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HomeMy WebLinkAbout1997-08-25 Regular Meeting of City Council . . e . . . MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL AUGUST 25, 1997 OR~G~NAl 1. CALL TO ORDER The meeting was called to order by Mayor Norman L, Malone at 6:00 p,m, Members of City Council Present: Mayor Norman L, Malone, Councilpersons Guy Sutherland, Howard Ebow, Bob McLaughlin, Deotis Gay, Jack Maxwell and Jerry Clarke. Members of Council Absent: Councilpersons Chuck Engelken and Alton Porter, Members of City Executive Staff and City Employees Present: City Manager Robert T. Herrera, Assistant City Manager John Joerns, Assistant City Manager Jeff Litchfield, City Attorney Knox Askins, Police Chief Bobby Powell, Sergeant Mike Edgmon, Director of Public Works Steve Gillett, City Manager's Secretary Carol Buttler, Paul Hickenbottom, Fire Marshal, City Secretary Martha Gillett, Planning Director Guy Rankin, Fire Chief Joe Sease, E,M,S, Chief Chris Osten, Oscar Boultinghouse, M,D" City Engineer Doug Kneupper, Inspec:tor Mayra Toledo and Debbie Wilmore Building Official, ~~ Present: Lou Lawler, Spero Pomonis, Evelyn Kennedy, Tom Neely, Nancy Neely, Alvin Artis and a number of La Porte Citizens. 2. INVOCATION - BY REVEREND FLOYD FOSHEE - FIRST BAPTIST, WM1\X Reven~nd Foshee delivered the invocation, 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING AUGUST 11,1997. Motion was made by Councilperson Sutherland to ap.,prove the minutes of August 11. 1997 as presented, Second by Councilperson Maxwell, The motion carried, 6 ayes, 0 nays, and 1 Abstain. Ayes: Councilpersons Sutherland, Ebow, McLaughlin, Gay, Maxwell, and Mayor Norman Malone, Nays: None Abstain: Councilperson Clarke, e e Minutes Regular Meeting La Porte City Council August 25, 1997, Page 2 4. PRESENTATIONS: RETIREE RECOGNITION - THOMAS NEELY - Mayor Malone Mayor Malone read a memorandum from Kimberly Meismer, Human Resources Manager, regarding Mr, Neely's background while working for the City of La Porte, Police Chief Bobby Powell presented Mr, Neely with a watch in honol' of his retirement. 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITL'lENS AND TAX PAYERS WISHING TO ADDRESS COUNCJL. Ms, Evelyn Kennedy, 122 S, 7th Street, La Porte, Texas 77571 addressed City Council on behalf on Neighborhood Centers, Inc. Ms, Kennedy informed Coum:il that Neighborhood Centers, Inc. was seeking help from the City with regards to the rent they currently pay the City of La Porte. She advised Council Neighborhood Centers, Inc, has operated in La Porte since 1952, They have worked with churches, schools, cities, etc" and they would appreciate any assistance the City could provide towards the rent they are currently paying, Mayor Malone announced he would attend the meeting tomorrow with Ms, Kennedy regarding Neighborhood Centers Inc" in Houston, Ms, Peggy Jones, 3237 Clarksville, La Porte, Texas addressed Council regard.ing Mayra Toledo, Inspector, Ms,Jones indicated she and other homeowners in the area believe Ms, Toledo is enforcing items that are not necessary and picking on citizens, Mayor Malone suggested she speak with Mr. Rankin about these matters, 6. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING ORDINANCE 1000-1 BY CHANGING THE NAMlIi: AND LICENSE HOLDER AT AN AREA WHERE WINE AND/OR BEER. FOR CONSUMPTION ON THE PREMlSES MAYBE SOLD; PROVIDING THAT ALL OTHER PROVISIONS OF ORDINANCE 1000-1 REMAIN UNCHANGED FURTHER PROVIDING A SA VINGS CLAUSE COrd. 1000-1-A)G. Rankin Debbit: Wilmore Building Official presented the summary and recommendation to approve the amendment of this ordinance to allow the new applicant to sell wine andlor beer at a location previously permitted in Ordinance 1000-1, e e Minutes Reguls;t Meeting La Porte City C.ouneil August 25, 1997 Page 3 City Attorney, Knox Askins read: ORDINANCE 1000-1-A - AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING ORDINANCE 1000-1 BY CHANGING THE NAME AND LICENSE HOLDER AT AN AREA WHERE WIND AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAYBE SOLD; PROVIDING THAT ALL OTHER PROVISIONS OF ORDINANCE 1000-1 REMAIN UNCHANGED; FURTHER PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion was made by Councilperson Gay to a,pprove Ordinance lOOO-l-A as read by the City Attorney, Second by Councilperson Ebow, The motion carried, 7 ayes, and 0 nays, Ayes: Councilpersons Sutherland, Ebow, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone, Nays: None 7. CONSIDER APPROVAL OR OrnER ACTION REGARDING AN ORDlINANCE APPROVING AND AUTHORIZING A CONTRACT BETIVEEN THE CITY OF LA PORTE AND JOHNNY WEHBA BACKHOE SERVICE FOR CONSTRUCTION OF THE FAIRMONT PARKWAY, "K" STREET, AND TEXAS AVENUE WATER LINE EXTENSION PROJECT; APPROPRIATING 590,774.60 PLUS A CONTINGENCY OF $9,225.40 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT (Ord. 97-2190) - G. Rankin City Engineer Doug Kneupper presented summary and recommendation to authorize the City Manager to execute a contract with Johnny Wehba Backhoe Service in the amount of 590,774.60 for construction of the water lines and further authorizing 59,225.40 to be set aside for contingency, City Attorney Knox Askins read: ORDINANCE 97-2190 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND JOHNNY WEHBA BACKHOE SERVICE FOR CONSTRUCTION OF THE FAIRMONT PARKWAY, "K" STREET, AND TEXAS AVENUE WATER LINE EXTENSION PROJECT; e e Minutes Regular Meeting La Porte City Council . Augusl2S, 1997 Page 4 APPROPRIATING $90,774.60 PLUS A CONTINGENCY OF $9,225.40 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 Gay to approve ordinance as read by City Atton~ Second by Councilperson Clarke. The motion carried, 6 ayes, 0 nays and 1 abstain. Ayes: Councilpersons Sutherland, Ebow, McLaughlin, Gay, Clarke and Mayor Malone. Nays: None Abstain: Councilperson Maxwell. 8. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDllNANCE APPROVING AND AUTHORIZING AN AGREEMENT BETIVEEN THE CITY OF LA PORTE AND OSCAR BOULTINGHOUSE, M.D., TO ASSUME THE POSITION OF MEDICAL DIRECTOR FOR THE DIVISION OF EMERGENCY MEDICAL SERVICES OF THE CITY OF LA PORTE, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBECT (Ord. 97-2191) - J. Sease Fire Chief Joe Sease presented summary and recommendation to approve Ordinance awarding Medical Director contract to Dr. Oscar Boultinghouse. City Attorney Knox Askins read - ORDINANCE 97-2191 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEEMENT BETWEEN THE CITY OF LA PORTE AND OSCAR BOULTINGHOUSE, M.D., TO ASSUME THE POSITION OF MEDICAL DIRECTOR FOR THE DMSION OF EMERGENCY MEDICAL SERVICES OF THE CITY OF LA PORTE; MAIQNG 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 Maxwell to ap,prove ordinance as read by City Attorney. Second by Councilperson Ebow. The motion carried, 7 ayes, and 0 nays. e e Minutes Regular Meeting La Porte City Council August 25, 199'7 Page 5 Ayes: Councilpersons Sutherland, Ebow, McLaughlin, Gay, Maxwell, Clarke and :Mayor Malone. Nays: None 9. CONSIDER AUTHORIZING REPAIRS ON UNIT 87-5 TO BAYOU CITY FOR]) IN THE AMOUNT NOT TO EXCEED $20,000. - S. Gillett Public Works Director Steve Gillett made a recommendation to authorize repairs on unit 87-5 to Bayou City Ford in the amount not to exceed $20,000. Mr. Gillett also advised Council that competitive bids for this type of repair fall under the general exemption from municipal purchasing statues "due to procurement necessary due to unforeseen damage to public machinery, equipment or other property" . City Manager Robert T. Herrera advised Council he has requested staff to review current insurance deductibles. Motion was made by Councilperson Clarke to apJ'rove relJairs on Unit 87-5 as recommended by staff. Second by Councilperson Gay. The motion carried, 7 ayes, and 0 nays. Ayes: Councilpersons Sutherland, Ebow, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone. Nays: None 10. ADMINISTRATIVE REPORTS The City Manager did not present any administrative reports. 11. COUNCIL ACTION Councilpersons Ebow, Gay, Maxwell, Clarke and Mayor Malone brought items to Council's attention. 12. 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, DELmERATION REGARDING REAL PROPERTY, DELmERATION REGARDING PROSPECTIVE GIFT OR DONATION, . e Minutes Regular Meeting La Porte City Council August 25, 1997 Page 6 PERSONNEL MATTERS, CONFERENVCE WITH EMPWYElES DELlIBERA nON REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. Section 551.071 - (LEGAL) MEET WITH CITY ATTORNEY ON H.L.&P. CLASS ACTION LITIGATION. Council retired into executive session at 6:37 p.m. under Section 551.071 (Legal), Meet with City Attorney on H.L.&P. Class Action Litigation. Council returned to the table at 7:02 p.m. with no action taken. 13. CONSIDERATION AND POSSmLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION. There was no consideration for this item. 14. ADJOURNMENT There being no further business to come before Council, the meeting was duly adjoumed at 7:04 p.m. Respectfully submitted, L1l1~lL a. J4Allu:l Martha A. Gillett, City Secretary Passed and Approved on this the 8~ day of september,:,& Norman L. Malone, MaYo/(/J??7#h.-~ ~ . e " e '. NAME:~ e'~ ' ADDRESS: ~.~ ~ 1 ~ J t"\ SUBJECT ON WInCH I WI~H TO SPEAK:~~} ~)~~,~~~ - DATE: f~7 97 ,. e e \ NAME: 1m.- 1- ~ ~~;? ~. ADDRESS: 1~ ';;2 b ::f3~~ ~ SUBJECT ON wmCH I WISH TO SPEAK: ~~ "r-. A'dEb) f~~ f~ ~~~" DATE: cJ> / :2 S-jcl '} I ' , e e NAME:-&8/r;/ ~i(/Y,f/ ~d~. ADDRESS:--L? i2- ~, 7 i& Prr-k S~~T ,ON wm~H I ~S~~:O SPEAK: 71i fJ. j}/J '>5/ A / lIt; {}r:',Ytt € i if '/-'lc F v fUJ I 5. /;/6V "7 ((^ . '19', {f' . J ,-.... ,.... t" cS C. I I -, e- .5 ,{ (-) 1\/ ---r- \r r< c: e 'i C: J\. Nel9h nePR/.f2c2d- (i e fV-!e'(PR()1t?M.~., c;{- JS-1'7 DATE: 80 h j.)/2-2f1fo! j-). t) I-} I R. IV'.1\ N ~ It A 1-1 " d i' f #\) 2 J '1 /i b Q f/ /.~ tti (;' IS /1 //" /.\( .,' . Off' t ./,r' ( [-;,I ( ;/. j. .'" . , i .{ .;l:t~l t I",,) . .',v,-} I;~ r'f /'i \., {. I' \... "'-..,.,d'1",-o f I " ~_ (..,..1 ~ . , -- ~ . . . - . - .. . . '. . . .e e . . -. -. .- BEWST FOR CITY COUNCIL AGENDTM Agenda Date Requested: ~u~s~ 25. 1997 Requested By: Guy Rankin QiNv Department: X Report Resolution Exhibits: 1 . Ordinance 1000-1-A Planning x Ordinance .. ".. ..... ., ......~" ."" ,.,. ......,.,.~..._..."......, .. ,...._..."".."....,.._.......''''.....:ca..r. .,.,.;:-,..,~."'. -. - - _. ...................."'_.n:::. ... " ...... .......... .... .... ........ SUMMARY &. RECOMMENDATION Ordinance 1000-1-A, if approved, would allow a new applicant to sell wine and/or beer at a location previously permitted in Ordinance 1000-1. The City has investigated the new applicant, Alvin Artis, and has determined that he qualifies for the permit. The following will be deleted from Ordinance 1000-1: STREET ADDRESS Of THE PROPERTY: 517 N. Broadway, La Porte, Harris County, TX 77571. lEGAL DESCRIPTION OF THE PROPERTY: Lots 25 thru 28, Block 108, Town of La Porte, Harris County, TX. PROPERTY OWNER: Ruby Jewell Miles, 310 N. P'Street, La Porte, TX 77571-3210 NAME OF APIPUCANT: Ruby Jewell Miles ADDRESS Of APPLDCANT: 310 N. P'Street, La Porte, TX 77571-3210 TRADE OR BUSINESS NAME Of RESTAURANT BUSINESS: Juniors Ordinance 1000-1 will be amended by addIng the following: STRIEET ADDRESS Of THE PROPERTY: 517 N. Broadway, La Porte, Harris County, TX 77571. lEGAL DESCRIPTION Of THE PROPERTY: Lots 25 thru 28, Block 108, Town of La Porte, Harris County, TX. PROPERTY OWI\lEIR: Alvin Artis, 4913 Crestway Drive, La Porte, TX 77571 NAME OF APPLICANT: Alvin Tyrone Artis ADDRESS OF APPLICANT: 4913 Crestway Drive, La Porte, TX 77571 TRADE OR BUSIINESS NAME OF RESTAURANT BUSINESS: The Goodfellows Club Action Required by Council: Consider approval of Ordinance 10oo-1-A ..." ....... ~,~..I! ,...' "."""~'L ."..."'""""..............."""......".,."... '".r' -=n"""""~_ -...d. .A.- ..._____"__~ ............... .,...... .--- ,,~--.. ..." Availability of Funds: General Fund Capital Improvement Other Account Number: VVatertvVastevvater General Revenue Sharing Funds Available: _YES _NO . II.' 'In ro... ....""..... n, ':1 .'....."5".'""""". ,:o"'.....,~...~. ".,.r. ......i....,..r:..:."'--.::....~.......n....._.._._._......~..__ """".........."..... ..__~~_..--..-" ........ ..~. 'r"'_'" ".: I! '.'''' r. ...." ,I' 7 DATE . e ORDINANCE NO. 1000-1-A AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING ORDINANCE 1000-1 BY CHANGING THE NAME AND LICENSE HOLDER AT AN AREA WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD; PROVIDING THAT ALL OTHER PROVISIONS OF ORDINANCE 1000-1 REMAIN UNCHANGED; FURTHER PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE 'WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City of La Porte has, in Ordinance 1000-1 regulated the location, closing hours, and sale of wine and/or beer on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.31 et seq; and WHEREAS, said ordinance expressly limited the locations at which wine and/or beer may be sold in the City, and further expressly identified the names of establishments and permit holders authorized to sell wine and/or beer under the terms of said ordinance; and WHEREAS, a new applicant desires to sell wine and/or beer at a location previously permitted in Ordinance 1000-1; and WHER,EAS, the City has, pursuant to the terms of Ordinance 1000-1, made its investigation to ascertain whether said new applicant has qualified for a beer and/or wine permit from the City; and WHEREAS, the City has determined that the new applicant qualifies for a beer and/or wine permit from the City; Ordinance No. 1000-1-' Page 2 e NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 'I. Ordinance 1000-1 of the City of La Porte is hereby amended, by deleting the following location for a restaurant (as defined in said ordinance) at which beer and/or wine may be sold: STREET ADDRESS OF PROPERTY: 517 N. Broadway, La Porte, Harris County, TX 77571 LEGAL DESCRIPTION OF PROPERTY: Lots 25 thru 28, Block 108, Town of La Porte, Harris County, TX PROPERTY OWNER: Ruby J.ewell Miles, 310 N. 7th Street, La Porte, TX 77571-3210 NAME O:F APPLICANT: Ruby Jewell Miles ADDRESS OF APPLICANT: 310 N. 7th Street, La Porte, TX 77571-3210 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Juniors Section 2. This ordinance shall further amend Ordinance 1000-1, by granting a new permit for the operation of a restaurant, as defined in said Ordinance 1000-1, at the following location, which permit shall be personal to the applicant, and non- transferable, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local laws and ordinances, including other provisions of this ordinance and Ordinance 1000-1: STREET ADDRESS OF PROPERTY: 517 N. Broadway, La Porte, Harris County, TX 77571 LEGAL DESCRIPTION OF PROPERTY: Lots 25 thru 28, Block 108, Town of La Porte, Harris County, TX PROPERTY OWNER: Alvin Artis, 4913 Crestway Drive, La Porte, TX 77571 NAME OIF APPLICANT: Alvin Tyrone Artis ADDRESS OF APPLICANT: 4913 Crestway Drive, La Porte, TX 77571 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: The Goodfellows Club Ordinance No. 1000-1' Page 3 e Section 3,. It is the intent of the City Council of the City of La Porte that this Ordinance merely permit the sale of wine and/or beer during the hours set by the general laws of the State of Texas by retailers selling wine and/or beer for consumption on premises at the locations established in Section 2 of this Ordinance. This Ordinance is not an attempt to create zoning or other land use rights in property owners at said location, such that the provisions of City of La Porte Ordinance 1501, the City of La Porte Zoning Ordinance, together with all amendments thereto (as such provisions impose standards on premises or businesses within the City of La Porte, regardless of whether such business or premises are required to have a license or permit under the Texas Alcoholic Beverage Code) govern and supersede the provisions of this Ordinance, in the event of a conflict between this Ordinance and the provisions of Ordinance 1501 and amendments thereto. This application for wine and/or beer for consumption on premises shall be subject to the provisions of: a. The Texas Alcoholic Beverage Code; b. Ordinance 1000-1 of the City of La Porte; c. This Ordinance insofar as this Ordinance does not conflict with the provisions of the Texas Alcoholic Beverage Code; and d. The Zoning Ordinance of the City of La Porte, being Ordinance No. 1501, and all amendments thereto, as such provision apply to all businesses within the City of La Porte, regardless of whether or not such businesses are required to obtain a license or permit under the provisions of the Texas Alcoholic Beverage Code. Ordinance No. 1000-1-' Page 4 e Section 4. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of Ordinance 1000-1, this Ordinance, or any amendments hereto, or any other ordinance, statute or code, that permits and regulates the subject matter of this Ordinance; and as to such accrued violation, any court shall have all the powers that existed prior to the effective date of this Ordinance. Section 5. If any se~tion, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity sl1all 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 6. 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 is 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 Chapter 551, Tx. Gov't 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 7. This Ordinance shall be effective from the date of its passage and approval, and it 1S so ordered. Ordinance No. 1000-1-1t Page 5 e PASSED AND APPROVED this the .1L.--:f'- day of !tUJI.if ATTEST: 1JMMiA~ fldd, artha Gilfette, City Secretary CITY OF LA PORTE ~' ,"''' :i" ,., . , I ~ _",_ N rman L. MaIO~{ ,1997. .e . llUEQUEI FOR CITY COUNCIL AGEaA iTEM Agenda Date Requested: August 25, 1997 Requested By: Guy Rankin Q{)}'v Department: Planning Report Resolution x Ordinance Exhibits: Ordinance, Bid Tabulation, Bidder's List, Area Map . :.... Summary & Recommendation As part of the FY 96-97 Budget for Capital Improvement Projects, City Council approved $100,000 for the installation of three diHerent water line extensions. One project begins at Baypark Road on Fairmont Parkway, and ends at Driftwood. Another project is one block south of FairmOllt Parkway and connects existing water lines from 16th Street to 18th Street. The third project replaces about 400 feet of undersized water line along Texas Avenue just north of Fairmont Parkway. Design and engineering were performed on this project utilizing City staff. On August 15, 1997, the City received competitive bids from three qualified utility contractors (see attached Bid Tabulation). The low bid was submitted by Johnny Wehba Backhoe Service of La Porte in the amount of $90,774.60. Staff has reviewed the bids submitted and determined the low bid from Johnny Wehba Backhoe Service is within the budgeted amount and Johnny Wehba Backhoe Service is qualified to perform this work. Staff recommends that the City Council authorize the City Manager to execu.te a contract with Johnny Wehba Backhoe Service in the amount of $90,774.60 for construction of the various water line extensions. In addition, it is recommended that $9,225.40 (rem~ining budgeted amount) be set aside as contingency for a total of $100,000 for the project. Action Required by Council: Consider approving an ordinance authorizing the City Manager to execute a contract with Johnny Wehba Backhoe Service in the amount of $90,774.60 for construction of the water lines and further authorizing $9,225.40 to be set aside for contingency. Availability of Funds: General Fund X Capital Improvement 01ther Water /W astewater General Revenue Sharing Account Number: 003-9890-74+5110 Funds Available: -1L Yes No Date e e ORDINANCE NO. 97- 2190 AN' ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BErwl!iEN 'THE CITY OF LA PORTE AND JOHNNY WEHBA BACKHOE SERVICE I~R CONSTRUCTION OF THE FAIRMONT PARKWAY, "K" STREET, AND TEXAS AVENUE WATER LINE EXTENSION PROJECT; APPROPRIATING $90,774.60 PLUS A CONTINGENCY OF $9,225.40 TO FUND BARD CONTRACT; MAKING VARIOUS FINDINGS AIm PROVISIO!rS 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 $90,774.60 plus a contingency of $9,225.40 from Capital Improvement Fund 003 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 su bject 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 . e ORDINANCE NO. 97- 2190 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 confums su.ch 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 25th day of August, 1997. CITY OF LA PORTE By: 4~~~~? N rman L. Malone, Mayor ATTEST: vfl~ n .ut, P, JLUdL ~ett' City Secretary FAIRMONT PARKWAY, K STREET, TEXAS AVE. WATER LINE EXTENSIONS UNIT PRICE TABULATION UNIT OF MEASURE DESCRIPTION - AVERAGE UNIT PRICE ~~n ~ ~ ~ ~:: ~::~ ~~~~~: ~~~9" .t.........1~~~.?:~~" 429 $ 301.56 56C) $............37"0~91"" -.--- -.-...----.-.---------- 648 $ 441.98 ---.- .--------..---------.-. 450 $ 831.50 ----- ...----.---------.----- 400 $ 643.60 .-.- -- .--.--- 1.5 $ 0.78 .--- - --... BILL MCDONALD PAS-KEY --- ------..-.--.--- 500 1518.14 ---------------- -----------..-..-. 19.4 23.93 --.-. ---------...---.-. 35 49.5 --.-. .-----.-----.--.-. 970 972.78 ----. -.--------------.-. 290 185.68 ----- -.----------.-.--. 325 227.72 ---.- ------.-----.--.-. 400 277.94 ---.- ---........----.-. 1700 344.5 .---- .....-------.----- 1400 130.79 .-.-. -.-.----........-. 0.5 0.33 WEHBA LS LF LF EAcH EACH EACH EACH LS LS LF FAIRMONT PARKWAY -------------.-----.--.-----. MOBILIZATION --------.----.-----------------.----.---------- 12" PVC WATER LINE (OPEN CUT) "i 2ii fivc. WATER U~iE- (AUGEREoj -... -i2;i(3~;r~-.\i~L\iE:--.------..-...-..-..--... .i 2ii 4'Sdeg. FITTiNGS...................... 'i2i; X 6'; TEE'''. ..... ... ..... ... ........ .... -i2iix1-2"-;r~~..-...-......----.-...-.---... -c'6"NNEct" .1"2;' .WA ;=ER.lIN~ "f)RiFiVV. -----.---------------..----------...---.-----.- CONNECT 6" WATER LINE COTTON -----.-----.----.-----. --- TRENCH SAFETY 1000. $-.........(o06~05- ~~~~~ f~~~~~~~:~~~i~~~~~( 40 $ 26.19 2556- $..-------2:456~65. .429- $.--------.--S4S~69- 1080- $------....(01.fs2. 1-00- $...-.-....---86~41-- .-.- -. ..----- 1.5 $ 0.97 __a ______...______. 500 1518.14 ___a ___________.______ 4000 1810.09 ,.---. -....------------- 19.4 19.17 ,..--- ------------------ 2100 2713.96 -.--- ---.---.-.-.------ 950 258.08 970 ....-.....ifafs-7 -.. ---------...---.-- 70 89.23 .-.- --.--------------- 0.5 0.91 LS LS LF EACH EACH EACH LF LF .-------.--.-- "K" STREET ....----------.-.- MOBILIZATION -------------------....-.-- CLEARING/GRUBBING -....-------.-.-------------------..------.---- .~ ?~'_ ~y.<? ~~.-r~~ .(<?~~~ .<?':l]}........._ 12" x 12" TS&V ~i~:'~ ~~~~~~ ~In:(~~~ ~ ~~ ~ ~~~ ~ ~~ ~ ~~ ~~ ~~~ ~ ~~~ 12" 9ATE VALVE ~~~:'~ ~f.~~~~~~~I~~ ~ ~~9~~~~~~~i ~ ~ ~ ~ ~ ~ ~ TRENCH SAFETY - Hioo $ 85-0~34- ---30- $----.....---.20~84. 250- $--''''.''--'36(61'' 940. $---"'-.--(94i12- 500 $-------.--(ioi16. 1:5- $-----.----.----(08. -------.........-- 1051.02 ----.------.----.- 17.52 ..---------------. 334.83 -------.--........ 1389.35 .................. 309.47 .................. 1.25 500 15 500 3500 2500 0.5 LS LF EACH EACH LS LF TEXAS ......-........... MOBILIZATION ~: ~~~~ ~w.~ ~~~~~ ~~~~H ~~n~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ RECONNECT SERVICES ............................................... 8" x 8" TS&V TiE .INTO -Exis-tiNG .S" "",fA ;rER......... -tRENcH. SAFETY 365.11 111 $ 150,000.00 $ 93,320.72 $ 90.774.60 $ GRAND TOTAL BID PRICE e e FAIRMONT PARKWAY, "K" STREET, AND TEXAS AVENUE WATER LINE EXTENSION PROJECT CLP #96.6112 Advertising The Bayshore Sun - July 30 & August 6, 1997 Contractors Notified Moore & Moore General Contractors 530 Broadway La Porte, TX 77571 R.L. Utilities 3900 Underwood- LaPorte, TX 77571 FORCE Corporation PO Box 1079 La Porte, TX 77571 F ollis Construction 111 N. Broadway La Porte, TX 77571 Angel Brothers, Inc. PO Box 570 Baytown, TX 77522 Johnny Wehba Backhoe 9915 N. "P'" St. Pasadena, TX 77502 Hubco, Inc. 11714 Charles St. Houston, TX 77041 David Wight Construction 4300 Mandale Alvin, TX 77511 Kenneth Lamb Construction 8214 Northline Drive Houston, TX 77037 Pas-Key Construction 2129 Preston Pasadena, TX 77502 Planholders Follis Construction ] ]] N. Broadway La Porte, TX 77571 Johnny Wehba Backhoe 99]5 N. "P" St. La Porte, TX 77571 R.L. Utilities 3900 Underwood La Porte, TX 77571 Reeder Plumbing 128 S. 8th St. La Porte, TX 77571 Pas-Key Construction 2129 Preston Pasadena, TX 77502 Dale Dobbins PO Box 55546 Houston, TX 77255 Industrial Intemational 60] Crosstimbers Houston, TX 77022 Boring & Tunneling Co. of America PO Box 14214 Houston, TX 77221-42] 4 EXHIBIT mAS snm WATERUNE EXlENSlON fROM E. FAlRMONf PARKWAY TO 440' NORm I I I Ii 1t:J Iil I-- r----1r-1r-1r-1 UUU ~ A -- ~ II II DO - -0 DO - ~ =-- DODD \ DO - -tE .-, tE ........ 'r .. ~"'~ . DO - = l: =;~ := DO - r; ~--u II II II D DO II II II 10 0 ~ I II II II II II II II 'DBa ElO ~ ~~ ~ DO 0 ~: ~ ::I DBa ~ ~ =;) :i LJ ~ ({ 7J ~ e ~ ~ OOI3B ~ ~~ ... ~ DO ::::: Z I3Bm, ! : DO . j.~J"U LJW I IIIIII1 I ~ I r IB3El8 ~ FAlIMONT PABWAY 0 ..li Iii ~ PROPm It WATER UNE EXlINSION I J Al..ONG NORm SIDE (J W. FAlRMONT PARKWAY - '5':/ FRON WEST COTTONWOOD DR. TO DRIFlWooD DR. '/ WEST ~. SlREET 1 t WATERUNE EXITNSlON SOO1H 16th sr. TO soum 18th sr. . e , . REQUEST'FOR CITY COUNCIL AGENUA ITE'II" Agenda Date Requested: August 25. 1997 Requested By: lL. Sease Department: Fire _ Report _ Resolution X Ordimmce Exhibits: Ordinance 97- Curriculum Vitae (Resume) SUM-MARY & RECOMM:ENUA TION E.M.S. staff has interviewed eight physicians to serve as Medical Director for the City of La Porte E.M.S.. After considerable evaluation of the candidates, staff recommends the appointment of Dr. Oscar Boultinghouse to serve in this capacity. Dr. Boultinghouse is currently serving as an Associate Professor in the Emergency Medicine Division at the University of Texas Medical Branch in Galveston. Most of his medical direction experience has been as the director of the V.T.M.B. Lifetlight Program, which is scheduled to dissolve effective October I, 1997. This will hopefully give Dr. Boultinghouse ample time to attend to our medical direction as needed. Action Required by Council: Approve an ordinance awarding Medical Director contract to Dr. Oscar Boultinghouse. Availability of Funds: X- General Fund_ Water/Wastew~'ter _ Capital Improvement_ Gener~,1 Revenue Slulring Other Account Number: Funds Av~,ih,ble: X- YES NO A shoh? D~lte I I e e ORDINANCE NO. 97- 2191 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND OSCAR BOULTINGHOUSE, M.D., TO ASSUME THE POSITION OF MEDICAL DIRECTOR FOR THE DIVISION OF EMERGENCY MEDICAL SERVICES OF THE CITY OF LA PORTE; 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 in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference, by and between the City of La Porte and Oscar Boultinghouse, M.D., for assumption of the position of Medical Director for the Division of Emergency Medical Services of the City of La Porte. 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 hereby appoints Oscar Boultinghouse, M.D. as Medical Director for the Division of Emergency Medical Services of the City of La Porte consistent with tl1e terms of the contract and this Ordinance. Section:t 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 ORDINANCE NO. 97- Page 2 . 11 q1 e as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9.5f1- day of tltA~ ,1997. CITY OF LA PORTE BY:,~~~ .orman L. Malone, Mayor A TrEST: ~ mlNL ~. J!wJnJ, Martha A. Gillette, City Secretary e e @@~w CONTRACT FOR MEDICAL DIRECTOR DIVISION OF EMERGENCY MEDICAL SERVICES CITY OF LA PORTE, TEXAS This Contract entered into this the 15th day of August, 1997, by and between the City of La Porte, Texas, a municipal corporation (hereinafter called "City") acting by and through its duly authorized City Manager, and Dr. Oscar Boultinghouse, M.D., (hereinafter sometimes called "Dr. Boultinghouse"), WITNESSETH: WHEREAS, there is a recognized need to provide high quality emergency medical services and related medical care in the City of La Porte, Texas; and WHEREAS, the City desires to provide medical direction for its Division of Emergency Medical Services through the use of a licensed physician; and WHEREAS, the City desires to contract with Dr. Boultinghouse to serve as Medical Director for the Division of Emergency Medical Services of the City and Dr. Boultinghous,e is willing to serve as Medical Director under the terms and conditions stated herein; NOW, THEREFORE, in consideration of the premises, the agreements herein contained and other and valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: Page 1 e e I. MEDICAL DIRECTOR: Dr. Boultinghouse hereby contracts with the City as an independent contractor to serve as Medical Director of the Division of the Emergency Medical Services of the City (the "Medical Director") for the term stated below. II. RESPONSmILITIES AND AUTHORITY OF MEDICAL DIRECTOR: The responsibilities and authority of the Medical Director shall be as follows: A. General (1) Ultimate responsibility for all medical issues concerning the City Division .ofEmergency Medical Services. (2) The authority to make decisions affecting all medical aspects of the City Division of Emergency Medical Services. (3) Being responsible to but not governed by the EMS Chief of the City of La Porte. (4) Inspect, evaluate and make recommendations regarding medical equipment purchased by the City Division of Emergency Medical Services. B. Education Responsibility for developing, implementing and participating in continuing education and recertification programs for paramedics employed by the City. C. Evaluation (1) Responsibility for devising a system of ongoing review and education of paramedic services rendered by the City Division of Emergency Medical Services and providing rapid feedback to the paramedics. Page 2 e e D. Personnel (1) Ultimate responsibility for evaluating the competency ofal! paramedics employed by the City. The Medical Director shall have the authority to revoke any paramedics from their authorization to utilize protocols/standing orders. (2) All paramedics employed by the City must be cleared by the Medical Director before being permitted to provide emergency medical services to the public. E. Community Liaison (1) Provide liaison with the medical community; respond to questions from physicians about the City Division of Emergency Medical Services. (2) Provide public information as necessary about the medical aspects of emergency medical services provided by'the City Division of Emergency Medical Services; respond to medical questions from the media and the public. (3) Make appearances as reasonably necessary to educate those using the emergency medical system about its function. F. Protocols/Standing Orders Develop and revise standing orders to be used by paramedics in the field~ monitor their use and make adjustments based on experience with these standing orders. G. Th.e Medical Director shall devote such of their time as is reasonably needed to fulfill the responsibilities and duties of the Medical Director of the City Division of Emergency Medical Services under the terms of this Contract. It is understood that the Medical Director will continue to engage in private m€:dical practice while not performing duties under this Contract. Page 3 . e III. Term - The term of this Contract shall be for a period commencing as the date hereof and ending on the 31 st day of August, 1998 or if sooner, with the first to occur of the following: A The death of Dr. Boultinghouse; or B. Thirty (30) days following written notice by the City or by Dr. Boultinghouse; provided, however, that prior to any written notice of termination under this Section 3B by the City because of dissatisfaction with Dr. Boultinghouse's performance as Medical Director under this Contract, the City shall convene a meeting pursuant to written notice to the Medical Director setting forth the basis for such dissatisfaction. At the meeting, which shall be held no sooner than fifteen (15) days following such written notice, the parties shall attempt to resolve any disagreements and conflicts. IV. Insurance - Throughout the term of this Contract, the City shall provide the Medical Director with a policy on the minimum limits of three million dollars ($3,000,000.00) per occurrence and six million dollars ($6,000,000.00) annual aggregate which covers the performance of their administrative duties as Medical Director. The insurance policy shall provide that the City and the Medical Director shall be given thirty (30) days written notice prior to any cancellation of this insurance. v. Compensation - In consideration for rendering the services of Medical Director under the ternlS of this Contract, the City shall pay aggregate compensation at an annual rate of Seven Thousand Two Hundred Dollars ($7,200.00). Page 4 re e VI. Independent Contractor - This Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture, since the intent is that Dr. Boultinghouse shall be an independent contractor with the City. No party hereto shall hold himself or itself out or act as an agent of any other party with respect to third parties in any way. VII. Governing Law - This Contract shall be governed in accordance with the laws of the State of Texas and shall be performable in Harris County, Texas. IN WITNESS WHEREOF, Dr. Boultinghouse and the duly authorized representative of the City of La Porte have executed this Contract as of the date and year fIrst above written. CITY OF LA PORTE DIVISION Of EMERGENCY MEDICAL SER ~~T.~ Robert T. Herrera City Manager City Of La Porte q. '3. '11 Date cif/97 Date Page 5 o Oc ...... o ""-l ...... CD ""-l CURRICULUM VITAE 1997 January OSCAR W. BOULTINGHOUSE, MD o Oc .... ell Emergency Fhysician Assista nt Proressor The University or Texas Medical8ranch Dlvision of Emergency ~.4edicine 301 University Blvd. Galveston, Texas 77S PRESENT POSITION: ~ 55.1173 - BIOGRAPHICAL; March 7. 1955 Date or Birth: San Antonio, Texas Place or Birth United Stales 1210 Arbor Lane FliendswOod, Texas 77546 Citizenship: Address: Fellowship Department Community Medicine Baylor Ripley House-3 months EDUCATION: 1982 Baylor Associated Hospitals Houston, Texlls Internship-lIexible 1982 e MD Degree Bllylor Medical School Texas Medical Center Houston, Texas 1981 Bachelors of ScienCtl, with Honors Tulane University New Orleans, Louisiana PHI BETA KAPPA 1976 s o Q N SIONAL_AND lEACHING EXPERIENCE: Emergency Physician Clear Lake Regional Medical Center Webster. Texas 1985-Present Q oc " Q .... " <0 .... Q oc .... .... ~ 'et - ~ Q Q c.s OSCAR W. SOUL TINGHOU8E. MD Page 2 PROFESSIONAL AND TEA INGI ~ (cont. 1997- Present Medical Advisor LifeFlight The University of Texas Medical Branch Galveston. Texas 1998-1997 Medical Director lIfeFlIght The University of Texas Medical Branch Galvestol'l, Texas 1984-1996 Emergency Physician Roth Emergency Associates 51. Mary's Hospitat Galveston, Texas 1983-1984 Emergency Physician Southwest Emergency Associates Fort Bend Community Hospital MisS<luri City, Texas 1983-1984 Emergency Physician Alvin Community Hospital Alvin, Texas 1982-1984 Emergency Physician Medical Networks Gulf Coast Hospital Bay town, Texas 1982-1984 Emergency PhysIcian Orange Memorial Hospital Orange, Texas COMMITTEE RESPONSIBI ~ 1989 Medical Staff Executive Commiltee 51. Mary's Hospital TEACHING RES~OI S AT UTMB: Clinical instruction in Emergency Medicine to Residents, Intoms, and Students MEMBERSHIPS 1983-Present ACEP Member e CIa "- e --.\ "- (0 "'" e CIa ..... (0 ~ e e:. ~ e e ,j;o OSCAR W. SOUL TINGHOUSE, MD Page 3 CE~TIF'C, ION AND~ICENSURE: 1991 Fellow American College Emel1lency Medicine 1590 Board Certified Emergency Medicine Texas Medicsl License flG2258 Expires: 8/31/97 ADDITION 1987 Co-Founder Progressive Care Services. PC 1982-t984 International Marathon Swimming Circuit Varsity Swimming- Tulane University . . 1,'" . . .. . .. "":, ~ IREQU. FOR CITY COUNCIL AGE~ ITEM Agenda Date Requested: August 25 1997 Requested By: Steve Gillett -- ~ Department: Public Works xxx Report Resolution Ordinance Exhibits: Recap of Repair Estimates on Vehicle # 87-05 SUMMARY & RECOMMENDATION On July 8, 1997, Dump Truck No. 87-05 was involved in an accident at Hwy 146 and Barbour's Cut Blvd. Extensive damage was done to the unit. The unit is a 1997 International Dump Truck purchased in the 1996/97 Budget Year at a cost of $38,547.00. Competitive bids for this type of repair fall under the general exemption from municipal purchasing statutes "due to procurement necessary due to unforeseen damage to public machinery, equipment or other propertyU". For this reason, estimates for repairs were requested from four (4) area repair shops with three (3) returning estimates and one (1) No bid. Several other repair shops were contacted and declined to give estimates. The lowest estimate was submitted by Bayou City Ford in the amount of $18,720.59. Staff recommends Bayou City Ford be authorized to repair the unit. All estimates do not include any hidden damage found during repairs. For this reason, it is recommended a total amount authorized for repairs be set at $20,000. Funds for repairs are budgeted in the Equipment Services FY 96/97 Operating Budget. Action Required by Council: Authorize repairs on unit 87-5 to Bayou City Ford in the amount not to exceed $20,000. Availability of Funds: General Fund Capital Improvement Other '~ehicle Maintenance Fund Water/Wastewater Revenue Sharing xxx Account Number: 024-7074-534-4021 Funds Available: XX YES NO IJ~ J'I DATE I ( .-. .. - CITY OF LA PORTE REPAIR ESTIMATE RECAP REPAIR ESTIMATES TO VEHICLE NO. 87-05 BAYOU crn OLYMPIC JOE CAMP SAM & COMPANY FORD INTERNATIONA FORD SONS ESTIMATED AMOUNT $ 18,720.59 $ 20,649.38 $ 20,951.33 NO BID . . AGENDA .REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE HELD JULY 28, 1997, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M. Next Ord. 97-2188 Next Res. 97-06 I. CALL TO ORDER 2. INVOCATION - REVEREND DAVID CUTTING - LA PORTE COMMUNITY CHURCH 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING JULY 14, 1997 4. PRESENTATION A. Mrs. Bob Thrower B. Mr. Mike Cooper C. Employee of the Quarter - Lance Cook 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PA YERS WISHING TO ADDRESS COUNCIL. 6. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND AIR LlQUIDE AMERICA CORPORATION, FOR PROVISION OF POTABLE WATER SERVICE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT (Ord. 97-2188) D. Kneupper 7. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND DANIEL'S DUMP TRUCK HAULING, INC. FOR THE DEMOLITION OF CONDEMNED STRUCTURES; APPROPRIATING $12,900.00 TO FUND SAID CONTRACT (Oru. 97-2189) - D. Wilmore 8. ADMINISTRATIVE REPORTS A. CITIES OF LA PORTE AND DEER PARK AUCTION 9. COUNCIL ACTION LO. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. SECTION 551. - 0 . e 11. ADJOURNMENT .If during the course of the meeting covered by this agenda the Council should determine that a closed or executive meeting or session of the Council should be held or is required in relation to an item noticed in this agenda, then such closed or executive meeting or sessions authorized by the Open Meetings Law, Chapter 551, Texas Government Code; will be held by the Council at that date, hour and place given in the meeting notice or as soon after the commencement of the meeting covered by the meeting notice as the Council may conveniently meet in such closed or executive meeting or session concerning any and all subjects and for any and all purposes permitted by Sections 551.071 through 551.076, and Section 551.084, of said Open Meetings Law, including, but not limited to: Section 551.071 - Section 551.072 - .. Section 551.073 - Section 551.074 - Section 551.075 - Section 551.076 Section 551.084 - For the purpose of a private consultation with the Council's attorney on any subject or matter authorized by law. For the purpose of deliberating the purchase, exchange, lease or value of real property. For the purpose of deliberating a negotiated contract for a prospective gift or donation to the City. For the purpose of deliberating the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a puplic ofticer or employee or to hear complaints or charges against a public ofticer or employee, unless the officer or employee requests a public hearing. For the purpose of conferring with an employee or employees of the City, only for the purpose of receiving information from the employee or employees or to ask questions of the employee or employees; provided, however, that no discussion of public business or City policy that aft"ects public business shall take place between the members of the City Council during the conference. To consider the deployment, or specitic occasions for implementation, of security personnel or devices. For the purpose of excluding a witness from a hearing during the examination of another witness in an investigation.