HomeMy WebLinkAbout2001-05-08 Special Called Workshop Meeting and Public Hearings
MINUTES OF THE SPECIAL CALLED WORKSHOP MEETING AND PUBLIC ,
HEARINGS t
OF LA PORTE CITY COUNCIL \
MAY 8, 2001 '
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, James Warren, Charlie Young,
Jerry Clarke, and Norman Malone.
Members of Council Absent: None
Members of Cit~Executive Staff and City Employees Present: City Manager Robert T.
Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, City Secretary
Martha Gillett, Finance Director Cynthia Alexander, Director of Administrative Services
Louis Rigby, Parks and Recreation Director Stephen Barr, Public Works Director Steve
Gillett, Administrative Assistant Carol Buttler, Purchasing Manager Susan Kelley,
Emergency Services Director Joe Sease, Planning Director Doug Kneupper, City
Manager's Secretary Sara Urich and Police Chief Richard Reff.
Others Present: Neal Welch, Charles Underwood, Charlie Perry, Ms. Ogden, Charlie
Hinds, Nick Barrera, Deborah Johnson, Colleen Hicks and a number of citizens.
2. Reverend, Randy Young of St. Mark's Methodist Church delivered the invocation.
3. Council considered approving the minutes of the Regular Meeting on Apri123, 2001.
Motion was made ~ Counci~erson Clarke to approve the minutes of the Regular
Meeting on Apri123, 2001 as presented. Second by Councilperson Griffiths. The motion
carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: Porter
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAXPAYERS WISHING TO ADDRESS COUNCIL.
The following citizens addressed City Council:
Charlie Hinds -11521 North L. Street, La Porte, Texas 77571 - Mr. Hinds requested
City Council move the flood control ditch located near his home.
Charlie Perry - 127 North 4~' St., La Porte, Texas 77571 - Mr. Perry thanked Mr. Gay for
his years of service serving as Councilmember District 4. In addition, he informed
Council he looked forward to continuing working with the City on the various projects
currently underway.
• •
City Council Minutes 5-8-01 -Page 2
5. Council considered approving an ordinance declaring the results of the election held in
the City of La Porte on May 5, 2001 for the election of Councilperson At Large Position
A; Councilperson District 4; Councilperson District 5.
City Attorney read the results of the final canvass of votes at the May 5, 2001 General
Election. In the race for Councilperson At Large APosition aRun-off Election will be
held on June 2, 2001 between Louis Rigby and Peter Griffiths. In the race for District 4;
James Warren 97, Deotis Gay 65. In the race for District 5, Charlie Young was
unopposed with 117 votes. Councilperson James Warren was elected. Councilperson
Charlie Young was re-elected.
City Attorney read: ORDINANCE 2001-2486. - AN ORDINANCE DECLARING THE
RESULTS OF THE ELECTION HELD IN THE CITY OF LA PORTE ON MAY 5,
2001, FOR THE ELECTION OF COUNCILPERSONAT LARGE POSITION A;
COUNCILPERSON DISTRICT 4; AND COUNCILPERSON DISTRICT 5; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTNE DATE HEREOF.
Motion was made by Councilperson Clarke to approve the Ordinance as presented by the
City Attorney Second by Councilperson Griffiths. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Malone.
Nays: None
Abstain: None
6. Mayor Norman Malone administered the Oath of Office to District 4 Councilperson
James Warren and District 5 Councilperson Charlie Young.
Council considered approving an ordinance appointing a member of City Council to
serve as mayor Pro-Tem for the period of May 9, 2001 through May 7, 2002.
City Attorney read ORDINANCE 2001-2488 - AN ORDINANCE APPOINTING A
MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO-TEM OF THE
CITY OF LA PORTE, FOR THE PERIOD MAY 9, 2001 THROUGH MAY 7, 2002;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Sutherland to appoint Chuck Engelken as Mayor Pro
Tem. Second by Councilperson Porter. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke and
Malone.
8. PUBLIC HEARING - Zoning Ordinance -Council discussed the rezone request 15.746
acres of land located on the south side of Spencer Highway between a pipeline easement
and Rizzuto Elementary's access drive , to the east of La Porte Fire Station No. 2.
Open Public Hearing -Mayor Malone opened the Public Hearing at 6:22 P.M.
• •
City Council Minutes -Page 3 - 5-8-01 Meeting
Review by Staff Planning Director Doug Kneupper presented summary and answered
Council's questions.
Public Input -Nick Barrera - 9510 Carlow -raised questions regarding the traffic light
locations near this area.
Recommendation of Staff -Planning Director Doug Kneupper informed City Council the
Planning and Zoning Commission recommended approving this request.
Close Public Hearing -Mayor Malone closed the Public Hearing at 6:45 P.M.
9. Council considered approval of Rezone Request # RO1-002 and Ordinance # 1501-QQ
City Attorney read: ORDINANCE 1501-QQ - AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONLU REFERRED TO AS THE ZONING ORDINANCE OF THE CITU OF
LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF THAT CERTAIN
PARCEL OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF
FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Ebow to approve Ordinance 1501-QQ as presented
by Mr. Kneupper and recommended by the Planning and Commission. Second by
Councilperson Sutherland. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Young, Clarke, and Malone.
Nays: None
Abstain: Warren
10. Council considered approving a resolution authorizing the City of La Porte to join with
the Houston-Galveston Area Council as incorporators of the H-GAC Energy Purchasing
Corporation.
City Manager Robert Herrera presented summary and recommendation and answered
Council's questions.
City Attorney read: RESOLUTION 2001-03 - A RESOLUTION AUTHORIZING THE
CITY OF LA PORTE, TEXAS TO JOIN WITH THE HOUSTON-GALVESTON AREA
COUNCIL AS INCORPORATORS OF THE H-GAC ENERGY PURCHASING
CORPORATION.
Motion was made by Councilperson Griffiths to approve Resolution 2001-03- as
presented by Mr.Herrera. Second by Councilperson Clarke. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
• •
City Council Minutes 5-8-01 -Page 4
11. Council considered approving an ordinance authorizing the City of La Porte and Kevin
O'Brien dba Gulf Coast Concessions and Catering to enter into an agreement to provide
concession at Little Cedar Bayou Wave Pool.
Parks Director Stephen Barr presented summary and recommendation and answered
Council's questions.
City Attorney read: ORDINANCE 2001-2489 - AN ORDINANCE AUTHORIZING;
AND APPROVING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND
KEVIN O'BRIEN DBA GULF COAST CONCESSIONS AND CATERING FOR
PROVISION OF FOOD, BEVERAGE, AND CONCESSION SERVICES AT LITTLE
CEDAR BAYOU WAVE POOL ACCORDING TO THE TERMS AND PROVISIONS
OF THE AGREEMENT MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING FOR AN EFFECTNE DATE HEREOF.
Motion was made by Councilperson Porter to approve Ordinance 2001-2489 as presented
by Mr.Barr. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None.
12. Council considered approving an ordinance authorizing the City Manager to execute a
contract with Brooks Concrete, Inc. in the amount of $26,605.60 and authorizing
$1330.00 contingency for the City-Wide Sidewalk Replacement Project.
Planning Director Doug Kneupper presented summary and recommendation and
answered Council's questions.
City Attorney read: ORDINANCE 2001-2490 - AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
BROOKS CONCRETE, INC. FOR THE CITY-WIDE SIDEWALK REPLACEMENT
PROJECT APPROPRIATING $ 27,935.60 TO FUND SAID CONTRACT; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTNE DATE.
Motion was made by Councilperson Young t, o approve Ordinance 2001-2490 as
presented by Mr.Kneup~er. Second by Councilperson Clarke. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
City Council Minutes 5-8-01 -Page 5
13. Council considered authorizing the City Manager to sign a revised agreement with HCC
to provide stop loss insurance.
Human Resources Director Louis Rigby presented summary and recommendation and
answered Council's questions.
Motion was made ~ Councilperson Sutherland to approve the authorization as presented
by Mr.Ri~by. Second by Councilperson Griffiths. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
14. Consent Agenda
A. Consider authorizing the purchase of audio/visual equipment from Audio Visual
Technologies Group, Inc. - C. Buttler
B. Consider authorizing the purchase of computer equipment from Dell Computer
Corporation - S. Kelley
C. Consider authorizing the purchase of flexible base crushed limestone to Gulf
Coast Limestone - S. Gillett
Councilperson Young made a motion to vote on all Consent Agenda items together and
approve items presented. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
15. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. May 14~' and 28`" Meetings are cancelled -Special Called Meeting to be held
May 21 S`
B. May 28, 2001 -City will observe Memorial Day Holiday.
16. COUNCIL COMMENTS
There were comments from Council members Sutherland, Engelken, Ebow, Griffiths,
Porter, Warren, Young, Clarke and Mayor Malone.
City Council Minutes 5-8-01 -Page 6
17. EXECUTIVE SESSION -PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS
GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY,
DELIBERATION REGARDING REAL PROPERTY, DELIBERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS,
CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING
SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
A. 551.071 (Consultation with Attorney)
Meet with City Attorney on pending claims against city.
Council retired into executive session at 7:17 P.M.
Council returned to the table at 8:15 P.M.and took action on Item No. 13.
18. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
Council took action on Item No. 13.
19. ADJOURNMENT
There being no further business to come before Council, the Special Called Meeting was
duly adjourned at 8:17 P.M.
Respectfully submitted,
Martha Gillett
City Secretary
Passed and approved on this 21 S` da of May 2001.
`~~~ ~~ ~~
N rman Malone, Mayor
ORDINANCE NO. 2001- a4~(p
AN ORDINANCE DECLARING THE RESULTS OF THE ELECTION HELD IN THE CITY
OF LA PORTE ON HAY 5, 2001, FOR THE ELECTION OF COUNCILPERSON AT
LARGE, POSITION A; COUNCILPERSON DISTRICT 4; AND COUNCILPERSON
DISTRICT 5; 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 5th day
of May,
2001,
an election for the purpose of electing
Councilperson at Large, position A; Councilperson District 4; and
Councilperson District 5; 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-AT-LARGE--POSITION A
Dave Turnquist 112
Wayne Acton 86
Deborah Johnson 159
Jack Walston 31
Louis Rigby 282
Peter Griffiths 385
COUNCILPERSON DISTRICT 4
James Warren 97
Deotis Gay 65
COUNCILPERSON DISTRICT 5
Charlie Young 117
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-AT-LARGE--POSITION A
Runoff Election Saturday, June 2, 2001
Between Louis Rigby and Peter Griffiths
COUNCILPERSON DISTRICT 4
James Warren 97
COUNCILPERSON DISTRICT 5
Charlie Young
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.
2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 8th day of May, 2001.
By:
ATTEST:
~'" a, 1Iu.it1
Mar a . Gillett
City Secretary
APP~W L
Knox W. Askins
City Attorney
3
City of La Porte
District 5 District 6 Total Grand Total
BV I REG EV REG. lEV IREG I I I
5-May-01 District 1
EV REG
J Large A I
lave Turnquist I! I I t II II I /1 1\ l' I ILl II ~ I b I I if I <J ' II 1/ I IS I I il S I "q II / I d.. I
fayne A. Acton I l' I /3 I I J. I q II 1- 1 b 1\ I \ ~ Iii I 13 II /3 I q \ I ~ \ s if \ 1 g 10 I
'eborahL.Johnson lid. I is II S 1/9 1\ /{ I /4 II /4\.23 \ I /0 I/:J-II i:<\ 1311 tL/ IqS-11 J-'S--q I
ack Walston I I) I j I I I I D II I I sll I I 3 I I i LJ LlI.. J. I j I I ~ I ;).:) II 3 I I
ouisRigby I J~ I Jj II g I '71\ 1.113511 bl;1.0 II ~5' 14:~ II 3t,1 ~311/tJ4111gll dS.:L I
teterE. GriffithS. l,S I 10711 IS" I J-711 J-/ 153 II /j I 3d- I I J-q Lw \ 4JI;)'1 II j35-L~D 1\38-';- I
. .
;ouncil "4" I
>eotis "Dee" Gay
;ouncil "5" . I
I ~l/ I 1'3 1
J 71 ifg I
I ~41'7 3 II 91)
I i 1 I ifg II ~S-
ames A. Warren
~arlie Young
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?0;J2~29 5-May'-2001
J[iIr~T ELECTIONS
Ct-~\: OF t_A PORTE, 'l.EX;~S A~~D
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Signf.(',j i
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i'''\'S"~SE
b
ORDINANCE NO. 2001-~Lf~cg
AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS
MAYOR PRO-TEM OF THE CITY OF LA PORTE, FOR THE PERIOD MAY 8, 2001,
THROUGH MAY 8, 2002; 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 of the City of La Porte hereby
appoints ChUfJ: tY\j~( ken to serve as Mayor Pro-Tem of the City
of La Porte, for the period May 8, 2001, through May 8, 2002, or
until his successor shall have been duly appointed and qualified.
section 2.
The Mayor Pro-Tem shall serve in such office
during said term, during the absence or incapacity of the Mayor and
shall do all things, perform all duties, and in fact have all the
powers and duties of the Mayor of the City of La Porte during such
absence or incapacity of the Mayor.
section 3.
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 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
ORDINANCE NO. 2001- ~1f~~
PAGE 2
PASSED AND APPROVED, this 8th day of May, 2001.
By:
OF LA PORTE
ATTEST:
~1Iit7j!t. 4.f/tI
M tha A. Gillett
City Secretary
APPROVED:
Knox
City
REQUEST FOR CITY COUNCIL AGENDA ITEM
Ordinance
Area Map
Mail Out Response
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES NO
Agenda Date Requested: May 8,2001
Requested B~: Doug Kn",ppe~
Department: Plannin2
Report: -LResolution: _Ordinance: ~
Exhibits:
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their April 19, 2001 meeting, held a public hearing to receive citizen
comments regarding Rezone Request #R 01-002. The applicant is requesting this rezoning from General
Commercial (GC) to Low-Density Residential (R-I) to provide for single-family dwellings.
The total tract in question comprises 15.746 acres of land located on the south side of Spencer Highway between a
pipeline easement and Rizzuto Elementary's access drive, to the east of La Porte Fire Station No.2. As stated in the
request, this rezoning would change 14.2 acres to Low-Density Residential (&1) while the remaining 1.5 acres, with
frontage along Spencer Highway, would retain its current General Commercial (GC) zoning.
Review of the City's adopted Land Use Plan indicates this area is envisioned as developing with mid-tehigh density
residential, where single-family dwellings are permitted by the Zoning Ordinance. Development of adjacent
property is a mix of residential (Fairmont Park East, Sections 3 & 4), religious (Fairmont Park Baptist Church),
educational (Rizzuto Elementary School), and commercial retail (neighborhood stores). Spencer Highway, a
primary arterial, can easily accommodate the traffic generated by this proposed development. Public utilities are
already located in the vicinity. However, it will be developer's responsibility to provide any structures or
improvements necessary for provision of services to this development. Storm water drainage or detention will be
reviewed with the submittal of project development plans.
Staff :fmds the requested change conforms to the intents of the Comprehensive Plan and would be compatible to the
uses of surrounding properties. Development within the subject tract should not negatively impact nor harm the
value of the surrounding properties. In addition, there would not be a significant impact on traffic conditions or
utilities in the area.
Thirty-one notices of public hearing were mailed to surrounding property owners; three responses were received (2
in favor, 1 opposed) and are attached. The Planning and Zoning Commission, by a 3-2 vote, has recommended City
Council approval of Rezone Request #R 01-002.
Options available to Council: 1. Table the item until a specified future meeting date
2. Approve the recommendation from P & Z with a simple majority
3. Disapprove the recommendation from P & Z with a% majority
Action Required by Council:
1. Conduct public hearing.
2. Consider approval of Rezone Request #R 01-002.
Approved for City Council A2enda
Q~ T. i1'JL~'-~
Robert T. Herrera, City Manager
15'3.-0\
Date
ORNINANCE NO. 1501.~
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING
CLASSIFICA TION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DA TE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 19th day of April 2001, at 6:00 p.m. a Public
Hearing was held before the Planning and Zoning Commission of the City of La Porte,
Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551,
Texas Government Code, to consider the question and the possible reclassification of
the zoning classification of the hereinafter described parcels of land. There is attached
to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part
hereof for all purposes, a copy of Notice of Public Hearing which the City Council of the
City of La Porte hereby finds was properly mailed to all owners of all properties located
within two hundred feet (200') of the properties under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof
for all purposes.
"Section 3. Immediately following such public hearing on April 19, 2001, the
Planning and Zoning Commission of the City of La Porte met in regular session to
consider changes in classification, which were the subject of such public hearing. The
City Council of the City of La Porte is in receipt of the written recommendations of the
City of La Porte Planning and Zoning Commission, by letter dated April 20, 2001, a true
copy of which letter is attached hereto as Exhibit "e", incorporated by reference herein
and made a part hereof for all purposes.
ORDINANCE NO. 1501- Jl{)
Page 2
"Section 4. Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed classification changes and the recommendation of the
Planning and Zoning Commission on the 8th day of May, 2001, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0",
incorporated by reference herein and made a part hereof for all purposes, a copy of the
notice of public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
"Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the
zoning classification of the hereinafter described parcels of land, situated within the
corporate limits of the City of La Porte, is hereby changed, and the zoning classification
of said parcels of land shall hereafter be "R-1 - Low Density Residential." The
description of said parcels of land rezoned to Low Density Residential is as follows,
to-wit:
TR 3A & 4A, Block 3, W. J. Payne Subdivision, La Porte, Harris County, Texas.
"Section 7. The City Council of the City of La Porte hereby finds, determines,
and declares that all prerequisites of law have been satisfied and hereby determines and
declares that the amendments to the City of La Porte Zoning Map and Classification
contained in this Ordinance as amendments thereto are desirable and in furtherance of
the goals and objectives stated in the City of La Porte's Comprehensive Plan.
ORDINANCE NO. 1501-.$.Q.
Page 3
"Section 8. 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 9. This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the <gH-
day of May, 2001.
By:
ATTEST:
'-
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will cond).lct a pUQlic hearing at 6:00 P.M. on the 19th
day of April, 2001, in the Council Chambers of the City Hall, 604 West Fairmont PaIkway, La
Porte, Texas. The purpose of this hearing is to consider rezone request #R 01-002, which has been
requested for TR 3A & 4A, Block 3, approximately 15.1542 acres of land situated in the W. J.
Payne Subdivision, La Porte, Harris County, Texas. The property in question is located along
Spencer Highway across from La Porte Municipal Airport. The request, submitted by Mr. Eddie
Gray, Trustee for Fairmont Park, N., seeks to have the property in question rezoned from General
Commercial (GC) to Low-Density Residential (R-l). The purpose of the zone change is to provide
for Single-family dwellings.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining.to
the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
f'EXH I BIT A.
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.__. .~.(~. .~;:_~.....:~:;.,:"---+'r'___"'--"__,_"",,,; ...-_,~. .:_________ _.__._.. _~_. .._ ___~~.....+.~,._o<*'__'__"".'___~_'
,- -----=--.........:--
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1200 Hwy. 146
Suite 150
P.O. Box 1414
La Porte, Texas 77571
'--*. .- .-=---- _._=:~:';==::,,.~~~-~~'
281-473
Fax: 281.,
E-mail: baysu
THE ST.trE OF ,~XAS ~
COUNTY OF HARRIS
CITY OF LA PORTE
.'re Su
NOTICE OF PUBLIC
HEARING
City of La Porte
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a semi-weekly
newspaper published and generally distributed in the
City of La Porte, Harris County, Texas and who after-:
being duly sworn, swears the attached notice was
published in The Bayshore Sun dated 3/28/01
~AO~lt'ift/~
Karolyn Kellogg
Authorized Representative
Sworn and subscribed before me this ,.J, Lf- -r H day of p
,2001.
~1 6<~~,-
Sandra E. Bumgarner
Notary Public
Harris County, Texas
In accordance
with the provisions of Sec-
tion 106-171 ot the Code
of Ordinances ot the City
: o! La Porte, and the provi-
sIons ot the Texas Local
Govemment Code, notice
, is hereby given that the La
: . Porte Planning and Zoning
, Commission will conduct a
; pUblic hearing at 6:00 P.M. ,
on the 19th day of AprlJ,
2001, in the Council
Chambers ot the City Hall,
604 West Fairmont Park- '
way, La Porte, Texas. The
purpose ot this hearing is :
to consider rezone request :
'#R 01-002, which has
been requested tor TR 3A
& 4A, Block 3, approxi-
mately 15.1542 acres ot
land situated in the W.J.
Payne Subdivision, La ~
Porte Harris County /
Texas. The property i~
question is located along
Spencer Highway across
trom La Porte Municipal
Airport. The request. sub-
mitted by Mr. Eddie Gray;
Trustell~' r F~)rmont Park.
JV., !e~. have the
property,,: question rei-
oned tr6.. Gene. . Com-
mercial . l -Den-
sity Re, de'?r.}> (~. The
purpose ~ the zone
c~ange is to provide tor
Single - tamily dwellings.
. A regular meet-
Ing .ot the Planning and
Zomng Commission will
tollow the public hearing
tor the purpose ot acting
upon the pUblic hearing
. Items and to conduct other
matter pertaining to the
Commssion.
Citizens wishing ~
to address the Commis-
sion pro or con during this
Public Hearing will be re-
quired to sign in betore the
meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
EXHIBIT .8
City of La Porte
Established 1892
April 20, 2001
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Rezone Request #R01-002
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its April 19, 2001,
meeting, held a public hearing to consider Rezone Request #R01-002. The
applicant, Eddie V. Gray, Trustee, Fairmont Park, JV. seeks to rezone
15.746 acres on the south side of Spencer Highway, further described as
TRS 3A & 4A, Block 3, W. J. Payne Subdivision, La Porte, Harris County,
Texas. The applicant seeks to have the property rezoned from General
Commercial (GC) to Low-Density Residential (R-1).
The Planning and Zoning Commission has recommended approval of Rezone
Request #RO 1-002.
Respectfully submitted,
110~ r
Betty T. Waters
Chairperson, Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
(i
EXHiB\T \J
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 8th day of May, 2001, in
the Council Chambers of the City Hall, 604 West Faitmont Patkway, La Porte, Texas. The purpose
of this hearing is to consider rezone request #R. 01-002, which has been requested for TR 3 A & 4A,
Block 3, comprises 15.746 acres ofland out of W. 1. Payne Subdivision, La Porte, Harris County,
Texas. The property in question is located along south side of Spencer Highway east of La Porte
Fire Station #2. The request, submitted by Mr. Eddie Gray, Trustee for Fairmont Park, N., seeks to
have the property in question rezoned from General Commercial (GC) to Low-Density Residential
(R-l). The purpose of the zone change is to provide for Single-family dwellings.
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
EXHIBIT
.~. -..-..".-.----
_..._.....~____..........._".~_u__
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_=::.::=:~:-...::-.~;i ~~-::~=,':~"~=---Z~,_____~~-,,:. ...~~..c;;c.:'C::'-~"""::':--,~::-~--:~>=~--- -___~ ..~ _ _ _::,=:.;.::::.-,'::"':':-:::::'='':':'=-~::::-~~, THE ST ATE.Qf..JJ;~S
I .n _ ';'.:- _ .......,...'~_.-<-'-'.--"-"==__---:__ ..._~:. _,~;;..____ ..,:=___-""':=-=. ___.;.'.~
1200 Hw}. 146 281-47 COUNTY OF HARRIS
Suite 150 Fax: 281. CITY OF LA PORTE
P.O. Box 1414 E-mail: baysl
La Porte, Texas 77571
NOTICE OF PUBLIC
HEARING
Sin accordance
tl with the provisions of Sec-
tion 106-171 of the Code
of Ordinances of the City
of La Porte, and the provi-
sions of the Texas Local
Government Code. notice
is hereby given that the La
Porte City Council will con-
duct a hearing at 6:00
P.M. on the 8th day of
May I 2001, in the Council
Chambers of the City Hall,
604 West Fairmont Park-
way, La Porte, Texas. The
purpose of this hearing is
to consider rezone request
#R 01-002. which has
been requested for TR 3A
& 4A, Block 3, comprises
15:746 acres of land out of
W.J. Payne Subdivision.
La Porte, Harris County.
Texas. The property in
que . on is I. ated along
th s' ~f Spe r
Hi et rte
Fire S . re-
quest, ~'tted y Mr.
Eddie a >r tee for
Fairmo P .., seeks
to have the roperty in
question rezoned from
General Commercial (GC)
to Low- Density Residen-
tial (R-1). The purpose of
the zone change is to pro-
vide for Single-family
dwellings.
City of La Porte
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a semi-weekly
newspaper published and generally distributed in the
City of La Porte, Harris County, Texas and who after:
being duly sworn, swears the attached notice was
published in The Bayshore Sun dated 4/22/01
~Miqv J:j t~
Karolyn Kellogg
Authorized Representative
,~t.? TI-f
day of ~
Sworn and subscribed before me this
,2001.
~A&~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
A regular meet-
ing of the City Council will
follow the public hearing
for the purpose of acting
upon the public hearing
items and to conduct other
matters pertaining to the
Council.
Citizens wishing
to address the Council pro
or con during the Public
Hearing will be required to
sign in before the meeting
is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
EXHIB\T':~
A Meeting of the La Porte
pl~nning and Zon.ing Commission
(Type of Meeting)
Scheduled for
~ffrl/;r
PlANN\NG
Apri119, 2001
(Date of Meeting)
to Consider
Rezone Request #R 01-002
(Type of Request)
I havf:~:~~n,2~,C,~\Of the above referenced public hea,ring.
I am ~ting this request for the following reasons:
N:.Jd ~K ~~.~ ?~~ ~~~I
~Lj /f'n1!Aj ~/1A~' /
. ~
I am OPPOSED to granting this request for the following reasons:
(
/ 08.21 S->>/rt1~ L
Addrer
L ;:'J-f~ (K,
City, te, Zip
Or. (U .!L
7? S-1/
A Meeting of the La Porte
RECEIVED
4-8-01.
PLANNING
Plannin2' and Zonin2' Commission
(Type of Meeting)
Scheduled for
Apri119, 2001
(Date of Meeting)
to Consider
Rezone Request #R 01-002
(Type of Request)
I have received notice of the above referenced public he~g.
I am in FAVOR of granting this request for the following reasons:
La Porte Independent School District Supports the new construction of
high-Quality, affordable single family homes within the City and District
boundaries.
I am OPPOSED to granting this request for the following reasons:
----}-
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La Porte, TX 77571
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I have received notice of the above referenced public he~g.
I am in FAVOR of gr.mting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
April 25, 2001
TO:
Mayor and City Council
FROM:
Robert T. Herrera, City Manager
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Electric Deregulation
SUBJECT:
During the May 8, 2001 City Council meeting, you will be asked by Staff to support a
resolution to partnership and join H-GAC to become a Political Subdivision Corporation (PSC)
named H-GAC Energy Purchasing Corporation. H-GAC is requesting that the City of La
Porte join H-GAC as the initial, creating political subdivisions.
We the Staff believe this is the appropriate direction to take and recommend it to you. We are
familiar with H-GAC and have enjoyed a long and positive relationship with them. By being
the first to join with them we help them achieve state recognition as a pool aggregate. The
adoption of the Resolution is one of participation only. The City is not committing itself to
buying electrical power from H-GAC at this time. A second Resolution will be needed for a
commitment to occur.
History
In 1999 the Texas Legislature passed Senate Bill 7 that deregulates retail electric power. This
means customers may now shop for electricity from various Retail Electric Providers (REPs)
for the best price. Customers that have chosen a REP by January 1, 2002, will continue to be
provided service from an affiliated REP or Provider of Last Resort (POLR). However,
pricing will no longer be regulated by the Public Utilities Commission (PUC) and prices are
expected to increase.
During the past three years, our electrical costs have remained fairly steady. The total cost of
all electrical bills, by year, as are follows:
. 1998 - $943,606
. 1999 - $943,597
. 2000 - $968.745
During the year 2000, this averaged out to $80,728 per month.
Electrical Deregulation
Page 2
There are several options for the City of La Porte to handle the deregulation of electricity.
1. Don't do anything - We can always make any changes after January 1, 2002.
Pasadena ISD is taking this approach.
2. Self-aggregation - Invite Requests for Proposals (RFPs) for City facilities.
3. Buying Pool - Interlocal Agreement with at least one other governmental entity. The
other entity must be in Texas, but otherwise, there is no location restriction.
4. Political Subdivision Corporation (PCS) - Non-profit organization to aggregate the
load of different entities and purchase power on their behalf.
There are several organizations that are applying to become Political Subdivision
Corporations, including H-GAC, CCG Consultants, and Cities Aggregation Power Project
(CAPP). There are also several pilot programs requiring sign-up by March 15th or the very
near future, including Texas Electric Choice and Texas General Land Office.
The PCSs mentioned are contacting government entities to sign on with them as soon as
possible, with most having deadlines ranging from March to April. The immediate deadline is
to allow them time to send out RFPs to obtain pricing. However, a major problem appears to
be that the PCSs are also unclear of the future. They are unsure of contract lengths, how
REPs will respond, and what to charge for their service. The only fee I know for sure is
CAPP, who is charging a one-time fee of 1 % of the entity's 2000 electric bill. In our case,
the fee would be $9,687.45. If we join H-GAC our one-time fee of lh a percent would occur
($4,843.00).
RTH: su
Attachment
cc: Martha Gillett
John Joerns
Houston-Galveston Area Council
Office of the Executive Director
PO Box 22777. 3555 Timmons. Houston. Texas 77227-2777. 713/627-3200
April 18, 2001
The Honorable Norman Malone
Mayor, City of La Porte
P.O.Boxl115
La Porte, Texas 77572-1115
Dea~:-"-
I am writing to request that the City of La Porte join with the Houston-Galveston Area Council in
forming the H-GAC Energy Purchasing Corporation.
As you know, state law restructures the electric industry and deregulates rates at the retail level
effective January 1,2002. Local governments will need to make decisions about how to purchase electric
power in this new deregulated environment.
State law permits local government to join together to purchase electric power through a non-
profit corporation. H-GAC's Board of Directors has approved formation of the H-GAC Energy
Purchasing Corporation as means to aggregate demand and thereby leverage local government purchasing
power. Councilman Sutherland will be Chairman of the new corporation.
The authorizing legislation specifically requires that two or more political subdivisions join
together in forming the corporation. We are requesting that the City of La Porte join H-GAC as the
initial, creating political subdivisions.
Attached to assist you in taking action on are-I) a resolution indicating that La Porte joins in
participating in the corporation, 2) articles of incorporation, and 3) corporation bylaws. As drafted, the
resolution does not specifically require La Porte to make a decision on purchasing electricity through the
corporation until later this year. In addition, H-GAC is bearing all expenses associated with forming the
corporation.
If the City decides to join in forming the corporation, we would appreciate your executing article
12 of the articles of incorporation and returning the articles and your resolution to H-GAC. If you have
any questions about this please feel free to call me or Steve Howard at 713-627-3200.
Sincerely,
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Jack Steele
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Robert Herrera, City Manager
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A RESOLUTION AUTHORIZING THE CITY OF LA PORTE, TEXAS
TO JOIN WITH THE
HOUSTON-GALVESTON AREA COUNCIL AS INCORPORATORS OF
THE H-GAC ENERGY PURCHASING CORPORATION
WHEREAS, Senate Bill 7, enacted by the 76ili Texas Legislature, restructures electric power within the State of
Texas; and
WHEREAS, Section 303.001 of the Local Government Code authorizes political subdivisions to join together to form
a political subdivision corporation to negotiate the purchase of electricity or to aid or act on behalf of the political
subdivisions for which the corporation is created with respect to their own electricity use for their respective public
facilities; and
WHEREAS, the Houston-Galveston Area Council, a political subdivision of the State under Chapter 391 of the Local
Government Code, has conducted a cooperative purchasing program for more than twenty-five years and now joins
with another political subdivision as incorporators of the H-GAC Energy Purchasing Corporation ("Corporation") a
political subdivision corporation; and
WHEREAS, the City of La Porte, a political subdivision of the State, wishes to join with the Houston-Galveston Area
Council as incorporators of the Corporation for the purpose of obtaining electricity for its public facilities, at the lowest
cost providing the best value, thereby benefiting its citizens and taxpayers; and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS
THAT:
Section 1. The City of La Porte ("City") agrees to join with the Houston-Galveston Area Council as incorporators of
the H-GAC Energy Purchasing Corporation and to participate in the Corporation.
Section 2. The City hereby approves the H-GAC Energy Purchasing Corporation Articles of Incorporation, attached
as Exhibit A, and Bylaws, attached as Exhibit B.
Section 3. The City agrees to cooperate with the Corporation in providing data related to electricity demand for its
accounts, and other information that may assist in preparing bid solicitations or requests for proposals.
Section 4. By approving this resolution, the City of La Porte does not create an obligation for the City, nor does it
authorize the Corporation to actually purchase electricity on its behalf without the City's prior consent to specific
purchases. The City understands that prior to authorizing the purchase of electricity through contracts negotiated by the
Corporation, information detailing procurement terms will be provided. The City may then purchase electricity
through contract(s) negotiated by the Corporation on its behalf by issuing an order, resolution, purchase order or other
binding agreement under terms that are materially the same as the terms the Corporation originally described in the
information presented to the City.
Section 5. The City agrees to allow the Corporation to use its name as a participant in descriptions of the Corporation.
PASSED AND APPROVED this ~. day of f't\ Lt.L;:l , 2001 at a regular meeting of the
City Council of the City of La Porte, Harris County, Texas. V
CITY OF LA PORTE, TEXAS
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Title: m A- Y () {
Houston-Galveston Area Council
PO Box 22777.3555 Timmons. Houston, Texas 77227-2777. 713/627-3200
May 23,2001
Mr. Robert Herrera
City Manager
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
Dear Mr. Herrera:
The Houston-Galveston Area Council is pleased to have The City of La Porte as a participant in its Electric
Aggregation Program. Enclosed, you will find one (1) original each of the Articles ofIncorporation of H-GAC
Enere:v Purchasine: Corporation and Bvlaws of H-GAC Enere:v Purchasinl! Corporation.
Please note that the Bylaws document has been fully executed. However, the Mayor needs to sign the
Articles ofIncorporation. Thereafter. both documents should be retained for your files. Again, H-GAC would
like to thank you for participating in the Program.
Sincerely.
Gwen Norman
Senior Specialist, Contract Administration
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Houston-Galveston Area Council
Office of the Executive Director
PO Box 22777. 3555 Timmons. Houston, Texas 77227-2777. 713/627-3200
April 18,
The Honorable Norman Malone
Mayor, City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
Dea~:....'
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I am writing to request that the City of La Porte join with the Houston-Galveston Area Council in
forming the H-GAC Energy Purchasing Corporation.
As you know, state law restructures the electric industry and deregulates rates at the retail level
effective January 1, 2002. Local governments will need to make decisions about how to purchase electric
power in this new deregulated environment.
State law permits local government to join together to purchase electric power through a non-
profit corporation. H-GAC's Board of Directors has approved formation of the H-GAC Energy
Purchasing Corporation as means to aggregate demand and thereby leverage local government purchasing
power. Councilman Sutherland will be Chairman of the new corporation.
The authorizing legislation specifically requires that two or more political subdivisions join
together in forming the corporation. We are requesting that the City of La Porte join H-GAC as the
initial, creating political subdivisions.
Attached to assist you in taking action on are-I) a resolution indicating that La Porte joins in
participating in the corporation, 2) articles of incorporation, and 3) corporation bylaws. As drafted, the
resolution does not specifically require La Porte to make a decision on purchasing electricity through the
corporation until later this year. In addition, H-GAC is bearing all expenses associated with forming the
corporation.
If the City decides to join in forming the corporation, we would appreciate your executing article
12 of the articles of incorporation and returning the articles and your resolution to H-GAC. If you have
any questions about this please feel free to call me or Steve Howard at 713-627-3200.
Sincerely, .
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cc: Guy Sutherland, City Councilman
Robert Herrera, City Manager
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BYLA WS
OF
H-GAC ENERGY PURCHASING CORPORATION
ARTICLE 1
NAME AND PURPOSE
1.1 Name. The name of the corporation is H-GAC Energy Purchasing
Corporation (the "Corporation").
1.2 Purpose. The corporation is organized and shall be operated exclusively
to act as an agent to negotiate the purchase of electricity, or to likewise aid or act on
behalf of the political subdivisions for which the corporation was created, with respect to
their own electricity use for their respective public facilities and to undertake all other
lawful acts not prohibited to be undertaken by a political subdivision corporation
described in Tex. Loc. Gov't Code SS 303.001 et seq.
1.3 Offices. The Corporation may have, in addition to its registered office,
offices at such places, both with and without the State of Texas, as the Board of Directors
may from time to time determine or as the activities of the Corporation may require.
ARTICLE 2
MEMBERS
2.1 Number, Powers and Duties. This Corporation shall have no voting
members. The Corporation's Board of Directors may by resolution, authorize the
formation of an advisory panel to provide advice to the Corporation's Board of Directors.
The terms of appointment and government with respect to the advisory panel shall be
determined by the Board of Directors and may be set forth in resolutions authorizing the
formation of such panel.
BYLAWS
Page 1 of 11
2.2 Identity. The identity of the advisory members of this Corporation shall
be determined by the Board of Directors (each, an "Advisory Member").
2.3 Non-Liability of Advisory Members. The Advisory Members shall not
be individually liable for the debts, liabilities, or obligations of the Corporation.
ARTICLE 3
BOARD OF DIRECTORS
3.1 Number, Tenure, and Vacancies. The direction and management of the
affairs of the Corporation and the control and disposition of its properties and funds shall
be vested in a Board of Directors (the "Board") which shall consist of not less than three
(3) persons. Such number of directors shall from time to time be fixed and determined by
the Board of Directors of the Houston-Galveston Area Council, a political subdivision
created under Tex. Local Gov't Code Ann. SS391 ("H-GAC Board") and shall be set
forth in the notice of any meeting of the H-GAC Board held for the purposes of electing
directors. Until changed by the H-GAC Board in accordance with these Bylaws, the
number of directors constituting the Board shall be three (3). The original directors shall
hold office until the first annual meeting of the directors and until their successors are
duly elected and qualify; thereafter, directors so elected shall hold office for a period of
one (1) year and until their successors are duly elected and qualify. A director elected by
virtue of an increase in the number of directors of the Corporation shall hold office until
the next annual meeting of directors and until his or her successor is duly elected and
qualifies. A vacancy shall be declared in any seat on the Board upon the death,
resignation or removal of the occupant thereof, or upon the disability of any occupant
rendering him or her permanently incapable of participating in the management and
BYLAWS
Page 2 of 11
affairs of the Corporation. In case of election to fill a vacancy, the term of the successor
shall be for the unexpired term for which the former occupant thereof was elected.
3.2 Resignation of Directors. Each director shall have the right to resign at
any time upon written notice thereof to the President or Secretary of the Corporation.
Unless otherwise specified in the notice, the resignation shall take effect upon receipt
thereof, and the acceptance of such resignation shall not be necessary to make it effective.
3.3 Removal of Directors. The H-GAC Board may remove at any time a
director from the Board when such removal is determined by the H-GAC Board to be in
the best interest of the Corporation.
3.4 Election. Directors constituting the initial Board shall be named in the
Articles of Incorporation of the Corporation. Thereafter, successor directors shall be
elected at a regular meeting of the H-GAC Board to serve terms as directed by the H-
GAC Board. A director may be elected to succeed himself or herself.
3.5 Annual Meeting. The annual meeting of the Board for the election of
officers and the transaction of such other business as may lawfully come before the
meeting shall be held at such time and on such day as established from time to time by
the Board. The Chairman of the Board or the Secretary of the Corporation shall give a
minimum of one day's notice of such meeting to each director, either personally or by
mail, telecopy, telex or telegraph.
3.6 Order of Business. The order of business at the annual meeting shall be
as follows:
(a)
(b)
Roll call.
Reading of the notice of the meeting.
BYLAWS
Page 3 of 11
(c) Reading of the minutes of the preceding meeting and action
thereon.
(d) Acknowledge election of directors by H-GAC Board.
(e) Reports of officers.
(f) Election of officers.
(g) Miscellaneous business.
3.7 Additional Meetings. Meetings of the Board shall be held no less than
quarterly and additional meetings shall be held whenever called by the Chairman of the
Board of the Corporation or upon written request of any two directors. The Chairman of
the Board or the Secretary shall give one day's notice of each such quarterly meeting and
any special meeting either personally or by mail, telecopy, telex or telegraph.
3.8 Quorum for Meetings. A majority of the directors shall constitute a
quorum for the transaction of business at all meetings convened according to these
bylaws.
3.9 Voting. The affirmative vote of a majority of the directors present at a
meeting at which a quorum is present shall be the act of the Board, except as may be
otherwise specifically provided by law or these bylaws.
3.10 Proxies. A director may vote at a meeting of the Board by proxy executed
in writing by the director and delivered to the Secretary of the Corporation at or prior to
such meeting; however, a director present by proxy at any meeting of the Board may not
be counted to determine whether a quorum is present at such meeting. Each proxy shall
be revocable unless expressly provided therein to be irrevocable, and unless otherwise
made irrevocable by law.
BYLAWS
Page 4 of 11
3.11 Compensation. Directors, as such, shall not be entitled to any stated
salary for their services but by resolution of the Board, expenses of attendance, if any,
may be allowed for attendance at each meeting of the Board.
ARTICLE 4
NOTICES
4.1 Form of Notice. Whenever under the provisions of these bylaws, notice
is required to be given to any director and no provision is made as to how such notice
shall be given, it shall not be construed to mean personal notice, but any such notice may
be given in writing by mail, postage prepaid, addressed to such director at such address as
appears on the books of the Corporation. Any notice required or permitted to be given by
mail shall be deemed to be given at the time when the same be thus deposited, postage
prepaid, in the United States mail as aforesaid.
4.2 Waiver. Whenever any notice is required to be given to any director
under the provisions of these bylaws, a waiver thereof in writing signed by the person or
persons entitled to such notice, whether before or after the time stated therein, shall be
equivalent to the giving of such notice.
ARTICLE 5
GENERAL OFFICERS
5.1 Election. The officers of this Corporation shall be a Chair ofthe Board, a
Vice Chair of the Board, a President, a Secretary/Treasurer and such other officers as
may be determined and selected by the Board. The Board, at its first meeting and
annually thereafter at the annual meeting, shall elect the officers. The officers so elected
shall hold office for a period of one year and until their successors are elected and
BYLAWS
Page 5 of 11
qualify. The offices of President and Secretary/Treasurer may not be filled by the same
person, but all other offices may be filled by the same person.
5.2 Attendance at Meetings. The Chair of the Board, and in his or her
absence, the Vice Chair of the Board, and in his or her absence, the President, shall call
meetings of the Board to order, and shall act as chairman of such meetings. The
Secretary/Treasurer of the Corporation shall act as secretary of all such meetings, but in
the absence of the Secretary/Treasurer the Chairman of the Board may appoint any
person present to act as secretary of the meeting.
5.3 Duties. The principal duties of the several officers are as follows:
(a) Chair of the Board. He or she shall preside at all meetings of the
Board, and may exercise the powers vested in him or her by the Board, by law of these
bylaws, or which usually attach or pertain to such office.
(b) Vice Chair of the Board. When the Chair of the Board is not in
attendance, he or she shall preside at all meetings of the Board. He or she shall exercise
the powers vested in him or her by the Board, by law or these Bylaws or which usually
attach or pertain to such office.
( c) President. The President shall be the chief executive officer of the
Corporation. He or she shall have general charge and supervision of the business,
property, and affairs of the Corporation. The President shall see that all orders and
resolutions of the Board are carried into effect. The President shall sign and execute all
legal documents and instruments in the name of the Corporation when authorized to do so
by the Board and shall perform such other duties as may be assigned to him or her from
time to time by the Board.
BYLAWS
Page 6 of 11
(d) Secretary/Treasurer. The Secretary/Treasurer shall (i) have charge
of the records and correspondence of the Corporation under the direction of the President,
and shall be the custodian of the seal of the Corporation, (ii) give notice of and attend all
meetings of the Board, (iii) take and keep true minutes of all meetings of the Board of
which, ex officio, he or she shall be the secretary, (iv) keep account of all moneys, credits
and property of the Corporation which shall come into his or her hands and keep an
accurate account of all money received and discharged, (v) except as otherwise ordered
by the Board, have the custody of all the funds and securities of the Corporation and shall
deposit the same in such banks or depositories as the Board shall designate, (vi) keep
proper books of account and other books showing at all times the amount of the funds
and other property belonging to the Corporation, all of which books shall be open at all
times to the inspection of the Board, (vii) submit a report of the accounts and financial
condition of the Corporation at each annual meeting of the Board, (viii) under the
direction of the Board, disburse all moneys and sign all checks and other instruments
drawn on or payable out of the funds of the Corporation, which checks, however, must
also be signed by the President (ifthe face amount ofthe check is less than Five-Hundred
Dollars ($500.00)), or the Chairman of the Board (if the face amount equals or exceeds
Five-Hundred Dollars ($500.00), (ix) make such transfers and alterations in the assets of
the Corporation as may be ordered by the Board, (x) in general, perform all the duties
which are incident to the office of treasurer, subject to the Board, and (xi) perform such
additional duties as may be prescribed from time to time by the Board. The
Secretary/Treasurer shall give bond only if required by the Board.
BYLAWS
Page 7 of 11
5.4 Vacancies. Whenever a vacancy shall occur in any general office of the
Corporation, such vacancy shall be filled by the Chairman of the Board subject to
ratification by the Board at its next meeting subsequent to such appointment. Such new
officer shall hold office until the next annual meeting and until his or her successor is
elected and qualifies.
ARTICLE 6
APPOINTIVE OFFICERS AND AGENTS
The Board may appoint such officers and agents in addition to those provided for
in Article 5, as may be deemed necessary, who shall have such authority and perform
such duties as shall from time to time be prescribed by the Board. All appointive officers
and agents shall hold their respective offices or positions at the pleasure of the Board, and
may be removed from office or discharged at any time with or without cause; provided
that removal without cause shall not prejudice the contract rights, if any, of such officers
and agents.
ARTICLE 7
EXECUTIVE COMMITTEE
7.1 Members. The Board may, by resolution passed by a majority of the
whole Board, establish an Executive Committee which shall consist of not less than two
(2) directors, one of whom shall be the Chair of the Board and one of whom shall be the
Vice Chair of the Board.
7.2 Powers. The Executive Committee shall have power to make investments
of funds of the Corporation and to change the same, and from time to time to sell any part
BYLAWS
Page 8 of 11
or all of the assets of the Corporation or any rights or privileges that may accrue thereon
and to cause the same to be transferred by the proper officers of the Corporation.
During the intervals between meetings of the Board, the Executive Committee
shall have the immediate charge, management and control of the activities and business
affairs of the Corporation and have full power to do any and all things in relation to the
affairs of the Corporation and to exercise any and all powers of the Board in the
management and direction of the business and conduct of the affairs of the Corporation.
The Executive Committee shall direct the manner in which the books and
accounts of the Corporation shall be kept and cause to be examined from time to time the
accounts and vouchers of the Treasurer and moneys received and paid out by the
Treasurer.
The Executive Committee shall keep a record of its proceedings and report the
same to the Board at each succeeding meeting of the Board.
7.3 Quorum. A majority of members of the Executive Committee shall
constitute a quorum.
ARTICLE 8
INDEMNIFICATION OF DIRECTORS AND OFFICERS
8.1
Indemnification.
Article 1396-2.22A of the Texas Non-Profit
Corporation Act permits the Corporation to indemnify its present and former directors
and officers to the extent and under the circumstances set forth therein. The Corporation
hereby elects to and does hereby indemnify all such persons to the fullest extent
permitted or required by such Article promptly upon request of any such person making a
request for indemnity hereunder. Such obligation to so indemnify and to so make all
necessary determination may be specifically enforced by resort to any court of competent
BYLAWS
Page 9 of 11
jurisdiction. Further, the Corporation shall payor reimburse the reasonable expenses of
such persons covered hereby in advance of the final disposition of any proceeding to the
fullest extent permitted by such Article and subject to the conditions thereof.
ARTICLE 9
AMENDMENTS
These bylaws may be amended only by the Board of Directors, save and except
Article 3 of the bylaws.
BYLAWS
Page 10 of 11
CERTIFICATE
I, the undersigned, Andy Meyers, Secretary/Treasurer of H-GAC Energy
Purchasing Corporation, a Texas non-profit corporation, do hereby certify that the
foregoing bylaws were duly adopted as the bylaws of the Corporation on
, 2001, by the affirmative vote of the directors of the Corporation.
Dated:
BYLAWS
, 2001.
Andy Meyers, Secretary/Treasurer
Page 11 of 11
ARTICLES OF INCORPORATION
OF
H-GAC ENERGY PURCHASING CORPORATION
The undersigned, each a political subdivision, acting as incorporators of a corporation
under Texas Local Government Code ~ 303.001 et seq., do hereby adopt the following Articles
of Incorporation for such corporation:
ARTICLE 1
The name of the corporation is H-GAC Energy Purchasing Corporation.
ARTICLE 2
The corporation is a non-profit political subdivision corporation described in Texas Local
Government Code ~~ 303.001 et seq.
ARTICLE 3
The period of its duration is perpetual.
ARTICLE 4
The corporation is organized and shall be operated exclusively to act as an agent to
negotiate the purchase of electricity, or to likewise aid or act on behalf of the political
subdivisions for which the corporation was created, with respect to their own electricity use for
their respective public facilities and to undertake all other acts permitted to be undertaken by a
political subdivision corporation described in Texas Local Government Code ~~ 303.001 et seq.
ARTICLE 5
The street address of the initial registered office of the corporation is 3555 Timmons
Lane, Suite 500, Houston, Texas 77027, and the name of its initial registered agent at such
address is Steve Howard.
ARTICLE 6
Except as otherwise provided in these articles and in the bylaws of the corporation, the
direction and management of the affairs of the corporation and the control and disposition of its
properties and funds shall be vested in a board of directors composed of such number of persons
(not less than three (3)) as may be fixed by the bylaws of the corporation. Until changed by the
bylaws the original number of directors shall be three (3). The directors shall continue to serve
until their successors are selected in the manner provided in the bylaws of the corporation. The
names and addresses of the persons who shall serve as initial directors of the corporation until
their successors are duly elected and qualified are as follows:
Name
Address
Guy Sutherland
3555 Timmons Lane, Suite 500
Houston, Texas 77027
Terry Henley
3555 Timmons Lane, Suite 500
Houston, Texas 77027
Andy Meyers
3555 Timmons Lane, Suite 500
Houston, Texas 77027
ARTICLE 7
The corporation shall have no members with voting rights.
ARTICLE 8
These articles of incorporation, and the corporation's bylaws, have been approved by
ordinance, resolution or order adopted by the governing body of each political subdivision for
which the corporation is created. The power to alter, amend or repeal the bylaws or to adopt new
bylaws shall be vested in the board of directors, save and except Article 3 of the bylaws.
ARTICLE 9
Any action required to, or which may, be taken at a meeting of the directors or a
committee of the board of directors may be taken without a meeting if a consent in writing,
setting forth the action to be taken, is signed by a sufficient number of directors or committee
members as would be necessary to take that action at a meeting at which all of the directors or
committee members were present and voted, provided such consent is in the form provided for
and such action is taken in accordance with the Texas Non-Profit Corporation Act, these Articles
of Incorporation and the Bylaws of the corporation.
ARTICLE 10
Pursuant to Article 6.02, Subsection (3) of the Texas Non-Profit Corporation Act, upon
dissolution of the corporation in accordance with the laws of the State of Texas, the board of
directors, after paying or making provision for payment of all liabilities of the corporation, and
after returning, transferring, or conveying those assets of the corporation that are held subject to
conditions requiring such return, transfer, or conveyance, shall distribute all the corporation's
remaining assets to one or more non-profit corporations and/or public entities and/or political
subdivisions as the board of directors in its sole discretion shall determine.
ARTICLE 11
A director of the corporation shall not be liable to the corporation for monetary damages
for an act or omission in the director's capacity as a director, except that this Article 11 does not
eliminate or limit the liability of a director of the corporation to the extent the director is found
liable for: (i) a breach of the director's duty of loyalty to the corporation; (ii) an act or omission
not in good faith that constitutes a breach of duty of the director to the corporation or an act or
omission that involves intentional misconduct or a knowing violation of the law; (iii) a
2
transaction from which the director received an improper benefit, whether or not the benefit
resulted from an action taken within the scope of the director's office; or (iv) an act or omission
for which the liability of a director is expressly provided by an applicable statute. If the Texas
Miscellaneous Corporation Laws Act or any other statute of the State of Texas hereafter is
amended to authorize the further elimination or limitation of the liability of directors of the
corporation, then the liability of a director of the corporation shall be limited to the fullest extent
permitted by the statutes of the State of Texas, as so amended, and such elimination or limitation
of liability shall be in addition to, and not in lieu of, the limitation on the liability of a director of
the corporation provided by the foregoing provisions of this Article 11. Any repeal of or
amendment to this Article 11 shall be prospective only and shall not adversely affect any
limitation on the liability of a director of the corporation existing at the time of such repeal or
amendment.
ARTICLE 12
The name and address of each incorporator is:
Name Address
Houston-Galveston Area Council
3555 Timmons Lane, Suite 500
Houston, Texas 77027
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
IN WITNESS WHEREOF, I have hereunto set my hand this /,gl! day of ~ /l . ,
2001. ~
Houston-Galveston Area Council,
a political subdivision
City of La Porte,
a political subdivision
By: ~
{Jack teele, Executive Director
3
BYLA WS
OF
H-GAC ENERGY PURCHASING CORPORATION
ARTICLE 1
NAME AND PURPOSE
1.1 Name. The name of the corporation is H-GAC Energy Purchasing
Corporation (the "Corporation").
1.2 Purpose. The corporation is organized and shall be operated exclusively
to act as an agent to negotiate the purchase of electricity, or to likewise aid or act on
behalf of the political subdivisions for which the corporation was created, with respect to
their own electricity use for their respective public facilities and to undertake all other
lawful acts not prohibited to be undertaken by a political subdivision corporation
described in Tex. Loc. Gov't Code ~~ 303.001 et seq.
1.3 Offices. The Corporation may have, in addition to its registered office,
offices at such places, both with and without the State of Texas, as the Board of Directors
may from time to time determine or as the activities of the Corporation may require.
ARTICLE 2
MEMBERS
2.1 Number, Powers and Duties. This Corporation shall have no voting
members. The Corporation's Board of Directors may by resolution, authorize the
formation of an advisory panel to provide advice to the Corporation's Board of Directors.
The terms of appointment and government with respect to the advisory panel shall be
determined by the Board of Directors and may be set forth in resolutions authorizing the
formation of such panel.
BYLAWS
Page 1 of 11
2.2 Identity. The identity of the advisory members of this Corporation shall
be determined by the Board of Directors (each, an "Advisory Member").
2.3 Non-Liability of Advisory Members. The Advisory Members shall not
be individually liable for the debts, liabilities, or obligations of the Corporation.
ARTICLE 3
BOARD OF DIRECTORS
3.1 Number, Tenure, and Vacancies. The direction and management of the
affairs of the Corporation and the control and disposition of its properties and funds shall
be vested in a Board of Directors (the "Board") which shall consist of not less than three
(3) persons. Such number of directors shall from time to time be fixed and determined by
the Board of Directors of the Houston-Galveston Area Council, a political subdivision
created under Tex. Local Gov't Code Ann. 99391 ("H-GAC Board") and shall be set
forth in the notice of any meeting of the H-GAC Board held for the purposes of electing
directors. Until changed by the H-GAC Board in accordance with these Bylaws, the
number of directors constituting the Board shall be three (3). The original directors shall
hold office until the first annual meeting of the directors and until their successors are
duly elected and qualify; thereafter, directors so elected shall hold office for a period of
one (1) year and until their successors are duly elected and qualify. A director elected by
virtue of an increase in the number of directors of the Corporation shall hold office until
the next annual meeting of directors and until his or her successor is duly elected and
qualifies. A vacancy shall be declared in any seat on the Board upon the death,
resignation or removal of the occupant thereof, or upon the disability of any occupant
rendering him or her permanently incapable of participating in the management and
BYLA WS
Page 2 of 11
affairs of the Corporation. In case of election to fill a vacancy, the term of the successor
shall be for the unexpired term for which the former occupant thereof was elected.
3.2 Resignation of Directors. Each director shall have the right to resign at
any time upon written notice thereof to the President or Secretary of the Corporation.
Unless otherwise specified in the notice, the resignation shall take effect upon receipt
thereof, and the acceptance of such resignation shall not be necessary to make it effective.
3.3 Removal of Directors. The H-GAC Board may remove at any time a
director from the Board when such removal is determined by the H-GAC Board to be in
the best interest of the Corporation.
3.4 Election. Directors constituting the initial Board shall be named in the
Articles of Incorporation of the Corporation. Thereafter, successor directors shall be
elected at a regular meeting of the H-GAC Board to serve terms as directed by the H-
GAC Board. A director may be elected to succeed himself or herself.
3.5 Annual Meeting. The annual meeting of the Board for the election of
officers and the transaction of such other business as may lawfully come before the
meeting shall be held at such time and on such day as established from time to time by
the Board. The Chairman of the Board or the Secretary of the Corporation shall give a
minimum of one day's notice of such meeting to each director, either personally or by
mail, telecopy, telex or telegraph.
3.6 Order of Business. The order of business at the annual meeting shall be
as follows:
(a)
(b)
Roll call.
Reading of the notice of the meeting.
BYLAWS
Page 3 of 11
(c) Reading of the minutes of the preceding meeting and action
thereon.
(d) Acknowledge election of directors by H-GAC Board.
(e) Reports of officers.
(f) Election of officers.
(g) Miscellaneous business.
3.7 Additional Meetings. Meetings of the Board shall be held no less than
quarterly and additional meetings shall be held whenever called by the Chairman of the
Board of the Corporation or upon written request of any two directors. The Chairman of
the Board or the Secretary shall give one day's notice of each such quarterly meeting and
any special meeting either personally or by mail, telecopy, telex or telegraph.
3.8 Quorum for Meetings. A majority of the directors shall constitute a
quorum for the transaction of business at all meetings convened according to these
bylaws.
3.9 Voting. The affirmative vote of a majority of the directors present at a
meeting at which a quorum is present shall be the act of the Board, except as may be
otherwise specifically provided by law or these bylaws.
3.10 Proxies. A director may vote at a meeting of the Board by proxy executed
in writing by the director and delivered to the Secretary of the Corporation at or prior to
such meeting; however, a director present by proxy at any meeting of the Board may not
be counted to determine whether a quorum is present at such meeting. Each proxy shall
be revocable unless expressly provided therein to be irrevocable, and unless otherwise
made irrevocable by law.
BYLA WS
Page 4 of 11
3.11 Compensation. Directors, as such, shall not be entitled to any stated
salary for their services but by resolution of the Board, expenses of attendance, if any,
may be allowed for attendance at each meeting of the Board.
ARTICLE 4
NOTICES
4.1 Form of Notice. Whenever under the provisions of these bylaws, notice
is required to be given to any director and no provision is made as to how such notice
shall be given, it shall not be construed to mean personal notice, but any such notice may
be given in writing by mail, postage prepaid, addressed to such director at such address as
appears on the books of the Corporation. Any notice required or permitted to be given by
mail shall be deemed to be given at the time when the same be thus deposited, postage
prepaid, in the United States mail as aforesaid.
4.2 Waiver. Whenever any notice is required to be given to any director
under the provisions of these bylaws, a waiver thereof in writing signed by the person or
persons entitled to such notice, whether before or after the time stated therein, shall be
equivalent to the giving of such notice.
ARTICLE 5
GENERAL OFFICERS
5.1 Election. The officers of this Corporation shall be a Chair of the Board, a
Vice Chair of the Board, a President, a Secretaryrrreasurer and such other officers as
may be determined and selected by the Board. The Board, at its first meeting and
annually thereafter at the annual meeting, shall elect the officers. The officers so elected
shall hold office for a period of one year and until their successors are elected and
BYLA WS
Page 5 of 11
qualify. The offices of President and Secretaryffreasurer may not be filled by the same
person, but all other offices may be filled by the same person.
5.2 Attendance at Meetings. The Chair of the Board, and in his or her
absence, the Vice Chair of the Board, and in his or her absence, the President, shall call
meetings of the Board to order, and shall act as chairman of such meetings. The
Secretaryffreasurer of the Corporation shall act as secretary of all such meetings, but in
the absence of the Secretaryffreasurer the Chairman of the Board may appoint any
person present to act as secretary of the meeting.
5.3 Duties. The principal duties of the several officers are as follows:
(a) Chair of the Board. He or she shall preside at all meetings of the
Board, and may exercise the powers vested in him or her by the Board, by law of these
bylaws, or which usually attach or pertain to such office.
(b) Vice Chair of the Board. When the Chair of the Board is not in
attendance, he or she shall preside at all meetings of the Board. He or she shall exercise
the powers vested in him or her by the Board, by law or these Bylaws or which usually
attach or pertain to such office.
(c) President. The President shall be the chief executive officer of the
Corporation. He or she shall have general charge and supervision of the business,
property, and affairs of the Corporation. The President shall see that all orders and
resolutions of the Board are carried into effect. The President shall sign and execute all
legal documents and instruments in the name of the Corporation when authorized to do so
by the Board and shall perform such other duties as may be assigned to him or her from
time to time by the Board.
BYLAWS
Page 6 of 11
(d) Secretaryrrreasurer. The Secretaryrrreasurer shall (i) have charge
of the records and correspondence of the Corporation under the direction of the President,
and shall be the custodian of the seal of the Corporation, (ii) give notice of and attend all
meetings of the Board, (iii) take and keep true minutes of all meetings of the Board of
which, ex officio, he or she shall be the secretary, (iv) keep account of all moneys, credits
and property of the Corporation which shall come into his or her hands and keep an
accurate account of all money received and discharged, (v) except as otherwise ordered
by the Board, have the custody of all the funds and securities of the Corporation and shall
deposit the same in such banks or depositories as the Board shall designate, (vi) keep
proper books of account and other books showing at all times the amount of the funds
and other property belonging to the Corporation, all of which books shall be open at all
times to the inspection of the Board, (vii) submit a report of the accounts and financial
condition of the Corporation at each annual meeting of the Board, (viii) under the
direction of the Board, disburse all moneys and sign all checks and other instruments
drawn on or payable out of the funds of the Corporation, which checks, however, must
also be signed by the President (if the face amount of the check is less than Five-Hundred
Dollars ($500.00)), or the Chairman of the Board (if the face amount equals or exceeds
Five-Hundred Dollars ($500.00), (ix) make such transfers and alterations in the assets of
the Corporation as may be ordered by the Board, (x) in general, perform all the duties
which are incident to the office of treasurer, subject to the Board, and (xi) perform such
additional duties as may be prescribed from time to time by the Board. The
Secretaryrrreasurer shall give bond only if required by the Board.
BYLAWS
Page 7 of 11
5.4 Vacancies. Whenever a vacancy shall occur in any general office of the
Corporation, such vacancy shall be filled by the Chairman of the Board subject to
ratification by the Board at its next meeting subsequent to such appointment. Such new
officer shall hold office until the next annual meeting and until his or her successor is
elected and qualifies.
ARTICLE 6
APPOINTIVE OFFICERS AND AGENTS
The Board may appoint such officers and agents in addition to those provided for
in Article 5, as may be deemed necessary, who shall have such authority and perform
such duties as shall from time to time be prescribed by the Board. All appointive officers
and agents shall hold their respective offices or positions at the pleasure of the Board, and
may be removed from office or discharged at any time with or without cause; provided
that removal without cause shall not prejudice the contract rights, if any, of such officers
and agents.
ARTICLE 7
EXECUTIVE COMMITTEE
7.1 Members. The Board may, by resolution passed by a majority of the
whole Board, establish an Executive Committee which shall consist of not less than two
(2) directors, one of whom shall be the Chair of the Board and one of whom shall be the
Vice Chair of the Board.
7.2 Powers. The Executive Committee shall have power to make investments
of funds of the Corporation and to change the same, and from time to time to sell any part
BYLA WS
Page 8 of 11
or all of the assets of the Corporation or any rights or privileges that may accrue thereon
and to cause the same to be transferred by the proper officers of the Corporation.
During the intervals between meetings of the Board, the Executive Committee
shall have the immediate charge, management and control of the activities and business
affairs of the Corporation and have full power to do any and all things in relation to the
affairs of the Corporation and to exercise any and all powers of the Board in the
management and direction of the business and conduct of the affairs of the Corporation.
The Executive Committee shall direct the manner in which the books and
accounts of the Corporation shall be kept and cause to be examined from time to time the
accounts and vouchers of the Treasurer and moneys received and paid out by the
Treasurer.
The Executive Committee shall keep a record of its proceedings and report the
same to the Board at each succeeding meeting of the Board.
7.3 Quorum. A majority of members of the Executive Committee shall
constitute a quorum.
ARTICLE 8
INDEMNIFICATION OF DIRECTORS AND OFFICERS
8.1
Indemnification.
Article 1396-2.22A of the Texas Non-Profit
Corporation Act permits the Corporation to indemnify its present and former directors
and officers to the extent and under the circumstances set forth therein. The Corporation
hereby elects to and does hereby indemnify all such persons to the fullest extent
permitted or required by such Article promptly upon request of any such person making a
request for indemnity hereunder. Such obligation to so indemnify and to so make all
necessary determination may be specifically enforced by resort to any court of competent
BYLA WS
Page 9 of 11
jurisdiction. Further, the Corporation shall payor reimburse the reasonable expenses of
such persons covered hereby in advance of the final disposition of any proceeding to the
fullest extent permitted by such Article and subject to the conditions thereof.
ARTICLE 9
AMENDMENTS
These bylaws may be amended only by the Board of Directors, save and except
Article 3 of the bylaws.
BYLA WS
Page 10 of 11
CERTIFlCA TE
I, the undersigned, Andy Meyers, SecretaryfTreasurer of H-GAC Energy
Purchasing Corporation, a Texas non-profit corporation, do hereby certify that the
foregoing bylaws were duly adopted as the bylaws of the Corporation on
, 200 l, by the affirmative vote of the directors of the Corporation.
Dated:
BY LA WS
./'\
'L~ . .-/
L V\(1
, 2001.
Page 11 of 11
REQUEST FOR CITY C UNCIL AGENDA ITEM
Aoorooriation
Requested By:
ource of Funds:
No Funds Required
Department: Parks & Recreation
Account Number: N/A
Report: Resolution:_Ordinance: X
Amount Budgeted: N/A
Exhibits:
Agreement
Amount Requested: nla
Exhibits:
Budgeted Item:
YES
NO
Exhibits:
SMARY RECO EDA N
The City of La Porte has requested proposals for food, beverage, and concession items
for the summer season at the Little Cedar Bayou Wave Pool. Request for Proposals were
mailed to seventeen area food service vendors. Proposals were opened on April 16, 2001 and
the City received two proposals; 1) from Casual Catering, the catering company that has
provided concessions at the LCB Wave Pool for the past five years, and 2) from Gulf Coast
Concessions and Catering.
Gulf Coast Concessions and Catering is owned by Kevin O'Brien, who provides
concession operations for the City at Bay Forest Golf Course and at Sylvan Beach Pavilion.
After careful review of the two proposals staff is recommending that the concession contract be
awarded to Kevin O'Brien of Gulf Coast Concessions and Catering. Mr. O'Brien has proposed to
pay the City eighteen percent (18%) of gross revenues from concession sales at the LCB Wave
Pool. Casual Catering proposed to pay ten percent (10%) of gross revenues generated. Gulf
Coast Concessions and Catering ("The Concessionaire") proposes to furnish for sale a variety
of food, snacks, and beverages for customers at the Wave Pool during public swim sessions
(private rentals do not require the services of the caterer). The Concessionaire has been in the
concessions and catering business for approximately twenty years, including the past seven
years at Bay Forest, and two years at Sylvan Beach where they have provided very good
service and quality food. The proposed prices to be charged are the same as those charged
last year by the previous concessionaire.
Staff recommends the award of a seasonal concession operations contract, subject to the
conditions specified, at the Uttle Cedar Bayou Wave Pool to Kevin O'Brien dba Gulf COast
Concessions & Catering.
Action Reauired bv Council:
Authorize the City Manager to enter into an agreement between the City of La Porte and Kevin
O'Brien dba Gulf Coast Concessions and Catering for concession provision at LCB Wave Pool.
Approved for City Council Aoenda
A~ r W~
Robert T. Herrera, City Manager
5/ yjol
I
Date
ORDINANCE NO. 01-~'fff
AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND KEVIN O'BRIEN dba GULF COAST CONCESSIONS AND
CATERING FOR PROVISION OF FOOD, BEVERAGE, AND CONCESSION SERVICES
AT LITTLE CEDAR BAYOU WAVE POOL ACCORDING TO THE TERMS AND
PROVISIONS OF THE AGREEMENT; 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. No City of La Porte funds are required as a part of said contract.
Section 2. The City Council officially finds, determines, recites, and declares that
a sufficient written notice of the date, hour, place, and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves, and confirms such written notice and the contents and posting thereof.
approval, and it is so ordered.
PASSED AND APPROVED, this 8TH day of May, 2001.
ATTEST:
CITY OF LA PORTE
By: t4 _ ~
/,~~~~,~
Mayor
L1rl dJJh 1I$Jf1 ,
Martha Gillett,
City Secretary
APPROVED AS TO FORM:
~aJ
Knox W. Askins,
City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Agenda Date Requested:
Appropriation
Source of Funds: General CIP Fund
Department:
Plannine
Account Number: 015-9892-709-1100
Report: _Resolution: _Ordinance: --L
Amount Budgeted:
Exhibits:
Ordinance
.
Amount Requested:
$40,000.00
$27.935.60
Bid Tabulation
Budgeted Item: ~ NO
Bidder's List
SUMMARY & RECOMMENDATION
As part of the FY 00-01 Budget for Capital Improvement Projects, City Council approved $40,000.00
for Sidewalk Replacement Project. This project consists of removing and replacing badly deteriorated
sidewalks, and addition of new wheel chair ramps.
Design and engineering were performed on this project utilizing City Staff. On April 30, 2001, the
City received bids from five qualified contractors. Brooks Concrete, Inc. of Pasadena, Texas submitted
the lowest bid in the amount of $ 26,605.60. Contract time for completion shall be 90 consecutive
calendar days after "Notice to Proceed" is issued.
Staff has reviewed the bid as submitted and determined that it is a reasonable amount and Brooks
Concrete, Inc. is qualified to perform this work. Staff recommends that the City Council authorize the
City Manager to execute a contract with Brooks Concrete, Inc. in the amount of $26,605.60 and
further authorize $1,330.00 (5%) contingency for the City-Wide Sidewalk Replacement Project.
Action Required bv Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with Brooks
Concrete, Inc. in the amount of $26,605.60 and further authorizing $1,330.00 contingency for the
City-Wide Sidewalk Replacement Project.
Approved for City Council Aeenda
~~J: T. t-l~~
Robert T. Herrera, City Manager
s- 3- - 0 \.
Date
ORDINANCE NO. 2001- "lfqD
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND BROOKS CONCRETE, INC.
FOR THE CITY-WIDE SIDEWALK REPLACEMENT PROJECT;
APPROPRIATING $ 27,935.60 TO FUND SAID CONTRACT; 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. City Council appropriates the sum of $27,935.60
from Capital Improvement Fund 015 to fund said contract.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
ORDINANCE NO. 2001-J,4Qo
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 May 8,2001.
CITY OF LA PORTE
By: 1L~~~
Mayor
ATTEST:
~A, .HJlJtJL
Mart a Gillett,
City Secretary
AP~:
~zJ
Knox W. Askins,
City Attorney
CITY OF LA PORTE
CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY -2000/2001
CLP PROJECT #2000-4501
BID OPENING APRIL 30, 2001 2:00 P.M.
BID TABULATION
BROOKS CONCRETE INC CHECK 90 $ 26,605.60
IDEAL CONSTRUCTION SERVICES y 30 $ 34,959.15
CURB PLANET y 120 $ 57,141.00
BILL McDONALD CONSTRUCTION y 120 $ 60,637.60
SOUTHERN CUSTOMS INC y 120 $ 99,620.80
CITY-WIDE SIDEWALK REPLACEMENT PROJECT FY 2000-2001
CLP PROJECT #2000-4501
Advertisin~
The Bayshore Sun - April lIt & AprillSth 2001
La Porte-Bayshore
Chamber of Commerce
FAX: 281-471-1710
Brooks Concrete, Inc.
4018 Allen-Genoa
Pasadena, TX 77504
PHONE: 713-947-8440
FAX: 713-947-8444
David Wight Construction Company
4300 Mandale
Alvin, TX 77511
PHONE: 281-331-1584
FAX: 1-281-585-4640
FORCE Corporation
PO Box 1079
La Porte, TX 77572-1079
PHONE: 281-470-0550
FAX: 281-471-9627
C&D Constructors, Inc.
PO Box 23264
Houston, TX 77028
PHONE: 281-442-2468
FAX: 281-442-2415
Purtis Construction
14710 Park Alameda
Houston, TX 77047
PHONE: 281-433-1012
FAX: 281-433-1018
Bid Notice Faxed
Bill McDonald Construction, Inc.
702 Underwood Road
Deer Park, TX 77536
PHONE: 281-479-3030
FAX: 281-479-4337
Conrad Construction Company
PO Box 841134
Houston, TX 77284
PHONE: 713-937-3081
FAX: 713-937-1172
Derk Harmsen Construction
2820 Center Street
Deer Park, TX 77536
PHONE: 281-479-3400
FAX: 281-478-5115
SER Construction, Inc.
2500 Citywest Blvd., Ste. 1700
Houston, TX 77042
PHONE: 713-278-9890
FAX: 713-278-9892
Moore & Moore General Contractors
PO Box 1517
La Porte, TX 77572-1517
PHONE: 281-471-0145
FAX: 281-471-0601
Curb Planet, Inc
1050-2 Edgebrook
Houston, TX 77034
PHONE: 713-944-9119
FAX: 713-944-1006
Bluebonnet Stroder Co.
908 Perla Rd.
Pasadena, TX
PHONE:
FAX:
77502
713-941-4804
713-941-4887
Al1con Builders & Constructors
PO Box 40
La Porte, TX
PHONE:
FAX:
77571
281-725-4106
281-540-0174
Follis Construction
III N. Broadway
La Porte, TX 77571
PHONE: 281-471-6881
FAX: 281-471-6038
Jesse Vega Construction Co.
2019 Pasadena Blvd.
Pasadena, TX 77502
PHONE: 713-473-1552
FAX: 713-473-1848
Patk Constructors
PO Box 986
Rosenberg, TX
PHONE:
FAX:
77471
281-342-0031
281-342-8967
Steven R. Hill Construction
7782 Hammerly
Houston, TX 77055-1748
PHONE: 713-956-5861
FAX: 713-956-5817
Contractors that Picked up Plans & Specifications
Brooks Concrete, Inc.
4018 Allen-Genoa
Pasadena, TX 77504
PHONE: 713-947-8440
FAX: 713-947-8444
Southern Customs
9219 Katy Freeway
Houston, Texas 77024
PHONE 713-682-8807
FAX: 281-471-1710
Follis Construction
III N. Broadway
La Porte, TX 77571
PHONE: 281-471-6881
FAX: 281-471-6038
Bill McDonald Construction, Inc.
702 Underwood Road
Deer Park, TX 77536
PHONE: 281-479-3030
FAX: 281-479-4337
Curb Planet, Inc
1050-2 Edgebrook
Houston, TX 77034
PHONE: 713-944-9119
FAX: 713-944-1006
Bluebonnet Stroder Co.
908 Perla Rd.
Pasadena, TX
PHONE:
FAX:
77502
713-941-4804
713-941-4887
C&D Constructors, Inc.
PO Box 23264
Houston, TX 77028
PHONE: 281-442-2468
FAX: 281-442-2415
Ideal Construction Services
PO Box 2915
Sugar Land, TX 77487
PHONE: 281-470-0531
FAX: 281-470-0539
D.L. Davidson
19728 Saums rd
Houston, TX 77084
PHONE: 281-646-0770
FAX: 281-646-7047
Due to the volume of this contract, a copy
is available for your review in the City
Secretary's Office
REQUEST FOR CITY COUNCIL AGENDA ITEM
Department:
Agenda Date Requested:
Aoorooriation
Requested By:
Source of Funds: Medical Fund
Account Number: 014 6144 515 6012
Report:
Resolution:
Ordinance:
Amount Budgeted: $120,000
Exhibits:
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
An item was presented at the March 19,2001 Council meeting regarding renewal of the City's stop loss insurance.
You may recall that this insurance covers payment of claims for anyone employee or dependent whose medical
charges exceed $100,000, and all claims if the total of all employees and dependents exceeded $1.87 million. The
premium quoted was $146,907.
During the time that the request for proposal was sent and the bid received, the one company that submitted a bid,
HCC Benefits, had asked the City and our third party administrator, TML, to submit disclosures on any potential
catastrophic illnesses that could affect the premium. This was done by TML and by our consultant, The Welch
Company. We have since found that the division ofHCC that we sent the disclosures to, located in California, had
not shared the information with the underwriting division in Dallas. The week before the renewal took effect on
April I S\ the underwriting division received the disclosures and also received notice of claims made exceeding
$670,000 for a dependent
After Council's approval, HCC submitted an application for coverage and included a statement, "Should a large
claim become known and the initial date of service is more than 15 days prior to the effective date of the renewal,
we reserve the right to re-underwrite the case." They also state that, "Should this group be unwilling or unable to
fulfill the obligations of the contingencies provided with this quote... then this quote will no longer be valid."
HCC has now offered two options. Increase the premium from $146,907 to $368,428 for the year, or laser the one
dependent. Lasering is an insurance term meaning that the $100,000 deductible will remain in effect for all
employees and dependents, with the exception of the one dependent whose deductible will be $250,000. From the
statements in the preceding paragraph, it is apparent that there is a third option and that is not having stop loss
coverage.
The City, TML, and our consultant did everything that was asked. Unfortunately, we are now faced with a difficult
decision. Staff recommends that we allow the laser for the one employee. This would mean that the City would be
responsible for an additional $150,000 in claims before stop loss would begin paying. The additional premium that
HCC is requesting is an additional $221,521 for the year. In essence, we would pay $71,521 less with the laser
option.
I would like to point out that HCC is currently auditing claims on this one dependent made before Aprill, and they
are currently estimating that the City will receive $456,656 in stop loss refunds.
Action Reauired bv Council:
Authorize City Manager to sign revised agreement with HCC to provide stop loss insurance.
Aooroved for City Council Al!enda
@~ 'f, }S~
Robert T. Herrera, City Manager
S -- '2..- d \.
Date
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