HomeMy WebLinkAbout1992-09-28 Regular Meeting~ •
MINUTES OF THE REGULAR MEETING OF CITY COUNCIL
SEPTEMBER 28, 1992
1. The meeting was called to order by Mayor Malone at 6:00 P.M.
Members of City Council Present: Mayor Norman Malone,
Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob
McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell, Jerry
Clarke
Members of City Council Absent: None
Members of City Staff Present: City Manager Bob Herrera, City
Attorney Knox Askins, City Secretary Cherie Black, Assistant
City Manager John Joerns, Public Works Director Steve Gillett,
Finance Director Jeff Litchfield, Human Resources/Purchasing
Manager Louis Rigby, Police Chief Bobby Powell, Planning
Director Chuck Harrington
Others Present: Golf Course Manager Alex Osmond, Lt. Carl
Crisp, Officer Donna Wood, Officer Richard Ayers, Reserve
Officer Pat O'Connor, Street Superintendent Orville Burgess,
Employee of the Quarter Dave Kocurek, Mrs. Lou Lawler, Father
Rivers Patout, Chaplain Randy Albano, Chaplain Don Johnson,
Susan Harper, 4 citizens
2. The invocation was given by Councilperson Porter.
3. Council considered approving the minutes of the public
hearings and regular meeting held September 14, 1992.
Motion was made by Councilperson Clarke to approve the
September 14 minutes as presented. Second by Councilperson
Sutherland. The motion carried, 8 ayes and 0 nays
(Councilperson Gay was away from the table).
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Maxwell, Clarke and Mayor
Malone
Nays: None
4. The Mayor proclaimed Retired Senior Volunteer Program (RSVP)
Recognition Day and also recognized by proclamation the 19th
World Congress of the Apostleship of the Sea.
5. The Mayor named the Employee of the Quarter for April, May and
June, 1992. Dave Kocurek was presented a plaque in
recognition of his outstanding work efforts.
6. There were no citizens wishing to address Council.
Minutes, Regular Meeting, La Porte City Council
September 28, 1992, Page 2
7. Council considered an ordinance approving and authorizing a
contract between the City of La Porte and Sanifill of Texas,
Inc., for the operation of Sanitary Landfill.
The City Attorney read: ORDINANCE 1862 - AN ORDINANCE
APPROVING AND AUTHORIZING CONTRACT BETWEEN THE CITY OF LA
PORTS AND SANIFILL OF TEXAS, INC., FOR THE OPERATION OF
SANITARY LANDFILL; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Sutherland to adopt Ordinance
1862 as read by the City Attorney. Second by Councilperson
Cooper. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
8. This item was requested to be taken to executive session.
9. Council considered an ordinance vacating, abandoning and
closing a portion of North 15th street between blocks 681 and
682.
The City Attorney read: ORDINANCE 1864 - AN ORDINANCE
VACATING, ABANDONING AND CLOSING A PORTION OF NORTH 15TH
STREET, IN THE TOWN OF LA PORTS, HARRIS COUNTY, TEXAS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Cooper to adopt Ordinance
1864. Second by Councilperson McLaughlin. The motion
carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Gay, Maxwell, Clarke and Mayor Malone
Nays: None
10. Council considered an ordinance establishing new annual
membership fees for Bay Forest Golf Course.
The City Attorney read: ORDINANCE 1587-F - AN ORDINANCE
AMENDING ORDINANCE 1587, AN ORDINANCE ESTABLISHING USER FEES
AND RULES AND REGULATIONS FOR THE CITY OF LA PORTS BAY FOREST
GOLF COURSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
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Minutes, Regular Meeting, La Porte City Council
September 28, 1992, Page 3
t~iS/-r aQaln9 Lv aecLivn 1 LilCiL 1Ce~i3l~lellL ~7C111VLr`S Gllllual
memberships be established at 5600.00 per vear. Second by
Councilperson Maxwell. The motion carried, 5 ayes and 4 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, Gay and
Maxwell
Nays: Councilpersons McLaughlin, Porter, Clarke and Mayor
Malone
il. Council considered an ordinance changing the number of
authorized Civil Service positions.
The City Attorney read: ORDINANCE 1285-I - AN ORDINANCE
AMENDING ORDINANCE NO. 1285, "AN ORDINANCE IMPLEMENTING
POLICEMEN'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS;
NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION;
ESTABLISHING PAY SCHEDULES; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF."
Motion was made by Counc:
1285-I as read by the City
Gay. The motion carried,
Ayes: Councilpersons
McLaughlin, Por
Malone
Nays: None
Llmerson Maxwell to adopt Ordinance
~ Attorney. Second by Councilperson
9 ayes and 0 nays.
Sutherland, Cooper, Thrower,
ter, Gay, Maxwell, Clarke and Mayor
12. Administrative Reports
A. The City Manager announced the dates for a Council
retreat will be November 6, 7 and 8. A memo detailing
the retreat will be forthcoming.
B. John Joerns reported that the lift station 30 force main
diversion has been completed; County approval is needed
and expected soon.
C. Bob Herrera informed Council of a grant in the amount of
$10,000 from Southwestern Bell, to be used for
development of a "Bayfront Master Plan."
13. Council Action
Councilpersons McLaughlin, Porter and Gay brought items to
Council's attention.
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Minutes, Regular Meeting, La Porte City Council
September 28, 1992, Page 5
14. Council adjourned into executive session at 6:55 P.M. under
V.A.T.S. - ARTICLE 6252-17, SECTION 2(G) - (PERSONNEL), to
discuss the following: (A) Discuss appointment to Zoning
Board of Adjustment; (B) Receive report from City Manager
regarding personnel matters. Council returned to the table at
7:23 P.M. No action was taken during the executive session.
Council then addressed item 8: Consider ordinance appointing
member to fill unexpired term, Position 2, on La Porte Zoning
Board of Adjustment.
The City Attorney read: ORDINANCE 1863 - AN ORDINANCE
APPOINTING A MEMBER TO FILL THE UNEXPIRED TERM OF STEVE HINES,
POSITION 2, ON THE LA PORTE ZONING BOARD OF ADJUSTMENT, TO
EXPIRE MAY 30, 1994; CONTAINING A REPEALING CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Clarke to adopt Ordinance
1863 as read by the City Attorney, appoint Bob Capen to fill
the unexpired term of Steve Hines, and seek an alternate to
fill Bob Capen's vacated position. Second by Councilperson
Maxwell. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
15. There being no further business to come before the Council,
the meeting was duly adjourned at 7:26 P.M.
Respectfully submitted:
~.%~~
Cherie Black, City Secretary
Passed & Approved, this the 12th
day of October, 1992
Norman L. Malone, Mayor
Office of the Mayor
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~~Y'Q~,~ ; On October 8 through 13, 1992, the 19th World
Congress of the Apostleship of the Sea will assemble in
the Houston area; and
WHEREAS, this will be the first time ever that this Congress has met in the
Americas; and
WHEREAS, the theme of the Congress will be "Christian Living on Board
Sliip", with delegates sharing their faith and experiences, and workshops provided for everyone
to integrate what he or she has learned; and
WHEREAS, on October I1, the Barbour's Cut Seafarers Center will host a
'Texas Hospitality" gathering for delegates; and
WHEREAS, it is an honor to be a part of the Annual Congress of the
Apostleship of t/ie Sea.
NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City
of La Porte, do hereby proclaim that all Directors, Delegates and other participants are x~elcome
to the City of La Porte, and hope that your time spent here and in the Hoicston area will be an
enjoyable and fulfilling occasion.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Seal of the City to be affixed hereto, this the 28th day of September, 1992.
CITY OF LA PORTE
Norman L. Malone, Mayor
Office of the
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j~pxp~i~ : More than 230,000 Harris County residents are 65 years
of age or older with rich years of promise still before
them; and
WHEREAS, many of our older citizens have given and continue to give their
best to Hams County through the Retired Senior Volunteer Program; and
WHEREAS, Retired Senior Volunteer Program Recognition Day is a time for all
citizens of La Porte to renew the recognition, the respect and the active concern which properly
belongs to our older cituens and to acknowledge that most older persons are not mere onlookers
in our society, but that they are vital, versatile, and highly valued contributors to the quality of
our city's life; and
WHEREAS, actions on behalf of our older citizens should be
designed to free and assist senior citizens so that they may remain active and
involved in ways of their own choosing
NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City
of La Porte, do hereby proclaim the week of October 13, 1992, as
RETIRED SENIOR VOLUNTEER PROGRAM RECOGNITION DAY
in the City of La Porte, and encourage all citizens to join me in appropriate recognition of our
Retired Senior Volunteers who annually contribute more than 20,000 hours tltrot~gllout our
community.
IN WITNESS WHEREOF, I hrn~e hereunto set my hand and caused the
Seal of the City to be affixed hereto, this the 28th day of September, 1992.
CITY OF LA PORTE
Mayor
Norman L. Malone, Mayor
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EMPLOYEE OF THE QUARTER
APRIL, MAY AND JUNE 1992
David Kocurek, Street Maintenance Supervisor, has been a member of
the City team since November of 1982. He recently completed
supervising a major drainage reconstruction project on East H.
When it became apparent from an engineer's cost estimate that the
complete project would exceed budgeted funds, Dave was requested to
remove and replace over 200 feet of underground drainage pipe. In
addition, his crew had to completely rebuild eight inlet boxes to
enlarge the openings for sufficient drainage.
The City does not normally handle work of this magnitude - it is
generally contracted out. Dave willingly accepted the challenge to
do the job, and in so doing saved the City several thousands of
dollars. Dave did this project in addition to his normal duties,
and did it very well.
For this effort and all his other contributions to the City of La
Porte, we are proud to name David Kocurek as Employee of the
Quarter for April, May and June, 1992.
RE~T FOR CITY COUNCIL AGEND~TEM
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Agenda Date Requested: Septem r 28~ 1992
Requested By: Department: Public Works
Report Resolution XXX Ordinance
Exhibits: Ordinance No. 1862
Proposed Landfill Contract
SUMMARY & RECOMMENDATIO
In October 1983, the City of La Porte entered
Landfill for disposal of Type IV waste, which
demolition waste and other trash not commonly
cost per cubic yard was $2.00, and has remain
current contract, which expires September 30,
renewed three times with no price increase.
into a contract with Hughs
includes brush, construction
considered "garbage". The
~d constant through the
1992. The contract has been
During the term of the latest renewal, Hughs was purchased by Sanifill of
Texas, Inc., which has honored the terms of the contract. With recent
legislation assessing additional fees per cubic yard and more stringent
regulations on the operation of landfills, Sanifill has requested a rate
increase, as outlined below, and a one (1) year term that is renewable.
The rate structure is proposed as follows:
Base Price per Cubic Yard $2.15
State Fee - Compacted Waste $0.33 / Cubic Yard
State Fee - Non-compacted Waste $0.10 / Cubic Yard
This structure results in an effective fee of $2.48/CY for compacted waste
and $2.25/CY for non-compacted waste. The term is for one (1) year. At
the end of the one year, the agreement will continue on a month-to-month
basis with the right of either party ~o terminate with 90 days written
notice. Additionally, the contract can be extended upon agreement of both
parties, with written notice of any proposed rate increases. Estimated
cost per year is $47,870.
Action Required by Council: Approve Ordinance No. 1862 authorizing the
City Manager to execute an agreement with Sanifill of Texas, Inc. for the
disposal of Type IV waste for a one (1) year period, with renewal options.
Availability of Funds:
XXXX General Fund Water/Wastewater
Capital Improvement _ General Revenue Sharing
__ Other
Account Number: 001-700-702-609 Funds Available: XY~YES NO
Approved for City Council Aaenda
Qu~~ T. ~ ~ - - a-z3-gz
Robert T. Herrera DATE
City Manager
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ORDINANCE NO. 1862
C~
AN ORDINANCE APPROVING AND AUTHORIZING CONTRACT BETWEEN THE CITY
OF LA PORTE AND SANIFILL OF TEXAS, INC., FOR THE OPERATION OF
SANITARY LANDFILL; 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.
ORDINANCE NO. 1862
Page 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of September, 1992.
CITY OF LA PORTE
BY
Norman L. Ma one
Mayor
ATTEST:
C erie B ac
City Secretary
APPROV
(it/, I
Knox W. As ins
City Attorney
AGREEMENT FOR THE OPERATION OF
SANITARY LANDFILL
By and Between
CITY OF LA PORTS, TEXAS
and
SANIFILL OF TEXAS, INC.
THE STATE OF TEXAS -
COUNTY OF HARRIS -
THIS AGREEMENT for the operation of a Sanitary Landf it l between the
City of La Porte, Texas, and Sanifill of Texas, Inc. dated October
1, 1992, is made by and between the same parties on the date
hereinafter specified.
WITNESSETH
WHEREAS, the City of La Porte, Texas ( "City" ) and Sanifil l of
Texas, Inc. ("Contractor") desire to enter into an agreement for
the operation of a Class IV Sanitary Landfill; and
WHEREAS, Sanifill of Texas, Inc. owns and operated the Class
IV landfill sites known as Greenshadow Development and Greenbelt
Development Landfill (formerly Hughes), each of which is properly
permitted by the Texas Department of Health; and
WHEREAS, the parties desire to establish the terms and
conditions of this Agreement;
NOW, THEREFORE, for and in consideration of the mutual
covenants hereinafter set forth the parties hereby agree as
follows:
I
DEFINITIONS
As used in this Agreement the following terms shall have the
meanings set forth below:
1.1 "Class IV" as it pertains to the Greenshadow Development and
Greenbelt Development means that definition set forth in the
Municipal Solid Waste Management Regulations promulgated by
the Texas Department of Health, and successor Agencies, as the
same may be hereinafter amended.
1.2 "Class IV Waste" means brush, construction demolition waste
and/or rubbish (trash) that are free of putrescible wastes and
any other waste permitted for disposal at Class IV landfills
by the Texas Department of Health, and successor Agencies, as
the same may be hereinafter amended.
PAGE 1 OF 7
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1.3 "Compacted Waste" means waste delivered to the Landfill for
disposal in closed-top compaction vehicles. Waste delivered
will be compacted by mechanical means to conserve space and
reduce hauling requirements.
1.4 "Non-Compacted Waste" means waste delivered to the Landfill
for disposal in open-top vehicles. Waste delivered will not
be compacted by mechanical means.
II
2.1 The Contractor hereby agrees to operate the Class IV
landfill(s) at Greenbelt Development Inc., a site located at
5201 South Beltway 8, Houston, Texas 77034, described by metes
and bounds in Texas Municipal Solid Waste Permit No. 1478, and
Greenshadow Development, Inc., a site located at 1089 Jana
Lane, Pasadena, Texas 77503, described by metes and bounds in
Texas Municipal Solid Waste Permit No. 1540, hereinafter
called the "Landfill".
2.2 The Contractor agrees to operate the Landfill for the complete
handling, processing and disposal of municipal Class IV Waste
generated by the City of La Porte and collected by the City or
its contractor, according to all the terms and provisions
hereinafter contained.
III
r1ATERT_AL.S TO BE DISPOSED OF
3.1 The Contractor shall accept, upon compliance of the City with
the terms and conditions of this Contract, all of the City's
Class IV Waste generated by the City of La Porte and collected
by the City or its contractor.
IV
OPERATION OF THE SITE
4.1 The Contractor will operate the landfill site(s) in compliance
with the rules and regulations of the Texas Department of
Health, and successor Agencies,
standards of operation for Class
requirements of other local, Stat
pertaining to the disposal of solid
will maintain current all necessary a
permits for the operation of a Class
regarding the minimum
IV landfills, and the
e and Federal agencies
wastes. The Contractor
nd required licenses and
IV landfill.
PAGE 2 OF 7
4.2 The Contractor shall furnish all labor, materials and
equipment necessary to operate the site and shall be
responsible for all required maintenance thereof. Supervision
by an experienced person, as licensed by the State of Texas to
operate a Class IV landfill, shall be provided at all times
when the site is open for use or operation. The Contractor
shall maintain all roads, entrances and exits to the Landfill
in a good state of repair suitable for use in all weather
conditions.
V
COMPENSATION
5.1 Subject to the Contractor's compliance with the terms and
conditions of this Agreement, the City shall pay and the
Contractor agrees to accept the follow sums of money for each
cubic yard of Class IV Waste delivered by the City or its
contractor in the specified type of vehicle:
Compacted Waste - $2.48 per cubic yard
Non-Compacted Waste - $2.25 per cubic yard
5.2 It is understood that the base price per cubic yard is $2.15
for compacted and non-compacted Class IV Waste, and the prices
above represent the inclusion of the current State fee of
$0.33 per cubic yard of compacted waste and $0.10 per cubic
yard of non-compacted waste. Any increase in fees over the
current State fee outlined above shall be passed on to the
City as they become effective.
5.3 The Contractor shall invoice the City for a sum equal to the
number of cubic yards of Class IV waste delivered in the
preceding month times the applicable cubic yard price. The
invoice shall be submitted within ten (10) days following the
end of the month, and the City will pay the Contractor on or
before the end of the month.
VI
TERM OF THE AGRFFMF.NT
6.1 This Agreement shall be effective for a period of twelve (12)
months from and after October 1, 1992 unless terminated
earlier in accordance with the terms of this Agreement. Upon
expiration of the twelve-month term of this Agreement this
Agreement shall continue on a month-to-month basis with the
same terms and conditions set forth herein, with the right of
either party to terminate the Agreement upon ninety (90) days
written notice to the other party.
PAGE 3 OF 7
6.2 If during the month-to-month extension period the Contractor
notifies the City that it desires to continue the Agreement,
the Contractor must submit, in writing, any proposed changes
in the terms and conditions of the Agreement, including rate
increases. After receipt of the Contractor's proposed
extension of this Agreement, the City shall approve or
disapprove of the proposed extension on or before thirty (30)
days after receipt of the Contractor's proposal.
VII
E ~PERFOR
7.1 All terms and conditions of this Agreement are considered to
be material and a failure to perform or a breach of any
condition, term or provision of any part of the Agreement
shall be considered a default constituting grounds for
termination or other default relief by either party of this
Agreement. Should either party fail to perform any of its
contractual obligations, the other party shall give the other
party fifteen days written notice by certified mail, with
opportunity to cure the default. The notice shall set forth
the causes and reasons for the proposed termination and
cancellation. The failure of either party to give notice
shall not be deemed a waiver of subsequent defaults or failure
to perform.
7.2 In the event that either party is delayed or prevented from
continuing in the performance of this Agreement by reason of
an Act of God, catastrophe, riot, war, governmental .order or
regulation, strike or other similar or different contingency
beyond the control of the affected party, said party shall not
be liable for damages arising solely out of such contingency.
VIII
URANCE AND INDEMNIf'ICATIO
8.1 The Contractor shall, at its own expense, maintain in full
force and effect during the term of this Agreement Employer's
Liability, Worker's Compensation, Public Liability and
Property Damage insurance. All insurance shall be by insurers
.licensed to do business in the State of Texas. The Contractor
shall furnish the City certificates of insurance or other
evidence satisfactory to the City to the effect that such
insurance has been procured and is in force. The certificates
shall name the Contractor and the City as insured parties.
The certificates shall contain the following express
obligations:
PAGE 4 OF 7
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"This is to certify that the policies of insurance
described herein have been issued to the insured for whom
this certificate is executed and are in full force and
effect at this time. In the event of cancellation or
material change in a policy affecting the certificate
holder(s), thirty (30) days prior written notice shall be
given the certificate holder(s).
8.2 The insurance, at a minimum, must include the following
coverages and limits of liability:
COVERAGE LIMIT OF LIABILITY
(1) Worker's Compensation and Statutory
Employer's Liability
(2) Commercial General Bodily Injury
Liability including $500,000 Each Occurrence
Blanket Contractual $1,000,000 Annual
Liability Aggregate
Property Damage (To
include explosion, collapse
and underground coverage)
$300,000 Each Occurrence
$500,000 Annual Aggregate
Products - Complete Operation
$1,000,000 Annual Aggregate
(3) Comprehensive Automobile Bodily Injury and Property
Liability Damage Combined Single Limit
$1,000,000 Each Occurrence
$1,000,000 Aggregate
8.3 The Contractor will indemnify and save harmless the City, its
officers, agents, servants and employees from and against any
and all suits, actions, legal proceedings, claims, demands,
damages, costs, expenses and attorney's fees incident to any
work done in the performance of this Agreement, including
damages, claims or penalties arising from the disposal of any
waste by the Contractor, arising from the failure of the
Contractor to comply with federal, state or local laws, rules
and regulations relating to the disposal of any waste, or
arising out of a willful or negligent act or omission of the
Contractor, its officers, agents, servants and employees.
However, the Contractor shall not be liable for any suits,
actions, legal proceedings, claims, demands, damages, costs,
expenses and attorney's fees arising out of a willful or
negligent act or omission of the City, its officers, agents,
servants and employees.
PAGE 5 OE 7
IX
MISCELLANEOUS PROVISIONS
9.1 This Agreement shall be governed by the laws of the State of
Texas. Should any disagreement occur concerning the
Agreement, the parties agree that the venue for settling such
disputes, including claims and suits, shall be Harris County,
Texas.
9.2 Al l written notices shal 1 be served by registered or certified
mail to the parties, return receipt requested, as follows:
City Contractor
City Manager Vice-Pres. Sanifill Central Region
City of La Porte Sanifill of Texas, Inc.
P.O. Box 1115 P.O. Box 803828
La Porte, Texas 77571 Houston, Texas 77280-3828
9.3 Other than by operation of law, no assignment of the Agreement
or any other right accruing under this Agreement shall be
made, in whole or on part, without the express written consent
of the City. The City agrees to not unreasonably withhold
consent of assignment. In the event of assignment, the
assignee agrees to assume all terms and conditions of the
Agreement.
9.4 The relationship between the' parties shall be that of an
Independent Contractor. Nothing herein contained shall be
construed to mean that the Contractor is an employee, agent,
servant or department of the City.
9.5 The Agreement shall not bestow any rights upon any third
party, but rather, shall bind the City and the Contractor
only.
9.6 This Agreement contains all the agreements of the parties
relating to the subject matter hereof, supersedes all prior
agreements, whether written or verbal, and is the full and
final expression of the agreement between the parties.
9.7 In the event that any portion of the Agreement is found
invalid or unenforceable, the invalid or unenforceable portion
shall not affect the validity or enforceability of any other
portion of the Agreement.
PAGE 6 OE 7
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in multiple counterparts, each of which shall be
deemed an original, this the day of 1992.
THE CITY OF LA PORTE
BY:
Robert T. Herrera, City Manager
(SEAL)
ATTEST:
Cherie Black, City Secretary
APPROVED AS TO FORM:
Knox Askins, City Attorney
ANIF7JLL OE TEXAS, INC.
Gene Ellisor, Vice President
(SEAL)
ATTEST:
Secretary
PAGE 7 OF 7
RE ST FOR CITY COIINCIL AGEND ITEM
Agenda Date Requested: September 28, 1992
Requested By: R. Herrera Department: Administration
Report Resolution X Ordinance
Exhibits: Ordinance 1863
SIIMMARY & RECOMMENDATION
A letter of resignation as a member, Position 2, of the La Porte
Zoning Board of Adjustment has been received from Steve Hines. Mr.
Hines has moved from this area.
The attached ordinance will appoint a member to fill Mr. Hines'
unexpired term.
Action Required by Council: Adoption of Ordinance 1963
Availability of Funds: N/A
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: NjA Funds Available: YES _ NO
AD~roved for City Council Agenda
Robert T. Herrera DATE
City Manager
ORDINANCE NO. 1863
AN ORDINANCE APPOINTING A MEMBER TO FILL THE UNEXPIRED TERM OF
STEVE HINES, POSITION 2, ON THE LA PORTS ZONING BOARD OF
ADJUSTMENT, TO EXPIRE MAY 30, 1994; CONTAINING A REPEALING CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS:
Section 1. The-City Council of the City of La Porte hereby
appoints to Position 2 of the City of
La Porte Zoning Board of Adjustment, to fill the unexpired term of
Steve Hinesr, said term to expire May 30, 1994, or until a
successor shall have been duly appointed and qualified.
Section 2. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of conflict only.
Section 3. 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 4. This Ordinance shall take effect and be in force
from and after its passage and approval.
PASSED AND APPROVED this the 28th day of September, 1992.
CITY OF LA PORTS
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
APPROVED:
Knox W. Askins, City Attorney
• •
REQIIEST FOR CITY COONCIL AGENDA ITEM
Agenda Date Requested: 9-28-92
Requested By: Charles R. Harrington~~epartment: Planning
Report
Exhibits:
1. Application for Abandonment
Resolution X Ordinance
3. Fair Market Appraisal
2. Map
4. Ordinance
SUNIIKARY & RECOMMENDATION
Summary
In July, 1992, the City received an application from Centrifuge
Consultants, Inc. (CCI) requesting closure and abandonment of that
portion of N. 15th Street between W. Tyler Street and W. Adams
Street. CCI is in the process of expanding their business to the
property immediately across N. 15th Street from their existing
facility. In order to accomplish that expansion, they require the
right-of-way to connect the other parcels they either own or are in
the process of acquiring.
The request has been reviewed by the proper City Departments and by
all public utilities with favorable comments by each.
As a result of the review process for street and alley closings,
the Finance Director of the City has obtained a fair market value
for the property of $19,162.08 based on our formula of the HCAD
value multiplied by the factor of 1.75. The applicant has been
made aware of the value and has consented to the appraised value.
Recommendation
The staff recommends approval of the request to close, vacate, and
abandon N. 15th Street between W. Tyler Street and W. Adams Street
and that the property be transferred to Centrifuge Consultants,
Inc. for the amount of $19,162.08.
Action Required by Council:
Approve an ordinance vacating, abandoning, and closing that portion
of N. 15th Street between W. Tyler Street and W. Adams Street.
-----------------------------------------------------------------
-----------------------------------------------------------------
Availability of Funds:
General Fund Water/Wastewater
Capital Improvements General Revenue
Other Sharing
Account No.: N/A Funds Available: Yes No
Approved for City Council Agenda
Robert T. Herrera
City Manager
Date
ORDINANCE NO. 1864
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH
15TH STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been
requested by record owner of all of the property abutting the
hereinafter described portion of North 15th Street, in the Town of
La Porte, Harris County, Texas, to vacate, abandon, and permanently
close that portion of North 15th Street; and
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine and declare that the
hereinafter described portion of North 15th Street, Town of La
Porte, Harris County, Texas, is not suitable, needed, or beneficial
to the public as a public road, street and alley, and that the
closing of the hereinafter described portion of North 15th Street,
Town of La Porte, Harris County, Texas, is for the protection of the
public and for the public interest and benefit, and that the
hereinafter described portion of said North 15th Street, should be
vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Under and by virtue of the power granted to the
City of La Porte under its Home Rule Charter and Chapter 13, Title
28, Article 1175, of the Revised Civil Statutes of the State of
Texas, 1925, the hereinafter described portion of North 15th Street,
Town of La Porte, Harris County, Texas, is hereby permanently
vacated, abandoned and closed by the City of La Porte, to-wit:
Being that portion of the right-of-way of North 15th Street,
lying and being situated between Blocks 681 and 682, Town of La
Porte, Harris County, Texas, and between the south right-of-way
line of West Tyler Street and the north right-of-way line of
West Adams Street.
Section 2. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
ORDINANCE NO. 1864
PAGE 2
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.
PASSED AND APPROVED, this 28th day of September, 1992.
CITY OF LA PORTE
BY
Norman L. Ma one, Mayor
ATTEST:
C1 y Secre ary
APP VED:
. C~ `
Ci y A orney
..~~~.
• . Page 1 of 2
City of La Porte
' Street and Alley Closing Application
CEN'I'ERIEUGE CONSULTANTS, IrdC. ;
I, ~ SAIVBORN COP'lPANY the undersigned owner of Lots 9 throuah 24, inclusive, Block 681,
Zbwn of L~ Fbrte
([.egei Deserip~ion) the above described real properly located within the City of La Porte, Tezas, hereby request a-td make application
under the terms of Article III T~acaling Abando-ting and Closing Sln:ets and Alleys, Sectia-t 21-24, et. seg, Code of Ordinances of
the City of La Porte, for -~acating abandoning and closing of the following Streets and/or Alleys:
Description of St,~ets/Alleys
Stmet(s) North 15th (fifteenth) Street, situated between Alocks 681 and 682 of the
'Ibwn of La Porte
Alley(s)
Total Square Footage:
Reason for Request
(allacJt other sheets if necessary)
The rare ate? of adja n pro rty is contingent upon the closincx of the above referenced
GtrePt_~aid nL_rcha~ of adja n property would allow for the expansion of present
)'x~~' n _~. ; nrl ur3i na the creation of additional yobs in the City of La Porte
For an application to be conside-ed, all of the following must be submitted with the application.
~j' A statement by the applicant of the mason for the request.
A statement waiving any personal claims for damages against the City and firrtJ-er agreeing to sa-~e and hold harmless
the Ciry firm any other claims that may arise against the City in vacating abandoning and closnig any sleet or alley
or portion !hereof (Exhibit A).
a A plot plan, showing the street or alley sought to be vacated, abandoned and closed, or portiai thereof, 6y a licensed
Texas y-iblic sur-eyo~ drrr-wt to a scale of not less than one rich equals fifty (SU) jeet. The City Engineer, or his
designee, may wai~~e this requirement where, in his sole determination, a rr:corded plat contains sufficient evidence
to determine legal description and area of property sought to be -~acaled, abandoned and closed.
Proof of Ownership
• An opinion letter by a duly licensed Texas attorney that lire applicant has good fee simple title to the yroperty
/ adjacent and contiguous to the street or alle}j or portion then;of, sought to be closed.
• Original or photo copies of the recorded instrument vesting fee simple tiNe to applicant.
,, • Original or photo copy of dre owner's title policy issued by a title insurance company doing business in
Harris County, Texas, guaranteeing the title to the applicant's adjacent property.
ilrrillen consent of all other persons owning any properly adjacent to such street or alley with a wai-~er of claims for
a
damages (Exhibit B) and proof of ownership, as hereinabove described.
A $l00 cashier's check payable to the City in yayment of the application fee.
L3 Porte, Texas 77572-0868
Ciiy Staic anJ Lip
Revised 3/0=1/92
RE-C! EiVkD
COMM. DEV.
302 North 16th Street/P.O. F3ox 868 713-471-3767
AJdress Telephone Number
Dste
City of La Norte
Street and Alley Closing Application
For use by City of La Pbrte Nersonnel
Page 2 of 2
Checklist for completed application of ~ File Number S ~ ~-off
Notice of request for review of application sent to franchised utilities and appropriate City
Departments.
Reviews of application recei-~d from:
HL&P
Entex
Southwestern Bell
Prime Cable
Planning Department
Public Works
ia'
Ys9 y
~ ~
. v 9
8 Y y~
~ a_v %~
File forwrarded to Finance Director for appraisal information and determination of fair market
value.
Appraisal Information
2~t o 0o Sq. Ft. * • 4 S ~ Z~ HCAD Most Recent Published Rate Per Sq. Ft.
* 1.7 5 Adjustment Factor = $ 1 q ~ I~Z •o $ Fair Market Yalue
Reviewes~
Finance Director R-~4 q I w14~.
If either the applicant or the City do not agree on the result obtained of the fair market value,
then (with applicants written approval) an independent fee appraisal is obtained from an
independent fee appraiser selected by the City at applicant ~ expense.
Fair market value is deposited with City (or other arrangements considered).
City Attorney prepares ordinance with any necessary restrictions or performance standards.
City Council considers street and alley closing ordinance.
Recommended Action
City Council Action
Ordinance No.
Date
Date
If approved by Council, a cert~ed copy of the ordinance vacating, abandoning and closing the street
or alley is furnished to applicant for recording in the Harris County Deed Records (Exhibit C).
HCAD notified of passage of ordinance, with request to place property on tax rolls (Exhibit D)
Revised 3/04/92
•
•
WORKSHEET FOR CALCULATING STREET AND ALLEY CLOSING VALUES
Property Owner Requesting Closure ~2 n} r~~u4 e, C.oy1Su~ }G~~ S _~(~ C
Legal Description of Property NORT F-I F l F i E F ~1Tl--l ~ r R ee.i 3 E i c~ E EN
~JiDCKS (a$ 1 Q(~d ~ $Z ~DuJN ~ L.0. ~O('1C' (DUB }~ R'tOUI Ot? Z~fOC,o ~,~ec~~
CALCULATION OF SALE PRICE
Adjoining or similar properties
Tax Account Number Description Sq Ft Appraised Value
02~-I x'7'70 $ t ooo~ 3~K (n~~ i
-Q~
~i 5 2.SoocS 1Z.sop
OCj (
~
l - (Z I Z 5(~h ~o Z,~O
~ 13 V 1"3'Zo ZSooo I~'_5ob
8c_tc lD~z ~~ ~ ~-z, 15-18,
pL 40"l`~1 oBZ.bool ' t4- Zz, 24- j~z. 5375 2 =1 22.p
0 2 y~ ci'1 oB ZO 172.3 I ` ~-r z 3 ~,t ~. ~. l ~ ~~
Totals ~~'`~ !^oo = '7 ~~~~
Total value of adjoining properties
Divided by total square foot
Equals average value per square foot
Times square foot in property being purchased
Times our adjustment factor
Equals total sale price
Jr~b.'JO
125 000
_ ~-l 5 co z ~
~ c-F Oop
I . `75
)~ -~2.oa
} ..
I ~ '
19.9
652
20.2
401 '
-.- _ ~~
I ~' '%
i ~G ~ ~~
32 __...
i . , -fi
PROPOSED CLOSING OF NORTH 15th ST. ~ ~ ~'
i I '~' t
-~ '
320 ~
~ ~ ~
0
'~' .t
l0 4~R P 318
~ ~~ ~ v
_ wer.
! ... 'I ;
~ !
,., i ~:
•
i ~
651-
J /7
TYLER
~~ r
2
~ ~,
~ w
I-~ MCP ~ 4.
~ ~ f- .
ZrT ~ 0 or.aq~
l .L
' 302
/~-
. ~ -- -
30~~ RC P p
ti
3
2
o,
0
0
0
/ ,
212
--
I 8
WEST ADAMS
/ ~
687
~y-
t
•
REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE REQUESTED Seytember 28, 1992
REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance
REPORT RESOLUTION X ORDINANCE
EXHIBITS: Ordinance
SUMMARY AND RECOMMENDATION
The Fiscal year 1992-93 Budget for the Golf Course Operating Fund was built
around an increase in the Green Fee rates. At the last City Council Meeting,
the Council approved an increase for green fees. The attached ordinance will
increase the rate charged for annual memberships by $100 each.
After approval, an annual membership for a La Porte resident will cost
$700.00. The cost for a non-resident will be $800.00. The membership will
provide the member with unlimited golf (Green fees only). The member will
still be required to pay for any other services they use (i.e. golf cart
rental).
ACTION REQUIRED BY COUNCIL:
Approve Ordinance establishing new annual membership fees for the Bay Forest
Golf Course.
AVAILABILITY OF FUNDS:
GENERAL FUND UTILITY FUND
ACCOUNT NUMBER: N/A FUNDS AVAILABLE:
APPROVED FOR CITY COUNCIL AGENDA
OTHER
YES NO
ROBERT T HERRERA DATE
CITY MANAGER
ORDINANCE 1587-F
AN ORDINANCE AMENDING ORDINANCE 1587, AN ORDINANCE ESTABLISHING USER FEES AND
RULES AND REGULATIONS FOR THE CITY OF LA PORTE BAY FOREST GOLF COURSE; 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: Effective October 1, 1992, the City Council of the City of La
Porte hereby establishes the following user fees for Annual Memberships for the
City of La Porte Bay Forest Golf Course.
Resident - $700 (seven hundred dollars)
Non-Resident - $800 (eight hundred dollars)
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict only.
SECTION 3: The City Council officially finds, determines, recites ar.d
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 4: This Ordinance shall be in effect from and after its passage
and approval.
PASSED and APPROVED this the 28th day of September, 1992.
City of La Porte
ATTEST:
By
Norman Malone, Mayor
City Secretary
APPROVED:
City Attorney
• •
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
T0: Robert T. Herrera, City Manager
FROM: Alex Osmond, Golf Course Manager/Pro
DATE: September 23, 1992
SUBJECT: Survey of Green Fees
Per your request, the following is a comparison of Bay Forest's annual membership
fees to the daily green fees.
August 1988 -September 1991 Green Fees
Fee Resident
Non -Resident
Annual S 600.00
S 700.00
Weekday S 8.00
S 9.00
Weekend S 11.00
$ 12.00
For the annual memberships to be of value, a resident would have to play a minimum
of 75 weekdays or 55 weekend days and anon-resident would have to play a
minimum of 78 weekdays or 58 weekend days.
October 1991 -September 1992 Green Fees
Green Fees Resident Non -Resident
Annual S 600.00
S 700.00
Weekday S 8.00
S 10.00
Weekend $ 11.00
S 14.00
To break even on the purchase of an annual membership anon-residents would have
to play a minimum of 70 weekdays or 50 weekend days to break even.
. •
•
October 1992 -September 1993 Green Fees
Green Fees Resident. Non -Resident
Annual 5 700.00 S 800.00
Weekday S 9.00
S 11.00
Weekend 5 12.00 S 15.00
This fiscal year the annual memberships were increased by S 100.00. To break even
on the purchase of an annual membership, residents would have to play a minimum
of 78 weekdays or 58 weekend days and non-residents would now have to play a
minimum of 73 weekdays or 54 weekend days.
Summary
Please keep in mind this is a very generous survey because most annual fee players
play on weekdays and weekends. I recommend that if we cannot keep this average
for revenue from annual fee golfers, then Bay Forest should discontinue offering them.
• •
REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE REQUESTED September 28. 1992
REQUESTED BY Powell/Litchfield DEPARTMENT Police Chief/Director of Finance
X REPORT RESOLUTION X ORDINANCE
EXHIBITS: Letter from Criminal Justice Division
SUMMARY AND RECOMMENDATION
On September 10, 1992, the City received notification that it had received a
grant from the Criminal Justice Division for $44,047. The grant, entitled
"Kindergarten - 4th Grade D.A.R.E. Expansion" will allow the police department
to place an additional Officer, at no cost to the City, in the DARE Program to
teach the children in our public schools the dangers of drugs.
This position was not included in the 1992-93 budget that was presented to the
City Council and was approved on September 14, 1992.
In order for the City to accept this grant, the City Council needs to approve
the additional person and add the expense to the Police Department Budget.
The expense will be offset 100$ by the revenue received from the Grant.
We will also need to amend the Ordinance that authorizes our Civil Service
positions.
ACTION REQUIRED BY COUNCIL:
1. Instruct the Director of Finance to amend the 1992-93 Police Department,
Auxiliary Services Division, budget by $44,047 (representing one D.A.R.E.
Officer), and to increase the projected revenue for Public Safety Grants
by $44,047, said amount representing the amount of a grant that was
approved for the City by the Criminal Justice Division.
2. Approve ordinance changing the number of authorized Civil Service
positions.
AVAILABILITY OF FUNDS:
GENERAL FUND UTILITY FUND
ACCOUNT NUMBER: N/A FUNDS AVAILABLE:
APPROVED FOR CITY COUNCIL AGENDA
OTHER
YES NO
~~ 1 , q- 13-~2
ROBERT T HERRERA DATE
CITY MANAGER
iz`
• •
1
ORDINANCE NO. 1285-I
AN ORDINANCE AMENDING ORDINANCE NO. 1285, "AN ORDINANCE IMPLEMENTING
POLICEMEN'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS; NUMBER OF
AUTHORIZED POSITIONS IN EACH CLASSIFICATION; ESTABLISHING PAY
SCHEDULES; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; CONTAINING A REPEALING CLAUSE; AND PROVIDING
AN EFFECTIVE DATE HEREOF".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Section 3 of Ordinance 1285-H is hereby amended and
shall hereafter read as follows, to wit:
"Section 3. There are hereby established the following
number of authorized positions in each of the foregoing
classifications, to wit:
NUMBER OF AUTHORIZED
CLASSIFICATION POSITIONS
Police Officer 37
Sergeant 9
Lieutenant 3 ~~
Section 2. Except as hereby amended, Ordinance No. 1285, as
amended shall remain in full force and effect.
Section 3. 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 4. This Ordinance shall take effect and be in force
as of October 1, 1992.
ORDINANCE NO. 1285-I
Page 2
PASSED AND APPROVED, this the 28th day of September, 1992.
CITY OF LA PORTE
ATTEST:
C erie Black
City Secretary
AP R t `
Knox W. As ins
City Attorney
BY
Norman L. Ma one, Mayor
C
~'~' ~ ~av(/ a`~'~
A as ' r•
1~° N a
i
ANN W. RICHARDS
GOVERNOR
S T A T E O F T E X A S
O F F I C E O F T H E G O V E R N O R
t~USTIN, TEXAS 'Jg71I
SEP 0 1 1992
~E~E1VEg
EP 1 0 192
Mr. Bob Herrera
City Manager, City
604 W. Fairmont
of La Porte
La Porte, Texas 77571
Dear Mr. Herrera:
~~ ~ ~ ~'~r~~~~aGERs
Oi~F;LE
It is my pleasure to inform you that your grant has been approved
to improve public safety in your community. The grant, entitled
"Kindergarten - 4th Grade D.A.R.E. Expansion," is for $44,047.
This grant award must be accepted within 30 days of the award date
by the execution and return of the enclosed Grantee Acceptance
Notice in the pre-addressed envelope provided. Copies of the packet,
along with technical information and administrative requirements, are
being sent separately to the project director and financial officer
designated in your grant application.
Please call the Criminal Justice Division at (512) 463-1919 if you
have any questions concerning the administration of this grant.
We stand ready at all times to do everything we can to help you
make your program a successful one.
Sincerely
ANN W. RI
Governor
Enclosures
cc: Chief Bobby L. Powell
Mr. Jeff Litchfield
POST OFFICE BOX 12428 AUSTIN, TEXAS 787it (Siz.) 463-zooo
Printed on Recycled Paper
ANN W. RICHARDS
Governor
State of Texas
STATEMENT OF GRANT AWARD
DOYNE BAILEY
Director
Criminal Justice Division
GRANTEE GRANT NUMBER
City of La Porte SF-93-S11-5470
PROJECT TITLE GRANT PERIOD
Kindergarten - 4th Grade D.A.R.E. Expansion/1 09/01/92 - 08/31/93
Amount of Award Grantee Matching
Contribution:
State: $44,047 Federal: $0 Total: $44,047 $0
The approved budget is as reflected in the attached Digest of Grant Application. The
grant is subject to and conditioned upon acceptance of the standard grant conditions,
special conditions noted below, rules for administration of grants, and the CJD Finan-
cial and Administrative Requirements. Total project costs must be accounted for in
accordance with the Uniform Grant and Contract Management Standards issued by the
Governor's Office. The grant is administered through the Criminal Justice Division,
and you may address specific questions to:
Office of the Governor
Criminal Justice Division
P.O. Box 12428, Austin, Texas 78711
Phone: (512) 463-1919
GRANTEE REQUEST FOR FUNDS
Grantee shall request funds on a monthly basis for awards greater than $10,000, and on a
quarterly basis for awards of $10,000 or less. Copies of invoices will be submitted
with requests for funds for equipment purchase and construction costs.
FUTURE SUPPORT
Approval of the above entitled and numbered grant does not commit the Governor's Office
to future funding. Any future funding shall be determined by the state plan under which
application may be made, all applicable policies and procedures promulgated by the
Governor's Office, Criminal Justice Division, and the appropriation of funds.
GRANT ADJUSTMENTS
Grantee shall submit written requests for grant adjustments, as required by Criminal
Justice Rule No. 3.65, provided with the grant application kit.
1. Reference Notes attached.
SEP 0 1 1992
Award Date
-L:_ :.~ .., ..
OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION
DIGEST OF GRANT APPLICATION
REGION NUMBER PROGRAM CATEGORY
1600 S11
APPLICANT SEQUENCE NUMBER
City of La Porte 3385
PROJECT TITLE PROJECT PERIOD
Kindergarten - 4th Grade D.A.R.E. Expansion/1 09/01/92 - 08/31/93
AMOUNT RECOMMENDED
State: $44,047 Federal: $0 Amount Requested: $44,047
DESCRIPTION:
This project will provide funding to the City of La Porte to expand their project D.A.R.E.
program in the La Porte Independent School District. D.A.R.E. is an acronym for Drug Abuse
Resistance Education developed and copyrighted by the Los Angeles Unified School District
and the Los Angeles Police Department. The program includes strategies for saying "no" to
drugs and resisting peer pressure to use drugs, for improving self-esteem and
self-assertiveness; and for managing stress without taking drugs. Also, the curriculum
teaches a decision-making process, after which students are presented factual information
about drug and alcohol use, followed by exercises in using the skills they have learned.
This project will allow for the implementation of the D.A.R.E. program into the
kindergarten through 4th grades. The shorter 4-week D.A.R.E. visitation lessons will be
taught to all kindergarten through 4th grade students.
CJ Support Grantee Total
Federal Cash Cash
and State Contribution Project
A. Personnel 542,382
B. Professional & Contract Services
C. Travel
D. Equipment
E. Construction
F. Supplies & Direct Operating Exp.
G. Indirect Cost 1,665
H. TOTAL $44,047
A. Personnel
D.A.R.E. officer $31,824; plus fringe benefits $10,558.
G. Indirect Cost
In accordance with CJD's Indirect Cost Computation Table.
06/23/92
Sequence No. 3385
$42,382
n
1,665
$44,047
10:33:33
•
REFERENCE NOTES
Gr;u~t funds associatecJ with this grant, including both Criminal Justice Division support and required grantee
contribution, must be accounted for under the Uniform Grant and Contract Management Standards as published
by the Governor's Office and with CJD Financial and Administrative Requirements provided with the grant
application kit. Included in those standards are Office of Management and Budget (OMB) Circular No. A-87,
Cult Principles for State and Local Governments, and Common Rule, Uniform Administrative Requirements
liar Grants-in-Aid to State and Local Governments, as referenced herein. THE GRANTEE SHOULD GIVE
SPECIAL ATTENTION 1'O TIIOSE REFERENCES WHICH ARE CIRCLED BELOW as they have
particular significance to this grant and may require supplemental information or documentation.
1. Automatic Data Processing Equipment
2. Building Space and Related Facilities
3. Insurance and Indcmnilication
4. Preagreement Casts
5. Proposal Costs
OMB A-87, Attachment B, Item C.l.
OMB A-87, Attachment B, Item C.2.
UMB A-87, Attaci~ment B, Item C.4.
OMB A-87, Attachment B, Item C.6.
OMB A-87, Attachment B, Item C.8.
b. Professional and Contract Services
7. Compensation for Personal Services
8. Employee's Travel Expenses
9. Audit
10. Program Income
l 1. Procurement Standards
12. Bonding and Insurance
OMB A-87, Attachment B, Item C.7 and CJD
Financial and Administrative Requirements.
OMB A-87, Attachment B, Item B-10 and CJD
Financial and Administrative Requirements.
OMB A-87, Attachment B, Item B-28 and CJD
Financial and Administrative Requirements.
OMB A-87, Attachment B, Item B-4 and CJD
Financial and Administrative Requirements.
Common Rule, Section 25, and CJD Financial
and Administrative Requirements.
Common Rule, Section 36, and CJD Financial
and Administrative Requirements.
Common Rule, Section 36, Item (h), and CJD
Financial and Administrative Requirements.
Revised July 1992
~.~1
r~
Office of the
Governor Criminal Justice Division
GRANTEE ACCEPTANCE NOTICE
AGREEMENT:
That whereas City of La Porte
hereinafter referred to as Grantee, has heretofore submitted a grant application to the Governor's Office,
State of Texas, entitled Kindergarten -_4th Grade D.A.R.E. Expansion/1
and further identified by grant number ~_g~_~J.1-5,[~~
Whereas, the Governor of the State of 'T'exas has approved the grant application as evidenced by the
Statement of Grant Award from the Governor's Office dated .._SE~_.j~...l_ 19Q~
which contained certain special requirements.
Whereas, the Grantee desires to accept the grunt award, the Uniform Grant and Contract Management
Standards, and special requirements us evidenced by the Statement of Grant Award,
Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniform Grant
and Contract Management Standards and special requirements in the grant application and the Statement of
Grant Award as evidenced by this agreement executed by the project director, financial officer,, and the
official authorized to sign the original grant application, or the official's successor, as presiding officer of
and on behalf of the governing body of this 6nantee.
Now, therefore, the Grantee shall designate either the project director or financial officer to coordinate
and be solely responsible for submission of adjustments pertaining to both programs and financial elements of
the application, the position authorized to submit adjustments is ~-nq~~,i 0.~ O~c iCet'
NON-LOBBYING CERTIFICATION:
We, the undersigned, certify that none of the grant funds, regardless of their source or character, including
local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election or
the passage or defeat of any legislative measure.
A finding that a grantee has violated this certification shall result in the immediate termination of funding
of the project and the grantee shall not be eligible for future funding from the Governor's Office, Criminal
Justice Division.
.Certified By:
Date: S e o~Ce.rn~JE,C' 1'~ 19g2.
SignQi- of Project Director
`l ~ ~ r ~ ~~~~ -
Name & Title ( lease print or type)
Addre ~s (street or post office box)
City Zip elephone No.
'S re of Financial Off1icer ,
l.~~tCh.~-e~a I~12 0~ F11J:
Name & Title (please print r type)
~t ,o. 3oY. 111
Address (street or post office box)
La ~or~e 7757! ~~3- ~F'1c-Soze
City Zip Telephone No.
ignature of Authorize Official
~~~,~cT' . T . ~ e rr2ra•
Name ~!c Title (please print or type)
P, o. ~3ox 1~-5
Address (street or post office box)
1.4. ~o~t T_ ~c 4~ 15020
City Zip Telephone No.
® Southwestern Bell Telephone
-r-o•. mavJJr ~cc.
Pearl Garza Fracchia
Area Manager
External Affairs
One Bell Plaza
Room 3040
Dallas, Texas 75202
FpY ~eW. \N~Y1+~A `~JJ
August 31, 1992 ~,,, .y,-,._ ,,,~.~Yk 2~.5.,.~t..~-~ ~
~~
Mr. Robert T. Herrera
City Manager
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
Dear Mr. Herrera:
.,
Q^fi~•C
It is my pleasure to inform you that Southwestern Bell's Economic
Excellence Program will grant $10,000 to the City of La Porte. The
grant is to be used for securing matching funds for the development
of a "Bayfront Master Plan" which would further the community
efforts of economic diversification.
Enclosed are two copies of a Funding Contract. Please complete,
sign and return both copies. We will approve the contract as
completed by you and return a copy to you, along with a check for
$10,000, in about three to four weeks.
I also request that you include us on your mailing list and keep us
posted regularly on the progress of your project. Any materials,
statistics, and information that you generally distribute will be
very helpful for the future work of our company's economic
development program. After a year, we will conduct an evaluation of
your project, and we request that you provide documentation on the
use of this grant at that time.
Southwestern Bell congratulates you for the work you are doing in
ti-e area of economic development, and we will watch with interest as
you continue to expand and develop your program. You and your
organization should be extremely proud of your many accomplishments.
Sincerely,
~_~~~ ~
Director
Economic Excellence Program
Attachments
SOUTHWESTERN BELL'S
1992 ECONOMIC EXCELLENCE PROG~M
FUNDING CONTRACT
Name of Organization:
Address•
7elephone•
Board Chairperson/Mayor:
Executive Director/City or Chamber Represe~~*ative:
Amount of Grant:
Use of Grant:
Timeline for Project:
We agree that all funds will be utilized exclusively for the expenditures set
forth in our grant application, including any amendments approved by SWBT's
Economic Excellence Program. If, for ~ reason, we are unable to fulfill the
original intent of the grant purpose; and/or are unable to complete the program
within the above timeline, we will contact Southwestern Bell immediately.
We agree that we will complete periodic financial and programmatic reports as
requested by SWBT. We agree to comply with requests from SWBT to observe our
program in operation. We understand and agree that SWBT will continually review
and monitor the expenditure of funds on the project for which we were awarded
and that the SWBT reserves the right to request the return of grant funds in the
event it determines the funds can or will no longer be expended for the awarded
project within a reasonable period of time.
Special Notes/Caveats: Proof of matching funds will need to be provided when
expense reports are submitted.
The information furnished above is correct, and I agree to the stipulations set
forth by the Economic Excellence Program.
Signed
Board Chairperson/Mayor
Date
Accepted by
Director-Economic Excel ence Program
Please return form to: Pearl Garza Fracchia
Director-Economic Excellence Program
Southwestern Bell
One Bell Plaza
Room 3040
Dallas, Texas 75202