HomeMy WebLinkAbout1999-06-01 Special Called Regular Meeting• 0
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MINUTES OF THE SPECIAL CALLED REGULAR MEETING
OF LA PORTE CITY COUNCIL
JUNE 1, 1999
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young, Jerry Clarke,
and Mayor Malone.
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: City Manager Robert T.
Herrera, City Attorney Knox Askins, City Secretary Martha Gillett, Acting Police
Chief Aaron Corrales, Assistant Finance Director Cynthia Alexander, Administrative
Assistant Carol Buttler, Clerk Shannon Dodson, Purchasing Agent Susan Kell'ey, Parks
and Recreation Director Stephen Barr, Fire Marshal Paul Hickenbotton, Assistant City
Secretary Janis Goulder, and Public Works Director Steve Gillett.
Others Present: Johnny Clarke, Colleen Hicks, and Summer Cacciotto.
2. Mayor Norman Malone delivered the Invocation.
3. Council considered approving the minutes of the Regular Meeting and Public Hearing
on May 24, 1999.
Motion was made by Councilperson Engelken to approve the minutes of the Regular
Meeting and Public Hearin on 24, 1999 as presented. Second by Councilperson
Griffiths. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor
Malone.
Nays: None
Abstain: None
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX PAYERS WISHING TO ADDRESS COUNCIL
There were no citizens wishing to address City Council.
5. Council considered approving on ordinance declaring the results of the runoff election
held on May 29, 1999.
City Attorney Knox Askins presented summary and recommendation.
City Attorney read: ORDINANCE 99-2332 - AN ORDINANCE DECLARING THE
RESULTS OF THE RUNOFF ELECTION HELD IN THE CITY OF LA PORTE ON
MAY 29, 1999, FOR THE ELECTION OF A COUNCILPERSON—DISTRICT 6;
City Council Minutes — June 1, 1999 — Page 2
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Engelken to approve the Ordinance as presented by
Mr. Askins. Second by Councilperson Ebow. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
6. Mayor Malone administered the oath of office to Councilperson Jerry Clarke.
7. Council considered approving an ordinance regarding establishing an agreement between
the City of La Porte and the La Porte Girl's softball Association regarding the use of
youth softball facilities.
Director of Parks & Recreation Stephen Barr presented summary and recommendation
and answered City Council's questions.
City Attorney read: ORDINANCE 99-2333 — AN ORDINANCE AUTHORIZING AND
APPROVING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE
LA PORTE GIRL'S SOFTBALL FACILITIES; 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 Young to approve the Ordinance as presented by Mr.
Barr. Second by Councilperson Gay. The motion carried.
Ayes: Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke, and Mayor Malone
Nays: None
Abstain: Ebow
S. Council considered approving an ordinance regarding establishing August 9, 1999 as the
date for a Public Hearing regarding Tax Increment reinvestment Zone Number One.
City Manager Robert T. Herrera presented summary and recommendation and answered
City Council's questions.
City Attorney read: ORDINANCE 99-2334 - AN ORDINANCE ESTABLISHING A
DATE FOR A PUBLIC HEARING ON THE EXPANSION OF REINVESTMENT
ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS; CONTAINING FINDINGS
RELATING TO THE FOREGOING SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Ebow to approve the Ordinance as presented by Mr.
Herrera. Second by Councilperson Griffiths. The motion carried unanimously.
City Council Minutes — June 1, 1999 — Page 3
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain: None
9. Council Considered awarding a bid to Curry, Inc. to remove and install HVAC
equipment at various city facilities.
Director of Parks & Recreation Stephen Barr presented summary and recommendation
and answered City Council's questions.
Motion was made by Councilperson Engelken to approve the Ordinance as presented by
Mr. Barr. Second by Councilperson Griffiths. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone
Nays: None
Abstain
10. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. Congratulations to Councilperson Jerry Clarke on his re-election
B. Grand opening of Fleet Fueling Facility immediately following the is meeting
C. Funeral information for Jack Maxwell's Grand -Daughter
D. Census — complete count committee recommendation process — Opening remarks
presented by Mr. Herrera and additional information provided by City Secretary
M,utha Gillett.
11. COUNCII, ACTION
Councilperson Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke,
and Mayor Malone brought items to Council's attention. Councilperson Clarke thanked
everyone for their support during the election.
12. EXECUTIVE SESSION — PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY,
DELIBERATION REGARDING REAL PROPERTY, DELIBERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL
MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION
REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
There were no items to be discussed in Executive Session.
City Council Minutes — June 1, 1999 — Page 4
13. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
Due to no Executive Session, there was no action taken.
14. ADJOUR!VMENT
There being no further business to come before Council, the Special Called Meeting
was duly adjourned at 6:50 PM.
Respectfully submitted,
Q---N4, AW
Martha Gillett
City Secretary
Passed and approved on this 14th day of June 1999.
Norman L. Malone, Mayor
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ORDINANCE NO. 99- 2332
AN ORDINANCE DECLARING THE RESULTS OF THE RUNOFF ELECTION HELD IN
THE CITY OF LA PORTE ON MAY 29, 1999, FOR THE ELECTION OF A
COUNCILPERSON--DISTRICT 6; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, there was held in the City of La Porte on the 29th
day of May, 1999, a runoff election for the purpose of electing a
Councilperson-•-District 6; all in accordance with Section 8.10 of
the Home Rule Charter of the City of La Porte; and
WHEREAS, there were cast at said election for the following
listed persons the number of votes opposite their respective names:
COUNCILPERSON--DISTRICT 6
Jerry Clarke 190
Bruce Meismer 105
as shown in the official election returns heretofore delivered by
the Election Manager and officials to the Mayor and City Council of
the City of La Porte and submitted to the City Council.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. That said election was duly called and notice
thereof given in accordance with law; that said election was held
in the manner required by law; that due returns of said election
have been made by the proper officers; that said returns have been
canvassed by the City Council of the City of La Porte; that said
election has resulted in the election of the following named
persons, to -wit:
COUNCILPERSON--DISTRICT 6
Jerry Clarke
ORDINANCE NO. 99-2332 PRE 2
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 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.
PASSED AND APPROVED, this 1st day of June, 1999.
CITY OF LA PORTE
By:
Ndrman L. Malone, Mayor
ATTEST:
Ma tha . Gillett
[`i tv Cear^rc+tary
City Attorney
OATH OF OFFICE
I, Jerry Clarke , do solemnly swear (or affirm), that
I will faithfully execute the duties of the office of
Councilperson District 6 , of the City of LaPorte,
State of Texas, and will to the best of my ability preserve, protect
and defend the constitution and laws of the United States and of this
State and the Charter and ordinances of this City; and I furthermore
solemnly swear (or affirm) that I have not directly or indirectly paid,
offered, or promised to contribute any money, or valuable thing, or
promised any public office or employment, as a reward to secure my
appointment or the confirmation thereof. So help me god.
Sworn to and subscribed before me this the 1st day of
June, 1999
Public in and for the Xj
State of Texas
" LEE Ply
state of Texas
�aa Cwm. ExP• 07,M?W2
I.--
17-2576—OATH OF OFFICE --Class 2. (ConstitutWas—Revised 2194)
• Hart Forms & Services, Austin, Texas
In the name and by the authority of
The State of Texas
OATH OF OFFICE
I, Jerry Clarke , do solemnly
swear (or affirm), that I will faithfully execute the duties of the office of
Councilperson District 6
of the State of Texas, and will to the best of my ability preserve, protect, and defend the
Constitution and laws of the United States and of this State, so help me God.
Affiant
SWORN TO and subscribed before me by affiant on this 1st day of
June ,19�2— .
Si ature of Person A ministerig Oath
(Seal) Mayor Norman Malone
Printed Name
v::.M
MORiA . =aLMON Mayor
t�10 Title
�NafflWts
See Reverse Side
for Instructions
Revised August 1992
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 1. 1999
Requested By: Stephen L. Barr Department: Parks & Recreation
XX Report Resolution Ordinance
Exhibits: 1. Ordinance 99- Approving and Authorizing an Agreement between
the City of La Porte and the La Porte Girl's Softball Association
2. Agreement Between the City of La Porte and the La Porte Girl's Softball
Association Regarding the Use of Softball Facilities
3. Certification Letter, La Porte Girl's Softball Association
SUMMARY & RECOMMENDATION
The City of La Porte, through the Parks & Recreation Department has worked with the La Porte Girl's
Softball Association for many years to provide recreational softball opportunities for the girls who play
softball. The City has traditionally provided fields and maintenance of those fields, described in the
Agreement; while the Association, through its parent board, has provided organizational support by
organizing leagues, tournaments, practices, scheduling games, uniforms, etc. for the kids. The Ordinance
considered here will formalize the City's agreement with the La Porte Girl's Softball Association.
Under the proposed Agreement, the Parks and Recreation Department would continue to manage all
operations related to facility and grounds maintenance at the designated youth softball fields in the park
system. The City would formally accept responsibility for maintenance of structures, fencing, parking lots,
sidewalks, turf areas, and field maintenance at the youth softball facilities. The La Porte Girl's Softball
Association would continue to conduct year-round youth softball league games, practice games,
tournament games, and league playoff games for the softball community. The public would have access
to the fields for pickup games at times when the fields are not specifically being used or prepared for
softball matches by the Association. The City reserves the right to close the fields for maintenance or other
purposes when conditions require such closing.
The Agreement would remain in effect for five (5) years, with an option to continue for an additional five
(5) years if both parties agree. The Agreement calls for provision of liability insurance by the Association
(which it already provides) to cover both participants, and the City. The Agreement calls for provision of
financial statements from the Association to the City to assure the Association's fiscal responsibility.
Action Required by Council:
Consider approval of Ordinance 99- which establishes a formal Agreement between the City of La
Porte and the La Porte Girl's Softball Association regarding the use of youth softball facilities in the City
of La Porte.
Availability of Funds:
General Fund
Capital Improvement
XX N/A
Account Number: _
Account Number:
Water/Wastewater
General Revenue Sharing
Funds Available: _ YES _ NO
Funds Available: YES NO
Approved for Citv Council Agenda
z4gi7
—� 271�f
Date/
City _.-
ORDINANCE NO. 99-2333
AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN
THE CITY OF LA PORTE AND THE LA PORTE GIRL'S SOFTBALL
ASSOCIATION REGARDING THE USE OF YOUTH SOFTBALL FACILITIES;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract,
agreement, or other undertaking described in the title of this ordinance, in
substantially the form as shown in the document which is attached hereto and
incorporated herein by this reference. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2. The City Council officially finds, determines, recites, and
declares that a sufficient written notice of the date, hour, place, and subject of this
meeting of the City Council was posted at a place convenient to the public at the
City Hall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code; and
that this meeting has been open to the public as required by law at all times
during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves,
and confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this Zed lay of June, 1999.
CITY OF LA PORTE
By:
Norman L. Malone,
Mayor
ATTEST:
LARALA
w I MM,91 A"
Max4ha Gillett,
City Secretary
APPROVED:
W. Askins,
City Attorney
AGREEMENT BETWEEN THE CITY OF LA PORTE
AND THE LA PORTE GIRL'S SOFTBALL ASSOCIATION
REGARDING THE USE OF YOUTH SOFTBALL FACILITIES
BECAUSE, the City of La Porte (the "City") is the owner and operator of
various youth softball facilities as part of the parks and recreational facilities of the
community; and
Because, the La Porte Girl's Softball Association (the "Association") has
contributed funds in past years, which funds have been matched by the City, toward the
construction of various amenities and facilities at the various softball facilities owned by
the City; and
Because, the City wishes to recognize and commend the funding that has
been provided by the Association;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements and benefits to both parties, it is
agreed as follows:
The City will provide limited use of the youth softball facilities as described in "Exhibit A",
which is attached and included as a part of this Agreement, to the Association for conduct
of its league games, practice games, league/team practices, tournament games, and
league playoff games from the first week in March through the last weekend in November
for each year that this Agreement is in effect. Use is limited to Monday through Sunday,
from 7:00 a.m. until 11:00 p.m. each day. The Association shall have exclusive right and
responsibility for scheduling, organizing, providing rules of conduct, and conducting youth
softball league games, practice games, league/team practices, tournament games, and
league playoff games at the youth softball facilities listed in Exhibit A. Said rules of conduct
shall be in conformance with laws and ordinances of the State of Texas and the City of La
Porte. The City reserves the right to close the fields for field maintenance purposes, for
inclement weather, or other reasonable cause.
The City will assume responsibility for maintenance of all structures located on City
property at Little Cedar Bayou Park as set forth in this Agreement. Except for routine
marking, dragging, watering, and other field preparation as set out herein, the City will
assume responsibility for maintenance and repair of fencing, parking lots, sidewalks, turf
areas, and major field maintenance at the youth softball facilities listed in Exhibit A. The
Association will be responsible for routine marking, and field preparation of the youth
softball facilities either existing or in the future. The present youth softball facilities
Page 1 of 6
covered in this agreement are those specific areas listed in "Exhibit A". The City will
manage all operations related to facility and grounds maintenance at the softball facilities
designated in Exhibit A.
The City has provided, with assistance from the Association, a concession/restroom
facility, and a storage facility as listed in Exhibit A. The concession/restroom facility and
permanent attachments to said facility, are the property of the City. Except as set out
herein, the City agrees to maintain the concession/restroom, and storage structure's
various components including, electrical, plumbing, roofing, and other systems that
contribute to their safe and efficient operation. The restroom portion of the facility is a
shared facility for various uses at Little Cedar Bayou Park and is the property of the City.
The City will provide daily weekday custodial services for the restroom facility and provide
necessary supplies for the restroom facility. Unless specifically marked, parking spaces
at Little Cedar Bayou Park are not reserved and are available on a first -come, first -served
basis.
The Association agrees to operate the Concession facility exclusively and to provide
materials, equipment, supplies, and personnel necessary for operation. Further, the
Association is responsible for furnishing equipment for the batting cages and concession
stands at the youth softball facilities, including but not limited to the following: pitching
machines, microwaves, refrigerators, ice machines, freezers, air conditioners and all other
electrical appliances. The Association is responsible for maintenance of all furnished
equipment in the concession stand and batting cages. The Association agrees to clean the
restroom facilities, in addition to the City's regular cleaning schedule on an as needed
basis, during the Association's use of the facilities to assure that the restrooms are clean
and operable. The Association agrees to clean the concession portion and the batting
cage area of the facility at its expense. All revenues produced by batting cages and
concession operations shall belong to the Association. The Association is responsible for
meeting all applicable laws, ordinances, and codes regarding the following: sales tax,
safety, and any other issue relative to concession operations, batting cage operations, and
conduct of all its activities at the youth softball facilities. Alcoholic beverage use, sales,
or possession is prohibited by Ordinance at the youth softball facilities listed in Exhibit A
and at any future youth softball facilities located on City property.
IV.
Batting cages shall not be open for use by the general public by the Association under any
circumstance, unless the City gives its prior written permission, which permission shall not
be unreasonably withheld. In any event, if the Association receives permission to open
said batting cages to the public, such use shall be under the strict supervision of the
Association. All provisions herein relating to insurance and indemnity to the City by the
Page 2 of 6
covered in this agreement are those specific areas listed in "Exhibit A". The City will
manage all operations related to facility and grounds maintenance at the softball facilities
designated in Exhibit A.
The City has provided, with assistance from the Association, a concession/restroom
facility, and a storage facility as listed in Exhibit A. The concession/restroom facility and
permanent attachments to said facility, are the property of the City. Except as set out
herein, the City agrees to maintain the concession/restroom, and storage structure's
various components including, electrical, plumbing, roofing, and other systems that
contribute to their safe and efficient operation. The restroom portion of the facility is a
shared facility for various uses at Little Cedar Bayou Park and is the property of the City.
The City will provide daily weekday custodial services for the restroom facility and provide
necessary supplies for the restroom facility. Unless specifically marked, parking spaces
at Little Cedar Bayou Park are not reserved and are available on a first -come, first -served
basis.
The Association agrees to operate the Concession facility exclusively and to provide
materials, equipment, supplies, and personnel necessary for operation. Further, the
Association is responsible for furnishing equipment for the batting cages and concession
stands at the youth softball facilities, including but not limited to the following: pitching
machines, microwaves, refrigerators, ice machines, freezers, air conditioners and all other
electrical appliances. The Association is responsible for maintenance of all furnished
equipment in the concession stand and batting cages. The Association agrees to clean the
restroom facilities, in addition to the City's regular cleaning schedule on an as needed
basis, during the Association's use of the facilities to assure that the restrooms are clean
and operable. The Association agrees to clean the concession portion and the batting
cage area of the facility at its expense. All revenues produced by batting cages and
concession operations shall belong to the Association. The Association is responsible for
meeting all applicable laws, ordinances, and codes regarding the following: sales tax,
safety, and any other issue relative to concession operations, batting cage operations, and
conduct of all its activities at the youth softball facilities. Alcoholic beverage use, sales,
or possession is prohibited by Ordinance at the youth softball facilities listed in Exhibit A
and at any future youth softball facilities located on City property.
IV.
Batting cages shall not be open for use by the general public by the Association under any
circumstance, unless the City gives its prior written permission, which permission shall not
be unreasonably withheld. In any event, if the Association receives permission to open
said batting cages to the public, such use shall be under the strict supervision of the
Association. All provisions herein relating to insurance and indemnity to the City by the
Page 2 of 6
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Association shall be applicable. Use of other softball facilities by the public will be limited
to the following conditions: (a) During the period not covered by this Agreement, the public
shall have the right to use the various youth softball facilities for pickup games at any time
during park operating hours, except when the City is conducting maintenance or
construction at the various facilities; and (b) During the period covered by this Agreement,
the public shall have the right to play pickup softball or other field sports games at the
youth baseball facilities listed in Exhibit A, at any time during park operating hours when
no league/team practice, practice game, league game, tournament game, or playoff game
is scheduled; or the fields have not been Specially Prepared for such games (Special
Preparation shall include marking, dragging, watering, painting, or other activity which
would be disrupted or spoiled by indiscriminate use of the facilities by the public).
VI.
The Association shall indemnify and hold harmless the City, its officers, directors, agents,
and employees from and against any and all claims, damages, losses, expenses, and
liabilities, including attorney's fees which may be asserted against or incurred by the City
arising, directly or indirectly, from any activities conducted or services performed by the
Association under this agreement, or from any event occurring on the premises owned by
the City during any period in which activities are being performed, conducted, or
sponsored on the premises by the Association.
VII.
The City shall indemnify and hold harmless the Association, its officers, directors, agents,
and employees from and against any and all claims, damages, losses, expenses, and
liabilities, including attorney's fees which may be asserted against or incurred by the
Association arising, directly or indirectly from any activities conducted or services
performed by the City pursuant to this agreement, or from any event occurring on the
premises owned by the City during any period in which activities are being performed,
conducted, or sponsored on the premises by the City.
Vill.
The Association shall keep and maintain during the term of this agreement, a
comprehensive general liability policy, with the City named as Additional Named Insured,
with limits of liability of not less than One Million Dollars ($1,000,000.00) combined single
limit bodily injury and property damage per occurrence, with a maximum deductible of One
Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation
shall be provided to the City. Effective policy must not exclude participants in the
Association's scheduled or unscheduled activities at the facilities. Other policy exclusions
are permissible, provided that they do not contradict the terms of this Agreement. The
Association shall furnish the City with a Certificate of Insurance evidencing such
Page 3 of 6
Association shall be applicable. Use of other softball facilities by the public will be limited
to the following conditions: (a) During the period not covered by this Agreement, the public
shall have the right to use the various youth softball facilities for pickup games at any time
during park operating hours, except when the City is conducting maintenance or
construction at the various facilities; and (b) During the period covered by this Agreement,
the public shall have the right to play pickup softball or other field sports games at the
youth baseball facilities listed in Exhibit A, at any time during park operating hours when
no league/team practice, practice game, league game, tournament game, or playoff game
is scheduled; or the fields have not been Specially Prepared for such games (Special
Preparation shall include marking, dragging, watering, painting, or other activity which
would be disrupted or spoiled by indiscriminate use of the facilities by the public).
VI.
The Association shall indemnify and hold harmless the City, its officers, directors, agents,
and employees from and against any and all claims, damages, losses, expenses, and
liabilities, including attorney's fees which may be asserted against or incurred by the City
arising, directly or indirectly, from any activities conducted or services performed by the
Association under this agreement, or from any event occurring on the premises owned by
the City during any period in which activities are being performed, conducted, or
sponsored on the premises by the Association.
Vll.
The City shall indemnify and hold harmless the Association, its officers, directors, agents,
and employees from and against any and all claims, damages, losses, expenses, and
liabilities, including attorney's fees which may be asserted against or incurred by the
Association arising, directly or indirectly from any activities conducted or services
performed by the City pursuant to this agreement, or from any event occurring on the
premises owned by the City during any period in which activities are being performed,
conducted, or sponsored on the premises by the City.
Vill.
The Association shall keep and maintain during the term of this agreement, a
comprehensive general liability policy, with the City named as Additional Named Insured,
with limits of liability of not less than One Million Dollars ($1,000,000.00) combined single
limit bodily injury and property damage per occurrence, with a maximum deductible of One
Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation
shall be provided to the City. Effective policy must not exclude participants in the
Association's scheduled or unscheduled activities at the facilities. Other policy exclusions
are permissible, provided that they do not contradict the terms of this Agreement. The
Association shall furnish the City with a Certificate of Insurance evidencing such
Page 3 of 6
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coverage. Such insurance shall include contractual liability insuring the indemnity
agreements contained in this Agreement.
IX.
The Association shall not assign, transfer, convey, sublet or otherwise dispose of the
Agreement, or any part, to any person, partnership, company, corporation, club or
association without prior written consent of the City of La Porte.
X.
This instrument contains the entire Agreement between the parties relating to the rights
granted in the agreement and the obligations assumed as a part of the Agreement. Any
representations or modifications concerning this agreement shall have no force or effect
unless modified in writing, and signed by each party to the Agreement.
XI.
This Agreement shall be in. force for a period of five (5) years beginning with the date of
its execution. At the end of the term of the Agreement, both the City and the Association
have the option to continue the Agreement for an additional five (5) year term. Such option
shall be executed in writing by the Commissioner of the Association and the City Manager,
or his designee. Should either party choose not to exercise their option, the Agreement
shall be considered at an end. During the term of this Agreement, the Association and the
City may enter into separate Agreements regarding future capital improvement projects or
other softball facilities that may be contemplated in the City.
XII.
The Association shall maintain a favorable financial position during the term of this
agreement. The Association will provide annual financial reports to the City comprised of
a balance sheet, revenue statement and expense statement. The City reserves the right
to review the internal financial control structure of the Association and to perform other
audit steps as necessary to protect its interests.
XII1.
If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or
clause, of this Agreement shall, for any reason, not be legally or factually valid, such
invalidity shall not affect the remaining portions of this Agreement.
Page 4 of 6
IN TESTIMONY WHEREOF, this instrument has been executed in duplicate, each to have
the effect of an original as follows:
(A) It has been executed on behalf of the City on the & day of
UA/C , 1999, by its City Manager
and attested by its City Secretary, pursuant to an Ordinance of the City
Council of the City of La Porte, authorizing such execution; and
(B) It has been executed on behalf of the Association on the,:2_day of
, 1999, by its Commissioner and attested by
its Secretary, pubuant to authorization from the Board of Directors of the La
Porte Girl's Softball Association, authorizing such execution.
ATTEST:
����l,
M tha Gillett, City Secretary
A TEST:
Associatio Sec tary
CITY OF LA PORTE
By: Qc T. WLN" .
Robert T. Herrera, City Manager
LA PORTE JGIRUS
ASSOCIATION /
By:
Page 5 of 6
Ebow, Commissioner
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1 *:1:11:3kr_1
There are currently three (3) designated youth softball fields and one (1) additional field
to be completed in the near future, one (1) combination concession/restroom facility, and
two (2) batting cages covered by this Agreement at the date of execution. Additional fields
and facilities that may be added in the future shall be considered a part of this agreement
by signature of both parties. The designated youth softball facilities covered by this
agreement are as follows:
LITTLE CEDAR BAYOU PARK
At the date of execution of this agreement, there are three youth softball fields
located at Little Cedar Bayou Park, 600 Little Cedar Bayou Drive, La Porte, Texas.
La Porte #1 - designated as the youth softball field located north of the
restroom/concession facility, and south of the entrance to Little Cedar Bayou
Park, coming east off Little Cedar Bayou Drive.
La Porte #2 - designated as the youth softball field directly south of La Porte
#1, and south of the restroom/concession facility.
La Porte #3 - designated as the youth softball field directly south of La Porte
#2, bounded on the west side by the Multi -purpose Soccer Field, on the east
by the adult soccer field, and on the south by Bay Forest Golf Course.
La Porte #4 - designated as the future youth softball field bounded on the
west side by the adult soccer field, bounded on the north side by the Little
Cedar Bayou Wave Pool, and on the south by Bay Forest Golf Course.
Lomax #3 - designated as the northernmost field at Lomax Park. Use of this
field will continue until completion and use of La Porte #4 above, begins by
the Association. At that time the use of the Lomax facilities by the
Association will end.
Softball Concession/Restroom Facility - located between La Porte #1 and
La Porte #2 as designated above.
Youth Softball Batting Cages - located directly east of La Porte #3 and
west of the adult soccer field, as designated above.
Page 6 of 6
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LaPovafe qiels Soft6cd] Asso'ciafion
P.O. Box 1281
La Porte, Tx 77572
May 20,1999
Mr. Stephen L. Barr, Director
Parks &Recreation Department
City of La Porte
P.O. Box I1 1-5
LaPorte, Texas 77572-I115
Dear Mr. Barr,
I hereby certify that ;the Agreement between the La Porte Girl's Softball Association (LPGSA)
and the City of La Porte for use of city girl's softballfacilities of Little Cedar Bayou Park was
approved by the Board of Directors of the Association at its regular meeting on May 18, 1999,
subject to approval by the City Council of La Porte
If there are questions or other information regarding this matter, please do not hesitate to
contact me
Sincerely yorfrs,
Bridget Yeary
Secretary
La Porte Girls Softball Association
La Porte, Texas
REQUEST OR CITY COUNCIL AGENDA ITEM*
Agenda Date Requested:
Requested By: John Joel U Department: Administration
Report Resoution X Ordinance
Exhibits:
1. Ordinance No. 9 R ^ V,V 4
2. Exhibit "A"
SUMMARY & RECOMMENDATION
Proposed House Bill 2684 changes existing law as far as school district participation in a TIRZ and also notice
requirements to school districts. Unfortunately, the law, as written, does not specifically address or differentiate
between the creation of a Zone or expansion of a Zone. One interpretation could suggest that the City provide a
60-day notice for expanding a Zone (although this was not the intent). We could proceed (on the intent argument)
and take steps to expand the Zone next month. However, when reviewed by the comptrollers office, the school
districts participation in the "expanded area" could be questioned. The more conservative approach would be to
schedule the hearing on August 9,1999 to avoid the question of interpretation.
Also, there is no specific requirement to pass an ordinance calling for a public hearing to expand the Zone. Again,
I suggest we play it safe by passing such an ordinance. Since Council is on record with their intent to have a
second public hearing on expansion of Zone One, an ordinance calling the public hearing shouldn't be a great
concern.
Action Required by Council:
Consider approval of Ordinance No. establishing August 9, 1999 as the date for a Public Hearing
regarding Tax Increment Reinvestment Zone Number One.
Availability of Funds:
_ General Fund_ Water/Wastewater
_ Capital Improvement- General Revenue Sharing
Account Number: Funds Available: —YES —NO City Manager
ADDroved for Citv Cauncil Agenda
ert T. rrera Date
City Ma ager
ORDINANCE NO. 99-2334
AN ORDINANCE ESTABLISHING A DATE FOR A PUBLIC HEARING ON THE
EXPANSION OF REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS;
CONTAINING FINDINGS RELATING TO THE FOREGOING SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
WHEREAS, the City of La Porte, Texas (the "City") has designated a contiguous geographic
area in La Porte, Texas, as Reinvestment Zone Number One under the provisions of Chapter 311 of the
Texas Tax Code over an area described on Exhibit "A" attached hereto; and
WHEREAS, at the May 24, 1999 Public Hearing regarding creation of Reinvestment Zone
Number One, City Council received public input regarding an expansion of Reinvestment Zone
Number One; and
WHEREAS, the area being considered as an addition to Reinvestment Zone Number One is
predominantly open and, because of obsolete platting, deterioration of structures or site improvements,
or other factors, substantially impairs or arrests the sound growth of the City; and
WHEREAS, prior to the expansion of Reinvestment Zone Number One, the City Council
desires to hold a public; hearing on the expansion of Reinvestment Zone Number One and its benefits to
the City and the property in Reinvestment Zone Number One; and
WHEREAS, the City desires to receive comments of all affected property owners and of other
taxing jurisdictions which levy real property taxes within Reinvestment Zone Number One; and
WHEREAS, the City will conduct a public hearing regarding such expansion on August 9,
1999, at 6:00 p.m.; and
WHEREAS, the City has notified the governing bodies of Harris County, Texas, La Porte
Independent School District, San Jacinto College District, Port of Houston Authority, Harris County
Hospital District, and Harris County Flood Control District, of its consideration of the expansion of the
Reinvestment Zone Number One; and
WHEREAS, the aforementioned governing bodies have been provided boundaries of the
proposed expansion and a report outlining tentative development plans for the Zone and an estimate of
the general impact of the Zone.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. That the findings and recitals in the preamble of this Ordinance are hereby
found and determined to be true and correct and are hereby approved and adopted.
Section 2. That the City hereby confirms its intention to consider expansion of
Reinvestment Zone Number One, City of La Porte, Texas, as shown on Exhibit "A".
•
Section 3. That the City Council establishes the date of August 9, 1999, at 6:00 p.m., in
the City Council Chambers, for a public hearing on the expansion of Reinvestment Zone Number One,
City of La Porte, Texas, under the provisions of Section 311.007 (a) of the Texas Tax Code. The City
Secretary is directed to cause notice of the public hearing to be published in a newspaper of general
circulation in the City not later that the seventh day before the date of the hearing.
Section 4. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code;
and that this meeting has been open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The
City Council further ratifies, approves and confirms such written notice and the contents and posting
therof.
Section S. This Ordinance shall be passed finally on the date of this introduction and shall
take effect immediately upon its passage.
PASSED AND APPROVED, this 1" day of June, 1999.
CITY OF LA PORTE
By: G9'%221 A
Nor1nan L. Malone
Mayor
01 ATTEST: /�
a A. Gillett
City Secretary
Z%"V.% tt . ilia Ila
City Attorney
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Requested By:
XX Report
Exhibits:
REQUEST FOR CITY COUN
AGENDA ITEM
�rtment: Parks & Recreation
_ Resolution Ordinance
1 Sealed Bid #0770 - Remove and Install HVAC Equipment at
Various Park Facilities
2. Bid Tabulation & Bidder's List
SUMMARY & RECOMMENDATION
The City of La Porte has requested formal bids for HVAC equipment at Sylvan Beach
Pavilion, the La Porte Recreation & Fitness Center, and Jennie Riley Recreation Center.
Bidding documents vvere delivered to thirteen contractors. Four (4) contractors returned
bids for the equipment specified; the bids were opened on May 10, 1999.
There were four (4) items in the bid package: Item 1, remove and install a sixty (60)
ton air conditioning unit at Sylvan Beach Pavilion; Item 2, replace coils on existing sixty
(60) ton unit at Sylvan Beach Pavilion; Item 3 Replace four (4) coils on existing chilled
water system at the RFC; and Item 4, replace two each (2 ea.) five (5) ton air
conditioning/heating units at Jennie Riley Recreation Center.
The low bidder meeting specifications for the specified equipment was Curry, Inc. with
a lump sum bid of Seventy Thousand Five Hundred Seventy Dollars ($70,570.00). Funds are
allocated in the Capital Improvement budget and Capital Outlay budget, for these items.
This amount reflects an "All or None" Lump Sum Bid that will save the City approximately $1,200
by awarding the entire bid to Curry, Inc. The bidder has agreed as a part of his bid, to complete
the various installations within 45 days from date of delivery.
Staff Recommendation:
After review, staff recommends that the bid submitted by Curry, Inc., be accepted
as low bidder meeting specifications for this project.
Action Required by Council:
Consider award of bid to Curry, Inc. to remove and install HVAC equipment at Sylvan
Beach Pavilion, the L.a Porte Recreation & Fitness Center, and the Jennie Riley Recreation
Center.
Availability of Funds:
XX General Fund
XX Capital Improvement
N/A
Water/Wastewater
General Revenue Sharing
Account Number: 001-8080-552-8002 Funds Available: XX YES —NO
Account Number: 026-9898-790-1100 Funds Available: XX YES NO
Approved for City Council Agenda
607,5�_ �X7 ,
Rob errera, City Manager D to
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
MAY 17,1999
TO: STEPHEN BARR, DIRECTOR OF PARKS & RECREATION
FROM: SUSAN KELLEY, PURCHASING MANAGER
SUBJ: SEALED BID #0770 — REMOVE AND INSTALL HVAC EQUIPMENT AT
VARIOUS PARK FACILITIES
Advertised, Sealed Bids #0770 — Remove and Install HVAC Equipment at Various Park
Facilities were opened and read on May 10, 1999. Bid requests were mailed to thirteen
(13) vendors with four (4) returning bids.
Curry, Inc. submitted low bid meeting specifications in the amount of $70,570.00.
Please submit your recommendation with an agenda request form by the prescribed time
before the next regular council meeting. If there is a need to delay bringing this bid before
council, please notify me.
Attachment: Bid Tabulation
Bidder's List
BID TABULATION - REMOVE & INSTALL HVAC
EQUIPMENT AT VARIOUS PARK FACILITIES
DESCRIPTION
CURRY, INC.
ECONOMY
HEATING
A/C &
HEATING
McHENRY
MECHANICAL
1) Remove and Install HVAC
$28,609.00
$32,950.00
$36,043.00
NO BID
Equipment at Sylvan Beach Pavilion
2) Replace Coils on Existing HVAC
$21,339.00
$24,831.00
$25,833.00
NO BID
Unit at Sylvan Beach Pavilion
3) Replace 4 Coils on Existing
$13,156.00
$23,511.00
$24,866.00
NO BID
HVAC System at RFC
4) Replace 2 HVAC Units at Jennie
$8,666.00
$7,940.00
$7,351.00
$8,720.00
Riley Recreation Center
TOTAL
$71,770.00
$89,232.00
$94,093.00
$8,720.00
OPTION
"All or None" Bid - Lump Sum
$70,570.00
$87,875.00
$93,196.00
Information reflects prices only, and other factors
may be considered during the evaluation process.
BIDDER'S LIST
SEALED BID #0770
REMOVAL & INSTALL HVAC EQUIPMENT AT VARIOUS PARK FACILITIES
AIR -VALUE INC AIRE BY THARLING
PO BOX 596 1315 HOLLAND AVE
LA PORTE TX 77572 HOUSTON, TX 77029
ARVELL MOORE AIR CONDITIONING
1320 WEST MAIN
LA PORTE TX 77571
BELTWAY AIR CONDITIONING
5419 SYCAMORE
PASADENA TX 77503
ECONOMY HEATING & AIR CONDITIONING
PO BOX 80
LA PORTE TX 77572
MONUMENT MECHANICAL SERVICE
11718 ALAMO
LA PORTE TX 77572
T & L MECHANICAL
1118 E. SAN AUGUSTINE
DEER PARK TX 77536
McHENRY MECHANICAL, INC
8950 WESTPARK #117
HOUSTON, TX 77063
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996
BARRETT'S AIR CONDITIONING
PO BOX 748
LA PORTE TX 77572
COASTAL AIR CONDITIONING
704 WEST MAIN
LA PORTE TX 77571
FINCH AIR CONDITIONING
2301 UNDERWOOD
LA PORTE TX 77571
ROBERT'S A/C & HEATING
10435 CARLOW LANE
LA PORTE TX 77572
CURRY, INC.
7558 DILLON
HOUSTON, TX 77061
BAYSHORE SUN PUBLISH DATES:
APRIL 25, 1999
MAY 2, 1999
0 0
• CITY OF LA PORTS •
May 21,1999
TO: Mayor and City Council
FROM: Robert T. Herrera, CityAanager
SUBJECT: Grand Opening of Fleet Fueling Facility
The City of La Porte's Fleet Fueling Facility has just been completed. This facility provides a state -of -the art
central fueling facility for the City, which can be utilized on a 24-hour basis without any manpower. It eliminates
a large amount of manual tracking of fuel consumption and employee time as well as eliminating the need for the
fuel tank at the Police Department Building. This will allow the City to operate more efficiently and save money
in the long term. The facility has the capability of operating on stand-by power during power outages caused by
storms or other disasters. The long-range plan is for this facility to be hooked into the Emergency Operations
Center Standby Generator when that facility is constructed.
An opening ceremony is scheduled immediately following June 1, 1999 City Council Me . The facility is
located across the street from the EMS Building on North C Street and directly behind the Public Works
Facilities on North 23'd Street. Should your schedule permit, you are invited to attend this ceremony.
0 •
MEETING HANDOUTS
0006 CITY MALL Page 1
19*01:44 29-May-1999 Early Ball Only
RUNOFF ELECTION
CITY OF LA FORTE, TEXAS
MAY 29. 1999
Fosn Count Fct
Ballots Cast - TOTAL . 163
COUNCILFERSON, DISTRICT 6
JERRY CLARKE . 1 121 74.23
BRUCE MEISMER 2 42 25.77
Overvotes . 0
Undervotes . 0
We, the undersigned, certify that the above results
are true and correct.
Signed:
cumulative report
19Ak12:4& 29-May-1999 Early Bal0 Only
RUNOFF ELECTION
CITY OF LA GORTE, TEXAS
MAY 29, 1999
Ballots Cast - TOTAL
COUNCILGERSON, DISTRICT 6
JERRY CLARKE .
BRUCE MEISMER . .
Overvotes . . . .
Undervotes
Gage 1
Total Gct
163
121 74.23
42 25.77
0
We, the undersigned, certify that the above results
are true and correct.
Signed:
E A) Mr, Y�
0006 CITY HALL
19:18:4,9 29-May-1999
Election Ballots
Only
Rage 1
RUNOFF ELIR
CITY
OF LA RORTE, TEXAS
MAY 29, 1999
Rosn
Count Pet
Ballots Cast - TOTAL
.
134
COUNCILRERSON, DISTRICT
6
JERRY CLARKE .
1
69 52.27
BRUCE MEISMER
2
63 47.73
Overvotes .
0
Undervotes
2
We, the undersigned,
certify that the above
results
are true and correct.
Signed:
cumulative report Rage 1
19:19:50 29-May-1999 Election 0 Ballots Only 46
— RUNOFF ELECTION
CITY OF LA RORTE, TEXAS
MAY 29, 1999
Total Rct
Precincts Counted - TOTAL 1 100.00
Ballots Cast - TOTAL . 134
COUNCILRERSON, DISTRICT G
JERRY CLARKE . 69 52.27
BRUCE MEISMER 63 47.73
Overvotes . 0
Undervotes 2
We, the undersigned, certify that the above results
are true and correct.
Signed:
final cumulative -report page 1
19:21:34 29-May-1999 Combined tion Day & Early Ballots
.. RUNOFF EL TION
CITY OF LA FORTE, TEXAS
MAY 29, 1999
Total pct
Precincts Counted - TOTAL 1 100.00
Ballots Cast - TOTAL . 297
COUNCILpERSON, DISTRICT 6
JERRY CLARKE . 190 64.41
BRUCE MEISMER 105 35.59
Overvotes . . . . 0
Undervotes 2
We, the undersigned, certify that the above results
are true and correct.
Signed:
Z'
0006 CITY HALL Page 1
19:23:13 E9-May-1999 Combined Otion Day & Early Ballots •
RUNOFF ELECTION
CITY OF LA PORTE, TEXAS
MAY 29, 1999
Posn Count Pct
Ballots Cast - TOTAL . . . . . . 297
COUNCILPERSON, DISTRICT 6
JERRY CLARKE . . 1 190 64.41
BRUCE MEISMER . 2 105 35.59
Overvotes . . . . . . . . 0
Undervotes . 2
We, the undersigned, certify that the above results
are true and correct.
Signed:
FINAL OFFICIAL CANVASS
19:23:37 29-May-1999
Rt7NOFF ELECTION
CITY OF LA PORTE, TEXAS
MAY 29, 1999
1 Ballots Cast -- TOTAL
1
0006 CITY HALL 297
TOTAL 297
ELEC.DAY 134
EARLY 163
We, the undersigned, certify that the above results
are true and correct.
Signed:
. Page 1
FINAL OFFICIAL CANVASS
193.3.7 29—May-1999
r
COUNCILPERSON,
1
2
3
4
0006 CITY HALL
TOTAL
ELEC.DAY
EARLY
Page 2
RUNOFF ELECTION
CITY OF LA PORTE, TEXAS
MAY 29, 1999
DISTRICT 6
JERRY CLARKE
DRUCE MEISMER
Overvotes
Undervotes
I......2......3......4
190
105
0 2
190
105
0 2
69
63
0 2
121
42
0 0
We, the undersigned, certify that the above results
are true and correct.
Signed:
91