HomeMy WebLinkAbout1992-12-14 Regular Meeting
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MINUTES OF THE REGULAR MEETING OF COUNCIL AND
CITIZENS PARTICIPATION MEETING REGARDING
COMMUNITY BLOCK GRANT PROPOSALS
DECEMBER 14, 1992
1. The meeting was called to order by Mayor Malone at 6:00 P.M.
Jtlem~erF;l of Citv Council Present: Mayor Norman Malone,
Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob
McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell, Jerry
Clarke
~ers of c~v Council Absent: None
Members of citv Staff Present: City Manager Bob Herrera, City
Attorney Knox Askins, City Secretary Cherie Black, Assistant
City Manager John Joerns, Director of Public Works Steve
Gillett, Human Resources/Purchasing Manager Louis Rigby,
Planning Director Chuck Harrington, Finance Director Jeff
Litchfield, Police Chief Bobby Powell
Others Present: City Buyer Susan Kelley, Solid Waste
Superintendent Bill Fitzsimmons, Employee of the Quarter Ramon
Marrujo, six members of the La Porte Lions Club, Arlene and
Herman Berges, Brian Sterling, Flo Schelling, Senator Jerry
Patterson, John Black of the Bayshore Sun, 8 citizens
2. The invocation was given by Mayor Malone.
At this time, Mayor Malone introduced newly-elected State
Senator Jerry Patterson. Senator Patterson addressed Council
and the citizens present to express his appreciation for being
elected, and that he will do everything he can to support
citizen needs.
3. Council considered approving the minutes of the regular
meeting held November 16, 1992.
Councilperson Porter pointed out that on page 2, the vote on
item 6 reflected 6 ayes and 0 nays but the actual vote stated
3 nays. This will be corrected.
Motion was made bv CouncilDerson McLauahlin to aDDrove the
November 16 minutes with item 6 beina correcte~. Second by
Councilperson Thrower. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
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Minutes, Regular Meeting and citizens Participation Meeting
La Porte City Council
December 14, 1992, Page 2
4. Mayor Malone, Councilperson McLaughlin, and Mrs. Flo Schelling
presented Centennial certificates of Appreciation to Herman
and Arlene Berges, the La Porte Lions Club, and Brian
Sterling.
5. Employee of the Quarter award for July, August and September,
1992, was presented to Ramon Marrujo. He received a plaque
from the City and words of praise from his supervisor, Bill
Fitzsimmons.
6. Preston Paul Parks had requested to address Council, but
deferred his comments until the Workshop item addressing
Myrtle Creek was held.
7. The citizens participation meeting regarding Community
Development Block Grant Proposals was held. Several Council
members suggested that the S.P.O.R.T. complex be submitted;
Councilperson Gay requested that street lights in his district
be submitted.
Because there is not time to prepare a comprehensive proposal
prepared for the S.P.O.R.T. complex and meet the deadline for
this year, Planning Director Chuck Harrington will start
preparing a S.P.O.R.T. complex proposal early this year to
have ready to submit for next year's program. The street
lights can be addressed under a current agreement with Houston
Lighting & Power Company. Councilperson Gay will submit a
list of requested street lights to Mr. Harrington.
8. Council considered an ordinance approving and authorizing a
contract between the City of La Porte and Champion Recycling
Corporation for recycling concession.
~otion was made bv CouncilDerson Maxwe~l to adoDt Ordina~ce
1876. jiDDrOvina and aut\lQV.zina a contract with CbamDl..sm
Recvclina CorDoration. Second by councilperson Sutherland.
The motion carried, 9 ayes and 0 nays.
Ayes: councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
9. COUNCIL CONSIDERED AN ORDINANCE APPROVING AND AUTHORIZING A
LEASE FOR FIXED BASE OPERATION FOR THE LA PORTE MUNICIPAL
AIRPORT BETWEEN THE CITY OF LA PORTE AND GULF CENTRAL
AVIATION, INC.
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Minutes, Regular Meeting and Citizens Participation Meeting
La Porte City Council
December 14, 1992, Page 3
Motion was made bv Councilnerson Maxwell to table this item
until further neaotiations witp the onerator could be made
~eaardina an ontion on ad;oinina nronertv. Second by
Councilperson Gay. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
10. Council considered an ordinance approving purchase by the City
of La Porte of a 0.204 acre tract of land adjoining the
Fairmont Park Fire station.
Motion was made bv Councilnerson Gav to adont Ordinance 1878.
annrovina nurchase of a 0.205 acre tract of land adioinina the
Fairmont Park Fire station. Second by Councilperson Thrower.
The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
At this time, Council adjourned into executive session at 7:00
P.M. to discuss the following: V.A.T.S. Article 6252-17,
section 2 (E) - (Legal) - Discussion with legal counsel
regarding status of Houston Chemical Services, Inc./Southern
Ionics, Inc. litigation; and at the request of Councilperson
McLaughlin under Section 2(R) - (Conference), item 11 on the
agenda, which was to consider an ordinance approving and
authorizing a contract between ci ty of La Porte and Ray &
Hollingworth Architects, to provide construction drawings and
specifications for relocation of Municipal Court. Council
returned to the Council table at 8:15 P.M., with no action
taken.
11- Council considered an ordinance approving and authorizing a
contract between City of La Porte and Ray & Hollington
ArChitects, to provide construction drawings and
specifications for relocation of Municipal Court.
~otion was made bv Councilnerson McLauahlin to table this
,;item. Second by Councilperson Sutherland. The motion failed,
3 ayes and 6 nays.
Ayes: Councilpersons Sutherland, Thrower and McLaughlin
Nays: Councilpersons Cooper, Porter, Gay, Maxwell, Clarke
and Mayor Malone
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Minutes, Regular Meeting and Citizens Participation Meeting
La Porte City Council
December 14, 1992, Page 4
Motiqp was made bv CouncilDerson Maxwell to adoDt Ordtngnce
llll. Second by Councilperson Clarke.
The City Attorney read: ORDINANCE 1879 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND RAY & HOLLINGTON ARCHITECTS, TO PROVIDE CONSTRUCTION
DRAWINGS AND SPECIFICATIONS FOR RELOCATION OF MUNICIPAL COURT;
APPROPRIATING $14,815.00 PLUS A CONTINGENCY OF $1,481.50 TO
FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilperson McLaughlin wished to go on record that the
reason he wanted to table this item is because of a 1986
report of numerous safety code violations at the jail
facility, and now we are going out to contract for a new court
room facility in the same building. He doesn't think it's
right to award a contract for an architect to come in and see
what needs to be done, with all these violations still in
effect. He thinks we need to rectify the jail problem and
then the court system.
Councilperson Gay wished to go on record to make sure it is
understood that this has been discussed, and it's not like
what he's (Councilperson McLaughlin) is saying it is.
The vote was taken, and the motion carried, 8 ayes and 1 nay.
Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter,
Gay, Maxwell, Clarke and Mayor Malone
Nays: Councilperson McLaughlin
12. Council considered an ordinance amending Ordinance 1743, the
City of La Porte Health Ordinance, to authorize Harris County
to issue citations for violations. This item had been tabled
by Councilperson McLaughlin at the meeting held November 16,
1992.
Motion was made bv CouncilDerson McLauahlin to brina this ite~
back to the table. 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
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Minutes, Regular Meeting and citizens Participation Meeting
La Porte City council
December 14, 1992, Page 5
After discussion of the ramifications of giving Harris County
the power to issue citations or closing a business for
violations, motion was made bv CO~DersoU-Buthe~d to
~doDt O~nance 1743-~. Second by Councilperson Cooper. The
motion carried, 8 ayes and 1 nay.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Clarke and Mayor Malone
Nays: Councilperson Maxwell
13. Council considered approving $5,000.00 expenditure for
proposed Centennial monument.
Motion was made bv CounciUuu'son Po~ter to aDDrove an
gnenditure of SS.OOO.OO :for the DroDosed Centenllial monumentL
to be taken from the Hotel/Motel tax advertisina budaet.
Second by Councilperson Thrower. The motion carried, 9 ayes
and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
Councilperson Sutherland noted that he was in favor of the
monument but had some concerns regarding potential dangers in
its design.
14. Council considered a consent agenda, as follows: (A) Consider
awarding bid for demolition of dangerous buildings; (B)
Consider awarding a bid for vehicles; (C) Consider awarding a
bid for uniform rental and service.
~otion was made bv CouncilDerson McLauqblJ~ to aDDrove th~
consent aaenda as Dresente<i. Second by Councilperson Thrower.
The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
15. Workshop Item: Myrtle Creek Report
Director of Public Works Steve Gillett addressed Council and
presented an overview of findings on a traffic study conducted
on Myrtle Creek. He rec,,,,,,,,"..,.,ended several options that could be
put in place to relieve the problems. Staff recommendation
was that a double yellow stripe be put down the center of
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Minutes, Regular Meeting and citizens Participation Meeting
La Porte City council
December 14, 1992, Page 6
Myrtle Creek, which would indicate two-way traffic with no
passing allowed. If this is not sufficient to slow traffic,
a solid white stripe 8 feet from the curb on each side, with
rumble strips can be added at a later date. Traffic control
will also be done frequently to see if the plan is working.
Mr. Howard Ebow addressed Council expressing concern that the
white stripe might encourage people to park on the street,
which would pose a problem of children running into the street
between parked cars. They just want to solve the problems
they have, not create further problems. He understands the
City's position as far as liability.
Mr. Paul Parks, current president of the Creekmont Homeowners
Association, addressed Council indicating his concern over the
cost of implementing and maintaining the proposed plan for
Myrtle Creek. He still feels stop signs would accomplish
their main goal, which is to make the "hump" more safe. Also,
stop signs would give residents living on Myrtle Creek a
little bit of a "window" to be able to get in and out of their
driveway.
Councilperson Cooper feels that stop signs on both sides of
the "hump" could be seen, and that would be his preference.
He quoted a section of Vernon's Statutes, which indicated that
municipalities could install stopping devices wherever they
deemed them necessary. His position on stop signs has not
changed, but the solution depends on what the majority of
Council wants to do.
Councilperson Maxwell complimented staff and steve Gillett on
the survey, and his opinion is that the striping will slow
people down.
Councilperson Thrower appreciated the efforts that steve and
Chief Powell had put into the study, but feels it has been
studied long enough. At this point in time the Council should
do something to help the people out there.
Councilperson Sutherland feels the problem is at its worst
right now because of the construction going on. Once
Underwood is four-lane and Spencer Highway is through, it will
not be a serious problem. It should be a short-term problem,
probably two years. If stop signs are put up, they could also
be taken down at the proper time. He doesn't think massive
controls on city streets, at a cost of a tremendous amount of
money, is the answer. He feels focusing a little personal
attention and gi ving them backup signage for a short term
would be the way to go.
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Minutes, Regular Meeting and Citizens Participation Meeting
La Porte City Council
December 14, 1992, Page 7
Councilperson Porter noted that Myrtle Creek has been
addressed for quite some time. He appreciates the concern of
the people out there, but he is satisfied that the traffic
problem can be solved if people will obey the law. stop
signs, flashers, or anything you do out there won't change it
if people don't obey the law.
Councilperson Gay stated that several studies, at a cost of
probably $12,000 to $15,000 per study have been done. He
feels that if we would designate, just for a week or so, to
enforce the law, give citations, and the word would get around
that you shouldn't speed.
Councilperson McLaughlin said that the problem, as he sees it,
is no different than on Underwood, Fairmont Park, Spencer -
there is a lot of construction going on. He feels nothing
should be done at this time. Maybe when all the construction
is through we could come back and look at it. For now, patrol
it from time to time and let the people know we are going to
be there.
Mr. Parks observed that slowing people down would not help the
people whose houses face Myrtle Creek and who have to back out
onto Myrtle Creek. If everyone is doing 30 miles an hour and
is bumper to bumper, just slowing people down won't do any
good. They need a stop sign to have a chance to back out of
their driveway.
Council consensus was to accept Staff recommendation for the
double stripe down the center of Myrtle Creek, but to do the
solid white stripe on the sides at the same time.
16. Administrative Reports
A. Bob Herrera advised Council that the City had provided
assistance to Harris County Precinct 2 by furnishing a
cherry picker and operator for use in cleaning up the
debris left by the Channel view-area tornados which had
occurred on November 21.
B. Steve Gillett reported on an application for a solid
waste grant that has been submitted to H-GAC. This
involves three different grants for three different
areas: composting, used motor oil and oil filter
recycling, and old magazine disposal. If all three
projects are funded, H-GAC's portion would be $60,876,
and the city's portion would be $6,764. The City's
portion is available from the solid waste division's
operational budget.
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Minutes, Regular Meeting and citizens Participation Meeting
La Porte City Council
December 14, 1992, Page 8
C. steve Gillett addressed Council regarding an FAA grant
for construction of a portion of the first phase
improvement at the airport identified in the Airport
Master Plan. The grant is to acquire land, to overlay
taxiways and runways, to construct lighting and
navigational aids. The grant request totals $1,814,490;
the City's share of that would be $226,610. Adequate
funds are available in the Airport Fund.
17. Councilpersons Sutherland, Thrower, McLaughlin, Porter,
Maxwell, Clarke and Mayor Malone brought items to Council's
attention.
18. Council adjourned into executive session at 10:07 P.M. under
V.A.T.S. - Article 6252-17, section 2(R) - (Conference) to
receive a report from the City Manager on the hotel project,
and under section 2(E) - (Legal) to receive a report from the
City Manager regarding East "E" Street arbitration. Council
returned to the Council table at 10:32 P.M., with no action
taken.
19. There being no further business to come before the Council,
the meeting was duly adjourned at 10:34 P.M.
Respectfully submitted:
~~
Cherie Black, City Secretary
Passed & Approved this the 11th
day of January, 1993
)/ffJVHt/1l(~~
/J~_an L. Malone, Mayor
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f
CITY OF LA PORTE
PUBLIC WORKS
INTER-OFFICE MEMORANDUM
October 26, 1992
TO: Bert Clark, committe~man
FROM: William F. Fitzsimmon olid Waste Superintendent
SUBJECT: Employee of the Quarter
My nomination for the Employee of the Quarter is Ramon Marrujo.
Although Ramon has excelled in many areas in the Solid Waste Division the
past few months, such as setting up the efficient operation of the
divisions, new baling machine, renovation of the divisions work bay and
overseeing the monumental task of reducing incidents within the Solid
Waste Division, the main reason for his nomination for Employee of the
Quarter is for his fantastic assistance in setting up the La Porte
Recycling Center.
Due to his hard work and many extra hours he has spent manufacturing
containers, truck dividers and platforms for holding recyclables, the
initial start up and subsequent smooth operating procedure there after was
literally trouble free.
Furthermore, because of his assistance in developing a work schedule for
the employees, we are capable of operating the center without the need of
overtime hours.
He further assisted in setting up an operable Adopt-A-School program when
in not only are we capable of collecting recycables from three ( 3 )
schools, we also collect the Texas Parks and Wildlife, the Administration
offices, the Post Office, the Bayshore Sun, plus all of the city offices.
Through his efforts we have been able to reduce usage of precious landfill
space and the reduction of environmental commodities.
In summary, when Ramon was asked to assist in this program, he "jumped in
with both feet" and has not stopped or even slowed down as yet. This is why
I say Ramon Marrujo should be the only nominee for "Employee of the
Quarter".
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REQUEST POR CITY COUNCIL AGENDA ITEK
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Agenda Date Requested: 12-14-92 ~
Requested By: Charles Harrinaton~ Department: Plannina
XXX Report Resolution Ordinance
Exhibits:
1) Flyer advertising citizen Participation Meeting regarding
Community Development Block Grant Proposals.
2) Letter from Harris County Community Development Agency
requesting Block Grant Proposals.
3) Block Grant Proposal Guidelines.
4) Outline with Previous Years Proposals.
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SUMMARY & RECOMMENDATIO~
Harris County Community Development Agency has requested that the
City of La Porte submit proposals for projects to be considered for
possible C............unity Development Block Grant funding. These should
be proposals for projects which address needs relating to such
items as housing, social services, capital improvement and economic
development. Additionally, under funding guidelines, projects
should be designed to meet the need of low to moderate income
people and neighborhoods. In La Porte's case this is primarily the
Northside neighborhood.
The purpose of this agenda item is to allow Council to take citizen
input regarding possible projects and then give staff guidance in
determining what type of project(s) to submit for consideration.
The deadline for submitting proposals is 3:00 PH, priday, December
18, 1992.
Action Required by Council:
1) Take citizen and staff input regarding possible block grant
funded projects.
2) Discuss proposals and determine which to pursue.
------------ --- -- ------------- -------- - ------
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Availability of Funds: N/A
General Fund Water/Wastewater
Capital Improvements General Revenue
Other Sharing
Account No.: Funds Available: Yes No
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Approved for City Council Agenda /~~~A<,
a
7J1
T. Herrera Da
City Manager
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NOTICE
OF
CITIZENS PARTICIPATION MEETING
To DISCUSS AND RECEIVE INPUT ON THE CITY OF LA PORTE'S 0
.
FY 1992 COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
PROPOSAL(S)
THE MEETING SHALL BE HELD ON MONDAV, DECEMBER 14, 1992
AT 6:00 PM BEFORE THE CITY COUNCIL.
THE MEETING SHALL BE HELD AT
CITY OF LA PORTE COUNCIL CHAMBERS
604 W. FAIRMONT PARKWAV
LA PORTE, TEXAS
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HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY
3100 Timmons Lane, Suite 220, Houston. Texas n027-5925 626-5651 FAX 963-9146
RECEIVED
JON LINDSAY, County Judge 1 [ {g/g;;-/
BRUCE A. AUSTIN, Director
PLANNING
October 29, 1992
Dear Potential Applicant:
The Harris County Community Development Agency (HCCDA) is accepting proposals for
physical improvements, public facilities, social service programs, housing programs, and economic
development projects to be funded with Community Development Block Grant (CDBG) money
for fiscal year 1993. Funds will be available by September 1, 1993. If you have a project or
program you would like considered, please submit a proposal following the guidelines enclosed
and return it by 3:90 p.m., Friday, December 18, 1992. _
A Proposer's Conference will be held at this office on Wednesday, November 18, 1992, at 10:00
a.m. to answer questions relating to completion of proposals for 1993 CDBG funds. Please plan
to attend if you have any questions. In addition, two public hearings will be held to receive input
concerning community development needs in Harris County (excluding the cities of Baytown,
Houston, and Pasadena) and its co-operative cities and to review HCCDA's performance in the
previous year. You are invited to attend a public hearing at one of the following locations:
7:00 p.m. Monday Barbara Jordan Community Center
November 9, 1992 6400 Wmfield at River Trail
(One mile east ofD.S. Hwy. 59)
Houston
7:00 p.m. Tuesday V. V. Ramsey Community Center
November 17, 1992 16003 Lorenzo at Tower
(One block northeast of Sheldon and Market)
Channelview
Enclosures
BAA:kc
93CQVER(KCI) 92-073,05
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Harris cou~ Communi~ Devel6ment 1fA%
1993 COMMUNI1Y DE LOPME T BL CK G PROPOSAL
GUIDELINES
I. BACKGROUND
A. Overview
The Housing and Community Development Act of 1974 established the Community
Development Block Grant (CDBG) program to meet the needs of low and moderate income
people. As a result, Harris County .created 'the, Harris County Community Development
Agency (HCCDA) to implement its CDBG program. Since 1975, HCCDA has been awarding
CDBG funds to local government entities and non-profit organizations to provide basic
community improvements and services to residents in its service area. The HCCDA service
area includes the unincorporated portion of Harris County and thoSe cities signing cooperative
agreements with the Co.unty (See attached map of HCCDA service areas). Baytown,
Houston, Pasadena do not participate in the County's CDBG program because they have their
own CDBG programs.
B. Funds Exoected for FY '92
-
Harris County receives CDBG funds directly from the U. S. Department of Housing and
Urban Development (HUD). The allocation varies each year depending on availability of
,federal funds. Approximately $5 million is expected to be received from HUD in FY '93.
Proposals significantly greater than $250,000 should, if possible, be presented in terms of
phases that can be implemented over a period of years.
FY '93 CDBG funds are expected to be available September 1, 1993. Social service programs
will receive funds on a reimbursement basis for a one-year period.
II. GENERAL INFORMATION
A. 1993 Statement of Obiectives
The three primary national objectives of the CDBG program are:
1) to benefit people with low and moderate incomes,
2) to aid in preventing or eliminating slums and blight; and
3) to meet other urgent community development needs.
Based on these objectives, HCCDA has developed local objectives to meet the. needs of the
residents it serves. The objectives are:
1) To meet the most basic public works and housing needs of low and moderate
income people;
2) To encourage economic development and increased job opportunities;
GUIDELINES e e
Page 2
3) To fund social service demonstration programs that complement community
development objectives;
It is the intent of HCCDA to improve the quality of life for low and moderate income service area
residents and to make the most effective use of CDBG funds.
B. Tvoes of Prol!Tams to be Funded
HCCDA awards a large portion of its COBG funds for permanent infrastructure improvement
projects which meet such basic needs as providing adequate sewer systems clean water.
Community group endorsements for public improvement projects should also be included in
proposals.
Proposals with matching funds will be given greater consideration. Applicants are requested
to secure matching funds prior to submitting proposals and attach letters of commitment for
such funds. Social service proposals must include a description of the sources and amounts of
matching funds. For joint projects, letters of support from other agencies involved must
accompany proposals at the time they are submitted.
Priority will be given to social service programs that address the following: 1) youth
development and delinquency prevention; 2) crime prevention; and 3) civic group
development Priority will also be given to demonstration or innovative projects.
0
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C. Economic Develonment Pronosals
HCCDA will consider proposals for economic development projects that create jobs for low
and moderate income people. Proposal guides for economic development projects are
available by request. Call Kevin Carruth at (713) 626-5651 for information.
O. PrOl!Tam Beneficiaries
1. Construction projects must serve principally (51% or more) low and moderate
income residents, elderly, or disabled persons. Social service (direct benefit) projects
must use CDBG funds only for the benefit of low and moderate income persons.
2. All facilities or improvements must be located in or near low and moderate income
areas served by HCCDA (HCCDA funds cannot be used to serve residents of or fund
projects in Baytown, Houston, or Pasadena).
3. If the purpose of the proposed project is to create permanent jobs for low and
moderate income persons, letters of commitment must be provided for specific jobs
to be created or retained for low and moderate income residents. At least 51% of
jobs created or retained must benefit low and moderate income residents (See H.D
above).
4. HUD defines low and moderate income persons as those residents of a household
whose total annual income does not exceed 80 percent of the median family income
for the area. For Harris County, moderate income figures are as follows:
GUIDELINES e e
Page 3
Persons in Household Annual Income Limit
1 $23,750
2 27,150
3 30,550
4 33,900
5 36,650
6 39,350
7 42,050
8 44,750
ill. Other Important Information
A Land Acouisition
Applicants for public improvement projects must have all necessary land acquisitions
completed prior to applying for CDBG funds. Proposers will be required to submit evidence
of ownership or public right of way before being awarded CDBG funds. Applicants for Social
Service Facilities which are planning to acquire real property for a CDBG-funded project after
appyling for CDBG funds are strongly encouraged to contact Nancy Mosby at (713) 626-5651
prior to initiating the acquisition process.
- Disnlacement and Demolition
B.
The permanent displacement of homeowners, tenants, businesses, non-profit organizations or
farms for CDBG-funded projects is discouraged. If permanent displacement is necessary, it
must comply with federal regulations. In addition, certain restrictions apply to the demolition
of buildings that could be used to house low and moderate income persons. Applicants
anticipating permanent displacement or demolition must include this information in their
proposal to HCCDA.
C. Proiect Desil!1l and Construction Management Res!'Onsibility
HCCDA will provide architectural and engineering design services and manage all phases of
physical projects from design through completion of construction. If the applicant desires to
fund the design of the project using its own qualified staff or an HCCDA-approved consultant,
this is acceptable. All CDBG-funded design will be performed by HCCDA, unless unforeseen
circumstances occur.
D. Limitation on Relilrious Organizations
In keeping with the Constitutional principle of the First Amendment, certain limitations are
placed on religious organizations receiving CDBG funds. Federal funds cannot be used for
religious purposes; therefore, CDBG funds cannot be used to renovate, rehabilitate or convert
buildings owned primarily by religious organizations, if the facility will be used for religious
purposes. Religious organizations may, however, use CDBG funds for facilities, programs and
activities if the facility is not used for religious purposes and if such programs and activities are
carried out in a manner free from religious influences.
~/ GUIDELINES e e
Page 4
E. Limitation on Use of CDBG-Funded Facilities
Facilities constructed with CDBG funds must be used for their intended purposes as described
in the proposal for a period of time to be specified in a contract with Harris County. If the
facility is proposed to be used for other purposes prior to the end of the specified period,
approval must first be obtained from HCCDA.
IV. PROPOSAL SUBMIIIAL AND REVIEW PROCESS
A ProDosal Submittal
Enclosed are one, several, or all of the following proposal forms:
1) Physical Improvements and Facilities;
2) Social Service Facilities;
3) Social Service Programs; and
4) Housing Programs.
Complete and submit the first page of the appropriate proposal form, and answer the
questions on the remaining pages, using your own paper. Include all elements contained in the
proposal form. Proposals must be complete and self-explanatory and not require oral
explanation. Non-profit agencies should attach Exhibit 1, Proposer Certification; Exlnbit 2,
Authorized Signatures; and Exhibit 3, Accounting System.
Answer all questions in a clear, concise manner. The Certifying Representative listed on page
one of the proposal should be the individual who has legal authority to submit proposals for
the agency or jurisdiction and enter into agreements 'with Harris County, i.e., the Chairman of
the Board of a social service agency or the Mayor or City Manager of a co-op city. The
Certifying Representative may be different from the contact person listed on that page.
SUBMIT ONE ORIGINAL AND THREE COPIES OF THE PROPOSAL. (please Note:
Non-profit agencies need submit only one copy of Exhibit 1) All proposals are due in the
office of the Harris County Community Development Agency at 3100 Timmons Lane, Suite
220, Houston, Texas 77027 by 3 D.m. on Fridav. December 18. 1992, There will be a penalty
for late or incomplete proposals.
B. ProDosal Review
Proposals will be reviewed by a 13 member committee comprised of HCCDA staff who may
request additional information, meetings and/or site visits with applicants. The committee will
evaluate and rank the proposals and submit the rankings to the HCCDA Director for funding
recommendations (evaluation criteria will be available to applicants upon request). A list of
projects recommended for funding will be published in late April, 1993. The Housing
Authority Board of Commissioners will review the funding recommendations in early May,
1993 and will forward its recommendation to the Commissioners Court for consideration in
mid May. Applicants will be notified in writing regarding the status of their proposals after
CommisSioners Court action.
. e e
, GUIDELINES
Page 5
FOR ADDITIONAL INFORMA nON
Contact the appropriate Development, Research and Housing Initiatives Division staff person listed below at
(713) 626-5651.
Physical Improvements and Facilities: Robert Kes~ Group Manager
Economic Development, Social Service Programs and Facilities: Kevin Carruth, Program Analyst
Housing: Carol Borrego, Urban Planner
93GUlDE(KQ
92-073.05
-
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1989 HCCDBG APPLIED FOR: RECEIVED
1) Purchase of former U.S. Post Office No
for Sr. Citizens Center
2) Construction of wheelchair ramps No
and replacement of broken curbing
and sidewalks on Main Street between
State Hwy. 146 and Broadway.
3) Conversion improvements of the former No
U.S. Post Office for Sr. Citizens Qr.
4) $30,000.00 awarded in 1988 for the design
of a S.P.O.R.T. Center and $247,500.00
for the construction of a S.P.O.R.T. Center
awarded in 1989 as part of a 2 year commitment. Yes
1990 HCCDBG APPLIED FOR: RECEIVED
1) Purchase of a facility to be renovated for No
Sr. Citizen's facility or land acquisition and
design for new facility.
2) Expansion of S.P.O.R.T. facility by 1250 sq. ft. No
3) 26 passenger handicap accessible bus for No
Sr. Citizens/S.P.O.R.T. Center.
4) Construction of wheelchair ramps and replacement No
of broken curbing and sidewalks for Main Street
between State Hwy. 146 and Broadway.
1991 HCCDBG APPLIED FOR: RECEIVED
1) Demolition of unsafe structures. No
2) Northside drainage study. No
3) Swimming pool reconstruction. No
4) Main Street wheelchair ramps. No
1992 HCCDBG APPLIED FOR: RECEIVED
1) Park improvements:
a) North 2nd Street Park: No
Open air pavilion and barbecue equipment.
b) North 14th Street Park: No
Outdoor lighting.
2) Demolition of dangerous buildings. No
3) Main Street wheelchair ramps. No
4) Renovation of swimming pool No
~ FOR CITY COUNCIL AGEN~ITEM
Agenda Date Requested: De~. 1922
Requested By: S. Gillett. Department: Public Works
I
Report Resolution XXXX Ordinance
Exhibits: Ordinance No. J~7h
Proposed Contract to Sell Recyclable Materials
SUMMARY & RECOMMENDATION
The City of La Porte has operated a successful drop-off recycling center
for approximately 18 months. Marketability of recyclables is the most
important element to a successful program. Due to the extremely volatile
nature of recyclable markets, the City constantly shifts its sale of
materials to achieve the best possible price.
Old Newspapers, the largest component, by volume, of the City's recycling
Program, has averaged less than $10.00 per ton. The current spot market is
$10.00 per ton. With the completion of Champion International's deinking
facility in Houston, a new subsidiary, Champion Recycling, has been created
to purchase and process feed material to recycle old newspaper and old
magazines.
Champion Recycling recently agreed to purchase old newspapers and magazines
from the City of Houston. The City of La Porte has kept abreast of these
developments, and has negotiated a three (3) year contract to sell these
materials to Champion. Champion Recycling has agreed to pay $20.00 per ton
for old newspaper and $12.50 per ton for old magazines. This will double
the amount received for old newspapers, and create a new opportunity to
recycle old magazines.
Current purchasing laws do not address the issue of sale of recyclable
materials. The City contacted the five (5) known buyers in the Houston
area. None were willing to enter any kind of contract to purchase these
materials.
Action Required by Council: Approve Ordinance No. If1~ approving and
authorizing a contract between the City of La Porte and Champion Recycling
Corporation for the sale of old newspapers and old magazines.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: Funds Available: YES NO
Agoroved for Citv CouUQjl Aaenda
Q~ T- ~ \~_O'4C\'1..
Robert T. Herrera DATE
City Manager
e e
ORDINANCE NO. 1876
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND CHAMPION RECYCLING CORPORATION, FOR
RECYCLING CONCESSION; 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 Ope~ 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.
e e
.
ORDINANCE NO. 1876 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 14th day of December, 1992.
CITY OF LA PORTE
BY
Norman L. Malone
Mayor
ATTEST:
Cherie Black
city Secretary
APPROVED:
64-~
Knox W. Askins
city Attorney
!
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THE STATE OF TEXAS
COUNTY OF HARRIS
CONTRACT
RECYCLING CONCESSION
CITY OF LA PORTE
THIS CONCESSION CONTRACT is made and entered into by and between
the city of La Porte, a Municipal Corporation of Harris County,
Texas, hereinafter called the "city" , and Champion Recycling
Corporation, a Delaware Corporation which is qualified to do
business in the state of Texas with its principal offices at Two
Greenspoint Plaza, suite 800, 16825 Northchase Drive, Houston,
Texas 77060, hereinafter called the "Contractor".
WITNESSETH:
WHEREAS, the City desires to enter into an agreement to sell
recyclable materials collected through the City's Recycling
Program; and
WHEREAS, the Contractor has contracted with Champion International
Corporation, a New York corporation, to process and sell old paper
to be recycled at the deink facility under construction in Harris
County, at which it will convert post consumer waste paper for use
as recycled pulp; and
WHEREAS, the Contractor desired to purchase old newspapers and old
magazines from the city for resale to Champion.
NOW, THEREFOR, in consideration of the mutual promises herein
contained, the parties hereby agree as follows.
ARTICLE I
DEFINITIONS
1.0 Unless the context requires otherwise, the fOllowing terms and
phrases used in this Agreement shall have the meanings set forth
below.
1.1 "Collected Paoer" means Recyclable Newspapers and Recyclable
Magazines that are collected through the City's Recycling Program. ,
Page 1 of 7
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.
1.2 "Outthrows" means all papers that are so manufactured or
treated or are in such a form as to be unsuitable for consumption
as the grade specified. Outthrows for Recyclable Newspapers
include, but are not limited to, magazines, cereal boxes, paper
bags, telephone directories, corrugated containers, envelopes or
other papers that normally would not be included in the newspaper.
Outthrows for Recyclable Magazines include, but are not limited to,
newspapers cereal boxes, paper bags, telephone directories,
corrugated containers, envelopes or other papers that normally
would not be included in magazines.
1. 3 "Prohibited Materials" means any material that by its presence
in Recycled Paper makes the Recycled Paper unusable for the grade
specified. Prohibited Materials for Recyclable Newspapers and
Magazines include any non-paper items including, but not limited
to, metal, glass, plastics and wood. Wet papers are also a
Prohibited Material.
1.4 "Recvclable Maaazines" means a grade of recyclable papers
composed of fresh, d~y, clean, recently published magazines free of
strings, bags, newspapers, telephone directories and paper other
than magazines.
1.5 "Recvclable Newsoaoers" means a grade of recyclable papers
composed of fresh, dry, clean, recently published newspapers
containing no more than the normal amount of advertising inserts,
and free from 'strings, bags, magazines, telephone directories and
paper other than newspapers.
1.6 "Recvclina proaram" means a program to collect certain kinds
of recyclable materials including Recyclable New~papers and
Magazines. The Program includes the ci ty' s current drop-off
center, and any subsequent program implemented by the city,
including curbside collection. This Agreement shall remain binding
should the City contract its Recycling Program.
1.7 "Public Scale Price" means the price Contractor pays to the
public for Recyclable Newspapers and Recyclable Magazines delivered
to the designated processing center. The Public Scale Price may be
different at different processing centers at the, same time.
ARTICLE II
DUTIES OF THE CITY
2.0 The city agrees to sell to the Contractor, at the prices set
forth in Article IV of this Agreement, all of the Recyclable
Newspapers and Recyclable Magazines ("Collected Paper") collected
through its Recycling Program.
2.1 The city shall transport, or cause to be transported, the
Collected Paper to the Contractor's Processing Center.
Page 2 of 7
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ARTICLE III
DUTIES OF THE CONTRACTOR
3.0 The Contractor agrees to buy all Recyclable Newspaper and
Recyclable Magazines, at the prices set forth in Article IV,
collected through the City's Recycling Program.
3.1 The Contractor shall operate a processing center to receive
Collected Paper at one or more locations within Harris County. The
centers shall be open from 8:00 a.m. until 6:00 p.m. Monday through
Friday.
a. Each center shall be equipped with a scale, a warehouse
for dry storage of Collected Paper, sufficient space for
sorting and quality control, baling equipment and other
facilities that are used or useful in connection with the
processing of Collected Paper.
b. Contractor shall provide all labor necessary to operate
the processing centers.
c. Contractor shall be responsible for all safety at each of
the processing centers and shall ensure that the
activities conducted at the processing centers are in
compliance with all applicable federal, state and local
laws, regulations, ordinances and codes.
3.2 The Contractor shall store, transport, sell and/or dispose of
the collected paper delivered by the city pursuant to this
Agreement in aCGordance with all applicable federal, state and
local laws and regulations.
ART I CLE IV
PAYMENT
4.0 Contractor shall weigh the truck loads received and issue a
weight receipt to the driver of the delivery vehicle. The weight
receipt shall show the gross weight of the load, the current
Outthrow Factor, and the net weight of Collected Paper.
4.1 Every quarter, or more frequently, Contractor shall sample the
truckloads of paper received and measure the Outthrows present in
the Collected Paper. Based upon this sample, Contractor shall
calculate an Outthrow Factor which represents the percentage of
each delivery, by weight, that is composed of Outthrows. The City
shall be notified and given the opportunity to have a
representative present to observe the process of sampling and
calculation of the Outthrow Factor. This Factor shall then be
applied to the gross weight of all loads recei ved during the
quarter to arrive at a net weight of Collected Paper.
Page 3 of 7
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4.2 The City shall remove or cause to be removed and properly
disposed of, at no expense to the Contractor, the Outthrows and
Prohibited Materials that are removed from the truckloads of
material received at the processing center. The volume of such
Outthrows and Prohibited Materials shall not exceed the difference
between the gross weight and the net weight as determined by the
Outthrow Factor plus the amount of Prohibited Materials. The
frequency of such removal shall be sufficient to minimize the
quantity of Outthrows and Prohibited Materials at the processing
center.
4.3 Prohibited materials received at the processing center may be
disposed of at Contractor's discretion. The weight of prohibited
materials shall be deducted from the net weight before calculating
the payment.
4.4 within ten (10) days after the end of each month, the
contractor shall submit a report to the City. The report will
state the gross and net weight of Recyclable Newspapers and
Magazines delivered to the processing center during the proceeding
month. During the term of this Agreement, the Contractor shall pay
to the City Twenty Dollars ($20.00) per ton of Recyclable
Newspapers and Twelve Dollars and fifty cents ($12.50) per ton of
Recyclable Magazines based on net weight after application of the
current Outthrow Factor and Prohibited Materials. Such payment
shall be made within fifteen (15) days after receipt of each
monthly report.
4.5 In the event that the average Public Scale Price in Harris
county is higher than the price the Contractor is required to pay
under this Agreement, the price payable by Contractor to the City
shall be adjusted to equal the average of the Public Scale Prices
in Harris county. Such adjustment shall be effective beginning
ninety (90) days after the date the average Public Scale Price
first exceed the price under this Agreement, and shall continue as
long as the average Public Scale Price is higher than the Contract
Price.
ARTICLE V
TERM
5.0 The term of this Agreement shall commence on January 1, 1993
and shall continue for a period of three (3) years, expiring
December 31, 1996. The initial term of this Agreement may be
extended for an additional three (3) years, upon the mutual
agreement of the Contractor and the City. within six (6) months
prior to the expiration of this Agreement, the parties shall meet
to renegotiate the Contract Prices; provided that such prices shall,
not change by more than 50% from the current prices.
Page 4 of 7
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.
5. 1 In the event that the Contractor fails to pay the amounts
required under this agreement, or in the event the Contractor fails
to perform any of its other obligations contained herein, and if
the Contractor has not corrected such failure within thirty (30)
days after receiving notice of such failure for the city, then the
City may terminate this Agreement thirty (3) days after giving the
Contractor written notice of termination.
5.2 In the event that the City fails to perform any of its
obligations contained herein, and fails to correct such failure
within thirty (30) days after receipt of written notice from the
Contractor, then Contractor may terminate this Agreement thirty
(30) days after giving the city written notice of termination.
ARTICLE VI
FORCE MAJEURE
6.1 In the event that the performance by either party of its
obligations and undertakings hereunder shall be prevented,
interrupted or delayed by acts of God, war, riot, or civil
commotion, compliance with any law, regulation or order of any
governmental body or instrumentality thereof, fire flood, breakdown
of equipment, inability to obtain materials, transportation or
energy, strikes or other labor disputes, unusually severe weather
or any similar event beyond its reasonable control, then
performance by such party shall be excused for such period of
time, provided such party gives notice to the other party and uses
its due diligence to resume performance at the earliest possible
time.
ARTICLE VII
MISCELLANEOUS
6.0 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 Contract, including damages, penalties or
claims arising from the disposal of any waste by the Contractor, or
arising out of the 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 the willful or negligent acts of the
city, its officers, agents, servants and employees.
Page 5 of 7
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6.1 All written notices shall be served by registered or certified
mail to the parties, re~urn receipt requested, as follows:
CITY CONTRACTOR
Director of Public Works Champion Recycling corporation
city of La Porte Two Greenspoint Plaza, suite 800
P.O. Box 1115 16825 Northchase Drive
La Porte, Texas 77572 Houston, Texas 77060
In addition, a copy of any notice of default given by the city to
the Contractor shall be sent to the office of the General Council,
Champion International corporation, One Champion Plaza, Stamford,
Connecticut 06921.
6.2 This Agreement shall be construed according to the laws of the
state of Texas applicable to contracts made and performed in Texas.
6.3 This Agreement constitutes the entire agreement between the
parties hereto with respect to the subject matter hereof and
supersedes all prior and contemporaneous agreements and
understandings, oral or written, with respect to such transactions.
This Agreement may not be changed except pursuant to a written
amendment signed by all parties hereto.
6.4 This Agreement shall be binding upon the heirs, executors,
administrators, successors and assigns of the parties including,
without limitation, those arising from merger, consolidation, sale
of assets or otherwise.
6.5 The failure of any party to insist upon strict performance of
any provision of the Agreement, or to take advantage of any of its
rights, or to enforce any of the conditions herein shall not
operate as a continuing waiver of such provisions, rights or
conditions and shall not prevent such party from insisting upon
such provisions, taking advantage of such rights and enforcing such
conditions in the future.
6.6 In the event that any portion of this Agreement is found
invalid or unenforceable, the invalid or unenforceable portion
shall not affect the validity or enforceability of any other
portion of the Contract Documents.
Page 6 of 7
--
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IN WITNESS WHEREOF, the parties have executed this contract in
multiple counterparts, each of which shall be deemed an original,
this the day of December I 1992.
THE CITY OF LA PORTE CHAMPION RECYCLING CORPORATION
BY: By:.dd2~ i5J1L
Robert T. Herrera Michael L. Sullivan
City Manager President
~ /
p
ATTEST:. ATTEST: // '/ .........
Cherie Black ~ohn Selman ""
City Secretary Secretary
(SEAL) ( SEAL)
APPROVED AS TO FORM:
Knox W. Askins
City Attorney
Page 7 of 7
!
, "
"
~EST FOR CITY COUNCIL AGE~ITEM
Agenda Date Requested: December 14. 1992
Requested By: S. Gillett ~~(. Department: Public Wo~
{;
Report Resolution XXXX Ordinance
Exhibits: Ordinance No. m11
Corporate Resolution Authorizing Lease Agreement
Lease Agreement
~.~_~,_ ....,_.~__o---__.
._-,."".. .,
SUMMARY & RECOMMENDATION
The City of La Porte leases three (3) acres to Gulf Central Aviation, Inc.
at the La Porte Municipal Airport. The lease, at a rental rate of
$2,613.60 per year, expired June 30, 1992. The City has negotiated a new
lease with Gulf Central, increasing the lease area and rate, for a period
of twenty (20) years.
The proposed lease adds 0.6065 acres, which provides for aircraft parking.
Currently, aircraft are stored on property outside the existing lease. The
proposed lease also provides an option to lease an additional 2.057 acres
for the term of the lease, under the same rentals and charges, and other
terms and provisions of the lease. Finally, the rental rate is increased
from $871.20 per acre to $1,215.32 per acre, with annual adjustments based
on the Consumer Price Index. First year rental under the terms of the new
lease total $3,645.97, payable in twelve (12) monthly installments.
Gulf Central Aviation, Inc. will pay the City of La Porte, on a prorated
basis under the existing lease, rental for the period July 1, 1992 through
December 31, 1992, in the amount of $1,306.80.
Action Required by Council: Approve Ordinance No. 1311 approving and
authorizing a lease for fixed base operation for the La Porte Municipal
Airport between the City of La Porte and Gulf Central Aviation,Inc.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: Funds Available: YES NO
ADDroved for citv Council Agenda
Qol~ 1, \~ \1..~&-t-<\~
Robert T. Herrera DATE
City Manager
---.-.., -.
-- ,..--
e e
ORDINANCE NO. 1877
AN ORDINANCE APPROVING AND AUTHORIZING A LEASE FOR FIXED BASE
OPERATIONS FOR CITY OF LA PORTE MUNICIPAL AIRPORT BETWEEN THE
CITY OF LA PORTE, LESSOR, AND GULF CENTRAL AVIATION, INC. ,
LESSEE; 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 Mayor 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.
e e
ORDINANCE NO. 1877 Page 2
,
section 3. This Ordinance shall be effective from and after
its passage and approval I and it is so ordered.
PASSED AND APPROVED, this 14th day of December, 1992.
CITY OF LA PORTE
BY
Norman L. Malone
Mayor
ATTEST:
Cherie Black
city Secretary
A~:z0~
Knox w. Askins
City Attorney
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AGREEMENT AND LEASE
FOR FIXED BASE OPERATIONS
FOR CITY OF LA PORTE MUNICIPAL AIRPORT
THIS AGREEMENT AND LEASE, made and entered into this 1st day
of January, 1993, by and between the City of La Porte I a municipal
corporation organized and existing under the laws of the State of
Texas, hereinafter referred to as "Lessor" and Gulf Central
Aviation, Inc., a corporation organized and existing under the laws
of the State of Texas, hereinafter referred to as "Lessee."
WIT NEB SET H:
WHEREAS, the Lessor controls and operates an airport known as
La Porte Municipal Airport I located in the City of La Porte, State
of Texas, which airport and any additions or improvements thereto
or changes therein which the Lessor hereafter makes or authorizes
are hereinafter collectively referred to as the "Airport", and,
WHEREAS, the parties hereto desire to enter into an Agreement
and Lease for the use of premises and facilities at the Airport
all as more fully hereinafter set forth.
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements herein contained, the Lessor and the
Lessee do hereby mutually undertake, promise and agree, each for
itself and its successors and assigns, as follows:
ARTICLE I - TERM OF AGREEMENT
The term of this Agreement and Lease shall be for the period
commencing January 1, 1993, and terminating December 31, 2013,
unless sooner terminated as hereinafter provided.
ARTICLE II - LEASED PREMISES AND FACILITIES
1. The Lessor, in consideration of the compensation and sundry
covenants and agreements set forth herein to be kept and performed
by the Lessee, does hereby, and by these presents, demise and lease
unto the Lessee, upon the conditions hereinafter set forth, all of
which the Lessee accepts, the exclusive use and occupancy of the
Leased Premises, to-wit:
Property at La Porte Municipal Airport, consisting of 3.6065
acres, more or less, identified as "Fixed Base Operator Area"
on Exhibit "A" attached hereto and made a part of this
Agreement.
The location and boundaries of said Leased Premises, as indicated
on Exhibit "A", attached hereto, are stipulated and agreed between
e e
the parties to be correct and by reference are made a part hereof.
2. Lessee takes all of such property in its present condition "as
is", and except as otherwise specifically provided herein, agrees
to provide all necessary and reasonable maintenance and repairs in
order to maintain such property in a usable condition.
3. Lessee shall make available to the public for rental purposes,
the T-Hangars and tie-down facilities leased to Lessee herein. In
its rental of such T-Hangars and tie-down facilities, the Lessee
shall provide reasonable rental rates, consistent with industry
standards for this region. Notwithstanding any other provision of
this Agreement, the parties recognize and agree that Lessee is not
herewith given and shall not exercise exclusive control over the
ramp area not specifically leased under this Agreement; and that
the public shall have the right, at all time, to ingress and
egress, over and through said area, as reasonably necessary for the
use by the public of airport facilities at La Porte Municipal
Airport.
4. The Lessor expressly reserves from the lease of the Leased
Premises the following:
A. All gas, oil and mineral rights in and under the soil.
B. The right to grant utility rights-of-ways to others over,
under, through I across or on the Leased Premises,
provided that such use will not unreasonably or
materially interfere with the Lessee's use of the Leased
Premises.
ARTICLE III - RENTALS AND CHARGES
1. For the Leased Premises, as described in Article II, the basic
ground rental calculated for an index value of 100.0 is Eight
Hundred Seventy-one and 20/100 Dollars ($871.20) per acre per year.
The actual rentals for the Leased Premises, to be paid to the
Lessor by the Lessee, shall be determined by multiplying said basic
rentals specified under paragraph 1 above by the index value
determined for successive calendar years in the manner herein set
forth.
The index value for the calculation of actual rental rates shall
be based on the Consumer Price Index for All Urban Consumers, using
as base year 1982-84 = 100, published by the Bureau of Labor
statistics of the united States Department of Labor, and shall be
calculated as follows:
A. The index for any particular lease year shall be the
index for the month of December of the calendar year next
preceding the year for which the calculation is made.
The index f or the year 1991 is 139.5, resulting in an
2
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annual rental rate of Twelve Hundred Fifteen and 32/100
Dollars ($1,215.32) per acre for the lease year beginning
January 1, 1993. This rate results in a total 1993 lease
year ground rental for the Leased Premises of Thirty-
six Hundred Forty-five and 97/100 Dollars ($3,645.97).
B. The actual rental rate shall be determined prior to
January 1st of each lease year and shall be effective for
that lease year.
C. In the event that the united states Department of Labor
discontinues publication of the above index or data from
which the index can be directly computed, or if the
method for the determination of such index is
substantially different than that existing at the time
this Agreement and Lease is executed, the basis for the
rental rate adjustment shall be the most closely
comparable index published by the U.S. Government.
2. The parties recognize that Lessee shall lease to tenants,
facilities for the storage and/or tie-down of aircraft within
leased properties described as "Designated Use Area" on Exhibit
"A". The Lessee shall have the right to provide additional T-
Hangar or tie-down facilities on the property leased herein, but
any such additional facility shall only be provided after specific
written authorization from the Lessor. Additional facilities shall
be provided only in areas specifically authorized by the Lessor and
shall be hardsurfaced rather than grass areas. The parties further
agree that no aircraft will be tied-down on grass surface areas
within Lessee's leased premises after the year 1994.
3. The rental above provided for during the term of this
Agreement and Lease shall be paid monthlYI in sum equal to 1/12 of
the annual rental due hereunder, in advance on the first day of
each and every month. In the event that this Agreement and Lease
commences or terminates other than on the first or last day of the
month, pro-rata payments shall be made for the fractional part of
a month involved.
4. The Lessor is entitled to collect and the Lessee agrees to
pay, all rentals due under this Agreement and Lease to the city of
La porte, La Porte Municipal Airport, La Porte, Texas, without
notice to the Lessee. Rentals more than thirty (30) days past dUe
may be subject to a service charge of one percent (1%) per month,
based on an annual rate of twelve percent (12%).
5. without prejudice to any other remedy which otherwise might
be used for arrears of rent or other breach of this Agreement, if
the Lessor is required or it elects to pay any sum or incurs any
obligations or expense, by reason of a failure, neglect or refusal'
of the Lessee to perform anyone or more of the terms I conditions
or covenants of this Agreement and Lease or as the result of any
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act or omission of Lessee contrary to said terms, conditions and
covenants, the sum or sums so paid or the expense so incurred,
including all interest I costs, damages and penalties may be added
to any installment of rent thereafter due hereunder and each and
every part of the same shall be and become additional rent
recoverable by the Lessor in the same manner and with like remedies
as if it were originally a part of the rent as set forth
hereinabove.
ARTICLE IV - ACTIVITIES, USES. PRIVILEGES AND
OBLIGATIONS OF THE LESSEE
1. A Fixed Base Operations is defined as a commercial aviation
activity conducted by a person, partnership, firm or corporation
engaged in the hangaring, maintenance I care and operation of
aircraft for use by the public, and such other activities as may
be pertinent to such use. This definition specifically includes
all terms as set forth in Minimum Standards for Equipping &
Operating A General Fixed Base operation at the La Porte Municipal
Airport, made a part hereof by reference and attached as Exhibit
"B".
2. During the term of this Agreement and Lease, the Lessee agrees
to use the Leased Premises for the purposes or activities stated
above, subject to the conditions generally or particularly set
forth herein, and not to use or permit the use of the Leased
Premises or any part thereof for any purposes or activities other
than those specifically stated above without first obtaining the
express, written approval of the Lessor.
3. Lessee agrees that tpe rights and privileges granted herein
are non-exclusive except as to the Leased Premises which shall be
for the exclusive use of the Lessee.
4. The Lessee agrees that the Lessor has the right to adopt and
enforce reasonable rules and regulations and that it and all its
employees, agents and servants will faithfully observe and comply
with all rules and regulations as may from time to time be
promulgate4 by the Lessor I the United States of America or by any
department or agency thereof, the State of Texas.and the city of
La Porte.
S. The Lessee agrees, at its own expense, to pay any and all
taxes levied by the city, County or other appropriate governmental
units and to pay any and all costs or charges for utility services
furnished to or required by the Lessee.
6. The Lessee will not suffer or permit to be maintained upon the
Leased Premises or upon the exter ior of any improvements or
appurtenances thereto any billboards, signs or other advertising
media except those which have prior written approval of the Lessor.
Flashing, rotating I animated or intermittent illuminated type signs
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are prohibited.
7. Lessee shall utilize on the Airport, only service contractors
authorized to operate at the Airport, including, but not limited
to vendors of aircraft, aircraft parts I service and fuel, car
rental service, taxicab service, vending machine service and the
like; it being understood that fees may be imposed or collected by
the Lessor from such contractors for the privilege of operating at
the Airport.
ARTICLE V - RIGHTS AND COVENANTS OF THE LESSOR
1. The Lessor covenants that it is well seized of the Leased
Premises and has good title thereto free and clear of all liens and
encumbrances and has full right and authority to lease the same as
herein set forth.
2. The Lessor covenants that the Lessee shall have peaceful
possession and quiet enjoyment of the Leased Premises during the
term hereof so long as the Lessee performs and observes all of the
covenants, agreements, terms and conditions hereof.
3. The Lessor reserves the right to maintain and keep in repair
the landing area of the Airport and all publicly owned facilities
of the Airport, together with the right to direct and control all
activities of the Lessee in this regard.
4. The Lessor reserves the right further to develop or improve
the landing area and all publicly owned air navigation facilities
of this Airport as it sees fit, regardless of the desire or views
of the Lessee, and without interference or hindrance.
5. The Lessor reserves the right to take any action it considers
necessary to protect the aerial approaches of the airport against
obstruction, together with the right to prevent the Lessee from
erecting, or permitting to be erected I any building or other
structure on the airport which in the opinion of the Lessor would
limit the usefulness of the Airport or constitute a hazard to
aircraft.
6. During time of war or national emergency Lessor shall have the
right to enter into an agreement with the unites States Government
for military or naval use of part or all of the landing area, the
publicly owned air navigation facilities of the Airport. If any
such agreement is executed, the provisions of this instrument,
insofar as they are inconsistent with the provisions of the
agreement with the Government I shall be suspended.
7. This Agreement shall be subordinate to the provisions of any
outstanding agreement between Lessor and the united states relative
to the maintenance, operation or development of the Airport.
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8. It is understood and agreed that the rights granted by this
Agreement will not be exercised in such a way as to interfere with
or adversely affect the use, operation, maintenance or development
of the Airport.
9. There is hereby reserved to the Lessor, its successors and
assigns, for the use and benefit of the public, a free and
unrestricted right of flight for the passage of aircraft in the
airspace above the surface of the premises herein conveyed,
together with the right to cause in said airspace such noise as may
be inherent in the operation of aircraft, now known or hereafter
used for navigation of our flight in the air, using said airspace
for landing at, taking off from, or operating on or about the
Airport.
ARTICLE VI - IMPROVEMENTS AND MAINTENANCE
1.__ Lessee agrees that construction of all facilities,
improvements or appurtenances on or in connection with the Lease
Premises is prohibited without the express written consent of the
Lessor before commencement of said construction. All facilities,
improvements, or appurtenances proposed for construction shall
comply with all existing applicable codes, ordinances, laws and
regulations relating thereto.
2. Lessee agrees that T-Hangars constructed within the designated
liT-Hangar Development Area" will be built in structures containing
no fewer than ten (10) units each.
3. The Lessee agrees that no obstruction to air navigation as
such are defined from time to time by application of the criteria
of Part 77 of the Federal Aviation Regulations or subsequent and
additional regulations of the Federal Aviation Administration will
be constructed or permitted to remain on the Leased Premises. Any
obstructions shall be removed by the Lessee at its expense. The
Lessee agrees not to increase the height of any structure or
objects or permit the growth of plantings of any kind or nature
whatsoever that would interfere with the line of sight of aircraft
operating on or above the Airport in airspace protected under rules
prescribed by FAR Part 77. The Lessee further agrees not to
install any structures, objects, machinery or equipment that would
interfere with operation of navigation aids or that would interfere
with the safe and efficient operations of the Airport, or interfere
with the operations of other tenants and users of the Airport.
4. The Lessee agrees that all utility services required by it
during the lease term for the Lease Premises must be paid for by
the Lessee including the maintenance cost of service lines.
5. The Lessee agrees, at its own expense, to cause the Leased
Premises and any improvements and appurtenances thereto to be
maintained in a tenantable and in a safe, neat, clean and
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presentable condition including, but not limited to, the necessary
mowing and snow removal of the Leased Premises during the
appropriate periods of the year.
6. The Lessee agrees, at its own expense to keep and maintain in
good repair, all structures, pavements, utilities and all other
improvements and appurtenances within and upon the Leased Premises.
Lessee further agrees that Lessor shall have no maintenance
responsibilities with respect to the Leased Premises.
7. Lessee agrees, at his own expense, to remove all waste,
garbage, and rubbish from the Lease Premises, and agrees not to
deposit the same on any part of the Leased Premises except
temporarily in connection with collection for removal. No waste,
garbage or rubbish will at any time be deposited on any other area
of the Airport.
8. Lessee agrees to provide I at its own expense I such janitor,
toilet, and cleaning services and supplies as may be necessary or
required in the operation and maintenance of the Leased Premises
and the improvements and appurtenances thereto.
9. The Lessor and its authorized officers, employees, agents,
contractors, subcontractors, and other representatives shall have
the right to enter upon or in the Leased Premises and any
improvements thereon for the following purposes:
A. To inspect the Leased Premises and any improvements
thereon at reasonable intervals during regular business
hours or at any time in case of emergency, to determine
whether the Lessee has complied and is complying with the
terms and conditions of this Agreement and Lease with
respect to su~h Leased Premises.
B. To perform any and all things which the Lessee is
obligated to do and has failed, after reasonable notice
to do, including maintenance, repairs and replacements
of any portion of the Leased Premises, improvements or
appurtenances thereto, in which event the Lessee agrees
to reimburse the Lessor for reasonable costs thereof
promptly upon demand, as set forth herein before.
C. In the exercise of the Lessor's police power.
D. To inspect the Leased Premises and perform any and all
things with reference thereto which the Lessor is
obligated or authorized to do as set forth herein.
No such entry by or on behalf of the Lessor within or upon the
Leased Premises or any improvements thereon shall cause or
constitute a termination of the letting thereof or be deemed to
constitute an interference with the possession thereof by the
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Lessee.
10. Upon termination of this Agreement and Lease at the expiration
of the term or for any other reason or cause, the Lessee shall have
the right to remove any structures or other improvements and all
machinery, fixtures I apparatus and equipment owned by the Lessee
and located on the Leased Premises for a period of 120 days after
said termination date and upon payment of rentals as provided in
Article III hereof to the date of removal of said improvements.
The Lessor shall be entitled to have the Lease Premises herein
demised returned to it clear of all improvements owned by the
Lessee and may require the Lessee to make such restoration by
written notification within 120 days following termination of this
Agreement and Lease; and, in the event of the failure by the Lessee
to restore the Leased Premises as herein required, within 120 days
of said written notification, then the Lessor may make such
restoration at the Lessee's expense. In the event that Lessee does
not remove all said improvements or equipment, and the Lessor
elects not to require said restoration of the Leased Premises, then
upon the expiration of 120 days from the date of termination of
this Agreement and Lease, all structures or other improvements and
all machinery, fixtures I apparatus and equipment located on the
Leased Premises shall become the property of the Lessor.
ARTICLE VII - INDEMNIFICATION AND INSURANCE
1. The Lessee covenants and agrees to indemnify and save harmless
the city of La Porte, its officers, agents and employees, their
successors and assigns , individually or collectively, from and
against all liability for any fines, claims, suits, liens, demands,
actions or cause of action of any kind or nature fqr personal
injury or death~ or property damage in any way arising out of or
resulting from any activity or operation of the Lessee on the
Leased Premises or in connection with its use of the Leased
Premises, and the Lessee further agrees to pay all expenses in
defending against any such claims made against the Lessor,
including reasonable attorney's fees; provided, however, that the
Lessee shall not be liable for any injury, damage or loss
occasioned by the sole negligence or willful misconduct of the
Lessor, its agents or employees. The Lessee and the Lessor shall
give prompt and timely notice of any claim made or suit instituted
which, in any way, directly or indirectly I contingently or
otherwise, affects or might affect either party. If the Lessee
fails, after written notice from Lessor, to so save harmless and
indemnify Lessor, Lessor shall have the right, in addition to its
other legal remedies, to declare a default in Lessee's obligation
to fulfill and comply with the terms and conditions of this Lease,
and Lessor may then proceed to termination of the Lease pursuant
to Article IX hereof.
2. The Lessee shall procure and maintain in effect during the
term of this Agreement and Lease insurance with companies licensed
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to do business in the state of Texas, and naming the Lessor as an
additional insured and containing a cross liability agreement,
providing the following coverages:
AIRCRAFT LIABILITY
Bodily Injury One Hundred Thousand Dollars
($100,000) each person
One Million Dollars
($1,000,000) each accident
Property Damage Five Hundred Thousand Dollars
($500,000) each accident
Passenger Legal Liability One Hundred Thousand Dollars
($100,000) each passenger seat
Or alternatively a single limit legal liability policy (public
liability and property damage) of not less than One Million Dollars
($1,000,000) which may include a limit of One Hundred Thousand
Dollars ($100,000) each person.
COMPREHENSIVE PUBLIC LIABILITY
AND COMPREHENSIVE PROPERTY DAMAG~
Bodily Injury One Hundred Thousand Dollars
($100,000) each person
One Million Dollars
($1/000,000) each accident
Property Damage Five Hundred Thousand Dollars
($500,000) each accident
Or alternatively a single limit legal liability policy (public
liability and property damage) of not less than One Million Dollars
($1,000,000) which may include a limit of One Hundred Thousand
Dollars ($100,000) each person.
3. A certified copy of each policy evidencing the existence
thereof shall be delivered to the Lessor within ten (10) days after
the execution of this Agreement and Lease. Each such copy shall
contain a valid provision or endorsement that the policy may not
be cancelled, terminated, changed or modified without giving ten
(10) days written advance notice thereof to the Lessor. Each such
policy shall not, without obtaining express advance permission from
the Lessor, raise any defense involving in any way the immunity of
the city of La Porte, its members I officer, agents I or employees,
the governmental nature of the Lessor, or the provisions of any
statutes respecting suits against the City.
4. The Lessee shall furnish to the City satisfactory evidence
that it carries Workmen I s compensation Insurance in accordance with
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the laws of the state of Texas.
5. In the event that any repairs, alterations, additions, or
improvements are made, in, on or to the Leased Premises by reason
of the use and occupancy of the Leased Premises by the Lessee, then
the Lessee covenants and agrees to make such repairs, alterations,
additions, or improvements in, on or to the Leased Premises at its
own expense. The Lessee covenants and agrees to indemnify and save
harmless Lessor from and against all expenses, liens, claims, or
damages to either persons or property which mayor might arise by
reason of any repairs, alterations I additions, or improvements made
by the Lessee in, on or to the Leased Premises.
ARTICLE VIII - TERMINATION OF LESSE~
1- In addition to all other remedies available to the Lessee, this
Agreement and Lease shall be subject to cancellation by the Lessee
should anyone or more of the following events occur:
A. The permanent abandonment of the Airport.
B. The issuance by any court of competent jurisdiction of
any injunction preventing or restraining the use of the
Airport in such manner as to substantially restrict the
Lessee from conducting its fixed base operation, and the
remaining in force of such injunction for at least sixty
(60) days.
C. The breach by the Lessor of any of the terms, covenants,
or conditions of this Agreement and Lease to be kept I
performed, and observed by the Lessor, and the failure
of the Lessor to remedy such breach for a period of sixty
(60) days after written notice from the Lessee of the
existence of such breach.
D. The assumption by the united states Government, or any
authorized agency thereof, of the operation, control or
use of the Airport and its facilities in such a manner
as to substantially restrict the Lessee from conducting
its operation, if such restrictions be continued for a
period of three (3 ) months or more.
ARTICLE IX - TERMINATION BY LESSO~
1- In addition to all other remedies available to the Lessor, this
Agreement and Lease shall be subject to cancellation by the Lessor
should anyone or more of the following events occur:
A. If the Lessee shall file a petition of bankruptcy; or if
proceedings in bankruptcy shall be instituted against it
and it is thereafter adjudicated a bankrupt pursuant to
proceedings; or if a court shall take jurisdiction of the
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Lessee and its assets pursuant to proceedings brought
under the provisions of any Federal Re-Organization Act;
or if a Receiver for the Lessee's assets is appointed;
or if the Lessee shall be divested of its rights, powers
and privileges ,under this Agreement and Lease by other
operation of law.
B. If the Lessee shall default in or fail to make any
payments at the times and in the amount required of it
under this Agreement and Lease.
C. If the Lessee shall abandon and discontinue the conduct
of a fixed base operation.
D. If the Lessee shall fail to perform, keep and observe all
the covenants and conditions contained in this Agreement
and Lease to be performed I kept and observed by it.
E. If the Lessee shall fail to abide by all applicable laws,
ordinances, rules and regulations of the united states,
state of Texas, or the city of La Porte.
Provided that upon happening of any of the contingencies recited
in subparagraphs B, C, D and E above the Lessor shall give written
notice to the Lessee to correct or cure such default, failure to
perform, or breach I and if, within thirty (30) days from the date
of such notice, the default, failure to perform or breach
complained of, shall not have been corrected in a manner
satisfactory to the Lessor, then, and in such event, the Lessor
shall have the right at once and without further notice to the
Lessee to declare this Agreement and Lease terminated and to enter
upon and take full possession of the Leased Premises and Leased
Facilities and, provided further that upon the happening of anyone
of the contingencies enumerated in subsection A hereof, this
Agreement and Lease shall be deemed to be breached by the Lessee
and thereupon ipso facto and without entry or any other action by
the Lessor, the Agreement and Lease shall terminate, subject to be
reinstated only if such involuntary bankruptcy or insolvency
proceedings, petitions for reorganization, trusteeship, receiver
ship, or other legal act divesting the Lessee of its rights under
this Agreement and Lease shall be denied, set aside, vacated or
terminated in the Lessee's favor within forty-five (45) days from
the happening of the contingency. Upon the happening of said
latter event, this Agreement and Lease shall be reinstated as if
there had been no breach occasioned by the happening of said
contingencies provided that the Lessee shall within ten (10) days
discharge any and all sums of money which may have become due under
this Agreement and Lease in the interim and shall then remain
unpaid and shall likewise fully perform and discharge all other
obligations which may have accrued and become payable in the
interim. The acceptance of rentals and fees by the Lessor for any
period or periods after a default of any of the terms, covenants I
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and conditions herein contained to be performed, kept and observed
by the Lessee shall not be deemed a waiver of any rights of the
Lessor to cancel this Agreement and Lease for failure by the Lessee
to so perform, keep, or observe any of the terms of this Agreement
and Lease to be kept, performed, and observed by the Lessee.
ARTICLE X - ASSIGNMENT AND SUBLETTIN~
1. The activities, uses, privileges and obligations authorized
herein are personal and the Lessee agrees that it will not assign,
subcontract, sublet, or underlet the same or any portion thereof,
or assign, subcontract, sublet or underlet the Leased Premises or
any portion thereof without the expressed consent of the Lessor in
writing and any purported assignment or subcontract in violation
hereof shall be void. In no case, however, may the activities,
uses, privileges and obligations authorized herein or the Leased
Premises or any portion thereof be assigned, subcontracted, sublet,
or underlet by the Lessee for any use other than herein specified.
All provisions of this Agreement and Lease applicable to the Lessee
hereunder shall be equally binding upon any party to which the
activities, uses, privileges and obligations authorized herein,
leased Premises are assigned, subcontracted, sublet or underlet.
2. The Lessor will not be unnecessarily arbitrary in granting
said permission, but the Lessor shall be the sole judge as to the
reliability, capability, character, and desirability of the parties
involved.
ARTICLE XI - HOLDING OVER
1. In the event the Lessee shall hold over and remain in
possession of the Leased Premises herein leased after expiration
of this Agreement and Lease without any written renewal thereof,
such holding over shall not be deemed to operate as a renewal or
extension of this Agreement and Lease but shall only create a
tenancy from month to month which may be terminated at any time by
the Lessor
ARTICLE XII - SUCCESSOR AND ASSIGNS BOUND BY COVENANTS
1. All covenants, stipulations and agreements in this Agreement
and Lease shall extend to and bind the legal representatives,
successors, and assigns of the respective parties hereto.
ARTICLE XIII - GENERAL PROVISIONS
1. Notices to the Lessor provided for in this Agreement and Lease
shall be sufficient if sent by certified or registered mail,
postage prepaid, addressed to the City Manager, City of La Porte,
P.O. Box 1115, La Porte, Texas 77572, and notices to the Lessee if
sent by certified or registered mail, postage paid addressed to
Gulf Central Aviation, Inc., P.O. Box 656, La Porte, Texas 77572,
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or to such other respective address as the parties may designate
to each other from time to time.
2. The Lessee represents that it has carefully reviewed the terms
and conditions of the Agreement and Lease and is familiar with such
terms and conditions and agrees faithfully to comply with the same
to the extent to which said terms and conditions apply to its
activities, authorized and required by this instrument.
3. The term "Lessor" as used in this Agreement and Lease means
the city of La Porte, and where this Agreement and Lease speaks of
approval and consent by the Lessor, such approval is understood to
be manifested by act of the City Manager, except as otherwise
expressly stated in this Agreement and Lease.
ARTICLE XIV - INVALID PROVISION
1. In the event that any covenant, condition or provision herein
contained is held to be invalid by any Court of competent
jurisdiction, the invalidity of any such covenant, condition, or
provision shall in no way affect any other covenant, condition or
provision herein contained; provided that the validity of any such
covenant, condition, or provision does not materially prejudice
either the Lessor or the Lessee in its respective rights and
obligations contained in the valid covenants, conditions, or
provisions of this Agreement and Lease.
ARTICLE XV - FEDERAL REOUIREMENTS
1. The right to conduct aeronautical activities or furnishing
services to the public is granted the Lessee subject to Lessee
agreeing to:
A. Furnish said services on a fair, equal and not unjustly
discriminatory basis to all users thereof, and
B. Charge fair, reasonable, and not unjustly discriminatory
prices for each unit or service; provided, that the
Lessee may be allowed to make reasonable and
nondiscriminatory discounts I rebates, or other similar
types of price reductions to volume purchasers.
2. The Lessee in exercising any of the rights or privileges
herein granted to it shall not on the grounds of race, color, or
national origin discriminate or permit discrimination against any
person or group of persons in any manner prohibited by Part 21 of
the Regulations of the Secretary of Transportation. The Lessor is
hereby granted the right to take such action, anything to the
contrary herein notwithstanding, as the united States may direct
to enforce this nondiscrimination covenant.
3. The Lessee assures that it will undertake an affirmative
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action program as required by 14 CFR Part 152, Subpart E, to insure
that no person shall on the grounds of race, creed, color, national
origin, or sex be excluded from participating in any employment
acti vi ties covered in 14 CFR Part 152, Subpart E. The Lessee
assures that no person shall be excluded on these grounds from
participating in or receiving the services or benef its of any
program or activity covered by this subpart. The Lessee assures
that it will require that its covered suborganizations provide
assurances to the Lessee that they similarly will undertake
affirmative action programs and that they will require assurances
from their suborganizations, as required by 14 CFR Part 152,
Subpart E, to the same effect.
ARTICLE XVI - FAVORED NATIONS CLAUSE
1. Lessor covenants and agrees not to hereafter enter into any
lease, contract, or agreement, nor any renewal of any existing
leases, with any other party with respect to the Airport,
containing more favorable terms than this lease or to grant to any
other operator rights, privileges or concessions with respect to
the Airport which are not accorded to Lessee hereunder, unless the
same rights, privileges and concessions are concurrently and
automatically made available to Lessee. It is understood and
agreed that the intent of the parties in this paragraph is to
provide that Lessee shall not be put at a competitive disadvantage
with any other operator rights, privileges or concessions which
have not been granted to Lessee or terms and conditions more
favorable than those enjoyed by Lessee.
IN WITNESS WHEREOF, the parties have caused these presents to
be signed by their duly authorized representatives.
Lessor:
CITY OF LA PORTE
BY:
Norman Malone, Mayor
ATTEST:
Cherie Black, City Secretary
APP~ED: /
~'&J~
Knox W. Askins, C1ty Attorney
,
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Lessee:
GULF CENTRAL AVIATION, INC.
BY: rJ1!;4('~P'~ c;:- 'iitL~
Thomas F. Helenberg I
President
ATTE :
-_/// ~~c~~2//~~)
syir'via L. Miller / -
Secretary
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TRACT ONE:
Being a tract of land out of the La Porte Municipal Airport, said
Airport being 300 Acres I more or less ,out of the W. J . Payne
Subdivision of the W.M. Jones Survey, A-482, Harris County, Texas,
more particularly described as follows:
BEGINNING for reference at a 1/211 iron pipe found for the Southwest
corner of the La Porte Municipal Airport, said point being in the
North right-of-way line at Spencer Highway;
THENCE, S89033'E, a distance of 100.01 feet along the North right-
of-way line of Spencer Highway to a point for corner;
THENCE, North, a distance of 452.47 feet to the POINT OF BEGINNING
of this tract;
THENCE, continuing North, a distance of 261.64 feet to a point for
the Northwest corner of this tract;
THENCE, N52054'48I1E, a distance of 129.82 feet to a point for the
Northeast corner of this tract;
THENCE, S37005'1211E, a distance of 208.72 feet to a point for the
Southeast corner of this tract, said point being 300 feet
Northwesterly of the center line of the Southwest-Northeast Runway
of the La Porte Municipal Airport;
THENCE, S52054'48"W, parallel to and 300 feet Northwesterly of the
center line of said Southwest-Northeast Runway, a distance of
287.58' to the POINT OF BEGINNING of this tract;
Said tract containing 1.0000 Acres of land.
TRACT TWO:
Being a tract of land out of the La Porte Municipal Airport, said
Airport being 300 Acres, more or less, out of the W.J. Payne
Subdivision of the W.M. Jones Survey, A-482, Harris County, Texas,
more particularly described as follows:
BEGINNING at the most Northeasterly corner of the M.L. Miller One-
acre lease area of the La Porte Municipal Airport; hereinafter
referred to as Tract No. 1;
THENCE, N52054'48"E, a distance of 208.72 feet to a point for
corner;
THENCE, S37005'12"E, a distance of 208.72 feet to a point for
Exhibit "A"
Page 1 of 4
,
1
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corner;
THENCE, S52054'48"W, a distance of 208.72 feet to a point for
corner; said point being the Southeast corner of Tract No.1;
THENCE, N37005112"W, a distance of 208.72 feet, along the East line
of Tract No.1, to the PLACE OF BEGINNING;
Said tract containing One (1) acre of land.
TRACT THREE:
Being a 1.00 acre tract of land located in the City of La Porte
Municipal Airport I Harris County, Texas I and being hereinafter
referred to as Lease Area Tract No. 3, as shown on Exhibit "B",
attached hereto, said 1.00 acre Tract No.3 being more particularly
described as follows:
COMMENCING at the Southwest corner of the La Porte Municipal
Airport, La Porte, Harris County, Texas;
THENCE, S890331E, along the South line of the La Porte Municipal
Airport, said line being the North right-of-way line of Spencer
Highway, a distance of 100.01 feet to a point for corner;
THENCE, North, along the East side of a 100 foot wide drainage and
roadway reserve I a distance of 714.11 feet to a point for corner,
said point being the Northwest corner of Lease Tract No.1;
THENCE, N52054148"E, along the Northwest line of Lease Tracts No.
1 and 2, a distance of 338.54 feet to the POINT OF BEGINNING of
this Lease Tract No.3;
THENCE, S37005'12"E, along the Northeast line of Lease Tract No.
2, a distance of 208.72 feet to a point for corner, said point
being 300 feet Northwesterly from the center-line of the N.E. -
S.W. Runway of the La Porte Municipal Airport, and the Southeast
corner of Lease Tract No.2;
THENCE, N52054148"E, along a line parallel to and 300 feet
Northwesterly from the center-line of the N.E. - S.W. Runway, said
line also known as the Airport Building Line, a distance of 208.72
feet to a point for corner;
THENCE, N37005112"W, a distance of 208.72 feet to a point for
corner;
THENCE, S52054148"W, a distance of 208.72 feet to the POINT OF
BEGINNING.
Exhibit "A"
Page 2 of 4
I
e e
.
TRACT FOUR:
Being a 0.6066 acre (26,418 sq. ft..) tract (Traot 4) oomprising
part of that certain City of La Porte 300.14 acre municipal Airport
traot (Vol. 1614, Pg. 190, Harris County Deed Records), W. H. Jones
Survey, A-482, Harris County, Texas.
All ooordinates and bearings are referred to the Texas
Coordinate System of 1983, South Central Zone, as defined in the
Texas Natural Resource Code, Seotion 21.071, et seq., and are based
on the position of "La Porte 1962", having published ooordinates of N
4,209,400.770 and E 980,762.809 meters, and N 13,810,342.36 and E
3,217,686.61 U.S. Survey Foot; and having a soale faotor of
0.9998798. ,
The 0.6066 aore tract as surveyed by H. Carlos Smith, Engineers
& Surveyors, Ino. on November 25th thru Deoember 1st, 1992, is more
partioularly desoribed by metes and bounds as follows;
COMMENCING at the Southwest corner of said 300.14 aore La Porte
airport tract, having coordinates of N 13,810,198.10 and E
3,216,126.75.
Thenoe N 86 degrees 66 minutes 22 seoonds E; ooinoident with the
North right-of-way line of West Main Street (Spenoer Highway) (100'
ROW); a distance of 100.01 feet to a point for corner.
Thenoe N 03 degrees 30 minutes 38 seconds Wj passing at 462.47
feet the Southwest corner of Tract 1 of the existing Gulf Central
Aviation, Ino. Lease Traot; for a total distanoe of 714.11 feet to a
6/8 inch iron rod set for the Northwest corner of said Tract 1, the
POINT OF BEGINNING of this 0.6066 aore traot and having coordinates
of N 13,810,916.12 and E 3,216,182.88.
Thence N 03 degrees 30 minutes 38 seconds W a distance of 62.68
teet to a 6/8 inch iron rod set for the Northwest oorner of this
0.6065 aore tract.
Thenoe N 49 degrees 24 minutes 10 seconds E a distance of 509.46
feet to a 5/8 inch iron rod set for the Northeast corner of this
0.6066 acre tract.
Thence S 40 degrees 36 minutes 60 seconds E a distance of 60.00
feet to a 5/8 inch iron rod set for the Southeast corner of this
0.6065 acre tract.
Thence S 49 degrees 24 minutes 10 seconds Wj coincident with the
North line of the existing Gulf Central Aviation, Inc. Lease Traots
1, 2, and 3; a distance of 647.26 feet to the POINT OF BEGINNING.
Exhibit "A"
Page 3 of 4
..,/
OPTION TRACT: e e
Lessor grants tQ Lessee, an option to lease a 2.057 acre (89.616
square foot) tract (option Tract No. '5), for the duration of the
term of agreement, and under the same rentals and charges, and
other terms and provisions, of this lease, at any time upon written
notice by Lessee to Lessor.
Being a 2.067 aore (89,616 sq. tt.) traot (Option Traot 6)
comprising part of that certain City of La Porte 300.14 aore
munioipal Airport traot (Vol. 1614, Pa. 190, Harris County Deed
Reoords), W. H. Jones Survey, A-482, "arri~ County, Texas.
All ooordinates and bearings are referred to the Texas
Coordinate System of 1983, South Central Zone, as defined in the
Texas Natural Resource Code, Seotion 21.071, et seq., and are ba~ed
on the position of "La Porte 1962", having published coordinates of N
4,209,400.770 and E 980,762.809 meters, and N 13,810,342.36 and E
3,217.888.61 U. S. Survey Foot; and having a scale faotor of
o. 9998198..
The 2.067 acre traot is more particularly described by metes and
bounds as follows;
COMMENCING at the Southwest corner of said 300.14 aore La Porte
airport traot, having coordinates of N 13,810,198.10 and E
3,218,128.16.
Thenoe N 88 degrees 68 minutes 22 seconds gj ooinoident with the
North right-ot-way line of West Main Street (Spenoer Highway) (100'
ROW); a distanoe of 100.01 feet to a point for oorner.
Thence N 03 degrees 30 minutes 38 seconds Wi passing at 462.47
feet the Southwest corner of Traot 1 of the existing Gulf Central
Aviation, Ino. Lease Traot; passin, at 714.11 feet a 5/8 inch iron
rod set tor the Northwest oorner ot s~id Tract 1 and the Southwest
oorner ot a 0.6066 aore traot (Tract 4); for a total distanoe of
118.79 teet to a 6/8 inoh iron rod set for the Northwest corner of
said Traot 4. and the POINT OF BEGINNING of this 2.067 aore traot
and having ooordinates of N 13,810,918.67 and E 3,216,119.04.
Thenoe N 03 degrees 30 minutes 36 second~ W a distance ot 280.74
feet to the Northwest oorner of this 2.067 aore traot.
Thenoe N 49 degrees 24 minut$s 10 seoonds E a .distanoe of 362.23
feet to the Northeast corner ot this 2.067 aore traot.
Thence S 40 degrees 36 minutes 60 seoonds K a distance of 208.00
teet to a 6/8 inch iron rod set tor the Northeast corner of said
0.8086 aore traot and the Southeast oorner ot this 2.067 aore traot.
Thenoe S 49 degrees 24 minutes 10 seoonds Wi parallel with and
60 feet North of the North line of the existing Gulf Central I
Aviation, Ino. Lease Traots 1, 2, and 3; a distance of 609.46 feet to
the POINT OF BEGINNING. I
Exhibit "A"
Page 4 of 4
i
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I
ALL COORDINATES AND BEARINliIS ARE REFERRED TO THE TEXAS COORDINATE SYSTEM OF
1983, SOUTH CENTRAL ZONE, AS DEFINED IN THE TEXAS NATURAL RESOURCES ~SEC
21.071, . t IIq., AND ARE BASED ON THE POSITION OF II LA PORTE 1952 II, HAVINS
PUBLISHED COORDINATES OF N 4,209,400.770 AND E 980,752.809 METERS, AND
-~ N 13,810,342.36 AND E 3,217,686.51 U.S, SURVEY FOOT; AND HAVING A SCALE
N FACTOR OF 0.99987118.
....
....
N86<>M'22"E \
P.O C ..- 100.01' -';"
. . . \
'..'5.W. COR 300.14 Ac. LAPORTE PROPOSED GULF CENTRAL AVIATION LEASE TRACT
MUNICIPAL AIRPORT ..
N 13 810 188.10 WEST MAIN STREET (SPENCER' HWY. )
, , I ..
! 3,218,128.78 (100 R.O.W.1 '..
PREPARED FOR: CITY OF LA PORTE
PREPARED BY: H. CARLOS SMITH. E ~ S, INC.
DATE: DEC. I, 1992
JOB NO. 27!59 - 92
Exbihit "B"
""... ,.,.".
e e
.
UNANIMOUS CONSENT
OF THE DIRECTORS OF
GULF CENTRAL AVIATION, INC.
Pursuant to the provisions of Article 9.10, Texas Business
Corporation Act, the following action is taken without a meeting by
the undersigned, being all of the Board of Directors of GULF CENTRAL
AVIATION, INC.
The following resolutions were adopted:
"RESOLVED, that Gulf Central Aviation, Inc. enter into an
Agreement And Lease For Fixed Base Operations For City Of La Porte
Municipal Air~ort, with the City of La Porte, Lessor, and Gulf
Central Aviat1on, Inc., Lessee.
"RESOLVED FURTHER, that the President be authorized to execute
said lease on behalf of the corporation."
Dated December 7, 1992
DIRECTORS:
~vP~ q:: 'J{L~
/
.. -,.,
e .
REOUEST FOR CITY COUNCIL AGENDA ITEM
- ~ -
Agenda Date Requested: 12/14/92
Requested By: J. L. SEASE ,~ Department: FIRE
X Report ~ Resolution ~ Ordinance
Exhibits: ORDINANCE NO. I t'1K
LAND SURVEY MAP
MEETS AND BOUNDS DESCRIPTION
- - - -""- -=-
SUMMARY , RECOMMENDATION
ORDINANCE APPROVING PURCHASE OF 0.204 ACRES OF LAND FOR THE
EXPANSION OF THE PARKING AREA AT FIRE STATION 2.
PRICE: $22,200 FOR THE 0.240 ACRES (8,800 SQ FT)
DUE TO THE RAPID GROWTH IN THE AREA, THE FIRE DEPARTMENT HAS
ACQUIRED MORE VOLUNTEER FIREFIGHTERS AT THIS STATION, AND WE
MUST PROVIDE ADEQUATE PARKING AND MOBILITY, CONSIDERING THE
NEW SPENCER HIGHWAY EXPANSION, WITH NO ROADSIDE PARKING
AVAILABLE.
Action Required by Council: APPROVE OR DENY LAND PURCHASE
,
Availability of Funds:
General Fund water/Wastewater
X Capital Improvement General Revenue Sharing
Other
Account Number: 001-508-500-100 Funds Available: X Yes No
- ~~... --=
ADDroved for citv Council Aaenda
Q~ \L ~ \1... C\. a. '\J
Robert T. Herrera Date
City Manager
e e
ORDINANCE NO. 1878
AN ORDINANCE APPROVING THE PURCHASE BY THE CITY OF LA PORTE OF A
o .204 ACRE (8,880 SQUARE FEET) TRACT OF LAND ADJOINING THE
FAIRMONT PARK FIRE STATION I FROM EDDIE v. GRAY, TRUSTEE I FOR
PURCHASE PRICE OF $22,200 .00: APPROPRIATING $22,200 .00 TO
PURCHASE SAID TRACT: 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 I agreement or other undertaking described in the
title of this ordinance I 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. city Council appropriates the sum of $22,200.00 from
the General Capital Improvement Fund #15 to fund said contract.
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
e e
,
ORDINANCE NO. 1878 Page 2
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 14th day of December, 1992.
CITY OF LA PORTE
BY
Norman L. Malone
Mayor
ATTEST:
Cherie Black
city Secretary
A{;;:~J ~
KnOK w. Askins
city Attorney
,
e e
, METES AND BOUNDS DESCRIPTION
Being a 0.204 aore (8,880 sq. ft.) tract of land in the W. M.
Jones Survey, A-482, La Porte, Harris County, Texas. The 0.204 acre
tract as surveyed by H. Carlos Smith, Engineers & Surveyors, Inc. on
November 6th, 1992, is more particularly described by metes and
bounds as follows;
BEGINNING at a 1/2 inch iron rod found for the Northeast corner
of that certain 0.4273 acre tract conveyed by Eddie Gray, Trustee, to
the City of La Porte on April 28, 1983, (Harris County Clerk's File
No. H944694) ; said corner bears EAST - 607.94 feet from the
intersection of the East right-of-way line of Farrington Boulevard
with the South right-of-way line of West Main Street (Spencer
Highway) .
Thence EAST; coincident with the South right-of-way line of West
Main Street (100' ROW) i a distance of 60.00 feet to a 5/8 inch iron
rod set for the Northeast corner of this 0.204 acre tract.
Thence SOUTH a distance of 148.00 feet to a 5/8 inoh iron rod
set for the Southeast corner of this 0.204 acre tract.
Thence WEST a distance of 60.00 feet to a 5/8 inch iron rod set
for the Southwest corner of this 0.204 acre tract.
Thence NORTH; passing at 8.00 feet the Northeast corner of that
certain La Porte Independent School District 10.004 acre tract and
the Southeast corner of said City of La Porte 0.4273 acre tract; for
a total distance of 148.00 feet to the POINT OF BEGINNING.
aM
KEVIN A. OLSON
TEXAS REGISTERED PROFESSIONAL SURVEYOR NO. 4524
DATE: NOVEMBER 19, 1992
JOB NO. 2757-92
- e 1\
WEST MAIN STREET (lIn't~CYI) ( SPENCER HWY, ) I
,
:" rOI..! or Pil!l7WoJloJl1 J~
'- ~^"r 100 I "M -,I - EAST - 60.00' -
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10: r1TV 01 I.A "UIII, SlJvrFl.IGlf TIIlL ,;, no. 9i.15R39
I IIII'lIlY (f1'TIIY 111M TillS SUI'\'IV HAS '.'AOI ON "" GI!OlJI/O (]II IIOVl.ll!l[l1 6111, 1997. 111M "tiS 1'1 AT CfIJl'lnl'{
"'PI'ISlIiTS "II IMTS r(JUI,D AI "II Iil-il 01 SIJI'1!V AI ill IIIAT TIllS 1T0nSSIOI;1\1 SII!Vll.I CIlI:IIII!f';S I" till
(,111'1'[1<1 T[>:AS SO(IITV or I'IOIISSIOI:I\'- SU"VIVIJ'~S STJlJIIJAI'US ^fiO SPIClrlu.riOf:S 101' A U.IIl;IWV 11\, COl/OllllJl: II SlllVli.
t2Al
I:/. 'Ill: A. OL 501;
TIXAS REGISTll'ro rl Of fSSlOr;,~,- SUHVI VO,," NO. 4524
TillS T~f.CI 1115 iI. If,l;r x .'5 SIIOI/i, ur: IIOUI' IN5111:A1ill 1.1\" ItA" 111)/:(11.11 .lHiCl!C034() (; IfI'-CIIVl IIAlL: 511'1. Lll,
I). ;>i)~ I\CIl[ I I'M. T DATe SCALE
a. :,i. Jor,rs SUI'VI V. .A.4!l;' 11/1'1/92 ~ H. CARLOS SMITH '''.,,)'
I r. 1"1"1[. 1:""l'iS COli'; IV . 1[X~,S i .' t:.,. pEZ.-:':x~~:9~~:2jU~~:iv~~~~'. JO;;~;~92
DRAWN
1:/\0
CHeCI<EO I "'..::'::::;,:' LA PORTE. lEXAS I SHeer
....... 77572-0529 I I
L_ ...--'_ _____1 OF 1
e e
REQUEST FOR CITY COUNCIL AGENDA ITEM
=================================================================
Agenda Date Requested: December 14. 1992
Requested By: Charles R. HarrinatonCtiltoepartment: Plannina
Report Resolution X Ordinance
Exhibits:
1. Ordinance \8'l'j
=================================================================
SUMMARY & RECOMMENDATION
Summary
During the FY 1993 budgeting process, Council authorized the
expenditure of $210,000.00 for the purpose of remodeling a portion
of the Police Building for the relocation of the Municipal Court.
In order to accomplish this task, it becomes necessary to select an
architect for the redesign of the facility.
In order to maintain the momentum of the project, the staff
proposes employing the firm of Ray & Hollington Architects to
complete construction drawings for the project as they have
prepared preliminary drawings for the project. Ray & Hollington
proposes completing the project design for the amount of
$14,815.00. ()P ..,.oscTJQ
Recommendation
The staff recommends approval of an ordinance authorizing the City
Manager to enter into an agreement with Ray & Hollington,
Architects in the amount of $14,815.00 plus a 10% contingency for
a total of $16,296.50 for the purpose of preparing construction
drawings and specifications for the relocation of the Municipal
Court.
Action Required by Council:
Approval of an ordinance authorizing the City Manager to enter into
an agreement with Ray & Hollington Architects in the amount of
$14,815.00 plus $1,481.50 in contingencies for the design of a new
Municipal Court.
-----------------------------------------------------------------
-----------------------------------------------------------------
Availability of Funds:
General Fund Water/Wastewater
X Capital Improvements General Revenue
Other Sharing
Account No.: 015-600-200-400 Funds Available: X Yes No
-----------------------------------------------------------------
-----------------------------------------------------------------
Approved for City Council Agenda
Q~ \1 ~ \'2..-'t-q~
Robert T. Herrera Date
City Manager
-----------------------------------------------------------------
-----------------------------------------------------------------
. e
,
ORDINANCE NO. 1879
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND RAY & HOLLINGTON ARCHITECTS, TO PROVIDE
CONSTRUCTION DRAWINGS AND SPECIFICATIONS FOR RELOCATION OF
MUNICIPAL COURT; APPROPRIATING $14,815.00 PLUS A CONTINGENCY OF
$1,481 .50 TO FUND SAID CONTRACT; 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. City Council appropriates the sum of $14,815.00 plus
a contingency of $1,481.50 from Capital Improvement Fund #015-
600-200-400 to fund said contract.
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
e e
\
ORDINANCE NO. 1879 Page 2
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 14th day of December, 1992.
CITY OF LA PORTE
BY
Norman L. Malone
Mayor
ATTEST:
Cherie Black
city Secretary
APPROVED: ~
~ .. /11/'
(. // ~'/ ~ I
Knox W. Askins
city Attorney
e e
REQUEST FOR CITY COUNCIL AGENDA ITEM
=================================================================
Agenda Date Requested: December 16. 1992
Requested By: Charles R. Harrinaton~epartment: Plannina
Report Resolution X Ordinance
Exhibits:
1. Report of November 16, 1992.
2. Ordinance 1743-A
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY & RECOMMENDATION
Summary
On the Council agenda of November 16, 1992, the staff presented a
report and proposed ordinance amendment that would have enhanced
the Harris County Health Department enforcement of the Health
Codes. This change authorized the Harris County Health Department
to issue citations for health code violations. During the
discussions of the ordinance amendment, several Council Members
expressed a desire to see a stronger ordinance allowing the closure
of a food establishment for serious health violations.
As directed by Council, the staff is providing a revised ordinance
that includes both of the above referenced enforcement tools for
your review.
Action Required by Council:
1. Pass Ordinance #1743-A with both amendments as presented.
2. Pass Ordinance #1743-A deleting one or the other proposed
amendments.
3. Deny the approval of Ordinance #1743-A.
-----------------------------------------------------------------
-----------------------------------------------------------------
Availability of Funds: N/A
General Fund Water/Wastewater
Capital Improvements General Revenue
Other Sharing
Account No.: N/A Funds Available: Yes No
-----------------------------------------------------------------
-----------------------------------------------------------------
Approved for City Council Agenda
G~~ T. ~ l '2.- ~ C\ ~ '\ 'l."
Robert T. Herrera Date
City Manager
-----------------------------------------------------------------
-----------------------------------------------------------------
e e
SUMMARY & RECOMMENDATION of NOVEMBER 16. 1992
Backaround
This past summer during fire inspections of different restaurants
in La Porte, the Fire Marshal and Assistant Fire Marshal began to
notice what appeared to be unsanitary conditions in several
restaurants. It was felt that the Harris County Health Department
was not performing their inspection process properly in La Porte.
During a meeting with the Harris County Health Department, we were
provided with a more accurate picture of their process and
enforcement procedures. From that meeting, we developed the
following solutions to the problem:
1. Due to their inability to be here more often than once a
quarter, the Fire Marshal will note violations when
making fire inspections and then notify the Health
Department of possible hazards. At that time they will
make special inspections.
2. There is a problem in enforcing the Health Ordinance. As
it is now, the only enforcement tool is revocation of a
permit. This requires the following procedure:
· Note problem and allow ten (10) days to resolve the
violation.
· Re-inspect and if that violation still exists, the
permit is suspended pending a hearing on the
permit. If the original problem is corrected but a
new one is found, the process begins again. Many
times this process can take 30 days or more to
clear up a possible health hazard. In order to
accomplish this, the Health Department requested La
Porte to authorize them to issue citations to
violators of the Health Ordinance. The citations
would be handled through the La Porte Municipal
Court, thereby returning the fees to La Porte as
well as offering fairly quick enforcement.
Recommendation
The staff recommends that Council approve Ordinance Amendment 1743-
A which will allow the issuance of citations by the Harris county
Health Department in La Porte.
e e
,
. ORDINANCE NO. 1743-A
AN ORDINANCE AMENDING ORDINANCE NO. 1743, "AN ORDINANCE OF THE
CITY OF LA PORTE, PROVIDING FOR THE SALE OF ONLY SOUND, PROPERLY
LABELED FOOD; ESTABLISHING SANITATION STANDARDS FOR FOOD
PROTECTION AND SERVICE; ADOPTING BY REFERENCE TEXAS DEPARTMENT OF
HEALTH 'RULES ON FOOD SERVICE SANITATION' AND THE 'RULES ON FOOD
SERVICE SANITATION FOR HARRIS COUNTY, TEXAS' ; REQUIRING PERMITS
FOR THE OPERATION OF FOOD ESTABLISHMENTS; DESIGNATING THE
DIRECTOR OF THE HARRIS COUNTY HEALTH DEPARTMENT AS THE HEALTH
AUTHORITY; REQUIRING FOOD SERVICE MANAGER CERTIFICATION IN FOOD
SANITATION; AND PROVIDING REMEDIES AND PENALTIES FOR VIOLATIONS
OF THE ORDINANCE."
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. section 1 of Ordinance No. 1743, passed and
approved on April 22, 1991, is amended, and shall hereafter read
as follows, to-wit:
"section 1. DESIGNATION OF HEALTH AUTHORITY
The city of La Porte designates the Director of the Harris
County Health Department as its health authority for the purpose
of food establishment surveillance for the public health
protection of its residents.
Harris County Health Department shall be responsible for
enforcement of the city's food permit ordinance and shall provide
a semi-annual report to the city's Health Officer which documents
violations of health ordinances, and food establishment
surveillance program activities within the city of La Porte.
The city of La Porte hereby grants to the Harris County
Health Department and its designated representatives, the
authority to issue citations, give notices, make inspections and
file charges arising out of any violation of this Ordinance."
section 2. section 4 of Ordinance 1743, passed and
approved on April 22, 1991, is amended, and shall hereafter read
as follows, to-wit:
e e
ORDINANCE NO. 1743-A Page 2
"Section 4. FOOD PERMITS
(A) Requirement - It shall be unlawful for any person to
operate a food establishment in the city, unless he possesses a
current and valid health permit issued by the Harris County
Health Department.
(B) Posting - A valid permit shall be posted in public view
in a conspicuous place at the food establishment for which it is
issued.
(C) Non-transference (Change of ownership) - Permits issued
under the provisions of this article are not transferable. Upon
change of ownership of a business the new business owner will be
required to meet current standards as defined in city ordinances
and state law before a permit will be issued.
(D) Denial of Permits - The Harris County Health Department
may deny a permit to operate a food service establishment, retail
food store, temporary food establishment, mobile food unit or
roadside food vendor if the holder of the permit does not comply
with these rules and regulations or if the operation of the
establishment otherwise constitutes a substantial hazard to
public health. The Harris County Health Department shall notify
any applicant in writing that a permit is being denied and shall
list the specific reasons for the denial. The applicant shall
have ten (10) days after receipt of the notice of denial to
request a hearing. The request must be in writing and must be
delivered to the Harris County Health Department within the ten
day period. A hearing must be held within seven (7) days of the
request.
(E) Suspension of Permits - The Harris County Health
.
e e
.
ORDINANCE NO. 1743-A Page 3
Department may, without warning, notice or hearing, suspend any
permit to operate a food establishment if the holder of the
permit does not comply with this ordinance and the rules herein
adopted, or if the operation of the establishment otherwise
constitutes a substantial hazard to public health. Suspension is
effective upon service of notice of suspension. When such notice
is given all food service operations shall cease immediately.
The notice must list specific violations of rules and regulations
and a period of time in which violations are to be corrected.
Failure to correct violations as listed on the notice shall be
grounds for further suspension or revocation of a permit. If a
permit is suspended the holder of the permit has ten (10) days
after receiving notice of such suspension to request a hearing.
The request must be in writing and be delivered to the Harris
County Health Department within the ten day period. A hearing
must be held within seven (7) days of the request. If no request
for hearing is made within the time period, suspension shall be
sustained. The Harris County Health Department may end the
suspension at any time if reasons for suspension no longer exist.
(F) Revocation of Permit - The Harris County Health
Department may, after providing opportunity for a hearing, revoke
a permit for serious or repeated violations of any of the
requirements of this ordinance and the rules herein adopted or
for interference with the Health Department or the City of La
Porte in the performance of their duties. Prior to revocation,
the Harris County Health Department shall notify the holder of
the permit, or the person in charge, in writing, of the reasons
for which the permit is subject to revocation and that the permit
e e
ORDINANCE NO. 1743-A Page 4
shall be revoked at the end of the ten (10) day period following
service of such notice unless a written request for a hearing is
filed with the Harris County Health Department within such ten
(10) day period. If no request for hearing is filed within the
ten (10) day period, the revocation of the permit shall become
final. If a request for hearing is timely made, a hearing must
be held within seven (7) days of the request.
(G) Hearings - The hearings provided for in these rules
shall be conducted by the Harris County Health Department at a
time and place designated by it. Based upon the recorded
evidence of such hearings, the Harris County Health Department
shall make a final finding, and shall sustain, modify or rescind
any notice or order considered in the hearing. A written report
of the hearing decision shall be furnished to the holder of the
permit, license, or certificate by the Harris County Health
Department.
(H) Application after Revocation - Whenever a revocation of
a permit has become final pursuant to the determination of the
Director of the Harris County Health Department, the holder of
the revoked permit may make written application for a new permit
to the Health Department.
(I) Permit Fees - A health permit fee as established by the
Commissioners Court in unincorporated areas of the county is
required annually for each food establishment. Fees are due and
payable on or before one (1) year from date of issuance of the
permit and are to be paid to the Harris County Health Department
at 2501 Dunstan, Houston, Texas."
e e
ORDINANCE NO. 1743-A Page 5
section 3. Any person who violates a provision of this
ordinance, upon conviction in the municipal court of the city of
La Porte, shall be subject to a fine not to exceed two hundred
dollars ($200.00) for each offense, and each and every day such
violation continues shall constitute a separate offense.
Section 4. Each and every provision, paragraph, sentence
and clause of this Ordinance has been separately considered and
passed by the city council of the city of La Porte, Texas, and
each said provision would have been separately passed without any
other provision, and if any provision hereof shall be
ineffective, invalid or unconstitutional, for any cause, it shall
not impair or affect the remaining portion, or any part thereof,
but the valid portion shall be in force just as if it had been
passed separately.
section 5. All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided, however, that such repeal shall be only to
the extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 6. 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
e e
ORDINANCE NO. 1743-A Page 6
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 7. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 15th day of December, 1992.
CITY OF LA PORTE
BY
Norman L. Malone
Mayor
ATTEST:
Cherie Black
city Secretary
A1i:x'a/
Knox W. Askins
city Attorney
.
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To: Members of City Council December 3, 1992
From: Norman Malone, Mayor
Please take a look at the enclosed picture of a "Model Monument"
that is under consideration to be constructed by Carey Gray, a
local sculptor in the city. This Monument recommendation is a
result of a number of meetings held by a sub-committee of the
Centennial Committee to help celebrate our 100th year. pictured
are members of this committee and the model which will be 19 feet
in height.
The anticipated total cost of the monument, to be constructed at
the corner of Fairmont Parkway and Park street, is $84,000.00 with
the majority of the funds to be raised by local citizens.
Please be thinking about this Monument and the attention it will
draw when the Hotel is built and the number of people that will
see the artistic work of a local citizen who has received world
recognition for his work.
In our 1992-93 Budget under Advertising we have budgeted
$10,000.00. Please consider approving $5,000.00 for the cities
effort in supporting this project at our next council meeting.
I
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,
:
I 77572 LS14
I I .... ~
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~ : 09/01/93 f
'\ ': -, " 1 , I I I I N.L. 1"'1 (..)LO !\i
P.O. BOX :::
LA PORTE,
. I ~ A Monument
For La Porte Lea]
, : Members of the City of La Porte
: Ctntennial Monument Commit-
: tee have been gathering frequent- A phosegne l
: Iy to put together plans to first plant on 16th
: raise the money and then build a Tuesday aftern(
. 'monument near the Depot that closure of Fairn
' , f
. sbmds near the entrance to Sylvan Highway 146 t(
: Beach Park. The monument, by var~ for .ut .
famous local artist Carey Gray, senous es
would celebrate the city's 100th
year. Gray has completed an Plant official
impressive model of the estimated Porte Police D
$84,000 structure, and committee p.m. Tuesday t
.' members are shown here during a pounds of the ga
. Monday session aimed at raising caused by a fn
:lUpds for the project. They are, closed off a pI
-left to right, Monte Blue, Chair- Parkway and al:
I . = liUln Ben Renfro, Sgt. Dennis Ken- the "all clear" \\
: : dall, Chester Poole, Lou Lawler, Chief Joe Sease
I : Cindy Bragg, Evelyn Kennedy, Officer She!
' ~Lyii Pfeiffer, Lamoin Scott, Mady escorting a crane
. Kades, Harry Hank, Alexine on 16th Street, aI
Strum, Roy Johnson and Susan r,hemical clou
Harper. .. ~.fllll!fe~ '" .__~.(..i""
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$%"i:=~.,$';;::tt>.:-,- 0>-,:;,.-:_.,. ,'-
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, ~_:*.t<:~:~~~~i':::;i<~:::;'::~' ::i~::?-:; - .",.
The SUD
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I ". .....:::::::;::::::::::::::::::.!::;~:::::;::::.;........
-<'
. VOLUME 49, NO. 96 WEDNESDAY, DECEMBER 2, 1992 471-1234 8 Pages 2S Cents
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REQUEST FOR CITY COUNCIL AGENDA ITEM
=================================================================
Agenda Date Requested: 12-14-92
Requested By: Chuck Harr ingtod#Department: Planning
X Report Resolution Ordinance
Exhibits: 1. Memo From Purchasing
2. Bid Tabulation
3. Bidder's List
=================================================================
SUMMARY & RECOMMENDATION
Summary: Advertised sealed Bids #0518 for demolition of
dangerous buildings were opened and read on November 30, 1992.
Bid requests were mailed to five ( 5 ) contractors, and only one
( 1 ) returned a bid. Daniel's Dump Truck was the only contractor
to bid. Mr. Daniel is a local contractor who has successfully
bid, been awarded, and completed sixty percent (60%) of the
demolition contracts the City has awarded in the past twelve ( 12 )
years. We feel the bid received is fair and it does fall within
budget for this project.
Recommendation: Staff recommends award of the demolition
contract to Daniels Dump Truck in the amount of eight thousand,
nine hundred dollars ($8,900.00)
Action Required by Council:
1. Approved bid from Daniels Dump Truck
2. Reject the bid and rebid the contract
----------------------------------------------------------------
----------------------------------------------------------------
Availability of Funds:
X General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: 900-902-606 Funds Available: L Yes -- No
Approved for City Council Agenda:
Q~ \\. ~ , 1.... - "\ ~ ~ "l...
Robert T. Herrera Date
City Manager
=================================================================
e e
RE#~
PLANNING
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
December I, 1992
TO: Charles Harrington, Director of Planning
FROM: Susan Kelley, Buyer
SUBJECT: Sealed Bid #0518 - Demolition of Buildings
Advertised, sealed bids #0518 for Demolition of Buildings were
opened and read on November 30, 1992. Bid requests were mailed to
five (5) suppliers with one (1) returning a bids.
I have attached a bid tabulation and a copy of the bid for
your review.
Please submit your recommendation with an agenda request form
by the prescribed time before the next regular council meeting. If
there is a need to delay bringing this bid before council, please
notify me.
SK/jm
e e
BIDDER'S LIST
SEALED BID #0518 - DEMOLITION OF BUILDINGS
HOUSTON DEMOLISHING DANIELS DUMP TRUCK
2522 LUFKIN LANE P. O. BOX 832
DEER. PARK, TX 77536 LA PORTE, TX 77572
BID REQUEST ENCLOSED BID REQUEST ENCLOSED
ARK WRECKING OLSHAN DEMOLISHING
P. O. BOX 459 P. O. BOX 1274
PEARLAND, TX 77588 HOUSTON, TX 77251
BID REQUEST ENCLOSED BID REQUEST ENCLOSED
ROBERT BRYANT
9618 CARLOW
LA PORTE, TX 77571
476-5016
BID REQUEST ENCLOSED
e e
BID TABULATION - DEMOLITION
DESCRIPTION DANIEL'S DUMP TRUCK
115-1/2 SOUTH 3RD STREET $600.00
11527 WEST MAIN STREET $4,500.00
9811 SHELLROCK $2,000.00
3242 HILLSDALE $1,800.00
TOTAL $8,900.00
e e
CITY OF LA PORTE
The foregoing prices shall include all labor, materials, equipment,
bailing, shoring, removal, overhead, profit, insurance, etc., to
cover the finished work of the several kinds called for.
Bidder understands that the Owner reserves the right to reject any
or all bids and to waive any informalities in the bidding.
The bidder agrees that this bid shall be good and may not be
wi thdrawn for a period of 30 calendar days after the scheduled
closing time for receiving bids.
Upon receipt of written notice of the acceptance of this bid,
bidder will execute a formal contract within ten (10) days.
Respectfully
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Busines I
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Address zip Code
(SEAL - if bid is by a Corporation)
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BID PROPOSAL
TO
CITY OF LA PORTE, TEXAS
TO: HONORABLE MAYOR AND COUNCIL FROM: COMP ' ui._/~.u~~
CITY OF LA PORTE ADDRESS ~,4J/~ 2/
CITY ~ fl-Jilr ~L..~
P.O. BOX 1115
LA PORTE, TEXAS 77572-1115 STATE ,- rJ;/,L&.J
COUNTY t!4:.A ,/./1 ~
PHONE ~7 1-/144<"
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.l'l'.t;M .u~,=,\...tt.L .t",r .L UN NU. Ul' UN.L'l" 'l"V1"AL
NO. UNITS PRICE PRICE
(, (J{}j 00
1. 115 1/2 SOUTH 3RD STREET 1
Lj.SOO/aJ
2. 11527 WEST MAIN STREET 1
3. 9811 SHELLROCK 1 J,4fJO,O'O
4. 3242 HILLSDALE 1 l,goolOO
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IT IS UNDERSTOOD AND AGREED THAT THE ABOVE DESCRIBED ITEM, MATERIAL AND/OR
EQUIPMENT SHALL CARRY THE STANDARD WARRANTY OF THE MANUFACTURER AND BE
DELIVERED ON SITE IN ACCORDANCE WITH 'n1~ ATTACHED SPECIFICATIONS IN _~n
DAYS.
THE UNDERSIGNED CERTIFIES THAT THE BID PRICE CONTAINED IN THE FOREGOING
PROPOSAL HAS BEEN CAREFULLY CHECKED ~ IS, SUBMITTED IN DUPLICATE AS CORRECT
AND FINAL THI 30 DAY OF-r;I1A~-tA4.LA) I 19fJdv 0/
(1J ,. f2. Ij#. - _.- ~ '\7)19:
.1AA./, ./17fV- /-r.-'" / 'u,:'~. /' /" I -
MPANY' - ~FBICER
.
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PLEASE LIST ALL TRUCKS AND EQUIPMENT TO BE USED ON THIS JOB
(.30 .~
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9?7 ~J;7 I
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~ST FOR CITY COUNCIL AGEN~ITEM
- - - - - - ~
Agenda Date Requested: December 14. 1992
Requested By: steve Gillett %M Department: Public Works
J
xxx Report Resolution Ordinance
Exhibits: 1. Bid Recap Sealed Bids #0451 - Vehicles
- ~
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0451 for the purchase of vehicles were opened and
read on November 30, 1992. Bid requests were mailed to eighteen (18) area
dealers with eight (8) returning bids on some or all of the items.
Low bid meeting specifications were submitted as follows:
Ron Craft Chevrolet: Items 1,5,6
TOTAL
ITEM DESCRIPTION NO. OF UNIT BID TOTAL BID BUDGETED
NO. OF UNIT UNITS PRICE PRICE AMOUNT
1 Inter. 4dr Sedan 1 11,138.40 11,138.40 14,600.00
5 1/2 Ton 4wd Pickup 1 10,711. 98 10,711.98 15,000.00
6 1/2 Ton Pickup-w/o AC 4 8,831.73 35,326.92 43,690.00
Knapp Chevrolet: Items 2 & 3
TOTAL
ITEM DESCRIPTION NO. OF UNIT BID TOTAL BID BUDGETED
NO. OF UNIT UNITS PRICE PRICE AMO......~...
2 Full Size Sedan
w/Police Pkg. 1 12,445.00 12,445.00 15,000.00
3 Police Patrol 6 12,532.00 75,192.00 92,125.00
Chuck Miller Ford: Item 4
TOTAL
ITEM DESCRIPTION NO. OF UNIT BID TOTAL BID BUDGETED
NO. OF UNIT UNITS PRICE PRICE AMO...:..~...
4 1/2 Ton pickup w/AC 5 9,138.69 45,693.45 61,720.00
Bailey Ford: Item 7
TOTAL
ITEM DESCRIPTION NO. OF UNIT BID TOTAL BID BUDGETED
NO. OF UNIT UNITS PRICE PRICE AMOUNT
7 1 Ton Crew Cab Truck 1 14,209.00 14,209.00 20,000.00
A decision was made by city Staff to wait until the State of Texas bid out
their vehicles before requesting bids on the City's vehicles. This allowed
the City to take advantage of Factory to Dealer incentives quoted to the
State. The city received the same incentives without buying through the
State contract. A total overall savings of $40,697.25 was realized over
prices of the bids received last year for comparable vehicles by using this
strategy.
Staff recommends award of bids for vehicles to the low bidder meeting
specifications on each item as listed above.
Action Required by Council:
Award bids for purchase of vehicles to low bidder meeting specifications
for each item as listed above.
. .-~ .
Availabili ty of Funds:--'
xxx General Fund XXX Water/Wastewater
Capital Improvement General Revenue Sharing
XXX Other MOTOR POOL REPLACEMENT FUND
Account Number: VARIOUS Funds Available: XX YES NO
Annroved-for Citv Council Aqenda -
AB/ n4 /2ho Jfj(
R~~ Herrera DATE ( (
C~ , nager
e e
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
DECEMBER 1, 1992
TO: Steve Gillett, Director of Public Works
FROM: Susan Kelley, BUYer~~
SUBJECT: Sealed Bid #0451 - Vehicles
Advertised, sealed bids #0451 for Vehicles were opened and
read on November 30, 1992. Bid request were mailed to eighteen
(18) vendors with eight (8) returning bids.
I have attached copies of the bids for your review.
Please submit your recommendation with an agenda request form
by the prescribed time before the next regular council meeting. If
there is a need to delay bringing this bid before council, please
notify me.
SK/jm
Attacl'unent: Bid Tabulation
Bid Copies
Bidder's List
xc: Buddy Jacobs
Rick Steward
e e
BID TABULATION - VEHICLES
RON CRAFT KNAPP BOB PAGAN LES MARKS CHUCK MILLER JACK ROACH BAYOU CITY
DESCRIPTION BAILEY FORD CHEVROLET CHEVROLET FORD CHEVROLET FORD FORD FORD TRUCK
1. Intermediate size $11,067.00 $11,138.40 $11,332.00 $11,729.00 $11,856.74 $12,118.52 $12,700.00 NO BID
4 door sedan (1)
2. Full size sedan NO BID NO BID $12,445.00 $13,023.00 $13,034.89 $13,437.00 $13,600.00 NO BID
wlpolice package (1)
3. Police patrol (6) NO BID NO BID $12,532.00 $13,056.00 $13,086.21 $13,735.17 $13,900.00 NO BID
4. 1/2 ton PIU $9,567.00 $9,579.57 $9,812.00 $9,490.00 $10,412.08 $9,138.69 $9,800.00 $9,744.40
with AIC & FM (5)
5. 1/2 ton PIU $11,607.00 $10,711. 98 $11,127.00 $11,722.00 $11,669.04 $12,659.09 $12,025.00 $12,056.80
w/4 wheel drive (1)
6. 1/2 ton PIU $8,886.00 $8,831.73 $9,061. 00 $8,841.00 $9,493.01 $9,097.31 $9,330.00 $9,169.55
without AIC & FM (4)
7. 1 ton crew cab (1) $14,209.00 $14,883.31 $15,022.00 $14,559.00 $15,657.41 $14,540.64 $14,950.00 $14,827.00
e( e(
BIDDER'S LIST
SEALED BID #0517 - VEHICLES
RON CRAFT CHEVROLET GULF FREEWAY PONTIAC - GMC
3401 NORTH MAIN 11205 GULF FREEWAY
BAYTOWN, TX 77521 HOUSTON, TX 77034
ATTN: MICHAEL ISHAM ATTN: DOUG FEIRNER
LES MARKS CHEVROLET BOB PAGAN FORD
P.O. BOX 1118 P.O. DRAWER 1310
LA PORTE, TX 77571 GALVESTON, TX 77553
ATTN: LARRY ZABOROWSKI ATTN: DAN REID
UNIVERSAL 'ORD JOE CAMP FORD
P.O. BOX 1547 621 HWY 146 SOUTH
CROSBY, TX 77532 LA PORTE, TX 77571
ATTN: TONY RICKMAN NICK COLADANGELO
JACK ROACH - FORD BAILEY FORD
2727 SOUTHWEST FREEWAY 4701 1-10 EAST
HOUSTON, TX 77098 BAYTOWN, TX 77521
ATTN: DON STEWART ATTN: DAN MARTINEZ
MORT HALL FORD CHARLIE THOMAS FORD
P.O. BOX 11069 P.O. BOX 266407
HOUSTON, TX 77293 HOUSTON, TX 77207
BID REQUEST ENCLOSED BID REQUEST ENCLOSED
COURTESY CHEVROLET GEO BAYOU CITY FORD
7777 KATY FREEWAY 3625 EASTEX FREEWAY
HOUSTON, TX 77024 HOUSTON, TX 77226
ATTN: ZELMA LEGENDER ATTN: ROBERT ANDERS
CHUCK MILLER FORD TRAMONTE CHEVROLET
16800 FEATHERCRAFT P.O. BOX 2130
HOUSTON, TX 77058 GALVESTON, TX 77553
ATTN: GERALD HASCHKE ATTN: PHIL MURRY
. ~
e' --
KNAPP CHEVROLET JACK ROACH FORD
P.O. BOX 4179 2727 SOUTHWEST FREEWAY
HOUSTON, TX 77210 HOUSTON, TX 77098
ATTN: AVERYT KNAPP ATTN: BEN CHUPP
CHARLIE THOMAS CHRYSLER RIVER OAKS CHRYSLER
12215 GULF FREEWAY 4807 KIRBY DRIVE
HOUSTON, TX 77034 HOUSTON, TX 77098
ATTN: DARYL COUNTS SEALED BID ENCLOSED
. .
e e
REQUESl:..FOR CITY COUNCIL AGENDA ..~~
Agenda Date Requested: December 14. 1992
Requested By: Louis Ri~bv cft,~ Department: ePrcha.sini
Report Resolu . on Ordinance
Exhibits:
Bid Tabulation
SUMMARY & RECOMMENDATION
Advertised, sealed bids for uniform rental and service were"'i'~..ed and read on November 30,
1992. Bid requests were mailed to ten (10) suppliers with four (4) returning bids.
Bidders were asked to submit firm pricing for two (2) years to furnish and service uniforms for
field personnel, rugs, towels, and aprons, with an option to renew for two (2) additional years.
Low bid was submitted by D & G Rental Service. Using estimated yearly quantities, the total
annual cost of the contract would be $37,622.
Each department is charged according to their usage and funds have been budgeted for this
expenditure.
Action Required by Council:
AI't-..u Ie awarding the uniform rental and service contract to D & G Textile Rental Service.
Availability of Funds:
General Fund WaterlWastewater
Capital Im}lJ.'v'/ement General Revenue Sharing
Other
Account Number: Various Funds Available: X Yes No
Aooroved for Citv Council AeenW\
QJ.~ Tl ~ \"l... '\ -~ 'L.
Robert T. H~u~ul. Date
City Manager
e e
BID TABULATION - UNIFORM RENTAL & SERVICE
DESCRIPTION D & G TEXTILE ARATEK SERVICES UNITOG SIRS UNIFORM UNIFIRST
1. Winter Jackets (as needed) $23.00 $24.95 NO BID $32.00 NO BID
2. Regular Uniforms (84) $4.75 $4.45 $4,55 $6.25 NO BID
3. Cotton Uniforms (21) $6.50 $7.90 $8.15 $8.75 NO BID
4. Superintendent Uniforms (7 $6.50 $7.25 $7.15 $9.25 NO BID
5. Rugs
3' x 4' (10) $1. 75 $2.00 $1.80 $3.00 NO BID
3' x 5' (2) $1.75 $2.00 $1.80 $3.00 NO BID
3' x 10' (4) $3.75 $3.50 $4.50 $6.00 NO BID
4' x 6' ( 13 ) $2.75 $3.20 $3.50 $5.00 NO BID
6. Shop Towel (550) $0.05 $0.06 $0.05 $0.07 NO BID
7. Hand Towel (50) $0.10 $0.12 $0,11 $0.15 NO BID
8. Bath Towel (50) $0.35 $0.45 $0.30 $0.75 NO BID
9. Apron (50) $0.25 $0.25 $0.21 $0.50 NO BID
10. Shop Apron (10) $0.30 $0.45 $0.55 $0.75 NO BID
11. Dust Mop Heads (7) $0.75 $0.75 $1.15 $1.50 NO BID
TOTAL PER WEEK $723.50 $753.80 $760.55 $1,025.00 NO BID
. .
e .
BIDDER'S LIST
SEALED BID #0509 - UNIFORM RENTAL & SERVICE
TRIPLE D UNIFORM RENTAL G & K SERVICES, INC.
1216 HOUSTON AVENUE 8404 LAWNDALE AVENUE
Houston, TX 77007 HOUSTON, TX 77012
224-1216 928-6567
ATTN: ' DOUG McCULLONGH ATTN: JEFFREY WESNER
UNITOG RENTAL SERVICE CINTAS
1234 N. POST OAK, STE. 150 P. O. BOX 15126
Houston, TX 77053 HOUSTON, TX 77220
ATTN: BARRY KELLY ATTN: BOB HINGSON
RUS ARATEX SERVICES, INC.
P. O. BOX 1296 10110 CASH ROAD
CONROE, TX 77305 STAFFORD, TX 77469
ATTN: RAY HYDEN ATTN: RICK ELDRED
TEXAS INDUSTRIAL SERVICES ADMIRAL UNIFORM SERVICE
2420 LOUISIANA 2030 KIPLING
HOUSTON, TX 77006 HOUSTON, TX 77098
524-2191 529-2608
BID REQUEST ENCLOSED ATTN: BARBARA MITCHELL
D & G TEXTILE RENTAL SERVICE SIRS UNIFORMS
15816 LORENZO 7141 LAWNDALE AVE
CHANNELVIEW, TX 77530 HOUSTON, TX 77023
452-4146 923-6625
ATTN: ED VERCHER ATTN: ALAN LAMBERCHT
864-3676
e e
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
TO: Mayor and City Council
FROM: Robert T. Herrera, City Mana~
DATE: December 2, 19~2
SUBJECT: Assistance to Harris County Precinct #2
Tornado Cleanup
On Monday, November 30, 1992, the City was contacted by Precinct #2 and asked
if we could spare any equipment to assistant in the clean up of the debris left by the
tornados which occurred November 21, 1992.
The City was able to offer them a Cherry Picker and operator for approximately one
week. Harris County is responsible for gas, oil and normal maintenance of this
equipment. Our operator will stay with the Cherry Picker at all times during working
hours and the work will be limited to the Channelvlew area of Precinct #2.
We are glad we were able to offer assistance as I recall other governmental entities
which came to our assistance after Hurricane Alicia.