HomeMy WebLinkAboutO-1991-1764
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ORDINANCE NO. 1764
AN ORDINANCE APPROVING AND AUTHORIZING AN EASEMENT TO HOUSTON
LIGHTING & POWER COMPANY FROM THE CITY OF LA PORTE, GRANTING A FIFTY
FOOT (50') RIGHT-OF-WAY FOR A l38KV ELECTRICAL TRANSMISSION LINE,
ALONG THE SOUTH EDGE OF BLOCKS 475 AND 474, TOWN OF LA PORTE, HARRIS
COUNTY, TEXAS, AND A PORTION OF THE ADJOINING FORMER "H" STREET
RIGHT-OF-WAY 1 MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT1 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The City Manager is hereby authorized to execute such document and
all related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated1 and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after
its passage, and approval, and it is so ordered.
PASSED AND APPROVED, this 24th day of June
, 1991.
CITY OF LA PORTE
BY ~ m.r~~
,~!?e_,t!9~a~9P~in, .May?r ~ro Tem
ATTEST: ~
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Cherie Black
City Secretary
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KNOX W. ASKINS
.JOHN O. ARMSTRONG
ASKINS & ARMSTRONG, P. C.
AlTORNEYS AT LAW
702 W, FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE. TEXAS 77572-1218
TELEPHONE 713 471-1 eee
TELECOPIER 713 471-2047
June 12, 1991
Mr. Robert T. Herrera
City Manager
City of La Porte
City Hall
La Porte, Texas
Dear Bob:
At your request, I have examined proposed easement from the City of
La Porte to Houston Lighting & Power Company, for a 138KV electrical
transmission line, being a 50 foot wide electrical transmission
right-of-way along the south edge of Blocks 475 and 474, Town of La
Porte, Harris County, Texas, for Houston Lighting & Power Company to
serve Tenneco.
The terms of the easement are set out in letters dated April 4, 1991
and April 5, 1991, from Houston Lighting & Power Company to the City
of La Porte. I have spoken with Mr. Clayton L. Williamson, Land
Agent for Houston Lighting & Power Company, about the proposed
easement. Although there have been extensive discussions between
the City of La Porte, Houston Lighting & Power Company, and Southern
Pacific, concerning the alignment of the Houston Lighting & Power
Company easement, and Southern Pacific spurs across the easement
area, the Houston Lighting & Power Company proposed easement is in
standard form, and does not show, on the map attached thereto, the
positioning of the Houston Lighting & Power Company poles and
equipment, nor does the easement language confine Houston Lighting &
Power Company in any way as to pole location. The easement does
provide that the City reserves the right to "extend railroad spur
tracks, roads or streets and f.nces across, but not along the
easement...conveyed." City or railroad facilities cannot be closer
than 12 feet to any of Houston Lighting & Power Company's "then
existing structures." Further, the easement document provides that
the City would have to first seek Houston Lighting & Power Company
approval of plans and specifications for proposed crossing and the
location thereof.
There is easement language to the effect that the spurs must cross
the easement, and not parallel the easement. In conversation with
Mr. Williamson to obtain clarification of this language, he said
this language was intended to prevent streets or railroad tracks to
parallel the easement, within the 50 foot easement strip. I see no
objection to this requirement. In other words, the proposed
railroad spur which would go west on "H" Street, could be
constructed in the remaining former right-of-way of "H" Street,
without impeding the easement.
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Mr. Robert T. Herrera
City Manager
June 13, 1991
Page 2
In summary, the easement is in typical form, and I have no objection
to the basic easement language. My preference would have been to
have an easement where Houston Lighting & Power Company exactly
delineates the location of its proposed facilities, and,
simultaneously with the execution of the easement, have Houston
Lighting & Power Company approve the plans and specifications for
the exact planned Southern Pacific spur crossings. However, in
conversation with Mr. Williamson, Houston Lighting & Power Company
is willing to do neither. Therefore, other than the quoted language
from the easement, allowing Southern Pacific spurs to cross, with
approval of Houston Lighting & Power Company, there is no written
agreement between the City and Houston Lighting & Power Company, on
these matter. Mr. Williamson indicated that Houston Lighting &
Power Company feels it must have latitude for exact placement of the
facilities within its easement, and also future placement.
I have enclosed proposed form of ordinance for your use in placing
this easement on a City Council agenda for consideration and
approval by City Council. The recent letter from Texas Parks &
Wildlife to your office, indicates conditional approval to the City
to enter into the easement agreement with Houston Lighting & Power
Company at this time. The City should obtain the checks for the
payment of the value of the easement, $36,650.00, as well as the
$29,000.00 check for acquisition of substitute parkland, in exchange
for delivery of the signed easement and certified copy of ordinance
approving same.
Please advise if I may be of any further assistance on this matter.
Yours very truly,
~
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
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The Light
CODlpaDY
Houston Lighting & Power
RECEIVED
JON 1 7 1991
CITY MANAGERS
P. O. Box 1700 Hou on, Texas 70J51t 713) 228-9 11
~~ June 11, 1991
Mr. Joel H. Albrecht
Director of Community Development
City of La Porte
P. O. Box 1115
La Porte, Texas 77572
Re: Request by' Houston Lighting & ~ower Company to the City of
La Porte for a Fifty Foot Wide Electrical Transmission
Right of Way along the south edge of Blocks 475 and 474
within the city limits of Morgan's Point.
Dear Mr. Albrecht:
This letter is to express our appreciation for the prompt
resolution by the City of La Porte concerning the park site
problems associated with the above referenced project.
We look forward to securing the easement instrument previously
submitted to you and hope this can be ,done during the month of
July. Any assistance that can be provided to do so will be greatly
appreciated. .
Houston Lighting & Power Company will participate for one-
third of the amount, not to exceed $2~"OOO, necessary for the
purchase of additional park land required for the Texas Department
of Parks & Wildlife to approve issuance of this easement grant;
however, this participation must be concluded before the end of the
1991 calendar year. This participation is separate from the
consideration agreed upon for the easement itself.
If there are any questions concerning this matter, please
contact me at 623-3117. Your cooperation is appreciated.
Sincerely,
HOUSTON LIGHTING & POWER COMPANY
~';Z Lv~
Clayton L. Williamson, Senior Agent
Land & Right of Way Department
Land ManagHment Division
CLW:g1
A Subsidiary of Houston Industries Incorporated
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CITY OF LA PORTE
PHONE 17131 471.5020 . p, 0, BOx 1115 . LA PORTE, TEXAS 77572
June 7, 1991
Jim Wyatt
Houston Lighting and Power Company
P.o. Box 597
Seabrook, TX 77586
Dear Mr. wyatt:
Enclosed please find a letter from the Texas Parks & Wildlife
Department to the city of La Porte dated June 4, 1991.
The correspondence speaks favorably to our request to release a
grant commitment from the Texas Parks and wildlife Department and
has given us conditional approval from the commission so we can
work with Houston Lighting and Power company's need to develop a
138 kv transmission line.
As you are aware, any time a public agency requests to de-
commission a park site that was enhanced with federal funds, the
public agency must meet and fulfill some very complex legislation.
It's refreshing to know that the Texas Parks & wildlife Department
is supporting our request which we made on your behalf, and the
development of property located within our northeast quadrant. As
we have discussed and reached agreement on, we can only complete
this transaction by replacing the'property de-commissioned (6.0
acres mini-bike park) with substituted land of like recreational
value.
The associated cost to complete this land conversion is estimated
to be $87,000. This amount includes property acquisition, surveys,
land appraisals (2) and some attorney fees.
Verbally on June 3, 1991, you committed that HL&P would participate
in the conversion cost up to an amount of $29,000 which is 1/3 of
the estimated project. The City agrees to match an additional 1/3,
and we are currently completing negotiations with the property
owner to the south of the mini-bike park for a 1/3 contribution.
Please keep in mind this conversion process and de-commission
element is separate and above the proposal submitted by HL&P to
the City on April 4, 1991, to secure a 50' easement that would run
east to west across the southern edge of the mini-bike park.
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June 7, 1991
Page 2
On behalf of the city of La Porte, we thank you for your
understanding and genuine desire to service the growth needs of the
city's northeast quadrant with electrical service. I will advise
our city Attorney to prepare the necessary paper work on this most
crucial project.
Sincerely,
G~ T~ ~
Robert T. Herrera'
city Manager
Attachment
xc: City Attorney
.,....
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COMMISSIONERS
CHUCK NASH
Chairman, San Marcos
JOHN WILSON KELSEY
VICe-Chairman
Houston
LEE M. BASS
Fl Worth
HENRY C. BECK. III
Dallas
YGNACIO D, GARZA
BlOwnsviDe
TERESE TARLTON HERSHEY
Houston
GEORGE C. "TIM' HIXON
San Antonio
BEATRICE CARR PICKENS
Dallas
WALTER UMPHREY
Beaumont
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TEXAS
PARKS AND WILDLIFE DEPARTMENT
4200 Smith School Road . Austin. Texas 78744 . 512.389-4800
ANDREW SANSOM
Execulive Director
June 4, 1991
Mr. Robert T. Herrera
City Manager
P.O. Box 1115
La Porte, Texas 77572-1115
Dear M~era:
Thank you for your letter of May 15 concerning the proposal to
release the grant commitment to the Mini Bike Park project site.
We have rev i ewed your subst i tut ion proposal and concur that it
results in a greater recreation benefit to your citizens than the
Mini Bike Park site. Other administrative requirements must be met
to complete the conversion and substitution process, but in the
interest of expediency of allowing the use of the Mini Bike site for
the transmission line, we are granting conditional approval for the
conversion.
The staff of our Grants- In-Aid Branch will be contacting, you to
request further information to complete the substitution. Approval
of the conversion is conditioned upon La Porte meeting all
requirements of the enclosed Guidelines for Conversion. This may
mean the requirement to prove equivalence of appraised value for the
substitution site when compared with the converted park. Approval
is also cont i ngent upon acceptance of the subst i tut i on by the
National Park Service.
Please contact Tim Hogsett of th~ Grants-In-Aid Branch at 512/389-
4949 for further information on this process. Your assistance in
meeting grant requirements is greatly appreciated.
Sincerely,
Officer
AS:TH:js
Enclosure
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The Light
CODlpaD)'
Houston Lighting & Power
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P. O. Box 1700 Houston, Texas 77251 (713) 228-9211
April 4, 1991
Mr. Robert Herrera
City Manager
City of LaPorte
P. O. Box 1115
LaPorte, Texas 77572
Re: Request by Houston Lighting & Power Company to the City
of LaPorte for a 50-Foot Wide Electrical Transmission
Right-of-Way Along the South Edge of Blocks 475 and 474
Within the City Limits of Morgan's Point
Dear Mr. Herrera:
As we have previously discussed, Houston Lighting & Power
Company is preparing to construct a 138KV.,electrical transmission
line in the LaPorte area. This line will enable a major industry
in the LaPorte area, Tenneco, to build a new manufacturing
facility. Enclosed is a letter that explains the entire project in
greater detail and summarizes its benefits to the LaPorte area.
In order to construct this project, it will be necessary for
Houston Lighting & Power Company to secure an easement from the
City of LaPorte. This easement will be 50-feet wide and would
contain 27, 312 square feet of land. The easement would run east to
west across the southern edge of Blocks 475 and 474 within the city
limits of the City of Morgan's Point. Enclosed is the proposed
easement instrument for your review. This instrument contains
language that addresses the City of LaPorte's desire to be able to
cross the easement with improvements such as streets, rail, and
utilities.
This easement is off-set 15-feet north of the property line
for two reasons. First, it will keep the transmission line in a
straight pattern and eliminate the need of setting an additional
pole in street right-of-way just to the west of the City's
property. Secondly, by allowing this strip to remain unencumbered,
the Southern Pacific Transportation Company will be able to work
with the city of LaPorte in extending a spur track across the
property and continue westerly into the City of LaPorte should rail
be necessary for any future industry locating in this vicinity.
Houston Lighting & Power Company has established through an
independent appraisal that the value of this 27,123 square foot
easement is 75 percent of the full market value of $1.35 per square
foot, which amounts to $27,653.40. It has further been determined
A Subsidiary of Houston Industries Incorporated
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Houston Lighting & Power Company
Mr. Robert Herrera
April 4, 1991
2
by the independent appraisal that the $1.35 per square foot full
value of the IS-foot wide strip of City property south of the
easement will be adversely impacted by 75 percent. Since this 15-
foot wide strip contains 8,879 square feet of land, a compensation
of $8,989.99 is the monetary figure applicable for this negative
impact. Therefore, Houston Lighting & Power Company hereby offers
to pay the City of LaPorte the sum of $36,650.00 as full
compensation in this matter.
It is requested that the City of LaPorte review this proposal,
and if it is acceptable, we ask that the easement grant process be
initiated by the City as soon as possible.
If there are any questions concerning this request, please
contact me at 623-3117. Your cooperation in this matter is
appreciated.
Sincerely yours,
~ ~ Lv~
Clayton L. Williamson, Sr. Agent
Land & Right-of-Way Department
Land Management Division
CLW:sdz
Enclosures
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50 0 50 100 150
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SCALE IN FEET
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THE EXTERIORS OF ALL E'ASEMDITS ARE TO
INTERSECT WITH lHE EX1!:RIORS OF ALL
ADJOININC EASDAENTS OR WITH ADJOINING
PROPERTY UNES,
REVISIONS NO. NO.2 NO, 3
JOB NO,
REVISED BY:
DAfE:
~ED BY:
EASEMENT - UNOBSTRUCTED
COUN1Y: HARRIS
DATE: NOV, 19,1990 SCALE: ,"
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= 00,'
CHO:I(ED "'"f"f)
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HOUSTON UGHTING & POWER CO
SURVEYING & MAPPING DIVISION
DISK NO: JLG-l1 -90
SKETCH NO. 90-043A
NOTE:
NORTH .. H" STREET CLOSED BY
CITY OF MORGAN'S POINT
ORDINANCE #264
JOHNSON HUNTER
LEAGUE A-35
VOL.
83
pc.
NEBRAS.KA
BLK.
456
345 H. C.D.R
457
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CllY of LA ,PORTE
Vol. 7829 Pg. 263
Vo\. 7515 Pg. 455
Lots 1-32
591.92'
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BLK.
851 Pg. 544
Lots 1-32
474
NORTH
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28A(10-86)
TAP TO lA PORTE
Grantee,
66-002
D100ET90-166
03/13/91
TO HAVE AND TO HOLD the above described
. together with all and
singular the rights and appurtenances thereto
successors and assigns, and Gran r does hereby bind itself and its
successors, irs, assigns, and legal re esentatives, to warrant and forever
defend all . ngular the above rcribed easement and rights unto said
Grantee, its successo sand assi7' against every person whomsoever lawfully
claiming or to claim e or;any part thereof.
EXECUTED this / day of , 19_
(Name typed or
/
,
CITY OF lA PORTE
ATTEST:
BY:
BY:
Mayor
(Name typed or printed)
STATE OF TEXAS
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COUNTY OF
This
was acknowledged before
, Mayor of
corporation, on behalf of said corporation.
Notary's Signature
\orte.
"
. ,by
a municipal
(Name typed or printed)
Commission Expires:
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