The URL can be used to link to this page

Home My WebLink About1995-05-22 Regular MeetingMINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL MAY 22, 1995 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 P.M. Members of City Council Present: Mayor Norman L. Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell and Jerry Clarke Members of Council Absent: None Members of City Staff and Employees Present: City Manager R. T. Herrera, City Attorney Knox Askins, City Secretary Sue Lenes, Assistant City Manager John Joerns, Finance Director/Assistant City Manager Jeff Litchfield, Chief of Police Bobby Powell, Assistant Director of Public Works Buddy Jacobs, Director of Parks and Recreation Stephen Barr, Building Official Mark Lewis, and Purchasing Agent Susan Kelley Others Present: Rahul and Amita R. Desai and Ed Rutledge, representing future Best Western Motel interests and a number of La Porte Citizens 2. INVOCATION BY COUNCILPERSON JACK MAXWELL The invocation was given by the Pastor of the First Baptist Church Rev. Randy Gilchrist. 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING MAY 8. 1995 After a short discussion led by Councilperson Thrower the minutes were voted on as presented. Motion was made by Councilperson Jack Maxwell to approve the minutes of La Porte City Council May 8. 1995. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 4. PETITIONS REMONSTRANCES COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL There were no citizens wishing to address Council. 0 Minutes of Regular Meeting La Porte City Council May 22, 1995, Page 2 5. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING A SETTLEMENT AGREEMENT RECEIPT AND RELEASE BETWEEN THE CITY OF LA PORTE AND SOUTHERN IONICS INC. (Ord. 95-2034) - R. T. Herrera City Manager Robert T. Herrera explained the summary and staff recommendation regarding this request. City Attorney read: ORDINANCE NO: 95-2034 - AN ORDINANCE APPROVING AND AUTHORIZING A SETTLEMENT AGREEMENT, RECEIPT AND RELEASE, BETWEEN THE CITY OF LA PORTE AND SOUTHERN IONICS, INC.; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was Made by Councilperson Clarke to approve Ordinance 95-2034 as read by the City Attorney. Second by Councilperson Porter. The motion carried 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 6. CONSIDER AN ORDINANCE ESTABLISHING HOURS OF PUBLIC OPERATION FOR THE CITY OF LA PORTE PARKS, PARK -RELATED FACILITIES, AND RENTAL FACILITIES (Ord. 95-2035) - S. Barr Director of Parks and Recreation Stephen Barr reviewed for Council the summary and recommendation for the request. City Attorney read: ORDINANCE 95-2035 - AN ORDINANCE ESTABLISHING HOURS OF PUBLIC OPERATION FOR CITY OF LA PORTE PARKS, PARK RELATED FACILITIES, AND RENTAL FACILITIES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING ANY PROVISION OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE PUNISHED BY A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR PUBLICATION OF THE CAPTION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Sutherland to approve Ordinance 95-20-35 as read by the City Attorney. Second by Councilperson Porter. The motion carried, 8 ayes, 0 nays and 1 abstain. • • Minutes of Regular Meeting La Porte City Council May 22, 1995, Page 3 Ayes: Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None Abstain: Councilperson McLaughlin 7. CONSIDER AN ORDINANCE APPOINTING A REPRESENTATIVE ON THE BOARD OF THE SOUTHEAST HARRIS COUNTY ECONOMIC DEVELOPMENT COUNCIL, INC (SEED) (Ord 95-2036) - Knox Asking City Attorney read: ORDINANCE 95-2036 - AN ORDINANCE APPOINTING ROBERT T. HERRERA, CITY MANAGER, TO REPRESENT THE CITY OF LA PORTE ON THE BOARD OF DIRECTORS OF THE SOUTHEAST HARRIS COUNTY ECONOMIC DEVELOPMENT COUNCIL, INC. ("SEED"); CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Maxwell to approve Ordinance 95-2036 as read by the City Attorney, Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 8. CONSIDER APPROVING AN ORDINANCE VACATING, ABANDONING AND CLOSING THE SOUTH FORTY (40) FEET OF WEST "F" STREET RIGHT-OF- WAY BETWEEN SH 146 AND SOUTH 8TH STREET AND REPEALING ORDINANCE 95-2033 (Ord. 95-2033-B) - R. T. Herrera City Manager Robert T. Herrera reviewed for Council the summary and recommendations for the request. Council decided to review and vote on items 8 and 9 at the same time. City Attorney read: ORDINANCE 95-2033-B - AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF WEST "F" STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 9. CONSIDER AN ORDINANCE GRANTING A LICENSE FOR USE OF THE SURFACE OF THE NORTH FORTY (40) FEET OF A PORTION OF WEST "F" STREET RIGHT-OF-WAY AND REPEALING ORDINANCE 95-2033-A (Ord. 95-2033-C - R. T. Herrera City Attorney read: ORDINANCE 95-2033-C - AN ORDINANCE GRANTING A LICENSE TO RAHUL DESAI AND WIFE AMITA R. DESAI, FOR THE USE OF THE SURFACE OF THE NORTH FORTY FEET (N 401) OF THE PORTION OF THE RIGHT-OF-WAY OF WEST "F" STREET BETWEEN BLOCKS Minutes of Regular Meeting La Porte City Council May 22, 1995, Page 4 ONE HUNDRED TWENTY-FOUR (124) AND ONE HUNDRED FORTY-ONE (141), TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AND BETWEEN THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146 AND THE WEST RIGHT-OF- WAY LINE OF 8TH STREET; RETAINING PUBLIC UTILITY EASEMENTS; PROVIDING TERMS AND CONDITIONS FOR SUCH LICENSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Maxwell to approve Ordinances 95-2033-B and 95-2033-C as read by the City Attorney. Second by Councilperson Thrower. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 10. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING AN EMPLOYMENT AND LEASE AGREEMENT BETWEEN THE CITY OF LA PORTE AND ALEX OSMOND (Ord. 95-1791-A) - R. T. Herrera Council decided to take item 10 to executive session. 11. CONSIDER AN ORDINANCE FINDING THE NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES; AUTHORIZING THE EXERCISE OF OPTION AGREEMENT DATED JULY 11, 1994 AND THE PURCHASE OF SAID REAL PROPERTY: AUTHORIZING THE ISSUANCE OF THE CITY OF LA PORTE' S $575 , 000. 00 PROMISSORY NOTE (Ord 95-2010 Tabled at meeting on January 9, 1995) - R. T. Herrera City Manager Robert T. Herrera reviewed for Council this last step in the acquisition of the Seabreeze Property and staff s recommendation. City Attorney read: ORDINANCE NO. 95-2010 - AN ORDINANCE FINDING THE NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES; AUTHORIZING THE EXERCISE OF OPTION AGREEMENT DATED JULY 11, 1994, AND THE PURCHASE OF SAID REAL PROPERTY; AUTHORIZING THE ISSUANCE OF THE CITY OF LA PORTE'S $575,000.00 PROMISSORY NOTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Thrower to approve Ordinance 95-2010 as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. • • Minutes of Regular Meeting La Porte City Council May 22, 1995, Page 5 Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 12. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR DISCUSSION A. CONSIDER AWARDING TEE-SHIRT AND CAP CONTRACT TO DEER PARK SPORTING GOODS - S. Barr B. CONSIDER AWARDING BID OF PLASTIC GARBAGE BAGS TO ARROW INDUSTRIES - B. Jacobs Motion was made by Councilperson Cooper to accept the consent agenda as presented. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 13. ADMINISTRATIVE REPORTS There were no administrative reports. 14. COUNCIL ACTION Councilpersons Gay and Mayor Malone brought items to Council's attention. 15. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, GOVT. CODE, VERNON'S TEXAS CODES ANNOTATED, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. SECTION 551.074 - (PERSONNEL) DISCUSS WITH CITY MANAGER PERSONNEL MATTER(S) REGARDING BAY FOREST GOLF COURSE Minutes of Regular Meeting La Porte City Council May 22, 1995, Page 6 Council retired into Executive Session at 6:43 P.M. to discuss A.) Discuss with City Manager personnel matter(s) regarding Bay Forest Golf Course and Item 10 Consider an ordinance approving and authorizing an employment and lease agreement between the City of La Porte and Alex Osmond (Ord. 95-1791 - A). Council returned to the table at 7:02 P.M. with no action taken. Council brought item 10 back to the table for a vote. 10. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING AN EMPLOYMENT AND LEASE AGREEMENT BETWEEN THE CITY OF LA PORTE AND ALEX OSMOND (Ord. 95-1791-A - R. T. Herrera Motion was made by Councilperson Thrower to approve Ordinance 95-1791-A. Second by Councilperson Sutherland. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone None: None 16. ADJOURNMENT There being no further business to come before Council, the meeting was duly adjourned at 7:03 P.M. Respectfully su fitted, E7-�- Sue Lenes, City Secretary Passed and Approved this the 12th day of June, 1995 N man L. Malone, Mayor 0 0 ORDINANCE NO. 95- 2034 AN ORDINANCE APPROVING AND AUTHORIZING A SETTLEMENT AGREEMENT, RECEIPT AND RELEASE, BETWEEN THE CITY OF LA PORTE AND SOUTHERN IONICS, INC.; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. 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, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 95- 2034 PASSED AND APPROVED, this 22nd day of May, 1995. CITY OF LA °PORTE By: Orman L. Malone, Mayor ATTEST: Sue Lenes, City Secretary i APPROVED: Knox W. Askins, City Attorney PAGE 2 SETTLEMENT AGREEMENT, RECEIPT AND RELEASE THE STATE OF TEXAS COUNTY OF HARRIS WHEREAS, The City of La Porte, Texas (City) and Southern Ionics, Inc. (SI) are parties to an Industrial District Agreement dated August 1, 1986 (IDA). WHEREAS, for valuable consideration the IDA provides that SI pay City taxes and in -lieu -of taxes. WHEREAS, the validity of the IDA has been the subject of litigation between SI and City since 1989, such litigation being settled in November, 1994. WHEREAS, SI has not paid the taxes and in -lieu -of taxes to City during the pendency of the litigation, and City has, since the settlement, made demand that SI pay City $71,078.19 for taxes and in -lieu -of taxes allegedly due for the period of January 1, 1989 through December 31, 1994. WHEREAS, there is disagreement, dispute and controversy with reference to the validity of City's claim and the amount thereof against SI. WHEREAS, City and SI have concluded that it is not in any party's interest for these claims to continue. THEREFORE, the parties have agreed to settle such claims on the following terms and conditions: Subject to the satisfaction of two conditions precedent, SI agrees to pay City SEVENTY-ONE THOUSAND SEVENTY-EIGHT AND 19/100 DOLLARS ($71,078.19), representing payment in full of all taxes and in -lieu -of taxes, interest,- penalties and costs that City has asserted or could assert for the period beginning January 1, 1989 and ending December 31, 1994. The two conditions precedent to SI's payment are: 1) that the City Council of the City of LaPorte, Texas repeal or otherwise modify Ordinance 842-A, by ordinance of equal dignity, so that Southern Ionics' 60.794 acre site on Bay Park Road will be included within the boundaries of the "Bayport Industrial District No. 1 of La Porte, Texas"; and 2) that the City Council of the' City of La Porte, Texas, by resolution, authorize the City Manager to execute this Receipt and Release. Subject to satisfaction of the two conditions precedent, and in consideration of SI's payment of SEVENTY-ONE THOUSAND SEVENTY- EIGHT AND 19/100 DOLLARS ($71,078.19), the receipt and sufficiency of which is acknowledged and confessed, City releases, acquits and forever discharges SI, and on behalf of City's successors and assigns, does hereby release, acquit and forever discharge SI, its successor corporations, employees, representatives, attorneys, and assigns, from any and all claims for all taxes and in -lieu -of taxes, interest, penalties and costs that City has asserted or could assert for the period beginning January 1, 1989 and ending December 31, 1994. As further consideration for SI's payment, City warrants that it has made no assignment of its claims, or any part of them, to any other person, firm, or corporation, and that there are no current or outstanding liens in connection with or arising out of the unpaid taxes and in -lieu -of taxes made the subject of its claim. As further consideration for SI's payment, it is agreed that City will indemnify and hold harmless SI against and from any and all claims, demands, causes of .action and/or judgments asserted -2- or caused to be asserted against SI which any person, firm, or corporation has or may have in connection with the matters made the subject of this release. Signed on V v"23 1995 in accordance with yo:9� ,2gAduly passed by the City Council of the City of La Porte, Texas. City of La Porte, Texas BY Qo-D-e Robert T. Herrera, City Manager Signed on _L '—`1 12. 1995. Southern Ionics, Inc. By Milton O. Sund e k, Jr. President -3- 9 • Agenda uate nequ Requested By: St Report Exhibits: 1. REQUEST FOR CITY COUNCIL AGENDA ITEM partment: Parks & Recreation Resolution "X Ordinance Ordinance 95- Establishing Hours of Operation for City of LaPorte Parks, Park -Related Facilities, and Rental Facilities SUMMARY & RECOMMENDATION The Parks & Recreation Department has a large number of parks, park -related facilities, and rental facilities under its control. These parks and related facilities have many hundreds of thousands of dollars worth of buildings, and other improvements which are vulnerable to after-hours vandalism and other forms of mischief. This proposed Ordinance provides a mechanism to protect those parks and facilities from these types of incidences. If this Ordinance is approved, a person found in a park, park -related facility, or rental facility, after operating hours, could be arrested and fined up to $500.00 if that person does not have specific written permission to be present for a special event in the facility. This Ordinance, if approved, will allow our Police officers to know in advance, when the parks are closed and to act accordingly. Under the proposed Ordinance, the Parks and Recreation Department would be required to post and maintain the hours of operation at each park site. Proposed Park Operating Hours are based on the type of park; Neighborhood parks (no ballfields or lighted facilities) would cease operations at 9:30 p.m. or around dusk during the summertime; Community Parks (with lighted ballfields or facilities) would cease operations at 10:00 p.m.; and Regional Parks (lighted ballfields and/or other facilities which offer regional/City-wide attraction) would cease operations at 11:00 p.m. Park -related and Rental Facilities would cease operations at their normally designated times, unless a special event was scheduled; in which case the facility operation would cease at a specific time, designated in writing, for that day only. Occasional time over -runs by sporting associations would be allowed under the proposed Ordinance, through permission granted in advance to cover such contingencies. Staff recommends the approval of Ordinance 95- which establishes hours of operation for City of La Porte Parks, Park -Related Facilities, and Rental Facilities. Action Required by Council: Consider approval of Ordinance 95- which establishes hours of operation for City of La Porte Parks, Park -related Facilities, and Rental Facilities. Availability of Funds: General Fund Capital Improvement Other Account Number: Approved for City Council Agenda: Water/Wastewater General Revenue Sharing Funds Available: N/A YES —NO G2 r R�r 5.1'1- &ts Robert T. Herrera, Date City Manager ORDINANCE NO. 95- 2035 AN ORDINANCE ESTABLISHING HOURS OF PUBLIC OPERATION FOR CITY OF LA PORTE PARKS, PARK RELATED FACILITIES, AND RENTAL FACILITIES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING ANY PROVISION OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE PUNISHED BY A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR PUBLICATION OF THE CAPTION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. The City Council for the City of LaPorte, by this Ordinance, establishes hours of public operation for all City Parks and park related facilities and rental facilities in the City of La Porte park system. Each park, park related facility or rental facility in the City Park system shall be open to, and be closed to the general public each day according to the schedule described herein. SECTION 2. The parks, park related facilities, and rental facilities of the City of La Porte Parks System are classified below and their hours of public operation are as follows, unless written authorization is given for a special event at the park or facility as provided for in this Ordinance. NEIGHBORHOOD PARKS Name of Park Seabreeze Property (park to be opened, and named at a later date) Creekmont Park Fourteenth St. Park Glen Meadows Park Ohio St. Park Pete Gilliam Park Pfeiffer Park Second St. Park Tom Brown Park COMMUNITY PARKS Name of Park Central Park Northside Park Operating Hours 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. Operating Hours 7:00 a.m. - 10:00 p.m. 7:00 a.m. - 10:00 p.m. ORDINANCE N0. 95-2035 • REGIONAL PARKS Name of Park Fairmont Park Little Cedar Bayou Park Lomax Park Northwest Park PARK RELATED AND RENTAL FACILITIES Name of Facility Brookglen Recreation Center Fairmont Recreation Center Kennedy, Evelyn Civic Center La Porte Recreation & Fitness Center La Porte Rodeo/Riding Arena** La Porte S.P.O.R.T. Center Sylvan Beach Fishing Pier Sylvan Beach Pavilion Riley, Jennie Recreation Center Walker, Charles Recreation Annex Operating Hours 7:00 a.m. - 11:00 p.m. 7:00 a.m. - 11:00 p.m. 7:00 a.m. - 11:00 p.m. 7:00 a.m. - 11:00 p.m. Operating Hours 7:00 a.m. - 10:00 p.m. 7:00 a.m. - 10:00 p.m. 7:00 a.m. - 10:00 p.m. Monday - Friday 5:30 a.m. - 9:00 p.m. Saturday & Holidays Open* 10:00 a.m. - 6:00 p.m. Sundays 1:00 p.m. - 6:00 p.m. 7:00 a.m. - 11:00 p.m. 7:00 a.m. - 11:00 p.m. 5:00 a.m. - 11:00 p.m. 7:00 a.m. - 11:00 p.m. 7:00 a.m. - 10:00 p.m. 7:00 a.m. - 10:00 p.m. * Recreation & Fitness Center is closed to the public on the following holidays - Christmas Day, Christmas Eve Day, Thanksgiving Day, & Easter Sunday. ** the Riding Arena at Lomax Park may remain open to the public until 12 Midnight on Friday and Saturday nights, if the facility is rented for a special event. SECTION 3. It shall be unlawful for any person to be in a City Park or park related facility during the hours the park or facility is closed to the public, unless the person has obtained written permission from the Director of Parks and Recreation Department, or his designee, to be present in a park, park related facility, or rental facility for a special event. Permission to enter the park prior to the posted opening time or to remain in the park after posted closing time may be granted by the Director of Parks and Recreation, or his designee, in writing. SECTION 4. The Director of Parks and Recreation Department shall place, erect, and maintain signs designating hours of public operation and prohibiting the presence of any person without written authorization in a City Park, park related facility, or rental facility during the hours the park or facility is closed to the general public. 0) OlfDINANCE NO. 95-2035 • SECTION 5. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. SECTION 6. 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 five hundred dollars ($500.00). _ Each day of violation shall be considered a separate offense. SECTION 7. 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 as required by the Open Meetings Law, Chapter 551, Texas Government Code; 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 8. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the Bayshore Sun at least twice within the ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this 22nd day of May, 1995. ATTEST: Suedes, City Secretary Knox W. Askins, City Attorney 3 CITY OF LA PORTE 90 rman L. Malone,'Mayor 0 0 • ORDINANCE NO. 95- 2036 AN ORDINANCE APPOINTING ROBERT T.HERRERA, CITY MANAGER, TO REPRESENT THE CITY OF LA PORTE ON THE BOARD OF DIRECTORS OF THE SOUTHEAST HARRIS COUNTY ECONOMIC DEVELOPMENT COUNCIL, INC. ("SEED"); 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: Section 1. The City Council of the City of La Porte hereby appoints Robert T. Herrera, City Manager, to represent the City of La Porte on the Board of Directors of the Southeast Harris County Economic Development Council, Inc. ("SEED"), for the term beginning on the effective date hereof, and expiring on the day of , 199_, or until his successor shall have been duly appointed and qualified. Section 2. The City Council of the City of La Porte accepts the resignation of Alton Porter from the Board of Directors of the Southeast Harris County Economic Development Council, Inc. ("SEED"). Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 4. 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, Chapter 551, Texas Government Code; 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. r . ORDINANCE NO. 95- 2036 0 PAGE 2 Section S. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 22nd day of May, 1995. CITY OF LA PORTE By: /lam Orman Maioe, Mayor ATTEST: S' 'Z'-, Sue Lenes, City Secretary City Attorney L • -� City of La Porte Established 1892 TEXAS Harris County Southeast Economic Development Council, Inc. May 23,1995 Board of Directors Bank One Tower - Suite 910 1001 East Southmore Pasadena, Texas 77502-1209 Attention: George Bayliss Please accept this as notice of my resignation from the SEED Board of directors effective June 1,1995. Due to extensive personal and employment related committments, I find it necessary to vacate my position so that it may be filled by a new, fresh, high energy person to better serve the needs of the SEED organization. I have truly enjoyed my association with this dynamic organization and the tremendously talented individuals that make up this group. My time on this board has been a terrific time of personal growth and I have been blessed with the personal contacts that have been and are a great influence on me in my personal as well as professional life. I remain committed to the goals and ideals of the SEED organization and pledge to remain a staunch supporter. I admire each of you for your committment to SEED and I consider each of you a personal friend and I wish you every success. Sincerely, Alton E. Porter P.O. Box 1115 9 La Porte, Texas 77572-1115 • (713) 47 1 -5020 0 • CITY OF LA PORTE INTER -OFFICE MEMORANDUM TO: Mayor and Council FROM: Sue Lenes, C Secretary SUBJECT: Agenda Items 8 & 9 May 22nd Council Meeting DATE: May 18, 1995 Please Note: City Manager Robert T. Herrera will provide the backup for the referenced agenda items 8 and 9 in the form of a confidential memorandum to be place in each of your mail boxes as soon as possible. ORDINANCE NO. 95-2033-B AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF WEST "F" STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by record owner of all of the property abutting the hereinafter described portion of West "F" Street, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of West "F" Street; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of West "F" Street, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and that the closing of the hereinafter described portion of West "F" Street, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of said West "F" Street, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described portion of West "F" Street, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned and closed by the City of LaPorte, to -wit: Being the southernmost 40' of the right-of-way of West "F" Street located between Block 124 and 141 and the residual of Blocks 123 and 142; Town of La Porte, Harris County, Texas, and between the east right-of-way line of SH 146 and the west right- of-way line of 8th Street. Said property being further described by map illustration attached to this ordinance, identified as Exhibit A and fully incorporated by reference herein. • ordinance 95- 203 3-B Page 2of3 Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval and it is so ordered. Applicant shall have thirty (30) days from the effective date hereof to pay the City in certified funds, the sum of $40,023.75 as consideration hereunder. Applicant shall, within thirty (30) days from the effective date hereof, execute Ordinance No. 95-2033- C, a license agreement. The City Secretary shall not issue a certified copy of this ordinance until such payment is made and license agreement executed. If such payment has not been made or if the specified license agreement has not been executed within thirty (30) days from the effective date hereof, this ordinance shall be null and void. Section 4. Ordinance 95-2033 passed and approved May 8, 1995, is hereby repealed. �j • Ordinance 95- 2033—B Page 3 of 3 PASSED AND APPROVED, this day of 1995. CITY OF LA PORTE BY ;�Q�: Orman L. Malo e, ayo ATTEST: <zs' Z",-/ -- City Secretary APPROVED: City Attorney • C� I fiXHIBrr QUIT CLAIM DEED THE STATE OF TEXAS { { COUNTY OF HARRIS { That the CITY OF LA PORTE, a municipal corporation, for and in consideration of the sum of Ten Dollars ($10.00) cash and other good and valuable considerations, the receipt of which is hereby acknowledged, does, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said RAHUL DESAI and wife, AMITA R. DESAI, their successors and assigns, all of its right, title and interest in and to that certain lot, tract or parcel of land lying in the County of Harris and State of Texas, described as follows, to -wit: THE SOUTH FORTY FEET (S.401) OF THE RIGHT-OF-WAY OF WEST "F" STREET BETWEEN BLOCKS ONE HUNDRED TWENTY-FOUR (124) AND ONE HUNDRED FORTY-ONE (141), AND BETWEEN THE RESIDUAL OF BLOCKS ONE HUNDRED TWENTY-THREE (123) AND ONE HUNDRED FORTY-TWO (142), TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AND BETWEEN THE EAST RIGHT-OF-WAY LINE'OF STATE HIGHWAY 146 AND THE WEST RIGHT-OF-WAY LINE OF 8TH STREET; SAID PROPERTY BEING FURTHER DESCRIBED BY MAP ILLUSTRATION ATTACHED HERETO AS EXHIBIT "A" AND FULLY INCORPORATED BY REFERENCE HEREIN. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said RAHUL DESAI and wife, AMITA R. DESAI, their successors or assigns, forever, so that the CITY OF LA PORTE, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. WITNESS MY HAND, this 23rd day of May, 1995. CITY OF LA PORTE By: QA-AA T. 4, ROBERT T. HERRERA City Manager ATTEST: <�-' Z"-,) - SUE LERES City Secretary STATE OF TEXAS { { COUNTY OF HARRIS { This instrument was acknowledged before me on the A3'I day of May, 1995, by ROBERT T. HERRERA, City Manager of the CITY OF LA PORTE, a municipal corporation, on behalf of the City, in the capacity therein stated. ADDRESS OF GRANTEE AFTER RECORDING RETURN TO: Rahul Desai, Et Ux 621n arnnd-unla Hnnetnn TAvnc 77n77 LJ.� Notary Public, State of Texas SANCHA WENSE *' Notary Pubic, State of Texas •C-F' my Commission Expires o6.24.97 PREPARED IN THE LAW OFFICE OF: ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 E>> S T. T N co C/D 10 N G O� o2N u ic� 125 W. F" ST.%�i�� I 0 0 PROP. RIGHT-OF-WAY CLOSING W O Ao 1 2 V3 fl yY. G S T. cn o� SAC-95-01 igYHlBff RECEIPT CIOY OF LA POROE NO. 32433 P.O. BOX 1115 LA PORTE, TEXAS 77572-1115 • 713/471-5020 DATE El El R� CHECK / MONEY ORDER NO. MONEY Z / CASH CHECK ORDER CASHIERS RECEIVED FROM r lQ- PAYMENT p AMOUNT FOR / �) (tz $ DESCRIPTION GL CODE CASHIER ACCOUNTING, CASHIER'S TO THE ORDER OF &4, � TWO SXUMTURES RESU D OUFR 619.9m6( AUTHORIZED SIGNATURE 11' 10648811' 1: 1130 L39471: 0000 001811, ORDINANCE NO. 95-2033-C AN ORDINANCE GRANTING A LICENSE TO RAHUL DESAI AND WIFE, AMITA R. DESAI, FOR USE OF THE SURFACE OF THE NORTH FORTY FEET (N.409) OF THE PORTION OF THE RIGHT-OF-WAY OF WEST "F" STREET BETWEEN BLOCKS ONE HUNDRED TWENTY-FOUR (124) AND ONE HUNDRED FORTY-ONE (141), TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AND BETWEEN THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146 AND THE WEST RIGHT-OF-WAY LINE OF 8TH STREET; RETAINING PUBLIC UTILITY EASEMENTS; PROVIDING TERMS AND CONDITIONS OF SUCH LICENSE; 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. Subject to the terms and provisions hereof, and under and by virtue of the power granted to the City of La Porte under its Home Rule Charter, and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of Texas, 1925, the City of La Porte hereby grants a license for the use of the surface of the hereinafter described portion of an alley in the City of La Porte, to Rahul Desai and wife, Amita R. Desai, to -wit: THE NORTH FORTY FEET (N.401) OF THE RIGHT-OF-WAY OF WEST "F" STREET BETWEEN BLOCKS ONE HUNDRED TWENTY-FOUR (124) AND ONE HUNDRED FORTY-ONE (141), AND BETWEEN THE RESIDUAL OF BLOCKS ONE HUNDRED TWENTY-THREE (123) AND ONE HUNDRED FORTY-TWO (142), TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AND BETWEEN THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146 AND THE WEST RIGHT-OF-WAY LINE OF 8TH STREET; SAID PROPERTY BEING FURTHER DESCRIBED BY MAP ILLUSTRATION ATTACHED TO THIS ORDINANCE AS EXHIBIT "A" AND FULLY INCORPORATED BY REFERENCE HEREIN. Section 2. The term of this license shall be for so long as Rahul Desai and wife, Amita R. Desai, their successors or assigns, operate a lawful business on Block One Hundred Forty-one (141), Town of La Porte, Harris County, Texas. Section 3. As consideration for this license agreement, Rahul Desai and wife, Amita R. Desai, their successors and assigns, agree to landscape and maintain a "conservation setback" on the property described in Section 1 hereof, in accordance with the terms and provisions of Ordinance No. 1501, the City of La Porte Zoning Ordinance, which provides, among other things, for landscaping with trees, shrubs, and groundcover, with a planting plan required to be ORDINANCE NO. 95-2033-C PAGE 2 submitted and approved by the City of La Porte. At a minimum, Rahul Desai and wife, Amita R. Desai, their successors and assigns, shall maintain and mow the grass on said property. The landscaping and maintenance of such landscape area for the City of La Porte, and the continuing maintenance of such landscaping, shall be a consideration for the continuance of this license agreement. The City of La Porte reserves the right to vacate, abandon, and close that portion of the right-of-way of West "F" Street described in Section 1 hereof, in which case the license agreement granted by this Ordinance shall be null and void, and the City and Licensees, Rahul Desai and wife, Amita R. Desai, their successors and assigns, shall be released from any further obligation hereunder. Section 4. Rahul Desai and wife, Amita R. Desai, their successors and assigns, shall not use the surface of the property described in Section 1 hereof, for driveways, parking, or any other business use except landscaping and grass, as provided for in this license agreement. The license rights granted to Rahul Desai and wife, Amita R. Desai, their successors and assigns, hereunder, shall be subject to and limited by the terms and provisions of each utility franchise agreement between the City of La Porte and its various franchised public utilities, and shall also be subject to the right of the City of La Porte to use the property described in Section 1 hereof, for all public utilities owned and operated by the City of La Porte. Section 5. Rahul Desai and wife, Amita R. Desai, join in the execution of this license agreement, to evidence their agreement and consent to the terms and provisions hereof. Section 6. Except as expressly set forth herein, this Ordinance shall not limit or otherwise mitigate the provisions of • ORDINANCE NO. 95-2033-C PAGE 3 any other applicable City of La Porte ordinance or regulation including, but not limited to, the terms and provisions of Ordinance No. 1501, the City of La Porte Zoning Ordinance. Section 7. Ordinance No. 95-2033-A, passed and approved May 8, 1995, is hereby repealed. Section S. 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, Chapter 551, Texas Government Code; 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 9. This Ordinance shall be effective upon its passage and approval. PASSED AND APPROVED, this 22nd day of May, 1995. CI7 OF LA PORTE By' ' -- L. Malone, Mayor ATTEST: City Secretary APPROVED: City Attorney ACCEMGREED: RahAil Desai arnt4�-' /. paa� Ami a R. Desai E>> S T . N O rJ cn o 1� Nco cn W O 03 (� U J u N1 24 c� 1 25 v AREA COVERED BY LICENSE AGREEMENT 0 W. � o 0 PROP. RIGHT-OF-WAYCLOSING CD 140 142 yTr N ti U O 0141 O ui W N O U W. " G" ST. o uj O Q XHIB' SAC-95-01 0 J U U 1'`. - 0 ORDINANCE NO. 95- 1791-A AN ORDINANCE APPROVING AND AUTHORIZING AN EMPLOYMENT AND LEASE AGREEMENT BETWEEN THE CITY OF LA PORTE AND ALES OSMOND, FOR THE CITY OF LA PORTE BAY FOREST GOLF COURSE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. 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, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 0 • ORDINANCE NO. 95- 1791-A PAGE 2 PASSED AND APPROVED, this day of , 1995. CITY OF LA PORTE By: o m n one, Mayor ATTEST: Sue Lenes, City Secretary APPROVED: j Knox W. Askins, City Attorney CITY OF LA PORTE INTER -OFFICE MEMORANDUM TO: Mayor and Council r FROM: Sue Lenes, City a r y SUBJECT: Agenda Item 11. Tabled at the January 9, 1995 City Council Meeting DATE: May 18, 1995 Please note: The Exhibit A, the Promissory Note, a copy of the Warranty Deed, the Property Report, and the Bond Counsel's Opinion Letter were previously furnished in the January 9, 1995, Agenda. A copy will be on file in the office of the City Secretary should you wish to review the material. If you wish to have a copy please call me and I will place one in your mail box. ORDINANCE NO. 95-2010 AN ORDINANCE FINDING THE NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES; AUTHORIZING THE EXERCISE OF OPTION AGREEMENT DATED JULY 11, 1994, AND THE PURCHASE OF SAID REAL PROPERTY; AUTHORIZING THE ISSUANCE OF THE CITY OF LA PORTE'S $575,000.00 PROMISSORY NOTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte (the "City") has heretofore, by its Ordinance No. 94-1994, passed and approved August 8, 1994, authorized the City Manager of the City of La Porte to enter into an option agreement with Harold P. Pfeiffer, for the purchase of the real property in the City of La Porte, Texas, more particularly described in said option agreement, to be utilized by the City of La Porte for public purposes (the "Property"). Section 2. The City Council hereby authorizes the exercise of the purchase option contained in the said option agreement dated July 11, 1994, and the purchase of the Property on the terms and conditions therein stated. Section 3. The City Council, as a portion of the consideration to be paid for the purchase of the Property, and in accordance with Article 717w, Vernon's Texas Civil Statutes, hereby authorizes the execution and delivery of the City's promissory note (the "Note") in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. The Mayor of the.City is authorized to execute the Note on behalf of the City, and the City Secretary of the City is authorized to attest the execution thereof on behalf of the City, and to affix the City's seal thereto. Section 4. The City Council, during each year while any of the principal of or interest on the Note is outstanding and unpaid, shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Note as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal on the Note as such principal matures (but never less than 2% of the original principal amount of the Note as a sinking fund each year); and the tax shall be based on the latest approved tax rolls of the City, with full allowance being made for tax delinquencies and the cost of tax collection. The rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the City, for each year while the Note is outstanding and unpaid; and such tax shall be assessed and collected each year and deposited, as collected, to the credit of an interest and sinking fund. The ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Note, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment within the limit prescribed by law. K] ORDINANCE NO. 95-2010 PAGE2 Section 5. The City Council covenants to take any action or refrain from any action which would adversely affect the treatment of the Note as an obligation described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereto, the City Council covenants as follows: (a) to take any action to assure that in the event that the "private business use" of the Property (within the meaning of section 141(b) of the Code) exceeds 5% of the original principal amount of the Note, then the amount in excess of 5% is used for a "private business use" which is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (b) to refrain from taking any action which would otherwise result in the Note being treated as a "private activity bond" within the meaning of section 141(b) of the Code; and (c) to refrain from taking any action that would result in the Note being "federally guaranteed" within the meaning of section 149 (b) of the Code. It is the understanding of the City that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In furtherance of such intention, the City hereby authorizes and directs the Mayor of the City to execute any documents, certificates, or reports required by the Code and to make such elections, on behalf of the City, which may be permitted by the Code as are consistent with the propose for the issuance of the Note. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Note, the City will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Note under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Note, the City agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Note under section 103 of the Code. Section 6. 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 • ORDINANCE NO. 95- 2010 PAGE3 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, Chapter 55, Texas Government Code; 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 7. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 22nd day of May, 1995. CITY; -OF LA PORTE By: 44orman L.'Mal6ne, Mayor ATTEST: Sue Lenes, City Secretary AP79VED : Knox W. Askins, City Attorney PROMISSORY NOTE La Porte, Harris County, Texas $575,000.00 January 10, 1995 For value received, the CITY OF LA PORTE, TEXAS, a municipal corporation and home rule city under the Constitution and laws of the State of Texas (hereinafter "Maker"), promises to pay to the order of HAROLD P. PFEIFFER (hereinafter "Payee"), Harris County, Texas, the sum of FIVE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($575,000.00), in legal and lawful money of the United States of America, with interest thereon from date hereof until maturity in the amounts and at the times as set out below; matured unpaid principal and interest shall bear interest at the maximum rate permitted by law from date of maturity until paid. This note is due and payable as follows, to -wit: Reduction Payment Payment Interest in Outstanding Date Amount Amount Principal Balance $575,000.00 08/10/95 $111,480.07 $25,875.00 $85,605.07 489,394.93 08/10/96 111,480.07 22,022.77 89,457.30 399,937.63 08/10/97 111,480.07 17,977.19 93,482.88 306,454.75 08/10/98 111,480.07 13,790.46 97,689.61 208,765.14 08/10/99 111,480.07 9,394.43 102,085.64 106,679.50 08/10/00 111,480.07 4,800.58 106,679.50 0.00 Maker agrees that during the full term hereof the maximum lawful rate of interest for this note determined under Texas law shall be the lesser of the rate calculated as described in Article 717k-2, Vernon's Texas Civil Statutes, as amended, or the Indicated Rate (weekly) ceiling as Specified in Article 5069-1.04, Vernon's Texas Civil Statues, as amended. Further, to the extent that any other lawful rate exceeds the rate so determined then the higher ceiling rate shall apply. It is the intention of Maker and Payee to conform strictly to the usury laws now in force in the State of Texas, except as superseded by applicable Federal law. Accordingly, notwithstanding anything to the contrary in this note or any other agreement entered into in connection herewith, it is agreed as follows: (i) in the event that the maturity of this note is accelerated by an election of EXHIBIT A Payee resulting from an event of default under this note or any agreement entered into in connection herewith, then earned interest may never include more than the maximum amount permitted by law, and any unearned interest included in the face of this note or otherwise shall be cancelled automatically and, if theretofore paid, shall be either refunded to Maker or credited on the principal amount of this note; and (ii) the aggregate of all interest and any other charges constituting interest under the laws of the State of Texas and contracted for, chargeable or receivable under this note or otherwise in connection with this loan transaction shall under no circumstances exceed the maximum amount of interest permitted by law, and any excess shall be deemed a mistake and cancelled automatically and, if theretofore paid, shall be either refunded to Maker or credited on the principal amount of this note. It is expressly provided that upon default in the punctual payment of this note or any part thereof, principal or interest, as the same shall become due and payable, the entire indebtedness secured by the hereinafter mentioned lien shall be matured, at the option of the holder; and in the event default is made in the prompt payment of this note when due or declared due, and the same is placed in the hands of an attorney for collection, or suit is brought on same, or the same is collected through Probate, Bankruptcy or other judicial proceedings, then the makers agree and promise to pay ten percent (10%) additional on the amount of principal and interest then owing, as attorney's fees. Each maker, surety and endorser of this note expressly waives all notices, demands for payment, presentations for payment, notice of intention to accelerate to maturity, protest and notice of protest, as to this note and as to each, every and all installments thereof. This note is issued pursuant to Ordinance No. 95-2010 whereunder the Maker authorized the levy of a continuing, direct, annual ad valorem tax on taxable property within the City of La Porte, within the limits prescribed by law, for each year while any part of the note is considered outstanding, in sufficient amount to pay interest on the note as it becomes due, to provide a sinking fund for the payment of the principal of the note when due, and to pay the expenses of assessing and collecting such tax. The ad valorem taxes sufficient to provide for the payment of the interest on and principal of the note, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment, within the limit prescribed by law. IT IS HEREBY CERTIFIED AND RECITED that the issuance of this note is duly authorized by law and that all acts, conditions, and things required to be done precedent to and in connection with the issuance of this note have been properly done and performed and have happened in regular and due time, form, and manner as required by the laws of the State of Texas. 2 E IN WITNESS WHEREOF, the City Council has caused this note to be executed in its name by the manual signature of the Mayor of the City, and the City Secretary of the City of La Porte has attested to the execution thereof on behalf of the City of La Porte, and has affixed the City's seal thereto. ATTEST: Sue Lenes City Secretary 3 CITY OF LA PORTE By: N rman L. Mal n Mayor 0 • 0 • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 22 199 Requested By: Ste hen L. Barr Department: Parks & Recreation XXX Report Resolution Ordinance Exhibits: 1. Bid Recap - Sealed Bid #0636 - Tee Shirts and Caps SUMMARY & RECOMMENDATION The City of La Porte has requested proposals for tee-shirts and caps for the programs and activities conducted by the City of La Porte, Parks and Recreation Department. Request for proposals were mailed to sixteen area vendors, five of which are located in La Porte. Proposals were opened on April 24, 1995 and five (5) proposals were received. The low bid meeting specifications for estimated quantities was Eleven Thousand, Two Hundred and Four Dollars ($11,204.00),submitted by Deer Park Sporting Goods. They propose to provide the City of La Porte with a total of twelve items, one cap order and eleven tee-shirt orders on an as - needed basis. These items will be used for the Department's Recreation and Fitness Center novelty sales, Swim Lesson registrants, Adult and Youth Athletic registrants, Fun Run registrants and for the Municipal Employees " Fun-Fest ". We anticipate a total of two -thousand nine hundred shirts and two -hundred and eighty caps being required to meet these needs. With the exception of the two -hundred and fifty shirts for the " Fun-Fest ", all other items will be purchased by recreation program registrants. Deer Park Sporting Goods has been in the tee-shirt and cap business for over twenty years and should be able to provide us with the quality clothing and artwork expected by our recreation program registrants. This agreement would be in effect for one full year from the date of City Council action with a one year extension if agreeable to both parties. Staff recommends the award of the tee-shirt and cap bid to Deer Park Sporting Goods, as low bidder meeting specifications and within budgeted funds for the purchase. Action Required by Council: Award Tee -Shirt and Cap contract, subject to the specified conditions, to Deer Park Sporting Goods for the City of La Porte recreation program registrants. Availability of Funds: XX General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other 008-800-801-215 008-800-801-231 008-800-801-232 Account Number: 008-800-801-641 Funds Available: X YES _ NO Approved for City Council Agenda <��K � • ��cn�etic-� Robert T. Herrera, City Manager - L't -Cts Date • CITY OF LA PORTE INTER -OFFICE MEMORANDUM MAY 3, 1995 TO: STEPHEN BARR,�D,IRECTOR OF PARKS & RECREATION FROM: SUSAN KELLEY; PURCHASING AGENT SUBJ: SEALED BID #0636 - T-SHIRT & CAPS Advertised, sealed bids #0636 - T-shirt and caps were opened and read on May 1, 1995. Bid requests were mailed to fifteen (15) suppliers with five (5) returning bids. Attached are copies of the bids for your review. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. Attachment: Bid Copies Bid Tabulation Bid List • BID TABULATION - T-SHIRTS AND CAPS R PAS EBB ` SPACE CITY MASK Tr DE CFi1PT�ON Q SPaR jG.. SP0RFSVYEAR ! :+GRAPHICS SPOIL : SPECIAL EVENTS CAPS 1A. Nylon Caps 180 $7.00 NO BID $5.68 $4.25 1 B. Visors 100 $1.70 NO BID $2.20 $4.25 ITEM #1 TOTAL ( $1,430.00 ( NO BID , $1,242.40 $1,190.00 $1,330.00 R.F.C. T-SHIRTS 2A. Tank -tops Large 15 $3.99 ` $4.30 $4.61 I $5.25 X-Large � 25 $3.99! $4.30 $4.61 $5.25 � XX-Large i 10 S4.89 $5.30 $5.61 i $6.25 i Sub -Total ( $208.50 j $225.00 I $240.50 j $272.50 I $412.50 ! 2B. T-Shirts (LS) Large 15 I $5.88 I $7.05 $6.35 $6.25 X-Large ( 25 $5.88 $7.05 I $6.35 I $6.25 XX-Large j 10 $6.58 $8.05 $7.35 $7.25 Sub -Total $301.00 $362.50 $327.50 $322.50 $517.50 2C. T-Shirts (SS) Medium 25 $3.70 $4.05 $4.31 $4.75 i Large 50 $3.70 $4.05 ! $4.31 $4.75 X-Large 50 ( $3.70 $4.05 $4.31 $4.75 XX-Large 25 $4.80 $5.05 $5.31 $5.75 Sub -Total $582.50 $632.50 1 $671.50 ' $737.50 $1,162.50 2D. T-Shirts (RB-LS) Large 14 $6.58 ( $7.05 I $6.35 1 $8.85 X-Large i 16 I $6.58 ' $7.05 ( $6.35 $8.85 Sub -Total $197.40 $211.50 $190.50 $207.00 ITEM #2 TOTAL ; $1,289.40 ! $1,431.50 j $1,430.00 $1,5%.00 $2,299.50 ATHLETIC LEAGUES ! 3A. T-SShirts (SS) i X-Large 620 $4.05 $4.05 $4.26 $4.50 ITEM #3 TOTAL ( $2,511.00 $2,511.00 ! $2,641.20 ( $2,790.00 $3,069.00 AQUATIC DIVISION 4A. T-Shirts (SS) X-Large 1 100 1 $4.20 1 S4.85 ! $4.16 $5.75 ITEM #4 TOTAL j $420.00 j $485.00 j $416.00 $575.00 $496.00 1 S'1MMMIND LESSON I I f i 5A. T-Shirts (SS) j ! Youth 14/16 200 $3.35 i $3.95 i $3.72 i $3.40 Small 150 $2.45 , $3.95 ' $4.00 j $3.00 i Medium 50 $2.45 $3.95 ' S4.00 $3.60 Large 1 25 1 $2.45 S3.95 S4.00 i $3.60 X-Large 75 $2.45 S3.95 : S4.00 ' S3.60 ITC ac�i TOTAL j .�pi,-�iw.�i.vv i $i,177..j V%O .gyp 1,nriY.uv i �i,7w.vv SUMMER TRACK 11 FIELD 6A. Tank -tops Small 120 I $3.44 $4.30 I $4.61 I $5.00 Medium 40 $3.44 $4.30 $4.61 $5.00 Large 20 $3.44 $4.30 $4.61 $5.00 X-Large 20 $3.44 $4.30 $4.61 $5.00 Sub Total $344.00 $430.00 $461.00 $500.00 $708.50 6B. T-Shirts (SS) Youth 14/16 10 $3.90 $3.95 $3.72 $4.30 Small 20 $4.25 $3.95 $4.00 S4.50 Medium i 10 I $4.25 I $3.95 i $4.00 I $4.50 Large 10 I $4.25 i S3.95 $4.00 $4.50 X-Large 10 i $4.25 S3.95 I S4.00 $4.50 Sub -Total ; $251.50 S237.00 $237.20 $268.00 $270.00 , ITEM #6 TOTAL ! i $595.50 $667.00 $698.20 i $768.00 $978.50 T.A.A. F. T/F REG MEET 7A. T-Shirts (Comp) Small 100 $3.45 $3.95 $4.04I S4.05 Medium 75 S3.45 I $3.95 $4.04 i $4.05 Large 50 $3.45 S3.95 ( $4.04 S4.05 X-Large 1 25 $3.45 $3.95I $4.04 $4.05 Sub -Total ' I $862.50 j $987.50 $1,010.00 I $1,012.50 I $1,612.50 7B. T-Shirts (Vol I !I Large 120 $4.70 I $3.95 j S4.36 $6.10 j X-Large i 30 i $4.70 $3.95 i $4.36 4 $6.10 XX-Large 1 10 I $5.80 $4.95 $5.361 S7.10 I Sub -Total 1 $293.00 1 $247.00I $271.60 $376.00 I $495.00 7C. T-Shirts (Hersh) I i Large 20 $4.70 $3.95 $4.36 $6.60 X-Large 30 I $4.70 ` $3.95 $4.36 I 56.60 XX-Large e 10 $5.80 $4.95 I � $5.36 $7.60 Sub -Total I $293.00 1 $247.00 i $271.60 $406.00 I i $495.00 ITEM #7 TOTAL i $1,448.50 $1,481.50 $1,563.20 $1,794.50 , $2,602.50 } T.AAF. T/F BASKETBALL I I I 8A. T-Shirts (6') I I Large 12 W6.30 S4.50 S4.31 S7.75 X-Large 12 I $6.30 I 54.50 ! $4.31 I $7.75' Sub -Total i $151.20 I $108.00 $103.44 I $186.00 I $204.00 8B. T-Shirts (Men's) Large 112 i $6.30 ! $4.50 i $4.31 $7.75 X-Large 12 � i $6.30 I $4.50 i S4.31 Sub -Total I $151.20 I $108.00 $103.44 I $186.00 I $204.00 1 ITEM #8 TOTAL i ,.$302.40 i $216.00 $206.88 j $372.00 $408.00 • • SOFTBALL TOURNAMENT 9A. T-Shirts (SS) X-Large 30 $6.30 $4.50 ( $4.51 ( $8.15 1 ITEM #9 TOTAL 1 $189.00 I $135.00 1 $135.30 1 $244.50 j 8255.00 )) SUMMER BBALL CAMP 10A. T-Shirts (SS) Youth 14116 25 $3.30 $3.95 $3.72 $3.85 Small 75 $3.60 $3.95 $4.31 I $4.05 Medium 75I $3.60 $3.95 $4.31 $4.05 Large 50I S3.60 $3.95 $4.31 I $4.051 X-Large 125 I $3.60 $3.95 I $4.31 ! $4.05 I i ITEM #10 TOTAL $89250 $987.50 $1,062.75 1 $1,007.60 $962.50 LA PORTE FUN RUN 1 11 A T,13hirt8 (Dnmpl 1 1 1 I i j Youth 14/16 1 25 $3.75 i $4.35 I S4.65 1 $4.75 Small 75 $4.10 1 $4.35 $4.96 ( $4.95 lI Medium 75 1 S4.10 $4.35 S4.96 I $4.95 ' Large 50 I $4.10 $4.35 S4.96 i S4.95 I X-Large 125 $4.10 $4.35 $4.96 1 $4.95 Sub -Total I $1, 016.25 ! $1, 087.50 $1, 232.25 $1.232.50 S962.50 11 B. T-Shirts (Vol I i i Large 120 ' $4.10 I $4.35 $4.96 i $4.95 I I X-Large 30 $4.10 54.35 $4.96 I S4.95 Sub -Total ( $205.00 $217.50 I S248.00' S247.50 ; S325.00 ITEM #11 TOTAL ! $1,221.25 $1,305.00 1 $1,480.25 1 $1,480.00 ! $1,287.50 ! '_. FAMILY FUN FEST ( 1 1 I 1 12A. T-Shirts (SS) Medium 10 $3.50 1 $4.20 $4.25 j $4.90 Large 40 i $3.50 $4.20 $4.25 $4.90 X-Large 150 I $3.50 $4.20 1 $4.25 $4.90 ( XX-Large 50 I $4.60 ( $4.20 I $5.25 $4.90 ITEM #12TOTAL i $93V.VV ! $I,V50.00 $11,112.50 ( $1,�5.VV 1 $1,875.00 I I I GRAND TOTAL j 1 $12,634.55 1 $12,244.50 $13,922.68 I $14,804.50 $18,062.50 :RAND TOTAL LESS ITEM #1 1 $11,204.55 1 $12,244.50 $12,680.28 $13,614.50 $16,732.50 1 0 • BIDDER'S LIST SEALED BID #0636 - PARK & RECREATION T-SHIRTS & CAPS CONSTANZO ADVERTISING PETRO GRAPHICS P.O. BOX 1422 P.O. BOX 1168 LA PORTE, TX 77572 LA PORTE, TX 77572 MILLER'S SILK SCREEN 917 S. 4TH LA PORTE, TX 77571 COASTAL SCREENING 131 E. PASADENA FREEWAY PASADENA, TX 77506 R. B. SPORTWEAR 20 WILSON ROAD HUMBLE, TX 77338 ALL - SEW EMBROIDERY 3203 A PRESTON PASADENA, TX 77505 PRESTIGE PROMOTIONAL PRODUCTS 5910 LAMPMAN BEAUMONT, TX 77706 ACF TROPHIES & AD SPECIALTIES 2200 MAIN HOUSTON, TX 77002 DEER PARK SPORTING GOODS 825 CENTER STREET DEER PARK, TX 77536 BAYSHORE SUN PUBLISH DATES: APRIL 9, 1995 APRIL 16, 1995 n SCREEN IMAGES 2920 CRAWFORD HOUSTON, TX 77004 GOOSE CREEK SPECIALTIES 1314 MARKET DR. BAYTOWN, TX 77520 SPACE CITY SCREEN GRAPHICS 2200-C HIGHWAY 146 SEABROOK, TX 77586 AD A NAME 626 S. PARKTOWN DEER PARK, TX 77536 DELANE'S AD SPECIALTIES 1708 SENS RD. LA PORTE, TX 77571 CARROUSEL PRODUCTIONS 9630 CLAREWOOD, SUITE D-1 HOUSTON, TX 77036 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 REOUWT FOR CITY COUNCIL AGENDAA&TEM Agenda Date Requested: May 22, 1995 -> _ Requested By: Steve Gillett Department: Public Works XXX Report Resolution Ordinance Exhibits: Sealed Bids #0641 - Plastic Garbage Bags Bidder's List SUMMARY & RECOMMENDATION Advertised, sealed bids #0641 for plastic garbage bags were opened and read on May 15, 1995. Bid requests were mailed to eleven (11) vendors with four (4) returning bids. Low bid meeting specifications was submitted by Arrow Industries at a price of thirty-nine cents ($0.39) per pound. With a purchase of 72,000 pounds for the August bag handout, the total cost of the contract would be twenty- eight thousand, eighty dollars ($28,080.00). This price is a decrease of 9% under the price of the last garbage bags bid. H-GAC has a contract price of $0.422 per pound . The cost of purchasing the bags through H-GAC, including Administrative Fee of 3%, would be $31,295.52. Staff recommends award of the bid for the purchase of plastic garbage bags to Arrow Industries, low bidder meeting specifications, at a price of $0.39 per pound. Funds for this purchase are budgeted in the Solid Waste Division FY 94-95 Operating Budget. Action Required by Council: Award bid for the purchase of plastic garbage bags to Arrow Industries, low bidder meeting specifications, in the amount of $28,080. Availability of Funds: XXX General Fund Capital Improvement Other Account Number: 001-700-702-215 Water/Wastewater General Revenue Sharing Funds Available: XX YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager 0 • CITY OF LA PORTE INTER -OFFICE MEMORANDUM MAY 15, 1995 TO: STEVE GILLETT, PUBLIC WORKS DIRECTOR FROM: SUSAN KELLEY, PURCHASING AGENT SUBJ: SEALED BID #0641 - PLASTIC GARBAGE BAGS Advertised, sealed bids #0641 - plastic garbage bags were opened and read on May 15, 1995. Bid requests were mailed to eleven (11) vendors with four (4) returning bids and one (1) no bid. Low bid meeting specifications was submitted by Arrow Industries. The cost for 72,000 lbs. of bags is $28,080.00. This is a 9% decrease from the last purchase. HGAC currently has a contract with Bemis Company for a price of $.422 per pound. Including the administrative fee, the cost would be $31,295.52. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. Attachment: Bid Tabulation Bidder's List BID TABULATION - GARBAGE BAGS BIDDER'S LIST SEALED BID #0641 - PLASTIC GARBAGE BAGS AMERICAN FILM PRODUCTS P.O. BOX 7596 MONROE, LA 71211 ARROW INDUSTRIES P.O. BOX 810489 DALLAS, TX 75381 CONSOLIDATED PLASTICS COMPANY 8181 DARROW ROAD TWINSBURG, OH 44087 JONES PACKAGING, INC. 505 EAST TRAVIS, SUITE 205 M.ARSHALL, TX 75670 RAMPAK GROUP, INC. 11811 EAST FRWY., SUITE 550 HOUSTON, TX 77029 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 AR -BEE TRANSPARENT 1450 PRATT BLVD. ELK GROVE VILLAGE, IL 60007 BEMIS COMPANY P. 0. BOX 5724 TERRE HAUTE, IN 47808-0905 DYNA-PAK CORPORATION 112 HELTON DRIVE LAWRENCEBURG, TN 38464 M.A.N.S. DISTRIBUTORS 6801 CRESTLAND AVE. DALLAS, TX 75252 SUNBELT PLASTICS P.O. BOX 7400 MONROE, LA 71211 BAYSHORE SUN - PUBLISH DATES APRIL 30, 1995 MAY 7, 1995