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1975-05-05 Regular Meeting
• MINUTES - REGULAR MEETING OF THE LA PORTE CITY COMMISSION, LA PORTE, TEXAS MAY 5, 1975 7:00 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor E. A. Thomas, Commissioners Bill Love, I. J. Kibodeaux, Virginia Cline, and C. D. Boyle. MEMBERS OF THE COMMISSION ABSENT: None. OTHER CITY OFFICIALS PRESENT: Margie Goyen, City Clerk; Knox Askins, City Attorney; Larry Morton, Director of Public Works; H. F. Freeman, Chief of Police; D. R. McLaughlin, Fire Marshal • and Joe Sease, Fire Chief. OTHER CITY OFFICIALS ABSENT: Larry L. Broussard, Director of Finance, ill. OTHERS PRESENT: J. Hutchison of Busch, Hutchison & Associates. PRESIDING: Mayor Thomas. 1. CALL TO ORDER - Mayor Thomas called the meeting to order. 2. INVOCATION - The invocation was given by Commissioner Love. • • • Regular Meeting 5/5/75 3. APPROVAL OF MINUTES - REGULAR MEETING APRIL 21, 1975 - SPECIAL MEETING APRIL 24, 1975 - Motion by Commissioner Kibodeaux, seconded by Commissioner Boyle to approve the minutes of the regular meeting of April 21, 1975 and the special meeting of April 24, 1975, as presented. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline and Boyle. NAYS: None. 4. APPROVAL OF ACCOUNTS PAYABLE - Motion by Commissioner Kibodeaux, seconded by Commissioner Cline to approve the accounts payable as presented. A copy is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline and Boyle. NAYS: None. 5. PRESENT CERTIFICATE OF APPRECIATION TO LOIS COMPTON AS MEMBER OF PLANNING AND ZONING COMMISSION - Mayor Thomas presented a certificate of appreciation to Lois Compton for serving as a member of the Planning and Zoning and expressed the appreciation of the City and its citizens for her time and efforts. 6. VISITORS WISHING TO ADDRESS THE COMMISSION - Mayor Thomas asked if the meeting had been posted according to law? The City Clerk affirmed. K A. GERRY HARTSOE - WATER BILL AT 1004 S. BROADWAY - Gerry Hartsoe, owner of the Daisy, 1004 S. Broadway, was recognized and addressed the Commission concerning a high water bill. After a brief discussion, Mrs. Hartsoe was asked to return to City Hall and if an adjustment was due the Director of Finance would do so. • • • Regular Meeting 5/5/75 3 6. VISITORS WISHING TO ADDRESS THE COMMISSION - (Continued) B. J. H. SMITH - PETITION - Mr. J. H. Smith, 711 N. 12th Street, presented a petition and asked that the Attorney read the petition. Mr. Smith was attending a Planning and Zoning meeting and had come out only to present the petition. The Attorney read the petition requesting the Commission to have three traffic slowing humps placed on North 12th Street between Crestlane and Crestview. The petition was signed by approximately 25 families. A copy of said petition is attached and made a part of these minutes. After a discussion regarding the situation at that location and the need for a solution, plus other problems rather than traffic, it was determined that the City Attorney would check the legality and he and the Chief of Police would then determine what was necessary. • 7. CONSIDER APPROVAL OF AGREEMENT WITH CHEMETRON CORPORATION - After the agreement was read in full, motion by Commissioner Kibodeaux, seconded by Commissioner Love to approve the agreement with Chemetron as read. A copy of said agreement is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Boyle. NAYS: None. 8. CONSIDER APPROVAL OF ORDINANCE NO. 1017 VACATING, ABANDONING AND CLOSING CERTAIN STREETS AND ALLEYS - CHEMETRON PROPERTY - After the ordinance was read in full, motion by Commissioner Boyle, seconded by Commissioner Love to approve Ordinance No. 1017 as read. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Boyle. NAYS: None. 0 • U 0 0 Regular Meeting 5/5/75 8. CONSIDER APPROVAL OF ORDINANCE NO. 1017 - (Continued) 4 CAPTION: AN ORDINANCE VACATING, ABANDONING AND CLOSING CERTAIN PORTIONS OF SEVENTEENTH (17TH)STREET; CERTAIN PORTIONS OF WEST "G" STREET; AND CERTAIN PORTIONS OF WEST "H" STREET; AND VACATING, ABANDONING AND CLOSING THE ALLEYS LYING WITHIN BLOCKS EIGHT HUNDRED THIRTY-THREE (833), EIGHT HUNDRED THIRTY-FOUR (834), EIGHT HUNDRED FIFTY-NINE (859), EIGHT HUNDRED SIXTY (860), EIGHT HUNDRED SIXTY-NINE (869), AND EIGHT HUNDRED SEVENTY (870), IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE HEREOF. Mr. Phil Pfeiffer, Attorney for Chemetron Corporation, expressed Chemetron's appreciation for the Commission's actions and stated that he felt this would benefit all. 9. ACCEPT CHECKS FROM CHEMETRON CORPORATION FOR PAYMENT OF CERTAIN STREETS AND ALLEYS REQUESTED TO BE CLOSED - Motion by Commissioner Kibodeaux, seconded by Commissioner Boyle to accept the checks from Chemetron Corporation for payment of certain streets and alleys requested to be closed, in the amount of $40,608.00; and $450.00, appraisal fee, made payable to Otis Graham. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Boyle. NAYS: None. 10. CONSIDER AUTHORIZING CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR 16TH STREET WATER LINE EXTENSION - Mr. Hutchison informed the Commission that the estimated cost for the 16th Street water line extension from "J" to Spencer Highway would be approximately $43,550.00. Chemetron's portion, 1,850, estimated $17,750.00; the City's portion 2,800 ft., estimated $25,800.00. 0 0 Regular Meeting 5/5/75 5 10. CONSIDER AUTHORIZING CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR 16TH STREET WATER LINE EXTENSION -(Continued) Motion by Commissioner Love, seconded by Commissioner Kibodeaux to authorize the City Engineer to prepare plans and specifications for the 16th Street water line extension from "J" to Spencer Highway. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Boyle. NAYS: None. 11. AUTHORIZE FIRE CHIEF TO OBTAIN QUOTATIONS FOR FIVE PAGERS FOR THE FIRE DEPARTMENT - Motion by Commissioner Boyle, seconded by Commissioner Cline to authorize the Fire Chief to obtain quotations for five pagers for the Fire Department. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Boyle. NAYS: None. 12. CONSIDER AUTHORIZING ADVERTISING AND ACCEPTING BIDS TO BE RECEIVED JUNE 2, 1975, AT 7:00 P.M., FOR MOBILE RADIO FOR RESCUE TRUCK - Motion by Commissioner Kibodeaux, seconded by Commissioner Boyle to authorize advertising and accepting bids to be received June 2, 1975, at 7:00 P.M., for a mobile radio for the new rescue truck for the Fire Department. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Boyle. NAYS: None. 13. CONSIDER AUTHORIZING ADVERTISING AND ACCEPTING BIDS TO BE RECEIVED JUNE 2, 1975, AT 7:00 P.M., FOR BODY AND WINCH FOR RESCUE TRUCK - Motion by Commissioner Boyle, seconded by isCommissioner Cline to authorize advertising and accepting 0 • Regular Meeting 5/5/75 6 13. CONSIDER AUTHORIZING ADVERTISING AND ACCEPTING BIDS FOR BODY AND WINCH FOR RESCUE TRUCK (Continued) bids to be received June 2, 1975, at 7:00 P.M. for a body and winch for the new rescue truck for the Fire Department. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Boyle. NAYS: None. 14. CONSIDER AUTHORIZING ADVERTISING TO HIRE CITY ADMINISTRATOR After a brief discussion regarding whether or not the Charter would allow the hiring of a City Administrator and whether the City was ready to hire same, motion by Commissioner Kibodeaux, seconded by Commissioner Love to authorize the advertising to hire a City Administrator. Motion carried by the following vote: • AYES: Commissioners Love and Kibodeaux. NAYS: Commissioners Cline and Boyle. Mayor Thomas voted to break the tie and voted aye. 15. RATIFY AUTHORIZING WATER WELL NO. 5 - CHANGE ORDER NO. 1 - Motion by Commissioner Love, seconded by Commissioner Cline to ratify authorizing Water Well No. 5 - Change Order No. 1. A copy of the change order is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Boyle. NAYS: None. I] 0 • • Regular Meeting 5/5/75 7 16. CORRESPONDENCE - (A) Mayor Thomas informed the Commission of a note from Mr. Marvin Casteel, asking that the Public Works Department and Mr. Larry Morton be commended for the work they had done around his parents property and the fine job they were doing. (B) Mayor Thomas informed the Commission that the Commission had been extended an invitation to attend a ballgame on Saturday, May 17, 1975, by Mr. Jim Wyatt of Houston Lighting and Power Company. There was a brief discussion regarding a proposed pipeline of Houston Lighting & Power Company in the Bayport area. If a pipeline permit is needed, Houston Lighting & Power Company would like a letter to that effect. 17. DISCUSSION OF DEPARTMENT PROJECTS - Commissioner Love stated that by authorizing the advertising to hire a City Administrator, • he in no way meant to imply or take away from anyones capabilities, but felt that the City was now a large operation and felt there was a definite need for additional help. B. Commissioner Kibodeaux asked if the water meters had been comp eted an connected on Old Highway 146. Mr. Morton affirmed that the water was all connected. C. Mr. Larry Morton asked about the bleachers that were damaged by t e pole falling, belonging to Houston Lighting and Power Company. It was not known at the time whether the bleachers had been ordered. D. Mr. J. H. Smith was recognized and addressed the Commission and expressed opinion of the need for speed bumpers on 12th Street. E. Mr. Jim Hutchison updated the Commission on the status of the water well and the State Parks and Wildlife grant. F. There was a brief discussion regarding the library expansion. G. The City Attorney updated grade separation for Spencer Baker -Botts would be special 0 the Commission regarding the Highway. Mr. Wm. Ballew of counsel for land acquisition. 0 • • Regular Meeting 5/5/75 8 18. EXECUTIVE SESSION - VATS - ARTICLE 6252-17, SECTION 2 (G) - After a brief discussion, motion by Commissioner Kibodeaux, seconded by Commissioner Love that the executive session be deleted from the agenda. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Boyle. NAYS: None. 19. ADJOURNMENT - Motion by Commissioner Kibodeaux, seconded by Commissioner Love that the meeting adjourn. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Boyle. NAYS: None. The meeting adjourned at 8:25 P.M. b Margie yen, Cit Clerk Passed and approved this the 19th day of May, 1975. E. A. Thomas, Mayor • CREDITOR SCHEDULE OF ACCOUNTS PAYABLE Submitted for approval at the May 5th, 1975, Meeting, City Council 7:00 P. M. DESCRIPTION AMOUNT Admiral Linen Service Cleaning $ 191.36 Allied Equipment Co. Supplies 27.65 Knox Askins Service 1,470.00 B. $ F. Maintenance Service Service 48.50 Jim Ball International, Inc. Parts 69.28 Bay Can Rentals, Inc. Service 75.00 Bay Shore Lumber Co. Supplies 109.84 Baytown Communications, Inc. Service 28.50 Bobbie's Cafe Prisoner Meals 132.25 Brown $ Root, Inc. Type "D" HMAC 989.93 Bum's, Inc. Supplies 51.00 Burleson & Svetlik Service - 600.00 Joe Camp, Inc. Part 1.68 Coastal A/C $ Htg. Co. Service 85.40 Thomas E. Cockrell Garbage Service 64.00 Compton's Flower Drum Supplies 6.00 Jiss Crate Service 36.69 Dixie Chemical Co. Supplies 846.12 Earnest Utility Service Service 31.00 Golden Triangle Auto Clinic Service 14.00 Graves Office Supply $ Printing Co. Supplies 89.00 Gulf Oil Corporation Gasoline 824.90 Houston Lighting $ Power Co. Service 3,823.14 Houston Natural Gas Corporation Service 154.87 Eugene Hovey, C.P.A. Service 305.00 Howard's Hardware Supplies 69.03 Hughes Office Supply Supplies 394.04 Ineeda Uniforms Laundry 6.22 I. B. M. Supplies 44.80 Instrument Equipment Services Co. Service 69.00 Kustom S ignals, Inc. Radar Unit 1,335.00 L. & L. Engraving Co. Supplies 27.44 Lumus Baytown Dodge, Inc. Parts 7.99 Mainland Tire $ Appliance Co.,Inc. Tires 296.68 Cin Matheson Scientific, Inc. Supplies 42.88 J Marks Chevrolet, Inc. Parts 1.28 G. M. Miller, M. D. Service 20.00 Minnesota Mining $ Mfg. Co. Supplies 564.86 Neel Tool Co. Supplies 11.45 Oak Forest Tire Supply Tires 327.30 Oxford Chemicals'-- - Supplies 193.73` - P9land Pool Supply $ Service Supplies 465.90 Ed Purtell's Wrecker Service Service 17.50 Ridgway's Supplies 32.06 Rockwell International Service 16.18 Rohan Co. Supplies 1,277.66 Sa-So, Inc. Supplies 266.50 Shell Oil Co. Gasoline 21.45 Standard Coffee Service Co. Supplies 64.17 Stephens -Baker Insurance Co. Insurance 250.00 • • Oe 2 Accounts Payable May 5th, 1975 CREDITOR DESCRIPTION AMOUNT Texas Department of Corrections Supplies $ 10.00 Texas Marine & Industrial Supply Co. Supplies 34.00 Wahlberg-McCreary, Inc. Supplies 117.15 West Chemical Products, Inc. Rental 40.90 M. H. Wyatt, M. D. Service 45.00 Xerox Corporation Supplies 88.60 • • • Honorable Mayor and City Commission: We, the undersigned citizens of North Twelfth Street between Crestlane and Crestview respectfully request that at least three (3) traffic slowing humps be placed at the above location. One at each end and one in the middle of the block long street. Several dogs have been run over and we are fearful the next accident will involve one or more of our children. Appropriate warning signs should be placed at each end of the street. School will soon be out and this aggravates the situation. Wishing for quick action on this,we are: 0 RA sxcxaTvxEs ZT 70 All 6LJ.AJ9-LJ'I- 0V .. -,7 ej- A©. .'1/ K 0 0 7 /vl f� E 7 10 '2U• /�i Page 2 Petition May 1, 1975 0 • City of La Porte P. 0. Box 1115 La Porte, Texas 77571 Attention Mayor E. A. Thomas • RE: PROPOSED WATER WELL NO. 5, CHANGE ORDER NO. 1 Gentlemen: The water samples taken from the Lissie Aquifer indicate that the floride content makes completion in the "Lissie" impractical. I recommend that a well be completed in the Lower Alta Loma Aquifer. The contractor has agreed to credit the City of La Porte $28,750.00. All other aspects of the contract shall remain - unchanged. If the City elects to abandon the "Alta Loma" well after it is completed, but prior to pouring the well head foundation, the total liability of the City of La Porte to Singer -Layne • will be $85,000.00. Yours very truly, SINGER-,,AYNE TE IVISION BY: . ACCEPTED AND AGREED: CITY OF LA PORTE BY: Ilia E. A. Thomas, Mayor APPROVED: BY: A Busch, Jr,/, City Engineer • AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § THIS AGREEMENT executed by and between Chemetron Corporation, a Delaware Corporation ("Chemetron"), and the City of LaPorte, Texas (the "City"). W I T N E S S E T H: WHEREAS, Chemetron has submitted to the City an Application for the Vacation, Abandonment, and Closing of'cer- tain streets ancq alleys (reference to said Application being here made for a. metes and bounds description of the streets and alleys to b^ vacated), said streets and alleys being adjacent to a notion of Chemetron's property (said property being herein c�-.'_led the "Subject Tract") situated in the City of LaPorte, Hlc-7r,:is County, Texas, to -wit: and, All a: Blocks Eight Hundred Thirty-three (c.33) , Eight Hundred Thirty-four (834) , EigInt lundred Fifty-nine (859), Eight Hundr _' Sixty (860) , Eight Hundred Sixty- nine (69), and Eight Hundred Seventy (070), of the TOWN OF LA PORTE, in Harris County, Texas, according to the map in Voli,rr:! 72, Page 4, Deed Records, Harris County, Texas; WHER.F.7'7�,, in connection with said Application, Chemetron and the City have agreed to the matters hereinafter set forth. . NOW, `.HEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES and the mutual covenants and agreements herein con- tained, Chemetrcn and the City do hereby stipulate, covenant and agree as follows: (1) Chemetron will not manufacture Phosgene on the "Subject Tract"; provided, however, this agreement shall not be construed to affect Chemetron's right to manufacture Phosgene on any other property. ' (2) Chemetron, to enable the City to have pre - construction notice of any proposed Chemetron expan- sion or construction projects, shall advise the City in writing of all construction and operation applica- tions filed with the State of Texas and Federal environ- mental regulation agencies or boards prior to�each such filing or within ten (10) days thereafter. (3) Chemetron further agrees to pay the usual and reasonable per foot costs for the construction and installation of an eight (8) inch water line (suf- ficient to provide reasonable fire protection) to ex- tend from the intersection of "J" Street (Fairmont , Parkway) F.nd 16th Street to the intersection of Street and 16th Street. Included in the usual and reasonable per foot cost for such eight (8) inch water line shall be the cost of necessary valves, fittings, �.nd other facilities usually associated with such ,;,Tater lines. (4) 5ubject to the provisions of this Agreement, City herel-y agrees to install and construct an exten- sion of its water mains from the intersection of "J" Street a?:(:'_ 16th Street to the intersection of " Street an('. 16th Street, according to plans and specifi- cations to be prepared by City's engineers. When said plans ani specifications have been completed, the same will be placed for bids, and, when said bids are re - 6 ceived, the same shall be jointly tabulated by City and Chemetron. Thereafter, Chemetron will deposit with City a sun equal to the amount of the base bid for said . extension by the lowest responsible chosen bidder, plus a sum equal to City's engineering fees incurred attribu- table to said extension. When said deposit has been made by Chemetron to City, City shall let the contract. -2- . • • • 0 • E (5) City agrees to accept said sum as provided in the immediately preceding paragraph, in lieu of any front foot or square footage connection charge for water services against the above described pro- perty owned by Chemetron (the "Subject Tract"). 11 (6) Upon execution of this Agreement, City agrees to begin the preparation of final enginAering plans and specifications for the said water main ex- tensions, and to begin construction thereof as soon as the same may be let for contract as herein provided. City shall require the contractor under such bid to diligently pursue the construction of the water main extensions to completion. Provided, however, nothing herein con._ained shall be deemed a waiver of City's right to Y(-,ject any and all bids which may be submitted by contracf.ors for said water main extensions. (7) f'hemetron has, contemporaneously with the execution ^_roof, paid to City the sum of Forty Thou- sand Six T.`.V,,dred Eight Dollars ($40,608.00) , as con- sideratio.r.) for the closing of the hereinabove described streets alleys within the City of La Porte; and, Cheme,troii ).;_ s additionally paid the sum of Four Hundred Fifty Doll--:.rs ($450.00) , appraisal fee, to Otis Graham, Realtor. Such payments, together with the payment for the water main extensions as herein provided, shall be in full anc`, final satisfaction of all obligations of Chemetron in connection with said water line and this Agreement, except for the covenants contained in Paragraphs (1) and ( 2 ) hereof. -3- C; ILI • EXECUTED in multiple counterparts, each of which shall be an original, on this the ;L?ay of April, 1975. CHEMETRON CORPORATION By CITY OF LA PORTE, TEXAS By Mayor ATTEST: City Clerk -4- 10- W W H rn i _ TRACT 21 TRACT 22 ■M•21 �[ 107,0• 106 ' TOWN S / TE OF L A PORTE VOL. 58 PG. 462, H. C.D. R. 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