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HomeMy WebLinkAbout1979-08-27 Special Meeting• ~ • MINUTES - SPECIAL MEETING OF THE LA PORTE CITY COMMISSION, LA PORTE, TEXAS AUGUST 27, 1979 5:30 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor J. J. Meza; Commissioners John Tomerlin, I. J. Kibodeaux, Virginia Cline, and Tom C. Simons. MEMBERS OF THE COMMISSION ABSENT: None. OTHER CITY OFFICIALS PRESENT: Margie Goyen, City Clerk; H. F. Freeman, Chief of Police; Jack Burks, Director of Public Works; Stan Sherwood, Director of Parks & Recreation; Knox Askins, Attorney. • OTHER CITY OFFICIALS ABSENT: J. R. Hudgens, City Administrator; D. R. McLaughlin, Fire Marshal, Joe Sease, Fire Chief; Paul Hickenbottom, Fire Inspector. OTHERS PRESENT: David Corbin, Busch, Hutchison & Associates; Betsy Webber, La Porte-Bayshore Sun. PRESIDING: Mayor J. J. Meza. + + + 1. CALL TO ORDER - Mayor Meza called the meeting to order. + + + • ~ • . Special Meeting 8/27/79 2 2. CONSIDER .AUTHORIZATION OF GRANT APPLICATION TO F.A.A. FOR PREPARATION OF ENVIRONMENTAL IMPACT AS'SES'SMENT REPORT - Davi Cor in a resse t e Commission regar ing t e act that the F.A.A. had extra funds left over from the current year and if they had an application in hand we could probably get an 80~ grant for the preparation of an Environmental Impact Assessment Report, which is needed for the Airport Master Plan. The application must be received prior to September 30, 1979. Motion by Commissioner Simons, seconded by Commissioner Tomerlin to authorize a grant application to the F.A.A. for the prepara- tion of an Environmental Impace Assessment Report. Motion carried by the following vote. AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + 3. CONSIDER APPROPRIATING $3,500.00 FROM GENERAL FUND CONTINGENCY • TO FUND CITY'S 20~ SHARE OF F.A.A. ENVIRONMENTAL IMPACT ASSESSMENT REPORT - Motion by Commissioner Cline, seconded by Commissioner Simons to appropriate $3,500.00 from the General Fund Contingency Fund to fund the City's portion of 20~ for the Environmental Impace Assessment Report. which is necessary for the Airport Master Plan. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + 4. CONSIDER APPROVING AGREEMENT FOR CITY TO CONTINUE TO COOPERATE WITH THE HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY (COOPERATIVE AGREEMENT FOR COMMUNITY DEVELOPMENT AND HOUSINd3'ASSISTANCE ACTIVITIES) - Motion by Commissioner Kibodeaux, seconded by Commissioner Tomerlin to approve the agreement for the City to continue to cooperate with the Harris County Community Development Agency. A copy is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. • + + + w • Special Meeting 8/27/79 3 5. CONSIDER AUTHORIZATION FOR INSTALLATION OF STREET LIGHTS ON NORTH 11TH, NORTH 12TH, NORTH 13TH AND NORTH 14TH STREETS IN ACCORDANCE WITH HOUSTON LIGHTING & POWER COMPANY SPECIFICATIONS - Commissioner Cline stated that she had had several calls from residents of the Boothe Homes area regarding the need for street lights. This area did not fall under the Subdivision Ordinance, so the developer was not required to pay for street lights. Chief Freeman made an inspection and recommended that lights be placed at several intersections. A copy of the recommendation is attached and made a part of these minutes. Mr. Jim Wyatt of Houston Lighting & Power Company reviewed the area and recommended that ten lights be placed on North 11th, North 12th, North 13th and North 14th Streets. A copy of the proposed location for the ten lights is attached and made a part of these minutes. Motion by Commissioner Cline, seconded by Commissioner Simons to approve the installation of ten street lights. on North 11th, North 12th, North 13th and North 14th Streets. Motion carried by the following vote: • AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + • 6. ADMINISTRATIVE REPORTS - A. The Attorney stated that copies of legislation regarding bid procedures had been distributed to each of the Commission members. B. The Attorney requested authorization for advertising and accepting bids for a cable television. franchise to be received on September 26, 1979, at 7:00 P.M., to be ratified at the next regular meeting. + + + 7. COiJNCIL ACTTON - Commissioners Cline and Simons reminded everyone present that the Muscular Dystrophy Telethon was scheduled for the Labor Day Weekend. + + + ~ ~ • Special Meeting 8/27/79 4 8. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17 - SECTION 2 - (E), (F), AND (G) - (LEGAL, LAND ACQUISITION AND PERSONNEL) - None. + + + 9. ADJOURNMENT - Motion by Commissioner Kibodeaux, seconded by Commissioner Tomerlin that the meeting be adjourned. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. The meeting adjourned at 5:43 P.M. 0 Margie yen, Cit Clerk Passed and Approved this the 5th day of September, 1979. J. J. Meza, Mayor • BV~~~r HUTCHISON & ASSOCIATES, I1 ~1 ~. CONSU LTING ENGINEERS 1107 FLEETWOOD DRIVE BAYTOWN. TEXAS 77620 • PHONE (713) 422-8213 3011 SAN JACINTO, SUITE 106 • HOUSTON, TEXAS 77004 (713) 623.2367 August 24, 1979 Honorable Mayor and City Commission City of La Porte P. 0. Box 1115 La Porte, TX 77571 PROPOSAL TO MAKE APPLICATION FOR AN ENVIRONMENTAL IMPACT ASSESSMENT REPORT FOR THE CITY OF LA PORTE MUNICIPAL AIRPORT The Federal Aviation Agency has informed us that money is still available in this fiscal year to fund the City of La Porte for preparation of an Environmental Impact Assessment Report (ETAR). Any construction as proposed in the currently ongoing Airport Master Planning Study cannot be initiated until this document is prepared and reviewed. • The EIAR is a very detailed document. Preparation of the report will require a great deal of research and subcontract work to an archeaologist and biologist. It is estimated that the cost of preparing the report will be in the vicinity of $15,000.00. The report will take approximately 4 months to prepare and would be funded 80% by FAA and 20% by the City. Preparing the application is a relatively simple matter and can be completed within several days. Upon receipt of the application package, the FAA will require three and a half weeks to process it and make a grant offer. Since the FAA's Fiscal Year ends September 30, it is very important to prepare the application and submit it to the FAA for their review as soon as possible. It is not known whether funds will be available or when they might be available in Fiscal Year 1980 for the La Porte Airport. With the City's authorization, we can begin immediately to prepare and submit the application. Sincerely, `.ai~~N~'w~ ~~a~ David A. Corbin DAC/ps S Cp ~~ Gy :e • CDP D~~~~T ~~~~~~~ HOUS ON, TEXAS 77022 713/692 6385 The Honorable J. J. Meza City of LaPorte P. 0. Box 1115 LaPorte, Texas 77571 Dear P4ayor P~eza: • Rugust 20, 1978 JON LINDSAY COUNTYJUDOE LESTER A. SIMON DIRECTOR 1•:+= Nava been ,;loosed to s`rve year city as a apart o~ the Harr; s `ot;itty :.or~Tuni t nevei op^~2nt 4r3nt Prograr; anu ciF; i ~~a • to oantirue ir: our cooperative efforts. The anruul anal ;c~,tiar• iaroc'`~ s -is be~~i%n;r.g for 1980. !pie submit the fo7 :otsir,y fcr yo.~~~ ;r-~fo~~;~at°iar nd er.e~_:Jtion. ~G arc: d i rectrd by HUD to i reform you of the fc~l l c~wi iry uric:- z.c :'august iii, 157p: i. Tnat the 7~~a1 ity cannot ~~e the her.~fi ~:ary of Ce*nm~.ani ty Devel oF~ment B1 eck urant funds if it "opts out" or~ cancels the agreement. 2. Ti;at the locGlity cannot aFply for discrrtit,nar,y ba f znce fle;td;, (S~„al l Cities "rogram) unless ~i t "opts out" cr cancois the acreement. "s. That the 1 uca? i ty n~us t rtioti f; both Harris County and the HUtI-Dallas area office i f i t wishes to be ~xcl uurd r~•:;.~I nar~i; i ~:i pati on no i a~ter khan October ; , ~~;4. TFicse cities wt;i;.h `'opt in" rust agree tc cooperate ir, ti~~~ ~and~rtakir?g of comml!nity develop~ncnt and housing assistar,c «cti- vities. "Oat ~in" cities Faust certify that their projects aril-i benefit low and modF~•ate i rlcome ~Fatni ~ i es , or Nreven {: or eliminate slums and Slight. The "npt ir" citie> si~ould also knew than, join- . :r.y the progra;; does r.ot guarantee receipt of funds, ~r • The Honorable J. J. Meza August 20, 1979 P-age 2 .Enclosed please find three (3) copies of the Cooperative :Agreement and Attorney's Certificates. It, is necessary that you execute this agreement by September 15, 1979 in order for us to meet NUD's deadline for your inclusion in the 1980 program. Please return the three signed copies to this .agency. We will return one certified copy to you upon completion of the transaction. Along with the Cooperative Agreement, it will be necessary to have three signed certificates from the City's attorney stating that the terms and provisions of the agreement :;.. are fully authorized under state and local laws and that the .Agreement is fully executed by the City in accordance with all applicable requirements of state and local laws and two. (2) certified copies of the City's ordinance or resolution author- izing the execution of the Cooperative Agreement. After the Cooperative Agreements are signed, this agency would i i ke to meet with you to ascertain project el i gi bi 1 i ty and prior+ties for the FY80 Glock Grant application. In selecting the projects, please observe the HUD statutory requirements V that such projects primarily serve low and moderate income residents and the elimination of slums and blight. Mr. Tom Van D+ke wi71 be our staff person who will contact you con- cerr~::~g project selection. Yours sincerely, n ,. ~~ ~, Lester A. Simon .Director LAS : j ml Encis. cc: hUD Dallas Area Office 2001 Bryan Tower, 4th Floor Dallas, Texas 75201 r • ~.' RCe:hh _ ~ 7-27-79 • X13,580-N A G R E E M E N T -THE STATE OF TEXAS § § BOUNTY OF HARRIS § =THIS AGREEME*~T, made and entered into by and between HARRIS OOUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as the "County," and • a municipal corporation under the laws of he State of Texas, hereinafter referred to as the "City," W I T N E S S E T H: • WHEREAS, the City has elected to have its population included as a portion. of the population of the County in the County's "urban county" app- lication to the U. S. Department of Housing and Urban Development for the year funding for ,the Community Development Block Grant Program, ~ai3 application being hereinafter sometimes referred to as the "Grant Application;" and WHERE.~iS, the County is willing to include the City's population in .the xant Application and to coo~rate with the City in the i~lementation of ; ~a City's Ccc~*imunity Development I~rogram; and WHEREAS, the Texas Legislature has enacted the "Texas Canmunity Deve?op:nent Act of 1975," codified at Art. 1269E-4 Tex.Rev.Civ.Stats., which provides, in part, for the authorization of cities to irr~olement a community tlevelopmnt program; and • WHEREAS, the Texas Legislature has further enacted "The Interlocal ~oot~.eration Act," codified at Art. 4413 (32c) Tex.Rev.Civ.Stats., which pro- vides, in part,-that the County may contract with the City to perform govern- mental functions and services for the City; NOW, THEREFORE, IQVO6~ ALL MEN SY THESE PRESENTS : That the County and the City, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: G • I. -The City agrees to allow the County to include the City's population with that of the County in the Grant Application, and the County agrees to include the same in the Grant Application. II. The-City agrees to allow the U. S. Department of Housing and Urban Development to use the City's population and other necessary demographic char- acteristics in the determination of whether the County will qualify as an ".urban county" as defined in the Housing and Community Develoy~oment Act of 1974, as amended, and the rules and regulations promulgated pursuant thereto. -III. • ~ The County and the City agree to cooperate in undertaking, or -assisting in undertaking, essential community develo~oment and housing assis- Lance activities, specifically urban renewal and publicly assisted housing. IV. The City acknowledges that it is aware that the Grant Application has not yet been cc Meted or submitted to the U. S. Department of Housing an3 Ur`oan Development a~^d that no determination has been made at the time of ?xecution of this agreement as to where and for what purposes the year funding, if any, for the Corr~nunity Development Block Grant Program will be sought or expended. In this regard it is agreed that the County shall not be obligated to seek funds for expenditure in the City or for assistance to residents of the City in the Grant Application. If such funds for ex- • penditure in the City or for assistance to its residents are awarded as a lresult of the Grant Application, the County may, in its sole discretion, override such distribution of the award and spend such funds elsewhere, and/or for other purposes when necessary or desirable in order to achieve compliance with Title I of the Housing and Community De~~elopment Act of 1974, as amended, and all appropriate imple.~nenting regulations applicable thereto. The City has received no assurance, written or oral, from the County to the contrary, and is aware that the execution of this contract does not constitute any guarantee on • the part of the County that funds received pursuant to the Grant Application, -2- • ' if any, will be expended for projects within the City limits of the City or .far assistance to the residents of the City. V. phis agreement shall remain in full force and effect for the entire year funding period covered by the Grant Application {July 1, 19 through June 30, 19 ). The City acknowledges that it has been advised and is aware that federal regulations applicable to the Grant Application do not permit the County to allow the City to withdraw from this agreement or otherwise prior terminate the term of this agreement at any time after October 1, 19 VI. • In performance of this agreement, the City and the Count shall Y observe and comply with all applicable Federal, State, County and City statutes, ordinances, rules a-id regulations. VII. Should the U. S. Department of Housing and Urban Development reject or refuse to accept t~:is agreement for any reason, the County may terminate this agre~~ent by giving written notice of the same to City. VIII. phis agreement shall be of no force and effect unless and until it is executed by both parties hereto and certified by counsel for both parties -hereto on the forms set forth below. IN TESTIMODIY V:HEREOF, this instrument has been executed in triplicate -counterparts, each to have the force and effect of an original as follows: (a) It has been executed on behalf of the County on the day of , 19 by the County Judge of the County and attested by the County Clerk of the County pursuant to an order of the Carunissioners Court • of the County authorizing such execution; and -3- ~ • • -~(b) It has been executed on behalf of tha City on the day of , 19 , by its Mayor and attested by its City Secretary, pursuant to ordinance of the City Council of the City authorizing such execution. ATTEST: 3~NIT'A RflDEHEAVER, County Clerk By Nolan J. Bordelon, Deputy County Clerk COUNTY BY JON LINDSAY, County Judge ATTEST: CITY By By =City Secretary Mayor • CERTIFICATE OF CITY ATTORNEY I have exa,-nined the foregoing Agreement, and as City Attorney of the City na*~-3 therein, I certify that the terrtis and provisions of the Agreement are fully authorized under state and local law applicable to the City {including but not limited to the City's Charter and Ordinances). Date - City Attorney CERTIFICATE OF COUNTY AT~iI~RNEY I ha:~e examined the foregoing Agreement, and as statutory civil counsel to the County named therein, I certify that the terms and provisions of the • Agrea...r~ent are fully authorized under state and local law. To the extent that this certificate relates to the state and local Iaw applicable to~ the City (including but not limited to the City's Charter and Ordinances), this certificate is given in total reliance upon the foregoing Certificate of City Attorney and the undersigned disclaims any responsibility or • liability for the City Attorney's errors or omissions, if any, in making such certificate. JOE RESWEBER County Attorney • . B Date Assistant County Attorney -4- • • • RCB:hh . .THE STATE OF TEXAS ~ S COUNTY OF HARRIS § ~7-27-79 ORDER • X13 580-N -On this the day of , 19 ,the Commissioners :Court of Harris County, sitting as the governing body of Harris County, Texas, -being convened at a regular meeting of the court, upon motion of Commissioner seconded by Commissioner , duly put and carried; It is ORDERID that the .County Judge of Harris County be, and he is .hereby, authorized to execute, and Anita Rodeheaver, County Clerk, is hereby authorized to attest, for and on behalf of Harris County, an Agreement bet~n Harris County and for the purpose of cooperating in the County's Community .Block Grant Application for the year funding, which Agreement is hereby refe~ed to and made a part hereof for all purposes as though fully set out herei:.. THE S^:''ATE OF TEXAS § OOJ:v-!'" OR HARiZ.IS ~ I, ANITA itODL~AVER, County Clerk and Ex Officio Clerk of =the C.~.missioners Court of Harris County, Texas, do hereby certify that 'the above and foregoing is a true and correct copy of an Order made and entered 'ay the Cor~:~nissioners Court in regular session on the day of , 19 , as it appears of record in the Minutes of said Court, Volume , page GIVEN UNDER ;1Y HAND AND SEAL OF OFFICE, this the day of , 19 ANITA R~DEHEAVER, County Clerk and Ex Officio Clerk of Commissioners Court of Harris County, Texas • BY ~~ Deputy i ~ POLICE DEPARTMENT CI3Y ~ LA P~-~TE INTER-OFFICE MEMORANDUM• .70: Commissioner Virginia Cline DATE; 8/23/79 FROM: H.F. Freeman Jr., Chief of Police SUBJECT: Street Lights (Booth Homes) As per your request, I checked the Booth Homes area last night. Mr. Meloy is correct, this is a very dark area in need of some street lighting. I recommend lights at the following intersections: Madison & 11th • South end of 13th 13th & Barbours Cut 14th & Barbours Cut E Street & 11th E Street & 12th E Street & 13th E Street & 14•th La Porte Terrace 11th & Fairlane Relocate light between N. 12th & N. 13th to 13th and Fairlane If there are any further questions, please contact me. Respectfully, H . ~~`reeman Jr . Chief of Police HFF/cch •