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HomeMy WebLinkAbout1994-01-24 Regular Meeting• • AGENDA REGIILAR 1[EETING OF LA FORTE CITY COIINCIL TO BE HELD JANUARY Z4, 1994, Ili THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA FORTE, TEYAB, BEGINNING AT 6:00 P.M. Next Ord. 94-1962 Next Res. 94-03 1. CALL TO ORDER 2. INVOCATION BY COUNCILPERSON GAY 3. CONSIDER APPROVING MINUTES OF THE REGULAR MEETING JANUARY 10, 1994 4. PROCLAMATION AMERICAN HEART MONTH 5. RECEIVE REPORT FROM CITY MANAGER REGARDING COMMENDATIONS TO TWO CITY OF LA FORTE EMPLOYEES. A. OFFICER BOBBY KING B. JOHN JOERNS 6. RECEIVE REPORT FROM JEFF TAEBEL, MANAGER COMMUNITY AND ENVIRONMENTAL PLANNING DEPARTMENT FOR HOUSTON-GALVESTON AREA COUNCIL GALVESTON BAY PLAN 7. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL 8. PRESENTATION OF ACHIEVEMENT OF EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION - R.T. Herrera 9. CONSIDER APPROVING AN ORDINANCE APPOINTING A MEMBER TO FILL THE UNEXPIRED TERM OF WAYNE ANDERSON, DISTRICT 2, ON THE LA FORTE PLANNING AND ZONING COMMISSION (Ord. 94-1962) - R.T. Herrera 10. CONSIDER AN ORDINANCE ACCEPTING A DONATION TO THE CITY OF LA FORTE OF LOTS ONE (1) THROUGH THIRTY-TWO (32), BOTH INCLUSIVE, BEING ALL OF BLOCK SEVEN HUNDRED FIFTY-SEVEN (757) , TOWN OF LA FORTE (Ord. 94-1963) - C. Harrington • • 11. CONSIDER APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA FORTE AND BAYPORT AVIATION, INC.; TRI STAR AVIATION, INC. ; DAN H. MAAROUF, DAVID H. MAAROUF, AND DAVID L. DUBBIN; AND CITIZENS BANK & TRUST COMPANY OF BAYTOWN, TEXAS, FOR THE ASSIGNMENT OF THE CITY OF LA FORTE LEASE WITH BAYPORT AVIATION, INC. (Ord. 94-1964) - K. Askins 12. CONSIDER A RESOLUTION CORRECTING RESOLUTION 94-01 AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR FUNDING TO THE CITY OF LA FORTE, TEXAS, FOR A PROGRAM KNOWN AS KINDERGARTEN TffitOIIQH FOIIftTH GjtAD$ DARE BYPAN8I0~T (Ros. 94-01-A) - Chief B. Powell 13. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR DISCUSSION A. AWARD ANNUAL CONTRACT FOR THE PURCHASE OF LIME SLURRY TO LIMECO - S. Gillett B. AWARD ANNUAL CONTRACT FOR THE PURCHASE OF LIMESTONE TO VULCAN/ICA DISTRIBUTION - S. Gillett C. AWARD ANNUAL CONTRACT FOR THE FURNISHING OF WASTEWATER LABORATORY TESTING SERVICES TO A&B LABS - S. Gillett 14. ADMINISTRATIVE REPORTS A. CONSIDER FUNDING NEW COMMUNICATION CONSOLE FOR CITY OF LA FORTE POLICE DEPARTMENT 15. COUNCIL ACTION 16. EXECUTIVE SESSION - V.A.T.S. - ARTICLES 6252-17, SECTION 2(E), (F), (G), (R), - (LEGAL, LAND ACQUISITION, PERSONNEL, AND CONFERENCE(S) WITH EMPLOYEE(S) TO RECEIVE INFORMATION A. SECTION 2(E) - (LEGAL) RECEIVE REPORT FROM SPECIAL COUNSEL AND CITY ATTORNEY REGARDING PENDING LAWSUIT(S) B. SECTION 2(F) - (LAND ACQUISITION) RECEIVE REPORT FROM CITY MANAGER REGARDING LAND ACQUISITION C. SECTION 2(G) - (PERSONNEL) RECEIVE REPORT FROM CITY MANAGER REGARDING PERSONNEL MATTER(S) 17. 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. 6252-1~(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. Section 2(f) - For the purpose of discussing the purchase, exchange, lease or value of real property and negotiated contracts for prospective gifts or donations. Section 2(g) - For the purpose of considering the appointment, employment evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges against a public officer or employee. Section 2(j) - To consider the deployment, or specific occasions for implementation, of security personnel or devices. Section 2(r) - For the purpose of conferring with an employee or employees of the City, for the sole purpose of receiving information from the employee or employees or to ask questions of the employee or employees; provided, however, that no discussion of public business or City policy that affects public business shall take place between the members of the City Council during the conference. • •~ • • MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JANUARY 24, 1994 1. 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 Robert T. Herrera, City Attorney Knox Askins, City Secretary Sue Lenes, Assistant City Manager John Joerns, Director of Administrative Services Louis Rigby, Director of Finance Jeff Litchfield, Chief of Police Bobby Powell, Director of Public Works Steve Gillett, Director of Planning Chuck Harrington, Cash Manager Rick Overgaard, Finance Officer Linda Stubbs, Accounting Supervisor Kathy Hutton, Payroll Accounting Technician Lorie Doughty, Accounts Payable Accounting Technician Sukki Choi, Fixed Assets Accounting Technician Shirley Mosley, Secretary Kathy Childs, Purchasing Agent Susan Kelley, Secretary to the City Manager Carol Buttler, Police Officer Bobby King Others Present: Attorneys Brent Ryan and Barry Abrams; Chairman Business Breakfast American Heart Association Gerald Murray, and a number of citizens 2. The invocation was given by Councilperson Deotis Gay. 3. Council considered approving minutes of Regular Meeting January 10, 1994. lotion was made by Counciluerson McLaughlin to apgrove the minutes of January 10 as presented. Second by Councilperson Clarke. The motion carried, 7 ayes, 0 nays and 1 abstain. (Councilperson Porter was away from the table during the vote) Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone Nays: None Abstain: Councilperson Thrower 4. Mayor Malone proclaimed the month of February as American Heart Month. American Heart Association Business Breakfast Chairman Gerald Murray and several citizens accepted the award. Mr. Murray invited Council to attend the American Heart Association breakfast at Sylvan Beach Pavilion on February 9th. • • Minutes Regular Meeting La Porte City Council January 24, 1994, Page 2 5. City Manager Robert T. Herrera introduced two City of La Porte employees and advised of commendations these two dedicated individuals recently received. Officer Bobby King, La Porte Police Department, on January 7th preformed, beyond the call of duty, a rescue to an individual involved in a major car accident. The individual was trapped in the vehicle which was on fire. Officer King, along with a citizen released the trapped individual saving him from a life threatening situation. Officer King was congratulated by City Council and Mr. Herrera for his heroic act. Mr. John Joerns, Assistant City Manager, while vacationing at Gila Cliff Dwelling National Monument, participated in a life threatening situation. John administered CPR to an individual who had apparently suffered a heart attack. John and the spouse of the individual attempted the life saving technique. After the unsuccessful efforts, John assisted Park Ranger Dough Thompson, and the family of the victim, in bringing him down from the mountain top. Mr. Herrera stated this demonstrates the type and caliber of employees at the City of La Porte. Council and Mr. Herrera thanked John Joerns for his efforts and assistance to others. (Councilperson Alton Porter was seated at the Council table at 6:15 P.M.) 6. Mr. Jeff Taebel, Manager Community and Environmental Planning Department for Houston-Galveston Area Council presented a slide presentation on the Galveston Bay National Estuary Program and the plans for Galveston Bay. Dr. Frank Shipley, Executive Director for Galveston Bay Plan assisted Mr. Taebel in the presentation of the Galveston Bay Plan and in addressing questions from Council. 7. There were no citizens or tax payers wishing to address Council. 8. City Manager Robert T. Herrera presented a plaque from the Government Finance Officers Association for Achievement of Excellence in Financial Reporting to Director of Finance Jeff Litchfield and his staff. Mr. Herrera stated this is the most difficult award that can be achieved by a group of public employees. Not only has this group received this award for the last thirteen years, they have also received a Budget Award for the last three years. Mr. Litchfield accepted the award and introduced his staff to Council and the assembly. ~ ~ Minutes Regular Meeting La Porte City Council January 24, 1994, Page 3 9. Council considered approving an ordinance appointing a member to fill the unexpired term of Wayne Anderson, District 2, on the Planning and Zoning Commission. City Attorney read: ORDINANCE NO. 94-1962 - AN ORDINANCE APPOINTING A MEMBER TO FILL THE UNEXPIRED TERM OF WAYNE ANDERSON, DISTRICT 2, ON THE LA PORTE PLANNING AND ZONING COMMISSION TO EXPIRE MAY 30, 1994; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Mc~t; c~r~ was made by Councilperson Cooper to apmrove Ordinance 94-1962 naming Charles S. Engelken Jr to fill the unext~ired tprm on the Planning and Zoning Commission. 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. (Mayor Malone suggested this item be taken to executive session. There were no objections. Item 10 will be brought back to the table after the executive session.) il. Council considered approving and authorizing an agreement between the City of La Porte and Bayport Aviation, Inc.; Tri Star Aviation, Inc.; Dan H. Maarouf, David H. Maarouf, and David L. Durbin; and Citizens Bank & Trust Company of Baytown, Texas for the assignment of the City of La Porte lease with Bayport Aviation. City Attorney Knox Askins stated this matter was closed this afternoon, and the payments noted in the summary and recommendation were received. He introduced representatives of the lessee, Officers of Tri Star Aviation, Mr. Dan Maarouf and Mr. David Durbin. City Attorney read: ORDINANCE NO. 94-1964 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND BAYPORT AVIATION, INC. ; TRI STAR AVIATION, INC. ; DAN H. MAAROUF, DAVID H. MAAROUF, AND DAVID L. DUBBIN; AND CITIZENS BANK & TRUST COMPANY OF BAYTOWN, TEXAS, FOR THE ASSIGNMENT OF THE CITY OF LA PORTE LEASE WITH BAYPORT AVIATION, INC., OF PROPERTY AT THE CITY OF LA PORTE MUNICIPAL AIRPORT, TO TRI STAR AVIATION, INC. , AND DAN H. MAAROUF, DAVID H. MAAROUF, AND DAVID L. DUBBIN; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Minutes Regular Meeting La Porte City Council January 24, 1994, Page 4 94-1964 as read by the Citv Attornev. Second by Councilperson Maxwell. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 12. Council considered a resolution correcting Resolution 94-01 authorizing the submission of a grant request to the Governor's Criminal Justice Division for funding to the City of La Porte, Texas, for a program known as Kindergarten Through Fourth Grade D.A.R.E Expansion. City Manager Robert T. Herrera explained City Council had adopted a resolution at the beginning of the year which was identical. Since that time we have received a request from the Governor's Criminal Justice Office asking that we specifically state Kindergarten Through Fourth Grade D.A.R.E. Expansion in the wording of the resolution, and this is the only difference . City Attorney read: RESOLUTION 94-01-A - A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR FUNDING TO THE CITY OF LA PORTE TEXAS, FOR A PROGRAM KNOWN AS: KINDERGARTEN THROUGH FOURTH GRADE D.A.R.E. EXPANSION. Motion was made by Councilperson Maxwell to adopt Resolution 94-01-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 13. Consent Agenda - Council considered awarding bids as follows: (A) Consider awarding annual contract for the purchase of lime slurry to Limeco; (B) Consider awarding annual contract for the purchase of limestone to Vulcan/ICA Distribution; (C) Consider awarding contract for the furnishing of wastewater laboratory testing services to A&B Labs. • • Minutes Regular Meeting La Porte City Council January 24, 1994, Page 5 Motion was made by Councilperson Cooper to accent the consent ~,cenda as presented. 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 14. Administrative Reports: City Manager Robert T. Herrera stated, "Mayor this is not an action item nor will it require action from the City Council tonight, other than perhaps a response from the Mayor that this report was being presented. In your packet is a letter from Chief Powell to myself, dated January 10th, informing the City Manager's office of the need to consider replacing the primary radio console for the Police department. As most of you know that console was built and brought on line in 1975. Because of technological advancements that have been made over the years it is now out dated and parts are becoming more and more difficult to obtain. As a result, the Police Department is asking for consideration for funding of a new radio console. In visiting with Chief Powell, this is not a budgeted item and it is not in this years budget. Perhaps, if the Council sees fit, in this upcoming budget workshop we will consider bringing this item back to the Council for future funding. But the bottom line is even though there is a request here tonight, the funds are not available in this years budget." Mayor Malone recommended to Council that this item not be approved as there are no funds in this years budget. Council was in agreement with Mayor Malone's recommendation, therefore no funding vas authorised for the raplaoamont of tho radio oonsol~. 15. Councilpersons Maxwell, Cooper, Thrower, McLaughlin and Mayor Malone brought items to Council's attention. 16. Council adjourned into Executive Session at 6:54 P.M. Executive Session convened at 7:00 P.M. Executive Session - V.A.T.S. - ARTICLES 6252-17, SECTION 2(E), (F), (G), (R), - (LEGAL, LAND ACQUISITION, PERSONNEL, AND CONFERENCE(S) WITH EMPLOYEE(S) TO RECEIVE INFORMATION Minutes Reqular Meeting La Porte City Council January 24, 1994, Page 6 A. SECTION 2(E) - (LEGAL) RECEIVE REPORT FROM SPECIAL COUNSEL AND CITY ATTORNEY REGARDING PENDING LAWSUIT(S) B. SECTION 2(F) - (LAND ACQUISITION) RECEIVE REPORT FROM CITY MANAGER REGARDING LAND ACQUISITION C. SECTION 2(G) - (PERSONNEL) RECEIVE REPORT FROM CITY MANAGER REGARDING PERSONNEL MATTER(S) ITEM 10. CONSIDER AN ORDINANCE ACCEPTING A DONATION TO THE CITY OF LA PORTE OF LOTS ONE (1) THROUGH THIRTY-TWO (32), BOTH INCLUSIVE, BEING ALL OF BLOCK SEVEN HUNDRED FIFTY-SEVEN (757), TOWN OF LA PORTE. Council adjourned the Executive Session a 8:46 P.M. and returned to the Council table at 8:48 P.M. and reconvened the Council meeting. Executive Sessions items A, B and C, there was no action taken. Item 10 was brought to Council table for a vote. Motion was made by Councilperson Clarke to a~nrove Ordinanc 94-1963 accepting a donation to the City of La Porte of Lots One through Thirty-two, both inclusive being all of Block Seven Hundred Fifty-Seven, Town of La Porte. Second by Councilperson Maxwell. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 17. There being no further business, the meeting adjourned at 8:52 P.M. Respectfull submitted, Sue Lenes, City Secretary Passed and Approved this the 14th day of February, 1994 ~j~ ~an L. Malo e, Mayor ~ ~ ~ Off ice of the Mayor ~~11 Disease of the heart and blood vessels this year will kill almost one million Americans, which nearly equals the total number of deaths from all other causes combined; and WHEREAS, such diseases are the number one killer in the City of La Porte; and WHEREAS, an estimated Sf 000 million Americans have some form of cardiovascular disease; and WHEREAS, over 51,700 Texans died last year from cardiovascular diseases; and WHEREAS, cardiovascular diseases will cost our Country more than $128 billion this year, and WHEREAS, the American Heart Association is funding a nationwide research progrcrm, as weU as improving health care in the community through professional and public education, as well as community service programs. NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City of La Porte, do hereby proclaim the month of February, 1994, as AMERICAN HEART MONTH in the City of La Porte, and encourage all citizens to support the lifesaving mission carried out by City of La Porte American Heart Association volunteers during the month. IN WITNESS WHEREOF, I ham hen~unto set my hand and caused the Seal of the City to 6e affczed hereto, this the 24th day of January, 1994. CITY OF LA PORTE Norman L. Malone, Mayor • • ReC~ E~ D LA FORTE POLICE DEPARTMENT ~J,QN ' Interoffice Memorandum 9 199Q ~r t , era; itJ Januar 7, 1993 Q.;ti~~~~ ~'C~S _°-~,, TO: Robert Herrera a FROM: B.L. Powell ~} SUBJ: Rescue of citizen from burning automobile This is to inform you of the actions of one of our officers during the early morning hours of January 7, 1993 at the scene of a major automobile accident. This accident occurred east-bound on State Highway 225 near Houston St. Mr. James Reed of Grapeland, Texas had apparently been driving at a high rate of speed and struck the rear of a tractor-trailer rig driven by Paula Turner of Pasadena. Mr. Reed's vehicle was substantially damaged and began to burn. A citizen of La Porte, Mr. Dean Delph of 10923 Dogwood, came upon the scene and began to try to extricate Mr. Reed from the vehicle. Mr. Reed was unconscious and his legs were pinned beneath the crushed dashboard. As the fire in the car spread, Mr. Delph had to put out flames that reached Mr. Reed's legs and head. About that time, Mr. Delph was joined by Officer Bobby Rinq of our department who discovered the accident while patrolling the area. several attempts to remove Mr. Reed from the car were not successful. Officer Rinq and Mr. Delph realized that time was running out on their efforts and the fire was spreading ever faster. The interior also became more involved with each passing moment. Finally, Officer Rinq and Mr. Delph were able to pull Mr. Reed from the car seconds before it was engulfed in an explosion and fire. Mr. Reed's hair and clothing were aflame and the officer and citizen extinguished the fire by rolling Mr. Reed on the ground. Subsequently, other emergency equipment and personnel arrived on the scene, including sergeant Sammy Jacobs. He and Officer Rinq directed traffic and fire fighting efforts and the helicopter evacuation of Mr. Reed. As of the writing of this memo, Mr. Reed remains alive but seriously injured. I have written letters of commendation to Officer Rinq and Mr. Delph, praising them for their heroic and selfless act (copies are attached). I believe recognition of these brave men by the city government is warranted and much deserved. United States est Wilderness • Rt. 11, Box 100 Department of ~rvice Ranger District Silver City, NM 88061 Agriculture Reply To: 6730 Date: January 5, 1994 Mr. John Joerns 814 Hackberry LaPorte, TX 77571 Dear Mr. Joerns: Thank you very much for the assistance you offered to another park visitor recently at Gila Cliff Dwellings National Monument, when he apparently suffered a heart attack. You responded quickly and to the best of your ability, assisting with the initial CPR, and your willingness to help was truly commendable. Thank you also for helping Park Ranger Doug Thompson, when he arrived and continued giving CPR to the victim. It's good to know there are people like yourself, who will not hesitate to offer assistance to others. Thank you! Sincerely, .citiv'`~~ GERALD A. ENGEL District Ranger Caring for the Land and Serving People tt~~'~~~,~ FS-6200-28b(4/881 • • ~ • • Houston~Cralveston Area Council PO Box 22777 • 3555 Timmons • Houston, Texas 77227-2777 • 713/627-3200 January 7, 1994 Ms. Sue Lennes City Secretary City of La Porte P.O. Box 1115 La Porte, TX 77527-1115 Dear Ms. Lennes: I spoke with Councilman Guy Sutherland yesterday about making a brief presentation to the City Council on the Galveston Bay Plan. He said that he had scheduled me for the Council meeting of January 24, 1994, and suggested I write to yo so you would have some information on the agenda item. By way of background, the Galveston Bay Plan is intended as a comprehensive strategy for the preservation and enhancement of the bay over the next 20 years. Now in draft form, the plan is the result of five years of work by the Management Conference of public agencies, scientists, and bay users. Many recommendations of the plan will affect local governments surrounding Galveston Bay. The Houston-Galveston Area Council (H-GAC), under a contract with the Galveston Bay National Estuary Program, is making a series of presentations to familiarize local officials with the draft plan and to get their response. The presentation should last no more than 15-minutes, and I can deliver it in slightly less time, depending on the length of your agenda. I have enclosed a brief outline of what the presentation will cover. Staff from the Estuary Program will also be present to answer questions. I will have some slides or overheads to accompany my presentation, depending on what will work best in your council chambers. I will also send you a summary of the plan which can be distributed for the councilmember's review before the meeting. I would appreciate it if you or your staff could confirm my being placed on the agenda, either by letter or phone. Please give me a call at (713) 993-4560 if you have any questions. Thank you for your assistance. Sincerely, Jeff aebel~er Community and Environmental Planning Department JT/ed Enclosures • Galveston Bay Plan Presentation to Local Governments KEY POINTS 1. Why a Galveston Bay Plan? a. Galveston Bay has been declared an estuary of national significance, is part of a five-year federal/state partnership for planning. b. Studies have been conducted on the Bay: conditions are not as bad as some have thought, but several significant problems remain. a Management systems exist, but are fragmented. 2. Uses of the Plan a. Blueprint for a new Galveston Bay Authority to coordinate management programs for Galveston Bay. b. Guide for federal, state and local regulations. c. Strategy for increasing funding for projects to improve the bay. 3. Potential Major Local Government Responsibilities Under the Plan a. Reduce wastewater bypasses and overflows. b. Reduce nonpoint source pollution. c. Improve shoreline planning and management d. Preserve valuable habitat e. Involve citizens in preserving and enhancing Galveston Bay. Q1/10/94 16:01 $'9934503 HGAC f~joQ2 • Fora i~a a~ ~~~~~ P ~l ton Ba ; ~~ ~ ., y Tim a Svc-year e~iart to id ~ t° ian develop a Comprel~ea SOY Ga1~/48tan Bay by ~: ~.~..:~ ~.......~._ 'Y'b~e Galvea N~tionsl ~stvaty Pro~rxm is gsttierin~ new •aa~`~i=~~t~i~'`~"~'~riYt7time~ouEal•:stetua ~d . _~ treads in the Bay evosysfi~ determit~s e4uraaa of pa]lutian, causes ofhatdtat decliaes and rises to hvimaa health, ~-d i~,tify ealuiaons to the problems. The i~ah~tan B~q- ATatianal ~-' ~~~ was ereat~d b9 ~ United Stst~es Co~re$s fi3~e Water ~i~' Aot of ~~ The Galvesron Bay an Estuary ~Nntfo~al Galveston Bay wea designa 1987 National ~stuar,~ Frcr . - ~qe is 198$, and i8 ane of S~ estua~i~es sa designated. gram is a~v8 year _ - . e,~art to de+~elap a . Gaya Bay is an.l~stttary of 2Vat~~l $ ~$ ~: 3 ~~ Comprehensive Canser• on. P u~ of i1a bene$ts to Teses and the riat vation ared Management ~ Cowl Ssht~o-g t;antrlbutes $~00 won to flan for tl~e Bay by the area economy each yam: Nemrly 5096 of tb-e nations' petYOChe'tmical Fall,1 X94. The plan prod~twn iS on the shores of Qalveeton ~• wilt address water i Recreational fishing ccuatributeo Sao million t~ QtalTty, jtvlttg Y~'- tbt3 81'~B8 9y ~~• sources, habitat, and . o€the pn}~ ~~~ ~i,~ptty i6 On the physical eandttians in shares of Galan y- onder to manrige • ~ Galveston $aj~ is ac~iacent to slle o~fthe aarg-est GaluesraR Bap as a. urban areas in t'!xe x7aited -te8. single bategrated ecasys- tern. T7se uppr~oach is ` Th+e Gal~pest~l Bay NatiQt~s1 Estt~~'9 Pra ~ ~ ~ ti t - P vne of consense.~ btelld- ins among alt user ,on ea ro s grant from fhe Urntsd States ~ Aganey to the State of Tezas, the Te'tN'ater ~~' A "11+ianant C '" of more timu one grrnsps, aSeMctes and the public. 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HGAC (~j 00T ~ ro ro •o K° ~ w 3 O a ~ ~ M1 °' ~ ~ h ~ A. ~~ a ~~ ~ ~ (~(~ D~ Ol ~ Q m ~ ~ ~ ~c y .~ ~ ~ ~~ ~~ ~ o ?~ ~~ ~~ o~ ~ ~ ~~ ~~ ion ~ea: o ~ 3~ N f~~~~~50 ~ ~ ~~ ~ ~; ~ ~ L ~ ~ ~, ~ ~ 1 m fn ~r. 3 ~ ~ O D p ~ ...r ~ ~. ~ a ~• ~' } ~ ~, ~ a a, ~ ~ • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 24. 1994 Requested By: Robert Herrera Department: Administration Report Resolution Ordinance Exhibits: SUMMARY & RECOMMENDATION Plaque presented from the Government Finance Officers Association by City Manager Robert Herrera to Director of Finance Jeff Litchfield. T Jeff Litchfield is recognized for Achievement of Excellence in Financial Reporting. Action Required by Council: NONE Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: _ YES _ NO Approved for City Council Agenda __-. / ~ Robert T. Herrera Date City Manager ! 1 9 ~ ~ ORDINANCE NO. 94-1962 AN ORDINANCE APPOINTING A MEMBER TO FILL THE UNEXPIRED TERM OF WAYNE ANDERSON, DISTRICT 2, ON THE LA FORTE PLANNING AND ZONING COMMISSION TO EXPIRE MAY 30, 1994; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: Section 1. The City Council of the City of La Porte hereby appoints CHARLES S. ENGELKEN. JR. to represent District 2, on the City of La Porte Planning and Zoning Commission, to fill the unexpired term of Wayne Anderson, said term to expire May 30, 1994, or until a successor shall have been duly appointed and qualified. section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of conflict only. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statues Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall take effect an be in force from and after its passage and approval. PASSED AND APPROVED this the 24th day of January, 1994. CITY OF LA FORTE N an L. alone ayor ATTEST: Sue Lenes, City Secre ry APPR~O/VEND : j~ Knox W. Askins, City Attorney ./ • REQUEST FOR CITY COUNi~GENDA ITEM Agenda Date Requested: January 24. 19/94 ~[ Requested By: Charles Harrington (~~~6f Department: Planning Report Resolution X Ordinance Exhibits: 1. Ordinance 2. Map SUMMARY & RECOMMENDATION In early November, a telephone call was received from an individual representing the property owner of Block 757, of the Town of La Porte. The property owner, who owed back taxes to the City, County, and School District, wished to donate the property to the City of La Porte for the taxes and fees in arrears. The Planning Department was asked to review the proposal and prepare a recommendation. As proposed, the property owner would deed to the City, Block 757 in its entirety for the taxes owed as follows: Harris County $1,254.99, LPISD $2,744.00, and the City of La Porte $1,727.41. Assuming that the funds owed to the City would be paid from one account to another, the City could acquire this property for a total of $3,998.99, or approximately $0.04/sq. ft. Even though this property is in the existing 100 year flood plain, lt is certainly worth more. Currently, the City is involved in a flood control plan for Little Cedar Bayou which includes the heart of Block 757. AS a part of this plan, we have been reviewing the ultimate channel width, ultimate channel r-o-w and possible detention methods for improving this area and reducing the flood plain. Block 757 is a key part of the area and would require acquisition in the future when channel and detention improvements are made. Block 757 will be highly useable for either type of improvement. The Department also conducted a minor environmental review of the site and found that lt had never been developed and consequently should have no environmental issues to be concerned with. Based on the review, the Planning Department recommends that the City pursue acceptance of the donation in lieu of payment of all past taxes and fees due. Action Required by Council: Adopt an ordinance authorizing the City Manager accept the donation of Block 757 of the Town of La Porte for the amount of $5,726.40, to be paid for the back taxes and fees due to Harris County, La Porte Independent School District, and the City of La Porte. Availability of Funds: X General Fund _ Water/Wastewater _ Capital Improvement _ General Revenue Sharing Other Account Number: 001-601-607-900 Funds Available: YES NO Approved for City Council Agenda • • ORDINANCE NO. 94-1963 AN ORDINANCE ACCEPTING A DONATION TO THE CITY OF LA PORTE OF LOTS ONE (1) THROIIGH THIRTY-TWO (32), BOTH INCLIISIVE, BEING ALL OF BLOCK SEVEN HIINDRED FIFTY-SEVEN (757), TOWN OF LA PORTE, HARRIS COIINTY, TEBAS; AIITHORIZING PAYMENT OF ALL DELINQIIENT TAKES ON THE PROPERTY IN THE APPR08IMATE SIIM OF $5,726.40, FROM THE GENERAL FIIND; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 acceptance of a donation to the City of La Porte, of Lots One (1) through Thirty-two (32), both inclusive, being all of Block Seven Hundred Fifty-seven (757), Town of La Porte, Harris County, Texas. The sum of approximately $5,726.40 is appropriated from the General Fund of the City of La Porte, to pay the ad valorem taxes due and owing on said property. 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. ti's . • • ,ORDINANCE NO. 94- 1963 PAGE 2 PASSED AND APPROVED, this 24 day of January 1994. CITY OF LA PORTE By: N rman L. Malone Mayor ATTEST: C """C_ Sue Lenes, City Secretary APPRO i Knox W. Askins, City Attorney -~ ~, u WI E51 1 MAI• S I. u u .6 725 724 723 X722 721 48 47 WEST "A' ST. i1 752 753 754 7~5 756 25 26 WEST " B ST. i2 761 760 759 758 ~.~7~.~ 24 23 WEST "C" '~~~ST... 37 788 ~ 789 ~ 790 ~ 791 ~ 792 ~ ~ N 2 • WEST "D" ST. 38 ~ 797 coo 796 u 795 d 794 r i 793 N 120 ~1 19 ~- WEST ~" ~' ST. '~ 122 ~ 825 ~ 826 ~ 827 ~ 828 ~ 121 j 0 0 0 0 0 ~ WEST ~ " F" N ST. N 832 831 830 829 144 WEST "G" ST. •- 861 862 863 864 145 , WEST "H" ST. 868 867 866 865 168 WEST "I" ST. 897 898 899 900 169 1096 1097 1098 1094 1095 WEST "K" ST. 1138 1137 1136 1135 1134 WEST "L" ST. n n ~ ~~ u 45 28 ~r Q 21 3 c~ w 4 Q ~-- 117 124 123 142 141 147 148 I ~~ 166 165 171 172 1100 1101 1132 1131 u n r~ FAIRMONT PARKWAY • // RE T FOR CITY COUNCIL AGEND TEM Agenda Date Requested: January 24, 1994 Requested By: R. Herrera Department: Administration Report Resolution XXXX Ordinance Exhibits: Ordinance No. 94-1964 Agreement to Transfer Lease Transmittal Letter from City Attorney SUMMARY & RECOMMENDATION The City leases property, at the La Porte Municipal Airport, to Bayport Aviation for the purpose of operating a Fixed Base Operation (FBO), dated January 1, 1985. The owner of Bayport Aviation wishes to assign the lease to Tri Star Aviation, Inc., Dan H. Maarouf, David H. Maarouf and David L. Durbin. Per the terms of the above referenced lease, the City of La Porte must give its consent to any assignment of the lease. In return for approving the assignment, the City of La Porte will receive assurances of environmental compliance on the leased property, release of liability from Bayport Aviation and Citizens Bank & Trust Company of Baytown, and various financial agreements as outlined below. First, the City will receive $17,478.62 upon the execution of the lease transfer. Second, the new lessee shall agree to pay the City as a surcharge of additional rental under the new lease agreement, the sum of $31,930.50, which shall be paid to the City in monthly installments over the next five years, and shall accrue 8~ simple interest on the unpaid principal balance. Action Required by Council: Approve Ordinance No. 94-1.46~lapproving and authorizing an agreement between the City of La Porte and Bayport Aviation, Inc.; Tri Star Aviation, Inc.; Dan H. Maarouf, David H. Maarouf, and David L. Durbin; and Citizens Bank & Trust Company of Baytown, Texas for the assignment of the City of La Porte lease with Bayport Aviation, Inc., of property at the La Porte Municipal Airport, to Tri Star Aviation, Inc., Dan H. Maarouf, David H. Maarouf, and David L. Durbin. Herrera 0 DATE Cit~i Manager ~ ~ S • ORDINANCE NO. 94- 1964 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA FORTE AND BAYPORT AVIATION, INC.; TRI STAR AVIATION, INC.; DAN H. MAAROUF, DAVID H. MAAROUF, AND DAVID L. DURBIN; AND CITIZENS BANK & TRUST COMPANY OF BAYTOWN, TEXAS, FOR THE ASSIGNMENT OF THE CITY OF LA FORTE LEASE WITH BAYPORT AVIATION, INC., OF PROPERTY AT THE CITY OF LA PORTS MUNICIPAL AIRPORT, TO TRI STAR AVIATION, INC., AND DAN 8. MAAROIIF, DAVID H. MAAROUF, AND DAVID L. DURBIN; HARING VARIOIIS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ~~ i • ORDINANCE NO. 94- 1964 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 24th day of January, 1994. CITY OF LA PORTE By: Orman" L. Malo e, Mayor ATTEST: Sue Lenes, City Secretary APPROVED: ~~ C~ Gfn'~J~ Knox W. Askins, City Attorney • • ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORTE, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG January 26, 1994 Mr. George Sheffield, President Bayport Aviation, In . 410 Fairmont Parkwa , Suite G La Porte, Texas 7 571 Mr. Dan H. Maaro 5354 Apple Bloss m Friendswood, Te as 77546 Mr. David L. D rbin 3402 Hollsbro k Ct. Sugar Land, exas 77478 Mr. Warren rown Attorney a Law 512 East th Houston, X 77008 Mr. Conr d Magourik, President Citizen Bank & Trust Co. P.O. Bo 150 Baytow Texas 77522 Mr. J seph M. Van Nest Ross, Banks, May, Cron & Cavin 9 Gr nway Plaza, Suite 2014 Hous on, Texas 77046-0967 Gentlemen: s ~- ~'~' TELEPHONE 713 471-1886 TELECOPIER 713 471-2047 Each of you will find enclosed fully signed copy of agreement between the City of La Porte; Bayport Aviation, Inc.; Tri Star Aviation, Inc.; and Dan H. Maarouf, David H. Maarouf, and David L. Durbin; and Citizens Bank and Trust Company of Baytown, Texas. Also attached to the letter is certified copy of City of La Porte ordinance approved January 24, 1994, approving this agreement on behalf of the City of La Porte. Very truly yours, nox W. Askins City Attorney City of La Porte • STATE OF TEXAS COUNTY OF HARRIS AGREEMENT • This Agreement made and entered into by and between the City of La Porte, a municipal corporation of Harris County, Texas, hereinafter called "City"; Bayport Aviation, Inc., a Texas business corporation, hereinafter called "Bayport"; Tri Star Aviation, Inc., a Texas business corporation, and Dan H. Maarouf, David H. Maarouf, and David L. Durbin, hereinafter collectively called "Lessee"; and Citizens Bank & Trust Company of Baytown, Texas, hereinafter called "Bank". I. City has heretofore entered into that certain Agreement of Lease for Fixed Base Operation at the City of La Porte Municipal Airport, as_Lessor, with Bayport Aviation, Inc., as Lessee, which Agreement of Lease is dated January 1, 1985, hereinafter called "Lease", reference to which is here made for all purposes. Bayport Aviation, Inc. has heretofore entered into an Assignment of "Lease" for financing purposes with Citizens Bank & Trust Company of Baytown, Texas, dated the 23rd day of September, 1988, hereinafter called the "Bank Assignment", reference to which is here made for all purposes. Bayport Aviation, Inc. has entered into agreement dated the day of , 1993, with Tri Star Aviation, Inc. for sale of certain assets of Bayport to Tri Star, and the assignment of Bayport's Lease to Tri Star at City's Municipal Airport, which assignment of lease is subject to approval of City. For and in consideration of the mutual covenants and agreements herein contained, the parties have entered into this Agreement, and do hereby mutually undertake, promise and agree, each for itself and its successors and assigns, as follows: II. Pursuant to the terms and provisions of a separate agreement between Bayport and Tri Star, Bayport has assigned to Tri Star, its Agreement and Lease for Fixed Base Operations at the City of La Porte Municipal Airport, effective February 1, 1994. City agrees to approve said assignment under the terms as provided by Article X of the Lease upon the terms, conditions, and provisions of this Agreement. All provisions of the Lease shall be fully binding upon Lessee. Revised: January 24, 1994 • • III. THE PROPERTY IS HEREBY LEASED "AS IS", "WHERE IS" AND WITH ALL FAULTS AND CITY MAKES NO REPRESENTATIONS OR WARRANTY WHATSOEVER WHETHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE PROPERTY, THE AVAILABILITY OF UTILITIES, ACCESS OF THE PROPERTY TO PUBLIC ROADS, APPLIANCES OR THE CONDITION, ADEQUACY OR SUITABILITY OF THE PROPERTY FOR PURPOSES. LESSEE AGREES THAT LESSEE IS NOT RELYING ON ANY WARRANTY OR REPRESENTATIONS OF CITY OR ANY AGENT, EMPLOYEE, REPRESENTATIVE, DIRECTOR OR OFFICER OF CITY, AND THAT LESSEE IS LEASING THE PROPERTY "AS IS", "WHERE IS" SUBJECT TO ALL FAULTS AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, MATERIALS, WORKMANSHIP, GOOD AND WORKMANLIKE CONSTRUCTION, DESIGN, CONDITION, HABITABILITY, TENANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR THE ENVIRONMENTAL CONDITION OF THE PROPERTY AND THE PRESENCE OF OR CONTAMINATION BY HAZARDOUS MATERIALS AND CITY HEREBY DISCLAIMS ANY SUCH WARRANTY. LESSEE HAS DETERMINED ON LESSEE'S BEHALF (I) THE PHYSICAL CONDITION OF THE PROPERTY AND THAT THERE IS NO DEFECT OR CONDITION WHICH IS UNACCEPTABLE TO LESSEE, (II) WHETHER ANY PORTION OF THE PROPERTY LIES IN ANY FLOOD PLAIN, FLOOD WAY OR SPECIAL FLOOD HAZARD AREA, (III) WHETHER ANY GEOLOGICAL FAULT OR UNSATISFACTORY SOIL CONDITION EXISTS ON ANY PORTION OF THE PROPERTY, AND (IV) THAT ALL ENVIRONMENTAL CONDITIONS RELATING TO THE PROPERTY ARE ACCEPTABLE TO LESSEE. IV. Lessee acknowledges its understanding of applicable state and federal regulations concerning the abandonment and removal of UST's, and Lessee hereby agrees, obligates and binds itself to City, to accept full responsibility for the remediation of all environmental matters on the leased premises, including but not limited to the five (5) UST's on the leased premises, and surrounding area, and to promptly correct and remediate any violations of state or federal environmental regulations concerning the leased premises, including but not limited to the five (5) UST's, and any hazardous material, on the leased premises. Lessee agrees to save and hold harmless City from any loss, claim, or liability, arising out of Lessee's failure to remediate any environmental matters on the leased premises in accordance with state and federal regulations. V. Bayport fully and finally releases City from any loss, claim or liability, under the terms and provisions of the Lease, and arising out of its operations at the City's Municipal Airport, and Bayport agrees to save and hold harmless City from any loss, claim, or liability therefor. 2 VI. • Bank agrees to dismiss the City, with prejudice, as a party from that certain litigation styled No. 93-49245, Citizens Bank & Trust Company of Baytown vs. Bayport Aviation, Inc. and the City of La Porte - In the 215th Judicial District Court of Harris County, Texas, with no court cost to be adjudged against City. VII. The cash sum of $17,478.62 shall be paid by Bayport to City, in certified funds, upon the execution hereof , which represents all sums due by Bayport to City through January 31, 1994, under the terms and provisions of said Lease. VIII. Lessee shall pay to City, for and as a surcharge of additional rental under the terms and provisions of said Lease Agreement, the sum of $31,930.50, to be paid by Lessee to City in 59 monthly installments of $650.00 each, the first of such monthly installments to be due and payable on or before March 1, 1994, and continuing for 59 consecutive calendar months, with the 60th and final monthly installment of $466.30, to be due and payable on February 1, 1999, each of such installments including 8% simple interest on the unpaid balance of principal. Said payments shall be considered a rental-surcharge on the Lease Agreement, and default on the surcharge payment will constitute a default of the Lease. Default in payment of any surcharge payment shall, at the option of City, accelerate the maturity of the total balance of surcharge payments then due. IX. Bayport's personal property taxes due and owing to the City of La Porte for calendar years 1991 through 1993, shall be paid by Bayport at closing. x. Bank joins in the execution hereof to evidence its consent and approval to the terms and provisions of this Agreement. Lessee, Bank, and City have previoulsy executed a separate "Assignment of Lease", a true and correct copy of which is attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. 3 WITNESS OUR HANDS, effective the 1st day of January, 1994. CITY OF LA PORTE By ~ ~o T• ~~~ Robert T. Herrera City Manager BAYPORT AVIATION, INC. By: s George Sheffield President LESSEE TRI ST~~,AVIATION, INC. By : ~~ Wit.' %~ ~-~.-.-/- Name: r ~ ~ ~' ii ~>>,+;~~~,- - Title: bra ;~__~ ~~ Dan H. Maarouf David H. Maar f David L. Durbin CITI E NK T(( T COMPANY ay : ~ 1 ~,~,~, 1 r w;~{~ ~ ~'n~ev~ v ~ +-~ President 4 CITI~EhdS EaPdl TEL~~13~1~_;81~11 J~~-~ <5''~4 1Ci::J~J Pdo.Cil~ F'.U2 i ~ _~ • Asslc~rrr c~F r.~:crts THE STATE OF TEXAS X X COUNfY OF HARRIS X Wf1EttEAS, on the 3n1 day of February, 1987, SAYPOt2T AVIATION, INC;., a Texas business corporation, did execute and deliver its certain promissory note described as follows, to-witr One promissory note dated February 3, 1987, for the original principal amount of $350,000.00, bearing interest at the variable rate of 2$ per annum above the prinxa rate as described in said note, due acid payable to the order of Sayshore National Sank of La Porte, in nr~nthly installments of X9,8'11.25 each, including principal and accrued interest, the first such installment of $4,621.25 being due and payable on March 5, 1987, and said promissory note finally maturing on February 5, 1997; and which said note is secured by a Security Agreement of even date with said pranissory note, whereby 13AY1~OItT AVIATION, INC., hereinafter in this description of collateral called "Debtor", granted to SAYSt#017E NATIONAL SANK OF LA POIYI'F, hereinafter in this description of collateral called "Secured Party", a security interest in and to the following property, to-twit: AGGOUNPS: All accounts now awned or existing as well as any and all that may hereafter arise or be acquired by Debtor, and all the proceeds and products thereof, including without limitation, all notes, drafts, accep- tances, instr~m-ents and chattel paper arising therefrom, and all returned or repossessed goods arising fran or relating to any such accounts, or other proceeds of any sale or other disposition of inventory; INVFN1gRY: All of Debtor's inventory, including all goods, merchan- dise, raw materials, goods in process, finished goods and other tangible personal property now owned or hereafter aegtrired and held for sale or lease or furnished or ~o be furtilahed under contracts for service or used or consumed in Debtor's business and all additions and accessions thereto and contracts with respect thereto and all docwoents of title evidencing or ``---~'- representing any paxt thereof, and all products grad proceeds thereof, including, without limitation, all of such which is naw or hereafter located at the following locations: 10615 West Main Street, La Porte, Texas 77571, Harris County, Texas, or wherever else located; FIXT[JRFS: All of Debtor's fixtures and appurtenances thereto, and such other goods, chattels, fixtures, equipment and personal property affixed or in any manner attached to the real estate and/or building(s) or structure(s), including all additions and accessions t]iereto and replace- ments thereof acrd articles in substitution therefor, howsoever attached or affixed, located at the following locations: See attached Exhibit "A" for legal description. The record owner of the real estate is City of La Porte; DQUIPMENT: All equipment of every nature and description whatsoever now owned or hereafter acquired by Debtor including all appurtenances and additions thereto and substitutions therefor, wheresoever located, in- cluding all tools, parts and accessories used in connection therewith; CITIZEI•IS BA1••IK .r `Y ASSIC3~II~NT OF LEASEHOLD IMPROVII•iJ~l'T'S AND ASSI(~II~IL:NT OF AIRPOFQ LF.A.SE FRAM CITY OF IAA PORT; and further, notice of such security interests being evidenced as follows: Financing Statement filed in the office of the Texas secretary of State on July 28, 1986, under Texas Secretary of State File No. 86-224329, showing InterFirst Bank Pasadena as Secured Partyi assign- ment to eayshore National Built filed on February 12, 1987, under File No. 624435] Financing State~rient No. 87-040708 filec9 in the office of the Texas 5ecretaYy of State on February 12, 1987; Financing Statement No. 87-0408893 filed in the office of the Texas Secretary of State on February 12, 19871 Financing Statement recorded under Harris County Clerk's File No. K982891 on February 23, 1987; Financing Statement filed February 23, 1987, in the office of the County Clerk of Narris County, Texas under Clerk's File No. K982890, being an assignment of Financing Statement originally filed by Intes- r~irst Bank Pasadena, Texas under Harris County Clerk's File No. x693163, WI~REAS, BAYPORT AVIATION, INC. has requested that CITIZENS BANK AND TRUST COMPANY OF BAYTOWN, TEXAS purchase its note hereinalwve described fran BAYSHORE NATIONAL BANK OF IAA PORTS, and said CITIZENS BANK AND TRUST COMPANY OF BAYTOWN, TEXAS is willing to purchase the same provided that all liens and security interests held by $AYSHORI; NATIONAL BANK OF LA PORTS to secure said note are transferred to it, and BAYSHORE NATIONAL BANK Ol! LA PORTS is willing to acccsnrodate BAYPORT AVIATION, INC. by transferring said note and all liens securing payment of same provided it is paid t}~e balance of said note, together with interest accrued thereon; NOW, THEREE'QRE, KNOW ALL MEN BY THESE PRESENTS, that ~1YSIiORE NATIONAL BANEC OF LA PORTS, the payee and owner and holder of that certain promissory note of BAYPORT AVIATION, INC. hereinalxrve described, for and in consideration of the sum of X353,494.46 tq it in hand paid by CITIZENS BANK ANp 'T'RUST COMPANY OF BAYTOWN, TEXAS, the receipt of which is hereby acknowledged, has sold, transferred and conveyed, and does hereby sell, transfer and convey unto slid CITIZENS BANK AND TRUST COMPANY OF BAYTOWN, TEX1~.S the hereinabove described promissory note of BAYPOIxP AVIATION, INC. and the liens securing payment of same. TD HAVE AND TO HOID the same unto CI'I'I2QdS BANK AND TRUST OGMPANY OF BAY'1C7N1N, TEXAS, its sueaessora and assigns, forever. ~lll~tl'i~ 6H1'U:. ILt~~1:,-I~_-t>141 Jd.ii _.. 'mil 1V~-1`~ Idu.~!L_~ 1 .~!-~ i ~ ~ w • It is expressly wxlerstood that this assigranent is w_it]~out recourse on BA7lSHORE NATIONAL BANK OF LA FORTE. The CITY OF LA FORTE, acting herein by its duly authorized representa- fives, joins in the execution of this ASSI(3~IEN'P O1'' LIENS for the linilted purpose of evidencing its consent to tine txansfer of the security interest of C3AYSHORE NATIONAL BANK OF IA POktTE i.n and to the AGREF~TP ANC) LEASE FOR FIXID IjASE OPERATION CITY OF LA PORTS MUNICIPAL AIRPORT dated January 1, 1985, by and between the CITY OF LA FORTE, as Lessor, and HAYPORT AVIATION, INC., as Lessee, to CITIZENS BANK AND `FAUST COMPANY OF HAYT05+1N, TEXAS, and its consent and agreement that CITIZENS BANK AND TRUST COMPANY OF BAYZCJWN, TEXAS be substituted to all the rights and authority granted to BAYSHORE NATIONAL BANK OF LA POR'i'E by ASSI(~lP OF LEASE dated February 3, 1987, and filed for record in Harris County, Texas under Clerk's File No. L012383. EXF~Cq`I~, this the ~~~ day of +~/M biw , 1988. BAYSHORE NATIONAL BANK OF LA FORTE - --ASST • -- `._~-k" /i,,.F'~ Castxxer J s M. Roberson or Vice President A'ITIaAST: ~ ~J City Secretary THE STATE OF `I'D{AS X X OOUN'PY OF HARRIS X CITY OF IA POR'1'C City Manager r Lis instrument was acknowledged before me on the ~~ 3 ~ day of t„~,. , 1988, by JAMES M. RfJI3ECtSQN, Senior Vice President of BAY ORE NATIONAL BANK OF LA FORTE, on behalf of said Bank. ~a ..-~{~ti.~.p~ NOTARY PUBLIC, STATE OF TEXAS j~~ 1.~~.~r~ Printed or typed name of notary My commission expires / ~ - ~_~ ~- ~O CITIZEhdS BAPJK ~EL ~ r'134?8£?1~1 ~' ~ '1'[IE STATE OF TEXAS ~ X OOUNPY OF HARRIS X ~an 25'9 10:~Ih P•Iu.013 F'.C~S _ sit strurent was acluiawled before me on the ~ day of ~.. 1988, vY ~ ~,~ ~ "~- . F~\~_lL2C.RlI , City Manager of CITY F LA PO , on behalf of said CITY OF LA PQRTE. c ~~.~a~/ Y LIC, STATE OF TEXAS Pr nted or type name of notary My commission expires (v2. -- /~ •- ~~ 9bj/17CBT2 L` /~ REO~T FOR CITY COIINCIL AGEND~TEM Agenda Date Requested: January 24, 1994 Requested By: Bobby L. Powell Department: Police Report X Resolution Ordinance Exhibits: Resolution The Council approved this resolution at the regular meeting on January 10, 1994. HGAC has requested that the resolution be worded to reflect that the funding is for the K-4 DARE Expansion Program. Therefore, this amendment reflecting that wording is presented. SOMMARY & RECOMMENDATION The Police Department is requesting permission to continue the Grant through HGAC for the K-4 DARE Program in LPISD. We are asking for a Resolution from Council to participate in the grant for the year 1994-95. Before the Grant can be turned in for review, we must forward a resolution approved by Council to participate in the grant. House Bill 16.540 provides for funding for Kindergarten through Fourth D.A.R.E. Expansion grant. We are only requesting personnel cost for this year which will be on a 60-40% basis. Subsequental years 4-5 will be shared 40/60 and 20/80 basis. The cost for the year 1994-95 are listed: CJD CITY Personnel $25,429 $16,953 Indirect 1,062 Subtotal $26,491 $16,953 Total Grant Request $43,444 Action Required by Council: Approve Resolution as submitted Availability of Funds: X General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (None required) Account Number: 001-502-508-101 Funds Available: _ YES _ NO **Funds will be requested in 1994-95 Budget. RESOLUTION NO. 94 - Ol-A A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA FORTE, TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE GOVERNOR~B CRIMINAL JIISTICE DIVISION FOR FUNDING TO THE CITY OF LA FORTE, TEXAS, FOR A PROGRAM KNOWN AS: KINDERGARTEN THROUGH FOURTH GRADE D.A.R.E. EXPANSION. WHEREAS, THE CITY COUNCIL OF THE CITY OF La Porte, Texas, have the moral obligation to the citizens and taxpayers of the City of La Porte, Texas, to ensure a drug free living, working and learning environment in the most efficient and coordinated way possible; and WHEREAS, the Council is aware that there are limited funds available to operate drug abuse and awareness education programs; and WHEREAS, the Council feels that the Drug Abuse Resistance Education Program that has been established in the La Porte Independent School District is a viable, workable and desirable way to further our goal of a drug-free community and will enhance the DARE PROGRAM now in place in the City of La Porte, Texas, for all children and adults alike; and WHEREAS, the Council believes that an expansion of the DARE program to grades K-4 has enhanced and improved the effectiveness. of the DARE program; and WHEREAS, the opportunity exists to fund an expansion of the DARE program in our community through the Office of the Governor of the State of Texas, Criminal Justice Division; NOW, THEREFORE BE IT RESOLVED, by the Council of the City of La Porte, Texas, that the city submit a grant request to the Office of the Governor of Texas, Criminal Justice Division, to assist in the funding for the expansion of the DARE program. PASSED AND APPROVED, this 24th day of January ,1994. County of Texas Mayo ATTEST: City Secretary • • 13 • RE T FOR CITY COUNCIL AGEND TEM Agenda Date Requested: January 24. 1994 Requested By: S. Gillett_~ Department: Public Works XXXX Report Resolution Ordinance Exhibits: Bid Tabulation and Bidders List SUNIlKARY & RECOMMENDATION Sealed bids (#0573) for an annual contract for the purchase of lime slurry were received on January 10, 1994. Lime slurry is used by the Street Division for soil stabilization in the street reconstruction and recycling programs. Bid requests were sent to three (3) suppliers, with one (1) returning a bid. The sole bid was received from Limeco, of Pearland, Texas, in the amount of $82.00 per ton, for an estimated annual expenditure of $16,400. The current price is $76.50 per ton, which represents a 7$ increase over last year's contract price. Chemlime Corporation, located in La Porte, has been the City's supplier for many years. A bid package was mailed to Chemlime. When a bid was not received from Chemlime, the City, after the bid opening, called to inquire why a bid was not submitted. Chemlime stated that they had forgotten. The remaining bidder, Texas Lime Company, has never responded to a bid invitation, primarily due to the transport cost to ship from Cleburne, Texas. Action Required by Council: Award annual contract for the purchase of lime slurry to Limeco in the amount of $82.00 per ton, for an estimated annual purchase of $16,400. Availability of Funds: XXXX General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: 001-700-701-415 Funds Available: XX YES NO Roles fC/T . Herrera Ci anacter 0 DAT •,, ~ • BIDDERS LIST LIME SLURRY BID ;0573 CHEMLIME CORPORATION 801 N. 16TH STREET LA PORTS, TX 77571 LIMECO INC . 2404 S GRAND BLVD. PEARLAND, TX 77581-4256 TEXAS LIME COMPANY P.O. BOX 851 CLEBURNE, TX 76031 BID TABULATION - LIME SLURRY • RE T FOR CITY COUNCIL AGEND TEM Agenda Date Requested: Januar 24 1994 Requested By: S. Gillett Department: Public Works XXXX Report Resolution Ordinance Exhibits: Bid Tabulation and Bidder's List SUNIl~IARY & RECOMMENDATION Sealed bids (#0574) for an annual contract for the purchase of crushed limestone were received on January 17, 1994. Crushed limestone is used by the Street Division for street base construction in the Street Reconstruction Program. Bid requests were sent to six (6) suppliers, with four (4) returning bids. Low bid was received from Vulcan/ICA Distribution, of Pasadena, for $10.37 per ton delivered, and $8.49 per ton picked up, for an estimated annual expenditure of $29,230. This represents a 1$ decrease over last year's contract price. Action Required by Council: Award annual contract for the purchase of crushed limestone to Vulcan/ICA Distribution in the amount of $10.37 per ton delivered, and $8.49 per ton picked up, for an estimated annual purchase of $29,230. Availability of Funds: XXXX General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: 001-700-701-415 Funds Available: XX YES NO Approved for City Council Agenda ~u~~c T. ~.1-e~~...f i - lit - g 3 Robert T. Herrera DATE City Manager • • BID TABULATION -FLEXIBLE CRUSHED LIMESTONE BIDDER'S LIST gSALSD BID #574 - FLEXIBLE BASE (CRUSHED LIMESTONE) PARKER LAFARGE GULF COAST LIMESTONE P. O. BOX 4508 P. O. BOX 65 HOUSTON, TX 77210-4605 SEABROOK, TX 77586 SOUTHWEST LIMESTONE P. O. BOX 488 ALVIN, TX 77512 WALKER SAND 11438 AVE P LA PORTE, TX 77571 GULF STATES MATERIALS 555 SENS ROAD LA PORTE, TX 77571 VULCAN/ICA DISTRIBUTION P.O. BOX 3008 PASADENA, TX 77501 RE T FOR CITY COUNCIL AGEND TEM Agenda Date Requested: January 24, 1994 ,, Requested By: S. Gillett Department: Public Works XXXX Report Resolution Ordinance Exhibits: Bid Tabulation and Bidder's List SUMMARY & RECOMMENDATION Sealed bids (#0575) for an annual contract to furnish wastewater laboratory testing services were received on January 17, 1994. A total of eleven (11) different tests were requested, as required by the permit provisions from the state and federal regulators, and the City's Industrial Waste Program. Bid requests were sent to eight (8) testing labs, with five (5) returning bids. Overall low bid was received from A&B Labs, of Houston, for an estimated annual expenditure of $18,572. Action Required by Council: Award annual contract for the furnishing of wastewater laboratory testing services to A&B Labs, for an estimated annual expenditure of $18,572. Availability of Funds: General Fund XXXX Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: 002-806-807-507 Funds Available: )CX YES NO Abt~roved for City Council Agenda Robert T. Herrera DATE City Manager ~. - BID TABULATION 3 WASTEWATER LAB TESTING ::... ~...:.~ ..~.~ vi.,~ .. '. ..v v:+~.~.. ' 'i'wy:a .. . ... v .. . . w :............:: ....;': n. v:::; :.:~ 'i cD3 W..v ..'uv ,.. „...u..:....,,...t .............. ..... r > t; 'i.:~4`b`< .... tt"...'~~"~ . > .: ., ~~, `~t^,e,.;.:'?ih. ~ . .. r... ~ ,.: ::> ~ t . :::. •. m?Y:'::,:^^tacW'~.4>+h.'~.¢. ..:.y....... r. . ~~`.Cy(~'eK, ~:J<?s is a~i: . .. . ..>. .. ~t~ ,...... . ... >. ....... .. ............ . t,.... ,. .....iCt b ..gyn... ^2.:.,, . . :. ,.:. .r .. . < .. .... i~: 22yy~~ 1:1i~~ ::: "•>~ '.< WR. .. ~.::...:>:. ~: TEST #1 (4S) $33.00 $31.00 $37.00 $80.00 $83.00 TEST #2 (7) $66.00 $42.00 $52.00 $700.00 $105.00 TEST #3 (12) $185.00 $216.50 $242.00 $338.00 $366.00 TEST #4 (18) $280.00 $261.50 $372.00 $558.00 $865.00 TEST #5 (1) $300.00 $276.50 $3$0.00 $566.00 $680.00 TEST #6 (12) $300.00 $436.50 $382.00 $566.00 $680.00 TEST #7 (1) $400.00 $626.50 $1,482.00 $1,491.00 $1,573.00 TEST #8 (14) $70.00 $93.75 $102.00 $168.00 $88.00 TEST #9 (4) $140.00 $128.75 $132.00 $288.00 $338.00 TEST #10 (i6) $87.00 $87.50 $112.00 $168.00 $178.00 TEST #11 (1} $2,100.00 $735.00 $3,05.00 $3,203.00 $2,1$5.00 'fC~TAA}.. ;~'18,~72 OIL: ~~~~ : ' $~5,?25~t~~ ;: ~8724,!Ot3 .... $3$,~45~i3 BIDDER'S LIST WASTEWATER LAB TESTING - SEALED BID ## 0575 ANACHEM LAB NDRC LABORATORIES 8 PRESTIGE, SUITE 104 11155 S0. MAIN ALLEN, TX 75002 HOUSTON, TX 77025 CORE LABS 10201 WESTHEIMER BLGD. HOUSTON, TX 77042 PROFESSIONAL SERVICE 6913 HWY 225 DEER PARK, TX 77536 EAST TEXAS ENVIRONMENTAL LAB P.O. BOX 859 COLD SPRINGS, TX 77331 EFEH AND ASSOCIATES 10919 SAGEWIND DRIVE HOUSTON, TX 77089 SPL LABORATORIES P.O. BOX 20807 HOUSTON, TX 77225 A & B LABS 1643 FEDERAL HOUSTON, TX 77015 • ~ ~~