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HomeMy WebLinkAbout1973-09-05 Regular Meeting0 0 • MINUTES - REGULAR MEETING OF THE LA PORTE CITY COMMISSION, LA PORTE, TEXAS SEPTEMBER 5, 1973 7:00 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor E. A. Thomas, Commissioners C. D. Christensen, A. Uel Price and C. D. Boyle. MEMBERS OF THE COMMISSION ABSENT: Commissioner Kibodeaux. OTHER CITY OFFICIALS PRESENT: Larry Broussard, Director of Finance; Virginia Cline, City Clerk; Knox Askins, City • Attorney; Robert Cline, Director of Public Works; H. F. Freeman, Chief of Police and A. J. Busch, City Engineer. PRESIDING: Mayor Thomas. Invocation was offered by Comm. Boyle. 1. Motion by Comm. Boyle, seconded by Comm. Price Minutes of to approve the minutes of the previous meeting previous of August 20, 1973 as presented. Motion carried meeting approved by the following vote: AYES: Commissioners Christensen, Price and Boyle. NAYS: None. ABSENT: Commissioner Kibodeaux. 40 P 0 0 • Regular Meeting 9/5/73 - continued 2. Motion by Comm. Price, seconded by Comm. Christensen to approve the accounts payable as presented, with the addition of the bill from Mr. Hugh Landrum in the amount of $3,750 which arrived too late to be included on the list, a copy of which is attached to and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Boyle. NAYS: None. ABSENT: Commissioner Christensen, Price and Kibodeaux. 3. Mr. J. R. Spradling, 3302 Valley Brook, addressed the Commission in regards to the flood insurance which was made available to the citizens of La Porte by the City Commission in 1970. Mr. Spradling stated he felt the insurance was too economical to be without, and if more people were aware of it being available to them, they would have it. Mr. Spradling also asked'.the Commissions co- operation in contacting the Harris County Flood Control in regards to their cleaning out the drainage ditch in Fairmont Park. Mayor Thomas stated the Commission would ask the Flood Control to clean out the ditch and pointed out to Mr. Spradling that at the time the flood insurance was made availabel, it was published in the newspaper and he felt the people had been informed of it, and that it was up to their insurance companies to acquire it for them. 4. Mr. J. L. Wyatt, Division Manager of Houston Lighting & Power Company,was present for the presentation of the ordinance increasing the rates for H.L.&P. Accounts payable approved J.R.Spradling address'es Comm.,re: Flood Ins. Request Comm. cooperation to get drainage ditch cleaned J.L.Wyatt Div. manager H.L.& P. re: rate increase 3 • Regular Meeting 9/5/73 - continued Motion by Comm. Christensen, seconded by Comm. Ord. No. 966 Price to adopt Ordinance No. 966 as read. adopted as read. Motion carried by the following vote: (Ord. granting rate increase AYES: Commissioners Christensen, Price and to H.L.& P.) Boyle. NAYS: None. ABSENT: Commissioner Kibodeaux CAPTION: AN ORDINANCE OF THE CITY OF LA PORTE, ADOPTING AND APPROVING THE RATE SCHEDULES TO BE KNOWN AS SCHEDULE RS-1 AND SCHEDULE MGS-1 SET FORTH IN EXHIBIT "A" AND EXHIBIT "B" AS ATTACHED HERETO AND MADE A PART HEREOF BY REFERNECE AND PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATES. 5. Motion by Comm. Price, seconded by Comm. Contract with Christensen to approve the City of La Porte Gov. approved • entering into the joint agreement with the for 8" water U. S. Government, represented in the agreement line to Airport by the National Guard Bureau, for construction costs of an eight inch permanent water line to the La Porte Municipal Airport. A copy of the agreement is attached to and made a part of these minutes. Motion carried by the following vote: AYES: Commissioner Chirstensen, Price and Boyle. NAYS: None. ABSENT: Commissioner Kibodeaux. 6. Motion by Comm. Price, seconded by Comm. H.G.A.C. to Christensen to approve the agreement authorizing be purchasing Houston -Galveston Area Council to be the purchasing agent for City agent for C.J.C. Funded radios and radio equipment for radios and whereby all city departments may purchase additional equipment through H-GAC at bid price. Motion carried by the following vote: • AYES: Commissioners Christensen, Price and Boyle. NAYS: None. ABSENT: Commissioner Kibodeaux. Regular Meeting 9/5/73 - continued • 7. Motion by Comm. Christensen, seconded by Comm. Payment #2 Price to approve partial estimate #2 to McKey to McKey Construction Company in the amount of $123,333.99 Const. Co., for work completed on the water and sewer extensions authorized to the northside. Motion carried by the following vote: AYES: Commissioners Christensen, Price and Boyle. NAYS: None. ABSENT: Commissioner Kibodeaux. 8. Motion by Comm. Boyle, seconded by Comm. Price Ord. No. 967 to adopt Ordinance No. 967 as read. Motion adopted as carried by the following vote: read(Ord. closing AYES: Commissioners Christensen, Price and portion of Boyle. "D" St., as NAYS: None. requested by ABSENT: Commissioner Kibodeaux. Carlos Smith_ • CAPTION: AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF EAST "D" STREET; AND PROVIDING AN EFFECTIVE DATE HEREOF. 9. Motion by Comm. Price, seconded by Comm. Bids to be Christensen to advertize for and accept bids received for on October 1, 1973 at 7: 00 p.m., for the water line construction of an eight inch water line to the to Airport La Porte Municipal Airport. Motion carried by the following vote: AYES: Commissioners Christensen, Price and Boyle. NAYS: None. ABSENT: Commissioner Kibodeaux. 0 • • • Regular Meeting 9/5/73 - continued 10. Motion by Comm. Boyle, seconded by Comm. Christensen to ratify the agreement with Mr. J. D. Lawler for water and sewer mains to his property in the 1000 block of North 9th Street. A copy of the agreement and a plat of the property is attached to and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Boyle. NAYS: None. ABSENT: Commissioner Christensen, Price and Kibodeaux. 11. Mayor Thomas stated that Mr. George Sharp, Jr., was given thirty (30) days at the August 6, 1973 Commission Meeting to determine to his satisfaction if his house was eight feet in the right-of-way of West "J" Street and the thirty day period would expire tomorrow, September 6, 1973 and the Commission should determine at this meeting if the letter discussed previously should be sent to Mr. Sharp. Motion by Comm. Christensen, seconded by Comm. Boyle authorizing the City Attorney to send the original letter to Mr. Sharp with a cover letter from the City Attorney stating that Mr. Sharp is to return the letter within seven(7) days. Motion carried by the following vote: AYES: Commissioners Boyle. NAYS: None. ABSENT: Commissioner Christensen, Price and Kibodeaux. 12. Motion by Comm. Price, seconded by Comm. Boyle that the meeting be adjourned. Motion carried Agreement with Lawle on water & Sewer main Letter to Geo.Sharp,Jr. Re: house being in "J" St. r-o-w The meeting of the City Commission was adjourned at 7:55 p.m. r Passed and approved this Vi Inia Cline, City Clerk the 17th da of Sept. 1973 E. A. Thomas, Mayor Passed and approved this Vi Inia Cline, City Clerk the 17th da of Sept. 1973 E. A. Thomas, Mayor ��• SCHEDULE OF ACCOUNTS PAYABLE Submitted for Approval at the September 5, 1973 Meeting, City Council, 7:00 PM CREDITOR DESCRIPTION Admiral Linen Service Ad Valoram Records Ad Valorem Records Jim Ball Motors Binswanger Glass Co. The A.Bailey Co. Barret & Johnson Bay Can Rentals Baytown Communications Coastal A/C & Htg. Thomas E. Cockrell Dictaphone Corp. Dixie Chemical Co. Arthur Dooley Co. Gesi^ner Corp. Guli States Asphalt Gulf Oil Co. Hall Signs Houston Light & Power Houston Natural Gas Corp ,Hughes Office Supplies Hunts Paint & Body Shop Internation Harvester I B M Jones Supply Co. Keown Supply Co. Key Photo ,Knapp CHeverolet Koenig Iron Works La Porte Carpet Co. Lumus Baytown Dodge Jay Marks Cheverolet Frank Glass Mi.nimax Miracle Rec. Equipment M i nr'";ota Mining & Mfg. Oak Forest Tires Oats Roofing Co. Parker Bros. Co. Pfeiffer -Gambrel) Co. Polker Welding Co. Radcliff Materials Inc. Reader Plumbing The Rohan Co. 11 S & H Maintenance Co. C.W. Sayer Art °mons SCM• -jrp Southern BUiiding Code Standard Coffee Service Southwestern Bell Telephone AMOUNT Linen & Uniform Service $ 541.96 Labels billings - 72.90 Water Billings 338.08 Parts 119.98 Windshield 78.66 Parts 11.66 Insp. 2.00 Rental 90.00 Repair 15.00 A/C/ Repair & Parts 135.00 Garbage Pick up 76.00 Equipment 9,509.49 Chemicals 296.00 Hose 119.94 Paper 52.90 RC-2 89.87 Gasoline 713.90 Blank Signs 56.32 Service 2,336.32 Service 57.42 Supplies 225.07 Painting Fire Truck 374.50 Brake Repair 79.34. Typewriter & Maint. Agreement 581.32 Parts 4,175.13 Asphalt 1,037.65 Supplies 62.32 Parts 53.78 Parts 108.06 Repair - 45.00 Parts & Repair 92.68 Parts 11.6 4 Misc. Supplies 70.42 Park Equipment 181.50 Signs 86.00 Tires 569.72 Sheet Roofing 15.00 Sand & Gravel 1,151.89 Parts & Repair 169.75 Iron 5.70 Asphalt Topping 2,808.36 Drinking Fountains 147.00 Parts' * . ' 40.45 Radio Parts & Repair 116.00 Window Installation 87.50 Misc. Supplies 834.00 Typewriter Repair 95.00 Pampiets 20.67 Coffee Supplies 75.40 Service 39.41 Continued Page 2 Accounts Payable Sep bar 5, 1973 Creditor DESCRIPTION AMOUNT TCF Associates Valves $ 150.00 Ted's Auto Supply Co. Brank Band 3.00 TIFCO Industries Parts 94.38 Texas Dept. of Corrections Supplies 23.75 TExas Fire & Safety Recharge Fire Ext. 21.00 Texas Surplus Property Agency Misc. 21.40 R.E. Turrentine Judgment 1.50 United Rent -All Rent Equip. 60.00 Utility Supplies Parts 333.16 T.L. Walker Bearing Chain 63.30 Walker Dump Truck Service Sand 120.00 Western Pipe & Supply Co. Hydrant 269.75 • 0 U • 0 ' STATE OF TEXAS ADJUTANT GENERAL'S DEPARTMENTF Post Office Box 5218 Austin, Texas 78703 IOLY TO AWN OF: AGTEX-ARM 1 August 1973 SUBJECT: Joint Participation Agreement TO: Honorable E.A. Thomas, Major of the City of La Porte, Texas 1. Attached Joint Participation Agreement between the city of La Porte, Texas, and the U.S. Government, represented herein by the National Guard Bureau, is hereby forwarded for your review and consideration. 2. As has been discussed previously between your city re- presentatives and Captain Smith of this headquarters, this agreement purposes to set forth the responsibilities of both parties for participation in construction costs of some 4000 LF of eight -inch permanent water line which will jointly benefit the city of La Porte as well at the 272nd Electronics Squadron Armory facility located adjacent to the La Porte Municipal Airport. Recommend approval of the attached Joint Participation Agreement which provides for the Government to share in the construction costs of this water line in an amount not to exceed $9000, or 30 percent of the cost of the • project, whichever is less. FOR THE ADJUTANT GENERAL OF TEXAS 1 VERNON M. SCOFIEL 1 Atch Colonel, NGB a/s USPFO for Texas r� U I • 0 JOINT PARTICIPATION AGREEMENT • THIS AGREEMENT, made and entered into this 5th day of Segtember , 191l—, by and between the City of LaPorte, State of Texas, Party of the First Part, hereinafter referred to as the "CITY," and the United States of America, Party of the Second Part, represented herein by the National Guard Bureau, Departments of the Army and the Air Force, acting by and through the United States Property and Fiscal Officer for the State of Texas, a contracting officer of the United States of America, hereinafter referred to as the "GOVERNMENT". W I T N E S S E T H: WHEREAS, the CITY desires to construct an 8" water main to service both the ANG Facility, The Municipal Airport and various other public users located at La Porte, Texas; and WHEREAS, the GOVERNMENT desires to participate in the anticipated costs of construction of such water main for the purpose of servicing such of its facilities as appropriate. WHEREAS, the CITY is writing to contract for this project and bear the cost of such project to the extent that local funds are available and soon is in a position to fix the extent of its participation herein; and WHEREAS, the initial estimated cost of such project is itemized as follows: 4000 LF of 8" water line. Total cost $30,000. WHEREAS, the initial estimated cost of subject project is $30,000, the GOVERNMENT has agreed to assist the CITY in the amount of $9,000, or • 30 percent of the estimated cost of the project, whichever is less, and the GOVERNMENT has programmed from funds budgeted for the use and adminis- tration of National Guard Bureau an amount not to exceed 30 percent, or $9,000, whichever is less. The CITY has committed $21,000 or approximately 70 percent to provide for the remaining costs of the project; and WHEREAS, it is agreed that the GOVERNMENTS share,of participation is limited to construction costs only and excluded such items as engineering costs, including design, advertising, supervision, inspection, soils investigation and all required testing. WHEREAS, the parties desire to reduce their understanding to writing in agreement form setting forth their respective duties and obligations so that the aforesaid project may be accomplished in an orderly and expedi- tious manner; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and agreements herein contained, the parties hereto do hereby agree as follows: THE CITY AGREES: 1. That it has coordinated with representatives of the National Guard Bureau for the purpose of establishing the exact design criteria and scope of work to be detailed in plans and specifications. 2. That it will at its own cost and expense and independent from its contributions set forth herein forthwith prepare and submit to the National 0 Guard Bureau for approval of plans, specifications and cost estimates for • the accomplishment of the aforesaid project. 3. That it will advertise for bids, prepare and award the appropriate construction contract. 4. That it will require the construction contractor to furnish a bond of such type and in such amount as will adequately secure the faithful performance of the contract and which will adequately protect the parties hereto to the extent of their respective contributions toward the cost of such construction quaranteeing faithful performance of such bond to the National Guard Bureau. 5. That it will authorize surveillance and inspection from time to time during construction by an agent of the National Guard Bureau to assure conformance with plans and specifications. 6. That no changes or change orders will be accomplished pursuant to the construction contract unless reduced to writing and approved by the National Guard Bureau or its designated representative. 7. That upon completion of the work it will furnish an invoice to the United States Property and Fiscal Officer of the State of Texas certifying the amount due. Such invoice shall serve as the basis for preparation of payment vouchers and shall be in such form as is satisfactory to the GOVERNMENT; . 8. and warrants that it has duly appropriated or will otherwise make available from local funds for timely disbursement, under the terms of the contract, $21,000 as its share of the cost of the proposed project. • THE GOVERNMENT AGREES: And warrants that it has programmed and budgeted from funds administered or to be administered by the National Guard Bureau the sum of $9,000 as its share of the cost of the proposed project, and subject to the availability of such funds and satisfactory performance by the contractor, will make periodic payments as directed by the CITY in proper proportion to the per- centage of completion of the project as certified in the inspector's certi- ficates required in paragraph 8 above. THE PARTIES MUTUALLY AGREE: 1. That in the event the contract award is made for less than the total anticipated cost of the proposed project each of the contributing parties shall have the benefit of a reduction of its committed contribution equal to the aforestated percentages of the total reduction, to wit: the CITY, LaPorte; and the GOVERNMENT, National Guard Bureau. 2. That in the event a bid from a qual.ified construction contractor equal to or less than the total anticipated cost of the proposed contract 0 • • 0) is not available, each of the parties hereto may at its option be relieved • from each and every one of its obligations, hereunder and in that event shall forthwith make every reasonable effort to negotiate a new agreement with the other party looking toward the ultimate accomplishment of the proposed project. 3. That any construction contract or subcontract entered into for accomplishment of the subject project shall include officials not to benefit, Davis -Bacon Act, Contract Work Hours Standards Act —Overtime Com- pensation, Equal Opportunity and other applicable standard clauses required to be included by Federal law or regulation when Federal Funds are contri- buted. 4. That all correspondence or supplemental documents pertaining to this Agreement addressed to either party from the other, shall be accom- panied by sufficient number of copies for retention by each of the following offices, hereby agreed to be included in the channel of communi- cations: (a) The Adjutant General, State of Texas (b) The USPFO for the State of Texas (c) NGB/DE, The Pentagon (d) NGB/JA, The Pentagon (e) Office of the City Attorney 5. That this Agreement shall terminate and be of no further force or effect upon the expiration of three years from the date hereof, upon the completion and acceptance of the construction project or upon receipt of • notice by either party hereto that the anticipated funds are not available from any contributing party. C 6. That this Agreement shall be subject to the approval of the Chief, National Guard Bureau, or his duly authorized representative, and shall not be binding upon the parties hereto unless and until so approved. 7' • • • IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the dates indicated. DATED this 5th day of September. 1973 APPROVED AS TO FORM AND LEGALITY: THE CITY OF La Porte, Texas A f i BY 4-0 Knox W. Askins E. A. Thomas City Attorney A TEST TO: 'Virginia Cline City Clerk City Mayor THE UNITED STATES OF AMERICA BY Rank, NGB USPFO for the State of APPROVED FOR THE CHIEF, NATIONAL GUARD BUREAU This day of 0 CITY OF LA PORTE COMMERCIAL PETITION FOR EXTENSION OF WATER AND SEWER MAINS NAME OF PERSON MAKING REQUEST: John D. Lawler STREET ADDRESS: 1400 Block No. 759 th Street (No. Hwy 146) LEGAL DESCRIPTION OF PROPERTY: Block 28, Nebraska Syndicate (Part) (Approx. 11.703 Acres) 509,773 sq. t. = 45- 120 t. qx. FEES Water Extension - $1.50 per 120 Sq. Ft. $1.50 x 4,248 = Water Tap - $U;&AA8x One (1) 2" Meter TOTAL WATER • Sewer Extension - $2.50 per 120 Sq. Ft. $2.50 x 4,248 = Stack Fee - $75.00 7 Taps = Inspection Fee - $5.00 7 Inspections TOTAL SEWER COMBINED TOTAL WATER 8 SEWER APPROVED: City Engineer: Commissioner: 0 -# 7 �'Z-' 6,372.00 375.00 105620.00 525.00 35.00 6,747.00 11,180.00 $17,927.00 Date of Request Aug . 21, 1973 Date of Payment Aug. 21, 1973 Receipt Number 18726 Date Completed .. , .. ., ... .. ... . , .. .. .. ... _ _ .. _ _ - �y., _ _ ., . _ .. � .. r �.�. ,�,..... .. _ _ .. . _ _ .. P 6�2 • Regular Meeting`9/5/73 - continued 2. Motion by Comm. Christensen, seconded by Comm. Accounts Boyle to approve the accounts payable as presented, Payable a copy of which is attached to and made a part Approved of these minutes. Motion carried by the following vote: AYES: Commissioners Boyle. NAYS: None. ABSENT: Commissioner Christensen, Price and Kibodeaux. 3. Motion by Comm. Price, seconded by Comm. Eugene Hovey Christensen that Eugene Hovey, CPA, be hired to do hired to do the annual audit for the fiscal annual audit year of 1972-73. Motion carried by the following vote: AYES: Commissioners Christensen, Price and Boyle. • NAYS: None. ABSENT: Commissioner Kibodeaux. 4. Mayor Thomas stated that the end of the fiscal Surplus funds year, there would be surplus monies in the general at end of fund amounting to approximately $215,000.00 and fiscal year his recommendation was for the money to be used to extend water and sewer service to residents in the area east of old Highway 146, and which was annexed to the City in December, 1969. Comm. Price stated he agreed that water and Comm. Price sewer service should be extended to these ask for new residents, but he felt like there was one car for the item of equipment that should be purchased Dir. of P.W. from the surplus funds and that was an air conditioned car for the Director of Public Works. Comm. Price stated he felt that Mr. Cline was a city ambassador and quite often has visitors that he has to ride about and the only transportation Mr. Cline has is a pickup truck and that he (Comm.Price) only • wanted enough money out of the surplus to buy the car. 5 0 0 • Regular Meeting 9/5/73 - continued Mayor Thomas stated it would be up to the Commission as to how the money was spent. Discussion was held on the expenditure of the funds. Comm. Boyle stated the Fire and Police Departp ments needed more money for their communications systems. Comm. Christensen stated the residents in question had been in the City for nearly four years and were entitled to water and sewer service. Discussion held on expenditur of funds Motion by Comm. Price, seconded by Comm. Boyle Expenditur- to encumber the surplus funds, with the expenditure to be det- of the funds to be determined in a work shop meeting. ermined in Motion carried by the following vote: work shop AYES: Commissioners Christensen, Price and Boyle. NAYS: None. ABSENT: Commissioner Kibodeaux. • + + + 5. Motion by Comm. Christensen, seconded by Comm. Price that the regular meeting of October 15, 1973 be changed to October 17, 1973 so that tje City of La Porte may host the monthly meeting of the Gulf Coast Wastewater Association. Motion carried by the following vote: AYES: Commissioners Boyle. NAYS: None. ABSENT: Commissioner Christensen, Price and Kibodeaux. Regular date of meeting changed 6. Mr. Askins stated an anonymos gift of securities Anonymos gift having a market value of approximately $10,000.00, to Library had been donated as a gift to the Library Building Fund. He read the letter from the donator and asked Commission approval to the agreement as stated • in the letter. Motion by Comm. Boyle, seconded by Comm. Christensen that Mayor Thomas be authorized to sign the letter of agreement for the donation, a copy of the letter is attached to and made a part of these minutes. 4 • • • • Regular Meeting 9/5/73 - continued Motion carried by the following vote: AYES: Commissioners Christensen, Price and Boyle. NAYS: None. ABSENT: Commissioner Kibodeaux. 7. Mayor Thomas stated there were some drainage Drainage at problems at new commercial building sites. new commercial He stated that proper drainage was not being buildings installed and the city should have better control discussed on the type of drainage being installed. Mr. Cline recommended that builders be required to file plans for proper drainage at the time a building permit is issued and that these plans be checked by the city engineer and the public works department. Mr. Askins stated that the City could require this to be done by Commission action. Motion by Comm. Christensen, seconded by Comm. Price that on all permits issued for commercial buildings, plans for drainage be submitted for the engineer's approval and a copy filed with the Public Works Department. Motion carried by the following vote: AYES: Commissioners Christensen, Price and Price. NAYS: None ABSENT: Commissioner Kibodeaux. Drainage plans to be submittr- for engineers approval 8. Motion by Comm. Price, seconded -'.by Comm. Christensen that the meeting be adjourned. Motion carried. The meeting of the City Commission was adjourned at 7:42 p.m. Passed and approved this Vi inia Cline, City Clerk lst day of October, 1973.