HomeMy WebLinkAbout1991-12-18 Special Called Meeting•
MINUTES OF THE SPECIAL CALLED MEETING
OF THE LA PORTE CITY COUNCIL
DECEMBER 18, 1991
1.
2.
3.
The meeting was called to order by Mayor Malone at 6:00 P.M.
Members of City Council Present: Mayor Norman Malone,
Councilpersons Mike Cooper, Bob Thrower, Bob McLaughlin,
Deotis Gay, B. Don Skelton, Jerry Clarke
Members of City Council Absent: Councilpersons Guy Sutherland
and Alton Porter.
Members of City Staff Present: City Manager Bob Herrera,
Assistant City Manager John Joerns, Assistant to the City
Secretary Sue Lenes, City Attorney Knox Askins
Others Present: Citizen Russell Ybarra
Public Hearing on compromise City Council redistricting plan.
Maps were presented and reviewed for the proposed
redistricting plan. City Attorney left the table at 6:05 and
returned at 6:10 with the original map as presented by the Re-
Districting Committee and the original map presented by
Councilperson Gay.
Mayor Malone closed the Public Hearing at 6:15 P.M.
Council considered ordinance adopting compromise re-
districting plan (Ord. 1800).
City Attorney knox Askins read: ORDINANCE 1800 - AN ORDINANCE
DETERMINING THE POPULATION OF THE CITY OF LA PORTE AS
DETERMINED BY THE 1990 U.S. CENSUS; FINDING THAT THE
DISTRIBUTION OF POPULATION AMONG THE VARIOUS COUNCIL DISTRICTS
IS MATERIALLY UNBALANCED; ESTABLISHING NEW DISTRICT BOUNDARIES
FOR THE RESIDENCE AND ELECTION OF DISTRICT COUNCILPERSONS;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
City Attorney Knox Askins reviewed and explained the Exhibits
to Ordinance 1800.
Motion was made by Councilperson Gay to adopt Ordinance 1800.
Second by Councilperson Cooper. The motion carried, 6 ayes,
0 nays and 1 abstaining.
• •
Minutes, Special Called Meeting
La Porte City Council
December 18, 1991, Page 2
Ayes: Councilpersons Cooper, Thrower, McLaughlin, Gay,
Clarke and Mayor Malone
Nays: None
Abstain: Councilperson Skelton
4. Council considered approving extension of Southwestern Bell
Telephone Company Franchise Agreement (Ord. 1801).
City Attorney Knox Askins read: ORDINANCE 1801 - AN ORDINANCE
APPROVING AND AUTHORIZING AN EXTENSION OF SOUTHWESTERN BELL
TELEPHONE FRANCHISE AGREEMENT, AS CONTAINED IN ORDINANCE 419-
A, ENACTED ON APRIL 4, 1952, THROUGH JUNE 30, 1992; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
City Attorney Knox Askins updated Council on the most recent
data and studies regarding the franchise agreement.
Mr. Bob Herrera stated that the economic impact from the
franchise fee is estimated to be $100,000.00.
Motion was made by Councilperson Skelton to approve Ordinance
1801 extending the Southwestern Bell Telephone Company
Franchise Agreement. Second by Councilperson Cooper. The
motion carried, 7 ayes and 0 nays.
Ayes: Councilpersons Cooper, Thrower, McLaughlin, Gay,
Skelton, Clarke and Mayor Malone.
Nays: None
5. EMERGENCY ADDENDUM for an executive session.
Council adjourned into executive session at 6:30 P.M. under
V.A.T.S. Article 6252-17, A. Section 2(R) - (Conference), to
receive report from City Manager on East "E" Street Contract.
Council returned to the table at 6:50 P.M.
Item A. Section 2(R) - (Conference)
Receive report from City Manager on East "E" Street
No action was taken.
•
Minutes, Special Called Meeting
La Porte City Council
December 18, 1991, Page 3
6. There being no further business to come before the Council,
the meeting was duly adjourned at 6:52 P.M.
Respectfully submitted:
Passed and Approved this the
13th day of January, 1992
~~,~~~~~
Orman Malone, Mayor
Sue Lenes
Assistant to the City Secretary
~ ~
ORDINANCE NO. 1800
AN ORDINANCE DETERMINING THE POPULATION OF THE CITY OF LA PORTE AS
DETERMINED BY THE 1990 U.S. CENSUS; FINDING THAT THE DISTRIBUTION OF
POPULATION AMONG THE VARIOUS COUNCIL DISTRICTS IS MATERIALLY
UNBALANCED; ESTABLISHING NEW DISTRICT BOUNDARIES FOR THE RESIDENCE
AND ELECTION OF DISTRICT COUNCILPERSONS; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte has
heretofore, on December 10, 1990, appointed a City Council Re-
Districting Committee, pursuant to the requirements of Article 2.01
of the Home Rule Charter of the City of La Porte, which requires an
investigation and determination of the population of each of the
Council Districts from which District Councilpersons are to be
elected, after the 1990 Federal Census. The City Council of the
City of La Porte finds that the population of the City of La Porte
as of May 1, 1990, as determined by the Federal Census was 27,910.
The population by present Council Districts and ethnic breakdowns is
as shown on Exhibit "A" attached hereto, incorporated by reference
herein and made a part hereof for all purposes.
Section 2. The City Council of the City of La Porte finds,
determines and declares that the distribution among the various
Council Districts is materially unbalanced.
Section 3. The City Council of the City of La Porte hereby
establishes polling places and new district boundaries for the
residence and election of District Councilpersons, effective with
the election of May 2, 1992, as shown by the legal descriptions on
Exhibit "B" attached hereto, incorporated by reference herein, and
made a part hereof for all purposes. A plat showing the new
district boundaries is attached hereto as Exhibit "C", incorporated
by reference herein, and made a part hereof for all purposes. The
population by proprosed Council Districts and ethnic breakdowns is
as shown on Exhibit "D" attached hereto, incorporated by reference
herein and made a part hereof for all purposes.
Section 4. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
•
ORDINANCE NO. 1800 Page 2
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 5. The Re-Districting shall be effective for the
election to be held May 2, 1992.
Section 6. Ordinance No. 1775, passed and approved August 12,
1991, is hereby repealed.
PASSED AND APPROVED this the
day of
1991.
CITY OF LA PORTE
ATTEST:
Cherie Black, City Secretary
APP TIED: ;-;
GG'~%~.
Knox W. Askins, City Attorney
BY
Norman Malone, Mayor
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• •
EXHIBIT "B"
ELECTION PRECINCT #1
BOUNDARIES:
BEGINNING at the intersection of the Southern Pacific Railroad
tracks and Spencer Highway (West Main Street);
THENCE westerly along Spencer Highway (West Main Street) to Big
Island Slough;
THENCE northerly along Big Island Slough to north boundary of
Creekmont Subdivision;
THENCE west along north boundary of Creekmont Subdivision to
Underwood Road;
THENCE north along Underwood Road to the Southern Pacific Railroad
tracks;
THENCE southeasterly along the Southern Pacific Railroad tracks,
following a curve to the south, and continuing in a southerly
direction along the Southern Pacific Railroad tracks to Spencer
Highway (West Main Street), to the POINT OF BEGINNING.
ELECTION PRECINCT #2
BOUNDARIES
BEGINNING at the intersection of the center line of Big Island
Slough and Fairmont Parkway;
THENCE west along Fairmont Parkway to the east boundary line of the
one hundred forty one (141) acre San Jacinto Junior College Site,
same being the west boundary line of the former College View M.U.D.
as described in Article 8280-381, V.A.T.S.;
THENCE northerly along the west boundary line, and a northerly
projection thereof, of said (College View M.U.D.) to Spencer
Highway (West Main);
THENCE east along Spencer Highway (West Main Street) to the center
line of Myrtle Creek Drive;
THENCE south along Myrtle Creek Drive to Cedarmont Drive;
THENCE southerly along Cedarmont Drive to its intersection with the
westerly projection of the rear lot lines of Block 17 in Fairmont
Park West Section One;
Page 1 of 6
• •
THENCE southeasterly along the rear lot lines of Block 17 in
Fairmont Park West Section One, passing through Parkmont Drive and
following the rear lot line of Block 18 of Fairmont Park West
Section Two, to Quiet Hill Road;
THENCE westerly along Quiet Hill Road to Willmont Road;
THENCE southerly along Willmont Road to its intersection with the
westerly projection of the rear lot line of Block 35 in Fairmont
Park West Section Two;
THENCE easterly along the rear lot lines of Block 35 in Fairmont
Park Section Two to the center line of Roseberry Drive;
THENCE northerly along the center line of Roseberry Drive to the
center line of Hillridge Road;
THENCE easterly along the center line of Hillridge Road to the
center line of Big Island Slough;
THENCE southerly along the center line of Big Island Slough to the
intersection of Fairmont Parkway, to the POINT OF BEGINNING.
ELECTION PRECINCT #3
BOUNDARIES:
BEGINNING at the intersection of an Exxon Pipeline Easement and
Fairmont Parkway;
THENCE west along Fairmont Parkway to the center line of Big Island
Slough;
THENCE northerly along the center line of Big Island Slough to the
center line of Hillridge Road;
THENCE westerly along Hillridge Road, to the center line of
Roseberry Drive;
THENCE southerly along the center line of Roseberry Drive to the
intersection with the easterly projection of the rear lot line of
Block 35 in Fairmont Park West Section Two';
THENCE westerly along the rear lot line of Block 35 in Fairmont
Park Section Two to the center line of Willmont Road;
THENCE northerly along the center line of Willmont Road to the
center line of Quiet Hill Road;
THENCE easterly along the center line of Quiet Hill Road to the
intersection of the southeasterly projection of the rear lot line
of Block 18 in Fairmont Park West Section Two;
Page 2 of 6
THENCE northwesterly along the rear lot line of Block 18 in
Fairmont Park West Section Two, passing through Parkmont Drive and
becoming the rear lot line of Block 17 Fairmont Park West Section
One to Cedarmont Drive;
THENCE northerly along Cedarmont Drive to Myrtle Creek Drive;
THENCE northerly along Myrtle Creek Drive to Spencer Highway (West
Main Street);
THENCE west along Spencer Highway (West Main Street) to Underwood
Road;
THENCE north along Underwood Road to the north boundary of the
Creekmont Subdivision;
THENCE east along the north boundary of the Creekmont Subdivision
to Big Island Slough;
THENCE southerly along Big Island Slough to Spencer Highway (West
Main Street);
THENCE east along Spencer Highway (West Main Street) to an Exxon
Pipeline Easement;
THENCE southerly along an Exxon Pipeline Easement to Fairmont
Parkway, to the POINT OF BEGINNING.
ELECTION PRECINCT #4
BOUNDARIES:
BEGINNING at the intersection of North Broadway and the Southern
Pacific Railroad tracks;
THENCE south along North Broadway Street to Barbour's Cut
Boulevard;
THENCE east along Barbour's Cut Boulevard to North Brownell Avenue;
THENCE south along North Brownell Avenue to East Madison Street;
THENCE east along East Madison Street to North Holmes Avenue;
THENCE southerly along North Holmes Avenue to East Main Street;
THENCE westerly along East Main Street to South Broadway Street;
THENCE south along South Broadway Street to West "A" Street;
Page 3 of 6
'. •
•
THENCE west along West "A" Street to State Highway 146;
THENCE south along State Highway 146 to West "B" Street;
THENCE west along West "B" Street to South 13th Street;
THENCE south along South 13th Street to West "E" Street;
THENCE west along West "E" Street to the Southern Pacific Railroad
tracks;
THENCE north along Southern Pacific Railroad tracks, following a
curve to the east of said railroad tracks;
THENCE easterly along the Southern Pacific Railroad tracks to North
Broadway Street, to the POINT OF BEGINNING.
ELECTION PRECINCT #5 TRACT I
BOUNDARIES:
BEGINNING at the intersection of Harbour's Cut Boulevard and North
Brownell Avenue;
THENCE east along Harbour's Cut Boulevard to Donaldson Avenue;
THENCE southeasterly along Donaldson Avenue to the shoreline of
Galveston Bay;
THENCE southerly along the shoreline of Galveston Bay to the north
city limit line of Shoreacres, (or the south line of Tract I);
THENCE west along the north city limit line of Shoreacres (or the
south line of Tract I) to South Broadway Street (Old Highway 146);
THENCE north along South Broadway Street (Old Highway 146) to East
Main Street;
THENCE easterly along East Main Street to North Holmes Avenue;
THENCE northerly along North Holmes Avenue~to East Madison Street;
THENCE west along East Madison Street to North Brownell Avenue;
THENCE north along North Brownell Avenue to Harbour's Cut
Boulevard, to the POINT OF BEGINNING.
Page 4 of 6
•
ELECTION PRECINCT #5 TRACT II
BOUNDARIES:
BEGINNING at the intersection of South Broadway Street (Old Highway
146) and the south city limit line of Shoreacres (or the north line
of Tract II);
THENCE easterly along the south city limit line of Shoreacres (or
the north line of Tract II) to the shoreline of Galveston Bay;
THENCE southerly along the shoreline of Galveston Bay to the south
city limit line of La Porte (or the south line of Tract II);
THENCE easterly along the south city limit line of La Porte (or the
south line of Tract II) to South Broadway Street (Old Highway 146);
THENCE north along South Broadway Street (Old Highway 146) to the
south city limit line of Shoreacres (or the north line of Tract II)
to the POINT OF BEGINNING.
ELECTION PRECINCT #6
BOUNDARIES:
BEGINNING at the intersection of West "A" street and South Broadway
Street;
THENCE south along South Broadway Street to the south city limit
line of La Porte;
THENCE west along the south city limit line of La Porte to the
Southern Pacific Railroad tracks;
THENCE northerly along the Southern Pacific Railroad tracks to
Fairmont Parkway;
THENCE west along Fairmont Parkway to an Exxon Pipeline Easement;
THENCE northerly along an Exxon Pipeline Easement to Spencer
Highway (West Main Street);
THENCE east along Spencer Highway (West Main Street) to the
Southern Pacific Railroad tracks;
THENCE south along the Southern Pacific Railroad tracks to West "E"
Street;
Page 5 of 6
• •
THENCE east along West "E" Street to
THENCE north along South 13th Street
THENCE east along West "B" Street to
THENCE north along State Highway 146
THENCE east along West "A" Street to
POINT OF BEGINNING.
South 13th Street;
to West "B" Street;
State Highway 146;
to West "A" Street;
South Broadway Street, to the
Page 6 of 6
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•
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 12 18 91
Requested By: Knox W• Askins /~~' "pepartment: City Attorney
Report
Resolution x
Ordinance
Exhibits:
The City's Franchise Agreement with Southwestern Bell Telephone
expires December 31, 1991. The City and Southwestern Bell are in
negotiation for a new Franchise Agreement. Approval of the attached
ordinance will authorize extension of the present Franchise
Agreement, until a new Franchise Agreement can be negotiated and
approved.
Action Required by Council:
Approval of Ordinance
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other (Motor Pool Replacement Fund)
Account Number: Funds Available: YES NO
ARproved for Ci~.y Council Agenda
Robert T. Herrera
City Manager
i2- i$-g~
DATE
i
ORDINANCE NO. 1801
•
AN ORDINANCE APPROVING AND AUTHORIZING AN EXTENSION OF SOUTHWESTERN
BELL TELEPHONE FRANCHISE AGREEMENT, AS CONTAINED IN ORDINANCE 419-A,
ENACTED ON APRIL 4, 1952, THROUGH JUNE 30, 1992; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The City Manager is hereby authorized to execute such document and
all related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 18th day of December, 1991.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cher a Black
City Secretary
APP OVED:
Knox W. Askins
City Attorney
KNOX W. ASKINS
JOHN O. ARMSTRONG
December 12, 1991
ASKINS b ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P. O. BOX 1216
LA PORTE, TEXAS 77572-1218
Ms. Cherie Black/Sue Lenes
City Secretary
City of La Porte
City Hall
La Porte, Texas
Dear Cherie & Sue:
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
Today or tomorrow, please post open meeting notices as follows:
1) Post notice of meeting of City Council Re-Districting Committee
for 1:30 P.M. on Wednesday, December 18, 1991. Topic: Consider
compromise re-districting plan.
2) Post notice for a special call meeting of City Council for 6:00
P.M. Wednesday, December 18, 1991, with the following topics:
a) public hearing on proposed compromise City Council re-
districting plan,
b) consider ordinance adopting compromise re-districting plan,
c) consider ordinance approving extension of Southwestern eel.l
Telephone Company Franchise Agreement,
d) adjournment.
Thank you for your kind assistance in this matter.
Yours very truly,
Knox W. Askins
City Attorney
City of La Porte
KWA:sw
i •
December 18, 1991
CITY OF I,A
PHONE (713) 471-5020 • P. O. BOx 1115
Mr. John McInnis
Southwestern Bell Telephone
One Bell Plaza
Room 3020.28
P.O. Box 655521
Dallas, TX 75265-5521
FORTE
• LA PORTS, TExAS 77572
Re: Extension of City of La Porte/Southwestern Bell Telephone
Franchise Agreement dated April 4, 1952, as described in City
of La Porte Ordinance No. 419-A
Dear Mr. McInnis:
At a special meeting of City Council on December 18, 1991, the City
of La Porte agreed to extend the terms of the above-referenced
Franchise Agreement between the City of La Porte and Southwestern
Bell Telephone, as amended, through June 30, 1992.
The purpose of this extension is to allow the City of La Porte and
Southwestern Bell Telephone Company to negotiate terms of a new
agreement between the City and Southwestern Bell. This extension
may be terminated by either party after ninety (90) days written
notice, or may be terminated by a new ordinance passed by the City
of La Porte and accepted by Southwestern Bell Telephone Company.
Yours very truly,
CITY OF LA FORTE
By:
Robert T. Herrera
City Manager
ACCEPTED AND AGREED,
this day of December, 1991,
SOUTHWESTERN BELL TELEPHONE COMPANY
By:
John McInnis
Area Manager-External Affairs