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Home My WebLink About2002-04-22 Regular Meeting and Public Hearing0 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING OF LA PORTE CITY COUNCIL APRIL 22, 2002 1. Call to Order The meeting was called to order by Mayor Norman Malone at 6:30 p.m. Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken, Howard Ebow, Alton Porter, Peter Griffiths, James Warren, Charlie Young, Jerry Clarke, and Norman Malone Members of Council Absent: None Members of City Executive Staff and City Employees Present: Assistant City Attorney John Armstrong, City Manager Robert Herrera, Assistant City Manager John Joerns, City Secretary Martha Gillett, Assistant City Secretary Sharon Harris, Director of Administrative Services Carol Buttler, Director of Planning Doug Kneupper, Public Works Director Steve Gillett, Purchasing Manager Susan Kelley, Emergency Services Director Joe Sease, Police Chief Richard Reff, Director of Parks and Recreation Stephen Barr, Human Resources Manager Lorie Doughty, and Administrative Assistant to the City Manager Crystal Scott. Others Present: Bill Scott, Sib Carpenter, Jan Jones, Gideon Jones, Larry Meek, Farley Fontenot, Barrett Fontenot, Roberta Steele, Joanne Kolius, Pablo Sanchez, Tiffanie Townsend, Derrick Pittman, Dave Tumquist, Sue Gale Mock Kooken, Rachel Buchanan, Dena Sanchez, Natalie Mulhern, Megan Mulhern, Chris Flynn, Kit Fontenot, Pat Mulhern, Itzel Mulhern, Terry Flynn, Bryce Barnes, Tim Stamper, Barbara Norwine, Ashley Millar, Eddie Martinez, Bruce Meismer, Bob Blackwell, D. Paul Larson, and a number of other citizens. 2. Reverend Bryce Barnes with La Porte Young Life delivered the invocation. 3. Mayor Norman Malone led in the Pledge of Allegiance. 4. Council considered approving the Minutes of the Regular Meeting and the Workshop Meeting on April 8, 2002. Motion was made by Councilperson Clarke to approve the Minutes of the Regular Meeting and Public Hearing Meeting on April 8, 2002 as presented. Second by Councilperson Warren. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Clarke, Ebow, Porter and Malone Nays: None Abstain: None 5. PRESENTATIONS/PROCLAMATIONS Mayor Norman Malone presented Gideon and Jan Jones, and Larry Meek with a proclamation in honor of "Motorcycle Safety Month". City Council Minutes 4-22-02 — Page 2 Mayor Norman Malone presented Sponsor and Trainer JoAnn Kolius and the La Porte High School Sailing Team with a proclamation in honor of "La Porte High School Sailing Team Day". Ms Kolius spoke briefly about the Team. Director of Public Works Steve Gillett recognized Retiree Ed Baker for his 20 years of service with the City, and Jose Molina for his 21 years of service with the City. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS CITY COUNCIL Dave Turnquist of 8503 Ashwyne Lane, La Porte, Texas, voiced concern regarding the April 18, 2002 Planning and Zoning Meeting, and the Committee appointments not taking place due to not having a quorum. He requested Council to consider attendance when considering appointments. Bill Scott of 1802 Lomax School Road, La Porte, Texas, requested Board action on the feedlot concerns affecting his living conditions. 7. Open Public Hearing — Mayor opened the Public Hearing at 6:52 p.m. Review by Staff — Director of Parks and Recreation Stephen Barr presented summary and recommendation and answered questions regarding overview of the Year 2002 Parks and Open Space Master Plan. Halff Associates representative, Chip Perry, provided City Council with an overview of the plan. Miriam Gore of 10223 Belfast, La Porte, Texas, realizes it is extremely competitive to receive these grants. She is concerned that if the grant is not forthcoming, how committed is La Porte to addressing these things that were presented as deficits in our parks system, particularly trails. Bruce Meismer of 10824 Spruce Drive South, LaPorte, Texas, questioned if the written report, as well as documentation in written format, is available to the public. Staff recommended approval of the Year 2002 Parks and Open Space Master Plan. Mayor Malone closed the Public Hearing at 7:43 p.m. 8. Council considered approval or other action regarding authorizing Resolution 2002-24 adopting the 2002 City of La Porte Parks and Open Space Master Plan. Director of Parks and Recreation Stephen Barr presented summary and recommendation and answered Council's questions. Assistant City Attorney read: RESOLUTION 2002-24 - A RESOLUTION ADOPTING THE "YEAR 2002 PARKS AND OPEN SPACE MASTER PLAN FOR THE CITY OF LA PORTE, TEXAS". City Council Minutes 4-22-02 — Page 3 Motion was made by Councilperson Griffiths to approve Resolution 2002-24 adopting the "Year 2002 Parks and Open Space Master Plan for the City of La Porte, Texas" presented by Mr. Barr. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Ebow, Porter, Clarke, and Malone Nays: None Abstain: None 9. Council considered approval or other action regarding Ordinance 2002-2549 for the purchase of the requested site from LPISD in the amount of $209,520.00. Director of Emergency Services Joe Sease presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2002-2549 — AN ORDINANCE APPROVING THE PURCHASE OF APPROXIMATELY 1.23966 ACRES OF LAND FROM THE LA PORTE INDEPENDENT SCHOOL DISTRICT, FOR THE RELOCATION OF FIRE STATION TWO; APPROPRIATING $209,520.00 FOR SAID PURCHASE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Engelken to approve Ordinance 2002-2549 as presented by Mr. Sease. Second by Councilperson Clarke. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Ebow, Porter, Clarke, and Malone Nays: None Abstain: None 10. Council considered approval or other action regarding Ordinance 1000-1-L and 1000-1-M on renewal of alcohol permits which amends the ordinance to include permits issued prior to the creation of Ordinance 1000-1. City Secretary Martha Gillett presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 1000-1— AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD. Motion was made by Councilperson Clarke to approve Ordinance 1000-1-L and 1000-1- M as presented by Mrs. Gillett. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Ebow, Porter, Clarke, and Malone Nays: None Abstain: None 11. Council considered approval or other action regarding an Ordinance 2002-2550 appointing Municipal Court Judge and Alternate Judges. City Council Minutes 4-22-02 — Page 4 Mayor Norman Malone presented summary and recommendation and answered Council's questions. Motion was made by Councilperson Sutherland to approve Ordinance 2002-2550 as presented by Mayor Malone. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Ebow, Porter, Clarke, and Malone Nays: None Abstain: None 12. Mayor Norman Malone administered the Oath of Office to Judge Louie Ditta. 13. Council considered approval or other action regarding City Council Meeting dates in May to be May 7 — Special Called Meeting to Declare Election Results, and May 20 - Special Called Meeting to Conduct Regular Business, and to cancel regularly scheduled Council Meetings of May 13 and May 27. City Manager Robert Herrera presented summary and recommendation and answered Council's questions. Motion was made by Councilperson Griffiths to approve changing Council Meeting dates in May as presented by Mr. Herrera. Second by Councilperson Porter. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Ebow, Porter, Clarke, and Malone Nays: None Abstain: None 14. Consent Agenda Council considered a consent agenda as follows: Award bid for annual contract to furnish sign material to Custom Products Corporation. Award bid for air conditioning/heating maintenance and repair contract to Bay Temperature Control. Motion was made by Councilperson Griffiths to approve Consent A eg nda. Second by Councilperson Porter. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Warren, Young, Ebow, Porter, Clarke, and Malone Nays: None Abstain: None 15. Administrative Reports City Manager Robert Herrera reminded Council of Sylvan Beach Day on Saturday, April 27, 2002 and General Election on Saturday, May 4, 2002. • 0 City Council Minutes 4-22-02 — Page 5 16. Council Comments Councilpersons Porter, Griffiths, Ebow, Engelken, Sutherland, Warren, Young, and Clarke bought items to Council's attention. 17. 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) There was no Executive Session. 19. Adjournment There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:25 p.m. Respectfully submitted, iGillett City Secretary Passed and approved on this the 7th day of May 2002. rman Malone, Mayor 0 0 Date: L1-'Z Z - o Z Name: Address: -- l '9 a (... City, State, Zip: Subject on which I wish to speak: Date: Name: ":,,-., Address: City, State, Zip: ^ i — Subject on which I wish to speak: • Agenda Date Requested: Requested By: Stephen L. Barr Department: Parks & Recreation COUNCIL AGENDA ITEM Appropriation Source of Funds: Find 015 Account Number: 015-9897.817 Amount Budgeted: Exhibits: Schedule of Proposed Changes Amount Requested: Exhibits: La Porte Park & Open Space Master Plan Bud eted Item• Exhibits: Council Resolution N/A SUMMARY & RECOMMENDATION Halff & Associates, in conjunction with staff, have completed work on the final draft of the City of La Porte Parks & Open Space Master Plan. The purpose of this public hearing is to receive comments from the public as well as Council regarding the plan. If approved, the Plan will be submitted to the Texas Parks & Wildlife Department so that the City may apply for future grant applications for park improvements. The Plan must be submitted to the Texas Parks & Wildlife Department by May 31, 2002, to be eligible for the upcoming grant cycle. The Plan will be an additional tool to be used in conjunction with the Comprehensive Plan Update, the Northside Plan, etc., to guide the City's planning efforts through the next several years. The staff at Halff and Associates have worked diligently to produce a good, comprehensive view of where we are, and where we should direct our future efforts in the area of parks and recreation facilities and opportunities to meet the needs of our citizens. Mr. Chip Perry of Halff & Associates is present tonight to make a summary presentation of the Plan and answer any questions Council may have. Staff has identified some additional corrections to the final draft that are included in your Council packets, which will be reviewed after Mr. Perry makes his summary report. Action Required by Council: Receive a summary report from Mr. Chip Perry of Halff Associates regarding the La Porte Park and Open Space Master Plan. Consider public input regarding the Plan. Consider a Resolution adopting the 2002 City of La Porte Parks and Open Space Master Plan. B a Date • • Parks & Open Space Master Plan Proposed Changes April 22, 2002 Chapter Page/Paragraph Resolution Heading Paragraph 7 Paragraph 8 Acknowledgement 1 2 1 4 2 1 / caption 2 3/ 3 2 4/ Table 6 8/ 5 6 17/ Bullet 2 C N. �7 Description remove reference to the Recovery ActionPlan remove reference to Exhibit 1; it is simply referring to the Plan itself change "ten yea►"to "multi -year" in the first sentence move City Manager under Council change word "should' to "may", Last sentence remove reference to Park Board Workshop in Public Involvement box, of Outline add word "shoreline" as in "90 yards of shoreline" delete sentence beginning with "The resulting loss..." Change "of to "for" in heading, Table 2.1 remove word "high" in sentence beg. w/ "Acquisition of open space... " Change "new senior citizen center' to "expanded senior citizen center' 19/ Bullet 1 Remove word "high" in sentence beg. w/ "The acquisition of land and the development..." 1/ 4 change word "completed' to "targeted", and the word "done" to "pursued" 11 3, 4, & 5 change word "completed" to "addressed" 1 / 4 change word "completed' to "pursued" 1 / 5 change word "completed" to "targeted" 0 RESOLUTION NO. A RESOLUTION ADOPTING THE YEAR 2002 PARKS AND OPEN SPACE MASTER PLAN FOR THE CITY OF LA PORTE, TEXAS WHEREAS, the City Council of the City of La Porte recognizes the need for a Year 2002 Parks and Open Space Master Plan ("the Plan') to provide goals, assessments, standards, recommendations and strategies for implementation over a ten year period in an effort to provide for and continually improve park and recreational facilities, provide trail and linear park opportunities, preserve open space in the City of La Porte; and rehabilitate existing parks, and WHEREAS, the primary objective of "the Plan" is to provide recreational services desired by citizens of La Porte, acquire needed open spaces and preserve natural resources, and WHEREAS, in order to address recreational needs in the future, the City of La Porte has sought input from the citizens of La Porte through surveys, meetings with key user groups, workshop meetings, public input meetings, and the Parks and Recreation staff; and that input has been incorporated into "the Plan"; and WHEREAS, "the Plan" complies with Texas Parks and Wildlife Department grant guidelines which require parks and recreation needs to be prioritized and addressed in an action plan format; and WHEREAS, "the "Plan" complies with guidelines of the Urban Parks and Recreation Recovery Action Program; and WHEREAS, the City Council determines that "the Plan" is reasonable, having taken into consideration the results of the studies conducted by Halff Associates for the City of La Porte; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: That the Year 2002 Parks and Open Space Master Plan for the City of La Porte, Texas, is hereby officially adopted, attached hereto and incorporated herein for all intents and purposes. A multi -year Action Plan has been developed to prioritize implementation of the Year 2002 Parks and Open Space Master Plan, guide the rehabilitation of existing parks, provide guidance in the application of General Obligation Bond funding, and suggest altemative funding mechanisms. Adoption of the Year 2002 Parks and Open Space Master Plan shall not commit the City of La Porte to specific funding levels implementation strategies, but shall provide a guidance plan for the City's vision for availability and growth of park and recreational services. PRESENTED AND PASSED on this the 22"d day of April 2002, by a vote of yeas, and _� nays at a regular meeting of the City Council of the City of La Porte, Texas. 'No&Qan Malone, Mayor, Cry of La Porte, Texas ATTEST: Date: MaGillett, City Secretary APPR ED AS TO FORM: .Date:. 2 Knox W. Askins, City Attorney l 0 • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 22, 2002 Requested By: J. L. Sease Department: Emergency Services Report: Resolution: Ordinance: X Exhibits: Site Map Exhibits: Appraisal Summary Exhibits: Ordinance Approving Purchase Appropriation Source of Funds: Capital Improvement Account Number: 015-9892-858-1100 Amount Budgeted: $200,000.00 Amount Requested: $209,520.00 Budgeted Item: X YES NO SUMMARY & RECOMMENDATION When the decision was made to move Fire Station Two west from its present location to improve response time to the area of Brookglen Subdivision, Fire Dept. Staff started searching for a suitable location. We approached LPISD about possibly selling a parcel of land from the Baker School site. This site has 300 feet of frontage on Spencer Highway and is 180 feet in depth and is the area where the unused tennis courts are. The City has had the land appraised, which is $209,520.00. The decision was made to attempt to purchase this site if the Bond Proposal to build a new Station Two was approved by the voters. The LPISD School Board has approved the sale of the property to the City of La Porte for the appraised value. Action Required by Council: Approve an ordinance for the purchase of the requested site from LPISD in the amount of Two Hundred and Nine Thousand Five Hundred and Twenty Dollars (209,520.00). �n Date ORDINANCE NO. 2002-�s49 AN ORDINANCE APPROVING THE PURCHASE OF APPROXIMATELY 1.23966 ACRES OF LAND FROM THE LA PORTE INDEPENDENT SCHOOL DISTRICT, FOR THE RELOCATION OF FIRE STATION TWOf APPROPRIATING $209,520.00 FOR SAID PURCHASEy MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECTy FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum not to exceed $209,520.00 from the City of La Porte Capital Improvement Fund Account No. 015-9892-858-1100 to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been 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. �J 0 ORDINANCE NO. 2002-9,5-4 / PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 22nd day of April, 2002. CITY OF LA PORTE By: A*,e- AIN rman L. Malone, Mayor ATTEST: Mart a A. Gillett, City Secretary Knox w. Asxins, City Attorney K., % STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: J COUNTY OF HARRIS § That FAIRMONT PARK JOINT VENTURE, a Texas partnership, successor to Fairmont Park Corporation, a Texas corporation, the said Fairmont Park Corporation being the Grantor in that certain Deed from Fairmont Park Corporation, Grantor, to La Porte Independent School District, Grantee, dated October 22, 1962, and recorded under Harris County Clerk's File No. B634663, for and in consideration of Ten Dollars ($10.00) cash and other good and valuable considerations, to said FAIRMONT PARK JOINT VENTURE in hand paid by the Grantee hereinafter named, the receipt of which is hereby acknowledged, has hereby cancelled, waived, and released, as to the following described real property, all of the stipulations, restrictions, covenants, conditions, easements, reservations, right of reverter, right of first refusal, and building setback lines, as contained in said conveyance, as to the following described real property, to -wit: That certain 1.240 acres (54,000 square feet), being out of a called 25.935 acre tract in the William M. Jones Survey, A-482, as more particularly described by metes and bounds on Exhibit "All attached hereto, incorporated by reference herein, and made a part hereof for all purposes. W102340 AGREEMENT 09/25/02 201888095 U102340 Grantor herein, FAIRMONT PARK JOINT VENTURE, and Grantee herein, the CITY OF LA PORTE, covenant and agree that the herein described 1.240 acre tract shall be used for a fire station and an emergency medical station, and for other like municipal purposes incident thereto, but for no other purpose. $15.00 0 It is expressly agreed that this instrument and the restrictions and conditions herein contained, shall constitute covenants running with the land, and shall inure to the benefit of and be binding upon, Grantor, FAIRMONT PARK JOINT VENTURE, and Grantee, the CITY OF LA PORTE, and their respective successors and assigns. WITNESS THE EXECUTION HEREOF, on this the 30th day of August, 2002. FAIRMONT PARK JOINT VENTUR By: v. Eddie V. Gray Trustee CITY OF LA PORTE By: Joh oerns /100"'Ac,klng City Manager ATTEST: IM rtha Gillett City Secretary APP O / Knox W. Askins City Attorney FILE FOR RECORD 8:00 AM SEP 2 5 2002 2 Cap+.. • , +`; , yT9xas 0 9 STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the __30_ day of (j , 2002, by EDDIE V. GRAY, Trustee of FAIRMONT PARK JOINT VENTURE, a Texas partnership, on behalf of said partnership. =MELISALOS of Texas pires STATE OF TEXAS § § COUNTY OF HARRIS § k,�� 1&/14,jD-, ota y ublic, State of Texas This instrument was acknowledged before me on the "'o day of �e'4, 2002, by JOHN JOERNS, Acting City Manager of the CITY OF EA, PORTE, a municipal corporation, on behalf of said corporation. ADDRESS OF GRANTEE: CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 AFTER RECORDING, RETURN TO: ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 RoEba y Publi , State of Texas 3 • 0 1.240 ACRES (54,000 SQUARE FEET) State of Texas County of Harris § WM. M. JONES SURVEY ABSTRACT NO. 482 Being a tract or parcel of land containing 1.240 acres (54,000 square feet), located in the WM. M. Jones Survey, Abstract No. 482, Harris County, Texas, being out of a certain called 25.935 acre tract of land described in deed from Fairmont Park Corporation to La Porte Independent School District, executed October 22, 1962, as filed for record under Harris County Clerk's File (HCCF) No. B634663 of the Official Public Records of Real Property of Harris County, Texas (OPRRPHCT). Said 1.240 acre tract being more particularly described by metes and bounds as follows: (Bearings herein are based upon the Plat of Fairmont Park West, Section One, as recorded in Volume 100 Page 25, of the Harris County Map Records (HCMR) BEGINNING at a 5/8-inch iron rod, with "Baseline Corp" cap, set for the northwesterly corner of the tract herein described, same being the common northeast corner of said called 22,450 square feet tract of land being further described in deed executed September 22, 1969 from Fairmont Foods Company to Morton A. Cohn as recorded under HCCF No. C992328 of said OPRRPHCT, said iron rod also being on the southerly right-of-way line of Spencer Highway (100 foot right-of-way); THENCE, East, along said southerly right-of-way line of Spencer Highway, a distance of 293.51 feet to a 5/8-inch iron rod, with "Baseline Corp" cap, set for the northeast corner of the herein described tract; THENCE, South 00 degrees 51 minutes 00 seconds East, departing the southerly right-of-way line of Spencer Highway, a distance of 184.11 feet to a drill hole with "X", set for the southeast corner of the herein described tract; THENCE, North 89 degrees 57 minutes 22 seconds West, along the face of the existing school building, a distance of 293.51 feet to a 5/8-inch iron rod, with "Baseline Corp" cap, found for the southwest corner of the herein described tract; THENCE, North 00 degrees 51 minutes 00 seconds West, along the aforesaid east line of the 22,450 square feet tract of land, a distance of 183.89 feet to the POINT OF BEGINNING, and containing 1.240 acres (54,000 square feet) of land. This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed September 11, 2002, and is on file in the office of Baseline Corporation, Houston, Texas, Job 1�02.042. September 11, 2002 CKT:bgb Job No.: 02.042 File: BLACAD\02042\WP\.1-240-ACRE-M&B-FIRE EXHIBIT RA" • ARY PR0YM HEREW MO RESTRICTS THE WE, REMTk DA USE OF THE DESCRIED AM PROPERTY SECIIAE OF COLOR OR RACE 6 Mu AND UHEHFORCEW LIM FEDEAAI NW. THE STATE OF TEXAS COUNTY OF HARRIS hP"Pht MN InpweA ws FICED'e FRe Hurbr Sq W0 a Pr dW rN M to Min dm W Ira by mg:W _ j* RECORDED. M #4O&W FWEe RKa4 &IRW FnP" a1Hrrb Coift Tmae SEP 2 5 2002 COUNTY CLERK * HARRIS COUNTY, TEXAS ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CHARLES R. HUBER, JR. B OARO CERTIFIED - CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION CLARK T. ASKINS October 3, 2002 Mr. Doug Kneupper Director of Planning City of La Porte City Hall La Porte, Texas Dear Doug: TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 RECEIVED OCT 0 4 2002 PLANNING DEPT. I am pleased to enclose herewith original recorded Agreement between Fairmont Park Joint Venture and the City of La Porte, releasing all of the stipulations, restrictions, covenants, conditions, easements, reservations, right of reverter, right of first refusal, and building setback line on the proposed City of La Porte fire station site which is being acquired from the La Porte Independent School District. This Agreement was recorded on September 25, 2002, under Harris County Clerk's File No. W102340. Please furnish a copy of this Agreement to the surveyor, so that he may note it on the legend of the survey, and then please furnish the original to Martha Gillett, City Secretary, to be placed in the City's permanent real estate records. Your v, y truly, Knox W. Askins City Attorney City of La Porte KWA:sw Enclosure CC: Mr. Joe Sease Director of Emergency Services City of La Porte Mr. John Joerns Acting City Manager City of La Porte Ms. Martha Gillett City Secretary City of La Porte y� 156i9O \�D Date: Grantor: Mailing Address: Grantee: Mailing Address: is 10/17/02 300866628 U156190 SPECIAL WARRANTY DEED October 3, 2002 LA PORTE INDEPENDENT SCHOOL DISTRICT 301 E. Fairmont Parkway, La Porte, TX 77571 CITY OF LA PORTE, a municipal corporation $13.00 604 West Fairmont Parkway, La Porte, TX 77571 Consideration:. Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): That certain 1.240 acres (54,000 square feet), being out of a called 25.935 acre tract in the William M. Jones Survey, A-482, as more particularly described by metes and bounds on Exhibit "A" attached hereto, incorporated by reference herein, and made a part hereof for all purposes. RESTRICTION: Grantor restricts the use of the herein conveyed property, for a fire station and an emergency medical station, and for other like municipal purposes incident thereto. FILE FOR RECORD 8:00 AM OCT 17 2002 County Clerk, Harris County, Texas Reservations from and Exception to Conveyance and Warranty: Taxes for the current year have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, by, through, or under Grantor, but not otherwise. When the context requires, singular nouns and pronouns include the plural. LA PORTE INDEPENDENT SCHOOL DISTRICT By: G� David Webb Assistant Superintendent for Business/CFO ATTES . Secretary STATE OF TEXAS § COUNTY OF HARRIS § instrument was acknowledged before me on the � day of 1671,&�tj , 2002, by David Webb, Assistant Superintendent for siness/CFO of La Porte Independent School istrict, on behalf of the District ;,. P. WILLIAMS 'i yr)tA?' rTEXAS �/ MY G�'tMtjtip;.EXPIRES Not r.a.* rv1Al I, coos Texas AN P. W11 LAMS Si?, t%i TEXAS CSSION EXPIRES MAY 31, 2005 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS & ARMSTRONG, P.C. ASKINS & ARMSTRONG, P.C. P.O. Box 1218 P.O. Box 1218 La Porte, TX 77572-1218 La Porte, TX 77572-1218 C� • 1.240 ACRES (54,000 SQUARE FEET) State of Texas WM. M. JONES SURVEY ABSTRACT NO. 482 County of Harris § Being a tract or parcel of land containing 1.240 acres (54,000 square feet), located in the WM. M. Jones Survey, Abstract No. 482, Harris County, Texas, being out of a certain called 25.935 acre tract of land described in deed from Fairmont Park Corporation to La Porte Independent School District, executed October 22, 1962, as filed for record under Harris County Clerk's File (HCCF) No. B634663 of the Official Public Records of Real Property of Harris County, Texas (OPRRPHCT). Said 1.240 acre tract being more particularly described by metes and bounds as follows: (Bearings herein are based upon the Plat of Fairmont Park West, Section One, as recorded in Volume 100 Page 25, of the Harris County Map Records (HCMR) BEGINNING at a 5/8-inch iron rod, with "Baseline Corp" cap, set for the northwesterly corner of the tract herein described, same being the common northeast corner of said called 22,450 square feet tract of land being further described in deed executed September 22, 1969 from Fairmont Foods Company to Morton A. Cohn as recorded under HCCF No. C992328 of said OPRRPHCT, said iron rod also being on the southerly right-of-way line of Spencer Highway (100 foot right-of-way); THENCE, East, along said southerly right-of-way line of Spencer Highway, a distance of 293.51 feet to a 5/8-inch iron rod, with "Baseline Corp" cap, set for the northeast corner of the herein described tract; THENCE, South 00 degrees 51 minutes 00 seconds East, departing the southerly right-of-way line of Spencer Highway, a distance of 184.11 feet to a drill hole with "X", set for the southeast corner of the herein described tract; THENCE, North 89 degrees 57 minutes 22 seconds West, along the face of the existing school building, a distance of 293.51 feet to a 5/8-inch iron rod, with "Baseline Corp" cap, found for the southwest corner of the herein described tract; THENCE, North 00 degrees 51 minutes 00 seconds West, along the aforesaid east line of the 22,450 square feet tract of land, a distance of 183.89 feet to the POINT OF BEGINNING, and containing 1.240-acres (54,000 square feet) of land. This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed September 11, 2002, and is on file in the office of Baseline Corporation, Houston, Texas, Job_l R,,02.042. September 11, 2002 CKr:bgb Job No.: 02.042 File: BLACAD\02042\WP\1-240-ACRE-M&B-FIRE EXHIBIT "All ANT' PRON ON MENEM WI 01 RESTRICTS THE SALE, RENTAL OR USE OF THE IIESgM REAL PROPEIM BECAUSE OF COLOR OR RACE 6 NVAUD AND UNENFORCEABLE Ln R FEM LAW. THE STATE OF TEXAS COUNTY OF HARRUB Itw*=YTitiSieiw AwvmFIEO'nFNMp*wSoqurcomSrMandIthWAN sW#W ieeoae h M; wl m M' RECORDED M BM OfW Pock Rico* d Red P"" d Heal Cohn Tm m OCT 17 2002 COUNTY CLERK * HARRIS COUNTY, TEXA4 WIL619 • STATE OF TEXAS § COUNTY OF HARRIS § LA PORTE INDEPENDENT § SCHOOL DISTRICT § i 10/17/02 30086M 0156191 $13.00 BOARD SECRETARY'S CERTIFICATE I hereby certify that the attached and foregoing is a true and correct copy of Resolution No. 2002- , passed and approved by the Board of Trustees of the La Porte Independent School District .V� at a Board meeting held on the 5th day of March, 2002, and at which )'A.Z J meeting a majority of the Board of Trustees was present and voted in favor of the passage of said Resolution, and notice of which meeting was property posted according to law, prior to the date of such meeting, as said Resolution appears on the record in the minutes of said meeting. 9� To certify which, witness my hand and Seal of Office, this �S day of October, 2002. Jp'an P. Williams Secretary Board of Trustees FILE FOR RECORD a. OCT 17 2002 `ianis County, Texgs OOU* 0 • RESOLUTION NO. 2002- A RESOLUTION AUTHORIZING AND APPROVING THE SALE OF 1.240 ACRES OF LAND TO THE CITY OF LA PORTE, FOR A CONSIDERATION OF $209,520.001 AUTHORIZING EXECUTION OF A SPECIAL WARRANTY DEEDI FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWy AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE LA PORTE INDEPENDENT SCHOOL DISTRICT: 1. The Board of Trustees of the La Porte Independent School District hereby authorizes and approves the sale of 1.240 acres of land more particularly described on Exhibit "A" attached hereto, incorporated by reference herein and made a part hereof for all purposes, to the City of La Porte, for a consideration of $209,520.00, for the construction of a fire station. The Board of Trustees authorizes the Assistant Superintendent for Business/CFO to execute and the Secretary to attest, the Special Warranty Deed in form attached hereto, and any and all other necessary documents to complete the conveyance. 2. The Board of Trustees officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the Board of Trustees was posted at a place convenient to the public at the Administration Building Hall and at the Business Office Annex 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 Resolution and the subject matter thereof has been discussed, considered and formally acted upon. The Board of Trustees further ratifies, approves and confirms such written notice and the contents and posting thereof. 0 • PASSED AND APPROVED this 5th day of March, 2002. ATTES'Ty' ` Secr ry Board of Trustees AFTER RECORDING, RETURN TO: ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 LA PORTE INDEP NDENT SCHOOL DISTRICT By: ' President Board of Trustees ►�MOSM cob OR R I�NKSACIE�REN�T�94 L". THE STATE OF TEXAS COUNTY OF HARRIS ��ptlxi� IhmDwx*tdtoYa owiwmFLED inFieROW SGWM *,,W humby me; and wec doh RECORDED.IN the Offi e' Yobk Rw& d RW Pmp" el Memo CaftTemeon OCT 17 2002 OCOUNTY CLERK * HARRIS COUNTY, TEXAS 2 0 0 KNOX W. ASKINS JOHN D. ARMSTRONG CHARLES R. HUBER, JR. BOARD CERTIFIED - CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION CLARK T. ASKINS November 4, 2002 Ms. Martha Gillett City Secretary City of La Porte City Hall La Porte, Texas ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE, TEXAS 77572-1218 TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 1 TMC TL NOV 0 0 2002 P, Re: Fire Station Site on Baker School Campus Dear Martha: I enclose herewith the following original documents, to be placed in the City's permanent real estate files: 1. Special Warranty Deed from the La Porte Independent School District to the City of La Porte, dated October 3, 2002, which was recorded on October 17, 2002, in the Harris County Clerk's office under Harris County Clerk's file No. W156190; and 2. Certified copy of Resolution of La Porte Independent School District Board of Trustees, dated March 5, 2002, which was recorded on October 17, 2002, in the Harris County Clerk's office under Harris County Clerk's file No. W156191. By copy of this letter, I am furnishing copies of these instruments to the persons shown below. I am requesting Doug Kneupper to furnish a copy of the deed to the surveyor. I am requesting Kathy Powell to obtain a copy of the survey from Doug Kneupper, and notify HCAD of this purchase, and place the property on the HCAD rolls in the City's name, as exempt from taxation. Yours very truly, Knox W. Askins City Attorney City of La Porte KWA:sw Enclosures CC: Mr. John Joerns Acting City Manager City of La Porte • AS&S & ARMSTRONG, P. C. ATTORNEYS AT LAW Ms. Martha Gillett November 4, 2002 Page 2 CC: Mr. Doug Kneupper Director of Planning City of La Porte Mr. Joe Sease Director of Emergency Services City of La Porte Ms. Kathy Powell Tax Assessor/Collector City of La Porte Ms. Jean Williams LPISD 301 E. Fairmont Parkway La Porte, TX 77571 a 26.9 26.8 SPE 6.9 ) o= N t Parking 26 8 d -27 �� aI N 18It.RCP \ N c ` ennis Counts / �1- • I Parking Y. 264' 24RCP 8 � 26.2 s �q 26 26 I � o � I n ® i 268 I , � I 25.9 �� Foot Ball Field 24 RCP I --27 I I 26.8 Parking MATCH SHEET D-10 SCALE IN FEET 100 50 0 100 200 300 CONTOUR INTERVAL 2 FEET WITH SUPPLEMENTARY CONTOURS AT i FOOT r= Z DATE OF PHOTQ)GRAPHY: APRIL 1980 a 5 0 15 Site and Improvement Analysis o� W C WEST MAIN STREET PROP. FIRE STATION 2 SUE Subject nM 4DRICKS ROAD SWR JOUNIOR HIGH _o. a . 0 0 3 s W 0 Size, Shape and Frontage The subject is estimated to contain approximately 1.23966 acres and has a rectangular configuration with 300 feet of frontage along the south line of Spencer Highway and 180 feet of depth. Linkages Primary access to the site is provided by Spencer Highway, which traverses the neighborhood in an east/west fashion. This roadway connects to other primary roadways in the area such as State Highway 146 to the east and Beltway 8 (The Sam Houston KALE: 1' = 300' Executive Summary Location: Approximately 400 feet east of the southeast corner of the intersection of Spencer Highway and Underwood Road. Key Map Page: 539W Land Area: 54,000 square feet or 1.24 acres Flood Plain: X (no shading) areas out of the 100-year flood plain Improvements Old tennis courts of no contributory value. Highest and Best Use: Retail Market Value ------------------------------------------------- $2099520 Date of the Appraisal :........................ April 6, 2001 Date of the Report: ........................... April 15, 2001 Appraiser: James McFeron State Certified General Real Estate Appraiser Certificate No. TX-1321741-G -+ City of La Porte Established 1892 TEXAS February 13, 2002 Dr. John Sawyer Superintendent La Porte Independent School District 301 E. Fairmont Parkway LaPorte, Texas 77571 Re: Land Acquisition for Relocation of Fire Station Dear Dr. Sawyer: Over the past several months I have expressed the City's interest in purchasing LPISD owned property located approximately 400 ft. east of the southeast comer of the intersection of Spencer Highway and Underwood Road for the possible building of a new fire station. We both agreed in principle that the sale of land to the City for a new station at this location made sense. We also agreed that the City should have the site appraised. On February 2, the voters of La Porte approved bond funds to finance several needed projects including a new fire station. My council is prepared to move forward with acquisition of this property and has authorized me to offer the school district $209,520 for this property based on an appraisal performed by Consolidated Appraisal Services, Inc. The property is approximately 1.24 Ac and situated in the W.M. Jones Survey, Abstract 482. I am hopeful you will support this venture and encourage your board to support the City's acquisition of the desired site. I await your reply and wish to thank you for your cooperation on this matter. Please do not hesitate to call upon me if you require additional information. Sincerely, Robert T. Herrera City Manager RTH/cns c: Mayor and City Council 604 W. Fairmont Pkwy. • La Porte, Texas 77571 • (281) 471-5020 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 04-22-02 n Requested By: 1� Martha A_ Gillett Department: City Secretar}s Affice Report: Resolution: Ordinance: X Exhibits: Ordinances Exhibits: Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Amending these two Ordinances will approve two (2) alcohol permits that were in existence prior to the passage of Ordinance 1000-1. This is an ongoing effort to amend Ordinance 1000-1 to include all alcohol permits for this category. Permits are issued to: El Toro Mexican Restaurant Barry's Feedlot Action Required by Council: Approve Ordinances on renewal of alcohol permits which amends the ordinance to include permits issued prior to the creation of Ordinance 1000-1. Date ORDINANCE NO. 1000-1- AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTHER PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of La Porte has, in Chapter 6 of the Code of Ordinances of the City of La Porte, regulated the location, closing hours, and sale of wine and/or beer on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.31 et seq; and WHEREAS, the Code of Ordinances of the City of La Porte expressly limits the locations at which wine and/or beer may be sold in the City, and further expressly identifies the names of establishments and permit holders authorized to sell wine and/or beer under the terms of said Code; and WHEREAS, a new applicant desires to sell wine and/or beer at a location not previously permitted in the Chapter 6 of the Code of Ordinances of the City of La Porte; and WHEREAS, the City has, pursuant to the terms of said Code, made its investigation to ascertain whether said new applicant has qualified for a beer and/or wine permit from the City; and WHEREAS, the City has determined that the new applicant qualifies for a beer and/or wine permit from the City; • Ordinance No. 1000-1-t Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 6, Section 6-78 of the Code of Ordinances of the City of La Porte is hereby amended by granting a new permit for the operation of a restaurant, as defined in said Code, at the following location, which permit shall be personal to the applicant, and non -transferable, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local laws and ordinances, including other provisions of this ordinance and the Code of Ordinances of the City of La Porte; STREET ADDRESS OF PROPERTY: 8200 Spencer Hwy., La Porte, Harris County, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: TR 17M, (020*TR Al Brookglen Reserve A) of the W. M. Jones survey, Town of La Porte, Harris County, TX PROPERTY OWNER: Dairy Queen Inv. Inc. #314, Bill Henderson Co., Inc., P. O. Box 861168, Plano, TX 75086 NAME OF APPLICANT: Bill Henderson Co., Inc. (Wai Ping Yuen) ADDRESS OF APPLICANT: 8200 Spencer Hwy., La Porte, Texas 77571 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Barry's Feedlot Section 2. It is the intent of the City Council of the City of La Porte that this Ordinance merely permit the sale of wine and/or beer during the hours set by the general laws of the State of Texas by retailers selling wine and/or beer for consumption on premises at the locations established in Section 1 of this Ordinance. This Ordinance is not an attempt to create zoning or other land use rights in property owners at said location, such that the provisions of Chapter 106 of the Code of Ordinances of the City of La Porte, the City of La Porte Zoning Ordinance, together with all amendments thereto (as such provisions impose standards on premises or businesses within the City of La Porte, regardless of whether such business or premises are required to have a Ordinance No. 1000-1- 11 Page 3 license or permit under the Texas Alcoholic Beverage Code) govern and supersede the provisions of this Ordinance, in the event of a conflict between this Ordinance and the provisions of the Zoning Ordinance and amendments thereto. This application for wine and/or beer for consumption on premises shall be subject to the provisions of: a. The Texas Alcoholic Beverage Code; b. Chapter 6 of the Code of Ordinances of the City of La Porte; c. This Ordinance insofar as this Ordinance does not conflict with the provisions of the Texas Alcoholic Beverage Code; and d. The Zoning Ordinance of the City of La Porte, and all amendments thereto, as such provision apply to all businesses within the City of La Porte, regardless of whether or not such businesses are required to obtain a license or permit under the provisions of the Texas Alcoholic Beverage Code. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all Ordinance No. 1000-Al Page 4 times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from the date of its passage and approval, and it is so ordered. 4 PASSED AND APPROVED this the � day of , 2002. CITY OF LA PORTE Norman L. Malone, Mayor ATTEST: AMaillett, 2ZJL&- City Secretary APPROV 0 0 ORDINANCE NO. 1000-1-_ AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTHER PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of La Porte has, in Chapter 6 of the Code of Ordinances of the City of La Porte, regulated the location, closing hours, and sale of wine and/or beer on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.31 et seq; and WHEREAS, the Code of Ordinances of the City of La Porte expressly limits the locations at which wine and/or beer may be sold in the City, and further expressly identifies the names of establishments and permit holders authorized to sell wine and/or beer under the terms of said Code; and WHEREAS, a new applicant desires to sell wine and/or beer at a location not previously permitted in the Chapter 6 of the Code of Ordinances of the City of La Porte; and WHEREAS, the City has, pursuant to the terms of said Code, made its investigation to ascertain whether said new applicant has qualified for a beer and/or wine permit from the City; and WHEREAS, the City has determined that the new applicant qualifies for a beer and/or wine permit from the City; • Ordinance No. 1000-1- Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 6, Section 6-78 of the Code of Ordinances of the City of La Porte is hereby amended by granting a new permit for the operation of a restaurant, as defined in said Code, at the following location, which permit shall be personal to the applicant, and non -transferable, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local laws and ordinances, including other provisions of this ordinance and the Code of Ordinances of the City of La Porte; STREET ADDRESS OF PROPERTY: 616 W. Main St., La Porte, Harris County, Texas LEGAL DESCRIPTION OF PROPERTY: LTS 11 thru 15, BLK 55, Town of La Porte, Harris County, TX PROPERTY OWNER: LT Mexican Restaurant, Inc., d/b/a El Toro Mexican Restaurant, 7529 Bayway Dr., Baytown, TX 77520-1309 NAME OF APPLICANT: Eugene Ybarra ADDRESS OF APPLICANT: 312 South 151h St., La Porte, TX 77571 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: El Toro Restaurant Section 2. It is the intent of the City Council of the City of La Porte that this Ordinance merely permit the sale of wine and/or beer during the hours set by the general laws of the State of Texas by retailers selling wine and/or beer for consumption on premises at the locations established in Section 1 of this Ordinance. This Ordinance is not an attempt to create zoning or other land use rights in property owners at said location, such that the provisions of Chapter 106 of the Code of Ordinances of the City of La Porte, the City of La Porte Zoning Ordinance, together with all amendments thereto (as such provisions impose standards on premises or businesses within the City of La Porte, regardless of whether such business or premises are required to have a • Ordinance No. 1000-1- Page 3 license or permit under the Texas Alcoholic Beverage Code) govern and supersede the provisions of this Ordinance, in the event of a conflict between this Ordinance and the provisions of the Zoning Ordinance and amendments thereto. This application for wine and/or beer for consumption on premises shall be subject to the provisions of: a. The Texas Alcoholic Beverage Code; b. Chapter 6 of the Code of Ordinances of the City of La Porte; c. This Ordinance insofar as this Ordinance does not conflict with the provisions of the Texas Alcoholic Beverage Code; and d. The Zoning Ordinance of the City of La Porte, and all amendments thereto, as such provision apply to all businesses within the City of La Porte, regardless of whether or not such businesses are required to obtain a license or permit under the provisions of the Texas Alcoholic Beverage Code. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all • Ordinance No. 1000-1- Page 4 times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from the date of its passage and approval, and it is so ordered. PASSED AND APPROVED this the day of , 2002. ATTEST: i CITY OF LA PORTE • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 04-22-02 1-0 Requested By: Norman i. nyor Department: Mayor and City Council Report: Resolution: Ordinance: X Exhibits: Ordinance Exhibits: Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Due to the recent resignation of Judge J.B. Williamson, it is necessary to replace the Municipal Court Judge and appoint Alternate Judges. Action Required by Council: Approve Ordinance appointing Municipal Court Judge and Alternate Judges. Approved for City Council Agenda l 9 A,; Date ORDINANCE NO. 2002-ASV AN ORDINANCE APPOINTING A JUDGE AND ALTERNATE JUDGES OF THE CITY OF LA PORTE MUNICIPAL COURTI PROVIDING A SEVERABILITY CLAUSEy CONTAINING A REPEALING CLAUSEI FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWI CONTAINING A REPEALING CLAUSEy 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 appoints Louie A. Ditta as Judge of the Municipal Court. Section 2. The City Council of the City of La Porte hereby appoints Denise C. Mitrano as Alternate Judge of the Municipal Court. Section 3. The City Council of the City of La Porte hereby appoints Thomas G. Richey as Alternate Judge of the Municipal Court. Section 4. All of the above appointees shall serve at the pleasure of City Council, and shall receive compensation as may be fixed by City Council. Section S. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 6. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. • • Section 7. 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 8. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 9. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 22nd day of April, 2002. ATTEST: mattha A. Gillett City Secretary APP ED : ,?/, Knox W. Askins City Attorney CITY F LA PORTE By: o an Malone Mayor 2 • C� PERSONAL: EDUCATION: ATTORNEY AT LAW 1807 WINTER KNOLL WAY HOUSTON, TEXAS 77062 Office: (281)-461-7812 Fax: (281)-486-5159 Wife: Renee Ditta Children: Mackenzie, 5 Madison, 4 Macey 2 1992 - Doctor of Jurisprudence; South Texas College of Law 1987 — BA — Economics; University of Texas PROFESSIONAL: 1997 — Present Harris County Justice of the Peace 8-2 Co -presiding Judge for Harris County Justices of the Peace Chairman of the Justice Court Technology Committee Vice -Chairman — State Judicial Education Committee 1995 —1997 Associate Municipal Judge — City of Pasadena 1995 —1997 Private Law Practice 1987 —1995 Staff Attorney — Administrative Assistant Harris County Commissioner Jim Fonteno — Precinct Two Received the second most outstanding rating on the Houston Bar Association Judicial Evaluation Poll for Justices of the Peace Present and Past Professional and Community Involvement State Bar of Texas Houston Bar Association Member College of the State Bar of Texas — former member Texas Municipal Courts Association Southeast Economic Development Council — Board of Directors LaPorte Bayshore Chamber of Commerce - member Texas Chiropractic College — Board of Regents Clear Creek Education Foundation — Board of Directors University of Houston Clear Laker D & A Council Board of Directors Texas Justice of the Peace & Constable Assoc. —Vice -Chair Education Committee East Harris County Senior Citizens — Board of Director Pasadena Chamber of Commerce — Former Board of Director American Red Cross — Former Board of Director Pasadena Rotary Club — Paul Harris Fellow — Former Board of Director Deer Park Chamber of Commerc_7 — Former Board of Director YMCA Board of Director 0 • Judge Louie Ditta received the second most outstanding rating on the Houston Bar Association Judicial Evaluation Poll for Justices of the Peace. Ratings are based upon a judges consistency in following the law, ability to rule decisively and timely, their courtesy and attentiveness towards witnesses, demonstration of impartiality without regard to contributions, race, gender or other bias, the judge's work ethic and efficiency and preparation for court. • 60 % increase in fine collection since assuming office with no significant caseload increases. 1998 $ 1.1 million collected 2001 $1.7 million collected • 150 % increase in the collection of restitution for criminal offenses. 1998 $ 59,239 collected 2001 $150,000+ collected • 1999 - 2000 — Lowest number of Sick Days used by employees out of any department in Harris County. Consistently among the lowest of Harris County Departments for the past 4 years. • Sound fiscal management with budget surpluses returned to the General Fund every year. Year Budzet Surplus 1998 $ 41,436 1999 $ 78,939 2000 $ 41,840 2001 $ 49,000 • Assembled and screened a variety of Social Service programs provided by both public and private agencies to offer rehabilitative services for troubled youth. The Court currently offers services in cooperation with over 30 different programs throughout Southeast Harris County. • Developed an automated case management system for juvenile offenders to allow for efficient and accurate monitoring of court ordered services and fee collection. • One of few Justice Courts that offer extended hours each day to allow for court business to be taken care of after normal work hours . Monday — Friday 8:00 am. — 8:00 pm. • Developed and implemented a plan for technological efficiencies that has reduced the time spent in court for most Class C offenders while providing the public with more accurate and reliable information pertaining to their individual situations. • As chair of the Justice Court Technology Committee for the past two years, Judge Ditta coordinated the plan for online court access. Plan is currently in final stages and should allow for court business to be conducted online by June 2002. J U S T 1 J t -. -, " - N A. - Judge Louie Ditta Justice of the Peace Precinct 8, Place 2 VOLUME 1 ,ISSUE ] NOVEMBER 2001 JUDGE LOUIE DMA Harris County Justice of the Peace 8-2 **************** Civil Jurisdiction 281-488-7583 Monday - Friday 8am - 5pm • Civil Suits • Proceedings to Enforce Deed Restrictions • Forcible Entry and Detainer Actions • Landlord / Tenant Disputes • Small Claims Suits Involving up to $5,000 Criminal Jurisdiction 281-486-9713 Monday - Friday 8am - 8pm • Traffic Violations • Issuance of Bad Checks • Truancy / School .Violations • Class C Misdemeanors • Juvenile Offenses • Alcohol/Tolb cco Violations JUDGE LOUIE DITTA EARNS SECOND MOST OUTSTANDING RATING OUT OF 16 RABBIS COUNTY JUSTICE COURTS In the 2001 Judicial Evaluation poll, released in July 2001, the Houston Bar Association rated Judge Louie Ditta with the second most outstanding rating of the 16 Harris County Justice Courts. The Precinct 8 Court is located in the Clear Lake area and serves the communities of Clear Lake, Pasadena, Deer Park, LaPorte, Seabrook, Nassau Bay, Taylor Lake Village, El Lago, Webster, Shoreacres and parts of Houston. The Houston Bar Judicial Evaluation, which has "?his is a reflection of a great staff that is dedicated to serving the needs of the pu6Cic. " been conducted for several years, requests members to evaluate the performance of each Harris County Judge on several factors. Judges are evaluated on their consistency in following the law, ability to rule decisively and timely, their courtesy and attentiveness towards witnesses, their demonstration of impartiality without regard to party contributions, race, gender or other bias, the use of attorneys time and the judge's work ethic and preparation in court. In addition, each judge is given an overall rating. The most outstanding ratings were given to Judge David Patronella in the Downtown Criminal Justice Center followed by Judge Louie Ditta. Judge Ditta has served as Justice of the Peace in Precinct 8 since 1997 and the 2001 rating is the highest rating the Court has received. "This is a reflection of a great staff that is dedicated to serving the needs of the public", Judge Ditta said. "We have committed ourselves to operating a fair and efficient court that is courteous and effective." "I am proud and thankful that the Houston Bar Association has recognized the efforts of the dedicated employees that serve the Precinct 8 Justice Court," he said. Complete results can be found by selecting poll results at www.hba.org. Justice Court Produces 150% Increase in the Collection of Restitution 2001 Projection to Exceed $150,000 Returned to Local Businesses Under the direction of presiding Judge Louie Ditta, the Precinct i, 8-2 Justice Court has increased the restitution collected on insufficient checks L�J by over 150%. The issuance of insufficient checks continues to be a concern within the business community. This criminal offense has a dramatic impact on the cost of doing business and affects the price of goods and services for all consumers. "In furtherance of our duties as your Justice Court, we strive to assist the community in the collection of restitution for the damages suffered in relation to criminal offenses," Judge Ditta stated. Although insufficient check filings have remained .relatively steady over the last 4 years at about 2,000 filings per year, the court has significantly increased the amount of restitution collected. In 1998, the Court received 2004 filings for the offense of insufficient checks and collected $59,239.00 in restitution. This year, the court is on pace to receive 2034 filings and should collect in excess of $150,000.00 on behalf of local merchants. Information packets for filing insufficient check charges are available upon request. For more information about filing insufficient check charges, you may contact Tracey Rushing, Check Department Coordinator, at 281-486-9713 ext. 21. Tracey J. Rushing _ JUSTICE JOURNAL r M Juvenile Crime Up 54 % for Current School Year The number of Juvenile Offenses being filed before Judge Louie Ditta is up 54% for the current school year compared to the same period last school year. Since classes began in August, through mid -November, the Court has received 234 non -traffic related filings on Juvenile offenders. This category of Juvenile Offenses includes but is not limited to Driving under the Influence of Alcohol, Minor in Possession of Alcohol, Tobacco or Drug Paraphernalia, Disorderly Conduct for fighting or use of Abusive Language, Assault, Disruption of School, Failure to attend School and Theft as well as many other Class C offenses. If the offender is found guilty of the offense, the court requires the offender to comply with several conditions of punishment. In addition to paying fines, costs of court and performing community service, the offender may be required to attend various counseling programs for drug or alcohol use, anger management or psychological counseling. Offenders may also be ordered to attend a "Prison Outreach" program where they learn first hand the stories of individuals who have taken the wrong path. The "Prison Outreach" program is designed to inform young offenders of the consequences that face those who fail to abide by the law. The Court also requires offenders to submit written essays on subjects relating to the offenses charged and to submit proof of written apologies given to teachers and school personnel that may have been affected by the offense. "The essays and apology letters requires the offender to reflect on what they have done wrong", said Judge Ditta. "It is my desire to affect a change of heart in the lives of these young offenders", he stated, "when that happens, it will affect a change in their behavior." If a juvenile offender fails to comply with the conditions ordered by the Court, a bench warrant may be issued for the offender to be brought before the Court. The offender could be held in contempt of.a court order and referred to the Juvenile Courts for further disposition. In addition, the offender may have their driver's license suspended or the Court may prohibit them from obtaining a drivers license until they have fully complied with the Court's order. If you have any questions or concerns regarding juvenile justice or the various referral programs available, you may contact the Court's Juvenile Coordinators Teresa Pavlicek and Jeanette McClure at 281- 486-9713 extensions 20 or 24. Teresa Pavlicek & Jeanette McClure Judge Louie Ditta teams up with Harris County Agencies to provide assistance for Parents and Families. of Troubled Children New TRIAD Court Liaison assigned to Precinct 8 Justice Court Jacqueline St. Julian -Duke has been assigned to the Precinct 8 Justice Court to provide assistance and guidance to the families of troubled children. She replaces Jeff Alexander, who has served in this role in Judge Ditta's Court since August 1999. In a cooperative effort with Harris County Children's Protective Services, Harris County Mental Health and Mental Retardation and the Harris County Juvenile Probation Department, the Precinct 8 Justice Court TRIAD Liaison is available to the families of Harris County to offer guidance and assistance with the various services available for dealing with their children. The services provided include Crisis Intervention, Agency Referral and follow-up, Individual and Family Therapy, Home Based Therapy, Mental Health Evaluations and Training and Educational Programs. The TRIAD Prevention Program was established in 1998 to intervene in a juvenile's behavior before they reached the point of entering the formal Juvenile Justice System. The partner agencies believe that by providing support and services to at -risk families through early intervention, families could work together to prevent delinquent behavior. This family - friendly approach provides the tools they need to get back on track. "Since it's inception, this program has several success stories," Judge Ditta said. "The key to deterring juvenile delinquency is early intervention" he stated. "This program has helped many families throughout Harris County to work through their issues and avoid the path through the courts." The TRIAD services are available to everyone within Harris County regardless of whether criminal charges have been filed. If you have questions about the TRIAD program or would like to schedule an appointment with the TRIAD Court Liaison, you may contact Jeff Alexander at 281-486-9713 ext. 37 or Jacqueline St. Julian -Duke 281-481-9630. • JUSTICE JOURNAL a 14W low DEED RESTRICTION ENFORCEMENT Texas Legislature Adopts Residential Property Owners Protection Act Over the last several years, Justice Courts have seen an increase' in the number of Deed Restriction Enforcement actions being filed, mostly as a result of increased development of restricted communities as well as the natural aging of many restricted neighborhoods. In response to a recent controversial case and concern regarding the authority of Homeowner Associations, The !, Texas Legislature passed the Residential Property Owners Protection Act in the 2001 Legislative session. The Act makes significant changes to the procedural process for deed restriction' enforcement including the requirement of notifying an owner by certified mail, describing the violation and giving the owner at least 30 days to cure the violation. In addition, the Act gives a property owner a right to request a hearing before the Board of the Homeowners Association which must be held before a suit can be filed. The complete text of the Residential Property Owners Protection Act is located in Chapter 209 of the Texas Property Code. A complete listing of all Texas Statutes can be found under the caption Legislative Resources at www.capitol.state.tx.us. _ A Administrative Assistant to Judge Louie Ditta (281) 488-7583, ext 16 Justice Journal Volume 1, Issue 1 November 2001 Published By: Judge Louie Ditta Justice of the Peace Precinct 8, Place 2 Edited By: Tracey J. Rushing STAFF Angela Allen Noel Benedetto Judy Ghormley Sandy Jones Beth Kessler Pam Manning Maria Montano Jeanette McClure Susan Pacifico Teresa Pavlicek Mitzi Perez Tara Reese Jomarie Rodriquez Tracey Rushing Sandy Jones � 3 YOUR JUSTICE COURT - YOUR TAX DOLLARS AT WORK FINANCIAL PERFORMANCE REPORT JUSTICE COURT BUDGET ANALYSIS Budget Budget End of Year Year Allocation -Surplus' 1998 $ 647,643 $ 41,436 1999 $ 727,757 $ 78,939 2000 $ 729,370 $ 41,840 1 The end of year Budget Surplus is returned to the Harris County General Fund for reallocation COURT REVENUE REPORT BUDGET YEAR ANNUAL % REVENUE INCREASE 1998 $ 1,153,490 1999 $ 1,369,884 + 18.8 % 2000 $ 1,622,851 + 18.5 % 3 JUDGE LOUIE DITTA Justice of the Peace Precinct 8, Place 2 16603 Buccaneer Ln. Houston, Texas 77062 Mailing Address Goes Here PUT YOUR CLEAR LAKE COURTHOUSE TO WORK FOR YOU HARRTS COUNTY COURTHOUSE CLEAR LAKE ANNEX PRSRT STD U.S. Postage PAID Houston, Tx Permit #1619 Judge Louie Ditta - Justice of the Peace (281) 488-8780 Commissioner Jim Fonteno (281) 488-4678 Paul Bettencourt - Tax Assessor (713) 368-2000 Sheriff Tommy Thomas (281)488-4717 Beverly Kaufman - Harris County Clerk (281)486-7250 Constable Bill Bailey (281)488-4040 Freeman Memorial Branch Library (281) 488-1906 PUT YOUR CLEAR LAKE COURTHOUSE TO WORK FOR YOU OATH OF OFFICE I, Louie A. Ditta , do solemnly swear (or affirm), that I will faithfull execute the duties of the office of Municipal Courf Judge , of the City of LaPorte, State of Texas, and will to the best of my ability to preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. Swto nd subscribe before me this th� day ofor Nota y Public in and for the State of Texas �Innnuunnnnliiiinnililiiiilnnnnnnin MARTHA GILLETTE * NOTARY PUBLIC STATE OF TEXAS Comm. Ex I71111111111111111111!11111111111111111 11) I/BI 11111 Statement- of Appointed Officer i. Louie A. Di tta , do solemnly swear for affirm). t1w.1 have not directly or indirectly Paid. offered. promised to Pay, contributed. or Promised to contribute any money or thing of value, or Promised any Public office or employment. as a reward fo secure my appointment or confirmation tbereof. so help the God. Signature / Judge of the Municipal Court Office to Which f wolnted La Porte/Harris City and/or Counfy SWORN TO and subscribed before me by afflant on this 71de day of n • • OATH OF OFFICE I, Denise C. Mi trano , do solemnly swear (or affirm), that I wil1 faithfully ex cute the duties of the office of Al ternate Mun1 ci pal Court Judge , of the City of La Porte, State of Texas, and will to the best of my ability to preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. Sworn to and subscribed before me this the day of Notary Public in and for the State of Texas �J I q E111�► Statement- of Appointed Officer I. Denise C. Mi trano , do solemnly swear for affirm), time I bwe not directly • or Indlredly Paid. offered. promised to Pay. contributed. or promised to contribute any money or thing of valise. or Pnxnlsed any Public office or employment. as a reward to secure my appointment or confirmation ibereof, so help tyro God. Afilant's 8lgnature Alternate Judge of the Municipal Court Office to which AmInted La Porte/Harris City and/or County 1 SWORN TO and subwlhed before me by aff lant on this day of , 19 sipxtnfo of P=ou Admidvalit Oeth Primed Name We OATH OF OFFICE I, Thomas G. Richey , do solemnly swear (or affirm) , that I will faithfully, execute the duties of the office of Alternate Municipal Court Judge , of the City of La Porte, State of Texas, and will to the best of my ability to preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. Sworn to and subscribed before me this the day of Notary Public in and for the State of Texas Statement- of Appointed Officer I, Thomas G. Richey , do aoleinnly eweer for affirml. tl►at I bwe not directly or Indlregly Paid. offered. promised to Pay, contributed. or promised to contribute any money or thing of Woe. or Protnlsed any Pt*k office or employment. as a reward to secure my appointment or cAntirmatlon ibereof. so help the God. Aftlant's Signature Alternate Judge of the Municipal Court Office to Which AvPointed La Porte/Harris City and/or County SWORN TO and subscrihed before me by all lant on this day of ' t9 Signxturo of Pagon Admit aahig Oath Printed Name 0 • MAY MEETING DATES May 7 — Special Called Meeting to Declare Election Results May 13 — Cancel Regular Scheduled Meeting May 20 — Special Called Meeting to Conduct Regular Business May 27 — Cancel Regular Scheduled Meeting Due to Memorial Day 0 • CONSENT AGENDA 0 9 • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 22 2002 Requested By: S. Gillett Department: Public Works Report: X Resolution: Ordinance: Exhibits: Bid Tabulation and Bidders List Exhibits: Exhibits: Appropriation Source of Funds: General Fund Account Number: 001-7071-531-2010 Amount Budgeted: S28,000 Amount Requested: $28,000 Budgeted Item: YES SUMMARY & RECOMMENDATION Sealed bids were opened on April 1, 2002 for sign material. This material is used in the City's traffic control maintenance program to maintain and replace traffic control signs and systems. Bids were sent to nine vendors, with four returning bids. Low bid was submitted by Custom Products Corp., for a total cost of $60,267.87. However, the actual expenditures for sign materials will not exceed the annual budget of $28,000. This represents a 9% increase over last year's bid. Adequate funds are budgeted in the Street Division operating budget. Action Required by Council: Award bid for annual contract to furnish Sign Material to Custom Products Corp. Approved for City Council Agenda C�j Ll-it-v Robert T. Herrera, City Manager Date • CITY OF LA PORTE INTEROFFICE MEMORANDUM April 9, 2002 TO: STEVE GILLETT, DIRECTOR OF PUBLIC WORKS FROM: GINGER SHAW, PURCHASING TECH. II SUBJ: SEALED BID #0853 — SIGN MATERIALS Advertised, sealed bids #0853 — Sign Materials were opened and read on Monday, April 1, 2002. Bid requests were mailed to nine (9) vendors with four (4) returning bids. Custom Products Corp. submitted low bid meeting specifications in the amount of $60,267.87. Copies of the bids are attached for your review. This represents an nine present (9%) increase over the last bid. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. Attachment: Bid Tabulation Bidder's List Bid Copies BID TABULATIONS - BID 0853 - SIGN MATERIALS DESCRIPTION CITY ALLIED TUBE & CONDUIT HALL SIGNS, INC CUSTOM PRODUCTS CORP. ROADRUNNER TRAFFIC SECTION I A. REFLECTIVE SHEETING 1. 6"x50 yd. Colored 8 NO BID NO BID $78.00 $91.00 2. 6"x50 yd White (PS) 1 NO BID NO BID $63.75 $90.00 3. 24"x50 yd Black (NR) 1 NO BID NO BID $290.00 $605.00 4. 24"x50 yd Colored 1 NO BID NO BID $312.00 $340.00 5. 30"x50 yd Colored 4 NO BID NO BID $390.00 $415.00 6. 5/8"x1-1/8" Black (HA) 30 NO BID NO BID $3.00 $7.25 7. 5/8"x1-1/8" White (HA) 30 NO BID NO BID $3.00 $5.00 8. 8" Tape w/4" Stripes 5 NO BID NO BID $100.00 $120.00 9. 8" Tape w/6" Stripes 2 NO BID NO BID $100.00 $120.00 10. 8" Tape w/6" Strps (PS) 100 NO BID NO BID $8.41 $16.96 11. 8" Tape Orange 4 NO BID NO BID $100.00 $130.00 12. 36"x50 yd Eng Gr (HA) 2 NO BID NO BID $459.00 $480.00 13. 2"x50 yd Dia Gr Con 2 NO BID NO BID $112.00 $110.00 14. 6"x 50 yd Black (PS) 4 NO BID NO BID $60.00 $90.00 15. 4"x 50 yd White Dia Gr 4 NO BID NO BID $254.58 $282.58 16. 2"x 50 yd White Dia Gr 4 NO BID NO BID $146.29 $176.29 SUB -TOTAL $0.00 $0.00 $7,956.23 $10,221.98 B. LETTERS 1. 3" Black "C" 40 NO BID NO BID $2.15 $4.35 2. 2" White "C" 120 NO BID NO BID $1.50 $3.20 3. 2" Black "C" 30 NO BID NO BID $1.50 $4.00 4. 4" White "B" 6 NO BID NO BID $2.90 $5.51 5. 2" Red "C" 20 NO BID NO BID $1.80 $3.20 6. 5" Black "C" 10 NO BID NO BID $3.97 $11.00 7. 5" White "C" 50 NO BID NO BID $3.97 $6.95 8. 6" White "B" 20 NO BID NO BID $6.17 $8.50 9. 8" Black "D" 10 NO BID NO BID $13.30 $26.00 10. 4" Black "D" A-Z 10 NO BID NO BID $3.50 $9.00 11. 7" Black "D" A-Z 5 NO BID NO BID $9.00 $22.10 12. 3" White "C" A-Z 10 NO BID NO BID $2.15 $4.00 13. 3" Red "C" A-Z 5 NO BID NO BID $2.50 $4.00 14. 1" White "C" A-Z 26 NO BID NO BID $3.18 $3.40 SUB -TOTAL $0.00 $0.00 $1,055.68 $2,011.46 ALLIED TUBE & HALL SIGNS, CUSTOM ROADRUNNER DESCRIPTION QTY CONDUIT INC PRODUCTS TRAFFIC C. NUMBERS 1. 4" Black 0-9 12 NO BID NO BID $3.15 $9.00 2. 3" Black "C" 20 NO BID NO BID $2.15 $6.40 3. 4" Red "C" 10 NO BID NO BID $4.00 $6.15 4. 5" White "C" 30 NO BID NO BID $3.97 $7.35 5. 6" White "C" 40 NO BID NO BID $6.55 $9.85 6. 10" Black "E" 20 NO BID NO BID $17.50 $50.00 7. 4" White "C" 0-9 5 NO BID NO BID $3.15 $6.15 8. 3" White "C" 0-9 10 NO BID NO BID $2.15 $5.20 9. 3" White "C" 0-9 (PS) 6 NO BID NO BID $2.15 $5.00 10. 1" White "C" 0-9 10 NO BID NO BID $3.18 $3.40 SUB -TOTAL $0.00 $0.00 $933.85 $2,058.75 D. FACES 1. S4-1 School Zone Time 40 NO BID $2.16 $1.99 $2.44 2. 30"x30" Do Not Enter 24 NO BID $6.71 $7.44 $8.30 3. 30" School Crossing 60 NO BID $34.52 $33.31 $40.06 4. 30" School Adv Warning 60 NO BID $34.52 $33.31 $40.06 5. 24"x24" White w/Borders 25 NO BID $4.41 $4.76 $5.31 6. 24"x30" Keep Right 10 NO BID $5.46 $5.95 $6.64 7. 24"x8" School Sign S4-3 40 NO BID $7.93 $7.24 $8.80 8. 24"x24" Stop Sign 100 NO BID $4.41 $4.76 $5.31 9. 24"x30" Speed Limit 50 NO BID $5.46 $5.95 $6.64 10. 24"x24" "Fresh Oil" 10 NO BID $4.41 $4.76 $5.31 11. 30"x30" "Dead End" 20 NO BID $34.52 $33.31 $40.06 12. 30" Stop Sign 100 NO BID $34.52 $28.88 $35.70 13. 24"x48" Single Arrow 10 NO BID $8.85 $9.52 $10.62 14. 24"x48" Double Arrow 12 NO BID $8.85 $9.52 $10.62 15. 18"x24" End School Zone 30 NO BID $16.77 $16.32 $19.23 16. 24" Men Working 24 NO BID $22.69 $16.96 $20.83 17. 5/8" Black Border 10 NO BID $29.67 $11.25 $10.24 18. 5/8" White Border 5 NO BID $18.66 $11.25 $10.95 19. 36"x36" Yellow w/Black 10 NO BID $49.90 $47.97 $57.69 20. 18"x24" White w/Black 50 NO BID $3.41 $3.57 $3.98 21. 30" Stop Ahead W3-1A 12 NO BID $36.34 $39.97 $42.41 22. 36" Yield R1-2 12 NO BID $5.11 $5.20 $4.88 23. 24" No Trucks R5-2 12 NO BID $4.65 $5.24 $5.54 24. 24"x18" One Way R6-2R 12 NO BID $3.41 $3.57 $3.98 25. 30" Dip W8-2 10 NO BID $34.52 $33.31 $40.06 26. 30" Signal Ahead W3-3 6 NO BID $36.34 $39.97 $42.41 27. 30" School Bus Warning 14 NO BID $34.52 $33.31 $40.06 ALLIED TUBE & HALL SIGNS, CUSTOM ROADRUNNER DESCRIPTION QTY CONDUIT INC PRODUCTS TRAFFIC D. FACES (continued) 28. 24"x30" Detour M4-9 24 NO BID $24.10 $21.20 $26.04 29. 30" Men Working W21-1 12 NO BID $30.01 $26.50 $32.56 30. 30" Road Work Ahead 12 NO BID $30.01 $26.50 $32.56 31. 30" Road Mach Ahead 4 NO BID $6.71 $7.44 $8.30 32. 12"x36" Bridge 1-1-11- 24 NO BID $3.56 $3.57 $3.98 33. 12"x36" Bridge H-1 R 24 NO BID $3.56 $3.57 $3.98 34. 30"x30" Playground 12 NO BID $34.52 $33.31 $40.06 35. 24"x30" Chevron W1-8 24 NO BID $5.46 $5.95 $6.64 36. 18"x24" Neighborhood 24 NO BID $1.98 $1.94 $1.99 37. 12"x18" No Park Any Time 24 NO BID $1.98 $1.94 $1.99 38. 12"x18" No Parking<--- 24 NO BID $1.98 $1.94 $1.99 39. 12"x18" No Parking < --- > 24 NO BID $1.98 $1.94 $1.99 40. 30"x30" Sharp Turn 12 NO BID $34.52 $33.31 $40.06 41. 30"x30" Curve 12 NO BID $34.52 $33.31 $40.06 42. 18"x24" White w/Red 50 NO BID $3.41 $3.57 $3.98 43. 24" No (R/L)Trn R3-1 R3-2 10 NO BID $4.41 $5.24 $5.48 44. 24"x30" White w/Brd 30 NO BID $5.46 $5.95 $6.64 45. 12"x36" One Way 10 NO BID $3.56 $3.57 $3.98 46. 30"x30" Orange w/Black 20 NO BID $6.71 $26.50 $32.56 47. 30"x30" Uneven Lanes 6 NO BID $6.71 $7.44 $3.28 48. 30"x30" Yellow w/Black 25 NO BID $34.52 $33.31 $40.06 49. 30"x30" Ped Xing 6 NO BID $34.52 $33.31 $40.06 50. 30"x30" Left Lane Must Trn 6 NO BID $6.71 $7.44 $8.30 51. 24"x24" Hazard Cargo Rt 12 NO BID $4.41 $5.24 $5.48 52. 24"x24" No Hazard Cargo 12 NO BID $4.41 $5.24 $5.48 53. 18"x24" No Dumping 24 NO BID $3.41 $3.57 $3.98 54. 30"x30" High Water 24 NO BID $34.52 $33.31 $40.06 55. 30"x30" Water Over Road 24 NO BID $34.52 $33.31 $40.06 56. 30"x30" Watch Ice on Brdg 30 NO BID $34.52 $33.31 $40.06 57. 6"x30"x.080 No Outlet 50 NO BID $1.85 $3.23 $6.23 ALLIED TUBE & HALL SIGNS, CUSTOM ROADRUNNER DESCRIPTION CITY CONDUIT INC PRODUCTS TRAFFIC D. FACES (continued) 58. !8"x18" End of Road 50 NO BID $16.42 $8.50 $9.33 59. 6"x15" Object Markers 30 NO BID $5.25 $3.78 $4.75 60. 66" Post Wh/Yel Eng gr. 50 NO BID $22.15 $16.55 $13.29 61. 30"x6" Dead End 50 NO BID $1.85 $3.23 $6.23 62. 30"x30" Adv Ped-Xing 12 NO BID $34.52 $33.31 $40.06 63. 24" Stop Dia. Gr 100 NO BID $19.76 $18.48 $22.85 64. 24"x48" Schl When Flshng 12 NO BID $8.85 $10.47 $12.77 65. 30"x30" Deaf Child Area 12 NO BID $34.52 $33.31 $40.06 66.a. 30"x30" Left Lane Closed 6 NO BID $30.01 $26.50 $32.56 66.b. 30"x30" Right Lane Closei 6 NO BID $30.01 $26.50 $32.56 SUB -TOTAL $0.00 $26,895.97 $25,279.52 $30,000.74 .:.:. SECTI: ITOTAL::::::::::::::::::::: ............. . 0 0::::::.. �fl.................... .. .. .. ..::.:.:.:.............,. 83sr97;::::;:;;; ........:..:.:.:.:.:...:.....:............. ;$325'2&:; ....... :;:; ;:: ;;:$4;29283 SECTION 11 A. Aluminum Blanks & Hardware 1. Caps & Crosses 100 NO BID $13.35 $7.80 $9.35 2. 12"x18"x.080 Alum Blank 50 NO BID $2.50 $2.40 $2.72 3. 24"x24"x.080 Alum Blank 60 NO BID $6.48 $6.20 $6.80 4. 24"x24" Stop AI Blank 50 NO BID $5.85 $5.64 $6.21 5. 6" Blade Holder, VS-9UC C 100 NO BID $7.94 $4.65 $5.26 6. 6" Blade Holder, VS-9 Cros 100 NO BID $7.48 $4.62 $5.26 7. 6" & 4" Reflective Collars 50 NO BID $9.00 $6.80 $9.50 8. Economy Tripod Stand 4 NO BID $40.00 $25.00 $25.50 9. 6"x24" Extr. Al Blank 100 NO BID $3.53 $3.30 $3.21 10. 2-1/2" O.D. Alum Post 50 NO BID $1.45 $1.75 $1.25 11. 10' A Fr Panel Pla Barricad 30 NO BID $188.00 $84.55 $145.00 12. 6"x36" Extr. Alum Blank 75 NO BID $5.24 $4.95 $4.71 13. 6"x30" Extr. Alum Blank 100 NO BID $4.38 $4.13 $3.97 14. 8"x24"x.080 Alum Blank 8 NO BID $2.19 $2.06 $2.46 15. 18"x24"x.080 Alum Blank 80 NO BID $4.90 $4.65 $5.18 16. 24"x30"x.080 Alum Blank 50 NO BID $8.01 $7.75 $8.49 17. 30"x30"x.080 Alum Blank 80 NO BID $10.08 $9.69 $10.57 18. 36"x36"x.080 Alum Blank 20 NO BID $14.30 $13.95 $15.23 19. 30"x30" Stop Alum Blank 75 NO BID $9.10 $8.82 $9.57 ALLIED TUBE & HALL SIGNS, CUSTOM ROADRUNNER DESCRIPTION CITY CONDUIT INC PRODUCTS TRAFFIC A. Alum Blanks & Hrdw (cont) 20. Sign Dating Decals 1000 NO BID $0.20 $0.19 $0.83 21. VS GUC Cap 6" Extr BI 50 NO BID $9.27 $4.65 $4.89 22. 24"x48"x.080 Alum Blank 15 NO BID $6.48 $12.40 $13.60 23. 91 UX Caps & Crosses 100 NO BID $5.99 $7.50 $9.36 24. 6"x12"x.080 Flat 24 25. 6"x24"x.080 Flat 24 26. 36"x.080xTriangle Yield 6 27. 6"x42"x.080 Extruded 12 28. 9"x30" Extr BI w/Gr 10 29. 9"x36" Extr BI w/Gr 30 30. 9"x42" Extr BI w/Gr 24 31. 9"x48" Extr BI w/Gr 121 32. 3/4"x.020x200' SS Strp 31 33. Cantilever Brackets 24 34. 3/4" SS Seals 100 35. Universal Brackets 25 36. Flared Leg Bracket 100 37. 9"x24"x.080 Flat 50 38. VS-1 Cap Extr Blade 50 39. 12"x36"x.080 Alum 24 40. 36"x48" Speed Limit 6 41. 48"X30"X.080 Alum 6 42. 1/2"x.020x200 SS Strp 2 43. 6"x30" x.080 Flat 25 44. Ceramic Buttons Wh/Yel 100 45. 6"x48"x.080 Extr. Alum 20 46. Motorist Alert Flag Holder 4 47. Epoxy Adhesive for Marker 6 48. 4"x4" Pave Marker Yel 1000 49. Delin Butt w/Grom Hole 100 50. 30" Pentagon .080 25 SUB -TOTAL B. CHANNEL POSTS 1. 3 Ib/ft x 12' long 500 SUB -TOTAL SECTION III FACE ON ALUMINUM NO BID $0.88 $0.89 $1.23 NO BID $1.65 $1.60 $1.92 NO BID $7.36 $6.60 $7.37 NO BID $6.10 $5.78 $5.45 NO BID $10.86 $10.50 $11.81 NO BID $12.97 $12.60 $14.16 NO BID $15.10 $14.70 $16.53 NO BID $17.21 $16.80 $18.88 NO BID $65.97 $45.00 $46.10 NO BID $3.75 $5.00 $6.67 NO BID $0.30 $0.21 $0.21 NO BID $3.22 $3.95 $5.35 NO BID $1.54 $1.00 $1.25 NO BID $2.48 $2.33 $2.73 NO BID $6.76 $3.80 $4.65 NO BID $4.79 $4.65 $5.22 NO BID $35.55 $34.20 $38.75 NO BID $16.07 $15.50 $16.90 NO BID $60.00 $40.00 $51.30 NO BID $2.06 $1.94 $2.33 NO BID $1.25 $2.00 $0.72 NO BID $6.95 $6.60 $6.23 NO BID $3.00 $9.00 $9.18 NO BID $100.00 $17.10 $11.83 NO BID $2.00 $1.25 $1.10 NO BID $0.65 $0.60 $0.78 NO BID $9.27 $8.81 $9.15 $0.00 $21,162.46 $15,035.95 $18,472.89 $10.35 $15.83 $14.04 $16.64 $5,175.00 $7,915.00 $7,020.00 $8,320.00 1. 6'x12'x.080 3-way-R1-3A 40 NO BID $1.89 $1.50 $2.45 2. 6"x12"x.080 4-way-R1-3 60 NO BID $1.89 $1.50 $2.45 3 063x18" Stop & Slow Pad 12 NO BID $20.00 $18.25 $11.44 4. 18"x24"x.080 Neigh Crim 40 NO BID $8.84 $9.00 $11.66 5. 12"x9"x.080 $50-$200 40 NO BID $2.58 $2.25 $3.35 6. 12"c6"x.080 Van Access 40 NO BID $1.89 $1.50 $2.45 7. 12:x18"x.080 Res Park Ha 40 NO BID $4.67 $4.70 $5.42 8. 48"x30"x.080 Road Clos 12 NO BID $29.09 $27.50 $32.29 9. 60"x30"x.080 Rd Clo Tr 6 NO BID $47.11 $34.38 $40.38 10. 36" Cir x.080 RRING 12 NO BID $27.70 $24.00 $27.25 11. 18"x24"x.080 Ne Buck Up 12 NO BID $8.84 $9.00 $11.66 12. 18"x18"x.080 Speed Adv 50 NO BID $6.84 $6.19 $7.26 13. 24"x24"x.080 Airport Si 20 NO BID $11.56 $11.00 $12.92 14. 30"x18"x.080 Wro Way 6 NO BID $10.88 $10.31 $12.11 15. 24"x18"x.080 Tru Route 24 NO BID $8.84 $8.25 $9.69 16. 18"x24"x.080 No Th Tru 24 NO BID $8.84 $8.25 $9.69 SUB -TOTAL $0.00 $3,281.22 $2,986.64 $3,553.34 $3,281.22 $2,986.64 $3553.34 E • BIDDER'S LIST SIGN MATERIALS SEALED BID #0853 VULCAN SIGNS P.O. BOX 1850 FOLEY, AL 36536-1850 PH # 800-633-6845 FAX # 251-943-1544 ATTN: ERICK CROSBY NEWMAN TRAFFIC SIGNS P.O. BOX 1728 JAMESTOWN, ND 58402-1728 PH # 701-252-1970 FAX # 701-252-7325 ATTN: JUDY SEHER UNIVERSAL DIE -CUT CORP. P.O. BOX 552 NORWALK, OH 44857-0552 PH # 800-626-0365 FAX # 419-663-3293 ATTN: RICH JUBAK ROADRUNNER TRAFFIC SUPPLY P.O. BOX 122837 FT. WORTH, TX 76121. PH # 817-244-0305 FAX # 817-244-4819 ATTN: MARILYN EDLUND HALL SIGNS, INC. P.O. BOX 515 BLOOMINGTON, IN 47402 PH # 800-284-7446 FAX # 1-888-329-7446 ATTN: BECKY BROCK BAYSHORE SUN PUBLISHED DATES MARCH 17, 2002 MARCH 24, 2002 TRANTEX 3310 FRICK ROAD, BLDG. D HOUSTON, TX 77086 PH # 281-448-7711 FAX # 281-591-6827 ATTN: STEVE NELSON SIGNS & BLANKS,INC. P.O. BOX 2234837 AKRON, OH 44309 PH # 800-837-2245 FAX # 330-630-0779 ATTN: MATT CODDINGTON CUSTOM PRODUCTS CORP P.O. BOX 54091 JACKSON, MS 39288 PH # 601-932-5854 FAX # 601-932-7178 ATTN: HAL PERKINS ANCHOR LITHOGRAPHIC 122 EAST TEXAS AVE BAYTOWN, TX 77520 PH # 281-428-2185 FAX # 281-428-2264 ATTN: TRENT JAMES CHAMBERS OF COMMERCE P.O. BOX 996 LAPORTE, TX 77572-099 • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 22, 2002 Requested By: Susan Kelley Department: Administrative Services/Purchasing Report: Resolution: Ordinance: Exhibits: Exhibits: Exhibits: Appropriation Source of Funds: Various Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Advertised, sealed bids for #0851 — Air Conditioning/Heating Maintenance & Repair Contract were opened and read on April 1, 2001. Bid requests were mailed to ten (10) area service providers and one (1) bid was requested, with seven (7) returned bids. Bidders were asked to submit pricing in three (3) areas: ➢ Preventative Maintenance and provide a cost per year for 26 City facilities ➢ Repair rate per hour ➢ Cost plus _ % for parts Last year's maintenance cost of all facilities; repair hours and cost of parts for City Hall, all Park facilities and centers, and all Police locations were used for estimated quantities. By calculating these costs for each bidder, it was determined that Bay Temperature Control submitted the lowest bid meeting specifications. Bay Temperature Control costs are as follows: ➢ Annual Preventative Maintenance all Facilities — $20,537 ➢ Repair Rate per Hour — $60 for all regular units $92.50 for RFC Chiller ➢ Cost plus — 20% for parts All maintenance, repair and parts are paid by each department. Sufficient funds have been budgeted in departmental accounts for these items. Last year, a total of approximately $43,800 was spent of which about $19,230.00was for preventative maintenance and about $24,570 was for repairs. Action Required by Council: Award Bid # 0851 - Air Conditioning/Heating Maintenance & Repair Contract to Bay Temperature Control. Approved for City Council Agenda Ro RKT. a a, City Manager g b� Date BID TABULATION #0851 AIR CONDITIONING/HEATING MAINTENANCE & REPAIR CONTRACT DESCRIPTION QTY CONTROL CONDITIONING CURRY INC. HEATING & A/C SERVICES MECHANICAL INC. 1) CITY HALL YR $1,170.00 $1,237.70 $1,458.00 $2,400.00 $2,219.00 $6,300.00 $9,288.00 2) POLICE ADMIN YR $1,082.00 $2,220.94 $5,076.00 $1,860.00 $2,574.00 $6,960.00 $20,412.00 3) NEIGHBORHOOD CNTR YR $400.00 $813.78 $1,416.00 $1,176.00 $815.00 $1,992.00 $5,904.00 4) MUNICIPAL COURT YR $876.00 $1,309.09 $1,200.00 $2,400.00 $2,367.00 $4,200.00 $10,176.00 5) PUBLIC WORKS YR $624.00 $1,209.12 $1,512.00 $1,200.00 $2,161.00 $4,620.00 $10,704.00 6) TREATMENT PLANT YR $620.00 $636.56 $594.00 $1,056.00 $980.00 $1,488.00 $3,168.00 7) HUMANE CENTER YR $340.00 $570.69 $582.00 $1,056.00 $850.00 $1,320.00 $3,024.00 8) EMS BUILDING YR $405.00 $791.06 $840.00 $1,056.00 $1,299.00 $1,920.00 $5,832.00 9) FIRE STATION 91 YR $690.00 $953.13 $1,440.00 $1,500.00 $1,633.00 $3,720.00 $10,740.00 10) FIRE STATION #2 YR $320.00 $482.06 $546.00 $1,056.00 $661.00 $1,080.00 $2,952.00 11) FIRE STATION #3 YR $320.00 $618.41 $552.00 $780.00 $736.00 $984.00 $2,952.00 12) FIRE STATION #4 YR $320.00 $648.71 $552.00 $780.00 $798.00 $1,008.00 $2,952.00 13) OLD LIBRARY BLDG YR $590.00 $901.66 $816.00 $1,056.00 $1,320.00 $1,944.00 $7,224.00 14) EVELYN KENNEDY YR $760.00 $1,024.35 $756.00 $2,160.00 $1,573.00 $3,480.00 $5,904.00 15) JEANNIE RILEY YR $610.00 $918.32 $894.00 $1,056.00 $1,354.00 $2,400.00 $7,896.00 16) CHARLES WALKER ANNEX YR $738.00 $1,187.94 $1,302.00 $1,800.00 $1,910.00 $3,240.00 $8,784.00 17) FAIRMONT PARK CIVIC YR $298.00 $585.09 $264.00 $960.00 $690.00 $1,080.00 $2,028.00 18) BROOKGLEN YR $500.00 $782.00 $834.00 $960.00 $1,073.00 $1,920.00 $5,832.00 • • DESCRIPTION QTY CONTROL CONDITIONING CURRY INC. HEATING S A/C SERVICES MECHANICAL INC. 19) LOMAC CIVIC CENTER YR $379.00 $604.78 $420.00 $840.00 $690.00 $984.00 $2,916.00 20) SYLVAN BEACH PAVILION YR $1,860.00 $1,416.66 $1,410.00 $2,880.00 $2,382.00 $6,624.00 $11,268.00 21) WAVE POOL CONCESSION YR $285.00 $635.07 $240.00 $780.00 $771.00 $744.00 $1,956.00 22) SPECIAL PROGRAMS YR $1,230.00 $1,275.80 $1,536.00 $1,440.00 $2,092.00 $5,244.00 $14,616.00 23) FITNESS CENTER YR $3,665.00 $3,681.56 $5,658.00 $6,720.00 $6,515.00 $22,320.00 $34,056.00 24) ORIGINAL CITY HALL YR $385.00 $660.00 $240.00 $960.00 $734.00 $1,368.00 $3,024.00 25) COMMUNITY LIBRARY YR $2,070.00 $1,220.00 $1,836.00 $3,900.00 $2,365.00 $9,000.00 $15,372.00 .4). Fa- MAINTENANCE YR $20,537.00 $26,384.48 $31,974.00 $41,832.00 $40,562.00 $95,940.00 $208,980.00 HOURS 198.29 $60.00 $55.00 $43.00 $35.00 $66.50 $65.50 $80.00 CHILLER 24 $92.50 $55.00 $43.00 $35.00 $66.50 $65.50 $80.00 PARTS < $150 $1,508.90 20% 45% 20% 12% 40% 30% 15% > $150 $9,693.31 20% 40% 20% 12% 40% 30% 15% TOTAL $48,097.05 $54,368.97 $64,975.12 $62,158.63 $71,027.38 $125,062.87 $229,306.63 REFERENCES Excellent Excellent Excellent Excellent NIA N/A NIA LICENSE/CERTIFICATION I YES I YES I YES I YES I YES I YES I YES Estimates are based on prior year quantities. Information reflects pricing only and other factors may be considered during the evaluation. • April 2, 2002 Mike Stafford Harris County Attorney 7-6: MtkY't- NV%) C0k.1 Ca"WLA F'w R-T� To E.c A N SC. iS Council Member Guy Sutherland Ir++11, City of LaPorte cc. •. Cvy �� 604 West Fairmont Parkway LaPorte, Texas 77571 RE: THE 55 MILE PER HOUR SPEED LIMIT IN THE HOUSTON GALVESTON AREA Dear Council Member Sutherland: As you may know, on February 11, 2002, I filed a petition for rulemaking on behalf of Harris County with the Texas Natural Resource Conservation Commission (TNRCQ asking the agency to eliminate the 55 mph speed limit requirement, currently part of the State Implementation Plan. A copy of the petition is enclosed. You will note that our request to the TNRCC was based upon new studies and data by both the United States Environmental Protection Agency (EPA) and the TNRCC indicating that the speed limit reduction does not reduce the level of nitrogen oxides (NOx) emissions as much as previously predicted. These new studies also show that a reduction in volatile organic compound (VOC) emissions would provide greater clean -air benefits. This proposition was first advanced by members of the industrial sector — notably, the very interests who would bear responsibility for the VOC reductions. I will be making a presentation to the Commissioners of the TNRCC in the next few weeks in an attempt to persuade them that eliminating the 55 mph speed limit and concentrating on VOC reductions is the appropriate course. Since the filing of the petition, there has been an outpouring of constituent support for our position. Similarly, I would greatly appreciate the support of as many public officials as possible in our efforts to persuade the TNRCC to eliminate or relax the 55 mph speed limit requirement for this area of Texas. Your ipdiv ex ression of support would t?o a long way toward persuading the agency to do the right thing by eliminating or modifying the 55 mph speed limit rule. Please consider placing the attached draft letter, or your own endorsement, on your letterhead and returning it to me at your earliest convenience so that I may include it in my presentation to the agency. Together, we can make a difference. Thank you for your time and attention. * cY'lsJQA . 0-&' }Avtric. a.WA s 1EV0'"% J-G. awk- t-6y I_j hN is s f -M Sincerely, ? � kwuw �ow.44_06ht .\-; , V!"SNs W<0 6",ems C�j 6 e A c,U4 -rvj (LCL I. tr-% ► _J k,- e k� fk'd "r-Le. vc PV'CXUk'1k t 0" p.-? o S � G PsL "-ki"rS a �s t iU19 ongress, 151h Floor • Houston, TX 77002-170C GL<'�k MIKE STAFFORD Harris County Attorney Phone:713-755-5101 • Fax:713-755-8924 Lf 8?kZ CERTIFIED MAIL RETURN RECEIPT REQUESTED AND BY FACSIMILE (5 12) 239-3939 February 11, 2002 Mr. Jeff Saitas Executive Director NRCC P.O. Box 13087 Austin, Texas 78711-3087 Dear Mr. Saitas: Nlichael A. Stafford Harris Coun w Attorney Enclosed please find Harris County's Petition for Rulemaking Regarding the Texas State Implementation Plan. As stated in our Petition, we are concerned that the current Houston -Galveston Area ("HGA") State Implementation Plan ("SIP") is based upon an outdated and inaccurate model. We are asking that the » mph speed limit control measure (the "Speed Limit Rule") be removed from the SIP.or in the alternative, delaying the implementation of the Speed Limit Rule in HGA until May 1. 2004. % e are committed to working. ,vith TNRCC to ensure that elimination or delayed implementation of the Speed Limit Rule does not delay progress towards cleaner air, or place the SIP in jeopardy of EPA disapproval and the potential loss of federal transportation funding. Thank you for your consideration of this matter and please do not hesitate to contact Cathy Sisk. the Bureau Chief of our Community Protection Bureau. at 713/755-5 101 if you have any questions regarding the attached petition. Very truly yours. MIKE STAFFORD County Attorney 1019 Congress, 1511 Floor 9 Houston, TX 77002-1700 • Phone: 713-755-5101 • Fax: 713-755-8924 HARwS COUNTY'S Petition for Rulemaking Regarding the Texas State Implementation Plan To the Honorable Executive Director of the Texas Natural Resource Conservation Commission: NOW COMES: Mike Stafford, County Attorney for Harris Count., a political subdivision of the State of Texas, whose office is located at 1019 Congress, Houston. Texas. 77002 and files this .NTitten petition for rulemaking regarding an amendment to the Houston - Galveston Area ("HGA") State Implementation Plan (`'SIP"). This petition concerns the inclusion and the effective date of the reduced speed limit for HGA, which was promulgated under the authority of the Federal Clean Air Act ("FCAA") 42 U.S.C. § 7410 (1996) and Chapter 382 of the Texas Health and Safety Code, and respectfully shows the following: L Explanation of Proposed Rule The proposed rule would amend the HGA SIP by removing the 55 mph speed limit control measure (the "Speed Limit Rule") from the SIP, or in the alternative, delaying the implementation of the Speed Limit Rule in HGA until May 1, 2004. TNRCC included the Speed Limit Rule in the December 2000 SIP Attainment Demonstration. December 2000 SIP Revision, Section 6.3.12. The purpose of the Speed Limit Rule is to reduce nitrogen oxides emissions in order to enable HGA to attain the national ambient air quality standard ("NAAQS") for ozone. However, since the inclusion of the Speed Limit Rule in the SIP, new information has become available that indicates the Speed Limit Rule may not provide the anticipated level of NOx reductions, and further, that any reductions of NOx provided by the Speed Limit Rule may not be necessary for HGA to achieve the ozone NAAQS. On January 29.2002. EPA officially released the MOBILE6 model for mobile emissions. MOBILE6 is based on "new and improved data" that represents "a major revision" of earlier models. including the MOBILESa h model used to calculate the estimated NOx reductions for the Speed Limit Rule. 67 Fed. Rea. 4254 (January 29. 2002). MOBILE6 allows for improved local drive time and speed variations as well as a more accurate representation of the emission reduction measures in Tier 2. the recent federal regulation that requires car manufactures to build lower emitting vehicles. Due to these as well as other improvements. it is likely that MOBILE6 will predict significantly smaller NOx reductions from the Speed Limit Rule than the 1%4OBILE5a_h model. Recent data from the on;oin,_ Texas Air Quality Study ("TxAQS") indicates that fewer NOx reductions and greater volatile organic compound ("VOC") reductions may be necessary to attain the ozone NAAQS by 2007. Because the Speed Limit Rule was adopted primarily to achieve additional tiny: reductions. and because both the level of and need for those NOx reductions are now in doubt. implementation of the Speed Limit Rule in the HGA is at best premature and likely inappropriate. TNRCC committed to perform a "mid -course review" to incorporate new information, science or technology to further the SIP goals of reducing ozone. This mid -course review will be used to evaluate whether current control measures are appropriate. It must be completed by May 1. 2004. September 26. 2001 SIP Revision. Section 7.2. Dather than proceed to impi�::.%nt a rule that was developed based on an outdated and inaccurate model. Harris County requests that TNRCC eliminate the Speed Limit Rule from the HGA SIP. or in the alternative. smy implementation of the Speed Limit Rule until after the mid -course reviews and evaluation with .YIOBILE6 and the results of the TxAQS to determine whether the Speed Limit Rt11 is an effective measure for achieyine the necessary ozone reductions. Has County is committed to working with TNRCC to ensure that elimination or m delayed implementation of the Speed Limit Rule does not delay progress towards cleaner air. or place the SIP in jeopardy of EPA disapproval and the potential loss of federal transportation fundins. Control measures which demonstrate an uncertain ability -to reduce pollution. however. do not serve the public interest. and any emissions reductions foregone by delayed implementation of the Speed Limit Rule until May 1. 2004. will not affect HGA's abilit\' to attain or demonstrate compliance with the ozone N AAQS by 2007. II. Teat of Proposed Rule Hams County proposes to delete the Speed Limit Rule from the SIP. Chapter 6. Section 6.3.12 of the December 2000 SIP Revision. In the alternative, Harris County proposes to amend the SIP to change the effective date of May 1. 2002 to Mai- 1. 2004 for the HGA region. III. Statement of Authoritv The FCAA allows the states the discretion to revise their SIPs "From time to time as may be necessary to take account of availability of improved or more expeditious methods of attaining such standard." 42 USC § 7410(a)(H)(1). MOBILE6 and the TxAQS are two major improvements that will enable TNRCC to determine whether "improved or more expeditious' methods of reducing ozone may be available and whether the Speed Limit Rule itself is effective in reducing ozone as currently stated in the SIP. The Texas Clean Air Act authorizes TNRCC to prepare and develop a general and comprehensive plan to maintain the state's air quality. Tex. Health & Safety Code §§382.001 et. seq. The scope of this delegation includes authorizing TNRCC to adopt rules and maintain the state air plan in order to comply with federal law or regulations. Id. at § 382.017. IV. .alle_ation of possible iniury or ineouity The implementation of pollution control measures that do not effectively reduce pollution would harm the residents of Harris County. A speed limit reduction that does not reduce pollution wastes limited local government resources and imposes an unwarranted burden on motorists by reducing the mobility of over five million residents in HGA. Implementing an ineffective rule would also waste the red=ulatory efforts of TNRCC and the Texas Department of Transportation as well as the enforcement efforts of highway officers in Harris County. -1- 0 V. Conclusion Cleaning the air as efficiently and quickly as possioie is the highest priority for Hams Count. Flit: nee% ;4ivBILE6 model and initial results from the TxAQS raise serious doubt as to N.�lleuler the JY��ti i:.imit RL'l_ :.ill contribute to that goal. Hams Count} is concerned that the MOBILE6 model mill not she :'.:: Same 'PTO:. emissions reductions as previously mode}:d to support the Speed Limit \.uie. Further. tilt :host recent results of the TxAQS indicate that reductions of NOx FrTvided the Speed Limit Rule may not be necessary for HGA to achie\ the ozone NAAQS. Based on these concerns. Harris County is peioninR TNRCC to-liminate the Speed Limit Rule from the HGA SIP. or in the alternative, to stay implementation of the Speed Limit Rule until iMay 1, 2004. after the mid -course review. This action will provide TNRCC with the opportunity to evaluate the Speed Limit Rule in light of the MOBILE6 model and results of the TxAQS. and to determine whether it mould be an effective means of achieving the emissions reductions necessary to reach attainment with the ozone NAAQS by 2007. Harris County. looks forward to working with TNRCC in the ongoing process of maintaining and improving the environmental quality of Harris County and the State of Texas. Thank you for vour consideration of this matter. Respectfully submitted, MIKE STAFFORI;' / HARRIS COUNTY ATTORNEY • L� Chairman Robert J. Huston Commissioner Ralph Marquez Commissioner Kathleen Hartnett White Texas Natural Resource Conservation Commission P. O. Box 13087 Austin, TX 78711-3087 RE: THE 55 MILE PER HOUR SPEED LIMIT IN THE HOUSTON-GALVESTON AREA Dear Chairman and Commissioners: I am aware of the petition filed by Harris County asking the Texas Natural Resource Conservation Commission to eliminate the 55 mph speed limit requirement that is currently part of the State Implementation Plan for the Houston -Galveston area. I urge you to adopt Harris County's proposal. Recent studies indicate that the 55 mph speed limit will not generate the emissions reductions previously contemplated, and that the TNRCC can impose alternative measures (e.g., controlling highly reactive VOC's) that will be more effective. I stand ready in my official capacity to support the Commission's efforts in this regard in order to ensure that the goal of clean air is achieved by all lawful and appropriate means. Thank you for your consideration. Sincerely, Mr. Jeff Saitas Executive Director Texas Natural Resource Conservation Commission MC 109 P.O. Box 1387 Austin, Texas 78711