HomeMy WebLinkAbout1994-03-28 Regular Meeting
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AGENDA
REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE HELD MARCH 28, 1994,
IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT
PARKWAY, LA PORTE, TEXAS, BEGINNING 6:00 P.M.
Next Ord. 94-1975
Next Res. 94-04
1. CALL TO ORDER
2. INVOCATION BY COUNCILPERSON THROWER
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING MARCH 14, 1994
4. CONSIDER APPROVING MINUTES OF EMERGENCY CALLED MEETING MARCH
17, 1994
5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL
6. CONSIDER ORDINANCES AUTHORIZING THE EXECUTION BY THE CITY OF
LA PORTE OF INDUSTRIAL DISTRICT AGREEMENTS (Ord NO's as
follows) - R.T. Herrera
COMPANY NAME:
ARCO CHEMICAL COMPANY
TOM M.R. INC.
SOUTHWEST CHEMICAL COMPANY A/K/A
JERROLD E. LANDON, ET AL
TEXAS ELECTRIC EQUIPMENT CO., INC.
ORDINANCE NO:
93-IDA-04
93-IDA-35
93-IDA-40
93-IDA-43
7. CONSIDER APPROVING ORDINANCE GRANTING A PERMIT TO AIR
PRODUCTS, INCORPORATED TO CONSTRUCT AN EIGHT (8) INCH PIPELINE
WITHIN THE CITY OF LA PORTE (Ord. 915-LL) - S. Gillett
8. CONSIDER APPROVING ORDINANCE AUTHORIZING A CONTRACT BETWEEN
THE CITY OF LA PORTE AND FOLLIS CONSTRUCTION, INC., FOR
CONSTRUCTION OF THE BROOKGLEN MULTI-PURPOSE RECREATION CENTER
(Ord. 94-1968) - C. Harrington
9. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF LA PORTE AND THE SAN JACINTO BRANCH OF THE
GREATER HOUSTON AREA YOUNG MEN'S CHRISTIAN ASSOCIATION, FOR
THE OPERATION OF RECREATIONAL PROGRAMS IN THE BROOKGLEN
RECREATION CENTER (Ord. 94-1969) - B. Jacobs
10. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF LA PORTE AND THE LA PORTE LIVESTOCK SHOW
AND RODEO ASSOCIATION, REGARDING THE USE OF THE LA PORTE
LIVESTOCK/RODEO ARENA (Ord. 94-1970) - B. Jacobs
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11. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING A LANDLORD'S
WAIVER AND SUBORDINATION AGREEMENT DATED MARCH 28, 1994,
BETWEEN THE CITY OF LA PORTE, BAY SHORE NATIONAL BANK OF LA
PORTE, AND THE LA PORTE LIVESTOCK SHOW AND RODEO ASSOCIATION
(Ord. 94-1975) - K. Askins
12. CONSIDER AN ORDINANCE ESTABLISHING A RENTAL FEE POLICY AND
SCHEDULE FOR THE LA PORTE LIVESTOCK/RODEO ARENA; PROVIDING FOR
A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO HUNDRED
DOLLARS ($200.00) FOR EACH OFFENSE (Ord. 94-1976) - B. Jacobs
13. CONSIDER AN ORDINANCE AUTHORIZING AN AMENDMENT TO LEASE
BETWEEN CITY OF LA PORTE AND CLIFF HYDE FLYING SERVICE (Ord.
94-1977) -So Gillett
14. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON
FOR DISCUSSION
A. CONSIDER AWARDING BID FOR THE PURCHASE OF SOFTWARE TO
RENICK & COMPANY - L. Mabe
B. CONSIDER AWARDING BID FOR OFFICE FURNITURE TO HUGHES
OFFICE SUPPLY, FINGER'S OFFICE FURNITURE, B.T. MILLER AND
BAY SHORE OFFICE SUPPLY - S. Kelley
15. ADMINISTRATIVE REPORTS:
16. COUNCIL ACTION
17. 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)
MEET WITH CITY MANAGER REGARDING CONTRACTUAL MATTER
B. SECTION 2 (R) - (CONFERENCE(S) WITH EMPLOYEE(S) TO RECEIVE
INFORMATION
MEET WITH CITY MANAGER REGARDING APPOINTMENT OF HEALTH
AUTHORITY OF THE CITY OF LA PORTE
C. SECTION 2 (R) - (CONFERENCE (S) WITH EMPLOYEE (S) TO RECEIVE
INFORMATION
MEET WITH CITY MANAGER TO RECEIVE INFORMATION ON HOTEL
PROJECT
18. 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
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an item noticed in this agenda, then such closed or executi ve
meeting or session as authorized by TEX. REV. CIV. STAT. ANN. Art.
6252-17(a) (Open Meetings Act) will be held by the Council at that
date, hour and place given in the meeting notice or as soon after
the commencement of the meeting covered by the meeting notice as
the Council may conveniently meet in such closed or executive
meeting or session concerning any and all sUbjects and for any and
all purposes permitted by section 2 (c) through section 2 (r) ,
inclusive of said Open Meetings Law, including, but not limited to:
section 2(d) - For the purpose of excluding witness or witnesses
from a hearing during examination of another
witness.
section 2(e) - For the purpose of a private consultation with the
Council's attorney on any or all subjects or
matters authorized by law.
section 2(f) -
For the
exchange,
negotiated
donations.
purpose of discussing the purchase,
lease or value of real property and
contracts for prospective gifts or
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.
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MINUTES OF THE REGULAR MEETING OF
LA PORTE CITY COUNCIL
MARCH 28, 1994
1. The meeting was called to order by Mayor Norman Malone at 6: 00
P.M.
Members of citv 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 ci ty Staff Present: ci ty 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,
Director of Public Works Steve Gillett, Director of Planing
Chuck Harrington, Director of Parks and Recreation Buddy
Jacobs, Purchasing Agent Susan Kelley, MIS Manager Larry Mabe
Others Present: Steve Peterson and Deanna Breland with the
San Jacinto Branch of the Greater Houston Area Young Men's
Christian Association; Air Products Company representatives,
W. C. Allen, George E. Schmauch, Steve Losby and Real Estate
Right of Way Services, C.R. Clark; Cliff Hyde of Cliff Hyde
Flying Service; Joe and Desi Kelly, Brookglen Homeowners
Association; Charles S. Engelken, Jr., representative for
District #2 on Planning and Zoning commission and citizen Tom
Barrett
2. The invocation was given by councilperson Bob Thrower.
3. Council considered approving minutes of Regular Meeting March
14, 1994.
Motion was made bv CouncilDerson Maxwell to aDDrove the
minutes of March 14 as Dresented. Second by councilperson
Clarke. The motion carried, 9 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Maxwell, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
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Minutes Regular Meeting
La Porte City Council
March 28, 1994, Page 2
4. Council considered approving minutes of Emergency Called
Meeting March 17, 1994.
Motion was made bv councilperson McLauahlin to apDrove the
minutes of March 17 as Dresented. Second by councilperson
Thrower. The motion carried, 9 ayes and 0 nays.
Nays:
councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Maxwell, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
5. There were no citizens wishing to address council.
6. Council considered approving an ordinance authorizing the
execution by the city of La Porte of Industrial District
Agreements with Arco Chemical Company; Tom M.R. Inc.;
Southwest Chemical Company A/K/A Jerrold E. Landon, Et Al, and
Texas Electric Equipment Company, Inc.
(city Attorney Knox Askins stated he would read only one
caption for all ordinances as they are all the same only the
names of the companies are different.)
City Attorney read: ORDINANCE 93-IDA-04 - AN ORDINANCE
AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH ARCO CHEMICAL COMPANY, FOR
THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31,
2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Councilperson Cooper asked how many Industrial District
Agreements are left for passage. Ci ty Manager Robert T.
Herrera stated to Council, "All we lack are six and they are
on the way."
Motion was made bv CouncilDerson Thrower to aDprove Ordinances
93-IDA-04: 93-IDA-35: 93-IDA-40. and 93-IDA-43. Second by
Councilperson Sutherland. The motion carried, 9 ayes and 0
nays.
Nays:
councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Maxwell, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
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Minutes Regular Meeting
La Porte City Council
March 28, 1994, Page 3
7. Council considered approving an ordinance granting a permit to
Air Products, Incorporated to construct an eight inch pipeline
within the City of La Porte.
Director of Public Works steve Gillett reviewed with Council
the request from Air Products, Inc. After a question and
answer session, Mr. George E. Schmauch, Manager, Safety for
Air Products, Inc., answered Councils concerns regarding the
pipeline.
City Attorney read: ORDINANCE 915-LL - AN ORDINANCE GRANTING
A PERMIT UNDER SECTION 18-a-3 OF ORDINANCE NO. 915, "PIPELINE
TRANSPORTATION," BEING CHAPTER 18-A OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25, 1975, TO
CONSTRUCT AN 8-INCH PIPE LINE FOR THE TRANSPORTATION OF CARBON
MONOXIDE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Porter to adopt Ordinance
915-LL. Second by councilperson Gay. The motion carried, 9
ayes and 0 nays.
Nays:
Councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Maxwell, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
8. Council considered approving an ordinance authorizing a
contract between the City of La Porte and Follis Construction,
Inc., for construction of the Brookglen Multi-Purpose
Recreation Center.
Planning Director Chuck Harrington reviewed for Council the
background and recommendations of staff to accept the low bid
from Follis Construction, Inc. and the establishment of a
contingency fund for the Brookglen Multi-Purpose Center. City
Manager Robert T. Herrera reviewed the background and the
participation of the Brookglen Homeowners Association in
partnership with the City to provide additional services for
that section of town.
Motion was made bv Councilperson Cooper to approve Ordinance
94-1968 authorizina a contract with Follis Construction. Inc.
Second by Councilperson Thrower. The motion carried, 9 ayes
and 0 nays.
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Minutes Regular Meeting
La Porte City Council
March 28, 1994, Page 4
Nays:
Councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Maxwell, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
9. council considered an ordinance approving and authorizing an
agreement between the city of La Porte and the San Jacinto
Branch of the Greater Houston Area Young Men's Christian
Association for the operation of recreational programs in the
Brookglen Recreation Center.
Director of Parks and Recreation Buddy Jacobs reviewed with
Council the recommendation to approve the agreement between
the city and the YMCA for the operation of recreational
programs in the Brookglen Recreation Center.
City Attorney read: ORDINANCE 94-1969 AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA
PORTE AND THE SAN JACINTO BRANCH OF THE GREATER HOUSTON AREA
YOUNG MEN'S CHRISTIAN ASSOCIATION, FOR THE OPERATION OF
RECREATIONAL PROGRAMS IN THE BROOKGLEN RECREATION CENTER;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv CouncilDerson COODer to aDDrove Ordinance
94-1969. Second by Councilperson Maxwell. The motion
carried, 9 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Maxwell, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
10. Council considered an ordinance approving and authorizing an
agreement between the Ci ty of La Porte and the La Porte
Livestock Show and Rodeo Association regarding the use of the
La Porte Livestock/Rodeo Arena.
Director of Parks and Recreation Buddy Jacobs reviewed the
arrangements and joint venture with the Livestock and Rodeo
Association for the operation of the Livestock/Rodeo Arena.
At the request of Council and after discussion, city Attorney
Knox Askins added to the agreement the following: Section II,
second sentence - These dates, booked by January 15th each
year, subj eat; t;o t;he approval of t;he ci t;v Hanaaer or his
desiqnee. will include no more than fifteen (15) of those
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Minutes Regular Meeting
La Porte city council
March 28, 1994, Page 5
dates scheduled on Saturdays.
City Attorney read: ORDINANCE 94-1970 AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA
PORTE AND THE LA PORTE LIVESTOCK SHOW AND RODEO ASSOCIATION,
REGARDING THE USE OF THE LA PORTE LIVESTOCK/RODEO ARENA;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Maxwell to approve Ordinance
94-1970 with the amendment to the aareement as read bv the
city Attornev. Second by councilperson Cooper. The motion
carried, 9 ayes and 0 nays.
Nays:
councilpersons sutherland, Cooper,
McLaughlin, Porter, Gay, Maxwell, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
(Councilperson Sutherland requested a copy of the "noise
ordinance" be placed in his mail box at City Hall.)
11. Council considered an ordinance approving and authorizing a
Landlord's Waiver and Subordination Agreement dated March 28,
1994, between the City of La Porte, Bayshore National Bank of
La Porte, and the La Porte Livestock Show and Rodeo
Association.
City Attorney Knox Askins pointed out the legal effect of this
agreement - "The City of La Porte is agreeing that the Bank
has a lien on the collateral. The worst possible case, if the
Bank does not get paid they will come get their collateral.
In no way does this make the City responsible for the payment
of the loan."
City Attorney read: ORDINANCE 94-1975 AN ORDINANCE
APPROVING AND AUTHORIZING A LANDLORD'S WAIVER AND
SUBORDINATION AGREEMENT DATED MARCH 28, 1994, BETWEEN THE CITY
OF LA PORTE, BAY SHORE NATIONAL BANK OF LA PORTE, AND THE LA
PORTE LIVESTOCK SHOW AND RODEO ASSOCIATION; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion was made bv Councilperson Clarke to pass Ordinance 94-
1975 as read bv the citv Attorney. Second by councilperson
Cooper. The motion carried, 9 ayes and 0 nays.
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Minutes Regular Meeting
La Porte City Council
March 28, 1994, Page 6
Nays:
Councilperson sutherland, Cooper,
McLaughlin, Porter, Gay, Maxwell, Clark
Malone
None
Thrower,
and Mayor
Ayes:
12. Council considered an ordinance establishing a rental fee
pOlicy and schedule for the La Porte Livestock/Rodeo Arena;
providing for a penalty of a fine not to exceed the sum of two
hundred dollars for each offense.
Director of Parks and Recreation Buddy Jacobs reviewed with
Council the provisions for rental fees for the Livestock/Rodeo
Arena
City Attorney read: ORDINANCE 94-1976 AN ORDINANCE
ESTABLISHING A RENTAL FEE POLICY AND SCHEDULE FOR THE LA PORTE
LIVESTOCK/RODEO ARENA; PROVIDING FOR A PENALTY OF A FINE NOT
TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH
OFFENSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Clarke to aDDrove Ordinance
94-1976 as read by the citv Attornev. Second by Councilperson
Thrower. The motion carried, 9 ayes and 0 nays.
Ayes:
Councilpersons Sutherland, Cooper,
MCLaughlin, Porter, Gay, Maxwell, Clarke
Malone
None
Thrower,
and Mayor
Nays:
13. Council made the decision to take this item to executive
session for review.
14. Consent Agenda: - Council considered awarding bids as follows:
(A) Consider awarding bid for the purchase of software to
Renick & Company; (B) Consider awarding bid for Office
Furniture to Hughes Office Supply, Finger's Office Furniture,
B.T. Miller and Bayshore Office supply.
(Councilperson Sutherland suggested staff should submit only
the recommended low bidder and not submit an alternate low
bidder. Mr. Herrera stated, "In the past when we have visited
with Council on certain bid items, we have recommended an
alternate bid in the event one company wasn't able to perform.
The Council has implied that it would be a good policy matter
to start following in the future. I have no problem with just
sUbmitting the lowest bid meeting all specification. We
thought we were appeasing certain requests to the city Council
over the years. That is fine, and we will accept the low bid. ")
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Minutes Regular Meeting
La Porte City Council
March 28, 1994, Page 7
Motion was made bv Councilperson McLaughlin to aDDrove the
Consent Aaenda as Dresented. Second by councilperson Thrower.
The motion carried, 9 ayes and 0 nays.
Nays:
Councilpersons Sutherland, Cooper,
McLaughlin, Porter, Gay, Maxwell, Clarke
Malone
None
Thrower,
and Mayor
Ayes:
15. City Manager had no administrative reports.
16. Councilpersons McLaughlin, Gay, Clarke and Mayor Malone
brought items to councils attention.
17. Council adjourned into executive session at 7:20 P.M. to
discuss the following under V.A.T.S. - Article 6252-17, (A)
section 2 (E) (Legal): Meet with City Manager regarding
contractual matter; (B) section 2(R) - (Conference(s) with
employee(s) to receive information: Meet with City Manager
regarding appointment of Health Authority of the City of La
Porte; (C) section 2(R) - (Conference(s) with employee(s) to
receive information): Meet with City Manager to receive
information on Hotel Project. Council returned to the table
at 8: 03 P.M. and reconvened Council meeting at 8: 04 P.M., with
no action taken on item (A) Meet with City Manager regarding
contractual matter. No action taken on item (B) Meet with the
City Manager regarding the Health Authority of the City of La
Porte. No action taken on item (C) Meet with City Manager to
receive information on Hotel Project.
(Mayor stated we would now take Item 13)
13. Council considered an ordinance authorizing an amendment to
lease between City of La Porte and Cliff Hyde Flying Service.
Public Works Director Steve Gillett reviewed with council the
information on the proposed amendment for the option of
leasing two (2) T-hanger sites and one (1) unimproved site.
city Attorney read: ORDINANCE 94-1977 AN ORDINANCE
APPROVING AND AUTHORIZING AN AMENDMENT TO LEASE BETWEEN THE
CITY OF LA PORTE AND CLIFF HYDE FLYING SERVICE, INC.; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
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Minutes Regular Meeting
La Porte City Council
March 28, 1994, Page 8
Motion was made bv Counciloerson Thrower to approve Ordinance
94-1977 as read bv the citv Attornev. Second by councilperson
Maxwell. The motion carried, 8 ayes, 0 nays and 1 abstain.
Ayes: councilpersons Sutherland, Cooper, Thrower, Porter,
Gay, Maxwell, Clarke and Mayor Malone
Nays: None
Abstain: Councilperson McLaughlin
Council had some questions for Cliff Hyde regarding Cliff Hyde
Flying Service operations.
17. Council adjourned again into a second executive session at
8:14 P.M. to discuss the following under V.A.T.S. - Article
6252-17, section 2(R) - (Conference(s) with employee(s) to
receive information: Meet with City Manager regarding
contractual matter. Council returned to the table at 8:45
P. M., wi th no action being taken in the second executi ve
session.
18. There being no further business to come before the Council,
the meeting adjourned at 8:46 P.M.
Respectfully submitted,
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Sue Lenes, City Secretary
Passed & Approved this the 11th
day of April, 1994
/~h 1 tf~ 7/1 (~-
Norman L. Malone, Mayor
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ORDINANCE NO. 93-IDA-04
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH ARCa CHEMICAL COMPANY, FOR
THE TERM COKKENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. ARCO CHEMICAL COMPANY has executed an industrial
district agreement with the City of La Porte, for the ,term
commencing January 1, 1994, and ending December 31, 2000, a copy
of which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the city of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
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 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.
( '"
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ORDINANCE NO. 93-IDA-04
PAGE 2
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of March, 1994.
By:
CITY OF LA PORTE
~L4~~
'N man L. Malon
Mayor
ATTEST:
~~
Sue Lenes,
City Secretary
AP;3Z:?~
Knox W. Askins,
City Attorney
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ORDINANCE NO. 93-IDA-35
AN ORDiNANCE AUTHORIZiNG THE EXECUTiON BY THE CiTY OF LA PORTE OF
AN iNDUSTRiAL DiSTRiCT AGREEMENT WiTH TOM M.R. iNC., FOR THE TERM
COMMENCiNG JANUARY 1, 1994, AND ENDiNG DECEMBER 31, 2000; MAKiNG
VARiOUS FiNDiNGS AND PROViSiONS RELATING TO THE SUBJECT; FiNDiNG
COMPLiANCE WiTH THE OPEN MEETiNGS LAW; AND PROViDiNG AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. TOM M.R. INC. has executed an industrial district
agreement with the ci ty of La Porte, for the term commencing
January 1, 1994, and ending December 31, 2000, a copy of which is
attached hereto, incorporated by reference herein, and made a part
hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
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
ci ty 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 subj ect 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.
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ORDINANCE NO. 93-IDA-35
PAGE 2
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of March, 1994.
CITY OF LA PORTE
By:
~Mr,a/f~
man L. Malone,
Mayor
ATTEST:
~0
Sue Lenes,
city Secretary
"
APP~D: d./
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C};:IJ ,/p ~.
Knox W. Askins, .
City Attorney
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ORDINANCE NO. 93-IDA-40
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH SOUTHWEST CHEMICAL COMPANY
A/K/A JERROLD E. LANDON, ET AL, FOR THE TERM COMMENCING JANUARY 1,
1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
SOUTHWEST CHEMICAL COMPANY A/K/ A JERROLD E.
LANDON, ET AL has executed an industrial district agreement with,
the City of La Porte, for the term commencing January 1, 1994, and
ending December 31, 2000, a copy of which is attached hereto,
incorporated by reference herein, and made a part hereof for all
purposes.
Section 2. The Mayor, the city Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the city of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
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 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 ,.
e
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ORDINANCE NO. 93-IDA-40
PAGE 2
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of March, 1994.
By:
CITY OF LA PORTE
~/W/kA
No an L. Malone,
Mayor
ATTEST:
~L
Sue Lenes,
City secretary
Knox W. Askins,
City Attorney
.
e
ORDINANCE NO. 93-IDA-43
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH TEXAS ELECTRIC EQUIPMENT CO.,
INC., FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER
31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. TEXAS ELECTRIC EQUIPMENT CO., INC. has executed
an industrial district agreement with the City of La Porte, for the
term commencing January 1, 1994, and ending December 31, 2000, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
section 2. The Mayor, the city Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in section 1 hereof.
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 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 subj ect 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.
.r.'
.,
,.,
e
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ORDINANCE NO. 93-IDA-43
PAGE 2
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of March, 1994.
ATTEST:
~
-
Sue Lenes,
City secr~tary
AP~D:
~tJ
Knox W. Askins,
City Attorney
CITY OF LA PORTE
By:
~
orman L. al ne,
Mayor
~
- .~
e
e
~T FOR CITY COUNCIL AGEND~
Agenda Date Requested:
Requested By:. S. Gillett
Report
March 28. 1994
..~ Department:
Resolution
Public Works
xxxx
Ordinance
Exhibits: Ordinance No. 915 LL
Letters from Air Products, Inc.
Route Map
SUMMARY & RECOMMENDATION
Air Products, Inc. has requested a permit to construct an eight (8) inch
pipeline from its existing plant on Strang Road to Hoechst/Celanese in
Bayport. The commodity to be transported is carbon monoxide, at a maximum
pressure of 700 psig and maximum temperature of 1000 F. The proposed
pipeline is located in the Exxon Pipeline Corridor, as shown on the
attached map.
The request was accompanied by a check in the amount of $500, which
includes the initial $300 permit fee and the first $200 annual fee in
advance. The request has been reviewed, and meets all requirements of
Ordinance 915.
Action Required by Council: Approve ordinance No. 915 LL granting a permit
to Air Products, Incorporated to construct an eight (8) inch pipeline
within the City of La Porte.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Funds Available: ____yES
NO
Account Number:
Approved for city Council Aqenda
(;(~ T. ~
Robert T. Herrera
city Manager
3- ~\- '\l\
DATE
""
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ORDINANCE NO. 915-LL
AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-a-3 OF ORDINANCE NO.
915, "PIPELINE TRANSPORTATION," BEING CHAPTER 18-A OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25, 1975,
TO CONSTRUCT AN 8-INCH PIPE LINE FOR THE TRANSPORTATION OF CARBON
MONOXIDE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAPORTE:
section 1. The City Council of the City of La Porte has
-received an application dated March 9, 1994, from AIR PRODUCTS, INC.
requesting a permit under section 18-A-3 of Ordinance 915, being
Chapter 18-A of the Code of Ordinances of the City of La Porte, to
construct and operate its 8-inch pipe line for the transportation of
CARBON MONOXIDE, crossing the City of La Porte, all as shown on said
application. The application of AIR PRODUCTS, INC. has been
reviewed by the City's Director of Public Works, who has found that
said application meets all requirements of said Ordinance No. 915,
and has recommended its approval.
section 2. The City Council of the City of La Porte hereby
approves the applicaton of AIR PRODUCTS, INC., dated March 9, 1994,
and this Ordinance shall constitute a permit to AIR PRODUCTS, INC.
to operate said pipe line within the City of La Porte, all in
conformance with the requirements of said Ordinance No. 915,
contingent upon its filing with the City of La Porte prior to
commencement of construction, copies of its permits from the Texas
Department of Heghways and Transportation; Harris County; and the
Harris County Flood Control District. Any future relocation of the
pipeline herein permitted, within the City, State, or County rights-
of-way, shall be at the sole expense of permittee.
section 3. This Ordinance shall be in full force and effect
from and after its passage and approval.
e
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ORDINANCE NO. 91S-LL
PAGE 2
PASSED AND APPROVED, this the 28th day of March, 1994.
CITY OF LA PORTE
BY~~
n L. a ne, Mayor
ATTEST:
su~s, ~tary
orney
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Air Products Manufacturing Corporation
12600 Northborough Drive
Suite 196
Houston, TX 77067
Telephone (713) 873-5151
AIR I.
PRODUCTS t-y
March 9, 1994
Director of Public Works
City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
Re: Air Products Manufacturing Corporation 8" Carbon Monoxide
Pipeline.
Dear Sir:
Air Products Manufacturing Corporation plans to construct an
eight (8) inch pipeline from its existing plant on strang Road
to Hoechst/Celanese in Bayport. The pipeline is being constructed
for the transportation of carbon monoxide. The maximum operating
pressure is to be 700 psig with a maximum product temperature
of 100oF.
Attached is a route map showing the location of the pipeline
within the City of La Porte and the streets being crossed along
with detail drawings of the planned crossing of each street.
Also attached is Air Products' Draft No. 0209 in the amount
of $500.00 in payment of the initial permit fee of $300.00 and
the first "annual fee of $200.00 paid in advance.
A City of La Porte ordinance approving the construction of the
pipeline is requested.
~~ ruly lour;
/~~~
ar es t: @ark
c:
B.J.Pershall
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Air Products, Incorporated
12600 Northborough Drive
Suite 196
Houston, TX 77067-3293
Telephone (713) 873-5151
AIR ~~.,
PRODUCTS ~
March 16, 1994
Director of Public Works
City of LaPorte
P. O. Box 1115
LaPorte, Texas 77572-1115
Re: Air Products Manufacturing Corporation Eight Inch (8") Carbon Monoxide
Pipeline
Dear Sir:
By letter dated March 9, 1994, Air Products Manufacturing Corporation requested a City
of LaPorte Ordinance approving the construction ofa planned eight inch (8") pipeline
through the City of LaPorte, The pipeline is to be constructed from Air Products' Plant on
Strang Road to Hoechst/Celanese in Bayport.
We have now been informed that the pipeline is to be owned and operated by Air
Products, Incorporated instead of Air Products Manufacturing Corporation.
Attached are two (2) copies of the route map and the detail drawings of the streets being
crossed that have been revised to reflect the correct company name. No other changes
have been made on the drawings,
Please have the Ordinance prepared in the name of Air Products, Incorporated.
Thank you for your assistance,
Very truly yours,
AIR. ~RO. DU,CTS'~INCO, ORATED
IlL / /;//2
~r~/
Agent for Air Products, Incorporated
bjp3/laporte
Attachments (route map & drawings)
. . g
,QUEST FOR CITY COUNCIL AGENDA ITI
Agenda Date Requested: March 28. 1994
Requested By: Charles Harrinaton (}1'-'
Department:
Plannina
Report
Resolution
>l
Ordinance
Exhibits:
1. Ordinance
2, Bid tabulation
3. Deed to property.
SUMMARY & RECOMMENDATION
BackQround
During the FY 1994 Budget process, Council considered and authorized the construction
of a multi-purpose recreation center in the Brookglen Subdivision. As a part of this
project, the Brookglen Homeowner's Association was to provide a location for the facility.
Attached is a copy of the deed with which the land necessary to construct the building
as well as ingress/egress/joint use of the parking lot is being provided to the City.
On March 18, bids were received from seven (7) contractors to construct the pre-
engineered facility. Attached is the bid tabulation sheet for the project. As shown, Follis
Construction, Inc. was the low bidder In the amount of $80,300.00, which Is within the
budgeted amount of $87,000.00.
Recommendation
The staff recommends acceptance of the low bid of $80,300.00 from Follis Construction,
Inc. and the establishment of a contingency fund of $4,015,00 for the construction of the
Brookgien Multi-Purpose Recreation Center.
Action Required by Council:
Approve an ordinance accepting the low bid of $80,300.00 from Follis Construction, Inc.
and establish a contingency of $4,015.00 for a total available funding of $84,315.00.
Availability of Funds:
General Fund
~ Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 015-696-520-100
Funds Available: X YES
NO
Approved for City Council AQenda
R~~rre~' ~
City Manager
~-~\-qL{
DATE
,.-
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ORDINANCE NO. 94- 1968
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND FOLLIS CONSTRUCTION, INC., FOR CONSTRUCTION OF THE
BROOKGLEN MULTI-PURPOSE RECREATION CENTER; APPROPRIATING $80,300.00
PLUS A CONTINGENCY OF $4,015.00 TO FUND SAID CONTRACT; HAXING
VARIOUS 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 PORTE:
section 1. The City council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the city of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents. city Council appropriates the sum of $80,300.00 plus
a contingency of $4,015.00 from the capital Improvement Fund No.
015-696-520-100 to fund said contract.
section 2.
The City council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the city Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered and formally acted upon.
The City Council further
.-,r:.
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ORDINANCE NO. 94-1968
PAGE 2
ratifies, approves and confirms such written notice and the
contents and posting thereof.
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of March, 1994.
CITY OF LA PORTE
By:4:Yt~r~
rma . Mal e,
Mayor
ATTEST:
L
Sue Lenes,
city Secretary
~
APPROVED: I ,d
~~~
Knox W. Askins, \
City Attorney
..i:NTRACTOR 5~ 8m BOND ACKNOWLEDGE ADDENDUM CALENDAR PIUNCIPAL 8m
AtTACHED .1 DAYS TOTAL
SunbeIt Commercial Builders Yes Yes 70 $ 87,120.00
Derk Harmsen Construction Yes Yes 90 $ 98,373.00
Follis Construction Yes Yes 90 $ 80,300.00
Frost Constructors Yes Yes 90 $ 82,000.00
Commodore Construction Yes Yes 120 $ 93,650.00
Moore & Moore General Contr. Yes Yes 120 $ 123,123.00
Western Legacy Builders Yes Yes 90 $ 101,900.00
--
BID TABULATION
MARCH 18, 1994
CITY OF LA PORTE
BROOKGLEN RECREATION CENTER
CLP PROJECT NO. 93-5201
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WARRANTY DEED
Date:
January 1, 1994
Grantor:
Brookglen Improvement Association
Mailing Address:
P.O. Box 1587, La Porte, TX 77572
Grantee:
City of La Porte
Mailing Address:
P.O. Box 1115, La Porte, TX 77572
Consideration: Ten and NO/100 Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements):
A tract of land out of a 3.7177 acre tract in Reserve
"I", Block 8, Brookglen, Section 2 (Replat), Harris
County, Texas, according to the map or plat thereof
recorded in the office of the County Clerk of Harris
County, Texas, as more particularly described by metes
and bounds on Exhibit "A" attached hereto, incorporated
by reference herein, and made a part hereof for all
purposes, together with rights of ingress and egress.
Reservations from and Exception to Conveyance and Warranty: Taxes
for the current year have been prorated and are assumed by Grantee.
This conveyance is made subject to all and singular the
restrictions, conditions, oil, gas, and other mineral reservations,
easements, and covenants, if any, applicable to and enforceable
against the above described property as reflected by the records
of the county clerk of the aforesaid county.
The property shall be used solely for public park purposes as a
recreation center known as the Brookglen Recreation Center and
shall be used for no other purposes.
Brookglen Community Development Association shall have the right
to use the building without charge for regularly scheduled meetings
of the board and the members. Scheduling of the Brookglen
Communi ty Improvement Association meetings shall be gi ven
preference if scheduled six months in advance.
The property must be kept at all times in a safe, sani tary ,
healthful and properly maintained condition.
The 'reservation~ conditions, covenants~ exceptions, and
restrictions set out in this Deed and the obligations that are the
undertakings of Grantee and its successors and assigns recited in
this Deed shall be covenants running with the land and shall be
binding on Grantee and its successors and assigns.
Grantor for the consideration and subject to the reservations from
condi tions, exceptions and other matters set out in this deed
grants, sells, and conveys to Grantee the property, together with
all and singular the rights and appurtenances thereto in any wise
belonging, to have and hold it to Grantee, Grantee's heirs,
executors, administrators, successors, or assigns forever. Grantor
binds Grantor and Grantor's heirs, executors, administrators, and
successors to warrant and forever defend all and singular the
property to Grantee and Grantee's heirs, executors, administrators,
successors, and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof, except as to the
reservations from and exceptions to conveyance and warranty.
It is agreed by the Grantee that the covenant for use of the
property as a recreation center known as The Brookglen Recreation
Center, as between the parties hereto, their successors and
assigns, shall be deemed to be and construed as an express
condition subsequent, on which the conveyance is made. If Grantee
shall neglect or fail to perform and to comply strictly with such
covenant, Grantor and its successors, may at any time thereafter
serve on Grantee a notice in writing specifying the particular or
particulars in which default thereof has been made and directing
Grantee to remedy such default or breach. Should Grantee
thereafter for a period of thirty (30) days (time being of the
essence in this provision) fail fully and entirely to remedy such
default or breach, then a notice in writing may be served on
Grantee by Grantor, notifying Grantee that Grantor elects that the
title to the whole of the conveyed premises shall immediately and
without necessity of any further action on the part of Grantor,
revert to and revest in Grantor, and Grantee shall lose and forfeit
all of its rights, title, and interest in and to the whole of the
conveyed premises and to the improvements and fixtures thereon, and
Grantor shall have the right of re-entry to the conveyed premises.
In the event of reverter, Grantor shall reimburse Grantee the
appraised fair market value of the improvements and fixtures
thereon.
When the context requires, singular nouns and pronouns include the
plural.
Brookglen Improvement Association
By:
President
ATTEST:
Secretary
-2-
e
STATE OF TEXAS {
{
COUNTY OF HARRIS {
e
This instrument was acknowledged before me on the day of
, 1994, by , President
of Brookglen Improvement Association
AFTER RECORDING RETURN TO:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
-3-
Notary Public, State of Texas
PREPARED IN THE LAW OFPICE OP:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
~
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CONTRACT
e
THIS AGREEMENT, made this 28th day of r~arch .1994, by and
between the CTIY OF LA PORTE, hereinafter called "Owner", acting herein through its
City Manager and
(Title of Authorized Official)
Follis Construction, Inc.
(Name of Contracting Firm)
Strike out inapplicable terms: (a corporation) (~\opadllfulsbi,,) or (uxindOOdualxe~
awrineslxas9: Follis Constrllc:tionr Tnc:of I il Pnrtp
County of Harri s . and State of Texas, hereinafter called "Contractor".
and
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR
hereby agrees with the OWNER to commence and complete the construction described
as follows:
CITY OF LA PORTE BROOKGLEN RECREATION CENTER
BUILDING
CLP PROJECf #93-5201
hereinafter called the project, for the Unit Price of
Eighty Thousand Three Hundred Dollars and No Cents------------------------
Dollars ($ 80,300.00
) and all extra work in connection therewith, under the
terms as stated in the General and Special Conditions of the contract; and
Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and
expense, to furnish all the materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the said project
in accordance with:
A
The terms and conditions stated in the Proposal and in the General
Co~ditions, and Special Conditions of this Contract; Scope of Work
B. The plans, which include all maps, plats, blue prints, and other drawings and
printed or written explanatory matter thereof; and
CON .:
.
.
LII
.
.
."
.
.
C. The Specifications and other contract documents therefore,
as prepared by the City of La Porte, all of which are made a part hereof and collectively
evidence and constitute the contract.
The CONTRACTOR hereby agrees to commence work under this contract on or
before a date to be specified in a written ''Notice to Proceed" of the Owner aJ;ld to fully
complete the project within 90 calendar days thereafter.
The CONTRACTOR further agrees to pay, as liquidated damages, the sum of
$100.00 for each consecutive calendar day thereafter as hereinafter provided in:Paragraph
SC-6 of the Special Conditions.
IN WITNESS WHEREOF, the parties to these present have executed this contract,
each of which shall be deemed an original, in the year and day first above mentioned.
City of La Porte
Name of Owner
SEAL
A~~
Sue Lenes
r.it:y ';;prrpi-,p"y
Title
By: BolvJ: T. ~
Robert T. Herrera
City Manager
Title
.......................~.........~...~~...~~:Ji~......
SEAL //; Name ofJntractiIJiFimJ. ..
~_// BV:~j-...~.
.: f ~ Signature of Authorized Person
~_U . Presid.ent
- Witness '. Title of Authorized Person
.i \ t 1(0 8~~ 1'75-7/
Address and Zip Cod~
************************************************* **************************
Approved as to Form:
City Attorney
-
"
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.
.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
March 28, 1994
Requested By: Buddv Jacobs Department: Parks & Rec
Report Resolution XXX Ordinance
Exhibits: 1. Ordinance No.
2. Agreement between the City of La Porte &
the San Jacinto Branch of the Greater Houston Area
Young Men's Christian Association
SUMMARY & RECOMMENDATION
The Brookglen Community Improvement Association approached staff
with the possibility of the YMCA operating the proposed Recreation
Center located in the Brookglen Subdivision. The YMCA currently
operates the Association's swimming pool complex and they are very
satisfied with the arrangement. The Association feels the YMCA can
offer more and varied daytime and afternoon programs than the city
can currently offer without additional staff and costs.
The YMCA will operate programming in the Brookglen Recreation
Center with the City operating any private party rental of the
facility. The City will be responsible for general cleaning of the
building with the YMCA being responsible for cleaning after their
programs. The city will be responsible for all utilities with the
YMCA agreeing to pay one half (1/2) of the electrical costs at a
flat rate of $200.00 per month, adjusted annually by actual billing
costs). The agreement would terminate on August 31, 1995.
Through this agreement, the City would realize a savings in
personnel and programming costs in the amount of $17,500.00
annually. This estimate is based on the programming of the
Fairmont Recreation Center, a comparable facility.
For this reason, Staff recommends approval of the agreement between
the City and the YMCA for the operation of recreational programs in
the Brookglen Recreation Center.
Action Required by Council: Authorize City Manager to execute the
agreement between the City and the YMCA for the operation of
recreational programs in the Brookglen Recreation Center.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: Funds Available:
Approved for City Council Aqenda
YES
NO
G?Jw.:k T. ~
Robert T. Herrera
City Manager
'3- 'a1>-QLf
Date
to .
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ORDINANCE NO. 94- 1969
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE SAN JACINTO BRANCH OF THE GREATER HOUSTON
AREA YOUNG MEN'S CHRISTIAN ASSOCIATION, FOR THE OPERATION OF
RECREATIONAL PROGRAMS IN THE BROOKGLEN RECREATION CENTER; MAKING
VARIOUS 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 PORTE:
Section 1. The City council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty 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 subj ect 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.
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ORDINANCE NO. 94- 1969
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 28th day of March, 1994.
CITY OF LA PORTE
By:
~~~
-N an L ~ Mal ,
Mayor
ATTEST:
~LA_ ~
Sue Lenes,
City Secretary
~d~
Knox W. Askins, '
City Attorney
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AGREEMENT
THIS AGREEMENT is made and entered into by and between THE CITY OF LA
PORTE, (hereafter referred to as "THE CITY") and SAN JACINTO BRANCH OF THE
GREATER HOUSTON AREA YOUNG MEN'S CHRISTIAN ASSOCIATION (hereafter
referred to as "YMCA").
WITNESSETH
WHEREAS, THE CITY owns a recreational complex within that certain subdivision
called Brookglen, which complex is located at 3326 Somerton, La Porte, Harris County, Texas,
includes a community building; and
WHEREAS, THE CITY desires to enter into an agreement with the YMCA to operate
their facility as a YMCA and all YMCA program activities; and
WHEREAS, YMCA is capable of and willing to provide all services described in this
Agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein,
the parties agree as follows:
A.
SERVICES AND RESPONSmILITY OF YMCA
1. Scheduling. YMCA shall be responsible for scheduling all recreational activities at the
recreational complex to insure that there are no scheduling conflicts between the YMCA, THE
CITY and Brookglen, its committees and members. Dates for YMCA activities will be
reserved, in writing, on a basis to be negotiated by the parties in Section J of this
Agreement. No rental fee shall be charged by THE CITY for the dates as negotiated. YMCA
shall deny no La Porte citizen access to their programs due to the lack of ability to pay required
fees. No rental fee shall be charged to the Brookglen Community Improvement Association for
use of the facility for regularly scheduled business meetings of the Board of Directors and
membership. For the private use of the recreational facilities, THE CITY shall collect a deposit
and user fee from persons desiring to rent the facility. All rental fees shall be retained by THE
CITY. Rental of the facility shall be governed by the prevailing City of La Porte ordinances.
THE CITY shall inspect and verify the condition of the property before refunding any
deposit fee. If the property is not clean and orderly, then that portion of the deposit necessary
to cover the cost to properly clean and/or restore the property shall not be refundeJ to the user.
Each party to this agreement agrees to notify the other in case the condition of cleanliness
of the facility does not meet minimum standards of cleanliness after an event sponsored by either
party. The responsible party will immediately clean the facility.
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2. YMCA Staff. At all times during which any activities are being conducted on THE CITY
premises, YMCA shall maintain at the location of activities a sufficient number of qualified
counselors. The number of counselors on duty during activities shall be in accordance with the
ratios for the numbers of counselors for the number of children enrolled in the YMCA activities
established by the Greater Houston Area YMCA. Each counselor who is assigned by YMCA
to work on the premises shall be an employee of YMCA, shall be at least sixteen (16) years of
age, shall have successfully completed a YMCA training program given or approved by YMCA,
shall have successfully completed a CPR training program and shall be familiar with emergency
procedures. Each counselor shall, at all times while on the premises, wear some type of apparel
which identifies that person as a counselor,
3.Hours of Operation. The community building shall be open for YMCA activities at the
discretion of YMCA, with prior approval of THE CITY, according to programming needs. All
other hours will be at the discretion of THE CITY. All revenues generated from YMCA
programs will be retained by the YMCA.
The YMCA reserves the right, with the prior approval of THE CITY, to schedule
activities for groups on the weekend at the building,
B.
EXPENSES PAID BY THE CITY
1. General Cleaning. THE CITY shall be responsible for salary expense associated with the daily
general cleaning of the facility. YMCA will be responsible for cleaning the facility after all
YMCA activities.
2, Other Expenses to be Paid by THE CITY. THE CITY shall pay all electrical utilities used
in association with the activities at the recreational complex for the first three months of
operation with YMCA paying one-half (1/2) thereafter. THE CITY shall pay all telephone,
water, sewer, and gas utilities used in association with the activities at the recreational complex.
All telephone services will have toll charge call blocking. All utility charges shall be billed
directly to THE CITY with THE CITY billing YMCA monthly for its portion of the electrical
costs based on a flat rate of two hundred dollars ($200.00) per month. This flat rate will be
adjusted annually based on the actual electrical billing costs.
C.
EXPENSES PAID BY YMCA
l.Program Expenses. All expenses associated with operation of programs including staff
equipment and salaries shall be paid by YMCA.
2.Janitorial Supplies. YMCA, shall provide at its cost and expense, all chemicals, soap cleaners
and/or detergents necessary to properly clean and maintain the bathrooms and building. YMCA
shall provide at its sole cost and expense, all bathroom supplies.
3.Maintenance Equipment. YMCA shall provide and maintain on the premises throughout the
term of this Agreement the following maintenance equipment: (a) a broom, (b) mop, (c) mop
bucket, and (d) toilet brush.
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D.
REPAIRS
YMCA shall notify THE CITY in writing of the need to repair or replace any portion
of the facilities owned by THE CITY. All costs for repairs will be borne by THE CITY. If
the need to repair or replace any portion of the facilities or any item of equipment owned by
THE CITY results from the improper use or neglect of YMCA, the cost to repair or replace
such equipment shall be borne by the YMCA.
E.
ALTERATIONS AND IMPROVEMENTS
YMCA shall not erect any temporary or permanent improvements on the premises or
make any temporary or permanent modifications to or alterations of existing improvements on
the premises without the prior written consent of THE CITY,
F.
COMPENSATION
YMCA shall pay to THE CITY the sum of $1.00 during the initial term and any
extension of this Agreement for the use of THE CITY recreational facilities.
G.
TERM
This Agreement shall commence on the _ of , 1994, and shall continue in
effect until 31st day of August, 1995, unless sooner terminated. Either party may terminate the
Agreement, with or without cause, by giving forty-five (45) days written notice thereof to the
other party.
H.
INSURANCE AND INDEMNIFICATION
I.Insurance YMCA shall not commence any activities or services on the premises until it has
obtained all insurance required under this paragraph and until such insurance has been approved
by THE CITY. Insurance required consists of the following:
a. Worker's Compensation Insurance for all YMCA's employees engaged in work
on the premise in the statutory amounts.
b. Public Liability and property damage insurance taken out and maintained for the
duration of this Agreement by YMCA to protect YMCA from claims for damages
for personal injury, accidental death and to property. The amounts of such
insurance shall be as follows:
1) Public Liability Insurance. Not less than $1,000,000.00 for
injuries, including wrongful death, to anyone person and subject
to the same limits for each person.
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2) Property Damage Insurance. In an amount not less than
$100,000.00.
c. THE CITY shall be named as a co-insured under the public liability and property
damage insurance policies. All insurance required under the term of this
paragraph must be obtained through an insurance company authorized to do
business in the State of Texas, and certificates of such insurance shall be filed
with THE CITY prior to the commencement of this Agreement. YMCA shall
additionally be required to compel each of its insurance carriers to notify THE
CITY, in writing, of the insurance carrier's intent to cancel or terminate any
insurance required of YMCA under this Agreement.
2.Indemnification. YMCA shall indemnify and hold harmless THE CITY, its officers, directors,
agents, and employees from and against any and all claims, damages, losses, expenses, and
liabilities, including attorney's fees which may be asserted against or incurred by THE CITY
arising, directly or indirectly, from any activities conducted or services performed by YMCA
under this Agreement, or from any event occurring on the premises owned by THE CITY during
any period in which activities are being performed, conducted, or sponsored on the premises by
YMCA.
THE CITY shall indemnify and hold harmless YMCA, its officers, directors, agents, and
employees from and against any and all claims, damages, losses, expenses, and liabilities,
including attorney's fees which may be asserted against or incurred by YMCA arising, directly
or indirectly, from any activities conducted or services performed by THE CITY under this
Agreement, or from any event occurring on the premises owned by THE CITY during any
period in which activities are being performed, conducted, or sponsored on the premises by THE
CITY,
I.
RIGHT OF INSPECTION
THE CITY shall, at all times, have the right to enter the premises for the purposes of
inspecting the community building to insure that all items required to be maintained by YMCA
pursuant to the terms of this Agreement are being properly maintained. Inspections will be
conducted by a representative of THE CITY and a YMCA senior staff person and should not
interrupt any class. If, after reasonable notice, YMCA fails to correct any maintenance
deficiency, THE CITY shall have the right to provide the necessary maintenance at YMCA's
expense. YMCA agrees to pay THE CITY any expenses incurred by THE CITY for
maintenance which it should have performed.
J.
NOTICES
The parties designate the individuals named below as their respective agents for the
purpose of this Agreement. All notices and/or correspondence between the parties shall be
forwarded to the persons and addresses set forth below:
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To THE CITY:
Mr. Buddy Jacobs
Parks & Recreation Director
P. 0, Box 1115
La Porte, Texas 77572-1115
To YMCA:
Mr. Steve Peterson
Executive Director
San Jacinto YMCA
1716 Jasmine
Pasadena, Texas 77503
K.
MISCELLANEOUS
1. Entire Agreement. This Agreement sets forth the entire agreement of the parties and
shall supersede any and all other agreements, either oral or in writing, between the
parties hereto with respect to the subject matter of this Agreement.
2. Amendment. This Agreement may only be amended by an instrument in writing signed
by both parties.
3. Interpretation. The validity of this Agreement and any of its terms or provisions, as well
as the rights and duties herein, shall be governed by the laws of the State of Texas.
EXECUTED in duplicate originals on this the
effective as provided above.
day of
, 1994 to become
CITY OF LA PORTE
By:
Print Name:
Title:
Witnessed
By:
Print Name:
SAN JACINTO BRANCH OF THE GREATER
HOUSTON AREA YMCA
Witnessed
By:
Print Name:
By:
Print Name:
Title:
Witnessed
By:
Print Name:
YMCA THE GREATER HOUSTON AREA
By:
Print Name:
Title:
· · /0
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
March 28, 1994
Requested By: Buddv Jacobs
Report
Department:
Resolution XXX
Parks & Rec
Ordinance
Exhibits: 1. Ordinance No.
2. Agreement between City of La Porte and La Porte
Livestock & Rodeo Association
SUMMARY & RECOMMENDATION
The La Porte Livestock Show & Rodeo Association approached the
City Administration concerning the possibility of a joint venture
between the two entities to construct a cover over the Rodeo Arena.
The Association was willing to finance one-half of the cost of the
cover with the City financing the remainder.
The Agreement between the City of La Porte and the Association
formalizes the financial arrangements and, for its contribution to
the cost of the arena, the Association receives thirty (30) days
use of the arena at no cost. The Association purchased the arena
fencing and agrees to allow the use of the fencing by the general
public and for private rentals.
The City will maintain the grounds and arena cover. The
Association agrees to maintain all fencing and pens. The City will
manage all operations, rentals, and reservations of the facility.
The Association agrees to pay $10,000.00 annually to the City
until the arena construction costs are repaid. The Agreement is
for a period of thirty (30) years. Should the Association default
on its payment, a written notice will be sent. The Agreement is
null and void should the Association fail to make restitution
within 30 days.
Staff recommends approval of the Agreement between the City of
La Porte and the La Porte Livestock Show & Rodeo Association.
Action Required by Council:
Approve the Agreement with the La Porte Livestock Show & Rodeo
Association for the financing and use of the La Porte Livestock/
Rodeo Arena.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: Funds Available:
Approved for City Council Aqenda
YES
NO
G?~ T. ~
Robert T. Herrera
City Manager
'3. 'Z3.qLJ.
Date
C'"
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ORDINANCE NO. 94- 1970
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE LA PORTE LIVESTOCK SHOW AND RODEO
ASSOCIATION, REGARDING THE USE OF THE LA PORTE LIVESTOCK/RODEO
ARENA; MAKING VARIOUS 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 PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in sUbstantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the city Council was
posted at a place convenient to the public at the City Hall of the
ci ty 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.
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ORDINANCE NO. 94-1970
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 28th day of March, 1994.
CITY OF LA PORTE
By:
~~
/' h<?'
rman L. M~e,--
Mayor
ATTEST:
s~-LJ
Sue Lenes,
City Secretary
APPROVED: c6' ,,>
~ r /
~e;J .
Knox W. Askins,
City Attorney
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AGREEMENT BETWEEN THE CITY OF LA PORTE
AND THE LA PORTE LIVESTOCK SHOW AND
RODEO ASSOCIATION REGARDING THE USE
OF THE LA PORTE LIVESTOCK/RODEO ARENA
WHEREAS, the City of La Porte (the "City") is the owner and operator of the
La Porte Livestock/Rodeo Arena (the "Arena") as part of the parks and recreational facilities
of the community; and
WHEREAS, the City is constructing a structure to cover the existing Arena for
year round operations for the benefit of the citizens of La Porte; and
WHEREAS, the La Porte Livestock Show and Rodeo Association (the
"Association") has contributed funds in the amount of $ 40,000.00, which funds have been
matched by the City, toward the construction of the Arena; and
WHEREAS, the Association has agreed to continue contributing to the cost of
construction in the amount of $ 10,000.00, with matching funds from the City, per year until
the capital costs for the initial construction of the arena cover has been repaid; and
WHEREAS, the City wishes to recognize the funding that has been provided by
the Association;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as
follows:
1.
The City will manage all operations, rentals, and reservation business regarding the Arena.
The City will assume responsibility for maintenance of all structures at the Arena. The
Association will be responsible for maintenance of all fencing and pens in the Arena area either
existing or in the future. All fencing and pens purchased by the Association remain the
property of the Association. The Association agrees to the use of the arena fencing and pens
by the general public during Open Use periods and by private parties using the Arena on a
rental basis. This use will be at no cost to the City. A deposit will be required of all rental
parties which will cover any damage to the facility or arena fencing. All revenue generated
by the rental of the facility will be used to offset the City's cost of operating and maintaining
the facilities. All excess revenues will remain property of the City.
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II.
In recognition of the Association's contribution to the construction of the covered facility, the
City will provide to the Association thirty (30) rental days at no charge per calendar year.
These dates, booked by January 15th each year,~15j~Ct t() the-apl'r6VaCof the Citj/.tY1anage,D
or-l1is=-<lesrgn:e~;\ will include no more than fifteen (15) of those dates scheduled on Saturdays.
The balance of free days may involve any day of the week other than Saturday. Should the
free dates not be booked by January 15th each year, the dates will then be booked on a " First
Come, First Served" basis, Should the Association wish to utilize the Arena on dates other
than the specified thirty days, they may do so at the daily rate established for other rentals,
provided no rental has been accepted for that date. The City reserves the right to set dates for
open use of the arena.
III,
The Association shall have the non-exclusive right to sell advertisements, with prior approval
of the City, within the confines of the Arena. All proceeds from such sales will belong to the
Association. All advertisements will be constructed in accordance with th~ standards
developed by the City and the Association regarding dimensions, materials and locations. The
City reserves the right to refuse advertisements which conflict with City policies. The City
reserves the right, at the City's sole discretion, to remove any advertisements that are not
adequately maintained or fail to meet the requirements of City ordinances and/or sign
regulations, The City's lessees, other than the Association, shall have the right to erect
temporary signs for their events which temporary signs shall not cover the Association's signs.
IV.
Permits for alcoholic beverage sales will be governed by applicable State law and prevailing
City ordinances. Alcohol sales and consumption will be confined to the area designated by the
City but to generally include only the Arena and the areas used for special functions held in
conjunction with the rental of the Arena. No alcoholic beverages will be permitted to be
carried out of that designated area. All applicable state and local regulations regarding the sale
and consumption of alcoholic beverages will be strictly observed.
V,
The Association agrees to fund, in whole, all construction, labor, and material costs for the
renovation of the existing arena fencing made or agreed to by the Association Board of
Directors, All construction performed by, or at the direction of the Association must be
approved by an authorized City representative prior to the start of construction. Any additions
or improvements made at the facility must be approved by the City and must meet all
applicable City codes and regulations. Any required construction permits must be obtained by
the Association prior to start of construction,
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VI.
Use of the facility by the public will be limited to those times designated as Open Use by the
City or when the facility is not being utilized by the Association, either on one of the above
authorized dates or by an authorized rental agreement, or by any rental party.
VII.
The Association shall indemnify and hold harmless the City, its officers, directors, agents, and
employees from and against any and all claims, damages, losses, expenses, and liabilities,
including attorney's fees which may be asserted against or incurred by the City arising, directly
or indirectly, from any activities conducted or services performed by the Associatif':l under this
agreement, or from any event occurring on the premises owned by the City during any period
in which activities are being performed, conducted, or sponsored on the premises by the
Association.
The City shall indemnify and hold harmless the Association, its officers, directors, agents, and
employees from and against any and all claims, damages, losses, expenses, and liabilities,
including attorney's fees which may be asserted against or incurred by the Association arising,
directly or indirectly from any activities conducted or services performed by the City under this
agreement, or from any event occurring on the premises owned by the City during any period
in which activities are being performed, conducted, or sponsored on the premises by the City.
VIII.
The Association shall keep and maintain during the term hereof, a comprehensive general
liability policy, with the City named as an additional named insured, with limits of liability of
not less than five hundred thousand dollars ($500,000.00) combined single limit bodily injury
and property damage per occurrence. The Association shall furnish the City with a certificate
of insurance evidencing such coverage. Such insurance shall include contractual liability
insuring the indemnity agreements contained herein.
IX.
This instrument contains the entire agreement between the parties relating to the rights herein
granted and the obligations herein assumed. Any representations or modifications concerning
this agreement shall be of no force or effect excepting a subsequent modification in writing
signed by all parties hereto.
x.
This agreement will be in force for a period of thirty (30) years. The Association agrees to
pay to the City an annual amount of ten thousand dollars ($10,000.00), payable on or before
the 31st day of October, until all capital costs of the construction are retired. By agreement
of both parties, this agreement may be extended for the necessary period of time to fund any
future construction or renovation at the arena site. If the Association is late with a payment,
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the City will give written notice of default and allow the Association thirty (30) days to make
restitution. Should the Association fail to make restitution this agreement will be null and
void. Ownership of the arena fencing and pens will remain with the Association.
IN TESTIMONY WHEREOF, this instrument has been executed in duplicate counterparts,
each to have the effect of an original as follows:
(A) It has been executed on behalf of the City on the day of
, 1994, by its City Manager and attested by its City Secretary,
pursuant to an Ordinance of the City Council of the City of La Porte,
authorizing such execution; and
(B) It has been executed on behalf of the Association on the day of
, 1994, by its President and attested by its Secretary, pursuant
to authorization from the Board of Directors of the La Porte Livestock Show
and Rodeo Association, authorizing such execution.
CITY OF LA PORTE
By:
Robert T. Herrera, City Manager
ATTEST:
Sue Lenes, City Secretary
LA PORTE LIVESTOCK SHOW
AND RODEO ASSOCIATION
By:
Dee Williamson, President
ATTEST:
Donna Lynn Williamson, Secretary
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REQUEST FOR CITY COUNCIL AGENDA ITEM
March 28, 1994
Agenda Date Requested:
Requested By: Buddy Jacobs
XXX Report
Department:
Resolution
Parks & Rec
Ordinance
Exhibits: 1. Ordinance No.
2. Landlord's Waiver and Subordination Agreement
SUMMARY & RECOMMENDATION
The La Porte Livestock Show & Rodeo Association secured
Bayshore Bank to purchase rodeo arena fencing and pens.
and fencing were erected on the city's property.
a loan from
These pens
Through the Landlord's Waiver and Subordination Agreement, the City
acknowledges the Bank's security interest in the collateral used by
the Association to secure the loan; i.e. the fencing and pens. The
City agrees to disclaim any interest, privilege, or right in or to
the collateral as long as there remains a sum owing to the bank by
the Association. This agreement is terminated upon full payment to
Bayshore Bank all outstanding funds owed by the Association.
Staff recommends City Council authorize the City Manager to sign
and execute this Landlord's Waiver and Subordination Agreement
between the City of La Porte, the La Porte Livestock Show & Rodeo
Association, and Bayshore Bank.
Action Required by Council:
Authorize City Manager to sign and execute the Landlord's Waiver
and Subordination Agreement as recommended by Staff.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
Approved for City Council Aqenda
G?~ T, ~
Robert T. Herrera
City Manager
~wlq-qlt
Date
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ORDINANCE NO. 94- 1975
AN ORDINANCE APPROVING AND AUTHORIZING A LANDLORD I S WAIVER AND
SUBORDINATION AGREEMENT DATED MARCH 28, 1994, BETWEEN THE CITY OF
LA PORTE, BAYSHORE NATIONAL BANK OF LA PORTE, AND THE LA PORTE
LIVESTOCK SHOW AND RODEO ASSOCIATION; MAKING VARIOUS 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 PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty 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.
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ORDINANCE NO. 94- 1975
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 28th day of March, 1994.
CITY OF LA PORTE
By:4~~
Mayor
ATTEST:
~
~
Sue Lenes,
City Secretary
APPROVED: ~
L' ~~ (
(~~ t/f/. {e /~
Knox W. ASkins, '
City Attorney
..
,
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LANDLORD'S WAIVER AND SUBORDINATION AGREEMENT
STATE OF TEXAS {
{
COUNTY OF HARRIS {
WHEREAS, the City of La Porte, a municipal corporation of
Harris County, Texas, (the "Undersigned"), is owner of the property
commonly known as the City of La Porte Livestock/Rodeo Arena, and
more particularly described on Exhibit "A" attached hereto and made
a part hereof for all purposes (the "Premises"); and
WHEREAS, Bayshore National Bank of La Porte (the "Bank") has
entered into a security agreement with the La Porte Livestock Show
aM... ~deo Association (the "Borrower") dated the .:zq+i- day of
~~~ary. 1994, wherein the Bank is granted a security interest in
all or part of the Borrower's personal property, including, but not
limited to, certain fencing and livestock pens (the "Collateral"),
to be utilized by the Borrower on the above described property
owned by the Undersigned; and
WHEREAS, the Collateral is or may be located at the above
described premises and the Undersigned is a party to an "Agreement
between City of La Porte and the La Porte Livestock Show and Rodeo
Association regarding the use of the La Porte Livestock/Rodeo
Arena," on said Premises, and Bank is willing to make extensions
of credit to Borrower only if the Undersigned will consent to
Bank's security interest in the Collateral and disclaim and waive
any interest therein:
NOW, THEREFORE, in consideration of the sum of One Dollar
($1.00) in hand paid to the Undersigned the receipt whereof is
hereby acknowledged the Undersigned intending to be legally bound
hereby, agrees as follows:
The Undersigned consents to Bank's security interest in said
Collateral and disclaims and waives any interest, privilege or
right of the Undersigned therein, such consent, waiver, and
disclaimer to continue so long as any sum remains owing from
Borrower to Bank, including but not limited to any contingent fees,
expenses, or interest charges therefore owing thereon and any
further sums hereafter advanced by Bank, and Bank may at any time,
either before or after foreclosure of the lease held by the
Undersigned, enter said Premises, or any other premises where the
Collateral may be found and may remove it. Said Collateral shall
at all times be personal property and shall not constitute fixtures
or be part of said premises and shall not be subject to the lien
of or security interest contained in the above described agreement
or statutory landlord's lien, and the provisions hereof shall apply
notwithstanding that any such Collateral may be attached or affixed
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to said Premises; provided, however, that in the event Bank removes
any such collateral, Bank shall be responsible for, and agree to
promptly repair any damage to said Premises as a result of any such
removal. The Undersigned will not seek to levy execution on the
collateral and will notify any assignee of its lease of the
existence of this disclaimer and waiver, which shall be binding
upon the successors and assigns of the Undersigned, and shall inure
to the benefit of the successors and assigns of the Bank.
. ~&L M Q..re l
EXECUTED th1S~ day of ~cbruary, 1994.
CITY OF LA PORTE
By:
G?~ T l~
Robert T. Herrera
City Manager
"Undersigned"
By:
BAY SHORE NATIONAL BANK
OF LA PORTE
~
Albert D. Fields
President
"Bank"
LA PORTE LIVESTOCK SHOW
AND RODEO ASSOCIATION
By:
-
tifiw 1/ I. ,U. ..-
UJj...)::.-t:.A..4/YJ1..,(U~
Dee illiamson
President
"Borrower"
2
e e
STATE OF TEXAS {
{
COUNTY OF HARRIS {
M~r-el This instrument was acknowledged before me on the.c:(q+1I., day of
February, 1994, by Robert T. Herrera, City Manager of the city of
La Porte, on behalf of said City.
I:.~:~., CAROl BUTTLER ~
:*: * :*: NOTARY PllI.JC g
~. ". ....: STATE Of TEXAS 8
~~',=i' COMMISSION EXPIRES 0&-11-978
OOOOOOOOOO0000OOOOOOOOOO00000000008
STATE OF TEXAS {
{
COUNTY OF HARRIS {
r.nAo~l This instrument was acknowledged before me on the~/lt/ day of
"~~ar~, 1994, by Albert D. Fields, President of Bayshore National
Bank of La Porte, on behalf of said Bank.
STATE OF TEXAS {
{
COUNTY OF HARRIS {
This instrument was acknowledged before me on the)lg1H day of
February, 1994, by Dee Williamson, President of La Porte Livestock
Show and Rodeo Association, on behalf~l.~~on.
Notary Public, State of Texas
3
~.
r:;'?*--;-"'~"'~'\\ CAREN E. BRUNEll.
I. \, f 11 Notaly Public. Slale of Texas
\ . .~
<i:.i~~._"~~"''''/ My Commission Expires 06-04.9(
~...!.-..
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Tract 1:
Outlot 400, Town of La Porte, in the Enoch
Brinson Survey, Abstract No.5.
Tract 2:
That portion of Outlot 399, of La Porte
Outlots, as recorded in Volume 61, Page 374,
of the Deed Records of Harris County" Texas,
described in deed from Robert Lynn Reeves, to
City of La Porte, dated April 7, 1983, and
recorded under Harris County Clerk's file No.
H894948.
Exhibit "A"
· · ..10
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REQUEST FQR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March
Requested By: ~ Jacobs
Report
28, 1994
Department:
Resolution X
Parks & Rec
Ordinance
Exhibits:
Ordinance No.
SUMMARY & RECOMMENDATION
An ordinance establishing rental fees for the La Porte
Livestock/Rodeo Arena as follows:
Monday - Thursday, 8 a.m. to 11 p.m.
Friday - Saturday, 8 a.m. to 12 midnight
Sunday, 8 a.m. to 11 p.m.
$150
$200
$200
Alcohol permits for beverage sales will be governed by applicable
State law and City ordinance.
The City will provide to the La Porte Live Stock Show and Rodeo
Association thirty (30) rental days at no charge per calendar year,
in appreciation of the Association's contribution.
Action Required by Council:
Approve Ordinance No. ___ establishing rental fees for the La
Porte Livestock/Rodeo Arena.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number:
Funds Available:
YES
NO
Approved for City Council Aqenda
G?~ \, ~
Robert T. Herrera
City Manager
'). '1.")- q l{
Date
,----)
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ORDINANCE NO. 94- 1976
AN ORDINANCE ESTABLISHING A RENTAL FEE POLICY AND SCHEDULE FOR THE
LA PORTE LIVESTOCK/RODEO ARENA; PROVIDING FOR A PENALTY OF A FINE
NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH
OFFENSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council of the City of La Porte, by this
ordinance, establishes a rental fee policy and schedule for the La
Porte Livestock/Rodeo Arena (Arena). The Arena must be rented for
any event when entry fees or admission fees are charged.
City
Council hereby establishes its firm policy, in fairness to all
users, that no waiver of rental fees, discounts from rental fees,
or deviations from this published schedule of rental fees, shall
be allowed by City Council nor by City Administrative staff.
section 2. The Arena shall be available for rental, Monday
through Sunday, as follows:
Monday - Thursday, 8:00 a.m. - 11:00 p.m................. .$150
Friday - Saturday, 8:00 a.m. - 12:00 midnight.............$200
Sunday, 8:00 a.m. - 11:00 p.m............................ .$200
The Arena may not be rented on the following holidays:
Thanksgiving, Christmas Eve, Christmas Day, New Years Day, Good
Friday, and Easter Sunday.
Lessees requiring additional time for move-in, move-out, or
rehearsal, prior to or immediately following an event, extending
to an additional day or days, will be charged one-half (1/2) of the
applicable full time rate, providing the arena is not rented. The
City will not be responsible for any items left on the premises.
Section 3. It shall be the responsibility of the Director of
Parks and Recreation, or his designee, to determine the number of
security officers required for each event and to arrange for such
ORDINANCE NO.
94-_6
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security service. The security charge will be the City's actual
cost and will be in addition to the rental rate.
section 4. Reservations for use of the Arena may be made
either by phone or in person at the Parks and Recreation
Administration office or any other place that may be designated
from time to time. Reservations must be accompanied by a
Reservation and Damage Deposit of $100.00. The Reservation and
Damage Deposit will reserve the facility for the Lessee until
rental payments are made and will provide protection to the Lessor
for any damage to the Arena caused by Lessee. Rental payment and
security deposit shall be paid in full no later than fourteen (14)
days prior to the event. The Reservation and Damage Deposit will
be refunded to the Lessee within fifteen (15) days after the event,
less any deductions for damages incurred.
section 5. Rental dates that are cancelled shall provide
written notice of the cancellation to the City at least two (2)
weeks prior to reservation date in order to receive a full refund.
section 6. Rental of the Arena will be subject to reasonable
rules and regulations, which shall be promulgated by the Director
of Parks and Recreation or his designee, with the approval of the
City Manager. The City of La Porte reserves the right to refuse
rental of the Arena to any person, firm, or group, for lewd or
immoral purposes, or when the activities of such group may
reasonably be expected to result in a breach of the peace, or cause
a threat to pUblic health or safety.
section 7. The Arena may be used by the general public when
rentals are not scheduled.
section 8. The Parks and Recreation Director or his designee
ORDINANCE NO. 94-~76
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shall promulgate liability insurance requirements for Lessees.
section 9. Permits for alcoholic beverage sales will be
governed by applicable state law and prevailing City ordinances.
Alcohol sales and consumption will be confined to the area
designated by the City but to generally include only the Arena and
the areas used for special functions held in conjunction with the
rental of the Arena. No alcoholic beverages will be permitted to
be carried out of that designated area. All applicable state and
local regulations regarding the sale and consumption of alcoholic
beverages will be strictly observed.
section 10. Neither the City of La Porte, nor its Lessees,
shall make any charge for parking at the Arena.
section 11. The ci ty of La Porte has entered into an
agreement with the La Porte Live stock Show and Rodeo Association,
under the terms of which the City will provide to the Association
thirty (30) rental days at no charge per calendar year, in
recognition of the Association's contribution to the construction
of the covered facility.
section 12. Any person who violates a provision of this
Ordinance, upon conviction in the municipal court of the City of
La Porte, shall be subject to a fine not to exceed two hundred
dollars ($200.00). Each day of violation shall be considered a
separate offense.
section 13. 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
ci ty for the time required by law preceding this meeting, as
ORDINANCE NO. 94-4la76
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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 subj ect 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 14. This Ordinance shall be effective from and after
its passage and approval, and publication of its caption as
provided by law.
PASSED AND APPROVED, this 28th day of March, 1994.
CITY OF LA PORTE
By:
~~~~
/N rman L. Malone,
Mayor
ATTEST:
L
Sue Lene~
City Secretary
L/
AP~:d d
Knox W. ASkins,
City Attorney
"
e
· /3
~ST FOR CITY COUNCIL AGEND~
Agenda Date Requested: March 28. 1994
Requested By: s. Gillett ~ Department:
Report Resolution
Public Works
xxxx
Ordinance
Exhibits: Ordinance No. 94-
Amendment to Lease
SUMMARY & RECOMMENDATION
Cliff Hyde Flying Service, Inc, (Lessee) has requested the city to grant an
option to lease two (2) T-hanger sites and one (1) adjacent unimproved
site, identified on Exhibit A of the proposed Lease Amendment. The
proposed Amendment is in the form of an option, granted upon payment of
$500, for the phased construction of two (2) ten space T-hangers, and
associated activity on the unimproved site.
The initial option is for one (1) year, expiring on March 31, 1995. The
option may be extended for an additional four (4) years for an additional
option fee of $250 per year. The Lessee must commence construction of at
least one T-hanger within the first year, and complete within 120 days, to
continue the option agreement. Additionally, the options granted are in
the form of first right of refusal, upon thirty (30) days written notice by
the City of other lease requests for the same site(s).
The Lessee agrees to pay the City an amount equal to $335.00 per year per
T-hanger site, adjusted annually to the CPI, plus $144.00 per unit for each
ten unit T-hanger constructed (sites 1 & 2). The Lessee additionally
agrees to pay the City an amount equal to $1,242.30 per acre per year for
the unimproved site (Site 3 on Exhibit A), adjusted annually to the CPI.
Action Required by Council: Approve Ordinance No. 94-
authorizing and amending a lease between the city of La
Hyde Flying service, Inc. for the option of leasing two
and one (1) unimproved site as identified on Exhibit A.
approving and
Porte and Cliff
(2) T-hanger sites
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Funds Available: _YES
NO
Account Number:
ApDroved for city Council Aqenda
G?J~ T, ~
Robert T. Herrera
city Manager
3. 113 .q't
DATE
:::l
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ORDINANCE NO. 94- 1977
c
AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO LEASE
BETWEEN THE CITY OF LA PORTE AND CLIFF HYDE FLYING SERVICE, INC.;
MAKING VARIOUS 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 PORTE:
section 1. The city Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty 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 subj ect 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.
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ORDINANCE NO.9" - 1977
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 28th day of March, 1994.
CITY OF LA PORTE
By:
Jh?/~{~
Norman L. Mal ne,
Mayor
ATTEST:
~ Ln~
Sue Lenes,
city Secretary
APPR~: ~
O~-cJ ' .
Knox W. Askins,
City Attorney
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THE STATE OF TEXAS
COUNTY OF HARRIS
{
{
{
AMENDMENT TO LEASE
THIS AGREEMENT, entered into by and between the City of La
Porte, Harris County, Texas, hereinafter called "City" and Cliff
Hyde Flying Service, Inc., a Texas business corporation, hereinafter
called "Lessee":
I.
For and in consideration of the premises, and the mutual
covenants herein contained, the parties agree to the amendment of an
Agreement of Lease between the parties dated July 6, 1956, as
amended November 4, 1963; as further amended on July 29, 1986, and
as further amended on December 12, 1988. Except as amended hereby,
said Lease Agreement, as amended, shall remain in full force and
effect until July 6, 1997.
II.
Reference is made to a plat attached hereto as Exhibit "A",
incorporated by reference herein, and made a part hereof for all
purposes. Shown on said plat are T-hangar option lease spaces 1 and
2. Each separate T-hangar space comprises 11,750 square feet, for
the construction of a ten space T-Hangar. Shown on said plat as
option space 3 is a site for future aviation related activity.
III.
For and in consideration of the sum of Five Hundred Dollars
($500.00) cash paid to City by Lessee, City grants and gives
to Lessee, an option, in the form of a right of first refusal upon
thirty (30) days written notice from City to Lessee, whereby Lessee
may lease from City, in numerical order, T-hanger spaces 1, 2, and
future site 3. The initial payment of $500.00 shall be for a one
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year option commencing April 1, 1994, and expiring March 31, 1995.
This option may be extended for four additional years, commencing
April 1, 1995, for an additional option fee of $250.00 per year.
Lessee shall pay to City, as additional rent, should Lessee exercise
its option to lease one or more of said T-hangar sites, the annual
rental as hereinafter provided. Upon exercise of an option
hereunder by Lessee, City agrees to enter into its then standard
form of airport lease, for a lease period of twenty years, with two
five year options. Rental shall be subject to cost of living
indexing as provided in the City's standard form of airport lease.
To continue this option agreement, Lessee must exercise its option
on at least site 1, commence construction during the first option
year, and bring construction to completion within 120 days of
commencement of construction. City will give Lessee hereunder
thirty (30) days written notice of any offer by another interested
party to rent the subject sites, in which case Lessee hereunder may
either accept the option to lease all of such properties, by giving
written notice to the City of its desire to do so, or, in the
absence of such written notice, upon Lessee's refusal to lease such
three sites, City shall be free to lease same to another interested
party.
IV.
city agrees to lease to Lessee, from the effective date of the
exercise of option by Lessee, for a twenty year term, with two five
year options, the T-hanger sites 1, 2, and 3, as shown on Exhibit
"A" attached hereto. Rental shall be paid annually in advance in a
minimum annual rental of $335.00 per year, based on January 1, 1994,
rental rate of $1,242.30 per acre, plus $144.00 per unit in each of
said ten unit T-hangers, or an additional rental of $1,440.00 per
year, to be payable annually in advance. Rental for subsequent
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years, under this paragraph, shall be subject to increase, in
accordance with any increases in the Consumer Price Index for All
Urban Consumers, with 1994 as a base year.
V.
The Lessor is entitled to collect and the Lessee agrees to pay,
all rentals due under this Agreement and Lease to the City of La
Porte, La Porte Municipal Airport, La Porte, Texas, without notice
to the Lessee. Rentals more than thirty (30) days past due may be
subject to a service charge of one percent (1%) per month, based on
an annual rate of twelve percent (12%).
VI.
without prejudice to any other remedy which otherwise might be
used for arrears of rent or other breach of this Agreement, if the
Lessor is required or it elects to pay any sum or incurs any
obligations or expense, by reason of a failure, neglect or refusal
of the Lessee to perform anyone or more of the terms, conditions or
covenants of this Agreement and Lease or as the result of any act or
omission of Lessee contrary to said terms, conditions and covenants,
the sum or sums so paid or the expense so incurred, including all
interest, costs, damages and penalties may be added to any
installment of rent thereafter due hereunder and each and every part
of the same shall be and become additional rent recoverable by the
Lessor in the same manner and with like remedies as if it were
originally a part of the rent as set forth hereinabove.
VII.
Except as expressly amended hereby, and as previously amended,
the Lease between the parties dated July 6, 1956, and subsequent
amendments thereto, shall remain in full force and effect.
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WITNESS OUR HANDS, effective the 1st day of April, 1994.
c~ OF LA POR~
4 '1111!?t~ '
yor
ATTEST: LJ
Cl~retary
Acfcv D: /~
4' i .
vv.
city Attorney
CLIFF
Pres].
ATTEST:
V1~ L. ~~
~etary . ~ ~
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 3/28/94
Requested By: Larry Mabe
Department: MIS
Report
Resolution
Ordinance
Exhibits:
1. Staff Recommendation
2. Vendor Bid Information
3. Vendor List
SUMMARY & RECOMMENDATION
On February 28, 1994 advertised, sealed bids #0586 for personal computer software
was opened and read. Bid request were mailed to ten (10) vendors with four (4)
returning bids.
The low bid meeting specifications was returned by Renick & Company in the amount
of $7,216.21 and the second low bid was submitted by Seabrook Computers in the
amount of $7,621.00.
It is recommended by the MIS Manager and the MIS Steering Committee that the low
bid be awarded to Renick & Company.
Action Required by Council:
Award bid to Renick & Company for the purchase of software for a sum of $7,216.21
and name Seabrook Computers as an alternate.
Availability of Funds:
XX General Fund
Capital Improvement
Other (None required)
VVatertvVastewater
General Revenue Sharing
Account Number: Various Accounts
Funds Available:
XX YES NO
ADDroved for City Council Agenda
6?~ T I~~
3 !'.J.<-( /9'-(
Robert T. Herrera
City Manager
DATE
CITY ~ LA PORTE e
INTER-OFFICE MEMORANDUM
To:
John Joerns, Assistant city Manager
Louis Rigby, Director Admin. Services
MIS steering Committee
D
From:
Larry Mabe, MIS Manager
':,:)
'----l(lJl
,(/
/
MaNlg,,,,.. IlffomtllllD" &nklS
Date:
March 9, 1994
Subject: Bids of Personal Computer Software
I have reviewed the bids submitted on February 28, 1994 and found that
Renick & company's bid meets the specifications and was the lowest of the
four opened.
It is my recommendation that their bid be brought before the next
available Council on March 28, 1994.
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BID TABULATION - COMPUTER SOFTWARE
1) dBASE IV Version 2.0 (4)
2) Direct At:;cess DOS 5.1 (pale. of 10)
3) Direct Access DOS 5.1 Upgrade
(Available only from Manufacturer)
4) WordPerfect 6.0 Ucense Only (11)
$517.20
$612.50 I
I
N/A I
I
I
$525.00 I
I
I
$620.00 I
N/A
$529.00 I
I
$690.00 I
N/A I
I
$588.821
I
$682.10 I
I
N/A I
I
\
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
::':::::U:::~P:tt'QTJillt::::
$179.00 I
$289.00 I
I
$336.00 I
$90.00 \
$69.00 I
I
I
$105.00 I
I
I
$189.00 I
I
$49.00 I $55.00
I I
$ll5.36 I $95.00 I $ll7.00 I
$92.45 I $95.00 I $92.00 I
I I I
$58.90 I $59.00 I $69.00 I $63.78 I
$.i~21:612jH::.';:H:::$i~~:Lob:: ~:':::m::::$7~7MDoqH~:'::::::::::::$3l~~~::
5) WordPerfect 6.0 Complete (1)
6) lotus 123 Version 2.4 (3)
7) Lotus 123 2.4 Upgrade (3)
8) Procomm Plus 2.0 for DOS (4)
I
9) Laplink V (1)
110) Micrografx ABC Rowcharter V2..0 (1)
(Available for WIndows only)
11) MS-DOS Upgrade 6.0 (5)
I
I
112) Norton Backup for DOS Version 2 (1)
13) Desqview for 386 Version 2.4 (1)
14) 386 Max Version 7.0 (2)
......;...;.....;.........
.....-..........
$169.95
$284.151
I
$327.60 I
I
$97.251
$67.75 I
I
$104.75 I
I
$184.90
$48.10
$185.00
$279.00
::::t
I
$72.00 I
I
$107.00 I
$295.00 I
I
$222.66
$308.82
$363.53
$104.64 I
$74.07
$112.76\
$199.06
I
$51.76 \
I
I
$102.66 I
1
$99.49
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BIDDER'S LIST
SEALED BID #0586 - COMPUTER SOFTWARE
DEER PARK COMPUTERS
1806 CENTER
DEER PARK, TX 77536
SEABROOK COMPUTERS
18203 EGRET BAY BLVD
HOUSTON, TX 77058
BRITCO INC.
8179 ALMEDA
HOUSTON, TX 77054
RENICK & COMPANY
7051 PROTWEST DR. SUITE 180
HOUSTON, TX 77024
SOFTWARE CITY
9099 KATY FREEWAY
HOUSTON, TX 77024
EGGHEAD SOFTWARE
2400 AUGUSTA, SUITE 210
HOUSTON, TX 77057-4911
COMPUSOFT
9894 BISSONNET, SUITE 180
HOUSTON, TX 77036
COMPUTER EXPO
11312 WESTHEIMER
HOUSTON, TX 77077
COMPUADD
604 OAK RIDGE TRAIL
KENNEDALE, TX 76060
COMP USA
12230 WESTHEIMER
HOUSTON, TX 77077
LA PORTE CHAMBER OF COMMERCE
100 MAIN
LA PORTE, TX 77571
BAYSHORE SUN
PUBLISH DATES:
FEBRUARY 13, 1994
FEBRUARY 20, 1994
JltUEST FOR CITY COUNCIL AGENDA ItIk
=================================================================
Agenda Date Requested:
March 28, 1994
Department:
Resolution
Purchasing
Ordinance
Requested By: Susan Kelley
Report
Exhibits: Bid Tabulation
Bidder's List
=================================================================
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0580 for office furniture were opened and
read on February 14, 1994. Bid requests were mailed to sixteen
(16) area suppliers with nine (9) returning bids and one (1) no
bid.
Bayshore Supply withdrew their bid on Item #6 due to an error in
the pricing, and did not meet specifications on Item #7.
B & B Office Supply did not meet specifications on Item #7.
Matherne's bid required all or none purchase of Items 2, 3, 6, 7,
and 8. They were not low bid on Item #2 which would cancel their
bid on Items 3, 6, 7, and 8. Please note that removing Matherne's
bid for these items still results in a lower overall cost than the
total of their all or none bid.
Bayshore Office Supply
are as follows:
$ 2,546.00
$ 465.00
$ 4,432.97
$ 2,225.00
$ 1,090.00
$ 2,055.00
$ 453.00
$ 2,829.00
$ 2,229.80
$18,325.77
Low bids meeting specifications, by vendor,
Hughes Off~e Supply Item #1
Item #4
Item #2
Item #3
Item #5
Item #6
Item #7
Item #8
Item #9
Grand Total
Finger's Office Furniture
B.T. Miller
Alternates are recommended as follows:
Finger's Office Furniture Item #1 $ 3,220.45
Item #5 $ 1,209.16
B.T. M1:iler Item #2 $ 5,471.00
Britco Inc. Item #3 $ 2,394.10
Item #7 $ 491. 00
Item #8 $ 3,075.00
B & B Office Supply I~m #6 $ 2,309.00
'Item #9 $ 2,406.00
Various departments have budgeted sufficient funds in capi taT
outlay for the purchase of these items. The total amount budgeted
is $27,510.00
Action Required by Council: Approve awarding Bid #0580 - Office
Furniture to low bid meeting specifications as described above in
the amount of $18,325.77; and name recommended alternates.
:: =:::: ='===== = ===:: == =:::: = === ===:::::: = = == = =:: ==:::::::: = ~ =:: =:::::::::::::::::::::::: =:::::::::
Availabili ty
X General
_ Capital
Other
Account Number:
of Funds:
Fund
Improvement
Water/Wastewater
General Revenue Sharing
Various
Funds Available:
X YES
No
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~oved for City Council Agenda
J~ T, ~
Robert T. Herrera
City Manager
~.dq ~qlt
Date
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BIDDER'S LIST
SEALED BID #0580 - OFFICE rJRNITURE
MINKS FURNITURE
130 SOUTH 4TH STREET
LA PORTE, TX 77571
MATHERNE'S
119 W. PIERCE
BAYTOWN, TX 77520
G & P FURNITURE
212 W. MAIN
LA PORTE, TX 77571
B & B OFFICE SUPPLY
3923 GARTH ROAD
BAYTOWN, TX 77521
BAYSHORE OFFICE SUPPLY CO.
222 N 16 STREET
LA PORTE, TX 77571
OFFICE PAVILION
1980 POST OAK BLVD., SUITE 150
HO~STON, TX 77056
MOORE OFFICE SUPPLY
1309 W. FAIRMONT PKWY
LA PORTE, TX 77571
SUNILAND OFFICE FURNITURE
2800 FONDREN
HOUSTON, TX 77063
HUGHES OFFICE SUPPLY
321 WEST MAIN
LA PORTE, TX 77571
FINGER OFFICE FURNITURE
P.O. BOX 263
HOUSTON, TX 77001
CFC - COMMERICAL FURNISHINGS CO.
4323 RICHMOND AVE
HOUSTON, TX 77027
MILLER BUSINESS SYSTEMS
501 WEST 38TH STREET
HOUSTON, TX 77018
BRITCO INC.
8179 ALMEDA
HOUSTON,TX 77054
WORKPLACE INTERIORS
P.O. BOX 741061
HOUSTON, TX 77274-1061
AMERICAN OFFICE FURNITURE
1234 N. POST OAK, SUITE 130
HOUSTON, TX 77055
CHALLENGE OFFICE PRODUCTS
4400 S. WAYSIDE, SUITE 101
HOUSTON, TX 77087
COMMERCIAL FURNITURE SERVICES, INC.
8909 N. LOOP EAST
HOUSTON, TX 77029
LA PORTE CHAMBER OF COMMERCE
100 MAIN STREET
LA PORTE, TX 77571
BAY SHORE SUN
PUBLISHED DATES:
JANUARY 31, 1994
FEBRUARY 6, 1994
.
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ORDINANCE NO. 94
AN ORDINANCE APPOINTING P.J. MOCK, JR., M.D., AS HEALTH AUTHORITY
OF THE CITY OF LA PORTE; 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 PORTE, TEXAS:
Section 1. The City Council of the City of La Porte hereby
appoints P.J. Mock, Jr., M.D., as Health Authority of the City of
La Porte, effective as of March 28, 1994. The appointee shall
serve for a period ending March 28, 1996, or until his successor
has 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 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 4. This Ordinance shall take effect and be in force
from and after March 28, 1994.
PASSED AND APPROVED this the 28th day of March, 1994.
CITY OF LA PORTE
By
Norman L. Malone, Mayor
ATTEST:
Sue Lenes, city Secretary
APPROVED:
Knox Askins, city Attorney