HomeMy WebLinkAbout1997-10-20 Special Called Regular and Workshop Meeting of City Council
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MINUTES OF THE SPECIAL CALLED REGULAR
MEETING AND WORKSHOP MEETING
OF LA PORTE CITY COUNCIL
OCTOBER 20, 1997
1. CALL TO ORDER SPECIAL CALLED REGULAR MEETING
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, Chuck Engelken, Howard Ebow, Bob McLaughlin, Alton
Porter, Deotis Gay, and Jerry Clarke.
Members of Council Absent: Councilperson Jack Maxwell.
Members of City Executive Staff and City Employees Present: City Manager
Robert T. Herrera, Assistant City Manager John Joerns, Assistant City Manager
Jeff Litchfield, City Attorney Knox Askins, Police Chief Bobby Powell,
Director of Public Works Steve Gillett, City Secretary Martha Gi.llett, Planning
Director Guy Rankin, Director of Administrative Services Louis Rigby,
Inspections Secretary Crystal Scott, Parks and Recreation Director Stephen
Barr, Assistant Public Works Director Buddy Jacobs, City Engineer Doug
Kneupper, Neighborhood Protection Ofticer and City Manager's Secretary
Carol Buttler.
Others Present: Spero Pomonis, Mr. and Mrs. Strong, Steve Valerius, Colleen
Hicks, Rob Roy, Mrs. Honeycutt and a number of La Porte Citizens.
2. INVOCATION - BY MAYOR NORMAN MALONE.
Mayor Malone delivered the invocation.
3. CONSIDER APPROVING M-INUTES OF REGULAR MEETING
OCTOBER 13, 1997.
Motion was made by Councilperson Clarke to approve the minutes of October
13. 1997 as presented. Second by Councilperson Engelken. The motion
carried, 8 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Clarke, and Mayor Norman Malone.
Nays: None
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND
CITIZENS AND TAXPA YERS WISHING TO ADDRESS COUNCIL.
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Minutc:s Spc:cial Callt:d Rc:gular Mc:c:ting
And Workshop Meeting - City Council
October 20, 1997
Page 2
Ronnie Sharp, 302 Virginia, La Porte, Texas, 77571 addressed the Council with
concerns regarding the proposed Graffiti Ordinance to be discussed at the
workshop meeting this evening. Mr. Sharp further advised he would like to
address Council at the workshop portion of the meeting. The Mayor asked
Council if they would agree to Mr. Sharp addressing Council during the
workshop portion of the meeting. Council agreed by majority that the public
could speak at the workshop.
Spero Pomonis, 218 Bay Colony Dr., La Porte, Texas 77571 addressed the
Council about concerns as to how the Junk Vehicle Ordinance l387-A is being
interpreted and enforced by the Inspection Department.
Rob Roy, 609 Canyon Springs, La Porte, Texas 77571 addressed the Council
regarding advertising at City facilities by Sport.ing Associations. Mr. Roy
advised the Council the La Port.e Boys Baseball Association requested the City
Council consider allowing advertising at. variolls tields. Mr. Roy informed
Council the Baseball Associat.ion is willing to work with the City and
Homeowners Associations if they consider this matter.
Steve Valerius, 140 Hazel, La Porte, Texas 77571 when called upon declined to
address Council until after he heard disclIssions at the workshop portion of the
meeting regarding the Graftiti Ordinance.
5. CONSIDER APPROVAL OR OTHER ACTION REGARDING (I)
TERMINATION OF LEASE OF CLIFF HYDE FLYING SERVICE, INC;
AND (2) AN ORDINANCE APPROVING AND AUTHORIZING A LEASE
AGREEMIENT BETWEEN THE CITY OF LA PORTE AND CLYFF
HYDE FLYING SERVICE, INC., EFFECTIVE ,JULY 7, 1997 (Ord. 97-
2200) - R. Herrera
Mayor Malone recommended the Council continue with the remainder of the
Agenda and go into executive session with item 5.
6. ADMINISTRATIVE REPORTS
Mr. Herrera reminded Council about the reception for Louie Ditta on October
21, 1997 at Sylvan Beach Pavilion, and the Salute to Indust.ry Banquet for
ARCO on October 23, 1997.
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OR~G~NAl
Minutes Special Called Regular Meeting
And Workshop Meeting - City Council
October 20, 1997
Page 3
7. COUNCIL ACTION
Councilperson Engelken brought items to Council's attention.
8. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LA W, 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 EM.PLOYEES
DELIBERATION REGARDING SECURITY DEVICES, OR
EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER
WITNESS IN AN INVESTIGATION)
A. Section 551.075 - (CONFERENCE WITH EMPLOYEES)
MEET WITH CITY MANAGER, CITY ATTORNEY AND AIRPORT
MANAGER ON CONTRACTUAL MA TTER.
Council retired into executive session at 6: 18 p.m. under Section 551.075
(CONFERENCE WITH EMPLOYEES), to discuss contractual matter with the
City Manager, City Attorney and Airport Manager. Council returned to the
table at 6:48 p.m. with no action taken.
9. CONSIDERA TION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION.
City Attorney read: AN ORDINANCE (97-2200) APPROVING AND
AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF LA
PORTE AND CUFF HYDE FLYING SERVICE, INC., EFFECTIVE JULY
7, "1997; MAKING VARIOUS FINDINGS AND PROVISIONS RELATAING
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVING AN EFFECTIVE DATE HEREOF.
There was no action taken on this Ordinance. The Mayor entertained a motion
that the City Attorney and City Manager be authorized to begin eviction
proceedings on the expired lease of Cliff Hyde Flying Service, Inc.
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OR~G~NAL
Minutes Special Called Regular Meeting
And Workshop Meeting - City Council
October 20, 1997
Page 4
Motion was made by Councilperson Porter for the City Attorney and City
Manager be authorized to begin eviction proceedings on the expired lease of
Cliff Hyde Flying Service. Inc. Second by Councilperson Mclaughlin. The
motion carried, 8 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, Mclaughlin, Porter, Gay,
Clark and Malone.
Nays: None
10. ADJOURNMENT
There being no further business to come before Council, the Special Called
Regular Meeting was duly adjourned at 6:50 p. m.
11. CALL TO ORDER WORKSHOP MEETING
The Workshop Meeting was called to order at 6:50 p.m.
The following items were discussed at the Workshop Meeting with no action
taken.
A. DISCUSS ADVERTISING AT CITY FACILITIES BY SPORTING
ASSOCIA TIONS
B. DISCUSS PROPOSED GRAFFITI ORDINANCE
C. DISCUSS POTABLE WATER FROM THE SOUTHEAST WATER
PURIFICATION PLANT FOR FUTURE GROWTH
C. DISCUSS ISSUANCE OF REMAINING BONDS AUTHORIZED BY
THE VOTERS IN 1985
12. ADJOURN WORKSHOP MEETING
There being no further business to come before Council, the Workshop Meeting
was duly adjourned at 10:42 p. m.
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ORIG~NAL
Minutes Special Called Regular Meeting
And Workshop Meeting - City Council
October 20, 1997
Page 5
Respectfully submitted,
~auitdv ().)/d!.tJ;L
Martha A. Gillett, City Secretary
Passed and Approved on this the 27111 day of October, 1997
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Norman L. Malone, Mayor
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Ortl. tF {)Ja'!:> ve--~:dmcB BO. 97- 'R'i
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AN ORDINANCE APPROVING AND AUTHORIZING A LEASE AGREEMENT BETWEEN
THE CITY OF LA PORTE AND CLIFF HYDE FLYING SERVICE, INC., EFFECTIVE
JULY 7, 1997; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking descr ibed 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.
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ORDINANCE NO. 97-
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PASSED AND APPROVED, this 20th day of October, 1997
ATTEST:
Martha A. Gillett,
City Secretary
By:
CITY OF LA PORTE
Norman L. Malone,
Mayor
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CLIFF HY~FlYING SERVICE,'INC.
11015 WEST MAIN
LA PORTE, TEXAS n571
(713) 471-0265
FAX (713) 470-1782
October 17, 1997
DIIE ~ IE na,~~
~ I oeTl 7 1997/ U I
PUBLIC WORKS
VIA HAND DELIVERY
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
Attn: Mr. Robert T. Herrera, City Manager
Re: Comments regarding"'Agreement and Lease for Fixed Base
Operations at City of La Porte Municipal Airport"
Dear Mr. Herrera,
We received and thank you for the proposed lease agreement that was
forwarded by:Mr. Knox Askins on October 16, 1997. I had an opportunity
to personally meet with Mr. Steve Gillett on Wednesday of. this week,
and had a most informative discussion. I believe that Cliff Hyde
Flying Service, Ino. and the City of La Porte will be able to main-
tain a continued relationship in th~ future. I offer the following
comments regarding the discussions.
The City of La Porte and Cliff Hyde Flying Service, Inc. have come to
substantial agreement regarqing the terms of the lease. It is my con-
tinued philosophy that both.the Ci~y of La Porte and Cliff Hyde Flying
Service, Inc. must work together to provide not only a service to-the
public, but one in 'which we may both take p~ide in present~tion and .
operation. I am also of the-belief that the City of La Porte must deal
with every indiv~dual and. corporatiqn on the airport with equality and
in'concgrdance with federal agreements.
Cliff Hyde-Plying Service, Inc. is ready to make the required commit-
ment, subject-to two items of concern that were discussed with.Mr.
Steve Gillett. It is my understanding that these items would be presented
to the cQuncil on Monday of ne~t week.- With respect to the:personal
guarante~ clause, I am not willing to undertake a personal.guarantee
and jeopardize my families' future. I have been a citizen of La 'Porte
for 40 years and my integrity should be well known by this time.' If
the concern is so high that I have to pay penal~ies and provide a per-
sonal guarantee, then we probably should not enter into this agreement.
Sec'ond, Mr. Gillett and I discussed. the construc.tion schedule and
pen9lties clause "at length. It is my understanding that Items A through
D shall be only target dates for construction. It is alSo my under-
standing that if the move date_~nd re~oval date of b~ildings and.
structu~es is not met, then, and only then, will the ,penalties clause
become effective.
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It is my understanding that Mr. Green presented to Mr. ASkins. comments
regarding abandonment of the.underground fuel tanks that are in the
present location as long as it complies with state law. This would then
be in line with the" new lease and abandonment of the tanks. If this is
correct, then the penalty clause would be corrected to delete under
ground storage tanks on item F.
There will be a Phase I inspection completed to provide a benchmark
for the environmental study at our expense. Mr.-Green discussed with
Mr. Askins, a request that the lease be subject to the inspection, or
that if the inspection discovered a problem, that it would be the city
responsibility to correct at their expense. I believe that this does
not prevent us from going forward, but only clarifies respons"ibilities.
Apparently Mr. Askins did not have a problem with this clarification.
These discussions have been difficult for both sides. At times, we
have felt that the City-of La Porte has singled out Cliff Hyde Flying
Service, Inc. regarding the issues, and has Hot applied the same
standards to others on the ~ield. I believe that "we have" now worked:
out the differences in our previous positions regarding the lease and
look forward to being presented with a new lease effecting the changes.
At that time, we expect" to finalize the matter such that we can both
begin the next phase required in our continued operation at the airport.
Should you have any questions or comment, please 00 not hesitate t9
contact me at your earliest convenience~
Sincerely,
~~
Cliff Hyde
President
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· AGREEMENT AND IB.sl' ORIGINAL
FOR FIXED BASE OPERATIONS
AT <CITY OF LA PORTE MUNICIPAL AIRPORT
THIS AGREEMENT AND LEASE, made and entered into effective the
7th day of July, 1997, by and between the City of La Porte, a
municipal corporation organized and existing under the laws of the
state of Texas, hereinafter referred to as "Lessor" and Cliff Hyde
Flying Service, Inc., a Texas business corporation, hereinafter
referred to as "Lessee."
WIT N E SSE T H:
WHEREAS, the Lessor controls and operates an airport known as
La Porte Municipal Airport, located in the City of La Porte, State
of Texas, which airport and any additions or improvements thereto
or changes therein which the Lessor hereafter makes or authorizes
are hereinafter collectively referred to as the "Airport", and,
WHEREAS, the parties hereto desire to enter into an Agreement
and Lease for the use of premises and facilities at the Airport all
as more fully hereinafter set forth.
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements herein contained, the Lessor and the
Lessee do hereby mutually undertake, promise and agree, each for
itself and its successors and assigns, as follows:
TRANSITION PROVISIONS
Lessor and Lessee were parties to certain Agreements of Lease
for premises at the Airport, including an Agreement of Lease
between the parties dated July 6, 1956, as amended November 4,
1963; as further amended on July 29, 1986; and as further amended
on November 1, 1988. Said Lease Agreement, as amended, expired by
its terms on July 6, 1997. The property described in the Lease
Agreement, as amended, shall be referred to as the "Prior Lease
Tracts" .
Lessor agrees to lease and demise to Lessee, the Prior Lease
Tracts for the term beginning July 7, 1997, and terminating
December 31, 1998, at the rental hereinafter provided, provided
that Lessee diligently pursues, in accordance with the schedule
attached hereto, the construction of Lessee's new lease area,
referred to as the "Fixed Base Operator Area". Lessee shall cease
all operations at the Prior Lease Area on or before December 31,
1998, and shall commence operations at the Fixed Base Operator
Area, on or before December 31, 1998.
EXHIBITS AND SCHEDULES
The following Exhibits and Schedules are attached hereto,
incorporated by reference herein, and made a part hereof for all
purposes:
REVISED: October 16, 1997
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Exhibit IIAII Metes and Bounds Description and Plat of Fixed
Base Operator Area, consisting of 2.320 Acres,
More or Less
Exhibit IIBII Tie-Down Area
Exhibit IICII
Lessor Provided
roadway, an eight
, eight inch (8 II)
drainage)
Infrastructure (including
inch (811) water line, an
sewer line, and storm
Exhibit IIDII
Lessee's Construction Schedule and Penalties.
Lessor agrees, upon written application by
Lessee, to extend the Lessee's construction
schedule dates, in the event of the inability
of Lessor to complete the Lessor provided
infrastructure described on Exhibit IICII, in a
timely manner, which delay by Lessor has the
effect of delaying Lessee in meeting its time
deadlines, above.
ARTICLE 1"- TERM OF AGREEMENT
1. The term of this Agreement and Lease, as it relates to the
Prior Lease Area, shall be for the period commencing July 7, 1997,
and terminating December 31, 1998, unless sooner terminated as
hereinafter provided.
2. The term of this Agreement and Lease, as it relates to the
Fixed Base Operator Area and Tie-Down and T-Hangar Area, shall be
for the period commencing January 1, 1999, and terminating December
31, 2018; provided, however, the" term of this Lease shall extend
for two additional five-year renewal options, at the option of
Lessee, unless cancelled by written notice from Lessee to Lessor,
on or before July 1, 2018, in the case of the first five year
renewal option; and on or before July 1, 2023, in the case of the
second five year renewal option.
ARTICLE II - LEASED PREMISES AND FACILITIES
1. The Lessor, in consideration of the compensation and sundry
covenants and agreements set forth herein to be kept and performed
by the Lessee, does hereby, and by these presents, demise and lease
u~to the Lessee, upon the conditions hereinafter Set forth, all of
which the Lessee accepts, the exclusive use and occupancy of the
Leased Premises, to-wit:
A. For the term stated in Article 1-1 hereof, the Prior
Lease Area, as described in Agreement of Lease between
the parties dated July 6, 1956, as amended; and
B. For the term stated in Article .1-2 hereof, property at
the Airport, consisting of 2.320 acres, more or less,
identified as IIFixed Base Operator Areall on Exhibit IIAII
attached hereto and made a part of this Agreement.
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c. For the term stated in Article 1-2 hereof, property at
the Airport, consisting of 25 Tie-Downs, identified as
"Tie-Down Areas" on Exhibit "B" attached hereto and made
a part of this Agreement. Any ekisting tie-downs, the
location of which would impede Lessee's access to its new
facilities, shall be excluded from this lease, and an
equal number of tie-downs will be substituted on the ramp
area.
The location and boundaries of said Leased Premises, as indicated
on Exhibit "A" and Exhibit "B", attached hereto, are stipulated and
agreed between the parties to be correct and by reference are made
a part hereof.
2. Lessee takes all of such property in its present condition "as
is", and except as otherwise specifically provided herein, agrees
to provide all necessary and reasonable maintenance and repairs to
the property described on Exhibit "A", in order to maintain such
property in a usable condition.
3. Lessee shall make available to the public for rental purposes,
tie-down facilities leased to Lessee herein. In its rental of such
tie-down facilities, the Lessee shall provide reasonable rental
rates, consistent with industry standards for this region.
Notwithstanding any other provision of this Agreement, the parties
recognize and agree that Lessee is not herewith given and shall not
exercise exclusive control over the ramp area not specifically
leased under this Agreement; and that the public shall have the
right, at all.time, to ingress and egress, over and through said
ramp area, as reasonably necessary for the use by the public of
airport facilities at La Porte Municipal Airport.
4. The Lessor expressly reserves from the lease of the Leased
Premises the following:
A. All gas, oil and mineral rights in and under the soil.
B. The right to grant utility rights-af-ways to others over,
under, through, across or on the Leased Premises,
provided that such use will not unreasonably or
materially interfere with the Lessee's use of the Leased
Premises.
5. The Lessor agrees to construct, at Lessor I s sole cost and
expense, as an appurtenance to the Fixed Base Operator Area, the
infrastructure, including roadway; an eight inch (8") water line;
an eight inch (8") sewer line; and storm drainage, all as shown on
Exhibit "B" attached hereto, and incorporated by refere~ce herein
for all purposes. Lessor agrees to complete the construction of
said infrastructure improvements on or before December 31, 1998.
Lessee shall advise Lessor of the location of stubbouts for the
water and sewer service connections to Lessee's building.
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ARTICLE III-A - RENTALS AND CHARGES - PRIOR LEASE AREA
1. For the Prior Lease Area (excluding Tie-Down Area) as herein
described, the following rental:
A. For the period July 7, 1997, through December 31, 1997,
a rental of $3,242.47, which shall be payable by Lessee
to Lessor upon the execution hereof;
B. For the period January 1, 1998, through December 31,
1998, a rental of $6,908.60, which shall be payable by
Lessee to Lessor monthly, in a sum equal to 1/12th of the
annual rental due under this subparagraph, commencing
January 1, 1998, and on the 1st day of each calendar
month thereafter; and
C. For the cleanup and removal period, January 1, 1999,
through April 30, 1999, a rental of $2,302.84, which
shall be payable by Lessee to Lessor in four equal
monthly installments of $575.72, commencing January 1,
1998, and on the 1st day of each calendar month
thereafter.
D. Provided, however, all rental for the Prior Lease Area
(excluding Tie-Down Area under this subparagraph) shall
terminate on the date that Lessee certifies in writing to
Lessor, that it has completed its cleanup and removal,
and rental shall be pro-rated to said date upon approval
of such certification by Lessor.
2. For the tie-downs on the Prior Lease Area, described in
Amendment to Lease dated November 1, 1988, the following rental:
A. For the period July 7, 1997, through December 31, 1997,
a rental of $1,728.00, which shall be payable by. Lessee
to Lessor upon the execution hereof; and
B. For the period January 1, 1998, through December 31,
1998, a rental of $3,456.00, which shall be payable by
Lessee to Lessor monthly, in a sum equal to 1/12th of the
annual rental due under this subparagraph, commencing
January 1, 1998, and on the 1st day of each calendar
month thereafter.
Cost of living indexing shall not be applied to this Article
III-A-2.
ARTICLE III-B - RENTALS AND CHARGES - TIE-DOWN AREAS
1. For the Tie-Down Areas described on Exh!bit "B" attached
hereto, for the term of this Agreement as it relates to the Fixed
Base Operator Area, the following rental: .
A. Lessee shall pay to Lessor, as additional rent, a sum
equal to thirty percent (30%) of the gross revenues
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obtained from rental of tie-down spaces; provided,
however, Lessee shall guarantee Lessor a yearly rental of
not less that $144.00, multiplied by the 25 tie-downs
leased;
B. Rental for the 25 tie-downs shall be paid monthly, in a
sum equal to 1/12th of the annual rental due, in advance,
on the 1st day of each and every month
2. The parties recognize that Lessee shall lease to tenants,
facilities for the storage and/or tie-down of aircraft within
leased properties described as "Tie-Down Area" on Exhibit "B". The
Lessee shall have the right to provide additional T-Hangar or tie-
down facilities on the property leased herein, but any such
additional facility shall only be provided after specific written
authorization from the Lessor. Additional facilities shall be
provided only .in areas specifically authorized by the Lesso~ and
shall be hardsurfaced rather than grass areas. The parties further
agree that no aircraft will be tied-down on grass surface areas
within Lessee's leased premises.
Cost of living indexing shall not apply to this Article III-B.
ARTICLE III-C - RENTALS AND CHARGES - LEASED PREMISES
1. For the Leased Premises described on Exhibit "A" attached
hereto, the basic ground rental calculated for a 1984 index value
of 100.0 is Eight Hundred Seventy-one and 20/100 Dollars ($871.20)
per acre per year.
2. The actual rentals for the Leased Premises, to be paid to the
Lessor by the Lessee, shall be determined by mUltiplying said basic
rentals specified under the immediately preceding paragraph above,
by the index value determined for successive calendar years in the
manner herein set forth.
3. The index value for the calculation of actual rental rates
shall be based on the Consumer Price Index for All Urban Consumers,
using as base year 1982-84 = 100, published by the Bureau of Labor
statistics Of the United states Department of Labor, and shall be
calculated as follows:
A. The index for any particular lease year shall be the
index for the month of December of the calendar year next
preceding the year for which the calculation is made.
For example, the 1999 lease year rental shall be based on
the December, 1997, index.
B. The actual rental rate shall be determined prior to
January 1st of each lease year and shall be effective for
that lease year. Lessor shall provide Lessee with
written notice of the applicable rental rate.
C. In the event that the United States Department of Labor
discontinues publication of the above index or data from
which the index can be directly co~puted, or if the
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method for the determination of such index is
substantially different than that existing at the time
this Agreement and Lease is executed, the basis for the
rental rate adjustment shall be the most closely
comparable index published by the u.s. Government.
ARTICLE III-D - RENTALS AND CHARGES - PAYMENTS
1. The rentals provided in Articles III-A, III-B, and III-C,
above, during the term of this Agreement and Lease shall be paid
monthly, in sum equal to 1/12 of the annual rental due hereunder,
in advance on the first day of each and every month. In the event
that this Agreement and Lease commences or terminates other than on
the first or last day of the month, pro-rata payments shall be made
for the fractional part of a month involved.
2. The Lessor is entitled to collect and the Lessee agrees to
pay, all rentals due under this Agreement and Lease to the city of
La Porte, La Porte Municipal Airport, La Porte, Texas, without
notice to the Lessee. Rentals more than thirty (30) days past due
may be subject to a service charge of one percent (1%) per month,
based on an annual rate of twelve percent (12%).
3. without prejudice to any other remedy which otherwise might be
used for arrearS of rent or other breach of this Agreement, if the
Lessor is required or it elects to pay any sum or incurs any
obligations or expense, by reason of a failure, neglect or refusal
of the Lessee to perform anyone or more of the terms, conditions
or covenants of this Agreement and Lease or as the result of any
act or omission of Lessee contrary to said terms, conditions and
covenants, the sum or sums so paid or the expense so incurred,
including all interest, costs, damages and penalties may be added
to any installment of rent thereafter due hereunder and each and
every part of the same shall be and become additional rent
recoverable by the Lessor in the same manner and with like remedies
as if it were originally a part of the rent as set forth
hereinabove.
ARTICLE IV - ACTIVITIES. USES. PRIVILEGES AND
OBLIGATIONS OF THE LESSEE
1. A Fixed Base Operations is defined as a commercial aviation
activity conducted by a person, partnership, firm or corporation
engaged in the hangaring, maintenance, care and operation of
aircraft for use by the p~blic, and such other activities as may be
pertinent to such use. This definition specifically includes all
terms as set forth in Minimum Requirements for Airport Aeronautical
Services at the La Porte Municipal Airport, made a part hereof by
reference.
2. During the term of this Agreement and Lease, the Lessee agrees
to use the Leased Premises for the purposes or activities stated
above, subject to the conditions generally or particularly set
forth herein, and not to use or permit the use of the Leased
Premises or any part thereof for any purposes or activities other
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than those specitically stated above without first obtaining the
express, written approval of the Lessor.
3. Lessee agrees that the rights and privileges granted herein
are non-exclusive except as to the Leased Premises which shall be
for the exclusive use of the Lessee.
4. The Lessee agrees that the Lessor has the right to adopt and
enforce reasonable rules and regulations and that it and all its
employees, agents and servants will faithfully observe and comply
with . all rules and regulations as may from time to time be
promulgated by the Lessor, including Ordinance No. 1660, as
amended; by the united states of America or by any department or
agency thereof, the state of Texas and the city of La Porte.
without limiting the generality' of the foregoing, the Standard
Minimum Requirements for Airport Aeronautical Services at La Porte
Municipal Airport, heretofore adopted by the City Council of the
City of La Porte, by Ordinance No. 95-2074, as amended, is
incorporated by reference herein and made a part hereof for all
purposes.
5. The Lessee agrees, at its own expense, to pay any and all
taxes levied by the City, County or other appropriate governmental
units and to pay any and all costs or charges for utility services
furnished to or required by the Lessee.
6. The Lessee will not suffer or permit to be maintained upon the
Leased Premises or upon the exterior of any improvements or
appurtenances thereto any billboards, signs or other advertising
media except those which have prior written approval of the Lessor.
Flashing, rotating, animated or intermittent illuminated type signs
are prohibited.
ARTICLE V - RIGHTS AND COVENANTS OF THE LESSOR
1. The Lessor covenants that it is well seized of the Leased
Premises and has good title thereto free and clear of all liens and
encumbrances and has full right and authority to lease the same as
herein set forth.
2. The Lessor covenants that the Lessee shall have peaceful
possession and quiet enjoyment of the Leased Premises during the
term hereof so long as the Lessee performs and observes all of the
covenants, agreements, terms and conditions hereof.
3. The Lessor reserves the right to maintain and keep in repair
the landing area of the Airport and all publicly owned facilities
of the Airport, together with the right to direct and control all
activities of the Lessee in this regard.
4. The Lessor reserves the right further to develop or improve
the landing area and all publicly owned air navigation facilities
of this Airport as it sees fit, regardless of the desire or views
of the Lessee, and without interference or hindrance.
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5. The Lessor reserves the right to take any action it considers
necessary to protect the aerial approaches of the airport against
obstruction, together with the right to prevent the Lessee from
erecting, or permitting to be erected, any building or other
structure on the airport which in the opinion. of the Lessor would
limit the usefulness of the Airport or constitute a hazard to
aircraft.
6. During time of war or national emergency Lessor shall have the
right to enter into an agreement with the unites states Government
for military or naval use of part or all of the landing area, the
publicly owned air navigation facilities of the Airport. If any
such agreement is executed, the provisions of this instrument,
insofar as they are inconsistent with the provisions of the
agreement with the Government, shall be suspended.
7. This Agreement shall be subordinate to the provisions of any
outstanding agreement between Lessor and the united states relative
to the maintenance, operation or development of the Airport~
8. It is understood and agreed that the rights granted by this
Agreement will not be exercised in such a way as to interfere with
or adversely affect the use, operation, maintenance or development
of the Airport.
9. There is hereby reserved to the Lessor, its successors and
assigns, for the use and benefit. of the public, a free and
unrestricted right of flight for the passage of aircraft in the
airspace above the surface of the premises herein conveyed,
together with the right to cause in said airspace such noise as may
be inherent in the operation of aircraft, now known or hereafter
used for navigation of our flight in the air, using said airspace
for landing at, taking off from, or operating on or about the
Airport.
ARTICLE VI - IMPROVEMENTS AND MAINTENANCE
1. Lessee agrees that construction of all facilities,
improvements or appurtenances on or in connection with the Lease
Premises is prohibited without the express written consent of the
Lessor'before commencement of said construction. All facilit~es,
improvements, or appurtenances proposed for construction shall
comply with all existing applicable codes, ordinances, laws and
regulations relating thereto. Lessee agrees to adhere to the
~essee's Construction Schedule attached hereto as Exhibit "D", and
made a part of this Agreement for all purposes. Failure of Lessee
to adhere to Lessee's Construction Schedule shall be the penalties
as shown on said Schedule.
2. (Purposely Deleted)
3. The Lessee agrees that no obstruction to air navigation as
such are defined from time to time by application of the criteria
of Part 77 'of the Federal Aviation Regulations or subsequent and
additional regulations of the Federal Aviation Administration will
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be constructed or permitted to remain on the Leased Premises. Any
obstructions shall be removed by the Lessee at its expense. The
Lessee agrees not to increase the height of any structure or
objects or permit the growth of plantinqs of any kind or nature
whatsoever that would interfere with the line of sight of aircraft
operating on or above the Airport in airspace protected under rules
prescribed by FAR Part 77. The Lessee further agrees not to
install any structures, objects, machinery or equipment that would
interfere with operation of navigation aids or that would interfere
with the safe and efficient operations of the Airport, or interfere
with the operations of other tenants and users of the Airport.
4. The Lessee agrees that all utility services required by it
during the lease term for the Lease Premises must be paid for by
the Lessee including the maintenance cost of service lines.
5. The Lessee agrees, at its own expense, to cause the Leased
Premises and any improvements and appurtenances thereto to be
maintained in a tenantable and in a safe, neat, clean and
presentable condition including, but not limited to, the necessary
mowing and snow removal of the Leased Premises during the
appropriate periods of the year.
6. The Lessee agrees, at its own expense to keep and maintain in
good repair, all structures, pavements, utilities and all other
improvements and appurtenances within and upon the Leased Premises.
Lessee further agrees that Lessor $hall have no maintenance
responsibilities with respect to the Leased Premises, except Lessor
shall be responsible for maintenance of Tie-Down areas.
7. Lessee agrees, at his own expense, to remove all waste,
garbage, and rubbish from the Lease premises, and agrees not to
deposit the same on any part of the Leased Premises except
temporarily in connection with collection for removal. No waste,
garbage or rubbish will at any time be deposited on any other area
of the Airport.
8. Lessee agrees to provide, at its own expense, such janitor,
toilet, and cleaning services and supplies as may be necessary or
required in the operation and maintenance of the Leased Premises
and the improvements and appurtenances thereto.
9. The Lessor and its authorized officers, employees, agents,
contractors, subcontractors, and other representatives shall have
the right to enter upon or in the Leased Premises and any
improvements thereon for the following purposes:
A. To inspect the Leased Premises and any improvements
thereon at reasonable intervals during regular. business
hOurs or at any time in case of emergency, to determine
whether the Lessee has complied and is complying with the
terms and conditions of this Agreement and Lease with
respect to such Leased Premises.
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B. To perform any and all things which the Lessee is
obligated to do and has failed, after reasonable notice
to do, including maintenance, repairs and replacements
of any portion of the Leased Premises, improvements or
appurtenances thereto, in which event the Lessee agrees
to reimburse the Lessor for reasonable costs thereof
promptly upon demand, as set forth herein before.
C. In the exercise of the Lessor's police power.
D. To inspect the Leased Premises and perform any and all
things with reference thereto which the Lessor is
obligated or authorized to do as set forth herein.
No such entry by Or on behalf of the Lessor within or upon the
Leased Premises or any improvements thereon shall cause or
constitute a termination'of the letting thereof or be deemed to
constitute an interference with the possession thereof by the
Lessee.
10. Upon termination of this Agreement and Lease at the expiration
of the term or for any other reason or cause, the Lessee shall have
the right to remove any structures or other improvements and all
machinery, fixtures, apparatus and equipment owned by the Lessee
and located on the Leased Premises for a period of 120 days after
said termination date and upon payment of rentals as provided in
Article III hereof to the date of removal of said improvements.
The Lessor shall be entitled to have the Lease Premises herein
demised returned to it clear of all improvements owned by the
Lessee and may require the Lessee to make such restoration by
written notification within 120 days following termination of this
Agreement and Lease; and, in the event of the failure by the Lessee
to restore the Leased Premises as herein required, within 120 days
of said written notification, then the Lessor may make such
restoration at the Lessee's expense. In the event that Lessee does
not remove all said improvements or equipment, and the Lessor
elects not to require said restoration of the Leased Premises, then
upon the expiration of 120 days from the date of termination of
this Agreement and Lease, all structures or other improvements and
all machinery, fixtures, apparatus and equipment located on the
Leased Premises shall become the property of the Lessor. The fuel
tanks may be abandoned in place, if approved by the TNRCC and the
EPA.
Upon termination of this Agreement and Lease, as it relates to the
Prior Lease Area, at the expiration of the term thereof on December
31, ~998, or for any other reason or cause, Lessee shall have the
obligation to remove all structures and other improvements, and all
machinery, fixtures, apparatus and equipment owned by Lessee and
located on the Prior Lease Area, within a period of 120 days after
said termination date and upon payment of rentals as provided in
Article III hereof to the date of removal of said improvements.
The Prior Lease Area shall be left "rake clean", and in a condition
to pass a Phase I Environmental study by an environmental
eng ineer ing firm of Lessor's choice, at Lessor's option and
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expense. Any underground tanks on the Prior Lease Area shall be
removed in accordance with Federal and state of Texas regulations.
The fuel tanks may be abandoned in place, if approved by the TNRCC
and the EPA.
ARTICLE VII - INDEMNIFICATION AND INSURANCE
1. The Lessee covenants and agrees to indemnify and save harmless
the city of La Porte, its officers, agents and employees, their
successors and assigns , individually or collectively, from and
against all liability for any fines, claims, suits, liens, demands,
actions or cause of action of any kind or nature for personal
injury or death, or property damage in any way arising out of or
resul ting from any acti vi ty or operation of the Lessee on the
Leased Premises or in connection with its use of the Leased
Premises, and the Lessee further agrees to pay all expenses in
defending against any such claims made against the Lessor,
including reasonable attorney's fees; provided, however, that the
Lessee shall not be liable for any injury, damage or loss
occasioned by the sole negligence or willful misconduct of the
Lessor, its agents or employees. The Lessee and the Lessor shall
give prompt and timely notice of any claim made or suit instituted
which, in any way, directly or indirectly, contingently or
otherwise, affects or might affect either party. If the Lessee
fails, after written notice from Lessor, to so save harmless and
indemnify Lessor, Lessor shall have the right, in addition to its
other legal remedies, to declare a default in Lessee's obligation
to fulfill and comply with the terms and conditions of this Lease,
and Lessor may then proceed to termination of the Lease pursuant to
Article IX hereof.
2. The Lessee shall procure and maintain in effect during the
term of this Agreement and Lease insurance with companies licensed
to do business in the State of Texas, and naming the Lessor as an
additional insured and containing a cross liability agreement,
providing the following coverages:
AIRCRAFT LIABILITY
Bodily Injury
One Hundred Thousand Dollars
($100,000) each person
One Million Dollars
($1,000,000) each accident
Five Hundred Thousand Dollars
($500,000) each accident
Property Damage
Passenger Legal Liability
One Hundred Thousand Dollars
($100,000) each passenger seat
Or alternatively a single limit legal liability policy (public
liability and property damage) of not less than One Million Dollars
($1,000,000) which may include a limit of One Hundred Thousand
Dollars ($100,000) each person.
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COMPREHENSIVE PUBLIC LIABILITY
AND COMPREHENSIVE PROPERTY DAMAGE
Bodily Injury
One Hundred Thousand Dollars
($100,000) each person
One Million Dollars
($1,000,000) each accident
Five Hundred Thousand Dollars
($500,000) each accident
Or alternatively a single limit legal liability policy (public
liability and property damage) of not l~ss than One Million Dollars
($1,000,000) which may include a limit of One Hundred Thousand
Dollars ($100,000) each person.
Property Damage
3. A certified <;:opy of each policy evidencing the existence
thereof shall be delivered to the Lessor within ten (10) days after
the execution of this Agreement and Lease. Each such copy shall
contain a valid provision or endorsement that the policy m~y not be
cancelled, terminated, changed or modified without giving ten (10)
days written advance notice thereof to the Lessor. Each such
policy shall not, without obtaining express advance permission from
the Lessor, raise any defense involving, in any way the immunity of
the City o~ La Porte, its member~, officer, agents, or employees,
the governmental nature of the Lessor, or the provisions of any
statutes respecting suits against the city.
4. The Lessee shall furnish to the city satisfactory evidence
that it carries Workmen's Compensation Insurance in accordance with
the laws of the State of Texas.
5. In the event that any repairs, alterations, additions, or
improvements are made, in, on or to the Leased Premises (excluding
the Tie-Down areas) by reason of the use and occupancy of the
Leased Premises by the Lessee, then the Lessee covenants and agrees
to make such repairs, alterations, additions, or improvements in,
on or to the Leased Premises at its own expense. The Lessee
covenants and agrees to indemnify and save harmless Lessor from and
against all expenses, liens, claims, or damages to either persons
or property which mayor might arise by reason of any repairs,
alterations, additions, or improvements made by the Lessee in, on
or to the Leased Premises.
ARTICLE VIII - TERMINATION BY LESSEE
1. In addition to all other remedies available to the Lessee, this
Agreement and Lease shall be subject to cancellation by the Lessee
should anyone or more of the following events occur:
A. The permanent abandonment of the Airport.
B. The issuance by any court of competent jurisdiction of
any injunction preventing or restraining the use of the
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Airpprt in such manner as to substantially restrict the
Lessee from conducting its fixed base operation, and the
remaining in force of such injunction for at least thirty
(30) days.
C. The breach by the Lessor of any of the terms, covenants,
or conditions of this Agreement and Lease to be kept,
performed, and observed by the Lessor, and the failure
of the Lessor to remedy such breach for a period of
thirty (30) days after written notice from the Lessee of
the existence of such breach.
D. The assumption by the united states Government, or any
authorized agency thereof, of the operation, control or
use of the Airport and its facilities in such a manner
as to substantially restrict the Lessee from conducting
its operation, if such restrictions be continued for a
period of three (3) months or more.
ARTICLE IX - TERMINATION BY LESSOR
1. In addition to all other remedies available to the Lessor, this
Agreement and Lease shall be subject to cancellation by the Lessor
should anyone or more of the following events occur:
A. If the Lessee shall file a petition of bankruptcy; or if
proceedings in bankruptcy shall be instituted against it
and it is thereafter adjudicated a bankrupt pursuant to
proceedings; or if a court shall take jurisdiction of the
Lessee and its assets pursuant to proceedings brought
under the provisions of any Federal Re-organization Act;
or if a Receiver for the Lessee's assets is appointed;
or if the Lessee shall be divested of its rights, powers
and privileges under this Agreement 'and Lease by other
operation of law.
B. If the Lessee shall default in or fail to make any
payments at the times and in the amount required of it
under this Agreement and Lease.
c. If the Lessee shall abandon and discontinue all
aeronautical activities at the Leased Premises.
D. If the Lessee shall fail to perform, keep and observe all
the covenants and conditions contained in this Agreement
and Lease to be performed, kept and observed by it.
E. If the Lessee shall fail to abide by all applicable laws,
ordinances, rules and regulations of the United states,
state of Texas, or the City of La Porte.
Provided that upon happening of any of the contingencies recited in
subparagraphs B, C, D and E above the Lessor shall give written
notice to the Lessee to correct or cure such default, failure to
perform, or breach, and if, within thirty (30) days from the date
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of such notice, the default, failure to perform or breach
complained of, shall not have been corrected in a manner
satisfactory to the Lessor, then, and in such event, the Lessor
shall have the right at once and without further notice to the
Lessee to declare this Agreement and Lease terminated and to enter
upon and take full possession of the Leased Premises and Leased
Facilities and, provided further that upon the happening of anyone
of the contingencies enumerated in subparagraph A hereof, this
Agreement and Lease shall be deemed to be breached by the Lessee
and thereupon ipso facto and without entry or any other action by
the Lessor, the Agreement and Lease shall terminate, subject to be
reinstated only if such involuntary bankruptcy or insolvency
proceedings, petitions for reorganization, trusteeship, receiver
ship, or other legal act divesting the Lessee of its rights under
this Agreement and Lease shall be denied, set aside, vacated or
terminated in the Lessee's favor within forty-five (45) days from
the happening of the contingency. Upon the happening of said
latter event, this Agreement and Lease shall be reinstated as if
there had been no breach occasioned by the happening of said
contingencies provided that the Lessee shall within ten (10) days
discharge any and all sums of money which may have become due under
this Agreement and Lease in the interim and shall then remain
unpaid and shall likewise fully perform and discharge all other
obligations which may have accrued and become payable in the
interim. The acceptance of rentals and fees by the Lessor for any
period or periods after a default of any of the terms, covenants,
and conditions herein contained to be performed, kept and observed
by the Lessee shall not be deemed a waiver of any rights of the
Lessor to cancel this Agreement and Lease for failure by the Lessee
to so perform, keep, or observe any of the terms of this Agreement
and Lease to be kept, performed, and observed by the Lessee.
ARTICLE X - ASSIGNMENT AND SUBLETTING
1. The activities, us~s, privileges and obligations authorized
herein are personal and the Lessee agrees that it will not assign,
subcontract, sublet, or underlet the same or any portion thereof,
or assign, subcontract, sublet or underlet the Leased Premises or
any portion thereof without the expressed consent of the Lessor in
writing and any purported assignment or subcontract in violation
hereof shall be void. In no case, however, may the activities,
uses, privileges and obligations authorized h~rein or the Leased
Premises or any portion thereof be assigned, subcontracted, sublet,
or underlet by the Lessee for any use other than herein specified.
All provisions of this Agreement and Lease applicable to the Lessee
hereunder shall be equally binding upon any party to which the
activities, uses, privileges and obligations authorized herein,
leased Premises are assigned, subcontracted, sublet or underlet.
2. The Lessor will not be unnecessarily arbitrary in granting
said permission, but the Lessor shall be the sole judge as to the
reliability, capability, character, and desirability of the parties
involved.
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ARTICLE XI - HOLDING OVER
1. In the event the Lessee shall hold over and remain in
possession of the Leased Premises herein leased after expiration of
this Agreement and Lease without any written renewal thereof, such
holding over shall not be deemed to operate as a renewal or
extension of this Agreement and Lease but shall only create a
tenancy from month to month which may be terminated at any time by
the Lessor
ARTICLE XII - SUCCESSOR AND ASSIGNS BOUND BY COVENANTS
1. All covenants, stipulations ~nd agreements in this Agreement
and Lease shall extend to and bind the legal representatives,
successors, and ~ssigns of the respective parties hereto.
ARTICLE XIII - GENERAL PROVISIONS
1. .Notices to the Lessor provided for in this Agreement and Lease
shall be sufficient if sent by certified or registered mail,
postage prepaid, addressed to the City Manager, City of La Porte,
P.O. Box 1115, La Porte, Texas 77572, and notices to the Lessee if
sent by certified or registered mail, postage paid addressed to
Cliff Hyde 'lying Service, Inc., 11015 West Main Street, La Porte,
Texas 77571, or to such other respective address as the parties may
designate to each other from time to time.
2. The Lessee represents that it has carefully reviewed the terms
and conditions of the Agreement and Lease and is familiar with such
terms and conditions and agrees faithfully to comply with the same
to the extent to which said terms and. conditions apply to its
activities, authorized and required by this instrument.
3. The term "Lessor" as used in this Agreement and Lease means
the City of La Porte, and where this Agreement and Lease speaks of
approval and consent by the Lessor, ,such approval is understood to
be manifested by act of the City Manager, except as otherwise
expressly stated in this Agreement and Lease.
ARTICLE XIV - INVALID PROVISION
1. In the event that any covenant, condition or prOV1S1on herein
contained is held to be invalid by any Court of competent
jurisdiction, the invalidity of any such covenant, condition, or
provision shall in no way affect any other covenant, condition or
provision herein contained; provided that the validity of any such
covenant, condition, or provision does not materially prejudice
ei ther the Lessor or the Lessee in its respective rights and
obligations contained in the valid covenants, conditions, or
provisions of this Agreement and Lease.
ARTICLE XV - FEDERAL REOUIREMENTS
1. The right to conduct aeronautical activities or furnishing
services to the public is granted to the Lessee subject to Lessee
15
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agreeing to:
A. Furnish said services on a fair, equal and not unjustly
discriminatory basis to all users thereof, and
B. Charge fair, reasonable, and not unjustly discriminatory
prices for each unit or service; provided, that the
Lessee may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar
types of price reductions to volume purchasers.
2. The Lessee in exercising any of the rights or privileges
herein granted to it shall not on the grounds of race, color, or
national origin discriminate or permit discrimination against any
person or group of persons in any manner prohibited by Part 21 of
the Regulations of the Secretary of Transportation. The Lessor is
hereby granted the right to take such action, anything to the
contrary herein notwithstanding, as the United states may direct to
enforce this nondiscrimination covenant.
3. The Lessee assures that it will undertake an affirmative
action program as required by 14 CFR Part 152, Subpart E, to insure
that no person shall on the grounds of race, creed, color, national
origin, or sex be excluded from participating in any employment
activities covered in 14 CFR Part 152, Subpart E. The Lessee
assures that no person shall be excluded on these grounds from
participating in or receiving the services or benefits of any
program or activity covered by this subpart. The Lessee assures
that it will require that its covered suborganizations provide
assurances to the Lessee that they similarly will undertake
affirmative action programs and that they will require assurances
from their suborganizations, as required by 14 CFR Part 152,
Subpart E, to the same effect.
ARTICLE XVI - FAVORED NATIONS CLAUSE
1. Lessor covenants and agrees not to hereafter enter into any
lease, contract, or agr~ement, nor any renewal of any existing
leases, with any other party with respect to the Airport,
containing more favorable terms than this lease or to grant to any
other operator rights, privileges or concessions with respect to
the Airport whlch are not accorded to Lessee hereunder, unless the
same rights, privileges and concessions are concurrently and
automatically made available to Lessee. It is understood and
agreed that the intent of the parties in this paragraph is to
provide that Lessee shall not be put at a competitive disadvantage
with any other operator rights, privileges or concessions which
have not been granted to Lessee or terms and conditions more
favorable than. those enjoyed by Lessee.
ARTICLE XVII - LESSOR'S APPROVALS
1. Lessor covenants and agrees, in the case of every provision of
this lease which requires Lessor approval for certain events or
happenings, to not unreasonably withhold permission or approval of
16
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Lessee's request to use the leased premises for certain purposes or
activities, provided that such request is consistent with the terms
of the lease, and provided, further, that the request is consistent
with the Minimum standards for Airport Aeronautical Services at the
La Porte Municipal Airport, and other applicable regulatory
ordinances affecting the Airport. Lessee's request to Lessor shall
be in writing, and Lessor agrees to reply to Lessee's request
within thirty (30) days of such written application.
ARTICLE XVIII - GUARANTY AGREEMENT
1. Cliff Hyde, Jr., individually, unconditionally, personally
guarantees the performance of Lessee's Construction Schedule, as
shown on Exhibit liD" attached hereto, incorporated by reference
herein, and made a part hereof for all purposes.
IN WITNESS WHEREOF, the parties nave caused these presents to
be signed by their duly authorized representatives, effective July
7, 1997.
Lessor:
CITY OF LA PORTE
By:
Norman Malone
Mayor
ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
Knox W. Askins
city Attorney
Lessee:
Cliff Hyde Flying
Service, Inc.
By:
Cliff Hyde, Jr.
President
ATTEST:
Secretary
Guarantor:
Cliff Hyde, Jr.
17
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Exhibit "A"
Metes and Bounds Description and
Plat of Fixed Base Operator Area
18
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ALL COORDINATES AND lEARIN.. ARE REFERENCED TO TH~ TIXAe
COORDINATE SY8TEII 0' 1111. 10UTH CENTRAL ZONE, AI DEFINED
IN TH~ TEXAS NATURAL REIOURCES CODE, 81CTION 21.071, ET. IEQ.
AND ARE lASED ON THE POSITION OF -LA PORTE 1182 -, HAV.,..
PU8L18HED CO.ORDINATES OF N ".20', "00.~70 AND
E8.0.782..08 METERI, AND N 15..10.542.58 AND
E 5. 217. ....81 U... 'SURVEY FEET i AND. HAVING A SCALE
FACTOR OF 0.....7...
"-
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o-Dl8.Mlron rod
S.E. COR. 500.14 AG. LA PORTE
P'Q C. .... .' MUNICIPAL AIRPORT
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8 ..08.'II-W - 2,..40.....'
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N IS.810. 411.0'
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MAIN
I SPENCER HWY.)
STREET
.PROPOSED LEASE TRACTS
PREPARED FOR: CITY OF LA PORTE
PREPARED BY: H. CARLOS SMITH. ENGINEERS
a SURVEYORS. INC.
DATE: AUGUST 28.1997
JOB NO. 3121-97
SCALE: I": 100'
.,.
00
~s AND BOUNDS DESCRIPTION
TRACT A
e
Being a 2.045 acre (89,070 sq. ft.) lease tract (Tract A) conprising
part of that certain City of La Porte 300.14 acre MUniCipal Airport tract
(Vol. 1614, Pg. 190, Harris County Deed Records), W. H. Jones SUrvey,
A-482, Harris County, Texas.
All coordinates 'and bearings are referred to the Texas Coordinate
System of 1983, South Central Zone, as defined in the Texas Natural
Resource Code, Section 21.071, et seq., and are based on the position of
"La Porte 1952", having published coordinates of N 4,209,400.770 and
E 980,752.809 meters, and N 13,810,342.36 and.E 3,217,686.51 U. S. SUrvey
FOQt; and having a scale factor of 0.9998798.
The 2.045 acre tract is more particularly described by metes and
botmds 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 Hain Street (Spencer Highway) ( 100 I ROW);
a distance of 2440.44 feet to a point for comer.
Thence N 15 degrees 08 minutes 09 seconds E a distance of 601.36 feet
to a 5/8 inch iron rod set for Southwest comer of this 2.045 acre tract
and the POINT OF BEGINNING; said point having coordinates of
N 13,810,869.12 and E 3,217,977.90.
Thence N 15 degrees 08 minutes 09 seconds E a distance of 183.70 feet
to a 5/8 inch iron rod set for the Northwest corner of this 2.045 acre
tract.
Thence N 87 degrees 06 minutes 34 seconds E a distance of 382.93 feet
to a 5/8 inch iron rod set for the Northeast comer of this 2.045 acre
tract.
Thence S 03 degrees 27 minutes 00 seconds E a distance of 359.57 feet
to a 5/8 inch iron rod set for the Southeast comer of this 2.045 acre
tract.
PAGE 1 OF 2
0000
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Thence, N 48 degrees 17 minutes 32 seconds W a distance of 264.38
feet to a 5/8 inch iran rod set for corner.
Thence, S 86 degrees 56 minutes 13 seconds W a distance of 255.04
feet RBTURNING TO THE POINT OF BEGINNING.
,~.~~
JAMBS F. BBtf:6 I /'
TEXAS REGISTERED PROFESSIONAL SURVEYOR NO. 2021
DATE: AUGUST 28, 1997
JOB NO. 3121-97
PAGE 2 OF 2
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0000.
IES AND BOUNDS DESCRiPTION
TRACTB
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Being a 0.275 acre (11,964 sq. ft.) lease tract (Tract B) conprising
part of that certain City of La Porte 300.14 acre Municipal Airport tract
(Vol. 161;4, Pg. 190, Harris Co\mty Deed Records), W. M. Jones SUrvey,
A-482, Harris Co\mty, Texas.
All coordinates and bearings are referred to the Texas Coordinate
System of 1983, South Central Zone, as defined in the Texas Natural
Resource COde, Section 21.071, et seg., and are based on the position of
"La Porte 1952", having published coordinates of N 4,209,400.770 and
E 980,752.809 meters, and N 13,810,342.36 and B 3,217,686.51 U. S. SUrvey
Foot; and having a scale factor of 0.9998798.
The 0.275 acre tract is mre 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 Wi coincident with the
North right-of-way line of West Main Street (Spencer Highway) (100' ROW);
a distance of 2440.44 feet to a point for corner.
Thence N 15 degrees 08 minutes 09 seconds E a distance of 601.36 feet
to a 5/8 inch iron rod set for Southwest corner of a 2.045 acre lease
tract ( Tract A ).
Thence, S 86 degrees 56 minutes 13 seconds W a distance of 52.63 feet to a
5/8 inch iron rod set for the Southeast corner of this 0.275 acre tract
and the POIItT OF BEGINNING; said point having coordinates of
N 13,810,866.31 and E 3,217,925.35.
Thence, S 86 degrees 56 minutes 13 seconds W a distance of 39.49 feet to a
5/8 inch iron rod set for the Southwest corner of this 0.275 acre tract.
Thence, N 03 degrees 27 minUtes 00 seconds W a distance of 166.98 feet to
a 5/8 inch iron rod set for the mst southerly Northwest comer of this
0.275 acre tract.
Thence, N 49 degrees 24 minutes 10 seconds E a distance of 12.37 feet to a
5/8 inch iron rod set for the NorthWest corner of this 0.275 acre tract.
PAGE 1 OF 2
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Thence, N 86 degrees 56 minutes 13 seconds E a distance of 88.18 feet to a
5/8 inch iron rod set for the Northeast corner' of this 0.275 acre tract.
. .
Thence, S 15 degrees 08 minutes 09 seoonds W a distance of 183. 70 feet
RETURNING TO THE POINT OF BEGINNING.
.~~
JAMES F. ~. /
TEXAS REGISTERED PROFESSIONAL SURVEYOR NO. 2021
DATE: AUGUST 28, 1997
JOB NO. 3121-97
PAGE 2 OF 2
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Exhibit "B"
Twenty-five (25) Tie-Downs, to be designated
in writing by Lessee to Lessor on the earliest
to occur of Lessee's move in to new building,
or before December 31, 1998, with approval by
Lessor.
19
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Exhibit "e"
Lessor Provided Infrastructure (none of which
shall be constructed on the Leased Premises)
including roadway, an eight inch (8") water
line, an eight inch (8") sewer line, and storm
drainage.
20
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Exhibit "D"
Lessee's Construction Schedule and Penalties
Lessee covenants and agrees with Lessor to keep and maintain the
following staged construction milestones, in its planning and'
construction of its new facilities on the Fixed Base Operator Area:
A. Final site plan submitted by 12/31/97.
B. Building permit issued by 03/31/98.
C. Construction begins by 04/30/98.
D. Const~uction (including new fuel facilities
completed by 10/31/98.
E. Move-in completed by 12/31/98.
F. Removal of buildings/structures and UST by
04/31/99.
The parties agree that time is of the essence, and that should
Lessee fail.to keep and maintain the above and foregoing staged
milestones, Lessee shall pay to Lessor, as and for a penalty for
the failure to maintain each separate staged construction
milestone, the sum of One Hundred Dollars ($100.00) per calendar
day that such failure continues.
21
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CITY OF LA PORTE
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@fmmmmmmmmmmrmmmm!t~~~~~~I~~~~~~ttj~~~ff~t~iJr~r~rtjf~\it~~j~~tt~~~i~~t~~~~~~~;~ffffffffff~i!if!I
October 15, 1997
TO:
Mayor and City Council
FROM:
Robert T. Herrera, City Manager
'R11-\
Advertising at City Facilities by Sporting Associations
SUBJECT:
I have attached two (2) letters from staff, which deal with advertising. The City has been
approached by Boys Baseball and Girls Softball requesting that they be allowed to solicit
companies to advertise on ball field fences, in order to generate additional revenue for their
respective leagues.
The City has no written policy on this matter. We have been operating with an
understanding that the City Council, at least 15 years ago, said "no" to advertising on ball
field fences. Staff has carried out this decision.
I have been told the reason for the "no" decision came about due to Homeowners'
Associations and residents visiting with City Council back then.
The concerns they expressed were:
1. Fence signs were unsightly.
2. Property values near the ball field complex would be reduced over time as a
result of the signs.
3. Residents did not want to drive to their homes and see advertising on their public
facilities.
These concerns are the only ones I have been advised about.
During my employment as City Manager, I have taken the above position with the youth
leagues. The La Porte Livestock Show and Rodeo Association is the only exception that
I know has been made. The City agreed to allow them to advertise as long as the public
could not see the advertisement while driving along a public road, and that the signs
remain contained within the riding arena.
Your advice and direction on how you wish for staff to view this matter would be
appreciated.
RTH:cjb
Attachments
e
City of la Porte
Interoffice Memorandum
e
To:
From:
Robert T. Herrera, City Manager
'?t I Jeff Litchfield, Director of Finance/ACM
U1 October 13, 1997
Date:
Subject:
Advertising by Sporting Groups
Attached is a letter from Stephen Barr regarding advertising "sold" by the La Porte Livestock
Show and RQdeo Association and placed at the Riding Arena. In reviewing the City's contract
with the Association, paragraph "' states:
"The Association shall have the non-exclusive right to sell advertisements, with prior
approval of the City, within the confines of the Arena. All proceeds from such sales will
belong to the Association. ..."
As gathered from Stephen's letter, the Association did not get prior approval for the signs.
The impact of this situation effects our proposed agreement with the Girl's Softball Association
and has the potential to effect our agreements with other groups.
We are in the draft stage of the usage agreement with Girls Softball and they have requested
language that allows them to sell advertising to be placed on the fences at their complex. We
are ready to proceed with this agreement with Girls Softball and this appears to be our only point
of contention.
At this time, it appears we have two options, which are:
1. Agree to allow Girl's Softball to sell advertisements to be placed on the fences in their
fields. This decision will set the precedent that other sporting groups be allowed to sell
advertisement for their fields. We have also received a request from Boy's Baseball to
allow them to sell signs for the fields at Fairmont Park.
2. Do not agree to allow Girl's Softball to sell advertisements. This decision could be
backed up by the differences in the locations. The Rodeo Arena is an enclosed arena
and as such, the signs that have been placed are not visible to the nearby residents or to
casual traffic in the area. The Girl's and Boy's fields are openly viewed by nearby
residents and casual traffic and might be considered as visual blight by those groups.
. It is my understanding our current policy of not allowing sporting groups to advertise on fences at
park locations dates back to direction received from City Council in the early 1980's regarding
Fairmont Park.
I recommend we workshop this issue to receive direction from City Council.
XC: John Joems, Assistant City Manager
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INTEROFFICE MEMORANDUM
JUNE 3, 1997
From:
Jeff Litqhfield, Assistant City Manager ~, A
Stephen L. Barr, Director of Parks & Recreatio~ /dr--
RE: ADVERTISEMENT - LA PORTE
RIDING ARENA
To:
As. discussed, the La Porte Livestock Show and Rodeo Association has begun
solicitation and placement of advertisements at the Riding Arena. This was brought to
my attention by staff who commented that a Budweiser sign (along with others) had
been placed at the arena.
I had staff get a list of advertisements, (approximately 30) and submit them for review.
The Budweiser ad was the only one of the group that could cause us problems. The rest
were local La Porte and Deer Park businesses that appeared to be reputable and in
good standing.
I called Melton Wolters to get his take on the advertisement and to ask why they had not
consulted with us as is required by the agreement His answer was that he was not
aware that they had to get our permission before placement of advertisements. I
apprised him of the stipulations in the agreement and he agreed to remove the beer
advertisement and to not place any more advertisements without our approval in
advance. He said that the Budweiser people had failed to pay their $3,500 pledge
anyway and that they were getting ready to take it down, and solicit one from Miller Lite,
After our conversation, he agreed not to pursue the Miller Lite advertisement.
Please let me know if there is additional action required on the part of City staff. We will
continue to monitorthe advertisements placed to insure that the City's image is upheld.
SB/rodeo advertisement597
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5/97
Advertisements at Rodeo Arena
1. Uncle Ben's Rice
2. Bayshore National Bank
3. Budweiser (asked Melton Wolters to remove)
4. Paul U. Lee Funeral Home
5. Charles Hinds Paint and Body
6. FNB Factors
7. La-Car-Porte
8. Harbor Financial Mortgage Corporation
9. Remax Space Center
10. La Porte Feed and Supply
11. Las Hadas
12. Big State Trailers, Inc.
13. Finch AlC & Heating.-- --.. -.. --.
14. Tortilla's Cantina
15. Environmental/Civic Engineering
16. Furlow Services, Inc.
17. FBN Factors
18. Remax
19. Gringo's
20. Hickham Industries
21. Dow Chemical Company
22. Frederick Scaffold and Equipment, Inc.
23. Fred Bray Ranch
24. Concord Builders, Inc.
25. Angel's Diamond Shamrock
26. Allen's Western Wear
27. La Porte Noon Optimist Club
28. Allen & Kerber Auto Supply
29. Chuck's Meat Market
30. Broken Arrow Silver Company
31. Deer'Park Trophy
32. Broken Bar Ranch
33. DuPont La Porte Branch
34. Oaks TVÅ35. Deer Park Blue Print
36. Brown & Root, Inc.
37. The Mattress Firm
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ORDINANCE NO. 97.
AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND PROMOTE THE
PUBLIC WELFARE OF THE CITY OF LA PORTE, TEXAS, BY PROHIBITING THE
SPREAD OF GRAFFITI VANDALISM; AND ESTABLISHING A PROGRAM FOR
THE REMOVAL OF GRAFFITI FROM PUBLIC AND PRIVATE PROPERTY;
REQUIRING THE REMOVAL OF SAID GRAFFITI; MAKING IT UNLAWFUL FOR
ANY PERSON TO DEFACE ANY PUBLIC OR PRIVATE PROPERTY; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE
FINED IN ANY SUM NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00)
AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE;
CONTAINING A SEVERABILITY' CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, pursuant to Texas law, including the City's powers as a home
rule municipality, the City may enact ordinances to protect the health, safety and
welfare of its citizens; and
WHEREAS, the City Council has determined that unauthorized markings,
including graffiti, on buildings and other structures constitute a visual blight and
safety hazard, and are often used to identify gang territory, promote organized crime
and provide a communication system for gangs that furthers criminal activities; and
WHEREAS, the City Council has also determined that visual blight as
described herein contributes to neighborhood deterioration and damages property,
as well as being objectionable and unsightly, and therefore constitutes a public
nuisance; and
WHEREAS, the City Council finds that visual blight as described herein is a
public nuisance, and as a result, wishes to provide for the abatement thereof within
the City of La Porte; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF LA PORTE, TEXAS, THAT:
SECTION 1. DEFINITIONS.
Graffiti shall mean any unauthorized inscription, word, figure, painting or other
defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or
engraved on or otherwise affixed to any surface of public or private property by any
graffiti implement, to the extent that the graffiti was not authorized in advance by the
owner or occupant of the property, or despite advance authorization, is otherwise
deemed a public nuisance.
ORDINANCE NO. 97 - e
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PAGE :1
Graffiti Implement shall mean an aerosol paint container, a broad-tipped marker,
gum label, paint stick or graffiti stick, etching equipment, brush or any other device
capable of scarring or leaving a visible mark on any natural or man-made surface.
Owner or Occupant shall mean the record owner of the lot or parcel or other
person specifically authorized in writing by the record owner to authorize the
placement of any painting, scratching, writing or inscription upon the owner's
property, or the tenant of a residential or commercial property.
Unauthorized shall mean without the consent of the owner or occupant or without
authority of law, regulation or ordinance. Unless the owner proves otherwise, lack of
consent will be presumed under circumstances tending to show (i) the absence of
evidence of specific authorization of the visual blight by the owner, (ii) that the
visual blight is inconsistent with the design and use of the subject property, or (iii)
that the person causing the visual blight was unknown to the owner.
Visual blight shall mean any unauthorized graffiti or any other unauthorized form of
painting, scratching, writing or inscription, including without limitations, initials,
slogans or drawings. '
SECTION 2. GRAFFITI AS A NUISANCE.
The existence of graffiti on public or private property in violation of this Ordinance is
expressly declared to be a public nuisance and, therefore, is subject to the removal
and abatement provisions specified in this Ordinance.
It is the duty of both the owner of the property to which the graffiti has been applied
and any person who may be in possession or who has the right to possess such
property to at all times keep the property clear of graffiti.
SECTION 3. HEARING.
The owner of a lot or parcel subject to abatement under this ordinance may
request a hearing by notifying the building official within ten (10) days following the
date the city mails the required notice. The hearing shall be conducted by a hearing
official designated by the City Manager or his designee, for the purpose of
determining whether the conditions constitute a public nuisance under the
provisions of this ordinance. Unless notice is waived by the owner, the owner shall
be provided written notice of the time and place of the hearing at least ten (10) days
prior thereto, At the hearing, the owner and the building official may present any
evidence relevant to the proceedings, in accordance with reasonable rules adopted
by the City Manager or his designee and subject to approval by the city attorney. If
the hearing official finds that conditions constituting a nuisance hereunder exist, the
hearing official shall issue an order so stating.
ORDINANCE NO. 97 - e
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PAGE 3
SECTION 4. REMOVAL OF GRAFFITI BY PROPERTY OWNER.
If the perpetrator does not remove graffiti, graffiti shall be removed pursuant to the
following provisions:
1. Property Owner Responsibility. It is unlawful for any person who is
the owner or who has primary responsibility for control of property or
for repair or maintenance of property in the City to permit property that
is defaced with graffiti to remain defaced for a period of thirty (30) days
after being issued a warning notice about the defacement.
2. Exceptions to Property Owner Responsibility. The removal
requirements of subsection (a) above shall not apply if the property
owner or responsible party can demonstrate that:
(a) The property owner (Residential only) or responsible party lacks
the financial ability to remove the defacing graffiti: or
(b) The property owner or responsible party has an active program
for the removal of graffiti and has scheduled the removal of the
graffiti as part of that program, and such program is on file with
the City and is not more than 30 days within a cycle.
SECTION 5. REMOVAL OF GRAFFITI BY PERPETRATOR.
Any person applying graffiti on public or private property shall have the duty to
remove within seventy-two (72) hours after notice by the City. Such removal shall
be done in a manner prescribed by the City Manager or duly designated agents.
Any person applying graffiti shall be responsible for the removal or for the p~yment
of the removal, provided that the owner of the property gives consent for the
perpetrator to enter the affected property for purposes of said removal. An officer of
the City of LaPorte shall be present at all times that a perpetrator has re-entered a
property for purposes of removal of graffiti, for purposes of supervision of the
removal, It is an unlawful act, punishable in accordance with the terms of this
ordinance, for any person to fail to remove graffiti or pay for the removal of graffiti
applied by such person.
SECTION 6. PROHIBITED ACTS.
(a) Defacement. It shall be unlawful for any person to apply graffiti to any
natural or man-made surface on any city-owned property or, without the permission
of the owner or occupant, on any non-city-owned property.
ORDINANCE NO. 97 - _L
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PAGE 4
(b) Use or Possession of Graffiti Imolements
(1) By Minors at or Near School Facilities. It shall be unlawful for
any person under the age of eighteen (18) years to knowingly or
intentionally use or possess with intent to use any graffiti
implement while on any school property, grounds, facilities,
buildings, or structures, or in areas immediately adjacent to
those specific locations upon public property, or upon private
property without the prior written consent of the owner or
occupant of such private property, The provisions of this
Section shall not apply to the possession of broad-tipped
markers by a minor attending or traveling to or from a school at
which the minor is enrolled if the minor is participating in a class
at the school that formally requires the possession of
broad-tipped markers.
(2) In Designated Public Places. It shall be unlawful for any person
to knowingly or intentionally use or possess with intent to use
any graffiti implement while in or upon any public facility, park,
playground, swimming pool, recreational facility, or other public
building or structure owned or operated by the City or while in or
within fifty (50) feet of an underpass, bridge abutment, storm
drain, or similar types of infrastructure unless otherwise
authorized by the City.
SECTION 7. ACCESSIBILITY TO GRAFFITI IMPLEMENTS.
(a) Furnishing to Minors Prohibited, It shall be unlawful for any person,
other than a parent or legal guardian, to knowingly sell, exchange, give, loan. or
otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise
furnished, any aerosol paint container, broad-tipped marker, or paint stick to any
person under the age of eighteen (18) years without the written consent of the
parents or guardian of the person.
(b) Disolay and Storage.
(1) Every person who owns, conducts, operates, or manages a
retail commercial establishment selling aerosol paint containers,
paint sticks, or broad-tipped markers shall store the containers,
sticks or markers in an area continuously observable, through
direct visual observation or surveillance equipment, by
employees of the retail establishment during the regular course
of business.
ORDINANCE NO. 97-
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(2) In the event that a commercial retail establishment is unable to
store the aerosol paint containers, paint sticks, or broad-tipped
markers in an area as provided above, the establishment shall
store the containers, sticks, and markers in an area not
accessible to the public in the regular course of business
without employee assistance.
(c) Signage Reauired. Every person who operates a retail commercial
establishment selling graffiti implements shall:
(1) Place a sign in clear public view at or near the display of such
products stating: "Graffiti is against the law. Any person who
defaces real or personal property with paint or any other liquid
or device is guilty of a crime punishable by imprisonment of up
to 99 years, and/or a fine up to $10,000.00."
(2) Place a sign in the direct view of such persons responsible for
accepting customer payment for graffiti implements stating:
"Selling spray paint, paint sticks, or broad-tipped markers to
persons under 18 years of age is against the law and
punishable by a fine of up to $500.00."
SECTION 8. PENALTIES.
(a) Restitution. In addition to any punishment specified in the Texas
Penal Code, the court may order any violator to make restitution to the victim for
damages or loss caused directly or indirectly by the violator's offense in the amount
or manner determined by the court, In the case of a minor, the parents or legal
guardian shall be ordered jointly and severely liable with the minor to make the
restitution.
(b) Community Service. In-lieu of, or as part of, the penalties specified
in this Section, a minor or adult who is convicted may be required to perform
community service as described by the court based on the following minimum
requirements:
(1) The minor or adult-shall perform community service,
(2) At least one parent or guardian of the juvenile shall be in
, attendance a minimum of one-hundred percent (100%) of the
period of assigned community service, If the parent chooses
not attend community service the penalty prescribed by the
court system shall be doubled.
ORDINANCE NO. 97 - e
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PAGE 6
(3) The entire period of community service shall be performed
under the supervision approved by the Court.
SECTION 9. RIGHT OF THE CITY TO REMOVE.
Right of Entry on Private Property. If the City has requested consent to remove
or paint over the offending graffiti and the property owner or responsible party has
refused consent for entry on terms acceptable to the City and consistent with the
terms of this Section, the City shall commence abatement and cost recovery
proceedings for the graffiti removal according to the provisions specified below.
Correction or removal by City-Generally.
In the event of the failure, refusal or neglect of the owner of any premises or
property to comply with a notice given him pursuant to this article, it shall be the duty
of the City Manager or his duly designated agents to cause the graffiti matter or
condition constituting a nuisance to be promptly and summarily abated, in a
reasonable and prudent manner, at the expense of the City. The City Manager or
his duly designated agents shall carefully determine the cost of such work done and
shall charge such cost against the owner of such premises.
The City shall have the right to award any quantity of work authorized under this
section to a general contractor whose bid shall be accepted by the City Council as
the lowest and best secured bid for doing the work mentioned in this section during
a stipulated time not to exceed one (1) year.
SECTION 10.
FILING OF STATEMENT OF EXPENSES INCURRED.
After compiling the cost of the work and after charging the same against the owner
of the premises, the City Manager or his duly designated agents, shall file a lien on
the property if the owner of the premises fails to pay the expenses.
To remove a lien from a property the owner must pay the cost of the lien, in addition
to, $50,00 per property for administrative costs.
SECTION 11. ABATEMENT AND COST RECOVERY PROCEEDINGS.
Lien. Upon filing the statement of expenses with the County Clerk, the City shall
have a privileged lien upon the land described therein and upon which such
improvements have been made, in accordance with the provisions of Texas Codes
Annotated, Health and Safety Code, Section 342.001, et seq, Such liens shall be
second only to tax liens and liens for street improvements to secure the
expenditures so made, and shall bear ten per cent (10%) interest on the amount of
ORDINANCE NO. 97 - e
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PAGE 7
such expenditures from the date of such payment by the City. For any such
expenditures and interest, suit may be instituted by the City Attorney and recovery
and foreclosure of the lien may be had in the name of the City, and the statement of
expenses made, or a certified copy thereof, shall be prima facie proof of the amount
expended in such work or improvements. Upon payment of the full charges
assessed against any property, pursuant to the procedure set forth in this section,
the City Manager or his duly designated agents shall be authorized to execute, for
and in behalf of the City, a written release of the lien heretofore mentioned, such
written release to be on a form prepared and approved in each case, by the City
Attorney.
The owner of any property in the City shall have the right to contract with the City to
remove all such graffiti as may be on such real estate by requesting, in writing, the
City Manager or his duly designated agents so do so, and by agreeing to pay,
therefore, not less than twenty-five dollars ($25.00) to be paid therefor per address,
series of two (2) or more adjacent and contiguous buildings, or tract or parcel of
acreage, to be charged against such property for each such removal of Graffiti.
SECTION 12. TRUST FUND.
The City Council hereby creates the City of LaPorte Anti.,Graffiti Trust Fund.
Penalties assessed against violators of this Ordinance shall be placed in the fund,
along with any monetary donations received from persons wishing to contribute to
the fund. The City Manager or his duly designated agents shall' direct the
expenditures of moneys in the fund, Such expenditures shall be limited to the
payment of the cost of graffiti removal, the payment, and rewards to report violators
at the discretion of the City Manager or his duly designated agents, and the costs of
administering the Ordinance. The Council may approve such other public purposes
as by resolution. The reward shall be in any sum not more than two hundred and
fifty dollars for information leading to the capture and conviction of the violator.
SECTION 13. SEVERABILITY.
If any section, sentence, phrase, clause, or any part of any section, sentence,
phrase, or clause, of this ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed each section,
sentence, phrase or clause, or part thereof, irrespective of the fact that any other
section, sentence, phrase or clause, or part thereof, may be declared invalid.
ORDINANCE NO. 97 - e
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PAGE 8
SECTION 14. OPEN MEETINGS COMPLIANCE.
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. 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 15. EFFECTIVE DATE.
This Ordinance shall take effect and be in force from and after its passage, approval
and publication as required by law.
PASSED AND APPROVED this the
day of
,1997.
CITY OF LA PORTE
By:
Norman L. Malone, Mayor
ATTEST:
Martha Gillett,
City Secretary
APPROVED:
John D. Armstrong,
Assistant City Attorney
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CITY OF LA PORTE
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October 15, 1997
TO:
Mayor and City Council
FROM:
Robert T. Herrera, City Manager
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SUBJECT:
Future Water
The La Porte Area Water Authority currently is pursuing the procurement of additional
water from the City of Houston.
An opportunity has presented itself to the La Porte Area Water Authority, which requires
the Authority to take swift action,
I have attached reading infonnation for your review that will shed light on the Authority's
effort to buy additional potable water from the City of Houston, and on the impact it may
have on us. '
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Attachments
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tA PORTE AREA
WATER AUTHORITY
I i'
Memo
To: LPAWA Board Members
From: Ro)aert T. Herr~a" General Manager
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CC: John Joems, Assistant City Manager
Date: 08/19/97
Re: Purchase of Additional Capacity - SEWPP
The Gulf Coast Water Authority (GCWA) is interested in selling the City of
Galveston's ownership in the Southeast Water Purification Plant GCWA currently
owns, in Galveston's name, sixteen (16) million gallons per day of capacity in the
PI~nt. The proposed sale pri.ce is $1.1688 per gallon (LPAWA's cost in 1986 was
approximately $1.1~ per gallon).
GCWA is willing sell this capacity now, with the .caveat that treated water will not be
available from the Southeast Plant for approximately three years, to give them time to
expand the existing Texas City Plant VVhen completed, Galveston Will receive its
water.from the Texas City Plant However, the purchaser will not have to pay for.the
capacity until water is made available.
The City of Houston is cu~ntly planning for an interim expansion at the Southeast
Plant,. but this additional capacity will come from a rating increase for existing
facilities, with some modification, subject to approval by the TNRCC. Estimated cost
is $0.40 per gallon, and. additional unknown costs associated With delivery of
additional raw water from 'CWA However, this interim capacity will be subjed to
continued approval of the TNRCC. Should they change acceptable filter flow rates,
the interim capacity could disappear.
The City of La Porte is currently using approximately 80 % of its Capacity at the plant
Both Morgan's Poim ~nd Shoreacres. are cUrrently using almost 100 % of their
capacity. It is clear that additional capacity is necessary to ensure and adequate
water supply for the Bayshore area In the future. The Authority currently owns 4.2
million gallons per day of capacity. The Authority's transmission system was
. Page 1
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designed fOr 1.5 times the original capacity P!Jrchased. The existing system can
deliver 6.3 million gallons per day, or a little over two million GPO more that ~xisting.
With the reduction in water rates last year from the City of Houston, the Authority has
set aside the difference in a capital reserve' account With the purchase price due
three years after initial purchase, the Authority has ~e potential to pay cash for the
additional capacity. Additionally, GCWA has indicated that they are willing to sell.
revenue bonds for the purchase price, with debt service to be paid by the purcl:laser.
I feel that firm, existing capacity available from GCWA is better from a long-term
perspective.). GCWA held. a meeting on Friday, August 15, 1997 to entertain
interest in purchase of capacity. They indicated a resolution from the governing body
of each interested purchaser be forwarded to GCWA no later than September 15,
"1997. I recommend that'the La Porte Area Water Authority indicate its intent to
. purchase two and one-half (2 112) million gallons per day of capacity from GCWA by
resolution (copy attached).
The resolution will not bind the Authority to the purchase. It will, however, allow
, GCWA to plan for its upcoming bond sale and expansion of existing facilities for the
City of Galveston. A formal contract is anticipated once the City of Galveston has
. formally accepted offers to purchase its capacity in the SEWPP. This is the first step -
in the process to secure additional long-term capacity for the Authority.
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La Porte Area VVc:tter Authority
PHONE 171 3) 471-5020 . ?: 0..80)( 1 1 15 . L... PORTE. TEXAS 77572.1 1 15
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August 13, 1997
Mr. Gordon Myers
General Manager .
Gulf Coast Water Authority
3630 Hwy 1765
Texas City, Texas 77591
Re: Sale of Capacity
Southeast Water Purification Plant
Dear Mr. Myers:
The La Porte Area Water Authority (LP A W A) is interested. purchasing additional
capacity c:,.t the Southeast Water Purification Plant. Please accept this letter as a. request
for 2.5 million gallons per day- of c~paci~. We are looking forward 10 the meeting on
-August 15 to learn more about this offer and receive a copy. of Gulf Coast Water
Au~ority' s contract with Houston. Once this contract has been reviewed, the LP-A W A
will consider a Resolution formalizing this request.
If you have. any quest~ons, please contact Steve Gillett, Director of Public Works at
281-471-9650.
Sincerely,
l\~~~
Ie r ett, President
G<~-t T. \-\~.
Robert T. Herrera, Gen~ral Manager
c La Porte Area Water A.uthqrity Board Members
10hn 10ems, Assistant City Manager .
leffLitchfield, Finance Director/Assistant City Manager.
Steve Gill~tt, Director of Public Works v
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La Porte Area Water Authority
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September 23, 1997
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SE? 25 1997 !~
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PUBLIC WORKS
'Mr. Gordon Myers
General Manager
Gulf Coast Water Authority
3630 Hwy 1765
Texas City, Texas 77591'
Re: Sale of Capacity
Southeast Water Purification Plant
Dear Mr. Myers:
The La Porte Area Water-Authority, at its August 27, 1997 meeting, approved
Resolution No. .97-01 to purchase 2.5 mgd of capacity at the Southeast Water
Purificatio~ Plant from the City of Galveston, through Gulf Coast Water Authority.
It has been reported that an additional 0.5-mgd of capacity may be available.
The La Porte Area Water Authority is interested in purchasing this additional
capacity, for a total request of 3.0 mgd.
If you have any questions, please contact Steve Gillett, Director of Public Works
at 281-471-9650. .
Sincerely,
G~~ T. ~
Robert T. Herrera
General Manager
Xc; La Porte Area Water Authority .Board Members
John Joems, Assistant City Manager
Jeff Litchfield, Finance Dir~ctor/Assistant City Manager
Steve Gillett, Director of Public Works ../
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CITY OF LA PORTE
PUBLIC WORKS
DEPARTMENT
Memo
To: Robert T. Herrera, City Manager
From: Steve Gillett, Director of Public Works
CC: John Joerns, Assistant City Manager
Date: 10/09/97
Re: Gulf Coast Water Authority
Gulf Coast Water Authority (GCWA) met with the City of Houston on October 2, 1997
to discuss the sale of water capacity at the Southeast Water Purification Plant. I
called Mr. Gordon Myers, General Manager of GCWA to find out the results of the
meeting. He informed me that the City of Houston has no objection to the sale of
capacity, and will develop contracts in the next six- (6) weeks to effect the sale.
GCWA is currently working with their bond counsel to fund the improvements to the
Texas City Water Plant, as payment is not due until transfer of capacity is complete in
approximately three years. Once contracts are developed, and funding issues
worked out, the issue will be presented to the GCWA board and the Galveston city
council for approval. Contracts will then be submitted to the La Porte Area Water
Authority, estimated to be January 1998. I will keep you informed of progress in this
matter.
CllI Page 1
Population vs. Potable Water Usage
90,000
80,000 -
70,000 -
60,000
s: 50,000-
o
+=
.s
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Cl. 40,000-
- Population 370
Population 2.570
30,000 -
20,000 -
_. . . . 10,000 -
~ w ~ ~ ~ & ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Years
~ ~ W ~ ~ * ~ ~ ~ ~ ~
~() ~() ~() ~() ~() y~~ ar~~tilll:k~ 011 ~~wth1:~ ~r;:j
116 GPD per perSOJL
Margin of el'l'llr at 2 year +/-.
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Population vs 0 Pot~.Jle Water Usage
90,000
80,000
70,000 -
60,000 -
~ 50,000-
+=
~
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~ 40,000-
30,000 -
20,000 -
10 ,000 -
o
& A' A'" A<1 A" n.4~ d::J' rf::J'" r-.()<1 r-.&- r-.e,g, ()~ ()" ()~ ()~ ~. rl,' rl,'" rl,1o (?() ~ ~~ ~'l, _txlo ~()
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Years
\' ears are estimated 011 gl'Owth of
116 GPD per persoll.
l\IlIrgill of cl'ror at :z )'car +/-.
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City of La Porte
Established 1892
September 17, 1997
Plant Managers' Network
Dear Member:
The City of La Porte ~ently is studying and pursuing its ability to secure additional treated potable water for
domestic use to meet the growing needs oftne La Porte community.
The City believes it will be able to purchase additional water capacity and delivery from the City of Houston via
the La Porte Area Water Authority within the next three (3) to five (5) years. The City will purchase only
enough water to meet its projected residential and commercial growth within the City limits. If industry is
interested in purchasing potable water from the City, we would like to hear from you.
I have enclosed a survey for those companies who wish to participate. The survey is intended to give the city
some understanding of what industry's water needs may be. If the needs can be accommodated by the city in
its procurement of additional water, the City will work directly with those companies' requests in the order in
which they are mailed or returned to the City.
Water is becoming a precious commodity that will require all of us to become more conscientious of how we
manage it. In order to determine the amount of additional capacity needed for the La Porte industrial
community, the City of La Porte will be hosting a meeting on Wednesday, October 15,1997, at 10:00 am,
at City Hall. This meeting is, solely, for those companies who believe they would like to explore this
opportunity further.
I look forward to your survey response, which is due back to the City by Monday, October 13, 1997. Should
you require additional infonnation, please do not hesitate to contact Steve Gillett, Director of Public Works,
or myself.
Sincerely,
~~~ \. ~~~
Robert T. Herrera
City Manager
R TH: cjb
Enclosure
c John Joerns, Assistant City Manager
Jeff Litchfield, Director ofFinanceJAC~-{
Steve Gillett, Director of Public Works
r.l\Boxlll) 0 L;1rnrte.Tcx:l~1iY71-1111. (/1\)471').01('
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CITY OF LA PORTE SURVEY
POTENTIAL WATER NEEDS OF PETROCHEMICAL INDUSTRY
September 17,1997
1. The City of La Porte is considering the purchase of additional treated surface water from
the City of Houston's Southeast Water Purification Plant. Would your company be
interested in buying potable water from the City of La Porte?
YES
NO
2. If yes, how much potable water capacity, in gallons per day, is your company interested
in?
3. What do you project your future potable water needs to be, in gallons per day, for the
following?
1 to 3 year range
3 to 5 year range
5 to 8 year range
4. If interested in pursuing the purchase of additional potable water, please indicate who,
from your company, is authorized to meet with the City of La Porte on Wednesday,
October 15, 1997, to begin preliminary discussions?
Company Name
Contact Person
Telephone Number
NOTE: So that we will have data available for the Wednesday, October 15'1997,
meeting, please return this survey by Monday, October 13,1997, to:
Mr. Steve Gillett, Director of Public Works
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
CITY OF ~ PORTE SURVEY
POTENTIAL WATER NEEDS OF PETROCHEMICAL IND~STRY
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1 DEMAND IN GAUDAY r , 1
COMPANY NAME LOCATION INTERESTI1.3 YEARS' 3-5 YEARS 5-8 YEARS ICONTACT PERSON 1 COMMENTS 1
, ,
SOLVAY POLYMERS BATILEGROUND NO NIA NIA NlA W.O. BACHMAN
AKZO NOBEL BAYPORT YES 25,000 26,250 27,500 DEMMI COURTNEY
ROHM & HAAS BAYPORT . YES 6,750 7,500 10,000 DON NEMAN
METLON AMERICA BATILEGROUND YES 500 ' 1,000 1,500 R. LANCE STEWART IF WATER LINE IS INSTALLED TO PLANT SITE
AIR PRODUCTS BATILEGROUND YES 16,000 17,000 20.000 WILLIAM ALLEN IF WATER LINE IS INSTALLED TO PLANT SITE
THE GEON COMPANY BATILEGROUND YES 8,000 12,000 14,000 BILL WAGNER
OCCIDENTAL' BATILEGROUND NO NIA NIA NIA K.J. CARLSON
AKZO NOBEL . BATILEGROUND (DEER PARK) YES I 30,000 35,000 37,000 WAYNE COWART POTABLE AND COOLING TOWER USE
WITCOCORP. BATIlEGROUND . YES 3,000 3,000 3,000 JERRY VAIL
FINA OIL & CHEMICAL BATILEGROUND . YES 6.000 6,000 8,000 DERRELL YOUNG CONTINGENT ON PRICE
E.I. DUPONT BATILEGROUND NO NIA NIA NIA RICK JOHNSON
SOUTHERN 10NICS BAYPQRT YES 3,000 5,000 8,000 I GREG HEAUSLER
TOTAL. 89,250 101,750 113,0001
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La Porte Area Water Authority
Interoffice Memorandum
To~
From:
LPAWA Board Members
Robert T. Herrera, General Manager
Steve Gillett, Director of Public Works
&eft Litchfield, Director of Finance
August 20, 1997
Date:
Subject:
Hypothetical Funds Available for Purchase of Additional Capacity
With the recent news of the opportunity to obtain additional capacity for the La porte
Area Water Authority and its customers, I have taken the liberty to prepare a work
sheet that shows funds that will more than likely be available resources.
The work sheet that is attached shows that $2,013,516 will be available at 9/30/01,
(four years from now). Assumptions in the work sheet are:
left Over Distribution Funds - These are funds left over from the bonds that were
sold in 1988. They can be used for improvements to the system, including the
purchase of additional capacity.
Contingency Fund - These funds represents amounts that have to be reserved under
the current bond ordinance. This type of contingency is special to the Water Authority
Bonds and I fully expect them to be freed up with the refunding in 1998.
Billing for Capital Reserve - This is the Capital Reserve Fee already approved by the
Board and for which we began billing the three cities this year.
Debt Service Difference - This amount represents a savings that will be proposed
next year. In the past, we have billed the Cities the exact amount of the Debt Service
each year. Interest that has been earned on the billed funds have accumulated in the
Debt Service Fund to give us a working capital balance. At this point, the working
capital plus monthly billings is sufficient to cover the first debt payment, which occurs
in November each year. It will be staffs recommendation that the billing to the Cities
be lowered by $25,000 per year. I suggest we approach the entities and allow this
$25,000 to continue to be billed and be accumulated in the reserve fund. Our purpose
for this logic is that it is easier on the customers to have a constant cost for the service,
Le. not have large increases and decreases in fixed costs from year to year.
Interest Income will be earned on these funds and would be available for use. Interest
is based on a yield of 5.75%. Current yields are 5.90%.
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Using the information discussed on the previous page, it calculates to a monetary
amount of $2,013,516 being available in four years. This translates to a capacity
purchase of 1,7 million gallons.
The Authority has expressed it's desire to purchase an additional 2.5 million gallons. If
it Were to be successful in obtaining that amount, potential funding sources for the
additional $911,484 would be the entities, industry and possibly the Port of Houston.
I applaud the Authority for their willingness to reserve these funds in the past and
believe their foresight has placed us in a position to make the best of this favorable
opportunity.
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Work Sheet Showing Hypothetical Growth of Funds
Available for Puchase of Additional Capacity
Entity Attributed To:
Total La Porte Morgan's Point Shoreacres
Current Funds (9/30/96):
Left over Distribution Funds 313,682 268,198 22,585 22,899
Contingency Fund - Transmission 100,000 85,500 7,300 7,200
Contingency Fund - Plant 100,000 90,970 4,290 4,740
Total Current Funds 513,682 444,668 34,175 34,839
Future Funds:
Year 1 (FY 96-97)
Billing for Capital Reserve 176,295 160,376 7,563 8,356
Interest Income 34,257 29,863 2,167 2,226
. End of Year Balance (9/30/97) 724,234 634,907 43,905 45,421
Year 2 (FY 97-98)
Billing for Capital Reserve 176,295 160,376 7,563 8,356
Interest Income 46,363 40,802 2,727 2,835
End of Year Balance (9/30/98) 981,149 865,949 56,362 58,838
Year 3 (FY 98-99)
Billing for Capital Reserve 176,295 160,376 7,563 8,356
Debt Service Difference 25,000 22,059 1,448 1,493
Interest Income 61,806 54,677 3,483 3,646
End of Year Balance (9/30/99) 1,290,613 1,143,863 71,582 75,168
Year 4 (FY 99-00)
Billing for Capital Reserve 176,295 160,376 7,563 8,356
Debt Service Difference 25,000 22,059 1,448 1,493
Interest Income 79,600 70,657 4,358 4,585
End of Year Balance (9/30/00) 1,633,315 1,451,632 88,434 93,248
Year 5 (FY 00-01)
Billing for Capital Reserve 176,295 160,376 7,563 8,356
Debt Service Difference 25,000 22,059 1,448 1 ,493
Interest Income 99,306 88,354 5,327 5,625
End of Year Balance (9/30/01) 2,013,516 1,793,078 107,130 113,307
Estimated Capacity at $1.17 per gallon (shown in gallons)
Current
At end of Year 1
At end of Year 2
At end of Year 3
At end of Year 4
At end of Year 5
439,044
619,004
838,588
1,103,088
1,395,995
1.720,954
380,058
542,656
740,127
977,661
1,240,711
1,532,546
29,209
37,526
48,172
61,181
75,584
91,564
29,777
38,822
50,289
64,246
79,700
96,844
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.) CITY OF LAPORT"
INTEROFFICE MEMORANDUM
October 16, 1997
TO:
Mayor and Council
FROM:
Robert T. Herrera, City Manager
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Workshop of October 20, 1997
Considerations FY 97-98 Bond Sale
SUBJECT:
This section of the Workshop Agenda is intended to 1) provide Council with an
overview of the 1985 Bond Program, 2) recommend the sale of remaining voter
approved but unsold bonds (except for landfill development), and 3) reach a general
consensus on the prioritization of projects.
After a short review of the 1985 Bond Program, staff will present in general
terms, various proposed projects. Several of these projects are continuation of projects
promoted by the 1985 Bond Program. Others are re-prioritized from Comprehensive
Plan recommendations or have been recently developed in reaction to our City's growth.
We hope to leave tonight's meeting with a consensus for the general prioritization of
projects.
Secondly, the exact definition of many of these projects will take additional study and
cost estimation by engineering consultants yet to be retained. With Council's blessing,
we will proceed with the selection and hiring of consultants to assist in project definition
and preparation of cost estimates. Since we may encounter expenses prior to the sale
of the bonds, we recommend Council pass a Resolution allowing reimbursement from
the proceeds of the bond sale.
Finally, once we have defined the individual projects and their respective costs,
we will report back to Council for final consideration and approval.
As previously noted, tonight's effort will focus on the voter approved but unsold
bonds from the 1985 Bond Elections. Our long-range debt service plan anticipates
additional future bond sales. The development of a future bond program and the timing
for calling an election will be an outgrowth of our Comprehensive Plan Update that we
will pursue later this year. The Comprehensive Plan Update and joint meetings with the
Planning and Zoning Commission will be the subject of future workshops with Council.
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.:. IN 1985 THE CITIZENS OF LA PORTE APPROVED $29.15 MILLION
DOLLARS IN CAPITAL IMPROVEMENTS
. $9.35 Million in Revenue Bonds
. $19.8 Million in General Obligation Bonds
.:. THE CITY HAS THE FOLLOWING AMOUNTS REMAINING IN
VOTER APPROVED BUT UNSOLD BONDS:
REVENUE BONDS
. Water and Sewer Improvements
$1,250,000
GENERAL OBLIGATION BONOS
. Street Improvements
. Park Improvements
. Drainage Improvements
. Sanitary Landtill
$ 500,000
$ 500,000
$2,000,000
$1.500.000
Total $5,750,000
.:. PROJECTS PROMOTED BY THE 1985 BOND ELECTION THAT
HAVE BEEN COl\1PLETED:
REVENUE BONOS
Water System Imnrovements
. Construction of an devated water storage fa\:il ity and related water distribution
system improvements induding the wnnection llf the La Portt: and Cllllege View
systt:ms.
Sewer System Imnrovt:ments
. Expansion of the La Portt: Wastewater Treatment Facility and construction of the
Fairmllnt Parkway Trunk Main and the East La Pllrte Rdief Sewer.
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GENERAL OBLIGA TION BONDS
Street Imnrovements
. Reconstruction of East "E" St. from San Jacinto to Park Street
. Widening of So. Broadway from "G" St. to Fairmont Parkway
Draina!!e Improvements
. FIOI (Lomax Area) Master Watershed Plan
* Replace briuges at Valley View and Sens Road
* FIOI Downstream Improvements
* Relocation of utilities
* Installation of drainage structures through Strang Yard
*Pipeline adjustments
* Ongoing: Channel ROW Acquisition
* Ongoing: Replace drainage structures at SH 146
. F216 (Little Cedar Bayou) Drainage Study
Sanitary Landtill
. Purchase of 82 + Acres for future Solid Waste Landtill
. St:cur~ a sitt: spt:citic permit to operate a Type I Solid Waste Lanutill
Parks and Recreation
.
Development of Little Cedar Bayou Regional Park
:I: Wave Pool
:I: 2 Tennis Court<;
* 3 Softhall Fields (2 lighted)
:I: I Multi Purpose Field
:I: 15 Picnic Sites
* Trails and Boardwalk
. Acquisition and Development of Northwest Park
:I: Swimming Pool
:I: 2 Tennis Courts / Baskethall Court
:I: Various Playground Facilities
. Construction of Community Recreation / Fitness Center
Fire / Police Facilitv Imnrovements
. Replacement of Existing Fire Station No.2
. Property Acquisition of Fire / Police Training Facility
:I: Multi Story hurn huilding
:I: Residential type hurn huilding
:I: Firearms range
:I: Miscellaneous site improvements
Development of an IS-hole Golf Course
. Land Acquisition
. Construction of an IS-hole Gol f Course am] related fad I ities
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.:. PROJECTS PROMOTED BY THE 1985 BOND ELECTION THAT
HAVE NOT BEEN COMPLETED ARE:
REVENUE BONDS
WATER I SEWER IMPROVEMENTS:
. Waterline Installations: a segment along Sens Rd. (26111 St)
This project was deferred due to the uncertaimy f?{ the widening of 2fJ' Street. There is
no e;ffect on our ahility to serve citizens and husinesses.
. Three relief sewer projects: Bayshnre, Central La Porte, Big Island Slough Trunk Sewers
Completion of the /4'11 Street and East La Porte trunk sewers and connection of the
Lomax force to the Fairmolll Parhvay Trunk have improved reliahility of service. Prior
to committing to these prt?iect.\' we recommend are-evaluation f?{these projects. perhaps
through the update f?{ our Comprehensive Plan.
GENERAL OBLIGATION BONDS
DRAINAGE IMPROVEMENTS:
. Diversion from F 10 I and Drainage Improvelm:nts to the B 106 Watershed
NOTE: The proposal to divert stormwaterfrom FIOI to Big Island Slough proved to be
impractical. This resulted in the FIOI Drainage Plan heing adopted as the most
prudent way to alleviate llooding prohlems in the FIO/ (Lomax Area) Watershed. The
improvemlmts proposed by this watershed plan are ongoing.
. Drainage imprnvem~nts to the Little Cedar Bayou Wat~rshed (F216)
It is recommended that we pursue land aCflUisifioll alld c:hWI/lel improvements. also
rl:fine the watershed study's recomml~lldafi()/l reganlil/g detention.
MUNICIPAL SOLI OW ASTE LANDFILL:
. Bonds were sold to purc:lwsl' land Ul/cI Sl'curl' a pNmit to operate II Type I solid waste
landfill. Both have heen accomplis/1C'l1. The City has not pursued development f?l the
landfill hecause we have hel'n ahle' to mailltail/ ec.ww/IIical!y viahle alternatives.
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.:. FY 97-98 PROPOSED BOND SALE
As discussed in the budget overview and in the long-range debt service plan, market conditions
are favorable and staff recommends issuing new deht. This tiscal year Council will be asked to
consider issuing 4.25 million of the voter approved, hut unsold bonds. This will exhaust all of the
current voter authorized debt with the exception of funds for landfill development. At this time we still
have an economically viable alternative for solid waste disposal and staft' is not recommending sale of
these bonds. An initial list of potential projects follows. Many of the projects wilI require further
detinition and retinement heti)fe a detinitive scope of work and tinal recommendation can be
establ ished.
.:. RECOl\'IMENDED FY 97-98 BOND SALE
REVENUE BONOS
. Water and Sewer Improvements
$1,250,000
GENERAL OBLIGATION BONOS
. Street Improvements
. Park Improvements
. Drainage Improvements
$500,000
$500,000
$2.000.000
Total $4,250,000
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.:. POTENTIAL PROJECTS FOR FY 97-98 BOND SALE
REVENUE BONDS
$1.250.000
WATER I SEWER IMPROVEMENTS
1.250.000
Southeast La Porte Trunk Sewer
Wastewater Treatment Plant/Improvements
Central La Porte ReI ief Sewer *
Bayshore Relief Sewer * ,
Big Island Slough Trunk Sewer *
. The most pressing issue is the installatioll (?la trunk maill to serve undeveloped areas in
Southeast La Porte. This has heen the suhject (?l previous correspondence to Council. On
Septemher 8, Council approved a COlllract for en~ineerin~ services. (f the Cit)' reaches
agreemellt with the developer and the preliminary engineering report and construction estimates
are favorable, then Council could authorize .Iina! en~ineeril!g and construction. The remaining
water and sewer prqiects could later be dl!/ined based on the outcome (?f the Comprehensive
Plall update and on the outcome (?f' our Wastewater permit rellewal process.
*Although these projects were prom.oted hy the 1985 Bond Program.. stafffeels that we can
defer them. umil we complete the Comprehl~llsive Plall Update. Since completion of the East La
Porte Relllt Sewer, the Lomax jim:e maill imercollnect. the 14'/. Street Trullk Sewer and the
implementation (?{our I & I program, we have not experienced service related problems ill these
areas. The)' are still via hie prr?iects, however, and may end up on the project list for a future
bond sale. Prior to pursuing this course, we will seek not only City Councils approval, hut also
the Bond Counsels opinion.
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GENERAL REVENUE BONDS $3.000.000
DRAINAGE IMPROVEMENTS 2.000.000
PROJECT LOCATION
F101 Watershed (Lower San Jacinto Bay)* Lomax Area
. Continue Land Acquisition and Channel Construction
F216 Watershed (Little Cedar Bayou)*
. Initiate land acquisition and channel improvements: rt~fine study
recommendations regarding detention
Central La Porte
* These projects were promoted by the 1985 Bond Program.
AFfER REFINEMENT OF THE ABOVE PROJECTS IF FUNDS ARE A V AILABLE
STAFF RECOMMENDS CONSIDERATION OF THE FOLLOWING PROJECTS:
B109 Spring Gully I B112 Willow Springs Baynu Western La Porte
. Pursue recommendations in recently completed study (?fthe BI09 / BI 12
Interconnect
AI04 Taylor Bayou South Central La Porte
. Develop Watershed Management Plan.f()r the Taylor Bayou Watershed
PARK IMPROVEMENTS
500.000
Land Acquisition and Facility Improvements
. All of the Parks Improvement Prt?iects promoted hy the 1985 Bond Program have been
completed,
. At the recent City Council Retreat, various Coundlmemhers expressed an interest in three
projects: relocation of the girl's ,w?fihall complex, park land acquisition for the high growth
areas qf La Porw and development (?f Seahreeze Park. Stuff.tc!els that the most pressing
issue is relocation (?f the Girl's S(?fiha/l ProKram. A plan for relocating Girl's S(?fthall is
detailed 011 lawr paKes. At this time we helieve we can pursue parkJOIul acquisitions using
park l.Onefeesfrom developas, pl'fhaps coupled with proceedsfrom afuture bond sale.
The developmellt (?{ Seahreeze Park is d(~pel/dent on solving some various State and Federal
permittinK issues (Shoreline Protection). We .fc'('1 chat lI;fia chese issues are resolved, we
c:an proceed wich the fUl/ds chat have already heen set aside. ({ Council chen wants co
accelerate the development (?{ Seahreeze Park, we could collsider our annual Capital
Improvemnufunding source.\' or a.fillure hOl/d sale.
STREET IMPROVEMENTS
500.000
Farrington Blvd. Extensilln
Caniff Rnad
14th St. and "H" St.
. All (?{ the! Streec Improvements prr?iec:ts promoted hy clU! 1985 Bond Program have been
completed.
. Since $500,000 wi/lnOl huild muc:h arterial roadway, Council may want co consider several
smaller roadway pfl?iects.
16tl. Street Right-of-Way Al.:quisition
Canada Rnad Right-of-Way Al.:l)uisitilln
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PROPOSED SEWER SYSTEM IMPROVEMENTS
Recommended Priority
. Southeast La Porte Trunk Sewer
Sanitary sewer is not available to this area of La Porte, City Council
will soon be considering a development agreement with the developers of
a 176-unit apartment complex. If Council approves the development
agreement, these funds could be utilized for the City's portion of the
project. Council has approved a preliminary engineering agreement with
Turner, Collie and Braden to evaluate and estimate the construction
costs, Once this report is received, we will inform Council.
~ Wastewater Treatment Plant
Funds for the design and construction maybe needed depending on the
outcome of our Wastewater Permit renewal process. The new permit
parameters could result in a lower rated capacity for our plant.
Recommended Deferral
. Water distribution Improvements: Sens Road (261h Street)
* Defer due to the uncertainty of the widening of 261h Street
. Central La Porte Relief Sewer
. Bayshore Relief Sewer
. Big Island Slough Trunk Sewer
Completion of the 141h Street and East La Porte trunk sewers, and
interconnect of the Lomax force main have improved reliability
for service. Recommend consideration during our Master Plan
Update.
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REVENUE BONDS
$1,250,000
PROPOSED SEWER SYSTEM
IMPROVEMENTS
Recommended Priority
. Southeast La Porte Trunk Sewer
. Wastewater Treatment Plant Improvements: (Dependent on Outcome
of Permit Renewal)
Recom mended Deferral
. Central La Porte Relief Sewer
. Bayshore Relief Sewer
. Big Island Slough Trunk Main
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PROPOSED DRAINAGE IMPROVEMENTS
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Recommended priority
. F 101 Improvements: Continue Land Acquisition and Channel
Improvements
. F216 Improvements: Land Acquisition and Channel
Improvements
If funds are still available, staff recommends:
. B 112 (Willow Spring) Improvements: Channel Improvements
. A 104 (Taylor Bayou) Improvements: Watershed Study
MAJOR LA PORTE WATER.SHEDS
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PROPOSED DRAINAGE IMPROVEMENTS
. F 10 1 Watershed (Lower San Jacinto Bay)
", This project was promoted by the 1985 Bond Program. The Watershed drains a
substantial portion of the Lomax community. Although significant work has been
completed, it is necessary to complete more land acquisition and channelization to
have a significant effect on the current flooding problems. It is recommended that
we continue with the right-of-way acquisition and channelization. The extent of the
continued channelization and estimated costs will not be known until the currently
proposed improvements are evaluated.
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PROPOSED DRAINAGE IMPROVEMENTS
. F216 Watershed (Little Cedar Bayou)
This project was promoted by the 1985 Bond Sale. A study was prepared by
Espey, Huston and Associates for the Harris County Flood Control District.
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The purpose of the report was to determine the existing tlooding problems along
Little Cedar Bayou identify a tlood control alternative for solving these
. problems and develop a plan for handling the drainage along the bayou under
, ultimate development conditions. The plan described in the report consisted of a
phase one project, which is channel improvements and widening in the
downstream reach of Little Cedar Bayou. The ultimate project consisted of
additional channel improvements in the upstream reach of the bayou with a
detention pond, approximately 25 acres in size, located just west of SH 146.
The need for the detention pond was based on certain constraints that were
placed on the downstream areas of Little Cedar Bayou. Prior to defining this
project, we would like to reevaluate the proposed detention pond.
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PROPOSED DRAINAGE IMPROVEMENTS
. Willow Spring Gully (B-112)
Harris County Commissioners Court authorized the engineering firm of Wilbur Smith
Associates to perform a hydrologic and hydraulic study for the interconnect of Willow
Springs Bayou to Spring Gully in the Armand Bayou watershed. The study determines
how the watershed acts with the interconnect in place, the hydraulic impacts along
Willow Springs Bayou and Spring Gully affected by the interconnect, and the mitigation
needs to offset any adverse impact downstream from the interconnect. The study also
included the development of an interim and ultimate plan for the proposed regional
detention site.
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There currently is a signiticant amount of tloodplain area within the Brookglen, Pecan
Plantation, and Spencer Highway Estates Subdivisions, The study indicates that the
lOO-year storm, with the ultimate plan in place, will stay within the channel banks
through the Spencer Highway Estates, and Pecan Plantation Subdivisions. However,
the Brookglen Subdivision will not see a signiticant reduction in the tloodplain area
along Willow Springs Bayou,
HCFGD is under contract with the engineering tirm of Klotz and Associates to analyze
the entire Armand Bayou watershed. This study will include the cities of Pasadena, La
Porte, and Deer Park. Currently the study is focused in the' Pasadena area. However,
the HCFCD indicated that the study might be able to be directed next to the Willow
Springs Bayou watershed. This portion of the study should provide answers to the
problems we are experiencing in Brookglen.
Once this latter study is approved and accepted, implementation of a plan of action will
be very important. No results from the study are available at this time. However,
possible improvements might include channel deepening and widening, creation of a
detention basin within the watershed, and quite possibly the diversion of stormwater
from Willow Springs Bayou to the existing detention basin north of Spencer Highway.
The City should be in a position to implement the recommendations from HCFCD that
benefit areas of La Porte or be able to joint venture with HCFCD on major watershed
improvements.
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PROPOSED DRAINAGE IMPROVEMENTS
. Taylor Bayou (A-I04)
Taylor Bayou drains the southeastern portion of the city tlowing in a southerly
direction. The watershed, within the City of La Porte, consists of approximately 3.86
squar~ miles and is generally bounded by Galveston Bay on the east, by the Bayport
Channel on the south, by Bay Area Blvd. on the west, and by "0" Street and Little
Cedar Bayou on the north.
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There are numerous inquiries regarding development within this watershed. Without
question, the area of greatest uncertainty is storm water management.
T~ere"is no current, detailed study of the Taylor Bayou Watershed to guide the City in
de,vel~pment of this watershed. A comprehensive document that develops an
implementation plan for the Taylor Bayou Watershed designed to facilitate future
growth is needed. A study would determine the existing tlooding problems, identify a
tlood control alternative for solving these problems and develop a plan for handling the
drainage along the bayou under ultimate development conditions.
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GENERAL OBLIGATION BONDS
POTENTIAL PARK SYSTEM IMPROVEl\1ENTS $500,000
o Relocate Girl's Softball to Little Cedar Bayou: (Description follows)
o Land Acquisition: We could pursue parkland acquisition using park
zone fees from developers, perhaps coupled with proceeds from a
future bond sale. Presently the park zone fund has $18,200
available. If the Pecan Crossing and Summer Winds Subdivisions
are completed as presented to the Planning and Zoning Commission,
the fund would grow to $71,925.00
. Seabreeze Park: The development of Seabreeze Park is dependent on
solving some various State and Federal permitting issues (Shoreline
Protection). We feel that after these issues are resolved, we can
proceed with the funds that have already been set aside. If Council
then wants to accelerate the development of Seabreeze Park, we
could consider our annual Capital Improvements funding sources or a
future bond sale.
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POTENTIAL PARK SYSTEM IMPROVEMENTS
. Proposal for Provision of Y ollth Softball in La Port.e
As discussed with Council, staff has commissioned an architectural firm to study the
feasibility of placing a youth softball complex in the ten acre tract adjacent to Northwest
Park. The study is substantially complete and the results show that a cloverleaf
complex of four fields, accompanying parking, pressbox, restrooms, storage, and other
associated facilities will fit the existing site. The down-side is that the proposed
complex will utilize virtually all of the site leaving little or no open space, and the
estimates for cost of the project are in the range of $750,000 to $800,000. In
evaluating the proposal, there appears to be a substantial shortfall, considering the cost
estima~es compared to the expected benetits, that would be attained in pr<?ceeding with
the proposed complex.
In the recent Council Retreat, the idea: of utilizing the softball fields at Little Cedar
Bayoli Park for youth softball was broached. Staff has reviewed the current use of
those fields and found they are being under-utilized by the adult leagues. In the past
fiscal year, there were only two tournament rentals at the softball fields. In addition,
league participation is down close to minimum levels for our 4 league offerings this
year.
There are a number of factors that have contributed to the reduction in adult softball
use. One factor is that adult softball is in decline nation-wide. Adult Fast Pitch softball
leagues are almost non-existent now, when a few years ago there were quite a number.
Another factor is that alcohol is prohibited at the Little Cedar Bayou fields. The
availability of other sites such as commercial softball facilities (i,e. Softball Country
Club) that offer late-night leagues, all-day leagues, etc. also has contributed to the
decline.
Utilization of the three tields at Little Cedar Bayou for youth softball would require
some retrofitting of the fields. Currently two tields are totally fenced; but they are
much larger than required for gi rl' s softball (300 feet versus 220 feet to outtield
fences). Temporary fencing could be placed at these two tields which would allow
joint use of the tields for both youth and adult softball. The third tield is partially
fenced but would require that the outtield fence be installed to be a viable field. This
tield could be reserved exclusively for youth softball. The third tield would also
require lighting.
There is concern about the future expansion of the youth softball program. There is
also concern about shared use of the park by the adult soccer program at Little Cedar
Bayou Park. Adult soccer is growing very fast and our tield use is nearing capacity.
-
POTENnAI. PROJECTS
for PARK IMPROVEMENIS
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GENERAL OBLIGATION FUNDS
POTENTIAL STREET IMPROVEMENTS
$500.000
Recommended Priority
. Farrington Blvd. Extension: This project was considered by the 1985
Steering Committee for Capital Improvements. It did not rate high
enough to make the tinal cut for the Bond Program.
. Caniff Road: This undeveloped right-of-way is flanked on the west
by Pecan Crossing Subdivision, on the north by the proposed
Summer Winds Subdivision and on the south by 2 churches and some
undeveloped neighborhood commercial property. Council will soon
consider a development agreement with Summer Winds that could
produce some funds for this project.
It is doubtful that the funding available would allow for consideration of the
following projects:
. 14th and "H" Street: Street Improvements around the perimeter of the
Kroger Shopping Complex.
. 161h Street Right-of-Way Acqui.sition:
. Canada Road Right-of-Way Acquisition
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PROGRESS
On Saturday, June 15th, the voters of La Porte will determine
our community's future. Nine Capital Improvement Projects are
proposed which will improve basic services and make our
community a better place to live. These projects will also
provide new jobs in the area and boost our local economy over
the" next five year construction period. Some of these projects
must be funded either through this capital improvement program
or through short-term increases in taxes and service rates.
However, these proposals will spread the cost of these vital
projects over the next two decades.
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Projections from independent fiscal agents indicate that the
overall impact of the projects funded by property tax reve~ues
will not exceed a 3 cent increase in property tax rates, and
would result in no tax rate increase if the bond market stays
favorable over the next several years. This means the most a
homeowner with a $63,000 home and a 20~ tax exemption would have
to pay is $1.25 per month.
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'1\..0 vital ility are ~ ~ for tiE City of La. Fbrte. 'Ihes:! 00 capital
:irq;rovaJEnts exterxl inprow a large prt, of t:re City's ~ ~ systan. ere p-oject
will cx:rrect :l Fbrte College Vi.eN \Eter systems WUle tre secx:rd p-oject feab.res a ~ tc:w:!r
arxi tre rece y waterlil . Cast for tlE 00 IJ"Ojects is estinBta1 at $fn),cxx>.' ". '_
'00: _
Six W3Stewater utility Il"Ojects are. re~ p~ to greatly irqrove tiE City's ~ sea-
systarB. 'Ire eJq2'lSia1" of tie La ~ ~ TreatnEnt Plant is re~ ~ in a-cB- to DEet
with a a:nPliarre s::tmule reqt.ESted of Ia Fbrte by tre Texas ~ of Water Penrces. . tl.trEraJs
ot:l'E- relief seo..er arrllift statia1 P"Ojects ra.ni C1lt this Jl"OIX)Sitial at a crist of $8,$l,ax>.
1../UftE:
TWoJ street I"eCC1'lStn.rt fl"Ojects are ~ for tre City trrler this p-qx>sitia1. ere fl"Oject is tiE
recxl'l.~bl.Ctial of East ''El' Street fran San Ja:into to Park Street to ircl.Lrle arll arrl gutters. TIE
secaxi J1"O~ is tre widenirg of Era:Gay B.:ulevani to far-lares fran 'U' Street to FainIatt Par>>ay.
Traffic am safety iIq:rovarEnts are tiE pinBry b:refits of this p-qx:mtiat vallEd at $2,500,ax>..
RIB:
Three storm.ater ani cIra:imge:inprovaJEnt IJ"Ojects are reing ~ to p--event or ea5e draimge aD
~ prcb1ans in tiE Big Islarrl SIa.Wt an::i littJ.e Cedar Bayw~. . ~ IJ"Ojects can re
~idered tre first steps in tte evenl:1Bl ~ of fla:xiing prcblems ~ La Rrte an will,
CXl1SeqlBltly, enare <X11t:iru:d cEvelc:prEnt. Cbri:>ired p-i~ tag fer this p-q:osi.ti.a1 is $3,ax>,ax>.
F1\E:
A m.ni.cipal SJlim.sste larIifill is re~ ~ for La Rrte. 'Ire ~ laDfill is tre DDSt oost
effective s:llutia1 to La Porte's slli.cH!St:e~ reeds ~ J..arrlfi11s are scaJ"(E in tre area arIi
therefore di~l fees are ever-~. City ~ casts willl"E:dl.m arrl citizen ~ility
to t:l'E 1arrlfill is~. Cast fa- tlE p~ larIifill. Will re $4,an,cxx>.
SIX:
Prq:ositiat Six calls for th
de'lelcprent of a a:mru1i.ty
p::ol, 4 lighted t:al1.fiJ
recreaticml "ties
a t.es<etball ani
e
tftJi foil I I( If)
e
deve1opra1t of tiE Uttle Cedar ES}O.J Pegialal Pari< arIi tre ~ arrl
p:lli<: in t"JE Larax area. 'Ire regiaBllE'k will feab.re a 5Q.irete- ~
6 tennis CX11rt.s, 3) picnic sites, trails, f~ pier aD ot.b:r
lcnBx Catm..rri.ty Part< will offer a 25-m:ter SNirrmi..rg p;cl., 2 tennis <n.rt.s,
playgrani facilities. Cost of this ITOIXlSiticn is ~,5CO,cro.
...~: .
A 14,cx:o sq. ft. recreatiCl'lal am cx:mI1.ll'lity a::nple:< is t.J1!er rropJSal for little Calar ES}OJ P'clrt<. 'Ire
carple.x will feattre a gynmsiun, an autitDriun, ra:qu:tball ca..rt.s, P3ri< offices, ?eight am exe....cise
rccms, aD 2 CXIIIIU1i.ty !IEet~ rams. 'frE carp1ex offers ooth recreatialal ani civic us:s em is p-iced
at $1,500,em.
ElGll":
A l'E'..J fire si:c:-tiGn is re~.g pro~ to replace e.'(istir.g Fire Statia"l 2 CLn'e!1tly lccated in ~
Fairm:nt Part< residential area. 'l'h: l'E'JI statim is reeCed to iIq:rove ffiErgerr.y res~ tinEs to t."l:!
w:stem p:;rt.icns of t"JE City. kiditicrally, relccaticn of t:.re statiat w:uld ease t.."E ccrx:E."n of piilic
safety in t:l'e resiCential al""-3. 'l'h: l'E'JI fire sta-tiat w::ul.d allcw fer future ackiiticnal firefi@1te."'S arrl
equipIEnt. 'l'h: oost for this pl"CpJ5iti01 is $55O,cro.
A review of water, sewer, and garbage rates indicates that the
long-term funding of these projects will require mi~imal
increases, whereas if these long-term projects are not passed
the costs of these services over the next five years will go up
dramatically in order to remain in compliance with State
Department of Health and EPA requirements.
tlIE:
A fire tra:in:il'1g fccility is reir.g pro(n3ed for t:.re City of La R:rt.e. 'Ire prqn:ai facility will inp'uve
all of 'ere City's p.blic safety .::avices delivery ani will €l'1..s.Jre P"Ofessiaally tra:ired firefigtt...crs.
'Ire fccility will feature a ITU1.ti-storied tun ~.g, a sralJ. res:idential-t)'!:e b.rn h.li1.d.:i115, a
pistol ~ fer tre La Fbr...e Police 0:p3rtrte1t am ~ c.1.as::rcxIr5. 'Ire oost fer tre fa:ilit'j an:i
larl is $1,500,CCO.
LA PORTE
CAPITAL
I
MPROVEMENTS
PROGRAM
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MEETING HANDOUTS
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SPERO fOfY\Dtv15
a'~ 1:>1'-'-' C.OLoVVj ciR'
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SU~jECT ON WHICH! WISH TO SPEAK:
J"uNK
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DAE: 0 c"\ I ~u) 19 ~ 1
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AGENDA
SPECIAL CALLED REGULAR MEETING AND WORKSHOP MEETING OF LA PORTE CITY
COUNCIL TO BE HELD OCTOBER 20, 1997, IN THE COUNCIL CHAMBERS OF THE CITY
HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M.
Next On.!. 97-2200
Next Res. 97-10
1. CALL TO ORDER
2. INVOCATION - MAYOR MALONE
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING OCTOBER 13, 1997
4, PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PA YERS WISHING TO ADQRESS COUNCIL
5. CONSIDER APPROVAL OR OTHER ACTION REGARDING (1) TERMINATION
OF PRIOR LEASE OF CLIFF HYDE FLYING SERVICE, INC; AND (2) AN
ORDINANCE APPROVING AND AUTHORIZING A LEASE AGREEMENT
BETWEEN THE CITY OF LA PORTE AND CLIFF HYDE FLYING SERVICE,
INC., EFFECTIVE JULY 7, ]997 (Ord. 97-2200) - R. Herrera
6. ADMINISTRA TIVE REPORTS
7. COUNCIL ACTION
8. 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 551.075 - (CONFERENCE WITH EMPLOYEES)
MEET WITH CITY MANAGER, CITY ATTORNEY AND AIRPORT MANAGER
ON CONTRACTUAL MATTER
9. CONSroERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE
SESSION
10. ADJOURN SPECIAL CALLED REGULAR MEETING
I]. CALL TO ORDER WORKSHOP MEETING
A. DISCUSS ADVERTISING AT CITY FACILITIES BY SPORTING ASSOCIATIONS
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B. DISCUSS PROPOSED GRAFFITI ORDINANCE
C. ' Discuss POTABLE WATER FROM THE SOUfHEAST WATER PURIFICATION
< PLANT FOR FUTURE GROWTH
,
D. DISCUSS ISSUANCE OF REMAINING BONDS AUTHORIZED BY THE VOTERS
IN 1985
12. ADJOURN WORKSHOP MEETING
If during the course of the meeting covered by this agenda the Council should determine that a closed or
executive meeting or session of the Council should be held or is required in relation to an item noticed
in this agenda, then such closed or executive meeting or sessions authorized by the Open Meetings Law,
Chapter 551, Texas Government Code; will he held hy the Council at that date, hour and place given in
the meeting notice I'll' as snon after the commencement of the meeting cnvered by the meeting notice as
the Council may conveniently meet in such c1nsed or executive meeting or session concerning any and
all subjects and for any and all purposes permitted by Sections 551.071 through 551.076, and Section
551.084, of said Open Meetings Law, including, hut not limited to:
Section 551.071 -
Section 551.072 -
Section 551.073 -
Section 551.074 -
Section 551.075 -
Section 551.076
Section 551.084 -
For the purpnse of a private consultation with the Council's attorney on any
suhject or matter authorized hy law,
For the purpnse of deliherating the purchase, exchange, lease or value of real
property.
For the purpose of deliherating a negotiated contract ti'Jr a prospective gift or
donation to the City.
For the purpose of del iherating the appointment, emplnyment, evaluation,
reassignment, duties, discipline or dismissal of a puhlic ofticer or employee or
to hear complaints or charges against a puhlic ofticer or employee, unless the
ofticer or employee requests a puhlic hearing.
For the purpose of conferring with an employee or employees of the City, only
till' the purpose of receiving intiJl'Jnation from the employee or employees or to
ask questions of the employee or employees; provided, however, that nn
discussion of puhlic husiness or City policy that affects puhlic business shall
take place hetween the memhers of tht: City Council during lhe confert:nce.
To consider the deployment, or specitic occasions till' implementation, nf
security personnel or devices.
For the purpose of excluding a witness from a hearing Juring the examination
of another witness in an investigation.
"
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NA;,:E: \L 0 h Q. 0 c-..
ADDRESS: (<::>rn; C"-,,, -:;:;"" s '\> '.< n~c::
SU?JECT ON WHICH I WISH TO SPEAK:
. '
0... A.. v e- (" '-\. .,~ S:.~ ""c:;., !
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ADDR::SS:
S\-e\J~ V ~\-U\V~ (au.. \ 4~ ~ . J
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N.lI.l.:E:
SUBJECT ON WHICH I WISH TO SPEAK:
G((~\.I;;\\ O("c\.,/'JIU~
DA'I'::: 10) 'w'/c, 1
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NAME: 1?o",,'V ,-If. ~ A Iff?
ADDRESS: ~~ l/ i 11 ~i''b; oil
SUBJECT ON WInCH I WISH TO SPEAK:
-VI' fC~ e.( f~dP~rll..t2 t-j( #- 1"4 rf J-j CJ /( JiJ.!
DATE: Be 1': 1t3 B If'~)
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ONE OFFICER AND POLICE
PROBATIONERS DEPARTMENT
CLEAN OFF RESPONSIBILITY
GRAFFITI
NO ORDINANCE I CITY FUNDS
NO ORDINANCE CITY FUNDS
N/A
GRA FFITI WASHED
OFF PUBLIC
PROPERTY ONLY
e
N/A
e
LIENS
DONA nONS
CITY FUNDS
($415,500.00)
DONATIONS
LIENS
CITY FUNDS
($50,000.00)
OWNER - 21 DAYS OWNER
COURT
CITY
O\VNER - 30 DA YS OWNER
COURT
CITY
OWNER - 10 DAYS OWNER
COURT
CITY PAINT BANK
(PAINT DONA TED
BY PAINT
COMPANY)
AVAILABLE TO
OWNER
A V All..ABLE TO
COURT
PUBLIC WORKS
RESPONSIBILITY
CITY RECYCLING
PAINT PROGRAM
AVAILABLE TO
O\VNER
AVAILABLE TO
COURT
CITY PAINT BANK
A V All..ABLE TO
OWNER
AVAILABLE TO
COURT
LIENS
DONATIONS
FINES
-
FINE-$2,000 MAX. CITY AND LPISD
FUNDS
-
OWNER - 10 DAYS
VIOLATOR -72 HRS
I
OWNE
COUR
CON
-
PAINT BANK -
OR BUSINESS
DONATIONS
AVAILABLE TO
OWNER
A V All..ABLE TO
COURT
P
COMP ARISON OF GRAFFITI ORDINANCE
r':J,,~d tllP
-
LIENS
NO ORDINANCE
LIENS
NO ORDINANCE
CITY FUNDS
($156,000.00)
DONATIONS
N/A
DONATIONS
N/A
10 DAYS
UNKNOWN
UNKNOWN
N/A
NO ORDINANCE
CITY FUNDS
($4 MILLION)
UNKNOWN
e
NO ORDINANCE
CITY FUNDS
($20,000.00)
DONATIONS
UNKNOWN
CITY
COURT
CITY
COURT
N/A
COURT
CITY
CONTRACTOR
N/A
FREE PAINTING
AND SAND
BLASTING BY CITY
CITY PAINT BANK
N/A
GRAFFITI
CLEANED OFF
BRICK WITH
STEEL BRUSIIES
CITY PAINT BANK
-
LlENS
-
CITY FUNDS
($300,000.00)
DONATIONS
--
UNKNOWN
--
PAGE 2 OF 3
COMPARISON OF GRAFFITI ORDINANCE
-
-
CITY FUNDS
($246,450.00)
DONATIONS
FINES
LIENS
FINES
CITY FUNDS
($40,000.00)
OWNER - 5 DA YS CITY CITY PAINT BANK
OWNER
CONTRACTOR
UNKNOWN CITY CITY PAINT BANK
CIVIC I\ruRAL PAINTING
ORGANZIA TIONS PROGRAM
-
-
LIENS
FINES
-
CITY FUNDS
($680,000.00)
-
UNKNOWN
-
CITY
OWNER
CONTRACTOR
BANK
PAGE 3 OF 3
COMPARISON OF GRAFFITI ORDINANCE
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October 20,1997
-,
Honorable Mayor of La Porte
Members of City Council
Recently infonnation regarding the problem with graffiti gathered in June of 1995, was disposed
of. A considerable amount of research was done for the Town Meeting that was held in the Honorable J.B.
Williamsons' court room and many town and school officials were in attendance. A handful of concerned
citizens were also present who also are tired of the graffiti littering the buildings in our town. Names and
telephone num bers were gathered from those willing to volunteer their time and etTorts to get a hold on this
problem. We were laughed at from the police officials and I personally was told by thc Chamber that I
could not pursue this without being in the Chamber. Needles to say after the defense played by these two
cityJcommunity entities, I than became frustrated with the bureaucracy and lack of support from these
offices.
As memory selVcs me, the research done at the time was gathered from Baytown and South Hous-
ton through the Police Department; they had just approached this same problem in their cities. Those cities
require that graffiti must be covered within 24 hours - not 10 days. For those of us who are proud of this
city - we have removed our graffiti within 24 hours, those that have left it up for months, will continue to
do so. They report that they have been hit time and time again and the expense is overwhelming. Those
people will weasel out of removing the graffiti due to your "unless they can prove financially they can not
afford itA. Please! Then what is the City's stand - others who can afford it will be fined, those who cannot
afford can leave their building graffitied?
As a business owner I am otTended that the city does not bear more responsibility in addressing the
problem - set up surveillance and catch the nproperty damaging" juveniles. I was told by a ULieutenant" (1
believe) that "they can spot an, undercover car for blocksu, but I believe there is a way the police can deter
this. I expect the Police Department to address this situation and take some responsibility off the business
owners. We alone can notcOn(IUertheproblem with these gang members, noris it oursole responsibility to
do 80. We ask for help from the La Porte Police Department
Sincerely,
d~~k,
~ ~eycutt-Cook
La Porte Hardware
Cou~
CITY OF LA PORTE
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October 20, 1997
TO:
Mayor and City Council
Knox Askins, City Attorney
FROM:
Robert T. Herrera, City Mana~~
Proposed Graffiti Ordinance - Workshop
SUBJECT:
Please be advised that the proposed ordinance contained within your agenda has two (2)
sections, which I find I cannot recommend. They are Section 6 and Section 7.
RTH:cjb
c John Joerns
Jeff Litchfield
Guy Rankin
~
~~
~
10/20/97
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10/20/97
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10/20/97
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-
Proposed Graffiti Ordinance
.::. :.....::..........:;:;::::..:.:.:.:.:::;:::::::;:;:::;:;:;:::::;:;:::;:;:::::;:;:::::::: T Eliminates Visual Blight
....... ...........................................-......................."
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:,:.:,:.:.:.;.:-;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:.:.:.:-;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:
~~~~~~~~I~~I~~~~~~~~~~~~~~~~~~~~~;I~]~~~~~~~~~~1~~~~~~~I~~Ij~~~~j~~j~~~~~~jffij~~~~j~~~1
Jftrfr\I1Jt~jtJ~)rffr1t~~tltfJt~~ T Increases Property Values
:.;-;.;.;.;.;-:.:.:-:.;.:.;.;.;.;.:.:.;.:.:.:.:.:.:.;.:.;.:.;.;.;.;.:.;.;.;.:.:.:.;.:.:.:.:.:.:.:.:.:.:.:
.;.:.;.:.:.:.;.;.:.:.:.:.:.:.;.;.;.;.;.:.:.:.:.;.:.:.:.:-:.:.:.:.:.;.:.;.;.;.:,;.;.:.:,:.:.:.:.:.;.:.:.:-
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....'..........................................-..................................,.....................
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.................................................... T Prevents Gang
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.,4 Recognition
T Stabilizes Neighborhoods
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T Promotes Local Business
ch La Porte T Supports Families
10/20/97
Section 1 ~ Definitions
- defacement affixed to any
of public or private property
i Implement - any device capable
jng any natural or man-made
or Occupant - record owner of lot
10/20/97 SECTION 1
10/20/97
T It is the duty of the
owner of the property
and any person who
may be in possession
of the property to keep
the property clear of
graffiti 0
ction 2
e=:J
T Existence of graffiti
specified as a public
o
nUlsanceo
Graffiti
.
IS
as a Nuisance
10/20/97
,
T 30 days - Corrected
T 1 0 days - Corrected
." Hearing = Corrected
." Corrected
Section 3
.....
Hearing
e
e
rcement Ordinance can be included
~mal course of business by the City's
Department under the direction of the
n Services (i.e. Code Enforcement)
10/20/97
of this
terior Storage)
Junk Vehicles)
eeds and Debris)
osed Ordinance parallels other City of La
including but not limited to:
The La Porte Way
at W e Accomplish
With a Graffiti Program ?
the Community
the Overall Image of the Community
) OF THE GRAFFITI
Partnerships
ic and Community Develo
10/20/97
Neighborhood Protection
nance is proposed to be enforced just as the other
rcement ordinances
lcern Neighborhood Protection Ordinances
f ordinance 1387 A
00 Fairmont Parkway,
Performed, Violation Confirmed
~ommunicates with Citizen
ducation Process
.
tlce
ommunicates with Citizen Graffiti Ordinances
lated
10/20/97
Sections 4 & 5
Removal of Graffiti
ratar Owner
Irs T Courtesy visit
~nt for T 30 days for program
11 T 1 0 days / appeal
requires T Payment for removal
n T Paint Bank Assistance
City of La Porte
10/20/97 · Last Step
Section 9
RIGHT OF CITY TO REMOVE
S JUNK VEHICLE ORDINANCE
S WEEDS AND DEBRIS ORDINANCE
S ZONING ORDINANCE
10/20/97
SUMMARY
ordinance:
cts property owners;
ides alternatives to our current graffiti
lems;
onds to community concerns;
ides punishment to those who deface
ic and private property; and
oves the overall image of the city 0
10/20/97
,.
.
It~;\
~ ~~'\- \
~~ ~~v
'""
.'
OIUlINANCE NO. ~l
e/
(
PAGE
SECTION 5. REMOVAL OF GRAFFITI BY PERPETRATOR
Any person applying graftiti on public or private property shall have the duty to remove
within seventy-two (72) hours after notice by the City. Such removal shall be done in a
manner prescribed by the City Manager or duly designated agents. Any person
applying graffiti shall be responsible for the removal or for the payment of the removal.
Failure of any person to remove graffiti or pay for the removal shall be punishable by:
I. Where graffiti is applied by an unemancipated minor, a juvenile court
shall:
(a)
Order the Department of Public Safety to suspend a child's
driver's license or permit, or if the child does not have a license
or permit, to deny the issuance of a license or permit to the child
if the court tinds that the child has engaged in conduct that
violates a law of this state in (State Law) Section 521.342(a),
Transportation Code; or the order under Subsection (a) shall
specify a period of suspension or denial that is until the child
reaches the age of 19 or fur a period of 365 days, whichever is
longer.
2.
Any person, as detined in Section 28.08, Texas Penal Code, who
shall violate any provision of the Ordinance, shall he punishable
by:
(a)
Class B misdemeanor IS the amount of pecul1lary loss IS less
than $500;
(h)
A Class A misdemeanor if the amount of pecuniary loss is $500
or more hut less than $1,500
(c)
A state jail felony if the amount of pecuniary loss is $1,500 or
more hut less than $20,000;
(d)
A felony of the third degree if the amount of pecuniary loss IS
$20,000 or more but less than $100,000;
(e)
A felony of the second degree if the amount or pecuniary loss is
$100,000 or more but less than $200,000; or
(I)
A felony of the tirst degree if the amount of pecuniary loss IS
$200,000 or more.
)
'"
.
.
OIUHNANCE NO. 97 (
(
PAGE
3. COn1R1ll1llitv Set"vice. In-lieu of, or as part of, the penalties specified in
this Section, a minor or adult who is convicted may be required to
perform community service as described by the court based on the
following minimum requirements:
(a) The minor or adult shall perform community service.
(b) At least' one pa'rent or guardian of. the' minor shall be in
attendance a minimulll of tifty percent (50%) of the period of
assigned community service. If the parent chooses not attend
cOlllmunity service the penalty prescribed by the court system
shall be doubled.
(c) The entire perio.c!" of commtlllity service shall be performed under
the supervision approved by the Court.