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HomeMy WebLinkAbout1999-12-13 Regular Meeting, Workshop Meeting, and Public Hearing e e e e MINUTES OF T.l1J!, REGULAR MEETING, WORKSHOP MEETING, AND PUBLIC HEARING OF LA PORTE CITY COUNCIL DECEMBER 13, 1999 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members ofCitv Council Present: Councilpersons Guy Sutherland, Chuck Engelken, Howard Ebow, Peter Griffiths, Deotis Gay, Charlie Young, Jerry Clarke, and Mayor Norman Malone. Members of Council Absent: Councilman Porter. Members of Citv Executive Staff and Citv Emolovees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, Assistant City Manager John Joems, City Secretary Martha Gillett, Director of Public Works Steve Gillett, Director of Parks and Recreation Steven Barr, Director of Planning Doug Kneupper, Director of Administrative Services Louis Rigby, Assistant Chief of Police Aaron Corrales, Fire Chief Joe Sease, City Planner Masood Malik, Accounting Manager Kathy Hutton, Fire Marshal Paul Hickenbottom, Assistant Finance Director Cynthia Alexander, Administrative Assistant Carol Buttler, and Purchasing Agent Susan Kelley. Others Present: Spero Pomonis, Bill Hall, Karl Paulissen, Toby Kroeger, Mike Mosteit, Jean Young, Colleen Hicks, and a number of citizens. 2. Councilman Peter Griffiths delivered the Invocation. 3. Council considered approving the minutes of the Regular Meeting on November 22, 1999. Motion was made bv Counciloerson Clarke to aoorove the minutes of the Rel!Ular Meeting: as oresented. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Clarke, and Mayor Malone Nays: None Abstain: None Councilman Young was not present when the vote was taken. 4. PETITIONS, REMONSTRANCES, COMMUNlCA TIONS, AND CITIZENS AND T AXPA YERS WISHING TO ADDRESS COUNCIL. Toby Kroeger - 10030 Antrim Lane - Speed Hump complaint. Due to traffic study, city will not install speed hump on his street. - Requesting the City to re-evaluate the speed hump policy due to the number of small children on his street. 5. Open Public Hearing - Mayor Malone opened the Public Hearing at 6: 1 0 PM. e . City Council Minutes - December 13, 1999 - Page 2 Review by Staff - Director of Planning Doug Kneupper presented summary and recommendation outlining rezoning Lot 109, Block 8, Spencer Highway Estates from Low Density Residential (R-l) to General Commercial (GC). Mr. Kneupper noted that the Planning and Zoning Commission unanimously approved the request. Public Input - Frank Pickens - 102 Eastway, Galena Park, Texas 77547 addressed the Council to support this request. Recommendation of Staff - To approve rezoning of Lot 109, Block 8, Spencer Highway estates from Low Density Residential (R-l) to General Commercial (GC). Close Public Hearing - Mayor Malone closed the Public Hearing at 6:21 PM. 6. Council considered approving an ordinance amending ordinance number 1501, more commonly referred to as the Zoning Ordinance, by changing classification of that certain parcel of land herein described. Director of Planning Doug Kneupper presented summary and recommendations and answered questions for City Council. City Attorney read: ORDINANCE I 051-GG - AN ORDINANCE AMENDING ORDINANCE NO. 1501, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICA nON OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Counciloerson Sutherland to aoorove the ordinance as oresented bv Mr. Kneuooer. Second by Councilperson Engelken. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Mayor Malone. Nays: None Abstain: None 7. Council received a report concerning the new Library. Administrative Assistant Carol Buttler provided an overview and introduced Bill Hall, Hall/Barnum Architects. Mr. Hall provided Council with an overview of the site plan and answered City Council questions. City Manager Robert T. Herrera reminded City Council the public has been involved throughout this project. City Council advised staff to move forward with the bid process. 8. Council received a report concerning outstanding purchase orders and provided Director of Finance with direction on budget amendments. e e City Council Minutes - December 13, 1999 - Page 3 Accounting Manager Kathy Hutton presented summary and recommendations to City Council. Motion was made bv Counciloerson Emzelken to instruct the Director of Finance to amend the various ooeratimz budl!ets for outstandinl! ourchase orders. Second by Councilperson Griffiths. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Mayor Malone. Nays: None Abstain: None 9. Council received a report concerning Fairmont Parkway expansion and provided staff with direction on city's level of participation in the project. Director of Planning Doug Kneupper presented summary and recommendations to City Council. Mr. Engelken made a motion for staff to continue with 16th street expansion and to negotiate expenditures with Harris County. Second by Councilperson Griffiths. The motion carried unanimously. 10. Council considered approving an ordinance authorizing a contract for the Fairmont Park Baseball complex concrete sidewalk and slab work. Director of Parks and Recreation Steven Barr presented summary and recommendations and answered questions for City Council. City Attorney read: ORDINANCE 99 - 2368 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BROOKS CONCRETE, INC. FOR CONSTRUCTION OF THE F AlRMONT PARK BASEBALL COMPLEX CONCRETE SIDEWALK AND SLAB WORK PROJECT; APPROPRIATING $54,615.76 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Counciloerson Ebow to aoorove the ordinance as oresented bv Mr. Barr. Second by Councilperson Engelken. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Mayor Malone. Nays: None Abstain: None 11. Council considered approving an ordinance amending the retiree medical plan coverage. Director of Administrative Services Louis Rigby presented summary and recommendations and answered questions for City Council. e e City Council Minutes - December 13, 1999 - Page 4 City Attorney read: ORDINANCE 99 - 2369 - AN ORDINANCE ADOPTING AN AMENDMENT TO THE CITY OF LA PORTE PERSONNEL POLICY MANUAL DATED JANUARY 1, 1992, AND THE CITY OF LA PORTE MEDICAL PLAN BY PROVIDING FOR THE TERMS AND CONDITIONS OF RETIREE MEDICAL COVERAGE; PROVIDlNG AN EFFECTIVE DATE OF SAID AMENDMENT; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Counciloerson Griffiths to aoorove the ordinance with the chanl!e that all tiers should read "Deoendent coveral!e shall be charl!ed at the active emolovee rate for deoendents." Second by Councilperson Ebow. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Griffiths, Young, Clarke, and Mayor Malone. Nays: Gay Abstain: None 12. Council considered approving an ordinance authorizing the execution by the City of La Porte of an Industrial district Agreement with Dolima Properties, L.P., for the term commencing January 1, 1999 and ending December 31,2000. Director of Planning Doug Kneupper presented summary and recommendations. City Attorney read: ORDINANCE 93-1DA-55 - AN ORDINANCE AUTHORIZlNG THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH DOLIMA PROPERTIES, L.P., FOR THE TERM COMMENCING JANUARY 1, 1999, AND ENDING DECEMBER 31,2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Counciloerson Eneelken to aomove the ordinance with chanee in , ~ ~ effective date which should be Januarv 1. 2000 to December 31. 2000. Second by Councilperson Ebow. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Mayor Malone. Nays: None Abstain: None 13. Council considered approving an ordinance authorizing a water service agreement between the City of La Porte and Dolima Properties, L.P., for provision of potable water service. Director of Planning Doug Kneupper presented summary and recommendations. City Attorney read: ORDINANCE 99-2370 - AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND DOLIMA PROPERTIES, L.P., FOR PROVISION OF POTABLE WATER SERVICE; MAKING VARIOUS FINDINGS AND PROVISIONS e e City Council Minutes - December 13, 1999 - Page 5 RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF. Motion was made by Counciloerson Gav to aoorove the ordinance as oresented bv Mr. Kneuooer. Second by Councilperson Griffiths. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Mayor Malone. Nays: None Abstain: None 14. Council considered approving an ordinance amending local amendments to the adopted Fire Code of the City of La Porte, being the standard Fire Prevention Code-1994 edition, by amending Chapter 3 of the local amendments to said code-recognized standards and publications. Fire Marshal Paul Hickenbottom presented summary and recommendations. City Attorney read: ORDINANCE 99-2222-A - AN ORDINANCE AMENDING LOCAL AMENDMENTS TO THE ADOPTED FIRE CODE OF THE CITY OF LA PORTE, BEING THE STANDARD FIRE PREVENTION CODE-I 994 EDITION, BY AMENDING CHAPTER 3 OF THE LOCAL AMENDMENTS TO SAID CODE- RECOGNIZED STANDARDS AND PUBLICA nONS. PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF. Motion was made by Councilr.>erson Sutherland to aoorove the ordinance as oresented bv Mr. Hickenbottom. Second by Councilperson Engelken. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Mayor Malone. Nays: None Abstain: None 15. Council considered approving an ordinance appointing members of the Board of Directors of City Reinvestment Zone Number One. Assistant City Manager John Joerns presented summary and recommendations. City Attorney read: ORDINANCE 99-2371 - AN ORDINANCE APPOINTING MEMBERS OF THE BOARD OF DIRECTORS OF CITY OF LA PORTE REINVESTMENT ZONE NUMBER ONE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF. Motion was made by Council!,erson Clarke to aor.>rove the ordinance as oresented bv Mr. Joerns. Second by Councilperson Young. The motion carried unanimously. e e City Council Minutes - December 13, 1999 - Page 6 Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Mayor Malone. Nays: None Abstain: None 16. Council considered approving an ordinance authorizing a concession agreement between the City of La Porte and Linda Darnell Witt, to operate and manage the Sylvan Beach Park Pier and authorize the City Manager to execute said concession agreement. Director of Parks and Recreation Steven Barr presented summary and recommendations. City Attorney read: ORDINANCE 99-2372 - AN ORDINANCE AUTHORIZING A CONCESSION AGREEMENT BETWEEN THE CITY OF LA PORTE AND LINDA DARNELL WITT, TO OPERATE AND MANAGE THE SYLVAN BEACH PARK PIER AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAID CONCESSION AGREEMENT MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF. Motion was made bv Counciloerson Enaelken to aoorove the ordinance as oresented bv Mr. Barr. Second by Councilperson Ebow. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Mayor Malone. Nays: None Abstain: None 17. Consent Agenda A. Consider awarding bid to Vallen Safety for replacement air packs and air cylinders - J. Sease. B. Consider awarding bid to Frazer Ambulance for ambulance unit - J. Sease. C. Consider awarding bid to Baker Equipment for truck-mounted hydraulic cleaning and vacuum unit - S. Gillett. D. Consider awarding bid to Jones Oil for annual supply of oils, fluids and lubricants - S. Gillett. E. Consider awarding bid to Questmark Information Management for the printing, insertion and mailing of utility bills - J. Litchfield. Council person Gay made motion to vote on all Consent Agenda items together and approve items presented. Seconded by Councilperson Young. Motion carried unanimously. e e City Council Minutes - December 13, 1999 - Page 7 Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Mayor Malone. Nays: None Abstain: None 18. ADMINISTRATNE REPORTS City Manager Robert T. Herrera reminded Council of the following events: A. Christmas Holidays - December 23 - 24, 1999. B. Council Meeting scheduled for December 27, 1999 has been cancelled. C. New Years Eve - The Emergency Operation Center will be open on New Years Eve from 9:00 PM to 1 :00 AM in case any emergencies arise. 19. COUNCIlL ACTION Councilpersons Sutherland, Engelken, Ebow, Griffiths, Young, Clarke, Gay, and Mayor brought items to Council's attention. 20. EXECUTIVE SESSION - PURSUANT TO PROVISION OF TJtl.; OPEN MEETINGS LAW, CHAPTER 551.071 .lnKOUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION W.lI n ATTORNEY, DELmERATION REGARDING REAL PROPERTY, DELmERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES DELmERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. 551.071 (CONTRACTUAL MATTER) Meet with Attorney and City Manager to discuss contractual matter. Council retired into Executive Session at 7:55 PM under Section 551.071 (Contractual matter). Council Adjourned Executive Session at 8:46 PM. Council returned to the table at 8:48 PM, with no action taken. 21. CONSIDERATION AND POSSmLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION No action taken. 22. ADJOURNMENT e - City Council Minutes - December 13, 1999 - Page 8 There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:49 PM. Respectfully submitted, vfYl 0vuJ,~ a.l1~ Martha Gillett City Secretary Passed and approved on this 10th day of January 2000. ~. Malone, Mayor e e / .oC e e RlEOUlEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Dece~ 1999 Requested By: Doug Kneupper V Department: Planning Report Aesolution X Ordinance Exhibi1l:s: 1. Ordinance 1501- 2. Area Maps 3. Public Notice Reply Form Sum man' & R.ecommendation The Planning & Zoning Commission, during its November 18, 1999 meeting, held a public hearing to receive citizen comments regarding Rezone Request #R99-003. The request, submitted by Mr. Frank Pickens, seeks to have lot 109, Block 8, Spencer Highway Estates, La Porte, Harris County, rezoned from Low Density Residential (R-l) to General Commercial (GC). The property is located at 3709 Clarksville Street and is adjacent to two other lots fronting Spencer Highway zoned General Commercial. The applicant intends to remodel the building and improve the site in general. The tract in question is occupied by a pre-existing non-conforming structure (approximately 1500 sq.ft. in size) used as a contractor's office. The facility was constructed prior to November 29, 1971. This is the date when Spencer Highway Estates was annexed into the City of La Porte. At the time of annexation, the property in question was assigned a zoning classification of Low Density Residential (R-l). This was done under the provisions of Ordinance 780 in effect at that time. On January 26, 1987, the property on lots 107 and 108, block 8 facing Spencer Highway was zoned general commercial as a part of the comprehensive rezoning of La Porte in conjunction with the City's present Ordinance No. 1501. Staff has reviewed the applicant's request and found it to be reasonable. The tract in question is suited for the requested zoning. With the adjoining commercial lots facing Spencer Highway, the use will be compatible with the character of the surrounding and adjacent areas. The underlying land use and development pattern also conforms to the intended use. The development within the subject tract should not negatively impact the surrounding properties and should not harm the value of the nearby properties. For the public hearing, 13 notices were mailed to surrounding property owners. Two were in favor and one opposed it. After receiving public input, the Planning and Zoning Commission, by unanimous vote, has recommended approval of Rezone Request #R99-003. Action Reouired bv Council: Consider approval of an Ordinance rezoning lot 109, block 8, Spencer Highway Estates from Low Density Residential (R-l) to General Commercial (GC). Ap"proveo fOr City CounCiTXgenaa ..~ ......_-~- = -- ~ ~.-......"..,. ~ ....L.__..'~__..~ ..-...... .~_.. -~-, ~~,~~ 11.. IS -'1'\ Robert T. Herrera Date City Manager e e ORDINANCE NO. 1501-G6 ORDINANCE AMENDING ORDINANCE NO. 1501, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED 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: "Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 18th day of November, 1999, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. "Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. "Section 3. Subsequent to such public hearing, the Planning and Zoning Commission of the City of La Porte met in regular session on the 18th day of November, 1999, at 6:00 p.m., to consider the changes in classification which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written ORDINANCE NO. 1501-&' e Page 2 of 4 recommendations of the City of La Porte Planning and Zoning Commission, by letter dated November 19, 1999, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. "Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 13th day of December, 1999, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing which the City Council of the City of La Porte hereby finds was properly mailed to the owners of all properties located within two hundred feet (200') of the properties under consideration. "Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. "Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission, and the zoning classification of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby changed, and the zoning classification ORDINANCE NO. 1501-.dI e Page 3 of 4 of said parcels of land shall hereafter be "G.C. - General Commercial." The description of said parcels of land rezoned to General Commercial is as follows, to-wit: Lot 109, Block 8, Spencer Highway Estates, La Porte Harris County, Texas, alkla 3709 Clarksville Street, La Porte, Texas "Section 7. 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 the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments to City of La Porte Zoning Ordinance No. 1501 are desirable and in furtherance of the goals and objectives stated in the City of La Porte's comprehensive plan Ordinance No. 1501 (A), "Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. "Section 9. This Ordinance shall be in effect from and after its passage and approval. ORDINANCE NO. 1501-6' e Page 4 of 4 PASSED AND APPROVED THIS THE f3#.- DAY OF b~a;/Uf3~1999. CITY OF LA PORTE By: )~~ /h~Je-- rc10~MAN MA~~E, Ma'yor ATTEST: s/.1!1fJ.JrfiJfl at)j d Jd/ MARTHA GILLt: I I City Secretary - e e TIIE STATE OF TblCAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In. accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 lP.M. on the 18th day of November, 1999, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #99-003, which has been requested for the property located at 3709 Clarksville Street, La Porte, Texas. The property in question is further described by the Harris County Appraisal District as lot 109 block 8, Spencer Highway Estates, La Porte, Harris County, Texas. The request submitted by Frank D. Pickens, seeks to have the property in question rezoned from Residential (R-l) to General Commercial (GC). A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. .. Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary EXHiBIT A 1200 Hwy. 146 e e La Pone, Texas 77571 ., .. Suite 180 (713) 471-1234 P.e): Box 1414 The Sun .' - .0 THE STATE OF TEXAS ... . COUNTY OF HARRIS , CITY OF LA PO~TE NOTICE OF PUBLIC HEARING County of Harris State of Texas , Before me, the undersigned authority, on this date . carne and a.t!.t:'cared Karolyn Kellogg, a duly authorized representative of The Bayshore Sun, a s8"\i~Teekly newspapers published and generally distributed in the I City of La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun dated October 31, 1999 . , .., .'''/~,;t/~ A regular meeting of the Plan. nlng and Zoning Commission will folio,", the public hearing for the purpose of ac. tlon upon the pUblic hearing Items and tc olyn Kellogg conduct other matters pertaining to the Authorized Representative Commission. . CItizens wishing to address thE ~mmisslon pro or con during the Public Hearing will be required to slQn In beforE Sv-'V.LU and subscribed before me this g ~ 0 the meeting Is convened. day of CITY OF LA PORTE ~ , 1999. Martha Gillett City Secretary ~~. ~L~ 0 Sandra E. Bumgarner Notary Public Harris County, Texas EXHIBIT B e e City of La Porte Established 1892 November 19, 1999 Honorable Mayor Norman Malone and City Council City of La Porte Re: Rezone Request #R99-003 Dear Mayor Malone: The La Porte Planning and Zoning Commission, during its November 18, 1999, meeting, held a public hearing to consider Rezone Request #R99-003. The request, submitted by Frank D. Pickens, seeks to rezone Lot 109, Block 8, Spencer Highway Estates, La Porte, Harris County, Texas. The property in question is located at 3709 Clarksville Street. The applicant seeks to have the property rezoned from Low Density Residential (R-1 ) to General Commercial (GC). . .. The Planning and Zoning Commission, by unanimous vote, has recommended approval of Rezone Request #R99-003. Respectfully submitted, ~rP~ Chairperson, Planning and Zoning Commission .- dlS" C P.O. Box 1115 · LaPorte.Tex"d7572-1115. (71.3)471-5020 e e THESTATEOFTMAS COUNTY OF HARRIS \"'11 i OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 211.006 of the Texas Local Government Code and Section 106-302 of the Code of Ordinances of the City of La Porte, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 13th day of December, 1999, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #99-003, which has been requested for the property located at 3709 Clarksville Street, La Porte, Texas. The property in question is further described by the Harris County Appraisal District as lot 109 block 8, Spencer Highway Estates, La Porte, Harris County, Texas. The request submitted by Frank D. Pickens, seeks to have the property in question rezoned from Residential (R-l) to General Commercial (Ge). A regular meeting of the City Council will follow the public hearing for the purpose 0 f acting upon the public hearing items and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or CQn during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary EXHIBll1' D 1200 nwy. 146 e e La Porte, Texas 77571 Suile 180 (713) 471-1234 P.O. Box 1414 The SUD THE-STAT~~ COUNTY OF HAflA'S CITY OF LA PORTE , ~EOF BUC' , EA G . County of Harris n accordancl with provlS' s of Sec tion 11 6 f e Texa: State of Texas Local 0 . Cod. and Se 02 0 the Cod rd. ces 0 the City 0 La porte, noticl .. , IS hereby givert:that the La Before me, the undersigned authority, on this date Porte City Council will con- duct o'a public" hearing at . came and appeared Karolyn Kellogg, a duly authorized. 6:00 P.M. on the 13th . day of December, 1999, representative of The Bayshore Sun, a sE!T\i-\oTeekly in the Council Chambers of the City H~II, 604 West newspapers pUblished. and generally distributed in the Falrmont Parkway, . La .. Porte. Texas. The purpose City of La Porte, Harris County, Texas, and who after of this hearing' is to consld- I er rezone request #99- being duly SWu......, says the attached notice was 003, which has been re- quested for. the pro~erty published in The Bayshore Sun dated November 24, 1999 located at 3709 Clarksvllle . Street, La Porte, Texas, The property in question is further' described by the Harris County Appraisal . ~~. District as lot 109 block 8, ,,'"{'(;( Ie oj e;JIJ ~e itf'/ Spencer Hlghwavs Es. tates, .La Porte, harris County, Texas. The re- i Karolyn Kellogg quest submitted by Frank D. Pickens. seeks to have Authorized Representative . that property in question rezoned frol:T1 Aesldential CA-l) to General (GC). . A regular meet- S\o.orn and subscribed before me this 51!. rl day of ing of the City Council will follow the public hearing ~ , 1999. for the purpose of acting upon the public hearing Items and to conduct other ~j.~~ matters .pertalnlng to the Council. .. U : Citizens wishing to address the Council pro Sandra E. Btnll.garner or con during. the Public Notary Public . Hearing. will be required to Harris County, Texas.. sign In before the meeting In convened. . "- EXHBBff E '. ..... ~ AGAINST SPENCER HWY. e FOR 75.95' 75.95' h -" 20' BLDG. LI..N~ . . ..- V) i ~e~C\~\.. ~\. ~OW' ~ ~ tI. GeNe SUSAN SAI.1.S !Ii 5 G ' C 9226 SPENCER HWY. ~ CD ~ ~ ~ 0- 0- 0. 0. LT. 12 LT. 107 I'i I'i LT. 18 ~ .... .... LT. 108 .... ~e~\~\.. ~ e ~\.. COW' ~ I GeNe FRANK D PICKENS 'f~S s'f~ G'C ~ ~if, ~ J tlct:F- ~ ~ S?~i B ~ at. . ~ S! l.) EXISTING ZONING UNE 75.99' 73.99' JOE D. BOWERS 9213 HONTGOI'1ERV e L T, 109 LT, 17 . J. ~ ~\OeN\\~\.. ~\OeN\\~\.. -.. 20' BLDG. LI..N~ . . .30' JC .sa.. . . BLDG. ~' \ ~' \ 11.8 05' LT. 13 r") c.'" r") c.'" PROPOSED ZONE CH~GE C r'I ) <-0' C r'\ C r") I.~' (" ~ r") C::^., C L .) (,L .) ) [;.u C Lr'I.) ) [0') C L,,-> ) ~^;' C r'\ )v ~\.. \..J \..J v \..J \..J VeL .) . eN\\ \..J ~I\O EXISTING MOBILE HOME LT. 110 ~' \ LT. 16 5 ~ I n 250 1360 CITY OF LA PORTE SPENCER HWY, 75 7' 75:63'" --- --- 137.5 75 75.63 75.63 75.63 73.95 73.95 70 92.65 62.35 55 55 65 65 65 65 65 65 4 3 2 1 9 10 11 12 107 108 18 19 '" ..20 21 22 23 24 25 26 27 28 25 G-~ OJ It> cu It> -.. It> '" a It> .. l!l &ti ij~~~C{i}tJt Mfi~I~L M It> ...0 0 0)0 M It> 0) - ... !:l _0 - !:! \D2!2 0):= 0 M 0 - _0 _0 0 2 - Ne _0 00 -0 0 00 "" "" 0 No ruo _0 1 0 "" "', , 0'1 (1'\' CJ"'l1 0'1 0\1 0\1 ~I I 0\1 "" , 75 75 75 75.63 7'.63 75.63 75.63 73.99 73.99 6a.53 70.97 55 65 65 65 65 65 65 - 5 6 7 8 16 15 14 13 109 147.98 1 7 1395 N 65 65 65 65 65 as.a5 log.15 M :Jl 3709 M,o ,,; 40 39 38 37 36 35 34 -0109 '" .. 3110 "'... l!l If'l~H ,...!R M .. 14a.03 -0016 or 2 t:l '" It> ....:q 0)" It> ",It> g !:!'~mbtANc;r--- 16 M N!;' If'l - "'0 M ....0 - _o!:! 0 _M 00 00- ... tn:; ~ C) !i LnG" M O)M '" M -M 00 - cuo 0- No '" ...- "'M'" -M :!: 00 _0 _0 0 CUo , ~ 1I0 3113 :i: .,; "v - (J\('l');!; _0 _0 "" "', Ii 0 00 Co -0, -0 - No "'0 OIl "" "" , !!l 0 Mo Me Me Mo Mo "" 75.63 -0110 137.25 , "" (J\ I 0' I 01' 0\' 1375 75 75 75 75.63 75.&3 75.63 .- 111 15 3414 65 65 65 65 65 65 [7.95 47.05 65 .. $ -0015 0 MONTGOMERY LANE .. .. 136.61 j:::! MONTGOMERY LANE 17 151.25 151.25 37151.25 151.25 ~ 112 3210 14 <( 36 56 0 o .... .... 0 It> 3201 It> ~ .. 3205 ~ V) .. -DIll .. .. 3206 .. ~ """65"" 60 - .. .. 3202 .. ~ 3202 60 60 60 60 as -0017 -0035 -!!1m -0055 w -0013 43 44 45 46 47 48 49 .. 151.25 113 .... ..J 13 R-I RE5fQtNrl~L ~ .. j:::! 18 ..J .. .... .... M MM ...~~ ,....., '" ..J ... ~ cuO)", ~ 3217 It> .. I-i 14a.2 .. "t\Jv'" 0'" ..... cu..... .. .. > W -0,0- -0 -0_ 0_ 0- 135.19 Mo Mo Mo 0 MO -0018 151.25 (I) II4 I-i "" "" "" , "" ~ ~ 0 .. ...12 3210 ...... 19 39 54 .. 3209 '" W 34 3204 .... 65 60 (I) .. It> .. .. It> .. ~ -0114 '" -0012 .. L:J 6. 60 60 '" -0034 '" .. .. 3214 .. <( '" 1,p.@9 j:::! a5.51 70 -0053 ..J 115 8 134.48 7. lII.a5 ,j:::! 151.25 151.25 .. 0 I-i 56 55 S4 53 ,~ 40 (J .. .. ~ I~ 20 33 53 148.28 :fl1I 3214 ... M N '" .. It> It> It) ill It) ,..: -0011 ,..: ~~ ~ ",'" .. 3231 .. '" ~ '" 3213 .. .. '" Nlf'l ~ -fri ,~ -0020 .. 116 133.75 Ng ~ -0040 15125 CUO lJo W '" ~ ~ M' l'l7' (Xl 21 32 ~ 41 S2 10 ~ It> .. 3 .. .. ~ 4 It> . 35.51 '" .. .. W '" '" 3'2.\9 70 70 60 II7 OJ 151.25 >- 151Z5 3217 .. .. _00\0 <( Ii -0116 '" ~ 22 31 3218 ~ It> 42 51 3222 ZONE CHANGE 99-003 / It) It) -0051 .. .. 32335 ~ -0032 .. '" 3225 .. '" .. 118 .. -0022 -0042 151.25 .. 151.25 '" '" 2.79 a5.51 6 90 23 30 43 50 7 3226 It> ~ 3226 It> Ii! 3234 e e A Meeting of the La Pone plannme- aud ZODiD!' ColDIDission i(ECEIVED (Type ofMee~ . i/_ ~ !/-/~-9'l Scheduled for PLANNING N,.. '.......ber 18, 1999 (D,ate of Meetin~ to Consider Rezone Reauest#R 99-003 (Type of Request) ,"",; "..."..",.",,, ,,""" '_101,1." , ,. , , ,," ,." I. . iIi'..,,' . ~"""'.".II,,, .._,......"'...... "...."",..., "...,' I have received notice of the above referenced public hearing. I am in FAVOR of granting this request fur the fullowing reasons: This property was purchased as commercial and rezoned due to LaPorte incorporating this lot and building into the city. We plan to use the 1~500 Sq.Ft. building as an office space. I am OPPO~ 10 ,g:ranting this s:equest fur the full., ..,,:,"g reasons: ~ h~At-.\~ ~ ~C\C€~~ \07 EAsr VV A.--I \=: Name (Plea5f:?Dnt) AddresS ~At ~~ p~ \'Y.77"::)41- ~k \\ ,j..." signature ~ Gty. State, Zip e e RECEIVED A Meeting of the La Porte Jj,.I;)-~7 Planmnl!" and ZODiD.:. Commission PlANNING crype of Meeting) Scheduled for Ncm:m.bcr 18, 1999 (Date of Meeting) to Consider R.C2:0De Reauest#R 99-003 crype ofR.equest) ,I 'ow "'.. ",01, II ~ ,..", '.,_""". '.'" ;.1.'"", _,,_._,,"'_...;...,".....~I, ...,.,...."...1 I have a:ceived no~ce of the above re:L,.....ced public hearing. I am in FAVOR. of ganting this request fOr the fOllowing reasons: ul9 . 0; J )i'4 ~. ~ Qrr -\(~ .Jh t.. A!.Th 0 d- f/ll'hYl iJu" p'" /"\17 0 ~ . 4.9 0 Q'"'l () A II. n !,1"r1/) ~ ~ _ ~. /Y?@ , ~ r ~o... . ~ nvn rnfl.o" ~ l."_~. ~ I am OPPO~ to ganting this request fOr the fOD... ..':"g reasons: : JQp D- Bru "€-rs /Y?oRTJ-[o ~all \fJ r~ 92L~ ~Me.R ~ ~ N_~p~ ~ <;). iJ~ La fA NP. #7Xr /}?~'2j.I.~~ . Signature aty, Staa; Zip . o '"'~ ~ 0 LU l\.h e' e A Meeting of the La Porte plann;"!, and Z~ Commission (fype of Meeting) Scheduled for November 18, 1999 (Date of Meeting) to Consider Rezone Request#R 99-003 (fype of Request) . '.'" ."""",,;, "'.11 .", '. ._,~"". I "" " " , .'.,,,..... ..., IL "" . " II I." '''_....;..,~.''.....',','.. ;1olI., 1 I have received notice of the a:.. u . I.. referenced public hearing. I am in FAVOR of gmnting this request ror the rollowing reasons: I am OPPOSED to gmnting this request ror the rollowing reasons: 4~d 4//P::f ,6:v/p' .d//&~/ ~~/;~ C7~ / . /. or /Z'cg-/oI'd!V~ / ~/ .JC-r p/ovff ~ k/Z';?A'::i AT '" 4- or/k- .::7/ ,Jv~Q'."vd;"/Q ./?/&dL;:?E~ - , , /' LRP cfiZK .f?"R,,7t: ~__-r ~ ~P.../ Adm ~ ~#?Y~, ~ -?:Q?/ Signature "'City, State, Zip ~. ~~ ~ ~ u \1i ~~ \ ~OV 1 8 1999 \BY -:- ==- - ,;:.. -- e e t .. REOUEST F. CITY COUNCIL AGENDA HEld tit dl~l i j , " ;' i ~"', 1~~:tI!o:!r I,d Agenda Date Requested: December 13. 1999 Requested By: Robert T. Herrera I Carol Buttler ~artment: Administration XXX R.eport Resolution Ordinance Exhibits: 1. Site Plam 2. Interior Layout 3. Exterior Views 4. Artist's Rendering (may not arrive until Monday, will know on Thurs.) i~ ill~1 ..i1I~ I I I Ii :~} ;j '11"t".,~I~",llf~ SUMMARY & RECOMMENDATION At the July 26, 1999, City Council meeting, Council authorized $198,600.00 for payment of architect's and related consultants' fees to Hall/Barnum Architects for design of the new community library. Staff would like to provide Council a status report of activity to date. The architect has completed actual design of the library facility based on the Master Program Plan, which resulted from community, City of La Porte, and Harris County input, and approval by Council earlier this year. The library's design of 23,357 square feet accommodates requested space requirements for all interested parties. At this time, the architect anticipates costs of this project to remain within the projected budget estimate of $2,715,600.00. At a recent meeting, Harris County staff, Friends of the Library representatives, and City staff reached a consensus for the interior layout and exterior design. Mr. Hall will present a revised layout of the interior, as well as, an artist's rendering ofthe exterior. Action Required by Council: Direct the City Manager and architect to proceed with the bid process for the library project's construction phase. Illth- I ~ ' ~h"" I ~'d Availability of Funds: - General Fund - Water/Wastewater _ Capital Improvement_ General Revenue Sharing - Other Account Number: N/A Funds Available: - YES - NO -......,.,,,.,, ,., Aooroved for City Council Aeenda AJ~f. ~ I'Z: i. 'i 1 Robert T. Herrera Date City Manager Current as of 0 1/99 I I , I -~- ~ I .~~ i . .' - . I /' - --. oil >1 ..- - ~, -------; - ~- - - D. ,- . . .. . I ,I ~. _ ~!ioIi. . -" I _ · '-.. 1 I " "'. . _ II 0 I ./ , I ._.~.- = I 0 --,,--. - I I I . . "' I . -. I' I .- '~ G" , _. ~ I i ' '.- I ( . - '! p ~ --,-- "... 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" . . . , , .; ..'"".. , - .- . .:": t- 0' v A'A" ...., ~.. - - ..--- . - - LA PORTE COMMUNITY LIBRARY e HALL/BAR~M ARCHITECTS e e . . ~T FOR CITY COUNCIL...AGEND~ a I Agenda Date Requested: December 13. 1999 ((~ - Requested By: Kathy Hutton Department: ...EimJpce X Report Resolution Ordinance lExhibits: None g i , I SUMMARY & RECOMMENDATION The City's fiscal year ended September 30, 1999. At that time, there were 53 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 31 $ 82,845 Utility Fund 18 18,150 Golf Course Fund 4 64,l1.2 Total 53 $165,314 A few examples of the "open" purchase orders are: 1) Protective wear for Police Department ordered but not received. 2) Touchread devices to read water meters ordered but not received. 3) Grass seed for the Golf Course 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. g -- I I Availability of Funds: General Fund VVatertvVastevvater Capital Improvement GeneralRevenueShariDg ..YARIOUS Other Account Number: ..YARIOUS Funds Available: X YES _ NO - , J\!l!lroved for City Council Agenda ~~ ~ ~ R.obert T. Herrera, Date l~.i'1l!1J City Manager e . e lREOUESAoR CI'fY COUNCIL AGEN.I ITEM Agenda Date Requested: December p, 1999 Requested By: Doug Kneupper ~ry Department, Planning XX Report esolution Ordinance Exhibits: Fairmont Parkway Overview - Summary & Recommendation - Harris County Precinct 2 is making progress and moving forward with the design of improvements to Fairmont Parkway (SH 146 to UPRR). The County and their engineer delivered a Preliminary Engineering Report for this project on October 13, 1999. Attached is an overview of that report. The full report analyzes numerous aspects of the road project including existing conditions, roadway design criteria, drainage criteria, future traffic analysis, construction phasing, environmental concems, and cost estimates. This overview focuses on items that directly affect the final design of the roadway. The recommended improvements, which staff concurs with, has a preliminary estimated cost of $3,224,861. Of this amount., the County is requesting the City's participation to be $269,074. City staff is currently woIking with the County to reduce the City's amount by approximately $50,000. These cost estimates do not include an amount for right-of-way acquisition. Pursuing this recommended design will require acquisition of 11 comer cutbacks along Fainnont Parkway and additional right-of- way along 16th Street., both north and south ofFairmont Parkway. The recommended improvements to Fairmont Parkway are described as follows: Construct Fairmont Parkway as a 6-1ane divided roadway with a combination raised median and median ditch. Construct 16th Street as a 4-lane roadway for approximately 800' both north and south of Fairmont Parkway. Make drainage improvements and continue to drain east into Little Cedar Bayou. Construct generous turning radii at all intersections to accommodate truck traffic. In addition to the 6-lane roadway, construct turning lanes at the following locations: 1. Eastbound Fairmont Parkway at 16th Street (left turn) 2. Eastbound Fainnont Parkway at 14'" Street (left turn) 3. Eastbound Fairmont Parkway at 13th Street (left turn Kroger Center) 4. Eastbound Fairmont Parkway at SH 146 (right turn) 5. Westbound Fairmont Parkway at 16'" Street (right turn) All recommendations contained within the Preliminary Engineering Report are based on Harris County criteria. The drainage systems will be designed using the 3-year design stonn. However, the drainage impact from a future overpass at UPRR was not considered. Staff feels it is very important that the drainage impact from a future overpass be analyzed at this time and considered with the Fainnont Parkway improvements. With Council's approval, the administration will write Precinct 2 and request they pursue the recommended improvements to Fairmont Parkway. The letter will also request that the County analyze drainage impacts from a future overpass, and that the County consider reducing the City's level of estimated participation by approximately $50,000. Approved for City Council Agenda - - .Gtt 1l~ I ~-~ ''1'1 Robert T. Herrera Date City Manager e e SUMMARY AND REPORT Faormont Parkway between SH 146 and 16th Street Summarized from: PRELIMINARY ENGINEERING REPORT Prepared By: TSC Engineering Company This report summarizes a Preliminary Engineering Report prepared by TSC Engineering Company and Klotz Associates. These companies were hired by the Harris County Public Infrastructure Department (HCPID) on June 1, 1999 to conduct a preliminary engineering investigation for improvements to Fairmont Parkway, from 500 feet west of 16th Street to SH 146. The Preliminary Engineering Report covers the topies of existing conditions, roadway design criteria, drainage design criteria, recommendations for improvements, and construction cost estimates. This preliminary engineering report will be the basis for the proposed roadway geometries including number of lanes, corner enhancements, deceleration lanes, median openings, signalization, environmental concerns, pipeline and utility relocation, and drainage improvements. The City and HCPID will review and consider the Preliminary Engineering Report before final design of this project begins. ANAL YSIS OF IEXISTING CONDITIONS lE)Kis~ill'1lg Roadways - Fairmont Parkway is a four-lane, divided asphalt pavement roadway with a shallow median ditch from the UPRR tracks to 13th Street, and a reinforced concrete with curb and gutter roadway from 13th Street to SH 146. Fairmont Parkway is classified as a major thoroughfare. 16th Street is a two-lane open ditch asphalt roadway, south of Fairmont Parkway, and a two-lane open ditch concrete roadway north of Fairmont Parkway. The City's current Thoroughfare Plan classifies 16th Street as a secondary arterial, however, recent iraffic count information does not support this high of a designation. Development in Project Area - There is a significant amount of retail, service, and restaurant activity along Fairmont Parkway with industrial and trucking activity north and south along 16th Street. All indications are that the vacant properties adjacent to Fairmont Parkway will continue to develop with service and retail type businesses and the areas north and south along 16th Street will develop with industrial activities. Traffic Voh.!lmes - A Traffic Impact Analysis was prepared by Klotz Associates which included existing traffic counts. Along Fairmont Parkway the 1999 average traffic volume is approximately 13,300 vehicles ~er day (vpd) with the peak traffic volume occurring between 5 and 6 p.m. On 16t Street, the 1999 average traffic Page 1 of 5 e e volume is approximately 900 vpd northbound south of Fairmont Parkway, and 2,350 vpd southbound north of Fairmont Parkway. On 14th Street the average traffic volume is approximately 490 vpd southbound north of Fairmont Parkway. lRoglhlt-of-Way - The existing right-of-way on Fairmont Parkway varies from 263 feet wide at 16th Street to 125 feet wide at SH 146. The existing right-of-way along Fairmont Parkway is adequate for the proposed roadway improvements with the exception of additional corner clips that are needed at the intersections of 13th, 14th, and 16th Street. Additional right-of-way will also be required north and south along 16th Street to accommodate the roadway improvements. Dl7'aoll1age - Stormwater runoff from the areas adjacent to F airmont Parkway, 16th Street, and 14th Street is now collected through a combination of roadside ditches, a large median ditch, and underground storm sewers. This water eventually flows east under SH 146 and discharges into Little Cedar Bayou. l?opeOines - There is an existing Exxon Pipeline Company easement along the south side of Fairmont Parkway, from UPRR to 16th Street, which contains one 10" nitrogen pipeline. There is an existing Exxon Pipeline Company easement along the west side of 16th Street north and south of Fairmont Parkway which contains two 8" nitrogen pipelines and both cross Fairmont Parkway. Ul~mties - There are existing water and sewer lines within the Fairmont Parkway and 16th Street right-of-way which are maintained by the City and the La Porte Area Water Authority. Reliant Energy (HL & P) only has aerial power lines within the project lim its. Entex owns gas lines within the project lim its, and Southwestern Bell owns underground cables within the Fairmont Parkway project limits. ROA-IOWA" DIES~GN CRITERIA Roadway geometry recommendations, cross-street turning radii, auxiliary (turn) lanes, median openings, lane assignments, and the design of 16th Street were all provided in the Traffic Impact Analysis. The roadway design speed is 45 MPH for Fairmont Parkwal and an 18-wheeler design vehicle was used for the design of turning radii at 16 Street and at SH 146. IORADNAGE DES~GN CRITERIA The project will be designed using a combination of roadside ditches, median ditches, and underground storm sewer. City of Houston 3-year storm design curves will be used to size the storm sewer system. A drainage analysis was performed to determine the affects this roadway project (additional concrete impervious areas) would have on Little Cedar Bayou. After modeling the Page 2 of 5 e e additional storm water runoff from this project, it was determined that no significant impact would be made to Little Cedar Bayou based on a 1 DO-year storm. RIECOM MENIOA 1rIONS Right-of-Way - No right-of-way acquisition will be required along Fairmont Parkway. However, several corner cutbacks are recommended to facilitate construction of generous turning radii to accommodate truck traffic. The cutbacks include all four corners of 16th Street, all four corners of 14th Street, the southwest corner of 13th Street, and the two corners on the west side of SH 146. Along 16th Street, additional right-of-way will be required within the first three blocks, both north and south, along the east side of the road. The additional right-of-way is neaded to construct the four-lane divided road section at the intersection which then transitions back to the existing two-lane roadway approximately 800' both north and south of Fairmont Parkway. Pan,ing - The pavement design for Fairmont Parkway will be six-lane divided concrete with curb and gutter (3 lanes in each direction). There will also be five turning lanes at the following locations: 1. Eastbound Fairmont Parkway at 16th Street (left turn) 2. Eastbound Fairmont Parkway at 14th Street (left turn) 3. Eastbound Fairmont Parkway at 13th Street (left turn Kroger Center) 4. Eastbound Fairmont Parkway at SH 146 (right turn) 5. Westbound Fairmont Parkway at 16th Street (right turn) Please note that the existing mandatory left turn lane median opening at 1 t" Street, leading into the Kroger Center, will be eliminated. An item of particular interest is that the engineer that prepared the Traffic Impact Analysis observed a significantly higher number of vehicles using the 1 j" Street entrance instead of the 1 i" Street entrance. The six-lane roadway will transition back to the existing four-lane roadway approximately 500' west of 16th Street. 16th Street will be a four-lane concrete road with open ditch drainage. This design will extend for approximately 800' both north and south of Fairmont Parkway before 16th Street transitions back to the existing two-lane roadway. Drainage - Reinforced concrete pipe and concrete box culverts will be used for this project. The pipe sizes will range from 18" to 60" and the boxes will range from 6'x3' to 8'x4'. The Fairmont Parkway median ditch from 14th Street to the UPRR tracks will be used for storm water detention. The existing 54" storm sewer along the south side of Fairmont parkway, between SH 146 and 14th Page 3 of 5 e e Street, will be upgraded and replaced with a 8' x 4' box culvert storm sewer. This combination of larger storm sewer and detention will mitigate the impact from the additional impervious area created by this project. All storm water runoff east of the UPRR will be directed into Little Cedar Bayou. No analysis was performed to determine the impact a future overpass would have on the proposed Fairmont Parkway drainage system. That analysis should be performed in conjunction with this Preliminary Engineering Report to identify additional drainage improvements, if needed, to accommodate a future overpass. Pipelines - There is a potential conflict between proposed underground storm sewer improvements and the two 8" Exxon pipelines which are located along the west side of 16th Street north and south of Fairmont Parkway. The storm sewer facility will have less than a foot of clearance from the two 8" pipelines. More accurate field probings of the pipelines and minor adjustments to the storm sewer system may eliminate this potential conflict. Utilities - Entex has existing 8" and 2" gas lines within the Fairmont Parkway and 16th Street right-of-way which will have to be relocated. Reliant Energy(HL&P) has aerial power lines. Power poles along the north side of Fairmont Parkway and along 16th Street will require relocation. Southwestern Bell has underground cable along Fairmont Parkway and 16th Street which will require relocation. City water and sewer lines along Fairmont Parkway will not be in conflict with any roadway improvements. However, an 8" water line along 16th Street north of Fairmont Parkway, and a 16" LPAWA line south of Fairmont Parkway will be under proposed pavement and their relocation should be considered. Railroad - When a future grade separation is constructed at the UPRR, the Fairmont Parkway median ditch detention capacity will be reduced. This will impact the function of the Fairmont Parkway drainage system. Traffic Signal - Klotz Associates performed traffic signal warrant studies for 16th Street and for 14th Street. Installation of a new traffic signal at 16th Street is proposed for this project. However, no warrants were met at the 14th Street intersection so no signal is proposed at this time. Future growth in the 14th Street area along with increased vehicle volumes may warrant a signal sometime in the future. The 16th Street traffic signal will be interconnected with the traffic signal at SH 146 to provide for optimal timing. At a project kick-off meeting with representatives from the engineering firms, Planning Dept. staff requested that mast arm type signals be considered in lieu of the typical span wire configuration. Although identical in function, the mast arm signal has a cleaner appearance without the clutter associated with span wire signals. Page 4 of 5 e e PRELIMINARY ESTIMA TIED CONSTRUCTION COSTS A preliminary construction cost estimate for the project, including a 20% contingency is approximately $3,224,861. This preliminary cost estimate does not include any utility relocation costs or right-of-way acquisition costs. Of the total estimated amount, $269,074 has been calculated to be the City's level of participation in conjunction with, 1) the third additional lane eastbound and westbound, 2) the right turn lane eastbound at SH 146, and 3) the upgrade from span-wire to mast-arms for the signal at 16th Street. It is staff's opinion that items 2 and 3 should be included as part of the County's participation for this project and we will work toward that with County staff. Item 2 is estimated to cost $20,000 and item 3 is estimated to cost 32,000. Final participation by the City will be formalized and identified within the Interlocal Agreement which is being drafted by the County. Page 5 of 5 KLOTZ ASSOCIATES, INC. CONSUlTING ENGINEEIS ai rn . ~ a I ~ .. II C) s: ,I & 0 II 8: 'It' = ~ 0 - <0 I - ~ :c ~, 'It' m Fainnont WB 'r-' . ... _ -.~ ~ ~nnont - = = - - = - - = = - == ~ = = = = - = = -.= -~ -= 1=== - = = = = = = = =. -__ _ :: :: . II. ... ..--------~ ---- Fainnont EB ~U _ _ = =--::C~ ~ = ai --- -- ---~f -=--- · ('f) ,.. ----------- -- ~ ~ . ~ ~ - . =1 'It' .~ m -_ > ~I > 0,1 0 ~ 1 'It' I ~ :c rn e I Figure 2. Study Section Layout - Proposed Geometry . _ _. . - - - .. - KLOTZ ASSOCIATES, INC. CONSULTING ENGINEERS _II OJ II en -II a::: II - i LL I I C) ~II I I c: '0.. CO II I I Q ~II .c: .c: 0 -c- - I CO - .s:::. -r- ~ -c- I -c- ~, C?3~ F . t Fairmont WB ~ g ~ .i~ . - - - - - - - - - - - - - ~i"_.~ ~ ~ -=- ~ ~ -: ~ = ;:;:_ I ~r~o~ - - - - - - - - - - - - - = - - - - - - - -.- - ~ - - - - - - - - - - ~ , ~. --------- -:if ---- .r ....:. --=.. r j '. .' Fairmont EB a" ----== ~ .s:::. -II - ~; =-=-------... - COli - M - '. en -----====== ~ -c- -II l"!!l .c: - - Ck::1I =1 'V ,u.. Q) -c- s: II 3:1 0,1 CO II 0.1 VII , 'r-" J:II en II II II II - Figure 2. Study Section Layout - Proposed Geometry ~-- . ... . - - -- KLOTZ ASSOCIATES, I Ne. CONSULTING ENGINEERS _II mil en -II a= II ; u.. II C) S II I' .S: co II 0.. I , a. "l;t II = ~ 0 ~ col - ~ t ~, ;! ~ en FairmontWB ~ g _ .]~ _ _~. _ _ _ _ :.~_ Fairmont = = = = = = = = = = = = = . - = = = = = = = .='= =:~ ~ - - - = - = = = =-- ~ = = '":. . ~ - - - - - - - -"'7 ~ = = = = . ..~" .....-. !. ... .-fainnont ~ . _ _ _ _ = ::C=;===(. --;.;; iii':: - - - - - - - - - - - =,; - '. M en --------------.,.. ~- '"'' =: ex: II - = I V .u.. " ~I or- $" o ,I co II a. I VII ! ~ :e" ~ II. II II II Figure 2. Study Section Layout - Proposed Geom~try -- . .... e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 13. 199~ Requested By: Steohen L. Barr ~ . - Department: Parks & Recreation Report Resolution XX Ordinance Exhibits: 1. Ordinance 99- ClP#99-5202 - FairmoB'llt Park Baseball Complex Concrete Sidewalk and Slab Work 2. Bid Tabulation & Bidder's List SUMMARY & RECOMMENDATION The City of La Porte has requested formal bids for construction of concrete sidewalks and slab work at the Fairmont Park Baseball Complex. Bidding documents were delivered to and a pre-bid conference was held for seven contractors. Seven contractors returned bids for the project; the bids were opened on December 7, 1999. The project will provide 3,120 linear feet of sidewalks connecting all three parking areas contained in the park, with the swimming pool, baseball complex and soccer fields. It will provide complete paving in the area of the baseball concession and pressbox. It will also provide 2 bleacher pads and 2 handicap accessible slabs for each of the seven fields at the complex, as well as a batting cage pad. The low bidder meeting specifications for the project was Brooks Concrete, Inc. with a base bid of Fifty Four Thousand Six Hundred Fifteen Dollars and Twenty Cents ($54,615.20). The bid by Brooks Concrete, Inc., plus five percent contingency for this project, is Fifty Seven Thousand Three Hundred Forty-Five Dollars and Ninety-Six Cents ($57,345.96), which is low bid, overall. Funds for this project were budgeted in the FY 99-00 Capital Improvement budget in the amount of $50,000. After review, staff recommends acceptance of the bid by Brooks Concrete, Il11Ic. as overall low bidder meeting specifications and recommend that the budget be adjusted to cover the project, utilizing Capital Improvement contingency funds. Staff Recommendation: Staff recommends that the bid submitted by Brooks Concrete, Inc., be accepted as low bidder meeting specifications for this project. Action Required by Council: Consider award of ordinance authorizing the City Manager to enter into a contract with Brooks Concrete, Inc. for construction of concrete sidewalk and slab work at the Fairmont Park Baseball Complex. Availability of Funds: General Fund Water/Wastewater XX Capital Improvement General Revenue Sharing N/A Account Number: 015-9892-808-1100 Funds Available: XX YES - NO ADlDroved for City Council Aaenda Q~f.~ ''Z..- \ '3. '\ '\ Robert T. Herrera Date e e ORDINANCE NO. 99-1.3(, ~ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETW.6EN THE CITY OF LA PORTE AND BROOKS CONCRETE, INC. FOR CONSTRUCTION OF THE FAlRMONT PARK BASEBALL COMPLEX CONCRETE SIDEWALK AND SLAB WORK PROJECT; APPROPRIATING $54,615.20" PLUS A CONTINGENCY OF $2,730.76 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH TI::J;E OPJgN MEEaa....GS LAW; PROVIDING AN EFFECTNE DATE HEREOF." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The C~ty Council ~ereby approves and authorizes the . contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affIx the seal of the City to all such documents. City Council appropriates the sum of $57,345.96 from Capital Improvement Fund 015 to fund said contract. Section a. The City Council officially fmds, determines, recites, and declares that a suffIcient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been . e e ORDINANCE MO. 99-1.3~ i 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 s~ch written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this December 13th, 1999. C~TY OF LA PORTE .1..' ~~ By: //~/::) J1J/J.ihc...~~ n."u ;' Norman' L. I Malone,~ Mayor ATTEST: " ~'1 tJ;tfl1~ ,.J;U 1tdL Martha Gillett, City Secretary ... a?;: -~ Knox W. Askins, City Attorney e e CITY OF LA PORTE FAIRMONT PARK BASEBALL COMPLEX CONCRETE SIDEWALK AND SLAB WORK CLP PROJECT #99-5202 BID TABULATION BROOKS CONCRETE y 45 $54,615.20 I - PURTIS CONSTRUCTION Y ? $57,445.30 SU:'..l"tIEN R. IllLL CONSTRUCTION I .y 45 $58,149.00 TRIMBLE & S l~.t'JfENS I y I 45 $68,708.20 . MCALLISl~K, AKIN & SlV.unf I y I 45 I $76,732.45 SMITH'S CLASSIC CONSTRUCTION I y I 4S I $79,699.68 PHOCO, INC. I y I 45 I $89,984.50 .. , e BIDDER'S LIST e FAIRMONT PARK BASEBALL COMPLEX CONCRETE SIDEWALK AND SLAB WORK CLP PROJECT NO. 99-5202 Advertisina The Bayshore Sun - November 21st & 28TH. 1999 Bid Notice Faxed BROOKS CONCRt:, !: JESSE VEGA CONSTRUCTION 4018 ALLEN GENOA 2019 PASADENA BLVD. PASADENA. TEXAS 77504 PASADENA. TEXAS 77502 CONTACT: TERRY SANDLIN CONTACT: JESSE VEGA 713.947.8440 713.473.1552 OORS!:, , BROTHIERS FOUlS CONSTRUCTION .' P.O. BOX 5766 111 N. BROADWAY PASADENA, TEXAS 77508-5766 LA PORTE, TEXAS 77571 CONTACT: R.J. DORSETT CONTACT: VERNON FOLLIS 281.487.0264 . 281.471.6881 HERNANDEZ CONCRETE FRANK REID CONSTRUCTION 1125 VISTA RD. 837 STUDEWOOD PASADEfNA. TEXAS 77504 HOUSTON, TEXAS 77007 CONTACT: DANIEL MIRAND CONTACT: FRANK REID 713.910.4230 713.861.3478 MOORHOUSE CONSTRUCTION LUCAS CONSTRUCTION P.O. BOX 34562 8244 HARBORSIDE DRIVE HOUSTON. TEXAS 77234-4562 GALVESTON. TEXAS 77554 CONTACT: JAMES CROLEY CONTACT: WILLIS LUCAS 713.941.2223 409.740.3523 LA PORTE BAYSHORE CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TEXAS 77572-0996 .. Contractors that Picked Uo Uo Plans and Soecifications PURTIS CONSTRUCTION BROOKS CONCRt:: I t:: 14710 PARK ALMEDA ROAD 4018 ALLEN GENOA HOUSTON, TX 77047 PASADENA, TX 77504 STEVEN R. HILL CONSTRUCTION MCALLISTER. AKIN & SMITH 7782 HAMMERL Y 1416 N SAM HOUSTON PKWY E #190 HOUSTON, TX 77055 HOUSTON, TX 77032 JESSE VEGA CONSTRUCTION CO. TELEPHONE CO. HOUSTON (PHOCO) 2019 PASADENA BLVD. 8803 ALMEDA GENOA RD PASADENA. TX 77502 HOUSTON, TX 77075-2232 TRIMBLE & STEPHENS SMITH'S CLASSIC CONSTRUCTION 4701 GULF FREEWAY F-1 51 EL DORADO LN LA MARQUE, TX 77568 FRIENDSWOOD, TX 77546 C&D CONSTRUCTORS DORSETT BROTHERS PO BOX 2~264 PO BOX 5766 HOUSTON, TX 77028-77228 PASADENA. TX 77507 CARLOS E. MARTINEZ 281.224.2591 e e SPECIFICATIONS AND CONTRACT DOCUMENTS FOR FAIRMONT PARK BASEBALL COMPLEX CONCRETE SIDEWALK AND SLAB WORK I CLP PROJ.ECT NO. 99-5202 I i , """,,\ --~ OF TE. \'Il ",,,-!1!O*oil::i.. 'I, ;' ..- -.. , "'. l \* 1, #I.: ~.l ~...: ............................. ~ '- DOUGLAS K. KNEUPPER ~ ~...~........................::-.1 CITY OF LA PORTE TEXAS '.:!A'.. 77145 /~ ' . 0" "1; ~o..~~_ ':lC'\'. G,s~~" Sl .. '\~.;.f;ONAC~t!-.. November 1999 ;1 ( ~ .... ~ ;/-rl-Cfi'" .._';~ P - Doug 5 Kne~~per, P.E. Stephen L. Barr . City Engineer Director of Parks & Recreation Page 1 of 39 e e REOUEST IR LUY COUNCIL AGENDA HEMe , I, I Agenda Date Requested: December 13 _ 1999 Requested By: L. Ri2bv Department: Administrative Setvices Report Resolution X Ordinance Exhibits: Ordinance Retiree Medical Coverage Plan SUMMARY & RECOMMENDA nON Council has asked that staff review the current policy of providing health insurance to retirees. The proposed changes and additions are attached for your review. During the workshop session, there was discussion regarding those retirees, who retired in 1993 and before, who Council, at that time, agreed to cover at 100%. There were sixteen (16) retirees at that time on the City's medical plan. All but one (1) are currently age 65 or older and eligible for Medicare. Staff recommends that this group of retirees remain on their current plan since Medicare is primary with the one exception, and the City's coverage is secondary. The proposed policy would affect fourteen (14) employees who retired in 1994 and later, and all employees retiring after adoption. Staff recommends that if this policy is approved, it go into affect one vear from date of adootion. All current employees will be notified in writing and through employee meetings. All affected retirees will immediately be notified by mail, allowing them sufficient time to make any necessary arrangements. Action Required by Council: Consider approving ordinance to change the City of La Porte Medical Plan as it pertains to retiree medical coverage. Availability of Funds: - General Fund_ Water/Wastewater _ Capital Improvement_ General Revenue Sharing - Other Account Number: N/A Funds Available: - YES - NO _.._~..,.. - APoroved for ~ l" .Ji'/,tf , ~T. /n e ity Ma ger e e ORDINANCE NO. 99-1~t, , AN ORDINANCE ADOPTING AN AMENDMENT TO THE CITY OF LA PORTE MEDICAL PLAN; BY PROVIDING FOR THE TERMS AND CONDITIONS OF RETIREE MEDICAL Cuy..:.AAGE; PROVIDING AN EFFECTIVE DATE OF SAID AMENDMENT; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 10 The City of Medical Plan is hereby amended, by adding the terms and conditions of "Retiree Medical Coverage" in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. section 20 The "Retiree Medical Coverage" provisions, as contained in this Ordinance, shall be effective January 1, 2001. section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance or amendment of the City of La Porte Personnel Policy Manual hereby adopted, shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, or said Personnel POlicy Manua 1 , and it is hereby declared to be the intention of this city council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required Gf'l ' cl. 3 b Cj e e by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 5. This Ordinance shall be effective January 1, 2001, and it is so ordered. PASSED AND APPROVED, this 13th day of December, 1999. CI,~ OF LA POR:.i By: ~~~~ N rman L.- M"alo'k, Mayor ATTEST: ~4tk- J/d(/d a tha A. ~Gillett, City Secretary /1 /1 // A~: tJ II .U~~ ~ , ~~~ Knox W. Askins, City Attorney y 2 EXHIBIT A eETIREE MEDICAL COVERAGE e ELIGIBILITY Medical Plan shall be changed as follows: "You may also participate in this plan if you are a retiree of the City of La Porte receiving retirement annuities as a qualified annuitant under the Texas Municipal Retirement System or retireE! in a~cordance with the City sf !...c: Porte porsen:1el poli~{~: and have campi eted at least ~..li!1~!~I~."9.~,~~~,~.~!!Y~,,x~ars of>.~.~rvi~".~,~!~"..~,~,>P orte im rry,~,9.L~,!~.!X" prior to retirement. ml~~mif.m"J1!llijj!ggltl;~li@fJlI~;~l!i~Y~USUQjD.~_tjY@~Me.at~tm i,e.fflf:iiji. €Hgitili~y for Medicaid cr t~:; :-Eceipt of Modicoid benefits will nat-S~ tc:l~en into aCCOU:1t in aetef:-':1i:1ing eligibility. PREMIUMS The City of La Porte utilizes a self funded medical plan so there are no formal premiums paid for health insurance. Each year, during the budget process, an amount is determined for each employee to cover claims and administration of the medical fund. The current amount is $4,500 per employee. Costs to the retiree shall be based on a three tier plan: Iff"w""j' "'Jer'. . t..t.;:.....:...n~!...;~ The first tier shall be based on a point system consisting of a combination of age and continuous years of service with the City of La Porte. Qualification for this coverage requires age and years of service to total at least 80. The City will pay 100% of coverage for eligible retirees. The retiree shall be responsible for paying for dependent coverage at the active employee rate. Example: New hire at 20 years of age - Qualifies at age 50 with 30 years of service. New hire at 40 years of age - Qualifies at age 60 with 20 years of service. Retiree Medical Coverage Page 2 e e mfjll\~ <<->>'. >>>>:0:' The second tier will be utilized for retirees not meeting the eligibility of the first tier. The percentages paid by the retiree shall be based on the budgeted amount discussed in paragraph one of this section. Continuous Years of Service with La Porte Retiree Cost City Cost At least 10 but less than 15 70% 30% At least 15 but less than 20 60% 40% At least 20 but less than 25 50% 50% At least 25 but less than 30 25% 75% At least 30 0 100% Dependent coverage shall be charged at the active dependent rate. II"';:" $l'e .~a. ~ . ," ^ Any employee meeting the eligibility requirements for disability retirement under the Texas Municipal Retirement System Act shall be eligible for medical benefits, provided they have worked for the City of La Porte for five (5) continuous years. Costs associated with retirement under this tier shall be the same as Tier 2, with the addition of: At least 5 but less than 10, retiree cost shall be 75%. Dependent coverage shall be charged at the active employee rate. . Eligible dependents include: your lawful spouse who is legally married to and living with you; natural children; stepchildren; children who, before reaching the age of 18, are either adopted by your or placed in your home for adoption; or other children for whom you have care, custody and control under court decree. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 19, or until age 25 if enrolled as a full- time student in a university, college, vocational or secondary school. A dependent child under the age of 25 who has graduated from a university, college, vocational or secondary school but has not become gainfully employed will be covered for an additional 2 months from graduation. e . e e REQUEST FOR CITY COUNCil AGENDA ITEM Agenda Date Requested: December 13. 1999 Requested By: Oouo Kneuooer~,.... Department: Plannina Agreement Resolution X Ordinance Exhibits: Ordinance Industrial District Agreement Area Map IIII ,_. " .iiI;j., UI. 1.1 SUMMARY & RECOMMENDATION Dolima Properties, L.P., has recently purchased property along Baypark Road in the City's Bayport Industrial District. The property was formerly covered by a 1993 series Industrial District Agreement (IDA) with ARCO Pipeline Company that will expire on December 31, 2000. This IDA is fully assignable to the new property owner, Dolima Properties, L.P. It has been the City's practice to enter into separate IDAs with new property owners. By doing so, this will help clarify the situation for our Industrial District appraiser and also simplify our record keeping. The new IDA with Dolima Properties, L.P. will expire on December 31, 2000 as would the previous IDA. Additionally, Dolima Properties, L.P. is seeking a Water Service Agreement with the City and the Industrial District Agreement is a required component for water service in the industrial district. Action Reauired bv Council: Consider approval of an ordinance authorizing the City to enter into an Industrial District Agreement with Dolima Properties, L.P. ., Availability of Funds: N/A - General Fund - Water/Wastewater Capital Improvement - General Revenue Sharing - Other Account Number: Funds Available: YES NO .... I ~ ~, Aooroved for Citv Council Aaendl\ (1<T ~ 1 ~.<6''l'l -- Robert T. Herrera DATE City Manager '. 4.. e e ORDINANCE NO. 93-IDA-55 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH DOLIMA PROPERTIES, LoPo, FOR THE TERM COMMENCING JANUARY 1, ~ ~ ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PRO ~S\O RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING .AN EFFECTIVE DATE HEREOFo BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 10 DOLIMA PROPERTIES, L.P. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1999, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 20 The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 30 The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. e e ORDINANCE NO. 93-IDA-55 PAGE 2 section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of December, 1999. CITY q~ LA PORTE ~-'''i ...' /:/0/ -!) ~ By: / /J III /f.{...../::. .. ~ ~ Norman L~ Malone, - Mayor ATTEST: '-ffl ()A JiJev () - )j / LIhi Mar'tha A. Gilrett City Secretary cJ ~) . "" t "''''''~.,$~. .". ..' ~ ~ .~ ~::i:~"( '~.,... ',~. ~ ..t:~ .:r.J -'~~ " .., 1 ' ~'.;'~' " ... :;1- ._' . p.: '_ ''E '" ..,;' '11- (_ ';, ' ,,1' 7- .... ,- " , ',' , ~, , ~l"j~' · "/-"" · . . , "j At~ ~~. I . \. r 'W'", "..,- ...--......~"'"-~.,, .. " .~ .""""'_.~----~.~ '.1 \ ~, ~ 4"~__....",,, ? ~~1"4'?~""'~"'~"'~~~~'~~ r"~~~~~"""~,,, t';~'" W....,""'<;-i1\ ." < .. ',., " "' .,. .1 ....----.",: .~. ....., 1- .' .__ ...,.. ....""' _~..-"'" '.' 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I , , , e e NO. 93-IDA-55 { { STATE OF TEXAS { { COUNTY OF HARRIS { INDUSTRIAL DISTRICT AGREEMb"~ This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and DOLIMA PROPERTIES, L.P. , a Texas limited partnership, hereinafter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas" , hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: Revised: Octobar 22, 1993 e e I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the un annexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the un annexed area shall be conducted by City, at City's expense, by an independent appraiser of ci ty' s selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. 2 e e III. A. On or before April 15, 1994, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2000, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form. The properties which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "Property"). A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 1994, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2000, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). D. Company agrees to render to City and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. (a) Fifty percent (50%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 1994, January 1, 1995, and January 1, 1996, had been within the corporate limits of City and appraised each year by City's independent appraiser; and (b) Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to city if all of the Company's Land and improvements which existed on January 1, 1997, January 1, 1998, January 1, 1999, and January 1, 2000, had been within the corporate limits of City and appraised each year by City's independent appraiser; and 3 e e 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 1993, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser. (b) A Substantial Increase in value of the Land and improvements as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 1993; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing property values have depreciated below the value established on January 1, 1993, an amount equal to the amount of the depreciation will be removed from this calculation to restore the value to the January 1, 1993, value; and 3. (a) Fifty-percent (50%) of the amount of ad valorem taxes which would be payable to city on all of the Company's tangible personal property of every description, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 1994, January 1, 1995, and January 1, 1996, had been within the corporate limits of City and appraised each year by the City's independent appraiser; (b) Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of 4 e e said tangible personal property which existed on January 1, 1997, January 1, 1998, January 1, 1999, and January 1, 2000, had been within the corporate limits of City and appraised each year by the City's independent appraiser. with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2000, and continuing thereafter until December 31, 2000, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2000, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on city in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. v. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of 5 e e taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by city pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1- A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbi trator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all 6 e e relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annotated Revised civil statutes of Texas). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company' s successors and assigns, affiliates and sUbsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If city enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. This Paragraph shall not apply to any Court ordered extension of the term of the Agreement ordered in Southern Ionics, Inc. vs City of La Porte, civil Action H-89-3969, United states District Court, Southern District of Texas. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. 7 e . without such agreement neither party hereto would enter into this Agreement. In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2000. DOLlMA PROPERTIES, L.P. By: ~bo ?J~ DOUGLAS~ALT General Partner Address: 1910 Tower River Court Houston, TX 77062 - ATTEST: . .C Y OF LA P~~T~ IJH/M~ fJ. /IA fIlii ,. VI. ~//, ~ ..- APPRO-,VED: .... ../'/ ~orman L~ ai~e Mayor ti{~.~~L' By: G~ T. ~ Knox W. Askins Robert T. Herrera City Attorney City Manager City of La Porte P.O. Box 1218 CITY OF LA PORTE La Porte, TX 77572-1218 P.O. Box 1115 La Porte, TX 77572-1115 Phone: (713) 471-1886 Fax: (713) 471-2047 8 - e e EXHIBIT "A-l" TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS, AND DOLlMA PROPERTIES, L.P.. 1. City and Company agree that the real property of Company, more particularly described on Exhibit "A" of this Industrial District Agreement, is presently unimproved, and unannexed to the City, except for existing "strip" annexations, if any. City and Company further agree that Paragraph I hereof is hereby amended, to provide that during the term of this Industrial District Agreement, and for such period of time that said real property remains unimproved, that City will not annex said property; provided, however, City reserves the right to conduct "strip" annexations as may be required by law in connection with annexation of land other than that owned by Company. Company agrees to render to City and to pay as "in lieu of taxes" on Company's said unimproved land, an amount equal to the sum of 100% of the amount of ad valorem taxes which would be payable to City if all the hereinabove described property of Company had been within the corporate limits of City and appraised each year by City's independent appraiser. 2. The provisions of the preceding paragraph hereof shall remain in full force and effect during the term of this Industrial District Agreement; provided, however, at such time as Company commences improvements to Company's hereinabove described real property, Company shall be entitled to pay an amount "in lieu of taxes" on Company's land, improvements, and tangible personal property on the above described property, in accordance with Paragraph III of this Industrial District Agreement. 3. Company agrees that the real property of Company herein described shall not be used as a site for commercial hazardous waste incineration, i.e., incineration of hazardous wastes generated offsite; provided, however, city does not waive its rights reserved under Paragraph I of this agreement. 4. Except as amended by the terms and provisions of this Exhibit "A-1" , the terms and provisions of the Industrial District Agreement, to which this Exhibit "A-I" is attached, shall remain in full force and effect for the term of this Agreement, expiring December 31, 2000. ENTERED INTO effective the 1st day of January, 2000. DOLlMA PROPER~ES, ~.~~ By: ~~ WIVf7t DOUGLAS W~T General Partner Address: 1910 Tower River Court Houston, TX 77062 e e "EXHIBIT A" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND DOLIMA PROPERTIES, L.P. (Metes and Bounds Description of Land) 9 , " r I ,'L 'w>DATASUR~1(S, 1l"tte. ~ DON DENSON . - Registered Professional Land Surveyor , .r ' : ! . . File No. 99-002 :: :"July 23, 1999 . ,. }\fETES AND BOUNDS DESCRu .l.lON: 29.5749 ACRE TRAct. " A tract ofland containing 29.5749'acres out of a 62.9303 A~ Tract being part of and out of tile residue of called Tract ~ (117.281 Acre Tract) as described in County . Clerk's File R276416 of the Official Public Records ofRea1 Property of Harris County, Texas,(OPRRPHC), and being part of and out of tile William.M. Jones Survey, Abstract No..482 and the G. B. McKinstry Survey, ,Abstract No. 47, in Hams County, Texas; said 29.5749 acres being more partic~ly descn'bed by metes and bounds as follows: . . .. . ."_.. ..BEGINNING at the SoutheaSt, comer of said Tract II, same being the Southeast comer of said 62.9~03 Acre Tract, on the westerly line of Bay Park Road (100 feet wide), from which a found 5/8-inch iron rod (capped ,",ul'..erweld rpd marked #2827) bears witness at S 08 deg. 39' 37" E, a distance of 1.60 feet; . , .. THENCE, S 87 deg. 31' '40" W, along the southerly line of said Tract II, for a \ '. distance of 1,399.91 feet to 5/8-inch iron rod set for comer; THENCE, N 02 deg. 27' 59" W, for a distance of912.31 feet to a 5/8-inch iron rod set for comer; .. .' THENCE, N 8~ deg. 52' 3T' E, for a distance of 1,400.00 feet to a 5/8-inch iron rod set forpomer, on the westerly line of Bay Park Road (100 feet wide); THENCE, S 02 deg. 27' 59" E, along the westerly line of Bay Park Road (l00 feet wide), for a distance of 928.22 feet to the POINT OF BEGINNING, ofa tract containing , 29.5749 acres ofland. Date: .:1. &J-' , Don Denson, Registered Professional Land Surveyor No. ~068; STATE OF IhJCAS .~ P.O. Box 890027 . Houston, Texas 77289.0027 ~ Office: (713) 643-8585" Fax: (281) 332.0950 ~~.ii e e "EXHIBIT BIO TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND DOLIMA PROPERTIES, L.P. (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) 10 ... '.. " Ir:~~' ", 1Iliilo",>~~ . ~iollIllIIIft,~ ~-4'~'. .:) ~: t;t)ft~-:~I:,''F'r:-<_-'~~r .i' <~ rr'{:-~l ~, .,~,~ '1"'" --! \,.....',T ~'"..~l j._ ,Ii [~ r . , I ), .'. t '" "~,' iJ ' '~'i'\ ,. .. I ~ i' , " , '. . · .;.., . . I '~:. ' ' . t> ~. i 8ft ' , '. . r . , , ~- . '; !.~ r,. \, ,~~ ~.~.,,- __r ~,~~~ _ . ...__>__"".._,..i -_...~~ - ~--___,.., ~ .\1. _.....~_ " ~"'4'-'~~~.~~~'i!ot~4'~~~r.-I'~~~ '"''(,t~~-;. -.c 0___ ~ ' ' - . '. , , . ~ -"""""'--.-", . ~ '. ...... , \-. r -..., " ,... """""+' .. -- ...,.-. .........~.... ...~......._...'" ,t'. """ - . " '1" t. ""'-,.. ~ :; ~ ./' ..... r , -., ."'~ .. , "~Il. '..'. ' . i( .f - .-. # ;' .' l' r ~'1'''J':'' .. , .0:,. ~ .>":~;~.'.' ." :fH.~ \a~', \ ( '~I I , ; ,." , .'C' '. . .'. 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'. _*".. papcny (the "'P,..,-l)'"").aawn t.nIaa.. (b) IIIdt ~"\SU . ...-...-.1 by 111I: ~'''''. ". ar,~biI""I'.' .'.Jaa; (C)UI-"'"'-".~ Jibown:beftaa.1ICbIIIIIy ailI&.,a1Ml the b.AI~. _.-I ~ oflDalriaJ ~f are..........Jy shown; (d)_.. .....:.as showa ~ 1IBoare1lO visibic encroac:bmc:aI: GIIIO the P\~ Dr' proausians .:. _ -3wu. '*-e are DO visible ~ m'" I" -Gr.. ~ of-way on tbe r., ',' .,}.-d th.a.-e1M) visib~ dis.. """"""":,':'''' conl1icls.lhona&a in.. ar bo--...wy IiIIIc ~ftirt-_..",...as ~ J1creoa. (e)1DlU1ZII:.10CIIi0n _hype ofimpro "". .....L are......"..... and _ aU.-c Jac8Ied widain Il'nJe b~ Jrtbc~ '" "'.l.cher blIck.hrn the r .~ ''''. lineatl .. IJI~......cm . '~c.,'\ jndi--t (I) die .......eo.,... .---~B .1. . _ or ra.t isauhown; (h) ....._4l.d . n n I 4~ haw: *-i ...... . "':/'~ hcnlan. and (i)1Dc hno~ -. diD.....;.,.lIDd odIcr cia..:" -"", .... ..", . .....311: QUeaad ......ru-... . "'San.,... ~ Tb' +- ~ -..... ,. (b).bacb 6andcr aaditdeC~ -'- .11-' .-idcd1o.nd,__ d1ia~aI'~ -4--"'''''' ~ l :..a (4:) !be ~...L ~'''''.fD:IJa.,...... ~:::J': ~..4~ --:~~--"'~'of.:b.---,. -..18 belllid. ill... fbr1heb8rl8t:afl.mdJlo : t. ~ SlId". c.......-r _la.-i ~.,4.' - af'1bDir reIiIacc baam. ". . ..:~ - -:- ., CACCU I c.U tllIis'23rddly of July. 1999. ReaL..... - J ionaI Land Surveyor No. 2068 STATE OF TEXAS :I SURVEY '- OF PARTITION OF ~ 29.5749 ACRE TRACT OUT OF THE ~~ WILLIAM M. JONES SURVEY. A - 482 & ~~>~~__\ GEORGE B. McKINSTRY LEAGUE. A -- 47. _n'_. -'-_. . ~ .-....,.. ~~ - - - - - - - . . HARRIS COUNTY. TEXAS Plat 18aal8 of DEED CALLSI 1\. ,'. ... 97 - 08J Scale: 1. c 100' Becrlnoa: PRUlA SURVEY File: 99 -' 002 - -:- i.~ . . ~.Sur" . ,- j 9y : :"../IL t_ll. . ,By: C.A.H. t Checked By,: D.O. . FILE NO.~~ _A e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 13. 1999 Requested By: Doua Kneuooe4/ Department: Plannina ; Agreement Resolution X Ordinance Exhibits: Ordinance Water Service Agreement Policy Providing Water to Industries within ET J Area Map SUMMARY & RECOMMENDATION Council has previously approved a policy for provision of potable water service to companies outside the corporate city limits that have current Industrial District Agreements with the City. Dolima Properties, L.P. wishes to pursue water service under the terms and conditions offered by the City. Based on 75 on-site employees, the average daily demand is estimated to be 3,750 gallons. In addition, the applicant is requesting 1,096 gallons per day (averaged from 400,000 gallons per year) to maintain and test its stand-by fire suppression system tank. Dolima Properties, L. P. will pay one and one-half (1- %) times the City's current rate. The term of the Water Service Agreement is for five (5) years, plus any renewals and extensions thereof. However, the Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if the city exercises the right of termination. Based on the average daily demand (domestic + fire protection uses), the applicant is subject to an administrative connection charge in the amount of $9,692.00 that has been paid to the City. In addition, the applicant has submitted payment in the amount of $17,905.36 to be forwarded to Akzo-Nobel as reimbursement for the installation of the 8" waterline along Bay Park Road that occurred in 1995. Dolima Properties, L.P. will tie onto a water main that is existing along the west side of Bay Park Road. Staff recommends approval of the Water Service Agreement submitted. Action Reauired bv Council: Consider approval of an ordinance authorizing the City to enter into a Water Service Agreement with Dolima Properties, L.P. Availability of Funds: N/A ~ , I.;l,; I -' ,Aporoved for City Council Aaenda ~~ 1. H-~ \')..- q-q,\ Robert T. Herrera DATE City Manager e e ORDINANCE NO. 99-1370 AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BE...~_.6EN THE CITY OF LA PORTE AND DOLIMA PROPERTIES, L.P., FOR PROVISION OF POTABLE WATER SERVICE; 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: section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e e ORDINANCE NO. 99-1370 PAGE 2 PASSED AND APPROVED, this 13th day of December, 1999. C:r v OF LA PORTE ."/ By: /;,i~~ /l'!~_ ~orman ~ Malo .. , . Mayor ATTEST: vfrlllllilllL (). J/dffii Mattha A. Gillett City Secretary e e STATE OF ldAS ~ COUNTY OF HARRIS ~ WAltK SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and "DOLlMA PROr~lWS, L.P.", a limited partnership, hereinafter called "COMPANY". I. COMPANY is the owner of certain real property which is situated in l;tl {'S Battleground Industrial District or Ba}pvJ.l Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: ill. COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of potable water for limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. e e 2 Upon review of these representations, the City has detennined the following: Number of Company Employees on site 75 Number of Contract Employees on site 0 Total on-site Employees 75 Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) 3.750 Potable Water Approved for Industrial Processes (gpd) 1.096 Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) 4.846 IV. CITY has determined that adequate facilities are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of $ 9.692.00 (B) Potable water used for Industrial Processes shall be limited to the following processes: 6" Ta!l. Metered 400.000 2:allon Stand-bv Tank for back-un Fire Prevention Svstem (tested auarterlv): standard vault and ~ backflow nrevention to be used. (C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (D) Where applicable, COMPANY shall also pay to CITY $ 17.905.36 as a pro-rata reimbursement for installation of utility mains funded by other parties. (E) The total amount of potable water approved (average daily demand) is established at 4.846 gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY, plus any amount approved for industrial processes. e . 3 (F) The average monthly demand of _ 147.803 gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (G) The cost of water up to the average monthly demand of 147.803 gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (H) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (1) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of 147.803 gallons. Repeated consumption greater than the established average monthly demand may result in termination of service. (J) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (K) CHi reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (L) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (M) COMPANY agrees that it shall be bound by all applicable ordinances of LUI, relative to the furnishing of potable water to customers within the corporate limits of ~ll I. (N)All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CII i plumbing code requirements. LII i' S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). LII I plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. e e 4 (0) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (P) The potable water supply system will be segregated r~VUl any existing and future COMPANY Stand-By Fire Protection System. (Q) There shall be no resale of the water provided by ell f, nor any extension of service lines by COMPANY to serve other parties. (R) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. CITY will have ownership and maintenance responsibility for its water mains, and service lines up to and including CITY'S water meter. In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VIT. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. vm. e e 5 Lll f reserves the right to terminate this agreement in the event of violation of the terms and }'~u.tisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of AC1"-ment. ell f shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to .,l(,yare for transition to another water supply. If the transition is not complete within said six-month period, CITY shall have the right to terminate water service at its sole discretion. X. In the event of any conflict between the terms and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service AC1",ment shall control, to the extent of such conflict. The term of this Agreement shall be for five years plus any renewals and extensions thereof. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if Lll f exercises its right of termination. E1'll bKED INTO effective the /3-#- day of Pf~M 6e12.. ,1999. Dolima Prooerties. L.P. Company By: ~k,~~ Name: Mr. D~e:las Walt Title: Presid nt. Dolima Prooerties I. L.P. Address: 6666 Mvkawa Road Houston. Texas 77033 e e 7 This is EXHmIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between LII i and COMPANY dated , Initial: CITY ~4 COMPANY /f)IAJ ADDmONAL REOUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMP ANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Fire Hydrant Installation: COMPANY shall provide for the installation of a fire hydrant at a point along its frontage to Baypark Road. Final location and fire hydrant type to be approved by CITY. e e 6 CITY OF LA PORTE AIT.bST: ell i 2J~~:~ . ' -Md~(}J/~ By:.' :Hrr J;-- Mahha A. Gillett ~an . ~~one ;' I City S~M';-tary Mayor ~: L G<~ T. ~ ~t0~.~ By: Knox W. Askins Robert T. H.;-u ';-lel. City Attorney City Manager City Attorney City of La Porte PO Box 1218 PO Box 1115 La Porte, TX 77572-1218 La Porte, TX 77572-1115 Phone: (281) 471-1886 Phone: (281) 471-5020 Fax: (281) 471-2047 Fax: (281) 471-7168 e e AprlI7,1999 Psge1of5 REQUESTS FOR POTABLE WATER SERVICE AND/OR SANITARY SewER SERVICE OUTSIDE THE CITY OF LA PORTE FOR COMPANIES WITH AN INDUSTRIAL DISTRICT AGREEMENT I. General: Requests for water and sewer service outside the city limits of La Porte and within our extraterritorial jurisdiction (ET J) shall: III be initiated by formal application supplying the information on the attached. III be considered and approved by City Council on a case by case basis. III require the owner of the property to execute an Industrial District Agreement with the City. m require the owner to execute a Water and/or Sewer Service Agreement with the City. Additionally, depending on circumstances, the applicant may be required to execute a Utility Extension Agreement with the City. 1. Requests for water and/or sewer service will fall into one of two categories. . Sanitary and/or domestic needs where the estimated and contracted demand is equal to or less than the number of employees at that site times 50 gal/person/day. . Water and/or Sanitary Sewer demand is greater than the 50 gal/person/day, but less than a total demand of 30,000 gal/day. 2. . Miscellaneous Requirements and Restrictions: . The City Council may also require additional requirements and restrictions as they see fit. These additional restrictions will be listed in an Exhibit "A" to the Water Sewer Service Agreement. . Specifically, in certain cases to promote various objectives, features or policies of the City the Council may require: - e e AprlI7,1999 Page 2 0'5 1II information on the proposed usage of the property. III certain setbacks, lot coverage, landscaping, bc:""s, etc. for protection of adjacent property and visual enhancements along public roadways. . additional development requirements might include pedestrian sidewalks, decorative fencing and screening. II installation of fire hydrants to improve the firefighting capabilities of an area. II for new development, the projects stormwater management plan shall be coordinated with and approved by the City and Harris County Flood Control District. 3. For proposed developments that will be subdivided into multiple lots and end users. III The applicant will be asked to provide as much information as possible to assist in the implementation of these policies including but not limited to surveys, proposed lot layout, driveways, streets, etc. Total projected water and sewer demands of the entire development. II However, each individual end user will be required to execute separate Industrial District Agreements, Water and/or Sewer Service Agreements and when necessary, a Utility Extension Agreement. II. The proposed user shall supply the following information in writing: 1. Statement of utility demands including as a minimum: 0 Average day demand for potable water 0 Peak day demand for potable water 0 Minimum working pressure requirements a Processes water will be used for (if applicable) 0 Average day demand for sanitary sewer 0 Peak day demand for sanitary sewer c Processes contributing to sanitary sewer (if applicable) c Number of regular and contract employees which shall be reviewed and approved by the City. . e April 7, 1999 Page 3 of 5 2. Certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. In addition, the City may require the site plan to demonstrate that certain miscellaneous requirements and restrictions discussed in Section I paragraph 2 will be met. 3. The project's stormwater management plan shall be coordinated with the City and Harris County Flood Control District. The City and HCFCD may require the combining of some stormwater systems to achieve a higher overall effectiveness. III. The City will determine availability of adequate utilities based on the number of employees (regular and contract) onsite times an average day demand of 50 gallons per day per employee, and/or the stated quantity of water and/or sanitary sewer for processes. Total combined water demand shall no.t exceed 30,000 gallons per day, total combined sanitary sewer demand shall not exceed 30,000 gallons per day If adequate utilities are available, the provisions outlined in Section III shall apply: If adequate utilities are not available, potable water service shall not be recommended unless special provisions are made and approved for a utility extension of proper size to meet the present and the projected demands for municipal water service in the area. All proposed extensions shall meet the City's policy for a Utility Extension Agreement, which requires: II The Company to secure all necessary easements, rights-of-way, permits, etc.. at no cost to the City. . The dedication of utility line to the City as well as other provisions. N. Requests for potable water service by users outside the city limits of La Porte shall be subject to the following conditions: 1. Must have City Council approval. . City determines locations. line sizes and approves plans. . No outlay of City funds. other than administration of contracts and policies. . lines to be installed in easements if installed in rights-of-way, Industry would be responsible for future relocation expenses. e e Apr117, 1999 Page 40(5 2. Requires that City water be used for human consumption, washing, etc., and/or limited process water with specific approval of City Council. 3. Where required by the City (mandatory for all process type plants) a reduced pressure zone backflow preventor must be installed to protect the City from any possible cross connections. 4. When required by the City, a meter bypass will be installed. 5. All plumbing shall be permitted and shall meet applicable State and City code requirements. The City shall have the right to inspect any and all work related to the furnishings of potable water to the user. 6. The proposed user of potable water shall pay a one-time connection fee of $100.00 per employee, with a minimum of $5,000.00 and a maximum of $15,000.00. If the users total water demand is greater than the average day demand of 50/gal/employee/day, the one time connection fee shall be $2.00/gal times the total potable water demand approved with a minimum of $5,000 and a maximum of $15,000. 7. The user shall pay 150% of the water rates in effect for users within the corporate limits of the City. For water usage in excess of the average day demand, the user shall pay 200% of the water rates in effect for users within the corporate limits of the City. 8. The user shall enter into a contract with the City outlining the provisions for potable water service outside the corporate limits of the City. 9. Exceptions: . Prior contracts or commitments made by the City. . City Council has right to review, modify or enter into other agreements, as it deems necessary. V. Requests for sanitary sewer service by users outside the city limits of La Porte shall be subject to the following conditions: 1. Must have City Council approval. . City determines locations, line sizes and approves plans. e e April 7, 1999 Page 5 of 5 . No outlay of City funds, other than administration of contracts and policies. . Lines to be installed in easements .Q[ if installed in rights-of-way, Industry would be responsible for future relocation expenses. 2. Requires that sanitary sewer be generated by typical human sanitary uses, washing, etc., and/or limited processes with specific approval of City Council. . 3. All plumbing shall be permitted and shall meet applicable State and City code requirements. The City shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to the user. 4. The proposed user. of sanitary sewer shall pay a one-time connection fee of $100.00 per employee, with a minimum of $5,000.00 and a maximum of $15,000.00. If the users total sanitary sewer demand is greater than the average day demand of 50/gal/employee/day, the one time connection fee shall be $2.00/gal times the total sanitary sewer demand approved with a minimum of $5,000 and a maximum of $15,000. 5. The user shall pay 150% of the sanitary sewer rates in effect for users within the corporate limits of the City. For sanitary sewer demand in excess of the average day demand, the user shall pay 200% of the sanitary sewer rates in effect for users within the corporate limits of the City. 6. The user shall enter into a contract with the City outlining the provisions for sanitary sewer service outside the corporate limits of the City. 7. Exceptions: . Prior contracts or commitments made by the City of La Porte. . City Council has right to review, modify or enter into other agreements, as it deems necessary. , ,. A-.; ~ ., ,.~~~_,-~t. -~ _ ., t, ~"'''''1 :.'A'I'-':: , ";' -, ~. ,,>,."')" ~!e"i~.,", , .' 1 0-'. . ","'iJ ' .. - >' ..w - . · ~ ". ,_",' .,:,;;~.,;.." . .''''l''''f -.' ,- ~ "..em""'" 1 ' ,.,.' · ,.,-~ . >.' .""".... '-~~'''''''., ., "(Jj ':- " ' . I 1 f"~'"'''<;;~~''' .' .....,- ","",. ~" " ',' .. ',' '~'._ :..i ';1' ,..,iii" ' ,^ ,i1,' ~...'~.. ., . -.. .'~., .. ' . . ~ . ......~_ .. I, ' '~.. ,',.' ~ ~ ... .... c- ~ ,..<;'__' _ ," fl " ....- - .' . .. '-." ,. '-.." . .' o'~: ' ......., ! "~.' ,....... < j f . i 0 ';, , . ~ .; -.. ' . .........-. ' .' . , . .~ I . ~~ . . ' ,:;,{ " ' , ,~~.," I , l ; J:' ::: ',\'.~' d ' ' ' ;1 ' I · . j . , . ' ' " .. . ! . ....... .0' .} :.. , _ .. ,,_ ....,--- ..,~' ~.' J' ,... t .., "', . ~J, .' . .....~ . . ., ~j~\: .. ". ._~, '~~ ~~\. .;~ ~; 1 · -::-. ..", ~~~;~.., .<:; '\, , '~ ; _;' t ." " _, ' ,.'. I . . ' , ..~:I"~ '1 '".: .~... i .. , 4" '.-:rt-, ,r' ~. f 1..; ", c:. ..' t;. :[ ,<-~,\ u .p "" . .f ~ ., 'i ::":", ;....--....:...... . '.....,/- . ". ., ". 0 t . " i. f' .. '" ' .. ".. ' .,-.: .. ..' ..' ,...~ . . '. ; ...._.T .." . " . . " I - . ~ i ; , r" ." ",,' ) ...> , '- " \ . ,. ~ J ' I , j e . REOUEST FI. CITY COUNCIL AGENDA ITEM- ,I" I .4'" I} , Agenda Date Requested: 12-13-99 Requested By: Paul R. Hickenbottom Department: Fire Marshals' Office Report Resolution XX Ordinance Exhibits: 1994 Standard Fire Code - Chapter 3 - Section 301 (Recognized Standard and Publications) I:.,!, , Ji SUMMARY & RECOMMENDATION On August 11, 1999, The La Porte Fire Code Review Committee Reviewed and Approved the update revisions to Chapter 3, Section 301 of the currently adopted Fire Code. These updates will allow the Fire Code to stay current with Nationally Recognized Standards. Action Required by CouncU: Review and then approve by Ordinance, the requested code update. Availability of Funds: - General Fund_ WaterlWastewater _ Capital impJl"ovement_ General Revenue Sharing - Other Account Number: Funds Available: - YES - NO Ill:. I, ". ,;,,~., ......1 II , ADD roved for City Council Aeenda ~T.~ \1.-8"'" R.obert 'f. Herrera Date City Manager ". . . . -e. ORDINANCE NO. 99-2221-A AN ORDINANCE AMENDING LOCAL AMENDMENTS TO THE ADOPTED FIRE CODE OF THE C~TY OF LA PORTE, BEING THE STANDARD FIRE PREVENTION CODE-1994 EDIT~ON, BY AMENDING CHAPTER 3 OF THE LOCAL AMENDMENTS TO SAID CODE-RECOGNIZED STANDARDS AND PUBLICATIONS; PROVIDING A PENAL TY FOR TIHE VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EIFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 3 of the previously adopted local amendments to the Standard Fire Prevention Code-1994 Edition, heretofore adopted as the official Fire Code of the City of La Porte in Section 38-101 of the Code of Ordinances of the City of La Porte, attached to this Ordinance as Exhibit A, are hereby adopted by the City Council of the City of La Porte, Texas, replacing previously adopted Chapter 3 of the local amendments to the Code previously adopted. Section 2. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding $2,000.00. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any fire code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. . f- e -e. Ordinance No. 99-2221-A Page 2 Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, , such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the- intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 5. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the ~ day of f) l?.fhtI~( ,1999. CITY OF LA PORTE ,.. e -_ Ordinance No. 99-2221-A Page 3 ATTEST: <~/~t );tiM' Mart a Gillette, City Secretary APPROVED: . . e e 1994 STANDARD FIRE CODE AMENDMENTS cont. PAGE 6 OF 28 CHAPTER 3 RECOGNIZED STANDARDS AND PUBLICATIONS 301 GENERAL Revised to read: NOTE: The only modifications to this chapter is the revision of the NFIPA (National Fire Protection Association) standards and the adoption of the Railroad Commission of Texas regulations. Where provisions of the Code do not apply to specific situations involving the protection of life and property from the hazards of fire, smoke and explosion, compliance with nationally recognized standards or publications listed in this chapter, when not in conflict with provisions of the building code, shall be evidence of compliance with this code. NFIP A: 10 Portable Fire Extinguisher, 1998 11 Low Expansion Foam & Combined Agent Systems, 1998 llA Medium & High Expansion Foam Systems, 1999 llC Mobile Foam Apparatus, 1995 12 Carbon Dioxide Extinguishing Systems, 1998 12A Halon 1301 Fire Extinguishing Systems, 1997 13 Installation Of Sprinkler Systems, 1999 13D Sprinkler Systems In One & Two Dwellings and Mobile Homes, 1996 BE Fire Department Operations In Properties Protected By Sprinkler And Standpipe Systems, 1995 13R Sprinkler Systems In Residential Occupancies Up To & Including Four Stories In Height, 1996 14 Installation Of Standpipe & Hose Systems, 1996 15 Water Spray Fixed Systems, 1996 16 Installation Of Deluge Foam-Water Sprinkler Systems & Foam-Water Spray Systems, 1999 17 Dry Chemical Extinguishing Systems, 1998 17A Wet Chemical Extinguishing Systems, 1998 18 Wetting Agents, 1995 20 Installation Of Centrifugal Fire Pumps, 1996 24 Installation Of Private Fire Protection, 1996 25 Inspection, Testing And Maintenance of Water-Based Fire Protection Systems, 1998 30 Flammable And Combustible Liquids, 1996 30A Automotive & Marine Service Station Code, 1996 e e 1994 STANDARD FIRE CODE AMENDMENTS coot. PAGE 11 OF28 8503 Pulverized Fuel Systems, 1997 8505 Stoker Operation, 1998 8506 Heat Recovery Steam Generator Systems, 1995 Railroad Commission Of Texas Regulations For Compressed Natural Gas, 1994 Liquefied Petroleum Gas Safety Rules, 1994 Regulation For Liquefied Natural Gas, 1996 Elevator Code - New ASME/ANSII7.1-1996- Supplement (A) - 1997 Supplement (B) - 1998 (ORD.NO. 98-2222, ~ 2-9-98) (ORD.NO.) e e 1994 STANDARD FIRE CODE AMENDMENTS cont. PAGE 10 OF 28 496 Purged & Pressurized Enclosures For Electrical Equipment In Hazardous (Classified) Locations, 1998 497 Classification Of Flammable Liquids, Gases, or Vapors And Of hazardous (Classified) Locations For Electrical Installation in Chemical Process Areas, 1997 498 Safe Havens For Vehicles Transporting Explosives, 1996 502 Fire Protection For Limited Access Highways, Tunnels, Bridges, Elevated, Roadways And Air Right Structures, 1998 505 Powered Industrial Trucks Including Type Designations, Area Of Use, Maintenance & Operations, 1996 513 Motor Freight Terminals, 1998 560 Ethylene Oxide For Sterilization And Fumigation, Storage, Handling, And Use Of, 1995 650 Pneumatic Conveying systems Fore Handling Combustible Materials, 1998 651 Manufacture Of aluminum Powder, 1998 654 Prevention Of Fire & Dust Explosions In The Chemical Dye, Phannaceutical & Plastics Industries, 1997 655 Sulfur Fires & Explosions, 1993 664 Fires & Explosions In Wood Processing & Wood Working Facilities, 1998 701 Methods Of Fire Tests For Flame - Resistant Textiles & Films, 1996 703 Fire Retardant Impregnated Wood & Fire Retardant Coating For Building Materials, 1995 704 Identification Of The Fire Hazards Of Materials, 1996 750 Water Mist Fire Protection Systems, 1996 780 Lightning Protection Code, 1997 801 Facilities Handling Radioactive Materials, 1998 803 Light Water Nuclear Power Plants, 1998 804 Fire Protection For Advanced Light Water Reactor Electric Generating Plants, 1995 820 Fire Protection In Water Treatment Plants, 1995 850 Electric Generating Plants, 1996 851 Hydroelectric Generating Plants, 1996 909 Protection of Cultural Resources Including Museums, Libraries, Places of Worship, and Historic Properties, 1997 914 Rehabilitation & Adaptive Reuse Of Historic Structures, 1994 1122 Code For Unmanned Rockets, 1997 1123 Outdoor Display Of Fireworks, 19 1125 Model Rocket Motors, 1995 1126 Use Of Pyrotechnics Before A Proximate Audience, 1996 1127 High Power Rocketry, 1998 1192 Firesafety Criteria For Recreational Vehicles, 1999 1194 Firesafety Criteria For Recreational Vehicle Parks and Campgrounds, 1999 2001 Clean Agent Fire Extinguishing Systems, 1996 8501 Single Burner Boiler Operations, 1997 8502 Prevention Of Furnace Explosions/implosions In Multiple Burner Boilers, 1999 e e 1994 STANDARD lFIRE CODE AMENDMENTS cont. PAGE 9 OF 28 258 Research Test Method For Determining Smoke Generation Of Solid Materials, 259 Test Method For Potential Heat Of Building Materials, 1998 260 Method Of Tests & Classification System For Cigarette Ignition Residence Of Components Of Upholstered Furniture, 1998 261 Method Of Test For Determining Resistance Of Mock-Up Upholstered Furniture Material Assemblies To Ignition By Smoldering Cigarettes, 1998 262 Method Of Test For Fire & Smoke Characteristics Of Electrical Wires & Cables 268 Exterior Wall Assemblies, Test Ignition, 1996 269 Test For Developing Toxic Potency Data, 1996 302 Pleasure & Commercial Motor Craft, 1998 307 Marine Terminals, Piers & Wharves, 1995 312 Fire Protection Of Vessels During Construction, Repair Or Lay-up, 1995 327 Cleaning Or Safeguarding Small Tanks & Containers, 1993 328 Control Of Flammable & Combustible Liquids And Gases in Manholes, Sewers & Similar Underground Structures, 1992 385 Tank Vehicles For Flammable & Combustible Liquids, 1990 386 Portable Shipping Tanks For Flammable & Combustible Liquids, 1990 395 Storage Of Flammable & Combustible Liquids Of Farms & Isolated Construction Projects, 1993 402 Aircraft Rescue & Fire Fighting Operations, 1996 403 Aircraft Rescue & Fire Fighting Services At Airports, 1998 407 Aircraft Fuel Servicing, 1996 408 Aircraft Hand Fire Extinguishers, 1994 409 Aircraft Hangers, 1995 410 Aircraft Maintenance, 1994 412 Evaluating Foam Fire Fighting Equipment On Airport Rescue & Fire Fighting Vehicles, 1998 414 Aircraft Rescue & Fire Fighting Vehicles, 1995 415 Airport Terminal Buildings, fueling ramp Drainage, and Loading Walkways, 1997 418 Roof- Top Heliport Construction & Protection, 1990 422 Aircraft Accident Response, 1994 423 Construction & Protection Of Aircraft Engine Test Facilities, 1994 424 Airport/community Emergency Planning, 1996 432 Storage of Organic Peroxide Formulations, 1997 434 Storage Of Pesticides, 1998 480 Storage And Handling & Processing Of Magnesium, 1998 481 Production, Processing, Handling & Storage Of Titanium, 1995 482 Production, Processing, Handling & Storage Of Zirconium, 1996 490 Storage of Ammonium Nitrate, 1998 491 Hazardous Chemical Reactions, 1991 495 Explosive Material Code, 1996 e e 1994 STANDARD FIRE CODE AMENDMENTS cont. PAGE 70F28 30B Aerosol Products, Manufacture & Storage, 1998 31 Installation Of Oil Burning Equipment, 1997 32 Dry Cleaning Plants, 1996 33 Spray Applications Using Flammable & Combustible Material, 1995 34 Dipping & Coating Processes Using Flammable & Combustible Liquids, 1995 35 Manufacture Of Organic Coating, 1995 36 Solvent Extraction Plants, 1997 37 Installation And Use Of Stationary Combustible Engines & Gas Turbines, 1998 40 Storage And Handling Of Cellulose Nitrate Motion Picture Film, 1997 42 Storage of Pyroxylin Plastic, 1997 45 Fire Protection Of Laboratories Using Chemicals, 1996 46 Storage Of Forrest Products, 1996 50 Bulk Oxygen Systems At Consumer Sites, 1996 50A Gaseous Hydrogen Systems At Consumer Sites, 1999 50B Liquefied Hydrogen Systems At Consumer Sites, 1999 51 Design And Installation Of Oxygen-Fuel Gas Systems For Welding, Cutting & Allied Processes, 1997 51A Acetylene Cylinder Charging Plants, 1996 51B Cutting And Welding Processes, 1999 52 CNG-Vehicular Fuel Systems, 1998 53 Fire Hazards In Oxygen-Enriched Atmospheres, 1999 54 National Fuel Code, 1996 55 Storage, Use And Handling Of Compressed And Liquefied Gases In Portable Cylinders, 1998 57 Storage And Handling Of Liquefied Natural Gas, 1996 59 Storage And Handling of Liquefied Petroleum Gases At Utility Gas Plants, 1998 59A Production, Storage & Handling of Liquefied Natural Gas (LNG), 1996 61 Dust Explosions In Agricultural & Food Products Facilities, 1995 68 Venting Of Deflagrations, 1998 69 Explosions Prevention Systems, 1997 70 National Electrical Code, 1996 70B Electrical Equipment Maintenance, 1998 70E Electrical Safety Requirements For Employee Wok Places, 1995 72 National Fire Alarm Code, 1999 75 Protection Of Electronic Computer/Data Processing Equipment, 1999 77 Static Electricity, 1993 79 Electrical Standard For Industrial Machinery, 1997 80 Fire Doors And Windows, 1999 80A Exterior Fire Exposures, 1996 82 Incinerators, Waste & linen Handling Systems & Equipment, 1999 86 Ovens & Furnaces-Design, Location & Equipment, 1995 86C Industrial Furnaces Using A vacuum As An Atmosphere, 1995 88A Parking Structures, 1998 e e 1994 STANDARD FIRE CODE AMENDMENTS cont. PAGE 8 OF 28 88B Repair Garages, 1997 90A Installation Of Air Conditioning And Ventilation Systems, 1996 90B Installation Of Warm Air Heating And Air Conditioning Systems, 1996 91 Installation Of Blower & Exhaust Systems For Dust, Stock Removal or Conveying, 1999 92A Smoke Control Systems, 1996 96 Installation Of Equipment For The Removal Of Smoke & Grease-Laden Vapors From Commercial Cooking Equipment, 1998 97 Glossary Of Terms Relating To Chimneys, Vent & Heating Producing Appliances, 1996 99 Health Care Facilities, 1999 99B Hypobaric Facilities, 1996 101 Safety To Life From Fire In Building & Structures, 1997 101A Alternative Approaches To Life Safety, 1998 101B Means of Egress, 1999 102 Assembly Seating, Tents & Membranes Structures, 1995 105 Smoke Control Door Assemblies, 1999 110 Emergency & Standby Power Systems, 1999 111 Stored Electrical Energy Emergency And Standby Power Systems, 1996 115 Laser Fire Protection, 1995 120 Coal Preparation Plants, 1999 150 Fire Safety In Race Track Stables, 1995 170 Fire Safety Symbols, 1996 203 Roof Coverings & Roof Deck Construction, 1995 204 Smoke And Heat Venting, 1998 211 Chimney And Fire Places, Vents & Solids Fuel Burning Appliance, 1996 214 Water Cooling Towers, 1996 220 Types Of Building Construction, 1995 231 General Storage, 1998 231 C Rack Storage Of Materials, 1998 231 D Storage Of Rubber Tires, 1998 231E Storage Of Baled Paper, 1996 231F Rolled Paper Storage, 1996 232 Records, Protection Of, 1995 232A Archives & Records Centers, 1995 241 Construction, Alteration & Demolition Operations, 1996 251 Fire Test Of Building Construction & Materials, 1995 252 Fire Tests Of Door Assemblies, 1995 253 Test For Critical Radiant Flux Of Floor Covering System Using Radiant Heat Energy Source, 1995 255 Test Of Surface Burning Characteristics Of Building Materials, 1996 256 Methods Of Fire Tests Of Roof Coverings, 1998 257 Fire Tests Of Window Assemblies, 1996 e e I REOlUEST FIL:ll 'i COUNCIL AGENDA ITEMe ,. j 6, " Agenda Date Requested: ber 13. 1999 Requested By: John Joerns ,~ Department: Administration Report oJ X Ordinance Exhibits: 1. Ordinance No. 1I , i ~11]' I SUMMARY & RECOMMENDATION At the May 24, 1999 Public Hearing, City Council adopted Ordinance 99-2325 creating Tax Increment Reinvestment Zone Number One. This ordinance provides for a Board of Directors for the Zone. A Board position was reserved for taxing units levying taxes within the Zone. The ordinance further states that failure of III taxing unit to appoint a Director by January 1, 2000 shall be deemed a waiver of the right to appoint a Director and the City shall be entitled to fill the position. At the meeting on July 12, City Council appointed its 6 members to the TIRZ Board and La Porte ISD has appointed its member. On November 1, San Jacinto College District decided not to appoint a member to the Board. The District sent a letter declining their Board appointment since the District is not participating in the TIRZ. This allows the City to fill this position without having to wait until January 1,2000. Action Required by Council: Consider approval of an ordinance appointing a member of the Board of Directors of City of La Porte Reinvestment Zone Number One. f Availability of Funds: - General Fund - WaterlWastewater _ Capital Improvement_ General Revenue Sharing - Other Account Number: Funds Available: - YES - NO ~ I. oal " ADDroved for Citv Council Ae:enda ~\,~ \~<6.C(q Robert T. Herrera Date City Manager e e ORDINANCE NO. 99-1311 AN ORDINANCE APPOINTING MEMBERS OF THE BOARD OF DIRECTORS OF CITY OF LA PORTE REl:NVESTM..6.1.il... ZONE NUMBER ONE; FINDING COM.PLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby nominates and appoints the following persons to serve as members of the Board of Directors of the City of La Porte Reinvestment Zone Number One, for the term beginning on the effective date hereof, and expiring on the date opposite their names, or until their successor shall have been duly appointed and qualified, to-wit: position 1 - Peggy Antone July 12, 2001 Position 2 - Deotis Gay July 12, 2000 position 3 - Alton Porter, Chairman July 12, 2001 position 4 - Horace Leopard July 12, 2000 Position 5 - Guy Rankin July 12, 2001 position 6 - Lindsay R. Pfeiffer July 12, 2000 position 7 - David Webb July 12, 2001 position 8 - .ch~,~€r 'Pool July 12, 2000 Section 20 The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The Ci ty Council further ratifies, approves and confirms such written notice and the contents and posting thereof. e e section 30 This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of December, 1999. CITY,,pF LA PORTE ) ~ -~/ /)( By: / '/1Jl.1h.J7. ~~p- ./ Not1ria.n'L. 'Mal n Mayor ATTEST: 1!lMl~~ Gqile~ City Secretary /1 /' APPIWVEID ,/.'., .~ 116 /. ..;;, .:-rJ k / , L/1~'1'1' It ' _i~7t/}_ Knox W. Askins City Attorney 2 e e e e IREQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Decemb Requested By: Steohen L. Barr Parks & Recreation Report Resolution Ordinance Exhibits: 1. Ordinance gg;3? 'Approving and Authorizing a Concession Agreement between the City of La Porte and Linda Darnell Witt to Operate and Manage the Sylvan Beach Park Pier. 2. Concession Agreement SUMMARY & RECOMMENDATION The City of La Porte through the Parks & Recreation Department has worked with Linda Witt and the Witt family to provide concession services at the Sylvan Beach Fishing Pier since its re-opening in January 1994. The current concession contract is scheduled to expire on January 3, 2000. Since the inception of their contract the Witt family has provided reasonable service for patrons of the pier. This concession agreement is set to expire on October 31, 2000, in conjunction with the expiration of the Witt's contract with Harris County to operate the Bait Camp at Sylvan Beach. By coordinating the expiration of our contract with that of Harris County, we can piggyback off their upcoming Request For Proposal for operation of the Bait Camp, and award our contract for pier concessions at the same time and for the same period. This is very similar to our periodic purchase of equipment from the HGAC bid list, in that they do the formal bid package and we use the results of their formal bid procedure for our purchases. It would be extremely difficult to separate the Bait Camp and Concession operations at the Sylvan Beach Fishing Pier simply because of the logistics involved. Under terms of the Agreement, the Witts pay electrical costs for lighting at the pier, and also pay for the coastal lease agreement out of their 1/3 share of the revenues generated. As before, the other 2/3 shares of revenue generation (1/3 City and 1/3 County shares) go into the escrow fund for repair of catastrophic damage to the pier, up to $150,000. The current balance of this pier escrow fund is $114,554 as of September 30, 1999. Except for the length of term, the base concession agreement proposed has no major changes from the current Agreement. Staff recommends approval of the proposed Concession Agreement. Action Required by Council: which establishes a Concession Agreement between the City Consider approval of Ordinance 99- of La Porte and Linda Darnell Witt to operate and manage the Sylvan Beach Fishing Pier. Availability of Funds: General Fund WaterlWastewater Capital Improvement General Revenue Sharing XX N/A Account Number: Funds Available: - YES - NO Account Number: Funds Available: - YES - NO Aooroved for City Council Aaenda QJJ T. ~ J 1.....g. , tt Robert T. Herrera Date City Manager e e ORDINANCE NO. 99- ~31 ~ AN ORDINANCE APPROVING AND AUTHORIZING A CONCESSION AGREEMENT BETWEEN THE CITY OF LA PORTE AND LINDA DARNELL WITT, TO OPERATE AND MANAGE THE SYLVAN BEACH PARK PIER; AUTHORIZING THE CITY MANAGER TO E)(ECUTE SAID CONCESSION AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the Concession Agreement in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference, by and between the City of La Porte and Linda Darnell Witt, for operation and management of the Sylvan Beach Park pier in accordance with the rules, covenants and conditions set out in said Concession Agreement. 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 C~uncil hereby grants Linda Darnell Witt an exclusive contract as concessionaire of the Sylvan Beach Park pier for the City of La Porte consistent with the terms of the Concession Agreement and this Ordinance. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public \ ORDINANCE NO. 99- ~,,~ e ~ . " Page 2 as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this ,yL day of D~~l2" M fAEfIL ,1999. CITY OF LA PORTE }l '- j~ By:" ;/17:JLllts.</J.' '(1"7.( N.grman L. Malone, . . Mayor ATTEST: 1JJ.tU!4I. a jf d#l M rtha A. Gillette, City Secretary .---- ...... J~~strong. \ Assist ity Attorney e e CONCESSION AGREEMENT THE STATE OF TEXAS S S COUNTY OF HARRIS S This Agreement made and entered into by and between the City of La Porte, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as the "City", and Linda Darnell Witt, hereinafter referred to as the "Concessionaire". WITNESSETH WHEREAS, the Concessionaire desires to assist the City in providing a fishing pier to be made available for the enjoyment and benefit of the public at Sylvan Beach Park, and WHEREAS, The Concessionaire has requested the City to use said pier for the purposes hereinabove described, to be used by the general public, and WHEREAS, The City desires to provide quality recreational opportunities for the general public, and desires to permit the Concessionaire to use the said pier according to the rules, covenants, and conditions hereinafter stated, NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants and agreements to both parties, it is agreed as follows: I. Subject to the terms and provisions herein set forth, the City has granted and by these presents grants to the Concessionaire, for a term of three hundred two (302) days, beginning January 3. 2000, and ending (unless sooner ended in accordance with the provisions hereof) October 31. 2000, the right and privilege to operate the 1,100 foot fishing pier at Sylvan Beach Park, said fishing pier being more particularly described on Exhibit "A" attached hereto. C:\AGR\PIER CONCESSION, REVISED, 1199 Concession Agreement, Page 1 of 9 e e II. The Concessionaire and employees shall operate the fishing pier concession in Sylvan Beach Park in its entirety and the Concessionaire shall make no sale, exchange or assignment of rights under this Agreement, either in whole or in part, without the prior written approval of the City Council of the City of La Porte. III. As consideration for this concession, the Concessionaire shall pay, without demand, a monthly concession fee in an amount equal to two-thirds (2/3) of the gross user fees collected for the use of the pier. Gross User fee is defined as the total gate receipts less any federal, state, and/or local taxes. The concession fee will be due and payable on or before the 10th day of each month for the preceding month's activity. The Concessionaire agrees to maintain documentation, on forms to be developed and provided by the City and adhere to guidelines established by the City, of daily use and payments received. The Concessionaire agrees to furnish to the City any and all reports which City may require covering all receipts and income of the concession, and agrees that her books and other records may be examined by the City or City Auditor or any other officer of the City at any reasonable time. The Concessionaire agrees to keep and maintain said records and books in La Porte. The Concessionaire may, on a daily basis, report and deposit with the City all admission revenues generated by the pier operation. The City shall remit to the Concessionaire the amount due to the Concessionaire pursuant to this agreement on a monthly basis. IV. The Concessionaire shall operate and manage the fishing pier. Admission rates will be set through negotiation with the City and shall be reasonable and equal to those charged by concessionaires in comparable facilities. The Concessionaire agrees to conform to the rates as set. The Concessionaire shall post a schedule of such fees, rates, and prices at all times in a conspicuous place on the premises. V. During the term of this Agreement, Concessionaire's and City's obligations hereunder, in addition to others specified herein, shall be as follows: (a) The Concessionaire will abide by all applicable federal, state, and municipal laws, ordinances, rules and regulations. Concessionaire must obtain, at her own expense, all licenses and permits required for the operation of said fishing pier and make the same accessible at all times to city, county, state, and federal officers. Concessionaire agrees to pay all federal and state permit and lease fees. The City agrees to pay required C:\AGR\PIER CONCESSION, REVISED, 1199 Concession Agreement, Page 2 of 9 e e state permit and lease fees from the Concessionaire's share of collected receipts according to the following formula: 15% of total permit fee for each of the months of June, July, August, & September of each year of the agreement. 5% of total permit fee for each of the months of Octolber, January, February, March, April, & May for the term of the agreement. The payment schedule specified above shall begin in the month following the date this agreement is executed and continue until the agreement is terminated. (b) The Concessionaire will pay all applicable local, state, and federal taxes incident to the operation of said fishing pier. (c) The Concessionaire will place no vending machine in the area of the fishing pier without the prior written approval of the City Parks & Recreation Director or his designated representative. (d) The Concessionaire will abide by such opening and closing hours of the fishing pier as the Commissioners Court of Harris County and the City may, from time to time, prescribe and will post such hours of opening and closing at the fishing pier. (e) The Concessionaire agrees to open the pier to the public, at no charge, on the following dates: (a) Sylvan Beach Day; (b) Bay Day; and (c) three (3) other dates to be determined by the City and/or Harris County, and coordinated with the Concessionaire. (f) The Concessionaire will sell no beer, wine, liquor, or other such alcoholic beverages on the fishing pier. (g) The Concessionaire will keep the fishing pier and the entrance thereto in a neat, clean, and sanitary condition. (h) The Concessionaire will be responsible for all routine or minor maintenance of the pier. The City will be responsible for all major repairs to the pier. For purposes of this Agreement, a Major Repair shall be defined as: any purchase of materials and labor in excess of $200.00 for any particular event, including normal wear and tear, requiring repair of the pier. C:\AGR\PIER CONCESSION, REVISED, 1199 Concession Agreement, Page 3 of 9 e e (i) The Concessionaire will not permit on the pier, or in the immediate vicinity of the pier, any disorderly conduct or practice in violation of any federal, state, or municipal laws, rules, regulations, or ordinances; of a sort likely to bring discredit upon the City or its governing body. m The Concessionaire will treat the public with courtesy and respect at all times. Complaints will be investigated by the Parks & Recreation Director or his designated representative and, if found to be just, be resolved to the satisfaction of said Director. (k) The Concessionaire will neither place, nor cause to be placed, any sign, projection, advertisement, or device of any kind whatsoever on the fishing pier or on the streets adjacent thereto without prior written consent of the City. (I) The Concessionaire will be responsible for all costs and expenses incidental to operating the fishing pier. (m) The City will provide electrical and water utilities to the pier, and shall be responsible for maintenance and repair of electrical systems for the pier. The City will be responsible for payment of water utility costs. The Concessionaire will be responsible for payment of electrical utility costs. (n) The City will be responsible for providing a facility for ticket sales at the entrance to the pier. Said facility shall be of a design mutually approved by the City and the Concessionaire. The Concessionaire will be responsible for maintenance and repair of said facility for the duration of this Agreement. The Concessionaire will be responsible for providing any barricades required to limit access to the pier and to direct patrons to the facility for ticket sales or other purpose. (0) The City will be responsible for providing trash receptacles for the pier and entrance to the pier; the Concessionaire will be responsible for providing plastic liners for the receptacles. (p) It is expressly the Concessionaire's responsibility and duty to remove and properly dispose of the trash and garbage resulting from the public use of the fishing pier and seeing to it that the same is put in suitable closed containers. Containers shall be picked up and hauled away at least twice a week. VI. The Concessionaire shall permit the City's officers, employees, and agents to enter into and upon the fishing pier for the purpose of inspecting and examining the condition thereof. C:\AGR\PIER CONCESSION, REVISED, 1199 Concession Agreement, Page 4 of 9 e e VII. The Concessionaire shall not by virtue hereof be deemed to have become a tenant of the City, nor to have been given or accorded as against the City the possession of any part of said fishing pier, but to such of the pier as the Concessionaire is hereunder entitled to use, the Concessionaire shall be deemed merely to be a licensee permitted to enter therein solely for the purpose of exercising therein the rights and privileges hereby granted. VIII. The Concessionaire shall keep and maintain during the term hereof, a comprehensive general liability policy, with the City and Harris County named as additional insured, with limits of liability of not less than one million dollars ($1,000,000.00) combined single limit bodily injury and property damage per occurrence. The Concessionaire shall annually furnish the City with a certificate of insurance evidencing such coverage. The City and Harris County are to receive at least thirty (30) days prior written notice of cancellation of said policies. Such insurance shall include contractual liability insuring the indemnity agreements contained herein. Failure to maintain insurance will result in automatic and immediate termination of this Agreement. IX. To the fullest extent permitted by applicable law, Concessionaire shall and does hereby agree to indemnify, protect, hold harmless and defend the City of La Porte and Harris County, Texas, and their respective heirs, legal representatives, partners, agents, employees, directors, shareholders, subsidiaries, and affiliated companies if Indemnities and of any of their respective partners, (herein collectively called the Ilndemnitees") from and against all claims, demands, damages, injuries, losses, liens, causes of action, suit, judgements, liabilities, costs, and expenses, including court costs and attorney's fees, of any nature, kind or description (including without limitation, claims for injuries or death of any person, or damages to or loss of any property) of any person or entity (including but not limited to employees, agents, and subcontractors of Concessionaire, and their dependents, and personal representatives, or other third parties), directly or indirectly arising out of, caused by, in connection with, or resulting from (in whole or in part), (a) the presence or activity of Concessionaire, its employees, agents, and representatives, (including subcontractors on Indemnitee's premises, (b) the condition of the Indemnitee's premises, the adjoining land, or any of the driveways, streets, or alleys used in connection with the services of the Concessionaire, (c) the use of any equipment by Concessionaire on Indemnitee's premises, whether belonging to Concessionaire, Indemnitee, or otherwise, or the condition of said equipment, or (d) any act or omission of Concessionaire, any Subcontractor, any of their respective employees, agents, servants, officers, directors, partners, or anyone directly or indirectly employed by Concessionaire or any Subcontractor, or anyone that either C:\AGR\PIER CONCESSION, REVISED, 1199 Concession Agreement, Page 5 of 9 e e Concessionaire or any Subcontractor controls or exercises control over (herein collectively called the "Liabilities"). THE OBLIGATIONS OF CONCESSIONAIRE UNDER THIS INDEMNIFICATION SHALL APPL Y TO LIABILITIES EVEN IF SUCH LIABILITIES ARE CAUSED IN WHOLE OR IN PART BY THE SOLE OR CONCURRENT NEGLIGENCE OF ANY INDEMNITEE, AND WHETHER OR NOT SUCH SOLE OR CONCURRENT NEGLIGENCE WAS ACTIVE OR PASSIVE. Concessionaire shall promptly advise Indemnitees in writing of any action, administrative or legal proceeding or investigation as to which this indemnification may apply, and Concessionaire, at Concessionaire's expense, shall assume on behalf of Indemnitees (and the other Indemnitees) and conduct with due diligence and in good faith the defense thereof with counsel satisfactory to Indemnitees; provided, however that Indemnitees shall have the right, at - its option, to be represented therein by advisory counsel of its own selection and at its own expense. In the event of failure by the Concessionaire to fully perform in accordance with this Indemnification Agreement, Indemnitees, at its option, and without relieving Concessionaire of its obligations hereunder, may so perform but all costs and expenses so incurred by Indemnitees in that event shall be reimbursed by Concessionaire to Indemnitees, together with interest on the same from the date any such expense was paid by Indemnitees until reimbursed by Concessionaire, at the highest lawful rate of interest allowed under applicable usury laws of the State of Texas (or if no maximum rate is applicable, at the rate of ten percent (10%) per annum). This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, worker's compensation acts, disability benefit acts or other employee's benefit acts. It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity of enforceability of the indemnification obligation under this Section, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision in to conformity with the requirements of such limitations, and so modified, the indemnification shall continue in full force and effect. X. It is expressly understood and agreed that the City may terminate this Agreement without cause at any time by giving the Concessionaire at least ninety (90) days written notice of its intention to do so, specifying therein the effective date of such termination. It is expressly agreed that the Concessionaire may terminate this Agreement prior to the expiration of the term set forth above without cause upon ninety (90) days written notice to the City. Notifications pertaining to any part of this Agreement shall be made as follows: THE CITY: City of La Porte P.O. Box 1115 La Porte, Texas 77572-1115 Attention: Director of Parks and Recreation C:\AGR\PIER CONCESSION, REVISED, 1199 Concession Agreement, Page 6 of 9 e e THE CONCESSIONAIRE: Ms. Linda Darnell Witt 723 South 4th Street La Porte, Texas 77571 HARRIS COUNTY: The Honorable Jim Fonteno, Commissioner, Precinct 2 Harris County Commissioner's Court 7330 Spencer Highway Pasadena, Texas 77505 XI. The Concessionaire shall not allow any liens or any other encumbrances to attach to the leased premises. XII. Whenever the terms of this Agreement conflict with the terms of the Agreement with the City and Harris County, Texas, dated Aoril 12. 1994 (attached hereto), amended and extended, the parties agree that the terms of the Harris County Agreement control, to the extent of such conflict only. Otherwise, this Agreement is to be construed in relationship with the Harris County Agreement insofar as possible. XIII. The provisions of this Agreement which assign certain rights to the City, shall be construed to also be shared by Harris County insomuch as they are in accordance with the terms of the Agreement between the City and Harris County, Texas, dated Aoril12. 1994. Tlhe foregoing does not apply to Section X, which allows the City unilaterally to terminate this Agreement without cause, and also does not apply to Section III, which governs payment. The City's and Harris CountyDs writes and obligations regardong payment are more specifically set forth in the Agreement between the City and Harris County dated Acril12. 1994. XIV. This instrument contains the entire Agreement between the parties related to the rig hts herein granted and obligations herein assumed. Any oral or written representations or notifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing signed by both parties hereto. C:\AGR\PIER CONCESSION, REVISED. 1199 Concession Agreement, Page 7 of 9 e e IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies on this the 13fJ- day of J)fCfmAf1.Y, 1999 to become effective as provided above. "CITY" CITY OF LA PORTE A municipal corporation BY:_(X~ \. ~ TITLE: C ~*l/ MIrN4j~1 ATTEST: I iWMlir&-&ftK1 MAR HA GILLETT CITY SECRETARY TRONG, T ITY ATTORNEY "CONCESSIONAIRE" >.._0 r 0 r-)l ~~ B~ (J ,I .A ,( . , Linda Darnell Witt TITLE: Concessionaire ATTEST: Title: C:\AGR\PIER CONCESSION, REVISED, 1199 Concession Agreement, Page 8 of 9 e e CONCESSION AGREEMENT EXHIBIT "A" The 1,100 foot pier referred to in this agreement shall be the pier located on the following described premises situated in Harris County, Texas, to-wit: A 20 feet wide strip of land 10 feet on both sides of the herein described centerline out of the Sylvan Beach Park on Galveston Bay in the City of La Porte, Texas, out of the Johnson Hunter Survey, Abstract 35, Harris County, Texas, and being more particularly described as follows: Beginning at a set P.K. Nail marking the intersection of the centerline of an existing wooden fishing pier and a wooden bulkhead. Thence, in a Northwesterly direction, along the centerline of said wooden fishing pier extended, a distance of 49.41 feet to a set P.K. Nail on the southeast side of an existing parking lot for the POINT OF TERMINUS. C:\AGR\PIER CONCESSION, REVISED. 1199 Concession Agreement, Page 9 of 9 e e t .' . . - . - - . - . - e e CONSENT AGENDA e e A e e REQUEST FOR CITY COUNCIL AGENDA ITEM 'II:: I I Agenda Date Requested: December 13, 1999 Requested By: J. L. Sease ~Department: Fire I X Report Resolution Ordinance Exhibits: Bid Tabulation and Bidder List Memo From Susan Kelly Illll Ii SUMMARY & RECOMMENDATION The City was notified several years ago that the Company (Scott Aviation), that manufacturers the Breathing Apparatus we have used for the past 30 some years, was discontinuing the model that we are using. This included supplying parts and support for that model. The City started setting funds aside to replace the units with a new model Air Pak. We were originally going to fund the project over three years, but it became apparent that we would have to spend thousands of dollars maintaining the old units with parts that were becoming hard to obtain. In this years budget the remaining needed funds were budgeted to replace the units, with a total of $180,000.00 allocated. By purchasing the Air Pak's from the same manufacturer we are able to retain the air cylinders we have on our existing units and our spare units. Additionally the manufacturer is allowing a trade in rebate for the old units of $150.00. We will be replacing all of the Fire Department Air Paks as well as the Air Paks used by Public Works in their Water and WasteWater divisions. In the bid was a price to replace our remaining Aluminum air cylinders with Carbon fiber cylinders as we have been doing annually in the operating budget. We have been receiving increasing reports of stress crack failures in the necks of the aluminum cylinders, as well as several catastrophic failures. Sealed bids #0790 were opened on December 6, 1999 with 3 vendors submitting bids. The low bid was from Vall en Safety in the amount of $141,222.17 for the Air Pak replacement, and a price of $567.89 for Air Cylinders. The City presently has 66 Aluminum air cylinders in use which would cost a total of $37,480.74. The total bid including the air cylinder replacement would be $$178,702.91. Action Required by Council: Approve awarding the bid to Vallen Safety in the amount of $178,702.91. t Availability of Funds: General Fund Water/Wastewater - - ~ Capital Improvement_ General Revenue Sharing Other - Account Number: 015-9892-779-1100 Funds Available: X YES NO - --...... Approved for City Council Aeenda ~~~ I d~:%.q'l Robert T. Herrera Date City Manager . e . e BID TABULATION BUD #0790 - SCOTT A VIA TION PRESSURE PAKS .-.. . VALLI:N ..OUK" .. DESCRIPTION SAFETY ORR SArc I ( ALARM -- , .-"." "-,.",,.. 1) Scott Aviation Air Paks & Accessories $152,222.17 $153,373.67 $155,592.00 2) Less Trade-In of Existing Air Paks ($11,000.00) ($11,000.00) ($11,000.00) TOTALI $141,222.17 I $142,373.67 1$144,592.00 OPTIONAL Air Cylinder with Valve 2216 psi (each) $567.89 $573.94 $578.00 ..",,,, . ,- .-.,.. ._".". BIDDER'S LIST SEALED BID #790 SCOTT AVIATION PRESSURE PAKS FOUR ALARM FIRE EQUIPMENT ORR SAFETY 3500 S. RICHEY, SUlTE 240 3527 1 ST AVE SOUTH HOUSTON, TX 77017 TEXAS CITY, TX 77590 VALLEN SAFETY PO BOX 3587 HOUSTON, TX 77253 CHAMBER OF COMMERCE BAYSHORE SUN PUBLISH DATES: PO BOX 960 NOVEMBER 21, 1999 LA PORTE TX n572-0960 NOVEMBER 28, 1999 . e e CITY OF LA PORTE INTEROFFICE MEMORANDUM DECEMBER 7, 1998 TO: CHIEF JOE SEASE, FIRE CHIEF FROM: SUSAN KELLEY, PURCHASING MANAGER ~M-; SUBJ: SEALED BID #0790 - SCOlT AVIATION PRESSURE PAKS Advertised, sealed bids #0790 - Scott Aviation Pressure Paks were opened and read on December 6, 1999. Bid requests were mailed to three (3) vendors with three (3) returning bids. Vallen Safety Supply submitted the low bid meeting specifications. 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 e e B e e REQUEST FOR CITY COUNCIL AGENDA ITEM llil[ j J J Agenda Date Requested: 12/13/99 Requested By: J. L. Sease /# Department: Fire f X Report Resolution Ordinance Exhibits: Bidder List Bid Tabulation Sheet Memo From Susan Kelly, Purchasing Agent '!'lIlli, I , SUMMARY & RECOMMENDATION Advertised, Sealed Bids #0789 - Ambulance were opened on December 6, 1999. Bid requests were mailed to eight (8) vendors, with three (2) returning a bid and one (1) no bid. This unit will replace Unit 5915 a 1995 model with 68,395 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 $7,000.00 trade in allowed for Unit 5915. Funding is available in the amount of $90,000.00. This unit is will be our second unit that the Box or Ambulance module electrical system, including air conditioning, is supplied by an onboard generator, instead ofthe ve.hicle 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. We have had great success with our first unit of this type. Action Required by Council: Recommend that Council approve awarding the bid to Frazer Ambulance in the amount of$77,350.00. This is the bid amount of$84,350.00 less $7000.00 for the trade in of Unit 5915. :I'~ , I I Availability of Funds: General Fund Water/Wastewater - - _ Capital Improvement_ General Revenue Sharing ~ Other - Vehicle Replacement Account Number: 009-5059-522-8050 Funds Available: X YES NO - "._~"'... . Approved for City Council A~enda Q~T.~ .\ '2.... <g ''1'' Robert T. Herrera Date City Manager . e e BID TABULATION BID #0789 - AMBULANCE -,,-,'. t(~LlAtlL~ AA -.. .. DESCRIPTION FRALcR, INC. EMERGENCY EMERGENCY _. - _.... . AMBULANCE $84,350.00 $81,500.00 No Bid Less Trade-in ($7,000.00) $0.00 TOTAL $77,350.00 $81,500.00 No Bid .-..,.. .-., . ~ BIDDER'S LIST SEALED BID #0789 - AMBULANCE AA EMERGENCY AMBULANCE BOARDMAN EMERGENCY VEHICLES PO BOX 920952, SUITE 402 2300 SOUTH THIRTEENTH STREET HOUSTON, TX 77292-0952 CLINTON, OK 73601 FRAZIER AMBULANCES Me I t<OPlEX PUBLIC SAr-e I '( EQUIP PO BOX 741369 301 E. VIRGINIA HOUSTON, TX 77274 McKINNEY, TX 75069 RELIABLE EMERGENCY VEHICLES RICHARDS AND CLARKE, lNC. 303 INDUSTRIAL BLVD PO BOX 80046 COMANCHE, TX 76442 BATON ROUGE, LA 70898 SAN ANTONIO AMBULANCE SALES INC. WHEELED COACH 14035 DUBLIN SQUARE 202 SENTRY DRIVE SAN ANTONIO, TX 78217 MANSFIELD, TX 76063 CHAMBER OF COMMERCE BA YSHORE SUN PUBLISH DATES: P.O. BOX 996 NOVEMBER 15,1998 LA PORTE, TX 77572-0996 NOVEMBER 22, 1998 , e e CITY OF LA PORTE INTEROFFICE MEMORANDUM DECEMBER 7, 1998 TO: CHIEF JOE SEASE, FIRE CHIEF FROM: SUSAN KELLEY, PURCHASING MANAGER ,A ~ SUBJ: SEALED BID #0789 - AMBULANCE Advertised, sealed bids #0789 - Ambulance were opened and read on December 6, 1999. Bid requests were mailed to eight (8) vendors with two (2) returning bids, and one (1) no bid. 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 e e c REOUES&R CITY COUNCIL AGENDA ITEM e ... Agenda D,;te Requested: ~be< 13. 1999 Requested By: S. Gillett .. ~artment' PubHc Wooo XX Report Resolution Ordinance Exhibits: Bid Tabulation and Bidder's List SUMMARY & RECOMMENDATION Sealed bids were received on November 15, 1999 for the replacement of a Truck-Mounted Hydraulic Cleaning and Vacuum Truck. This unit is used in the City's Wastewater Collection Division and is a key component of the Sewer Rehabilitation Program, used for cleaning and televising sewer lines. Low bid was submitted by Baker Equipment Company in the amount of $15',849.00. A trade-in allowance was requested for the existing unit. Kinloch Equipment's bid, together with the trade-in allowance, totals $143,847.00, which is the overall apparent low bid. However, the unit bid by Kinloch Equipment does not meet specification in one key area, the water pump. The specifications require a triplex pump, which is a simple, reliable pump used by almost all manufacturers. The unit bid by Kinloch Equipment is a proprietary single piston pump, and has several significant disadvantages. First, it is extremely complex both in construction and operation, and usually requires service by the vendor, increasing maintenance costs. For example, rebuilding the single piston pump costs between $2,000 and $4.000 parts and labor. The triplex pump can be maintained and rebuilt in house, usually for $600 to $800 worth of parts, which are available from a variety of sources. The second major disadvantage is the surge action inherent in the single piston pump. This surge action, while useful in sewer cleaning, makes it impossible to use the unit to pull a TV camera due to the jerking action. The unit was bid with an accumulator, which dampens the surge somewhat, but is unable to accommodate pressure changes in the water flow. The City currently operates a single piston pump unit similar to the unit bid by Kinloch Equipment, and finds it necessary to utilize a trailer mounted sewer cleaner for TV work. Cleaning the line with one unit and televising with another is inefficient and time consuming. The total cost for the unit bid by Baker Equipment Company, less trade-in, is $152,349.00. The unit meets all key specifications. A total of$163,044.00 is budgeted for this replacement. Action Required by Council: Accept trade-in allowance and award bid for Truck-Mounted Hydraulic Cleaning and Vacuum Unit to Baker Equipment in the amount $152,349.00. Availability of Funds: - General Fund_ WaterlWastewater _ Capital Improvement XX Motor Pool Replacement - Other Account Number: 009-7086-532-8050 Funds Available: X YES - NO .... Ann roved for City Council Al!enda ~_\~ ~l,.~~"q Robert T. Herrera Date City Manager e e . BID TABULATION - CLEANING & VACUUM UNIT ".__..,." .n ..... ,.. ._._~.-.," -.-- .--...,-- BAKER HOUSTON . KINLOCH DESCRIPTION QTY EQUIPMENT FREIGHTLlNER EQUIPMENT UNDERGROUND .. .. - .-... ..-... - 1) Truck Mounted Hydraulic 1 $159,849.00 $160,609.00 $168,874.00 $172,137.00 Cleaning and Vacuum Unit Less Trade-In Allowance ($7,500.00) ($25,000.00) ($15,000.00) , Grand lotal $152,349.00 $160,609.00 $143,874.00 $157,137.00 --. .."... ... - .. ..~_.,-, ..--.,.. .---.. r e BIDDER'S LIST e , SEALED BID #785 TRUCK MOUNTED HYDRAULIC CLEANING & VACUUM UNIT CLEAN EARTH ENVIRONMENTAL DAVIS TRUCK & EQUIPMENT ONE MAGNOLIA COMMERCE PARK 12230 KINDRED 330 FLEMING ROAD HOUSTON, TX 77049 BIRMINGHAM, AL 35217 DAVIS TRUCK & EQUIPMENT HY-VAC 4282 HWY 90 EAST i: 117 INDUSTRY ROAD SAN ANTONIO, TX 78219 MARIETTA, OH 45750 KINLOCH EQUIPMENT & SUPPL Y UNDERGROUND, INC. PO BOX 4919 13311 GARDEN RD. PASADENA, TX 77502 PEARLAND, TX 77581 VAC-CON 969 HALL PARK RD GREEN COVE SPRINGS, FL 32043 CHAMBER OF COMMERCE BAYSHORE SUN PUBLISH DATES: PO BOX 960 , OCTOBER 31,1999 LA PORTE TX 77572-0960 NOVEMBER 7,1999 e e D REOlUEST .. CITY COUNCIL AGENDA 11 E~ Agenda Date Requested: December 13. 1999 Requested By: Steve Gill~t: Public Works XX Report Resolution Ordinance Exhibits: Bid Tabulation and Bidder's List SUMMARY & RECOMMENDATION Advertise, sealed bids #0791 for the annual supply of Oils, Fluids, and Lubricants were opened and read on December 6, 1999. Bid requests were mailed to eighteen (18) vendors with four (4) returning bids. Low bid meeting specifications and bidding on all items was submitted by Jones Oil. Using estimated annual quantities, this contract would cost $16,600.41. This represents a two percent (2%) decrease from the last bid. Staff recommends award of the bid for the annual supply of Oils, Fluids, and Lubricants to Jones Oil, low bidder meeting specifications and bidding on all items. Adequate funds for this contract are budgeted in the Equipment Services 1999- 2000 Operating Budget. Action Required by Council: A ward bid to Jones Oil for the annual supply of Oils, Fluids, and Lubricants. Availability of Funds: - General Fund_ WaterlWastewater _ Capital Improvement_ General Revenue Sharing X Other Vehicle Maintenance Fund Account Number: 024-7074-534-9095 Funds Available: lL YES _ NO -- Annroved for Citv Council Aeenda ~~~ 1 t-" 0 '\1\ Robert T. Herrera Date City Manager e e BID TABULATION BID # 0791 - OILS, FLUIDS, AND LUBRICANTS ,..-.- ..". -..".. AfoIAGHE: UIL f'AIGH TRUMAN DESCRIPTION UNIT QTY JONES OIL OIL BRAZOS BG DISTRIB ARNOLD CO SECTION I ,- _. 1. Bulk Hydraulic Oil Gal 1200 $2.48 $2.59 $3.65 No Bid No Bid 2. Bulk Motor Oil Gal 1200 $2.61 $2.65 $3.45 No Bid No Bid 3. Bulk Gear Oil Drum 2 $206.14 $205.00 $266.75 No Bid No Bid 4. Bulk Transmission Fluid Gal 600 $2.39 $2.46 $3.45 No Bid No Bid 5. Semi-Sythetic Fluid Gal 84 $8.40 $7.60 $7.98 No Bid No Bid TOTAL - SECTION I .- $8,659.88 $8,812.40 $11,793.82 .... No Bid No Bid -" .- - ." ,. SECTION II 1. Motor Oil at 800 $1.17 $0.99 $1.35 No Bid No Bid 2. Antifreeze Gal 300 $4.03 $4.59 $4.99 No Bid No Bid 3. Chassis Grease - Tube Tube 325 $0.86 $0.83 $0.99 $2.93 No Bid 4. Transmission Fluid at 96 $0.83 $0.99 $1.43 No Bid No Bid 5. Wheel Bearing Grease Tub 50 $1.42 $1.15 No Bid $3.57 No Bid -. . TOTAL - SECTION III - I I $2,575.18 I $2,591.29 I $3,036.03 I $1',130.75 I No Bid .-- - I 'u SECTION III 1. Oil dry Bag 150 $3.09 $3.08 No Bid No Bid No Bid 2. Windshield Washer Gal 200 $0.89 $0.98 No Bid No Bid No Bid 3. Penetrating Oil Can 120 $1.18 $2.42 No Bid $4.98 No Bid 4. Carburetor Cleaner Can 60 $1.90 $1.18 No Bid $4.62 No Bid 5. Power Steering Fluid Can 75 $0.58 $0.61 No Bid No Bid No Bid 6. Brake Parts Cleaner Can 700 $1.37 $1.24 No Bid $5.25 No Bid 7. Freon - R12 Cyl 5 $517.50 $549.00 No Bid No Bid No Bid 8. Hand Cleaner Cont 50 $6.18 $6.65 No Bid No Bid No Bid 9. R134 Freon 30 lb. Cyl Cyl 5 $113.85 $133.00 No Bid No Bid No Bid TOTAL - SECTION 11I1 - I I $5,365.35 I $5,675.45 I No Bid I $4_,549.80 \ No Bid I - , I ~ I I $14,829.85: $5,680.551 .-.- GRAND TOTALI - I I $16,600.41 I $17,079.14 I No Bid ..--. - . e BUDDER'S LIST . SEALED IBID #0791 FLUIDS, OilS Is lUBRICANTS APACHE OIL COMPANY ANGEL'S OIL COMPANY P.O. BOX 177 P.O. BOX 1398 PASADENA, TX 77501 LAPORTE, TX 77572 COMMERCIAL LUBRICANTS DAP DISTRIBUTING PO BOX 6366 5020 EAST ROAD PASADENA, TX 77501 BAYTOWN, TX 77521 H & W PETROLEUM COMPANY O'REILL Y AUTO SUPPLY 9617 WALLlSVILLE RD. 1010 S. BROADWAY HOUSTON, TX 77013 LA PORTE, TX 77571 JONES OIL OIL PATCH BROZOS VALLEY 4828 N. SHEPHERD RD PO BOX 456 HOUSTON, TX 77018 FREEPORT, TX 77542-0456 O'ROURKE PETROLEUM PRODUCTS SPECIAL TY OIL 223 McCARTY 5750 CAMPBELL RD HOUSTON, TX 77029 HOUSTON, TX 77041 THOMAS PETROLEUM INC VALVOLlNE INC PO BOX 659 PO BOX 891 WINNIE, TX 77665 DEER PARK, TX 77536 THE HART COMPANY PRECIION INDUSTRIES P BOX 14030818 WEST 13TH STREET HOUSTON, TX 77221 DEER PARK, TX 77536 INDUSTRIAL LUBRICATION SPECIALTIES HURST COMPANY 5906 DWYER P.O. BOX 14030 HUMBLE, TX 77396 HOUSTON, TX 77221 TRUMAN ARNOLD CO. THREE L INC. 3513 S.W. H.K P.O. BOX 30100 DODGEN LOOP SUITE #200 HOUSTON, TX 77249 TEMPLE, TX 76502 BAYSHORE SUN PUBLISH DATES: CHAMBER OF COMMERCE DECEMBER 6, 1999 PO BOX 996 DECEMBER 13, 1999 LA PORTE, TX 77572-0996 e . E e e REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE December 13, 1999 REQUESTED BY Jeff Litchfield, Finance - REPORT; - RESOLUTION; ORDINANCE; EXHIBITS; XX CONSENT AGE SUMMARY AND RECOMMENDATION Advertised, sealed bids #0788 for Printing, Insertion, and Mailing of Utility Bills were opened and read on November 29, 1999. Bid requests were mailed to seven (7) vendors with (3) returned bids. QuestMark Information Management has submitted the low bid meeting specifications. Using estimated quantities including two (2) optional inserts only, and six (6) optional printing and inserts, the cost per year would be $54,840.00. In preparing the FY 99-00 Budget, Finance budgeted $50,000 for this project. This Budget projection did not include the cost of optional inserts. Even though the Bid is $54,840, since there are only 9 months left in the fiscal year, only $40,500 will be needed in FY 99-00, well below the $50,000 Budget. Additional information you need to know is that the Bid includes postage. The net impact to the City for this project is an increase of $15,000 per year. Finance recommends accepting the low bid. ACTION REQUIRED BY COUNCIL: Consider awarding bid to QuestMark Information Management for the Printing, Insertion and Mailing of Utility Bills. FUND 002 ACCT NUM: 6147-515-2002 & 6002 FUNDS AVAILABLE: YES APPROVED FOR CITY COUNCIL AGENDA ~~T~ \ '"l ,. 9 - 44 ROBERT T HERRERA DATE CITY MANAGER e e BID TABULATION PRINT lING, INSERTION & MAILING OF UTILITY BILLS ._,.""., .. UUt:~IMAt(K ~t:t(t:(:jt(INt:r-~-- ..-. DESCRIPTION QTY INFORMATION SERVICES .. ... LAS.ON .-., . 1) Utility Bills & Envelopes (per 1,000) 144,000 $358.00 $430.00 $447.55 Total Item #1 $51,552.00 $61,920.00 $64,447.20 """'" . -.-". 2) Inserts (per 1,000) 12,000 $8.00 $11.00 $40.83 Total Item #2 $96.00 $132.00 $489.96 .-".,.. OPTIONS Additional Colors (per color) 1 $160.00 $30.00 $1.20 Front & Back (per 1,000) 12,000 $35.00 $16.00 $42.00 8-1/2" x 14" (per 1,000) 12,000 $40.00 $14.00 $55.40 .- -"'~ .-.. -,.. ._- .. e . BIDDER'S LIST SEALED BID #0788 PRINTING, INSERTION & MAILING OF UTILITY BilLS ;-. \ BUSINESS EXTENSION BUREAU OF TEXAS HUGHES PRINTING & OFFICE 4802 TRAVIS PO BOX 83 HOUSTON, TX 77002 LA PORTE, TX 77572 LASON INC. PEREGRINE SERVICES INC 2727 ALLEN PKWY 3330 L1VEL Y HOUSTON, TX 77019 HOUSTON, TX 77080 .. POST MARK PRINTING COMMUNICATIONS 925 S. MASON RD. 2500 CENTRAL PKWY., SUITE L KATY, TX 77450 HOUSTON, TX 77092 QUESTMARK INFORMATION MGMT. 7102 MULLIN HOUSTON, TX 77081 CHAMBER OF COMMERCE BAYSHORE SUN PUBLISH DATES: P.O. BOX 996 NOVEMBER 14, 1999 LA PORTE, TX 77572-0996 NOVEMBER 21, 1999 e . Mr.r..TING HANDOUTS . . . Date: 11/ll/'1r . Name: < J of! r if(uE~E/( . Address: /0010 IfI\J'7"7(,tM LA1JfF City, State, Zip: !J.,PD/lfE. IX -, 7f 7 I' Subject on which I wish to speak: SPB2' STv~y LeGv,"'t::.u~ NA. Q(6P J/VH"!$