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HomeMy WebLinkAbout1982-08-04 Regular Meeting La Porte City Counciln MINUTES • OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL AUGUST 4, 1982 1. The meeting was called to order by Mayor Cline at 7:00 P.M. Members of the City Council Present: Mayor Virginia Cline, Councilpersons Norman Malone, Edward Matuszak, Kevin Graves, Lindsay Pfeiffer, Deotis Gay, Don Skelton, Linda Westergren Members of the City Council Absent: Councilperson John Longley Members of the City Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Betty Waters, Director of Public Works Jerry Hodge, Graduate Engineer John Joerns, Director of Administrative Services Bob Herrera Others Present: Dick Bell, Bayshore Sun; Frieda Beaty, Baytown Sun; Jeff Patterson, Southeast Weekly; Dave Corbin, Busch, Hutchison & Associates; Helen Scott; Harold Pfeiffer; Bonnie • Dombroski, La Porte Broadcaster 2. The invocation was given by Councilperson Malone 3. The Council considered the minutes of the Regular Meeting and Public Hearing of the La Porte City Council held July 16, 1982. Councilperson Pfeiffer requested a correction to the minutes: Item 7 - Councilpers~an Pfeiffer abstained from voting on this item. A motion was made by Councilperson Skelton to adopt the minutes as amended. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren, Malone and Mayor Cline Nays: None 4. Mayor Cline proclaimed August 23, 1982 as "Marsha Ralls Day". 5. Helen Scott addressed the Council to request office space for emergency services for Red Cross at City Hall. 6. Harold Pfeiffer asked that Council review and consider the 5 year maintenance fee from developers required in the Subdivision Ord- inance No. 705 - Subsection 11.05, and that some additional plan- ning go into this amendment before passage. Pfeiffer further addressed the proposed sewer line extension and asked that the • Council give this proposal serious thought. 7. Council considered appointing a study committee to update solicitors ordinance. A motion was made by Councilperson Skelton to table • • Minutes, Regular Meeting, La Porte City Council August 4, 1982, Page 2 • appointments until and executive session could be held for further dis- cussion on this committee and the "Annexation Study Committee" on the following item, No. 8. Second by Councilperson Pfeiffer. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren, Malone and Mayor Cline Nays: None • 8. Annexation Study Committee appointment tabled for executive session. 9. Council considered entering into an agreement between City of La Porte and Bill Fleener/James R. Sylvester, Trustees, representing the ownership and development of a certain 75.8 acre tract of land lying within the extra-territorial jurisdiction of the City and in the College View MUD for the construction and dedication of a 24" sewage collection line from the existing Fairmont Treatment Plant to Underwood Road, then North 750' then westerly approximately 3,750' along the said right-of-way to the proposed southerly projection of Canada Street. A motion was made by Councilperson Westergren to accept the proposed 24" sewage collection-line. Second by Councilperson Skelton. A motion was made by Councilperson Matuszak to amend the motion by Wester- gren to state the City of La Porte will accept the donation of a 24" sewage collection line and treat the effluent of the proposed improvements after satisfactory contractural agreements have been completed between the City of La Porte and Bill W. Fleener and James R. Sylvester, Trustees, who represent the ownership and development interest. Second by Councilperson Westergren. The motion to the amendment carried, 8 ayes and 0 nays. Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren, Malone and Mayor Cline Nays: None 10. Council considered a proposed agreement between the City of La Porte and the La Porte Area Water Authority read by City Attorney Askins. The agreement appropriates an advance of $100,000.00 (one hundred thousand dollars) to the Water Authority to be used for studies, planning, preliminary engineering and preparatory work, to enable the Water Authority to carry out its legis- lative mandate. A motion was made by Councilperson Skelton to authorize the Mayor and City ecretary to execute the agreement on behalf of the City. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. • Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren, Malone and Mayor Cline Nays: None • Minutes, Regular Meeting, La Porte City Council August 4, 1982, Page 3 11. Council considered the recommendation from Public Works Director Jerry Hodge concerning the lease of a new Gradall Model G3W Hydraulic Excavator from Hi-Way Equipment Company in the amount of five thousand four hundred dollars ($5,400.00) per month for four months. A motion was made by Councilperson Skelton to approve the recommendation from Hodge concerning rental of new Gradall. Second by Councilperson Matuszak. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren, Malone and Mayor Cline Nays: None • 12. Council considered amending Ordinance 705, Subsection 11.05, "Street Lighting" Section 11, "Engineering and Construction Standards for Subdivisions." A motion was made by Councilperson Skelton to table this ordinance for some revisions to be presented at the next Council meeting. Second by Council- person Malone. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Matuszak, Malone and Mayor Cline Nays: None 13. Consent Agenda: Graves, Pfeiffer, Gay, Skelton, Westergren, A. Council considered awarding the bid for the Multi-Purpose Center bus air conditioner to Van-Air, Inc., 12211 Waters Park Road, Austin, Texas, in the amount of $11,414.00. B. Council considered awarding the bid for a new booster pump, motor, and check valves for Water Well #4 to Pump, Power and Equipment Company in the amount of $5,564.00. C. Council considered the appointment of Special Counsel, Sears and Burns, as hearing examiner for the City of La Porte to hear and report back to City Council on all protests under 40 CFR 35.939 to the completion of the sanitary sewer rehabilitation project. Resolution No. 82-15 A motion was made by Councilperson Westergren to approve items A, B and C of the Consent Agenda. Seconded by Councilperson Matuszak. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren, Malone and Mayor Cline Nays.: None • Minutes, Regular Meeting, La Porte City Council August 4, 1982, Page 4 • 14. Administrative Reports: City Manager Owen reported the 1982-83 Budget would be ready to file with the City Council next week and proposed Saturday August 21, 1982 as a budget workshop beginning at 8:30 A.M. at the Service Center. This met with the Councils approval. 15. Council Action: Councilperson Matuszak ask that the Staff work to clear the walkway across Big Island Slough leading to the Jenny Ried Elementry of weeds and obstacles. Councilper~Qn Graves requested someone to ti.ake a look at the light pole on S. H. 146 in front of the Bay Pointe Townhomes and take some appropriate action to prevent another death at that location. Councilperson Pfeiffer suggested everone avoid Fairmont Parkway for a while because of construction beginning this week. Councilperson Skelton expressed concern about the speeders on Park Street. • Councilperson Malone ask that the street paving priorities be reviewed at the August 18 meeting. Mayor Cline read a letter from Mrs. Park, Head Librian for Harris County Public Libarys. Mrs. Park and County Judge Lindsay expressed their deep and sincere approval of the Citys request to name the La Porte Branch of the Harris County Libary in memory of Edith Wilson. Mayor Cline advised Council she would be attending the Main Street Seminar being conducted in Austin the week of the 9th of August by Community Development. Emergency Addendum: City Attorney Askins read the By-Laws of the La Porte Industrial Development Corporation as amended by the I.D.C. Board. A motion was made by Councilperson Westergren to approve the I.D.C. By-Laws as read, second by Councilperson Graves. The motion carried 8 ayes and 0 nays. Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren, Malone and Mayor Cline. Nays: None 16. A motion was made by Councilperson Skelton to hold an executive • session on a legal and a personnel matter, second by Council- person Malone. The motion carried 8 ayes and 0 nays. Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren, Malone and Mayor Cline Nays: None • Minutes, Regular Meeting, La Porte City Council • August 4, 1982 The Council adjourned into executive session at 7-46 P.M. The Council returned to the Council Table at 8:32 P.M. A motion was made by Councilperson Westergren to appoint Councilpersons Graves and Malone and City Secretary Waters to a committee to revise the Solicitors Ordinance, second by Councilperson Gay. The motion carried 8 Ayes and 0 Nays. Ayes: Councilperson Matuszak, Grammes, Pfeiffer, Gay, Skelton, Westergren, Malone and Mayor Cline Nays: None A motion was made by Councilperson Skelton to appoint 4 Councilpersons to the "Annexation Study Committee" to serve with City Manager Owen and Graduate Engineer Joerns, Councilpersons Graves, Westergren, Matuszak and Gay. The motion was second by Councilperson Malone. The motion carried 8 ayes and 0 nays. Ayes:. Councilperson Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren, Malone and Mayor Cline Nays: None 17. There being no further business to be brought.before the Council, the meeting was duly adjourned at 8:35 P.M. Respectfully submitted: ~-''J` G~~;f/L2/ B tt~T. Waters Citytt//Secretary Passed and approved this the 18th day of August, 1982 /~ ~. Vir nia Cline, Mayor Ci y of La Porte f h. * • American Red Cross Greater Houston Area Chapter Baytown Service Center + 3021 North Main- ~~ 1 Alt ust 1982. Baytown, Texas 77521 g (713) 427-3114 To a7.1 committee members and those interested in lrrork:~.ng ~~~ith us 1'Jhile we are in the process of establishing a.~vritten disaster plan for this area, we thought it might be he]_pful 'to bring everyone up to date v+rith some of the "goings-on"D !. Two meetings were scheduled to recruit volunteers. (attached is a list and a flow-chart together with home and work phone numbersD Volunteers are still. nc,eded far the numerous tasks that ti~rill. reed to be done. If you Y~ave just a little time to give, Red Cross can use you. P7.easc cell any of the ETOlunteer Coordinators (on the list) or the Co--GhairmenD 2.D Training i.n various subjects is essentia7.D First Aid and Personal. Saf~:ty fox our disaster workers and tY~ose interested in becoming Disas- ter Action Team (DAT) .members will. be held on Saturday', August 14, at Firemc;n's Hall (t5t5 ~'JD Barboux•' s Cut Blvd., La Porte) from X3:30 A.l~ to 4:>a PM. Call the Scotts at y.71-53.3 or BBD Corbell 1n th[' Red Cross office in Baytown ~~.t tF4~~..::~ t t 4 or 42?~•t3 t 9 -.for more details an cast af. books and to. make . reserTl'ations D •3D "tVhat if ~omethi ng happens tonight?" This question gust gover. n a17. our planriingD Local disaster headquarters locations are be~.ng sought and • secured. To valur~teer for disaster :vork - unless you called or told otherwise, report to the La Forte City SECretaryss Conference Room (use the vrest doors ), 60t~. Fairmont 1'arl:tivay, I+a For, to D T..f that 1oca~tion is not suitable at that time (for any number of rF~:~sons) our second choice for a disaster headquarters location is the A~_r Tdat'1 GuarL~ Armory, tG~3t I~ain St. (Spencer Highway), a.t tYl.e airport, 1+a ForteD Again, should 'that not be feasible, notiations are underv~ay for a third one, probab7_y the security guard office, second floor of th.e Student Cen- ter, uan Jacinto College, Spencer l~ightiva.y at Luella. in Pasadena.D These locations are for. adriinistering t'rie da.~.aster, riot for h~:4ndling refugees Or V1G'~.1T11~J D ~~ 4D There are of coux•se many aspects to a disaster. and not everyone can ;~osibly cover all. angles. bne Damage Assessment (purvey) training sess~.on has been Meld. A variety of training pragrarns ~~~ill be offered and you are urged to, participate and train for as many as you canA Theca will be ar~nounced shortlyD See the enclosed training sheet for a morn detailed explanation, For the Co--Chairmen, G ~;cott Jere P-9., Dillon Helen N. Cott, Jahnrr--~~ BD ~ ~ La POrt - Q1'~r~}ier in ~Bn`~~17sing Shoreacres ??isaster Services ~iLRICAId RI?D CROSS • UULWI'F.~R DISAST433, ASSIG1Vh4~T!'S The Reel Cross has been assisting disaster victims since 1881. In 1505, the Red Cross • became legally required by Congressional Chartex• (35 U.S. Code 3, Fifth.) to undertake relief activities for the purpose of mitigating the suffering caused by disaster. How- ever, the Red Cross receives no federal funds and rrn.>.st depend upon the generosity of the American public and the participation of vast numbers of volunteers to provide emer- gency mass care and assistance to individuals with disaster-caused needs. This assis- tance is always an outright gift; no repayment is expected. You can beGCSne an important part of the Red Cross disaster relief efforts by becaning a trained disaster volunteer. The following; are assignments available and training time required. )i]RSE 1vGTH 1 Hr. I)UCTION TO DISASI~R SLRVIC>aS (Course # 3065 }- The purpose of this training is to provide basic i.nfor-nation about the Red Cross disaster program. As a result of this training you will know the effects of a disaster on people and the catmunity and the responsibility of Red Cross in alleviating these effects. This orientation is required o:f those who cannot take the formal training courses detailed below, but who wish to help during disaster through a. variety of tasks: mass feeding through our mobile units, clerical tasks, ap clcing and transporting such items as cots, blankets and food. 6 Iirs. .~.T>~R MANAC~rIED1T (Course #3074) -This training prepares you to know the responsi- bilities of the shelter manager, understand the role relationships in a shelter, organize, open, operate, and close a shelter in time of disaster and cope with problems which occur in a shelter. Course IIy~C`~'~?CY ASSISTANCE; T'J FAh9IialES (Course #3072) -This training prepares you to meet 16 Hrs. the emergency needs o; fanulies (primarily food, clothing, health care and shelter) Adified following a disaster. Z'he course is designed to enable the participants to develop iaurse interviewing skil_is, knowledge, attitudes, end .rt'lationship necessary to meet the 4 Hrs. indiviciuai disaster reeds. 3 Hrs. LAf~9AGE ASSEr`SMENT (Course #306?) -- This training .prepares you to conduct a disaster survey, hoyy ;,o obtair: necessary damage ini'ormati.en, and realize the importance of reliable aaY:~L. Trained damage assesszr~ent Vollll7teers are usually activated to do a prelimi.naz;~ ,.=~txrvey within 24 .hours after a disaster has occureed. Then, a house-i.o--r,ouse saa-vey is usually completed irz two or three days. a1.1. %ourse tJ'lSAST•~R WEI~'Ar~E INQUIRY (Course #3035) - T;,rs training prepares you to handle 8 Hrs. icelephcine inquiries from relatives around the country during a disaster. Administerec bdified througl~ our Service to IVlilitaiy Families Department, this system utilizing the TWX ei-sion machine, the Micro-Log car~puter, ham radios and the telephone allows Red Cross to . 1./2-2 Hx~; assist '~n locating individuals in the disaster a:t•ea whose concerned relatives have not been able to reach them. 8 Hrs. .DISASTER ACT'.ION TEAM h~ (D.A.~~~. ; -Disaster Action Team m~nbers are trained in all the above listed areas excep~~ *~~saster tNeifare Inquiries and are on call for disaster one week out of four fran. ~~.3G ~.t•~, t:' '3 i;0 a,r,. These rr~nbers respond to •. a].l sizes of disasters. ~~'IE RELEASE TIh~ PROGRAM - bla:adr area companies and baniss allow time off from • the jc~1 during a major disaster tc assist the Red Cross. Consult your supervisor or the office of Volunteer Personnel at Red Cross for details SIGi~T UP TODAY: CALL LA PORTS/SIiOREACk.{~a/PFGRGAN~S POIT?T DTSASTLR .SLRVIC~?~~ • • MEMORANDUM July 26, 1982 T0: Mayor and Councilmembers FROM: Jack Owen SUBJECT: Request of Bill Fleener for Sewer Extension John Jo erns, Jerry Hodge, David Paulissen, Joe Sease and I met with Bill Fleener, Bob Sylvester, Carlos Smith, and Fred Beck concerning the extension of a sewer to serve the proposed mobile home park. After con- sidering the various factors involved, the staff recommends that the concept of the extension be approved with the following conditions: 1. The line be extended at no cost to the City and be sized to provide service to the adjacent properties. 2. The mobile home park comply with the City of La Porte ordinances for mobile homes. 3. Adequate fire hydrants be provided in accordance with City of La Porte requirements. Since the area is within the ETJ of the City, the staff feels that the City would be better served by permitting the extension rather than see a package sewage plant built in the area. G~~~ Jack Owen JO/cb ~~ ® July 21, 1982 To: Honorable Mayor & Council City of LaPorte , Texas • Comes now. E3i11 W. Fleener and James R. Sylvester, Trustees, re presenting• the ownership and development interest of a certain 75.8 acre tract lying within the extra-territorial jurisdiction of the City of LaPorte and in the College View Municipal Utility District. As the College Uiew Municipal Utility District has neither. the ability nor desire to ' accomodate our• utility needs, we request your consideration of our proposal to purchase sewerage treatment services from the pity of LaPorte as ~n "outside the Corporate Limits Customer" at 15G percent the City Customer Rate .• We propose ~to construct and dedicate the trunk line and appurtnances to serve the needs of our project and other potential users at no cost to the City. The•Standard • • Utility Extension Agreement outlines the fnrmat we wish to use as some reimbursement of initial cost is possible when other users tie-in to those facilities. ,, Plans now indicate the ~•construction of a 24'1 sewerage collection line from the existing Sewer Treatment Plane at Big .island Slough along Fairmont to Underwood Road. From the Underwood and Fairmont Parkway location the lines would go fdorth along Underwood approximately 750' to an existing 60'. wide rightrof-way, when Westerly approximately 3,750' along t{le said .right-of-way to a proposed Squtherly ' projection of Canada Street, a County Road. This line is sized to accomodate„ the projected development of this area.. Funds to pay for the proposed improvments would come from our group. ~~le additionally request coordination of design requirements, route selection for the lines end'~construction inspection ~., for specific design compliances as the lines would become the property of the City. Ue trust y,~ou find tt•le above satisfactory. ~' r, -.. • C~ A G R E E M E N T THE STATE OF TEXAS § COUNTY OF HARRI S § • This Agreement made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "CITY" and the LA PORTE AREA WATER AUTHORITY, a muni- cipal corporation of Harris County, Texas, hereinafter referred to as "AUTHORITY," W I T N E S S E T H: • WHEREAS, AUTHORITY is in need of funds to provide for the pre- liminary planning and engineering, and for general operating purposes, to carry out its legislative mandate. WHEREAS, CITY is able and willing to provide said initial funding advances to AUTHORITY, upon the terms, conditions, and convenants herein contained: NOW, THEREFORE, pursuant to the authority granted by the Inter- local Cooperation Act (Art. 1581h, V.A.T.S.), and in consideration of the mutual covenants, agreements, and benefits to both parties, it is hereby agreed as follows: I. CITY agrees to appropriate and advance to AUTHORITY, from time to time, not to exceed a total cash advance of $ loo,ooo.oo , to be used and ex ended b AUTHORIT for P y Y, studies, planning, pre- liminary engineering, and preparatory work, to carry out its legis- lative mandate. II. AUTHORITY agrees to reimburse CITY for said cash advances, without • interest, when, as, and if, AUTHORITY hereafter sells and delivers its revenue bonds in an amount sufficient to repay CITY. The obligation of AUTHORITY to repay CITY is expressly made subject to the issuance and delivery by AUTHORITY of said revenue bonds, and AUTHORITY shall not be ~~ • -2- otherwise obligated to make such repayment to CITY. WITNESS OUR HANDS and the Seal of CITY and AUTHORITY, as of the 19th day of July, 1982. CITY OF LA PORTE By; • ATTEST: 'C y S re ary Virginia Cline, Mayor ` LA PORTE AREA WATER AUTHORITY By: President ATTEST: • Secretary • Lei • T0: Jack n, C'. FROt~f : Jer odg ~. SUEJECT: Drai age G a~ r' • CITY OF LA FORTE INTER-OFFICE MEMORANDUM DATE: July 21, 1982 ector of Public Works Rental The City of La Porte is actively engaged ir. a comprehensive drainage program. At the present time, one Gradall, a hydraulic excavating machine, is expected to carry out this program, along with every day maintenance and setting new culverts. With down time, emergency work, and setting new culverts, two machines would allow one machine to work on the drainage program at all times. An additional machine is being considered for the 1982-1983 budget year. However, the summer months are the best time of the year for this type of work. With the quantity of work required to cut new ditches, and the number of culverts that will have to be reset or replaced, the drainage program will proceed at a much faster rate if another machine is added. I have received a proposal form the Hi-Way Equipment Company to lease a new Gradall Model G3W Hydraulic Excavator for FIVE THOUSAND FOUF.f[UNDRED DOLLARS ($5,400.00) per month. Purchase price is ONE HUNDRED ONE THOUSAND EIGHT HUPIDRED SEVENTY SEVEN DOLLARS ($101,877.00). The proposal would guarantee four (4) months rental at this price per month, and all paid rentals will be -applied to the purchase, if'~Council elects to purchase the new machine. Bid price for the present 1980 machine was NINETY NINE THOUSAND NINE HUNDRED FIFTY DOLLARS ($99,950.00). This is a difference of ONE THOUSAND NINE HUTIDRED TWENTY SEVEN DOLL!4~?S ($1,927.00) between the old machine and the new machine. The two machines are identical except for color and control features, which have been improved. I recommend that the City lease the new Gradall Model G3W Hydraulic Excavator from Hi-Way Equipment Company in the amount of 'FIVE THOUSAND FOUR HUNDRED DOLLARS ($5,400.00) per month .for four months, and consider applying the rent toward the purchase price of OniE HUNDRED ONE THOUSAND EIGHT HUNDRED SEVENTY SEVEN DOLLARS ($101,877.00) at the end of the four months, if the proposed budget is adopted. If you should. have any questions, please advise. JH/me -- ~ ~ • • ORDINANCE NO. 705- AN ORDINANCE AMENDING SUBSECTION 11.05, "STREET LIGHTING," SECTION 11, "ENGINEERING AND CONSTRUCTION STANDARDS FOR SUB- DIVISIONS," OF ORDINANCE NO. 705 (AN ORDINANCE PROVIDING RULES AND REGULATIONS GOVERNING THE PLATTING OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA PORTE AND WITHIN THE EXTRA- TERRITORIAL JURISDICTION OF THE CITY OF LA PORTE); PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); CONTAINING SEVERABILITY AND REPEALING CLAUSES; FINDING COM- PLIANCE 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. Subsection 11.05, "Street Lighting," of Section 11, "Engineering and Construction Standards for Subdivisions," of Ordinance~No. 705 of the City of La Porte, is hereby amended to read as follows, to-wit: "11.05 STREET LIGHTING. Street lighting on all streets and at all street intersections and cul-de-sacs shall conform to the latest edition of the Illuminating Engineering Society Handbook. Round tapered standards with bracket arms shall be used. Lighting levels are recommended for very light traffic, medium traffic on feeder streets, and heavy traffic on thorough- fares. "It is the present policy of the Houston Lighting and Power Company to accept orders only from the City for electric street lights to be installed within the city limits. Accord- ingly, the developer or owner of the land to be subdivided, or land which has been subdivided, within the city limits, shall make application for electric street lights to the City. Such application shall be accompanied by a copy of the plat of the subdivision, showing thereon the requested location(s) of the electric street lights. The application shall also be accompanied by the developer's or owner's payment to the City of La Porte of the sum of Two Hundred Fifty Dollars ($250.00), or such fee as may be established from time to time by Houston Lighting and Power Company, for each requested electric street light standard, to reimburse the City for the installation fee charged by Houston Lighting and Power Company for the installa- tion of each electric street light standard. A further payment by the developer or owner shall accompany the application to the City of La Porte, in the amount of One Hundred Fifty Dollars ($150.00), or such fee as may be established from time to time by Houston Lighting and Power Company, for each requested electric street light standard, to reimburse the City for the operational cost of the street light for the first five (5) years of said street light's existence. Upon approval of the • location of the street light locations by the City Engineer, the City will place an order for the installation of the electric street lights with Houston Lighting and Power Company. y1 1 ~~ z" ~ • ~, • Ordinance No. 705- , Page 2. • "Owners and developers of land situated outside of the city limits may continue to deal directly with Houston Lighting and Power Company for street light installation." Section 2. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of the ordi- nance, shall be deemed guilty of a misdemeanor and upon convic- tion shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 3. 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 4. All ordinances or parts of ordinances in con- flict herewith are hereby repealed to the extent of conflict only. Section 5. This Ordinance shall be effective fourteen • 14 da s after its assa e and a royal. The Cit Secretar () Y P g pP Y Y shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. • Section 6. The City Council officially finds, deter- mines, recites and declares that a sufficient written notice ~z .. ~ ~. Ordinance No. 705- Page 3. 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. PASSED AND APPROVED this the 16th day of June, 1982. CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: City Secretary r~ L APPROVED: ~~2 ~~ City Attorney • ~~ • CITY OF LA PORTE . INTER-OFFICE MEMORANDUM TO: Jack Owen, City Manager DATE: July 19, 1982 FROM: Stan Sherwood, Director Parks & Recreation SUBJECT: Bus Air-Conditioner On July 19, 1982, we received one (1) bid for air-conditioning of the Multi-Purpose Center bus. The one (1) bid was from Van-Air Inc., 12211 Waters Park Road, Austin, TX. The bid submitted was for $10,469.00. An alternate bid was submitted in the amount of $11,414.00. The additional cost of the alternate bid was for a luggage rack with an airduct system mounted above the passangers head, instead of a corner airduct system for the bus. The $11,414.00 bid is under the budgeted amount that the City of La Porte has budgeted for this air-conditioning. Therefore, it is my recommendation that we award the bid to Van-Air Inc., for the amount of $11,414.00. In reviewing the specifications, Van-Air Inc. has met all specifica- tions that were bid. Any further questions, please feel free to call. • • ~~ i ~/. • • 'rl: 1'L : il0i•!UIL1liI.G ALIYOR :1\i) (:~)I:P:CI ! 1.:~ hor.•ri:., •rc~ns >l .~' '~ ~ ! i l~::U~-: C~!:•!i'::::1' Yan-Air. Inc. ~:l)t~l.!~ ~ 12211 Waters Park Rd. (:L'I'Y, .~'!':1'::. Austin TX 78759__ . . _._U!til:l:ll'~()`1•--•--_.._-------•----- ~ .:..1!` !. :; i i'i(ll:i: ~ Ll'!'..!. Ai'r conditioning system 'attached•. with standard ORstyle) ducting • ~ I as per ~ ; : 1 ~10,469~ X10.469 (corner :' ; ., ~ ~ I as above with :Luggage rack style duc t. ~ ~ $11.414 ~ 11 ~ 414 ~; ;, i , Unit wi1:1 require three (3) days ! installation time. Installation wi'l'l; ~ i take place at the City of LaPort I Service Center. I i i I ' ~ ~ ~: ~,~ ~ . ~, ,~ , . .~ I'.' I i 1!!•:UL•:!(5'ri)l~U r1Up Ac~l:i'1:U '1'1!:1'1' '!'lll•: :1I?(~l~li I; i•:~:i;it I !;i•:tJ, f'I'I:?:, :!,~.1'i:i~ i:1l., :1.`vll~:li: T'!ll!):'::I::~'~', S!{ALI. CARItI' 1'1!!: ti'1'~1;1U:11tU l•!Ai~!(.1i'1'S' l)!•' 'll!': ~!i~:!l' ',•'.~. ..'' ~.. . .i'i. ~' :., .;:;i) !!l 111:1.. :i•:i•.11 (J:. 5l'rF. !i,' ACCJ)Itl)A~!CR t;l'r!1 'rill: ~7"('ACIII:U S1'i:(:rF'l~:Al'!~JPlS i`!, 49_ C,11''i: i~O!' :'ll!: ~•;:~; r)l~ :'..see above ___- noi.l.:~!(sr from date of issuance of purchase order. '!'!2!: I~::;)l:12~ ! (.?:I:D (:!?it'L'r I':t•:.. 1'i1:1'!' '!'Ill: !? [ I) i'!(I LL: (:U::'1':1 I `;!:!) l;: '!'i!l: !'(!!:!:(:i)I;:•!:; :''i:U:'(; ' ..: •. i. . :1:1ti !.l{!•:V (:ARliI•'ULLY CIII~:CF;EI) ,1PlU TS Slli~"I I'1"l'f:J I ~, !:l•i'i.l 1:.1'1'.. ::5 (:Urt:'.!' 1i) " ... .c•r ,; !~ ! ..:•~. 1. 'ra'y s 6TH u~~Y ~)r• Ju~1~r _ L ., 82 Yan-Air, Inc. • F.Z . w BID SPECIFICATIONS MODEL 72~2d y • FOR 72,000 BTU INDEPENDENT DIESEL ENGINE POWERED ' AIR CONDITIONING SYS`1'EM ® General Specifications: The air conditioning system shall be powered by an independent auxiliary diesel engine and shall have a, rated output capacity of 72,000 BTU at 95o ambient, independent of the bus engine speed. Engine-Compressor Unit: The compressor shall be twin flat-mounted Tecumseh Model H.G. 1000, or equal, with a cubic capacity (displacement) of 20.6 cu. in. (337 cu. cm.) and shall be driven by a V-belt from the auxiliary engine at 2200 RPM. The compressor shall be equipped with electric clutchs. .One compressor operates continuously. The:..second compressor is controlled by a thermostat. The auxiliary engine shall be a three-cylinder, water cooled Yanmar , industrial diesel engine operating at 3000 RPM. The auxiliary engine `~ shall be connected to the bus electrical system for ~starting.~ The auxiliary engine shall have dual controls: one set of controls located• within easy reach of the driver and another set of controls at the engine-compressor unit for convenience and safety during service and maintenance. The engine-compressor unit shall be mounted in the skirt of the bus in a space 63" long (157.5 cm.); 24" high (60 cm.); 27}" depth (68.75 cm) .~ ' Electrical Power Supply: The air conditioning system components shall be powe~r.ed by a 60 amp, 24 volt alternator driven by the auxiliary engine. The auxiliary engine shall be connected to the battery of the vehicle for starting. Condenser: The condenser shall be aluminum fin-copper tubing rectangular coil with one 18" axial fan powered by the auxiliary engine to provide an air flow of 4200 CFM through the condenser. The condenser assembly shall be incorporated into the engine compressor unit. The condenser fan shall draw fresh air from the outside of the bus rather than dirty air from underneath the vehicle. Evaporator: Two evaporator assemblies shall be provided, with one evaporator assembly incorporated into the air duct on each side of the passenger compartment. The evaporator assembly shall be designed to draw in heated air above the level where cool air is distributed to utilize natural air flow for maximum efficiency and effective cooling. Each evaporator shall have two 8" axial fans (10" on LR duct) powered by 1/4 H.P., 24 volt D.C. motors with an airflow of at least 1100 CFM each. The aluminum fin-copper tubing rectangular coil shall be protected from dirt by a washable foam-type filter. Eacli evaporator shall have an externally equalized thermostatic expansion valve. ' Filter/Dryer: A high capacity filter/dryer shall be incorporated in the air conditioning system to remove moisture from the refrigerant. Receiver: The receiver shall ]lave a capacity equal to the R-12. refrig- erant charge required for the system. G3 CITY OF LA PORTS • IN'II;R-OFFICE MEMORANDUM TO: Mayor & City Council DATE: 7-30-82 FROM: Jack Owen, City Manager Q% N. SUBJECT: Booster Pump and Check Valve On July 23, 1982 the City opened sealed bids for a new booster pump, motor, and check valves for Water Well #4. 'T'his is a budgeted item in our Water and Wastewater Fund. We have budgeted $8,500.00 in account 804-909 for this capital expenditure. I am attaching a letter of rec.ndation and bid tabulation frcen our Purchasing Agent on the opening. I concur with his rec.ndation on accepting law bid by Pump, Power, and Equipment Company for the amount of $5,564.00 I ask for your favorable consideration in this matter. • • G/ • • CITY OF LA PORTE INTER OFFICE r1EMORANDUM T0: Bob Herrera DATE: July 27, 1982 FROM: J. Ray - L. Maxey SUBJECT: Bid Tabulation, "Booster Pump and Check Valves" Attached you will find the bid tabulation for "Booster Pump and Check Valves". Bid packages were mailed to four vendors and all vendors responded. The Purchasing Division in conjunction with Luther Maxey, Water and Wastewater Superintendent, hereby recommend acceptance of the low bid by Pump, Power and Equipment Company on the basis of price and quality. . LJe trust you will concur with this recommendation. ,, ~ '\ ` \ q r J. Ray 7 ° j/( L . Max ey (ti/l(( /va • (s-~, Specifications 72,00 BTU A/C System ® Page 2 Refrigerant: The air conditioning system shall operate with R-12 refrigerant and shall have a system capacity of 18-20 lbs. of Freon. ., Cool Air Ducts: Select ONE: Corner Duct•~r Luggage Rack Duct. ONE: Fuel tank, size 18 gal. or larger ONE: Fuel sending unit Corner Ducts: The air distribution ducts shall be 1/8" ABS plastic formed with one open side for mounting in the upper corners of the bus • body to form an enclosed air duct on each side of the bus the full length of the passenger compartment. Rotating 2~" diameter louver ball air outlets to control and direct the flow of~cooled air shall be installed for the comfort of individual passengers and driver. The color of the corner ducts shall be (select one): Beige, light green, or black (standard). The installed weight of the air conditioning system with corner ducts shall be approximately 875 lbs. (~~ System Controls: The air condition system shall be controlled by a ' control panel installed within easy reach of the bus driver. The control pan~l•shall have on-off switch, thermostat temperature control, and • auxiliary engine start and stop controls, and oil pressure warning light. Safety Devices: The air conditioning system shall be protected by a low pressure Freon switch, low pressure oil switch, and a fuseable plug at the receiver. Installation: The air conditioning system shall be designed for easy installation in the bus body, using pre-charged refrigerant hoses with quick disconnect hose connections. The system shall be pre-wired with quick couple connections. The refrigerant hoses shall be covered in the passenger compartment with molded ABS plastic covers designed to match air ducts. The air conditioning system shall be installed by vendor. Manuals: A manual detailing service and maintenance procedures for the auxiliary engine and air conditioning system shall be delivered with each unit. Warranty: The air conditioning system shall be guaranteed against defects in materials and workmanship for a period of 500 hours or 120 days by the manufacturer. *Specifications subject to change without notice. Customers will be advised of specification changes affecting installation or performance. • F~ Bid Tabulation: u Booster Pump and Check Valves Pump, Power Cron & Equip. Equipment Company Company TreZro, Inc . Francis Service 1 Sales 1. Booster Pump __ ____ $4,272.00 ~6 182_.__00_ _990__,_00 6 250.00__ _ _~_ _~ 2. Check Valves (total) $1,292.00 $1,574.00 $21250.00 _ No bid _ _ ,__ 3. Delivery Time 70 des 35 days 35 da s _18-20 wks. ____~ 4. Total $5,564.00 $7,756.00 $7,240.00 $6,250.00__ ____ *Recommended vendor __ ~ ___.~ ___ _--___ _.-_.-_. ___~__-_-____ . __ _-. __ `___ _~_ __ I . ~~.-_ I ~ ~ G3 T I _..-. ~.~ _ _ -___ i__,~____- ____ ____~_ -,~ • • HARRIS COUNTY PUBLIC LIBRARY 49 San Jacinto, Suite 200 Houston, Texas 77002 713-221-5350 August 2, 1982 CATHERINE S. PARK County Librarian Honorable Virginia Cline, Mayor City of LaPorte P.0. Box 1115 LaPorte, Texas 77571 Dear Mayor Cline: Harris County has no objections to naming the LaPorte Branch Library in memory of Edith Wilson. Commissioner Fonteno and I would be pleased if the city of LaPorte a~ould proceed with the necessary actions to make this recommendation official. I personally had the pleasure of working with Edith Wilson and I commend the City of LaPorte for recognizing her achievements and honoring her memory in such a grand way. • Thank you very much for consulting Harris County on this matter. I certainly appreciate the City of LaPorte's help and cooperation in providing the best possible library service to the citizens of LaPorte and Harris County. Please let Commissioner Fonteno and I know when the ceremony renaming the building will be held. If I can be of further service, please advise me. Sincerely, ~. Catherine S. Park County Librarian CSP/d1 b cc: Commissioner Jim Fonteno Jo Hofstetter, LaPorte Branch Librarian • • BYLAWS OF THE CITY OF LA PORTE INDUSTRIAL DEVELOPMENT CORPORATION ARTICLE I POWERS AND PURPOSES Section 1. Financing of Industrial Development Projects. In order to implement the purposes for which the Corporation was formed as set forth in the Articles of Incorporation, the Corporation shall issue obligations to finance all or part of the cost of one or more projects pursuant to the provisions of the Development Corporation Act of 1979, Article 5190.6, Vernon's Annotated Texas Civil Statutes, as amended (the "Act"). Section 2. Conditions Precedent to Issuance of Obli- gations. The Corporation shall not issue any obligations unless: 1) The City Council (the "Governing Body") of the City of La Porte (the "Unit") has approved by written resolu- . tion, adopted no more than sixty (60) days prior to the date of delivery of the obligations, the resolution of the Corporation providing for the issuance of the obli- gations; and 2) The Texas Industrial Commission, or the executive director thereof, has approved the contents of any lease, sale or loan agreement made by the Corporation under the Act in connection with the issuance of obligations by affirmatively finding that the project sought to be financed is in furtherance of the public purposes of the Act. Section 3. Books and Records; Approval of Programs and Financial Statements. The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its Board of Directors (the "Board of Directors") and committees having any of the author- ity of the Board of Directors. All books and records of the Corporation may be inspected by any director or his agent or attorney for any proper purpose at any reasonable time; and at all times the Governing Body will have access to the books • • • and records of the Cor oration. The Unit shall be entitled P to approve all programs and expenditures of the Corporation and annually review any financial statements of the Corpora- tion. Section 4. Nonprofit Corporation. The Corporation shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation, except that in the event the Board of Directors shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the Corporation issued to finance all or part of the cost of a project, then any net earnings of the Corporation thereafter accruing with respect to said project shall be paid to the Unit. ARTICLE II BOARD OF DIRECTORS Section 1. Powers, Number and Term of Office. The property and affairs of the Corporation shall be managed and controlled by the Board of Directors and, subject to the _ restrictions imposed by law, the Articles of Incorporation • and these Bylaws, the Board of Directors shall exercise all of the powers of the Corporation. The Board of Directors shall consist of GP~TPn (~) directors, each of whom shall be appointed by the Governing Body. The directors constituting the first Board of Directors shall be those directors named in the Articles of Incorpora- tion, each of whom shall serve for six (6) years or until his or her successor is appointed as hereinafter provided. Sub- sequent directors shall hold office for a term of six (6) years or until their successors are appointed as hereinafter provided. Any director may be removed from office, by the Govern- ing Body, for cause or at will. Section 2. Meetings of Directors. The directors may hold their meetings at such place or places in the State of Texas, as the Board of Directors may from time to time deter- mine; provided, however, in the absence of any such determin- ation by the Board of Directors, the meetings shall be held -2- • • at the registered office of the Corporation in the State of Texas. Section 3. Regular Meetings. Regular Meetings of the Board o Directors shall be held without necessity of notice at such times and places as shall be designated, from time to time, by resolution of the Board of Directors. Section 4. Special Meetings. Special Meetings of the Boarder D ri ectors sha a el whenever called by the pres- ident, by the secretary, by a majority of the directors for the time being in office or upon advice of or request by the Governing Body. The secretary shall give notice to each director of each Special Meeting in person, or by mail, telephone or telegraph, at least forty-eight (48) hours before the meeting. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a Special Meeting. At any meeting at which every director shall be present, even though without any notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon. • Section 5. Quorum. A majority of the directors fixed by the Articles o~ Incorporation shall constitute a quorum for the consideration of matters pertaining to the purposes . of the Corporation. The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board of Directors, unless the act of a greater number is required by law. Section 6. Conduct of Business. At the meetings of the Board of Directors, matters pertaining to the purposes of the Corporation shall be considered in such order as from time to time the Board of Directors may determine. At all meetings of the Board of Directors, the president shall preside, and in the absence of the president, the vice president shall exercise the powers of the president. The secretary of the Corporation shall act as secretary of all meetings of the Board of Directors, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. • -3- • • Section 7. Executive Committee. The Board of Direc- tors, by resolution passed by a majority of the directors in office, may designate two or more directors to constitute an executive committee, which committee, to the extent provided in such resolution, shall have and may exercise all of the authority of the Board of Directors in the management of the Corporation, except where action of the Board of Directors is specified by law. The executive committee shall act in the manner provided in such resolution. The executive committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the office of the Corpora- tion, and shall report the same to the Board of Directors from time to time. Section 8. Compensation of Directors. Directors as such shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder. ARTICLE III OFFICERS • Section 1. Titles and Term of Office. The officers of the Corporation shall be a president, a vice president, a secretary and a treasurer, and such other officers as the Board of Directors may from time to time elect or appoint. One person may hold more than one office, except that the president shall not hold the office of secretary. Terms of office shall not exceed three years. All officers shall be subject to removal from office, with or without cause, at any time by a vote of a majority of the entire Board of Directors. A vacancy in the office of any officer shall be filled by a vote of a majority of the directors. Section 2. Powers and Duties of the President. The president shall be the chief executive officer of the Corpo- ration and, subject to the Board of Directors, shall be in general charge of the properties and affairs of the Corpora- tion; shall preside at all meetings of the Board of Directors; and in furtherance of the purposes of the Corporation, may sign and execute all contracts, conveyances, franchises, r~ L -4- • eeds assi ents mort a es notes and other instru- bonds , d gran g g , ments in the name of the Corporation. Section 3. Vice President. The vice president shall have such powers and duties as may be assigned by the Board of Directors and shall exercise the powers of the president during that officer's absence or inability to act. Any action taken by the vice president in the performance of the duties of the president shall be conclusive evidence of the absence or inability to act of the president at the time such action was taken. Section 4. Treasurer. The treasurer shall have custody of all the funds and securities of-the Corporation which come into such treasurer's hands. When necessary or proper, the treasurer may endorse, on behalf of the Corporation, for collection, checks, notes and other obligations and shall deposit the same to the credit 'of the Corporation in such bank or banks or depositories as shall be designated in the manner prescribed by the Board of Directors; may sign all receipts and vouchers for payment made to the Corporation, either alone or jointly with such other officer as is desig- nated by the Board of Directors; whenever required by the __ Board of Directors, shall render a statement of the cash account; shall enter or cause to be entered regularly in the books of the Corporation to be kept by the treasurer for that purpose full and accurate accounts of all monies received and paid out on account of the Corporation; shall perform all acts incident to the position of treasurer subject to the' control of the Board of Directors; and shall, if required by the Board of Directors, give such bond for .the faithful dis- _ charge of his or her duties in such form as the Board of Directors may require. Section 5. Secretary. The secretary shall keep the minutes of all meetings of the Board of Directors in books provided for that purpose; shall attend to the giving and serving of all notices; in furtherance of the purposes of this Corporation, may sign with the president in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, assign- ments, mortgages, notes and other instruments of the Corpo- ration; shall have charge of the corporate books, records, documents and instruments, except the books of account and financial records and securities of which the treasurer shall have custody and charge, and such other books and papers as the Board of Directors may direct, all of which shall at all • -5- • • reasonable times be open to inspection upon application at the office of the Corporation during business hours; and shall in general perform all duties incident to the office of secretary subject to the control of the Board of Directors. Section 6. Compensation. Officers as such shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses in- curred in the performance of their duties hereunder. ARTICLE IV PROVISIONS REGARDING ARTICLES OF INCORPORATION AND BYLAWS Section 1. Effective Date. These Bylaws shall become effective only upon the occurrence of the following events: (1) the approval of these Bylaws by the Governing Body; and (2) the adoption of these Bylaws by the Board of Direc- tors. • ~ Section 2. Amendments to Articles of Incorporation and Bylaws. The Articles of Incorporation may at any time and from time to time be amended, provided that the Board of Directors files with the Governing Body a written application requesting that the Governing Body approve such amendment to the Articles of Incorporation, specifying in such application the amendment or amendments proposed to be made. If the Governing Body by appropriate resolution finds and determines that it is advisable that the proposed amendment be made, authorizes the same to be made and approves the form of the proposed amendment, the Board of Directors shall proceed to amend the Articles as provided in the Act. The Articles of Incorporation may also be amended at any time by the Governing Body at its sole discretion by adopting an amendment to the Articles of Incorporation of the Corpora- tion by resolution of the Governing Body and delivering the Articles of Amendment to the Secretary of State as provided in the Act. These Bylaws may be amended by majority vote of the Board of Directors. • -6- • LJ a Section 3. Inte retation of B laws. These Bylaws and all the terms and provEisions hereof shall be liberally con- strued to effectuate the purposes set forth herein. If any word, phrase, clause, sentence, paragraph, section or other part of these Bylaws, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconsti- tutional by any court of competent jurisdiction, the remainder of these Bylaws and the application of such word, phrase, clause, sentence, paragraph, section or other part of these Bylaws to any other person or circumstance shall not be affected thereby. ARTICLE V GENERAL PROVISIONS Section 1. Principal Office. The principal office of the Corporation shall be located in La Porte Texas. The Corporation shall have and continuously maintain in the State of Texas (the "State") a registered office, and a registered agent whose business office is identical with such registered office, as required by the Act. The registered office may be, but need not be, identical with the principal • office in the State, and the address of the registered office may be changed from time to time by the Board of Directors, pursuant to the requirements of the Act. Section 2. Fiscal Year. The fiscal year of the Corpo- ration shall be as determined by the Board of Directors. Section 3. Seal. The seal of the Corporation shall be as determined by the Board of Directors. Section 4. Notice and Waiver of Notice. Whenever any notice whatsoever is required to be given under the provi- sions of the Act, the Articles of Incorporation or these Bylaws, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed post- paid wrapper addressed to the person entitled thereto at his post office address, as it appears on the books of the Corpor- ation, and such notice shall be deemed to have been given on the day of such mailing. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Neither • -7- • • the business to be transacted at nor the purpose of any Regular or Special Meeting of the Board of Directors need be specified in the notice or waiver of notice of such meeting, unless required by the Board of Directors. A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Section 5. Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if no time be specified, at the time of its receipt by the presi- dent or secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so pro- vided in the resignation. Section 6. Action Without a Meeting of Directors or Committees. Any action which may be taken at a meeting of the Board of Directors or of any committee may be taken with- out a meeting if a consent in writing, setting forth the action to be taken, shall be signed by all of the directors, or all of the members of the committee, as the case may be. Such consent shall have the same force and effect as a unani- mous vote and may be stated as such in any articles or docu- • ment filed with the Secretary of State, the Texas Industrial Commission or any other person. Section 7. Approval or Advice and Consent of the Governing Body. To the extent that these Bylaws refer to any approval by the Unit or refer to advice and consent by the Unit, such advice and consent shall be evidenced by a certi- fied copy of a resolution, ordinance or motion duly adopted - by the Governing Body. Section 8. Organizational Control. The Unit may, at its sole discretion, and at any time, alter or change the structure, organization, programs or activities of the Corpor- ation (including the power to terminate the Corporation), subject to any limitation on the impairment of contracts entered into by such Corporation. Section 9: Dissolution of the Corporation. Upon dis- solution of the Corporation, title to or other interests in any real or personal property owned by the Corporation at such time shall vest in the Unit. • -8- • Section 10. Indemnification of Officers and Directors. The Corporation sha 1 indemni y any director or o icer or former director or officer of the Corporation for expenses and costs (including attorneys' fees) actually and necessarily in- curred by him in connection with any claim asserted against him by action in court or otherwise by reason of his being or having been such director or officer, except in relation to matters as to which he shall have been guilty of negligence or misconduct in respect of the matter in which indemnity is sought. C, -9- • • • I. Secretary of CITY OF LA PORTE INDUSTRIAL DEVELOPMENT CORPORATION, certify that the above and foregoing is a true and correct copy of the by-laws adopted by the Board of Directors of such corporation at the first meeting thereof held on the day of 1982. cretary • -10-