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HomeMy WebLinkAbout1971-10-25 Regular Meeting• ~ MINUTES - REGULAR MEETING • OF THE LA PORTS CITY COMMISSION, LA PORTS, TEXAS OCTOBER 25, 19'71 x:00 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor H. Carlos Smith, Commissioners E. A. Thomas, I. J. Kibodeaux and G. E. Sampson. MEMBERS OF THE COMMISSION ABSENT:Commissioner H. Gould Crofoot. OTHER CITY OFFICIALS PRESENT: Dick Brown, City Administrator; Virginia Cline, City Clerk; Knox Askins, City Attorney; Robert Cline, Director of Public Works; H. F. Freeman, Chief of Police and Jack Oliphant, Fire Chief. • PRESIDING: Mayor Smith. + + + Invocation was offered by Commissioner Sampson. 1. Motion by Comm. Kibodeaux, seconded by Comm. Thomas to approve the minutes of the regular meeting of October 11, 19'71 as presented. Motion carried by the following vote: AYES: Commissioners Thomas, Kibodeaux and Sampson. NAYS: None. ABSENT: Commissioner Crofoot. + + + r • 2. Mr. James Spradling addressed the Commission in regards to members of the Police Department being • ~ z Regular Meeting 10/25/~l - continued • called before the Grand Jury for questioning in connection to gambling in La Porte. Mr. Spradling asked if the public would be informed of this action. Mayor Smith stated that all Grand Jury testimony was secret and at this time the Commission did not know any more than the public, however the Assistant District Attorney had stated that the Commission would receive a report within two weeks after the Grand Jury adjourned. Mr. Spradling also spoke on the conflict of interest charges aimed at Mayor Smith. A lengthly discussion followed and the City Attorney presented his written opinion that the Mayor was not in violation of the city charter. (See Exhibit A) + + + 3. Mr. Decker McKim, President of the La Porte- • Bayshore Chamber of Commerce, addressed the Commission to request assistance from the city in finding a location for a proposed new Chamber of Commerce building. Mayor Smith stated that he was on the Board of Directors of the Chamber of Commerce, therefore he would excuse himself from the Commission during this discussion. Mayor Pro-Tem Kibodeaux presided during this discussion. The Commission assured Mr. McKim they would be willing to assist the Chamber of Commerce in any way possible to locate a site for the new building. + + + 4. Mayor Smith read correspondence from Harold Sabin, President of the La Porte Sports Association, requesting recognition from the city for the • service they are performing as a non profit organization. i 3 Regular Meeting 10/25/`71 - continued • The Commission agreed to send a letter of commendation to the Association for their outstanding work with area youth. + + + 5. Mr. Carl Lyon addressed the Commission in regards to the easement in question, on the northside of Crescent Shores and to request that something be done about the dogs that are being kept on the Bonner property, which are creating a nuisance as well as a health hazard. Mr. Askins stated that the question of the easement was not a city matter and should be resolved between the property owners. Mayor Smith stated that Chief Freeman was investigating the dog problem and something would be done to eliminate the situation. • + + + 6. Mr. Sam Goyen addressed the Commission in regards to the much needed street repairs in Crescent Shores. Commissioner Sampson assured Mr. Goyen that the streets would be black. topped in the very near future. + + + ~. Motion by Comm. Thomas, seconded by Comm. Kibodeaux to adopt Ordinance No. 896 as read. Motion carried by the following vote: AYES: Commissioners Thomas, Kibodeaux and Sampson. NAYS: None. ABSENT: Commissioner Crofoot. CAPTION: • AN ORDINANCE PRESCRIBING RATES FOR LA PORTS TAXI T Regular Meeting 10/25/71 - continued • COMPANY; CONTAINING A SAVINGS CLAUSE AND A REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. + + + 8. Motion by Comm. Kibodeaux, seconded by Comm. Sampson to adopt Ordinance No. 897 as read. Motion carried by the following vote: AYES: Commissioners Thomas, Kibodeaux and Sampson. NAYS: None. ABSENT: Commissioner Crofoot. • CAPTION: AN ORDINANCE PRESCRIBING STANDARDS FOR CONCRETE USED IN TFiE CONSTRUCTION OF DRIVEWAYS, SIDEWALKS AND PATIOS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF T~iIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS 0200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. + + + 9. Motion by Comm. Thomas, seconded by Comm. Kibodeaux to postpone for additional study discussion of a new junk car ordinance and that Mr. Askins be authorized to prepare an ordinance incorporat- ing new state laws. Motion carried by the follow- ing vote: AYES: Commissioners Thomas, Kibodeaux and Sampson. NAYS: None. • ABSENT: Commissioner Crofoot. + + + ~ i ~-- Regular Meeting 10/25/"]1 - continued • 10. Motion by Comm. Kibodeaux, seconded by Comm. Thomas to postpone for additional study construction of water and sewer lines in Fairmont Park west. Motion carried b,y the following vote: AYES: Commissioners Thomas, Kibodeaux and Sampson. NAYS: None. ABSENT: Commissioner Crofoot. + + + 11. Motion by Comm. Kibodeaux, seconded by Comm. Thomas to approve the contract with the City of Morgans Point for fire, ambulance and radio dispatching services. Motion carried by the following vote: AYES: Commissioners Thomas, Kibodeaux and Sampson. NAYS: None. ABSENT: Commissioner Crofoot. • + + + 12. Motion by Comm. Kibodeaux, seconded by Comm. Sampson to approve the appointment of Mary Johnson to the Bayshore Development Board. Motion carried by the following vote: AYES: Commissioners Thomas, Kibodeaux and Sampson. NAYS: None. ABSENT: Commissioner Crofoot. + + + 13. Mayor Smith excused himself from the Commission and Mayor Pro-Tem Kibodeaux presided for discussion of extending an eight inch water line along South Broadway to Crescent Shores. Mr. Leo Petrich, representing O'Meara-xush • Properties, addressed the Commission to request the city to extend the water line Regular Meeting 10/25/71 - continued • along Highway 146 to "R" Street. (See Exhibit B) Motion by Comm. Sampson, seconded by Comm. Thomas to postpone the discussion of the eight inch water line for additional study. Motion carried by the following vote: AYES: Commissioners Thomas, Kibodeaux and Sampson. NAYS: None. ABSENT: Commissioner Crofoot. + + + 14. Motion by Comm. Kibodeaux, seconded by Comm. Sampson to suspend the order of business to take up an item not on the agenda. Motion carried by the following vote: AYES: Commissioners Thomas, Kibodeaux and Sampson. NAYS: None. . ABSENT: Commissioner Crofoot. + + + 15. Motion by Comm. Kibodeaux, seconded by Comm. Sampson to approve change order No. 1 in the amount of $1,040.15 to Shuman Dirt and Ditching Service. Motion carried by the following vote: AYES: Commissioners Thomas, Kibodeaux and Sampson NAYS: None. ABSENT: Commissioner Crofoot. + + + y • o f Nov mb e , 1971. H. Carlos Smith, Mayor 16. Motion by Comm. Kibodeaux, seconded by Comm. Thomas that the meeting be adjourned. Motion carried. The meeting of the City Commi sion adjourned at 10:00 P.M. Approved this 1st day V' ginia Cline Cit Clerk i LAW OFFICES KNOX W. ASKINS • 122 S. BROADWAY P. O. BOX 1218 LA PORTE, TEXAS 7757 G BEEN FIELD I-1886 October 19, 1971 Hon. Mayor and City Commissioners City of La Porte P.O. Box 1115 La Porte, Texas 77571 Gentlemen: At the regular meeting of October 11, 1971, Mayor H. Carlos Smith stated that he has been employed by the owners of a tract of land situated within the corporate limits of the City of La Porte, to perform certain professional engineering and surveying services for said owners, in connection with a proposed multi-unit apart- ment project to be constructed on the property. Mayor Smith stated that he has no financial interest in the project, other than his employment as a professional engineer and surveyor, which is on a professional fee basis. The engineering and survey • work is being done for facilities to be built, owned, and main- tained by the owners of the property involved; any necessary engineering for facilities on City right-of-ways to connect to the subject property would be done by the City's consulting engineers. Then the plans and specifications for the apartment project are submitted to the City for issuance of a building permit, they should be referred to Mr. Dan Kennedy, building official, to ascertain if they meet all requirements of the applicable ordi- nances of the City of La Porte. Any questions or interpretations desired by Mr. Kennedy should be obtained from the City's regular consulting engineers. The amount of connection fees for utilities is established by city ordinances, and the amounts of such connection fees should be computed by the City's consulting engineers from the formulas contained in said ordinances. You have requested my opinion on the applicability of Section 13 of the Home Rule Charter of the City of La Porte, to this situation. Section 13 reads as follows; "Section 13. Qualifications. "The mayor and each commissioner shall be at least twenty-one (21) years of age and a resident citizen of the City of La Porte, and have qualifications of electors Exhibit A ~~ Hon. Mayor and City Commissioners - 2 October 19, 1971 • therein, and shall have owned real property in said city for a period of at least one year immediately prior to the date application is made for his name to be placed on the ballot. The mayor, commissioners, other officers and employees of the city shall not be indebted to the city; shall not hold any other public office and shall not be interested in the profits of any contracts, job, work or service for the municipality or interested in the sale to the city of any supplies, equipment, material or articles purchased; nor shall any of them be the owner of stock in any public utility or public service corporation within the city nor in the employ of any owner of stock in any public utility or public service corporation. Any officer or employee of the city who shall cease to possess any of the qualifications herein required shall forfeit his office or position and any contract in which any officer or employee shall or may become interested shall be declared void by the commission." (As amended, August 23, 1969) From the facts stated above, it appears clear that Mr. Smith would "not be interested in the profits of any contracts, job, or service for the munici ap lity. ." Further, it appears clear that Mr. Smit~oulTnot- e interested in the sale to the city of any supplies, equipment, material or articles purchased; ." • It is my opinion that the above quoted provisions of the Home Rule Charter of the City of La Porte do not preclude Mr. Smith from accepting employment from an owner of private property within the City of La Porte, to perform professional engineering and professional surveying services. Should any matters arise on this apartment project requiring action by the City Commission, it is my recommendation that Mr. Smith not participate in the discussion or vote by the City Commission. Yours very truly, ~ Knox W. Askins City Attorney xwA/fh O'MEARA - RUSH, A Joint Ven 4140 Southwest Freeway Houston, Texas 77027 October 25, 1971 City of Laporte Honorable Mayor Car~me.,Smith and City Commissioners RE: Alternate water service for Vista Baywood Apartments Gent Zemen: As developers of Vista Baywood Apartments in your city, we would plead with you to extend your water main dozen State Hwy 146 that we may make a connection at "R" Street to service our pro~jeet. We have heretofore been encouraged that the city would extend this line to serve our project and to give service to the subdivision to the South. We have presgat~y allocated $1,664.00 for this extension. The alternate route would cost an additional $3,044.00 which is in itself a severe penalty, but there are other disadvantages, namely: the land owasr8 to the north are reluctant to grant arl additional 5' easement as required and the alternate route would require a • stream erossing•of Little Cedar Bayou which is Zess desirable. We appreciate your help in the past and request yozr serious con- sideration of our need. I am, Sincerely, O'MEARA-RUSH, A Joint Venture ~" George B. sh, Sr. GBR/ea Exhibit B