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 $'9934503 HGAC f~joQ2
•
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ton Ba
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ian
develop a Comprel~ea
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new •aa~`~i=~~t~i~'`~"~'~riYt7time~ouEal•:stetua ~d . _~
treads in the Bay evosysfi~ determit~s e4uraaa of pa]lutian,
causes ofhatdtat decliaes and rises to hvimaa health, ~-d
i~,tify ealuiaons to the problems.
The i~ah~tan B~q- ATatianal ~-' ~~~ was ereat~d
b9 ~ United Stst~es Co~re$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.
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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 ~ ~ ~
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vne of consense.~ btelld-
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s grant from fhe Urntsd States ~
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shipping, business.. wiII be the beginm~g of a coordinated atad directed i`utnre far
development and gov- this c~'itical emsyst~m. ThiB ecosystem stpproach to
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•
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
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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
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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
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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
• ~ ~~