicha election, incluyendo la Votacion Temprana, sera con el use de maquinas de votacion, y la papeleta de votacion de dicha eleccion, sera conforme el Codigo Electoral de Texas, a como ha sido enmendado. Seccion 4. Una junta de Votacion Temprana es creada para procesar los resultados de las elecciones de votacion temprana y si fuera necesario pars votaciones finales. Charlotte Boudreaux, es nombrada como la Juez que Precide la Votacion Temprana. Por to menos otros dos miembros de la junta seran nombrados por el juez que preside, y en la misma manera Como asistente de eleccion del distrito electoral. Votaciones tempranas en persona comenzaran el dia 19 y continuaran hasty el dia cuarto precediendo la eleccion. Votaciones tempranas por correo comenzaran el dia 45 precediendo la fecha de eleccion y continuaran hasty las siete de la noche (7:00 P.M.) el dia de la election. Votaciones tempranas seran conducidas por la secretaria de Votaciones Tempranas, Secretaria Interina Rhonda L. Yockov, y el lugar en el cual las Votaciones Tempranas seran conducidas es designado Como La Porte City Hall, 604 West Fairmont Parkway, La Porte,Texas, a cuya direction las aplicaciones para las papeletas de votacion y la votacion hecha por correo podran ser enviadas. Votaciones tempranas hechas en persona seran conducidas en los digs designados para votaciones tempranas durante las horas que la oficina principal de negocios de la Secretaria de la Ciudad se encuentre abierta al publico. Seccion 5. El cuarto de conferencia del consejo de la ciudad de La Porte, esta aqui designado como la Estacion Central de Contaduria para recibir todas las papeletas de votacion de dicha eleccion, y Rhonda L. Yockov es nombrada Como la Gerente que preside dicha Estacion Central de Contaduria. Dicha Gerente nombrara cualquier asistente para ayudar a recibir las papeletas de votacion y otros documentos, y podra ejecutar otros trabajos delegados por dicha Gerente concernientes con dicho proyecto. El Decreto No 97-2160-A Pagina 9 administrador de la ciudad esta autorizado a obtener o hacer que se obtenga el equipo electronico de tabular necesario, de ordenar la prueba de alli en adelante como es proveido por la ley y de emplear un administrador calificado y a un supervisor de tabulacion calificado para desempenar sus deberes respectivamente impuestos por la ley con respecto al proceso y tabulacion de papeletas de votacion en la Estacion Central de Contabilidad. Seccion 6. Que todo el material de eleccion incluyendo aviso de eleccion, papeletas de votacion, tarjetas de instrucciones, juramentos y otras formas que requieran que el votante sea requerido a firmar y todo el material para la votacion temprana seran impresas en Ingles y Espanol, o la traduccion del Espanol sera disponible en las circumstancias permitidas y en la manera que to requiere la ley. Seccion 7. El Secretario de la Ciudad de La Porte emitira enseguida un aviso de dicha elecion al hacer que una copia verdadera de este Decreto sean publicadas una vez en el BAYSHORE SUN, el cual se ha encontrado y confirmado ser un Periodico de circulacion general de dicha Ciudad, no menos de diez (10) dias o mas de treinta (30) dias antes de la fecha de dicha eleccion. Seccion 8. Al entregar el candidato su aplicacion en la forma prescrita, el Secretario de la ciudad, dara a dicho candidato toda la informacion necesaria pars la calificacion de puesto que se esta buscando; el metodo de colocar el nombre del candidato en las papeletas de votacion; la cantidad de dinero requerido para registrarse; y cualquier otra informacion necesaria que tenga que ver con la election. Seccion 9. Cada candidato para el puesto de Alcalde debera de ser un residente votante de la ciudad. Cada candidato para el puesto de Consejero de Distrito, tambien debera de ser residente del dstrito por el cual se esta registrando. Seccion 10. La fecha de vencimiento para que el candidato Naga su aplicacion, para que su nombre aparezca en las papeletas de votacion, esta aqui designada y establecida como las 5:00 P.M. (cinco de la tarde), miercoles 19 de marzo de 1997. Ninguna aplicacion sera aceptada para registrarse antes del 17 de febrero de 1997. El precio del registro para calla candidato para consejero esta establecido que sera de $50.00, (cincuenta dolares). La quota de registro pars candidato pars la oficina del Alcalde esta establecida a $100.00 (cien dolares). Este dinero sera usado para costear los gastos de la eleccion, y dicho precio sera prorrateado y si hay sobrante sera regresado a dichos candidatos. Como alternative para pagar el registro, el candidato puede obtener un lugar el la papeleta de votacion al llenar una peticion proveida por la carts constitucional del gobierno propio de la Ciudad de La Porte, Articulo 2.04 c.3. Seccion 11. Dicha eleccion sera llevada a Cabo de acuerdo con ]as proviciones de la carta constitucional de La Ciudad de La Porte, y las leyes de las elecciones generales del Estado de Texas de gobernando elecciones generales y elecciones municipales, siempre y cuando esto sea aplicable a ello. Seccion 12. Inmediatamente despues de dichas elecciones, el oficial encargado hara la entrega de los resultados y de los documentos acompanantes para el use de una encuesta oficial del consejo municipal de la Ciudad de La Porte; y el Consejo Municipal de la Ciudad interpretara dichos Decreto No 97-2160-A Pagina 10 resultados to mas pronto posible, a inmediatamente despues de haberlos interpretado, declararan los resultados de la eleccion. El Alcalde inmediatamente le entregara al candidate por el cual la mayoria han votado pars cads puesto, un certificado de eleccion. Dicho oficial elegido asumira sus responsabilidades en los siguientes diez (10), dias, excluyendo el domingo, al haber recibido juramento al asumir el cargo. Seccion 13. Toda y cada provicion, parrafo, oracion y clausula de este Decreto, ha sido considerado separadamente y aprovado por el Consejo Municipal de la Ciudad de La Porte, Texas y cada dicha provision pudo haber sido aprobada separadamente sin ninguna otra provision, y si alguna provision de aqui en adelante no es efectiva, invalida inconstitucional, por cualquier motivo, no impedira o afectara el resto de la provicion, o ninguna otra parte, pero la parte valida sera enforzada como si hubiese sido aprovada separadamente. Seccion 14. Este Decreto estara en efecto inmediatamente al ser aprovado. Excepto a la enmienda por este decreto, decreto No. 97-2160 quedara en fuerza completa y en efecto. Seccion 15. El Consejo Municipal encuentra, determina, recita, y declara que un aviso por escrito con la fecha, hora, lugar y objeto de esta reunion del consejo municipal, fue puesta en un lugar conveniente pars el publico en la Municipalidad de la Ciudad con el tiempo requerido por la ley precediendo esta reunion, como to es requerido por la Ley de Asamblea de Libre Acceso, Capitulo 551, clave del Gobierno de Texas, y que esta asamblea ha sido abierta al publico todo el tiempo que es requerido por la ley durante el cual este decreto y cualquier otro asunto haya sido discutido, considerado y formalmente aceptado. El Consejo Municipal ratifica, aprueba, y confirma dichos avisos por escrito y el contenido de anunciarlo de alli en adelante. ACEPTADO Y APROVADO este dia 24 de Marzo de 1997. CIUDAD DE LA PORTE POR: f001"c` Norman Malone, Alcalde TESTIFICA: Sue Lenes, Secretaria de la Ciudad A VADO POR: 62�� -a) 11 Knox W. Asldns, Abogado de la Ciudad I i UE#FOR CITY COUNCIL AGENDA C1 Agenda Date Requested: March 24, 1997 Requested By: Louis Rigby Department: Administrative Services Report Resolution Ordinance On March 10, 1997, the City received proposals to design and install a Wide Area Network (WAN). The WAN will connect the current and future personal computers (PC) in five geographically separated locations: City Hall, Public Works, Police Station, Fire Station, and Parks & Recreation. It will also attach the City's new main frame computer to a portion of the PC's which share the financial and administrative applications. Eighteen RFP's were mailed and we received five proposals. Vendors were evaluated on the following criteria: Experience with configuring major WANs Financial stability of the provider Cost of services References Telephone support The Accord Group, the City's computer consultant, has reviewed the proposals and found that BIZCOMP, located in Houston, submitted the proposal which best meets the City's needs. The cost, which may vary depending upon the actual installation hours, is estimated to be $48,930. $50,000 was set aside for this project. Staff agrees that BIZCOMP can fulfill this need. Action Required by Council: Authorize City Manager to negotiate a contract with BIZCOMP to provide design and installation of a WAN. Availability of Funds: General Fund X Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 015 9892 543 4100 Funds Available: X Yes No Approved for City Council Agenda C20kWVk 1. 4",V� 3- Ig -en Robert T. Herrera Date City Manager Ordinance No. 97 - 2166 AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND BIZCOMP FOR DESIGN AND INSTALLATION OF A WIDE AREA NETWORK (WAN); APPROPRIATING $48, 930 TO FUND SAID CONTRACT; MAKING VARIOUS 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 PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $48,930 from Capital Improvement Account No. 015-9892-543-4100 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. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 241h day of March, 1997. CITY OF LA PORTE By /1*-• Orman L. Malone, Mayor ATTEST: Sue s, City Secretary r Knox W. Askins, City Attorney 0 0 p REQUEST FOR CITY COUJIYCIL AGENDA ITEM Agenda Date Requested: March 24 997 Requested By: Stephen L. Barr 1- rpartment: Parks & Recreation Report Resolution X Ordinance Exhibits: 1. Ordinance 97- Approving and Authorizing an Agreement between the City of La Porte and the La Porte Boy's Baseball Association 2. Agreement Between the City of La Porte and the La Porte Boy's Baseball Association Regarding the Use of Youth Baseball Facilities SUMMARY & RECOMMENDATION The City of La Porte, through the Parks & Recreation Department has worked with the La Porte Boy's Baseball Association for many years to provide recreational baseball for the approximately 750 boys of La Porte and the surrounding area who play baseball annually in this city. The City has traditionally provided fields and maintenance of those fields, described in the Agreement; while the Association, through its parent board, has provided organizational support by organizing leagues, tournaments, practices, scheduling games, uniforms, etc. for the kids. The Ordinance considered here will formalize the City's agreement with the La Porte Boy's Baseball Association for the first time. Under the proposed Agreement, the Parks and Recreation Department would continue to manage all operations related to facility and grounds maintenance at the designated youth baseball fields in the park system. The City would formally accept responsibility for maintenance of structures, fencing, parking lots, sidewalks, turf areas, and field maintenance at the youth baseball facilities. The La Porte Boy's Baseball Association would continue to conduct year-round youth baseball league games, practice games, tournament games, and league playoff games for the baseball community. The public would have access to the fields for pickup games at times when the fields are not specifically being used or prepared for baseball games by the Association. The City reserves the right to close the fields for maintenance or other purposes when conditions require such closing. The Agreement would remain in effect for five (5) years, with an option to continue for an additional five (5) years if both parties agree. The Agreement calls for provision of liability insurance by the Association (which it already provides) to cover both participants, and the City. The Agreement calls for provision of financial statements from the Association to the City to assure the Association's fiscal responsibility. The City has previously entered into an agreement with the La Porte Soccer Club for youth soccer which was approved by Council on July 22, 1996. Staff has started discussions with La Porte Giri's Softball Association and will bring their agreement before Council when it is completed. Staff recommends the approval of Ordinance 97- which establishes a formal Agreement between the City of La Porte and the La Porte Boy's Baseball Association regarding the use of youth baseball facilities in the City of La Porte. Action Required by Council: Consider approval of Ordinance 97- which establishes a formal Agreement between the City of La Porte and the La Porte Boy's Baseball Association regarding the use of youth baseball facilities in the City of La Porte. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: N/A YES _NO Approved for City Council Agenda: Robert T. Herrera, Date City Manager • ORDINANCE NO. 97 -2167 AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE BOY'S BASEBALL ASSOCIATION REGARDING THE USE OF YOUTH BASEBALL FACILITIES; MAKING VARIOUS 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 PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 97 - -.216 7 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 24th day of March, 1997. CITY OF LA PORTE By /'� Norman L. Maione, Mayor ATTEST: Sue Lenes, City Secretary APPROVED: / Knox W. Askins, City Attorney a. Agenda Date Requested: March 24, 1 97 Requested By: Stephen L. Barr Department: Parks & Recreation Report Resolution X Ordinance Exhibits: 1. Ordinance 97- An Ordinance Approving, and Authorizing an Agreement Betw�e City of La Porte and the San Jacinto Branch of the Greater Houston Area Young Men's Christian Association, for Provision of Life Guard Services at Various Swimming Pools for the 1997 Season 2. Agreement SUMMARY & RECOMMENDATION The City of La Porte has requested proposals for provision of life guarding services at Brookglen, Fairmont, and San Jacinto Pools for the upcoming 1997 swim season. Requests for Proposals were delivered to five area companies that provide life guarding services. The proposals were opened on March 17, 1997 and there were two proposals submitted for consideration. After careful evaluation of the two proposals submitted, the City of La Porte proposes to enter into an agreement with the San Jacinto Branch of the Greater Houston Area Y.M.C.A. to provide lifeguard services at these pools for the 1997 swim season, as the proposal submitted which is in the best interests of the City. Under the terms of the agreement, the San Jacinto Y.M.C.A. will provide American Red Cross certified lifeguard staffing to accommodate the number of swimmers at the pools at a recommended ratio of one to twenty-five (1:25) during the hours that the pool is open to the public. The hours of operation are the same as last year's operating hours at the neighborhood pools. The Y.M.C.A. has the right to teach swimming lessons at the pools during the 1997 swim season. The City will provide a Pool Manager for revenue collection customer relations, and monitoring of pool operations. The City will maintain the water quality of the pool, and provide any necessary equipment and materials for the safe operation of the pool. Cost of the agreement to the City for lifeguard provision for the 1997 swim season at Brookglen Park Pool, Fairmont Park Pool, and San Jacinto Pool is Twenty Nine Thousand One Hundred Fifty Seven Dollars ($29,157) which will be funded from budgeted funds for this purpose. The Y.M.C.A. staff has provided lifeguard services at Brookglen Park Pool for the Brookglen Community Improvement Association for the past several years. The Y.M.C.A. provided life guarding services at this site last year for the City of La Porte, with good results. The agreement calls for an additional year of service provision, if both parties agree. Staff Recommendation: Staff recommends the approval of Ordinance 97- which ratifies and confirms the agreement between the City and the San Jacinto Branch of tie Treater Houston Area Y.M.C.A. for provision of life guarding services at Brookglen Park Pool, Fairmont Park Pool, and San Jacinto Pool for the 1997 swim season. Action Required by Council: Consider approval of Ordinance 97- which ratifies and confirms the agreement between the City and the San Jacinto Branch of the reater Houston Area Y.M.C.A. for provision of life guarding services at the Brookglen Park Pool, Fairmont Park Pool, and San Jacinto Pool for the 1997 swim season. Availabilit of Funds: X General Fund waterlwastewater Capital Improvement General Revenue Sharing Other Account Number: 001-8081-551-5007 Funds Available: X YES NO Approved for City Council Agenda: !2 A_� T. A.,-lc� -3- ig -cl-I Robert T. Herrera, Date City Manager ORDINANCE NO. 97- 2168 AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE SAN JACINTO BRANCH OF THE GREATER HOUSTON AREA YOUNG MEN'S CHRISTIAN ASSOCIATION; APPROPRIATING $29,157.00 TO FUND SAID CONTRACT; MAKING VARIOUS 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 PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City council appropriates the sum of $29,157.00 from the General Fund Account No. 001-8081-551-5007 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. • is ORDINANCE NO. 97- 2168 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 24th day of March, 1997. CITY OF LA PORTE By • �� Orman L. Malone, Mayor ATTEST: oe��- Sue Lenes, City Secretary r APPROVED: / �' �4rl Knox W. Askins, City Attorney SAN JACINTO BRANCH OF THE GREATER HOUSTON AREA YOUNG MEN'S CHRISTIAN ASSOCIATION AND THE CITY OF LA PORTE CONTRACT FOR LIFE GUARDING SERVICES AT BROOKGLEN PARK POOL, FAIRMONT PARK POOL, AND SAN JACINTO POOL This Contract for Life guarding Services (the "Contract") is entered into by and between the San Jacinto Branch of the Greater Houston Area Young Men's Christian Association, whose address is 1716 Jasmine, Pasadena, Texas, 77503 (hereinafter referred to as (the "CONTRACTOR") and who agrees to provide life guarding services as an independent contractor, and not an agent or employee, at the Brookglen Park Pool, located at 3324 Somerton, La Porte, Texas; Fairmont Park Pool, located at 10216 Hillridge, La Porte, Texas; and the San Jacinto Pool, located at 618 San Jacinto, La Porte, Texas; (hereinafter referred to as "the Pools") owned by the City of La Porte (hereinafter referred to as "the City") according to the terms set forth in this Contract. The Contractor agrees to perform the following services and to accept the following obligation during the term of the Contract: The Contractor will monitor the Pools, deck and fenced areas daily during "swimming season". This includes: checking the PH level, chlorine level, adding chemicals (Head Guard/Supervisor only) as needed and logging those readings and adjustments hourly during open swim hours; checking the total alkalinity level and logging that reading on a weekly basis; policing grounds; sweeping and hosing off the deck. area; bagging trash and placing trash curbside on designated days for pickup; and cleaning restroom facilities daily. 2. The Contractor will furnish lifeguards during the hours of operation as stated in Appendix A. Life guards provided by the Contractor will be at least sixteen (16) years of age. The Head Guard/Supervisor will be at least eighteen (18) years of age and shall be on duty during all hours that each pool is in operation. The Head Guard/Supervisor for each shift will be designated by the Contractor. Guards will hold current Y.M.C.A., or American Red Cross Lifesaving certifications and will be certified in CPR and trained in first aid. Training and certification process to be completed by the Contractor, at no cost to the City. Staffing must be based on a ratio of twenty-five (25) swimmers per one (1) lifeguard (25:1). The Contractor retains the right to submit evidence to the City showing just cause of a change in the number of lifeguards to properly oversee the Pools . If increased staffing is required, the additional cost will be figured according to the Cost Analysis set out in Appendix B. The Contractor will maintain minimum staffing levels at all times that the Pools remain open to the public according to the schedule provided in Appendix A. 3. If the Pools are closed due to weather conditions, the lifeguards will clear the pool area and at least one (1) lifeguard will remain on the pool premises until normal closing hours unless conditions warrant that it is unsafe to stay on the premises. The additional guards may leave the premises but will be "on call" at home pending clearing weather. page 1 of 11 4. Alcohol and smoking are not permitted on park or pool grounds at any time by City Ordinance. 5. The Contractor will have exclusive rights to organize and operate swimming lessons at the Pools. Lessons will be conducted by Contractor swimming instructors, and instructions will be part of the Contractor progressive swimming program. Non -City residents participating in lesson programs must have private vehicle transportation. Specifically, church, day care, and Contractor busses and/or vans are not to be used to bring groups of non -City residents to the lessons. Lessons will follow Contractor guidelines for teacher/student ratios. Lessons will be scheduled during the hours that the Pools are closed for public swimming. Revenues generated by swimming lessons shall be retained by the Contractor. The Contractor will organize, categorize, and distribute literature regarding various levels of lessons to be offered, and collect revenues on site at the Pools. Revenue collection will be completely separate from the City revenue collection process. The Contractor shall provide any marketing, advertisement, or other enticement for swimming lessons at no cost to the City. The Contractor will provide schedules of lessons and fees to the City prior to opening of the Pools for distribution upon request to interested citizens. Citizens of the City of La Porte will have priority in enrolling for aquatic lessons and will be given a Ten Dollar ($10) reduction on fees charged to "associate members" of the Contractor, IF APPLICABLE. 6. The Contractor staff employed at the Pools have a right to use the Pools for required lap swim, which is required to retain their Red Cross or applicable certification, during any hours the Pools are closed to the community for recreational swim; except after park closing hours. Brookglen Park, Fairmont Park, and Central Park (site of San Jacinto Pool) hours of operation are from 7:00 a.m. until 10:00 p.m. each day. The Contractor shall furnish equipment for lifeguards as it deems necessary, which shall include but not be limited to: whistles, lanyards, uniforms, hat or visor, sunscreen, or other items which may be required for lifeguard's protection or use. 7. The Contractor and the City shall work in conjunction and be responsible for the enforcement of the City Pool rules. A copy of rules to be enforced is attached as Appendix C. The City shall post and maintain a Pool Rules sign. 8. The Contractor will be responsible for maintaining the premises and equipment assigned, in good repair and the replacement of any equipment damaged or missing through the Contractor's operation.. At the termination of the contract, the Contractor may remove his own equipment, but will be responsible for leaving the premises in their original state of repair, less normal wear and tear, or replace or reimburse the city for any damaged or missing equipment assigned to him. This will be done to the satisfaction of the City, prior to releasing the Contractor of his sureties from obligation. The City agrees to perform the following services and to accept the following obligations during the tern of the Contract: page 2 of 11 1. The City will pay the Contractor the total sum of Twenty Nine Thousand One Hundred Fifty Seven Dollars ($29,157.00) during the four (4) month period commencing in May, 1997 and ending in August, 1997 as outlined in Appendix B. In the event of changes in Pools usage and staffing, this amount will be adjusted accordingly by mutual agreement of both parties. 2. The City agrees to pay the total sum, in Number 1 above, in the amounts and months indicated in the schedule below. All amounts are due ten (10) days from the first of each month. The late fee shall be ten percent (10%) of the amount due that month. Billings will be submitted by the twenty-first day of the prior month. PAYMENT SCHEDULE May* $7.449.00 June $88 100.00 July $8.748.00 August $44 860.00 Total $29.157.00 *Administrative fees, cleaning fees, and life guard services for May are included in May Payment 3. The City will have administrative oversight of pool staff. The City, through its authorized representative, shall decide any and all questions which may arise as to the acceptability of services rendered and as to the manner of performance, all questions which arise as to the interpretation of the conditions and specifications, and all questions as to the acceptable fulfillment of the contract. The City will have the right to request replacement of personnel who have demonstrated disregard for proper etiquette, failure to follow pool rules and regulations, or violations of the terms of this contract or any other reason deemed in the best interests of the City. 4. The City will collect all revenue at the pool sites, except for lesson revenues, which shall be collected by the Contractor as herein provided. The City shall make all patron counts at the Pools for purposes of staffing increases, if necessary, as required by ratios established elsewhere in this contract. 5. The City will maintain the quality of the Pools water and equipment in proper operating equipment; staff provided by the Contractor will contact the City to resolve any water quality or equipment problems as they arise. The City will provide the necessary Pools chemicals, equipment, and materials to operate the Pool. 6. The City will provide the necessary janitorial supplies for the sanitary operation of the restrooms and other materials and supplies as may be necessary for operation of the facility, except those materials and supplies directly related to the lifeguard operations. page 3 of 11 7. The City will provide an operational telephone at the Pools during the term of this contract. The City agrees to provide the following safety equipment at the Pools during public swim hours for the term of this contract; one (1) Shepherd's Crook with separate pole; one (1) ring buoy with throw rope, one (1) backboard with 4 straps and head immobilizer; three (3) rescue tubes; one (1) pair safety goggles; one (1) pair rubber gloves; one (1) pair of steel -toed rubber boots; one (1) stocked first -aid kit; one (1) Material Safety Data Book; one (1) approved fire extinguisher. The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the contract, or any part thereof, to any person, partnership, company or corporation without prior written consent of the City of La Porte. IV. The Contractor shall procure all permits and licenses, pay all charges and fees necessary and incidental to the due and lawful conduct of the services. He shall keep himself fully informed of all existing and future National, State and Local laws, ordinances and regulations which in any manner affect the fulfillment of the contract and comply with same. V. The Contractor shall provide a Business Service Bond covering every and all requirements of the contract, in the amount of $10,000 shall be furnished concurrent with the execution of the contract. In lieu of a bond, a negotiable Certificate of Deposit from a bank in Hams County, Texas, or a Letter of Credit from a bank in Harris County, Texas may be furnished. VI. The Contractor agrees as its sole liability to indemnify, defend, protect, and hold harmless the City of La Porte, its officers, employees, agents, and/or assigns from liability, responsibility, or losses arising out of any negligent act or omission or any willful wrongdoing on the part of the Contractor, its officers, employees, agents, and/or assigns. The conduct of swim lessons shall be a part of this indemnification. VII. The Contractor specifically agrees to assume sole and total liability to indemnify, defend, protect and hold harmless the City of La Porte from liability, responsibility or losses arising from any and all incidents, accidents, or claims that may result from Contractor conducted, sponsored or operated events to include but not be limited to; swim lessons, parties, and other events conducted at the Pools. The City agrees to indemnify, defend, protect, and hold harmless the Contractor from liability, responsibility, or loss arising out of any negligent act or omission or any willful wrongdoing on the : part of the City or any agent or employee of the City, but only insofar as said acts or omissions relate to the provisions and undertakings of this agreement. page 4 of 11 0 • Vill. The Contractor shall keep and maintain during the term of this contract, a comprehensive general liability policy, with the City named as Additional Named Insured, with limits of liability of not less than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage per occurrence, with a minimum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation shall be provided to the City. The Contractor shall furnish the City with a CerWilcate of Insurance evidencing such coverage. Such insurance shall include contractual liability insuring the indemnity agreements contained in this contract. IX. All salaries to be paid as a result of this contract shall include worker's compensation, social security, and unemployment insurance. The actual salaries shall be paid at the discretion of the Contractor. The Contractor shall furnish to the City a Certificate of Insurance or other evidence showing property liability insurance coverage and worker's compensation insurance coverage for its staff for the duration of the contract. X. The term of this contract shall be for a four (4) month period beginning in May, 1997 and ending in August, 1997 according to the schedule shown in Appendix A. The City may extend the contract for the same four (4) month period in the successive year, 1998, provided both parties agree in writing to the extension. If at any time, in the opinion of the City of La Porte, the Contractor has failed to render services of proper quality, or has failed in any other respect to perform as specified and intended in and by the terms of the contract, notice thereof in writing will be served; and should the Contractor neglect or refuse to provide means for a satisfactory compliance with the agreement, directed by the City, within the time specified in such notice, the City shall have the power to suspend the operation of the contract. Upon such suspension, the Contractor's control shall terminate and thereupon the Council of the City or its duly authorized representative may employ other parties to carry the contract to completion in such manner as the Council may deem proper. Any excess cost arising therefrom will be charged against the Contractor and his sureties, who will be liable therefore. In the event of such suspension and cancellation, all money due the Contractor or retained under terms of the contract shall be forfeited to the City, but such forfeiture will not release the Contractor for his sureties from liability for failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess cost incurred, arising from the suspension of the contract and the completion of it by the City of La Porte as provided, and the Contractor will be credited with any surplus remaining after all just claims for such completion have been paid. 0 This instrument contains the entire agreement between the parties relating to the rights granted in the contract and the obligations assumed as a part of the contract. Any representations or modifications concerning this contract shall have no force or effect unless modified in writing, and signed by each party to the agreement. page 5 of 11 rM If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this contract shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this contract. The contract shall be in force from May, 1997 until August, 1997, unless extended in writing pursuant to the terms in Section X. IN TESTIMONY WHEREOF, this instrument has been executed in duplicate, each to have the effect of an original as follows: (A) It has been executed on behalf of the City on the day of , 1997, by its City Manager and attested by its City Secretary, pursuant to an Ordinance of the City Council of the City of La Porte, authorizing such execution; and (B) It has been executed on behalf of the Contractor on the day of , 1997, by Executive Officer of the Contractor and attested by its Secretary, authorizing such execution. ATTEST: Sue Lenes, City Secretary ATTEST: Secretary CITY OF LA PORTE By: Robert T. Herrera, City Manager SAN JACINTO BRANCH OF THE GREATER HOUSTON AREA YOUNG MEN'S CHRISTIAN ASSOCIATION By: JAMES HAUGEN, Executive Officer Y.M.C.A. OF THE GREATER HOUSTON AREA By: WAYNE BREWER, Senior Vice President page 6 of 11 APPENDIX A Brookglen Park Pool 3324 Somerton La Porte, Texas Fairmont Park Pool 10216 Hillridge La Porte, Texas San Jacinto Pool 618 San Jacinto La Porte, Texas The Pools 1997 season is scheduled as follows: The Pools will open to the public on May 24, 1997 and close on August 17, 1997. Days and Hours of operation are as follows: Tuesday through Sunday of each week the Pools will open at 12:00 noon and close at 6:00 p.m. Monday (Memorial Day only) the Pools will open at 12:00 noon and close at 6:00 p.m. The Contractor shall begin operations with sufficient timing to provide the services contracted at the beginning dates specified above, and continue through the end of the dates specified above at the Pools. page 7 of 11 APPENDIX B SCHEDULE OF PAYMENTS BROOKGLEN PARK POOL May 8 days X 6 hours X two guards X $9.00 per hour June 25 days X 6 hours X two guards X $9.00 per hour July 27 days X 6 hours X two guards X $9.00 per hour Aug 15 days X 6 hours X two guards X $9.00 per hour CLEANING 3 hrs. per week X 13 weeks X $9.00 per hour SUBTOTAL 15 % ADMINISTRATIVE FEE TOTAL FEES, SERVICES AT BROOKGLEN PARK POOL May 8 days X 6 hours X June 25 days X 6 hours X July 27 days X 6 hours X Aug 15 days X 6 hours X CLEANING 3 hrs. per week X SUBTOTAL SCHEDULE OF PAYMENTS FAIRMONT PARK POOL two guards X $9.00 per hour two guards X $9.00 per hour two guards X $9.00 per hour two guards X $9.00 per hour 13 weeks X $9.00 per hour 15 % ADMINISTRATIVE FEE TOTAL FEES, SERVICES AT FAIRMONT PARK POOL page 8 of 11 $864.00 $2.7 00.00 $2.916.00 $1 620.00 $351.00 $8.451.00 $1,268.00 $9,719.00 $864.00 $2.700.00 $2 916.00 $1,620.00 $351.00 $8,451.00 $1.268.00 $9,719.00 • 0 APPENDIX B (continued) SCHEDULE OF PAYMENTS SAN JACINTO POOL May 8 days X 6 hours X two guards X $9.00 per hour $864.00 June 25 days X 6 hours X two guards X $9.00 per hour $22 700.00 July 27 days X 6 hours X . two guards X $9.00 per hour $2.916.00 Aug 15 days X 6 hours X two guards X $9.00 per hour $1.620.00 CLEANING 3 hrs. per week X 13 weeks X $9.00 per hour $351.00 SUBTOTAL $88 451.00 15 % ADMINISTRATIVE FEE $1,268.00 TOTAL FEES, SERVICES AT SAN JACINTO POOL $9s719.00 page 9 of 11 APPENDIX C CITY OF LA PORTE AQUATICS GENERAL RULES AND REGULATIONS The following rules were developed for your safety and protection. Please abide by them. 1. The lifeguard is the pool authority and will enforce all rules. If you encounter a problem, please contact the Head Guard/Supervisor. 2. The following items / situations are not allowed: Items: Gum Situations: Diving in shallow areas • Cigarettes Profanity Tobacco Products Hanging on lane ropes Snorkels or tempered glass mask Horseplay Frisbees, tennis balls, or hard balls Public display of affection Bicycles, skates, or skateboards Throwing in bathers or allowing them to dive from shoulders or knees 3. Fighting is forbidden. 4. Scuba equipment is not allowed. 5. No glass containers in the facility. 6. Please do not leave valuables unattended. We do not take responsibility for their loss or theft. 7. The pool will close for twenty minutes when thunder is heard or lightning is sighted and presents a danger to the public. The pool will reopen twenty minutes after the last thunder is heard or lightning is seen. 8. Alcohol and drugs are not allowed in the pool area. (The only exception to this is rentals at the Wave Pool where an alcohol permit has been obtained prior to the rental.) Intoxicated individuals will not be allowed into the facility. 9. Dunking and chicken fighting are not permitted. 10. Fins must be worn only in the water. Walking on deck with fins is not permitted. 11. Nerf balls and air mattresses/inner tubes are allowed in the pool only if pool is not crowded. 12. Baby floats are allowed only if the child is being supervised, within arms reach, by an adult in the designated area. 13. Plastic toys allowed inside the pool area only with adult supervision. 14. Patrons can not have children sitting on their shoulders. 15. Ten minutes to every hour there will be a ten minute safety check when all swimmers will be asked to get out of the pool, except for adults swimming laps. (Exception Wave Pool.) 16. Showers must be taken each time before entering the pool after sunbathing with oil. 17. Swimsuits are required: no cutoffs with out prior approval from the Head Guard/Supervisor. 18. For the health and enjoyment of yourself and other swimmers, use restrooms as needed. 19. Persons who have evidence of infectious or communicable disease are prohibited from the pool. 20. Remove band -aids before entering the pool. 21. The stairs and ladders are for entering and exiting, do not congregate on stairs. 22. Please dispose of all trash in provided trash cans. 23. No swimming allowed when lifeguards are not present and on stand. 24. Animals are not allowed in the pool area. 25. Infraction of the above rules may result in loss of swimming privileges. page 10 of 11 0 • APPENDIX C (CONTINUED) CITY OF LA PORTE DIVING WELL RULES AND REGULATIONS 1. Must be able to swim unassisted to use diving boards. 2. No free swim allowed in diving well. 3. No life jackets or swim aides allowed when using the diving board. 4. Only one person allowed on the diving board at a time. 5, Wait for previous diver to reach ladder and exit before diving. 6. Dive or jump straight off end of board only. 7. Swim directly to the ladder and exit. B. The following practices are not allowed: Unsafe diving (handstands, gainers, cut aways) Running off board Sitting on board Repeated bouncing Games (Jump or dive) Goggles, masks or fins Personal floatation devices Hanging from the diving board S. Parents or private instructors may not jump with the child from the board or wait in the water in front of the board for the child to jump. 10. Lifeguards will enforce all rules for the safety of all divers. 11. Please use caution when diving. page 11 of 11 0 0 Agenda Date Requested: March 24 1997 Requested By: S. Gillett Department: Public Works Report Resolution XXXX Ordinance Exhibits: Ordinance No. 97- Request for Construction Speed Zone - TexDOT SUMMARY & RECOMMENDATION The Texas Department of Transportation (TexDOT) has requested the City of La Porte to approve an ordinance establishing a construction speed zone along State Highway 146 from just south of Fairmont Parkway to just north of McCabe Road. The proposed speed limit would be lowered from 55 mph to 45 mph and would be effective during construction. TexDot is planning to begin maintenance reconstruction of this portion of SH 146 in April. The proposed improvements are for concrete failure only, and do not include any modifications. The speed limit would automatically cancel upon completion of the Project. Necessary signs will be furnished, installed and maintained by TexDOT. Action Required by Council: Approve Ordinance No. 97- establishing a construction speed zone along a portion of SH 146 at 45 mph. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: N/A Funds Available: YES NO AARuroved for City Council Agenda Robert T. Herrera DATE City Manager ORDIANANCE NO. 97- 2169 CONSTRUCTION SPEED ZONE ORDINANCE AN ORDINANCE ESTABLISHING SPEED LIlVIITS DURING CONSTRUCTION ALONG A PORTION OF SH 146 WITHIN THE CORPORATE LDIM OF THE CITY OF LA PORTE AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. WHEREAS, the Texas Department of Transportation has made it known to the City of La Porte that operations will begin in the near future to upgrade SH 146; and WHEREAS, in the interest of safety, it is desirable to maintain a construction speed zone during the construction period; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF L PORTE that a construction speed zone be established along the named highways or parts thereof described as follows: Along SH 146 from 0.600 miles south of Fairmont Parkway to 0.220 miles north of McCabe Road, a distance of approximately 0.720 miles, 45 MPH. Necessary signs for posting the speed zones will be furnished, installed, and maintained by the direction of the Texas Department of Transportation engineer in charge of the project. Any person violating the provisions of this ordinance shall, upon conviction, be fined any sum not to exceed Two Hundred Dollars ($200.00). This ordinance shall be in effect only during the period of construction, and completion of this project shall automatically cancel the speed zones. PASSED AND APPROVED THIS 24th day of March 19 97. CITY OF LA PORTE By 'fA- Nofmkq-L. Malone, Mayor 0 �7- Attest: Sl�— Sue Lenes, City Secretary AP O Knox W. Asldns, City Attorney Texas Department of Transportation P.O. BOX 1386 • HOUSTON, TEXAS 77251-1386 • (713) 802-5000 March 6, 1997 CONTACT: MWJ Construction Speed Zone Harris County SH 146 in La Porte CSJ: 0389-05-081 The Honorable Norman L. Malone Mayor, City of La Porte P.O. Box 1115 LaPorte, Texas 775 72-1115 Dear Mayor Malone: We are currently preparing a project which will rehabilitate a portion of SH 146 in Harris County. An April letting is anticipated for this project. In the interest of safety, it is desirable to establish a reduced speed zone for posting along SH 146 within the corporate limits of the City of La Porte during construction operations. Please establish the recommended zone by council action at your next regular meeting. Attached is a copy of a sample ordinance containing the recommended zone. This draft is so written that the ordinance is automatically canceled upon completion of the project. If you concur, please return a copy of your ordinance for our files and further handling. CRG Attachments Sincerely, cl-�A---I- M. Wayne Jones, P.E. Director of Transportation Operations Houston District An Equal Opportunity Employer REOUESITLFOR CITY COUNCIL AGENDA I V W Agenda Date Requested: March 24 1997 Requested By: S. Gillett Department: Public Works Report XXXX Resolution Ordinance Exhibits: Resolution No. 97-03 Letter of Request to the Texas Department of Transportation SUMMARY &RECOMMENDATION For the past several years, the City of La Porte has worked with the Federal Aviation Administration (FAA) to secure a grant to acquire property at the northwest end of the La Porte Municipal Airport for Runway Protection Zones. Funding has been unavailable to date, and with property values rising annually, the City elected to include funding in the current budget to buy the necessary property, and be reimbursed through a grant, less the local share (10%), when funding became available. This past year, the Airport became eligible, along with other reliever airports in the state, to acquire grants through the Texas Department of Transportation (TexDOT), which administers FAA funding for state general aviation airports. The City is now in line for funding in FY 97-98. TexDot has met with the City, and advises the City to acquire the property with its funds, with reimbursement in the following year. Additionally, the State will handle all administrative matters involved with the acquisition, at no cost. In order to start the process, the City is required to formally request TexDOT to act as its agent to handle the property acquisition by resolution, naming the City Manager as the authorized official to execute all necessary contracts and agreements. No further action is required of the city or staff. Action Required by Council: Approve Resolution No. 97-03 which states the City's intention to apply for financial assistance from TexDOT and authorizing the City Manager to execute all contracts and agreements with the State of Texas. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing XXXX Other Account Number: 010 Funds Available: XX YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager RESOLUTION NO.97-03 WHEREAS, the City of La Porte intends to make certain improvements to the La Porte Municipal Airport; and WHEREAS, the City of La Porte intends to request financial assistance from the Texas Department of Transportation for these improvements; and WHEREAS, the City of La Porte intends to name the Texas Department of Transportation as its agent for the purposes of applying for, receiving and disbursing all funds for these improvements and for the administration of contracts necessary for the implementation of these improvements. NOW, THEREFORE, BE IT RESOLVED, that the City of La Porte directs the City Manager to execute on behalf of the City of La Porte, at the appropriate time, and with the appropriate authorizations of this governing body, all contracts and agreements with the State of Texas, represented by the Texas Department of Transportation, and other such parties as shall be necessary and appropriate for the implementation of the improvements at the La Porte Municipal Airport. PASSED, APPROVED and ADOPTED this the 24th day of March, 1997. ATTEST: Sue Lenes, City Secretary City of La Porte Established 1892 March 25, 1997 Mr. David S.Fulton, Director Aviation Division Texas Department of Transportation 125 E. llth Street Austin, Texas 78701-24i83 Dear Mr. Fulton: The City of La Porte by this letter and accompanying resolution indicates its intent to!pursue financial assistance from the Texas Department of Transportation for the following improvements to the La Porte Municipal Airport: Acquire Land for Runway Protection Zones I The cost of these improvements is presently estimated to be two hundred twenty two t�ousand two hundred twenty two dollars ($222,222). The City. of La Porte understands that financial assistance may be available for 90 percent of the eligible costs. The remaining share of eligible costs and any ineligible costs shall be the responsibility of the City of La Porte. The City of La Porte further understands that its full share shall be due in cash upon the Texas Department of Transportation written request, or within 30 days of complete execution of the Airport Project Participation Agreement'. The City of La Porte also indicates its intent to enter into an Airport Project Participation Agreement with the Texas Department of Transportation, naming the Texas Department of Transportation as its agent for the purposes of receiving and disbursing all funds for these improvements, and for the administration of contracts necessary for the implementation of these improvements. The City of La Porte has reviewed the text of the Texas Department of Transportation's standard "Airport Project Participation Agreement," and has found the terms and conditions of the Agreement to be acceptable. Sincerely, Norman Malone Mayor P.O. Box 1 115 6 La Porte, Texas 77572-1115 • (713) 471-5020 REOUESdkFOR CITY COUNCIL AGENDA I W tr Agenda Date Requested: March 24 1997 Requested By: S. Gillett yxaf Department: Public Works XXXX Report Resolution Ordinance Exhibits: Proposal for Engineering Services - TNRCC Permit Renewal SUMMARY & RECOMMENDATION On October 30, 1997, the above referenced permit expires. The application for renewal is due April 30, 1997. Under the current permit, the plant is rated at 4.2 million gallons per day (mgd). On January 1, 1996, discharge limits were changed, effectively lowering the rated capacity from 4.2 mgd to 3.6 mgd. The plant is not designed for ammonia nitrogen removal, and is severely deficient in aeration capacity for mixing and oxygen transfer. Several options are available. The Plant is currently exceeding 75% of its rated capacity at 4.2 mgd, and if rated at 3.6 would exceed 90% of capacity. Exceeding 75% requires planning for expansion and 90% required the expansion to be under construction. Clearly, action needs to be taken to change the discharge limits back to the original values or immediately begin design for expansion. Additionally, it appears that upcoming changes in the design criteria will require some additional aeration capacity even if the original limits are reinstated. Finally, any proposed changes in the limits would be defined as an amendment rather than a renewal, greatly increasing the amount of technical data and analysis required by the TNRCC for permit issuance. Carter & Burgess has submitted a proposal to assist the City in preparing the application for renewal, as well as negotiating with the TNRCC to reinstate the original discharge limits. Task 1 totals $9,000 for permit application, and Task 2 totals $9,000 for anticipated work to regain original permit limits. Total estimated cost is not to exceed $18,000, with each phase of Task 2 specifically authorized by the City. A total of $25,000 was budgeted for this project. Action Required by Council: Approve a contract with Carter & Burgess for assistance with renewal of the TNRCC permit for discharge of treated wastewater at a cost not to exceed $18,000. Availability of Funds: General Fund Water/Wastewater XXXX Capital Improvement General Revenue Sharing Other Account Number: 003-9890-742-1100 Funds Available: XX YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager SENT BY, CARTER & BURGESS 3-18-97 ; 4:58PM : CARTER & BURGESS 7134710578:# 3/ 5 CITY OF LA PORTE Proposal to Provide Engineering Services for Assisting the C14r in PreparMg a TNRCC Wastewater Discharge Permit Application and Negotiating with TNRCC Water Quality Staff A. DEFINITION OF PROJECT The proposed project will include assisting the City in the preparation of a wastewater discharge penNt application for submittal to the TNRCC. Carter & Burgess. Inc. will also attempt to negotiate less stringent permit limits for the City's discharge permit B. SCOPE OF SERVICES Task No.1 Carter & Burgess. Inc. will assist the city in the preparation and submittal of the discharge permit application to the TNRCC for the city's WWTP discharge. This task will be considered final upon submittal of the application to the TNRCC and the StaWe determination that the application Is administratively complete. Task No. 2 Carter & Burgess, Inc. will begin negotiations with the TNRCC to change the City's wastewater effluent limitations from the current limits of 10 mg/I CBOD,.15 mg/I TSS and 3 mg/I NH$ N to 20 mg/I SOD, and 20 mg/I TSS. This task includes the following items: 1. Develop a memo which summarizes in detail the assumptions used by the State to set the effluent limits. This will include a discussion of the impact these assumptions have on the water quality model developed by the State. This task Includes a meeting with the City to discuss the findings. 2. Perform a survey of the stream habitat and water chemistry and develop a memo recommending water quality assumptions for use in the State water quality model. 3_ Meet with water quality staff. ff appropriate, to discuss and request the State to rownsider their model. 4. Perform a preliminary model utirudng final stream assumptlons and develop a memo summarizing the findings. 5. Submit a letter to the City summarizing the overall effort as described in items 1-4 above as the final project deliverable for Task 2. PROPOSAL.W D Page 2 SENT BY:CARTER & BURGESS ; 3-18-97 ; 5:OOPM ; CARTER & BURGESS 713471057B;# V 5 u • • C. ASSUMIPMONS Task No.1 1. The City will Include the necessary fee to be submitted with the permit application to the TNRCC. 2. The City will continue to dispose of the municipal sludge generated at the plant in a municipal landfill. 3. The City will provide all pertinent boundary information In accordance with items ga and 9b of the administrative report In a form which can be directly attached to the permit application without modification. 4. The City will provide Carter & Burgess, Inc. copies of their latest permit applications/amendments. 5. Carter & Burgess. Inc. will submit in the application the engineering report developed in response to item 2 of the technical report it is assumed that the engineering report previously developed is adequate to fulfill the requirements of this item. a. The City will approve a conceptual improvement plan in accordance with Item 5 and 6 of the technical report prior to submittal of the permit application by Carter & Burgess, Inc. 7. The City will provide all testing information in accordance with Items 6, 9, and 10 of the technical report. 8. All information pertaining to the land disposal of effluent will be provided to Carter & Burgess, Inc., by the City. Task No. 2 1. Laboratory Analysis will be limited so the costs will not exceed Si GOO. 2. The number of meetings with the TNRCC staff will be limited to no more than 2. PROPOSAL.WPD Page 3 SENT BY:CARTER & BURGESS 3-18-07 ; 5:00PM ; • CARTER & BURGESS -► • 7134710578;# 5l 5 D. BASIS OF COMPENSATION Carter & Burgess, Inc. will perform the services Indicated within Section B in accordance with Section 21.6 of the Standard ASCE Form Agreement between Owner and Engineer. Project compensation will be based upon direct tabor times a multiplier of 3.151 with an estimated total not to exceed a limit for each task as fbilows: Task No.1 - S9,000 Task No. 2 - $9,000 CARTER & BURGESS, INC. WIllam S. Brown, P.E., RPLS Vice President Eric W. Hall, P.E. Senior Water Resources Engineer PROPOSALW O Page 4 ACCEPTANCE Steve Gillett City of La Porte REQUESALFOR CITY COUNCIL AGENDA I "M Agenda Date Requested: March 24, 1997 Requested By: XXX Steve Gillett Department: Report Resolution _ Public Works Ordinance Exhibits: Bid Recap Sealed Bids #0701 - Stabilized Calcium Sulfate (GS200S) SUMMARY & RECOMMENDATION Advertised, sealed bids #0701 for the annual supply of stabilized calcium sulfate (GS200S) were opened and read on March 17, 1997. Bid requests were mailed to two (2) vendors with one (1) returning bids. The only bid returned was from Gulf States Materials, our current supplier, for $7.75 per ton picked up by City forces and $10.10 per ton for delivered materials. Using estimated yearly quantities, this contract would be $29,475.00. This is the same price per ton as the last contract. Staff recommends award of bid for the supply of stabilized calcium sulfate to Gulf States Materials, low bidder meeting specifications. This material is used for road base and for the bedding of culverts and utility lines. Funds for the purchase of this material are budgeted in the 1996/97 Streets Division and Water Distribution Division Annual Operating Budgets. Action Required by Council: Award bid for the annual supply of Stabilized Calcium Sulfate to Gulf States Materials, low bidder meeting specifications. Availability of Funds: XXX General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other 002-7085-533-4012 Account Number: 001-7071-531-4015 Funds Available: XX YES NO Approved for City Council Agenda G2t "s'\'�-a-1 Robert T. Herrera DATE City Manager CITY OF LA PORTE INTEROFFICE MEMORANDUM March 17,1997 TO: STEVE GILLETT, PUBLIC WORKS DIRECTOR jk- FROM: SUSAN KELLEY, PURCHASING AGENT SUBJ: SEALED BID #0701 - STABILIZED CALCIUM SULFATE (GS200S) Advertised, Sealed Bids #0701 - Stabilized Calcium Sulfate (GS200S) were opened and read on March 17, 1997. Bid requests were mailed to two (2) vendors with one (1) returning a bid. Gulf States Materials submitted the only bid. Using estimated yearly quantities, the annual cost would be $29,475.00. This is the same price per ton as the last contract. 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. Since this bidder appears to be the only vendor with this product, you may want to present to Council as a "sole source". Attachment: Bid Tabulation Bid List BIDDER'S LIST STABILIZED CALCIUM SULFATE (GS200) SEALED BID #0701 BEDROCK MATERIALS INC PO BOX 1817 CHANNELVIEW TX 77530 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 GULF STATES MATERIALS 555 SENS ROAD LA PORTE TX 77571 BAYSHORE SUN PUBLISH DATES: MARCH 2, 1997 MARCH 9, 1997 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 24 997 Requested By: Stephen L. Barr *LtDepartment: Parks & Recreation Report Resolution XXX Ordinance Exhibits: 1. Bid Recap and Tabulation - Sealed Bid #0703 - Removal and Replacement of Fencing for Four Baseball Fields at Fairmont Park MMARY & RECOMMENDATION The City of La Porte has requested formal bids for removal and replacement of fencing for four fields at Fairmont Park Baseball Complex. Bid requests were delivered to eleven fencing contractors. Seven (7) contractors returned bids for the project; the bids were opened on February 24, 1997. Bids ranged from a low of $36,299 to a high of $62,465. After consideration of all the bids submitted, it was determined that the low bidder for the project was Four Seasons Development Company, Inc. with a low bid of Thirty Six Thousand, Two Hundred Ninety Nine Dollars ($36,299). Budgeted funds available for this project are $51,000. Staff Recommendation: Staff recommends that the bid submitted by Four Seasons Development Company, Inc. be accepted as low bidder meeting specifications for this project. Action Required by Council. Consider award of contract to Four Seasons Development Company, Inc. for removal and replacement of fencing at Fairmont Park Baseball Fields. General Fund XX Capital Improvement Other Availability of Funds Water/Wastewater General Revenue Sharing Account Number: 015-9892-736.51-10 Funds Available: X YES _NO Approved for City Council Agenda Robert T. Herrera, City Manager Date CITY OF LA PORTE INTEROFFICE MEMORANDUM FEBRUARY 28, 1997 TO: STEPHEN BARR, PARKS & RECREATION DIRECTOR FROM: SUSAN KELLEY; PURCHASING AGENT SUBJECT: SEALED BID #0703 - FENCING AT FAIRMONT PARK BALL FIELDS Advertised, sealed bids #0703 - fencing at Fairmont Park ball fields were opened and read on February 24, 1997. Bid requests were mailed to vendors with seven (7) returning bids. Low bid meeting specifications was submitted by Four Seasons Dev. Co., Inc. for a total amount of $36,299.67. 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 Tabulation Bidder's List MAR 0 3 1997 0 BID TABULATION - FENCING AT FAIRMONT PARK BALL FIELDS . ... .. ... . . ..... . ... ..... .. ....... .. .. F. . .. .... FIELD #1 $7,767.31 $8,428.52 $9,864.00 $9,846.00 $9,866.00 $9,546.00 $13,768.00 FIELD #2 $7,644.41 $8,391.17 $9,860.00 $9,818.00 $9,890.00 $9,448.00 $13,802.00 FIELD #3 $8,915.33 $9,184.49 $10,596.00 $10,789.60 $10,821.00 $10,951.00 $15,226.00 FIELD #4 $11,972.62 $10,382.56 1 $12,982.00 1 $13,941.80 1 $14,040.00 $16,744.00 1 $19,669.00 TOTAL $36,299.671$36,386.741$43,302.001$44,395.401$44,617.001$46,689.001$62,465.001 REQUE*FOR CITY COUNCIL AGENDA 1101 Agenda Date Requested: March 24, 1997 Requested By: Guy Rankin Department: Planning X Report Resolution Ordinance Exhibits: SUMMARY & RECOMMENDATION Bids were previously received for a vehicle to be used by the Code Enforcement Officer in the Inspection Services Division. All bids came in substantially overbudget. We have worked with HGAC to find a vehicle that is priced more in line with our budget. Through HGAC, Orange Ford, in Orange, Texas, has quoted a price of $15,931.08 for a new 1997 Ford Taurus. This amount includes a base price of $15,576.00; an HGAC fee of $310.08; and a Delivery Fee of $45.00. This amount is $804.08 more than the budgeted amount of $15,127.00, currently available in the 96/97 Inspection Services Operating Budget. Staff recommends that necessary funds be appropriated for the purchase of this vehicle. Action Required by Council: Consider approval of the purchase of a 1997 Ford Taurus from Orange Ford, in Orange, Texas, to be utilized by the Code Enforcement Officer in the Inspection Services Division . In addition, appropriating additional funds in the amount of $804.08 to cover the cost of this purchase. Availability of Funds: X General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001-9092-524-8050 Funds Available: X YES NO Approved for City Council Agenda Robert T. Herrera City Manager I xnatE: s � �`� O `PO I''e0 no 9 S ADDRESS: 1,49 (EA�i C<)t..<:) fV 19 SUBJECT ON WHICH I WISH TO SPEAK: ft 6 DATE: 3 - o U -'? 51