HomeMy WebLinkAbout1998-12-14 Regular Meeting and Public Hearing of City Council
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MINUTES OF THE REGULAR AND PUBLIC HEARING MEEl'ING
OF LA PORTE CITY COUNCIL
DECEMBER 14, 1998
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard! Ebow, Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young, Jerry Clarke
and Mayor Norman Malone.
Members of Council Absent: None.
Members of City Executive Staff and City Employees Present: Assistant City Manager
John Joems, City Attorney Knox Askins, City Secretary Martha Gillett, Chief of Police
Bobby Powell, Director of Public Works Steve Gillett, Director of Parks and
Recreation Steve Barr, Fire Chief Joe Sease, Planner Masood Malik, Accountant Kathy
Hutton, Human Resources Manager Sydney Upchurch, Assistant Finance Director
Cynthia Alexander, Fire Marshal Paul Hickenbottom, Caretaker Christina Sehnert,
Purchasing Manager Susan Kelley and Office Manager Marlene Rigby.
Others Present: Reverend Oliver Stillwell, Spero Pomonis, Colleen Hicks and a number
of La Porte Citizens.
2. The Invocation was delivered by Reverend Oliver Stillwell.
3. Council considered approving the minutes of the Regular Meeting and Workshop
Meeting on November 23, 1998 and a Special Called Workshop Meeting on December
9, 1998.
Motion was made by Council person Engelken to apJlrove the minutes of the Regular
Meeting and Worksho.p Meetine: on November 23. 1998 and Special Called Workshop
Meetin, on December 9. 1998 as presented. Second by Councilperson Clarke. The
motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor
Malone.
Nays: None
Abstain: None
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CmZENS AND
TAX PAYERS WISHING TO ADDRESS COUNCIL
The following citizens or taxpayers addressed Council:
Spero Pomonis - 218 Bay Colony Circle, La Porte, Texas 77571 - Mr. Pomonis spoke
on the topic of "Honest Government. "
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Page 2 - City Council Minutes 12/14/98
5. PRESENTATIONS
Employee of the Quarter - July, August & September 1998
Stephen Barr and Marlene Rigby presented Parks and Recreation Department Christina
Sehnert with a plaque for being chosen as Employee of the Quarter.
Certificate of Achievement for Excellence in Financial Reporting
Assistant City Manager John Joerns presented the Certificate of Achievement for
Excellence in Financial Reporting to Assistant Finance Director Cynthia Alexander and
Accounting Manager Kathy Hutton. This is the seventeenth consecutive year the City
has received this award.
6. Public Hearing - For the purpose of condemning and ordering demolition of a
dangerous building.
Open Public Hearing - Opened at 6:18 P.M.
Review By Staff - Planning Director Doug Kneupper reviewed the recommendation to
consider condemning a substandard building at 8502 Ashwyne Layne, La Porte, Texas
77571.
Public Input - Jeff Counts, 4002 Valley Green Ct. informed Council he owned the
property next to 8502 Ashwyne Layne and urged City Council to condemn this property
as soon as possible due to hazards.
Recommendation By Staff - Staff recommended the building be condemned.
Close Public Hearing -The Public Hearing was closed at 6:40 P.M.
7. Council considered the approval of an Ordinance condemning the building at 8502
Ashwyne Layne, La Porte, Texas 77571.
City Attorney Read: ORDINANCE 98-2301 - CONSIDER APPROVAL OR OTHER
ACTION REGARDING AN ORDINANCE DECLARING THE BULDINGS
LOCATED ON LOT(S) 22, BLOCK 6, ADDmON BROOKGLEN, SECTION 2,
HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING CONDEMNED; FINDING THAT JOHN W. JOINER IS THE RECORD
OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO
ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE
SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLmON WITHIN
(10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING
THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BULDING;
ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS
ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID
PREMISES BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID
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Page 3 - City Council Minutes 12/14/98
OWNER(S) IN THE MANNER PROVIDED HEREIN; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW.
Motion was made by Councilperson Ebow to ctPprove Ordinances 98-2301 and 98-2298
as presented. Second by Councilperson Clarke.
Councilperson Porter requested the Ordinance be approved with the stipulation that the
City make verbal contact with the owner.
Motion was made by Councilperson Porter that the Ordinance be l\Pproved with the
amendment that the owner be contacted Drior to the actual condemnation of said
building. Second by Councilperson Engelken. The amended motion carried
unanimously. The regular motion carried unanimously.
Amended Motion:
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor
Malone.
Nays: None
Abstain: None
Main Motion:
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor
Malone.
Nays: None
Abstain: None
8. Council considered approving and authorizing a Joint Resolution ordering the
transferring the vitals records to Harris County Clerk.
City Secretary Martha Gillett presented the summary and recommendation information
and answered Council's questions.
City Attorney read: RESOLUTION #98-17 - A JOINT RESOLUTION ORDERING
THE TRANSFERRING OF THE DUTIES OF THE CITY OF LA PORTE
RELATING TO THE MAINTENANCE OF BIRTH AND DEATH RECORDS TO
THE COUNTY CLERK OF HARRIS COUNTY.
Motion was made by Councilperson Sutherland to approve Resolution 98-17 as read by
the City Attorney. Second by Council person Engelken. The motion carried
unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor
Malone.
Nays: None
Abstain: None
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Page 4 - City Council Minutes 1~/14/98
9. Council considered a resolution approving the submission of a grant application for the
Harris County Organized Crime and Narcotics Task Force (Resolution 98-18).
Chief of Police Bobby Powell presented summary and recommendation and answered
Council questions.
Motion was made QY Councilperson En2elken to lij)J)rove the Resolution as presented.
Second by Councilperson Porter. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor
Malone.
Nays: None
Abstain: None
10. Council considered the approval of an Ordinance amending Ordinance 1444. This item
was previously tabled at the 10-26-98 meeting. The agenda was incorrect in reflecting
the item was tabled at the 10-16-98 meeting.
Planning Director Doug Kneupper presented summary and recommendation and
answered Council questions.
City Attorney Read: ORDINANCE 1444-B - AN ORDINANCE AMENDING
ORDINANCE NO. 1444 REGULATING THE PLATIING OR REPLA1TING OF
LAND INTO SUBDMSIONS IN THE CITY OF LA PORTE AND WITHIN
EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE BY
ADDING NEW SECTION 4.021 MINOR PLATS, AND FURTHER BY AMENDING
SECTION 4.06 AMENDING RECORDED SUBDIVISION PLATS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR A
SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Sutherland to ~prove the Ordinance as read by the
.c.i.tL. Seoond by Councilperson Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor
Malone.
Nays: None
Abstain: None
11. Council considered approval of and Ordinance authorizing a contract with Gulf Coast
Waste Disposal.
Public Works Director Steve Gillett presented summary and recommendation and
answered Council questions.
Motion was made by Council person Ebow to all'prove the Ordinance with as presented.
Second by Councilperson Gay. The motion carried unanimously.
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Page S - City Council Minutes - 12-14-98
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor
Malone.
Nays: None
Abstain: None
12. Council considered authorizing the Director of Finance to amend the various operating
budgets for outstanding purchase orders.
Accounting Manager Kathy Hutton presented summary and recommendation. She
advised Council there are 40 outstanding purchase orders.
Motion was made by Councilperson En~elken to authorize the Director of Finance to
amend the various QperatinJ bud~ets for outstandin8 purchase orders. A second by
Peter Griffiths. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor
Malone.
Nays: None
Abstain: None
13. Consent Agenda
A. Consider awarding bid for the replacement of a trailer mounted sewer cleaner.
B. Consider awarding bid for oils, fluids and lubricants.
C. Consider awarding bid for ambulance.
Motion was made by CouncUperson Clarke to vote on all consent aJenda items at once.
Second by Councilperson Young. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor
Malone.
Nays: None
Abstain: None
14. ADMINISTRATIVE REPORTS
Assistant City Manager John Joerns asked Council if the would consider a letter of
support for HGAC/MPO grant request for strategic planning of 1-69 corridor and for
three grade separations on USS9/I-69.
Council all agreed on this matter.
In addition Mr. Joerns reminded Council of the following events:
A. Volunteer Appreciation Banquet - December 16, 1998
B. Introduction of City Planner - Masood Malik
C. Christmas Celebration Luncheon - December 18, 1998
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Page 6 - City Council Minutes 12/14/98
D. P.D. Christmas Luncheon - December 21, 1998
E. Public Works Luncheon - December 23, 1998
15. COUNCIL ACTION
Councilpersons Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Clarke and Mayor
Malone brought items to Council's attention.
16. EXECUTIVE SESSION - PURSUANT TO PROVISION OF TIlE OPEN
MEKnN'GS LAW, CIIAPI'ER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSULTATION WITH
ATI'ORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION,
PERSONNEL MATl'ERS, CONFERENCE WITH EMPLOYEES
DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A
WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN
INVESTIGATION)
17. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
There was no Executive Session.
18. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 7:24 p.m.
Respectfully submitted,
LfYl8Wfi~a. !J4I1JA
Martha A. Gillett
City Secretary
Passed and approved on this 28th day of December, 1998.
/!nm~~
Norman L. MalGne, Mayor
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ADMINISTRATIVE SERVICES DEPARTMENT
Louis Rigby, Diredor
HUMAN RESOURCES DIVISION
c. Sydney Upchurch, Manager
Nicole Hatter, Secretary
INTEROFFICE MEMORANDUM
TO:
Martha Gillette, City Secretary
FROM:
C. Sydney UPchu~<<'1
DATE:
November 3D, 1998
RE:
Council Agenda Item
December 14, 1998
Emplovee of the Quarter, July, August & September 1998
Please include an Emplovee of the Quarter award presentation on the Council
A~enda for the meeting scheduled on December 14, 1998. The award for the
3r quarter of 1998 will be presented to Maria Christina "Christy" Sehnert, Sylvan
Beach Caretaker, Parks and Recreation Department. Attached is a synopsis that
provides specific information regarding Ms. Sehnert's selection for this award.
Should you require additional information or assistance, please contact me at
extension 238. Your cooperation is appreciated.
SU:s
Attachment
Cc: Steven Barr
Louis Rigby
Marlene Rigby
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Attachment to Council Aaeda Item Reauest
November 30, 1998
CITY OF LA PORTE
honors
Maria Christina Sehnert
as
EMPLOYEE OF THE QUARTER
July, August & September 1998
City of La Porte, Parks & Recreation Department staffer, Maria Christina
Sehnert, "Cristy" to her friends and colleagues, was chosen as Emplovee of the
Quarter, for July, August & September 1998. Sehnert has been with the Parks &
Recreation Department (PARD) for 2 % years. Her first assignment was as a
Home Meals Delivery Driver and since June of 1997 as the Sylvan Beach Facility
Caretaker. Her responsibilities include supporting groups (that have leased the
facility) with set-up requirements, AlC, Sound System, and other related items.
She supervises caterers, security, concession and entertainment personnel
contracted by the lessee.
Nominated by her supervisor, Marlene Rigby, Sehnert is a textbook example of
an exemplary employee who takes pride in her work. Rigby reports that
Sehnert routinely takes it upon herself to review the work of the Pavilion's
custodial staff and if she finds the conditions not up to her high standards, she
does not hesitate to do the work herself. Sehnert willingly pitches in to perform a
variety of tasks at other PARD facilities and special events.
Sehnert does not have a "set" work schedule. Her job requires that she work a
variety of hours, usually from 9:00a.m. to 2:00a.m. per event. Despite the long
hours and unusual work schedule, Sehnert remains pleasant, professional and
cooperative. Going the "extra mile" to deliver outstanding service to the citizens
of La Porte is the RULE, not the exception for Sehnert.
Our CONGRATULATIONS and APPRECIATION go out to "Cristy" for making
the City of La Porte and this community a better place to live and work
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PRESENTATION TO: Jeff Litchfield & Finance Department
Certificate of Achievement for Excellence in Financial Reporting
The Certificate of Achievement for Excellence in Financial Reporting is an award
designed to recognize and encourage excellence in financial reporting by state and local
governments. The Certificate of Achievement is the highest form of recognition in the
area of governmental accounting and financial reporting, and its attainment represents a
significant accomplishment by a government and its management.
The Certificate of Achievement for Excellence in Financial Reporting Program
(Certificate Program) was established by the Government Finance Officers Association
(GFOA) in 1945. The GFOA instituted the program to encourage all government units to
prepare and publish an easily readable and understandable comprehensive annual
financial report (CAFR) covering all funds and financial transactions of the government
during the fiscal year. The GFOA believes that governments have a special
responsibility to provide the public with a fair presentation of their financial affairs.
CAFRs go beyond the requirements of generally accepted accounting principles (GAAP)
to provide the many users of government financial statements with a wide variety of
information useful in evaluating the financial condition of a government.
The Certificate of Achievement for Excellence in Financial Reporting has been awarded
to the City of La Porte, Texas, by the Government Finance Officers Association of the
United States and Canada for its comprehensive annual financial report for the year
ending September 30, 1997. A Certificate of Achievement is valid for a period of one
year only. This is the seventeenth consecutive year that the city has received this
prestigious award.
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]REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 14, 1998
Requested By: Doug Kneupper ~
X Report ~- - "ll-:;-ution
Department: Planning
X Ordinance
Exhibits:
1.
2.
4.
Dangerous Building Inspection Report
Slide Presentation
Condemnation Ordinance
SUMMARY & RECOMMENDATION
Summary:
City Council is asked to consider condemning and ordering the demolition of a substandard
building located at 8502 Ashwyne Lane. City records show the structure was damaged by
fire on June 3, 1998. Subsequent to this meeting, as required by Ordinance 97-2198; Article
VIII; Section 82-478; Code of Ordinances, a notice was published in the Bayshore Sun. A
certified letter containing the public notice was mailed to the owner of the building in
question.
The purpose of this public hearing is to take property owner and citizen comments as to
why this building should or should not be condemned and demolished. Following the
close of the hearing, Council will be asked to consider condemnation of the building. A
condemnation ordinance has been prepared and is attached.
Recommendation:
The Dangerous Building Board oflnspection (Chief Building Official, Fire Chief, and
Fire Marshal) unanimously recommends the dangerous building be condemned and
demolished.
Action ReQuired by Council:
1. Conduct Public Hearing.
2. Consider Passing Condemnation Ordinance.
Availability of Funds:
General Fund
Capital Improvement
Y Other
Account Number: 001-9092-524-6021
Water/Wastewater
General Revenue Sharing
Funds Available: ---X- YES _NO
ApproveJtor City couDci~a:
~~T.~
Robert T. Herrera
City Manager
\ 1.- 9. -4i
Date
e CITY OF LA PORTE
DANGEROUS BlmJD
DATE Novemher 02. 1998
STREET ADDRESS R502 Ashwyne Ln.
OWNER John W. Joiner
AGENT nfa
MAILING ADDRESS 8502 Ashwyne Lane. La Porte. TX 77571
BLOCK..6.- LOT(S) 22
SURVEY/SUBDlV. Brookc1en S. 2
OCCUPANCY TYPE Residential
ZONING
R-I
FACILITIES AVAILABLE: WATER ---"-- SANITARY SEWER-L-
ELECTRICAL POWER
.I
GAS
.I
NO. OF DWELLING UNITS ---L- VACANT....L- OCCUPIED_
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #97-2198; Article VIII; S. 82-474,
THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED
PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR
OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS:
(AS OUTLINED IN CITY OF LA PORTE ORDINANCE #97-2198; Article VIII; S. 82-473).
r.l) I) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE
AND CONSTITUTES A FIRE HAZARD; OR
[.I) 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY
COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
r.l) 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED
DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE \'.JOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
[.I] 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH
AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO
THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING
STRUCTURES.
NOTE: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR
THE REMAINDER OF THIS REPORT
FINDINOS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the opinion of this inspection board that this building is in fact dangerous, but
still repairable. All repairs or alterations required to be done shall be done In accordance
with all City of La Porte codes and ordinances applicable. If the repairs or alterations
OJ'der is not COlli plied with within the thnelable set ont In City of La Porte Ordinance #97-
2198; A.-1icle VIII; S. 82-478, it is then the opinion of this Inspection board that this
building be demolished.
J0.1U~
BUILDING OFFICIAL'S
OFFICE
~I?;';;~
FIRE MARSHAL'S
OFFICE
x~.
F) E CHIEF'S
OFFICE
tit BUILDING EVALUATION CHECKLI
A = Adequale D= Deficient N/A = Not Applicable
I. STRUCTURAL
A. Foundation
1. Slab
2. Pier & Beam
a. Footings
b. Sills
C. JoislS
B. WalIs
1. Exlerior
2. Inlerior
C. Means of Egress
I. Doors
a. Inlerior
b. Exterior
2. Porchs, Sleps,
Slairs
3. Windows
D. Roof
1. Rafters
2. Deck, Shingles
E, Ceilings
1. Joists
2. Ceiling
F. Floors
G. Olher
n. MECHANICAL SYSTEMS
A. Eleclrical
1. Service Entrance
& Panel
2. Wiring
3. Lights, Switches
4. Outlels
5. Other
-1lnk
JliA..
JliA..
JliA..
COMMENT/EXPLANA TION
Unable to inllPect
--IL- Burned Building
-1L Rurned Ruilding
.-IL. Burned Building
.-IL. Burned Building
.-IL. Burned Building
.-IL. Burned Building
.-IL. Burned Building
..JL Burned Building
...lL- Burned Building
...!2- Burned Building
...lL- Burned Building
Jl..- Burned Building
...lL-
...lL-
...lL-
...lL-
...lL-
C. Ilcilling &. Air C.ulIlliliolling
I. Healing ...lL-
2. Air Conditioning ...lL-
B. Plumbing
1. Fixlures "
a. Sink JL Burned Building
b. Lavatories ...IL Burned Bnilding
c. Water Ctosets ...IL Burned Building
d. Tub/Shower ..ll- Burned Building
e. Water Heater ...!2- Burned Building
2. Water Piping ..ll- Burned Building
3. Drain, Waste
& Vent ..ll- Burned Building
4. Sewer/Seplic Tank ...lL- Burned Building
5. Gas System JL Burned Building
III. PROPERTY CONDITIONS
1. Accessory Stnlctures
2. Condition of Grounds
3. Olher
Unk
JL
...!2-
Burned Building
Burned Building
Burned Building
Burned Building
Burned Building
Burned Building
Burned Building
Weeds
Trash and exterior storage
COMMENTS: Millor damage caused by fire on June 3. 1998
11-'96 R...
.:d..,hIJ, JUll/dqo,w, buildi..
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COP
':!~
ORDINANCE NO. 98- 2301
AN ORDINANCE DECLARING THE BU'aDINGS LOCATED ON LOT(S) 22, BLOCK ~
ADDITION BROOKGLEN. SECTION 2, HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT JOHN W.
JOINER IS THE RECORD OWNER (S) OF SAID PROPERTY; ORDERING THE SAID
OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING
THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLmON WITIDN
(10) DAYS FROM THE EFFECTIVE DATE OF TInS ORDINANCE; ORDERING THE
BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUllDING; ORDERING THE
CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S);
PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTE IF
NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN;
PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITII THE
OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances of the City of La Porte, creating a Board of Inspection to be
composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) of said Section provide that:
Whenever it shall come to the attention of the Board of Inspection or any member
thereof, by reason of the carrying out of the necessary duties of such member, or by reason ofa
complaint of any citizen of the City or of the City Council, that a dangerous building exists, the
Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough
inspection of said alleged dangerous building; and
WHEREAS, Section 82-474 (c) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall immediately report its conclusion in writing to each of the members of
the City Council and to the City Attorney. Such report shall state the circumstances and the
condition of the building upon which such conclusion was based. The report shall be filed in all
cases not matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention of the Board of Inspection that the
building located on Block 6: Lot 22: Brookglen. Section 2. which is further described as 8502
Ashwyne Lane. Harris County, Texas, has, for the reason of neglect or misuse, been allowed to
Ordinance No: 98-1 ~o ~
, Page 2
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deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in
Section 82-473 of the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board of Inspection has heretofore made and filed its written report,
dated November 2. 1998 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, John W. Joiner, whose address is 8502 Ashwyne Lane - La Porte. Tx77571-
3619. that a hearing as provided in Section 82-477 of said Ordinance would be held at 604 W.
Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time
the Council would! hear evidence for and against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owner(s), by registered mail, return receipt requested, which return receipt indicated that said
owner(s) received said notice on (Notice Mailed November 30.1998 - Return Receipt Not
Received as of 12/7/98). a date more than ten (10) days before the date set for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct
such public hearing, at which time evidence was presented both for and against the conclusions
of the Board of Inspection;
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on December 29. 1998 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 98- 21
, Page 3
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. This Ordinance contains the findings and orders of the City Council of the
City of La Porte, and its conclusion, based upon the evidence presented at said hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report of the Board of Inspection, in full, and incorporates such by reference
herein as fully as though set out herein.
Section 3. The City Council hereby finds, determines and declares such building to
be a nuisance, and orders such building condemned.
Section 4. The City Council hereby finds, determines and declares that John W.
Joiner. who resides at 8502 Ashwyne Lane - La Porte. TX 77571-3619 is the record owner(s) of
the property on which this building is situated, and that as such record owner(s), the said John W.
Joiner has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said John W. Joiner to entirely
remove or tear down such building, and further orders the said John W. Joiner to commence such
removal within ten (10) days from the effective date of this Ordinance, and to complete such
removal of demolition of such building within a reasonable time.
Section 6. The City Council hereby orders the Board of Inspection of the City of La
Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one
or more conspicuous places on the exterior of the building, which notice or notices shall not be
removed or defaced by any person, under penalty of law.
Section 7. The City Council hereby orders the City Secretary to forward a certified
copy of this Ordinance, to the record owner(s) of said property, the said John W. Joiner. by
registered mail, return receipt requested.
Section 8. Should the said John W. Joiner not comply with the orders contained in
this Ordinance relating to the removal or demolition of such building within ten (10) days after
hereof, then the Board of Inspection of the City of La Porte shall enter upon the said premises
with such assistance as it may deem necessary, and cause the said building to be removed or
demolished without delay, and the expenses of such procedure shall be charged against the said
John W. Joiner. record owner(s) of said property, and shall thereupon become a valid and
enforceable personal obligation of said owner of such premises, and the said Board of Inspection
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Ordinance No. 98- 2301
, Page 4
e
shall carefully compute the cost of such removal or demolition, which cost shall be hereafter
assessed against the land occupied by such building, and made lien thereon.
Section 9. The City Council officially finds, detennines, and 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, Article 6252-17, Texas
Revised Civil Statutes Annotated; 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 fonnally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 10. This Ordinance shall take effect and be in force from and after its passsage
and approval.
PASSED AND APPROVED this the 29th day of December, 1998.
CITYrpORTE .
BY/0'71?h,~~
. ayor
ATTEST:
~1l.{1. Jd~
City Secretary
DZd
City Attorney
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ACTION OF CITY COUNCIL
On this, the -' lfn- day of -1J eCel11B e ( . 19 ~ the City Secretary of the
City of La Porte, having received the abocve and foregoing report from the Board of
Inspection of the City of La Porte, the City Secretary of the City of La Porte is hereby .
ordered to notify the owner in writing in accordance with the provisions of Section 8-119,
Article IX, Code of Ordinances of the City of La Porte.
CITY OF LA PORTE
By: Jr;7/.<v<v7m/---
A'ITEST:
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the rt 1t... day of DfLe th\ fter: 19 tt~, I mailed a
notice to the above named owner, in connection with the above referenced property, said
notice being in accordance with Section 8-119, Article IX, of the Code of Ordinances of
the City of La Porte. A copy of said notice is attached hereto. Said notice included a
copy of the Dangerous Building Inspection Fonn attached hereto.
~d.(~, JlJ.J1tlJ.
M ha Gillett
City Secretary
,.
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City of La Porte
Escablished 1892
November 30, 1998
J
CERrD1JID MAIL
Z 473 047 021
Iohn W. Ioiner
8502 Ashwyne Lane
LaPorte, TX 77571
Re:
Building at:
Legal Description:
8502 Ashwyne Lane
Blk. 6; Lot 22; Brookglen S.2
Dear Mr. Ioiner:
A complaint concerning the condition of the building on the above described property
has been filed under the City of LaPorte Ordinance 97-2198; Article VI; Section 82-
411; Code of Ordinances, of the City of LaPorte.
Pursuant to a complaint filed by LA PORTE BOARD OF INSPECTIONS, an
investigation of the premises has been made as required by said Ordinance, by the
Board of Inspection of the City of LaPorte. A copy of the Board's report, as filed by
the Board with the City Council of the City of La Porte, is attached to this letter and is
a part of this notice.
As owner of the above described property, you are hereby ordered by the City Council
of the City of LaPorte to be and appear before the City Council at a public hearing to
be held at the City Council Chambers, City Hall, City of LaPorte, 604 W. Fairmont
Parkway, LaPorte, Texas, at 6:00p.m., on the 14dl day of December, 1998, and as the
same may from time to time be adjourned, to appear and show cause why the building
should not be declared a nuisance, condemned, and ordered repaired or torn down, as
more fully set forth in such notice attached hereto.
This public hearing process need not be carried out if you, the property owner, choose
to follow one of two alternative courses of action. One alternative is simply to have the
structure demolished. Any demolition shall be in accordance with City Ordinances.
The second alternative is to complete, have notarized and return the enclosed "Consent
to Demolish" form. A photocopy of the property title must be attached to the form.
;.
d. '. .::: . L~l Pl'11.:. r~.\...:- -"5-:..~ 1.5. ':":! ~-i.50':fi
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The Consent to Demolish should be returned to the City prior to the Public Hearing
date.
Please note, should this building be demolished at the City's expense, you as property
owner will be billed for the cost of demolition. Failure to reimburse the City will result
in a lien being filed against the property.
Should you wish to repair this structure, a set of plans detailing the work to be
performed should be submitted to the City's Inspection Division. As the public
hearing, the City's Building Official will present a report to City Council assessing the
feasibility of the proposed repairs. City Council will make the final determination
whether the building may be repaired or condemned and demolished. Please note,
submitting repair plans does not stop the public hearing proceedings.
Respectfully,
CITY OF LA PORTE
~d-II-{IiL~
B : Martha Gillett, CIty Secretary
cc Mayor and City Council
Board of Inspection
..
~
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NOTICE OF PUBLIC HEARING
In accordance with the provisions of City of La Porte Ordinance #97-2198; Article VllI;
Section 82-474, notice is hereby given that the LaPorte City Council will conduct a Public Hearing
at 6:00 P.M on the 14th of December, 1998, in the Council Chambers of the City Hall, 604 West
Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider condemnation of the
following building which have been found by the Board of Inspection to be dangerous and a
nUIsance.
8502 Ashwyne Lane
Blk. 6; Lot 22; Brookglen, Section 2
Owner: John W. Joiner
Owner( s) of the above listed buildings are hereby commanded to appear before the City
Council to show why their buildings should not be declared a nuisance, condemned and ordered to
be tom down.
Citizens wishing to speak at the public hearing, pro or con, will be required to sign in before
the meeting is "COnvened.
Following the public hearing, a regular meeting of the City Council will be held to act upon
the public hearing and other matters to be brought before the Council.
CITY OF LA PORTE
Martha Gillett
City Secretary
..
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.
CITY OF LA PORTE
DANGEROUS nUILDlNG INSPECTIO~ FORM
DATE Novemher 02. 1998
STREET ADDRESS 8502 Ashwyne Ln.
OWNER John W. Joiner
AGENT n/a
MAILING ADDRESS 8502 Ashwyne Lane. La Porte. TX n571
SURVEY/SUBDN. Brookglen S. 2
BLOCK ~ LOT(S) 22
OCCUPANCY TYPE Residential
ZONING
R-I
FACILITIES AVAILABLE: WATER -L- SANITARY SEWER-L
ELECTRICAL POWER
./
GAS
./
NO. OF DWELLING UNITS
VACANT -L-. OCCUPIED_
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #97-2198; Article VIll; S. 82-474,
THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED
PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR
OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS:
(AS OUTLINED IN CITY OF LA PORTE ORDINANCE #97-2198; Article VIll; S. 82-473).
(./] 1)
[.I] 2)
[.1'/ 3)
(.I] 4)
BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE
AND CONSTITUTES A FIRE HAZARD; OR
BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING. OR BY
COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
,
BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED
DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQU:ENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE ~OT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH
AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO
THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING
STRUCTURES.
NOTE: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR
THE REMAINDER OF THIS REPORT
FINDfNGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the opinion of this inspection board that .bis building is in fact d8ngerous, but
still repairable. All repairs or alterations required to be done shall be done in accordance
with all City of La Porte codes and ordinances applicable. If the repairs or alterations
order is not complied with within the timetable set out in City or La Porte Ordinance #97-
2198; Article VII(; S. 82-478, it is tben the opinion DC this Inspec(loD board that this
building he dcmolishcd.
00. tV~
J3U1LDING OrFle/AL'S
OFFICE
f)J-~I1r#~
FIRE MARSHAL'S
OFFICE
x u---
F) E CHIEF~S
OFFICE
_ .JUlLDlNG EVALUATION CHEC.
A = Adequate D = Deficient N/ A = Not Applicable
B. Plumbing
I. Fixtures "
a. Sink ...Il...- Burned Buildin,
b. l..avatories ...Il...- Burned Buihtine
c. Water Closets .lL- Burned Buildinl!
d. Tub/Shower JL Burned Buildine
e. Water Heater ..lL- Burned Building
2. Water Piping JL Burned Building
3. Drnin, Waste
8t. Vent .lL- Burned Building
4. Sewcr/Septic Tank .1L Burned Buildine
5. Gas System JL Burned Building
1. STRUCTURAL
A. Foundation
I. Slab
2. Pier 8t. Beam
a. Footings
b. Sills
c. Joists
B. Walls
I. Exterior
2. Interior
C. Means of Egress
I. Doors
a. Interior
b. Exterior
2. Porchs, Steps,
Stairs
3. Windows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floors
G. Othcr
II. MECHANICAL SYSTEMS
A. Electrical
I. Service Entrance
8t. )'anel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
..Jlnk
..nlL
JJiA..
JJ1A..
.JL
..lL
.JL
..lL
.JL
..lL
.JL
..lL
..lL-
JL
JL
.1L
JL
JL
JL
JL
JL
C. IIc&\ting & Air Cunditioning
I. Heating JL
2. Air Conditioning JL
III. PROPERTY CONDITIONS
I. Accessory Slructures
2. Condition of Grounds
3. Other
.J!nk
JL
JL
COMMENT/EXPLANATION
Unable to in~t
Burned Buildi",:
Burned Building
Burned Building
Burned Building
Burned Building
Burned Buildinl!
Burned Buildine
Burned Building
Burned Building
Burned Building
Burned Building
Burned Builtline
Burned Building
Burned Building
Burned Buildinl1
Burned Buildinr
Burned Building
Burned Building
Burned Building
Weeds
Trash and exterior storage
CO~MENTS: Ml\ior damal!e caused by tire on June 3. 1998
11.'96 Rev.
l:...b.,..lnaI......._ buiIoIioi
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CONSENT TO DESTRUCTION OF CERTAIN BUILDINGS ~Y CITY OF LA PORTE, WAIVER
OF NOTICE AND PUBLIC HEARING, AGREE~IENT TO /lOLD CITY OF LA PORTE, ITS
EMPLOYEES AND AGENTS /lARMLESS.
KNml ALL MEN BY T/lESE PRESENTS:
That. I, _________________________, having shown proof of
ownership do hereby waive all right.s I may have for not.ice and a public
hearing in rega..d t.o the condition of ______________________
-__________________________________located on my property, the
(specify particular buildings or structures)
legal descript.ion of which iSj ___________________
---------------------
and I hereby consent to the demolit.ion of said buildings and structures
on the above described property by the City of La Porte, or by any
agents and employees of the City of La Porte and I hereby agree to hold
harmless the City of La Porte' and all its agents, employees and/or
independant cons tractors of the City of La Port.e for any injury to
persons or property caused in the prepat"atlon for demolition of said
buildings and/or structuresj in the actual demolit.ion of said buildings
and/or structures, or in removal of materials or equipment after
demolit.ion of said buildings and/or st.ructures, and there is no
insurance on above described property or structure.
",.
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REoAT FOR Cl'fY COUNCIL AGENDA L
Agenda Date Requested: December 14. 1998
NjJ
Requested By: M. GiUett'-"" De~artment: Administration/City SecretaJy's Office
_ Report
X Resolution
Ordinance
Exhibits:
Original Adopting Ordinance 734
Local Registrar Checklist
Local Registrar Letter
Resolution
Harris County Locations Listing
In October, 1997 the Texas Department of Health conducted an audit of the City of La Porte's vital statistics
records and procedures. It was recommended at that time that the City of La Porte consolidate with Harris County
due to a low volume of record filings. The State has been conducting a statewide audit in an effort to consolidate
some of the smaller sites with larger entities. The State is currently servicing an excessive amount of agencies and is
having difficulty providing adequate services.
I previously received a letter from the Texas Department of Health, further clarifYing the need for the City of La
Porte to consolidate with Harris County. The audit reflected several areas of needs improvement for handling vital
records. This is not surprising since the City staff has never attended a vitals records training conference. The
training time and expense would be difficult to manage with limited staff who are responsible for covering multiple
areas of the City Secretary's Office.
I have been in contact with Harris County and they agree this function needs to be handled by them. They
recommended we wait until lanlW)' 1, 1999 for the change to become effective.
Vital records are only one minor function the City Secretary's Office handles. Although we don't process a large
volume, the technical knowledge must be maintained at the same level as the County. The number of deaths
processed each year averages less than 50 per year and births are less than five per year. The amount of time spent
in training, supplies, long distance phone calls, etc. presents a burden to the City for such a low volume of filings
each year.
If the vital function is transferred to Harris County, the attached list outlines several locations these services could
be handled by.
SUMMARY & RECOMMENDATION
Staff recommends transferring this service to the County as recommended by the State of Texas Department
of Health.
Action Required by CouncD:
Adopt the 10int Resolution ordering the transfer of duties of the City of La Porte relating to the maintenance of
birth and death records to the County Clerk of Harris County.
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Availability of Funds:
Genenl Fund WaterlWastewater
_ Capital Improvement_ Genenl Revenue Sharing
Other
Account Number:
Funds Available: YES _ NO
Aooroved for Citv Council Ae:enda
.G1~ T.~ } 1.. (,[ti8
Robert T. Herrera Date
City Manager
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~::.. 0.:.".0'.:', ~ ,., 't/<7
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ORDINANCE NO.
'1.5 r-
AN ORDINM~CE CREATING A DEPARTI1ENT OF VITAL STATISTICS;
APPOINTING THE CITY CLERK LOCAL REGISTRAR; AND PROVIDING THAT
EACH BIRTH, DEATH, AND STILLBIRTH WITHIN THE CITY SHALL BE
P~CORDED; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COI~4ISSION OF THE
CITY OF LA PORTE, TEXAS, THAT:
Section 1. A Department of Vital Statistics of the
City of La Porte is hereby created, pursuant to the provisions of
Art. 4477, Vernon's Civil Statutes.
Section 2. The City Clerk of the City of La Porte is
hereby designated Local Registrar of Vital Statistics, and may
appoint such Deputy-Registrars as may be necessary.
Section 3. The Local Registrar shall have all of the
duties prescribed by Art. 4477, R.C.S., and the rules and
regulations of the Texas Department of Health, Bureau of Vital
Statistics, and shall collect, for the benefit of the City's
General Fund, the fees prescribed by Rule 53a, Art. 4477, R.C.S.,
together with any amendments.
Section 4. The Local Registrar shall secure a complete
record of each birth, death, and stillbirth that occurs within
the Corporate LL~its of the City of La Porte.
Section 5. This ordinance shall be effective from and
after its passage and approval.
PASSED AND APPROVED, this the 3rd day of October, 1966.
CITY OF LA PORTE
By:
I / )j
/ "(:.()( ~". l;.-
r.1aYt II/f.
ATTEST:
: ,.
f." _ . \ ..~.:...,:: .......,... .
C1. t:.r Clerk ,;.J .
APPROVED:
,;,1/ i.
t).,i. t. (,~'~
1. tl' Attorney
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LOCAL REGISTRAR CHECKLIST
BUREAU OF VITAL STATISTICS
County:
GENERAL INFOR
/fa
Local Re .
Office:
City/Precinct:
Date of Visit:
Number of Staff ndling Vital Records
in Office:
Field Representativ
Cond,ucting Visit:
ll~ld ..1//3-/97
'-1J1. AdlclL
FILING:
Checks Records before filing:
Reviews Dates:
Reviews Completeness/Accuracy:
Reviews Signatures:
Checks Neatness:
Numbering of Records:
Separate numbering systems for births,
deaths, and fetal deaths:
Date Signed/Received Procedure:
Knowledge of Deputy Signing Procedure:
Uses Batch Control Sheets:
Mails records at least once per month to State BVS:
,...-.
./
V -.,
~-
~
V
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~;'
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Indexes:
General Index:
Summary Index:
Format of Indexes (computer, fiche, cards, etc.)
/~
v~
Records Not Accessible to the Public:
Files Supplemental Registrations (amendments, adoptions, name changes, etc.): ~~
Files Duplicates,for Correction: ( ~ ) V'
ISSUANCE:
~
Remote Site:
Yes
Application used for all customers (including funeral directors):
(Obtain Sample{s))
Identification Required:
Security Paper
(Obtain Sample{s)):
Certification Statement:
Security Paper Number Log:
Paper kept in secure location:
Lock up Paper at night and when Office is Closed:
Qualified Applicant:
Understands Definition/Requirements:
Confidentiality: ~
~ ~ 4- Staff required to take confidentiality oath: "I
Knows when Records Become Open: t-
O ~ I . ~~
OTHER DUTIES AND RESPONSIBILITIES:
Birth/Death Match Occurring:
Reports of Death Used/Filed:
Burial-Transit Permits:
Knows Purpose:
Authorizations Required at Appropriate Time:
Available 24 hours per day, 7 days per week:
/'
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cz
lJ ~
-~
V'"
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LOCAL REGISTRAR CHECKLIST
~ SUMMARY
local Registr . ~
Office:
Y AREAS:
~.
.-p
M/~.
7
. -
7'~1~~.
R OMMENDED ACTION PLAN:
. -,
, . CG~.~-r~ cL-:A ~J -l/~~... . '6 ~~~
'fU. ~ $,6 ~~7 ~.
~/.f -7;
DATE TO BE COMPLETED:
REV. 7/97
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Randy P. Washington
Deputy Commissioner for Health Care Financing
Texas Department of Health
1100 West 49th Street
Austin, Texas 78756-3199
(512) 458-7111
http://www.tdh.state.tx.us
Carol S. Daniels
Deputy Commissioner for Programs
Roy 1. Hogan
Deputy Commissioner for Administration
PatliJ.Patterson,~.D.
Commissioner
November 19, 1997
Martha Gillett
City Secretary
P. O. Box 1115
LaPorte, Texas 77571
Re: Vital Statistics Consolidation
Dear Ms. Gillett:
This letter is in reply to your fax concerning consolidation of your city's vital statistics
operation. On August 13, the field representative for your region and I conducted an on- site
evaluation of your office. During this time, several areas of need improvement were noted.
For example, there was no documentation indicating staff had ever attended a Vital Statistics
Conference held for vital registration training.
In checking with the Bureau's Record Receiving Program, for your city our records indicate that
only:
In 1995, only 2 births were registered and 56 deaths were registered
In 1996, only 4 births were registered and 64 deaths were registered
To date for 1997, only 1 birth was registered and 48 deaths were registered
You mentioned that your city secretary duties are in greater demand than the vital registration
function. As you are aware, the Texas Health and Safety Code, Sec. 191.023 allows the
registration function to be consolidated into the county in which the municipality is located. In
Harris county, the county clerk is also a local registrar. In lieu of the low volume of records
registered in your city, we ask that you take this opportunity to review your particular situation
and determine whether the registration responsibilities are best left where they are. I recommend
that your city strongly recommend consolidated this function.
. An Equal Employment Opportunity Employer
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Page 2
City of LaPorte
Vital Statistics Consolidation
If you would like additional information or assistance concerning either the city's responsibilities
or consolidation, you may contact our office at the above address or by calling (512) 458-7692.
e R. Harris
DEPUTY STATE REGISTRAR
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BEVERLY KAUFMAN COUNTYCLERK
December 3, 1998
Hon. Martha Gillett
City Secretary
City of La Porte, Texas
PO Box 1115
La Porte, TX 77572-1115
Dear Ms. Gillett:
After speaking with our County Attorney, I am filing the Joint Resolution between the City of
LaPorte, Texas and Harris County with our Commissioners' Court division. I include two certified copies
of the above for submission to your City Council. After both have the three additional signatures, please
forward a completed copy to me for filing.
Thank you for your patience in attempting to complete this task. Additionally, I enclose a copy of
our filing locations. Our offices are open from 8:00 a.m. to 4:30 p.m. Monday through Friday and the
funeral homes may file at any of these locations if the death occurred in LaPorte or Precinct 3.
,-
enclosures
1001 PRESTON, 4TH FLOOR. P.O. BOX 1525. HOUSTON, TX 77251-1525.713/755-6411
I .
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:
RESOLUTION 98-17
JOINT RESOLUTION ORDERING THE TRANSFERRING OF THE DUTIES
OF THE CITY OF LA PORTE RELATING TO THE MAINTENANCE OF BIRTH
AND DEATH RECORDS TO THE COUNTY CLERK OF HARRIS COUNTY
On this the 1 S ~ day of December, 1998, the Commissioners Court sitting as
the governing bDdy of Harris County, Texas, at a regular meeting, upon mDtion of
Commissioner .t~.e(SU~ , seconded by Commissioner
L;z. , duly put and carried,
WHEREAS, Section 191.023 ofthe Texas Health and Safety Code (the "Act")
authorizes a municipality with a population of2,500 or more to transfer its duties
regarding the maintenance of birth and death records to the county in which the
municipality is located;
WHEREAS, the City of La Porte (the "City"), which is located within Harris
County, Texas, (the "County") and which has a population of more than 2, 500, has
requested that the duties relating to the maintenance of birth and death records be
transferred to the CDunty; and
WHEREAS, the County Clerk of Harris County has attested in writing that she
has sufficient resources and finances to assume the duties ofthe Local Registrar ofthe
City of La Porte relating to the maintenance of birth and death records, this Attestation
is incorporated by reference for all purposes; and
WHEREAS, the Act requires the County and the City to pass concurring
Resolutions to effectuate the transfer; and
f.
Prosenled 10 Commissioners' Co,,"
DEe 0 1 1998
APPROVE
Recorded Vol_Page_
....,.'............:-.
A CERTlf1ED COpy
ArrEST: O,cCe.II1~Jf!. 03. Iqq~
BEVERLY B. KAUFMAN, COllnty Clerk
Harris C 1II1t}'. Texas
Deputy
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. ..... ........
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PASSED AND ADOPTED this ~r- day of ~c..tl-h~
,1998, by
the Commi.oione" Court om",;. mfl
County Judge
Harris County, Texas
SUBSEQUENTLY PASSED AND ADOPTED this ~ day of
~ 1998, by the City Council ofthe City of La Porte
the Commissioners Court of Harris County, Texas.
....'1
1~'77~h//7~
Norman L. Malone
Mayor
A TIEST:
APPROVED:
~1:J~
Knox W. Askins
City Attorney
f.
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:',:':;::::,>' '::0:.:
A CERTIFIED COpy
A TIEST: f)f?1Ltn&el?.. 03. /r.;qq
BEVERLY B. KAUFMAN, County Clerk
Har..is Counly, Texas
~~~UIY
BLAINE L BLAKEY
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ATIESTATION
COMMISSIONERS COURT-
Gentlemen:
The City of La Porte has requested, pursuant to Section 191.023 of the Texas
Health and Safety Code ("the Act"), that the duties of such City imposed by law relating
to maintenance of Birth and Death Records be transferred to Harris County. As the
Official to whom the local registrar duties relaling to lhe maintenance of birth and death
records from the Cily of La Porle would be transferred, I attest that my Office has
sufficient resources and finances to assume those duties. I request that Commissioners
Court adopt the attached propDsed Joint Resolution and forward it to lhe City of La Porte
for its concurrence as required by the Act.
Sincerely
-15#h~d~
Beverly Ka an
Harris County Clerk
, ,
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. . 'l'-,:' .... . .
.......:;)...."':~
A CERTIFIED COpy
ATIE..c;-r: DlEt~ff)f!:E.f2.. 03, Iqq ~
BEVERLY B. KAUFMAN, County Clerk
~1f ~I,
BLAINE L BLAKEY
. I
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WHEREAS, the terms ofthis Joint Resolution shall constitute the agreement
between the County and the City respecting the procedures for transfer pursuant to the
Act;
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS
COURT OF HARRIS COUNTY, TEXAS, AND CONCURRENTLY ORDERED
BY THE CITY COUNCIL OF THE CITY OF LA PORTE THAT:
Section 1. The Commissioners Court hereby adopts this Resolution to transfer the
duties of the City of.La Porte relating to the maintenance of birth and death records to
the County Clerk of Harris County.
Sectjon 2. The City Council, the governing body, ofthe City hereby adopts this
Resolution to transfer the duties of the City of La Porte relating to the maintenance of
birth and death records to the County Clerk of Harris County.
Section 3. The Commissioners Court and the City agree to adopt this Resolution
as their concurring Resolution.
Section 4. The Commissioners Court and the City Council by adoption of their
concurrent Resolution and Ordinance, hereby transfer effective 12:01 a.m., January I,
1999. the duties of the City of La Porte relating to the maintenance of birth and death
records to the County Clerk of Harris County.
Section 5. Upon passage and adoption ofthis Resolution the County Clerk is
directed to give prompt written notice to the City Secretary ofthe City of La Porte, by
mailing a certified copy ofthis Resolution to the office ofthe City Secretary of the City
t.
of La Porte, P.O..Box 1115 La Porte, Texas 77572-1115.
...-.. .~,,-:-~,,~,,-;
.. . -:....~f).,...:I~.. .
. : '.'::"~::':~:' .:::~
A CERTIFIED COpy
ATrESf: D€~€/l6(.l2..o3, Iqq~
BEVERLY B. KAUFMAN, COUllty Clerk
7l~
BLAINE L BLAKEY
Deputy
BAYTOWN
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HARRIS COUNTY CLERK LOCATIONS
701 W.BAKER
BAYTOWN 281-422-0253
CmMNEY ROCK 6000 CIllMNEY ROCK HOUSTON 713-660-7902
CLAY ROAD
CLEAR LAKE
PASADENA
HUMBLE
16715 CLAY ROAD
HOUSTON 281-859-0685
16603 BUCCANEER
HOUSTON 282-486-7250
107 EAST SHAW
PASADENA 713-473-9048
121 WEST MAIN
HUMBLE 281-540-1173
CVPRESSWOOD 6831 CVPRESSWOOD SPRING
281-379-1057
DOWNTOWN
N. SHEPHERD
SOUTH BELT
1001 PRESTON 4TH FL HOUSTON 713-755-6436
7300 N. SHEPHERD
HOUSTON 713-697-5193
10851 SCARSDALE
HOUSTON 281-464-0115
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RESOLUTION
~@~W
98-18
WHEREAS, The La Porte City Council finds it in the best interest of the citizens
of La Porte that the Harris County Organized Crime and Narcotics Task Force be
operated for the lOth year; and
WHEREAS, La Porte City Council has considered the proposed application for
State and Federal Assistance for said project, in the amount of $3,434,133 to be
submitted to the Office of the Governor, Criminal Justice Division, T.N.C.P.
Program, and!
WHEREAS, La Porte will receive a maximum of $86,597 in Criminal Justice
Division funds for its portion of manpower assigned to said project, and
WHEREAS, La Porte City Council has agreed to provide matching moneys for
the said project in the amount of $28,866, as required by the grant application, and
WHEREAS, La Porte City Council has agreed that in the event of loss or misuse
of the $86,597 in Criminal Justice Division funds, La Porte City Council assures
that the funds will be returned to the Criminal Justice Division in full.
NOW THEREFORE, BE IT RESOLVED that La Porte City Council approves
submission of the grant application for the Harris County Organized Crime and
Narcotics Task Force to the Office of the Governor, Criminal Justice Division,
T.N.C.P. Program in the amount of$3,434,133.
Lm/Jdu..- 1. .J/,!ua/
Ci Clerk
---
/C)1 f
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REO.lT FOR CITY COUNCIL AGENDA L
Agenda Date Requested December 14. 1998
Requested By: Bobby L. powe~partment: Police
_ Report X Resolution
Ordinance
Exhibits: Resolution
SUMMARY &: RECOMMENDATION
We are requesting permission to me a joint grant application with the Criminal Justice division of the
State of Texas, for funding in the amount of $ 3,434,133 for the Harris County Organized Crime and
Narcotics Task Force. Within the adopted budget a total of $ 28,866 in matching funds was allocated
for the Year of 1999-2000 if said joint application is approved.
We believe it to be in our best interests to continue participating in this multi-agency, multi-county
drug enforcement task force.
By approving the attached resolution we agree to accept the responsibility and to adhere to all
pertinent federal, stat~ and local laws and regulations.
Action Required by Council:
The city :file a joint application for a grant with the Criminal Justice Division, for the continuation of the Harris
County Organized Crime and Narcotics Task Force.
Availability of Fonds:
~ General Fund Water /Wastewater
_ Capital Improvement_ General Revenue Sharing
Other
Account Number: 001-5256-521-1001 Funds Available: .x.. YES NO
ADDroved for City Counell A2enda
c:R, ~
Robert T. Herrera Date
City Manager
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REOlsT FOR CITY COUNCIL AG~A ITEM
Agenda Date Requested: December
Requested By: Doug Kneupp
Report
Planning
X Ordinance
Exhibits:
1.
2.
3.
Ordinance
Letter from Planning & Zoning Commission Dated 12-7-98
Memorandum from Doug Kneupper Dated 11-13-98
Summary & Recommendation
State law allows for the delegation of approval responsibility to a City employee for minor
plats. The law states that the City may delegate to an employee of the City the ability to
approve 1) amending plats, and 2) minor plats involving four or fewer lots fronting on an
existing street and not requiring the creation of any new street or the extension of municipal
facilities. However, the designated employee may, for any reason, elect to present the plat to
the Planning and Zoning Commission for their consideration. In addition, the designated
employee shall not disapprove the plat and shall be required to refer any plat, which he
refuses to approve to the Planning and Zoning Commission within the time period specified
elsewhere in the statutes.
On October 15, 1998, the Planning and Zoning Commission unanimously consented to
forward to Council, an amendment to the Development Ordinance, which would allow staff
to approve minor plats as described above. During the October 26, 1998, Council meeting,
the item was tabled and returned to the Commission for them to look into a size of lot or
acreage restriction.
On November 19, 1998, the Planning and Zoning Commission unanimously consented to
forward to Council, an amendment to Development Ordinance 1444 regulating the platting
of land as it relates to minor subdivisions and amending plats. In addition to State law, the
Planning and Zoning Commission recommended the four or fewer lots referenced above be
limited to ten (10) acres or less.
Action Required by Council:
Consider an amendment to Ordinance 1444 regulating the platting of land as it relates to
minor subdivisions and amending plats.
Availability of Funds: N/ A
General Fund
Capil!:al Improvement
Other
Account Number:
Water /W astewater
General Revenue Sharing
Funds Available: Yes
No
Approved for City Council Agenda
~~T.~
Robert T. Herrera
City Manager
\,,- C\ -CIlQ,
Date
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Cv~" rr
ORDINANCE NO. 1444-~
AN ORDINANCE AMENDING ORDINANCE NO. 1444 REGULATING THE PLATTING
OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA PORTE AND
WITHIN THE EXTRATERRITORIAL JURISDICTlpN OF THE CITY OF LA PORTE BY
ADDING NEW SECTION 4.021 MINOR PLATS, AND FURTHER BY AMENDING
SECTION 4.06 AMENDING RECORDED SUBDIVISION PLATS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE
AND A SEVERABILITY CLAUSE; AND 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 hereby finds, determines and
declares that all prerequisites of law have been satisfied, and hereby determines and
declares that the amendments to Ordinance No. 1444, the Development Ordinance of the
City of La Porte, adding new Section 4.021, MINOR PLATS, and amending Section 4.06
AMENDING RECORDED SUBDIVISION PLATS, are desirable and in furtherance of the
goals and objectives stated in the City of La Porte's Comprehensive Plan, and are in
accordance with the authority granted to the City of La Porte in Chapter 212 of the Texas
Local Govt. Code.
Section 2. Section 4.02, DEVELOPMENT, of City of La Porte Ordinance 1444,
is hereby amended by adding a new Section 4.021, MINOR PLATS to read as follows, to-
wit:
"4.021 MINOR PLATS
Minor plats of 10 (ten) acres or less, and involving four (4) or fewer
lots fronting on an existing street and not requiring the creation of
any new street or the extension of municipal facilities may be
approved by the Director of Planning. The Director of Planning
ORDINANCE NO. 1444- -
Page 2
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may, for any reason, elect to present the plat to the Planning
Commission for approval of the plat. The Director of Planning shall
not disapprove the plat and shall refer any plats which are refused
to the Planning Commission within the time parameters as
deloneated in Section 212.009 of the Local Govt. Code."
Section 3. Section 4.06 AMENDING RECORDED SUBDIVISION PLATS, is
hereby amended to read as follows, to-wit:
Section 4.06 AMENDING RECORDED SUBDIVISION PLATS An
Amending Plat may be filed for record in the County map records to
correct dimensional errors, notational errors, other erroneous
information, to add to or delete monuments, or to relocate a lot line
between adjacent lots, as allowed in Section 212.016 of the Texas
Loc211 Government Code, provided:
A. The signed Amending Plat Certificate shown on Enclosure 4
to Appendix D is placed on the face of the Amending Plat;
B. The Planning and Zoning Commission Certificate shown on
Enclosure 4 to Appendix D is placed on the face of the
Amending Plat; and
C. Commission approval of said Amending Plat is reflected by
Commission execution of said certificate.
The Planning Director of the City of La Porte may approve
Amending Plats, and execute Certification of same as set forth
above in lieu of the Planning Commission, as allowed in Section
ORDINANCE NO. 1444-'
Page 3
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212.0065 of the Texas Local Government Code. The Director of
Planning may, for any reason, elect to present the Amending Plat
to the Planning Commission for approval. The Director of Planning
shall not disapprove the Amending Plat and shall refer any plats
which are refused to the Planning Commission within the time
parameters as delineated in Section 212.009 of the Local Govt.
Code. "
Section 4.
All rights or remedies of the City of La Porte, Texas, are expressly
saved as to any and all violations of the Development Ordinance or amendments thereto,
of said City of La Porte, that have accrued at the time of the effective date of this
Ordinance; and as to such accrued violation, the court shall have all the powers that
existed prior to the effective date of this Ordinance; and as to such accrued violation, the
court shall have all the powers that existed prior to the effective date of this Ordinance;
and that all existing violations of previous zoning ordinances which would otherwise
become non-conforming uses under this Ordinance but shall be considered as violations
of this Ordinance in the same manner that they were violations of prior zoning ordinances
of said City of La Porte.
Section 5. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to
be the intention of the City of 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.
ORDINANCE NO. 1444- .
Page 4
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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 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 Govemment 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 become effective fourteen (14) days after its
passage and approval. The City Secretary shall give notice to the passage of the notice
by causing the caption to be published in the official newspaper of the City of La Porte at
least twice within ten (10) days after the passage of the Ordinance.
PASSED AND APPROVED THIS THE lYtuA Y OF j ~ (6.R( ,1998.
CITY OF LA PORTE
By:)1:J~1~~
NORMAN MALONE, Mayor
ORDINANCE NO. 1444-'
Page 5
ATTESTATION:
BY:~11 J.iJJJJ1
M~RTHA GILLETT,
City Secretary
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City of La Porte
Established 1892
December 7, 1998
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
On November 19, 1998, the Planning and Zoning Commission unanimously
consented to forward to Council, an amendment to Development Ordinance
1444. This amendment would allow staff to approve minor plats that involve four
or fewer lots (must be less than 10 acres) that front on an existing street and do
not require the creation of any new street or extension of municipal facilities.
Respectfully Submitted,
~ ctLJ~
Betty . Waters
Planning and Zoning Commission, Chairperson
c: Robert T. Herrera, City Manager
John Joems, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
r.O.Box 1115. LnPorte,Texns77S72.IIIS · (713)471.5020
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Planning
Departnlent
Memo
To: Planning and Zoning commi~on~
From: Doug Kneupper) Planning Diredo .
CC:
Date: 11/13/98
He: Minor Plats
Previously, Commission members have discussed a possible ordinance amendment
allowing staff to approve minor plats (involving four or fewer lots fronting on an
existing street and not requiring the creation of any new street or the extension of
municipal facilities). This item was taken to City Council on October 26, 1998. After
some discussion, the item was tabled and directed back to the Commission to look at
a size of lot Off acreage restriction.
After discussions with Assistant City Manager, John Joerns and Assistant City
Attorney, John Armstrong I am recommending that a 10-aae limit be included in the
proposed ordinance amendment This would require that the entire plat of four or
fewer lots be less than 10 acres. This is a reflection of our existing ordinance that
allows staff approval of a Minor Development Site Plan of less than 10 acres and
requiring Commission approval of Major Development Site Plans over 10 acres.
At the discretion of the Commission, staff can prepare the necessary ordinance
amendments for City Council consideration.
. Page 1
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REoA FOR CITY COUNCIL AGENDA aM
AgaulaDaleRequosled: ~1998
Requested By: S. Gillett ., Department: Public Works
_ Report _ Resolution XXX Ordinance
Exhibits:
Ordinance No 98-2302
Wastewater Treatment Agreement
SUMMARY & RECOMMENDATION'
The City of La Porte currently contracts with Gulf Coast Waste Disposal Authority (Authority) for the treatment of wastewater
from the former Bayshore Municipal Utility District (Bay MUD). The Contract was executed by Bay MUD and the Authority on
]uly 10, 1980, and provides for the treatment of wastewater at the Bayport Wastewater Treatment Plant on Bay Area Blvd.
Current cost is $0.67 per 1,000 gallons. The City of La Porte assumed this contract upon annexation of Bay MUD, and currently
transports 41,949,000 gallons per year, or approximately 115,000 gallons per day to the Plant for treatment Current costs per
year are approximately $28,100.00.
The Authority approached the City several months ago regarding renegotiations of this contract. The Authority was concerned
that the proposed South La Porte Tnmk Sewer would divert flows from the Authority's Plant to La Port's plant. Because the
Authority's plant is biological, and primarily treats industrial waste, the municipal waste generated by La Porte and others is
vital to the operation of their plant and their treatment process.
The Authority has proposed to lower the rate for the first 500,000 gallons from $0.67 to $0.20 per 1,000 gallons. This would
represent an annual rate decrease from the current $28,100 to approximately $8,390. The rate increases $0.20 per 1,000 gallons
for each 200,000 gallons over 500,000, to a top rate of $1.00 per 1,000 gallons for amo\U1ts over 1,000,000 gallons per day.
Additionally, the Authority has agreed to expand the service area beyond the former Bay MUD to include that area bounded by
McCabe Road, Wharton Wheems Blvd, SH 146 and South Broadway (Old Hwy 146). This additional area gives the City of La
Porte increased flexibility to construct, operate and maintain its collection and treatment system.
The proposed Contract is for ten (10) years, with annual cost adjustments based on the Authority's cost to treat wastewater.
Although industry typically sees an annual rate increase, the City of La Porte has not had an increase in four years. Because the
Contract does not require the City to use the Authority for treatment of wastewater, the city may elect to divert flows to its own
treatment facility if rate increases exceeded the City's cost to treat.
ActiOD Required by Council: Approve <>rdinanoo No 98-2302 authorizing the City Manager to execute a oontract with Gulf Coast.
Waste Disposal Authority for the treatment ofwastewater for southern La Porte.
Availability of Funds:
General Fund XX WaterIWastewater
_ Capital Improvemeot_ General Revenue Sharing
Other
Account Number:
FundsAvailable: X YES NO
Approved for Citv Council Afl!eIIda
EX~ l'~ l,-llcl'1<6
Robert T. Herrera Date
City Manager
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ii: .' :: ",,'" i::'" . .
ORDINANCE NO. 98- 23b2
AN ORDINANCE APPROVING AND AUTHORIZING A WASTEWATER TREATMENT
AGREEMENT BETWEEN THE CITY OF LA PORTE AND GULF COAST WASTE
DISPOSAL AUTHORITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT; 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:
Sectio~ 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
ci ty 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.
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ORDINANCE NO. 98- 2302
PAGE 2
PASSED AND APPROVED, this I~day of v~~a~(
, 199
CITY OF LA PORTE
By: JJ;?7/~?~4
Norman L. Malone
Mayor
ATTEST:
__a- 0 ;4d1uA
a ha A. Gillett
City Secretary
APPROm!J5?
~d uJ.
Kn W. Askins
City Attorney
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A RESOLUTION OF THE BOARD OF DIRECTORS OF GULF COAST
WASTE DISPOSAL AUTHORITY AUTHORIZING THE CHAIRMAN TO
EXECUTE AND THE SECRETARY TO ATTEST. RESPECTIVELY, A
WASTEWATER TREATMENT AGREEMENT, BY AND BETWEEN THE
AUTHORITY AND THE CITY OF lAPORTE, TEXAS.
.
.
.
.
.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF GULF COAST WASTE
DISPOSAL AUTHORITY:
Section 1.
That the Chainnan and the Secretary of the Board be, and they are hereby,
authorized and directed to execute and attest, respectively, a Wastewater Treatment Agreement,
by and between the Authority and the City of LaPorte, Texas, for treatment of the City's
wastewater at the Authority's Bayport Wastewater Treatment Plant. A copy of such Agreement
is attached hereto and made a part hereof for all purposes.
PASSED, APPROVED, AND RESOLVED this 11- day of
, 1999.
John Wildenthal, Chairman
Board of Directors
Gulf Coast Waste Disposal Authority
ATTEST:
~ ~Ol.
Sam Dell'Olio, Secretary
Board of Directors
Gulf Coast Waste Disposal Authority
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WASTEWATER TREATMENT
AGREEMENT
THE STATE OF TEXAS
COUNTY OF HARRIS
~
~
~
KNOW ALL MEN BY THESE PRESENTS:
This Agreement ("Agreement") is made and entered into this { q ~ day of
rlA AA IlA M...u /411
~ ~ by and between GULF COAST WASTE DISPOSAL AUTHORITY
("Authority"), a governmental agency and body politic and corporate of the State of Texas,
created as a conservation and reclamation district pursuant to Article XVI, Section 59 of the
..
Constitution of Texas by Chapter 409, Acts of 61st Legislature of the State of Texas, Regular
Session, 1969, as amended (originally codified as Article 7621d-2, Vernon's Texas Statutes), and
the CITY OF LAPORTE ("City"), a home rule municipal corporation of the State ~fTexas.
WIT N E SSE T H:
WHEREAS, Authority owns and operates the Bayport Wastewater Treatment Plant
("Plant") located at 10800 Bay Area Boulevard in Pasadena, Texas~ and
WHEREAS, City desires to transport domestic sewage to the Plant for treatment; and
WHEREAS, Authority is willing to treat such domestic sewage and discharge the treated
effiuent resulting therefrom on the tenns and conditions set forth in this Agreement.
NOW, THEREFO)ffi, in consideration of these premises, the mutual covenants herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged by all parties hereto, Authority and City have agreed, and do hereby agree,
as follows:
GCA\LaPORT.WT AFINAU12l07198
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I.
Treatment of Wastewater
Section 1.01, The wastewater City collects and transports to Authority's Plant shall be
normal domestic sewage or normal municipal wastewater ("Domestic SewagelMunicipal Waste"),
which means a combination of the water-carried wastes from residences, businesses, and buildings
and institutions, together with such infiltration water as may be present. All such wastewater shall
be acceptable for biological treatment and shall comply with and meet such limits on physical and
chemical parameters as Authority shall establish as is necessary to ensure compliance with its
permit obligations, protection of its treatment facility, .~and protection of its ability to provide
wastewater treatment services to the other customers served by the Plant. The initial parameters
for such wastewater are set forth in Exhibit "A," attached hereto and made a part hereof for all
purposes. City acknowledges that Exhibit "A" may be amended, supplemented or modified by
Authority from time to time to meet the requirements of the Texas Natural Resource
Conservation Commission, the Environmental Protection Agency or any governmental entity or
agency having authority over the Plant. In the event City discharges wastewater through the
Point of Delivery that exceeds the parameters established herein, including Exhibit "A:' as it may
be amended from time to time, Authority shall immediately notify City of such noncompliance.
Upon receipt of such notice, City shall take immediate action to determine the identity of the
offending originator and require the offending originator to cease discharging such wastewater.
Section 1.02. City shall transport its Domestic SewagelMunicipal Waste to the Point of
Delivery identified on Exhibit "B," .attached hereto and made part hereof for all purposes, at
which point Authority shall assume control of the Domestic SewagelMunicipal Waste and treat it
at the Plant prior to the discharge of effluent. Authority shall discharge the effluent in compliance
GCA\LaPORT.WT A.FlNAUlY07198
2
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with all applicable rules, regulations, and laws of the United States, the State of Texas, and any
other governmental or regulatory agency having jurisdiction.
Section 1.03. Authority shall accept from City the flow of Domestic Sewage/Municipal
Waste collected and transported by the City's Sanitary Sewage Collection and Transportation
Facilities described and defined in Exhibit "C" attached hereto and made a part hereof for all
purposes.
Section 1.04. City agrees to reimburse Authority for any fine or penalty assessed against
or imposed upon the Authority by any governmental agency having jurisdiction, to the extent that
City's failure to comply with the provisions contained in.,.section 1.01 above, or other violation of
this Agreement, proximately caused the assessment or imposition of the fine or penalty.
Whenever a governmental agency having jurisdiction takes any action against Authority that may
result in City's obligation to reimburse the Authority under the provisions of this Section,
Authority shall promptly notify City of such action and City shall have the right, at its own cost
and expense, to participate in the defense of such action. In the event Authority and City cannot
agree on whether the City's failure to comply with Section 1.01, or any other violation of this
Agreement caused the assessment or imposition of the fine or penalty, the matter may, if agreed to
by the Authority and the City, be submitted to arbitration pursuant to Section 4.01.
Section 1.05. If City delivers wastewater through the Point of Delivery that exceeds the
parameters established under Section 1.01 and such wastewater causes damage to the Plant or an
inability to process all of the wastewater and discharge the treated effluent in accordance with
Authority's Permits, City shall pay one hundred percent (100%) of all costs and expenses incurred
by Authority to repair any such damage and any other cost and expense incurred by Authority
associated with the treatment and disposal of such wastewater.
OCA\LaPORT. WI'AFINAU12l07198
3
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n.
Term
Section ~.O1. This Agreement shall remain in full force and effect for a period often (10)
years, commencing on the effective date hereof and terminating at midnight immediately
preceding the ten-year anniversary date hereof. Such Agreement shall be extended only upon the
written consent and approval of the parties; provided, however, notwithstanding any other
provision herein to the contrary, this Agreement shall become null and void upon the expiration of
Environmental Protection .Agency NPDES Permit No. TX0005380 or Texas Natural Resource
Conservation Commission Permit No. 01054, unless nefessary permit extensions by appropriate
regulatory agen<;ies are obtained.
ID.
Pavment hv Citv
Section 3.un. For and in consideration of the services to be rendered and the expenses to
be incurred by Authority pursuant to the tenns and conditions of this Agreement, City agrees to
pay Authority on a monthly basis at the rate of $0.20 per one thousand gallons of Domestic
SewagelMunicipal Waste delivered by City and treated by Aut~ority for flows of 500,000 gallons
per day or less, $0.40 per one thousand gallons of Domestic Sewage/Municipal Waste delivered
by City and treated by Authority for flows of 500,001 to 600,000 gallons per day, $0.60 per one
thousand gallons of Domestic Sewage/Municipal Waste delivered by City and treated by
Authority for flows of 600,001 to 800,000 gallons per day, $0.80 per one thousand gallons of
Domestic Sewage/Municipal Waste delivered by City and treated by Authority for flows of
800,001 to 1,000,000 gallons per day, and $1.00 per one thousand gallons of Domestic
Sewage/Municipal Waste delivered by City and treated by Authority for flows of over 1,000,000
GCA\LaPORT.WT AFlNAU12l07198
4
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gallons per day. Authority shall meter the Domestic SewagelMunicipal Waste delivered by City to
determine the volume treated.
Authority shall have the right to increase the rates set forth in this Section by the average
percentage increase applicable to the rates of industrial customers of the Authority at the Plant, as
reflected in any future amendment to the Authority's Order Setting Rates and Charges for Users
of the Bayport System.
Section 3.02. Authority shall, on or before the fifteenth (15th) day of each month, submit
to City its invoice reflecting the amount due for the preceding month's operations. Such invoice
shall be due and payable by City within thirty (30) day~ from the date of invoice. In the event
there is a bona fide dispute as to any invoiced amounts, City must notify Authority in writing
within fifteen (15) days of the date of such invoice. The notice shall specifically identify the
item(s) and amount(s) of the invoice in dispute and the basis thereof City shall nevertheless
timely pay the total amount that is not in dispute. After the expiration of thirty (30) days from the
date of the invoice, the unpaid amount of such invoice, less any amount that has been properly
disputed as provided in this Sectio~, shall accrue. interest at a rate of seven and one-half percent
(7-1/2%) per annum until paid in full. All disputes regarding invoiced amounts that are not settled
by the parties within sixty (60) days of the date of the invoice may, if agreed to by the Authority
and the City, be submitted to arbitration pursuant to Section 4.01.
IV.
Arbitration
Section 4,01. The parties agree to use best efforts to resolve disputes that might arise
under this Agreement. In the event a dispute is not resolved between the parties, and the
Authority and the City agree that the dispute be arbitrated, it shall be promptly submitted to an
GCA\LaPORT. WT AFlNAU12l07l98
5
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arbitrator mutually agreed to by Authority and City. Such arbitrator shall proceed to resolve the
dispute submitted to him pursuant to the tenns of this Article and in accordance with the
procedures established by the Texas General Arbitration Act, Article 224, et seq., Vernon's Texas
Civil Statutes Annotated (Vernon Supp. 1998), (the "Arbitration Act"). If the parties cannot
agree on a single arbitrator, the parties shall settle the matter by selection of an arbitrator pursuant
to the procedures established by the Texas Arbitration Act.
Section 4.02. The provisions of this Article are subject to and shall not be construed as
attempting to exclude the jurisdiction of the Texas Natural Resource Conservation Commission or
any other governmental regulatory authority to arbitrate,~or settle disputes, hold hearings or enter
orders relating to the subject matter of this Agreement.
~
Miscellaneous Provisions
Section 5.01. City shall construct, own, operate and maintain Sanitary Sewage Collection
and Transportation Facilities including, but not limited to, a Lift Station and a Pipeline, and all
other works necessary for the collection and transportation of its DSIMS to the Point of Delivery.
The Sanitary Sewage Collection and Transportation Facilities, including the Pipeline, are more
particularly described in Exhibit "C," attached hereto and made a part hereof. It is specifically
understood and agreed, unless otherwise expressly provided herein, that all capital costs and all
operation and maintenance expenses associated with City's Sanitary Sewage Collection and
Transportation Facilities, shall be and shall remain the sole responsibility of City. City agrees to
(a) maintain all its Sanitary Sewage Collection and Transportation Facilities and to repair
promptly any breaks therein so as to prevent the entry of surface or ground water, sand, or other
foreign materials; (b) adopt and enforce rules and regulations to ensure that connections to its
GCA\LaPORT.WTAFINAU12l07198
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Sanitary Sewage Collection and Transportation Facilities will not allow the discharge into said
facilities of anything prohibited by the provisions hereof and, in particular, but without limitation,
that no drains shall be installed or connected in such a manner that any rain water or other surface
waters are permitted to enter its facilities, and that adequate safeguards will be taken to prevent
any abnormal seepage or discharge of any solid matter into said facilities or any abnormal
infiltration thereof from water leaking into the facilities through defective joints, breaks in pipes,
or porous walls; and (c) without prejudice to any rights or remedies which the Authority might
otherwise have for the enforcemen~ of this Agreement, and to require compliance with the terms
hereof, City covenants that it will exercise any powers w~ch it now has, or which it may hereafter
have, when reasonably necessary to accomplish compliance with the foregoing.
Section 5.02. City hereby covenants and agrees that it will: (a) establish, maintain, and
from time to time, lf necessary, adjust the rates, fees, and charges for the service provided by its
sanitary sewage system or combined waterworks and sanitary sewage systems; and/or (b) assess,
levy, and collect taxes upon all taxable property within the City in whatever amount may be
necessary to pay the obligations of City hereunder and all such other expenses or costs of
operating and maintaining such systems.
Section 5,03. In the event either party is rendered unable, either wholly or in part, by
force majeure to carry out its obligations under this Agreement, excluding the obligation to make
payments hereunder, it is agreed that such party shali give immediate written notice of such force
majeure to the other party, whereupon the party whose contractual obligations are affected by
force majeure shall be relieved of its obligations and responsibilities so far as they are affected by
force majeure during the continuance of any inability so caused, but for no longer period. The
term "force majeure" as used herein shall include, without limitation of the generality thereof, acts
CiCA\LaPORT. WT AFINAU12l07l98
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of God, acts of the public enemy, orders of any kind of the government of the United States or the
State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides,
lightning, earthquakes, fires, hurricanes, stonns, floods, washouts, droughts, arrests, restraints of
government and people, civil disturbances, explosions, or any other inability of either party,
whether similar to those enumerated or otherwise, which is not within the control of the party
claiming such inability, which such party could riot have avoided by exercise of due diligence and
care.
Section 5.04. This Agreement is subject to all applicable rules, regulations, and laws of
the United States, State of Tex~s, or any governmental pr regulatory agency having jurisdiction.
Authority agrees that it will exercise all reasonable diligence to insure the operation and
maintenance of the Plant is in full and complete compliance with all laws, rules, regulations and
orders of federal, state, or local government or any agency or subdivision thereof having
jurisdiction. and authority over the manner and method in which the Plant is operated and
maintained.
Section 5.05. City shall have access during Authority's regular business hours to inspect
the records of Authority as to the rates established hereunder, the testing and metering of City's
wastewaters, compliance with physical and chemical parameters, and other matters related to the
rights and obligations of the parties under the tenns of this Agreement.
Section 5,06, No waiver or waivers of any breach or default by any party hereto of any
term, covenant, condition or liability hereunder, or the perfonnance by any party of any duty or
obligations hereunder, shall be deemed or construed to be a waiver of subsequent breaches or
defaults of any kindl, under any circumstances.
GCA\LaPORT.wr AFtNAU12l07/98
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Section 5.07. Unless otherwise provided in this Agreement, any notice, communication,
reply or advice herein provided or pennitted to be given, made or accepted by either party to the
other must be in writing and may be given or be served by depositing same in the United States
mail, postage prepaid and certified mail, return receipt requested, and addressed to the party to be
notified, by facsimile with confrrming copy sent by mail, or by personally delivering same to an
office of such party. Notice given in any other manner shall be effective only if and when received
by the party to be notified.
For all purposes of notice, the addresses of the parties shall, until changed as hereinafter
provided, be ~ follows:
t'
To Authorit,y:
To Cit,y:
Gulf Coast Waste Disposal Authority
910 Bay Area Boulevard
Houston, Texas 77058
Attention: General Manager
City of LaPorte
604 West Fainnont Parkway
LaPorte, Texas 77571
Attention: City Manager
The parties shall have the right from time to time and at any time to change their
respective addresses and each shall have the right to specify as its address any other address by at
least fifteen (15) days written notice to the other party.
Section 5.08. This Agreement shall be subject to change or modification only in writing
and with the consent of the governing bodies of each of the parties hereto.
Section 5J)9. This Agreement shall bind and benefit Authority and City and their legal
successors, but shall not otherwise be assignable, in whole or in part, by either party except by
supplementary written agreements between the parties.
Section 5.10. This Agreement shall be for the sole and exclusive benefit of Authority and
City and shall not be construed to confer any benefit or right upon any other party or parties.
OCA\LaPORT. wr AFINAU12l07198
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Section 5,11. This Agreement has been executed by City by virtue of action taken
pursuant to a meeting of its governing City Council and by Authority upon and by authority of an
order or resolution passed at a meeting of its Board of Directors. This Agreement constitutes the
entire agreement between the parties relative to the subject matter hereof.
This Agreement may be executed in multiple counterparts, each of which, when so
executed, shall be deemed to be an original.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, as of the date and year first written
above.
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L\STE DISPOSAL
ATTEST:
Sam Dell'Olio, Secretary
Board of Directors
John Wildenthal, Chairman
Board of Directors '
GCA\LaPORT. WTAFlNAlJ12l07198
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ATTEST:
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M a Gillette
City Secretary
APPROVED:
ox W. Askins
City Attorney
GCA\LaPORT. WTAFINAUl2/07198
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CITY OF LA PORTE, TEXAS
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EXHIBIT "A"
Parameters for Domestic SewageIMunicipal Wastewater
The wastewater City collects and transports to Authority's Plant shall be nonnal domestic
sewage or normal municipal wastewater ("Domestic SewagelMunicipal Waste"), which means a
combination of ~he water-carried wastes from residences, businesses, and buildings and
institutions, together with such infiltration water as may be present.
City shall certify annually that no waste from an Industrial User, as defined in the Rule of
the Authority Adopting the Approved Pretreatment Program for the Bayport Facility, as amended,
has been collected or transported in City's Sanitary Sewage Collection and Transportation
Facilities without the express written consent and approval of Authority.
GCA\LaPORT.WTAFINAU12l08198
Delivery
EXHIBIT "B"
Gulf Coast Waste Disposal Authority
City of La Porte Point of
e
state Highway 146
e
The City of La Porte (customer #233) point is the
delivery existing intersection between the La Porte
force main and the GCWDA collection pip
GCWDA-Biosan
Collection Pipe
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EXHIBIT "C"
Cfity's Sanitary Sewage Collection and Transportation Facilities
Description of Service Area
TRACT 1:
The boundaries of the former Bayshore Municipal Utility District, a conservation
and reclamation district which was created and operated under the provisions of
Chapter 50 of the Acts of the 57th Legislature of the State of Texas, Regular
Session, 1961, prior to its annexation and dissolution by the City of La Porte.
TRACT 2:
That parcel of land being bounded on the north by Wharton Weems Boulevard; on
the east by old State Highway 146, also known as South Broadway Street; on the
south by McCabe Road; and on the west by new State Highway 146.
GCA\LaPORT. WT AFlNAU12l08l98
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.UEST FOR CITY COUNCIL AG.A ITEM
Agenda Date Requested: December 14. 1998
TO, L -r-I-"",-,,"
Requested By: Kathy Hutton (QtrCL^^ v
Department: Finance
X Report _ Resolution _ Ordinance
Exhibits: None
SUMMARY & RECOMMENDATION
The City's fiscal year ended September 30, 1998. At that time, there were 40 outstanding purchase orders. The purchase orders
represent goods that were ordered and budgeted funds that were committed to procure items necessary to operate the City. We need to
re-establish these items for the new fiscal year. This action will have no effect on the working capital of the various funds.
A breakdown of the "open" purchase orders by operating fund are as follows:
Fund Number Amount
General Fund 33 $101,058
Utility Fund 3 2,086
Sylvan Beach Fund 2 2,555
Airport Fund 1 3,500
Golf Course Fund ---1 1.100
Total 40 $110,299
A few examples of the "open" purchase orders are: 1) Bunker clothing for Fire Department ordered but not received. 2) Lightbars
and partitions for police vehicles ordered but not received. 3) Sun shades for the wave pool ordered but not received.
The above amendments will not have an impact on the projected working capital balances for the year because they were all projected
to be expended in the last fiscal year.
Action Required by Council:
Instruct the Director of Finance to amend the various operating budgets for outstanding purchase orders.
Availability of Funds:
General Fund
Capital Improvement
VARIOUS Other
W ater/W astewater
General Revenue Sharing
Account Number: VARIOUS
Funds Available: X YES _ NO
Approved for City Council Agenda
~~Tl~
Robert T. Herrera,
City Manager
Date
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A
REOt!T FOR CITY COUNCIL AGENDA 1M
Agenda Date Requested: December 14 1998
Requested By: S. CfIllett~ep.rtmeut: Public Works
XXX Report _ Resolution _ Ordinance
Exhibits:
Bid Tabulation and Bidder's List
SUMMARY & RECOMM-ENDATION
Sealed bids were received on November 30, 1998 for the replacement ofa High Pressure Trailer Mounted Sewer
Cleaner. This equipment is used in the cleaning and maintenance of sanitary and stonn sewers. Bids were sent to
four (4) vendors, with three (3) returning bids.
Low bid was submitted by Kinloch Equipment in the amount of$21,975.00, including trade-in.
Funds are available in the Motor Pool Replacement Fund for this purchase.
Action Required by Council: Award bid for the replacement of a trailer mounted sewer cleaner to Kinloch
Equipment in the amount of$21,975.00.
A vailability of Funds:
General Fund Water/Wastewater
_ Capital Improvemelllt XX Motor Pool
Other
Account Number: 009-7086-532-8050 Funds Available: X YES NO
Approved for City Council Al!enda
~\~
Robert T. Herrera
City Manager
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Date
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SEWER CLEANER BID TABULATION
KINI n,-.w
DESCRIPTION EQUIPMENT UNDERGROUND SRECO-FLEXIBLE
High Pressure Trailer Mounted $21,975.00 $22,400.00 $25,616.60
Sewer Cleaner w/Articulating Reel
Includes Trade-in Includes Trade-in No Trade-in Offered
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BIDDER'S LIST
SEALED BID #0761
TRAILER MOUNTED SEWER CLEANER
WITH ARTICULATING REEL
KINLOCH EQUIPMENT & SUPPLY
PO BOX 636
FRIENDSWOOD, TX 77549
TEXAS ENVIRONMENTAL SUPPLY
PO BOX 4919
PASADENA, TX 77506
UNDERGROUND, INC.
1617 GARDEN ROAD
PEARLAND, TX 77581-8730
SRECO-FLEXIBLE
3434 S. DIXIE HIGHWAY
L1MA,OH 45804
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
BA YSHORE SUN PUBLISH DATES:
NOVEMBER 15, 1998
NOVEMBER 22, 1998
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REoulT FOR CITY COUNCIL AGENDA 1M
Agenda Date Requestec1: December 14 1998
Requested By: s. Gillett ~p.rtment: Public Work,
XXX Report _ Resolution _ Ordinance
Exhibits:
Bid Tabulation and Bidder's List
SUMMARY & RECOMM-ENUATION
Sealed bids were received on November 30, 1998 for Oils, Fluids and Lubricants for use by the Equipment Services
Division. Bids were sent to fourteen (14) vendors, with three (3) returning bids.
The only vendor to bid on all items was O'Rourke Petroleum, for a total annual cost of23,993.60. This represents
a 5% increase over last year's pricing.
Funds are available in the Equipment Services Division operating budget for this contract.
Action Required by Council: Award bids for Oils, Fluids and Lubricants to O'Rourke Petroleum for an estimated
annual amount of$23,993.60.
Availability of Funds:
General Fund_ WaterlWastewater
_ Capital Improvement XX Motor Pool
Other
Account Number: 024-7074-534-2040 Funds Available: X YES NO
Avvroved for City Council A2:enda
G?~ T. ~ \ 'l.''l'' ,\CO
Robert T. Herrera Date
City Manager
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BID TABULATION
OILS, FLUIDS, AND LUBRICANTS
v IHt: HUKI
DESCRIPTION UNIT QTY PETROLEUM COMPANY OIL PATCH
SECTION I
1. Bulk Hydraulic Oil Gal 1200 $2.79 $2.99 $4.59
2. Bulk Motor Oil Gal 1200 $3.07 $2.89 $3,10
3. Bulk Gear Oil Drum 2 $203.50 $204.00 $264.00
4. Bulk Transmission Fluid Gal 600 $3.49 $2.95 $3.27
TOTAL - SECTION I $9,533.00 $9,234.00 $11,718.00
SECTION II
1. Motor Oil Qt 500 $1.06 $1.09 $1.34
2. Antifreeze Gal 450 $3.59 $3.45 $3.76
3. Chassis Grease - Tube Tube 300 $0.89 $0.98 $0.94
4. Transmission Fluid Qt 96 $1.14 $1.19 $1.48
5. Wheel Bearing Grease Tub 100 $2.39 $1.25 $0.95
TOTAL - SECTION /I $2,760.94 $2,630.74 $2,881.08
SECTION III
1. Oil dry Bag 100 $2.85 $3.85 NO BID
2. Windshield Washer Gal 136 $1.25 $1.24 NOBID
3. Penetrating Oil Can 120 $2.16 $2.07 NOBID
4. Carburetor Cleaner Can 120 $1.98 $2.06 NOBID
5. Power Steering Fluid Can 144 $1.24 $0.69 NO BID
6. Brake Parts Cleaner Can 120 $3.59 $1.89 NOBID
7. Freon - R12 Cyl 20 $498.00 No Bid NOBID
8. Hand Cleaner Cont 30 $5.95 $9.45 NOBID
TOTAL - SECTION III $11,699.66 $1,658.90 NO BID
GRAND TOTAL $23,993.60 $13,523.64 $14,599.08
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BIDDER'S LIST
SEALED BID #0754
FLUIDS, OILS & LUBRICANTS
APACHE OIL COMPANY
P.O. BOX 177
PASADENA, TX 77501
A TTN: CHUCK BECKER
(281) 487-5400
COMMERCIAL LUBRICANTS
P.O. BOX 6366
PASADENA, TX 77501
ATTN: BILL TUMMINS
(281) 477-4455
H & W PETROLEUM COMPANY
9617 WALLlSVILLE RD
HOUSTON, TX 77013
ATTN: DOUG HAUGH
(713) 672-0893
JONES OIL
4828 N. SHEPHERD RD
HOUSTON, TX 77018
ATTN: BRAD RATLIFF
(713) 694-2329
O'ROURKE PETROLEUM PRODUCTS
223 McCARTY
HOUSTON, TX 77018
A TIN: ERIC
(713) 672-9666
THOMAS PETROLEUM INC
P.O. BOX 659
WINNIE, TX 77665
ATTN: VICKI HOFFPAUIR
ANGEL'S OIL COMPANY
P.O. BOX 1398
LA PORTE, TX 77572
ATTN: BRUCE ANGEL
(281) 471-2761
DAP DISTRIBUTING
5020 EAST ROAD
BAYTOWN, TX 77521
ATTN: BRENDA
(281) 421-4900
O'REILLY AUTO SUPPLY
1010 S. BROADWAY
LA PORTE, TX 77571
ATTN; ROBERT HILLMAN
(281) 470-2288
OIL PATCH BROZOS VALLEY
P.O. BOX 456
FREEPORT, TX 77542-0456
ATTN: JANET FARQUHARSON
(409) 239-3835
SPECIALTY OIL
5750 CAMPBELL RD
HOUSTON, TX 77041
ATIN: RANDY KNOX
(281) 462-5699
VALVOLlNE INC
P.O. BOX 891
DEER PARK, TX 77536
ATTN: TRACY O'DELL
THE HART COMPANY
P.O.BOX 14030
HOUSTON, TX 77221
ATTN: DENNIS ALBERSON
(713) 747-7411
BAYSHORE SUN PUBLISH DATES:
NOVEMBER 1, 1998
NOVEMBER 8, 1998
PRECISION INDUSTRIES
818 WEST 13TH STREET
DEER PARK, TX 77536
ATTN: MARK WHITMORE
(281) 478-5077
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
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REOUE'T FOR CITY COUNCIL AGENDA 11M
Agenda Date Requested: 12/14/98
Requested By: 1. L. Sease ffDepa..tment: Fire
X Report _ JRes~ution _ Ordinance
Exhibits:
Bidder List
Bid Tabulation Sheet
Memo From Susan Kelly, Purchasing Agent
SUMMARY & RECOMMENDATION
Advertised, Sealed Bids #0759 - Ambulance were opened on November 30, 1998. Bid requests were mailed to
eight (8) vendors, with three (3) returning a bid. This unit will replace Unit 5914 a 1994 model with 74,240 miles
on it.
The low bid meeting specifications was submitted by Frazer Ambulance of Houston, Texas in the amount of
$84,350.00 with a $5,000.00 trade in allowed for Unit 5914. Funding is available in the amount of$82,660.00.
This unit is a change for us in that, the Box electrical system including air conditioning, being supplied by an
onboard generator, instead of the vehicle engine. These units are used extensively by agencies in the area, including
Houston and Deer Park. With the supplier being a local company parts and assistance will be readily available.
Action Required by CouDlcil: Recommend that Council approve awarding the bid to Frazer Ambulance in the
amount of$79,350.00. This is the bid amount of$84,350.00 less $5000.00 for the trade in of Unit 5914.
Availability of Funds:
General Fund_ WaterAVastewater
_ Capital Imp.'ovemeDlt_ General Revenue Sharing
X Other - Vehicle Replacement
Account Number: 009-5059-522-8050
Funds Available: X YES NO
Approved for City Council Ae:enda
cx~ T: \~
Robert T. Herrera
City Manager
}O er -'U
Date
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BIDDER'S LIST
SEALED BID #0759 - AMBULANCE
AA EMERGENCY AMBULANCE
PO BOX 920952, SUITE 402
HOUSTON, TX 77292-0952
BOARDMAN EMERGENCY VEHICLES
2300 SOUTH THIRTEENTH STREET
CLINTON, OK 73601
FRAZIER AMBULANCES
PO BOX 741369
HOUSTON, TX 77274
METROPLEX PUBLIC SAFETY EQUIP
301 E. VIRGINIA
McKINNEY, TX 75069
RELIABLE EMERGENCY VEHICLES
303 INDUSTRIAL BLVD
COMANCHE, TX 76442
RICHARDS AND CLARKE, INC.
PO BOX 80046
BATON ROUGE, LA 70898
SAN ANTONIO AMBULANCE SALES INC.
14035 DUBLIN SQUARE
SAN ANTONIO, TX 78217
WHEELED COACH
202 SENTRY DRIVE
MANSFIELD, TX 76063
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
NOVEMBER 15, 1998
NOVEMBER 22, 1998
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AMBULANCE BID TABULATION
~ ".....
DESCRIPTION FRAZER, INC. A.A. EMERGENCY AMBULANCE
AMBULANCE $84,350.00 $89,819.00 NOBID
Less Trade-in $5,000.00 $9,000.00
Professional Ambulance submitted an alternate bid for 1997 and 1998
ambulances which did not meet specifications.
TOTAL I $79,350.00 I $80,819.00 I NO BID
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
DECEMBER 2, 1998
FROM:
CHIEF JOE SEASE, FIRE CHIEF
SUSAN KELLEY, PURCHASING MANAGER
SEALED BID #0759 - AMBULANCE
TO:
SUBJ:
Advertised, sealed bids #0759 - Ambulance were opened and read on November 30,
1998. Bid requests were mailed to eight (8) vendors with three (3) returning bids.
Copies of the bids are attached for your review.
Please submit your recommendation with an agenda request form by the prescribed time
before the next regular council meeting. If there is a need to delay bringing this bid before
council, please notify me.
Attachment: Bid Tabulation
Bidder's List
Bid Copies
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CITY OF LA PORTE
e
Interoffice Memorandum
TO: Mayor and Council
Robert T. Herrera. City Manag r
FROM: John Joems, Assistant City Ma
SUBJECT: Support of HGAClMetropolitan PI
Applications for TEA-21 Grants
DATE: December 9. 1998
On November 17. 1998. TXDOT notified all Metropolitan Planning Organizations of a U.S.
Department of Transportation notice soliciting grant applications for the TEA-21 National
Corridor Planning and Development Program.
Individual applications were due to TXDOT by December 4th for submission to the Federal
Highway Administration by January 4, 1999.
Under the signature of Robert Eckels (letter attached) our local Metropolitan Planning
Organization has submitted two applications for consideration. The first one requests funds
for strategic planning through the Southeast Texas 1-69 Corridor Management and
Development Plan. The second application requests funding for three key grade
separations on US59/1-69 in Harris and Montgomery Counties.
At the December"fd' Technical Advisory Committee meeting members were asked to have
their organizations consider letters of support for these two applications. Unfortunately.
because of the short time frame. letters of support are due by December 17. 1998.
With Council's approval and direction staff will prepare a letter of support for the Mayor's
signature.
xc: Jeff Litchfierd. Assistant City Manager
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T AC Agenda Item 11
J.\IIeeting - 12J07/98
ROBERT ECKELS
COUNTY.JUCGE
December 4. 1998
Mr. Jack Faster. P.E.
Tr.mspcnatian P10uming and. Programming Division
Taas D~amnent afTransporI3Iion
]25 Eo 11 Slreet
Austin. Te:w 78701-2';83
.RE~ Naticma1 Corridor Planning and Development Prcg:t'31J1
Dear Mr. Foster:
.
TIle Houston-c'3lveston region plays 3. enticl role in inlcr-..alional tr<1de between the United Scates, Me.~co
and Canada. Bec:wse of the Houslon.Galvcston area' 5 SUQtegie lOC:lIion in soume:m Te..~ and its key pan
facilities alang the Gulf ofMe.'\ico, our region is a DaIiooa11Wcl1pin 1in1cing the flow of goods to and from
the United Slates ando,l..1tiD. Americ..
~ the growth in in1crnauanat uadc becomes inc::'e3Singly imporum La both the Tc.'ClS and n.'1tional
economics, so bas lhe importance cfneeded improvements lo ourr:gion's transportation infr3suucrure
sen-ieing this '1rit:1l flow of good~ Tne developmeIlt of th= i-69 comdcr, both I13Liamlly and in the
HOUSlon-Galvc:stcD n:gion. is crirical to sustaining :future tr.1dc growth among the nations of the Western
Hc:misphC"t:.
TIlis Iem:rreques"~ the suppon of the: Te.'W1S Dc:pilrtm~r of7ran.sporurion:md the U. S. Dcp:uunc:nt of
Tcnsportauon for two key actions under the 1EA-21 Nauon:ll Corridor PL"1nning and Development
Program (NC?D). Sc:aion 1118. TIlL: fust of UICSC wiiI support str.itegic planning through the: Sout.l1r.::1St
Tc.--as 1-69 Corridor M:mag:ment and Dc:-.'clopmc:nt Plan. The compaIlion :Ipplie:nien requests fWlding fer
the implementation oflhrc: key grade separations ou US 5~1l-69 in H,w.is ilnd Momgome:-f Counties. The
lhr~ gr.ldc: separation projects are re:Jdy for C:ODS"..:uc:tion ;i..'ld would leverage rur:ding eommionems already
Inc"1dc by the re~on" S ~!eU'opoliIJ.U. ?!:mning Org~cn und th:: Srz.te of T e,,::lS.
For your re':iew, pIC3Sc Lind H.GAC's Sc:;ction 1118 applic:ltien atuc:h::d.. .l!you Il.3.vc 3I1y questions
Il:garding LItis ~11bmission. please fed. free to cont.'lcr Mr. l\lan Oark. ~(FO Dire::tor. at (713) 627-3200.
Sinc::rely,
Ci2~..t; ~
.
Rob::rt E::kels
Ch.:linnan
TliUlspol".:ltion Polic"! Council
Arnlehmems
RAE/RH/c:::
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MEETING HANDOUTS
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Inter-Office Memorandum
.~.
To:
Mayor and City Council
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From:
Robert T. Herrera, City Manager
G(r~
City Planner
Subject:
Date:
December 8, 1998
c:
John Joerns, Assistant City Manager
The City's Planning Director, Doug Kneupper, has interviewed and hired an
individual to fill the recently created position of City Planner. The successful
candidate is Mr. Masood Malik. As demonstrated on the attached resume,
Masood comes to us with several years of planning experience with the
Multan Development Authority. Multan is a major city in Pakistan. Also,
Masood worked with Arlington County, Virginia as a Planning Intern while he
attended the University of the District of Columbia and received his Masters
Degree.
Masood is eager to get involved with the multitude of planning related
projects that are currently underway and we are very excited to have
Masood as part of our team.
"
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Masood Malik
280 Uvalde #269
Houston, TX 77015
(713) 330-3820
,/
Objective
Education
A challenging positions, which would integrate my academic qualifications and practical
experience and utilize my commitment to excellence.
Experience
1992-1997
University of the District of Columbia, Washington, DC.
M.S. Urban and 'Regional Planning, 1992
UniversitY oftbe Engineering ,and Technology, Lahore.
B.Sc. City ~d Regi.c:inal Planning, 1983;
/
"--...-- -'.
Plalllner
Mu!tan Development Authority
)- Assi3ted in developing, identifying and managing the completion of projects that address
issues regarding land use ~ zoning, traffic management, street improvements, and other
planning issues.
)- Responsible for analyzing, developing and implementing plans that promotes
environmentally sound community & economic development plans.
)- Experience in working with citizens, citizen groups and developers on urban design studies
involving public participation.
1990-1992 Planning Intern
Arlington County, Virginia.
)- Assisted in the application of transit mode analysis models used in transportation planning.
> Assisted in.the development and implementation of the Community Development Block
Grant program.
> Conducted environmental review of community improvement plans.
)- Provided planning assistance at various stages of the plan development.
)- Preparation and presentation of reports to the Advisory Committees, Planning Commission,
and County Board.
1984-1987 Assistant Director (Development Control) .
Mullan Denlopment Autbority
> Conducted site inspections, document and prepare reports on the status of zoning enforcement
activities.
> Processed zoning inspection penn its, review applications for zoning compliance, subdivision
regulations, and site development plans.
> Reviewed plans, building pennits and certificates of occupancy applications to ensure their
compliance with regulations, height, density, placement requirements and parking ratio.
~ Provided information to the public on the ways of developing or using property to comply ,
with the zoning ordinance and land use regulations.
Skills
DOS, Windows 3.11, Windows 95, MS Office, Windows NT, Macwrite, Lotus 123,
Quatro Pro, Harvard Graphics, Basi.c Statistical Analysis, Transit Network Development
Models, and Autocad.
.....
Date:
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Name:
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Address: ~,<6 ~f\~ CO LO hJ ~ C-, ~.
City, State, Zip: LA, ? D <f\ '\~ IV 1/ S l I
Subject on which I wish to speak:
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City of La Porte
Established 1892
December 15, 1998
Mr. Ronald 1. Neighbors
The Subsidence District
1660 West Bay Area Blvd.
Friendswood, Texas 77546-2640
Dear Mr. Neighbors:
Please be advised the City of La Porte wishes to reappoint 10di (Bobo) Norris for a two-year term as
outlined in your letter dated December 10, 1998.
If you have any questions regarding this matter, please feel free to contact me at (281) 471-5020 en 221.
Sin.~ly,
Jft/ft?- /7lf~
,Mayor Norman L. Malone
NLMlmg
P I '~ " ': I : : ~ . ! .1 Po n ~. T ...'X:.1S ., - :' - ~ - 1 I I.:' . I ~ ~ II j 7 1 - ~, ':"
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THE
Supsidence
DISTRICT
December 10, 1998
The Honorable Nonnan Malone
Mayor
City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
Dear Mayor Malone:
As General Manager of the District, it is my responsibility to notify you that the term of office of
Jodi (Bobo) Norris will expire on January 31, 1999. The appointment is to be made by the
Mayors of the Cities of Deer Park, Galena Park, La Porte, Nassau Bay, Seabrook and the
President of the Clear Lake Water Authority. Ms. Norris may be reappointed for a two-year
term. All members appointed to the Board must be residents of and qualified voters in the
District.
Your selection of a director should be made by Monday, January 11, 1999. It is requested that
you send me your letter designating your selection.
Your interest in and support of the Subsidence District has been of great value to the District, and
I look forward to working with you and your staff in 1999. Please contact me if you have any
questions concerning the Board appointment.
\
Sincerely yours,
Ronald 1. Neighbors
General Manager
RJN/al
! .
. I
... - .. .,
HARRIS-GALVESTON
COASTAL SUBSIDENCE DISTRICT
281-486-1105
FAX 281-488-6510
pOSlmasler@hgcsd,dSI.IX.us
1660 WEST BAY AREA BOULEVARD
FR/ENDSWOOD. TEXAS 77546-2640
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