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HomeMy WebLinkAbout1977-02-22 Regular Meeting• • ' MINUTES - REGULAR MEETING OF THE LA PORTE CITY COMMISSION, LA PORTE, TEXAS FEBRUARY 22, 1977 6:30 P.M. MEMBERS OF THE COMMISSION PRESENT: J. J. Meza, Mayor; Commissioners Bill Love, I. J. Kibodeaux, Virginia Cline and Tom Simons. MEMBERS OF THE COMMISSION ABSENT: None. OTHER CITY OFFICIALS PRESENT: Larry L. Broussard, Director of Finance; Betty Blackmon, Assistant City Clerk; Knox Askins, City Attorney; H. F. Freeman, Chief of Police; Royal Shepherd, Public Works Director; Joe 5ease, Fire Chief; Stanley Sherwood, • Parks and Recreation Director. OTHER CITY OFFICIALS ABSENT: Margie Goyen, City Clerk; D. R. Mc Laughlin, Fire Marshall. OTHERS PRESENT: Dave Corbin of Busch, Hutchison & Associates, Inc., Consulting Engineers. PRESIDING: Mayor Meza. + + + 1. CALL TO ORDER - Mayor Meza called the meeting to order. + + + • 2. `INVOCATION - The invocation was given by Commissioner Kibodeaux. + + + • Regular Meeting - 2/22/77 • 3. ACCEPT BIDS - 500 FEET FIVE INCH FIRE HOSE - The following bids were opened and read aloud - CLAUDE WRIGHT & ASSOCIATES BID - $ 2,970.00 9018 RULAND BLDG. E 4 adapters 300.00 HOUSTON, TEXAS 77055 1ST Alternate 2,885.00 2ND Alternate 2,425.00 3RD Alternate 2,340.00 FIRE FOX CORPORATION 802 NEBRASKA SOUTH HOUSTON, TEXAS 77587 BID - 2,965.50 4 adapters 433.80 Motion by Commissioner Kibodeaux seconded by Commissioner Simons that the bids be accepted for tabulation. Motion carried by the following vote: 2 AYES: Commissioners Love, Kibodeaux, Cline and Simons. NAYS: None. + + + • 4. ACCEPT BIDS- MOWING - The following bids were opened and read aloud - PETE ROBERTSON BID - Exclusive Contract $4.00 Non-exclusive Contract $5.00 per lot W. L. BROWN BID - $4.70 per lot FRED MC DOUGAL • WALKER'S DUMP TRUCK & TRACTOR EQUIPMENT INC. A. F. MUEGGE RAYMOND E. DUVALL BID - $5.00 per lot BID - $4.50 per lot BID - $5.00 per lot, extra charge for clean up BID - $4.50 per lot, trash moving not to exceed $10.00 Motion by Commissioner Love seconded by Commission Kibodeaux that the bids be accepted for tabulation. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline and Simons. NAYS: None. + + + • • Regular Meeting - 2/22/77 • 5. ACCEPT BIDS - GROUP HOSPITALIZATION AND LIFE INSURANCE - The following bids were opened and read aloud - BLUE CROSS - BLUE SHIELD Hospitalization Bid: Individual $32.96 Emp. & Child(ren) 64.91 Emp. & Spouse 78.43 Emp. & Family 88.88 Term Life - add .09 for A.D.&D. Plan I Plan II Plan III .41 .39 .36 TRAVELERS INSURANCE CO. Hospitalization Bid: Plan I - Emp. 29.96 Dependent(s) 57.89 Plan II Emp. 31.98 Dependent(s) 56.95 Term Life - add .16 per 1,000 for A.D.&D. .50 per 1,000 CAL-WESTERN Hospitalization Bid: Emp. 38.30 • 1 Dependent 35.97 2 Or more 66.80 Term life - .48 per 1,000 BUSINESS ASSURANCE CO. OF AMERICA Hospitalization Bid: Plan A - Split rates Emp. 25.85 Emp. & Spouse 58.07 Emp. & Dep. 86.86 Composite Rates Emp. 25.85 Dependent 50.12 Family 75.97 Plan B - Split Rates Emp. 24.80 Dependent 57.53 Emp. & Child 47.57 Emp. Sp.&Child 80.30 Composite Rates Emp. 24.80 Dependent 46.38 Family 71.18 GREAT SOUTHERN • Hospitalization Emp. Emp. & Emp. & Emp. & Term Life - .42 LIFE INSURANCE CO. Bid. 24.13 Spouse 57.58 Child 47.60 Family 65.80 per 1,000 3 • • Regular Meeting - 2-22-77 • GREAT WEST LIFE Hospitalization Emp. Emp. & Emp. & Term Life - .43 INSURANCE CO. Bid: 27.89 1 Dep. 61.16 Family 87.37 per 1,000 add .08 per 1,000 for A.D.&D. CROWN LIFE INSURANCE CO. Hospitalization Bid: Plan I Emp. 27.43 Dep. 50.04 Plan II Emp. 31.24 Dep. 56.43 UNION CENTRAL LIFE Hospitalization Bid: Comprehensive Major Medical Emp. 29.47 Spouse 35.52 Child 29.93 Spouse & Child 58.44 Base plus Major Medical Emp. 32.20 Spouse 38.38 • Child 24.93 Spouse & Child 63.28 Base plus Major Medical with Room and Board Emp. 32.84 Spouse 39.15 Child 25.43 Spouse & Child 64.54 4 Motion by Commissioner Kibodeaux seconded by Commissioner Love that the bids be accepted for tabulation. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline and Simons. NAYS: None. Mayor Meza appointed a committee to study the Insurance Bids and make a recommendation. The committee members are; Mayor Meza, Commissioners Cline and Love, and Mr. Broussard. + + + • • • Regular Meeting - 2/22/77 5 • 6. APPROVAL OF MINUTES - REGULAR MEETING - JANUARY 17, 1977 REGULAR MEETING - FEBRUARY 7, 1977 EMERGENCY SPECIAL - FEBRUARY 9,`1977 - Motion by Commissioner Kibodeaux seconded by Commissioner Cline to approve the minutes as presented. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline and Simons. NAYS: None. + + + 7. APPROVAL OF ACCOUNTS PAYP,BLE - Motion by Commissioner Cline seconded by Commissioner Simons 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 Simons. NAYS: None. + + + • 8. CONS'I'DER P,PPROVING PAYMENT TO BUSCH, HUTCHISON & ASSOCIATES, INC., - LA PORTS MUNICIPAL AIRPORT, IN-PLACE DENSITY TEST, 186.00 - Motion by Commissioner Love seconded by Commissioner Kibodeaux to approve payment. A copy is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline and Simons. NAYS: None. + + + 9. CONSIDER AUTHORIZING ADVERTISING F,ND ACCEPfiING BIDS FOR STREET SWEEPING SERVICE - COMPANY AWARDED CONTRACT MUST POST CASH PERFORMANCE BOND OF TEN PERCENT (log) OF YEARLY CONTRACT' - BIDS TO BE RECEIVED ON APRIL 4, 1977 AT -7:00 P.M. - Motion by Commissioner Love seconded by Commissioner Simons to authorize advertising and accepting bids for street sweeping service to be received on April 4, 1977 at 7:00 P.M. AYES: Commissioners Love, Kibodeaux, Cline and Simons. NAYS: None. • + + + February - 2/22/77 6 • 10. CONSIDER APPROVING AWARDING BID - ONE BACK-LOADING GARBAGE TRUCK - DAVIS TRUCKING & EQUIPMENT COMPANY, $16.785.00 - Motion by Commissioner Love seconded by Commissioner Kibodeaux for approval of awarding the bid to Davis Trucking & Equipment Company for one Back Loading Garbage Truck in the amount of $16,785.00. AYES: Commissioners Love, Kibodeaux, Cline and Simons. NAYS: None. + + + 11. CONSIDER PROPOSED ORDINANCE N0. 1063 AUTHORIZING THE EMPLOYING OF RATE ATTORNEYS TO REPRE-SENT THE CITY AT ENTEX RATE HEARINGS - Motion by Commissioner Cline seconded by Commissioner Love to approve Ordinance No. 1063 as read. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline and Simons. NAYS: None. CAPTION: AN ORDINANCE AUTHORIZING THE HIRING OF THE LAW FI13M • OF LEONARD, KOEHN, ROSE & WEBB; INCORPORATING THE LETTER AGREEMENT BETWEEN THAT FIRM AND THE CITY OF LA PORTE FOR THE PURPOSES AND AT THE TERMS STATED THEREIN; ESTABLISHING A POLICY FOR ANY PRIVATELY-OWNED UTILITY FOR PAYMENT TO THE CITY AND/OR TO PERSONNEL HIRED BY THE CITY UNDER SECTION 24 OF THE TEXAS PUBLIC UTILITY REGULATORY ACT; AND MAKING CERTAIN FINDINGS OF FACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. + + + 12. CONSIDER APPROVING THE AUTHORIZATION OF THE AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, WHEREBY THE CITY WILL PROVIDE FIRE FIGHTING AND FIRE PROTECTION' TO ADJACENT UNIN- CORPORATED AREAS FOR 3,785.00 PER YEAR - Motion by Commissioner Simons seconded by Commissioner Kibodeaux to accept the agree- ment as presented. A copy of the agreement is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline and Simons. NAYS: None. • + + + • • Regular Meeting - 2/22/77 7 • 13. CONSIDER APPROVING THE ASSIGNMENT OF VARIOUS LEASES TO BAYPORT P,VIP,TION, INC. - PROPOSED ORDINANCE N0. 1064 - Motion by Commissioner Kibodeaux seconded by Commissioner Love to approve Ordinance No. 1064 as read. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline and Simons. NAYS: None. CAPTION: AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF THE CITY OF LA PORTE FOR AND ON BEHALF OF THE CITY OF LA PORTE TO EXECUTE AND TO AFFIX THE SEAL OF THE CITY TO AN ASSIGNMENT OF LEASES BETWEEN THE CITY, AS LESSOR, AND BAYPORT AVIATION, INC., SUCCESSOR TO HOU-PORT AVIATION, INC., AS ASSIGNEE, ACCORDING TO THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN SAID AGREE- MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. + + + • 14. CONSIDER APPROVING SICK LEAVE EXTENSION FOR MARGIE GOYEN - Motion by Commissioner Kibodeaux seconded by Commissioner Cline to approve a 30 day sick leave extension for Margie Goyen. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline and Simons. NAYS: None. + + + 15. CONSIDER APPROVING SICK LEAVE EXTENSION FOR RAYMOND DABNEY - Motion by Commissioner Simons seconded by Commissioner Kibodeaux to approve a 30 day sick leave extension for Raymond Dabney. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline and Simons. NAYS: None. + + + 16. CONSIDER APPROVING SICK LEAVE EXTENSION FDR CARL COLE - • Motion by Commissioner Kibodeaux seconded by Commissioner Cline to approve a 30 day sick leave extension for Carl Cole. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline and Simons. NAYS: None • Regular Meeting - 2/22/77 8 • 17. CORRESPONDENCE - None. + + + 18. DISCUSSION OF DEPARTMENT PROJECTS - No discussion. + + + 19. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17 - SECTION 2 - (E) AND (G) - (LITIGATION AND PERSONNEL - Motion by Commissioner Cline seconded by Commissioner Love to recess to executive session. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline and Simons. NAYS: None. The meeting recessed at 6:52 The meeting reconvened at 6:58 Motion by Commissioner Cline seconded by Commissioner Simons to engage the services of the architectural firm of Doughtie • & Porterfield as the architects for the City Hall. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline and Simons. NAYS: None. The meeting adjourned at 7:25 P.M. Assistant City Clerk Passed and Approved this the 21st day of March, 1977. ,~ ~J • J. J. Meza, Mayo ~ ~ ' UR5EMENT AUTHORIZED D S PAGE 1 OZ-17-7 7 • -~ A C 5 COLLECTION AMBULANCE COLLECTIONS f 001-406-365.00 7.50 1 02-17-77 2724 X7.50 KNOX A5KIN5 LEGAL 5ERVICES ~ 001-700-50b.00 1762.40 02-17-77 2725 ~1~76Z.90 ' AIR COOLED ENGINE GA5KET5 002-775-50'2.00 1.75 02-17-77 272b X1.75 ~- ADMIRAL LINEN SERV. UNIFORMS <~ ~- 001-703-ZU2.00 20.82 001-706-202.00 7.50 001-750-759.00 100.58 { 001-707-210.00 8.50 ~~, 001-710-202.00 18.04 • ~-OOZ-775-205.00; 21.25 (. 002-776-205.00 29.75 ~ OZ-17-77 2727 ~ZOb.44 , BRDADWAY WRECKING YARD ~ BUD WHEEL ~ 001-709-402.00 50.00 02-17-77 2728 X50.00 AIM $ISHOP GENERAL TIRE TIRES ADJUSTMENT 002-776-503.00 10.00 ~ 02-17-77 2729 ~1U.00 BQ4~MAN DIST. DRILL BITS ~ 001-710-931.00 47.27 02-17-7'l 2730 $47.27 { BINSWANGER GLA55 CO. WINDSHIELDr ACRYLITE 001-708-205.00 12.25 ~ i 001-705-402.00 157.78 02-17-77 2731 X170.03 PAGE TOTALS 2255.89 i t.. t; • ~ .. ,. AUTHORIZED DISBURSEMENTS " PAGE 2 02-17-77 ~ EARRETT'S HTG. & A/C MOTOR BLOWER y t. • 001-700-401.00 113.04 ~ ~ 02-17-77 2732 X193.04 E BAYSHORE 5UN ' LEGAL NOTICES ~ - 150-752.00. 001- 155.44 ~_ 02-17-77 2733 X155.44 ~ BIG THREE INDUSTRIES CUTTING HERD 001-710-404.00 58.58 02-17-77 2734 X58.58 ' - DIM BALL INTERNATIONAL CARB~ GA5KE7 001-7U9-402.00 98.55 f• •- ~ 02-17-77 2735 X98.55 ~~ ~_ BAY PLUMBING SUPPLKY MISC. PARTS & SUPPLIES \- 002-115-000.00 85.25 0 t 001-710-205.00 3.36 ~- ~~ (, 002-775-41b.00 4.00 ~.: " _ _ . , 468.75 ,- ~ ~_ 002-77b-4.23.00 ~ 002-776-425.00 9.76 -' 002-776-502.00 _1.43 ~ ~. . ~02-17-77 2736 X572.55 '~ ~ BAYTOWN COMMUNICATIONS SERVICE PARTS 001-707-407.00 291.86 ~ 001-711-407.00 40.95 ~' ~ "02-17-77 2737 X332.81 _~ BRIGGS-WEAVER. INC. GLOVES - ~ 001-115-000.00 182.04 ~ 02-17-77 2738 ~18L.04 ~ ~ MORRIS COVIN & ASSOC. POLYGRAPH • 001-707-510.00 25.00 • 02-17-77 2739 X25.00 `~-~ .., ~. ~ PAGE TOTALS 1538.01 t. ~~~ J ~ ~ ~ ALITHORTZED DISBURSEMENTS PAGE 3 02-17-77 ~ C[lMP"fON' S FLOWER DRUM .~ M. GOYEN 001-700-510.00 13.50 ~- - X13.50 { (. Oc. 17 77 2740 CANINE SERVICES- NARCOTIC DETECTION ~ ~ 001-707-510.00 b2.ZO OZ-17-77 2741 ~b2.20 ~: CORNELIU5 CLEANERS FIRE DEPT. LAUNDRY , 001-703-51b.00 13.08 ~- 02-17-77 2742 X13.08 ~- COOPER.VALVE & FITTING FLANGES ~ 001-703-402.00 34.41 ;. ._ {. 02-17-77 274.3 X34.41 GAMES CRATE PT5 & LABBR ON PLECTRON ~ -' 001-703-407.00 88.55 J 02-17-77 2744 ~Ei8.55 ,' ~_ CASE POWER & E4PT. FILTERS 002-775-501.00 7.84, ~' • 02-17-77 2745 1;7.84 ~ DANIEL'S DUMP TRUCK LIMESTONE ~~ 001-709-302.00 9b8.9b 02-17-77 2746 ~9b8.96 ~ DIXIE.f,HEMIGAL CO. CHLORINE t ~ 002-776-201.00 520.00 002-775-201.00 621.70 { 02-17-77 2747 1`1.141.70 ~• ERATH SOUND CENTER SOUND SYSTEM ~ 001-706-301.00 50.00 ~ 001-706-933.00 179b.00 ~ ~ ~ OZ-17-77 274$ 9;1,846.00 ,. ENTER NATURAL GA5 002-775-602.00 211.12 { • 02-17-77 2744- X211.12 ~. t... PAGE TOTALS. 4387.36 ~. . ~ AUTHORIZED D ~URSEMENTS PAGE ~ 4 0 2-17-77 t FACTORY SAFES CO. UNIFORMS 001-707-210.00 ~~ 199.35 ~.~ 02-17-77 2750 X199.35 BEN FRANKLIN ALBUM & REFILLS ~. 001-707-203.00 11.38 OZ-17-77 2751 X11.38 ~.. _ FIRE FOX CORP.. BAL ON TRUCK EQUIPMENT 001-214-703.00 3 000.00 t_ 001-703-210.00 70.00 ~ 001-703-932.00 ~ 417.36 02-17-77 2752 X3.487.36 :: ~- _ FULLER TIRE mUBE 001-708-402.00 4.40 02-17-77 275,3 ~y.40 :J ( GESTETNER CORP. 5TENGILS ' 001-700-204.00 8.68 ~-- 02-17-77 2754 X8.68 • COAST DODGE GULF CABLE ~ 001-703-402.00 6.29 02-'17-77 2755 $6.29 . GULF OIL CORP. GASOLINE. SUPPLIES 001-710-207.00 3750.18 02-17-77 2756 ~3r750.18 r HUMPHREY SUPPLY CO. HOSE5 001-71Q-2x5.00 11.08 002-776-501.00 62.32 ' 02-17-77 2757 X73.40 HOUSTON WELDING OXYGEN 001-703-ZO6.00 24.75 02-17-77 2758 X24.75 { HUNTER CHEMICALS CAR WASH • 001.-710-402.00 123.00 t,. 02-17-77 2759 X123.00 ~_ t i PAGE TOTAL5 7693.79 ~ • RSEMENTS AUTHORIZED llI - PAGE 5 02-17-77 ~ HARRI50N DISCOUNT SALES•~ TRAMPOLINE 001-706-603.00 215.00 ~ ~ 02-17-77 2760 X21.5.00 { HOUSTON L & P CO. ELECTRICITY 002-775-601.00 593.09 008-701-507.00 7.89 02-17-77 2761 ~60U.48 ~ INTERSTATE BATTERY BATTERIES 001-115-000.00 205.50 ~ 02-17-77 2762 $205.50 .: --- I B M CORP. TYPEWRITER ~ 001-750-760.00 747,00 02-17-77 .2763 X747.00 { B P OOHN50N o SAND ~-- 002-600-134.00 192.00 - 008-7U1-508.00 720.00 • 02-17-77 2764 ~91L.00 LAYNE TEXAS G0. CHECK PUMPING EQPT. ~ 002-775-502.00 3919.24 c' _ 02-17-77 2765 X3.919.24 LA FORTE RENTALS PUMPS 002-776-603.00 128.00 OZ-17-77 2766 ~12i3.00 ~~ LQNGHORN TIRE CO. TIRES. TUBES 001-707-402.00 ::,: 131.12 - ~~ 001-709-402.00 34.50 ~ OZ-17-77 2767 X165.62 LA PORTS HARDWARE MISC. SUPPLIES 001-115-000.00 39.08 ~ 001-700-205..00 5.23 ~- 001-700-301.00 11.75 • 70 001-701-205.00 . 001-701-405.00 49.50 t 001-?03-402.0.0 85.88 001-706-205.00 30.00 VV 1~` f-VO-JV 1 . VV • i; 001-706-406. 5.5.3 001-707-205.00 12.54 ~~ ~ • 02-17-77 2768 X287.05 f ~. ~ PAGE TOTALS 7180.39 ~ ~-~ AUTHORIZED DISBUR5EMENTS PAGE b 02-17-77 LA PORTS HARDWARE. MISC. SUPPLIES ~ 001-708-205.00 6.76 ' 001-708-402.00 . 4.09 ~~, ,. ~. 001-709-205.00 .~ 17.47 001-710-205.00 1.34 E:. °- ~ ~ 001-710-301.00 8.05 ~ 001-:710-404.00 .45 tr 002-775-202.00 4.89 ` ~ 002-775-204.00 10.98 ~ 002-"175-502.00 2.13 ~~ ~ 6 5 02-17-77 2769 6.6 X ~ ~ LA PORTS HARDWARE MISC. SUPPLIES 002-775-413.00 17.35 - 002-775-923.00 30.24 t. 002-776-501.00 5.19 ,- { 002-bU0-134.00 33.37 ~ ` 02-1.7-77 2770 X86.15 LA PORTS LUMBER BUILDING MATERIALS ~, ~ 001-700=301.00 29.20 ~ 001-706-301.00 30.08. ~ 001-709-205.00 23.77 r ~ 002-775-202.00 3.64 { OZ-17-77 2771 X86.69 • LUMUS BAYTObJN DODGE AUTO PARTS 001-115-000.00 30.65 t. 001-707-402.00 175.60 ~ 001-708-402.00 99.07 ,. ~~ 02-17-77 2772 X305.32 t . , ,. _. _ ,1 • PAGE TOTALS . 534.82 {• • AUTHORIZED DI5$URSEMENT S PAGE 7 02-17-7 7 { MOORE & MOORE LMBR. MOULDING 001-706-301.00 11.13 ~ 02-17-77 .2773 X11.13 SAY MARKS CHEVROLET PARTS SERVICE 001-702-402.00 3.08 E. -~ ~ 001-705-402,00 346.63 001-708-402.00. 9.00 ~ • 001-709-402.00 27.32 ~ 02-17-77 2774 c X436.03 • Fl~ANK GLA55 MINIMAX MISC. SUPPLIES { a 001-701-205.00 5.52 001-703-201.00 123.54 ~ 001-703-205.00 1b.70 001-706-202.00 23.46 • 001-706-205.00 2.46 001-707-201.00 .49 ~ 001-707-205.00 41.58 001-709-206.00 6.58 ~' 001-710=202.00 6.46 ~ 002-776-425.00 6.60 02-17-77 2775 X233.89 t NAYLOR SUPPLY CO. VALVE ASSY., GAUGE 002-77b-501.00 110.00 (, OZ-17-77 2776 ~11U.00 • NATIDNAL SHERIFF'S A550C. PHASE IV NNWP ~ 001-707-205.00 30.34 ~ OZ-17-77 2777 X30.34 PERSENAIRE APRK TENNIS TABLE ~ 001-7Ub-603.00 266.60 (, ( • C C C ~~ {. r (. • ~. '~ PAGE TOTALS 1087.99 AUTHORIZED DISBURSEMENTS PAGE 8 02-17-77 PRUITT BROWNING 15" CONCRETE PIPE 001-709-302.00 219..30 ' 02-17-77 2779 X214.30 PITNEY-BOWES ~ MAINT. AGREEMENT 001-700-404.40 • ' 111.00 ' f. .- - 02-17-77 2780 X111.00 PFEIFFER-GAMBRELL - SUPPLIES. SERVICE 001-701-405.00 39.36 001-710-301.00 31.50 002-7.75-415.00 9.52 OOZ-775-502.00 15.28 02-17-77 2781 X95.66 POLKER WELDING CO. OXYGEN REPAIRS 001-71U-205.00 2.0.25 001-710-206.00 38.10 002-775-501.00 30.60 OOZ-775-502.00 11.00 02-17-77 2782 X49.45 REEDER PLUMBING & HTG. REPAIRS 001-700-404.00 14.b5 001-710-404.00 16.50 , 02-17-77 2783 X31.15 R P W~ INC. STARTERS 001-115-000.00 45.50 OZ-17-77 2784 X45.50 ROYAL SCREEN PROCESSING T-SHIRTS 001-706-210.00 217.b0 02-17-77 2785 ~217.b0 THE ROHAN CO. VALVE BOXf RESETTERS 002-115-000.00 2182.98 ~ ~~ 02-17-7 2786. 1;2. X37.14 (~ ~. ~ • PAGE- TOTALS 3157.30 ~. AUTFiC1R I ZED D I SBUR SEMENTS {~ PAGE 9 0 2-17-77 ~ ` 5}-.ARP GRAIN CUPS { 001-703-201.00 9.95 02-17-77 . 2787 1;9.95 SA--50~ INC. 5IGN5 r t. 001-707-304.00 532.03 ~ 02-17-77 2786 e ._ 1f532.03 ~,, SOUTHERN BUILDING CODE BLDG. CODE _ t 11.00 ~ 001-711-203.00 . ~ 02-17-77 2789 X11.00 ,~ f SKYLARK CAMERA CAMERA SUPPLIES ~ 001-707-209.00 47.88 ~, 02-17-77 2790 X47.88 ~ SUPER-X DRUGS MISC. SUPPLIES ~. 001-70b-202.00 -4.33 } 001-706-205.00 .69 {i 001-710-205.00 11.52 001-710-301.00 50.99 001-711-211.00 23.41 ~ 002-600-134.00 19.96 02-17-77 2791 X110.90 ~ SS SOUTHWESTERN-BELL ~ PHONE SERVICE ` 001-700-511.00 ..1681.37 ~ 001-703-511.00 4.8.84 ~ ~ 001-705-511.00 4.93 t_ 001-706-511.00 69.07 ~- 001-707-511.00 216.03 ~~ ( 002-775-606.00 17.25: ' 02-17-77 2792 X2.037.49 ~- -- _ _sn1~TNLIF~TFRN RFI i ~ PHONE _ .. v v ~ ~ v 1 .• 1~• v V ~ - ~ i I -. ~ J 02-17-7 2793 ~.199.'lb • ~; PAGE TO"PALS 2 949.01 ~~ AUTHORIZED UI5BU R5E~MENTS PAGE 10 U2-17-77 ~ SOUTHWESTERN BEL L TELEPH DNE PHONE 5ERVICE 001-703-511.00 47.30 ~- 001-706-511.00 b9.52 ~ 001-707-511.00 308.50 02-17-77 -2794- X425.32 ,. -. ~ STANDARD COFFEE COFFEE SUPPLIES 001-700-201.00. 100.35 ~ 001-707-201.00 97.78 001-710-201.00 106.27 02-17-77 2795 X304.40 ~~ STANDARD COFFEE. SERVICE COFFEE SERVICE 001-700-201.00 235.56 '/ 001-707-201.00 43.95 f OZ-17-77 2796 X279.51 TEXAS DEPT. OF C DRRECTID NS NAME PLATES 001-700-203.00 9.36 001-704-203.00 3.12 ~ 001-705-203.00 3.12 9.36 ~ 001-706-205.00 j 02-17-77 2797 X24.96 TOM-KEN PRINTING FIRE ALARM RES. ~ 001-703-204.00 49.50 02-17-77 2798 X49.50 ~ 3M CO. BARRICADE SHEETING . 001-704-304.00 203.35 ~ 02-17-77 2799 X203.35 ~ UNIVERSAL JOINT SERU. FITTINGS 001-709-402..00 43.72 ~... 02-17-77 2800 X43.72 (. \. (' l l r 1330.7b r ~ AUTHORIZED DISBURSEMENTS PAGE 11 02-11-77 ~~` WEST CHEMICAL 001-700-509.00 ~~ 001-710-509.00 ~ 02-17-77 2801 ~ DR M H WYATT - 001-708-510.00 ~ , 001-710-510.00. ~.~ 02-17-77 2802 BOB WILLIAMS ( 001-115-000.00 02-17-77 2803 ~..~ • BEARING T L WALKER t 001-707-402.00 001-709-402.00 002-775-416.00 " 02-17-77 2804 WESCO ~ 001-115-OOU.00 ~- 02=17-77 2805 PAGE TOTALS l.. • t. 1. ~. WASHROOM SANITATION 11.00 , 29.90 X40.90 WORK PHYS I CAL_S 25.00 ~~ _50.00 X75.00 AUTO.PARTS ,- 58.45 X58.45 WHEEL BEFiRINGS~ BELT 10.00 5.70 14.52 ~30.Z2 LWMP 6.12 X6.12 210:69 c t ~• l -. (~ ~: i ~` ti ~ ~ ~- `. i ~- AUTHQ RIZED DISBURSEMENTS. ;• PAGE 12 02-17-77 ~' TOTAL DEBIT POSTED EXPENDITURE 26482.94 r-~, REVENUE DEB 7.50 G/L DEBIT 5835.57 6- ~- - t. TOTAL GR055 - DISCOUNT = NET CHECK 32326.01 .00 32326.01 ~` 1 2203.1 .21 Z 95 bb . 91: ~' 8 727.89 _ ,' 32326.01 ~' 001-1 01-000.00 32326.01- .00- - r- f°~ - ~ ~ t.. , . ~ , ~._ ~. t. ~` (~ ~USCH, HUTCHISON & ASSOCIATES, 1107 FLEETWOOD DRIVE - BAYTO' City of La Porte ° P. 0. Box 1115 La Porte, Texas .77571 Attention• Contract or Purchase Order No. ~~ INC. NN, TEXAS Date: INVOICE N0. 1,~~"~ CONSULTING EN0INEER3 77620 ..~ - PHONE (719) 422.8213 Pe6ruary 4, 1977 ,~ Our Job No. 73-997 Date - Reference Descri ti on of Work ~~1PRt~f~ME~Crs PoR ~,A PQRTE MUI~~CT'('l~t, AI:RPoRT AAA ADAF ~ ~~4sra1 v..az xti-~P1ace Detts~y~ Test see Secti~t~ '~ Paragrap~ C C1 dL Q~ Cotttra,ct ~rl`t~ cif Qf t,~ ~'ort~L . ~ mss. @ $31. QO~eip~th ered Payments Balance By Char es Received Due 18C.O~ $lsfi,na i.." ~ ~'~ .. , :: } } ._ . • _. • • DEPARTMENT O.F PUBLIC ~UORKS CITY OF LA PORTS INTER-OFFICE MEMORANDUM T0: Mayor and Commission FROM: Royal HC Shepherd SUBJECT : Bid recommendation DATE : February 15, 1977 The Public Works Department would like to recommend accepting the low bid of $16,435.00, plus $350.00 for a two (2) speed rear axle from Davis Truck & Equipment Co., Inc. for a garbage truck. Total cost to be $16,785.00. Royal HC Shepherd Director of Public Works • RHCS:dg CC: J. J. iReza, i~Iaycr Bill Love, Com«iss~.cner I. J. Kibodeaux, Cam,.~issio:aer `di_nr~.~. Cline, Commissioner T:~ Simon. Commissioner Larry Broussard. nir. of Finance .: ~ ~ • ORDINANCE NO. 1063 AN ORDINANCE AUTHORIZING THE HIRING OF THE LAW FIRPd OF LEONARD, KOEHN, ROSE & WEBB; INCORPORATIrdG THE LETTER AGREEP4ENT BETWEEN THAT FIRM AT1D THE CITY OF LA PORTE FOR THE PURPOSES AND AT THE TERMS STATED THEREIN; ESTABLISiiING A POLICY FOR ANY PRIVATELY- OWNED iJTILITY FOR PAYMENT TO THE CITY AND/OR TO PERSONNEL HIRED BY THE CITY UNDER SECTION 24 OF THE TEXAS PUBLIC UTILITY REGULATORY ACT; AND r1P.KING CERTAIN FINDINGS OF FACT; AND PROVIDING AN EFFECTIVE DATE HEREOF . BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. P ursuant to the "Statement of Intent to Change Rates" filed with the City by Entex, Inc., a privately-owned public utility, for an increase in gas rates and other considerations (the "Entex T~iatter") and Pursuant to Article 1446(c), V.A.T.S., the "Public Utility Regulatory Act", the City Commission of the City of La Porte, acting on its own motion, finds it necessary to employ outside attorneys to handle the Entex Matter on behalf of the City. Section 2. Pursuant to the agreement between the City Commission of the City of La Porte and the law firm of Leonard, Koehn, Rose & Webb, which agreement is attached hereto and made a part of this ordinance for all purposes stated herein and in that letter agreement, the DZayor and City Clerk are authorized to execute this agreement on behalf of the City Commission. Section 3. Pursuant to Article 1446(c), Sections 23 and 24, the City Commission of the City of La Porte is obligated to make a reasonable determination of rate base, expenses, investment and rate of return within the municipal boundaries in order to regulate • its public utilities. To do so, the City Commission of the City of La Porte must hire outside rate experts pursuant to Section 24 of Article 1446(c). The City Commission of the City of La Porte finds that it does not have budget funds in its current budget adopted October 1, 1976, to provide for payment of such outside • experts before being reimbursed by the public utility as provided in Section 24 of Article 1446(c), V.A.T.S. Therefore, the City - + ~ • Commission of the City of La Porte will hereby require any public utility, upon receipt of the statement of the City and/or of the outside experts to reimburse the City for its debt to such outside experts or to pay them directly. Section 4. The City Commission of the City of La Porte has reviewed the letter agreement made a part hereof and finds that the fees and expense charges proposed in that letter agreement are reasonable under Section 24, Article 1446(c), V.A.T.S., based on the nature of the. work to be done and the skill and expertise required. Section 5. This Ordinance shall be effective immediately • upon its passage and approval. PASSED AND APP ROVED, this 22nd day of February, 1977. CITY OF LA PORTE B '_-=---v~~~t- -- Y J. J. Meza, Mayor • • ATTEST: i _-C~ ,/ ~Z,C'~"~~'.'~-tom City C~~rk APPROVED: X ~~ pity Attorney -2- ~ ~ • LEONARD, KOEHN. ROSE & WEBB A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELLORS SUITE f03 8330 WEST LOOP SOUTH HOUSTON, TEXAS 77401 (713) 861.3488 s UITE 1111 200t BRYAN TOWER DALLAS, TEXAS 75201 (2,41 851-'D31 February 22, 1977 DAVID F. WEBB The Honorable Mayor J. J. Meza and the ionorable City Commissioners P. O. Box 1115 La Porte, Texas 77571 Dear Mayor and Commissioners: SUITE 1408 CAPITAL NATIONAL BANK BUILDING AUSTIN, TEXAS 78701 (5i2) 476.0297 Through your representatives, we haae c~.iscussed acting as attorneys for the City of La Porte City Commission, . sitting as the regulatory authority regarding a rate investigation, hearings and possible appeals and litigation regarding the December, 1976 application of Entex, Inc. (hereinafter referred to as "Entex Matter") for an increase in their gas rates and for a fuel clause or a cost-of-service adjustment clause. We now desire to set forth in writing our proposed services and the basis for our compensation. C t~]e will, as requested, advise and represent the City of La Porte (hereinafter referred to_ as "City") with respect to the rate investigation and hearings which the City may hold regarding the Entex Matter. We will further represent the City with regard to selecting and engaging, negotiating with, consulting with and supervising any rate consultants, accountants, auditors, engineers, or any combination thereof, and/or any such utility rate case experts which the City may wish to hire under the provisions of Section 24, Article 1446(c) (Vernon's Annotated Texas Statutes) of the Public Utility Regulatory Act of 1975 of the State of Texas, or such similar experts which the City may wish to hire independent of said Statute. We will further represent the City with regard to any appeal and/or litigation resulting from the action or inaction of the City Council as regulatory authority on the Entex Matter, including but not limited to, appeals to the Railroad Commission of Texas, the Public Utility Commission of Texas,. any state or federal district court, any Texas Court of Civil Appeals or United States Court of Appeals, C7 ~ • • City o f La Porte . P age Two February 22, 1977 • ~J and/or to the Supreme Court of Texas or the Supreme Court of the United States. Our services in these forums, if necessary, will include preparation of rate, legal and/or litigation documents, pleadings and briefs, and appearances, on behalf of the City before the City Commission, before the named Commissions, and before the named Courts, and preparation and negotiation of any agreements which may be made by the City regarding the Entex Matter. Our services will further include answering specific questions of a legal nature which may, from time-to-time, arise and be referred to us by your City in connection with the above- described matters. It is contemplated that this law firm will be representing other cities on similar matters, particularly the Entex Matter. If we do so, we agree with the City to prorate those expenses and charges for our services which are of joint and/or general benefit to the cities. The proration of our expenses and fees will be on the basis of the total number of gas customers in all cities, apportioned to each city by its percentage of gas customers compared to-total gas customers of all cities. The number of gas customers will be determined from the current rate application filed by Entex, Inc. with each city. In return for and in consideration for such services described above, our fees will be on a time charge basis for which records will be kept by our law firm. The time charge basis for services will be $100 per hour for time devoted to the above-described services by any partner of this law firm; $75 for any associate attorney; $60 for any legal assistant with utility experience, and $35 for any other legal assistant. Actual expenses incurred by us for your account, will be reimbursed by the City and are not to be considered as a part of our compensation. Such expenses will be billed at regular intervals for payment, and will include but not be limited to personal or law firm auto expenses at $.25 per mile, car rental expenses if necessary, filing fees, travel and lodging expenses, and any other necessary and reasonable disbursements on behalf of the City. Our compensation shall be due and payable upon receipt of our statement when billed to the City. It is our understanding that under the City's budget situation, the only way the City can fulfill its obligations under Section 23 is to bill Entex directly upon receipt of our monthly bills, and for those bills to be paid either to the City, reimbursing the City for the debt owed to us, or directly to us by Entex. • • • City of La Porte Page Three February 22, 1977 Pursuant to this agreement, this firm will require regular monthly payments from the City and/or Entex, due upon City's receipt of our monthly bill. It is our joint expectation and understanding of the law that the City will be reimbursed on the Entex P4atter by Entex, Inc. under Section 24 of the Public Utility Regulatory Act of Texas. However, if any court, upon exhaustion of final appeals, should adjudge the fees owed by Entex, Inc. for our attorney services to be less than those fees paid and/or due us by the City, we agree to make a deduction and/or refund of the amount due and/or paid us by the City. If Section 24 of the Public Utility Regulatory Act of Texas should be repealed by statute, adjudged upon exhaustion of all appeals to be unconstitutional, or otherwise declared invalid upon exhaustion of all appeals, the City will remain obligated for our services rendered as agreed in this letter agreement. This agreement may be terminated either by you or by us at any time, in which event, of course, we expect to be paid any compensation earned to the date of such termination and to be reimbursed for any expenses which may have been incurred to that time. A place is provided below for the acceptance and acknowledgment by the appropriate City official or officials, and if you so agree, we ask that the appropriate executions be accomplished, and a signed duplicate original be returned to us. We look forward to the opportunity to serve you and your City on this very important matter. ' cerely, David F. We b For the Firm ~J cc: Mr. Knox Askins, City Attorney Mr. Larry Broussard, Director of Finance The foregoing is hereby accepted on behalf of the City of La Porte by the undersigned, wh~ha\ een duly authorized to do so. Mayor, City of La Porte, Texas • ~ ., ,.- ._ • February 10, 1977 Dear City Secretary: Enclosed you will find a copy of the 1977 Agreement regarding Rural Fire Protection in Harris County. Please complete the necessary information and return the Agreement to the Harris - County Fire Marshal's Office as soon as possible. I would like to express my sincere appreciation to your fire department for your services in 1976. Congratulations on a job well. done, and I am looking forward to working with you in 1977. Sincerely, J. J. PRUITT FIRE MARSHAL HARRIS COUNTY JJP:ld - Enclosure • - - ,•, ,' „ ~ • • ~ • • A G H E E M l IJ Z' TFiE STA'I`E OF TEXAS ) ( COUTITY OF HARRIS ) `1HI5 Ac~cEE<~tINT, mace and entered into by and r~etween t~ARKIS COUi~7.'Y, a bony- corporate arra politic under the laws of the state of `I•exas, hereinafter sometimes called ''County,'' acting :Herein by and through its County Juage duly .authorized to so .act by an Urder of the .Harris County Commissioners Court, and .the City of LA PORTS a municipal corporation duly organize3 and existing under the laws. of the StatQ of Texas, hereinafter some- times called "City," acting izerein by and throuyn its .tisayor duly authorized to ,: ._ ~ act by an Ordinance duly passea by the City. 6VHEREAB,,Harris County desires ts~ provide-fire fighting and fire.. 0 Protection services to certain unincorporated areas of Harris County as here- inafter designated; arri . ~~iEFcE,A5, the .City of LA PORTS- is willing to furnish fire fighting anti fire protection services to said unin- corporated areas of Harris County for the considerations hereinafter provided; NOW, THEREFORE, 14~ ALL P~IEnI DY THESE PRESENTSr That in considera- tion of the mutual covenants, agreements and t~nefits to both parties, it is AGRE» as follows: • I. During the term of this agreement, the City agrees to furnish fire..- . • fighting anti fire protection services t~ the unincorporated, areas adjoining the corporate limits of this City designates by zone number 33-34 on the official fire protection zone map of Harris County, to which reference is here ma5e . II. Harris County. agrees too pay the sum of $ 3785.00 to the City for fire fighting and fire protection services ~ the unincorporated . areas of Harris County pursuant too Paragraph I of this a reen~ent. die Count 9 y agrees that said sum is to be paid to the City within thirty (30) -days after _ -the execution of this contract. ' . _ -, -; .. ~~ ~ -, `.~ ~ .. .. , ~~ ,_ , . .. ,~ ,. • • • ~J III. The .term of this agreement shall be one (1) year beginning January 1, 1977, and ending December 31, 1977. IV. 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 area 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 which 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 Federal, 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 • $ 3785:00 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 $ 3785.00 under the terms and provisions of the agreement. VII. It is further agreed that in the performance of all obligations under- 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 na 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 manner,-means or method in which the services are performed. -2- r • • ~ • • . .. VIII. The City agrees to deliver to the Fire Marshal of Harris County, a .certified copy of the ordinance. authorizing the City to enter into-this agree- mint within five {5) days after the execution of this agreement. IX. The City agrees to furnish the Fire Mars'nal of Harris County, not. later than the fifth (5th) day of each month, a monthly report listing the total nu,~nber 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 Marshal and shall. be signed and certified by an official of the ~; ,_. City. ATTEST: CITY OF LA PORTE 0 ~. By : SECRETARY MAYOR HARRIS COUNTY By APPROVED AS `1'0 FORM: - JON LINDSAY, oun y Juage Assistant County Attorney I hereby .certify that funds are available in the amount of $ to pay the obligation. o Harris County under. and within the foregoing contract.. S. G. FULLERTON,.County Auaitor _ Harris County, Texas _3_ . :.~•, ~ /. -. r - ~ ~ . `+ ~~ ', s:. y e ~~ u ORDINANCE N0. ~• AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK -0F THE CITY OF LA PORTE FOR AND ON BEHALF OF THE CITY OF LA PORTE TO EXECUTE•AND TO AFFIX THE SEAL OF THE. CITY TO AN ASSIGNMENT OF LEASES BETWEEN THE CITY,. AS LESSOR, AND BAYPORT AVIATION, INC., SUCCESSOR TO HOU-PORT AVIATION, INC., AS ASSIGNEE, ACCORDING TO THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE. .Section 1. That the Mayor. and the City Clerk of the City of La Porte, Texas, be and they are hereby authorized and directed to execute for and on behalf of said City, an. Assignment of Leases with Bayport Aviation, Inc., successor to Hou-Port Aviation, Inc., according to the terms, provisions and conditions contained in such Agreement, a copy of--which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. This Ordinance shall take effect and be in ~' force from and after its passage and approval. PASSED and APPROVED this the 22nd day of February, 1977. CITY OF LA PORTE ATTEST: City Clerk APPROVED: • 't-'t'"t~ ~~/~ Ge City Attorney • By • J. J. Meza, Mayor • .. . • ~ ASSIGNMENT OF LEASES THE STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS X WHEREAS, by Lease Agreement dated January 1, 1966, between the City of La Porte, Lessor, and Hou-Port Aviation, Inc., a Texas corporation, successor to Bayport Aviation, Inc., Lessee, Lessor granted to Lessee the option (which may be exercised any time on or before December 31, 1985) to lease from Lessor, not to exceed twenty (20) acres, from the then remaining unleased portion of the City of La Porte Municipal Airport at an annual rental of Four Hundred Thirty-five Dollars and Sixty Cents ($435.60) per acre leased, subject to the terms and provisions therein contained; and WHEREAS, by Agreement dated January 15, 1966, by and between the City of La Porte, Lessor, and Hou-Port Aviation, Inc., a Texas corporation, successor to Bayport Aviation, Inc., Lessee, Lessor granted to Lessee the option, to become Lessor's assignee of certain third party Lease Agreements; and WHEREAS, the City of La Porte, as Lessor, has entered into an Agreement of Lease dated July 1, 1972, with Gulf Central Aviation, Inc., Lessee, as authorized by City of La Porte Ordi- nance No. 932, for the lease of 3.00 acres of land at the City of La Porte Municipal Airport; and WHEREAS, the City of La Porte, as Lessor, has entered into • an Agreement of Lease dated .January 1, 1977, with Gregory Aviation, a co-partnership, composed of Robert A. Gregory and James M. Williams, Lessee, for the lease of 3.315 acres at the City of La Porte Municipal Airport; and WHEREAS, Bayport Aviation, Inc., by letter dated November 26, • 1976, has exercised its above-described options, as to said property and as to said leases: NOW, THEREFORE, KNOW ALL. MEN BY THESE PRESENTS, that the City of La Porte, a municipal corporation, Lessor under the two above- • • • -2- r ; described leases of property at the City of La Porte Municipal Airport, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to it in hand paid by Bayport Aviation, Inc., and an annual rental of Four Hundred Thirty-five Dollars and Sixty Cents ($435.60) per acre leased, payable annually in advance, and subject to the terms, conditions and covenants contained in said lease agreements, has sold, trans- ferred and conveyed, and does hereby sell, transfer and convey unto the said Bayport Aviation, Inc., a Texas corporation, having its principal office in Harris County, Texas, the two abovementioned leases with Gulf Central Aviation, Inc., and Gregory Aviation, a co-partnership, as aforesaid. Bayport Aviation, Inc., joins herein to evidence its agreement to become City of La Porte's assignee of said lease agreements with said parties, and thereby to become bound by the terms, conditions and covenants in said leases contained. IN WITNESS WHEREOF, the parties hereto have hereunto signed and sealed this instrument in several duplicate originals, this the 22nd day of February, 1977. CITY 0~---~A~PORTE • J. J. Meza, Mayor ATTEST: ~~ --~ ity C erk BAYPORT AVIATION, INC. __ ,_ _ /t ~ ~ J. Watson, President ATT~ST: ~ ~ ~. ecretary • _ ~. ~ . - ~ ~ RTE CITY OF APO PHONE (713) 471.5020 • P. O. Box 1115 • LA PORTE, TExns 77571 • ~- i _ -._ ...... .. , ,~_.. _ .. - DATE : ~' l ~ 7 Honozable Mayor and City Commissioners La Porte, Texas Dear Madam & Sirs: This is to request your consideration and recommendation of a thirty (30) day extension of sick leave for " ~ ~~ ~.J an employee of the City of La Porte. ~~~.e~ -~r~_¢S • o h ersonnel olic I would re uest is i11, and if permissible thr ug p p y, q this extension be granted. has been employed with the City of La Porte ~ ~~°".. l since ~~..~' / 7 ~ ~ and maintains a good employment record, and has not abused his sick leave time. W11 you please process this request through proper investigation and advise your recommendation. to the payroll department. Sincerely; ~~~~ Depa ent Head ~ ,~ --~ Department La Porte, Texas • • • ~, ~~ • CITY PHONE (713) 471.5020 OF A FORTE • P. O. Box 1115 • LA FORTE, TEXAS 77571 .,-~,. .. r _.... DATE; HonoaCab7.e Mayor and .City Commissioners La Porte, Texas Dear Madam & Sirs: 2-14-77 This is to request your consideration and recommendation of a thirty (30) day extension of sick leave for Mr; Raymond Dabney , an employee of the City of La Porte. Mr. Raymond babney is i11, and if permissible through personnel policy, I would request this extension be granted, Raymond Define has been employed with the City o~ La Porte since 1=5-76 and maintains a good employment record, and has not abused his sick leave time, W11 you please process this request through proper investigation and advise your recommendation. to the payroll department. N ;.~ La Porte, Texas 4 ~~ • CITY PHONE (713) 471.5020 OF A FORTE • P. O. Box 1115 • LA FORTE, TEXAS 77571 ..,.Ra ~ .,, ,_.Tro .,.~asr ~ ~«*s~s .Fe ` .. .. - __. ,,.. ._ _ ,. ... _... _- ., ,.: _1 _,. .. . _ ~~ DATE : 2-14-7 7 Honorable N~ayor and City .Commissioners La .Porte, Texas Dear Madam & Sirs: This is to request your consideration and recommendation of a thirty (30) day extension of sick leave. for Mr~. 'Carl Cole • an employee of the City of La Porte. Mr. Carl Cole _ is i11, and if permissible through personnel policy, I would request this extension be granted. Carl Cole has been employed with. the City of La Porte since 12-3=76' and maintains a good employment record, and has not abused his sick leave time. W11 you please process this request through proper investigation and advise your recommendation. to the payroll department. 1Y~ D tment He Department La Porte, Texas THE AMERICAN INSTITUTE OF ARCHITECTS • AIA Document 8141 Standard Form of Agreement between Owner and Architect THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT • made this 4th day of March in the year of Nineteen Hundred and Seventy Seven BETWEEN the Owner: THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS and the Architect: DOUGHTIE & PORTERFIELD, A. i. A. , PASADENA, TEXAS For the following Project: A CITY HALL BUILDING, containing, but not limited (Include detailed description of Project location and scope) to the following functions 1. Mayor and Commissioners Offices. 2. Council Chamber. 3. City Clerks Office. 4. Municipal Court. 5. Water Department. 6. Tax Department. 7. Finance Directors Office. 8. Permit and Inspections Department. 9. Bookkeeping and Computer Room. • The Owner and the Architect agree as set forth below. AIA DOCUMENT 6141 OWNER-ARCHITECT AGREEMENT • JANUARY 1974 EDITION • AIA®• ©1974 ~ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 t • LJ • PERCENTAGE OF CONSTRUCTION COST I. THE ARCHITECT shall provide professional services for the Project in accordance with the Terms and Conditions of this Agreement. II. THE OWNER shall compensate the Architect, in accordance with the Terms and Conditions of this Agreement. A. FOR BASIC SERVICES, as described in Paragraph 1.1, Basic Compensation shall be computed on the basis of one of the following PERCENTAGES OF CONSTRUCTION COST, as defined in Article 3, for portions of the Project to be awarded under A Single Stipulated Sum Construction Contract percent (6.5%) ~s~rxxa ~~~ i~~~cxx~~2 B. FOR ADDITIONAL SERVICES, as described in Paragraph 1.3, compensation computed as follows: • 1. Principals' time at the fixed rate of 1~venty-Five---------dollars ($25.00) per hour. For the purpose of this Agreement, the Principals are: S. E. Doughtie Jack M. Porterfield 2. Employees' time (other than Principals) at a multiple of ( 2. 65 )times the employees' Direct Personnel Expense as defined in Article 4. 3. Services of Professional consultants at a multiple of ( . 10 )times the amount billed to the Architect for such services. C. AN INITIAL PAYMENT of ~vo-Hundred Fifty and No/100-------------------dollars ($ 250.00 ) shall be made upon the execution of this Agreement and credited to the Owner's account. D. FOR REIMBURSABLE EXPENSES, amounts expended as defined in Article 5. III. THE OWNER AND ARCHITECT agree in accordance with the Terms and Conditions of this Agree- ment that: A. 1F SCOPE of the Project is changed materially, compensation shall be subject to renegotiation. 6. If THE SERVICES covered by this Agreement have not been completed within thirty-Six ( 36 )months of the date hereof, the amounts of compensation; rates and multiples set forth in Paragraph II shall be subject to renegotiation. • AIA DOCUMENT 6141 •OWNER-ARCHITECT AGREEMENT JANUARY 1974 EDITION AIAO ©1974 7HE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., • WASHINGTON, D. C. 20006 2 • • t TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITEC VICES 1.1 BASIC SERVICES The Architect's Basic Services consist of the five phases described below and include normal struc- tural, mechanical and electrical engineering services and any other services included in Article 14 as Basic Services. SCHEMATIC DESIGN PHASE 1.1.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall confirm such requirements to the Owner. 1.1.2 Based on the mutually agreed upon program, the Architect shall prepare Schematic Design Studies consist- ing of drawings and other documents illustrating the scale and relationship of Project components for ap- proval by the Owner. 1.1.3 The Architect shall submit to the Owner a State- ment of Probable Construction Cost based on current area, volume or other unit costs. DESIGN DEVELOPMENT PHASE 1.1.4 The Architect shall prepare from the approved Schematic Design Studies, for approval by the Owner, the Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to structural, mechani- cal and electrical systems, materials and such other essen- tials as may be appropriate. 1.1.5 The Architect shall submit to the Owner a further Statement of Probable Construction Cost. CONSTRUCTION DOCUMENT' PHASE 1.1.6 The Architect shall prepare from the approved Design Development Documents, for approval by the Owner, Drawings and Specifications setting forth in detail the requirements for the construction of the entire Project including the necessary bidding information, and shall assist in the preparation of bidding forms, the Con- ditions of the Contract, and the form of Agreement between the Owner and the Contractor. 1.1.7 The Architect shall advise the Owner of any adjustments to previous Statements of Probable Con- struction Cost indicated by changes in requirements or general market conditions. 1.1.8 The Architect shall assist the Owner in filing the Iequired documents for the approval of governmental authorities having jurisdiction- over the Project. BIDDING OR NEGOTIATION PHASE 1.1.9 The Architect, following the Owner's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and in awarding and preparing construction contracts. CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.1.10 The Construction Phase will commence with the award of the Construction Contract and will terminate when the final Certificate for Payment is issued to the Owner. 1.1.11 The Architect shall provide Administration of the Construction Contract as set forth in AIA Document A201, General Conditions of the Contract for Construc- tion, and the extent of his duties and responsibilities and the limitations of his authority as assigned thereunder shall not be modified without his written consent. 1.1.12 The Architect, as the representative of the Owner during the Construction Phase, shall advise and consult with the Owner and all of the Owner's instructions to the Contractor shall be issued through the Architect. The Architect shall have authority to act on behalf of the Owner to the extent provided in the General Conditions unless otherwise modified in writing. 1.1.13 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1.1.14 The Architect shall make periodic visits to the site to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of his on-site observations as an architect, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Con- tractor. The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall not be responsible for construction means, methods, tech- niques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 1.1.15 Based on such observations at the site and on the Contractor's Applications for Payment, the Architect shall determine the amount owing to the Contractor and shall issue Certificates for Payment in such amounts. The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at the site as provided in Subparagraph 1.1.14 and the data comprising the Appli- cation for Payment, that the Work has progressed to the point indicated; that to the best of the Architect's knowl- edge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by the Contract AIA DOCUMENT 6141 •OWNER-ARCHITECT AGREEMENT JANUARY 1974 EDITION • Alnv • viyiv THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 • • • Documents, to minor deviations from the Cont-fact Docu- ments correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. By issuing a Certificate for Payment, the Archi- tect shall not be deemed to represent that he has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.1.16 The Architect shall be, in the first instance, the interpreter of the requirements of the Contract Docu- ments and the impartial judge of the performance there- under by both the Owner and Contractor. The Architect shall make decisions on all claims of the Owner or Con- tractor relating to the execution and progress of the Work and on all other matters or questions related thereto. The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. 1.1.17 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in his reasonable opinion, he considers it nec- essary or advisable to insure the proper implementation of the intent of the Contract Documents, he will have authority to require special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed. 1.1.18 The Architect shall review and approve shop drawings, samples, and other submissions of the Contrac- for only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. 1.1.19 The Architect shall prepare Change Orders. 1.1.20 The Architect shall conduct inspections to de- termine the Dates of Substantial Completion and final completion, shall receive and review written guarantees and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. 1.1.21 The Architect shall not be responsible for the acts or omissions of the Contractor, or any Subcontrac- tors, or any of the Contractor's or Subcontractors' agents or employees, or any other persons performing any of the Work. 1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 1.2.1 If more extensive representation at the site than is described under Subparagraphs 1.1.10 through 1.1.21 inclusive is required, and if the Owner and Architect agree, the Architect shall provide one or more Full-Time Project Representatives to assist the Architect. 1.2.2 Such Full-Time Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed between the Owner and the Architect as set forth in an exhibit appended to this Agreement. 1.2.3 The duties, responsibilities and limitations of au- thority of such Full-Time Project Representatives shall be set forth in an exhibit appended to this Agreement. 1.2.4 Through the on-site observations by Full-Time Project Representatives of the Work in progress, the Ar- chitect shall endeavor to provide further protection for the Owner against defects in the Work, but the furnish- ing of such project representation shall not make the Architect responsible for construction means, methods, techniques, sequences or procedures, or for safety pre- cautions and programs, or for the Contractor's failure to perform the Work in accordance with the Contract Documents. 1.3 ADDITIONAL SERVICES The following Services shall be provided when au- thorized in writing by the Owner, and they shall be paid for by the Owner as hereinbefore provided. 1.3.1 Providing analyses of the Owner's needs, and pro- gramming the requirements of the Project. 1.3.2 Providing financial feasibility or other special studies. 1.3.3 Providing planning surveys, site evaluations, envi- ronmental studies or comparative studies of prospective sites. 1.3.4 Providing design services relative to future facili- ties, systems and equipment which are not intended to be constructed as part of the Project. 1.3.5 Providing services to investigate existing condi- tions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other informa- tion furnished by the Owner. 1.3.6 Preparing documents for alternate bids or out-of- sequence services requested by the Owner. 1.3.7 Providing Detailed Estimates of Construction Cost or detailed quantity surveys or inventories of material, equipment and labor. 1.3.8 Providing interior design and other services re- quired for or in connection with the selection of furni- ture and furnishings. 1.3.9 Providing services for planning tenant or rental spaces. 1.3.10 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of the Archi- tect. 1.3.11 Preparing supporting data and other services in connection with Change Orders if the change in the Basic Compensation resulting from the adjusted Contract Sum is not commensurate with the services required of the Architect. 1.3.12 Making investigations involving detailed apprais- als and valuations of existing facilities, and surveys or inventories required in connection with construction performed by the Owner. 1.3.13 Providing consultation concerning replacement of any Work damaged by fire or other cause during con- struction, and furnishing professional services of the type AIA DOCUMENT 6141 • OWNER-ARCHITECT AGREEMENT JANUARY 1974 EDITION •AIA®• ©1974 d THE AMERICAN INSTITUTE OF ARCFi1TECT5, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 • • set forth in Paragraph 1.1 as may be required in connec- chemical aOnd other laboratoryhtestsuinspectionscand red • tion with the replacement of such Work.. ports as required by law or the Contract Documents. 1.3.14 Providing professional services made necessary by the default of the Contractor or by major defects in 2.6 The Owner shall furnish such legal, accounting, and e the Work of the Contractor in the performance of the to projectcand such audit ng servi es ache may requ~r Construction Contract. ascertain how or for what purposes the Contractor has 15 Preparing a set of reproducible record prints of 1 3 used the moneys paid to him under the Construction . . drawings showing significant changes in the Work made Contract. during the construction process, based on marked-up drawings and other data furnished by the Contrac- prints 6 inclusivep hall be t2r3 through 2 h s h q , for to the Architect. . s Paragrap by uired furnished at the Owner's expense, and the Architect shall 1.3.16 Providing extensive assistance in the utilization be entitled to rely upon the accuracy and completeness of any equipment or system such as initial start-up or thereof. testing, adjusting and balancing, preparation of operation training personnel for opera- intenance manuals d 2.8 If the Owner becomes aware of any fault or detect ' , ma an tion and maintenance, and consultation during operation. n not ce tthereof Documenrts~ehe hall give p ompt writ 1.3.17 Providing services after issuance to the Owner of to the Architect. the final Certificate for Payment. 9 The Owner shall furnish information required of im 2 1.3.18 Preparing to serve or serving as an expert witness . as expeditiously as necessary for the orderly progress of in connection with any public hearing, arbitration pro- the Work. ceeding or legal proceeding. ARTICLE 3 1.3.19 Providing services of professional consultants for other than the normal structural, mechanical and electri- CONSTRUCTION COST cal engineering services for the Project. 3.1 If the Construction Cost is to be used as the basis 1.3.20 Providing any other services not otherwise in- ot customarily furnished in for determining the Architect's Compensation for Basic Services, it shall be the total cost or estimated cost to eluded in this Agreement or n accordance with generally accepted architectural practice. ArchOecteThe ColnstrucUoneCost shall be detle m nedt as • ARTICLE 2 follows, with precedence in the order listed: THE OWNER'S RESPONSIBILITIES 3.1.1 For completed construction, the cost of all such 1 The Owner shall provide full information, including 2 Work, including costs of managing construction; . a complete program, regarding his requirements for the 3.1.2 For Work not constructed, (1) the lowest bona fide ualified bidder for any or all of such d f Project. rom a q bid receive or (2) if the Work is not bid, the bona fide nego- Work 2.2 The Owner shall designate, when necessary, arep- , tiated proposal submitted for any or all of such Work; or resentative authorized to act in his behalf with respect to the Project. The Owner shall examine documents sub- 3,1.3 For Work for which no such bid or proposal is i mitted by the Architect and shall render decisions per- on received, (1) the latest Detailed Estimate of Construct test Statement of l th 2 taining thereto promptly, to avoid unreasonable delay in a e ) Cost if one is available, or ( the progress of the Architect's services. Probable Construction Cost. 2.3 The Owner shall furnish a certified land survey of as applicable, grades and lines of streets, the site giving 3.2 Construction Cost does not include the compensa- tion of the Architect and his consultants, the cost of the i , alleys, pavements and adjoining property; rights-of-way, deed re- in o t h - land, rights-of-way, or other costs which are the respons ner as provided in Paragraphs 2.3 through O h f g, n s, z men restrictions, easements, encroac strictions, boundaries and contours of the site; locations, w e t bility o 2.6 inclusive. dimensions and complete data pertaining to existing buildings, other improvements and trees; and full infor- 3.3 The cost of labor, materials and equipment furnished r the Project shall be included in the f mation concerning available service and utility fines both public and private, above and below grade, including o by the Owner nable allowance forrovetrheadkandr profitncluding a inverts and depths. i- ils reaso 4 Statements of Probable Construction Cost and De- 3 eng 2.4 The Owner shall furnish the services of a so neer or other consultant when such services are deemed . tailed Cost Estimates prepared by the Architect represent n professional familiar with desi t d necessary by the Architect, including reports, test borings, air and ts t i l g as a gmen his best ju the construction industry. It is recognized, however, that , es on at test pits, soil bearing values, perco water pollution tests, ground corrosion and resistivity neither the Architect nor the Owner has any control over materials or equipment, over the con- ost of labor h tests and other necessary operations for determining sub- soil, air and water conditions, with appropriate profes- , e c t Petite biddingsor market~condtionsr' Accordinglyc~he S sional recommendations. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT JANUARY 1974 EDITION AIAO ©1974 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 Architect cannot and does not guarantee that bids will • not vary from any Statement of Probable Construction Cost or other cost estimate prepared by him. 3.5 When a fixed limit of Construction Cost is estab- lished as a condition of this Agreement, it shall be in writing signed by the parties and shall include a bidding contingency of ten percent unless another amount is agreed upon in writing. When such a fixed limit is estab- lished, the Architect shall be permitted to determine what materials, equipment, component systems and types of construction are to be included in the Contract Docu- ments, and to make reasonable adjustments in the scope of the Project to bring it within the fixed limit. The archi- tect may also include in the Contract Documents alter- nate bids to adjust the Construction Cost to the fixed limit. 3.5.1 If the Bidding or Negotiating Phase has not com- menced within six months after the Architect submits the Construction Documents to the Owner, any fixed limit of Construction Cost established as a condition of this Agreement shall be adjusted to reflect any change in the general level of prices which may have occurred in the construction industry for the area in which the Project is located. The adjustment shall reflect changes between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 3.5.2 When a fixed limit of Construction Cost, including the Bidding contingency (adjusted as provided in Sub- paragraph 3.5.1, if applicable), is established as a condi- • lion of this Agreement and is exceeded by the lowest bona fide bid or negotiated proposal, the Detailed Esti- mate of Construction Cost or the Statement of Probable Construction cost, the Owner shall (1) give written ap- proval of an increase in such fixed limit, (2) authorize re- bidding the Project within a reasonable time, or (3) co- operate in revising the Project scope and quality as re- quired to reduce the Probable Construction Cost. In the case of (3) the Architect, without additional charge, shall modify the Drawings and Specifications as necessary to bring the Construction Cost within the fixed limit. The providing of such service shall be the limit of the Archi- tect's responsibility in this regard, and having done so, the Architect shall be entitled to compensation in accord- ance with this Agreement. ARTICLE 4 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the salaries of professional, technical and clerical employees engaged on the Project by the Architect, and the cost of their mandatory and customary benefits such as statutory em- ployee benefits, insurance, sick leave, holidays, vacations, pensions and similar benefits. ARTICLE 5 REIMBURSABLE EXPENSES u 5.1 Reimbursable Expenses are in addition to the Com- pensation for Basic and Additional Services and include actual expenditures made by the Architect, his employ- ees, or his professional consultants in the interest of the Project for the expenses listed in the following Subpara- graphs: 5.1.1 Expense of transportation and living when travel- ing in connection with the Project; long distance calls and telegrams; and fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.2 Expense of reproductions, postage and handling of Drawings and Specifications excluding duplicate sets at the completion of each Phase for the Owner's review and approval. 5.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates and expense of renderings or models for the Owner's use. 5.1.4 .Expense of computer time for professional services when included in Paragraph II. 5.1.5 Expense of computer time when used in connec- tion with Additional Services. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 Payments on account of the Architect's Basic Serv- ices shall be made as follows: 6.1.1 An initial payment as set forth in Paragraph II is the minimum payment under this Agreement. 6.1.2 Subsequent payments for Basic Services shall be made monthly in proportion to services performed so that the compensation at the completion of each Phase, except when the compensation is on the basis of a Mul- tiple of Direct Personnel Expense, shall equal the follow- ing percentages of the total Basic Compensation: Schematic Design Phase ..... • • • 15% Design Development Phase ...... 35% Construction Documents Phase ... 75% Bidding or Negotiation Phase .... 80% Construction Phase ............ 100% 6.1.3 If the Contract Time initially established in the Construction Contract is exceeded by more than thirty days through no fault of the Architect, compensation for Basic Services performed by Principals, employees and professional consultants required to complete the Ad- ministration of the Construction Contract beyond the thirtieth day shall be computed as set forth in Para- graph II for Additional Services. 6.2 Payments for Additional Services of the Architect as defined in Paragraph 1.3, and for Reimbursable Expenses as defined in Article 5, shall be made monthly upon presentation of the Architect's statement of services ren- dered. 6.3 No deductions shall be made from the Architect's compensation on account of penalty, liquidated dam- ages, or other sums withheld from payments to con- tractors. 6.4 If the Project is suspended for more than three months or abandoned in whole or in part, the Architect AIA DOCUMENT 6141 OWNER-ARCHITECT AGREEMENT IANUAKY 'ly/4 tui i ivrv „i„~ ~ i7iY T.HE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW. YORK AVE., N.W., WASHINGTON, D. C. 20006 • • r~ r: shall be paid his compensation for services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all termination expenses as de- fined in Paragraph 8.3 resulting from such suspension or abandonment. If the Project is resumed after being sus- pended for more than three months, the Architect's compensation shall be subject to renegotiation. 6.5 Payments due the Architect under this Agreement shall bear interest at the legal rate commencing sixty days after the date of billing. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertain- ing to Additional Services on the Project and for services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on a generally recognized account- ing basis and shall be available to the Owner or his authorized representative at mutually convenient times. ARTICLE 8 TERMINATION OF AGREEMENT 8.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 8.2 In the event of termination due to the fault of par- ties other than the Architect, the Architect shall be paid his compensation for services performed to termination date, including Reimbursable Expenses then due and all termination expenses. 8.3 Termination Expenses are defined as Reimbursable Expenses directly attributable to termination, plus an amount computed as a percentage of the total compen- sation earned to the time of termination, as follows: 20 percent if termination occurs during the Schematic Design Phase; or 10 percent if termination occurs during the Design De- velopment Phase; or 5 percent if termination occurs during any subse- quent phase. ARTICLE 9 OWNERSHIP OF DOCUMENTS Drawings and Specifications as instruments of service are and shall remain the property of the Architect whether the Project for which they are made is executed or not. They are not to be used by the Owner on other projects or extensions to this Project except by agreement in writ- ing and with appropriate compensation to the Architect. ARTICLE 10 SUCCESSORS AND ASSIGNS The Owner and the Architect each binds himself, his partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. ARTICLE 11 ARBIT TATA IR ON 11.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of, or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining unless the parties mutually agree otherwise. No arbitration, arising out of, or relating to this Agreement, shall include, by consolidation, joinder or in any other manner, any additional party not a party to this Agreement except by written consent containing a specific reference to this Agreement and signed by all the parties hereto. Any consent to arbitration involving an additional party or parties shall not constitute consent to arbitration of any dispute not described therein or with any party not named or described therein. This Agreement to arbitrate and any agreement to arbitrate with an addi- tional party or parties duly consented to by the parties hereto shall be specifically enforceable under the pre- vailing arbitration law. 11.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 11.3 The award rendered by the arbitrators shall be fi- nal, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 12 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. ARTI_ CLE 13 GOVERNING LAW Unless-otherwise specified, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT JANUARY 1974 EDITION AIARV 01974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 i ARTICLE 14 OTHER CONDITIONS OR SERVICES This Agreement executed the day and year first written above. OWNER THE CITY OF LA PORTE ARCH s J. J. Meza, Mayor O Attest: City Se retary ck Approved: ~ ~ City Attorney ' • DOUGHTIE & POI~TERFIELD tration No. 1287 M. Porterfield, tration~ No. 2038 AIA DOCUMENT 6141 OWNER-ARCHITECT AGKEEMENT JANUARY 1974 EDITION AIA®• ©1974 8 THE AMERICAN INSTITUTE Of ARCH{TECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 C R 97~: