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HomeMy WebLinkAbout1993-01-11 Regular MeetingMINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JANUARY 11, 1993 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell, Jerry Clarke Members of City Council Absent: None Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Human Resources/Purchasing Manager Louis Rigby; Director of Public Works Steve Gillett, Director of Parks and Recreation Stan Sherwood, City Engineer Fred Thompson, Recreation Superintendent Tim O'Connor, Finance Director Jeff Litchfield, Finance Officer Linda Stubbs, Lt. Carl Crisp, Lt. Aaron Corrales, Buyer Susan Kelley Others Present: Lou Lawler; members of Finance Department Sukki Choi and Shirley Mosely; John Black, Bayshore Sun; 14 citizens 2. The invocation was given by Councilperson McLaughlin. 3. Council considered approving minutes of the regular meeting and citizens participation meeting held December 14, 1992. Councilperson Thrower pointed out that on item 9, the motion had been made by Councilperson Maxwell, rather than himself. otion was made by CouncilpersonMcLaumhlin to approve t December 14 minutes as corrected. 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 The Mayor asked that item 4 be deferred for a few minutes and addressed item 5. 5. City Manager Herrera made a special presentation to the Finance Department in honor of their receiving a plaque for a certificate of achievement for excellence in financial reporting. This is a significant achievement for the Finance Department, and this is the loth consecutive year that the Finance Department has received this particular certificate. Finance Director Jeff Litchfield accepted the plaque for the Minutes, Regular Meeting, La Porte City Council January 11, 1993, Page 2 Department, and introduced the personnel who were in attendance: Linda Stubbs, Shirley Mosely and Sukki Choi. 6. Mr. Doyle Westergren addressed Council regarding the development of plans for a hotel -convention center. He asked questions regarding this subject, and when he had concluded, City Manager Herrera noted that he would hope to answer them when he addressed Council on item 12. 7. Council considered an ordinance amending Ordinance 1829, establishing rates for use of the La Porte Recreation and Fitness Center. Director of Parks and Recreation Stan Sherwood reported that the ordinance does not increase any rates; the amendments address clarifying intents and reducing verbiage. The City Attorney read: ORDINANCE 1829-A - AN ORDINANCE ESTABLISHING THE RATES FOR THE USE OF THE LA PORTE RECREATION AND FITNESS CENTER Motion was made by Councilperson Maxwell to adopt Ordinance 1829-A as read by the City Attorney. Second by Councilperson Clarke. 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, Mayor Malone asked that Lou Lawler approach the Council table. Item 4 was then addressed. 4. The Mayor presented Lou Lawler with a proclamation naming January 11, 1993, as Lou Lawler Day in the City of La Porte, in honor of her many contributions to the community. Mrs. Lawler expressed her thanks to all those who have helped her in her endeavors, especially her family. 8. Council considered an ordinance approving and authorizing a lease for fixed base operations for City of La Porte Municipal Airport between the City of La Porte and Gulf Central Aviation, Inc. This ordinance had been tabled by Councilperson Maxwell at the December 14 meeting. Councilperson Maxwell requested that this item be brought back to the Council table. Minutes, Regular Meeting, La Porte City Council January 11, 1993, Page 3 The City Attorney read: ORDINANCE 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. otion was made by Councilperson Sutherland to adopt Ordinanc 1877 as read by the City Attorney. Second by Councilperson Clarke. 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 contract between the City of La Porte and Ray & Hollington, Architects, for renovations to the City jail; and appropriating funds for said contract. The City Attorney read: ORDINANCE 93-1880 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND RAY & HOLLINGTON, ARCHITECTS, FOR RENOVATIONS TO THE CITY JAIL; APPROPRIATING $8,000.00 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. Motion was made by Councilperson Maxwell to adopt Ordinance 93-1880 as read by the City Attorney. 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 10. Council considered an ordinance approving and authorizing a contingency of $9,096..00 on the contract between the City of La Porte and Uretek, USA, Inc., to rehabilitate West Coupland Drive. Motion was made by Councilperson Gay to approve and authorize the contingency of $9.096.00 on the Uretek contract. Second by Councilperson Cooper. 9 • Minutes, Regular Meeting, La Porte City Council January 11, 1993, Page 4 The City Attorney read: ORDINANCE 93-1881 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTINGENCY APPROPRIATION OF $9, 096.00 ON THE CONTRACT BETWEEN THE CITY OF LA PORTE AND URETEK USA, INC., TO REHABILITATE WEST COUPLAND DRIVE; APPROPRIATING $9,096.00 TO FUND SAID CONTINGENCY CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. The vote was taken and the motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 11. Council considered an ordinance approving and authorizing a contract between the City of La Porte and Manning Engineering Corporation for evaluation and design of Lift Station 30 improvements. Motion was made by Councilperson Thrower to approve and authorize the contract with Manning Engineering Corporation. Second by Councilperson Sutherland. The City Attorney read: ORDINANCE 93-1882 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND MANNING ENGINEERING CORPORATION, FOR PLANS AND SPECIFICATIONS FOR THE LIFT STATION 30 PROJECT; APPROPRIATING $12,300.00 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. 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 authorizing an agreement with Sunbelt Hotels, Inc., for development of preliminary plans for a hotel -convention center within the City of La Porte. At this time, the City Manager reviewed the procedures to be done by Sunbelt Hotels with the passage of the ordinance, and addressed the questions raised earlier by Mr. Westergren. Minutes, Regular Meeting, La Porte City Council January 11, 1993, Page 5 The City Attorney read: ORDINANCE 93-1883 - AN ORDINANCE AUTHORIZING AN AGREEMENT WITH SUNBELT HOTELS, INC., FOR DEVELOPMENT OF PRELIMINARY PLANS FOR A HOTEL -CONVENTION CENTER WITHIN THE CITY OF LA PORTE; PROVIDING FOR AN APPROPRIATION OF $12,500.00 FROM THE HOTEL -MOTEL TAX FUND; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Porter to authorize the agreement with Sunbelt Hotels. Inc. Second by Councilperson Gay. 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 awarding a bid for athletic field fencing. Motion was made by Councilperson Maxwell to award the bid for athletic field fencing to Withers Fence. in the amount of $20.189.00. 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 14. Administrative Reports A. The City Manager reported that an H-GAC grant in the amount of $14,305.50 had been approved for the purchase of six additional used oil collection containers to enhance our current waste oil program. B. Mr. Herrera thanked Council for a most interesting 1992; a lot of things were accomplished and he looks forward to an even greater 1993. 15. Council Action: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone brought items to Council's attention. 16. There was no executive session necessary, as the item Mr. Herrera wished to address was done so during the meeting. 17. There being no further business to come before the Council, the meeting was duly adjourned at 7:40 P.M. Minutes, Regular Meeting, La Porte City Council January 11, 1993, Page 6 Respectfully submitted: ytz� Cherie Black, City Secretary Passed & Approved, this the 25th day of January, 1993 N an L. Malone, Mayor Office of the Mayor x Lou Lawler has given her time, talent, energy and enthusiasm to this community and its citizens for many years; and WHEREAS, Lou has served or is currently serving on committees and boards too numerous to mention, but which range from Crime Stoppers to Girl Scouts and Boy Scouts and everything in between, including being awarded a special Medal of Honor from the Vatican in Rome at the Apostleship of the Sea World Conference held in Houston in September 1992; and WHEREAS, Lou and husband John "lack" Lawler have been married for 46 years, and are parents of two children, Patsy Frey and Hal Lawler; and grandparents of four - Todd Soloman and Jeremy Frey and Katy and John Lawler; and WHEREAS, Lou has always put family first and community service next, and has done so with grace and skill; and WHEREAS, Lou is a loving Mother and a terrific Grandparent, a loyal and kind friend to all who know her, and is a great asset to this community. NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City of La Porte, do hereby proclaim January 11, 1993, as LOU LAWLER DAY in the City of La Porte, to honor her for her many outstanding contributions. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed hereto, this the 11th day of January, 1993. CITY OF LA PORTE Norman L. Malone, Mayor 0 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 11. 1993 Requested By: Stan Sherwood Department: Parks & Rec. Report Resolution XX Ordinance Exhibits: A. Ordinance #1829 Approved: March 23, 1992 B. Amended Ordinance #1829-A SUMMARY & RECOMMENDATION Upon the conclusion of the first quarter of operations at La Porte's Recreation and Fitness Center, staff has reviewed the current rate ordinance and recommends the following amendments: 1. Section I.B. La Porte Commercial To include definition for La Porte Industrial. 2. Section I. Membershio Information Amended to read "one-time" $10.00 sign-up fee if membership is renewed within sixty (60) days of expiration date. 3. Section II. Membership Fees Deleted #6-Aerobics on original ordinance as to not restrict programming to $20.00/eight week sessions. 4. Section II. Membership Fees - Item #6 (Plan F) Amended this item in order to clarify the intent, and to include non- resident usage fees. 5. Section II. Membership Fees - Item #7 (Plan G1 Amended this item in order to clarify the intent. 6. Section II. Membership Fees - Items A,B.C.D. & E Condensed these membership plan definitions to simplify intent and reduce verbiage. Item E was amended to include membership fees for La Porte Industrial Classification. 7. Section II. Definition of Family Revised this definition to be consistent with other municipal ordinances and the Internal Revenue Service definition. 8. Section III. Promotional Flexibility This is a new section that provides staff the opportunity to develop and implement special membership and renewal promotions. • Page Two Request for City Council Agenda Item Agenda Date - January 11, 1993 Proposed Amendment to Ordinance 1829-A 9. As a result of the new Section III "Promotional Flexibility" we made the original Section III/Section IV with no changes, and the original Section IV/Section V with no changes. Action Required by Council: To pass and approved Ordinance Amendment 1829-A for La Porte's Recreation and Fitness Center establishing rates for usage. Availability of Funds: N/A General Fund Capital Improvement Other Account Number: N/A Approved for City Council Agenda Water/Wastewater General Revenue Sharing Funds Available: _ YES _ NO 6�)0t4A T• A 6�nt - 1--I - q 3 Robert T. Herrera Date City Manager d&NANCE NO. 1829-A AN ORDINANCE ESTABLISHING THE RATES FOR THE USE OF THE LA PORTE RECREATION AND FITNESS CENTER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE. Section I. Admission to the La Porte Recreation and Fitness Center may be obtained by purchase of a membership or by paying a general admission fee. A. Memberships for the La Porte Recreation and Fitness Center may be purchased at the Parks and Recreation Office. A member of the family must apply in person for the membership. PROOF OF RESIDENCY: For purchase of resident memberships, residents must present current water and sewer bill, rental receipt or tax statement with valid Texas Drivers License. (Drivers License not acceptable proof by itself) . B. LA PORTE COMMERCIAL: Is defined as employees and owners whose workplace is a business or corporation physically located within the corporate City Limits of the City of La Porte, where taxes on the property owned or leased, are paid at loot valuation. Fees established for memberships are as follows: MEMBERSHIP INFORMATION: Section II. MEMBERSHIP FEES 1) PLAN A - FACILITY USE MEMBERSHIP 2) PLAN B - FACILITY USE PLUS RACQUETBALL/HANDBALL MEMBERSHIP 3) PLAN C - FACILITY USE PLUS SWIMMING POOL MEMBERSHIP 4) PLAN D - FACILITY USE, RACQUETBALL/HANDBALL AND SWIMMING POOL MEMBERSHIP 5) PLAN E - COMMERCIAL MEMBERSHIP 6) PLAN F - SWIM AND HANDBALL/RACQUETBALL PER DAY/HOUR USAGE FEES 7) PLAN G - GUEST FEES A. Facility Use Membership - Plan A Plan A Membership entitles holder to the use of all facility amenities except the swimming pool and racquetball/handball courts. • Reside* Non -Resident 1. Daily $ 7.50 $ 15.00 2. Individual Annual $ 60.00 $120.00 3. Individual Quarterly $ 25.00 $ 50.00 4. *Annual Family $140.00 $280.00 5. *Quarterly Family $ 45.00 $ 90.00 6. Senior Citizens (60 & over) 1/2 price %4•}':•:$}":}:iii}:: iii ii::Sii::?i: n}:ti:?ti:::Y:i::i:•::$: '::::.'::i':i:ti.?::::: .v.},ii::'ti:�.+/.�:i)i:":}':}; "yti':?:?i:;k�l::::.`•%i�::?ii: �':{::i2�"::.: • A: .. \.::n •?r :: :.y\:• t� .j��,�y {{�� "�ifF,.:: iy. }'�� :::.;}: ';:x:%} ?: }�.�{y��yy.�: }{�::;�•+�r:R:;:,<}::r `�+�� ?:x':'}'lj:}.iii:�ilaRF 'tR:'' •.N.k{yTif.�'MY:.:�:•:4..Y4�i�:i::::;:?::MSRi��:�'1FJYRY�:•:.. �•��iis;::ti��::::}iii'S1�41M?Ri.:i.\: is .; W;�}•....v ..�lR x:;ac" 'i• R3ei?;,:.•r•.Ki'?.:..{:;•x."k:','.•'•$;r:3:h•;:R�"C:'??` :•a.? •.. {GA:?:ti:.#w<n,+w,,v 'yi•.x::{;4u•.:.;.C�>h4:.•.::.w•:r+,:>:.::;:?:.,.::::;.:::.':.?;f:;:i{7 u•:;t'• .ti }':',`.•.'} ;>....•:}r�:..... },r. ..:. v :.7.;..4.; ..y..: :...... .. ..,}'�{. r.�4o-�.'y:} ;... >.:... .}:} .,: ::3::: ; :}'h::..: fi:: � .. ':�?..i}: i.4'S:a���S�I`F•:��`•`vf''rli'i:•}}�b:4}}}}:?•}.1'•:�'{}:•},{•::•}:•:S}:::::?vv::r�{•r}iSi.'{.:}r"'l.:J:::�v}:rrr.v:.•.v:n}}Yi?w}:v::;:i?iiiiisiivSi:?xv::}::i..}}:?4::::::}:.•:•.w:::.v.:<i: "}: r:•:•Ir::: r. B. Facility Use Plus Racquetball/Handball Membership - Plan B Plan B Membership entitles holder to the use of all facility amenities except the swimming pool. Resident Non -Resident 1. Daily $ 10.50 $ 21.00 2. Individual Annual $120.00 $240.00 3. Individual Quarterly $ 40.00 $ 80.00 4. *Family Annual $200.00 $400.00 5. *Family Quarterly $ 60.00 $120.00 6. Senior Citizens (60 & Over) 1/2 Price C. Facility Use Plus Swimming Pool Membership - Plan C Plan C Membership entitles holder to the use of all facility amenities except the racquetball/handball courts. 1. Daily 2. Individual Annual 3. Individual Quarterly 4. *Family Annual 5. *Family Quarterly 6. Senior Citizens (60 & Over) Resident Non -Resident $ 8.50 $ 17.00 $ 90.00 $180.00 $ 35.00 $ 70.00 $185.00 $370.00 $ 60.00 $120.00 1/2 Price D. Facility ae, RacquetballjHandball ad swimming Pool Membership - Plan D Plan D Membership entitles holder to the use of all facility amenities. Resident Non -Resident 1. Daily $ 11.50 $ 23.00 2. Individual Annual $150.00 $300.00 3. Individual Quarterly $ 45.00 $ 90.00 4. *Family Annual $230.00 $460.00 5. *Family Quarterly $ 70.00 $140.00 6. Senior Citizens (60 & Over) 1/2 Price *Two adults and children 18 and under or full time college student/students living at home to the age of 24. E. Commercial Membership - Plan E Plan E Membership entitles holder to the use of all facility amenities. 1. Individual $135.00 ...... 50, $270.00 Annual Plan D - ( 10100 >:>: 10 Off Discount 10 $ Disc Discount <� `tit >. :><:>:::><:<>:<:>::»<:>A �.�..:..:: Li....:... Non-Residen t 2. Individual $ $ 8., ' .... $ 255. 00 a Annu 1 Plan D 101 and over ( ) 15$ "7`$°s«>> 15 Off $ 15% Discount ' scount Di >:: ..............:<: »13scr' - es'dent Non R 1 * Resident employees of a Non -La Porte Commercial entity may purchase a resident membership independently, and be counted as one of that entities enrollment. F. Daily swimming Pool usage Fees & Hourly Racquetball/Handball Usage Fees. This option is only available to current members who hold a Plan A, B, or C membership. Resident oe'de 1. Daily Swim Pass: Individual $1.00 ?>? Family $1.50 ................ 2. Hourly Racquetball/ Handball Pass: $3.003s 3. Senior Citizens (60 & Over) 1/2 Price G. Guest Fa - Plan G • Any La Porte Recreation/Fitness Center member is allowed up to three (3) guests per visit. Members assume responsibility for their guests and must participate together in racquetball/handball activities. 1. There will be a $3.00 per day per guest Facility Use Fee. 2. There will be a $1.00 per guest charge for the swimming pool. 3. An additional $3.00 charge per hour/per court for racquetball/handball will be levied to each guest participating. When guest is participating with a Plan B or Plan D member, the fee will be waived. (RESERVATIONS ONLY) 4. Senior Citizens (60 & Over) 1/2 price Section IV. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section V. This ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED, this the ATTEST: Cherie Black City Secretary APPROVED: Knox W. Askins City Attorney day of CITY OF LA PORTE BY: Norman L. Malone, Mayor E/ 0 RE&ST FOR CITY COUNCIL AGENLOITEM Agenda Date Requested: January 11. 1993 Requested By: S. Gi Lett Department: Public Works Report Resolution XXXX Ordinance Exhibits: Ordinance No. 1877 Corporate Resolution Authorizing Lease Agreement Lease Agreement 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, in the form of first right of refusal, to lease an additional 2.057 acres for ten (10) years, 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. The terms and conditions of the proposed lease are the same as those contained in previous leases with Bayport Aviation and Cliff Hyde Flying Service. 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. 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 Capital Improvement Other Account Number: Water/Wastewater General Revenue Sharing Funds Available: YES NO Approved for City Council Agenda Q T, 14�l -`1 - 013 Robert T. Herrera DATE City Manager 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. ORDINANCE NO. 1877 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: Knox W. As ins City Attorney • 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, 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." W I T N E S S E T H: WHEREAS, the Lessor controls and operates an airport known as La Porte Municipal Airport, 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 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, 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 for the year 1991 is 139.5, resulting in an 2 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 monthly, 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 any one or more of the terms, conditions or covenants of this Agreement and Lease or as the result of any 3 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, 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, 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 the 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 promulgated by the Lessor, the United States of America or by any department or agency thereof, the State of Texas and the City of La Porte. 5. 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 exterior 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, animated or intermittent illuminated type signs 0 • • 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, 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, 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, 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. 5 • E 8. It is understood and agreed that Agreement will not be exercised in such or adversely affect the use, operation, of the Airport. the rights granted by this a way as to interfere with maintenance or development 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 "T-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 0 • 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, at its own expense, 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 such 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 7 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, 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, 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 for 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, 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 8 0 • 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 Passenger Legal Liability Or alternatively a single limit liability and property damage) of ($1,000,000) which may include Dollars ($100,000) each person. Five Hundred Thousand Dollars ($500,000) each accident One Hundred Thousand Dollars ($100,000) each passenger seat legal liability policy (public not less than One Million Dollars L limit of One Hundred Thousand COMPREHENSIVE PUBLIC LIABILITY AND COMPREHENSIVE PROPERTY DAMAGE Bodily Injury One Hundred Thousand Dollars ($100,000) each person One Million Dollars ($1,000,000) each accident Property Damage Or alternatively a single limit liability and property damage) of ($1,000,000) which may include Dollars ($100,000) each person. Five Hundred Thousand Dollars ($500,000) each accident legal liability policy (public not less than One Million Dollars i limit of One Hundred Thousand 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, officer, agents, 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's Compensation Insurance in accordance with • 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 may or might arise by reason of any repairs, alterations, additions, or improvements made by the Lessee in, on or to the Leased Premises. ARTICLE VIII - TERMINATION OF LESSEE 1. In addition to all other remedies available to the Lessee, this Agreement and Lease shall be subject to cancellation by the Lessee should any one or more of the following events occur: A. The permanent abandonment of the Airport. B. The issuance by any court any injunction preventing Airport in such manner as Lessee from conducting its remaining in force of such (60) days. of competent jurisdiction of or restraining the use of the to substantially restrict the fixed base operation, and the injunction for at least sixty C. The breach by the Lessor of any of the terms, covenants, or conditions of this Agreement and Lease to be kept, 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 LESSOR 1. In addition to all other remedies available to the Lessor, this Agreement and Lease shall be subject to cancellation by the Lessor should any one 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 10 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, 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, 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 any one 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, 11 • V 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 SUBLETTING 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, 12 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 REQUIREMENTS 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, 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 13 • 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 activities 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 benefits 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. ARTICLE XVII - OPTION TRACT 1. Lessor grants to Lessee, an option, in the form of a right of first refusal upon thirty (30) days written notice from Lessor to Lessee, whereby Lessee may lease from City, the hereinafter described Option Tract. Lessee shall pay to Lessor, as additional rental, in the event Lessee exercises its option to lease said Option Tract, an annual rental as calculated under the terms and provisions of this lease, for the balance of the term of the lease. Lessor shall give Lessee thirty (30) days written notice of any offer by a third party to lease such Option Tract, in which case Lessee hereunder may either accept the option to lease all of said Option Tract by giving written notice to the City of its desire to do so, or, in the absence of such written notice, upon Lessee's refusal to lease said Option Tract, City shall be free to lease same to said other third party. In the event Lessee accepts and exercises its option hereunder, the term of the lease for said Option Tract shall extend for the full remaining term of the primary lease hereunder. This option shall continue in force to December 31, 2002. 14 0 • IN WITNESS WHEREOF, the parties have caused these presents to be signed by their duly authorized representatives. ATTEST: Cherie Black, City Secretary APPROVED: Knox W. Askins, City Attorney ATTEST: Sylvia L. Miller Secretary 15 BY: BY: Lessor: CITY OF LA PORTE Norman Malone, Mayor Lessee: GULF CENTRAL AVIATION, INC. Thomas F. Helenberg President TRACT ONE• 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 for reference at a 1/2" 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, S890331E, 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, N52°54148"E, a distance of 129.82 feet to a point for the Northeast corner of this tract; THENCE, S37°0511211E, 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, S52°54148"W, parallel to and 300 feet Northwesterly of the center line of said Southwest -Northeast Runway, a distance of 287.581 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, N52°54-48"E, a distance of 208.72 feet to a point for corner; THENCE, S37°05112"E, a distance of 208.72 feet to a point for Exhibit "A" Page 1 of 4 0 • corner; THENCE, S52°5414811W, a distance of 208.72 feet to a point for corner; said point being the Southeast corner of Tract No. 1; THENCE, N37°0511211W, 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, Harris County, Texas, 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, S89°331E, 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, a distance of 714.11 feet to a point for corner, said point being the Northwest corner of Lease Tract No. 1; THENCE, N52°54148"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, S37°0511211E, 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, N52°54148"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, N37°0511211W, a distance of 208.72 feet to a point for corner; THENCE, S52°5414811W, a distance of 208.72 feet to the POINT OF BEGINNING. Exhibit "A" Page 2 of 4 • i TRACT FOUR• Being a 0.6065 acre (26,418 sq. ft.) tract (Tract 4) comprising part of that certain City of La Porte 300.14 acre municipal Airport tract (Vol. 1614, Pg. 190, Harris County Deed Records), W. M. Jones Survey, A-482, Harris County, Texas. All coordinates and bearings are referred to the Texas Coordinate System of 1983, South Central Zone, as defined in the Texas Natural Resource Code, Section 21.071, et seq., and are based on the position of "La Porte 1952", having published coordinates of N 4,209,400.770 and E 980,752.809 meters, and N 13,810,342.36 and E 3,217,886.51 U..S. Survey Foot; and having a scale factor of 0.9998798.. The 0.6065 acre tract as surveyed by H. Carlos Smith, Engineers & Surveyors, Inc. on November 25th thru December 1st, 1992, is more particularly described by metes and bounds as follows; COMMENCING at the Southwest corner of said 300.14 acre La Porte airport tract, having coordinates of N 13,810,198.10 and E 3,216,126.75. Thence N 86 degrees 56 minutes 22 seconds E; coincident with the North right-of-way line of West Main Street (Spencer Highway) (100' ROW); a distance of 100.01 feet to a point for corner. Thence N 03 degrees 30 minutes 38 seconds W; passing at 452.47 feet the Southwest corner of Tract 1 of the existing Gulf Central Aviation, Inc. Lease Tract; for a total distance of 714.11 feet to a 5/8 inch iron rod set for the Northwest corner of said Tract 1, the POINT OF BEGINNING of this 0.6065 acre tract 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 feet to a 5/8 inch iron rod set for the Northwest corner of this 0.6065 acre tract. Thence N 49 degrees 24 minutes 10 seconds E a distance of 509.46 feet to a 6/8 inch iron rod set for the Northeast corner of this 0.6065 acre tract. Thence S 40 degrees 35 minutes 50 seconds E a distance of 50.00 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 W; coincident with the North line of the existing Gulf Central Aviation, Inc. Lease Tracts 1, 2, and 3; a distance of 547.26 feet to the POINT OF BEGINNING. Exhibit "A" Page 3 of 4 0 • OPTION TRACT: Being a 2.057 acre (89,616 sq. ft.) tract (Option Tract 5) comprising part of that certain City of La Porte 300.14 acre municipal Airport tract (Vol. 1614, Pg. 190, Harris County Deed Records), W. M. Jones Survey, A-482, Harris County, Texas. All coordinates and bearings are referred to the Texas Coordinate System of 1983, South Central Zone, as defined in the Texas Natural Resource Code, Section 21.071, et seq., and are based on the position of "La Porte 1952", having 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 factor of 0.9998798. The 2.057 acre tract is more particularly described by metes and bounds as follows; COMMENCING at the Southwest corner of said 300.14 acre La Porte airport tract, having coordinates of N 13,810,198.10 and E 3,216,126.75. Thence N 86 degrees 56 minutes 22 seconds E; coincident with the North right-of-way line of West Main Street (Spencer Highway) (100' ROW); a distance of 100.01 feet to a point for corner. Thence N 03 degrees 30 minutes 38 seconds W; passing at 452.47 feet the Southwest corner of Tract 1 of the existing Gulf Central Aviation, Inc. Lease Tract; passing at 714.11 feet a 5/8 inch iron rod set for the Northwest corner of said Tract 1 and the Southwest corner of a 0.6065 acre tract (Tract 4); for a total distance of 776.79 feet to a 5/8 inch iron rod set for the Northwest corner of said Tract 4, and the POINT OF BEGINNING of this 2.057 acre tract and having coordinates of N 13,810,978.67 and E 3,216,179.04. Thence N 03 degrees 30 minutes 38 seconds W a distance of 260.74 feet to the Northwest corner of this 2.057 acre tract. Thence N 49 degrees 24 minutes 10 seconds E a distance of 352.23 feet to the Northeast corner of this 2.057 acre tract. Thence S 40 degrees 35 minutes 60 seconds E a distance of 208.00 feet to a 5/8 inch iron rod set for the Northeast corner of said 0.6065 acre tract and the Southeast corner of this 2.067 acre tract. Thence S 49 degrees 24 minutes 10 seconds W; parallel with and 50 feet North of the North line of the existing Gulf Central Aviation, Inc. Lease Tracts 1, 2, and 3; a distance of 509.46 feet to the POINT OF BEGINNING. Exhibit "A" Page 4 of 4 ti 000 352• x \ r S 40036150wE - $0.001 0 COD do c'� ?' / GATE ,�Q�PG ad 1 SCALE i °= 100 ' O o DENOTES 5/6u1.R.: OQ � `26 + lip6 aq ti q° rya 6p6� ` lb c•( to U N a 4 Z at \0 � PO. . TRACT Pc• N 3 30'34*W- W-68:.' ��Pc \pC1 + P.O.B. P j N13,810,916.12 PV O$'lZ OF E 3,216,182.88 2 ` Pc \ c�� • �� `fit 4'�♦ �' KEVINKEVIN A. OLSON G � 45244 .10 suit P N i 3 ALL COORDINATES AND BEARINGS ARE REFERRED TO THE TEXAS COORDINATE SYSTEM OF 2 1983, SOUTH CENTRAL ZONE, AS DEFINED IN THE TEXAS NATURAL RESOURCE SPODE, SEC z21.071, at seq. , AND ARE BASED ON THE POSITION OF "LA PORTE 1952 ° , HAVING 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 0.9998796. y I N 86056'22E PO C•; 100.01 — t S.W. CDR 300.w Ae. LAPORTE PROPOSED GULF CENTRAL AVIATION LEASE TRACT MUNICIPAL AIRPORT ' N 13,010,196.10 WEST MAIN STREET (SPENCER HW e. f E 3,216,126.75 ( too R.O. W. I PREPARED FOR: CITY OF LAPORTE PREPARED BY : H. CARLOS SMITH , E 4 S, INC. DATE: DEC. It 1992 JOB NO. 2759 - 92 0 0 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 Airport, with the City of La Porte, Lessor, and Gulf Central Aviation, Inc., Lessee. "RESOLVED FURTHER, that the President be authorized to execute said lease on behalf of the corporation." Dated December 7 , 1992 DIRECTORS: C 7� REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 11, 1993 Requested By: Charles Harrington, Department: Planning Report Resolution XXXX Ordinance Exhibits: 1. Ordinance 93-1830 SUMMARY & RECOMMENDATION Background As a part of the FY 1993 Capital Improvement Budget, City Council authorized the expenditure of $ 100,000 for improvements to the Municipal Jail Facility. These improvements are in response to a study of the facility, including the entire building, which pointed out several potential problems that needed to be addressed. This was followed by a separate report from Chief Bobby Powell in 1992, which emphasized the need to complete improvements to the jail as soon as possible. We are now to the stage that design work must be started in order that the project may be finished in a timely manner. In order to accomplish this task, the firm of Ray & Hollington Architects is prepared to complete design plans for the project at the fee of $ 8,000. This sum amounts to 8% of the cost of the project figure of $ 100,000. Recommendation The staff recommends approval of an ordinance authorizing the City Manager to enter into a contract with the firm of Ray & Hollington Architects in the amount $ 8,000 for the design of improvements to the jail facility. Action Required by Council: Approve an ordinance authorizing the City Manager to enter into a contract with Ray & Hollington Architects to design improvements to the Municipal Jail facility. Availability of Funds: General Fund XX Capital Improvements Other Water/Wastewater General Revenue Sharing Account No.: 015-700-430-900 Funds Available: xx Yes No Approved for City Council Agenda G?J3-2� T -1-q3 Robert T. Herrera Date City Manager ORDINANCE NO. 93-1880 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND RAY & HOLLINGTON, ARCHITECTS, FOR RENOVATIONS TO THE CITY JAIL; APPROPRIATING $8,000 .00 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 $8,000.00 from the Capital Improvement Fund 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 ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 93- 18 0 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 11th day of January, 1993. CITY OF LA PORTE BY Norman L. Malone Mayor ATTEST: Cherie Black City Secretary APPR Knox W. As ins City Attorney BECAUSE OF THE LENGTH OF THE CONTRACT DOCUMENT, IT IS NOT INCLUDED IN THE AGENDA. A COPY OF THE CONTRACT IS LOCATED IN THE CITY SECRETARY'S OFFICE SHOULD YOU WISH TO VIEW IT. 0 0 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 11, 1993 Requested By: Charles Harrington (4-f Department: Planning Report Resolution XXX Ordinance Exhibits: 1. Ordinance 93-18.81 SUMMARY & RECOMMENDATION Background During the November 16, 1992, City Council meeting, Council authorized the expenditure of $ 90,960 for the rehabilitation of Coupland Dr. During the report on the project, the discussion centered around the injection process of Uretek USA, Inc that would lift the street and create a positive drainage flow of water. The firm has basically completed their portion of the project, but the process has revealed some additional work necessary to complete the project which we could not have anticipated in our original proposal. In raising the street, we have created some ponding in several driveways that were not connected to the street. In order to correct the problem, we are proposing to use the Uretek process and raise these driveways to meet the new elevation requirements. In addition, several sections of curb and gutter are missing and the lack of curb constraints has caused some runoff water to pool in adjoining lots. We propose to install approximately 300 ft. of curb and gutter to enhance the water flow in those areas. The final item needing to be addressed is that of adjoining properties now being lower than the back of the curb. In order to solve the situation, we propose to provide stockpiles of sand in strategic areas that property owners may use to gradually raise the elevation of their property. Recommendation The staff recommends the transfer of $ 9,096 from the Capital Improvement Contingency Fund to the Coupland Dr. Project to create a contingency account for the completion of the project. Action Required by Council: Approve an ordinance authorizing the transfer of $ 9,096 from the Capital Improvement Contingency Fund to the Coupland Dr. Project to create a contingency account. Availability of Funds: General Fund Water/Wastewater XXX Capital Improvements General Revenue Other Sharing Account No.:015-700-430-900 Funds Available: XX Yes No Approved for City Council Agenda Robert T. Herrera Date City Manager ORDINANCE NO. 93- 1881 AN ORDINANCE . APPROVING AND AUTHORIZING A CONTINGENCY APPROPRIATION OF $9,096.00 ON THE CONTRACT BETWEEN THE CITY OF LA PORTE AND URETEK USA, INC., TO REHABILITATE WEST COUPLAND DRIVE; APPROPRIATING $9,096.00 TO FUND SAID CONTINGENCY 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 $9,096.00 from the Capital Improvement Fund Contingency Account 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, ORDINANCE NO. 93- 1881 Page 2 considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 11th day of January, 1993. CITY OF LA PORTE BY Norman L. Malone Mayor ATTEST: Cherie Black City Secretary APP ED: Knox W. As ins City Attorney Agenda Date Requested: January 11. 1993 Requested By: S. Q llett Department: Public Works Report Resolution XXXX Ordinance Exhibits: Ordinance No. 93-1882 Professional Engineering Services Proposal Severe deterioration of the Lift Station 30 structure, located at Fairmont Parkway and Big Island Slough, prompted a structural and hydraulic evaluation in 1992. The study recommended diversion of the force main from Northwest La Porte, and rehabilitation or replacement of the lift station. Plans and specifications were prepared, and the force main was diverted to the Fairmont Relief Sewer, removing this flow from Lift Station 30. The repair/replacement of Lift Station 30 was deferred to the current fiscal year. Funds in the amount of $100,000 were budgeted in the 1992-93 Utility CIP Fund. Manning Engineering Corporation, who performed the original evaluation and engineering for the force main diversion, has provided a proposal to provide engineering services to evaluate and recommend repairs, and to provide plans and specifications, as well as construction phase services for this project. The budget for engineering services is as follows. Preliminary Engineering Phase $ 3,000 Design Phase 5,600 Bidding Phase 500 Construction Phase 300 Subtotal $ 9,400 ADDITIONAL SERVICES (Estimated cost not to exceed) Governmental Approval and Inspection S 2.900 TOTAL ENGINEERING $ 12,300 ESTIMATED CONSTRUCTION, TESTING AND CONTINGENCIES 87,700 TOTAL PROJECT COST $100,000 Action Required by Council: Approve Ordinance authorizing the City Manager to execute an agreement with Manning Engineering Corporation for the evaluation and design of Lift Station 30 improvements in the amount of $12,300. Availability of Funds: General Fund Water/Wastewater XXXX Capital Improvement General Revenue Sharing Other Account Number: 003-668-730-100 Funds Available: _XX_YES NO Approved for City Council Agenda �Rnt, i M-w-- 1- - i- c13 Robert T. Herrera DATE City Manager • ORDINANCE NO. 93-1882 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND MANNING ENGINEERING CORPORATION, FOR PLANS AND SPECIFICATIONS FOR THE LIFT STATION 30 PROJECT; APPROPRIATING $12,300 .00 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 $12,300.00 from the Utility CIP Fund 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 ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 93- 1882 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 11th day of January, 1993. CITY OF LA PORTE BY Norman L. Malone Mayor ATTEST: Cherie Black City Secretary APPR�D: Knox W. As ins City Attorney • • 1425 26TH STREET LA PORTE, TEXAS 77571 713 / 471-7590 December 28, 1992 CITY OF LA PORTE P.O. Box 1115 LaPorte, Texas 77572-1115 ATTN: Steve Gillett Director of Public Works RE: Technical Services Proposal/Agreement City of LaPorte Replacement of Raw Sewage Lift Station Number 30 LaPorte, Texas Dear Mr. Gillett, This letter is Manning Engineering Corporation's Technical Services Proposal and if approved by signature it shall become our Technical Services Agreement. Manning Engineering Corporation agrees to perform the various services as outlined in Attachment A, Scope of Services, and in consideration for those services the City of LaPorte shall pay Manning Engineering Corporation according to Attachment B, Payment Schedule, or Attachment C, Schedule of Charges. Work authorized outside of the initial Scope of Services shall be paid on a negotiated basis. This constitutes the proposal. If acceptable, please sign as indicated below and return one copy for my file. Yours truly, C/����uGQ/i� " • aG�2�G�L William T. Manning, .E., R.S President SIGNATURE: NAME: ossltfr� :dr Attachments Date ATTACHMENT A CITY OF LA PORTE REPLACEMENT OF RAW SEWAGE LIFT STATION NUMBER 30 SCOPE OF SERVICES BASIC SERVICES A. PRELIMINARY PHASE 1. PRELIMINARY INVESTIGATION - THE INVESTIGATION WILL DETERMINE THE ULTIMATE SERVICE AREA, THE LOCATION AND INVERT ELEVATIONS OF ALL SANITARY GRAVITY LINES AND FORCE MAINS IN AND AROUND THE LIFT STATION 30 STRUCTURE, DEPTH OF EXISTING WET WELL, WET WELL DEPTH NEEDED TO PROPERLY DRAIN COLLECTION SYSTEM, THE ALTERNATIVES OF USING THE EXISTING STRUCTURE OR A NEW WET WELL STRUCTURE, PROVIDE COST ESTIMATES, AND THE LOCATION OF ANY NEW STRUCTURES OR LINES. 2. PREPARE A PRELIMINARY REPORT BASED UPON THE PRELIMINARY INVESTIGATION. PROVIDE THREE (3) COPIES FOR THE CITY. 3. MEET WITH CITY OF LA PORTE TO DISCUSS THE PRELIMINARY REPORT AND DETERMINE WHICH ALTERNATIVE WILL BE SELECTED AND ANY ADDITIONAL CONSIDERATIONS TO BE INCLUDED IN THE FINAL DESIGN. THE CITY OF LA PORTE WILL PROVIDE THE SURVEY INFORMATION NEEDED FOR LOCATIONS AND ELEVATIONS OF STRUCTURES AND LINES. B. DESIGN PHASE 1. PREPARE PLANS, SPECIFICATIONS, AND AN ENGINEERING REPORT FOR REVIEW BY CITY OF LA PORTE STAFF. THE MATERIAL SHALL AT A MINIMUM SHOW THE NEW STATION STRUCTURE IN PLAN AND PROFILE, THE PUMP CONTROLS AND THE FORCE MAIN. THE DESIGN WILL BE FOR THE ULTIMATE BUILDOUT OF THE LIFT STATION SERVICE AREA. THE TEXAS WATER COMMISSION DESIGN CRITERIA WILL BE FOLLOWED IN ALL ITS PARTICULARS. 2. UPON COMPLETION OF CITY OF LA PORTE REVIEW, MAKE THE INDICATED REVISIONS AND/OR ADDITIONS. ATTACHMENT A CONTINUED -2 CITY OF LA PORTE REPLACEMENT OF RAW SEWAGE LIFT STATION #30 SCOPE OF SERVICES C. BID AND AWARD PHASE 1. PREPARE BID DOCUMENT UTILIZING CITY OF LA PORTE STANDARDS TO THE EXTENT POSSIBLE. 2. AID IN THE BID SOLICITATION/ADVERTISEMENT AND OPENING INCLUDING PRE -BID MEETING AND BID TABULATION AND RECOMMENDATION. 3. NOTICES TO BIDDERS RELATING TO COUNCIL ACTION. ADDITIONAL SERVICES A. GOVERNMENTAL APPROVAL 1. PROCESS PLANS AND SPECIFICATIONS FOR APPROVAL FOR CONSTRUCTION THROUGH AND BY THE TEXAS WATER COMMISSION. B. CONSTRUCTION PHASE 1. PROVIDE FIELD INSPECTION DURING CRITICAL PERIODS OF THE CONSTRUCTION WORK. 2. REVIEW AND RECOMMEND APPROVAL OF THE PAY ESTIMATES. 3. START UP LIFT STATION WITH CITY OF LA PORTE STAFF. 4. CERTIFY PROJECT UPON COMPLETION. 5. PROVIDE THREE (3) SETS OF MANUFACTURER MAINTENANCE INFORMATION (UNBOUND). CITY OF LA PORTE WILL PROVIDE FOR ALL SURVEYING AND GEOTECHNICAL. .0 ATTACHMENT B CITY OF LA PORTE REPLACEMENT OF RAW SWEAGE LIFT STATION #30 PAYMENT SCHEDULE BASIC SERVICES A. PRELIMINARY PHASE 1. INVESTIGATION $2,200.00 2. REPORT $ 800.00 3. MEET WITH CITY NO CHARGE SUB -TOTAL $3,000.00 B. DESIGN PHASE 1. PREPARATION OF PLANS AND SPECIFICATIONS $5,600.00 2. REVISIONS NO CHARGE SUB -TOTAL $5,600.00 C. BID AND AWARD PHASE 1. PREPARATION OF BID DOCUMENTS $ 200.00 2. SOLICITATION AND OPENING $ 300.00 3. NOTICES NO CHARGE SUB -TOTAL $ 500.00 D. CONSTRUCTION PHASE 1. PAY ESTIMATES $ 150.00 2. STARTUP $ 150.00 3. CERTIFICATION NO CHARGE 4. MAINTENANCE MANUALS NO CHARGE SUB -TOTAL $ 300.00 TOTAL $9,400.00 ADDITIONAL SERVICES (Estimated Cost not to be exceeded without authorization). A. GOVERNMENTAL APPROVAL PHASE 1. PROCESSING PLANS & SPECIFICATIONS (Estimate) $ 800.00 SUB -TOTAL $ 800.00 NOTE: PAY BASIS, SEE ATTACHMENT C FEE SCHEDULE B. CONSTRUCTION PHASE 1. FIELD INSPECTION (Estimate) $2,100.00 SUB -TOTAL $2,100.00 TOTAL $2,900.00 NOTE: PAY BASIS, SEE ATTACHMENT C FEE SCHEDULE PAYMENT BASIS: MONTHLY PERCENT COMPLETE OR BY TASK NET 15 DAYS SURVEYING AND GEOTECHNICAL TO BE PASSED THROUGH AT COST. =r•. ATTACHMENT C CITY OF LA PORTE REPLACEMENT OF RAW SEWAGE LIFT STATION NUMBER 30 SCHEDULE OF CHARGE FOR 1992 CLASSIFICATION* CHARGES PRINCIPAL $140/Hour PRINCIPAL/SENIOR ENGINEER $ 95/Hour SENIOR ENGINEER $ 70/Hour JUNIOR ENGINEER $ 55/Hour SENIOR ENGINEERING TECHNICIAN $ 39/Hour JUNIOR ENGINEERING TECHNICIAN $ 28/Hour CLERICAL $ 25/Hour AUTOMOBILE $.27.5/Mile TRUCK $.55/Mile COMPUTER SERVICES (Various) Cost plus 12% SUB -CONTRACTORS Cost plus 7% OTHER Travel, Lodging, Meals & Reproduction Cost plus 12% *Unclassified labor charges are calculated at 2.3 times base payroll cost. C C ORDINANCE NO. 93- 1883 AN ORDINANCE AUTHORIZING AN AGREEMENT WITH SUNBELT HOTELS, INC., FOR DEVELOPMENT OF PRELIMINARY PLANS FOR A HOTEL -CONVENTION CENTER WITHIN THE CITY OF LA PORTE; PROVIDING FOR AN APPROPRIATION OF $12,500.00 FROM THE HOTEL -MOTEL TAX FUND; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby authorizes an agreement with Sunbelt Hotels, Inc., in accordance with the terms and conditions of letter of January 4, 1993, from the City of La Porte to Sunbelt Hotels, Inc., a copy of which is attached hereto and made a part hereof for all purposes, for development of preliminary plans for a hotel -convention center in the City of La Porte. The City Council of the City of La Porte hereby authorizes an appropriation of $12,500.00, from the hotel - motel tax fund for such purpose. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. • ORDINANCE NO. 93- 1883 PAGE 2 PASSED AND APPROVED, this llth day of January, 1993. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary AP RO D : t), 4 cz,- - - v Knox W. As ins, City Attorney 0 0 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 11, 1993 Requested By: Stan Sherwood Department: Parks & Rec. X Report Resolution Ordinance Exhibits: Memo from Purchasing (Bid Tabulation, Sealed Bid #0520) SUMMARY & RECOMMENDATION Sealed bid #0520 for Athletic Field Fencing for two (2) ballfields at Little Cedar Bayou Park and two (2) ballfields at Fairmont Park were opened and read on December 28, 1992. Invitations for bidding the projects were mailed to six (6) vendors with five (5) of the vendors submitting bids. Low bid was submitted by Wither's Fence in the amount of Twenty Thousand One Hundred Eighty -Nine Dollars ($20, 189.00). Staff recommends that the bid be awarded to Wither's Fence. Action Required by Council: Approval of awarding bid to Wither's Fence for athletic field fencing in the amount of Twenty Thousand One Hundred Eighty -Nine Dollars ($20,189.00). Availability of Funds: General Fund XX Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001-800-800-821 (LCBP Fences) 015-676-520-100 (Fairmont Fences) Funds Available: XX YES NO Approved for City Council Agenda G?AywlsiC I ►. - -1 - °I 3 Robert T. Herrera Date City Manager CITY OF LA PORTE INTEROFFICE MEMORANDUM January 6, 1993 TO: Robert T. Herrera, City Manager FROM: Louis Rigby, Human Resources/Purchasing SUBJECT: Fence Bid c pl�ooa,. a a M q3 f" F,eI K- Bids for ball park fencing were opened on January 4, 1992. Low bid was submitted by Withers Fence, a La Porte company, for $20,189. Second low bid was from Dow Fence, a Pasadena company, for $20,252.10, a difference of $63.10. Mr. Joseph Dow, owner of Dow Fence, attended the bid opening and expressed concern that Mr. Withers could not complete the project for the amount of the bid. Also, on item three of the bid, we asked for pricing for two (2) ball fields and Mr. Withers quoted a unit price for one. Susan Kelley, Buyer, spoke to Mr. Withers and he assured us he could complete the project for the prices quoted and that he had, in fact, quoted only one ball field for item three but we could double that cost for two fields. This resulted in his total bid of $20,189. Mr. Dow has since called Ms. Kelley, stating that the City "rigged the bid" to give it to a local business, and that he would be contacting you and that we would be reading about this in the newspaper. CITY OF LA PORTE INTER -OFFICE MEMORANDUM DECEMBER 30, 1992 TO: STAN SHERWOOD, PARKS & RECREATION DIRECTOR FROM: SUSAN KELLEY, BUYER j 4V_,�J_ SUBJECT: SEALED BID #0520 - ATHLETIC FIELD FENCING Advertised, sealed bids #0520 - athletic field fencing were opened and read on December 28, 1992. Bid requests were mailed to six (6) vendors with five (5) returning bids. Low bid was submitted by Wither's Fence for a total amount of $20,189.00. 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. Attachment: Bid Tabulation Bid List BID TABULATION - ATHLETIC FIELD FENCING DESCRIPTION WITHER'S FENCE DOW FENCE FOSTER FENCE BROOK'S FENCE SUPERVISION PLUS 1. BRONCO FIELD (1) $7,923.00 $9,034.50 $9,480.00 $9,473.28 $9,486.00 2. T-BALL FIELD (1) $4,321.00 $4,747.10 $5,830.00 $5,619.84 $6,406.00 3. SOFTBALL FIELD (2) $3,972.50 $3,235.25 $3,645.00 $7,956.70 $3,582.00 TOTAL $20,189.00 $20,252.10 $22,500.00 $23,049.82 $23,056.00 0 • BIDDER'S LIST ATHLETIC FIELD FENCING #0520 DOW FENCE P.O. BOX 5380 1802 PRESTON PASADENA, TX 77508 713-920-1414 SEALED BID ENCLOSED BROOKS FENCE 4018 ALLEN GENOA PASADENA, TX 77504 713-947-8440 SEALED BID ENCLOSED WITHERS FENCE 409 W. MAIN LA PORTE, TX 77571 713-470-2449 SEALED BID ENCLOSED ARIES FENCE COMPANY P.O. BOX 7184 PASADENA, TX 77508 713-998-8381 SEALED BID ENCLOSED FOSTER FENCE P.O. BOX 96116 HOUSTON, TX 77213-6116 713-453-0165 SUPERVISION PLUS 1309 R. WEST FAIRMONT LA PORTE, TX 77571 713-471-4414 ATTN: J.R. COLLINS CITY OF LA PORTE INTER -DEPARTMENTAL MEMORANDUM k` January 5, 1993 TO: Mayor and City Council FROM: Robert T. Herrera, City Manager SUBJECT: Solid Waste Grant The City of La Porte recently applied for grant funds for various Solid Waste programs from the Texas Water Commission through the Houston -Galveston Area Council. These funds are to be used for initiating Solid Waste programs or enhancing current programs. The City of La Porte received funding for one of the five programs submitted. Funding in the amount of $14,305.50 was approved for the purchase of six additional used oil collection containers to enhance our current waste oil program. At present, we have one container which is used to collect waste oil at our Recycling Center only on Recycling Saturdays. These funds will allow placement of containers at various sites around the city for the convenience of our citizens desiring to properly dispose of waste oil. Sites will be selected to allow easy access to all of La Porte citizens for waste oil disposal. A receptacle will also be placed at each site for disposal of used oil containers -and filters. In addition to the containers, funding was also made for the purchase of a machine to crush oil filters. This will allow more efficient storage of filters until disposal is made. Oil filters are no longer accepted at landfills due to State and Federal regulations. The total cost of the containers and filter crushing machine is $15,895.00. The grant will fund $14,305.50 and the Solid Waste Division will fund the remaining $1,589.50 out of its 92-93 Operating Budget. Currently approximately 425 gallons of waste oil per month is collected at the Recycling Center. An increase of approximately 50 per cent in the amount of waste oil collected is anticipated with the use of the additional collection containers. Funds realized through the sale of waste oil will be used to offset oil filter disposal, as well as collection costs of the Recycling Program. Expansion of the Waste Oil Collection Program will curtail some of the illegal dumping of waste oil down sanitary sewers, storm drains, and drainage ditches. This will benefit the appearance of La Porte as well as protect the environment of our bayous and Galveston Bay.