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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. • C~ • 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? C ~ J • • 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. C ~ J • 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. ~ ! . 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 • • 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' ~- i 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. f 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. ~ a Ordinance No. , page 2. 1 PASSED AND APPROVED this the day of .June, 1981. CITY OF LA PORTE By J. J. Meza, Mayor ATTEST: City Secretary APPROVED: / ~ City Attorney • ( _ Ordinance No. Page 2. f 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 • .7 r ~i r 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. 1 r~ • 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. • s 3 ' • • 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 •~ ti v ...--' _~.:,. •.__...' ~. -_ .. - ~ ~.~ :. .-. .. -.. - .-. _ _..,. .. _.. _ w ens -f.a. 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C ~ C U t9 - `A 3 N fp/1 ~ N N C TL.7 NlON N N N o.~ _ " 1 N~ C.r U J ~ ~ O ~ Y N V _ ~ N VI N C L d ~ C >3~ cooEt N _v N ~ .. d U _N U N N C N N t ~.. > j ~ ~~i0 3 ~ N ~ 7 ~ 7 ~ .y- C N"' Q~ U X ~ O y N~ ~ ~~ T T7 "„V-_ O ~~ NN o~mvNi .C ~rN V.~.~.L~= O ~ N N C V ~~ N N .. N ~- N O. C l9 t0 _ U« 7 y y C~ C O) C ~ O ~o ~ 7 ,~ . .. o E ~ c~a~ aci _~ °' c C~ O a N C L C d ~ O N ~ cd N~gaE ~ ND ~.V O N E ~ ~_ ~ N ~~ N3N~N. ?' m u "' NL.. ~ j ~.% L_ N N N ~ N Q7 N °' ~ = N ~ N ~ ~ o N =o_ N~,N,E 3 ~ >E o't-„ _N N~ C 21 7 J U „N~ ~ U tp c ~ .- ,- r.EN_cy~po N O~~ J O V d ~~vmU,~,.. c ~~>c~oo~v N _m C L.. A N Y y N O ~ ONi E T C U C1 N N Q1-C N ~ N ~ 0..~ N N ip rp ~ N ~ «~. . m ~nf~DV rp M 1 b ~ L ~ N IQ O ~ O ~ ~ w ~ z ° ~ z . a W iJ 1-' -- K N O N " ~ "' Z ~ U_ U v o~ ~' U v Q ~ O? ~~ i~a N ~ IN Q W ( ~O Y Q m ? I ~ a au ' W I Z = y I~ 0 ~ fn O u W aZ .~ ILL ~ O F- ~ 'G H W Q O C7 ~ F~ O ~ aW ZQ C7 N (~ !n to W Qi Q 2 a U U O w N O 1- Q Z O N W a LL 0 Q F- Q Z ~_ N w J H N • . - - %~ ~ - ~ ~<-w!.`:e a .... `s-o a _ . ll • . -; .. - 7 m ~ N Z p W = A U Q b0 y -- _u "s ~n iv u 'D u ~_ 3 v v c ~ A '~ ? _ E ~: `o u ~ c ~ 'v ~+ ` C •- ~ _ ' u `w ~n to H ~ ~ c y O ~ C O O ~ C u -~ ~ u F' ~ cn `n ~ > e~ = T Q ~ o ~ ~ h N ¢ ~ ~ ~ Z A ci 1C+ V ~ a u E E" Q a J c ~ O0 c O u 3 p u ~O r~- u C.~ v (... ~ t H Z 0 F- a ~ _ Q 'p S.. ~~ E ~ .~ ~ N ~ N C O N T C V ~- .~ y- n M- .~ +,+ v c a a ~' ~ ., N w0 ~ Z U Q ~ ~ ~ w Z N Z O -_ a U N w +-~ U C1 .n O ~ a .~ E ~ ~ r Z i D Z O U Q Z Q Q h- ti ~ ~ ' • 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 ~ ~ -2- 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. ~_ _ • -3- 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 U ~'% t ~ ,~~ ~--- f~~ ~, - O' ~ ~ . O ~ "_ ~ } r o •o ~/ ~ ~ S' 4 t t ~'t. ~ ~ -- ppt 0/ = - ~~ OI o ~ ~I ~ St - ~~8 ~ ~ ~ . r ~ f ~ ' ;~ ----'- -- --- 9 L ~ 9 = ~' . ~ ~ . a ~ _. b z 0 0 o I __.-_ r~ 0 1-, ~/~7 . ,ti _- .~ . o 0 22 I ~ .: - _ ~~~ oo, os . ~~ , oo, ~ - - - -two -.~ `~ yo A D., 1929. (sEal). ~'4 ~~ ,1~ o'clock p.L. ~~, A~ i~ r~~ -,. .' D2put~. - ~T ' -- _ '. (;J f °~~ ~1 -~ £~N o~ L ~ ~ ~ ~f ~ ~ • 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 • t 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