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Home My WebLink About1993-07-12 Regular Meeting AGENDA REGULAR MEETING OF THE LA PORTE CITY COUNCIL TO BE HELD JULY 12, 1993, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M. Next Ord. 93-1919 Next Res. 93-08 1. CALL TO ORDER 2. INVOCATION BY CITY ATTORNEY KNOX ASKINS 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING JUNE 28, 1993 4. CONSIDER APPROVING MINUTES OF SPECIAL CALLED EMERGENCY MEETING JULY 1, 1993 5. CONSIDER APPROVING MINUTES OF SPECIAL CALLED EMERGENCY MEETING JULY 6, 1993 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS COUNCIL 7. CONSIDER APPROVING A RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY RESPECTING AN OFFER OF AN INDUSTRIAL DISTRICT AGREEMENT TO SOUTHERN IONICS, INC. (Res. 93-08) - Knox Askins 8. ADMINISTRATIVE REPORTS 9. COUNCIL ACTION 10. EXECUTIVE SESSION - V.A.T.S. - ARTICLES 6252-17, SECTION S(E), (F), (G), (R) - (LEGAL, LAND ACQUISITION, PERSONNEL, AND CONFERENCE(S) WITH EMPLOYEE(S) TO RECEIVE INFORMATION) A. SECTION 2(E) - (LEGAL) MEET WITH SPECIAL COUNSEL ON SOUTHERN IONICS, INC. LITIGATION B. SECTION 2(E) - (LEGAL) MEET WITH CITY ATTORNEY ON INDUSTRIAL DISTRICT CONTACT NEGOTIATIONS 11. ADJOURNMENT If during the course of the meeting covered by this agenda the Council should determine that a closed or executive meeting or session of the Council should be held or is required in relation to an item noticed in this agenda, then such closed or executive meeting or session as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252-17(a) (Open Meetings Act) will be held by the Council at that date, hour and place given in the meeting notice or as soon after the commencement of the meeting covered by the meeting notice as the Council may conveniently meet in such closed or executive meeting or session concerning any and all subjects and for any and all purposes permitted by Section 2(c) through Section 2(r), inclusive of said Open Meetings Law, including, but not limited to: Section 2(d) - For the purpose of excluding witness or witnesses from a hearing during examination of another witness. Section 2(e) - For the purpose of a private consultation with the Council's attorney on any or all subjects or matters authorized by law. • CJ MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JULY 12, 1993 1. 2. 3. 4. 5. The meeting was called to order by Mayor Norman 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 and Jerry Clarke Members of Council Absent: None Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Sue Lenes, Assistant City Manager John Joerns, Police Chief Bobby Powell, Records Management Administrator Cathy DeArmond Others Present: Two citizens, Mr. Ray West and Mr. David Baker The invocation was given by City Attorney Knox Askins Council considered approving minutes of the Regular Meeting June 28, 1993. Motion was made by Councilperson Clarke to approve the June 28 minutes as presented. Second by Councilperson Thrower. The motion carried, 7 ayes, 0 nays and 2 abstaining. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell and Clarke Nays: None Abstain: Mayor Malone and Councilperson Porter Council considered approving minutes of the Special Called Emergency Meeting July 1, 1993. Motion was made by Councilperson Porter to approve the July 1 minutes as presented. Second by Councilperson Cooper. The motion carried, 8 ayes, 0 nays and 1 abstaining. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell and Clarke Nays: None Abstain: Mayor Malone Council considered approving minutes of the Special Called Emergency Meeting July 6, 1993. Minutes Regular Meeting La Porte City Council July 12, 1993, Page 2 Motion was made by Councilperson McLaughlin to approve the July 6 minutes as presented. Second by Councilperson Clarke. The motion carried, 7 ayes, 0 nays and 2 abstaining. Ayes: Councilpersons Sutherland, Thrower, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: None Abstain: Councilpersons Cooper and Maxwell 6. Mr. Ray West, 5018 Glenvalley addressed Council regarding "large trash day" and "height of grass". Mayor Malone asked Assistant City Manager John Joerns to meet with Mr. West and clarify city policies regarding these two subjects. 7. Council deferred approving a resolution authorizing the City Manager and City Attorney respecting an offer of an Industrial District Agreement to Southern Ionics, Inc., to the executive session. 8. City Manager Bob Herrera gave an update of Sunbelt Hotel status of developments for the hotel project. Mr. Herrera stated Sunbelt has discussed franchise for the hotel with two corporations and both have serious interest. Sunbelt is holding its decision until commitment on financing has been completed. 9. Councilperson Gay and Mayor Malone brought items to council's attention. 10. Council adjourned into executive session at 6:14 P.M. EXECUTIVE SESSIONS - V.A.T.S. - ARTICLES 6252-17, SECTION S(E), (F), (G), (R) - (LEGAL, LAND ACQUISITION, PERSONNEL, AND CONFERENCE(S) WITH EMPLOYEE(S) TO RECEIVE INFORMATION) A. SECTION 2(E) - (LEGAL) MEET WITH SPECIAL COUNSEL ON SOUTHERN IONICS, INC. LITIGATION B. SECTION 2(E) - (LEGAL) MEET WITH CITY ATTORNEY ON INDUSTRIAL DISTRICT CONTRACT NEGOTIATIONS 7. Consider resolution authorizing the City manager and City Attorney respecting an offer of an Industrial District Agreement to Southern Ionics, Inc. (Res. 93-08) i Minutes Regular Meeting La Porte City Council July 12, 1993, Page 3 Council returned to the table at 7:12 P.M. No action was taken on A. Section 2(E) - (Legal) or B. Section 2(E) - (Legal) 7. Council considered approving a resolution authorizing the City manager and City Attorney respecting an offer of an Industrial District Agreement to Southern Ionics, Inc. (Res. 93-08) City Attorney read: RESOLUTION NO. 93-08 - A RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY RESPECTING AN OFFER OF AN INDUSTRIAL DISTRICT AGREEMENT TO SOUTHERN IONICS, INC.; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. (The resolution has been amended to delete "be" and "they" in Section 2.) Motion was made by Councilt~erson Gav t4 anArove Resoluton_93- 08 as amended. 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 11. There being no further business to come before Council, the meeting was adjourned at 7:13 P.M. Respectfully submitted, <~ G~~J Sue Lenes, City Secretary Passed & Approved this the 26th day of July, 1993 Or1~'rl,~c ~~~~6~~~u Norman L. Malone, Mayor RESOLUTION NO. 93-08 A RESOLUTION AUTHORIZING. THE CITY MANAGER AND CITY ATTORNEY RESPECTING AN OFFER OF AN INDUSTRIAL DISTRICT AGREEMENT TO SOUTHERN IONICS, INC.; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Southern Ionics, Inc., an owner of property adjacent to but not within Bayport Industrial District No. 1 of La Porte, Texas, and within the extraterritorial jurisdiction of the City of La Porte, Texas, has indicated an interest in signing an industrial district agreement with the City; and WHEREAS, the City Council of the City of La Porte has concluded that if Southern Ionics, Inc. will agree to the same form of industrial district agreement offered to all other industries, then the City will enter into such an agreement with it; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. It is the intent and desire of the City of La Porte to offer the same form of industrial district agreement to all industries situated within designated industrial districts. Section 2. The City Manager and City Attorney are hereby authorized to offer the form of industrial district agreement offered to all other industries situated within designated industrial districts to Southern Ionics, Inc., for its execution and return to the City of La Porte for action and approval as in the case of all other industries. Section 3. If Southern Ionics, Inc. so executes an industrial district agreement in the form submitted to it, then upon action, approval and execution of same by the City of La Porte, the City Council of the City of La Porte will simultaneously designate an industrial district which includes the land of Southern Ionics, Inc. Section 4. The City Manager and City Attorney are hereby authorized to take all necessary lawful action to implement this Resolution. Section 5. 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 ~ ~ ~. RESOLIITION NO. 93-08 posted at a place convenient to the public at the City Hall of the City of La Porte, Texas 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 resolution 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. PAGE 2 Section 6. This Resolution shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the 12th day of July, 1993. CITY OF LA PORTE No an L. M orle; Mayor ATTEST: S Lenes, Ci y Secre ary APP Knox W. Askins, City Attorney