HomeMy WebLinkAbout2000-06-12 Regular Meeting and Special Called Workshop Meeting• •
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IVIINUTES OF THE REGULAR MEETING
AND SPECIAL CALLED WORKSHOP
OF LA PORTE CITY COUNCIL
JUNE 12, 2000
1. CALL TO ORDER
The meeting was called to order by Mayor Pro-Tem Jerry Clarke at 6:00 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young, and Jerry
Clarke.
Members of Council Absent: Norman Malone
Members of City Executive Staff and City Employees Present: City Manager Robert T.
Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, Director of
Public Works Steve Gillett, City Secretary Martha Gillett, Finance Director Cynthia
Alexander, Assistant Finance Director Mike Dolby, Director of Parks and Recreation
Stephen Barr, Director of Emergency Management Joe Sease, Director of Administrative
Services Louis Rigby, Assistant City Attorney John Armstrong, Police Chief Richard
Reff, Assistant City Secretary Janis Goulder.
Others Present: Nazarali Momin and a number of citizens.
2. Councilmember Jeny Clarke delivered the Invocation.
3. Council considered approving the minutes of the Regular Meeting on May 22, 2000.
Motion was made by Councilperson Griffiths to approve the minutes of the Regular
Meeting of May 22.2000 as presented. Second by Councilperson Sutherland. The
motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Clazke.
Nays: None
Abstain: None
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAXPAYERS WISHING TO ADDRESS COUNCIL.
There were no citizens wishing to address City Council.
5. Council considered approving an ordinance amending Chapter 70, Article III, Section 70-
97, "School Zones", of the Code of Ordinance of the City of La Porte for the purpose of
designating maximum speed limits in a school zone for the new De Walt Alternative
School.
Director of Public Works Steve Gillett presented summary and recommendation.
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Council Minutes - 6-12-00 -Page 2
City Attorney read: ORDINANCE 2000-2414 - AN ORDINANCE AMENDING
CHAPTER 70, ARTICLE III, SECTION 70-97, "SCHOOL ZONES", PARAGRAPH
(a), SUBPARAGRAPHS (8), (9), AND (10), OF THE CODE OF ORDINANCE OF
THE CITY OF LA PORTE; FOR THE PURPOSE OF DESIGNATING MAXIMUM
SPEED LIMITS IN A SCHOOL ZONE; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY
OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM
NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made b Cy ounci~erson Griffiths to approve the Ordinance 2000-2414 as
presented by Mr. Gillett: Second by Councilperson Gay. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Clazke
Nays: None
Abstain: None
6. Council considered approving an ordinance amending Chapter 6, Section 6-78 of the
Code of Ordinances of the City of La Porte, by adding an azea at a restaurant where wine
and/or beer for consumption on the premises may be sold.
City Secretary Martha Gillett presented summary and recommendation and answered
Council's questions.
City Attorney read: ORDINANCE 1000-1-G - AN ORDINANCE OF THE CITY OF
LA PORTE; TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA AT A
RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE
PREMISES MAY BE SOLD; FURTHER PROVIDING A SAVINGS CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Councilperson Sutherland to approve the Ordinance 1000-1-G as
presented by Ms. Gillett. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Clarke.
Nays: None
Abstain: None
7. Council considered approving an ordinance authorizing the City Manager to execute a
contract with Gulf States Protective Coatings, Inc. in the amount of $27,000.00 and
further authorizing $1,350.00 contingency for the ground storage tank repairs and
authorize use of excess funds from the waterline replacement project.
Director of Public Works Steve Gillett presented summary and recommendation for
Director of Planning Doug Kneupper.
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Council Minutes - 6-12-00 -Page 3
City Attorney read: ORDINANCE 2000-2415 - AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND GULF
STATES PROTECTIVE COATINGS, INC. FOR GROUND STORAGE TANK
REPAIRS; APPROPRIATING $28,350.00 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 by Councilperson Young to approve the Ordinance 2000-2415 as
presented ~ Mr. Gillett. Second by Councilperson Griffiths. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Clazke.
Nays: None
Abstain: None
8. Consent Agenda
A. Considered awazding bid for the annual supply of hot mix asphalt-type D to
Martin Mazietta Materials - S. Gillett
B. Considered awazding bid to Beltway A/C & Heating, Inc. to remove and install
HVAC equipment for Jennie Riley Recreation Center and Evelyn Kennedy Civic
Center. - S. Barr
Councilperson Porter made a motion to vote on all Consent Agenda items together and
approve items presented. Second by Councilperson Gay. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Clazke
Nays: None
Abstain: None
9. The special called workshop meeting was called to order by Mayor Pro-Tem Jerry Clarke
at 6:20 P.M.
A. Discuss Car Allowances
Councilperson Gay made a motion to table this item until the next meeting when Mayor
Malone would be present. Second by Councilperson Young. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young and Clarke.
Nays: Griff ths.
Abstain: None
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Council Minutes - 6-12-00 -Page 4
10. Workshop adjourned and the special called meeting re-convened at 6:21 P.M.
11. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. Chamber of Commerce Annual Hamburger Cookout -Thursday, June 15, 2000 -
Du Pont Recreational Facility.
B. Council Retreat -July 8, 2000.
Fn addition, Mr. Herrera reminded City Council there will be a Town Meeting on June 20,
2000 to review the Comprehensive Plan Update.
12. COUNCII. ACTION
Councilperson Porter, Griffiths, Ebow, Engelken, Sutherland, Gay, Young, and Clarke
brought items to Council's attention.
13. EXECUTIVE SESSION -PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS
GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY,
DELIBERATION REGARDING REAL PROPERTY, DELIBERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS,
CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING
SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
551.071 (CONSULTATION WITH ATTORNEY) Meet with City Manager and City
Attorney regarding pending litigation.
Council retired into Executive Session at 6:35 P.M. under Section 551.071 (Consultation
with Attorney).
Council adjourned Executive Session at 7:18 P.M.
Council returned to the table at 7:19 P.M., with no action taken.
14. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
There was no action taken.
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Council Minutes - 6-12-00 -Page 5
15. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 7:20 P.M.
Respectfully submitted,
Martha Gillett
City Secretary
approved on this 26th day of June 2000.
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REQUEST F~CITY COUNCIL AGENDA ITEM •
Agenda Date Requested: June 12, 2000
Requested By: S. Gillett Department: Public Works
Report Resolution XX Ordinance
Exhibits: Ordinance No. 00-
Map of Area
SUNIMARY & RECOMMENDATION
The De Walt Alternative School has been relocated, and the school zones in this area need to be revised. The
attached ordinance revises Chapter 70, Article III, Section 70-97, School Zones, items 8, 9 and 10 are changes
to reflect the new school zones needed around De Walt. The streets affected are as follows:
(8) Along West Tyler from North 2"d to North 3`d
(9) Along North 2"d from West Madison to West Adams.
(10) Along North 3`d from West Madison to West Adams.
Action Required by Council: Approve Ordinance No. 00-a~~/'amending Chapter 7, Article III, Section 70-97
to change the school zones from the former De Walt Alternative School to the new campus location.
Availability of Funds:
_ General Fund_ Water/Wastewater
_ Capital Improvement General Revenue Sharing
_ Other
Account Number: N/A Funds Available: YES NO
ApI p1roveld for City Council Agenda
Robert T. Herrera Date
City Manager
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ORDINANCE NO . 2 0 0 0 - ~ ~l l ~{
AN ORDINANCE AMENDING CHAPTER 70, ARTICLE III, SECTION 70-97,
"SCHOOL ZONES", PARAGRAPH (a), SIIHPARAGRAPHS (8), (9), AND (10), OF
THE CODE OF ORDINANCES OF THE CITY OF LA FORTE; FOR THE PIIRPOSE OF
DESIGNATING MABIMIIM SPEED LIMITS IN A SCHOOL ZONE; PROVIDING THAT
ANY PERSON VIOLATING THE TERMS OF THIB ORDINANCE SHALL BE DEEMED
GIIILTY OF A MISDEMEANOR AND IIPON CONVICTION BHALL BE FINED IN A SUM
NOT TO EBCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAIISE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, Article 6701d, Vernon's Texas Civil Statutes,
provides that whenever the governing body of the City of La Porte
shall determine upon the basis of an engineering and traffic
investigation that any prima facia speed therein set forth is
greater or less than is reasonable or prudent under conditions
found to exist at any intersection or other place or upon any part
of a street or highway within the City of La Porte, taking into
consideration,. but not limited to, the width and condition of the
pavement and other circumstances on such portion of said street or
highway, as well as the usual traffic thereon, said governing body
may determine and declare a reasonable and prudent prima facie
speed limit thereat or thereon by the passage of an ordinance,
which shall be effective when appropriate signage giving notice
thereof is erected at such intersection or other place or part of
the street or highway; and
WHEREAS, the City Council of the City of La Porte has directed
that an Engineering and Traffic Investigation take place for the
purpose of ascertaining reasonable and prudent prima facie speed
limits within the City of La Porte; and
WHEREAS, 'the results of said Engineering and Traffic
Investigation have become known unto the City Council of the City
of La Porte; and
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WHEREAS, the City Council of the City of La Porte finds that
it is consistent in promoting the health, safety, and welfare of
the citizens of the City of La Porte to reduce the maximum speed on
said streets of the City of La Porte based upon the results of said
engineering and traffic investigation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. Upon the basis of an engineering and traffic
investigation heretofore made as authorized by the provisions of
Article 6701d, Vernon's Texas Civil Statutes, the Code of
Ordinances, City of La Porte, Harris County, Texas, Chapter 70,
"Traffic and Vehicles", Article III, Section 70-97, paragraph (a),
subparagraphs (8), (9) and (10) are hereby amended to read as
follows, to-wit:
"Section 70-97(a). Maximum limits and school zones.
8. Along West Tyler from North 2nd Street to North 3rd
Street, a distance of 330 feet, 0.06 miles.
9. Along North 2nd Street from West Madison to West Adams,
a distance of 950 feet, 0.18 miles.
10. Along North 3rd Street from West Madison to West Adams,
a distance of 950 feet, 0.18 miles."
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
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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. If any section, sentence, phrase, or 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 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 4. Any person, as defined in Section 1.07(26), Texas
Penal Code, who shall violate any provision of this ordinance,
shall be deemed guilty of a misdemeanor and upon conviction shall
be punished by a fine not to exceed Two Hundred Dollars ($200.00).
Section 5. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict only.
8ectioa 6. 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 in the City of La
Porte at least twice within ten (10) days after the passage of this
ordinance.
PASSED AND APPROVED, this 12th day of June, 2000.
CITY OF LA PO TE
sy: ~ ~,~~.'~
Norman L. alon
Mayor
3
ATTEST:
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Ma ha Gillett
City Secretary.
APP OV ~
Knox W. Askins
City Attorney
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PUBLIC NOTICE
ORDINANCE 2000-2414
AN ORDINANCE AMENDING CHAPTER 70, ARTICLE III, SECTION 70-97,
"SCHOOL ZONES", PARAGRAPH (a), SUBPARAGRAPHS (8), (9), AND (10), OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTS; FOR THE PURPOSE
OF DESIGNATING SPEED LIlVIITS IN A SCHOOL ZONE;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED
DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
CITY OF LA PORTS
s/Norman L. Malone, Mayor
ATTEST:
s/Martha A. Gillett, City Secretary
APPROVED:
s/Knox W. Askins, City Attorney
• •
REQUEST F~CITY COUNCIL AGENDA ITEM •
Agenda Date Requested: June 12, 2000
Requested By: M. Gillett Departmen~iriuustration -City Secretary
Report Resolution X Ordinance
Exhibits: Ordinance 1000-1-G
SUNIlVIARY & RECOMMENDATION
Ordinance 1000-1-G, if approved, would allow a new applicant to sell beer on-premise. The City has processed the new
application of Port Auto Truck Stop/Finefair Inc. and has determined that it meets qualifications as outlined in
Ordinance 1000-1. The permit will be issued in the name of Port Auto Truck Stop. This permit was previously issued
in the name of Nazar ICasamali Momin iridividual and he is now requesting the permit be issued as a corporation.
Ordinance 1000-1-will be amended by adding the following:
STREET ADDRESS OF THE PROPERTY: 904 W. Barbours Cut Blvd., Harris County, Texas 77571.
LEGAL DESCRIPTION OF THE PROPERTY: TR 5, BLK 5, Nebraska Syndicate, Town of La Porte, Harris
County, Tx.
PROPERTY OWNER: Finefair Inc., d/b/a Port Auto Truck Stop
NAME OF APPLICANTS: Nazarali Momin and Akbarali Momin
ADDRESS OF APPLICANT: 6306 Hidden Crest Way, Sugarland, Tx. 77479 and 14619 Underwood Creek
Way, Houston, Texas 77062
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Port Auto Truck Stop
Action Required by Council:
Consider approval of Ordinance 1000-1-G.
Availability of Funds:
_ General Fund_ Water/Wastewater
_ Capital Lnprovement_ General Revenue Sharing
_ Other
Account Number: Funds Available: _ YES _ NO
Approved for Citv Council Agenda
Robert T. Herrera Date
City Manager
ORDINANCE NO. 1000-1-G
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6,
SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY
ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR
CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTHER PROVIDING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS; the City of La Porte has, in Chapter 6 of the Code of Ordinances of
the City of La Porte, regulated the location, closing hours, and sate of wine and/or beer
on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage
Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the
provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109,
Subchapter C, Section 109.31 et seq~; and
WHEREAS, the Code of Ordinances of the City of La Porte expressly limits the
locations at which wine and/or beer may be sold in the City, and further expressly
identifies the names of establishments and permit holders authorized to sell wine and/or
beer under the terms of said Code; and
WHEREAS, a new applicant desires to sell wine and/or beer at a location not
previously permitted in the Chapter 6 of the Code of Ordinances of the City of La Porte;
and
WHEREAS, .the City has, pursuant to the terms of said Code, made its
investigation to ascertain whether said new applicant has qualified for a beer and/or
wine permit from the City; and
WHEREAS, the City has determined that the new applicant qualifies for a beer
and/or wine permit from the City;
Ordinance No. 1000-1-G •
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. Chapter 6, Section 6-78 of the Code of Ordinances of the City of La Porte is
hereby amended by granting a new permit for the operation of a restaurant, as defined
in said Code, at the following location, which permit shall be personal to the applicant,
and non-transferable, and shall be further conditioned that the permittee shall comply
with the provisions of the Texas Alcoholic Beverage Code, and all other applicable
federal, state, and local laws and ordinances, including other provisions of this
ordinance and the Code of Ordinances of the City of La Porte;
STREET ADDRESS OF PROPERTY: 904 W. Barbours Cut Blvd., La Porte,
Harris County, Texas 77571
LEGAL DESCRIPTION OF PROPERTY: TR 5, BLK 5, Nebraska Syndicate,
Town of La Porte, Harris County, TX
PROPERTY OWNER: Fine Fair Inc., d/b/a Port Auto Truck Stop
NAME OF APPLICANT: Nazarali Momin and Akbarali Momin
ADDRESS OF APPLICANT: 6306 Hidden Crest Way, Sugar Land, TX 77479 and
14619 Underwood Creek Way, Houston, TX 77062, respectively
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Port Auto Truck
Stop
Section 2. It is the intent of the City Council of the City of La Porte that this
Ordinance merely permit the sale of wine and/or beer during the hours set by the
general laws of the State of Texas by retailers selling wine and/or beer for consumption
on premises at the locations established in Section 1 of this Ordinance. This Ordinance
is not an attempt to create zoning or other land use rights in property owners at said
location, such that the provisions of Chapter 106 of the Code of Ordinances of the City
of La Porte, the City of La Porte Zoning Ordinance, together with all amendments
thereto (as such provisions impose standards on premises or businesses within the City
. , ,_
Ordinance No. 1000-1-G
Page 3
of La Porte, regardless of whether such business or premises are required to have a
license or permit under the Texas Alcoholic Beverage Code) govern and supersede the
provisions of this Ordinance, in the event of a conflict between this Ordinance and the
provisions of the Zoning Ordinance and amendments thereto. This application for wine
and/or beer for consumption on premises shall be subject to the provisions of:
a. The Texas Alcoholic Beverage Code;
b. Chapter 6 of the Code of Ordinances of the City of La Porte;
c. This Ordinance insofar as this Ordinance does not conflict with the provisions
of the Texas Alcoholic Beverage Code; and
d. The Zoning Ordinance of the City of La Porte, and all amendments thereto,
as such provision apply to all businesses within the City of La Porte,
regardless of whether or not such businesses are required to obtain a license
or permit under the provisions of the Texas Alcoholic Beverage Code.
Section 3. 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 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 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.
Ordinance No. 1000-1-G
Page 4
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 5. This Ordinance shall be effective from the date of its passage and
approval, and it is so ordered.
PASSED AND APPROVED this the ~~~ day of , 2000.
CITY OF LA PORTE
~ - ~...C~if '
Norman L. Malone; Mayor
ATTEST:
1
Martha Gillett,
City Secretary
•
PUBLIC NOTICE
ORDINANCE 1000-1-G
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6,
SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTS, BY
ADDING AN AREA AT A RESTAURANT WIRE WINE AND/OR BEER FOR
CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTI~R PROVIDING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTTVE
DATE..
CITY OF LA PORTS
s/Norman L. Malone, Mayor
ATTEST:
s/Martha A. Gillett, City Secretary
APPROVED:
s/Knox W. Askins, City Attorney
• •
• •
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 12, 2000
Requested By: Doug Kneuppe Department: Planning
Report Resolution
X Ordinance
Exhibits: Ordinance Bid Tabulation Bidder's List
Summary & Recommendation
As part of the FY 1999-2000 Budget for Utility Capital Improvement Projects, City Council
approved $20,000.00 for Ground Storage Tank Repairs. The Ground Storage Tank Repairs
project consists of sandblasting, minor pit repairs and application of NSF approved 3-coat
epoxy paint system to the interior floor of three galvanized bolted steel water storage tanks.
(Tank #1 on Fairmont Park, Tank #2 on 4`h Street, and Tank #3 on Bandridge Street)
Design and engineering were performed on this project utilizing City Staff. On May 15, 2000,
the City received competitive bids from three qualified contractors (see attached Bid
Tabulation). Gulf States Protective Coatings, Inc. of Kemah, Texas submitted the low bid in
the amount of $27,000.00. Contract will be complete within 105 working days once "Notice
to Proceed'° is issued.
Staff has reviewed the bids submitted and determined the low bid from Gulf States Protective
Coatings, Inc. is within the budgeted amount and Gulf States Protective Coatings, Inc. is
qualified to perform this work. Staff recommends that the City Council authorize the City
Manager to execute a contract with Gulf States Protective Coatings, Inc. in the amount of
$27,000.00 and further authorizing $1,350.00 (5%) contingency for the Ground Storage Tank
Repairs. The extra funds ($8,350.00) can be obtained from account 003-9890-816 (Catlett
Waterline Replacement) surplus.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with
Gulf States Protective Coatings, Inc. in the amount of $27,000.00 and further authorizing
$1,350.00 contingency for the Ground Storage Tank Repairs. In addition, authorize the use of
excess funds from the Waterline Replacement Project.
Availability of Funds:
General Fund Water/Wastewater
X Capital Improvement General Revenue Sharing
Other
003-9890-816
Account Number: 003-9890-817
Funds Available: X Yes No
Approved for City Council Agenda
~~ T. I1~.~-~,....~ c~-c~ -~a
Robert T. Herrera Date
City Manager
ORDINANCE NO. 2000- ~ ~ 1 S
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTS AND GULF BTATEB PROTECTIVE
COATINGS, INC. FOR GROUND STORAGE TANK REPAIRS;
APPROPRIATING X28,350.00 TO .FUND SAID CONTRACT; MAKING
VARIOUS FINDING8 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
PORTS:
Section 1. The City Council hereby approves and authorizes the
contract, agreement, or other undertaking described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The City
Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affix the seal of the City
to all such documents. City Council appropriates the sum of $28,350.00
from Utility Capital Improvement Fund 003 to fund said contract.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
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
ORDINANCE NO. 2000-,~~F15
•
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.
3ectioa 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this June 12, 2000.
CITY OF LA PO E
/ ~~
By: =- ~ ~ .~
Norman L. Malon ,
Mayor
City Attorney
ATTEST:
M ha Gillett,
City Secretary
~, },y
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++'' '•~ ~`' CLP~.•PROJECT~NO.2000-6201 ~ - '• ' ±•` ~'
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• •
B1D PROPOSAL FOR LUMP SUM PRICE CONTRACT
BID SCHEDULE
CLP Project No. 2000-6201
GROUND STORAGE TANK REPAIRS_ ___
Item Description Unit Estim. Unit Price Total
No. Quart. ~ Bid
1.0 TANK # 1 FAIRMONT BUSTER L S 1
STATION 10215 HIL.LRIDGE
APPROX 710 SF.
~ $ix t ~o1ZshA~ ~ ~~toO ~•~~~t~
per t,U~u P S M
00
~ ooo~ 4,000
2.0 TANK # 2 WATER PLANT .No. 3 LS 1
404 WEST FAIRMONT PARKWAY # ~t_ ~ !2
(,a' 4T" ST. APPROX 710 SF. 00 ~Qoo
~ . ,~/
Stx i~.o~s,4~-~ ~ ~~toa ~ol~ki~s
per L~,ut P Sc~M
3.0 TANK # 3 WATER PLANT # 7 8610 L~ 1
BANDRIDGE APPROX. 2,375 SF. ~ y o i~Da '~ ~ 00~oO
~ ~ t F~E~~ ! t-a t1s~a ~ ~ ~/~ e1 ~~t-5
per LUM {~ SUM
Bid Proposal 2 ofi 5
AGREEMENT
CLP Project No. 2000-6201
THIS AGREEMENT, made this 12n' day of June, 2000, by and between the
CITY OF LA PORTE, ,hereinafter called "Owner", acting herein through its CITY
MANAGER and Guff States Protective CoatinQS. Inc. (a~corporation) of Kemah
County of Harris ,and State of Texas, hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR
hereby agrees with the OWNER to commence and complete the construction described
as follows:
Ground Storage Tank Repairs
CLP PROJECT N0.2000-6201
hereinafter called the project, for the Total Price of Twenty-seven Thousand Dollars
($ 27.000.00 )and all extra work in connection therewith, under the terms as stated
in the General and Supplementary Conditions of the Contract; and
Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and
expense, to furnish all the materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services necessary to
complete the said project in accordance with:
A. The terms and conditions stated in the Proposal and in the General
Conditions, and Supplementary Conditions of this Contract; Scope of Work
B. The plans, which include all maps, plats, blue prints, and other drawings
and printed or written explanatory matter thereof; and
C. The Specifications and other contract documents therefore, as prepared
by the City of La Porte, all of which are made a part hereof and collectively evidence
and constitute the contract.
~,
~ 1
A..M\I.M/.w+ '~ n~ 7 I I
• •
The CONTRACTOR hereby agrees to commence work under this contract on or before
a date to be specified in a written "Notice to Proceed" of the Owner and to fully
complete the project within the time frame described under the technical Specification.
The CONTRACTOR further agrees to pay, as liquidated damages, the sum of
100 for each consecutive calendar day thereafter as hereinafter provided in
Paragraph SC-6 of the Supplementary Conditions. ~~
IN WITNESS WHEREOF, the parties to these present have executed this
contract, each of which shall be deemed ari original, in the year and day first above
mentioned.
By: Q ~ ~~~-~-
Robert T. Herrera .
City Manager
Title
City of La Porte
Name of Owner
SEAL
Attest:
By: `"~ a 1.
Martha Gillett
City Secretary
Title
SEAL
1^ 11 n
~-v ~ ~ S l nr-~2 S ~ o~sc~+ J e.:, l.~O q- i ^I,~g .~L~~ ~ ,
Name of racti g Finn
ey:
Signature of Autlhorized Person
cS c eJr~~ ~ -
Title of Authorized Person
~o t o ~ ~ s {~r~~ ~- ~ ? l
Address an Zip Code
Witness
liliy HIIOffl~y
Ann?Pmpnf 7 of 7
•
CITY OF LA PORTE
GROUND STORAGE TANK REPAIIZS
CLP PROJECT #2000-6201
BID TABULATION
Gulf States Protective Coatings yes 30 ITEM 1 $6,000
30 ITEM 2$6,000
45 ITEM 3 $15,000
105 TOTAL 3 ITEMS $27,000
Water Tank Service check 30 ITEM 1 $6,780
30 ITEM 2 $6,780
45 ITEM 3 $16,200
105 TOTAL 3 ITEMS $29,760
Texas Bridge, Inc. yes 30 ITEM 1 $20,800
30 ITEM 2 $20,800
45 ITEM 3 $28,600
105 TOTAL 3 ITEMS $70,200
..._ . •
CITY OF LA PORTE
GROUND STORAGE TANK REPAIRS
CLP PROJECT #2000-6201
Advertisine
The Bayshore Sun- APRII, 30TH and MAY 7TH, 2000
Bid Notice Faxed
Water Tank Service Company D 8t W Contractors Adva~age Contract Services Inc.
PO Box 3099 15831 Miller Rd 7150 Almelo Genoa
Pasadena, Texas 77501 Baytown, Texas 77049 Houston, Texas 77075
Phone (713477-8673 Phone (28156-0898 Phone (713) 991-0747
Fax (71377-9648 Fax (281) 456-0158 Fax (713) 991-3939
La Pone Bayshore
Chambers of Commerce
Fax (281p471-1710
Associated General Co~ractors
3825 Dacoma '
Houston, TX 77092 '
Phone: 713-843-3700
FAX: 713-843-3701
Contractors That Picked Up Plans 8t ~ Specifications
Furlow Services
PO box 853
La Porte Tx 77571
Fax (28171-3069
Quality Tank Service
123 Choupique Rd.
Plaucheville, La.
Fax (318)922-3102
D & W Contractors, Inc.
15831 Miller Rd 1
Houston, Texas 77049
Fax (281456-0158
Epoxy Design Systems, Inc.
P O Box 19845
Houston, Texas .
(281)856-9909
Texas Bridge, Inc
281~4I-8913
Golf States Protective Coatings
25 Harbor Lane
Kemah Texas 77565
(281)334-5798
AGC of Texas
2400 Augusta
Houston, Texas. 77057
(713)3347100
Aoudad Services
La Porte,l5c. 77571
Fax (281)-470.6817
IIevated Tanks Applicators
2944 Crater Lake Dr.
Baton Rouge La.70814
(225)928-0543
DMS Paintiing
Deer Padr, Texas 77536
(281)991-7709
• •
CONSENT AGENDA
~ ~
A
REQUEST ~ CITY COUNCIL AGENDA ITEM •
Agenda Date Requested: June 12 20
Requested By: Steve Gillett p nt: .Public Works
XX Report Resolution Ordinance
Exhibits: Bid Recap Sealed Bids #0807 -Hot Mix Asphalt -Type D
SITIVIlVIARY & RECOMMENDATION
Advertised, sealed bids #0807 for Hot Mix Asphalt - Type D were opened and read on May 30, 2000. Bid requests
were mailed to five (S) vendors with two (2) returning bids.
Low bid meeting specifications was submitted by Martin Marietta Materials at twenty-five dollars ($25.00) per ton.
Using estimated yearly quantities, the total cost of this contrail would be $50,000.00.
Staff recommends award of the bid for Hot Mix Asphalt - Type D to Martin Marietta Materials, low bidder meeting
specifications. Adequate funds for this contract are budgeted in the 1999/2000 Street Maintenance Division Operating
Budget.
Action Required by Council: Award bid for the annual supply of Hot Mx Asphalt - Type D to Martin Marietta
Materials as recommended by Staff.
Availability of Funds:
X General Fund_ Water/Wastewater
_ Capital Improvement General Revenue Sharing
Other
Account Number: 001707] 5314015 Funds Available: X YES NO
Aaaroppved for Citv Council Agenda
~,
Robert T. Herrera Date
City Manager
• ~ •
BID TABULATION
BID #0807 -HOT MIX ASPHALT
MARIETTA
DESCRIPTION ~ QTY MATERIALS CEMEX USA
HOT MIX ASPHALT -TYPED 2000 $25.00 $26.00
PICKED UP
TOTAL 50,000.00 52,000.00
LOCATION 922 Mayo Shell Rd. 5303 Navigation
Galena Park, TX Houston, TX~
u
GULF STATES ASPHALT
PO BOX 508
SOUTH HOUSTON TX 77587
MARTIN MARIETTA
PO BOX 3129
HUMBLE, TX 77347
WRIGHT ASPHALT PRODUCTS
704 SHELDON RD SUITE B
CHANNELVIEW TX 77530-3538
•
BIDDER'S LIST
HOT MIX ASPHALT -TYPE D
SEALED BID #0807
PRIME MATERIALS INC
600 CENTURY PLAZA DRIVE STE 100
HOUSTON TX 77073
CEMEX USA
P.O. BOX 4608
HOUSTON, TX 77210-4608
CHAMBER OF COMMERCE
P.O. BOX 996
LAPORTE, TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
MAY 14, 2000
MAY 22, 2000
• •
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 14 19
Requested By: Ste hen L. Barr Department: Parks & Recreation
XX Report Resolution Ordinance
Exhibits: 1. SEALED BID#0805 -Remove and Install HVAC Equipment at Civic
Centers
2. Bid Tabulation ~ Bidder's List
SUMMARY 8~ RECOMMENDATION
The City of La Porte has requested formal bids for removal and installation of HVAC
equipment at Jennie Riley Recreation Center and Evelyn Kennedy Civic Center. Bidding
documents were delivered to eleven vendors. Two (2) vendors returned bids for the
equipment specified; the bids were opened on May 30, 2000. Specifications call for a ten
(10) ton electric air conditioning unit to be installed at Evelyn Kennedy Civic Center, and
two(2) ea. gas/electric five(5) ton air conditioning/heating units to be installed at Jennie
Riley Recreation Center to replace existing equipment that has reached its life expectancy.
The low bidder meeting specifications for the specified equipment was Beltway A/C 8
Heating, Inc. with a bid of Fifteen Thousand Six Hundred Fifty-eight Dollars ($15,658.00): After
review, staff recommends acceptance of the bid by Beltway A/C 8~ Heating, Inc. as low
bidder meeting specifications. Funds are allocated in Capital Outlay funds in the amount
of S 18,000 for this equipment purchase. Beltway A/C 8~ Heating, Inc. has stipulated in their
bid proposal that they will deliver the equipment specified within 30 days of receipt of the
purchase order.
Staff Recommendation:.
Staff recommends that the bid submitted by Beltway A/C ~ Heating, Inc. be
accepted as low bidder meeting specifications.
Action Required by Council:
Consider award of bid to Beltway AJC >~ Heating, Inc. to remove and install HVAC
Equipment for Jennie Riley Recreation Center and Evelyn Kennedy Civic Center.
Availability of Funds:
XX General Fund
Capital Improvement
N/A
Water/Wastewater
General Revenue Sharing
Account Number: 001-8080-552-8002 Funds Available: XX YES NO
Approved for City Council Aoenda
Robert T. Herrera
City Manager
~.~-o~
Date
CITY OF LA~PORTE
INTEROFFICE MEMORANDUM-
MAY 31, 2000
TO: STEPHEN BARR, PARKS & RECREATION DIRECTOR
FROM: SUSAN KELLEY, PURCHASING MANAGER ,~Z
SUBJECT: SEALED BID #0805 -REMOVE & INSTALL HVAC EQUIPMENT AT -
CIVIC CENTERS
Advertised, Sealed Bids #0805 for Remove ~ Install HVAC Equipment at Civic Centers
wen: opened and read on May 30, 2000. Bid requests were mailed to' eleven (11)
vendors with two (2) returning bids. .
Beltway A/C ~ Heating submitted low bid meeting specfications. A copy of their bid is
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
- JUN - 1 ~0
•
BID TABULATION .
BID # 0805 -HVAC EQUIPMENT AT CIVIC CENTERS
. BELTWAY A/C HEATING 8
DESCRIPTION 8~ HEATING A/C
1) Remove & Install HVAC~Equipment at Evelyn Kennedy $7,653.00 $7,950.00
2) Remove & Install HVAC Equipment at Jennie Riley $7,255.00 $8,650.00
TOTAL $14,908.00 16,600.00
"All or None Bid" -Lump Sum on Both Sections NO BID $16,100.00
OPTION
Replacement of Roof Curb ~ $750.00 NO BID
* •
BIDDER'S LIST
AIR-VALUE INC
PO BOX 596
LA PORTE ~TX
REMOVAL ~ INSTALL HVAC EQUIPMENT AT CIVIC CENTERS
SEALED BID #0805
AIRE BY~THARLING
1315 WOLLAND AVE
77572 HOUSTON, TX 77029
ARVELL MOORE AIR CONDITIONING
1320 WEST MAIN
LA PORTE~ TX 77571
BELTWAY AIR CONDITIONING
5419 SYCAMORE
.PASADENA TX 77503
ECONOMY HEATING & AIR CONDITIONING
PO BOX 80
LA PORTE TX 77572
MONUMENT MECHANICAL SERVICE
11718 ALAMO
LA PORTE ~ TX 77572
T 8~ L.MECHANICAL
1118 E. SAN AUGUSTINE
DEER PARK TX 77536
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996 ,
BARRETTS AIR CONDITIONING
PO BOX 748
LA PORTE TX 77.572
COASTAL AIR CONDITIONING
704 WEST MAIN
LA PORTE TX 77571
FINCH AIR CONDITIONING
2301 UNDERWOOD
LA PORTE TX 77571
ROBERTS A/C & HEATING
10435 CARLOW LANE
LA PORTE TX 77572
BAYSHORE SUN PUBLISH DATES.:
MAY 14, 2000
MAY 21, 2000
~ •
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• •
ASKINS & ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1219
LA PORT E, TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
CHARLES R. HUGER. JR.
BOARD CER TIIICD - CIVIL TRIAL LAW
TEXAS BOARD 0/ LEGAL BPECIA LI2 ATION
CLARK T. ASKINS
June.5, 2000
Mr. Robert T. Herrera
City Manager
City of La Porte
City Hall
La Porte, Texas
Re: Council Expense Reimbursement
Dear Mr. Herrera:
TELEPHONE 291 471-1898
TELECOPIER 291 471-2047
You have requested my opinion on the question of reimbursement to
the Mayor and' City Councilpersons, for expenses which they
reasonably incur in the performance of their duties.
Section 2.05, "Compensation", of the Home Rule Charter of the City
of La Porte reads as follows:
"2.05 Compensation.
Each councilperson and the mayor shall receive for his
services a salary in an amount determined by the council,
not to exceed the sum of twenty-four hundred dollars
($2,400.00) per year for the mayor, and twelve hundred
dollars ($1,200.00) per year for each councilperson."
This provision of the Home Rule Charter provides the mayor and
Councilpersons with a~salary for services.
In addition, I have advised City Council that it may reimburse to
the Mayor and Councilpersons,'expenses which each of them may
reasonably incur in the performance of their duties, as budgeted by
City Council.
In establishing guidelines and criteria as to what constitutes
reasonable expenses, I have likewise advised City management and
City Council, to follow Internal Revenue Service Code provisions
applicable to businesses, for reimbursement of employee expenses.
In the case of 'automobile expenses, IRS guidelines provide for two
methods of reimbursement. The first is reimbursement for
automobile mileage. The current allowable reimbursement is 32.54
per mile. The other allowable method of reimbursement, is by a
monthly automobile allowance. A monthly allowance should be
calculated to cover the business portion of the vehicle expenses,
and should include depreciation, repairs and upkeep, insurance and
fuel expenses.
•
Mr. Robert T. Herrera
June 5, 2000
Page 2
The decision to provide the Mayor with
a policy decision within the authority
not in conflict with the City Charter.
A5~5 & ARMSTRONG, P. C.
ATTORNEYS AT LAW
a monthly car allowance is
of the•City Council and is
IRS regulations also allow for reimbursement for meals and lodging
expenses incurred in traveling on company business, parking
expense, rent car expense, and the like.
In summary, it is my opinion that the City of La Porte's practice
of •reimbursing the Mayor and Councilpersons for their expenses
reasonably incurred in the conduct of City bus~.ness, as budgeted by
City Council, is legally permissible. Such expenses should be
properly logged and receipted, and submitted to the City's Finance
Department for .reimbursement.
Yo s very truly, .
r
• C/ ~
nox W. Askins
City Attorney
City of La Porte
KWA:sw