HomeMy WebLinkAbout1981-03-04 Regular Meeting
MINUTES - .REGULAR MEETING
OF THE
LA PORTE CITY COUNCIL
MARCH 4, 1981
1. Meeting called to order by Mayor Meza at 7:00 P.M.
Members of the City Council Present: Mayor J. J. Meza,
Councilman John Tomerlin, Councilman I. J. Kibodeaux,
Councilwoman Virginia Cline, Councilman Tom Simons,
Councilman Norman Malone
Members of the Citv Council Absent: None
Other City Officials Present: City Manager James R. Hudgens,
City Attorney Knox Askins, City Secretary Betty T. Waters,.
Police Chief H. F. Freeman, Public Works Director Jerry Hodge,
Fire Chief Joe Sease, Chief Inspector David Paulissen, Parks
Director Stanley Sherwood
• Others Present: Keith Johnson, Bayshore Sun; 21 police of-
ficers and their wives; Mr. and Mrs. George Sharp, Sr.;
Norma Hutchins, Lou Lawler, Bob Biarnesen; Russel Shepherd,
Sr.; Carlos Smith; Fred Beck; Robert Daniels; John Longley;
Linda Westergren; Kenny Price; Andy Wilson; Kevin Graves;
Hal Lawler
2. The invocation was given by Councilman Kibodeaux.
3. Motion was made by Councilman Tomerlin to approve and adopt
the minutes of the Joint Public Hearing and Regular Meeting
of the La Porte City Council held on February 18, 1981.
Seconded by Councilwoman Cline. The motion carried, 4 ayes
and 0 nays.
Ayes: Tomerlin, Kibodeaux, Cline, Simons
Nays: None
4. Council reviewed the recommendation submitted by H. Carlos
Smith for the Lomax Street Bond Project No. 1288-80. The
recommendation set out the exact amount of bond funds voted,
$1,450,000.00, total expenditures to date $202,955.00, and
showed a balance of $1,247,045.00 for construction. The low
bid submitted by McKey Construction Company was $1,785,144.16.
Mr. Smith's recommendation contained two (2) options which
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Minutes - Regular Meeting, March 4, 1981, Page 2
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the Council studied at length. Councilman Malone reminded
Council of funds set aside in Revenue Sharing to build a
swimming pool in Lomax and to pave a parking lot. He asked
that that $150,000.00 be transferred from Capital Improve-
ments to be added to the funds for Job. No. 1288-80 (Lomax
Street and Drainage Improvements), bringing available funds
to $1,397,045.00.
Motion was made by Councilman Kibodeaux to adopt Option 1
as presented and allocate $150,000.00 budgeted .for Capital
Improvements in Lomax for the Street and Drainage Improve-
ment Project using the overage needed for Option No. 1 to
top "H" Street's entire length to Big Island Slough. The
motion was seconded by Councilman Simons. The motion car-
ried, 4 ayes and 0 nays.
Ayes: Tomerlin, Kibodeaux, Cline, Simons
Nays: None
5. City Attorney Askins read Resolution No. 81-4: A RESOLUTION
AUTHORIZING THE USE OF CALCIUM SULFATE AS ROAD SUB-BASE
MATERIAL FOR THE IMPROVEMENT OF 23RD STREET IN LA PORTE, AS
A TEST SECTION; AND WAIVING BID FORMALITIES.
Motion was made by Councilman Tomerlin to pass and approve
Resolution No. 81-4 as read by Askins. Seconded by Council-
. man Simons. The motion carried, 4 ayes and 0 nays.
Ayes: Tomerlin, Kibodeaux, Cline, Simons
Nays: None
6. City Attorney Askins read Resolution 81-5: A RESOLUTION
STATING THE CITY COUNCIL'S OPPOSITION TO THE ADOPTION OF
CIVIL SERVICE FOR THE LA PO RTE POLICE DEPARTMENT AT THE
APRIL 4, 1981 ELECTION.
Councilman Kibodeaux asked to be excused from the room for
personal reasons and immediately removed himself from the
Council Chambers. Councilman Simons stated he was not going
to vote for this Resolution; he had done some investigation
into the question of why they want to go Civil Service; one
thing was because of political whims. "I had Mr. Hudgens
make up a list of the officers; there happened to be 17 that
have left the department, and of that number there were only
3 officers that were terminated. The rest left for better
jobs or for personal reasons, so there are no political whims
there. So I find out the political whims are internal, not
external. So I would like the Mayor to appoint a committee
to investigate this because I am not voting for this as it
stands."
Cline: Mr. Simons, you are saying you are not going to vote
for the adoption of Resolution 81-5?
• Simons: Right.
Tomerlin: Mr. Simons, I would be more than happy, between
now and the election to serve on any committee to
help resolve any problems in any department of the
City; however, I cannot agree with the basic
principles of Civil Service so I would like to make
a motion that we accept Resolution No. 1-5 as read.
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Minutes - Regular Meeting, March 4, 1981, Page 3
CJ
Cline: t'll second the motion.
Mayor: We have a motion and a second, all in favor:
2 ayes and 1 nay
Ayes: Tomerlin, Cline
Nays: Simons
Cline: Are we going to have any more discussion on that?
What about Mr. Simons' request for a committee?
Mayor: We can have that done. Mr. Simons, would you like
to serve on that committee?
Simons: Yes, sir.
Mayor: Mrs. Cline, would you--
Cline: No, sir.
Mayor: Mr. Malone?
Malone: Mr. Kibodeaux isn't here, appoint him..
Cline: Mayor, since I see some members of the Department
here, I would like to hear their reasons why they
would like to have Civil Service.
Mayor: Who is the spokesman?
Sergeant Sammie Jacobs came forward to address the Council.
• Jacobs: As president of the La Porte Police Officers Associa-
tion, we would like to clear up some things on this
resolution. Number 1 in the resolution states the
adoption of the Civil Service Act will effectively
remove personnel policy formulation from local con-
trol and vest it in the Texas Legislature. There
will be guidelines set up by the Legislature which
we will have to follow. The commission is appointed
by the Mayor, the director of Civil Service is usually
the personnel director, or someone within the City.
The business people are in the commission or some-
one who has not held an office within three years.
They are reputable people and I feel they would have
the best interest of the policemen at heart.
Mayor: The Council does not have?
Jacobs: No, sir, I'm not saying that. What I am saying is
that we will have a 3-person body that we can go to
with disciplinary problems. This will not be taking
powers away from Chief Freeman, it will not be taking
powers away from the Council or the City Manager. I
think Civil Service will better the police department
and will make it more inviting to new officers.
• Number 2, it says the City of La Porte adequately
compensates its police officers for their services.
We're not questioning that.
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Minutes - Regular Meeting, March 4, 1981, Page 4
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Cline: Well, Officer Jacobs, let me ask you, according to
1269M all officers receive the same pay? They are
not in the step program like we are.
Jacobs: No, Baytown, Pasadena, Galveston, any of the Cities
which have Civil Service, they do have a breakdown
in the salaries. Mr. Hudgens has a copy of this
breakdown that the personnel director has given him
that clearly shows the breakdown from each city.
Hudgens: Unless they have changed since the last time the
Legislature met, it is very specific. It says all
officers will be paid the same salary.
Cline: It says here in 1269M: "All persons in each classi-
fications shall be paid the same salary in addition
to longevity pay, seniority pay, educational incent-
ive pay and so forth. So what you are saying, Officer
Jacobs, is that that isn't necessarily as written.
Jacobs: True, do you have one of those copies in your office
that she has given you as far as her study?
• Hudgens: No, you have my book.
Jacobs: No, I'm talking about the salary study from the
Cities, that she has drawn up concerning our structure.
I saw it one day in his office. I know it is there.
Cline: Well, we ask for some comparisons to see what 1269M
does for you. We have 5 steps that increase your
salary at the end and I was led to believe that
could not be under 1269M.
Jacobs: Not from the handout I recieved in the City Manager's
office that he received from Mary Davis. The one
she had received, I think from Pasadena.
Hudgens: What Sammy is talking about is, it's been 2 years
since our classified salary system has been updated
so we authorized her to contact other cities on all
levels. The State statute is very explicit; I had
to borrow Knox's book because Sammy had mine. I
can't explain what you are talking about; there were
some ranges in the other cities.
Jacobs: Well, these cities that I have seen do have a break-
down. Upon talking to some Baytown officers prior to
• October pay increases, they gave me their ranges as
far as their steps where their officers are paid
Minutes - Regular Meeting, March 4, 1981, Page 5
•
and it is similar to ours and they are 1269M. Pasa-
dena has steps and they are 1269M.
Simons: How about merit? Is merit included in that? Have
they got a step program plus merit increase?
Jacobs: Theirs is basically on longevity. It's similar to
ours.
Simons: Merit and longevity.
Jacobs: It's basically just like ours. As a matter of fact,
I think ours was semi-copied from some of these
others .
Simons: That's the point I think they are trying to bring
out.
Jacobs: I would like to have a representative on this com-
mittee if this is still open for discussion. I
would like to have a member of the Police Officers
Association on the committee getting the facts
straight.
• Cline: By all means.
Jacobs: Let me go to number 2 on the resolution. The City
of La Porte adequately compensates its police officers;
we're not questioning that. And in addition, the City
of La Porte operates under a uniform personnel policy
that applies to all personnel equally. The adoption
of Policemen's Civil Service .Act will establish a
set of policies by State Statute to be administered
for police personnel that does not extend to all muni-
cipal employees, thereby creating dissention in the
municipal organization. The State Civil Service does
not set policy. We as police officers operate under
a City personnel policy plus we have another policy,
a police department policy that we operate under.
So you already have the breakdown, it's there. There
is a difference, greater restrictions as far as quali-
fications. We are limited to what we can do. What I
am trying to get at is you've got the breakdown already.
It's not like we are coming in here with State Civil.
Service and going to completely disrupt City personnel
policy.
Hudgens: What I am talking about here is the City of La Porte
• pays $3.00 a month longevity. There are organizations
introducing legislation this year to increase longevity
for policemen and firement under 1269M to $10.00 a
month. Now if that were to pass and Civil Service
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Minutes - Regular Meeting, March 4, 1981, Page 6
passes, the policemen are going to get $10.00 a
month and the rest of our force will get $3.00 a
month, and that is a difference. And that's what
I mean when I say the Legislature sets policy.
True, the City will still administer that policy,
but the State Legislature, not by guidance but by
mandate of .State Law, establishes the policy that
we'll be administering for La Porte police personnel.
Jacobs: O.K., but by the same token there is another dif-
ference, the certification pay. You have got em-
ployees in the barn drawing certification pay and
police officers are not drawing certification pay.
Cline: You're going to be. That's already been decided
by this Council.
Jacobs: Yes, back some months ago we were advised it was
supposed to be going forth with when Detective
Butchee was President, and it has since been tabled
due to the fact of us going for State Civil Service.
. Simons: Sergeant Jacobs, I would like to check on that be-
cause I met with Detective Butchee and I promised
him that would not be tabled and it has been brought
back up to this Council twice since I met with
Detective Butchee.
Jacobs: O.K. Well, this is new to me. I did not know that.
The only thing I knew was that--
Simons: Our problem is the communication between the Police
Department and the Council.
Jacobs: O.K., Number 3 - Of the 122 Texas cities over
10,000 population, only 52 are governed by State
Civil Service. Many of the employee organizations
of the 52 communities governed. by the Act are associa-
ted with union groups that lobby the Legislature
for collective bargaining and unionization of public
service employees. Ts not the City of La Porte a
member of TML, which is one of the largest lobbying
groups in the State? The way this is written up is
kind of like the Council is going to take the posi-
tion of against any kind of lobby, the way we inter-
pret it from our State Association that we are members
of .
• Simons: Sergeant Jacobs, may I check just one second on that?
TML is for all the cities in all the State of Texas,
and every department in the City is included in TML;
Police Department, Fire Department, Library, every
department in it. A play on words could be turned around.
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Minutes - Regular Meeting, March 4, 1981, Page 7
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Jacobs: What we are saying is the way this is drawn up by
publicly opposing the adoption of Civil Service Act
and urging the citizens to vote against it. We
can't see, we had a meeting last night, the Board
has been meeting regularly and we just can't under-
stand why the City doesn't print facts, come out
with some facts and let the citizens not be biased
from either side and decide for themselves instead
of being pushed by this Resolution, which we all know
there's a lot of people in this community that what-
ever the Council says, some of them say, I voted
them into office and they know what's good for the
community and instead of them checking into it or
asking us to speak and letting the citizens decide
on the facts.
Simons: You will notice I tabled my vote because I wanted
to get the facts.
Cline: Why didn't the Association come to the Council and
ask us to consider putting this on the ballot in-
stead of forcing us to do it with a petition? None
• of you came to us to say, "Would you consider Civil
Service for the Department and would. you consider
putting it on the ballot." You left us no choice
when you went out and got your petition. I'm not
saying we would or would not have done it but I
don't think the Department was being quite fair with
the Council at that time.
Jacobs: Do two wrongs make a right? I agree, we could have
come before the Council and there is a possibility
that the Council could have come in with this same
resolution and said, "No way."
Cline: O.K. but then you have the alternative to go to the
petition. We are aware you have that right anyway.
I think it would have been fruitless of the Council
to have denied the request, knowing you could do it
by petition.
Simons: I think Detective Butchee is trying to say something.
Cline: John, would you like to withdraw your motion and
table it for study until we can get this committee
to study.
Tomer- No, I don't think so, and I will tell you basically
• lin: why. Now, I think very highly of our police depart-
ment. I'm tremendously impressed with them. I hap-
pen to have two teen-aged sons who run the streets
of La Porte who share that same feeling and knowing
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Minutes - Regular Meeting, March 4, 1981, Page 8
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a lot of young people in La Porte, I am very proud
of the example our officers set. I think the Council
needs to take a stand. Now I agree with you 100 per-
cent that if the officers had come in and said we
want to be considered for Civil Service, I'd have
voted "yes" because I think the citizens of La Porte
should have the right to say whether or not we have
it because it affects all of us. But I don't really
want to withdraw my motion because I think it is my
way of saying, publicly as Sergeant Jacobs is now
and I think an awful lot of Sammy, "I don't agree
with it," I would prefer any problems that we have
taken care of internally. If, I as a Councilman
or as a private citizen, feel like we cannot be
taken care of internally, then I would be right
outside passing out cards and sheets myself. I feel
that strongly.
Jacobs: In reply to Mrs. Cline asking why we didn't approach
the Council, the past 6 years this past year is the
first year I have not been on the Board. Butchee
and Parker were on the Board. About a year ago this
was brought up about our wish to go Civil Service and
• talked over with Mr. Hudgens. I don't know what
transpired from that point. I am sure that some of
the Council members were aware that we wanted to go
Civil Service. As far back as 1976 the Association
checked with the Federal Census Bureau to pay for
a census. It was too much; it was $7,000.00 and
some dollars. This is not something that's come up
because. of growing problems over the pa-t 6 months,
past year, or even the past 2 years. It is something
we have wanted and we feel it will benefit us and
the citizens for several years now.
Simons: Sergeant Jacobs, I for one, back in '76, don't know
how many officers I talked to that would just go on
about Civil Service and could hardly wait till we
got to a 10,000 population so he could go Civil Service,
but I think what Councilman Tomerlin is saying is it
would have been a lot better if you had come to us
first. Follow what I am trying to say?
Jacobs: We can see your point. Did we hurt your feelings by
going the other way? We didn't mean to hide anything.
I'm getting the feeling you all got your feelings hurt
because we didn't come through the Council.
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• Minutes - Regular Meeting, March 4, 1981, Page 9
Hudgens: Let me say this, first of all, I talked to Ed last
year, about the time we were doing the census for
the consolidation. At that time the request was
never made to bring this before the Council.. In
addition, I think it is important to understand,
the position that's stated on the Resolution is
not a statement of non-support for the Police De-
partment. It is not that at all. You must under-
stand from the other side of the coin that, number
one, every 2 years the State Legislature meets.
This is something that continues to concern me.
It's not just this particular thing. We have lost
control of State Government and Federal Government.
Local Government is the only one left where indi-
vidual citizens have very much impact on what goes
on. Every time the State Legislature meets, whether
it's the Peveto Bill, 1269M or what, every time the
State Legislature meets the Legislature chips away
more of local control of government. They pass
legislation every two years that have financial
impact on local government that the tax payers pay
for. It is totally out of control of the local
• elected official. With 1269M what we are talking
about is not non-support of the police department;
I'm totally supportive of the police department. I
appreciate our police department. There is a basic
philosophical difference of who should establish
personnel policy for the City of La Porte. Whether
it should be this City Council to decide how many days
vacation an employee gets, how many sick days he gets,
whether or not they all get paid the same or whether
they get paid in steps. That's a decision this City
Council should make. How much longevity any employee
should get or how many days off they get. Those
things are the things that rightfully belong in the
policy formulation of the City Council of the City.
They do not belong to the State Legislature. It in-
censes me greatly that every time the State Legislature
meets they pass some kind of law that adversly affects
local government and removes local control from the
people that are elected by the people of this com-
munity. The State Legislature does not know what is
best for the City of La Porte, and that includes
1269M. I personally do not believe that unionization
of public service employees is proper. I'm not knodk-
ing unions. I'm saying that when it comes to the
point of public safety in a community, to se a strike
• of police officers as in New Orleans., or that you hear
in some other areas, is not appropriate and I have
Minutes - Regular Meeting, March 4, 1981, Page 10
L~
been involved in communities that were under 1269M
and I have seen where it led, in some communities,
from 1269M to collective bargaining. An example of
that, they tried collective bargaining in Deer Park
last year, which failed.
Jacobs: Yes, but you've got to look at the problems that
Deer Park had and why the officers went that way.
They had no communications with their Chief of Police.
I feel we can walk in Chief Freeman's door any time
if we've got a problem. We've got two lieutenants
and Assistant Chief and we've still got an open door
policy with him. Civil Service won't take away from
that.
Hudgens: And you have an open door policy with me. We have
an established procedure in our personnel policy. If
there is any grievance there's a method to air it and
getting it resolved without 1269M and I think that's
what Councilman Tomerlin is saying. If there's some
difficulty with the way something is done there are
other methods to take care of it other than abdica-
• tion of the policy for personnel to the State Legis-
lature. So it's not a matter of not supporting the
police department, we do. We have a basic philosophical
difference of what's best for our department, because
I do not feel 1269M is good for our department, the
City organization or this City as a whole.
Jacobs: O.K. You're using the word, a policy and procedures.
All the agencies I have talked to under 1269M, their
City still sets their policy and procedures. Granted,
there is some input from 1269M into it, such as the
longevity pay, such as officers under 5 years, 3 weeks
paid vacation instead of 2; such as if they get hurt
out here in the line of duty the City of La Porte,
after 6 months can stop it. I'm not saying you as a
Council will, but under 1269M if I get shot out here
tonight on the midnight shift, in 6 months, you know,
you all can say to heck with it. Under Civil Service
I have got a minimum of one year. You know, what we
are trying to look for is the benefit package in here.
To better us. To help us out as officers and there's
also some things in there that are going to help the
citizens of La Porte, which will insure, the way the
promotion structure is now, it's the senior man, he
moves up.
• Simons: Sam, let me stop on that point right there. I came
on board in '76. Did I not try to implement promo-
tions by test?
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Minutes - Regular Meeting, March 4, 1981, Page 11
Jacobs: One year we had a test.
Simons: 1977. Sergeant Edgmon, Sergeant Harris, Sergeant
Kerber, Sergeant Rice, all four took that test.
Two high men didn't get it, two low men did. I
see what you're saying.
Jacobs: Under Civil Service it will not only assure us a
fair share as far as promotion wise, which I'm
not saying, I'm not attacking the Chief, not at all,
cause I think the Chief has tried to work with us
as best he could. What I am saying is it's going
to be some incentive for us. It's going to be a
drawing card for other officers across the state.
Look how long we've had an opening right now that
we cannot get filled.
Hudgens: The City of Houston has got 5,000 they can't get
filled.
Jacobs: But we're talking about La Porte.
• Cline: Sammy, I'd like to know, the Association in putting
out this fact sheet, why would you say that "State
Civil Service provides the community with a service
that is free from political influence." Maybe I'm
interpreting political influence in a different
way than you are.
Jacobs: There is a particular family here in town that some
of their sons, the officers have felt they can't
arrest them because of political feed back. These
kids have come out and made the comment, "If you
value your job, you won't give me a ticket. I know
such and such." Now we have run into this on more
than one occasion.
Cline: Well, these are things that I think your association
needs to get your Chief and make this Council aware,
because believe me, I was not aware any of this was
going on. Had I been aware of it it certainly would
have been stopped.
Jacobs: This has been going on for six and a half years and
this has been going on. There is some little politi-
cal cliques.
Hudgens: Has anyone lost their job because of wrigint tickets
• that you're aware of?
Jacobs: No, not writing a ticket; there's some officers who
have got, in a round about way, some heat. We've
had the termination, 3 officers out of the past 17
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Minutes - Regular Meeting, March 4, 1981, Page 12
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officers, there have been others that left because
of some input from some of the Councilpersons or
in a round about way from some of the business per-
sons around town to Councilpersons.
Simons: Didn't I tell you that my door is open anytime?
Jacobs: But your door being open anytime is just like a
while ago, three Councilmen voted and you got voted
down.
Simons: Reason. They didn't get all the facts. If we don't
get all the facts, we can't come across.
Jacobs: We would love to sit down with the Council and dis-
cuss the Civil Service. We would really appreciate
the opportunity to sit down with you.
Cline: All right. I'll tell you what I'm going to do. I'm
going to withdraw my second to your motion, Council-
man Tomerlin, and I'm going to ask the Mayor to set
a meeting with the Association and we are going to
sit down and talk about it.
• Tomerlin: I would like to address the problems in general, not
just Civil Service. That's what we should address
ourselves to, that's the way T feel. I would like
to see the problems addressed. I don't want to get
on a confrontation basis, where it's me against you,
or vice versa. Regardless of what happens on April
4th, I won't think any more or any less of any one
of you, and April 5th I become unprotected if you
ever thought I was. I would like to see us discuss
the problems themselves more so than Civil Service.
Mayor: Mrs. Cline withdrew her second.
Tomerlin: In that case, I withdraw my motion.
Cline: Then when can we set our meeting?
Tomerlin: How about tomorrow afternoon? Make it 5:00 o'clock.
I'll be here.
Malone: Does this mean the committee is no longer a committee?
Cline: I think we should all meet, then if we still feel
there needs to be some work done then the committee
• can become active.
Mayor: This is the entire Police Department, if they want to
come.
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Minutes - Regular Meeting, March 4, 1981, Page 13
Malone: Mayor, I think the Chief of Police is to be com-
mended for having a president like Sammy. He makes
a very good presentation. We are glad to see Jackie
Williams back, too.
Councilman Kibodeaux returned to the Council table.
7. City Attorney Askins read Ordinance 1251: AN ORDINANCE
AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH UNION CARBIDE CORPORATION
WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT FOR THE SIX (6)
YEAR PERIOD COMMENCING JANUARY 1, 1981.
A motion was made by Councilman Simons to approve and adopt
Ordinance No. 1251 as read. Seconded by Councilwoman Cline.
The motion carried, 4 ayes and 0 nays.
Ayes: Tomerlin, Kibodeaux, Cline, Simons
Nays: None
c:
8. Council considered the recommendation of Director of Public
Works to accept the bid submitted by Environmental Sales and
Service, Inc., of $40,800.00 for an Aquatech Machine (Sewer
Jet Truck). Mr. Hodge's recommendation is a part of these
minutes.
A motion was made
the sewer jet tr
in the amount of
The motion Carrie
Ayes: Tomerlin,
Nays: None
9. Administrative:
by Councilman Kibodeaux to award the bid for
uck to Environmental Sales and Service, Inc.,
$40,800.00. Seconded by Councilwoman Cline.
d, 4 ayes and 0 nays.
Kibodeaux, Cline, Simons
Mr. Hudgens reported the bids on the cleaning and painting
of the water towers will be received next Wednesday.
He also reported the Lomax subdivision was disconnected from
the Deer Park water system at 10:00 A.M., March 4, 1981.
•
There being no further business to be brought before the Council,
motion was made by Councilman Tomerlin to adjourn. Seconded by
Councilwoman Cline. The meeting was duly adjourned at 9:05 P.M.
Passed & Approved this Respectfully s omitted,
the h ay March, 1981
~. *'Be ty Waters
J. J. Meza, Mayor City Secretary
,r
H. CARLOS SMITH
ENGINEERS AND SURVEYORS, INC. PHONE A/C 71 3 471-4226
718 SOUTH BROADWAY
P. O. BOX M
LAPORTE.TEXAS 7571
2 March, 1981
Hon. rtayor & City Council
City of La Forte
La Forte, Texas 77571 Re: °treet Faving & Drainage
Improvement= - Lomax Bond
Frog_ram - Job No, 1288-80
Gentlemen:
As anticipated the low bid recieved on the Gtreet Paving
& Drainage Improvements - Lomax Bond grogram - Job No.
1288-80, exceeded the available bond funds by approximately
$600,000.00, with no allowance for contingencies.
Bond moniee available are aG follows, based on payments
made and anticipated expenditure:
Proceed= from Bond Gale
4x~enses;
Bond Fee
Cther
Testing Lab
Prelim , Engr ,
Design EnD-r ,
Fee
Estimated Engr.
Constr,
P,alance E'ngr.
Deign Fee
$ 1,450,000,00
$48,107.00
? 30 . oo -,v a+~o ~ N~.y 4~Nr~r:Q- -~ ~~a. ,~- ~-~~~ S.~,Q~ ~6
946,00 ~
16,536.00
99,350,00
25,000.00
12,286,00
Balance for Construction
2oz,955.00
~ 1,247,045,00
After consultation with I~ir, Hudgens, rig. Joerns, and rtr.
Taylor, the following options are offered to the Council
for their consideration:
Option No, l:
Reduce the width of pavement on Ilorth "H" ~t „ and North
"P" street to 24 feet and eliminate the 'nest end of I~Iorth
"H" Gtreet from Lomax Gchool Road to Big Island Clough,
and construct Robinson Road and Houston Drive, all of
these streets being major streets or feeder streets.
Construction Cost:
North "H" ~t. $ 448,232.00
North "P" St. 529,239.00
Lomax Gch. Rd, 136,730,00
Robinson Rd. 35,250.00
Houston Dr. 110,663,00
Total $ 1,260,114,00
•
This wou~ leave a deficit of $ 13,100.0~n construction
funds p1uG a contingency allowance of $60,000.00 or a
total deficit of $75,000.00 to be obtained from other
than bond funds to safely complete this option.
Option No. 2:
The second option would be to construct only the three
major streets; North "P" Gt., North "H" Gt. and Lomax
Gchool Road, at the reduced xidths and eliminating
the West end of North "H" Gt., as in Option No. 1~
Construction Costs:
North "H" fit.
North "P" Gt.
Lomax school Rd.
Total
$ 448, 2 32.00
529,239.00
136,730.00
$1,114,201.00
This would leave a balance of bond funds of $132,843.00
for contingencies and the posibility of constructing
some of the shorter streets. Our recommendation would
be to construct Valley View, which is also a feeder
street, at a construction cost of $67,123.00, which
would leave a contingency fund of $ 65,720.00.
•
Other options are open to the Council, at their suggestion,
but these two options are our recommendations. These
are contigent on hicKey Construction & Equipment, Inc.,
accepting a change order reducing the scope of their
work, without any increase in unit prices as per their
bid .
Respectfully submitted:
H. Carlos ~r-ith-Engineers & Gurveyors, Inc.
Cn6%~i~ v
??. Carlos smith, P.E.
T~esident
•
•
RESOLUTION NO. 81-4
A RESOLUTION AUTHORIZING THE USE OF CALCIUM SULFATE AS ROAD SUB-
BASE MATERIAL FOR THE IMPROVEMENT OF 23RD STREET IN LA PORTE,
AS A TEST SECTION; ~1ND WAIVING BID FORMALITIES..
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Attached to this Resolution, and made a part
hereof, are copies of a Proposal by McKey Construction and
Equipment, Inc., to provide and install calcium sulfate for sub-
base material for the improvement of 23rd Street, and the recom-
mendation of Jerry Hodge, Director of Public Works, that the
City accept such proposal, as a test section, to determine if
• the City should use calcium sulfate as a road base material in
future street construction.
Section 2. The City Council of the City of La Porte finds,
determines, and declares that McKey Construction and Equipment,
Inc., is the sole source of supply of calcium sulfate, and that
there is therefore no reason nor necessity for bidding on such
test section; and, further, that such proposal is reasonable and
that such test is in the best interest of the City of La Porte,
because of the increasingly high cost of crushed limestone, and
because calcium sulfate, if proven satisfactory in such test,
will provide the City of La Porte with an alternate type of road
base material at a fraction of the cost of crushed limestone.
Section 3. The City Council authorizes the approval of a
• contract with McKey Construction and Equipment, Inc., based on
said proposal, with appropriate change orders as may be necessary
as to quantities and thickness.
PASSED TND ADpRrJV~'n, }:'; ° tY'~ n}~' d~y ` Mar:;`:, 138i.
~::. 11U .~ z.. i. a ^v s.
•
CITY OF LA PORTE
J. J. Meza, Mayor
n
LJ
Resolution No. 81-4, Page 2.
ATTEST:
' ity Secretary
• APPROVED:
City Attorney
•
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....~ : _._,.. ,... rR
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
T0: JIM HUDGENS, CITY MANAGER DATE: FEBRUARY~23,-1981
FROM: JERRY HODGE, DIRECTOR OF PUBLIC WORKS
SUBJECT; 23rd. STREET T EN~R8i~6E EO ~I~W SER~I~B C~:l'~~~
•
McKey Construction Company has proposed to provide and install
calcium sulfate on 23rd St. for the following amounts:
8" thickness - $12,504.80
10" thickness - $15,092.00
This quote includes material and labor.
This material would take the place of crushed limestone, which
would cost:
8" thickness- 2070 tons @ 14.11 per ton = $29,207.70
10" thickness- 2587 tons @ 14.11 per ton = $36,502.57,
This estimate is for material only; city cre~os would have to
install.
It is evident that calcium sulfate would be much cheaper than
limestone.I recommend that the city accept McKey Construction's
proposal, and use this street as a test section, to determine
if the city should use this material in future street construction.
C~
..-_~ , ;. .. , -~;t ,-t~ M r.},. . h ~"' ': ~ a 4 ~''4~ YWHk577-.., Y:y':irY ,. I'u5:'Sp t. r , :'~ti'~r,.:, :.',..
r r ~~~lt~t11~~( Page No. 1 of 1 Pages
j McKEY CONSTRUCTION
& EQUIPMENT, INC.
111 North 16th Street • P. O. Box 9
La Porte, Texas 77571
Phone (713) 471.2103
PROPOSAL SUBMITTED TO
City of La Porte Mr. arty HO CJeS
- Mr. Jim Hudgens PHONE
471-5020 DATE
2-11-81
STREET
P.O. Box 1115 JOB NAME
CITY, STATE AND ZIP CODE
La Pprte, Texas
77571 JOB LOCATION
CHITECT DATE OF PLANS JOB PHONE
I
We hereby submit specifications and estimates for:
Provide and i.
install calcium sulfate for stab-base material for the entrance II
road to the new City of La Porte Maintenance Facilities.
4312/sq.yds @ $2.90/sq.yd, 8" thickness------------------------------- $12,504.80 ~
4312/sq.yds @ $3.50/sq.yd, 10" thickness------------------------------ $15,092.00 II
i
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~P ~I'0~1DSF hereby to furnish material and labor -complete in accordance with above specifications, for the sum of: 1.
dollars ($ ).
Payment to be made as follows: ~'
In full upon receipt of invoice.
All material is guaranteed to be as specified. All work to be completed in a workmanlike ,..-^• / "~ ~_ ~~/! 1I
manner according to standard practices. Any alteration or devia5on from above specifira~ AUthOriZed `'-'--'f/~ ~---r, / ~,~,.-~--
ions involving extra costs will be executed only upon written orders, and will become an Signature ..~__ % ~ I,
i
~rtra charge over and above the estimate. All agreements contingent upon stakes, accidents ~;-
r delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Note: TrIiS propos '3 b. P:---~'` 30 '
Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by u5 if not accepted within days. I
,~rt~~#~tttt~ IIf ~r~~~,~~~ -The above prices. specrfications
and conditions are satisfactory and are hereby accepted. You are authorized Signature
to do the work as specified. Payment will be made as outlined above.
Date of Acceptance: Signature
ORDINANCE NO. 1251
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE
OF AN INDUSTRIAL DISTRICT AGREEMEN^1 WITH UNION CARBIDE CORPORA-
TION WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT FOR THE SIX
(6) YEAR PERIOD COMMENCING JANUARY 1, 1981.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
finds, determines and declares that Union Carbide Corporation
has executed an industrial district agreement with the City of
La Porte, for the six-year term commencing January 1, 1981, a
copy of proposed industrial district agreement being attached
• hereto, incorporated by reference herein, and made a part
hereof for all purposes.
Section 2. The Mayor, the City Council, and the City
Secretary of the City of La Porte, Texas, be, and they are
hereby, authorized and empowered to execute and deliver on
behalf of the City of La Porte, Texas, the industrial district
agreement with the corporation named in Section 1 hereof, a
copy of which is attached hereto.
Section 3. The City Council officially finds, deter-
mines, recites and declares that a sufficient written notice
of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public
at the City Hall of the City for the time required by law
• preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised Civil Statutes Annotated; and
that this meeting has been open to the public as required by
law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting
thereof.
• Section 4. This Ordinance shall be in effect immediately
upon its passage and approval.
•
Ordinance No. 1251 , Page 2.
PASSED AND APPROVED this the 4th day of March ~
1981.
CITY OF LA PORTE
By .~-
J. J. Meza, Mayor
ATTEST:
•
t ec etary
APPROVED:
`C%~ • ,
City Attorney
•
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KNOX W. ASKINS, J. D., P. C.
ATTORNEY AT LAW
702 W. FAIR MONT PARKWAY
P. O. BOX 1218
GAIL J. HAMILTON. J. D. LA PORTE. TEXAS 77571
ASSOCIATE ~ TEIEPNONE
February 26, 1981 ~~s 4~~•~88e
•
Mr. Fran ubert, Jr.
BAKER & BOTT
One Shell Plaza ,
Houston, Texas 770
Re: G-11,738
Union Carbide Corporation
City of La Porte Industrial District Contract
Dear Frank:
I am enclosing herewith copy of proposed adoption ordinance, and
corrected pages 5 and 11, of the proposed Industrial District Agreement
between Union Carbide Corporation and the City of La Porte.
Page 5 has been retyped, to show an expiration date of December 31,
1986, which is the common expiration date for all City of La Porte
Industrial District Agreements at this time.
Page 11 was retyped to reflect changes in titles of City officers,
because of a charter amendment election.
By copy of this letter, I am sending the original. of these documents
to Ms. Betty Waters, City Secretary, with the request that she place
them on an early agenda for approval.
Yours veryti-truly,
~l
Knox W. Askins
KWA: jm
Enclosures
cc: Ms. Betty Waters
City Secretary
CITY OF LA PORTE
La Porte, Texas 77571-
Mr. Hugh L. Landrum
1320 South Loop West, Suite 2B~ n~ l
Houston., Texas 77054 ( ;~~ u
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f ~
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NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE TEXA5 GL•'NERAL 11J1BITt2ATION ACT, ARTICLE
224, ET. SEQ., REVISED CIVIL STATiJTES OF TEXAS
'rHE STATE OF TEXAS §
COUNTY OF HARRIS §
CITY OF LA PORTS §
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF
LA PORTS, TEXAS, a municipal corporation of Harris County, Texas,
hereinafter called "CITY", and UNION CARBIDE CORPORATION
a New York
corporation, hereinafter called "COMPANY",
W I T N E S S E T H: That
WHEREAS, it is the established policy of the City Commission of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing indus-
tries therein, and such policy is hereby reaffirmed and adopted by
this City Commission as being in the best interest of the City and
its citizens; and
t4HEREAS, Company is the, owner of a certain tract(s) of land more
• particularly described in the Deed Records of Harris County,. Texas,
in the following Volume and Page references, to-wit:
General Warranty Deed dated November 12, 1980,
from Elizabeth Welling Cockburn Deaver, et al.,
to Union Carbide Corporation, recorded under
Film Code No . 17~ -Q7-Q~ 4Q in the Official
Public Records of Real Property of Harris County,
Texas;
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Industrial District Agreement - 2
upon which tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial plant(s);
and
WHEREAS, pursuant to its policy, City has enacted Ordinance tvo.
729, designating portions of the area located in its extraterritorial
jurisdiction as the "Battleground Industrial District of La Porte,
Texas," and Ordinance No. 842, designating portions of the. area
located in its extraterritorial jurisdiction as the "Bayport Indus-
trial District of La Porte, Texas," hereinafter collectively called
i "District," such Ordinances being in compliance with the i•4unicipal
Annexation Act of Texas, ArtY.c~le 9 7Qa, Vernons Annotated Revised
Civil Statutes of Texas; and
~•7HEREAS, City desires to encourage the expansion and growth of
industrial plants within said District and for such purpose desires
to enter into this Agreement with Company pursuant to Resolution
adopted by the City Commission of said City and recorded in the
official minutes of said City:
NO~a, TFJEREFORE, in consideration of the premises and the mutual
agreements of the parties contained herein and pursuant to the
authority granted under the tiunicipal Annexation Act and the Ordi-
nances of City referred to above, City and Company hereby agree with
• each other as follows:
I.
City covenants, agrees and guarantees that during the term of
this Agreement, provided. beloca, and subject to the terms and provi-
sions of this Agreement, said District shall continue and retain its
extraterritorial status a~ an industrial district, at least to the
extent that the same covers the land described above and belonging
to Co^~Pany anc3 its assigns, and unles, and until the status of said
• land, or a Portion or portions thereof as
an industrial district
muy be changed pursuant to the terms of this Agreement. Subject to
~~
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Industrial District Agreement - 3
the foregoing and and to the later provisions of this Agreement, City does
further covenant, agree and guarantee that such industrial district, to
the extent that it covers said land lying within said District and not
now within the corporate limits of City, or to be annexed under the provi-
sions of Article II hereof, shall be immune-from annexation by City during
the term hereof (except as hereinafter provided) and shall have no right
to have extended to it any services by~City, and that all of said land,
including that which has been heretofore or which may be annexed pursuant to
the later provisions of this Agreement, shall not have extended to it by
ordinance any rules and regulations (a) governing plats and subdivisions of
land, (b) prescribing any building, electrical, plumbing or inspection
ce or codes, or (c) attempting to exercise in any manner whatever control
over the conduct of business thereon, provided., however, it is agreed that
City shall have the right to institute or intervene in any judicial
proceeding authorized by the Texas Water Code or the Texas Clean Air Act
to the same extent and to the same intent and effect as if all land covered
by this Agreement were located within the corporate limits of City. During
the term of this Agreement, Company agrees to use said land only for the
?ermitted Uses set forth in Exhibit A hereto, and not to use said land for
sny Prohibited Use set forth in said Exhibit A.
II.
(A) All or a portion of the hereinabove described property has hereto-
=ore been annexed by City. At such time or times as any improvements to
t~above-described property are completed and placed in use, Company
.sill file with City its petition to annex a portion of the above-described
property, and City will disannex and annex portions of such property in
accordance with such petition, to the end that twenty-five percent (250)
of the total value of the land and improvements hereinabove described shall
at all times be annexed to City. Company agrees to render and pay full City
ad valorem taxes on such annexed land and improvements, and tangible personal
property.
. (1) For tax year 1981, Company also agrees to render and
pay an additional amount "in lieu of taxes" on Company's
land, improvements, and tangible personal property in the un-
~~
•
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Industrial District Agreement - 4
annexed area to the end that Company's payment of taxes on the
annexed area, corlbir.ed with its p~~yment of "in lieu of taxes"
on the unannexed area, will equal forty-five percent (45~) of
the amount of ad valorem taxes which would be payable to City
by Company if all of the hereinabove described property had
been ~vithin the corporate limits of City.
(B) The Texas Property Tax Code (S. B. 621, Acts of the 65th
Texas Legislature, Regular Session, 1979) will be effective for 1982
and subsequent years hereunder. Under the terms of said Act, the
• appraised value for tax purposes of the annexed portion of land,
improvements, and tangible personal property shall be determined by
tt~e Harris County Appraisal District. The parties hereto recognize
that said District has no authority to appraise the land, improve-
ments, and tangible personal property in the unannexed area for. the
purpose of computing the "in lieu" payments hereunde-r. Therefore,
for 1982 and subsequent years. under- this Agreement, the parties
agree that the appraisal of the land, improvements, and tangible
personal property in the unannexed area shall be conducted by City,.
at City's expense, by an independent appraiser of City's selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the
• entire (annexed and unannexed) land, improvements, and- tangible
personal property.. Company agrees to render and pay full City ad
valorem taxes on such annexed land, improvements, and tangible per-
sonal property.
'(1) For tax year 1982 and thereafter. Coi-~pany also agrees to
render to City and pay an amount "in lieu of taxes" on Company's
land, improvements, and tangible personal property in the un-
annexed area equal to forty-five percent (~l ~~ ~ ) of the amount of
• ad valorem taxes which would be payable to City if all of the
tiereina-.~ove described property had been within the corporate
____--- _-- __a~_ _ _ _ ,E~
•
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Industrial District Agreement - 5 ~~
limits of City and appraised by City's independent appraiser,
reduced by the amount of City's ad valorem tax on the annexed
portion thereof as determined by appraisal by the Harris County
Appraisal District.
Nothing contained in Article II(B)(1) shall ever be construed
as in derogation of the authority of the Harris County Appraisal
District to establish the appraised value of land, improvements,
and tangible personal property in the annexed portion, for ad valorem
tax purposes.
• III.
'T'his Agreement shall extend for a period beginning on the 1st day
of January, 1981, and continue thereafter until December 31, 1986,
unless extended for an additional period or periods of time upon mutu-
al consent of Company and City as provided by the Municipal Annexation
Act; provided, however, that in the event this Agreement is not so
extended for an additional period or periods of time on or before
August 31, of the final calendar year of the term hereof, the agree-
ment of City not to annex property of Company within the District
shall terminate. In that event, City shall have the right to com-
mence immediate annexation proceedings as to all of Company's property
covered by this Agreement, notwithstanding any of the terms and pro-
visions of this agreement, and in such event Company agrees that if
• the Texas Municipal Act, Article 970a (V.A.T.S.), is hereafter amended
or any new legislation is enacted by the Legislature of the State of
Texas which imposes greater restrictions on the right of City to
annex land belonging to Company or imposes further obligations on
Ci•~~- in con,:ection therewith ai ~.er the ar.:zexation of such land,
Company will waive the right to require City to comply with any such
additional restrictions or obligations and the rights of the parties
shall be then determined in accordance with the provisions of said
• Texas Municipal Annexation Act as the same exists on the date of
.1~
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Industrial District Agreement - 6
execution of this Agreement.. This Agreement may be extended for an
additional p~•riod or periods by agreer,!~nt br~ta;ec'n City and Company
and/or its assigns even though it is not extended by agreement
between City and all of the ocaners of all land within the District
of which it is a part. In this connection, City hereby expresses
its belief that industrial district agreements of the kind made
herein are conducive to the development of existing and future indus-
try and are to the best interest of all citizens of City and encour-
age future City Commissions to enter into future industrial district
• agreements and to extend for additional periods permitted by lac•~
this Industrial District Agreement upon request of Company or its
assigns; provided, hocaever, that nothing herein contained shall be
deemed to obligate either party hereto to agree to an extension of
this Agreement.
IV.
Company agrees to pay all ad valorem taxes, and all•"in lieu of
taxes" pa gents hereunder, to City on or before December 31 of each
year during the term hereof. It is agreed that presently the r_~atio
of ad valorem tax assessment used by City is ,eighty per cent (80~) of
the fair market value of property. Any change in such ratio used by
City shall be reflected in any subsequent computations hereunder.
• This Agreement shall be subject to all provisions of law relating to
determination of value of land, improvements, and tangible personal
property, for tax purposes (e.g., rendition, assessment, IIoard of
Equalization procedure, court appeals, e~c.) for purposes of fixing
and determining the amount of ad valorem tax payments, and the amount
of "in lieu of tax" payments hereunder, except as otherwise provided
in Articles II and V hereof.
V.
• (A) In the event Company elects to protest t}le valuation for
tax purp o~c~ yet on its said properties by City or by the fiarris
__ _ _ ~
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• •
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Industrial District agreement - 7
County Appraisal District for any year or years during the terms
hereof, noti:ing ir. this Agreement shall pre clud~: such protest z~nd
Company shall have the right to take all legal steps desired by it
to reduce the same. Notwithstanding such protest by Company, Company
agrees to pay to City on or before the date therefor hereinabove
provided, at least the total of (a) the total amount of ad valorem
tares on the annexed portions, plus (b) the total amount of the "in
lieu of tares" on the unannexed portions of Company's hereinabove-
described property which would be due by Company to City in accord-
. ance with the foregoing provisions of this Agreement on the basis of
renditions which shall be timely filed by Company with City's Tax
Assessor-Collector or with both the City and the Harris County
Appraisal District (as the case may be) for that year. j~lhen the
City or Harris County Appraisal District (as the case rtay be) valua-
tion on said property of Company has been so finally determined,
either as the result of final judgment of a court of competent juris-
diction or as the result of other final conclusion of the controversy,
then within thirty (30) days thereafter Company shall make payment
to City of any additional payment due hereunder based on such final
valuation.
(B) Should Company disagree with any appraisal made by the
• independent appraiser selected by City pursuant to Article YI(B)
above (which shall be given in writing to Company), Company shall,
within twenty (20) days of receiving such copy, give written notice
to the City of such disagreement. In the event Company does not
give such written notice of disagreement within such time period,
the appraisal made by said indeF>end~nt appraiser shall be final and
controlling for purposes of the determination of "in lieu of tares"
payments to he made under this Agreement.
Should Company give such notice of disagreement, Company shall
also submit to the City with such notice a written statement setting
C/l~
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Industrial District Agreement - 8
forth what Company believes the market value of Company's herein-
abov~ describ°d property to be. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an agree-
ment as to the marY.et value of Company's property for "in lieu"
purposes. hereunder. If, after the expiration of thirty (30) days
from the date the notice of disagreement was received by City, the
parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as pro-
vided in subparagraph (1) of this Article V(B). Notwithstanding
• any such disagreement by Company, Company agrees to pay to City
on or before December 31 of each year during the term hereof, at
least the total of (a) the ad valorem tares on the annexed portions,
plus (b) the total amount of the "in lieu"payments which would be
due hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder.
(1) A board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be named
by those two. In case of no agreement on this arbitrator in
10 days, the parties will join in a written request that the
Chief Judge of the U. S. District Court for the Southern Dis-
trict of Texas appoint the third arbitrator who, (as the "Im-
partial Arbitrator"} shall preside over the arbitration pro-
• ceeding. The sole issue to be determined in the a
rb~.tration
shall be resolution of the difference between the parties as
. to the fair market value of Company's property for calculation
of the "in lieu" payr^ent and total payr;rent hereunder for the
year in ~Iuestion. The Board shall hear and consider all rele-
vant and materia l evidence on that issue including expert
opinion, and shall render its written decision as promptly a~
practicable. That decision shall then be final and binding
upon the parties, subject only to 'uc~icia
7 1 review as may be
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Industrial District Agreement - 9
available under the Texas General Arbitration Act (Articles
224-'l3£~, Vernon':, Annot.-ited R°vised Civil Statutes of Ter.as) .
Costs of the arbitration shall be shared equally by the Com-
pany and the City, provided that each party shall bear its
own attorneys fees.
(C) Should the provisions of Article II(B) of this Agreement
become impossible of enforcement because of (1) the invalidity or
unenforceability of the Texas Property Code (S.B.-621, Acts of the
65th Texas Legislature, •Regular Session, 1979), or any relevant
• provision thereof, or (2) because of any material delay or failure
to act on the part of the Harris County Appraisal District, then
and in any of such events, all payments under this Agreement shall
be governed by the provisions. of Article II(A) hereof; anything
to the contrary in this Agreement notwithstanding.
VI.
City shall be~entitled to a tax lien on Company's above-described
property, all improvements thereon, and all tangible personal prop-
erty thereon, in the event of default in payment of "in lieu of
tares" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
• VII.
Company agrees to provide to City at Company's expense, a survey
plat and field note description of the land and improvements which
Company petitions to be annexed in accordance with the provisions of
,fit
Article II above. Such annexati~r. tract shall be cont~_g~~ous to a
point on tt~e existing corporate limits of La Porte. In the event of
failure of Company to file either such petition, or such description,
City shall have the right by notice in writing to Company to cancel
and terminate this Agreement.
~/,Z
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Industrial District Agreement - 10
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns, affili-
ates and subsidiaries, and shall remain in force whether Comoanv
sells, assigns, or in any other manner disposes of, either voluntar-
ily or by operation of law, all or any part of the property belonging
to it within the territory hereinabove described, and the agreements
herein contained shall be held to be covenants running with the land
owned by Company situated within said territory, for so long as this
• Agreement or any extension thereof remains in force.
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If City enters into an Agreement ~•~ith other landowner with
respect to an industrial district or enters into a renewal oL- any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend this
Agreement and City agrees to amend -same to embrace the more favorable
terms of such agreement or renewal agreement.
ENTERED INTO as of the 1st day of January, 1981.
LJ
UNION CARBIDE CORPORATION (COPIPANY)
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ATTEST; ~
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` S cretary
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Industrial District Agreement - 11
CITY OF LA PORTE
By
J. J. Meza, Mayor "
ATTEST:
City Secretary
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City Councilperson
City Councilperson
City-Councilperson
City Councilperson
APPROVED BY COUNSEL:
• KNOX W. ASKINS, Clty Attorney
702 W. Fairmont Parkway
P. 0. Box 1218
La Porte, Texas 77571
Telephone: (713) 471-1886
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EXHIF~IT A
(1) Permitted Uses. Company agrees to use the above-
described land only for the following purposes:
(a) Use as a site for buildings designed and
occupied for general office purposes, which may in-
clude ancillary uses as a service to occupants and
visitors of the office buildings, such as financial
institutions, cafeterias, and retail outlets.
(b) Use as a site for buildings designed and
occupied for light industrial purposes, including,
but not limited to manufacturing, warehousing,
distribution operations and research facilities.
Without limiting the generality of the foregoing,
use as an industrial gas complex as described below
shall be specifically permitted:
Tonnage gas plants (air separation plant)
which produce high purity gaseous oxygen and
nitrogen, and liquid argon, which will include
electrical substations, office buildings, control
buildings, cooling towers and other facilities
appurtenant to air separation plants. The only
air emissions from such plants will be gases
originally coming from the atmosphere and boiler
and heater emissions witri_n legal limits. The
only water discharges from such plants will be
cooling tower blow down and sanitary waste water
which will be treated on site prior to discharge
into drainage ditches. Oily rain water off
machinery will be collected and treated prior
to discharge, and any refuse, spent oil or sludge
from treatment systems will be hauled away fora
off-site disposal.
(c) Surface parking of vehicles or parking garage
for vehicles in conjunction with any of the permitted
uses specified in this Paragraph (1).
(d) Other uses that are neither specifically
authorized by this Paragraph (1) nor specifically
prohibited by Paragraph (2) will be permitted as to
portions of the above-described land if a description
of the proposed use is submitted to and approved
by City in writing in advance, which approval shall
not be unreasonably withheld.
(2) Prohibited Uses. The following operations and uses
shall not be permitted on any portion of the above-described
land:
(a) Any industrial use that is offensive by
reason of odor,. gas, fumes, dust, smoke or noise or
that otherwise constitutes a nuisance or is dangerous
or unsafe.
(b) Comme-cial exc- :ratior: of b~siiding ar .:c;n-
struction materials (but riot includi;.zg excavation
in connection with construction of improvements on
the Properties).
(c) Dumping, disposal, incineration or re-
duction of garbage, sewage, dead animals, industrial
waste or refuse.
(d) Drilling for anc;/or removal of oil, gas,
or other minerals; smelting of iron, tin, zinc, or
other ores; or refining o'~ petroleum or its products.
,7~
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THE STATE OF NEW YORK §
COUNTY OF NEW YORK §
BEFORE ME, the undersigned authority, on this day
personally appeared S. E Ni h ingale Treas~r r
of Union Carbide Corporation, a New York corporation, known
to me to be the person and officer whose name is subscribed
to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein
expressed, in the capacity therein stated, and as the act and
deed of said corporation.
day of
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
January 1981.
My Commission Expires:
_ March 30, 1982
1st
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Not y Public in and for,' , . / ~ ~ ~,
Said County and State 1 ~, ~~ '
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THE STATE OF §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day
personally appeared J. J. Meza, Mayor of the City of La Porte,
and all
City Commissioners of the City of La Porte, known to me to be
the persons whose names are subscribed to the foregoing instru~
. ment, and acknowledged to me that they executed the same for
the purposes and consideration therein expressed, and in the
capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
day of 198 .
Notary Public in and for
Said County and State
My Commission Expires:
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_+-..,~sn~,1~.r~Gars.~l~c:t'=~T'~a"'Y-Y:~~'>~.re.;`-i~Y. w,,;;<x •<'.i::~.~... _ - ..
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:,~'?9Fa+~4.s~n'a'.,y+Fit\. -`a:SI:X~~c-'K n:.'.. .,,; y. ..:.n .,~ t 9~s' _ _ ..
CITY OF LA PORTE
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INTER-OFFICE MEMORANDUM
T0: J.~ HUDGENS, CITY MANAGER DATE: FEBRUARY 23,1981
7 ,%
FROM: 'J`E,~R'Y%f~DGE, DIRECTOR OF PUBLIC WORKS
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SUBJECT, EWER-JET RECOMMENDATION
Low bid for this item was $39,486.33, from Joe Camp Fordo The
machine bid is a Dy-namic Hydra Cleaner.
As well as can be determined, there are only two of these
machines working in the Gulf Coast Area. It has been my exper-
ience that when there are few pieces of equipment in the area,
problems are encountered when parts and sere-ice is needed.
The next lowest bidder is Environmental Sales and Service, Inc.,
in the amount of $40,800.00. They bid on Aquatech Machine, which
is well represented, for example, the City of Houston owns six,
and they are well pleased with the performance, as well as parts
and service availability.
I therefore recommend that the city award the bid to Environmental
Sales and Service as the most advantageous to the city.
U
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RESOLUTION N0. ~I-s
WHEREAS, on Sunday, October 26, 1980, members of the
La Porte Police Department announced in a front page article
of the Bayshore Sun (copy attached) that they would circulate
petitions on November 4, 1980,. to require the La Porte City
Council to call a referendum election on the question of Police-
men's Civil Service.
WHEREAS, said petitions were duly filed with the City Sec-
retary on December 8, 1980, and certified by her as containing
the requisite number of signatures on February 4, 1981, the
La Porte City Council as mandated by State Statute passed
Ordinance Number 1250 on February 18, 1981, calling an election
on April 4, 1981, to consider the creation of a Civil Service
Commission to administer State Statute 1269M known as the Fire-
men's and Policemen's Civil Service Act.
WHEREAS, the City Council of the City of La Porte have
reviewed and studied the aforementioned State Statute in relation
to the existing personnel policies, salaries and circumstances
within the scope of City Service and have found, determined and
by this resolution declare that the adoption of Civil Service for
• our Police Officers is not in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF LA PORTE
THAT the City Council by these presents hereby state their
opposition to the adoption of the aforementioned Civil Service
Statute for the following reasons, to wit:
1. The adoption of the Policemen's Civil Service Act
will effectively remove personnel policy formula-
tion from local control and vest it with the Texas
Legislature.
2. The City of La Porte adequately compensates its
Police Officers for their services (salary and
benefit schedule attached) both in base salary
and benefits. In addition, the City of La Porte
operates under a uniform personnel policy duly
adopted by the City Council that applies to all
Municipal personnel equally. The adoption of
the Policemen's Civil Service Act will establish
b~ State Statute a set of personnel policies to
administer for Police personnel that does not
extend to all Municipal employees, thereby
creating dissention within the Municipal organi-
• zation.
3. Of the one hundred twenty-two (122). Texas cities
over ten thousand (10,000) population according to
the 1970 Federal census only fifty-two (52) are
governed by the Firemen's and Policemen's Civil
Service Act. Many of the employee organizations
of the fifty-two (52) communities that are governed
by the Act are associated with union groups that
lobby the Texas Legislature for collective bargain-
ing and unionization of public service employees.
THEREFORE, by these presents the La Porte City Council hereby
makes known its position of opposition to the passage and adoption
of the Firemen's and Policemen's Civil Service Act; and do hereby
• urge the citizens of La Porte to vote against the adoption of said
Act in the April 4, 1981, referendum election.
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Resolution No. $~-5 , Page 2
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PASSED AND APPROVED this day of
A.D., 1981.
ATTEST:
City Secretary
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CITY OF LA PORTE
By:
J. J. Meza, Mayor
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CURRENT SALARY AND BENEFITS
FOR
LA PORTE POLICE OFFICERS
BASE SALARIES
Patrolmen $16,284 p/yr to $19,871 p/yr
Sergeant 18,637 to 22,201
Lieutenant 20,408 to 23,948
BENEFITS IN ADDITION TO BASE SALARY (No cost to employee)
. Hospitalization insurance on employee and family
. Life insurance in the amount of $15,000 plus an amount
equal to one (1) year's salary based on the most recent
twelve months of employment
. All uniforms
. Uniform cleaning allowance of $250.00 annually
. Retirement program that vests 100 in ten (10) years -
City matches employee contribution two (2) to one (1)
. Ten (10) days paid vacation per year
. Nine (9) paid holidays per year
. Fifteen (15) paid sick leave days per year
. Time and one-half (12) for overtime