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HomeMy WebLinkAbout1981-12-02 Regular Meeting• • • MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL DECEMBER 2 , 19 81 1. Meeting called to order by Mayor Meza at 7:00 P.M. Members of the City Council Present: Mayor Meza, Councilpersons John Longley, Gus Faris, Tom Simons, Don Skelton, Linda Wester- gren Members of the City Council Absent: Councilpersons Norman L. Malone and Deotis Gay Members of the City Staff Present: City Attorney Knox Askins, City Secretary Betty T. Waters, Police Chief Herb Freeman, Public Works Director Jerry Hodge, Fire Chief Joe Sease, Chief Inspector Davis Paulissen, Fire Marshal Paul Hickenbottom, Engineering Department Head John Joerns, Parks and Recreation • Director Stan Sherwood Others Present: There were 8 citizens present in the Council Chambers, and Betsy Webber of the Bayshore Sun and Frieda Beaty of the Baytown Sun 2. The invocation was given by Councilperson Don Skelton 3. Council considered the minutes of the Regular Meeting of the La Porte City Council held November 18, 1981. A_motion was made by Councilperson Skelton to approve the minutes with an addition of his request at that meeting under Council Action to look into the drainage in the area of Sylvan Plaza. He urged that the County Flood Control e asked to clean up the ditch into which the Sylvan Plaza area drains going towards Little Cedar Bayou. Seconded by Councilperson Westergren. The motion carried, 5 ayes, 0 nays, and 1 abstain. Ayes: Councilpersons Longley, Faris, Skelton, Westergren and Mayor Meza Nays: None Abstain: Councilperson Simons due to his absence on November 18. 4. City Attorney Askins read: AN ORDINANCE CALLING A SPECIAL ELEC- TION OF THE CITY OF LA PORTE TO FILL THE VACANCY IN THE OFFICE • OF COUNCILPERSON-AT-LARGE - POSITION A • • Minutes, Regular Meeting, La Porte City Council December 2, 1981, Page 2 A motion was made by Councilperson Simons to approve and adopt Ordinance No. 1291 as read by the City Attorney. Seconded by Councilperson Skelton. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Longley, Faris, Simons, Skelton, Wester- gren and Mayor Meza Nays: None 5. City Attorney Askins read: AN ORDINANCE CALLING AN ELECTION IN THE AREA COMPRISING THE LA PORTE AREA WATER AUTHORITY, TO BE HELD JANUARY 16, 1982, FOR THE ELECTORS THEREIN TO CONFIRM OR REJECT THE LA PORTE AREA WATER AUTHORITY; DESIGNATING ELEC- TION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE ,USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE AND AN EFFECTIVE DATE THEREOF. A motion was made by Councilperson Faris to adopt and approve Ordinance No. 1292 as read by the City Attorney. Seconded by • Councilperson Longley. The .motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Longley, Faris, Simons, Skelton, Wester- gren and Mayor Meza Nays: None 6. City Attorney Askins read: A RESOLUTION OPPOSING ESTABLISHMENT OF THE HAZARDOUS WASTE DISPOSAL OPERATION (WASTE MANAGEMENT INDUSTRIAL PARK) WHICH GULF COAST WASTE DISPOSAL AUTHORITY PROPOSES AT THE INTERSECTION OF RED BLUFF AND BAY AREA BOULEVARD Faris: Mr. Mayor, may I make a couple of comments prior to the adoption of this Resolution? I feel that the City of La Porte has been as prosperous as it has in the past due to a continued increase of people coming into the community and due to an in- crease of business activity in the community. When that busi- ness activity is compatible with the living standards, people in the community think it is activity that should be welcomed. When that business activity is not compatible with the living standards of the community, and I cite as a particular issue the burning of PCB's in Deer Park. Those types of business should not be welcomed into the community. I feel like this is the situation where I don't want it here. I don't think any of those types of businesses are wanted here. I would like to have the honor to propose a motion to accept the resolution as read, Resolution No. 81-28. • • • • Minutes, Regular Meeting, La Porte City Council December 2, 1981, Page 3 Seconded by Councilperson Skelton. Mayor Meza: Any other comments? Longley: How much weight do you. think our Resolutions carry with these Boards? Do you feel like they are effective? Meza: We were able to stop the one that was going to be created in our Industrial Park to the north along SH 225 with the help of the Harris County Mayors' and Councilmen's Association. Simons: Mr. Longley, this doesn't stop anybody else from writing to these Boards and such. I think citizens and the Chamber should write, also. The more they hear, the stronger it will be. Westergren: Who would they write? Meza: The Texas Department of Water Resources. They are the people that issue the permits. And your State Representative, and I may add that personal letters written in long-hand to • your different levels of government carry a lot more weight than a typed form-written letter. One written on a Big Chief tablet in pencil catches their eye a lot quicker than typewritten on company stationery. Skelton: Isn't this the same Resolution passed by the Harris County Mayors' and Councilmen's Association a week ago? Meza: Yes, sir. I proposed this Resolution at that time. Skelton: I would like to highly recommend that all the citizens of La Porte get a letter writing campaign going on this. Meza: If there is no further discussion, we will bring this Resolution to a vote. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Longley, Faris, Simons, Skelton, Wester- gren and Mayor Meza Nays: None 7. Administrative Reports: Public Works Director Hodge advised the Council he had received • only one bid for a trailer mounted asphalt kettle, from Hi Way Equipment Company in the amount of $3,770.00. Two bids were • • Minutes, Regular Meeting, La Porte City Council December 2, 1981, Page 4 sent out to the only Houston area suppliers. Hodge recommended that the City Council award the bid to Hi Way Equipment Company for the bid price. A motion was made by Councilperson Skelton to approve and award the bid for the trailer mounted asphalt ettle to Hi Way Equi - ment in the amount of 3,770.00. Seconde by Councilperson Simons. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Longley, Faris, Simons, Skelton, Wester- gren and Mayor Meza Nays: None 8. Council Action: Longley: Mr. Mayor, I would just like to say, I urge all the Council and citizens to go out and visit with your friends and constituents and urge them to support the La Porte Area Water Authority. I feel it is an extremely important issue and with- out a positive reaction on voting day, La Porte is going to be at the mercy of some other water authority. I feel like we should do this to insure our own future. Faris: Mr. Mayor, I've got a soap box out for a minute. When I moved to La Porte in 1966 there were very few people that swam at Sylvan Beach, mostly because of the stench. In 1968, the Texas Water Quality Board identified six viruses that lived in the Houston ship channel, and that's the only life they could find there.. From 1968 to 1971, there was a terrific push and a great deal of campaigning done in the name of pollution, both water and air. During 1969 and 1970 it was common not to be able to see the San Jacinto monument from San Jacinto College because of the haze that existed close to the ground. On any day, even following frontal activity, one could look towards Houston and recognize a brown haze at approximately 30 degrees off the horizon. It was constant on good days; on bad days, you couldn't see the haze because you couldn't find Houston. Sometimes you couldn't identify which was was west. Some compa- nies that refused to bend to the will of the public at that time and to the laws of the state, went out of business, but the majority of the companies recognized the position of good citi- zenship and basically cleaned up their act. Today on a good day after frontal passage, you can see downtown Houston. If you can get high enough to see the buildings, from a water tower here you can, and from the First Pasadena State Bank Building you can see the Astrodome and a full view of downtown on a good day. On • • • Minutes, Regular Meeting, La Porte City Council December 2, 1981, Page 5 a bad day you can still recognize the haze. There are fish in the Houston ship channel and shrimp, and people are eating what they catch out of there,. There are people swimming and skiing at Sylvan Beach, and the massive fish kills that dotted the area in 1967-68 through '72 don't exist any more. T was very unhappy when the PCB plant was allowed in Deer Park, and I would be even more unhappy if the chemical dump is allowed to come into La Porte. I think it is a shame that some of the industries in our area have forgotten what we fought for back in '67 through '72. The fact that they have forgotten does not reflect the desires and will of the people of the community. We haven't forgotten and we will continue to work for a livable atmosphere and a livable water quality. T guess that's about the end of my speech. I'll put my soap box up until next time, but if this doesn't succeed in killing the situation very quickly as far as the chemical dump is concerned, I may have more to say later. Meza: It is an ongoing fight, Gus, as you well know. It keeps a lot of us busy going to and fro to these different meetings • to oppose the issuance of permits for these things. Faris: At San Jacinto College we had 183 people on a committee that did nothing but work on air pollution. It was a student committee and we were pretty well recognized by our community as knowing what we were talking about when we arrived on the scene. We, in fact, when we found out that the bureaucracy wouldn't listen to us all the time, elected a couple of legis- lators to make sure they would listen. And maybe that's what it's going to take. Maybe we need to elect some new legislators who will listen to our problems and will remember the fight we put up once before. Simons: I concur with John and Gus, but it is going to take the citizens and other organizations throughout the City that has membership to contact these people and let them know exactly how we feel. Just the Council alone won't get it done. They want to know how the whole community feels. A 20 cent stamp and a handwritten letter will carry more weight than all our resolutions. They want to hear from the public. Faris: I do want to point out that there are companies that remember the fight and are good citizens. It is a shame there are those that are not. • Skelton: Well, I'd certainly like to echo my same thoughts along those lines, and would like to encourage everyone to get • C~ • Minutes, Regular Meeting, La Porte City Council December 2, 1981, Page 6 the La Porte Area Water Authority to become a reality. We have a mandate to go to surface water. We have a reason to go to surface water. We are losing our land to subsidence and we have been for some time. We have slowed it down some but it hasn't helped all that much. This will not take our tax money to do this. We will generate the money from the sale of water. So we have a real reason to get out .and push this thing. I hope everyone here tonight will tell everybody you know and help us to get this La Porte Area Water Authority on its way to crea- tion of surface water. Also, I would like to request a short executive session. Westergren: I guess I could reiterate what everyone has said in regard to the Water Authority and to the other problem. I would like to thank the City Staff in the excellent job they did yesterday in the open house out at the Service Center. You did a great job and I appreciate it very much. It is a fine facility. At seven o'clock tomorrow night Santa Clause will be arriving. Bring all the kiddies and join in the singing. I also wish to express my regret at having to call a special election to fill this vacant position. This Council feels very deeply the loss, and wish to express that once again to Mrs. Kibodeaux. It is a loss to our entire City. Simons: I have had some comments about having to call this election. A lot of people were not aware we were having an election January 16th. There is very little added expense to fill the vacancy left by Mr. Kibodeaux, and it is required by our Charter. Faris: Well, it wouldn't make any difference if we were having one or not. The Charter says we must have one within 120 days. I think Linda echoed all of our feelings in the situation. We have had a loss that will certainly be felt. Meza: I need to bring you up to date on the sessions that have been held by our staff on evaluation of some computer software. They are nearing the completion of that and they will be coming to the Council with a recommendation for your evaluation. I do have one more item. Tom, I velieve you received this letter, also. It is to the Council. Mayor Meza read the resignation of Jack Oliphant from the La Porte Volunteer Fire Department (actual retirement). • 9. Council adjourned into executive session at 7:41 P.M. • • • Minutes, Regular Meeting, La Porte City Council December 2, 1981, Page 7 Council reconvened at 8:50 P.M. 10. There being no further business to be brought before the Council, the meeting was duly adjourned. Respectfully submitted: ~~~~ ~ tty T. Waters City Secretary Passed and Approved this the 16th day of December, 1981 J. J. Meza, Mayor • - ~ • \ ~ i KNOX W. ASKINS, J. D., P. C. ATTORNEY AT LAW • 702 W. FAIRMONT PARKWAY P. O. BOX 1218 GAIL J. HAMILTON, J. D. LA PORTE, TEXAS 77571 TELEPHONE ASSOCIATE November 24 , 1981 713 a"'886 Honorable Mayor and City Council City of La Porte City Hall La Porte, Texas 77571 Dear Madam and Gentlemen: Section 2.04 (b) of the Home Rule Charter, provides for the procedure when a vacancy occurs in the office of Mayor or council, that "Council shall call a special election within 120 days. At said election, the vacant office or offices shall be filled under the provisions of this Charter." The regular election on the first Saturday of April, 1982, is more than 120 days, so it is mandatory that the council call an election at the next legal election date under Texas law, which is the third Saturday of January, 1982. An election had already been planned for this date, for the confirmation of the La Porte Area Water Authority. • • I have prepared an Ordinance for December 2, 1981. It calls the filing deadline for candidates, a run-off election, if necessary, which is January 30, 1982. your consideration at the meeting of election; provides for a 5:00 p.m. on Wednesday, December 16, 1981; and two weeks after the special election, This election will fill the unexpired portion of Mr. Kibodeaux's term, which expires in April, 1982. Position A, under the Charter phase-in to three year terms, provides that councilperson-at-large--Position A, will have a one year term beginning in April 1982, and then will phase into a three year term in April, 1983. KWA:sgl Yours very truly, C~~~~''G~/~ ~/r/~ Knox W. Askins City Attorney Bl • ORDINANCE NO. 1291 AN ORDINANCE CALLING A SPECIAL ELECTION OF THE CITY OF LA PORTE TO FILL THE VACANCY IN THE OFFICE OF COUNCILPERSON-AT-LARGE-- POSITION A; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. An election shall be held within the corporate • limits of the City of La Porte, Texas, on the 16th day of January, 1982, such day being the third Saturday in January, 1982, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of filling the vacancy in the office of Councilperson-- Position A, due to the death on November 24, 1981, of Isaac J. Kibodeaux. A run-off election, if necessary, shall be held on January 30, 1982, between the same hours. Section 2. Said election shall be held at each of the • following voting places within said City, and the following named persons are hereby appointed as officers of said election, to-wit: Election Precinct No. 1: All voters living in such Pre- cinct No. 1 (consisting of that portion of the City of La Porte which is located north of an imaginary line 900 feet south of and parallel to Avenue "H", and west of the Southern Pacific Railroad) shall vote at the Lomax Elementary School, which is located at 10615 North Avenue "L" in the City of La Porte, Texas, with the following election officers: Sara Armand Presiding Judge • Jerri Neuman , Alternate Presiding Judge B2 Ordinance No. 1291 , Page 2. Election Precinct No. 2: • All voters living in such Precinct No. 2 (consisting of that portion of the City of La Porte which is west of Big Island Slough and south of an imaginary line 900 feet south of and parallel to Avenue "H") shall vote at the Baker School Cafetorium, which is located at West Main Street and Underwood Road, La Porte, Texas, with the following election officials: Bertha Cook , Presiding Judge • Georcrette Oliver , Alternate Presiding Judge Election Precinct No. 3: All voters living in such Precinct No. 3 (consisting of that portion of the City of La Porte which is enclosed by Big Island Slough, Fairmont Parkway, the Southern Pacific Railroad, and an imaginary line 900 feet south of and parallel to Avenue "H") shall vote at the Fairmont Park Baptist Church, which is located at 10401 Belfast Road, La Porte, Texas, with the following election officials: Ed Ferguson Presiding Judge Alternate Presiding Judge Election Precinct No. 4: All voters living in such Precinct No. 4 (consisting of that portion of the City of La Porte which is east of the Southern Pacific Railroad, north of "B" Street and west of Broadway) shall vote at the De~dalt Special Services Center, which is located at Madison and N. 6th Street, La Porte, Texas, with the following election officials: Lou Lawler , Presiding Judge • Ru Al by Phillips - ternate Presiding Judge B3 • • • Ordinance No. 1291 , Page 3. Election Precinct No. 5: All voters No. 5 (consisting of that portion of the is enclosed by Broadway, Little Cedar Donaldson Avenue, and Harbour's Cut Boi the La Porte Senior High School, which Fairmont Parkway, La Porte, Texas, with officials: D. O. Laird Arbila Ralston living in such Precinct City of La Porte which Bayou, Galveston Bay, ilevard) shall vote at is located at 301 E. the following election Presiding Judge Alternate Presiding Judge Election Precinct No. 6: All voters living in such Precinct No. 6 (consisting of that portion of the City of La Porte which is enclosed by the Southern Pacific Railroad, "B" Street, Broadway, Little Cedar Bayou, Galveston Bay, and the north line of the Bayshore Municipal Utility District) shall vote at the La Porte City Hall, which is located at 604 W. Fairmont Parkway, La Porte, Texas, with the following election officials: Nadine Jones , Presiding Judge Lois Compton Alternate Presiding Judge The Presiding Judge at each of the above specified polling ~ places shall appoint as many clerks as he or she deems neces- sary for the proper conduct of said election at said polling place, provided that at least two clerks shall be appointed in each case. Section 3. Voting at said election, including absentee voting, shall be by the use of voting machines, and the ballots of said elections shall conform to the Texas Election Code, as amended. B 4 • Ordinance No. 1281 page 4. • Section 4. Absentee voting by personal appearance shall begin on the 20th day and shall continue through the 4th day preceding the day of the election. Except as authorized herein, the clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall he permit anyone to vote absentee by personal appearance at any tune when his office is not open to the public. Absentee voting by mail shall begin on the 20th day pre- . ceding the date of the election and shall continue until ten o'clock (10:00) A.M. on the second day preceding election day. Absentee voting shall be conducted by a clerk for absentee voting, namely, Lou Lawler , and the place at which the absentee voting shall be conducted is designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots voted by mail may be mailed. Said clerk shall keep said office open for absentee voting during his regular working hours and in any event for at least eight (8) hours on each day which is not a Saturday, a Sunday, or an official State holiday. Section 5. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters ma be re uired to si n and a Y q g 11 absentee voting materials shall be printed in both English and Spanish, or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 6. The City Secretary of the City of La Porte shall forthwith issue Notice of said election by causing a substantial • copy of this Ordinance to be published one time in the BAYSHORE SUN, which is hereby found and declared to be a newspaper of B5 ~ ~ • Ordinance No. 1291 , Page 5. general circulation in said City, not less than ten (10) days nor more than thirty (30) days prior to the date of the said election. Section 7. Upon a candidate tendering his application on the form prescribed, the City Secretary shall furnish to such candidate all information relative to the qualifications fnr the office being sought; the method of placing the candidate's name on the ballot; the amount of the required filing fee; and any other pertinent information concerning said election. • Section 8. Each candidate for the office of Councilpeson- at-large--Position A must be a resident elector of the City. Section 9. The deadline for a candidate to make applica- tion to have his name appear upon the ballot for such election, is hereby designated and established as 5:00 o'clock P.M., Wednesday, December 16, 1981. The filing fee for each candidate for the office of Councilperson is hereby established as Fifty Dollars {$50.00). The filing fees shall be used to defray the cost of the election, and said fees shall be prorated and any surplus shall be refunded to said candidates. As an alternative to paying a filing fee, a candidate may obtain a place on the ballot by filing a petition as provided for in City of La . Porte Home Rule Charter, Article 2.04 c.3. Section 10. Said election shall be held in accordance with the provisions of the City Charter of the City of La Porte, and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 11. Immediately after said election, the officers • holding the same shall make and deliver the returns of the results B6 • Ordinance No. 1291 Page 6. thereof and the accompanying records for use in the official canvass to the City Council of the City of La Porte, and the City Council shall canvass said returns at the earliest prac- ticable time, and shall, immediately after canvassing the re- turns, declare the results of the election. The Mayor shall immediately thereafter deliver to the candidate for whom the majority of votes has been polled, a certificate of election. Such elected official shall assume his or her duties within ten (10) days thereafter, Sundays excluded, upon taking the oath • of office. Section 12. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffec- tive, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 13. This Ordinance shall be in effect immediately upon its passage and approval. • Section 14. The Cit Council officiall finds determines Y Y r r 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 B7 ~ ~ r Ordinance No. 1291 Page 7. 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. PASSED AND APPROVED this the 2nd day of December, 1981. CITY OF LA PORTE By J. J. Meza, Mayor ATTEST: City Secretary APPROVED: /'~~ ~'v ' City Attorney • C7 B8 • • ORDINANCE N0. 1292 • r~ • AN ORDINANCE CALLING AN ELECTION IN THE AREA COMPRISING THE LA PORTE AREA WATER AUTHORITY, TO BE HELD JANUARY 16, 1982, FOR THE ELECTORS THEREIN TO CONFIRM OR REJECT THE LA PORTE AREA WATER AUTHORITY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The "La Porte Area Water Authority" was created by House Bill No. 1311, 67th Legislature, regular session. Section 6 of said House Bill No. 1311, provides, that before the authority is created, the City Council of the City of La Porte must call a confirmation election to determine if the proposed authority will be created. The confirmation election shall be held in the territory comprising the boundaries of the La Porte Area Water Authority, to-wit: BEGINNING at a point in the south right-of-way line of Spencer Highway (100 foot wide}, said point being the intersec- tion of the south right-of-way line of Spencer Highway and the east line of the San Jacinto College 141 acre tract; said point being coincident with the northwest corner of College View Municipal Utility District as per Article 8280-381 of Vernon's Civil Statutes of the State of Texas; THENCE, southerly along the west line of the College View Municipal Utility District and the east line of the San Jacinto College 141 acre tract to its intersection with the north line of Fairmont Parkway 250 foot right-of-way, same being the south- east corner of the said San Jacinto College 141 acre tract and the southwest corner of the College View Municipal Utility District; THENCE, southerly along a projection of the west line of the College View Municipal Utility District and the east line C1 • • • Ordinance No. 1282 , Page 2. of the San Jacinto College 141 acre tract to its intersection with the south right-of-way line of Fairmont Parkway 250 foot right-of-way to a point for corner; THENCE, east along the south line of Fairmont Parkway 250 foot wide right-of-way to its intersection with the west line of a 200 foot wide Harris County Flood Control District right- of-way for Willow Spring Gully which is designated as Ditch No. B112-00-00, for a point for corner; THENCE, southwesterly coincident with the meanders of the west line of the 200 foot wide right-of-way of Willow Spring Gully, Harris County Flood Control District Ditch B112-00-00, to its intersection with the north corporate limit of the City of Pasadena, same being the north line of a 200 foot wide strip annexed by the City of Pasadena and also being the south line of the W. M. Jones Survey and the north line of the George B. McKinstry Survey, Abstract No. 47, for a point for corner; THENCE, east with the north line of the George B. McKinstry Survey A-47 and the south line of the W. M. Jones Survey and the corporate limit line of the City of Pasadena to the east line of the 200 foot wide right-of-way of Willow Spring Gully, Harris County Flood Control District Ditch B112-00-00; THENCE, southwesterly with the east line of the 200 foot wide right-of-way of Willow Spring Gully Harris County Flood Control District Ditch B112-00-00 to a point 469 feet south of the north line of the George B. McKinstry Survey A-47; THENCE, east 469 feet south of and parallel to the north line of the George B. McKinstry Survey A-47 to a point 200 feet west of the west line of that certain tract of land conveyed to Dart Industries and E1 Paso Products Company by Friendswood Development Company by deed dated March 14, 1974, and recorded C2 • • • • • • Ordinance No. 1292 __, Page 3. under Film Code Number 103-11-0868, Deed Records, Harris County, Texas; THENCE, north 200 feet west of and parallel to the west line of the property owned by Dart Industries and E1 Paso Products Company a distance of 469 feet to the north line of the George B. McKinstry Survey A-47 and the corporate limit line of the City of Pasadena, Harris County, Texas; THENCE, easterly along the north line of the George B. McKinstry Survey, Abstract No. 47, to its intersection with the center line of Big Island Slough, for a point for corner; THENCE, southerly along the meanders of the center line of Big Island Slough to its intersection with a line parallel to and 3410 feet more or less measured at right angles southerly from the north line of the George B. McKinstry Survey, Abstract No. 47, for a point for corner, said point being on the north line of that territory annexed to the City of Houston by Ordi- nance No. 65-1555 B-R; THENCE, easterly along the north line of the said territory described by City of Houston Ordinance No. 65-1555 B-R, and its easterly extension, to its intersection with the west right-of- way line of the G. H. & S. A. Railroad, for a point for corner; THENCE, southerly along the west right-of-way line of the G. H. & S. A. Railroad to its intersection with the westerly extension of the north right-of-way line of McCabe Road; THENCE, easterly with the westward projection of the north right-of-way line of McCabe Road, and the north right-of-way line of McCabe Road, and the eastward projection of the north right-of-way line of McCabe Road, to a point in the east right- of-way line of Old State Highway 146 (also known as South Broadway), said point being the intersection of the north C3 • • Ordinance No. 1292 , Page 4. right-of-way line of McCabe Road, extended easterly, with the east right-of-way line of Old State Highway 146; THENCE, southerly along the east right-of-way line of Old State Highway 146 (also known as South Broadway) to a point for corner, said point being the intersection of the east right-of-way line of State Highway 146 with the north line of the Pine Bluff Addition and the south line of the Crescent View Addition; • THENCE, easterly along the north line of the Pine Bluff Addition and the south line of the Crescent View Addition. to a point at the intersection of the north line of the Pine Bluff Addition with the westerly shoreline of Galveston Bay; THENCE, northwesterly, northerly, and northeasterly follow- ing the meanders of the shoreline of Galveston Bay to its intersection with Donaldson Avenue, being a south city limit line of the City of Morgan's Point; THENCE, northwesterly along the north right-of-way line of Donaldson Avenue to its intersection with the east right-of-way of Blackwell Street; THENCE, north along the east right-of-way line of Blackwell Street, to a point of intersection with the south right-of-way line of Barbours Cut Boulevard; THENCE, westerly along the south right-of-way line of Barbours Cut Boulevard, to the northeast corner of Block 978, Town of La Porte, Harris County, Texas; THENCE, north across Barbours Cut Boulevard, to a point for corner in the north right-of-way line of Barbours Cut Boulevard; • THENCE, west along the north right-of-way line of Barbours Cut Boulevard to its intersection with the east riyht-of-way line of North Broadway, for a point for corner; C4 • • Ordinance No. 1292 , Page 5. THENCE, north along the east right-of-way line of North Broadway, and along the east right-of-way line of North Broadway, extended to its intersection with the shoreline of San Jacinto Bay, being the most northwesterly corner of the corporate limit of the City of Morgan's Point; THENCE, easterly along the most north city limit line of the City of Morgan's Point, to a point of intersection with a line which is parallel to and 2500' westerly from the center line of the Houston Ship Channel; THENCE, in a northwesterly direction along the line which r~ is parallel to and 2500' from the center line of the Houston Ship Channel to a point of intersection with the east right-of- way line of State Highway 134; THENCE, south along the east right-of-way line of State Highway 134, and the east right-of-way line of State Highway 134, projected south, to a point for corner in the south right- of-way line of State Highway 225; THENCE, southeasterly along the south right-of-way line of State Highway 225, to its intersection with the west right- of-way line of Underwood Road; THENCE, south along the west right-of-way line of Underwood Road to its intersection with the north right-of-way line of Spencer Highway, for point for corner; THENCE, west along the north right-of-way line of Spencer Highway to its intersection with the east property line of the San Jacinto College 141 acre tract, projected north; THENCE, south across the right-of-way of Spencer Highway along the north projection of the east property line of the San Jacinto College 141 acre tract, to the POINT OF BEGINNING. C5 • • Ordinance No. -1292 , page 6. Section 2. An election shall be held within the area comprising the La Porte Area Water Authority, as described above, on the 16th day of January, 1982, such day being the third Saturday of January, 1982, between 7:00 a.m. and 7:00 p.m., at which time there will be submitted to the resident qualified voters thereof for their acceptance or rejection, the question of whether to confirm the La Porte Area Water Authority. • Section 3. Said election shall be held at each of the fol- lowing voting places within the La Porte Area Water Authority, and the following named persons are hereby appointed as officers of said election, to-wit; Election Precinct No. 1: All voters living in such Pre- cinct No. 1 (consisting of that portion of the La Porte Area ~•dater Authority which is located north of an imaginary line 900 feet south of and parallel to Avenue "H", and west of the Southern Pacific Railroad) shall vote at the Lomax Elementary School, which is located at 10615 North Avenue "L" in the City of La Porte, Texas, with the following election officers: _ S ra Armand Presiding Judge Jerri Neuman , Alternate Presiding Judge Election Precinct No. 2: All voters living in such pre- cinct No. 2 (consisting of that portion of the La Porte Area Water Authority which is west of Big Island Slough and south of an imaginary line 900 feet south of and parallel to Avenue "H") shall vote at the Baker School Cafetorium, which is located at West Main Street and Underwood Road, La Porte, Texas, with the following election officials: C6 i • Ordinance No. 1282 , Page 7. _ Bertha Cook , Presiding Judge Georgette ~~~ver - Alternate Presiding Judge Election Precinct No. 3: All voters living in such Pre- cinct No. 3 (consisting of that portion of the La Porte Area Water Authority which is enclosed by Big Island Slough, Fairmont Parkway, the Southern Pacific Railroad, and an imaginary line 900 feet south of and parallel to Avenue "H") shall vote at the Fairmont Park Baptist Church, which is located at 10401 • Belfast Road, La Porte, Texas, with the following election officials: _ Ed Ferctuson , Presiding Judge Alternate Presiding Judge Election Precinct No. 4: All voters living in such Pre- cint No. 4 (consisting of that portion of the La Porte Area Water Authority which is east of the Southern Pacific Railroad, north of "B" Street and west of Broadway) shall vote at the DeWalt Special Services Center, which is located at Madison and N. 6th Street, La Porte, Texas, with the following election officials: Lou Lawler , Presiding Judge Ruby Phillips , Alternate Presiding Judge Election Precinct No. 5: All voters living in such Pre- cinct No. 5 (consisting of that portion of the La Porte Area Water Authority which is enclosed by Broadway, Little Cedar Bayou, Galveston Bay, Donaldson Avenue, and Barbour's Cut Boulevard) shall vote at the La Porte Senior High School, which is located at 301 E. Fairmont Parkway, La Porte, Texas, . with the following election officials: C7 • • Ordinance No. 1292 , Page 8. _ D O Laird , Presiding Judge _ A_rb;la Ralston , Alternate Presiding Judge Election Precinct No. 6: All voters living in such Pre- cint No. 6 (consisting of that portion of the La Porte Area Water Authority which is enclosed by the ~n„~-hor„ ~~,,; ~; .. Railroad, Bay, and District) at 604 W. election "B" Street, Broadway, Little Cedar Bayou, Galveston the north line of the Bayshore Municipal Utility shall vote at the La Porte City Hall, which is located Fairmont Parkway, La Porte, Texas, with the following officials: Nadine Jones , Presiding Judge Lois Compton- , Alternate Presiding Judge The Presiding Judge at each of the above specified polling places shall appoint as many clerks as he or she deems necessary for the proper conduct of said election at said polling place, provided that at least two clerks shall be appointed in each case. Section 4. Voting at said election, including absentee voting, shall be by the use of voting machines, and the ballots of said elections shall conform to the Texas Election Code, as ~' amended. Section 5. Absentee voting by personal appearance shall begin on the 10th day and shall continue through the 4th day preceding the day of the election. Except as authorized herein, the clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the . clerk's office, and under no circumstances shall he permit any- one to vote absentee by personal appearance at any time when his office is not open to the public. C8 • Ordinance No. 1282 , Page 9. Absentee voting by mail shall begin on the 10th day pre- ceding the date of the election and shall continue unil ten o'clock A.M. on the second day preceding election day. Absentee voting shall be conducted by a clerk for absentee voting, namely, Lou Lawler , and the place at which the absentee voting shall be conducted is designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots voted by mail may be mailed. Said clerk shall keep said office open for absentee voting during his regular working hours and in any event for at least eight (8) hours on each day which is not a Saturday or Sunday, or an official State holiday. Section 6. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and all absentee voting materials shall be printed in both English and Spanish, or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 7. The City Secretary of the City of La Porte shall forthwith issue Notice of said election by causing a sub- , stantial copy of this Ordinance to be published two consecutive weeks in the BAYSHORE SUN, which is hereby found and declared to be a newspaper of general circulation in said City, the first ` of such publications shall be not less than fourteen (14) days prior to the date of the said election. Section 8. The question shall be submitted for the vote of the qualified electors as follows: FOR the creation of the La Porte Area Water Authority. AGAINST the creation of the La Porte Area Water Authority. C9 • • Ordinance No. 1282 , Page 10. Section 9. Said election shall be hold in accordance with the provisions of the City Charter of the City of La Porte, and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 10. Immediately after said election, the officers holding the same shall make and deliver the returns of the re- sults thereof and the accompanying records for use in the offi- cial canvass to the City Council of the City of La Porte, and • the City Council shall canvass said returns at the earliest practicable time, and shall, immediately after canvassing the returns, declare the results of the election. Section ll. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 12. The City Council officiall finds deter- Y 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 C10 • Ordinance No. 1292 , Page 11. 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 13. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 2nd day of December, 1981. CITY OF LA PORTE By J. J. Meza, Mayor ATTEST: City Secretary APPROVED: ~/~ ' ' City At orney • C11 CITY OF LA PORTE INTER-OFFICE MEMORANDUM T0: Mayer and Co ncil DATE: December 2, 1981 FROM: .~ r H Director of Public Works SUBJECT: p'halt~ ettle Bids The City of La Porte has received a bid for a trailer mounted asphalt kettle from Hi Way Equipment Company in the amount of THREE THOUSAND SEVEN HUNDRED SEVENTY DOLLARS ($3,770.00). Bid invitation was sent to one (1) other supplier, but no bid wasp received. • Prelimanary pricing was done in preparation of the 1981-1982 budget, and the bid received was well below expected price. The two (2) bid invitations sent, were to the only Houston area suppliers. Considering the low amount of the bid, I recommend that the City award the bid to Hi Way Equipment Company for the bid price. If you should have any questions, please advise. JH/me a ,-~ CITY OF LA PORTE INTER-OFFICE MEMORANDUM T0: Coun 'lman Deotis Gay DATE: FROM: J r y Ho Director of Public Works ~~ SUBJECT: tch s ' December 2, 1981 At the present time, we are in the process of getting the Engineering Department to shoot grades on the ditches you requested to be cleaned. As soon as they have the grades staked we will proceed with the cleaning of these ditches, as weather permits. JH/me • •