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Home My WebLink About1995-07-10 Regular Meeting1] • 1. 2. MINUTES OF THE LA PORTE JULY CALL TO ORDER REGULAR MEETING OF CITY COUNCIL 10, 1995 The meeting was called to order by Mayor Norman L. 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, Jack Maxwell and Jerry Clarke Members of Council Absent: Councilperson Deotis Gay Members of City Staff and Employees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, City Secretary Sue Lenes, Assistant City Manager John Joerns, Finance Director/Assistant City Manager Jeff Litchfield, Assistant Director of Finance Cynthia Alexander, Chief of Police Bobby Powell, Police Lieutenant Aaron Corrales, Director of Administrative Services Louis Rigby, Director of Public Works Steve Gillett Others Present: 1st Class Boy Scout Craig Conaway representing Boy Scout Troop 759 in Deer Park, his father Eddie Conaway, and several La Porte citizens INVOCATION BY DR. WAYNE SPEARS - FAIRMONT PARK BAPTIST CHURCH The invocation was given by Mayor Norman L. Malone in the absence of Dr. Wayne Spears. Mayor Malone introduced Craig Conaway and his Father Eddie Conaway. Mayor Malone announced that Craig is a 1st Class Scout in Boy Scout Troop 759 in Deer Park, and he is visiting tonight's Council meeting working on a merit badge. 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING DUNE 26, 1995 minutes of June 26, 1995. Second by Councilperson McLaughlin. The motion carried, 7 ayes, 0 nays. (Councilperson Porter was away from the Council table for the vote) Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Maxwell, Clarke and Mayor Malone Nays: None Councilperson Porter was seated at the Council table at 6:05 P.M. Minutes Regular Meeting La Porte City Council July 10, 1995, Page 2 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL The were no citizens wishing to address Council. S. CONSIDER AN ORDINANCE APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENT AGREEMENT NO. 4 TO U.S. GOVERNMENT LEASE NO. W-41-2334-ENG-1821 (Ord. 95-2044) - S. Gillett Director of Public Works Steve Gillett reviewed the summary and staff recommendation for this request. City Attorney read: ORDINANCE NO. 95-2044 - AN ORDINANCE APPROVING AND AUTHORIZING THE DEPARTMENT OF THE AIR FORCE SUPPLEMENTAL AGREEMENT NO. 4 TO LEASE NO. W-41-243-ENG-1821, BETWEEN THE CITY OF LA PORTE AND THE UNITED STATES OF AMERICA; 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 Maxwell to approve Ordinance 95-2044 as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell, Clarke and Mayor Malone Nays: None 6. ADMINISTRATIVE REPORTS A* REMIND COUNCIL ABOUT BUDGET WORKSHOPS City Manager Robert T. Herrera reminded Council the Budget Workshops will begin on August 14 and continue through August 18. Mr. Herrera reported a detailed break down will be provided for Council probably ten days prior to the beginning of the workshops. He reminded Council of the executive session item on tonight's agenda. 7. COUNCIL ACTION Councilpersons Cooper, McLaughlin, Porter, and Mayor Malone brought items to Council's attention. Minutes Regular Meeting La Porte City Council July 10, 1995, Page 3 Mayor Malone called 1st Class Boy Scout Craig Conaway to the council table and presented him with a City of La Porte pin. Mayor Malone passed the gavel to Craig and asked him to retire the Council into executive session. 8. 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 551.075 - (CONFERENCE WITH EMPLOYEES) RECEIVE REPORT FROM CITY MANAGER REGARDING PERSONNEL MATTER IN THE POLICE DEPARTMENT Council retired into Executive Session at 6:12 P.M. to discuss A.) Receive report from City Manager regarding personnel matter in the Police Department. Council returned to the table at 6:48 P.M. with no action taken. 9. ADJOURNMENT There being no further business to come before Council, the meeting was duly adjourned at 6:49 P.M. Respectfully submitted, Sue Lenes, City Secretary Passed and Approved this the 24th day of July, 1995 Alton Porter, Mayor Pro Tem 0 0 REOTI&ST FOR CITY COUNCIL AGEND TEM Agenda Date Requested: July 10 1 95 Requested By: S. Gillett Department: Public Works Report Resolution XXXX Ordinance Exhibits: Ordinance No. 95- Supplemental Agreement No. 4 Plat of proposed Southeast Lease Area SUMMARY & RECOMMENDATION Based on the most recent Airport Master Plan and the future needs of airport tenants, the City, in May 1992, met with Texas Air National Guard officials to discuss the lease agreement between the City and the United States for 12.473 acres, originally signed on October 19, 1948. Specifically, the City requested the Guard to relinquish 6.6 acres of the lease to the City for future airport development. The request, after review by local and state Guard officials, was forwarded to Washington D.C. for review by the federal Guard Bureau and Corps of Engineers. The request finally received approval and Supplemental Agreement No. 4 to U.S. Government Lease No. W-41-234-ENG-1821 was prepared and submitted for the approval by the City. The attached plat illustrates the existing and proposed lease area for the Guard. The released area (shaded) will allow greater flexibility and enhance the Airport's ability to provide quality lease areas for future development. Action Required by Council: Approve Ordinance No 95- authorizing the City Manager to execute Supplemental Agreement No. 4 to U.S. Government Lease No. W-41-234-ENG-1821. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: N/A Funds Available: YES NO Approved for City Council Agenda Robert T. Herrera DATE City Manager ORDINANCE NO. 95- 2044 AN ORDINANCE APPROVING AND AUTHORIZING THE DEPARTMENT OF THE AIR FORCE SUPPLEMENTAL AGREEMENT NO. 4 TO LEASE NO. W-41-243-ENG-1821, BETWEEN THE CITY OF LA PORTE AND THE UNITED STATES OF AMERICA; 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 0 • ORDINANCE NO. 95- 2044 PASSED AND APPROVED, this loth day of July, 1995. CITY OF LA PORTE By: A Zrma'A'.';�MWal-ohe, Mayor ATTEST: Sue Lenes, City Secretary APPROVED: Knox W. Askins, City Attorney PAGE 2 0 • DEPARTMENT OF THE AIR FORCE SUPPLEMENTAL AGREEMENT NO. 4 TO LEASE NO. W-41-243-ENG-1821 BETWEEN THE CITY OF LA PORTE, TEXAS AND THE UNITED STATES OF AMERICA THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of July 1995, by and between the CITY OF LA PORTE, TEXAS, whose address is La Porte, Texas, for itself, its successors and assigns, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government, WITNESSETH: WHEREAS, on the 19th day of October 1948, the parties hereto entered into Lease No. W-41-243-ENG-1821 (as amended by Supplemental Agreements No. 1 dated 5 April 1951, No. 2 dated 1 April 1955, and No. 3 dated 2 February 1977) whereby the Lessor granted unto the Government the use and occupancy of a tract of land situated in the County of Harris, State of Texas, being more particularly described in the lease and supplemental agreements thereto: WHEREAS, the City of La Porte having requested the return of a 6.6o acres (more or less) parcel of land located east of the Government's improved area and more particularly described and depicted on Exhibit B (attached hereto) as "Tract B" leaving a called for 5.873 acres (more or less) from the 12.473 acres (more or less) leased to the Government, surveyed to contain 5.912 acres (more or less) delineated on Exhibit A (attached hereto) as "Tract A": WHEREAS, it is the desire of the parties and in the best interest of the Government to grant Lessor's request and to amend the aforesaid lease to replace the metes and bounds description and reduce the acreage leased to the Government and specify actions to be accomplished by the Lessor. NOW THEREFORE, said Lease is amended effective 1 July 1995 in the following particulars, but no others: 1. The legal description of the lease property as contained in Provision 2, as amended by Supplemental Agreement No. 3, is further amended to read as follows: "Being a tract of land out of the W. R. Jones Survey, Harris County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the southeast corner of said 300.14 acre La Porte Airport tract, having coordinates of N 13, 810, 419.08 and E 3, 220, 257.64. THENCE S 86 degrees 56 minutes 13 seconds W: coincident with the north right-of-way line of West Main Street (Spencer Highway) (100' ROW); a distance of 1807.30 feet to the southeast corner of this 5.912 acre tract and the POINT OF BEGINNING and having coordinates of N 13, 810, 322.52 and E 3, 218, 453.14. THENCE S 86 degrees 56 minutes 13 seconds W: coincident with the north right-of-way line of West Main Street, a distance of 633.14 feet to the southwest corner of this 5.912 acre tract. THENCE N 15 degrees 08 minutes 09 seconds E, a distance of 538.20 feet to the northwest corner of this 5.912 acre tract. THENCE N 86 degrees 56 minutes 13 seconds E, a distance of 250.05 feet to a point for corner. THENCE S 48 degrees 17 minutes 31 seconds E, a distance of 300.00 feet to a point for corner. THENCE S 03 degrees 27 minutes 00 seconds E, a distance of 300.00 feet to the POINT OF BEGINNING, enclosing a tract of land containing 5.912 acres more or less." 2. Provision 2.1 is added as follows: 2.1 Lessor agrees to relocate boundary fence to encompass the reduced leased land. As so amended and supplemented, the Original Lease shall be and remain in full force and effect during the remainder of the term thereof as a contract between the parties hereto. IN WITNESS WHEREOF the parties hereto have subscribed their names as of the day and year first above written. THE CITY OF LA PORTE, TEXAS By: (Title) UNITED STATES OF AMERICA By: (Title) 2 • TRACT A The 5.912 acre tract is more particularly describe by metes and bounds as follows; COMMENCING at the Southeast corner of said 300.14 acre La Porte Airport tract, having coordinates of N 13, 810, 419.08 and E 3, 220, 257.64. Thence S 86 degrees 56 minutes 13 seconds W: coincident with the North right- of-way line of West Main Street (Spencer Highway) (100' ROW); a distance of 1807.30 feet to the Southeast corner of this 5.912 acre tract and the POINT OF BEGINNING and having coordinates of N 13, 810, 322.52 and E 3, 218, 453.14. Thence S 86 degrees 56 minutes 13 seconds W: coincident with the North right- of-way line of West Main Street; a distance of 633.14 feet to the Southwest corner of this 5.912 acre tract. Thence N 15 degrees 08 minutes 09 seconds E a distance of 538.20 feet to the Northwest corner of this 5.912 acre tract. Thence N 86 degrees 56 minutes 13 seconds E a distance of 250.05 feet to a point for corner. Thence S 48 degrees 17 minutes 31 seconds E a distance of 300.00 feet to a point for corner. Thence S 03 degrees 27 minutes 00 seconds E a distance of 300.00 feet to the POINT OF BEGINNING. ..SENT BY:ELLINGTON ANGS 5- 5-95 ;11:46AM 147tn GIV ENG 58N'46365U 3U1 961 3650;920 `j aeAlr � . N N•ieIIS4 r - 2t+O.0i' ALL COORDINATES AND WAMN" ARQ RrFtRRED TO THE COORDINATE STET= OF 1903, aWr)4 CENTRAL ZON9 . All C IN TMt TZX" NATURAL RESOURCES COOLT, 31=0111 2 L C AND A11t W90 ON THE P041T10N OF ' l.A PORTS 19412 ft@USNEO CDORM"TE! Off N 4, 200, 400.770 AND r•4"IT1718[-SOO, r NO,TSi.SM METERS , AND N 13,SI0, 342.84 A E 3, 217, ut. 31 U.S. wRVE•/ FOOT ; ANO NAVINS am ii pQTOn OF 0.10964794. TRACT A 4912 Ar- 1 167, 111 S.F. 1 ,•• f 07.27'00'E - 300' ,P.09. S.r. Colt W.14 Ae. LA MR' J N Ii.ilO, 122.1i YUMPCIPAL AIRPORT R i,�l�, 4 .1• i N• N 13 w - tiy.1A _.i '..� . , / • P.O.C. 3 as � Is w •trot, i0 N 13,i10, 41f.OS t a,uo,za7.s4 WEST MAIN STREET ( SPENCER HWY. l PROPOSM AIR NATXNAL GUARD LEASE PREPARED FOR : C1T7 OF LA POPTE PREPARED BY: H. CAALO3 SM 1TH / E DATE : DEC. 3, 1992 JOG NO. 274 4 - 9 2 r PROP. 60' WIDE R/W PROP. 24' WIDE DRIVE LA PORTE MUNICIPAL AIRPORT SOUTHEAST LEASE AREA