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1976-03-01 Regular Meeting
• i • MINUTES - REGULAR MEETING OF THE 'LA PORTE CITY COMMISSION, LA PORTE, TEXAS MARCH 1, 1976 7:00 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor Pro-Tem I. J. Kibodeaux; Commissioners Bill Love, Virginia Cline, and C. D. Boyle. MEMBERS OF THE COMMISSION ABSENT: None. OTHER CITY OFFICIALS PRESENT: Larry L. Broussard, Director of Finance; Margie Goyen, City Clerk; Larry Morton, Director of Public Works; H. F. Freeman, Chief, Police Department; Knox Askins, City Attorney; Joe Sease, Fire Chief. • OTHERS PRESENT: Mr. A. J. Busch., Jr., Busch, Hutchison & Associates, Inc. PRESIDING: Mayor Pro-Tem Kibodeaux. + + + 1. CALL TO ORDER - Mayor Pro-Tem Kibodeaux called the meeting to order. + + + 2. INVOCATION - The invocation was given by Mayor Pro-Tem Kibodeaux. + + + • • • Regular Meeting 3/1/76 2 3. ACCEPT BIDS - CONSTRUCTION OF A WATER MAIN BETWEEN WELL NO. 5 AND 16TH STREET - The following bids were opened and read aloud: R. T. BISHOP CONST. CO., INC. P. 0. Box 961 Baytown, Texas $ 77,062.11 HASSELL CONSTRUCTION CO. P. O. Box 5075 Pasadena, Texas 77503 $ 57,960.00 BORING & TUNNELING CO. OF AMERICA P. 0. Box 14214 Houston, Texas 77021 $ 46,528.00 MC KEY CONST. & EQUIP. RENTALS, INC. P. 0. BOX 9 La Porte, Texas 77571 $ 61,225.00 • B & T ENTERPRISES P. O. Box 35957 Houston, Texas 77035 $ 57,838.00 ROGERS UNDERGROUND UTILITIES, INC. P. 0. Drawer C Vidor, Texas 77662 $ 52,188.00 F & B CONSTRUCTION CO., INC. 8221 Howard Dr. Houston, Texas 77017 $ 47,948.25 SHUMAN CONSTRUCTION CO., INC. P. 0. BOX 127 Danbury, Texas 77534 $ 49,435.45 -0- Motion by Commissioner Cline, seconded by Commissioner Love that the bids be accepted for tabulation and recommendation. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. • + + + • • • • Regular Meeting 3/1/76 3 4. APPROVAL OF MINUTES - REGULAR MEETING - FEBRUARY 18,1976 - SPECIAL MEETING - FEBRUARY 25, 1976 - Motion y Commissioner Cline, seconded by Commissioner Boyle to approve the minutes of the special meeting of February 25, 1976 as presented and approve the minutes of the regular meeting of February 18, 1976, with the following correction: Item 12, page 4, should read: "After a brief discussion regarding allocating the entire amount of surplus money from the 1975 Budget, motion by Commissioner Love that authorization be given to allocating Surplus Money from the 1975 Budget as follows: Water-Sewer - West Side - $76,000.00, Air National Guard Sewer - $18,000.00, Lights - Ball Fields - $7,500.00, Current Fairmont Park Water Project - $45,000.00. Motion died for lack of a second." Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. + + + • 5. APPROVAL OF ACCOUNTS PAYABLE - Motion by Commissioner Cline, secon e y Commissioner Boyle to approve the accounts payable as presented. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. + + + 6. VISITORS WISHING TO ADDRESS THE COMMISSION - Mayor Pro- Tem Kibodeaux asked if the meeting had been posted according to law? The City Clerk affirmed. There were no visitors wishing to address the Commission. + + + 7. CONSIDER APPROVING ORDINANCE N0. 1030 - HOUSTON NATURAL GAS RATE ORDINANCE - After the proposed ordinance was read in full, motion by Commissioner Boyle, seconded by Commissioner Cline that Ordinance No. 1030 be approved as read. • • • Regular Meeting 3/1/76 4 7. CONSIDER APPROVING ORDINANCE N0. 1030 (CONTINUED) Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. CAPTION: AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE (ORDINANCE NO. 797), PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF LA PORTE ON AUGUST 26, 1968, DETERMINING AND FIXING THE SCHEDULES OF DOMESTIC RATES TO BE CHARGED BY HOUSTON NATURAL GAS CORPORATION IN THE CITY OF LA PORTE BY PRESCRIBING THE MANNER OF FIXING RATES FOR LARGE VOLUME CONSUMERS; PROVIDING A SEVERABILITY CLAUSE; AND REPEALING ALL ORDINANCES IN CONFLICT. + + + • 8. CONSIDER AUTHORIZING ALLOCATING SURPLUS MONEY•FROM THE 1975 BUDGET IN THE AMOUNT OF 179,649.62 AS FOLLOWS: WATER ON FARRINGTON & COLLINGSWOOD $45,000.00, LIGHTS AT T BALL FIELD ,5 SEWER ON 14TH, 15TH, 16TH, AND 17TH STREETS 76,000.00; STREETS IN CRESCENT SHORES 30,000.00; ADMINISTRATION - CUSHIONS FOR COMMISSION CHAMBERS. OFFICE EOUIPMENT. CALCULATORS. FILE CABINETS & ETC., $2,149.62; POLICE DEPARTMENT - SUPPLIES AND EQUIPMENT REPAIR, 5,000.00; FIRE DEPARTMENT - FIRE HOSE - 1,000.00, SECONDARY RADIO RECEIVERS 1,500.00, FIRE ALARMS 1,500.00; PUBLIC WORKS - REMODELING - NEW STRUCTURES AND OFFICE EQUIPMENT $10,000.00. - Motion by Commissioner Cline, seconded by Commissioner Love that the surplus money from the 1975 Budget in the amount of $179,649.62 be allocated as stated. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. + + + • • • Regular Meeting 3/1/76 5 9. CONSIDER AUTHORIZING ADVERTISING AND ACCEPTING BIDS TO BE RECEIVED ON MARCH 31, 1976, AT 7:00 P.M. FOR TWO POLICE PATROL UNITS - After a brief discussion, motion by Commissioner Cline, seconded by Commissioner Boyle to authorize advertising and accepting bids to be received on March 31, 1976, at 7:00 P.M. for two units for the Police Department. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. + + + 10. CONSIDER APPROVING LETTER TO SCHOOL REGARDING FENCING PORTION OF NORTH "E STREET - After a brief discussion regarding the request for fencing a portion of North "E" Street, motion by Commissioner Love to approve the letter allowing La Porte Independent School District to fence a portion of North "E" Street. Motion died for lack of • a second. + + + 11. DISCUSS REQUEST OF NORMAN STAASHEN REGARDING SIDEWALK After a brief discussion regarding the City's policy for participation with property owners for sidewalks, motion by Commissioner Cline, seconded by Commissioner Boyle that action be postponed for additional study. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. + + + 12. CONSIDER STREET LIGHT REQUEST OF SCHOOL - After a brief discussion, motion by Commissioner Cline, seconded by Commissioner Boyle to authorize approving a guard light for the La Porte High School, at the School's expense. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. • NAYS: None. + + + • • • Regular Meeting 3/1/76 6 13. DISCUSS REFUNDING FILING FEE FOR PERSONS WITHDRAWING NAME FROM BALLOT FOR APRIL 3, 1976, ELECTION - Motion by Commissioner Cline, seconded by Commissioner Boyle that filing fees be refunded if persons withdrew their names from the ballot before the filing deadline. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. + + + 14. REVIEW PLANS FOR FAIRMONT PARK RECREATION FACILITIES After a brief discussion, motion by Commissioner Cline, seconded by Commissioner Boyle that a special work shop be called for March 9, 1976, at 7:00 P.M., to review the plans for the Fairmont Park Recreation Facilities. Motion carried by the following vote: • AYES: Commissioners Love, Cline, and Boyle. NAYS: None. + + + 15. DISCUSS ACTUARY STUDY - Tom Simons and Jack Oliphant were recognized and addressed the Commission regarding the proposed Actuary Study needed before legally raising pensions for the retired Volunteer Firemen or their widows. After some discussion, motion by Commissioner Boyle, seconded by Commissioner Cline to authorize an Actuary Study be made and the City pay for said study. Motion carried by the following vote: AYES: Mayor Pro-Tem Kibodeaux, and Commissioners Boyle and Cline. NAYS: Commission Love. + + + • • • • Regular Meeting 3/1/76 7 16. CORRESPONDENCE - AGREEMENT WITH COUNTY FOR RURAL FIRE PROTECTION - Motion by Commissioner Boyle, secon e y Commissioner Cline to authorize the Mayor and City Clerk to sign the agreement with Harris County for rural fire protection. A copy of said agreement is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. + + + 17. CONSIDER APPROVING LEASE FOR BUILDING FOR LA PORTE WELFARE DEPARTMENT - Motion by Commissioner Cline, seconded by Commissioner Love to approve the lease for the building for the La Porte Welfare Department. A copy of the lease is attached and made a part of these minutes. Motion carried • by the following vote: - AYES: Commissioners Love and Cline; Mayor P.ro Tem Kibodeaux. NAYS: None. Commissioner Boyle was temporarily absent from the room. + + + 18. DISCUSSION OF DEPARTMENT PROJECTS - There was a brief discussion regarding the need for storage for automobiles which were picked up by the Police Department. Consideration will be given to moving these automobiles from the water tower to the area around the sewage plant. + + + • i ~ Regular Meeting 3/1/76 8 19. ADJOURNMENT - Motion by Commissioner Cline, seconded by Commissioner Love that the meeting adjourn. Motion carried by the following vote: AYES: Commissioners Love, Cline, and Boyle. NAYS: None. The meeting adjourned at 8:21 P.M. 0 Margie G yen, Cit Clerk Passed and approved this the 15th day of March, 1976. • ~,~-~' I. J. Kibodeaux, Mayor Pro-Tem • •. • • f ~• i l t~ t ~ • r`tLi'iii012IZtD DISBuRSrMr:NTS PAur 1 G2-26-76 F i R COOi_FD EIyG i NE SERV i CE i'iAiv i FOLD OG2-775-SG?_.00 '1 '1 .20 C)?_-26-76 778 ~ i i . 20 r,i~ir.RICAN SAFE & LGCK !'EPAIRI=D LOCKS 00 1--702 -205 . 00 66.25 C~2-26-76 779 1;b6.25 B n~ F hiA i N T El~ir?NCE SERV ICE i NSTALL . GAS Pl1i~IP X0.1-7iG-309.00 176.00 (12-26-76 780 ~17b.00 P, & W HYDRAUL I GS i-iOSE 00•i --709-4G? . 00 •i 9.OS Gs?-26--76 7u i ~ i r.OF3 ;~ i~i DA1_L. i i~iTi-f NA T i Oi~r~L i~i i SC . AiJ T O PARTS OG~i-7Gc,-4G4.00 2 4 . t8 OO~i-709-402.00 ~5 . 07 00'1--708--402. GO 15 .40 G-26-76 762 X75.95 B+'~Y T OlJi~i COi~i'rl!!N I CA T i OiyS F REC~lJENCY CHECrtS & REi'A i RS v01-703-407.00 294.00 OG1-707-407.00 X2.30 0?_-26-76 783 ~3Id.30 r"s!_UE i/ROSS-iiLiJE Si-ilEt_D ririPLOYEE !-iOSFiTr'~Li7H T I~?N 001-750-753.00 5177.60 Gc-26-76 7t~4 1;7.175.60 r;:~c i GGS-WEAVER GLOvtS~ ~?ARDHATS Out-710-205.00 31.94 02-26-76 785 ~3i.94 BROWN & RODT TYPE D Hi~AC 001-?G4-302.00 6000.00 Oz-26-76 786 1;6.000.00 • PAGE TOTALS 11072.32 ~• i (. • ~ • r';U~i"i1GR I i ED D I 5 &URSrriEN TS PAGE 2 OZ--2_b- 7b F;LiCiA CAi~iP05 iRANSLATiI~IG ELECT . iiv-=0. 001-700-514.00 ?_5.00 07_-2b-76 787 1;25.00 r~SSN. GF CITY LE_Efti\S ~ SEC. Q AiyI~dUAL i~iEhiitERSliiP DUES 001-750-751.00 15.00 0~:---2b--76 788 ~ 15 . GO CITY TRUCK PARTS TRANSIriISSIGN .001-709-402.00 x'_00.00 02-2b--7b 789 X200. ~~0 i7AY-AREA DiSPi)SAL SERVICE GARBAGE PICK UP LQhfAX Out-708-5~i0.00 49.00 O?-~ 6--7b 790 X49. 00 ,;;li~iE'S CRATE t'tADIG REPAi Ft5 001-703-407.00 101.65 C+2- b-7b 791 1; I O i, 65 ~:-E VOL'S t~RIVE IN PRISGNrRrfEAl_S 001-~ 707--5 i 8.00 61 , 2 5 Os -26--76 792 461 .25 DIXiE Ci--iElriiCAL CO. CHLRR%NE 002-775-201.00 650.00 GZ-~-26--76 75'3 1ad50.00 tl~tLl°iAN' S Uh'IFQRhiS n01-7c7-210.00 8b. i0 Ci7_-2b-7b 794 ¢Fsb.'i0 Bi~N FRANKLIN AERATiGha PUMP ~ ACCESSGRiES 002-775--?_01.00 9.02 02-?_6-~7b 795 1;y.02 G~°I~IEG OiL CG. PARTS CLEANER OG1-7i0-?_07.00 48.36 u2-26-76 796 ~4ts.36 C~°STET:~IER CC1RP. r'APER SUPPLii=S 001-700-203.00 102.30 G~-2b--76 797 1;102.30 PAGE TOTALS i347.b8 •, • AU'i i1uRI7_ED uISBLiilSti•iE NTS rAGE 3 G2-2b -76 GOLDEN TRIANGLE AUTO CLINIC VALVE RErAIR 001.. ~rG~r- 4~;~ : ~_r, ;~ . ctc~ 0?_-?_b-76 798 X3.00 c~Uf_.t= CQAST r-irtr_i~ii=i~('S r~SSN. y~IES 001-763--5 i3.00 20.00 O -c b-76 799 ~?u. 00 GIJf__r t7il_ f_.GRP. GASOLINE ~ QiL:.CUr=PLIES ~O~i -7'i 0-?_G7. 00 i 626.81 ~ 02- 6-76 860 1;1.b26.81 ~,!_ILF STATES ASPIiALT RC-2 - OO~i-709-302.00 539.85 C~?_-26-76 BG~i '1;339.85 { r~FtY i-if~~DY. iJiS~iRiCi C Lf:Rf< CQURT CGSTS OG~i-4G6-3b5.00 23.50 Ct2-26-76 862 X23.50 t i-i;l1JSTUN r=iRE ~ SFir=f=TY r=OPT. r~EFit_L rXT.ih~Gi-iSHFR 001-763-266.60 37.10 ~ 02-26-76 803 X37.10 i~i0U5 T Olv L i GHT I NG ii PDIJf-R CO . _LECTR 1 C i TY ~~ 002-775-601.00 818.03 - ~. 001-710-SG7.00 '136.93 GG'i--7G%--jG5.00 9Ci9.89 ~ 02 --26-7b 864 ~>1,y:,iS.85 ~ rC~USTui~( ivA I UftAL GAS ia'ATi.IRAL GAS ~ t . OG ~1-7GG-5 u8. 00 5 3.21 001-7G3--5 G8. u0 34 . ~ 0 001-706-568.00 i45.a7 OG1-767-568.00 31.70 OO~i-710-5G8.u0 62.35 { t?2-26-76 805 1;327.36 ~ • • , ~ fiU-i HC~R 17ED D I SB~RSEi iEN T S PAGE 4 ~ GZ-26-7b Ir~5TftU1~fEIJT EGUIPi~iENT SERVICES REPAIRED CHLQRIIdATOR 002-775-4~i6.00 111.73 OGZ-775 --5 G i . GO S 1.85 02-Zb--7b SGb X16.3.58 i iaTt=i't5 T A+ E DA T TERY SYSTE M BATTERIES 001-i15--000.00 6Q.70 02-26-76 SG7 ~~6G.70 D & 0 I~(ACH i NE & WELDING STEEL 5HAr= T GG~i-769-4GZ.00 19.47 02-26-76 808 X19.47 P, . P . 7Q1-II~15QN iJUh'iR TRIiCK SERV . T QP SQ i L 001-7Gb-361.00 398.40 OO~i --766-931 .00 9~?8. GO OG2-775-f.~G3.00 30.v0 002-775-41.3.00 48.i~0 02-2h-7b 809 1;1.464.40 LA FQR T E 1_iJI~iBER OG1-760-361.00 2?_.47 001-769-3Gb.00 '1?.28 Or -?_6-76 Es 10 x34.75 LA PQftTE PQLICF RrSERVE TUITIQN - TWO OG1-707-517.00 140.00 02-?...6-76 8'i 1 1; i 4u . GO LiJl~iUS BAYTQWN DQDGE i~iiSC. A1JTQ PARTS 001-767-462.60 2.?4 OG1-709-402.00 '1.93 001-710--464.00 ?_ . 28 02-gib-76 812 $b.45 ;,AY i-1ARK5 CHEVRQLET SPRING 001-709-402.00 1.13 Or'_-26-76 813 X1.13 P,1GE TOTALS 18YG. 48 -. - ,, i .... ~ti -~ . - - f. -. - •. ( • . ~~~~CiRI~ED DISBliU~ tcbfV~~ t ~ iiU5T,'3NG TRACTOR TOOTH FDR GRADER OO i -rug--4u2 .00 ~` 5 7.85 f 001-709--t+62.00 57.85- ~ OG~i-704-~~02.00 57.82 (" ~ t. •• i'~,3TIGiaLJiUE PAPERS PAPER SUPPLIES 001-766-202.00 54.80 ~ ~ 02-2b--76 815 X54.80 . ~ Pt= E i FFr:R--uAf~iliRE1_L. I NC . ELE_CT R I CAL SERU i CES 001-70b--4u5.00 - 70.20 ~ 002-775-~+25.00 ~i4.85 ~ 0~_.-26--7b 8 i b X85 . 05 • r' i Ti~iEY'- rul~i.S E bill i r I'iEi4 I I'iA 1IY I l=i4fii'~{CE OGi-7GG-5u.00 111.00 ~ ~. 02-26--7b S 1 7 ~ i 1 i. 00 RAD I Q SHACK CAi~LE & Nu i GE F i LTER { ~, 001-710-407.00 7.98 001-710-361.00 4.49 02-c'.6-7b 818 ~ ~ 12 . /+7 ~ T hiE ROi-iAia CO. iii=TER RESETTER. ~aiSC. PARTS ~ 002-775-504.00 126.88 ~. 000-221-170.00 493. b5 000 ~ OG2- 115 --600.00 002-775-414.00 174.00 ~_. t• OG2-775-4?_?_.00 h41.00 ~ 02-26-7b 819 X1,435.53 . ST. REGIS PAPER CO. 00 001-115-GOG 00 i~35 SACKS ~` . . 02-2b-7b 6?_G X835.00 l ~- _ 5ta-S~7 SIGN BLANKS 001-707-304.00 317.85 ~ 02-26-7b 821 X317.85 (. • ( t .. PAGE TOTHLS 2969.52 ~ ~•. - .. F. ..i • • i • • RU T HDRIZ.ED DI513iJRSriiENTS PAiaE 6 G2-26-76 i G--iARP GRAIN I/D. PAPER T G41FL5 001-7G6-2G7_.00 49.0 l GG~1-7G9-~ G?_.00 10.75 c~Kl'LARK CAMEkA CD. P C CORD t GG~1- r G7--2G9.00 2 . ~ 1 Or'_-26--76 823 ~2 . ~ 1 t ~r~UTHWEST WHEEL ~. MFG. CD. inUD FLAPS u0~1- i iS--uGu.00 b9. 3b 02-?_b-7b 824 1>d9.36 ~ 5!:rUTHr.JESTErt1~l F'FLL TELEPHONE TELEPi-;ONE SERVICE 001-7G7-511.G0 18. Z9 ~ OG~i -7uu-5 i i . u0 1070.78 • GG?_--777 --bGb . 00 9.56 ~ G2--2b-7b 825 ~ 1.U9c~.63 { SiAi~i%~AkD CGFr=EE SEitUiCE Cc7FFEE SUi'PLiES & Gr;RVICE Ou l --r GG--2u 1 .00 37.35 001-707-2G~1 .00 70.72 02-26-76 82ci ~ i Gcs. G7 STEr/HEiyS-BAKER i NS . FINAL AUD i T wGRhlnEly' S CuinP 001-750-757.00 2389.00 02-26-76 827 ~2.3Gy.u0 TEXAS CkUSHED STGNE LiMESTDNE BASE . 00'1-7G9°302.00 2419.62 07-26-76 828 ~?_, 419. b2 TEXAS DEPT. uF CukhECTiONS ;Ai~iE PLATES ( 001-71G-2G3.00 2.12 G0~1-7G0-203.00 8.48 ~-• OZ-26-76 824 ~1G.60 TEXAS I'DLICE CHIEFS A55N. DUES - FREEMAN 001-707-513.00 10.00 ~ 0?_-Z6-76 830 ~1G.00 ~-~ PAGE TOTALS 6'168.04 ' ~ - • c~ AiJiHQRIZf=D DISBti KSriit=.NTS PACE 7 02-?_6-76 TEX. STATE ASSN. QF PLUM B. INS DUES-l~iORTON 001-750-751.00 5.00 0?_-26-76 831 ~5.G0 t TIFCO ildutlSTRIES inISC. SUPPi_IES 00'1-790-205.00 93.07 ~ G2-7b--76 83?_ X93.07 UNIVERSAL DOINT_: SERViCE RE£?UIl_D DRIVE SHAFT ~ 009-708-40?_.GO 32.05 02_-26-76 833 X32.05 T: L. WALKER BEA RIt~IG CQ. BEARINGS & SEALS 001-7G9-GG?_,GO 7.2.71 C " G'._.26--76 C,34 ~~22. l1 ~ ~!~1tiKE_S}-fA-P_E~'+RCE ' i}~~BiJSTRI rS !.GI~VE~iS1Q(~I OF ROTOR • S '~ u2 . UG 11G~- r r ~~E3r'_ . ~c7 ~ C+_-26--76 P,35 ¢~SS~ . 87 ti",raA WOOD LA;GitA TuRIES, iNC. !a1A5Tet.!AiERS r OG2-775-201.00 ~G.uO G~'--26-76 836 ~7G.u0 02--26-76 837 ~ . GO Pril7t TO 1 ALS I I U~ 7G { t • { • C i .. , •. ,, ~ - .:, , • • (.U i i-{GRI~ZyED liIS~~Ui~Sr=~ia~iv75 . Pr'ivE g l_1L-2G-7G ~~ TG"i AL DFB i T FGS i ED r EXPE~vFiiTURE 2i3~2G.G0 RCl%t=iviJE DEi3 2."s.SG ~ G/L DEFsi i 14~f3.71 1 GTAL GRG55 - D i GCt~iJNT = t~iE i CiiCC.K 2481G.21 .GO 29GiG.21 i ~ 2 3b48.99 ~ 1 27rib7.57 ~+93. G5 ( f 29Cs iG.21 - ( G01- iG1--GGG,GO 29S1G.2~1- . GG- • ~ ,, {,. +. ;- (~ ( ~ {-. ~ `. t '~ (. C.. ~ .. F - .- ... _ .. S .~. f .` • ~~' \ ~ _~~ ~~. r P KONE ( 713 ) X571 .5020 • P. O. Box i 1 i 5 • La FORTE, TExas 77571 March 1, 1976 The Board of Trustees La Porte Independent School District La Porte, Texas 77571 Gentlemen: ~~~~ ~~ The La Porte Independent School District, as the owner of Blocks 103 and 332, Town of La Porte, has requested the City of La Porte to vacate, abandon and close that portion of North "E" Street between North 5th and North 6th Streets in La Porte, between the La Porte Independent School District Maintenance Center, situated on Block 332, 'and DeWalt School, situated on Block 103. In order to close any portion of a street or alley within the City of La Porte, the City must obtain the consent of each public util- ity with which it has a franchise agreement, and its owx>. public works department. The City of La Porte Public Works Department reports that there is an existing La Porte sewer main in this street easement. However, the Public Works Department states that it would have no objection to the fencing off of this street right-of-way, provided gates are placed in the fences on both the North 5th Street side and the North 6th Street side of the property, for ingress and egress by City maintenance vehicles when necessary, and provided that the City of La Porte is provided a 24-hour emergency phone number of school personnel having access to the property. Houston Natural Gas Corporation and Entex, the two gas companies having franchises with the City of La Porte, have each offered no objection to the closing of the street. However, Houston Lighting and Power Company does have facilities in this street right-of-way. The Light Company has stated that it would object to the closing of the street, unless proper ground and aerial easements were retained within the closure ordinance, being a 10' ground easement and a 15' aerial easement along the northern right-of-way line of North "E" Street. Under the circumstances, it is the view of the La Porte City Com- mission that the street should not be legally closed, but, rather, d La Porte Independent School District La Porte, Texas Page 2 3-1-76 in order to accommodate the school district's request, that the City grant to the school district, permission to fence the street. In addition to the gates requested for the City, the City would expect the school district to make direct contact with the Light Company, and satisfy any requirements which it might make under the circumstances, to provide protection for its equipment and easement rights. Finally, the City would expect the school district to save and hold harmless the City from any liability on the part of the City, arising out of the fencing of the street right-of-way. The City would expect the school district to erect, at its expense, barricades on North 5th Street and North 6th Street, at the point which the existing streets would deadend, as a warning to traffic. Finally, the City reserves the right to cancel the fencing per- mission contained in this letter, upon six months ~~ritten notice to the school district. If this offer meets with the approval of your Board, please note your approval by signing the enclosed copy of this letter, and returning it to us, retaining the original as your copy~of the • agreement. Yours very truly, CITY OF LA PORTE By I. J. Kibodeaux, Mayor Pro-Tem For the City Commission ATTEST: City Clerk ACCEPTED AND AGREED: LA PORTE INDEPENDENT SCHOOL DISTRICT By President, Board of Trustees ATTEST: • Secretary • • February 26, 1976 Mrs. Margie Goyen, City Clerk City of La Porte P. O. Box 1115 La Porte, Texas 77571 Dear Mrs. Goyen: Previously on February 9, 1976, I filed application for candidate for Commissioner, Position No. 2, for the April 3, 1976, Election. I respectfully request that my name be withdrawn and my filing fee be returned. Very truly yours, w Dan W. Kennedy Subscribed and sworn to before me this ~ 6 day of d~ar _, 19 7 6 . ~~ Seal • ~~ , : , o~:' ~~, ary Public Harris Countv.Texas 566---LEASE, CITY PROPERTY TEXAS STANDARD F ::~: ~~t,~ ,~~r~.etn~en~ u~ ~~tt~r, LtUIri~1J A~ II~iRRIS ~ . Made this 27th day of February FRANK R. BOXIrE, TRUSTEE and A.D., 19 '7( , by and between known herein as LESSOR, CITY OF LA PORTE W;~:LFARE DEPARTt,EDIT ,known herein as LESSEE, (The terms "I essor" atld "Lessee" shall be construed in the singular or plural number according as they respec- tively represent one or more than one person.) WITNESSETH, That the said Lessor does by these presents Lease and Demise unto the said Lessee the following described property, to-wit: Lying and being situated in the City of La POrte and County of Harris, State of Texas, and being Lots IdO. 11 and 12, in block lso. 33, of the Town of La Porte, in Harris County, Texas, together with all improvements thereon situated, for the term of One (1) year, A.D. 19 7fi, and ending the 28th an office beginning the 1St day of March, day of February, 1977, to be occupied as therefor the sum of Eighteen Hundred ($1800.00) payable in rlanthly instalLntents of $154.00 each, the paid in advance, and thereafter monthly at $150.00 and not otherwise, paying DOLLARS, first and last months installments per rlonth, upon the conditions and covenants following: La Porte, 1st. That the Lessee shall pay the rent at Boyle Fealty CO.~ Texas, monthly in advance as aforesaid, as the same shall fall due. 2nd. That the Lessee shall take good care of the property and its fixtures, and suffer no waste; and shall, at Lessee's own expense and cost, keep said premises (including plate glass) in good repair; keep the plumbing work, closets, pipes and fixtures belonging thereto in repair; and keep the water pipes and connections free from ice and other obstructions, to the satisfaction of the municipal and police authorities, during the term of this lease, and a[ the end or other expiration of the term shall deliver up the demised premises In good order and condition, natural deterioration and damage by fire and the elements only excepted ; all alterations, additions and improvements, except trade fixtures, put in at the expense of Lessee shall be the property of the Lessor and shall remain upon and be surrendered with the premises as a part thereof at the termination of this lease. Lessee agrees to accept possession of the premises in their present condition and to allow for changes in such condition occurring by reasonable deterioration between the date hereof attd the date Lessee occupies said premises; that no improvements or alterations shall be made in or to the hereby demised premises without the consent of the Lessor in writing. That the Lessee shall pay the water tax imposed on the hereby leased premises as the same shall become dtte during the term of this ]ease. 3rd. That the Lessee shall promptly execute and fulfill all the ordinances of the city corporation applicable to said premises and all orders and rzquirements imposed by the Board of Health, Sanitary and Police Departments, for the correction, prevention and abatement of nuisances in or upon or connected with said premises during the said term, at Lessee's expense. 4th. That the Lessee shall not assign this agreement or underlet the premises, or any part thereof (except as may be mentioned herein) or make any alterations in the building (except as may be mentioned herein), without the consent of the Lessor iu venting; or occupy or permit or suffer the same to be occupied for any business or purpose deemed extra hazardous on account of fire. 5th. That Lessee s}lall, itt case of fire, give immediate notice to the Lessor, who shall thereupon cause the damage to be repaired forthwith; but if the premises be by the Lessor deemed so damaged as to be unfit for occupancy, or if the Lessor shall decide to rebuild or remodel the said building, the lease shall cease, and the rent be paid to the time of the fire. 6th, That in case of default in any of the covenants herein, Lessor may enforce the performance of this lease in any modes provided by law, and this lease may be forfeited at Lessor's discretion if such default continue for a period of ten days after Lessor notifies said Lessee of such default and his intention to declare the lease forfeited, such notice to be sent by the Lessor by mail or otherwise to the demised premises ; and there- upon (unless the Lessee shall have completely removed or cured said default) this lease shall cease and come to an end as if that were the day origi- nally fixed herein for the expiration of the term hereof, and Lessor's agent or attorney shall have the right, without further notice or demand, to reenter and remote all persons and Lessee's property therefrom without being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of rent or breach of covenant, or Lessor's agent or attorney may resume possession of the premises and re-let the same for the remainder of the term at the hest rent said agent or attorney may obtain, for account of the Lessee, who shall make good any deficiency; and the Lessor shall have a lien as security for the rent aforesaid upon al] the goods, wares, chattels, implements, fixtures, furniture, tools and other personal property which are or may be put on the demised premises. 7th. That the Lessor shall not be liable to Lessee or to Lessee's employees, patrons, or visitors, for any damage to person or property, caused by the act or negligence of any other tenant of said demised premises, or due to the building on said premises or any appurtenances thereof being improperly constructed, or being or becoming out of repair, nor for any damage from the defects or want of repair of any part of the building of which the leased premises form a part, but the i_essee accepts such premises as suitable for the purposes for which same are leased and accepts the building and each and every appurtenance thereof, and waives defects therein and agrees to hold the Lessor harmless Erom al] claims for any such damage. 8th. 'T'hat the Lessee shall not place any signs at, on, or about the premises except as and where first approved by the Lessor; and the Lessor shall have the right to rernove any sign or signs in order to paint the building or premises or make any other repairs or alterations. 9th. It is expressly understood that in the event that the Lessor herein shall not be the owner of the premises herein leased, and shall hold a lease of the property of which the demised premises area part, then this sublease is and shall remain subject to all of the terms and conditions of such existing lease to the Lessor, so far as they shall be applicable to the premises herein leased. 10th. In the event that the Lessee shall become bankrupt or shall make a voluntary assignment for the benefit of creditors, or in the event that a receiver of the Lessee shall be appointed, then, at the option of the Lessor and upon five (5) days' notice to the Lessee of the exercise of such option, this lease shall cease and come to an end. Ilth. It is agreed and understood that any holding over by the Lessee of the hereby leased premises after the expiration of this ]ease shall operate and be construed as a tenancy from month to month at a rental of $150.0• 12th, Lessor agrees to pay to the Real Estate Broker negotiating this ]ease the customary leasing fee. 13th. Lessor to Cut the grass, furnish central air conditioning, heating, and two toilets. 14th. Lessee to pay all utilities. 15th. Telephone bills to be paid by Welfare Department. IN TESTIMONY WI3EREOI', The parties to this agreement have hereunto set their hands in duplicate, the day and year above written. Frank R. Boyle, Trustee - ------------•- -------------------------- ----- -•-----•----...-------•------•--....- - ., LESSOR. CITY OF LA PORTE WELFARE D_EP_ARTASENT - --- ----------©..--•~----------------------p--•------ -........-............ By'-- ~..-`,!. ~~y--~~:L'::'.~-~- ----- •-,• -•-- •------------- LESSEE. {/ The Odee Company, Publishers, Dallas ................................................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................................................... ,. ~ ~ • •~ • - A G tt H E i~1 H iJ Z TiiE 5TA`i~ Ors 'I~XAS ) ( CO@I'i'Y OF HA'2R2~ ) . 865-08-1601 '1HIS A~tcE;~~I~:NT, mace and entered into by and c~etween HARhIS UOUNZ'Y, a boat' corporate am politic under the laws of the State of `lexas, Hereinafter so.~netil~nes called "County,'' acting herein by and through its County Juage duly authorized to so act by an Ord`r of the Harris County Commissioners Court, and the City of LA PORTE , a municipal wrporation duly organized arzi existing under the laws of the State of 'i•exas, hereinafter some- ti,-~~es called "City," acting i:erein Dy and through its hayor duly authorized to sa act pt' an Ordinance Guly passeca pt' trie City. ' wI-rIvLSSr:TH: ~VnEFtE.~1S,riarris %ounty desires to provide fire fighting arx~ lire Protection services to certain unincorporated•areas of Harris County as here- inafter designated; arri - yaiEFtr:AS, the City of LA PORTE • is wi~ling-to furnish fire fighting and lire protection services to saia u_nin- corporaLeci areas of Harris County for the •considerations hereinafter provided; NOW, Z'HEREt~ORi, Kiwi ALL NiF1V ~bY THESF: Pi2r',SE:NTS: Triat iC1 considera- . tion of the mutual covenants, agree,rents and ixnefits to moth parties, it• is AGREEI) as follows: I. During the term of this agreement, the City agrees to furnish fire fighting arxy fire protection services to the unincorporated areas adjoining • the corporate liz-its of this City designates ray zone nur~uwer 33 & 34 on the ' official fire protection zone map of Harris County, tt~ which reference is here na6e . II. Harris County agrees r~o pay the sum of ~ 3 , 449.00 • to the City for fire fighting arr3 fire protectian' services to the unincorporated areas of Flarris County pursuant to Paragraph I of this agreement. ~Tiie County agrees that said sum is to be paid to the City within thirty (30) days after the execution of this contract. / '. i• ~• • • III. • 865-08- 1602 The berm of this agreement shall be one (1) year beginning January 1•, 1976, and ending Dzce,~nber .31, •1976. N It is hereby agreed and understood that the•fire fighting and fire protection services to be furnished by the City under this agreement shall .include but not be limited to the following: Answering all calls for help and assistance.in extinguishing fires in the aria designated in Paragraph I of this. agreement; furnishing fire fighting personnel, equipment and supplies to fight all fires within the said area; and answering all calls and furnish- ing fire fighting personnel, equipment and supplies to protect persons and property within the said area w;~ich are endangered by fires to adjacent areas; • provided, that the above described personnel, equipment and supplies are not otherwise engaged in fire fighting within the City. . ~. ~ V '- . The City shall observe and comply with all Feaeral, State, County . and City laws, rules, ordinances and regulations in any manner affecting the conduct of the services herein provided and performance of all obligations undertaken by this agreement. VI. It is expressly understood that the County has the maximum sum of $__3,449.00 specifically allocated to fully discharge its obligation under this agreement and it is expressly understood that in no event shall the County be obligated to pay this City more than the said sum of $ 3,449.00 under the terms and provisions of the agreement. VII. It is further agreed that in the performance of all obligations undar- taken by this agreement, the City has the right to supervise, manage, control and direct the performance of fire fighting and fire protection services; the County shall look to the City for results only and the County shall have no right at any time to direct or supervise the City or its agents or employees in the performance of such services or as to the -nanner, means or method in which the services are performed. -2- ~_ '; • • vzzl. 865-08-1603 The City agrees to deliver to the Fire c~iarshal of Harris County, a certified copy of the ordinance authorizing th'e City to enter into this agree-~ ment within five (5) days after the execution of this agreement.. IX. ~ • 'The City agrees to furnish the Fire Marshal of Harris County, not later than the fifth (5th) day of each month, s monthly report listing the total number of runs made into the unincorporated areas of Harris County for the previous month and such other information relating to fire fighting and fire prevention services of the City as may be requested by Fire Marshal of Harris County. Said report shall be made on the form provided by the Harris County Fire i~arshal and shall be signed end certified by an official of the City. t ~ ~ i • - _ ~ :10 - ~,Y:ji ~~ ~ , ~• .- l 1 - APPRnVED AS TO FORM: .~ ~/, Asses ant ~~ ~ ty Attorney • CITY OF LA PORTE By • MAYOR •~'° ii["'1i~i\15 CWLY1i By • JON LI DSAY, Counter Judge I hereby certify that funds • are available in the amount of ~ 3 449.00 to pay the obligation o~Harris County under and within the foregoing contract. G. FULLER`IC)N, County Au i~r Harris County, Texas'