HomeMy WebLinkAbout1996-08-12 Regular MeetingMINUTES OF THE REGULAR MEETING OF
LA PORTE CITY COUNCIL
AUGUST 12, 1996
1. CALL TO ORDER
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, Councilperson Guy Sutherland, Mike
Cooper, Bob Thrower, Bob McLaughlin, Alton Porter, Deotis Gay, and Jack Maxwell
Members of Council Absent: Councilperson Clarke
Members of City Staff Present: City Manager Robert T. Herrera, Assistant City Attorney John
Armstrong, City Secretary Sue Lenes, Assistant City Manager John Joerns, Director of Finance/ACM Jeff
Litchfield, Director of Administrative Services Louis Rigby, Director of Planning Guy Rankin, Director
of Parks and Recreation Stephen Barr, Police Chief Bobby Powell, Fire Chief Joe Sease, Assistant Finance
Director Cynthia Alexander
Others Present: Special Counsel Attorney Barry Abrams, David Baker representing Houston Lightning
and Power, Lou Lawler representing the Lou Lawler Seafarer Center, Colleen Hicks representing the
Chamber of Commerce, and several La Porte citizens
2. INVOCATION BY REV. WALTER PINKNEY - ZION HILL BAPTIST CHURCH
The invocation was delivered by Rev. Walter Pinkney, pastor of Zion Hill Baptist Church, La Porte, Texas
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING JULY 22, 1996
Motion was made by Councilperson McLaughlin to approve the minutes of July 22 as presented. Second
by Councilperson Cooper. The motion carried, 6 ayes, 0 nays and 2 abstain
Ayes: Councilpersons Cooper, Thrower, McLaughlin, Porter, Gay, and Mayor Malone
Nays: None
Abstain: Councilpersons Sutherland and Maxwell
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS
WISHING TO ADDRESS COUNCIL
There were no citizens wishing to address Council.
5. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING
AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE SOCCER CLUB,
REGARDING THE USE OF YOUTH SOCCER FACILITIES IN THE CITY OF LA PORTE (Ord.
96-2126) - S. Barr
Director of Parks and Recreation Stephen Barr reviewed the summary and recommendation for passage
of Ordinance 96-2126 which establishes a formal agreement between the City of La Porte and the La Porte
Soccer Club regarding the use of youth soccer facilities in the City of La Porte. City Manager Robert T.
Herrera clarified questions from Council regarding the youth groups joint participation with the City of La
Porte in providing various amenities and facilities at various soccer facilities owned by the City of La
Porte.
•
Minutes Regular Meeting
La Porte City Council
August 12, 1996, Page 2
Assistant City Attorney read: ORDINANCE 96-2126 - AN ORDINANCE APPROVING AND
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE
SOCCER CLUB, REGARDING THE USE OF SOCCER FACILITIES; 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 CouncillIerson Cooper to approve Ordinance 96-2126 as read by the Assistant City
Attorney. Second by Councilperson Sutherland. The motion carried, 8 ayes, and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, and Mayor
Malone
Nays: None
6. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING
AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE SOCCER CLUB
FOR CONSTRUCTION OF A CONCESSION/PAVILION FACILITY AT NORTHWEST PARK.
(Ord. 96-2127) - S. Barr
Director of Parks and Recreation Stephen Barr reviewed the summary and recommendation for the request
to approve Ordinance 96-2127 which authorizes an agreement between the City of La Porte and the La
Porte Soccer Club for construction of a Concession/Pavilion facility at Northwest Park.
Assistant City Attorney read: ORDINANCE 96-2127 - AN ORDINANCE APPROVING AND
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE
SOCCER CLUB, FOR CONSTRUCTION OF A CONCESSION/PAVILION FACILITY AT
NORTHWEST PARK; 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 Sutherland to approve Ordinance 96-2127 as read by the Assistant City
Attorney. Second by Councilperson Cooper. The motion carried, 8 ayes, and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, and Mayor
Malone
Nays: None
7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING
AND AUTHORIZING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF LA PORTE
AND ALLEN R. PRINCE FOR SETTLEMENT OF A LAWSUIT.(Ord. 96-2128) 4. ARMSTRONG
Councilperson Deotis Gay requested that Item 7 be delayed for consideration until after the executive
session. Mayor Malone stated, "Council will take this item to executive session for review."
0
Minutes Regular Meeting
La Porte City Council
August 12, 1996, Page 3
8. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING
AND AUTHORIZING AN INTERLOCAL PURCHASE AGREEMENT BETWEEN THE CITY OF
LA PORTE AND CITY OF SEABROOK (Ord. 96-2129) - L. Rigby
Director of Administrative Services Louis Rigby reviewed the summary and recommendation to approve
an interlocal agreement with the City of Seabrook, allowing Seabrook to purchase certain goods and
services from Insituform Technologies, Inc, through Insituform Gulf South in Houston, and through the
City of La Porte's annual contract with that contractor.
Assistant City Attorney read: ORDINANCE 96-2129 - AN ORDINANCE APPROVING AND
AUTHORIZING AN INTERLOCAL PURCHASE AGREEMENT BETWEEN THE CITY OF LA PORTE
AND THE CITY OF SEABROOK, FOR THE CITY OF SEABROOK TO PURCHASE FROM THE
CITY OF LA PORTE CERTAIN GOVERNMENTAL ADMINISTRATIVE FUNCTIONS, GOODS OR
SERVICES WHICH THE CITY OF LA PORTE IS CURRENTLY PURCHASING FOR ITSELF;
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 Gay to approve Ordinance 96-2129 as read by the Assistant City
Attorney. Second by Councilperson McLaughlin. The motion carried, 8 ayes, and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, and Mayor
Malone
Nays: None
9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING,
ABANDONING AND CLOSING THE ALLEY OF BLOCK 119, IN THE TOWN OF LA PORTE,
HARRIS COUNTY, TEXAS; AND A PORTION OF SOUTH 11th STREET, IN THE TOWN OF
LA PORTE, HARRIS COUNTY, TEXAS (Ord. 96-2130) - G. Rankin
Director of Planning Guy Rankin reviewed summary and recommendation for approval of Ordinance 96-
2130 vacating, abandoning, and closing the alley of Block 119, and the right-of-way of South 11th Street
between Blocks 119 & 120, Town of La Porte. The ordinance also stipulates certain prerequisites and
deliverables to the City within 45 days of passage and approval. City Manager Robert T. Herrera,
Assistant City Manager John Joerns, and Director of Planning Guy Rankin answered question and concerns
from Council. Councilperson Gay asked the realtor handling the property sale, Decker McKim, the name
of the furniture company who intends to purchase and build a facility in the area. Mr. McKim reported
G & P Furniture Company in La Porte, is the potential buyer for the purpose of expanding their present
business, and this ordinance must be approved by Council before G & P will complete the purchase of the
property.
Assistant City Attorney read: ORDINANCE 96-2130 - AN ORDINANCE VACATING, ABANDONING
AND CLOSING THE ALLEY IN BLOCK 119, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS;
AND VACATING, ABANDONING AND CLOSING A PORTION OF THE RIGHT-OF-WAY OF
SOUTH 11TH STREET, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING
COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
0
C�
Minutes Regular Meeting
La Porte City Council
August 12, 1996, Page 4
Motion was made by Councilperson Gay to approve Ordinance 96-2130 as read by the Assistant City
Attorney. Second by Councilperson Sutherland. The motion carried, 8 ayes, and 0 nays.
Ayes: Councilperson Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, and Mayor
Malone
Nays: None
10. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE IMPOSING A
TEMPORARY MORATORIUM ON THE ISSUANCE OF ZONING PERMITS FOR ADULT
ORIENTED BUSINESSES (Ord. 96-2131) - G. Rankin
City Manager Robert T. Herrera reviewed the summary and recommendation for the request to approve
an ordinance establishing a moratorium on sexually oriented businesses in the City of La Porte. Mr.
Herrera and Assistant City Attorney John Armstrong answered questions and concerns from Council.
Assistant City Attorney read: ORDINANCE 96-2131 - AN ORDINANCE OF THE CITY OF LA
PORTE, TEXAS, IMPOSING A TEMPORARY MORATORIUM ON THE ISSUANCE OF ZONING
PERMITS FOR ADULT ORIENTED BUSINESSES, PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR THE EXPIRATION OF THE MORATORIUM; PROVIDING A SAVINGS CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion was made by Councilperson McLaughlin to approve Ordinance 96-2131 as read by the Assistant
City Attorney, Second by Councilperson Thrower. The motion carried, 8 ayes, and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, and Mayor
Malone
Nays: None
11. CONSIDER AWARDING A BID FOR THE PURCHASE OF A TRIPLE COMBINATION PUMPER
(1500 GPM FIRE APPARATUS) TO WILSON FIRE APPARATUS AND EQUIPMENT WITH KME
FIRE APPARATUS AS THE BUILDER - J. Sease
Fire Chief Joe Sease reviewed the summary and recommendation for the request to award a bid for a
Triple Combination Pumper to Wilson Fire Apparatus and Equipment, bidding a unit built by KME Fire
Apparatus, in the amount of $211,224.00.
Motion was made by Councilperson Sutherland to award a bid for a Triple Combination Pumper to Wilson
Fire Apparatus and Equipment Company. Second by Councilperson Gay. The motion carried, 8 ayes,
and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, and Mayor
Malone
Nays: None
•
•
Minutes Regular Meeting
La Porte City Council
August 12, 1996, Page 5
12. ADMINISTRATIVE REPORTS
A. COUNCIL RETREAT, AUGUST 16 - 18, 1996
B. BUDGET WORKSHOP, AUGUST 19 - 23, 1996
City Manager Robert T. Herrera reminded Council A) The dates of the Council/Staff Retreat to go over
certain pending policy items and matters before the City Council; B) Monday, August 19th we will start
our budget presentations and budget workshops with the City Council. We will start at 6:00 P.M. and try
to end by 9:30 P.M. The meetings are scheduled for approximately five (5) days. Mr. Herrera also
reported that Special Counsel for the City has arrived, and Council can retire into executive session when
they so please.
13. COUNCIL ACTION
Councilperson Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell and Mayor Malone brought items
to Council's attention. Councilperson Gay and Mayor Malone introduced Area Manager David Baker,
representing Houston Lighting and Power Company.
14. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW,
CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, -
(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 551.071- (LEGAL)
MEET WITH CITY MANAGER, CITY ATTORNEY AND SPECIAL LEGAL COUNSEL TO
RECEIVE REPORT REGARDING PRINCE LAWSUIT
Council retired into executive session at 6:44 P.M. under A.) Section 551.071 - (Legal), Meet with City
Manager, City Attorney and Special Legal Counsel to receive report regarding Prince Lawsuit and to
discuss Agenda Item 7. Consider approval or other action regarding an ordinance approving and authorizing
a settlement agreement between the City of La porte and Allen R. Prince for settlement of a lawsuit.
Council returned to the table and reconvened the meeting at 7:13, with no action taken.
0 •
Minutes Regular Meeting
La Porte City Council
August 12, 1996, Page 6
Mayor Malone brought back to Council for consideration Item 7 on the Agenda:
7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING
AND AUTHORIZING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF LA PORTE
AND ALLEN R. PRINCE FOR SETTLEMENT OF A LAWSUIT. (Ord. 96-2128) -J. ARMSTRONG
Assistant City Attorney read: ORDINANCE 96-2128 - AN ORDINANCE APPROVING AND
AUTHORIZING A RELEASE AND CONTRACT OF SETTLEMENT BETWEEN THE CITY OF LA
PORTE AND ALLEN RAY PRINCE; APPROPRIATING NOT TO EXCEED $500,000.00 TO FUND
SAID CONTRACT; 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 Gay toUnrove Ordinance 96-2128 as read by the Assistant City
Attorney. Second by Councilperson Porter. The motion carried, 8 ayes, and 0 nays.
Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, and Mayor
Malone
Nays: None
15. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE
SESSION
There was no consideration for this item.
16. ADJOURNMENT
There being no further business to come before Council, the meeting duly adjourned at 7:14 P.M.
Respectfully submitted,
Sue Lenes, City Secretary
Passed and Approved this the 26th
k
of August, 1 96
zrman L. Malone, Mayor
0 •
REQUEST FOR CITY CO NCIL AGENDA VEM
Agenda Date Requested:
St _ohen L B Department: Parka &Recreation
Requested By: ---
Report Resolution X Ordinance
Exhibits: 1. Ordinance 96- Approving and Authorizing an Agreement between
the City of La Porte and the La Porte Soccer Club
2. Agreement Between the City of La Porte and the La Porte Soccer Club
Regarding the Use of Soccer Facilities
SUMMARY & RECOMMENDATION
The City of La Porte, through the Parks & Recreation Department has worked with the La Porte
Soccer Club for many years to provide recreational soccer for the approximately 550 boys and girls
of La Porte who play soccer annually in this city. The City has traditionally provided fields and
maintenance of those fields, described in the Agreement; while the Association, through its parent
board, has provided organizational support by organizing leagues, tournaments, practices,
scheduling games, uniforms, etc. for the kids. The Ordinance considered here will formalize the
City's agreement with the La Porte Soccer Club for the first time.
Under the proposed Agreement, the Parks and Recreation Department would continue to manage all
operations related to facility and grounds maintenance at the designated youth soccer fields in the
park system. The City would formally accept responsibility for maintenance of structures, fencing,
parking lots, sidewalks, turf areas, and field maintenance at the youth soccer facilities. The La Porte
Soccer Club would continue to conduct year-round youth soccer league games, practice games,
tournament games, and league playoff games for the soccer community. The public would have
access to the fields for pickup games at times when the fields are not specifically being :used of
prepared for soccer matches by the Association. The City reserves the right to close the fields for
maintenance or other purposes when conditions require such closing.
The Agreement would remain in effect for five (5) years, with an option to continue for an additional
five (5) years if both parties agree. The Agreement calls for provision of liability insurance by the
Association (which it already provides) to cover both participants, and the City. The Agreement calls
for provision of financial statements from the Association to the City to assure the Association's
fiscal responsibility.
Staff recommends the approval of Ordinance 96- which establishes a formal Agreement between
the City of La Porte and the La Porte Soccer Club regarding the use of youth soccer facilities in the
City of La Porte.
Action Required by Council:
Consider approval of Ordinance 96- which establishes a formal Agreement between the City of
La Porte and the La Porte Soccer Club regarding the use of youth soccer facilities in the City of La
Porte.
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
pMaTn
rrera, Da e
r
4
ORDINANCE NO. 96-2126
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE LA PORTE SOCCER CLUB, REGARDING THE USE OF
SOCCER FACILITIES; 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. 96- 2126
PASSED AND APPROVED, this 12th day of August, 1996.
CITY OF LA PORTE
By: XZZ22�
y i�
Norman L. Malo e,
Mayor
ATTEST:
S,-a- - ;Z:��
Sue Lenes,
City Secretary
APPROVED: /
Knox W. Askins,
City Attorney
PAGE 2
•
6
Agenda Date Requested: REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Stephen 1 z4r�_Z
De
partment: Parks R RPrrPation
Report Resolution X Ordinance
Exhibits: 1. Ordinance 96- Approving and Authorizing an Agreement between
the City of La Porte and the La Porte Soccer Club
2. Agreement Between the City of La Porte and the La Porte Soccer Club to
Construct a Concession/Pavilion Facility at Northwest Park
SUMMARY & RECOMMENDATION
The City of La Porte has worked to establish a formal agreement with the La Porte Soccer Club to provide recreational soccer for the youth of the City of La Porte. This Agreement, if approved, will
establish a joint venture project between the City of La Porte and the Association to construct a
Concession/Pavilion facility at Northwest Park for use by the youth soccer leagues at the park.
Northwest Park is the primary home of youth soccer in La Porte and where they play the majority of
their games and tournaments. There is a need to provide shelter at the park so that the kids have
a place to go during thunderstorms and rainstorms. There is also a need for restroom facilities at the
park to serve the players and their families and coaches. Currently, the only restrooms available are
those in the swimming pool area which causes conflict during the times the pool is in operation, and
a hardship on the soccer related patrons when the pool is not open. The new structure would
contain a concession stand, restroom facilities, and an open air pavilion for the use of the soccer
community.
Under the proposed Agreement, the La Porte Soccer Club would contribute Thirty -Five Thousand
Dollars ($35,000.00) toward the design and construction of the facility. The City of La Porte would
contribute Twenty Thousand Dollars ($20,000.00) toward the project. The City would manage all
operations relative to facility design and construction of the project. The Association would deposit
its share of the estimated project cost to the City within thirty (30) days of execution of the
Agreement. Monies left over after construction would be shared proportionately, and any costs over
the allocated funds will be shared equally by the Association and the City. The City reserves the right
to delay or cancel the project if costs exceed Ten Thousand Dollars ($10,000.00) over the estimated
costs of the facility.
Staff recommends the approval of Ordinance 96- which authorizes an Agreement between the
City of La Porte and the La Porte Soccer Club for construction of a Concession/Pavilion facility at
Northwest Park.
Action Required by Council:
Consider approval of Ordinance 96- which authorizes an Agreement between the City of La
Porte and the La Porte Soccer Club for construction of a Concession/Pavilion facility at Northwest
Park.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: 015-675-5 0-100 Funds Available: _X YES —NO
Approved for City Council Agenda:
Ar
14. 8 ,l,errera,Z__ Dat
nager
t
ORDINANCE NO. 96-2127
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE LA PORTE SOCCER CLUB, FOR CONSTRUCTION OF
A CONCESSION/PAVILION FACILITY AT NORTHWEST PARK; 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.
t.
ORDINANCE NO. 96- 2127
PASSED AND APPROVED, this 12th day of August, 1996.
ATTEST:
Sue enes,
City Secretary
APPROVED:
' S
Knox W. Askins,
City Attorney
CITY OF LA PORTE
By:
orm n L. Malone,
Mayor
PAGE 2
4
ORDINANCE NO. 96-2128
AN ORDINANCE APPROVING AND AUTHORIZING A RELEASE AND CONTRACT OF
SETTLEMENT BETWEEN THE CITY OF LA PORTE AND ALLEN RAY PRINCE;
APPROPRIATING NOT TO EXCEED $500,000.00 TO FUND SAID CONTRACT;
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. The City Council appropriates the sum not to exceed
$500,000.00 from the General Fund 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, 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.
• 9
ORDINANCE NO. 96-2128
PAGE 2
PASSED AND APPROVED, this 12th day of August, 1996.
CITY OF LA PORTE
By: zz�z;'vl-
/Ni6rman L. Malbne,
Mayor
ATTEST:
S'-' Z�'�
Sue Lenes,
City Secretary
APPROVED:
i
Knox W. Askins,
City Attorney
i •
R FOR CITY COUNCIL AGENDAEM
Agenda Date Requested: August 12 199
Requested By: Louis RibA/-�Department: Administrative Services
Report U Resolution Ordinance
Exhibits: Ordinance
Interlocal Agreement
SUMMARY & RECOMMENDATION
The City of Seabrook (Seabrook) has asked that the City of La Porte (City), through an
interlocal agreement, allow them to purchase certain goods and services for which the City has
a current annual contract.
The City has a contract with Insituform Technologies, Inc., through Insituform Gulf South in
Houston, to perform trenchless rehabilitation of sewer lines. Seabrook is needing to repair some
of their sewer lines and wishes to use this trenchless technology, through our contractor.
After reviewing the agreement, the City Attorney requested three minor changes which deal
with:
Seabrook's indemnification of the City
Seabrook's payments being made directly to the contractor
Insituform's approval
These changes will be made by Seabrook prior to the meeting.
Action Required by Council:
Approve interlocal agreement with the City of Seabrook.
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
"/-� Z� a A"
T. fleffera Date
41i,
ORDINANCE NO. 96-2129
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL PURCHASE
AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF SEABROOK,
FOR THE CITY OF SEABROOK TO PURCHASE FROM THE CITY OF LA PORTE
CERTAIN GOVERNMENTAL ADMINISTRATIVE FUNCTIONSr GOODS OR SERVICES
WHICH THE CITY OF LA PORTE IS CURRENTLY PURCHASING FOR ITSELF;
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 Mayor 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. 96-2129
PASSED AND APPROVED, this 12th day of August, 1996.
CITY OF LA PORTE
r
By:
N rman L. a on ,
Mayor
ATTEST:
Sue Lenes,
City Secretary
APP VED:
Knox W. Askins,
City Attorney
PAGE 2
ASKINS
& ARMSTRONG, P.
C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
CHARLES R. HUBER. JR.
BOARD CERTIFIED - CIVIL TRIAL LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
August 23, 1996
Ms. Sue Lenes,
City Secretary
City of La Porte
P. O. Box 1115
La Porte, TX 77572
RE: Interlocal Purchase Agreement
Insituform Corp.
Dear Sue:
RECEIVED
AUG 2 6 1996
CITY SECRETARY'S
TELEPHONE0�jag(2
-EI cnoPl I 1-2047
Enclosed is the fully executed interlocal agreement. Please place this document
in the City's records.
Should you have any questions, please don't hesitate to call.
Very tru_yyouurs,
Joikn D./Armstrong,
Assist nt City Attorney
JDA:las
Enclosure
cc: Louis Rigby, Dir. of Administrative Services
City of La Porte
I
0 Q
1
STATE OF TEXAS
§ INTERLOCAL PURCHASE AGREEMENT
COUNTY OF HARRIS §
This INTERLOCAL PURCHASE AGREEMENT ("Agreement"), made and
entered into pursuant to the Interlocal Cooperation Act, TEX. RIV. CIV. STAT.ANN. art.
4413 (32c), by and between the City of La Porte, a municipal corporation located in
Harris County, La Porte, Texas, hereinafter referred to as "La Porte," and City of
Seabrook, hereinafter referred to as the "Purchasing Government," having its principal
place of business at P.O. Box 539, Seabrook, Texas 7.7586.
WITNESSETH;
. WHEREAS, the purchasing Government desires to purchase certain
governmental administrative functions, goods or services which La Porte is currently
purchasing for itself; and
WHEREAS, La Porte hereby agrees to perform the scope of services outlined in
Article 5 as herein specified in accordance with the agreement;
NOW THEREFORE, La Porte and the Purchasing Government do hereby agree as
follows:
I
Legal Authority
The Purchasing Government warrants and assures La Porte that it possesses
adequate legal authority to enter into this agreement. The Purchasing Government's
governing body has authorized the signatory official (s) to enter into this Agreement
and bind the Purchasing Government to the terms of this Agreement and any
subsequent amendments hereto.
II
Applicable Laws
La Porte and the Purchasing Government agree to conduct all activities under
this Agreement in accordance with all applicable rules, regulations, ordinances and
laws in effect or promulgated during the term of.this Agreement.
III
Whole Agreement
The Interlocal Agreement and attachments, as provided herein, constitute the
complete Agreement between the parties hereto, and supersedes any and all oral and
written agreements between the parties relating to matters herein. Except as otherwise
provided herein, this Agreement cannot be modified without written consent of the
parties.
IV
Performance Period
The period of this Interlocal Agreement shall be for the balance of fiscal year of
the Purchasing Government which begins July 16, 1996 and ends July 16, 1997. This
contract shall thereafter automatically be renewed annually for each succeeding fiscal
year.
La Porte or the Purchasing Government may cancel this Agreement at any time
upon thirty (30) days written notice to the other party to this Agreement. The obligations
of the Purchasing Government shall survive such cancellation, as well as any other
obligation incurred under this Agreement, until performed or discharged by the
Purchasing Government.
V
Scope of Services
The purchasing Government appoints La Porte its true and lawful purchasing
agent for the bidding of certain materials and services, as enumerated through the
submission of a duly executed purchase hereunder shall be in accordance with
specifications established by La Porte.
The materials and services shall be procured in accordance with procedures
governing competitive bidding by La Porte. La Porte shall add Purchasing
Government's name, quantity requested, and delivery address to its bid documents.
Purchasing Government will order directly from the vendor awarded the bid. Ownership
(title) of material purchased shall transfer directly from the vendor to the Purchasing
Government.
VI
Payments
The Purchasing Government shall make its purchases of the bid materials and
service directly from vendor, and shall pay vendor for all purchases it makes. La Porte
does not assume any responsibility or liability to pay for materials or services included
in the bid for the benefit of the Purchasing Government.
VII
Changes and Amendments
Any alterations, additions, or deletions to the terms of this Agreement which are
required by, changes in Federal and State law or regulations are automatically
incorporated into this Agreement without written amendment hereto, and shall become
effective on the date designated by such law or regulation.
Vlll
Termination Procedures
Either La Porte or the Purchasing Government may cancel or terminate this
Agreement upon thirty (30) days written notice by certified mail to the other party. In
the event of such termination prior to completion of any purchase provided for herein,
such termination shall not preclude Purchasing from completing its purchases from the
vendors selected by bid under this Agreement.
IX
Severability
All parties agree that should any provision of this Agreement be determined to
be invalid or unenforceable, such determination shall not effect any other term of this
Agreement, which shall continue in full force and effect.
X
Force Maieure
To the extent that either party to this Agreement shall be wholly or partially
prevented from the performance within the term specified of any obligation or duty
placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood,
acts of war, insurrection, accident, judgment, act of God, or specific cause reasonably
beyond the party's control and not attributable to its neglect or nonfeasance, in such
event, the time for the performance of such obligation or duty shall be suspended until
such disability to perform is removed. Determination of force majeure shall rest solely
with La Porte.
XI
Venue
Venue and jurisdiction of any suit, or cause of action arising under or in
connection with the Agreement shall lie exclusively in Harris County, Texas.
XII
Indemnity and Reasonable Expectation by La Porte
of Uninterrupted Flow of Service From Insituform Corp.
Purchasing Government indemnifies and holds La Porte harmless from any claims,
demands or causes of action against La Porte, arising out of any purchases made or
attempted by Purchasing Government pursuant to this agreement.
Reference is here made to a letter dated August 7, 1996 from Insituform Corp. assuring
La Porte that, notwithstanding the addition of Purchasing Government to this source
contract for Insituform services, said City shall continue to enjoy the uninterrupted and
unimpeded full measure of its reasonable expectancies under the contract between La
Porte and Insituform Corp., for repair of damaged or deteriorated sewer line, as
needed, under what at one time was and may or may not still be a continuing sole
source contract for such services dated the 16th day of July, 1996. La Porte is relying
upon that representation in agreeing to assist Purchasing Government. Purchasing
Government shall, if necessary, cancel, delay or reduce its purchase in order for La
Porte to enjoy its normal and reasonable contractual expectation, but neither city is or
shall be a guarantor of Insituform Corp.'s contractual performance.
THIS INSTRUMENT SIGNED, in duplicate, this the 12th day of August, 1996.
ATTEST:
B • J�xhs
Citv Sec ,#e•{-A•r-3
0
, CITY OF SEABROOK
CITY OF LA PORTE
1,//iiiW-001021r, Not,,
ATTEST:
By:�
Sue Lenes, City Secretary
po
REQAT FOR CITY COUNCIL AGENDA I49
Agenda Date Requested: August 12, 1996
Requested By: Guy Rankin Department: Planning
Report Resolution X Ordinance
Exhibits:
1. Ordinance
2. Area Maps
SUMMARY & RECOMMENDATION
Decker McKim and Emery Farkas have petitioned the City of La Porte to close, vacate, and
abandon the alley of Block 119, as well as the right-of-way of South 11 th Street between
Blocks 119 & 120, Town of La Porte.
The closures are intended to open a larger tract of land for future development. Staff has
determined that no city or franchised utilities exist in the area to be closed. In addition, staff
has reviewed and processed the request with consideration to requirements for the future
expansion of Little Cedar Bayou which lies immediately west of the proposed closings. In
order to facilitate this expansion from an existing 60' wide H.C.F.C.D. easement to a future
170' wide H.C.F.C.D. right-of-way, the applicants have consented to deed a 1 10' x 400' strip
out of Block 120, Town of La Porte. A separate signed agreement between the City of La
Porte and the applicants will be executed for a complete survey of Little Cedar Bayou in this
area and will be submitted to the city at the applicant's cost at the time of closing the
property in Block 119 and 120.
Using the guidelines set forth in the ordinance regulating street & alley closings, the fair
market value of the alley of Block 119 has been estimated to be $10,698.24. The fair market
value of the portion of the right-of-way of S. 11 th St. has been estimated to be $24,683.40.
The total value for both right-of-ways to be closed equals $35,381.64. Using the same
methodology, staff has estimated the fair market value of the 110' x 400' strip out of Block
120 for the future widening of Little Cedar Bayou to be $20,212.50. The net amount of
monies received by the city for the closings equal $15,619.14.
Staff recommends approval of this request subject to the following conditions:
1.) Payment in the amount of $15,619.14 from the applicants to the city for
the closings within 45 day of passage and approval of the ordinance.
2.) Payment of all delinquent taxes owed on the property adjacent to closings.
3.) Execution of a General Warranty deed to a 1 10' x 400' strip of land out of
Block 120, Town of La Porte for the widening of Little Cedar Bayou.
Action Required by Council:
Consider approval of an ordinance vacating, abandoning, and closing the alley of Block 119,
Town of La Porte and the right-of-way of South 11 th St. between Blocks 119 & 120, Town
of La Porte. Said ordinance also stipulating certain prerequisites and deliverables to the City
within 45 days of passage and approval.
Availability of Funds: N/A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: Funds Available: YES NO
•
ORDINANCE NO. 96-2130
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK
1191 TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; AND VACATING,
ABANDONING AND CLOSING A PORTION OF THE RIGHT-OF-WAY OF SOUTH 11TH
STREET, 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 alley in Block 119, Town of La Porte, Harris
County, Texas, to vacate, abandon, and permanently close that alley
in Block 119, Town of La Porte, Harris County, Texas; and
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 South llth Street, Town of La
Porte, Harris County, Texas, to vacate, abandon, and permanently
close that portion of South lath Street, Town of La Porte, Harris
County, Texas; and
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine and declare that the
hereinafter described alley in Block 119, Town of La Porte, Harris
County, Texas, is not suitable, needed, or beneficial to the public
as a public road, street and alley, and the closing of the
hereinafter described alley in Block 119, 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
alley in Block 119, Town of La Porte, Harris County, Texas, should
be vacated, abandoned, and permanently closed; and
ORDINANCE NO. 96-2130
PAGE 2
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 South llth 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 the closing
of the hereinafter described portion of South llth 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 South lath Street, Town of La Porte, Harris
County, Texas, 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 253,
Section 253.001, Texas Local Government Code, all of the alley in
Block 119, Town of La Porte, Harris County, Texas, and the
hereinafter described portion of South llth Street, Town of La
Porte, Harris County, Texas, are hereby permanently vacated,
abandoned and closed by the City of La Porte, to -wit:
Tract 1: All of the alley located in Block One Hundred
Nineteen (119), Town of La Porte, Harris County, Texas.
Tract 2: That portion of the right-of-way of South filth
Street, Town of La Porte, Harris County, Texas, lying and
being situated between Block One Hundred Nineteen (119)
and Block One Hundred Twenty (120), Town of La Porte,
Harris County, Texas, and lying and being situated
between the south right-of-way line of West "D" Street,
and the north right-of-way line of West "E" Street, Town
of La Porte, Harris County, Texas, and containing 24,000
square feet.
ANCE NO. 96-2130 PAGE 3
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. Applicant shall
have forty-five (45) days from the effective date hereof to:
1. Pay the City of La Porte, in certified funds the sum of
$15,619.14 as partial consideration hereunder; and
2. Pay all delinquent taxes owing to all taxing agencies, on
the real property adjacent to the hereinabove described
alley, and the hereinabove described portion of South
filth Street', Town of LaPorte, Harris County, Texas; and
3. Execute and deliver to the City of La Porte, a General
Warranty Deed, in form satisfactory to the City Attorney
of the City of La Porte, conveying from the record owners
thereof to the City of La Porte, a 110 foot by 400 foot
strip in Block 120, Town of La Porte, Harris County,
Texas, the metes and bounds description to be used in
such Deed to be prepared by a licensed Texas public
surveyor, and approved by the City of La Porte.
Applicant shall also furnish title evidence from a title
insurance company, and tax certificates, showing that the
grantor in said Deed has good marketable title at the
time of such conveyance, and that all delinquent taxes
owing to all taxing agencies on said property have been
paid.
ORDINANCE NO. 96-2130
PAGE 4
The City Secretary shall not issue a certified copy of this
Ordinance until each of the three above described prerequisites has
been performed. If all of such prerequisites have not been
performed within forty-five (45) days from the effective date
hereof, this Ordinance shall be null and void.
PASSED AND APPROVED, this 12th day of August, 1996.
CITY OF LA PORTE
By: %'. ; A"p'' 11,
o an L. alo e,
Mayor
ATTEST:
Sue Lenes,
City Secretary
Knox W. Askins,
City Attorney
0 .
PROPOSED
CLOSINGS
20' STRIP TO BE AQUIRED
WEST
"�" ST.
90' STRIP TO BE AQUIRED
N.T.
N
I—
O
(n
0
"E"
WEST ST.
_
C�
I—
O
96-10
6 9
REQUA FOR CITY COUNCIL AGENDA C.
Agenda Date Requested: Augusstj 12, 1996 j
Requested By: Guy Rankin (�" � Department: Planning
Exhibits:
Report Resolution X Ordinance
1. Ordinance
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission has forwarded for Council's consideration, an
ordinance regulating sexually oriented businesses in La Porte. Council will soon be
holding a Public Hearing to receive input on the proposed ordinance and consider the
recommendation of the Planning and Zoning Commission.
We have prepared for your consideration, on August 12th, an ordinance establishing
a moratorium on (new) sexually oriented businesses. This moratorium, if approved,
would remain in effect until Council approves an ordinance regulating sexually oriented
businesses.
Action Required by Council:
Consider approving an ordinance establishing a moratorium on (new) sexually oriented
businesses.
Availability of Funds: N/A
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: Funds Available: YES NO
(rt T. Herrera DATE
City Manager
f
ORDINANCE NO. 96-2131
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, IMPOSING A TEMPORARY
MORATORIUM ON THE ISSUANCE OF ZONING PERMITS FOR ADULT ORIENTED
BUSINESSES, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE
EXPIRATION OF THE MORATORIUM; PROVIDING A SAVINGS CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
WHEREAS, the City is in the process of revising its zoning ordinance to provide
for the regulation of adult oriented businesses; and
WHEREAS, the City has the power under its general police power to provide for
a temporary moratorium on the issuance of zoning permits for adult oriented
businesses with limited exceptions, pending the revision of its zoning ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF LA PORTE, TEXAS:
Section 1. That the Building Official of the City of La Porte shall not issue any
zoning permit for an adult oriented business until on or after January 1, 1997, within the
corporate limits of the City of La Porte, Texas.
An "adult oriented business" shall have the same meaning as a "sexually
oriented business" as defined in Chapter 243.002 of the Local Government Code.
Section 2. That the provisions of this ordinance are severable and the
invalidity of any part of this ordinance shall not affect the validity of the remainder of the
ordinance.
Section 3. The moratorium on issuance of zoning permits for adult oriented
businesses shall expire on 12/31/96 at 11:59 p.m., Central Standard Time.
Section 4. The provisions of §11-300, et seq, of City of La Porte Ordinance
#1501, the zoning ordinance of the City of La Porte relating to the requirement that any
person (as defined in this zoning ordinance) desiring to occupy or use land or a
structure or desiring to change an existing use or occupancy of land or a structure,
shall first apply for and receive a zoning permit for said use, are expressly incorporated
into the provisions of this ordinance, as if set forth fully herein.
Section 5. 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 is 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 Chapter 551, Tx.
0ACLMSOMTemporary Moratorium Ordinance on SOBS
N
0 •
Gov't 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 6. This Ordinance shall be effective upon its passage and approval.
PASSED AND APPROVED on this the 121h day of August, 1996.
CITY OF LA PORTE
By: �Z
No a . L. Malone, M r
ATTEST:
By: <S, -,
Sue Lenes, City Secretary
0:\CLP\SOB\Temporary Moratorium Ordinance on SOBS 2
• •
ASKINS & ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
CHARLES R. HUBER. JR.
BOARD CERTIFIED - CIVIL TRIAL LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
August 9, 1996
Mr. John Joems
Assistant City Manager
City of La Porte
P. O. Box 1115
La Porte, TX 77572
RE: Temporary Moratorium Ordinance, Adult Oriented Businesses
Dear John:
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
As we have discussed, enclosed please find an ordinance providing for a temporary moratorium
on the issuance of zoning permits for adult oriented businesses in the City of La Porte. The purpose of
this ordinance is to regulate the location of such businesses while the Planning and Zoning Commission
and the City Council are in the process of revising the zoning ordinance to provide for the location and
regulation of adult oriented businesses in La Porte.
The temporary moratorium prohibits any person to operate or cause to operate an adult oriented
business, as defined in Chapter 243.002 of the Local Government Code of the State of Texas, without
first receiving a zoning permit from the City of La Porte. The ordinance goes further to provide that no
such permits shall be issued until December 31, 1996, or until passage of a permanent ordinance
regulating the location of such businesses.
For your information, I have also enclosed a copy of Chapter 243 of the Texas Local
Government Code. Chapter 243 of the Local Government Code gives municipalities specific authority to
regulate adult oriented businesses. Of further interest is the provision in Chapter 243.005, which
indicates that the regulation adopted under Chapter 243 does not exempt from regulation a business that
holds a license or permit under the Alcoholic Beverage Code.
I would ask that you cause this ordinance to be placed on the City Council agenda for the City
Council meeting of August 12, 1996. If you have any questions or comments, please do not hesitate to
give me a call.
Ily
,•D. rmstrong,
Attorney
-•
JDA:Ias
Enclosures
cc: Robert T. Herrera, City Manager
Guy Rankin, Planning Director
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: August 12, 1994
Requested By: J. L. Sease Department: Fire
X Report
Resolution
Exhibits:
1. Memo -Purchasing
2. Bid Tabulation Sheet
3. Low Bid Proposal Cover Sheet
SUMMARY & RECOMMENDATION
Ordinance
Sealed bids #0684 for a Triple Combination Pumper were opened on
July 15, 1996. Bid requests were sent to seven vendors with four
returning bids.
The low bidder meeting specifications was Wilson Fire Apparatus and
Equipment bidding a unit built by KME Fire Apparatus in the amount
of $211,224.00 with a delivery time of 220-280 calendar days. The
last three units purchased have been from this manufacturer and
have been trouble free units.
As you will recall, there is a notation in this years budget
manual, that this replacement pumper was to be bid, and ordered,
during the fiscal year 1995-96, at an estimated cost of
$199,500.00.
Considering that there is a seven to nine month delivery time,
funds in the amount of $211,224.00 will be allocated in the 1996-97
vehicle replacement budget to pay for this unit, upon delivery,
sometime in the spring or summer of 1997.
Action Required by Council:
Award the bid to recommended Vendor in the amount of $211,224.00
Availability of Funds:
General Fund
Capital Improvement
X Other
Water/Wastewater
General Revenue Sharing
Account Number: 009-500-501-865 Funds Available: X Yes No
Approved for City Council Agenda
�i�Manager
T. errera Da e
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
JULY 22, 1996
TO: JOE SEASE, FIRF1 CHIEF
FROM: SUSAN KELLEY, PURCHASING AGENT
SUBJ: SEALED BID #06084- TRIPLE COMBINATION CUSTOM PUMPER
APPARATUS
Advertised, sealed bids #0684 for triple combination custom pumper
apparatus were opened and read on July 15, 1996. Bid requests were
mailed to seven (7) vendors with four (4) returning bids.
Copies of the bids were given to you at the bid opening.
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 - FIRE TRUCK
DESCRIPTION
WILSON FIRE
APPRTS & EQUIP
MILE -HI T
FIRE EQUIP
CASCO
INDUSTRIES
SUTPHEN
CORPORATION
1. TRIPLE COMBINATION CUSTOM
$211,224.00
$220,584.00
$221,527.00
$222,983.00
PUMPER APPARATUS
MANUFACTURER
KME FIRE APPR
SEAGRAVE FIRE
I QUALITY MFG
I SUTPHEN CORP
BIDDER'S LIST
SEALED BID #0684
CASCO INDUSTRIES, INC.
1014 ANN STREET
PASADENA, TX 77506
FOUR ALARM FIRE EQUIPMENT
7999 HANSEN STREET, SUITE 402
HOUSTON, TX 77061
PIERCE MANUFACTURING INC.
P.O. BOX 2017
APPLETON, WI 54913
MILE-HI-T
2910 TEAGUE
HOUSTON, TX 77080-2514
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
FERRARA FIRE APPARATUS INC.
27855 JAMES CHAPEL RD.
HOLDEN, LA 70744
KME FIRE APPARATUS
ONE INDUSTRIAL COMPLEX
NESQUEHONING, PA 18240
SUTPHEN CORPORATION
7000 COLOMBUS-MARYSVILLE RD
AMLIN, OH 43002
BAYSHORE SUN PUBLISH DATES:
JUNE 23, 1996
JUNE 30, 1996
FIRE APPARATUS
KME FIRE APPARATUS
By Kovatch Mobile Equipment Corp.
WORLD HFADQUUAMRS
One Industrial Complex
Nesquehoning, PA 18240
717-669-9461
717-645-7007 (FAX)
APPARATUS PROPOSAL
July 15, 1996
City of LaPorte
City Secretary
City Hall
604 West Fairmont Parkway
LaPorte, Texas 77571
We hereby propose to manufacture and furnish to you, subject to your acceptance
of the proposal and the proper execution of a contract or a purchase order, the
following apparatus and equipment to be built in accordance with the attached
specifications.
DESCRIPTION
One new KME Firefox Contour Fixed 4 Door Custom 1,500 GPM
Pumper and equipment per attached specifications.
FOR THE SUM OF $211,224.00
(Two hundred eleven thousand, two hundred twenty-four dollars and no/00)
Delivery is to be made within 220 to 280 calendar days after receipt of order.
KME FIRE APPARATUS reserves the right to withdraw this proposal if not
accepted within 60 (sixty) days from the above date.
We appreciate the opportunity to bid on this custom fire apparatus and look
forward to working with you.
WILSON FIRE APPARATUS AND EQUIPMENT
Kirby L. Wilson
Sales Representative
•
•
TO: CITY OF LA PORTE
P.O. BOX 1115
BID PROPOSAL
TO
CITY OF LA PORTE; TEXAS
LA PORTE, TEXAS 77571-1115
FROM: COMPANY
ADDRESS
CITY
STATE/ZIP
PHONE
Nei-? e)rxu- . ,s
e 4a,5 --n t 3o
\-- )ggoo — �5� -C2_0
(zk
— ) COD f 0 c12-o
ITEM DESCRIPTION NO. OF TOTAL
NO. UNITS PRICE
1. TRIPLE COMBINATION CUSTOM 1 Z� \ z 2-4. o
PUMPER APPARATUS per )
attached specifications
0 \h w4w-,� eA evely, 1 4-u-�o vw,,ArA
SPECIFY DELIVERY:a*DAYS ARO
220 -- Z85
IT IS UNDERSTOOD AND AGREED THAT THE ABOVE DESCRIBED ITEM, MATERIAL AND/OR
EQUIPMENT SHALL CARRY THE STANDARD WARRANTY OF THE MANUFACTURER AND BE
DELIVERED ON SITE IN ACCORDANCE WITH THE ATTACHED SPECIFICATIONS IN jjL-
2V
DAYS ARO.
THE UNDERSIGNED CERTIFIES THAT THE BID PRICE CONTAINED IN THE FOREGOING
PROPOSAL HAS BEEN CAREFULLY CHECKED AND IS SUBMITTED IN DUPLICATE AS CORRECT
AND FINAL THIS _5 DAY OF — .mac y�, 19-fl(a.
6A5Cf\,Tk r'c- b a ra "s Iv
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