HomeMy WebLinkAboutO-2002-2651
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ORDINANCE NO. 2002-2561
AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
LA PORTE .AND HARRIS COUNTY, FOR THE CONSTRUCTION OF BAY AREA
BOULEVARD FROM APPROXIMATELY 500 FEET NORTH OF SPENCER HIGHWAY TO
APPROXIMATELY 500 FEET SOUTH OF FAIRMONT PARICWAY, APPROPRIATING UP
TO $4,053,500.00, FROM THE 4B SALES TAX FUND, TO FUND SAID
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. City Council appropriates the sum up to $4,053,500.00
from the 4B Sales Tax Fund, 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 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.
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ORDINANCE NO. 2002-2651
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 10th day of June, 2002.
By:
CITY OF LA PORTE
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No man L. Mal e,
Mayor
ATTEST:
(~{jh J). 4U1l
Mart a A. Gilleft,
City- Secretary
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ASST. CIlY MANAGER J'
OFFICE
CITY OF LA PORTE
IN T E'R 0 F Fie E M E M 0 RAN 0 U M
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TO:
May 20, 2002
John Joerns /'
Doug Kneupper
FROM:
Robert T. Herrera, C~ Manager
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Phase I of Bay Area Boulevard
Contract between City and County
SUBJECT:
Please review the attached agreement from Bob Castille of Precinct 2.
If the agreement incorporates the changes we made to the last revision and does not
include any new changes, please place this agreement on the next available City Council
Meeting.
Thanks!
RTH:su
cc: John Joerns
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HARRISCOr!TY
DEPARTMENT OF PUBLIC INFRASTRUCTURE
ENGINEERING DIVISION
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1001 Preston A venue
Seventh Floor
Houston, Texas 77002
(713) 755-5370
14 May 2002
Mr. Robert Herrera, City Manager
City of La Porte
P. O. Box 1115
604 West Fairmont Parkway
La Porte, Texas 77572-1115
SUBJECT: Agreement
Bay Area Boulevard from Approximately 500 feet north of Spencer
Highway to Approximately 500 feet south of Fairmont Parkway
Dear Mr. Herrera:
Transmitted are duplicate originals of the agreement on the subject road project. It is
requested that the City execute the originals and submit both originals back to me.
Harris County will then execute the agreement and one fully executed original will be
sent to the City.
Your early attention to the subject matter would be appreciated.
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Attachment
cc: Elmo Wright, Pet. 2
Jackie L. Freeman, HCPID
Deborah M. Vaughn, HCPID
Central File
RECEIVED
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MAY 1 7 2002
CITY MANAGER'S
OFFICE
h:\word\pct2\05-14-02.007.doc
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~ . "HARRIS COUl'tJY
PUBLIC INFRASTRUCTURE DEPARTMENT
ENGINEERING DIVISION
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100 I Preston A venue
Seventh Floor
Houston, Texas 77002
(713) 755-5370
17 July 2002
Honorable County Judge
and Commissioners' Court
Building
Attention: Commissioner Jim Fonteno
SUBJECT: Recommendation by the County Engineer that the County Judge
be Authorized to Execute an Agreement between Harris County
and City of La Porte to Construct Bay Area Boulevard from
Approximately 500 feet North of Spencer Highway to
Approximately 500 feet South of Fairmont Parkway in Precinct 2
Gentlemen:
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Transmitted are duplicate originals of an agreement to be entered into by Harris
County and the City of .La Porte on the above subject road. T~e agreement has been
approved as to form by the County Attorney's Office and has been executed by the
City of La Porte.
In general, the terms of the agreement are as follows:
I. City of la Porte shall fund 500/0 of the project cost up to a ma.ximum of
$4,053,500.
2. City of La Porte shall acquire all right-of-way necessary for th~ project.
3. Harris County shall manage the project.
4. Harris Count" shall fund 50% of the project cost up to a maXllllum of
$4.(}5:~.5()O. .
Vote of the Court: Yes No Abstain
0 iJ ~
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C r:i:'":r;1. Lc-2 I 0 0
Cc;mrtl. FO!ito-no 0 0
I' 0 0
Comm. Rc.:d~',:;,
. Comm. EVersole 0 0
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Presented to COmmlss1u........
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JUl 2 3 2002
APPROV~ ~--I /Z-
Recorded Vol_Page
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Court Letter
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e 17 July 2002.
It is requested that. the County Judge be authorized to execute the agreement on
behalf of Harris County and that the County Clerk return the duplicate originals to
this office for further processing.
JF/RO'dh
Attachments
cc: Commissioner Jim Fonteno
Elmo Wright
Tommy Tompkins
Arthur L. Storey. Jr.
Deborah Vaughn
Robert Castille /ffi:-
Charlotte Atkili.son
Central File
Agenda File
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Sincerely,
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Jackie Freeman, P.E.
Director
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'HARRIS COutry
DEPARTMENT OF PUBLIC INFRASTRUCTURE
ENGINEERING DIVISION
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. 1001 Preston Avenue
Seventh Floor
Houston, Texas 77002
(713) 755-5370
13 Septemp.~r1.902. _____. .
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604 W Fairmont Pkwy ~......".,.. ........"~~.;;,:~~....2.l''';.i'I'''''''~...-..c :'.:: ". \ . -:-::::-".
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La Porte, Texas 77571 . ." . _GrTiCE .
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SUB TECT: Agreement ...'- -- -
Bay Area Boulevard from Approximately 500 feet north of Spencer
Highway to Approximately 500 feet south of Fairmont Parkway
Dear Mr. Joems:
Transmitted for your files is an original fully executed agreement on the road project
referenced above.
. If I can be of further service, please advise.
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RLCJic
Attachment
cc: Elmo Wright, Pet. 2
Jackie L. Freeman, HCPID
Deborah M. Vaughn, HCPID
Central File
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c& OF COMMtSSIONERS COURT
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Bayarea20011aporte 4
AGREEMENT
THE STATE OF TEXAS ~
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COUNTY OF HARRIS ~
This Agreement is made and entered into by and between Harris County, a body corporate
and politic under the laws of the State of Texas, hereinafter called "County," and the City of La
Porte, a body corporate and politic under the laws of the State of Texas, hereinafter called "City";
RECITALS:
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1. It is to the mutual benefit of County and City to construct Bay Area Boulevard (County
Road Log No. 2917-6), a street within the corporate limits of the City, from approximately 500 feet
north of Spencer Highway to approximately 500 feet south of Fairmont Parkway as a four lane
reinforced concrete boulevard section, with curb and gutter, median ditch, storm sewer, and all
necessary appurtenances, hereinafter called the "Project."
2. The County is willing to contribute up to $4,053,500 toward 50% of all costs of the Project
and to administer the design and construction of the Project, provided that City will contribute
50% of all costs of the Project up to $4,053,500. All costs attributable to the cost of the Project,
including costs of right-of-way, engineering, construction and construction support services will
sometimes be called the "Project Costs."
3. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and
benefits to the parties herein named, it is agreed as follows:
TERMS:
1. Within ninety (90) days after execution of this Agreement, the County shall endeavor to
prepare, or cause to be prepared, drawings and specifications for the Project copies of same to the
City for written approval by the Mayor of the City, or his designee.
2. The City shall undertake to acquire all right-of-way necessary for the Project by purchase,
gift, donation or exercise of the power of eminent domain. If such right-of-way or necessary right-
of-entry has not been acquired within one year after execution of this Agreement, the County's sole
remedy shall be to terminate this Agreement as provided below.
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3. Within sixty (60) days of acquisition by the City of all right-of-way or entry rights
necessary for the Project and approval of drawings and specifications for the Project in accordance
with Section 1, the County will advertise for and receive bids for the construction of the Project in
accordance with the approved drawings and specifications in the manner similar to that of other
like County projects.
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4. Upon receipt and tabulation of the bids for the Project, County will determine the lowest
responsible bidder for the construction of the Project. The County Engineer shall then estimate the
projected Project Costs.
5. In the event the estimated Project Costs are equal to or less than the sum of $8,107,000, the
County Engineer shall notify the City of the estimated Project Costs. The City shall transmit to the
County within sixty (60) days of such notification, its check made payable to Harris County in an
amount equal to one-half of the estimated Project Costs less the amount expended by the City in
acquiring right-of-way under Section 2.
6. In the event the estimated Project Costs are greater than the sum of $8,107,000, County
shall have the following options:
a. County may elect to attempt to pay the additional cost of constructing the
Project. In such case, the County shall notify the City. The City shall
transmit to the County within sixty (60) days of such notification, its check
made payable to Harris County in an amount equal to $4,053,500 less the
amount expended by the City in acquiring right-of-way under Section 2.
b.
County may reject all bids and elect not to proceed with the letting of the
contract and terminate this agreement as provided below.
c. County may reject all bids and re-advertise for bids for construction of the
Project in accordance with the approved drawings and specifications in the
same manner as before and under the same conditions.
d. Attempt to negotiate an amendment to this Agreement to provide for
payment of the additional costs, and if such an amendment is obtained,
proceed under its terms. If the parties fail to agree to an amendment to this
Agreement, then and in that event the County may proceed under one of the
other three options.
7. Within thirty (30) days after the receipt of funds from the City pursuant to Section 5 or 6
above, the County shall award the contract to the responsible bidder who submits the lowest and
best bid, in accordance with the usual and customary procedures of the County, subject to
certification of the availability of funds for the Project by the County Auditor. It is expressly agreed
and understood that the County reserves the right to reject all bids. In such event, the County, in its
discretion, may either re-advertise for bids pursuant to the same understanding with regard to
rejection of bids or terminate this agreement as hereinafter provided. The County's determination of
the responsible bidder who submits the lowest and best bid for the Project shall be final and
conclusive.
8. The County shall be responsible for administering the construction contract. During the
construction of the Project, the City shall have the right of access to the construction site and shall
have the right to review all documents, maps, plats, records, photographs, reports or drawings
affecting said construction, provided, however, each shall give notice by telephone to the Harris
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Bayarea20011aporte 4
County Engineer prior to any inspection of either the site or documents and provided further that in
conducting said inspections, City shall not interfere with the work in progress. City shall be
authorized to send representatives to and participate in the bi-weekly job-site meetings.
9. Payments by the City to County hereunder shall not be used by the County for any purpose
other than paying for the Proj ect.
10. The County shall cause the funds paid by the City to County hereunder that are not needed
to meet obligations due or contemplated to be due within sixty (60) days, to be invested in the same
manner as similar funds are invested by the County in federal obligations or interest-bearing time
deposits. The determination by County of the portion of said funds needed to meet such obligations
shall be conclusive. Upon completio~ o.f construction .of the Project, the County shall perform or
cause to be performed, a final accounting. If the total of the amounts paid by the City to the
County hereunder, including interest earnings thereon, and the amount expended by the City in
acquiring right-of-way under Section 2 exceeds an amount equal to 50% of the actual Project
Costs, the County shall promptly pay over the amount of such excess to the City. If the total of the
amounts paid by the City to the County hereunder, including interest earnings thereon, and the
amount expended by the City in acquiring right-of-way under Section 2 is less than an amount
equal to 50% of the actual Project Costs, the City shall promptly pay over the amount of such
deficiency to the County.
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11. The County acknowledges and agrees that the City's sole obligation under this Agreement
during the construction of the Project is to contribute funding for the costs of the Project to the
extent stated in this Agreement, and the City has not assumed any responsibility for the actual
construction of the Project or the performance of the work other than the contribution of funds as
provided herein. The City shall not be responsible for the maintenance or condition of the Project
facilities during construction of the Project.
12. The County may make such changes and amendments to the drawings and specifications
within the general scope of the approved Project as the County Engineer deems necessary or
desirable during construction ofthe Project.
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13. Either the County or the City may terminate this Agreement, without cause, at any time
prior to the. letting of the Contract for construction of the Project, by written notice to the other
party. After termination, neither party shall have any further obligations hereunder, except as
follows: If, at the time of termination, the total of the amounts, if any, paid by the City to the
County hereunder, including interest earnings thereon, and the amount expended by the City in
acquiring right-of-way under Section 2 exceeds an amount equal to 50% of the actual Project Costs
incurred to the time of termination, the County shall promptly pay over the amount of such excess
to the City. If, at the time of termination, the total of the amounts paid by the City to the County
hereunder, including interest earnings thereon, and the amount expended by the City in acquiring
right-of-way under Section 2 is less than an amount equal to 50% of the actual Project Costs
incurred to the time of termination, the City shall promptly pay over the amount of such deficiency
to the County. After termination of this Agreement, the County may continue, at its option, with
construction of the Project.
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14. Unless this Agreement is amended and additional funds are thereby made available, it is
expressly understood and agreed that the City has available the maximum sum of $4,053,500 to
satisfy its obligations under this Agreement; and that the County has available the maximum sum
of $4,053,500 to satisfy its obligations under this Agreement; and neither party hereto shall be
obligated to expend more than the said maximum sum available to the party.
IS. The City and its authorized representatives shall have the right to review and audit all
books, records, vouchers and documents of whatever nature related to County's performance under
this Agreement during the period of performance of this agreement and for three (3) years
thereafter or for so long as there exists any dispute or litigation arising from this agreement.
16. No party hereto shall make, in whole or in part, any assignment of this agreement or any
obligation hereunder without the prior written consent of the other parties hereto.
17. All notices required or permitted hereunder shall be in writing and shall be deemed
delivered when actually received or, if earlier, on the third day following deposit in a United States
Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt"
requested) addressed to the respective other party at the address prescribed hereinbelow or at such
other address as the other party may have theretofore prescribed by notice to the sending party.
Address for notice shall be as follows:
CITY
City of La Porte
P.O. Box IllS
La Porte, Texas 77572-ll15
County:
Harris County
Harris County Administration Building
1001 Preston, 7th Floor
Houston, Texas 77002
Attn.: County Engineer
18. This instrument contains the entire agreement between the parties relating to the rights
herein granted and the obligations herein assumed. Any modifications concerning this instrument
shall be of no force and effect excepting a subsequent modification in writing, approved by the
governing bodies and signed by all parties hereto.
IN TESTIMONY OF WHICH, this agreement, in duplicate counterparts, each having equal
force and effect of an original, has been executed on behalf of the parties hereto as follows, to-wit:
It has on the _ day of JUL 2. ~ 1.001 . 2002, been executed
on behalf of the County by the County Judge of Harris County, Texas,
a.
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Bayarea20011aporte 4
pursuant to an order of the Commissioners Court of Harris County
authorizing such execution.
b. It has on the day of , 2002, been executed
on behalf of the City by the Mayor and attested by its City Secretary,
pursuant to ordinance of the City Council of the City of La Porte authorizing
such execution.
APPROVED AS TO FORM:
HARRIS COUNTY
MIKE STAFFORD
County Attorney
BY!)~C UL5
DON C. WHITLEY .
Assistant County Attorney
By
ATTEST
CITY OF LA PORTE
BY -:JJJ ou1A . #J1/11(
Byl/~~
City secretary
Mayor
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Bayarea20011aporte 4
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of $4,053,500 to accomplish and
pay the obligations of Harris County herein.
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resented to CommissIoners' Court
JUL 2 3 2002
THE STATE OF TEXAS ~
COUNTY OF HARRIS ~
APPROVE
Recorded Vol_ Page
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at
the Harris County Administration Building in the City of Houston, Texas, on the _ day of
JUL 2 3 2002 , 2002, with the following members present, to-wit:
R.",b!A .gk~lC' C"'.......t} ."huige
EI Franco Lee Commissioner, Precinct No. I
James Fonteno Commissioner, Precinct No.2
Steve Radack Commissioner, Precinct No.3
Jerry Eversole Commissioner, Precinct No.4
and the following members absent, to-wit: ~.. ~~..b . constituting
a quorum, when among other business, the fi wing was transacted:
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ORDER AUTHORIZING/APPROVING AGREEMENT BETWEEN HARRIS
COUNTY AND THE CITY OF LA PORTE, FOR JOINT FUNDING OF THE
CONSTRUCTION OF BAY AREA BOULEVARD FROM APPROXIMATELY
500 FEET NORTH OF SPENCER HIGHWAY TO APPROXIMATELY 500 FEET
SOUTH OF F ARMONT P ARKW A Y
Commissioner
that the same be adopted. Commissioner
adoption of the order. The motion, carrying
following vote:
introduced an order and made a motion
seconded the motion for
ith it the adoption of the order, prevailed by the
Vote of the Court:
AYES:
NAYS: Comm. Lee ~ 0 0
ABSTENTIONS: Comm. Fonteno 0 0
Comm. Radack 0 0
Comm. Eversole 0 0
~ISS'Q~I? Le~
'f.he CSRDty ]ydge-thereupon announced that the motion had duly and lawfully carried and
that the order had been duly and law-fully adopted. The order thus adopted follows:
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IT IS ORDERED that the County Judge is authorized to execute for and on behalf of Harris
County, an Agreement by and between Harris County and the City of La Porte, for joint funding of
the construction Bay Area Boulevard (County Road Log No. 2917-6), a street within the corporate
limits of the City, from approximately 500 feet north of Spencer Highway to approximately 500
feet south of Fairmont Parkway as a four lane reinforced concrete boulevard section, with curb and
gutter, median ditch, storm sewer, and all necessary appurtenances, said Agreement being
incorporated herein by reference for all purposes as though fully set forth word for word.
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Tract 02
Bay Area Boulevard
PIN No. B/102/0399/001
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METES AND BOUNDS
DESCRIPTION
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DESCRIPTION OF 0.014 ACRES OR 612 SQUARE FEET BEING OUT OF A CALLED 3 ACRE
TRACT AS CONVEYED BY PARTNERSHIP AGREEMENT DEED DATED JANUARY 12, 1985,
FROM THOMAS H. SULLIVAN, EXECUTOR AND TRUSTEE, TO THE LA PORTE
PROPERTIES PARTNERSHIP AS RECORDED UNDER HARRIS COUNTY CLERK'S FILE
NUMBER J997395 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.014
ACRES BEING OUT OF LOT 80 OF THE LA PORTE OUTLOTS AS RECORDED IN VOLUME
59, PAGE 313, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 0.014 ACRES
BEING SITUATED IN THE RICHARD PEARSALL SURVEY, ABSTRACT NUMBER 625,
HARRIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS. (All bearings are based on the existing west right-of-way line of Bay
Area Boulevard (width varies) as recorded under Harris County Clerk's File Number E351190 of
the Deed R~cords of Harris County, Texas, dated December 13,1974.)
BEGINNING at a .5/8 inch iron rod wit~. a cap set for corner at the intersection of the south right-
of-way line of Spencer Highway (based on a 108 feet wide right-of-way, Volume 59. Page 313 of
the Deed Records of Harris County, Texas) and the west right-of-way line of Sens Road (26th
Street) (based on a 105 feet wide right-of-way, Volume 67, Page 1 of the Deed Records of Harris
County, Texas and Harris County Clerk's File Numb"er E375198 of the Deed Records of Harris
County, Texas) said 5/8 inch iron rod also being the on the east line of said 3 acre tract, from
which a 1 1/2 II iron bar was found east 4.35 feet and south 3.06 feet;
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THENCE South 030 00' 26" East, along the west right-of-way line of said Sens Road and the east
line of said 3 acres a distance of 35.00 feet to a 5/8 inch iron rod with a cap set for cutback
corner;
f:.-.::
THENCE North 48!' 02' 15n West, leaving the west right-of-way line of said Sens Road and with
said cutback a distance of 49.47 feet to a 5/8 inch iron rod with a cap set for cutback corner on
the south right-of-way line of said Spencer Highway;
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THENCE North 860 56' 05" East, along the south right-of-way line of said Spencer Highway, a
distance of 35.00 feet to the POINT OF BEGINNING of the herein described tract of land and
containing within these calls 0.014 acres or 612 square feet of land; .
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D AND SEAL THIS THE 19th DAY OF FEBRUARY, 2001
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Scot L e
Regi r Professional Land Surveyor .
Te s Registration No. 5007 ,
(This metes and bounds description was prepared in conjunction with a survey prepared by Land
Surveying, Inc., Project no. 00010, dated 2/19/01, revised 4/27/01).
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Cru'ed by Land Su,,",yinS Inc.
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Page 1 of 1
Tract 03
Bay Area Boulevard
PIN No. B/102/0399/001
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METES AND BOUNDS
DESCRIPTION
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DESCRIPTION OF 0.014 ACRES BEING OUT OF A CALLED 1.9203 ACRE TRACT AS
CONVEYED BY DEED DATED MAY 23, ,1997 FROM DECKER McKIM TO JOHNNY W.
FUSILER, LOUISE WILSON AND PAUL KENNEDY AS RECORDED UNDER HARRIS COUNTY
CLERK'S FILE NUMBER S464515 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS.
SAID 0.014 ACRES BEING OUT OF LOTS 8 AND 9,BLOCK 734 OF THE LA PORTE
SUBDIVISION AS RECORDED IN VOLUME 67, PAGE 1, OF THE DEED RECORDS OF
HARRIS COUNTY, TEXAS. SAID 0.014 ACRES BEING SITUATED IN THE RICHARD
PEARSALL SURVEY, ABSTRACT NUMBER 261, HARRIS COUNTY, TEXAS AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. (All bearings
are based on the existing west right-of-way line of Bay Area Boulevard (width varies) as recorded
under Harris County Clerk's File Number E351190 of the Deed Records of Harris County, Texas,
dated December 13, 1974.)
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BEGINNING at a 5/B inch iron rod with a cap set for corner at the intersection of the south right-
of-way line of Spence'r Highway (based on a 114 feet wide right-of-way, Harris County Clerk's File
Number D304587 of the Deed Records of Harris County, Texas) and the east right-of-way line of
Sens Road (261h Street) (based on a 105 feet wide right-of-way, Harris County Clerk's File
Number E375198 of the Deed Records of Harris County, Texas and Vol. 67, Pg. 1 of the Deed
Records of Harris County, Texas). Said SIB inch iron rod also being the northwest corner of said
1.9203 acres, and the northeast corner of a called 0.437 acre tract conveyed by deed dated
February 17, 1975, from Dr. Coleman Carter, Jr., Trustee to the City of La Porte recorded under
Harris County Clerk's File Number E375198 of the Deed Records of Harris County, Texas, from
said set 5/8 inch iror,l rod with a cap, a 1/2 inch rod was found east 0.44 feet; .
THENCE North 860 56' OS" East, along the south right-of-way line of said Spencer Highway and.
the north line of said 1.9203 acres a distance of 35.00 feet to a 5/8 inch iron rod with a cap set for
cutback corner;
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THENCE South 410 57' 49" West, leaving the south right-of-way line of said Spencer Highway
and with said cutback a distance of 49.52 feet to a 5/8 inch iron rod with a cap set for cutback
corner in the east right-of-way line of said Sens Road and the west line of said 1.9203 acres and
the east line of said 0.437 acres;
THENCE North 030 00' 26" West, along the east right-of-way line of said Sens Road, and the
west Iirie of said 1.9203 acres and the east line of said 0.437 acres a distance of 35.00 feet to the
POINT OF BEGINNING of the herein described tract of land and containing within these calls
0.014 acres or 612 square feet of land;
D SEAL THIS THE 19th DAY OF FEBRUARY, 2001
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Sco owe
Registere rofessional Land Surveyor
Texas R istration No. 5007
(This m es and bounds description was prepared in conjunction with a survey prepared by Land
Surveying, Inc., Project no. 00010, dated 2/19/01, revised 4/27/01).
Co..led by Land Surveying Inc.
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Tract 04
Bay Area Boulevard
PIN No. B/102/0399/001
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METES AND BOUNDS
DESCRIPTION
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DESCRIPTION OF 0.141 TOTAL ACRES OR 6126 TOTAL SQUARE FEET OF LAND OUT OF
A CALLED 2.403 ACRE TRACT AS CONVEYED BY DEED DATED MAY 8,1984 FROM BEN J.
FORTSON, TRUSTEE TO "BRYAN MOORE, JR. AND DAVID MOORE, AS RECORDED UNDER
HARRIS COUNTY CLERK'S FILE NUMBER OF THE DEED RECORDS OF HARRIS COUNTY,
TEXAS. SAID 0.141 ACRES BEING OUT OF LOTS 12 AND 13, BLOCK 707 OF THE LA
PORTE SUBDIVISION, AS RECORDED IN VOLUME 67, PAGE 1, OF THE DEED RECORDS
OF HARRIS COUNTY, TEXAS. SAID 0.141 ACRES BEING LOCATED IN THE RICHARD
PEARSALL SURVEY, ABSTRACT NUMBER 625, HARRIS COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. (All bearings
are based on the existing west right-at-way line of Bay Area Boulevard (width varies) as recorded
under Harris County Clerk's File Number E351190 of the Deed Records 'of Harris County, Texas,
dated December 13,1974.)
PARCEL "A": (0.014 acres or 612 square feet of land)
:'..;:
BEGINNING at a 5/8 inch iron rod with a cap set at the intersection of the north right-of-way line
of Spencer Highway (based on a 114 feet right-of-way, Harris County Clerk's File Number
D3045870f the Deed Records of Harris County, Texas) and the east right-of-way line of Sens
Road (26th Street) (based on a variable width, Harris County Clerk's File Number G818256 of the
Deed Records 9f Harris County, Texas and Volume 59, Page 313, of the Deed Records of Harris
County). Said 5/8 inch iron rod als~ being the southwest corner of said 2.403 acre tract;
THENCE North 03" 00' 26- West, along the east right-of-way line of said Sens Road and the west
line of said 2.493 acres for a distance 01.35.00 feet to a 5/8 inch iron r.od with a cap set for
cutback corner;
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THENCE South 48" 02' 11" East. leaving the east right-of-way line of said Sens Road with said
cutback for a distance of 49.47 feet to a 5/8 inch iron rod with a cap set for cutback corner in the
north right-of-way line of said Spencer highway;
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THENCE South 86" 56' 05" West. along the north right-of-way line of said Spencer Highway. and
the south line of said 2.403 acres for a distance of 35.00 feet to the POINT OF BEGINNING of
the herein described parcel of land and containing within these calls 0.014 acres or 612 square
feet of land;
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PARCEL "B": '(0:127 acres or 5514 square feet of land)
COMMENCING at a 5/8 inch iron rod with a cap set at the intersection of the north right-of-way
line of Spencer Highway (based on a 114 feet right-of-way, Harris C,?unty Clerk's File Number
D304587 of the Deed Records of Harris County. Texas) and the east right-of-way line of Sens
Road (26th Street) (based on a variable width Harris County Clerk's File Number G818256 of the
Deed Records of Harris County, Texas and Vol. 59, Pg. 313 of the Deed Records of Harris
County, Texas), said 5/8 inch iron rod also being the southwest corner of said 2.403 acre tract;
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Tract 04
Bay Area Boulevard
PIN No. B/102/0399/001
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THENCE North 030 00' 26" West, along the east right-of-way line of said Sens Road and the west
line of said 2.403 acres for a distance of 68.98 feet to a 5/8 inch iron rod with a cap set for corner
and being the POINT OF BEGINNING of the herein des~ribed tract of land;
THENCE North 070 17' 01" West, along the existing east right-of-way line of said Sens Road
(variable width right-of-way) for a distance of 385.13 feet to a 5/8 inch iron rod with a cap set for
corner in the north line of said NO,rth "A" Street (Volume 67, Page 1 of the Deed Records of Harris
County, Texas) (abandoned by the City of La Porte, Ordinance Number 1252) and the south line
of a called 6.421 acre tract as conveyed by deed dated November 20, 1984, from Ben J. Fortson,
Trustee to the Du Pont La Porte Employees Federal Credit Union as recorded under 'Harris"
County Clerk's File Number J820059 of the Deed Records of Harris County, Texas;
::', .
THENCE North 87003' 03" East, leaving the existing east right-of-way line of said Sens Road and
along the north line of said 2.403 acres and the south line of said 6.421 acres for a distance of
28.72 feet to a 5/8 inch iron rod with a cap set for corner;
THENCE South ,030 00' 26" East, along the proposed east right-of-way line of said Sens Road for
a distance of 384.03 feet the POINT OF BEGINNIN'G of the herein described parcel of land and
containing within these calls 0.127 acres or 5,514 square feet of land;
. :;
WITNESS MY HAND A D ~EAL THIS THE 20th DAY OF FEBRUARY, 2001
(Revised 4/27 1)
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ScotLo
Registered R ofe
Texas Regi rati No. 5007
(This mete and ounds description was prepared in conjunction with a survey prepared by Land
Surveying, Inc., project no. 00010, dated 2/20/01 revised 4/27/01).
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Tract 05
Bay Area Boulevard
PIN No. B/102/0399/001
METES AND BOUNDS
DESCRIPTION
DESCRIPTION OF 0.014 ACRES ,OR 612 SQUARE FEET, BEING OUT OF A CALLED 25.8292
ACRE TRACT AS CONVEYED BY DEED DATED APRil 15, 1981 FROM KENNETH R. BRYAN,
TRUSTEE TO LAWRENCE B. CHAPMAN, TRUSTEE, AS RECORDED UNDER HARRIS
COUNTY CLERK'S FilE NUMBER G933350 OF THE DEED RECORDS OF HARRIS COUNTY
TEXAS. SAID 0.014 ACRES BEING OUT OF' LOT 61 OF THE LA PORTE OUTLOTS'
RECORDED IN VOLUME 5, PAGE 313 OF THE DEED RECORDS OF HARRIS COUNTY'
TEXAS. SAID 0.014 ACRES BEING SITUATED IN THE RICHARD PEARSALL SURVEY'
ABSTRACT NUMBER 261, HARRIS COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOllOWS. (All bearings are based on the existing
west right-of-way line of Bay Area Boulevard (width varies) as recorded under Harris County
Clerk's File Number E351190 of the Deed Records of Harris County, Texas, dated December 13,
1974.)
," .
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BEGINNING at a 5/8 inch iron rod with a cap set at the intersection of the north right-of-way line
of Spencer Highway (based on a 108 feet right-of-way, Volume 59, Page 313 of the Deed
Records of Harris County, Texas) and the west right-of-way line of Sens Road (26th Street)
(based on a variable width, Harris County Clerk's File Number G818256 of the Deed Records of
Harris County, Texas and Volume 59, Page 313 of the Deed Records of Harris County, Texas).
Said 5/8 inch iron rod also being the southeast corner of said 25.8292 acres;
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THENCE South 86" 56' OS" West, along the north right-of-way line of said Spencer Highway and
the south line of said 25.8292 acres for a distance of 35.00 feet to a 5/8 inch iron rod with a cap
set for cutback corner;
THENCE North 41" 57' 49" East, leaving the north right-of-way line of said Spencer Highway and
with said cutback for a distance of 49.52 feet to a 5/8 inch iron rod with a cap set for cutback
corner in the west right-of-way line of said Sens Road;
THENCE South 03" 00' 26" East, along the west right-of-way line of said Sens Road, and the
east line of said 25.8292 acres for a distance of 35.00 feet to the POINT OF BEGINNING of the
herein described tract of land and containing within these calls 0.014 acres or 612 square feet of
land;
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L THIS THE 19th DAY OF FEBRUARY, 2001
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Regis red Professional land Surveyor
Te s Registration No. 5007
(Ti is metes and bounds description was prepared in conjunction with a survey prepared by Land
Surveying, Inc., Project no. 00010, dated 2/19/01, revised 4/27/01).
.)
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Tract 06
Bay Area Boulevard
PIN No. B/102/03991001
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METES AND SOUNDS
DESCRIPTION
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DESCRIPTION OF 0.404 ACRES OR 17,586 SQUARE FEET, BEING OUT OF A CALLED 6.421
ACRE TRACT AS CONVEYED BY DEED DATED NOVEMBER 20, 1984, FROM BEN J.
FORTSON, TRUSTEE TO DU PONT LA PORTE EMPLOYEES FEDERAL CREDIT UNION AS
RECORDED UNDER HARRIS COUNTY CLERK'S FILE NUMBER J820059 OF THE CREDIT
DEED RECORDS OF HARRIS COUNTY, TEXAS. SAID 6.421 ACRES BEING ALL OF BLOCK
697, PART OF BLOCK 698 AND INCLUDING THE ALLEY CONTAINED THEREIN AND 24lh
STREET, 25th STREET AND THE SOUTH 32.50 FEET OF NORTH "B" STREET AS
ABANDONED BY THE CITY OF LA PORTE (ORDINANCE NUMBER 1252, DATED MARCH
18, 1981) AS RECORDED IN VOLUME 67, PAGE 1, OF THE DEED RECORDS OF HARRIS
COUNTY, TEXAS. SAID 6.421 ACRES BEING SITUATED IN THE RICHARD PEARSALL
SURVEY, ABSTRACT NUMBER 261, HARRIS COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. (All bearings are
based on the existing west right-of-way line of Bay Area Boulevard (width varies) as recorded
under Harris County Clerk's File Numb~r E351190 of the Deed Records of Harris County, Texas,
dated December 13, 1974.) .
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COMMENCING at a 5/8 inch iron rod with a cap set at the intersection of the north right-of-way
line of Spencer Highway (based on a 114 feet right-of-way, Harris County Clerk's File Number
D304587 of the Deed Records of Harris County, Texas) and the east right-of-way line of Sens
Road (26th Street) (based on a variable width Harris County ClerK's File Number G818256 of the
Deed Records of Harris County, Texas and Volume 59, Page 313 of the Deed Records of Harris
County, Texas). Said 5/8 inch iron rod also being the southwest corner of a called 2.403 acre
tract as conveyed by deed dated May 8,1984, from Ben J. Fortson, Trustee to Bryan Moore, Jr.
and David Moore recorded under Harris County Clerk's File number J755803 of the Deed
Records of Harris County, Texas;
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THENCE North 030 00' 26" West, along the east right-of-way line of said Sens Road and the west
line of said 2.403 acres for a distance of 68.98 feet to a 5/8 inch iron rod with a cap set for corner;
THENCE North 070 17' 01" West, along the existing east right-of-way line of said Sens Road for a
distance of 385.13 feet to a 5/8 inch iron rod with a cap set for corner in the north line of said
2.403 acres and in the south line of said 6.421 acres and being the POINT OF BEGINNING of
the herein described tract of land;
, .
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THENCE North 070 17' 01" West. continuing along the existing east right-of-way line of said Sens
Road, for a distance of 211.93 feet to a 518 inch iron rod with a cap set for corner;
'. .
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THENCE North 030 DO' 17" West, continuing along the existing east right-of-way line of said Sens
Road, passing at a distance of 36.12 feet a 5/8 inch iron rod was found east 0.18 feet, and
continuing for a total distance of 221.19 feet to a 518 inch iron rod with a cap set for corner, same
being in the north line of said 6.421 acres, from said 5/8 inch iron rod a 1 1/2 inch iron bar was
found east 0.47 feet;
'.
THENCE North 860 59' 08" East, leaving the existing east right-of-way line of said Sens Road and
along the north line of said 6.421 acres for a distance of 44.51 feet to a 5/8 inch iron rod with a
cap set for corner in the proposed east right-of-way line of said Sens Road;
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THENCE South 030 DO' 26" East, along the proposed east right-of-way line of said Sens Road for
a distance of 432.57 feet to a 518 inch iron rod with a cap set for corner in the north line of said
2.403 acres and the south line of said 6.421 acres;
. Cn:l1ed by Lalld Su"",yinB Inc.
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Page 2 of 2
Tract 06
Bay Area Boulevard
PIN No. B/102/0399/001
.
THENCE South 87D 03' 03" West, along the north line of said 2.403 acres and the south line of
said 6.421 acres for a distance of 28.72 feet to a 5/8 inch iron rod with a cap set for corner in the
east right-of-way line of said Sens Road and the POINT OF BEGINNING of the herein described
tract of land and containing within these calls 0.404 acres or 17,586 square feet of land;
WITNESS MY HAND AND SEAL THIS THE 20th DAY OF FEBRUARY, 2001
(Revised 4/27/01)
Scot La
Regis e ional Land Surveyor
Tex R n No. 5007
(This m s and bounds description was prepared in conjunction with a survey prepare
Survey g. Inc., Project no. 00010, dated 2/20/01, revised 4/27/01)
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SUllNAN. DEellTOR and tP
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PROParIr:s rNlINERStnp
H.C.cS. NO. "g'7395
PMH€RSHlP AORtOolE"f DEED
D'\TED: ~. 12. 1985
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ASKINS & ARMSTRONG, P.C.
ATTORNEYS AT LAW
702 W. FAtRMONT PARKWAY
P. O. BOX 1218
LA PORTE. TeXAS 77572.1218
.
KNOX W. ASKINS
JOHN D. ARMSTRONO
TELEPHONE 281 0471.1888
TELECOPIER 281 471.20047
E.MAIL: kwaskins<<illlOt.com
iohn-a8swben.net
crhuber@swbeII.net
ctaskins8swbell.net
CHARLES R. HUBER, JR.
BOARD CERtIFIED. CIVIL tRIAL LAW
TEXAS BOARD OF LEGAL SPECIALIZAtiON
CLARK T. ASKINS
August 8,2001
Honorable Mayor Norman Malone
And Members of the City Council
City of La Porte
RE: Ordinance Determining the Population of the City of La Porte On the Basis
of the Year 2000 Census; Determining that Existing City Council Single
Member Districts are Materially Unbalanced; Directing the Redistricting
Committee to Draw New City Council Single Member District Boundaries;
and Establishing Criteria for the Redistricting Committee to Utilize
.
Dear Mayor Malone and Council:
The City Attorney's office has determined that it would be wise to establish a set
of criteria for the Redistricting Committee to follow as it completes the task you charged
it with, i.e. the redrawing of City Council Single Member District lines within the City of La
Porte. Our determination is based upon material changes in the law as effects the
redistricting process, since the last redistricting process occurred in 1991-92. .
Our office has prepared an ordinance for your consideration that we believe
accurately directs the redistricting committee in accordance with the law as it exists
today, taking into account mandates of the Voting Rights Act of 1965 (as amended) as
well as up-to-date existing United States Supreme Court decisions, and regulations
promulgated by the Department of Justice.
The ordinance, in our estimation, follows the law as currently stated in
recognizing the tension between the Shaw v. Reno (one man, one vote principle) line of
cases, and the mandates of the Voting Rights Act of 1965, as amended.
.
Passage of the ordinance as presented will give the Redistricting Committee
invaluable assistance and direction as they complete their task.
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Our office shall be available at the City Council meeting of August 13, 2001, and
will be happy to answer any questions that you might have. .
John
Assista ity Attorney
City of La Porte
JDA:las
Enclosure
cc: . Robert T. Herrera, City Manager
Sidney Grant, Chairman and Members of Redistricting Committee
Knox W. Askins, City Attorney
Martha Gillett, City Secretary
Masood Malik, City Planner