HomeMy WebLinkAbout1997-12-08 Regular Meeting of City Council
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MINUTES OF THE REGULAR MEETING
OF LA PORTE CITY COUNCIL
DECEMBER 8, 1997
I. CALL TO ORDER
The meeting was called to order by Mayor Norman L. Malone at 6:00 p.m.
Members of City Council Present: Mayor Norman L. Malone, Councilpersons
Guy Sutherland, Chuck Engelken, Howard Ebow, Bob McLaughlin, Alton
Porter, Deotis Gay, Jack Maxwell and Jerry Clarke.
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: City Manager
Robert T. Herrera, Assistant City Manager Jeff Litchfield, City Attorney Knox
Askins, Police Chief Bobby Powell, Director of Public Works Steve Gillett,
City Secretary Martha Gillett, Planning Director Guy Rankin, Director of
Administrative Services Louis Rigby, Fire Chief Joe Sease, City Engineer Doug
Kneupper, and City Manager's Secretary Carol Buttler.
Others Present: Dr. Bobby Worsham, Spero Pomonis, Jerry Dennis, Barry
Beasley, Peggy Warnock and a number of La Porte Citizens.
2. INVOCATION - DR. BOBBY WORSHAM - SECOND BAPTIST
CHURCH.
Dr. Bobby Worsham delivered the invocation.
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING
NOVEMBER 24, 1997.
Motion was made by COllncilperson McLallglin to approve the minutes of
November 24. 1997 as presented. Second by Councilperson Clark. The motion
carried, 8 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Gay,
Maxwell, Clarke, and Mayor Norman Malone.
Nays: None
COllncilperson Porter was not present when the vote was taken.
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND
CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL
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City Council Meeting Minutes December 8. 1997
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There were no citizens wishing to address Council.
5. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE
CITY OF LA PORTE AND, D.E. A VIA TION, INC. (Ord. 97-2205) S.
Gillett
Mayor Malone stated item number five would be taken to Executive Session.
6. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND ENVIRO REMEDIATION
COATINGS SERVICES, INC. FOR A CONSTRUCTION OF A STEEL
CASING AND 8" WATER LINE CROSSING SH 146 AT MADISON
A VENUE; APPROPRIATING $30,421.83 PLUS A CONTINGENCY OF
$1,521.00, TO FUND SAID CONTRACT - (Ord. 97-2206) G. Rankin
City Engineer Doug Kneupper presented summary and recommendation
requesting City Council approve Ord. 97-2206. This Ordinance would
authorize the City of La Porte to enter into a contract with Enviro Remediation
Coatings Services, Inc. for construction of a steel casing and 8" water line
crossing SH 146 at Madison Avenue; appropriating $30,421.83 plus a
contingency of $'1,521.00.
City Council had no questions for Mr. Kneupper.
City Attorney Knox Askins read: ORDINANCE 97-2206 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND ENVIRO REMEDIATION COATINGS SERVICES,
INC. FOR CONSTRUCTION OF A STEEL CASING AND 8" WATER LINE
CROSSING SH 146 AT MADISON A VENUE; APPROPRIATING $30,421.83
PLUS A CONTINGENCY OF $1,521.00 TO FUND SAID CONTRACT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by COllncilperson Gay for Ordinance 97-2206 to be approved
as read by the City Attorney. Second by Councilperson Engelken. The motion
carried, 9 ayes, 0 nays.
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City Council Meeting Minutes December 8, 1997
Page 3
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clark and Malone.
Nays: None.
7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE ESTABLISHING SPEED LIMITS DURING
CONSTRUCTION ALONG A PORTION OF SH 146 WITHIN THE
CORPORA TE LrMITS OF THE CITY OF LA PORTE AND PROVIDING
A PENALTY FOR THE VIOLATION THEREOF (Ord. 97-2207) S. Gillett
Public Works Director Steve Gillett presented summary and recommendation to
Council. Mr. Gillett advised Council that the Texas Department of
Transportation (TexDOT) has requested the City of La Porte to approve an
ordinance establishing construction speed zones along SHI46 and SH 225. The
proposed speed limits would be effective during construction. Mr. Gillett
further advised the speed limits will automatically cancel upon completion of the
project.
Mr. Gillett answered Council questions.
City Attorney read: ORDINANCE 97-2207 - AN ORDINANCE
ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ALONG A
PORTION OF SH 146 WITHIN THE CORPORATE LIMITS OF THE CITY
OF LA PORTE AND PROVIDING A PENALTY FOR THE VIOLATION
THEREOF
Motion was made by Councilperson Sutherland to approve Ordinance 97-2207
as read by Cit.y Attorney. Second by COllncilperson Gay. The motion carried,
9 ayes, 0 nays.
Ayes: Coullcilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clark and Malone.
Nays: None
8. CONSlDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE WHEREBY THE CITY OF LA PORTE AND
SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO
AM-END ORDINANCE NO. 1834, TO PROVIDE FOR AN EXTENDED
TERM THEREOF; PROVIDING TERMINATION AND OTHER
PROVISIONS AS A RESULT OF AMENDMENTS TO THE PUBLIC
UTILITY REGULATORY ACT OF 1995; CONTAINING FINDINGS AND
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City Council Meeting Minutes Decemher 8, 1997
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OTHER PROVISIONS RELATING TO THE AGREEMENT (Ord. 97-
2208) - K. Askins
City Attorney Knox Askins presented summary and recommendation to City
Council and requested Council to consider approving Ordinance 97-2208.
Mr. Askins advised Council that during the last session of the Texas Legislature
S.B. 1937 was passed. This bill establishes an Interim Legislative Committee to
study a number of issues involving the use of public rights-of-way in
municipalities by telecommunications utilities. Due to the fact that the study
committee may recommend legislation to the 1999 Session of Legislature, which
could substantially alter the manner in which cities are allowed to contract with
telecommunication providers, staff recommends this Ordinance be passed. This
will extend the current agreement, and allow the City and Southwestern Bell to
incorporate any legislative changes into a subsequent renewal agreement. If
approved, this Ordinance will extend the Sout.hwestern Bell Telephone Company
Franchise Agreement through September 30, 1998, and shall automatically
renew for successive periods of one year not to exceed beyond September 20,
2002.
Mr. Askins addressed Council questions.
City Attorney Knox Askins read: ORDINANCE 97-2208 - AN ORDINANCE
WHEREBY THE CITY OF LA PORTE, TEXAS, AND SOUTHWESTERN
BELL TELEPHONE COMPANY AGREE TO AMEND ORDINANCE NO.
1834, TO PROVIDE FOR AN EXTENDED TERM THEREOF; PROVIDING
TERMINATION AND OTHER PROVISIONS AS A RESULT OF
AMENDMENTS TO THE PUBLIC UTILITY REGULATORY ACT OF 1995;
CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE
AGREEMENT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Clarke to approve Ordinance 97-2208 as
read by the City Attorney. Second by Councilperson Gay. The motion carried,
9 ayes, 0 nays.
Ayes: COllncilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clark and Malone.
Nays: None
9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL
AGREEMENT FOR .JOINT ELECTIONS, AMONG THE CITY OF
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City Council Meeting Minutes Decemher 8, 1997
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LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT AND SAN
JACINTO COLLEGE DISTRICT (Ord. 97-2209) - K. Askins
Knox Askins presented summary and recommendation to City Council. Mr.
Askins advised Council the La Porte Independent School District requested the
City of La Porte consider conducting a joint election on the first Saturday of
May of the open City Council positions and board of trustee positions. Staff has
worked with the school district to determine the responsibilities of each entity.
Staff recommends City Council authorize the City Manager to execute an
agreement between the City of La Porte, La Porte Independent School District
and San Jacinto College District to conduct joint elections.
In addition, Mr. Askins answered Council questions.
City Attorney Knox Askins read: AN ORDINANCE APPROVING AND
AUTHORIZING AN INTERLOCAL AGREEMENT FOR JOINT
ELECTIONS, AMONG THE CITY OF LA PORTE, LA PORTE
INDEPENDENT SCHOOL DISTRICT, AND SAN JACINTO COLLEGE
DISTRICT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Gay to approve the Ordinance as read by
City Attorney. Second by Councilperson Engelken. The motion carried, 9
ayes, 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clarke and Mayor Malone.
Nays: None
10. CONSIDER A WARDING FIRE DEPARTMENT VEHICLE BID TO
PHILPOTT FORD - J. Sease
Fire Chief Joe Sease presented summary and recommendation requesting .:
City Council to approve the award the bid to the low bidder, Philpott Ford in
the amount of $26,797.00.
Mr. Sease addressed Council questions.
Motion was made by Councilperson Ebow to approve awarding the bid to
Philpott Ford. Second by Councilperson McLaughlin. The motion carried, 9
ayes, 0 nays.
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City Council Meeting Minute!; Decemher 8. 1997
Page 6
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clark and Mayor Malone.
Nays: None
)). ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera advised City Council there will be a ribbon
cutting tor the new Taco Bell to be held on December 9, 1997 at 9:45 a.m.
Secondly, Mr. Herrera reminded Council the annual Malone and Herrera
Christmas party will be held on December 19, 1997..
Lastly, Mr. Herrera informed Council there will be a meeting tomorrow with
the Coca Cola representatives from the Atlanta and Houston office. The
meeting is being held to discuss the donation of property on Broadway to the
City of La Porte.
12. COUNCIL ACTION
Councilpersons Engelken, Ebow, Mclaughlin, Porter and Gay, brought items to
Council's attention.
13. 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, OELIBERATION 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. Sect.ion 551.072 - (LEASE)
MEET WITH CITY ATTORNEY AND AIRPORT MANAGER TO
DISCUSS A LEASE AGREEMENT BETWEEN THE CITY OF LA
PORTE AND D.E. AVIATION, INC.
Council retired into executive session at 6:47 p.m. under Section 551.072
(LEASE), meet with City Attorney and Airport Manager to discuss a lease
agreement between the City of La Porte and D.E. Aviation, Inc. Council
returned to the table at 7:32 p. m. with no action taken.
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City Council Meeting MinuttlS Decemhtlr 8, 1997
Page 7
14. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION.
Motion was made by Councilperson Ebow to table item nllmber tive. Second
by Councilperson Maxwell. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clark and Mayor Malone.
Nays: None
15. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting
was duly adjourned at 7:35 p.m.
Respectfully submitted,
Lf'r1 mlttL a. Jtdiu
Martha A. Gillett
City Secretary
p~~/ and approved on this 22m'
4~~~
day of December, 1997
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REQUEST FOR CTIY COUNCIL AGENDA ITEM
I B II I I ' I
Ageada Date Requested: m;997
Requested By: S. Gill~ epa . t: Public Works
_ Report _ Resolution XXX Ordinance
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Exhibits: Ordinance No.97-
Agreement and Lease for Fixed Base Operations
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_ SUMMARY & RECOMMENDATION
The City of La Porte leases 'three (3) acres to D.E. Aviation, Inc. at the La Porte Municipal Airport. The lease
expired on December 31,1996. The City has negotiated a new lease with D.E. Aviation, decreasing the lease area
to two (2) acres, effective January 1, 1997, and adding twenty-four (24) tie-downs, effective January 1, 1998. The
proposed lease is for a period of twenty years, with two (2) five-year options.
The proposed rental rate is $871.20 per acre per year, indexed from a base year of 1984. The proposed lease
rental rate is 52,674.58 for the 1997 year, with the rental rate for 1998 at 52,763.44. The twenty-four tie-downs
are leased at a rate of 30% of gross revenues from their rental or 512.00 per month per tie-down, whichever is
greater, for an annual rental rate of 5144 per tie-down, or SJ,456.oo.
D. E. Aviation has tendered! $500.00 for renewal fees, and $2,674.58 for rental fees for 1997. Rental for 1998 and
subsequent years will be billed monthly, with future year rentals adjusted to the Consumer Price Index for All
Urban Consumers. .
Action Required by Council: Approve Ordinance No. 97-
Agreement between the City of La Porte and D.E. Aviation.
approving the Agreement and Lease
Availability of Funds:
General Fund___ Water/Wastewater
_ Capital Improvement_ General Revenue Sharing
Other
Account Number: . N/A
Funds Available: YES NO
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(C(Q)[PV
ORDINANCE NO. 97-
. AN ORDINANCE APPROVING AND AUTHORIZING A LEASE FOR FIXED BASE
OPERATIONS FOR CITY OF LA PORTE MUNICIPAL AIRPORT BETWEEN THE CITY
OF LA PORTE, LESSOR, AND D.E. AVIATION, INC., LESSEE; HAltING
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
then' contract, . agreement, or other undertaking described in the
title of this'ordinance, in substantially the form as shown in the
document whtch is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, 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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ORDrNANCE NO. 97-
PAGE 2
PASSED AND APPROVED, this 8th day of December, 1997.
CITY OF LA PORTE
By:
kp4~~
/NPrmari L. Mar6ne
Mayor
ATTEST:
~a .a . I J4Jl.f&.,
a ha A. Gillett
City Secretary
AP~:
U~tJ ~~
Knox W. Askins
city Attorney
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AGREEHENT AND LEASE
FOR FIXED BASE OPERATIONS
AT CITY OF LA PORTE MDNICIPAL AIRPORT
THIS AGREEMENT AND LEASE, made and entered into this 1st day
of January, 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 D. E. Aviation, Inc.,
a Texas business corporation, acting herein by and through its duly
authorized officers, hereinafter referred to as "Lessee."
WIT N E SSE T B:
. WHEREAS, the Lessor controls and operates an airport known as
La Porte Muni~ipal Airport, located in the City of La Porte, State
of Texa~, 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:
ARTICLE I - TERM OF AGREEMENT
The term of this Agreement and Lease shall be for the period
commencing January 1, 1997, and terminating December 31, 2017,
unless sooner terminated as hereinafter provided. The Lessee
reserves the option to renew this lease for two consecutive five
year terms provided written notice is provided the Lessor' within
thirty days of lease termination.
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
unto 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:
Property at La Porte Municipal Airport, consisting of
2.000 acres, more or less, identified as "Fixed Base
Operator Area" on Exhibit "A" attached hereto and made a
part of this Agreement; and twenty four (24) tie-downs
which will become available January 1, 1998, identified
as "Tie-Down Area", on Exhibit "B" attached hereto and
made a part of this agreement.
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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 in
order to maintain such property, identified in Exhibit "A", in a
usable, condition.
3 . Lessee shall make available to the public for rental purposes,
the T-Hangars and 24 tie-down facilities leased to Lessee herein.
In its rental 9f such T-Hangars and tie-down facilities, the Lessee
shall p~ovide 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 area, as reasonably necessary for the use by
the public of airport facilities at La Porte Municipal Airport.
Lessor agrees to abide by the tenns as set forth in Standard Minimum
Requirements for Airport Aeronautical Services,
Exhibit "C".
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-of-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. Lessor agrees that in the event the Lessee desires to amend
this lease through the acquisition of additional property that the
fees as noted in Section 3 of the Standard Minimum Requirements for
Airport Aeronautical Services, La Porte Municipal Airport (October
23, 1995) will be waived, provided Lessee pays for any survey
required.
ARTICLE III - RENTALS AND CHARGES
1. For the Leased Premises, as described in Article II, Exhibit
"A", the basic ground rental calculated for an index value of 100.0
is Eight Hundred Seventy-one and 20/100 Dollars ($871.20) per acre
per year.
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The actual rentals for the Leased Premises, Exhibit "A", to be paid
to the Lessor by the Lessee, shall be determined by multiplying said
.basic rentals specified under paragraph 1 above by the index value
determined for successive calendar years in the manner herein set
forth.
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
pre~eding the year for which the calculation is made.
The index for the lease year 1997 is based on the
December 1995 of 153.5, resulting in an annual rental
rate of One Thousand Three Hundred Thirty-seven 29/100
Dollars ($1,337.29) per acre for the lease year beginning
January 1, 1996. This rate results in a total 1997 lease
year ground rental for the Leased Premises of Two
Thousand Six Hundred Seventy-four and 58/100 Dollars
($2,674.58).
The index for lease year 1998 is based on the December
1996 index of 158.6, resulting in,an annual rental rate
of One Thousand Three Hundred Eighty-one 72/100 Dollars
($1,381.7,2) per acre for the lease year beginning January
1, 1996. This rate results in a'total 1998 lease year
ground renta~ for the Leased Premises of Two Thousand
Seven Hundred Sixty-three and 44/100 Dollars ($2,763.44) .
B. The actual rental rate shall be determined prior to
January 1st of each lease year and shall be effective for
that lease year.
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 computed, or if the
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.
1. a Effective January 1, 1998, for the 24 Tie-Down Areas described
on Exhibit "B" attached hereto, the following rental:
A. Lessee shall pay to Lessor, as additional rent, a sum
equal to thirty percent (30%) of the gross revenues
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 24 tie-downs
leased;
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B. Rental for the 24 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.
Cost of living indexing shall not apply to the rental and charges
for the tie-down areas.
1.b In the event that Lessor and Lessee reach agreement in the
future, for possible future construction by Lessee in the designated
use ar~a for T-Hangars, such additional lease shall be subject to
all of the terms and provisions of this lease, with a rental rate
of $0.14 per square foot, based on the CPI-U in effect on July 1,
1995, based on the Consumer Price Index for All Urban Consumers
(19~_2-84 = 100).
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 "Designated Use Area" on Exhibit "A". 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 Lessor and
shall be hardsurfaced rather than grass areas.
3 . The rental above provided for 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.
4. 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%).
S. 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.
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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 public, and such other activities as may be
pertinent to such use. This definition specifically includes all
terms as set forth in Minimum Standards for Equipping & Operating
A General Fixed Base Operation at the La Porte Municipal Airport,
made a part hereof by reference and attached as Exhibit "C".
2 . During the term of this Agreement and Lease, the Lessee agrees
to ~se 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 than those
specifically 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, the United States of America or by any
department or agency thereof, the State of Texas and the City of La
Porte.
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 tqose which have prior written approval of the Lessor.
Flashing, rotating, animated or intermittent illuminated type signs
are prohibited.
7. Lessee shall utilize on the Airport, only service contractors
authorized to operate at the Airport, including, but not limited to
vendors of aircraft, aircraft parts, service and fuel, car rental
service, taxicab service, vending machine service and the like; it
being understood that fees may be imposed or collected by the Lessor
from such contractors for the privilege of operating at the Airport.
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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
activit~es 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.
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
wi th the right to cause in said airspace suc~ noise as may be
inherent in the operation of aircraft, now known or hereafter
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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 writte~ consent of t1l.e Lessor before
commencement of said construction. All facilities, improvements,
or appurtenances proposed for construction shall comply with all
existing applicable codes, ordinances, laws and regulations relating
thereto. '
2. Lessee agrees that T-Hangars constructed within the designated
"T-Hanga,r Development Area" will be built in structures containing
no fewer than ten (10) units each.
3 . The Lessee agrees that no obstruction to air navigation as such
are now defined by application of the criteria of Part 77 of the
Federal Aviation Regulations of the Federal Aviation Administration
will be constructed or permitted to remain on the Leased Premises
absent a waiver. Any unreasonable 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 plantings
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, obj ects, 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 reasonably keep and
reasonably maintain in good repair, all structures, pavements,
utilities and all other improvements and appurtenances within and
upon the Leased Premises in Exhibit" A". Lessee further agrees that
Lessor shall have no duplicate maintenance responsibilities that are
the Lessor's with respect to the Leased Premises in Exhibit "A".
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
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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.
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 6
any portion of the Leased Premises, improvements or
appurtenances thereto, in which event the Lessee agrees
to reimburse the Lessor for reasonable costs thereof
pr~t~y 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
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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.
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 cau~e of action of any kind or nature for personal injury
or deat~, or property damage in any way arising out of or resulting
from any activity 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 negligence or willful
misconduct of the Lessor, its agents or employ~es. 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
Property Damage
Five Hundred Thousand Dollars
($500,000) each accident
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
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Dollars ($100,000) each person.
COMPREHENSIVE PUBLIC LIABILITY
AND COMPREHENSIVE PROPERTY DAMAGE
Bodily Injury
One Hundred Thousand Dollars
($100,000) each person
One Million Dollars
($1,000,000) each accident
Property Damage
Five Hundred Thousand Dollars
($SOO,OOO) each accident
Or alternatively a single l.imit legal liability policy (public
liability and.property damage) of not less than One Million Dollars
($l,OOO,OOO) which may include a limit of One Hundred Thousand
Dollars . ($100,QOO) each person.
3. A certified copy 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 may 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 involying in any way the immunity of the
City of La Porte, its members, officer,. agents, or employees, the
governmental nature of the Lessor, or the provisions of any statutes
respecting suits against the City.
4. The Lessee, if applicable, 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 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 OF 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.
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B. The issuance by any court of competent jurisdiction of any
inj unction preventing or restraining the use of the
Airport 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 sixty
(60) 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 t;.he failure of
the Lessor to remedy such breach for a period of sixty
(60) 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 the conduct
of a fixed base operation.
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.
],3.
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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
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 subsection 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 ~ease 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, uses, privileges and obligations authorized
herein are personal and the Lessee agrees that it will not assign,
subcontract, sublet, or underlet the same or ~ny 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 herein 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.
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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.
ARTICLE XI - HOLDING OVER
1. In the event the Lessee shall hold over and remain in
possession qf 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
thenLessor
ARTICLE XII - SUCCESSOR AND ASSIGNS BOUND BY COVENANTS
1. All covenants, stipulations and agreements in this Agreement and
Lease shall extend to and bind the legal representatives,
successors, and assigns 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 D. E .
Aviation, Inc., 101 Airport Blvd., 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 prov~s~on 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
either the Lessor or the Lessee in its respective rights and
obligations contained in the valid covenants, conditions, or
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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 the Lessee subject to Lessee
agreeing to:
A. Furnish said services on a fair, equal and not unjustly
d~scriminatory 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
nonQiscriminatory 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 - ENVIRONMENTAL
1. "Environmental Laws" means all federal, state, and local
environmental, land use, zoning, health, chemical use, safety and
sanitation laws, statutes, ordinances and codes relating to the
protection of the environment and/or governing the use, storage,
treatment, generation, transportation, processing, handling,
production or disposal of Hazardous Substances. "Hazardous
Substances" means, without limitation, radon, radioactive materials,
asbestos, urea formaldehyde form insulations, polychlorinated
biphenyls, benzene, hazardous materials, flammable explosives,
hazardous or toxic wastes, hazardous or toxic substances or related
materials including all such wastes, materials and substances as
such terms are defined in the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended [42 U.S.C. Sec.
14
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9601 et. seq.], the Resource Conservation and Recovery Act, as
amended [42 U.S.C. Sec. 6901 et. seq.] or any other applicable
environmental laws and the regulations adopted pursuant thereto and
other Environmental Laws governing waste substances, and the rules,
. regulations, policies, guidelines, interpretations, decisions,
orders, and directives of any governmental authority with respect
thereto. "Polluting Substances" means, without limitation, fuels,
crude oil, chemicals, or any other liquid or solid material which
if spilled or disposed of on real estate will pollute such real
estate.
2. Lessee .covenants and agrees, in its use of the leased premises,
that it shall comply with all Environmental Laws. Lessee covenants
and agrees, in its use and occupancy of the leased premises, that
(a) no release of a hazardous substance or polluting substance shall
occur o~ the l~ased premises that would constitute a violation of
any Environmental Law; (b) any underground storage tanks placed on
the leased premises shall be used in conformity with all
Environmental Laws, and all necessary permits shall be obtained
therefore; (c) there shall not be any Hazardous Substances or
Polluting Substances in or contaminating any of the land, buildings,
structures, or other improvements constituting a part of the Leased
Premises that would constitute a violation of any Environmental
Laws; and (d) there have not been nor are there any Hazardous
Substances in concentrations that exceed amounts permitted by
Environmental Laws on or in any of the land, buildings, structures,
or other improvements on the Leased Premises.
ARTICLE XVII - FAVORED NATIONS CLAUSE
1. Lessor covenants and agrees not to hereafter enter into any
lease, contract, or agreement, 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 which 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 XVIII - PRIOR LEASE
1. This Agreement of Lease supersedes that certain Airport Lease
Agreement between the City of La Porte, Lessor, and Robert A.
Gregory and James M. Williams, Lessee, dated January 1, 1977, and
expiring on the 31st day of December, 1996, which Agreement of Lease
was assigned to D.E. Aviation, a General Partnership consisting of
E. Harvey and Deborah Rihn, on the 5th day of August, 1981.
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ARTICLE XIX - ADDITIONAL RESPONSIBILITIES OF THE LESSOR
1. It is acknowledged and understood that the lessor will be bound
by all the terms and conditions outlined in the Standard Minimum
Requirements for Airport Aeronautical Services, Exhibit "e", for the
duration of the lease.
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IN WITNESS WHEREOF, the parties have caused these presents to
be signed by their duly authorized representatives.
Lessor:
CITY OF LA PORTE
By:Jh~~
Norman Mal , ayor
ATI'EST:
Martha A. Gillett
City Secretary
1/
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Knox W. Askins
City Attorney
APP)Wv,ED :
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Lessee:
ATI'EST:
D~ q_,\~,U~
Secretary
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Lease Tract For
o E Aviation
La Porte Munrci~al Airport
Being
2.000 Acres out of the W.M. Jones
Survey A482. La Porte, Texas
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Southeast carner of
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SPENCER HIGHWAY
CIVIL CONCEPTS INC.
. 4117 V i'stci Rood
Pasadena, "Texas 77504
Phone: (713) 947-6606
September 3. 1997
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LEGAL DE~~RIPT,ION
DE AVIATION
2.000 ACRE LEASE TRACT
A tract ofland containing 2.000 acres (87,120 Sq. Ft.) Being out of the W.M. Jones Survey
Abstract Number 482, and also situated within the confines of the La Porte Municipal Airport
and being more particularly described by metes and bounds as follows:
Commencing at the Southeast comer of the La Porte Municipal Airport property, said point also
lying in the.north right-of-way line of Spencer Highway;
Then~e North 89 deg:.33 min. 00 sec. West with the north right-of-way line of said Spencer
Highway, also being'.the south line of the said La Porte Municipal Airport, for a distance of
100.00 feet to a point f~r comer;
Thence North along a line parallel to and 100.09 feet west of the east. line of said La Porte
~unicipal Airport for a distance of 426.19 feet to a found 5/8 inch iron rod marking the Place of
Beginning of the herein described 2.000 acre tract;
Thence North 52 deg. 20 min. 30 sec. West for a distance of 479.64 feet to a point for comer;
. .
Thence North 37 deg. 39 min. 30 sec. East for a distance of22,O.89 feet to a point for comer;
Thence South 52 deg. 20 min. 30 sec. East for a distance of 309.17 feet to a point for comer
being 100.00 feet west of the said east line of La Porte Municipal Airport;
Thence South along a line parallel to and 100.00 feet west of the east line of said La :porte
~unicipal Airport for a ~stance of279.02 feet to the Place of Beginning.
:c?~LJ ~ /
-Richard W. Cansler RPLS
~~.
Civil Concepts Inc.
4117 Vista Road .
Pasadena, Texas 77504
September 3, 1997
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EXHIBIT
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EXHIBIT C
(Exhibit C not preprinted)
STANDARD MINIMUM REQUJRa.1ENTS
FOR
AIRPORT AERONAUTICAL SERVICES
LAPORTE MUNICIPAL AIRPORT
OCTOBER 23, 1995
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.- .. . - . _.
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REQlUlT FOR CITY COUNCIL AG.DA ITEM
Agenda Date Requested: December 8,1997
Requested By: Guy R~kin ~
Department: Planning
Report
Resolution
x
Ordinance
Exhibits:
Ordinance, Bid Tabulation, Bidder's List, Area Map
Summary & Recommendation
As part of the FY 97-98 Budget for Capital Improvement Projects, City Council approved
$37,000 for the installation of a steel casing and 8" water line that will cross SH 146 at
Madison Avenue. This project will replace an existing but uncased water line that crosses SH
146 at the same location. The steel casing is a requirement of TxDOT. Design and
engineering were performed on this project utilizing City staff. On November 20, 1997, the
City received competitive bids from two qualified utility contractors (see attached Bid
Tabulation). The low bid was submitted by Enviro Remediation Coatings Services, Inc. of
Katy in the amount of $30,421.83.
Staff has reviewed the bids submitted and determined the low bid from Enviro Remediation is
within the budgeted amount and after checking references and work history, Enviro
Remediation and their primary subcontractor, Calco Contracting, are qualified to perform
this work. Staff recommends that the City Council authorize the City Manager to execute a
contract with Enviro Remediation Coatings Services, Inc. in the amount of $30,421.83 for
construction of the casing and 8" water line. In addition, it is recommended that $1,521.00
(5%) be set aside as contingency for a total of $31,942.83 for the project.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with
Enviro Remediation Coatings Services, Inc. in the amount of $30,421.83 for construction of
the casing and water line and further authorizing $1,521.00 to be set aside for contingency.
Availability of Funds:
General Fund
X Capital Improvement
Other
Water /W astewater
General Revenue Sharing
Account Number: 003-9890-762-1100
Funds Available: ---X... Yes
No
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(C(g[PY
ORDINANCE NO. 97- 2.2Q6
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETw.a;EN THE CITY OF LA PORTE AND ENVIRO REMEDIATION
COATINGS SERVICES, INC. FOR CONSTRUCTION OF A STEEL
CASING AND 8" WATER LINE CROSSING SH 146 AT MADISON
AVENUE; APPROPRIATING $30,421.83 PLUS A CONTINGENCY OF
$1,521.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDIKGS
AND PROVItSIONS 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:
Sectioa 1. The City Council hereby approves and authorizes .the
contract, agreement, or other undertaldng described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The City
Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to afflX the seal of the City
to all such documents. City Council appropriates the sum of $30,421.83
plus a contingency of $1,521.00 from Capital Improvement Fund 003 to
fund said contract.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
-
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(C(Q)rPV
ORDINANCE NO. 97- 2206
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confrrms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 8th day of December 1997.
By:
F LA PORTE
ATIEST: ~
~~ ,~.tfilit
ha Gillett
City Secretary ,,'
~ /'
~~D:.-7 /' /r
(2a.4k, Ced~
Knox W. Askins,
City Attorney
a-INCH WATER LINE MADISON AVE. & SH 146
UNIT PRICE TABULATION
AVERAGE
UNIT PRICE
R.L.
UTILITIES
ENVIRO
REMEDIATION
UNIT OF
MEASURE
DESCRIPTION
e
.$ ... ..., '3: 93().OO ..
. $.'.".'" "'3().46"
'$".........-35~9j'.
-$-"...."'3i23~iS1'.
'$""""1:1'65~03"
.$.....".1:3ia2~!52..
. $ ......, '2:04().1-2"
'$.......---7'3().of.
$ 1".=;0""
............'4500
......... ,.., 37:5'
"""."""":43
............' .i'so
........ --.., Hioo'
-..................
2500
..... ..... "'25"00'
..............-....
1200
..................
1
3360
23.41
28.93
297:2'1
530:06
265.03
1580:2-3
260.01
2.4
LS
LF,
LF
EACH
EACH
EACH
EACH
LS
LS
'MOBILiiAfION
...............................................
8" WATER LINE OPEN CUT CASED
.14ii~f~~L.(5~.~i~c;.'.."'.,."-,.,.....,.
'a" -45" Ciag FiffiNG~.'''''''''''''. --...,--
.a".~~fc;()~tJ~c:;ric;tJEi....,.,....."---
'R'~MOV~ -a. SALVAGE' HYDR'A~T"'" ~
'~.i~W 'FiRE' HYDRA~T 'AssEMs"L y.....
'PLUG '~Xi~TiNG 'S'; "VilA fER. L.itJ~...,..
';rR~Nct=i sAF~;=Y..' ..... .".' .", .-...,.
.....--.....
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40,100.92
$
49,780.00
$
83
30,421
$
GRAND TOTAL BID PRICE
(f))
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t(Q)fPY
8 Inch Water Line Madison Ave. & SH 146
CLP #97-6101
Advertisement in Bayshore Sun: November 2 & 9, 1997
Notification List
Chamber of Commerce
PO Box 996
La Porte, TX 77572-0996
Hubco
11714 Charles St.
Houston, TX 77041
Moore & Moore General Contractors
PO Box 1517
La Porte, TX 77572-1517
Pas-key Construction
2129 Preston
Pasadena, TX 77502
R. L. Utilities
PO Box 1154
La Porte, TX 77572-1154
FORCE Corporation
PO Box 1079
La Porte, TX 77571
Follis Construction
111 N. Broadway
La Porte, TX 77571
Wehba Backhoe Service
9915 N. lip" St.
La Porte, TX 77571
Angel Brothers, Inc.
PO Box 570
Baytown, TX 77522
David Wight Construction
4300 Mandale
Alvin, TX 77511
Kenneth Lamb Construction
8214 Northline Drive
Houston, TX 77037
Sexton Fabricating & Welding
10807 Elizabeth
La Porte, TX 77571
Plan holder List
R. L. Utilities
PO Box 1154
La Porte, TX 77572-1154
Wehba Backhoe Service
9915 N. Up" St.
La Porte, TX 77571
Follis Construction
111 N. Broadway
La Porte, TX 77571
CDC Construction Design
13405 SW Fwy. Ste. 203
Sugar Land, TX 77478
Abyss Construction
2123 FM 1960 W#232
Houston, TX 77090
Enviro Remediation
19951 Sand Creek Court
Katy, TX 77449
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(C(Q)[P)V -:
I 1 ~ I _I I
PROJECT ILOCAnON
N.T.S.
~
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BARBOUR 5 cur BlIID.
MORGAN'S
POINT
GALVESTON
BAY
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LOCATION MAP
Not to Sca.le
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REOUE'FOR CITY COUNClL AGENDA ,.&
I ' I ~ I _ _ I I." i I~ "I .. 1_,... _'" . u' _ _ L ,I .~' ~ '- _ _ ~. _
Agenda >>ateReqnested: Dece~
Requested By: S. Gille~ Department: Public Works
_ Report _ Resolution XXX Ordinance
Exhibits:
Ordinance No. 97-2207
Request for Construction Speed Zone- TexDOT
II , I I" ..' ..."' _ I, I .1: I ~ ~: "
SUMMARY & RECOMM'ENDATION
The Texas Department of TI'anspOI"tation (TexDOT) has requested the City of La Porte to approve an
ordinance establishing construction speed zones ~)Iong SA 146 and SA 225. The proposed speed limits
would be effective during construction.
The Speed limits will automat:ically cancel upon completion of the project. Necessary sigmlge will be
furnished, installed and maintained hy TexnOT.
Action Required by Council: Approve Ordimmce No. 97-2207 esblblishing construction speed zones along
SH 146 and SO 225.
l.,~ ,: ',,-~ "'" ,~,,..~, ~..." ~ I~""""~ 'W".... ~ 14 "l"-l"'/l.... ~--'_ ',I.... q ~'-~'o-.""'.,.....,,...j~ ~~,...., '1" "; ,_ c;..o<;.~ ."
Availability of Funds:
General Fund W~Iter^,,~)stew~)ter
_ Capibtllmprovement_ Gener~tI Revenue Sh~lring
Other
Account Number: N/A Funds Avaibahle: YES NO
. . .
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(C~[P'V
97-2207
CONSTRUCTION SPEED ZONE ORDINANCE
AN ORDINANCE ESTABLISHING SPEED LIMITS DURING
CONSTRUCTION ALONG A PORTION OF SH 146 WITInN THE
CORPORATE LIMITS OF THE CITY OF LA PORTE AND PROVIDING
A PENALTY FOR THE VIOLATION THEREOF.
WHEREAS, the Texas Department of Transportation has made it known to the City of
La Porte that operations will begin in the near future to upgrade SH 146; and
WHEREAS, in the interest of safety, it is desirable to maintain a construction speed zone
during the construction period; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF LA PORTE that a
construction speed zone be established along the named highways or parts thereof described as
follows:
Along SH 146 from approximately 2,640 feet north of the SH 146 and SH 225
interchange to 1,600 feet south of West Main, a distance of approximately 2.389 miles, 45 MPH.
At the intersection of SH 146 and SH 225 within the Detour connecting these two
roadways, a distance of approximately 1,500 feet, 35 :MPH.
Along SH 225 from the west city limit of La Porte to the beginning of the Detour at the
interchange ofSH 146 and SH 225, a distance of approximately 0.416 miles, 45 MPH.
Necessary signs for posting the speed zones will be furnished, installed, and maintained by
the direction of the Texas Department of Transportation engineer in charge of the project.
Any person violating the provisions of this ordinance shall, upon conviction, be fined in
any sum not to exceed Two Hundred Dollars ($200).
This ordinance shall be in effect only during the period of construction, and completion of
this project shall automatically cancel the speed zones.
Ci-rl,
PASSED AND APPROVED TInS 1) \
dayof~, 1911,
ATTEST:
APPROVED:
V-C~ tLltl,\(L .,~1 &1tL .
City Secretary
ff~~w11~Au
Ma~r . ':/. , L
* · · CC(Q)!PY
Texas Department of Transportation
I
Construction Speed Zone
Harris County
SH 146 & SH 225 in La Porte
CSJ:0389-12-064
P.O. BOX 1386. HOUSTON, TEXAS n251-1386. (713) 802-5000
November 21, l-P9~- --=.,. , ,",,- .::" ~r:-:~.
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ACT: SGW-TE
The Honorable Norman L. Malone
Mayor, City of La Porte
P.O. Box 1115
LaPorte, Texas 77572-1115
Dear Mayor Malone::
We are currently preparing a project which will rehabilitate a portion of SH 146 and SH
225 in Harris County.
In the interest of safety, it is desirable to establish a reduced speed zone for posting along
SH 146 and SH 225 within the corporate limits of the City of La Porte during
construction operation.s. Please establish the recommended zones by council action at
your next regular meetIng.
Attached is a copy of a sample ordinance containing the recommended zones. This draft
is so written that the ordinance is automatically canceled upon completion of the project.
If you concur, please return a copy of your ordInance for our files and further handling.
If you should have any questions, please contact me at (713) 802-5831 or
Mr. Chris R. Graham at (713) 802-5830.
Sincerely,
. J / t
-' 1/1.~rl.J ~/--I/
William P. E~;Jf,"~
District Traffic Engineer
Houston District
CG
Attachment
cc: Mr. Chris R. Graham
An Equal Opportunity Employer
tit e
REOUI- FOR C1TY COUNClL AGENOA 11M
:, ' I II" I ,
Agenda Date Requested: December 8, 1997
Requested By: K. Askins Dep~lrtment:
_ Report _ Resolution
X OrdilUHlce
Exhibits: Ordinance
\ I I ilL I I I
SUM'MARY & RECOMM-ENDA TION
,
During the last session of the Texas Legislature S.B. 1937 was passed. The bill establishes an Interim Legislative
Committee to study a number of issues involving tht: use of public rights-of-way in municipalities by
telecommunications utilities. Due to the fact that the study committee may recommend legislation to the 1999 Session of
the Legislature, which could substantially alter the manner in which cities are allowed to contract with
telecommunication providers, staff recommends this Ordinance be passed. This will extend the current agreement, and
allow the City and Southwestern Bell to incorporate any legislative changes into a subsequent renewal agreement. If
approved, this Ordinance will extend the Southwestcrn Bell Telephone Company Franchise Agreemcnt through
September 30, 1998, and shall automatically renew for sllccessive periods of one year not to exceed beyond September
30, 2002.
I ill I I, I
Avaihlbility of Funds:
General Fund_ WaterlWastewater
_ Capitallmprovement~ Gener~lI Revenue Sharing
Other
Account Numher:
Funds AV~lih,ble:
YES NO
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({:<<JJ~v
I
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
~OHN ~ ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
CHARLES R. HUBER. ~R.
BOARD CERTIFIED - CIVIL TRIAL LAW
TEXAS BOARD OF' LEGAL SPECIALIZATION
November 18, 1997
m",,~ ~
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-----
Mr. John McInn'
'Area Manage xternal Affairs
Southwest n Bell Telephone
One Bel Plaza, Room 3020.28
P.O. ox 655521
Da as, TX 75265-5521
Re: Extension of City of La Porte - Southwestern Bell Telephone
Franchise Agreement Dated July 8, 1992, as described in City
of La Porte Ordinance No. 1834.
Dear Mr. McInnis:
I enclose herewi th draft of proposed ordinance extending the
Southwestern Bell Telephone Company fr~nchise agreement. I have
placed the ordinance in the City of La Porte style, and I have
added a sentence to Section 1 placing a maximum five (5) year term
on the ordinance.
I am requesting that this ordinance be placed on the City Council
agenda, and will advise you of the date of the meeting at which it
will be considered. /
(;"''; (v. t:-,z,~---..
".- nox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
cc: Mr. Barry Beasley .
Area Manager-External Affairs
Southwestern Bell Telephone
1031 Lee, Room B2
Pasadena, TX 77506
Mr. Robert T. Herrera
. a1..ty Manager
L/City of La Porte
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ASKINS & ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. FAIR MONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
(C(Q)~Q))\f
KNOX W. ASKINS
..JOHN D. ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
CHARLES R. HUBER. ..JR.
BOARD CERTIFIED .. CIVIL TRIAL L"AW
TEXAS BOARD OF LEGAL SPECIALIZATION
November 18, 1997
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Re: Southwester.n Bell Telephone Company'
Franchise Renewal
Gentlemen:
The current Southwestern Bell Telephone Company franchise with the
City of La Porte expired September 30, 1997, and was renewed to
March 31, 1998, by City Council.
The last session of the Texas Legislature passed S.B. 1937, a
photocopy of which is attached to this letter. It added Section
3.270 to the Public utility Regulatory Act of 1995. The bill
establishes an Interim Legislative Committee to study a number of
issues involving the use of public rights-of-way in municipalities
by telecommunications utilities (including cable television
companies). The Committee has six members from both the Texas
House and Senate.
Specifically, the Committee is to investigate:
a. the need for consistency in terms and conditions, including
authorized compensation methodology, to be included in
municipal franchise agreements;
b. the impact of existing municipal fee agreements, ordinances,
charters or other municipal requirements on the provisions of
competitive telecommunications services by telecommunications
utilities and the authority of the legislature to establish
the basis for and require modification of those agreements,
ordinances, charters or other requirements;
c. the type and amount of cost incurred by municipalities by
virtue of the use of municipalities' rights-of-way and public
property by telecommunications utilities;
d. the type, basis for, and amount of revenue recei ved by
municipalities from telecommunications utilities;
.
_INS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
SW Bell Franchise Renewal
November 18, 1997
Page 2
l~(=1 \~~'Y'i'i
L' ,'. I" I
''-. . '... . I , I ,
e. the authority of municipalities to impose conditions on or
require compensation from telecommunications utilities
providing telecommunications services wholly within the
municipality by resale of telecommunications services or the
use of facilities of other telecommunications utilities; and
f. such other issues as are necessary to promote public interest
and effect the policies to promote competition.
While this legislation initially included only "telecommunications
utilities", it was amended to include cable television companies.
for the purposes of the committee's review and study.
This legislation expressly states that:
"affected parties [such as cities] are placed on notice
that any terms and conditions, including compensation, of
municipal fee agreements, ordinances, charters or other
municipal requirements now or hereafter in existence may
be superseded or subj ect to amendment, to the extent
inconsistent with the terms of legislation hereafter
enacted."
The Public utility Commission is to provide information for the
Committee and is to issue a report on its investigations to the
Committee by June 1, 1998. The Committee is to issue its report
and recommendations to the Legislature by November 1, 1998.
Due to the fact that the study committee may recommend legislation
to the 1999 Session of the Legislature which could substantially
alter the manner in which cities are allowed to contract with
telecommunication providers, I recommend passage by City Council of
the enclosed form of ordinance which has been negotiated with
representati ves of Southwestern Bell Telephone Company, as an
interim measure. This will extend the current agreement, and will
allow the City and Southwestern Bell to incorporate any legislative
changes into a subsequent renewal agreement.. /'
Yo~ very truly I .
(;z ,\ ~;J(
/1 I A.,#
. td'J. t't..~ r; ~~ ,c--1t4-..
Knox W. Askins
City Attorney
City of La Porte
e
~INS & ARMSTRONG. P. C.
., ATTORNEYS AT LAW
SW Bell Franchise Renewal
November 18, 1997
Page 3
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KWA: sw
Enclosures
cc: Mr. Robert T. Herrera
City Manager
City of La Porte
Mr. Jeff Litchfield
Assistant City Manager/
Director of Finance
City of La Porte
',}i'"1~".:\:.!.,:.., :\..< '..".. '. .
.. , ;;ff~");" \;:~~::Y::,~>.';- ,:~.:~;,.~';l;"';: " : ~::
- ..' uf'r .'~,^.'-"" _..'".....'. ." ',.'"
:~~/ }:~~:~k. ,,:}:t\:'!':~~.~tt~~A:';,~, .,
." ?,'. '-'I"':"i'~ ....C'h-,' '12' '11' 'R n
~~.~~-:'I'.~.":',~:~t?::~~ l~i . .<. ,.' ~ ~
.f,:,'...'~:.'.. .:r<~,~:+~..,;:,i: (:). ~hefixed term of eru:h permit or other authorization issued to 'the facility under this
." " chapter shall commence on the date physical construction of the authorized wa.ste
\ . management faCility begins. . .
SECTION 3. Subchapter D, Chapter 27, Water Code, is amended by Mding Section
27.0515 to read as follows: .' , .
Sec. !7.051$. FACILITIES REQUIRED TO OBTAIN FEDERAL APPROVAL. For a
commercial hazanwus wa.ste disposa,l weU fru:ility originally permitted by the commission
afte:r June 7, 1991, and which is required to obtaitl, from the United States Environmental
Protection Agency a variance from the federal land. disposal restri:ctibns before injecting
permitted hazardous wa.stes: . ,. .
. . (1) a permit or other authorization iss''U.ed to the facility under this chapter is not
. subject to cancellation, cimendmen~ modification, rilvoccition., or denial of renewal because
the permit holder has not " commenced constMtction at opemtio1i of the fru:ility; and
(!) the [1.Xed te,-m of each peMjtit or other authorization isstieq to th~ fru:ility 1L1tder this
chapter shall com1itence on the date phys'ical construction' 01 the authorized wa.ste
management fru:ility begin.'J. .
SECTION 4. (a) Sections .361.116 and 36i.0895, Health and Safety Code, an~ Section
27.0515, Water Code, as added by this .Act, do not apply to any facility that did not have an
original pennit application pending at the Texas N ati.1ral Resource Conservation Commission
on June 7, 1991, nor to any facility that obtained a federal variance from the land disposal
restrictions prior to the effective date of this Act.
(b) Section 361.0895, Health and Safety Code, and Section 27.0515, Water Code, 'as added
by this Act, shall be, construed in a manner that promotes consistency with applicable federal
regulations and maintains federal program delegation and shall not be applied in circum-
stances that would result in the loss of federal program delegation.
SECTION 5. This Act takes effect September 1,1997.
SECTION 6. The importance of this legislation and the crowded condition of the
calendars in both houses create an emergency and an imperative public necessity that the
constitutional rule requiting bills to be read on three several days in each house be
suspended, and this role is hereby suspended.
Passed the Senate on April 28, 1997: Yeas 31,'Nays 0; the Senate concurred in House
amendments on May 27, 1997, by a viva-voce vot~; passed the House, with
amendments, on May 25, 1997, by a non-record vote.
Approved June 20, 1997.
Effective September 1, 1997.'
..-. /"
(it;"'::;;' r,r~" l"')~\ \. .
.~ \v 1''::>+ ",t
./"\:. I
75th LEGISLATIJRE-REGULAR"'SESSION' "
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. ~.
.-.
CHAPTER 1212
S.B. No. 1937
AN ACT
relating to the provision of telecommunications servIces withIn municipalities.
Be it enacted by the Legisla,ture of the State of Texas:
SECTION 1. , Subtitle F, Title III, Public Utility Regulatory Act of 1995 (Article 1446c-O,
Vernon's Texas Civil Statutes), is amended by. adding. Section, 3;270 to rel1d as follows:
See. 3. ! 70. INTERIM COMMITTEE ON THE USE OF MUNiCiPAL RIGHTS-OF-
WAY FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES WHOLLY
WITHIN MUNICIPALITIES BY TELECOMMUNiCATIONS UTILITIES. (aj It is the
policy of the State of Texas to encourage competition amon.g telecommunications utilities
providing telecommunications, services wholly within "tunicipalities in a competitively
neutra~ nondiscri:minatory manner; to reduce the barriers to entry for stt"ch telecrJmmunica-
.tion.'J utilities by eliminating any conditions which prohibit or have the effect of prohibiting
'4660
(i"'~ 1("" I, j') \ \:.,'
,15th LEGISLATU.REGU, LAR SESSIO. N i ~ ; (V~. m.P' ) f Ch. 11212 R 1
\~~ /.I . . .v. . , l'
the ability of any telecommunications utility to piovide telecommunications services wholly
witkin municipalities; to ensure that any compensation to municipalities for the telecom-
~unications utilities' use of municipal rights-of-way or other public property t.o provide
~lec~municatiorr.s servi~es 'IOhCJlly within 7Jt'ltnicipalities is lair q.nd ~qsonq~l(J to telecom-
munications utilities and municiwl residents whO own the public prOp~y or righ~-ofway;
to ~re th~ abi~i~y of .",.?l.1~iclpalities to eZery:is~. t~eii a1.!-th~ty ~o manque the publ'4; rights-
~f~Y; and to !374~re that ~~~s b61l:efitjro:m ~h co~petiticm. .
(b) In order to effectuate the policies described ~~ this section, a joint i~terim committe~
skall be appointecJ to investigate. report, and make legislative recommendations regarding
the state franchise policy for municipalities with respect to telecommunications se~ces
~ded wholly within ~unicipalities by telecomm'f.l.nications utilities.
(c) The joint committee shall be made up ot
(1) the chairman of the Senate Committee on Economic Development;
(.2) the. chairman a/the Senate Committee on Intergovernmental Relations;
(3) the chairman o/the House Committee on ~~e Affairs;
(4) the chairman o/the House Committee on Ur~an Affairs;
(5) one member of the senate appointed by the lieutenant governor; and
(6) one member of the house of representativ~s appointed by the speaker of the house of '
representatives. '" ,
(d)(1) Tht! joint committee shall investigate: ,
(A) the need for ~on:,jst~ncy in tenns ~nd conditions, including the authorized
compensation ~ethodoloiJY, to be include4 in municipal franchise agreements across the
state; .
(B) the impact of exis~ing municipal fee ag,.eements, ordinances, charters, or other
municipal requirements on the provision of competitive telecommunications services
wholly within municipalities by telecommunications utilities and tke authority 0/ the
legislature to establish the basis for and require modification of those agreements,
ordinances, charters, or other municipal requirements;
(e) the type and amount of cost incurred by municipalities by virtue of the use 0/ the
municipalities' rights-of-way and public property by telecommunications utilities pro_
viding telecommunications semces wholly within the municipalities;
(D) the type. basis for, and amount of revenue received by municipalities from
telecommunications 'utilities providing telecommunications services wholly within the
municipalities;
(E) the authority of municipalities to impose conditions on or require compensation
from telecommunications utilities provi~ing telecommunications services wholly within
the municipalities by resale of telecommunications ~~mces or the use of facilities of
other telecommunications utilities; and '. .
(F) such other issues as are necessary to promote the public interest and effectuate
the policies in support of competition by telecommunicatio~s utilities in the provision of
telecommunications services wholly within municipalities as set forth in Subsection (a)
of this section.
(.2) Notwithstanding the fact that cable television companies are not "telecommunica-
tions utilities" under this Ac~ the facilities and technologies used by telecommunications
utilities and cable television companies are the same or similar, impose the same burdens
on municipal rights-of-way, and are or will be used to provide comparable competitive
services. Some of the issues to be investigated by the joint committee cire applicable to the
cable television companies and aTe to be included 1uithin the issues investigated by and
reported on by the joint committee.
(e) The joint committee shall develop a report that analyzes the state's policies with
respect to the issues described in Subsection (d) of this section and that includes recom-
mended rule or statutory changes to implement the policy options. The joint committe(3
may make preli~inary reports but shall make a final report not later than November 1,
1998. "In this respec~ affected parties are placed on notice that any terms and condition~
4661
/~:~,') I:;::'~ j',C5)\\ '7 I
th. 1212, ~ 1: ~ :UJt~~ (' 75th LEGISLAT E-REGtlLAR SESSIO!
_/ ",=",..; ,
including any compensation, of municipal fee agreements, ordinances,' charters, Or 'otke,
municipal requirements now or hereafter in existence may be Superseded or subjeCt tc
amendment, to the extent ineonsistent with the terms of legislation Tiereafter enacted
(j) On request oj the joint committee, the commission, the T~zd8 Legislative Cou~ t~
governor's office, the genate, ctnd the house of representp,t!ves shall provide staff as necessary
to carry out the duties oJ the joint committee. The comm~sion ~hau c!Jnduct ~h
investigations and provide iJuth information and r~port8 ail tU-e necessaty fti,. the joint
committee to make the determinations required by Subsections rd)(1)(C)" and (d)(1)(D) of this
section. The commission shall provide the information and final reports to the Joint
committee no later than J'ltne 1, 1998.
(g) The joint committee is given such a'ltthority as is necessary to carriJ out the dutie!
assigned by this section'and in connection with those duties may call and hold hearings and
compel the attendance of witnesses and the production of information and documents.
(h) If necessary to the discharge of its duties, the joint committee may request the
assistance of additional state agencies, departments, or ,offices. The agencies, departments,
or offices shall provide the requested assistance. "
(i) The joint committee is abolished on the date it issues its final report under Subsection
(e) of this section. " "
. SECTION 2. This Act takes effect September 1, 1997.
SECTION 3. This Act expires September 1, 1999.
SECTION 4. The importance of this legislation .and the crowded condition of the
calendars in both houses create an emergency and an impera~ve public .necessity that the
constitutional rule requiring bills to be read on three several days hi each house be
suspended, and this rule is hereby suspended.
Passed the Semite on May 5, 1997, by a viva-vbc~ vote; the Sen~te concurr~d In House
amendment on" May 28, 1997, by a viva-voce vote; passed the House, with
amendment, on May 26, 1997, by a non-record vote. .
Approved Jun,e 20,1997.
Effective September 1, 1997.
CHAPTER 1213
S.B. No. 1949
AN ACT
relating to the powers, duties, administration, flnaricing, and operation of the Falcon's lair Utility and
Reclamation District; granting the authority to issue bonds.
Be it en~ted by th~ Legislatu:e of the State of ~exas:
SECTION 1. Section 9, Chapter 935, Acts of the 69th Legislature, Regular Session, 1985,
is amended by amending' Subsection <0 and adding Subsection (h) to read as" follows:
(f) After the confU11lation and directors' election, a regular directors' election ,shan be heid
on the fIrst Tuesday afteT the fir:st Monday [~atuFd3f] in November of [AfJrit iR] each odd.
numbered [eveR Rumbered] year to elect the appropriate number of directors..
(hJ The city may not be found liable for an act relating to a district obligation, or the
operation of the district because of an appointment of a director made by the city as
prescribed by Subsection (d) of this section..
SECTION 2. Section 19, Chapter 935, Acts of the 69th Legislature, Regular Session,
1985, is amended by adding Subsections (d) and (e) to read as follows:
(d) For the pay'l1i8nt of all or part of the costs of an improvement project or services under
Section 20A of this Ac~ the board may issue bonds in one or more series payable from all.d
secured by ad valorem tazes, assessments, impact fees, reven'ltes, grants, gifts, ccm.tm.r.ts. or
lea/Jes 01' ('1111 combination of those funds. Bonds may be liens on all or part of the revenlll'
it662
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ORDINANCB NO. 97"'2208
AN ORDINANCB DOBBY THE CITY OF LA PORTE, TEXAS, AND SOUTHWESTBlUl
BELL TELEPHONE COMPANY AGRBB TO AKB:ND ORDINANCE NO 1834, TO PROVIDE
FOR AN EXTENDED TERM THERBOF; PROVIDING TBRMINATION AND OTHBR.
PROVISIONS AS A RBSULT OF AKBNDMENTS TO THB PUBLIC UTILITY
REGULATORY ACT OF 1995; CONTAINING FINDINGS AND OTHER PROVISIONS
RELATING TO THE AGREEKBNT; FINDING COMPLIANCE WITH THE OPEN
MEETING~ LAW; AND PROVIDING AN BFFBCTIVB DATE HEREOF.
WHEREAS, the City of La Porte, hereinafter referred to as the
"CITY", adopted and approved Ordinance No. 1834 on June 8, 1992,
which was accepted by Southwestern Bell Telephone Company,
hereinafter referred to as the "TELEPHONE COMPANY": and
WHEREAS, TELEPHONE COMPANY and CITY desire to extend the term
of Ordinance No. 1834 as provided in this Ordinance: and
WHEREAS, it is to the mutual advantage of both the CITY and
the TELEPHONE COMPANY that the term of Ordinance No. 1834 be
extended: and
WHEREAS, it is recognized by the parties that provisions set
forth in Ordinance No. 1834 may create legal issues with respect to
the CITY's compliance with Section 3.2555 of the Public utility
Regulatory Act of 1995 effective September 1, 1995, hereinafter
referred to as the "Revised PURA": the parties agree and intend
that this amendment to Ordinance No. 1834 constitutes an interim
arrangement to accommodate the needs of the parties, pending
clarification of the interpretation and application of the Revised
PURA. '
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE, TEXAS, THAT:
Section 1. Section 4 of Ordinance No. 1834 entitled TERM is
hereby amended to read as follows:
This Ordinance shall be in force and effect from October
1, 1997, through September 30, 1998, unless earlier
terminated pursuant to Section 17, provided that at the
expiration of this initial period, such term shall be
automatically extended for successive periods of one (1)
year, unless written notice of intent to terminate this
agreement is given by either party not less than ninety
(90) days prior to the termination of the then current
period. When such notice is given this agreement shall
terminate at the expiration of the then current period.
Regardless of the right of automatic renewal, the term of
this Ordinance shall not extend beyond September 30,
2002.
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ORDINANCE NO 97- 2208
section 2. section 17 of Ordinance No. 1834 entitled FUTURE
CONTINGENCY is hereby amended to add the designation "(a)" before
the existing paragraph of that section and to add paragraphs (b),
(c) and (d) as set forth below:
(b) Both parties agree that the extension of this
Ordinance is an interim arrangement,and is not intended
to be used, and will not be cited or referred to by
either party, as evidence of what is in compliance with
the requirements of Section 3.2555 of the Revised PURA.
TELEPHONE COMPANY and CITY both hereby reserve all
arguments. and/or positions as to the appropriate
interpretation and application required by the Revised
PURA.
(c) The CITY agrees to provide written notice to the
TELEPHONE COMPANY of an original application or an
agreement thereto, for a consent, franchise or permit
with the CITY for use of the RIGHTS-OF-WAY in the CITY
for the provision of any telecommunications service
within ten (10) days from receipt of such application.
(d) Further, notwithstanding anything contained in this
Ordinance to the contrary, both CITY and TELEPHONE
COMPANY agree that either CITY or TELEPHONE COMPANY may
terminate this Ordinance upon a minimum of thirty (30)
days notice to the other party on or after the date that
(1) any entity applies for an original of, or an
amendment to, a consent, franchise or permit with the
CITY for use 'of the RIGHTS-OF-WAY in the CITY for the
provision of any telecommunications service; or (2) any
entity with an existing consent, franchise, or permit for
use of the RIGHTS-OF-WAY in the CITY files an application
with the Public utility Commission of Texas for a
certificate of operating authority which includes any
geographic area which is wholly or partially within the
corporate limits of CITY.
Section 3. The TELEPHONE COMPANY shall have thirty (30) days
from and after the passage and approval of this Ordinance to file
its written acceptance hereof with the City Secretary, and upon
such acceptance being filed, this Ordinance shall take effect and
be in force as of October 1, 1997.
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ORDINANCE NO 97- 2208
PAGE 3
section ~o 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.
PASSED AND APPROVED, this ~ day of D&"CflVl/3E'~ , 199'1.
By:
ATTEST:
~41irit. a . k{ J.l~#(
Martha A. Gillett
City Secretary ,~I
AP.P1WVED: .' <,
/Z~rl)~~
Knox W. Askins
City Attorney
I, Martha A. Gillett, City Secretary of the City of La Porte,
Texas, do hereby certify that the foregoing is a true and correct
copy of Ordinance No. , finally passed and approved by the
City Council of La Porte, Texas, at a regular meeting held on the
_ day of , 199
City Secretary
e e
REOlnl FOR CITY COUNCI'L AGENDA I-Iw
II It I 1 :1
Agenda Date Requested: December 8, 1997
Requested By: K. Askins 'Department:
_ Report _ Resolution
X Ordimmce
Exhibits: Ordinance
I , I 'I I '
SUMMARY & RECOMM"ENDA TION
La Porte Independent School District requested the City of La Porte consider conducting a joint election on the first
Saturday of May of the open City Council positions and board of trustec positions. Staff has been working with the
school district for several weeks to work through the dctails and responsibilities of each entity. After much discussion
and negotiation, staff recommends City Council authorizc City Manager to execute an agreement between the City of La
Porte, La Porte Independent School District and San Jacinto College District to conduct joint elections.
I I I I" I'
Availability of Funds:
General Fund_ WaterlWastew~lter
_ Capital Improvement_ Geneml Revenue Sh~lring
Other
YES NO
T. Herrera
ity Manager
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIR MONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
~OHN ~ ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
CHARLES R. HUBER. ~R.
BOARD CEATUolED . CIVIL TRIA.L LAW
TEXAS BOARD OF" LEGAL SPECIALIZATION
November 19, 1997
Mr. Robert T. Herrera
City Manager
City of La Porte
Mr. Jeff Litchfield
Assistant City Manager/
Director of Finance
City of La Porte
~. Martha A. Gillett
~~;y Secretary
City of La Porte
Dear Folks:
Per your discussion of November 19, 1997, with representatives of
LPISD, I enclose a final draft of Interlocal Agreement for Joint
Elections, together with form of approval ordinance for the
December 8, 1997, City Council meeting. I understand that LPISD
will place this matter on its December 9, 1997, agenda.
Mr. Jerry Dennis of LPISD has advised me that LPISD elections are
now based on a plurality of votes for each position, so that they
do not have runoff elections. Further, that the College has
elections every other year, and that 1998 is not an election year
for the College. Finally, that the cities of Morgan's Point and
Shoreacres have approved the form of the Agreement.
~o s.~ery truly,
;l.v I
{ ~ 7-
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosures
-....
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(CQ)[PV
ORDINANCE NO. 97- 2209
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT FOR
JOINT ELECTIONS, HONG THE CITY OF LA PORTE, LA PORTE INDEPENDENT
SCHOOL DISTRICT, AND SAN JACINTO COLLEGE DISTRICT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; PINDING COHPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING AN EPPECTIVE DATE HBREOP.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, 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 30 This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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ORDXNABCE NO. 97- 2209
PAGE 2
PASSED AND APPROVED, this 8th day of December, 1997.
By:
CITY OF LA PORTE
t~~
/N man L. a e
Mayor
ATTEST:
i..
-1}~ O,N JJ Alll1L
Martha A. Gi lett
City Secretary
'/
AP~: /
O~lii/"
Knox W. Askins
City Attorney
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INTEfRLOCAL AGREEMENt FOR JOiNt E~cnONS
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STATE OF TEXAS {
{
COUNTY OF HARRIS {
This Agreement made and entered into by and among the CITY OF
LA PORTE, (hereinafter "LA PORTE"); the LA PORTE INDEPENDENT SCHOOL
DISTRICT .(hereinafter "LPISD"); and SAN JAciNTO COLLEGE DISTRICT
(hereinafter ~COLLEGE"),
WIT N E SSE T H:
1. This Agreement is made and entered into under the authority of
the Texas Interlocal Cooperation Act, codified as Chapter 791,
Texas Government Code, and Chapter 271, "Joint Elections", of
the Texas Election Code. The purpose of this Agreement is to
establish the procedures, division of responsibilities, and
sharing of costs, for annual joint elections of officers of
the parties hereto on the first Saturday in May of each year,
and any necessary runoff elections~ commencing on the first
Saturday of May, 1998. In this connection, each party to this
Agreement agrees that it shall continue to perform its
agreements hereunder, even if a party to this Agreement shall
cancel its own election due to unopposed candidates, pursuant
to section 2.051, et. seg., Texas Election Code. This
Agreement shall not be applicable to special elections held by
a party hereto.
2. The annual joint election shall be conducted at the seven (7)
election precincts described on Exhibit "A" attached hereto
and incorporated by reference herein. Early voting place for
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LA PORTE, LPISD, and COLLEGE', shall be at La Porte city Hall.
LA PORTE shall conduct. elections for itself, LPISD, and
COLLEGE, at Precincts 1 through 7, both inclusive.
3. Each entity shall conduct its own candidate filings; drawings
for places on its ballot; posting and publication of election
notices; receipt of campaign finance reporting; and any other
actions required of the entity by the Texas Election code,
except as herein p"rovided. LA PORTE shall arrange for
printing of ballots, and rental of election booths and
electronic counting machines; appoint and compensate judge~
and clerks; and shall conduct early voting for LA PORTE,
LPISD, and COLLEGE. LPISD and COLLEGE shall each make the
necessary filings wit~ the u.s. Department of Justice under
the Federal Voting Rights Act, for pre-clearance of the change
in election date; joint election procedure; and the
establishment
of
precincts,
for
their
respective
jurisdictions.
4. Common expenses of the joint ~lection shall be prorated among
the parties incurrinq and benefitinq from such expenditures.
Expenses shall include all necessary disbursements, such as
ballot printing and supplies, and judges and clerks. LA PORTE
shall invoice LPISD and COLLEGE for their pro rata portions of
such joint expenses, which invoice shall be due and payable
within thirty (30) days of receipt thereof. Under the terms
of the Texas Election Code, no charge shall be incurred for
use of public buildings to conduct an election. The parties
shall meet following the 1998 election to review the
administration and expenses of the joint elections.
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5. This Agreement shall be effective January 1, 1998, for the
1998 general election of officers by the parties hereto, and
any necessary runoff elections.
This Agreement shall
automatically renew thereafter on a year to year basis. A
party to this Agreement may withdraw from this Agreement by
giving written notice to all of the other parties hereto, on
or before September 1st of the year preceding the next
election cycle.
6. This Agreement has been approved by the respective governing
boards of the parties hereto. Payments hereunder shall be
from current revenues available to the paying party.
WITNESS.OUR HANDS, effective January 1, 1998.
By:
ATTEST:
Lfv1LlL],~, D , Jj l_~t
Martha A. Gillett .
City Secretary
ATTEST:
...
LA PORTB IHDBPBHDBHT
8C1100L ~CT
BY~~ MA~~ / '
es dent Board of Trustees
CI Davison
By:
8AM JACIRTO~~t:3~I8~ICT
~ ....,
Pres1dent Board of Trustees
~ '
~. ~ A. o.
cretary . .
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EXHIBIT aAa
Pollina Plao'H
BleotioD Preoinot 11
Lomax Elementary School
10615 North Avenue "L"
La Porte, Texas 77571
Boundarie.t
BEGINNING at the intersection of the Southern Pacific Railroad
tracks and Spencer Highway (West Main street);
THENCE westerly along Spencer Highway (West Main street) to
Big Island Slough;
THENCE nor~herly along ,Big Island Slough to north boundary of
Creekmont Subdivision;
THENCE west along north boundary of Creekmont SUbdivision to
Underwood Road;
THENCE north along Underwood Road to the Southern Pacific
Railroad tracks;
THENCE southeasterly along the Southern Pacific Railroad
tracks, following a curve to the south, and continuing in a
aoutherly direction along the Southern Pacific Railroad tracks
to Spencer Highway (West Main Street), to the POINT OF
BEGINNING.
BlectioD preoinot 12
Pollina Place: Baker School cafetorium
West Main Street and Underwood Road
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the center line of Big Island
Slough and Fairmont Parkway;
THENCE west along Fairmont Parkway to the east boundary line
of the one hundred forty one (141) acre San Jacinto Junior
College Site, same being the west boundary line of the former
College View M.U.D. as described in Article 8280-381,
V.A.T.S.i
THENCE northerly along the west boundary line, and a northerly
projection thereof, of said (College View M.U.D.) to Spencer
Highway (West Main Street);
THENCE east along Spencer Highway (West Main Street) to the
center line of Myrtle Creek Drive;
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THENCE south along Myrtle creek Drive to Cedarmont Drive;
THENCE southerly along Cedarmont Drive to its intersection
with the westerly projection of the rear iot lines of Block 17
in Fairmont Park West Section one;
THENCE southeasterly along the rear lot lines of Block 17 in
Fairmont Park West section One, passing through Parkmont Drive
and following the rear lot line of Block 18 of Fairmont Park
West section Two, to Quiet Hill Road;
THENCE westerly along Quiet Hill Road to Willmont Road;
THENCE southerly along Willmont Road to its intersection with
the westerly projection of the rear lot line of Block 35 in
Fairmont Park west section TWo;
THENCE easterly along the rear lot lines of Block 35 in
Fairmont Park West Section Two to the center line of Roseberry
Drive; .
THENCE northerly along the center line of Roseberry Drive to
the center line of Hillridge Road;
THENCE easterly along the center line of Hillridge Road to the
center line of Big Island Slough;
THENCE southerly along'the'center line of Big Island Slough to
the intersection of Fairmont Parkway, to the POINT OF
BEGINNING.
Election Preoinct 13
P~llina Placeg Rizzuto Elementary School
3201 Farrington BOUlevard
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of an Exxon Pipeline Easement
and Fairmont Parkway:
THENCE west along Fairmont Parkway to center line of Big
Island Slough;
THENCE northerly along the center line of Big Island Slough to
the center line of Hillridge Road;
THENCE westerly along Hillridge Road to the center line of
Roseberry Drive:
THENCE southerly along the center line of Roseberry Drive to
the intersection with the easterly projection of the rear lot
line of Block 35 in Fairmont Park west Section Two:
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THENCE westerly along the rear lot line of Block 3S in
Fairmont Park Section Two to the center line of Willmont Road;
THENCE northerly along the center line of Willmont Road to the
center line of Quiet Hill Road;
THENCE easterly along the center line of Quiet Hill Road to
the intersectiQn of the southeasterly projection of the rear
lot line 'of Block 18 in Fairmont Park west Section Two;
THENCE northwesterly along the rear lot line of Block 18 in
Fairmont Park West Section TWo, passing through parkmont Drive
and becomin9 the rear lot line of Block 17 Fairmont Park West
Section One to Cedarmont Drive; .}
THENCE northerly along Cedarmont Drive to MYrtle Creek Drive;
THENCE northerly along MYrtle Creek Drive to Spencer Highway
(West Main street);
THENCE west along Spencer Highway (West Main Street) to
Underwood. Road;
THENCE north along Underwood Road to the north boundary of the
Creekmont Subdivision;
THeNCE east along the north boundary of the Creekmont
Subdivision to Big Island Slough;
THENCE southerly along Big Island Slough to Spencer Highway
(West Main street);
THENCE east along Spencer Highway (West Main Street) to an
Exxon Pipeline, Easement;
THENCE southerly along an Exxon Pipeline Easement to Fairmont
Parkway, to the POINT OF BEGINNING.
Blectiob preaibat t!
Pollina Place:
Dewalt Special Services Center
Madison and North 6th Street
La Porte, Texas 77571
Bounc!ari..:
BEGINNING at the intersection of North Broadway Street and the
Southern Pacific Railroad tracks;
THENCE south along North Broadway street to Barbour's cut
Boulevard;
THENCE east along Barbour's Cut Boulevard to North Brownell
Avenue;
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THENCE south along North Brownell Avenue to East Madison
street;
THENCE east along East Madison street to North Holmes Avenue;
THENCE southerly alon9 North Holmes Avenue to East Main
street;
THENCE westerly alon9 East Main street to South Broadway
street;
THENCE south along South Broadway street to West I' A" street;
THENCE: west along West "A" Street to state Highway 146;
THENCE south along State Highway 146 to West "B" Street;
THENCE west along West "B" Stre~t to South 13th street;
THENCE south along South 13th street ,to West "E" street;
THENCE west along West "E" Street to the Southern Pacific
Railroad tracks;
THENCE north along Southern Pacific Railroad tracks, following
a curve to the east of said railroad tracks;
THENCE easterly along the Southern Pacific Railroad tracks to
North Broadway street, to the POINT OF BEGINNING.
Eleotion precibct 15
Pollina Places
La Porte Senior High School
301 East Fairmont Parkway
La Porte, Texas 77571
Boullc!ari..:
TRACT I
BEGINNING at the intersection of Barbour's Cut Boulevard and
North Brownell Avenu~;
THENCE east along Barbour's Cut Boulevard to Donaldson Avenue;
THENCE southeasterly along Donaldson Avenue to th~ shoreline
of Galveston Bay;
THENCE southerly along the shoreline of Galveston Bay to the
north city limit ,line of Shoreacres, (or the 'south line of
Tract I):
THENCE west aiong the nortn city limit line of Shoreacres (or
the south line of Tract I) to South Broadway Street (Old
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Highway 146);
THENCE north along South Broadway street (Old Highway 146) to
East Main street;
THENCE easterly along East Main street to North Holmes Avenue;
THENCE northerly along North Holmes Avenue to East Madison
street;
THENCE west along East Madison St~eet to North Brownell
Avenue;
THENCE north along North Browne~l Avenue to Ba.rbour t s cut
BOUlevard, to the POINT OF BEGINNING.
TRACT II
BEGINNING at the intersection of SOQth Broadway street (Old
Highway 146) and the south city limit line of Shoreacres (or
the north line of Tract II);
THENCE easterly along the south city limit line of Shoreacres
(or the nort~ line of Tract II) to the shoreline of Galveston
Bay;
THENCE southerly along the shoreline of Galveston Bay to the
south city limit line of La Porte (or the south line of Tract
II);
THENCE westerly along the south city limit line of La Porte
(or the sQuth line of Tract II), to South Broadway Street (Old
Hiqhway 146);
THENCE north along South Broadway Street (Old Hiqhway 146) to
the south city limit line of Shoreacres (or the north line of
Tract II) to the POINT OF BEGINNING.
Ileatio~ 'tecinat II
PolliDa Place: La Porte city Hall
604 West Fairmont Parkway
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of West itA" Street and South
Broadway Street;
THENCE south along south Broadway street to the south city
limit line of La Porte:
THENCE west along the south city limit line of La Porte'to the
west right-of-way line of State Highway 146;
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THENCE northeasterly along the west right-of-way line of state
Highway 146 to McCabe Road;
THENCE west along McCabe Road to the Southern Pacif ic Railroad
tracks;
THENCE north along the Southern Pacific Railroad tracks to
Fairmont Parkway;
THENCE west along Fairmont Parkway to the Humble Pipeline
Company right-of-way;
THENCE northeasterly along the Humble Pipeline Company riqht-
of-way to West Main Street;
THENCE east along West Main street to the Southern Pacific
Railroad tracks;
THENCE south along the Southe~n Pacific Railroad tracks to
West "E" street;
THENCE east along West "E" stre~t to South 13th street;
THENCE north along South 13th Street to West'''B'' Street;
THENCE east along West "B" Street to state Highway 146;
THENCE north along State H"ighway 146 to West "A" Street;
THENCE east along West "A" Street to South Broadway Street and
the POINT OF BEGINNING.
Ileotion Preoinot 17
Pollina Placeg College Park Elementary School
4315 Luella, Deer Park, Texas 77536
Boundaries:
That portion of the La Porte Independent School District lying
and being situated west of Underwood Road, north of Fairmont
Parkway, and within the corporate limits of the city of Deer
Park, Texas.
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REOUES4t FOR CITY COUNCIL AGENDA ITEM
I~I~ !itl~I~'ln!if'''.'''''~l~~!WN1b~I'l'!"~'''.IiRIl~Il'lI>lI~f~,'''''?,~I\i.e-';ot'"hj,;..,..el~IJi""~ ",~lnf"'1i ~I", I II II" ", I, I '!" I
Agenda Date Requested: December 8. 1997
Requested By: 1. L. Sease
Department: Fire
X Report _ Resolution _ Ordinance
Exhibits:
Bid Tabulation Sheet
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SUMMARY & RECOMMENDATION
Sealed bid #0719 was opened on November 3, 1997 with item #7 being for a new 4wd Sport utility vehicle for the
Fire Department. Three bids were submitted with, Philpott Ford being the low bidder meeting specifications in
the amount of $26,797.00 Funds were budgeted in the current budget in the amount of $25,000.00 for this
vehicle. The additional $1,797.00 needed will be taken from 001-5051-522-8021. This vehicle is to be used by the
duty Fire Officer to respond to all calls while on duty.
Recommendation is for City Council to award the bid to the low bidder, Philpott Ford in the amount of
$26,797.00
Action Required by Council:
Approve awarding the Bid #0719, Item #7 to Philpott Ford in the amount of $26,797.00
Ej;']i~.~ ~:;5':;r']P.lIi1;;jrrr..:n;:M;':~E"!tt"~p'~~"iI!,::3...""'lb~~~;~*,y.11I!~!"\'mIfi:':r~ "',::!"'Il;IIl'"'r.,,..,"Y', ",~~":~'1l':l'.JIj~.:!l,'1'l,~OJ:~:S'~~1~!:IZ~
Availability of Funds:
..x General Fund Water/Wastewater
_ Capital Improvement_ General Revenue Sharing
Other
Account Number: 001-5051-522-8050
Funds Available: X YES NO
l~
BID # 0719 VEHICLES AMOUNT AMOUNT TOTAL (OVER)/ RECOMMENDED
Item #7 BUDGETED BID COST UNDER VENDOR
4wd Sport Utilitv (1) $ 26,20C>>
Philpott Ford $ 26,797 $ 26,797 $ (597) Philpott Ford
McRee Ford No Bid
Casa Ford $ 27,505 $ 27,505 $ (1,3055
Les Marks Chevrolet $ 28,950 $ 28,950 $ 12,750)
VEHICLE/EQUIPMENT BIDS
FY 97/98
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