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HomeMy WebLinkAbout1999-06-01 Special Called Regular Meeting• 0 0 • 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 • 0 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 0 • 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 0 0 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 0 • 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 • C� 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 0 • 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 %M %% 0 0 5) • u 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