HomeMy WebLinkAbout2000-10-09 Regular Meeting and Public Hearing
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MINUTES OF THE REGULAR MEETING
AND PUBLIC HEARING
OF LA PORTE CITY COUNCIL
OCTOBER 9, 2000
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young, Jerry Clarke,
and Norman Malone.
Members of Council Absent: None
Members of City Executive Staff and City Emplovees Present: City Manager Robert T.
Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, City Secretary
Martha Gillett, Assistant Finance Director Mike Dolby, Director of Administrative
Services Louis Rigby, Parks and Recreation Director Stephen Barr, Public Works
Director Steve Gillett, Planning Coordinator Masood Malik, Emergency Services
Director Joe Sease and Planning Director Doug Kneupper.
Others Present: Bill Scott, Sib Carpenter, Spero Pomonis, Patty Welborn, David
Hernandez, Marlin Fenn, Roy Myers, Gary Hines and a number of citizens.
2. Reverend Marlin Fenn - First United Methodist Church delivered the invocation.
3. Council considered approving the minutes of the Regular Meeting on September 25,
2000.
Motion was made by Council person Young to approve the minutes of the Regular
Meeting on September 25.2000 as presented. Second by Councilperson Clarke. The
motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Young, Clarke, and Malone.
Nays: None
Abstain: Porter
Councilmember Gay arrived at 6: 15 PM.
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
T AXP A YERS WISHING TO ADDRESS COUNCIL.
The following citizens addressed City Council.
David Hernandez - 321 south 3rd Street - Mr. Hernandez addressed Council concerning
the scheduling of heavy trash pick up and solid waste ordinance.
Sib Carpenter - 5234 Glen Park - Ms. Carpenter addressed Council concerning the
taxation system. She informed Council she had been doing research and the taxes are not
assessed evenly throughout the City. She requested Council look into this matter.
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City Council Minutes - October 9, 2000 - Page 2
Bill Scott - 1802 Lomax School Rd. - Mr. Bill Scott addressed the Council regarding the
proposed Farrington Blvd. Extension. He referenced a letter from Mr. Ben Guttery,
Senior Program Manager of the Texas Airport Development Office, Federal Aviation
Administration, and read portions of the letter, including "Advisory Circular 150/5300 on
Airport Design does not preclude roads from being in RPZs" (Runway Protection Zones).
He stated that Mr. Guttery's interpretation of the FAA's Advisory Circular regarding
design standards for airports was incorrect, and cited several portions of the document to
prove his points.
5. PRESENTATIONS
Mayor Malone presented Gary Hines with the Wings Over Houston Week Proclamation.
6. Council considered approving a resolution designating a representative and an alternate
representative to serve on Board of Directors of the Houston-Galveston Area Council for
the year 2001.
City Manager Robert T. Herrera presented summary and recommendation and answered
Council's questions.
City Attorney read: RESOLUTION 2000-15 - DESIGNATION OF
REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL YEAR 2001 AND
BOARD OF DIRECTORS.
Motion was made bv Counciloerson Gav to aODfove Resolution 2000-15 as oresented bv
Mr. Herrera and recommended Guv Sutherland as Reoresentative and Jerrv Clarke as
Alternate. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
7. Open Public Hearing - Mayor Malone opened the Public Hearing at 6:25 PM.
Review by Staff - Doug Kneupper presented summary and recommendation.
Public Input - Chris Hulman, 2332 Crow's Nest Drive, League City, Texas addressed
Council on behalf of Mr. Dutko in support of the issuance of this Special Conditional Use
Permit.
Recommendation of Staff - Based on recommendation of the Planning and Zoning
Commission staff recommends the issuance of this permit.
Close Public Hearing - Mayor Malone closed the Public Hearing at 6:40 PM.
8. Council considered approving an ordinance amending the code of ordinances of the City
of La Porte, Chapter 106, more commonly referred to as the zoning ordinance of the City
of La Porte, by changing the zoning classification of that certain parcel of land described
as follows, to wit: trs 8a, 5f!, & 49 a of the W.P. Harris Survey, Abstract 30, La Porte,
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City Council Minutes - October 9,2000 - Page 3
Harris County, Texas - to PUD, with a Special Conditional Use Permit attached, for the
development of Phase One (16.02 acres) of a Multi-Family Development to be known as
Park Forest Apartments.
City Attorney read: ORDINANCE 1501-LL - AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONL Y REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF
LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO WIT: TRS 8A, 5Fl, & 49 A OF
THE W.P. HARRIS SURVEY, ABSTRACT 30, LA PORTE, HARRIS COUNTY,
TEXAS - TO PUD, WITH A SPECIAL CONDITIONAL USE PERMIT A TT ACHED,
FOR THE DEVELOPMENT OF PHASE ONE (16.02 ACRES) OF A MULTI-FAMILY
DEVELOPMENT, TO BE KNOWN AS PARK FOREST APARTMENTS; 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 by Counciloerson Ebow to approve Ordinance 1501-LL as presented
by Mr. Kneupper. Second by Councilperson Griffiths. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
9. Council considered approving ordinances authorizing a contract between the City of La
Porte and BFI Waste Systems of North America, Inc., for collection and disposal of
commercial solid waste.
Director of Public Works Steve Gillett presented summary and recommendation and
answered Council's questions.
City Attorney read: ORDINANCE 2000-2439 - AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BFI
WASTE SYSTEMS OF NORTH AMERICA, INC., FOR THE COLLECTION AND
DISPOSAL OF COMMERCIAL SOLID WASTE; MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE
DA TE HEREOF.
Motion was made by Councilperson Engelken to approve Ordinances 2000-2439
presented bv Mr. Gillett. Second by Councilperson Gay. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None.
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City Council Minutes - October 9,2000 - Page 4
10. Council considered approving an ordinance amending Chapter 58 (Solid Waste) Division
2, "Sanitation Container System Service", of the code of ordinances of the City of La
Porte, and Chapter 58, Article III, "Rates and Charges", of the code of ordinances of the
City of La Porte.
Director of Public Works Steve Gillett presented summary and recommendation and
answered Council's questions.
City Attorney read: ORDINANCE 2000-2440 - AN ORDINANCE AMENDING
CHAPTER 58 (SOLID WASTE) DIVISION 2, "SANITATION CONTAINER
SYSTEM SERVICE", OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, AND CHAPTER 58, ARTICLE III, "RATES AND CHARGES", OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, AND APPENDIX A-
FEES, CHAPTER 58, SOLID WASTE, OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilperson Ebow to approve Ordinance 2000-2440 as presented
by Mr. Gillett. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
11. Council considered approving an ordinance amending Chapter 70, Article III, Section 70-
106 and 70-107 of the code of ordinances of the City of La Porte, for the purpose of
designation maximum speed limits upon streets within the City of La Porte.
Director of Public Works Steve Gillett presented summary and recommendation and
answered Council's questions.
City Attomey read: ORDINANCE 2000-2441 - AN ORDINANCE AMENDING
CHAPTER 70, ARTICLE III, SECTION 70-106 AND 70-107 OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE; FOR THE PURPOSE OF
DESIGNATING MAXIMUM SPEED LIMITS UPON STREETS WITHIN THE CITY
OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF
THEIS 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.
Motion was made by Councilperson Porter to approve Ordinance 2000-2441 as presented
by Mr. Gillett. Second by Councilperson Ebow. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
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City Council Minutes - October 9,2000 - Page 5
12. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. Fire Prevention Week October 8 through 14.
B. Salute To Industry Banquet - October 19, 2000
C. Special Called Workshop Meeting - October 16,2000
13. COUNCIL ACTION
Councilpersons Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Malone
brought items to Council's attention.
14. 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)
15. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
Due to no Executive Session there was no action.
16. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 7:12 PM.
Respectfully submitted,
LJ!I0JJ:k)/~
Martha Gillett
City Secretary
Passed and approved on this 23rd day of October 2000.
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Houston-Galveston Area Council
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~.~-___ _ ::' :_._~-';':.:_:.__, ._~,~ Office of the Executive Director
PO Box 22777.3555 Timmons. Houston, Texas 77227-2777. 713/627-3200
September 22, 2000
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The Honorable Norman Malone
Mayor, City of La Porte
POBox 1115
La Porte, TX 77572-1115
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Dear Mayor Malone:
I am writing regarding the appointment of La Porte's representative to H-GAC's 2001
General Assembly and Board of Directors.
H-GAC's Bylaws authorize each member city with a population of at least 25,000 but not
in excess of 99,999 according to the last preceding Federal Census (1990) to select one member
of its governing body as its representative and one member of its governing body as an alternate
to the H-GAC General Assembly.
H-GAC's Bylaws also stipulate that your Board of Directors representative shall be the
General Assembly delegate. Therefore, the official chosen to serve as the General Assembly
representative will also be designated to serve on H-GAC's Board of Directors.
I have enclosed the appropriate form for your convenience.
The 2001 designated representatives begin their terms of office at the first of January.
If more information concerning General Assembly and Board of Directors membership
would be useful, please contact me or Mary Ward of the staff. Thanks for your help in selecting
H-CAC's 2001 Geneml Assembly and Board of Directors.
Sincerely,
~
Jack Steele
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Enclosure
cc: City Secretary
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DESIGNATION OF REPRESENTATIVES
HOUSTON-GALVESTON AREA COUNCIL
2001 GENERAL ASSEMBLY
AND
BOARD OF DIRECTORS
*********************************
2000-15
BE IT RESOLVED, by the City Council of La Porte, Texas that the following be and are hereby
designated as the representative and alternate of the General Assembly of the Houston-Galveston
Area Council for the year 200 I:
REPRESENTATIVE 6 w y
ALTERNATE 'j e-rr~
:5u -r ftU L1t'ND
C-l ark. -e,
FURTHER THAT, they are hereby, designated as the representative and alternate to the Board
of Directors of the Houston-Galveston Area Council for the year 2001.
THAT, the Executive Director of the Houston-Galveston Area Council be notified of the
designation of the hereinabove named delegate and alternate.
PASSED AND ADOPTED, this the~ day of f.X...,-t-o!J.e,
,2000.
APPROVED:
Lb~/--
ATTEST:
'-1/] {);f;t/rv {J. ~dft/
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 09. 2000
Requested By: Doue: KneupperA vi'
Department: Plannine: 'V::fU '"'" ~
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Report: x Resolution: _Ordinance: X
Amount Budgeted:
N/A
Exhibits:
Ordinance
Staff Report to P&Z
General Plan
Area Map
Mail Out Response
Amount Requested:
N/A
Budgeted Item: YES
NO
SUMMAllY & RE~OMMENDATION
The Planning and Zoning Commission, during its September 21, 2000, meeting, held a public hearing to receive
citizen comments regarding Special Conditional Use Pennit Request #SCUOO-OOl. The request, submitted by Mr.
Edward Dutko, seeks approval of a General Plan and a Special Conditional Use Pennit (SCUP). The General Plan
is for the entire 107 acre tract and the SCUP is for Phase One consisting of 16.2 acres of multi-family residential
development to be known as Park Forest Apartments. The property is located at the southeast comer of SH 146 and
McCabe Road.
This General Plan demonstrates that 75.7 acres out of 107 acres would need to be preserved in perpetuity as a
Conservation Easement based on a pennit the applicant received from the US Army Corps of Engineers. The
remaining developable acreage shows 28.5 acres as high-density residential and 1.35 acres as a commercial comer.
A detailed analysis of this project is provided as a staff report that was previously presented to the Planning
and Zoning Commission. Six (6) notices of public hearing were mailed to surrounding property owners. One
response was received in this regard.
The Planning and Zoning Commission, by unanimous vote, has recommended approval of Special Conditionai Use
Pennit #SCUoo.oo 1 with the following conditions:
1. The overall density of the project (Phase 1 & 2) shall not exceed 19.7 dwelling units per acre.
2. The applicant shall enter into Sewer Service Agreement and commit to paying for lift station
upgrades related to this development project.
3. This action in no way commits the City to any maintenance responsibilities for the 7S.7 acre
Conservation Easement.
Action Reauired bv Council:
1. Conduct public hearing.
2. Consider approval of Special Conditional Use Pennit #SCUOO-ool.
ADProved for Citv Coun~U A2enda
~~T/~
Robert T. Herrera, City Manager
l'\) . l..\ - CO
Date
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ORDINANCE NO. 1501-lJ-
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING
CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS
FOLLOWS, TO-WIT: TRS SA, 5F-1, & 49A of the W.P. Harris Survey, Abstract 30,
La Porte, Harris County, Texas; TO PUD, WITH A SPECIAL CONDITIONAL USE
PERMIT ATTACHED; FOR THE DEVELOPMENT OF PHASE ONE (16.02 acres) OF
A MULTI-FAMILY DEVELOPMENT, TO BE KNOWN AS THE PARK FOREST
APARTMENTS; 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 21 sl of September, 2000, 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. Immediately following such public hearing on September 21, 2000,
the Planning and Zoning Commission of the City of La Porte met in regular session to
consider the changes in classification which were the subject of such public hearing.
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The City Council of the City of La Porte is in receipt of the written recommendations of
the City of La Porte Planning and Zoning Commission, by letter dated September 25,
2000, 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 9th day of October, 2000, 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.
"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 in accordance therewith, and
the zoning classification of said parcels of land shall hereafter be " PUO - Planned Unit
Development with a Special Conditional Use Permit" for multi-family residential use.
The conditions of said Conditional Use Permit shall be that the property be formally
platted, with phase one of the project being a 16.02 (more or less) acre tract. Further
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conditions are as set forth in the Motion and Recommendations of the Planning and
Zoning Commission of the City of La Porte, and shall be as set forth within the
incorporated terms of the SCUP, a true copy of which is attached hereto as Exhibit "F".
The description of said parcels of land rezoned pursuant to said SCUP are as follows,
to-wit:
TRS 8A, 5F-1 and 49A of the W. P. Harris Survey, Abstract 30, La Porte,
Harris County, 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 thereto are desirable and in
furtherance of the goals and objectives stated in the City of La Porte's Comprehensive
Plan.
"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.
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Passed and approved this the [ff-day of October, 2000.
CITY OF lA PORTE
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By:, /::/~/th& / .1~A1~
NOHMAN MALONE, Mayor
ATTEST:
By 0rr; j,tijl/L /Lltt#-.
MARTHA GillETT, .
City Secretary
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THE STATE OF TEXAS
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 P.~L on the 21st
day of September, 2000, in the Council Chambers of the City Hall, 604 West Fainnont Parkway,
La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request
SCU 00-001, which has been requested for TRS 8A, SF-I, & 49A of the W. P. Harris Survey,
Abstract 30, La Porte, Harris County, Texas. The property is located south of McCabe Road and
the easterly right-of-way line of State Highway 146. The request, submitted by Mr. Eddie Dutko,
General Partner, Bayou Forest Apartments, Ltd., seeks approval of a pennit for Phase 1 (16.00
acres) of multi-family development to be known as Park Forest Apartments Subdivision. A Special
Conditional Use Permit is required for the proposed development to be located within a Planned
Unit Development (p.U.D) zone.
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
EXHISrf A
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1200 Hwy. 1-l6
Suite 150
P.O. Box 1-l1-l
281-471-1234
Fax: 2S1--l71-~ih1
E-mail: baysun CS ,;-= 51-ATE CF rEXAS
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La l;UfCt:, 11:.\a::. i / S"I 1 ~
The Bayshore
:CGNTY OF '""ARRIS
F'JlJlisheCi
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3ayshore
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September 3,
2000
SUIC-,;c~:c. ~ ::::LI~
HEARING
In a':cordar
.vlth ~he pro'I'sion of Se
tlcn ~ 06-171 :f the Cc
of Ordinances of the C
:f _a Porte, ar,d the prc
slons of the Texas Loe
3c'/emment Code. noti
s nereby given :t1at the
=orte Planning and Zonl'
CommiSSion NlII conduct
ct.;c!ic hearing at 6:00 P.'
:'1 the 215t day of See
tember, 2000. in tr
C:L.ncd Chambers of :r
Cry Hall. 604 'Nest F:o
Tcnt Parkway, La Por:
Texas. The purpose of tt-
heanng is to consider Sp-
::al Conditional Use Pe
mil ~equest SCU OO-Ge
,'Ir,C!'1 has been requeste
for T;:lS 8-A, SF-1, & 49
of the WP Hams Surve
Abstract 30, La Porte Ha
ns County, Texas. Tr
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ea ri t~aY lije
S te j ig 6i' Tr
re Sl. s It by I; ~
E:Jdie u. Gener
Partner, B ou Fore
Apartments, Ltd. seeks a
prcval of a permit '
Phase 1 (16.00 acres)
multi. family developme.
to be known as Park Fe
est Apartments .Subdi'.
slon. A Special Conditic
al Use Permit is require
for the proposed develcc
ment to be located within
Planned Unit Developme-
(P.U.D.) zone.
'Voice OJ The Bayshore Since 1947'
Ci t.] of La Porte
Co~~ty fo ~.~ris
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Zoning Commission w
follow the publiC hearir
for the purpose of actic"
upon the public heanr
items and to conduct oth~
matters pertaining to tr-
Commission.
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EXH1SlT B
Citizens wishlr
to address the CommlS
slcn pro or con during tn.
Public Hearing will be re
qui red to sign in before tho
meeting is convened.
CITY OF LA PORTE
Martha Gillett
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C'it\~ of La Porte
September 25, 2000
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during a regular meeting on
September 21, 2000, held a public hearing to consider approval of a General
Plan for 107:t acre tract out of the W. P. Harris Survey, A-30, and Special
Conditional Use Permit #SCUOO-001. The request, submitted by Mr. Edward
Dutko, General Partner, Forest Holdings, Ltd., seeks approval of the General
Plan and a permit for Phase One (16.02 acres) of multi-family development, to be
known as Park Forest Apartments. The property is located at the southeast
corner of State Highway 146 and McCabe Road. A Special Conditional Use
Permit is required for the proposed development to be located within a Planned
Unit Development (P.U.D) Zone.
The Planning and Zoning Commission has, by unanimous vote, recommended
that City Council consider approval of the General Plan and Special Conditional
Use Permit #SCUOO-001.
Respectfully Submitted,
.J I
/r~ -H-:-. I)! I ~
~(;~ r.iL~~G.2./ ,1 /'
Betty~+. W~ters 11 ~
Planning and Zoning Commission, Chairperson
C: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
EXHIBIT C
e
e
THE STATE OF TEXAS
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 City Council will conduct a public hearing at 6:00 P.M. on the 9th day of October, 2000,
in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider a Special Conditional Use Permit Request SCU 00-001, which
has been requested for TRS 8A, 5F-l, & 49A of the W. P. Harris Survey, Abstract 30, La Porte,
Harris County, Texas. The property is located at the southeast corner of State Highway 146 and
McCabe Road. The request, submitted by Mr. Eddie Dutko, General Partner, Forest Holdings, Ltd.,
seeks approval ofa permit for Phase One (16.02 acres) of multi-family development to be known as
Park Forest Apartments. A Special Conditional Use Permit is required for the proposed
development to be located within a Planned Unit Development (P.U.D) zone.
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council 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 D
e
e
1200 Hwy. 146
Suite ISO
P.O. Box 1414
281-471-1234
Fax: 281-471-5763
E-mail: bay-sun@s\\.belI.net
"
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La 1'unc, 1C."" i iSH . \ . ~\:
The Baysl10re
'Voice OJ The Bayshore Since 1947'
City of IB Porte
County fa H~ris
State of 'lezas
Before r,e
tl:.e l..Elc1ersis;ne::. authority, on t:lis date
ca-:1e and 2,?:-tared K~012'Tl :(ell0:;~,
represe.'1tative of The Ba':shore S"-.L'1
a G:..:.l~1 2.'-1tr/J.:-izeci
2. se::"~i -.,.;ee~:l:/
r.e~.\:sp3.~r p:ililishe:1 a!-:d ge:-lerall~" dis:.:-ibu.:.e::1 in tl-"'.2
City of La Porte,
Earris Count~', 'l'e.:o.s, a;::' ,'iDO after
c-eing duly Si'.urn,
s,'.'e.a.Ys the 2. t tacr,e:5. r.otice ,'.-a.s
p'-lb1ished
in The 8a~.shore SlL-: c1atei september 24,
1<2.2.-01 \-:1 KellO-jg
.:'_u:.ho~izE.d P,e?reser.tati"t"le
S~".:orn a::.d S".1bscrif:~ tefore ~.e
this
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EQ11SlT E
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
rtO'~ CE OF".L1 L1CC
V\ EAR~
1\ Jordance
with the ~Vi~( of Sec-
tion 106-1 1 of the Code
of Ordinances of the Cit'
of La Porte. and the provl
sions of the Texas Local
Govemment Code, noticE
is hereby given that the La
Porte City Council will con.
duct a public hearing at
6:00 P.M. on the 9th day
of October, 2000, in the
Council Chambers of tl',E
City Hall, 604 West Fa ir
mont Parkway. La Pl';rte
T:>xas. The purpo~e ')f thl~
heanl10 is to corlsider 2
SpecIal Conditicpn USE
Permit Request iSCU 00-
001, which has Ibeen re
quested for TRS !SA. SF-1
& 49A of the v:jP. Harn~
Survey, Abstra,.t 30, L~
Porte, Harris County
Texas. The ~roperty is Ie
cated at ti-ie sout.'le&st cor
ner of '-3tate Highway 14f-
and Me Cabe Aoilld.. Th.
request. submitted by Mr
Eddie tOutko. G.'3nera
Partner, Forest Holdi'ng:>
Ltd., seek's approval of a
permit fo r Phase One
(16.02 acr'3s) of multi.fami.
Iy develc'pment to bE
known as Park Forest
Apartments, A Special
Conditional Use Permit is
required fClr the proposec
development to be locatec
within a PI~nned Unit De-
velopment (~.lJ.D.) zone.
A regular meet-
ing of the City Council will
follow the public hearing
for the purpose of acting
upon the public hearing
items and to conduct other
matter pertaining to the
Council.
Citizens wishinc
to address the Council pre
or con during the Public
Hearing will be required te
sign in before the meeting
is convened.
CITY OF LA PORTE
Martha Gillett
e
e
City of La Porte
Special Conditional Use Pennit
Pennit # SCU #00-001
This pennit is issued to:
Eddie Dutko
Owner or Agent
444 E. Medical Center Blvd., #616, Webster, TX
Address
For Development of:
Park Forest Apartments Subdivision
Development Name
1200 Block of McCabe Road, La Porte, TX
Address
Legal Description:
16.21 Acre Tract out of w.P. Harris Survey, Abstract A-30
Harris County, TX
Zoning:
Planned Unit Development
Penn It Conditions:
1. The overall density of the project (Phases 1 and 2) shall not exceed 19.7 dwelling
units per acre.
2. The applicant shall enter into a Sewer Service Agreement and commit to paying
for 11ft station upgrades relating to the development project
3. This action in no way commits the City to any maintenance responsibilities for
the 75.7 acre C<>>nservation Easement
4. Access shall be provided by way of a private street or driveway.
Failure to begin construction within one (1) year after issuance or as scheduled under the
terms of a special conditional use pennit shall void the permit as approved, except upon an
extension of time granted after application to the Planning and Zoning Commission.
If construction is terminated after the completion of any stage and there is ample evidence that
further development is not contemplated the ordinance establishing such special conditional
use permit may be rescinded by the City Council. upon its own motion or upon the
recommendation of the Planning and Zoning Commission of the City of La Porte. and the
previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
70-)0-06
/(//[/((
EXHIBIT F
e
e
I Staff Report
I
September 21, 2000 ;
Park Forest Apartments
GeneraJ Plan
And
SpeciaJ Conditional Use Permit #SCU 00-001
Request:
Requested Bv:
Requested For:
Present Zoning:
Requested Use:
Bacqround:
Analvsis:
Approval of General Plan for 107 acre tract and Special Conditional Use
Permit for 16.2 acre tract.
NIT. Edward Dutko, General Partner, Forest Holdings Ltd., L.L.P.
A 107 acre tract out of the W. P. Harris Survey, A-30, La Porte, Banis
County, Texas (Exhibit A). This property is further described as being
located in the 1200 Block of McCabe Road. The project is identified as the
Park Forest Apartments.
Neighborhood Commercial (NC), Planned Cnit Development (PLU), and
Low Density Residential (R-1)
Multi-Family Residential
This property is located at the southwest corner of SH 146 and McCabe
Road. It is bounded on the east by Shady River Subdivision and on the south
by Shoreacres. Mr. Ed Dutko made a presentation of his proposed General
Plan to the Planning and Zoning Commission on August 19, 1999. This
General Plan, which was a modification from previous development
submittals, demonstrated that 75.7 of the 107 acres would need to be
preserved based on a permit he received from the US Army Corps of
Engineers. The permit states that a Conservation Easement will need to be
established that will preserve the 75.7 acres in perpetuity. In addition, the
permit states that noxious plant species such as Chinese tallow, cattail, and
willow will be controlled for a period of 5 years. The remaining- developable
acreage shows 28.5 acres as high-density residential and 1.35 acres as a
commercial corner (Exhibit B). The Commission was receptive to this plan
and suggested Mr. Dutko proceed with formal submittals for Phase I which
is approximately 16 acres in the existing PL'D zoning district.
Development in a PUD zoning district requires that a General Plan (for the
entire proposed project) and a Special Conditional Use Permit (SCUP) (for
the initial phase of development) be submitted and processed
simultaneously. Upon approval of the General Plan and SCUP the applicant
would be authorized to submit a Major Development Site Plan. This Site
Plan would be reviewed and acted upon by the Commission. Approval of
the Site Plan would allow the applicant to submit building plans for review
and then to begin construction of the project.
Section 106-659 of the Code of Ordinances establishes the following criteria
tor review of development projects within a POD zoning district:
e
e
Park Forest Apts. . Phase I
SCUOO-OO 1
September 21. 2000
Page 2 of 3
. Uses - Review of the City's adopted Land Use Plan indicates this 107
acre area was envisioned as developing as low density residential with a
small corner for commercial uses. Although the Forest Park Apartments
is not considered to be low density residentia~ if you take into
consideration the 75.7 acre Conservation Easement, the overall 107 acre
tract yields dwelling units per acre that is comparable to low density
residential. The proposed high-density residential use should not be
detrimental to the use and enjoyment of surrounding properties. With
the 75.7 acre Conservation Easement, this development will be well
buffered. During review of the site plan, staff and the Commission
should look for sufficient open space, adequate parking, and a good mix
of recreational amenities. With regard to the commercial area, the
proposed commercial corner is an ideal location for a convenience type
activity.
· Streets - Being located at the corner of SH 146 and McCabe Road
provides more than adequate accessibility into and out of this site.
Access into Phase 1 and Phase 2 of this development will be provided by
a private drive that is shown on the General Plan. At the south boundary
of this General Plan, the developer has shown a road right-of-way to
serve existing lots in the City of Shoreacres. Although the road will need
to be constructed at some time in the future, it should not fall under the
maintenance responsibility of La Porte.
· Topography - this area is relatively flat and stable and should not be an
obstacle to this type of development.
· Density - staff utilized the Land Use Plan as a guide. With the
designated land use as Low Density Residential and applying a
development ratio of 4.8 units per acre (Section 106-333) to 107 acres,
this property may have, at one time, yielded approximately 514 dwelling
units. This current plan designates only 26 acres to be developed as
residential. If we applied a density of 19.7 units per acre, this would
yield the same number of total dwelling units. This density is
considerably less than the 27 units per acre allowed in R-3 zoning
districts. Other examples of multi-family residential projects are the
Fairmont Oaks Apts. that has a density of approximately 16 units per
acre and the Plaza at San Jacinto Park on Luella Blvd. that has a density
of 24 units per acre.
· Utilities - there are sufficient water distribution facilities along .\-fcCabe
Road to supply potable water and fire protection to this proposed project.
Provisions will have to be made to ensure that sufficient utility
extensions can be made to serve Phase 2. Sanitary sewer service is not
readily available to this site. There is a sewer force main located along
the south line of this property that transports sewer to the Gulf Coast
Waste Disposal Authority plant. A tie-in can be made to this force main
but the City will need to make improvements to a nearby lift station in
order to accommodate the additional flow from this project. The City
has anticipated upgrading this lift station and funds are budgeted to
e
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Park Forest Apts. , Phase I
SeUOO-OO 1
September 21. 2000
Page 3 of 3
accomplish this. The applicant, through a Sewer Service Agreement,
should commit to paying for the lift station improvements needed to
provide sewer service to his project and be responsible for the on-site
improvements needed to serve this project. The City has prepared a plan
for providing sewer service to unserved areas of southeast La Porte. The
plan calls tor a regional lift station to be constructed in the vicinity of
y!cCabe Road and Taylor Bayou. This General Plan should show a 50'
x 50' lift station site adjacent to McCabe Road and Taylor Bayou. The
dedication of this site may be negotiated in the Sewer Service
Agreement.
· Drainage - this property lies within the Taylor Bayou watershed. There
are not sufficient channel improvements to directly receive stonn water
runoff from this project. The simplest solution would be for the
applicant to provide storm water detention within his project.
Recommendation: Based on items discussed under Analysis, staff recommends approval of the
General Plan covering 107 acres and the Special Conditional Use Pennit
covering 16.2 acres with the tollowing conditions:
1. The overall density of the project (Phases 1 and 2) shall not exceed
19.7 dwelling units per acre.
2. The applicant shall enter into Sewer Service Agreement and commit
to paying for lift station upgrades related to this development project.
3. This action in no way commits the City to any maintenance
responsibilities for the 75.7 acre Conservation Easement.
A recommendation from the Commission on this Special Conditional Use
Permit will be forwarded to City Council for tinal consideration. If approved
by Council, the applicant would be authorized to proceed with submittal of a
Major Development Site Plan for Phase One. The Phase Two development
as proposed, will require the applicant to request a zone change from the
current R-l to PUD and then submit an application for a Special Conditional
Use Permit. Approval of Phase I in no way demonstrates any level of
approval for the future Phase 2.
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A Meeting of the La Porte
RECEIVED
G1...lu_ tJ"t
pl~nnin~ and Zo~ Commission
(Type of Meeting)
PLANNING
Scheduled for
September 21, 2000
(Date of Meeting)
to Consider
Special Conditional Use Permit Request #SCUOO-001
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reasons:
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909 Fannin Street, Suite 3205
Address
.' / Name (please print)
.,...,-/.., '. /
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-- Signature
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Houston, Taxas 77010-1001
City, State, Zip
!
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reqnested: October 12000
Reqnested By: S. GiUett ZJj1 'tit I'
Department: Public Works
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Report:
Resolution:
Ordinance: -XL
Amount Budgeted:
N/A
Exhibits: Ordinance No.
Amount Requested:
N/A
Exhibits: Evaluation Summarv
Budgeted Item:
YES
NO
Exhibits: Contract - Commercial Solid Waste
SUMMARY & RECOMMENDATION
The contract for commercial solid waste collection expires October 31, 2000. The current contract, in
effect since November 1, 1990, is with BFI Waste Systems, Inc. Requests for Proposals (RFP's) were
sent to five (5) area contractors, with four (4)-retuming proposals. The Public Works and Finance
Departments performed an evaluation of the four proposals. Attached is a summary of the evaluation.
BFI Waste Systems submitted the top-rated proposal. In addition to being the current contractor, with minimum
changeover problems anticipated, the overall cost proposal was also the lowest. The firm's financial condition was
also rated as the highest.
The proposed contract is attached. There are several major changes, as follows. Effective with the new contract, the
City of La Porte will no longer bill customers, nor will the City be responsible for payment to the Contractor. The
Contractor will provide direct billing to customers which will eliminate the City's responsibility for non-payment of
bills. Additionally, the Contractor will pay 4% of gross revenues to the City, which is included in the cost proposal
attached to the Contract as Exhibit A. Estimated payment from the Contractor for the first year is approximately
$21,386.55. For those customers that utilize roll-off service, that service has been eliminated from the proposed
contract. Customers are free to use the service provider of their choice. Finally, the term of the Contract is five (5)
years, with an option for the City to renew for an additional three (3) years.
Some elements ofthe Contract are the same as the existing agreement. The Contractor will continue to provide
service for city facilities at no charge. This is a total annual savings of $24,338.52. The Contractor will be entitled
to an annual cost of living adjustment, based on the Consumer Price Index for all Urban Consumers (CPI-U) all
items, U.S. City Average. This increase cannot exceed 5% in anyone year. The Contractor will have the exclusive
right to collect containerized, commercial solid waste within the City, with the exception ofroll-offs, as mentioned
above.
Action Required bv Council: Approve Ordinance No. 2000- authorizing the City Manager to
execute a contract with BFI Waste Systems, Inc. for the exclusive right to provide containerized,
commercial solid waste collection and disposal.
Approved for City Council Al!enda
~~ T ~~'-
Robert T. Herrera, City Manager
\O-';?).oo
Date
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ORDINANCE NO. 2000- 1'J13'l
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND BFI WASTE SYSTEMS OF NORTH AMERICA, INC., FOR
COLLECTION AND DISPOSAL OF COMMERCIAL SOLID WASTE; 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 descr ibed in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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ORDINANCE NO. 2000- 'J4Y1
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PAGE 2
PASSED AND APPROVED, this 9th day of October, 2000.
ATTEST:
Lj'J atd~ ~-f/ d/j
Marth~ A. Gillett
City Secretary
Knox
City
CIT OF LA PORTE
By:
COMMERCIAL SOLID WASTE CONTRACT
REQUEST FOR PROPOSAL
EVALUATION OF SUBMITTALS
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TOTAL!
RANK
6
17
11
14
BASIS OF AWARD
PROPOSER FINANCIAL YEARS IN IMPLEMENTATION COST/ COMPARABLE EQUIPMENT
CONDITION BUSINESS PLAN RANK CONTRACTS INVENTORY
BFI WASTE SYSTEMS $ 534,663.72
1 1 1 1 1 1
IESI TX CORPORATION None submitted $ 589,560.00
3 4 4 4 1 1
REPUBLIC WASTE None submitted $556,893.12
2 1 4 2 1 1
WASTE MANAGEMENT None submitted $ 570,732.00
4 1 4 3 1 1
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NUMERICAL RANKING 1-4 WITH 1 AS BEST
LOWEST TOTAL IS TOP RANKED PROPOSER
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MernoranduIn
To: Steve Gillett, Director of Public Works
cc: Cynthia Alexander, Director of Finance
From: Michael G. Dolby, Assistant Finance Direct~
Date: 08/29/00
Re: Waste Management Contract Proposal
Waste Management:
Working capital was negative (1.2 billion). Net assets value was 4.4 billion. The company is
involved in lawsuits for improper accounting practices, improper disclosure of facts relating to
earnings projections, and previous filed fmancial statements. The outcome of these lawsuits can not
be determined at this time. The company announced an agreement to pay a 220 million-dollar
settlement for class of open market securities
Republic:
Working capital was negative (53,000,000). Net assets value was 1.5 billion. The company is
involved in several lawsuits that they feel are without merit and will be vigorously defended.
Revenue was 1.8 billion.
BFI:
Working capital was negative (381 million). Net assets value was 637 million. The company is
involved in several lawsuits that they feel will not materially affect their financial statements. BFI
was acquired by Allied during their last fiscal year. Consequently, its cash flow and working capital
amounts are low. However, its financial stability appears to be strong based on generating 3.3
billion dollars in revenue.
IESI
Working capital was 11.1 million. Net assets value was 67 million. Revenue was 110 million. The
company is involved in several lawsuits that they feel will not materially affect their financial
statements.
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August 29, 2000
Conclusion:
BFI receives the highest ranking due to strong revenue earnings and no material legal proceedings (as
reported in audited financials). Republic waste is second, IES! is third, and Waste management is
fourth.
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NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS
GENERAL ARBITRATION ACT, CHAPTER 171 "GENERAL ARBITRATION",
TEXAS CIVIL PRACTICE AND REMEDIES CODE"
THE STATE OF TEXAS
COUNTY OF HARRIS
CONTRACT
COLLECTION AND DISPOSAL OF COMMERCIAL SOLID WASTE
CITY OF LA PORTE
THIS AGREEMENT, made and entered into by and between the City of La Porte, a
Municipal Corporation of Harris County, Texas, hereinafter called the "City", and BFI Waste
Systems of North America, Inc., hereinafter called the "Contractor".
WITNESSETH that for and in consideration of the payments and agreements hereinafter
mentioned to be made and performed by the City, the Contractor hereby agrees with the
City to commence and complete the work described as follows:
The Contractor shall furnish all personnel, labor, equipment, administration and billing, and
all other necessary items to provide for the collection and disposal of commercial and
industrial solid waste within the corporate limits of the City of La Porte, as specified, and to
perform all the work called for in accordance with the Contract Documents, including the
Request for Bids, Instructions to Bidders, Bid, Affidavit, Bid Bond, Contract, General
Specifications including Exhibit A, B, C and 0, Performance Bond, and any changes to the
foregoing documents agreed to by the City and the Contractor, all of which are made a part
hereof as fully as if set out herein and hereby become a part of these documents.
It is agreed and understood between the parties that the Contractor agrees to accept the
work at the prices and amounts stipulated in the Rate Schedule.
This Contract shall become effective upon the execution of the Contract, and performance
of such contract shall begin November 1, 2000.
In the event of conflict with any terms, provisions or obligations of any of the Contract
Documents, the General Specifications shall apply.
In the event that any portion of the Contract Documents are found invalid or unenforceable,
the invalid or unenforceable portion shall not affect the validity or enforceability of any other
portion of the Contract Documents.
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IN WITNESS WHEREOF, the parties to these presents have executed this contract in
multiple counterparts, each of which shall be deemed an original, this the 4#- day of _
tl.,17)8er , 2000.
THE CITY OF LA PORTE
By:Q(~'>-L\..:t ''f N-B'VLt.'-<:../
Robert T. Herrera, City Manager
(SEAL)
ATTEST:vfI1(l(;t/J~u;t;,.
Marth Gillett, y Secr tary
APPROVED AS TO FORM:
~z:J~
CITY ATTORNEY
SFI W~""" ms of NA, Inc.
M ::?
BY:,'. Z~~
(SEAL)
t)
I, I
ATTEST: lDrlu...( .' " i, .{)--r" ~. ~l~_,'
J
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GENERAL SPECIFICATIONS
COLLECTION AND DISPOSAL OF
COMMERCIAL SOLID WASTE
1.00 BINS - Metal receptacles designed to be lifted and emptied mechanically for
use at Commercial and Industrial Units. For the purposes of this contract,
Bins are containers of 2,3, 4, 6, 8 and 10 cubic yards designed for collection
with a front-loading collection vehicle.
1.02 BULKY WASTE - Appliances, water tanks, furniture and other waste
materials, other than Construction Debris, Dead Animals, Hazardous Waste
or Stable Matter with weights or volumes greater than those allowed for Bins.
1.03 CITY - City of La Porte, Texas.
1.04 COMMERCIAL AND INDUSTRIAL REFUSE - All Bulky Waste, Construction
Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a
Commercial and Industrial Unit.
1.05 COMMERCIAL AND INDUSTRIAL UNIT - All premises, locations or entities,
public or private, requiring refuse collection within the corporate limits of the
City, other than a single-family Residential Unit. For the purposes of these
specifications, apartments, condominiums and townhomes, and trailer parks
are considered Commercial Units.
1.06 CONSTRUCTION DEBRIS - Waste building materials resulting from
construction, remodeling, repair or demolition operations.
1.07 CONTRACT DOCUMENTS - The Request for Bids, Instructions to Bidders,
Affidavit, Bid, Bid Bond, Contract, General Specifications, including Exhibit A
and B, Performance Bond and any addenda or changes to the foregoing
documents agreed to by the City and the Contractor.
1.08 CONTRACTOR - BFI Waste Systems of NA, Inc., or its duly authorized
successor, performing Commercial and Industrial Refuse Collection and
Disposal with the City under the terms of the Contract Documents.
1.09 DEAD ANIMALS - Animals or portions thereof equal to or greater than 10
Ibs. in weight that have expired from any cause, except those slaughtered or
killed for human use.
1.10 DISPOSAL SITE - A Refuse depository, including, but not limited to, sanitary
landfills, transfer stations, incinerators and waste processing/separation
centers licensed, permitted or approved by all governmental bodies and
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agencies having jurisdiction and requlrrng such licenses, permits or
approvals to receive, for processing or final disposal of, Garbage, Refuse
and Dead Animals.
1.11 GARBAGE - Any and all dead animals of less than 10 Ibs. in weight, except
those slaughtered for human consumption; every accumulation of waste
(animal, vegetable and/or other matter) that results from the preparation,
processing, consumption, dealing in, handling, packing, canning, storage,
transportation, decay or decomposition of meats, fish, fowl, birds, fruits,
grains or other animal or vegetable matter, (including but not by way of
limitation, used tin cans and other food containers; and all putrescible or
easily decomposed waste animal or vegetable matter which is likely to attract
flies or rodents); except (in all cases) any matter included in the definition of
Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste,
Rubbish or Stable Matter.
1.12 HARD TO HANDLE WASTE - Any and all material that, because of its
difficulty in collection, transport, or disposal causes the Contractor to incur an
additional cost, including, but not limited to concrete.
1.13 HAZARDOUS WASTE - Waste, in any amount, which is defined,
characterized or designated as hazardous by the United States
Environmental Protection Agency or appropriate State agency by or pursuant
to Federal or State law, or waste, in any amount, which is regulated under
Federal or State law. For the purposes of this Contract, the term Hazardous
Waste shall include motor oil, gasoline or other petroleum product, paint and
paint containers.
1.14 PRODUCER - An occupant of a Commercial and Industrial Unit who
generates Refuse.
1.15 REFUSE - This term shall refer to Commercial and Industrial Refuse to be
collected and disposed of pursuant to this Contract unless the context
requires otherwise.
1.16 RUBBISH - All waste wood, wood products, tree trimmings, grass cuttings,
dead plants, weeds, leaves, dead trees or branches, chips, shavings,
sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded
mattresses, used and discarded clothing, used and discarded shoes and
boots, combustible waste pulp and other products such as are used for
packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings,
glass, mineral or metallic substances, and any and all other waste material
not included in the definition of Bulky Waste, Construction Debris, Dead
Animals, Garbage. Hazardous Waste or Stable Matter.
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1.17 STABLE MA TIER - All manure and other waste matter normally
accumulated in or about a stable, or any animal, livestock or poultry
enclosure, and resulting from the keeping of animals, poultry or livestock.
2.00 SCOPE OF WORK - The work under this Contract shall consist of the items
contained in the Contract Documents, including all the supervision, materials,
equipment, labor, services and all other items necessary to complete said
work in accordance with the Contract Documents.
3.00 TYPE OF COLLECTION
3.01 SERVICE PROVIDED - Contractor shall provide Bin collection service for the
temporary and permanent collection of Commercial and Industrial Refuse to
Commercial and Industrial Units according to individual agreement. The
Contractor shall also provide special collection and disposal of bulky waste,
construction debris, and rubbish from residential, vacant and commercial
properties, using methods other than providing bins, if requested, at rates
established under Section 13.01.
Contractor shall provide all administrative services to bill commercial
customers, answer inquiries and complaints, and other duties related to
servicing the account.
The Contractor may, from time to time, provide for special collection of Dead
Animals and Hazardous Waste at Commercial and Industrial Units at its sole
discretion and upon such terms and conditions as may be mutually
agreeable between the Contractor and the Producer.
3.02 LOCATION OF BINS FOR COLLECTION - Contractor shall provide Bins for
Commercial and Industrial units whenever customers request their use.
Each Bin shall display the Contractor's name and local telephone number in
a clear and legible manner. All Bins shall be covered, and maintained in a
good and nuisance-free condition.
Each Bin shall be placed in an accessible, outside location on a hard surface.
Contractor shall make all efforts to place the Bin at the customer's requested
location, as long as the location is entirely within the customer's property. In
no event will a Bin ever be placed on any City, County or State right-of-way.
3.03 CITY FACILITIES - The Contractor agrees to provide Bins, and collect and
dispose of Refuse from City-owned facilities identified on Exhibit B of the
Contract Documents, at no charge to the City. The City reserves the right to
make minor modifications to the number, placement and frequency of
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collection from time to time, depending on the addition of facilities and
seasonal requirements.
3.04 INITIAL START OF CONTRACT - It shall be the duty and responsibility of
the Contractor to contact each and every Commercial and Industrial Unit to
determine the collection and disposal needs of each Unit. If commercial
service is currently provided, or if commercial service is required or desirable,
the Contractor shall provide the size Bin and collection frequency necessary.
3.05 CUSTOMER BASE - It is understood that the Contractor has the exclusive
right, as the City's Independent Contractor, to collect all Refuse from
Commercial and Industrial Units within the corporate limits of the City. All
existing customers of the City, are customers of the City, effective with this
Contract, and will be serviced by the Contractor, acting as the City's
Independent Contractor under the terms and conditions of this Contract.
4.00 COLLECTION OPERATION
4.01 HOURS OF OPERATION - Collection of Commercial and Industrial Refuse
shall be permitted before 6:00 A.M., provided that collection routes do not
disturb single family or multi-family residential units.
4.02 ROUTES - Commercial and Industrial Unit collection routes shall be
established by the Contractor. The Contractor shall have the right to pursue
with each Producer a collection frequency and Bin size that maximizes the
Contractor's resources, while ensuring sanitary and odorous conditions are
not compromised. If agreement cannot be reached, the City shall have the
right to determine Bin size and collection frequency.
4.03 HOLIDAYS - Commercial and Industrial Unit collection shall not be required
on the following recognized holidays:
New Year's Day Labor Day Memorial Day Thanksgiving Day
Independence Day Christmas Day
When normal collection falls on a holiday, the Contractor will provide
collection on the day before or after the holiday, at the Contractor's
discretion.
4.04 SERVICE REQUESTS AND INQUIRIES - The Contractor will maintain a
business office within a 25 mile radius of the city to receive requests for
service and complaints. It shall be equipped with sufficient telephones and
shall have a responsible person in charge from 8:00 A.M. to 5:00 P.M. on
weekdays, excluding Holidays. Provisions shall also be made for emergency
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calls after 5:00 P.M. on weekdays and Saturdays before 3:00 P.M. All
requests for service, and any complaints from Commercial and Industrial
Units shall be directed to the Contractor. All such requests and complaints
shall be given prompt and courteous attention. The Contractor will
accommodate all requests for extra service as the Contractor's schedule
permits. In the case of alleged missed scheduled collections, the Contractor
shall investigate and, if determined valid, shall arrange for the collection of
the Refuse within 24 hours after the complaint is received.
4.05 NEW AND DISCONTINUED SERVICES - All request for new and
discontinued service shall be directed to the Contractor, between the hours
of 8:00 A.M. and 5:00 P.M., Monday through Friday, excluding Holidays.
The Contractor will comply with the request within 48 hours of receipt of the
request.
In the case of new service requests, from time to time the Contractor may be
required to consult with the potential Producer to determine Bin size and
collection frequency.
4.06 INACCESSIBLE BINS - If, during the collection cycle, the Contractor in good
faith determines that collection of a particular Commercial and Industrial Unit
is not possible due to the inaccessibility of the Bin, through no fault of the
Contractor, the Contractor will make a good faith effort to contact the Unit to
provide accessibility. The Contractor can, but is not required to, return the
same day to provide collection. If the Contractor cannot gain accessibility on
the regular scheduled collection day, the Contractor shall provide service on
the next scheduled collection day, and the Unit shall be charged an amount
as provided by the Contract equal to the amount due by Producer had the
collection been made.
4.07 COLLECTION EQUIPMENT - The Contractor shall provide an adequate
number of vehicles for regular collection services, including sufficient back-up
vehicles. Vehicles shall be covered or totally enclosed, meet all statutory
requirements for safety and other regulations, and shall be kept in good
repair, appearance, and in a sanitary condition at all times. Each vehicle
shall have clearly visible, on each side of the vehicle, the name and
telephone number of the Contractor.
4.08 COLLECTION AND TRANSPORT - All Refuse collected and transported by
the Contractor shall be so contained that no spilling, leaking, blowing or
falling occurs. If Refuse is spilled, leaked, blown or falls during collection or
transport, Contractor shall clean all such Refuse immediately.
4.09 DISPOSAL - All Refuse collected for disposal by the Contractor shall be
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transported to a Disposal Site. The charge for disposal shall be included in
the rate set forth in the Contract for each Commercial and Industrial Unit.
4.10 CONTRACTOR'S EMPLOYEES - The Contractor shall assign a qualified
person or persons to direct administration and collection and disposal
operations and shall furnish the name or names of such person(s) to the
City. Such person(s) shall have full authority to respond immediately to and
resolve complaints or problems.
Contractor's employees shall be uniformed, with company and name
identification provided on said uniforms. All drivers will possess the
appropriate license as issued by the Texas Department of Public Safety.
5.00 GOVERNING LAWS - This Contract shall be governed by the laws of the
State of Texas and the Ordinances of the City of La Porte. Should any
disagreement occur concerning the Contract, the parties agree that the
venue for settling such disputes, including claims and suits, shall be Harris
County, Texas, provided however, nothing in this paragraph shall prevent the
parties from resolution of any dispute under Paragraph 17.00 of the Contract.
6.00 EFFECTIVE DATE AND TERM - This contract shall become effective, and
performance shall begin on November 1, 2000. The Contract shall be for a
five-(5) year period beginning on November 1, 2000 and remain in full force
until October 31, 2005. The initial term of the Contract may be extended for
an additional three (3) years, upon the Mutual agreement of the Contractor
and the City. Request for extension by the Contractor shall be submitted in
writing, on or before June 1, 2005. The request for extension shall contain
the proposed pricing, including proposed formula for price increases, and
any additional terms or conditions not contained in the original Contract
Documents. If the City disapproves the proposed extension on or before
August 1, 2005, the Contractor shall be entitled to terminate service effective
November 1, 2005, provided written notice is served to the City on or before
August 15, 2005. If the City does not act on the proposed extension on or
before August 1, 2005, or written notice is not served to the City by August
15, 2005, the Contractor agrees to extend the Contract with the City for one
(1) additional year, from November 1, 2005 to August 31, 2005, according to
Paragraph 13.02 of the Contract Documents.
7.00 INDEMNITY - The Contractor will indemnify and save harmless the City, its
officers, agents, servants and employees from and against any and all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses and
attorney's fees incident to any work done in the performance of this Contract,
including damages, penalties or claims arising from the disposal of any
waste by the Contractor or arising out of a willful or negligent act or omission
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of the Contractor, its officers, agents, servants and employees. However,
the Contractor shall not be liable for any suits, actions, legal proceedings,
claims, demands, damages, costs, expenses and attorney's fees arising out
of a willful or negligent act or omission of the City, its officers, agents,
servants and employees.
8.00 NONDISCRIMINATION - The Contractor in its employment, operations and
service shall not discriminate against any person because of race, sex, age,
creed, color, religion, national origin, or in any other manner prohibited by
law.
9.00 NOTICE - All written notices shall be served by registered or certified mail to
the parties, return receipt requested, as follows:
CITY
City of La Porte
City Manager
P. O. Sox 1115
La Porte, Texas 77572-1115
CONTRACTOR
SFI Waste Systems of NA, Inc.
5301 Srookglen Dr.
Houston, Texas 77017
10.00 INSURANCE - The Contractor shall, at all times during the term of this
Contract, maintain in full force and effect Employer's Liability, Worker's
Compensation, Public Liability and Property Damage insurance, including
Contractual Liability coverage for the provisions of Section 7.00. All
insurance shall be by insurers licensed to do business in the State of Texas,
and for the policy limits as specified by the City, before the commencement
of work. The Contractor agrees to furnish the City certificates of insurance or
other evidence satisfactory to the City to the effect that such insurance has
been procured and is in force. The certificates shall contain the following
express obligations:
"This is to certify that the policies of insurance described herein have
been issued to the insured for whom this certificate is executed and
are in full force at this time. In the event of cancellation or material
change in a policy affecting the certificate holder, thirty (30) days prior
written notice will be given the certificate holder."
The Contractor may elect, with the express prior written consent of
the City, to insure the required coverages under plan(s) of self-
insurance. The coverages may be provided by the Contractor's
parent corporation, subject to all applicable provisions of Texas law
and the licensing requirements of the appropriate State of Texas
agency.
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10.01.1
INSURANCE POLICY LIMITS - For the purposes of the Contract, the
Contractor shall carry the following types of insurance in at least the limits
specified below:
COVERAGES
LIMITS OF LIABILITY
Worker's Compensation
Statutory
Employer's Liability
$500,000 per occurrence
Public Liability, Bodily
$500,000 each occurrence
Injury, Including Death,
Except Automobile
$1,000,000 aggregate
Property Damage Liability
Except Automobile
$500,000 each occurrence
$1,000,000 aggregate
Automobile Bodily Injury
Liability, (owned and non-
owned), Including Death
$500,000 each person
$1,000,000 ea. occurrence
Automobile Property
Damage Liability (owned and non-owned)
$500,000 each occurrence
Excess Umbrella Liability
$5,000,000 ea. occurrence
11.00 PERFORMANCE BOND - Upon award of the Contract, the Contractor shall
furnish to the City a corporate surety bond, issued by a corporate surety
licensed to do business in the State of Texas, as security for the faithful
performance of this Contract. Said surety bond must be in the amount of
$534,663.72, which represents the estimated billing for the first year of the
Contract. The bond shall indemnify the City against any loss resulting from
any failure of performance by the Contractor up to and including the penal
sum of the bond.
11.01 PREMIUM - The premium for the bond(s) described above shall be paid by
the Contractor. A certificate from the surety showing that the bond premiums
are paid in full shall accompany the bond.
11.02 POWER OF A TIORNEY - Attorneys in fact who sign performance bonds or
contract bonds must file with each bond a certified and effectively dated copy
of their power of attorney.
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12.00 FAILURE TO PERFORM
12.01 NOTICE - All terms and conditions of the Contract are considered to be
material and a failure to perform or a breach of any condition, term or
provision of any part of the Contract shall be considered to be a default
constituting grounds for termination or other default relief. Should the
Contractor fail to perform any of its contractual obligations, the City shall
provide written notice within ten (10) days of the failure by the Contractor.
The notice shall set forth the causes and reasons for the proposed
termination and cancellation. The City's failure to give notice shall not be
deemed a waiver of subsequent defaults or failure to perform.
12.02 REMEDY - Should the Contractor fail to correct such breach within thirty (30)
days of the notice, the City may, at its option, terminate this agreement and
negotiate with other contractors for the performance of the service. Such
action shall not release the Contractor of liability to the City for such breach
of agreement. In the event of termination under this provision, the City may
utilize the performance bond(s) to fund cost of service for collection and
disposal, and may avail itself of any other remedy allowed by law for
damages resulting from Contractor's failure to perform.
12.03 FORCE MAJEURE - In the event that the Contractor is delayed or prevented
from continuing in the performance of this Contract by reason of an Act of
God, catastrophe, riot, war, governmental order or regulation, strike or other
similar or different contingency beyond the reasonable control of the
Contractor, the Contractor shall not be liable for damages arising solely out
of such contingency.
13.00 BASIS AND METHOD OF PAYMENT
13.01 COLLECTION AND DISPOSAL RATES - For collection and disposal
services required to be performed by the Contract, the charges for said
services shall be as outlined under Exhibit A and said charges shall not
exceed the rates as fixed by the Contract Documents, as adjusted in
accordance with Paragraph 13.02. The Refuse collection charges provided
in this section shall include all collection, disposal, billing, State fees, 4% fee
payable to the City, and related costs. Bins will be deemed full for purposes
of determining cubic yards collected, with the capacity as determined by the
manufacturer.
13.02 MODIFICATION OF RATES - The Contractor and the City hereby agree that
the fees for such refuse collection and disposal service as provided in Exhibit
A shall be binding upon both parties for the first year of the Contract, that is
from November 1, 2000 through October 31, 2001. In the event that the
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Contractor determines that an increase in such collection and disposal fees
is required due to an increase of specific costs incurred by the Contractor in
providing such services, then the Contractor shall submit, in writing, to the
City on or before July 15, 2001, and subsequent years, its proposal for
increased fees and all supporting data related thereto, and such proposed
increases shall be approved in accordance with Paragraph 13.03 and 13.04,
with a maximum annual rate increase as defined in Paragraph 13.05.
13.03 ANNUAL COST OF LIVING ADJUSTMENT - Beginning November 1, 2001,
and in subsequent years thereafter, there shall be a cost of living adjustment
of the base rates. The base rate for commercial container service shall
include collection, transport and disposal costs. The base rate for special
collections shall include collection and transport costs. The annual cost of
living adjustment shall be calculated by multiplying the base rate by a
fraction, the denominator of which shall be the April 2000 Consumer Price
Index for all Urban Consumers (CPI-U), all items, U.S. City Average, and the
numerator of which shall be the CPI-U for all items, U.S. City Average for
April 2001, and subsequent dates of adjustment.
13.04 DISPOSAL COSTS - The rate for special collection shall be increased
annually to reflect increases in landfill disposal costs, but shall not exceed the
current Type IV rate paid by the City for disposal of Type IV trash.
13.05 MAXIMUM ANNUAL RATE INCREASE - Regardless of the actual cost
increase incurred by the Contractor in a given period, as defined in 13.03
and 13.04, the City shall never incur an increase greater than five percent
(5%) of the prevailing base rate in any Contract year. Provided, however,
any fees, in addition to current State fees, imposed on all Disposal Sites
within a 25 mile radius of the City, by any local, state, federal or other
regulatory agencies shall be passed to the City as they become effective.
Such rate increase shall be in addition to and separate from any annual rate
increase provided for in Paragraphs 13.03, 13.04 and 13.05.
13.06 APPROVAL OF RATE INCREASES - After receipt of the Contractor's
proposal to increase rates as outlined in Paragraph 13.02, the City shall
approve or disapprove of the proposed rate increase on or before August 1,
2001, and in subsequent years, provided that the City shall approve any rate
increase that has been properly established under Section 13 of the
Contract. Should the City fail to approve or disapprove of the proposed rate
increase by such date, then the proposed increase shall take effect on
November 1 of that Contract year. Should the Contractor and the City fail to
agree on the proposed rate increase, resolution shall be subject to
Paragraph 17.00.
12
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13.07 DELINQUENT ACCOUNTS - The Contractor shall have the right to
discontinue Refuse collection service to any Commercial and Industrial Unit,
delinquent in its payments after thirty (30) days.
13.08 CONTRACTOR PAYMENTS TO THE CITY - The Contractor shall pay the
City, in consideration of the use of City streets and rights-of way for the
performance of this Contract, four percent (4%) of the gross revenues of the
Contractor for services provided in the City of La Porte, within ten (10) days
following the end of each quarter. The City shall be entitled to payment for
services rendered to Units regardless of the status of the Unit's account with
the Contractor, subject to the provisions outlined in Paragraph 13.07. Any
subsequent bad debt expense that arises from non-payment for services
shall not be deducted from the four percent (4%) share of gross revenues.
The Contractor's quarterly payment to the City shall include an itemized
listing of each Commercial and Industrial Units' billing name, service
address, account number, size and frequency of service and any extra
service provided during the billing period. The City reserves the right to
audit, utilizing its staff or outside assistance, the annual financial activity of
the Contractor under this Contract.
14.00 TRANSFERABILITY OF CONTRACT - Other than by operation of law, no
assignment of the Contract or any other right accruing under this Contract
shall be made, in whole or in part, without the express written consent of the
City. The City shall have the right to investigate the proposed assignee, as
outlined under the original proposal, and reserves the right to reject any
proposed assignee that does not meet the requirements of the original
proposal. The City agrees to not unreasonably withhold consent of
assignment. Upon assignment, the assignee agrees to assume all terms
and conditions of the Contract.
15.00 EXCLUSIVE CONTRACT - The Contractor shall have the sole and exclusive
franchise, license, privilege and right to provide collection and disposal of
Refuse from Commercial and Industrial Units, and special collections, within
the corporate limits of the City. The Contractor shall have the right to solicit
for collection and disposal of Dead Animals and Hazardous Waste, as well
as temporary and permanent roll-off service, but such right shall not be
exclusive.
16.00 OWNERSHIP - Title to all Refuse and Dead Animals shall pass to the
Contractor when placed in the Contractor's collection vehicle, removed by
the Contractor from a Bin, or removed from the customer's premises.
17.00 ARBITRATION - Should a dispute arise regarding the interpretation of any
provision of the Contract, except Paragraph 7.00, or any proposed rate
13
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increase under Paragraph 13.06, or monthly invoices under Paragraph 13.09
that cannot be resolved, within a reasonable amount of time, between the
City and the Contractor, the parties may request the determination of such
dispute by a mutually acceptable arbitrator. Should the parties be unable to
agree upon a mutually acceptable arbitrator, each party shall nominate one
arbitrator and the arbitrators so nominated by the parties shall select a third
arbitrator who will act with them as a three-member arbitration panel to
decide the disagreement between the parties by the concurrence of a
majority of the panel. Cost for such arbitration shall be borne equally by
Contractor and City, provided that each party shall bears its own attorney
fees. The decision rendered by the arbitrator(s) will be final, subject only to
judicial review as may be available under the Texas General Arbitration Act.
Provided, however, that nothing in this paragraph shall prevent the parties
from resolving disputes prior to formal arbitration.
18.00 RELATIONSHIP BETWEEN THE PARTIES - The relationship between the
parties is that of the City, as Owner, and Independent Contractor.
14
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PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS, That
(hereinafter called "Principal"), as Principal, and , a corporation
organized and existing under the laws of the State of Texas and authorized to act as surety
on bonds for principals (hereinafter called "Surety"), as Surety, are held and firmly bound
unto the City of La Porte, County of Harris, State of Texas (hereinafter called the "City"), as
City, in the penal sum of Dollars ($ .00) for the
payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns jointly and severally, firmly by these
presents:
WHEREAS, the Principal has entered into a certain written contract with the City,
dated the _ day of _,200_, for Commercial and Industrial Solid Waste Collection and
Disposal, which Contract is hereby referred to and made a part thereof as if fully and to the
same extent copied at length herein, consisting of the Request for Proposal, Instructions to
Proposers, Proposal, Affidavit, Proposal Bond, Contract, General Specifications including
Exhibits A, B, C and D, and any changes to the foregoing documents agreed to by the City
and the Principal.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform the conditions of the Contract, free and clear of all
liens arising out of claims for labor, materials and other services necessary for the
performance of the Contract, and indemnify and save harmless the City from all losses,
cost or damage that the City may suffer by reason of the failure of the Principal's failure to
do so, then this obligation shall be void; otherwise this obligation shall remain in full force
and effect.
Surety, for value received from the Principal, stipulates and agrees that no change,
extension of contract term, alteration or addition to the terms of the Contract, or other work
performed thereunder shall in anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of term, alteration or addition to the terms of
the Contract, or the work to be performed thereunder.
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IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this _ day of , 2000.
Principal
Surety
By
By
Title
Title
Address
Address
(Seal)
(Seal)
The name and address of the Resident of Surety is:
16
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EXHIBIT A
CITY OF LA PORTE
PROPOSED RATES FOR FRONT END SERVICE
(INCLUDES 4% OF GROSS REVENUE PAYABLE TO CITY)
:~~~~TA1.~,E.:
" /~'''; S' IZ' "";~Er;',
.>_..;."..,n~";, ' ,,, ,','l'
;: ~~1i::;;'Ei~:J
..~:f' .~"f.~..<
tr~:5'~/
~_;s:'E.:ST::Ql?l':P\'.:' :~;:'t.:J,N1J:,~RICE;<\' . '... /.EXTENSIQN:. '
'~~,t'! -~,-; ,,~._ :-:"''' , ~~,,'':'':t '.~" .';:. ,- 'Yh'~' :~:f ':hl": ..ti'L',' '.', ' ',,>.~'; . ., < -, :,' ': ' ' ,,;' ,'Z,.~, ,: ~: '
;00NltAINER5,!.::,iPER,iCON;J:AINER; -~. ; " "UNIT :PRICE.
,r~~~it;~t~ ~i~t,~t(t~~f,'~~ i~~:~~~R~:
1
2
3
4
5
6
EXTRA P/U
1
2
3
4
5
6
EXTRA P/U
1
2
3
4
5
6
EXTRA P/U
1
2
3
4
5
6
EXTRA P/U
$ 18.49
$ 35.59
$ 50.61
$ 65.62
$ 81.99
$ 98.37
$ 18.00
97 $ 27.67
21 $ 53.34
9 $ 75.85
0 $ 98.37
1 $ 122.94
0 $ 147.51
$ 22.00
61 $ 36.86
21 $ 71.00
7 $ 101.10
2 $ 131.13
1 $ 163.89
0 $ 196.65
$ 25.00
53 $ 55.25
43 $ 106.56
38 $ 151.60
1 $ 196.65
7 $ 245.78
2 $ 294.92
$ 30.00
$
$
$
$
$
.$
961 .48
106.77
81.99
,,:~ ;. " :', '.. ;. '.
, ) ~'. ~: ,,;. .:.
2,683.99
1,120.14
682.65
122.94
2,248.46
1,491.00
707.70
262.26
163.89
$
$
$
$
$
$
4,928.25
4,582.08
5,760.80
196.65
1,720.46
589.84
<>'j ,.... t ~ . . "'-
',,' ~ ., \....
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EXHIBIT A
(CONTINUED)
CITY OF LA PORTE
PROPOSED RATES FOR FRONT END SERVICE
(INCLUDES 4% OF GROSS REVENUE PAYABLE TO CITY)
1 48 73.62 $ 3,533.76
2 26 142.00 $ 3,692.00
3 31 202.10 $ 6,265.10
4 6 262.16 $ 1,572.96
7 327.68 $ 2,293.76
2 393.19 $ 786.38
35.00
$ 44,555.31
SPECIAL COLLECTION
Special collection of construction debris, bulky items, and accumulated trash on an
"as needed" basis to be determined by the City of La Porte.
RATES - PRICE PER YARD:
Labor, transportation, and Equipment (Base Rate):
$10.75/cuyd
Disposal Fees:
$ 5.90 Icu yd
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EXHIBIT B
CONTAINERS PROVIDED AT NO CHARGE TO
CITY OF LA PORTE
LOCATION QUANTITY SIZE FREQUENCY
Public Works Service Center 5 4 3
Fire Station # 1 1 4 2
Fire Station # 2 1 3 1
Fire Station # 3 1 3 1
Fire Station # 4 1 3 1
Animal Shelter 1 3 3
Police Station 2 3 3
Northside Civic Center 1 4 1
Fairmont Park Civic Center 1 4 3
Fireman's Hall 1 3 1
Evelyn Kennedy Civic Center 1 4 1
Library 1 4 1
Lomax Park 2 4 3
City Hall 1 4 2
Treatment Plant 4 3 2
E. M. S. Station 1 3 1
San Jacinto Pool 1 3 3
Little Cedar Bayou Park 2 3 3
Northwest Park 2 3 2
Seabreeze Park 1 3 2
SPECIAL EVENTS
Sylvan Beach Day 4 4
Main Street Fair 3 4
Livestock Show & Rodeo 1 4
CNA SurelY
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PERFORMANCE BOND
Bond No. 929170216
KNOW ALL MEN BY THESE PRESENTS: That we, SFI Houston Services Group
5301 Srookglen Drive
Houston
TX
77571
as Principal, and the American Casualty Company of Reading, Pennsylvania , a
PA corporation, as Surety, subject to the Conditions, Limitations and Exclusions of this Performance
Bond, are fIrmly bound unto City of LaPorte
604 W. Fairmont LaPorte TX 77571 , hereinafter referred to as the Obligee,
for such monetary amount as incurred by the Obligee, not to exceed the penal sum of
Five Hundred Fifty Thousand Dollars ($550,000.00 ),
as may be required to remedy any contri\'Ow6W"~~1t by the Principal in the performance of that certain written contract
between Principal and Obligee dated for Commercial Front End Dumpster Service
hereinafter referred to as the Contract; for the payment hereof, we bind ourselves, our heirs, executors, administrators
and successors, jointly and severally.
CONDITIONS
The obligation of this Performance Bond shall be null and void unless: (1) the above Contract is in writing,and has been
fully executed by both the Principal and the Obligee; (2) the Principal is actually in default under the above Contract,
and is declared by the Obligee thereafter to be in default; (3) the Obligee has performed all of the obligations of the
Obligee under the above Contract; and (4) the Obligee has provided written notice of the default to the Surety as
promptly as possible, and in any event, within ten (10) days after such default.
LIMITATIONS AND EXCLUSIONS
The Surety, as the sole election and discretion of the Surety, may take any of the following actions:
(1) With notice to the Obligee, provide fmancial assistance to the Principal to
remedy any contractual default by the Principal; or,
(2) Undertake the completion of the above Contract by the Surety, through
its agents or through independent contractors; or,
(3) Determine the amount for which the Surety may be liable to the Obligee,
and as soon as a practicable thereafter, tender payment thereof to the
Obligee; or,
(4) Pay the full amount of the above penal sum in complete discharge and
exoneration of this Performance Bond, and of all liabilities of the Surety
relating thereto.
If the Surety so elects to act, all payments and expenditures by the Surety shall be applied against the above penal sum
and in reduction of the limit of liability of the Surety.
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Performance Bond
- 2-
The obligation of this Performance Bond Shall not include liability for loss, cost, damage, fmes, penalties or expense
(including attorney's fees) from personal injury (including death), or from property damage (including environmental
impairment or cleanup), or from any criminal or tortious act arising out of the performance, default or completion of the
above Contract, nor shall the Surety obligated to provide or maintain any policy or undertaking of liability insurance
This bond is for a one year term beginning November 1, 2000 . In the event of default by the Principal in
the performance of the contract during the term of this bond, the Surety shall be liable only for the direct loss to the
Obligee due to actual excess costs of performance of the contract up to the termination of this term of this bond. No suit
shall be brought on this bond after one year following its termination. Neither non-renewal by the Surety, nor failure or
inability of the Principal to file a replacement bond, shall constitute loss of the Obligee recoverable under this bond.
The bond may be extended for additional terms at the option of the Surety, by continuation certificate executed by the
Surety.
The Obligation of this Performance bond inures solely to the benefit of the obligee. No right of action shall accrue
under this Performance Bond to or for the use of any person, finn, corporation, public or private entity other than the
obligee. In the event that the Obligee is comprised of more than one person, firm corporation, public or private entity,
the conditions, limitations and exclusions of this Performance Bond shall apply jointly and severally to each and all
constituents of the Obligee, and the aggregate liability of the Surety to the Obligee shall in no event exceed the above
penal sum.
The consent of the Surety shall be required with regard to any changes or alterations in the above Contract including,
but not limited to, where the cost thereof, added to prior changes or alterations, causes the aggregate cost of all changes
and alterations to exceed 10 percent of the original contract price, or where the completion thereof is extended by more
than 90 days.
No right of action shall accrue under this Performance bond unless demand is brought by suit, action or other legal
proceeding commended against the Surety within one year after the day that the Principal last performed labor or
supplied material for the above Contract. Any and all claims and causes of action (including warranty requirement or
the remedy of latent defects) not so commended shall be deemed extinguished and forever barred from action under this
Performance Bond.
In the event of conflict or inconsistency between the provisions of this Performance Bond and the provisions of the
above Contract, the provisions of this Performance Bond shall control, or the obligation of the surety be deemed null
and void to the extent of any enlargement or augmentation to the liabilities of the Surety prescribed by this Performance
Bond.
SFI Houston Services Group
---f\ . (
-~~~:;~~;2~ ~1.tft j ,J
Theresa Sr;ow Power of Attorney
Principal
American Casualty Company of Reading, Pennsylvania
., rf4nl It. {t 1m J 1YI.1. ~'l
Esther C. Jimenez'
Attorney-in-fact
1411 Opus Place
Downers Grove, IL 60515
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NOT~ACKNOWLEDGEMENT
STATE OF ILLINOIS
COUNTY OF DUPAGE
On this 1st day of November, 2000, before me, a Notary Public of the
State and County aforesaid, residing therein, duly commissioned and
sworn, personally came Theresa Snow, to me known, who being by me
duly sworn accordingly to law, did depose and say that she resides in
Illinois; that she is an Attorney-in-Fact for Allied Waste Industries, Inc.
and its subsidiaries, and that she executed and delivered such
instrument on behalf of said corporation as its voluntary act and deed
for the uses and purposes therein mentioned.
My Commission Expires:
/; , --L-...)
!~.' tlf\~'-'~
./ (
---
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NOTARIAL ACKNOWLEDGEMENT
State of Illinois
County of DuPage
On this 1st day of November, 2000, before me, a Notary Public of the State and
County aforesaid, residing therein, duly commissioned and sworn, personally came
Esther C. Jimenez, to me known, who being by me duly sworn according to law, did
depose and say that she resides in Illinois: that she is an Attorney-in-Fact of the
National Fire Insurance Company of Hartford, a corporation described in and which
executed the foregoing instrument: that she knows the seal of said corporation: that it
was so affixed by order of The Board of Directors of said corporation and that she
signed this name thereto by like order: that she executed and delivered such
instrument on behalf of said corporation as its voluntary act and deed for the uses and
purposes therein mentioned.
My Commission Expires:
~Ld'J~ _
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ALLIED WASTE
INDUSTRIES, INC.
POWER OF ATTORNEY
Allied Waste Industries, Inc., incorporated under the laws of the State of Delaware, and having its chief
place of business at 15880 N. Greenway-Hayden Loop, Suite 100, Scottsdale, Arizona, 85260, hereby
makes, constitutes and appoints Weible, Cahill & Company, LLC, acting through and by William P.
Weible or William F. Cahill, Becky Rardin, Theresa Snow or Molly Moran, its true and lawful attorney
and affix its corporate seal to and deliver for an on behalf as surety thereon or otherwise, bonds of any of
the following classes, to wit:
I. Surety bonds and/or bid bonds to the United States of America or agency thereof, including those
required or pennitted under the laws or regulations relating to Customs or Internal Revenue;
license and pennit bonds or other indemnity bonds under the laws, ordinances of regulations of
any state, city, town, village, board, other body organization, public or private; bonds to
transportation companies; lost instrument bonds; lease bonds, worker's compensation bonds;
miscellaneous surety bonds; and bonds on behalf of notaries public; sheriffs, deputy sheriffs and
similar public officials.
2. Surety bonds and/or bid bonds on behalf of Allied Waste Industries, Inc. and its subsidiaries,
included, but not limited to, Allied Services, LLC, Allied Waste Systems, Inc., Allied Waste
Transportation, Inc., American Disposal Services of Missouri, Inc., and BFI Waste Systems of
North America, Inc., in connection with bonds, proposals, or contracts.
To sign and seal all bid bonds and surety bonds on behalf of Allied Waste Industries, Inc. and its
subsidiaries, relating to the provision of solid waste collection, transportation, recycling, or disposal
services by Allied Waste Industries, Inc. and its subsidiaries. Allied Waste Industries, Inc. hereby agrees
to ratify and confinn whatsoever Weible, Cahill & Company, LLC shall lawfully do pursuant to this
power of attorney and the procedural guidelines set forth to Weible, Cahill & Company, LLC, and until
notice or revocation has been given by Allied Waste Industries, Inc. the acts of the said attorney shall be
binding on the undersigned.
IN WITNESS WHEREOF this POWER OF ATTORNEY has been signed this 1 ih day of July, 2000,
on behalf of Allied Waste Industries, Inc. by its Vice President, Legal, . Seven M. Helm.
State of Arizona
)
) ss.
)
County of Maricopa
Sub~cribed and sworn before me this I ih ~ay of July, 2000, by Steven M. Helm.
JANET L WEIMS
Notary Publto . ArIzona
MARICt)PA COUNTY
My Comm:ssicn E:::--',<:!s
...IAr~u;'\:;y 1.1, Z:~J
15880 N. Greenway-Hayden loop. Ste 100/ Scottsdale, AZ 85260 /480.627.2715/480.627.2704 FAX
POWER OF ATtRNEY APPOINTING INDIVIDU'&rrORNEY-IN-FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY. an Illinois corporation, NATIONAL FIRE
INSURANCE COMPANY OF HARTFORD. a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING,
PENNSYLVANIA. a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing
corporations having their principal offices in the City of Chicago, and State of Illinois. and that they do by virtue of the signature and seals
herein affixed hereby make. constitute and appoint
William P. Weible. Molly M. Moran, Lori A. Noggle. William Cahill. Kimberly Sawicki, Deborah Buss, Esther C. Jimenez,
Becky L. Rardin, Theresa A. Snow, Individually
of West Chicago. Illinois
their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
hereof, duly adopted. as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 24th day oj August 2000
State of Illinois, County of Cook, ss:
On this 24th day of August 2000 ,before me personally came
Michael Gengler, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he
knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed
pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,
and acknowledges same to be the act and deed of said corporations.
............................
: · OFFICIAL SEAL. :
: DIANE FAULKNER :
.
: NaibIIY P\Mo. Itate of II~ .
: My CommJaIOft ___ 'WI!l?~ _;
My Commission Expires September 17, 2001
CERTIFICATE
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
-(h-d-( /J.-f-
Michael Gengler
Group Vice President
>>~ \:-~
Diane Faulkner
Notary Public
I. Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD, and AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the
said corporations this 1 s t day of November 2000.
(Rev.10/1/97)
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA
~a
Mary A. Ribikawskis
Assistant Secretary
.
.. A CORn ::~E'R;:i1'tI:-=I"~"Af:r;I;.:'~I:I;::i,I;!:'I'!!~B"""'lili'JI'~!::I'A;I:~II;'I:..' . ".'...'....','....,.,...,.,':...'e.,..,','...:...'.,....:....1:,'..,.........'........',:,..:....:.'.:...1.:..:.",:.ft.'....',.:,'....Ai.,;...:i~:.i!i1::!.::,.:.:,..'..,.....1tl:....:,..~.i..'::.:e."...!;;..:,...:..,:,...;.:;:...l....:.:.....~.'.!i::i.:..,'.!,.,!,'...'."2'D:~EP';~.'.2';DOIlO.fmo. '1
-- ~.. ,::~, ",:,..:;,).:lJ:~h;~~;\_;:,~::::~:~:';;:~ ,~,;, ,,; ,i~_,:-l~;;:J:!;n,,~\..~~; , ,~I:i,>;, .~~.,~E1: .llCi.' V"G !!;
"'RODu~it'.",,,,,,;:,,, """",':.",,::,::' ..... ''''i',',,,,,,,,,,,,,,,, ... "','.,""",;.:-'" ",'98245'," '.. 'TH;S'CE~T1FICATE IS ISSUED AS A MA~R OF lNFClAMA-n-ON
Willis of Arizona, Inc. aolL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
11201 North Tatum Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND CIA
Suite 300 At. TEA THE COVERAGE AFFOftDED BY THE PQ..IClES BELOW.
!!'!.!."~~~ ___A..,Z 85028 COMPANIES AFFORDING COVERAGE
.. m .. . ... ... CO\o1PANY American H~~~AssuranC8 Company..... ........
___. u __'U
....-c....-.. ........
"-
ALLIED WASTE INDUSTRIES. INC.
(NAMED INSD. CON.T BELOW)
15880 N. QREENWAY-HAYDEN
lOOP. SUITE 100
ISCOTTSDALE AZ 85260
CO\o1PANY National UnIon' Fire Ins. Co. of Pittsburgh, PA
B
23817-002 (PHIXI
CO\o1PIlNY Illinois National ns. Co.
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1942$-004 IPHQ()
CCMPIlNY Ins. Co. of the State of PA
o
~
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELON HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THiS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,
EXCW510NS AND CONDITIONS OF SUCH POLICIES. UMITS SHONN MAY HAVE BEEN REDUCED BY PAlD CLAIMS.
CO TYPE 01' INSURAllCE POLICY NUIIBER POLICY EFFEC1lVE POLICY ElCPlRAllCll
LlR DAlE (llIIIODIVV) DA 11! (ll1I/DD/VV) UIIIl$
A ~IIERAL UABLllV 3l61230B3 30-5EP-1999 01 ""AN-2001 GENERAL AGGlEGATE $ 10,000,000
.!. 3MERCI AL GENERAL U ABI~ITY iORaJUcr5-CCMiOICP ,1,00 $ 5,000.000
-..:.. CLAlMSMAOE [K] OCCUR PERSCNAl & ADV INJURY $ 2,500,000
_ OWNER'S&caJTRACT~'SPROT EACH OCCURRENCE $ 2,500,000
- FIRE DAMAGE (Anvon.fire) $ 100,000
MED EJ<P rAnv cne'8l"Sa11 ..
A ...!!,TOMOBILE UABllIlV ...A5347426 30-5Ep.1999 01 ""AN.2001 5,000,000
A ~ ANY AUTO r'A5347427 30-SEP-1999 01 ""AN-2001 CQ,lBINED SiNGLE UMIT $
I-- Al~ OWNED AUTOS 8COI~ Y INJURY $
SCMIOOULEO AUTOS (Per pll'son)
-
~ HIRED AUTOS BCOI~ Y INJURY $
~ NON-OWNED AUTOS (Per aceden!)
f-- PRCPERTV DAMAGE $
~ACE UABLllV AUTOON~ y. EA ACCIDENT $
I-- ANY AUTO OTHER THIlN AUTO ON~ Y /> ..........
I-- EACH ACCIDENT $
AGG'lEGATE ! S
B EXCESSUA.L1lV BE3574237 30-SEp-1999 01 ""AN-2001 EACH OCCURRENCE $ 5,000,000
~ UMBRELLAFa.M AGGlEGATE $ 5,000,000
OTHER THIlN UMBRE~LAFa.M S
A WORKERSCOIIPENSAllON AND WC3475106 30-SEP-1999 01 ""AN-2001 X IWCSrATU. : I IFF'i .... >.
TCAYUMITS
C EIIPLCWEAS' UABl.IlY IIVC3475108 30-5EP-1999 01.JAN-2001 1,000,000
E~ EACH ACCIDENT $
A THE PRCPRIET~I R INCI.. WC3475109 30-SEP-1999 01 ""AN-2001 1. 000,000
P ARTNIOR S'EXECUTl VE EL 01 SE ASE -PW CY U MIT $
0 O"FICEFlS AAe: IOxCl..INC3475114 30-SEP-1999 01.JAN-2001 IO~ DISEASE-EAEMPLO'l'E!" .. 1,000,000
01MER
DESCRPlIOlI Of OPERAllOllS/LOCAl1011S/VE"IQJ;s{spEClALIll!IIS
SEE ATTACHED
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$llOULO AMY Of 1ME ABOVE DESCRllll!D POLICES BE CAllCl!LLED llEFORE 1ME
EXPIRAlIOlI DAlE 1MEAEOF, 1ME ISSUING COMPANY WILL ENDEAVOII TO IIAIL
~ DAYS WRITlI!N NOlla TO 1ME CERnFICAlE HOLDER NAilED TO 1ME LEFT,
llUT FAILURE TO IIAIL sua IlOlla! SHALL 'MPOSE NO OBUGAllOll OR UABIUlV
m: ANY KIIID UPOII.-:DIE COMP,Q. ITS AGENTS OR RfPRfSEIITAllVES.
...~wt;RESE"Tt:$_ I ~~<.,.......... .....
T/ .. @ACOADCOAPOAAltON,1988
CITY OF LA PORTE
604 WEST FAlRMONT
LA PORTE TX 77571
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" ISSUE DAll! (MMfDO/YY)
26-SEP-2000
IlSURED
AZ 85260
,'COV~A~'>:
THIS IS TO CERTIFY THAT THE POLlCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD
INDICATED, NOTWITHSTANDING ANY REaJIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'TYPE Of INSURANCE
POlICY NUMBER
L.ITS
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
NAMED INSURED INCLUDES - 8FI WASTE SYSTEMS OF NORTH AMERICA. INC.
Workers Compensation - Additional Policy:
Insurance Company
American Home Assurance
Po 11 cy i
WC3475107
Eff./Exp. Dates
09/30/99 - 01/01/01
Employers Liability (Stop Gap) coverage for Monopolistic States is
i nc luded:
$1.000.000 Each Accident
$1.000.000 Disease - Policy Limit
$1.000.000 Disease - Limit Each Employee
Certificate Holder is Additional Insured. except for Workers Compensation.
if required by written contract.
CERTIFICATE HOlDER
CANCELl.ATlON
CITY OF LA PORTE
604 WEST FAJRMONT
LA PORTE TX 77571
. . .....1 '.
WILLIS 2.5wI (i(95)
e WILLIS 1995
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: o~
Requested By: S. Gillett
Department: Public Works
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Report:
Resolution:
Ordinance: XX
Amount Budgeted:
N/A
Exhibits: Ordinance No.
Amount Requested:
N/A
Exhibits:
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
The new contract for commercial solid waste collection will change the method of billing commercial
customers. The current ordinance states that billing will be done by the city. The new contract shifts the
billing to the Contractor. The attached ordinance amends those portions of the Code of Ordinances to
recognize this change.
Action Required bv Council: Approve Ordinance No. 2000- changing the billing of commercial
solid waste customers receiving container service from the City of La Porte to the city's authorized
Contractor.
Approved for City Council Aeenda
Q{~ \. ~~
Robert T. Herrera, City Manager
\O~~.OO
Date
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ORDINANCE NO. 2000- 'J,IfIfO
AN ORDINANCE AMENDING CHAPTER 58 (SOLID WASTE) DIVISION 2,
"SANITATION CONTAINER SYSTEM SERVICE", OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE, AND CHAPTER 58, ARTICLE III, "RATES AND
CHARGES", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, AND
APPENDIX A - FEES, CHAPTER 58, SOLID WASTE, OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE; 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.
Chapter 58, "Solid Waste", of the Code of
Ordinances, is hereby amended and the following sections shall
hereafter read as follows, to-wit:
Sec. 58-106. Prescribed-For residences.
"(a) There shall be charged, assessed and collected, for garbage,
trash and other rubbish collection by the city from residential
dwelling units, a sum in an amount established by the city and
listed in appendix A of this Code per unit, per month.
(b) Such monthly charge on every single-family residential
dwelling unit shall be as provided on appendix A -- Fees, of this
chapter of the Code of Ordinances."
Sec. 58-107. Same-For business and commercial establishments.
"(b) Subject to the foregoing minimum charges for business and
commercial establishments, including mUlti-family projects as
defined herein, additional charges shall be in an amount
established by the city and listed in appendix A of this Code per
month, for each user of solid waste containers furnished by the
city's contractor at a business or commercial establishment, or
mUlti-family project."
Sec. 58-108. Billing and collection.
"(a) The customer service division shall include on its monthly
bills mailed to persons who receive the garbage and trash
collection and removal services provided by the city, the charge
designated for such services rendered to the premises of such
persons, and listed in appendix A of this Code per month. The
charges fixed by this article shall be payable to the city on or
before the due date specified on such billing. If any person
receiving such service does not have a water connection billing,
then a separate monthly bill shall be sent to such person, and in
that event the specified charges for trash and garbage collection
shall be due on or before the tenth day following the mailing of
the separate bill.
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(b) The city's authorized contractor shall bill directly, all
accounts within the city receiving garbage and trash collection and
removal services provided by the city's authorized contractor and
specified in this chapter, the charges designated for such services
rendered, in accordance with the fees stipulated in said contract,
to the premises of such persons. The charges fixed by said
contract shall be payable to the city's authorized contractor on or
before the due date specified on such billing."
APPENDIX A-FEES
Chapter 58. Solid Waste
Article III. Rates and Charges
"(c) Users of solid waste container service,
as provided by the city's authorized
contractor, shall pay the initial rates
as provided in the city's contract with
its authorized contractor, as shown on
Exhibit "A" attached hereto, which rates
shall be subject to adjustment in accordance
with paragraph 13.03, et. seq., of said
contract."
section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 23rd day of October, 2000.
ATTEST:
1[ptdttjl )t-W
Ma tha A. Gillett
City Secretary
By:
CITY OF LA PORTE
~~~
oN ma L. al e
Mayor
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September 25, 2000
Dear Commercial Customer:
The City of La Porte is expected to award a new contract for the collection of containerized
commercial solid waste in the near future to SFt Waste Systems of North America, Inc. There are
several changes to this agreement.
Effective November 1, 2000, the City will no longer bill customers for commercial containerized solid
waste collection and disposal. The City of La Porte will apply your deposit to the balance of your
account and refund any remaining balances to you. Consequently, you will not receive a bill for
October garbage collections unless your deposit does not cover the balance of your account.
Starting November 1, 2000 all billing and customer service will be through SFI Waste Systems. A
SFI representative will contact you in the near future with information regarding billing and service.
For those customers that utilize roll-off service, this service has been eliminated from the new
contract. Customers requiring roll-off service after October 31, 2000 may contract with the service
provider of their choice.
The beginning rate schedule for containerized solid waste collection and disposal is attached. This
schedule will be effective November 1, 2000, and run through November 31, 2001. The new
contract will provide for annual rate adjustments based on the Consumer Price Index, with a
maximum annual increase of 5%.
The City is committed to providing responsible services to the business community. Should you
have any questions regarding the change in billing services, please contact Customer Service at
281-470-1403. Should you have any questions regarding container service, please contact SFI at
713-948-7600.
Thank you for your support and cooperation.
Sincerely,
G<~ -r: ~
Robert T. Herrera
City Manager
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EXHIBIT A
CITY OF LA PORTE
RATES FOR FRONT END SERVICE
,.. f:?J q~,~,~gF":0 !:~t;:\:J~I}f,:>~~I.(;E~)I~' :;;:':;:
~. '1~WEEK' >. \ > PER~ONlf'AINE'Rv,'::"
~lIr~]~Si~~~~f:~'
1 $ 18.49
2 $ 35.59
3 $ 50.61
4 $ 65.62
5 $ 81.99
6 $ 98.37
EXTRA P/U $ 18.00
1 $ 27.67
2 $ 53.34
3 $ 75.85
4 $ 98.37
5 $ 122.94
6 $ 147.51
EXTRA P/U $ 22.00
1 $ 36.86
2 $ 71.00
3 $ 101.10
4 $ 131.13
5 $ 163.89
6 $ 196.65
EXTRA P/U $ 25.00
1 $ 55.25
2 $ 1 06.56
3 $ 151.60
4 $ 196.65
5 $ 245.78
6 $ 294.92
EXTRA P/U $ 30.00
1 $ 73.62
2 $ 142.00
3 $ 202.10
4 $ 262.16
5 $ 327.68
6 $ 393.19
EXTRA P/U $ 35.00
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Oct~OOO
Requested By: S. Gillett . .~pI~
Department: Public Works
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Report:
Resolution:
Ordinance: XX
Amount Budgeted:
N/A
Exhibits: Ordinance No.
Amount Requested:
N/A
Exhibits: Letter of Reauest - TxDOT
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
The Texas Department of Transportation (TxDOT) previously established construction speed zones along
SH 146. With the completion of construction, TxDOT has performed a traffic and engineering study to
determine the correct speed limit. The proposed speed limit would be raised to 65 mph along SH 146
from the northern boundry to the southern boundary of the City of La Porte. All necessary labor, material
and equipment to install and maintain the signage will be furnished by TxDOT.
Action Required bv Council: Approve Ordinance No. 2000- establishing a 65 mph speed limit
along SH 146 from the northern to the southern boundary of the City of La Porte.
Approved for City Council A!!enda
G~ T. ~~
Robert T. Herrera, City Manager
--I o. ~'()0
Date
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I Texas Department of Transportation
P.O. BOX 1386. HOUSTON, TEXAS 77251-1386. (713) 802-5000
September 14, 2000
Speed Zoning
Harris County
SH 146
Control 0389-13, 12 & 05
:...~. ~~9lfI:~8:...~~~?,,,,,.. ...~...
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. ._--...~.~-.._--,....._~......
The Honorable Norman Malone
Mayor, City of La Porte
P. O. Box 1115
La Porte, Texas 77572
Dear Mayor Malone:
Our office has completed a speed zone study along SH 146 within the City of La Porte.
Attached are speed zone strip maps numbered 4085 B-3, 4085 C-2 through 4085 D-1 and
a prepared speed zone ordinance suggested by the Texas League of Municipalities
containing the recommended zone. If you concur with the recommended zone, please
furnish this office with a copy of your executed ordinance, so that new signs can be
installed.
If you should have any questions, please contact me at (713) 802-5l71 or
Mr. Michael C. Awa at (713) 802-5858.
Sincerely,
st:f C~ I P.F.
Sally G. Wegmann, P.E.
Director of Transportation Operations
Houston District
MCA: ma
Attachments
cc: Mr. Michael C. A wa
R rH q( fC(1 UZJ
An Equal Opportunity Employer
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ORDINANCE NO. 2000- ;J,J./.Jf!
AN ORDINANCE AMENDING CHAPTER 70, ARTICLE III, SECTION 70-106
AND 70-107 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE;
FOR THE PURPOSE OF DESIGNATING MAXIMUM SPEED LIMITS UPON
STREETS WITHIN THE CITY OF LA PORTE; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDIANANCE 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.
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 facie 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 apropriate signage giving notice thereof is erected at such intersection or
other place or part of the street or highway;
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
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Vehicles", Article III, Section 70-l06 and Section 70-l 07 are hereby amended to read as
follows, to-wit:
"Section 70-106. Sixty-five mile per hour zones.
The following streets or portions of such streets shall constitute special
speed zones, and it shall be unlawful for any person to operate any motor vehicle
at a rate of speed in excess of 65 miles per hour in any such zone.
(1) Along SH 146 from the northern limits of the City of La Porte to
the southern limits of the City of La Porte, a distance of 19,995
feet, 3.787 miles.
Section 70-l 07. Signs.
The Chief of Police of the city is hereby authorized and directed to post
signs at both ends of special speed zones created in this division, which signs
shall reflect the speed limits of the respective zones."
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.
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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.
Section 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 of the City of La
Porte at least twice within ten (10) days after the passage of this ordinance.
PASSED AND APPROVED, this 9th day of October, 2000.
CITY OF LA PORTE
By:
)~/J/tl;/P7!4~
N6rman L. Malone
Mayor
'"
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IJAJAa 11. J;I du:/
Martha A. Gillett
City Secretary
APP~ED: I
l2;:d:ud
Knox W. Askins
City Attorney
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PUBLIC NOTICE
ORDINANCE 2441
AN ORDINANCE AMENDING CHAPTER 70, ARTICLE III, SECTION 70-106 AND 70-107
OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; FOR THE PURPOSE OF
DESIGNATING MAXIMUM SPEED LIMITS UPON STREETS WITHIN THE CITY OF LA
PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THEIS
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.
CITY OF LA PORTE
sIN orman L. Malone, Mayor
ATTEST:
s/Martha Gillett, City Secretary
APPROVED:
slKnox W. Askins, City Attorney
****************************************************************************************************
! .. A P.01 !
~ .., TRANSACTION REPORT .., ~
* OCT-10-2000 TUE 04:58 PM *
* *
* DATE START RECEIVER TX TIME(L)PAGES TYPE NOTE M~ DP *
* *
* OCT-10 04:57 PM 2814715763 35H(1) 2 SEND OK 054 *
* *
* *
* TOTAL : 35S PAGES: 2 *
* *
****************************************************************************************************
604 W. Fairmont Parkway
La Porte, Texas 77571
Phone: 281-471-5020 ext. 233
Fax: 281-471-7168
Fax
To: &~Koc( ,~
Fax: ~fl-t r(7/ - 5'7&~
Phone:
From Janis Goulder
Date: 10 ~/O.- or)
Pages:
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:MEETING HANDOUTS
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Date: \ v - tJ1 - 0 cJ
Name:
t)A I/\.Q )-\ ~ Vl\A Y\. ~ ~ L-
Address:
57-I SaL/~~ '1f'-~
City, State, Zip:
LA Pt/{lfp( ,J 77--r;-"/1
Subject on which I wish to speak:
c.. \~ ~ \./ (J rz- JJ IJ h h .#A'" \..J h,4 It -
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CITY OF LA PORTE
CITY SECRETARY'S OFFICE
INTEROFFICE MEMORANDUM
October 9, 2000
TO:
SUBJECT:
Robert T. Herrera, City Manager
Janis Goulder, Assistant City Secretary T
Citizen Complaint concerning Trash pickup
FROM:
On Tuesday, October 3,2000, when I returned from lunch, David Hernandez, 32l South 3rd Street
was requesting to speak to the Mayor and Council concerning his heavy trash pick up. Mr.
Hernandez was very upset. He stated he was given a warning for putting heavy trash pick up at his
curb and instructed to move it until closer date to his heavy pick up date. He stated he was not going
to move the trash and the person could just go ahead and write him a ticket. He then stated, loudly
and rather colorfully that he would do his yard work when he wanted and the city needed to pick up
heavy trash around his schedule. Mr. Hernandez was very upset and didn't respond well to my
attempt to talk to him.
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Date: I () - 9 - ;) tJ (j c)
Name:
Address:
S .'io 0 a_J'fe.l'Lk r
~.J 3L/ G-Ie h f&V- /G
City, State, Zip:
~a.. po ~+e ) 1)(.
Subject on which I wish to speak:
-Pr-D f) e... +L J 1-<A _ 'L~
r I '
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Date: 10 -q- 00-
Name: SJ
~i11 ~
Address:
) '?,,7 ~ "J45 ,. .Q.-<"'I~ l4J.
City, State, Zip:
l-~ ~ 2rf\.:~b '\)0 1~7 (.
Subject on which I wish to speak:
~hts-~E: ~_ ~~
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u.s. Department
of Transportation
Federal Aviation
Administration
Southwesl Region
Arkansas. LouIsiana.
New MexIco. Oklahoma
Texas
Fort Worth, Texas 76193-0000
September 8, 2000
". .
~ I '.
Mr. Steve Gillett
City of La Porte
PO Box 1115
La Porte, TX 77571
SEP 11 2000
, .
"
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,.'--.....
'.-'~ .
,
'"
. .
DeAr Mr. Gj.llet~:
This is in response. to your question on the proposed road
northwest of La Porte Municipal Airport.
The road in question is shown on your Airport Layout Plan
(ALP) which was approved by us on November 29, 1995. 1h~ ~oad)
is- clearly in the o~ter portion of the Runway Pro.tectio~..:?~:m,e.'
(RPZ~. However, our Advisory Circular (AC 150/5300-13) on
Airport Design does not preclude roads from being in RPZs. We
simply encourage communities not to develop any places of
public assembly in this part of an RPZ. See paragraph 212 of
this AC for more information.
Before construction of this road, we do ask that you prepare
an airspace study (using FAA Form 7460-1) and submit it to
TxDOT in Austin. If you have any questions, please do not
hesitate to contact me at (817) 222-5614.
,.
Ben Guttery
Senior Program Manager
Texas Airports Development Office
cc:
Mr. David Fulton
Texas Department of Transportation
Division of Aviation
125 East 11ch Street
Austin, Texas 78701
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US Department
of Transportation
Federal Aviation
Administration
Southwest Region
Arkansas. LouIsiana.
New MexIco. Oklahoma
Texas
Fort Worth, Texas 76193-0000
September 8, 2000
Mr. Steve Gillett
City of La Porte
PO Box 1115
La Porte, TX 77571
SEP 11 2000
Dp~r Mr. Gjlle~~:
This is in response. to your question on the proposed road
northwest of La Porte Municipal Airport.
The road in question is shown on your Airport Layout Plan
(ALP) which was approved by us on November 29, 1995. The road
is clearly in the outer portion of the Runway Protection Zone
(RPZ). However, our Advisory Circular (AC 150/5300-13) on
Alrport Design does not preclude roads from being in RPZs. We
simply encourage communities not to develop any places of
public assembly in this part of an RPZ. See paragraph 212 of
this AC for more information.
Before construction of this road, we do ask that you prepare
an airspace study (using FAA Form 7460-1) and submit it to
TxDOT in Austin. If you have any questions, please do not
hesitate to contact me at (817) 222-5614.
r
Ben Guttery
Senior Program Manager
Texas Airports Development Office
cc:
Mr. David Fulton
Texas Department of Transportation
Clvision of Aviation
125 East 11th Street
Austin, Texas 78701
t
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.
.
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It
US Deportment
of Transpol1ation
Federal Aviation
Admklistratkx1
." )
Ai. ~ory
Circular
OAr-'-'
Subject: AIRPORT DESIGN
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[)Qlt: 9f29189
Inililtrd by: AAS-110
AC No: 150/5300-13
(lIlRge:
1. PURPOSE. This advisory circular (AC)
contains the Federal Aviation Administration's (FAA)
!\tandards and recommendations for airport design.
2. CANCELlATION. This (Aq cancels the
following publications:
a. AC 150/5300-2D, Airport Design
Standards-Site Requiremenls for Terminal
Navigational Facilities, dated March 10, 1980.
b. AC 15015300-4B, Utility AirportS-Air
Access to National Transportation, dated
June 24, 1915.
Co AC 150/5300-12, Airport
Standards..Transport Airports,
February 28, 1983.
Design
dated
~~f.'~
Leonard E. Mudd, Director
Office of Airport Safety and st.andards
d. AC 15O/5325-Sc' Aircraft Data, dated
June 'l!J, 1987.
Co AC 150/5335-2, Airport Aprons, dated
January 27, 1965.
3. APPI.JCATION. The standards and
recommendations rontained in this advisory circular'
are recommended by (he Federal Aviation
AdmInistration for use in the design of civil airports.
For airport projects receivin ral ~nt-in-aid
assistance. the use of th standards ~ndato~
At cef1i~red..., airports, t e standar sand
recommendations may be used to salisfy specific
rcquirentents of Federal Aviation Regulations (FAR)
Part 139, Certification and operations: Land Airports
Serving Certain Air Carriers, Subpart D.
^~ 150/5300-13 GIG 5
(e) When the IShOldS arc
staggered and the approach is to the far threshold, the
minimum 2,500-foot (762 m) separation requires an
increase of 100 feet (30 m) for every 500 feet (152 m)
of threshold stagger.
209. RUNWAY TO PARALLEL TAXIWAY
AND TAXILANE SEPARATION.
a. Standards. Tables 2-1 and 2-2 present
the runway centerline to parallel taxiway/taxilane
centerline separation standard. This distance is such to
satisfy the requirement that no part of an aircraft (tail
tip, wing tip) on taxiway/taxilane centerline is within
the runway safety area or penetrates the obstacle free
zone (OFZ). The computer program cited in
appendix 11 may be used to detennine the increase to
these separation distances for elevation.
b. Recommendations. To have room for
the acute-angled exit taxiway, provide a runway
centerline to parallel taxiway centerline of at least 400
feet (120 m) for Airplane Design Groups I and II,
500 feet (150 m) for Airplane Design Group III, and
600 feet (180 m) for Airplane Design Groups IV, V,
and VI.
210. BillLDING RESTRICfION LINE (BRL).
A BRL should be placed on an airport layout plan for
identifying suitable building area locations on airports.
lhe BRL should encompass' the runway protection
zOnes, the runway object free area, the runway
visibility zone (see p8ragraph 503), NA V AID critical
areas, areas ~uired for terminal instrument
procedures, and airport traffic control tower clear line
of sight
~t~.,omECf CLEARING CRITERIA. Safe and
.', effi~perations at an airport require that certain
areas on and near the airport be clear of objects or
restricted to objects with a certain function,
com~ition, and/or height The object clearing
criterl8 subdivides the 14 CFR Part 77, Subpart C,
airspace and the object free area (OFA) grolDld area by
type of objects tolerated within each subdivision.
Aircraft are controlled by the aircraft operating roles
and not by this aiteria
a. Standards.
requirements are as follows:
Object
clearance
(1) ObiedFree-Area (OFA). Object
free areas require clearing of objects as specified in
paragraph 307, Runway Object Free Area, and
paragraph 404, Taxiway and Taxilane Object Free
Area (OFA).
12
l! Jilin
(2) Run. and Taxiway Safety
Areas. Runway and taxiway safety areas require
clearing of objects, except for objects that need to be
located in the runway or taxiway safety area because of
their function. Objects higher than 3 inches (7.6 em)
above grade should be constructed on low impact
resistant supports (frangible mounted structures) of the
lowest practical height with the frangible point no
higher than 3 inches (7.6 cm) above grade. Other
objects, such as manholes, should be constructed at
grade. [n no case should their height exceed 3 inches
(7.6 em) above grade. Underground fuel storage
facilities should not be located within runway and
taxiway safety areas (see AC 15015230-4), Aircraft
Fuel Storage, Handling, and Dispensing on Airports).
Tables 3-1, 3-2, 3-3, and 4-1 specify runway and
taxiway safety area standard dimensions.
#<'.' --.
.
,.
(3) Obstacle Free Zone (0 FZ).
Obstacle Free Zones require clearing of object
penetrations, except for frangible visual NA V AIDs that
need to be located in the OFZ because of their function.
Paragraph 306 specifies OFZ standard dimensions.
(4) Threshold. The threshold obstacle
clearance surfaces, defmed in Appendix 2,
paragraph 5, require clearing of object penetrations.
(5) NA V AIDs. Certain areas require
clearing for the establishment and operation of
NA V AIDs. These NA V AID critical areas are depicted
in chapter 6.
....\
(6) 14 CFR Part 77 Obstructions' to
Air Na~tion. Obstructions. to air navigation must
be removed unless an FAA aeronautical study, based
on proposed operations. determined otherwise. To
determine otherwise, the FAA must find no substantial
adverse effect as defined in Order 7400.2, Procedures
for Handling Airspace Matters, Chapter 7, Evaluating
Aeronautical Effect, Section 1, General. The FAA.
normally, limits aeronautical studies of existing objects
to obstructions to air navigation which are not included
in the criteria cited in paragraphs 211a(1) through (5).
(7) Runwav.. Protection ZOne. (RPZ).
The RPZ requires clearing of incompab"ble objects and
activities as specified in paragraphs 2l2a(IXa) and
2l2a(2).
(8) General. Other objects which
require clearing are those which generally can have an
adverse effect on the airport. These include objects in
the inner part of the approach area (coinciding with the
RPZ) such as fuel handling and storage facilities,
smoke and dust generating activities, misleading
lights, and those which may create glare or attract
wildlife.
Chap 2
,
. .
2/14/97
..
e
b. Recommendations. Other objects which
are desirable to clear, if practicable, are objects which
do not have a substantial adverse effect on the airport
but, if removed, will enhance operations. These
include objects in the controlled activity area and
obstructions to air navigation which are not covered in
paragraph 211.a, especially those penetrating an
approach surface. On a paved runway, the approach
surface starts 200 feet (61 m) beyond the area usable
for takeoff or landing, whichever is more demanding.
On an unpaved runway, the approach surface starts at
the end of the area usable for takeoff or landing.
212. RUNWAY PROTECTION ZONE (RPZ).
The RPZ's function is to enhance the protection of
people and property on the ground. This is achieved
through airport owner control over RPZs. Such control
includes clearing RPZ areas (and maintaining them
clear) of incompatible objects and activities. Control is
preferably exercised through the acquisition of
sufficient property interest in the RPZ.
3. Standards.
(1) RPZ Confieuration/Location. The
RPZ is trapezoidal in shape and centered about the
extended nmway centerline. The controlled activity
area and a portion of the Runway OFA are the two
components of the RPZ (see figure 2-3). The RPZ
dimension for a particular nmway end is a function of
the type of aircraft and approach visibility minimum
associated with that nmway end. Table 2-4 provides
standard ...mmeoSioos.:for.:.RPZs. Other than with a
s~ application of declared distances. the RPZ
~ 200 feet (60 m) beyond the end of the area
usable for takeoff or landing. With a special
application of decJared-distances. see Appendix 14,
separate approach and departure RPZs are required for
each nmway end.
(a) The Runway OFA.
Paragraph 307 contains the location. dimension. and
clearing standards for the Runway OF A.
(b) The ControUed Activity
Area. The controlled activity area is the portion of the
RPZ beyond and to the sides of the Runway OFA.
Chap 2
1\.......- I .1\.J/ _J_)UU- 1_) '--/11\1 .>
e
(2) L:lnd Use. In addition to the
criteria specified in paragraph 211, the following land
use criteria apply within the RPZ:
(a) While it is desirable to clear
all objects from the RPZ, some uses are permitted,
provided they do not attract wildlife, are outside of the
Runway OF A, and do not interfere with navigational
aids. Golf courses (but not club houses) and
agricultural operations (other than forestry or livestock
farms) are expressly permitted under this proviso.
Automobile parking facilities, although discouraged,
may be permitted, provided the parking facilities and
any associated appurtenances, in addition to meeting
all of the preceding conditions, are located outside of
the object free area extension (as depicted in
figure 2-3). Fuel storage facilities should not be
located in the RPZ.
/___- 7 (b) Land uses prohibited from the
RPZ are: residences . and places of public assembly.
(Churches, schools, hospitals, office buildings,
shopping centers, and other uses with similar
concentrations of persons typify places of public
assembly.) Fuel storage facilities should not be located
in the RPZ.
~_ Where it is
dete~ined t~bre'f'or the airport owner to
acquire and plan the land uses within the entire RPZ,
the RPZ land use standards have recommendation
status for that portion of the RPZ not controlled by the
airport owner. . , 'I
Co FAA Studies of Obiects and Activities
in the Vicinity of Airports. The FAA policy is to
protect the public investment in the national airport
system. To implement this policy, the FAA studies
existing and proposed objects and'llctivities, both off
and on public-use airports, with respect to their effect
upon the safe and efficient use of the airports and
safety of persons and property on the ground. These
objects need not be obstructions to air navigation. as
defined in 14 CFR Part 77. As the result of a study,
the FAA may issue an advisory recommendation in
opposition to the presence of any off-airport object or
activity in the vicinity of a public-use airport that
conflicts with an airport planning or design standard or
recommendation.
213. to 299. RESERVED.
13
I 1/10/94
AC 150/5300.:/; ~f!~
I
Approach Facilities Dimensions
Visibility Expected Inner Outer
Length Width Width RPZ
Minimums 1/ To Serve L WI \\"2
feet feet feet acres
(meters) (meters) (meters)
Small
A ircrafi 1,000 250 450 8.035
Exclusively (300) (75) (lJ5)
Visual Aircraft
and Approach 1,000 500 700 13.770
Not lower than Categories (300) (150) (210)
I-Mile (160001) A&B
Aircraft
Approach 1,700 500 1,010 29.465
Categories (510) (150) (303 )
C&D
Not lower than AU 1,700 1,000 1,510 48.978
3/4-Mile (l 200 01) Aircraft (510) (300) (453)
Lower Than AU 2,500 1,000 1,750 78.914
3/4-Mile ( 1200 m) Aircraft (750) (300) (525)
:
II The RPZ dimensional standards are for the nmway end with the specified approach visibility minimums. The departure RPZ
dimensional standards are equal to or less than the approach RPZ dimensional standards. When a RPZ begins other than 200 feet (60 m)
beyond the nmwayend, separate approach and departure RPZs should be provided. Refer to appendix 14 for approach and departure RPZs.
Chap 2
19
11/10/94
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Chapter 2. AIRPORT GE&ETRY
AC 150/5300-13 CHG4
't
200. INTRODUCTION. This chapter presents the airport
geometric design standards and recommendations to ensure the
safety, economy, efficiency, and longevity of an airport.
201. PRINUPLES OF APPLICATION.
a. Need to Plan. The significance of the
interrelationship of the various airport features cannot be
overemphasized It is important that airport ovvners look to both
the present and potential fimctions of the airport.
(1) Existing and planned airspace required for
safe and efficient aircraft operations should be protected by
acquisition of a combination of zoning, easements, property
interests, and other means. AC 150/5190-4, A Model Zoning
Ordinance to Limit Height of Objects Around Airports, presents
guidance for controlling the height of objects around airports.
(2) All other existing and planned airport
elements, including the following, should be on airport property:
(a) Object free areas;
(b) Runway protection zones;
(c) Areas under the 14 CFR Part 77
Subpart C airport imaginary surfaces out to where the surfaces
obtain a height of at least 35 feet (10 m) above the primary
surface; and
(d) Areas, other then those which can be
adequately controlled by zoning, easements, or other means to
mitigate potential incompatible land uses.
b. AiIport Functions. Coordination with the FAA and
users of the airport should assist in determining the airport's
immediate and long range fimctions which will best satisfy the
needs of the community and traveling public. This involves
determining the following:
(1) The operating characteristics, SIZeS, and
weights of the airplanes expected at the airport;
(2) The airport reference code (ARC) resulting
from (l);
(3) The most demanding meteorological
conditions in which airplanes will operate;
(4) The volume and mix of operations;
(5) The possible constraints on navigable
airspace; and
(6) The environmental and compatible land-use
considerations associated with topography, residential
development, schools, churches, hospitals, sites of public
assembly, and the like.
c. Aimort Lavout Plan. When developing the airport
layout plan, application of the standards and recommendations in
Chap 2
this publication to the long range fimctions of the airport will
establish the future airport geometry. See appendices 6 and 7 for
detailed information on the development of the airport layout plan.
202. RUNWAY LOCATION AND ORIENTATION.
Runway location and orientation are paramount to airport safety,
efficiency, economics, and environmental impact. The weight and
degree of concern given to each of the following factors depend, in
part, on: the airport reference code; the meteorological conditions;
the surrounding environment; topography; and the volume of air
traffic expected at the airport.
a. Wind. Appendix 1 provides information on wind
data analysis for airport planning and design. Such an analysis
considers the wind velocity and direction as related to the existing
and forecasted operations during visual and instrument
meteorological conditions. It may also consider wind by time of
day.
b. Airspace Availabilitv. Existing and planned
instrument approach procedures, missed approach procedures,
departure procedures, control zones, special use airspace, restricted
airspace, and traffic patterns influence airport layouts and
locations. Contact the FAA for assistance on airspace matters.
c. Environmental Factors. In developing runways to
be compatible with the airport environs, conduct environmental
studies which consider the impact of existing and proposed land
use and noise on nearby residents, air and water quality, wildlife,
and historica1larcheological features.
d. Obstructions to Air Navigation. An obstruction
survey should identify those objects which may affect airplane
operations. Approaches free of obstructions are desirable and
encouraged, but as a minimum, locate and orient runways to
ensure that the approach areas associated with the ultimate
development of the airport are clear of hazards to air navigation.
e. TOPOgravhy. Topography affects the amount of
grading and drainage work required to construct a runway. In
determining runway orientation, consider the costs of both the
initial work and ultimate airport development. See chapler 5 and
AC 150/5320-5 for further guidance.
f. Aimort Traffic Control Tower Visibility. The
location and orientation of runways and taxiways must be such
that the existing (or future) airport traffic control tower (ATCT)
has a clear line of sight to: all traffic patterns; the final approaches
to all runways; all runway structural pavement; and, other
operational surfaces controlled by ATC. A clear line of sight to
taxilane centerlines is desirable. Operational surfaces not having a
clear unobstructed line of sight from the ATCT are designated by
ATC as uncontrolled or nomnovement areas through a local
agreement with the airport ovvner. See chapter 6 for guidance on
airport traffic control tower siting.
g. Wildlife Hazards. In orienting runways, consider
the relative locations of bird sanctuaries, sanitary landfills, or other
areas which may attract large munbers of birds or wildlife. Where
bird hazards exist, develop and implement bird control procedures
to minimize such hazards. Guidance is available through local
9
,AC 150/5300-13 CRG 2
AJJF1dix8
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2/24/92
8. RUNWAY PROTECTION ZONE (RPZ). Approach
. protection zones were originally established to define land areas
nndemeath aircraft approach paths in which control by the airport
trator was highly desirable to prevent the creation of airport
nazards. Subsequently, a 1952 report by the President's Airport
Commission (chaired by James Doolittle), entitled "The Airport
and Its Neighbors," recommended the establishment of clear areas
beyond runway ends. Provision of these clear areas was not only
to preclude obstructions potentially hazardous to aircraft, but also
to control building construction as a protection from nuisance and
hazard to people on the ground. The Department of Commerce
concurred mth the recommendation on the basis that this area was
"primarily for the purpose of safety and convenience to people on
the ground" The FAA adopted "Clear Zones" mth dimensional
standards to
,
100
90
eo
g 70
0
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CIl
0
g' 60
-
a 50
oJ
g
~ 40
tI
U
l 30
20
10
0
140
implement the Doolittle Commission's recommendation.
Guidelines were developed recommending that clear zones be kept
free of structures and any development which would create a place
of public assembly.
In conjunction mth the introduction of the RPZ as a replacement
term for clear zone, the RPZ was divided into "object free" and
"controlled activity" areas. The RPZ function is to enhance the
protection of people and property on the ground Where practical,
airport owners should own the property under the runway
approach and departure areas to at least the limits of the RPZ. It is
desirable to clear the entire RPZ of all aboveground objects.
Where this is impractical, airport owners, as a minimwn, shall
maintain the RPZ clear of all facilities supporting incompatible
activities. Incompatible activities include, but are not limited to,
those which lead to an assembly of people.
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Distance from runway end (feet)
Figure AS-t. Approximate distance aJrplanes undershoot and overrun the runway end
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