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HomeMy WebLinkAbout1981-10-07 Regular Meeting~ ~ • MINUTE S OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL OCTOBER 7, 1981 1. The meeting was called to order by Mayor Meza at 7:00 P.M. Members of the Council present: Mayor J. J. Meza, Council- persons Norman L. Malone, John Longley, Gus Faris, I. J. Kibo- deaux, Tom Simons, Deotis Gay, Don Skelton, Linda Westergren Members of the Council absent: None Members of the City Staff present:. City Manager James R. Hudgens, City Attorney Knox As ins, City Secretary Betty T. Waters, Police Chief H. F. Freeman, Assistant Public Works Director Steve Gillett, Staff Engineer John Joerns, Chief Inspector David Paulissen, Parks Director Stan Sherwood, Fire Chief Joe Sease, Fire Marshal Paul Hickenbottom • Others present.: Frieda Beaty of the Baytown Sun; Betsy Webber of the Bayshore Sun; Dave Corbin of Busch, Hutchison Engineers, Inc.; and 108 interested citizens 2. The invocation was given by Councilperson Malone 3. Council considered the minutes of the Joint Public Hearing and Regular Meeting of the La Porte City Council held September 16, 1981. A motion was made by Councilperson Kibodeaux to approve and accept the minutes as presented of the September 16, 1981, Joint Public Hearing and Regular Meeting of the La Porte City Council. Seconded by Councilperson Skelton. The motion car- ried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux, Simons, Gay, Skelton, Westergren and Mayor Meza Nays: None 4. Council considered a change order #2 on the EPA Setp III, Contract III for the Lift Stations. Big M Constructors, Inc. is the contractor on this project. The nature of the change is the installation of two electrical poles, temporary con- nection of new pumps to old discharge line at Fairmont Park Lift Station, repair of Entex Metering Station cathodic pro- tection system, and extension of contract time from 60 working • days to 150 working days. This change order would result in a $3,344.80 increase in the contract, from $193,121.00 to $196,465.80. • • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 2 A motion was made by Councilperson Faris to approve Change Order #2 pending EPA and Texas Department of Water Resources approval. Seconded by Councilperson Simons. T e motion car- ried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux, Simons, Gay, Skelton, Westergren and Mayor Meza Nays: None 5. Council considered a change order #2 on the EPA Step III, Contract I for the Sewer Plant; Brown-Couch is the contractor. The nature of the change is placement of bank sand inside the center of the aeration basins at an increased cost to the contract of $2,699.00. This change order will increase the total contract from $3,001,200.00 to $3,003,899.00. A motion was made by Councilperson Kibodeaux to approve Change Order #2 - Brown-Couch pending EPA and Texas Department of Water Resources .approval. Seconded by Counci person Skelton. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux, Simons, Gay, Skelton, Westergren and Mayor Meza Nays: None 6. Council considered membership in the Channel Industries Mutual Aid Association, the conditions of membership were read and condition #8 impressed on the Council. Condition #8 states the member agrees to replace material and/or equipment used or damaged in the control of a fire or emergency situation within its facilities in cash at current prices or in kind, provided the equipment and/or material was furnished by member companies or by other Industrial Mutual Aid Organiza- tions in response to a properly placed request. A motion was made by Councilperson Simons to accept member- Ehip in the CIMA Association, fully understanding tie condi= tion of membership. Seconded by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux, Simons, Gay, Skelton, Westergren and Mayor Meza Nays: None 7. Council considered a request by John Sheffield to add one townhouse unit to his townhouse project, "Woods on the Bay." A motion was made by Councilperson Simons to approve the addi- tion of one townhouse unit, making a tota of 82 units in the development. Seconded by Councilperson Faris. T e motion Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 3 carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux, Simons, Gay, Skelton, Westergren and Mayor Meza Nays: None 8. City Attorney Askins read: AN ORDINANCE VACATING, ABANDONING 'AND CLOSING A PORTION OF NORTH 12TH STREET; AND PROVIDING AN EFFECTIVE DATE HEREOF. The City Secretary advised this is the portion of North 12th Street lying and being situated between Blocks 73 and 684 and between the north right-of-way line of Adams and the south right-of-way line of Tyler Street. The request is from Force Corporation and the appraisal fee and the appraised price for the street has been paid. A motion was made by Councilperson Kibodeaux to accept and approve Ordinance No. 128 as read by the City Attorney. Seconded by 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 City Attorney Askins read: AN ORDINANCE VACATING, ABANDONING AND CLOSING ALL OF THE ALLEY IN BLOCK SEVENTY-THREE (73), TN THE TOWN OF LA PORTS, HARRIS COUNTY, TEXAS. A motion was made by Councilperson Kibodeaux to pass and ap- rove Ordinance No. 1286 as read by the City Attorney, closing all of the alley in Block 73 for Force Corporation. Seconde by 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 9. City Attorney Askins read: AN ORDINANCE DECLARING THE INTEN- TION OF THE CITY OF LA PORTS TO ANNEX ALL OF THAT CERTAIN 11.9839 ACRES OF LAND OUT OF THE ENOCH BRINSON SURVEY, A-5 HARRIS COUNTY, TEXAS; CALLING A PUBLIC HEARING AT WHICH ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY TO BE HEARD; PROVIDING FOR THE PUBLICATION OF NOTICE OF SUCH HEARING BY THE PUBLICATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE HEREOF . A motion was made by Councilperson Malone to pass and approve • Ordinance No. 1287 as read by the City Attorney for t e annexa- tion of this 11.9839 acre tract with "Light Industrial-Public Warehouse" classification. Seconded by Councilperson Kibodeaux. The motion carried, 9 ayes and 0 nays. • C~ • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 4 Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux, Simons, Gay, Skelton, Westergren and Mayor Meza Nays: None 10. Council considered a resolution read by the City Attorney authorizing the City of La Porte to borrow the sum of forty- three thousand, seven hundred, sixty dollars and thirty-six cents, to be evidenced by a tax anticipation note, payable out of current taxes collected during the current fiscal year. A motion was made by Councilperson Faris to pass and approve Resolution No. 81-23 as read y the City Attorney. Question from the floor: Mayor, I would like to ask a ques- tion. I see that you are borrowing this money from the Bay- shore National Bank. Aren't you on the board. of directors of that bank, and isn't Mr. Askins on that board? Meza: Yes, sir. • Askins: Mr. Thomas, there is a state law that provides that an elected official of the City, School District or Water District may participate in the vote in a transaction such as this if they don't own more than 5 percent of the out- standing stock of the bank, which the Mayor does not own that amount of the stock and of course I am the legal advisor, I have no vote here at all. Thomas: I still think it is a conflict of interest. Mayor: You have heard the motion and comments. Do I have a second? Westergren: I second the motion. Mayor: Is there any further discussion? Simons: On this note, Mr. Mayor., can't we pay it off now? Since we have $200,000 in the Contingency Fund, why not? Meza: I'm sure we can if that's the wishes of the. Council. I think our financial advisor has advised us this note would put ~s in a better position. Am I correct, Jim, that we have been so advised by our financial advisor? Hudgens: Well, at 9 percent interest, that's pretty good • interest. The money is there if the Council wishes to pay for it. The intent was, when we did this thing last year, was to renew this thing every year and. to finance it through that period. • i • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 5 Simons: Well, I notice we have got 9 percent on maturity, 10 percent on unpaid interest and principal, and. 10 percent attorney fees. That's 29 percent. Hudgens: Those things have already been paid. A11 we have is the 9 percent. The l0 percent is on late. payments, which we don't have. Simons: How about the 10 percent attorney fees? Askins: That's only if the bank has to sue the City, which is not very likely. Skelton: For the money that we have in deposit in the City, or in the banks, rather, are. we drawing more than 9 percent interest? Hudgens: Our current investments run in the area of 13~ per- cent to 14 percent; some are even in excess of 15 percent. • Skelton: So we are actually earning 3 or 4 percent by going this route. Hudgens: Yes, sir. Meza: Any further discussion? Derring: I have a question. Is this the renewal of an existing note? Hudgens: It is the renewal of an existing note that was used to fund the initial cost of the La Porte Area Emergency Ambulance Corps. Derring: I am assuming the cash on hand is invested in higher yielding accounts. Hudgens: That is correct. It is invested in certificates of deposit. Mayor Meza called for a vote on the motion. The. motion carried, 8 ayes and 1 nays. Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux, Gay, Skelton, Westergren and Mayor Meza Nays: Councilperson Simons • • • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 6 11. Council considered an ordinance read by City Attorney Askins: AN ORDINANCE AMENDING ORDINANCE NO. 1000 DESIGNATING THE AREA WHERE BEER FOR CONSUMPTION ON PREMISES MAY BE SOLD. A motion was made by Councilperson Simons to approve and adopt Ordinance. No. 1000K as read by the City Attorney, authorizing beer for consumption at "The City Dump Restaurant" in the name of Gloria Ebarb. Secsonded by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux, Simons, Gay, Skelton, Westergren and Mayor Meza Nays: None 12. Mayor Meza recognized William Lewis Lehman, 11822 Old La Porte Road. Lehman: I am here for the committee for "The Concerned Citizens of La Porte" and to ask questions. T would like to start with Mr. Malone. Did you see the survey done by T.C.L.O.S.E, and --- yourself? Malone: Yes, sir, I did see it. It has been awhile since I have seen it and I didn't study it. Lehman: All right. Mr. Longley, did you see and study the survey yourself by T.C.L.O.S.E.? Longley: No, sir, I did not. Lehman: Mr. Faris, did you see and study the survey by T.C.L.O.S.E. yourself? Faris: No, sir, I did not. Lehman: Mr. Kibodeaux, did you see and study the survey done by T.C.L.O.S.E. yourself? Kibodeaux: No. Lehman: Mr. Mayor, did you see and study the survey yourself? Meza: Yes, sir. Lehman: Mr. Simons, did you see and study the survey by T.C.L.O.S.E. yourself? • Simons: Yes, sir. • • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 7 Lehman: Mr. Gay, did. you see and study the survey done by T.C.L.O.S.E. yourself? Gay: No, sir. Lehman: Mr. Skelton, did you see and study the survey done by T.C.L.O.S.E. yourself? Skelton: Negative. Lehman: O.K. Were you aware this study was made? Oh, I'm sorry, Mrs. Linda Westergren. Westergren: No, I did not study it. Lehman: Thank you. Were you aware this study was made during the period of January to June 1980? Were you advised the re- sults should be modified to account for any actual changes in the number and duration of changes which were to occur between July and December of 1980? Malone: Would you repeat that? Lehman: O.K. Were you advised that the results should be modified to account for actual changes in the number and dura- tion of changes which are to occur in the July to December, 1980, period? Does anybody want to explain why they only chose to adopt one part of the study? Simons: I would like to hear why. What modifications are you talking about, Mr. Lehman? Lehman: To restudy this deal like every six months, .sir. Malone: Are you talking about restudy the Civil Service Law, or this study the consulting group made? Lehman:. The one the consulting group made, sir. It said it was supposed to be modified every six months. Malone: Does it say that in the study? Lehman: Yes, sir. Malone: Can you tell me what page or whereabouts you have it written in your notes? Lehman: No, sir, I don't have that. LJ • • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 8 Gam: Mr. Lehman, I would like to say during the time of this study, January 1980, T wasn't part of this Council, and during the time limit which has expanded from the election date until I was sworn into office up until now, I haven't made a study on it. I would like to clarify this so there won't be any misunderstandings. Lehman: All right, sir. Malone: I don't see anything in here regarding the question you ask, about it being studied again at a later date or from time to time. Lehman: O.K. The first survey, to my knowledge, was from January to June of 1980, and then they was supposed to have another one July to December 1980. Malone: All right. From January to June 1980 was when the first study was done, and you say it was supposed to be done again. . Lehman: Yes, sir. It says the results should be modified to account for actual changes in the number and duration of activities which are to occur in the July to December period of 1980. Malone: I'm sorry, I'm either overlooking it or I just don't see it. Lehman: Anybody want to explain why they only chose to use one part of the study and not all of it? Since nobody can come up with an answer, we will move on to the next question. Why was Assistant Chief Robert Hall demoted if he had no effect on the workings - police department? Malone: Tf he had no effect, he must not have been doing his job. Lehman: The demotion of him, sir, had no effect on it. Malone: I think the intent was to set him up as an adminis- trative assistant. They called him a lieutenant but in here they called him an administrative assistant. Lehman: The man had 18 years service with the City. Don't you think it's a moral obligation to leave him as Assistant Chief of Police? l J • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 9 Malone: I think the main job we have is to run this City the best way we can and to place the employees where they will best serve the citizens of this city. That part was taken out of this study on the recommendation of other people and the Council did that. Simons: Mr. Malone, not the majority of the Council. Malone: Right. Would it save you a lot of time and trouble if I ask for something? Mr. Mayor, may I have the floor? Meza: Yes, sir. Malone: Mr. Mayor, I would like to make a motion to invali- date or rescind Ordinance No. 1285, the Ordinance implementing Police Civil Service and establishing classifications and authorizing the number of positions in each classification and establishing pay schedules. Kibodeaux: Second. Meza: Discussion. Askins: Mr. Mayor, an ordinance can only be amended or re- pealed by an ordinance. Any such action would have to be deferred to your next or future meeting, at which time it could be properly posted under the open meetings law, and then an ordinance repealing or whatever type of ordinance you instruct me to prepare. That motion in that form cannot be acted. on tonight because it takes a written ordinance to repeal an ordinance. Lehman: Sir, I think we have one here in your ordinance, section 5, if any sentence, phrase, clause or any parts of this Ordinance shall for any reason be held invalid, such invalidity shall not affect the remaining portion of the Ordinance, and it is hereby declared to be the intentions of this---- Askins: Sir, that's a severability clause and it has to do if there is a court ruling on a portion of the ordinance, and this saves the remainder of the ordinance, but I don't think that would help us tonight. Meza: Would the Council like for me to appoint a committee to give this some study so that the Council could best be • informed. and be able to formulate an ordinance to the desire of the Council, and as our Counselor said, come back at a future date with such an ordinance? ~J • Minutes, Regular Meeting, La Porte City Council October 7, 1981, page 10 Malone: Mr. Mayor, I would like to make another motion. Mena: Would you withdraw your first motion? Malone: If we can't do it I would have to withdraw it, if Mr. Kibodeaux will withdraw his second. Kibodeaux: I wish to withdraw my second. Malone: Then I would like to make a motion directing the City Attorney to draw an ordinance for the next Council meeting, October 21st, whereby all officers' status as of September 30, 1981, would be maintained and become permanent until~~such time as a vacancy should occur in the Department, at which time any officer qualifying under Civil Service would be tested for promotion. There would be five classifications with one assistant chief, two lieutenants, three detectives, six ser- geants, and sixteen patrolmen, and T have copied down the Police Department pay schedule which is in our ordinance and I would like to make some changes in that.. T don't think it is valid; it is an ordinance, and if you go by the law you go by this ordinance, and this ordinance is not legal because we are not actually going by it, but that's part of my question. My motion is directing the City Attorney to do what I ask here. Kibodeaux and Skelton: I second that motion. Malone: Wait. Before we vote, T must say I'm not doing this for popularity; I'm not doing it to get hand claps. I want this City to get back on its feet. T want us all to quit acting like kids and I want us to start acting like a City. I'm ashamed of this City. I have prayed over this for a week, and I have. thought about it all day and all night. Some of our people are very upset. I want a good Police Department and a good City, and I want our people to go out of here and not go to Pasadena and Shoreacres and say, "Hey, you all are doing just like we have been doing,." and I call for the ques- tion, Mr. Mayor. Simons: Amen, Mr. Malone. Kibodeaux: I second that. Meza: Is there any further discussion? • • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 11 Skelton: Mr. Mayor, I have a statement I would like to make, too. Number one, most of us worked about three weeks on the budget; some of us longer. We worked 2, 3, 4 days a week and it was posted when that was. We really tried to be fair to all the citizens of La Porte. We tried to be fair to the policemen, the other workers. We tried to bring them up on the same level and give them all something that was fair to them and still be fair to the people that pay the bill. We tried to do this and I don't think it was the intent of this Council to be unfair to any of you. If you feel that way, I hope you. don't take it against all of us, because I, for one, am wanting the best for our city. I join with Councilman Malone on getting this thing together and stop all this bic- kering and stuff. I've been out of town and I've heard more things one way or the other and it doesn't sound good to me. T would appreciate a unity between everyone in the City and working with the Council so we can do more for the City. Thank you. Meza: Any further discussion? Faris: Mr. Mayor,----- From the floor a lady (unidentified) asked a question: By whose authority was the man demoted? Who did it? Who is the person responsible for this? It wasn't the Council, was it? Malone: Mr. Mayor, the reason for bringing this up is to get this whole thing over with. I call again for the question. From the floow, the unidentified woman: May I have an answer to my question? Malone: Ma'am, if you had been to Council meetings before, you would know. We have a motion. on the floor and I would like to get it passed. If .you keep talking we may not get it passed.. Mr. Mayor, I call again for the question. Meza: There is a motion. on the floor and a second. A11 in favor: The vote was six (6) ayes and two (2) nays. Ayes: Councilpersons Malone, Longley, Kibodeaux, Simons, Gay, Skelton Nays: Councilpersons Faris and Westergren Faris: Mr. Mayor, T'd like to make a comment. The reason T voted no is that I'm not sure that Mr. Askins is going to be able to complete drafting an ordinance to replace that ordi- nance between now and. next Wednesday. Tt's going to take an • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 12 awful lot of work by several people on the Council to do actually several things, one of which is to make sure that if there is any change in the pay scale that it fits into the budget. And the other item we've got to check is that whatever we do is got to be in line with Civil Service today and remain in line with Civil Service two years or four years down the road. I'm not sure that can be accomplished within the next week. But the motion passed, Mr. Mayor, and T'm requesting that a workshop or more be held so that all the Council is involved in redrafting that ordinance. Westergren: Are you passing an ordinance to rescind the other ordinance, or are you passing a new ordinance? Askins: I think the motion is an amendatory ordinance, cre- ating a new ordinance within the framework of the old ordi- nance. Meza: It will be a totally new ordinance, rescinding the old ordinance. How long will it take you to do this, Knox? • Askins: I think I can have an ordinance out for you to look at this weekend. I wouldn't attempt to put any of the numbers in for salary. I will leave that blank for you all to fill in at your workshop meeting. That's budget work there. T think I can have the framework for yqu to be looking at. Meza: We can. have it for the next workshop? Kibodeaux: We will have the guidelines for next Wednesday night, Knox? Askins: Yes, sir. Faris: When can we all get together to put some numbers to- gether? We are not going to be able to accomplish that in workshop. Meza: Well, it's up to the Council when they would like to meet and find the time to do it. Gay: I recommend that the Council have a special called meeting to discuss this affair with the majority of the Council present. Mrs. Waters can set a date and inform us, if it is necessary to do this before our. workshop meeting. Meza: I think all the Council should be .involved, Mr. Gay. One of the problems existing in this split on the Council is • • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 13 that some of us didn't attend all of the workshops when we were studying the budget and reviewing the ordinances. It does cause some problems when someone comes up and says, I haven't been here long enough to understand the budget and I don't understand what's going on. Yes, I would like for the Council to be here and I don't mind calling a special meeting. Malone: Mr. Mayor, are we calling this because of the way it will affect the budget? Is that why we are mentioning the budget? Meza: That is what Mr. Faris's request was. Your request is being honored and I think the whole Council should be concerned about it. Malone: Well, I didn't think the budget was going to be affected by the salary scale we already had. We passed an ordinance with a salary scale and we were told no salary would be affected and all the police officers and everyone involved would get a 7 percent salary increase. Faris: But you said you wanted to change the salary scale. Malone: Well, I have a recommendation. I didn't want to read it because it would take too long. It isn't that much, anyway. You probably aren't talking about more than $10,000 and you have $200,000 in the Contingency Fund. We just bor- rowed more than that. Skelton: I think the thing Mr. Gay was talking about is having a special called meeting. Did we decide when we were going to have this? Gay: Not to discuss the ordinance Mr. Malone proposed. Meza: Well, we can discuss that at the next workshop. Gay: But he says we don't have time to go through all of that. I'm sorry, sir, I misunderstood. Meza: Mr. Lehman, do you have any further comments? Lehman: No, sir, but does this ordinance mean you are going to look at trying to get Mr. Hall reinstated? Meza: The ordinance Mr. Malone called for will be discussed by the entire Council at the next workshop when the attorney • Minutes, Regular. Meeting, La Porte City Council October 7, 1981, Page 14 has it ready to present to Council. Hopefully, the entire Council will be here. It will be worked on then, put on the agenda for the following meeting to be acted upon. Lehman: Thank you, sir. One more question,. sir. I thought the City workers were supposed to get a 12 percent raise a year instead of a 7 percent. Anybody know anything about that? Meza: The Council voted for a 7 percent cost of living increase. Lehman: Wasn't there 5 percent on something else? Meza: Merit raise - there is a 5 percent merit raise. Lehman: We11, wouldn't them added together be 12 percent? Westergren: You don't get 12 percent all at one time on merit or longevity. You get the 7 percent at the beginning of the • budget year and the other 5 percent when your year is up or when your merit raise occurs. Lehman: That's fine there, as long as we get .the 12 percent, that's the main thing. Westergren: Merit is one thing; longevity is something else. Skelton: In going over the benefits that the, uh--- Lehman: It's just split different, isn't it? Skelton: I went over the benefits the budget shows for the policemen last night and most of these were in the 15 percent to 16 percent, counting salary and benefits. Westergren: Did you understand what he said? Lehman: Not really. Skelton: I was checking the budget based on this year's versus last year's budget, checking for salary and benefits and most of them in the 800 category were 15 percent to 16 percent for all the benefits that you get. That includes insurance, for you and your spouse, vacation, all the bene- fits that you get .from the City of La Porte. I thought it • was very good. I'd like to see you have more, but well-- • • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 15 Lehman: I understand what you are saying. I think the City Council should have a week. or two to discuss it and you know, bring it among theirselves there, and see if they can't do something to reinstate it and get the morale back up for the police officers and also the City workers herein La Porte. I think you need to see if you can't bring in a few more policemen to see if you can't helf out here. Town's getting awful big to just have 4 policemens out there on the street at night. Thank you and good night. Simons: Mr. Skelton, to answer your question, I'm a little confused on that part, too, because I discover some of our policemen. only getting 12 cents an hour increase.. Twelve cents, not 12 percent, that comes to about 12 percent increase, not 7 percent. Skelton: I didn't go through every single policeman and that doesn't sound .right. It's supposed to be a 7 percent increase. I used the total force for each category in the 800 series. I am sure you are going to find some deviations from one side to the other, but we will try to work it out if there is any • problems, the best we can, but I personally think that, as an overall general thing, we did quite a good think with that 15 percent to 16 percent increase for the year. Meza: Thank you, Mr. Skelton. Lehman: Sounds good. In the next couple of weeks or so let us know what you are coming up with there. We'll work along with you. I can understand that a man can't just jump in there with the figuring and do any good. You know, there's no big hurry on it; just a couple of weeks or so there. Meza: Thank you, Mr. Lehman. Spradling: I wish to address Council., Mr. Mayor. Meza: Does the Council wish to hear Mr. Spradling? Simons: Yes. Spradling: This is a whole new subject. What I want to talk to you about tonight is, I want to lodge a complaint against the City Manager. I came down here yesterday to talk to the City Manager about some problems out in my neighborhood con- . cerning cable television that was being installed, and T came • at the request of a ~.itizen out there and I represent the • • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 16 Fairmont Park Homes Association, and I try to represent the people. Whenever they ask me to do something, I try to help them out. Well, anyway, the lady next door to me had her phone cable ripped down by the people who was installing the cable and I understood that some other people has had cables cut over in some of the other sections of Fairmont Park. How- ever, they weren't in our jurisdiction so I didn't get in- volved init. I talked to Jim Hudgens about it. I asked him, I said, "Well, Jim, don't you think we have some kind of responsibility to the citizens? If we give them a franchise and they are damaging property, which they have been, knocking peoples' phone out and power," and he said, "Well, no, no, we don't." He said, "If it's an isolated case we don't, but if there's a lot of it going on, well, yes, we could." He wanted to know if we should put an inspector.. out there and I said., "Well, yes, if that's what's necessary to save .peoples' telephone service we ought to do it, or make them stop ox make them do whatever is necessary to keep them from tearing up peoples' property." O.K., then we went on and we talked about some .other things. • I brought up an ordinance that had been drawn up back in the summer and has never been passed, and I asked him why and he said well, somebody down here decided they didn't need it. I questioned him and I questioned him pretty hard on lots of things. Now, I don't think .there is anything wrong with ques- tinning that City Manager. Some of you may disagree with me, but I think he needs to be questioned. T questioned him about some other work that had been done by contractors. where they had torn up the esplanades out there and. the entrances, and peoples' back yard's, and he said, "Well, we're not going to fix things like you do your yard, Jimmie. Whenever we have work done, there's going to be scars left." That's what he tells me all the time. There are certain things he is not going to do. O.K., T asked him about some street lights that I asked. him about July a year ago. They are at the entrance to the park out there. The park is used. by everybody in this City and people in other cities, not just Fairmont Park. He keeps reminding me there's other things that need to be done in the City and I am well aware of that, but there are things that needs to be done in that park out there that concerns everybody in the City. Anyway, after a while he jumped up and ordered me out of his office and said he didn't have to take that kind of stuff off of me. Well, I've been taking a lot of stuff off of Jim for about 3 years, and so have some of the other citizens in this town. Some of them tell me whenever they call down here and talk to • • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 17 Jim it's like talking to a brick wall. He's got his mind made up and I want to, I was here about a month ago and I talked to you people and I suggested some things to you. I am going to suggest some things again to you tonight. He works for y'~all and y'all work for us, and T think there is nothing wrong with y'all questioning him. He, the City Attorney, or any of the City employees, they are all working for the City Council. T don't think this has been done down here by everybody, anyway. I would suggest to y'all that y'all don't let Jim tell y'all how the City is to be run. Y'al1 tell him how the City is supposed to be run. And another little story about the cable television. When I got back home there was 5 light company trucks out there - 5, mind you, and a goodly number of light company employees, and I did what Jim suggested., I talked to some of those people. He told me on the street lights to call Houston Light and Power to find out why the street lights wasn't in. Well, I think that's his job. After over a year he ought to call and find out why they are not in instead of me. That's his job. But anyhow, there was 5 light company trucks out there, so I went and I talked to the supervisor, and T asked him why he was out there, and he said, "Well, the TV cable people ripped out the power lines here and we are restoring power." Well, after a while another telephone company truck came out and I said, "What are you doing out here?", and he said,"Well, I'm fixing. this lady's telephone over here." Now this is the one on the north side of me, the one the day before had been on the south side, and Jim told me I could. stay home. and watch my house. That's what i was doing; I was staying home watch- ing because I knew dern well he didn't care. Now the. bottom line on this is, that. somebody pays for that, and I feel like that the City should not let people be ripped off., because we are gutting a rate increase and the light company passes this on, and T talked to both of these employees and the telephone company. told me, he said, "Well, we got 3 times as much work going on out here since those cable people have come in." And he said, "You know they are not going to pay us for it." He said, "It's kind of an unwritten law between these utility companies that we don't charge each other." I'll tell you who they charge - they charge us, the people, the consumers. But if you had somebody down here at City Hall that understood. that, that that's what's happening, and said, "Hey., there's no need in us letting this go on because we can do something about it." But no, not Mr. Hudgens. -He said government's too big and they are into stuff they oughtn't be and some of the things they should be into, .they are not into. • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 18 Now, I don't know exactly, you know, his philosophy, what we ought to be in or what we shouldn't be in, but I'll tell you this, I'm not a Johnny-come-lately, I've been in this City for along time. I've been to this City Council fairly regular, I've run for City office and I'm not a guy who has shirked my duty as far as a citizen, and T don't think my job quits if I get beat at the poll or if the guy that T voted for don't win. I still think T've got an obligation to myself and to my community to participate, and that's what I am going to do. Jim Hudgens is not going to run me out of the City or out of this City Hall. So anyhow, oh, and another little thing - I don't know how many would-be police- men are running around here that's certified to carry guns. I understand yesterday afternoon after I was here that Hud- gens was one of them. But I want to tell you this, I am not one of them, I am unarmed, I don't carry a gun, and if Hud- gens gets made at me and shoots me he is shooting an unarmed man. That you. Meza: The next item is Administrative Reports. • Hudgens: We have two brief items, Mayor. One, Chief Sease has bid specifications prepared for the aral truck that Council authorized during the budget process to be bid. It has a delivery time of in excess of one year. Chief Sease is requesting authorization to go out for bids on this vehicle. It was not funded in this year's budget. Council has yet to .determine how that vehicle, the estimated cost is approximately $300,000, the funding will either come from next year's budget, a bond issue, or certificates of obligation. Chief Sease is ready to go out for bids and requests Council's authorization to do so. Simons: Mayor, I would like to make a motion that we give Chief Sease permission to go out for bids. Meza: I think all we need to do is for the minutes to reflect that we have authorized. him to go out for bids. I don't think a motion is necessary. Askins: Joe, are you going to ask for a performance bond? Sease: Most companies will not bid with a performance bond. Meza: Let the minutes reflect that we are authorizing the staff to prepare and go out for bids for the arial truck. • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 19 Hudgens: The next item, Mayor, is, I have had contact from Mr. Cary Burnley, who is the President of the College View Municipal Utility District and some of the Council will remember that approximately one year ago they approached the City about to treat the waste water effluent from their district. At that time we did not have a good feel for when the new plant would be completed. With the present schedule it looks like that plant will be on line sometime this next summer, April, May, sometime within that area. College View MUD wants to go ahead and begin negotiations for a treatment contract very similar to the one we have with Spenwick MUD, and I have given them a copy of our contract with Spenwick to give to their attorney to mark up and see if they have any- thing they would. like to change in it, and they would bring that back to us and I would get it to Mr. Askins so we can get it worked out together before being presented to Council. We will be working in that direction.. Also, we have received a request from Spenwick Municipal District, which I sent a copy around in your boxes, requesting an emergency. water con- nection so that they may make some repairs to their water • system. I have asked the staff to prepare information for Council to take of it. Meza: Is there not a water tap that we decided at one time--- Simons: That's what I thought, but Jim said no. Hudgens: We do not have an emergency connection with Spen- wick. We have a line stubbed out, coming out of the new section of Fairmont at Underwood Road, but there is no water connection. Meza: Well, I said water tap. I meant we had provided some kind of water stub out in that area. Hudgens: Yes, sir, we have at Underwood Road. That's all I have, Mayor. Meza: Council action: Malone: I have nothing. Longley: Mr. Mayor, I would like to commend the citizens here tonight and want to thank them for their interest. I would like to point out to them that if this kind of interest were shown consistently, I think they would either reduce or eliminate • the sensitive type issues by having a more accurately informed public. Also, T'd like to ask how they could obtain a copy of the agenda in advance? Is that coming to see you, Betty, is that correct? • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 20 Waters: The agenda is prepared by noon on Monday if the copy machine is cooperative. It is in my office and available to anyone who would like to pick up a copy. Malone:. Mr. Mayor, I would like to talk to the lady in the purple, blue dress after the meeting when we adjourn. Please. Faris: I wou d like a short executive session. Kibodeaux: I would like to thank the folks for being here tonight, and ask that they continue coming. Maybe we can end up with a good. City after all. Simons: I would like to repeat what Councilman Longley said. It is beautiful to see citizens concerned about the City. I wish this interest would continue, that you would help us, help you. Gay: I'm going to make the same record a,s the. other gentlemen did. I would like to thank. our citizens for showing an interest in their City government. If they would continue to come, this • would be a better City government. Thank you very much for showing so many wonderful faces here tonight. Skelton: I have a couple of items..., I'd like to thank the public works for digging the ditches down "B" Street and "D" Street so we won't flood in the Carroll and. Blackwell area. We really appreciate that. Number two, I would like to join Councilman Longley in his commendation to the citizens for showing up. We do need more participation like this. If we do, maybe we can get a larger City Hall so everyone can sit down. I apologize for not .having a seat for everyone. Meza: Thank you for being here and for the input you have had. We will adjourn to executive session. Time: 8:10 P.?"I. Reconvened: 8:38 P.P!I. Meza: I would like to bring to your attention that the 24th through the 27th, some of us will be in San Antonio at TML. What do we have for that meeting to be held on the 28th of October? Waters: At this point T only have the public hearing on the intention of annexation we passed tonight. • • Minutes, Regular Meeting, La Porte City Council October 7, 1981, Page 21 Meza: Can we do that on the 21st? Waters: No, sir; I don't have the proper time to publish for the 21st. Meza: Is there any problem with November 4th? Waters: T would have to check with Knox. Hudgens: Considering the totally uncontested annex, Waters: Sir, may I check does not violate the time Meza: I will entertain a workshop. Simons: I so move. circumstances, it should be a ~tion. with Mr. Askins to be sure that this schedule? motion to postpone the October 28th • Faris: I second it. The motion carried, 9 ayes and 0 nays.. Ayes: Councilpersons Malone, Longley, Faris, Kibodeaux, Simons, Gay, Skelton, Westergren and Mayor Meza Nays: None The meeting was duly adjourned at 8:45 P.M. Passed and Approved this the 2 - ay of October, 1981 J. J. Meza, Mayo Respectfully submitted: '~`~('/Gx-ems ty Waters City Secretary C7 a • x ~ _ .. CHANGE ORDER N0. Two DATED: September 16, 1981 Owner's Proj ect No . Engineer's Project No. 74-1068-03 _ EPA Project No. C-481176-03-0 Project _Contract III -Lift Station Facilities Owner City of La Porte Contractor Big M Constructors, Inc. Contract Date December 22, 1980 Contract For Construction of lift station facilities at Fairmont Park and the intersection of Fairmont Parkway and Southern Pacific Railroad To: Big M Constructors, Inc. Contractor You are directed to make the changes noted below in the subject contract: Owner City of La Porte By James R. Hudgens, City Manager Date September 1981 Nature of the Change - Installation of two electrical poles, temporary connection of new pumps to old discharge line at Fairmont Park Lift Station, repair of Entex Metering Station cathodic protection system, and extension of contract time from 60 working days to ~0 working days closures: The changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order $ 193,121.00 Net (Increase) (IX~~~~ Resulting from this Change Order $ 3.344.80 Current Contract Price Including This Change Order • $ 196,465.80 Page 1 of 2 Pages ,~ l S CHANGE ORDER ~T0 , Two • DATED: September 3, 1981 Owner's Project No. Engineer's Proj ect No. 74-1068-03 E.P.A. Project No. C-481176-03-0 Project Contract I - Sewage Treattugnt Plant Owner Gity of La Porte Contractor Brown-Couch, Inc, Contract For Construction of main La Porte S Contract Date January 7, 1981 e Treatment Plant To: Brown-Couch, Inc. Contractor You are directed to make the changes noted below in the subject contract: Owner City of La Porte By . James R. Hudgens, City Manager Date September 1981 Nature of the Change - Placement of bank sand inside the center of the aeration basins Enclosures: The changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order $ 3,001,200.00 Net (Increase) (~82~2.}._Resulting from this Change Order $ 2,699.00 Current Contract Price Including This Change Order $ 3,003,899.00 Page 1 of 2 Pages C~ Calendar Contract Time Prior To This Change Order _ 548 ~~ Days. Calendar • Net (Increase)r(Decrease) Resulting From Thic Changc Order p ~~ Dayc, Calendar Current Contract Time Including Thia Change Order 548 X~.~4d~~ Days. The Above Changes Are Approved: Busch Hutchison & Associates, Inc. // /~ ~ ~En~gineer David A. Corbin, P. E. Date September 4,•1981 The Above Changes Are Accepted: Brown-Couch, Inc. Contractor by _ he C. Cou , resident Date September ZS, 1981 r~ U C Page 2 of 2 Pages -y:,'t ~~K ;. :._` ~.e-~.-~,~ -:=:s;S~utt y,, is.~a-',~^.,t~$•k's'~;~Sr".-`. j74~'~~,7'' ;a:-u~ e~,!t7i ;~:.F'.~:a .:.v.:it)efi]~C~I~M.'a;ijvfl?s~G'3~','`x. w•:..~ ... .. r~.o-.:;ic•' ~hk -... .~Yt'~.i~'- "'~,~„, ~... 4;~~Srt;~~ 'echt_~Y Y~t~?~~:-N.~2~?.~ --s. .::r^r,,~+;:itaw'#r-a,'~'.r~t~`.~~o..._ ~~ ar. ~ f C H A N N E L I N D U S T R I E S M U T U A L_ A I D (C I M A) • Conditions of Membership 1. Each member agrees to maintain personnel and equipment sufficent to control fires or emergencies of the type and magnitude which are likely to occur most often in their facilities. 2. Each member agrees to provide an emergency plan for activating this personnel and equipment within their facilities. Included in this plan, each member agrees to provide instructions for pro- perly requesting and receiving aid from the CIMA Organization in the event afire or emergency develops, or has the potential of developing beyond the control of the in-plant personnel and/or material. 3. Each member agrees to appoint a representative and one alternate representative. At least one representative or designate of each member will attend all meetings of the organization. Failure to attend three successive meetings shall be grounds for being placed on probationary status. Also, senior managers (or their manage- ment representative) shall attend CIMA meetings periodically. 4. Each member agrees to provide current lists of manpower and-mate- ., • rials which, under most circumstances, could be furnished to a stricken plant, or to the CIMA Organization as the area Civil Defense Authority in case of major disasters. In this connection each member also agrees to furnish lists of their responsible official. 5. Each member agrees to participate in all practice drills of the organization to the minimum extent of having one of their repre- sentatives present as an observer. - 6. Each member agrees to.appoint resonsible company officials to be present at all key road blocks during an emergency to assist the law enforcement officers on duty. These officials should have D~ .. 1 <- „, . ,~ . .:: .. _.;, ~ _ ,. x Channel Industries Mutual Aid (CIMA) Conditions of Membership Page No. 2 proper authorization and identification documents identifying them to the law enforcement officers. Also, some type of communi- • cation with the plant will be provided at all times. The officials must be familiar with, and have knowledge of, authorized personnel that require admittance to the plant. This includes company em- ployees and officials, fire fighting and rescue personnel, CIMA Civil Defense and other outside groups called for assistance. 7. Each member agrees to perform an annual self-inspection and complete a CIMA self-inspection form and file that form with the CIMA Inspec- tion Officer. Further, each member agrees to cooperate totally with authorized inspections by the CIMA Inspection Officers. 8. Each member agrees to replace material and/or equipment used or damaged in the control of afire or emergency situation within its facilities in cash at current prices or in kind, provided the equip- - ment and/or material was furnished by member companies or by other Industrial Mutual Aid Organizations in response to a properly placed request. 9. Each member agrees to establish effective radio communication on the CIMA Net. Normally, this condition of membership is met by establishing a two-way base radio. Alternately, individual members may fulfill the radio requirement by a mutually satisfactory writ- ten agreement with a member establishment that has a CIMA radio. New members shall fulfill this requirement within 18 months of ac- ceptance as a CIMA member. Existing members without radio capability as of June, 1977, shall fulfill the requirement by December, 1978. There is no monetary outlay. Thanks for your interest in our organization. Please contact me if you have any questions. ~~ -:.vx.. ~~~.'.,~'r'`~:~'=R~"'4"'~. .,~""'YryR~,i'z:'' dfi:`•~` vs;~•Kr'.~'a+:J~''.M"%2+~-,,,F';,~# - ~;~` _, r yy~~..~kk ~ 7S..Y'.f'~ ~.K~iit'h'~i by .,~y~.: CPV^'~"i^r .. t'.:?Yr ;l SQL... \li `^lE. ~t1"!4F~ • -<2~~ ~u~'{.:~~i^~+~lXy f'4~C~~b`.: ~.+ili~'~~r,C,.~ y :a ~;~y...l}zt: ;.~-~{%rirk,.-~"„v-r~4. J.: .. .. - ..,.- ... MEMORANDUM September 15, 1981 TO: Mayor and City Council FROM: Planning and Zoning Commission SUBJECT: Request for One Additional Townhouse, Woods on the Bay, John Sheffield Planning and Zoning met on September 14, 1981, to consider a request by Mr. John Sheffield that we amend our preliminary approval of Woods on the Bay to allow construction of one addi- tional townhouse. By realigning one of the buildings and changing the angle of placement, the developers found that an additional unit could be added without crowding. Planning and Zoning considers that the additional unit would not affect the overall aesthetic quality of the project nor basically change the density of land use. Therefore, Planning and Zoning has amended the preliminary approval granted earlier to allow a total of 82 units in the development. Respectfully, PM/cb • Pat Muston, Chairman ~~ ,'i 'r • ~ • 1 may. .. ~ . CITY OF -. LA PORTE INTER-OFFICE MEPIORANDUM T0: Ms. B ty Waters,~ity Secretary DATE: June 8, 1981 ' • FROM: J r Hod .irector of Public Works .SUBJECT: Fo e o porationls:._APplica i ~ - .. .. ~~,~ , .. • -. .. ....-.~:. .::~.:,..,.w.~~,,... t on In response to the request to ,close the alleys in Block 73 and Block 684, ~~ . and 12th Street, between Adams Street and Tyler Street, the Department of Public :Works has no objections to these closings. _ :• ,. JH/lw 1 ~, , 1 1 ~.1' y 1, ~~~ ,E ~, r ~ ~ +. ~~~ ~ L;;, `: ~ ~ , 1 ~~ .. ,.~y~f r~. ~• ...._ 1. ~.,,. ... :.~ •• ~Y ad'.~ ., ^Y.'.•C. ... __ .. .a. '~. "-.a"F. i,` ,:,~c CY'C ~3;y r •-'6J.;*h t , S:•~ ~ ~.:`'.:74.~".'}~': r.i.r' r~ ~':At""'~ ~a'a~' ,.~''~' +i: f ~~~: $'".i':. =' . r.r ^r.a,,, ~Gi`';,`~'. `:+i i'~!}n>;!~: r • ~ ~~ ..-zs- .~lL"°}rS:t~~jr~~"t'.y~+c. ~~;ii.~ F~ '+' ~' .+.: ii7~'y' y ~ r+~ h. 7f3-7+~- :.~;' s . x: i s-",.,~~:.,:.., ,.~ - a~w.,%rfiro~, K ._e,~~r ~ R~ + ; aate~,, .~ _ ~~ }, h2A"M~~.~K+tii~~~ 3.,dy: ~ a~„f. ~`~ r."o roG~'~"S~s C'"~j ,~,.~ns~~~l~~..w~,~i~v.~Ij~ts ~ C ~.~ ~~ Ltd ~~ ~, ~~ +c' 4 .. ~•~~, o}yy. S ~.aco~_ Za.w~<r+ : .'. ~" m..c o _ j t Fr~.~,.-~ ~ °.r+ ~:., o r` ~. ~.•. n~! '2. .r-r -r~S ~+~ of ~'•„ ~ ~~ i`~- .. •( c 1 ~ t e>" .:. ~ •4i~ ~1'w ..+..' ~ ~ .e~'+~4 i' i, t .a~7 it«`.~y K ro ~- :'t,.y~ ~.~ .. k .d '.~-r r w w,~.b'4.a.•.~' b..~~yiJ ~% `~' .~ A:7~>r~'~~"~Y,'~ Y~pi aR,,. '~ y,,.~ 3i iif . +~ ~1V ~ + .3? t • vim. Y'y :.t~+ss /'7 ,a ~ J_'? ' . 5- r. i~ ~, : ~ x -~ti~'~"'1i'~~~i:~:i~i.YAe w.s~.i'"w~}i<etc~:3iriY.~iii...>a..v*w:~ :'~..s:J+.d~L-~+ao~t: •i0.~"~a t..... r~+A'~d.'+iC2s~rsi.:t.. a:~ ..~' " ~-~::,~~: ~"~+-9..m~'+t~wsa' ~+ ". t re-y _ 'e { ~ °~"~~ir: . ~' • ~ • Souti~estem BeN Randy G. Wise Manager-OSP Engineering 4620 Fairmont Parkway East District Suite 206 Pasadena, Texas 77504 Phone (713) 487-9680 June 3, 1981 C.cty o~ LaPorte P. 0. Bax 1115 LaPo~tte, Texas 77571 ~ Betty T. G1a~e~ City S ec~cexan. y vecuc Md . water In ne~enence za your .~efiten a~ itda.y 22, 1481; nec~ueb~.ing vacating, abandovt.%ng and cea.6~.ng xhe a.?,eeyb ~.n B~ocFt 73 and B-eacF~ 684 and the unimpnaved aec.~ian a~ 12~h S.tnee~ ghat exzend~s ~nam Adams S~icee~ ~o T y.Cen S~ir.eet be~ureen . BZocfz 73 and B.EocFi 684, Tawn o~ LaPa~tte, Ha~tnia Caunxy, Texas. P.Zea.ae be adv.csed ~ha~ Sattthwe~s~etcn Be.P.2 Te,2ephone Company pneaen~.y hab na ~aci,P.it,Le~s ~.n the a~onemen~.i.aned a~Cey an , .a~icee~, and hays na abjec~.%an fah abandownertt. Any bu~wce nec~ueis~ ~otc ~e.2ephone den.v~.ce y w.ith~.n ~h.is area waned nequuce eabement p~cov.tded a~ .the ownen'h expertise .to can~anm ~a ~utune deve.eopmertt. S.incerce.ey, `~---~ Randy w.i,d e ~, ... _ r >.-~.;; .. .. _... .. _... _ ~ , • ~ • P. O. BOX 937, LA PORTE, TEXAS 77571 • 6-i-81 Mrs. Betty T. Waters City Clerk City of La Porte, Texas. 77571 RE: Closing of the alleys in - Blk.#73 and Blk.#684 and the unimproved section of 12 th Street that extends-from Adams St. to Tyler 5t. between Blk. #73 and Blk. #684 Dear :hrs. Waters, Entex, Inc. does not have any natural gas mains • located in said described alleys and street. lyde hereby release and abandon our rights to the afore- described alleys and street providing similar re- leases are obtained from the other utility companies having the right to the said alleys. '~, In no way shall such a release affect Entex's title to, interest in, or right of use of the other property in the area. Yours very tr~u~ly, W. C. Randall Local i~tanager, Entex La Porte, Texas WCP./mmb CC; Jimmie Acklen _.. _.~,. ~ _. .;~w ... _ _,__. .w_...~_ 4 _.... .. _ ~ .. . _. ..• . ~ . • The Light ~ company Houston Lighting & Power P. O. Box 597 Seabrook, Texas 77586 (713) 474-4151 August 25, 1981 U Ms. Betty T. Waters, City Clerk City of La Porte Post Office Box 1115 ' La Porte, Texas 77571 Dear Ms. Waters: By letter dated May 22, 1981, the City has requested our concurrence in the abandonment of the following alleys and street rights-of-raay. Alley in Block 73 -Between Tyler and Adams Alley in Block 684 -Between Tyler and Adams. 12th Street -Between Tyler and Adams ~M This request was examined and it was determined there were existing facilities located within both alley rights-of--way. Contractual arr~crngements have now been con- cluded ruith Foree Corporation for the removal of these facil- ities and we enterpose no ob~jeetion to the etosure as requested. - Sincerely, G James L. Wy t District Manager G JLW/jm .~ ,. accR~ ~~ ®, OTIS GRAHAM, AFLM i GRAHAM CONSULTANTS ONE ALLEN CENTER, SUITE 1000 HOUSTON, TEXAS 77002 OFFICE (713) 759-0965; NIGHT (713) 422-2327 September 14, 1981 City of La Porte P. 0. Box 1115 La Porte, Texas 77571 Gentlemen: FLI .~. ~~ .~.. DOROTHY GRAHAM, GRI As requested, I have appraised two strips of land, one being the alley in Block 73, between Tyler and Adams Street and the other being 12th Street between Tyler and Adams Streets. The purpose of this appraisal was to estimate the Fair Market Value of said property. In my opinion the highest and best use of Subject property is for warehouses and/or light industrial. It is my opinion that the property appraised had a Fair Market Value as of September 14, 1981 as follows: . Alley in Block 73: Fee Value: 16' X 400' = 6,400 s/f @ $0.75 s/f = $4,800. Easement Value: 75~ of Fee Value ($4,800.) _ $3,600. 12th Street between Tyler & Adams: Fee Value: 60' X 400' = 24,000 s/f @ $0.75 s/f=$18,000. ~' Easement Value: 75q of Fee Value ($18,000.)= $13 500. TOTAL 17,100. Certification: I hereby certify that I have personally examined the property appraised; that the statements contained in this appraisal and upon which the opinions expressed herein are based are true and correct to the best of my knowledge and belief, subject to the limiting con- ditions herein set forth; that to the best of my knowledge and belief no pertinent information has been overlooked or withheld; that neither the employment to make this appraisal nor the compensation is contin- gent upon the value of the property; and that I have no interest either present or contemplated in the property appraised or in any proceeds to be derived therefrom. • t', • i o ~ ~- ~ I z a Q I H z 0 0 v > a~-~...: ' W F- .. _. ~ Q J LL. O ,, ~ o ~ ~ -. N O ~... a .,= . U • ,.: - -- ~ _ o ~ -~ - .. _... __ ~ N A • .,...~.... -J O } z W O g d ~ ~ L .. _ .. . - Q , , ~ - U • W 4 ~iL t yEJV % ~ S~"~ EET ~~ _ y., _ ~~' - .. ~ <y `s-~- } r ~ M' ~..sF 1~~+YO"S~e ~~.> yf.yt~ay..us~~ .' M~ .' _ f ~ , ~ ~ '~ ' + ~ ...+rw.+. •t7~++~u1+~•Xc+.wv+.+~.}l~'p~r...~i~+"Y."V..7;ti w Y i i S n ~ .: _' d ..r ~ .., J N ~~ s 0 :• O ~ m n ~ N m .. ~ r ~, ~~ C < m .~ c v 'f1 ~ 1 _ ~ ~ ~~ `~ 4• ~ `~ \ \ V ~. ~ t J r r D y 6s ~~ 1 1` ~1 ~~ D 3~ "i `r J .~ ~` J n 3 ""1 vs •~ n m 0 r D '!1 Z m r O c Vl ~ ~ m O n m fl7 .~ ~'~• ~~~~ QORPOILAI'ION P.O. Box 1085 La Porte, Texas 77571 SAN JACINTO STATE BANK ea2atz itao PASADENA,TE%AS • • • 1Tl i ~e ~.' L~ i :r ~~ ~• ~ ''"'1 ,''uy ;-•~ ,.. ,.. uu .nu , ,~ ~..I ~nn~ ~~~~~ ,~+ ~. I! , .~~ ~~a~ ~~~a~ ~,,. i.. ;, 9- 25 -81 745 7 $ $17 , 400.00 FORCE CORPORATION , Per - CITY OF LAPORTE THE _ _ _ _ ~~s ,n N0000494 611' ~: L L 30 2 3 L 2 3~: ~ n'OB••~ 7 2 131t' ~ ~ ~~ . :. ..,..._.... zd ._,,....;._ ...~....:. ..._,.,.. _,a,.~.,~,.,r,~,....,~.. i • • ORDINANCE NO. AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH 12TH STREET; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owners of all of the property abutting the hereinafter described portion of North 12th Street, in the City of La Porte, to vacate, abandon, and permanently close that portion of North 12th Street; and WHEREAS, the City Council of the City of La Porte has determined, and does hereby find, determine and declare that the hereinafter described portion of North 12th Street is not • suitable, needed, or beneficial to the public as a public road or street, and that the closing of the hereinafter described portion of North 12th Street is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of said North 12th Street should be vacated, abandoned, and permanently closed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chap. 13, Title 28, Art. 1175, of the Revised Civil Statues of the State of Texas, 1925, the hereinafter described portion of North 12th Street is hereby permanently vacated, abandoned, and closed by the City of La Porte, to-wit: That portion of North 12th Street, lying and being situated between Blocks Seventy- three (73) and and Six Hundred Eighty-four (684), TOWN OF OF LA PORTS, Harris County, Texas; and between the North right-of-way line of Adams Street and the South right- of-way line of Tyler Street. 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 G u Ordinance No. , Page 2. 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. PASSED AND APPROVED this the 7th day of October, 1981. CITY OF LA PORTE By J. J. eza, ayor ATTEST: City Secretary APPROVED: City Engineer City A torney L • r-~- . ORDINANCE NO. ~~ , AN ORDINANCE VACATING, ABANDONING AND CLOSING ALL OF THE ALLEY IN BLOCK SEVENTY-THREE (73), IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS. WHEREAS, the said alley in Block Seventy-three (73) of the Town of La Porte has never been opened or used as a public thoroughfare, and the public utilities now making use of such alley have all given their written consent for its closing; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that • the said alley is not suitable, needed, or beneficial to the public as a public alley, and should be vacated, abandoned and permanently closed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The alley located in Block Seventy-three (73) of the TOWN OF LA PORTE, Harris County, Texas, is hereby perma- nently 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. ~- G Ordinance No. '~ , Page 2. .Section 3. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 7th day of October, 1981. CITY OF LA PORTE By J. J. Meza, Mayor • ATTEST: City Secretary APPROVED: City Engineer City At o ney ., G • • • KNOX W. ASKINS, J. D., P. C. ATTORNEY AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORTE. TEXAS 77571 GAIL J. HAMILTON. J. D. ASSOCIATE September 30, 1981 Ms . Betty VJaters City Secretary CITY OF LA PGRTE City Hal l La Porte, Texas 77571 Re: Trammell Crow Annexation • i Dear Betty: TELEPHONE 713 471.1888 I enclose herewith an ordinance to be discussed at the workshop meeting of September 30, 1981, and to be placed on the regular meet- ing agenda of October 7, 1981, for passage. This is an ordinance declaring the intent of the City of La Porte to institute proceedings to annex certain territory, on which Trammell Crow Distribution Corporation plans to construct warehouses. There has been filed with the City of La Porte, a petition by the land- owner and the lienholder, to annex this property the City of La Porte, so that they can obtain industrial development bonds for the con- struction of the warehouses. It is also the plan of the owners to enter into a contract with the City for the construction of a water line up Underwood Road, and across State Highway 225, to the subject property. .~ The scheduling of the annexation proceedings are time-critical, and the following schedule should be followed: September 30, 1981 Discuss at workshop meeting. October 7, 1981 Pass ordinance declaring intent to annex, at regular meeting. October 15, 1981 Publish the entire ordinance in The Bayshore Sun. October 28, 1981 Call a special meeting at the beginning of the workshop for a public hearing. November 11, 1981 Call a special meeting at the '2 beginning of the workshop, for passage of the final annexation ordinance. r Ms. Betty Waters City of La Porte Page 2 9/30/81 I would strongly suggest that you take the intent to annex ordinance to the newspaper-as early as possible, and have them submit a proof of the legal notice to you, so that you can carefully proofread it, before it is put in the paper on October 15, 1981. Finally, after October 7, 1981, send a certified copy of the ordinance to Southern Pacific at its Houston office, and to any other railroad companies on the tax rolls. If you have any questions, please give me a ca~~ Yours very tru i ~~ Knox W. Askins KWA:jm Enclosure cc: Mr. James R. Hudgens, City Manager Mr. John Joerns, City Engineer Hon. Mayor and City Council Mr. Thomas M. AIA, Architect 1212 Antoine Houston, Texas Weaver 77055 Mr. Emory B. Wellman, President TRAMMELL CROW DISTRIBUTION CORPORATION P. O. Box 895 Carrollton, Texas 75006 • N M a+?; •':+'-,uk ~,k ~sr» Ss.%~ `XS'+p~w~v. .;.,., ~ - ~ - .. ~'C `~"^ ti+i^~...:;AA!AKY+.':^ ,a, ~^s,~.~~~s-~sas-...-~~%'yy~,~w-fk•"~~ `°r{M~gt~t.,'~a •::'3 r ~ .... '':~ sd,r.-: ..i~'y;• ~, ` ;.. ., *a~,y --.3 _..~e. z"i3aA ~.ii.y;'~"i~a'7~+^SExtaao-tt a'^^.?:::ytre"y;.i: c:~. •~ ~ ., ti PETITION FOR ANNEXATION September 28, 1981 Hon. Mayor and City Council .City of La Porte City Hall La Porte, Texas .77571 Gentlemen: The undersigned, Trammell Crow Distribution Corporation ("TCDC") and First National Bank in Dallas, acting in our capaci- ties as owner and the sole lienholder, respectively, of the three parcels of real-property described on Exhibit "A", which is attached hereto and by this reference incorporated herein for all purposes (the "Property"), hereby petition the City Council of the City of La Porte (the "City") to annex all of said property to the corporate limits of the City. It is intended that this letter comply as a Petition for Annexation under the Texas Municipal Annexation Act, Tex. Rev. Civ. Stat. Ann. art. 970a (Vernon 1963 & Supp. 1981) (the "Act"). This letter also shall constitute a petition that the subject property, when annexed, be permanently zoned "Light Industrial - Public Warehouse" as a zoning classification. .: Although the drawings included in Exhibit "A" depict the locations of various easements, it is not intended that any easements be created as a result of the filing of such drawings in any public records or as a result of the proceedings for annexation of the Property. It is intended that the Property be annexed to the City as three parcels and that each of the parcels constitute a separate tax parcel. It is understood by the undersigned that the City currently does not have water and sewer mains to the Property, and that any extension of such facilities, and the provision of service, will be at the sole expense of TCDC. It also is understood that the City will not issue a building permit for a warehouse until satisfactory arrangements have been made for the extension of water service to the Property. L -.~ -~ ~ ... .. .. _ ~ - i i • a v Hon. Mayor and City Council September 28, 1981 Page 2 The undersigned waives any rights under the Act to hereafter demand or request disannexation of the Property for failure of the City to provide municipal services to the Property. Yours very truly, • TRAMMELL CROW DISTRIBUTION CORPORATION FIRST NATIONAL BANK IN DALLAS By: Emor Wellman, President ,' By: Title: if ~; 't ~i 9533:6Kta ~Z • • ORDINANCE NO. 1287 AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF LA PORTE TO INSTITUTE PROCEEDINGS TO ANNEX CERTAIN TERRITORY; CALLING A PUBLIC HEARING AT WHICH ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY TO BE HEARD; PROVIDING FOR THE PUBLICATION OF NOTICE OF SUCH HEARING BY THE PUBLICATION OF THIS ORDINANCE; AND PROVID- ING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby declares its intention to institute annexation proceedings, to annex the following described territory to the City of La Porte by the passage of an ordinance of annexation extending the gen- eral corporate limits of the City of La Porte for all purposes • to include within such territory all of the following described territory now situated within the exclusive extraterritorial jurisdiction of the City of La Porte. As used herein, the term extraterritorial jurisdiction shall have the same meaning ascribed to it as is ascribed to it in the Municipal Annexation Act of 1963, compiled as Article 970a, Vernon's Annotated Texas Statutes: • ~i • ~J EXHIBIT A PARCEL 1 METES AND BOUNDS DESCRIPTION 11.9839 ACRES OUT OF ENOCH BRINSON SURVEY, A-5 HARRIS COUNTY, TEXAS All that certain 11.9839 acres of land out of the Enoch Brinson ~~ Survey, A-5, Harris County, Texas and being mare particularly described by metes and bounds as follows: Commencing at the southwest corner of that certain 33.485 acres of land described in~a deed dated 6-29-1981 from Selected Lands, Ltd. X13 to Trammell Crow Distribution Company filed in the official public records of real property of Harris County, Texas at Clerk File No. H-034395, Film Code No. 186-95-0749; Thence N 00° O1' 18" • W - 1,346.27' to the POINT OF BEGINNING of the herein described parcel; THENCE N 00° O1' 18" W - 767.71', along the west line of said 33.485 acre parcel, to a 5/8" iron rod for corner; THENCE N 70° 00' 59" E - 159.59', along the north line of said 33.485 acre parcel, to a 5/8" iron rod for angle point; THENCE S 89° 58' 31" E - 490.00', along the north line of said 33.485 acre parcel, to a 5/8" iron rod for corner; THENCE S 00° O1' 18" E - 821.79', along the east line of said 33.485 acre parcel, to a 5/8" iron rod for corner; THENCE S 89° 58' 42" W - 640.00' to the POINT OF BEGINNING and containing 11.9839 acres of land, more or less. Compiled by: - PREJEAN & COfdPANY, INC. • surveying/mapping September 8, 1981 • PACE 1 OF 3 n ' • • • F EXHIBIT A PARCEL 2 METES AND BOUNDS DESCRIPTION 8.2779 ACRES OUT OF ENOCH BRINSON SURVEY, A-5 HARRIS COUNTY, TEXAS All that certain~8.2779 acres of land out of the Enoch Brinson Survey, A-5, Harris County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod marking the southwest corner of that certain 33.485 acres of land described in a deed dated 6-29-1981 from Selected Lands:, Ltd. #13 to Trammell Crow Distribution Company filed in the official public records of real property of Harris • County, Texas at Clerk File No. H-034395, Film Code No. 186-95-0749; THENCE N 00° O1' 18" W - 446.27' , along the west line of said 33.485 acre parcel, to a 5/8" iron rod for corner; THENCE N 89° 58` 42" E - 640.00' to a 5/8" iron rod for corner; THENCE S 00° O1' 18" E - 680.55', along the east line of said 33.485 acre parcel, to a 5/8" iron rod for corner.; THENCE N 69° 54' 57" W - 681.53', along the north right-of-way line of State Highway 225 (180' wide), to the POINT OF BEGINNING and containing 8.2779 acres of land, more or less. Compiled by: PREJEAN & COMPANY, INC. surveying/mapping _ September 8, 1981 Revised September 25, 1981 • PAGE 2 OF 3 M • • •- EXHIBIT A - PARCEL 3 METES AND BOUNDS DESCRIPTION 13.2232 ACRES OUT OF ENOCH BRINSON SURVEY, A-5 HARRIS COUNTY, TEXAS All that certain 13.2232 acres of land out of the Enoch Brinson Survey, A-5, Harris County, Texas and being more particularly described by metes and bounds as follows: Commencing at a 5/8 iron rod marking the southwest corner of that certain 33.485 acres of land described in a deed dated 6-29-1981 from Selected Lands, Ltd. X13 to Trammell Crow Distribution Company filed in the official public records of real property of Harris County, Texas at Clerk File No. H-034395, Film Code No. 186-95-0749; • Thence N 00° O1' 18" W - 446.27' to a 5/8" iron rod marking the POINT OF BEGINNING of the herein described parcel; THENCE N 89° 58' 42" E - 640.00' to a 5/8" iron rod for corner; THENCE N 00° O1' 18" W - 900.00' , along the east line of said 33.485 acre parcel, to a 5/8" iron rod for corner; THENCE S 89° 58' 42" W - 640.00' to a 5/8" iron rod for corner; THENCE S 00° O1' 18" E - 900.00', along the west line of said 33.485 acre parcel, to the POINT OF BEGINNING and containing 13.2232 acres of land, more or less. Compiled by: PREJEAN & C0~~IPANY, ~ INC. surveying/mapping September 8, 1981 PAGE 3 OF 3 • Ordinance No. 1287 Page Section 2. The City Council of the City of La Porte hereby calls a public hearing at which all interested persons shall have an opportunity to be heard upon such proposal to annex the terri- tory described above, which hearing shall be held in the City Council Chambers, City Hall, City of La Porte, La Porte, Texas, at seven o'clock P.M. on the 28th day of October, 1981. Section 3. The annexation proceeding of which notice of intention to annex is given by this Ordinance shall be instituted not less than ten (10) days nor more than twenty (20) days sub- • sequent to such public hearing. Section 4. The City Secretary of the City of La Porte is hereby directed to cause notice of such public hearing to be given by publication of this Ordinance in The Bayshore Sun, a newspaper having general circulation in the City of La Porte and in the territory proposed to be annexed, such publication to be made at least once, not more than twenty (20) days nor less than ten (10) days prior to the date of such public hearing. Addi- tional notice by certified mail should be given to railroad companies then serving the city and on the city's tax roll where the right-of-way thereof is included in the territory to be annexed. Section 5. The City Council officially finds, determines, • 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 r~ U Ordinance No. 1287 , Page • ratifies, approves and confirms such +written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the 7th day of October, 1981. CITY OF LA PORTE J. J. Meza, Mayor ATTEST: i y S re ary APPROVED: y Attorney • ~ ~ • CITY OF LA PORTE La Porte, Texas TAX ANTICIPATION NOTE For the Fiscal Year Beginning October 1, 1981, Ending September 30, 1982. $43,760.36 La Porte, Harris County, Texas, October 1, 1981 For value received, the CITY OF LA PORTE, a municipal corporation, Harris County, Texas, does hereby promise to pay to the order of BAYSHORE NATIONAL BANK OF LA PORTE, a national banking association, • at its banking offices in the City of La Porte, Harris County, Texas, not to exceed the sum of FORTY-THREE THOUSAND SEVEN HUNDRED SIXTY DOLLARS AND THIRTY-SIX CENTS ($43,760.36), in legal and lawful money of the United States of America, with interest thereon from date hereof until maturity at the rate of nine per cent (9~) per annum; the interest payable with principal; matured unpaid principal and interest shall bear interest at the rate of ten per cent (10$) per annum from date of maturity until paid. This note is due and payable as follows, to-wit: The entire principal balance, plus interest thereon at the rate of nine per cent (9$) per annum on the unpaid balance of principal, shall be due and payable on or before September 30, 1982. In the event default is made in the prompt payment of this note . when due or declared due, and the same is placed in the hands of an attorney for collection, or suit is brought on same, or the same is collected through Bankruptcy or other judicial proceedings, then the makers agree and promise to pay ten per cent (10$) additional on the amount of principal and .interest then owing, as attorney's fees. Each maker, surety and endorser of this note expressly waives all notices, demands for payment, presentations for payment, notices of intention to accelerate the maturity, protest and notice of pro- test, as to this note, as to this note and as to each, every and all installments hereof. ~~ r -2- Payment hereof is secured by an appropriation from current tax revenues and cash on deposit of the City of La Porte. A certified copy of the Resolution authorizing the borrowing of the sum of FORTY- THREE THOUSAND SEVEPd HUNDRED SIXTY DOLLARS AND THIRTY-SIX CENTS ($43,760.36) and the issuance of this Tax Anticipation Note, is hereto attached. CITY OF LA PORTE By J. J. Meza, Mayor L~ ATTEST: City Secretary ~~ ~ ~ • RESOLUTION A RESOLUTION AUTHORIZING THE CITY OF LA PORTE TO BORROW THE SUM OF FORTY-THREE THOUSAND SEVEN HUNDRED SIXTY DOLLARS AND THIRTY-SIX CENTS ($43,760.36), TO BE EVIDENCED BY A TAX ANTICIPATION NOTE, PAYABLE OUT OF CURRENT TAXES COLLECTED DURING THE FISCAL YEAR BEGINNING OCTOBER 1, 1981, AND ENDING SEPTEMBER 30, 1982. WHEREAS, it has been determined by the City Council of the City of La Porte (hereinafter "City"), that a necessity exists to borrow not to exceed the sum of FORTY-THREE SEVEN HUNDRED SIXTY DOLLARS AND THIRTY-SIX CENTS ($43,760.36), for payment of lawful expenses of the City, and that the anticipated current revenue from ad valorem taxes • for fiscal year 1981-1982 will amount to far in excess of Forty-three Thousand Seven Fiundred Sixty Dollars and Thirty-six Cents ($43,760.36); and WHEREAS, Bayshore National Bank of La Porte, Texas, has agreed to make the City a loan in said sum, to be paid with nine per cent (9$) interest per annum thereon, on or before the 30th day of September, 1982; and WHEREAS, the City will have current revenue from the collection of said taxes, together with existing cash on deposit, available and sufficient to pay said obligation at maturity; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, that the Mayor be authorized to issue a promissory note of the Cit (a true and correct co • 'y py of which is attached hereto as Exhibit A incorporated by reference herein, and made a part hereof for all purposes), to be designated "Tax Anticipation Note for the Fiscal Year Beginning October 1, 1981, Ending September 30, 1982," such note to be in the principal sum of Forty-Three Thousand Seven Hundred Sixty Dollars and Thirty-six Ce^ts ($43,760.36), to bear interest at the rate of nine per cent (9~) per annum until maturity, providing for ten per cent (10$) per annum interest on matured unpaid principal and interest from date of maturity until paid, and ten per ' cent (10~) attorney's fees, such note to be due and payable on or • w • -2- before the 30th day of September, 1982; and that said note be sold by the City to Bayshore National Bank of La Porte, Texas, at not less than par value. When such note has been duly executed by the Mayor, and attested by the City Secretary, and delivered to said Bank, with a certified copy of this Resolution, such indebtedness thereby evidenced shall be fully binding upon the City; and BE IT FURTHER RESOLVED that the City hereby appropriates and sets aside the sum of Forty-three Thousand Seven Hundred Sixty Dollars and Thirty-six Cents ($43,760.36) out of the current revenues from the collection of ad valorem taxes, and cash on deposit, for the • payment of such indebtedness. BE IT FURTHER RESOLVED, the City Council of the City of La Porte officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council of the City of La Porte was posted at a place convenient to the public at the City Hall, City of La Porte, La Porte, Texas, 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 resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council of the City of La Porte further ratifies, • approves and confirms such written notice and the contents and posting thereof. AND IT IS SO ORDERED. PASSED AND APPROVED this the 7th day of October, 1981. CITY OF LA PORTE By J. J. Meza, Mayor ~~ • • f -3- ATTEST: City Secretary THE STATE OF TEXAS § COUNTY OF HARRIS § I hereby certify that the above and foregoing is a true and correct copy of a Resolution, passed and approved by the City Council of the City of La Porte, at its regular meeting held on the 7th day of October, 1981, at which meeting a majority of the City Council was present and voted in favor of the passage of said Resolution, and notice of which meeting was properly posted according to law at least three (3) days prior to the date of such meeting, as said Resolution appears on record in the minutes of said meeting, to certify which witness my hand and seal of office. City Secretary ( SEAL) • `/~- ~ • ORDINANCE NO. 1000- K AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVID- ING FOR HOURS OF OPENING AND CLOSING; PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTHORITY; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte desires to regulate the closing hours for the sale of beer by retailers selling beer for consumption on premises in accord with provisions of Article 667-10-1/2 of the Penal Code of the State of Texas. • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. In addition to the locations specified in Sec- tion 1 of Ordinance No. 1000, passed and approved by the City Commission of the City of La Porte on August 19, 1974, the sale of beer shall also be permitted during the hours set by the general laws of the State of Texas at the following location by a retailer selling beer for consumption on premises, to-wit: The property located at 110A North Broadway, La Porte, Harris County, Texas, known as "The City Dump," being more particularly described on Exhibit "A" attached hereto and made a part hereof, reference to to which is here made for all pur- purposes. •, . Section 2. The sale of beer at said location shall be permitted only in connection with the sale of food. Section 3. Except and to the extent amended hereby, Ordi- nance No. 1000 shall remain in full force and effect. Section 4. The City Council officially finds, deter- mines, recites and de<:lares 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 C~ L/ Ordinance No. 1000- K , Page 2. 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 5. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 7th day of October, 1981. CITY OF LA PORTE By J. J. Meza, Mayor ATTEST: City Secretary • APPROVED: City Attorney ~~