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HomeMy WebLinkAbout1974-03-04 Regular Meeting. • • MINUTES - REGULAR MEETING OF THE LA PORTE CITY COMMISSION, LA PORTE, TEXAS MARCH 4, 1974 7:00 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor E. A. Thomas, Commissioners C. D. Christensen, I. J. Kibodeaux, A. Uel Price and C. D. Boyle. MEMBERS OF THE COMMISSION ABSENT: None. OTHER CITY OFFICIALS PRESENT: Virginia Cline, CityClerk; Knox Askins, City Attorney; Robert Cline, Director of Public Works; H. F. Freeman, Chief of Police and A. J. Busch, City Engineer. ALSO PRESENT: Will Sears, Special Counsel for the City. PRESIDING: Mayor Thomas. + + + Invocation was offered by Comm. Kibodeaux. 1. Mayor Thomas stated the Commission would meet in Executive Executive Session under Section 2(e) of Article Session 6252-17 VATS. The regular meeting of the Commission was Meeting reconvened at 7:40 p.m. Reconvened Mayor Thomas stated the setting for the lawsuit Lawsuit against against Southern Pacific Transportation was for Southern Pacif?~ March 11, 1974 and attorneys for the City of La Porte and for Southern Pacific have been in • z ~ • Regular Meeting 3/4/74 - continued conferences recently, negotiating terms for Mr. Will SEars a settlement. Mayor Thomas introduced Mr. gives report on Will Sears, special counsel for the City of status of law- LA Porte. Mr. Sears read the terms being suit negotiated, a copy of which is attached to and made a part of these minutes. Mayor Thomas stated the Commission had agreed Comm. agrees to to pass the present setting and had authorized pass trawl sett- Mr. Sears to continue with the negotiations. ing + + + 2. Motion by Comm. Kibodeaux, seconded by Comm. Minutes of Boyle to approve the minutes of the previous previous meeting meeting of February 21, 1974 as presented. approved Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price and Boyle. NAYS: None. • + + + 3. Motion by Comm. Boyle, seconded by Comm. Accounts payable Price to approve the accounts payable as approved presented, a copy of which is attached to and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price and Boyle. NAYS: None. + + + 4. Mr. Craig Cantey addressed the Commission and Craig Cantey asked the Commission to consider passing an Visitor, address ordinance setting erosion prevention standards Comm. re: water- for waterfront property. Mr. Cantey also asked front erosion & about getting junk cars removed from vacant Sunk car removal property and about amending the zoning ordinance to prohibit front yard car repair shops. • 3 • • • Regular Meeting 3/4/74 - continued Mayor Thomas stated the city has a junk car ordinance, but it is difficult to enforce as there is no place to store the cars, which have to held for thirty days before being disposed of. + + + 5. Mrs. Lillie Montgomery of Harris County Community Action, addressed the Commission and stated she was speaking for the senior citizens, as there were a number of things they were in need of and asked if the city would help in obtaining some of them. Mrs. Montgomery HCCA addresses t1_^_= Comm. re: senior citizens needs Mayor Thomas stated other cities in this area should be contacted regarding these needs and that the City of La Porte was willing to do its share. • + + + 6. Motion by Comm. Kibodeaux, seconded by Comm. Ordinance 981 Christensen to adopt Ordinance No. 981 as read. adopted as read Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price and Boyle NAYS: None. CAPTION: AN ORDINANCE AMENDING ORDINANCE NO. 980, Ordinance setting "AN ORDINANCE CALLING THE REGULAR ANNUAL date for run-off ELECTION OF THE CITY OF LA PORTE; CALLING election A RUN-OFF ELECTION, IF NECESSARY;. " AND PROVIDING AN EFFECTIVE DATE HEREOF. + + + 7. Motion by Comm. Price, seconded by Comm. Bid for garbage Boyle to accept Mr. Cline's recommendation packer unit and award the bid for the garbage packer body awarded to Pak- • and handling device to the Pak-Mor Manufactur- Mor Mfg. ing Company in the amount of $9,600.00. ~ • • Regular Meeting 3/4/74 - continued Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price and Boyle. NAYS: None. + + + 8. Motion by Comm. Price, seconded by Comm. Street light @ ~~ ~~ Kibodeaux to approve the installation of Broadway & A a street light at S. Broadway and West "A" Approved Streets. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price and Boyle. NAYS: None. + + + • 9. Motion by Comm. Kibodeaux, seconded by Comm. Change order Christensen to ratify authorizing the city on water line engineer to prepare a change order for the on Catlett Ln. installation of the water line on Catlett Ln. ratified Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price and Boyle. NAYS: None. + + + 10. Motion by Comm. Price, seconded by Comm. Mayor authorized Boyle that after the contract for engineering to sign contract services at the airport has met FAA approval, for engineering Mayor Thomas be authorized to sign the contract service's at with Busch-Hutchision & Associates, Inc. Motion airport carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price and Boyle. NAYS: None. • + + + • Regular Meeting 3/4/74 - continued 11. Motion by Comm. Kibodeaux, seconded by Comm. Approval of Christensen to approve the changes in the employee rule employee rules, a copy of which is attached changes to and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price and Boyle. NAYS: None. + + + ;~ 12. Motion by Comm. Kibodeaux, seconded by Comm. 1973 edition of Christensen to approve adopting the 1973 Southern Standard edition of the Southern Standard Mechanical Mechanical Code Code and for the city attorney to prepare adopted an ordinance for passage at the next meeting. Motion carried by the following vote: AYES: Commissioners Christensen, Kibodeaux, Price and Boyle. NAYS: None. + + + 13. Motion by Comm. Kibodeaux seconded by Comm. Christensen to authorize Mayor Thomas to sign the letter intent, a copy of which is attached to and made a part of these minutes, with Reed and Clements, Archistects, for the proposed addition to the Library Building. Motion carried by the following vote: Mayor authorized to sign letter of intent with Reed & Clements,Architect= AYES: Commissioners Christensen, Kibodeaux, Price and Boyle. NAYS: None. + + + .7 14. Motion by Comm. Kibodeaux, seconded by Comm. Approval to adv.& Price to advertise for and accept bids for accept for front a used front end loader on March 27, 1974 end loader at 7:00 p.m. Motion carried by the following vote: b • • Regular Meeting 3/4/74 - continued AYES: Commissioners Christensen, Kibodeaux, Price and Boyle. NAYS: None. + + + 15. Comm. Price stated there would be a public Work shop called hearing on March 22, 1974 before the Texas for Mar.13,1974 Quality Water Board regarding the regional waste collection system and he would like for the Commission to meet in a work shop before the public hearing to discuss the matter. Mayor Thomas and the Commission agreed to have a work shop on March 13, 1974. • + + + 16. Motion by Comm. Kibodeaux, seconded by Comm. Meeting adjourned Price that the meeting be adjourned. Motion carried by the following vote: AYES: Commissioners Chirstensen, Kibodeaux, Price and Boyle. NAYS: None. The meeting of the City Commission was adjourned at 8:22 p.m. Vi inia Cline, City Clerk Passed and approved this the 18th day of March, 1974. E. A. Thomas, Mayor • _~ ~~\ ~~ SCHEDULE OF ACCOUNTS PAYABLE ~. Submitted for Approval at the March 3, 1974 Meeting, City Council, 7:00 PM CREDITOR ~, ~ DESCRIPTION ~ ~~ ~~~~~ ~ AMOUNT Archer, Perry for R. E. Turrentine $ 1.50 Allen, Paul E. Company trash receptacles 87.50 Bente, Ted Interiors hose bed covers Briggs Weaver ~ shelves Brown & Root supplies Burkett Motors parts Burstein Applebee Co. parts Busch, Hutchison & Assoc. services Carter, R. Bruce Agent Central Freight Lines Cleveland Cotton Products Cockrell, Thomas E. Coastal ~/C & Htg. Co. PAP freight on medical equip. supplies garbage pick-up - Lomax repairs Dixie Chemical Co. Dunn, Nelson E. Dr. Eagle Pipe Supply Houston Medical Gas Houston Natural Gas Houston Lighting & Power Hydra-Lok Johnson, B.P. Truck Service K & D Lawnmower L & L Engraving Leonard Corporation Lumus Baytown Dodge Martin, James Mainland Tire & Appliance. Minimax Parker Brothers & Co. .Pfeiffer Gambrell Rohan Co. Safety Lights Co. .Sharp Grain St'~dard Coffee Service Stephens - Baker Insurance Texas Marine & Industrial Tifco Industries Texas Department of Corrections Thompson, G. A. Co. Utility Supply Co. West Publishig ,Westinghouse chemicals physicals supplies gases services services fire hydrants supplies services mower parts plaque engraved shoulder patches repairs trim painting parts & service supplies concrete supplies supplies lights & barricades dog food service & supplies insurance supplies supplies parlor brooms service copper tubing supplies suppl ie s 164.48 139.65 1,322.11 59.51 9.30 356.30 412.77 6.25 90.28 80.00 137.00 296.00 28.00 561.93 9.00 153.53 143.94 511.80 220.00 57.87 30.90 10.00 436.96 92.00 231.40 36.80 104.35 624.75 203.9$ 10.00 8.74 32.18 30.00 101.85 30.50 20.25 102.50 294.40 34.00 85.93 .,-~ C~ STATUS OF THE LAWSUIT ~~ The City filed this suit against Southern Pacific Transportation Company and its contractor, Dahlstrom Corpo- ration, in August, 1973, for injunction against the continued construction of a switchyard on the following grounds: 1. The zoning ordinance of the City does not permit a switchyard, although it allows other railroad facilities. Southern Pacific claims that no zoning ordinance is applicable to any of its operations. 2. The City claims that North "L" Street ex- tends across the tract being used as a switch- yard and that Southern Pacific has not obtain- ed a franchise to cross the street with its • tracks. Southern Pacific admits that it has no franchise but claims that no street exists at this point. Alternatively, the City seeks to condemn the strip as a street, and the railroad seeks to condemn the strip for railroad purposes. Each denies that the other has the power of condemnation under the circumstances. 3. The City also contends that the railroad is using North "P" street without a franchise and, here, the railroad contends that it had a prior permission from the Commissioners Court. The City denies that this permission has any validity so far as the City is con- cerned. The railroad admits the existence of this strip as a street and alternatively seeks to condemn it and the City denies the power of condemnation by the railroad. • The Court has already ruled that Southern Pacific cannot defend this suit on the basis of any claimed delay by the City in bringing suit to enforce the zoning ordinance or to enforce the public's rights in the streets; and it has also ruled that Southern Pacific is free to press its claim that the City's alternative right of condemnation should be denied under the circumstances and is free to press its alternative claim of its right to condemn both streets for railroad use. Numerous depositions of witnesses have been taken and interrogatories answered. In order to back up its claim that North "L" Street exists as a dedicated public • street, special counsel for the City has obtained certified copies of over 80 instruments from the Deed Records and filed them in the papers of this case. Several appearances have been made in Court, and arguments presented concerning law points. -2- • March 4, 1974 Attorneys for the City of La Porte and for Southern Pacific Transportation Company have been in conferences recently, concerning the feasibility of settlement of the lawsuit. This has progressed to a point where the firm of Baker & Botts (representing Southern Pacific Transportation Company) has proposed to Mr. Will Sears, Special Counsel for the City of La Porte, that the parties file an agreement to pass the March 11, 1974 setting. This was accompanied by a representation on behalf of Southern Pacific to the City Commission that officials of Southern Pacific sincerely believe that the items described below may form a basis for a realistic settlement of this lawsuit and that Southern Pacific is prepared to go forward with • negotiations with the City with the view toward making a recommendation to Southern Pacific's management for con- sideration based on these negotiations. No settlement is final at this time, as neither the City Commission nor the management of Southern Pacific have entered into a binding agreement as to the exact terms upon which the case will be settled. However, upon the representations made and upon the recommendation of the City's special counsel, the City Commission has agreed that the case should be passed at its setting on March 11, 1974 in order that negotiations for settlement may continue. The items of settlement being negotiated are as follows: a. The construction by Southern Pacific, at its entire cost and expense, of an overpass of sufficient width to accommodate four normal traffic lanes, to be con- structed at the Spencer Highway - Main Street intersection with Southern Pacific's main line. If final terms of settle- ment are reached, duly approved by the City Commission and • • • • the authorized executives of Southern Pacific, it is con- templated that preliminary design, soil borings and testing will commence as soon as possible and that final design plans and specifications will be prepared, reviewed and ap- proved, in time for a contract-letting, not later than one year from date of settlement. b. Southern Pacific to recognize the existence of North "L" Street across Southern Pacific's property as an overpass only, on the basis that, when and if a major thoroughfare is constructed at this location, the only feasible and safe method of construction across the rail- • road classification yards and tracks will be by street over- pass. Accordingly, the easement for street and overpass pur- poses will be established at a height of 22.5 feet above the top of the rails. Southern Pacific's only obligation wi 11 be to provide the necessary arrangement of its railroad and facilities and structures to accommodate the piers for this overpass, when and if it is built by the appropriate governmental authority. It is contemplated that Southern Pacific is to agree, in the final settlement, to donate an additional 120 feet in addition to the existing 80 feet of North "L" Street. Note: North "L" Street has been shown for ten years on the Major Street Plan of the City of La Porte • -2- . • • and for about twenty years on the Major Thoroughfare Plan of the Houston Planning Commission's County-wide Plan. City of La Porte has no present plans for construction of this overpass because large portions of this projected thorough- fare are outside of the City of La Porte; and the City does not contemplate construction of this overpass or this thor- oughfare, as a City project alone, nowt or in the future. This part of the projected settlement is to keep the public's planning options open. If an appropriate governmental agency or combination of agencies (federal, state, county or city) does not complete this overpass within ten years, the ease- • ment will terminate. c. The final settlement decree to permit the completion of the classification yard in the present loca- tion as an exception to the zoning ordinance. d. The City to agree that Southern Pacific may maintain the four switch tracks constructed at North "P" Street at their present location but, since the feasibility of maintaining a street with this number of tracks across it is somewhat doubtful, the City will undertake to consider the propriety and public interest involved in vacating and abandoning the portion of North "P" Street crossed by the tracks. c: -3- • • ~e. Southern Pacific to construct and maintain a chain link fence (not less than 6 feet in height) around the yard and to plant and maintain a visual screen outsYde of of such fence/appropriate shrubbery and trees. Southern Pacific to undertake, in accordance with accepted railroad practices, to provide for all reasonable and proper safety measures in regard to the operation of the yard. The con- templated design now provides, to the greatest extent reasonably possible, for reduction in the sound of the moving cars. f. Southern Pacific to agree to pay to the • City of La Porte a sum equal to all legal fees and asso- ciated expenses actually incurred by the City in the prosecution and filing of the lawsuit. Southern Pacific's attorneys have pointed out, and the City's attorneys agree, that if settlement later proves impossible, another preferred setting can always be secured. Since the Court has already ruled that Southern Pacific does not have available the defense alleging delay by the City in either bringing or prosecuting the suit, Special Counsel states that the City will not be prejudiced by agreeing to pass the present setting. -4- r • ~ ,,.,,. ~~ PHONE ( 713 ) 47 Y .5020 • • hiAR ~' i~I~~ ' ~Y~ • P. O. QOx 1115 • LA PORTE, TEXAfi 77571 March 4, 1974 Reed and Clements, AIA, Architects and Planners 714 - 7th Avenue No. Texas City, Texas 77590 Gentlemen: Several years ago, your firm furnished architectural services for the construction of the City of La Porte Public Library. The City of La Porte is now contemplating expansions to the • library building. We are in receipt of your proposed "Standard Form of Agreement Between Owner and Architect," AIA Document B131, dated January 25, 1973 (74?), being a proposed agreement between the City of La Porte, Texas, as owner, and your firm, as architect. At this time, the City of La Porte does not wish to make a mon- etary commitment in excess of $750.00 on this job. We therefore propose the following: (1) The City of La Porte will pay Reed and Clements, AIA, Architects and Planners, a fee of $750.00 for initial schematic plans and brochures. (2) In the event that these schematic plans, as pre- sented by your firm, meet with the approval of the City of La Porte City Commission, and also the City of La Porte Library Board, the City of La Porte undertakes to commit to hiring your firm, based on your proposed agreement as sub- mitted, to furnish architectural services for said building, if said building is actually constructed. We wish to emphasize that the • Reed and Clements, AIA, Page 2 Architects and Planners March 4, 1974 actual construction of the building has not yet been authorized. Actual construction of the building will depend, among other things, on the success of a fund raising drive within the La Porte Bayshore community. (3) This letter of agreement will be valid for a two-year term. If this proposal meets with your approval, please signify your approval by signing and returning to us a copy of this letter, retaining the original copy as your copy of the agreement. Yours very truly, CITY OF LA PORTS By ~ G~(/~ E. A. Thomas, Mayor For the City Commission EAT:jm ACCEPTED AND AGREED: REED AND CLEMENTS, AIA, ARCHITECTS AND PLANNERS By .~-, Ly S. Reed, Partner • TO: F,11 City Employees DATE : March 3 , 1974 FR02~: Larry L. Broussard SUBJECT: Change in Employee z?ules ' As of P~onday, March 3,1974, the City Commission of thc: City of La Porte voted to make these changes in the Employee Rules. The changes are as follo~~s: On page 3 of. the attached sheets the changes being under holidays. Thanksgiving being ch~-~nged to read 4th Thursday and Friday in November instead o£ last Thursday and Fridaa in l+Tovember. This change is due to typographical error in original. Due to a problem that exists ~4 has been ~.dded. • Due to the City transferrine~ from self insurance status to a police thru Stephens Raker Insurance Agency., all of page 6 is new. ~ 1 U • Page 3 of 13 SUBJECT: HOLIDAYS 1. Authorized Holidays New Years Day January 1st Washington's Birthday Third Monday in February Good Friday Friday before Easter Memorial Day Last Monday of Ma_y Independence Day July 4th Labor Day First Monday in September Thanksgiving Fourth Thursday & Friday in November Christmas Day December 25th • 2. When a holiday falls on a Saturday, Friday will be observed. When one falls on a Sunday, N,onday will be taken. 3. All employees will be paid one day's pay for ewch official holiday. To be eligible for holiday pay the employee must work the scheduled workday preceeding and following the holiday unless absence with excuse is acceptable to the department head. 4. Employees scheduled to work on a holiday, and fail to work as scheduled, v~ill not be eligible for holiday pay. 5. When an employee his to caork on a holiday, it can be handled in one of the following ways: (tnlith consent of department head} a. Take the next day off. b. Take it as a day excused leave. c. Be paid at the regular rate. • • ~ Page 6 of 13 SUBJECT: Injury Suffered F"hile on Duty 1. The City Corm*.ission has electmd to take out an insurance policy for the City vrith a local firm. 2. P.n er~Ployee injured while in the performance of his assigned duties for the City, no ratter how slight tha injury, shall ir~-ediately report to his supexvisor and rnceive first aid and be taken to a doctor or a hospital. 3. NOTE TO DEPAF'T"?EDTT PEAS: Fill out accident repcsrt, take stateren s o e o~~~ ~~*or ers who witnessed the accident and see that this inforriation is attached to the attending physician's report and turned into the office. 4. Ti^±e and ar!±ount an employee is paid c.•~h.ile off duty, due to injury, is figured according to rates per our policy. • FX~MPLE: 6'orknen's Compensation will take pr~acedence and pay first whop an employee is injured on the job. lit this writing 2-25-74 G~~orkr~en's Compensation pays $63.00 per weak, starting on the 8th day. P,n employee' s sick leave x~ay will be used to supplement the ~^orkmen's Compensation, but in no event is, the er~plo~~ee to receive rzore than his regular salary. Eznnloyee will not forfeit sick 1Qave time when injured on the job. E}C~MPLE: Employee's salary is $100.00 per week; he hag sixty days r~ccuMUlated sick leave and he Rets hurt on the job: He will be paid $63.00 a week from t~TOrkrien's Co!^pens~ttion and $37.00 a week sick leave pa.v~ making a total of $100.00 60 d~~ys sick leave ~ 12 ~~l:s. or $1200.00 $1200.00- $37.00 = 32.4 i•~ks. that sick leave will supplement ~^~rkr~en's Com?~ensation. after this time, if employee is unable to return to y~ork, he will receive $63.00 a week E~TOrkrten's Compensation for the period ~arovided by law. .7