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HomeMy WebLinkAbout1983-04-06 Regular Meeting La Porte City Council~ ~ • MINUTE S OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL APRIL 6, 1983 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, John Longley, Ed Matuszak, Kevin Graves, Lindsay Pfeiffer, Deotis Gay, Don Skelton Linda Westergren Members of the City Council Absent: None Members of the City Staff Present: City Manager Jack Owen, City Secretary Betty T. Waters, City Attorney Knox Askins, Director of Administrative Services Bob Herrera, Director of Pudic Works Jerry Hodge, Building Official David Paulissen, Fire Chief Joe Sease, Director of Parks and Recreation Stanley Sherwood, Judge J. B. Williamson, Chief of Police Herb Freeman • Others Present: Frieda Beaty, Baytown Sun; Melissa Lestarjette, Bayshore Sun; David Wade, Bayshore Sun; 59 interested citizens. 2. The invocation was given by City Attorney Askins. 3. The Council considered the minutes of the Regular Meeting of the La Porte City Council held March 16, 1983. A correction to the minutes was requested by Councilperson Deotis Gay to Item 20, Councilperson Malone. Councilperson Gay requested the sentence, "This met with a nod of approval from Council" b.e struck from the minutes. A motion was made by Councilperson Skelton to accept the minutes as corrected. Second by Councilperson Gay. T e motion carried, 9 ayes and O nays. Ayes: Councilpersons Malone, Longley,~ Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 4. The City Council canvassed the returns of the 1983 General City of La Porte Election. The City Attorney read: AN ORDINANCE DECLARING THE RESULTS OF THE REGULAR ELECTION HELD • IN THE CITY OF LA PORTE ON APRIL 2, 1983, FOR THE ELECTION OF A COUNCILPERSON DISTRICT 4; COUNCILPERSON DISTRICT 5: AND COUNCIL- PERSON-AT-LARGE POSITION A" • Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 2 This election resulted in the election of the following named persons: Councilperson District 4 - Deotis Gay Councilperson District 5 - B. Don Skelton Councilperson-at-Large Position A - Kevin Graves A motion was made b Councilperson Pfeiffer to approve and adopt Ordinance No. 1359 as read b t e City Attorney. Second by Councilperson Longley. T e motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 5. The Oath of Office was at this time administered by Judge J. B. Williamson to Councilperson District 5, B. Don Skelton. The Oath of Office was given to Councilperson District 4 Deotis Gay and Councilperson-at-Large Position A, Kevin Graves, • by Mayor Cline. 6. Mayor Cline recognized the January City of La Porte employee of the month, Lori Regelbrugge, a recreation therapist who runs the program for the handicapped; and for February, Sam L. Knowles, warehouseman, who has not missed a day's work for sickness or family emergency since he was hired September 30,.1981. 7. Mrs. Jennie Riley, who was to address the Council concerning the North Side Civic Center, was not present due to her recent illness. 8. Ernest Attwell of Gulf Coast Community Services, was not present. 9. Linda Edge called earlier to ask to be excused, ,since she would be out of town. 10. Speaking for A. J. Christ, Mr. Cary Burnley addressed the Council. Mr. Burnley asked that the Council take immediate action to either annex the College View Municipal Utility District or to release them from the La Porte E.T.J. to enable Pasadena to annex the District. Burnley was told the annexation committee would meet Friday, April 8 at 4:00 P.M. 11. City Attorney Askins read: AN ORDINANCE AMENDING ORDINANCE N0. 1134 VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK ONE THOUSAND ONE HUNDRED AND THIRTEEN (IT13), IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS ~ ~ • Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 3 A motion was made by Councilperson Pfeiffer to approve and adopt Ordinance No. 1134-A as read. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes;. Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 12. City Attorney Askins read: AN ORDINANCE VACATING, ABANDONING AND CLOSING ALL OF THE ALLEYS IN BLOCK SEVEN HUNDRED THIRTY- THREE (733) AND SEVEN HUNDRED THIRTY-FOUR (734), TN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS A motion was made by Councilperson Matuszak to table action on the ordinance as read until utility verifications have been made with the proper au orities. Second by Councilperson Longley. The motion carried, 8 ayes and l nay. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, .and Mayor Cline Nays: Councilperson Westergren 13. Council considered information concerning Water Well #5 (25th Street). After reviewing the information concerning the need for repairs, Council considered declaring an emergency. A motion was made by Councilperson Skelton to declare an ezner- gency on the 25th Street-Water We au prize Layne Texas Water Well Company to do the needed repairs, and allocating $12,000 from the Water and Sewer Contingency to ma e t e repairs. Second by Counci person Graves. T e motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 14. City Attorney Askins read: AN ORDINANCE AMENDING CHAPTER 4 1/2, ARTICLE 1, SECTION 4 1/2-l, ET. SEQ. OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, ADDING DEFINITIONS OF SCHOOL YEAR AND SUMMER, AND AMENDING THE DEFINITION OF GAME HALL; FURTHER AMENDING CHAPTER 4 1/2, ARTICLE 1, SECTION 4 1/2-18, BY CHANGING THE HOURS OF OPERATION THAT GAME HALLS P,S DEFINED MAY REMAIN OPEN, AND RESTRICTING THE HOURS OF OPERATION OF ANY SKILL OR PLEASURE ORIENTED COIN OPERATED MACHINE IN COMMERCIAL ESTABLISH- MENTS; ADDING A NEW SECTION TO CHAPTER 4 1/2, ARTICLE I, BEING SECTION 4 1/2-27, SAID NEW SECTION REQUIRING A NOTICE TO BE • Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 4 CONSPICUOUSLY PLACED ON ALL SKILL OR PLEASURE ORIENTED COIN OPERATED MACHINES DESIGNATING THE HOURS SAID MACHINES ARE TO BE USED BY MINORS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDE- MEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); CONTAINING A SEVERABILTIY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF A motion was made and ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None • City Attorney Askins advised the City Manager the City should proceed to have the required notices prepared and placed on game machines. Council asked that a future workshop item be to discuss game machine policy for North Side Civic Center. 15. Council considered bids received for annual contract on liquid asphalt, emulsions and cut. back asphalt. A motion was made to sward the bid to Gulf States, Inc., b Counci person S e ton. Secon y Counci person Longley. Th motion Carrie , 8 ayes and 0 nays. Councilperson Westergren was temporarily away from the Council table. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton and Mayor Cline Nays: None 16. Council considered a request from purchasing to negotiate a fixed price agreement for crack sealing material. A motion was made by Councilperson Matuszak to permit the Purc~iasTing Department to negotiate with S e ler's, Inc., to execute a formal fixed price agreement .for a pure ase of crac sealing material. Second y Councilperson Westergren. T~ motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, • Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None • • Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 5 17. City Attorney Askins read two ordinances dealing with on- premise consumption of beer at 2199 Underwood Road. The two ordinances shall be tagged "J-2" and "J-5" for identi- fication purposes. The differences in the two ordinances being Section 1, (4), concerning required audits. J-2 would provide that the Building Official, upon receiving a complaint could require a verified audit showing gross .income from alcoholic beverages and from the sale of food, not to exceed two audits a year. J-5 states the licensee shall furnish the City Secretary with a verified audit within 45 days of the close of the calendar year showing the gross income re- ceived from the sale of alcoholic beverages and from the sale of food. A motion was made to approve Ordinance J-5 by Councilperson Matuszak. Second by Councilperson Malone. T e motion failed, 4 ayes and 5 nays. Ayes: Councilpersons Malone, Longley, Matuszak and Mayor Cline Nays: Councilpersons Graves, Pfeiffer, .Gay, Skelton and Westergren • A motion was made b Council erson Pfeiffer. to a rove Ordi- nance J-2. Secon y Councilperson Graves. The motion car- ried, 8 ayes and 1 nay. Ayes: Councilpersons Malone, Longley, Graves, .Pfeiffer, ,Gay, Skelton, Westergren and Mayor Cline Nays: Councilperson Matuszak City Attorney Askins read: AN ORDINANCE AMENDING ORDINANCE NO. 1100 OF THE CITY OF LA FORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING: PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTH- ORITY; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; DEFINING RESTAURANT; GRANTING A PERMIT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF A motion was made by. Councilperson Pfeiffer to approve and adopt Ordinance No. 1000-P as read by the City Attorney, granting an on premise beer permit to Sweet Pea's Po Boy an Sandwic S oppe at 2199 Underwood Road. Second by Council- person Gay. T e motion carried, 6 ayes and 3 nays. • Ayes: Councilpersons Longley, Graves, Pfeiffer, Gay, and Westergren Nays: Councilpersons Malone, Matuszak -and Mayor Cline ~ ~ • Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 6 18. Council considered a request by City Manager Owen to proceed to advertise for bids to make needed repairs to City Ha11. A motion was made by Councilperson Westergren to authorize the Cit Mana er to seta ate to receiv' a b~ ~ needed repairs to City Ha Secon y Counci person S e ton. The motion carried, 8 ayes, 0 nays and 1 abstain. Ayes: Councilpersons Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None Abstain: Councilperson Malone 19. Council considered ratifying and confirming the purchase of certain real estate and appropriating funds for the purchase. A motion was made by Councilperson Matuszak to purchase a tract of land in a Lomax Addition from Mr. Reeves, to be used for a arking of for a Lomax Recreation Fie ds, t e sum of 29,367.50 to be appropriated from a Revenue S wring Contingency. Second by Councilperson Graves. The motion • ~ carried, 8 ayes and 1 nay. Ayes: Councilpersons Malone, Matuszak, Graves, .Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: Councilperson Longley 20. Council considered an appointment to the La Porte Area Emer- gency Ambulance Corps Board of Directors. A vacancy had been created by the resignation of Robert Boyd. After considera- tion in executive session a motion was made b Council erson Gay to appoint Charlie G. Perry, 12 Nor Four Street, to fil a vacancy. Second y Counci person Ma one. T e motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 21. City Attorney Askins read: A RESOLUTION AUTHORIZING INDUSTRIAL REVENUE BONDS UNDER .THE AUSPICES OF THE LA PORTE INDUSTRIAL DEVELOPMENT CORPORATION TO LA QUINTA MOTOR INN A motion was made • Ayes: Nays: ayes and 0 nays. Councilpersons Malone, Longley, Matuszak, Graves, , Pfeiffer, Gay, Skelton, Westergren and Mayor Cline None • Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 7 Emergency Addendum: Martha and Morris Rose and Sybil Fouche appeared before Council to discuss the removal of electrical service by Houston Lighting and Power Co. at the request of City personnel. After lengthy discussion, a motion was made b Councilperson Graves to adjourn into executive session on a personnel matter. Second by Councilperson Ma one. T e motion carried, 9 ayes and 0 nays. The Council adjourned into executive session at 9:04 P.M. The Council returned to the Council table at 11:10 P.M. City Manager Owen stated he and the ..City Council supported the actions taken by the Building Officials in the matter under discussion. 22. Administrative Reports: A date was set for the dedication of the Jennie Riley Civic Center - May 1, 1983.. City Manager Owen and Director of Parks and Recreation Sherwood will workout details. Owen reported that HDR will be present to make a report .on the solid waste study April 13 and the City. of Seabrook City Council will join us for the report. 23. Council Action: Councilperson Malone asked that the truck Ordinance be enforced on 26th Street. Councilperson Graves asked that a weekend and holiday recording be placed. on the City Hall telephone. Mayor Cline read Dr. Genie Suhr's resignation from the Planning and Zoning Commission. 24. There being no further business to be brought before the Council, the meeting was duly adjourned at 12:10 P.M. Res/p®ectfully submitted: • Betty T. Waters City Secretary • Minutes, Regular Meeting, La Porte City Council April 6, 1983, Page 8 Passed and Approved this the 2 th day of April, 1983 V' ginia Cline, Mayor • • t ~~ i ORDINANCE NO. AN ORDINANCE DECLARING THE RESULTS OF THE REGULAR ELECTION HELD IN THE CITY OF LA PORTE ON APRIL 2, 1983, FOR THE ELECTION OF A COUNCILPERSON--DISTRICT 4; COUNCILPERSON--DISTRICT 5; AND COUNCILPERSON-AT-LARGE--POSITION A. WHEREAS, there was held in the City of La Porte, on the 2nd day of April, 1983, an election for the purpose of elect- ing a Councilperson--District 4; Councilperson--District 5; and Councilperson-at-Large--Position A; in accordance with Section 8.10 of the Home Rule Charter of the City of La. Porte. .WHEREAS, there were cast at said election for the follow- ing listed persons the number of votes opposite their respect- ive names: COUNCILPERSON--DISTRICT 4: Deotis Gay 236 Wes Brashear 84 COUNCILPERSON--DISTRICT 5: B. Don Skelton 284 B. J. Faulkner 158 COUNCILPERSON-AT-LARGE--POSITION A: Kevin Graves 959 Gilbert Russell Ybarra 263 • as shown in the official election returns heretofore delivered by the Election Judge and officials to the Mayor and City Council of the City of La Porte and submitted to the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That said election was duly called and notice thereof given in accordance with law; that said election was • held in the manner required by law; that due returns of said election have been made by the proper officers; that said re- L' a • • • Ordinance No. Page 2. turns have been canvassed by the City Council of the City of La Porte; that said election has resulted in the election of the following named persons, to-wit: COUNCILPERSON--DISTRICT 4: Deotis Gay • COUNCILPERSON--DISTRICT 5: B. Don Skelton COUNCILPERSON-AT-LARGE--POSITION A: Kevin Graves Section 2. The City Council officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all • times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further, ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall take effect and be in force from and after its passage and approval, and it is so Ordered. • • Ordinance No. „ Page 3. L' PASSED AND APPROVED, this the 6th day of April, 1983. CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: City Secretary APPROVED: (.~~ ~~ City Attorney • n U • OATH OF OFFICE OF DEOTIS GAY AS INC I I PFRSYIN DISTRICT 4 CITY OF LA PORTS, TEXAS Filed~Iliday of ~pR T~_ 19_$~ BE-fTY T, WATERS o ~ o a y ~ y 0 ». m ~ --~ m ~ O ,~ ~ o ~ x tli . d ~ y ~ ~ ~ b ~ o n ~ ~ et '~ e+ 'd o H x ~ m ~ c ~ ~ ~. ¢ ~ .~ ~. C c~. A;. N ~ ~ ~ ~ ,Q ~ ~ ¢ A ~ ~7 O ~ Q' N - o A ! x ~ lD O -x ~ O ~ P+ a ~ r. R. °' ~, ~ ~ ~. a. ~: c~ K ~ y ,~ v~... ~ ,. _ _,..~ ~ ~ W U ., Ga w O w O x F d O ^'~' ~ F"" Q ~ ',' V w U ~ ~ ~ N 7s ~ '3 w ~ U p ~ ~ ~ ~ y . ~ ~ ~ ~ ~ ° c o a •~ ~ ~ •d ~ ~ avi ~ " ~ ~ ~ o ~ ~ o i, W e~ o ~ ~ ~ ~ ~ uo ~ ~ ~ .~ `' `" ''~ ~~~o .~ ~ ~ c ~~ ti ~ ~ Ds ~ b Js c~ p A bA ~ ~". y A ~ .~"r ~ ~ a~i ~ .~ d O O ~ v w ~ ~ ~ ~ r: ~ ~ ~ o ~ ~ o Q ~ w ~ ~ .., a ~ o H ~ ~ ~ ~ ~ d ~ ° °' ~ ~ ~ ~~ .~~ a O ~ .w ~ ~ ~~", x 0 ~ q ~ ~ ~ Q. ~'~ o °' y ~ ~,~o~oo~ ~o ~~ .`.~ V 0 ~.`~ I as O w ~ o o c~ h ~ ~s .~ ~ ~~ 0 ~~ O ~~ ~y e° F .~ y; ~~ A o U z • r~ U • OATH OF OFFICE OF B IX'rNV SI~LTON AS COUNCILPERSON DISTRICT 5 CITY OF LA PORTED TEXAS Filed-day of QpR i 1 19_$3-- ITY SECRETARY ~ ~ o ~ ~ ~. o a y i7' ~. c~ 0 ~s x M. a9 LJ O x ~ ~ o z ~ y w ~ f 0 ~ O ~ y t~ ~'1 ~ ~ o ~ ~ of Al ei~ ~ ~ . w ~ O ~ y ~ x ~ ~ ~ M ~' w -~ a ~p ~. y ~ ¢ ~ O ~ c=. ~ ~ ,a ~ ~ A ~ ¢ ~ -~-~ ~ a" . H '~ o H p z ~ f'"'p '.S' O' O ~ ~ Li. ~ ~. a ¢' ~ ~ . c2. ~ ~; ~ o M 't ~ • • O y >; Q'' 'C7 3 .~"r''r O ~ ~ Ds w •'' U 'Cf m •~ ~. w ~ ~ p,, ~ v ~ d y v ~" «s .~ aid ~ "' "'~'' d~ ~ r-1 ~ a ° ~ ~ o 'o ~ ~ ~...~ ~ H ~ o ~ w ~. ~. ~, ~~~°~ ~ "~~~ W ~ ~.~~o~ O y ~ b ~ ~ G O Ds c00 p q b4 O 'O~". d ~" ~Or W y~~~~ b ~ ~ ~ O ~ .~ ~ ~ ~' ~ p it O O r'O.~ v w ~ ~ ~ 'O .-. c~ ~ ~ ~ ~ ~ .di ~+ ~ O w v ~ 'O .~ t~ ~ ~ O O O H ~ ~ ~ ~ ~ O d w ''7 in °~ ^e~ O +' p ~ :O ~ ~ a ~ o ~ ~ ~ ~ ,a; w o ~ o ° d ~ ~ o +~ ~ 0 w b~ ~ °~ H .~ y; V U ~. • • • OATH OF OFFICE OF i<Eti~iN F FRAM;; AS COUNCILPERSON-AT-LARGE POSITIO~~ A CITY OF LA PORTS, TEXAS Filed~T~.,-.day of noo ~ ~ 19_~- BETTY T, WATERS CITY SECRETARY n cn m G o ~ A ~ a~ ~ ~ ~ ~~ ~! ~~" 0 ~. m LJ O x ~ M o ~ H w ° -G O ~ H ~ o• O ! -rJ ~ O m ~ ~ ~ can .~" W e+ ~ . o ~ y x N ~ ~ o ~ ~ ~ ~ . ¢ ~ o ~ w ~ ~ a ~ ~ A '9 H --{ ~ °~ o O x ~ ~ ~ o o ~ w p. ~. ~. ¢ ~ ~ ~. cz co ~: ~, o K - • w 0 w w 0 w 0 x F d O w w o U a~ ~ ~ ~ U a O ~ • 3 ~ ~, •~ ~ ~ ~ ~ ° ~ ~ c •~ ~ p,, o O v a .~ ~ ~ `~ v d ~ p ~ ~ .~ ~ ~ ~ + f,d ~ ~ ~ ~ ~ ~ ~ ~ `~ ~ ~ y O 'd ~ >s w ~ ~ W ~ ~ A o ~ ~„ ~ G bu0 .Or .r, y ~ ~ ~ ~ ~ H ~ ~ .~ G V Q ~ O ~ L L'' O ~' O y r.. ~ ~ ~ !"~ ~ ~ ~ .: ~ ~ O ~~ ~ C v ~ p •~ €. ~y ~ i~ w ~ «i ~ v~ ~ ~ ~ O ~ a ~ ~ 0 ~ ~ .~ ~ ~ o ~ ~ ~ ~ ~ N ~ ~ w Qi x ~ ' ~ w O ~ .,. v O ~ ~ '~ ~ ~ w .... O ~ ~ .~ O ~ ~ ~ a 3 .., :~ .~ O .~ .~ w i0-~ O O C~ H c~ ~~ b ~s ~ ~ ~ ~ 0 w ~ ~ c~ E .~ y; U ~J • ELECTION RESU~fS ELECTION: CITY OF LA PORTS 1983 GENERAL CITY ELECTIOP~ LA PORTS II~EPENDE7'tT SCHOOL DISTRICT 1983 BOARD OF TRIiSTEE ELECTIOtJ VOTING POSITION ~_ PAGE OF PkECINCT 1 84 POSN COUNT 1 65 1 2 1S 27 59 1 29 " 56 1 31 36 1 32 34 33 12 . _ _ __ ,_ ELECTION RESUL S Dom,` ELECTION: CITY OF LA PORTS 19F3 GEI'dERAL CITY ELECTION LA PORTS INDEPEJ'dDEPJ'f SCHOOL DISTRICT 193 BOARD OF TRUSTEE ELECTIO~J PAGE~._ OF PRECINCT 2 VOTING 92 POSITION Pp3N CQUIyT _l 1 56 1 ~ 2 2 29 2Z ~~' 65 ~ ..29- 2 9 ~~ b 1 1. ~ 31 44 1 _ ~ ~~ ~~ 3; 33 24 _~ ~~~_~ ~~ !n ~~n(- ^cc nn~ _ - ELECTION RESULTS ~~~_ PAGE.~OF_,] E~ECTION~CITY OF LA PORTS 1983 GE1dERAL CITY ELECTION LA PORTS INDEPQJDENT SCHOOL DISTRICT 19E3 BOARD OF TRUSTEE ELECTION PRECINCT 4 VOTING 2i9 POSITION pOSN COUNT COIb~IC I 1 105 1 2 77 N DI 4 ss S 1 b 0 ,. SCl-IOOL .B(')ARn POSUIOtJ ~ KYI A(d I FWTS 27 ~ ~ ~ 9 ~ ~ P!~„STTI(lN 2 R(ImF WHFF~R 20 2 9 8 7 1 POSjjTOIJ ? PAI II FFI (;NFR 31 ~ ~ 18 1 T)~ 0. LAIRD 32 32 44 _ . IU1 i FT (:NATHAN 33 3 3 14 6 - .m::wea~,: r _ . ... ELECTION RESU TS ~IS~~----. PAGE~_OF. ELECTION: CITY OF LA PORTS 19E3 GE]'~ERAL CITY ELECTION , LA PORTS IPlDEPEP~ENT SCF~OL DISTRICT 1983 BOARD OF TRUSTEE ELECTION P k E c t N c r s VOTING 347 POSITION POSiv --~ COUNT ~-' 1 261 1 -~~ 2 5 3 ~- 4 21 3 1 -~- S 1 1 7 -~f - 2 7 219 1 '~ 29 24G 1 ~ 31 48 1 ~ 32 216 33 33 '61 ELECTION RESUL~`TS ELECTION: CITY OF LA PORTS 19E3 GENERAL CITY ELECTION LA PORTS IPdDEPE'JDETJT SCHOOL LiSTRICT 19€3 GOARD OF TRUSTEE ELECTION VOTING POSITION ~_ PAGE~_ OF PRECINCT 135 PUSN CUUNT 1 106 2 22 27 94 29 ~- 96 31 18 32 80 33 33 1 1 1~ 1 6 ,. ELECTION RESULTS ELECTION: CITY OF LA FORTE 1983 GENERAL CITY ELECTIOrJ LA FORTE INDEPE~lD~'JT SCHOOL DISTRICT 1983 BOARD OF TROSTEE ELECTIOPd ,~ .~~ ~- ._-. ;_ ~_ PAGE~_ OF PRECINCT VOTING 108 POSITION POSN COUNT 1 95 1 2 12 27 66 1 29 70 1 31 24 1 32 64 33 18 6 ;.. . ELECTION RESULTS E~ECTION~CITY OF LA PORTS 1983 GEtdERAL CITY ELECTION LA PORTS INDEPQ~~ENT SCHOOL DISTRICT 19E3 BOARD OF TRUSTEE ELECTION /1/ 7~/- j ~4 PAGE~_OF PkECINCT 'UOU VOTING 1021 POSITION F~SN COUNT 1 76 1 2 15 I I 4 29 1 i S 76 27 37 1 I ~ 29 41 1 ~ 31 6 1 32 28 ~ 33 33 69 - ~ - __:_ ELECTION RESULTS DI~~-PaGE~oF ELECTION: CITY OF LA PORTS 1953 GEI'~ERAL CITY EI.FCTION LA PORTS IPJDEPQ~~Q~(f SCHOOL DISTRICT 1953 BOARD OF TRUSTEE ELECTION ~ P k E C I N C T S VOTING 113 POSITION POSN CUNT 1 8s 1 2 11 4 71 1 5 41 ,, 27 73 1 E ~ 29 72 1 31 9 1 32 t36 Ii II T FT f'Ia~lT1~N ~ 3 :i ~ 14 _ _ ,, _ _ ,. ~.:. _ r__ T _ _ . L • • CITY OF LA PORTE • INTER-OFFICE MEMORANDUM TO : Bill Baggett .~D-A~TE : March 18 , 1983 FROM: Tim Anderson, Recreation Superi~rtteti~t SUBJECT: Employee of the Month ~ \J~-~ I would like to sumbit an employee from the Parks and Recreation Department who I feel more than qualifies for employee of the month. Lori Regelbrugge, Recreation Therapist, who runs our S.P.O.R.T. (Special Populations Organized Recreation Therapy) Program for the. handicapped, has shown a willingness and persistence to make her program grow.. Lori's attitude on the job shows compassion to some of La Porte's citizens, as well as a role of laison between the school, the parents and her program. Lori's energetic personality brings out a willingness in people to work with the S.P.O.R.T. Program. Lori has been able to recruit many volunteers to aid her program and save the city a substantial amount of money in personnel. She has such volunteers as: Lynnette Greensweight, Delta Williamson, Deena Darroh, Laura Dickinson, Tony Urban, Kurt Novak and Dr. Segal. The volunteers • come from .the Junior High School, High School and even the University of Houston. Lori certainly requires a minimum of supervision as she is very dependable. This can be seen by the responsibilities her peers have bestowed on her. She is on the advisory council for the Area 22 Special Olympics. She was voted Area 22 Special Olympics coordinator, but respectfully turned it down due to the many extra hours she puts into her program here in La Porte. She is Vice-President of the Friends of the Handi-Capable, and has given outside of the job presenta- tions on her program and what it is trying to accomplish to the LaPorte Rotary, La Porte Optimist, Lions Club and the Farent Organization in Pearland. Lori was asked to give a presentation of her work at the Texas Recreation and Parks Society Region IV Workshop in February, 1983. Also among Lori's extra hours put into her work, she has attended courses to improve herself on her own time. In the spring of 1982, she took Jr. Lifesaving, in the fall of 1981 and winter of 1982, she attended water safety instruction classes. In February, 1983, she attended a Red Cross First Aid seminar. All of these were done on her time for the benefit of her program. Lori actively works with the Friends of the Handi-Capable group on her own time for the benefit of her program. This group with Lori's help has sponsored several bake sales in 82-83. Lori has headed up a candy sale program during 82-83. These projects were used to raise money to aid the S.P.O.R.T. Program. Lori Regelbrugge is a determined and hard worker who never complains, and is able to work very well with fellow employees. She lends a hand, a suggestion or helpful criticism from time to time that is always welcome. C ~ J ~ • Page 2 • Employee of the Month • I feel Lori has earned a great deal of respect from all she. has come in contact with, and is a great asset to the Parks and Recreation Department, as well as to the entire City of La Porte Please consider this young lady carefully, I honestly don't think there could be a better choice. • • O -/8 - P3 O • CITY OF LA PORTE • INTER-OFFICE MEMORANDUM • FEBRUARY 15, 1983 T0: B. HERRERA FROM: J. RAY SUBJECT: EMPLOYEE OF THE MONTH It is with great pleasure that I nominate Sam L. Knowles, Warehouseman for the City of La Porte, as Employee of the Month. Sam has been em- ployed with the City of La Porte since 9/30/81 and has not missed a day for sickness or family emergency. Sam's typical work day starts at 7:30 A.M. and ends at 5:00 P.M. daily. He also frequently works through lunch and requires no compensation for the overtime he puts in. As warehouseman, Sam is continually busy coordi- nating deliveries, issuing stock, and managing the dispensing of motor fuels on a daily basis. He always has a kind word for employees in the Warehouse and has funded collections for individual employees and charities in need. Sam continually strives to find ways to save the city money and improve operations. Examples of recent savings to the city are: (1) Negotiated a $;:7~ saving per item on I-Bolts with a current vendor. • Annual usage on I-Bolts is approximately 350 yielding an annual savings of $262.50. (2) Located a supplier of 3/4" x 1" U-Branches w/Cut-Offs that resulted in a contract price of $5.45 per item less than the current prices being paid. Total annual savings equals $872.00 (3) Switched employees from using plastic bilge pumps to PVC bilge pumps. PVC bilge pumps have lasted longer and cost $2.00 less per unit. Total annualized savings equals $120.00 . (4) Reduced price being paid on 4' probing rods $7.00 per item. Annual savings equals $539.00 It would be easy to list more savings realized by the City of La Porte through Sam's efforts. Sam's conscientiousness in the dispatch of his duties for the City of La Porte is unequaled in my opinion. I trust you will concur with this recommendation and select Sam L. Knowles as Employee of the Month for the City of La Porte. JR/mb U .:- - • 8610 Bandridge . LaPorte, Texas 77571 (713) 479-5619 March 18, 1983 Mr. Jack Uwen City Manager _ P. 0. Box 1115 La Porte, Texas 77571 Dear Mr. Owen, The District woa~,ld like to be put on the agenda on April 6, 1983 to discuss annexation and~or our release from your extra-territorial jurisdiction. Dx. A. J. Christ will represent the District. If you have any other questions reguarding our request please feel free to contact our office. • Sincerely, Mrs. Jean Davis Office Manager cc~file • • LlA2E OF N~'rII~iG: (Next ) AGENLIA TTFI~i: Water Well #5 ( 25th Street ) ORIGINATED BY: Jerry L. Hodge, Director of Public Works PRUTF~CT SUMMARY: Extraction of downhole column shaft and replacement. of shaft bearings as needed, and check downhole turbine pump and bowls and repair/replace as needed. FISCAL SUMMARY; Expected to last ten (10) years. Approximate cost of $12,000.00. Funds required from water contingency fund. ACTION Council vote • ALTERNATIVES: Without repair the bearings will seize and cause extensive and more expensive damage to the downhole pumps 'and shaft. RECQ~TION: Permit Layne Texas Water Well Company to complete the work needed prior to summer water demand. ' EXHIBITS: Memo from Water/Wastewater Superintendent. $[J$,MjZ~; Jerry L. Hodge • • • • TO: Jerry L. Hodge, Director of Public Works DATE.: March 16, 1983 FROM: Luther Maxey, Water/Wastewater Superintendent SUBJECT: Well No. 5 (25th Street) On Thursday, March 3,...1983, Larry Behrens along with his Fuld Engineer from. Layne Texas Water Well Service, checked well #5. Qur observation was .excess- shaft wobble:due:to.thrust bear~ng,glay. According to Layne Texas representatives, there are downhole bearings, beginning to go out, as well as, the surface thrust bearing. Their consensus was that the bearing failure is due to normal wear. The Labor cost to pull the column shaft from downhole.would be EIGHT THQUSAND DOLLARS. ($8,000.00). Parts cost is unknown, as each bearing and pump stage will have to be checked as it is extracted from the well casing. An average cost would be FOUR THOUSAND DOLLARS ($k,O00.00), thus making the. total estimated cost of the job TWELVE THOUSAND DOLLARS ($12,000.00). If you should have any questions, please advise. LM/lw + ,, d • • M CITY OF LA PORTE • INTER-OFFICE MEMORANDUM APRIL 6, 1983 TO: Jack Owen, City Manager FROM: Stan Sherwood, Director Parks & Recreatio ;' SUBJECT: Video Games On the attached pages please find information on the video games at the Jenny Riley Community Center and Fairmont Park Center. The funds that total $411.25 go into the Parks and Recreation Coca- Cola Account. It is this account that paid for most of the fireworks display last year and extra equipment at the centers that the budget does not cover. Also, attached is a copy of an article from the National Parks and Recreation Association on video games. • Attachments • _-..~.~, ~: i, t CITY OF LA PORTE • INTER=OFFICE MEMORANDUM APRIL 4, 1983 TO: Stan Sherwood, Director Parks & Recreation FROM: Tim Anderson, Recreation Superintendent SUBJECT: Video Games On January 12, 1983, we had four (4) video games placed in our Recreation Centers by Puckett Music and Games, Inc. Two machines were placed in the Northside Community Center and two machines in Fairmont Park Recreation Center. The machines were put in the buildings on a basis that Puckett Music and Games would take care of all maintenance and collect the money. The money is being split on a 50/50 basis of the gross collected, and our 50 percent is placed into the Parks and Recreation Coca-Cola Account. The two machines at Northside are accessible during the hours of 12:00 p.m. to 8:00 p.m., Monday through Friday and 12:00 - 5:00 p.m. on Saturdays. Rozina Long and Daryl Hatter are both on duty at this • building. The two machines at Northside have brought in to this date $245.00. The two machines at Fairmont Park Recreation Center are accessible during the same hours as Northside and are supervised by Kaye Tatum and Cheryl Skarda. The two games to date have brought in $166.25. We did have one game at this site that was not operable for approximately three (3) weeks, making up for the difference in revenue. I feel parents would much rather have their children playing these machines at a supervised recreation center than to be at a game room, pool hall or local grocerty store with no supervision. I am attaching copies of all receipts from money collected. Attachment .~ .~ ~ . • F TH N T A PUBLICATION O E A IONAL RECREATION AND PARK ASSOCIATION October 1982 3101 Park Center Drive, Alexandria, Virginia 22302 Volume V, Number 10 • • • GAMES, From Page 1 Bring in video games, but face3 suct severe mEdia opposition that the plan was scrapped. George Hamilton, director of parks and recreation in Portland, Maine, was stymied in his proposal for video game concessions by the Planning Board and City Council. The negative recommenda- tion came on the heels of a city council move to close private video game arcades because of anti-social behavior. "The city council action was un- fortunate because we could have antici- pated thousands of dollars in revenues and we could have controlled the use by specifying operational hours, the loca- tions and the number of games," said Hamilton. Yet, Hamilton has philosophic prob- lems with video games being a healthy form of recreation. "I would rather encourage physical and mental activity while interacting with another human being. Society gen- erally is taking the humanity away from humans with its reliance on computer technology," Hamilton observed. Tex Ward, director of the Conejo Recreation and Park District in Califor- nia, has no plans for installation of video games in the next year. At the same time, he harbors deep philosophical concems about use of the games. "I think they are time-wasting and money-wasting and perhaps a precursor to gambling." Individual Entrepreneurs The Los Angeles Department of Parks and Recreation is considering letting its 150 community centers act,. as individual entrepreneurs in negotiating for the installation of video games. Each com- munity center then would keep the revenues for local programming. But the recreation department is not planning significant expansion of its cur- rent, modest video games concession, particularly following a barrage of citizen opposition to a plan to install 20 video games in a large local park. "Video games are associated with gang turf problems," noted Joel Breitbart, assistant general manager. "Video arcades become hang-outs and then it becomes a question of whose `turf' it is. People, perhaps wrongly, think of arcades as places that encourage loitering, graffiti, s dope smoking and selling, neighborhood crime." The department has video games at its Travel Town railroad museum and t Griffith Park Planetarium, both successful g and trouble-free. Breitbart estimates the a machines generally earn S70 to S100 per i Dateline - 6 Video Games: .A Blessing or a Curse? week per machine, with half of that gross profit accruing to the recreation department. In nearly all cases, the video vendor is responsible for installation of those machines which are the latest rage and for their maintenance. Keeping the new- est and most popular video games on the floor is consistently important for busi- ness. Most video distributors negotiate a contract to share the gross profits equally with the recreation department. Breitbart concedes that money can be made from video game concessions, but he notes that location is critical. In some cases, video vendors would not bid on installation because the location lacked business volume and the risk of vandalism ran high. On the other hand, distributors have negotiated contracts giving recrea- tion departments 60 percent of the gross revenues for locations which are proven money-makers. Seattle Completes Study The Seattle, Wash., Parks and Recrea- tion Department has done one of the most extensive studies of the video game dilemma, having weighed the issue ince February when the controversy was presented to the Board of Park Commissioners. The study found: • three recreation departments and wo private agencies had installed video ames of the 13 cities, three counties nd four private organizations surveyed n the metropolitan Seattle area. • the users are primarily in them teens and pre-teens, ages eight to 16, and appear to regulate themselves fairly well, with few incidents of vandalism. Nonetheless, supervisors are kept highly visible in video game centers. • the primary reason for installation of video games is revenue. "The thinking seems to be that the games already have a proven popularity and as long as kids are going to play them, they might as well do so in the more wholesome atmosphere of our community centers than in the somewhat `seedier' atmosphere of arcades or the local convenience stores," explains a passage from the study. • recreation departments can earn between $1,000 and $2,000 per machine per year, but profits are no longer guar- anteed. According to the Seattle survey, revenues have dropped drastically in the last year, perhaps because the video saturation point has been reached. • that video games can coexist with other recreation center activities, and perhaps attract teens who otherwise would never think of coming to a rec- reation center. Therefore, Seattle is at least embark- ing on the video experiment. The pro- posal was approved by the Board of Park Commissioners in April for consideration by the Recreation Center Advisory Councils, volunteer groups who make recommendations on operations at each recreation center. Final policy decisions, . however, arc in the hands of the recrea- tion superintendent. Minimal Interest Thus far, only seven of Seattle's 24 recreation centers have expressed an interest in considering video gamerooms. Public hearings in those communities were completed in mid-September, with final decisions expected as Datcline: NRPA went to press. The Seattle staff recommended that two to six machines be installed in each community center. Other playing restric- tions were left to the advisory councils for their input, according to Virginia Swanson, director of recreation. The small number of recreation centers which wanted to consider video games indicates many communities are probably taking a wait-and-see attitude," according to Swanson. But it appears that Scattle will have at least some communiry centers with video games. In fact, many recreation depart- ments are experimenting with the magical machines. See GAMES, Page ~ • GAeNE~S, From Page 6 Dallas began its six-month experiment July 1 with three machines in six loca- tions, according to Ernest Nance, deputy • director of parks and recreation. The machines will be located in five recreation centers and one center for the handi- capped. The pilot project was ap- proved by the Park Boazd with many stipulations: • no more than four consecutive games can be played by one individual. • video machines will be darkened during school hours. • a tally of "negative incidents" will be kept, to be compared to the previous average number of behavior problems in each center. • an analysis will be undertaken to give a picture of the average video player. The community's subjective observations also will be solicited. • an analysis of program enrollment will be completed to determine if the video games induced Dallas citizens, and particularly teens, to enroll in other rec- reation offerings. Park and recreation departments aze taking hold of the video joy stick with great caution and not a little ambivalence. "Those who favor the installation of • video games believe the games are inher ently neither better nor worse than other recreation games," reported the Seattle Department of Parks and Recreation. "There is the argument that the depart- ment is now providing recreation services to active or sports oriented youth but not to more passive or less competitive youth. Video games could be thought of as pro- viding anadditional amenity for certain youth who are not well served by the centers at this time. "Those who oppose video games believe the games are an inappropriate activity for the department to be pro- moting. They recognize the financial benefits but wonder how far the depart- ment is willing to go to make money. They believe that it may be immoral for the department to consciously seek to raise money from children, particularly when some of those children may be a captive audience." So the debate continues. But for some departments, the money is rolling in. Next Month: Some video success stories. Youth Soccer Program Emphasizes Participation and Fun • • Uniform rules of the game, standard- ized organization of league play and a guarantee that every child who signs up for the soccer season will play in the games are only a few of the reasons that the National Recreation and Park As- sociation recently endorsed the Soccer Association for Youth program. The Soccer Association for Youth (SAY) offers its national soccer program to park and recreation agencies for a modest fee-S18 per team per season- which brings SAY's expertise, organiza- tion and rules to local communities. The fee includes membership dues and the drafting of a local charter to set up the district for play. The overall objective of SAY, accord- ing to Jim Gruenwald, the association's executive director, is maximum participa- tion with even competition at various age levels. Therefore, the SAY leagues are divided into age categories, starting with the six to seven-year-olds in the "Passers" league and ranging up to the "Seniors" in the 16, 17 and 18-year-old category. Gruenwald stresses that the SAY pro- gram is the only strictly recreational soccer program in the country. Other soccer programs lean towards "profes- sionalism" with all-star and traveling teams that often become the fountain for the college soccer draft. Not SAY. The program was founded on the philosophy that everyone-girls and boys-can play soccer. Therefore, every child who signs up for play does just that. No tryouts or other selective processes are permitted. Players are assigned to teams via blind draws. A minimum of eight league games must be played to qualify for franchise or state tournament play, sponsored by SAY. Although SAY does sponsor regional and national tournaments, SAY's uni- form soccer rules allow park and recrea- tion agencies to form their own leagues for competition without the excessive cost of travel. SAY regional competition is held in 25 regions across the country. The Invitational National Tournament is open to any team which can qualify under SAY rules, including completion of a minimum number of league games. But the SAY philosophy does not lay in tournament play. Rather, the SAY program is firmly based on the local level, which par Bally accounts for the program's record growth. The Soccer Association for Youth, a nonprofit national program headquartered in Cincinnati, Ohio, has gone from 40 teams in 1967 to more than 4,100 teams in 1982, with the largest growth seen from 1978. "We stress local autonomy while rendering low cost exceptional services," Gruenwald noted. "These factors place, us at opposite ends of the spectrum with the other major organizations, both geared towazd select league, all-star competition and charge fees up to S90 per year per team." The SAY soccer season runs from Jan. 1 to June 30 and July 1 to Dec. 31. Park and recreation agencies can run both soccer seasons, although SAY recom- mends that teams play only one season. SAY also offers coaching and referee clinics and some start-up supplies, such as stop watches, clip boards, whistles and other equipment. But most im- portantly, SAY offers soccer that en- courages recreation rather than a singly minded need to win. Until now, the SAY program has been based in the Midwest and promoted through the public school systems. With NRPA's endorsement and a conduit to the public park and recrea- tion agencies, SAY expects the program to reach a much wider audience. For more information on the SAY program, park and recreation directors should call the Soccer Association for Youth at (513) 351-7291. They will provide a media kit and a personal visit by a community member who already has implemented a successful SAY program. Dateline - 7 Video Games CITY OF LA PORTE • INTER-OFFICE MEMORANDUM MARCH 18, 1983 • T0: J. HODGE FROM: J. RAY SUBJECT: CATALYTIC LY BLOWN CRACK SEALING MATERIAL - ANNUAL BID Sealed bids were opened March 16, 1983 for an annual supply agreement to purchase catalytically blown crack sealing material. This product is presently being used in the Street Divisions crack sealing campaign. All four vendors contacted returned their bid packages and declined to bid on this material. Gulf States, Inc,., the only local manufacturer of crack sealing material, refuses to sell directly to the City of La Porte and prefers to market this material through its' distributor, Shepley Inc. At the present time the Street Division uses approximately ten -'one hundred pound rolls per day in their crack sealing campaign. Projected consumption for the coming months will be 120,000 pounds of this material. • The City of La Porte is presently paying $.25 per pound for crack sealing material. If the City of La Porte could order truckload quantities (40,000 lbs.), the price of crack sealing material would be reduced to $.20 per pound. On projected consumption of 120,000 lbs. this would re- sult in a savings of $6,000.00 in the aggregate. In light of these economics of scale, I recommend we request Council approval to negotiate with Sheplers Inc. to execute a formal fixed price agreement for the purchase of crack sealing material. Please advise should you have any questions concerning this recommendation. JR/mb cc: S. Gillett B. Herrera .~ • CITY OF LA PORTE INTER-OFFICE MEMORANDUM MARCH 18, 1983 T0: J. HODGE - DIRECTOR OF PUBLIC WORKS FROM: J. RA SUBJECT: ANNUAL ONTRACT - LIQUID ASPHALT, EMULSIONS, CUT BACK ASPHALT Bids were opened on March 16, 1983 at 4:00 P.M. for the annual liquid asphalt contract. The current liquid asphalt contract with Gulf States, Inc. (Contract 4004-04-83) is due to expire April 30, 1983. Four bids were received and one was rejected. Of the three bidders re- maining, Gulf States, Inc. is apparent low bidder on all three categories' of asphalt products except for emulsions picked up in quantities of 50 - 1,000 gallons. The low bidder for picked up emulsions, Riffe Petroleum, has a plant in Crockett, Texas which is too far for the City of La Porte . to economically do business with. Pricing, based on low bid, is 3% lower than the price paid under the current 1982-83 contract for asphalt cement. I hereby recommend we accept the low bid submitted by Gulf States, Inc. and execute an annual contract effective April 30, 1983 and ending April 30, 1984. JR/mb cc: S. Gillett B. Herrera a • . 1 TIEMS: LIQUID ASPHALT, EMULSI01~ ~UT BACK ASPHALT, CATALYTICAL Y BLOWN ASPHALT JOINT AND CRACK FILLER ~..~ ,,~. .. • WRIGHT GULF STATES EXXON EUM SPHALT INC. PRODUCTS 1. A. CRS-2; Delivered 1,000-5,000 gal. $.8082 Gal No Bid .73 Gal.* BID REJECT D B. EA-11M; Delivered 1,000-5,000 gal $.8082 Gal No Bid .75 Gal.* SUBMITTED MPROI C. AES-300; Delivered 1.000-5,000 ga $.8082 Gal No Bid .75 Gal.* D. CRS-2; Picked Up 50-1000 gal. $.74 Gal@* No Bid .80 Gal. E. EA-11M; Picked Up 50-1000 ga. $.74 Gal@* No Bid .82 Gal. F. AES-300; Picked Up 50-1000 gal. $.14 Gal@* No Bid .82 Gal. 2. A. AC-5; Delivered SOOOGal. Min. No Bid $.6091 Gal .57 Gal.* B. AC-10; Delivered 5000 Gal. Min. No Bid $.5691 Gal .57 Gal.* C. AC-5; Delivered 1500-5000 Gal. No Bid $.6995 Gal .57 Gal.* D. AC-10; Delivered 1500-5000 Gal.- No Bid $.6510 Gal .57 Gal.* * Plus Fuel Ad3ustment Charge 3. Catalytically Blown Asphalt Joint No Bid No Bid No Bid n rac ea er 4. A. MC-30; Delivered 1000-5000 Gal. No Bid No Bid $.98 Gal.* B. RC-2; Delivered 1000-5000 Gal. No Bid No Bid $.98 Gal.* C. MC-800; Delivered 1000-5000 Gal. No Bid No Bid $.92 Gal.* D. MC-30; Picked Up 100-1000 Gal. No Bid No Bid $1.10 Gal. E. RC-2; Picked Up 100-1000 Gal. No Bid No Bid $1.10 Gal. • F. MC-800; Picked Up 100-1000 Gal. No Bid No Bid $1.04 Gal. * Denotes Low Bid va a e on y n roc e. • • KNOX W. ASKINS, J. D., P. C. • ATTORNEY AT LAW 702 W. FAIRMONT PARKWAY P. O. DOX IL18 JOHN D. ARMSTRONG, J.D. LA PO RTE, TEXAS 77571.1218 ASSOCIATE March 25, 1983 • Hon. Mayor and City Council CITY OF LA PORTE City Hall La Porte, Texas 77571 Dear Folks: TELEPHONE 713 471-1886 I enclose herewith two corrected versions of a new format for a beer on-premises licensing ordinance for restaurants, the varying portions of which are Subparagraph 4 of Section 1. One version, similar to the one we were working on at the workshop, would have all licensees file a quarterly audit. This could be a big burden on the vast majority of the honest small businessmen, and, I propose a second version, which would require an audit to be filed only on sworn complaint where we feel a violation is taking place. The second version is pretty much an exact copy of Sub- paragraph 4 of the City of Austin Code. After the discussion at the workshop, I think I would prefer the second version, based on Austin's Code. Yours very truly, Knox W. Askins City Attorney City of La Porte KWA:jm Enclosure • ~ ~ • ORDINANCE NO. 1000-P AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVID- ING FOR HOURS OF OPENING AND .CLOSING; PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTHORITY; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; DEFINING RESTAURANT; GRANTING A PERMIT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte desires to regulate the closing hours for the sale of beer by retailers selling beer for consumption on premises in accord with provisions of Vernon's Texas Codes Annotated, Section 109.32 of the Alcoholic Beverage Code of the State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. DEFINITIONS: Restaurant: A building or portion of a building,. not operate as a dining room in connection with a hotel or boarding hotel, where the primary business is the on- premises sale of prepared food, with adequate kitchen facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered, and where alcoholic beverages may be sold under the following conditions: (1) At least sixty-five (65) percent of the gross income shall be derived from the sale of pre- pared food. (2) Any outside entrances, outside separate identi- fication, outside signs or other advertising shall not use any of the words "bar," "tavern," "lounge," "ice house," or "beer," or any word • of like import, to identify the business. (3) Beer shall be served as a beverage only in con- nection with the service of prepared food to a customer. (4) Whenever the building official on the basis of a sworn complaint from any credible person deter- . mines that a violation of this section exists, he may require any person serving alcoholic beverages as an incidental use to provide the City, within thirty (30) days of notification, a verified audit. for each of the preceding four (4) calendar quarters, showing the gross income derived from the sale of alcoholic beverages and the gross income derived from the sale of food. Such verified audit shall be supported by copies of licensee's invoices and cancelled checks to `~- substantiate its beer and food purchases. No more than two (2) audits per year shall be required. • • U Ordinance No. 1000-P, Page 2. Section 2. In addition to the locations specified in Sec- tion 1 of Ordinance No. 1000, passed and approved by the City Commission of the City of La Porte on August 19, 1974, the sale of beer shall also be permitted during the hours set by the general laws of the State of Texas at a restaurant, as herein defined, to be located at the following location, by a retailer - selling beer for consumption on premises, to-wit: STREET ADDRESS OF PROPERTY: 2199 Underwood La Porte, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: A one (1) acre tract out of La Porte Outlot 451, Harris County, Texas. NAME OF APPLICANT: ADDRESS OF APPLICANT: Joseph W. Chadwick 905 N. Amy Deer Park, Texas 77536 TRADE OR ASSUMED NAME OF RESTAURANT BUSINESS: "Sweet Pea's Po Boy and Sandwich Shop" • • Section 3. This Ordinance shall constitute a permit for the operation of a restaurant, as herein defined, at the above location, which permit shall be personal to the applicant, and non-transferable, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local laws and ordinances, including the provisions of this Ordinance. The City Council may revoke the permit granted hereby if it finds that any of the conditions imposed hereby are not met, or hereafter cease to exist, or in the event licensee ceases business and closes to the public for at least ninety (90) consecutive days. Ordinance No. 1000-P, Page 3. Section 4. Except and to the extent amended hereby, Ordi- nance No. 1000 shall remain in full force and effect. Section 5. The City Council officially finds, deter'- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 6th day of April, 1983. C • CITY OF LA PORTE f ~ By V ginia ine, Mayor ATTEST: Ci S re ary ~,~,,,,, i ~'~, '/ ~~,~h ~~~ ~ ~ ~ ~~° ~~i .; '~ i APPROVED: City Attorney 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 City Of La Porte Harris County,Texas City Hall Building Investigation Of Building Moisture & Condensation And Air Conditioning System Prepared By Angelo Designs Architects-Engineers Houston,Texas 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 c~4n elo NOYSTON 99127 TEZAS Si21 r. i I ~ 1~ s ~ p.o. boz $ 7 5 8 0 ANCNITECTE • ENtiNEENi • INtENIiN IEtION CINST. MANANEMENT November 1, 1982 City of 7~a Porte P. 0. Box 1115 Ia Forte, Texas 77571 Res La. Porte City Hall Building Survey Gentlemen: Ye have completed the survey of existing problem areas in your City Hall building, concerning bui]ding moisture and the air co~itioning system. Ye herein transmit a report of our finiings and recommendations for correction of the apparent problems. Sincerely yours, r. Angelo P. Coolures Architect~Oxner APCssp `~~~~E Q A9cyi o ~ W ~ # ~} qrE 0 F 'S ESP TABLE OF CONTDVTS Letter of Transmittal Table of Contents ' Introduction Part I - Interior Discoloration of North Wall Inspection Construction Methodology Wall Sample Analysis Technical Considerations Opinion Conclusion Recommendation Part II - Performance of Air Conditioning System Inspection Site Survey Conclusions Recommendations ii Page i ii 1 2 2 2 2 2 4 4 5 6 6 6 8 8 ~ ~ • ' INTRODUCTION Angelo Designs, Architects-Engineers, of Houston, Texas has been retained by the City of La Porte, Harris County, Texas for the purpose of investigating the building moisture, condensation, and air conditioning system performance problems within the City Ha11 Building. To assist with the investigation, the City of La Porte provided the following building construction documents: 1) Construction Plans and Specifications Job No. 276-77, Dated August 16, 1977 Doughtie and Porterfield, Architect 811 First Pasadena State Bank Pasadena, Texas 77502 Richard W. Burr, Mechanical Engineer 2818 West T.C. Jester ' I•buston, Texas 77018 City Hall Building (Subject) City of La Porte La Porte, Texas The investigative report has been prepared in two parts, ..each part addressing one specific problem analysis conclusion and . , , recommendation. The two problems presented to Angelo Designs for investigation were: Interior Discoloration of North Wall Performance of the Air Conditioning System The interior discoloration primarly associated with the north wall is delineated in Part I and the performance of the air conditioning systems 1 is delineated in Part II. If, after study of the investigative report by the city of La Porte, it ' is determined that clarification on arty item is required, the professional staff of Angelo Designs will be available to provide such assistance. 1 1 ~ ~- r . • ' PART I INTERIOR DISCOLORATION OF NORTH WALL INSPECTION Vi l i sua nspection reveals that at various locations on the inside surfaces of the north wall, discoloration spots have appeared that seem to be caused by water penetration and condensation. Discoloration has occurred on the vinyl wall covering in certain rooms and mildew has formed behind the vinyl. OONSTRUCTION A~TI~DOLOGY The north wall construction consists of face brick (Elgin Butler, modular size) up to the height of 8' 2" above the finished floor and cement plaster 3' 7" above brick to the underside of a gravel guard facia. There are two separate air spaces sealed off by the brick recess. See Figure One. The interior wall associated with the north wall consists of 1/2" gypsum board sheathing, metal studs, full insulation and a S/8" layer. of gypsum board for the inner wall. WALL SAMPLE. ANALYSIS t Wall samples were cut out of the inner wall. at a place where water discoloration has become most prevelant. Sample. Number One consisting of 1/2" gypsum board sheathing, was taken above the ceiling. behind the cement plaster facia at the upper airspace cavity. this sample does not show any affected surfaces. Sample Number Two was taken in a discolored area approximately one foot below the ceiling line.. This sample consisted of the exterior layer of 1/2 "gypsum board sheathing, fiber glass insulation and the inner layer 1 of S/8" gypsum board. The entire sample including the insulation appears to have had water migration through the sample, stopping between the gypsum board and the vinyl wall covering thereby causing discoloration ' and mildew. TBCI~NICAL OONSIDE4tATI0NS/POSSIBILITIES Condensation: Moisture is present as vapor in air and absorbed by most building materials. It may be present in the free liquid state or as ice in the solid state within the range of temperatures encountered in marry buildings. Problems involving moisture may arise from changes in t moisture contents, from the presence of excessive moiiture or from effects associated with its changes in state A chan e f m a v p . g ro a or to the liquid or solid state is known as condensation. Moisture problems involving condensation are most likely to occur in buildings in any climate where there is a source of moisture vapor at temperatures above normal or in cooled structures, and in buildings of cold climates. -2- t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 F~48R/G F~C.~4gH/NG x \~ N BUST %ry / /I TfsXTURE PCr43TER fqG/A DA/ MTL LATH - REA~VJVE r REFL. SO LDi,~R' CRS, - AS AEG? . ~ 1ZEM41/E f RIEPL CCMrEA/T' WA8/.J - A9 RE~u~REv RFJHOVE z REPS..,, ,Q,L~.. Ic/1 s~leK a N W ~" ~~~., BASE f9C.A SiIlNb a~ N W OC F~CTIEND bYP, 1!~. Q TO TOP GF STEEL ( MATCH t x/ST ) REMOVE s RIEPLACE /54~R, C fiC.A SH, As ~~'Q. RcM~v~ ~ REPL ~tCE MQSON~2Y n,ES /G'~a.G. vERT, f z4 "o. c. ~ro>erz. REMOVE i REPLAC& ~/Z rr !s1'P t.AP SHT~ W/ .3/4'' ASPHALT /MPR. SHEATN/NG REA?DI/~E i REPG A C E S~8' GYr3 J~o. AS RF_Qu/RrE© RLM4Vt s REPLACG 3yZ~i /3A?'1' lNSUL. As REQUit~'ED 4u RESJL., 13A3E /~1/.4T~QPRG17l~/NC. .... • .~ .a , - r e , _` ,. '. . ~ I' . n i~ TOP OF $TE~L N 2~ ~Q Q k~ ~ E. FrNrsN FCQ~i2 TTl°IC.4[.. Gt~ALL s~CTinN ,v,TS, ' ~' ~~ 0 t(1 /,t! G R F~ 1/J~R K Q F iI~OR 1 ~-/ ~.l Ll L L • . FtGUr~E 1 • N' ~~ 00 ~, • Water Vapor Migration: The presence of water vapor in air is quantified through the branch of thermoscience called psychrometrics and is presented graphically ' on a psychrometric chart. The estimated moisture content of a sample of air may be determined by locating the sample's dry bulb and wet bulb temperatures on a psychrometric chart and reading the humidity ratio along the right hand side of the chart. A rougher indicator of • moisture content is relative humidity, which is also included on the psychrometric chart. Basically, warm air is able to absorb more moisture. As this air cools, its ability to retain moisture decreases and condensation occurs. Water vapor migrates through buildings mainly through absorption from one material to the next. This is expected. To stop this ®igration, a vapor barrier of non-permeable or water resistant material is used. Weep holes are provided in the walls to drain away airy moisture which collects on the vapor barrier. On the City Hall walls, a water resistant wall-board was used as a vapor barrier. These boards apparently were not adequately sealed ' and water vapor migrated through to the other wall materials. The vinyl wall-paper on the building interior acted as a vapor barrier and moisture collected between the vinyl and gypsum board. The weep L holes do not extend beyond the water resistant wall-board ar~d so there is no way for this moisture to drain. Eventually, the gypsum board sheathing and wall installation ~rould become saturated. t Water Leakage: r A variety of temperatures can affect building materials by causing expansion and contraction. This process raises a hairline separation of surfaces allowing a space to occur. This space can allow water to enter during a rain condition or in the case of freezing conditions, possibly causing the separation to become larger. OPINION It is the opinion of this investigation that any of three possibilities may occur. Conclusive evidence can only be obtained by removing a section of the brick in the most affected area of the wall and isolating ' the possbility of cause. CONCLUSION Based on the appearance of the samples taken and the sample location, it is the opinion of this investigation that moisture vapor penetrated the brick wythe, collected on the exterior side of the sheathing and over a ( period of time, migrated through the sheathing,. insulation, the inner gypsum board and condensed between the virryl wall covering and the gypsum board. Joints in the sheathing not properly taped water tight could 1 possibly be the case. Plenum condensation has apparently occurred at the exposed perimeter-wall steel studs. ~ .. ~ • ~ On the City Hall walls, a water resistant wall-board was used as a vapor barrier. Apparently these boards were not adequately sealed or direct water penetration from above caused disintegration of the sheathing, and water vapor migrated through to .the other wall materials. The vinyl ' wall-paper on the building interior acted as a vapor barrier and moisture collected between the vinyl and gypstnn board. Eventually, the gypsum board sheathing: and wall installation became saturated, and began disintegrating and further caused loss of insulating value and greater moisture penetration. 1 I~ RECOI~ENDATION It is the recommendation of this investigation, taking into consideration all possibilities of occurence and the visual damage assessment of the entire north wall; the brick, sheathing, insulation, and the inner gypsum board should be removed and replaced with a re-constructed, modified wall construction system but still maintaining the original design. The new wall system should be designed to have a vapor stopping point and provide for condensation to drain in a pre-determined position in the wall system. (Refer to Figure 1.) This recommendation should correct the problem of the north wall. Ii~wever, since t~ other exterior walls of the City Hall have the same wall construction system, there is no proof positive that the other exterior walls will not be affected in the same manner at a different period of time and under changes in weather conditions. This condition will be alleviated by continuing all interior gypsum board, above the ceiling, to the bottom side of the roof deck, in order to provide isolation of the plenum air from colder steel studs. This corrective work is only required at the building perimeter walls. ~ ., ~ ~ 1 1 J ii PART II INSPECTION PERFORMANCE OF THE AIR CONDITIONING SYSTEM The design drawings, specifications, operations and .maintenance instructions were reviewed, and on-site operating data was collected. The on-site survey consisted of verification of the duct layout and dimensions, grille and diffuser discharge rates, and duct velocity pressure. SITE SURVEY 1. The dimension of all air ducts were checked and found to be properly sized according to the mechanical engineer's design drawings. 2. Air leakage was discovered in a 16" x 10" duct at at 90o turn located in the Building Inspection Department. Flexible duct material was found to be separated just past the turning vane. 3. The air supply register in the Coffee 'Shop has very little air being supplied into the mom. According to the engineering design drawings, 375 CFM of air was the design criteria. The 9" flex duct feeding from the main trunk was properly sized. However, there seems to be a blockage in the line between the main trunk and the supply register. . 4. Personnel in the Engineering Drawing Section had to block the air supply register because the air was too cold for comfortable habitation. 5. Inspection of the return air system above the ceiling in ::the. Mayor's office, Councilmen's offices and general area reveals .that the air flows below the ceiling and returns to the units via a corridor. A smoke test was conducted to reveal this condition when the mechanical room door was opened and closed. Other contributing factors slowing down the return air passage are as follows: a. Zone ~1 -Return air from the southwest area of the building, in addition to being obstructed by a supply duct and forcing the return air to migrate above the main area raised. ceiling in a westerly direction and then returning towards the .mechanical mom, is partially blocked by the atrium forcing the return air to split in two directions prior to returning back to the mechanical room and to the air intake. -6- 1 n C 1 • • b. Zone i2 -Return air from the Mayor's office and Councilmen's offices is partially blocked above the ceiling by the existence of walls around the men and women's toilet and the janitor's closet. This causes part of the return air to be directed below the ceiling and through the corridor, part to be directed above the ceiling south amend the toilet area and then turning around the toilet area toward the mechanical mom. c. Zone #f3 -The court mom rear door remains open to allow return air back to the mechanical room via the rear corridor. Inspection shows there are return air openings from the court mom to above the ceiling height in the main corridor; however, additional return air openings would improve this situation. This area is very seldom occupied during the day. 6. It was discovered that the HVAC system is running on 100 return air. The Carrier Air. Handling Units (AHiJ's) have factory installed dampers for outside air supply and return air intake. These dampers are manually operated. The return air dampers are fully open on all three air handeling units. The outside air dampers are restricted by as much as 75$, excluding arry restrictions caused by damper positioning. This 75~ reduction in effective areas was intentional since current industry standards call for only 10$ outside air to be supplied to any ventilation. system. However, the abrupt change in effective area results in poor air distribution within the air handling units and a loss in velocity pressure. The relatively small outside air ducts also require a higher fan static pressure to draw air. 7. Air handling unit No. 1 (AI-I1-1) is designed for 1000 cubic feet .per minute (cfm) of outside air. This duct size is 18" x 18" with a pneumatically operated damper. This damper is fully closed. There is no measurable leakage. between the damper blades, therefore, AHU-1 is running on 100$ return. air. The pneumatically operated damper was forced open and approximately 120 cfm of outside air was measured. .This is a reduction in capacity of over 80$. Even with the pneumatically operated damper readjusted,, an estimated 0.018" H2O static pressure (S.P.) will be required in order to insure the 1000 cfm of outside air specified in the design drawings. 8. Air handling unit No. 2 (AHU-2) is designed for 1550 cfm of outside air. The air handler damper is fully closed, there is no measurable leakage between the blades and this damper could not be forced open without special equipment. No test data is available for this unit although it is estimated that approximately 0.026" H2O S.P. would be required in order to "insure the 1550 cfm of outside air specified in the design drawings. _,_ t • • n 9. Air handling unit No. 3 (AEU-3) is designed for 240 cfm of outside air. The air handler damper and duct damper are open, however, no measurable air flow was detected. After verifying that the outside air intake hood was not blocked, another test was made at the ceiling level on the outside air duct. Oyer 500 cfm was recorded. No air flow was measured at the AHU inlet due to fitting losses. Duct pressure at the ceiling level was measured to be 0.018" H2O S.P. An estimated 0.09" H2O S.P. is required to insure the 240 cfm outside air specified in the design drawings. (CONCLUSIONS The ventilation system is unbalanced. The three air handlers are capable of providing 17,400 cfm. The design drawings call for 15,700 cfm to be supplied to the diffusers and 940 cfm of exhaust for a total of 16,640 cfm to be supplied. by the AHU's. Industry design standanls call for a minimum of 4,700 cfm supply with 1,070 cfm exhaust for a total of 5,770 cfm to be supplied by the air handlers. Although the design calls for three times more air than the minimum requirement, and the air handlers are able to supply it, the diffusers tested were operating at approximately 60$ of their designed capacity. Field tests showed a total of 19,450 cfm being drawn in by the air handlers-when the mechanical room door is closed, and 21,550 cfm when the door is open. Measurements at the return air grilles indicate 15,110 cfm when the door is closed and 17,390 cfm when the mechanical door is opened. (The additional 4,300 cfm is drawn from the mechanical room itself. This accounts for the noticeable vacuum effect when the door is opened and closed). . RECOM+~NDATIONS 1. Lower the raised portion of ceiling in the main area by 10" to be flushed with the existing ceiling. 2. Patch air leaks. 3. Remove walls around toilet area above the ceiling and provide a sealed gypsum. board ceiling. This will allow opening up area above the toilet ceiling for return air. The existing exhaust fans will handle any odors. 4. Open the outside air dampers on AH1-1 and AHU-2. 5. Replace the outside air intake hoods with supply fans overcome the air friction losses due to the narrow duct, the abrupt. area change from the duct to air handler. overcome losses due to the intake design and location. Two. This will fittings and It will also See Figure ~ .. ~ ~ 6. Provide more return air grilles in the mechanical room. To minimize noise and turbulence, velocity thro h these return air grilles should not exceed S00 feet per minute fpm). An estimated 17 square feet of additional area is recommended. This translates to 8 more grilles measuring 9 1/2 x 34 1/4". Fire dampers should be installed in each grille. 7. Rebalance the entire ventilation system. The original ventilation design is good. After completing recommendations 1 thru 6, a mechanical contractor with HVAC experience may use the existing ventilation design drawing as is to balance the system. If an automatic control drawing is available this contractor should also , verify that the control components are in good working order. The ventilation system is modulated by these automatic controls. If no I drawing is available, this mechanical contractor should also be asked to trace the pneumatic limos and make a control diagram based on their survey in addition to verifying that the components are in good working order. Controlling air discharge from the diffusers may be done by adjusting ' the damper connecting the diffuser and flex-duct. The existing design drawings called for these dampers to be rovided however t p , , a the time of this survey it was not possible to verify their existence. 1 ~ .9. • AE8TRICTED AIR FLOW . ~OUTSIOE AIR INTAKE HOOD CHILLER BARRICADE j ~ ___ _ __ __ __ . _ _ __ ___ UILDING 8UPPLY - I DUCT UT81 E AIR DAMP R 1 .... i 1 CAP , .AHU OUT8IDE AIR DAMPER y AHU _ ~. RETURN AIR DAMPER MECHA~111CAL SKETCH •-FIGURE 2 i ~ • ,~~0 -83 ~l"E~7' 7'/?~f ~ ~21U5t' Ol-K°I"~ KcnSI10vJ ~ow. 7s~u 1~29^'C off` ~tYC~cr~iYS /-~A/~rb ~y~ar~y A~~c.~ r~ ~sp.~-t ~ ~o ~r~ss.,t~ ~r/~~'L~ ~°'°~~~°~s, ,CIS ~t h'1/~cv /11~ w ~~ ~s q"~ ~~~i'~ ~ °W/ ~s ~ c-/u ~ ~,</ ~-.R .2~Ar ~/~° . ///-/'~O~'jl/~gy'V~J G/~e~'l W, l~ ~ 1-~el/ ~~O~U,1!'~ T~ `~ ~. GU~ s~/LU./GL"/ ~~'~niP/Y W e /LIAG/ ~/~~(r B~ ~ '~ Fer-Yu~C~ Gvi `~~ ~~~"f" cvi ~/ /f~41i~ ,Fo ce~B'trf' ~A% G 7b ~i~G~ ~p~ ~jOS~ fht~~ 1. ~- °~ 1~ °~' Gui~~~P~~ ~j Sf~c~/ /~f ~u~~c f~~/GLC C.Ia.S~-r' ~ //~.~~ ~ ~'Q~ ~ ~i~rro i~~ ~~e~ Q~ ~~a, .~5~ ~~~ ~/w. /r 13e ~fv9~il ~ o~P!/®~ ~/~ ~.~~ E rv~'a~a/~c~ Y~ ~c for/~Gd~, /~o~c~ ~,~%~L ~ „, g~ y • • RESOLUTION OF CITY COUNCIL APPROVING AGREEMENT TO ISSUE BONDS BY - AND BETWEEN CITY OF LA PORTE INDUSTRIAL DEVELOPMENT CORPORATION AND -_-- LA QUINTA MOTOR INNS , INC . _ : __:__ WHEREAS, the City of La Porte, Texas (the Unit ), a political subdivision, has approved and authorized the creation of the City of La Porte Industrial Development Corporation (the "Corporation") as a Texas nonprofit industrial development corporation, pursuant to the provisions of the Development Corporation Act of 1979, Article 5190.6, Vernon's Annotated Texas Civil Statutes, as amended (the "Act"), to act on behalf of the Unit to promote and develop industrial, manufacturing and commercial enterprises to promote and encourage employment and the public welfare; and WHEREAS;"~~the Corporation is authorized by the Act to issue indus- trial development revenue bonds on behalf of the Unit for the purpose of paying all or part of the cost of a "project," as defined in the Act, and to sell or lease the project or to loan the proceeds of the bonds to finance all or part of the costs of the project; and WHEREAS, the Corporation entered into an Agreement to Issue Bonds with La Quinta Motor Inns, Inc. (the "User"), pursuant to which the Corporation agreed, subject to certain conditions, to issue its tax exempt industrial development revenue bonds in the aggregate principal amount (excluding bonds issued to refund any of the Bonds) now estimated not to exceed $4,700,000, to provide funds to defray all or part of the cost of acquiring and constructing certain industrial, manufacturing or commercial facilities to be constructed by or to be leased or sold to the User; and WHEREAS, the City Council has reviewed the form and substance of the proposed Agreement to Issue Bonds between the Corporation and the User and intends, by adoption of this written Resolution, to approve said Agreement to Issue Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1: The Agreement to Issue Bonds, in the form attached hereto, entered into by and between the Corporation and the User, pursuant to which the Corporation agreed, subject to the conditions stated therein, to authorize and issue its industrial development revenue bonds in the aggregate principal amount (excluding bonds issued to refund any of the Bonds) now estimated not to exceed $4,700,000, to provide funds to defray all or part of the cost of the acquisition and construction of the industrial, manufacturing or commercial facility • ., described in Exhibit "A" to said Agreement to Issue Bonds, is herby = approved. -_ Section 2: This Resolution is adopted for the purpose of satisfy- -=- --- - _ ing the conditions and requirements of the Act and Section 103 of the - - Internal Revenue Code of 1954, as amended, and the regulations promul- gated thereunder and for the benefit of the Corporation, the Unit, the owners or holders from time to time of the obligations of the Corpora- tion and all other interested persons. Section 3: The Governing Body has considered evidence of the ...posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour and place of this meeting and of the subject of this Resolution was posted at a place convenient to the public on a bulletin board located at a place convenient to the public in the City Hall of the City of La Porte, Texas, for at least 72 hours preceding the scheduled time of such meeting; the place of posting was readily accessible to the general. public at all times from such time of posting until the scheduled time of such meeting; and such meeting was open to the public as required by law at all times during which the Resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Law, Article 6252-17; Vernon's Annotated Texas Civil Statutes, as amended. PASSED AND APPROVED this (v day of April, 1983. • -2- • Exhibit "A" AGREEMENT TO ISSUE BONDS THIS AGREEMENT TO ISSUE BONDS, entered into as of the 4th day of. - - _ -- April, 1983, by and between the City of La Porte Industrial Development "-- - --- Corporation (the"Corporation"), created .pursuant to the authority of the Development Corporation Act of 1979, Article 5190.6, Vernon's Annotated Texas Civil Statutes, as amended (the "Act"), and La Quinta Motor Inns, Inc., a Texas corporation (the "User"), for the purpose of carrying out the public purpose set forth in the Act, including the promotion and development of industrial, manufacturing and commercial enterprises to promote .and encourage employment and the public welfare; WITNESSETH: WI~REAS, fie City of La Porte, Texas (the "Unit"), has authorized and approved the creation of the Corporation to act on behalf of the Unit for the public purpose of furthering on behalf of the Unit .the promotion and development of industrial, manufacturing and commercial enterprises to promote and encourage employment and the public welfare; and WI~REAS, the Corporation is authorized by the Act to acquire, construct, improve, maintain, equip and furnish and to lease or sell "projects," as such term is defined in the Act, or to make loans for the purpose of providing financing for all or part of the costs of a proj- ect, and the Corporation is further authorized to issue its bonds for the purpose of paying all or part of the costs of a project; and WI~R'EAS, the User desires to acquire and construct a facility, more particularly described in Exhibit "A" attached hereto, ,within the Unit (the "Project"), which Project is suitable for the promotion of commercial development and expansion, the promotion of employment in the Unit and for use by commercial enterprises; and WI~REAS, pursuant to the Act, the Corporation is authorized to issue the bonds hereinafter described, which bonds shall never con- stitute an indebtedness or pledge of the faith and credit of the State of Texas (the "State"), of the Unit, or of any other political corpora- tion, subdivision or agency of the State within the meaning of any State constitutional or statutory provision, shall never be paid in whole or in part out of any funds raised or to be raised by taxation or any other funds of the Unit, and shall never be paid in whole or in part out of any funds of the Corporation except those derived frcm or in connection with the sale or lease of the Project or the loan of funds to finance the Project; and . ~ i WHEREAS, to promote and encourage employment and 'the public wel- fare, the Corporation agrees to issue, at the request of the User, cne or more series of the Corporation's industrial development revenue bonds (the "Bonds") for the purpose of paying all or part of the cost of coa_- structing and acquiring the Project, or for the purpose of loaning the proceeds~to the User in order to provide temporary or permanent financ- ing of all or part of the cost of constructing and acquiring the Proj- ect, and the Corporation and the User deem it desirable and proper that this Agreement to .Issue Bonds constitute a formal record of such agree- ment and understanding in order that the User may proceed with or pro- vide for the acquisition and construction of the Project; and WHEREAS, the User has evidenced a desire to cooperate with the Corporation in the acquisition and construction of the Project and for the Corporation to authorize and issue the Bonds in the aggregate prin- cipal amount ncbw estimated not to exceed $4,700,000, to provide the funds to defray all or part of the cost of the acquisition and con- struction of the Project; and WHEREAS, the Corporation and the User contemplate that the Project will be sold on an installment payment. basis or leased to the User or that proceeds of the Bonds will be loaned to the User in order to pro- vide temporary or permanent financing of all or part of the costs of the Project and that the installment purchase, rental or loan payments therefor will be sufficient to pay the principal of and any premium and interest on the Bonds ; and WHEREAS, it is the desire of the Corporation that the acquisition and construction of the Project occur at the earliest possible time so as to promote and encourage employment and the public welfare within the Unit ; and WHEREAS, it is intended that this Agreement to Issue Bonds shall constitute "some other similar official action" toward the issuance of the Bonds within the meaning of Section 1.103-8(a)(5) of the Treasury regulations issued pursuant to Section 103(b) of the Internal Revenue Code of 1954, as amended (the "Code"); NOW, THEREFORE, in consideration of the premises and other good and valuable consideration and of the mutual benefits, covenants and agree- ments herein expressed, the Corporation and the User agree as follows: 1. The User shall commence with the acquisition and construction of the Project, which Pro,;ect will be in furtherance of the public purposes of the Corporation and the Unit as aforesaid, and the User will provide, or cause to be provided, at its expense, the necessary interim financing to expedite the commencement of the acquisition and -2- U • construction of the Project. Oa or prior to the issuance of the Bonds, the User will enter into a purchase, lease or loan agreement oa as installment payment basis (herein called the "Agreement") with the Corporation under which the Corporation will sell or lease the Project - -_ to the User or make a loan to the User for the purpose of providing '----- temporary or permanent financing of all or part of the costs of the Project and the User will make installment payments sufficient to pay the principal of and any premium and interest on such series of Bonds. The Bonds shall never constitute as indebtedness or pledge of the faith and credit of the State, of the Unit, or of any other political corporation, subdivision or agency of the State within the meaning of any State constitutional or statutory provision, and the Bonds shall never be paid is whole or in :part out of any funds raised or to be raised by taxation or any other funds of the Uait, and shall be payable from the funds of the Corporation derived from or in connection with the sale or lease o:f the Project or the loan of the proceeds of the Bonds . 2. On receipt of a ruling from the Internal Revenue Service (or the opinion of nationally recognized bond counsel) that interest paid oa the Bonds is exempt from federal income taxation, the Corporation hereby agrees to issue, pursuant to the terms of the Act, the Bonds, or from time to time the portion thereof as may be the subject of such a ruling or opinion as aforesaid, in an appropriate principal amount not exceed- ing that which is the subject of a ruling or opinion as aforesaid, maturing in such amount and times, bearing interest at the rates, pay- able on the dates and haviag~such optional and mandatory redemption features and prices as are agproved in writing by the User. The Cor- poration will deliver the Bonds to the purchaser designated by the Usez and will cooperate to the fullest extent in facilitating delivery of the Bonds. - 3. The Corporation and the User agree 'that the Bonds may be issued either at one time or is several series from time to time as the User shall request in writing; provided, however, that the parties agree that the Bonds will be issued in as aggregate principal amount as will not exceed the amount which is the subject of a ruling or rulings or opinion or opinions as aforesaid. A request in writing for issuance of one or more series of Bonds shall not affect the obligation hereunder of the Corporation to issue the remaining Bonds as written requests there- for are received. It is further agreed that the proceeds of the Bonds or portions thereof whether or not issued in a series, shall not be invested so as to constitute the Bonds or a portion thereof as arbitrage bonds within the meaning of Section 103(c) of the Code and applicable regulations promulgated pursuant thereto. 4. The payment of the ,principal of and any premium and interest on the Bonds shall be made solely from moneys realized from the sale or J -3- • • lease of the Project or from moneys realized from the loan of the pro- ceeds of the Bonds to finance all or part of the costs of the Project. 5. The costs of the Project (hereinafter the "Project Costs")-may. include any cost of acquiring, constructing, reconstructing,. improving and expanding the Project. Without limiting the generality of the foregoing, the Project Costs shall specifically include the cost of the acquisition of all land, rights-of-way, property rights, easements and interests, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after com- pletion of construction whether or not capitalized, necessary reserve funds, costs of estimates and of engineering and legal services, places, specifications, surveys,. estimates of cost aced of revenue, other expen- ses necessary or incident to determining the feasibility aced practic- ability of acquiring, constructing, reconstructing, improving and ex- panding the Project, administrative expenses and such other expenses as may be necessary or incident to the acquisition, construction, recon- struction, improvement and expansion of the Project, the placing of the Project in operation and all incidental expenses, costs aced charges relating to the Project not enumerated above. The parties agree, upon request, to provide or to cause to be provided to each other any data or information which may be reasonably required to verify any of the Pro- ject Costs enumerated in this paragraph. The User agrees that it will be responsible for aced pay any Project Costs incurred prior to issuance of the Bonds and will pay all Project Costs which are not or cannot be paid or reimbursed from the proceeds of the Bonds. 6. The User agrees that it will at all times indemnify and hold harmless the Corporation, the Board of Directors of the Corporation, the Unit, the City Council of the Unit and any of the officers, directors, employees, agents, servants and any other party acting for or oa behalf of the Corporation of the Unit (such parties being hereinafter referred to as the "Indemnified Parties") against any and all losses, costs, damages, expenses and liabilities (collectively herein called "Losses") of whatsoever nature (including, but not limited to, attorneys`. fees, litigation and court costs, amounts paid in settlement and amounts paid to discharge judgments) directly or indirectly resulting from, arising out of or relating to one or more Claims, as hereinafter defined, even if such Losses or Claims, or both, directly or indirectly result from, arise out of or relate to, or are asserted to have resulted from, arisen out of or related to, in whole or is part, one or more negligent acts or emissions of the Indemnified Parties is connection with the issuance of the Bonds dr in connection with the Project. The term "Claims" as used herein shall mean all claims, lawsuits, causes of action aced other legal actions aced proceedings of whatsoever nature, including but not limited to claims, lawsuits, causes of action and other legal actions aced proceedings, involving bodily or personal injury or death of any person -4- • • or damage to any property (including, but not limited to, persons _ employed by the Corporation, the Unit, the User or any other person and all property owned or claimed by the Corporation, the Unit, the User, any affiliate of the User or any other person) or involving damages __- __ _ .-. relating to the issuance, offering, sale or delivery of the Bonds --- _ brought against any Indemnified Party or to which any Indemnified Party is a party, even if groundless, false or fraudulent, that directly or indirectly result from, arise out of or relate to the issuance, offering, sale or delivery of the Bonds or the design, construction, installation, operation, use, occupancy, maintenance or ownership of the Project or any part thereof. The obligations of the User shall apply to all Losses or Claims, or both, that result from, arise out of or are related to nay event, occurrence, condition or relationship prior to termination of this Agreement to Issue Bonds, whether such Losses or Claims, or both, are asserted prior to termination of this Agreement to Issue Bonds or.:~hereafter. None of the Indemnified Parties shall be liable to the User for, and the User hereby releases each of them from all liability to the User for, all injuries, damages or destruction of all or any part or parts of any property owned or claimed by the User that directly or indirectly result from, arise out of or relate to the design, construction, operation, use, occupancy, maintenance or ownership of the Project or any part .thereof , even if such injuries , damages or destruction directly or indirectly result from, arise out of or relate to, in whole or in part, one or more negligent acts or omissions of the Indemnified Parties in connection with the issuance of the Bonds or in connection with the Project. Each Indemnified Party, as appropriate, shall reimburse the User for payments made by the User to the extent of any proceeds, net of all expenses of collection, actually received by them from any insurance with respect to the Loss sustained. Each Indemnified Party, as appropriate, shall have the duty to claim any such insurance proceeds and the Indemnified Party, as appropriate, shall assign its respective rights to such proceeds, to the extent of such required reimbursement, to the User. In case any action shall be brought or to the knowledge of any Indemnified Party, threatened against any of them is respect of which indemnity may be sought against the User, the Indemnified Party shall promptly notify the User in writing and the User shall have the right to assume the investigation and defense thereof, including the employment of counsel and the payment of all expenses. The Indemnified Party shall have the right to employ separate counsel in any such action and participate in the investigation and defense thereof, but the fees and expenses of such counsel shall be paid by the Indemnified Party unless (a) the employment of such counsel , has been specifically authorized by the User, in writing, (b) the User has failed to assume the defense and to employ counsel or (c) the named parties to any such action (including any impleaded parties) include both as Indemnified Party and the User, and said Indemnified Party shall have been advised by such counsel that there may be one or more legal -5- ~_ ~.,J defenses available to it which are different from or additional to those available to the User (in which case, if the Indemnified Party notifies the User in writing that it elects to employ separate counsel at the .- User's expense, the User shall not have the right to assume the defense -_-_ --_ of such action oa behalf of such Indemnified Party, it being understood, - ---- .- however, that the User shall not, in connection with any one such action or separate but substantially similar or related actions in the same jurisdiction arising out of the same general allegations or circumstances, be liable for the reasonable fees and expenses of more than one separate firm of attorneys for the Indemnified Parties [provided that any Indemaified`Party which has been advised by counsel that there may be one or more `legal defenses available to it which are different from or additional to those available to any other Indemnified Party shall have the right to employ separate counsel whose fees and expenses shall be paid by the User), which firm shall be designated is writing by said Indemnified Party). The Indemnified Party, as a condition of such indemnity, shall use its best efforts to cooperate with the User is the defense of any such action or claim. The User shall not be liable for any settlement of any such action without its consent but, if any such action is settled with the consent of the User or if there be final judgment for the plaintiff in such action, the User agrees to indemnify and hold harmless the Indemnified Party from and against any Loss by reason of Such settlement or judgment. The provi- sions of this paragraph shall .survive the expiration or termination of this Agreement to Issue Bonds. 7. If within three (3) years from the date hereof (or such later date as shall be mutually satisfactory to the Corporation and the User) the Corporation and the User shall not have agreed to mutually accept- able terms for the Bonds sad for the sale and delivery thereof and mutually acceptable terms and. conditions of the Agreement, the User agrees that it will pay the Corporation for all unpaid Project Costs which the Corporation shall have incurred and this Agreement to Issue Bonds shall thereupon terminate. In the event that the User elects, prior to any such termination, not to proceed with. the issuance of the Bonds for any reason, it shall.,: so notify the Corporation in writing and shall promptly pay to the Corporation all Project Costs incurred by the Corporation prior to such notification, and if payment is so made, the User's obligations under paragraph 5 above shall terminate from and after the date of such notification. 8. The User may, without the consent of the Corporation, transfer or assign this Agreement to Issue Bonds or transfer or assign any or all of its rights and delegate aay`or all of its duties hereunder to any of its subsidiaries or affiliates currently existing or hereafter created, __- but no such transfer, assignment or delegation shall, without the writ- ten consent and approval of the Corporation, relieve the User of its -6- • • • liability for payment of Project Costs under paragraphs 5 and 7 hereof ~~. or indemnification under paragraph 6 hereof. This Agreement to Issue Bonds and accompanying authorizing resolu-- ---_ :-. tion shall be deemed and construed a resolution authorizing the issuance -- -- . of the Bonds and other similar official action of the Corporation, acting by and through its Board of Directors, toward the issuance of the Bonds as herein contemplated. IN WITNESS WHEREOF, the City of La Porte Industrial Development Corporation, acting pursuant to a resolution of its Board of Directors, and La Quinta Motor Inns, Inc. have caused this Agreement to Issue Bonds to be executed and attested by their duly authorized officers as of the year and date first above written. '` CITY OF LA PORTE INDUSTRIAL DEVELOPMENT CORPORATION B y Pre dent ATTEST: Secretary (SEAL) •~ LA QUINTA MOTOR INNS, INC. By Title: ATTEST Title: (SEAL) -7- EXHIBIT "A" The project to be financed with the proceeds of the Bonds (the- -:__ - - "Project") is the construction of (i) a two-story, 114-room motor ina ~ - _ with parking facilities for approximately 130 cars and (ii) a free- standing restaurant to accommodate approximately 150 patrons with on-premises parking facilities for approximately 55 cars. The project will include acquisition and improvement of the Project site, construc- tion of the motor inn facility containing approximately 130,092 square feet and the restaurant containing approximately 2600 square feet, landscaping aad acquisition aad installation of various items of fur- nishings, fixtures, equipment and improvements functionally related and subordinate to the foregoing. The Project will be located in the southeast quadrant of the intersection of US Highway 146 aad Fairmont Parkway in the City of La Porte, Texas. 0 STATE OF TEXAS X COUNTY OF HARRIS X CITY OF LA FORTE X II~RGII~TCY ADDENDUM REGUTAR MEETING OF THE LA-FORTE CITY COUNCIL TO BE HELD APRIL 6, 1983 IN THE COUNCIL CHAMBERS OF THE LA PORTS CITY HALL, 604 WEST FAIRbDNT PARRY, BEGINNING AT 7:00 P.M. Martha Rose, Morris Rose and Sybil Fouche will appear before the City Crnmcil to discuss the discormectian of electrical service at 120 W. Main ( the old Johnson Hotel). Requested By: Councilpersan Lindsay Pfeiffer • Councilpersan B. Don Skelton Councilpersan Linda Westergren Councilpersan Ed Matuszak Councilperson Deotis Gay Notice is hereby given that the City Manager, at the request of five City Councilpersons has requested the City Secretary to post an emergency addend~mn for the April 6, 1983 Council Meeting at 9:30 A.M., Wednesday, April 6, 1983. The emergency addendum as stated above is hereby posted on the bulletin board located at a place convenient to the public in the City Hall of the City of La Porte, at 10:00 A.M. on the 6th day of April, 1983. Witness my hand and the Seal of the City of La Porte, Texas, this the 6th day of April, 1983. City of La Porte . ~ t Waters City Secretary