HomeMy WebLinkAbout1981-06-17 Regular Meeting
• MINUTES
OF THE
REGULAR MEETING OF THE LA PORTE CITY COUNCIL
JUNE 17, 1981
1. The meeting was called to order by Mayor Meza.
Members of the City Council Present: Mayor Meza, Council-
persons Norman L. Malone, John Longley, Gus Fairs, I. J.
Kibodeaux, Tom Simons, Deotis Gay, Don Skelton, Linda
Westergren
City Officials Present: City Manager James R. Hudgens, Assis-
tant City Attorney Gail Hamilton, City Secretary Betty T. Waters,
Public Works Director Jerry Hodge, Police Chief H. F. Freeman,
Fire Chief Joe Sease, Fire Marshal Paul Hickenbottom, Parks
and Recreation Director Stanley Sherwood.
There were 18 citizens present and representatives of the
Bayshore Sun and the Baytown Sun.
2. The invocation was given by Councilperson I. J. Kibodeaux.
3. Motion was made by Councilperson Longley to accept and approve
the minutes of the Joint Public Hearing and Regular Meeting
of the La Porte City Council held June 3, 1981. Seconded by
Counci person Kibodeaux. The motion carried, 9 ayes and 0
nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren, Mayor Meza
Nays: None
4. Motion was made by Councilperson Simons to delay accepting a
bid for Service Center furniture until such time as the staff
is ready to make a recommendation. Seconded by Councilperson
Skelton. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren, Mayor Meza
Nays: None
5. Assistant City Attorney Hamilton read Ordinance No. 1265:
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE
OF AN AGREEMENT WITH THE STATE OF TEXAS, DEPARTMENTS OF HIGH-
WAYS AND PUBLIC TRANSPORTATION (DHPT) AND OF PUBLIC SAFETY
(DPS), FOR LOCAL USE OF STATE-OWNED EQUIPMENT IN A CERTIFIED
• BREATH TEST PROGRAM.
• •
• Minutes, Regular Meeting, June 17, 1981, Page 2
Motion was made by Councilperson Faris to approve and adopt
Ordinance No. 1265. Seconded by Councilperson Kibodeaux.
The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren, Mayor Meza
Nays: None
6. notion was made by Councilperson Kibodeaux to appropriate
$425.00 from the Water and Sewer Improvement Fund to enlarge
100 feet of water line being installed by Templo Bautista.
Seconded by Councilperson Gay. The motion carried, 9 ayes and
0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren, Mayor Meza
Nays: None
7. Mayor Meza presented the article of incorporation of the
La Porte Area Emergency Corps.
From the floor a citizen asked to address the Council. Mayor
Meza asked the Council if they wished to hear the citizen?
Council agreed to hear the citizen.
Mr. C. D. Boyle of 623 South Kansas, La Porte, Texas, came
forward:
Gentlemen, I was on the Council when the City took over the
ambulance service from the funeral home. Your proposed project,
be it non-profit or whatever, it has too many if, ands, and
maybe's in it. I don't believe you got a true price fix as I
got it. You've got too much depreciation and you are not a
profit making organization; you're not going to write off any-
thing. You don't pay taxes to Uncle Sam. Now, if I had the
facility, I could write it off, but you can't. Long term
write off is no good for you'all. You have an initial cost
around two hundred thousand and this is kind of light for some
of the figures I heard. I think you have a present ambulance
service in operation that I think is a good service. I think
there has been a lot of mis-communications in the past.
I don't think the man - well, I have had some of the Council
ask me why he didn't bid on the service. Well, I don't think
the man thought you all would even look at his bid. This is
a shame. The man has given good ambulance service to this
City. I think he has been subsidizing the City a little bit.
I think we have to agree to that from the bids and the cost
of the City operating. Look at the City's price of $200,000.00
• and you will have to agree he has been subsidizing the City
in his operation. When somebody does something good and you
kick him in the tail, well I have heard two sides to this
situation.
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• Minutes, Regular Meeting, June 17, 1981, Page 3
I don't know how much you, as a policy making body,. has
looked into this matter. I don't know if anybody has gone
up and said, "Hey, Mr. Carpenter, what has been the problem?"
and try to find out and make an honest opinion. I don't
think this has been done. The staff says "so and so." I have
heard staff say, "Get out or we will fire you right now; you
are in violation of your contract."
Malone: Which staff are you talking about, Mr. Boyle?
Boyle: The City staff. I've heard staff didn't say it,
Council said it. I don't know. You all are a new bunch of
Council up here; some of you old members. I think it ought
to be looked into to see what the problem was. I can't see
inadequate service being rendered at the scene. You busi-
ness people, you've got people working for you. You know
everything can't go perfect all the time. It's just not
human nature; that's why they put erasers on pencils. I
have heard staff say we recommended the past increase; then
I have heard Council say it was not recommended by staff. I
just don't know. Lots of questions. Here is a man making
• $114,000.00, is that right Jim, presently per year?
Hudgens: His annual c~tract per year is $114,672.00.
Boyle: He asked for a 20~ increase. Was there any negotia-
tions for the increase or a lesser amount? I've heard no
comment either way. I think I read a letter where the Council
gave no consideration for an increase at all. If you sell
anything you know there has to be some consideration given to
increased cost. The new contract you put out for bids is
tough, really tough. I am surprised you got a bidy anywhere
in the $170's.
Longley: Mr. Boyle, it was my understanding that the present
service requested we terminate his contract.
Boyle: Well, I hear this, but I was told that they said quiet,
or we will fire you; resign, get out of the City. We don't
want your service any more. It's no good, or something like
that.
Westergren: Charlie Doug, when was this letter written to
the City about resigning?
Boyle: Right after this was told to him.
• Westergren: No, no, what month?
Boyle: Mr. Carpenter, do you know what month?
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• Minutes, Regular Meeting, June 17, 1981, Page 4
Carpenter: It was right after Mr. Hudgens came to my office.
Westergren: What month?
Boyle: I don't know; it was two or three days after the
executive session held by Council. Can you say, Jim?
Hudgens: No, I'm not sure.
Westergren: Was that like January, February?
Boyle: I don't know. I was down at the meeting, but it all
took place in the back. Two or three days later, it happened.
Skelton: Was it this year?
Carpenter: It was after Commissioner Simons started complaining
about me.
Westergren: My original statement was, when was the letter
written about resigning, what month?
Boyle: I think it was January.
Westergren: This is the sixth month?
Boyle: July 31st is the time, I think.
Westergren: So we've had six months to discuss this and lodge
these complaints and we find now to be the time to do it?
Boyle: Well, I think you, as commissioners, you ought to do
what is best for the citizens. I would like to get it cheaper
than $200,000.00.
Westergren: I understand that, but I am saying that for six
months we have been confronted with this problem.
Boyle: Yeah! I don't think you have been on the Council for
six months, have you?
Westergren: No, but the Council has been in action for six
months.
Boyle: Well, I think some investigation as to what happened
well, let me ask you this, haven't we been getting good service
out of the present ambulance service? Is it lousy or is it
good? You know, rate it one to ten. I ask you. I've talked
to lots of people. They are happy with the ambulance service.
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• Minutes, Regular Meeting, June 17, 1981, Page 5
They just don't know. why the City would not even talk to the
man about 20~, 15~, or even 10°s increase to keep on operating.
I think it was brought out that you want a long term settle-
ment. Well, you are not going to ever get a long term settle-
ment. It's just not going to happen. I look to a better serv-
ice to the people when they need it. You've got it now.
I can't see the City operation improving the service .one bit.
I think they ask for one paramedic out with the first ambulance
in the new contract. As far as I am concerned, the procedure
has gone down since I was last in office. I helped write the
contract with Mr. Askins and Chief Freeman. We wanted the
best service for the people of La Porte. The best we can
afford.
Longley: Mr. Boyle, it may be that I am lacking some informa-
tion. The information I have is three points. One, Mr. Car-
penter has asked that his contract be terminated.
Boyle: Let me answer. He was told to quit or be fired,
basically.
Meza: Let's stick to answer the questions. We don't want to
• degrade anyone's character.
Boyle: I'm answering the Councilman's questions. I think he
has the right to ask anything he likes, Mayor.
Longley: The second point I would like to make is, we didn't
receive a bid from Mr. Carpenter during the bid process.
Boyle: Well, if I told you to resign or we would kick you out
of business right now, I don't think you would feel you were
invited to bid the contract.
Longley: I have no knowledge of-that.
Boyle: Well, this is what I am asking of you before you set
up this Mickey Mouse operation and somebody has to die for you
to see. Someone said, "Well, if it don't work, can we go out
for bids?" Well, it will cost you money, or even worse, a
citizen's life. I might have need of that ambulance someday
and I want someone to pick me up that knows what he is doing.
I want the best the City can afford.
Longley: I feel the same way.
Boyle: There is some other things going on. I think there is
some employees who got a 30 or 40~ increase this year. To not
• even consider any increase for the ambulance, there is .something
rotten someplace. And I would like to voice my objection to
the sort of operation you all are talking about. Saying, well,
. Minutes, Regular Meeting, June 17, 1981, Page 6
if we get in hot water we can get out; it won't cost us
anything. It's going to cost you some money. I think you
ought to get out and talk to the present operator, try to
come up with an agreement and save the people some money and
pay the man for a decent wage for what he does. When you're
dying out there, you call the ambulance; he is on the hot
spot out there. My job don't put anybody on the hot spot.
When he tends to business it's a life or death situation. I
think the citizens of La Porte thinks what you all are getting
ready to do is wrong. I have talked to many of them. It has
not worked in the past; it will not work in the future. It
will cost you lots of money. Go this other way; rare back
and spend some money for a good ambulance service. I think
when I ask for a paramedic, I was told they voluntarily put
one on there. A paramedic is going to cost you money. When
you go out to buy a set of tires they don't throw in the fifth
one for nothing. You get what you pay for. I can't find any-
one objecting to the overall total service they have been
given by the present ambulance company. I think he has been
subsidizing the City. I think you have a good service, and
I think you ought to talk to him. I think you should find
out for yourself and make an intelligent decision for your-
. selves. Thank you.
Meza: Thank you, Mr. Boyle. I have another person wishing
to be heard. Would you step to the mike, please?
My name is Kevin Graves. I live at 620 South Virginia in
La Porte. I came to make two statements concerning the ambu-
lance service. First there should be some consideration given
as to why there were no more bids than there were, when before
the bids went out there were several more services interested
and attending Council meeting. There must be something in
the contract they can't live with.
Second, I would like to say that since the City has done some
investigation and knows what it is going to cost to run an
ambulance service, and it's more than the present service is
receiving. Why not consider talking to the present service
and offering him more money? If he can up-grade his service
to give a better class of service; he has given us good service.
I've been a volunteer fireman and a reserve policeman; I've
been on the scene when he has worked on people. I've been
down in the water and he has been down in the water too, to
pull people out of cars. He has given a good service from
what I've seen. I believe it is a necessary and needed in-
crease that he can supply a better ambulance service. That's
• all I've got to say. Thank you very much.
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. Minutes, Regular Meeting, June 17, 1981, Page 7
Meza: Thank you, Mr. Graves. I have another person wishing
to speak.
I am Lou Lawler. My husband, son, and I own and operate "Oak
Park." I'm sure all of you are familiar with it. We have
seen Jerry Carpenter operate the last few years. He has
saved not only the new born but the oldest. I have seen him
operate; he is just as diligent with the new born as he is
with the oldie. He tries hard. I know just recently, he and
his assistant helped save a life; a drowning person. He has
done well. I was here when bids were opened to the tune of,
I think the low bid was something like $171,000.00, and I am
well aware that La Porte Ambulance Service has been paid
$114,000.00. That has been brought out. Common sense will
tell you there is a great difference there. I think if we
stop and think, maybe there is a personality clash or maybe
we have not had a meeting of the minds. I think he needs a
chance before we go further. He is a dedicated gentleman.
He is a home-town boy, more or less. We'll let Deer Park
claim a little of him. I personally would like to see Jerry
given another chance. Thank you.
• Meza: Thank you. Council has heard all this. Would anyone
else like to speak before I get back on the agenda?
Simons: Would Mr. Carpenter like to speak to the Council?
Carpenter: Your honor, I did not
Council. I appreciate my friends
that have been said in my behalf.
in the business for 25 years, bot
make a living. I am 41 years old
go out and find a job, that's the
come prepared to talk to the
and all those nice things
First of all, I have been
z as a volunteer and then to
and I am going to have to
main thing.
Number two, I have had a hassle with the City ever since I
have been in the business. Not the new Council, because this
is new for you; but in the past, every time I needed a raise
it was always a hassle to try to get one. Someone has been
talking for me in the paper. The paper has not talked to me
at all. T talked to them one time last week to try to correct
some items. People have called me and thought my contract was
up in July, but my contract with the City is for five years,
and it won't be up until October of 1982. That's a legal,
binding contract. The only thing I can say is that I'm here
as a tax payer of the City of La Porte, and I would remind you
I am a tax payer. I didn't get really involved in this matter
until I found out what it cost to operate an ambulance service,
plus I found out what it cost to operate a non-profit ambulance
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• Minutes, Regular Meeting, June 17, 1981, Page 8
service. I wish I could have set up La Porte Ambulance, Inc.,
as a non-profit, then I would be like Bill Luxbourgh with the
Salvation Army, making a tremendous salary. We have had no
donations. We get no tax break from the City or the School
district. We pay our taxes like any other business. That's
all I've got to say. I'm concerned.
Gay: Mr. Mayor, would it be improper to ask that this item
be tabled for further consideration?
Meza: If you make the motion.
Gay: I make the motion that the articles of incorporation
be tabled for further consideration of Mr. Carpenter's contract.
Kibodeaux: I second that.
Faris: I would make a motion to amend that motion. The
amendment would be that the tabling be only until the matter
can be discussed in executive session tonight.
Meza: Let's vote on the amendment first. Is there a second
• to the amendment?
Malone: I second the amendment.
Meza: I have a motion and a second to amend the motion to state
it will be tabled only until it can be discussed in executive
session tonight. All in favor?
Longley: Aye.
Kibodeaux: Aye.
Simons: Aye.
Gay: Aye.
Skelton: Aye.
Meza: Let me count. Five ayes, the motion to amend the motion
carries. All right, now we have the original motion to consider.
All in favor of the amended motion, please raise your hand.
I have 4 ayes, 3 nays, and 1 abstain.
Ayes: Councilpersons Malone, Longley, Kibodeaux, Gay
Nays: Councilpersons Faris, Simons, Westergren
Abstain: Councilperson Skelton
• Councilperson Malone made the motion to adjourn into executive
session at this time to discuss a contractural matter. Seconded
by Councilperson Faris. Council adjourned into executive session
at 7:35 P.M.
• Minutes, Regular Meeting, June 17, 1981, Page 9
Council returned to the Council table at 8:23 P.M. Mayor
Meza called the meeting to order.
Assistant City Attorney Hamilton read the Articles of Incorp-
oration of the La Porte Area Emergency Corps.
A motion was made by Councilperson Faris to approve and adopt
the Articles of Incorporation as read by the Assistant City
Attorney. Seconded by Councilperson Malone.
Boyle: I think there is another incorporation by that name
on the books, and I think you may be setting up the corpora-
tion without proper permission.
Hamilton: If that is the case, we will be notified by the
Secretary of State that we can't use that name. If it is a
corporation that is over a year old and did not pay its
franchise taxes, it has fallen into disrepute, then we could
use the name.
Faris: Mr. Mayor, I would like to comment that it really has
no bearing on the ability to set up the corporation.
• Meza: We have a motion and a second. All those in favor?
We have 7 ayes and 1 nay.
Ayes: Councilpersons Malone, Longley, Faris, Simons, Gay,
Skelton, Westergren
Nays: Kibodeaux
8. Council considered appropriating funds from the Lomax Street
Bond Contingency to relocate water lines. Motion was made
by Councilperson Faris to allocate an additional 859.64 to
complete the relocation of water lines on North P Street and
add $4,341.60 for the relocation of water lines on North H
Street. This amount to be taken from the Lomax Street Bond
Contingency. Seconded by Councilperson Westergren. The mo-
tion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren and Mayor Meza
Nays: None
9. Council considered a salary increase for the City Manager.
Motion was made by Councilperson Faris to increase the salar
of the City Manager 5,000.00 per year effective June 1, 1981.
Seconded by Councilperson Longley. The motion carried, 5 ayes
and 3 nays.
Ayes: Councilpersons Malone, Longley, Faris, Gay, Westergren
• Nays: Councilpersons Kibodeaux, Simons, Skelton
10. Council considered abandoning a six-foot utility easement
in the Bayview Block of the Bayshore Subdivision for the
• Minutes, Regular Meeting, June 17, 1981, Page 10
Happy Harbor DZethodist Home, Incorporated. Motion was made
by Councilperson Kibodeaux to abandon the six-foot utili~
easement in~Bayview Block, with the understanding t at should
an easement be necessary to serve the project wit water or
sewer an adequate easement will e e icate Secon ed y
Councilperson Simons. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren and Mayor Meza
Nays: None
11. Administrative Reports:
City Manager Hudgens reported the contractor on the 4th Street
water tower is through at that location. He will move to the
Fairmont water tower location Monday, June 22. If there are
noticeable fluctuation in water pressure, it is due to the
tower being out of service.
City Manager Hudgens presented Change Order #3 for the Lomax
Street Bond Project. This change order is to place stabiliza-
tion of back fill over driveway culverts.
• Motion was made to
repair on North "P
by Councilperson K
0 nays.
drivewa
pprove $6,260.00
Street by Counci
odeaux. The mot
for additional
person Malone.
on carried, 9
Seconded
ayes and
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren and Mayor Meza
Nays: None
Mr. Clifford J. Tomplait, of 11657 North "H" Street, approached
the Council:
Mr. Mayor and members of the City Council, I just wanted to
let you know, I got problems. When you see me, I got problems;
you don't see me until I got a problem. These culverts you'all
are putting in my ditches - I can't sleep in my house because
of the culverts. Tell me, how many cities in this county
take out concrete reinforced culverts and put in tin culverts
covered with tar? Our sewer system is set up in the ditches.
We've had a lot of rain; the water has backed up in the sewer
system. You can't walk into my house because you can't stand
it right at the present time. I don't know what to do. That's
why I am here for an answer. I don't know if other people
have run into this problem. I guess it's because we have had
a lot of rain, then i,t was hot today. It has melted the tar
and the smell has come into the house. Now I had a policeman
• out there this evening; I just wanted to get his opinion.
More opinion you get, the better off you are.
• Minutes, Regular Meeting, June 17, 1981, Page 11
Malone: Is this the tar on the culverts?
Tomplait: Yes, sir, it's the tar on the culverts. See,
they're taking the cement culverts out and putting in the
tar culverts. Does any city take out concrete and put in
tar? Does any part of La Porte have those tar culverts?
I want. to know. You see, when that sun hits that tar, it
heats it cause water stays in the ditches. I'm not com-
plaining; I just can't sleep at night because of this. I've
got a bunch of fans and stuff. You'all can do what you want
to. I'm not a complainer; I try to keep my mouth shut.
Meza: Jim, will you and the engineer go out there tomorrow
and see what you can do to help this matter?
Skelton: Is this a metal culvert with pitch on it?
Tomplait: Yes, it is a metal culvert covered with hot tar.
Hudgens: It is a galvanized corrugated metal pipe that is
paved and coated with pitch. It has a life of 20 years.
• Tomplait: It's probably good stuff. I'm not kicking it.
I'm just saying what's happening is this smell is coming
into the sewer and now it's coming into the houses.
Hudgens: I have never known of an odor from this material,
but I will have it checked.
Meza: Jim will have the Public Works Director and the Engineer
come out to check on this problem.
Tomplait: Thank you, sir.
12. Council Action:
Malone: Councilperson Malone asked for an update on the Lomax
Street Bond Project at the next workshop. He also asked that
an investigation be made into the adequacy of the culverts
under the Southern Pacific tracks at the east end of North L
Street. He found a stoppage at Oak Park in that drainage ditch.
Public Works Director Hodge stated he had. had a meeting with
Harris County Flood Control and they have promised to get to
work on some of these problems as soon as they get their equip
ment back in service. Hodge offered to assist in the worst
areas.
• Councilperson Kibodeaux stated he had received several calls
concerning mosquitoes.
• •
• Minutes, Regular Meeting, June 17, 1981, Page 12
Councilperson Simons asked the Mayor to read Resolution No.
81-14, recognizing Nelson F. (Pete) Gilliam for his contri-
butions to the City of La Porte and dedicating a small park
at North Holmes and Madison to henceforth be known as the
Nelson F. (Pete) Gilliam Memorial Park.
Motion was made by Councilperson Simons to approve and adopt
Resolution No. 81-1 Seconded by Counci person Ki o eaux.
The motion carried, 9~ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren and Mayor Meza
Nays: None
Councilperson Gay asked that domething be done for the half-
street (North 11th) alongside La Porte Terrace. The street
is in bad disrepair. Gay asked further for Public Works to
take a look at the drainage in La Porte Terrace.
Councilperson Skelton reported a lake in District 5 from
Lobit to Carroll. He stated some work has been done in the
area but he was looking forward to more. Skelton reported he
had attended his first Houston-Galveston Area Council meeting
•. and found it to be very interesting. Home Rule cities under
25,000 had elected Mayor John Knox as their representative
and Councilperson Sandra Picket of. Liberty as alternate.
Mayor Meza introduced Resolution No. 81-15, a resolution
authorizing the City Manager to work with Harris County Housing
Authority through the Harris County Community Development
Agency.
Motion was made by Councilperson Kibodeaux to approve and
adopt Resolution No. 81-15. Seconded by Councilperson Skelton.
The motion Carrie ayes and 0 nays.
Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux,
Simons, Gay, Skelton, Westergren and Mayor Meza
Nays: None
There being no further business to be brought before the Council,
the meeting was duly adjourned at 9:07 P.M.
Respectfully bmitted:
Betty . Waters
City ecretary
Passed & Approved this
the 1st day of July, 1981
•.
~~-, .--
J. J. Meza, Mayor'
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE
OF AN AGREEMENT WITH THE STATE OF TEXAS, DEPARTMENTS OF HIGHWAYS
AND PUBLIC TRANSPORTATION (DHPT) AND OF PUBLIC SAFETY (DPS),
FOR LOCAL USE OF~iSTATE-OWNED EQUIPMENT IN A CERTIFIED BREATH
TEST PROGRAM.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. 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, an agreement in form
attached hereto as Exhibit "A", incorporated by reference
herein, and made a part hereof for all purposes, between the
State of Texas, acting through its Departments of Highways
and Public Transportation (DHPT) and of Public Safety (DPS),
providing for local use by the City of La Porte of state-owned
equipment in a certified breath test program.
Section 2. 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 3. This Ordinance shall be in effect immediately
. upon its passage and approval.
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Ordinance No. , page 2.
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PASSED AND APPROVED this the day of .June, 1981.
CITY OF LA PORTE
By
J. J. Meza, Mayor
ATTEST:
City Secretary
APPROVED:
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City Attorney
•
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Ordinance No.
Page 2.
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PASSED AND APPROVED this the
----- day of June, 1981.
CITY pF LA PORTE .,
By
`7• J• Meza, Mayor
ATTEST:
lty Secretary
APPROVED:
/. f~ ti'
cl t/~~ ~ ~~ ~e~y
Y Attorney
•
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ac~zL:IENT
T'.i~ STaTc. OF TdY.AS
COUNTY OF TILIVIS
I. This AC:2Ii~'t~aT between the State of Texas, actinr, throug'.i its
Departments of :iir~hways and Public Transportation (DllPT) and of
Public Safety (DPS), and the City of La Porte, hereinafter cited
as the Local Agency (La), acting through its- authorized
officers, witness~th:
II. The DEPT is charged with coordinating and cooperating with other
departments of the State and with political subdivisions of the
State in a statewide traffic safety program, including expen-
diture of traffic safety funds for property to be used in
program activities. The DPS is charged with the administration
of a statewide breath testing program involving all law enfor-
cement agencies in the state. The LA, as part of its respon-
sibility for protecting the safety and welfare of its citizens,
is responsible for enforcing laws and ordinances concerning
operation of a rotor vehicle by a driver whose faculties or abi-
lities are or ray be impaired by alcohol.
To scco:nplish these purposes, these three entities agree to
• cooperate in a prograa in which breath testing devices belonLing
to the State of Texas and maintained on the inventory of DiiPT
will be placed in the possession of the LA for its use in a
pro~raa coordinated by and conducted in accordance with the
rules and regulations of DPS, including the Texas Chemical
Breath Test neFulations (TCBTi:).
The La acknowledges that it has requested the benefits of this
progran as a part of its local highway safety program and in
furtherance of its govern;nental responsibilities, and therefore
consents to participate in this program and accepts possession
of these devices.
III. The parties further agree as follotrs:
A. The DIiPT agrees to furnish instruments and security cabinets
to the DPS for distribution to the La. It is specifically
agreed bet~+•een the parties that the Di3PT is to retain title
to the instruments and security cabinets and to retain them
on its inventory of accountable assets. DPS is not to Lie
held responsible or accountable for instruments or security
cabinets.
B. The LA agrees to:
• 1. Take possession from c~PS of the breath test instruments
and allied equipment listed on..Attachment a, under-
standing that these instruments and allied equipment are
and remain the property of the State of Texas and are
accountable on the inventory of DFiPT.
2. Deliver to 1)PS all existing breath test instruments
currently in its possession to be used as a trade-in on
the rurchase of the new instruments.
3. Control, protect, and preserve the newly received
instruments and allied equipment, exercising with regsrd
to such property such care as would be exercised by a
reasonably careful owner.
4. ilaintain the instruments in wood condition an~1 effective
working order, with the technical assistance of DPS as
set forth in C-3, below.
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5. 12eplace the instruments and equipment received in the
event of loss, theft, accident, or circumstances other
than nor*asl Near, so long as the equipment is necessary
for the operation of t`te local breath testing, program.
b. Cooperate with DPS in its meeting its responsibilities
for administration of the breath testing program by:
a. maintainin; and operating the instruments in accor-
dance with the TCTT~? and directives from the Office
of the Scientific Director of DPS;
i~
b. permitting llP3 to monitor local testing programs to
insure testing integrity and compliance with breath
testin; re;ulations; s
c. permitting DPS, throu;h certified Local technical
supervisors, to calibrate and perform technical
maintenance on, and to certify the instruments in
accordance with the TCST:.
7. Cooperate with Di]PT in its naiatainina accurate inven-
tory records concerning the instruments, particularly by
making the instruments available to Di~PT (acting through
certified technical supervisors) for inventory at rea-
sonable times and upon reasonable notice.
3. Send their certified operators to sc]iools certified by
the Office of t]ie Scientific Director of DPS for addi-
tional traininv on the new instruments. The funding of
the additional training will be the responsibility of
the LA.
~. The DPS, through the Office of the Scientific Director,
agrees to:
1. Deliver to the LA breath test instruments and allied
equipment listed on Attachnent A.
2. Deceive from the LA all existing breath test instruments
that the LA possesses and deliver the ol.~l instruments to
the new instrument manufacturer as a trade-in as part of
the purchase price of the new instruments.
3. Provi3e technical assistance and guidance as necessary
throus;h certified technical supervisors to the LA to
enable that L1 to naintain the irstru~nents in good con-
dition and effective working order. This assistance
shall include, as a minir~u.-~:
a. Providinb the LA with a copy of the T~3T?.
b. ;caking available to the LA instrument operators an3
technical supervisors the opportunity to receive
traininh in the operation and maintenance of the
instruments through schools that are certified by
DPS.
c. ]iavin,n, certified technical supervisors calibrate,
perform all technical maintenance on, and certify
the instruments in the LA in accordance with the
provisions stated in the TC~T.
4. ?-lonitor the LA testin ; prot;r~na to insure testing
integrity and coc~pliance with breath testing regula-
tions.
•
•
2 '
~- •
5. ~~cting on behalf of D:iPT, physically inventory at least
once annually tiie instruaents and equipment placed with
the La. The inventory Will verify the presence of the
user identification number of the instrument, the
instrument description, including manufacturer's serial
ntiraber, and the instrument location. A certification of
the nerfornance of this inventory will be submitted to
D:IPT, File D-1~T:;.
6. 2eaove and relocate any instrument not being used or
maintained so as to insure an effective breath testing
nro;ram. ~~
IV. This agreement pertains only to physical possession and main-
tenance of t}ie breath testin;; equipment s?iocm on Attach:~ent ~~
and not to the agreement betcaeen DPS and the LA under which that
LA participates in a certifizd chemical breath test program.
V. :do modification to any instrument shall be made without prior
Written annroval from the Office of the Scientific Director of
t!~e UPS; ~:odification of any instrument without nrior o~ritten
approval shall be grounds for removal of such instrument pro-
viled under this a~reenent.
VI. This a~reer±ent shall terminate upon the end of the useful life
of the equip~aent (including replacement equipment provided pur-
. suant to Article III-?3-5) or upon termination of the local
breath test prograa, ?rhichever occurs first.
•
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• •
THE CITY OF LaPORTE THE STATE OF TEXAS
Certified as being executed
APPROVED: to carry out the orders,
policies, or approved and
authorized work programs of
the DPS:
4
Mayor
Director,
Department of Public Safety ,
Date:
ATTEST:
Secretary
APPROVED AS TO FORM:
Title: ~~ G ~
4
Date:
Certified as being executed
for the purpose and effect of
activating and/or carrying
out the orders, established
policies, or work programs
heretofore approved and
authorized by the State
Highway and Public
Transportation Commission:
Assistant Engineer-Director SDHPT
Executed and approved for the
SDHPT under authority of
Minute Order 77446
Date:
RECOMMENDED FOR EXECUTION:
Chief Engineer
Safety ~ Maintenance
Operations Division
Director, Finance Division
•~
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•
MEMORANDUM
June 3, 1981
T0: J. R. Hudgens -
FROM: John Joerns
SUBJECT: Utility Extension, Templo Bautista Church
The Engineering Department earlier reviewed preliminary
plans for utility extensions to serve the Templo Bautista
Church. The proposed 2" water main was changed to a 6-inch
water main to provide fire protection to the facility. The
Church's consultant then revised the plans to include a 6-
inch water line for a certain distance to provide the re-
quired fire protection then reducing the size to a 2-inch
to serve the building.
This revised sizing, although it meets the letter of
the law, is not in the best interest of the City as far as
future extensions to serve adjacent property. Therefore, it
• is my recommendation that the City fund the additional material
costs to extend a 6-inch main to the building site. This
extra material cost would be approximately 100 LF (3.25 - .75)
_ $250.00. The total extra cost for G-inch materials and in-
stallation would be approximately 100 LF (6.75 - 2.50) _
$425.00.
JJ/cb
John Joerns
Engineering rtment
(i _ r~
•
ARTICLES OF INCORPORATION
OF
LA PORTE ARER EMERGENCY CORPS
We, the undersigned natural persons of the age of eighteen years
or more, at least two of whom are citizens of the State of Texas,
acting as incorporators of a corporation under the Texas Non-Profit
Corporation Act, do hereby adopt the following Articles of Incor-
poration for such corporation:
ARTICLE ONE _
The name of the corporation is "LA PORTE AREA EMERGENCY CORPS."
ARTICLE TWO
The corporation is a non-profit corporation.
ARTICLE THREE
The period of its duration is perpetual.
ARTICLE FOUR
(1) The purpose or purposes for which the corporation is or-
ganized are: Subject to the restrictions and limitations hereinafter
set forth, to engage in all activities necessary, useful, or expedient,
through operative measures, to promote and further the health, safety,
and welfare of the residents of the La Porte area, by establishing,
operating and maintaining an emergency ambulance service.
(2) No part of the net earnings of the corporation shall inure
to the benefit of, or be distributable to its directors, officers,
• or other private persons except that the corporation shall be author-
ized and empowered to pay reasonable compensation for services ren-
dered and to make payments and distributions in furtherance of the
purposes set forth herein. No substantial part of the activities
of the corporation shall be the carrying on of propaganda, or attempting
to influence legislation, and the corporation shall not participate
in, or intervene in (including the publishing or distribution of
statements) any political campaign on behalf of any candidate for pub-
lic office. Notwithstanding any other provision of these articles, the
~ ~
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corporation shall not carry on any other activities not permitted to be
carried on (a) by a corporation exempt from Federal income tax under
section 501(c)(3) of th~ Internal Revenue Code of 1954 (or the corre-
sponding provision of any future United States Internal Revenue Law) or
(b) by a corporation, contributions to which are deductible .under
section 170(c)(2) of the Internal Revenue code of 1954 (or corre-
sponding provision of any future United States Internal Revenue Law).
(3) Upon the dissolution of the corporation, the Board of Direc-
tors shall, after paying or making provision for the payment of all
the liabilities of the corporation, dispose of all the assets of the
corporation exclusivel for the •
Y purposes of the corporation in such
manner, or to such organization or organizations organized and oper-
ated exclusively for charitable educational, religious, or scientific
purposes as shall at the time qualify as an exempt organization or
organizations under section 501(c)(3) of the Internal Revenue Code
of 1954 (or corresponding provision of any future United States
Internal Revenue Law), as the Board of Directors shall determine.
Any such assets not so disposed of shall be disposed of by the State
District Court of the _county in which the principal office of the
corporation is then located, exclusively for such purposes or to such
organization or organizations, as said Court shall determine, which
are organized and operated exclusively for such purposes.
ARTICLE FIVE
~-
The Corporation shall have no members.
ARTICLE SIX
The street address of the initial registered office of the cor-
poration is 604 West Fairmont Parkway, La Porte, Harris County, Texas
77571 and the name of its initial registered agent at such address
is J. J. Meza.
~_ _
•
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ARTICLE SEVEN
The number of directors constituting the initial board of direc-
tors of the corporation is three, and the names and addresses of the
persons who are to serve as the initial directors are:
•
ARTICLE EIGHT
The name and street address of each incorporator is:
IN WITNESS WHEREOF, we have hereunto set our hands, this the
day of June, 1981.
-4-
THE STATE OF TEXAS §
§
COUNTY OF HARRIS § ~,
I, , a Notary Public, do hereby
certify that on this day of June, 1981, personally appeared
before me , and
_ , who each being by me first duly sworn,
severally declared that they are the persons who signed the foregoing
document as incorporators, and that the statements therein contained
are true. •
IN WITNESS WHEREOF, I have hereunto set my hand and seal the
day and year above written.
Notary Public in and for
Harris County, Texas
•
•
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
T0: Jim Hudgens, Ci anager ~ DATE: June 11, 1981
i
FROM: Jerry Hodge, D'r for blic Works
SUBJECT: Cost of Water e R 1 cation, "H" Street, Lomax Area
I am requesting FOUR THOUSAND THREE HUNDRED FORTY-ONE DOLLARS ($4,341.00) for
the relocation of an estimated 900 linear feet of six (6) inch water main on
"H" Street in the Lomax area. The estimated cost is $4.02 per linear foot
or a total estimated cost of $3,618.00 for the project. I would suggest we
add twenty percent (20%) for unforseen items.
Relocation of 900 linear feet 6 inch water main $ 3,618.00
Add 20% contingency 723.60
•
TOTAL ESTIMATED PROJECT COST $ 4,341.60
Street Improvement Bond Fund Contingency is $17,000.00.
This item should be placed on the regular council agenda for action on June 17.
As soon as the funds are approved by the council, we will order materials and
start the project. Estimated completion date is July 3.
If you should have any further questions, please advise.
JH/lw
cc: John Joerns, City Engineer
Rick Wagner, Water/Wastewater Superintendent
i •
• CITY OF I.A PORTE
INTER-OFFICE MEMORANDUM
1
T0: Ji Bens, i y Ma ger DATE: June 10, 1981
FROM: er Hod i for of Public Works
SUBJECT: M i g f ater Main on "P" Street
The origi al estimated cost of the moving of the water main on "P" Street was
$10,000. This amount was exceeded by $859.64. I am requesting that the City
Council take appropriate action to approve the additional amount of $859.64.
For your information I have outlined the total costs below:
TOTAL MATERIAL $ 10,859.64
TOTAL EQUIPMENT 1,800.00
• TOTAL LABOR - 2,475.88
TOTAL COST $ 15,135.52
The total cost per linear foot is $5.61 and the cost per linear foot for the
materials only is $4.02:
The total material cost of $10,859.64 is the only cost that is to be billed to
the Street Improvement Bond Fund.
If you should find you need additional information, please advise.
JH/lw
cc: Rick Wagner, Water/Wastewater Superintendent
•
• •
•
MEMORANDUM
June 15, 1981
T0: MAYOR AND CITY COUNCIL
FROM: CITY SECRETARY
SUBJECT: 6' utility easement--Bayview Block
On thursday, June 11, 1981, I received a telephone
call from Mr. Carter at Happy Harbor concerning a 6 foot
utility easement in the center of the lots in Bayview
Block, Bayshore Subdivision. The utility easement was
placed in that location to service the houses on that
block by the developer. The houses have long since been
moved and the water and sewer line no longer serve any
purpose.
Happy Harbor Methodist Home Inc. has a scheduled
closing with HUD on the apartment project the 30th of this
month and this item is a hold up.
I talked to Knox prior to his leaving town and he
stated this would not require an ordinance but the minutes
should reflect the Councils agreement that the utility ease-
ment no longer serves a need for the City.
Happy Harbor Methodist home would appreciate your consider-
ation of this matter at the June 17th meeting.
Betty T. Waters
n
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•
ORDINANCE NO. 1266
AN ORDINANCE VACATING, ABANDONING AND CLOSING ALL OF THE THREE
FOOT (3') UTILITY EASEMENT IN BAY VIEW BLOCK, BAY SHORE PARK
SUBDIVISION, LA PORTE, HARRIS COUNTY, TEXAS; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF L1~ PORTE:
Section 1. The three foot (3') utility easement retained
in the Deeds from the original developer, conveying the twenty-
two (22) lots comprising Bay View Block, Bay Shore Park Subdi-
vision, La Porte, Harris County, Texas, and being recorded,
among others, in Volume 2015, Page 181; Volume 1387, Page 601;
• Volume 1408, Page 409; Volume 3243, Page 800; and Volume 2015,
Page 183, of the Deed Records of Harris County, Texas, is
hereby permanently vacated, abandoned, and closed by the City
of La Porte.
Section 2. 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 3. This Ordinance shall take effect and be in
force from and after its passage and approval.
~ ~
n
Ordinance No. ~~~~ , Page 2.
PASSED AND APPROVED this the 17th day of June'
1981.
CITY OF LA PORTE
J. J. Meza, Ma r
•
ATTEST:
~ .,
•~City Sec et ry
APPROVED:
L/v • '
City Attorney
•
•
•
RESOLUTION NO. ~-/
WHEREAS, Nelson J. (Pete) Gilliam enjoyed life to its
fullest; and
WHEREAS, Pete Gilliam found joy and satisfaction caring
for the park at the corner of North Holmes and Madison; and
WHEREAS, there is the need to remember one who so un-
selfishly gave of himself to others and to the City of La Porte,
Texas;
_ NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of La Porte, Texas, that from this day forward the
City Park at North Holmes and Madison shall henceforth be
• known as the "Nelson J. (Pete) Gilliam Memorial Park."
PASSED AND APPROVED this the 17th day of June, 1981.
J. J. Meza, Mayor
ATTEST:
City Secretary
•
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CIt'f'IS ,l.- ,}
~D`.u
Count W
Commun~t ~~~~oP~
y
~eve~o ment
P
~genc
y
June 11, 1981
C~
•
The Honorable J.J. Meza
Mayor of City of La Porte
124 South Second
P.O. Box 1115
La Porte, Texas 77571
Dear Mayor Meza:
COUNTYJUDGE
L.ESTER A. SIMON
DIRECTOR
Harris County is experiencing tremendous population
increases. This, coupled with economic growth, has im-
pacted residents all over the County. The economic picture
as a whole is one of prosperity. In spite of the overall
prosperity, some residents of Harris County still lack
basic amenities, such as water and sewer, parks, safe,
decent housing, and paved streets. Harris County has en-
deavored to meet the needs created by this population growth.
Since 1975, Harris County has administered a block
grant through the Harris County Community-Development Agency.
Harris County Community Development Agency has utilized funds
to provide parks, community centers, fire equipment, medical
transportation, as well as for the rehabilitation of substan-
dard housing in designated target areas. While these improve-
ments have done much to alleviate conditions and raise the
quality of life for residents, the needs are still great.
In 1982, Harris County Community Development Agency will
begin its eighth year of operation. More than ever, Mayors
such as yourself are essential in order for HCCDA to effec-
tively meet the human needs in Harris County. Our grant,
and the amount of our grant depends on our population count.
3100 TIMMONS LANE • SUITE 202
HOUSTON. TEXAS 77027.713/626-5651
•
Mayor
Page 2
June 11, 1981
If your city choses to join us, we can count your city's
population, thus increasing the amount of our grant. With
this increased funding, HCCDA can plan and implement more
projects and services to benefit low and moderate income
residents.
•
I look forward to meeting you at the Mayor's Council
on June 18th. At that time, I will be happy to explain
the goals of Harris County Community Development Agency,
as well as how you can help the Agency meet those goals.
In so doing, we will have the satisfaction of knowing that
not only are we improving the quality of life for low and
moderate income residents of the County, we are also im-
proving conditions in fiarris County as a whole.
Sincerely,
~l
~~L ster A. Simon
Executive Director
•
r
-F • •
•
RESOLUTION NO. ~~-/~
WHEREAS, the City of La Porte, Harris County, Texas,
desires to improve the living environment within its entire
jurisdiction; and,
WHEREAS, said Municipality acting herein by and through
its City Council, does hereby find that cooperation with the
Harris County Housing Authority would further the achieve-
ment of this end.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS,
THAT, the City Council finds and determines that there
is a need for the Harris County Housing Authority to exercise
its powers by and through the administration of its housing
programs within the Corporate Jurisdiction of the City of
La Porte; and
THAT, the City Manager is hereby authorized and directed
to work with Harris County Housing Authority to implement
• those programs that will facilitate the improvement of the
living environment within the City of La Porte.
PASSED AND APPROVED this 17th day of June, 1981.
J. J. Meza, Mayor
ATTEST:
City Secretary